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HomeMy WebLinkAboutMinutes 1960-1965 pt. 4In the Council Chambers of the City of San Rafael, Monday, October 15th, 1962 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman On motion of Councilman Jensen, seconded by Councilman Menary, the minutes of October 1st, 1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: BID OPENING - THIRD STREET WIDENING - PROJECT 55, PHASE 1 - File 4-1-90 The following bids were received, opened and read: McGuire & Hester $ 119,119.50 Brown Ely Company 123,345.50 Ghilotti Bros. Inc. 106,982.40 Ceccotti 111,329.25 Ptombo Bros. 104,616.18 RESOLUTION NO. 2678 - RESOLUTION OF AWARD OF CONTRACT (Piombo Bros.) Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING CONTINUATION OF HEARING ON AMENDMENTS TO SUBDIVISION ORDINANCE - File 10-3 Hearing was declared opened. City Attorney, A. E. Bagshaw, briefed the Council on the points of the State Law which conflicted with a portion of the suggested ordinance. This por- tion of the suggested ordinance was changed. Hearing was closed. An ordinance amending Chapter 15.04 of the Municipal Code of the City of San Rafael, Marin County, California, (The Subdivision Ordinance), by adding Section 15.04.065 providing for voidability of conveyances made contrary to the provisions and requirements of this Chapter, and numbering Charter Ordinance No. 760 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - REZONING PARCEL 175-010 PORTION OF 26 TERRA LINDA - File 10-3 Public hearing was declared opened. City Planner, James Garrett briefed the Council on the action and decision of the Planning Commission. Public hearing was closed. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from a "U" (Unclassified) district to an R -3 -B -D -H (Special Multiple Residential) District as per Ordinance No. 729, and numbering Charter Ordinance No. 761 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - REZONING PROPERTY BAYO VISTA WAY & SCENIC AVENUE - File 10-3 Hearing continued from SepVember 17th was declared opened. City Planner, James Garrett briefed the Council on the background of the events leading to the public hearing. Mr. Roderick P. Martinellim attorney representing the proponents and also City Attorney, A. E. Bagshaw requested the Council to fully describe the specifications for the improvement of the street, and as to the policy of the City in contributing to the cost. The Public Works re- commended a 26 foot street width and the Council informed Mr. Martinelli that the City would con- form to the existing pavement. The hearing was continued to November 5th giving the City Attorney and Public Works Department time to work out the required engineering together with agreement to be secured by bond for the proposed work. RE: GLENWOOD HOME OWNERS ASSOCIATION - File 11-15 Mr. John Madigan of the Glenwood Home Owners Association, requested the extension of Castle- mont Drive over the existing drainage ditch to connect Knight Drive with the school site. The matter was referred to the Public Works Department, to determine engineering costs. RE: PROPOSED BUS SYSTEM - File 9-9 Supervisor of Public Works, Norris Rawles reported the recommendations on the study made by the Traffic Committee on the routes as proposed. Mr. Peterson and Mr. Smith proponents of the bus system described the different route and the reasons why they were selected and reported that the number of meters to be removed had been reduced to 21. Mr. Irving Chapman urged that the routes be practical and suggested that they should not be on Fourth Street. On motion of Councilman Jensen, seconded by Councilman Aby, the Council granted a 60 days trial of bus operations on the routes as proposed and that the meter -heads be removed at the suggested bus stop areas and that the proponents of the bus system pay for the painting of the curbs at the bus stop zones. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: LEASE OF CITY PROPERTY - 2ND & LINCOLN - SHELL OIL COMPANY - File 2-10 The Council discussed with representatives of the Shell Oil Company the lease as proposed. On motion of Councilman Jensen, seconded by Councilman Baar, the Mayor and City Clerk were authorized to sign an agreement with the Shell Oil Company for a lease for 15 years with an option for five additional years and rental being .02� per gallon. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: MARIN BAY ASSESSMENT DISTRICT NO. 1 - File 6-7 Mr. Peter Hunt, attorney for the assessment district presented to the Council a resolution authorizing the distribution of the surplus monies in the improvement fund in accordance with Section 10427 of the Streets and Highways Code. RESOLUTION NO. 2679 - RESOLUTION AUTHORIZING DISTRIBUTION OF SURPLUS Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BELLAM BOULEVARD EXTENSION - File 2-2 The Council authorized City Manager, Dan Andersen to negotiate with the owners of the parcels of land required for the extension of Bellam Blvd. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: GRANT OF SEWER EASEMENT - File 2-3 RESOLUTION NO. 2680 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT (Robert McCarthy Company) Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: GLENWOOD UNIT IV. - File 5-1-95 RESOLUTION NO. 2681 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 757 - Final Adoption - SIGN ORDINANCE - File 10-1 CHARTER ORDINANCE NO. 757 - An ordinance amending the zoning ordinance of the City of San Rafael, California, by amending title fourteen of the San Rafael Municipal Code and Sections thereof, pro- viding that signs in certain zoning districts shall be appurtenant to an actual and present use, and numbering Charter Ordinance No. 757 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Jensen, Menary andMayor McInnis Noes: Councilmen: Baar Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 758 - Final Adoption - File 10-1 CHARTER ORDINANCE NO. 758 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from an U (Unclassified) District and from an $-2 (Duplex Residen- tial) District to a P -C (Planned Community) District, and numbering Charter Ordinance No. 758 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: REZONING OF PARCEL NO. 175-240-05 - File 10-3 Mr. Ben R. Ostlind of Coldwell Banker and Company appealed the decision of the Planning Com- mission on not granting a C-2-8 zoning. Public hearing set for November 5th, 1962. RE: REZONING PARCELS 13-114-19 and 13-114-20 - Woodland Ave. R-1 to R-3 - File 10-3 Public hearing set for November 5th, 1962. RE: STATE DIVISION OF HIGHWAYS - File 11-16 Letter filed advising the Council that the California Highway Commission consented to a new connection to the freeqy in the vicinity of Irwin and Second Streets. RE: CHAMBER OF COMMERCE CHRISTMAS DECORATIONS - File 105 - 119 The City Manager was directed to notify the Chamber of Commerce that the Council did not feel it was an obligation of the City to finance the cost of hanging the street decorations. RE: FIREHOUSE NO. 2 ALTERATIONS - File 12-3 A proposal for the alterations to Firehouse No. 2 from Crawford & Banning, Architects was presented to the Council and referred to the Fire Commission for study. RE: ILLEGAL SUBDIVISION - 27 WOOD STREET - File 10-4 The letter of Hartley R. Appleton representing Mrs. A. B. Walker appealed the decision of the Planning Commission, Public hearing was set for November 5th, 1962. RE: CITY HALL AND CAPITAL IMPROVEMENTS - File 12-2 Mayor John F. McInnis appointed Councilman Baar, Councilman Jensen, City Manger, Dan Andersen, Supervisor of Public Works, Norris Rawles and City Engineer, Dominic Selmi as a com- mittee to study the capital improvement program and recommend the sequence in accordance to the necessity and recommendations for financing. RE: PERSONNEL - File 7-5 Public Works Department was authorized to hire an additional Jr. Engineer. ­,. -Y D On motion of Councilman Jensen, seconded by Councilman Baar, the salary of Jerome Parke was ad- vanced from $687.00 to $721.00 and salary of Eugene Jones was advanced from $739.00 to $757.00. Ayes: Councilmen: Baar, Jensen and Menary Noes: Councilmen: Aby and Mayor McInnis Absent: Councilmen: None All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated October 15th, 1962, and now on file in the Clerk's Office to which reference is hereby made for further particulars: Council adjourned. GENERAL FUND $ 20,803.87 PARKS FUND 694.46 EQUIPMENT & REPLACEMENT FUND 1,301.30 STORES FUND 33.30 PARKING DISTRICT NO. 1 FUND 90.51 OAK WOODLANDS UNIT II FUND 450.75 $ 23,374.19 Approved this day of . 19 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, November 5th, 1962 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman On motion of Councilman Jensen, seconded by Councilman Menary, the minutes of October 15th, 1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: LOCH LOMOND HIGHLANDS UNIT I ASSESSMENT DISTRICT - File 5-2-32 Deputy City Clerk, W. C. Cornwell reported the results of the bid opening held at 2:00 o'clock P.M., November 1st, in the City Clerk's office as follows: Linscott Company, Inc., San Rafael Ghilotti Bros. Inc. San Rafael $ 139,406.81 $ 142,374.16 Bids were given to Mr. Frost, representative of Nobel Engineering Company for checking. Public hearing on the Public Convenience and Necessity and also on the Engineer's Report was declared opened. There being no one appearing for or against, the hearing was declared closed. Mr. Edwin N. Ness, attorney of the Sturgis, Den-Dulk, Douglass and Anderson attorneys for the dis- trict presented the following documents for filing and Council consideration. 1. The Engineer's amended estimate of cost. 2. Engineer's amended report of assessment. Public hearing on public convenience and necessity and on the amended Engineer's Report and Assessment was declared opened and no one appearing for or against, the hearing was declared closed. 4. Petition to change the designation of Engineer of Work. 5. RESOLUTION NO. 2682 - RESOLUTION AUTHORIZING CHANGE IN DESIGNATION OF ENGINEER OF WORK AND ASSOCIATION OF ADDITIONAL ENGINEERING FIRM IN LOCH LOMOND HIGH- LANDS UNIT ONE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen, denary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None 6. RESOLUTION NO. 2683 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS IN LOCH LOMOND HIGHLANDS UNIT OW ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALFFORNIA; THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY; AND DETERMINING THAT SUCH PROJECT SHALL PROCEED UNDER THE TERMS AND PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None 7. RESOLUTION NO. 2684 - RESOLUTION AMENDING ENGINEER'S ESTIMATE OF COST OF IMPROVEMENTS TO BE CONSTRUCTED AND ENGINEER'S REPORT IN LOCH LOMOND HIGHLANDS UNIT ONE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None 8. RESOLUTION NO. 2685 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN MARIN MUNI- CIPAL WATER DISTRICT AND CITY OF SAN RAFAEL. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None 9. Letter from S. C. Pohlman Company declaring their bid for the bonds of said assessment district, bid being 95% of the total par value of the bonds. 10. RESOLUTION NO. 2686 - RESOLUTION AUTHORIZING SALE OF BONDS. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Z 11. RESOLUTION NO. 2687 - RESOLUTION OF AWARD OF CONTRACT. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None 12. RESOLUTION NO. 2688 - RESOLUTION AND ORDER APPROVING ENGINEER'S REPORT, AS AMENDED, ORDERING THE CONSTRUCTION OF IMPROVEMENTS AND CONFIRMING THE ASSESSMENT, LOCH LOMOND HIGHLANDS UNIT ONE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, COUNTY OF MARIN, CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - REZONING BAYO VISTA WAY - File 10-3 Public hearing on rezoning Bayo Vista Way continued from October 15th was declared opened. Mr. Roderick P. Martinelli addressed the Council reporting that they had just received the soils engineer report and have not had the time to prepare the necssary plans and specifica- tions for the improvement as specified by the Council. The hearing was continued to December 3rd and at that time the Council wanted a definite answer as to the developer's intention. RE; PUBLIC HEARING - REZONING OF PARCEL 175-24o-05 CONTAINING 10.29 ACRES - File 10-3 Hearing was declared opened. City Planner, James Garrett briefed the Council on the thinking and action of the Planning Commission. Mr. Ben Ostlind of Caldwell, Banker Company, Agents for D. M. Christensen, presented arguments in favor of C -2-H. Numerous people representing co-op apartment buildings adjoining the site spoke against the re- zoning. The hearing was declzred closed. On motion of Councilman Menary, seconded by Councilman Baar, the appeal from the decision of the Planning Commission was denied. RE: PUBLIC HEARING - REZONING PARCELS 13-114-19 and 20 WOODLAND AVENUE BETWEEN BUNGALOW AND IRWIN - File 10-3 Public hearing was declared opened. City Planner, James Garrett briefed the Council on the decision of the Planning Commission. There being no one appearing for or against the rezoning, the hearing was declared closed. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from a R-1 (Single Family Residential) District to the R-3 (Multiple Family Re- sidential) District, and numbering Charter Ordinance No. 762 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - ILLEGAL SUBDIVISION 27 WOOD STREET - File 10-4 Public hearing was declared opened. Letter of Hartley R. Appleton, attorney representing Mrs. A. B. Walker, requesting the hearing be continued to November 19th, 1962 was read. Mrs. Walker spoke in her own behalf and asked the Council to reconsider their former decision. Mayor McInnis asked Mrs. Walker if she wished the hearing to be continued, to which she replied that she would abide by the decision made at this hearing. The hearing was declared closed. On motion of Councilman Aby, seconded by Councilman Jensen, the decision of the Planning Commission was upheld. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: RE: PUBLIC HEARING - TERRA LINDA NO. 9 ANNEXATION - File 5-2-31 The hearing was declared opened. There being no one appearing for or against the annexation, the hearing was declared closed. The City Manager was directed to prepare an ordinance setting the date for a special election. RE: CULVERT ON SCENIC AVENUE - File 12-9 Mr. Bryan McCarthy, attorney representing Mr. and Mrs. Bricker owners of property on Scenic Avenue requested the Council to replace and move to a new location an existing wooden culvert under said road which has structurally failed. The matter was referred to Public Works Department. RE: FREEWAY AGREEMENT - File 4-8 — 7 The Freeway Agreement between the State and the City of San Rafael covering State Highway Route 1 between the north City limits and Harbor Street was presented. RESOLUTION NO. 2689 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BRET HARTE ASSESSMENT DISTRICT - File 6-11 Mr. Dan Coleman, Engineer, presented a diagram showing the boundary of the proposed drainage assessment district and described to the Council how the drainage system would operate. Mr. Edwin N. Ness, of Sturgis, Den -bulk, Douglass and Anderson presented the following documents for f i 1 ing: 1. Engineer's Report and Assessment. 2. General Conditions and Specifications. 3. Engineer's Estimate of Cost. 4. RESOLUTION NO. 2690 - RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT AND ORDERING THE CONSTRUCTION AND ACQUISITION OF CERTAIN IMPROVEMENTS AND RIGHTS-OF- WAY IN BRET HARTE DRAINAGE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor Mclnn+s Noes: Councilmen: None Absent: Councilmen: None 5. Notice Inviting Sealed Bids. 6. Notice of Improvement. 7. RESOLUTION NO. 2691 - RESOLUTION OF INTENTION TO AMEND RESOLUTION OF INTENTION IN BRET HARTE DRAINAGE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA, AND SETTING TIME AND PLACE OF PUBLIC HEARING THEREON. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None 8. RESOLUTION NO. 2692 - RESOLUTION APPROVING ASSESSMENT DIAGRAM IN BRET HARTE DRAINAGE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: EAST SAN RAFAEL ASSESSMENT DISTRICT - File 6-16 Mr. Edwin Ness, attorney presented the following documents for filing: 1. Petition requesting the Formati6n of District. 2. Certificate of Engineer of Work Certifying that morethan 60% of the area had signed the petition 3. RESOLUTION NO. 2693 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAME SPECIAL ASSESS- MENT PROCEEDINGS FOR THE CONSTRUCTION AND ACQUISITION OF IMPROVEMENTS IN EAST SAN RAFAEL ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AND SETTING TIME AND PLACE OF HEARING FOR DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR THE CONSTRUCTION AND ACQUISITION OF SAID IMPROVEMENTS. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None 4. RESOLUTION NO. 2694 - RESOLUTION APPOINTING ENGINEER OF WORK AND AUTHORIZING EXECUTION OF AGREEMENT. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilrren: None Absent: Councilmen: None 5. RESOLUTION NO. 2695 - RESOLUTION APPOINTING PERSON TO PREPARE SPECIAL ASSESSMENT PRO- CEEDINGS AND AUTHORIZING EXECUTION OF AGREEMENT. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilman: None 6. RESOLUTION NO. 2696 - RESOLUTION OF INTENTION IN THE MATTER OF THE CONSTRUCTION AND THE ACQUISITION OF CERTAIN IMPROVEMENTS AND RIGHTS-OF-WAY IN EAST SAN RAFAEL ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, STATE OF CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BELLAM BOULEVARD EXTENSION - File 2-2 RESOLUTION NO. 2697 - RESOLUTION ACCEPTING DEED TO REAL PROPERTY. Ayes: Councilmen: Aby, Baar,Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: P. J. TARRANT ANNEXATION - File 5-2-35 RESOLUTION NO. 2698 - RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF SAN RAFAEL OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "LANDS OF P.J.TARRANT, INC.," AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: IMPROVEMENT OF LARKSPUR & ALTO STREETS - File 4-10-24 On motion of Councilman Menary and seconded by Councilman Aby, the plans and specifications were approved and the Mayor and City Clerk were authorized to sign an agreement for the comple- tion of the improvement work as shown upon the improvement plans and specifications, with Kaehler and Farrar, Development, Inc. Ayes: Councilmen:Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FIREHOUSE NO. 2 MODIFICATION - File 4-1-89 On motion of Councilman Aby, seconded by Councilman Jensen, the completion date for the improvements was extended to November 16, 1962. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: THIRD STREET IMPROVEMENT - File 11-1 x 4 -1 -go At the request of the Supervisor of Public Works, Norris Rawles, the Council authorized an opening in the center traffic island so truck and trailers may make a left turn from the Tide- water Oil Company's bulk plant. RE: MARIN PROFESSIONAL CENTER UNIT I DRAINAGE - File 2-12 On recommendation of Public Works Department, Councilman Jensen moved and Councilman Aby seconded the motion to quit claim to the Pacific Telephone and Telegraph Company property ease- ments in lots 1 and ,1T of Marin Professional Center Unit 1. 1Z RESOLUTION NO. 2699 - RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENTS (4) MARIN PROFESSIONAL CENTER - Unit 1. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: REZONING WOODLAND AVENUE SOUTH SIDE EAST OF DU BOIS - File 10-3 Public hearing set for November 19th, 1962. RE: CHARTER ORDINANCE NO. 760 - Final Adoption - File 10-1 CHARTER ORDINANCE NO. 760 - An ordinance amending Chapter 15.04 of the Municipal Code of the City of San Rafael, Marin County, California, (The Subdivision Ordinance), by adding Section 15.04.065 providing for voidability of conveyances made contrary to the provisions and requirements of this Chapter, and numbering Charter Ordinance No. 760 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 761 - Final Adoption - File 10-1 CHARTER ORDINANCE NO. 761 - An ordinance amending the zoning map of the City of San Rafael, Cali- fornia, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from a "U' (Unclassified) District to an R -3 -B -D -H (Special Multiple Residential) District as per Ordinance No. 729, and numbering Charter Ordinance No. 761 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT WITH NORTHWESTERN PACIFIC RAILROAD COMPANY - File 4-5-5 On motion of Councilman Jensen, seconded by Councilman Menary the Mayor and City Clerk were authorized to sign the 6th Supplemental Agreement with the Northwestern Pacific Railroad Company for maintenance of drainage facilities. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BUDGET APPROPRIATIONS - File 8-5 On motion of Councilman Baar, seconded by Councilman Aby, the Council authorized the follow- ing appropriations to various budget accounts: $ 54.88 City Attorney a/c 16-370 Special Insurance Policy 45.00 Public Works a/c 40-200 Utility chg. Robert Dollar Transmission 60.00 Public Works a/c 40-202 Pt&T $5.00 monthly chg. Radio Telephone 500.00 Public Works a/c 40-275 County Charge for Radio Service 50.00 Public Works a/c 40-205 Legal Publications for Engineers 100.00 S.R.S.D. a/c 52-210 Postage - Reimbursable by S.R.S.D. 400.00 S.R.S.D. a/c 52-255 Construction Materials 9,314.00 Capital Impr. a/c 55-3-2 5th & Forbes Sewer, Contract let 5/7/62 3,000.00 Parks a/c 66-270 Contract with Ribera & Sue, Architects 150.00 Parks a/c 66-362 Workman's Comp. Ins. (over amount budgeted) Also, authorize transfer of $53.04 from a/c 90-265 to a/c 90-210 - Printing of Collection records for Parking Meter Department. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CORRESPONDENCE File 9-5-C Letter from First Church of Chirst, Scientist requesting newsracks being placed in the City area. City Manager, Dan Andersen was directed to reply stating that the City Council makes no such grants. File 102 Letter from San Rafael City Schools thanking the Council in their cooperation in eliiminating two (2) parking meters near the "E" Street School. File 3-2 Letter from A. E. Bagshaw, City Attorney regarding action to quiet title by Aldo J. Nicolai of a lane fronting on the Northerly line of Second Street, 127 feet West of "E" Street. The City having no interest in the subject property decided to leave any claim go by default. File 12-9 Letter from E. J. Boss of 1220 Grand Avenue regarding a storm drain adjacent to his property was referred to Public Works Department. File 11-6 Letter from Mrs. Boudikine-Sweet regarding trimming of trees at corner of First and "C" Streets, San Rafael, was referred to Public Works Department. File 101 A petition from residents of Forbes Avenue adjacent to 409 and 411 Forbes regarding the overloading of a storm drain which floods and deposits debris from the White Oaks Subdivision was referred to the Public Works Department for a report to be submitted to the City Attorney. File 101 A letter of Jack MacPhee asking for time on the agenda at a future meeting to familiarize the Council with a proposed assessment district to improve a presently accepted street in San Rafael. File 3-1 Claim for damages of Jerome Garcia was received and referred to the Insurance Carrier. RE: MICHELFELDER GRANT DEED - File 2-2 Councilman Menary left the meeting at 11:30 P.M. RESOLUTION NO. 2700 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. Ayes: Councilmen: Aby, Baar, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Menary Councilman Menary returned to the meeting at 11:45 P. M. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated November 5th, 1962, and now on file in the Clerk's Office to which reference is hereby made for further particulars: GENERAL FUND PARKS FUND EQUIPMENT & REPLACEMENT FUND SPECIAL RECREATION PROGRAMS FUND EMPLOYEES' RETIREMENT FUND CAPITAL IMPROVEMENT FUND GAS TAX FUND OAK WOODLANDS UNIT 2 FUND MARIN BAY IMPR. UNIT 2 FUND LOCH LOMOND HIGHLANDS UNIT 1 FUND PARKING DIST. NO. 1 FUND Council adjourned to November 19th, 1962. $ 20,864.31 575.42 571.00 64.96 7,796.09 39,726.23 2,457.00 18,579.57 2,107.20 117.00 53.04 $ 92,911.82 W. C. CORNWELL, Depu Approved this day of ,City Clerk MAYOR OF THE CITY OF SAN RAFAEL 01 .fid L, In the Council Chambers of the City of San Rafael, Monday, November 19th, 1962 at 8:00 o'clock P.M. P.M. Regular Meeting: Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman RE: APPROVAL OF MINUTES On motion of Councilman Aby, seconded by Councilman Baar, the minutes of November 5th, 1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: PUBLIC HEARING - REZONING WOODLAND AVENUE PARCEL 13-161-25 MR. E. WACHSMAN & MR. McDUFFIE - File 10-3 The City Planner, James Garrett briefed the Council on the action to date of the Planning Commission. The hearing was declared opened. The owners, Mr. Wachsman and Mr. McDuffie spoke m favor of the rezoning. There being no one appearing against, the hearing was declared closed. CHARTER ORDINANCE NO. 763 - An ordinance amending the zoning map of the City of San Rafael, Cali- fornia, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from a C -2-H (General Commercial) with Parking Require- ments) District to an R-3 (Multiple Family Residential, Districo, and numbering Charter Ordinance No. 763 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FLAG - File 119 Mr. Ed Wachsman representing the Jr. Chamber of Commerce addressed the Council regarding the placement of flags on Fourth Street. The flags at one time were placed in holes drilled in the sidewalk but due to several injuries resulting from the stepping into the holes, they were filled up. At the present time, the flags are tied to the parking meters. He requested the Council to have the holes re -drilled or suggest some other method of erecting the flags. Because of the consumption of time, it was suggested by the Council that Mr. Wachsman talk it over with the City Engineer so that some other method could be worked out. RE: SCENIC AVENUE DRAINAGE CULVERT - File 12-9 Bryan McCarthy, attorney for Mr. and Mrs. Bricker discussed with the Council the change of location and the sharing of costs of the wooden culvert which has failed. The matter was held over to December 3rd, meeting. RE: ACCEPT EASEMENT FOR STORM DRAIN - MARIN BAY UNIT 1 - File 2-4-3 RESOLUTION NO. 2701 - RESOLUTION ACCEPTING GRANT OF STORM DRAIN - Marin Bay Unit 1 Ayes: Councilmen: Aby, Baar, Jensen, Menary andMayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: QUITCLAIM DRAINAGE EASEMENT - Marin Bay Unit 1 - File 2-12 On motion of Councilman Aby, seconded by Councilman Baar, the Mayor and City Clerk were authorized to sign a quitclaim deed for a 10 foot storm drainage and public utilities easement lying 3 feet Southwesterly of and 7 feet Northeasterly of the line common to Lots 8 and 9 of "Map of Marin Bay, Unit 111. Ayes: Councilmen: Aby, Baar, Jensen, Menary andMayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ACCEPT GRANTS FOR SEWER RIGHT-OF-WAY BRADCLIFF COURT & WELCOME LANE - File 2-3-8 RESOLUTION NO. 2702 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENTS - Bradcliff Court and Welcome Lane. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PLANS AND SPECIFICATIONS - PROJECT 54 - Forbes Avenue Drainage - File 4-1-91 RESOLUTION NO. 2703 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 54 - STORM WATER SEWER FORBES AVENUE AND "K STREET. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FINAL MAP NORTHGATE DRIVE - TERRA LINDA SHOPPING CENTER - File 5-1-119 RESOLUTION NO. 2704 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITQED "NORTHGATE DRIVE - PTN. NORTHGATE SHOPPING CENTER. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT FOR FIRE PROTECTION - SAN PEDRO SCHOOL-- File 4-7-4-A On motion of Councilman Menary, seconded by Councilman Jensen the Mayor and City Clerk were authorized to sign an agreement with the San Rafael Elementary School District to provide Fire Protection Services for and on behalf of theSan Pedro School. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen:None RE: RECREATION PROGRAM AGREEMENT - SCHOOL DISTRICT - File 4-7-1 On motion of Councilman Jensen, seconded by Councilman Aby, the Mayor and City Clerk were authorized to sign an agreement with the San Rafael Elementary School District and the San Rafael High School District to operate a cooperative recreation program with the City. The City of San Rafael is to contribute $35,760.00 and the two school districts to contribute $7,348.00 and $7,987.00 for a total amount of $51,085.00. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CLAYTON STREET IMPROVEMENT DISTRICT - File 6-17 Mr. Jack MacPhee addressed the Council stating he had a petition signed by owners of 67% of the area involv3d. Mr. Jess Rudolph spoke against the formation of any district. The Attorney, Edwin Ness suggested that the district could be combined with another district to reduce costs. The Council authorized Mr. MacPhee to negotiate with the Engineer of Work and attorney for for- mation of a district. RE: TERRA LINDA CONVALESCENT HOSPITAL - File 10-2 Supervisor of Public Works, Norris Rawles briefed the Council on the placing of underground utilities before the improvement of the street adjacent to the property proposed as a convalescent hospital by Dr. Rafael Dufficy. Dr. Dufficy presented arguments as to why he should not be responsible for the placing of the 8" water main completely across the frontage of his property. On motion of Councilman Baar, seconded by Councilman Jensen, Dr.Dufficy would be required to place the 8" main to a point designated by the Fire Chief for the fire hydrant as shown on the improvement plan. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FINAL ADOPTION CHARTER ORDINANCE NO. 762 - File 1-2 CHARTER ORDINANCE NO. 762 - An ordinance amending the zoning map of the City of San Rafael, Cali- fornia, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from a R-1 (Single Family Residential) District to the R-3 (Multiple Family Residential) District, and numbering Charter Ordinance No. 762 was re�� tFedweedpassed amd adopted ass an Ordinance of the City of an Rafael by the fo llowing vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: REZONING BUNGALOW AVENUE - PARCEL 13-114-01 - File 10-3 Appeal of W. Batey from the decision of the Plan6ing Commission. Hearing set for December 3rd, 1962. RE: SERVICE RISER P1PE AGREEMENT - PACIFIC GAS & ELECTRIC COMPANY - File 4-4 On motion of CouncilmanJensen, seconded by Councilman Aby, the Mayor and City Clerk were authorized to sign the agreement of the service riser pipe #A-4315. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ANNEXATION ELECTION TERRA LINDA NO. 9 --File 9-4 x 5-2-31 An ordinance of the City of San Rafael calling a Special Election to be held on the 22nd day of January 1963, pertaining to the annexation of ''Terra Linda No. 9" to the City of San Rafael, and numbering Charter Ordinance No. 764 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen,Menary andMayor McInnis Noes: Councilmen: None Absent: Councilmen: None I I' I h 3 i:.—.,! Q ,N d RESOLUTION NO. 2707 - RESOLUTION TO THE BOARD OF SUPERVISORS, COUNTY OF MARIN, STATE OF CALIFORNIA, RE- QUESTING CONSOLIDATION WITH ELECTION TO BE HELD JANUARY 22, 1963. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: EXTENSION OF BELLAM BLVD. - File 2-2 RESOLUTION NO. 2709 - A RESOLUTION AUTHORIZING THE EXECUTION OF A DEED FRO EXCHANGE OF REAL PROPERTY FOR THE CONSTRUCTION OF BELLAM BOULEVARD, CITY OF SAN RAFAEL. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BUDGET TRANSFER - PARK DEPARTMENT - File 8-14 On motion of Councilman Baar, seconded by Councilman Jensen, the Finance Officer was authorized to transfer $400.00 from Account 66-750 to 66-250. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CHULA VISTA ASSESSMENT DISTRICT - File 6-13 Mr. Edwin Ness, attorney of Sturgis, Den-Dulk, Douglass & Anderson presented the following documents for filing and Council consideration. 1. Engineer's Report and Assessment Diagram 2. The Engineer's Estimate of Cost. 3. RESOLUTION NO. 2705 - RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT AND ORDERING THE CONSTRUCTION AND ACQUISITION OF CERTAIN IMPROVEMENTS AND RIGHTS OF WAY IN CHULA VISTA ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen, Menary andMayor McInnis Noes: Councilmen: None Absent: Councilmen: None 4. RESOLUTION NO. 2706 - RESOLUTION APPROVING ASSESSMENT DIAGRAM IN CHULA VISTA ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: DRAINAGE CONDITIONS MOUNTAIN VIEW AVENUE - File 12-9 A letter signed by 11 property owners in the vicinity of 236 to 242 Mountain View Avenue bringing the Council's attention to the inadequate drainage conditions was referred to the Public Works and City Attorney. RE: USE PERMIT N0. 846 - TERRA LINDA MEADOWS - File 10-5 A letter from Sanford B. Weiss and Calvin B. Wheeler appealing the Planning Commission's de- cision on Use Permit No. 846 was read. Public hearing was set for December 3rd, 1962. RE: ATTORNEY GENERAL OPINION ON ACQUISITION OF IMPROVEMENTS - File 9-16 City Attorney, A. E. Bagshaw briefed the Council on Mr. Kenneth Jones' letter regarding the opinion of the Attorney General. It was suggested that a luncheon date be set to discuss the matter, but until the council makes a decision, the present policy regarding assessment districts will continue. RE: APPOINTMENT OF CITY ATTORNEY AND CHIEF OF POLICE AS CHARTER AMENDMENTS - File 1-1-14 & 1-1-15 City Attorney, A. E. Bagshaw expressed to the Council that he felt that the City should have a full time attorney and that the office should be appointive, that if the Council wished to pre- sent to the people an amendment to the Charter, action must be taken at once so that it would be consolidated with the January 22nd, 1963 Election for Congressmen. Mayor McInnis asked for the opinion of the Council regarding the appointment of Chief of Police as recommended in the report of Chief Simpson. RESOLUTION NO. 2710 - RESOLUTION CALLING FOR AN ELECTION TO BE HELDON THE 22ND DAY OF JANUARY, 1963 ON PROPOSED CHARTER AMENDMENTS THAT THE OFFICE OF CITY ATTORNEY BE APPOINTIVE RATHER THAN ELECTIVE, AND THE OFFICE OF CHIEF OF POLICE BE APPOINTIVE RATHER THAN ELECTIVE. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Note: For request to consolidate see Resolution No. 2707 RE: NORTHWESTERN PACIFIC RAILROAD COMPANY ABANDONMENT OF TUNNEL - File 117 On motion of Councilman Menary, seconded by Councilman Jensen, the City Clerk was authorized to draw a warrant for $18,956.48 to Graham James & Rolph, attorneys at law for services rendered representing the City of San Rafael in the Northwestern Pacific Railroad Company, Puerto Suello tunnel abandonment. The City Attorney was directed to request Mr. Lacusta of the above law firm to write the Northwestern Pacific Railroad Company and ask that they show cause why they have not reopened the tunnel and service as required by the Public Utilities Commission. RE: CITY HALL SITE - File 12-2 The City Attorney was instructed to proceed with condemnation proceedings on the proposed Fifth Street City Hall site. RESOLUTION NO. 2708 - A RESOLUTION FINDING AND DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE THE CONSTRUCTION OF A CITY HALL AND OTHER MUNICIPAL PUBLIC BUILDINGS OF THE CITY OF SAN RAFAEL, CALIFORNIA, AND THAT THE ACQUISLTION OF THE PROPERTY HEREIN DES- CRIBED IS NECESSARY THEREFOR. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None City Manager, Dan Andersen and Finance Officer W. L. Morgan were directed to make a study and a report on the city's ability to make progress payments and how the financing could be done. Letter of Cal -Marin Title Company requesting opportunity to place a bid for the title insurance was read. RE: PERSONNEL - File 7-5 George Kearnes - Planning Technician at $453.00 per month effective November 19, 1962 All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated November 19th, 1962, and now on file in the Clerk's office to which reference is hereby made for further particulars: Council adjourned. GENERAL FUND $ 21,116.03 PARKS FUND 326.12 EQUIPMENT & REPLACEMENT FUND 1,027.23 SPECIAL RECREATION PROGRAMS FUND 240.00 STORES ACCOUNT 167.00 PARKING DIST. NO. 1 FUND 94.46 OAK WOODLANDS UNIT 2 FUND 288.00 GENERAL FUND Approved this $ 23,258.93 $ 18,956.48 W. C. day of VJr �4f / On, WELL, Deputy ity Cler R MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, December 3rd, 1962 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman On motion of Councilman Jensen, seconded by Councilman Menary, the minutes of November 19th, 1962, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. RE: PROJECT 54 - STORM WATER SEWERS FORBES & K STREET - File 4-1-91 The following bids were received, opened and read: McGuire & Hestor 796 -66th Avenue, Oakland $ 15,865.00 J. R. Armstrong Const. Co. 5741 Central Ave., El Cerrito 12,200.00 E. A. Forde Company P.O. Box 306, San Anselmo 13,365.50 Linscott Co., Inc. 30 Belvedere, San Rafael 11,859.00 V. Maggiora & Son, Inc. P.O. Box 385, Sausalito 12,640.00 Ceccotti 5760 Paradise Dr., Corte Madera 11,221.00 Mountain States Const. Co. 2235 Dunn Rd., Hayward 14,120.00 Ghilotti Bros., Inc. 629 Francisco B1vd.San Rafael 10,892.90 Piombo Bros. 2155 Francisco B1vd.,San Rafael 13,907.60 Wilson Chadwick Const. P.O. Box 630, San Rafael 12,423.50 RESOLUTION NO. 2711 - RESOLUTION OF AWARD OF CONTRACT (Ghilotti Bros.) Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - REZONING BUNGALOW AVENUE, PARCEL NO. 13-114-01 W. Batey - File 10-3 Public hearing was declared opened. Petition bearing 34 signatures was filed. James Garrett, briefed the Council on the decision of the Planning Commission. Mr. Batey addressed the Council on his own behalf. Mr. E. Tyrell, Mrs. Victoria & Mr. Cesare Bettini and Mr. E. Gagen presented arguments against the rezoning. Public hearing was declared closed. On motion of Councilman Baar, seconded by Councilman Jensen, the decision of the Planning Com- mission was upheld. RE: PUBLIC HEARING CONTINUED FROM NOVEMBER 5TH, 1962 - REZONING BAYO VISTA WAY - File 10-3 Hearing was declared opened. City Planner, James Garrett, briefed the Council on the boundary of the proposed area to be rezoned R-2 and that portion to be rezoned to R -3G. Roderick Martinelli addressed the Council in favor of the rezoning. Colonel Morrison, Mr. J. Sheean, and Mr. Kenneth Proctor all spoke against the rezoing. Public hearing was declared closed. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify cer- tain real property from an R-1 (Single Family Residential) District to an R-2 (Duplex Residential District & R -3-G (Garden Apartment) District, and numbering Charter Ordinance No. 765 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar and Mayor McInnis Noes: Councilmen: Menary and Jensen Absent: Councilmen: None RE: SCENIC AVENUE IMPROVEMENT - File 4-1— (U The Council discussed with City Engineer, Dominic Selmi the engineering design for the improvement of Scenic Avenue. City Attorney, A. E. Bagshaw expressed his legal opinion on possibility of legal recourse in the improvement of said street. On motion of Councilman Aby, seconded by Councilman Baar, the Mayor and City Clerk were authorized to sign an agreement for the completion of the improvement work designated as ''Scenic Avenue Improvements'.'. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - USE PERMIT NO. 846 - TERRA LINDA MEADOWS - File 10-5 City Planner, James Garrett briefed the Council of the reasons for the action of the Planning Commission. Mr. Calvin Wheeler and Mr. Rosso, architect, discussed and explained to the Council the reasons for the additional four units. Eight residents of the area spoke against the use permit. On motion of Councilman Baar, seconded by Councilman Aby, it was moved that Use Permit No. 846 which increased the living units from 215 to 219 be granted. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BUILDING PERMIT ON WOODLAND AVENUE CORPORATE LIMIT LINE - File 9 x 8 x 9 x 10 Mr. Earl White addressed the Council and explained the difficulty he is having in building, due to the corporate limit line running through his property and the building; 1/3 being in the City and 2/3 being in the County. City Building Inspector, Andrew Thomas was instructed to write the County Building Department that the City would waive jurisdiction, and authorize them to issue the necessary building per- mits. RE: BRET HARTE ROAD EXTENSION - File 11-15 x 2 x 2 Supervisor of Public Works, Norris Rawles was instructed to pave the roadway area from Bret Harte Road in La Loma Woodlands to the existing pavement of Bret Harte Road in Courtwright Tract. RE: DRAINAGE CULVERT SCENIC AVENUE - File 12-9 Supervisor of Public Works Norris Rawles presented a report regarding the existing drainage culvert and what would be necessary to repair it. Mr. Bryan McCarthy, attorney for Mr. and Mrs. Bricker requested that in the reconstruction of Scenic Avenue, the pipe be relocated at a point under the street which would be the projection of the lot line southerly and an underground pipe be continued down the lot line to the creek. On motion of Councilman Baar, seconded by Councilman Aby, the Council agreed to pay 1/2 the cost. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: RESOLUTION AUTHORIZING TRANSFER OF FUNDS - MARIN BAY IMPROVEMENT DISTRICT NO. 2 - File 6-10 Request of Mr. Kenneth Jones to transfer funds in Marin Bay Improvement District No. 2 was held over to the adjourned meeting of Friday, December 7th, 1962 at 12:00 o'clock P.M. RE: FINAL MAP TOYON ESTATES - File 5-1-120 Ordered held over. RE: CHULA VISTA ASSESSMENT DISTRICT - File 6-13 Letter from Edwin N. Ness, attorney for the district requested that the Council adjourn it's meeting to Friday, December 7th, 1962 to take the necessary action regarding the street work. RE: CITY HALL - File 12-2 The Council discussed the acquisition of the property for the new city hall site and directed the City Manager, Dan Andersen to continue his negotiations. RE: AUDIT PROPOSAL 1962-63 - HALVOR D. KLINKER - File 8-1 Halvor D. Klinker, Public Accountant, submitted a proposal for auditing the books of the City of San Rafael. On motion of Councilman Jensen, seconded by Councilman Baar, the proposal of Halvor D. Klinker was accepted and was commended for his excellent work and cooperation. RE: TERRA LINDA COMMUNITY SERVICES DISTRICT The following requests were referred to the Public Works Department: File 9-5-T (1) A request to maintain an existing bus shelter on the East side of the Highway 101. File 11-17 (2) A request for a crossing guard for school children at Freitas Parkway and Las Pavadas. File 11-10 (3) A request for traffic signal at Freitas Parkway and Las Gallinas. RE: PARKING WEST END AVENUE - File 11-8 Mrs. L. Mindle of 127 West End Avenue addressed the Council regarding the parking situation on West End Avenue. The matter was referred to the Traffic Committee. RE: CHARTER ORDINANCE NO. 764 - FINAL ADOPTION - File 9-4 CHARTER ORDINANCE NO. 764 - An ordinance of the City of San Rafael calling a Special Election to be held on the 22nd day of January 1963, pertaining to the annexation of "Terra Linda No. 9" to the City of San Rafael, and numbering Charter Ordinance No. 764 was passed and adopted as an ordi- nance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None 12.',' � '.j On motion of Councilman Jensen, seconded by Councilman Aby, the Council authorized the Board of Supervisors to canvass the votes of the special election to be held January 22nd, 1962 and directed the City Clerk to notify the Board as to it's action. RE: ELIZABETH WAY - File 12-1 Mr. Gerard A. Hendriks requested the City to clear the unpaved portion of Elizabeth Way at Forbes Avenue and that they assist in the landscaping and he in turn would maintain same. The Council directed the public Works Department to clean up the debris, but would not assume any other responsibility. RE: CLAIM FOR DAMAGES - File 3-1 A letter of Mrs. Olive M. Howe submitting a claim of $14.95 for the damages suffered by stoppage of sewer adjacent to 11 Scenic Avenue was referred to the Public Works Department. RE: OFFERING OF WATER COLORS TO NEW CITY HALL - File 12-2 A letter of Mr. Al Shell offering a collection of water colors by Miss Betty Guy for the new City Hall was referred to the City Manager and Mayor McInnis to view them and report back to the Council. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated December 3rd, 1962, and now on file in the Clerk's Office to which re- ference is hereby made for further particulars, excepting therefrom Warrant No. 801 which was ordered cancelled. GENERAL FUND $ 6,350.49 CAPITAL IMPROVEMENT FUND 238.00 SPECIAL RECREATION PROGRAMS 191.60 STATE EMPLOYEES'' RETIREMENT SYSTEM 7,874.71 PARKS FUND 446.86 EQU,iPMENT & REPLACEMENT FUND 1,964.76 STORES ACCOUNT 97.09 WHITE OAKS UNIT NO. 2 45,477.23 OAK WOODLANDS UNIT 2 35,815.47 MARM BAY IMPR. DIST.#2 3,846.71 $ 102,302.92 Council meeting adjourned to Friday, December 7th, 1962 at 12:00 O'clock P. M. W. C./CORW ELL, Deputy City Clerk Approved this day of N MAYOR OF THE CITY OF SAN RAFAEL ' "d in the Council Chambers of the City of San Rafael, Friday, December 7th, 1962 at 12:00 o'clock P. M. Adjourned Meeting: RE: CHULA VISTA ASSESSMENT DISTRICT - File 6-13 Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman Absent: David Menary, Jr., Councilman Edwin N. Ness, attorney presented the following documents for filing and Council considera- tion: (1) RESOLUTION NO. 2712 - RESOLUTION AUTHORIZING AND DIRECTING THE ENGINEER OF WORT. TO FILE AN AMENDED ENGINEER'S REPORT AND ESTIMATE OF COST IN CHULA VISTA ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Menary (2) Amended Engineer's Report and Assessment. (3) Amended Engineer's Estimate of Cost. (4) RESOLUTION NO. 2713 - RESOLUTION AND ORDER PRELIMINARILY ADOPTING AMENDED ENGINEER'S REPORT AND ORDERING THE CONSTRUCTION AND ACQUISITION OF CERTAIN IMPROVEMENTS AND RIGHTS OF WAY IN CHULA VISTA ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. and Ayes: Councilmen: Aby, Baar, Jensen,/Mayor McInnis Noes: Councilmen: None Absent: CounciIrren: Menary (5) RESOLUTION NO. 2714 - RESOLUTION ADOPTING SCALE OF PREVAILING WAGES. Ayes: Councilmen: Aby, Baar, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Menary (6) Notice of Improvement. (7) Notice Inviting Sealed Bids. RE: CHARTER ORDINANCE NO. 763 - Final Adoption File 1-2 CHARTER ORDINANCE NO. 763 - An ordinance amending the zoning map of the City of San Rafael, Cali- fornia, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from a C -2-H (General Commercial with Parking Require- ments) District to an R-3 (Multiple Family Residential) District, and numbering Charter Ordinance No. 763 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen and Mayor McInnis Noes: Councilmen: None Absent; Councilmen: Menary RE: MARIN BAY ASSESSMENT DISTRICT NO. 2 - File 6-10 Council discussed with City Attorney, A. E. Bagshaw the certificate of the Engineer of Wrok for the payment of the acquisition of improvements. Dan Coleman, Engineer presented invoices substantiating that the work had been done and the improvements were in place. On motion of Councilman Jensen, seconded by Councilman Baar, Finance Officer, W. L. Morgan was authorized to pay the claim of Latipac-Perini the sum of $181,099.85. RESOLUTION NO. 2715 - A RESOLUTION ORDERING TRANSFER OF FUNDS - Marin Bay Improvement District NO. 2. Ayes: Councilman: Aby, Noes: Councilmen: None Absent: Councilmen: Menary Council adjourned. Baar, Jensen and Mayor McInnis W. L. -'MORGAN, City Clerk W. C. CORNWELL, Deputy City Clerk Approved this day of 19 MAYOR OF THE CITY OF SAN RAFAEL '127'8 8 In the Council Chambers of the City of San Rafael, Monday, December 17th, 1962 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman On motion of Councilman Menary, seconded by Councilman Jensen, the minutes of December 3rd, and December 7th, 1962, a true and correct copy thereof hay.i.ng been heretofore submitted in writing to each member, were approved. RE: BRET HARTE ASSESSMENT DISTRICT - File 6-11 Opening of bids December 10th, 1962 at 3:00 o'clock P.M. The following bids were received, opened and read: McGuire it Hester 796 -66th Avenue, Oakland 12 $ 810,964.50 Granville Const. 5600 Weaver P1. Oakland 19 742,892.00 V. Maggiora & Son P.O. Box 385, Sausalito 941,496.00 RE: PUBLIC HEARING - BRET HARTE DRAINAGE ASSESSMENT DISTRICT - File 6-11 Public hearing was declared opened. Mayor McInnis spoke to the audience explaining the reasons for the Council's action yo date and requested Dan Coleman to describe the district and explain the working design of the proposed drainage system. Numerous property owners of the dis- trict spoke and asked questions regarding the engineering and the.assessments. City Attorney, A. E. Bagshaw reported the protests filed in the City Clerk's office amounted to over 90% of .the area. Mayor McInnis then addressed the audience and explained that the City intended to participate in the district to the extent of relieving the district of work on Mahon Creek. The proceedings were recorded by a Court reporter. RESOLUTION NO. 2716 - RESOLUTION CONTINUING THE PUBLIC HEARING, CONSIDERATION OF THE ENGINEER'S REPORT AND ASSESSMENT, AND THE BIDS FOR THE DOING OF THE WORK IN BRET HARTE DRAINAGE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes.: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING -TARRANT ANNEXATION - File 5-2-35 Public hearing was declared opened. There being no one appearing for or against the hearing was declared closed. An ordinance approving the annexation of certain uninhabited territory, designated ''Lands of P. J. Tarrant, Inc., to the City of San Rafael, and numbering Charter Ordinance No. 766 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - EAST SAN RAFAEL ASSESSMENT DISTRICT NO. 2 - File 6-16 Public hearing was declared opened. There being no protest filed nor anyone appearing for or against, the hearing was declared closed. RESOLUTION NO. 2717 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY RE- QUIRE THE IMPROVEMENTS IN EAST SAN RAFAEL ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA; THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY; AND DETERMINING THAT SUCK PROJECT SHALL PROCEED UNDER THE TERMS AND PROVISIONS OF THE MUNICIPAL IMPROVE- MENT ACT OF 1913. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ROSS STREET TERRACE ASSESSMENT DISTRICT - File 6-17 The following documents were presented for Council consideration: 1. Petition to form a district for street work. 2. Certificate of Engineer certifying that more than 60% of area have signed the petition. 3. Boundary Map of the District. 4. RESOLUTION NO. 2718 - RESOLUTION APPOINTING ENGINEER OF WORK AND AUTHORIZING EXECUTION OF AGREEMENT. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None 5. RESOLUTION NO. 2719 - RESOLUTION APPOINTING PERSON TO PREPARE SPECIAL ASSESSMENT PROCEEDINGS AND AUTHORIZING EXECUTION OF AGREEMENT. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None 6. RESOLUTION NO. 2720 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS FOR THE CONSTRUCTION AND ACQUISTTi0N OF IMPROVEMENTS IN ROSS STREET TERRACE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AND SETTING TIME AND PLACE OF HEARING FOR DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR THE CONSTRUCTION AND ACQUISITION OF SAID IMPROVEMENTS. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None 7. RESOLUTION NO. 2721 - RESOLUTION OF INTENTION IN THE MATTER OF THE CONSTRUCTION AND THE AC- QUISITION OF CERTAIN IMPROVEMENTS AND RIGHTS-OF-WAY IN ROSS STREET TERRACE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, STATE OF CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ANTI -DIGIT DIALING - File 103 Hiram Johnson III addressed the Council regarding the digit dialing, stating that it was un- necessary and was compelling the public to use the digit dialing, and asked the City to be a participant in the complaint to the Utilities Commission. The motion of Councilman Baar to join the complaint died for the lack of a second. RE: FINAL MAP - TOYON ESTATES - File 5-1-120 City Engineer, Dominic Selmi presented the final map of Toyon Estates. RESOLUTION NO. 2722 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "TOYON ESTATES" Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None r Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 765 - ADOPTED - REZONING PTN. BAYO VISTA TERRACE - File 10-1' CHARTER ORDINANCE NO. 765 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from an R-1 (Single Family Residential) District to an R-2 (Duplex Residential) District & R -3-G (Garden Apartment) District, and numbering Charter Ordinance No. 765 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar and Mayor McInnis Noes: Councilmen: Jensen and Menary Absent: Councilmen: None RE: ENCROACHMENT PERMIT - JAMES VAN DYNE - File 2-11 On motion of Councilman Jensen, seconded by Councilman Menary, encroachment permit No. 51 for construction of a car deck at 50 Wood Street was granted. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: TREATMENT AND PUMPING PLANT MARIN BAY - File 12-7 On motion of Councilman Jensen, seconded by Councilman Baar, the Mayor and City Clerk were authorized to sign a Grant Deed conveying the treatment and pumping plant facilities at Marin Bay to San Rafael Sanitation District of Marin County, being a parcel of land located on the southerly line of the County road leading to Santa Venetia and lot 28 as shown on the map en- titled "Map of Marin Bay Unit One." RE: GRANT DEED TO LATIPAC PERINI COMPANY - File 2-12 On motion of Councilman Baar, seconded by Councilman Aby, the Mayor and City Clerk were authorized to sign a deed conveying to Latipac Perini Company a sewer pipe line easement which will not be used. RE: BUS SHELTER - File 9-5-T Request of Terra Linda Community Service District to maintain a bus shelter on Highway 101 was denied. The City does not maintain shelters anywhere in the City. RE: TRAFFIC SIGNALS - LAS GALLINAS & FREITAS PARKWAY - Fie 11-10 The Public Works Department report was presented by Supervisor of Public Works Norris M. Rawles which recommended that traffic signals not be installed at subject intersection and it was so ordered. RE: ART COLLECTION FOR NEW CITY HALL --File 12-2 On motion of Councilman Jensen, seconded by Councilman Menary, the collection of water colors by Miss Betty Guy which was offered by Mr. Al Shell for the new City Hall was accepted with appreciation. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: EMPLOYEES BLANKET BOND - File 8-14 Finance Officer, W. L. Morgan was authorized to transfer from unappropriated surplus to bud- get Account 25-370, $903.63 for the public employees blanket bond from 12-01-62 to 12-12-65. RE: CLAIM FOR DAMAGES - File 3-1 Claim of Mrs. Olive M. Howe for damages to sewer in the amount of $14.95 was granted. Claim of William J. Ranney for damages to his 1962 Corvair by Meter Maid's vehicle was granted to the lowest bidder, DeLong Chevrolet in the amount of $76.43. Claim of Ralph Mayher of 111 Solano Street for damages in the amount of $37.50 for damages caused by City tree roots was referred to the Public Works Department. RE: STATE EMPLOYEES' RETIREMENT SYSTEM - File '*O x 7-1-6 On motion of Councilman Aby, seconded by Councilman Baar, the Mayor and City Clerk were authorized to sign an agreement with Coates, Herfurth, and England for Actuarial valuation in connection with the State Employees' Retirement System. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: APPEAL DECISION OF PLANNING COMMISSION - TED GIBS014 - File 10-6 Mr. Ted Gibson appealed the decision of the Planning Commission in his request for the approval of the division of his real property into two parcels, approximately 7.5 acres and 13 acres. Hearing set for January 7th, 1963. RE: NEW CITY HALL FINANCING - File 12-2 The Council discussed the purchase of the City Hall site and authorized the City Manager, Dan Andersen to continue negotiations. 3 RE: CONDEMNATION PROCEEDINGS - 2 West End Avenue - File 3-6 On motion of Councilman Aby, seconded by Councilman Menary, the City Attorney, A. E. Bagshaw: was directed to file condemnation proceedings on the parcel of land designated as 2 West End Avenue. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None SEE PAGE 281 ---------RESOLUTION NO. 2723 RE: SMALL BOATS AND HARBOR - File 9-1 Councilman Jensen was appointed by Mayor McInnis as the City's representative on small boats and harbor committee of the Marin Visitors Bureau. RE: CORRESPONDENCE File 102 - Letter of Bay Area Governments to the Council thanking the City for Patrick Hetherton's assistance on the regional planning committee. RE: PERSONNEL File 7-5 On motion of Councilman Aby, seconded by Councilman Menary, Alvin E. Engen was hired as a Fireman to replace George E. Canessa as of January 1, 1963. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated December 17th, 1962, and now on file in the Clerk's office to which reference is hereby made for further particulars: GENERAL FUND SPECIAL PROGRAMS RECREATION FD. PARKS FUND EQUIPMENT & REPLACEMENT FUND STORES ACCOUNT FUND PARKING DISTRICT NO. 1 MARIN BAY IMPROVEMENT DIST. NO. 2 LOCH LOMOND HIGHLANDS ASSESSMENT DISTRICT GAS TAX FUND CAPITAL IMPROVEMENT FUND GENERAL FUND Council adjourned. $ 17,114.65 93.80 93.32 48.39 22.80 103.91 34,245.97 1,986.75 13,963.45 4,231.26 $ 71,904.30 $ 91.38 W. L. MORGAN;'/City Clerk I_ W. C. CORNWELL, Deputy City Clerk Approved this day of 19 MAYOR OF THE CITY OF SAN RAFAEL -'-'-'-'-"*RESOLUTION NO. 2723 - RESOLUTION FINDING AND DETERMINING THAT PUBLIC INTEREST AND NECESSITY RE- QUIRES THE CONSTRUCTION OF AN EXTENSION OF THIRD STREET WESTERLY FROM E STREET TO SECOND STREET, IN SAN RAFAE�, AND THAT THE ACQUISITION OF THE PROPERTY HEREIN DESCRIBED IS NECESSARY THEREFOR. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - USE PERMIT NO. 1017 - JOANNE WING - File 10-5 Public hearing was declared opened. City Planner, James Garrett briefed the Council on the reasons of the action of the Planning Commission. Mrs. Wing spoke on her behalf, and presented arguments why the permit should be issued. Hearing was declared closed. No action. —7 7 RE; TERRA LINDA VALLEY UNIT TWO - File 5 -2 -34 - Request to remove one (11) foot non -access strip. On motion of Councilman Jensen, seconded by Councilman Menary, the one (11) non -access strip at the end of Ayala Court in Terra Linda Valley Unit Two was removed for access to lots 1,2,3, & 4, as shown on the record of survey map of lands adjacent to said Court. RE: REQUEST FOR DID POLICE OFFICERS TO ATTEND JUVENILE OFFICERS'CONVENTION - File 9-3-30 On motion of Councilman Menary, seconded by Councilman Jensen, Sergeant Louis Foster and Deputy Chief Joseph Brusatori were given permission to attend the Norther California Juvenile Officers' Convention, Sacramento on March 20th to 23rd, and authorized the advancement of ex- pense monies. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: THE NEW CITY HALL SITE - File 12-2 On motion of Councilman Jensen, seconded by Councilman Aby, the City Attorney was authorize< to dismiss condemnation proceedings against the Howard property which has been conveyed to the to the City. Ayes: Councilmn: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BELLAM BOULEVARD EXTENSION - File 3-6 On motion of Councilman Aby, seconded by Councilman Menary, the Council requested City Attorney to file condemnation proceedings on the properties of 1,1erz and Coffland which are needed for the extension of said street. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2768 - RESOLUTION FINDING AND DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE THE MAKING OF CERTAIN PUBLIC IMPROVEMENTS AND THE ACQUISITION OF CERTAIN PROPERTY THEREFOR, AND DIRECTING THE CITY ATTORNEY OF THE CITY OF SAN RAFAEL TO INSTITUTE CONDEMNATION PROCEEDINGS. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT FOR COMPLETION OF IMPROVEMENTS - PALOMA AVENUE - File 4-10-25 On motion of Councilman Baar, and seconded by Councilman Aby, the Mayor and City Clerk were authorized to sign an agreement for the completion of certain improvement work on Paloma Avenue upon the approval by the City Attorney. RE: CHARTER ORDINANCE NO. 771 - FINAL ADOPTION TERRA LINDA NO. 9 - File 5-2-31 CHARTER ORDINANCE NO. 771 - An ordinance of the City of San Rafael approving the annexation to the City of San Rafael of certain inhabited territory designated as ''Terra Linda No. 911, and numbering Charter Ordinance No. 771 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 772 - FINAL ADOPTION - File 10-5 CHARTER ORDINANCE NO. 772 - An ordinance amending Ordinance No. 768 of the City of San Rafael en- titled ''An ordinance amending the zoning map of the City of San Rafael, California, adopted by re- ference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from an R-2 (Duplex Residential) District to an R-3 (Multiple Family Residen District, and numbering Charter Ordinance No. 772 was passed and adopted as an ordinance of the Cil of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Counc i lyre n: None Absent: Councilmen: None RE: PARK SITES TERRA LINDA AREA - File 12-5 Recreation and Park Director Joseph Rodota addressed the Council, and presented a map showi' three areas in the Terra Linda area which are recommended by the Park and Recreation Commission be obtained for park sites. Two of the parcels being in the Freitas Annexation and one parcel in the Nunes Annexation. Ke 3y e. On motion of Councilman Menary, seconded by Councilman Aby, the Parl: and Recreation Commission were authorized to obtain.an appraisal on the parcel located in the Nunes Annexation. RE: TRANSFER OF FUNDS - RECREATION DEPARTMENT - File 8-14 Council authorized the transfer of $150.00 from Budget Account No. 65-100 to 65-210. RE: TEMPORARY CITY HALL FACILITIES-- File 12-2 City Manager, Dan Andersen, reported on the various buildings available for temporary City .—� Hall quarters. The Council requested that he confer with the San Rafael School District as to when they desired the City to vacate the basement of the ''E" Street School. Mr. Brown of the Independent Journal addressed the Council and submitted a request to purchase either all or a portion of the present City Hall site and presented a plan for the use of the property by the City for the Council's consideration. RE: FINANCING CONSULTANTS PARKING AND GENERAL IMPROVEMENT PROGRAM - File 6-4 x 12-2 f— On motion of Councilman Jensen, seconded by Councilman Aby, the Mayor and City Clerk were authorized to sign a contract with Stone and Youngberg, Municipal Financing Consultants (1) for a study of the financing of certain administrative buildings, a firehouse and certain street improvements (2) a study into the financing of additional public off-street parking facilities in the City's commercial area. Each study to cost the maximum of $2,500.00. RE: ARCHITECTS FOR NEW CITY BALL File 12-2 The Council discussed certain points ofthe contract which has been submitted by the architec s for the design of the new City Hall Facilities. City Manager, Dan Andersen was instructed to confer with the architects on certain aspects of the contract as submitted, and to report the results of the discussions. RE: ENCROACHMENT PERMIT NO. 58 - GEORGE A. HALL - 338 PALOMA AVENUE - File 2-11 On motion of Councilman Aby, and seconded by Councilman Baar, encroachment Permit No. 58 was granted to George A. Hall which would allow him to grade and pave a triangular section of Paloma Avenue at his own cost. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: MARIN BAY TREATMENT PLANT - File 6-7 Supervisor of Public Works, Norris Rawles reported a claim of $14,146.75 being a retention payment due W. R. Crail on their contract for the Marin Bay Treatment Plant. Mayor McInnis re- lated facts pertaining to why this had not been paid from surplus of Marin Bay Assessment District No. 1. RESOLUTION NO. 2769 - RESOLUTION RELATIVE TO MARIN BAY ASSESSMENT DISTRICT NO. ONE, DIRECTING PAYMENT OF CONTRACT PRICE RETAINED AND REPAYMENT FROM ANTICIPATED FUTURE SURPLUS OF MONIES ADVANCED. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PARKING CURTIS AVENUE CUL-DE-SAC - File 100 Letter from Howard Morehouse, attorney representing Mr. and Mrs. Russell Bjorn was read which requested the westerly end of Curtis Avenue cul-de-sac be painted red. Mr. Albert Kelly and Mr. Robert Coman requested that the traffic pattern remain the same. Mayor McInnis suggested that the people effected continue to try and solve the problem by neighborhood cooperation. No action taken by the Council. RE: PARKING IN SAN RAFAEL - File 100 Letter of Mr. Raymond J. Smith criticizing the blocking spaces for bus stops was read and noted. RE: PERSONNEL - File 7-5 I Council authorized the employment of David Jones in the Police Department at $500.00 per month effective March 15th, 1963. The Council authorized a request of Jerome Parke for a three months leave of absence effective March 19th. The Council! authorized Supervisor of Public Works, Norris Rawles to attend the Public Works Officers Institute at Salinas May 5th to 7th. Building Inspector, Andrew Thomas requested authorization to hire another Assistant Building Inspector and appropriate Budget Account 32-100 to cover for wages of same. The matter was re- ferred to City Manager, Dan Andersen for study. 306 A letter from Mr. Giempoli's attorney having been distributed to the Council for study was discussed and was i-'eferred'to City Attorney, A. E. Bagshaw for evaluation and recommendation. RE: RESOLUTION ACCEPTING REAL PROPERTY PORTION CIJOS PARKING LOT - File 2-1-21 RESOLUTION NO. 2766 - RESOLUTION ACCEPTING GRANT DEED. (John Manzone, Frank Healion, Geo. Kaenel, Don E. Corey and W. C. Sullivan) Ayes; Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM OF REED R. ALLEN - File 3-1 Claim for damages caused by striking an open unmarked manhold at Park and Belle on January 30th, 1963 was referred to the City Attorney. 3 RE: PARKING METER SURVEY - FAUSTMAN = File 4--�-23 The Council authoirized the appropriation of $2,500.00 to Budget Account 50-270 for payment of contract for Parking Meter Survey to Faustman. RE: NEW CITY HALL SITE - File 12-2 The City Council directed the City Manager, Dan Andersen to prepare an unlawful detainer action against John Gallagher delinquent tenant on property of the City purchased for the new City Hall site. RE: POLICE STANDARDS AND TRAINING - File 102 A plaque entitled "Certificate of Adherence" was awarded to the City of San Rafael by the Commission on Peace Officer Standards and Training and was accepted by Mayor John F. McInnis. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated March 18th, 1963, and now on file in the Clerk's Office to which reference is hereby made for further particulars: GENERAL FUND $ 17,265.83 I 3 PARKS FUND 598.14 SPECIAL RECREATION FUND 327.00 ! EQUIPMENT & REPLACEMENT FUND 1,936.73 STORES ACCOUNT FUND 105.27 i PARKING DISTRICT FUND 92.70 CAPITAL IMPROVEMENT FUND 1,230.26 WHITE OAKS UNIT NO. 2 5,448.62 MARIN BAY IMPROVEMENT DIST. NO. 1 14,146.75. MARIN BAY IMPROVEMENT DIST. NO. 2 64,656.76 OAK WOODLANDS UNIT 2 5,436.60 LOCH LOMOND HIGHLANDS UNIT 1 16,537.42 CHULA VISTA ASSESSMENT DISTRICT 26.50 $ 127,808.58 Council adjourned to 12:00 o'clock P. M. on Tuesday, March 19th, 1963. W. C. CORNWELL, Deputy City Clerk Approved this day of 19 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Tuesday, March 19th, 1963 at 12:00 o'clock P. M. Council Met Pursuant to Adjournment and Law: Present: Charles W. Aby, Acting Mayor Louis H. Baar, Councilman Fred E. Jensen, Councilman Absent: John F. McInnis, Mayor David Menary, Councilman RE: GENERAL MUNICIPAL ELECTION TO BE HELD APRIL 8th, 1963 - File 9-4 Pursuant to provisions of tie Charter, the City Clerk presented a certified list of can- didates nominated and offices to be filled at the General Municipal Election, to be held on Monday, April 8th, 1963. RESOLUTION NO. 2767 - GENERAL MUNICIPAL ELECTION PROCLAMATION ELECTION PROCLAMATION CALLING, PROVIDING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION IN THE CITY OF SAN RAFAEL, FORTHE PURPOSE OF ELECTING CER- TAIN MUNICIPAL OFFICERS, AND OF A GENERAL ELECTION IN SAN RAFAEL SCHOOL DISTRICT AND SAN RAFAEL HIGH SCHOOL DISTRICT FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARD OF EDUCATION, ON MONDAY, APRIL 8TH, 1963. Ayes: Councilmen: Aby, Baar, and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis and Menary Council adjourned. 'GJ. L.- MORGAN, CT t lark Approved this / 5 �G day of MAYOR OF THE CITY OF SAN RAFAEL I94q In the Council Chambers of the City of San Rafael, Monday, April 1st, 1963 at 8:00 o'clock P.M. Regular Meeting: Present: John F. McInnis, Mayor Charles l4. ;by, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman RE: APPROVAL OF MINUTES On motion of Councilman Jensen, seconded by Councilman Menary, the minutes of March 18th and March 19th, 1963, a true and correct copy thereof having been heretofore submitted in writing to each member, were approved. — RE: NEW CITY HALL - File 12-2 Mr. Carl F. Gromme, Architect addressed the Council and inquired if they had the opportunity to review the contract as submitted by the group for the design of the new City Hall. Mr. Eugene Crawford, also spoke on certain phases of the contract, and both Mr. Gromme and Mr. Craw- ford answered questions asked by members of the Council. City Manager, Dan Andersen was directed to arrange a meeting with a representative of Ebasco, the group of architects, and the Council to discuss phases of the contract and design of the new, facilities. j RE: THti-'D AND GRAND STORM DRAIN - File 4-1-93 City Engineer, Dominic Selmi presented plans and specifications and call for bids for storm drain, Third Street and Grand Avenue Project No. 44. RESOLUTION NO. 2770 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR THIRD STREET AND GRAND AVENUE STORM DRAIN - PROJECT 44. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: $RET HARTE ASSESSMENT DISTRICT - File 6-11 Mr. Geister addressed the Council and requested that the monies being spent at Third and Grand Street by priority be spent on the construction of a levee to control the high waters of Mahon Creek. The Council discussed with Mr. Geister and Mr. Carl Rickard and City Engineer, Dominic Selmi, the existing conditions of the pumps and the drainage system in Bret Harte area. Supervisor of Public Works, Norris Rawles submitted a report on the condition of the existing pumps and their efficiency. The Council unanimously agreed that the vote on Resolution No. 2770 would stand as per record. RE: SANITARY SEWER PUMP STATION - MARIN BAY 2-A - File 2-7 Supervisor of Public Works, Norris Rawles presented a grant deed from the City of San Rafael to San Rafael Sanitation District, being the site of a pump station located on Lot No. 94 of Map of Marin Bay Unit 2-A. On motion of Councilman Menary, seconded by Councilman Jensen, the Mayor and City Clerk were authorized to sign the above deed. RE: WHITE OAKS SUBDIVISION ENTRANCE - File 2-2 Supervisor of Public Works, Norris Rawles presented a deed from White Oaks Company to the City of San Rafael for Lot 11, in Block 1, Map of Rafael Highlands Unit 1. The aforesaid lot being for roadway purposes. RESOLUTION NO. 2771 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY - ENTRANCE TO WHITE OAKS SUB- DIVISION. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None ,J RE: MADRONA SUBDIVISION FINAL MAP - File 5-1-129 The final map of Madrona Subdivision was presented by City Engineer, Dominic Selmi with agreement for completion of improvement work and cash bond for $8,000.00. RESOLUTION NO.2772 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "MADRONA SUBDIVISION" I Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: GLENWOOD UNIT 6 - File 4-10- a, City Engineer, Dominic Selmi presented and agreement and bond and improvement plans for Briarwood Drive adjacent to lots 15 and 16 of the proposed map of Glenwood Unit 6. On motion of Councilman Jensen, seconded by Councilman Menary, the Mayor and City Clerk were authorized to sign the above agreement with the K. T. Construction Company. RE: TERRA LINDA IJO, 19 - File 5-1-130 City Engineer, Dominic Selmi presented the final map of Terra Linda Unit 19 with an agreement for completion of improvement work; together with a faithful performance bond. RESOLUTION NO. 2773 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED ''TERRA LINDA UNIT 19'' Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: LEASE - RICHFIELD OIL COMPANY - File 2-8-2 City Manager, Dan Andersen presented an agreement for the extension of the lease of the Richfield Oil Company on a portion of Francisco Blvd. property. RESOLUTION NO. 2774 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilwen:None Absent: Counc i ]Faun: None RE: APPEAL THE ACTION OF PLANNING COMMISSION - LOUISE V. WALSH - File 10-5 An appeal from the action and decision of the San Rafael City Planning Commission was pre- sented. Public hearing was set for April 15th. RE: SUPPLEMENTAL APPLICATION FOR TRANSFER OF LIQUOR LICENSE - File 9-10 RESOLUTION NO. 2776 - RESOLUTION WAIVING THE STATUTORY PERIOD OF THIRTY (30) DAYS OF THE SUPPLEMENTAL APPLICATION FOR TRANSFER OF ON -SALE GENERAL LIQUOR LICENSE. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: REQUEST OF MONTECITO MERCHANTS ASSOCIATION FOR CARNIVAL - File 9-10 Mr. Steven W. Bauer, President of the Montecito Merchants Association Inc, requested per- mission to hold its Third Annual Carnival and Sale on June 20th, 1963. On motion of Councilman Jensen, seconded by Councilman Menary, the Council granted permission to hold same. Ayes: Councilmen: Aby, Baar, Jensen and Menary Noes: Councilmen: Mayor McInnis P,bsent: Councilmen: None RE: CHULA VISTA ASSESSMENT DISTRICT - File 6-13 City Manager, Dan Andersen was authorized to expend up to $500.00 for the services of a right-of-way agent to obtain sanitary sewer and slope easements in the Chula Vista Assessment District. RE: SHELL OIL COMPANY LEASE - SOUTHEAST CORNER OF SECOND AND LINCOLN_- File 2=8-12 RESOLUTION NO. 2775 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: ,done RE: PERSONNEL City ,Manager, Dan Andersen reported that the hiring of an additional Building Inspector would; be postponed until budget hearings. -File 9-3-32 Request of Chz(irman of the Planning Commission Pat Netherton to attend convention. No action. Mr. Giampoli addressed the Council and requested that they come to a decision on the matter of his dismissal from the Police force. The written statement of Chief of Police, Charles Chiesa: and a written statement of Nick Giampoli having been submitted to the Council. City Attorney, A. E. Bagshaw advised the Council of his opinion of what the issue of the case was before the Council. The motion was made by Councilman Baar, seconded by Council an Jensen, that the Council sit as a Board and review the statements as submitted, and may hold an informal hearing and request Chief Chiesa and Nick Giampoli to appear at said hearing. Ayes: Councilmen: Saar, Jensen and Menary Noes: Councilmen: Aby and Mayor McInnis ,Absent: Councilmen: None u Nick Giampoli requested he be able to submit further facts in support of his case. City Manager, Dan Andersen was directed that upon the receipt of the statement of Mr. Giampoli he poll the Council as to the time and place that would be agreeable to all to sit as the Board of review. - File 7-6 All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated April 1st, 1963, and now on file in the Clerk's Office to whit reference is hereby made for further particulars: GENERAL FUND CAPITAL IMPROVEMENT FUND GAS TAX FUND PARKS FUND RETIREMENT SYSTEM FUND EQUIIPMENT & REPLACEMENT FUND STORES ACCOUNT WHITE OAKS ASSESSMENT DISTRICT OAK WOODLAND UNIT TWO MARIN BAY UNIT TWO LOCH LOMOND HIGHLANDS ASSESSMENT SPECIAL RECREATION PROGRAMS FUND Council adjourned to Monday, April 15th, 1963. $ 18,928.31 3,193.47 3,815.10 293.07 7,798.24 871.15 50.54 5,000.00 2,000.00 5,000.00 1,000.00 346.40 $ 48,296.28 U. C. C;dRNWELL, Deputy G\ity Clerk Approved this day of MAYOR OF THE CITY OF SAN RAFAEL 19 II; In the Council Chambers ofthe City of San Rafael, Friday, April 12th, 1963 at 11:00 o'clock P. M. Council Met Pursuant to Law for Purpose of Canvass of vote at General Municipal Election held April 8th, 1963. Present: John F. McInnis, Mayor :Ghar-jes 4. Louis H. Baar, Councilman Fred E. Jensen, Councilman Absent: Cha nes W. Aby, Councilman Mayor McInnis called the Council to order and proceeded to canvass the election returns for the General Municipal Election held Monday, April 8th, 1963. RESOLUTION NO. 2777 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL DECLARING CANVASS OF RETURNS AND RESULTS OF GENERAL MUNICIPAL ELECTION HELD ON APRIL 8th, 1963. WHEREAS, in pursuance of law and the Charter of the City of San Rafael, the Council of the City of San Rafael duly called and ordered held in said City and in San Rafael School District and in San Rafael High School District on Monday, the 8th day of April, 1963, a General Municipal Election to elect Municipal Officers and Members of the Board of Education, at which election the offices to be filled and the candidates for such offices as set forth in the certified list of the City Clerk as required by law were as follows: FOR MAYOR: (One to be elected for full term of 2 years) JOHN F. McINNIS FOR COUNCILMEN: (Two to be elected for full term of 4 years each) CHARLES W. ABY FRED E. JENSEN LOTHAR SALIN FOR MEMBERS OF BOARD OF EDUCATION: (Three to be elected for full term of 4 years each) CAESAR PAUL BETTINI CARL J. BROWN WALTER J. DOLL FRANK M. PARKER EDYTHE B. TAIT D. GWYNN THOMSON PAUL J. WATA L. E. WEISENBURG, JR. FOR CITY CLERK: (One to be elected for full term of 4 years) W. L. (LYNN) MORGAN FOR CITY TREASURER AND LICENSE COLLECTOR: (One to be elected for full term of 4 years) A. J. (ANGIE) SOLDAVINI FOR CHIEF OF POLICE: (One to be elected for full term of 4 years) CHARLES J. CHIESA NICK GIAMPOLI VERNON D. THOMAS, JR. FOR CITY ATTORNEY: (One to be elected for full term of 4 years) JOHN G. BURESH DAVID MENARY, JR. WHEREAS, said General Municipal Election was held on Monday, April 8th, 1963, in accordance with law and the proceedings of sakd Council and the vores thereat received and canvassed, and the returns thereof ascertained, determined and declared in all respects as required by law; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael as follows: 1. That the City Clerk of the City of San Rafael be, and is hereby, instructed to enter this resolution on the minutes of the Council as a statement of the results of said election. 2. That the whole number of votes cast at said election was 8014 votes. That -a- ballots were spoiled and not counted. (a) That the total number of votes cast for municipal offices at said election in said City was 5480. (b) That the total number of votes cast outside the city limits of said City in said School Districts was 2561. 3. That the names of the persons voted for and the respective offices to be filled, for which ballots were cast, and the number of votes given in each precinct and by absentee voters to each of sa4d persons was as follows: CANDIDATES San Rafael City City Precinct Mayor Councilmen Clerk Treasurer Total Ballot Nos. McInnis Aby Jensen Salin Morgan Soldavini 1 208 164 138 133 210 207 243 2 168 139 125 79 172 174 200 3 197 178 131 102 195 186 220 4 201 186 140 88 202 205 225 5 129 108 116 65 128 128 165 6 128 107 101 58 123 124 149 7 153 126 129 72 152 153 185 8 96 80 83 36 95 95 106 9 112 87 67 63 105 101 120 10 134 109 112 61 139 140 140 11 155 142 124 70 157 153 187 12 215 156 197 104 210 221 259 13 165 127 107 89 163 169 188 14 180 163 143 98 178 187 235 15 150 123 129 82 155 158 183 16 181 152 123 110 187 192 192 17 86 68 76 55 100 98 107 18 147 119 109 63 144 143 161 19 139 123 116 61 137 137 164 20 187 169 177 85 195 206 247 21 188 172 144 61 182 182 203 22 195 182 143 91 193 195 231 23 171 144 136 87 160 178 215 24 107 86 69 55 101 99 127 25 89 66 62 55 81 85 107 26 185 156 118 103 181 180 206 27 173 111 137 107 168 171 190 28 143 105 122 76 141 140 174 29 86 82 65 39 90 85 108 30 215 155 185 95 215 212 243 ABSENTEE 98 81 70 48 98 100 132 TOTALS 4,781 3,966 3,694 2,391 4,757 4,804 San Rafael CANDIDATES Precinct CHIEF OF POLICE CITY ATTORNEY Nos. CHIESA GIAMPOLI THOMAS BURESH MENARY TOTAL BALLOT 1 187 42 13 122 109 243 2 178 14 6 91 103 200 3 181 23 14 99 116 220 4 293 29 3 94 130 225 5 128 30 3 83 74 165 6 128 15 4 68 72 149 7 150 23 8 90 85 185 8 84 18 4 48 54 106 9 107 11 1 50 68 120 10 129 20 4 74 77 140 11 158 22 6 84 95 187 12 202 39 16 135 118 259 13 162 17 6 77 103 369 14 174 40 20 104 115 235 15 140 38 3 73 106 183 16 182 27 4 98 115 192 17 84 19 2 47 61 107 18 118 36 7 76 81 161 19 137 18 8 71 87 164 20 198 33 11 108 131 247 21 156 36 7 124 74 203 22 197 19 11 109 113 231 23 180 21 10 90 113 215 24 77 42 6 71 50 127 25 91 12 2 38 67 107 26 175 19 4 72 126 206 27 136 43 5 40 148 190 28 114 39 15 77 82 174 29 84 18 4 48 57 108 30 197 29 11 111 119 243 ABSENTEE 90 14 4 28 76 132 TOTALS 4,518 806 222 2,500 2,925 CANDIDATES San Rafael MEMBERS -- BOARD OF EDUCATION Precinct Nos. BETTINI BROWN DOLL PARKER TAIT THOMPSON WATA WEISENBURG TOTAL BALLOT 1 147 125 79 53 80 82 44 41 243 2 144 84 62 42 62 50 40 33 200 3 140 131 83 52 79 62 38 28 220 4 150 91 96 82 63 62 31 38 225 5 113 78 51 45 44 47 34 11 165 6 96 59 62 49 36 42 21 22 149 7 121 102 46 31 51 43 51 24 185 8 74 52 42 31 25 24 19 15 106 9 80 39 43 41 50 32 26 22 120 10 110 72 38 37 50 37 34 33 140 11 138 87 61 29 46 30 32 29 187' 12 178 129 63 70 68 67 42 32 259 13 142 95 69 47 47 43 38 25 188' 14 171 115 53 43 68 65 37 40 235 15 136 75 69 56 49 25 34 42 183 16 126 91 102 99 60 41 28 41 192 17 67 50 45 31 32 20 17 19 107 18 122 71 45 28 53 30 25 32 161 19 1o6 78 42 35 47 44 34 32 164 20 148 104 62 49 110 67 38 45 247 21. 136 lo6 70 49 87 38 23 29 203 22 162 112 66 53 89 53 39 53 231 23 144 116 61 41 62 67 47 37 215 24 75 47 35 21 32 35 25 45 127 25 =0 41 25 21 35 32 19 34 107 26 134 48 70 71 117 58 14 47 206 27 93 55 88 70 83 81 23 38 190 28 80 61 78 62 69 59 40 30 174 29 67 62 27 25 39 18 11 108 30 125 80 102 96 74 115 54 37 243 Outside San Rafael Precincts Nos. 31 104 65 132 114 64 58 21 22 208 32 120 83 133 157 58 74 37 34 249 33 103 57 136 144 60 58 51 17 223 34 119 60 225 132 98 137 49 32 310 35 87 60 2o6 160 87 123 38 22 284 36 10o 53 177 119 88 198 55 38 298 37 81 56 255 178 74 206 28 13 337 38 114 45 74 71 76 67 17 45 187 39 30 23 34 38 14 9 12 6 58 4o 65 37 138 125 56 78 17 21 189 41 16 12 6 8 7 7 9 -- 24 42 26 20 9 8 15 7 13 5 35 ABSENTEE 90 54 50 47 44 30 20 18 132 TOTALS 4,640 w 3,081 3,410 2,760 2,548 2,523 1,332_ 1_,238 ,. _ _ 8.146 _ 4. That at said general municipal election the following named persos received the largest number of votes for the following offices, respectively, and were, therefore, duly elected to the respective office for which they were respectively candidates, and each of said persons having re- ceived the largest number of votes cast for any person for such office is hereby declared to be duly and regularly elected to such office, respectively for the term commencing April 15th, 1963, and the City Clerk is hereby directed to issue a Certificate of Election to each of said persons, certifying his election to the office appearing after his name, and to administer to each of said persons the oath of office prescribed by the Constitution and laws of the State of California and the Charter of said City, to -wit: John F. McInnis Charles W. Aby F Fred E. Jensen Caesar Paul Bettini Carl J. Brown Walter J. Doll W. L. (Lynn) Morgan A. J. (Angie) Soldavini Charles J. Chiesa David Menary, Jr. Mayor Councilman Councilman Member of Board Member of Board Member of Board City Clerk of Education of Education of Education Treasurer and License Collector Chief of Police City Attorney 5. That all absentee voters' ballots have been duly received and canvassed in time, form and manner as required by law. PASSED AND ADOPTED THIS 12th day of April, 1963 by the following vote, to -wit: Ayes: Councilmen: Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Aby JOHN F. McINNIS, MAYOR OF THE CITY OF SAN RAFAEL Attest: ($EAL) City Clerk of the City of San Rafael, California Council adjourned. W. L. MORGAN, City Clerk Approved this day of 19 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, April 15th, 1963 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman David Menary, Jr., Councilman On motion of Councilman Jensen, seconded by Councilman Baar, the minutes of April 1st, 1963, a true and correct copy thereof having been heretofore submitted in writint to each member, were approved. RE: COMMENDATION FOR A. E. BAGSHAW - File 102 RESOLUTION NO. 2778 - RESOLUTION OF COMMENDATION FOR ALBERT E. BAGSHAW. Ayes: Councilmen: Aby, Baar, Jensen, Menary and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: OATH OF OFFICE TO ELECTED OFFICIALS ELECTED AT THE GENERAL MUNICIPAL ELECTION APRIL 8th, 1963 - File 9-4 Mayor John F. McInnis administered the oath of office to City Clerk W. L. Morgan who then administered the oath of office to the Members of the Board of Education. Caesar Paul Bettini Carl J. Brown Walter J. Doll The resignation of Councilman David Menary, Jr., was received and on motion of Councilman Baar, seconded by Councilman Jensen, was accepted. City Clerk, W. L. Morgan administered the oath of office to the following officers: John F. McInnis Mayor Chards W. Aby Councilman Fred E. Jensen Councilman A.J. (Angie) Soldavini City Treasurer & License Collector Charles J. Chiesa Chief of Police David Menary, Jr. City Attorney RE: PROJECT 44 THIRD STREET, GRAND AVENUE STORM DRAIN - File 4-1-93 The following bids were received, opened and read: Base Bid Additive A Additive B Grand Total J. F. Wise Const. Company, 280 Hegenberger Rd.Oakland 46,616.50 11304.00 11,264.50 69,185.00 McGuire & Hester, 796 -66th Ave.,Oakland Kirkwood-Bly Inc., P.O. Bx. 1625, Santa Rosa Piombo Bros., 2155 Francisco Blvd. Lee Mac Paving Company, Inc. 39,141.00 9,159.00 9,690.45 57,990.45 44,447.00 10,610.00 12,235.00 67,292.00 38,982.80 9,748.00 9,600.85 58,331.65 40,729.30 10,154.20 6,797.85 57,661.35 The above bids were referred to the Public Works Department for checking and recommendation. RE: PUBLIC HEARING - USE PERMIT NO. 1031 and No. 1032 - LOUISE WALSH - File 10-5 Public hearing was opened. City Planner, James Garrett briefed the Council on the reasons for the decision of the Planning Commission. Mr. Fred Robbins, attorney representing Mrs. Louise Walsh presented arguments in favor of the granting of the permits. Hearing closed. On motion of Councilman Aby, seconded by Councilman Baar, the matter was referred back to the Planning Commission. Ayes: Councilmen: Aby, Baar, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BRET HARTE ASSESSMENT DISTRICT-- File 6-11 Continued public hearing was declared opened. Mr. and Mrs. Tyrrell, Warren McGuire, Mr. Geister, Orlando Conti and Ray Swanson discussed with the Council phases of the district. RESOLUTION NO. 2779 - RESOLUTION CONTINUING THE PUBLIC HEARING,CONSIDERATION OF THE ENGINEER'S REPORT AND ASSESSMENT IN BRET HARTE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Aby, Baar, Jensen sand Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: VACANCY ON CITY COUNCIL - File 9-1 Mr. Richard Cuthbert addressed the Council and presented approximately 500 signatures regest- ing that Walter E. Zurcher be appointed to fill the vacancy on the Council created by the resignation of David Menary, Jr. RE: BUS SERVICE - File 9-9 Mr. Tyrrell addressed the Council and requested that the parking meters which were removed to create a loading zone for the bus system in downtown San Rafael be replaced, and the traffic pattern of the bus be changed to use those of the Greyhound Bus System now existing. No action RE: PROJECT 45 - THIRD STREET IMPROVEMENT - easterly - File 4-1-90 On motion of Councilman Jensen, seconded by Councilman Aby, the completion date was extended to May 31, 1963. RE: FINAL MAP - GLENWOOD UNIT NO. 5 --File 5-1-131 City Engineer, Dominic Selmi presented the final map of Glenwood Unit No. 5. RESOLUTION NO. 2780 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "GLENWOOD NO. 5" Ayes: Councilmen: Aby, Baar, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: MARIAN COURT - RELEASE OF BOND - File 5-1-117 On motion of Councilman Jensen, seconded by Councilman Baar, the City Treasurer was authorized to release to Kerner-Bellam Realty Company $11,383.20 of the cash bond of $12,648.00 which was deposited for the faithful performance of the improvement work of the above subdivision. RE: PARKING LOT LOOTENS PLACE AND THIRD STREET - File 12-14 x 119 Letter of the San Rafael Chamber of Commerce requesting that the present loading zone on the north edge of said parking lot which at the present time are reserved from 8:00 A.M. to 12:00 noon be opened to public parking between 8:00 A.M. and 12:00 noon, and merchants be allowed to double park while loading or unloading. The matter was referred to the Traffic Committee and the City Attorney for study and recommenda- tion. RE: NEW CITY OFFICES TO CREATE PARKING ON PRESENT CITY HALL SITE - File 12-2 Letter from the San Rafael Chamber of Commerce urging the Council to take steps to move the offices of the City and to immediately raze the existing City Hall to provide public parking. Mr. Fred R. Enemark, President of the Chamber, Richard Cuthbert and Harry Albert addressed the Council in reference to the request. The Council informed them there would be no decision until the survey and report on financing by Stone and Youngberg was received. RE: VACATE "E" STREET SCHOOL - File 2-9' Letter of San Rafael City Schools requesting the City vacate the offices now occupied in the "E" Street School by July 15th, 1963 to enable the school district to use the area. Referred to City Manager and City Attorney. RE: GLENWOOD SCHOOL SEWER CONNECTION FEE - File 12-6 Letter from San Rafael City Schools informing the City Council that the Board of Education decided to charge $100.00 for connecting to the sanitary sewer installed by the San Rafael School District. RE: CLAIM OF REED R. ALLEN - File 3-1 Upon reviewing the opinion of former City Attorney, A.E. Bagshaw, the motion was made by Councilman Jensen, seconded by Councilman Baar, that the claim be denied. Ayes: Counciimen:•Aby, Baar, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None City Attorney, David Menary, Jr., was directed to notify Mr. Allen of the Council's decision. RE: REZONING RACQUET CLUB ESTATES NO. 5 - R-1 to P -C - File 10-3 Public hearing was set for May 6th, 1963. RE: FIRE STATION SITE VICINITY RAILROAD AVENUE - File 12-3 After discussion by the Council the matter was referred to the Fire Commission and City Engineer, Dominic Selmi for study and recommendation. RE: APPEAL OF DECISION OF PLANNING COMMISSION SUBDIVISION PARCELS 11-011-12 and 23 - LEYDECKER-File 10-6 APPEAL OF DECISION OF PLANNING COMMISSION ON ALLOWING A SUB -STANDARD ROAD IN ABOVE 3 LOT SUBDIVISION - CHARLES GRANDI. Public hearing was set for May 6th, 1963. RE: DAMAGED FIRE HYDRANT - File 12-3 City Manager, Dan Andersen reported that the damaged fire hydrant had been repaird and paid for. On motion of Councilman Baar, seconded by Councilman Aby, Fire Chief, Vance Trivett was authorized to sign a release of all claims for said hydrant. RE: BELLAM BOULEVARD EXTENSION - File 2-2 The Supervisor of Public Works, Norris Rawles discussed with the Council the matter of the City's participation in the demolition of buildings and improvement of Bellam Boulevard. RE: MARINE AFFAIRS CONFERENCE - File 120 RESOLUTION NO. 2781 - RESOLUTION ENDORSING MARINE AFFAMS CONFERENCE RECOMMENDATIONS. Ayes: Councilmen: Aby, Baar, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: APPROPRIATION FOR SOIL TEST - UPPER FREMONT STREET - File 11-15 On motion of Councilman Baar, seconded by Councilman Aby, an appropriation of $650.00 was authorized for Account 40-272 for soil tests in that portion of Upper Fremont Street which is failing. RE: CITY COUNCIL - File 9-1 Mayor McInnis requested the members of the Council to consider as a replacement for former Councilman David Menary, Jr., a resident of the Terra Linda area. RE: -PERSONNEL.- File 7-5 On motion of Councilman Jensen, seconded by Councilman Aby, the following were placed on the regular payroll: (a) James F. Mulgrew as Jr. Civil Engineer, Public Works Dept., commencing April 5, 1963 at monthly salary of $565.00. (b) Barxdal Stinson as Dispatcher Clerk, Police Dept., commencing April 15th, 1963 at monthly salary of $390.00. (c) Henry Ingwersen from Dispatcher Clerk to Patrolman, Police Dept., commencing April 15th, 1963 at monthly salary of $500.00. Nick Giampoli dismissal from Police force. This item was erroneously placed on the agenda. File 7-6. Mario Soldavini was granted a leave of absence from May 27th to September 14th inclusive. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated April 15th, 1963, and now on file in the Clerk's office to which reference is hereby made for further particulars: Council adjourned. GENERAL FUND SPECIAL RECREATION PROGRAMS FUND PARKS FUND EQUIPMENT & REPLACEMENT FUND STORES ACCOUNT FUND PARKING DIST. NO. 1 FUND OAK WOODLANDS UNIT TWO CHULA VISTA ASSESS. DIST. MARIN BAY IMPR. DIST.NO. 2 $ 16,126.00 3.64 259.93 698.74 73.53 77.30 8,404.02 222.50 33,342.52 $ 59,208.18 W. C. CORNWELL, Deputy City Clerk Approved this day of R MAYOR OF THE CITY OF SAN RAFAEL y0 In the Council Chambers of theCity of San Rafael, Friday, April 19th, 1963 at 11:45 A. M. Special Meeting: RE: CHULA VISTA ASSESSMENT DISTRICT-- File 6-13 Present: John F.Mclnnis, Mayor Louis H. Baar, Councilman Fred E. Jensen, Councilman Absent: Charles W. Aby, Councilman Mr. Edwin Ness, attorney briefed the Council on existing conditions regarding the obtain- ing of certain easements in the district. Mr. Nolan discussed with the Council his benefit from the improvements. RESOLUTION NO. 2782 - RESOLUTION FINDING THE PUBLIC CONVENIENCE AND NECESSITY FOR THE ACQUISITION OF EASEMENTS AND RIGHTS OF WAY IN AND OVER REAL PROPERTY FOR THE PURPOSE OF THE ESTABLISHMENT, CONSTRUCTION AND MAINTENANCE OF ROADWAY SLOPES FOR STREETS AND HIGHWAYS AND ORDERING CONDEMNATION AND IMMEDIATE TAKING THEREOF. Ayes: Councilmen: Baar, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Aby RESOLUTION NO. 2783 - RESOLUTION FINDING THE PUBLIC CONVENIENCE AND NECESSITY FOR THE ACQUISITION OF EASEMENTS AND RIGHTS OF WAY IN AND OVER REAL PROPERTY FOR THE PURPOSE OF THE ESTABLISHMENT, CONSTRUCTION AND MAINTENANCE OF SANITARY SEWERS AND ORDERING CONDEMNATION AND IMMEDIATE TAKING THEREOF. Ayes: Councilmen: Baar, Jeasen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Aby On motion of Councilman Jensen, seconded by Councilman Baar, the City Clerk was authorized to draw a warrant for the amount stipulated in the condemnation proceedings. RE: THIRD STREET EXTENSION - Easterly - File 2-2 City Manager, Dan Andersen presented a resolution accepting deeds for the widening and improvement of Third Street, easterly (Montecito Shopping Center). RESOLUTION NO. 2784 - RESOLUTION ACCEPTING DEEDS ( Montecito Shopping Center). Ayes: Councilmen: Baar, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Aby RE: EAST SAN RAFAEL ASSESSMENT DISTRICT NO. 2 - File 6-16 The Council discussed the spread of assessment for street improvement and for drainage work in said district. Council adjourned. Approved this W. C. C :LL, Deputy ' day of ty Clerk MAYOR OF THE CITY OF SAN RAFAEL 19 �L , f C_y ;-V In the Council Chambers of the City of San Rafael, Friday, May 3rd, 1963 at 12:00 o'clock P. M. Council met pursuant tothe Notice of Special Meeting, by order of John F. McInnis, Mayor, for the purpose of appointing a Councilman to fill the unexpired term of David Menary, Jr., Councilman who resigned April 15th, 1963 upon being elected City Attorney. Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Fred E. Jensen, Councilman Mayor McInnis opened the meeting by stating that the Council had agreed on the selection of a public minded citizen to fill the existing vacancy and thanked the proposed candidates for offering their services to the City. Members of the Council spoke regarding the candidates proposed to fill the vacancy. The motion was made by Councilman Jensen, seconded by Councilman Aby, that Harry A. Barbier, be appointed to fill the unexpired term of former Councilman David Menary, Jr. Ayes: Councilmen: Aby, Baar, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Council adjourned. W. C. CORNWELL, Deputy City Clerk Approved this day of 19 MAYOR OF THE CITY OF SAN RAFAEL 3�1 In the Council Chambers of the City of San Rafael, Monday, May 6th, 1963 at 8:00 oOclock P. M. Regular Meeting: Present: Charles W. Aby, Acting Mayor Louis H. Baar, Councilman Fred E. Jensen, Councilman Absent: John F. McInnis, Mayor City Clerk, W. L. Morgan administered the oath of office to Harry A. Barbier who was appointed as Councilman to fill the unexpired term of David Menary, Jr., who resigned to become City Attorney. Act- ing Mayor Aby welcomed Mr. Barbier to the Council, and other members of the Council congratulated him on his appointment. cl-+ RE: APPROVAL OF MINUTES On motion of Councilman Jensen, seconded by Councilman Baar, the minutes of April 12th, April 15th, April 19th and May 3rd, 1963, a true and correct copy thereof having been hereto- fore submitted in writing to each member, were approved. RE: PUBLIC HEARING REZONING RACQUET CLUB ESTATES NO. 5 R-1 to P -C - File 10-3 Public hearing was opened and City Planner, James Garrett briefed the Council on the plan of development as proposed and condtions required by the Planning Commission. Numerous re- sidents of the area spoke against the granting of the rezoning. Mr. Farrar answered questions by the audience and by members of the Council. Mr. Foreaker, Jr., Engineer als o described certain phases of the improvement. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, Califo m ia, so as to reclassify cer- tain real property from an R -I (Single Family Residential) District to a P -C (Planned Com- munity) District, and numbering Charter Ordinance No. 773 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: APPEAL OF PLANNING COMMISSION DECISION ON 3 LOTS SUBDIVISION - File 10-6 The appeal of Mr. Lydecker and Mr. Grandi was withdrawn. No action. RE: OVERNIGHT PARKING - WOODLAND AVENUE - File 11-8, Former Mayor Edeard Culver addressed the Council regarding the overnight parking, and storage of vehicles and equipment on Woodland Avenue. Thb Council informed Mr. Culver that the ordinance which prohibits same, was still in effect and was referred to the Police Depart- ment for enforcement. RE: REQUEST FOR STREET NAMING - File 11-2 Former Mayor Edward Culver requested the City to name the assumed 50' street adjacent to his easterly boundar line off Woodland Avenue. The matter was referred to the Planning Department for naming and to the City Engineer for in- vestigation of drainage problems. RE: THIRD STREET AND GRAND AVENUE STORM DRAIN PROJECT NO. 44 - File 4-1-93 RESOLUTION NO. 2785 - RESOLUTION OF AWARD OF CONTRACT. (Lee Mac Paving Company) Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: REMOVAL OF PARKING RESTRICTION ON NORTH LINE OF COMMERCIAL PLACE - File 12-14 City Engineer, Dominic Selmi reported that there had been an agreement with the property owners bounding on the northerly line of said street, and in order to change the parking pattern, it would be necessary to renegotiate an agreement with the present owners. RE: ENCROACHMENT PERMIT NO. 59 - COLEMAN. 45 CURTIS AVENUE - File 2-11 On motion of Councilman Jensen, seconded by Councilman Barbier, Encroachment Permit No. 59 for paving a portion of City's right-of-way at 45 Curtis Avenue to be used as off-street parking. Ayes: Councilmen Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: ADOPTION OF 1963-1964 BUDGET - EXPENDITURE OF STATE GAS TAX FUNDS - File 4-9 RESOLUTION NO. 2789 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING BUDGET FOR EX- PENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES. Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Counc i I men: Ma!y'or Mc I nn i s RE: BUDGET APPROPRIATION - File 8-14 On motion of Councilman Barbier, seconded by Councilman Baar, the Finance Officer was authorized to transfer from unappropriated surplus to Budget Accounty 49-275, $1200.00 to re- place money expended for trimming of trees in connection with fire alarm system. Authorized $100.00 to Budget Account 17-300 for attendance of members of the staff to attend school and conference. RE: THIRD STREET IMPROVEMENT - Easterly - File 2-2 The Department of Public Works was authorized to negotiate with property owners east of Embarcadero Way on the north line of Third Street for the redesigning of their driveways giving ingress and egress to Third Street. RE: EXTENSION THIRD STREET - Westerly - File 2-2 On motion of Councilman Jensen, seconded by Councilman Barbier, W. L. Morgan, City Clerk and Finance Officer was authorized to draw a warrant for $18,250.00, to be placed in escrow with Livingston et al for the purchase of 100 Shaver Street. Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RESOLUTION NO. 2786 - RESOLUTION ACCEPTING DEED (100 Shaver Street) Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis City Manager, Dan Andersen discussed with the Council the purchase of a portion of #2 West End Avenue for $10,106.25. No action. RE: CHULA VISTA ASSESSMENT DISTRICT - File 6-13 RESOLUTION NO. 2787 - RESOLUTION DIRECTING PUBLICATION OF NOTICE INVITING BIDS FOR THE PURCHASE OF BONDS OF THE CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA, IN CHULA VISTA ASSESSMENT DISTRICT. Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Concillmen: None Absent: Councilmen: Mayor McInnis RE: ORDINANCE AMENDING BUILDING CODE (GLASS USED IN SLIDING DOOR ASSEMBLY) - File 9-8 Morrison Green, Assistant Building Inspector addressed the Council and explained the re- quest for amending the section regarding the glass used in a sliding door assembly. Mr. Carl Brown of Associated Builders addressed the Council and quoted statistics to show that it was only necessary that the sliding glass door itself should have munton bars or the glass could be etched, which is also the requirement of the FHA. The matter was referred to the City Attorney and the Building Inspector who were directed to draw up an ordinance in conformity to the FHA. RE: BELLAM BOULEVARD EXTENSION - Fil a 2-2 The City Engineer requested the Council's decision regarding the extension of Bellam Boulevard and its crossing over San Rafael Canal. On motion' of Councilman Jensen, seconded by Councilman Baar, the City Engineer was advised that the crossing of the canal should be farther to the east, and in accordance to Coleman's recom- mendation. On motion of Councilman Jensen, seconded by Councilman Baar, permission was given to East San Rafael Assessment District No. 2, Engineer of Work, Bev Whitlow to assess the City property in said assessment district. j 8,0 Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: APPLICATION FOR CARD ROOM PERMIT - File 9-10 On motion of Councilman Baar, seconded by Councilman Barbier, George Mountanos and Ronald Fein, operators of ''The Patio'' were granted a permit to operate a card room on the premises at 869 Fourth Street, San Rafael for three tables. Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis 6-P6)6 )F oDLz�) RE: SALE OF PICNIC VALLEY PROPERTY - File 2-7 RESOLUTION NO. 2788 - A RESOLUTION AUTHORIZING THE SIGNING OF A GRANT DEED. Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: CLAIM OF DAMAGES - IRENE NAVE - File 3-1 The verified claim of Irene E. Nave was referred to the City's Insurance Carrier. - Ayes: -- --Eeuneilmen, Aby, Barbier and—Jen s -en Noes, Absent; un -c-1-1 �J —-RE--eL-A-I P -DAM -AG E S ifeed clairm of Irene E. Nave was refeiied to the 6ity'S -C-a r -r -i e r . RE: SALE OF SURPLUS CITY PROPERTY - File 2-7 City Manager, Dan Andersen asked for permission to put up for auction parcel No. 12-052-02 located in the Warden Tract. On motion of Councilman Baar, seconded by Councilman Jensen, permission was granted. RE: PROPOSAL OF TRAFFIC CONTROL, INC. - File 11-18 Mr. Michelsen and Mr. Cavanaugh representing Traffic Control,lnc. presented to the Council a device which could be attached to our present parking meters to limit the meter from taking additional money if the full capacity had been deposited in the beginning and then run out. Also, a device would be placed on the pavement, which would be activated by the automobile as it was driven either in or out of the parking stall which would erase any time left on the meter. On motion of Councilmen Jensen, seconded by Councilman Barbier, the City Attorney was directed to prepare an agreement with Traffic Control, Inc, for the operation of 15 meters for a 30 day period with the option to buy at $25.00 each. Said meters to be placed on the north side of Fourth Street between Court and Lootens Place, and providing the revenue warranted and public reaction was also favorable, would then install for a six months period approximately 700 meters. Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: EQUIPMENT AND REPLACEMENT - File 9-3-80 City Manager, Dan Andersen asked for budget appropriation to Account 80-700 of $500.00 for the purchase of a used survey wagon from the State of California. Timis vehicle to replace the existing station wagon. On motion of Councilman Baar, seconded by Councilman Jensen, the request was granted. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated May 6th, 1963, and now on file in the Clerk's office to which reference is hereby made for further particulars: GENERAL FUND $ 20,418.38 SPECIAL RECREATIONS PROGRAMS FD. 84.18 PARKS FUND 625.97 EQUIPMENT & REPLACEMENT FUND 757.11 STORES FUND 399.40 EMPLOYEES RETIREMENT FUND 333.00 LOCH LOMOND HIGHLANDS UNIT 1 25,385.04 CHULA VISTA ASSESSMENT DIST. 288.83 $ 48,291.91 EMPLOYEE RETIREMENT FUND CAPITAL IMPROVEMENT FUND Council adjourned to May 20th, 1963. $--71748-73 $ 18,250.00 r � � W. C. C NWELL, Deputy ity Clerk Approved this day of 19 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, May 20th, 1963 at 8:00 o'clock P.M. Regular Meeting RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Harry A. Barbier, Councilman Fred A. Jensen, Councilman Absent: None On motion of Councilman Jensen, secondedby Councilman Aby, the minutes of May 6th, 1963 a true and correct copy thereof having been heretofore submitted in writing to each member was approved. RE: PUBLIC HEARING - BRET HARTE IMPROVEMENT DISTRICT - File 6-11 Public Hearing continued in accordance to Resolution No. 2779 Hearing was declared opened. Mr. Carl Rickard spoke regarding the contact made with the N. W. P. R. R. Engineering Department, informed the Council that the railway was willing to participate 50% of the construction costs of a trestle over the new existing culverts which coincides more or less with District Engineer Coleman's plan. Mr. Geister also addressed the Council regarding the same structure which all believe to be the bottleneck for the drainage of the district. Mr. Cole estimated the trestle would cost $10,000.00 more or less. RESOLUTION NO. 2790 - A RESOLUTION CONTINUING THE PUBLIC HE RING, CONSIDERATION OF THE ENGINEERS'' REPORT AND ASSESSMENT IN BRET HARTE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL MARIN COUNTY, CALIFORNIA Ayes: 'Councilmen: Aby, Baar, Barbier, and Jensen, and Mayor McInnis Noes: Councilmen: None Absent: Councilmen : None Continued to June 17, 1963 RE: SAN RAFAEL CANAL TRAFFIC - File 12-10 Mr. Weisenberg addressed the Council regarding the speed of boats on the canal. The wakes created by excessive speed was causing an alarming amount of silting together with other hazards. The matter was referred to the Police Department for enforcement of the speed limit. RE: NEW CITY HALL - ARCHITECTS CONTRACT - File 12-2 City Manager, Dan Andersen reported that Mr. Welsch of Ebasco had met with the Proposed architects and the new agreement that had been distributed was the result of the said meeting. The Council requested the City Manager to contactMr. Welsch to meet with them at a convienient date at 5:00 o'clock P.M. RE: CHULA VISTA ASSESSMENT DISTRICT - File 6-13 A motion was made by Councilman Jensen, and seconded by Councilman Baar, that the completion date for the street work be extended to August 23rd at the request of Ghilotti Bros. Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent:Councilmen: None RE: THIRD STREET IMPROVEMENT EASTERLY - PROJECT 45 - File 4-1-90 The motion was made by Councilman Jensen, seconded by Councilman Aby, that the completion date of the improvements be extended to June 30th, 1963, at the request of Piombo Bros. Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent:Councilmen: None RE: GASOLINE MARKETERSINC. LEASE - File 2-8-4 Letter from Bruce B. Bales, attorney representing Gasoline Marketers Inc. stating that the lessee had been unable to arrive at a mutually acceptable rental figure with City Manager, Dan Andersen and wes therefore submitting the matter to arbitration. The motion was made by Councilman Baar, seconded by Councilman Jensen that Mr. Gordon Dohlman be appointed as arbitrator to represent the City. Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen:None RE: CONTRACT WITH MUNICIPAL DATA PROCESSING CO. - File 4-3-16 City Treasurer, Miss Soldavini reported to the Council that the se --%'ices of the above company was not competent and recommended that the contract be cancelle d The motion was made by Councilman Aby, and seconded by Councilman Baar that the contract be cancelled. AYES: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis NOES: Councilmen: None ABSENT:Councilmen: None RE: THJRD STREET IMPROVEMENT EASTERLY - PROJECT 45 - File 4-1-90 The motion was made by Councilman Jensen, and seconded by Councilman Aby, thatthe RE: EXTENSION OF SECOND STREET THROUGH MONTECITO SHOPPING CENTER - File 2-2 Supervisor of Public Works, Norris Rawles requested the Council postpone the improvement of the extension of 2nd street through the Montecito Shopping Center, to its intersection with 3rd Street until the State lets conctracts for the widening and realigning of Highway 101. The request was granted. RE: MUNICIPAL CODE TITLE 12 - BUILDING REGULATIONS - File 9-8 An ordinance amending the San Rafael Municipal Code, Title 12, Chapter 12.12, Section 12. 12.020 thereof pertaining to the Uniform Building Code by amending a new paragraph thereto, and numbering Charter Ordinance No. 774 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen : Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: OAK WOODLANDS UNIT I -B File 5-1-132 City Engineer, Dominic Selmi presented the Final Map of Oak Woodlands Unit 1-8 RESOLUTION NO. 2793 - A RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "OAK WOODLANDS UNIT 1-13" Ayes: Councilmen ; Aby, Baar, B rbier, Jensen & Mayor McInnis Noes: Councilmen : None Absent: Councilmen: None RE: GLENWOOD UNIT NO. 6 - File 5-1-133 City Engineer, Dominic Selmi presented the Final Map of Glenwood Unit No. 6 RESOLUTION NO. 2791 - "A RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED ''GLENWOOD NO. 6" Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: NORTHGATE INDUSTRIAL PARK UNIT I - File 6-18 Mr. Kenneth Jones, attorney addressed the Council and presented various documents relating to the above assessment district. The Council postponed action until June 3rd so that they may further aquaint themselves with the proceedings. RE: DRAINAGE CORRECTION - PALM AVENUE NEAR MAGNOLIA - File 12-9 The.bboQf'batter was withdrawn RE: P. G. & E. NEW STREET LIGHTING AND DISTRIBUTION SYSTEM - File 12-9-_/ 1- Mr. George Henderson of P. G. & E. addressed the Council and presented an artist's conception of a new plan for a service line and street lighting. The drawing as presented had been applied to the 3rd Street im#rovement and feasibility was approved. Mr. Henderson stated that this type of transmission would be cost free to the City, but the underground service connection as installed by the company would have to be conformed to by the property owner. RE: FINANCE COMMITTEE MEMBER - File 9-2-2 Mayor John F. McInnis appointed Harry A. Barbier as a member of the finance committee. RE: PROPOSED REZONING OF FRANCISCO BOULEVARD PROPERTY --File 10-1 City Manager, Dan Andersen discussed with the Council the rezoning of properties adjacent to and including the City's Francisco Boulevard property. City Manager was directed to contact adjacent property owners and obtain their opinion on the matter. SEE PAGE 326 - File 12-14 RE: STANDARD OIL COMPANY LEASE - File 2-8-3 City Manager, Dan Andersen informed the Council that the Standard Oil Co. lease on a portion of Francisco Boulevard property would expire on August 1st, and suggested the rental be raised from $300.00 to $400.00 per month. The Council authorized the rental to be set at $400.00 on a month to month basis. � lk RE: FIRE STATION NO. 4-- File 12-3 The purchase of lands to be acquired for the construction of Fire Station No. 4 in East San Rafael will be discussed at the budget hearings. RE: TRAFFIC CONTROL INC. - File 11-8 Mr. Costello, manager of Macy's objected to the plan to placethe meter minders in the block, Court to Lootens on the Northerly line of 4th Street. Mr. Fogerty of J. C. Penney Company also objected to the plan. The Council agreed that the meters should be spread out over several blocks and left the placing of the meters to Traffic Control Inc. RE: SALE OF CITY HALL - File 12-2 Mr. Roy Brown of the Independent Journal addressed the Council and informed them that if they had no objections, former City Attorney, A. E. Bagshaw would be his representative in negotiations of the purchase of the present City Hall property. RE: YOUTH IN GOVERNMENT DAY - File 102 May McInnis read a letter written on behalf of the student body association of the San Rafael High School thanking the City Officials for making youth in government day a successful day. RE: CLAIM OF MABLE D. ROBERTS - File 3-1 The above claim against the City for injuries received by falling at the corner of D and 5th Avenue, May 3, 1963 was referred to the City attorney at his request. RE: CLAIM OF ELDEN,H. HILL - File 3-1 The above claim was denied and referred to theCity Attorney at his request. RE: CLAIM OF GILBERT B. SCHMITT - File 3-1 City Attorney, David Menary Jr., informed the Council that the claim was a bonified one and the City was liable. On motion of Councilman Jensen, seconded by Councilman Baar, the claim of $98.49 was ordered paid. Ayes; Councilmen Aby, Baar, Barbier, Jensen & Mayor McInnis Noes; Councilmen: None Absent: Councilmen: None RE: ELECTION DATE - File 9-4 T Letter of Stephen E. Epler, president of the College of Marin requesting that City Elections be coincided with that of School Elections was read. City Manager, Dan Andersen was directedto inform Mr. Epler that the City Election date is set by our Charter. RE: VACATING E STREET SCHOOL - File 2-9 City Manager, Dan Andersen informed the Council that the San Rafael City Schools informed him that the City department located in the basement of said school would be allowed to remain indefinitely. RE: IMPROVEMENT OF FIRE STATION NO. 2 - PROJECT #58 - File 12-3 x 4-1-94 RESOLUTION NO. 2792 - ''A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR PROJECT 58 - YARD PAVING - STATION NO. 2 - THIRD AND UNION STREET , SAN RAFAEL FIRE DEPARTMENT' Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None AbSdnt Councilmen: None RE: ORD I NANCE NO. 773 —/ 0-3 The motion was madeby Councilman Baar, seconded by Councilman Jensen, that the Council reconsider Charter Ordinance No. 773. Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None A motion was made by Councilman Baar, seconded by Councilman Jensen, that Charter Ordinance No. 773 be passed to print. Ayes: Councilmen: Noes: Councilmen Aby, Baar, Barbier, Jensen Absent: Councilmen: Mayor McInnis absatined because he was not present at the meeting of May 6th,1963. City Attorney, David Menary Jr. Presented Charter Ordinance No. 773 as revised. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California so as to reclassify certain real property from an R -I (Single Family Residential) District to a P -C (Planned Community) District, and numbering Charter Ordinance No. 773 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CITY HALL SITE - File 12-2 City Manager, Dan Andersen reported to the Council that negotiations for the purchase of the Robinson proper;ty was at a standstill, but that the negotiations for the Stanley property show some promise of agreement and was authorized to continue negotiations for the same. All calims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated May20th, 1963, and now on file in the clerk's office to which reference is hereby made for further particulars: Council adjourned.to , GENERAL FUND SPECIAL RECREATION PROGRAMS FUND PARKS FUND EQUIPMENT & REPLACEMENT FUND STORES FUND PARKING DISTRICT NO. I FUND CAPITAL IMPROVEMENT FUND EMPLOYEES' RETIREMENT SYSTEM FUND OAK WOODLANDS UNIT II FUND LOCH LOMOND HIGHLANDS UNIT I FUND CHULA VISTA ASSESSMENT DISTRICT FUND MARIN BAY UNIT NO. I FUND TOTAL $ 15,543.03 5.62 229.97 207.51 151.50 73.43 424.00 250.00 7,355.88 644.50 16,134.07 14,146.75 $ 55,186.26 GENERAL FUND 98.49 CHULA VISTA ASSESSMENT DISTRICT FUND 13,318.11 TOTAL $ 13,416.60 Approved this day of 1963. MAYOR OF THE CITY OF SAN RAFAEL �'�'-,--�• RE: LEASING P. G. & E PROPERTY - BROOKS AT 3RD STREET - File 12-14 Mr. Fred Enemark of the Chamber of Commerce addressed the Council regarding the necessity of having all day parking facilities stating the executive board had approved the proposal, and that the property owners would guarantee the City against any financial loss. The City Council authorized the City Manager to negotiate with P. G. & E. for the lot. In the Council Chambers of the City of San Rafael, Monday, June 3rd, 1963 at 8;00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Harry Barbier, Councilman Fred E. Jensen, Councilman On motion of Councilman Jensen, seconded by Councilman Baar, the minutes of May 20th, 1963, a true and correct copy thereof having been heretofore submitted in writint to each member were approved. RE: FIRE STATION NO. 2 - BIDS FOR YARD PAVING - File 4-1-94 The following bids were received and read: 0. C. Jones 4th & Cedar Sts. Berkeley 2 $ 6,507.00 Ghilotti Bros. 629 Francisco Blvd. San Rafael 4,783.82 E. A. Forde P.O. Box 306, San Anselmo 4,596.70 Piombo Bros. 2155 Francisco Blvd. San Rafael 4,704.84 RESOLUTION NO. 2794 - RESOLUTION OF AWARD OF CONTRACT. (E. A. FORDE) Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CHULA VISTA ASSESSMENT DISTRICT -"File 6-13 Opening of bids on improvement bonds. The following bids were received and read: First California Company Stone & Youngberg Carl Hanauer Company Merrill Lynch, Pierce, Fenner & Smith Shaw Hooker and Company J. B. Hanauer Company 300 Montgemery,S.F. 1314 Russ Bldg., S. F. Four West 4th Ave. San Mateo 301 Montgomery, S.F. 1 Montgomery St. S.F 200 Sansome St. S.F. 101.631 102.05 101.72 117,538.70 = 104.11 101. 1/8 = 101.125 3,153.00 = 102793 RESOLUTION NO. 2795 - RESOLUTION AUTHORIZING SALE OF BONDS, CHULA VISTA ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA. Ayes: Councilmen: Aby, Baar, Barbier, Jensen andMayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: SALE OF CITY PROPERTY - File 2-7 The following bid was received and opened. Richard Tarrant 125 Ross Street, San Rafael $ 1,551.00 Mr. Tarrant orally raised his bid to $2,000.00 because the Council felt the price was to low for the property. Motion was made by Councilman Jensen, seconded by Councilman Aby, that the bid be rejected and readvertized. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: LEASING OF AMERICAN LEGION BUILDING - File 2-9 The Park and Recreation Director, Joseph Rodota addressed the Council regarding the pro- posed leasing of the American Legion Building, explaining that its use would be a recreation center for teenagers and senior citizens. The Council directed Mr. Rodota to bring the matter up at the budget hearings, and to make a further study as to the specific schedule, the possibility, and amount of County participation, and any addition to the recreation budget beyond the rental. RE: NORTHGATE INDUSTRIAL PARK UNIT 1 - File 6-18 Mr. Richard E. Randolph, attorney presented the following documents for Council considera- tion. RESOLUTION NO. 2796 - RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2797 - RESOLUTION ESTABLISHING PREVAILING WAGE SCALE. Ayes: Councilmen: Aby, Baar, Barbier, Jensen andMayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2798 - RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING NOTICE. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2799 - RESOLUTION CALLING FOR SEALED PROPOSALS. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2800 - RESOLUTION AUTHORIZING ERECTION OF PIPELINE EXTENSION AGREEMENT. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CHULA VISTA ASSESSMENT DISTRICT - File 6-13 Mr. Edwin N. Ness, attorney for the district advised the Council it would be better to have certain property in fee, and recommended that condemnation proceedings be initiated. RESOLUTION NO. 2801 - RESOLUTION FINDING THE PUBLIC CONVENIENCE AND NECESSITY OF THE ACQUISITION OF PROPERTY FOR STREET AND HIGHWAY PURPOSES AND ORDERING CONDEMNATION THEREOF. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent;: Councilmen: None RE: PLANS AND SPECIFICATIONS - STREET MATERIALS - File 4-2-51 RESOLUTION NO. 2802 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR ANNUAL SUPPLY OF STREET MATERIALS. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmn: None Absent: Councilmen: None RE: STREET PAINTING - File 4-2-52 RESOLUTION NO. 2803 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR ANNUAL STREET PAINTING CONTRACT. Ayes: Councilmen: Aby, Baar, Barbier, Jensen andMayor McInnis Noes: Counc'lmen: None Absent: Councilmen: None RE: EUCALYPTUS TREE REMOVAL - LINDEN LANE - File 11-6 Mr. William R. Eastman, Jr., M.D. addressed the Council regarding the dangerous condition of eucalyptus trees along his property and others, and requested the City for assistance in the re- moval of the trees. Mrs. Charles G. Strom and Mr. Roy A. Brown also spoke of the danger. Norris Rawles, Supervisor of Public Works made recommendations on the City' participation in their re- moval of the trees and the cost. Motion was made by Councilman Aby, seconded by Councilman Jensen, that the City participate by paying 25% of the cost of the removal of the trees. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: SEWER EASEMENTS TO CITY AND MARIN BAY 2-A - File 2-3 Norris Rawles, Supervisor of Public Works presented a deed to certain sewer easements in Marin Bay Unit 2-A. RESOLUTION NO. 2804 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Also presented was a quitclaim deed relinquishing certain sewer easements in Marin Bay Unit 2-A to Capital Investment Company and Latipac, Inc. On motion of Councilman Baar, seconded by Councilman Jensen, motion was made authorizing the Mayor and City Clerk to sign said deed. - File 2-12 RE: 50' FOOT STREET OFF NORTH LINE OF WOODLAND AVENUE - File 2-2 A quitclaim deed from the County of Marin to the City of San Rafael for a 50' foot street on the northerly line of Woodland adjacent to E. W. Culver was presented. RESOLUTION NO. 2805 - RESOLUTION ACCEPTING QUITCLAIM DEED ( County of Marin ) Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: STREET NAMING - File 11-2 On motion made by Councilman Baar, seconded by Councilman Aby, that the above street be named "Culver Street". Ayes: Councilmen: Aby, Baar, Barbier, Jensen andMayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: REZONING "E" STREET SCHOOL PROPERTY FROM U TO C -2-H - file 10-3 Public hearing date set for June 17th, 1963. RE: REZONE PARCEL 17-072-11 - BELVEDERE AND LARKSPUR STS. - P -C -M -H to R -3 -B -D -H - File 10-3 Public hearing set for June 17th, 1963. /a --z x RE: NEW CITY HALL - ARCHITECTS - File 17=T �' -3- )- 7 On recommendation of City Attorney, David Menary, Jr., the Council authorized that the contract between the architectural groyp and the City as presented, be amended as recommended, and that same be drawn in a signle instrument. RESOLUTION NO. 2806 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen:Aby, Baar, Barbier, Jensen, and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 774 - FINAL ADOPTION - File 10-3 CHARTER ORDINANCE NO 774 - An ordinance amending the San Rafael Municipal Code, Title 12, Chapter 12.12, Section 12.12.020 thereof pertaining to the Uniform Building Code by amending a new para- graph thereto, and numbering Charter Ordinance No. 774 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BUDGET APPROPRIATION - POLICE DEPARTMENT - File 9-3-30 Council authorized the transfer from unbudgeted surplus to budget account 30-265 - $250.00 for gasoline for school crossing guards. RE: BUDGET ACCOUNT TRANSFER - File 8-14 The Council authorized the transfer from budget account 65-265 to 65-210 - $75.00, and from budget account: 66 - 500 to 750 to the following accounts: 66-252 $ 86.00 66-253 400.00 66-265 700.00 66-280 150.00 RE: APPEAL OF DECISION OF PLANNING C014MISSION - USE PERMIT NO. 1058 - File 10-5 Letter of appeal to decision of the Planning Commission by Edgar C. Wood was read. Public hearing was set for June 17th, 1963. RE: FIRE ZONE CLARIFICATION APPLIED TO CONDOMINIUM - File 9-8 Lehrer Pete Mr. Gabriel -Aaron, attorney, Architect Treffinger and builder A44 -em Larkins+ addressed the Council regarding the application of fire zone to condominium adjacent to R-1 areas. Building Inspector, Andrew Thomas answered questions regarding the existing ordinance, and Fire Chief Vance Trivett expressed his views Fire Zone The Council was unanimous in their opinion that the $+rA d-itrg-Cede required a clarifying amend- ment. The Building Inspector was directed to prepare such an amendment for Council consideration. RE: APPEAL OF DECISION OF PLANNING COMMISSION - File 10-6 Letter of Guy Duryee appeal to decision of the Planning Commission concerning a four lots subdivision on Bret Harte Road was read. Public hearing was set for June 17th, 1963. Mr. A. M. Dewey's letter of appeal regarding the sale of a lot on Tamal Vista Drive was read. Mr. Dewey was advised that the appeal would have to be denied because it was filed after the filing period had elasped, and was recommended that he again bring up the matter before the Planning Commission. - File 10-2 RE: ENCROACHMENT PERMIT NO. 61 - File 2-11 Motion was made by Councilman Jensen, seconded by Councilman Aby, that encroachment permit #61 be granted to Harry Heifetz for a platform on lot 8 of White Oaks Unit 1. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: REPAIR OF BACKHOE - File 9-3-80 City Manager, Dan Andersen discussed with the Council the condition of the backhoe and loader as to the feasibility of purchasing a new piece of equipment or repairing the present one. The Council directed the City Manager to buy the parts and repair the equipment in our garage. RE: THIRD STREET EXTENSION - Westerly - File 2-2 City Manager, Dan Andersen reported on the negotiations for a portion of #2 West End Avenue, and was directed to continue same. RE: HAZARD OF SAN QUENTIN OVERPASS - File 11-16 City Manager, Dan Andersen was directed to write to Division of State Highways calling to their attention the very serious hazard of the existing San Quentin Overpass structure, and to urge them to eliminate this hazardous situation as quickly as possible. RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Aby, to transfer from unbudgeted reserve to budget account 40-301 - $60.00, for the purpose of City Engineer, Dominic Selmi, to attend Seminary for Civil Engineers at the University of California. Ayes: Councilmen: Aby, Baar, Barbier, Jensenand Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated June 3rd, 1963, and now on file in the Clerk's office to which reference is hereby made for further particulars: GENERAL FUND PARKS FUND STORES ACCOUNT FUND EQUIPMENT & REPLACEMENT FUND EMPLOYEE RETIREMENT FUND CAPITAL IMPROVEMENT FUND MARIN BAY IMPR. DIST. #2 LOCH LOMOND HIGHLANDS UNIT I Council adjourned to June 17th, 1963. $ 14,069.11 235-03 410.71 2,661.73 7,i 826. 17 29,167.83 30,630.93 12,737.70 $ 97,739.21 W. C. CO NWELL, Deputy C Approved this day of 19 Clerk MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, June 17th, 1963 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Coucilman Louis H. Baar, Councilman Harry A. Barbier, Councilman Fred E. Jensen, Councilman On motion of Councilman Jensen, seconded by Councilman Aby, the minutes of June 3rd, 1963, a true and correct copy thereof having been heretfore submitted in writing to each member were approved. RE: BID OPENING - ROAD MATERIALS - File 4-2-51 The following bid were received and opened. Hutchinson Company 7360 Schmidt Lane El Cerrito 8 Unit prices Camgros 626 Third Street, San Rafael " McPhail's Inc. P.O. Box 707, San Rafael " Basalt Rock Company P.O. Box 540, Napa, Calif. " and were referred to the Purchasing Department for recommendation. RE: BID OPENING - STREET PAINTING - File 4-2-52 The following bids were received and opened: Jack Rose 3384-A, Berkeley, Calif. Unit prices only no minimum bid A and M Striping Company 10 Laurel Ave. Petaluma $14,750.00 RESOLUTION NO. 2806 =A RESOLUTION AWARDING CONTRACT FOR ANNUAL STREET STRIPING AND PAINTING FOR FISCAL YEAR JULY 1, 1963 to JUNE 30th, 1963. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING REZONING "E" STREET SCHOOL PROPERTY "E" AT 4TH STREET-- File 10-3 The hearing was declared opened. City Planner, James Garrett briefed the Council on the surrounding zoning and the recommendation of the Planning Commission. There being no one appearing for or against, the hearing was declared closed. An ordinance amending the zoning map of the City of San Rafael, Califo m ia, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify cer- tain real property from a "U" (Unclassified) district to a C -2-H (General Commercial with parking requirements) district, and numbering Charter Ordinance No. 775 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING REZONING PARCEL 17-072-11 BETWEEN BELVEDERE AND LARKSPUR STREETS - File 10-3 The hearing was declared opened. City Planner, James Garrett briefed the Council on exist- ing zoning and the recommendations of the Planning Commission. There being no one appearing either for or against, the hearing was declared closed. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, C?lifornia, so as to reclassify cer- tain real property from A P -C -M -H (Planned Commercial and L ght Industrial with parking require- ments) District to an R -3 -B -D -H (Special Multiple Residential, 1,500 square feet per dwelling unit) district, and numbering Charter Ordinance No. 776 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Baar, Barbier and Jensen Noes: Councilmen: Aby and Mayor McInnis Absent: Councilmen: None' RE: PUBLIC HEARING CONCERNING FOUR (4) LOT SUBDIVISION ON BRET HARTE ROAD - File 10-6 The public hearing was declared opened. City Planner, James Garrett briefed the Council on the reasons leadingto the decision of the Planning Commission. Mr. Sam Gardiner, attorney, representing Mr. Guy Duryee addressed the Council regarding the problem of the sewers which had infleuenced the decision of the Planning Commission. Mayor McInnis informed Mr. Gardiner and the Council that the County Board of Health was interested in the septic tank situation in the neighborhood. Hearing was declared closed. Motion was made by Councilman Jensen, seconded by Councilman Baar, that the subdivision be allowed and the California Real Estate Commission be notified that there may be sewers laid and an assessment district be formed in the near future. RE: PUBLIC HEARING USE PERMIT NO. 1058 - MR. EDGAR C. WOOD - File 10-5 The Council requested City Attorney, David Menary, Jr. to rule on the vote of the Planning Commission on the application for a use permit by Edgar C. Wood for a used car lot. The ruling was ''no action''. Public hearing declared closed. City Planner, James Garrett briefed the Council on the action of the Planning Commission. Mr. Roderic Martinelli, attorney, representing Mr. Wood presented arguments why the permit should be granted. Motion was made by Councilman Aby, seconded by Councilman Baar, that use Permit No. 1058 be granted. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING BRET HARTE ASSESSMENT DISTRICT - File 6-11 Continued hearing was declared opened in accordance to Resolution No. 2790. Dan Coleman, District Engineer, at the request of Mayor McInnis reviewed the different studiess made of the area both engineering wise, and as to the boundary, and informed the Council that he felt that the engineering and the boundaries should remain as originally planned. Mr. Carl Rickards spoke regarding the offer of the Northwestern Pacific Railroad Company to construct a trestle if the City would participate, and requested that other conditions such as the pumps, and the cleaning of channels be taken care of immediately. Mr. Geister requested the improvement of Mahon Creek be brought up to the Cotton Plan Standards. Motion was made by Councilman Jensen, seconded by Councilman Aby, that the hearing be terminated. Ayes: Councilmen:: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Baar, that $5,000.00 be appropriated as the City's share in the construction of the above mentioned trestle. The work to be done by the Northwestern Pacific Railroad Company. RE: PERSONNEL - File 7-/ Q Mr. William Murphy, attorney, representing the employees of the Police and Fire Departments of the City addressed the Council presenting schedules for salaries and requesting other fringe benefits. Mayor McInnis reequested that Mr. Murphy submit the request in a letter so that the Council could further study them. Mr. Murphy agreed to his request. RE: WHITE OAKS ASSESSMENT DISTRICT - File 6-9 Letter of Miss A. J. Soldavini, City Treasurer, requesting that the Council approve the issuance of two interest coupons possibly lost in transit. RESOLUTION NO. 2808 - RESOLUTION FINDING INTEREST COUPONS NUMBERED 1 OF BONDS NUMBERED 50 AND 51 OF THE WHITE OAKS UNIT TWO ASSESSMENT DISTRICT, SERIES 1961-3, ARE LOST OR DESTROYED, DIRECTING THE ENDORSEMENT OF SUCH APPROVAL OF SECURITY FILED BY THE OWNER OF SAID BONDS. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 773 - Final adoption - File CHARTER ORDINANCE NO. 773 - An ordinance amending the zoning map of the City of San Rafael, Cali- fornia, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from an R-1 (Single Family Residential) District to a P -C (Planned Community) District, and numbering Charter Ordinance No. 773 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: EXTENSION UFTHIRD STREET - westerly - File 2-2 Motion was made by Councilman Jensen, seconded by Councilman Barbier, that a warrant be drawn for $7,000.00 to the Marin Title Guaranty Company, to be placed in escrow for the purchase of a portion of No. 2 West End Avenue. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2807 - RESOLUTION ACCEPTING DEED (2 West End Avenue) Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: IMPROVEMENT OF THIRD STREET - easterly - File 8-14 x 4-1-90 The Council granted the request of Supervisor of Public Works, Norris Rawles for $2,600.00 to install a 24" pipe to replace and realign a now existing drain pipe. RE: ENCROACHMENT PERMIT N0. 62 - File 2-11 Motion was made by Councilman Jensen, seconded by Councilman Aby, that George P. Burkett, 161 Prospect Avenue, be granted Encroachment Permit No. 62 to construct a concrete approach and install a 12'' CMP. RE: ADDITIONAL TRUCK -ROUTES - File 11-1 Supervisor of Public Works, Norris Rawles presented a resolution adding additional streets to truck routes. City Attorney, David Menary, Jr, stated that his opinion was that this would have to be done by ordinance and suggested that it be held over for further study. Matter was referred to the Traffic Committee and City Attorney. RE: FINAL MAP OF RAFAEL TERRACE-- File 5-1-134 City Engineer, Dominic Selmi presented the final map of a subdivision entitled Rafael Terrace. RESOLUTION NO. 2809 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED ''RAFAEL TERRACE" Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: SIGN ENCROACHMENT - FRANCISCO BOULEVARD - AMES FORD - File 2-11 Plans of the proposed sign showing the amount of encroachment was exhibited to the Coun- Motion was made by Councilman Jensen, seconded by Councilman Baar, the sign encroachment into the ten (101) foot setback on Francisco Boulevard be permitted. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: LEASE TO E. BUGNA, INC. - File 2-8 Letter from Mr. Emile Bugna notifying the City that they wished to exercise their option for an additional period of five (5) year lease of the property at 423 Francisco Boulevard. RE: FUND TRANSFER FOR 1962-63 - File 8-14 The Council authorized the following fund transfers prior to close of General Ledgers at June 30th, 1963. General Fund to Employees' Retirement Fund $ 15,000.00 General Fund to East San Rafael Assessment District 55.50 General Fund to Bret Harte Drainage District 66.59 General Fund to Albert Field Bond Fund - Balance required at June 30th for interest and retirement of bonds outstanding. The Council also authorized transfer of surplus funds not required in General Fund to Capital Improvement Fund to be set up in a Reserve for Capita Outlay. Motor Vehicle Fund and Traffic Safety Fund to Capital Improvement Fund RESOLUTION NO. 2810 - RESOLUTION AUTHORIZING TRANSFER OF FUNDS. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Counc i 1 rre n: None Absent: Councilmen: None RE: ORDINANCE AMENDING FIRE ZONE 2 - File 9-8 An ordinance amending fire zone 2 was presented and discussed by the Council and it was ordered /held for further study. RE: REQUEST TO HAVE WARRANTS PAID THROUGH LOCAL BANK - File 8-13 Letter of D. C. Davis, Assistant Vice President & Manager, Wells Fargo Bank, suggested that the warrants be made payable through a bank. Finance Officer, W. L. Morgan also re- commended the procedure. The matter was referred to City Attorney, City Manager and the Finance Officer for further study and recommendation. RE: REQUEST FOR TRAFFIC STUDY - FREITAS & LAS GALLINAS INTERSECTION - File 11-13 The request of the Terra Linda Community Service District for a traffic count and study at the intersection of Freitas and Las Gallinas was discussed by the Council and directed the Supervisor of Public Works to put a traffic counter and submit a report as to their findings. RE: PROPOSAL OF LINCOLN LUMBER COMPANY - File 2-9 A letter submitted by the L. H. Lincoln Corporation regarding the leasing and purchase of tideland for use as a city dump was read and discussed. The City Manager was directed to have further discussions with the Lincon Corporation regarding the conditions enumerated in the letter. RE: AUTHORIZATION TO ESTABLISH REVOLVING ACCOUNTS - File 8-13 x 8-14 Resolutions to establish revolving accounts to permit warrants to be paid through local banks were presented. RESOLUTION NO. 2816 - RESOLUTION AUTHORIZING GENERAL REVOLVING ACCOUNT Ayes: Councilmen: Aby, Baar, Barbier, Jensen andMayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2817 - RESOLUTION AUTHORIZING PAYROLL REVOLVING ACCOUNT. Ayes: Councilmen: Aby, Baar, Barbier, Jensen andMayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 775 - REZONING "E" STREET SCHOOL PROPERTY - File 10-3 CHARTER ORDINANCE NO. 775 - An ordinance amending the zoning map of the City of San Rafael, Cali- fornia, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from a "U" (Unclassified) District to A C -2-H (General Commercial with parking requirements) district, and numbering Charter Ordinance No. 775 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 776 - REZONING BELVEDERE & LARKSPUR STREETS - PARCEL 17-072-11 - File 10-3 CHARTER ORDINANCE NO. 776 - An ordinance amending the zoning map of the City of San Rafael, Cali- fornia, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from a P -C -M -H (Planned Commercial and Light Industrial with parking requirements) District to an R -3 -B -D -H (Special Multiple Residential, 1,500 square feet per dwelling unit District, and numbering Charter Ordinance No. 776 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: GASOLINE MARKETEERS - LEASE ARBITRATION REPORT - File 2-8— P Letter of R. A. Roumiguiere giving the results of the Board of arbitrators between the City of San Rafael and Murray H. White, Lessee. The results 'The total sum payable by Lessee to Lessor shall be Eighteen Thousand ($18,000.00) Dollars payable in equal monthly installments of Three Hundred ($300.00) Dollars, except that Lessee shall (in addition to the above total sum and monthly payment) pay to the Lessor the sum of One Cent ($.O1) per gallon for each gallon over Twenty Thousand ($20,000) Gallons sold by Lessee each month . Report was ordered filed. RE: 4 LOT SUBDIVISION ON BRET HARTE ROAD - GUY DURYEE - File 10-6 Report of James R. Garrett, City Planner regarding the report to the State Real Estate Commissioner was ordered filed. RE: VICTOR JONES PARK - File 2-1-24 Plans and specifications for grading and drainage were presented and ordered held so that City Engineer, Dominic Selmi could review, and recommendation to be presented at Council meet- ing of July 15th. RE: STATE PERSONNEL BOARD CONTRACT - File 493 q - r/ 0-- -)-c A contract to supply test and scoring same was presented. RESOLUTION NO. 2820 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Count i lmen: None Absent: Councilmen: None RE: REZONING OF PARCEL 12-171-08 - 219 ROSS STREET - File 10-3 Public hearing was set for July 15th. RE: APPEAL OF DECISION OF THE PLANNING COMMISSION - BERYL SUBDIVISION - File 10-6 Public hearing was set for July 15th. RE: AEROJET TESTING SAN PABLO STRAITS - File 119 Letter of Aerojet General Corporation with attached rocket engine test description and letter from Marin County Development Association was discussed as to the nuisance value and health and welfare of the community. The Council directed City Manager, Dan Andersen to write Aerojet General Corporation for further information regarding the tests, and Representative Donald Clausen, reserving the right to halt the tests. RE: APPEAL OF DECISION OF PLANNING COMMISSION DENIAL OF ARCHITECTURAL APPROVAL AT 1703 FIFTH AVENUE - File 10-6 Letter of Mr. Gunter Silmar appealing the decision of the Planning Commission was presented. Public hearing was set for July 15th. RE: THIRD STREET EXTENSION - westerly - File 2-2 Douglas J. Maloney, Assistant County Counsel informed the Council that litigation on the "E" Street School property had been resolved and presented deed to the City for acceptance, RESOLUTION NO. 2818 - RESOLUTION ACCEPTING DEED TO REAL PROPERTY ("E" STREET PROPERTY) Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None The agreement to purchase Julius Andresen property on July 1st was brought to the attention of the Council and the Title Company was prepared to close. RESOLUTION NO. 2819 - RESOLUTION ACCEPTING DEED TO REAL PROPERTY (819 ''E" Street Property) Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: INDEPENDENCE DAY - File 110 Mayor McInnis urged the Citizens of San Rafael who have a bell to ring it at 11:00 A. M. July 4th in accordance to President Kennedy's request. RE: ACCESS TO SHORT RANCH AREA - File 11-13 Letter of Philip S. Bundschu requesting a study of road access be made by San Rafael, San Anselmo, Fairfax and the County be made. Referred to Traffic Committee. RE: TRAFFIC CONTROLS, INC, - File/t49--x 11-18 Letter of agreement between the City of San Rafael and Traffic Controls, Inc. was read and discussed by the Council. On motion of Councilman Jensen, seconded by Councilman Baar, the Mayor andCity Clerk were authorized to sign the said agreement for a period of 30 days, Ayes: Councilmen: Aby, Baar, Noes: Co uncilmen: None Absent: Councilmen: None RE: PERSONNEL-- File 7-5 Barbier, Jensen and Mayor McInnis On motion of Councilman Jensen, seconded by Councilman Baar, the following were placed on the regular payroll: Peter Zunino - Groundsman, commencing 6/17/63 at the monthly salaryof $390.00. Curtis Grannis - Groundsman, commencing 6/13/63 at the monthly salary of $390.00. Barxdal Stinson - Police Dept. from Dispatcher to Patrolman at the monthly salary of $500.00 per month commencing 7/1/63. Arthur Worthington - Police Dept, - Dispatcher at the monthly salary of $390,00 per month commencing 7/1/63. Gary Walter - Police Dept. - Patrolman commencing 7/1/63 at the monthly salary of $500.00. Robert Larrison - Police Dept. - Patrolman commencing 7/15/63 at the monthly salary of $500.00, Officers Thomas Cheetham and Richard Camper were advanced to Inspectors at $638,00 effective July 1st, 1963. All cl&ims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated June 28, 1963, and now on file in the Clerk's Office to which reference is hereby made for further particulars: GG NERAL FUND $ 20,931.34 SPECIAL RECREATIONS PROGRAMS 43.75 PARKS FUND 735.42 EMPLOYEE RETIREMENT FUND 7,781.70 EQUIPMENT & REPLACEMENT FUND 817.15 STORES ACCOUNT FUND 336.91 CAPITAL IMPROVEMENT FUND 124.00 PARKING DISTRICT NO. 1 447.00 LOCH LOMOND HIGHLANDS UNIT 1 242.75 CAPITAL IMPROVEMENT FUND 42,430.05 CHULA VISTA ASSESSMENT DISTRICT 16,270.68 $ 90,160.75 GENERAL FUND 1,576.74 SPECIAL RECREATION PROGRAMS FD. 57.76 PARKS FUND 162.76 CAPITAL IMPROVEMENT FUND 17,326.98 GAS TAX FUND 9,373.96 28,498.20 Council adjourned to July 15th, 1963. Approved this V W. Cf CORNWELL, Depaty City Clerk day of 99 MAYOR OF THE CITY OF SAN RAFAEL V In the Council Chambers of the City ofSan Rafael, Monday, July 15th, 1963 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Harry A. Barbier, Councilman Fred E. Jensen, Councilman On motion of Councilman Aby, seconded by Councilman Baar, the minutes of July 1st, 1963, a true and correct copy thereof having been heretofore submitted to each member were approved. RE: BID OPENING - NORTHGATE INDUSTRIAL PARK UNIT ONE - File 6-18 Deputy City Clerk, W. C. Cornwell reported the results of the bid opening at 2:00 P.M. July 15th, 1963 as follows: E. A. Forde Company P. 0. Box 306 San Anselmo $ 426,654.30 McGuire & Hester 796 -66th Ave., Oakland 12 436,683.00 Ghilotti Bros. Inc. 525 Jacoby Street, San Rafael 271,766.63 140,429.43 412,196.06 0. C. Jones & Sons 4th & Cedar Sts. Berkeley 2 438,242.20 Said bids were referred to Carlos Gonxalez, Engineer of Work for checking. RE: REZONING PARCEL 12-171-08 - 219 Ross Street - File 10-3 Public hearing set for August 5th, 1963. RE: PUBLIC HEARING - APPEAL DECISION OF PLANNING COMMISSION DENIAL OF ARCHITECTURAL APPROVAL - 1703 Fifth Avenue - File 10-5 The hearing was declared opened. City Planner, James Garrett briefed the Council on the reasons for the denial of architectural approval which was the lack of traffic circulation. Mr. Gunter Silmar, owner presented arguments in his own behalf, that to date there had been no pro- blems with traffic. Mr. Garrett suggested to the Council that it be referred back to the Planning Commission that he though an agreement satisfactory to the Commission and Mr. Silmar could be worked out. Mr. Silmar agreed and it was so ordered. RE: PUBLIC HEARING - APPEAL OF DECISION OF THE PLANNING COMMISSION - BERYL SUBDIVISION - File 10-6 Public hearing was declared opened. City Planner, James Garrett briefed the Council on the reasons for the Planning Commission's decision. City Engineer, Dominic Selmi illustrated with drawings the problem of sigh safety at the proposed road intersection with Forbes Avenue. Mr. Raymond Shone, attorney, representing the Heifetz Company presented arguments favoring the pro- posed subdivision, and Mr. Ron Simpkins, Engineer of George Nolte Engineering Company also illustrated on the drawings certain engineering phases of the project, and commented on the safety of the intersection. The hearing was declared closed. Motion was made by Councilman Jensen seconded by Councilman Baar, that the appeal of the decision of the Planning Commission be upheld. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBfI C HEARING - NORTHGATE INDUSTRIAL PARK UNIT 1 - File 6-18 Hearing was declared opened. On the recommendation of Project Engineer, Carlos Gonzales, the motion was made by Councilman Jensen, seconded by Councilman Baar, that all bids be rejected and directed the City Clerk to readvertise the invitation for sealed bids to be opened 2;00 o'clock P. M. on August 5th, 1963. Hearing continued to August 5th. RESOLUTION NO. 2821 - A RESOLUTION OF INTENTION TO MAKE CHANGES AND MODIFICATIONS - NORTHGATE IN- DUSTRIAL PARK, UNIT ONE. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PARKING METER FINES - UNIFORMITY OF - File 11-18 Mr. Leland Jordan, City Attorney of Mill Valley and Sausalito addressed the Council in behalf of the said Cities requesting that San Rafael raise the parking meter bail to $2.00, describing to the Council the problems encountered in parking enforcement, and also the hesitancy on the part of the judges to have a different bail for the same offense. No action. RE: VICTOR JONES PARK - PLANS AND SPECIFICATIONS - File 2-1-24 City Engineer, Dominic Selmi discussed with the Council the drainage as proposed in the plans and specifications which was estimated to cost approximately $12,000.00. The Council set Monday, July 22nd at 5:00 P. M. to make a field trip for discussion of the problem at the site. RE: LEASE AMERICAN LEGION BUILDING - File 2-9 1� _/ 3_/ e David Menary, Jr., City Attorney discussed with the Council the preparation of a lease for the American Legion Building, and also an agreement between the City and the County of joint service for the use of the said building. RESOLUTION NO. 2822 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None The above resolution was passed subject to the agreement with the County of Marin being signed first. RE: AGREEMENT BETWEEN CITY AND COUNTY FOR JOINT SERVICE IN LEASE OF THE AMERCIAN LEGION BUILDING File 4-13-10 RESOLUTION NO. 2823 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: OAK WOODLANDS UNIT TWO - File 6-12 Supervisor of Public Works, Norris Rawles, presented an agreement for tree planting in the above mentioned subdivision. RESOLUTION NO. 2824 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FINAL MAP GLENWOOD 5-A - File 5-1-135 City Engineer, Dominic Selmi presented the final map of Glenwood 5-A. RESOLUTION NO. 2825 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED ''GLENWOOD NO. 5A" Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: TRUCK ROUTES - ORDINANCE AMENDING MUNICIPAL CODE - File 11-1 Supervisor of Public Works, Norris Rawles, presented an ordinance establishing truck routes. An ordinance amending title 5, Chapter 5.52 Section 5.52.020 of the San Rafael Municipal Code and Designating certain streets as truck routes and restricting the use of all other streets, and numbering Charter Ordinance No. 777 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier, Jensen, and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PARK COMMISSION APPOINTMENT - File 9-2-4 Motion was made by Councilman Jensen, seconded by Councilman Baar, that Charles Tacchi be appointed to the Board to replace Thomas Boyd. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Aby, seconded by Councilman Jensen, that Carl Brown be re- appointed. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Counci lrm n: None Absent: Councilmen: None RE: BUDGET 1963-64 - File 8-5 Preliminary budget for fiscal year 1963--64 was presented. Motion was made by Councilman Aby, seconded by Councilman Jensen, that the preliminary budget with the revenue estimate of $2,533,093.00 and expenditures estimate of $2,908,171.00 be adopted. Ayes: Councilmen: Aby, Baar, Barbier, Jensen andMayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: SALARIES, POSITIONS AND REGULATIONS - File 7-3-1 RESOLUTION NO. 2826 - A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL PROVIDING FOR CERTAIN OFFICERS, ASSISTANTS, DEPUTIES, CLERICS AND EMPLOYEES OF THE CITY OF SAN RAFAEL AND FIXING THE COMPENSATION AND WORKING CONDITIONS THEREOF. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: SALE OF CITY HALL PROPERTY - F'le 12-2 x 2-10 The Council discussed with Mr. Roy Brown, Wishard Brown and Mr. A. E. Bagshaw, attorney, the sale of the City Hall property. Motion was made by Councilman Aby, seconded by Councilman Baar, that an appraisal of the prop- erty be made. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: SEPTIC TANK REGULATIONS - File 12-6 Andrew Thomas, Building Inspector presented a study of the difference between the County and the City's regulations concerning septic tanks. After discussion, the Council referred the matter to the Building Inspector and Sanitation District Board for study and recommendations. RE: AEROJET GENERAL CORPORATION - File 13-1 -� /l c Letter from Aerojet General Corporation assuring the Council that the noise as a result of the test will barely be audible at the nearest point of land. Ordered filed. RE: LEASE PORTION -OF OLD BATH HOUSE PROPERTY - File 2-10 Letter of Mr. James R. Gordon requesting to lease a portion of the property adjacent to the Lincoln Avenue Parking lot was noted. Council directed Tom Goodale, Administrative Assistant to notify Mr. Gordon that the City was not interested in leasing any portion of the land. RE: APPEAL DECISION OF THE PLANNING COMMISSION - USE PERMIT VETERINARY CLINIC M. B. SHENSON, D.V.M. - File 10-5 Public hearing was set for August 5th, 1963. RE: APPEAL DECISION OF THE PLANNING COMMISSION - TENTATIVE MAP OF RAFAEL WOODS - CHARLES F. DAGLOW - File 10-6 Public hearing was set for August 5th, 1963. RE: FIRE ZONES - File 9-8 Letter from Associated Home Builders, Inc. requesting that the construction industry which is vitally interested in fire zones in a P -C District, be consulted before the ordinance is drafted. The Council directed Tom Goodale, Administrative Assistant to request the builders to submit their opinions and recommendations regarding the proposed fire zone. RE: ASSESSED VALUATIONS - File 9-12 Councilman Fred Jensen reported he had read an article in the Independent Journal which stated that business property had not been reassessed at the same time that residential property was revalued, which was not equalizing the valuation between the home owner and the business owner, and felt that some action should be taken to remedy the situation. The Council agreed. No action. RE: FREEWAYS AND STATE HIGHWAYS - File 11-16 Supervisor of Public Works, Norris Rawles, reported on a meeting he attended of the State Chamber of Commerce, the Division of Highways, and the Board of Supervisors, that of the re- commended freeways in Marin County, San Rafael was number one on the priority list by the re- commendation of the State Chamber d Commerce and the Board of Supervisors. RE: PERSONNEL - File 7-5 The Council authorized Charles Bentivegna, Yard Clerk be advanced to Maintenance Man at $410.00 per month effective 7/1/63. Edward Johansson, Senior Engineering Aide be advanced to Jr. Civil Engineer, at $525.00 per month effective 7/1/63. Richard P. Endy be hired as a Senior Engineering Aide at $453.00 per month effective July 15th, 1963. Dorothy Carolyn Meyers be hired as Steno -Clerk, Public Works at $336.00 per month effective July 22nd, 1963. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated July 15th, 1963, and now on file in the Clerk's office to which re- ference is hereby made for further particulars: Council adjourned. GENERAL FUND $ 36,574.58 CAPITAL IMPROVEMENT FUND 269.80 SPECIAL REC. PROGRAMS FUND 183.21 PARKS FUND 1,857.31 EQUIPMENT & REPLACEMENT FUND 954.63 STORES FUND 24.76 PARKING DISTRICT NO. 1 FUND 60.74 CHULA VISTA ASSESSMENT DISTRICT 8,838.90 $ 48.763.93 C. CORNWELL, Depu y City Clerk Approved this day of 19 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the Ci,y of San Rafael, Monday, August 5th, 1963 at 8:00 o'clock P.M. Regular Meeting RE: APPROVAL OF MINUTES Present: John F. McInnis, M ayor Charles W. Aby, Councilman Louis H. Baar, Councilman Harry A. Barbier, Councilman Fred E. Jensen, Councilman On motion of Councilman Baar, seconded by Councilman Aby, the minutes of July 15th, 1963, a true and correct copy thereof having been heretofore submitted in writing to each member were approved. RE: NORTHGATE INDUSTRIAL PARK UNIT ONE - File 6-18 Deputy City Clerk, W. C. Cornwell reported the following bids had been received, opened and read at 2:00 o'clock P. M., and had been referred to Carlos E. Gonzales, Engineer of Work for checking and recommendations. Public hearing on Resolution of intention to make changes and modifications, the hearing was declared opened. Kenneth Jones, attorney for the district briefed the Council on the final results of the bids which would total $708,159.51. Lee Obercamper, Engineer stated that the above amount being the total assessment would be spread in accordance to the benefit of each parcel in the district. RESOLUTION NO.2827 - A RESOLUTION ORDERING CHANGES AND MODIFICATIONS - Northgate Industrial Park, Unit One. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilman: None Absent:Councilmen: None RESOLUTION NO. 2828 - A RESOLUTION AND ORDER ADOPTING ENGINEER"S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS - Northgate Industrial Park, "nit One. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2829 - A RESOLUTION OF AWARD OF CONTRACT - Northgate Industrial Park, Unit One. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2830 - A RESOLUTION AWARDING SALE OF BONDS - Northgate Industrial Park, Unit One. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2831 - A RESOLUTION DESIGNATING COLLECTION OFFICER - Northgate Industrial Park, Unit One. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2832 - A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR ACQUISITION OF IMPROVEMENTS- Northgate Industrial Park, Unit One. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2832-A - A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS - Northgate Industrial Park, Unit One. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Public Hearing was declared closed. Public hearing continued from meeting of July 15th as set by Resolution No. 2815 "A resolution of intention to sell electric distribution and telephone improvements within Northgate Indus- trial Park, Unit Oneg in the City of San Rafael and providing for notice and hearing thereon" was declared opened. Upon the request of attorney, Kenneth Jones, it was continued to August 19th. (1) (2) Total E. A. Forde Co Box 306, San Anselmo 253,881.55 154,293.35 408,174.90 McGuire Hester 796 -66th Ave., Oakland265,867.00 174,715.50 440,582.50 Ghilotti Bros. 525 Jacoby St. S.R. 257,691.43 140,984.10 398,675.53 Linscott Co. 30 Belvedere Co. S.R. 244,437.75 148,584.95 393,022.70 Williams Const. Co. 2406 Sacramento St., Vallejo 257,266.20 175,663.25 432,929.45 Public hearing on Resolution of intention to make changes and modifications, the hearing was declared opened. Kenneth Jones, attorney for the district briefed the Council on the final results of the bids which would total $708,159.51. Lee Obercamper, Engineer stated that the above amount being the total assessment would be spread in accordance to the benefit of each parcel in the district. RESOLUTION NO.2827 - A RESOLUTION ORDERING CHANGES AND MODIFICATIONS - Northgate Industrial Park, Unit One. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilman: None Absent:Councilmen: None RESOLUTION NO. 2828 - A RESOLUTION AND ORDER ADOPTING ENGINEER"S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS - Northgate Industrial Park, "nit One. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2829 - A RESOLUTION OF AWARD OF CONTRACT - Northgate Industrial Park, Unit One. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2830 - A RESOLUTION AWARDING SALE OF BONDS - Northgate Industrial Park, Unit One. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2831 - A RESOLUTION DESIGNATING COLLECTION OFFICER - Northgate Industrial Park, Unit One. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2832 - A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR ACQUISITION OF IMPROVEMENTS- Northgate Industrial Park, Unit One. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2832-A - A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS - Northgate Industrial Park, Unit One. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Public Hearing was declared closed. Public hearing continued from meeting of July 15th as set by Resolution No. 2815 "A resolution of intention to sell electric distribution and telephone improvements within Northgate Indus- trial Park, Unit Oneg in the City of San Rafael and providing for notice and hearing thereon" was declared opened. Upon the request of attorney, Kenneth Jones, it was continued to August 19th. RE: PUBLIC HEARING REZONING PARCEL 12-171-08 - 219 Ross Street - File 10-3 The hearing was declared opened. City Planner, James Garrett briefed the Council on existing conditions which prompted the request for rezoning by Dr. Robert Oslar. Mr. Robert Roumiguiere representing the owner presented arguments in favor of granting the rezoning. There being no one appearing against, the hearing was declared closed. An ordinance amending the zoning map of the City Of San Rafael, California adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to re- classify certain real property from an R-1 (Single Family Residential) District to an R-2 (Duplex Residential) District, and numbering Charter Ordinance No. 778 read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: Aby Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL DECISION OF THE PLANNING COMMISION - VETERINARY CLINIC - MONTECITO SHOPPING CENTER - File 10-5 Hearing was declared opened. City Planner, James Garrett briefed the Council on the application for an out patient clinic and its operation. The proprietress of a dress shop adjoining the proposed location of the clinic presented arguments against granting the use permit. Dr. Shenson and Associates presented architects drawings and pictures of the proposed operation. The hearing was continued to August 19th to enable the Council to sample the opinions of people in the immediate area. RE: PUBLIC HEARING - APPEAL DECISION OF PLANNING COMMISION - MAP OF RAFAEL WOODS - File 10-6 Public hearing was declared opened. City Planner, James Garrett presented a revised tentative map showing the proposed subdivision and read certain conditions imposed by the Plan- ning Commission and the City Engineer which had been agreed to by the subdivider. The City Engineer, Dominic Selmi also explained certain phases of the development. Mr. Schaaf, Engineer of the project and representing the developeridescribed the details of the proposed development. Mr. Charles Daglow, Clarence Bowman, Mr. Hart, Robert Burr, Earl Turner and Mrs. Dooley, and the President of the Bret Harte Improvement Association all presented arguments against the proposed subdivision. Louis Milani and Oliver Somers brought certain matters to the attention of the Council which they thought should be considered. The hearing was declared closed. Motion was made by Councilman Baar, and seconded by Councilman Jensen, to uphold the appeal from the decision of the Planning Commission. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: OPEN DITCH ADJACENT TO MIRACLE MILE - File 100 Mr. Eugene O'Connor addressed the Council regarding the open ditch along the Miracle Mile in the vicinity of Marquard Avenue expressing his opinion that drainage facilities should be installed for safety. RE: DRAINAGE - CLARK STREET - File 5-1-120 Mr. Virginio Regalia of Clark Street brought to the attention of the Council the engineer- ing of the drainage from Toyon Estates which in his opinion was inadequate. The matter was referred to the Public Works Department for review and recommendation. G9`_-'-clam'/l ly RE: DIVIDING STRIP - THIRD STREET - wes-t - File 11-1 Mr. Muttersbach, owner of the Tidewater Oil Company Distributing Plant on East Third Street addressed the Council regarding crossing the island opposite the present distributing plant, in- forming the Council that it was causing a great inconvenience to his employees and customers. The matter was referred to the Traffic Committee for solution and recommendation. RE: NEW CITY HALL SITE - File 12-2 x 2-1 Deed for the Stanley property was presented. Motion was made by Councilman Aby, and seconded by Councilman Baar, authorizing the City Clerk and Finance Officer to draw a warrant for $191,500.00, to be placed in escrow for the purchase of the Stanley property. RESOLUTION NO. 2833 - RESOLUTION ACCEPTING DEED (Stanley Property) Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Aby, seconded by Councilman Baar, authorizing the City Clerk and Finance Officer to draw a warrant for $161,000.00, to be placed in escrow for the purchage of the Robinson property. RESOLUTION NO. 2834 - RESOLUTION ACCEPTING DEED (Robinson Property) Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: TAXICABS - TRANSFER OF LICENSE - File 9-9 Letter of ;.ouis J. Milani requesting that the license application of Mr. Robert C. Jennings be granted. Also, a letter from Mr. Robert C. Jennings requesting that he be issued a license to operate 11 taxicabs in the City of San Rafael was presented. Mr. Kaufmann, attorney, repre- senting Mr. Milani and Mr. Jennings explained to the Council that the taxicab business was in the process of being sold and incorporated, and they were awaiting the final incorporation documents to be known as San Rafael Taxicabs, Inc. Motion was made by Councilman Jensen, and seconded by Councilman'Barbier, approving the transfer of the permits upon the receiving of the incorporation papers. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: IMPROVEMENT 4 LOT SUBDIVISION ADJACENT TO MOUNTAIN PARK HEIGHTS - File 5-1-136 Motion was made by Councilman Baar, seconded by Councilman Aby, authorizing the Mayor and City Clerk to sign an agreement with Morris E. Burch and Robert W. Thomson for completion of the improvement work in the above subdivision. RE: PDRTO BELLO CONDOMINIUM - File 5-1-137 RESOLUTION NO. 2835 - RESOLUTION ACCEPTING GRANT OF EASEMENTS FOR PUBLIC UTILITIES, SANITARY SEWERS, AND STORM SEWERS FROM THE SAN RAFAEL NEWPORT COMPANY. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2836 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Street Purposes - SAN PEDRO RD. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None being a 20 foot strip for widening San Pedro Road from San Rafael Newport Company. The final map of Porto Bello Condominium was presented by City Engineer, Dominic Selmi. RESOLUTION NO.2838 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION "PORTO BELLO CONDOMINIMUM SUB- DIVISION" Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None. RE: RESURFACING VARIOUS STREETS - File 4-1-95 City Engineer, Dominic Selmi presented plans and specifications for resurfacing various streets. RESOLUTION NO. 2837 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR RESURFACING OF VARIOUS STREETS - PROJECT 61. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FINAL MAP NORTHGATE INDUSTRIAL PARK - File 5-1-138 City Engineer, Dominic Selmi presented the final map of Northgate Industrial Park. RESOLUTION NO.2840 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "NORTHGATE INDUSTRIAL PARK"' Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FINAL MAP OF GRACELAND PARK UNIT 11 - File 5-1-139 City Engineer, Dominic Selmi presented the final map of Graceland Park, Unit 2 RESOLUTION NO. 2841 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "GRACELAND PARK, UNIT 2" Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: Vone Absent: Councilmen: None R E: F I NAL MAP OF OAKMONT TERRACE - File 5-1-140 City Engineer, Dominic Selmi presented the final map of Oakmont Terrace. RESOLUTION NO. 2842 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "OAKMONT TERRACE" Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FINAL(MAP OF EAST HARBOR ESTATES CONDOMINIUM - File 5-1-141 City Engineer, Dominic Selmi presented the final map of East Harbor Estates Condominium. RESOLUTION NO. 2839 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "EAST HARBOR ESTATES CONDOMINIUM SUBDIVISION" Aygs.* Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT NO. 64 - WILLIAM F. BARBER - File 2-11 Motion was made by Councilman Baar, seconded lby Councilman Aby, granting Encroachment Permit No. 64 to William F. Barber, 204 Southern Heights Blvd. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT NO 65 - GAITHER & COMPANY - File 2-11 Motion was made by Councilman Jensen, seconded by Councilman Aby, granting Encroachment Permit No. 65 to Gaither and Company, 216 Coleman Drive. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 777 - ESTABLISHING TRUCK ROUTES - File 11-1 CHARTER ORDINANCE NO. 777 - An ordinance amending Title 5, Chapter 5.52, Section 5.52.020 of the San Rafael Municipal Code and designating certain streets as truck routes and restricting the use of all other streets, and numbering Charter Ordinance No. 777 was passed and adopted as an ordinance of the City of San Rafael by the following votes, to wit: Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FIRE STATION GLENWOOD - File 12-3 An agreement for the purchase of tax deeded property from the County of Marin to City of San Rafael under Section 3771, Et. Seq. Revenue and Taxation Code was presented. The parcels to be deeded are 186-181-05 and 06 being adjacent to the proposed Glenwood Fire Station. RESOLUTION NO. 2843 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: SALE OF CITY PROPERTY - INTERSECTION OF MIRAMAR AND MIRAFLOR ES - File 2-7 An ordinance providing for the sale of municipally owned real property in th,e City Of San Rafael, California, known as Assessor Parcel No. 12-052-02, and numbering Charter Ordinance No. 779 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: COLEMAN HEIGHTS SUBDIVISION - File 8-15 Motion was made by Councilman Jensen, seconded by Councilman Barbier, authorizing the City Treasurer to release to John Brusati $6,414.30 of the Cash Bond on deposit with the City Treasurer for improvement work completed in Coleman Heights Subdivision. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: APPEAL DECISION OF PLANNING COMMISSION - REZONING PARCEL 14-063-25 and the Westerly 30' of 14-063-07 - File 10-3 Letter appealing the decision of the Planning Commission from Mr. John A. Moran was read. Public hearing was set for August 19th. RE: APPEAL DECISION OF PLANNING COMMISSION DENIAL OF USE OF JEWELL COURT - File 10-6 Letter of Mr. John A. Moran was presented appealing the decision of the Planning Commission denying the use of Jewell Court as access to parcel 14-063-19 and 20. Public hearing was set for August 19th. RE: TAX RATE 1963-64 - FISCAL YEAR - File 9-12-1 Council discussed setting of the tax rate for fiscal year 1963-64. Action was held over to August 19th to enable the Council to make a further study of the budget. RE: ANNUAL AUDIT REPORT - H. D. KLINKER 1962-63 - File 8-1 The annual audit report by H. D. Klinker, Public Accountant was presented and ordered filed. RE: CLAIMS FOR DAMAGES - MR. & MRS. HOWARD TRUMBLY- File 3-1 Letter of Mr. & Mrs. Howard Trumbly owners of the property adjacent to the Sun Valley School Playground requesting the City pay for the replacement of a large plate glass window in their home. Bill attached was in the amount of $93.34. The matter was referred to the City Attorney, David Menary, Jr., for recommendation. RE: REMOVAL OF EUCALYPTUS TREES - LINDEN LANE - File 11-6 Letter of Dr. William R. Eastman, Jr. of 1680 Linden Lane informing the Council he had received a definite proposal to remove the trees to within one foot of the ground for $2,475.00 and requesting the City to pay 25% of that amount which the Council had obligated the City to do previously. Motion was made by Councilman Aby and seconded by Councilman Jensen, that City Attorney, David Menary, Jr. draw an agreement between the City and the Contractor for removing the trees and that Dr. Eastman deposit with the City 75% of the Cost. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: TAXES AND TAXATION - File 9-12 Letter from County Assessor, B. W. Broemmel in reply to Mayor McInnis' letter of July 17th asking for clarification of reported inaccuracy of appraisals was received and ordered filed for study. RE: OAK WOODLANDS UNIT -.TWO ASSESSMENT DISTRICT - File 6-12 Numerous documents regarding Oak Woodlands Assessment District Unit Two were presented for Council consideration. Certificate of Engineer of Work certifying that the work improvements were completed was filed. RESOLUTION NO. 2844 - RESOLUTION AUTHORIZING AND DIRECTING THE FILING OF AN AMENDED ENGINEER'S ESTIMATE OF COST OF IMPROVEMENTS IN OAK WOODLANDS UNIT TWO ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2845 - RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION OF IMPROVEMENTS IN OAK WOODLANDS UNIT TWO ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MAR4 N COUNTY, CALIF. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: APPEAL OF DECISION;OP PLANNING COMMISSION - PHILIP ROSENBERG - File 10-6 Letter appealing the decision of the Planning Commission for permission to subdivide parcel 10-277-08 was received. Public hearing was set for August 19th. RE: TRANSFER OF FUNDS - File 8-14 Motion was made by Councilman Jensen, seconded by Councilman Baar, that the Finance Officer was directed to transfer from unbudgeted reserve to the following .budget accounts: Account No• 55 25-266 25-265 80-250 25-360 25-270 $39,000.00 - Acquisition of property for City Hall. 2,000.00 - Operation of rental properties, Robinson, Howard, Stanley, etc. 300.00 - Fourth Street Basket garbage removal. 225.00 - 1 Model 86 Tukleim Gas Pump 1,600.00 - Comprehensive Liability Policy 5,000.00 - Legal fees for Bret Harte Drainage Dist. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: DRAINAGE BRET HARTE DISTRICT - File 12-9 City Engineer, Dominic Selmi presented a letter from the Northwestern Pacific Railroad Company informing the Council that they were prepared to begin construction on the trestle which the Council had agreed to contribue $5,000.00 toward its construction. The matter was referred to the Engineer and Attorney to work out an agreement with the Railroad. RE: PERSONNEL - File 7-5 City Authorized City Engineer, Dominic Selmi to attend a course given by the University of California entitled "Public Works Administration". Registration fee $35.00 plus traveling expenses. Authorized City Manager, Dan Andersen and Building Inspector, Andrew Thomas to screen and recommend the hiring of an Assistant Building Inspector. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated August 5th, 1963, and now on file in the Cleric's office to which iraference is hereby lRiade for further particulars: GENERAL FUND $ 15,226.11 CAPITAL IMPROVEMENT FUND 1,483.10 GAS TAX FUND 16,196.09 SPECIAL RECREATION PROGRAMS FD. 271.50 PARKS FUND 524.91 EMPLOYEE RETIREMENT FUND 6,367.11 EQUIPMENT & REPLACEMENT FUND 914.83 STORES ACCOUNT FUND 613.51 OAK WOODLANDS UNIT 2 ASSESSMENT DIST. 9,460.56 MARIN BAY IMPR. DIST. 2 59,811.74 LOCH LOMOND HIGHLANDS UNIT 1 345.25 NORTHGATE INDUSTRIAL PARK, UNIT ONE 35.25 $111,249.97 CAPITAL IMPROVEMENT FUND Council adjournced to August 19th, 1963 $252,500.00 Approved this day of 1963 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, August 19th, 1963 at 8:00 O'oclock. Regular Meeting: Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Harry A. Barbier, Councilman Fred E. Jensen, Councilman RE: APPROVAL OF MINUTES On motion of Councilman Aby, seconded by Councilman Baar, the minutes of August 5th, 1963 a true and corr ct copy thereof having been heretofore submitted in writing to each member were approved. RE: OPENING OF BIDS - RESURFACING VARIOUS STREETS - FILE 4-1-95 The following bids were received, opened and read: E. A. Forde, P. 0. Box 306, San Anselmo Brown Ely Company 45 Sir Francis Drake Blvd, E. San Rafael Ghilotti Bros. 525 Jacoby Street, San Rafael Lee Mac Paving RESOLUTION NO. 2846 - AWARD OF CONTRACT (E. A. FORDE COMPANY) Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: NORTHGATE INDUSTRIAL PARK UNIT ONE - File 6-18 $24,287.14 $25,573.94 $25,643.90 $28,842.90 Public hearing continued from August 5th meeting was declared opened. Mr. Randolph, attorney presented agreements for the sale of the electric facilites to the P. G. & E. in the above district. There being no one appearing for or against, the said sale, the hearing was declared closed. RESOLUTION NO. 2851 - A RESOLUTION ORDERING THE SALE OF ELECTRIC DISTRIBUTION AND TELEPHONE IMPROVEMENTS WITHIN NORTHGATE INDUSTRIAL PARK, UNIT ONE IN THE CITY OF SAN RAFAEL. Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - VETERINARY CLINIC - MONTECITO SHOPPING CENTER - File 10-5 The hearing regarding the appeal of the decision of the planning commission of the proposed animal clinic was opened. City Planner, James Garrett briefed the Council on the proposed installation and operation of an out patient clinic. Mr. A. Blumenfeld of the Montecito Shopping Center assured the Council that they would not consider allowing any commercial installation which would annoy the other tenants. Dr. Shenson presented architects drawing of the proposed floor plan and ventilation system and answered questions asked by the Council regarding the use of the premises. Mr. Steven W. Bauer, General Manager of Goodman Builders Emporium spoke in favor of. Mrs. Anderson, a partner of Encore of Marin spoke against and felt that the petition had been presented against allowing the proposed animal clinic was a true feeling of the adjacent merchants. The hearing was declared closed. On motion of Councilman Jensen, seconded by Councilman Aby, the appeal of the decision of the planning commission was upheld. Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - REZONING PARCEL 14-063-05 & 30 FEET OF 14-063-07 - MORAN - File 10-3 City Planner, James Garrett briefed the Council on the request for a rezoning calling the Council's attention to the use of Jewell Court and illegal subdivision which was involved in the parcel to be rezoned. Mr. Lance Moran spoke and presented arguments for granting the rezoning. Mrs. Gedge W. Knopf, Mr. Wendell Slayton, C. Farini, Dorothy Chuche and Mr. Wagner all presented arguments for the denial of the rezoning. The hearing was declared closed. The motion was made by Councilman Baar, seconded by Councilman Aby that the appeal of the planning commission be denied. Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: RE: RE: PUBLIC HEARING - USE OF JEWELL COURT - File 10-6 Public hearing of the appeal of the Planning Commission's decision on the use of Jewell Court as ingress and egress to parcels 14-063-19 and 20 was declared opened. City Planner, James Garrett briefed the council on the deed calls and the technicalities involved in the use of Jewell Court for egress and ingress to said parcels. After discussion the public hearing was continued to September 3rd. PUBLIC HEARING - APPEAL DECISION OF PLANNING COMMISSION - SUBDIVISION OF PARCEL OF LAND - PHILIP ROSENBERG - File 10-5 Public hearing was declared opened. Mayor McInnis read a letter from attorney Leland H. Jordan that the hearing be continued to September 16th. Members of the audience interested in the hearing did not express themselves, therefore the hearing was continued to September 16th. SALE OF PRESENT CITY HALL PROPERTY - File 12-2 x 2-1 The Council discussed the existing City Hall Property. The motion was made by Councilman Aby, seconded by Councilman Barbier that the City Hall be put to public bid, and terms of the sale to be determined at the time of sale. Ayes: Councilmen: Aby, Baar, Barbier, Mayor Mtlnnis Noes: Councilmen: Jensen Absent: Councilmen: None The terms of the sale were referred to the City Manager and City Attorney to prepare a form for the purchase. This was done over the objection of Councilman Jensen. RE: PROPOSED UNDERGROUND ORDINANCE - File Action on the proposed underground ordinance was deferred to the meeting of September 3rd. RE: REQUEST OF PROPERTY OWNERS TO LANDSCAPE CITY PROPERTY AT SCENIC AVENUE.CRESCENT DRIVE AND BAYO VISTA WAY - File 2-11 A request by propfa,ty owners to landscape City property at Scenic Avenue, Crescent Drive and Bayo Vista was discussed. On motion of Councilman Jensen, seconded by Councilman Aby, the request was granted with conditions to be stipulated by the Public Works Department. Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: TOYON ESTATES SUBDIVISION - File 5-1-120 A motion was made by Councilman Aby and seconded by Councilman Jensen to release $5,125.41 of the Cash Bond for the work which has been completed to the satisfaction of the City Engineer. Ayes: Councilmen: Aby, Baar, Barbier, Jensen Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT NO. 66 - 241 COLEMAN DRIVE - MAXWELL - File 2-11 The motion was made by Councilman Aby, seconded by Councilman Barbier that the encroach- ment permit #66 be granted. Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT NO. 67 - SAN FRANCISCO BLVD. & TIBURON STS - •Rf6flFtELD OIL CO. - File 2-11 The motion was made by Councilman Jensen & seconded by Councilman Baar that the encroach- ment permit #67 be granted. Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: TAX RATE - FISCAL YEAR 1963-1964 - File 9-12-1 The Council discussed the fixing of the tax rate for the coming fiscal year 1963-64. �, g Lf 7 RESOLUTION NO. - RESOLUTION FIXING THE RATE OF TAXES FOR FISCAL YEAR 1963-64 Ayes: Councilmen: Baar, Jensen & Mayor McInnis Noes: Councilmen: Aby, Barbier Absent: Councilmen: None RE: METER MINDERS - RESULTS OF TEST - File 11-8 The members of the Council discussed the installation of attachment to the meter. It was brought to their attention that the meter cannot be water -proofed and that the cables on the street was a problem for the street sweeper. A member of the audience spoke against parking meters in general. Further discussions were referred to September 3rd meeting. RE: APPEAL DECISION OF PLANNING COMMISSION DENIAL OF VARIANCE #751 - KAY S. JUE - FILE 10-4 Letter of Kay S. Jue appealing the decision of the Planning Commission was presented. Public hearing was set for September 3rd. RE: VARIANCE TO ALLOW PROJECTION INTO 2.5 FEET EASTERLY SIDE OF MIDWAY ROAD - File 10-2 City Planner, James Garrett explained the variance request. It was referred back to the City Planner for clearance with the P. G. & E. for possible interference with utility easements. RE: VARIANCE TO ALLOW 6.5 FEET PROJECTION INTO 17 FEET SET BACK OF FIRST ST. - File 10-2 The City Planner, James Garrett explained the variance request and presented architectural drawings which illustrated the reasons for the request. City Manager was directed to check with the State Highway Engineering Department regarding the location of the proposed off -ramp leading from Highway 101 to San Anselmo so that the planning department and City Council could determine whether it is necessary to retain the 17 foot set -back for the widening of First Street. RE: FINAL MAP - PEACOCK HILL CONDOMINIUM UNIT ONE - File 5-1-141 City Planner James Garrett presented the map of Peacock Hill Condominium Unit 1. RESOLUTION NO. 2850 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "PEACOCK HILI CONDOMINIUM, UNIT ONE" Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: None Absent: None RE: NORTHGATE INDUSTRIAL PARK UNIT ONE - File 6-18 RESOLUTION NO. 2848 - A RESOLUTION GRANTING CONSENT OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO THE LAS GALLINAS VALLEY SANITARY DISTRICT TO UNDERTAKE PROCEEDINGS TO CONSTRUCT SANITARY SEWERAGE FACILITIES AND TO PROVIDE THAT THE COSTS SHALL BE ASSESSED ON THE DISTRICT BENEFITED UNDER APPROPRIATE SPECIAL ASSESSMENT AND ASSESSMENT BOND PROCEEDINGS. Baar Ayes: Councilmen: Aby,I'Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: EXTENSION OF THIRD STREET WESTERLY (BORDENAVE PROPERTY - 98 SHAVER ST.) - File 2-2 The motion was made by Councilman Jensen and seconded by Councilman Aby that the Finance Officer be authorized to draw a warrant in the amount of $17,000.00 to be placed in escrow for the purchase of the Bordenave property, 98 Shaver Street. RESOLUTION NO. 2849 - RI:SOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM OF HOWARD & ELIZABETH TRUMBLY - File 3-1 On recommendation of the City Attorney, David Menarr/, Jr., the verified claim of Howard hnd Elizabeth Trumbly in the amount of $93.94 was denied. RE: CHARTER ORDINANCE NO. 778 - REZONING 219 ROSS ST. PARCEL 12-171-08 - File 10-3 x 1-2 CHARTER ORDINANCE NO. 778 - An ordinance amending the zoning map of the City of San Rafael, Cal- ifornia, adopted by reference by Section 14.12.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from an R-1 (Single family residential) district to an R-2 (Duplex residential) district and numbering Charter Ordinance No. 778 was passed and adopted as an ordinance of the City Of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 779 - SALE OF CITY PROPERTY - PARCEL 12-052-02 - File 2-7 CHARTER ORDINANCE NO. 770 - An ordinance providing for the sale of municipally owned real property in the City of San Rafael, California, known as Assessor's Parcel 12-052-02, and numbering Charter Ordinance No. 779 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes, Councilmen: None Absent: Councilmen: None RE: CLAIM AGAINST CITY OF SAN RAFAEL - WINIFRED RICE - File 3-1 On advice of City Attorney, David Menary, Jr., the claim of Winifred Rice in amount of $145.92 was denied. RE: THIRD STREET EASTERLY - File 2-2 The report by Supervisor of Public Works, Norris Rawles, Chairman of the Traffic Com- mittee regarding the crossing of the island dividing strip adjacent to the Tidewater Oil Company distributing plant opposite the access opening which was formerly High Street was presented with a diagram showing the proposed plan. It was brought to the Council's attention that the plan as presented was not good traffic planning. Motion by Councilman Jensen, seconded by Councilman Barbier that a crossing through the island be constructed after consulting with the High School as to their preferred location. Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: UNITED CRUSADE - File 9-5-U Letter of Mr. Byron W. Leydecker, Chairman of United Crusade requesting that payroll deductions be made by those who authorize contributions to fund. Finance Officer, W. L. Morgan explained that the bookkeeping machine is not equipped to make any further deductions. No action taken RE: SMALL BOAT LAUNCHING RAMP - File 9-5-M Letter from the Marin Rod & Gun Club suggesting that the City request from the State Wild Life Conservation Board, that they install a small boat launching ramp and parking area on the property owned by the City adjacent to the Standard Oil Distributing Plant. City Manager, Dan Andersen was directed to notify the Marin Rod & Gun Club that the City was considering the sale of the property and the construction of a ramp would not be feasible. R E: R I CHMOND SAN RAFAEL BR I DG E TOLLS - F i l e 11-2- / Letter of the State Of California Highway Transportation Agency explained to the City why the tolls on the Richmond -San Rafael Bridge cannot be reduced was read, noted and ordered filed. RE: PARKING SIGNS LINCOLN AVENUE BY MISSION AND FIFTH - File 11-8 Letter of Patricia R. Levin complaining that parking limit signs on the West side of the street are not visible because of trees. The matter was referred to Public Works Department. RE: USE PERMIT - USE CAR LOT - Parcel 17-107-01 - File 10-1 Motion was made by Councilman Baar, seconded by Councilman Aby, that Doug Dicker be issued use permit #1094 approving the use of Parcel 17-107-01 in East San Rafael as a used car lot. Ayes: Councilmen: Aby, Baar, Barbier, J3nsen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None The above permit was issued in accordance to Charter Ordinance No. 722 RE: REQUEST VEHICLE FOR POLICE DEPARTMENT - File 9-3-30 Letter from Chief of Police, Charles J. Chiesa requesting purchase of campact auto for investigation work was referred to City Manager for recommendation. RE: BRET HARTE DRAINAGE - File 12-9 Supervisor of Public Works, Norris Rawles reported that the City Attorney David Menary, Jr. had informed him that it would be legal for the City to enter into an agreement with the N,W.P.R.R, for the construction of a trestle over the existing drainage ditch. The motion was made by Councilman Jensen and seconded by Councilman Barbier authorizing the Mayor and City Clerk to execute an agreement with the N.W.P.R.R. for the construction of the above mentioned trestle. Ayes: Councilmen: Aby, Baar, Barbier, Jensen & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Mr. Ciampiasked the Council for information on what was being done on the cleaning of and construction of a levee along Mahonk Creek. The Council informed Mr. Ciampi that they were waiting the Highway's purchase of property which would enable them to widen the creek. R E: RE: DRAINAGE FROM TOYON ESTATES - File 100 This matter had been referred to the Public Works Department for study in the August 5th meeting. Supervisor of Public Works, Norris Rawles reported they have no recommendations at this time, but would present them at the September 3rd meeting. PERSONNEL - File 7-5 The motion was made by Councilman Aby, seconded by Councilman Barbier authorizing the following personnel actions: James Patrick Kelly from Maintenance Man to Equipment Operator, 5th step, at salary $512.00 per month effective August 16, 1963. Joseph F. Caputo, Yard Clerk, Street Department, 1st step, at salary $297.00 effective August 13, 1963. Walter D. Purton, Building Inspector, 1st step, at salary $525.00, effective August 15, 1963. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated August 19th, 1963, and now on file in the Clerk's office to which reference is hereby made for further particulars: GENERAL FUND SPECIAL RECREATIONS PROGRAMS FUND PARKS FUND EQUIPMENT & REPLACEMENT FUND STORES FUND PARKING DISTRICT FUND GAS TAX FUND CAPITAL IMPROVEMENT FUND LOCH LOMOND HIGHLANDS UNIT 1 FUND CHULA VISTA ASSESSMENT DIST. FOND NORTHGATE INDUSTRIAL PARK UNIT 1 FUND Council adjourned t er 6; Approved this $ 18,360.45 377.12 450.32 2,123.73 46.11 64.11 9,519.02 19,517.46 19,491.54 39,165.35 203.50 $ 109,318.71 W. C. CORNWELL - DEPUTY day of 1963 L MAYOR OF THE CITY OF SAN RAFAEL Absent: Louis H. Baar, Councilman RE: APPROVAL OF MINUTES On motion of Councilman Aby, seconded by Councilman Jensen, the minutes of August 19th, 1963, a true and correct copy thereof having been heretofore submitted in writing to each member were approved. RE: PUBLIC HEARING - APPEAL DECISION OF THE PLANNING COMMISSION DENIAL OF VARIANCE 751 - KAY S JUE - Fil.e 10-4 Hearing was declared opened. James Garrett, City Planner briefed the Council on the reasons for the action of the Planning Commission that being there was to much area in the building for the area of land in accordance to the ordinance. Richard Bohm, Architect explained to the Council why the overage in square feet had occurred. Following a discussion by the Council, the hearing was declared closed. Motion was made by Councilman Aby, seconded by Councilman Jensen, that Variance 751 be granted. REt PUBLIC HEARING - INGRESS AND EGRESS OF JEWELL COURT - PARCELS 14-063-19 and 20 - MORAN - File 10-6, Hearing was declared opened. James Garrett, City Planner briefed the Council on the con- ditions that exist on the ground and in deeds regarding the private easement called Jewell Court. Mr. Moran addressed the Council and explained that they intended to use the easement in the con- struction of the 20 units proposed on the above two parcels. Mr. and Mrs. Edwards and Mr. Howard Chuche presented arguments against the use of said court as ingress and egress to the said parcels. The hearing was declared closed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to uphold the decision of the Planning Commission. Ayes: Councilmen: Aby, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar RE: SAN RAFAEL CAYES UNIT ONE ASSESSMENT DISTRICT - File 6-19 Mr. Kenneth Jones, Attorney, addressed the Council and described the project and discussed steps to be taken in the formation of the above district. Mr. Dan Coleman described the engineer- ing phases of the project. The Council requested Mr. Jones to furnish the Council with a cost estimate of Unit 1, location of the improvements in said unit and more information about the suggested maintenance of the district. Action deferred to September 16th. RE: NORTHGATE INDUSTRIAL PARK - File 6-18 RESOLUTION NO. 2852 - A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS. Ayes: Councilmen: Aby, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar RE: MARIN BAY NO. 2 - File 6-10 Mr. Kenneth Jones, attorney, requested that the matter concerning Marin Bay Improvement District No. 2 be held over to September 16th. RE: UNDERGROUND ORDINANCE NO. 780 - File 11-1 Mr. Harry Patton of the Pacific Gas and Electric Company and Mr. John La Noue of the Pacific Telephone and Telegraph Company discussed with the Council, and answered questions regarding the placing of overhead utilities underground. An ordinance creating an underground utility district and establishing a program for the placing of overhead wires underground, and numbering Charter Ordinance No. 780 was read, introduced, and ordered passedto print by the following vote, to -wit: Ayes: Councilmen: Aby, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar The Council directed Supervisor of Public Works Norris Rawles to work with the Pacific Gas and Electric Company and Pacific Telephone and Telegraph Company staff to prepare an amendment to Ordinance No. 780 requiring that new subdiviions must place their utilities underground. RE: NORTHGATE REGIONAL SHOPPING CENTER - File 5-1-142 City Engineer, Dominic Selmi presented the final map with agreement and bond for Northgate Regional Shopping Center. 9�Zj'�e In the Council Chambers of the City of San Rafael, Tuesday, September 3rd, 1963 at 8:00 o'clock Regular Meeting: Present: John F. McInnis, Mayor Charles. W. Aby, Councilman Harry A Barbier, Councilman Fred E. Jensen, Councilman Absent: Louis H. Baar, Councilman RE: APPROVAL OF MINUTES On motion of Councilman Aby, seconded by Councilman Jensen, the minutes of August 19th, 1963, a true and correct copy thereof having been heretofore submitted in writing to each member were approved. RE: PUBLIC HEARING - APPEAL DECISION OF THE PLANNING COMMISSION DENIAL OF VARIANCE 751 - KAY S JUE - Fil.e 10-4 Hearing was declared opened. James Garrett, City Planner briefed the Council on the reasons for the action of the Planning Commission that being there was to much area in the building for the area of land in accordance to the ordinance. Richard Bohm, Architect explained to the Council why the overage in square feet had occurred. Following a discussion by the Council, the hearing was declared closed. Motion was made by Councilman Aby, seconded by Councilman Jensen, that Variance 751 be granted. REt PUBLIC HEARING - INGRESS AND EGRESS OF JEWELL COURT - PARCELS 14-063-19 and 20 - MORAN - File 10-6, Hearing was declared opened. James Garrett, City Planner briefed the Council on the con- ditions that exist on the ground and in deeds regarding the private easement called Jewell Court. Mr. Moran addressed the Council and explained that they intended to use the easement in the con- struction of the 20 units proposed on the above two parcels. Mr. and Mrs. Edwards and Mr. Howard Chuche presented arguments against the use of said court as ingress and egress to the said parcels. The hearing was declared closed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to uphold the decision of the Planning Commission. Ayes: Councilmen: Aby, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar RE: SAN RAFAEL CAYES UNIT ONE ASSESSMENT DISTRICT - File 6-19 Mr. Kenneth Jones, Attorney, addressed the Council and described the project and discussed steps to be taken in the formation of the above district. Mr. Dan Coleman described the engineer- ing phases of the project. The Council requested Mr. Jones to furnish the Council with a cost estimate of Unit 1, location of the improvements in said unit and more information about the suggested maintenance of the district. Action deferred to September 16th. RE: NORTHGATE INDUSTRIAL PARK - File 6-18 RESOLUTION NO. 2852 - A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS. Ayes: Councilmen: Aby, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar RE: MARIN BAY NO. 2 - File 6-10 Mr. Kenneth Jones, attorney, requested that the matter concerning Marin Bay Improvement District No. 2 be held over to September 16th. RE: UNDERGROUND ORDINANCE NO. 780 - File 11-1 Mr. Harry Patton of the Pacific Gas and Electric Company and Mr. John La Noue of the Pacific Telephone and Telegraph Company discussed with the Council, and answered questions regarding the placing of overhead utilities underground. An ordinance creating an underground utility district and establishing a program for the placing of overhead wires underground, and numbering Charter Ordinance No. 780 was read, introduced, and ordered passedto print by the following vote, to -wit: Ayes: Councilmen: Aby, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar The Council directed Supervisor of Public Works Norris Rawles to work with the Pacific Gas and Electric Company and Pacific Telephone and Telegraph Company staff to prepare an amendment to Ordinance No. 780 requiring that new subdiviions must place their utilities underground. RE: NORTHGATE REGIONAL SHOPPING CENTER - File 5-1-142 City Engineer, Dominic Selmi presented the final map with agreement and bond for Northgate Regional Shopping Center. .1' i r}� ? S FD E_ �` RESOLUTION NO. 2853 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "NORTHGATE REGIONAL SHOPPING CENTER;' Ayes: Councilmen: Aby, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar RE: MARIN STREET SANITARY SEWER RECONSTRUCTION PROJECT 56 - File 4-1-96 City Engineer, Cominic Selmi presented the plans and specifications for the reconstruction of the sanitary sewer on Marin Street. RESOLUTION NO. 2854 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR MARIN STREET SEWER RECONSTRUCTION - PROJECT 56. Ayes: Councilmen: Aby, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar RE: TREE PLANTING AGREEMENT IN TERRA LINDA NO. 18 SUBDIVISION - File 5-1-143 Motion was made by Councilman Aby, seconded by Councilman Jensen, that the Mayor andCity Clerk be authorized to sign an agreement with Alameda Homes, Inc. for tree planting in approved subdivision Terra Linda 18. Ayes: Councilmen: Aby, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar RE: TOYON ESTATES SUBDIVISION - CASH BOND RELEASE - File 5-1-120 x 8-15 Motion was made by Councilman Aby, seconded by Councilman Jensen, that $1,501.65 of the cash bond be released to D. W. Barnard, 1105 Nye Street, San Rafael, for payment of improvements in place as certified by the City Engineer. Ayes: Councilmen: Aby, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar RE: ENCROACHMENT PERMIT NO. 70 - REDMOND & WALTERS DEVELOPMENT COMPANY - File 2-11 Motion was made by Councilman Jensen, seconded by Councilman Aby, that Encroachment permit No. 70 for a sign on the east side of San Pedro Road at Knight Drive be granted. RE: ENCROACHMENT PERMIT NO 68 - KURT HILMER - File 2-11 Mr. Hilmer addressed the Council and presented his reasons for requesting encroachment permit #68 over the existing sewer line and the action he would take to preserve the normal use of the easement. No action. RE: ENCROACHMENT PERMIT NO 69 - PERMA-BILT ENTERPRISES - File 2-11 On motion of Councilman Aby, seconded by Councilman Barbier, Encroachment Permit No. 69 was granted to Perma-Bilt Enterprises for advertising sign on San Pedro Road. RE: PACIFIC GAS AND ELECTRIC PARKING LOT - File 12-14 City Manager, Dan Andersen discussed with the Council the conditions for leasing the Pacific Gas and Electric lot at Lootens Place between Second andThird Streets. The matter was referred to the City Manager andCity Attorney for clarification of legal matters involving the parking district. RE: VARIANCE MEDWAY ROAD PROJECTION INTO 2'7" SETBACK - File 2-11 There being no one appearing for or against, the Council took no action. RE: MUTUAL AID FIRE PROTECTION - SAN QUENTIN - File 4-10-26 RESOLUTION NO. 2855 - A RESOLUTION AUTHORIZNG THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Aby, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar RE: TRAFFIC - File 11-8 Motion was made by Councilman Jensen, seconded by Councilman Aby, to remove four meters on the south line of Fourth Street west of "E" Street and one meter on the north side of Fourth Street east of "H" Street. Ayes: Councilmen: Aby, Barbier, Jensen andMayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar The Traffic Committee recommended that there be a two hour parking limit on thevest side of Grand between Third and Fourth Streets. b RESOLUTION NO. 2856 - A RESOLUTION DESIGNATING AND DESCRIBING TWO (2) HOURS LIMIT PARKING AREAS. Ayes: Councilmen: Barbier, Jensen and Mayor McInnis Noes: Councilmen: Aby Absent: Councilmen: Baar The Council requested the Chairman of the Traffic Committee to have his committee study the inter- section of Grand Avenue and Third Street. RE: ANIMAL ORDINANCE - File 13-3 The proposed animal ordinance was held over for discussion to September 16th, 1963. RE: DRAINAGE TOYON ESTATES - File 5-1-120 x 12-9 Supervisor of Public Works Norris Rawles presented a report relating to the above matter. Several property owners of the area addressed the Council regarding the conditions that exist and those that can be expected due to the development of the Toyon Estates Subdivision. The Council directed Supervisor of Public Works to prepare plans and specifications and cost estimate to remedy the situation. RE: RIGHT-OF-WAY FROM KNIGHT DRIVE TO GLENWOOD ELEMENTARY SCHOOL PROPERTY - File 11-1 x 9-5-S Letter of the San Rafael City Schools requesting the City proceed with acquisitions of right- of-ways and design of a street to connect Knight Drive to the Glenwood Elementary School property. Also, stating that the City Schools and adjacent property owners would participate in the cost. The Council indicated that it was interested in having the work done, and would like to know more about the cost and the participation by the property owners and school district. RE: GAS TAX FUNDS APPORTIONMENT - File 9-11-4 RESOLUTION NO. 2857 - ACCEPTING THE IMPOSITION OF ADDITIONAL HIGHWAY USERS TAXES AND FEES PURSUANT TO CHAPTER 1852, STATUTES OF 1963. Ayes: Councilmen: Aby, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar RE: BOARD OF EXAMINERS - File 9-2-7 Mayor McInnis requested the Councilmen to consider new members to be appointed to the above Board to relieve the present members after their long and faithful service. RE: PROPOSED ASSESSMENT DISTRICT EAST OF EAST SAN RAFAEL - File 108 Sam Gardiner, Attorney, invited the Council to be present at an informal discussion on September 12th in the Council Chambers on the proposed formation of an assessment district of the tidelands adjacent to Francisco Blvd. east of East San Rafael. RE: PARKING - ''E" STREET SCHOOL - File 9-3-40 x 11-8 Supervisor of Public Works Norris Rawles discussed with the Council the problem of employee parking at the ''E" Street School since the beginning of school.. No action. RE: TERRA LINDA UNIT 20 File 9-3-32 Motion was made by Councilman Jensen, seconded by Councilman Aby, that the Building Inspector was authorized to issue four building permits to construct model homes in said subdivision. Ayes: Councilmen: Aby, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Baar RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, authorizing the following personnel actions: Michael Richard Fisher, Patrolman, Police Dept., lst step, at salary $512.00 per month effective September 15, 1963. Motion was made by Councilman Aby, seconded by Councilman Barbier, to appoint Eleanor Lynch as Deputy Treasurer; together with signature authority. Ayes: Councilmen: Aby, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen; Baar All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated September 3rd, 1963, and now on file in the Clerk's office to which reference is hereby made for further particulars: GENERAL FUND $ 29,764.46 PARKS FUND 82.29 EQUIPMENT & REPLACEMENT FUND 2,024.60 STORES FUND 302.08 SPECIAL RECREATION PROGRAMS FUND 136.00 CHULA VISTA ASSESSMENT DIST. FD. 100.00 MARIN BAY DIST. UNIT II FUND. 43,624.23 EMPLOYEES' RETIREMENT FUND 6,515-12 $ 82L548.78 Council adjourned to September 16th, 1963. W. C. ORNWELL, Deputy City Clerk Approved this day of 19 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers ofthe City of San Rafael, Monday, September 16th, 1963 at 8:00 o'clock P.M. Regular Meeting: Present: Charles W. Aby, Acting Mayor Louis H. Baar, Councilman Harry A. Barbier, Councilman Fred E. Jensen, Councilman Absent: Mayor John F. McInnis Acting Mayor, Charles W. Aby declared the meeting of the Council of the City of San Rafael opened. RE: APPROVAL OF MINUTES On motion of Councilman Jensen, seconded by Couhcidman Baar, the minutes of September 3rd, 1963, a true and correct copy thereof having been heretofore submitted in writing to each member were approved. RE: BID OPENING - MARIN STREET SEWER RECONSTRUCTION PROJECT 56 - File 4-1-96 The following bids were received, opened and read: Lee Mac Paving Company 5760 Paradise Dr. Corta Madera $ 7,411.00 C & G Pipelines, Inc. 28526 Pacific St. Hayward 6,770.00 Ray Anderson Trenching 450 Kawana Spruce Rd. Santa Rosa 6,055.00 P]ombo Bros. P.O. Box 1067, San Rafael 5,485.70 Joe D. Wilson Const. Company 5498 Redwood Highway, Novato 5,705.51 RESOLUTION NO. 2858 - RESOLUTION OF AWARD OF CONTRACT (Piombo Bros.) Ayes: Councilmen: Aby, Baar, Barbier, Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: PUBII C HEARING - LOT SUBDIVISION ON WEST FOURTH STREET - ROSENBERG - File 10-5 City Planner, James Garrett briefed the Council on the standards of the subdivision ordinance and other portions of the ordinance applying to the particular request. The continued hearing was declared opened. There being no one appearing in favor of the subdivision of the parcel of land as proposed by Philip Rosenberg, Mr. Michael Kelly and David Lawrence spoke against the granting of the subdivision. Hearing was declared closed. Motion was made by Councilman Jensen, seconded by Councilman Baar, to uphold the decision of the Planning Commission. Ayes: Councilmen: Aby, Baar, Barbier & Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: SALE OF CITY HALL PROPERTY - File 12-2 x 2-7 City Attorney, David Menary, Jr. presented for Council consideration a notice of sale of public property. The Council discussed conditions under which the property should be sold. At this point Mr. Roy Brown and the Council were unable to come to an agreement. The Council suggested that Mr. Brown and Mr. Bagshaw confer with City Attorney, David Menary, Jr. and City Manager, Dan Andersen to discuss and try to resolve the conditions under which the property should be sold. Mayor McInnis arrived at 8:25 P. M. RE: EXTENSION OF THIRD STREET - westerly - File 2-2 Harold Reid, Attorney, addressed the Council regarding the extension of Third Street through the Tachouet property desiring to know if the decision had been made to take the whole property or just a portion. City Engineer, Dominic Selmi illustrated on the blackboard the problems involved in the different alignments of Second Street and Third Street. The Council directed the Public Works to estimate the cost for each alignment which would in- dicate which route would be the most feasible. The report to be presented at the Council meet- ing of October 7th. RE: PARKING REPORT - File 12-14 � L`. - '3 g3 Mr. S. K. Herzog, Jr. addressed the Council regarding the letter of the Chamber of Commerce requesting that Mr. D. Jackson Faustman be employed to update his 1962 parking report and to make new recommendations. The motion was made by Councilman Baar, seconded by Councilman Aby, to request Mr. Faustman to review and revise his survey of 1962. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Counc ]men: None RE: SAN RAFAEL CAYES - File 6-19 This matter was withdrawn f rom the agenda. RE: DRAINAGE BRET HARTE AREA - File 12-9 Letter of Paul Ciampi signed by Mr. Everett Murphy, Bob Bettini and Bill Davis was read by Deputy Clerk, W. C. Cornwell. The items referred to in the letter were illustrated by City Engineer, Dominic Selmi on the blackboard and the different problems were discussed as to their merits. The Counci discussed the engineering phases of the entire area and suggested that the proponents further discuss with the engineering department, and that Dan Coleman be consulted to help tie in the suggested improvements to the full program of the flood area. The Public Works Department was directed to relocate the storm water pump now located behind the Marin Storage Company to the Francisco Blvd. Pump Station, and hold the small pumps now being repaired for possible installation elsewhere which would be determined at a later date. Bud Cole, Engineer for the Northwestern Pacific Railroad Company informed the Council that the material for the trestle had been ordered and assured the Council that if heavy rains came, the railroad would remove the track and open the existing bottleneck so that water would freely flow to the culvert under the State Highway. The Council authorized Paul Ciampi and Associates to install a propeller drive at the Highway Culvert. Also, authorized the Public Works Department to order a culvert 24" x 30' to be placed under the railroad tracks at the expense of Paul Ciampi, and Associates in the easement from DeLuca Place to Dubois Street. The culvert to be paid for by the City. RE: ANIMAL ORDINANCE - File 13-3 The Council postponed discussion of the said ordinance until after the Marin County Council of Mayors meeting at which time they would have the opportunity to discuss with other cities the proposed animal ordinance. RE: TERRA LINDA UNIT 20 - File 5-1=144 Approva of final map. RESOLUTION NO. 2859 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ''ENTITLED ''TERRA LINDA UNIT 20. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: .l~HARTER ORDINANCE NO. 780 - File 11-1 CHARTER ORDINANCE NO. 780 - An ordinance creating an underground utility district and establishing a program for the placing of overhead wires underground, and numbering Charter Ordinance No. 780 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: UNDERGROUND ORDINANCE AMENDMENT TO = File The amendment to the Underground Ordinance No. 780 was held over to October 7th meeting. RE: FIRE ZONE ORDINANCE AMENDMENT - File 9-8 An ordinance amending Title 12, Ch,3pter 12.04, Section 12.04.010 of the San Rafael Municipal Code by providing exceptions to Fire Zone 2 thereof depending upon actual land use, and nuinberi.mg Charter Ordinance No. 781 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: UPPER FREMONT DRIVE SLIDE CORRECTION PROJECT 62 - File 4-1-97 City Engineer, Dominic Selmi presented the plans and specifications for Slide Correction of Upper Fremont Drive. RESOLUTION NO. 2860 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR UPPER FREMONT DRIVE SLIDE CORRECTION PROJECT 62. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: STOP SIGN ON THIRD STREET AT GRAND AVENUE - File 11-9 RESOLUTION NO. 2861 - A RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PARKING FOURTH STREET - File 11-9 A resolution was presented by the Public Works Director Norris Rawles which would eliminate parking on certain sides of Fourth Street on alternate nights to assist the street sweepers in cleaning the street. No action. RE: MAP OF SUBDIVISION PORTION OF LOT 5, BLOCK 18 EAST SAN RAFAEL - File 5-1-145 Approval of final map. RESOLUTION NO. 2862 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED ''PORTION OF LOT 5, BLOCK 18 (MAP OF EAST SAN RAFAEL) CONDOMINIUM SUBDIVISION. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ILLEGAL SUBDIVISION - File 1-2 I City Planner, James Garrett presented an ordinance which would tend to control illegal sub- divisions in the City. ? An ordinance amending Title 15, Chapter 15.04, Section 15.04.065 of the San Rafael Municipal Code, and providing that conveyances made in violation of Title 15 of the San Rafael Municipal Code are voidable, and numbering Charter Ordinance No. 782 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: REQUEST FOR PUBLIC HEARING - JOHN MOUNTZ - File 10-6 Letter of appeal of John Mountz regarding his application for subdivision of parcel No. 10-011-019 was presented. Public hearing set for October 7th. RE: ENCROACHMENT PERMIT NO. 74 - DONALD S'FREESE, SOT 1 WHITE OAKS SUBDIVISION TWO - File 2-11 The Council advised Mr. Freeze that the code prohibits any structure from being built over City property. Motion of Councilman Aby, second3d by Councilman Barbier, Encroachment Permit No. 74 was granted. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT NO. 71 - RICHARD MILICEVICH JR. - File 2-11 Motion of Councilman Aby, seconded by Councilman Baar, Encroachment Permit No. 71 be granted, for the construction of a 3' fence. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT - RAMP ACROSS KNIGHT DRIVE - F'le 2-11 Withdrawn from the agenda. RE: PARK SITES - GENERAL PLAN - File 12-5 The request for a joint meeting of the Council and Park and Recreation Commission to discuss the general plan was presented. October 1st was set as the date for the joint meeting. RE: PLANNING COMMISSION - APPOINTMENT OF TWO MEMBERS - File 9-2-6 Motion was made by Councilman Jensen, seconded by Councilman Baar, that Pat Hetherton be reappointed to the Commission with the recommendation that the Chairmanship be made available to other members. Ayes: Councilmen: Aby Baar, Barbier, Jensen, and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Motion of Councilman Baar, seconded by Councilman Aby, Fred Robbins, Jr. was appointed as a member of the Planning Commission. The Council directed City Manager, Dan Andersen to write a letter of appreciation to Gene O'Connor for his part service on the Commission. RE: FRANCISCO BOULEVARD PROPERTY RENTAL TO E. BUGNA - File 2-8-9 The rent of the property now occupies by E. Bugna was discussed and the extension of the lease. Motion was made by Councilman Jensen, seconded by Councilman Aby, that the lease be extended for a 5 year period at a rental of $300.00 a month, and that a 90 day cancellation clause be inserted. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: METER MINDERS - TRAFFIC CONTROLS, INC._- File 11-8 Letter was received from Chamber of Commerce recommending that the City of San Rafael not enter into a contract with Traffic Controls, Inc. was filed. Action was held over. RE: AYALA COURT SUBDIVISION - File 5-1-146 Approval of final map. Matter was removed from the agenda. RE: BAY AREA TRANSPORTATION STUDY - File 9-5-M Letter from the Board of Supervisors of Marin County advising the Cities of Marin that Supervisor Peter H. Behr was appointed as a representative of Marin on the Bay Area Transportation Study Commission. RE: LOCAL AGENCY FORMATION COMMISSION - File 9-5-M Letter from the Board of Supervisors of Marin County advising the Council that two members of the Board of Supervisors will be appointed later this month. This Commission replaces what was formerly known as the Boundary Commission. /,-2 -3 RE: SAN RAFAEL FIRE STATION NO. 4 - EAST SAN RAFAEL - File 2-1-27 Motion was made by Councilman Baar, seconded by Councilman Aby, authorizing the City Clerk to draw a warrant payable to Title Insurance & Trust for $13,185.00 to be placed in escrow for the ! purchase of property in East San Rafael for Fire Station No. 4. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None i Absent: Councilmen: None RESOLUTION NO. 2863 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Kerner-Bellam Realty Co., a California corporation. i Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: 701 PROGRAM - File 115 City Planner, James Garrett reported on the expenditures for the 701 Program advising the Council that there should be a bill for approximately $1,000.00 from the State, resulting from the fact that the City had spent approximately $6,000.00 instead of the $8,000.00 in accordance to the contract with the State. Mayor McInnis noted that this was City Planner, James Garrett's last meeting and expressed the Council's appreciation for his efforts in behalf of and for the City, and wished him every success in his new position with the City of Orange. RE: PERSONNEL The Council authorized City Manager, Dan Andersen to attend the I.C.M.A. Conference 10-13-63 to 10-16-63 in Denver, Colorado. File 9-3-11. Authorized Building Inspector, Andrew Thomas to attend I.C.B.O. 9/30/63 to 10/4/63 in Cedar Rapids, Iowa. - File 9-3-32 Motion was made by Councilman Barbier, seconded by Councilman Aby, to place Ann Beach on the regular payroll as Clerk Dispatcher, at a salary of $371.00 in the Fire Department. File 7-5 Ayes: Councilmen: Aby, Baar, Barbier and Mayor McInnis Noes: Councilmen: Jensen Absent: Councilmen: None All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated September 16th, 1963, and now on file in the Clerk's office to i which reference is hereby made for further particulars: GENERAL FUND SPECIAL RECREATION PROG. FUND PARKS FUND PARKING DIST. NO. 1 FUND CHULA VISTA ASSESSMENT DIST. FD. OAK WOODLANDS UNIT II CAPITAL IMPROVEMENT FUND Council adjourned. $ 12,814.50 466.00 778.78 67.02 15,847.93 $ 29,974.23 $ 22,941.07 $ 13,185.00 W. C. CO�RNWELL, Deputy City Clerk Approved this day of 19 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, October 7th, 1963, at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Harry A. Barbier, Councilman Absent: Fred E. Jensen, Councilman On motion of Councilman Aby, seconded by Councilman Barbier, the minutes of September 16th, 1963, a true and correct copy thereof having been heretofore submitted in writing to each member were approved. RE: BID OPENING - UPPER FREMONT SLIDE CORRECTION, PROJECT 62 - File 4-1-97 The following bid was received, opened and read: P and Z co., Inc. 120 So. Maple Ave. So. San Francisco $ 15,017.25 Motion of Councilman Aby, seconded by Councilman Baar, the bid was rejected and Public Works Department was authorized to readvertise for bids to be received and opened on October 28th. Ayes: Councilmen: Aby, Baar, Barbier and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: PUBLIC HEARING - SUBDIVSION OF PARCEL 10-011-19 - JOHN MOUNTZ - File 10-6 Acting City Planner, David DuBiel briefed the Council on the Commission's decision. City Engineer, Dominic Selmi also explained certain engineering phases of the proposed 4 lot sub- division. Hearing was declared opened. Bryan McCarthy representing Mr. Mountz addressed the Council and presented an aerial map to- gether with arguments against the construction of the road connecting Oak View Drive of Los Ranchitos subdivision with Parcel ''A'' of Rafael Highlands which was a condition attached to the subdivision by the Planning Commission. Col. F. L. Topping, Esther Hassen, Kenneth Edlin, Bill Shirley, Mr. Redding, John Kelly, Frank Hewitt, H. A. Williams, C. J. Christensen, Mr. Silva, Mrs. Peterson, and Mr. Irwin residents of the area all spoke against having a mauor through street in the area. The motion as made by Councilman Aby to uphold the decision of the Planning Commission was amended that a road could be built from Parcel ''A" into the parcel but must end in a cul-de-sac within the city limits. The motion was seconded by Councilman Barbier. Ayes: Councilmen: Aby, Baar, Barbier and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: PARCEL ''A" RAFAEL HIGHLANDS - File 103 Mr. Louis Milani of 52 Ridgewood Avenue addressed the Council suggesting that if Parcel ''A: was not used for road purposes it could be used for a small children's playground. RE: BRET HARTE DRAINAGE - File 12-9 Mr. Paul Ciampi reported to the Council the progress of the Citizens Committee on construc- tion and installation of improvements in the Bret Harte flood area. The Council discussed with the Committee and City Engineer, Dominic Selmi phases of the work now under construction and authorized the City Engineer to work with the committee for the safety of the project. The Council authorized the Public Works Department to prepare plans and specifications for a new electric panel for the operation of the new pump which has been ordered by the Citizens Committee. RE: WEIGHT LIMIT ON STREETS - File 11-1 Mr. Paul Hollister Executive Secretary of the Engineers and Grading Contractors Association addressed the Council regarding the hardship of the weight limit of trucks on certain streets. Council requested Mr. Hollister to submit in letter form his request so that the Council could review them. RE: SALE OF CITY PROPERTY - File 2-7 The City Manager, Dan Andersen was directed to advertise for sale two parcels of land, one being a triangular parcel at the southwest corner of Union and Mission Street, and the other parcel lying further west and called Alice Street. RE: NEW CITY HALL SITE - PRESENTATION OF SCHEMATIC PLANS - File 12-2 Mr. Carl Gromme of San Rafael Architects Associated presented the Schematic Master Plan of the new City Hall and discussed with the Council the plan as presented, and advised the Council that at this point it was necessary to have approval of the plans before entering into the phase of presenting drawings. A rough estimate of the cost was $1,059,240.00. The Council wished to meet with the architects for further study at a special meeting. 6''i f° u ��J, (0. -t RE: SALE OF CITY HALL PROPERTY - PRESENT SITE - File 12-2 The Council having been presented with an agreement on the sale of the present site held the matter over to enable them to give it further study. RE: PIMENTEL ANNEXATION - File 5-2-34 Petition for annexation by M. T. and Mary Pimentel was presented and considered by the Council. Report was given by David DuBiel, Acting City Planner on consideration given by other departments in the City. RESOLUTION NO. 2864 - RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF SAN RAFAEL OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "PIMENTEL LANDS," AND GIIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO. Ayes: Councilmen: Aby, Baar, Barbier and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: SAN RAFAEL CAYES - File 6-19 Petition for improvements by special assessment and assessment bond proceedings and waiver under Division 4 of the Streets and Highways Code was presented and ordered filed. Certificate of Engineer, Daniel P. Coleman that petition was signed by more than 50% in area of the property was ordered filed. Affidavit under Section 2804.2 of the Streets and Highways Code concerning the existence of Mortgages or Deeds of Trust on Property propsed to be assessed was presented and ordered filed. Letter of Stone and Youngberg stating that proposed assessments against the land would not ex- ceed 75% of the value of the property after the improvements are completed was filed. RESOLUTION NO. 2865 - A RESOLUTION DETERMINING THAT PROPOSED ASSESSMENTS WILL NOT EXCEED LIMITATIONS IN POSED BY LAW AND DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESS- MENT AND ASSESSMENT BOND ACTS FOR IMPROVEMENTS WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE. Ayes: Councilmen: Aby, Baar, Barbier and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RESOLUTION NO. 2866 - A RESOLUTION APPOINTING ENGINEER AND ATTORNEYS - SAN RAFAEL CAYES. Ayes: Councilmen: Aby, Baar, Barbier and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RESOLUTION NO. 2867 - A RESOLUTION OF INTENTION TO FORM SAN RAFAEL CAYES DRAINAGE MAINTENANCE DISTRICT, Ayes: Councilmen: Aby, Baar, Barbier and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: SAN RAFAEL CAYES - Final. Map - File 5-1-147 Final map of San Rafael Cayes was presented by City Engineer, Dominic Selmi. RESOLUTION NO. 2868 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "SAN RAFAEL CAYES UNIT ONE' Ayes: Councilmen: Aby, Baar, Barbier and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: ANIMAL ORDINANCE - CHARTER ORDINANCE NO. 783 - File 13-3 Numerous people in the audience stated that they beleve more stringent laws should be passed to curb roving loose dogs. They were informed by the Council that this ordinance is not a leas law but would assist in the control of animals that make a nuisance of themselves. An ordinance of the City of San Rafael providing for the licensing, confinement, inoculation, impounding and control of animals within said city, and repealing all conflicting ordinances, and numbering Charter Ordinance No. 783 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: AMENDMENT TO UNDERGROUND ORDINANCE - File 12-18 Report from Public Works Department accompanied by a proposed amendment to the ordinance was presented. The Council directed the Public Works Department to consult with other cities on the matter and Mayor McInnis appointed Councilman Baar as a Committee of one to work with the Public Works Department and Pacific Gas and Electric Company on the matter. OU0 RE: FENCING OF POOLS - File 13-9 x 101 A petition was presented containing 24 signatures requesting that an ordinance be passed that all swimming pools must be enclosed by a fence, wall or other structure not less than six (61) in height and openings to be self locking. Matter was referred to the City Manager, Dan Andersen to check with the County as to their re- quirements. RE: RELEASE OF CASH BOND - TOYON ESTATES - File 8-15 Motion was made by Councilman Aby, and seconded by Councilman Baar, authorizing the City Treasurer to release $1,260.50 of the cash bond to Mr. D. W. Barnard. Ayes: Councilmen: Aby, Baar, Barbier and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: RELEASE OF CASH BOND - COLEMAN HEIGHTS - File 8-15 Motion was made by Councilman Aby, seconded by Councilman Baar, the City Treasurer was authorized to release $5,154.30 of the cash bond to Mr. John Brusati, Ayes: Councilmen: Aby, Baar, Barbier and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: THIRD STREET EXTENSION - Westerly - Fil6 2-2 x 4-1-98 City Engineer, Dominic Selmi presented plans and specifications for the demol'tion of the building of 100 Shaver Street. RESOLUTION NO. 2869 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR ''DEMOLITION OF 100 SHAVER STREET, PROJECT 67. Ayes: Councilmen: Aby, Baar, Barbier and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: TRAFFIC SIGNAL INSTALLATION - THIRD AND "D'' - File 11-10 x 4-1-99 City Engineer, Dominic Selmi presented plans and specifications for the installation of traffic controls at Third and "D'' Streets, Project 64. RESOLUTION NO. 2870 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR ''TRAFFIC SIGNAL INSTALLATION - THIRD AND "D'' STREETS, PROJECT 64" Ayes: Councilmen: Aby, Baar, Barbier andMayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: IMPROVEMENT FOURTH STREET - MARY TO UNION - File 11-15 City Engineer, Dominic Selmi presented a drawing showing the possible designs for the improve- ment of the street, and informed the Council that most residents agreed to pay their pmrportional part. The Council authorized the design to include additional pavement for parking. RE: ENCROACHMENT PERMIT - REDMOND AND WALTERS DEVELOPMENT COMPANY - File 2-11 Motion of Councilman Aby, and seconded by Councilman Barbier, Redmond and Walters Develop- ment Company was granted an encroachment permit for a ramp across Knight Drive for the moving of earth, said ramp to be constructed in accordance to the specifications of the Public Works Department. RE: (1) 1963 FOUR DOOR SEDAN - Fo 1 e 4-2-53 City Manager, Dan Anersen presented plans and specifications for the purchase of a Four Door Sedan to be used by the Fire Department. RESOLUTION NO. 2871 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR ONE (1) 1964 FOUR DOOR SEDAN. Ayes: Councilmen: Aby, Baar, Barbier and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen Final Adoption Rfg: CHARTER ORDINANCE NO. 7817- File 9-8 CHARTER ORDINANCE NO. 781 - An ordinance amending title 12, Chapter 12.04, Section 12.04.010 of the San Rafael Municipal Code by providing exceptions to Fire Zone 2 thereof depending upon actual land use, and numbering Charter Ordinance No. 781 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: CHARTER ORDINANCE NO. 782 - Final Adoption - File 10-1 I CHARTER ORDINANCE NO. 782 - An ordinance amending itle 15, Chapter 15.04, Section 15.04.065 of the San Rafael Municipal Code, and providing that conveyances made in violation of Title 15 of the San Rafael Municipal Code are voidable, and numbering Charter Ordinance No. 782 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: CHARTER ORDINANCE NO. 782 - Final Adoption - File 10-1 Charter Ordinance. No. 782 - An ordinance amending Title 15, Chapter 15.04, Section 15.04.065 of the San Rafael Municipal Code, and providing that conveyances made in violation of Title 15 of the San Rafael Municipal Code are voidable, and numbering Charter Ordinance No. 782 was passed and adopte as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilman: Aby, Baar, Barbier and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: THIRD STREET EXTENSION - Westerly - File 2-2 City Manager, Dan Andersen and City Engineer, Dominic Selmi reported that taking a ten (101) strip of the Tachouet,property and by putting in a culver in .the creek and taking a portion of the Pierce Building, it would be less expensive than taking the whole Tachouet property. V Council authorized such an alignment. RE: AYALA COURT - File 5-1-146 Final map. RESOLUTION NO. 2872 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED ''AYALA COURT SUBDIVISION'' Ayes: Councilmen: Aby, Baar, Barbier and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: BUDGET - FINAL ADOPTION - File 8-5 Motion was made by Councilman Aby, and seconded by Councilman Barbier, that the budget for 1963-64 be adopted. Ayes: Councilmen: Aby, Barbier and Mayor McInnis Noes: Councilmen: Baar Absent: Councilmen: Jensen RE: AMENDMENT TO 701 CONTRACT - File -t!-5- 4-3-17 R'OSOLUTION NO. 2873 - RESOLUTION AUTHORIZING EXECUT1014 OF A CONTRACT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF SAN RAFAEL PURSUANT TO CHAPTER 1641, STATUTES OF 1959. Ayes: Councilmen: Aby, Baar, Barbier and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: Jensen RE: DRAINAGE - CLARK STREET - File 12-9 City Engineer, Dominic Selmi re�rted on the drainage conditions which exist in the Clark Street area stating that a complete correction plan would cost approximately over $30,000.00. He suggested that as a temporary relief the water could be carried across the street and allowed to flow down the gutter. The Council authorized the Public Works Department to proceed and to plan on budgeting for the whole correction next year. RE: RESIGNATION OF EUGENE F. 0"CONNOR, SR. - File 9-2-7 The resignation of Eugene F. O'Connor, Sr, from the Board of Appeals was presented. The Council directed City Manager, Dan Andersen to write a letter of appreciation to Mr. O'Connor for his past years of service on the Board. RE: REQUEST FOR PUBLIC HEARING - VARIANCE PERMIT NO. 759 - File 10-4 Request of Edward K. Wachsman appealing the decision of the Planning Commission was presented Public hearing was set for October 28th, 1963. RE: SPECIAL APPROPRIATIONS - File 8-14 The Council authorized the transfer from unbudgeted reserve to the following budget accounts: 66 - 362 $ 42.00 25 - 362 $ 944.00 RE: CLAIM FOR DAMAGES - File 3-1 The claim of Mr. Marvin G. Ashman for damage to a camper on a pickup truck which struck an overhanging limb along the curb in the amount of $466.00 was referred to the City Attorney. r i RE: BOARD OF EXAMINERS - File 9-2-7 RE: BOARD OF REVIEW - File1' Councilman Barbier called the Council's attention to the fact that they have no Board of Review and that the Board of Examiners and Appeals should be reactivated. Action was deferred to a later date. RE: PERSONNEL - File 7-5 Motion was made by Councilman Aby, seconded by Councilman Barbier, to place Manuel G. Vargas on the regular payroll as Yard Clerk, at a salary of $297.00 per month effective 10/7/63. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated October 7th, 1963, and now on file in the Clerk's office to which reference is hereby made for further particulars: GENERAL FUND $ 37,659.58 SPECIAL PROGRAMS REC. FUND 118.92 PARKS FUND 552.87 EQUIPMENT & REPLACEMENT FUND 3,778.65 STORES ACCOUNT FUND 750.60 CAPITAL IMPROVEMENT FUND 424.00 EMPLOYEE RETIREMENT FUND 6,507.30 CHULA VISTA ASSESSMENT DIST. 844.52 NORTHGATE INDUSTRIAL PARK DIST. 77,015.55 $ 127,651.99 MARIN BAY IMPROVEMENT DIST.#2 $ 70,853.83 Council adjourned to Monday, October 28th, 1963. Cg's u o6k b W. C. ORNWELL, Deput City Clerk Approved this //r<day of 19 MAYOR OF THE CITY OF SAN RAFAEL v �v � 6 In the Council Chambers of the City of San Rafael, Monday, October 28th, 1963 at 8:00 o'clock P. M. Adjourned Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Harry A. Barbier, Councilman Fred E. Jensen, Councilman On motion of Councilman Aby, seconded by Councilman Baar, the minutes of October 7th, 1963, a true and correct copy thereof having been heretofore submitted in writing to each member were approved. RE: SLIDE CORRECTION UPPER FREMONT - File 4-1-97 The following bids were received, opened and read: P & Z Co., Inc. 120 Maple Ave. So. San Francisco $ 14,587.25 Parrish, Inc. 3128 E. Miner Ave. Stockton 5 12,285.00 RESOLUTION NO. 2874 - RESOLUTION OF AWARD OF CONTRACT. (Parrish, Inc.) Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: DEMOLITION OF 100 SHAVER STREET - File 4-1-98 The following bids were received, opened and read: C. D. Madsen, Inc. 1912 Redwood Highway, Cor-te, Madera $ 970.00 Russ Lauterwasser 111 Piedment Ct. Larkspur 1,395.00 Ghilotti Bros. San Rafael, Calif. 1,469.00 F. G. Nutting 112 7th Street, San Francisco 1,380.00 RESOLUTION NO. 2875 - RESOLUTION OF AWARD OF CONTRACT . (C. D. Madsen, Inc.) Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: TRAFFIC SIGNALS THIRD AND "D" - File 4-1-99 The following bids were received, opened and read: Bay Area Electric Corpr. 1652 Laurel St. San Carlos $ 4,843.00 L.H. Leonardi Elect. Const. Co. 717 Francisco Blvd. San Rafael 3,995.00 Steiny & Mitchel, Inc.lnc. 1260 Pennslvania Ave. San Francisco 4,091.00 RESOLUTION NO. 2876 - RESOLUTION OF AWARD OF CONTRACT. (L. H. Leonardi Elect. Const. Co.) Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: (1) ONE FOUR DOOR SEDAN File 4-2-53 The following bids were received, opened and read: DeLong Chevrolet, Inc. 550 Francisco Blvd. San Rafael $ 2,287.27 Ames Ford 806 Irwin Street, San Rafael 2,179.47 Rossi Garage, Inc. 626 Fourth Street, San Rafael 2,251.03 The Purchasing Department requested they be referred to them for further study. RE: §=11E 6F -:r I iy PROPERTY - File 2-7 The following bid was received, opened and read: Amelia Faustini on Parcel "B" $ 2,800.00 Mayor McInnis an the Council discussed the bid and declared it to be to low. Mayor McInnis then opened the bidding from the floor. Amelia Faustini bid $3,200.00 for Parcel "B" as advertised. The motion was made by Councilman Aby, seconded by Councilman Baar, rejecting all bids. Ayes: Councilmen: Aby, Baar, Barbier, Jensen andMayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING VARIANCE PERMIT NO. 759 - EDWARD K. WACHSMAN - File 10-4 Acting City Planner, David DuBiel briefed the Council on the action of the Planning Commission and illustrated a diagram the existing conditions. The hearing was declared opened. Mr. Dick Clark, attorney, representing Mr. Wachsman presented reasons why the variance should be granted. Motion of Councilman Jensen, seconded by Councilman Baar, variance permit #759 was granted. i Ayes: Councilmen: Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: Aby Absent: Councilmen: None RE: SALE OF CITY HALL PROPERTY - File 12-2 x 2-7 Mr. A. E. Bagshaw, attorney for Independent Journal discussed with the Council conditions which should be attached to the competive bidding and sale of the property. There was no action taken on the form for bidding. S The Council requested City Manager, Dan Andersen to write the architect and request that they conform to the square footage of the new city hall as recommended in the Ebasco Report, and that they prepare cost estimates accordingly. RE: ENCROACHMENT INTO SETBACK FRANCISCO BLVD. - AMES FORD - File 2-11 Thomas E. Schaal, attorney for Ames Ford addressed the Council requesting relief from the sections of the zoning ordinance which requires a 10' setback on Francisco Blvd. It was ex- plained to the Council why it was necessary to have the light standards within the setback re- quirements and that they would be removable. City Attorney, David Menary, Jr, advised the Council that the ordinance did not give them the power to grant a variance. Further action was postponed to November 4th, 1963, and the City Attorney was directed to pre- pare an amendment to the Section of the Code which would allow the Council to grant variances. RE: WEIGHT LIMIT ON STREETS - File 11-1 The Engineers and Grading Contractors Association requested that discussion of the above be postponed to November 4th, 1963. RE: DR. HUMPHRIES ANNEXATION - File 5-2-36 i Action on the above proposed annexation was postponed to November 4th, 1963. I r RE: REZONING TERRA LINDA UNIT 20 FROM "U" TO R -1-B-2 File 10-3 Public hearing set for November 18th, 1963. RE: OAKWOODLANDS UNIT TWO - File 6-12 I No action. Held over to November 4th, 1963. i RE: WHITE OAKS ASSESSMENT DISTRICT UNIT TWO - File 6-9 No action. Held over to November LFth, 1963. RE: MARIN BAY IMPROVEMENT DISTRICT NO. TWO - File 6-10 E The above matter was held over to the meeting of November 4th, 1963. S S RE: SECOND STREET EXTENS_I.ON - Easterly _ File 2-2 Norris Rawles, Supervisor of Public Works Department pressnted a deed from National Life Insurance Company for a portion of properties occupied by Purity Stores. RESOLUTION N0. 2877 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Third Street Extension (easterly) Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: STANDARD SUBDIVISION IMPROVEMENT SPECIFICATIONS - File 11-1 x 5-1 Norris Rawles, Supervisor of Public Works submitted a copy of the Standard Subdivision im- provement Specifications prepare by Public Works Department as required by the Municipal Code and asked that they be approved by the Council. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that the above be approved. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: REQUEST FOR PUBLIC HEARING - APPEAL DECISION OF PLANNING COMMISSION - EUGENE TREASRAU - File 10-6 s Hearing was set for November 18th, 1963. RE: REQUEST FOR PUBLIC HEARING OF THE CONDITIONS ATTACHED TO SUBDIVISION OF PARCEL 11-071-18, 20 ,21 f - MELBA KIRCHNER - File 10-6 Public hearing was set for November 4th, 1963. 1 1U RE: CHARTER ORDINANCE NO. 783 - ANIMAL ORDINANCE - File 13-3 CHARTER ORDINANCE NO. 783 - An ordinance of the City of San Rafael providing for the licensing, confinement, inooculation, impounding and control of animals within said city, and repealing all conflicting ordinances, and numbering Charter Ordinance No. 783 was passed and adopted as an ordi- nance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Bar -bier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CHAPTER ORDINANCE NO. 780 - UNDERGROUND ORDINANCE - File 12-18 Norris Rawles, Supervisor of Public Works requested that a public hearing be held regarding placing underground overhead public utilities as described in parcel 4 of Charter Ordinance No. 780' Public hearing was set for December 2nd, 1963, and the City Clerk was directed to send notices to the property owners adjacent to said parcel 4 RE: UNDERGROUND UTILITIES AND STREET LIGHRS ON ''A" STREET-- File 12-18 Letter from Pacific Gas and Electric Company notifying the City that overhead lines will be placed underground on that portion of ''A" Street from Julia to 80' South of Fourth Street and that it will effect two existing street lights. The Council directed the Public Works Department, and City Attorney to work with the Pacific Gas and Electric Company to complete the program. RE: THIRD STREET ACQUISITION OF A PORTION OF THE TACHOUET PROPERTY - westerly - Fib2-2 The Council requested City Attorney, David Menary, Jr. to confer with the Tachouet's attorney and to prepare a recommendation to be presented to the Council on November 4th meeting. RE: STORM SEWER EASEMENT - MESA VISTA SUBDIVISION - File 2-4 I Supervisor of Public Works, Norris Rawles presented a grant of right-of-way for maintenance of a public storm drain adjacent to Mesa Vista Subdivision No. 1. RESOLUTION NO. 2878 - RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENT - Mesa Vista Subd. No. 1 Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None r Absent: Council -men: None RE: ENCROACHMENT PERMIT NO. 75 - McCOY ROAD AND BUNGALOW - M. McLEAN - File 2-11 Motion was made by Councilman Jensen, seconded by Councilman Baar, granting encroachment permit #75. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT NO. 76 - I4AZARETH HOUSE, 245 NOVA ALBION WAY - File 2-11 Motion was made by Councilman Jensen, seconded by Councilman Aby, that encroachment permit #76 be granted. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: WHITE OAKS UNIT TWO - MAINTENANCE BOND AND AGREEMENT - File 5-1-103 Supervisor of Public Works, Norris Rawles presented an agreement for maintenance of sub- division improvements in White Oaks Unit Two. Motion was made by Councilman Jensen, seconded by Councilman Aby, authorizing the Mayor and City Clerk to sign said agreement. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BERYL SUBDIVISION - Final map - File 5-1-148 City Engineer, Dominic Selmi presented the final map of the said subdivision. RESOLUTION NO. 2879 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED ''BERYL SUBDIVISION. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent:Councilmen: None ,j j RE: UNDERGROUND UTILITIES IN SUBDIVISION IN OTHER CITIES - File 12-18 Norris Rawles, Supervisor of Public Works gave a verbal report on how cities handle the in- stallation of underground utilities in new subdivisions. RE: BRET HARTE DRAINAGE - File 12-9 Letter from the law offices of Julius H. Selinger notifying the city that it will be held responsible for any damage or silting from the installation of pumps and allied mechanism in- stalled and operated at the Francisco Blvd. pump station was noted. RE: LOS RANCHITOS ROAD - MR. AND MRS. STANLEY W. DICK - File 100 Complaint from Mr. and Mrs. Stanley Dick regarding the detour around Los Ranchitos Drive was referred to the Chairman of the Traffic Committee. RE: TRANSFER OF FUNDS - File 8-14 Motion of Councilman Aby, seconded by Councilman Jensen,the Finance Officer was authorized to transfer from unappropriated surplus to Budget Account: 61 - 235 $ 1,000.00 61 - 362 144.00 25 - 34o 800.00 25 - 380 515.50 40 - 215 30.00 55-5-5 397.00 RE: PLANS AND SPECIFICATIONS (1) ONE HEAVY DUTY DUMP TRUCK CHASSIS - File 4-2-54 RESOLUTION NO. 2880 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS RE: PERSONNEL - File 7-5 On motion of Councilman Jensen, seconded by Councilman Barbier, the following were authorized to be placed on the regular payroll: (a) Robert Lee Rose as Assistant Civil Engineer commencing November 1st, 1963 at monthly salary of $670.00. (b) George W. Graham as Maintenance Man commencing October 21st, 1963 at monthly salary of $400.00. (c) Anthony Silveira as Maintenance Man commencing October 21st, 1963 at monthly salary of $400.00. City Manager, Dan Andersen and Chief of Police Charles Chiesa were directed to prepare a written summary on the appointment of a Sergeant and Lieutenant in the Police Department to be presented at the November 4th meeting. On the advise of his Doctor, Building Inspector Andrew Thomas requested a 60 day leave of absence. Personnel Officer, Dan Andersen was authorized to issue the accumulated sick leave and accumulated vacation. RE: BOARD OF REVIEW - File 9-2-12 The Council discussed the appointment of citizens to the Board of Review. City Manager, Dan Andersen was directed to contact the following to ascertain if they would be willing to serve on said Board. Mr. Robert Andrade, L. C. Brooks and Jack La Noue. RE: BOARD OF EXAMINERS AND APPEALS - File 9-2-7 City Manager, Dan Andersen was instructed to contact present members of the Board to poll their feeling as to whether they wish to continue as a member of the board. RE: _ ADD, j_ PROPOSAL FOR FISCAL YEAR 1963-64 - H. D. KL I NKER - File 8-1 The proposal of H. D. Klinker, Public Account to perform the audit for the fiscal year TO BIDDERS AND DIRECTING CALL FOR BIDS FOR ONE (1) 1964 MODEL GASOLINE MOTORIZED HEAVY DUTY TRUCK CHASSIS AND CAB. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PLANS AND SPECIFICATIONS - ONE (1) SET -HYDRAULIC HOIST & DUMP BODY - File 4-2-55 RESOLUTION NO. 2881 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR BIDS FOR ONE (1) SET -HYDRAULIC HOIST AND DUMP BODY -INSTALLED BY BIDDER. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 On motion of Councilman Jensen, seconded by Councilman Barbier, the following were authorized to be placed on the regular payroll: (a) Robert Lee Rose as Assistant Civil Engineer commencing November 1st, 1963 at monthly salary of $670.00. (b) George W. Graham as Maintenance Man commencing October 21st, 1963 at monthly salary of $400.00. (c) Anthony Silveira as Maintenance Man commencing October 21st, 1963 at monthly salary of $400.00. City Manager, Dan Andersen and Chief of Police Charles Chiesa were directed to prepare a written summary on the appointment of a Sergeant and Lieutenant in the Police Department to be presented at the November 4th meeting. On the advise of his Doctor, Building Inspector Andrew Thomas requested a 60 day leave of absence. Personnel Officer, Dan Andersen was authorized to issue the accumulated sick leave and accumulated vacation. RE: BOARD OF REVIEW - File 9-2-12 The Council discussed the appointment of citizens to the Board of Review. City Manager, Dan Andersen was directed to contact the following to ascertain if they would be willing to serve on said Board. Mr. Robert Andrade, L. C. Brooks and Jack La Noue. RE: BOARD OF EXAMINERS AND APPEALS - File 9-2-7 City Manager, Dan Andersen was instructed to contact present members of the Board to poll their feeling as to whether they wish to continue as a member of the board. RE: _ ADD, j_ PROPOSAL FOR FISCAL YEAR 1963-64 - H. D. KL I NKER - File 8-1 The proposal of H. D. Klinker, Public Account to perform the audit for the fiscal year 77 U Li 13 U 1963-64 for a fee of $2,185.00 was read. Motion was made by Councilman Baar, seconded by Councilman Aby, accepting his proposal. Ayes: Councilmen: �,by, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: THICKNESS OF GLASS IN SLIDING DOORS - ORDINANCE NO. 774 - File 5i�� CJ_ S Letter of Robert Bottini of the Crown Glass Company calling the Council's attention to the fact that the Ordinance No. 774 does not coincide with the new standards requested by F. H. A. for tempered glass in patio sliding doors stating that nearly all cities in the Bay Area have accepted the revision. City Manager, Dan Andersen was directed with the assistance of the City Attorney to prepare an ordinance to coincide with the figures as quoted in the above referred to letter. RE: TRAFFIC IN LOCH LOMOND - File 11-1 x 100 Letter from Gary's Market of the Loch Lomond Shopping Center was read protesting of the in- stallation of a ''No Left Turn'' on Point San Pedro Road at the main entrance of the market. The letter was referred to the Traffic Committee for study. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated October 28th, 1963, and now on file in the Clerk's office to which reference is hereby made for further particulars: Council adjourned. GENERAL FUND $ 13,998.29 CAPITAL IMPROVEMENT FUND 396.24 SPECIAL RECREATION PROGRAMS 483.73 PARKS FUND 271.10 RETIREMENT SYSTEM FUND 6,589.88 EQUIPMENT & REPLACEMENT FD. 637.87 STORES FUND 121.79 CHULA VISTA ASSESS. DIST. 1,253.95 NORTHGATE INDUSTRIAL PARK ASSESSMENT DISTRICT 36,512.74 $ 60,265.59 J Approved this /� day of 19 . V MAYOR OF THE CITY OF SAN RAFAEL i 9 17 12 j In the Council Chambers of the City of San Rafael, Monday, November 4th, 1963 at 8:00 o'clock P.M. !° Regular Meeting: Present: Charles W. Aby, Acting Mayor Louis H. Baar, Councilman Harry A. Barbier, Councilman Fred E. Jensen, Councilman i Absent: John F. McInnis, Mayor The meeting was opened by Acting Mayor, Charles W. Aby. RE: APPROVAL OF MINUTES On motion of Councilman Jensen, seconded by Councilman Baar, the minutes of October 28th, 1963, a true and correct copy thereof having been heretofore submitted in writing to each member were approved. RE: PIMENTEL ANNEXATION - PUBLIC HEARING - File 5-2-34 The public hearing was declared opened. There being no one appearing for or against the annexation, the hearing was declared closed. An ordinance approving the annexation of certain uninhabited territory, designated "Pimentel Lands" to the City of San Rafael, and numbering Charter Ordinance No. 784 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: PUBLIC HEARING - SUBDIVISION OF PARCELS 11-071-18, 20 & 21 - File 10-6 Acting City Planner, David DuBiel briefed the Council on the action of the Planning Com- mission and illustrated by diagram its location. The hearing was declared opened. Mr. William Timmer representing Melba Kirchner presented arguments against the conditions attached to the subdivision of the parcels, particularly the 460 feet of water main for water service and a fire hydrant. The hearing was declared closed. No action. RE: DR. HUMPHRIES ANNEXATION - File 5-2-36 Petition for annexation was filed. RESOLUTION NO. 2882 - RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF SAN RAFAEL OF UNIN- habited territory described herein and designated "DR. HUMPHRIES LANDS," AND GIVING NOTICE OF TIME AND PLACE FOR HEARING PROTESTS THERETO. Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: OAK WOODLANDS UNIT TWO ASSESSMENT DISTRICT - File 6-12 Mr. Edwin Ness, attorney, addressed the Council regarding the above assessment district. RESOLUTION NO. 2883 - RESOLUTION AUTHORIZING AND DIRECTING THE FILING OF AN ENGINEER'S FINAL TABULATION OF COST OF IMPROVEMENTS IN OAK WOODLANDS UNIT TWO ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis The Engineer's final tabulation of costs for the acquisition of the improvements in the above district was filed. RESOLUTION NO. 2884 - RESOLUTION ADOPTING ENGINEER'S FINAL TABULATION OF COSTS AND FINDING AND DETERMIN- ING THAT THERE IS A SURPLUS IN THE FUNDS PROVIDED FOR THE ACQUISITION OF IMPROVE- MENTS IN OAK WOODLANDS UNIT TWO ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN I COUNTY, CALIFORNIA, AND DIRECTING THE ALLOCATION OF SAID SURPLUS. Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None 4 Absent: Councilmen: Mayor McInnis RE: WHITE OAKS UNIT TWO ASSESSMENT DISTRICT - File 6-9 Mr. Edwin Ness, attorney, for the above assessment district presented for filing the Certificate of Completion by the Engineer of Work. RESOLUTION HO. 2885 - RESOLUTION ACCEPTING WORKAND GIVING NOTICE OF COMPLETION OF IMPROVEMENTS IN WHITE OAKS UNIT TWO ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIF. Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis 7 `' 1� RE: MARIN BAY IMPROVEMENT DISTRICT NO. TWO - File 6-10 Mr, Kenneth Jones, attorney, for the above assessment district addressed the Council and presented various documents for Council consideration, RESOLUTION NO. 2886 - A RESOLUTION AUTHORIZING EXECUTION OFAMENDMENT TO AGREEMENT FOR ACQUISITION OF IMPROVEMENTS, Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RESOLUTION NO. 2887 - A RESOLUTION DIRECTING PARTIAL REASSESSMENT. Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RESOLUTION NO. 2888 a RESOLUTION FIXING TIME AND PLACE OF HEARING ON PARTIAL REASSESSMENT AND PROVIDING NOTICE. Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RESOLUTION NO. 2889 - A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION TO MAKE CHANGES AND MODIFICATIONS, Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: MARIN BAY IMPROVEMENT DISTRICT N0, 1 - File 6-7 Peter Hunt, attorney, addressed the Council regarding certain parcels that the Council was asked to abandon in the flood assessment. Dan Coleman, Engineer, pointed out the said parcels on a map. RESOIJJTION N0, 2890 - RESOLUTION AMENDING RESOLUTION NO. 2637. Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent; Councilmen: Mayor McInnis RE: PURCHASE OF (1) ONE COMPACT CAR THROUGH COUNTY OF MARIN BIDS - File 4-13-11 On motion of Councilman Jensen, seconded by Councilman Barbier, the City Manager was authorized to purchase (1) One Compact Car for the Police Department on the County of Marin bids. Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: -Councilmen: Mayor McInnis RE: CH/r9TER ORDINANCE NO. 777 - AMENDMENT - TRUCK ROUTES - F i le 11-1 Ayes: Noes: Absent: Norris Rawles, Supervisor of Public Works addressed the Council and described the proposed changes in the ordinance as presented, Dick Bettini, attorney, presented the problems confront- ing the contractors. Dino and William Ghilotti also addressed the Council regarding the weight problem. City Engineer, Dominic Selmi presented his views on the matter. The matter of the havier trucks operating on the streets was referred back to the Committee to await the attorney generals decision on the possibility of discrimination between merchandise handlers and dirt hauling. An ordinance amending Title 5, Chapter 5,52, Subsections D and E of Section 5.52.020 of the San Rafael Municipal Code by adding another street as a truck route and increasing the maximum gross weight limit of vehicles permitted on streets that are not truck routes and further amend- ing Section 5.52.020 by adding thereto subsection J pertaining to the issuance of special per- mits to operate vehicles exceeding 13 tons gross weight on special streets, and number Charter ? Ordinance No. 786 was read, introduced, and ordered passed to print by the following vote, to -wit; Councilmen: Aby, Baar, Barbier and Jensen Councilmen: None Councilmen: Mayor McInnis RE: AMENDMENT TO ORDINANCE NO. 774 - File 9-8 As directed by the Council, City Attorney, David Menary, Jr., presented an amendment to the ordinance which governs the thickness of laminated safety glass, tempered glass and wire glass. An ordinance amending Title 12, Chapter 12.12, subsection 1711 (f) of Section 12.12.020 of the San Rafael Municipal Code pertaining to the Uniform Building Code by changing the thickness re- quired of tempered glass, and numbering Charter Ordinance No. 784 was read, introduced, and ordered passed to print by the following vote, to -wit: j Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis Y 'J a r RE: DOMINICAN HEIGHTS UNIT - File 5-1-149 Removed from Agenda. RE: PROPOSED AMENDMENT TO SETBACK REQUIREMENTS ON FRANCISCO BLVD. - File 2-11 Matter was postponed. RE: STOP SIGN - FREMONT ROAD AND MARQUARD AVENUE - File 11-9 RESOLUTION NO. 2891 - A RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED. Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: AWARD OF BID ON (1) ONE FOUR DOOR SEDAN (Ames Ford) - File 4-2-53 RESOLUTION NO. 2892 - RESOLUTION AWARDING CONTRACT FOR ONE (1) 1964 FOUR DOOR SEDAN. Ayes: Councilmen: Aby, Baar, Barbier and Jensen Noes: Councilmen: None Absent: Councilmen: Mayor McInnis RE: UNDERGROUND CONDUIT ON ''A'' STREET - File 12-18 Norris Rawles, Supervisor of Public Works gave a verbal report on the placing underground of the overhead lighting system of a portion of ''A" Street and recommended that it be held over for further study. RE: REQUEST OF BELLA H. AARON TO LEAVE STATE - File 9-2-1 On motion of Councilman Jensen seconded by Councilman Baar, the request of Mrs. Aaron to leave the State from 11/8/63 to 11/24/63 was granted. RE: PERSONNEL Appointment of Lieutenant and Sergeant in the Police Department. As directed the Chief of Police , Charles Chiesa presented a summary on the appointment of a Lieutenant and Sergeant in the Police Department. Action was postponed to November 18th, 1963. File 9-3-30 The motion was made by Councilman Jensen, seconded by Councilman Baar, appointing Robert Andrade, L. C. Brooks and Jack La Noue to the Board of Review. File 9-2-12. City Manager, Dan Andersen gave a verbal report on contacting the present members of the Board of Examiners and Appeals. Action was held over for a more complete report. File 9-2-7 On motion of Councilman Jensen seconded by Councilman Baar, the salary of Acting City Planner, David DuBiel was raised to $600.00 per month effective November 1st, 1963. File 7-5 RE: CLAIM OF KATHERINE ADDISON - File 3-1 The claim of Katherine Addison for personal injuries in the amount of $500.00 was referred to the Insurance Carrier. RE: BUDGET APPROPRFATION - File 8-14 On motion of Councilman Baar, seconded by Councilman Jensen, the Council authorized the transfer from unbudgeted surplus to the following: 40 - 750, $100.00, 40 - 2:58, $150.00. ':�DJ- RE: APPEAL DECISION OF THE PLANNING COMMISSION - HARRY KIRSNER - File 10-6 The appeal of Mr. Harry Kirsner regarding a subdivision adjacent to Hillside Avenue was presented. Public Hearing was set for November 18th. RE: BRET HARTE DRAINAGE - File 12-9 Norris Rawles, Supervisor of Public Works gave a verbal report regarding the Francisco Blvd. Pumping Station. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated November 4th, 1963, and now on file in the Clark's office to which reference is hereby made for further particulars: G f d .- 0 GENERAL FUND $ 27,167.21 CAPITAL IMPROVEMENT FUND 25,173.04 RECREATION SPECIAL PROGRAMS FUND 3.50 PARKS FUND 625.50 EQUIPMENT & REPLACEMENT FUND 1,527.35 STORES ACCOUNT 57.57 NORTHGATE INDUSTRIAL PARK FUND 66,813.22 PARKING DISTRICT NO. 1 FUND 67.28 $ 121,434..67_ Council adjourned to November 18th, 1963. W. C. C?,PNWELL, Deputy City Clerk Approved this 1171—e day of 19 i. MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, November l8th, 1963 at 8:00 o'clock P. M. Regular Meeting: RE: APPROVAL OF MINUTES Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baar, Councilman Harry A. Barbier, Councilman Fred E. Jensen, Councilman On motion of Councilman Jensen, seconded by Councilman Baar, the minutes of November 4th, 1963, a true and correct copy thereof having been heretofore submitted in writing to each member were approved. RE: BID OPENING - HEAVY DUTY TRUCK CHASSIS AND CAB - File 4-2-54 The following bids were received, opened and read: Acnes Ford Sales Third and Irwin Sts. $ 2,647.99 DeLong Chevrolet 550 Francisco Blvd. 2,966.29 Rossi Garage 626 Fourth Street 3,010.80 RESOLUTION NO. 2893 - RESOLUTION AWARDING CONTRACT FOR (1) 1964 MODEL GASOLINE MOTORIZED HEAVY DUTY TRUCK , CAB AND CHASSIS. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BID OPENING - HYDRAULIC HOIST & DUMP BODY - File �(- 2-55 The following bid was received, opened and read: Gar Wood Industries, Inc. Fourth & Wright St. $1,030.64 RESOLUTION NO. 2894 - RESOLUTION AWARDING CONTRACT FOR ONE (1) HYDRAULIC LIFT AND DUMP BODY AS PER SPECIFICATIONS. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL DECISION OF PLANNING COMMISSION - EUGENE THREASRAU - File 10-6 Acting City Planner, David DuBiel briefed the Council on the history of the office building located at 1108 Tamalpais Avenue and the final action of the Planning Commission resulting from several meetings of the Commission at which amended plans had been submitted. Hearing was declared opened. Mr. Donner representing Mr. Treasrau explained to the Council why the con- struction as now exists was done under the issued building permit. Hearing was closed. The matter was referred. back to the Planning Commission. RE: THIRD STREET EXTENSION - WESTERLY - File 2-2 Mr. Harold Reid, attorney, for the Tachouet's addressed the Council regarding the agreement for the purchase of certain parcels of land from the Tachouet's. The ouncil requested that a copy of the contract be submitted to each member to enable them to familiarize themselves with the conditions. Action was deferred to December 2nd. RE: PUBLIC HEARING - APPEAL THE CONDITIONS TO SUBDIVISION - HARRY KIRSNER-- File 10-6 Acting City Planner, David DuBiel briefed the Council on the conditions being appealed which were attached to a subdivision requested by Mr. Harry Kirsner, being the construction of curb and gutters, and the posting of the bond for the faithful performance of the work on Hill- side Avenue, and the extension of water service and of a fire hydrant. Hearing was declared opened. Miss Helen Wintermute representing Mr. Kirsner addressed the Council and enumerated reasons for not constructing the curb and gutters. The Council informed her it would be necessary to in- stall a water line and fire hydrant, and she withdrew her appeal on that particular condition. Mr. Harry Winters addressed the Council and stated that he thought it would not be practical for the construction of the curb and gutters only in front of the lots under discussion. RESOLUTION NO. 2897 - RESOLUTION MODIFYING THE DECISION, DETERMINATION OR REQUIREMENT OF THE PLANNING COMMISSION OF THE CITY OF SAN RAFAEL IN CONNECTION WITH THE TWO -LOT SUBDIVISION ' OF HARRY KIRSNER OF PARCEL NO. 12-023-08 LOCATED ON HILLSIDE AVENUE. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis NOES: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2898 - RESOLUTION MODIFYING THE DECISION, DETERMINATION OR REQUIREMENT OF THE PLANNING COMMISSION OF THE CITY OF SAN RAFAEL IN CONNECTION WITH THE THREE -LOT SUBDIVISION OF HARRY KIRSNER OF PARCEL NO. 12-023-06 LOCATED ON HILLSIDE AVENUE. Ayes: Councilmen: Aby, Baar, Barbier,Jensen, and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - REZONING TERRA LINDA UNIT NO 20 FROM "U" TO R -1-B-2 DISTRICT - File 5-1-144 Acting City Planner, David DuBiel briefed the Council on the reasons for the request for the rezoning of the subdivision entitled "Terra Linda Unit #20. The Council discussed the surrounding area which is all unclassified or "U". Motion was made by Councilman Baar, seconded by Councilman Jensen, to grant the the rezoning. The Council discussed the question and the motion was made by Councilman Aby, seconded by Councilman Barbier, to table the previous motion as made by Councilman Baar. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None f The matter of rezoning was referred back to the Planning Commission and staff to study the whole "U" area and submit recommendations for rezoning. RE: FIRE HOUSE NO. 4 - File 2-1-27 Letter of Roger F. Hooper and Associates requesting authorization to proceed with the de- sign of the new structure which would be done under terms of the contract with Malone and ! Hooper, executed in February 1960. Matter was referred to Fire Commission. RE: GASOLINE MARKETERS, Inc. - File 2-8-4 Request of Gasoline Marketers to change the brand of gasoline which could be interpreted as the transfer of the lease was discussed by the Council. Motion was made by Councilman Aby, seconded by Councilman Barbier, to deny the request. Ayes: Councilmen: Aby, Baar, Barbier, Jensen andMayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: WHITE OAKS NO. TWO ASSESSMENT DISTRICT - File 6-9 Letter of the White Oaks Company requesting the City reduce its charge of $5,000.00 for pro- cessing of the bonds to $1,350.00 was read. No action. RE: TOYON ESTATES - File 5-1-120 Request of Public Works Department to release $4,351.00 to D. W. Barnard for work completec in the above subdivision was presented. Motion was made by Councilman Aby, seconded by Councilman Baar, to release the same amount. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: VARIANCE OF 17 FOOT SETBACK LINE - FIRST AND "D" STREET - File 9-8-1 The request for a variance to encroach into 17' setback line along First Street was pre- sented. On motion of Councilman Jensen, seconded by Councilman Barbier, variance was granted. The special interim setback on First Street as described in Chapter 13.12 of the Municipal Code was referred to the Planning Commission for study. RE: SEWER EASEMENT - GLEI\RJ00D SCHOOL AREA - File 2-3 RESOLUTION NO. 2895 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT - GLENWOOD SCHOOL AREA (Billings -Hutchison, Inc.) Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2896 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT - GLENWOOD SCHOOL AREA .( San Rafael School District) Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT TO INSTALL AND MAINTAIN A FIRE LINE - "C" STREET BETWEEN THIRD AND FOURTH - KAEHLER-FARRAR DEVELOPMENT COMPANY - File 2-11 Encroachment permit to install a private line from the water main in "C" Street to the sprinkling system of the Kaehler-Farrar Building was presented. The motion was made by Councilman Jensen, seconded by Councilman Baar, to grant encroachment permit #77. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilm=n: None 9� Jl RE: DOMINICAN HEIGHTS UNIT NO. 3 - File 5-1-149 Removed from Agenda. RE: PIMENTEL ANNEXATION - C. 0. #784 - Final Adoption- File 5-2-34 CHARTER ORDINANCE NO. 784 - An ordinance approving the annexation of certain uninhabited territory, designated "Pimentel Lands" to the City of San Rafael, and numbering Charter Ordinance No. 784 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None i Absent: Councilmen: None RE: THICKNESS OF TEMPERED GLASS - File 9-8 CHARTER ORDINANCE NO. 785 - An ordinance amending Title 12, Chapter 12.12, subsection 1711(f) of Section 12.12.020 of the San Rafael Municipal Code pertaining to the Uniform Building Code by chang- ing the thickness required of tempered glass, and numbering Charter Ordinance No. 785 was passed and i adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Noes: Councilmen: None Absent: Councilmen: None RE: TRUCK ROUTES - File 11-1 Barbier, Jensen and Mayor McInnis CHARTER ORDINANCE NO. 786 - An ordinance amending title 5, Chapter 5.52, Subsections D and E of Section 5.52.020 of the San Rafael Municipal Code by adding another street as a truck route and in- creasing the maximum gross weight limit of vehicles permitted on streets that are not truck routes and further amending Section 5.52.020 by adding thereto subsection J pertaining to the issuance of special permits to operate vehicles exceeding 13 tons gross weight on special streets, and numbering Charter Ordinance No. 786 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: -REQUEST FOR PUBLIC HEARING - File 10-6 The appeal of the decision of the Planning Commission of Fred Pape regarding a sign to be erected on Lincoln Avenue extension was read and hearing date was set for December 2nd. RE: REQUEST FOR PUBLIC HEARING - GUY DURYEE - File 10-6 Letter appealing the decision of the Planning Commission regarding the subdivision of lots 45 and 46 of the Martens Tract was read. The public hearing date was set for December 2nd. RE: PURCHASE OF POLICE VEHICLE - File 9-3-30 The Council discussed with the Assistant Chief, Joe Brusatori and City Manager, Dan Andersen, the specifications of a police vehicle which could be purchased through the State Purchasing Department. The City Manager was directed to write a summary of the specifications and comparison of the cost if bough locally. i s RE: BUDGET APPROPRIATION - File 8-14 Motion made by Councilman Baar, seconded by Councilman Aby, authorizing the transfer from unappropriated surplus to budget accounts the following: 43 - 250 - $ 475.00 48 - 282 - $ 2,500.00 From 55-5-2 - $1,100.00 to Clark Street Drainage Project. RE: OFF-STREET PARKING --File 12-14 x 4-3-23 The revised report of D. Jackson Faustman was presented to the Council. ( The Council discussed the use of a portion of the Pacific Gas and Electric Company lot as ' temporary parking during the period of Christmas shopping. The City Manager was authorized to negotiate with the Pacific Gas and Electric Company fcrtthe use of a portion of the lot at Third and Lootens and the Department of Public Works was authorized to expend $2,500.00 for thetemporary surfacing. City Manager, Dan Andersen was directed to arrange a meeting with Stone and Youngberg for dis- cussion of the financial aspects of off-street parking for Monday, November 25th. Mr. Sigfried Herzog addressed the Council thanking them for their action in providing additional parking. RE: UNDERGROUND UTILITIES - File 12-18 City Anter'y, David Menary, Jr, gave a verbal report on the progress of the agreement with the Pacific Gas and Electric Company for the Placing of overhead utilities underground on ''A" Street. l o P ( -3 , L) RE: BRET HARTE ROAD - REMOVAL OF NON -ACCESS STRIP - File 2-12 Letter from Richard V. Bettini requesting that the City abandon a one foot non -access strip at the northerly end of Bret Harte road which would enable the adjoining parcel to have access into Bret Harte Road was read and was referred to the Public Works Department for recommendatior RE: REFUND OF OVERPAYMENT OF SALES TAX - File 8-10 Motion was made by Councilman Jensen, seconded by Councilman Aby, that San Rafael Restaurani Corp. dba Gourmet Joe's be refunded for overpayment of sales tax $600.00 and that the Statutes of Limitations be waived. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: AMENDMENT TO SETBACK ORDINANCE - File c)-8-1 City Attorney, David Menary, Jr, presented an amendment to Title 13 of the Municipal Code entitled "Setbacks". An ordinance amending title 13 of the San Rafael Municipal Code entitled "Setbacks" by adding thereto Chapter 13.20 providing for the issuance of variances in connection with setbacks, and numbering Charter Ordinance No. 787 was read, introduced, and ordered passed to print by the fo 1 1 owing vote, to -wit: Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: MUNICIPAL BONDS- File 8-12 Letter from the Bank of America requesting support for Bill H. R. 5845 permitting commercial banks to invest in Municipal Bonds was read. Council authoirzed City Manager, Dan Amdersen to write Congressman Don H. Clausen that the City of San Rafael supports the Bill. RE: SALE OF CITY HALL - File 12-2 The Council discussed the form of bid for the sale of the City Hall property. City Attorney, David Menary, Jr. was directed to work with Councilman Baar to submit two types c bid form, one for sale of the property without conditions and the other form with the condition to retain the same area as the "C" Street parking Lot. RE: SENIOR CITIZENS - PUBLIC HOUSING - File 13-1 Mayor McInnis brought before the Council for consideration a plan for public housing by the City which would distribute the elderly people throughout the community. Jack Phillips, Manager of Chamber of Commerce informed the Council that the Chamber of Commerce would be glad to cooper RE: PERSONNEL - APPOINTMENT OF LIEUTENANT AND SERGEANTS IN POLICE DEPARTMENT - File 7-5 y, 9--�-3 a Motion was made by Councilman Aby, seconded by Councilman Baar, that Sergeant Borba be pro- moted to Lieutenant and that Officer Carlton be promoted to Sergeant, and that Inspector's Camper and Cheetham be advanced to the rank of Sergeant. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated November 18th, 1963, and now on file in the Clerk's office to which reference is hereby made for further particulars: , Council adjourned. GENERAL FUND ------------------ $ 9,848.60 PARKS FUND----------------------- 69.56 CAPITAL IMPROVEMENT FUND--------- 487.58 EQUIPMENT & REPLACEMENT FUND----- 198.93 SPECIAL RECREATION PROGRAMS FD;-- 111.37 STORES FUND--------------------- 321.84 NORTHGATE INDUSTRIAL PARK -------55,436.00 $ 66,473.88 C. /CORNWELL, Deputj City Clerk Approved this // day of MAYOR OF THE CITY OF SAN RAFAEL 19 k- (, ate. rM in the Council Chambers of the City of San RaFael, Monday, December 2nd, 1963 at 8:00 o'clock P.M. Regular Meeting: Present: John F. McInnis, Mayor Charles W. Aby, Councilman Louis H. Baer, Councilman Harry A. Barbier, Councilman Fred E. Jensen, Councilman RE: APPROVAL OF MINUTES i On motion of Councilman Jensen, seconded by Councilman Aby, the minutes of November 18th, 1963, a true and correct copy thereof having been heretofore submitted in writing to each member were approved. RE: PUBLIC HEARING - HUMPHRIES ANNEXATION - File 5-2-36 Public hearing was declared opened. There being no one appearing for or against, the hear- ing was declared closed. An ordinance approving the annexation of certain uninhabited territory, designated ''Dr. Humphries Lands'' to the City of San Rafael, and numbering Charter Ordinance No. 788 was read, introduced, and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Aby, Bear, Barbier, Jensen and Mayor McInnis Noes: Eouncilmcn: None Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL DECISION OF THE PLANNING COMMISSION - GUY DURYEE - File 10-6 Public hearing was declared opened. Acting City Planner, David DuBiel briefed the Council on the reasons for the decision of the Planning Commission regarding the two lots as being assessed as one parcel. Mr. Samuel W. Gardiner, attorney, addressed the Council for Mr. Duryee and presented a map of the area and explained the existing conditions as ownership in various and single lots. Motion was made by Councilman Jensen, seconded by Councilman Aby, to grant the appeal from the decision of the Planning Commission. Ayes: Councilmen: Aby, Bear, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL DECISION OF PLANNING Commission - FRED PAPE - File 10-5, 10-6 Public hearing was declared opened. Acting City Planner, David DuBiel briefed the Council on the reasons for the Planning Commission's decision regarding the sign to be constructed on Lincoln Avenue Extension. The conditions of the sign to be 50' high and not to revolve. Mr. Fred Pape addressed the Council and presented an artists sketch of the proposed sign, also stating that they had agreed to the 50' height of the sign but requested that the 16' spear be retained. A representative of the Electrical Products Corporation, designer of the sign addressed the Council explaining that the spear was wuite necessary for the appearance of the sign, and that the sign should revolve to obtain 100% efficiency. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to grant the use permit for a sign 50' high with the 16' spear, and also grant architectural approval for the sign to revolve. Ayes: Councilmen: Aby, Bear, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - THIRD STREET EXTENSION - EASTERLY - PLACING OF OVERHEAD UTILTIES UNDERGROUND - File 12-18 Public hearing was declared opened. There being no one appearing for or against, the Council discussed with Mr. Larry Biancalana of the Pacific Gas and Electric Company the cost of connect- ing to the underground service by the property owner. The Council directed Supervisor of Public Works, Norris Rawles with the assistance of the City Attorney to prepare a notice to the property owners adjacent to that portion of Third Street affected, informing them that the cost would have to be borne by themselves for the installation from the underground box to their point of service outlet. The notice to be sent out by the Clerk's office. The hearing was continued to December 16th. RE: MARIN BAY IMBROVEMENT DISTRICT NO. 2 - File 6-10 Public hearing on the partial reassessment was declared opened. There being on one appear- ing for or against, the hearing was declared closed. RESOLUTION NO. 2899 - A RESOLUTION CONFIRMING PARTIAL REASSESSMENT. No. 2. i Ayes: Councilmen: Aby, Bear, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None (Marin Bay Improvement District RESOLUTION NO. 2900 - A RESOLUTION DETERMINING UNPAID REASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS (Marin Bay Improvement District No. 2' Reassessment Nos. 25A, 403A, 73A and 74A. Ayes: Councilmen: Aby, Saar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Public hearing of intention to make changes and modifications was declared opened. Mr. Dan Coleman, Engineer addressed the Council explaining that there should be no differen6l in the cost. There being no written protests filed nor no one appearing against, the hearing was declared closed. RESOLUTION NO. 2901 - A RESOLUTION DETERMINING CONVENIENCE AND NECESSITY AND ORDERING CHANGES AND MODIFICATIONS - Marin Bay Improvement District No. 2. Ayes: Councilmen: Aby, Saar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None Intention to sell electric, and gas distribution and telephone improvements. RESOLUTION NO. 2902 - A RESOLUTION OF INTENTION TO SELL ELECTRIC AND GAS DISTRIBUTION AND TELEPHONE IMPROVEMENTS WIIH IN MARIN BAY IMPROVEMENT DISTRICT NO. 2.411 THE CITY OF SAN RAFAEL AND PROVIDING FOR NOTICE AND HEARING THEREON. Ayes: Councilmen: Aby, Saar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent:Councilmen: None RE: CHARTER ORDINANCE NO. 787 - AMENDMENT TO SETBACK ORDINANCE - Final Adoption - File 9-8-1 CHARTER ORDINANCE NO. 787 - An ordinance amending title 13 of the San Rafael Municipal Code en- titled "Setbacks", and numbering Charter Ordinance No. 787 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Aby, Saar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: EXTENSION OF THIRD STREET - Westerly - TACHOUET - File 2-2 City Manager, Dan Andersen briefed the Council on the results of the negotiation for the parcel of land for the extensdon of Third Street, westerly through the Tachouet property. Harole Riede, attorney, discussed with the Council the additional parcel requested by the Engineering Department, its area and cost. The Council agreed to pay $44,150.50 for the lands to be acquired from the Tachouet's. RESOLUTION NO. 2903 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Aby, Saar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 2904 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. Ayes: Councilmen: Aby, Saar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: BRET HARTE ROAD - ONE (11) NON -ACCESS STRIP - File 2-12 The Council discussed with Mr. Richard V. Bettini his request for the City to abandon the one (1') non -access strip on the cul-de-sac at the end of Bret Harte Road. The Council requeste Mr. Eettini to submit a subdivision map or plans for the area owned by him and at that time the Council would take action. RE: OAK WOODLANDS UNIT P.10 -_RELEASE OF $500.00 CASH BOND (THREE PLANTING) - File 8-15 x 6-12 Supervisor of Public Works, Norris Rawles advised the Council that the tree planting had been accomplished and recommended the release of the (cash bond. Motion was made by Councilman Jensen, seconded by Councilman Saar, to release the $500.00 cash bond to Mari -n Capital Company, 125 Camino Alto, Mill Valley, California. Ayes: Councilmen: Aby, Saar, Bariber, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: DAVID COURT - Final Map - File 5-1-150 Supervisor of Public Works, Norris Rawles presented the final map of David Court. After discussion, the Council directed the Public Works Department to investigate the easement as shown on the map as to the ownership of said easement. RE: DOMINICAN HEIGHTS NO. 3 - File 5-1-149 Supervisor of Public Works, Norris Rawles presented the final map of Dominican Heights together with the agreement and bond for completion of improvement work. 1 RESOLUTION NO. 2905 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "DOMINICAN HEIGHTS UNIT THREE. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: CHANGE OF STREET NAME - File 11-2 Acting City Planner, David DuBiel presented a diagram illustrating the recommendation of the Planning Commission to change a portion of Glen Park Avenue to Worthington Lane. William Parnow addressed the Council informing him that in all probaility Sienna Street should be extended to Glen Park Avenue as it nows exists. No action. RE: AMENDMENT TO OFF-STREET PARKING AND LOADING REQUIREMENTS, TITLE 14 OF ZON114G - File 12-14 Acting City Planher, David DuBiel presented an ordinance as recommended by the Planning Com- mission for the amendment to the above referred to title. The matter was referred to the City Attorney, David Menary, Jr. to check the format as to whether it was legally correct. RE: SALE OF CITY HALL PROPERTY - PROPOSED AGREEMENT TO SELL - File 12-2 A rough draft of the notice of sale of the City Hall property having been distributed to the Council by City Attorney, David Plenary, Jr. was discussed. The Council directed the Public Works Department to prepare two descriptions, one parcel to be 130 Feet by 130 feet fronting on "A" Street, and issued instructions as to bids. RE: POLICE CAR SPECIFICATIONS - File 9-3-30 City Manager, Dan Andersen submitted a report on police car specifications. Said report being discussed by the Council. Motion was made by Councilman Baar, seconded by Councilman Aby, authorizing the purchase from the State Highway Department of a specially designed patrol car for the Police.Department. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: FIRE STATION Id O. 4 - CONTRACT WITH ARCHITECTURAL FIRM FOR DESIGN. - File 2-1-27 x LF -3-13 It was the City Attorney's opinion that the original contract with Malone and Hooper was still in effect. Motion was made by Councilman Aby, seconded by Councilman Baar, authorizing the firm of Roger Hooper AIA and Associates to proceed with the design of Fire Station No. 4 working under the agreement with Malone and Hooper dated February, 1560. Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen None Absent: Councilmen: None RE: TRANSFER OF FUNDS - File 8-14 Motion was made by Councilman Aby, seconded by Councilman Jensen, to transfer From un- allocated surplus to the follo,.ving: 65-252 - $500.00 65-265 - $ 50.00 and to transfer from the following: $125.00 31-720 to 31-520 $2oo.00 66-265 to 66-260 $loo.00 66-253 to 66-230 Ayes: Councilmen: Aby, Baar, Barbier, Jensen and Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None RE: REQUEST FOR PUBLIC HEARING - File 10-5 The appeal of Robert S. Miller of the decision of the Planning Commission regarding use permit for parcel 13-031-09 was read. Public hearing was set for December 16th. RE: RESIGNATION FROM PARK AND RECREATION COMMISSION - File 9-2-4 Letter of resignation of Carl J. Brown, Chairman of the Recreation Commission was read and accepted with regrets. City Manager, Dan Andersen was directed to write him a letter of thanks for his service on the Commission. Mayor McInnis requested the Recreation Department and Councilmen be prepared to make a re- commendation For the filling of the position in the near Future. "� I 9D c RE: HUMAN RIGHTS COMMISSION - File 13-1 Letter from the Board of Supervisors requesting that the City of San Rafael. be represented at a joint meeting of the Board of Supervisors, and incorporated.cities regarding the formation of a Human Rights Commission be considered. Mayor McInnis was authorized by the Council to represent the City of San Rafael. RE: REQUEST FOR PUBLIC HEARING - File 10-6 Letter of Clarence A. Bowman appealing the decision of the Planning Commission in their approval of San Rafael Woods Subdivision was read. Hearing was set for January 6th. RE: EXCESSIVE EXCAVATION - File 9-8 The matter of excessive excavation and the problem of slopes was brought up by Councilman Baar, and discussed by the Council and the Supervisor of Public Works. Supervisor of Public Works, Norris Rawles and City Attorney, David Menary, Jr, were directed to explore the mechanics whereas the building department and the engineering department could work more closl on excavations for building sites and foundations. RE: MARIN SENIOR ASSOCIATION INC. - File 102 Letter of appreciation from the Marin Senior Association, Inc, thanking the City -For the excellent recreation program being provided was read. RE: REQUEST FOR PUBLIC HEARING - VENTURA FARMS (01SULLIVAN) - File 10-4 The request of Ventura Farms appealing the decision of the Planning Commission on Variance Permit No. 768 on parcel 11-183-10 at the corner of Lincoln and Laurel Place. Public -hearing was set for January 6th. RE: REQUEST FOR PUBLIC HEARING - EUGENE TREASRAU - 1108 TAMALPAIS AVENUE — File 10-6 Mr. Eugene Treasrau appealed the decision of the Planning Commission regarding the buildinc at 1108 Tamalpais Avenue. Public hearing was set for December 16th. RE: FENCING OF POOLS - File 13-9 The Council requested that the Fencing of pools be put on the agenda for December 16th. RE: OFF-STREET PARKING - File 12-14 x 119 Letter of the Chamber of Commerce thanking the Council for arranging for off-street parkinc on the Pacific Gas and Electric Company lot between 2nd and 3rd Streets was read. RE: GIFT OF SLIDE FOR PLAYGROUND - File 12-15 x 102 x 105 City Manager, Dan Andersen was directed to write to Mr. Paul Chiaroni of San Anselmo to thank him for the slide which he donated for one of San Rafael's playgrounds. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated December 2nd, 1963, and now on file in the Clerk's Office to which reference is hereby made for further particulars: GENERAL FUND CAPITAL IMPROVEMENT FUND PARKS FUND EMPLOYEE RETIREMENT FUND PARKING DIST. NO. 1 EQUIPMENT it REPLACEMENT FUND NORTHGATE INDUSTRIAL PARK STORES FUND CAPITAL IMPROVEMENT FUND Council adjourned to December 16th, 1963. $ 23,478.12 273.02 215.30 6,721.51 56.21 2,782.23 29,549.02 72.87 63,148.28 $ 44.150.50 W. C/ CORNWELL, Deputy ity Clerk Approved this / /� day of 19 i J