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HomeMy WebLinkAboutTC Min 1969 (January thru March) A YES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILrJIEN Drohan, None None MOVED by Drohan, seconded and be read by title only by Fanning, that the unanimously passed: Ellinwood, Fanning, Rice, Bremer ordinance By bill fl154 of January 9, 1969 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING TITLE I, CHAPTER I, SECTION 1-9 OF THE TIBURON CITY CODE, BY ADOPTING A CITY SEAL: AMENDING TITLE I, CHAPTER I, SECTIONS 1-10 THROUGH 1-13, BY PROVIDING FOR A CITATION PROCEDURE FOR VIOLATION OF CITY ORDINANCES: AMENDING TITLE II, CHAPTER 7A BY THE IMPOSITION OF A DOCUMENTARY STAMP TAX ON THE SALE OF REAL PROPERTY: AND AMENDING ORDINANCE NO.1 N..S. came on for introduction and first read- ing. The City Attorney recommended adoption in order to include in the Municipal Code three ordinances which were excluded from codification and carried under separately-numbered new series ordinance numbers. The Deputy City Attorney noted correction in the 1st paragraph, page 5, changing the word "renumbered" to "repealed" be introduced SUPPLEMENT, Introduction t CODIFICATION OF' ORDINANCES and First Reading AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN v Drohan, None None ORDINANCES Ellinwood, MOVED by Drohan, seconded by Fanning, that Items on the Consent Calend2r; unanimously passed. Fanning, Ric e, Bremer 9, It was suggested that Items 3 and 5 be removed. from Consent, Items 12 and 13 which ~"ere on said Calendar in error, leaving reports as the only mntters on the COl1sent Calendar. 10 and 11 be accepted as well as the above n=~ Jl~TS: POLICE (NoveLl1bcr and December); DEPARTMENT OF PUBLIC (November and December), DEVELOPMENT ADMINISTRATOR (December) 1^TORKS MOVED by Ellinwood, be approved as sub:n IV seconded by Drohan, that itted; unanimously passed CONSENT CALENDAR Minutes MOVED by Drohan, seconded by Rice, that Minutes )!156 of November 25, 1968 be approved, correctinQ; page 4, 3rd line of last paragraph to delete "same" before the word "figure Ii so as to read: "... the figure given by the insurance adjusters.", as suggested by Ellinwood; unanimously passed. #157 of December 9, 1968 MOVED by Ellinwood, seconded by Rice, that be approved as modified at the December 9, Minutes :P155 1968 meeting . , of November 13, 1968 unanimously passed. III Police Clerk Mrs. Nancy Penick was introduced, wearing the uniform City of Tiburon which she will wear while performing her duties. APPROVAL OF MINUTES PRESENT ABSENT: EX OFFICIO COUNCILMEN COUNCILMEN of the Drohan, Ellinwood, Fanning Rice, Bremer None Lawrence D. Rose, City Manager Richard H. Breiner, Deputy City Attorney Ray "1/. Foreaker, Jr. , City Engineer Louis F. Brunini, Superintendent of Public Works Russell ~Ielquist, Assistant to City Manager Capt. i^Tm. Johansen, Police Services The nia, 13, II regular meeting of the City Council, City of Tiburon, State of Califor- was called to order by Mayor William R. Bremer at 8:06 P.M. on January 1969 in the City Hall Council Chambers. ROLL CALL I CALL TO ORDER Minutes Jl158 CITY OF TIBURON CITY COUNCIL January 13-, 1969 AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None Ellinwood, MOVED by Drohan, seconded by Fanning, that the and be read by title only; unanimo~lSly passed: Fanning, Rice, Bremer ordinance be introduced Drohan suggested that the ordinance be passed, permitting the owner to proceed to the Precise Plan, and that an instrument be created to re- quire off-street parking to be a condition of occupancy. The Planning Consultant stated that if uses were changed, the applicant would have to present a new Master and Precise Plan for adoption. He felt that a mechanism should be provided to receive in-lieu cash payments where parking cannot physically be provided for a parking authority to build and operate multi-purpose parking lots, in accordance with the Downtown Plan. The Chair directed Staff to look into this matter and prepare a proposed ordinance to establish a procedure for such in-lieu payments Fanning urged the Council to act promptly to allow the applicant to proceed with his plan. With reference to the applicant's comment about being treated differently from other Main Street property owners, he noted that no new applications could reach approval stage without pro- visions for private parking and added that the request for an inventory of total downtown parking spaces held by the applicant had been ~ade some time ago and no data had been received. Ellinwood stated she had paced off all the parking area held by the owner in the downtown area, related thi~~~wn parking allocation and arrived at a total of 426 spaces, of wnlcn~J?~ were assigned. She also stated in assigning parking spaces in the past it had been implied that these would be provided without cost. Mr. Allan Thompson, architect and stated that on the basis the first floor plus the He acknowledged that the and should the apartment would be required. representing the owner, was recognized of the proposed use of retail space for rear apartment, 29 spaces would be required. owner planned to build the second story also turn into retail use, total of 51 spaces a Mr. Fred Zelinsky, owner of the property which is subject of the ordi- nance, was recognized and stated he did not feel that parking needs should be the duty of the building owner to supply; that tenants of building should be required to supply private parking; and in no should he be treated differently from other Main Street property the event owners In the ensuing discussion on parking the City Manager again proposed that consideration be given to making provision for off-street parking a condition of the occupancy permit, which would give an opportunity to regulate parking needs as the uses of a building might change. The City Manager stated that on December 9, 1968 the Council acted to require that specific parking spaces for this Plan would be a condition of the building permit but since there is no procedure by which such permits would come before Council, this had not been included in the ordinance. It was confirmed that the matter of amending the Zoning Ordinance to relocate the P-PD zone boundary along Main Street was currently before the Planning Commission BY bill #144 of January 7, 1969 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON APPROVING A PRIVATE MASTER PLAN FOR NOS. 1-11 MAIN STREET AND SETTING FORTH CONDITIONS came on for introduction and first reading. The Deputy City Attorney noted the draft should be corrected to show Nos. 1-11 rather than 9-11 Main Street. MASTER PLAN FOR NOS. 1-11 MAIN STREET Introduction and First Reading AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None MOVED by Fanning, seconded by to have passed first reading; Ellinwood, Drohan, that the ordinance be considered unanimously passed: Fanning, Rice, Bremer Title was so read City Council Minutes 4158 -2- January 13, 1969 BY bill #147 of January 8, 1969 the Chair announced that he would recom- mend appointment to the Economic Opportunity Council of Mr. Richard S. Mermin, Hilarita 59, Tiburon, to act as the City's representative in place of Councilman Fanning. The Chair acknowledged with thanks Mr. Mermin's application of January 8, 1969 and noted that on his own time, Mr. Mermin had attended a weekend training session conducted by EOC. ECONOMIC OPPORTUNITY COUNCIL Appointment VII MINUTE ORDERS A short recess A YES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN was taken The meeting reconvened at 9:33 P Drohan, None None .M Ellinwood, MOVED by Fanning, seconded by Rice, that Resolution No. 229 be adopted, A RESOLUTION OF THE TIBURON CITY COUNCIL ESTABLISHING A TRUSTEE ACCOUNT FOR THE PURPOSE OF ACCEPTING PRIVATE DONATIONS FOR OPEN SPACE, TRAILS AND PARK PURPOSES; unanimously passed: Fann ing , Rice, Bremer Fanning stated for the record that this citizens' group, which included Samuel Shapero, had been called together at his invitation; that the two funds were not related and people could donate to the City directly or to the private foundation. Rice indicated he did not like to see the City's resolution depart from the idea proposed by the Parks and Recreation Commission to create a fund for primarily open space-park purposes. Ellinwood stated that five Tiburon citizens, being Messrs. Gordon Straw- bridge, John Hoffmire, Rampton Harvey and Gordon Russell, were now in the process of incorporating a Tiburon community foundation, similar to The San Francisco Foundation, and she wondered whether the City should be duplicating the effort of these private citizens. She also noted that people might want to make donations to the City for purposes other than open space and parks Fanning noted the City now has a Land Acquisition Fund; that donations to a new account would be limited to parks and open space use, but he suggested that the name of the fund not be limited and be simply "Tiburon Trustee Fund", with the City named as Trustor. By bill ~~149 of January 8, 1969 the Assistant to the City Manager con- veyed the Parks and Recreation Commission's request that a resolution be adopted permitting placing of gifts and bequests in a trustee account for open space, trails and parks purposes. CREATION OF SPECIAL FUND TO RECEIVE GIFTS AND Resolution No. 229 BEQUESTS VI Mr. Allan Thompson was again recognized and stated, as a private citizen, that he felt the Planning Commission might well review the requirements of the PD ordinance to see what could be done to expedite processing of plans and informing applicants of what was expected of them, noting action on this matter had commenced in October and at best a building permit could not issue until March. The Chair directed the Planning Consultant to review this phase of the ordinance and make re- commendations as to how this might be improved. RESOLUTIONS Rice stated he interpreted the discussion and motion to indicate that the owner and his architect were advised to "go back to the drawing board to come up with a Precise Plan which includes the admonition that something be done to resolve the parking requirements." The Chair stated passage would require that the owner then submit a Precise Plan. AYES NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None MOVED by Fanning, have passed first seconded reading; Ellinwood, by Rice, that the ordinance be considered to unanimously passed: Fanning, Ric e, Bremer City Title was so read Council Minutes #158 -3- January 13, 1969 Drohan expressed his basic objection to creating more committees or official bodies than might be needed, and indicated he was not sure what kinds of problems such a board would have to handle that were not already coming directly before the City Council. He was also concerned about the possible need to vote taxes to support it. Ellinwood replied as to the latter that there would be no cost involved, as she understood it, and the boards would receive help from County staff. Rice indicated he would first want to be assured there were enough citizens willing to serve on such a board. Fanning felt the board would not have enough of a "caseload" and that such problems could better be aired at Council level where immediate action could be taken. If a board were created, he felt it should be composed of council members, who were subject to the elective process. Until the functions of such a board were clearly understood, the Chair felt it would not be appropriate to pass an ordi- nance. EY bill H151 of January 7, 1969 Ellinwood put before the Council an extensive report concerning establishment of "mini-boards" to act as an extension of the County Human Rights Commission at the city level She recommeng~~h~pa .~.a simple ordinance, Tiburon establish such a mini-board,7~ ray persons and 1 councilman. ~ HUMAN RIGHTS COMMISSION AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Establishment of Mini-Boards Drohan, None None Fanning, Rice, Ellinwood, MOVED by Fanning, seconded by Drohan, that the City Council does hereby ratify the action taken by Mayor Bremer in signing the agreement to contribute $4,500 to the Belvedere-Tiburon Landmarks Society Acquisition Fund; unanimously passed Bremer ay bill P152 of October 19, 1968 the City Manager reported that con- sistent with the terms agreed upon by Council on October 17, 1968, a joint powers agreement had been signed on the City's behalf by the Mayor reflecting the City's participation to the extent of $4,500 in the acquisition of land adjacent to old st, Hilary's Church. Other participants in the $72,500 total acquisition are: Landmarks Society, County of Marin, City of Belvedere and a Federal open space grant. JOINT PO'VTERS AGREEMENT AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Land Acquisition Behind Old st Drohan, None None Hilary's Church Ellinwood, MOVED by Ric~, seconded by Fanning, that the City Council authorizes Project M-69-18 and instructs the City Engineer to proceed immediately to cause the construction of the subject manhole, taking the estimated cost of $950 from Function P, Account 504 unanimously passed: Fanning, Rice, Bremer By bill P153 of January 8, 1969 the City Engineer and Superintendent of Public 1~jorks recommended approval of Project M-69-18 to permit immediate construction of a manhole on Main street for maintenance of the s~orm drain which goes under Main street and discharges at the Bay at 7-11 Main. The City Engineer's cost estimate was $950. The City Manager noted that by authorizing the project the money would be available through allocating it in Function P, Alc 504, reducing the unappropriatoo amount in this account from $9,212.85 to $8,262.85. CONSTRUCTION OF MANHOLE ON MAIN STREET AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None Ellinwood, MOVED by Bremer, seconded by Ellinwood, that the appointment of Mr. Richard S. Mermin as the City's representative on the Economic Opportun- ity Council be ratified unanimously passed: Fanning, Rice, Bremer In response to Fanning's inquiry, Ellinwood reported she had been im- pressed with Mr. Mermin's monograph on Tiburon and his attitude during the Hilarita hearings. She noted he had voluntarily attended the EOC meeting of December 11th. Fanning emphasized that this position is tha~ of the City's representative, there already being a Hilarita representa- tive on the Council. City Council Minutes -4158 -4- January 13, 1969 Citizen's Complaint on View Obstruction: Rice brought to Council's atten- tion letter of January 13, 1969 by Mr. Peter S. Wilke, 145 Porto Marino DI>ive, and asked that Staff be instructed to investigate the complaint voiced by Mr. Wilke. The Chair directed the City Manager to look into the Joint Meeting with Parks and Recreation Commission - It was the sense of the Council that either February 5 or 6 be set as the date for a joint meeting with the Parks and Recreation Commission, since that Commission has now prepared a list of the items they want to discuss with Council; and that a joint meeting with the Planning Commission would be separately scheduled. Railroad Right-of-VTay Drohan reported that on December 26th TPAC had written regarding the railroad right-of-way. The Chair reported that he and Fanning were meeting with the Railroad on January 16, 1969 and would discuss this subject. VIII It was the sense of the Council that this would accept the basic concept of streamlining but retain the power with the full body. was suggested that this might be in resolution form, circulated all cities and staff. QUESTIONS to It A YES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None Ellinwood, Fanning, Rice, Bremer MOVED by Ellinwood, seconded by Rice, that the City Council proposes that an Executive Committee of the Marin County Council of Mayors and Councilman be formed, composed of a chairman and four directors, no two of whom would represent the same city, and being rotated from year to year; that this Executive Committee would do the simple but essential services set out by Councilman Andresen's memorandum: (1) to determine and formulate an agenda for each meeting of the Council and to cause such agenda to be mailed to each member not less than days prior to each meeting of the Council; (2) to investigate and diSCUSs matters within the purview of Article II and to prepare and cause to be deliveroo to members of the Council, with the agenda of each succeeding meeting, - a summary of any such investigation and discussion, including any recom- mendations the Executive Committee might have with respect to any pro- posed action to be undertaken; (3) to call any special meeting of the Councilj adding a fourth (4) to function for the Council during the periods when the Council does not regularly meet; unanimously passed By bill #148 of December 2, 1968 the City Manager put before the Council revisions of the Marin County Council of Mayors and Councilmen's bylaws which would create an executive committee. Ellinwood noted action on the matter is expected at the group's January 29th meeting, and said she agreed with Mill Valley Councilman Andresen's memorandum itemizing fue kinds of duties he felt such a committee could perform to increase the effectiveness of the Council without relinquishing power to that committee alone. The Chair indicated he did not feel it was yet time to create such a committee; Fanning agreed on the need to streamline procedures and felt a committee of 5-a chairman and four directors, no two of whom would be from the same city, offices to be filled by rotation, alpha- betically--would be suitable. Rice agreed on the need to improve pro- cedures but hesitated to place power in the hands of a limited committee, to which Drohan agreed. Bylaws Changes MARIN COUNTY COUNCIL OF MAYORS AND COUNCILMEN It was the sense of the Council, and direction of the Chair, that the above procedure suggested by Ellinwood be followed, and that Ellinwood should contact the seven cities who have adopted the mini-board procedure to obtain their comments Ellinwood responded that at this time she knew of at least 3 persons would serve on a mini-board; she recommended that the Council not be named to the board and noted that as matters were not always governmen- tal in nature, they would not normally appear on agendas. She suggested that her report and the Council's comments be forwarded to TPAC for their additional suggestions and that by the secon~ February meeting a report be given on what the other cities with mini-boards report as ' their experience with them, after which a representative of the Human Rights Commission might be asked to address the Council on the subject City Council Minutes ~158 -5- January 13, 1969 who , 1969 Approved by the City Council on There being no further business, meeting adjourned. at 11 :00 P .M the Chair declared the IX Public Services Clerk: Ellinwood noted the City Manager's memo of January 10, 1909 stated that Public Services Clerk Lynne Hilton was resigning as of January 31st and would be replaced by Mrs. Jean Roberts, who would commence work one week before Miss Hilton's termination. As only one position was budgeted, she asked how payment for this overlapping service would be made and thought it might be necessary to pay the new employee on a casual-time basis until her formal employment could commence on February 1st. The City Manager agreed this comment was technically correct, and the Chair asked the City Manager to resolve the situation at his discre- tion. ADJOURNMENT Appreciation to Belvedere: In response to Ellinwood's inquiry whether the City of Belvedere had ever been thanked for the use of their corporation yard, the City Manager replied a letter under the Mayor's signature had been addressed to them. The Chair asked that Ellinwood be supplied with copy a Resolution of Appreciation suggested that the Council Supervisor Peter Behr. The pared. Peter Behr Ellinwood its apprec1ation to reti~ed such a resolution be pre- City Council Minutes Y158 -6- January 13, 1969 matter. Ellinwood commented this had been brought to her attention in October and by memo to Rice she had suggested that their complaint be investigated. Mrs. Peter S. Wilke was recognized and stated that at that time builder Arthur Nicholaisen was beginning construction of a house that was obstructing part of their view, contrary to verbal understandings with him that this would not be done, and he was now building a second house that would eliminate their view entirely. The City Manager stated he would contact the Wilkes immediately after the investigation. (~. j \.__J! ,(-)'.t . "i~-j~ ;~,,- 1 (-.-. . ) , /r \ ~ -> ~~'I 'r,~l~; " r'.-,)' t_ Ji~'; r. \. Hl1arita Tiburon January 8 1969 (; <) ~~t? 59 " l.;lel ~/to q // I .lV {rr'" J t 1/1:; 1jetrf .I Minutes 1'159 CITY OF TIBURON January 27, 1969 CITY COUNCIL I CALL TO ORDER The regular meeting of the Tiburon City Council, City of Tlburon, state of California, was called to order by Mayor William R. Bremer at 8:10 P.M. on January 27, 1969 in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Drohan (8:13 P.M.), Ellinwood, Fanning, Rice, Bremer ABSENT: COUNCILMEN: None EX OFFICIO: Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Ray W. Foreaker, Jr., City Engineer Louis F. Brunini, Superintendent of Public Works Phil V. Scott, Development Administrator Russell Melquist, Assistant to City Manager George S. Gatter, Planning Consultant Gary ~anders, Assistant, Planning Consultant Samuel Shapero, City Treasurer III. APPROVAL OF MINUTES MOVED by Fanning, seconded by Ellinwood, that Minutes fl158 for January 13, 1969 be approved as submitted. The following changes were made at Ellin- wood's request: page 2, 6th paragraph under Master Plan, #1-11 Main street, insert "minimum of" ahead of "352 'I referring to parking spaces; page 4, paragraph under lIHuman Rights Commission", 5th line, insert "7 councilmen or" before words "6 lay persons and 1. counc ilman "; page 5, 3rd line, eTimina te word "to tI . Question was called for and motion was unanimously passed. IV. CONSENT CALENDAR SALE OF OFFICE COPYING MACHINE Ellinwood requested that the Mid-Year Financial Analysis be removed from the Consent Calendar, and the Chair agreed, noting it would be placed on a later agenda if no time remained for discussion at this time '. The generosity of former Mayor Gordon Strawbridge in offering to buy the City's 4-year old copying machine for $150 was acknowledged. MOVED by Fanning, seconded by Rice, that Item 8, Sale of Office Copying Machine, be approved on the Consent Calendarj unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None V. ORDINANCES CODIFICATION OF ORDINANCES Second Reading and Adoption of Ordinance No. 23 N.S. By bill #154 of January 21, 1969 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING TITLE I, CHAPTER I, SECTION 1-9 OF THE TIBURON CITY CODE BY ADOPTING A CITY SEAL; AMENDING TITLE I, CHAPTER I, SECTIONS 1-10 THROUGH 1-13 BY PROVIDING FOR A CITATION PROCEDURE FOR VIOLATION OF CITY ORDINANCES; AMENDING TITLE II, CHAPTER 7A BY THE IMPOSITION OF A DOCUMENTARY STAMP TAX ON THE SALE OF REAL PROPERTY; AND AMENDING ORDINANCE NO.1 N.S. came on for second reading and adoption, having passed first reading on January 13, 1969. MOVED by Fanning, seconded by Drohan, that the ordinance be read by title only; unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Title was so read by the Chair. Question on the motion was called for and unanimously passed Ellinwood asked if perhaps the properties shouldn't be zoned back to their original R-2 zone and that simultaneously, an ordinance be estab- lished setting out the "construction line tt these property owners proposed Fanning noted the Planning Commission had gone into this concept and he saw no reason to overrule their decision. MOVED by Fanning, seconded by Drohan, that the Council is in agreement in principle with the line established on the map marked "Mar East Water- front Zoning'JR~J~{OPOSed by the Tiburon Planning Commission", initialed by Phil Scot~~arrd that Staff be directed to work out the mechanism and draft amendments to the Zoning Ordinance necessary to accomplish this and bring them back to the Council in due course. Rice expressed dissatisfaction with acting on rezoning without having proposed text changes before the Council, an opinion with which Ellin- wood agreed. The Chair suggested the hearing might be continued to allow Staff an opportunity to resolve the issues and submit text changes Rice questioned whether the matter was properly before the Council, and the City Attorney responded he believed it was, although commenting he would prefer to see the agenda bill more clearly stated and include the text of an ordinance including legal description of the property sought to be rezoned. Mr. Bianchi displayed copy of the original petition con- taining names and addresses of the petitioners as well as Assessor's Parcel numbers for their lots. The Planning Consultant stated the matter was duly noticed and properly before the Council. He continued stating the "construction line", based on the projection of existing structures into Raccoon Straits, was definable and could be established as a legal and administrative boundary. He suggested Council might take affirma- tive action on this and then address themselves to the question of language giving full density credit to an owner of a parcel divided by the R-2 and P zones as well as deciding whether it would be necessary to set back from the zone boundary line or use this "construction line" as a building line. The City Attorney stated he would agree with the Con- sultant's statement that where a property is divided, the rear line of the property is that from which the 25' setback is required and not from the zoning line Mr. Albert Bianchi, attorney, was recognized and stated that as a result of a meeting held by the petitioners he represented as well as other interested property owners of the area, a committee they selected had met and formulated a "cons truction line'f which was accepted by the Planning Commission and was felt to be the most acceptable to all affected resi- dents as a regulatory line to preserve views. Drohan stated that as the material had only recently been received, he would recommend that the hearing be opened but that the matter be referred to the Lands and Development Committee for report at the first regular meeting in February. Staff confirmed the hearing had been duly noticed, and the Chair declared the public hearing open. By bill f~162 of January 22, 1969 the Planning Consultant put before the Council Planning Commission Resolution No. 41, adopted on January 6, 1969 as a result of public hearing before the Commission on a petition to re- zone tidelot properties along Mar East Street. The Commission recommended extension of the R-2 zone to a line marked in red on an accompanying map, indicated as Exhibit A, it being the intent to permit construction to said linej and, further, instructed the Staff to draft language to amend the Zoning Ordinance to give density credit to that portion of a parcel extending beyond the R-2 and into the P zone. It was noted that an application for rezoning to R-2 had been brought before the Commission originally by petition of Mr. Albert Bianchi, attorney representing 24 of the affected property owners. ADJUSTMENT OF ZONING BOUNDARY BET1rTEEN R-2 AND P ZONES ALONG Public Hearing MAR EAST STREET A YES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None MOVED by adopted; Fanning, seconded by unanimously passed: Ellinwood, Fanning, Rice, Bremer City Council Minutes -+f159 Drohan, -2- that Ordinance No January 27, 23 N .S be 1969 MOTION AMENDED by Fanning, seconded by Rice, that the implementation study will specifically eliminate the Corinthian Island trail, and include study of such matters as policing, fire protection and mainten- ance, so that these can be publicly brought before the Council; motion passed as to amendment: Ellinwood urged adoption of the Plan in order that more time not be lost during which lands which might be required for trails would be absorbed by housing development. She favored eliminating the Corinthian Island segment of trails but did not believe at this time that deletion proposed by Mr. Dawson should be made. Rice stated he felt adoption should be accomplished without detailing the reservations expressed by Drohan, but would be willing to withdraw his motion with the understanding the matter would be referred to the Lands and Development Committee for report by the second meeting in February. Ellinwood stated that in order to bring the matter to a vote, she would not withdraw her second Mr. John Dawson was recognized and objected to inclusion in the Plan of a path which traverses his waterfront property and asked that this hazardous walkway be removed from the Plan. The Chair acknowledged receipt of letter from Mr. Don Davis, written on behalf of the Corinthian Island Association, objecting to extension of the trail onto Corinthian Island. Mrs. Smith was again recognized and stated it appeared to be the general opinion of these citizens that they did not want this lane to be placed on the Trails Plan map. Drohan stated that as the plan had been received only a few days ago, he could not act on approval now without receiving answers to questions con- cerning fire hazard, equestrian trails' objectives, police supervision, maintenance costs, and the impact of potential tourist attraction. Mr. Zucker acknowledged that in adopting the Plan it would set the tone for future development of this aspect of the City's planning. Mr. Zucker was recognized and stated implementation would be for the ridge trail only.--not because it was felt this was of higher priority than the railroad right-of-way as an example, but because the contract was negotiated to accomplish only implementation of the ridge.~trail. Mr. Horchler was recognized and noted two changes had occurred in the Plan, being request for alternates for equestrian crossing over Highway 101 and relocation of stabling facilities from Keil Cove to the Net Depot Mrs. Polly Smith, Parks and Recreation Commissioner, was recognized and introduced Mr. Paul Zucker and Mr. Walter Horchler of the Marin County Planning Department who were present to respond to questions raised on the study which had been conducted under a City-County contract. She stated that adoption of this phase would allow the study to progress to a study of detailed cost estimates MOVED by Rice, seconded by Ellinwood, Plan as presented By bill -U-163 of January 22, 1969 the Planning Commission recommended adoption of the Tiburon Peninsula Trails Plan, but added that prior to implementation, they felt consideration should be given to each of the items raised at their January 6, 1969 hearing as to exclusion of certain property, priorities of trail systems and extensiveness of "green areaslt The Planning Consultant noted it would be preferable to formulate plete recreational plan element but in the interim Council could the Trails Plan as presented as Phase I, pending completion of a recreational element based upon a capital improvement program. that the Council adopt the Trails The Chair declared the public hearing open. He objected to the logy "interim" used in designating the Plan and upon discussion, that the word be struck and "Phase I" substituted therefor. termino- directed a com- adopt whole AMENDMENT OF GENERAL PLAN TO INCLUDE TRAILS ELEMENT Public Hearing The Chair directed that the publiC 1969. AYES NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None hearing be continued to February 10, City Council Minutes -ft159 Ellinwood, -3- Fanning, Rice, January 27, Bremer 1969 City Council Minutes #159 -4- January 27, 1969 AYES: COUNCILMEN: Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: Drohan ABSENT: COUNCILMEN: None Dr. George Sugarman was recognized and stated he felt now was the appr07 priate time for confidence and commendation for the work accomplished. Fanning indicated he agreed with Drohan's reservations, but felt the matters could be resolved in the implementation stage rather than coming through committee study. Mr. Allan Thompson, Planning Commissioner, was recognized and stated it should be clear that in adopting the Plan, Council was approving the ridge trail and its implementation. Question on the amended motion was called for and passed: A YES: COUNCILMEN: Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: Drohan ABSENT: COUNCILMEN: None The Chair directed Staff to prepare the necessary resolution and asked that a legend be put on the map for identification purposes. VI. EXECUTIVE SESSION At 9:47 P.M. the Chaif~red the Council adjourned to Executive Session to discuss matters O~lit g tion. At 10:06 P.M. the meeting resumed. MASTER PLAN DEVELOPMENT, NOS. 1-11 MAIN STREET Second Reading - Tabling of Ordinance By bill #144 of January 21, 1969 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON APPROVING A PRIVATE MASTER PLAN FOR NOS .1-11 MAIN STREET AND SETTING FORTH CONDITIONS came on for second reading and adoption, having passed first reading on January 13, 1969. MOVED by Drohan, seconded by Fanning, that the ordinance be read by title only; unanimously passed: AYES: COUNCILMEN: DrohanJ Ellinwood, Fanning; Rice, Breme r NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Moved by Drohan, seconded by Fanning, that the ordinance be adopted. The Consultant noted a Precise Plan had been approved by the Planning Commission, subject to clarification of the parking question, but on January 27, 1969 a new plan had been presented and it would be necessary for Council to determine whether the changes proposed were substantial enough to return the plan to the Planning Commission as a new application He noted that in anticipation of a proposed Zoning Ordinance amendment moving the PD zone boundary back further into the water, the applicant - had placed a second deck and second floor on the subject building, ind 1... cating it for restaurant and shop use which would increase the parking requirement. Fanning stated he felt the changes were major modifications and the Plan should be returned to the Planning Commission. Mr. Allan Thompson, architect representing the applicant, was recognized and spoke in behalf of the revised plan. Fanning stated the Council had earlier been as helpful as it could in considering rezoning from P to PD to allow the rebuilding of the apartment which had been burned out at 7-11 Main Street, but he did not feel it was Council's intent that this should permit extension of the second floor. Drohan withdrew his motion; Fanning withdrew his second. The City Manager indicated Council might want to give the Planning Com- mission some direction as to considering whether a balcony should extend over the setback area. Mr. Fred Zelinsky, applicant, was recognized and objected to the reference to a 13' canopy as part of a building. He objected to the delay in processing the Plan, but concluded by agreeing the Plan should go back to the Planning Commission if the Council deemed it must City Council Minutes ft159 -5- January 27, 1969 MOVED by Drohan, seconded by Fanning, that the ordinance which was now on second reading be tabled; unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Chair then informed the applicant that the Plan would be returned without prejudice to the Planning Commission on February 3, 1969 . AMENDMENTS TO THE ZONING ORDINANCE By bill Jt90 of January 23> 1969 the Development Administrator put before the Council an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S. by AMENDING SECTIONS 6, 10-E-B, 18 ( c ) , 19, 20, 23 and 27(F)(2), noting these Zoning Ordinance amendments had been recommended for adoption by Planning Commission Resolutions 28 and 33. In response to Ellinwood's question, Drohan stated one matter of particular concern to homeowners associations might be the reduction of front setback in the RO-2 zone. He suggested that the City Manager be instructed to i~form the property owners associations of the pending public hearing. The Chair directed that this be done and ordered that publiC hearing be noticed for February 24, 1969 . VII. RESOLUTIONS COl'IlMENDING PETER H. 3EHR Resolution No. 230 BY bill #158 of January 22, 1969, Ellinwood put before the Council resolution commending former County Supervisor Peter H. Behr upon the occasion of a dinner in his honor. She noted several fP~ correc- tions: Item 3, last line, change last phrase to "Natiena reserve ups lope of the L9:r..dmark,"; Item 7, place comma after "Supervisors" in 3rd line; in82rt "his" before "private endeavors" in 4~h line; substitute for present Item 9 a p9ragraph reflecting his parliamentary ability and debating skill; p12ce quotes around "The Honorable" in last paragraph; and change lith~3" to "~lS~ fund of knowledge in last paragraph, 2nd sentence. MOVED by Ellinwood) aeconded by Drohan, th~t Resolution No. 230, as modified, be adopt~2d J A EESOLUTION OF THE CITY OF TIBURON OF APPRECIATION PETER H. BEHR; unanimously passed: A YES: COUl',JC ILMEN ~ Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNC IL='iEN: None ABSENT: COUNCILMEN: None BAY CONSERVATION AND DEVELOPMENT COMMISSION Resolution No. 231 BY bill ~160 of J3nuary 22, 1969 Rice presented draft of a resolution urging the State Legislature to make permanent the San Francisco Bay Conservation and Development Commission. MOVED by Ellinwood, seconded by Rice, that Resolution No. 231 be adopted, A RESOLUTION TO THE LEGISLATURE OF THE STATE OF CALIFORNIA PETITIONING FOR THE ESTABLISHMENT OF PERMANENT CONTROLS OVER DEVELOPMENT IN AND ON THE SHORES OF SAN FRANCISCO BAY. Ellinwood noted the word "adjustment" should be changed to "adjournment" in the second sentence. Fanning suggested amending the 5th paragraph by placing a comma after "San Francisco Bay" and continuing with "consistent with the purposes of said Commission. " This suggestion was accepted by Ellinwood and Rice. Question on the motion was called for and motion unanimously passed AYES: COUNCILMEN Drohan Ellinwood." Fanning, Rice, Bremer NOES: COUNCILMEN None ABSENT COUNCILMEN None City Council Minutes 4159 -6- January 27 ~ 1969 VIII MINUTE ORDERS - AIRPORT LIMOUSINE SERVICE Application of W. G. Melbern dba Airport Limousine Service By bill #155 of January 21, 1969 application of Mr. William G. Melbern to extend his "Airport Limousine Service" into Tiburon was brought before the Council with comment from the Assistant to the City Manag~r that the application was now pending before the Public Utilities Com- mission but opinion of the City could be registered to that commission by filing prior to January 31, 1969. Letter of Mr. Ted Cohen, dba Ted's Taxi, was acknowledged in which he protested approval of such an application stating there was insufficient business to support two taxi services within Tiburon. Mr. Ted Cohen was recognized and noted that when a previous application by another party had been before the City, he had supplied records of his operations which indicated there was not sufficient business to permit two taxi operations in Tiburon. He asked that Council look into the present application further. Mr. Bud Hinkle, Mill Valley, was recognized and stated he had operated taxi service out of Mill Valley for 23 years; that he and Mr. Cohen he felt were effectively serving the area at a rate lower than that pro- posed by the applicant. The applicant was not present nor was there any representative present speaking on his behalf. MOVED by Fanning~ seconded by Drohan, that the City Council send a letter to the hearing officer of the Public Utilities Commission stating it is believed by the City of Tiburon that we are adequately served by the present taxi cab company and that there is no need for increasing service at the present time, there being a lack of sufficient data to justify any other conclusion. Question on the motion was called for and passed: AYES: COUNC ILIVIEN: Drohan~ Ellinwood, Fanning, Rice NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ABSTAINING: COUNCILMEN: Bremer The Chair noted he had abstained since, as a lawyer, he has represented Mr. Cohen. BAN ON BACKYARD BURNING EY bill #159 of January 22, 1969 the City Manager informed Council of the intent of the Bay Area Air Pollution Control District to hold public hearing on banning of backyard burning. He stated it would not appear that Council would wish to support such burning but lacking alternative suggestions, he could make no recommendation. The Chair directed that Staff keep informed of the District's actions and notify Council if any action should be required. SURVEY OF PARKING PROVISIONS By bill #161 of January 22, 19~ the Assistant to the City Manager presented a report showing off-street parking requirements for properties owned by Mr. Fred Zelinsky, suggesting that this summary be used as a guideline in establishing future parking requirements as improvements and additions are made to properties of this owner. Drohan acknowledged receipt of letter from Mr. Fred Zelinsky, as well as memorandum of Ellinwood adjusting and confirming figures given by her at the last Council meeting as a result of her personal survey of the spaces The Chair directed that the matter be assigned to Public Services Com- - mittee who, with Staff, should resolve the differences in the three sub- mitted reports and bring it before Council by agenda bill. IX. REPORTS - ~ID-YEAR ANALYSIS OF FINANCIAL CONDITION OF THE CITY The Chair directed that the subject report be placed on the agenda for Angel Island: The Chair reported that Parks and Recreation Commission Chairman George Ellman had attended several state hearings on use of Angel Island and he felt it was appropriate to direct the Assistant to the City Manager to request the Commission to make written recommendations as to their thinking for commercial use of Angel Island, which expressions might be adopted as City policy. The Assistant to the City Manager noted that state Department of Parks and Recreation Director William Penn Mott, Jr. has expressed his willingness to make a presentation of the complete - utilization plan to the City, which offer he would make known to the Com- mission at their next meeting Problem of Drug Use by Tiburon Juveniles The Chair stated that in response to the concern expressed by Mr. Leo Souza, and his suggestion, that he - would recommend formation of a citizens' committee, to include representa- tives of the Reed School District who could come up with recommendations for educational processes in school, as well as suggestions to parents, to help curb the incidents of drug use by juveniles on the Tiburon Peninsula. The Chair recommended that Mr. Rampton Harvey and Mr. Gordon Wright be named to such committee, and there being no objection, directed Staff to inform these men of their appointment, sending copy of such correspondence to Mr. Souza The Chair filed for the record Tiburon Police Department chart indicating a 100% increase in juvenile drug arrests in Tiburon during 1968. Belveron Drainage Problem Rice stated at his request Mr. Brian Morais had expressed by letter his concern about a drainage problem in the Hillcrest subdivision above Belveron. He asked that the City Manager provide data from which a determination could be made as to whether the City can be of assistance in this matter. The City Manager replied he believed this had already been answered to Mr. Morais' satisfaction. Rice asked that he be provided with copy of said correspondence. Communications Ellinwood related several instances where information of concern to her as a councilman had not been conveyed. She questioned whether a memorandum from Administration to all Councilmen might not be appropriate to keep all councilmen informed of matters of basic City policy Transfer of Funds for Planning Consultant Fees: Ellinwood asked why trans- fer of funds needed to pay for planning consultant fees had been made ad- ministratively rather than coming to Council; the City Manager replied that a blanket authorization is given him by resolution which allows adjustments ~etween department funding but does not permit moving monies from fund to fund. The Chair requeste~ th~~ ~igA? MQD9g~T_.. ~~~~..~g~~plaint expressed by Mr. Jerry Coles r6i~'ing 'h'~aran~at a Board of ;Design Review meeting. ,~ Citizens Complaints: Drohan commended the City Manager and Development Ad- ministrator on their satisfactory solution to the complaint voiced by Mr Peter Wilke's communication to the City. Annexation: Fanning reported that in line with the City's policy to expand the City's limits to its natural boundary of Highway 101, the Reedland Woods Unit J?2 subdivision was in the process of annexation. Ellinwood raised-some questions as to maintenance of roads and dedication of parks and was in- formed the Reedland Woods School, when constructed, would provide a park area AYES: NOES: A BS ENT COUNCILMEN COUNCILMEN COUNCILMEN x Drohan, None None QUESTIONS MOVED by Fanning, seconded by Rice accepted unanimously passed: Ellinwood, Fanning, Rice, Brem~r that Register of Claims No 54 be REGISTER OF CLAIMS NO By motion of Drohan, seconded by Rice, and unanimously passed, Flow Statement for December was accepted. 54 December Monthly Cash TREASURER, CITY MANAGER Monthly Cash Flow statement for December the next regular meeting City Council Minutes 4159 -7- January 27 1969 City Council Minutes #159 -8- January 27, 1969 Nomination to Golden Gate Bridge & Highway District Board: In response to question of the press as to whether the City intended to make a nomination to the subject Board, the Chair replied the City had taken no position on anyone candidate. Joint Meeting with Parks and Recreation Commission: Rice noted the Council will meet jointly with the Parks and Recreation Commission on ~!~dnesday, February 5, 1969, in the City Hall Council Chambers. XI. ADJOURNMENT At 11:57 P.M. the Chair declared the meeting adjourned ~ Approved by the City Council on: h.t , 1969 ~~,( --. (d!h!J~ 'a~' JUVENILES ARRESTED-ENCiffiCERATED AT JUVENILE AAU, FCR POSSESSJ1CI\T -tSAGE (F MARIJtIIWA AM) 1m. "''''NGERotE DRt.nS" , ~ 1 -- CALENDAR YEAR CF 1967-----2t ehild.ren /.?7c'J * ./~"e~E \ ) CALENDAR YEAR CF 1968---45 ohilmren Capt. Jehamsen \ )....'r.~. . . "I '\; )' ~r;'{~"'--.............:r'tt"~ Railroad Right-of-,...Tay: To Ellman's request for a 'status report" on the possiole acquisition of the railroad right-of-way, Bremer stated he was in communication with Railroad representatives to explore the means by which the City could obtain this path. Ellinwood observed that the City should not participate in zoning behind closed doors. _ ~ U~~ e~dtL par~~ Drive Promenade: Rice stated he Q00ufficd gas tax monies uoulg. be~t , ~for this project, and noted the matter was now with the Council's Public Services Committee. Loomis commented on the City Engineer's report as to the proposed alignment for the promenade, and Ellinwood asked that she be supplied with copy of this report. Teather urged that the walkway be considered to run from Elephant Rock to the Solano street intersection and felt it was vital to eliminate the safety hazard now existing for pedestrians along this portion of Paradise Drive. He felt this should take higher priority than the railroad right-of-way acquisition. Rice noted it Bremer indicated he felt that with Staff help, the Commission should under- take studies of methods of acquiring those projects they proposed be under- taken by the City, i.e. funding sources at federal, state, county levels. Rice suggested that by ordinance some means might be taken to create the desired greenbelts. Ellinwood indicated she favored site planning that would indicate to developers and buyers where greenbelt lands would be desirable. She did not, however, feel it was the Commission's responsibility to determine methods of acquisition. Rice stated he did not believe Bremer's suggestion was that the Parks and Recreation Commission should be drafting ordinances but with the knowledge of what means of financing were available, should be in a position of making recommendations to Council. Knight stated the tools required for making such recommendations should be supplied to the Commission. Priorities trails and recreational programs: Ellman stated the Commission ection from the Council as to the adoption of a Parks Plan, noting a proposed plan had been submitted to Council some time ago. The Assistant to the City Manager confirmed this Plan rests with the Planning Commission, who up to this date had not been able to agendize the item for consideration. Ellman pointed out that incorporating an adopted Plan as part of the General Plan will make it easier to apply for and receive federal monies. As for the list of 5 programs listed on the agenda, Rice stated it appeared total acquisition costs could run $300,000-500,000. Smith stated it was not anticipated that thes~ programs would call for outright acquisi- tionj that the railroad right-of-way might be handled by a bond issue; the Paradise Drive promenade could be financed through gas tax monies; imple- mentation of the Trails Plan did not envision outright acquisition for a total of $900,000--as had been suggested on other occasions; and the School District anticipated being able to pay for summer recreation programs from their 5~ tax override in future years. Prior to beginning discussion on the published agenda items, Ellinwood introduced Mr. W. M. Wilkes, senior planner on the County Plannin~ Staff and Tiburon resident of some 17 years, who presented a map which with humorous symbols chronicled the City's planning problems since incorporation. III Lawrence D. Rose, City Manager Russell Melquist, Assistant to Gary Sanders, Associate, George BUSINESS OF THE MEETING City Manager S. Gatter EX OFFICIO COUNCILMEN: Fanning COMMISSIONERS: McKegney, Talbot ABSENT COUNCILMEN: Bremer, Drohan (8 COMMISSIONERS: Ellman, Knight , 33 PM), Loomis, Ellinwood, Rice Smith, Teather PRESENT II Pursuant to notice of January 29, 1969, signed by Mayor '~illiam R. Bremer and Parks and Recreation Commission Chairman George Ellman, a special joint meet- ing of the City Council and Parks and Recreation Commission was called to order by Councilman Denis T Rice at 8:16 P.M on Februa~y 5, 1969 in the City Hall Council ROLL CALL I CITY COUNCIL MINUTES ~160 CALL TO ORDER City of Tiburon and PARKS & RECREATION COMMISSION MINUTES #55 Joint Meeting - February 5, 1969 Land Acquisition Behind Reed School: Ellman asked what had occurred to the request for purchase of some land behind Reed School for the nature park, and was informed this was deleted from the budget. Drohan suggested the Public Services Committee should determine whether the expenditure could be recommended to be m2de from the Land Acquisition Fund. Rice stated he did not see how anything could be appropriated if it were hoped to acquire the railroad right-of-way--a matter of top priority. Smith stated a first payment of $7,500 could be made; that total purchase price was $35,000. She asked that the Lands and Development Committee review the matter, assess its desirability, and that Staff ascertain its cost to the City so the project could be presented once the right-of-way situation was Richardson Bay P2rk: The Assistant to the City Manager assured Ellman that trees would be planted in Richardson Bay Park as soon as weather permits and the ground is dry enough. Ellman asked if Council were aware of a plan for a series of programs to be held at the Park, for which funds would be required to erect some type of stage. Loomis stated that with the prospect of being able to occupy the site for some 10 years, plans should be made for developing something more like a community park, and suggested that this be considered at the joint session to be held at budget time. Duration of Terms foC' Commissioners Method of Nomination and Appointment hTlman- stated he felt commissioners should be allowed to fill a full 3 or h"':'l.'~~ar term when appointed, rather than assuming the unexpired portion of a commissioner's term. Ellinwood pointed out the difficulties of adminis- tering this procedure. Smith felt that commissioners who have served and indicated their desire to continue to serve after their term expires should be advised more promptly of the Council's decision re their appointment. - Ell~an asked what method was used in nominating commissioners. Bremer re- viewed present practice and then assigned the matter to the Public Services Committee to formulate a nominating procedure Intel'relationship and communic-;:rtion among Commissions, Counc il and Staff Loomis stated that when a full.-t~.me Planner is available, a list of the financing tools should be put before the Commission as a guide. Bremer confirmed the Planner, as well as other City Staff, would be available to the Cor~:11ission. Ellinwood noted how the Planning Director would function IT' tying )~ogether :~ll element;.:; of a project--such as the full scope of the hj~~ school developDc~t and its impact on the community. Drohan added the Director s:lould be the channel for communications between the Lands and Development (;o:H:'1itt(~e) l)arks Cind Recreation and Planning Commission on all itei-,18 that concern them. . . IJ ./. OL_L. _ . . ,,~ t:::;;( J~'1- ~ Ellr(1~n 8uggl~st0.d that -::r- eOffi' meetingS of Council and^Commission be sch8duJ.~d on 2 ~egulHr b~sis, possibly in winter or fall. Rice suggested t~at a second regular meeting might be scheduled in May to take care of the ):.:;hird agenda itcm--involvement of the Commission prior to final budget prepaJ-ation. In this connection, the City Manager noted this year a full day of budget item discussions, along with field trips, would be suggested for pnrticipatic:1 by the commissions. Follo~ing discussion, Bremer and Rice endorsed thi3 idea and suggested the day be scheduled in Mayor June Summer Recreation/Fork Program: Bremer indicated he considered the summer recreation program one or-top priority and felt $1,000-$1,500 could always be found to underwrite its financing. Ellinwood questioned the validity of this assumption, and felt that where sums over $1,000 were involved, consideration should first be given to other planning goals. She felt too that the needs of senior citizens should not be overlooked in this area of recreation. Smith stated the Commission will develop a summer work program and make specific recommendations as to summer recreation plans. Trails Plan: Smith stated that Mr. \I.falter Horchler, County Planning staff member who is working under contract on the Trails Plan, has indicated his willingness to cooperate with the City most especially in the second, implementation~ phase of the Trails Plan. She suggested that in order to keep everyone informed, that Council's Lands and Development Committee, with two members of the Planning Commission, should be named as an advisory committee to follow the Parks and Recreation Commission's deliberations with Mr. Horchler and City Staff. Drohan indicated his willingness to participate but felt the goal might be achieved more easily by providing the Lands and Development Committee with copies of all materials pertinent to the Plan. would be necessary to obtain Qn appropriation from Council in order to get the engineering study underway Join~ Meeting: City Council and Parks and Recreation Com -2- February 5, 1969 Joint Meeting: City Council and -3- February 5, 1969 Parks and Recreation Commission settled. Rice added it was possible a private foundation could acquire the land and lease it to the City. Planning for ~ School: Loomis noted that the Reed Union School District apparently had not taken any of Tiburon's joint-use concepts into account in their planning for the new ~ school, and felt it was important that the City increase its communications with the District on this matter. Bremer suggested that the Lands and Development Committee should follow through on this assignment. IV. ADJOURNMENT Having completed the business listed on call for this special meeting, at 10:48 P.M. the Chair declared the meeting adjourned. ~~ Approved by the City Council on: ,J~{~d. C; , 1969 /ft;' /? ~d4~~ MAYOR OF THE CIT TIBURON Approved by the Parks and Recreation Commission on - Jritl1e.Lfp , 1969 C TION COMMISSION :d.-- stated that while he was not at the last meeting, he~ the particular problem. ~qncepts approved in or the amendment ~~t Ellinwood expressed concern (1) that in placing design review on the affected tidelots, all R-2 development would now fall under design review, and (2) regarding the absence of metes and bounds description for the "building line". Moved by Drohan, seconded by Bremer, to have passed first reading. that the ordinance be considered Moved by Drohan, seconded by Ellinwood, that the ordinance be read by title only. On Rice's indication that he wanted Section I. read in full, Drohan withdrew his motion, and proceeded to read the drafted ordinance. By bill ~162 of February 5, 1969 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S. TO RECLASSIFY CERTAIN PROPERTY FROM THE P ZONE TO THE R-2 ZONE AND BY AMENDING SECTIONS 10-6 AND 11 OF THE ORDINANCE NO.9 N.S. came on for introduction and first reading. AMENDMENT OF ZONING ORDINANCE Revising Boundary Between "p" NO. and 9 N.8. "R-2" Along Mar East street A YES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMAN v Drohan, None Fanning ORDINANCES Ellinwood, Rice, Bremer MOVED by Drohan, seconded by Rice, that the above Item 8 on the Consent Calendar be accepted; unanimously passed POLICE REPORT Month of January, 1969 IV MOVED by Rice, seconded by Drohan, that Minutes *159 for January 27, be approved with the previously-noted modifications and correction; mously passed. CONSENT CALENDAR 1969 unani- On page 5, Minutes #159 of January 27, 1969, the Minute Clerk noted typo- graphical error as to line 4 concerning Peter Behr resolution in that the word "National" should have been Natural. Ellinwood asked that the date of 1/29/69 be inserted in the motion, ~nd paragraph from the bottom of page 2 following words "Phil Scott" in 4th line; insert word "possible" before word "litigation" on page 4, paragraph under Executive Session; page 7, with reference to Mr. Jerry Cqles' letter, she wondered if the fact the letter was signed by him as President of the Old Tiburon Property Owners Associa- tion should not be entered in the record. Mr. Coles was recognized and confirmed he had spoken as President of the Association. The Chair directed Staff to send copy of Mr. Coles' letter and response to the Planning Com- mission's Chairman and the Board of Design Review. III PRESENT ABSENT: EX OFFICIO COUNCILMEN COUNCILMEN Drohan ( 14 PM), Rice, Fanning Lawrence D. Rose, City Manager Richard H. Breiner, Deputy City Attorney Ray vr. Foreaker, Jr., C1 t Y Engineer Louis F. Brunini, Superintendent of PublicWorks Phil V. Scott, Development Administrator Russell Melquist, Assistant to City Manager Gary Sanders, Associate, George S. Gatter APPROVAL OF MINUTES 8 Ellinwood, Bremer II The regular meeting of the Tiburon City council, California, was called to order by Mayor William February 10, 1969 in the City Hall Council Chamb, ROLL CALL City of Tiburon, State R. Bremer at 8:10 P.M. :rs of on I CALL TO ORDER Minutes #161 CITY OF TIBURON CITY COUNCIL February 10, 1969 By bill #163 of January 31, 1969 the Planning Consultant put before the Council resolution to amend the General Plan by adopting a trails ele- ment, as proposed by the map and text presented to the City under a contract between the Parks and Recreation Commission and the County's Planning Department. On January 27, 1969 the Council had held public hearing and recommended adoption of the trails element, to be accomplished by resolution now before the Council. TIBURON PENINSULA Mr. Sanders was again recognized and called Council's attention to a letter from architect, Joseph Fsserick, who asked on behalf of the pro- perty owner he represented, a Mr. McGuire, that the building line be extended 5' further out from the center of the lot. The City Manager stated this would be resolved within the committee and staff function TRA ILS PLA N VI RESOLUTION Mr. John Dawson was recognized, expressed his opposition to inclusion of design review, and called attention to the absence on the exhibited map of the tidelot stations, marked on the 1871 survey, which had been indi- cated on the copy of map submitted by the petitioning property owners. No consensus was reached by Council as to the desirability of including design review. Ellinwood asked the committee to receive from the City Attorney his com- ments as to the absence of a metes and bounds description. Rice indicated a better word for 'underwater" lots should be found and hoped, too, that the committee would recommend as to whether this was limited to what exists as of this date or whether it would apply when- ever someone in R-2 acquires contiguous P parcels. He asked that suf- ficient publicity be given to the fact that design review for R-2 was being proposed. C. S the City 0 as follows c-8 lie the whe met con a 1 . . . If a lot zoned R-2 is contiguous to a submerged lot which s in the P zone and said lots are under the same ownership, total area of such contiguous lots may be used in determining ther the requirements of subparagraphs 1 and 2 above have been · Notwithstanding anything in the Zoning Ordinance to the trary, no building or accessory building may be extended from ot or parcel in a R-2 zone into a p zone " ection 10-6 of Ordinance No. f Tiburon, is hereby amended 9 N.S., the Zoning Ordinance of by adding subparagraph 8 to read Change subsection guide to the committee Rice proposed the following wording (c ) of Section I in the amendments to read as follows As a specific The Chair indicated it was obvious clarification of the ordinance was necessary. Rice stated the issues were clear ~nd need not be debated at this time if Staff, in the presence of Mr. ianchi, could resolve them. The Chair then directed that the matter be continued to the next regular meeting; that the Lands and Development Committee, with Staff and the applicant, should meet to develop an ordinance draft that would follow the plan which has already been accepted in principle Mr. Albert Bianchi, attorney for the property owners who had originally initiated rezoning, was recognized and stated the ordinance did not appear to include the following elements, which had been agreed to: (1) statement concerning the "30-foot rule" which would establish this rule would not be evoked in reference to these properties; (2) reference to counting the entire parcel in computing square footage for duplex use; (3) included design review, which he did not believe the Planning Commission had affirmatively dealt with, and which the owners he repre- sented felt was unnecessary because of the building line which would be imposed. By reference to the drafted ordinance, it was agreed that Item 2 appeared to be covered Dr. George Sugarman was recognized stating he was the owner of a tide- lot under 7500 square feet, although purchased by him as a legally- buildable duplex lot. The Chair asked that the City be provided with copy of the letter Dr. Sugarman had received confirming this as a build- able R-2 lot. Mr. Gary Sanders, Associate of George S. Gatter, then put before Council Dr. Sugarman's letter of recember 6, 1969 in which he protested establishment of a "building line". City Council Minutes -lf16l -2- February 10, 1969 The Chair directed the matter be referred to the Lands and Development Committee and that Council be furnished with a status report within one month, continuing the item to March 24, 1969. Hhereupon motion by Rice. gp~()nrlprl h" "Rl1inlAT("'\('''\rl lAT~~ lAdt:'hrl'Yl!:llATY"l !:lY"ln t-h.o Y'll1'Wlh.o-n Y>oC'O+-nY>oA Ellinwood indicated she too was prepared to vote affirmatively at this time and if referred to committee, would request that it be returned at a time certain. Rice stated it was a misconception that the plan connotes finality or implementation; that it was simply a phase of development that represents how far the Parks and Recreation Commission has gone and asks for a vote of confidence; that while he recognized the problems on which Drohan focused, he liked the idea of an implemental trails plan as density on the Peninsula would be such in the next 15-20 years that the City would have to act now in order to preserve open space. He added that while he was ready to vote for adoption, as he had at the last meeting, he would recognize Drohan's request for further study Mrs. M. M. Fickert, Mar East street, was recognized and stated that in order to avoid a 10-15' trail between houses, the acquisition of surround- ing greenbelt area would have to be faced, and she didn't feel the City could afford to have this land come off the tax rolls. She felt the "lower trailff should be restored to the Plan. Mr. Walter Horchler, of the County Planning staff, was recognized and re- viewed for Council the changes made in the Plan following its initial presentation. He noted the County Parks Commission had expressed some of the same concerns as were indicated and the County Planning Commission concurred resolution of these problems would lie in the implementation, or second, phase of the contract. He also commented that 77% of the trails system would be the responsibility of the County. Mr. John Dawson was again recognized and again requested that the walk- way traversing his property be deleted fro~ the plan, noting that in response to protest at the publiC hearing, a path extending into Corin- thian Island had been deleted from the map at the request of their home- owners' association. Mr. J. to the trails B. McGuire was recognized and affirmed Mr. Reed's objection as decreased value of properties that might be affected by such system. Mr. Ed Reed, Paradise Drive, was recognized and asked how this property could be acquired and noted paths had been drawn giving the best land to use by horses. He also felt drawing these proposed paths on the map jeopardized present values of properties adjacent to or included in the routing of these trails. The City Manager stated that only implementation of the ridge route would be accomplished under Phase II of the City-County contract, leaving everything else unemplemented, although formally adopted if this resolu- tion passed. Mrs. P. E. Thompson, strong objections to 4697 Paradise the plan. Dri v e , The Chair stated that recognizing the value to Council of the committee system, he would refer it to committee for early report, adding he would act in Fanning's place if the latter's absence prevented prompt attention to the matter. was recognized and voiced Drohan expressed his very serious reservations about adopting this plan, based on (1) his doubt that the citizens were obliged to prOVide through private property a trails system down the middle of the ridge for the benefit of a vaguely-defined segment of the general public; (2) that a substantial influx of visitors would have to be provided for; (3) the report itself acknowledged the need for the operating agency to be cognizant of its responsibility for maintenance, water, drainage, police and fire protection; and (4) he questioned whether bridle paths were desirable at all. He commended the report writers for a professional, honest and realistic job, and felt parts of the plan should be retained and incorporated in the General Plan--primarily the bike path along the railroad right-of-way. He asked that the Trails Plan be remanded to the Lands and Development Committee for further study. Moved by Rice, City Council Minutes seconded by Ellinwood, #161 -3- that Resolution No February 232 be adopted 10j 1969 The Chair directed PG&E and with the just outside the that Staff undertake property owner, to property line to acquire the arrange for their free poles from aTchoring in place Mr. Marshall Walters was recognized to respond to Council's question as to whether the owners intended to replace the fence they had constructed on the site in October of 1967. Response was made that they had a per- mit to build a fence and were anticipating resolution of the problems which had prevented their obtaining stipulations the City had required before the fence could be built. He stated he had no objection to the placing of poles. BY bill #168 of February 5, 1969 the Assistant to the City Manager brought to Council's attention the problem of enforcing no-parking restrictions on the south side of Paradise Drive between Main street and Mar vJest street, as ordered by adoption of Council r s resolution of December 9, 1968. He noted cars park on private property as well as the City's right-of-way, posing a problem for the Police Department in ticketing no-parking violators. Solutions suggested were that the City construct a fence along the right-of-way; that poles be placed hori- zontally along said right-of-way line--at a cost of $1800--or that free poles be obtained from PG&E, if the City was willing to wait for two months or, finally, that the "no parking" order be rescinded. 'NO PARKING AYES: NOES: ABSENT A REA J COUNCILMEN COUNCILMEN COUNCILMEN SOUTH SIDE OF PARADISE DRIVE BETWEEN Ellinwood, Rice, None Drohan, Fanning MA IN AND MAR i.~.TEST Bremer MOVED by Rice, seconded by Ellinwood, that the City Council does hereby extend the time provided for the franchisee to commence and complete construction and installation of the CATV system, on the grounds that he has acted in good faith and appeared to experience delays by reason of circumstances beyond his control; and that the time for commencement be extended to July 1, 1969 and that the time for completion of construc- tion and installation be extended to August 30, 1969, with the further provision that the franchisee will furnish to the Staff, starting the first of March, 1969 and the first of each month thereafter, a status report showing what progress is being made in connection with joint pole agreements, how many customers, if any, have been connected for service, and how many are proposed to be connected in the month imme- diately followingj unanimously passed Mr. James Barrett, representative of Pacific Telephone Company, was recognized and commented the tremendous backlog of pole arrangement work had prevented them from doing the work in the area Clear View will service but he felt pole arrangements for Clear View could be completed by the end of June. Mr. Ted Chanock, President of Clear View, was recognized and noted for the record letter of January 6, 1969 which indicated Teleview's willing- ness to cooperate with Clear View Systems to prOVide this service. Mr. Joseph E. Sheeks, attorney representing the franchisee, was recog- nized and outlined a time schedule that would pertain, contingent upon pole conversions being made by the Pacific Telephone Company. Respond- ing to the Chair's query as to service to the northwestern sector of the City above Paradise Drive, he stated this depended upon a cooperative arrangement with Teleview Systems, who provide service to Corte Madera, and he foresaw no great prOblem in working out such an arrangement BY bill :f'166 of February 4, 1969 the City Manager noted that pursuant to franchise issued Clear View Cable Systems, Inc. on February 29, 1968, on January 21, 1969 the City had notified the company that the matter would be before Council at this time for response as to why service had not been instituted. CLEAR VIEH CATV FRANCHISE VII A recess was taken at 10:00 P.M., with the Chair noting that Drohan MINUTE ORDERS and the meeting reconvened at 10:12 had been excused beceuse of illness City Council Minutes #161 -4- February 10, P 1969 .M Ellinwood expressed some dissatisfaction with the procedure and gested the City's goals could be achieved without employing this sug- By bill #169 of February 5, 1969 the Associate of the Planning Con- sultant presented for Council's consideration P.E.R.T. chart which he and the City Engineer had prepared as an interdepartmental tool out- lining the steps of a planning program, leading ultimately to a capital improvement program. The City Engineer explained technical aspects of the chart, and Council's opinion as to priorities was solicited. P .E.R.T Chart AYES NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN VIII Ellinwood, Rice, None Drohan, Fanning REPORT Bremer MOTION AMENDED by Ellinwood, increasing the amount of the $110.00 in order that electric brakes may be installed on chipper; amended motion unanimously passed: contract by the brush Ellinwood recalled an following discussion, accident in Tiburon involving a trailer offered the following amendment: and Noting the vendor's letter referred to an additional charge of $110 if electric brakes were included, the Superintendent of Public Works indi- cated he felt this was an unnecessary expenditure; that the Vehicle Code called for electric brakes only on trailers over 3,000# and this unit would be exempt; further, that the brakes were activated by the truck pulling the unit MOVED by Rice, seconded by Ellinwood, that the Council authorizes the acceptance of the bid furnished to us by Western Traction Company on the Model 12T-318 brush chipper, as set forth in their letter dated January 29, 1969. BY bill #167 of February 5, 1969 the Superintendent of Public Works recommended acceptance of the bid of Western Traction Company for a total of $4,069 to cover purchase of a Wayne brush chipper, Model 12T- 318, which he noted on a lease-purchase basis was $74 per month compared with the budgeted figure of $84.93 per month. AUTHORIZATION TO PURCHASE BRUSH CHIPPER, AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Ellinwood, Rice, None Drohan, Fanning PROJECT C-ll MOVED by Rice, seconded by Ellinwood, the tax auction for the sum of $5.00; Bremer that AP 55-102-23 be purchased at unanimously passed: BY bill #165 of February 3, 1969 the Assistant to the City Manager reported three small parcels of land in Tiburon would be sold at publiC auction by the County of Marin at a nominal $5 payment because of tax default. He recommended acquisition of AP 55-102-23, a walkway on the westerly end of Tenaya Drive connecting to Hilary Drive, since this was well constructed and used by residents of the area. He did not recom- mend acquisition of AP 60-103-37, a steep stairway off of East View Avenue; and noted that AP 60-105-60, a cement stairway adjacent to the Sierra National Bank, had recently been deleted from the Trails Plan at the request of Corinthian Island residents, and was in bad state of repair. After discussion, Council eliminated consideration of AP 60-103- 37, and at Ellinwood's snggestion that a physical inspection be made of the Sierra Bank stairway, put over to the next meeting consideration of purchase of this parcel. PURCHASE OF REAL PROPERTY The City Manager suggested that in the absence of the Administration and Finance Committee and Drohan that this matter be carried to the meeting of ........ f Rice requested when the matter comes- before the Council cna~ Item 12--departmental and project tour day--be moved back on the schedule. The Chair directed the matter continued to the next regular meeting. ADOPTION OF BUDGET CALENDAR FOR FISCAL Cicy c,ouncll IvllDutes 101 -5- YEAR 1969-70 February 10, 1969 tV')~ 1969 Approved by the City Council on At 11 55 p .M , t~e Chair declared the meeting adjourned x City l'lanagers Annual Conference - The City Manager requested permission for--.che J\ssistant to the City Manager to attend this conference with him on February 26-28. The Chair stated he would withdraw his request for reim- bursement of his expenses to the New Orleans meeting to permit the Assistant to 2ttend this City Managers' meeting. ADJOURNMENT i:iring of PlanninG Dir2ctor: In response to Ellinwood's question, the City -i~~-=-~~'1ager.s:ca:Ced 3 mor:: applications had been received after reinserting the '111'.5 2.'~ c:nd 3pproxims.tely 10 applications had now been received for this job PG&~ ?3t0 Increase Elli~~ood brought up the matter of an intended rate increase by PU'&~and the ChQ.ir directed the Deputy City Attorney to look into tl:c facts and r2Jor~ at the next meeting as to the basis on which this increase wa3 requested Agen~,-:: I"ce:rns -- be l:1o:V"3d to-the analysis was to repliec he h20 by ag:!nd2. ~.I;llir:\'Jsrd ui:)k0d th3t the Minf-board report she is to make J.,~Gt ~.:.: ..~tir:7, in E1r'ch. She noted the 6-month financial 112":,.0 Lee.1 schedt.i=t.cd for this meeting, and the City Manager m~IO to the Ch~ir requested that it not be placed on this LU1l0heon--vJorlc:l;.OlJ.. 'Jy P;J.rks ~lnd Recreation Commission - Ellinwood commended -::':[12-c'OZ1n~i3f.'i()11 fc_'t.112>-nighl.Y successful luncheon meeting held February 8th 2J..:;t2r~d(;J -;~y Uc;i'':; thJD 100 ~pers':>ns interested in Tiburon I s recreation plans, 2.DCl GU.~bcst2d that 0. lett'~r of appreciation be sent to the Commission T~1 of C~-l~lir dirL~t~<l t~:~:t the Assistant to the City Manager attend the Board ,sL( ;r'vif;o't"'r". ws~ting)f F2bruary 11th to express the aforesaid statements '-' ALES: : ~'JSS ~ ./\ 1)8 EnT COU1'~C COt'~JC CGJNC ~CLI ~EN ~I= LI,L2:1~' :~LI.rE"~ Ell i:r~':Jood l;cJl1 (; Dr-chan ii'anning , r,10-v~ED by Ellinwood, 8:;;conded by Bremer, that the Board of Superv~sors be 8dviseu uy 8 rcprcsentativ8 of the City that a presentation will be made- to the City by the St&tel0 Department of Parks and Recreation on the sub- .-J2C1C of Angel Island; that it is almost entirely within the City limits; \TC~ hsve don~~ pre~_ill:.inary studies and will, indeed, have our own recommen- dations to rr..'11ce Hitnin 8. rllonth 8nd would request that the Board postpone itf! ~ction on tte matter; however, at this time the City of Tiburon Nould sey, in cener31 that they approve of the statements in the resolution, pQ.rticulo.rly iJcE:;~.~s 2; 3: 5 and 6; L::1animously passed Rice, Bremer Angel Island - The Chair stated Parks and Recreation Chairman George Ell=- man had told him the County was interested in receiving the City's expres- sions with regard to c.levelopment of Angel Island facilities. Ellinwood noted the State plans public hearings on April 11; that some County persons felt it was not a n:atter of concern to the County, and she felt this should be resolved. The Chair asked that the County Parks and Recreation Com- misi.}ion's resolution be adopt ed in concept; Ellinwood suggested Council consider approving generally those concepts expressed in Items 2, 3, 5 and 6; Lice expressed general agreement; on behalf of Fanning, the City Manager expressed his inte~est in maint2ining tax-producing facilities within the City-limits sector of the Island. critical planning. ment of the IX path network device Rice spoke in favor of this method of The Chair indicated he would expect Staff to continue develop- chart by establishing priorities and concepts of timing. QUESTIONS City Council IiJ:inutes #161 -6- February 10, 1969 Minutes #162 CITY COUNCIL February 24, 1969 CITY OF TIBURON I. CALL TO ORDER The regular meeting of the Tiburon City Council, City of Tiburon, state of California, was called to order by Mayor vJilliam R. Bremer at 8: 05 P.M. on Fe brua ry 24, 1969 in the City Hall Council Chambers. II. ROLL CA LL PRESENT: COUNCILMEN: Drohan (8:10 PM), Ellinwood, Fanning, Rice, Bremer ABSENT: COUNCILMEN: None :;X OFFICIO: Russell Melquist, Assistant to the City Manager Robert I. Conn, City Attorney Ray W& Foreaker, Jr. , City Engineer Louis F. Brunini, Superintendent of Public Works George S. Ga tter, Planning;Consultant III. EXECUTIVE SESSION At 8:06 P.M. the Chair declared the meeting recessed to Executive Session to discuss litigation with Mr. M. K. Taylor, special counsel of the City's in- surance carrier. At 8:12 P.M. the Council reconvened. IV. APPROVAL OF MINUTES MOVED by Drohan, seconded by Fanning, that Minutes ~160 for the February 5, -969 meeting held jointly with the Parks and Recreation Commission be 2pproved. Rice asked revision of the last paragraph, page 1, first sentence, to read: "Rice stated he understocd gas tax monies could be available for this pro- ject... " Fanning questioned whether the school referred to by Loomis on pJge 3 was properly identified; the paragraph was corrected by deleting the words "high" in 1st and 3rd lines. Ellinwood asked that page 2, 4th para- graph reflect the consensus that two joint meetings per year be scheduled by the City Council and Parks and Recreation Commission. Question on the motion was called for and the minutes were unanimously approved, reflecting the above comments. NOVED by EllinwQod, seconded by Drohan, that Minutes #161 for February 10, 1969 be approved. Rice asked that his statemen~ on page 1, last paragraph, be worded to read: "He questioned whether the text of the amendment answered tte needs of the particular problem. "; question was called and motion passed: A.YES: COUNCILMEN: Drohan, Ellinwood, Rice, Bremer .OES: COUNCILMEN: None ABSTAINING: COUNCILMEN: Fanning ABSENT: COUNCILMEN: None V. CONSENT CALENDAR GAS TAX INCREASE REQUEST BY PG&E BUDGET CALENDAR FOR FISCAL 1969-1970 REPORTS OF URBAN DEVELOPMENT, January, 1969j TREASURER, CITY MANAGER, January, 1969 and DEPARTMENT OF PUBLIC WORKS, January, 1969 Ellinwood asked that Item 9-Backyard Burning- and Item 13-Deletion of Tiburon Boulevard from state Highway System-be removed from Consent. MOVED by Fanning, seconded by Rice, that the Consent Calendar be adopted, being the above subject agenda item Nos. 7, 12, 14, 15 and 16; unanimOUSly passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Breme r NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None VI. ORDINANCES AMENDMENT OF ZONING ORDINANCE NO.9 N.S. Revising Boundary Between "p" and R-2" Zones along Mar East Introduction and First Reading By bill #162 of February 18, 1969, an ordinance entitled AN ORDINANCE OF Moved by Rice, seconded by Ellinwood, that this segment of the amendments proposed by the Planning Commission be remanded to the Commission for their further examination, with particular reference to the wording of "usable grazing ground." It was then determined that copy of the ordi- nance before Council did not use this term but referred to "usable range " Mr. George Sayre was recognized and expressed his concern not so much as to the keeping of horses as to the use of horses and felt the ordinance should speak to the limitation on use in open areas. Fanning asked what the status of existing horses would be with adoption of such amendment. Mr. Peter Macgowan was recognized speaking in favor of revising the word- ing as "usable range" he felt was inapplicable. He suggested that the forffi€r county ordinance requirements be followed, i.e. merely that a use permit be required, administered by staff. MOVED by Drohan, seconded by Fanning, that Ordinance No.9 N.S. be amended by adding Section 23, subsection (M), as recommended by the Planning Com- mission, which will provide for the keeping of "horses, donkeys, mules and similar animals on 1-1/2 acres of usable range per animal, and other small animals in residential zones." AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None Ellinwood, MOVED by Drohan, seconded by Fanning, only; unanimously passed: Fanning, Rice, Bremer that the ordinance be read by By bill #90 of January 31, 1969 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S. by AMENDING SECTIONS 6, lO-3-B, l8(c), 19, 20, 23 and 27(F)(2) came on for introduction and first reading, being amendments to the Zoning Ordinance recommended for adoption by the Planning Commission following public hearings and submission of a report of the Lands and Development Committee. Recognizing the presence in the audience of numerous persons reportedly in attendance to speak to the 7th item, keeping of horses, the Chair directed that this segment would be taken. He declared the public hearing open. title AMENDMENT3 TO ZONING ORDINANCE NO.9 N.S. Seven Revisions Proposed by Planning Commission Introduction and Pirst Reading AYES NOES: ABSENT COUNCIL~.lEN COUNCILMEN COUNCILMEN Drohan, None None Ellinwood, MOVED by Drohan, seconded by Fanning, that the have passed first reading; unanimously passed: Fanning, Rice, Bremer ordinance be considered to Title was AYES: NOES: ABSENT so read by Drohan COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None Fanning, Rice, Ellinwood, MOVED by Drohan, seconded by Fanning, that the ordinance be read by only, being the draft presented under date of 2/17/69 without design review provisions; unanimously passed Bremer title Two proposed ordinances were presented--one requiring design review and one deleting such provision. It was the Lands and Development Committee's opinion that design review would not be required, with the establishing of a building line as had been proposed by the committee of affected property owners. Mr. Albert Bianchi, attorney representing applicant property owners, agreed with this view as being that held by the persons he repre- sented. The Planning Consultant suggested adopting the simpler ordinance, without design review feature, and asking the Planning Commission to examine the matter of design review control in R-2 zones. Ellinwood suggested a special R-2-S zone might be considered. THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S. TO RECLASSIFY CERTAIN PROPERTY FROM THE P ZONE TO THE R-2 ZONE AND BY AMENDING SECTION 10-6 OF ORDINANCE NO.9 N.S. came on for introduction and first reading, public hearing having been opened on January 27, 1969. City Council Minutes .-,tt162 -2- February 24; 1969 Mr, Avery Millard, who stated he lived directly across the street, was recognized and expressed no objection, although agreeing the applicant might have acted differently in advising neighbors of his intended plans Mr. Newman Page, 5 Rolling Hills Road diagonally across the street from the tion to the variance requested. was recognized~ stating he lived subject property and voiced no objec- Mr. Ralph C application , Noah, There was some discussion as to whether the surrounding property owners had been given sufficient notice. Mr. Allan Littman was recognized and stated he believed neighbors had received notice of this appeal hearing, but had not been notified of the lot split for this property which had preceded this variance application by a month or so. Ellinwood noted that while staff as a matter of courtesy might so advise neighbors, it was not a requirement of the subdivision ordinance and it was the variance, not the accomplished lot split, which was before the Council at this time. applicant, was recognized to speak in favor of his By bill #174 of February 18, 1969, the Development Administrator reported that on January 20, 1969, the Board of Adjustments had denied Mr. Ralph C Noah's application for a 10' encroachment into the required 15' sideyard at 8 Rolling Hills Road which the applicant had desired in order to construct a deck to provide view. The Development Administrator stated it had been the Board's finding that none of the required causes for variance could be found to exist as to this property. The applicant's appeal was now before the Council. The Chair declared the public hearing open. ~PPEAL FROM DENIAL OF VARIANCE Mr. Ralph C Noah, Setback at 8 Rolling Hills Road VIII VII. EXTRAORDINARY BUSINESS Planning CommisSion - ResIgna~ion The Chair stated that by letter of January 29, 1969 Mr. Joseph H. Bacheller III had submitted his resignation as a Planning Commissioner since he was moving from Tiburon. The Chair stated a plaque commending him on his service to the Parks and Recreation Commission from January, 1967 to March, 1968 and 'n the Planning Commission from March, 1968 to February, 1969, would be ~elivered to Mr. Bacheller. The Chair stated suggestions from the public as ~o possible nominees to fill this vacancy would be welcomed. Council Agendas Noting the hour and the lengthy agenda, the Chair directed Staff to be mind- ful of Council's goal for 11 o'clock adjournment when preparing agendas. Compliments to Councilman Mrs. Mary Price was recognized and complimented Drohan on his remarks made at the last meeting on the Trails Plan. Advertising by Helicopter Dr. George Sugarman was recognized and registered his protest over the flights made recently above Tiburon by a helicopter towing an advertising banner. He recommended that Tiburon consider an ordinance prohibiting this video invasion of privacy, which he deemed to constitute unnecessary air pollution as well as being aesthetically undesirable. The Chair referred the matter to the Public Services Committee. MINUTE ORDERS At 9:24 P AYES NOES: ABSENT .M a recess COUNCILMEN COUNCILMEN COUNCILMEN was taken Drohan, Fanning, Ellinwood, Rice None The meeting reconvened at 9:33 P .M Breme r Question on AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN the original Ellinwood, Rice Drohan, Fanning, None motion was called for and passed Bremer Question on the amendment The City Attorney replied to Fanning's question that those animals in existence at the time of adoption of the ordinance could continue as a "non-conforming use"; however, should an animal die or be removed, replace- ment could not be made. was called for and motion defeated City Council Minutes -#162 -3- February 24, 1969 Mr. George Sayre was recognized and stated he believed the date of should run from the date of notice rather than the date of denial. appeal The MOVED by Drohan, seconded by Fanning, that Section recommended by the Planning Commission. AYES NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None 18 ( C ) be amended, as 3'11 inwood MOVED by Drohan, seconded by Fanning, that Section ing "Development Administrator", as recommended by unanimously passed: J Fanning, Ri c e , 6-20.1 be added defin- the Planning Commission Bremer ; A YES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None Ellinwood Mr. Rampton Harvey was recognized and asked whether the Corinthian Yacht Club would have to seek a variance for a proposed grid in the water in front of Tiburon Tommie's and 39 Main street, to which Drohan responded the Club would have to apply for variance for the use intended. The question was called for and motion was unanimously passed: , Fanning, Rice, Bremer Mr. Marshall l~alter was recognized and objected to the exclusions named, stating there was still a measure of control through the design review provisions and urged that some allowance be made to get a boat in and out of the water. Drohan referred to letter of Mr. Gordon Strawbridge dated February 24, 1969 which urged Council to include the type of safeguards named in the motion as excluded uses. MOVED by Drohan, seconded by Fanning, that Section 23(L) be added, pro- viding for berthing, mooring and landing facilities for boats in the lip zone, not to include housing facilities for yacht and boat clubs, yacht and boat equipment, sales, maintenance or haul-outs. " AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None Ellinwood, Fanning, Rice, Bremer MOVED by Drohan, seconded by Fanning, that Section 27(F)(2) be amended to read as presented by the Planning Commission, with the exception that the words "solely by residents thereof (no employees)" be replaced by the words "by no more than two residents thereof." Some discussion was held Question was calle or and motion was unanimously passed: AMENDMENTS TO ZONING ORDINANCE Recommended by Planning Commission AYES NOES: ABSTAIN ABSENT: COUNCILMEN COUNCILMEN COUNCILMAN COUNCILMEN IX Drohan, Fanning, Bremer Ellinwood None ORDINANCES, Cont'd MOVED by Rice ruling of the passed seconded by Drohan, Board of Adjustments Rice that the City Council affirms the in denying the application; motion , Drohan suggested the matter could be remanded to the Planning Commission and the applicant be requested to get together with his neighbors to explain his intended plan, or alternatively, to support the denial on the basis of insufficient evidence for a reversal having been presented. Ellinwood and the Chair indicated they would concur with remanding the matter to the Commission, but Mr. Noah confirmed Drohan's understanding that he wished no further continuance; the applicant then asked for his letter of January 20, 1969 to be read for the record and it was so read stating that his neighbors to the west and across the street, being Messrs. ~1inkelman and Page, respectively, had no objection and that of Mr. Littman, whose property was down the street, appeared to be based more on the lot split than on the variance requested for a deck to intrude into the side- yard setback. Mr. Allan Littman was again recognized and stated that as he had not been afforded an opportunity to review the plans, he could not state wheth2r he would object to the variance asked for this property, which adjoins his City Council Minutes #162 -4- February 24, 1969 MOVED by Drohan, seconded by Fanning, that this ordinance, having been read by title only~ be considered to have passed first reading as modified by the preceding actions; unanimously passed: AYES: NOES: !. BS ENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None Ellinwood, AMENDED by Drohan, seconded by Fanning, adding: That the appro- person from City Staff shall transmit the entire record, as pre- before the Planning Commission or the respective boards, on appeal City Clerk, such record to include the application, any amendments or supplements thereto and any correspondence, petitions or other documents filed with the body making such final decision prior to the date of its decision; amended motion unanimously passed: MOTION priate sented to the Fanning, Rice, Bremer Rice suggested th being the entire .~ supplements and any with the body making the record on appeal" should be further defined ~~cord, including application and any amendments correspondence, petitions, or other documents such final decision prior to the date of its or filed decision MOVED by Drohan, recommendation be matter of appeals seconded by Fanning, that the Planning Commission accepted and Sections 19 and 20 be amended as to as s the Fanning asked if Staff would not please update the Zoning Map newly-annexed areas AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan None None to reflect the , Ellinwood, Fanning, Rice, Bremer Question on Mr. Hal Schwartz was recognized and spoke in favor of the motion, the RO-2 front setback as it now stands at 30'. the motion was called for and unanimously passed MOVED by Drohan, seconded by Ellinwood, approve the reduction of the front yard RO-2 zone. leaving that the City Council does not setback from 30' to 25' in the Drohan stated the Committee had received a number of letters--mostly from Hill Haven residents and primarily against the reduction of front setback in the RO-2 zone, as would be proposed by the Planning Commission's recom- mendation. Fanning stated he knew of no one favoring the reduced setback for the Hill Haven area and the Committee had not favored designating a special RO-2 district with 30' setbacks. The Committee had felt that a reduced front setback to 25' for RO-2 was consistent with the smaller property area as compared with RO-I but felt the matter should be fully explored in public hearings. Ellinwood stated ~p~.was opposed to the general reduction of this RO-2 front setback, ~if the motion were directed specifically to the Hill Haven area would, as a resident thereof, abstain. In answer to Fanning's question as to what other areas in RO-2 had been built to the 30' standard, it was replied that portions of Rolling Hills, Marinero and Del Mar would fit this category. Rice noted this matter had arisen with the annexation of Reedland Woods Unit #1, and out of this had come the Planning Commission's recommendation that the front setback be reduced to 25'. AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None Ellinwood , Fanning, Rice, Bremer Question on Rice stated this would notice of if no notice, the amended motion was called for and unanimously passed mean he had 14 days 40 days. from MOTION AMENDED by Drohan, seconded by Fanning, changing the line Failure of the Board to hold a hearing...shall be deemed a denial"; placing a period thereafter and substituting the following for the remaining phrase "Applicant shall be duly notified and from the date of mailing of notice, applicant shall have 21 days in which to bring his appeal." the date of mailing of Chair stated he felt Staff should notify the applicant of and its meaning to the applicant if there was a denial. City Council Minutes '+:162 -5- such February 24, inaction 1969 City Council Minutes ~162 -6- February 24, 1969 AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ~EDICATION AND IMPROVEMENT OF STREETS Because of the lateness of the hour~ the Chair directed that this matter remain with the Lands and Development Committee for report; and directed that it be continued to the next regular meeting. X. RESOLUTIONS ANNEXATION OF REEDLAND WOODS UNIT NO.2 Tiburon Hills, 1969 -1 Resolution No. 232 By bill -!~173 of February 18, 1969 the City Manager put before the Council for adoption resolution authorizing the annexation of Reedland Hoods Unit No.2, known as Tiburon Hills, to the City of Tiburon. Local Agency Formation Commission having already approved the annexation, upon passage of this resolution, and filing of certified copy with the Secretary of state, annexation proceedings would be completed for this 47-acre~ 83- single-family residential building site subdivision. MOVED by Fanning, seconded by Drohan~ that Resolution No. 232 be adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED REEDLAND WOODS UNIT NO.2 (1969-1) (TIBURON HILLS) TO THE CITY OF TIBURON; unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None XI. MINUTE ORDERS PURCHASE OF TAX-DELINQUENT PARCEL By bill #165 of February 17~ 1969 the Assistant to the City Manager again brought before Council the matter of two small parcels of property which are available for purchase at tax auction: AP 60-l05-60--a cement stair- way adjacent to the Sierra National Bank; and.AP 60~103-37, another stair- way off of East View Avenue. It had been staff's recommendation, accepted by Council on February 10, 1969, that the latter parcel was not of interest to the City. After some discussion~ Ellinwood suggested tabling the matter of the Sierra Bank stairway as there was some question whether it was desirable for the City to obtain this, but she suggested it might be determined whether there was any permanent right-of-way established by easement. MOVED by Ellinwood, seconded by Rice~ that consideration of purchase of the subject parcel be tabled; unanimously passed: AYES: COUNCILMEN: Drohan, Ell invlood ~ Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None BACKYARD BURNING SURVEY The Chair directed this matter continued to the next meeting. BAY AREA REGIONAL GOVERNMENT The Chair directed that this matter be continued to the next meeting. FINANCIAL ANALYSIS - FIRST SIX MONTHS OF FISCAL 1968-69 le Chair directed that this be continued to the next regular meeting, and .I,-equested that it be scheduled earlier on the agenda. XII. REPORTS DELETION OF TIBURON BOULEVARD FROM THE STATE HIGHHAY SYSTEM The Chair directed that this matter be continued to the next regular meeting Request to Transfer Funds: The City Treasurer was recognized and stated that as the Bank of America has given the City very favorable interest rates on lease-purchase contracts, he was requesting that some funds now on deposit with Sierra National Bank in Tiburon be transferred to the Bank of America, Mill Valley Branch The Chair directed that this be accompl.ished. Bazard of Ditch, Railroad Property: Drohan urged that the City declare the ditch on the Railroad's downtown parking lot area, behind the Firehouse, to be a public nuisance, in view of a recent near-tragedy when a child fell into the water-filled ditch. Discussion evolved in sense of the Council that the Railroad be notified to remedy the hazard within 24 hours or the City will undertake emergency abatement under powers vested with the City ~nager. A YES : NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, Fanning, None Ellinwood, Bremer Rice ABM Missile Sites: MOVED by Rice, seconded by Ellinwood, that Resolution No. 233 be adopted, A RESOLUTION OPPOSING LOCATION OF ABM SITES IN POPULOUS URBAN AREAS AND URGING THAT THIS DEFENSE SYSTEM CONCEPT BE REEXAMINED BY THE ,PRESIDENT, THE CONGRESS AND THE DEFENSE DEPARTMENT. In the ensuing discus- sion, the Chair stated he felt such a resolution was unnecessary at this time; Fanning indicated this matter was not properly within the purvj(:~ of the City. Question on the motion was called for and motion passed Beport on 1 Island Development: The Assistant to the City Manager reported the Board of Supervisors at its February 11th meeting had asked for an expression from the City of Tiburon as soon as convenient on the matter of a development plan for Angel Island. They were told the City would receive a presentation on the subject on March 6 when Mr. Harry Dean of the State Department of Parks and Recreation will address the City's ~arks and Recreation Commission. The Chair instructed Staff to give full publicity to this presentation. IJovrntown Plan: Letter of Planning Commission Chairman Joseph Marshall on the subject of economic feasibility studies of the Downtown Plan was acknow- ledged, and the Chair directed the matter to the Lands and Development Com- mittee for recommendation and report to the Council within one month. Bay Area Regional Government: Receipt of Voters on this subjec was acknowledged. the le..ague of Homen letter from Invitation to Inspect Nike-Hercules Sites The Chair stated he would, at nis expense, accept the Army's invitation to inspect Nike-Hercules sites during the period April 8-12 Greenbelt Areas: The Chair requested Staff ~rom Mr. Jerry Coles conveying information on required of developers, as set out in the City to acknowledge receipt of how greenbelt areas are of Fremont's ordinance letter Correspondence with Northwestern Pacific Railroad re t-of-VTay: The Chair acknowledged receipt of letters of February 17 and 2~, 69 from the Railroad regarding setting a right-of-way purchase price. Fanning also acknowledged receipt of TPAC letter of February 5, 1969 withdrawing their previously- stated objections to the City's leasing this right-of-way. The Chair stated that no price had yet been named by the Railroad, nor had leasing been eliminated from consideration. Proposal to Move Victorian Mansion to Tiburon for Use as City Hall: Rice stated that by letter to the City Manager, Mr. John B. Clark, Reedland Woods ~esident, had suggested that a victorian mansion he was considering purchas- ing might be transported by water from Petaluma to Tiburon and leased to the City for use as a City Hall. He suggested the structure might be situated at 114-122 Main Street or on Blackie's Pasture. Mr. Clark was recognized, presented photograph of the building and discussed the possibilities of the proposal. Mr. Samuel Shapero was recognized and expressed his belief that the cost of moving this building vTould be ve~ high and he felt there was not an.adequate site for it in Tiburon. It was the sense of the Council that no commitment could be made on the basis of the presentation made; however, Rice was instructed by the Chair to pursue the matter sufficiently to find out what the economics of the proposal might be City Council Minutes .ft162 " XIII QUESTIONS -7- February 24, 1969 ~CITY Approved by the City Council m~~/o , 1969 on Manager At 12:20 A .M February 25, 1969~ the Chair declared the meeting adjourned XIV Protest Over Issurance of Building Permit: Ellinwood left her Council seat to assume a chair in the audience in order to request as a private citizen the temporary suspension of a building permit which she stated had been lssued by the Development Administrator without full compliance with the Building Code. Specifically, this referred to permit for the construction of a swimming pool at 1820 Mountain View Drive, adjacent to Ellinwood's property, and reference to the failure of the Development Administrator to include a grading permit, as required by the code~ as well as his statement to her on February 19, 1969 that no permit would issue until he was satis- fied about disposition of the fill although the permit apparently issued on February 14~ 1969 without a determination of this matter. She stated she viQ3 joined in this appeal by Mr. and Mrs. John Cook, 1801 Lagoon View Drive, who were also affected by the proposed construction. She cited the lack of filing of adequate plans, as required by the code, and the fact no inspection ~f the site was apparently made, and lack of determination of natural ground level frcm which the required fencing could be measured as reasons for her charge that the Development Administrator had acted outside his scope of authority in issuing said permit. Drohan stated the Development Administra- tor should be instructed to right these matters~ and the Chair directed the \ssistant to the City Manager to check this matter with him the first thing in the morning and suspend the permit if appropriate and to contact the City Attorney if there was any legal problem. She stated she would be willing to scipulate to a changed stipulation in pending injunction proceedings to add Lhe proper numberof days for whatever period of time was involved in suspend- i~g the permit havmg the advice of her attorney this could be done. The Chair directed that Staff investigate this matter~ and proceed as is appro- priate. ADJOURNMENT City Council Minutes 162 -8- February 24, 1969 Planning Director: Ellinwood noted that on March 8th the final group of applicants for the Planning Director position would be interviewed and she suggested that some structure for identical interviews be planned for the applicants. The Assistant to the City Manager confirmed the City Manager ~ad so prepared such a procedural program Rice brought up the matter of the Planning Commission's previous recom- mendation for a reduction in the front setback for RO-2--whlch the Council had rejected--and asked if there weren't some way to apply this lower front setback of 25' to the two Reedland Woods subdivisions which had been planned for this setback under the then-applicable County zoning. He noted that with the present 30' front setback for this zone, variances will have to be obtained for many of the properties to be developed in Reedland vToods Units #1 and #2. The Chair indicated he MOVED by Fanning, have passed first seconded reading. by Rice, that the ordinance be considered to Title was so read by Fanning AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Ellinwood, None Drohan MOVED only; by Fanning, unanimously Fanning, seconded by Rice, passed: Rice, Breme r that the ordinance be read by title ay bill #178 of March 4, 1969 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S. TO CLASSIFY CERTAIN PRO- PERTY AS R-l AND CERTAIN PROPERTY AS RO-2 came on for introduction and first reading. The Development Administrator recommended adoption of the ordinance, which provides zoning for the Tiburon Hills subdivision recently annexed to the City, as approved by the Planning Commission. Slides and a map were exhibited showing the areas to be placed in the respective zones. The Chair declared the public hearing open. ZONING FOR N~lLY-ANNEXED TERRITORY Introduction and First Reading Reedland Woods Unit #2 v Items 7, 10 and 14 were indicated as being on Consent; however, it was the sense of the Council that they be taken individually as they occurred on the agenda and no action w~s taken on Consent# ORDINANCES IV MOVED by Fanning, seconded by Ellinwood, that Minutes ~162 of February 24, 1969 be approved. Rice stated that page 4, motion of Drohan concerning amendment of Section 27(F)(2) of the Zoning Ordinance should be corrected to reflect his suggested changes, accepted by Drohan: "customary home occupation, such as dressmaking or millinery, is allowed in all residential zones, provided: (1) there shall be no display of goods visible from the exterior of the~uIlding, aBa-~F0v~aea-~~ptRep-tRat and such use MHSt shall be carried on in the main building solely by no more than two residents thereof (no employees), (2) such use m~8~ shall be only incidental to the residential use and (3) must not result in any change-fn the external appearance of said building." Rice asked that the sentence on page 5, 3rd paragraph be changed so as to commence: "Rice suggested as an alternative providing that an applicant have 14 days..." Ellinwood stated the word "andll should be "but II, page 5, 4th paragraph, 10th line and page 7 corrected to reflect proper spelling of "Nike-Hercules" missile sites. Question on the motion was called for and minutes were unanimously approved as corrected CONSENT CALENDAR III PRESENT ABSENT: EX OFFICIO COUNCILMEN COUNCILMEN Ellinwood, Rice, Drohan Lawrence D. Rose, City Manager Richard H. Breiner, Deputy City Attorney Ray VT. Foreaker, Jr., City Engineer Louis F. Brunini, Superintendent of Public Phil V. Scott, Development Administrator APPROVAL OF MINUTES Works Fanning, Bremer II The regular meeting of the Tiburon City Council, City of riburonJ state California, was called to order by Mayor William R. Bremer at 8:09 P.M. March 10, 1969 in the City Hall Council Chambers ROLL CALL of on I CA LL TO ORDER Minutes #163 CITY OF TIBURON CITY COUNCIL March 10, 1969 AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Fanning, Bremer Ellinwood, Rice Drohan Question on the motion was called for and motion failed Mr. Allan Littman was mission had not made though he noted the that through the assessed. again recognized and stated the Planning Com- any recommendations for size of such range, al- amendment calls for 1-1/2 acres, and it was felt use permit procedure each case could be separately There was some discussion as to the scope of The City Manager noted the ordinance provides ments and Design Review may make interpretations the words that the as to Rice questioned. Boards of Adjust- definitions. Moved by Rice that the Council refer to the Lands and Development Com- mittee the matter of amendment of Section 23(M) for the purpose of determining whether there is any meaning to the words "usable range" Motion died for lack of a second Discussion was then had as to whether Section 19(A) was worded adequately to reflect Council's intent as expressed at the last meeting. It was the sense of the Council that the following be added to the end of the sentence: "within 14 days after the date of mailing of notice of the decision appealed from." Draft of the ordinance was corrected to as recorded under "Approval of Minutes" conform Moved by Fanning; seconded by Rice, that Ordinance No sidered to have passed second reading. to Rice's corrections, 24 N .S be con- Title of the ordinance was AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN so read by Fanning Ellinwood, None Drohan MOVED only; by Fanning, unanimously Fanning, seconded by Rice, passed: Rice, Bremer that the ordinance be read by title BY bill #90 of March 5, 1969 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S. BY AMENDING SECTIONS 6, 10-3-B, 18(C), 19, 20, 23 and 27(F)(2) came on for second reading and adoption, h8ving passed first reading as amended on February 24, 1969 The Deputy City Attorney's draft of ordinance as amended, dated March 7, 1969, was put before the Council AMENDMENTS TO ZONING ORDINANCE NO.9 N.S. Seven Revisions Proposed by Planning Commission SeCond Reading and Adoption - Ordinance No. 24 N .s AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Ellinwood, None Drohan Fanning, Rice, Bremer Question on The Chair requested that lands and Development Committee restudy the matter and make recommendations for a front setback for the RO-2 zone the motion was called for and unanimously passed Mr. Allan Thompson, Planning Commissioner and member of the Board of Adjustments, was recognized. He stated that the Board was requiring the developer of Reedland Woods Unit #1 subdivision to submit a plan for each lot which demonstrated the need for the variance because of the siting of the house. Mr. Allan Littman, Planning Commissioner and Chairman of the Board of Adjustments, was recognized and stated he did not feel it should be assumed that the only area desiring the 25' front setback was that of Reedland Woods and on the contrary, stated the only opposition to the reduction had come from the Hill Haven area, which has already been substantially developed to the 30' standard. He felt that granting of mass variances undermined the variance procedure and indicated considera- tion might be given to placing Hill Haven as an exception to the zone. felt this City Council was Minutes preferable to making an exception to the general zoning #163 -2- March 10, 1969 City Council Minutes ~163 -3- March 10, 1969 Ellinwood stated her "no" vote had been cast on the basis of Rice's argu- ments advanced for the deletion at this time of Section 23(M) from the amendments. A recess was taken at 9:03 P.M.; the meeting reconvened at 9:11 P.M. The Chair stated he would entertain a motion to reconsider the vote taken for second reading and adoption of the preceding ordinance, with the thought that Section 23(M) could be referred to the Public Services Com- mittee. MOVED by Ellinwood, seconded by Rice, that the Council reconsider the vote taken on the motion to adopt the ordinance on second reading; unanimously passed: AYES: COUNCILMEN: Ellinwood, Fanning, Rice, Breme r NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Drohan MOVED by Rice, seconded by Ellinwood, that Ordinance No. 24 N.S., with the exception of Section 23(M), be adopted, having passed second reading. The City Manager stated this would mean the zoning ordinance amendments would be adopted, minus the proposed new section, and this Section 23(M) would have to pass as a new proposal through hearings by the Planning Commission. Fanning indicated referral of this section to committee was unnecessary as the words "usable range" were adequately described in the dictionery. Question on the motion was called for and motion passed: A YES: COUNCILMEN: Ellinwood, Rice, Bremer NOES: COUNCILMEN: Fanning ABSENT: COUNCILMEN: Drohan The Chair then directed that the proposed amendment, Section 23(M), be referred to the Public Services Committee for their proposal on definition AMENDMENT OF ZONING ORDINANCE NO.9 NS. Revising Boundary Between "p" and "R-2" Zones along Mar East SecoDd Reading and Adoption - Ordinance No. 25 N.S. BY bill 4162 of March 6, 1969 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S. TO RECLASSIFY CERTAIN PRO- PERTY FROM THE P ZONE TO THE R-2 ZONE AND BY AMENDING SECTION 10-6 OF ORDINANCE NO.9 N.S. came on for second reading and adoption, having passed first reading on February 24, 1969. MOVED by Fanning, seconded by Rice, that the ordinance be read by title only; unanimously passed: A YES: COUNCILMEN: Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT : COUNCILMEN: Drohan Title was so read by Fanning. MOVED by Rice, seconded by Fanning, that Ordinance No. 25 N.S. be adopted unanimously passed: AYES: COUNCILMEN: Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Drohan DEDICATION AND IMPROVEMENT OF STREETS Introduction and First Reading By bill ~171 of February 7, 1969 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING THE TIBURON CI'IY CODE, PROVIDING FOR THE DEDICATION AND IMPROVEMENT OF STREETS AS A CONDITION OF ISSUANCE OF BUILDING PERMITS FOR CERTAIN PARCELS OF LAND came on for introduction and first reading. It was noted the ordinance had arisen out of the policy statement on streets, with the City Engineer and City Attorney being directed to strengthen the code to bring about desired street improvement The City Engineer noted the ordinance would re%Uire that no building per- mit be issued on any lot in the R-3, PA, CV, P or CG zones unless The Chair recognized Mr. David Slocum~ President of the Students of the Tiburon Peninsula, who p~ced before Council their request for permission Request for Temporary Placement of Ark AYES: NOES: ABSENT VI COUNCILMEN COUNCILMEN COUNCILMEN EXTRAORDINARY BUSINESS Ellinwood, None Drohan Fanning, Question on the motion to pass the ordinance on first amended was called for and unanimously passed: Rice, Bremer AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Ellinwood None Drohan reading as MOVED by Fanning, the ordinance in Fanning, seconded by Rice, that exception (3) Section 13-10.2; unanimously passed: Rice~ Bremer be reinserted in Rice stated that on rereading the context of the deletions meant to take out of the ordinance the exception numbered , ( he 3) . A YES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Ellinwood, None Drohan had not Fanning Question on the amendment was called for and unanimously passed ~ Rice, Breme r The Deputy City Attorney pointed out that if the list of exceptions was removed and someone applied for single-family construction in an R-3 zone, some difficulties might arise in requiring such dedication Following brief discussion, the Chair ruled the latter correction to be a typographical error, as the City Engineer noted the figure should indeed be 20 feet. AMENDMENT MOVED by Rice, seconded changed by deleting the three and by changing "10 feet" to line, Section 13-10.8(1)(a). by Fanning, that the ordinance exceptions, as noted under Section '20 feet", as the number appears in be 13-10.2, the 2nd Ellinwood spoke in favor of placing these provisions on R-l-zoned lots and felt the Development Administrator's observation was valid. The Chair stated he felt Fanning's suggestion for separate legislation for R-l zones was practical. The City Engineer noted the three blank spaces for date should be filled in with the date of "March 24, 1969" where they appear on pages 1 and 2. Fanning stated he was aware of the existence of two points of view Staff and would recommend adoption of this ordinance, it being the to bring up another ordinance which would be applicable only to the single-family residential areas. He stated the Lands and Development mittee wished to discuss the ramifications at greater length and hold some public discussion before incorporating them into the ordinance, meanwhile it was felt that action shouM be taken on treordinance now before the Council. and Com- by intent MOVED by Fanning, have passed first seconded reading. by Rice, that the ordinance be considered to Title was so read by Fanning A YES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Ellinwood, None Drohan MOVED only; by Fanning, unanimously seconded by Rice, passed: Fanning, Rice, Bremer that the ordinance be read by title there was a dedication of street along the frontage of the subject lot It was the Development Administrator's recommendation that R-l zones should be included in this provision as the problems the ordinance seeks to correct are possibly even more critical in single-family zones. City Council Minutes fl163 -4- March 10, 1969 The Chair indicated he was not ready Rice suggested Council might want to opportunity for public expression on might be well to indicate that numerous to vote now continue the the program. complaints on this ordinance. matter to give more Ellinwood stated it on bothersome dogs have Mrs. Mary Price was over dogs recognized and Mr. J. B. McGuire was recognized and stated he had not read anything to indicate there was a need for the type of animal control this would pro- vide, and he did not feel there was a need to quadruple the services for Tiburon, as would be indicated in the ordinance. He stated the program hinted of "empire building." spoke to the need of increased control Fanning expressed his opposition to the concept of the ordinance, object- ing to the Humane Society's interpretation of having one's animal under control, the quarter-million dollar expenditure that was projected; and the fact officers would now be out looking for dogs and citing owners rather than simply responding to calls. While some aspects of the program he felt were good, he did not believe that as presented it represented what the citizens of Tiburon would want in the way of regulation. The City Manager stated he had discussed the situation with County adminis- trative officers and he felt it was possible that as the effects of this ordinance were felt, there. might be less rather than more need for enforcement personnel. By bill J~176 of February 19, 1969 the Assistant to the City Manager reported the City-County Services Committee has been studying animal control on a county-wide basis and now proposes adoption of a uniform ordinance which will allow the Humane Society to provide a higher level of service, through increased fees and personnel and including not only impounding of animals but citation of animal owners whose animals are not "under their control". The Public Services Committee recommended approval of the program but suggested that the District Attorney's office should provide legal counsel, without charge, to all cities in matters of contested animal control, and that the additional staff be added gradually as the need developed, finally reaching the 5-man patrol which was indicated. Ellinwood stated they also recommended adoption on a I-year trial basis and felt that during this period the County should examine the effectiveness of this program with a view to reducing costs where possible ANIMAL CONTROL REGULATIONS AYES: ~OES : ABSENT COUNCILMEN COUNCILMEN COUNCILMEN VII Ellinwood, None Drohan ORDINA NCES, Continued Fanning, MOVED by Fanning, seconded by Rice, that this request be granted, subject to the conditions outlined in the City Manager's memorandum of March 10, 1969, and the letter of Belvedere Land Company dated March 7, 1969; unani- mously passed Rice, Bremer The City Manager stated the ark must be moved right away from its location at 27 Beach Road, Belvedere and Council might consider giving the same kind of temporary approval as had been extended to Mr. Fred Zelinsky on a similar request. He stated it further should be required that application be promptly made for either amendment to TPC's master plan, a use permit, or both, to comply with Staff's ruling regarding placing the ark in this P-zoned property, and the ark should be "in storage" with no occupancy or use permitted. He felt the Belvedere Land Company's commitment to move the ark at their expense should arrangements not be completed should be made part of the conditions on which permission was given. to temporarily store the ark "Mermaid" on Tiburon Peninsula Club property Accompanying the request was (1) diagram of the intended location on TPC land, (2) memo dated 3/5/69 including stipulations by the students' group and TPC as to placing of the ark, (3) memo of the City Manager dated 3/10/69 setting forth the suggested conditions for moving and storing the qrk and (4) letter of Belvedere Land Company of 3/7/69 reiterating their ,greement to remove the ark at their expense if arrangements between the City and Tiburon Peninsula Club could not be completed for temporary relo- cation of the ark on their property. City Council Minutes +?163 -5- March 10, 1969 The Chair comments much to indicated he felt at the last meeting opposition to the ban on spend this money for a survey the survey was desirable. Fanning indicated of Mayors and Councilmen reflected pretty burning and he wasn't convinced of the need He felt the City should express its By bill #170 of February 7, 1969 the City Manager suggested that authori- zation be given to conduct a postcard survey to determine the method and frequency with which Tiburon's citizens burn or dispose of refuse, noting this information would provide some background and support for whatever position the City would wish to take as to the Bay Area Air Pollution Control District's ruling banning backyard burning as of January 1, 1970 He suggested that the $386 needed to cover the costs of this survey be obtained by adding $72 to Function A-5l6 and $314 to Function H-5l2 BACKYARD BURNING The Chair directed that the Downtown Plan map be 1969 agenda. AYES NOES: ABSENT COUNCILMEN COUNCILMEN COT..mCILMEN Ellinwood, None Drohan placed on the April 14, Fanning, MOVED by Fanning, seconded by Rice, that the economic feasibility study of the Downtown Plan be tabled and that the City Council not proceed with consideration of the Downtown Plan Map until the Planning Commission has had the opportunity to look at the proposed Buskirk-Noble Plan;unani- mously passed: Rice, Bremer By bill #180 of March 6, 1969, letter of the Planning Commission dated February 20, 1969 conveyed to the Council the Commission's opinion that expenditure of funds for an economic feasibility study of the Downtown Plan was undesirable at this time. BY report of March 7, 1969, the Lands and Development Committee concurred with this opinion, noting such a study would not provide data needed to approve the map portion and that any major developer would at the precise plan stage have to develop at his own expense a feasibility study to substantiate the need for the uses he proposed. Reference was made to a new approach to the Downtown Plan, as developed by Messrs. Buskirk and Noble. Drohan suggested that this plan be put before the Planning Commission for their recommendations Fanning indicated he felt the City should not hold up everything until this was done. The Chair suggested that adoption of the Downtown Plan map should be placed on the agenda for two.meetings from this date, and in the meantime, the Buskirk-Noble plan be referred to the Planning Com- mission to hold hearings and obtain public reaction. Complying with Ellinwood's comment as to wording of the agenda bill, the Chair stated the bill should be corrected to delete the last phrase from l(a) of the Committee's recommendations to end the sentence: fl...already been decided upon and established.fl FEASIBILITY STUDY OF DOWNTOvTN PLAN VIII The Chair then directed that the matter be continued with these concepts being brought forth into polished form by the next meeting, and further, that the City Manager shall indicate to the County administration Tiburon's interest in some form of legislation for conduct of a program at a more economical level and one which would not be a burden to the dog owner MINillE ORDERS Moved by Rice that the Chair direct the City Manager to advise that the matter has been continued to the next regular meeting further evaluation; that the City Manager be advised that in any should Council decide to approve the City-County Services program, we would require at least that there beoS change made so that they would have to furnish legal counsel to cities without charge in the matters of con- tested animal control; that it be limited to a trial period of one year; and further, that the Council would recommend that it be done initially without any increase in manpower. the for event County The City Manager stated Council might wish to study the matter further and if they desired, instruct him to look into the program to see what might be accomplished less expensively. been received by Tiburon and Belvedere councils. Fanning of no complaints on this subject placed at council level. . City Council Minutes 4163 -6- Ma rch stated he knew 10, 1969 Fanning stated he was curious as to why patrol mileage was 3 , 000 fewer POLICE REPORT AYES: NOES: ABSENT Month of February COUNCILMEN COUNCILMEN COUNCILMEN 1969 Ellinwood, None Drohan MOVED by Rice, seconded by Fanning, approved unanimously passed: Fanning, Rice, Bremer that Register of Claims No 55 be TREASURER, By bill #173 of February 10, 1969 the City Engineer informed the Council of receipt of a recent Division of Highways' report containing a recommen- dation that Tiburon Boulevard be deleted from the system after its improvement as it was a stub route, functioning as a local and land service facility without continuity of travel. The Chair stated he opposed le~,ting it out of the system as long as Tiburon services--to any degree--Angel Island. After brief discussion, the Chair directed that the report be accepted, without further action. CITY MANAGER Register of Claims No 55 DELETION OF TIBURON BOULEVARD FROM STATE HIGHWAY SYSTEM IX MOVED by Rice, seconded by Fanning, that Manager's Financial Analyses be accepted REPORTS ; the Assistant to the City unanimously passed The Chair directed that the review of street undertaken by the Public Services Committee, the March 24, 1969 meeting. improvement projects and that a report be be made at By bill #157 of February 7, 1969 Fanning presented for review the report of the Assistant to the City Manager submitting an analysis of the Revenue, Expenditures and Statement of Fund Balances for the six months period for fiscal 1968-69 which indicated that to date, the City was 2pproximately $30,000 ahead of projected revenues, partly due to savings made by funding Reed Ranch Road storm drain routing from gas tax rather than General Fund monies as well as salary saved because a Planning Direc- tor had not yet been hired. He stated various street improvement projects which had not been budgeted for this fiscal year because of insufficient funds totaled some $29;000 for the 10 or 11 items. He suggested that this list be reviewed. Rice asked that the City Engineer supply a list of such street improvement projects within a week and the Public Services Committee could then review the priorities and make their recommendation. MID- Ellinwood volunteered to summarize the notes taken by her at the ABAG meeting regarding this proposal. The Chair directed that the matter be continued to the next regular meeting, by which time a date for a joint meeting with the Board of Supervisors might be known. Ellinwood suggested Staff check with the League of California Cities' office to find out when the applicable material would be available. YEAR FINANCIAL ANALYSIS, FISCAL YEAR 1968-69 By bill-!t172 of February 18, 1969 a report regarding the Joint Committee on Bay Area Regional Organization's proposal for establishing a regional organization for San Francisco Bay area was put before the Council. It was noted the Board of Supervisors on January 28, 1969 had asked for postponement of the final date for comments to allow cities and county government time to review the proposal and, hopefully, arrive at a unified city-county position for Marin County. BAY A YES: NOES: ABSENT AREA REGIONAL GOVERNMENT COUNCILMEN COUNCILMEN COUNCILMEN Fanning, Rice, Ellinwood Drohan Bremer MOVED by Rice, seconded by Fanning, that the recommendation of the City Manager be approved and a postcard survey be authorized, to be funded in the total amount of $386, as suggested by the City Manager; ~ passed: G~r Council Mlnutes!~163 opposition to the ban means were proposed (- at least until such time as a March 10, 1969 regional disposal Plan~ing Director: Mr. Al Sennett, Chairman of the Tiburon PBninsula l\dvlsory -Committee, was recognized and asked if Council could advise on the status of hiring of the Planning Director since it was his understanding thC1t screening interviews had been held over the weekend. The Chair responded that all Councilmen, Planning Commissioners Thompson, Marshall and Macgowan, and Parks and Recreation Commission Chairman Ellman, with the City Manager 2DO Assistan~ to the City Manager, met in an all-day session, interviewed four canaidates selected from a pre-screening done by a professional board, an~ 2S additional inquiries were to be made by the City Manager, he felt it :ould be premature to give further details. He stated the City Manager had been advised of this group's thinking and the decision was now in his hands, although he would be guided by the recommendation of the Council and the Commissioners. Ellinwood commented there had been a high degree of PDthusiasm for the individual and since Mr. Gatter's associate, Gary Sanders, war no longer available to the City, she hoped a decision would be announced shortJy The City rJIa~lager responded he had no intention of protracting the ?etaluD8 Mansion/Tiburon City Hall: Rice reported ~btain any fi~ures concerning Mr. John Clark's Petaluma victorian mansion to Tiburon for use form3tion was obtained, he stated he would he had not been able proposal to transport a as a city hall. If more report at the next meeting. to in- C~~~~~E-~' n den c~:. : s~rvac~on League, vr~tl. the matel'ial TIle Chair acknowledged receipt of letter of the Marin Con- February 24, 1969, and directed that it be placed on file on the ban on backyard burning. I.'iaintenance of has t;::,~-=en over P:)~_:;_cc offices 1ent. (jf bulbs:; it is street Lights: the old lighting of Depal'tment of which would then Ellinwood was advised that since the City district, persons should call either the Public Works to report the need for replace- be accomplished by PG&E whose responsibility ...::..1(e- Herc ules Sites: TIle Cha ir ~~cccpt the Army IS i11vi tation to stated he had found he would not be able to inspect these sites April 8-12. l~/c~,-<gue of Califol'nia Cities L'3gislative Conference: Ellinwood stated she ~wTJ:id :Jttend this conference, to be held in Sacramento from April 14-16. D..'ug j\ (:;--. '--Ell~:: c:, J. 'e] or: buse study Committee: Ellinwood expressed appreciation for minutes illGcting Ot-B1].S ~itizensl committee, and commended its chairman, Mr Wright. x 1\.~ promised by the f:-{"a~1chisee, a monthly progress report on CATV 1...10t'_-:J.lation was )resented through letter to the City Manager from the Clc;('~l View C2ble 3ystem) Inc. J February 28, 1969. The Chair directed C 11 l : -:~ t h J_ s :L' e p O~' t be 2 c c e p t e d QUESTIONS c f\ T" Rice suggest~d this matter be included on the City Engineer's list of street improvement projects) and the Public Services Committee would bring it on with their recommendation as to priority at the next meeting rDie Chair then direccec1 that the report and accompanying photographs be accepted .; Sy.J tem By billlf177 of IVIarch 3, 1969 the City Engineer and City Manager reported on 2 slide on the southerly portion of the cul-de-sac of Tara Hill Road, ~Thich had been noticed early in February. It was estimated that cost of ~nitial exploratory work to determine the proper corrective measures lIould cost between $1,200 and $1,500 and an expenditure between $5,000- $10;000 would probably have to be made to repair the slide. The matter was before Counci~ to determine if any work should be budgeted, and the '_"2port s ta ted that should Counc 11 not wish to undertake the exploratory work now; it could 1e postponed as no homeowner is presently affected, but if abutting own8rs decide to develop their land, the City would have to :ilake imlT.e diate repairs" which might be difficul t if this had to be bccomplished during the winter months. SLIDE y ("[)unc:Ll Ylinllc.es ~163 -8- March 10,1969 mi2.es this year than last, in view of the hiring of a police clerk in order to provide more patroling. The City Mat~ager stated he would look into the matter The Chair thereupon directed that the report be approved ON TARA HILL ROAD ipproved by City Council rn ~ ~~L, "- t/ , 1969 the on Fanning stated that Mr. Robert Singer and his family had taken a great interest in the youth of the community during their short residence; that Mr. Singer had served as one of the first Parks and Recreation Commissioners and had resigned this position upon being transferred to New York some time ago. He regretfully reported to the Council that Mr. Singer had died of leukemia several weeks ago and thereupon MOVED, seconded by Ellinwood, that the meeting be adjourned in the memory of Mr. Robert D. Singer; motion unanimously passed; and the meeting at 11:15 P.M was thereupon adjourned XI Swimming Pool: Mr. Richard Main, Mountain View Drive, was recognized and commented on the matter brought to Council's attention at the last meeting regarding the swimming pool being constructed on his property and stated T~ith regard to the Development Administrator's actions in the matter that ,1) he had never heard of an excavation permit being required for a swimming pool and (2) the Development Administrator had been on his property previous to permit being granted. ADJOURNMENT final decision :~l t y Council Minutes fl163 /i -9- March 10, 1969 Minutes 1; 164 CITY COUNCIL HP.reh 17 1969 CITY OF TIBURON .1. CALL TO ORDER Pursuant to notice of special meeting dated ~rch 17, 1969, the City Council was called to order by Mayor William Bremer at 5:45 p.m. in the Council Chambers and the roll was called. II. ROLL CALL PRESENT: COUNC ILMEN : Bremer, Fanning, Ellinwood, Rice (5:50 p.m.) ABSENT: COUNCILMEN: Drohan EX OFFICIO: Lawrence D. Rose, City Manager A quorum being present, the City Council was convened in executive session for the stated purpose of discussing with the City Manager his intended appoint- ment of a Planning Director. At 6:12 p.m., discussion on the stated matter having been concluded, the Mayor adjourned the executive session and reconvened the City Council in open session to announce that the City Minager would ~ppoint ~. Wayne lobody as Planning Director. The Mayor further stated that the City Council took exception to a newspaper story carried on Friday, 14 March 1969, which reported proceedings of an earlier executive session of the City Council, thus violating the pri- vacy of that session, as well as inaccurately raflecting the facts of the matter. ADJOURNMENT There being no further business permitted under the call for special meeting the session was adjourned at 6:20 p.m. Approved by the City Council on ?7t tL1 eL 01 t/ 1969 Mr. Franklin Busher, Tiburon Fire Chief, was recognized and asked that the audience be reduced to the 49-person capacity as fire regulations were presently being violated. After some discussion, the Chair directed By bill #163 of March 20, 1969 a resolution for adoption of a Tiburon Peninsula Trails Plan was again before the Council, having first been presented on February 10, 1969 and continued to permit the Lands and Development Committee to review the plan and make their recommendation. Drohan read the Committee's report in full, attached to and made a part of these minutes. The Committee felt the Plan should not be adopted prior to conduct of the implementation phase and recommended returning the Plan to the Parks and Recreation Commission with instructions to move it to Phase II of the study. Also, they felt Council should provide guide- lines which would state (1) that major emphasis in implementation should be given to layout and planning of a waterfront strip park with bicycle path and pedestrian trail along the railroad right-of-way, and that a ridge network of footpaths was of lower priority; (2) that flexibility in alignment of the ridge footpaths was recommended. The Committee asked that the public hearing be continued to the next meeting to debate the merits of the Committee's recommendations. ~.~~~~ The Chair introduced for the record letters~he Sierra Club, Mrs. Eric Bellingall of Belvedere, and the Reed District Parent-Teachers Club which generally expressed approval of the Plan, and letter from Mr. and Mrs. Leo Bodian, Tiburon, which was against adoption of the presented Plan A large quantity of letters was then received by the Chair as individuals filed past him--said correspondence being turned over to the City Manager for summary. TIBURON PENINSULA TRAILS PLAN Because of the large audience Peninsula Trails Plan, now be the Chair taken for a OF BUSINESS suggested that Item 8, maximum of 1/2-hour's Tiburon discussion , AYES: ABSTAINING NOES: ABSENT IV COUNCILMEN COUNCILMEN COUNCILMEN COUNCILMEN SUSPENSION OF ORDER Ellinwood, Drohan None Fanning Rice, Bremer MOVED by Rice, seconded by Bremer, that Minutes #163 for March 10, 1969 be approved as submitted. Ellinwood noted correction on page 7, 1st paragraph, to delete the word "unanimously" from the 3rd line. Question was called for and the motion passed, approving the minutes as corrected "YES: STAINING NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN COUNCILMEN Ellinwood, Drohan None Fanning Rice, MOVED by Rice, seconded by Bremer, that approved as submitted; motion passed Bremer Minutes #164 for March 17, 1969 be Drohan, (8:09 PM), Fanning Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Ray W. Foreaker, Jr., City Engineer Louis F. Brunini, Superintendent of Public Phil V. Scott, Development Administrator Russell Melquist, Assistant to the City Manager George S. Gatter, Planning Consultant Wayne Moody, Planning Director Samuel Shapero, City Treasurer III APPROVAL OF MINUTES \\forks PRESENT ABSENT: EX OFFICIO COUNCILMEN COUNCILMEN Ellinwood Rice, Bremer II The regular meeting of the Tiburon City Council, City of Tiburon, state California, was called to order by Mayor William R. Bremer at 8:08 P.M. March 24, 1969 in the City Hall Council Chambers ROLL CALL of on Minutes ;i 165 I CALL TO ORDER CITY OF TIBURON CITY COUNCIL March 24, 1969 AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None Fanning MOVED only; Ellinwood, by Rice, seconded by Drohan, unanimously passed: Ri c e , Bremer that the ordinance be read by title Rice questioned whether the reference to Section 13 regarding off-street 'rking wasn't too restrictive. The City Attorney agreed, and suggested that the sentence be amended by placing a period after "as required". Mr. Fred Zelinsky, owner, was application and the "canopy" ment to the building recognized and spoke in behalf of the or porch which he planned as an embellish- Answering Ellinwood's questions as to requirements of the PD zone, the Consultant stated that without adoption of a Downtown Plan, there were no other standards or requirements other than the 40% coverage factor. Ellinwood stated that if the requirements of the zone nearest in proposed use would apply, she assumed this would be "CV". Mr. Thompson was recognized and reviewed the features of the plan now proposed. It had previously been noted that a previous plan had been returned to the Planning Commission for introduction as a new master plan proposal since substantial revisions had been made at the time it was at City Council level. Mr. Thompson stated there was now a 14' setback from the Windjammer Restaurant; a waterside promenade deck could be extended to the Dock Restaurant, with the cooperation of owners of intervening pro- perty; there was a front setback of 10', with a porch located over the front; it was a 2-story element, with 12 additional parking spaces re- quired, exclusive of whatever parking would be required for whatever uses were assigned to the second story. The Planning Consultant stated that as a condition of approval, use should be assigned at the time of precise plan approval and parking requirements established By bill #183 of March 19, 1969 an ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TIBURON APPROVING A PRIVATE MASTER PLAN FOR NOS. 1-11 MAIN STREET AND SETTING FORTH CONDITIONS came on for introduc- tion and first reading following action by the Planning Commission in recommending adoption of the Plan. The Master Plan, marked #3, was pre- sented and spoken to by Mr. Allan Thompson, architect representing the owner, Mr. Fred Zelinsky The Chair declared the public hearing open. MASTER PLAN APPROVAL, Nos. 1-11 Introduction and First Reading AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Main street Drohan, None Fanning Ellinwood, Rice, Bremer Question on the motion was Rice's question as board than existing sultant that the line for present structures to why the structures was drawn called for and unanimously passed boundary was placed seemingly further out- extended was answered by the Planning Con to include piers, decks and underpinings MOVED by Drohan, seconded by Rice, passed first reading. that the ordinance be considered to have Drohan read the entire ordinance which, if adopted, would redefine the P-PD boundary establishing a line which would allow existing Main street structures to be rebuilt if more than 50% destroyed BY bill #184 of March 19, 1969 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S. TO RECLASSIFY CERTAIN PRO- PERTY FROM THE P ZONE TO THE PD ZONE came on for introduction and public hearing, following unanimous adoption by the Planning Commission of a resolution to this effect. REZONING OF SOUTH SIDE OF MAIN STREET ~roduction and First Reading FROM P TO PD ZONE V that this matter be continued to April 7, be made to hold the meeting at either Del date the anticipated audience. ."1 _ .. -...;..1- v,j CULtncil l,i..i..nlA. ces ..LVJ -c- ORDINANCES 1969 and noted arrangements would Mar or Reed School to accommo- 1969 March 24, Rice stated he recalled that a previous RP zoning had been granted based on a specific plan and asked whether rezoning could be made contingent )n accomplishing some aspects of a plan. The Planning Consultant stated that in this instance, the Planning Commission has declared its intent to call for a complete development plan as a requirement of the design review process, and he felt it was better not to establish conditions at the time of rezoning. In view of the potential d the east of the Peninsula, Rice indicated his concer a either rezoning and then looking into a evelopment of n about creating plan or trying to side precedent by attach rezoning Ellinwood stated rezoning couldn't be conditioned and that the controls referred to in Rice's report would rest with the tentative subdivision maps which would require solution of the drainage problem by the property owner. She stated her recollection was that the owner had not proposed "p" zoning for the pr-rlperty as an "interim" zoning; that the planning Com- mission had made some strong arguments against RP zoning; she felt the City would be assuming a liability of some $76,000 if they were to accept the land offered by the owner in order to correct drainage. She stated the fact Porto Marino is not an accepted public street also raised a serious question since the City Attorney has already advised that public funds could not be spent correcting problems on private property, and felt the developer should first resolve the drainage problem before the City could accept the offered land. The Chair recalled the Public Services Committee some years ago had recom- ~ended extension of Porto Marino Drive and he was still of the opinion chat this was a necessity. The City Manager passed to the Chair letter of the Reed Heights-Tiburon.Kholls Property Owners Association, dated March 21, 1969, unanimously endorsing the extension of Porto Marino Drive. By bill #185 of March 19, 1969 an ordinance came on for introduction which would amend the Zoning Ordinance to provide RP rather than P zoning for the subject property, owned by Mr. Samuel Shapero. Rice read his report dated March 24, 1969 concerning the background of the erosion problem which exists on the land, and stated that on March 3, 1969 the owner had applied for the rezoning and offered to dedicate some 12 acres to the City, some of this land being that on which the erosion problem exists. Rice concluded that if the City accepted the land the only available options would be (1) installation of a check-dam system, estimated to cost $7500; (2) extension of Porto Marino Drive to Trestle Glen, for which the City Engineer estimated $67,000 to $75,000 would be initially required to install drainage facilities; (3) continue to treat the drainage problem by cleaning of Trestle Glen ditch. He suggested referring the matter to an ad hoc committee, composed of one member each of the Lands and Develop- ment and Public Services Committee, to arrive at an integrated report. REZONING FROM P TO RP PROPERTY SOUTH SIDE OF TRESTLE GLEN, ~ URON BOULEVARD AND HACIENDA DRIVE Dlcroduction and First Reading AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None Fanning BETVJEEN Ellinwood, Rice, Bremer Question on the motion was called for and unanimously passed Drohan asked if allowing the projected 'canopy" might not set a precedent whereby a future owner could "build it up." The Consultant stated that "open space II assumed that it was open to the air. Ellinwood asked that in adopting the ordinance that it be clear that at the time of precise plan approval the Planning Commission be aware that Council would not have approved the plan with the porch enclosed. MOVED by Rice, seconded by Drohan, have passed first reading. lES: 1'-10ES : ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None Fanning that the ordinance be considered to MOVED by Rice, ( B) ( 2) after Section 13 of Ellinwood, seconded by Drohan, the word "required", the Zoning Ordinance Rice, that a period be placed in paragraph striking the remaining words ".. .by 'j unanimously passed: Breme r Title was so read by Drohan City Coune i1 Minutes ;-165 -3- March 24, 1969 ~ity Council Minutes #165 -4- March 24, 1969 to some specific plan. Drohan stated that while he was inclined to favor cluster development as a means of creating open space, he endorsed Rice's suggestion for formation of an ad hoc committee to look into the aspects involved in this particular rezoning application. Mr. Don Loomis, Parks and Recreation Commissioner, was recognized and ~erring to the land use map submitted by the developers, objected to the eAtension of Porto Marino Drive through the land proposed to be offered to the City for park purposes. The Chair noted this alignment had been that proposed before any thought was given to the use of this area for park. Mr. Rampton Harvey was recognized and agreed the proposed road should be rerouted to affect the park as little as possible. Recalling his comments while a Planning Commissioner, he stated his comments on RP zoning had not been based on an objection to cluster housing as such but voiced his con- cern that a developer might foist off onto the City totally unacceptable land which would ultimately become a fire and safety problem. He felt the City should give serious consideration to the offer now before them and the opportunity it afforded the City to acquire park land. MOVED by Rice, seconded by Drohan, that this matter be referred to an ad hoc committee to develop a report, including (1) whether the City could and should incorporate conditions as part of the rezoning itself or whether it should defer them for the later stages including design review; (2) what, if any, steps the City would take in solution of the erosion problem; (3) if one of the solutions to the erosion problem were to be the construction of the Porto Marino extension, what route that extension would take. 'l11e Chair indicated his feeling that consideration of Porto Marino could come laterj that the offer of the developer should be accepted and that the City could solve some of the drainage problems. The question was called for and motion passed: AYES: COUNCILMEN: Drohan, Ellinwood, Rice NOES: COUNCILMEN: Bremer ABSENT: COUNCILMEN: Fanning The Chair named Drohan and Rice to serve as this ad hoc committee. At 9:33 P.M. a recess was taken. The Chair introduced the City's Planning Director, Mr. Wayne Moody. At 9:44 P.M. the meeting resumed. VI. CONSENT CALENDAR PROPOSED ANIMAL ORDINANCE --r bill -:!:176 of March 20, 1969 it was reported by the Assistant to the _~ty Manager that Staff had been unable to contact the County staff to discuss fully the animal control ordinance proposed for county-wide use. There being no objection, the Chair directed that the matter be tabled, to be brought before Council when Staff had received the information and was ready to report. VII. ORDINANCES, Continued ZONING OF N~HLY-ANNEXED TERRITORY, REEDLAND WOODS UNIT #2 (Tiburon Hills) Second Reading and Adoption of Ordinance No. 26 N.S. By bill !;~178 of March 12, 1969 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S. TO CLASSIFY CERTAIN PROPERTY AS R-l AND CERTAIN PROPERTY AS RO-2 came on for second reading and adoption, having passed first reading on March 10, 1969 . MOVED by Drohan, seconded by Rice, that the ordinance be read by title only; unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Rice, Bremer ,)ES: COUNCILMEN: None ni3SENT: COUNCILMEN: Fanning Title was so read. MOVED by Droha~, seconded by Rice, that Ordinance No 26 N. S be adopted; unanimously passed: Rice suggested that in adopting a resolution as proposed by the Parks and Recreation Commission that page 2, 1st paragraph, (d) be changed to read: liThe carrying capacity of 10,000 people per day needs to be recon- sidered. The impact of visitors on the landscape can result in damaging "1d irreversible changes." The Chair stated he felt the following should ...-= added: "In the event there is additional burden upon the City of Tiburon in the way of policing, parking facilities, wharfing and docking-- whatever may arise as a result of commercialism of Angel Island--such burden must be compensated for to the City by the state of California." Ellinwood felt a sentence should be added: "No overnight facilities should be included in the preliminary plan." Ellinwood suggested that the matter be put over to the April 7th meeting, by which time a new text and map would have been presented by the state incorporating the substantial revisions made to the plan since July of 1968. She stated this would still permit the City to convey its position to the Board of Supervisors, as promised, by the time the state Parks' Department meets at Civic Center on April 11th. Ellman suggested that a representative of the City be present at the latter meeting. llinwood noted the Audubon Society has recommended complete rejection of the commercialism evident in the plan, feeling that the large numbers of visitors are attracted to the island because of the lack-of development She felt the City's position for "non-developmentll should be stated even more strongly than in the Commission's resolution. Drohan referred to the Marin Conservation League's report and agreed with their recommendation that concessions be eliminated. By bill ~187 of March 20, 1969 the Parks and Recreation Commission con- veyed their resolution commenting on the state's preliminary development plan for Angel Island. The resolution was presented by the Commission's Chairman, Dr. George Ellman ANGEL ISLAND STATE PARK MASTER PLAN AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN VIII Drohan, None Fanning RESOLUTIONS Ellinwood, Rice, Bremer Question on The Chair directed that clerical correction be made in Section 13-10-2, page 2, paragraph 2, so as to read: "Additions and accessory buildings incidental te etAep-tAaR a Fes~eeRt~al building existing on the lot..." the motion was called for and unanimously passed ')VED by Rice, seconded by Drohan, that Ordinance No 27 N .S be adopted Title was so read by Rice AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None Fanning MOVED only; Ellinwood, by Rice, seconded by Drohan, unanimously passed: Rice, Bremer that the ordinance be read by tit~ Rice pointed out that corrections made at first reading inadvertently altered the intent as to Section 13-10-2. The City Attorney noted also that the year "1969" should be inserted following the date "March 24" where it appears on pages 1 and 2. DY bill #171 of March 14, 1969 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING THE TIBURON CITY CODE, PROVIDING FOR THE DEDICA- TION AND IMPROVEMENT OF STREETS AS A CONDITION OF ISSUANCE OF BUILDING PERMITS FOR CERTAIN PARCELS OF LAND came on for second reading and adop- tion, having passed first reading as amended on March 10, 1969. ROAD DEDICATION AND IMPROVEMENTS REQUIRED FOR ISSUANCE OF BUILDING PERMITS Second Reading and Adoption of Ordinance No. 27 N.S. AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None Fanning City Council Minutes #165 Ellinwood, -5- Rice, Bremer March 24, 1969 Mr. Joseph E. Sheeks, attorney representing Clear View Cable Systems, -'ras recognized and stated this was not a merger but a reorganizat ion in mich the same people would be doing the same jobs but the franchise would now be operated as a wholly-owned subsidiary. The resolution was thereupon corrected to reflect "reorganizationll for 'merger" where it appeared in paragraph (2). It was the sense of the Council that the following paragraph be inserted in the proposed resolution, placing the word l1andll at the end of the last line, 3rd paragraph, and adding: lhv,THEREAS, assurances have been received from Clear View Cable Systems, Inc. by their letters of March 14 and 19, 1969, and CBS-TV letter of March 14, 1969 that prior commitments as to rates and extension of service will be met" NOW, THEREFORE... By bill #186 of March 19, 1969 correspondence received from Clear View Cable Systems, Inc. and CBS-TV was put before the Council in which the City's consent was sought to the acquisition by CBS-TV of Clear View Cable Systems, Inc., the holder of a cable TV franchise from the City CONSENT TO ACQUISITION OF CLEAR VI~I Resolution No. 234 ,YES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None Fanning CABLE SYSTEMS BY CBS-TV Ellinwood, Rice, Bremer Question on the motion was called for and unanimously passed In of answer to Drohan's question, the City land acquisition for this project was Engineer stated that the extent not yet known. Mr MOVED by Rice, seconded by Ellinwood, that the sum of $3,250 be allocated from Gas Tax funds, and a capital improvement project be established for the realignment of Paradise Drive from Mar West to Solano street; and that these funds be provided for the preliminary project engineering, including aerial topographic maps, precise right-of-way survey, preliminary design and soils work. David Teather was recognized and spoke in favor of the project y bill f122 of March 18, 1969 the City Engineer reported his estirrates ~or engineering a project to realign Paradise Drive and provide a sidewalk from Elephant Rock would be $2,050 to take the sidewalk to the stone tower or $3,250 to take it to Solano street. The Public Services Committee re- commended assigning a high priority to the project and suggested that the sidewalk be extended to Solano Street. CONSTRUCTION OF SID&IALK ON PARADISE DRIVE Staff distributed copies of AB 711, the bill introduced Legislature to create a Bay Area regional organization. in the State BAY AREA REGIONAL GOVERNMENT The Chair also directed that this noted Ellinwood's request that it ( BA RO ) matter be continued to April 14th, and be placed first under "Minute Orders". MARIN HUMAN RIGHTS COMMISSION Because of the late hour, the Chair directed that this to the meeting of April 14th. matter be continued CONTRIBUTION TO COUNTY DISPLAY AT STATE FAIR IX Thereupon the Chair directed the matter continued to April 7th, and assigned to Ellinwood and Drohan the task of drafting a resolution en- compassing the points raised during the preceding discussion. The City Manager additionally suggested the committee might consider including language requesting that the state's planning be comprehensive enough to take into account the effect and costs to the mainland jurisdiction /' '1e development they propose on the island MINUTE ORDERS for City Council Minutes ,~165 -6- March 24, 1969 City Council Minutes #165 -7- March 24, 1969 MOVED by Rice, seconded by Drohan, that Resolution No. 234 be adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON CONSENTING TO TRANSFER OR ASSIGNMENT OF CORPORATE STOCK CONSTITUTING CONTROLLING INTEREST IN COMMUNITY ANTENNA TELEVISION FRANCHISE HOLDER; unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Rice, Bremer 'OES: COUNCILMEN: None ABSENT: COUNCILMEN: Fanning ANNUAL REVIE\~ OF MASTER SALARY PLAN By bill (-188 of March 20, 1969 the Master Salary Plan was presented for annual review as required by the Municipal Code. The City Manager recom- mended amendment by adding ranges 34 and 35 to expand the range of the Planning Director's salary to a top of $1,206, and addition of a schedule for educational subsidies for employees which would allow employees to participate in training or educational programs or courses provided funds were budgeted. MOVED by Bremer, seconded by Drohan, that the Master Salary Plan be adopted, with the recommendations made by the City Manager; unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Fanning x. REPORTS TREASURER, CITY MANAGER - Monthly Cash Flow statement URBAN DEVELOPMENT - February DEPARTMENT OF PUBLIC 'i:fORKS - February MOVED by Drohan, seconded by Rice, and unanimously passed that the above subject reports be accepted. REGISTER OF CLAIMS NO. 56 MOVED by Ric e, seconded by Drohan, that Register of Claims No. 56 be accepted; unanimously passed. XI. QUESTIONS petaluma Mansion for Use as Tiburon City Hall: .Rice reported that Mr. John Clark had abandoned his idea proposing to transport a victorian-era mansion from Petaluma to Tiburon for use as a city hall. U'1rin Municipal Hater District Study: Ellinwood requested copy ~the study ~cently completed by the district on recreational uses of their lands. Planning Director: Ellinwood stated she assumed the new Planning Director would participate in the reorganization of work space to provide him an office, and the City Manager confirmed this was intended. Marinfo: Ellinwood commented on the County Planning Department's new statistical booklet, "Marinfotl and suggested that the City subscribe, which the City Manager stated had already been accomplished. Correspondence re Use of Private Parking Lot: Letter received from a Petaluma visitor concerning the privately-operated downtown parking lot was given to the City Manager for response. No-parking along Paradise Drive: The Chair suggested that the Public Services Committee was free to undertake whatever study they wished with regard to the problem of maintaining the "no parking" regulations along Paradise Drive. City-County Planning Council: Ellinwood stated she had prepared a written eport summarizing that council's meeting on the subject of annexations and L""lanning. The Chair directed that this be placed on the agenda of the next regular meeting, under "Reports II . Inventory of Downtown parking Spaces, Zelinsky: Ellinwood stated that she and the Assistant to the City Manager were in substantial agreement--within a space or two--as to the parking spaces of Zelinsky-owned property, and there were between 40 and 50 spaces presently unassigned. Noting that the MAYO 1969 Approved by the City Council on At 11 April :21 7, P.M. 1969 , the Chair declared the meeting adjourned to 8:00 P at the Del Mar School .M on XII Demaurex Parking Lot Application: The City Attorney reported that no urther progress hao been made in disposing of the legal requirements necessary prior to granting the requested application to operate a parking lot on this downtown property. ADJOURNMENT Planning Commission Vacancy: At Ellinwood's request for an Executive Session on this subject, the Chair stated that he would schedule this for April 7th, at which time an Executive Session would be held on the matter of filling the current Planning Commission vacancy Nominations for Senior Citizen's the Marin Senior Citizen's Award Coordinating Council. , Award: The Chair solicited nominations sponsored by the Marin Senior Citizens for No.1-II Main street plan will be on the April 14th agenda, she asked whether this data and the complexities of off-street parking might not be given prompt conslderation as related to the parking requirements of this plan. Rice stated he was working on a tentative report on parking. The Chair stated that as far as the subject plan was concerned, the matter must r~\ resolved at the Planning Commission level where the precise plan will be L .rd. Mr. John Luc was recognized and asked whether the owner, Mr. Zelin- sky, had been kept apprised of the results of the parking inventory figures Staff advised that while separate meetings had been held, Mr. Zelinsky had been advised and it had been the intention for the owner, Ellinwood and the Assistant to the City Manager to meet on this subject. Ci~y Council Minutes .#165 -8- March 24, 1969 the proposed plan general use trail path, or to estub To establish consists of a and protect network on the of footpaths, as It is expressly not (see pp. 5-6 of plan) lish a network of such Tiburon ridge a trrrils defined on page our intent to o\yer tne ridge magnitude that B.l prov ide , or it a becomes system 7 , "t-lhich of for a bridle 1) Ob;ective ~f the Plan The objective of the Tiburon Trails system is two-fold a) In returning the plan to specific guidelines for plan. Those guidelines ment Committee as follows Parks that Commission are recommended & Recreation, the Council should to follow in further to the Council by the set some developing the Lands & Develop- 3- The Council should, therefore, return the proposal to the Parks & Recreation Commission with instructions to move the plan to the implementation study phase 2- the what, raised City Council in effect will know the trail precisely line would what it is represent being asked to approve in terms of the qeestions b) the corne of the public, which has to the Council plan as they are found can be being its voice only since the proposed plan has allowed to express itself on the specifics and completed a) On the best interests to the adopting contrary, the Lands of the City that plan so that & Development Committee the implementation believes it to be phase be completed i.n the prior The Committee County of the can find no valid reason,. including our for adopting the proposed Tiburon Trails Plan implementation phase, which is that portion of specifics of the plan are worked out contract with the prior to completion the study where are a number of involved in the Trails Plan. Some in the County's proposal itself. Others Council members. have yet to be decided upon. size of the trails, the concern of safety, liability City, police surveillance, sanitation lighting, desirability of bridle paths, acquisition procedures, and where the emphasis should be placed during the implementation phase of the study. In view of-both number and the importance of these issues, the COillmittee believes to amend the General Plan of the City by before a clearer and more detailed would be premature and not in the picture of best interests the that for the City Council incorporating a specific trails that system has been of the public been They of the system, developed There posed subsidiary but of these issues have were raised by various include the issues raised Many 1- The Lands Tiburon Trails Plan, Recreation Commission, the reviewed the resolution of well as the qualifications we have come to the & Development has met with important Committee has thoroughly the Trail representatives of City staff and our planning consultant the Planning Commission approving the noted by the Commission. As a result following conclusions pro- reviewed the proposed the Parks and have also Plan, as review, We Trails of this TIBURON TRAILS PROPOSAL STATUS REPORT page 2 in effect the Tiburon branch of. the County Trails System 2) To establish and protect a promena.de network, including footpaths of convenience and cycle lanes in the Old Tiburon area, downtown, and wherever feasible along our shoreline as described in the plan All considerations in the implementat~on study phase relating to the establishment of specific plans should support these obiectives. b) Maior Emphasis in Implementation Phase Because of the City's program for the acquisition of the railroad right- of-way, and the prospects for what will hopefully be early success, major emphasis during the implementation study phase should be given to the lay-out and planning of a waterfront strip park with a bicycle path and pedestrian trail along that railroad right-of-way. While the ridge net- work is recognized as important, it is of lower priority in terms of open space planning and financing than the railroad right-of-way. c) Flexibility in Alignment of Ridge Footpaths Since most of the trail system will run through large, currently unsub- divided pieces of property, the alignment map should show where the footpath would enter and leave a piece of property, leaving the in-between for determination by on-property site planning with the Parks & Recreation Commission at the time of subdivision. In this manner, the open-space provisions of the Subdivision Ordi~ance can be utilized without appearing to legislate land-owners out of prime building sites, and continuity of the trail is assured. The Lands & Development Committee believes that this recommendation will move the plan along speedily, and will allow the public to participate more fully in its final development. The Committee recommends that its report be endorsed by the City Council, and forwarded to the Parks & Recreation Commission. The Committe further moves that a public hearing be set for the next Council meeting to debate the merits of the Committee's recommendation