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HomeMy WebLinkAboutTC Min 1965 - 1966 (August thru January) ~-77n~ Council Minutes #~ Commission Minutes #39 (Recorded) JOINT MEETING PLANNING COMMISSION, CITY COUNCIL CITY OF TIBURON August 18, 1965 I. CALL TO ORDER A joint moeting of tho Planning Commission and City Counci I, City of Tiburon, State of California, was cal led to order by Chairman of the Planning Commission, Stephen H. Nash, at 8:16 p.m., August 18, 1965, who thereafter caused to be read the notice of special ~oeting of the Planning Commission and the affidavit of mailing. Thereupon, tho rol I of the Planning Commission was called: PRESENT: COMMISSIONERS: Nash Macgowan Marsha II Rettig Newman -'. ABSENT: COMMISSIONERS: None Mayor Gordon W. Strawbridge cal led to order the members of the Cit" Council and caused to be read the notice of special meeting of the City Council, the affidavit of mai ling, and the waiver of special notice of Hoffmire. Thereupon, the rol I of the City Council was -.a I I ed : PRESENT: COUNCILMEN: E I I inwood Hannahs Parne II Strawbridge ABSENT: COUNCILMEN: Hoffmire I: ,.;) ehb j I~man of the P I ann i ng Comm i ss i on read the app I i cat i on of T i buron Tide I ands Co. fr -, use permit for a yacht harbor, commercial complex, parking lot, office building, and L..~: I ing units on parcels of land identified as Nos. I, la, Ib, 2 and 2a, being portions of assessor's map 59-160-04, 59-160-05 and 59-160-10, on both sides of tho street known as Paradise Drive, between Mar West and the southerly end of State Route No. 131. The chair put questions to Mr. Robert Moor, President of Tiburon Tideland Company, rcgQr~:. ~ the application. Mr. Moor stated that Tiburon Tideland Company has optioned Parcel No. I to the Tiburon Yacht Club, Inc., but that the other parcels were not part of the option, and that Tiburon Tideland Company, in the option to Tiburon Yacht Club, Inc., was I tged to handle the road and to accommodate the parking requirements which might be .posed on Tiburon Yacht Club, Inc. Mr. John M. Biggs, President of Tiburon Yacht Club, Inc. agreed that these were the terms of their option. The chair asked that the officers of Tiburon Yacht Club, Inc. be identified, Mr. Biggs stated that they were John M. Biggs, President; J. Brandt, Vico-President; Barry L. Bunshoft, Treasurer. Mr. Moor identified his appl ication dated 16 December, 1964, as being the application presently before the Planning Commission. As to what was appl ied for on Parcels I, la, and Ib, he stated that a yacht harbor to berth between 180 and 200 boats, a bui Iding with 15,000 square feet on the main floor and 13,500 square feet on the second floor, and a boat shop of some 2,500 square feet would be the principal uses; however, he asked that tho boat shop now be stricken from consideration. He stated that the parking area would be operated by whomever owned it; that the 85~000 square feet of area would handle a maximum of 250 cars at anyone time; that the owner would be free to determine whether to charge or not to charge for parking, free of any city requirements. Tho chair then proceeded to determine what documents, drawings, renderings, and etc. were lart of the application. A master plan prepared by one, Oglesby, was marked Exhibit A. ., map prepared by Britt and Associates, dated 26 January, 1965, was marked Exhibit B. A rendering by one, Sagal, dated June 1964, was Exhibit C. A map of unknown origin showinJ property lines, bearing a first date of 2 April, 1962, was marked Exhibit D. The appl iCG~ :on of Tiburon Yacht Club, Inc. to the Army Engineers, No.66-4, 20 Ju'~ for a permit to build a yacht harbor, was marked Exhibit E. An amended drawing for Tiburon Tidelands Company, dated March 1965, showing berths in the master plan was marked Exhibit F. -1- Counc i I #57 Commission #39 8-15-65 A rendering dated 24 March, 1965, was marked Exhibit G. An amendment to Exhibit F, =.~arcd by Tiburon Yacht Club, Inc., dated 15 July, 1965, was marked Exhibit H. A llcering in color by Tiburon Yacht Club, Inc., undated, was marked Exhibit J. An aero- photo by Aero Photographers, dated 3 June, 1963, was marked Exhibit K. Letters from the Tiburon Yacht Club, Inc. dated 16 August, 1965; addressed to the Citizens of Tiburon without date; to the Chairman of the Planning Commission, containing six points; undated; and a letter dated 27 July, 1965, were accepted as bearing on the appl ication. A letter from Britt and Associates, dated I I February, 1965, was similarly accepted. To a question from the chair, as to which of the various exhibits bore on the appl ication at present, Mr. Moor stated that he could not differentiate and that al I exhibits were submittod in support of the written appl ication. The Administrator of Planning and Development reviewed the history of the appl ication from the date of it's inception, 17 December, 1964, noting that it was first heard by the Planning Commission on I February, 1965, at which the first staff report was received by the Commission, which report was thereupon read. The Administrator also read the report of 19 July, 1965, and a letter from Mr. Warren Cal I ister, Planning Consultant to the City, dated 18 August, 1965, detail jng the progress of the planning project for the downtoh'n a rea · . ~~e chair thereupon surrendered the floor to the Mayor in order that members of the :y Council might be heard from. A letter from Margaret Azevedo, dated August 18, 1965, supporting the appl ication, was read by the Mayor. A letter from Mr. Ernest W. Chamberlai~, dated 18 August, 1965, supporting the application was read. A letter from the Dept. of Fish and Game urging delay of approval of bay fil I projects was read. A memorandum from the City Manager to the City Council respecting increased Federal funds soon to be available for open-space ~cc.uisition was read. Counci Iman Hannahs expressed agreement with the letter of Margaret Azevedo and askad if the Planning Consultant had been instructed specifically to examine the appl ication. Councilman Parnel I expressed her understanding that the appl icant at the moment sought a use permit for only half of the total land area, in particular for the yacht harbor and commercial building. She then read a letter of Mr. Moor dated 14 August, 1965, offering to sel I to the city lands in parcel 2 if a use permit for parcels I, la and Ib were to be issued. The City Attorney spoke with respect to the letter and statod that there was a serious questio, as to whether the city could enter into such an agreement, noting that some sideration would have to be given for an option, raising severe and compl icated legal plublem!!;, HO sttlted thdt -t-ha appl ication would have to be considered solely on it's merits and any propoSF\1 such as put forward by Mr. Moor would have to be considered after disposing of ~:i~ opplication for a use permit. Mr. Frederick E. Watson, attorney for the Tiburon Tidelands Company, expressed agreement with the City Attorney that no decision could be predicated on a bargain and that the permit would have to be considered only on it's merits. . fret i" nc i J man Parne II agreed, but expressed it as her be lief that the offer was tied ~.the use permit. "~,,,:\,ll t ~~r" t' ". ,~~ '".~ .~.." ,'-".. ......, ...., ""pw.. "....."'...... '<.~ ',I '7'J"L/~ COuncilman Ellinwood expressed a belief that this was a most important decision and ful I and adequate study was needed before a determination could be made~ Mr. Moor stated once again that a use permit for al I five parcels was being appl ied for at this time. Th~ Mayor expressed his opinion that the issue of acquiring open space had been raised to focus publ ic attention on the problem and stated a further be' ief that an open water front would so enhance other values as to off-set any possible loss of revenues. Thereafter he returned the floor to the Chairman of the Planning Commission and adjourned the City Council. -2- Counc i I #57 Commission #39 8-15-65 The Chairman of the Planning Commission invited expressions of opinions from the audience. . Mrs. LaMott urged that a pol I be conducted in order to determine pub! ic sentiment. · Gordon Russel I objected that the Yacht Harbor would erect a large wal lout into the vdY and that a tax should be levied for each foot of the harbor. Mrs. Juanita Aurgeguy, Mr. Howard El I is, Mr. Fred Mantegani and Mr. Sam Schnieder spoke in support of the appl ication. Mr. James Johnston, ~1r. Harold Schwartz spoke in opposition to any premature action. Mr. Allen Lipman suggested that an option offered by the appl icant in the amount of $1,000 for a term of six to eight months was a good offer. The City Manager submitted preliminary figures in support of his opinion that the Yacht Harbor would not produce revenues in excess of $15,000 per year to off-set possible municipal expenses which could arise as a result of the operations of the harbor. Mr. John Biggs demurred to the statements of the City Manager. The Chair invited an expression of opinions from members of the Planning Commission. Newman expressed the opinion that the City must temper it's desire for open water and asked if it was not possible at this moment to consider only the use as sought for Parcels I, la and Ib, a question seconded by Rettig. Marshal I inquired about Parcel 2a; questioned the effect of a large restaurant erected over the bay; questioned the effect of additional people generated by the use and it's effect on existing businesses; ouestioned the addition of 250 parking spaces for the project; urged delay in order that ~ consultan+ might first define the future of the downtown area. Macgowan questioned I I the waterfront could be preserved and at the same time put to it's best use; questioned whether there were i~deed any vested property rights when only an option existed; questioned whether it would not be necessary to sub-divide the land as a first step; questioned the propriety of the use of the Tiburon Yacht Club as a name; questioned whether it was right to establ ish a tax base on a single development when it would effect a larger area; questioned whether it was not incumbent on someone to present more substantial documentation of the feasibi I ity of the use; urged that the Commission not be influenced by pol itical decisions; pointed out the City's dedication to planning as a function of major importance; observed that the Commission was urging and pursuing waterfront planning as an urgent undertaking in view of the many imponderables pending. Nash stated his bel ief that the Commission must fol low through with tho planning program undertaken before making a decision. To the question from Commissioner Newman" tho Chairman expressed an opinion that the downtown planning program would consume approximately three months. . It was moved by Macgowan, seconded by Nash, that the Commission resolve: WHEREAS the City Council of the City of Tiburon did on the 14th day of Soptember 1964 adopt Ordinance No. 22, An Emergency Interim Ordinance Regulating the Use of Land and Bui Idings; AND WHEREAS, the the 23rd day of March 1965 the said City Counci I did adopt Ordinance No. 32, an Urgency Interim Ordinance Regulating the Division of Land; AND WHEREAS the Planning Commission has proceeded, and is continuing to proceed, in good faith with studies which shal I lead in a reasonable time to the enactment of permanent zoning, land use and land division regulations; AND WHEREAS, said Planning Commission has retained professional consultants for the purpose of continuing and completing studies reinforced by the benefits of a study and statement of principles and objectives by a select committee consisting of more than two hundred (200) citizens of the City of Tiburon which report has but lately been submitted to this Commission; AND WHEREAS, additional time is necessary to complete studies, to receive proposals from professional consultants, to examine the said studies and to draft and recom- mend to the City Council such laws and regulations as wi I I implement the purposes of this community and secure the publ ic safety, health and welfare; AND WHEREAS, the City of Tiburon has retained professional consultants to produce studies and proposals relative to the design and use of land and tidelands in the downtown or central Tiburon area, which studies have begun and are underway with a completion date anticipated within the next three months; -3- Counc i I #57 Commission #39 8-18-65 NOW THEREFORE BE IT RESOLVED; that the consideration of the use permit appl ication by Tiburon Tidelands be continued unti I such time as the aforementioned downtown or central Tiburon area study has been completed, presented to the Planning Commission for its evaluation, and such appropriate action has been taken by the Planning Commission as to show approval of such plan, or at least, its basic propositions. After debate of the motion, the rol I was cal led: AYES: COMMISSIONERS: Nash, Newman, Rettig, Marshal I, Macgowan NOES: COMMISSIONES: None ABSENT: COMMISSIONERS: None After having declared the meet n9 adjourned, the c~air with the unanimous consent of the Commission, ordered that the m nutes show the meeting was not adjourned because of pending business, with respect to the matter of which the chair was not aware. It was moved by Macgowan, seconded by Rettig; WHEREAS in the budget of the City of Tiburon, under the item Coordinated Planning Program, Phase V, Project G, Ad Hoc Consultation, there are sufficient funds, and; WHEREAS the Planning Commission has been advised by its consultants studying the downtown or central area of Tiburon, that it is necessary in the interests of the study to obtain additional detailed information relative to alternative methods by which the City of Tiburon might participate in the ownership, control or development of various lands in the downtown or central area of Tiburon. NOW THEREFORE BE IT RESOLVED: that since the Planning Commission concurrs in their opinion that the City Manager be directed to engage such special consultants as are necessary to provide the required information as enumerated by the downtown or central area consultant, the fee for said servicos are not to exceed $1,500. After debate as to the intended use of the additional sums thus appropriated, the rol I was cat led: AYES: COMMISSIONERS: Macgowan, Newman, Rettig, Nash NOES: COMMISSIONERS: Marsha II ABSENT: COMM I SS lONERS: None TI ~ity Manager was instructed by the Chair to ask the consultant, Cal I ister and Payne to express an opinion at this time, if possible, if a yacht harbor on property identified as Parcels I or 2 is possible, and to state his opinion in writing. Thereafter, no furrher business being permitted under the cal I for special meeting, the meeting was adjourned. tCt IVvt~.lA.. ,t 1.A. ~L ADnrn"t:~ by the Pfannin9 Commission on: LJ-AI<L) 7 1965 / 71Vc- CHAIRMAN, PLANNING COMMISSION r;I12g~ Approved by the Cjty Council on: ~~ ~* /_? .._------- 1965 A _-" >{j /hk.. IJ. /,} 4 V MAYOR / -4- Minutes #58 (Recorded) CITY COUNCIL CITY OF TIBURON August 23, 1965 I. CALL TO ORDER The regular meeting of the City Counci I of the City of Tiburon, State of Cal ifornia, was called to order by Mayor Gordon W. Strawbridge at 8:12 p.m., August 23, 1965. II. ROLL CALL PRESENT: COUNCILMEN: Hannahs Hoffmire Parne II Strawbridge ABSENT: COUNCILMEN: EI I inwood (Present at 8:15) I I I. APPROVAL OF MINUTES Motion of Ellinwood, seconded by Parnel I, to approve Minutes #56 of August 9, 1965, carried unanimously. ORDINANCES .4"L\TEMENT OF MECHANICAL AND ELECTRONIC NOISES Ordinance No. 39 An Ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON REGULATING AND PROHIBITING THE MAKING OF UNNECESSARY NOISES AND PROVIDING FOR A PENALTY THEREFORE, having passed first reading at a meeting of August 9, 1965, came on regularly for second reading and adoption, and was provisionally numbered No. 39 Motion of Ell inwood, seconded by Hoffmire, to read the ordinance by title only, carried unanimously: AYES: COUNCILMEN: EI I inwood Hannahs Hoffm ire Parne II Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None was moved by Hoffmire, seconded by Hannahs, to adopt Ordinance No. 39. It was requested by Mr. Erik Hodgman that the ordinance be read in ful I. The ordinance was ordered read and it was so done. After discussion, the question being cal led for, the motion carried unanimously: AYES: COUNCILMEN: EI I inwood Hannahs Hoffm ire Parne II Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTIONS APPROVE BUDGET PROPOSAL FOR ENGINEERING FUNDS Resolution No. 79 The City Manager explained the procedure for adoption of the resolution, and read the rosolution in fuJ I. Pg. I Counc j I #58 8-23-65 Counc i I #58 8-23-65 Motion of Hoffmire, seconded by EI I inwood, to adopt Resolution No. 79, Adopting and Submitting a Budget for Expenditure of State AI located (Engineering) Funds, carried unanimously: AYES: NOES: ABSENT: COUNCILMEN: EI I inwood Hannahs Hoffmire Parne II Strawbridge COUNCILMEN: None COUNCILMEN: None APPROVAL OF AGREEMENT FOR MAINTENANCE Resolution No. 80 Motion of Hoffmire, seconded by Parnel I to adopt Resolution No.' 80, approving Agreement for Maintenance of State Highway in the City of Tiburon, carried unanimously: AYES: NOES: ABSENT: COUNCILMEN: EI I inwood Hannahs Hoffmiro Perns II Strawbridge COUNCILMEN: Nono OFFER TO NEGOTIATE LEASE FOR CITY HALL COUNCILMEN: None Councilman Hoffmiro and Mr. Samuol Shapero reviewod tho ad hoc committeo roport to tho Council. Mr. Leo Karnoy, architoct for tho Tiburon Tidelands Co., stated that their offer was based on only preliminary sketchos without any definite program from tho City; that the floor plan could bo arranged to suit tho noeds of the City. Mr. Robert Moor, president of Tiburon Tidolands Company, stated that tho waterfront was a more attractive place than the Beach Rd. location, as offerod by the Belevodere Land Co, and that sufficiont parking was available. Hoffmiro pointed out that the Tiburon Tideland's offer was contingont on their option from tho railroad. It was movod by Hoffmire, soconded by EI I inwood, to continuo the matter to tho next regular meeting, to al low Mr. Leo Karney timo to submit a layout of another plan. The question being cal led, the motion carried unanimoUSly. ORDER OF BUSINESS Motion of EI I inwood, seconded by Hoffmire to suspend the regular ordor of business and take up the addendum, carried uananimously. ADDENDUM REVISED MASTER PLAN APPROVAL OF APARTMENT HOUSE PROJECT ON HARBOR HILL Harbor Oak Drive - Carter Corporation The Administrator of Planning and Dovelopment reviewod the staff report and the action of the Planning Commission of Aug. 2, 1965, conditionally approving the revisod mastor plan. Motion of Hannahs, soconded by Hoffmire, to confirm and approvo the action of the Planning Commission, carriod unanimously: AYES: NOES: ABSENT: COUNCILMEN: EI I inwood Hannahs Hoffm i ro Parno II Strawbridge COUNCILMEN: None COUNCILMEN: None Pq. 2 Counc i I #58 8-2'3-f)C) Counc i I #58 8-23-65 APPLICATION FOR RE-SUBDIVISION OF LOT 15, 16 and 17 Porto ~~rino Estates - Mr. Stanley Berney The Administrator of Planning and Development reviewod tho staff roport and the action of tho Planning Commission of August 2, 1965, approving tho appl ication for re-subdivision. Motion of EI I inwood, soconded by Hannahs, to confirm and approve the action of the Planning Commission, carried unanimously: AYES: NOES: ABSENT: COUNCILMEN: EI I inwood Hannahs Hoffmiro Parno II Strawbridge COUNCILMEN: Nono COUNCILMEN: None ARCHITECTURAL APPROVAL TIBURON FIRE PROTECTION DISTRICT Trestlo Glon Sub-Station The Administrator of Planning and Development reviewed tho staff report and the action of tho Planning Commission of August 2, 1965, approving tho architectural approval for the Trestle Glen Sub-Station of the Tiburon Firo Protoction District. Motion of Hannahs, seconded by Hoffmire to confirm and approvo the action of the Planning Commission subject to acceptablo landscape plans being submitted, carried: AYES: NOES: ABSENT: COUNCILMEN: EI I inwood Hannahs Hoffmiro Parne II Strawbridge COUNCILMEN: Nono COUNCILMEN: Nono APPLICATION FOR SIGN PERMIT 1920 Paradise Drive - Mr. Louis Britt Motion of Hoffmiro, seconded by EI I inwood, to confirm and approvo tho action of the Planning Commission, approving tho appl ication for sign permit, carriod unanimously: AYES: NOES: ABSENT: COUNCILMEN: EI I inwood Hannahs Hoffm i ro Parno II Strawbridgo COUNCILMEN: None COUNCILMEN: Nono ORDER OF BUSINESS The Chair decreed a five-minute recess. At tho expiration of tho appointed time, the meoting was reconvened. The Chair ordered that the rol I bo cal led: PRESENT: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge ABSENT: ' COUNCILMEN: None MINUTE ORDERS P~ JSAL TO SUBSTITUTE STORM DRAIN SYSTEM AND COMBINE WITH ADDEO SYSTEM From Beach Road to Tiburon Blvd. The City Manager stated that plans had boon submitted to the County Enginoer and State Division of Highways, as ordered by the City Counci I on August 9, 1965, and that studies aro under way. It was moved by HOffmiro, seconded by EI I inwood, to continue this matter. Pq. t 3 r.olJnr i I :/J~P. Counci I #58 8-23-65 Mr. Louis Britt presented tho background and dotai Is of a revised plan submittod on 23 August, 1965; and requosted goneral approval of tho approach and routing in ordor to ~ the project under way before inclomont woathor set in. Ine City Managor stated he thought it important to await the report from the county engineer on this plan. The City Attorney informod tho counci I that a change of an agroement might reloaso tho surety for tho Zel insky Safoway drainago plan in Boach Road. Mr. Frod Zel insky stated that ho would got a surety bond for the Tiburon Blvd. route. The City Attorney asked to examine a copy of tho bonding agreement before a decision is roached. It was moved by EI I inwood, soconded by Hoffmire that the matter of drainage be continuod unti I enginoering foasibil ity studios havo beon completed and their recommondations known, and to cat I a spocial meeting whon the City Manager indicates that tho matter is ready for action. Tho question being cal led for, carried unanimously: AYES: COUNCILMEN: EI I inwood Hannahs Hoffmi ro Pa rr.ft II Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ORDER OF BUSINESS Motion of Hannahs, seconded by Hoffmire, to suspend the regular order of business and take up No.5 of the Addendum, Appeal from decision of Planning Commission, Parking Lot, Mr. Fred Zel insky, carried unanimously. ADDENDUM APPEAL FROM DECISION OF PLANNING COMMISSION Parking lot, Mr. Fred Zel insky The Administrator of Planning and Development reviewed the staff report and the action of the Planning Commission of August 16, 1965, denying the appl ication for a use permit for a parking lot located at tho N.E. Corner of Paradise Drive and Tiburon Blvd. intersection (59-160-10). Mr. Fred Zel insky stated he was wi I I ing to turn over lease to the City on the parking lot three years after amortization of his inventment. After presentation of the parking plan by Mr. Leo Karney, architect for the appl icant, and a statement in support of the appl ication by Mr. Peter Friedman, the Counci I debated the merits of the appeal and tho question of the desirabi I ity of the City at this time undortaking to provide off-street parking as a municipal service. At tho conclusion of the debate, motion of Hannahs, seconded by EI I inwood, to affirm the action of the Planning Commission, carried unanimously: AYES: COUNCILMEN: E I I inwood Hannahs Hoffmire ParnG II Strawbridge NOES: COUNCILMEN: Nono ABSENT: COUNCILMEN: None ORDER OF BUSINESS Motion of EI I inwood, seconded by Parnel I, to suspend the standing rulo respecting the introduction of new business after the hour of 11:00 p.m. and take up Minute Order No.4, carried unanimously. Pg. 4 Counc i I #58 8-23-65 LLECTION OF BUSINESS LICENSE TAXES MINUTE ORDERS Counc i I #58 8-23-65 ~1otion of Hoffmire, seconded by EI I inwood, to collect business I icense taxes under the current Ordinance No. 27 with a provision that rebates or added taxes to be provided if ponding amendments of the business I icenso ordinance were adoptod was withdrawn after the Counci I was advised that rebatos could not be made unless the I icense taxes were paid under protest. Motion of Hannahs, secondod by EI I inwood, that business I iconse taxes be col lectod under Ordinance No. 27 for the first half of the year and under subsequent amehdments for the second half of the year was withdrawn after receipt of advice that taxes levied under Ordinance No. 27 would have to bo for a ful I year. After reviewing tho recommendation of tho City Manager contained in his memorandum dated August 18, 1965, motion of Parnel I, seconded by EI I inwood to suspend collection of business I icense taxes due and payable under Ordinance No. 27,pending adoption of amendmonts but to continuo to require appl ications for business licenses, carried unanimously: AYES: COUNC I L~1 EN : NOES: COUNCILMEN: ABSENT: COUNCILMEN: S~T TAX RATE FOR FISCAL YEAR /965-1966 E! I inwood Hannahs Hoffmire Parne II Strawbridge None None Tho City Counci' acknowledged roceipt of the report of the City Manager dated August 18? 1965, proposing an ad valorem tax rate for the fiscal year 1965-1966 of .195 on each One Hundred Dollars of assessed valuation to raise approximately $27,500 in revonues, and further recommending certain increases in the contingency fund total ing $3,000. It was moved by EI I inwood, soconded by Hoffmire, that it. be resolved to incroase the contingency fund from $6,200 to $8,200 with certain encumbrances. It being suggested by Hannahs that the contingency fund be increased to $9,200 without encumbrancos, the motion was withdrawn with permission of the seconder. Motion of EI I inwood, seconded by Hoffmire to adjust the budget for the fiscal year by increasing the contingency fund from $6,200 to $9,200, carried unanimously: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: E I I inwood Hannahs Hoffmire Parno I , Strawbridge None None Motion of Hannahs, seconded by Parnol I, to instruct the City Manager to submit a resolution establ ishing the ad valorem tax rate for the fiscal year 1965-1966 at .195 for each One Hundred Dollars of assessed valuation, carried unanimously: AYES: COUNCILMEN: NOES: COUNC I L~1EN : ABSENT: COUNCILMEN: E I I inwood Hannahs Hoffmire Parne II Strawbridge Nono None Pg. 5 Counc i I #58 8-23-65 Counc i I #58 8-23-65 nlJESTION OF AUTHORIZING FINANCIAL FEASIBILITY STUDY FOR PUBLIC ACQUISITION OF CERTAIN ,NOS - Reconsider motion of 8-9-65 to authorize I imitod study. The Mayor advised the Council that the pending question was a motion made on August 9, 1965, to reconsider a motion to order a foasibi I ity study on publ ic acquisition of a portion of the watet- front; that the motion was debateable but could not be post- poned, amended or committed. Parncl I spoke to the motion for a limited foasibi I ity study and to the proceedings in the joint meeting of the Planning Commission and City Counci I on August 18, 1965, with respect to the appl ication for a use permit to the Tiburon Tidelands Company pending before the Planning Commission. In order to purge proceedings of the motion, which she now considered to be inappropriate, she urged an affirmitivG vote on tho motion to re-consider. She proposed that feasibi I ity studies should be based upon a comprehensive general plan for the city rather than on a I imited area and proposed that the Counci I further direct the planning consultant to report to tho Planning Commission as soon as possible if a yacht harbor and related bui Idings can be al lowed on the water front, so that the Planning Commission could thereupon at onco approve or deny the Tiburon Tideland Company use permit. The question being cal ied for on the motion to reconsider, carried unanimously: AYES: COUNCILMEN: E I I inwood Hannahs Hoffmire Parne II Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Counci I was advised by the City Manager that tho Planning Consultant, Cal lister and Payne had beon asked for a answer to the question of the possibi I ity of a yacht harbor as ordered by the Planning Commission on August 18, 1965. Mr. Frederick Watson, attorney for Tiburon Tideland Company, urged upon the Counci I the financial hazard of the appl icant if a use permit wasn't granted before Sept. 17, 1965, at which time purportedloy the appl icant's options would expire. He referred to a letter dated August 23, 1965, stating.tho position of the appl icant proposing to bring suit for damages against the city and it's officers if a use permit did not issue. Hoffmire questioned the effect of the issuance of a use permit upon the value of property should condemnation proceedings ultimately be instituted by tho city. The City respondod that it was his opinion that the value would be greater if construction were commenced. Parnel I asked that the record show her objection to an appropriation by the Planning Commission of $1,500 for a feasibi I ity study, on the grounds that that it pre-empted the prerogative of the City Counci I. It was moved by Parnel I, seconded by Hannahs, to affirm the direction of the Planning Commission to the City Manager to ask the pianning consultants, Cal lister and Payne, to express an opinion at this tiw~, if possible, if a yacht harbor on property identified as Parcels I or 2 is possible, and to state their opinion in writing, and if this is compatible and desirable the Planning Commission be requested to issue a use permit or find the reason to deny it. EI I inwood asked the City Attorney if it was his opinion that tho Tiburon Tideland Company had property rights whon there is no equity, only a option to purchase. The City Attorney gave it as his opinion that whi Ie they might have rights under the option, they did not have vested property rights. Mr. Barry Bunshoft, attorney for the Tiburon Yacht Company raised quostions as to proper governmental procedures. Mr. Rampton Harvey spoke on proper planning procedures and the propriety of tho Planning Commission ordering a feasibi I ity study in relation thereto. Pg. 6 Counc i I #58 8-23-65 Counc i I #58 8-23-65 Mr. Gordon Russel I urgecl that complete planning advico bo obtained before making a decision on the use permit. To a question from the City Attorney as to whether or not he could renew his option on the lands in question, the aprl icant responded that tho Southern Pacific Rai I road had advised him that they were forwarding a letter stating that the option could not bo renewed. Thereafter, tho question on tho motion to affirm, carried: I~ YES: COUNCILMEN: Hannahs Hoffmiro Parno II NOES: COUNCILMEN: E I I inwood Strawbridge ABSENT: COUNCILMEN: None ADJOURNMENT Tho meeting was theroupon adjourned sine die at 1:40 a.m. ~~~~a?~ try CLERK Approved by the City Counci Ion: September 13, 1965 ,~~~ W ~#f/ Mayor . Pg. 7 Counc i I #58 8-23-65 .- ~ " August 27, 1965 I, Gordon W. StrawbrIdge, Mayor of the City of Tiburon, do hereby call a special meeting of the City Council of Tiburon, to be held at 5:30 p.m. August 31, 1965, at the Del Mar School for the foi lowing purpose: I. Set the tax rate for the fiscal year 1965-1966. /s/ GORDON W. STR~WBRIDGE cc: Press City Attorney Adm.P&D. Minutes #59 CITY COUNCIL CITY OF TIBURON August 31, 1965 /~ CALL TO ORDER The soecial meeting of the City Counci I of the CIty of Tiburon, Stato of Cai ifornia, was c~1 led to order by Mayor Gordon W. Strawbridge at 5:35, August 31, 1965. ROLL CALL PRESENT: COUNCILMEN: Hannahs, Hoffmire, Parne! I, Strawbridge ABSENT: COUNCILMEN: EI I inwood (Present at 5:45 p.m.) Pursuant to notice of special meeting dated August 27, 1965, tho meeting ~~as cal led to order by the chair for the purpose of setting the tax rate for the fiscal year 1965-1966. RESOLUTIONS FIXING THE RATE OF TAXES ON SECURED AND UNSECURED PERSONAL PROPERTY FOR THE FISCAL :AR 1965-1966 Resolution No. 81 Tho chair ordered Resolution No. 81, Fixing tho Rate of Taxes on secured and unsecured personal property for the fiscal year 1965-1966 read in ful I and it was so done. Motion of Hoffmire, seconded by Parnel I to adopt Resolution No. 81, Fixing the rate of taxes on secured and unsecured personal property for the fiscal year 1965- 1966, carried unanimously: ,A, YES: COUNCILMEN: EI I inwood Hannahs Hoffmire Parne II Strawbr i dgo NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ) further business being permitted under tho cal i for special meeting, the meeting was adjourned sino die at 5:50 p.m. Approved by the City Counci Ion: 1965 STATE OF CALIFORNIA) ) COUNTY OF MARIN ) Marrian P. Comstock, being duly sworn, deposes and says: I am the Deputy City Clerk of the City of Tiburon, said county and state, and on the 27th day of August, I mailed in a sealed envelope in the United States post office at Tiburon, California, with postage prepaid to individuals of the City Ceuncil of the City of Tiburon, a copy of a special meeting of the City Council of the City of Tiburon, to be held at 5:30 p.m. August 31, 1965, at the Del Mar Schoel. /'> . /--' //'<' / ~r VI - ,:: /~.../ -/-.,/ ./ //.: ',~. .", ~... r . ./ , ,. 7 ~'_ ....,-:- ' .: -7 /?"C ,'.' r'. t..--;<G . (..... // / (1.-"' -7,(, (... i C- .....:_1 ~ \, ) ATTEST: .- . ) ,/ . '" ---) .... .' / l r \: __ '! ;. ..-~ . . )\ (, ," ". J ( -_....- / . L-..,._.~/ -.:" . .. -- .. . -. ,.- tAWRE'NCE D. ROSE, CITY CLERK Minutes #60 (Recorded) September 13,1965 CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Counci I of the City of Tiburon, State of Cal ifornia, was cal led to order by Mayor Gordon W. Strawbridge at 8:10 p.m., September 13, 1965. II. ROLL CALL PRESENT: COUNCILMEN: E I I inwood Hannahs Hoffmire Parne II Strawbridge ABSENT: COUNCILMEN: None I I I. APPROVAL OF MINUTES Councilman Parnel I requested that Minutes #57, Page 2, 4th paragraph from bottom read: "Councilman Parnel I agreed, but expressed it as her bel ief thnt the offer was tied to '"'he use perm it. " Motion of Parnel I, seconded by HOffmire, to approve Minutes #57 of August 18, 1965, as amended, carried unanimously. Motion of EI I inwood, seconded by Hoffmire, to approve Minutes #58 of August 23, 1965, carried unanimously. Motion of Hoffmire, seconded by Parnel I, to approve Minutes #59 of August 31, 1965, car"r i ed unan i mous I y. IV. CLAIMS AND DEMANDS Motion of Hoffmire, seconded by Hannahs, to approve Register of Claims No. 14, carried, unanimously. EXTRAORDINARY BUSINESS PUBLIC HEARING ON EXTENSION OF INTERIM ZONING, LAND USE AND LAND DIVISION REGULATIONS \e Chair read the staff report dated Sept. 13, 1965, recommonding that interim Ord. 22 De extended for one year. Motion of EI I inwood, seconded by Parnel I, that the staff report be amended by including an appeals provision, carried unanimously: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Motion of Parnel I, seconded by Hannahs, to amend the staff report by adding, if no action is taken by the Planning Commission within forty (40) days fol lowing the submission to the Planning Commission of the appl ication for a use permit, or such longer period as may have been agreed upon between tho appl icant and the Planning Commission, the appl ication shal I be deemed approved by the Commission, carried unanimously: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None -1- Counc i I #60 9-13-65 Counc i I #60 9-13-65 Motion of Parnel I, seconded by Hoffmire, that the staff report be adopted as amonded, carried unanimously: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnc! I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The chair declared a pub! ic hearing open on extension of Ordinance No. 22 and 32. The City Manager read Planning Commission resolution No.2, urging the extension of Ordinances 22 and 32. The City Manager read an ordinance provisionally numbered No. 40, entitled AN URGENCY INTERIM ORDINANCE OF THE CITY OF TIBURON EXTENDING ORDINANCE NO. 22 FOR ONE YEAR AND AMENDING SECTION 4 of ORDINANCE NO. 22. EXTENDING ORDINANCE NO. 22 FOR ONE YEAR AND AMENDING SECTION 4 OF ORDINANCE NO. 22 Ordinance No. 40 It was moved by El I inwood, seconded by Hoffmire, to adopt Ordinance No. 40. After discussion, the question being cal led for, the motion carried unanimously: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None EXTENDING ORDINANCE NO. 32 FOR ONE YEAR Ordinance No. 41 The City Manager read an ordinance, provisionally numbered No. 41, entitled AN URGENCY INTERIM ORDINANCE OF THE CITY OF TIBURON EXTENDING ORDINANCE NO. 32 FOR ONE YEAR. Motion of Hoffmire, seconded by Parnel I, to adopt Ordinance No. 41, carried, unanimously: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ORDER OF BUSINESS Mbtion of EI I inwood, seconded by Hoffmire, to suspend the regular order of business and take up the addendum, carried unanimously. ADDENDUM APPLICATION FOR USE PERMIT - Paradise Drive, Fred Jukich, AP 59-181-03,59. The Administrator of Planning and Development reviewed the staff report and the action of the Planning Commission of August 16, 1965, conditionally approving the use permit. Motion of EI I inwood, seconded by Hoffmire, to confirm and approve tho action of the Planning Commission. Hannahs questioned the Administrator about the advisibi I i~y of I ighting the dock. The appl icant, Mr. Fred Jukich, stated the reason for the eighty-nine foot dock would enable him to have a deep water mooring. EI I inwood withdrew her motion with permission of the seconder. -2- Counc i I #60 9-13-65 Counc i I #60 9-13-65 Motion of El I inwood, seconded by Hannahs, to continue the matter to al low tho appl icant to amend his appl ication. Georgia Barnes stated that tho McAteer bi I I did control piers and fil I ing and had a bearing on this appl ication. The question being cal led for, the motion carried: AYES: COUNCILMEN: El I inwood, Hannahs, Parnel I, Strawbridge NOES: COUNCILMEN: Hoffmire ABSENT: COUNCILMEN: None APPLICATION FOR USE PERMIT Belvedere Tennis Club The Administrator of Planning and Development reviewed the staff report and the action of the Planning Commission of August 16, /965, conditionally approving the use permit. Mr. Graham, President of the Belvedere Tennis Club, stated the club's position regarding the conditions imposed by the Planning Commission. The Mayor read a letter dated August 13, 1965, from the Tiburon Fire Protection District, recommending that the appl icant be required to instal I a steamer type hydrant near the existing structure. Motion of Hoffmire, seconded by Hannahs, to approve and confirm the action of the Planning Commission on the appl ication with the exception of the question of access to the club from Palmer Avenue, adequate fencing and the open drainage ditch at the north property I ine, which matters were to be further negotiated between the appl icant and -the Administrator of Planning and Development, carried unanimously: A YES: COUNCILMEN: EI! inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ORDER OF BUSINESS The Chair decreed a five minute recess. At the expiration of the appointed time, the '~etjng was reconvened. The Chair ordered that the rol I be cal led: PRESENT: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge ABSENT: COUNCILMEN: None ADDENDUM FINAL MAP OF TIBURON RIDGE SUBDIVISION The Administrator of Planning and Development informed the Counci I that the appl icants had not submitted the bonds and that a drainage program had not been submitted. Motion of Hoffmire, seconded by Parnel I, that the matter be continued until the next regular meeting, carried unanimouSly. ORDER OF BUSINESS Motion of Hoffmire, soconded by EI I inwood, to return to the regular order of business, carried. ORDINANCES IMPOSING A TAX UPON THE PRIVILEGE OF PROVIDING OCCUPANCY TO TRANSIENTS, Introduction and First Reading. -3- Counc i I #60 9-13-65 COIJ:lC i I #60 9-i3-65 An Ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON IMPOSING A TAX UPON THE PRIVilEGE OF PROVIDING OCCUPANCY TO TRANSIENTS, PROVIDING FOR THE COLLECTION THEREOF AND PROVIDING PENALTIES FOR VIOLATIONS was introduced by the Chair. The City Manager read his report to the Counci!, giving the projection of revenues to be produced from the proposed 60-unit motel and introduced a letter from Stanley J. Fontez, Treasurer-Tax Co! lector of Marin County, dated August 19, !965, which enclosod a sample ordinance for a uniform "transienT occupancy tax". The C:ty Manager invited the attention of the Counci! tc an option of a local iy- enacted, locally-control led tax, as represented by the ordinance which had been introduced, and a uniform tax for the coun+y which would be administered by the county, as represented by the submittal of the Treasurer-Tax Co! lector of Marin County. After a discussion bearing on the costs of col lectior. as cutl ined in the letter of the Treasurer-Tax Co! lector, compared to the expected costs of collection if the tax wero locally administered, it was moved by EI I inwood, seconded by Hoffmire, to read the ordinance introduced by the City Manager by title only and it was so read. After questions were put from the floor by Mr. Louis Britt and Mr. Fred Zel insky, the question was cal led for, the motion carried unanimously: AYES: COUNCILMEN: El I inwOOd, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Motion of EI I inwood, seconded by Hoffmire, that the ordinance be considered as having passed first r'eading, carried unanimously: I\YES: COUNCILMEN: EI i inwood, Hannahs, Hoffmire, Parnel i, Strawbridge NOES: COUNCILMEN: None /\BSENT: COUNCILMEN: None ORDER OF BUSINESS The cha i r ordered that the regu I ar orne r d bus i ness be suspended and ta ke up Report No.4, Report of Wi I! iams, Cook & Mocine on the Marinero Apartment Development. REPORTS MARINERO APARTMENT DEVELOPMENT - Wi I I jams, Cook & Mocine Report. Mr. Sid Wi I I iams, reviewed the Wi i! iams, Cook & Mocine report dated September 13, 1965, on Analysis of Proposed Plans for Marinero Apartment Development with Respect to Lot Coverage, Density, Height of Structure, and Related Design Characteristics. Mr. Kurt Heath, Devoloper of the Marinero Apartment Development stated that it was his opinion that the statitics were inaccurate and that it was a very great hardship on a developer to go from the County Requirement of 2,000 square feet to 4,300 square feet as suggested in the Wi I! iams, Cook & Mocine report. Motion of Hannahs, seconded by Hoffmire, to return the matter to the Planning Commission with the Wi I I iams, Cook & Mocine's report of September 13, 1965, as a guide I ine in reconsidering the appl ication, carried unanimously: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ORDER OF BUSINESS Motion of EI I inwood, seconded by Hoffmire, to suspend the standing rule respecting the introduction of new business after the hour of 11:00 p.m. carried. -4- Counc i I #60 q-j~-hS Counc i I #60 9-13-65 MINUTE ORDERS REPORTS ON PROPOSAL TO SUBSTITUTE STORM DRAIN SYSTEM AND COMBINE WITH ADDED SYSTEM From Beach Rd. to Tiburcn Blvd. Hr-ffmire, repr--rting for the ad hi;c ccmmittee ::n str:rm drainage, pn.pt<sed that a pr(~gram rf drainage certificates, t~ be purchased in lieu r-f prrviding purely Incal drainage systems f~r new cr'nstructirn during the time that a master drainage plan was being prepared be adr)pted. The City Manager expluined that at the present time, lacking the standards which w~uld be pr0vided in a master drainage plan, it was imp0ssible to judge the suitabi I lty rf I(<cal drainage proprsals, causing the City either to hold up devolopment unti I a pl0n wasprepnrcd or ' approve interim measures or in tho altornative approve interim moasures which might become redundant as rolated tc a completed master drainage system. It was further explained that the certificatos would assure future participation in the construction of a master drainage system without obi iging dovelopers to oxp8nd efforts on preparing proposals which could not presently bo related to futuro prcgrams. Mr. James Murray, attorney for Mr. Fred Zel insky and Mr. Louis Britt said that his principals would agree tc accept the drainage certificate program prnvidcd that tho certificates they would be required to purchase would represent their maximum participatien in a master drainage construction program. It was moved by EI I inw0od, seconded by Hoffmire, to apprnve the certificate principle as described by the City Manager, and instructed the City Manager to prepare a report on the procedure. After discussion, the question being cal led, the motion carried unanimc'usly. AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Ncne PETITION TO CLOSE NORTH END OF REED RANCH ROAD Mr. Gordon W. Hackett, President of Reedlands Prnperty Owners Ass~ciaticn, stated that whi Ie the Association desired the north end of Reed Ranch Road to be closed, they drd not wish to expose the city to I iabi I ity and would withdraw the petition at this time if they could re-submit the petition later. Motion of Hoffmire, seccnded by Parnel I, to grant permission to withdraw the petition, carried unanimcusly. ~ECONSIDERATION OF DENIAL OF APPLICATION ~OR LOADING ZONE, No. 72 Main Street Motion of Parnel I, seconded by Hoffmire, to reconsider the denial of appl ication for a loading zone, carried unanimously. The City Manager read his report dated Septembor 13, 1965, relating to the original denial of the request 0n November 17, 1964, and stating conditions applying to loading zones in general and the circumstances of the appl ication in particular. It was proposed by Hoffmire that a tempor~ry zone be considered which w~uld apply only at times when off-loading was eminent.. The petitioner agreed to the proposal. Motion of Hoffmire, seconded by EI I inwood, to continue the matter so that the City Manager might bring in a resolution ostabl ishing a temporary loading zone, carried unanimously. 8 ~TIONAL USES FOR HARBOR COVE TIDELANDS ROt-'ERTY Mr. Stephen H. Kaufmann, attorney for the Strawberry Recreation District, made a presentation of a proposal for recreational use of portiens (If the property acquired by the County of Marin, the City of Tiburon, and the Strawberry Recreation District. -5- Counc i I #60 9-1-:S-f)t; Cnunc i I #60 9-13-65 Counci Iman EI I inwood stated that it was her opinl~n that tho Audubon Society might withdraw their support of tho Harber Cove Tidelands purchase if the area was not left in a natural state. Motion of HCiffmlre, to endorse in principle the Strawberry Recreation District plan died for lack of a second. Motion of EI I inword, second8d by Parnel I, tc continue the matter to enable the City Manager to get the opinion of the Audubon Society on the proposed plan, carried unanimously: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel i, Strawbridge NOES: COUt\CILMEN: None I\BSENT: COUNCILMEN: None SET PUBLIC HEARING ON REMOVAL OF OVERHEAD UTILITIES Motion of Hannahs, seconded by Hoffmire, that the matter be continued, carried unanimously. )EMENT FOR SANITARY PIPE LINE Richardson Bay Sanitary District The City Manager introduced a letter from Stephen Kaufmann, General Counci I, Strawberry Recroaticn District, dated Sept. 9, 1965, outl ining the Strawberry Recreation District's conditions approving the i~stal lation of a sanitary sewer line acrc.ss the jointly c;wned lands. Mrs. Beverly Wheeler, a representative of the Richardson Bay Sanitary District outl Ined the districts reason for such an easement. Motion of Parnel I, seconded by Hoffmire, to grant approval of the Richardson Bay Sanitary 0 strict installation of a sanitary sewer I ine across the jointly owned lands, sub ect to the same conditions of the Strawberry Recreation District, fai led: AYES: COUNCILMEN: Hannahs, Parne II NOES: COUNCILMEN: Hoffmire, Strawbridge, EI I inwood ABSENT: COUNCILMEN: None Motion of Hannahs, seconded by Hoffmire, that the City of Tiburon forward a recommendation to the County that they negotiate fer the purchase of the easement, and that tho purchase price be shared three ways, if the county has not yet approved the easement, carried unanimoUSly. It was moved by Parnel I, seconded by Hannahs, to reconsider the motion to grant approval of the Richardson Bay Sanitary District installation of a sanitary sewer I ine across the jointly owned lands, prnvided that the Board of Supervisors obtain a fee in compensation for the easement granted which is acceptable to the City. , Mr. Kaufmann urged the approval of the granting of the easement. Mr. Samuel S~apero, stated his opinion that the developer should pay a reasonable amount for the easement. After discussion, the question being cal led fo;, the motion fai led: P,YES: COUNCILMEN: Hoffm ire NOES: COUNCILMEN: E! I inwood, Hannahs, Parnel I, StraWbridge ABSENT: COUNCILMEN: None -6- Cc'unc i I #60 9-13-65 Cou nc i I #60 9-13-65 Motion of Parnel I, seccnded by Hannahs, to grant approval of the Richardson Bay -,nitary District instal latinn 0f a sanitary sewer I ine across the jointly owned Jnds, subject to tho same conditions of the Strawberry Recreation District, carried, unanimously: AYES: COUNCILMEN: El I Inwood, Hannahs, Hoffmtre~ Parnel I, Strawbridge NOES: COUNC!LMEN: Nono ABSENT: COUNCILMENt Nono QUESTIONS LEASE FOR CITY HALL Hoffmire roported for the ad hoc committee on consideration of the offers of the Tiburon Tideland Company and the Belvedere Land Company tc lease tr the City quarters for a city hal I and gave it as the reccmmendation of the committee that the offer of the Belvedere Land Company to lease the premises presently occupied by the U. S. Post Office at Beach Road and Juanita Lane, as contained in their written offer dated July 30, 1965. Motion ~f El I inw0nd, seconded by HGffmire, that the Caunci I approve the (lffer of the Belvedero Land Cnmpany tc lease the present Post Office nn Beach Road and Juanita Lane for use as a City Hal I. After discussion, the question being cal led, tho motiGn carried unanimously: AYES: COUNCiLMEN: El I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NO E S : COUNCILMEN: Nono ABSENT: COUNCILMEN: None TIBURON BASE FOR ANGEL ISLAND STATE PARK Parnel I asked if the city was aware that the question of service faci I ities for Angel Island State Park to be situated in Tlburon was tc arise on the agenda of the State Park Commission September 17, 1965. The City Mnaager responded that he was aware of tho matter, had for some six months been pursuing tho commission with respect to i+ and had en this date personally discussed the matter with Mr. Alfred Stern, Chairman of the Parks Commission> who had given him assurances that the City and it's planning consultants would be consulted. ADJOURNMENT The meeting was thereupon adjourned sine die at I :50 a.m. Approved by the City Ccuncil on: ~~. ~ 7 1965 _ ~k v'/J~ MAYOR . -7- Counc i I #60 9-13-65 Minutes 1J6. (Rocorded) CITY COUNCIL CITY OF TIBURON September 27, 1965 I. CALL TO ORDER " The.regular meeting of the City Council of the CIty of Tiburon, State of California, was called to order by t4ayor Gordon W. Strawbridge at 8:10 p.m., September 27, 1965. II . ROLL CALL PRESENT~ COUNe I U.1EN: E III nwood Hannahs Hoffmfre Parnell Stra\1br I dge ABSENT: COONe ILMEN: None III. APPROVAL OF MINUTES ~btlon of Hoffmlre, seconded by Ellinwood, to approve Minutes 660 of September 13, 1965, as presented. After questions by Hannahs and Parnell as to the accuracy and completeness of certain matters appearing on the mInutes, the previous question was called for and the motIon carried: AYES: COUNCILMEN: Ellln\~d, HOffmlre, Strawbridge NOES: COUNCILMEN: Hannahs ABSTAIN: COUNCILMEN: Parnell ABSENT: COUNC I U1EN: None ORDINANCES I REGULATING THE ACClJ.1ULATION, COLLECTION AND DISPOSAL OF GARBAGE Ordinance No. 43 An Ordinance entitled AN ORDINANCE REGULATING THE ACCUttlULATION, COLLECTION AND DISPOSAL OF GARBAGE, having passed first reading at a meeting of March 8, 1965, came on for second reading and adoption, and was provisionally numbered No. 43. ~btfon of Ellinwood, seconded by Hoffmlre, to read the ordinance by title only, carrIed unanimously: AYES: NOES: ABSENT: COUNCILMEN: Ellln\~d, Hannahs, Hoffmfre, Parnell,St~awbrldge COONe I LMEN: None COUNC.LME~: None The ord I nance Wf.tS .so f'eat1. Motf-oQ. of .Ellinwood, seconded by Hoffmlre, to adopt Ordinance No. 43, carriod: AYES: COUNCIU1EN: Ell inwood, Hoffmire, Parnell, Stra\1bridge NOES: COUNCtLt1EN: Hannahs ABSENT: COUNC I U.1Et J: None TAX UPON THE PRIVilEGE OF PROVIDING OCCUPANCY TO TRANSIENTS Ordinance No. 42 An ordInance entitled AN ORDINANCE OF THE CITY OF TIBURON IMPOSING A TAX UPON THE PRIVilEGE OF PROVIDING OCCUPANCY TO TRANSIENTS, PROVIDING FOR THE COllECTION THEREOF, AND PROVIDI~~ PENALTIES FOR VIOLATIONS, having passed first reading at a meeting of September 13, 1965, came on regvJar~y tor second reading and adoption, and was provisionally numbered No. 42. -1- Counc i' 1/61 9-27-65 Counci I P61 9-27-65 f'.:lot i on of Ell i nVJood, seconded by Hof fm Ire, to read the ord i nance by tit loon I y, carried unanimously: AYES: COUNC I U1EN: E II Inwood, Hannahs, Hof fm i re, Parne II, Strawbr i dge NOES: COUNC I U'1EN: None ABSENT:COUNCIU1EN: None The ordinance was so reud. It \'/as moved by Parnell, seconded by Ell inwood, to adopt Ordinance No. 42 After discussion, the question being called for, tho motion carried unanimously: AYES: COUNCILMEN: Ell inwood, Hannahs, Hoffmire, Parnol', Strawbridge NOES: COUNC I U lEN : Nono ABSENT: COUNC I U,'jEN: None Motion of Hannahs, that the funds raised by the moasure be used for park acquisition and beautification died for lack of a second. It was requested that t1r. Hannahs' request be placed on a future agenda. EXP I Rl~T ION OF ADJUST~,1ENT AND USE PER~.11 TS UPON THE Ii~ NONEXERC I Sf The Chair read the report of the City ~1anager, dated September 22, 1965, recommending that a public hearing on the proposed ordinance be set, and the recommendation of the Planning Commission that the ordinance be adopted. It \lJas moved by Ell in~Jood, seconded by Hannahs, to adopt the City r:anager's report. The Deputy City Attorney informed the Council, that before public hearing on the proposed ordinance be set, the Planning Commission had to report to the City Council as outlined In Ordinance No.5. ~10tion and second were withdrawn. tbtion of Hoffmire, seconded by Hannahs, to request a report from the Planning Commission of tbeir findings in accordance with Section 21 of Ordinance No. 26~, incorporated by Ordinance No.5, carried unanimously. A~1ENor'lENTS TO THE BUS I NESS LI CENSE REGULA T I O~JS Hannahs requested that tho Deputy City Attorney, City r;anagcr and ;''ir. George Bitter, representing the Chamber of Commerce, meet with him to revievl tho amendments to the business license regulations. The Chair ordered the Matter continued until the next regular meeting. RESOLUTIONS AUTHOR r ZA T ION FOR TH.~POR^RY BOr~RO\'.f I ~.JG OF FUNDS Resolution No. 82 The Chair road the report of the City ~ianagor dated September 22, 1965, recommending the adoption of Resolution No. 82. The City i~anagcr read Resolution No. 82. r'lot; on of Hof fm ire, seconded by P<Jrne J I, to adopt Reso I ut i on t~o. 82, Author i z ; ng the City of Tiburon to Borrow Up To $20,000 From the Tiburon National Bank, and to Execute Whatever Documents tJecessary to Complete tho Loan, carried unanimously: . AYES: COUNCIU1Er4: Elrim'Jood, Hannahs, Hoffmire, Parnel" Stra\,'Jbridgc NOES: COUNCIU:1EN: None ABSENT: COUNCILMEN: None -2- Counc i I 1/61 9-27-65 Counc i I /(61 9-27-65 ORDER OF BUSINESS ~10tion of EI I inwood, seconded by Hoffmire, to suspend the regular order of business and take up the addondum~ carried unanimously. I\DDENDUfvj APPLICATION FOR ADJUST~jENT PERr,~IT FOR SUBDIVISION - Kingman Payn Co, Hi lary Drive, bounded by Hawthorne Tert-ace, Ha\'ithorne Terrace Unit 113, Francisco VIsta and Del f1ar Estates /'1. The I\dministrator of Planning and Development reviewed the staff report and the action of tho Planning Commission of August 16, 1965, and September 7, 1965, conditionally approving the reviserl tentative map of Hilary Heights; he stated that tho appt icant has since amended ~'hG amonded map to provIde for pathway and landscaping. Tho Administrator presented tho Council with a petition from 226 residents in tho area, asking that Hilary Drive not be opened to through traffic and requesting (a) Hi lary Drive end in a cut-dc-sac at the bottom of the hil I adjacent to Ha~thorne Terrace, (b) only the vehicular traffic from those lots in the westerly portion of the proposed subdivision be added to the Del Mar traffic, and (c) the end of Hilary Dr i ve be connected \'Ji th HavJthorne Terrace by steps to accomodate podestr I an traf f i c. The Administrator also presented to the Council a letter from tho Tiburon Fire Protection Dist~ict d2~ed August 9, 1965, requesting that Hilary Drive be a through street. Tho City Manager read letters from Edward C~ Pinol District Superintendent of the Reed Union School District dated September 27, 19651 requesting a walk-way between Del Mar Estates and Hawthorne Terrace; Hi tdreth L. Stong, President of Del ~!jar Val ley Property Owners Association dated September 27, 1965, opposing the completion of Hf lary Drive. The City Manage~ also read the petition that the Administrator of Planning and Deve'opm~nt had presentod to the Counci I. Mr. Frar.!< F. Pu I : ce, represent i ng the app I icant, dec lined to agree to an extens fon of time .~o pe;-I:lit I-emanding the matter back to the Plannl"g Commission. Mr. J. Wi I I iam 8oa~d: spoke on behalf of tho 226 people who signed the petition. Mrs. Beverly Wheeler also stated it was her opinio~ that the road should not be a throuah ;. -{, " Mr. Ray Jasick informed the Council that he thought that Geldert was as dangerous and bel ioved that Hilary should be a through road. It was moved by Hannahs, seconded by StraWbridge, to approve and confirm tho action of the Planning Commission, with the following additional conditions: (I) That a sidc\'j' " (or footpath) be provided, (2) Map marked Exhibit "0" and dated August II, 1965, ~3) Normal and Supplemontary conditions and marked Exhibit "En, (Ii) {\II util ities to be placed underground, (5) Letter dated Sept. I, 1965, signed by Frank R. Pul ice, placing height restrictions on lots 4, 5, 6, (6) Deed restrictions of Del Mar Estates #1, (7) Landscaping schedule be required. Chief Buscher stated he would prefer that Hilary Drive be a through road to enable fire fighting equipment easier movement, but would accept a road blocked by temporary poles. Mr. H. Stong, Prosident, Del Mar Val Icy Property Owners Association spoke to the petition. f':1r. Peterze I, Mr. f'.Htche II, and r'lr. Pi no spoke on beha t f of the ros i dents of the area urging that Hi I~ry Drive not go through. It was moved by EI I inwood, seconded by Hoffmire, to ~mend the main motion to provide that Hilary Drive shal I not be paved continuously and that the pavement shal1 stop 75 feet south of the subdivision's north boundry I ino and 40 feet north of the south boundry line of lot number 2. Mr. Ed Pino, Mr. George White, Mr. Harold Schwartz, and ~1rs. Aeverly Wheeler again spoke on not al lowing Hilary Orive to go through. -3- Ccunc i I 1'61 9-27-65 Counc i I 1!61 9-27-65 The Chair cal led tho question on the amondment to tho main motion, carried: AYES: COUNCIU~EN: Ell im\lood, Hoffmire, Parnoll NOES: COUNC I U'iEN: Hannahs, Stra\'/br i dgo ABSENT: COUNC I U1EN: None The Chair cal led the question on the mnin motion, carriod: AYES: COUNCIU1EN: Ell inwood, Hoffmire, Parnell, Stra\'Jbridgc NOES: COUNC I U'1EN: Hannahs ABSENT: COUNC I U~EN: None ORDER OF BUSINESS Tho Chair decreed a five minute rocoss. At the expiration of the appointed time, the meeting was reconvenod. The Chair ordered that the rol I be called: PRESENT: COUNCIU.';EN: Ellin\'Jood, Hannahs, Hoffmire, Parnell, Strawbridge ABSENT: COUNCILMEN: Nono The Chair ordered that no new business would be taken up after 11:30. RESOLUTIONS UTHOR I ZA T f ON FOR TEr.1POR/\HY BORRO\'ll NG OF FUNDS :'Isolution No. 82 Motion of mire, seconded by EI I inwood, to adopt solution No. 82, RESOLUTION AUTHOR I ZING THE OF T I BURON TO BORRO\'J UP TO 0,000 FROM THE T I BURON NA T I ONA L BANI<, AND TO EXECUTE 1.\ ARY TO COMPLETE THE LOAN, carried unanimously: AYES: Hoffmire, Parnell, Strawbridge NOES: Nono None AUTHOR I ZAT ION TO ESTABL I SH TEf-'1PORI\RY LOAD I NG ZONE Resolution No. 83 Motion of Hoffmire, seconded by Ellinwood, to adopt Resolution No. 83, AUTHORIZING TE~1PORARY EMPLAr.H.1ENT OF SIGNS SO AS TO RESERVE SPACES FOR THE UNLOAD I NG OF COMrlERCIAL VEHfr'_ES, carried unanimously: AYES: COUNCIU1HJ: Ell in\'lood, Hannahs, Hoffmire, Parnell, Stra\'Ibridge NOES: COUNC I LMEf\I: None ABSENT: COUNCI U/1EN: None DRAINAGE IN LIEU CERTIFICATES Tho City Manager informed the Council that Kennedy Engineers and tho City Attorney needed additional time to prepare the proper resolution. ~10tion of EI I inwood, soconded by Hoffmire to continue the matter, carried unanimously. ~.11 NUTE ORDERS AMEN~~ENT OF BY-LAWS - Marin County Council of Mayors and Councilmen. Ell inwood gave a report on the proposed amendments of by-laws of the ~1arin County Counc i I of ~1ayors and Counc I I men recommend I n9 certa i n changes and add It ions to the proposed amendments. -4- Counc i I t~61 9-27-65 Counc i I ;'1/61 9-27-65 Motion of Ell im-Jood, seconded by Hannahs, to rutify the by-laws of tho Marin County Council of Mayors und Councilmon as per EI linwood's report, carried unanimously. CERTIFICATE OF PUBLIC CONVENIENCE FOR TAXI SERVICE - Charles T. Cohen dba "Ted's Taxi". Mot i on of Hannahs I seconded by Parno II. to adopt the report of the City ~'1anager, dated Soptember 27. 1965, recommending that () certificate of publ ic convcnience should be issued, carried unanimously. AYES: COUNCILMEN: Ellin\1Jood, Hannahs, Hoffmire, Parnell, Stra\'Ibridge NOES: COUNC I LMEN: None l\BSENT: COUNCIU1EN: Nono LOA~I FROM THE T I DEU\NDS FUND TO GENERAL FUND It was movcd by Hoffmire, seconded by Ellinwood to adopt tho City Mana~cr's report dated September 27, 1965, recommending that tho City Attorney be instructed to bring in a resolution authorizing the temporary loan of $1,300 from tho Tidelands Fund to the Genoral Fund. It boing the sense of the council that too little money could be saved from the transfer of the Tidelands Fund to the General fund, motion and second were withdrawn. Motion of Parnel" soconded by Hannahs to reject the report of the City ~1anagor, carried unanimously. Motion of Hannahs. seconded by Hoffmire that the monies in the Tidelands Fund be kept on deposit unti I the time for payment. carried unanimously. REMOVAL OF OVERHEAD UTILITIES IN UNDERGROUND UTILITY DISTRICT The Chair ruled that this be pluced in committec as rocommcnded by the City Managor in his report of September 27, 1965. INSTALLATION OF STOP SIGN - Lyford Drivc. ~10tion of Hoffmire, seconded by Parncl I, to adopt the report of the Sheriff's Department and the City r~anager, recommendIng insfal lation of stop sign on Lyford Drive at Round Hil I Road, carried unanimously. QUESTIONS rhe Cha i r recogn i zed t-1r. Robert r.1oor. \'Jho asked if the app I i cat i on for a use perm i t \'J i th the Tiburon Tideland Company \"ms running undor the 40 day time I imit for consideration by tho Planning Commission as provided by Ordinance No. 40. The City Attornoy being unprepared to render an opinion, it was suggested to Mr. ~1oor that his attorney discuss the matter with tho City Attorney. ADJOURNMENT The mooting was adjourned at 11:35 p.m. to Tuesday, October 5, 1965. C)L1f/l/CJ . . !bX~__ . . CIT? CLERK Approved by the City Council on: ~Hk W'.{i..:~.2S; 19~5_ ,r2 ~ Xlrt~ . /{I r:lf~~. . \~' -5- Counc i I 1'61 9-27-65 Minutes #62 CITY COUNCIL October 5, 1965 CITY OF TIBURON I. CALL TO ORDER The adjourned meeting of the City Counc; I of the City of T;buron, State of Cal ifornia, was cal led to order by Mayor Gordon W. Strawbridge at 8:12 p.m., October 5, 1965. II. ROLL CALL PRESENT: COUNCILMEN: Hannahs Parne I , Strawbridge ABSENT: COUNCILMEN: EI I inwood (present at 8:15 p.m.) Hoffmire (present at 8:15 p.m.) OPERATION OF OFF-STREET PARKING FACILITIES BY THE CITY OF TIBURON Hannahs reviewed recent proceedings respecting off-street parking on privately leased lands on Tiburon Blvd. at Main Street and the denial of a use permit for private operation. He also reviewed the inabi I ity of the Tiburon Merchants Association to continue operation of a free public lot and the request of the Tiburon Peninsula Chamber of Commerce that the City assume it's operation. Mr. Duane Fetter, representing ~r. Fred Zel insky, appeared before the Counci I and spoke on the operation of an adjourning lot by Mr. Fred Zelinsky. Motion of Hannahs, seconded by Parnel I, to instruct the City Manager to prepare a report on the feasibil ity of City operation of the site known as the Merchants Association Parking Lot, carried unanimouSly. FORMATION OF A PARKS AND RECREATION COMMISSION Hannahs reviewed pre-incorporation support of the formation of a Parks and Recreation Commission. Noting recent proposals for the acquisition of lands for recreation and open space, he gave it as his opinion that a Parks and Recreation Commission should be formed at this time ~o fulfil I early promises and general ized attention to recreation needs. After discussion of whether the action would be premature,what the functions and responsibil ities of the commission should be and how it would be staffed, the Mayor appointed Hannahs and Parnel I to a committee to make a study of the proposal. It was moved by Hannahs, seconded by Parnel I, that a Parks, Recreation and Open Space Commission be established at once. It was proposed by Hoffmire that a vote on the matter be postponed until a study was made. The previous question being called for, the question was put and the motion fai led: A YES: COUNCILMEN: Hannahs, Parnell NOES: COUNCILMEN: Ellinwood, HOffmire, Strawbridge ABSENT: COUNCILMEN: None SURVEY OF TIBURON WATERFRONT BY SMALL CRAFT AND HARBOR COMMISSION The matter was taken from the suspense calendar by Parnel I. After a discussion of whether a survey, were it now undertaken, would dupl icate work being done by private consultants under contract with the City, and the type of survey which the Sma' I Crafts Harbor Commission could make tor the City, motion of Hoffmire, seconded by EI I inwood, to Instruct the City Manager to investigate the effect of a survey by the Commission, carried unanimously. -'ACEMENT OF PUBLIC TELEPHONES IN THE BUSINESS DISTRICT The Councl! considered the agenda bil I Initiated by Ellinwood dated 21 September 1965, finding that there was an inadequate number of publ ;cal Iy-accessible telephones in the business district and recommending that the telephone company be asked to situate night-I ighted booths at additional locations. -1- Counc i I #62 10-5-65 ~ Counc i I #62 10-5-65 Motion of EI I inwood, seconded by Hoffmire, to adopt the agenda bi I I, carried unanimously. REDUCTION OF TELEPHONE RATES Hoffmire raised the question of tol I rates being charged for local bay area calls and expressed the bel ief that the City should undertake an action to pursuade the Publ ic Utilities Commission of the State of Cal ifornia to eliminate the charges. Motion of Hoffmire, seconded by EI linwood, to instruct the City Attorney to draft a resolution urging amendment of rates by elimination of tol I charges, carried unanimously. COORDINATION OF PUBLIC TRANSPORTATION INFORMATION Hannahs raised the question of improving coordination of information on activities of governmental agencies in the field of publ ic transportation. A letter from Supervisor Thomas Storer respecting water-borne transporation and submitting a copy of a 1958 study of bay area water transporation was introduced. The Mayor appointed Parnel I as a. committee on public transportation (ad hoc). CIRCULATION OF COMMUNICATIONS AND CORRESPONDENCE Parnel I raised the question of improving the method of advising members of the Council on correspondence received by the City. After a discussion of various methods, it was the sense of tho Counci I that they would be pleased with tho institution by the City Manager of a weekly correspondence log, copies of which would be given to members of the Council. CANCELLATION OF REGULAR MEETING An agenda bil I dated 16 September 1965, recommending that the regular meeting of I I October 1965. be postponed, and that the next regular meeting be scheduled for 25 October, 1965, was introduced. Motion of Hoffmire, seconded by EI I inwood, to adopt the bi I I, carried unanimoUSly. REPORTS Disolution of Flood Control Zone No.8, Aesthetic Consideration for Bridge Design, Treasurer, City Manager FinanCial Report, Tiburon Pol ice and Sheriff Station report of August, Department of Planning and Development report, month of August, Report on Progress on Arranging Study of Open Waterfront Development, were presented. After discussion of the reports, motion of Hoffmire, seconded by EI 'inwood to accept the reports and ordered them placed on file, carried unanimously. ESTABLISHMENT OF A PLANNING AGENCY Ordinance No. 45 An ordinance entitled AN ORDINANCE OF THE CITY OF TISURON ESTABLISHING AND ORGANIZING A PLANNING AGENCY AND COMMISSION PUR~UANT TO SENATE BILL NO. 716, CHAPTER 1880, was presented. The City Attorney explained that it's immediate adoption was necessary in order that the City could comply with Chapter 1880 of the statutes of 1965. Motion of Hoffmire, seconded by EI I inwood, to introduce the ordinance, carried unanimously: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ASSENT: COUNCILMEN: None The ordinance was read in ful I. -2- Counc i I #62 10-5-65 Counc i I #62 10-5-65 Motion of EI I inwood, seconded by Hoffmire, to adopt ordinance No. 45, carried unanimously: AYES: COUNC I LMEN: Et I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RELEASE OF CASH BOND County of Marin, vs. Wil I iam Poulopoulos, et aI, Action No. 31724. Motion of HOffmire, seconded by EI I inwood, to authorize the City Attorney to sign a release of the $1,000 cash bond held in trust to secure improvement of a private road involved in the suit County of Marin, vs. Wi I I iam Poulopoulos, Action No. 31724, carried unanimously: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ADJOURNMENT The meeting was adjourned sine die. ~ ~~..~.. ~ Approved by the City Counci Ion: ILl..f.d~-' ,1965 >8~_f,). ~~~ MA YOR i. t -3- Counc i I #62 10-5-65 ('-'... (.~- ,t' .."" CITY OF TIBURON INCORPORATED 1964 P.O. BOX 424 TlBURON CALIFORNIA 94920 19 October 1965 I, Gordon W. Strawbridge, Mayor of the City of Tiburon, do hereby call a special meeting of the City Council of Tiburon, to be held at 8:00 p.m., October 22, 1965, at the Del Mar School fOL the following purpose: 1. APPROVAL OF ARCHITECTURAL t1ATTER - Approve and confirm action of Planning Commission on application of Jerry Coles. --'" 2. EXTENSION OF AGREE~mNT FOR SUBDIVISION IMPROVE~mNTS - Tiburon Knolls, extend time in which to complete to 4 April 1966. 3. DRAINAGE PARTICIPATION CERTIFICATES - Approve program and authorize interim agreements 01r. Bruce Collins of Kennedy Engineers will be present). 4. YJARINCELLO DEVELOPMENT -~uestion of the position of the City prior to hearing by the Board of Supervisors on 25 October 1965 (speakers will be invited represent- ing and opposing the development). 5. "701" GENERAL PLAN PROGRAM - Approval of program recommended by Planning Commission (Mr. Syd Williams will be present). I G I GORDON t'l. STRlMBRIDGE cc: Press City Attorney Adm. P&D Mr. Jerry Coles Mr. Fred Zelinsky Mr. Louis Britt . . STATE OF CALIFORNIA ) ) COUNTY OF MARIN ) Jean A. Rogers, being duly sworn, deposes and says: I am the Deputy City Clerk of the City of Tiburon, said county and stace, and on the 19th day of October, I mailed in a sealed envelope in the United States post office at Tiburon, California, with postage prepaid to individuals of the City Council of the City of Tiburon, a copy of a special meeting of the City Council of the City of Tiburon, to be held at 8:00 p.~. October 22, 1965, at the Del Mar School. ATTEST: ~~4 A \~wl~\ AN A. ROGERS U -~ CITY CLERK Minutes #63 CITY COUNCIL October 22,1965 CITY OF TIBURON CALL TO ORDER The special meeting of the City Council of the City of Tiburon, State of CAI ifornia, was cal led to order by Mayor Gordon W. Strawbridge, October 22, J965. ROLL CALL PRESENT: COUNCILMEN: Hannahs, Par:lel', Strawbridge ABSENT: COUNCILMEN: EI I inwood (Present at 8: 12 p.m.) Hoffmire Pursuant to notice of special meeting dated 19 Octobor, 1965, the meeting was cal led to order by the chair for the purpose of considering: Approval of Architectural Matter, Jerry Coles; Extension of Agreement for Subdivision Improvements - Tiburon Knol Is; Drainage Participation Certificates; Marincel/o Development; and "701" General Plan Program. APPROVAL OF ARCHITECTURAL MATTER Jerry Coles, 59-053-03 After consideration of the action of the Planning Commission and the reasons therefor, motion of Hannahs, seconded by Parnel I, to confirm and approve tho dec!sion of the Planning CommiSSion, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Parnel I, Strawbridge NOES: COUNCILMEN: Nono ABSENT: COUNCILMEN: Hoffmiro EXTENSION OF AGREEMENT FOR SUBDIVISION IMPROVEMENTS Tiburon Knol Is,extend time in which to complete to 4 Apri I 1966. The Counci I received an agenda bil I dated October 12, 1965, recommending an extension of the subdivision improvement agreement expiring October 25, 1965 to April 4, 1966. After inquiry and response on the consequences of refusal to extend the agreement, motion of Hannahs, soconded by P~rnel I, to adopt tho bil I and grant the extension, carried unanimously. DRAINAGE PARTICIPATION CERTIFICATES Ordinance and Interim Agreement There was presented to the Council a document entitled "Draft of Storm Drainage Ordinance For The City of Tiburon". It was ordered by the chair that the documont be marked "Exhibit A", 22 October, 1965, and it was so marked. Mr. Bruce Col I ins, representing the firm of Kennedy Engineers, explained that the document set forth the reasons, purposes and means for establ ishin9 a regulation of and improvements for drainage of surface waters. With respect to the appl ication for a use permit by the Tiburon Lodge, Tiburon Blvd. south of Beach Road, attention was directed to section 9, B, setting forth a formula for in I ieu payments, which formula had previously been cal led for. It was further explained that adoption of an ordinance designed along the I ines of the draft presented would permit in I ieu participation by means of deposited security when plans or programs for master drainage had not been developed. It was understood by the Counci I that the draft was presented solely for the purpose of establ ishing a system and program upon which interim arrangements might be basod. Motion of EI I inwood, seconded by Parnel I, that the City Council approve the intont to proceed towards the adoption of an ordinance regulating and programming storm and surface drainage in the City, as outl ined in "Exhibit A", carried: AYES: COUNCILMEN: EI I inwood, Parnel I, Strawbridge NOES: COUNCILMEN: Hannahs ABSENT: COUNCILMEN: Hoffmire -1- Counc i I #63 10-22-65 Counc i I #63 10-22-65 The question was then asked of Mr. Fred Zel insky, present in the audionce, and Mr. James Murray, his attorney, also present in the audienco , whother this program and the intended participation certificates woula apply to the requirement for drainage for the Safeway Store situated on Tiburon Blvd. north of Beach Road or whether the city would proceed to require conformance with the requirement of the storm drainage bond presently being held. It was agreed by Mr. Zel insky as an alternative, he would ask for an extension of the agreement which expired on 19 October, 1965, for a period of one year. It was then explained that the use permit for the Tiburon Lodge Motel could not be exercised because the appl icant was apparently unable to comply with the requirement of the permit to provide an adequate drainage system. Previous correspondence from the City Engineer and the State Division of Highways indicating that the earl ier the drainage proposal of the appl icant was either inadequate or unsatisfactory; it was suggested then that an interim agroement be entered into for the period of time which the Counci I was proceeding to enactment of an ordinance whereby the appl icant would deposit funds with the City representing in part or in whole, the cost of an adequate drainage system. Motion of EI I inwood, seconded by Parnel I, to authorizo the City Manager to execute an agreement with the parties having interest in the Tiburon Lodge use permit, whereby the appl icant would deposit with the city, and the city would receive, a sum of money equivalent to the amounts which would be required based on the formula set forth in "Exhibit A" to off-set the requirement for an adequate drainage system, and that upon adoption by the City of an ordinance requiring and providing for such certificates, the City would issue to the depositors drainage participation certificates in an amount equivalent to the amount of said deposit; and that said cortificates when issued would apply to any future assessment proceedings for the design and construction of a drainage system benefiting the property in question, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Parnel I, Strawbridge NOE S : COUNC I U~EN : None ABSENT: COUNCILMEN: Hoffmire MARINCELLO DEVELOPMENT Counci Iman EI I inwood introduced a copy of Resolution No. 2187 of tho Marin County Planning Commission, adopted on 22 September, 1965,. approving and recommending the Marincel 10 Planned Community Master Plan, which was read in ful I. Counci Iman EI I inwood introduced a letter dated 22 October 1965, from Mr. E. Warren McGuire, representing the Frouge Corp., developers of Marincel 10, supporting the plan and the action of the County Planning Commission. It was thereupon proposed that the City d0termine what, if any, position should be taken with respect to the plan as it would come before the County Board of Super- visors on 25 October, 1965. Mayor Jan Dyk of Sausal ito appeared before the City Counci I and spoke in opposition to the approval of the planned community concept prior to the establ ishment of standards for such development with particular respect to density, traffic and transit problems, Mayor Dyk urged the Counci I to propose disapproval of the plan unti I County master plans had been adopted. Mr. Leo Souza appeared before the City Counci! and urged opposition to the plan on the grounds that the character of buildings and occupancies would change the personality of the county. Mrs. Holmer, representing the Marin Conservation League, appeared before the City Council and urged the Council to oppose the plan because of the absence of master plans and the absence of precise definitions and standards for cluster development. Mr. Kurth Heath appeared before the Counci I and spoke in support of the plan as representative of the modern and efficient methods of conserving open space. Mr. James Derryberry appeared before the Counci I and questioned whether the industrial phases of the proposed development would at this juncture be attractive enough to industry to fulfi I I expectations and stated further that although the planned community approach was the best system for providing for future growth, transit problems seemed to have been ignored. -2- Counc i I 1/63 10-22-65 Counc i I #63 10-22-65 Mr. George Banning appeared before the Counci I and protested that the plan wouid encroach on a valuable natural resource of national prominence. Mrs. Nome appeared before the Counci I and took exception to the re-zoning of the property in question prior to approval of the plans. Mr. Harlan Soten appeared before the City Counci I and questioned whether this was the type of development appropriate at al I to Marin County. There being no further appearances, the City Counci I took the matter under consideration. Counci Iman EI I inwood expressed concern over possible changes to the nature of the community and the direction of i+s' development. Counci Iman Parnel I, whi Ie favoring the phi losophy of planned communities questioned whether this was the ideal location for such a development. Counci Iman Hannahs exprossed concern about traffic loadings. Mayor Strawbridge expressed support of the idea for further master planning. r,t ion of Ell! nwood, seconded by Pa rne I I, The T i bu ron City Counc i I urges the Board of Supervisors of Marin County to deny the appl ication of the Frougo Corporation for the ~1arincello development without prejudice because of its inappropriateness to the character of Marin County, and further urges the immediate preparation of a general plan for southern Marin County, and lastly urges the Board to explore the means of publ ic acquisition of these headlands~ carried: AYE S : COUNCILMEN: EI I inwood, Hannahs, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Hoffmire RECESS A recess was cal led by the Chair. At the conclusion of the recess, the rol I was cal led and remained as cal led at the time the meeting was convened. FEDERALLY AIDED GENERAL PLANNING PROGRAM Tho staff presented a program for Federally assisted general planning as approved by the Planning Commission, which program had been proposed by the firm of Wi I Iiams Cook and Mocine. It was debated whether such a program would involve Federal interference with local objectives; whether a program locally financed in it's entirety would move more rapidly and whether the City could afford to pay entirely for its planning program. Mr. Sid Wi I I jams of the planning firm was present and discussion was had on the possibi I ity of dividing the program, financing with city monies entirely the first part of the program and applying for Federal assistance only for the later part of the program. Mr. James Derryberry gave information to the City Counci I on experiences in tho City of Chico under a Federal program, where some dissatisfaction was experienced because of schedul ing. It was the sense of the Counci I that the consultant and the staff prepare for the regular meeting of October 25, 1965, an analysis of cost and time factors involved as between a complete Federally assisted program and a partial Federal!y assisted program. There being no further business permitted under the cal I for special meeting, the meeting was adjourned. CITY CLERK ApprovGd by the City Counci Ion: -3- Counc i I #63 10-22-65 Minutes #64 (Recorded) October 25, 1965 CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council of tho City of Tiburon, State of Cal ifornia, was cal led to order by Mayor Gordon W. Strawbridge at 8: 12 p.m., October 25, 1965. II. ROLL CALL PRESENT: COUNCILMEN: Ell inwood Hannahs Hoffmire Parno II Strawbridge ABSENT: COUNCILMEN: None I I I. APPROVAL OF MINUTES Motion of Hoffmire, seconded by EI I inwood,to approve Minutes #61 of September 27, 1965, carried unanimously. Motion of Hoffmire, seconded by Parnel I, to approve Minutes #62 of October 5, 1965, carried unanimously. IV. CLAIMS AND DEMANDS Motion of Hoffmire, seconded by Hannahs,to approve Register of Claims No. 15, carried unanimously. ORDINANCES BUSINESS LICENSING Counci Iman Hannahs presented an oral report of his ad hoc committee introducing the proposed draft of the ordinance together with letters from the City Attorney, dated 5 October, 1965 and 22 October, 1965, recommending amendments of the draft and the report of the City Manager dated 16 June, 1965, recommending various procedural amendments to Ordinance No. 27. . Motion of Hoffmire, seconded by Hannahs, to approve the draft and instruct the City Attorney to prepare the ordinance for. adoption in accordance with the letters and reports received, carri0d: AYES: COUNC I LMEN: E I I inwood, Hannahs, Hof fm ire, Pa rne I I, Strawbr'i dge NOES: COUNC I U1EN: None ABSENT: COUNCILMEN: None ADJUSTMENT AND USE PERMITS The Counci I received Resolutions Nos. 3 and 6 of the Planning Commission recommending the adoption of an ordinance ammending portions of Ordinance No.5. Also received was an ~SErda bi I I containing the recommendations of the City Manager that a publ ic hearing on the recommended ordinance be set for November 8, 1965. Motion of Hannahs, seconded by Parnel I, to set a publ ic hearing on the ordinance at 8:00 p.m. on the 8th of November, 1965, carried unanimouSly. Motion of Parnel I, seconded by Hoffmire, to substitute in the ordinance prior to the hearing the amended section 2, proposed by the City Attorney in his letter of 4 October, 1965, carried unanimously. RESOLUTIONS BUDGET FOR STATE-ALLOCATED GAS TAX FUNDS Resolution No. 84 The City Counci I considered a budget proposal for the al location of State Gas Tax Funds for maintenance purposes for the fiscal year ending 30 June 1966, -1- Counc i I #64 10-25-65 in the amount of $12,930.00. Resolution No. 84, adopting the project statement as the budget for proposed expenditures of the aforesaid funds was read in ful I. Motion of Hoffmire, seconded by EI I inwood, to adopt Resolution No. 84 carried unanimously: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None WATERBORNE TRANSPORTATION Resolution No. 85 Resolution No. 85, urging a ful I study of tho feasibil ity of water surface trans- portation in San Francisco Bay and the close coordination of such transportation wlth the efforts of the Marin Rapid Transit District was introduced and read in ful I. After a discussion had on the possible confl icts with rapid transit efforts and the feasibil ity of mass transit on the water, motion of EI I inwood, seconded by Hannahs, to adopt Resolution No. 85 carried unanimously: A YES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnol I, Strawbridge NOES: COUNC I L~~EN: None ABSENT: COUNCILMEN: None RECESS A recess was cal led by the Chair. At the conclusion of the recess, the rol I was cal led and remained as cal led at the time the meeting was convened. RESOLUTIONS CROSSWALK LYFORD DRIVE Resolution No. 86 A Resolution establ ishing a crosswalk on Lyford Drive approximately 170 feet east of Tiburon Blvd. was introduced and read in ful I. Motion of Hannahs, seconded by Hoffmire, to adopt Resolution No. 86, carried unanimously: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None STOP SIGN ON LYFORD DRIVE AT ROCK HILL ROAD Resolution No. 87 A resolution designating as a stop intersection Lyford Drive at Rock Hi I I Road was introduced and read in ful I. Motion of Hannahs, seconded by Hoffmire, to adopt Resolution No. 87 carried unanimously: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NO E S : COUNCILMEN: None ABSENT: COUNCILMEN: None CONSTRUCTION OF SECOND DECK, GOLDEN GATE BRIDGE Resolution No. 88 A resolution urging the Directors of the Golden Gate Bridge to defer action on the construction of a second deck unti I such time as certain transit studies are completed was introduced and read in ful I. -2- Counc i I #64 10-25-65 Counc i I #64 10-25-65 Hoffmire objected to such delay on the grounds that it might accelerate the construction of a second bridge with its terminus in Tiburon; that a second deck on the Golden Gate Bridge was an immediate answer to the problem; and that a second deck might permanently forestal I construction of a second bridge. Mr. Hugh Dougherty of the Marin County Planning Commission appeared before the Counci I to speak in support of the resolution, questioning whether highways at either end of the bridge could be broadened to accommodate additional traffic and whether a second deck would not be antagonistic to tho needs for mass transit in Marin County. Mrs. Margaret Azevedo, a member of the Marhn County Planning Commission appeared before the City Counci I to speak in support of the resolution, observing that until certain studios were completed there were not enough facts upon which to base tho assumptior. that a second deck for the bridge was the most desirable. Mr. Leo Souza appeared before the City Counci I to speak in opposition to the resolution, giving it as his position that no other alternative to the second deck existed; that the cost of constructing a second bridge was prohibitive; that rai Is on the Golden Gate Bridge were not feasibi Ie; and that it had been the position of the City for some two years to support a second deck on the bridge. Mr. Rampton Harvey appeared before the City COwnci I to support the second deck. Mrs. Beverly Wheefer also spoke to the matter. After debate on the resolution, motion of EI I inwood, soconded by Hannahs to adopt Resolution No. 88, carried: AYES: COUNCILMEN~ EI linwood, Hannahs, Parnel I, Strawbridge NOES: COUNCILMEN: Hoffmire ABSENT: COUNCILMEN: None MINUTE ORDERS PARKS, RECREATION AND OPEN SPACE COMMISSION Counci lman Parnel I introduced a draft of a resolution creating a Parks and Recreation Commission, describing its duties and f8nctions. The Chair ordered the matter continued to the next meeting. ORDER OF BUSINESS Motion of EI I inwood, seconded by Parnel I, to suspend the standing rule respecting the introduction of new business after the hour of 11:00 p.m. carried. MINUTE ORDERS PROPOSAL TO INCREASE MEMBERSHIP ON THE PLANNING COMMISSION Hoffmire, who introduced the agenda bi I I on the matter, explained the purpose of the expansion of the membership, and stated that the matter had beon discussed with the Chairman of the Planning Commission. Motion of EI I inwood, seconded by Hoffmire, to adopt the agenda bi I I, directing the staff to prepare a draft of an ordinance establ ishing a seven-man commission and, fol lowing adoption of the ordinance, to give consideration to the establ ishment of a Board of Adjustment, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None LANDSCAPING TIBURON BLVD. The Council received an agenda bi I I originatodby the City Manager rocommending that he bc authorized to execute an agreement with Anthony Guzzardo and Associates to prepare a landscape plan for Tiburon Blvd. between Reed Ranch Road and the westerly city limits in an amount of $1,500; and that the city accept the offer of the Reedland Property Owners Association to contribute $500.00 towards the total cost. -3- Counc i I 1164 Counc i I #64 10-25-65 Motion of Hannahs, seconded by EI I inwood, to adopt the recommendation, carried unanimously: AYES: NOES: ABSENT: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge COUNCILMEN: None COUNCILMEN: None ACCEPTANCE OF IMPROVEMENTS Southridge Subdivision Motion of Hoffmire, seconded by Hannahs, to accept the improvements on Soutrridge West within the Southridge subdivision on the recommendation of the County Department of Publ ic Works, carried unanimously: AYES: NOES: ABSENT: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge COUNCILMEN: None COUNCILMEN: None STREET LIGHTING - Route #131 Tiburon Blvd. at Reed Ranch Rd. Motion of Hoffmire, seconded by EI I inwood, to adopt the recommendation of the City Manager agreeing to amendments by the Division of Highways of street lighting for the intersection of Reed Ranch Road and Greenwood Beach Road with Tiburon Blvd. reducing the number of I ights from five to two, one of which would be served underground, carried unanimously: AYES: NOES: ABSENT: I-'ERSOW:EL REGULA T IONS COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Painel I, Strawbridge COUNCILMEN: None COUNCILMEN: None The City Counci I received an agenda bi I I originated by EI I inwood dated October 22, 1965, finding the need for the establ ishment of personnel regulations and recommending that the matter be referred to an ad hoc committee for review and recommendations. After discussion, motion of Hannahs, seconded by Parnel I, to adopt the bi I I, carried unanimously: AYES: NOES: ABSENT: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge COUNCILMEN: None COUNCILMEN: None Fol lowing adoption the chair appointed EI I inwood as the ad hoc committee and referred the matter to her. APPOINTMENT OF REPRESENTATIVES Boundary adjustments The Counci I received a proposal of tho City of Belvedere that a committee be establ ished of representatives from the City of Belvedere and the City of Tiburon to consider the possibi I ity of real ignment of common boundaries. Motion of EI I inwood, seconded by Hannahs to accept the proposal, carried unanimously: AYES: NOES: ABSENT: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge COUNCILMEN: None COUNCILMEN: None -4- Counc i I #64 10-25-65 I Counc i I #64 10-25-65 Thereafter the chair appointed Hoffmire and Hannahs as the members from the City Counci I and extended an invitation to the Chairman of the Tiburon Planning Commission to make one appointment. REPORTS The monthly reports were acceptod and ordered placed on fi Ie. ADJOURNMENT The meeting was adjourned at 11:35 p.m. sine die. --"~) r;;Xl." )(./ . / ~~~ ! CITY ~_ERK Approved by the City Council on: -5- Counc i I #64 10-25-65 Minutes #65 (Recorded) November 8, 1965 CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Counci I of the City of Tiburon, State of Cal ifornia, was cal led to order by Mayor Gordon W. Strawbridge at 8:05 p.m., November 8, 1965. II. ROLL CALL PRESENT: COUNC I L~1EN: E I I inwood Hannahs Hoffmire Parne II Strawbridge ABSENT: COUNCILMEN: None EXECUTIVE SESSION The Chair convened the Council in executive session to discuss pending I itfgation. At 8:20 the executive session was adjourned and the Council re-convened in publ ic session. I I I. APPROVAL OF MINUTES Motion of Hoffmire, seconded by EI I inwood, to approve Minutes #63 of October 22, 1965, carried unanimously. Motion of Parnel I, seconded by Hannahs, to approve Minutes #64 of October 25, 1965, carried unanimously. IV. CLAIMS AND DEMANDS Motion of Hoffmire, seconded by EI I inwood, to approve Register of Claims No. 16, carried unanimously. EXTRAORDINARY BUSINESS Counci Iman EI I inwood introduced Dr. Marjorie E. Belknap, Chairman of the Citizens' Advisory Committee, who made a presentation of a master plan for older adults. ORDER OF BUSINESS Motion of Parnel I, seconded by Hannahs, to suspend the regular order of business and take up the addendum, carried unanimously. ADDENDUM APPLICATION FOR USE PERMIT Fred Jukich, Assessors Parcel No. 59-181-03,59 The Administrator of Planning and Development reviewed the staff report and the action of the Planning Commission of 18 October, 1965, conditional Iy approving the use permit. It was moved by Hoffmire, seconded by EI ~ inwood, to approve and confirm the action of the Planning Commission provided that the appl icant shal I use a roofing material other than white rock or any other type of high reflecting material subject to the approval of the staff; that prior to the issuance of a bui Iding permit, appl icant shal I make provisions for adequate off-street parking spaces and an acceptable structure for same and the acceptable parking structure should not unnecessari Iy obstruct the view; a second method of access to building, stairway, ramp or combination be provided from the street; appl icant shal I comply with letter from the Fire Pi'otection District dated " . Counc i I #65 11-8-65 APPLICATION FOR USE PERMIT Sale of Christmas Trees - Jeff Mayor. The Administrator of Planning and Development reviewed the staff report and the action of the Planning Commission of 19 November, 1965, conditionally approving the use permit. Motion of EI I inwood, seconded by Parnel I, to confirm and approve the action of the Planning Commission, carried unanimously. AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RECESS A recess was cal led by the Chair. At the conclusion of the recess, the rol I was cal led and remained as cal led at the time the meeting was convened. ORDINANCES EXPIRATION OF ADJUSTMENT AND USE PERMITS Public Hearing and First Reading. The chair declared the publ ic hearing open. The Counci I was informed that there were no written communication regarding the proposed ordinance. The City Manager read the proposed ordinance in ful I. It was ordered that the record show receipt of Planning Commission Resolutions Nos. 3 and 6 and agenda bil I dated October 25, 1965, recommending adoption of the proposed ordinance. There being no appearances, the chair declared the publ ic hearing closed. Motion of EI I inwood, seconded by Hoffmire, that the ordinance be considered as having passed first reading, carried unanimously: . AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTIONS EXTENDED AREA TELEPHONE SERVICE Counci Iman Hoffmire requested that the proposed resolution be placed on the suspense fi Ie and it was so ordered. RESTRICTION OF PARKING, BEACH ROAD Loading zones for mai I collection boxes. It was moved by Hoffmire, seconded by Parnel I, that the report of the City Manager dated November 3, 1965, be adopted, and the City Attorney be directed to prepare a rGsolution providing for the establ ishment of zones for U. S. mail collection boxes on Beach Road. Mr. Ramp Harvey appeared before the Counci I and urged the installation of collection boxes in other areas in Tiburon. The question being cal led for, the motion carried unanimoUSly. MINUTE ORDERS PARKS, RECREATION AND OPEN SPACE COMMISSION Councilman Parnel I, ad hoc committee, requested tho opinion of other Counci I members in writing and requested that the matter be placed on the suspense calendar. The Chair so ordered. -2- Counc i I #65 I I-R-fl, Counc i I #65 I 1-8-65 BELVEDERE LAND COMPANY Offer of interim quarters for offices. The City Manager reviewed the agenda bi I I dated November 5, 1965t of the ad hoc committee, Hoffmire/Shapero. Counci Iman Hoffmire, and Mr. Samuel Shapero, ad hoc committee, rGcommended approval of the committee report. It was moved by Hoffmire, seconded by EI I inwood, to proceed in accordance with the recommendation of the ad hoc committeo. Mrs. Beverly Wheeler appeared before the Counci I and stated that it was hor opinion the City should nogotiate for a longer loase at their present location and await the approval of the entire master plan of the Belvedere Land Company. Mr. Robert Moor appeared before the Counci I and stated that it was his opinion that the City should go through tho same proceduro as any othor appl icant applying for a use permit. Mr. Ramp Harvey appeared before the Council and stated it was his opinion that the committee should be commended for their action and rocommendation. Hoffmire, with permission of the seconded, amended the main motion, to proceed in accordance with the recommendation of the ad hoc committee, and that the adoption of the motion does not constitute in any manner approvGI by the City of any pending appl ication of the Belvedere Land Co. for a master plan or approval by the City of any use of tho property included in said appl ication other than the temporary use of the portion of the building referred to in this motion. After discussion, the question being cal led for, carried: AYES: COUNCILMEN: EI I inwood, Hoffmire, Strawbridge NOES: COUNCILMEN: Hannahs, Parne II ABSENT: COUt.JC I LMEN: None ADJOURNMENT The meeting was thereupon adjourned sine die at 11:45. ~7P~ '\. . Ci TY CLERK Approved by the City Counci Ion: fl '1/ ! j(j ,( C ", / 5> , 1965 ~J A~ ~' . /rt~ tJ /I /"'~ . MA YOR I! / -3- Counc i I #65 11-8-65 Minutes #66 (Recorded) CITY COUNCIL November 22, 1965 CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Counci I of the City of Tiburon, State of Cal ifornia, was cal led to order by Mayor Gordon W. Strawbridge at 8: 12 p.m., November 22, 1965. PRESENT: COUNCILMEN: ABSENT: COUNCILMEN: I I. ROLL CALL E I I inwood Hannahs Hoffmire Parne II Strawbridge None I I I. APPROVAL OF MINUTES Minutes #65 of November 8, 1965. It was the sense of the Council that the matter on the addendum, appl ication for use permit, Fred Jukich, did not properly show the action and the clerk should be asked to re-write the minute. It was so ordered. EXPIRATION OF ADJUSTMENT AND USE PERMITS Ordinance No. 44 ORDINANCES An Ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.5 BY AMENDING SECTION 20.2 OF MARIN COUNTY ORDINANCE NO. 264; BY ADDING PROVISIONS FOR THE EXPIRATION OF ADJUSTMENT AND USE PERMITS UPON THEIR NONEXERCISE, having passed first reading at the meeting of November 8, 1965, came on for second reading and adoption. Motion of Ellinwood, seconded by Hoffmirc, to read the ordinance by title only, carried unanimously: AYES: COUNCILMEN: NOES: COUNC I LMEN: ABSENT: COUNCILMEN: The ordinance was so read. EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge None None Motion of Ell inwood, seconded by Hoffmire, to adopt or'dinance No. 44, carried unanimously: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNC I LMEN: / EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge None None LICENSING BUSINESS, TRADES, PROFESSIONS FOR REVENUE PURPOSES Introduction and First Reading. An Ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON LICENSING THE TRANSACTION AND CARRYING ON OF CERTAIN BUSINESSES, TRADES, PROFESSIONS, CALLINGS, AND OCCUPATIONS IN THE CITY OF TIBURON FOR THE PURPOSE OF RAISING MUNICIPAL REVENUE, PROVIDING A PENALTY FOR THE VIOLATION THEREOF, AND PROVIDING FOR THE REPEAL OF ORDINANCE NO. 27, having been ordered up at the previous meeting, was introduced. Motion of Ell inwood, seconded by Parnell, to read the ordinance by tItle only, carried unanimously: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: EI' inwood, Hannahs, Hoffmire, Parnel I, Strawbridge None None -1- Counc i I #66 Counc i I #66 I 1-22-65 The ordinance was so read. Motion of Hoffmire, seconded by EI I inwood, to consider the ordinance as having passed first reading, carried unanimously: AYES: COUNCILMEN: EI I Inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Hannahs raised the question of appl ication of business I icense tax on the operation of motels when a hostelry tax was also appl icable. Tho matter was debated. Motion of Hannahs, seconded by Hoffmire, to rescind the minute order of 14 August 1965 respecting the suspension of the collection of business I icense taxes, and authorizing the City Clerk to commence at once to collect business I icense taxes, carried unanimously: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ADrENDUM It being the appointed time, the r8Qular order of business was suspended and the addendum was ordered taken up, APPLICATION FOR USE PERMIT Fred Jukich, Assessor's Parcel No. 59-181-03, 59. After examination of the appl ication, it was tho sense of the Council that supporting exhibits were inaccurate. Motion of Hoffmire, seconded by EI I inwood, that the appl icant be requested to submit scale drawings in plans and elevations, showing the relationship of the house with accurate dimensions, and that the matter be continued until such time as such exhibits were submitted, c~rriod unanimously. TENTATIVE SUBDIVISION MAP Tiburon Ridge Unit No.2 The Administrator submitted the staff report, letters, minutes, and other documents relative to the action of the Planning Commission on I November, 1965, approving with conditions the tentative map. Motion of Hoffmire, seconded by EI I inwood, to approve and confirm the action of the Planning Commission, carried unanimously: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridgo NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None EXECUTIVE SESSION At 10:10 p.m., the Mayor convened the Counci I in executive session for the purpose of discussing with the City Attorney pending I itigation. At 10:25 p.m. the City Counci I re-convoned in publ ic sGssion. ADDENDUM \DJUSTMENT PERMIT - 676 Hawthorne Drive Paul and Sandra Ogden The Administrator submitted the staff report and documents made a part of the appl ication as heard before the Planning Commission on I November, 1965, when the adjustment was approved. -2- Counc i I #66 I 1-??-hC; Counc i I 1/66 I 1-22-65 Motion of Hannahs, sAconded by Parnel I, to approve and confirm tho action of the Planning Commission on the matter, carried unanimously: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ARCHITECTURAL APPROVAL Post Office Bui Iding, Beach Road and Juanita Lane The Administrator reported that the Planning Commission on 19 November, 1965, had given architectural approval to a 1200 square foot addition to the post office on Beach Road at Juanita Lane, which would be temporarily occupied by the City for general offices. Hoffmire, as chairman of the ad hoc committee on office location recommended approval and confirmation of the action of the Planning Commission. Parnel I objected to such approval until a use permit had been issued. Hannahs endeavored to raise concurrently a minute order asking that the City Attorney give to the City Council an opinion on the appl ication of the present interim zoning ordinance and its relation to precedent zoning. The City Manager advised the Counci I that the addition was to a bui Iding which was a part of a 1956 master plan. After debate, motion of EI I inwood, seconded by Hoffmire, to instruct the City Manager to terminate further negotiations for temporary occupancy of the addition until a use permit had been appl ied for and acted on, carried. Motion of EI linwood, seconded by Hoffmire, to approve and confirm the action of the Planning Commission, granting architectcraJ approval to the addition, carried: A YES: COUNCILMEN: Ellinwood, Hoffmire, Strawbridge NOES: COUNCILMEN: Hannahs, Parnell ABSENT: COUNCILMEN: None REPORTS APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE (CLUB) Belvedere Tennis Club The Chair granted the request of Mr. James Murray, representing the Belvedere Tennis Club, that the matter be taken up out of order. The Counci I noted that the bil I prepared by the City Manager showing that the appl ication had been filed with the Department of Alcohol ic Beverage Control on 29 Apri I, 1965; that copies of the notice were mai led on 22 October, 1965, but not to the city; that on 9 November, 1965, the City obtained a copy of the appl ication; and that, according to the notice, the period for fil ing a protest had expired on 22 November, 1965. Mr. Murray spoke to tho el igibi I ity of the club for a club on-sale license. Mr. Thomas Welsh and Mrs. Patricia Welsh appeared and spoke to the counci I with respect to the method of which notice of appl ication had been posted on the property of the club and urged the Counci I to protest issuance of the I icense because operation under the I icense would be detrimental to the adjoining . Hawthorne Terrace neighborhood. Motion of Hannahs, seconded by EI I inwood, to ask the Department of Alcohol ic Beverage Control to extend for thirty days the period of time in which individuals might protest the issuance of the I icense and to remonstrate with the department for its fai lure to give timely notice to the City, carried unanimously. ORDER OF BUSINESS It was ordered by the Chair that the regular order of business be resumed. RESOLUTIONS RESTRICTION OF PARKING, BEACH ROAD Resolution No. 89 Having adopted a bi I I dated November 3, 1965, the Counci I received a resolution establ ishin9 loading zones opposite U. S. Mail collection boxes on either side of Beach Road, west of Juanita Lane. -3- Cou nc i I 1166 I I ..,.., ,.,.. Counc i I #66 11-22-65 Motion of EI I inwood, seconded by Hoffmire, to adopt Resolution No. 89, carried unanimously: AYES: COUNC I UvlEN: EI I inwood, Hannahs, Hoffmire, Parnel I, StrawbridgG NO ES : COUNCILMEN: None t'\BSENT: COUNCILMEN: None ACCEPTANCE OF GRANT DEED - Chester Bowles, Jr. Resolution No. 90 Counci I received agenda bil I dated November 17, 1965, recommending adoption of the resolution Accepting Grant of Land to the City of Tiburon. Motion of Hoffmire, seconded by Hannahs, to adopt resolution No. 90, accepting a Grant Deed to a parcel of land at 180 Hacionda Drive, consisting of a strip of land of the uniform width of five (5) feet lying Southwesterly of and contiguous to the Northeasterly I ine of the property to be divided, carried unanimously: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None "701" GENERAL PLANNING PROGRAM - Wil I iams, Cook and Mocine Resolution No. 91 The Counci I received a bi I I dated November 19, 1965, from the Planning Commission, recommending approval of an appl ication for "701" Federally assisted planning program as submitted to the Commission dated October 1965. Motion of Hoffmire, seconded by Hannahs, to adopt Resolution No. 91, a Resolution Relative to Urban Planning Assistance, carried unanimously: f~ YES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnol I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor asked that the minutes show that the Downtown Plan now being prepared by Cal I ister and Payne was not an interim plan and was not subject to dupl ication under the Federally assisted program now being approved. PARKS AND RECREATION COMMISSION At the request of Parnel I, the matter of the establ ishment of a Parks and Recreation Commission was I ifted from the suspense calendar. Parnel I thereupon submitted a draft of a revised resolution establ ishing a Parks and Recreation Commission, asked that it be placed on the next agenda and sol icited opinions and remarks respecting the draft. MINUTE ORDERS PROHIBITION OF REAL ESTATE FOR SALE SIGNS The Counci I received a bi I I from the Reedland Property Owners Association dated 3 November, 1965, asking that the city proceed to enforcement of Section 556 of the Cal ifornia Penal Code prohibiting the placement of advertising material on city or state property without a permit. Tho bi I I carried the recommendation of the City Manager that the City Attorney be asked to give a writton opinion to the Counci I on the enforcement of Section 556 of the Penal Code and the feasibi I ity of an alternative local ordinance. Motion of Hoffmire, seconded by Hannahs, to adopt the recommendation of the City Manager, carried unanimously. -4- Counc i I #66 11-22-65 Counc i 1 #66 I 1-22-65 APPROVAL OF GARBAGE DUMP SITE The Counci I received a letter from the Mi I I Val ley Garbage Company dated 18 October, 1965, submitting the dump site operated by the Richmond Sanitary Service, situated partially in the County of Contra Costa and in the City of Richmond as the site- designate required by Paragraph 4 of the contract between the City of Tituron and the Mil I Val ley Garbage Company for refuse collection. Also submitted was the bi I I of the City Manager dated November 3, 1965, recommending that the Counci I accept the site. It was moved by Hoffmire, seconded by EI I inwood, to adopt tho recommendation of the City Manager and approve the site. It was moved by Strawbridge, seconded by Hannahs, to amend the main motion by making approval subject to review when a more acceptable site or method of disposal was avai lable. After debate, the amendment was unanimously approved. The question was cal led on the main motion as amended and the main motion carried unanimously. PETITION FOR REIMBURSEMENT OF EXPENSES The Counci I received a letter from Tiburon Sanitary District No.5 dated 28 October, 1965, petitioning the City for reimbursement of expenses in the amount of $1,729.93 incurred by the Sanitary District during proceedings to establ ish an assessment district, which proceedings were subsequently arrested by action of the City. Also submitted was an agenda bi I I dated November 3, 1965, from the City Manager recommending that the matter be referred to the City Manager and City Attorney for a review of the proceedings with respect to the claim. Motion of EI I inwood, seconded by Hoffmire, to adopt the bi I I, carried unanimously. ORDER FOR ANNUAL AUDIT The Counci I received a bil I from the City Manager dated November 3, 1965, finding that a practical audit of the City's books for the fiscal year 1964-65 had been completed in large measure and recommending that no additional audit be made unti I the conclusion of the current fiscal year, thereby saving a amount of $350.00. After extended debate, motion of Hoffmire, seconded by EI' inwood, to adopt"the bi I I failed: AYES: COUNCILMEN: EI I inwood, Hoffmire NOES: COUNCILMEN: Hannahs, Parnel I, Strawbridge ABSENT: COUNCILMEN: None Motion of Parnel I, seconded by Hannahs, to order an audit of the City's books for the fiscal year 1964-65 carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Parnel I, Strawbridge NOES: COUNCILMEN: Hoffmire ABSENT: COUNCILMEN: None COMMUNITY TV ANTENNA SYSTEM The Counci I received a bi 1 I dated November 3, 1965, finding that standards for community TV antenna systems were lacking in the City and in the County and recommending that the matter be continued unti I the model ordinance now being prepared by the League of Cal ifornia Cities be received and studied. Mr. George A. Born, Jr., the petitioner, appeared before the City Council and spoke in behalf of his appl ication, mentioning generally the method of operation and the possible location for the master antenna. Motion of Hoffmire, seconded by Hannahs, to adopt the bi I I, carried unanimously. -5- Counc i I #66 I 1-22-65 Counc i I #66 I 1-22-65 CANCELLATION OF SECOND REGULAR MEETING IN DECEMBER, 1965 The Counci I received an agenda bi I I dated November 18, 1965, recommending that the regular meeting of 27 December, 1965, be cancel led, except that need arising, the Mayor might cal I a special meeting. Motion of Hoffmire, seconded by EI I inwood, to adopt the bi I I, carried unanimously. PURCHASE OF SURPLUS STATE PROPERTY EngineerYs office at Reed Ranch Road The Counci I received a bi I I dated November 17, 1965, finding that on November 10, 1965, the State Division of Highways had offered a house located at 460 Tiburon Blvd., presently being used as the office of the Resident Engineer, would shortly be avai lable as surplus, and recommending that the Counci I express an intent to acquire the bui Iding if suitable property could be acquired, and instructing the .City Manager to investigate and report on the proposal. Motion of Hannahs, seconded by Hoffmire, to adopt the bi I I carried unanimously. ORDER OF BUSINESS The next order of business regularly on the agenda being the question of asking the City Attorney for an opinion on the relationship of existing interim zoning to previous zoning, question raised by Hannahs, the chair ruled that the matter would be passed over and the next matter in regular order would be considered. MINUTE ORDERS TRAFFIC AND PEDESTRIAN SAFETY, TIBURON BLVD. AND ROCK HILL ROAD Council received an agenda bi 1 I dated November 3, 1965, recommending the installation of cross walks on Hawthorne Drive and the negotiations with the Division of Highways concerning certain other safety matters on Tiburon Blvd. Motion of Hannahs, seconded by EI I inwood, to adopt the bi I I carried unanimously. PEDESTRIAN AND VEHICULAR SAFETY De I Ma r a rea The Counci I received an agenda bi I I dated November 17, 1965, accompanying recommendations of the Pol ice for the installation of traffic signs, cross walks and the trimming of shrubs, as contained in a letter from the Pol ice services to the City Manager dated October 21, 1965. Motion of Hoffmire, seconded by EI I inwood, to adopt the bi I I, carried unanimously. REPORTS Motion of Hannahs, seconded by Hoffmire, to adopt reports for the month of October, of the Treasurer, of the City Manager, the Pol ice Services, Planning and Development; the reports on survey of Tiburon waterfront by Sma I I Craft and Harbor Commission from the City Manager, the feasibi I ity study on City operation of theMerchants Association Parking Lot and the report of the study by the County of Uniform salary Standards for Publ ic Safety Officers, carried unanimously. ADJOURNMENT There being no further business, the meeting was adjourned sine die at 11:45. CX7P~ . CITY CLERK Approved by the City Counci Ion: /'{~J J; , 1965 L " iJ<~ W, 4~-;; MAYOR ;. -6- Cou nc i I 1166 I 1-22-65 Minutes 1167 (Recorded) CITY COU~CIL Decembor 13, 1965 CITY OF T I 8URO~! I. CALL TO ORDER The regular mooting of the City Counci I of the City of Tiburon, State of Cal ifornia, was cal led to order by Mayor Gorjon W. Strawbri0go Qt 8:20 f,.m. Decom~er 13, 1965, at the Del Mar School. I I. F~OLL CALL PRESENT: COUNCILMEN: E I I i nwoocJ Hannahs Hoffmire Parno II Strawbr i dge ABSENT: COUNC I U1EN: None I I I. APPROVAL OF MiNUTES Motion of Hoffmire, seconded by Pai~nell, to ari'rovo ~1inutes /!65 of November 8, 1965, as amended, carrierl unanimouSly. Motion of Hoffmiro, seconded by Hannahs, to arrrovu Minutes #66 of Novomber 23, 1965, carried unanimously. I V . C Lf\ I MS /\ND DH1f\NDS Motion of Hoffmire, seconded by Hannahs, to ar1~rove Register of Claims No. 17, carrie~ unanimously: /\ YES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: Nono P,BSENT: COUNCILMEN: None ORDER OF BUSINESS The Chair orl!ered that the Counci I would take ur the regular matters on the agenda from 8:00 r.m. to 9:00 r.m. and that from 9:00 r.m. to 11:00 r.m. the Counci I woul~ hear the matter of tho Tiburon Tidelands ar'r' ication for a use permit and at I 1:00 r.m., the Counci I would resume the regular ornor of business. ORD I Nf\NCES CENSING BUSINESS, TRADES, PROFESSIONS FOR REVENUE PURPOSES Or~inance No. 46 An Ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON LICENSING THE TRANSACTION AND CARRYING ON OF CERTAIN BUSINESSES, TRADES, PROFESSIONS, CALLINGS, AND OCCUPATIONS IN THE CITY OF TI8URON FOR THE PURPOSE OF RAISING MUNICIPAL REVENUE, PROVIDING A PENALTY FOR THE VIOLATION THEREOF, AND PROVIDING FOR THE REPEAL OF ORDINANCE NO. 27, having passed first roa~ing at the mooting of Novembor 22, 1965, came on for second reading an~ arlortion. Motion of HOffmirG, seconrled by EI I inwoo~, to road tho ordinance hy title only, carried unanimously: AYES: COUNCILMEN: EI I inwoo~, Hannahs, Parnol I, Hoffmirc, Strawbri~ge NOES: COUNCILMEN: None Af3SENT: COUNCILMEN: None Tho ord i nance was so rea(!. It wa s movoc' by Hof fm ire, seconded by E! j i nwor)(!, to a (jo~!t Ore! i nAnce Nc. <16. Mr. Lou Britt, arrearod before the Caunei I an~ stated that it was his orinion that tho tax on a mota I was too high ancJ asked that th\.; eounc i I give mc're cons i derat ion regard i ng th i s bofore pass i ng tho or,,' i nancc). -1- Counc i I #67 12-13-65 After discussion, the quostion being cal 100 for, the motion carried unanimously: /\ YES: COUNCILMEN: EI! inwoo~, Hannahs, Hoffmiro, Parnel I, Strawbridge NO E S : COUNCILMEN: None hBSENT: COUNCILMEN: Nono RESOLUTIONS PARKS, RECREATION AND OPEN SPACE COMMISSION Resolution No. 92. Counci Iman Parnol I r'rescnted an oral rorort of tho ael hoc committee, recommending adortion of tho resolution estab! ishinq tho Commission. After discussion, it was movo~ by Hannahs, seconded by Hoffmire, to. acort Resolution No. 92, carriod: 1\ YES: COUNCILMEN: Hannahs, Hoffmiro~ Parnel I, Strawbrirlge NOES: COUNCILMEN: El I inwood ABSENT: COUNCILMEN: Nono EXTRAORDINARY BUSINESS APPEAL FROM DENIAL OF USE PERMIT BY PLANNING COMMISSION Tiburon Tir.olands Co. The Mayer read a lotter dated November 18, 1965, from Frcrlerick E. Watson, attorney for Tiburon Tidolan~s Co., which letter statod that Tiburon Tidelands Co. arrealecl to the City Counci I from the ~ocision of the Planning Commission ronderod October 18, /965, ~enying the issuanco of use rormits as rcqueste~ by Tiburon Tidelands Co. in its arpl ication of DecGmber 16, 1964, notice of which said docisions was sent to Tiburon Tidelanes on October 21, 1965. Said letter formally domanded that Counci Iman Strawbridge an(~ Counci I woman EI I inwood (1isqual ify themselves from sitting at the said hearing on the grounds that they werc) biased and rrejudiced. Mr. Watson's letter was fi led with the Clerk. The Mayor rol inquishoc chairmanshir of the meeting to Vico Mayor John Hoffmire. The Vice Mayor assumed the chairmanshir and anllouncerl the rrocedure which would be fol lowed during consideration of tho use rcrmit arr! ication of Tiburon Ti~elands Co. The Chairman asked arrl icant if it har! any facts it desired to rroducc in surrort of the al legations that Counci Iman Strawbridge and Counci I woman EI I inwood wore biased an~ rrejudiced, etc., as al lagad in Mr. Watson's aforementione~ letter of November 18, 1965. Mr. Watson stated that thero was uvidenco which arpl icant rlcsired to introduco. Mr. Moor, Presi~Gnt of Tiburon Tirlelanc's, then rocite~ certain informatian which he al leged in~icated bias an~ ~rejudice. Mr. Watson rea~ a rortion of an article rub I i shod in the Ebb T i (!e nev/sl'al_'or on Se[,tembcr 9, 1965, anc! S(J i:j art i c 10 was receivod into evidence and marked Exhibit No. I. Mr. Watson then road an article that had beon rubl ished in tho Inrlcrenclont Journal nowsparor on August 10, 1965, 3nc sail' Exhibit was introduco~ into evidonce and marked Exhibit No.2. Mr. Watson then read a letter which ho had written to the City Counci I on Decembor 12, 1965, with Exhibits A-P attached thoroto. Said lotter was introduced into evidence and markod Exhibit No.3. Mr. Watson then read Exhibit L attached to Exhibit No.3. The City Manager presented a lotter written by Tiburon Ti~elands Co. dated August 14, 1965, which was introducod into evidence an~ marked Exhibit 4. -2- Counci I #67 12-13-65 Cnunc i I (67 12-13-65 Tho chair inquired whethor thoro was additional ovi~oncG to he rrorlucorl an~ was advised thoro was none. The chair then inquired of Mayor Strawbri~ge whether ho was able to sit on the Counci I and hear tho pending aprl ication and the evi1ence fairly and impartial!y and to decido the matter on its merits. Tho Mayor stated that ho could and would. The same question was asked of Counci Iwoman EI I inwood an~ she statorl that sho could and that sho would. The chair then found as a fact that the two chal longed Counci lman coulJ act fairly and impartially; that they were not biased or rrujudicccl; that they were qual ifie~ to hoar and vote on the ponding aprl icatlon. Tho chair cal led uron the Administrator of Planning and Devolormont, and tho City Manager, to rrosent whatever rerorts, evidonce or other data they might have in regard to the arr' ication. The Administrator rroduced, and identified, tho fal lowing documents which had beon introduced as Exhibits before tho joint meeting of tho Planning Commission and the City Counci I of August 18, 1965. Said Exhibits had boen marked at said joint moeting as fol lows: Exhihit A - Master r1an ~re~ared by Oglesby. Exhibit B - Mar rrorarod by Britt and Associates, dated January 26, 1965. Exhjbit C - ~endering by Sogal, r.ated June 196~. Exhibit D - Mar of unknown origin showing rroperty I inos, bearing a first date of Apri I 2, 1962. Exhibit E - ^rrl Ication of Tiburcn Yacht Club, Inc., to the Army Engineers, No. 66-4, July 20 for a permit to bui Id a yacht harbor. Exhibit F - An amended drawing for Tiburon Tidelands Co, elated March 1965, showing berths in tho master plan. Exhibit G - Rendering dated March 24, 1965. Exhibit H - I\mendment to Exhibit F, i',roran)d by Tiburon Yacht Club, Inc. dated J u I Y I 5, 1965. Exhibit J - Rendering in color by Tiburon Yacht Club, Inc., undated. Exhibit K - Aerorhoto by Aero Photographers, dated Juno 3, 1963. The City Manager then read a report, riatod December 13, 1965, which he had prepared. The report was a dotai led Qnalysis ~f the history of the present a~rl ication, including a review of the action which had boen taken by the Planning Commission and other City officials in regard to tho arpl icaticn. The report alsc contained a detal led analysis of the City9s planning po: icy; the reasons for the said pol icy and tho means the City proroso(~ using to imr1ement said po! icy; the reasons why tho Planning Commission had recommonded donial of the issuance of a use permit at the present timo to aprl icant; the reasons why tho City staff had recommended that tho use permit aprl ication be rlenierl at this time. The City Manager's report was introduced into evidenco and marked Exhibit No.5. The Administrator of Planning and Development then introduced into evi~cnco tho fol lowing documents which wero marked as fol lows: Exhibit 6 - Copy of tho final Citizons Co~mittoc report. Exhibit 7 - Cory of /965 Assossor9s map. Exhibit 8 - Cory of 1965 Assessor9s rol i. Exhibit 9 - Copy of Marin County Subdivision Ordinance No. 640. Exhibit 10 - Cory of Sanitary District No.5 map. Exhibit I I - Copies of tho A~ministrator's staff rororts ro Tiburon Tidelands use permit appl ication. -3- Ccunc i: #67 12-13-65 Co~nci! /167 12-13-65 Exhibit 12 - Copy of PI~~~ing Commission minutes No. 43 of October 18, 1965. Exhibit 13 - AI I exhibits presentoe to the P:anning Commission at its joint meeting with tho City Counci I on August 18, !965. (Exhibits A - K above) Exhibit 14 - Roport of Dames & Moore Job No. 5225-001-03, Soi Is Investigation and Consuitation, Phuse I, Proposed Water Front Development, Tiburon, Cal ifornia, for Tiburon Tidelands Co. RECESS The Chairman cal led a recoss. Af+or a short recess, rol I cal I was taken and al! counci Imen were present as the meeting resumed. The chair then advised appl icant that it could (I) cross-examine the rersons who addrossed the Counci I, and (2) offer evidence in support of its appl ication. Mr. vJatson, attorney for app I i cant, ~cj(~ resscd nume reus quest ions to tho City Manager and tho Administrator of Planning and Development, an~ the City Manager and Administrator repl ied to tho questions asked. Mr. Watson then presented a map drawn by H. Morgan Noble; tho mar was introduced intc evi~ence and marked Exhibit No. 15. Mr. Watson then roa~ several of tho documents attached to Exhibit No.3, and questione~ the City Manager In dotai I in regard to the documonts. Mr. Watson then demanded that the chair announce under what ordinance this meeting was being conducted. Tho chair advised Mr. Watson that Ordinance No. 40 (requiring tho issuance of a use permit, and providing for an appeal rrocedure) was appl icable. Mr. Watson then demanded that the Counci I rule on tho constitutionnl ity of Ordinance No. 40. The chair rule~ that Ordinance No. 40 was constitutional. Mr. Louis Britt was then producen as d witness for appl icant. Mr. Britt read a letter dated December 13, 1965, and said letter was marke~ as Exhibit No. 18. Mr. Britt spoke in favor of the issuance rf a use permit to arrl icant as requested. Mr. Watson introduced into evidonce tho City of Tiburon Zoning Map as Exhibit No. /6. Mr. Robert Lucas, representing the Tiburon Yacht Club an~ Mr. Leo Karney, architect, were produced by appl icant and sroke in favor of the appl icaticn. Mr. Watson introducod into ovidence the marin County Zoning Ordinance as Exh i bit No. I 7 . Mr. Donald Newmark, city and regional planner, addressed tho Counci I and spoke in favor of the arpl ication. Mr. W. C. Holman, speaking on behalf of Harbor Carriers, stated that there was a need for a yacht harbor in the Ci~y of Tiburon. Mr. Albert Segal, architect, spoke on behalf of the app! ication. Mr. Watson was then asked whether there was any additional evidence that appl icant desired to produce in support of its apr! ication and Mr. Watson stated that appl icant had no further evidsnce to produce. The chair then recognized the inrlivirlua! members of the Counci I and cal led upon them for any remarks or questions which they might have. Thero fol !owed extensive discussion of the matter by the various members of the City Counci I, including certain questions askod of T. P. Ke! ley, Jr., Esq., who state~ that he was an attorney representing the Northwestern Pacific Rai Iroad. The chair then asked if any members of the rubl ie desired to be heard. Mr. Ramp Harvey stated that he appeared as a member of the Corinthian Yacht Club and stated that in tho event tho appl ication was granted, the permit should be conditioned as previously requested by the Corinthian Yacht Club. -t1- Counci I 1167 12-13-65 Counc i I 1167 12-~3-65 Mr. John McChesney statod that the waterfront was tho key to the entire development of Tiburon and, accordingly, tho Council, having authorized and initiatoc! extensive planning studies by profossional planning consultants on the very ~roblem now before tho Counci I, should await the final report from the planning consultants (Cal lister and Payne) before authorizing additional clevclopment in the area heing studied. Mrs. Robart Moor, Secretary of Tiburon Tidelands Co., stateJ that tho rerort from Cal I ister and Payne, expected on Docember 20, 1965, would not rrovido the answers to al I of tho questions as soon as it was presented to the City. Mrs. Moor pointod out that the ~Ian or plans presented on the 20th would have to be studied anc approved by tho Planning Commission and studied and approved by tho City Counci I before there would be an official City ro1icy in regard to waterfront development. She stated that this would probably tako considerable time. Aftor oxtensive further discussion by th8 members of the Councl I, it was moved by Counci I woman El I inwood that the appl ication of Tiburon Tidelands Co. be ~enied; that the City Counci I confirm anu approve tho action of the Planning Commission; that the appl ication be denied uron ai l of the grounds, and for the reasons it was deniod by the Planning Corr.mission and for the additionai rooson thot the Interim Ordinance wos adorted pursuant to Section 65806 of the Government Code (now Section 65858) and that tho City Counci! finds as a fact tha~ the ~roposed development may be in confl iet with the new contemplated zoning rroposals which tho legislativo body, and Planning Commission, is considering and studying and intends to study further. Tho motion was seconded by Mayor Strawbridge. Mr. Ramp Harvey then addressed tho Counci I in regarc] to the app! ication, as did Juanita Auroguy ann Mrs. Mimi Borticovich. Mr. Watson asked the chair to state whether appl ieant was require~ to complv with the City's subdivision ordinances (and the State Subdivision Mar I\ct) before a use permi+ would be issued. The cha!r advised Mr. Watson that campi innce would be necessary. The Counci I then voted upon tho motion of Counci I woman Ei I inwood and the said motion carried by the fol lowing vote: !\YES: COUNCILMEN: El I inwood, Hoffmiro, Parnel I, Strawbridge NOES: COUNCILMEN: Hannahs /\85 ENT: COUNCILMEN: None ADJOURNMENT The meeting then adjourned at 1:55 a.m. ~!J;2~ - CITY CLERK Approved by the City Counc! Ion: i '-'l'<L, 13 ' 1966 I I ~ 11nkv J.), 4~ MAYOR -5- Minutes #68 CITY COUNCIL January 13,1966 CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Counci I of the City of Tiburon, State of Cal ifornia, was cal led to order by Mayor Gordon W. Strawbrtdge at 8:10 p.m., January 13, 1966, at the Del Mar School. II. ROLL CALL PRESENT: COUNCILMEN: Hannahs Hoffmire Parne I I Strawbridge ABSENT: COUNCILMEN: EI I inwood <Present at 8: 14) I I I. APPROVAL OF MINUTES Motion of Hoffmire, seconded by Hannahs, to approve Minutes #67 of December 13, 1965, c~rried unanimously. IV. CLAIMS AND DEMANDS Motion of Parnel I, seconded by Hoffmirc, to approve Register of Claims No. 18, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ORDINANCES PROHIBITION OF USE AND CARRYING OF FIREARMS IN CITY The Chair directed that this ordinance be set aside to al low the City Attorney to review. CONSENTING TO INCLUSION OF CERTAIN PROPERTIES IN TIBURON FIRE PROTECTION DISTRICT Introduction and First Reading. An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON CONSENTING TO INCLUSION OF CERTAIN PROPERTIES IN THE TIBURON FIRE PROTECTION DISTRICT, was introduced by the Chair. Motion of Hannahs, soconded by Parnel I, to read the ordinance by titlo only, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmiro, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The ordinance was so read. Motion of Hoffmire, seconded by Parnel I, that the ordinance be considored as having passed first reading, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None -1- Counc i I #68 1-13-66 Counc i I #68 1-13-66 COMMUNITY ANTENNA TELEVISION SYSTEMS There was introduced a modo I ordinance prepared by the League of Cal ifornis Cities regulating a community antonna system and providing torms and conditions for the oporation, and the issuance of franchises. The Chair appointed Councilmen Hoffmire and Parnel I as an ad hoc committee to consider various policy questions in consideration of the ordinance. PROHIBITION OF REAL ESTATE ADVERTISEMENT SIGNS ON PUBLIC WAYS IN THE CITY Introduction and First Reading. An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON PROHIBITING REAL ESTATE ADVERTISEMENT SIGNS ON PUBLIC WAYS AND PROVIDING FOR PENALTIES THEREFOR, was Introduced by the Chair. The proposed ordinance was road in ful I. It was moved by EI I inwood, soconded by Parnol I, that the ordinance bo considorod as having passod first reading. .77J c..._--. Mr. Irving Lipschultz, Mr. Louis Britt a-n-crMI5. [I iZ:Jbeth St.. -Gav-f-65- appeared hcfore the Council and spoke with rogard to the ordinance. \. The question being cal led, the motion carried: AYES: COUNCILMEN: EI linwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTIONS INSTALLATION OF STOP SIGN AT GELDERT AND ROWLEY CIRCLE Resolution No. 93 A resolution entitled RESOLUTION OF THE CITY OF TIBURON DIRECTING INSTALLATION OF STOP SIGN AT GELDERT AND ROWLEY CIRCLE was read. Motion of Hoffmire, seconded by Hannahs, to adopt Resolution No. 93, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnol I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ORDER OF BUSINESS It being tho hour of 9:00, the appointed time under standing ordors of tho Counci I for consideration of the addendum, the Chair ordered consideration theroof. ADDENDUM APPLICATION FOR USE PERMIT Fred Jukich, Assessor's Parcel No. 59-181-03, 59 The application for use permit was continued from Counci I meeting of November 22,1965. The Administrator of Planning and Development reviewed the scaled drawings showing accurate dimensions of the dock and pier. Motion of Hoffmire, seconded by EI linwood, to confirm and approve the action of .tho Planning Commission of August 16, 1965, conditionally approving the appl ication for use permit, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None -2.. Counc i I 1/68 1-13-66 Counc i I 1168 1-13-66 M/\ J N STREET PARK I NG AND PLAN ADJ USTMENT Fred Zo I i nsky The Administrator of Planning and Development presented tho staff report and the action of the Planning Commission of November 15, 1965, conditionally approving Main Street Parking and Plan Adjustment. Mr. Louis Britt appeared before tho Counci I and spoke on the matter. Motion of Parnol I, seconded by Hoffmire, to approve and confirm the action of the Planning Commission to al low the parking lot for No. I Main Street to change from right angles to paral lei to Tiburon Boulevard, carried: AYES: COUNCILMEN: EI I inwood, Hoffmire, Parnol I, Strawbridge NOES: COUNCILMEN: Hannahs ABSENT: COUNCILMEN: None Motion of Hoffmire, seconded by Hannahs, to approve and confirm action of the Planning Commission, changing the setback requirements to four feot eight inches on No. I Main Street, carried: AYES: COUNCILMEN: EI linwood, Hannahs, Hoffmire, Parnell, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nono AP?LICATION FOR USE PERMIT Belvedere Land Co. The Administrator of Planning and Development presented tho staff roport and the action of the Planning Commission of DecGmber 6, 1965, conditionally approving the use permit. Motion of Hoffmire, seconded by Parnel I, to confirm and approvG the action of the Planning Commission, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None PETITION TO RENAME VISTAZO EAST AND MATSCHEK DRIVE Spanish Trai I Road The Administrator of Planning and Development presented the staff report and the action of the Planning Commission of December 6, 1965, approving tho ronaming of a portion of Vistazo East Street and Matschek Drivo to Spanish Trai I Road. Motion of Hoffmire, seconded by Hannahs, to confirm and approve the action of the Planning Commission, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmiro, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None TENTATIVE SUBDIVISION MAP Norwitt, Bounded by the Lands of Burnett, Moore, AI Ion and Place, Off Round Hil I Road The Administrator of Planning and Development reviewed the staff report and the action of the Planning Commission dated December 20, 1965, conditionally approving the tent@tive subdivision map. Mr. Kenneth Frost appeared before tho Counci I and spoke on the problem of putting in underground uti lities. .. 3.. Counc i I #68 l-t3-66 Cou nc i I 1168 1-13-66 Motion of Hoffmire, seconded by Parnel I, to confirm nnd npprove the action of tho Planning Commission, carricd: AYES: COUNCILMEN: EI I inwood, Hannahs, Hcffmire, Parnol I, Strawbridge NOES: COUNCILMEN: None ASSENT: COUNCILMEN: None APPLICATION FOR USE PERMIT Harold Youngman, Lot 18, Lyford's Hygeia, 185i Mar West The Administrator of Planning and Development reviewed the staff report and the action of the Planning Commission dated December 6, 1965, conditionally approving tho use permit. Motion of Hoffmire, seconded by Parne! I, to confirm and approve the action of the Planning Commission, carried: AYES: COUNCILMEN: EI linwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ASSENT: COUNCILMEN: None ORDER OF BUSINESS Tho Chalr docreed a five-minute recess at 10:40 p.m. At the expiration of the appointed time, the moeting was reconvened. The Chair ordered that the rol I be cal led: PRESENT: COUNCILMEN: EI linwood, Hannahs, Hoffmire, Parnel I, Strawbridge ASSENT: COUNCILMEN: None ADDENDUM APPLICATION FOR USE PERMIT Shepherd of the Hi I Is Lutheran Chruch The Administrator of Planning and Development reviewed the staff repoit and the action of the Planning Commission dated December 6, 1965, recommending approval of the use permit. Motion of Hannahs, seconded by Parnel I, to confirm and approve the action of the Planning Commission, carried: AYES: COUNCILMEN: EI linwood, Hannahs, Hoffmiro, Parnel I, Strawbridge NOES: COUNC I LMEN: None ABSENT: COUNCILMEN: None MINUTE ORDERS RATIFICATION OF AUTHORIZATION TO EXECUTE LEASE WITH OPTION TO PURCHASE Pick-up Truck. Motion of EI I inwood, seconded by Hoffmire, to adopt tho City Manager's rocommendation dated Decomber 6, 1965, that the quotation of the DeLong Chrevrolct Co. be accepted and that the City Manager be authorized to onter into a lease with option to purchase through the Cank of America in accordanco with the facts, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Counc i I #68 -4- 1-13-66 Counc i I 1/68 1-13-66 PtR10DIC BUDGET PERFORMANCE REPORT The City Manager reviewed his report dated November 30, 1965, on the performance of tho 1965-66 Budget. Motion of Hoffmire, seconded by EI I inwood, to ~pprove transferring $1,050 from the contingency fund in accordance with recommendations of the City Manager's report, carried: AYES: COUNCILMEN: EI I inwood, Hoffmire, Parnol!, Strawbridge NOES: COUNCILMEN: None ABSTAIN: COUNCILMEN: Hannahs ABSENT: COUNCILMEN: None STUDY AND RECOMMENDATIONS ON PUBLIC LIABILITY INSURANCE Motion of Hoffmire, seconded by EI I inwood, that the City Manager be authorized to proceed in securing bids on I iabi I ity insurance in accordance with the recommendations of Charles L. Robinson, Insuranco Consultant, dated December I, 1965, as contained in the City Manager's report of December 6, 1965, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nono . . "j-;,lENT OF REPRESENTATIVE OF CITY TO URBAN THOROUGHFARE COMMITTEE ~0i-ion of Hoffmire, seconded by Parnel I, that the City Manager be appointed to represent the City on the Urban Thoroughfare Committee, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnei!, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None CONSIDERATION OF CONTRIBUTION TO PUBLIC CHRISTMAS DECORATIONS Motion of Parnel I, seconded by Hoffmire, to authorize the City Manager to work with Chamber of Commerce to establ ish a pol icy regarding contributions by the City in support of activities of associations, socities and other simi lar organizations, carried unanimously. ADDENDUM 'QPLICATION FOR USE PERMIT 2343 Mar East, Alan Regan The Administrator of Planning and Development reviewed the staff report and the action of the Planning Commission dated December 20, 1965, approving of the use pormit. ;~otlon of Hoffmire, seconded by Hannahs, to approve and confirm the action of the Planning Commission, carried: AYES: COUNCILMEN: EI linwood, Hannahs, Hoffmire, Parnol I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None TENTATIVE SUBDIVISION MAP Shopherd of the Hi I Is Lutheran Church The Administrator of Planning and Development explained the tentative subdivision map and tho action of the Planning Commission on September 21, 1964, conditionally approving the tenative subdivision map. -5- Counc i I #68 1..13-66 Counc i I #68 1-13-66 Motion of Hoffmiro, seconded by EI I inwood, to approve the tentativo map, subject to the conditions of the staff report dated September 21, 1964, and to tho additional condition that all uti 1 ities be placed underground, and that the one year I imitation be waived, carriod: AYES: COUNCILMEN: EI linwood, Hannahs, Hoffmirc, Parnel I, Strawbridge NOES: COUNCILMEN: Nono ABSENT: COUNCILMEN: Nono APPLICATION FOR ADJUSTMENT PERMIT One Berke Court, L. H. Larsen The Administrator of Planning and Development reviewed tho staff report and the action of the Planning Commission dated December 20, 1965, approving the adjustment pormit. Motion of Hannahs, seconded by Hoffmire, to confirm and approve the action of the Planning Commission, carried: AYES: COUNCILMEN: E! linwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCilMEN: None ABSENT: COUNCILMEN: None REPORTS Motion of Hoffmire, seconded by EI linwood, that the Treasurer, City Manager Financial Reports, months of November and December 1965; Tiburon Pol ice and Sheriff Station report, month of November 1965; Departmont of Planning and Development report, months of November and December 1965; Department of Construction and Maintenance, report of November 1965; Extended use of promises at 1610 Tiburon Blvd. for City Office report; and Operation of off-street parking faci I ities by City, be accepted and fi led, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel i, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ADJOURNMENT ,e meeting was thereupon adjourned sine dio at~~ _ C I Y CLERK Approved by the City Counci Ion: 1,k ) .4. /r~~ r;fj IY! !.'. +-r~ c ' 1965 MAYOR -6- Counc i I #68 1-13-66 Minutes #68 CITY COUNCIL January 13,1966 -\ CITY OF TIBURON I. ,CALL TO ORDER The regular meeting of the City Council of the City of Tiburon, State of Cat ifornia, was cal led to order by Mayor Gordon W. Strawbridge at 8: 10 p.m., January 13, 1966, at the Del Mar School. II. ROLL CALL PRESENT: COUNC I U.1EN : Hannahs Hoffm ire Parnell Strawbridge ABSENT: COUNCILMEN: Ell inwood (Present at 8: 14) I I I. APPROVAL OF MINUTES Motion of Hoffmire, seconded by Hannahs, to approve Minutes #67 of December 13, 1965, , carri~~ unanimously. ./ IV. CLAIMS AND DEMANDS Motion of Parnel I, seconded by Hoffmirc, to approve Register of Claims No. 18, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ORDINANCES PROHIBITION OF USE AND CARRYING OF FIREARMS IN CITY The Chair directed that this ordinanco be set aside to al low the City Attorney to review. CONSENTING TO INCLUSION OF CERTAIN PROPERTIES IN TIBURON FIRE PROTECTION DISTRICT Introduction and First Reading. ~ ~ ./ ~ 0rdinance entitled AN ORDINANCE OF THE CITY OF TIBURON CONSENTING TO INCLUSION l; CERTAIN PROPERTIES IN THE TIBURON FIRE PROTECTION DISTRICT, was introduced by the Chair. i ~ Motion of Hannahs, seconded by Parnel I, to read the ordinance by title only, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmiro, Parnel I, Strawbridge NOES: COUNCILMEN: Nono ABSENT: COUNCILMEN: None I I, I I I I The ordinance was so road. Motion of Hoffmire, seconded by Parnel I, that tho ordinance be considered as having passed first reading, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnol I, Strawbridge '. NOES: COUNCILMEN: None /' ABSENT: COUNCILMEN: None -1- Counc i I #68 1-13-66 Counc i I #68 1-13-66 COMMUNITY ANTENNA TELEVISION SYSTEMS There was introduced a model ordinance preparod by tho League of Cal ifornis Cities regulating a community antonna system and providing terms and conditions for the operation, and the issuance of franchises. The Chair appointed Councilmen Hoffmire and Parnel I as an ad hoc committoe to consider various policy questions in consideration of the ordinance. PROHIBITION OF REAL ESTATE ADVERTISEMENT SIGNS ON PUBLIC WAYS IN THE CITY Introduction and First Reading. An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON PROHIBITING REAL ESTATE ADVERTISEMENT SIGNS ON PUBLIC WAYS AND PROVIDING FOR PENALTIES THEREFOR, was introduced by the Chair. The proposed ordinance was road in ful I. It was moved by Ell inwood, soconded by Parnel I, that the ordinance bo considored as having passed first reading. Mr. Irving Lipschultz, Mr. Louis Britt and Mrs. EI izaboth St. Davids appearod hofore the Council and spoke with regard to the ordinance. The question being cal led, the motion carried: AYES: COUNCILMEN: EI linwood, Hannahs, Hoffmiro, Parnol I, Strawbridge NOE S : COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTIONS ii~ST^LLATION OF STOP SIGN AT GELDERT AND ROWLEY CIRCLE Resolution No. 93 A resolution entitled RESOLUTION OF THE CITY OF TIBURON DIRECTING INSTALLATION OF STOP SIGN AT GELDERT AND ROWLEY CIRCLE was read. Motion of Hoffmire, seconded by Hannahs, to adopt Resolution No. 93, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire6 Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ORDER OF BUSINESS It being the hour of 9:00, tho appointed timo undor standing orders of the Counci I for '~0nsideration of the addendum, tho Chair ordered considoration thereof. ADDENDUM APPLICATION FOR USE PERMIT Fred Jukich, Assessor's Parcel No. 59-181-03, 59 The application for use permit was continued from Counci I meeting of November 22,1965. The Administrator of Planning and Development reviewed the scaled drawings showing accurate d1mensions of the dock and pier. Motion of Hoffmire, seconded by EI linwood, to confirm and approve the action of the Planning Commission of August 16, 1965, conditionally approving the application for use permit, carried: AYES: COUNCILMEN: EI linwood6 Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None -2- Counc i I #68 1-13-66 Counc i I #68 1-13-66 MAIN STREET PARKING AND PLAN ADJUSTMENT Fred Zo I i nsky The Administrator of Planning and Devolopment presented tho staff report and the action of the Planning Commission of November 15, 1965, conditionally approving Main Street Parking and Plan Adjustment. Mr. Louis Britt appeared before tho Counci I and spoke on the matter. Motion of Parnol I, seconded by Hoffmire, to approve and confirm the action of the Planning Commission to al low the parking lot for No. I Main Stroot to change from right angles to paral lei to Tiburon Boulevard, carried: AYES: COUNCILMEN: EI I inwood, Hoffmire, Parnel I, StrawbrIdge NOES: COUNCILMEN: Hannahs ABSENT: COUNCILMEN: None Motion of Hoffmire, seconded by Hannahs, to approve and confirm action of the Planning Commission, changing the setback requirements to four feet eight inches on No. I Main Street, carried: AYES: COUNCILMEN: EI linwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nono r,~r i._ICATION FOR USE PERMIT Balvedere Land Co. The Administrator of Planning and Development presented the staff report and tho action of the Planning Commission of December 6, 1965, conditionally approving the use permit. Motion of Hoffmire, seconded by Parnel I, to confirm and approve the action of tho Planning Commission, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None PETITION TO RENAME VISTAZO EAST AND MATSCHEK DRIVE Spanish Trai I Road The Administrator of Planning and Development presented tho staff report and the action of the Planning Commission of December 6, 1965, approving the renaming of a portion of Vistazo East Street and Matschek Drive to Spanish Trai I Road. Motion of Hoffmire, seconded by Hannahs, to confirm and approve the action of the Planning Commission, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmiro, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None TEN<I',\TIVE SUBDIVISION MAP Norwitt, Bounded by the Lands of Burnett, Moore, Allen and Place, Off Round Hil I Road The Administrator of Planning and Development reviewed the staff report and the action of the Planning Commission dated Decomber 20, 1965, conditionally approving the tent~tive subdivision map. Mr. Kenneth Frost appeared before the Counci I and spoke on the problem of putting in underground uti lities. ..3- Counc i J 1168 1-13-66 . Cou nc i I 1168 1-13-66 jvlotion of Hoffmire, seconded by Parnell, to confirm ond approvo the action of tho Planning Commission, carriod: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnol I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None APPLICATION FOR USE PERMIT Harold Youngman, Lot 18, Lyford's Hygcia, 1851 Mar West The Administrator of Planning and Development reviowed tho staff report and the action of the Planning Commission dated December 6, 1965, conditionally approving tho use permit. Motion of Hoffmire, seconded by Pa~nG! I, to confirm and approve the action of the Planning Commission, carried: AYES: COUNCILMEN: EI linwood, Hannahs, HOffmire, Parnol I, Strawbridgo NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ORDER OF BUSINESS Tho Chair docroed a five-minute recess at 10:40 p.m. At the expiration of the appointed time, tho moeting was reconvened. The Chair ordered that the roll bo cal led: PRESENT: COUNCILMEN: EI I inwo0d, Hannahs, Hoffmire, Parnol I, Strawbridgo ABSENT: COUNCILMEN: None ADDENDUM APPLICATION FOR USE PERMIT Shepherd of the Hi I Is Lutheran Chruch The Administrator of Planning and Devolopment reviewed the staff repoit and the action of the Planning Commission dated December 6, 1965, recommending approval of the use permit. /' Motion of Hannahs, seconded by Parnel I, to confirm and approve the action of the Planning Commission, carried: AYES: COUNCILMEN: EI linwood, Hannahs, Hoffmiro, Parnol I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None MINUTE ORDERS RATIFiCATION OF AUTHORIZATION TO EXECUTE LEASE WITH OPTION TO PURCHASE Pick-up Truck. Motion of EI I inwood, seconded by Hoffmire, to adopt the City Manager's recommendation datod Decomber 6, 1965, that the quotation of the DeLong Chrovrolot Co. be accepted and that the City Manager bo outhorized to onter into a lease with option to purchase through the Cank of America in accordance with the facts, curried: AYES: COUNCILMEN: EI linwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Counc i I #68 -4- 1-13-66 Counc i 1 1168 1-13-66 PEi~ : ell I C BUDGET PERFORMANCE REPORT Tne City Monager reviewed his report dated November 30, 1965, on tho performnnce of -i-he 1965-66 Budget. Moi-ion of Hoffmire, seconded by EI linwood, to approve transferring $1,050 from the contingency fund in accordance with recommendations of the City Manager's report, carried: AYES: COUNCILMEN: EI I inwood, Hoffmire, Parnol!, Strawbridge NOES: COUNCILMEN: None ABSTAIN: COUNCILMEN: Hannahs ABSENT: COUNCILMEN: None STUDY AND RECOMMENDATIONS ON PUBLIC LIABILITY INSURANCE Motion of Hoffmire, seconded by EI I inwood, that the City Manager be authorized to proceed in securing bids on 1 iabi I ity insurance in accordance with the recommendations of Charles L. Robinson, Insuranco Consultant, dated December I, 1965, as contained in the City Managerfs report of December 6, 1965, carried: AYES: COUNCILMEN: EI linwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None . ",",:::NT OF REPRESENTAT I VE OF CITY TO URBAN THOROUGHFARE COMM I TTEE ~0tion of Hoffmire, seconded by Parnel I, that the City Manager bo appointed to j-opresent the City on the Urban Thoroughfare Committee, carried: I~ YES: COUNCilMEN: EI I inwood, Hannahs, Hoffmire, Parnei I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None CONSIDERATION OF CONTRIBUTION TO PUBLIC CHRISTMAS DECORATIONS Motion of Parnel I, seconded by Hoffmire, to authorize the City Manager to work with Chamber of Commerce to establ ish a pol icy regarding contributions by the City in support of activities of associations, socities and other simi lar organizations, carried unanimously. ADDENDUM - "? L i C,-\T I ON FOR USE PERM IT 2343 Mar East, Alan Regan The Administrator of Planning and Development reviewed the staff report and the action of the Planning Commission dated December 20, 1965, approving of the use permit. ,"'Jrion of Hoffmire, seconded by Hannahs, to approve and confirm the action of the iJlanning Commission, carried: AYES: COUNCILMEN: EI linwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None TEN1~TIVE SUBDIVISION MAP Silopherd of the Hi II s Lutheran Church Tho Administrator of Planning and Development explained tho tentative subdivision map and the action of the Planning Commission on September 21, 1964, conditionally approving the tonative subdivision map. -5- Counc i 1 1168 1..13-66 Counc i I #68 1-13-66 Motion of Hoffmiro, seconded by EI I inwood, to approve the tentativo map, subject to the conditions of the staff report dated September 21, 1964, and to the additional condition that ul I uti I ities be placed underground, and that the one year I imitation be waived, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnol I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None APPLICATION FOR ADJUSTMENT PERMIT One Berke Court, L. H. Larson The Administrator of Planning and Devolopment reviewod tho staff report and tho action of the Planning Commission dated DecGmber 20, 1965, approving the adjustment permit. Motion of Hannahs, seconded by Hoffmire, to confirm and approvG the nction of the Planning Commission, carried: AYES: COUNCILMEN: E! I inwood, Hannahs, Hoffmiro, Parnel I, Strawbridge NOES: COUNCILMEN: Nono ABSENT: COUNCILMEN: None REPORTS Motion of Hoffmire, seconded by EI I inwood, that the Treasurer, City Manager Financial Reports, months of November and December 1965; Tiburon Pol ice and Sheriff Station report, month of November 1965; Department of Planning and Development report, months of November and December 1965; Department of Construction and Maintenance, report of November 1965; Extended use of premises at 1610 Tiburon Blvd. for City Office report; and Operation of off-street parking faci I ities by City, be accepted and filed, carried: AYES: COUNCILMEN: EI I inwood, Hannahs, Hoffmire, Parnel i, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ADJOURNMENT .~e meeting was thereupon adjourned sine die at 11:40 p.m. /'''. '..-) '. .~ .>~.,,<' . I ) ')~:_~ , ~:\-r~~ --L/ /~ ~. ( . \ CITY CLERK , ....----. Approved by the City Counci Ion: i~Ah' d c/ 19611 )!. 'J- /4" d~ MAYOR -6- Counc i I #68 1-13-66