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Home My WebLink AboutTC Min 1970 (January thru August) No. 184; January 26, 1970 Action: Approved with amendments. Motion of Ellinwood, seconded by Bremer, to approve Minutes No. 184 of January 26, 1970, accepting the written list of corrections sub- mitted by Ellinwood on February 9, 1970, carried: AYES: NOE S : ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None i ./ None ** From Minutes #187 of 3-9-70 A I [J -j-'" "[' r~ /- /"'"'' i .' l. 1, ~ l.-t J' '-~, c.,c '(.') L. -t .....L I L L"t..-- ( /' i / : / -(. (' . ;/ f' v L~,V)"\. l_L>t,c.-t ..._(~,.- (/"~L.- b/, ........: L>(,JV\{)/\, ~._. 'I \ , .;. /'- '.. 'l--~(:;lt- c!,' \ 11 L;,,-,<~:C:<) / T tq.~4V\ .~ !C--' - "'- ~,/l'X- t. \. \. ~ \.-. I "l / L,) /-rf (LVI C.::,-,- v ' t' /}J....QJC~I =# (, ~~ 'I l - 1 ." (': A (,l' , (V .- ,-(.'-- !11;.;---- . ( , '""\ ' I 'I /; ~...... '""\ .,.J (I I ' . it. I .' .'. (. .1 ! I ;."- / tV (1' f ~ () ~ f:1J:CL/-]/L-kr\. -- /1-.<' /Lt:ir- --r1'-4,< ',\h. 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J ~ ~ . ~, f .' ~~ j c-i ~.~ ~~ - ~ .~'-~ ~ ~ \~: .~ ~ - - ~? ~ ~ ~ ,_/~" 0L~ ~ / ' '---\/- - ~ - -' (- ~ ~ 1- J . ~ ~ R~,>t\ -~, ~,~ ~ ?'__..:, _ - r ~ "f ~ (, - ~~ S"'~.'~ ~ ~I "ft' *, h &- ~ ~ L ,~~ ff j \ . ;:: A-.. '" - G ( ~ ~ l - ~'" , k~ ',~' i {R f t.~ - ~v J ~. ~ l ~ CITY COUNCIL CITY OF TIBURON I . CALL TO ORDER The regular meeting of the City Council, City of Tiburon) State of California, was called to order by Mayor Branwel1 Fanning at 8:10 p.m. ) January 26, 1970, in the City Hall Council Chamber. I I . ROLL CALL PRESENT: COUNCILMEN: ABSENT: COUNCILMEN: EX OFFICIO: Mayor Fanning, Bremer, Drohan, Ellinwood, Rice None Lawrence D. Rose, City Manager Robert L. Kleinert, Assistant City Manager Richard H. Breiner, Deputy City Attorney Louis F. Brunini, Superintendent of Public Works Wayne E. Moody, Planning Director Phil V. Scott, Development Administrator Ray W. Foreaker, Jr., City Engineer Hellen K. Hecht, Minute Clerk III. APPROVAL OF MINUTES No. 183; December 8, 1969 Action: Approved. Motion of Drohan, seconded by Rice, to approve Minutes No. 183 of December 8, 1969, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None IV. CONSENT CALENDAR Item 8, AB 301 - 1968-1969 AUDIT ACCEPTANCE, was removed to the General Calendar, to be placed on the agenda for the next meeting. /\B 298 '.':AB 307 'B 300 B 299 AB 305 - RESOLUTION REQUESTInG SERVICES OF THE COUNTY RELATING TO THE CONDUCT OF AN ELECTION - SETTING OF PUBLIC HEARINGS - APPOINTMENT OF REPRESENTATIVE, MOSQUITO ABATEMENT DISTRICT - SUPPLEMENTAL LOAN TO PAY EXPENSES OF PROJECT M-70-3, TARA HILL SLIDE REPAIR - CODE AND ORDINANCE VIOLATIONS, 2244 VISTAZO EAST, Files 26902, 26923 & 69206 - MONTHLY DEPARTMENTAL REPORTS Monthly Cash Flow Statement, Nov. 19~9 Department of Public Works, Dec. 1969 City Engineer, December 1969 Urban Development, December 1969 Urban Development, Comparative Report, December 31, 1969 Police Report, November 1969 The captioned matters constituting the Consent Calendar, with the/ minor change on AB 307, it was adopted on motion of Drohan, seconoed by Bremer: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None ~LERK'S NOTE: Excepting only the request of Drohan that the Planning Director set hearings for only two of the three matters at the first meeting in February, the third matter to be carried to the agenda for the last meeting in February. January 26, 1970 Minutes #184 Page 1 v. ORDINANCES AB 307 AMENDMENT OF MUNICIPAL CODE TO PROVIDE FOR ADDITIONAL UNDERGROUND UTILITY DISTRICTS Action: Adopted as Ordinance No. 41 N.S.; effective in thirty days. By Bill No. 294 of January 26, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF UNDER- GROUND FACILITIES IN UNDERGROUND UTILITY DISTRICTS, AND AMENDING CHAPTER 12 OF TITLE III OF THE TIBURON CITY CODE, having passed first reading on December 8, 1969, came on for second reading and adoption. Motion of Rice, seconded by Drohan, to read Ordinance No. 41 N.S. by title only, carried: AYE S : NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None The ordin~nce having been so read, it was moved by Rice, seconded by Drohan, to ~dopt Ordinance No. 41 N.S. It was moved by 3remer, seconded by Rice, to amend Section 12-5 of the ordinance as follows: ". . . to provide emergency service~ and the utility shall \'.7ithin 2[:. h9~rs thereafter, so notiry the City of Tiburon. , I Motion on the amendment carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILHEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None Mr. Richard Conrcd of PG8!E was recognized and recommended minor changes to the ordinance. The proposals were discussed without action to adopt them. The question \'J2S called on the main motion as amended, and carried: AYES: NOES: ABSENT: COUNCILMEN: COU!:C ILl-~N : COUNCILMEN: AB 217 REZONING: RO-1 to RP James C. Reisinger Bremer, Drohan, Ellinwood, Fanning, Rice None None Action: Adopted as Ordinance No. 42 N.S.; effective in thirty days; policy attached. By Bill No. 217 of January 26, 1970, an ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S. TO RECLASSIFY CERTAIN PROPERTY FROM THE RO-l ZONE TO THE RP ZONE, having passed first reading on May 26, 1969, came out of committee for second reading and adoption. It was moved by Drohan, seconded by Bremer, to read Ordinance No. 42 N.S. by title only; motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None The ordinance having been so read, it was moved by Drohan, seconded by Bremer, to adopt Ordinance No. 42 N.S., and state it as the policy of the City Council respecting this property: January 26, 1970 Minutes #184 Page 2 1. That maximum density shall not exceed 1.5 units per residential acre; 2. That the full Planning Commission shall review and recommend action on the General and Precise Plans for the property prior to action by the Board of Design Review. Debate on the motion ensued. The Planning Director, in presenting the revised plans, observed that under the existing RO-l zoning it would be difficult to achieve any of the elements of the general plan, the trails plan, or the zoning map. Mr. Rampton Harvey was heard in opposition to any plan which would allow a 60 percent increase in density over that obtainable under the existing RO-l zoning. Mr. Robert Hayne urged that the matter be returned to the Planning Commission for review of the amendments. Mr. B. Falk, 19 Tanfield Road, also urged further study of the proposed rezoning. Mr. Stephen Heller, as co-applicant, expressed preference for the RP zoning. In response to the issues raised, Drohan observed that the Planning Commission h~d already recommended RP zoning for the area and that this was no longer in debate, only the question of the increase in density to be allowed under RP zoning. After further discussion by the City Council, Drohan withdrew the main motion ~vith permission of the seconder. Thereafter, he moved that the city policy regarding the property in question be that the maximum density should be set at 56 units unless particular excel- lence of design and open space dedication should warrant a maximum of up to 1.5 units per acre; secondly, that the full Planning Commis- sion shall review and recommend action on the General and Precise plans for the property prior to any action by the Board of Design Review. The motion carried: AYES: NOES: ABSENT: COUNCILl-1EN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None Motion of Drohan, seconded by Bremer, to adopt Ordinance No. 42 N.S. carried: AYES: NOES: ABSENT: COUNCILHEN: COUNCILI1EN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None Clerk's Note: The Chair took notice that this and possibly other proceed- ings of the matter were being recorded by Mr. Stewart Hopkins, president of the Hill Haven Property Owners Association. RECESS A recess was taken at 9:45 p.m., the council reconvening at 9:50 p.m. , the roll standing as originally taken. VI. SUSPENSION OF THE ORDER OF BUSINESS AB 303 REPORT ON STORM DN~GE Action: Report fiZed~ project priority to be reexamined. The Chair suspended the regular order of business in order to receive the report on storm damage suffered in the city since December 19, 1969. By AB 303 of JanUary 26, 1970, the City Manager presented the staff January 26, 1970 Minutes #184 Page 3 report on details of the damage suffered, together,with ~easUres taken immediately to remove the damage from public property and to protect against further d2mage, including the provision of an emergency supply of sandbags 2!ld sump pumps. Drohan raised the question in the letter from the Pine Terrace Property Owners Association asking the City to take further corrective steps with respect to the drainage system serving the Pine Terrace area. The City Engineer responded that temporary measures had proven effective and he would submit as a budget item for the next fiscal year proposals for permanent improvements. The City Manager lIas instructed to take whatever action he determined necessary to control the hazardous traffic situation on Mar West in the area of the slide near 1661 Mar Hest. The Chair alluded to the threat of litigation by the Belvedere Lagoon Property ~vners Association against the City of Tiburon and others with respect to runoff into the lagoon and suggested a renewal of efforts as between the Lands and Development Committee and with the Public Services Committee and the State Division of Highways needing to reconstruct Tiburon Boulevard, since the city had no~v installed a drainage system and the Grades for downtown had been set. Bremer proposed a ~e-examination of the McCreery-Koretsky 1969 down- to't']n drainage basin survey to see Hhat measures might be taken from amongst tile Ge~lcral proposals in the report short of the total $400,000 project recommended therein. Mr. John Schiffeler, president of the Pine Terrace Property Owners Association, ~Gked how soon money might be allocated for permanent correction of the drcLinage problems in their area, and Rice responded that the city could proceed on a priority basis by examining the projects alrc2dy allocated in the current budget in determining whether a neH syst(~m of priorities should be set, up, in view of the problems no'\.] coming to light. Mrs. Pat Pickett, 1800 Vistazo f~st, was advised by the Chair that problems lvith the drainage facilities and utilities easements were the responsibility of the abutting property owners. To a question by Mr. John Luc, the City Manager responded that the county had been declared a county disaster area only by the Small Business Administration, Hhose funds would be available to private property owners to ~estore their property. Mr. Stewart Hopkins, president of the Hill Ilaven Property Owners Association, was advised by the Chair that, although the city did not have a master drainage plan, elements of the various systems 'tvere mapped and available to the city. Ellin't'700d spoke to [l report of her survey of storm damage containing certain recommendations, which was referred to the City Engineer for response. The City Manager advised the council of the issuance of General Order No. 22, dated J~nuary 7, 1970, setting up certain guidelines to be applied when considering cuts and fills made by grading individual lots. These guidelines were intended to reduce the incidents of erosion. VII. RESOLUTIONS Clerk's Note: Item 4, AB 298, RESOLUTION REQUESTING SERVICES OF THE COUNTY RELATING TO THE CONDUCT OF AN ELECTION, was here recognized by the Chair as being Resolution No. 269. January 26, 1970 Minutes #184 Page 4 AB 297 TENTATIVE SUBDIVISION MAP Hans R. Meyer Action: Resolution No. 270 adopted with five-foot easement. By AB 297 of January 26, 1970, the Lands and Development Committee brought before the council an application by Hans R. Meyer of Deak & Co., for a resubdivision of four lots, Nos. 6, 7, 11 and a portion of Porto Marino Estates and a portion of lot 3 of Del Miramar, into six lots. The Planning Director stated since action on this matter by the Planning Commission the applicants have sold the parcel immediately to the northeast of the subdivision, and therefore preferred an alternate trail easement shoHn as option No. 2 on the proposed resubdivision plan. The Planning Director recommended alternate #1 should be revised to exclude the lot in question and instead be a minimum 5-foot easement wholly on the adjacent parcel, or an in-lieu payment be made for path- way acquisition and development in the neighborhood. It was moved by Drohan, seconded by Bremer, that Resolution No. 270 be adopted. As suggested by the Planning Commission in its recommendations, Drohan requested the minutes reflect the decision to put the five-foot easement into the adjoining piece of property, which is under the control of the developer, and recommended alternate No. 1 as a more logical pnthway. t~. J. M. Hall, 160 Porto Marino Drive, adjacent to the west of this subdivision, was recognized and indicated objection to alternate pnth #2 and approval of path #1. To a question by Mr. Robert Wayne as to whether or not the reorganiza- tion into six lots satisfied the requirements of the slope angle, the Planning Director stated in the affirmative. Mr. Arthur Lang, representing Mr. Hans R. Meyer, objected on behalf of his clients to the alignment of the path as uneconimically dividing the property. Mr. Joseph Sabella of 15 Mar Terrace expressed his approval of the path easement. Question was called on Drohan's motion to adopt Resolution No. 270 with alternate No. 1 as indicated, the 10-foot easement to be changed to five feet, and carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None AB 292 PD PRECISE PLAN 1600 Tiburon Boulevard Mobil Oil Corp. Action: Matter continued to time uncertain. At the request of the applicant this matter Bas continued. VIII. MINUTE ORDERS AB 301 AUDIT ACCEPTANCE Action: Continued to 2/9/70. It ~vas moved by Bremer, seconded by Drohan, to continue this matter to the next agenda. January 26, 1970 Minutes #184 Page 5 AB 304 Action: HEARING TO SliGH CAUSE RE: File 69209 HAZARDOUS BLDG., 13..19 Main St. (Tijerina Building) By AD 304 of January 26, 1970, Drohan brought before the City Council action taken to date by the city in attempting to have the Tijerina Building, 13 through 19 Main Street, brought up to standards, which building had been found by the City Council to be a hazardous building and the Development Administrator had recommended condemnation and demolition of the structure. The City Manager presented a letter dated January 23, 1970, signed by Mr. Roderick P. Martinelli indicating required construction \vou1d be effected immediately. The Development Administrator stated he had a signed agreement indicating the building Hould be brought up to standards; and Mr. Tom Belton indicated he was \vi11ing to fulfill his part of the arrangement on the building con- struction. Tabled for sixty days. The Chair directed the matter be tabled, to be revie\ved in 60 days to determine Hhether further action Hill be necessary. Drohan asked tbat the staff be complimented for doing a fine job in forcing this issue. AB 302 APPLICATION FOR CERTIFICATE FOR TIBURON-ALCAT~~Z FERRY SERVICE Har~or Carriers, Inc., No. 51407 Action: Protest authorized. By AB 302 of January 26, 1970, the Public Services Committee brought before the City Council a request for a determination as to \1hether or not the City of Tiburon wishes to file a formal protest to the appli- cation by Enrbo~ Carriers, Inc., to the Public Utilities Commission of the State of California to operate a scheduled ferry service between Tiburon and A1catraz Island. It was the S2ilse of the council that they were opposed to this appli- cation as there \Vas no demonstrable need for this service, and the Cnair directed the City Manager indicate th~ir formal protest to the Public Utilities Commission. AB 286 IMPLEMENTATION OF SCHOOL PATH BETHE2N JEFFERSON DRI'IE AND REED RANCH ROflo.D Action: Referred to PubZic Services Committee. Rice requested this matter be returned to the Public Services Committee for further study. Hr. George Ellman of the ParLs and Recreation Com- mission asked if they could Horl~ \"lith the Public Services Committee on this matter, and the Chair replied they would welcome their assist- ance. AB 308 INTERIM PROVISIONS FOR RUBBISH DISPOSAL BY HOUSEHOLDERS Action: Continued to 2/9/70. By AB 308 of January 26, 1970, the City Manager proposed several alternative methods to provide for rubbish disposal as a substitute for the open burning now banned by the Bay Area Air Pollution Control District. The Chair suggested that the bill be referred to the Public Services Committee for revie\1 of the findings and recom- mendations of the City Manager, thereafter to be returned to the agenda for the first meeting in February. Drohan moved that the City Manager be authorized to contract ~1ith the Mill Valley Refuse Company for a refuse box to be placed at the Tiburon Sanitary District Plant on Mar W2St; secondly, that a sum of $600 be appropriated for this purpose for a period of five months; January 26, 1970 Minutes #184 Page 6 third, that the local nevJspapers be requested to give adequate coverage to the fact that the trash debris box is going to be there, including a definition of what is meant by rubbish; and, fourth, that the system be revie~ved at the end of four months to determine its efficiency and the desirability of its continuation. The motion was seconded by Ellinwood. After discussion, the motion was withdrawn by the mover, 1vith the consent of the seconder, and the referral of the report to the Public Services Committee remained undisturbed. AB 306 ACCEPTANCE OF PUBLIC RIGHT-OF-v~Y; PORTO MARINO DRIVE Action: Referred to PubZic Services Committee. By AB 306 of January 26, 1970, the City Engineer brought to the council a proposal that the city abandon a one-foot non-access strip at the end of Porto Marino Drive, accept an offer of dedication of continued right-of-way extension of Porto Marino Drive with a new, non-access strip at the end of this extended right-of-way. After discussion, the matter \Vas referred to the Public Services Com- mittee, no date certain being specified for a return to the agenda. IX. REPORTS REGISTER OF CLAIMS Action: Register No. 65 approved. Motion of Bremer, seconded by Drohan, to approve Register of Claims No. 65, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning None Rice X. QUESTIONS AB 305 - Code and Ordinance Violations, 2244 Vistazo East Ellin1'Jood raised the question on AB 305, Hhich had been accepted as part of the Consent Calendar, and asked if t.he city Has to tal~e action against Mr. Birich, the original 01'7ner of the property at 22L:.L:. Vistazo East, since the City Council had felt that Mr. Birich was responsible for some of the violations, though the Agenda Bill spol~e only of Mr. Stotter's obligations. Drohan responded that AB 305 was merely a progress report, though sug- gesting that the staff should proceed \'lith 1'lhatever action seemed necessary. Letter to Supervisors in re: Review of Development Plans To a question by Ellin\'Jood, Hayor Fanning responded that he had sent a letter to the chairman of the Board of Supervisors asking that the city be given an opportunity for earlier revieH of development plans for subdivisions outside the city. Attachment of Zelinsky Pro erty to Tiburon To a question y E lin\'700d) the lty Hanager responded that the annexa- tion of the Zelinsl~y property on Tiburon Boulevard at Har {'Jest Hould be completed by action of the Board of Supervisors on January 25, but that the city would need adoption of a bill by the State Legislature to get the property on the tax role by the year 1970. Appointments to Boards and Commissions Ellinwood suggested that appointments to boards and commissions not be taken on the Consent Calendar but that they receive the dignity of individual action, which the Chair agreed should be the case. January 26, 1970 Minutes #184 Page 7 ~arin County Transit Systems, Inc., Bus Service In response to a question by EllinHood, the City Manager stated that, "t'Jhile he had been in discussion "t'lith officials of the Marin County Transit Systems, Inc., that they had yet to present a formal proposal asl~ing for some subsidy of their operat.~')n by the city. IX. ADJOURNMENT 27 It being no~'l the hour of 12:05 p.m.) January ~e, 1970, and there being no further business to come before the council, the Chair declared the meeting adjourned sine die. ~/.-_:J ~1:( /~ A. CA.-O - . AvJRENCE D. ROSE, C ITY ~RK Approved by the City Council on: March 9, 1970. . January 26, 1970 ** Co rrec t ion to the minutes , see Minutes 1118 7~f Minutes #184 Page G J CITY COUNCIL CITY OF TIBURON I . CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Branwell Fanning at 8:15 p.m., February 9, 1970, in the City Hall Council Chamber. II. ROLL CALL PRESENT: COUNCILMEN: ABSENT: COUNCILMEN: EX OFFICIO: Mayor Fanning, Ellinwood, Rice Bremer, Drohan Lawrence D. Rose, City Manager Rob9rt L. Kleinert, Assistant City Manager Richard H. Breiner, Deputy City Attorney Louis F. Brunini, Superintendent of Public Works Wayne E. Moody, Planning Director Phil V. Scott, Development Administrator Hellen K. Hecht, Minute Clerk I~J. APPgOVAL OF MINUTES No. 184; January 26, 1970 Action: No action; continued. Approval of Minutes No. 184 was continued to the next meeting to permit review of proposed written corrections. lYe CONSENT CALENDAR Item 14, AB 310 - FUTURE ALIG~~ffiNT OF TIBURON BOULEVARD; Item 15, HONTHLY CASH FLOW STATENEHT; and Item 20, POLICE DEPARTMENT REPORT, were reviewed to the General Calendar. An 311 - REQUEST FOR TP~SFE~ OF JURISDICTIONAL CONTROL FROM CITY OF TIEURON TO CITY OF BELVEDERE MONTHLY DEPARTMENTAL REPORTS Urban ~ve10pment, January 1970 City Engineer, January 1970 The captioned matters constituting the Consent Calendar, it was adopted on motion of Rice, seconded by Ellinwood: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILHEN: Ellinwood, F2nning, Rice ~~one B~er{le:r., DL'onan v 0 ORDINANCES AB 312 REZONING, HILARITA PR.OPERTY, RO-2 to PD Action: Passed first reading, re- turns 2/24/70 for adoption. By Bill No. 312 of Feb1:uary 9, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON REZONING ASSESSOR'S PARCEL NO. 58-151-24 FROM RO-2 TO PD, came on for introduction and first reading. The Chair declared the public hearing open. Letters from the League of Women Voters of Southern Marin and from the Marin County Housing Authority app=oving the rezoning were spread on the record. Motion of Rice, seconded by Ellinwood, to read the ordinance by title only, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNC IUtEN : COUNCILMEN: Ellinwood, Fanning, Rice None Bremer, Drohan February 9, 1970 Minutes #185 Page 1 The ordinance having been so read, it was moved by Rice, seconded by Ellinwood, to consider the ordinance as having passed first reading. To questions from Mr. Stewart Hopkins regarding the composition of the Ecumenical Association for Housing, provisional developers of the site, the executive secretary of the Marin County Housing Authority explained that the Association holds an exclusive option on the property. Mr. Herbert Wenig, 65 Rolling Hills, objected to the rezoning, recom- mended returning the proposal to the Planning Commission, and sug- gested alternate location financing. Mr. Clarence Bullard opposed development by the Association, presenting himself as a representative of an alternate developer. Mr. Martin Mackey, Executive Director of the Ecumenical A~~f~~on for Housing, identified the Association as consisting of 36 ~~~, 24 ** being churches. Mr. Edwin Weed of the Association also spoke as to the needs for an early conclusion in order to apply for federal financing. Question w~s called on Rice's motion to consider the ordinance as having passed first re30ing, and carried: AYES: NOES: ABSENT: COUl~CILNEN : CODNCILt1E1J: COUUCILHEn: Ellinwood, Fanning, Rice No~e Bremer, D~0han The Chair di~2c.ted the public hearing continued until the second reading. AB 271 PROPOSED S IGN O}].DINANC~ File 96901 Action: Passed first reading with amendments, returns 2/24/70 for adoption. By Bill No. 271 of Fcbru~ry 9, 1970, an ordinance entitled AN ORDINANCE OF TilE CITY O} TIBURON REPEALING CHAPTER 8 OF TITLE III OF THE TIBURON CITY CODE, RElr~.IT:~~3E~. It'!G CFL\PTER 7 A TO CHAPTER 8, AND ADDING CHAPTER 16A TO ARTICLE IV~ RELti~ING TO SIGI~S, HANDBILLS, AND LIGHTING, AND ESTAB- LISHING COHPR2E,~NSIVE REGUU4TIONS 3.ELATING THERETO, having been sent to the Lands t~~(] Development Committee on December 8, 1967, for re- drafting, C3~C en cJain for first reading. Motion of Rice, s~cJnded by only, car::ieCl: Ellinwood, to read the ordinance by title AYES: NOES: ABSENT: COUrJCILl.1EU: COUNCILHEN: COD!\1C I LVililJ : Ellinwood, Fanning, Rice None B:.':emer, Drohan The orc1inc.nc'2 having beer} so -Lead, it was moved by Rice, seconded by Ellinwood, tJ consider the xedraft of the ordinance dated January 14, 1270, as having passed first reading. ,. ~~~ ~-?4.~4.l,!'"';~ <;_.......1.. ~,-'.. n.;,...,.1 t-, ,... L~. r- ~ <,~A ..;dd' ....1. b th ,..J..1..--..::. ~'ir,-".u.... .~h _ __ oJ ..J'... .;:.... ...... c:;..,1'\;l.. L."i11_ 1: L~..j._'" e comme au e\T, y e ,'" 'Cl t" r.""'\ ...... n''J. .1,< . . ffi_n \J.Jmml~ t .~_ . Lands and Develop- On page 3, Section l6A-3 (u), add the following to line 3: n... or advertise, decorate, or ~~~U~~~fi~e illuminate ** for co:rrmcr~_ial purpose~. . . If On page 6, Section KA-5 (f) 2., add the following: II. d h . 1. h. . h . . . In area~ nn t at exter~or 1~ t~ng w~t no sEecific co~~crcial message such as ecorative lLyhts fallin~ within the purview of this ordinance shal not be included in the area of measurement." RECESS A recess was tcken at 9:40 p.m., the council reconvening at 9:50 p.m., the roll standing as originally taken. February 9, 1970 ** Correction to the minutes, see Minutes #186 il~ Minutes #185 Page 2 After further discussion, it was moved by Rice, seconded by Ellinwood, to amend the ordinence: On page 2, subsection (0) of Section 16A-3 be stricken. On page 3, sub~ection (q) of Section _16A-3 be changed to substitute the word upublict: in place of Jlsuch1t. On page 2, Section 16A-3 (u), the following should be inserted: nor advertise, or to decorate or illuminate for commercial purposes, which. . ." On page 4, subsection (g) of Section 16A-3 be deleted and the rest b2 renumbered. On page 4, Section 16A-3 (i), insert the word "as," to read ". . . shall be Cl.S set forth . . . It On page 5, Section 16A-5 (c) will include the formulas as set forth, with th~ thought that upon obtaining the meter they may decide to make some modifications. On page 6, the record should reflect they are not intend- ing to include safety lighting. ~he City Attorney was asked to review thi3 and report back at the next meeting. Page 7, Section 16..1\-6 (f), r1:2our:! should be changed to :1eightn square feet. Page 7, Section 16A-6, a new subsection (i) should be included to read "n8twithstanding anything in this section, street address si3ns of reasonable size may be illuminated and/or contain reflective paint or materia1.J: On pages 9 and 10, under Section 16A-9, sections (f), (g) and (h) should be removed and placed in a section called "General Provisions" and renumbered (a), (b) and (c). In accordance with the recommendations of the Planning Director, Section l6A-2 waG deleted. . Question on the motion to amend was called, and the motion carried: AYES: NOES: ABSENT: COUNCILHEN: COUNCILMEN: COUNCILMEN: Ellinwood, Fanning, Rice non:; Bremer, Drohan Question on the m~in motion to consider the ordinance as having passed first reading w~s c~lled, and the motion passed: AYES: NOES: ABSENT: COUNCILMEN: COUNCILHEN: COUNCILMEN: Ellin\vood, Fanning, Rice Hone Brem9r, Drohan AB 314 AUTHORIZATION FOR CERT~IN CITY OFFICERS TO HAKE ARRESTS Action: Bill and ordinance tabled. By Bill No. 314 of February 9, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING THE TIBURON CITY CODE BY AUTHORIZING CERTAIN CITY OFFICERS TO ARREST FOR VIOLATIONS OF ORDINANCES AND STATUTES, came on for introduction and first reading. After hearing objection to adoption of the ordinance, and questions / from council as to the necessity for it, the Chair directed that the bill be tab1e~. February 9, 1970 Minutes #185 Page 3 AB 315 PROPERTY TRAnSFER TAX P..HENDMENT By Bill No. OF THE CITY came on for Action: Ordinance passed first read- ing~ returns on 2/24/70 for adoption. 315 of February 9, 1970, an ordinance entitled AN ORDINANCE OF TIBURON AMENDING CFAPTER 7A OF THE TIBURON CITY CODE, introd~~tion and first reading. Motion of Ellinwood, seconded by Rice, to read the ordinance by title only, carried: AYES: NOES: ABSENT: COUnCILMEN: COUNC IL~~N : COUNCILT.v:EN: Ellinwood, Fanning, Rice None Bremer, Drohan The ordinance having been so read, it was moved by Ellinwood, seconded by Rice, to consider the ordinance as having passed first reading. The question wns c~lled 2nd the motion carried: AYES: NOES: ASSENT: COU~~CILME!'! : COUNCIL!,:EH: COUNCILEEN: Ellin~ood, Fanning, Rice 1101':e B~cm2r, Drohan AB 313 Action: Continued. REPORT OF RESIDEnTIAL BUILDING RECORDS IN P..ESIDENTI!lL PROPERTY SL'..LES The m.:ltter \.r:~ co::ri: inued. AB 295 REGULATION or TREE HEIGi-ITS IN RE VIEW OBST~UCIIONS Action: Returned to City Attorney for review; first reading motion still pends. By Bill No. 295 of 7cbrua~y 9, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TI3D~ON AMENDING THE TIBURON CITY CODE BY ADDING ARTICLE III TO TITLE IV, CHAPTER 15, REGULATING THE HEIGHT OF TREES, having been sent to tl'J.12 Parks Clnd Recreation Commission on December 8, 1969, came on contClinin~ r'~:.'~' ::-L:.:er.tt~ i)rOposed by the Commission for discussion and possible fi~st reading. Motion of ~i~e, sc:~o~Ldcd by Ellin\\100d) to read the ordinance by title only, cnrr~2a: AYE S : NOES: ABSENT: CC7,-F:-: :::~2r.EN: C'OU:~CTLl.iSN : COU~~C ILHEr1 : Ellinwood, Fanning, Rice l~on ~ :Grcms :':) Drohan The ordinance ~a~il~ b~en so read) it was moved by Rice, seconded by Fanning, to con~ide~~ the ordinance as having passed first reading. Deb~te on the 2~tion cJsJed. Proposals were ~~J~ to ~mcnd Section 15 b-5 and delete subsection (c) of Section 15 b-8. Objections were heard to the allocation of as much as 50 pc~cent of the cost to the owner of the tree; to the formalized approzch to such a disputatious subject; to the conclusion that trees \'7-::::'e always an obstruction and not an enhancement of views; to the assumptio:1 that a view was more important and of greater value than privacy; to the refund of the $50 deposit; to the absence of a misdemeanor clause; to the legality of requiring defendant property owner to pay any of the costs. Support was given to the ordinance by Mr. Stewart Hopkins, ~vho observed that many trees originally planted to protect privacy had grown, and would continue to grow, to the point where they did obstruct views. The council also heard from representatives of the Parks and Recrea- tion Commission, who invited attention specifically to the points of their me~orandum of January 27, 1970. Deb~te being concluded, the ordinance was returned to the City Attorney February 9, 1970 Minutes #185 Page 4 for his revievr before the next meeting of the council, the motion to pass first reading still pending. VI. RESOLUTIONS AB 318 PD PRECISE PLAN: 38 MAIN STREET Kappie's Restaurant Action: Continued. Continued to the next agenda. AB 292 PD PRECISE PLAN 1600 Tiburon Blvd. Mobil Oil Corp. Action: Continued. Continued to the next agenda. VII. MINUTE ORDERS AB 317 HEARING TO SHOH CAUSE 't-JHY AN UNFENCED SHINMI1;G POOL SHOULD NOT BE DECLARED A PUBLIC NUISANCE AND ABATED BY PROVIDING FENCING Action: Continued to 3/9/70. By AB 317 of February 9, 1970, the council was advised of a letter \.?ritten to Mrs. Pearl E. Thompson on July 28, 1969, asking that she fence in her s\vimming pool located at 4697 Paradise Drive as it was ~ hazard to the neighborhood children. As there had been no response to this letter, tLe Development Administrator recommended the swimming pool be declared a public nuisance by resolution of the City Council. The City Manager reported a letter had been received from the owners of the property under question, declaring that the property would be fenced in its entirety prior to the end of the month of February. The Chair directed this matter be continued to the first meeting in March. AB 316 DISCLOSURE OF ASSETS LAW - Challenge to Constitutionality Action: Acceptance of CarmeZ invitation decZined. By AB 316 of February 9, 1970, the City Attorney brought before the City Council c request from the City of Carmel-By-The-Sea that this city joi~with and support the suit of that city challenging the consti- tutionality of the disclosure of assets law, Chapter 1512 of the Statutes of 1969. Motion of Rice, secorded by Ellinwood, to withhold support of the City of Carmel, c~rried: AYES: NOE S : ABSENT: COUNCILl.iEN: CGUNCILl1EN: COUNCILMEN: Ellinwood, Rice ~ Fanning ** Bremer, Drohan AB 301 1968-1969 AUDIT ACCEPTANCE Action: Audit adopted, memorandum to be reviewed. It was moved by Ellinwood, seconded by Rice, to accept the audit with the provision that some of the elements of that audit could be dis- cussed in terms of the upcoming budget for the next year. In response to a request by Ellinwood, the Chair directed a copy of the letter from the auditor relative to a memorandum they wrote to the city in 1967 on accounting procedures be sent to Ellinwood. February 9, 1970 Minutes #185 Page 5 ** Correction to the minutes, see Minutes 1/186~i Question was called and the motion carried: AYES: NOES: ABSENT: COUNCIL,l1EH: COUNCILMEN: COUNCILMEN: Ellinwood, Fanning, Rice None Bremer, Drohan Motion of Ellinwood, seconded by Rice, toaUf~~r-the drafting of a resolu- tion creating the position of Deputy City ~reasurer, to be presented at the next meeting, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILNEN: Ellinwood, Fanning, Rice None Bremer, Drohan AB 308 INTERIM PROVISIOiIS FOR RUBBISH DISPOSAL BY HOUSEHOLDERS Action: Continued to 3/9/70. Continued for 30 days. An 310 FU'IU RE ALIGNME~~T O? TIBURON BOULEVARD Action: Referred to Public Serv- ices Committee. Ellinwood 8t2~CJ she requested this matter be removed from the Consent Calendar tc th~ G2neral Calendar to insure that there would be no mis- understaIldi~J of th~ ~ction taken under consent, which was merely to refer the pLS:::l to t~'J.c: ::?l.s.:lning Commission and the Parks and Recreation Com- mission fo~ CGi~ic~ts, and that no endorsement of the proposed alignment was ir.::;?lied c".;..~ ~i.ven. Ellinwood U~g2~ t~2 record reflect public hearings will be held and tbe-.t th:~re 'I;.;i11 be ,'1mp1e time for public discussion by both the City Counc i1 2ud .~h2 PL'J.nning COIDmis s ion. .ill,:, Sh::~ir J=€T~3.:::.dcd this matter to the Public Services Committee. VIII. REPORTS HONTHL Y CASH FLOH ~;-I'ATE~1ENT D2C!2Elber 1969 Action: Statement received. The Cb.:-:.ir r21ucstE:.J Ellinwood put her questions on the Monthly Cash Flow Statement in N~iting and forward them to the Committee on Finance Qnd Ad~inist~etion. REG ISTE2\. OF CL..^..i!.(S Action: Register approved. ~I0tio~ of RicA, seconded by Fanning, to approve Register of Claims No. 66, C.:lrr ied : AYES: NOE S : ABSENT: COUNCILl1EN: COUNCILMEN: COUNCILMEN: Ellinwood, Fanning, Rice None Bremer, Drohan 110NTHLY REPORT POLICE DEPARTMENT December 1969 Action: Continued to 2/24/70. At the reqeest of Ellinwood, this report was removed to the General Calendar in ord~r that ~nnua1 .comparisons could be made, and was reset for the next agenda. IX. QUESTIONS Joint M2eting b2't~een City Council and Parks & Recreation Commission In response to a question by Ellinwood about the joint meeting between the City Council and the Parks and Recreation Commission, the Assistant City Manager stated Parks and Recreation were considering the mee~ing but wanted to Bait until after the election. February 9, 1970 Minutes #185 Page 6 Boat Trailer parked across from the Windjammer Ellinwood questioned whether action could be taken to remove the boat trailer on the lot across from the windjammer. Northwestern Pacific Railroad Building In response to a question by Ellinwood about the vacant building on the Northwestern Pacific Railroad property, the Development Administrator responded the owners of the building had agreed to board it up. Injured Deputy Sheriff Ellinwood raised the question of information given to her that a deputy sheriff assigned to the city had been seriously injured when thrown f~om a motorcycle while pursuing a speeder and was now hospitalized, ~aving exhausted all of his benefits, and the Chief of Police Services was soliciting contributions from merchants in the town, a practice to which she objected because of its potential bad effects. The City Manager responded to the question by noting that the deputy, possib:.y. Deputy Spurrell was not on duty; was riding his motorcycle for pleasure, and was forced to spill out when a car stopped suddenly in front of him. "fuile undoubtedly he was seriously injured, numerous benefits in comp.time, cick leave, vacation, and sheriffs' assistance fund was available to the deputy, lvho was nowhere near losing any income because of the injury; and so far as the solicitation was con- cerned, no authorization had been given to anybody to solicit funds, nor did the City Manager have any knowledge of such solicitation. x. ADJOURNMENT It being now tIle ho~r of 12:25 p.m., February 9,1970, and there being no further b~13iness to come before the council, the Chair declared the lTr2cting adjo~,lr:ned to February 2:4t;;:G.o 10th. ** ~~ LAWRENCE D. ROSE, CITY CLERK Approved by the City Council on: February 26 1970. February 9, 1970 Minutes #185 Page 7 ** Correction to the minutes, see Minutes #187J1L1 j CITY COUNCIL CITY OF TIBURON I . CALL TO ORDER An adjourned regular meeting of the City Council, City of Tiburon, Stct~ of California, was called to order by Mayor Pro Tem Denis Rice at 7:25 ,p.m., February 26, 1970, at the Del Mar School. I I . ROLL CALL PRESENT: COUNCILMEN: ABSENT: COUNCILMEN: EX OFFICIO: Rice, Bremer, Ellinwood Fanning, Drohan Robert L. Kleinert, Assistant City Manager Robert I. Conn, City Attorney Louis F. Brunini, Superintendent of Public Works Wayne E. Moody, Planning Director Louise Mirata, Assistant City Clerk Hellen K. Hecht, Minute Clerk III. APPROVAL OF MINUTES No. 184; January 26, 1970 Action: No action. Continued. Approval of Minutes No. 184 was continued. No. 185; February 9, 1970 Action: Approved, with corrections. Moved by Ellinwood, seconded by Rice, that Minutes No. 185 dated February 9, 1970, be approved. Ellinwood requested the following corrections: On page 2, 5th para.graph, 2nd line, the word "locationJl should be changed to "members. 11 On page 5, under AB 316, when the question on the motion is called, it should reflect: IrNOES: COUNCILMEN: Fanning." On page 2, under AB 271, the 6th paragraph should read: " d' d "II .. " '. . . a vert~se, ecorate, or 2:- um~nate . . . Referring to AB 315, Property Transfer Tax Amendment, on page 4, Ellinwood stated there is nothing in the minutes to show what the amendment is about, and requested that tonight's minutes reflect the nature of the ordinance, or any ordinance, in the future. Question on Minutes #185, as amended, was called and the motion carripn. AYES: NOES: ABSENT: COUNCILMEN: COUNC IU1EN : COUNCILHEN: Bremer, Ellinwood, Rice None Drohan, Fanning IV. ORDINANCES AB 312 RE70NING, HILARITA PROPERTY, :-..02 to PD Action: Adopted as Ordinance No. 43 N.S.; effective in thirty days. By Bill No. 312 of February 24, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON REZONING ASSESSOR'S PARCEL NO. 58-151-24 FROM RO-2 TO PD, having passed first reading on February 9, 1970, came on for second reading and adoption. The Chair declared a continued public hearing. P~hruary 26, 1970 Minutes #186 Page 1 r- AYES: NOES: ABSEt~T : At the suggestion of Rice, Bremer asked that the first paragraph on page 2 be deleted and the following sub- stituted: i!Bremer stated the Lands and Development Committee, which was formerly an ad hoc committee as such, moved the adoption of the policy in the first instance to make Hilarita a moderate income housing concept. It was the committee's concept that it utilize approximately 50 moderate income units buf- fered by 12 single-family dwelling units. It should, however, be clar that, in moving for PD zoning, the committee was not endorsing a heavier density, as proposed in the most recent drawings. ** Correction to CQUNCILl'-'1EN: Lrem2r, Ellinwoou, 1.'\..1.~~ COUNCILNE~'J: None . COUNCILMEN: Drohan, Fann~ng the minutes The ordinance having t::en so read, it was moved by Ellinwood, seconded by Bremer, to adopt Ordinance No. 43 N.S. TL.cre beinr; no Jiscussion, th2 public hearing was closed. The question b2ing c&lled, the motion was put and carried: AYES: !-~OES : AIJ3EUT: COUNCILNEN: COUFCILI'L;;~'l : COUNCILEEN: BrAmer, Ellinwood, Rice NO~.l:2 D::-ob'1n, Fnnning AB 315 PROl:'ERTY Til,AI'~S=~)_':R 7.'..\X .AMEUL~.=1~nT Action: Adopted as Ordinanae No. 44 N.S.; effeative in thirty days. By Bill No. 315 of Feb:u;:l:;:-Y 24, 1970, an ordinance entitled AN ORDINANCE Oi THE CITY OF Tll~'URON A?:ENDING CHAPTER 7A OF THE TIBURON CITY CODE, w~ich ordincnc~ would exclude the property transfer tax from application to ~ny s~le where n public body w~s party to the transaction, having passed first rc~din~ on February 9, 1970, came on for second reading c.nd edoption. Motio~ of Elli~~ood, seconded by Eremer, to read the ordinance by ti.tle only, c2xried: AYE S : NOES: ASSEnT: COUl:c; IL~'~EN : COuNCILME~T : COUNCrL~,~En : E::-er:.'2r, Ell iri-/Jood, Rice 1~ one D~.:-ohan, Fe.r.ning ~he ordirr~nce h,~vil~~ b22n so read, motion of Bremer, seconded by Ellinwood, to ~dopt Or~ina~ce No. 44 N.S., carried: AYES: nOES: ABSENT: COUnGILl.i~N : COUNCIY.J-IEI1 : COUlTCILMEN: AD 271 Pr:C:20SED SIGN O!:J)INl:.~1C~ Fi10 No. 96901 ~reD~r, Elli~~ood, Rice Nc~c D~ohnn, Fanning Action: Passed first reading, returns 3/9/70 for adoption. By Bill No. ?.71 of Feb:ru2ry 24, 1970, an ordinance entitled AN ORDI- NANCE OF TI:Z CI'L'Y O~' TIBUi-lON REPEALING CHAPTER 8 OF TITLE III OF THE TIBURON CITY COD~:, RENUMBERlt.-:G CHAPTER 7 A TO CHAPTER 8, AND ADDING CHAPTER 16A TO !\R':CICLE IV, RELATING TO SIGNS, HANDBILLS, AND LIGHTING, AND ESTABLISHING COHPREHENSIVE REGULATIONS RELATING THERETO, having pcssed first reading on February 9, 1970, with minor amendments, came on now for seco~d reading and adoption. The Chair declared a continued public hearing. 1-1otion of Rice, seconded by Ellinwood, to read the ordinance by title only, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILHEN: COUNCILMEN: February 26, 1970 Bremer, Ellinwood, Rice None Drohan, Fanning Minutes #186 Page 2 ** Correction to the minutes, see Minutes If 1 8 7 .Ji;: The ordinance was thereupon read by title only. Bremer requested the minutes reflect the intent of the council not to regulate any private residential exterior lighting in this ordinance, and recommended a separate study on this matter be made. At the suggestion of the Planning Director, the chart in Section 16A-4 (d) 2., on page 5 of the ordinance) was changed to strike any refer- ence to "Residential,q leaving only the three readings. At the suggestion of Bremer, the ordinance was amended as follows: The paragraph in Section l6A-4(d) 2., was changed to read: }'Illuminated signs and/or exterior lighting, except in residential zones or lighting. . ." Section l6A-4(d) 3., was changed to read: 1!~]ithin 60 days after erection of an illuminated sign and/or exterior light- ing other than in residential zones, the Board. . .n The Planning Director made the following clerical corrections in the ordinance, as a result of the previous redrafting and renumbering of the sections: On page 6, under Subsection (i) 3., the reference to Section l6A-5(f) should read 'ISection l6A-4(g) 0 On page 9, under Section 16A-8(c), the 6th line, which now reads 1fSection l6A-9(a) 'I should read llSection l6A-8(a). n Motion of Bremer, seconded by Ellinwood, that the ordinance, with the amendments and changes as set forth in the minutes, be considered as having passed first reading, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Ellinwood, Rice None Drohan, Fanning It was the sense of the council that the ordinance be considered as having passed first reading because of the substantive changes made. V. RESOLUTIONS AB 318 PD PRECISE PLAN 38 Main Street ~appie's Restaurant Action: Tabled indefinitely. Upon being advised by the Planning Director that the applicants had withdrawn their application, the Chair directed this matter be tabled, pending its return by staff. VI. SUSPENSION OF THE ORDER OF BUSINESS The Chair suspended the regular order of business in order that the priority items could be covered before the Planning Director had to leave for a special meeting of the Planning Commission. AB 292 PD PRECISE PLAN 1600 Tiburon Blvd. Mobil Oil Corp. Action: Continued to 3/9/70. The Planning Director stated this matter is to be continued to the next agenda, with the approval of the applicant. \B 145 ED MASTER PLAN Tiburon Lodge By AB 145 of February 26, 1970, the Planning D1rector.brough~' Action: Remanded to the Planning Commission. February 26, 1970 Minutes #186 Page 3 before the City Council a r~vised Master Plan for ad~itions to the Tiburon Lodge. The Planning Director recommended denial of the application; Lands and Development Committee felt rather than deny- ing the application it should be remanded to the Planning Commission for a new recommendation prior to action by Council for the following reasons: 1. The plans have been revised substantially from those previously reviewed in 1968. 2. There have been other considerations and approvals on the property since the original consideration of this matter. 3. The newest proposal should be reviewed in its relation to the Downtown Plan now under consideration. It was moved by Ellinwood~ seconded by Bremer, to adopt the Lands and Development Committee's recommendations. Mr. Lee Karney, architect for Mr. Fred Zelinsky, questioned whether the Lands and Development Committee were calling for Master Plan develop- ment from Beach Road to the fire station. Bremer responded they did, but emphasized they did not wish to deny the application and requested the record reflect they were primarily concerned with their recom- mendation No.3. Question on Ellinwood's motion was called and the motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Ellinwood, Rice None Drohan, Fanning Clerk's Note: At this time the Planning Director was excused from the council meeting to participate in the Planning Commission's special meeting scheduled at 8:00 p.m., that evening. v. RESOLUTIONS AB 321 OFFICE OF DEPUTY CITY TREASURER _ Establishment Action: Resolution No. 271 adopted wf,th amendment. By AB 321 of February 24, 1970, the Finance and Administration Com- mittee brought before the City Council a resolution creating the posi- tion of Deputy City Treasurer. At the suggestion of Ellinwood, the resolution was amended to read: J1BE IT FURTHER RESOLVED, that the City Treasurer be invited to make the appointment to the position at his convenience, subject to ratification by the City Council." Motion of Bremer, seconded by Ellinwood, to adopt Resolution No. 271 as modified, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Ellinwood, Rice None Drohan, Fanning AB 319 NO PARKING AREA ON THE NORTHERLY SIDE OF HILARY DRIVE Action: Continued to time un- certain. By AB 319 of February 24, 1970, the City Engineer brought before the City Council a resolution creating a no-parking area on the northerly side of Hilary Drive. February 26~ 1970 Minutes #186 Page 4 before the City Council a r~vised Master Plan for ad4itions to the Tiburon Lodge. The Planning Director recommended denial of the application; Lands and Development Committee felt rather than deny- ing the application it should be remanded to the Planning Commission for a new recommendation prior to action by Council for the following reasons: I. The plans have been revised substantially from those previously reviewed in 1968. 2. There have been other considerations and approvals on the property since the original consideration of this matter. 3. The newest proposal should be reviewed in its relation to the Downtown Plan now under consideration. It was moved by Ellinwood, seconded by Bremer, to adopt the Lands and Development Committee's recommendations. Mr. Lee Karney, architect for Mr. Fred Zelinsky, questioned whether the Lands and Development Committee were calling for Master Plan develop- ment from Beach Road to the fire station. Bremer responded they did, but emphasized they did not wish to deny the application and requested the record reflect they were primarily concerned with their recom- mendation No.3. Question on Ellinwood's motion was called and the motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Ellinwood, Rice None Drohan, Fanning Clerk's Note: At this time the Planning Director was excused from the council meeting to participate in the Planning Commission's special meeting scheduled at 8:00 p.m., that evening. v. RESOLUTIONS AB 321 OFFICE OF DEPUTY CITY TREASURER _ Establishment Action: Resolution No. 271 adopted w~ th amendmen t. By AB 321 of February 24, 1970, the Finance and Administration Com- mittee brought before the City Council a resolution creating the posi- tion of Deputy City Treasurer. At the suggestion of Ellinwood, the resolution was amended to read: J1BE IT FURTHER RESOLVED, that the City Treasurer be invited to make the appointment to the position at his convenience, subject to ratification by the City Council." Motion of Bremer, seconded by Ellinwood, to adopt Resolution No. 271 as modified, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Ellinwood, Rice None Drohan, Fanning AB 319 NO PARKING AREA ON THE NORTHERLY SIDE OF HILARY DRIVE Action: Continued to time un- certain. By AB 319 of February 24, 1970, the City Engineer brought before the City Council a resolution creating a no-parking area on the northerly side of Hilary Drive. February 26, 1970 Minutes #186 Page 4 In response to a question by the Chair as to whether or not this had been reviewed by the local residents, the City Engineer replied it had not. The Chair accepted the report of the City Engineer and directed staff notify the residents in the area, and the matter then be returned to council at a future date. VII. MINUTE ORDERS AB 322 STORM DRAINAGE ADDITIONS TO BETTERMENT PROJECTS BUDGET Action: Remanded to Committee. (Committee not appointed.) By AB 322 of February 24, 1970, the City Engineer brought before the City Council a list of the betterment projects, with the drainage projects presented to the council on January 26, 1970, at which time they had recommended possibly diverting funds for betterment projects in the 1969/70 budget to the correction of certain of the storm drain- age projects. As some of the drainage projects are on private lands and the City CRnnot spend public money on private lands, it had been suggested that easements could be negotiated with private property owners. The City Attorney, however, recommended against this, advising it might mean acceptance by the city of the entire system. the Public Services ** Bremer recommended/Ecommittee be appointed to adopt a policy statement to effectively deal with drainage problems, which would include the question of whose responsibility it will be to put in the drains and maintain them thereafter. Ellinwood stated she had inquired in the county and found that no city in the county maintains drainage ways between public streets, except in a flood control zone. She stated after the floods of last January she sent a report to the City Engineer with a list of questions, and when these are answered, suggested the committee may use these as a reference point for establishing a policy. Rice recommended the City Engineer's report be considered, which would take into account the specific items facing the city, and would give justification to a policy. He felt the commiitee should review this report and come back with specific thoughts on these items. Bremer objected to this and preferred considering the whole drainage concept for determining a city policy. The Chair directed this matter be continued, and remanded it to com- mittee. VIII. CONSENT CALENDAR MONTHLY DEPARTMENTAL REPORTS Department of Public Works, January 1970 Police Department, January 1970 The captioned matters constituting the Consent Calendar, it was adopted on motion of Bremer, seconded by Ellinwood: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Ellinwood, Rice None Drohan, Fanning IX. QUESTIONS Monthly Cash Flow Statement and Police Department Report (December 1969) Ellinwood stated she had requested these two reports be continued from .the last agenda in order that she could ask questions on them. However, she requested they be continued to the next agenda because of the short meeting tonight. February 26, 1970 Minutes #186 Page 5 ** / ~~ Correction to the minutes, see Minutes #187' Bus System operated by Marin Transit District in Tiburon ..., . '. SysteJl1s, .Inc. **. ~ll~nwood stated the Mar~n Trans~t~~-r~- ~s operat~ng a bus system within the City of Tiburon without ~tflanc~ise from the Public Utilities Commission, taking passengers from one point to another intracity, and she questions (1) whether a franchise should be granted for this operation; and (2) whether there is any liability incumbent upon the city whe~ it has a public transit system carrying passengers, to which it has not formally given approval to operate within the city. She stated she is in favor of the bus system but is concerned about insur- ance coverage, etc. The Chair directed the City Attorney determine whether the City of Tiburon should exercise any jurisdiction in this matter and report back at the next meeting, at which time they will decide upon a policy statement. Joint Study Committee regarding the Tiburon-Belvedere Flooding Problem Drechsel ** The Chair stated Mr. Ed~~ had spoken to him at the Mayors and CouncilmenRs meeting about the flooding and the possibility of a joint study committee. The Chair ten appointed Councilman Ellinwood to the committee. Annual Cleanup ~~Y Batten ** Mr. Don~ questioned when the City of Tiburon planned to have its annual cleanup week as the Belveron Association was planning to sub- sidize a debris box in their area and did not want to conflict with the city's proposed cleanup. Ellinwood responded there had been no date set as yet. New Police Car The Assistant City Man8ger announced the city will have its new polic, car in use by this weekend. XI. ADJOURNMENT It being now the hour of 9:05 p.m., February 26, 1970, and there being no further business to come before the council, the Chair declared the meeting adjourned sine die. ~. ~. ~Obert~ert, Assistant City Manager Approved by the City Council on: March 9 ;' ,.' 1970. . ~-ni-==-_ . ......... MAYOR PRO TEM OF THE CITY OF TIBURON ;€bruary 26, 1970 Minutes #186 Page 6 ** )t Correction to the minutes, see Minutes # 187. J CITY COUNCIL CITY OF TIBURON I . CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Branwe1l Fanning at 8:07 p.m., March 9,1970, in the City Hall Council Chamber. I I . ROLL CALL PRESENT: COUNCILMEN: ABSENT: COUNC ILMEN : EX OFFICIO: Mayor Fanning, Bremer, Drohan, Ellinwood, Rice None Lawrence D. Rose, City Manager Robert L. Kleinert, Assistant City Manager Richard H. Breiner, Deputy City Attorney Phil V. Scott, Development Administrator Wayne E. Moody, Planning Director Ray W. Foreaker, Jr., City Engineer Louis F. Brunini, Superintendent of Public Works William Johansen, Captain of Police Services Hellen K. Hecht, Minute Clerk III. APPROVAL OF MINUTES No. 184; January 26, 1970 Action: Approved with amendments. Motion of Ellinwood, seconded by Bremer, to approve Minutes No. 184 of January 26, 1970, accepting the written list of corrections sub- mitted by Ellinwood on February 9, 1970, carried: AYES: NOE S : ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None No. 186; February 26, 1970 Action: Approved with amendments. Moved by Rice, seconded by Bremer, that Minutes No. 186 of February 26, 1970, be approved. . Ellinwood requested two spellings of names on page 6 be corrected to Drechsel and Batten. Ellinwood further requested the first paragraph on ~age 6 be changed as follows: Line 1 should reflect 'the Marin Transit Systems, Inc.; 11 and line 2 should d If . h . f h. " rea, 0.. w~t out a c~ty ranc ~se . . . At the suggestion of the City Manager, the Chair directed the record clarified to indicate that the committee referred to on page 5, paragraph 2, under AB 322, was the Public Services Committee. At the suggestion of Rice, Bremer asked that the first paragraph on page 2 be deleted and the following sub- stituted: nBremer stated the Lands and Development Committee, which was formerly an ad hoc committee as such, moved the adoption of the policy in the first instance to make Hilarita a moderate income housing concept. It was the committee's concept that it utilize approximately 50 moderate income units buf- fered by 12 single-family dwelling units. It should, however, be clar that, in moving for PD zoning, the committee was not endorsing a heavier density, as proposed in the most recent drawings. The Chair noted the adjournment dateson Minutes 184 and 185 are incorrect, and should be January 27 and February 10, respectively. March 9, 1970 Minutes #187 Page 1 Question on Minutes No. 186, as amended, was called and the motion carried: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSTAIN: COUNCILMEN: ABSENT: COUNCILMEN: Bremer, Ellinwood, Rice None Drohan, Fanning None IV. SUSPENSION OF THE ORDER OF BUSINESS RESOLUTIONS AUTHORIZING APPLICATION FOR STATE AND FEDERAL ASSISTANCE Storm Damage Expenses Resolution No. 272, designating the City Manager as the city representative to apply for assistance under the emergency flood relief laws of the State of California, and Resolution No. 273, designating the City Manager as the city representative to apply for federal assistance under Public Law 81-875 and 91-79, were introduced. Action: Resolutions Nos. 272 and 273 designate City Manager as representative. Motion of Drohan, seconded by Bremer, to adopt Resolutions Numbers 272 and 273, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILIvlEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None FERRY BOAT SERVICE AGREEMENT TO CONTINUE The Mayor advised the council that he had intended to bring before them a resolution urging the Golden Gate Transportation and Highway District to acquire its own ferry boats in the face of the threat of the private operator to withdraw his boat from District service, but that subsequent conversations with the owner led him to cop~1'1de that the threat of suspension was not imminent; there- fore, ~"> ::eso1ution would be proposed fo.r the time being. V. CONSENT CALENDAR AB 320 - MUNICIPAL ELECTION ADMINISTRATION (Resolution No. 274) AB 325 - CLAIMS FOR DAMAGES TO REAL AND PERSONAL P~OPERTY (Storm Damage) - MONTHLY CASH FLOt~ STATEMENT, January 1970 - CITY ENGINEER'S REPORT, February 1970 The captioned matters constituting the Consent Calendar, it was adopted on motion of Drohan, seconded by Bremer: AYES: N OE S : ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None IV. SUSPENSION OF THE ORDER OF BUSINESS AB 317 Action: HEARING TO SHOW CAUSE vlliY AN UNFENCED SWIMMING POOL SHOULD NOT BE DECLARED A PUBLIC NUISANCE Nuisanoe ordered abated by Resolution No. 275. It being the time set for public hearing on the matter, AB 317 of March 9, 1970, came on containing a recommendation that an unenclosed swimming pool located at 4697 Paradise Drive be declared a public nuisance by resolution of the City Council. March 9, 1970 Minutes # 187 Page 2 The City Manager reported the owners of the property indicated they intended to fence in the pool but were waiting until it was determined where the Sanitary District intended to put in a service line on their property, which would require bulldozing. Bremer, a member of the Sanitary Commission of Sanitary District No.2, stated action may not be taken for some time by the Board, and he therefore felt the city should not allow a dangerous and defective condition to continue to exist. Motion of Bremer, seconded by Drohan, to adopt Resolution No. 275 ordering the abatement of the nuisance, carried: AYES: NOES: ABSENT: COUNCILMEN~ COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None VI. ORDINANCES The Chair directed the return to the regular order of business. AB 271 PROPOSED SIGN ORDINANCE, File No. 96901 Action: Ordinance adopted as No. 45 N.S.; effective in thirty days. By Bill No. 271 of March 9, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON REPEALING CHAPTER 8 OF TITLE III OF THE TIBURON CITY CODE, RENUMBERING CHAPTER 7A TO CHAPTER 8, AND ADDING CHAPTER l6A TO ARTICLE IV, RELATING TO SIGNS, HANDBILLS, AND LIGHTING, AND ESTABLISHING COMPREHENSIVE REGULATIONS RELATING THERETO, having passed first reading as amended on February 26, 1970, came on now for second reading and adoption. Motion of Drohan, seconded by Bremer, to read the ordinance by title only, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCIL:MEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None The ordinance having been so read, it was moved by Drohan, seconded by Bremer, that Ordinance No. 45 N.S., be adopted. Rice requested a clerical clarification of the ordinance on page 5, Section l6A-4(d) 2., '1. 0 . except in residential zones or except as determined by the Board of Design Review . 0 .J1-as this had been the intent of the council at the last meeting. Question was called and the motion to adopt carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None AB 327 AMEND ZONING ORDINANCE TO ALLOW CLUSTERING IN RESIDENTIAL ~0NES File No. 96906 Action: Hearing opened, continued to May; ordinance remanded to Planning Commission without reading. By Bill No. 327 of March 9, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ESTABLISHING A "1C'1 CLUSTER ZONING DISTRICT, came on for introduction and first reading. The Chair declared the public hearing open. March 9, 1970 Minutes #18? Page 3 It was moved by Drohan, seconded by Bremer, that the proposed Cluster Zoning Ordinance be returned to the Planning Commission with the following instructions: (1) that allowance for attached buildings should be eliminated from the ordinance; and (2) that provisions should be made for review of the Precise Plan for cluster zoning by the full Planning Commission and not just the Board of Design Review. It was further moved by Drohan as an amendment, seconded by Bremer, that the City Council notify the Planning Commission of its intent to amend Section 26C of the Zoning Ordinance to provide that failure of the Planning Commission to report within 40 days after the hearing shall be determined as an unfavorable recommendation of the proposed amendment. After debate, Drohan declined to further amend his motion but asked that the record reflect it was not the intention of the Lands and Development Committee that the Planning Commission can- not send the ordinance back allowing attached buildings if that is their desire. The Chair directed that, while the minutes might not reflect the substance of the debate, that it be conveyed in some form to the Planning Commission for their consideration. The Chair directed the public hearing be continued to the first meeting in May. Question on the motion of Drohan to return the Cluster Zoning Ordinance to the Planning Commission was called and the motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Fanning, Rice Ellinwood None Question was now called on the motion of Drohan to amend Section 26C of the Zoning Ordinance~ and the motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, E1~inwood, Fanning, Rice None None The Planning Director was requested to review the Section 2 Amend- ment to determine if it can be separated from the cluster zone and brought back 25 a separate item. In response to a question by Ellinwood whether the recommendation of the Planning Director that the master plan must be approved by council before the rezoning can be approved would be attaching a condition to the zoning, the Assistant City Attorney responded this ~l::d=~=(i:=~1:e:::::eo:tU:i.:~~. was not prohibited by law. ** In response to a question by Ellinwood about the city's taking the initiative for rezoning, the Assistant City Attorney responded the city can initiate action but cannot compel the landowner to affirmatively take action. RECESS A recess was taken at 9:25 p.m., the council reconvening at 9:35 p.m., the roll standing as originally taken. AB 313 Action: REPORTS OF RESIDENTIAL BUILDING RECORDS IN RESIDENTIAL PROPERTY SALES Returned to staff without peading for amendments. By Bill No. 313 of March 9, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON, ADDING CHAPTER 13A TO TITLE IV OF THE TIBURON CITY CODE, RELATING TO THE REPORTS OF RESIDENTIAL March 9, 1970 Minutes #187 Page 4 189jJef ** Correction to the minutes. See minutes No. BUILDING RECORDS, which would require the preparation of a report on the zoning, authorized use, and other conditions of each residential dwelling before such dwelling can be sold, came on for introduction and first reading. The Lands and Development Committee urged the adoption of the ordinance as a means of protecting the unwary buyer against limitations and restrictions which might not otherwise come to his noticeo Motion of Bremer, seconded by Drohan, to read the ordinance by title only, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None The ordinance was thereupon read by title only. It was moved by Bremer, seconded by Drohan, to consider the ordinance as having passed first reading. After debate on a recommendation of the Development Administrator that the period during which the report would remain valid should be extended from three months to six months, and the proposal that the fee for such report should be increased from $5 to $15, Bremer withdrew, with consent of the seconder, his motion to consider the ordinance as having passed first reading and the Chair instructed that the ordinance be returned to staff for inclusion of the two changes so that the council might receive the redrafted ordinance at the meeting of March 23rd. Clerk's Note: The following resolution was inadvertently put in the agenda as an ordinance, and was considered at this time. AB 326 RESOLUTION OF INTENT TO AMEND THE ZONING ORDINANCE TO ALLOW THE ISSUANCE OF CONDITIONAL USE PERMITS FOR SERVANTS' QUARTERS IN THE RO-1 ZONE Action: Resolution No. 276 giving notice of intent to amend adopted. By Bill No. 326 of March 9, 1970, the Lands and Development Committee brought before the City Council a resolution of intent to amend the zoning ordinance so as to allow the issuance of conditional use permits for a second dwelling in the RO-l zone. Moved by Drohan, seconded by Bremer, to adopt the resolution. Drohan recognized the receipt of a letter from Mr. Gordon Strawbridge dated March 9, 1970, opposing the amendment. Ellinwood asked whether the variance granted in error by the Board of Adjustments in December of 1969, which act had insti- gated the introduction of this amendment, should not have been appealed. Drohan responded that an amendment to the ordinance was preferable to an appeal since it would provide for the problem in general; that construction at 60 Mount Tiburon was not proceeding to the point of violating the existing ordinance; that the owner of the property was agreeable to the process now underway. Question on adoption of Resolution No. 276 motion carried: was called and the AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Fanning, Rice Ellinwood None March 9, 1970 Minutes #187 Page 5 AB 295 REGULATION OF TREE HEIGHTS IN RE VIEW OBSTRUCTIONS Action: Ordinance passed first reading. By Bill No. 295 of March 9, 1970, an ordinance entitled REGULATION OF TREE HEIGHTS IN RE VIEW OBSTRUCTIONS, came on for introduction and first reading. Motion of Drohan, seconded by Bremer, to read the ordinance by title only, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None The ordinance having been so read, it was moved by Drohan, seconded by Bremer, to consider the ordinance as having passed first reading. At the suggestion of the Chair, motion of Drohan, seconded by Bremer, in Section l5b-2, on page 1, line 3, the Planning Director be substituted for the Development Administrator; and in Section l5b-6(c), on page 2, line 2, the word :?material1yl1 be stricken and the word llsubstantial1y" be inserted, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None Motion of Rice, seconded by Drohan, that the words :!or sunlight,;' be inserted after the word :.'view.ll in line 8 of Section l5b-7, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None Letters from Gordon Strawbridge and Allan Littman objecting to the methods of assessing costs and to various other aspects of the ordinance, were acknowledged. In response to a question by Ellinwood, the Assistant City Attorney stated he did not feel the ordinance was unconstitu- tional. Question on the main motion as amended was called and the motion carried: AYES: NOE S : ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Fanning, Rice Ellinwood None Mr. Fred Zelinsky, Mrs. Louise Mirata, Mrs. Polly Smith, Mr. Alan Thompson, Mr. Carlisle Becker were heard, asking for a definition of view, recommending that the ordinance be reviewed at the end of a year, recommending that the committee estab- lished by the ordinance be compelled to meet and view the site prior to a decision, and questioning whether it is recognized that there are instances where health, safety and welfare require the existance and preservation of trees as a considera- tion superior to that of view. The Chair, in order to accommodate public discussion, moved to reconsider the motion to pass first reading, which was seconded by Rice and carried: AYES: NOES: ABSENT: March 9, 1970 COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None Minutes #187 Page 6 Motion of Bremer, seconded by Drohan, to include in the ordinance an additional sentence in Section l5-b-2 to say that the committee shall establish its procedural rules subject to City Council approval, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None Motion of Drohan, seconded by Bremer, to consider the ordinance as having passed first reading, was called, and the motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Fanning, Rice Ellinwood None VII. RESOLUTIONS Clerk's Note: That resolution adopted on the Consent Calendar as Item 7, AB 320 - MUNICIPAL ELECTION ADMINISTRATION, was here recognized by the Chair as being numbered Resolution No. 274. AB 324 STYLIZED RESOLUTIONS FOR ACTIONS ON APPEALS FROM ACTS OF THE BOARD OF ADJUSTMENTS Action: Use of resolutions authorized. By AB 324 of March 9, 1970, the Finance and Administration Committee brought before the council a proposal that actions on appeals taken from decisions of the Board of Adjustments on variances and use permits be in the form of a resolution instead of a minute order. Motion of Rice, seconded by Ellinwood, that the council approve and order the use of the resolutions which are attached to AB 324, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, F~nning, Rice None None AB 292 PD PRECISE PLAN 1600 Tiburon Blvd. Mobil Oil Corp. By AB 292 of March 9, 1970, the Lands and Development Committee brought before the council a resolution to approve a PD (Planned Development) Precise Plan for rebuilding the Mobil Station at 1600 Tiburon Boulevard, which plans the Planning Commission approved on January 5, subject to certain conditions. The Planning Director stated the conditions have all been satisfied and the revised drawings submitted, which he presented to the council and marked as Exhibits A through F. Action: Resolution No. 277 approving Precise Plan adopted. It was moved by Drohan, seconded by Bremer, to adopt Resolution No. 277. Mr. Tom Bardet of Mobil Oil thanked the city for their cooperation. Question was called and the motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None March 9, 1970 Minutes #187 Page 7 VIII. MINUTE ORDERS AB 308 INTERIM PROVISIONS FOR RUBBISH DISPOSAL BY HOUSEHOLDERS Action: Continued. Continued. AB 323 RULES OF PROCEDURE FOR PUBLIC HEARINGS Action: Continued. Continued. AB 264 PD PRECISE PLAN ADDITIONS TO DOCK RESTAURANT BUILDING Fred Zelinsky By AB 264 of March 9, 1970, the Lands and Development Committee brought before the council precise plans for additions to the Dock Restaurant Building, which plans had been tabled at the applicant's request, on October 27, 1969. Action: ResoZution No. 278 approv- ing the Precise PZan with conditions adopted. Motion of Drohan, seconded by Bremer, to remove this matter from the table, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning Rice None The Planning Director stated the reason the item was tabled before was Mr. Zelinsky did not want to provide parking, which he now is prepared to do. Mr. Alan Thompson, architect for Mr. Zelinsky, stated the 19 required parking places have been shown on the pending master plan for the Tiburon Lodge, but urged that the plans no~ before the council for the Dock not be committed to ultimate approval of the Tiburon Lodge Master Plans. Motion of Bremer, seconded by Drohan, to approve the Precise Plan, under the conditions and assumptions that (a) some parking arrange- ment will be approved in the vicinity of the Lodge, and (b) no occupancy will be granted until the parking is provided as approved; motion carried~ the foregoing conditions being embodied as part of Resolution No. 278 approving the Precise Plan: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Rice NOES: COUNCILMEN: Ellinwood ABSENT: COUNCILMEN: None AB 253 APPEAL FROM DECISION OF THE BOARD OF ADJUSTMENTS DENYING VARIANCE TO REDUCE SETBACKS AT 1 TAMALPAIS AVENUE George Sugarman Action: AppZication remanded to Board of Adjustments for rehearing on new evidence. By AB 253 of March 9, 1970, the Lands and Development Committee brought before the council a request by Dr. George Sugarman to set aside the decision by the Board of Adjustments denying a variance to reduce setbacks at 1 Tamalpais Avenue. A personal protest by Mr. Emerson Best and letters from Mr. and Mrs. Charles B. Koehler, 69 East View Avenue, and Mr. Mark O. Kasanin of Belvedere, protesting inability to speak to the matter for a lack of notice, were received. March 9, 1970 Minutes #187 Page 8 The CityEngtneer.acknow1edged that final details and the offer of dedication and revised property lines had been received from the appellant, but not in time to be processed. The appellant, Dr. George Sugarman, urged the matter not be sent back to the Board of Adjustments for rehearing. It was moved by Drohan, seconded by Bremer, in view of the council's desire to give adequate public notice to surrounding property owners and in view of the new evidence, to remand the matter to the Board of Adjustments, to be heard at the earliest possible moment. The Chair questioned whether this met with Dr. Sugarman's approval, who answered in the affirmative. Question was called and the motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, E1lin~vood, Fanning, Rice None None AB 328 THE DOWNTOl'JN PLAN File No. 3030.1 Action: Hearing postponed. By Bill No. 328 of March 9, 1970, the Lands and Development Committee requested the council continue this matter to the next regular meeting or to a special hearing. The Chair directed the minutes reflect this matter was not opened for public hearing. It was the sense of the council that they would await action by the Planning Commission on March 18 and then set a special public hearing on this matter. IX. REPORTS REGISTER OF CLAIMS Action: Approved. Motion of Bremer, seconded by Rice, to approve Register of Claims No. 67, carried: AYES: NOE S : ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None x. QUESTIONS Golden Gate Bridge District Ferry Service Ellinwood urged a resolution that the Golden Gate Bridge, Transporta- tion and Highway District be asked to purchase its own ferry boat to assure ferry service in view of the threat of the owners of the boat chartered from Harbor Carriers, Inc., to discontinue the charter. The Chair responded that subsequent discussion with the owners indicated that their position had changed, that the resolu- tion would, for the moment, be premature. March 9, 1970 Minutes #187 Page 9 Marin Transit Systems, Inc., Franchise In response to a question by Ellinwood as to whether Marin Transit Systems, Inc., requirwa city franchise or a license to operate on streets other than principal boulevards in the city, the Assistant City Attorney responded the franchise which the bus company holds from the Public Utilities Commission of the State of California is pre-emptive and authorizes operation on any public street in the city, in accordance with the tariffs filed by the company. 1970-71 Budget In response to a question by Ellinwood, the City Manager responded that 'the budget preparation process was proceeding in accordance with the standard format leading to its submission to the Committee on Finance and Administration. Monthly Cash Flow Statement and Police Department Report (December 1969 Ellinwood stated reviewing the above reports has been postponed a number of times, and she intends to discuss them at the next meeting. X. ADJOURNMENT It being now the hour of 12:40 aom., March 10, 1970, and there being no further business to come before the council, the Chair declared the meeting adjourned sine die.._~ .~ ( Ul"~ ,/ ,--~ '~ LAl< ENCE D. ROSE, Cit C erk Approved by the City Council on: , 1970. ~ March 9, 1970 Minutes #187 Page 10 I \j CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Branwel1 Fanning at 8:10 p.m., March 23, 1970, in the City Hall Council Chamber. II. ROLL CALL PRESENT: COUNCILMEN: Mayor Fanning, Bremer, Drohan, Ellinwood, Rice COUNCILMEN: None Lawrence D. Rose, City Manager Robert L. Kleinert, Assistant City Manager Robert I. Conn, City Attorney Wayne E. Moody, Planning Director Ray W. Foreaker, Jr., City Engineer Louis F. Brunini, Superintendent of Public Works WilliUTI Johansen, Captain of Policr Services ABSENT: EX OFFICIO: III. APPROVAL OF MINUTES No. 187; March 9, 1970 Action: Not approved. Continued. Approval of Min~!tcs DlG7 of 9 March, 1970, was postponed pending c~~rification of certain points raised. IV. CONSENT CALENDAR After remanding certain items from the Consent Calendar to the General Calendar, it wa~ moved by Rice, seconded by Drohan, that the followins items of the Consent Calendar be adopted: POLICE DEPARTMENT REPORT, February, 1970 DEPARTMENT OF URBAN DEVELOPMENT, February, 1970 DEPARTMENT OF PUBLIC WORKS, February, 1~70 AYES: NOES: ABSENT: COUNCILHEN: COUNCILMEN: COUNC IL~.fEN: Bremer, Drohan, Ellinwood, Rice, Fanning None none V. ORDINANCES AB 295 REGULATION OF TREE HEIGHTS IN RE: VIEW OBSTRUCTIONS, Second Reading Action: Ordinanae adopted as No. 46 N.S.; effeative in thirty days. By Bill No. 295 of 23 March, 1970, an ordinance entitled AN ORDI- NANCE OF THE CITY OF TIBURCN AMENDING THE TIBURON CITY CODE BY ADDING ARTICLE III TO TILE IV, CHAPTER 15, REGULATING THE HEIGHT OF TREES, having passed first reading as amended at the me~ting of 9 March, 1970, came on now for second reading and adopti~n. Motion of Drohan, seconded by Bremer, to read the ordinance by title only carried: AYES: NOES: ABSENT: COUNCILMEN: COUnCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood. Rice, Fanning None None The ordinance having been so read, it was moved by Drohan, seconded by Bremer, that the ordinance, numbered 46 N.S., be adopted. A petition bearing 24 signatures, asking that adoption be delayed to permit further public discussion of the ordinance, was read into the record by Droh2~. March 23, 19iO Minutes #188 Page 1 It was noted by the Chair that, even though the amendment of Section l5-b-Z adopted by the City Council on 9 March, 1970, was absent from the draft of the ordinance now before the Council, it was properly a part of the enactment now pending. The Chair invited statements from the floor. Dr. K. F. Ernst spoke in favor of adoption of the ordinance. Mr. Thomas Bertrand opposed adoption of the ordinance on the grounds of dubious constitutionality of the measure. Mr. Richard Starrett opposed the ordinance on the grounds of invasion of privacy and the in~:;-:'t".sion of government in private matters. Dr. Hal R. Lever f~vored adoption of the ordinance and the introduction of machinery for arbitration. Mr. Donald Loomis expressed regret at the elimination of provisions for exempt- ing certain trees. Mr. Rampton Harvey supported the ordinance and its concern with "unreasonable" obstructions. Mrs. Louise Mirata objected to the ordinance to the extent that it made the owner of the tree culpable; and that it ignored the rights of the owner; that it diminished the importance of privacy and was imprecise ES to sunlight ~nd ~inimum height of trees. Mrs. Polly Smith proposed that the ordinance be effective for one year only. M~s. John Kellen opposed the ordinance on the ground of vagueness and failure of the City Council to give due weight to the petition introduced as representing substan- tial public opposition. Mr. Keith Edwards, as Chairman of the Little Reed Heights Property Owners Agsociation, favored the ordinance and asserted that tbe public had full knowledge of its impending adG~tion, citi~g the action of the Board of Directors of the Little Reed Heights Property Owners Association on 18 March, endorsing the measure. Mr. Tom Murray opposed the ordinance, expressing concern that the public was not aware of the measure and objected that the committee system estab- lished in the ordinance would supplant the proper jurisdiction of the courts. To a question by Drohan, the City Attorney responded that the ordinance would not be inoperative pending adoption of the rules of procedure required by Section 15-b-Z. After a pro- posal by Ellinwood to table the ordinance until further study, and objections by Rice that the ordinance was not yet in suit- able form for edoption, Drohan questioned whether the ordinance could be amended so as to provide for repeal at the end of one year. The City Attorney responded that there was some doubt that this could be donc. Drohan then asked that it be spread on the record that it was the desire of the City Council, in any case, that the ordinance be reviewed at the end of one year; that provision be made in the rules of procedure for exemption of certain trees; on-site inspection proceedings, and that the ordinance not be in effect until such rules were adopted. Thereafter, the question being called for on the motion to adopt the ordinance, the motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Fanning Ellinwood, Rice None AD 313 REPORTS OF RESIDENTIAL BUILDING RECORDS IN RESIDENTIAL PROPERTY SALES Action: Continued to May without first reading. By Bill No. 313 of March 23, 1970, Bremer brought on for first reading an ordinance previously introduced on 9 March, 1970, entitled AN ORDINANCE OF THE CITY OF TIBURON, ADDING CHAPTER l3A TO TITLE IV OF THE TIBURON CITY CODE, RELATING TO THE REPORTS OF RESIDENTIAL BUILDING RECORDS, which ordinance would require that prior to entering into an agreement of sale or exchange of any residential building, the owner shall obtain a report from the city showing the regularly authorized use, occupancy and zoning classification of the property. March 23, 1970 Minutes #188 Page 2 It was moved by Bremer, seconded by Drohan, that the ordinance be considered as having passed first reading. Mr. Jacques Nadler, representing the Marin County Realty B~ard, appeared before the Council and asked if further action could be delayed until an effort had been made to see if the ordinance could be uniformly adopted throughout the County of Marin. Bremer, with consent of the seconder, withdrew the motion to pass first reading. The Chair continued the matter to the second meeting in the month of May, asking that copies of the ordinance be distributed to governmental agencies throughout the county. AB 328 NUISANCE ABATEMENT PROCEEDINGS Action: Ordinance passed fipst reading, peturns on 4/13/70 fop adoption. By Bill No. 328 of 23 March, 1970, Rice int~oduced an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION 24-4 OF THE TIBURON CITY CODE, which ordinance would provide that the action of the City Council declaring a public nuisance would be final fifteen days after such decision had been rendered. Motion of Rice, seconded by Drohan, to read by title only, carried: AYES: NOES ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Rice, Fanning None None Motion of Rice, seconded by Bremer, to consider the ordinance as having passed first reading carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILHEN: COUNCIr.,nEN: Bremer, Drohan, Ellinwood, Rice, Fanning None None VI. MINUTE ORDERS AD 329 AUTHORIZATION TO CONDUCT JUVENILE DELINQUENCY STUDY Action: Authopity granted to .conduct study. In support of AB 329, recommending that the city support and approve a request to conduct studies and surveys in the city, Mrs. Natalie Lewis of the Marin Juvenile Delinquency Prevention Commission, appeared before the City Council and spoke to the matter. Motion of Ellinwood, seconded by Rice, to approve the request, carried unanimously. AD 330 ACCEPTANCE OF IMPROVEMENTS ON McCART COURT Action: Improvements accepted, bond expunge d. AB 330 of March 23, 1970, was introduced, containing the recom- mendation of the City Engineer that the City Council accept the improvements on McCart Court and authorize the City Engineer' to cancel the maintenance bond for the work. After it had been ascertained in response to questions by Ellinwood that the im- provements being accepted were only those in the street and curb and that the city was not assuming responsibility for drainage structures or problems elsewhere on the subdivision by this action, on motion of Rice, seconded by Bremer. to accept the improvements and authorize cancellation of the maintenance bond for the work carried: AYE$: NO ES' : ABSENT: ABSTAINING: COUNCILMEN: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Rice, Fanning None None Ellinwood March 23, 1970 Minutes #188 Page 3 AB 293 THE GENERAL PLAN FOR DOWNTOWN TIBURON: SET HEARING DATE Action: Hearing set, 4/13/70, De l Mar Schoo l. After discussion of alternative dates, the Chair directed that the public hearing required as a prece~ent to adoption of the General Plan be set for 13 April, 1970, in the Music Room at Del Mar School. Mr. Eiler Foss, Chairman of the Tiburon Peninsula Advisory Committee, objected to any action on the plan by the present City Council, stating that the Board of Directors of the committee had resolved that the new City Council would more appropriately reflect the desires of the citizens in the matter. Mr. Foss was requested by the Chair to provide members of the City Council with a copy of the resolution. SUSPENSION OF THE ORDER OF BUSINESS REPORT OF THE DEPARTMENT OF POLICE SERVICES, December, 1969 The Chair suspended the regular order of business in order to entertain questions by Ellinwood respecting the report of the Department for the month of December, 1969. After a response by Chief of Police Services Johansen that a decrease in total mileage reported by the Department for the year was due to a reduction in the use of patrol cars for non-patrol functions, and that a decrease in traffic citations was due to improved signing and a reduction in the total number of available on- street parking spaces, the report was accepted. VI. MINUTE ORDERS (Continued) AB 308 INTERIM PROVISIONS FOR RUBBISH DISPOSAL BY HOUSEHOLDERS - Phase I Action: City Manager authorized to negotiate for com- pactor service. By AB 308 of 23 March, 1970, containing. the recommendations of the City Manager on alternatives for providing a community system of rubbish disposal, was introduced by Rice with a recom- mendation that the first alternative, that of seeking to provide city-wide compactor truck service for picking up of rubbish, be accepted. Following discussion of some of the disadvantages of having trash deposited at curbside for pickup and the relative merits of assessing costs to the householder or as a part of the general expenses of the city, it was the sense of the City Council that the City Manager should enter into negotiations with the Mill Valley Refuse Service, Inc. for the compactor truck system, bringing back recommendations for the most ef- ficient and effective method of operation and the means for bearing the expense of the service. AB 235 BUS STOP AT STEWART DRIVE ON TIBURON BOULEVARD - COOPERATIVE PROJECT WITH DIVISION OF HIGH- WAYS Action: City authorized to enter into joint construction enterprise. Rice introduced Bill No. 235 of 2 July, 1969, carrying the recommendation of the City Engineer and the Public Services Committee that the City Council participate with the Division of Highways in the costs of installing a bus turnout and side- walk on Tiburon Boulevard south of Stewart Drive, at an esti- mated cost to the city of $8,500. Motion of Rice, seconded by Bremer, to adopt the recommendation carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILHEN: Bremer, Drohan, Ellinwood, Rice, Fanning None None March 23, 1970 Minutes #188 Page 4 AB 306 ACCEPTANCE OF PUBLIC RIGHT- OF-WAY; PORTO MARINO DRIVE Action: Remanded to committee and reset for 4/13/70. Rice introduced Bill No. 306 of 23 March, 1970, carrying the recommendation of the City Engineer that the city delete a non-access strip at the north end of Porto Marino Drive, accept the offer of dedication of an extended right-of-way with the one-foot non-access strip imposed on the end of the extension, and require the applicant, Mr. Kurt Heath, to improve the street over the length of the extension. After a discussion concerning how extensive the improvements should be, the mat- ter was returned to the Public Services Committee for further consideration, to appear again on the agenda of 13 April, 1970. AB 267 CONSTRUCTION OF GUARD RAIL ON DIVISO STREET Action: Construction authorized. Ellinwood introduced Bill No. 267 of 5 September, 1969, con- taining the recommendation of the City Engineer that a guard rail be built on the west side of Diviso Street, between Vistazo West and Centro West, as a safety measure at an esti- mated cost of $800 to $900. In response to questions, the City Engineer stated it would be reasonable not to expect that the guard rail would narrow, or seem to narrow, the traveled way. !~tion of Ellinwood, seconded by Rice, to approve the project carried: A.YES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Rice, Fanning None None AB 286 SCHOOL PATH; JEFFERSON DRIVE TO REED RANCH ROAD Action: Remanded to oommittee. The Bill returned to committee for consjderation and cost estimates by the City Engineer. AB 331 GOLDEN GATE MARATHON RACE Action: Authorization to issue permit withheld. Bill No. 331 of 23 March, 1970, recommending that a portion of the route for the Golden Gate Marathon on 30 May, 1970, spon- sored by the Pacific Association of the Amateur Athletic Union, be permitted to pass through downtown Tiburon, was introduced. After a discussion of alternatives to passing through Tiburon, and the problems which might occur from the congestion to be expected by spectators watching the event, it was the sense of the City Council that authorization not be given_ AB 323 RULES OF PROCEDURE FOR PUBLIC HEARINGS Action: Continued. Consideration of the Bill was continued. AB 322 BETTERMENTS PROJECTS BUDGET Action: Continued. Consideration of the Bill was continued. March 23, 1970 Minutes #188 Page 5 VII. REPORTS AB 332 REPORT ON PARADISE DRIVE REALIGNMENT AND WIDENING, AND WALKWAY ALONG TRESTLE GLEN BOULEVARD Action: Report of the Public Servioes Committee accepted and filed. Rice introduced Bill No. 332 of 23 March, 1970, a report on the progress of engineering work on walkway for Paradise Drive and walkway on Trestle Glen Boulevard. After hearing that the Public Services Committee had instructed the City Engineer to proceed with cost and safety studies in both cases, having ruled out other alternatives, the Chair ordered the report accepted. VIII. QUESTIONS No questions were raised. IX. ADJOURNMENT ** 24 It being now the hour of 12:12 a.m., March 2~, 1970, and there being no further business to come before the Council, the Chair declared the meeting adjourned sine die. ~ ' - ,-<. ~ /. - ~NCE D. ROSE, City Clerk Approved by the City Council on: April 27 r ~ ,1970. ~. ~ MAYOR OF T CIT; OF TIBURON )i ** Correction to the minutes. See Minutes #193 March 23, 1970 Minutes #188 Page 6 ~ CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of California) was called to order by Mayor Branwe1l Fanning at 8:07 p.m.) April 13, 1970, in the Music Room of the Del Mar School. II. ROLL CALL PRESENT: COUNCILMEN: Mayor Fanning; Bremer, Drohan, Ellinwood, Rice (8:52) ABSENT: COUNCILMEN: None EX OFFICIO: Lawrence D. Rose, City Manager Robert L. Kleinert, Assistant City Manager Richard H. Breiner, Deputy City Attorney Wayne E. Moody, Planning Director Ray W. Foreaker) Jr., City Engineer Louis F. Brunini, Superintendent of Public Works Hellen K. Hecht, Minute Clerk !!!: No. 187; March 9, 1970 APPROVAL OF MINUTES Action: Approved. Moved by Drohan, seconded by Bremer, that Minutes No. 187 of March 9, 1970, be approved. Ellinwood requested paragraph lIon page 4 be changed as follows: 11. . . the Assistant City Attorney responded this was not prohibited by law." No. 188; March 23, 1970 Action: Continued. -- Approval of Minutes #188 of March 23, 1970) was postponed. IV. CONSENT CALENDAR --- ..,:.... After remanding certain items from the Consent Calendar to the General Calendar, it was moved by Drohan) seconded by Bremer, that the following items of the Consent Calendar be adopted: AD 337 - RESOLUTIONS CONSENTING TO FORMATION OF SEvmR ASSESS!1ENT DISTRICTS; SANITARY DISTRICT NO. 2 (Resolutions No. 279, 280 and 281) AB 335 - ACCEPTANCE OF GRANT DEED AND ABANDONMENT OF RIGHT TO ACCEPT OFFER OF DEDICATION OF RIGHT-OF-WAY ADJACENT TO SUGARMAN PROPERTY, AT 1 TAMALPAIS AVENUE (Resolutions No. 282 and 283) AB 336 - CLAIMS FOR DAMAGES TO REAL AND PERSONAL PROPERTY - CASH FLOW STATEMENT, February 1970 - DEPT. OF URBAN DEVELOPI1ENT, February 1970 - CITY ENGINEER, March 1970 AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood) Fanning, 1t:'~ None ~ Rice ** V . ORDINANCES AB 328 Action: Continued. NUISANCE ABATEMENT PROCEEDINGS Consideration of the Bill was continued. April 13, 1970 MINUTES #189 ,ji #193- Page 1 ** Correction to the minutes. See Minutes AB 339 Action: Continued. REZONING: R-3 AND RO-2 TO PD, NORTH BAY PROPERTIES, INC. Consideration of the Bill was continued. VI. RESOLUTIONS AB 334 NO PARKING AREA FROM 394 TO 401 HILARY DRIVE Action: Continued. Consideration of the Bill was continued to April 27 to insure notification of residents in the area. AB 293 THE GENERAL PLAN FOR DOWNTOWN TIBURON Motion of endorsement adopted; resolution of adoption not aoted on. Action: By Agenda Bill No. 293, the Lands and Development Committee brought before the City Council a resolution to adopt as a Downtown Plan for the City of Tiburon that certain plan previously approved by the Planning Commission in their Resolution No. 77. The Chair declared the public hearing open. Drohan read the recommendations of the Planning Director and then called upon the Planning Director and Mr. Buskirk to give their presentation. The Planning Director outlined the history of the plan and the changes that have been made with respect to increased park area, land uses, and the expanded planning area. Mr. Philip Buskirk, consultant to the city for preparation of the plan, presented to the council the various plans and drawings which, together with additional textual material, constituted the proposed downtown plan, Drohan questioned the Planning Director whether approval of the plan meant approval of the terminal facility for the buses and the provision for a boatwork shop. The Planning Director stated adoption of this plan is merely a statement of goals. The zoning in the do~mtown area is PD and requires master and precise plans; however, should a developer produce plans similar to the ones adopted, it might be hard to reject them. To a question by Drohan about the economic feasibility of the harbor, Mr. Buskirk responded from preliminary investigations, including one with the city engineer, the harbor plan appears to be economically feasible. Questions were raised by Ellinwood concerning drainage, parking, a~d the concept of a second road and its development, the park area, and the absence of any indication of municipal buildings. The Chair expressed his objection to a boat repair area. RECESS A recess was taken at 9:45 p.m., the council reconvening at 10:00 p.m., the roll standing as originally taken. The Chair invited statements from the floor. Mr. Peter Meyers favored the plan except for the traffic circu- lation. He urged eliminating the automobile from the residen- tial and business areas and objected to the bus terminal area. April 13, 1970 MINurES {f189 Page 2 Mr. Gary Gray stated he was prepared to put up with personal inconvenience in order not to have a second road. Mr. Gordon Strawbridge agreed that the boat repair wording should be deleted, and expressed concern about the second road. Mr. Fred Zelinsky stated it was the consensus of the shopkeepers that Main Street should not become a mall. Mr. Bernard Helfand ** Kalps~tR recommended leaving the existing sites as the rail- road buildings and opposed unrestricted vehicular traffic. Mr. Vance Wolfe, representing the Northwestern Pacific Rail- road, requested an opportunity for the railroad to conduct cash flow studies on the proposed uses, including an opportunity to determine if the harbor plan would pay for itself. Mr. Allan Littman, chairman of the Planning Commission, stated the rail- way has been given innumerable opportunities to conduct an economic study. Mr. Carlisle Becker urged a plan be adopted very soon. wicR=liR.a~=pa~ks=io~=th.=cit~zeQ.~ ** Mr. Vernon Hunt, lessee of the Tiburon Lodge, objected to additional hotel facilities, a street passing the rear of the Tiburon Lodge, and a failure to relieve congestion at the ferry boat terminal. Mr. Hal Hobbs spoke against adding a road onto the TState high- way, and questioned the drainage plans. Mr.~~~~/~b~~1!son ** questioned whether there was any provision for extending Esperanza down through Tiburon Boulevard from Mar West. Mr. Donald Batten inquired about the advantages of a port of call in connection with this harbor. Mr. Allan.Thompson, a member of the Planning Commission, spoke in favor of the balanced type of downtown usage, which encompasses a seven-day usage rather than a tourism type of use. Mr. Rampton Harvey spoke in favor of a second road, approving of the fact it would not be a reality until it is absolutely necessary, and the fact that there would be no commercial access to the road. Mr. Elmo DeMartini objected to the height of the proposed lodge. The Planning Director stated they would be governed by the zoning ordinance, which has a height limit of 30 feet. Mr. DeMartini felt the proposed plan will be too demanding on the Planning Commission and the council, and felt the zoning ordinance would provide the necessary controls, without putting so much detail in. Mr. Hank Bruce felt the roads and the parking places usurped the space that should be left open for the residents. He urged more open recreational space. Mr. Albert Sennett, a member of the Planning Commission, urged the council encourage the railroad commence their feasibility studies and their own plans immediately. Mrs. Sylvia Ross urged the space alloted for new roads be put together into open space. Mr. Joseph Marshall, a member of the Planning Commission, urged the council not delay in approving or denying of the plan on the basis of the railroad's economic study. Mr. Eiler Foss spoke in favor of more open space. Mr. Fred Zelinsky agreed the railroad should have had their plans before this date, and requested that the major property owners of downtown Tiburon not be overlooked. Mr. Gray and Mr. Batten urged the council adopt the plan and not wai~ f~{ thi*property owners to make their studies. Mrs. Ma~iRe7Boarne expressed concern over the bus terminal. Dr. George Sugarman spoke against vehicular traffic along the waterfront, but urged the council adopt the plan this evening. Mrs. Phyllis Ellman requested clarification of the wording of bus terminals, and questioned how many buses would be involved. Drohan proposed that the plan have additional hearings held by the new city council before adoption. Bremer spoke in agreement. The Chair urged that a vote on the plan be taken. April 13, 1970 MINUTES 11189 Page 3 ** Corrections to the mJnutes. See minutes #193 J1~ It was moved by Drohan, seconded by Bremer, that this council is satisfied with the general features of this plan and recom- mend its adoption at the earliest possible moment. In response to a question by the Chair, the Assistant City Attorney stated because of the importance of this particular general plan, if any changes or additions are made, the plan must be sent back to the Planning Commission for a report and could be returned to the council on the 27th. However, if the changes involve zoning, then advertised public hearings must be held. Rice questioned the fact that the Planning Director's report of September 23rd indicated that according to the Wilbur Smith traffic study report, the existing road was all that was needed in light of the projected 1990 traffic flow. He wondered why the conclusion had now been reached that an alternate road should be considered. Mr. Littman stated further study indi- cated a second road was warranted. The Planning Director stated his September 23rd report had indicated Tiburon Boulevard would take the amount of traffic anticipated, but it would not be possible to walk across the street safely or comfortably. In response to a question by Rice about when the road would go in, Mr. Littman responded it was their intention it be built when the volume of traffic deems it necessary, but the developers must set aside the right-of-way. Question on the motion of Drohan was called, and the motion carried: AYES: COUNCILHEN: NOES: COUNCILMEN: ABSTAIN: COUNCILMEN: ABSENT: COUNCILl'\ffiN: Bremer, Fanning, Drohan, Rice None Ellinwood None VII. MINUTE ORDERS AB 338 BUDGET INCREASE, WIDENING DIVISO STREET, PROJECT NO. P 70-3 Action: Continued. Consideration of the Bill was continued. AB 322 Action: Continued. BETTERMENTS PROJECTS BUDGET -- Revisions, Additions, Refunding Consideration of the Bill was continued. VIII. REGISTER OF CLAIMS SUSPENSION OF THE ORDER OF BUSINESS Action: Approved. Motion of Bremer, seconded by Rice, to approve Register of Claims No. 68, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None VII. MINUTE ORDERS AB 340 GOLDEN GATE MARATHON RACE Action: One-year permit authorized. AB 340 of April 13, 1970, was introduced bearing a request by the Golden Gate Marathon Race Committee that the City Council April 13, 1970 MINUTES 1/:189 Page 4 reconsider its earlier denial of permit and allow the race to take place, in part through Tiburon, on the 30th of 11ay at an earlier starting time. The Bill c~rried the recom- mendation of the Assistant City Manager that authorization to run a portion of the race through Tiburon at the earlier starting time be granted. Motion of Bremer, seconded by Ellinwood, that limited approval be given, on a conditional basis that there is no extra- ordinary or unusual critical police or fire problems, and this be a conditional approval as a one-year test and not carte blanche approval in perpetuity, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None AB 306 Action: Continued. ACCEPTANCE OF PUBLIC RIGHT-OF- HAY, PORTO MARINO DRIVE Consideration of the Bill was continued. IX. REPORTS AB 256 STATUS OF REED SCHOOL PARl{ PLANNING Action: Continued. Continued. x. QUESTIONS No questions were raised. XI. ADJOURNMENT It being now the hour of 12:15 a.m., April 14,1970, and there being no further business to come before the council, the Chair declared the meeting adjourned to April 21. /~ .....~ ~ r ~ C; Amu:NC~ ~ ,City Clerk Approved by the City Council on: April 27 ~1970. MA~"'Tim. cr;-;-OF TIBURON April 13, 1970 MINUTES 1/189 Page 5 J CITY COUNCIL CITY OF TIBURON I . CALL TO ORDER Notice of special meeting having been duly issued, and waivers of such notice received from those not answering the roll, the meeting was called to order by Mayor Branwell Fanning at 8:10 p.m., April 16,1970, in the City Hall Council Chamber. II~ ROLL CALL PRESENT: COUNCILMEN: ABSENT: COUNCILl{"?:N: EX OFFICIO: Mayor ~anning; Ellinwood, Rice Bremer, Drohan Law~euce D. Rose, City Manager Rich&~d H. Breiner, Deputy City Attorney III. PETITION LO RECOUNT THE VOTE ~ - . A declaration by Alvin R. Kuhn alleging that because of mistake :'or error, the votes in consolidated Precincts 1, 2 and 3 for the :.\.,;.Kunicipal election of April 14:l 1970, were so incorrectly '~:.' '-counted that the returns do not correctly show which candidate ,:"t'1:'eceived the plurality of the votes cast f9r the office of City ~;councilman having been served upon the City Clerk this date, it l;.was placed before the City Council pursuant to the Elections ~: Code of the State of California. The Deputy City Attorney advised the City Council on the statutory process activated by the filing, and the declaration of Mr. Kuhn was read. The City Attorney gave it as his opinion that the Declaration satisfied the requirements of the applicable statute. To a question as to the responsibility for the costs of recounting the votes in the election, which filing of the Declaration would require, the City Manager responded that representatives of the candidate had deposited the required costs this day. Mr. Carlisle Becker appeared before the council to question the adequacy of the Declaration, claiming that it was not given under oath and was self-defeating. To a question from Rice, the Deputy City Attorney again stated that the letter substantially meets the requirements of the Applicable section of the Elections Code, ,thereafter reading Section 22940 of said Code in its entirety. .:.After a discussion cs to the consensus of accepting the declara- ,:Uion in its present form, at the request of Rice, the Chair ~%ecee~ed the meeting in order ~o give Mr. Kuhn, who wasnot -present, an opportunity to file an amended declaration. Upon receipt of an amended declaration by Mr. Kuhn, given under penalty of perjury, it was read by the Chair and filed with the City Clerk. Motion of Rice, seconded by Ellinwood, to adopt Resolution No. 284, a Resolution accepting the Declaration,appointing a special recounting board of four voters composed of Vivienne Windblad, Alice Oldag, Mary Estudillo and Elizabeth Talbot, and asking that the recount proceed expeditiously, was adopted: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Ellinwood, Fanning, Rice None Bremer, Drohan IV. CITY OF MILL VALLEY PROPOSAL TO ANNEX A PORTION OF THE STRAteJBERRY AREA ....' Ibe~ call for special meeting provided as a matter to be discussed on, the recently filed petition of the City of Mill Valley to the April 16, 1970 MINUTES 1I1(jO Page 1 ,~al Agency Formation Commission for authorization to annex a ~~on of the Strawberry area. The Chair ordered the matter ;~:{'~lnued to Tuesday, April 21, 1970. ; 1'" .'i'~ ',' . ! ~-,,~ "-" .,r,,'t,' 'V. ADJOURNMENT .;,,,1tere being no further business permitted under the call for special meeting, the meeting was adjourned at 9:35 p.m. ~/~ ' , NCE D.~OSg, 1ty erk Approved by the City Council on: ~1970. Apxil 16, 1970 MINUTES 11190 Page 2 ) CITY COUNCIL CITY OF TIBURON The special meeting of the City Council, City of Tiburon, State of California, was celled to order at 8:08 p.m., on April 21, 1970, by Mayor Branwe1l Fanning in the City Hall Council Chamber. II. ROLL CALL PRESENT: COUNCIU{E!l: MJyor Fanning, Bremer, Drohan, Ellinwood, Rice ABSENT : COUNCIL~.CH : l:one EX OFFICIO: Lawrence D. Rose, City Manager Robert L. Kleinert, Assistant City Manager ~ob~=t I. Conn, City Attorney Rich~rd H. Breiner, Deputy City Attorney Louis F. Brunini, Superintendent of Public Works tJayne E. Moody, Planning Director TIellen K. Hecht, Minute Clerk .~.L:~.!-..--fi.PFJ.O:!A~_ OF MINUTES In response to the Ch~ir c21ling fo~ the approval of Minutes No. 188, the City M~n~gc~ advised no this was a continued special meeting and the apP1:oval of minutes was not on the agenda, they could not be properly approved at this time. At the suggestion of Bremer, a~prov~l of ~inuteG no. 188 was continued to April 27, 1970. I",} C> STRAl~JBERRY ANNEXATION -------~~-..-.."'"..----...~~ The Chair edjo~rn~d the sp~cial meeting called for the purpose of discussing the Strewbe~~y annexation to Monday, April 27, 1970. V. CAnVASS OF BALLOT The Chair a.!).nounced the council would now canvass the ballots cast in the April 14, 1970, mnnicipal election at which two City Council- men were selected fc~ fou~-yeQ~ terms. The City Manager placed before the Council t~lly sheets nnd preliminary statement of results of ballots cast, copy of the index of ~eg1stered voters, copy of roster of those voting, copies of lists of voters applying for and receiving absentee ballots, copies of precinct and absentee ballot rosters. T~:~ City ~12D.~ger ctnted th:: recount of ballots on April 20 did not change the ::c~ults end the City Attorney has advised Section 22943 of the Elections Code provides when the results are not changed by the ~ecount, the Council is to canvass and certify the results of the original election, which was held on April 14th, and not the resultn of the recount. It was moved by DToh~n, seconded by Bremer, that Resolution No. 285 be adopted, A RESOLULION O~ THE CITY COUNCIL OF THE CITY OF TIBURON CERTIFYING THE RESULTS OF TEE l-1UNICIPAL ELECTION HELD IN AND FOR THE CITY OF TIBURON, STATE OF CALIFORNIA, ON THE 14TH OF APRIL, 1970. Mayor Fanning recited whet he believed to be the major achievements of the council now Boing out. Councilmen Bremer and Rice responded with a few remarks. Ellinwood proposed th~t the cou3ci1, by a motion and a letter, express its deep appreciation to the four ladies, Mrs. Vivienne Windb1ad, Mrs. Alice Oldag, Mrs. Mary Estudi110 and Mrs. Elizabeth Talbot, who worked on the recount. The Chair agreed, but asked that a resolution by the entire council would be in order at the first appropriate meeting possible. April 21, 1970 MInUTES {,b191 Page 1 Drohan complimented the City administration, and particularly the City Manager, for their tremendous help to the City Council. Dr. George Sugarman, as president of the Tiburon Peninsula Chamber of Commerce, expressed the Ch~mber's appreciation to the present council, welcomed the incoming councilmen, and joined Drohan in complimenting the staff on their fine work. He suggested the Belvedere and Tiburon councilmen meet informally with the Chamber one Saturday morning a month for informal discussions. Mr. John Hoffmire complimented the council on past achievements and wel- comend the new councilmen. Question on Drohan's motion to adopt Resolution No. 285 was called and the motion carried: AYES: NOES: ABSENT: COUNCILl1EN: COUNCILMEn: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice None None VI. SEATING OF NEW CITY COUNCIL The Chair stated the nC\1 councilmen would not be seated as there is a statutory procedure by which the newly elected councilmen must file a ctate~~nt of their cempaign expenses the day preceding the administering of oath of office to the councilmen, and none of the council-elect had filed such a statement in timely fashion. The Chair stated the remaining items on the agenda would therefore be continued until after the new councilmen are sworn in. To a suggestion by Ellinwood that the new council informally meet and select a mayor and vice-mayor, the Chair advised this would be a violation of the B~own Act. VII. ADJOURNMENT It being now the hour of 8:50 p.m., April 21, 1970, and there being no further business to come before the council, the Chair declared the meeting adjourned to 7:00 p.m., Wednesday, April 22, 1970. ~ fl~'" . D '-- , _., 't!. -- : . l< ;C: D. ROSE, C1.ty Clerk Approved by the City Council on: ~~1970. MAYOR OF THE CITY O~ TIBURON April 21, 1970 MINUTES #191 Page 2 .I CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER An adjourned statutory meeting was called to order at 7:08 p.m., April ~ 1970, by Mayor Branwell Fanning in the City Hall Council Chamber.~ ** ~~ II. ROLL CALL PRESENT: ABSENT : EX OFFICIO: COUNCILMEN: COUNCILMEN: Mayor Fanning; Drohan, Ellinwood, Rice Bremer Lawrence D. Rose, City Manager Robert L. Kleinert, Assistant City Manager Wayne E. Moody, Planning Director Phil V. Scott, Development Administrator Louis F. Brunini, Superintendent of Public Works III. CERTIFICATION OF ELECTION Pursuant to Resolution No. 285 certifying t,he results of the Municipal election held on the 14th day of April, 1970, in the City of Tiburon, all requirements of the Elections Code relating to the qualification of certified candidates having been satis- fied, the City Clerk administered the oath of office to Branwe1l Fanning, Albert Sennett and M. Carlisle Becker, thereafter deliver- ing to them certificates of their election to four-year terms as City Councilmen, expiring in April 1974. The newly sworn members were thereupon seated, together with Councilmen Rice and Ellinwood. IV. ELECTION OF OFFICERS "'~or purposes of receiving nominations for the office of Mayor, the Chair was assumed by the City Clerk. Fanning placed in nomina- tion the name of Councilman Rice. There being no further nomina- tions, motion of Fanning, seconded by E1lin~00d, to close the nominations and instruct the Clerk to cast a unanimous ballot electing Councilman Rice as Mayor carried unanimously. The Clerk thereupon surrendered the Chair to Mayor-elect Rice, who assumed the Chair and called for nominations for the office of Mayor pro-tempore. Ellinwood placed the name of Co~nci1man Sennett in nomination. There being no further nominations, motion of Fanning, seconded by Becker to close the nominations and instruct the Clerk to cast a unanimous ballot for Councilman Sennett as Mayor pro tempore, carried unanimously. V. CLOSE OF EXTRAORDINARY BUSINESS Mayor Rice saluted the efforts and achievements of former Mayor Fanning, and thereafter recognized as present in the audience the newly elected mayor of Belvedere, Mayor Drechsel. The Mayor ordered that the appointment of standing committees would not be made at this time, but would be continued until the meeting of April 27, 1970. In the meanwhile, however, he appointed as an ad hoc committee to study the question of the Mill Valley application to the Local Agency Formation Commission for annexation of a portion of the Strawberry area Councilmen Fanning and Sennett, who were instructed to bring in a report at the meeting of the 27th of April. 2.2 April e!-, 1970 ** MINUTES 1/192 Page 1 Correction to the minutes. See Minutes #194 .~j( VI. ADJOURNMENT Motion of Fanning, seconded unanimously, and the meeting by Ellinwood, to adjourn, carried adjourned at 7:20 p.mo ~ ~0 , ~ ~~ "'~- '---- l~ENCE Dot ROS , ~ty Clerk Approved by the City Council on: May 11 I ,) , 1970 0 . // I . 1/ (' -.'..,~.... ---...., . . ~ MAYOR OF THE CITY OF TIBURDN ,~ :;z. April ~l, 1970 ** MINUTES #192 Page 2 Correction to the rninutes.)1)( See Minutes #194 J CITY €OUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Denis T. Rice at 8:07 p.m., April 27, 1970, in the City Hall Council Chamber. II. ROLL CALL PRESENT: COUNCILMEN: ~!ayor Rice, Becker, Ellinwood, Fanning, Sennett ABSENT: COUNCILMEN: None EX OFFICIO: Lawrence D. Rose, City Manager Robert L. Kleinert, Assistant City Manager Robert I. Conn, City Attorney Wayne E. Moody, Planning Director Ray W. Foreaker, Jr., City Engineer Phil V. Scott, Development Administrator Hellen K. Hecht, Minute Clerk III. CONSENT CALENDAR -- After remanding one item from the Consent Calendar to the General Calendar, it was moved by Fanning, seconded by Sennett, that the following items of the Consent Calendar be adopted: AB 341 - MAIN STREET ~~EKEND DECORATIONS FOR OPENING DAY OF YACHTING SEASON - DEPARTMENT OF PUBLIC WORKS Report, March 1970 - CASH FLOW STATEMENT, March 1970 There being no objection, the Chair declared the Consent Calendar, consisting of the above items, adopted by unanimous consent. SUSPENSION OF THE ORDER OF BUSINESS The Chair suspended the regular order of business in order to take up the item scheduled on the agenda for 8:pO p.m. AB 318 KAPPIE'S RESTAURANT PRECISE PLAN Carlton Nicholson Action: ResoZution No. 286,approving a PD Precise Plan for addi- tions to 38 Main St. adopted. By AB 318 of April 27, 1970, the Planning Director brought before the council an application for Precise Plans for additions to Kappie's Restaurant, 38 Main Street. The plans consist of adding 250 square feet to the rear of the building and applying new siding to the existing building. The Planning Director recommended approval, subject to the conditions listed in the resolution. It was moved by Fanning, seconded by Sennett, to adopt Resolution No. 286, adopting the PD Precise Plans. In response to a recommendation by Ellinwood that the city attach a condition that the walkway be dedicated as a public walkway ease- ment to prevent any future encroachment into the walkway, it was the sense of the council that before any building could be extended into the walkway it would be necessary to go before the City Council and the Planning Commission, and also accepting an ease- ment may involve an economic liability. In response to a question by Ellinwood about parking, the Planning Director advised the ten required parking spaces are available in the adjacent lot. April 27, 1970 MINUTES fftl93 Page 1 Motion amended by Ellinwood, accepted by Fanning, to make the follow- ing changes in the conditions listed in the resolution: 1'2. A sign permit should be applied for, showing all proposed signs which must be approved prior to the issuance of a building permit. "3. Prior to the issuance of a building permit, the existing building shall be inspected by the Fire Protection Dis- trict, the County Health Department, and the Building Inspector, with any necessary corrections which must be made to be included as a part of the permit." Question was called on the motion to adopt Resolution No. 286, with the clarifications and interlineations as have been accepted by the mover, and the motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Eecker, Ellinwood, Fanning, Rice, Sennett None None IV. ORDINANCES AB 328 NUISANCE ABATEMENT PROCEEDINGS Action: Ordinance No. 47 N.S. adopted; effective in thipty days. By AB 328 of April 27, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION 24-4 OF THE TIBURON CITY CODE, which ordinance would provide that the action of the City Council declaring a public nuisance would be final 15 days after such decision had been rendered, having passed first reading on March 23, 1970, came on for second reading and adoption. Motion of Fanning, seconded by Sennett, to read the ordinance by title only, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett None None The ordinance having been so read, motion 'of Fanning, seconded by Sennett, that the ordinance, numbered 47 N.S., be adopted, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett None None AB 339 REZONING: R-3 AND RO-2 TO PD, NORTH BAY PROPERTIES, INC. Action: Opdinance passed fipst reading3 returns on 5/11/70 for adoption. By Bill No. 339 of April 27, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON CHANGING THE ZONING DESIGNATION OF CERTAIN PROPERTY FROM R-3 AND RO-2 TO PD, came on for introduction and first reading. The Chair declared the public hearing open. Motion of Fanning, seconded by Rice, to read the ordinance by title only, carried: AYES: NOES: ABSENT: COUNCILii.ffiN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett None None The ordinance was thereupon read by title only. April 27, 1970 MINUTES {!193 Page 2 The Planning Director stated the applicant wished to rezone property off Marinero Circle, currently zoned RO-2 and R-3, to PD to allow the clustering of units, keeping the multi-family development away from abutting the single family zone. The PD zoning conditions to be attached to the Master Plan would guarantee the preservation of the north slope of the property, the repair of the scarred topography, and more stringent design controls. In response to a question by Fanning, Mr. John Hoffmire, the appli- cant, stated he would be willing to put the large power line on the ridge underground. It was moved by Fanning, seconded by Rice, to consider the ordi- nance as having passed first reading. Mr. Leo Bodian presented to the council a pictorial description of the easement that is recorded which gives them access to their property through the subject property. The Chair directed the minutes reflect the general intent in approving the proposed ordinance is that a change over to PD would not imply any ecceptance of increased density over that presently applicable under the present zoning. The Chair also directed the minutes reflect that the intent is whatever PD plan is brought in, it not involve a breach of the ridge line above the area contemplated to be developed. Fanning requested ~~s original motion be amended to provide that the precise i..ii and bounds description will be deemed substi- tuted for the assessor's parcels in sub-paragraph I. and 2. of Section I. Question was now called, and the motion to consider the ordinance as having passed first reading, with the above amendment, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Fanning, Ellinwood, Rice, Sennett None None RECESS A recess was taken at 9:20 p.m., the council reconvening at 9:30 p.m., the roll stnnding as originally taken, with the excep- tion of the City Manager, who left at 9:20 p.m. V. APPROVAL OF MINUTES No. 188; March 23, 1970 Action: Approved with corrections. Ellinwood requested the date under Adjournment on page 6 of Minutes #188 be changed to March 24. There being no objection, the Chair ordered a reading of Minutes #188 of March 23, 1970, be waived, and they be adopted, with the change as noted above. No. 189; April 13, 1970 Action: Approved with corrections. The Chair requested the vote on the Consent Calendar on page 1 of Minutes #189 be changed to show Rice absent, and four Ayes. Ellinwood requested the following changes in name spellings be made on page 3: Mr. Bernard Helfand Mr. Harvey Anderson Mr s. ~F- i-H.rt Bod ian Leo ** April 27, 1970 MINUTES 1f:l93 Page 3 Correction to the m~yutes. See minutes #194 ~~ Becker requested "with linear parks for the citizens" be deleted from paragraph 1 on page 3. There being no objection from the council, the Chair directed the reading of Minutes #189 of April 13, 1970, be waived, and the minutes, with the corrections, be adopted. No. 190; April 16, 1970 Action: Approved. The Chair directed the reading of Minutes #190 be waived and the minutes be deemed adopted by the general consent of the council. VI. RESOLUTIONS AB 293 THE GENERAL PLAN FOR DOWNTOWN TIBURON Action: Continued to 5/11/70. The Chair requested this matter be continued to the meeting of May 11th. Fanning urged a vote be taken this evening, stating the consensus of the audience the night of the previous hearing seemed to indi- cate the plan was acceptable, and Messrs. Drohan and Bremer had continued it on confidence it was going to be approved. The Chair opened the hearing on the downtown plan. Motion of Fanning to approve the General Plan on the Downtown Tiburon, as submitted by the Planning Commission and approved in principal by the prior council, and to direct the Planning Com- mission to address itself to the boatyard question, as to the necessity of that and the possible elimination of it from the Downtown Plan, died for lack of a second. Motion of Ellinwood, seconded by Sennett, to continue the matter to May 11, carried: AYES: COUNCILMEN: Becker, Ellinwood, Rice, Sennett NOES: COUNCILMEN: Fanning ABSENT: COUNCILMEN: None The Chair directed the matter to be placed as the number one item on the agenda of May 11th. Mrs. Margaret Azevedo expressed alarm about the possibility of eliminating the boatyard or other changes being made in the parks and roads. The Chair stated for the record, if there are any changes in the plan, these will be presented for public considera- tion. AB 334 NO PARKING AREA FROM 394 TO 401 HILARY DRIVE Action: Adopted as Resolution No. 287, with revisions. By AB 334 of April 27, 1970, the City Engineer brought before the council a request for a nno parkingP area on the westerly sids of Hilary Drive between the driveway entrance to 401 Hilary Drive and 394 Hilary Drive, which both he and the police captain had agreed was a safety hazard at present. In response to a request by Mr. K. L. Rice that the end of the red zone be moved 20 feet from the end of his driveway to give room for one parking place, the City Engineer recommended that the second paragraph of Section I. be changed to read: i'The westerly side of Hilary Drive beginning 20 feet southerly of the driveway entrance to No. 4019 thence southerly and ending at the driveway entrance to No. 394.11 Motion of Ellinwood, seconded by Fanning, to adopt Resolution No. 287, changing the title of the resolution to reflect the change made by Mr. Foreaker in the body, carried: April 27, 1970 MINUTES #193 Page 4 AYE S : NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILl1EN: Becker, Ellinwood, Fanning, Rice, Sennett None None VII. MINUTE ORDERS AB 342 APPOINTMENT OF STANDING COMMITTEES Action: Standing Committees appointed. The Chair stated AB 342 of April 27, 1970, does not include appoint- ments to the Association of Bay Area Governments and the City- County Planning Commission, which he wishes to make tonight, along with the appointments to the three standing committees, with the understanding modifications may be made as a result of a study being contemplated in the next month on these committees. The Chair made the following appointments: To the Association of Bay Area Governments, Ellinwood as delegate and Becker as alternate; To the City-County Planning Commission, Ellinwood as delegate, Becker as alternate, and another delegate to be selected from the Planning Commission at the next meeting; To the Public Services Committee, Ellinwood, chairman, and Sennett; To the Lands and Development Committee, Fanning, chairman, and Becker. The Chair requested a general consent of the council for the crea- tion of a special committee on the question of annexation of areas outside the city. There being no objection, the special committee on annexation of areas outside the city was created as a special ad hoc committee, with the appointment of Fanning and Sennett. The Chair requested the Lands and Development Committee file a committee report before May 11th with specific suggestions on the downtown plan. The Chair stated he intends to ask the council to consider two special committees in the future: one, consisting of himself and Ellinwood, to study the matter of the acquisition of new city hall facilities. Fanning suggested the council consider the creation of a standing committee which would consist of council members plus the chair- man of the Planning Commission and the chairman of the Parks and Recreation Commission to discuss long-term policy matters for which the long agendas have prevented council discussion, and these could be public hearings. Rice stated consideration of these committees will be made at the next meeting. AB 343 APPOINTMENT OF BAY AREA AIR POLLUTION CONTROL DISTRICT BOARD MEMBER Action: Appointment pending. AB 343 of April 27, 1970, was introduced by Sennett calling for the Mayor to consult with the City Council on the pending appoint- ment to the District Board of the Bay Area Air Pollution Control District. Ellinwood suggested the candidate recommended by the Mayor of Corte Madera, Byron D. white, may have conflicting interests. April 27, 1970 MINUTES ~f193 Page 5 It was the sense of the council the decision for a candidate will be left up to the Mayor, noting the selection committee will meet on May 11, 1970, at 10:00 a.m. AB 344 MILL VALLEY-STRAWBERRY ANNEXATION PETITION TO LAFC Action: Resolution No. 288, opposing City of Mill Valley's annex- ation petition, adopted. By AB 344 of April 27, 1970, Fanning presented to the council a resolution opposing the annexation application by the City of Mill Velley of certain portions of the Strawberry area, and call- ing for a similar application by the City of Tiburon. Fanning stated the ad hoc committee consisting of himself and Sennett had prepared a detailed report, to be submitted to the council in a few days. It was moved by Fanning, seconded by Rice, to adopt Resolution No. 288. In response to a question by Ellinwood, the City Engineer responded Mill Valley intends to disconnect the annexed area from the Richardson Bay Sanitation District and connect it to the Mill Valley District, and '10uld also use their own fire department, which would cut the tax base supporting the Richardson Bay Sanitary District andthe Alto-Richardson Bay Fire Department. In response to a question by Ellinwood about merely opposing the annexation, the City Engineer responded should Tiburon merely oppose the Mill Valley annexation, the Local Agency Formation Commission will be in the position of considering the Mill Valley application on its merits. Should a competing application be filed, then before LAFC can consider either in detail they must determine which of the two annexations is the most logical and then consider that application on its merits. Mr. David Teather, chairman of the Parks and Recreation Commis- sion, suggested the residents in the area in question may be lvilling to be annexed to clear up confusion of living on the Tiburon Peninsula and having Mill Valley addresses and phone numbers. Mr. John Hoffmire urged the council get as much information as possible on the feelings of the people in the area on the question of being annexed to Tiburon. Mr. Rampton Harvey agreed with Mr. Hoffmire, and stated the final decision rests with the percentage of assessed evaluation that wants to come in versus the assessed valuation that wants to stay out. Fanning stated as soon as the application is filed, they will prepare a petition and if 50 percent of the landolvners in the area to be incorporated l1ere not opposed, then the voters of the City of Tiburon and the unincorporated areas for annexa- tion have a decision at the polls. Ellinwood objected to voting on the resolution before having a chance to.review th~ report prepafed bv thebad hochcommittefie. a1nddba1so it was her be11ef that T1burbn pr~seht y haO iro lems s e telt s ou e Ao1ved before expandt.ng its city 11m1ts. * . ~uesL~on was now cal eo on the motion of Fanning to adopt Resolutlon No. 282, opposing an annexation application by the City of Mill Valley and calling for a similar application by the City of Tiburon, and the motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILHEN: COUNCILMEN: Becker, Fanning, Rice, Sennett Ellint'Jood None April 27, 1970 MINUTES 1/193 Page 6 Correction to the minutes. See Minutes #194 ~,~ AB 322 BETTERMENTS PROJECTS, Revisions, Additions, Refunding Action: Approved with revisions. By AB 322 of April 27, 1970, the Public Services Committee pre- sented to the council the City EngineerVs schedule of projects for priority construction involving revisions and improvements in the surface water drainage systems of the city. The City Engineer stated M 70-18, drain structure for 1800 Vistazo West, showed no price on the current agenda bill, but previous reprints had indicated the cost would be $3,500. It was moved by Ellinwood, seconded by Rice, to accept the recom- mendation of the City Manager and the City Engineer that appears on page 1 of Agenda Bill No. 322, deleting from those recommendations Project M 70-15, Pine Terrace, for an indefinite time; include Project M 70-16, the work at Mira Flores at Tiburon Boulevard; M 70-17, the revision of the curb structure and provision for an erosion or trash rack in front of 1828 Lagoon View; the inclusion of Project M 70-18, the revision of the drain structure in front of 1800 Vistazo Hest, at the estimated cost of $3500; and Project 14 70-19, construction of the,~ros.\.o1.1 rack and some other erosion control near the box ~:t:F/fdl:a"teerct at* Trestle Glen Boulevard at Juno, being the total of $9,000 allocation from gas tax funds for three projects and $3,000 in general funds for one project; with the funding/M 70-18 ~~=~R~=.Q;g=;;=8g~~@~. to be included in the 1970-71 of ** budget.. ** With the approval of Ellinwood, Rice amended the motion to show the corrected total of $5500 allocation from gas tax for this year. Question on the motion, as amended, was called, and the motion carried: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: AB 338 BUDGET INCREASE, HIDENING nrVISO STREET, PROJECT P 70-3 Becker, Ellinwood, Fanning, Rice, Sennett None None Action: Approved with amendments. AB 338 of April 27, 1970, calling for the widening of Diviso Street, Ellinwood stated was actually a proposal to improve the sight line at the turn at the confluence of Diviso Street and Centro East and Centro f~st. by construction of a retaining wall. ** Mr. George Ellman of the Parks and Recreation Commission requested consideration be given to some type of pedestrian right-of-way. The City Engineer suggested it may be possible to stripe a pedestrian line in conjunction with the wall. Ellinwood moved, seconded by Becker, to increase the project amount, with a $6700 limit, and present it out to bid on the basis of having exposed aggregate or some suitable finish, to return to the council with the bids, with some brief explanation of whether striping can be included. The Chair suggested the City Engineer do alternate bids, one being for exposed aggregate. April 27, 1970 HINUTES 11193 Page 7 Correction to the minutes. See Minutes 11194 11]( Question was called and the motion carried: AYES: NOES: ABSENT: COUNC ILivIEN : COUNCILMEN: COUNCILMEN: Becker~ Ellinwood, Fanning, Rice, Sennett None None AB 306 ACCEPTANCE OF PUBLIC RIGHT-OF-HAY; PORTO MARINO DRIVE Action: Continued to 5/11/70. Continued. AB 286 IMPLEMENTATION OF SCHOOL PATH BET~lliEN JEFFERSON DRIVE AND REED RANCH ROAD Action: Continued to 5/11/70. Continued. VIII. ITEM NOT ON THE AGENDA At the request of the Chair, Mr. F. G. Knight of the Parks and Recreation Commission presented to the council a proposal from the Parks and Recreation Commission for a spring festival to be held on May 9th at the Richardson Bay Park. The name for the festival was Pig Island Day as the celebration will be held on a knoll in the park which in the past had been referred to as Pig Island. Ellinwood suggested the date be changed to May 16th to give more time to prepare and put the celebration together. The Chair stated, based on the comments) it seemed to be the con- sensus of opinion that the council endorses the concept as itls been presented, but suggests that it be held a week later and that the name be re-examined. The money, in the amount of $50 to $75, will be made available from the Special Events fund. 1"1 A. REPORTS AB 256 STATUS OF REED SCHOOL PARK PLANNING Action: R~ferred to Lands & Develop- ment Committee for report. The Chair directed the report be submitted to the Lands and Development Committee, with the request that they consider the bill and bring a report to the council. REGISTER OF CLAIMS Action: Approved. Motion of Fanning, seconded by Becker~ to approve Register of Claims No. 69, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILHEN: COUNCILMEN: Beck~r) Ellinwood, Fanning, Rice, Sennett None None x. QUESTIONS Check-Signing Authorization for New Council Members In response to a question by the Chair, the Assistant City Manager stated a resolution will be prepared authorizing the new council members to sign checks for the city. April 27, 1970 MINUTES 1'/193 Page 8 Breakfast Meetings with Chamber of Commerce The Chair presented a letter from Dr. George Sugarman, president of the Chamber of Commerce, to the Mayors and Councilmen of Belvedere and Tiburon inviting them to a no-host breakfast scheduled for May 2, with the thought of having a breakfast meeting the first Saturday of every month at 9:00 a.mo It was the sense of the council this could be done on an informal basis, with two councilmen attending, and the Assistant City Manager was directed to write a letter to this effect, conveying the thought the council endorsed the breakfast idea but recom- mended holding it on a less frequent basis. As far as the council joining the chamber, it was the sense of the council this would not be appropriate as there may be times when there are conflicting interests. Planning Commission Vacancy In regard to Fanning's question about the vacancy on the Planning Commission, the Chair advised he was calling an Executive Session for this purpose at the close of the meeting tonight. Ellinwood suggested the council invite applications and called for press coverage of the vacancy in order to encourage new individuals who may have recently become interested in city government. Special Meeting Sennett questioned the possibility of setting an agendaless meeting within the next four to five weeks for the specific purpose of exchanging views amongst the council members and with the public on the matters of procedural changes and the method of operation of the council and substantive changes or directions for the community at large. Fanning suggested it be held as a structured committee of the council, Parks and Recreation Commis- sion and the Planning Commission, with the thought it be done on a continuing basis on a regularly scheduled date. Sennett sug- gested it might be well to agree to exchange ideas in writing in advance. The Chair stated as there are scheduling problems, he would poll the members for a date in the near future. Biennial Mayors and Councilmen Institute Symposium Ellinwood urged the council members attend the Mayors and Council- men's Institute given by the League of California Cities, to be held May 20 to 21 in the Los Angeles Hilton. ** BCnC Vote on Richardson Bay Plan In response to a question by Ellinwood as to the position Mr. Fanning is planning to take on May 7th on the Bay Conservation and Development Commission vote on the Richardson Bay Plan, Fanning responded the editorial of the Independent Journal did not give an accurate picture of the report of the BCDC, and he is certain the vote is going to be unanimously against the plan. CATV Cable TV Ellinwood stated the County Administrator informed her there is pending legislation to limit the amount a city can collect from a franchise to five percent regardless of the amount of the gross. She has requested a copy of the bill and will request it be placed on the next agenda so the City of Tiburon can take a formal position on it. April 27, 1970 MINUTES #193 Page 9 '1";,1....1 T.T~....--- Tidal Waterways Ordinance Ellinwood stated the basic concept of the Bay Conservation and Development Commission is being applied to inland waterways in Marin County by a tidal waterways ordinance. This ordinance will be voted on tomorrow by the Board of Supervisors, but in the event it is continued, Ellinwood requested it be placed on the agenda for consideration by the council. ** Correction to the minutes. /\j See Minutes #194 y It being now the hour of 12:40 a.m., April 28, 1970, and there being no further business to come before the council, the Chair declared the meeting adjourned sine die. (~ .~ ~/. 'e?6LO '- HRENCE n:- ROSE) City Clerk Approved by the City co~;~on: , 1970. 7 ~' CITY -OF TIBURON April 27) 1970 l'1INUTES 1/:193 Page 10 J .~. ,=-. cITY COUIClL CITY or fl'-OIl i"13. Y 'i.a!' mfleting of the City Council. City of Tiburon. State of 1'?~~ .l.,.,wa~ called ~oorde~ bY, Mayor Denh T. tice at 8: 12 p.m.. ;.,~ I,,>,: t at the Del Mt~r Scboo,"",,, l' ~ -:..:.----- . -,!Q..~ 'Th (~ :;: ' ') . 1. j.. . t ~,.. S ) 1.1. ........- _~~LL ~ ABSE~UT : EX (~~'FICI0: COUNCILMEN: COUNCILMEN: Mayor Rice, JedrAr. Ellinwood. VanniDl. Sennett None Lt..wxence D. 'PM,. Cit, Ma_ser llobert ~. r.leiaftt. Asabtaot City Manager Ri.cbard S. Bres..~. Deputy City Attorne, l4ayIWI E. Mood'1I 'l..iDa Dlreetol' Ray W. For",t: J-r.. CIty _iour Phil V. ScottlDnel~ot lIdainbtrator Louis V. JmaDual. Supednteodent of Public ~k. Rellen It. BechC'~ lILaute Cl.~k PR,Es:;n. : III. ~ - '~'- After re_nding one it. f1:08l the eo.ee.~' Ca~r to the General Calendar. it waa tIlOvecl b1 ..-1n&. ...0.... by ..cker. that the Consent C.lenda~. eonatatina oftbe. ..11~~' tte~ be adopted. . A1\ 346 _ RES01.UTlat COMMIlIDD1G 1lM.':n- grnclALS AB 347 _ aESOL11r'LON MJ'fttOI.tzUlO .... MID ElDC)&SlMG , or amen AMI Qt'BBll ussm-' AS 3S2 - PaEVA1Lll'G VAGB IAtlS .' AB 3S1 _ REMOVAL OF ..mcaw. """'s .. OVDBIAD WIllES llUND11GlOUtlD ,D1STlttct _ DEFf. or .UUAa. DIVILOftIIJ'J .... ~.l Ap~il 1970 _ CITY ENG11lEQ.' SIROJrf t .11 19~1U There being no objection. tile Chail: declarecl the Conaent Calendar adopted by unact'oue eoen..t.. .1 AB 354 PD MASTER PLAN; Bl~l1:A ,SlT_= ECUMENICAL ASSOC.. toll. HOUS-r, ,.'.t.. MAllIN COUlTY HOUSIRG Atr1.1lOl.t... ' susn:rsl.01'tW 'i'!~U ,or" ~suas Act1Aa: .PMtti~ ~.4Ptftg op_n_d and oOAtinu.d to S/JS/1D. The Chair adviaed thi. ....tel: ha. been cGcttillued uotll May 2Sth by general. agreement of t.lle.. AP. ppl.lc.,. ,ant..... ... &.t, aff, to be held at the Del Mar Scbool. Mr.. "1:"''t1: ..11 re....t" the Chair authorize the Planning Director to.pttbe cletaU..tafox-atiOll requested previously on the aila~lt.'.'."J:Oiec. t .in otau that they lilli' adequately be prepared prior t~ the *1 23th ...ttaC. IV. " "DOYAL or JUlUDS No. 191; April 21. 1970 Action: App",,_d. Motion of FanniOl. aecQ1ldedbY aice, to app1:OVe Hinutea No. 191 of April 21. 1970. carried: . AYES: cOUNC1LMEB: Becker. Ellinwood. FanniDl. Rice. Sennett NOES: cOUNCI.L14I1C; RODe ABSENT: COORCIUtlI,; ~oe MDIUTIS '194 Page 1. ':1 ~ ~ I '~ll:. ,11~. :l- '(. ,~ I" ~~, ; <~ , ~ May 11, 1970 "L'. ~;: No. 192; April 22) 1970 Action: Approved. The Chair requested the date of Minutes #192 be changed from April 23 to April 22) 1970. There being no further corrections) the Chai~ directed the reading of Minutes #192 of April 22) 1970) be waived, and that they be adopted. No. 193; April 27, 1970 Action: Approved. Ellinwood requested the following changes to Minutes No. 193 of April 27, 1970: The 5th paragraph on page 3 be changed to read "metes and bounds." At the bottom of page 3, the name be corrected to Mrs. ~ Bodian. On page 6, the following be added to the 8th paragraph under AB 344: H. . . and also it was her belief that Tiburon presently had problems she felt should be solved before expanding its city limits.lt Page 7) paragraph 3, line 11 should read: n.. . near the box culvert. . . H The last sentence in that para- graph should be changed to read: ?'.. . with the funding of M-70-18 to be included in the 1970-71 budget.ll The 4th paragraph on page 7 should read: ". . . to show a corrected total of ~5500 allocation. . .17 Page 7, the following be added to the first paragraph under AB 338: :'. . . by construction of a retaining wall. rr The 7th paragraph on page 9 should be changed to show the dates May 20 to 22. The hour of 12:40 a.m. should be inserted on page 11 as the final adjournment time. The paragraph under "Tidal t'laterways Ordinancel1 be deleted on page 10, and the following inserted: ' "Ellinwood,stated the basic concept of the Bay Cons~rvat~o~ and Development Commission is being a~pl~ed to ~nland waterways in Marin County by a t~dal waterways ordinance. This ordinance will be v~ted on tomorrow by the Board of Supervisors ?ut ~n the event it is continued, Ellinwood requ~sted ~t be.placed on the agenda for consideration by the Counc~l.H AB 293 THE GENERAL PLAN FOR DOWNTOlm TIBURON SUSPENSION OF THE ORDER OF BUSINESS By AB 293 of May 11, 1970, the Planning Director brought before the council the Demonstration Plan for Downtown Tiburon, considera- tion of which had been continued from April 27th. The Planning Director reviewed the principal characteristics and expected results of the plan. Action: Downtown Demonstration Plan adopted as element of Genepal Plan by Resolution No. 289. May 11, 1970 MINUTES 1/194 Page 2 The chairman of the Planning Commission, Mr. Allan Littman, and Commissioner Peter Macgowan urged the council to act affirma- tively at once, as did Mr. David Teather, chairman of the Parks and Recreation Commission, Dr. George Sugarman, president of the Tiburon Peninsula Chamber of Commerce, Mr. Donald Batten, Mr. John Hoffmire and Mr. Rampton Harvey. Mr. Pieter Myers of Belvedere spoke in opposition to the plan, protesting that it favored vehicular traffic at the expense of other amenities. Fanning, as chairman of the Lands and Development Committee, intro- duced Resolution No. 289 adopting the Downtown Plan and read it in its entirety, thereafter moving its adoption, which motion was seconded by Becker. Becker then proposed to introduce on behalf of the committee a further resolution which would cause review of seven specified aspects of the plan once it was adopted: 1. There should be a review of the open space versus land use intensities and that the Parks and Recrea- tion Commission should be included in the planning agency to oversee the implementation and execution of this plan. 2. That the council should expedite the commencement and completion of the transportation element of the general plan for the City of Tiburon. 3. There should be rendered to the City Council a semi-annual report on the status of the plan and the progress in its application. 4. That the council create an ad hoc committee consisting of councilmen, representatives from the Chamber of Commerce and other groups with interest in the Downtown Plan to formulate specific criteria and programs and seek out prospective developers and tenants for the downtown. 5. Study the building mass envelope toward the adoption of a view shed plan. 6. Consider the City Hall site and program for inclusion in the downtown, possibly in the town square. 7. That the boat service repair facilities and boat yards be carefully studied, with a view toward evaluating the developers' plans. Returning to debate of Resolution No. 289, under unanimous consent the fourth paragraph thereof was amended to read: llThis council finds that the text as proposed and approved by the Planning Commission best satisfies the overall goals of various segments of the com- munity at large and that the demonstration plan illustrates a method of achieving these goals and provides a strong basis for continuing study and action in satisfying the interests of the general welfare and well-being of the community.;] Thereafter, the question being called on the main motion to adopt Resolution No. 289, the roll was called and the motion carried: May 11, 1970 MINUTES 1/194 Page 3 AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett None None RECESS A recess was taken at 9:30 p.m., the council reconvening at 9:45 p.m., the roll standing as originally taken. It was moved by Fanning, seconded by Becker, to embody in Resolution No. 290 the seven aspects of the Downtown Demonstra- tion Plan proposed by the Lands and Development Committee for review. Commissioner Macgowan arose to propose that the fourth point, calling for th~ creation of criteria and development commit- tees, was not applicable to the Planning Commission; whereas all other points were applicable to the Commission or its functions. Fanning, on behalf of the committee, recognizing the propriety of the objection, ordered that Item 3 be returned to staff. After further decn~e on questions by Ellinwood about drainage, open space, land use intensities, the road system, and the community center, the question was called on the main motion relative to the contents of Resolution No. 290, and carried: AYES: NOE S : ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett None None The Chair directed that Resolution No. 290 be returned to the council on the 25th of May. v. ORDINANCES AB 339 REZONING: R-3 AND RO-2 TO PD, NORTH BAY PROPERTIES, INC. Action: Opdinance adopted as No. 48 N.S.; effective in thir-ty days. By AB 339 of May 11, 1970, an ordinance entitled ~'AN ORDINANCE OF THE CITY OF TIBURON CHANGING THE ZONING DESIGNATION OF CERTAIN PROPERTY FROM R-3 AND RO-2 TO PD,H having passed first reading on April 27th, came on now for second reading and adoption. \ Motion of Fanning, seconded by Becker, to read the ordinance by title only, carried: AYES: NOES: ABSENT: COUNC IL1"1EN : COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett None None The ordinance having been so read, it was moved by Fanning, seconded by Becker, that the ordinance, numbered 48 N.S., be considered as having passed second reading and is adopted: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett None None AB 327 Action: continued to 5/25/70. AMEND ZONING ORDINANCE TO ALLOW CLUSTERING IN RESIDENTIAL ZONES The no~i~ed public hearing was opened by the Chair and thereafter continuea ~o the meeting of May 25, 1970. May II, 1970 MINUTES #194 Page 4 VI. RESOLUTIONS AB 345 QUITCLAIM DEED FOR ANY RIGHTS HELD BY THE CITY OF TIBURON TO AN EASEMENT IN DEL MlRAMAR Action: Continued. Continued. AB 353 HEARING TO SHOH CAUSE PUBLIC NUISANCE, OLD BUILDING AT 1885 PARADISE DRIVE Action: Matter- tab Zed. Prior to the introduction and reading of AB 353 of May 11, 1970, an order to show cause why summary abatement of a public nuisance at 1885 Paradise Drive should not proceed, the Development Administrator advised the Chair that the nuisance had been abated and the building so boarded up so as no longer to constitute an attractive and dan- gerous nuisance. There being no objection, the Chair thereupon ordered that the matter be tabled. VII. MINUTE ORDERS AB 349 ADJUSTMENT OF F~NCHISE FEE ~SCHEDULES.' ;" .', . Clearview Cable Systems, Inc. By AB 349 of May 11, 1970, the City Manager brought before the council the request of Clearview Cable Systems, Inc., for amendment of their franchise so as to permit elimination of prepayment dis- counts and substitution of a flat $5 per month basic service charge, and elimination of installation fees and present service charges for extra outlets and FM service; and substituting instead a flat rate of $1 per month for each additional TV or FM outlet without installation charge. Action: Dr-aft of or-dinance to amend fees or-der-ed. Mr. Joseph Sheeks, attorney for the petitioner, appeared before the council to speak on behalf of 'the proposed changes, stating further that those subscribers already connected to the system who had paid $10 installation charges for additional outlets would, in effect, be given free service until the value of their $10 instal- lation charge had been exhausted. Moved by Rice, seconded by Fanning, to direct staff to draw up an ordinance which would amend the franchise in the two respects that have been discussed here, relating to the billing, amending the rate structure accordingly, and that the staff should come in sometime within the next month or six weeks with a brief evaluation of just why they think this cable TV company is going to make it here or whether the city has to look into the whole franchise question. The Chair also directed that the staff examine into the matter of the channel service being presently provided as compared to the channel service required in the franchise, thereafter reporting its recommendations back to the City Council. The question was called on the motion, and the motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett None None Hay 11, 1970 MINUTES 1/194 Page 5 ..\B 348 PETITION FOR SUBSIDY: M~rin County Tr~nsit System, Inc. Action: Referred to the P~blia Sepviees Ccmmittee.' . By AB 348 of May 11, 1970, the City Manager brought before the council e p8tition by th~ Marin Cou~ty Transit System, Inc., fora subsidy of $4,000. It uno tl'":.'2 reco:umendat ion of the City Manager that the subsidy re~uested not be granted, but that MCTS, Inc.', be asked to return ~'1ith ~ ful12~ financial statement, together ",ith proposals for clearly defin~d service of primarily local benefit. ' !1r. Reggie Tolbc=t of the M~rin County Transit Systems, Inc., dis- cussed the n~~u~e of thci~ petition and their opetation as a pilot p~.oj ect. In answer to ~ qu~rtio~ by Fanning, the Deputy ~i~y Attorney stated it would b2 c038titu~ion~1 for the city to support operations of the system th::ough ngrGement 0::- contract l-lith the Marin County Transit District, but could not make a grant of public funds to help alleviate a previous operating deficit. ** In ans~~e~ to ~ qU88tion by the Ch~ir, Mr. Tolbert stated they were cot c..aki:1[; fc:: ::. c'1bo:"G7, !Jut a services agreement with the city of ~~buron fo~ the p~st 2nd present services of their company, for a sum of ~~50~ fo~ the three-month period. After appen::",-:.nces b:7 l~-":. :'heophus Barron, Jr., pres ident of the sys tem, ar:.d 1:r. Pr.'.1l r:.,~h:l, technical consultant to the system, the mn.tte:: 'tr7a~ ::2~~~r.::1~d to tI1e 1?ublic Services Committee for further s~udy. /:.3 306 . "'r:Ti;::-~ANC~ 0:;! !?U1-,LIC r.IGHT -OF- . ._~ Y: PORTO MSr-_I~!O j):1IV~ Action: Remanded to Publia ServicesCommittes. ~1 30G of 11~7 11, 1970, recommending deletion of a non-access strip ct t~:~ n.nd of Porto M~rino Drive, acceptance of an offer of dedication of An exte~dcd ~ight-of-w~y in creation of ~ ne~ one~foot, non-~cceso st~ip nt the end of the extende~ right-of-~ay, was intro- duced by the Ch~i=, ~n1o ~eised the question on a further tecommen- " . ::.. - ,'. -.' - . J.:b~ owner of the property be required tt) ~~'3t viith t~12 city [: ca:::1 d~posit, in lieu of improving the road, ''1hi('''~. moneys ";'Jculd be retE~ined to improve the road at such tim(! as the city dAemed it apprcpri2te. The Chair proposed, the property o~ner, Mr. Ku~t ~=e~th, be required to pay only one-half the cost of a full ~~~tion of extension. ^fter further deb~te, at the call of the chairman of the Public Services Committee, the bill was returned to that committee for further study. l.B 236 IMPLRMENTATIO~~ 0:7 SCI{OOL PATH E~7!'JEEN JEPJ'Er..S"':i ;;:lIV~ AN:l P..~.:~j) PANGE R0!\.n Action: Project authoriaed at a eo~t of $4~OOO. AB 2G6 of Hay 11, 1970, providing for the construction of a foot p::th betw2s:l ~~~1P. end of Jefferson Drive and Reed Ranch Road, was l<rousl1!: en b:" the C!1air ~ l'1ho noted that the former Public Services ':o~~itt~e h~d rc~om~ended construction of the pathway without the ,'?,~::>l1-'~ltic CO~1.~rete nu:tf2.ce recommended by the City Engineer in the ~ill. He observed, however, that since the former Public Services Cocmittee submitted its recommendation in Ma-rch, further J~~";."~_CH of the proj ect hRd convinced the committee that the asphaltic i,jay 11, 1970 ~1~NUTES 1/=19l'r Page 6 Correction to the m~utes. See Miftutes 11196 jLr concrete surface would be necessary to the integrity of the path- way, and therefore suggested that the $600 costs of paving be restored to the project. It was moved by Ellinwood, seconded by Sennett, that the paving cost of $600 be restored to the project, raising the total cost to $4,000; that the project be authorized for construction and added to the 1970-71 budget. There being no objections, it was so ordered by the Chair. AB 323 RULES OF PROCEDURE FOR PUBLIC HEARINGS Action: Continued. Continued. VIII. QUESTIONS Resolution No. 291~ Commendation , J Ellinwood questioned whether it would not be more appropriate to place the names of the election officials commended by that reso- lution in alphabet~cal order, and it was so ordered. !1eeting l-lithout Agenda To a question from Sennett as to when the City Council might convene for free discussion of practices and policies, it was proposed by the Chair that the meeting be set for the 2nd of June, and, at the further request of Sennett, that ideas and subjects for dis- cussion be submitted in writing in advance. Hest Peni.nsula Annexation In response to a question from the Chair, the City Manager displayed the proposed boundary map for the West Peninsula annexation petition authorized by Resolution No. 288, the map generally describing the perimeter of an area including Strawberry, Bel Aire, Alto and lands of Deffebach and others, to the Corte Madera town limits. It was further noted by Fanning, chairman of the ~d hoc committee on annexa- tion, that the boundaries were subject to revision before the anticipated h2aring on the petition before the Local Agency Forma- tion Commission on the 11th of June, and would be amended prior to that time so as to constitute either several separate but simul- taneous annexations or reduced boundaries. Ballot Proposition JJA~~ To a question by Ellinwood as to whether the City Council would support County Ballot Proposition A in re low and moderate income housing, it was the unanimous vote of the council, on motion of Ellinwood, seconded by Becker, that the proposition be endorsed. To the further question of Ellinwood as to whether the council would consent to the appointment of Mrs. Jacqueline Parnell as representative of the city to the committee coordinating the efforts of proponents of the mayor, it was the unanimous opinion of the council that the appointment should be made, and there being no objection, the Chair so ordered. Joint Drainage Study Committee Ellinwood questioned if the council would provide some funds to support staff operations of the joint committee from the cities of Belvedere and Tiburon and the Tiburon Peninsula Club seeking a resolution of drainage problems in the downto~m basin. The Chair May 11, 1970 r1INUTES 11194 Page 7 ordered that the question be put on a future agenda, and Fanning asked that minutes of past meetings of the joint committee be provided to members of the City Council. Becker. formerly a dele- gate to the committee from the Tiburon Peninsula Club. asked that he now be appointed as a delegate from the city, following which he would relinquish his former membership, and the Chair so directed. IX. EXECUTIVE SESSION The Chair ordered a recess so that the council might convene in executive session to consider appointments to Commissions, and it was done. At the conclusion of the session, the executive session was adjourned and the Council reconvened in open meeting. x. ADJOURNMENT There being no further business to come before the City Council, and Councilman Fanning having advised the City Council of the sad death of Mr. Gordon Russell, first treasurer of the City of Tiburon, in Switzerland, in February of this year, the Chair ordered the meeting adjourned at the hour of 1:30 a.m., on Tuesday, the 12th day of May, 1970, in memory of the late Mr. Russell, to the 19th day of May, 1970. ~~ o ~ - ~ b _ LAWRENCE D. ROSE, City Clerk Approved by the City Council on: ~ 1970. MAYOR OF THE CITY OF TIBURON Hay 11, 1970 HINUTES 11194 Page 8 j ADDENDUM MINUTES #194, May 11, 1970 THE QUESTION OF CAMBODIA The Chair suspended the regular order of business to receive a letter from Mrs. Nancy W. Sletteland, 1673 Mar West, requesting that the City Council consider and indicate the proper and most effective channel through which persons can make known their response to President Nixon's action in Cambodia. The Chair, recognizing that there might be differing views on the council as to the propriety of a city governing body intruding into the realm of international affairs, gave it as his opinion that the type of subject raised by the letter was not an appro- priate matter for the city council, but proposed that if the council felt otherwise, the subject should be discussed at a later meeting. Councilman Fanning observed it had been the standing policy of past city councils not to involve that body in other than municipal issues. Mrs. Sletteland thereupon appeared before the council to speak in support of her letter. In addition, Mr. Hans Roenau, Mr. John Sheffler, Mrs. Pam Pickett and Mr. Rampton Harvey also spoke to urge the council to consider the matter. Mr. John Hoffmire urged the city council to get on with the business of the city. Councilm~n Becker, Sennett and Ellinwood spoke in favor of a hearing on the matter. The Chair thereupon proposed that a town hall or open forum meeting to hear the public on the question be set for the 19th of May at 8:00 p.m., and it was so ordered. May 11, 1970 MINUTES 1J:194 CITY COUNCIL CITY OF TIBURON I . CALL TO ORDER An adjourned meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Denis T. Rise at 8:20 p.mo, May 19, 1970, at the Del Mar School. II. ROLL CALL PRESENT: ABSENT: EX OFFICIO: COUNCILMEN: COUNC ILMEN : Mayor Rice, Becker, Ellinwood, Sennett Fanning Lawrence D. Rose, City Manager Richard H. Breiner, Deputy City Attorney Hellen K. Hecht, Minute Clerk III. '.~ MILITARY INVOLVEMENT IN CAMBODIA The Chair advised that the regular meeting of the 11th of May 1970 had been adjourned to this time and place so that the council might consider requests heard at the regular meeting that the City indi- cate to people how they might properly express their sentiment in regard to the United States v involvement in Indo-China; or, in the alternative, that the City Council adopt a resolution in opposition to the military involvement of the United States in Indo-China. Students from Redwood High School were permitted by the Mayor to begin the public statements for the evening. Mr. Phil Brockman spoke in opposition to United States' intervention in Vietnam. Mr. James Holmes supported the program of President Nixon for orderly withdrawal. Thereafter, the Chair invited further expres- sion from members of the audience present. Mrs. Margaret Azevedo expressed opposition to American actions in Vietnam, Cambodia and Laos and called for imnlediate withdrawal of troops. Mr. Peter Banning urged the council pass a resolution on this matter. Mr. Donald L. Batten questioned whether it was appropriate for the City Council to act on behalf of the citizens of th~ city in matters of foreign affairs. Mr. Timothy Bowles, Mr. Visscher Boyd, Mro Clarence Bullard and Mr. John Clarke spoke in turn, urging the council to express in various ways public oppo- sition to the war and the urgency of withdbawal from Vietnam. Mr. Doug Dransfield expressed concern for the vitality of the country should it lose support of the majority of the youth and voters, and urged careful consideration of both sides of an issue prior to arrival at a decision. Mr. Richard Jackson spoke in support of Senate Bill 1460 prohibiting the entry of any California citizen in an undeclared war. Mr. Keith Edwards, while deploring the war, supported the president's method of withdrawal. Dr. George Ellman urged the council to approve a resolution opposing the war on the grounds that the national importance of the issue justified such action. Mr. Kirk Pessner questioned the constitu- tionality of an undeclared war. Dr. Frank Evans urged an act of peace. Mrs. Jacqueline Parnell spoke in support of a resolution that the war be ended, as did Miss Cindy Osborn. Mrs. Carolyn Fanning urged that the President be supported in his programs for withdrawal and suggested that regard for this should attend consideration of any resolution. Dr. Dunlop Smith, Mr. Thomas Ferguson and Mr. Gary Smith suggested that the issue must be considered at the local level, and all opposed further involvement in the Vietnam war. lvlay 19, 1970 MINUTES If195 Page 1 RECESS A recess was taken at 9:30 p.m., the council reconvening at 9:40 p.m., the roll standing as originally taken. Mr. Rampton Harvey urged adoption of a resolution supporting Resolution No. 1723. Mr. Richard Stoltze, Mr. Peter Scott and Miss Doris Held then appeared, urging the council to adopt a resolu- tion to end the war and opposing the commitment of United States' troops to undeclared hostilities. Mr. J. M. Fox supported the position of the President in his program of planned withdrawal. Dr. George Sugarman spoke of the war as disastrous. Mr. Rick Holmes and Mr. David Vaughan urged people to join in a strike on the 26th of May to show the President and the country that they supported peace. Mrs. Jan l'lliitescarver rose to question the jurisdiction of the City Council in international matters and urged that they take no stand. Mrs. Maria Vaughan urged complete and orderly withdrawal. Mrs. Charlotte Marshall urged support of the McGovern-Hatfield amendment to cut off funds. Mr. John S. Thornton spoke for immediate and complete withdrawal. Miss Mary Myers urged the council to recognize the interest and energy concentrated in the meeting and to be guided by the popular wish for a resolution in opposition to con- tinued involvement in the Vietnam war. Mr. Peter Macgowan, noting the feelings expressed earlier about the destructivity of the war, urged the council to take appropriate action. Mr. Philip J. Russell, Barbara Meis1in and Mr. Pat Vaughan spoke in opposition to the war, favored adoption of a resolution expressing such opposition and in further support of the McGovern-Hatfield amendment. Mr. Bill Von Lackum, Mrs. Adina Robinson and Mr. Hans Roenau urged the council to adopt a resolution requesting the President to withdraw troops from Cambodia, Vietnam and Laos. The Chair at this time introduced a resume of letters in opposition to the war received from Mr. Gordon P. Robinson, Mr. George Berticovich, Mr. Gordon Strawbridge, Mrs. Nancy Slette1and and Patricia Harvey; Mr. Henry Whitescarver requested the, council not co~sider a re~olution on a matter otitside the sphere of city responSibility. Ellinwood moved that the council adopt a resolution taking a posi- tion reflecting the opinions expressed tonight, as well as their own opinions as individuals. Motion died for lack of a second. It was moved by Sennett, seconded by Becker, a formal resolution forwarding a record of this meeting to the elected representatives in the Legislatures of California, the Congress of the United States and the President of the United States and reflecting the concerns of this community in the continuing large-scale military involve- ment in Southeast Asia be drafted by a committee of this council and presented to the council at large at its next regular meeting. With the consent of Sennett, Becker, proposed the motion include that the resolution not only be directed against the situation in Southeast Asia, but be directed to the question of making available to students, especially college and university students, formal means where they can participate intensively in the electoral process. Mr. Doug Dransfield questioned whether the council is qualified to act for the residents of Tiburon when only 200 out of the 6,090 residents were present. The Chair ruled the question out of order as it doesn't relate to the pending motion. May 19, 1970 MINUTES 11195 Page 2 Question was called on the motion, and the motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILl1EN: Becker, Ellinwood, Rice, Sennett None Fanning The Chair appointed a committee of himself and Councilman Becker to draft the resolution, to be presented at the May 25th meeting. Mr. Murray Fox expressed the belief that the council, by passing a resolution, would be acting as individual members and not as a representation of the citizens of Tiburon. Mr. Brian Gaddy requested each member of the council present their views on the issue. In response to a question by the Mayor as to whether or not the council can legally take a position on the Vietnam topic, the Deputy City Attorney responded it is legal and appropriate for the council to take such an action, and cited Farley vs. Healer wherein the California Supreme Court upheld the legality 0 city councils to take a stand on national policy. At the invitation of the Chair, Councilmen Ellinwood, Sennett and Becker spoke generally in support of a resolution to be drawn so as to constitute an expression opposed to U.S. involvement in Southeast Asia. The Chair stated that while he, personally, favored such a position, he wasn't so certain that the council possessed the right to speak for all citizens of Tiburon in the matters of foreign affairs. Mr. Visscher Boyd, Mr. Al Barsamonte, Mrs. Iris Suhl further engaged the council to proceed with the adoption of a resolution. Mr. Keith Edwards suggested that the issue be put to a vote of the people of the town, and Miss Christian Clements proposed that the council go only so far as to advise the proper offices of the National Government that a large number of residents had met and expressed opposition to the war. Though urged by various members of the audience to take immediate action, the council declined on the basis that it would be impossible to prepare a rational and precise resolution at this time without careful reflection. IV. ADJOURNMENT It being now the hour of 11:30 p.m., May 19; 1970, the Chair declared the meeting adjourned sine die, to be held at the Del Mar School. ~ /;?a0 m. N D. ROS., 1~erk Approved by the City Council on: ,/ May 19, 1970 MINUTES 1/195 Page 3 CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Denis T. Rice at 8:05 p.m., May 25, 1970, at the Del Mar School. II. ROLL CALL PRESENT: COUNCILMEN: AB~NT: EX OFFICIO: Mayor Rice, Becker, Ellinwood (8:12 p.m.), Sennett Fanning Lawrence D. Rose, City Manager Robert L. Kleinert, Assistant City Manager Robert I. Conn, City Attorney Wayne E. Moody, Planning Director Ray W. Foreaker, Jr., City Engineer Phil V. Scott, Development Administrator Louis F. Brunini, Superintendent of Public Services Hellen K. Hecht, Minute Clerk III. APPROVAL OF MINUTES No. 194; May 11, 1970 Action: Approved. It was moved by Sennett to approve Minutes #194 of May 11, 1970. Ellinwood requested the following be added to the 3rd paragraph on page 6: 'I... but could not make a grant of public funds to help alleviate a previous operating deficit.H There being no further corrections, the Chair directed the reading of Minutes #194 of May 11, 1970, be waived, and that they be adopted. IV. CONSENT CALENDAR After remanding certain items from the consent calendar to the general calendar, it was moved by Ellinwood that the Consent Calendar, con- sisting of the following items, be adopted: AB 356 - AUTHORIZATION TO CONTRACT FOR ANNUAL AUDIT, FISCAL YEAR 1969-70 AB 355 - APPROPRIATION FOR JEFFERSON-REED RANCH ROAD PATHWAY - DEPARTMENT OF PUBLIC WORKS REPORT, April 1970 - CASH FLOW STATEMENT, April 1970 There being no objection, the Chair declared the Consent Calendar adopted by unanimous consent. PETITION FOR WITHDRAWAL FROM MILITARY INVOLVEMENT SUSPENSION OF THE ORDER OF BUSINESS Action: Resolution No. 294 adopted The Chair read a report of an ad hoc committee composed of the Chair and Becker reviewing the proceedings at the meeting of the City Council on May 19, 1970, at which the City Council was petitioned to adopt a resolution opposing United States military involvement in Southeast Asia. The report further noted that the action of the council at that time had directed the committee to bring in a resolu- tion forwarding a record of the meeting to the elected representa- tives in the Legislatures of California, the Congress of the United States, and the President'of the United States reflecting the con- cerns of the community in continuing large-scale involvement. MINUTES #196 May 25, 1970 Page 1 The Chair thereupon introduced and read Resolution No. 294, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON EXPRESSING CONCERN OVER MILITARY INVOLVEHENT IN SOUTHEAST ASIA, URGING ORDERLY WITHDRAWAL OF MILITARY FORCES FROM THAT THEATER, AND ASKING FOR AN EXPLORATION OF MEANS TO PE[(MIT GREATER PARTICIPATION BY THE YOUNG IN POLITICAL PROCESSES, and placed on the table the motion of Rice, seconded by Becke~, to adopt the resolution. A Mr. H. Hall arose to object to the City Council enacting the reso- lution. Councilman Ellinwood asked that it be spread on the record that this was the first cC~D~ion upon which she had read the resolu- tion and she found it inadequate to support the views expressed to the council on the 19th of Hay. The Chair responded that it was a stronger resolution than a draft she had presented him for considera- t ion. , Question being called, the motion to adopt the resolution carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILI1EN: Decker, Ellinwood, Rice, Sennett Hone 'r:' . 14ann1.ng v . ~R~I~AN~~ AB 354 PD MASTER PLAN: HILARITA SITE Ecumenical Assln for Housing, Marin County Housing Authority By AB 354 of May 25, 1970~ the Planning Director brought before the council the PD Master Plan for the Hilarita site as proposed by the Ecumenical Association for Housing. The Planning Director detailed the plans, which the Planning Com~ission approved on April 6, 1970. He presented n petition from 48 residents and letters from citizens who opposed the density. Action: Matter continued to r -- May 283 1970. The Chair declared the public hearing open. Mr. Ned Weed, co-chairman of the Ecumenical Association for Housing, gave the history of the involvement of the Ecumenical Association. He read a letter from Mrs. Ozelle Gibson, a Hi1arita resident, addressed to the City Council, asking that 112 units of moderate income housing be built. Mr. Benton Bostick spoke on the matter of zoning and the projected plans for Tiburon, and asked that the density requested for the Hilarita site should not be refused on the basis of these plans. Referring to opposition to the p~oject, Mr. Bostick stated no private developer had to prove economic justification. Ena ** Mrs. BaBs Cooper, a IIilarita resident, expressed her delight in being able to live in Hilarita and asked that the council approve the pro- posed application. Mr. Ellis Kaplan of Kaplan nnd McLaughlin, architects for the Ecumenical Association for Housing, presented their plans for the area. Mr. E. Morton Schaffran, housing consultant for the Associa- tion, presented the economic feasibility study figures and furnished figures comparing costs for constructing 50, 75, 100 and 112 units, which reflected the economic necessity for 112 units. Mr. Philip Ehrlich of the Marin Housing Authority gave the history of how the Housing Authority determined the fair market value of the Hilarita land, explaining the land had been appraised in 1968 at $17,000 per acre, and they are selling it to the Housing Association for approxi- mately $7,000 an acre, which represents the subsidy the Public Housing Authority is giving to the Ecumenical Association. Mrs. Margaret Azevedo, speaking for the Citizens Committee for Hilarita, asked that the economic justifications not be considered, but that the council approve the application as a high priority commu- nity goal. MINUTES 11196 May 25, 1970 Page 2 ** Correction to the minutes. See minutes 1119 8 _~t -;:-.:y V;~~t;1-r~~' ~,"~'rT-~~~'~' Mr. Clancy Becker May 25, 1970 Page Two ~h. examined part of the hillside did not show any aigne of .tability failure. or slid.. having occurred in the recent geological paat. '1'he plana of the hou..,prepared by Fisher, F'riedJaan and A..ociate., Architect. aDd Planning Con8ultant., were briefly examined. The drawing. include a foundation plan, showing drilled-in pier. and reinforced concrete foundation beam., prepared by Prost and M4I9l1o, Civil Engineer.. On the ..sump- tion that the foundations were de.igned to suit the condition. ", encountered at the lot, the revi., of the foundation plan ha. bean considered outside the acope of this exmaination. Tu. ,""On~l.uraivn of thi. --..-ination i. that the lot i. suited for the p&'oPO.ed re.idMt:la1 construction and'DOt .object to stability failure. when the following precautionary ...sur.. lire conaidered. 1. No excavation and/or filling shall'be done on the 'lot without a careful .011 mechanic analyei. of the effect of .uch work. (It is understOOd that the propoaed re.idenc. construction odo.. not require any fJZ'ad1Dq work~) 2. A drainage .yat.. aball be developed for all, the propo.ed blprOY8lMJ1t., 80 that no runoff from any aource ahall be di8charged 1n an UDcontroll~ manner. It i. iaportant on this lot that all drainage ".ter 1. collectecl and piped down the elope to . ..fe poiat of di.charge. Roof gutters &bouleS he In.talled all around the hou.. and the dGfD .pout. eolUlect:ed 'to the developed drain ayat... 3. The foundation pier. ahall be installed in accordance w1th the plus prepared by the Civil EhtJineer and b. subject to hi. approval. In ."'....ary. it i. the re.ult of this examination that the lot i. .table in ita Datural .tate, but bee.a.e of it. .teepne.8 aDd the qualtt7 of the UIldedyiDg' 8OU., the lot ..y be .ubject to 8tability failur.. cau.ect by the san-made iaprovements unl... th... blpro~t. are c.u~1ou.ly .e.igned and constructed. Very truly your., MIA . STRAR:DGAAIm -leI. we Mr. Herbert Wenig stated many people in Rolling Hills bought their homes on the expectation Hi1arita was temporary war housing which would be replaced by single family dwellings. He supported moderate or low income housing but questioned putting such a high density in one area. RECESS A recess was taken at 9:50 p.m., the council reconvening at 10:00 p.m., the roll standing as originally taken. The Chair proposed sending the facts being presented this evening to the Lands and Development Committee for study. Mrs. Barbara Macgowan, a neighbor of Hilarita, supported the pro- posed development. Mr. Visscher Boyd, an architect and a specialist in building costs, urged the project be approved in order that build- ing could begin while the cost index for building was down. Mr. Robert Hayes recommenced interspersing the 536 people planned for Hilarita throughout the community instead of putting them in one area. Mrs. Gloria Cook objected to Tiburon's being a white, upper- class ghetto and urged approval of the plan. Mr. Allan Littman spoke against the density proposed for the area. He objected to the Housing Association's statement that the economics should not be considered, and felt the figures submitted do not justify 112 units on the site. He felt the area proposed to be dedicated to the city for park land was impractical because of its topography. Mr. Clarence Bullard spoke in favor of the application, and stated the proposed park area was useable. Mrs. Eleanor Martini, represent- ing the League of Women Voters of Southern Marin, urged the appli- cation be approved. Mr. Douglas Ferguson, president of the Marin Ecumenical Association for Housing, advised the plan in 1968 for 50 units was not feasible either at that time or at present. Mrs. Jacqueline Parnell stated low density does not bring high quality. She stated local people who care about the area wi!l beswo~~iog on ** the plan, and urged the council adopt it. Mrs. Gw~~~B.Riijiiar;ra resident of Rolling Hills, stated she had signed the petition oppos- ing the proposal, but on the basis of the information she had heard tonight, she was withdrawing her opposition to the density and now supported the application. Mr. Richard Park urged the council pass first reading of the ordinance. The Chair elicited unanimous consent from the council to read the ordinance by title only, and dispensed with fUrther reading. It was moved by Ellinwood, seconded by Rice, that the ordinance be considered as having passed first reading, subject to any modifica- tions in the ordinance. Ellinwood proposed further amendments to the ordinance but no motion was forthcoming. Sennett and Becker supported the Chair's recommendation another meeting be set on the matter for further discussion to give the public a full opportunity to examine the figures presented. Ellinwood withdrew her motion to pass first reading, and the Chair withdrew his second. The Chair continued the matter to Thursday, May 28th, at 8:00 p.m., in the City Council Chambers, for a special work session of the City Council sitting as a committee of the whole. MINUTES 1/196 May 25, 1970 Page 3 ** Correction to the minutes. See Minutes #200Jif)( SUSPENSION OF THE ORDER OF BUSINESS The Chair suspended the regular order of business in order to intro- duce an item not on the agenda. APPOINTMENT TO THE PLANNING COMMISSION The Chair nominated Mr. Alvin R. Kuhn to succeed Councilman Albert Sennett to a term on the Planning Commission, expiring June 24, 1973. The nomination was confirmed by unanimous consent. V. ORDINANCES (Continued) AB 313 REPORTS OF RESIDENTIAL BUILDING RECORDS IN RESIDENTIAL PROPERTY SALES Action: Fipst reading; comes on fo~ adoption June 8, 1970. By AB 313 of May 25, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON, ADDING CHAPTER 13A TO TITLE IV OF THE TIBURON CITY CODE, RELATING TO THE REPORTS OF RESIDENTIAL BUILDING RECORDS, requiring before an agreement of sale or exchange of any residential building is made, the owner shall obtain a report from the city showing the regularly authorized use, occupancy and zoning classi- fication of the property, together with outstanding permits and other conditions attached to the property, came on for introduction and first reading. In answer to a question by Sennett as to the means for distributing this ordinance, the City Manager replied he intended to distribute it to the real estate companies and through the Realty Board to the realtors. Motion of Sennett, seconded by Becker, to read the ordinance by title only, carried: AYES: NOES: ABSENT: COUNCIL1\fEN: COUNCILMEN: COUNCILMAN: Becker, Ellinwood, Rice, Sennett None Fanning The ordinance having been so read, it was moved by Sennett, seconded by Becker, that the ordinance be deemed as having passed first reading. Question was called on the motion, and the motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNC ILMEN : Becker, Rice, Sennett Ellinwood Fanning AB 349 ADJUSTMENT OF FRANCHISE FEE SCHEDULES C1earview Cable Systems, Inc. Action: First reading; comes on for adoption June 8, 1970. By AB 349 of May 25, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO. 12 N.S. BY MODIFYING CERTAIN RATES AND CHARGES PROVIDED FOR IN THE CATV FRANCHISE TO CLEARVIEW CABLE SYSTEMS, INC., came on for introduction and first reading. The City Attorney advised the dates in the first two paragraphs of the ordinance on page 3 should be changed from June 25, 1970, to July 8, 1970. In answer to a question about the changes made from the previous ordinance, the City Manager responded the proposed ordinance was basically a recitation of the code as it now exists, and the two changes made were to delete the language requiring the amount of the deposit on page 1; and on page 2, Section B.l.b. listed a service charge. MINUTts If196 May 25, 1970 Page 4 Motion of Sennett~ seconded by Ellinwood, to read the ordinance by title only, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Rice, Sennett None Fanning The ordinance having been so read, motion of Becker, seconded by Ellinwood, that the ordinance be deemed as having passed first reading, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Rice, Sennett None Fanning AB 327 AMEND ZONING ORDINANCE TO ALLOW CLUSTERING IN RESIDENTIAL ZONES Action: Returned to staff without reading. By AB 327 of May 25, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ESTABLISHING A JlC:' CLUSTER ZONING DISTRICT, came on for introduction and first reading. The Chair declared the public hearing open. The Planning Director stated the council had sent this ordinance back to the Planning Commission for further review, particularly in regard to attached units, and the Planning Director explained the changes made. In response to a question by Sennett about the legalities of putting conditions on rezoning, the City Attorney responded the condition referred to by the Planning Director, of requiring the developer to present a master plan at the time he applies for rezoning, would be legal. Sennett suggested consideration be given to the requirement any person applying for rezoning must first have master plan approval. He further suggested consideration be given to eliminating rezoning that may never come to pass. The City Attorney suggested this ordi- nance be reviewed to tie it in better with the PD, especially in regard to the master plan. The Chair directed the matter referred to the City Attorney and the Planning Director. AB 360 REZONING, RO-l TO RP: MOUNT TIBURON Irving Moulin The noticed public hearing was opened by the Chair and thereafter continued. Action: Continued. VI. RESOLUTIONS AB 319 NO PARKING AREA ON THE NORTHERLY SIDE OF HILARY DRIVE Action: ResoZution No. 295 adopted. By AB 319 of May 25, 1970, the City Engineer brought before the council a resolution to create a no parking area approximately 120 feet in length beginning at the driveway located at No. 653 Hilary Drive and thence easterly. The City Engineer advised that no objection had been heard or filed to the notice of intent to create the zone. MINUTES If196 May 25, 1970 Page 5 Motion of Ellinwood, seconded by Sennett, to adopt Resolution No. 295, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Rice, Sennett None Fanning AB 357 PD PRECISE PLAN, OFFICE BLDG. AT 88 MAIN ST. Frederick G. Zelinsky The noticed public hearing was opened by the Chair and thereafter continued. Action: Continued. AB 361 HEARING TO SHOW CAUSE - File 70204 - PUBLIC NUISANCE - GREEN CREW SHED AT 1890 PARADISE MI~ Action: Continued fo~ thi~ty days to June 22, 1970. Upon being advised by the City Manager of the receipt of a letter from the railroad acknowledging ownership and advising that the building will be removed within 30 days, the Chair directed this matter continued to the meeting of June 22nd. AB 358 RESOLUTION RE: CONTINUING PLANNING REQUIREMENTS TOWARD THE IMPLEMENTATION AND EXECUTION OF THE GENERAL PLAN FOR DOWNTOHN Action: Resolution No. 290 adopted. By AB 358 of May 25, 1970, the Lands and Development Committee brought before the council a resolution of the city recommending continuing actions toward the implementation and execution of the general plan for downtown Tiburon, which had been sent to the Lands and Development Committee for drafting at the May 11th council meeting. At the suggestion of Sennett, the 9th line of Paragraph A of the Resolution was changed as follows: ~'. . ..shall be made at joint meetings by the two bodies. . .:l -- Motion of Becker, seconded by Sennett, to adopt Resolution No. 290, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Rice, Sennett None Fanning AB 345 QUITCLAIM DEED FOR ANY RIGHTS HELD BY THE CITY OF TIBURON TO AN EASEMENT IN DEL MIRAMAR Action: Continued. Continued. VII. MINUTE ORDERS AB 308 RUBBISH COLLECTION: EXPERIMENTAL PROGRAM Action: Continued. Continued. AB 323 RULES OF PROCEDURE FOR PUBLIC HEARINGS Continued. Action: Continued. l1INUTES 1/196 May 25, 1970 Page 6 VIII. REPORTS Register of Claims Action: Approved. Motion of Ellinwood, seconded by Sennett, to approve Register of Claims No. 70, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker~ Ellinwood, Rice, Sennett None Fanning IX. QUESTIONS Letter to Gordon Strawbridge Ellinwood requested a communication be sent to former Mayor Gordon Strawbridge who is recovering from a~ operation, conveying the wishes of the City Council for a rapId recovery. Length of Agendas Sennett questioned the lengthy agendas and suggested the council meet once a week in order to adjourn by 10:30 or 11:00 p.m. The Chair stated he was planning to meet with the staff to go over the agendas prior to council meetings. Agenda1ess Meeting The date of June 3rd was set for the agenda1ess meeting. Joint Meeting Between City Council and Planning Commission Becker questioned the possibility of holding a joint meeting with the Planning Commission to coordinate work schedules and inform the council of their activities. The Chair suggested this be taken up at the agendaless meeting. x. ADJOURNMENT It being now the hour of 12:45 a.m., May 26, 1970, and there being no further business to come before the council, the Chair declared the meeting adjourned sine die. ., I~ ~~~ 1 1. , 1::ity Clerk Approved by the City Council on: , 1970. MAY~E CIT~ ~FTIBURON June 22 MINUTES 1f196 May 25, 1970 Page 7 J CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER Notice of special meeting having been duly issued, t~e meeting of the City of Tiburon, State of California, was called to order by Mayor Denis T. Rice at 8:15 p.m., June 3, 1970, in the City Hall Council Chambers. I I. ROLL CALL PRESENT: COUNCILMEN: Mayor Rice, Becker, Ellinwood (8:37 p.m.), Fanning, Sennett ABSENT: COUNCILMEN: None EX OFFICIO: Lawrence D. Rose, City Manager Robert L. Kleinert, Assistant City Manager Wayne E. Moody, Planning Director Hellen K. Hecht, Minute Clerk III. COMMITTEE OF THE WHOLE The Chair recessed the City Council thereafter to stand convened as a Committee of the Whole. Sennett gave the following suggestions for consideration in the matter of administrative procedures: 1. As a procedure of policy, when a resolution is directed to the City Council from either the Parks and Recreation Commission or the Planning Commission, a commissioner from the respective commission will be assigned to sit with the standing committee considering the matter. The decision on the matter will be made by the council and the commis- sioner will not have a legal vote. To invite and encourage broader participation by all com- missions, all suspension calendars 9f the Planning Com- mission, Parks and Recreation Commission and the City Council be regularly published and circulated, and any item of interest to either the Planning Commission or Parks and Recreation Commission be assigned for a joint study. The Chair asked the record to show the presence of all the council at this point, and with the general consent of the council, they now stood convened as a committee of the whole. ;. ....~ 2. It was the sense of the councilmen that instead of publishing a sus- pension calendar, an agenda bills status board be set up in the council chambers and kept up to date for examination by all councilmen and commissioners. Continuing, Sennett suggested: 3. The Planning Director undertake a city-wide survey of all lands presently unsubdivided, with a view to determining which of these properties would best be suited for planned or clustered development, open space, etc., using the advice of citizens groups composed of architects, engineers, planners and realtors, as well as the owners of the property involved. The results should be returned to the City Council for possible rezoning action in certain areas. Hinutes 11197 June 3, 1970 Page 1 Becker offered as a primary concern (1) the effectiveness of local government in the role of the council as a decision-making body at a policy level; (2) the role of the staff in terms of execution of that policy; and (3) consideration of the aspects and proposals con- cerning information getting fed back and disseminated by committees, commissions and staff. He listed the following points for considera- tion: Whether or not the existing system of council standing committees is in the best public interest. He felt each member of the council should give equal attention to each facet of decision-making and government, with the committee being made to work within guidelines he is suggesting. He felt the council has become involved in staff and adminis- trative matters, and recommended separation between council and staff. He recommended breakfast meetings with the staff to go over problems, and suggested the public be invited. If committees met in open session, with the public invited, Becker indicated he would withdraw his objection to committees. Rice spoke for committees, suggesting the draft data be given to the council, the presentation made, and then the matter referred to com- mittee. Ellinwood suggested the first 15 minutes of every meeting be set aside for communications from the public; that the council meet the first, second and fourth Mondays, with the fourth being a town-hall type meeting. After further discussion, Sennett suggested the council be given the opportunity to discuss an item and the decision be made by the council whether it can act affirmatively. If it cannot, then the matter should be referred either to the staff or, if it is a political matter, to a standing or an ad hoc committee. The committee should be encouraged to meet in a public place; and if the matter has come from any commission, a commissioner should be present. Rice agreed with Sennett, but suggested the councilmen who form the committee decide whether or not the individual matter should be open to the public. To a question by the City Manager about continuing the current prac- tice of sending matters from the Commissions directly to the council without staff comment, Rice responded this should be continued, but it should be noted what the commission did and what commissioner will be the liaison man. Mrs. Polly Smith suggested more information be included when the Parks and Recreation Commission sends a matter to council so they could act on it from the original presentation. Becker made the following suggestions: 1. Breakfast meetings be held on a monthly or semi-monthly basis, attended by council and staff, and further inviting the Belvedere City Council and the Chamber of Commerce. 2. An ad hoc committee composed of representatives from the Planning Commission, the Parks and Recreation Commission and the public, meet to discuss ways to preserve the open space concept, and report back to the council. 3. Special investigation by an ad hoc committee of planning for youth. Minutes 11197 June 3, 1970 Page 2 4. Town meetings at which local issues would be discussed and expressions of policy-making, to be held on a quarterly basis at three appropriate locations through- out the community. 5. Joint meetings with staff and commissions on a regular basis. 6. The council should submit quarterly reports for publish- ing for the public that should contain a short discus- sion of relative progress made over the last quarter and emerging issues for the next quarter, and also should contain voting and attendance records. 7. Bulletin boards should be placed in pertinent places throughout the community for posting notices of hearings and meetings. In regard to the open space proposal, Rice directed Councilmen Becker and Sennett meet with the Planning Director for the purpose of preparing a proposal of what kind of committee would be best. Fanning suggested the new committee consist of a committee as a whole of the council, the chairman of the Planning Commission and the chairman of the Parks and Recreation Commission, and that the chairmanship of this meeting rotate on a meeting-to-meeting basis. The public would be invited to this meeting, which could be held on a quarterly basis. Fanning recommended a group of citizens be asked to serve as an advisory council on special matters. This would be a way of getting greater public participation and also would bring expert advice to the council on different matters. Sennett recommended this group be organized in response to a specific problem, and asked that the public be notified they were interested in re-evaluating the use of open land in this community and need expert help, and suggested the Planning Director be in charge of the committee. The Chair appointed an ad hoc committee consisting of Councilmen Becker and Sennett to work with the staff so that appropriate resolutions can be prepared, to be presented at the next special meeting, proposed for July 3rd. Ellinwood offered the following suggestions: 1. An in-depth assessment be made of all aspects of city government, with a view to re-establishing community enthusiasm and involvement. 2. The role of the three bodies be defined in relationship to staff, to the public, and to each other. 3. An examination be made of administrative procedures by someone totally uninvolved, which would include staff evaluation, the inter-relationship of the staff, and the development of esprit de corps. 4. A delineation of the functions of the City Council. S. An annual town congress completely removed from the city government be held, strictly city generated, managed and operated, and that these congresses would point up the objectives of the community and present them to the council. 6. The register of claims should list the purpose of each warrant and this should be available the night they are approved. Minutes 11197 June 3, 1970 Page 3 7. Ellinwood referred to suggestions made in her memo relative to the role of the Chair, city policy in regard to conflict of interest of all commissions, city policy relative to the acceptance of gifts. 8. Priorities be established in light of an over-all five-year plan of objectives. 9. An entire meeting be devoted to the discussion of police services in the city. 10. The Board of Adjustments and Design Review Board be restructured. 11. The council meet three times a month. 12. The City Engineer's role relative to the council be reviewed. 13. Hearings on budgets in the future follow departmental presentations other cities use; namely, discussing one budget an evening for the policy, the Parks and Recrea- tion, etc., and that these meetings be public. 14. The City Attorney be contacted at an earlier time rather than at a public meeting. 15. A youth commission be established. 16. Appointments to commissions should be publicly noticed and interested persons interviewed. 17. The Parks and Recreation Commission be created by ordinance. The Chair stated they will convene as a committee of the whole on July 3rd to hear recommendations made by the ad hoc committee and consider any resolutions they may present. Mr. Pieter Myers invited the council's attention to TPAC's Earth Night and the fact that the City of Belvedere had appointed a committee to consider the matter of ecology. The Chair stated the City Manager had written a memo on this subject, and suggested a committee of interested citizens, plus councilmen from both cities, might be formed on this matter. IV. ADJOURNMENT It being now the hour of 10:55 p.m., June 3,1970, and there being no further business to come before the council, the Chair declared the meeting adjourned sine die. ~ . /__~ .n n. ~, ~ty Clerk Approved by the City , 1970. Hinutes /1197 June 3, 1970 Page 4 j CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council~ City of Tiburon, State of California, was called to order by Mayor Denis T. Rice at 8:07 p.m., June 8, 1970, in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Mayor Rice, Becker (8:12 p.m.), Ellinwood, Fanning, Sennett ABSENT: COUNCILMEN: Non~ EX OFFICIO: Lawrence D. Rose, City Manager Robert L. Kleinert, Assistant City Manager Richard H. Breiner, Deputy City Attorney Wayne E. Moody, Planning Director Ray W. Foreaker, Jr., City Engineer Phil V. Scott, Development Administrator Louis F. Brunini, Superintendent of Public Services Hellen K. Hecht, Minute Clerk III. APPROVAL OF MINUTES No. 195; May 19, 1970 Action: There being no objection from the council, the Chair directed the reading of Minute~ No. 195 of May 19, 1970, be waived, and that they be adopted. No. 196; May 25, 1970 Action: Ellinwood requested page 2 of Minutes No. 196 of May 25, 1970, be changed to show Mrs. Ena Cooper. The Chair noted the minutes of the council ~eetings are not a record of what was said, but a record of what was done; and the Chair is mainly interested in corrections to a motion or an amendment to a motion or to any action taken. Correction of Minutes No. 196 was continued. IV. CONSENT CALENDAR It was moved by Fanning, seconded by Ellinwood, that the Consent Calendar, consisting of the following items, be adopted: AB 345 - QUITCLAIM DEED FOR ANY RIGHTS HELD BY THE CITY OF TIBURON TO AN EASEMENT IN DEL MlRAMAR AB 362 - SETTING HEARING DATES - Department of Urban Development Report, May 1970 - City Engineer's Report, May 1970 Ellinwood requested the record show that with regard to Item 7, AB 345 - QUITCLAIM DEED FOR ANY RIGHTS HELD BY THE CITY OF TIBURON TO AN EASEMENT IN DEL MlRAMAR, that the City Engineer, having made a care- ful investigation on the site, has determined that in his judgment the abandonment of the easement does not in any way damage or impede the ability of the owner of the lot in question to procure public utility services; i.e., gas, electricity, etc.; nor will abandonment effectively impair development of the as yet unsubdivided acreage above the affected property. In regard to Item 9, AB 362 - SETTING HEARING DATES, the Chair requested the Planning Director review the dates with him. ' Minutes 11198 June 8, 1970 Page 1 There being no~pbjection, the Chair declared the Consent Calendar adopted by unanimous consent. v. ORDINANCES AB 354 PD l-fASTER PLAN: HILARITA SITE, ECUMENICAL ASS'N FOR HOUSING, MARIN COUNTY HOUSING AUTHORITY Action: By AB 354 of June 0, 1970, ~n ordinance entitled AN ORDIl~NCE OF THE CITY OF TIBURON ADOPTING A M\STER PLAN FOR PROPERTY COMMONLY KNO~m AS HlLARITA, having been continued from May 25th for a special work session of the City Council held on May 25th, came on again for first reading. The Chair declared this a continued public hearing. The Chair stated f04 th8 record since the time of the last meeting letters have been received from Councilman Drohan expressing concern over the increased den1ity,..~nJ from the Tiburon Ridge Association with a resolution re-endorBing t~~ general plan and urging the council to continue wo~kinG ~~ith the Housing Authority to secure development of the Hilarita area for moderate income housing. The Chair also read a letter from Mr. Philip Ehrlich, chairman of the Housing Authority, dated June 5, 1970, relating to the Hilarita project and the proposed m~ster plan, with a provision for a possible reduction in the sale price of the land to the Tiburon Ecumenical Association. In response to a question by the Chair, the Planning Director responded the ordinance had been redrafted as suggested by the City Attorney's office, to cite the findings that are required in the PD ordinance, and also to eliminate the condition of tying the project to the Ecumenical Association. After reading of the title of the ordinance, the Chair ordered further reading suspended by uncnimous consent. It was moved by Ellinwood, s~conded by Sennett, to consider the ordinance as having passed first reading. It 'tlJas moved by Sr;1"'--,':....'.::: ,~0;;'~ of the ordinance as foll~ws: ., :.,,' F~r!:ling,' to.~ amend.'Section 3. (d) . , "(d) Dsvelopment on the 4.8 acre parcel shall not be commenced until conctruction has begun on the property devoted to moderate income units. A maximum of 9 clustered single fam~ residences shall be allowed on the 4.8 acre-parcel -and these shall be located on the lower half of said parcel and their design shall be similar in character, scale and materials to the moderate income housing. Mr. Allan Littman suggested the zoning for the two acres be left at half-acre zoning; and if the Housing Authority would sell the land for $36,000, they should make a written offer to the council which the council could ~ccept or assign to a propertyowners' association. The association could then, if it purchased the property, dedicate it to the city for a park, uhich would help keep the density of the entire area b~low what it would be if 12 units are added to the 112 units. In answer to the Chair's question of how they could assure this land would not be developed, the Assistant City Attorney responded this could be effected by a lot split application. Minutes 11198 June 8, 1970 Page 2 Mr. Rampton Harvey and Mr. Herbert {lenig spoke in favor of Mr. Littman's propos~l. Mr. Ned 11eed of th2 Ecu~enical Association for Housing recommended zoning the 4.0 ~crGr to RO-~, ~hich would give the Housing Authority more flexibility to negotiete a sale of the 4.8 acres to the city. Mr. Philip Ehrlich, ch~irmGn of the Housing Authority, spoke against decreasing the density from 12 units on the 2.8 acre parcel and stated they '~ould n2SC tll~2 to conduct a study to see if it would be feasible to sell the ~roperty for $36,000. Motion of Fanning, seconded by Rice, to amend Sennett's amendment to read six clustered far2ily ~csidences rather than 9, carried: AYES: NOES: ABSENT: COUl'!~I! :,':--;N : COUE~ IL~ ~,j!::'l : COUNG ILI~~N : 38Ck~=, 211inwood, Fanning, Rice, Sennett ron~ l~one It ''1as moved by Rice:1 secc~.ded by Ellinwood, to amend Sennett t s amendment by striking the phr~se in Section 3. (d) of the ordinance, .'and their design sh~ll be similar in character, scale and materials to the mor!er C! t ~ ine ,):TI,~ ho,-,:s =_ng ; : 1 and to s trike the tlJord '1c Ius tered1f in that section oa the grounds this is a PD zone and 1JclusteredH is a redundancy. Q.T~Gtion vles called and the motion carried: AYES: NOES: ABSENT: CO:;NCILl,r~l1 : COUNCIL~,1En : COUNe IL:,~N : Becker, Ellinwood, Fanning, Rice, Sennett None ~::)ne The Chair directed the minutes reflect by general consent of the council the concern of the council that the developers of this property contribute in some way to the off-site drainage over Tiburon Boulevard as a component of treating the on-site 'drainage Rnd that the developer think in terms of paying his share of what- eve r it take s to,lma.'\IQ. -&Gci. 41PairAaf;$ -Q.Q -ti.bri.&. -s.i.ta -a.].;o.A& --r.~:;.c.m -~~~~. remove the street drainage from this site along Tiburon Boulevard. ** Fanning expressed cc~r.~~~ o~~r the number of units being increased from the 56 originally F)-,tI: 'J~:ized to the 112 nOlo1 being requested. He also t-las cC"nc~::i::2-:l O~7C:: '~:h:,; mix being proposed on the grounds it l~ould not accommoda~e th~ present residents of Hilarita, which should be a main con~ern. RECESS _..,0:' _____ A recess wes t~ken ct 9:50 p.m.~ the council reconvening at 10:02 p.m., the roll stnnding ~s ori3in~11y taken. With the consent of t~e council, the Chair ordered Section 2 of the ordinance reviaed to ree.d: ;1The Hilarita Master Plan, as prepared by Kaplan and McL'1ughlin and 1. M. Schaffran & Co., with tpe exhibits listed belo~~, is ~prroved subject to the conditions set forth in Section 3. "Exhibit f:. - The site plan dated March 17, 1970, loihich show~ l12 units of moderate income housing. B - Site study dated April 4, 1970, which shows th~ building density of 112 units. C ... L sitr,ilar site plan dated April 4, 1970) showing the open space and circulation pattern. D ~ The land-use map, dated April 4, 1970, which has b~en revised, but shows the same general area of 3 acres fo~ moderate income housing and 4.8 acres remain7_ng. E ~ The Site Section dated April 4, 1970. ~'::.. nut e sIll 9 8 June 0, 1970 Page 3, ** Correction to the m~~tes. See Minutes 11200 Ji;; Exhibit F - The Feasibility Study submitted by the Housing Consultant. G - A letter dated February 12, 1970, by Herbert M~Laugh1in dealing with the remainder of the PD require-."J.ents. -1 I~ith the consent of the counci1~ and hearing no objection, the Chair ordered the City Manager attach the City Clerk's certification to the exhibits. It was moved by Sennett, seconded by Becker, to add the following sentence after the first in Section 3. (d) of the ordinance: !lNo more than 112 units shall b2 allowed on the 8-acre parcel devoted to moderate incoill~ houGin3~ ~s shown in Exhibit D.'? Question was called nnd th~ acove motion carried: AYES: NOES: ABSENT: COUNCILHL~N : COUNC ILTvlZN : COUNCILNEN: Becker, Ellinwood, Rice, Sennett Fanning None Mr. Robert l'fuyne questioned whether the council evaluated the basic figures to determine if th~ figures furnished by the Ecumenical Association were c~rrect. Mr. Herbert t1enig spoke against the high density. He suggested the Housing Authority convey the land to the city, which would make it tax-free and therefore cut operating costs, which would permit reducing the nVTi:.br.=r of units 0 Mr. Clarence Bullard presented a p~opoc~l on hOH to convert Hilarita into a private park for pro- testing Roll5.ng Hills residents. Mr. Kurt H~p.th offered figures and plans for an alternate location for moderate income housing in an area zoned R-3 located next to a recreation and shopping area. Question was called on the motion to consider the ordinance, as amended, to have passed first reading~ and the motion carried: AYES: NOES: ABSENT: COUNCILHEN: COUNC ILl1EN : COUPCILHEl!: B~cker, Ellinwood, Rice, Sennett Fanning None Sennett suggested l~:-. Heath approach the Ecumenical Association for Housing and the Publ.ic Housing Authority in regard to his proposal, and if they are in:~restea~ the council will then consider it at the June 22nd meeting. Fanning requested when the Planning Commission studies the precise plans in this matter, they consider the council's concern with the mix of one, two, three and four-bedroom units and the council's concern for p~oviding housing for the present Hilarita residents. AB 360 REZONING, RO-l TO RP: HT. TIB~,TRON Irving Moulin By Bill 360 of June G, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ADOPTING A UP (PLANNED RESIDENTIAL) ZONING CLASSIFICATION FOR PROPERTY IN THE MOUNT TIBURON AREA, came on for introduction and first reading. A::.tion: The Chair declared this a continued public hearing. Mr. Irving Moulin, the applicant, directed the council's attention to his comments of May 25, 1970, supporting his application. Minutes /1198 June 8, 1970 Page 4 After debate by the council, the Chair directed this matter referred to the Lands and Development Committee, and requested they coordinate with a member of the Parks and Recreation Commission and a member of the Planning Commission to insure the various aspects of density, circulation, road system be clarified, to be returned to the council. AB 313 P~PORTS OF RESIDENTIAL BUILDING RECORDS IN RESIDENTIAL PROPERTY SALES Action: Continued to June 15th. AB 3L~9 ADJUSTMENT OF FP~NCHISE FEE SCHEDULES Clearview Cable Systems, Inc. Continued to June 15th. Action: VI. RESOLUTIONS AB 357 PD PRECISE PLAN, OFFICE BLDG. AT 83 }~IN STREET Frederick Zelinsky Action: By AB 357 of June 3, 1970, the Planning Director brought before the council a resolution recommending adoption of a PD Precise Plan for 88 Main Street. The Planning Director recommended approval, subject to conditions regarding parking, landscaping, and height variances, as drafted in the proposed resolution. Sennett brought up the possibility of relocating the entrance to the parking lot and asked this be considered in the next phase. Mr. Peter Macgm1an, representing the applicant, spoke for the plans and the desirability of promoting a professional administrative industry in Tiburon such as Lester Gorslin~ Associates. It was moved by Ellin~vood, seconded by Sennett, to adopt Resoludbn No. 296, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ADOPTING A PD (PLANNED DEVELOp~mNT DISTRICT) PRECISE PLAN FOR AN OFFICE BUILDING AT 88 MAIN STREET, with Condition 2 changed to read: :'The parking lot details and layout as shown on Exhibit A, Site Plan dated Ap~:il 30, 1970, shall be completed prior to occupancy. It was moved by Sennett, seconded by Fanning, to incorporate the recommendation of the City Attorney that the approval of this particular resolution be subject to the obtaining of a variance, with Condition No.5 reading as follows: "The tower is deemed an architectural feature and subject to the obtaining of a variance, is so accepted at the height shown on the drawings."' The Assistant City Attorney suggested the Board of Design Review may not be able to mal~e the necessary findings for granting a variance. The Chair recommended continuing this matter to get more definitive opinion from the City Attorney as to the best procedure in this and future cases. It was moved by Becker, seconded by Sennett, to amend the amendment of Sennett to substitute the vlords "unique feature;: for ~larchitectural feature" in condition 5. There being no objection, the Chair ruled Becker's motion to amend the amendment is carried. Minutes 11198 June 3, 1970 Page 5 ~, The following motion should be inserted on page 6 of Minutes #198 after the roll callan motion of Ellinwood to reconsider the vote on the prior motion to amend: "The motion to reconsider the vote having carried) question was again called on the motion of Sennett to amend Condition 5 of the resolution) and the motion failed: "AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Sennett Becker, Ellinwood, Fanning) Rice None' , **** ~ -- [""--------, ---_.-:..----- Ellirn10od, seconded by Rice, to reconsider the vote on the prior motion to amend, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILr1EN: COUNCILMEN: D~cker, Ellinwood, Fanning, Rice, Sennett None None Question was now called on the motion by Ellinwood to adopt Resolution No. 296 as it now reads, '1ith the amendment to Condition 2, and the motion carried: AYES: NOES: ABSENT: COUNCILHEN: COUNCILMEN: COUNCIU1EN: Becker, Ellinwood, Fanning, Rice, Sennett None None VII. MINUTE ORDERS AB 30G RUBBISH COLLECTION: EXPERIHENTAL PROGRAH Action: AB 308 of June 8, 1970, ,vas introduced, containing recommendations of the City Manager for an experimental program for collecting rubbish. It was moved by Fanning, seconded by Sennett, to accept the staff report on Agenda Bill 308 and that the experimental program be authorized. Fanning suggested in the future neighborhood associations be asked to contribute on a matching concept. The City Manager suggested this be considered at such time as a permanent program is instituted. The Chair directed the City 11anager bring in as an agenda'd item at the next meeting a summary of what Belvedere is doing in this matter and the possibility be considered of setting up a joint committee with Belvedere to study waste disposal. Question was nO'1 called on the motion of Fanning, and the motion carried: AYES: NOES: ABSENT: COUNCILI1EN: COUNCILNEN: COUNCILI1EN: Becker, Ellinwood, Fanning, Rice, Sennett None None The Chair instructed the staff to have the program well advertised when it is started. AB 359 A~PROVAL OF BIDS: HIDENING DIVISO STREET AT CENTRO HEST: PROJECT 69-P-2l Action: Continued to June 15th. Minutes 11198 June 3, 1970 Page 6 Correction to the minutes. See Minutes 11200 jl$ VIII. QUESTIONS Amending the By-Lal1s of the Mayors and Councilmen Ellinwood questioned whether the council would approve of the City l1anager's drafting a proposal to be presented at the June 24th meet- ing of the Mayors and Councilmen recommending an ad hoc committee be established to study a possible revision to the by-laws requiring nominations be made one month and acted on the following month and that it become mandatory to have city councils vote in that interim period on their choices for first ballot. Reduction in County Budget for Parks and Recreation Mr. Donald Loomis of the Parks and Recreation Commission questioned whether the council lvou1d consider making a statement urging the county to reconsider its cut in the county Parks and Recreation Department budget for trails capital improvements. The Chair directed if action is required prior to the next meeting, that it was the consensus of the council a letter signed by the Mayor should be written to the County Administrator expressing some general concern based on the best information they have. If the county does not take this matter up until after the June 15th ~eeting of the council, then the matter should be placed on~/Jg~da for further ** stu~y. Procedure for Setting Special Meetings Becker questioned l1hether special meetings could be set in advance to prevent his being telephoned at the last minute and having to revise his schedule in order to attend a council meeting. Rice suggested this be taken up at the agendaless meeting. ~oint City Council-Parks and Recreation Commission Meeting In response to a question by Mr. Loomis, the date of June 29th was set for the joint City Council-Parks and Recreation Commission meeting, if a quorum can be gathered. VII. ADJOURNMENT It being now the hour of 12:30 a.m., June 9, 1970, and there being no further business to come before the counG~l, the Chair declared the meeting adjourned to June 15. . ._.~ . . ~ ~~, ~~~. ~;~E D.~ ty C erk Approved by the City Council)n: cr-~=-".J, ~.n e 2 2 / . " .. , 1970 . MAYO;"O?~ Cb;';;--nBURON Minutes 11198 June 8, 1970 Page 7 ** Correction to the minutes. See Minutes #200Jd,;: j CITY COUNCIL CITY OF TIBURON I . CALL TO ORDER An adjourned meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Denis T. Rice at 8:17 p.m. , June 15, 1970, in the City Hall Council Chambers. I I . ROLL CALL PRESENT: COUNCILMEN: ABSENT: COUNCILMEN: EX OFFICIO: Mayor Rice, Becker, Ellinwood, Sennett Fanning Lawrence D. Rose, City Manager Robert L. Kleinert, Assistant City Manager Richard H. Breiner, Deputy City Attorney Wayne E. Moody, Planning Director Ray W. Foreaker, Jr., City Engineer Hellen K. Hecht, Minute Clerk III. ITEMS OF BUSINESS AB 313 REPORTS OF RESIDENTIAL BUILDING RECORDS IN RESIDENTIAL PROPERTY SALES Action: Adopted Ordinance No. 49 N.So effective in thirty days. By AB 313 of June 15, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON, ADDING CHAPTER l3A TO TITLE IV OF THE TIBURON CITY CODE, RELATING TO THE REPORTS OF RESIDENTIAL BUILDING RECORDS, having passed first reading on May 25, 1970, came on for second reading and adoption. The Chair directed, with the unanimous consent of the council and there being no objection, that Ordinance No. 49 N.S. can be read by title only without reading the entire ordinance. The ordinance having been so read, motion of Becker, seconded by Sennett, that Ordinance 49 N.S. be considered as having passed second reading and be deemed adopted, carried: . AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Rice, Sennett Ellinwood Fanning Motion of Becker that within the period of 60 days after June 30, 1961, a report be rendered by the City Manager on the operability and problems, if any, of the ordinance, was directed by the Chair to have carried on unanimous consent. AB 349 ADJUSTMENT OF FRANCHISE FEE SCHEDULES Clearview Cable Systems, Inc. Action: Adopted Ordinance No. 50 N.S. effective in thirty days. By Bill No. 349 of June 15, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO. 12 N.S. BY MODIFYING CERTAIN RATES AND CHARGES PROVIDED FOR IN THE CATV FRANCHISE TO CLEARVIEW CABLE SYSTEMS, INC., having passed first reading on May 25, 1970, came on for second reading and adoption. There being no objection, by general consent of the council, the Chair ruled that reading of the entire ordinance is waived and that it can be read by title only. MINUTES 1/199 June 15, 1970 Page 1 CITY COUNCIL CITY OF TIBURON I . CALL TO ORDER An adjourned meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Denis T. Rice at 8:17 p.m. , June 15, 1970, in the City Hall Council Chambers. I I . ROLL CALL PRESENT: COUNCILMEN: ABSENT: COUNCILMEN: EX OFFICIO: Mayor Rice, Becker, Ellinwood, Sennett Fanning Lawrence D. Rose, City Manager Robert L. Kleinert, Assistant City Manager Richard H. Breiner, Deputy City Attorney Wayne E. Moody, Planning Director Ray W. Foreaker, Jr., City Engineer Hellen K. Hecht, Minute Clerk III. ITEMS OF BUSINESS AB 313 REPORTS OF RESIDENTIAL BUILDING RECORDS IN RESIDENTIAL PROPERTY SALES Action: Adopted Ordinance No. 49 N.S. effective in thirty days. By AB 313 of June 15, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON, ADDING CHAPTER l3A TO TITLE IV OF THE TIBURON CITY CODE, RELATING TO THE REPORTS OF RESIDENTIAL BUILDING RECORDS, having passed first reading on May 25, 1970, came on for second reading and adoption. The Chair directed, with the unanimous consent of the council and there being no objection, that Ordinance No. 49 N.S. can be read by title only without reading the entire ordinance. The ordinance having been so read, motion of Becker, seconded by Sennett, that Ordinance 49 N.S. be considered as having passed second reading and be deemed adopted, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Rice, Sennett Ellinwood Fanning Motion of Becker that within the period of 60 days after June 30, 1961, a report be rendered by the City Manager on the operability and problems, if any, of the ordinance, was directed by the Chair to have carried on unanimous consent. AB 349 ADJUSTMENT OF FRANCHISE FEE SCHEDULES Clearview Cable Systems, Inc. Action: Adopted Ordinance No. 50 N.S. effective in thirty days. By Bill No. 349 of June 15, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO. 12 N.S. BY MODIFYING CERTAIN RATES AND CHARGES PROVIDED FOR IN THE CATV FRANCHISE TO CLEARVIE~l CABLE SYSTEMS, INC., having passed first reading on May 25, 1970, came on for second reading and adoption. There being no objection, by general consent of the council, the Chair ruled that reading of the entire ordinance is waived and that it can be read by title only. MINUTES 11199 June 15, 1970 Page 1 The ordinance having been so read, it was moved by Sennett, seconded by Ellinwood, that Ordinance No. 50 N.S. be deemed as having passed second reading and that it be adopted. The Deputy City Attorney requested the dates of June 25, 1970, be changed to July 15, 1970, on page 3; line 1; and page 3, paragraph 2, line 7. In response to a question by the Chair, the City Manager responded he will have a bill before the council in connection with the continuation of the CATV franchise at the first or second meeting in July. Question was called on the motion to adopt Ordinance 50 N.S., and the motion carried: AYES: NOES: ABSENT: COUNCILNEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Rice, Sennett None Fanning AB 359 APPROVAL OF BIDS - WIDENING OF DIVISO STREET AT CENTRO WEST: Project 69-P-2l Action: Approved adoption of amended Project 69-P-21 Bid. AB 359 of June 15, 1970, was introduced containing the recommenda- tion of the City Engineer that the City Council approve the low bidder, Maggiora & Ghilotti, for construction of the project at Diviso Street at Centro West, utilizing exposed aggregate concrete retaining walls at the unit prices bid, for an estimated cost of $9,720.00. In regard to the first estimate of $6700 being at variance with the low bid of $12,562, the City Engineer stated he had made the error of leaving out a l5-yard concrete item, which would be in item 4 of the Bid Summary, and this was not discovered until he went out to bid. At the suggestion of Ellinwood, the Chair directed it be footnoted in the 1970-71 budget that this is a carryover item. Motion of Sennett, seconded by Ellinwood, to approve the recommenda- tions of the City Engineer in AB 359 relating to the adoption of the bid and the amendment of the amount of the bid for the project, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Rice, Sennett None Fanning AB 323 RULES OF PROCEDURE FOR PUBLIC HEARINGS Action: Remanded to staff for further study, to be brought back on July 27, 1970. AB 323 of June 15, 1970, was introduced containing recommendations of the City Attorney in regard to rules of procedure for public hearings in quasi-judicial matters. These were suggestions to afford the parties before the council due process of law and a fair hearing. The Chair indicated he would like to see further consideration of this, with the following questions being answered: (1) a compre- hensive summary of the types of proceedings engaged in by the City Council and the other Commissions which would be affected; (2) as the Chair was uncertain how important this is to protect the records, the Chair would like to know from staff's standpoint whether they feel the legal consideration or the judicial considerations are presently important; (3) a summary be prepared on the reactions of the Planning Commission and the Parks and Recreation Commission to an ordinance of this nature. MINUTES 1/199 June 15, 1970 Page 2 Becker expressed concern about the general public misunderstanding an ordinance of this nature might produce and asked consideration be given to the preparation of a handbook to be used by the person who runs the hearing. He suggested instead of swearing a witness in, that the witness be advised at the beginning of the hearing that a complete and accurate record is being taken and that the various declarations being made may fall into the penalty of perjury. Ellinwood questioned whether any other city had rules of this nature. She objected to witnesses being sworn in and the recom- mendation that the party bearing the burden of proof should open with his presentation. Sennett recommended amending each individual ordinance governing that specific body of the city that would be asked to make these rules. The Chair directed the staff and the City Attorney look into the aspects that have been raised by the members of the council and bring the matter back the last meeting in July. Trails Budget, County Parks and Recreation Department Motion of Rice, seconded by Ellinwood, that because the council considers the countywide trails system of importance both to the individual cities of Marin and to the bringing together of the various Marin communities as a county, that it is resolved that the council requests the Board of Supervisors carefully to consider the Parks and Recreation Department budget, with a view toward the re- insertion of the $20,000 item for the trails program which was in that budget and which was deleted by the County Administrator; motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Rice, Sennett None Fanning Report of Tiburon-Belvedere Joint Drainage Committee Becker outlined the geographical areas and the recommended solutions of the joint drainage study committee. He.stated new policies may have to be developed to handle problem areas on private propertyv In his opinion funding seemed to be the minor problem, the major concern being the completion of the task by November 1st. Becker indicated concern that they not get into policy areas which haven't been resolved, that they not commit themselves to low-yield projects, and that they be certain if they commit themselves to detailed projects, that they would be able to accomplish these projects. At the request of Ellinwood, the Chair directed the City Manager share stenographic expenses as approved and submitted by the City of Belvedere in this matter. The Chair directed this matter be sent to staff, to be returned on the July 13th agenda. Hilarita Park Becker reported on the 4.8 acre parcel of land on the Hi1arita property, currently owned by the Housing Authority, which offered the possibility of the City's' purchasing this property for a park by public subscription. Becker asked that a committee be appointed to report back at the next council meeting with the following findings: relative to the formation of a blue-ribbon panel of Peninsula design professionals on the specifics of land use of the proposed park area and its relationship to the general plan; the various means of acquisition that the city might contemplate; and the action of the Housing Authority at their future meetings as a basis for contemplating further action. MINUTES 1/199 June 15, 1970 Page 3 There being no objection, the Chair appointed Becker and the Chairman of the Parks and Recreation Commission to the committee, to report back at the next meeting relative to the above suggestions. Stotter Appeal Mr. William Kirchhoff, representing his father, Col. A. A. G. Kirchhoff, questioned the council as to the action they contemplated in the matter of the Lawrence Stotter action, whose appeal on the denial of side and rear-yard variances by the Board of Adjustments had been denied. He stated to date Mr. Stotter has taken no action in this matter and he requested the council enforce its decision that the violations must be corrected by its action in denying the variances. After debate by the council, the Chair directed the City Attorney bring this matter back with the recommendation as to what legal action the city can take to enforce its action, which would bring the parties back before the council and possibly effect a settlement. IV. ADJOURNMENT It being now the hour of 10:50 p.m., June 15,1970, and there being no further business to come before the council, the Chair declared the meeting adjourned sine ~_ /~.... '1I'~~o.., / ~ ~ LA~mENCED. ROSE, ity Clerk Approved by the City Council on: , 1970. MINUTES #199 ...June 15, 1970 Page 4 J CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Councilt City of Tiburon, State of California, was called to order by Mayor Denis T. Rice at 8:08 p.m., June 22, 1970, in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: ABSENT: COUNCILMEN: EX OFFICIO: Mayor Rice, Becker, Ellinwood, Sennett Fanning Robert L. Kleinert, Assistant City Manager Richard H. Breiner, Deputy City Attorney Ray W. Foreaker, Jr., City Engineer Phil V. Scott, Development Administrator Louis F. Brunini, Superintendent of Public Services Hellen K. Hecht, Minute Clerk III. APPROVAL OF MINUTES No. 196; May 25, 1910 Action: Approved Ellinwood requested the name of Mrs. Gwin Sanmartini on page 3t paragraph 6, be changed to Mrs. Gwen Sondheimer. There being no objection, the Chair ordered a reading of Minutes #196 of May 25, 1970, be waived, and that the minutes) as amended, be adopted by unanimous consent. No. 197; June 3, 1970 Action: Approved There being no objection, the Chair ordered a reading of Minutes #197 of June 3, 1970, be waived, and that the minutes be adopted by unanimous consent. No. 198; June 8, 1970 Action: Approved The following motion should be inserted on page 6 of Minutes #198 after the roll call on motion of Ellinwood to reconsider the vote on the prior motion to amend: "The motion to reconsider the vote having carried, question was again called on the motion of Sennett to amend Condition 5 of the resolution, and the motion failed: "AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Sennett ,Becker, Ellinwood, Fanning>> Rice None" Ellinwood requested the following corrections to Minutes #198: The 6th paragraph on page 3 be changed as follows: H. . . to remove the street drainage from this site along Tiburon Boulevard.Tt - On page 7, the last line of the 2nd paragraph should read: :I. . . should be placed on that agenda for further study.Jf - There being no objection, the Chair ordered a reading of Minutes #198 of June 8, 1970, be waived, and that the minutes, as amended, be adopted by unantmous consent. MIN11rES If200 June 22, 1970 Page 1 IV. CONSENT CALENDAR After remanding several items from the Consent Calendar to the general calendar, there being no objection, the Chair declared the Consent Calendar, consisting of the following item, adopted: Department of Public Services Report, May 1910. V. ORDINANCES AB 354 PD MASTER PLAN, HlLARITA SITE Tiburon Ecumenical Association Action: Adopted as Ordinance No. 51 N.S., effective in thirty days By AB 354 of June 22, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ADOPTING A MASTER PLAN FOR PROPERTY COMMONLY KNOWN AS HILARITA, having passed first reading on June 8, 1910, came on now for second reading and adoption. The Chair read a letter from Councilman Fanning to the City Council expressing concern in regard to the density, the mix of one, two, three and four-bedroom units, and the impact the development would have on the Reed School District. The Chair also referred to letters from former Councilman Wi1licm R. Bremer expressing concern over the number of units; a letter from MI. Donald O. Stutsman of the Marin County Housing Authority dated June 22 to the council indicating a willingness for the Housing Authority to sell the 4.8 acres above the Hilarita site to the city for $36,000, provided the entire acreage would be devoted to public use; and a letter from Mr. Herbert Wenig of June 16, 1970, which is attached to the agenda bill. Mr. Douglas Ferguson, president of the Ecumenical Association for Housing, pointed out the real applicant sponsoring this project is the Tiburon Ecumenical Association, which is composed of four local churches whose members will comprise the corporation. He stated the project is subject to federal review by the Federal Housing Administration. Mr. Ned Weed, chairman of the Tiburon Ecumenical Association, spoke for the proposed density and advised the Reed School District has indicated by letter, copies of which will be furnished to the council, that they are prepared to handle the proposed number of students from Hilarita. Mr. Herbert Wenig spoke against the density, which did not conform to the Tiburon General Plan, and urged the matter be returned to the Planning Commission and an advisory citizens committee composed of experts be appointed to study the plans submitted. Mr. Robert Hayes questioned whether this area was specifically zoned for this particular association, whether Tiburon has conducted a survey to determine the current housing needs in Tiburon for moderate income groups, and whether the City Council has contacted the school board to determine the impact on the school district. He urged a review be mnde of the unit mix. Mrs. Anja Triwar questioned the impact on the school district, and also questioned why the conmunity has not expressed an interest in low income housing as well as medium housing. Mr. Eiler Foss recommended maintenance provisions be included in the conditions of the housing project. Mr. Bruce Flanagan urged the council create a citizens committee to study the plans further before passing second reading. Mr. Benton Bostick stated the land proposed for moderate income housing by Mr. Kurt Heath on June 8, 1910, is zoned for a maximum of 2.5 units per acre. He stated with the present plan the city will be acquiring 4.8 acres of park and will still be taking care of the present residents of Hi1arita. MINUTES ift200 June 22, 1910 Page 2 Capt. Stewart Hopkins, president of the Hi1lhaven Propertyowners' Association, spoke against the project. Sennett stated the Planning Director had checked with the Reed School District and the potential school population from Hi1arita is accept- able to the school district. With the general consent of the council, and there being no objections, the Chair directed that the ordinance can be read by title only. The ordinance having been so read, it was moved by Ellinwood, seconded by Becker, that Ordinance No. 51 N.S., AN ORDINANCE OF THE CITY OF TIBURON ADOPTING A MASTER PLAN FOR PROPERTY COMMONLY KNOlVN AS HlLARITA, be deemed to have passed second reading and be adopted. It was moved by Sennett that the ordinance be amended by placing an additional section noted as 3(f) as follows: Any other language in the ordinance to the contrary notwithstanding, approval of the exact number, kinds and size of the units to be constructed on the 8-acre parcel devoted to moderate income housing is reserved and these specifications shall be presented on or before the presentation of the precise plan to the Planning Commission and City Council. The Deputy City Attorney advised this motion would eliminate the maximum of 112 units. Sennett withdrew the motion, and the Chair moved, seconded by Sennett, to insert the following under Section 3(f): Those proportions of 1, 2, 3 and 4-bedroom units as set forth in the exhibits above are not approved or adopted herein and the mixtures and types of units in the development shall be subject to control and review at the precise plan stage; motion failed: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Rice, Sennett Becker, Ellinwood Fanning' Becker spoke in favor of the content of the motion but objected to its being made a condition of the ordinance and requested the Planning Commission give careful consideration to the question of mix. Question was now called on the motion of Ellinwood to adopt Ordinance No. 51 N.S., and the motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Sennett Rice Fanning In regard to the relocation of the present residents of Hilarita, Ellinwood requested the citizens of Tiburon consider acting as re- housing agents for these residents. RECESS A recess was taken at 10:02 p.m., the council reconvening at 10:15 p.m., the roll standing as originally taken. VI. RESOLUTIONS AB 366 Action: Resolution No. 299 adopted RESOLUTION ADOPTING NO PARKING AREA ON NORTHWESTERLY SIDE OF MARK TERRACE, AND CONSTRUCTION OF BARRICADES By Agenda Bill 366 of June 22, 1970, the City Engineer brought before the council a resolution of the City Council to adopt a no parking area on the northwesterly side of Mark Terrace and a request that the council authorize an expenditure of $400 from the contingency fund June 22, 1970 MINUTES #200 Page 3 for the construction of a guardrail to be placed at the front of the property located at 25 Mark Terrace. Motion of Ellinwood, seconded by Becker, to adopt Resolution No. 299, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON creating a :'no parking" area on the northwesterly side of Mark Terrace, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Rice, Sennett None FanninG Motion of Ellinwood, seconded by Becker, that the council authorize the expenditure of $400 from the contingency fund for the construc- tion of the guardrail, carried: AYES: NOES: ABSENT: COUNCILI1EN: COUNCILMEN: COUNCILl1EN: E2cker, Ellinwood, Rice, Sennett None Fanning VII. MINUTE ORDERS AB 367 APPLICATION FOR CATV FRANCHISE Cable TV of Marin Action: Continued to July 27, 1970 AB 367 of June 22, 1970, was introduced containing the request of Cable TV of Marin for a franchise to provide service in four specific locations within the city, as listed in the agenda bill. The Chair referred to correspondence from Mr. Frederic F. Manley, Howard R. Leistner and a petition from 16 residents from the Taylor Road area requesting a franchise be given to Cable TV on the grounds there is no service presently available to them by C1earview. Mr. Robert Pace of Cable RV spoke for the application. Mr. Ralph Young of C1earview Cable stated their service had been held up pending approval from the telephone company for use of their poles. They have now received the preliminary papers and are ready to proceed to build in the area under discussion. Ellinwood suggested the city conduct a survey of persons having service with C1earview to determine the quality of the service for the Public Services Committee and staff to make an evaluation of whether or not a second franchise should be granted. Mrs. ** Mr. Philip So Britton, Mr. James Fitzgerald, ~ Polly Smith and Mr. Howard Leistner all indicated poor te1eyision reception and urged a franchise be given to Cable TV of Marin to expedite hookup of cable TV in their area. The Chair directed the matter continued until the meeting of July 27, at which time the council will receive a recommendation on the Paradise Drive area from the Public Services Committee and staff. The council will also consider the general question of extending Marin Cable TV to other sections, but will be primarily concerned with the Paradise Drive area on July 27th. AB 348 LOCAL TRANSIT SERVICE Marin County Transit Systems, Inc. Action: Adopted Resolution No. 300 & referred to Public Services Committee for report at 7/13/70 meeting. By AB 348 of June 22, 1970, the Public Services Committee brought in a request for subsidy by the Marin County Transit Systems, Inc., with the proposal there be a specially designed bus routing into the various neighborhoods on weekdays during non-commute hours, at a greatly reduced cost to Tiburon residents. This could be effected by the city's buying a specific number of tokens on a monthly basis and reselling them to Tiburon residents for a lesser amount. MINUTES 11200 June 22, 1970 Page 4 ** Correction to the minutes. See Minutes 11203 It was moved by Ellinwood, seconded by Sennett, that the City Council of the City of Tiburon desires that the Marin County Transit Systems, Inc., will be able to continue to operate and also to expand its local inter-city commute and shopper bus services; the council recognizes the time element necessary to effect a change in the public's transportation habits and therefore feels this pilot program should be encouraged as an integral part of proposed county-wide public transit services, and further instructs its Public Services Committee to develop and bring in to council for action on July 13th a detailed proposal for city sponsorship and assistance of their service; and a resolution be adopted to this effect. Motion carried. AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Rice, Sennett None Fanning AB 364 APPLICATION FOR ROUTE CHANGES Marin County Transit Systems, Inc. AB 364 of June 22, 1970, containing the application of the Marin County Transit Systems, Inc., to the Public Utilities Commission of the State of California for permission to add certain routes and services to their system, with three of the proposed route changes relating to the City of Tiburon, came on for information purposes. Action: Resolution of Commendation No. 301 adopted. Becker requested correspondence received by the Public Utilities Commission from a resident of Tiburon about the bus stop situation be referred to staff. There being no objection, the Chair directed a resolution is adopted by general consent of this council commending Marin County Transit Systems, Inc., for their approach to experimenting with these three routes, namely, commuter Route 6, servicing Larkspur and Corte Madera to the Tiburon ferries; Weekend Route 11, connecting Tiburon downtown to Sausalito downtown; and Weekend Route 12, circular route on the Tiburon Peninsula; and the council endorses the operations. Ellinwood requested the Assistant City Manager communicate this to the proper persons on the Public Utilities Commission staff. AB 351 Action: REMOVAL OF ADDITIONAL POLES AND OVERHEAD WIRES IN UNDERGROUNDING DISTRICT Requested Resolution to be brought back July 13, 1970. AB 351 of June 22, 1970, was presented by the Finance and Administra- tion Committee pertaining to the removal of additional poles and overhead wires by PG&E, with the final completion date of 1975. The Chair directed the City Attorney look into the preparation of an appropriate formal complaint to be signed with the Public Utilities Commission which would ask the PUC to determine: (1) whether or not Tiburon is entitled to have these funds additive on top of the commitment; (2) if they are not entitled to have them additive, whether or not they are entitled to the commitment so that the allocations would become irrelevant; (3) how the city can verify whether the costs of undergrounding are reasonable. In response to a question by the Chair, Mr. Conrad assured the council 70 percent of the undergrounding can be accomplished by January 1971. Ellinwood suggested the council consider drainage in that area at the same time as undergrounding is done. The Chair directed a resolution be prepared, to be brought back on July 13th, with the understanding that 70 percent of the lines in the district, to across Beach Road, will be underground by January 26, 1971, requiring all of the Rule 20 money up to and including the 1972 allocation. MINUTES /1200 June 22, 1970 Page 5 AB 363 MAR WEST SLIDE Action: Authorized City Engineer to proceed with Project AB 363 of June 22, 1970, containing the recommendation of the City Manager that the City Council authorize the engineer to retain a soils engineering firm for the necessary preliminary work, as well as proceeding with the plans and specifications as appropriate for repairing the landslide partially blocking Mar West Street, which project will be included in the 1970-71 budget. There being no objection, the Chair directed that the recommendation of the City Engineer in AB 363 be approved, and that the authoriza- tion be granted. AB 365 STOP SIGNS ON HILARY DRIVE Action: Revised consonant with the direction to relocate the stop signs. By AB 365 of June 22, 1970, the Public Services Committee brought before the council the question of traffic control devices on the steep portion of Hilary Drive between Hawthorne Terrace and Del Mar. Stop signs had been previously placed on Hilary Drive, with the recommendation that the matter be brought back to the council after a trial period. ** Mr. Richard Jones, president of the Hawthorne District Property Owners Association, spoke in support of the stop sign at the top of the hill and referred to a petition signed by 64 residents presented to the council in May of 1969 requesting a stop sign be placed at the bottom of the hill. Becker requested the City Engineer prepare a report for the council on the question of putting in sidewalks in the area. Motion of Ellinwood, seconded by Sennett, that in response to the petitions of the residents and what the council believes to be substantial evidence that a stop sign be located at the intersection of MaraVista Court and Hilary to stop traffic that is northbound, and an additional stop sign at Hilary Drive and MaraVista Court to stop traffic southbound, be installed. That the stop sign presently at Theresa Court be removed and that the street be striped with a caution warning. The l5-mile-per-hour speed limit that is already indicated remain the same. At the suggestion of Rice, Ellinwood removed from her motion the provision that the street be striped with a caution warning. Question was called on the motion, as amended, and the motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Rice, Sennett None Fanning AB 370 Action: Continued. CIVIL DEFENSE DISASTER ACCREDITATION- MARIN COUNTY Continued. AB 369 COUNTY CONTRACT SERVICE CHARGES - Proposal to Terminate Continued. Action: Continued AB 368 SETTING HEARING DATES Action: Continued to July 13, 1970. The Chair directed the Cluster Zoning Ordinance set for July 13, and the remaining items on the agenda bill continued. June 22, 1970 MINUTES #200 Page 6 ** Correction to the minutes - see Minutes 112~j( VIII. - REPORTS AB 256 STATUS OF REED SCHOOL PARK PLANNING Action: Study Committee appointed to report back to Council at future date. By AB 256 of June 22, 1970~ the Lands and Development Committee brought before the council the matter of the proposed purchase of approximately 2~ acres adjacent to the Reed School and 4.8 acres of the Hilarita property, which could be utilized as joint park and open space areas. It was moved by Becker, seconded by Sennett, that the City Council formalize the appointment of a committee consisting oe Chairman Gordon Strawbridge and members Bassett, Macgowan,-&liss~eEllman and Teather as the nucleus of the committee; that they be empowered to choose additional members for their committee, to report back to the council along the lines proposed in the Planning Director's report in AB 256, at the earliest possible time. ** Question was called and the motion carried on a voice vote. Mr. Rampton Harvey informed the council of a non-profit corporation of the State of California existing on the peninsula known as the Tiburon Peninsula Foundation which is interested in acquiring and developing lands for public recreational and cultural activities. He named the directors and suggested the Foundation be contacted by the committee. In response to the Chair, Becker stated as the Housing Authority set up a time limit of one year, the committee should act as quickly as possible so that the public subscription can be completed within the time limit set. IX. QUESTIONS Appointments to Economic Opportunity Council and Planning Commission At the request of Ellinwood~ the Chair directed the council meet in Executive Session at the next regular meeting to consider the appointments to the Economic Opportunity Gouncil and the Planning Commission. 200th City Council Meeting Ellinwood asked ~he record note the City of Tiburon has now been in existance for six years and has held 200 official council meetings. x. ADJOURNMENT It being now the hour of 1:18 a.m., June 23,1970, and there being no further business to come before the council, the Chair declared the meeting adjourned sine die~ /~= ......-, OBE L. KL<IN R , Assistant City Manager Approved by the City Council on: MINUTES :;1=200 June 22, 1970 Page 7 ** Correction to the minutes - See Minutes #204.JI~ j CITY COUNCIL CITY COUNCIL/PARKS & RECREATION COMMISSION I. CALL TO ORDER Notice of special City Council meeting having been duly issued, the meeting of the City of Tiburon, State of California, was called to order by Mayor Denis T. Rice at 8:07 p.m., June 29, 1970, in the City Hall Council Chambers. II. ROLL CALL CITY COUNCIL PRESENT: COUNCILMEN: Mayor Rice, Becker, Ellinwood (8:22 p.m.), Sennett ABSENT: COUNCILMEN: Fanning PARKS & RECREATION COMMISSION PRESENT: COMMISSIONERS: ABSENT: COMMISSIONERS: EX OFFICIO: Chairman Teather, Loomis, Tayer, Ellman, Smith, Knight McKegney Robert L. Kleinert, Assistant City Manager III. COliMITTE! OF THE WHOLE Hayor Rice, recognizing a quorum of the Parks & Recreation Commission in attendance, recessed the City Council thereafter to stand convened 8S a Committee of the Whole. At that time, he turned the Chair over to Mayor pro tem Al Sennett of the Public Services Committee, who then conducted the Committee business. IV. ADJOURNMENT It now being the hour of 11:03 p.m., June 29, 1970, and there being no further business to come before the Council, the Chair declared the meeting adjourned sine die. ~',. ; t17j . ~ ~\ (,- 1'.~. I~ . ROBER L. ~RT Assistant City Manager Approved by the City Council on: ,"''''\ July 27 . 1970 I . ./ ~/ >, ~..~ ,I'--~ MAYOR OF THE CITY OF TIBURON ....-. " MINUTES 11201 June 29, 1970 Page I ~ CITY COUNCIL/PARKS & RECREATION COMMISSION COMMITTEE OF THE WHOLE REPORT June 29, 1970 Chairman Sennett reviewed the proposed joint meeting agenda and requested G~airnan Teather of the Parks & Recreation Commission to ~rief1y discuss thone itemc on the agenda concerned with the ob- jectives and goals of the Parks & Recreation Commission. Teather began by mentioning one ?rime area of concern of the Parks & Recreation Commission being that of the Paradise Drive walkway and the many delays beinB encountered. Sennett indicated the Public Services Com8ittcc ~;~G presently ~eeting with affected property owners prior to the m&ttcr coming before the Council. iaycr indicated ~ dc-Gire ia discussion of a general nature rather than of specific iS511~S in nu e:te~pt to better establish lines of communi- cation end fu~ther establioh the Parks & Recreation Commission as a functioning body of the City. Tayer made reference to the present powers and responsibilities of the Commission as set forth in Resolutions No. 90 end 116. Both of these resolutions established the Parks & Rcc~ection CU~3ission end stated the powers and purpose of the Com~icssion; ilO~1cver, the main difference being in that one resolution called fo:~ ~ 5-memb~r Con~ission and the other called for a 7-~eDber COD~issicn. It was then suggested that the Parks & Recre- ation Co~~issio~ possibly b~ established by ordinance rather than by resolution. Llln~n inuicntcu it was no~ a question of whether the Commission was established by resclution or ordinance, but rather the content, stated pc~crs &~d ~2cponsibi11t1es being the significant factors. "Q ~td indic3te that an ordinance would perhaps be more in the form vi perw~nency. Sennett ~~ggcsted that the staff, with a committee from the Parks & Recreation Coc~issic~ and the City Attorney, draft a proposed ordi- ~a!lCC. Rice then suggested that the City Attorney draft an ordinance a~d submit it to the Pa~~~ & R~creation Commission for their review, ~nd then the finalized 1~aft could be presented to the City Council ~t the first available ~g~ndn, hopefully July 20th. Rice indicated that cost wac the key ingredient in the various projects coming fron the P~~ks & Rec~eation Commission, as opposed to those items out of tte ~lu~~inc Co=niscion. Therefore, it has always been more difficult to ccn8~de= Parks & Recreation Commission items due to futu~a funding. Becker pointed out that the highest role or function the Parks & Recreation Co~~ission can perform is that of open space planning and programming. lIe suggested that the title Open Space Commission eight be more appropriate th~n the present Parks & Recreation Com- ~ission. Chair~en Sennett indicated the Council recognized the good work of the Parks & Rncreaticu Com~ission these past few years; however, the joint neeting tonight should attempt to establish better lines of coonunication and imple~entation of various Parks & Recreation reco~mendations to the Council. Ellinwood painted out the goals and objectives of the Parks & Recre- ~tion Commission can be funded if presented in an organized plan or program. She suggested a general plan or 5-year program, of which each year the funding would be reviewed by Council. Rice was in complete agrecwent with this type of approach and suggested a master park and recreation plan be considered similar to that of the City of E31vedere's long-r~nge development plan. Tayer then suggested a portion of the e:~isting resolution establishing the Parks & Recre- ation Co~m1ssion be incorpo~eted as a starting point. ~1INUTES #201 June 29, 1970 Page 2 Becker indicated the files of Belvedere relative to their long-range development plan are available for reference and that he also could be of assistance. Sennett directed the Parks & Recreation Commission to prepare an "O.pen Space and Recreation" master plan which would then be an element of the Tiburon General Plan. Sennett also suggested the Parks & Recre- ation Commission should go as far as they could with the proposed open space tnaz:.>~~r plan and when additional expertise or consultation is required, they would then come back to Council for necessary fund- ing or appropriation. Smith noted that in so many instances, past letters, resolutions and requests of the Parks & Recreation Commission to the City Council would receive no action or even an acknowledgement. Occasionally, however, the problem or delay was at the staff level. Loomis referred to the procedures guide and chart prepared by a committee of the Parks & Recreation Commission as to the Commission's feelings for the best solution of achieving the various goals and objectives. Sennett explained that he felt both the Council and Parks & Recreation Com- mission werestriving for the same results, but perhaps in different ways. Becker pointed out that to a certain degree the Planning Commission concerns itself primarily with "specifics," while the Parks & Recre- ation Commission was concerned primarily with "generalities." He feels it takes both of these ingredients to properly advise the City Council. Ellinwood made reference to Council agendas of other cities and sug- gested the possible revision of the present Council agenda, whereby the public would have more opportunity to speak and would not become involved in the regular and routine technical matters that arise. Mayor Rice indicated he was presently attempting to place agenda items in order of priority. Sennett reaffirmed the suggestion of suspense calendars. Teather discussed the problem of lanes and paths in Tiburon and read a letter regarding Raccoon Lane from Tiburon resident Mary Price. Sennett suggested placing items on a Council calendar and notifying the Parks & Recreation Commission as to when a hearing would take place on the Council agenda. Becker suggested that the Council should direct the committees and commissions on how they should interrelate the general aspects con- cerning specific functions, flow of communication and basics for operation. Sennett requested that a resolution be prepared instructing the Parks & Recreation Commission to prepare an open space master plan. Ellin- wood suggested that the Parks & Recreation Commission might consider doing such a plan in segments. Chairman Sennett called for a recess of the meeting at 9:40 p.m. The meeting was then resumed at 9:50 p.m. Mayor Rice discussed the establishment of a committee for local environmental health and ecology. He pointed out that the City of Belvedere had recently appointed such a committee and possibly the City of Tiburon could consider the joint committee status with Belvedere. Chairman Sennett asked the Parks & Recreation Commission to contact Belvedere for possible joint status and report back to the Council. Sennett requested the staff to comment on the Parks & Recreation Commission's procedural aspects and suggestions after reviewing, by July 20th. The committee, composed of Sennett and Becke~ should incorporate into their report for the July 20th meeting those items of pertinence in the Parks & Recreation procedural guide. MINUTES 11201 June 29, 1970 Page 3 Becker discussed the merits of logging-in correspondence and the utilization of a reading file and how this procedure could be bene- ficial to all concerned. Ellinwood indicated she had been exposed to this type of correspondence system previously and completely concurred with Councilman Becker's feelings. Sennett suggested the Parks & Recreation Commission review the agenda items for the July 13th City Council meeting and thereby make any necessary suggestions or recommendations. Concerning the County's proposed Tiburon Trails Plan - Phase II, Mayor Rice indicated this matter would be on the July 13th City Council agenda, placed in committee at that time and then brought back at the July 27th Council meeting with the Commission's input. Smith briefly discussed various items of prime concern to the Parks & Recreation Commission, such as trails and pathways, lanes in Old Tiburon, walkways (Paradise Drive), park in the Hilarita development, Reed School Park acquisition and the railroad right-of-way. Sennett expressed concern of access across Tiburon Boulevard if and when the City does acquire the railroad right-of-way property, and if this matter has been considered. Ellman pointed out that this consideration would be a part of the General Plan approach to con- necting links between the railroad property and the various lanes, paths and trails. Ellinwood discussed recent conversation with Ed Ryken, Executive Director of the Marin Senior Citizens Coordinating Council, regard- ing the status of the Tiburon Senior Citizens group. Knight made reference to the Parks & Recreation Commission Resolution No. 22 sent to the Council in April, recommending joint funding by the City and County. Chairman Sennett noted the discussion of the Committee being concluded, adjourned the Committee of the Whole and returned the Chair to Mayor Rice, who then reconvened the special meeting of the City Council. MINUTES 11201 June 29, 1970 Page 6 j CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council, State of California, was called to order by Mayor Denis T. Rice at 8:07 p.m., July 13, 1970, in the City Hall Council Chambers. I I . ROLL CALL :RESENT: COUNCILMEN: ABSENT: COUNCIL~ffiN: EX OFFICIO: Mayor Rice, Becker, Ellinwood, Fanning, Sennett None Lawrence D. Rose, City Manager Robert L. Kleinert, Assistant City Manager Robert I. Conn, City Attorney Wayne E. Moody, Planning Director Ray W. Foreaker, Jr., City Engineer Louis F. Brunini, Superintendent of Public Services Hellen K. Hecht, Minute Clerk III. APPROVAL OF MINUTES Nos. 199 and 200 Action: Continued. Approval of Minutes No. 199 of June 15, 1970, and No. 200 of June 22, ~^~" ~~~ ~n"ti"ued to July 20. IV . CONSENT CALENDAR After remanding several items from the Consent Calendar to the General Calendar, it was moved by Fanning, seconded by Becker, that the Consent Calendar, consisting of the following items, be adopted: AB 365 - REVISION TO STOP SIGNS ON HILARY DRIVE (Resolution No. 302) AB 372 - ACCEPTANCE OF BIDS, PROJECTS 69-P-20, 70-P-3 and M 70-6 - MONTHLY CASH FLOW STATEMENT, June 1970 - CITY ENGINEER'S MONTHLY REPORT, June 1970 - DEPARTMENT OF URBAN DEVELOPMENT REPORT,June 1970 There being no objection, the Chair declared the Consent Calendar adopted by unanimous consent. V. ORDINANCES AB 327 AMEND ZONING ORDINANCE TO ALLOW CLUSTERING IN RESIDENTIAL ZONES Action: Remanded to Planning Commis- sion for further consider- ation. By Bill No. 327 of July 13, 1970, an ordinance entitled AN ORDINANCE OF ~E CITY OF TIBURON ESTABLISHING COMBINED C DISTRICTS, having been sent to staff on May 25 for clarification and revision to the pro- cedural provisions, came on again for first reading. The City Attorney summarized the main procedural change, that master plans be adopted by resolution rather than ordinance. In regard to a master plan being required before property was rezoned for cluster zoning, the City Attorney recommended this be done by regulation. Sennett requested the Planning Commission be directed to study and prepare regulations to be submitted along with their recommendations pertaining to the basis or standards upon which judgment will be made as to whether rezoning will be permitted into the C zone. t1INUTES #202 July 13, 1970 Page I In response to Mr. Gordon Strawbridge's question, the Chair stated this ordinance would not affect the area of dedicated open space. In response to a question by Mr. Stewart Hopkins, the Chair advised this ordinance pertains to land that has not yet been subdivided. Fanning asked that the Planning Commission be informed this action does not imply the council's approval of the ordinance, and asked that they seriously consider the bonus provision, which he opposes. With the consent of the council, the Chair sent the matter back to the Planning Commission for further consideration. AB 145 PD r~STER PLAN, TIBURON LODGE AREA Fred Zelinsky Action: Continued. Matter continued with the consent of the applicant. AB 374 PROPOSED ~lENDMENTS TO PARKING AND LOADING ORDINANCE Action: Continued.. Continued. See minute for AB 368 on page 3, this meeting. VI. RESOLUTIONS AB 351 EXTENSION OF UNDERGROUND DISTRICT - DO~mTOtVN AREA Action: Resolution No. 303 adopted; PUC ruling on Rule 20 money passed. The Chair stated he had requested AB 351 of July 13, 1970, be removed from the Consent Calendar in order to insert the following paragraph in the resolution as a third paragraph: II WHEREAS , the City Council has been advised by Pacific Gas & Electric Company that it would not be possible to complete undergrou~ding of 50% of the Underground Utility District hereinbefore created by July 26, 1970, but that undergrounding of 70% of the said District by January 26, 1970, is feasible;" The City Attorney requested the following changes be made in the next- to-the-last paragraph: II. . . shall be removed and placed underground no later than January 26, 1970, and that all affected property owners must be ready to receive underground service no later than January 1, 1971, subject to the provisions of Chapter 12 of the City Code.1I With the approval of the Chair, Sennett requested the last sentence of the paragraph inserted by the Chair be changed from "is feasible" to "can be achieved," now reading ". . . of the said District by January 26, 1970, can be achieved." Motion of Rice, seconded by Ellinwood, to adopt Resolution 303, as amended, carried: AYES: NOES: ABSENT: COUNCILIvlEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett None None The Chair stated they should not forget the possibility of pursuing with the State Public Utilities Commission the question of the Rule 20 money and asked for a formal reading on this. HINUTES #202 July 13, 1970 Page 2 AB 377 RESOLUTION IN APPRECIATION FOR SERVICES OF JOSEPH C. r~RSHALL AB 377 of July 13, 1970, was introduced by the Chair containing a resolution expressing appreciation to Planning Commissioner Joseph C. Marshall. Action: Resolution No. 304 adopted. Motion of Fanning, seconded by Ellinwood, to adopt Resolution No. 304, carried: AYES: NOES: ABSENT: COUNC I Ll"lEN : COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett None None The Chair directed the staff make a framed copy of the resolution for l1r. t-1arshall. AB 368 SETTING HEARING DATES The hearing was opened on the Parking and Loading Ordinance, and the Chair thereupon continued consideration of the bill to July 20. VII. MINUTE ORDERS Action: Continued to 7/20/70. AB 369 rnTT"'~T" "()NTRACT SERVICE ....J.lARGES PROPOSAL TO TERHINATE Action: Continued to 7/20/70. Continued to July 20. AB 378 MASTER SALARY PLAN ANNUAL SALARY PROGRAH Fiscal Year 1970-71 Action: Committee report submitted, resolutions ordered. The Finance and Administration Committee introduced AB 378 of July 13, 1970, containing their report and recommendations regarding the Master Salary Plan. The Chair directed the new annual salary program be presented in draft form at the July 20th meeting for review and discussion. The cltaff was directed to prepare the necessary exhibits. The Chair corrected an article which appeared in the Independent Journal claiming the City of Tiburon had violated the Brown Act. The City Attorney read portions of the Brown Act, which clearly does not apply to committees of less than a quorum of the council. The Chair stated a public session committee is scheduled for Wednesday, July 15, for discussion of the budget. AB 373 REPORT ON JOINT DRAINAGE COMMITTEE Action: Reports and estimates ordered. Rice introduced AB 373 of July 13, 1970, containing a report of the joint drainage committee. He also referred to a report dated July 13th signed by Mayor Drechsel of Belvedere on behalf of his committee, and a report by the City Engineer containing comments on the original report. 11ayor Drechsel of Belvedere explained his report and the deadlines imposed upon the Tiburon Sanitation District by the Bay Area Water Pollution District for submitting a plan on handling excess discharges. MINUTES #202 July 13, 1970 Page 3 Ellinwood outlined the areas covered by their report and the suggested solutions that the committee felt could be accomplished this year. The main points covered included the abatement of the Red Hill slides, the diking of the Tiburon Peninsula Club pond, a line from Tiburon Boulevard and Mar West to the ponding area, a tide gate at Main and Tiburon Boulevard, and a tide gate at Beach Road and Main Street. The City Engineer outlined his response to the committee report, listing three actions the council might consider: (1) the development of a master drainage plan; (2) a joint powers agreement with Belvedere to~udy the problems; atd resolving the question of the acceptance and maintenance of drainage facilities on private property. Becker emphasized the need for a master plan and urged the council decide on a policy for private property and easements. He also sug- gested short-term, temporary measures against flooding be taken and the development of a broad basis for final action the following year. The Chair requested the minutes reflect the council's opinion that there is a need for a master plan, and suggested the Public Services budget include moneys to go into the development of this plan, with the City Engineer furnishing estimates. The Chair further directed staff to draft up a joint powers agreement with the City of Belvedere with respect to the Tiburon Peninsula Club's ponding area. The City Engineer was directed to prepare a list of problem drainage areas on private property and easements on which he suggested the council change its policy. Ellinwood asked the record reflect the committee does not want excess water routed into the Belvedere Cove, but that it follow the natural lines. The Chair asked for a definitive opinion from the City Engineer at the next meeting if the tide gate at Beach Road and Main Street should be replaced or whether it just wasn't functioning last year. In regard to the Tiburon Peninsula Club pond, the Chair requested the City Engineer check the costs for berming and the alternative of not rerming but using bigger pumps. He asked for an analysis of what this could be reduced by if something less than a concrete structure were used. . In order to meet the July 31 deadline of the Regional Water Control Board to Sanitary District No. 5 regarding the infiltration of the sewage lines by flood waters, the Chair directed the staff work with the committee in preparing a resolution reflecting (1) the intention to appropriate money for a master plan, (2) the intention to inventory those easements on private property which relate to acute drainage problems, (3) the immediate resolution of certain problems like the tide gates, (4) and the entering into of a joint powers arrangement with Belvedere in regard to the Tiburon Peninsula Club pond. In regard to the State Division of Highway's past plans for rebuilding Tiburon BOUlevard as soon as Tiburon solved its drainage problems, the Chair requested the City Manager contact the State for further discus- sion on this. Becker asked the record reflect they are discussing a city-wide master drainage plan, with specific emphasis for this initial period on the downtown basin and the Pine Terrace area. RECESS A recess was taken at 9:47 p.m., the council reconvening at 10:00 p.m., the roll standing as originally taken. HINUTES #202 July 13, 1970 Page 4 VIII. UNSCHEDULED ITEMS ~ppointment to the Planning Commission With the consent of the council, the Chair announced the appointment of Charles Bassett to fill the vacancy on the Planning Commission, created by the completion of Mr. Joseph Marshall's second term. In response to the Chair's question, Mr. Bassett replied he would be wilJ~~~~ to accept the appointment. . :" Mar West Slide Mr. Stewart Hopkins, president of the Hill Haven Property Owners Association, asked whether there were any plans to repair the slide on Mar West, which occurred last winter. The City Engineer stated this project has been delayed as the city has applied for funds from the Federal Government to help defray the cost. The Soils Engineer has now completed his investigation, however, and the work should be completed by late September. / AB 375 TIBURON TRAILS PLAN: PHASE II RIDGE TRAIL Action: Refepped to P&R Commission and Planning Commission fop heapings. By AB 375 of July 13, 1970, the Planning Director presented the report on Page II of the Tiburon Trails Plan, as prepared by the tlarin County Planning Department. After discussion by the council on the plan, Mr. Allan Littman of the Planning Commission was recognized and stated he felt the Planning Commission should be given the opportunity of studying this matter before the council took any action on it. He objected to the council's having heard recommendations from the Planning Director on adopting this matter in principle without its first having been sent to the Planning Commission. Mrs. Polly Smith of the Parks and Recreation Department asked that a joint study committee be formed of Parks and Recreation Com- missioners and Planning Commissioners to review the plan further. It was moved by Fanning to send the report to the Parks and Recreation Commission and the Planning Commission for public hearings and process- ing as an amendment to the Tiburon General Plan. The motion was seconded by Rice, who then moved an amendment to include, if feasible, a joint meeting on the plan be held by the Parks and Recreation Com- mission and the Planning Commission. Question was called on the motion as amended, and the motion carried: AYES: NOES: ABSENT: ':" :C~UNCILr.1EN: COUNCILMEN: tCONCIL~lEN : Becker, Ellinwood, Fanning, Rice, Sennett None None The Chair directed the Lands and Development Committee follow through in coordinating and seeing that a joint meeting is held with the Planning Commission and the Parks and Recreation Commission, and that at least one member of the Lands and Development Committee attend the work session. AB 371 SANITARY DISTRICT NO. 5 - DRAINAGE MATTER Action: Resolution opdeped fop '1/2'1/'10. The Chair stated the resolution to he brought in at the next meeting under AB 373 will take care of the letter referred to in AB 371 of July 13, 1970, from the Board of Governors of Sanitary District No. 5 requesting Belvedere and Tiburon take action to avert flooding of Tiburon Boulevard before the forthcoming winter. MINUTES #202 July 13, 1970 Page 5 AB 348 LOCAL TRANSIT SERVICE, PROPOSAL OF MARIN COUNTY TRANSIT SYSTEMS, INC. Action: Committee report received~ returned to Committee for detailing. By AB 348 of July 13, 1970, the Public Services Committee brought before the council recommendations for procedural and substantive changes in regard to the proposal by the Marin County Transit Systems, Inc.'s request for city sponsorship. Discussion ensued on the report. Mr. Allan Littman spoke against a subsidy without accountability. The Chair suggested the council again consider the mechanics of the contract, with feedback from the Marin County Transit Systems, before including it in the Public Services budget. Sennett suggested the committee bring back a very detailed proposal on July 27th. The Chair directed the matter be returned on the 27th of July. IX. REPORTS PROCEDURAL AND SUBSTANTIVE CHANGES Continued to July 20th. REGISTER OF CLAIMS NO. 71 Action: Adopted. Motion of Fanning, seconded by Rice, to approve Register of Claims No. 71 for May 1970, carried: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSTAIN: COUNCILMEN: ABSENT: COUNCILMEN: Becker, Fanning, Rice, Sennett None Ellinwood None x. QUESTIONS Contribution by Belvedere to Acquisition of the Railroad right-of-way Sennett stated the City of Belvedere has indicated its interest in joining with the City of Tiburon in contributing toward the acquisition of the railroad right-of-way, which is presently contemplated for legal action in September 1970. The Chair directed the City Manager prepare a letter to be signed by the Mayor expressing the sentiment that this council is interested in their continuing cooperation; and in regard to the right-Of-way prospect, they would appreciate their very careful consideration and attention to this in their budget. Resolution by the Belvedere City Council Becker stated he had a copy of a resolution introduced by Mayor Drechsel before the Belvedere Council which he intended to bring before the Tiburon council on July 20th, which establishes a basis for liaison between the two communities. Action on Denial of Lawrence Stotter Appeal Mr. William KirChhoff, representing his father, Col. A. A. G. Kirchhoff, questioned the council on action taken to date in the Lawrence Stotter matter. Sennett stated a letter had been received by the council from the City Attorney recommending that the city undertake abatement pro- ceedings against Mr. Stotter. Executive Session was set for July 20th for the council to vote on whether or not they wished to take the action recommended by the City Attorney. I'-lINUTES # 202 July 13, 1970 Page 6 Cable TV Ellinwood reminded the council had promised residents on Paradise Drive they would consider the application of Cable TV of Marin on 'July 27th. Sennett asked that the committee meet on this matter. XI. ADJOURNMENT It being now the hour of 12:02 a.m., July 14, 1970, and there being no further business to corne before the council, the Chair declared the meeting adjourned to July 20th. ,- /~ ~ /j(~~ ~ t^JRENCE D. --ROSE. - CITY -- -- u Approved by the City Council on: ~1~' 1970. MAYOR ~ CITY OF TIBURON HINUTES #202 July 13, 1970 Page 7 J CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER An adjourned meeting of the City Council, City of Tiburon. State of California, was called to order by Mayor Denis T. Rice at 8:05 p.m., July 20, 1970, in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Mayor Rice, Becker (8:20), Ellinwood (8:10), Sennett, Fanning ABSENT: CO!!NCIUffiN: l':one EX OFFICIO: Lawrence D. Rose, City Manager Robert L. Kleinert, Assistant City Manager Robert I. Conn, City Attorney W~yne Moody, Planning Director (10:10) Ray W. Foreaker, City Engineer Louis V. Brunini, Superintendent of Public Services :!~llen K. Hecht, Minute Clerk III.. ArraOVAL OF MINUTES ... ~-~---....-..--_. No. 199; June 15, 1970 Action: Apppoved. t::Lth the unanimous consent the Chair 0~~crcd a reading of Minutes No. 199 of June 15, 197U, waived, and directed their ~,p?c7~1. . No. 200; June 22, 1970 Action: Apppoved. Sennett ask~d th:-:t Miss Polly Smith on page 4 be changed to Mrs. Polly Smith. - Tl"!.~re being no further corrections, with unanimous consent, the Chair ordcr~d a reeding of f1inutes No. 200 of June 22, 1970, waived, end directed t~-:~::t:' ["7':. ~':"0".].1" IV.. RESOLUTIONS AB 378 Pl1END~m~TS OF TIm M~STE~ SALARY PL\N ADOPTION, 1970-71 SALARY PROGRAM A~tion: Mattep continued tD '1/81/10. By AB 378 of July 20, 1970, the Committee on Finance and Administra- tion brought before the conn~il a resolution amending the Master Salary Plan by changing the basic salary unit schedule and adding an employee dental plnn; a r~solution establishing the annual salary proeram; end a resolution fixing the salary of the City Manager. It was moved by Sennett, seconded by Rice, that the Basic Salar~ Schedule, !~hib~t A and -Schoa~le K be adopted 8S amendments to the Master Salary Plan. T~~ Chgir re~d a co~unication from Mr. Harvey Anderson which was in f~vor of granting a 5 percent raise to anyone earning less than $10,000 n ye~r, and also weB in favor of giving the Mayor and co~n~i1man a stipend of $150 a month. Ths Chair reprimanded the Independent Journal for misrepresenting the facts in recent articles printed on meetings held concerning tllC budget. r.~Ir.-..l{JTES 1'203 July 20, 1970 Page 1 , ", Becker ask~d that a vote on this matter be taken on the 27th of July so that he C3Y have more time to study the information. At th~ requp.st of Fc.nning, the Chair directed the City Manager furnish the council with bnckground information on the dental program before the ne}ct meet ing. Mr. Ralnpton Harvey spoke for separating personnel evaluation from salary evalu3tion, rf~co~mending personnel evaluation be considered at SOIDe other tine of the year. After discussiolj, by the council, the Chair suggested review of the annual sa1a:;~y plan h~ considered before November 30 rather than July Sl, eI":.J th2t st2.ff drfiw up an amendment to the ordinance ref1ecf--ol-r; t~11.." ..,~,.~,.,ry...l r'." 0 C;~-:o;i.r.'" t d thi" tt b b ht ..1. l~J I...j ....".....L.,Jl:: 0 _.n~ ~_(_~..._ a..rec e s ma er e roug beck a: t~e :~g~ m~sting 13 Auyust. It wes the ~cnse of the council thnt a vote on the salary plan be taken on July 27th ~:a':1 the ~.otion of Sennett was withdrawn. AB 381 LIA ISON B~T~\CEa :.'::~.E CITIES OF BEI,VEItl:'~\.E -T J f :'-~.:_~~7 Action: PoZicy of cooperation endorsed. By An 3,~~1 of .J'!:.~:? ~"O ~ 1070, Jecker brought before ~he council the dr2.ft of: a :r'.~~>c. ;",1t';J~:' p:~:~~cntcd to the Belvedere C1.ty Council by tb.~i:t" ~i;~,7\Y:': ~J~'~~:::':'."::,~J_ :::~:)--),::,::-;in0 to est:['.b1ish a basis of liaison b'-::I.'" (:\.~. '_:-r.. r'! '--j~... J:'~ -',:11:1,... d TOb - t ~ .:.;.;. n 'L ~- '''::., .'. '_ .'_,-.,,; c __ .!.:~. __ vcc.&.;;:; re an :L uron. Mayor D~P8c2~1 r0ad th~ draft to the council. Becker asked that along with draina0A. o~ttcr3, the two communities might consider op:n f!paC9, a c')r:C1cn nse of the :railroad right-of-way, and the e~::plor;::ti(::1 of c~!.:~:..::r.~li~ir:g pUj:,chesing. Sennett suggested a com- t:'.itt~e nE~et to eXFIC"::~~ the joint use of equipment and facilities, and the de"l,l"elopm.,-;nt oJ: p~~cgr,;lmr, for public transportation. Ellinwood r2C0T~n~nd8J a joint rec~eation program, to include the unincorporated arC3S. The Chair DU~:'''GeGteJ a mem'ber of the Belvedere City Council ~~t as a coo:\~din?tj_';"9 rn.::IJ.bcr en the downt9wn committee. It TtJas mlJ.""~:-:1 by Far!!.11r.1g, seconded by Sennett, that the council endorsGG the I;clicy of Gutunl cooperation with their sister city of Bel vec1ere [1n.~J tI.!.r~ ': thG st::ff be directed to work with the Be lvedere City staff to drt:1\J \1:' u liet of items of mutual concern with which the two cities cnu work ~ast effectively and this list to be augmented by fl1:::-ther policy matters at the council level of both cities. With the COZ!f. ~~2.t of F:40':.1in3, Ellinwood amended the motion to include that this t-:;.kc th.:~ fO-:~:':l of a resolution to be adopted by the city. Becker fiU832Gt2d tb:;~:z be a council liaison and that a person from each council be asked to report back to the council for an inter- change. Qu~stion wns called on the motion, as amended, and the motion carried: AYES: NOES: ABSENT: GO'01~CI.l,MEN : CO~:NCI~H : COJNCILHEN: Becker, Ellinwood, Fanning, Rice, Sennett r~one 1': :)ne The Chair directed Eecker follow through at council liaison level 'tvith Mayor Dresch::1 or w~loever he suggests and with staff's recom- mendations. r:INUTES 11203 July 20, 1970 Page 2 AB 369 COUNTY CONTRACT SERVICE CHARGES Action: Matter tabled. AB 369 of June 22, 1970, was introduced by the City Manager with the request an effort be made to try to get the 2 percent minimum contract charge stricken by the county. Ellinwood suggested bringing this to the attention of the supervisors might worsen the situation. The Chair directed this matter tabled until there is an indication from the county, either at the staff level or the County Board of Superviso~s, that they would favor eliminating the charge. AB 368 SETTING HEARING DATES Action: Eight (8) hearing dates set. By AB 368 of July 13, 1970, the Planning Director brought before the council a status report of current, pending and proposed hearings regarding planning matters at the council level. In regard to th0- Tiburon Boulevard alignment, the Chair directed, with the consent of ths council, that that item be removed from committee and be referred to the Planning and Parks and Recreation Commissions. The Cluster Zoning Ordinance and the Tiburon Trails Plan, Phase II, were rcturaed to th~ Planning Commission for further study. By co~scnt, th~ follo~inG dates were approved: Rezonine, Ht. Tiburon, RO-l to RP - August 10 Parking aDJ LoadinG Ordinance - July 27 PD Master Plan, Tiburon Lodge - July 27 A1lO't.J Servant's Qtrs. in RO-l zones - August 24 Allow Horses by Use Permit - August 24 Rezoning, NWP Rc:ilroad R/W - July 27 PD M,::1ster Plan, Harir.'2ro Circle - August 10 PD Precise Plan, Tib. Lodge Mgr's. Qt~s. - August lO AB 379 ADJUSTI.mNTS 07 RATES FOR Gf.:~'.:" .~~ COLLECT:LON SERVICE, MILL VALLEY REFU SE CO., It;C.. AB 379 of July 20, 1970, was introduced containing a request by the Mill Valley Refuse Co. for adjustment of rates for garbage collection service. Action: Referred to Finanae & Administration Committee. The Chair directed this matter to the Finance and Administration Committee, to be returned to council. V. REPORTS AB 380 FINDINGS CONCERNING RACCOO~ LANE Action: Referred to Publia Serviaes Committee. Sennett introduced AB 380 of July 20, 1970, a report on a complaint of 19 Tiburon residents living in the vicinity of Raccoon Lane who objected to the use of vehicular traffic on Raccoon Lane between Mar West and Centro West Streets. Ellinwood reported the strip of land in question had been the subject of a lawsuit. Mr. and Mrs. Palmer Fields had filed suit against Mr. Silve~ae~g, who had filed a quitclaim deed on the Silberberg ** MINUTES 11203 July 20, 1970 Page 3 ** Correction to the minutes - See Minutes 11206 .1J% property in question. The Superior Court ruled Mr. Silverberg had no right, title or interest and that the property belonged to the abutting property owners. Mr. Silve~ge~g is now appealing the decision. Silberberg ** Mrs. Grace Pastori stated there has always been an easement for walking on the property in question. She also spoke of the flooding problems in the winter in this area. Mr. Louis Soldavini objected to the county owning the land and not properly maintaining it and felt the city should own the property so it could be properly maintained. He spoke of flooding problems in the area. Ellinwood suggested research be done into the offer of dedication in the past and the city consider accepting the property at this time. The City Engineer stated in this case it would be d;~~~- - for the abutting property owners to dedicate the ~-- the pending appeal. to page.4'had de be made ted th~: lt prec1u Mrs. ~. H. Price 8n,...1.. - o\"ling chani~in\'10o~ st~l?peal y(\~g l\ _ traffl.c. the foll 1i. . · E, pend1.ng u eques~ed eS ~203~ d that tne,s ti~e. Ellinwood ~ of ~;l3.nut ars ago an eta'! at th1. __.... J.n regard to the land aragraph couple ye ta)t colle -_..-payment of taxes, Ellinwood stated ~ccurred a we county ___': ~- -ta-El- -t.a~- -e.oJ..J. .e<<~-.:i.s- -iWW- ..awa.i..t.i~- action bY - -- -t:.ae- f>€~~- -a.ppea-l- -b&f~.e- -t-ak~.ag- .f~.t:.be-:r- ~~.Q{h See * * attached correction. The Chair directed this matter to the Public Services Committee to study the question of taking the dedication of the lane for the city as an easement for sewer, for public right-of-way, or both, and in that connection, closing it off for vehicular traffic. The public will be invited to work with the committee, who will also meet with the City Attorney, and return the matter to the City Council. RECOMMENDATIONS 70R PROCEDURAL AND SUBSTANTIVE CHANGES Action: Two (2) ruZes adopted. It was moved by Sennett, seconded by Ellinwood, that the City of Tiburon declare it as its policy that in all recommendations, ordinances and resolutions referred to the City Council by the Planning Commission or the Parks and Recreation Commission which are referred to a standing or adhoc committee of the Council, a member of the referring commission shall be designated by that commission to attend all meetings of that committee and actively participate in its deliberations. Any recommendations emanating from the committee of the Council, however, are to be the recommendation of the Council members only. With the approval of Sennett, Ellinwood asked that the motion be amended to delete the word "all" as follows: II. . . by that commis- sion to attend :fill meetings of that committee. . .11 Question was called on the motion, as amended, and the motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCIL~tEN : COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett None None It was moved by Sennett, seconded by Becker, that the City of Tiburon adopts as its procedure that all suspense calendars of the City Council, Planning Commission and Parks and Recreation Com- mission shall be published no less than four times a year and be distributed to all members of the Council and Parks and Recreation and Planning Commissions. At the request of either or both commissions, and at the discretion of the Mayor, any item previously assigned to one commission's agenda may be additionally assigned for either independent or joint study to that commission making the request. MINUTES 1/203 July 20, 1970 Page 4 ** Correction to the m~utes - See Minutes 11206jj{ With the consent of Sennett, Rice requested the motion be amended to insert the following: If. . . at the discretion of the Mayor, exercised at a meeting of the council, any item. . ." Question was called and the motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett None None Consideration of the remaining items of procedure was continued. Annexation by Strawberry The City Manager read a note from the reporter for the Mill Valley Record that the Strawberry Recreation District Board of Directors recommended the Local Agency Formation Commission authorize the City of Tiburon proceed with the annexations. VI. ADJOURNMENT It being now the hour of 11:05 p.m., July 20,1970, and there being no further business to come before the council, the Chair declared the meeting adjourned sine die. ~ ~Z? , ~o -CED~-R E, itY~erk Approved by the City AUQ:ust 10 MINUTES 11203 July 20, 1970 Page 5 J CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Denis T. Rice at 8:15 p.m. , July 27, 1970, in the City Hall Council Chambers. I I . ROLL CALL PRESENT: COUNCILMEN: Mayor Rice, Becker, Ellinwood, Fanning, Sennett ABSENT: COUNC ILHEH : None EX OFFICIO: Lawrence D. Rose, City Manager Robert L. Kleinert, Assistant City Manager Robert I. Conn, City Attorney Wayne Hoody, Planning Director Ray W. Foreaker, Jr., City Engineer Phil V. Scott, Development Administrator Louis V. Brunini, Superintendent of Public Services Hellen K. Hecht, Minute Clerk III. APPROVAL OF MINUTES No. 201; June 29, 1970 Action: A~pPOved. With unanimous consent, the Chair ordered a reading of Minutes No. 201 of June 29, 1970, waived and directed that the minutes be approved. No. 200; June 22, 1970 Action: Approved The Chair directed the following action be inserted for AB 365 on page 6 of Minutes No. 200: "Revised consonant with the direction to relocate the stop signs.if Becker asked that the nc,me "Reese" in the second paragraph of page 7 be changed to E!!es~. With unanimous consent the Chair directed the above corrections be made to Minutes No. 200 of June 22, 1970, which had been approved on July 20, 1970. IV. ORDINANCES AB 374 PROPOSED AMENDMENTS TO PARKING & LOADING ORDINANCE Action: Hearing opened, matter aontinued to 8-l0-70. The public hearing was opened and the matter was continued to August 10. AB 382 ELIMINATION OF DEPOSITS FOR CATV SERVICE - CLEARVIEW Action: Ordinanae passes first reading, returns 8=lO=70 for adoption. By Bill No. 382 of July 27, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO. 12 N.S. BY MODIFYING CERTAIN RATES AND CHARGES PROVIDED FOR IN THE CATV FRANCHISE TO CLEARVIEW CABLE SYSTEMS, INC.~ AND REPEALING ORDINANCE NO. 50 N.S., came on for introduction and first reading. Further reading was waived by unanimous consent and the ordinance was read by title only. MINUTES Ift204 July 27, 1970 Page 1 The ordinance having been so read, motion of Fanning, seconded by Becker, that the ordinance be considered as having passed first reading, carried: AYES: NOE S : ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett None None AB 385 REZONING: NWP RAILROAD R/W A.2, RO.1, RO.2, R.I, and R.3 to lip" Action: O~dinance passes fi~st ~eading, ~eturn8 8-l0-70 fo~ adoption. By Bill No. 385 of July 27, 1970, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON REZONING CERTAIN PROPERTY FROM A.2, RO.l, RO.2, R.I, and R.3 to "P", came on for introduction and first reading. The chair declared the public hearing open. Motion of Fanning, seconded by Becker, to read the ordinance by title only, carried: AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett NOES: COUNC ILMEN : None ABSENT: COUNCILMEN: None The ordinance was thereafter read by title only. Motion of Fanning, seconded by Becker, that the ordinance be considered as having passed first reading, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNC ILi'\1EN : Becker, Ellinwood, Fanning, Rice, Sennett None None v. RESOLUTIONS AB 378 AMENDMENTS OF THE MASTER SALARY PLAN ADOPTION, 1970-71 - SALARY PROGR&~ Action: Resolutions No. 305, and 306, and 307 adopted. By AB 378 of July 27, 1970, the committee on Finance and Administra- tion brought before the council a resolution amending the Master Salarv Plan by changing the basic salary unit schedule and ~~ making a provJ.s~lfor ad 1 1 1 0 blo hO h 1 1 ~~~ enta p an; a reso ut~on esta ~s ~ng t e annua sa ary program; and a resolution fixing the salary of the City Manager. ** The committee moved and seconded the adoption of Resolution No. 305, amending Exhibit A, the basic salary unit schedule and adding Schedule K. Sennett stated the committee is recommending that the items pertain- ing to adjustment of salaries, relating both to the Master Salary Plan and the annual salary program, remain within the finance committee structure for further review, to be brought on to the council's agenda in October by the committee for review and study by the council at that time. Mr. Michael McGuire, a city employee, felt a 5 percent raise was adequate only if the dental plan is accepted. Mr. Harold Hobbs stated the 5 percent increase along with the step increases amounted to 10 percent increases, which he felt was very genexous in view of the economic state of the country. After further discussion on the matter, question was called and the motion to adopt Resolution 305, amending Exhibit A, the basic salary unit schedule and adding the dental plan, carried: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett None None MINUTES 11204 ** Correction to the minutes- See Minutes 11206JJ~ July 27, 1970 Page 2 The committee moved and seconded adoption of Resolution 306, establishing the annual salary program for the City of Tiburon. Mrs. M. H. Price felt the step system was unclear and suggested a better system might be instituted. To a question by ~lr. Stewart Hopkins, the Chair responded the council makes the personnel evaluation decisions, which will be done in October. It was moved by Becker, seconded by Ellinwood, to remove Exhibit F, Schedule of Allowances, from the exhibits appended to Resolution 306. Mr. Harold Scnw2rtz felt $125 a month car allowance for the City Manager amounted to ~Jch m~re than it would cost to operate a car. Question was called on the motion to delete Exhibit F from Resolution 306, end the motion failed: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILl1EN: Becker, Ellinwood FDnning, Rice, Sennett None Question was now called on the motion to adopt Resolution 306, establishing the annual salary program, and the motion carried: AYES: NOES: ABSENT: COUNC ILlyIEN : COUNCILMEN: COUNCILMEN: Fanning, Rice, Sennett Recker, Ellinwood None The committee noved and seconded the adoption of Resolution 307, fixing the salary of the City Manager. The last paragraph of the resolution was changed to reflect the resolution was passed and adopted at a regular meeting of the City Council on July 27, 1970, instead of an adjourned meeting on July 20th. Question was called and the motion carried: AYES: NOES: ABSENT: COUNCILMEN: COUNC ILMEN : COUNCILMEN: Fanning, Rice, Sennett Becker, Ellinwood None RECESS A recess was taken at 9:30 p.m., the council reconvening at 9:45 p.m., the roll standing ~s originally taken. VI. MINUTE ORDERS AB 145 PD MASTER PLAN, TIBURON LODGE AREA ORDINANCE Fred Zelinsky By AB 145 of July 13) 1970, the Planning Director brought before the council a PD Master Plan for the Tiburon Lodge area, which pro~ posed additions to the Lodge and construction of a two-story bank- office building. Action: Hearing opened, matter aontinued to 8-l0-70. The Chair declared the public hearing opened and continued the matter to August 10 in order that Mr. Ze1insky's attorney might be present, and to give the council an opportunity to review Planning Commission Resolution 84. MINUTES 11204 July 27, 1970 Page 3 AB 348 LOCAL TRANSIT SERVICE, PROPOSAL OF MARIN COUNTY TRANSIT SYSTEMS, INC. Action: Report of the committee aaaepted, matter aontinued for resolution and discussion of aosts. AB 348 of July 27, 1970, was introduced proposing establishment of an intra-city transit service. The Public Services Committee presented its report containing the following recommendations: 1. The city provide a direct subsidy of $660 per month ($6600 for the remaining 10 months of the fiscal year) to the company in return for which the company will provide the following -- which shall be contained in the form of a written contract. a) Free boarding of all passengers within the limits of the City of Tiburon with one exception (Bel Aire district) on a route or routes speci- fically negotiated by the city. b) That these routes and time intervals will be fixed by the City of Tiburon; however, no service at any point shall be on less thanan hourly basis. c) That the times for operation of this specific route will be Monday-Friday from 8:30 a.m. to 4:30 p.m. d) That the city will reserve the right to reconsider and alter routes and/or time intervals after the first three months of experience. 2. The city will communicate formally with the cities of Belvedere and Mill Valley and encourage them to give serious consideration to developing a similar program of support. Ellinwood explained ~o regard to.l.a~ the Committee recommended including Bel Aire/In18~de~ EH5e1fne ~fuaebfslffb~Sthe Bel Aire ** School may ride the bus. Fanning requested the staff check with the Reed School District in regard to their rules and regulations regarding school children using the busses. There being no objection, the Chair received the report and directed that the staff prepare a resolution embodying the points in Item 1 of the report, that MIS be contacted, and the matter brought back on August 10 for further discussion and review of the amount of the subsidy. The Chair stated he would dictate a letter as sug- gested in Item 2 of the report. Mr. Stewart Hopkins objected to the subsidy. In response to his request, the Chair directed staff to send him reports that have been on the agenda since May lIon this matter. The Chair noted a letter from Mrs. M. H. Price objecting to the city entering into a contract with the Marin Transit Systems. AB 370 CIVIL DEFENSE DISASTER ACCREDITATION Action: Continued Continued. MINUTES 1ft20l{. July 27, 1970 Page l:. ** Correction to the mi~utes - See Minutes #206. J1~ AB 383 CONTINUATION OF CATV FRANCHISE EVALUATION & LOCAL PROGRAMMING Action: Report of C.M. accepted and evolvement of recommendations ordered. By AB 383 of July 27, 1970, the City Manager brought before the council the following recommendations made from a study on the continuation of CATV franchise evaluation and local programming: 1. That the City Council require Clearview to utilize their Channel 6 for local origin programming, including the wecther/TI1 channel required by their franchise, in complinnce with the tentative FCC rule and the city code; 2. That they be nsked to advise the city on the number of channels which their p~esent system has the potential to cnrry, and Wh2t it might cost to expand that system to 20 o~ more channels; 3. That Clear~ie~J be authorized, if they wish, to make a survey of residents to determine what type of programming would attrnct patronage, the survey to be prepared in conjunctio~ with the city; 4. That the City fittorney be asked to consider amendments to the city code establishing a broader regulation of service quality than now exists; 5. That the city invite other public agencies franchising Clearview/Televue/Columbia CATV operations in Marin to form a Rates and Service Conference for the mutual advantage of the agencies and the franchisees, having special consideration for the fact that such facilities as head-in equipment and receivers are shared and the improvements created by the efforts of one ar~.:of benefit to ::!ll. Mr. Leonard Bergseth~ rep~esenting Clearview TV, stated they will be controlled by the FCC in regard to recommendations 1 and 4; re No.3, they would be happy to conduct a survey and work with the city; and they fully concur with recommendation 5. The Chair directed the City Manager to formally contact the other cities with reference to the formulation of a Rates and Service Conference, as sugG2sted in item 5; that the City Manager be authorized to ~ake the inquiry in item 2; that Clearview be authorized under item 3 to make the survey; re item 4, that the City Attorney be asked to consider amendments to the City Code for regulations of service quality, with the thought that if and when the Rates and Service Conference can be constituted, they may want to consider the amendment, along with results obtained from items 2 and 3. No action will b2 taken on item 1 at the present time. The Chair further directed a report be made by the City Manager at such time as he's received responses from other cities, and no later than the first meeting in September. AB 367 APPLICATION FOR CATV FRANCHISE - t;C:t.Ll~ TV of Marin Action: Application approved conditionally, ordinance to be prepared. By AB 367 of July ~7. lq70~ the Public Services Committee brought before the council application of Cable TV of Marin for a franchise to provide service in four specific locations within the city, which matter had been continued from June 22 for a committee report. The committee moved and seconded (1) that the application be approved subject to the negotiations of an agreement between the MINUTES 11204 July 27, 1970 Page 5 applicant and the City for the retention at applicant's cost of a consultant to be selected by the city who would be retained to evaluate the technical quality of the service to be supplied and its conformance with the technical requirements of the city code and other relevant technical matters; (2) the City Attorney be instructed to draft an ordinance issuing the franchise, for introduction at the first regular meeting in August; (3) the ordinance be considered for first reading upon introduction, provided that second reading and adoption would not occur until after the report of the consultant had been received and considered; and (4) the committee would also recommend that the applicant be requested to make every reasonable effort to bring his fee structure in line with the fees charged by C1earview in the city. With the consent of the com:nittee, Becker amended the motion to include the provision th~t the franchisee be required to deposit a sum of money with the city in order that the city might retain a consultant, to be paid from the deposit fund, to test the signal and quality of reception. In response to a questio~ by ~r. Howard Leistner as to the need for hiring a consultant to test the quality of reception, Ellinwood responded the ordin:lnce has certain technical requirements which must be met and can only he judged by a trained consultant. The Chair ordered the corrmittee's recommendations be accepted with the unanimous consent of the council, and that the City Attorney be instructed to draft an ordinance for introduction at the second regu- lar meeting in August; that item 3 be the same; that item 4 be the same but include Councilman Fanning's suggestion that in drafting the ordinance it be broad enough to include the contiguous areas to this franchise proposed to be annexed by the city. ** CABLE TV ** Mr. Robert Pace of~~~-~ informed the council they will be turning on cable TV on Paradise Drive and later on in the week will be hooking up residents on Taylor Roa~ ~the city had a $1,000 cash bond from his company for ~~. , which was then transferred ** to the Taylor Road construction, and can now be put into the consult- ant proposal. To a question by th~ City Manager, the Chair responded the city could proceed with plans to hire the consultant. AB 384 STATUS OF HEARING DATES - PLANNING Action: Various dates set. By AB 384 of July 27, 1970, the Planning Director brought before the council a status report of current, pending and proposed hearings regarding planning matters at the council level. By consent the following dates were approved: Rezoning, Mt. Tiburon, RO-l to RP - August 10 Cluster Zoning Ordinance - at Commission level Parking and Loading Ordinance - July 27 PD Master Plan, Tiburon Lodge - July 27 Tiburon Trails Plan, Phase II - at Commission level Allow Servant's Qtrs. in RO-l zones - August 24 Tiburon Blvd. Alignment - at Commission level Allow Horses by Use Permit - August 24 Rezoning, N~W Railroad R/W - July 27 PD Master Plan, Marinero Circle - August 10 PD Precise Plan, Tib. Lodge Mgr's. Qtrs - August 10 HINUTES 1F20L.l July 27, 1970 Page 6 ** Correction to the minutes - See Minutes #206.~/ p , VII. REPORTS AB 373 JOINT DRAINAGE COMMITTEE RECOMMENDATIONS Action: Resolution No. 380 adopted, committee asked for $20,000. budget proposal. AB 373 of July 27, 1970, was introduced containing a resolution of the City of Tiburon proclaiming its intention to cooperate fully with Tiburon Sanitary District No. 5 in solving problems relating to infiltration of sanitary district lines during flood and storm conditions. Motion of Ellinwood, seconded by Becker, to adopt Resolution 380, carried: AYES: COUNC ILI1EN : Becker, Ellinwood, Fanning, Rice, Sennett NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The agenda bill also contained a report from the City Engineer to the City Manager giving hie rough estimates of the total cost of $71,000 of establis~ing the temporary system for a pumping facility located at the Tiburon Peninsula Club pond and recommendations regarding the tide gate in Beach Road near Main Street. Becker reco~mended they simply try to develop a plan which puts the best use to a sum of money which appears appropriate to the council. He recommended program guidelines be set up, working with the City of Belvedere, and suggested making the Tiburon Peninsula Club pond continuous so that it will dump water in the straits; and rather than sizing the pump to a 25-year storm, size the pump to the ditch. The City Engineer responded to Ellinwood's suggestions as follows: a pumping system restored in conjunction with dredging at the Tiburon Peninsula club pond would be beneficial; . . he doesn't believe work would be beneficial at Cove Road and Tiburon Boulevard; an additional tide gate in the storm drain that goes from the bus stop under Main Street would not be effective; replacing the tide gate on Beach Road has already been budgeted; hydro-mulching Red Hill would be ineffective because of the erosion. The Chair sug- gested the City Engineer consider the figure of $20,000 for correct- ing the drainage problems on a short-term basis. Mayor Drechsel of Belvedere questioned what could be done to meet the'July 31st deadline imposed upon the Sanitary District by the Bay Area Hater Pollution District. He agreed the $71,000 figure was unrealistic and recommended the two councils study ways to handle the problem at a lower cost. The Chair appointed an adhoc committee of Becker and Ellinwood to work with Mayor Drechsel to bring in recommendations at the next meeting as to whether or not the $20,000 is a realistic figure. Senre tt asked for recommendations on specific projects to be accomplished by the end of this calendar year and specific costs involved on each one of the projects. The Chair stated the Finance and Administration Committee next month will be including funds in the budget for this matter. VIII" ITEl'-1 NOT ON THE AGENDA AMENDMENT OF COUNTY MASTER SERVICES AGREEMENT Action: Mayor authorized to execute :peneUJal. The Chair introduced a proposal to amend Exhibit A, Sheriff's Services Fees, of the Master Services Contract with the County of NINUTES 41204 July 27, 1970 Page 7 Marin so as to replace the former Exhibit A, which had expired as of the lst of July of this year. There being no objection, the Chair stated his intent to execute the agreement on the behalf of the City. J:X. QUESTIONS Appointments to Downtown Committee With the consent of council, the Chair appointed the following persons for the downtown special committee, pursuant to the resolution enacted by the council: Mr. Joseph }I3rshall, a former Planning Commissioner Mr. Al Kuhn, Planning Co~~issioner Mr. Carlisle Jecker) Councilman Dr. George Sugarman, president, Chamber of Commerce, Tiburon Mr. Donald T~yer, Parks and Recreation Commissioner Mr. Alan Stein~u, to be the liaison man from Belvedere The Chair stated the corr~littee itself can choose the sixth member for the committee. Vacancy on Parks and Recreation Commission At the suggestion ox Becl~er, the Chair directed publicity be given to the fact that a vacGncy exists on the Parks and Recreation Com- mission and interestec individuals are invited to apply. Regional Open ~pace Pla~s Ellinwood advised she and Mr. Becker would be present at the Association of Bay Aren Government meeting on the regional open space plans, 8nd they would both vote for it. Paving the Downto~g ~arking Lot the NWP ID1inmod~estio~:3dv]he~er- orFnoU~iOntcan be taken against-~L. r 0, ~ ead 0 .agal.n Hr. .re Ze Ins Y. _1.. , -f- '1"1-_ J:-J::; Y-J:.a- gaFG- -~'Y3:-eg-- ewe 9Wa-p.&~J:.eg-~~.--J:-L-tW-- - -CGa.:b~ -ad-v.:bseG -t;.A.e.i:'j;. ~~i:-~ -has- -e-}f~:bte4 -aee. -&ke-y -J.:l.a.-y:e. -RGE- -dGae -1;.ge ---~~~:bag.-~-~&~e4-&~a~~-eea~ae~-&aem-ea-~a~&. ** Strawberry Annexation Ellinwood recommended Tiburon withdraw its application to the Local Agency Formation COillillission for the annexation of Strawberry for a year. The City Manager advised Mill Valley has officially sub- mitted a request for reconsideration of their application. It was the sense of the council that Tiburon should proceed with its plans for annexation, particularly in light of the support now shown by Strawberry. x~ ADJOURNMENT It being now the hour of 12:15 a.m.~ July 28,1970, and there being no further business to come before the council, the Chair declared the meeting adjourned sine die. ~ ~/O~ mENC D. E, City Clerk 1~-----jL-' 1970. \~ CITY OF TIBURON MINUTES 1ft20l} on: Approved by the City Cou July 27, 1970 Page 8 ** Correction to the m~nutes - See Minutes #206~~ I CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER A special meeting of the City Council having been duly called by the Hayor for tbe purpose of acting on drainage studies for the DOWntown and Reed basins, the meeting was called to order at 8:25 p.m., and the roll was taken. II. ROLL CALL PRESENT: ABSENT: EX OFPICIO: COUNCILMEN: Mayor Rice, Ellinwood, Becker COUNCILMEN: Panning, Sennett Lawrence D. Rose, City Manager DRAINAGB STUDIES Authorization to Retain Consultant Becker introduced various charts and diagrams detailing the areas of consideration in the Downtown and Reed basins. Debate ensued on the necessity of determining what can be achieved in the way of improvement of the Downtown and Reed basin drainage systems prior to the advent of winter weather. Following further discussion of the action by the City of Belvedere to allocate $2,500 on a matching basis for the retention of a cODsultant, it was moved by Rice, seconded by Becker, to budget and appropriate the sum of $2,500 for special consultation and contract engineering for the Downtown and Reed basins as a sum matched to tbat appropriated by the City of Belvedere; the consultant to provide an inventory of existing drainage facilities, problem areas and prior proposed solutions; an evaluation of that inventory; formulation of proposals for design principles for immediate and long-range projects; a policy review by the City Council, based upon which he would then present a workable program to be reviewed by the City Council for tbe purpose of establishing priorities and construction phasing. The question being called for, the motion was adopted. It was tbe sense of the Council that the program should be broken into two phases. the first phase to provide for immediate yield in the current calendar year. the second phase to provide for high yield over a longer period of time; further, that the action now taken should be implemented, preferably through .a Joint Powers Agreement executed with the City of Belvedere. Becker was authorized to proceed with arrangements for interview and selection of the consultant and the City Manager was instructed to discuss with the City Attorney the matter of preparing a Joint Powers Agreement. There being no further business permitted under the special call. the meeting was adjourned at 9:25 p.m. L~Y<:;] LAWRENCE D. ROSE City Clerk Approved by the City Council on: AUQ:ust 24 , 1970 MAYOR OF THE CITY OF TIBURON HINUTES #205 August 4, 1970 I