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HomeMy WebLinkAboutTC Min 1968 (January thru June) r.1inutes #132 CITY COUNCIL 8 January 1968 CITY OF TIBURON I. CALL TO ORDER , '[he J:~egular meeting of the City Council, City of Tiburon, State of Califor- '2; was called to order at 8:13 P.M. on January 8, 1968 in the City Hall 00uncil Chambers by Councilman William R. Bremer. II. ROLL CALL PRESENT: COUNCILMEN: Bremer, Drohan (8:14 P.M.), Fanning, Hoffmire (8:14 P.M.), Strawbridge ABSENT: COUNCILr\1EN: None EX OFFICIO: Lawrence D. Rose, City Manager Richard H. Breiner, Deputy City Attorney Phil V. Scott, Development Administrator Ray W. Foreaker, Jr. , City Engineer Louis Brunini, Superintendent of Public Works Samuel Shapero, City Treasurer III. APPROVAL OF MINUTES ~10VEU by Strawbridge, seconded by Fanning, that Minutes #131 for December 1967 and Minutes #127 for October 10, 1967 be approved as submitted; ~( 11aously passed e .... 'l.J.le Chnir "Tas then assumed by Mayor John S. Hoffmire, Jr. IV. HEARINGS ~ROPOSED ZONE CHANGE, PROPERTY ON SOUTH SIDE OF TIBURON BLVD. VICINITY OF REED RANCH ROAD - BUCKlE'S PASTURE Pet~r Valentine, Applicant By Agenda Bill 5 of December 19, 1967, the Lands and Development Com- I::tttee reported the Planning Commission on December 4, 1967 had recommen- ~sd a c~ange of zone from A-2 to PD for a triangular parcel located on Tiburon Boulevard near Reed Ranch Road. The Chair declared the public hearing open. Drohan reported that because the parcel had been the subject of much dis- cussion during zoning ordinance hearings, he recommended that testimony be given and the matter then referred to committee for further study. r r';lr. Norman Gilroy, architect representing applicant Peter Valentine, was recognized stating that the PD zone was the.only means by which the develop~ent plan proposed could be considered, since a dog kennel was the only permitted, feasible use now allowed the property under its A-2 zone~ and applicant hopes to construct a 3-building complex housing profession- al offices~ a medical clinic and a veterinary clinic. In view of the time elapsed since first making application for a use permit, Mr. Gilroy asked that a decision, if possible, be made at this time concerning the zoning. Drohan asked if all pertinent information was now before the Council. The City Manager replied that the Council might take action to acknowledge the report of the Planning Commission on the matter, as contained in the minutes of the meeting at which the application was heard. r.10VED by Drohan, seconded by Fanning, that the Council accept Planning Co~~ission Minutes #110 for 12/4/67 and Board of Adjustments Minutes #17 for 11/6/67 as a report to the Council in the matter of rezoning the described parcel; unanimously passed: 11 YES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffm1re, Strawbridge KOESL CO Ul-JC ILMEN : None ~ ..... ABSENT: COUNCILI~EN : None Mrs. Audrey Ward was recognized, speaking in behalf of the application and stating the sale of this property to the applicant was conditioned upon favorable action by the City as to the property's use. foIl" Fred Hannahs 'l;IaS llecagnized stating the owner was advised by the By Agenda Bill 6 of December 19, 1967, the Lands and Development Com- mittee put before the Council appeal from a decision of the Board of APPEAL FROM DECISION OF BOARD OF ADJUSTMENTS ON BELVEDERE LAND COMPANY PROPERTY LOCATED AT CORNER BEACH ROAD AND MAIN STREET OF I\. short recess In answer to the Chair's request, Drohan stated the Committee would meet and then confer also with the developer's representative. Mr. Gilroy asked if drafted language for an ordinance amendment could not be ready for presentation at the next meeting, should the Council act in favor of the change of zone. The Chair replied such draft could be prepared. was taken The meeting reconvened at 9:40 P.M ABSENT COUNCILMEN None NOES COUNCILMEN None AYES MOVED by Drohan, seconded by Fanning, that zone change under advisement and refer the Development Committee for study and COUNCILMEN Breme r, Drohan, the City Council take the matter to the Lands and recommendation; unanimously passed Fanning, Hoffmire, strawbridge Mr. Rampton W. Harvey was recognized stating that the Planning Commission had felt that while creation of this parcel was unfortunate, the owner had a right to its use. He asked that the matter of payment of damages be affirmed, as testimony at the Commission's hearing had indicated none was paid. He felt the matter should be referred to committee for study. In answer to question posed by Mrs. that she and her husband had filled to a drainage problem. Watson Haarbauer, Mrs. Ward replied the open creek four years ago due Mr. Gilroy was recognized and stated his willingness to meet with the RPOA representatives to arrive at a scheme which would provide a compati- ble use. Mr. Allan Thompson, architect and Chairman of the RPOA Architectural Committee, was recognized stating he felt this change would be deemed spot zoning; that rezoning to PD would be inconsistent with the intent of that zone, which he felt was designed primarily for the downtown area with its mixture of uses; and that a master plan for this site should include all of Blackie's Pasture. He also noted that the property could be sUbsequently developed by someone other than the present applicant. Mr. Tayer was again recognized stating it was RPOA's position that no amendment should be considered now since the spirit of the zoning ordi- nance would suggest that once zoning was established, at least one year should elapse before further consideration should be given to a change, unless conditions were substantially changed. He added that abandonment by the railroad might give impetus to further attention by the Parks and Recreation Commission to the use of this area for a civic center- park complex. He asked that the request be rejected and the zone not be changed. Mr. J. B. McGuire, 12 East Terrace, was recognized, referring to his letter to the Council of January 8, 1968 which urged rejection of the rezoning on the basis the intended use did not fall within the cultural- recreational use designated for the Blackie's Pasture area by Sketch Plan 1990; that specific zoning for a parcel of this small size might be termed "spot zoning;' that because of a $17,750 award of damages to a previous owner, the present owner could not be damaged by denial since the price he paid must have taken the severance into account. Mr. Gilroy repeated this parcel was sold as one of useful size, and the present owner had a leral right to use it. Mr. Donald Tayer, President of the Reedlands Property Owners Association, was recognized and asked if some compensation had not been paid. Mr. Gilroy replied he understood damages were paid prior to a highway going through, or prior to acquisition. County Planning Commission some years ago to seek recourse from the State because the highway's condemnation had destroyed the usefulness of this parcel. Mr. Gilroy responded by reading a list of uses then permitted in the A-2 zone for the property Minutes #132-City Council -2- 8 January 1968 The Chair declared the public hearing closed ABSENT COUNCILMEN None NOES COUNCILMEN Strawbridge AYES COUNCILMEN Bremer, Drohan, Fanning, HOffmire Question on Mro Fred Hannahs was recognized suggesting the Belvedere Planning Com- mission, as a matter of courtesy, should have received word of this amended plan. Mr. Davld Allen replied he had informally made at least two commissioners aware of the proposed revisions. the motion was called for; motJictl passed The Chair stated he felt the plan was an improvement over the original, providing more open space. Strawbridge stated the Committee should look at elevation drawings and visualize the effect of the 30' height of a building in this location, and he would, therefore, not vote for the motion. Fanning stated he would tend to agree, but the presently-allowed plan granted a 36f height, which the owner was free to construct under now. Drohan stated that while he agreed a review of building heights at the waterfront should be made, he did not believe that approving the amended plan would establish a precedent MOVED by Fanning; of Adjustments be seconded by Hoffmire, that the decision of the upheld in this matter. Board Mr In answer to Drohanfs question as to whether these was amendment to a use permit or a Inaster plan, the City Manager confirmed that since the plan had been heard under interim zoning, it had been approved as a use permit, buttressed by the master plan. The Deputy City Attorney added that had it not been for the interim zoning, approval would have been for the master plan and amendments would have come to the entire Planning Commission for approvalG Fred Zelinsky was recognized speaking in support of the amended plan Fanning noted the applicant, by approval in 1966~ already had permission to erect a full 3-story building on the site which would be 5 higher than the proposed structure. Mr.. Allan Steinau Has recognized, architect for the developer, and con- firmed the overall height of the building now proposed would be under 301; that the building would have the same architectural treatment as other Cove build~~ngs of the same owner.. He then stated that the TPAC letter of January 5~ 1968, objecting to the approval of this plan, was just this date pe~elved in City offices, the timing contributing to further delay of the project for which some contracts had already been let" Mr.. Jerry Coles was recognized expressing concern about building height, and stating his main objection was to the practice of allowing 30' structures at the ~3terfront and thought this policy should be stated now for the benefit of' future development. Mr.. David Allen, Belvedere Land Company, was recognized revisions were si~uply refinements, and improvements, to plan and he felt the Boardfs decision should be upheld. stating the the previous Mr. Don Davis) #1 Dellevue, was recognized asking if there was not a requirement that 8.djocent owners of such new development be notified Drohan explained St2ff had not felt it necessary to return this plan to the Belved8p0 Plunning Commission since the changes were more restric- tive than thos~ originally before that Commission. The Chair Drohan introduced a petition dated December 3, 1967, Tiburon residents who protested the Board's decision ment to the development plans. declared the public hearing open signed by six in approving amend- Minutes #132-City Council -3- 8 January 1968 Adjustments on November 20, 1967 approving an amendment to a use permit previously granted to Belvedere Land Company for development of proper- ty on Beach Road between Main street and Juanita Lane. It was the Development Administrator1s recommendation that the Board's decision be upheld since amendments were superior to the plan previously approved, both as to siting and lowering of height of structures. ~ Agenda Bill 15 of January 3, 1968, the Public Servlces Committee stated they had reviewed the protest of Mr. Milton McDonogh, dba Tiburon-Angel Island Tours, to the issuance to Harbor Carriers, Inc. of a certificate permitting them to operate ferry service between San Francisco and Sausalito and Tiburon and Angel Island. Letters of Mr. McDonogh's attorney; Fe I~ Ford, dated 11/8 and 11/9/67 had been pre- viously submitted~ The report noted the matter was set for public CERTIFICATE OF PUBLIC CONVENIENCE PBRRY SERVICE, HARBOR CARRIERS, INC ABSENT AYES NOES COUNCILMEN COUNCILl\lEN COUNCILMEN None Bremer None strawbridge Drohan, MOVED by Drohan, seconded by Fanning, appeal under advisement and refer the ment Committee for study and Fanning, that the City Council take the matter to the Lands and Develop- recommendation; unanimously passed Hoffmire, Mre Al Sennett waR recognized stating that all of the bwnerrs holdings in this area should be taken into account for PD development rather than giving this piecemeal approval. Miss Anne Ellinwood was recognized stating she believed variances were inadvertently, Gnd erroneously, granted by the Board of Design Review in approving such alterations by allowing a rear yard less than the 8 minimum of the PA zone, on which parking requirements had been based, and by allowing an overhang of some 5f or 6' extending almost to the western property line; finally, she commented on the importance of "overhead" aesthetics to surrounding hillside properties, in relation the changes now proposed for this building. to Mr. Mro Allan Steinau, architect for the owner, was recognized stating the laterations and improvements would be made step by step. Bremer asked whether the Commission was advised this was a step-type program, and Mro Steinau replied the Commission had first approved an addition to Varney's Hardware and later additions to the office portion of the building so he believed they were. In answer to Bremerrs question as to time schedule, Mr~ Zelinsky replied one step would follow another, with completion scheduled for June. Steinau stated building coverage would not exceed 40% Mr~ Francls Slavich was recognized stating this seemed to be a piecemeal approach to a total problem; that additions would absorb practically all the ground area; and the overhang now permitted would make Juanita Lane a narrow passage~~ayo The Chair dsclared the public Drohan also referred to letter addressed by TPAC dated January 6, 1968 requesting that any changes to this building be considered in light of downtown development and a master plan affecting all nearby properties, rather than on a piecemeal basis. hearing open By Agenda Bill 4 of December 19, 1967, the Lands and Development Com- mittee reported that on November 21, 1967, the Board of Design Review had granted architectural approval for an addition to the "Maritime" building; owned by IvJro Fred Zelinsky, at 1640 Tiburon Boulevard. On December 5, 1967J an appeal signed by 5 Tiburon citizens had been re- ceived; and it iHas the Development Administrator's recommendation that the Board's decision be upheld, in the absence of specific objections thereto set forth in the petition for appeal. Drohan suggested that testimony be taken and the matter referred to committee for recommenda- tion" APPEAL OF ACTION OF BOARD OF DESIGN REVIEW IN GRANTING ARCHITECTURAL APPROVAL TO MARITIME BUILDING ADDITION, 1640 TIBURON BLVD Fanning suggested Staff be watchful in notifying property owners adjoin- ing the City's boundaries of developments that might be occurring on the Tiburon side of the County or Belvedere boundary. Drohan suggested the Belvedere Planning Commission should be advised of the Council's action. The Chair added such notice should also include reference to Mrc David Allen's informal conversations with their Commissioners. Minutes #132-City Council -4- 8 January 1968 strawbridge stated he felt the City had an obligation to protect and defend its citizens and taxpayers; that if the Council didn't support Mr McDonogh he might lose his business; and he felt the Council should sub- mit a definite recommendation to the PUC on the matter. Drohan stated hs felt essentially the same~ and would favor Strawbridge's previous motion, but would add that the circulation of the type proposed by Harbor Carriers would compound the ~lready existing parking problem, with which Tiburon would be unable to cope. hearing The Chair declared the public Mr. Elmo de Martini was recognized and called attention to the present parking problem and the possibility, with additional parking, that emergency vehicles will not be able to get through such traffic. He also expressed the fear that Tiburon would become the ultimate Angel Island terminal. closed as m for pe The Chair referred to a meeting held 1-1/2 years ago when the City ad- vised the Division of Beaches and Parks that they did not wish to serve a ajor tenninal for Angel Island~ but would consider supply landing rmanent staff based on the Island. a Mr. Rampton Harvey was recognized stating that the City should take this opportunity to express itself as being unwilling to become a port of embar'~ation for Angel Island, other than in a limited way, but Harbor Carriers should be encouraged to increase their service to Tiburon by water, bringing a desirable visitor to the city without adding to the parking prOblem Mrs. Jackie Parnell was recognized and stated the be to encourage major Angel Island traffic to come urban centers, without channeling through Tiburon. Council policy directly from should the Mre Milton McDonogh, operator of Tiburon-Angel Island Tours, was recog- nized, stating he had operated the Angel ISland ferry for 7 or 8 years, paid taxes in Marin for 35 years, and his grandfather before that, and now that his business was going along pretty well, another carrier with capacity to handle 300 to 400 people per trip, charging 1/3rd less, wanted to compete with his service and he felt this would put him out of business. He noted traffic to Angel ISland is bound to increase, and the parking problem is still not resolved. He suggested that a representative of the City might attend the PUC hearing. Mr. Fred Mantegani was recognized and called attention to the acute park- ing problem that will arise with additional service. Mr. Bedient replied the service would not add more passengers and traffic since their plan was merely to fill the leg of the operation they now conduct and take only available passengers from San Francisco to Angel Island and Tiburon. Mr. Fred Zelinsky was recognized stating he did not feel the additional service of Harbor Carriers would be detrimental to Mr. McDonogh's business Mr. Leslie Bedient, General Manager of Harbor Tours, Inc., was recognized and referred to their present commute service as well as weekend service! which has brought thousands to the Tiburon restaurants and shops during the last year. He stated they wanted to expand their service for trans- portation to Tiburon and Angel Island, and agreed this was not a matter on which the City should take a position, suggesting it be tabled. The Chair declared the public hearing open Bremer explained his feeling that the pue was the proper body to make a determination of need, bearing in mind the needs of the entire Bay Area, and he felt the City had no jurisdiction in the matter. strawbridge's recommendation was in support of Mr. McDonogh's protest as it demonstrated the adequacy of present service and the capacity of Mr. McDonagh to handle expected increases, the need for further services by Harbor Carriers not seeming to have been demonstrated. It was Bremer's recommendation that the City express its confidence in the service now rendered by Mr. McDonogh, stating that "no additional service would seem appropriate; however, this action does not constitute a protest against or adverse to the interest of Harbor Carriers." hearing before Minutes #132 City the Public Council -5- utilities Commission on January 8 January 1968 18, 1968 Minutes lL132 City Council -6- 8 January 1968 Motion by Strawbridge, seconded by Drohan, to the effect just stated by Drohan was duly withdrawn following additional debate. MGVED by Drohan, seconded by Strawbridge, that the City express to.the Public Utilities Commission, in re Application No. 49712, our confl- dence in the adequacy, competency and efficiency of the service being provided now by Mr. Milton McDonagh, dba Tiburon-Angel Island Tours; that from the standpoint of the City of Tiburon, no additional service would seem appropriate; and that increased circulation of the type proposed by Harbor Carriers will further compound an existing parking problem in our downtown area with which the City will be unable to cope. Fanning offered an amendment, seconded by Bremer, adding: that this action does not constitute a protest against or adverse to the interest of Harbor Carriers. Amendment duly withdrawn. MOTION AMENDED by Strawbridge, seconded by Bremer, adding: that this position does not reflect on the valuable service being furnished by Harbor Carriers in other respects; amendment unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Question on the motion, as amended, was called for and unanimously passed: AYES: COUNCILMEN: Breme r, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None V. ORDINANCE CODE OF THE CITY OF TIBURON Public Hearing and Adoption Ordinance No.1 N.S. By Agenda Bill 7 of December 21, 1967, the .Administration and Finance Committee presented an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE CITY OF TIBURON, CALIFORNIA, ENTITLED ffTHE CODE OF THE CITY OF TIBURON, CALIFORNIA" PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN WITH CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES HEREINAFTER SET OUT. The report explained such ordinance was now before the Council for hearing and adoption as Ordinance No.1 N.S. (new series), repre- senting a compilation and codification of the first 83 ordinances adopted by the City through December 11, 1967. The Chair declared the hearing open. MOVED by Strawbridge, seconded by Drohan, that Ordinance No. 1 N"S. be read by title only; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None MOVED by Strawbridge, seconded by Fanning, that Ordinance No. 1 N.S. be adopted, having been read by title only. The Chair declared the public hearing closed, and question on fue motion was called for; motion unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Minu tes -fl32 C i tJ C:OLF1C i1 -7- 8 January 1968 VI RESOLUTIONS - EXAMINATION OF SALES AND USE TAX ACCOUNTS Resolutlon No. 183 By Agenda Bill 10; the City Manager recommended that a resolution be adopted per'mitting him or his representative to audit from time to time records of the Board of Equalization pertaining to sales and use tax accounts to confirm existence of proper accounts and payments made to the CitYe MOVED by Bremer: seconded by Fanning, that Resolution No. 183 be adopted.> A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF TIBURON AUTHORIZING EXAMINATION OF SALES AND USE TAX ACCOUNTS; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNC :CL~'IEN: None ABSENT: COUNCILNEN: None A PPROV AL OF FINAL IlIA P- MARINERO LOTS 2, 3, 4, 5, 6 Resolution No ~ 184 By Agenda Bill 13 of January 2, 1968, the City Engineer stated the City's requirements had been met and he now recommended that Final Map for Marinero Lot3 2J 3.:- 4, 5, and 6 bpaccepted by the City. The Deputy City AtJcor'ney stated that if the map conformed to the tentative map, he would concur~ MOVED by Fanning, Dsconded by Bremer, that Resolution No. 184 be adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ACCEPTING FINAL MAP OF "A RESUBDIVISION OF LOTS 2, 3, 4, 5 and 6, MAP OF MARINERO. II; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None VII. MINUTE ORDERS HOURS ?OR POLLS TO REMAIN OPEN General Municipal Election, April 9, 1968 MOVED by Hoffmire; seconded by Strawbridge, that the pools for the General Municipal Election on Tuesday, April 9, 0968 shall remain open from 7:00 A.M~ to 8:00 P.M.; unanimously passed~ A YES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILrvIEN: None ABSENT: COUNCILMEN: None AWARD OF BID - DRAINAGE AND SIDEWALK IMPROVEMENTS TIBURON BOULEVARD, PROJECT 68-p-13 BY Agenda Bill 14 of January 2, 1968, the City Engineer announced that as advertiseds bids were opened this date for Project 68-p-13 for drainage and sidewalk improvements to Tiburon Boulevard. After correc- ting the bid of Ec A. Forde to $8,443.40, it appeared the low bidder was now Ghilotti Bros~; Inc., and he recommended the contract be awarded to that firm, whose bid was $7 ,934.90. MOVED by Bremer, seconded by Fanning, that the contract be awarded to Ghilott i Bros n -' Inc~J and that the Mayor be authorized to execute said contract" The City Engineer confirmed this estimate would take the sidewalk only to the real estate office; and the City Manager would determine if s~fficient support would be received from property owners to take the sldewalk further. Drohan emphasized the Council's interest in seeing the sidewalk continued and asked for a report at the next meeting. Minutes #132-City Council -8- 8 January, 1968 The City Engineer estimated the cost of extension, based on the unit price bid, would be approxlmately $1,200. Miss Anne Ellinwood was recognized and asked if the project would solve the culvert problem, on which the Council had acted to require the property owner adjoining the firehouse to make corrections in his culverts. The Chair replied he could give no answer to the question at this time. Question on the motion was called f"or and unanimously passed: A YES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None VIII. APPEAL APPLICATION FOR USE PERMIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE BETWEEN TIBURON BOULEVARD AND MAR WEST, Weinberg & Demaurex, et al By Agenda Bill 3 of December 27, 1967, the Chair noted continuance of this appeal since January 17, 1967 and at the request of Appellants, again directed the matter continued. IX. REPORTS IMPROVEMENTS TO TIBURON BOULEVARD CORPORATION YARD TIBURON POLICE AND SHERIFF STATION - December and Annual SUPERINTENDENT OF PUBLIC WORKS - November By direction of the Chair, the subject reports were continued to the next regular meeting. x. EXTRAORDINARY BUSINESS RESIGNATION OF COUNCILMAN The Chair regretfully received and read letter of Gordon W. Strawbridge, dated January 8, 1968, submitting his resignation as Councilman as of this date and time. MOVED by Drohan, seconded by Fanning, that the Council accept with reluctance the resignation of Gordon W. Strawbridge as Councilman; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Chair noted that at a dinner honoring Strawbridge on January 5, 1968 the Councilmen and Commissioners, as well as staff, had had an opportunity to express their appreciation to Mr. Strawbridge for his services to the City; and that at the beginning of the next meeting, he would read a letter addressed by Mr. Strawbridge to the Council. MOVED by Fanning, seconded by Drohan, that Mr. Rampton W. Harvey be appointed to fill the vacancy created by Strawbridge's resignation; unanimously passed: A YES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire NOES: COUNCILMEN: None A B~Er\iT : COUNCILMEN: None SEATING OF NEW COUNCILMAN Mr. Rampton W~ Harvey then came forward and was administered the oath Minutes #132 City Council -9- 8 January 1968 of office by the City Clerk-City Manager~ and thereupon was duly seated as Councilman~ filling the term of Gordon vl. Strawbridge expiring in April~ 1968. XI. ADJOURNMENT \ At 12:41 A.M., January 9~ 1968~ the Chair declared the meeting adjourned r----- ~~ . .~._---- y Clerk Approved by the City Council on: , 1968 Minutes .#133 CITY COUNCIL 22 January 1968 CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State ,of Califor- nia, was called to order at 8:11 P.M. on January 22, 1968 in the City Hall Council Chambers by Mayor John S. Hoffmire, Jr. II. ROLL CALL PRESENT: COUNCILMEN: Bremer, Harvey, Hoffmire ABSENT: COUNCILMEN: Drohan, Fanning EX OFFICIO: Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Ray \..r. Foreaker, Jr., City Fngineer Louis Brunini, Superintendent of Public Works Russell Melquist, Assistant to City Manager Samuel Shapero, City Treasurer III. APPROVAL OF MINUTES MOVED by Bremer, seconded by Hoffmire, that Minutes P132 for the meeting of January 8, 1968 be approved as submitted; motion passed (Harvey abstain~d). TV. HEARING EL MARINERO ASSESSMENT DISTRICT NO. 1967-1 Resolution Nos. 185 through 192 Having set this date for public hearing on the formation of El Marinero Assessment District No. 1967-1, the Chair declared the hearing open and stated any persons who desired to protest such formation would now be heard. No protests were received, and the Chair declared the hearing closed. Mr. Edwin N. Ness, special bond counsel appointed by the City, was recognized and presented for adoption eight resolutions establishing certain procedures necessary to the District's formation. He stated that until the subdivision map is of record, the assessment could not be recorded and made a lien against the land. Since it was the City's policy not to approve or consider subdivision maps until the bond is posted, he asked that the subdivision map be placed before the Council at its next meeting in order to meet their plan to date the assessment district bonds as of March 2nd. It was noted the next regular meeting will fall on a hOliday. After brief discussion, the Chair confirmed the Council's agreement that the next regular meeting of the Council shall be held February 13, and if possible, the subdivision map shall be before the Council for action at that time. MOVED by Bremer, seconded by Harvey, that Resolution Nos. 185 through 192, respectively, be adopted, being: RESOLUTION DIRECTING FILING OF AN AMENDED ENGINEER'S REPORT AND AMENDED ESTIMATE OF COST IN EL MARINERO ASSESSMENT DISTRICT NO. 1967-1; RESOLUTION AUTHORIZING EXECU- TION OF AGREEMENT WITH THE SANITARY DISTRICT NO. 5 OF MARIN COUNTY; RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT \"fITH THE PACIFIC GAS & ELECTRIC ~OMPANY; RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT 1JTITH THE MARIN MUNICIPAL iJ~TATER DISTRICT; RESOLUTION AND ORDER APPROVING AMENDED ENGINEER'S REPORT, ORDERING THE CONSTRUCTION OF IMPROVEMENTS AND CONFIRMING ASSESSMENT; RESOLUTION AUTHORIZING CHANGES IN THE WORK TO BE MADE BY THE ENGINEER OF WORK; RESOLUTION OF A~TARD OF CONTRACT; and RESOLUTION AUTHORIZING SALE OF BONDS; unanimously passed: ( AYES: COUNCILMEN: Bremer, Harvey, Hoffmire NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Drohan, Fanning V. RESOLUTION RESOLUTION OF CITY OF TIBURON AUTHORIZING SIGNING AND ENDORSING OF CHECKS'AND OTHER INSTRUMENTS - Resolution No. 193 MOVED by Bremer: seconded by Harvey, that the sidewalk be constructed to the real estate office; that the drain be carried from there through to the Tiburon Lodge; that immediate communication by Staff (including City Engineer, City Manager and Committee, if necessary) be made with property owners and the desires and wishes of the property owners explored as to the sidewalk going all the way; that construction be commenced if property 01';ners desire to avoid ramping, as has been suggested; and th2t the sid8":131k be completed through to the Lodge, pro- viding the overal~ cost does not exceed the $1,200 previously estimated, of which Mr Fp2l! Z'.0J..:l.l":sky has agreed to contribute the sum of $600.00. Further problng of the subject revealed this estimate did not include the cost of providing vehicular access to the properties, or the necessary drainso Brenler stated he did not believe it was the City's responsibility to ramp up on either side of the proposed sidewalk, but felt the drains on either side, as diagrammed by the City Engineer, and the large culvert in the middle were necessary to take off the excess waters; and that it should be up to the private property owners to ramp up to the sidewalk, but they should also be informed of what the City contemplated doing. It was the City Engineer's recommendation that the extension not be accomplished as it was not believed the cost was warranted. He estimated the cost of extending the sidewalk, pro- viding added c3tch basins and ramping a continuous apron on the street side of the sidewalk in front of the extension, would be approximately $8,500, the ramping being a large part of this cost. Motion by Bremer, seconded by Hoffmire, that the Council proceed, as recommended by the City I.1anager, was duly withdrawn following extended discussion. Bremer presented Agenda Bill 17 stating the City Manager had approached affected property owners to obtain a contribution from them to permit extension of the prop0sed sidewalk from the real estate office along Tiburon Boulev2I"d to ~eiburon Lodge. Only one owner, Mr. Fred Zelinsky, had agreed to contribute, and it was recommended that Mr. 7elinsky's offer of $600 be 2ccepted; that the City Engineer be authorized to execute change orders to provide for completion of the sidewalk, Capital Improverllent Project 68-p-13; and the difference in cost between Mr. ~elinsky's contribution and the actual total cost of the sidewalk extension be tra.ncferred frorll the Contingency Fund to Capital Outlay to allow the vlorlc to be completed. The City Engineer had estimated a total of $1,200 ~culd be required to conplete the sidewalk. TIBURON BOULEVARD SIDEtrJA LIe ExrrENS ION ABSENT C 0 tJ..~ C I LriEN D:.'>ohan, Fanning NOES CO Ul'-T C ~c Lf.IEN None AYES MOVED by Bremer Victor C. Banks on the Planning CODUCIL:.'{EN seconded by Hrjrvey, that the Mayor I s appointment of to fill the term of Harvey expiring on June 24, 1968 COl:1~nission be accepted; unanimously passed Bre"ner ~ Harvey ~ Hoffmire ) By Agenda Bill 22, the Ch~1ir c.::nnounced the appointment of Mr. C. Banks~ realtor, re3~_ding at 2344 Mar East, to the Planning mission to rill the remaining term of Harvey. Victor Com- APPOINTMENT TO FILL Vi\CANCY ON PLA lJNING COIJIMISS ION VI ~TINtJTE ORDERS ABSENT C01..HJC ILlVI.2lJ Drol1nn Fanning NOES COUNCILrvlE~T l~one Harvey, AYES MOVED by Harvey, seconded by Bremer, that Resolution No. 183 be adopted, RESOLUTION OF THE CITY OF TIBURON AUTHORIZING SIGNING AND ENDORSING CHECKS AND OTHER INSTRUMENTS; unanimously passed COUNCILMEN Bremer Hoffmire By Agenda Bill 16 a new resolution, replacing the name Strawbridge, resigned, with that of Councilman Rampton placed before the Council for adoption. of \~T . Gordon Harvey , \~f . was Minutes :tt133 City Council -2- 22 January 1968 Minutes J!133 City Council -3- 22 January 1968 It was confirmed by the City Engineer that the wording of this motion would make no provision for ramping on either side of the sidewalk, and this cost would be borne by the property owners who might wish this ramping done. Following discussion, the question was called for and motion unanimously passed: AYES: COUNCILMEN: Bremer, Harvey, Hoffmire NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Drohan, Fanning A short recess was called. The meeting reconvened at 9:17 P.M. VII. APPEAL APPLICATION FOR USE PERMIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE BE~~TEEN TIBURON BLVD. AND MAR MEST Heinberg and Demaurex, et aI, Appellants ay request of the Appellants, the Chair directed this appeal continued, as has been continuously done since the appeal first came before the Council on January 17, 1967. VIII. REPORTS CORPORATION YARD SITE By Agenda Bill 9 the Chair reported a meeting had been held with the Tiburon Penirsula Club Board members to discuss use of some of their property for a corporation yard. The matter had been referred to their Planning Committee, where it now rests pending their recommendation. Bremer stated he felt the proposal by Belvedere for a joint use of a corporation yard and possible joint use of heavy equipment, as reported in addenda to agenda bill dated January 18, 1968, was worthy of addi- tional consideration. To Harvey's question as to how the Public Works Department felt about this proposal, the Superintendent replied that any joint use of heavy equip~'ent would have to be based upon an agreed hourly charge but there was some merit in joint tenancy of a corpora- tion yard. IMPROVEMENTS TO TIBURON BOULEVARD Bremer presented Agenda Bill 12, reporting that aside from a program to widen and raise Tiburon Boulevard in the general vicinity of Cove Road to Main Street, the Division of Highways had no further major improve- ments scheduled for Tiburon Boulevard; that downtown drainage must be resolved before the Division will proceed with improvements to the highway in that area; and they recommended that the City develop a definitive course of action by next summer so as not to delay the pro- posed highway improvement project beyond 1970-71. TIBURON POLICE AND SHERIFF STATION - December, 1967 and Annual Report There being no objection, the Chair accepted as submitted Tiburon Police and Sheriff Station reports for December, 1967 and the Annual Report. SUPERINTENDENT OF PUBLIC VJORKS - November and December, 1967 There being no objection, the Chair accepted as submitted reports for November ('nd December, 1967 for the Department of Public Works. REGISTER OF CLAIMS NO. 42 MOVED by Bremer, seconded by Harvey, and unanimoUSly passed that Register of Claims No. 42 be accepted: A YES: COUNCILMEN Bremer, Harvey, Hoffmire NOES: COUNCILMEN None ABSENT COUNCILMEN Drohan" Fanning Minutes !t133 -Ll- 22 January 1968 FUND RECEIPTS BY SOURCE December, and Six-Month Review There being no objection, the Chair accepted as submitted Fund Receipts by Source report for December, 1967, and Revenue Analysis, First Half of 1967-68 Fiscal Year, as provided by the Assistant to the City Manager. DEVELOPMENT ADMINISTRATOR There being no objection, monthly report for December for the Development Administrator was accepted as submitted by the Chair. IX. QUESTIONS CITY BOUNDARIES The Chair suggested that a possible adjustment of boundaries of the cities of Tiburon and Belvedere should be assigned to committee for study. He noted there were 7 residences in Tiburon which will logically belong to Belvedere once highway planning is completed, and noted the triangular piece of land now in Belvedere's limits but crossing the highway at Mar 'ltTest might be involved in a trade of property for the land on which the 7 resi- dences are located. The Chair directed the matter referred to the Lands and Development Committee. VALEN1rINE-'lt!ARD PROPERTY The Chair announced this matter, heard at the last Council meeting and continued, would appear on the February 13th Council agenda. ~PPEAL ON ALTERATIONS TO MARITIME BUILDING In discussing the fact the applicant has already received approval for making alterations to the Varney's Hardware portion of revisions to the Maritime Building, Harvey asked if an inventory of parking psaces for all Zelinsky lands has, or will be prepared by Staff. The Chair replied this had been done but could be up-dated, and he directed that such an inventory be made, in cooperatlon with the owner, Mr. Fred Zelinsky. DOWNTOWN DRAINAGE It was reported that as a result of a recent meeting with Belvedere repre- sentatives, that City's proposal for a drainage solution was now before Tiburon's r.ity Engineer for review and report. Bremer suggested this report be given f.: rst to the Public Services Committee to bring on the Council agenda when they had evaluated it. DNrSO STREET Mr. Andrew Johnston, representing Hill Haven Property Owners, was recognized and inquired when these residents could expect some consideration of their request for improvements to Diviso Street. The Chair responded the matter was under study by the Public Services Committee. LETTER OF GORDON \\1. STRA'~BRIDGE The Chair now read in full letter of Gordon \'J. Strawbridge, dated as of the effective date of his resignation from the Council on January 8, 1968, pointing up the need ,for solutions to some eleven major areas of concern to Tiburon residents. The Chair directed that copies of this "va led ic tory" be transmltted to the Council, Commissioners and City consultants. MAYORS AND COUNCILMEN'S MEETING The Chair announced Tiburon would host the February 14 meeting of Mayors and Councilmen, at which Marin's new Congressman, William Mailliard, will nake his first public appearance representing Marin. APPOINTMENT TO UNDERGROUNDING COMMITTEE The Chair announced he had again been appointed to the League of California Cities' Undergrounding Committee Minutes #133 City Council -5- 22 January 1968 X ADJOURNMENT - There being no further business, at 9:59 P.M. the Chair declared the meeting adjourned. He noted the next regular meeting of the Council would be held February 13, 1968, 8:00 P.M., City Hall Council Chambers. ~ '--- Approved by the City Council on: ;-~ 3 1968 - , <- By agenda bill dated February 6, 1968, the City Manager reported that on January 15, 1968, all owners of the Reedland Woods Unit #1 Subdivision had applied to the Local Agency Formation Commission for authority to annex their 51 parcels (23.6 acres) to the City of Tiburon. It was noted the land is contiguous to the City, connected thereto by Reed Ranch Road. LAFCO approved the application on February 1, and authorized the City Council to complete the annexation without further notice, hearing or election. By ado~tion of the resolution now before the Council, the territory could be annexed and formal proceedings completed as of the date certified copy of the resolution was filed with the Secretary of State. The City Manager stated it was his intention to ~NNEXATION OF REEDLAND Resolution No 194 WOODS UNIT #1 v The City Manager stated that when attending a recent undergrounding of utilities conference he had viewed a Westinghouse Electric Company film which he felt would be helpful for Tiburon citizens to view in connec- tion with procedures necessary to effect undergrounding of utilities in residential areas. Mr. Charles Yarborough, Westinghouse representative, presented the film. The City Manager exhibited a 43-page Staff report which had just been prepared, based on the material presented at the conference he attended. He invited representatives of neighborhood pro- perty owners associations, and other interested individuals, to obtain copies of the report from the City Hall offices, where a limited number of copies are available. . RESOLUTIONS UNDERGROUNDING OF OVERHEAD UTILITIES IV MOVED by Harvey, seconded by Fanning, 1968 meeting be approved as submitted EXTRAORDINARY BUSINESS APPROVAL OF MINUTES that Minutes unanimously '~133 for the January 22, passed. III Lawrence D. Rose, City Manager Richard H. Breiner, Deputy City Attorney Ray W. Foreaker, Jr., City Engineer Phil V. Scott, Development Administrator Louis Brunini, Superintendent of Public Works Russell Melquist, Assistant to City Manager EX OFFICIO ABSENT COUNCILMEN Drohan PRESENT COUNCILMEN ( Bremer (9 :07 p .M ), Fanning, Harvey, Hoffmire II The regular meeting of the City Council, City of Tiburon, State of Califor- nia, was called to order at 8:14 P.M. on February 13, 1968 by Mayor John S. Hoffmire, Jr. in the City Hall Council Chambers. ROLL CALL I CALL TO ORDER Minutes #134 CITY OF TIBURON CITY COUNCIL 13 February 1968 Minutes #134-City Council -2- 13 February 1968 make such filing in order that effective date of annexation might be February 16, 1968. Presented as exhibits with the resolution were a petition, fully signed by all owners, and a map of the territory to be annexed. MOVED by Fanning, seconded by Bremer, that Resolution No. 194 be adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON APPROV- ING 'I'HE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED "REED- LAND HOODS UNIT NO.1 (1968-1)" TO THE CITY OF TIBURON; unanimously passed: AYES: COUNCILIJIEN: Bremer, Fanning, Harvey, Hoffmire NOES: COUNCILMEN: None ABSENT: CO UNC ILIJIEN : Drohan EL MARINERO ASSESSp1ENT DISTRICT 1967-1 Having been advised by Mr. Ed Ness, the City's Special Counsel, that he wished to continue the matter, the Chair directed the item continued to the next regular meeting of the Council. VI. MINUTE ORDERS FINAL MAP - EL MARINERO ASSESSMENT DISTRICT It was noted that this item related to the preceding matter, and the Chair directed it continued to the next meeting. APPLICATION FOR REZONING Assessor's Parcel 55-041-08, south side of Tiburon Blvd., near Reed Ranch Road) Peter Valentine, Applicant By agenda bill No. 5 of December 19, 1967, it was noted the applicant's request for rezoning the subject property was heard by the Planning Commission on December 4, 1967, at which time the Commission recommen- ded a change of zone from A-2 to PD. The recommendation came before the Council on January 8, 1968, and the matter was referred to the Lands and Development Committee for study a?d recommendation, thus continuing the hearing to this date. Fanning presented the Committee's reasons supporting the two motions submitted in the bill, which were (1) not to change the zoning from the present A-2 and (2) to ask the Planning Commission for an immediate planning proposal for the future use of B1ackie's Pasture. He noted the Parks and Recreation Commission should also participate in such planning report. MOVED by Fanning, Seconded by Bremer, that the proposed zone change of the "Valentine property" be denied. Fanning stated that inasmuch as this was the first matter to be taken under the new procedures, he wanted to clarify the Council's intent as to giving further public hearing to the matter. He emphasized this comment was not directed solely to the present matter but also to the remaining agenda items which would be affected. He had indicated a preference for returning to the former system if a second hearing would be given a matter following the Committee's report. Bremer and Harvey Mr. was Don Tayer, recognized President of and strongly the Reedlands Property Owners Association supported the Committee's recommendations , . Mr. Don Batten, Belveron Gardens resident and temporary chairman of the reactivated Belveron Association, was recognized. He stated that in informal meetings, the Association members had indicated they did not favor a change of zone for the subject parcel. Mr. J. B. McGuire, Tiburon resident, was recognized. He stated the record should clearly show it was not the owner who was trying to develop the property, and he endorsed the second motion proposed by the Committee as he believed the property should be acquired. He stated that from his vantage point in the Reedlands, this parcel could not be considered separate from Blackie's Pasture; that if the parcel were not suitable for pedestrian access, it could not be useful for automobiles. He concluded by stating the owner was well aware of the 1956 Master Plan which had indicated a potential use as a civic center for the property Bremer asked the Deputy City Attorney whether leaving this property in A-2, in which it has been zoned for some time, would give ~ise to inverse condemnation. He replied it would not; that except for single- family and home occupations, the uses in the County and City's A-2 were essentially the same. Fanning objected to Mr. McGuire's comment that the Committee stated to change it to PD would open it to private development." Fanning noted the full context of the statement would add, "contrary to the organized plans of the City." Mr. McGuire was again recognized and referred to previous comments that the property should be zoned "p" as the 1956 Master Plan would indicate its future use as a civic center. He stated it was not legally pOSSible to thus zone this parcel for a public use to preserve it for later public acquisition. He also noted the maps showed the subject parcel to be isolated from the Blackie's Pasture proper. Mr. Norman T. Gilroy, architect and agent for applicant Peter Valentine, was recognized. He referred to his undated memorandum to the Council which emphasized that this l7,OOO-square foot parcel was not a part of Blackie's Pasture, and would not be suited for any civic uses related to a Civic Center as it is bounded on three sides by a road and is virtually inaccessible by pedestrian traffic. He then contrasted the 8-acre Blackie's Pasture area with acreages assigned by other small Northern California cities for civic center purposes, which indicated to him that 4-1/2 to 5 acres was an adequate figure for the purpose. Further, he felt uses attendant to a civic center were less desirable than those his client proposed. He added the fact this was a piece of property separate from Blackie's Pasture should be recognized; that it had virtually impossible uses applied now and under present zoning, it would be hard to believe it would ever be developed Mr. E. Edward have a Warren McGuire, San Rafael Fard, was recognized and right to respond to the attorney representing the commented he felt the public committee's recommendations. owner, Mr should stated they would be receptive to continuing issues would be expressed. Minutes Jf134 City Council -3- the hearing only 13 February if new 1968 A short recess was declared The meeting reconvened at 10:38 P .M ABSENT COUNCILMEN Drohan NOES COUNCILMEN None Bremer~ Fanning, Harvey, AYES MOVED by Fanning, seconded by Bremer, that the City Council ask the Planning Commission and Parks and Recreation Commission for an immediate proposal and recommendation on planning for the entire Blackie's Pasture areaj motion unanimously passed COUNCILMEN Hoffmire ABSENT COUNCILMEN Droha NOES COUNCILMEN None AYES COUNCILMEN Bremer, Fanning, Harvey, Hoffmire Question on the motion was called for and motion unanimously passed The Deputy City Attorney responded to Mr. Gilroy's question as to the uses allowed by reciting from the ordinance those A-2 uses. Harvey stated he had considered the matter as a Planning Commissioner but during the deliberations~ this body at no time had considered the possible effect of highway realignment to the entire road pattern of the area. For this reason alone, he felt the matter should be restudied and no change of zone made while this study was done Mr. Gilroy was again recognized, stating A-2 zoning might have meaning for a larger parcel, but as a use by right, only that of a dog kennel was immediately available to them, with a dispensary or clinic use as one by permit. Further, he stated A-2 uses, rather than protecting the area, "left it wide open". As to vehicular access, he stated--and the City Engineer confirmed--that sight distances were adequate. He added the uses proposed by applicant were lighter than some of those at one time suggested by the County Board of Supervisors; that the uniqueness of the parcel had been recognized and it had not been deemed "spot zoning" to treat the parcel separately Mr. Rod Friedman~ Belveron resident and posed various questions to Mr. Gilroy as subject parcel and highway realignment. architect, to egress was recognized and and ingress to the Fanning stated the Council and Committee were well aware the parcel was separated from the other piece of property which is Blackie's Pasture but that redress for the severance of this piece should be sought by the owner from the one who caused it. He stated that another reason for requesting of the Commission that a planning proposal be made immediately was that with abandonment of the railroad, it was possible an intersection could be designed which would alter the planning picture Mr. Allan Thompson, Chairman of the RPOA Architectural Committee, was recognized and expressed the fear that rezoning would open the remainder of Blackie's Pasture to undesirable commercial development Minutes ~~134 City Council -4- 13 February 1968 Mr. Steinau stated he could not speak for his client as to the 22-foot setback requirement and suggested this be amended by making it applic- able only to the property on which Mr. Zelinsky intended to build. It was noted that if the condition were not agreeable to the owner, no building permit would then issue, if the conditions of the motion were adopted. Mr. Steinau asked for clarification of the parking requirements. The Chair confirmed it was intended that parking for existing building would be those in effect at the time of construction of the building, but any new additions would be subject to the parking requirements of the new ordinance Miss Ellinwood added that the Board in acting on this matter had erroneously granted variances, a power they do not have, when allowing changes in setback line and the overhang, and felt they should be mind- ful of their proper authority when acting in the future Mr. Allan Steinau, architect for the owner, was recognized and stated that Board of Design Review approval requiring that roofing materials be submitted for approval, when decided upon, spoke to the materials themselves and not the design, which he added would be a flat roof In answer to question raised by Miss Anne Ellinwood, Fanning replied it would be necessary for the owner to resubmit his plan for design review Miss Ellinwood stated that since allowing the addition to the rear of the building, other owners on the north side of Juanita Lane would also be entitled to the same curb projection. Also, she asked whether the element of "overhead aesthetics" would be considered when the plan was given design review. MOVED by Fanning, seconded by Bremer, that the appeal be denied and that the action of the Planning Commission be upheld with the following conditions: (1) that the overall parking space inventory of Zelinsky- owned or controlled property in the downtown area be submitted to the City office for checking, and that the parking requirements under the new Zoning Ordinance be met prior to the issue of any permit for build- ing on this property under question; (2) that the coverage on this and the newly-proposed addition does not exceed 40%; (3) that the owner agrees to commence the preparation of a Master Plan for the property under his control, bordered by Tiburon Boulevard, Main street and Beach Road, which will indicate parking for future uses as well as present; (4) that the owner agree to a deed restriction on the property across Juanita Lane indicating a setback of at least 22 feet. By agenda bill #4 of December 19, 1967, the Development Administrator repor~ed that on January 8, 1968 the Council heard a citizensl appeal from oard of Design Review approval for additions to the Maritime Building. The hearing had been continued to allow the Lands and Development Committee to make their study and recommendation. The Com- mittee now recommended that the appeal be denied, and that four condi- tions of approval be attached by the Planning Commission. It was noted the words "at least" should be inserted in the last sentence, being Item 4 of the conditions. APPEAL FROM BOARD MARITIME BUILDING, OF DESIGN APPROVAL TO ADDITION 1640 Tiburon Boulevard Minutes f! 134 City Council -5- 13 February 1968 Minutes f134 City Council -6- 13 February 1968 Harvey suggested amending the motion to insert the word "his II for lithe 11 in Item 4 of the conditions referring to ".. .the property.. .". Amend- ment accepted by mover and seconder. Question on the amended motion was called for and unanimously passed: AYES: COUNCILMEN: Bremer, Fanning, Harvey, Hoffmire NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Drohan APPLICATION FOR USE PERMIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE BETltJEEN TIBURCN BLVD. AND MAR \"iEST 1:Teinberg and Demaurex, et aI, Appellants Upon the Appellants' request, the Chair directed the matter continued. TRANSFER FOR STORM DRAINAGE FUNDS TO PROJECT 68-p-13 By agenda bill #19 of January 15, 1968, the City Manager recommended that $1,735.15 remaining in a Storm Drainage Fund--accumulated by the former Flood Control Zone 8 to maintain and operate a drainage system from Beach Road to Belvedere Cove--be transferred to Project 68-p-13 to partially offset the drainage portion costs of this Tiburon Boule- vard project. In answer to the Chair's request for comment, the Deputy City Attorney replied that while there was no legal restriction to the use of the money, a former Council had decided there was a moral obligation to use the money in the same area from which it had been raised. 'llie Citj' Manager's report noted Project 68-p-13 lies within that area. MOVED by Hoffmire, seconded by Fanning, that this City Council finds Project 68-p-13 is a flood control measure benefiting property within the former County Flood Control Zone 8 and, therefore, the assets of said zone in the amount of $1,735.15 reposing in the Storm Drainage Fund be transferred to the Capital Outlay Fund to partially offset cost of the storm drain phases of said capital improvement project; unani- mously passed: AYES: COUNCILMEN: Bremer, Fanning, Harvey, Hoffmire NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Drohan VII. REPORTS TIBURON POLICE AND SHERIFF STATION There being no objection, the Chair directed that the January, 1968 report of the Tiburon Police and Sheriff Station be accepted. DEPARTMENT OF URBAN DEVELOPMENT There being no objection, the Chair accepted the January, 1968 report of the Development Administrator. The Chair also regretfully acknowledged receipt of letter from Harvey indi- cating a substantial change in his business affairs would make it necessary RESIGNATION OF COUNCILMAN A memorandum was placed before the Council concerning a special meeting of the Parks and Recreation Commission on February 15 to discuss the trails contract. At this time the Chair informed the Council that the resignation of Mrs. Mimi Berticevich from the Parks and Recreation Commission had been received. He expressed his regret at receiving this news and extended his congratulations to her for her work performed as one of the original Com- mission members Fanning reported an eXchange of correspondence ~ith Belvedere on the subject of transferring land of 14 property owners from Tiburon to Belvedere had indicated that City's approval only if these owners were unanimous in want- ing to make the change. This exchange was conditional upon Belvedere exchanging land across Tiburon Boulevard by the Safeway Store to straighten out the boundary lines of both ?ARKS AND RECREATION COMMISSION MEETING; RESIGNATION OF COMMISSIONER cities EXCHANGE OF TERRITORY Harvey reported mittee to meet Diviso Street. vI a meeting has been scheduled by the Public Services Com- with interested parties on February 21~ 1968 to discuss ITH BELVEDERE DIVISO STREET Bremer stated that while he was all for the type of annexation which would create more contiguous property, he was not sure the liabilities of this annexation might not be prohibitive. The Chair directed the City Manager to discuss with the Reed Union School District the matter of annexing the properties of the Bel Aire and Reedland vToods schools. Fanning stated that with annexation of Reedland Woods ~it ~l, lands of the Reed Union School District were now contiguous and he felt the District would have no objection to bringing the schools under City boundaries. The City Manager added he had been discussing the matter with school officials, who felt there were many advantages to the District, with no cost to them. He pointed out this addition would make pOSSible annexation of areas which 1ave heretofore shown interest in joining the City. ANNEXATION Fanning stated it had been reported to him that there had been a fire i~~he abandoned railroad tunnel underneath Reed Ranch Road. He felt measures should be taken to have the railroad abate the nuisance and hazard. The Chair directed the City Manager to contact the Northwestern Pacific Railroad to request an immediate solution to the problem. RAILROAD TUNNEL Bremer reported the Public next Council agenda Services Committee would place numerous items on PUBLIC SERVICES COMMITTEE Minutes #134 City Council VIrI QUESTIONS -7- 13 February 1968 ~. () ~~. /( Approved by q :i City ~b 1968 the Council on At 12:30 A .M February 14, 1968 the Chair declared the meeting adjourned x At 11:44 P.M. the Chair declared the meeting recessed to Executive Session to allow the Council to discuss appointment to Commissions ADJOURNMENT IX EXECUTIVE SESSION ABSENT COUNCILMEN Drohan NOES COUNCILMEN None AYES MOVED by HOffmire, seconded by Bremer, the action of the Board of Supervisors purpose regional authority as COUNCILMEN Bremer, that the City concerning the expressed in the motion Fanning Harvey, Hoffmire does hereby ratify need for a multi- unanimously passed The Chair noted receipt of notice from the Marin County Council of Mayors and Councilmen calling attention to a meeting of the Committee on the Study of Regional Organization to consider adoption of a motion expressing approval of a multi-purpose regional authority, limited so as not to interfere with local functions. It was noted that although the meeting had since been held--with 6 of the 11 cities indicating approval--it would be well for Tiburon's position to be put on record. The Chair noted that the City man Strawbridge, now resigned. delegate and Harvey to serve as was formerly represented He named Bremer to alternate at ABAG in ABAG by Council- serve as the City's meetings. ASSOCIATION OF BAY AREA GOVERNMENTS to resign his Council seat, to take effect at the Council's pleasure. He stated that if the Council could not immediately accept his resignation, he would attempt to do as much as possible in performing Council duties between now and April 16th, the expiration date of his term. Minutes !134 City Council -8- 13 February 1968 ABSENT COUNCILMEN None NOES COUNCILMEN None AYES MOVED by Harvey, seconded by Drohan, unanimously passed: COUNCILMEN Breme r , Drohan, Fanning, Harvey, Hoffmire that By agenda bill 33 dated February 20, 1968 a routine resolution consoli- dating voting precincts, appointing election officers, fixing polling places and establishing compensation for election officers for the City's April 9, 1968 election was placed before the Council. Resolution No 197 be adopted ; MUNICIPAL ELECTION ADMINISTRATION Resolution No. 197 ABSENT COUNCILMEN None NOES COUNCILMEN None AYES MOVED by Bremer, s-econded by Fanning, that Resolution No. 195, RESOLU- TION WAIVING CASH-COLLECTION PERIOD, and Resolution No. 196, RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF TIBURON AND COUNTY OF MARIN IN CONNECTION WITH THE HANDLING OF BOND COLLECTIONS be approved; unanimously passed: COUNCILMEN Bremer, Drohan, Fanning, Harvey, Hoffmire By agenda bill 30 dated February 7, 1968, Special Bond Counsel Edwin N. Ness placed before the Council two resolutions pertaining to the El Marinero Assessment District. He explained the waiver of cash collec- tion period, the purpose of one resolution, was a routine matter in districts with one property owner who would-not be paying the assess- ment by cash within the initial 30-day period. The second resolution authorized execution of an agreement between the City and County for the handling of bond collections. Mr. Ness asked that affirmative action be taken on both resolutions in order that bonds could be dated March 2, 1968, as planned. EL MARINERO ASSESSMENT DISTRICT Resolution Nos. 195 and 196 1967-1 MOVED by Fanning, February 13, 1968 Dr seconded by Bremer, that be approved as corrected RESOLUTIONS ; Minutes #134 for the unanimously passed. meeting of Fanning asked that page 7, Exchange of Territory with Belvedere", be -,rrected by noting that this exchange was conditional upon Belvedere Achanging land across Tiburon Boulevard by the Safeway store to straighten out the boundary lines of both cities. III The Chair acknowledged the presence in the audience of Council candidates Anne Ellinwood, Denis Rice and Stephen Nash. APPROVAL OF MINUTES ABSENT EX OFFICIO None Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Ray W~ Foreaker, Jr., City Engineer Louis~F. Brunini, Superintendent of Public Works COUNCILMEN PRESENT COUNCILMEN Bremer, Drohan, Fanning, Harvey, Hoffmire II ~e regular meeting of the City Council, City of ~s called to order at 8:10 P.M. on February 26, mire, Jr. in the City Hall Council Chambers. ROLL CALL Tiburon, state of California, 1968 by Mayor John S. Hoff- I CALL TO ORDER Minutes #135 CITY OF TIBURON CITY COUNCIL 26 February 1968 Minutes .J?135, City Council -2- 26 February 1968 MUNICIPAL ELECTION SERVICES Resolution No. 198 By agenda bill 34 dated February 20, 1968 a resolution requesting the County to provide certain services in the conduct of the municipal election was placed before the Council. MOVED by Harvey, seconded by Bremer, that Resolution No. 198 be adopted; unanimously passed: AYES: COUNCILMEN: Breme r J Drohan, Fanning, Harvey, Hoffmire NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None FINAL MAP - EL MARINERO ASSESSMENT DISTRICT Resolution No. 199 By agenda bill dated February 6, 1968 the City Engineer put before the Council for approval Final Map of the El Marinero Assessment District. In answer to Fanning's question, the City Engineer replied the map was the same as that approved as the Tentative Map. Motion by Harvey, seconded by Bremer, that Resolution No. 199 and attached agreement be adopted was later duly withdrawn and new motion entered following discussion on the matter. Miss Anne Ellinwood was recognized and asked whether the developer's offer of park land would still obtain if the City wished to later accept the land, in view of the wording of the resolution which indicated the land was rejected. It was the City Attorney's opinion that the offer of dedication for parks would not remain open. Fanning noted a letter from the subdivider stated the land would remain open for two years, whether accepted by the City at this time or not. Fanning and Bremer expressed the feeling the park lands should not be rejected outright. Mr. Rhodes of the firm of Rhodes and Burton was recognized and stated he felt the City would have to specifically accept or reject the park land. It was the sense of the Council that since the Parks and Recreation Com- mission has reconsidered their former objection to accepting the land, and since the developer has by his letter offered to leave the land open for two years, that the offer should not be rejected. Fanning noted the matter was now in the Lands and Development Committee, and he would vote for accepting the land. Drohan asked if the Planning Com- mission had given their approval to acceptance; the City Manager indi- cated they had. An amendment to the motion made by Fanning, seconded by' Harvey, to replace the word "reject" with the word "accept 1I was later duly wi thdrawn Harvey asked if all problems relating to access roads had been resolved. Mr. Rhodes replied it had been agreed costs of the road would be shared jointly with the adjacent landowner, his client paying for half of the road through the Water District land, and Mr. Moulin to pay the remain- der. MOVED by Bremer, seconded by Drohan, that Resolution No. 199 and attached Agreement be adopted; it being resolved that the Final Map is approved and the City is to accept the offer of dedication of Sugar Loaf Drive, Phyllis Drive and Phyllis Court, and drainage easements, and further accepts the offer of dedication of parks and rejects the offer of dedi- cation of all other easements on condition that the subdivider first enters into and executes with the City the Agreement attached hereto, as amended, and meets the requirements thereof; unanimously passed: AYES: COUNCILMEN Bremer, Drohan, Fanning, Harvey, Hof~ire NOES: COUNCILMEN None ABSENT COUNCILMEN None By agenda bill 36 dated February 21, 1968 the City Attorney reported CDAIM FOR DAMAGES The Chair directed that the discussion, be embodied in a regular meeting for approval intent of the motion, and subsequent resolut~on to be presented at the next Miss Anne Ellinwood suggested that in transmitting the resolution, an accompanying statement be made as to how this letter was interpreted by the City, and stating the matter would be considered to be pending again if this were not the intent of the Division's letter Mrs. Iris Suhl was recognized and asked whether the use of the word "agreement" in the last sentence of the Division's letter satisfied the Council as to their meaning being the same as that of the City. Motion by Bremer, seconded by Harvey, withdrawing conditional approval to the Corps of Engineers was duly withdrawn following Harvey's later suggestion that this action could best be taken in resolution form, with the Division's letter attached thereto as an exhibit. EY agenda bill 21 dated January 16, 1968, the City Engineer recommended that the City Council voluntarily withdraw their conditional approval of the Division of Highways' request for extension of fill permit from the Corps of Engineers since the Corps advised conditional permits cannot be granted and on this basis, they could only deny the request for extension. Further, by letter of January 12, 1968, the Division of Highways in their request to the City for withdrawal of conditional approval, stated "full agreement will be left with the City before proceeding on any fill operations." Bremer read the Division of High- ways' letter in full. EXTENSION OF FILL PERMIT, DIVISION OF HIGHWAYS ABSENT COUNCILMEN None NOES COUNCILMEN None AYES MOVED by Bremer, seconded by Harvey, that the Committee has reviewed the Police Survey recommendations, submitted by Lt. Johansen, and approves and adopts the same as their own, and therefore moves that the Council does hereby adopt said five recommendations, as enumerated in the agenda bill; unanimously passed: COUNCILMEN Bremer, Drohan, Fanning, Harvey, Hoffmire By agenda bill 32 dated February 20, 1968, the Public Services Com- mittee reviewed the history of the Reed Union School District's request that the City employ a crossing guard to patrol the crosswalk at Tiburon Boulevard and Lyford Drive, fronting Reed School SCHOOL CROSSING SAFETY AT REED SCHOOL v MINUTE ORDERS A short recess was taken The meeting reconvened at 9 :08 p .M ABSENT COUNCILMEN None NOES COUNCILMEN None AYES MOVED by Hoffmire, seconded by Fanning, that the Mayor's nomination of Mr. G. B. Talbot to the Parks and Recreation Commission to fill the unexpired term of Mrs. Mimi Berticevich be approved; unanimously passed: COUNCILMEN Bremer, Drohan, Fanning, Harvey, Hoffmire The Chair nominated Mr. Jerry Talbot to the Parks and Recreation Com- mission to fill the unexpired term of Mrs. Mimi Berticevich, whose resignation has been accepted. He noted that Mr. Talbot's interest in recreation and his position as head of the Bureau of Sport Fisheries at Tiburon Marine Laboratory would be of considerable value to the Commission PARKS Minutes #135 AND RECREATION COMMISSION APPOINTMENT City Council -3- 26 February 1968 Fanning The City Manager advised the sidewalk would now go as far as Tiburon Lodge, 8nd that a revised estimate of the City Engineer indicated it would be a2complished for a sum substantially less than the $1,200 figure. commented on the Superintendent's reference to flooding at Pine The Superintendent of Public ~Jorks reported that installation of the drain along Tiburon Boulevard from the bus stop to Tiburon Lodge had commenced. ~e City Manager added that Mr. Fred Zelinsky had made a $600.00 contribu- ion toward extension of the sidewalk; that it appeared the Fire Depart- ment's problems in this matter had been ironed out; and parking existing behind the businesses adjacent to the firehouse to the east would solve the loss of parking problem for these tenants. SUPERINTENDENT OF PUBLIC vJ ORKS January VII Drohan advised that Appellants again had requested a continuance Chair directed the matter continued. REPORTS APPLICATION FOR USE PERMIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE BETWEEN TIBURON BOULEVARD AND MAR WEST Weinberg and Demaurex, Appellants The VI APPEAL ABSENT COUNCILMEN None NOES COUNCILMEN None AYES Question was called for and COUNCILMEN Bremer, motion unanimously passed Drohan, Fanning, Harv~ Hoffmire Bremer asked if it could be assumed the completion of this report would also produce the cyclical maintenance plan for City streets, required by the City's Street Policy. The City Manager responded affirmatively MOVED by Harvey, seconded by Hoffmire, that the City Manager's recom- mendation, contained in the agenda bill, be adopted as to the funding of this project. By agenda bill 20 dated January 15, 1968 the Administration and Finance Committee recommended adopting the City Engineer's suggestion that $2,000 be budgeted to meet the requirements of Section 2156 of the City's streets and Highways Code that a report be prepared and transmitted to the State setting forth the progress made in construc- tion or improvement of the City's road system, with a projection of the City's road and street needs for five and ten-year periods. The C~ty Engineer recommended that since Project 12-68, Program Development, Function S, established to provide local construction standards and budgeted with $1,000, would not get under way this year, this budget should be retitled "Street Deficiencies and Needs, City Streets, and the $1,000 budget figure increased by $1,000 from the Contingency Fund to capitalize the project for a total of $2,000. REPORT OF DEFICIENCIES AND ESTIMATE OF PROJECTED NEEDS FOR CITY STREETS ABSENT COUNCILMEN None NOES COUNCILMEN None AYES COUNCILMEN Bremer, Drohan, Fanning, Harvey, Hoffmire Question on the motion was called for and unanimously passed Miss Anne Ellinwood was on the pier at Elephant recognized and stated if the accident occurred Rock, this was not City property. MOVED by Harvey, seconded by Bremer, the matter be referred to the City's that the claim be denied and insurance carrier. receipt of a claim for damages dated representing one SylVia Favetto, San accident on November 10, 1967 in the the Caprice Restaurant. February 5, 1968 from a law Francisco, as a result of an vicinity of the fishing pier near Minutes il135 City Council -4- 26 February firm 1968 Minutes ~~ 135 City Council -5- 26 February 1968 Terrace, which he explained was caused by a combination of excessive rains and uncommonly high tides. The Chair directed the report of the Superintendent of Public '10rks for the tonth of January, 1968 be accepted. MASTER PLAN FOR UNDERGROUNDING UTILITIES By report of the Public Services Committee dated February 21, 1968, Bremer stated the Committee had met and agreed that because a priority system has already been established requiring that preference for underground- ing of utilities be given those areas which would have broad public benefit, a specific program for pursuing undergrounding work could be arrived at by meetings between Staff and the utilities companies. The report noted that sufficient funds were not available to commence undergrounding in neighbor- hood areas and thus no priorities for these areas had been included in the policy established. The City Manager noted the supply of handbooks pre- pared by the Staff on undergrounding was now depleted. Mr. Samuel Shapero was recognized and invited Council members to attend a meeting in San Francisco on the evening of February 28th to hear an attorney well-informed on undergrounding of utilities speak on the subject before the Home Building Association. ~ONTHLY CASH FLOF STATEMENT/FUND RECEIPTS BY SOURCE ~here being no objection, the Chair directed the Monthly Cash Flow Statement and Monthly Fund Receipts by Source statement for January, 1968 be received. REGISTER OF CLAIMS NO. 43 MOVED by Fanning, seconded by Drohan, and unanimously passed that Register of Claims No. 43 be approved. Fanning questioned the $600 payment to Pacific Pipeline Survey, and was informed by the City Engineer that unexpected difficulties necessitated a second filming of the line on the Noel property; further, that the cost was an expense to the City and not added to the abatement cost. VIII. QUESTIONS Communications The Chair read a letter received from Congressman v'Tilliam Mailliard in appre ciation of the plaque received when he recently spoke before a meeting nf the Mayors and Councilmen, hosted by the City of Tiburcn. A letter from Mr. Edgar J. Reed, secretary of Cub Scout Pack #9, was read in which the services of 45 cub scouts were volunteered for any City activities in which they could be useful. The Chair read letter received from Planning Commission Chairman Erik Rettig in which he announced his resignation, due to pressure of business, from the Commission, effective at the close of the regular March meeting. The Chair stated he was sorry to accept Mr. Rettig's resignation, noting he had been one of the original members on this Commission. ADDITION OF STREET LIGHT AT TIBURON BLVD. AND LYFORD DRIVE By agenda bill 35 dated February 20, 1968, on behalf of the Public Services Committee Bremer reported that it would be the Committee's recom- mendation that a street light--as proposed by the City of Belvedere--be installed at Tiburon Boulevard and Lyford Drive. It was noted that installa- tion cost is borne by the PG&E Company; the City would bear the $3.55 monthly service charge. "'~OVED by Bremer, seconded by Harvey, that the installation of a street ~ight at the named intersection be approved; unanimously passed A YES: COUNCILMEN: Bremer, Drohan, Fanning, Harvey, Hoffmire NOES: COUNSILMEN: None t BSENT : COUNCILMEN: None Minutes ~135 City Council -6- 26 February 1968 Reading of correspondence concluded with the Chair relating the contents of letter addressed by Mr. Gordon W. Strawbridge) aboard the SS Statendam, while on his world tour. IX. EXECUTIVE SESSION At 10:04 P.M. the Chair declared the meeting recessed to Executive Session to discuss appointment to the Planning Commission. X. ADJOURNMENT At 11:15 p.m. the Chair declared the meeting adjourned ~ ------- Appro bv the City Council on tt~)d~ /1 ) 1968 - J -- MA YOR ON Minutes #136 CI'I'Y COUNCIL 11 March 1968 CITY OF TIBURON I. CALL TO ORDER ~= regular meeting of the City Council, City of Tiburon, state of Califor- 1, was called to order at 8:08 P.M. on March 11, 1968 by Vice Mayor 'l'noma s E. Drohan in the absence of Mayor John S. Hoffmire, Jr. II~ ROLL CALL -. PRESENT: COUNCILMEN: Bremer, Drohan, Harvey, Hoffmire (8:13 P.M.) ABSENT: COUNCILMEN: Fanning EX OFFICIO: Lawrence D. Rose, City Manager Richard H. fu'einer, Deputy City Attorney Phil V. Scott, Development Administrator Louis F. Brunini, Superintendent of Public ~orks Russell Melquist, Assistant to City Manager 11:1. APPROVAL OF r,lINUTES MOVED by Bremer, seconded by Harvey, that Minutes #135 for the meeting of February 26, 1968 be approved as submitted; unanimously passed. rv. RESOLUTION EXTENSION OF FILL PERNIT TO DIVISION OF HIGln~rAYS Resolution No. 200 By bill -#21 dated ~dnuary 16, 1968, the City Manager submitted resolu- tion conformi~g to the sense of the Council on February 26, 1968 that objections to the extension of the Division of Highways' fill permit from the Corps of Engineers would be withdrawn on the understanding conveyed by the Division's letter that they would not proceed with any Eay fill opera tions \'li thout agreement of the Ci ty. Subject letter, dated January 12, 1968, was attached to and made a part of the resolu- tion. MOVED by Bremer, seconded by Harvey, that Resolution No. 200 be adopted, A RESOLUTION OF THE CITY COUNCIL WITHDRA1AJING CERTAIN OBJEC- TIONS FILED WITH 'THE ARr'lY CORPS OF ENGINEERS .ON THE BASIS OF UNDER- STANDINGS 1,lITH 'rHE STATE DIVISION OF HIGln~rAYS RESPECTING RECONSTRUC- TION OF TIBURON BOULEVARD. Drohan questioned what legal recourse the City might have if the State did not abide by this informal agreement. The City Manager replied that while there was none, the City would have opportunities to speak to the matter when the budget for such reconstruction is considered. The Chair was now assumed by Mayor Hoffmire. Question on the motion was called for and unanimously passed: A YES: COUNCILMEN: Breme r, Drohan, Harvey, Hoffmire NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Fanning V. MINUTE ORDERS APPOINTMENTS TO VACANCIES ON COMMISSIONS By bill #43 dated !\larch 5, 1968, the Chair announced his nominations of Mr. Joseph H. Bacheller III to the Planning Commission to fill the unexpired term of Erik Rettig, whose term expires June 24, 1969; and nomination of Mr. Donald K. Loomis to the Parks and Recreation Com- mission to fill Mr. Bacheller's term, expiring in July of 1968. MOVED by Drohan, seconded by Bremer, that the City Council does hereby unanimously confirm the appointment of Mr. Joseph H. Bacheller III to the Planning Commisnion and Mr. Donald K. Loomis to the Parks and Recreation Commission; unanimously passed ABSENT com~CILMEN Fanning NOES COUNCILMEN None AYES MOVED by Harvey, seconded by Bremer, that the Council accept the City Engineer's report; that no action be taken on it at this time, but that the report be referred to the City of Belvedere and the Belvedere Lagoon Property Owners Association for their information, guidance and response; unanimously passed: COUNCILrJIEN Bremer, Drohan, Harvey, Hoffmire Bremer stated he would effects of the drainage Boulevard were studied. not want to do anything further until the improvements now being completed on Tiburon BY bill ~39 dated March 5, 1968, the City Engineer submitted his report evaluating the Ru~sey Plan's proposals for downtown drainage. The Public Services Committee thereupon recommended that the community might wish to consider reducing design criteria of a drainage system to accommodate a la-year, or at most 25-year storm; that runoff co- efficient assumed by the Plan tends to invalidate the plan; if over- flow of waters into Belvedere Lagoon can be considered, then all projects previously evaluated--including McCreary-Koretsky--should be evaluated on the same basis. The City Engineer's detailed 5-page report.cf February 29, 1968 accompanied the agenda bill. Because of illness, the City Engineer was not present to comment further on the report. DO\\JNTO\1N TIBURON DRAIHAGE RurJISEY PLAN ABSENT COillJCILI1EN None NOES COUNCILr<1EN None AYES MOVED by Dron2n, seconded by Bremer, that the zoning district map be amended and the subject property, as recommended by the Planning Com- mission, be placed in the R-3 Zone; unanimously passed: COUNCiLf,lEN Bremer, Drohan, Harvey, Hoffmire TI1e Chair dccla~ed the publiC hearing open. present to speak for or against the proposed declared the public learing closed. There were no persons rezoning; and the Chair By bill # 38 dated February 26, 1968, Drohan presented the Planning Commission's recom~endation that the zoning district map be amended and the subject propel.ty be rezoned from lip" to "R_ 3" . RESOLUTION OF INTE1?rrON TO CONSIDER CHANGE OF PARCELS LOCATED ABOVE TIBu~ON PENINSULA CLUB, ZONE, AP 58-100-38 Tne Chair decln~ed the hearing open and continued the matter to the next regular meeting. The Chair noted that no one was present representing Item 37 on the agenda, rezoning of two parcels near Red Hill Circle, as he had advised the developer that it was possible there would not be a quorum after 9 o'clock--the hour at which the applicant's attorney expected to be present--and the matter would be continued APPLICATION TO REZONE CERTAIN RED HILL CIRCLE, AP 58-191-19 PROPERTY ADJACENT TO and 20 Because of Drohan's announced intent to leave the meeting at 9:00 P.M. because of personal commitment, the Chair directed that Items 40 and 41 be temporarily by-passed VI SUSPENSION OF ORDER OF BUSINESS ABSENT COUNCILMEN Fanning NOES COUNCILMEN None AYES Minutes #136, COUNCILMEN City Council Bremer, Drohan, -2- Harvey, Hoffmire 11 March 1968 Drohan noted receipt of APPLICATION FOR USE PERMIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE, BETWEEN TIBURON BOULEVARD AND MAR itJEST Tv'Teinberg and Demaurex, et aI, Appellants letter from Mr Michel Demaurex requesting that VII APPEAL ABSENT COUNCILMEN Fanning NOES COUNCILMEN None AYES MOVED by Drohan, seconded by Bremer, that the sum of $375.00 be allo- cated as requested by the Reed Union School District for the summer recreation program for kindergarten through eighth grade, to be administered by the District and funded in part through contributions of the cities of Tiburon and Belvedere; unanimously passed: COUNCILMEN Bremer, Drohan, Harvey, Hoffmire BY bill #42 dated March 5, 1968, the Secretary to the Parks and Re- creation Commission reported the Commission's recommendation that a summer recreation program for children from kindergarten through eighth grade would best be carried out through the Reed Union School District, with financial participation by Tiburon and Belvedere, to the extent of $375 for Tiburon's share. The program is to run from June 17th to August 2nd. REED UNION SCHOOL DISTRICT RECREATION PROGRAM There being no objection, tre next regular meeting. the Chair directed this item continued to PROPOSED PARK SITE REED SCHOOL AREA ABSENT COUNCILMEN Fanning NOES COUNCILMEN None AYES COUNCILMEN Bremer, Drohan, Harvey, Hoffmire Question on the motion was called for and unanimously passed Harvey asked if part of the $2,000 recently allocated would be used to update or analyze the existing streets and highways plan. The City Manager commented it would and would also provide the primary material for the cyclical maintenance plan. He added he had also requested the City Engineer to offer suggestions for amending the Select street System, if he observed changes were needed. MOVED by Harvey, seconded by Bremer, that the recommendation of the City Engineer to the effect that the Section 2156 study already approved by the City Council will provide the material for the creation of a cyclical maintenance plan reduces to three the number of uncom- pleted plans required by the street Policy; therefore, it is moved that the Parks and Recreation Commission be asked to prepare a general landscaping plan within the context of Resolution No. 134; that the Planning Commission be asked to prepare a general sidewalk plan and a general underground utilities plan, also within the context of Resolu- tion No. l34--such funding as might be necessary to be submitted as part of the Commissions' 1968-69 budgets. The City Manager noted that the cyclical maintenance plan should be accomplished by the City Engineer. By separate agenda bill, he had requested additional funds to complete an estimate of needs for City streets in accordance with Section 2156 of streets and Highways Code, and the cyclical maintenance plan would be simultaneously developed. By bill #18 dated January 15, 1968, the City Manager recommended that the City Council direct the Planning Commission, Parks and Recreation Commission and City Engineer to prepare programs for the fiscal year 1968-69 which would lead to the development of five plans, listed on the agenda bill, required to be formulated under the City's street Policy. It was noted such programs would include recommendations on costs, which should be submitted with the Commissions' '68-69 budgets STREE~ SYSTEM PLANNING Minutes #136, City Council -3- 11 March 1968 It was the sense of the Council that the Committee's fourth recommenda- tion concerning Porto Marino would not be included in the present motion The City Manager mentioned the need for funding this type of study, since it could not be done under theCity Engineer's retainer. It was determined that an estimate of $1,500 by the City Engineer would pro- vide a study for secondary access, but the figure had not taken into account the availability of data already accumulated by the Landmarks SC~1ety. In the general discussion following, Harvey and the Chair both commented that secondary access need not necessarily be attained through extending Esperanza. The City Manager added the Council might want to reduce the allocation for the study to $700, using the Land- marks Society's topographic maps and preliminary boundary surveys, as volunteered for the City's use by Mrs. Bastian. The Chair verified comments on investigating a secondary egress would indicate a rewording of Item 3 of the motion stated in the agenda bill "That the City be instructed to study the feasibility of extending Esperanza street to provide a second access to the hill area. II Harvey stated the secondary access to Hill Haven was a must with the number of families now living there and he felt Staff, with interested parties, should be directed to explore the possibilities of such road and any conflicts resolved in the near future. . Mr. Andrew Johnson, President of the Hill Haven Property Owners Asso- ciation, was recognized. He stated he was pleased to see even this degree of progress but added the outlook was not encouraging for a secondary egress for hill residents since the Committee recommended extension of Vistazo West not be considered for construction from public funds. He stated if no secondary egress were provided, the residents of Hill Haven should be guaranteed at least one good road. He added it was not fair to assess only the eight families on Diviso for repairs since the road was serving 121 families above it. Mr. Harold Hobbs, Treasurer of the Hill Haven Property Owners Associa- tion, was recognized and asked what the Council envisioned in the way of repairs to Diviso Street, as he would interpret this to mean a smooth blacktop finish, such as had been done on Centro East. Bremer replied it was recommended that all measures be taken to maintain and bring that surface up to "first-class shape" Mrs. Beverly Bastian, President of the Belvedere-Tiburon Landmarks Society, Inc., was recognized and asked for further explanation of the meaning of "extending Esperanza Street" as this seeming extension would traverse property of the Scc1ety. Also, she felt the problem of proper street names should be resolved since there was confusion in identify- ing streets within the vicinity of the Society's property. Mrs. Bastian exhibited a map showing present streets and easements in this area as well as an indication of the additional property the Society wishes to acquire. She stated the Society had discussed having 'Dakin Lane" acquired by the City and extended all the way to the top of the hill a pedestrian path. She expressed objection to the road proposed by the Committee's recommendation. as Motion by Bremer, seconded by Harvey, to adopt the Committee's mendations was SUbsequently duly withdrawn. recom- ay bill #40 dated March 4, 1968, the Public Services Committee pre- sented a status report on major street improvements enumerated for a 5-year program by the Marin County Department of Public ~~orks shortly after the City's incorporation. It was noted that in spring of 1967, the Council had approved an expenditure of $74,000 for extending Porto Marino Drive to Trestle Glen, but that since November, 1967, the Hill Haven Property Owners Association had requested improvements to Diviso street as having a higher priority than the Porto Marino proje'ct. Meet- ings had been held with the Association, and in committee, and the five recommendations of the Committee were now under discussion. : ROVEMENT OF CERTAIN CITY STREETS DIVISO, EXTENSION OF PORTO MARINO, SECOND ACCESS TO OLD TIBURON IN THE VICINITY OF VISTAZO WEST In view of this ~equest of continued to May 27, 1968. appellants, this appeal be continued to the second Council May 27, 1968. the Chair directed the matter .Minutes ~~?136 .t City Council -4- meeting 11 in May--being Mareh 195e \, I '1 City Council on ~ , 1968 At 9:55 P .M , the Chair declared the meeting adjourned x Mrs. Helen Newman was recognized and asked if some research had been done on SB 231 dealing with powers of the BCDC to permit or prohibit placement of Bay fill. The City Manager stated the matter would be before the Council at its next meeting ADJOURNMENT Senate Bill City Manager called attention to the three sample lighting fixtures i!Jdcalled on Main Street for approval. He reported the newly-constructed storm drain was operating satisfactorily and the excess waters of a recent rain were eliminated; he added the accompanying sidewalk would be completed in a few days. He announced PG&E is on schedule and all remaining overhead utilities are expected to be removed from Main Street by March 31st, if the two remaining property owners make the required hookup. 231 Powers of BCDC Main Street Lighting Fixtures Uhdergrounding of Main street Tiburon Utili ties Boulevard Downtown Drainage There being no objection accepted. IX QUESTIONS the Chair directed the subject report TIBURON POLICE AND SHERIFF STATION February VIII The Chair announced that discussion on extension of Porto Marino Drive would be continued to the next regular meeting. REPORTS A recess In reply to question of Mrs. Bastian, Bremer stated the City Engineer would contact the Landmarks Society to obtain the data offered. Mrs. Bastian further asked whether the City would desire a formal proposal to be made to initiate a project which would straighten out identifi- cation of street names in the vicinity of the Society's properties. The Chair stated such proposal should be directed to City staff, who would incorporate it in a proposal they were directed to make, through the Planning Commission. was declared at 9:38 P .M The meeting reconvened at 9:50 P .M At 9:35 P .M. Drohan left the meeting ABSENT COUNCILMEN Fanning NOES COUNCILMEN None AYES MOVED by Bremer, seconded by Harvey, that (1) the most dangerous portion of Diviso Street, where the utility pole in the right-of-way interferes with safe vehicle passage, be corrected without delay and at no expense to the neighboring property owners; (2) that the surface of Diviso Street, where badly deteriorated, be repaired without delay at no expense to the neighboring property owners; (3) that the City Engineer be instructed to study the feasibility of a second access to the hill area--the study cost not to exceed $700; and (4), that because of cost and probability of improvement by land developers, it is recommended that the extension of Vistazo West not be considered for construction out of public funds unanimously passed COUNCILMEN Bremer, Drohan, Harvey, Hoffmire Minutes 1/:136, City Council -5- 11 March 1968 MCVE~ by Jenning, seconded by Harvev TIBURON AMENDING ORDINANCE NO.9 N.S , . , that AN ORDINANCE OF THE CITY OF THE ZONING ORDINANCE OF THE CITY There were tion The no other persons present to speak for or against said applica- Chair declared the public hearing closed Fanning stated if it was merely correcting a drafting error, he would be willing to take action at this time; however, it had been recommended that the item be referred to Committee for an additional 2-week study to permit consideration of comments raised by letter of Planning Commissioner Allan Littman. The Chair responded that letter had been referred to Drohan, and apparently Mr. Littman's queries on the matter were satisfied. E. Warren McGuire, attorney representing applicant, was recognized and stated the rezoning was sought because logically and topographically, the parcels belong in the same zone as the adjacent parcels, zoned R-3, and it was apparently only through a drafting error in drawing the new zoning map boundaries that the parcels were split and these two became RO-2 zone instead of R-3 Fanning expressed concern that AP 59-191-21 was not part of the subject application, although contiguous to the subject parcels. It was stated parcel differed in ownership, topography and aCC~JS from the two parcels being considered for rezoning the By bill #37 dated February 26, 1968, the Lands and Development Committee reported that the subject appllcation for rezoning was heard by the Plan- ning Commission at a duly noticed public hearing on February 5, 1968. The Commission recommended to the Council at that time that the application be granted, but recognized the Board of Design Review should take note of the restrictive guidelines established in approval previously granted for development on these parcels, when the matter again comes before them for review. On March 11, 1968, public hearing was opened by the Council, and continued to this date. ORDINANCE TO REZONE AP FROM RO-2 to R-3 ZONE Thomas and Joan Frouge, Introduction and First 58-191-19 and Applicants Reading 20 v On behalf of the Council, the Chair presented a plaque of appreciation to Mr. Erik Rettig for his continuous services to the City as one of the original members of the Planning Commission as well as his service during the past year as the Commission's Chairman. The Chair expressed his regret that pressure of business had caused Mr. Rettig to submit his resignation, effective at the March Commission meeting. ORDINAN(!ES RECOGNITION OF PLANNING COMMISSIONER MOVED by Fanning, March 11 1968 be IV seconded by approved as SPECIAL ORDER OF BUSINESS Harvey, that Minutes ~136 for the submitted~ unanimously passed meeting of III APPROVAL OF MINUTES Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Phil V. Scott, Development Administrator Ray W. Foreaker, Jr., City Engineer Louis F. Brunini, Superintendent of Public Russell Melquist, Assistant to City Manager ATorks EX OFFICIO ABSENT COUNCILMEN Drohan PRESENT COUNCILMEN Bremer (8 16 P .M ) , Fanni.ng, Harvey, Hoffmire II The regular meeting of the City Council, nia, was called to order at 8:13 P.M. by ;ity Hall Council Chambers. ROLL CALL City of Tiburon, State of Califor- Mayor John S. Hoffmire, Jr. in the Minutes 1t137 I CALL TO ORDER CITY OF TIBURON CITY COUNCIL 25 March 1968 Harvey stated he had no reservations in adopting the resolution since counsel had assured it was routine and there was a matter of timing, but it appeared puzzling to him why the City should authorize the agreement The Assistant to the City Manager stated that although the City had not yet received the funds of $236,000, he had been assured there would be no difficulty in having them by April 1st; that Mr. Ness had advised adoption of the resolution was a routine matter, and he would submit a letter to the City to that effect. He then read portion of the agreement which states monies will be paid out of the assessment district funds-not the City's general fund, and confirmed no payments had been made out of City funds to date, bills having been paid directly by the bond counsel house MOVED by Harvey, seconded by Bremer, that Resolution No. 201 be adopted, RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF TIBURON AND GHILOTTI BROS. FOR WORK TO BE DONE AND APPROVING BONDS IN EL MARINERO ASSESSMENT DISTRICT. By bill #6 of March 14, 1968, adoption of a resolution authorizing execu- tion of agreement between the City and Ghilotti Bros., Inc. for work to be done in El Marinero Assessment District 1967-1, was introduced with the recommendation of Mr. Edwin Ness, special bond counsel, that the Council take action to adopt the resolution at this time. EL MARINERO ASSESSMENT DISTRICT NO Resolution No. 201 1967-1 VI RESOLUTIONS ABSENT COUNCILMEN Drohan NOES COUNCILMEN None AYES COUNCILMEN Bremer, Fanning Harvey Hoffmire Question on the It was the sense of the Council that following first reading, the ordinance should be referred to the Commission for study at their next meeting and if possible, second reading could be given at the next Council meeting. motion was called for and unanimously passed Mr. Allan Thompson was recognized, speaking on behalf of the Parks and Recreation Commission, and stated the matter should have come before the Commission as their preliminary planning had indicated a park in the area Mrs. Helen Newman was recognized and asked whether this action was correct an error made at the time of drawing the new zoning map, questioned why the Parks and Recreation Commission had not been to and if not, consulted. Title was so read by the Chair received on the matter. It MOVED by Fanning, seconded by Bremer, that AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S., THE ZONING ORDINANCE OF THE CITY OF TIBURON, TO RECLASSIFY CERTAIN REAL PROPERTY FROM THE "p" ZONE TO '!HE "R-31f ZONE be read by title only and be considered to have passed first reading. was noted no correspondence had been By bill ~38 dated February 28, 1968, the Development Administrator reported that on December 4, 1967, the Planning Commission had recommended that property of Dr. Robert McNaught, identified as AP 58-100-38, be re- zoned to R-3 as the Ifp" zone assigned to it was not reflective of the planning for the area. On March 11, 1968, the Council had accepted the recommendation, no objections thereto having been raised, and ordered drafting of an ordinance to accomplish the changes in the zoning map. ORDINANCE TO REZONE AP 58-100-38 from Introduction and First Reading 'p to R-3 " ZONE ABSENT COUNCILMEN Drohan NOES COUNCILMEN None AYES OF TIBURON, TO RECLASSIFY CERTAIN REAL PROPERTY FROM THE RO-2 ZONE TO THE R-3 ZONE, be considered to have passed first reading, being read by title only; unanimously passed COUNCILMEN Bremer, Fanning Harvey Hoffmire The City Council, Minutes 4137 -2- March 25, 1968 MOVED by Bremer, seconded by Harvey, that the motion be amended and the scale in said Exhibit "B" be established at $1.50 per hour for step 1, rising in increments of 50~ through step 6, at a top rate of $4.00 per hour; amendment unanimously passed: that Bremer stated that in view of the possibility of employing summer help, he felt a minimum rate of $1.50, or possibly even $1.25, should be re- tained in the schedule. The City Manager suggested that perhaps a greater spread, permitting a sixth step to ~h.OO per hour would be of some help. MOVED by Harvey City Manager be seconded by Hoffmire adopted. , BY bill #45 dated March 12, 1968, the Master Salary Plan was presented for annual review, as required by Municipal Code. It was noted that in adopting the plan on February 27, 1967--later further memorialized by Resolution No. 157 adopted JUly 11, 1967--two exhibits not required by the Code were included in the Plan. The City Manager recommended that (1) no amendments be made to the Plan except as to Exhibit "B", where it was recommended that the minimum hourly wage for "functional" employees be increased from $1.50 to $2.00; (2) that the Code be amended to reflect the inclusion of the aforementioned exhibits (computing fractions and converting salary units and a schedule of allowances and reimbursables) in the Master Salary Plan as Schedules "H" and "J", respectlvely that the recommendations of the ANNUAL REVImT OF MASTER SALARY PLAN VIr MINUTE ORDERS A s h 0 rt recess was taken The meeting reconvened at 9:26 P .M ABSENT COUNCILMEN Drohan NOES COUNCILMEN Harvey, Hoffmire AYES In answer to the Chair's request for comment, the City Attorney expressed no objection to such reconsideration, if that was the Council's wish, although he felt the resolution was probably routine. Question on the motion was called for and defeated: COUNCILMEN Bremer, Fanning MOVED by Bremer, seconded by Fanning, that the Council withdraw adoption of Resolution No. 201 until the Englneer of Work and Special Bond Counsel were present to discuss the matter with the Council. Bremer questioned why the Engineer of Work was not present to answer the questions being raised. Staff responded he had another meeting and bond counsel also was unable to attend. The City Engineer stated he had re- viewed the Engineer's work, soils report, and had recommended some changes to be made, but he was still satisfied that a workmanlike job had been done Fanning asked why the contract was on an estimated rather than fixed- price basis, which led to an extended discussion of the proposed contract The City Engineer stated although he had not reviewed the Engineer of ~Nork's cost estimates recently, he could outline procedure by which muni- cipal construction costs and, ultimately, total bond sale are arrived at. From a basic construction cost of $136,000, the Assistant to the City Manager supplied actual figures for additional costs estimated, bringing the total to $263,000 plus 7% discount on bonds, or $282,000 total bond sale. Included was a 15% contingency factor of $22,000. As to who re- ceives monies if the work is accomplished at less than the bond sale, it was replied the rebate would go to the then-owners of the property. If costs ran over the total bond, the City Engineer stated they would simply stop work when costs had reached the bond limit. ABSENT COUNCILMEN Drohan NOES COUNCILMEN None AYES COUNCILMEN Breme r, Fanning Harvey Hoffmire Question on the motion was called for and unanimously passed before receiving the bond monies The City Council, Minutes #137 -3 March 25, 1968 By bill #48 dated March 18, 1968, Lt. Johansen reported a study of Tiburon Peninsula facilities for emergency disaster first aid revealed a need for such planning and he recommended (1) that the City immediately request a disaster first aid station to be based in Tiburon; (2) that the Council DISASTER FIRST AID STATION ABSENT COUNCILMEN Drohan NOES COUNCILMEN None AYES COUNCILMEN Bremer Fanning, Harvey Hoffmire Question on Harvey extended his congratulations to the Commission on project. the motion was called for and unanimously passed initiating Mrs. Polly Smith, Parks and Recreation Commission Chairman, was recognized and explained how this proposal had corne out of discussions on a possible par}~ ~ite on Hilarita land--a proposal that had since been abandoned. She adde~ the school was interested in using part of the area for outdoor recreational study. the Colored slides of the area, taken by Commissioner Allan Thompson, were exhibited. Mr. Thompson added the site is some 2-1/2 acres; that they desired to keep it as natural as possible and hoped the City might eventually acquire that portion of the site beyond the bou~aries of the School District. MOVED by Fanning, seconded by Bremer, that the City Council approve in pr~nciple the proposal reported in the agenda bill; that the Council authorize the Commission and Staff to proceed to negotiate with the Reed Union School District a proposal that could be presented that would be agreeable to both governing bodies. By bill #41 of March 5, 1968, the Secretary to the Parks and Recreation Commission reported on the Commission's request that the Council consider approving in principle negotiations between the Commission and Reed Union School District of a joint powers agreement leading to utilization of a wooded valley near the Reed School for park and recreation purposes by the two entities. It was estimated a capital outlay of $1,000 by the City might be ultimately involved. PROPOSED PARK SITE REED SCHOOL AREA ABSENT~ COUNCILMEN Drohan NOES COUNCILMEN None AYES COUNCILMEN Bremer, Fanning Harvey, Hoffmire Question on Mr. Hal Hobbs was recognized and also protested the use of the proposed formula as he felt dividing salary by 365 days was an unrealistic approach the amended motion was called for and unanimously passed Considerable discussion developed, and Bremer finally suggested that the varying viewpoints focused on the one line cited for computing daily pay rate, this could be dropped from the schedule because of infrequent use. It was noted, however, that the "hourly" rate was on this preceding "daily" rate; therefore, no change was made. a its based as Miss Anne Ellinwood was recognized, referring to her letter to the Council of this date and research she conducted on the manner in which other cities had computed fractions and converted salary units. She stated the simplest and best way to compute overtime compensation or part pay was on a formula based on the number of working days--being 260 annually, and strongly pro- tested the formula advanced in the exhibit whereby an ultimate hourly wage was derived through dividing salary by 365 days annually. Under this com- putation, she noted, a person being paid straight time for overtime work would recelve only 2/3rds of his normal straight time. ABSENT COUNCILMEN Drohan NOES COUNCILMEN None AYES The City COUNCILMEN Council Minutes Bremer #137 Fannlng, -4- Harvey, Hoffmire March 25, 1968 The City Council, Minutes L137 -5- March 25 1968 ask the Tiburon Fire Protection District for authorization to use Fire- house #1 as a temporary depot for storage of supplies and materials, and (3) that the Police Chief be authorized to further investigate and report on other phases of disaster/emergency care, personnel and organization, as enumerated in the agenda bill. The City Manager concurred in the re- commendations of Lt. Johansen, Chief Buecher and Chief Heynen and further recommended that Lt. Johap~en be authorized to study rescue and emergency services for situations other than disaster since at the present time there is no coordinated communication system for rescue and emergency service. MOVED by Harvey, seconded by Bremer, that the Counc.~ adopt the recommen- dations as listed in the subject agenda bill. Fanning requested that the City of Belvedere be included as their needs in case of emergency were as critical and inter-dependent as those of the City of Tiburon and he felt efforts of both cities should be coordinated. Question on the motion was called for and unanimously passed: AYES: COUNCILMEN: Bremer, Fanning, Harvey, Hoffmire NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Drohan The Chair directed Staff to contact the City of Belvedere in order that they might be included in whatever portions of the program they wished to participate in. VIII. REPORTS DEVELOPMENT ADMINISTRATOR - February There being no objection, the Chair directed the subject report received. TREASURER, CITY MANAGER FINANCIAL REPORTS There being no objection, the Chair directed Monthly Cash Flow statement, and Fund Receipts by Source statements be received. REGISTER OF CLAIMS - February MOVED by Fanning, seconded by Bremer, that Register of Claims No. 44 be accepted; unanimously passed. IX. QUESTIONS Hilari ta Bremer reported that he and Drohan would shortly have a committee report on pOSSible uses of Hilarita Housing land. Because of the importance of the subject, they recommended two hearings be held--the first at the Council's next r~gular meeting. Reedlands Woods Unit ~l Fanning reported the County has a lawsuit pending against the developer of Reedlands 1floods Unit :ltl--the area recently annexed to the City. For the City's protection, he suggested the City Attorney be authorized to enter the case as a party plaintiff for the City in the action. MOVED by Bremer, seconded by Fanning, that the City participate, at no cost to the City, with the County Counsel as a nominal party plaintiff in the County's suit against the subdivider of Reedland "'foods Unit .#1, a Mr. Spilio- tis; unanimously passed: A YES: COUNCILMEN: Bremer, Fanning, Harvey, Hoffmire l'JOES : COUNCILMEN: None ABSENT: COUNCILMEN: Drohan Relocation of Real Estate Office, Mar West & Tiburon Blvd. :F.~l1ning noted the press reported approval by Belvedere of relocation of a real estate office on the corner of Mar "'Test and Tiburon Boulevard--the The Chair reported that because of a promotion recently, there will be an opening for a captaincy in the Sheriff's Department, and he felt it would be an appropriate time for the City to express their support of the per- f011JanCe of Lt. Johansen, who is now senior lieutenant. Position The City Manager stated that if it were to be the Council's policy to refer street lighting to the Planning Commission, the Street Light Policy should be so amended. In acting on a street light at Lyford Drive and Tiburon Boulevard, Staff had followed now-existing procedure, which does not require such referral to the Planning Commission. Conforming to the sense of the ensuing discussion, the Chair directed that Staff shall refer matters per- taining to street lighting to the Planning Commission. At the City Manager's request, asking that such direction be formalized and incorporated in the Street Policy, the Chair directed that an appropriate amendment to the Policy be prepared for Council action. in Sheriff s Department Str_e_e_t_~_~gh_t_~~~_Cl! Lyford _Drive and In response to inquiry of the Chair, a resolution on the subject would be Tiburon Blvd the Development Administrator reported forthcoming shortly. Street Ligh t Po 1 icy Joint Powers-Planning Council ABSENT COUNCILMEN Drohan NOES COUNCILMEN None AYES MOVED by Bremer, seconded by Harvey, that the Council adopt the recommenda- tion of the Parks and Recreation Commission, submitting our approval of SB 231 to the apnropriate State legislative committee chairman urging favorable consideration of this bill; that because of the time element, Staff be instructed as a priority item to immediately poll members of the Planning Commission to ascertain their approval as well; that if there is such approval, a letter be submitted in accordance herewith, reflecting the positions of the Commissions and the City Council; on the other hand, if the poll indicates opposition at the Planning Gommission level, the Mayor shall immediately be so notified unanimously passed COUNCILMEN Bremer Fanning, Harvey Hoffmire Mrs. Polly Smith spoke on behalf of the Parks and Recreation Commission urged that the Council take action at this time to express its support. and Harvey asked if the Council wouldn't go on record in support of SB 231, a bill before the Legislature to extend the powers of the Bay Conservation and Davelorment Corr~lssion through the Corrmlseion's life. The City Manager noted the bill will be heard in Senate Committee on April 3rd. The Chair suggested that motion for support should be contingent upon Planning Com- mission approval. Senate ~ Harvey asked for a report on the status of Diviso Street improvements. The City Engineer replied he had been occupied with other projects since the last meeting, but would need to meet again with the committee to decide what needs to be done and would then prepare a cost estimate, as requested by the City Manager. Bill 231, BCDC Diviso street The Chair directed the Lands and Development matter and report back to the Council. Improvements Committee to check location being the subject of discussions between the two cities for an exchange of land to straighten out the cities' boundary lines. Fanning noted apparently no communication had been received by Tiburon from the City of Belvedere on the matter. The City Engineer stated he had been contacted a week or so ago and had turned the matter over to'the Development Adminis- trator, who confirmed a representative of Belvedere's Planning Commission had inquired about Tiburon's plans for development in the area. Fanning noted it had always been shown as a park area; the Development Administrator commented the real estate office would not be permanently placed on the site into the The City Council Minutes :/1:137 -6- March 25 1968 The City Council, Minutes L137 -7- March 25, 1968 MOVED by Hoffmire, seconded by Bremer, that the City express to Sheriff Mountanos their pleasure with the way Lt. Johansen has handled himself in duty for the City of Tiburon and indicate that they would be in favor of any promotion which might be appropriate for Lt. Johansen: unanimously passed: AYES: COUNCILMEN: Bremer, Fanning, Harvey, Hoffmire NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Drohan x. ADJOURNMENT At 10:52 P.M., the Chair declared the meeting adjourned ~ Approved by the City Council on /:' ~ R ~ 1968 - - r ,,/1' L-,,,"~ ,/ l / ~ (--..., - " M R" vOF THE I TIBURON { - \ Minutes /1-138 CITY COUNCIL 8 April 1968 CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, state of Califor- ~ia, was called to order at 8:07 P.M. on April 8, 1968 by Vice Mayor Thomas J. Drohan. II. ROLL CALL PRESENT: COUNCILMEN: Bremer, Drohan, Fanning, Harvey, Hoffmire (8:09 PM) ABSENT: COUNCILMEN: None EX OFFICIO: Lawrence D. Rose, City Manager Richard H. Breiner, Deputy City Attorney Ray \^J 0 Foreaker, Jr. , City Engineer Louis Fl. Brunini, Superintendent of Public Works Russell Melquist, Assistant to City Manager III. APPROVAL OF MINUTES MOVED by Bremer, seconded by Fanning, that Minutes P137 for the March 25, 1968 meeting be approved as submitted; unanimously passed. Mayor John S. Hoffmire, Jr. arrived and assumed the Chair. IV . ORDINANCES REZONING ASSESSOR'S PARCEL 58-100-38 FROM "p" to "R-3" ZONE Second Reading and Adoption Ordinance No. 14 N.S. By bill #38 of February 26, 1968, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENrING ORDINANCE NO.9 N.S., THE ZONING ORDI- NANCE OF THE CITY OF TIBURON TO RECLASSIFY CERTAIN REAL PROPERTY FROf1 THE "p" ZONE TO THE "R-3" ZONE now came on for second reading and adop- tion, having passed first reading on March 25, 1968 with the recommenda- tion that it be referred to the Parks and Recreation Commission for comment before second reading. Drohan reported the Parks and Recreation Commission was in favor of the rezoning; however, they would encourage inclusion of a stipulation that a 50' easement be established to serve as a connecting link in an over- all trail system planned by the Commission. Drohan stated it was not possible to incorporate this recommendation in the ordinance, but the comment should be inserted into the record and filed with the data on this parcel so that it might be available to the Commission when it is considering development. MOVED by Fanning, seconded by Bremer, that Ordinance No. 14 N.S. be adopted, being read by title only; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Harvey, Hoffmire NOES: COUNCILMEN: None ABSENT: COUNCILMEN: N:>ne The Chair directed that the request of the Parks and Recreation Com- mission be filed to become part of the record on the subject parcel. REZONING ASSESSOR'S PARCELS 58-191-19 and 20 FROM "RO-2" to "R-3" Continued Hearing for Second Reading By bill #37 of February 26, 1968, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S., THE ZONING ORDINANCE OF THE CITY OF TIBURON TO RECLASSIFY CERTAIN REAL PROPERTY FROM THE "RO-2" TO THE "R-3" ZONE came on for second reading and adoption. Dro- han stated that since first reading, a petition against such rezoning had been received on the basis the parcels should be retained as a buffer zone between apartment development and single family residential Drohan stated that subsequent action had been taken by the Board of Design Review in approving a density increase from 35 to 48 units, or 40% over the density of the plan originally approved before city-wide rezoning brought the property to the City's attention to correct what INTERIM SIGN ORDINANCE, URGENCY MEASURE Introduction) Readlng and Adoption Ordinance No. 15 N.S~ The Chair directed the Development Committee, and developer nevv Council's present legal matter be re-referred to the Lands and to work with representatives of the protestants on some of the points at issue. He also asked that the attention ne drawn to the possibility of changing the limit requirements for giving notice to affected persons Harvey stated that while he was in agreement that the subject should be returned to Committee, he wished to comment on the suggestion that the Council "look at the plans..I He felt it was poor practice to determine zoning based on a submitted development plan. Mrs. Lucy Zimmerman was recognized and also commented on the inade- quacy of notice. The Chair suggested the incoming Council might wish to consider increasing the 300' legal distance limitation to 500' or 1000' 0 The City Man~cer affirmed notice had been duly published, and residents within 300' of the affected property had been noticed. He offered for examination his list of persons so noticed Mr. Irving Moulin was recognized and also protested that improper notiflcation of hearing had been ~ade to Rolling Hills residents, since a resident withi11 300' of the affected property had not been notified of this hearing. Mr. Don Moulin was recogniz2d and stated Round Hll1 Road residerlt3 WEre not made aW2re of the application for re~o~ing until over this recent weekend and no protest~' had been @ade at previous hearing simply because residents were not aware of the m2tter. He asked that present zoning be retained. Mr. Bruce r~oody was previously-approved tional and pJrkin:; The Chair peca11cd more suitable" two parcels recognized and objected to a rezoning since the plan was based on using these parcels for reC~2a purpo2cs as a buffer between tre R-3 and OR area. that upon presentation of a plan that appeared approval had been given for the use of portions of tl c fvIr 0 Stanley l.'Jetre waD recognized, disagreeing wi th Attorney's rem3rks on density 2nd ask1ng if access from Round Hill Road posed for the p:.:rce 1 s . f/Ir ~ Hc Guil"'c replied it was not and furthe:;.... thnt the IIbuffer strip" \'laS already provided for 011 cels. McGuire Wo.s pr.~- commented these p.:1r- s I1Ir. Al Kuhn '.Jas :,"ecognized and stated the property was before the City a year and a half aGo., &t which time it was decided to create a buffer zone on vrhich nothing would be buil t f'.1r. Ja ck IJIoore that 2-bedroo:rl developments was recognized and disagreed with Mr. McGuire's assumption units attract2d lower-population families than 3-bedroo~ In commenting on the increased density figure~ Mr. McGuire said in the original plsn two-thirds of th2 38 townhouse units were to be 3-bedroom while under the pressntlY-~lpproved plan, there would be 49 units of mostly 2-bedro011~ He did not believe the revised, approved plan in- creased density in terms of population, even though adding 11 more units Mr. E. Warren McGuire, attorney representing applicants ~omas and Joan Frouge~ was recognized and stated that the two parcels had always been considered~ with their immediately adjacent parcels, as a singly-zoned piece of property but in drawing the new zoning map, the line was dr~~n which split the property~ putting the subject parcels in the RO-2 rather than R-3 zone. Secondly, he stated these parcels had no access off of Round Hill Bond but were only accessible from Marinero Circle~ and returning these two parcels to the multiple zone would have no impact on properties off of Hounj Hill R0ad appeared to be a Drohan stated he Fanning agreed drafting error in nssigning new zoning boundaries. wished to see the density matter reviewed~ to which Minut8s f!:J~8, I - ~ City Council -- 2- 8 ApriJ ~~968 Mr. Donald O. stutsman, Chairman, Housing Authority, was recognized and called upon architect Warren Callister and his representatives to present a diagrammatic plan for reuse of the Hilarita site through construction of moderate-income housing He stated there was also Mr. Philip Ehrlich, representing the Housing Authority, stated the issue was, to them, whether the City wanted to have moderate income housing or not--in any area. The debate as to the appropriateness of the matter being taken by the Council concluded with the ~irfs ruling that the hearing would proceed, would then be continued to the next regular meeting, after which another hearing could be scheduled Mr. Herbert E. Wenig, 65 Rolling ~fills Road, was recognized and stated he believed it was inappropriate for rezoning to be considered first by the Council as it was properly the Planning Commission's function. Bremer replied there were legal provisions, as well as precedent, for this action by the Council. Drohan stated the committee felt the subject matter important enough to span several meetings and they recommended that the hearing be con- tinued after hearing from those present, and that a third hearing date could then be set by the Planning Commission. Drohan stated the com- mittee had felt some form of moderate-income housing was d"esirable; the provision of low-income housing on the Tiburon Peninsula was not considered practical. As to why the matter was before the Council at this point--rather than Planning Commission--was the basic policy decisions which must be made were largely political, and he felt the Planning Commission would appreciate having some guidelines established when they considered the property for rezoning. Copies of the Com- mittee's report were distributed to the audience By bill #50 of March 19, 1968, the recommendations of the ad hoc com- mittee on future use of Hilarita Housing land were set out in some detail, i.e. that the property could best be utilized by multiple parti- cipation by the School District, the City--through its parks program-- and a controlled moderate-income housing facility buffered by residen- tial property, single-family dwellings. It was further recommended that such recommendations be implemented by execution with the Housing Authority of an agreement setting out the conditions of rezoning from RO-2 to R-3; and that the City support the. leased housing program, which it was hoped would relocate some present Hilarita residents who would be displaced by 1972 when the project is removed. REUSE OF HILARITA HOUSING SITE v . MINUTE ORDERS A short recess was taken The meeting reconvened at 9 12 P .M ABSENT COUNCILMEN None NOES COUNCILMEN None AYES MOVED by Drohan, seconded by Bremer, that Ordinance No. 15 N.S. be adopted as corrected, title only having been read; unanimously passed COUNCILMEN Breme r, Drohan, Fanning, Harvey, Hoffmire The above Bremer suggested changing Section 2, Definitlons, so that "conventional house numbers" second paragraph, should read "Conventional street numbers..." corrections were made in the text Drohan suggested revising the text in Section 5, adding to the last sentence the following phrase, contained in the comprehenSive sign ordinance which is yet to be introduced: "...and shall not be final until sixty (60) days after installation." In Section b, inserting at the end of next to last sentence the words "and complies with the pro- visions of Section 3." By bill #49 of March 19, 1968, an ordinance entitled AN URGENCY ORDINANCE OF THE CITY OF TIBURON R~GULATING THE USE OF SIGNS; PROVIDING FOR THE ISSUANCE OF PERMITS AND PR0VIDING PENALTIES FOR VIOLATIONS was introduced, the Planning Commission having held hearing on the proposed ordinance and recommended adoption. Minutes Jt138, II City Council -3- 8 April 1968 Mrs. Lucy Zimmerman was recognized and doubted the appropriateness of moderate-income housing in this area. She referred to the varying rental figures quoted, ranging from $115-$160 to $100-$240; and asked how it was possible to justify the difference in present Hilarita rents--between $54 and $80--and the last-quoted moderate-income rental range of $121.50 to $186. She noted nearby private apartments range in rental from $145 to $155. She questionned that such a program could adequately meet the needs of present Hilarlta residents and urged the City to maximize its involvement in the leased housing program. Mrs. Margaret their report land for the some years citizens, Azevedo was recognized, complimenting the Committee on and adding there were sound principles for rezoning the purposes described since it had been multiple-use zoned ago. She felt the City must recognize the needs of all its and urged acceptance of the programs proposed in the report. Mr. Wenig was again recognized and stated there was the question of whether 55 units could be economically financed and whether other pro- perty was available for moderate-income housing. Mr. Ehrlich stated, in answer to the Chair's questions, that no other suitable sites had been found and that of present Hilarita residents, 20 would be eligible to live in moderate-income housing, if provided. He added the natural turnover of 1/3 per year plus the availability of leased housing--if that plan were adopted--would permit relocation of some 10 Hilarita residents Mr. Ehrlich was again recognized, reiterating his previous statements that the Authority was not acting as proponents of anyone plan; but had, at the City's request, tried to obtain more information to present at this time. He added the Authority felt it was important for the City to participate in the planning of this property's uses Mr. Stanley 1.rare was recognized and objected to the direction the dis- cussion was taking on the basis that the Authority was not placing a formal request for rezoning before the Council, but apparently the City was inviting the Authority to approve what the City decided was best. Mr. ~v,rare asked if someone might speak to the reason why low cost hous- ing is impractical, determine if moderate-income housing is practical, and determine if Hilarita is the site which should be discussed for such housing. He objected to a rezoning heing considered based on any specific plan Mr. Alan Maremont was recognized, defining moderate income as being $6,050 annually for a single person and $11,250 for a family up to 7-8 persons. Harvey asked whether an economic feasibility study had been made of the property with respect to the kind of financing that is being discussed. Mr. Callister replied preliminary studies had been made. Mr. Ehrlich added, however, that cost estimates were based on 1968 building costs, not 1972 costs when the project could be built. He added no sales price had yet been established for the single-family lots but cited the sales figure to the School District, being $67,000 including severance for a 2.7 acre site. Mr. stutsman posed the questions which the Authority hoped the City would answer: (1) Is it the City's desire to reserve a portion for park use?, (2) Has the City any interest, pro or con, in a nursery on the site?, (3) Planning for a ring of single-family, 20,000-square- foot lots around the property poses severe problems in the use of the land and some resolution of the "buffering zone" must be made. Mr. Stutsman stated occupancy was limited to persons of f~oderate' income and rentals would range from $121.50 to $186.00. Mr. Layton, Callister and Payne, was recognized and outlined the con- struction plans for Hilarita lands. The exhibited map indicated (1) 2.5 acres of the land have now been taken by the Reed Union School District; (2) area was provided for 12 single-family, detached home- sites, with provision made for either a nursery school or park; (3) the 55-unit moderate-income housing would contain 1 to 4-bedroom apartment units. Because of economic reasons, it was felt this total might have to be increased to possibly 75 units. Mr. Layton noted there was , adequate provision made for landscaping and parking. before the Council a letter addressed the questions raised by the Committee that the City act--pro or con--on the by the Authority in response to 's report, as well as a request matter of a leased housing program Minutes .!,L138 ';,- , City Council -4- ::r~_ 8 April 1968 MOVED by Bremer, seconded by Harvey, that the Committee's recommenda- tion, as stated in the agenda bill, be adopted, with the inclusion of authorization of an estimated expenditure of $950 for engineering, to be funded from the 1968 Contingency Fund. Bremer noted the City Engineer's request for approval of an estimated $950 for engineering the project--to come from 1968 contingency fund-- and asked why the work could not be accomplished under the Engineer's retainer. The City Engineer responded the work could be done but at the sacrifice of other planned work, thus eliminating a substantial part of his daily services. Harvey asked whether any outside services would be procured by the Engineer; he replied there would be none. By bill #11 of April 2, 1968, the Public Services Committee recommended that because of the storm drain-landslide situation at the Noel property it would be appropriate to entirely divert water from the storm drain system from the hillside in the vicinity of the slide and reroute waters down Reed Ranch Road. The Committee recommended authori- zing the City Engineer to proceed immediately with design work to accomplish the drainage project and further, that the Council state its intent to include the cost of construction of the storm drain in the 1969 General Fund. RELOCATION OF STORM DRAIN Reed Ranch Road The Chair expressed leased housing program for adoption of the program pared. Having so directed, April 22, 1968 the sense of the Council that no be taken at this time until can be worked out and he Chair declared the action on the some of the details a resolution pre- hearing continued to Mr. Don Moulin was recogn~d and took the opportunity to compliment the Mayor on his service to the City, and recognized this as the last meeting of the Council at which he would preside. Mr. Irving Moulin was recognized and commented too on the fine job done by Harvey, first through TPAC, then as a Planning Commissioner and finally, on the Council Commenting on the absence of Hilarita residents, one unidentified member of the audience stated the residents had not been notified of the meeting, either by the Housing Authority or by the City. Mr. Irving Moulin was recognized and asked if it was realistic to consider "first residential" zoning for a portion of present Hilarita He urged the Council to act favorably on a leased housing program at this time, and the Chair so expressed his willingness to act. Mrs had Barbara Moulin was recognized and asked if the residents been consulted as to what they wished to occur at the'site Mr. was Clarence Bullard, amazed at what was Hilarita resident, was recognized and stated he termed "moderate-income" in the proposals. Mr. Maremont, representing a foundation explained a bank loan was used during a 40-year federal government loan was which covered the entire cost of the involved in construction, then obtained project , such construction, but at conclusion, at 3% interest, Mr. James Rickwagen, 110 Las Lomas Lane, was recognized and put questions leading to a discussion as to the features of the two separate programs--moderate-income housing and leased housing. Mr. Rickwagen asked how it was possible for a "non-profit corporation" to build hous- ing at a cost less than that proposed to make a corporation run?" Mr. E. J. Rising, Rolling Hills Road, was recognized and stated he didn't believe taxpayers of the community should be "subsidizing" these residents. Mr. Ehrlich replied it was recognized that moderate-income housing was not a complete solution to Hilarita residents' needs; that the leased housing program was accomplished with federal money and was not a cost to the local community. He added there was plenty of demand for this federal money elsewhere in the County and he hoped Tiburon could determine at this time whether they would participate.in the leased program. Drohan indicated he didn't feel action should be taken on the matter at this meeting. Minutes !:?138, City COuncil -5- 8 April 1968 Conforming to the sense of the Council, the Chair directed the matter be set for public hearing at the next regular meeting of the Council and that all surrounding property owners, as well as all petitioners be so notified, including owner Ted Steiger Drohan reported on agenda bill #47 that the Lands and Development Com- mittee now brought to the Council for approval request that an abate- ment hearing be scheduled at the next regular meeting to remove the nuisance caused by beekeeping operations at 10 st. Bernard Avenue. He noted the City offices have received a petition signed by Diviso street residents stating 20 hives of bees at the subject address were a public nuisance and asking that the owner abate the problem. ABATEMENT OF NUISANCE Bees kept at 10 st. Bernard Bees property of Ted Steiger Lane x Monthly report of the Superintendent of Public Works was accepted Chair, no persons being present to speak for or against QUESTIONS by the SUPERINTENDENT OF PUBLIC He added that Ifyear-to-date if! 0 RKS another column might column be added. February " be included on the report and suggested a 'l'here being no objection, the Chair directed the subject report be received TIBURON POLICE SHERIFF'S STATION March 1968 VI REPORTS ABSENT COUNCILMEN None NOES COUNCILMEN None AYES COUNCILMEN the motion was called for and unanimously passed Breme r, Drohan, fanning, Harvey Hoffmire QUEstion en Fanning commented on tre $50 annual incremental increases in audit fees since first contracting with the firm for auditing at a cost $700 of MOVED by Harvey, seconded by Hoffmire, mendation be adopted. that the City Manager s BY bill #52 of April 3, 1968, the City Manager recommended that the ~ firm of Sleezer and Ekchoff again be employed under contract to perform an audit of the City's books for the year ended 1967-68. The contract price of $900.00 was $50 higher than the last year's audit recom- CONTRACT FOR AUDIT OF CITY BOOKS 1967-68 FISCAL YEAR ABSENT COUNCILMEN None NOES COUNCILMEN None AYES COUNCILMEN Bremer, Drohan, Fanning, Harvey, Hoffmire Question on the motion was called for and unanimously passed Miss Anne 'Ellinwood was recognized and noted previous budget approval of $3300 had been given for the present revision of the drainage system, and she asked how much of this allocation could be deducted from the present request. Fanning stated the money allocated had been completely spent in accomplishing drain repairs. The drain had functioned rroperly all year but the land had continued to move at one point, and the lower drain had collapsed. Bremer noted the current expenditure was estimated to total $6,500. A discussion on needed to complete the work concluded after the City Engineer's of a 3-month time interval between approval and completion. It was agreed that a specified time placed in the authori- zation should not be binding upon the new Council. the time estimate Minutes {f138, ./ City Council -6- 8 April 1968 Minutes !>f138, City Council -7- 8 April 1968 TAYLOR TRACT REZONING Bremer stated he had received a petition signed by seven property owners petitioning for reconsideration of the Planning Commission's decision denying their request for rezoning of the Taylor Tract a rea. It was the sense of the Council that this petition be filed simultaneously with hearing on the matter, which was duly set for the next regular meeting of the Council. ELECTION AIDES Harvey noted the City would avail themselves of the volunteer services of students in processing the municipal election balloting and tallying. XI. ADJOL~~""MENT At 11: 48 P. M . , the Chalr declared the meeting adjourned. ---_.~\ /----~ \ /1. '- ( /, /' i (.-~~ I · City Clerk \pproved by the City Council on n1 /~ 1968 ~1inutes 4;139 CITY COUNCIL 16 April 1968 Amended Page 1 CITY OF TIBURON ill CANVAS OF RETURNS }I0VED by Bremer, seconded by Drohan, that Resolution No. 202 be adopted, declaring elected as Councilmen of the City of ~iburon for terms of four years each, Miss L~~e L~ Ellinwood and Mr. Denis ~. Rice; cerfifying further that the whole number of ~0tes cast in the City of Tiburon in said election were 1,184; that the names of the ?~rsons voted for were: Anne L. Ellinwood, Fred C. Hannahs, Fred R. Mantegani, Stephe:.~ H. Nash, and Denis T. Rice; that7the candidates were each a candidate' for one of two Gents to be vacated at the expiration of proper terms as fixed by law; that this Board finds that the number of votes cast in said election for each candidate for the office of Councilman was as follows: Consolidated Precinct #1 Consolidated Precinct #2 Lutheran Church Tiburon Peninsula Club Anne L. Ellinwood 90 Anne L. Ellinwood 211 Fred C. Hannahs 53 Fred C. Hannahs 135 Fred R. Mantegani 66 Fred R. Mantegani 204 Stephen H. Nash 88 Stephen H. Nash 88 Denis T. Rice 111 Denis T. Rice 178 Consolidated Precinct # 3 Del Mar Sehool Absentee Votes Cast--45 Anne L. Ellinwood 231 Anne L. Ellinwood 23 Fred C. Hannahs 100 Fred C. Hannahs 11 Fred R. Mantegani 139 Fred R. Mantegani 12 Stephen H. Nash 120 Stephen H. Nash 17 Denis T. Rice 297 Senis T. Rice 18 _.1, A.t the total number of votes cast throughouht. the City of Tiburon were as follows: Anne L. Ellinwood 555 Fred C. Hannahs 299 Fred R. Mantegani 421 Stephen H. Nash 313 Denis T. Rice 604 t~J.at the following two (2) persons, having received the highest number of votes for the office of Councilman of the City of Tiburon, are hereby declared to be elected as members of the City Council of the City of Tiburon for a term of four (4) years Anne L. Ellinwood 578 Denis T. Rice 622 The question being called for, the motion to adept carried: AYES: COUNCILMEN: Bremer, Drohan J Fanning, Harvey Hoffmire NOES: COUNCILMEN: None ABSENT: COUNCILMEN None DATED: May 14 1968 l',1inutes H139 CITY COUNCIL 16 April 1968 CITY OF TIBURON I. CALL TO ORDER The special meeting of the City Council, City of Tiburon, state of Califor- nia, was called to order at 8:09 P.M. on April 16, 1968 by Mayor John S. .offmire, Jr. II. ROLL CALL PRESENT: COUNCILMEN: Bremer, Drohan, Fanning, Harvey, Hoffmire ABSENT: COUNCILMEN: None EX OFFICIO: Lawrence D. Rose, City Manager-City Clerk Phil V. Scott, Development Administrator Louis F. Brunini, Superintendent of Public Forks Russell Melquist, Assistant to City Manager Samuel Shapero, City Treasurer III. CANVASS OF BALLOT The Chair announced the Council would now canvass the ballots cast in the April 9, 1968 municipal election at which two City Councilmen were selected for 4-year terms. The City Manager placed before the Council tally sheets ind preliminary statement of results of ballots cast, copy of the index of ~egistered voters, copy of 'roster of those voting, copies of lists of loters applying for and receiving absentee ballots, copies of precinct and absentee ballot rosters. The ballots themselves remained under seal, there being no request by the Council for opening and examination of the ballots. ~10VED by Bremer, seconded by Drohan, that Resolution No. 202 be adopted, A RESOLUTION OF THE CITY OF TIBURON CERTIFYING RESULTS OF MUNICIPAL ELECTION HELD IN'.~ND FOR THE CITY OF TIBURON, STATE OF CALIFORNIA, ON APRIL 9, 1968; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Harvey, Hoffmire NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None As Hoffmire stepped down from the Chair, Drohan expressed the Council's appreciation to Hoffmire for his service as Mayor. Both Hoffmire and Harvey extended their best wishes to the new Council and their congratulations to the two Councilmen-elect. IV . SEATING OF NEW CITY COUNCIL The Chair was assumed temporarily by the City Manage'r-City Clerk, who then admlnistered the oath of office to Miss Anne L. Ellinwood and Mr. Denis T. Rice. Having been duly sworn and presented with signed Certificates of Election, Ellinwood and Rice assumed their seats as members of the Council. V. SELECTION OF MAYOR The Chair announced that nominations would be received for the office of May 0 r . MOVED by Drohan, seconded by Fanning, that William R. Bremer be nominated to the office .of Mayor. MOVED by Ellinwood, seconded by Fanning, that nominations be closed. Tne Chair announced nominations were thereupon closed and instructed the Secretary to record a unanimously cast ballot for the office of Mayor. Bremer then assumed the Chair as Mayor. He stated he would defer appoint- ments to committees to the next regular meeting. VI. SELECTION OF VICE MAYOR TLle Chair declared nominations open for the office of Vice Mayor Minutes #139, City Counc il -2- 16 April 1968 MOVED by Ellinwood, seconded by Rice, that Thomas E. Drohan be nominated Vice Mayor. ~ohan expressed his regret that the pressure of business would prevent him _rom acting in this capacity and asked that his name be withdrawn. MOVED by Rice, seconded by Bremer, that Branwell Fanning be nominated to the office of Vice Mayor. There being no further nominations, the Chair declared the nominations closed, on motion by Ellinwood, seconded by Rice. The Chair then instructed the Secretary to cast a unanimously ballot for Fanning as Vice Mayor VII. OTHER BUSINESS Drohan stated a meeting of the Lands and Development Committee would be held on the site of Assessor's Parcels 58-191-19 and 20, Marinero Circle, on Saturday, April 20, 10:00 A.M. VIII. ADJOURNMENT MOVED by Fanning, seconded by Rice, that the meeting be adjourned; unani- mously passed, at 8:30 P.M. 41 Approved by the City Council on , 1968 The Committee also not~d the necessity to clarify the Zoning Ordinance as to the description of building height from grade and as to establish- ing more specific criteria fo~ determination of reduction in minimum par- cel area provided fo~ in Section lO-7(c)2 of the Ordinance. Drohan presented the Committee's report, which reached the following con- clusions: (1) the current zoning is consistent with the master plan fa? the City; (2) the County and the Planning Commission have attempted to m~l:e the best use of the property in recommending that the R-3 boundtlr~l be moved to cover almost the entire top of the ridge, but it was the Cornmi ttee' s opinion that extension of R-3 over the top of the ridge vlilJ. jeopardize the integrity of the RO-2 zone, causing rezoning of adj acen..t Parcel 21 and creating a strip of multiple on the d~lnhill side of an RO-2 area; (3) this will so affect adjacent property as to be diffic~lt for the City not to seriously consider extension of R-3 zoning further into the "RO-2ft bO\-ll. Snrnmarizing, the Committee felt the boundary line was properly dra\"ln and -t:he application should be denied \>1ithout prejudice ,. By bill ULof Feb:Lu;:~IY 26, 1968, an ordinance entitled AN ORDINANCE Or' THE CITY OF 1'IBURON TO RECLF..SSIFY CERTAIN REAL PROPERTY FROI1 THE II RO- 2 Il TO THE Ii R- 3" ZONE C2:Tl8 c.n [C:i.~ second reading. The matter was referred to the J..Iands and. Deve:_oprL~el1t. COInlT.i ttee at the April 8, 1968 meeting, ~Jhen the ordinance waG continued without further reading to allow applicant's representatives an opportunity to discuss the points in opposition raiSS0 at that hearing and to receive report of the Lands and Development Ccm- mittee. S~DIN~NCE TO REZONE AP 58-191-19 and ~ontinued Hearing - Second Reading 20 from RO-2 to R-3 \7.. Th~~ Chair o.nn0unccd Gome gOClls he v"ill attempt to reach as Hayor during t:~ Y:~2."!: 1 i'~,:-.1cng th2r.1 GnU po 0: clcck ~dj ournment. He asked that each comrni ttcc (,:IF:irm:-:!: estimate hO'd mu,::h t.irL1~ "viII be required ~lhen placing a bill on th'3 . .{jend..?,.. He ask~d Staff to Cl plan indicpting priority of bills so ('.',raid o7crloa<ling future pr(."'pa.re 2.92ndas. ORDINANCES 2 '1'i10 Ch.:-d.::- \."(~lc.:)mE,:1 .:"\n;J~ L. Ellin~;ood and Denis T. Rice to the Council, 0.:'~:(~ , ",-, ')1"'') (.3c1 appc}i::"~.m'.:.n.::s to t.he follo\ving coromi ttees : Lands and Developm21rc" Drohan, Chu.irm~"n ClnJ F("nning i Public Services Coromi ttee-Rice, Chairman and Ellj.,r'.\'lOOf}; ]\....:lmin:1.st:r~~~ tion and Finance-Fanning, Chairman and Bremer. Ellin- \'lDCd ~':0,S ~~ppointc.d i:he Cit:y IS rep:Lesentative to Association of Bay ArcJ. G0vcrnmen~s, with Rice named ~s alternate. ~.1~ tl L..; t~J3 8 DC IV III.. -.- ;:;nq]es tioi.1 of Ej.J5..n~'lc ad, 'taL..~n at 'i:h"~ J10.Xt l:"~gular ORGANIZATION APP~OVAL OF MINUTES the Chair directed that approval of meeting of the Council. or COUNCIL lin 1 "'.';:C ~j ~~wrence D. Rose, City Manager Rctert I. Conn, City Attorney Ri.chard Breiner, Deputy City Attorney Ray W. Foreaker, Jr., City Engineer Phil V. Scott, Development Administrator Louis F Brunini, Superintendent of Public Russell lelquist, Assistant to City I'.1anager No:::'ks EX OFFICIO ABSENT COUNCIT.JHEN ;; NGn9 PRESENT COUNCILIiEN Bremer Drohan Ellinwood, Fanning, Rice II rhe regular meeting of the City Council "'as called to order by r.!ayor l']illiam R. in the Ci.ty Hall Council Chambers. ROLL CAI..L City of Tiburon Bremer at 8:05 P , State of Californi~, .u. on April 22, 19,:)3 I CALL TO ORDER ~1inutes #140 CITY OF TIBURON CITY COUNCIL 22 April 1968 Fanning suggested dents under those the resolution should include Tiburon peninsula resi- cl.igible. Rice and Ellin~,vood suggested Ii lo\,,-income tJ Ellinwood stated that \.~llilc Ghc enthusiastically endorsed the program she felt the comrnunity should be aNare of the need to take concerted ~ction to prove the need for such housing and receive the highest quota possible for such units. MOVED by Fa~ning, seconded by Drohan, that Resolution 203 be adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON APPROVING THE APPLICATION IN THE CITY OF TIBURON OF THf' LEASED HOUSING PROGRAr1 AS ESTABLISHED BY SECTION 23 OF THE UNrrED STATES HOUSING ACT OF 1937. LEASED HOUSING PROGRAI1 Resolution No. 203 Fanning presented bill #57 dated April 16 1968 At the suggestion that the matter of adoption of the Leased Housing Program ~;-3.S also 0:1 this rnc?-ti ng' s agenda, the Chair directed this i tern to be taken at this time, after which hearing would continue on the Hilarita lands. The Chair announced this was n continuation of hearing opened on Apri~ 8 1968 for the purp~~~ of considering the matter of Hilarita Housing land. Drohan prcsGnted biJ.l #50 of March 19, 1968. He stated the ad hoc co~- mittee hnd conside~c~ the propriety of discussing the Hilarita lands Council level before going to the Planning Commission and felt the policy on whether moderate-income housing was desirable for the City transcended the mat.cer of zoning. The committee's recommendation was that moderate-income housing would enable young persons and elderly residents to live in Tiburon, which they felt was a benefit for all, an~ the Committee u~g8d that every effort be made to relocate present Hilar- it3 resid2nts who WiEh to remain in Tiburon, either through a leased ~ousing prog~.am or within the moderate-income housing plan. EEUSE BSC2use of th~ larg2 nw~ber of persons waiting to hear the matter of ~euse of the ililarita Housing property, the Chair declared this to be the next o~~s~ of busin0.ss. 01" HILARITA HOUSI:r-:G LAND VI It "t'la~ t.he City A'ttorncy' s opinion that a second motion stating the .i:c~o!li.ng "t'JCLS c1eriec1 l'wi thout prejudice II ~..,ould pern1i t submi t-!:a~. or any c.'.!.'~~' liC'..... ~ ,"- ) lr.,.'lg i.:hc same plan, which apparently \'las not the Coun,~il .~. . ~:2n 1.:.. SUSPENSION OF ORDER OF BUSINESS .... I~BSENT COUIJCrLr i~~1 iJ,-Jne P'JES COUNCILI'IEn Drohan Ellin\1ood , Fanning, Rice Bremer 'AYE S HOV3D by Fanning, seconded by Drohan re2ding by title only ~~d b9 adopted ~OtTl\~CILilEN : None that the ordinance be given seconu motion unanimously defeated: Ellinwocu 8ug]cstcd th2t a low swale in this vicinity be preserved by scenic C~S0ment or greenbelt in order to guarantee its remaining open Mr. Kuxt Heath was recognized and stated he would prefer this be left open until ~hc PI~nning Commission decided what they ,,,ished to do with it a Fanning Lo~ed receipt of four petitions bearing the signatures of 60 resi- dents who object to the rezoning on the basis that the subject parcels, as well as AP 58-191-21, were approved by the County as a buffer betw~~n he~vy density apartm2nts and siDgle-farnily residential, and they felt this should be maintained. Fanning added that during hearings on t~!8 Zoning Ordinance ~a protests had been heard from the owners regaYdins dr~wing of thA present bounda~y line. The City Attorney explained that a motion for second reading could be mace--~nd if the Committee's recommendations were accepted, would fail b~t ~h&t with a change of circumstances, the applicant could present a different application to the Planning Commission for consideration earlier tha~ the one-year waiting period. I1inu.i:es Jl it 140 City Council -2- 22 April 1968 ~lrs. Lucy Zimmerman was recognized and objected to the moderate-income housing plan as a "ghetto of tomorrow". She felt an all-out effort to\'Tard enlarging the leased housing progran s}~ould be made. Mrs. Jackie Parnell was recognized stating that during zoning ordinance hearings she and others had spoken strongly in favor of multi-family use for this land, and at the time, the Planninq Commission advised this was a policy decision \}hich would have to be made by the Council. In reply to the comment made by the previous speaker, she stated no one could buy property with a guarantee of zoning. She stated some Hilarita residents have lived there much longer than many other persons have lived in Tiburon and felt the City had an o~ligation to these Hilarita residents. A Brs above class Ilurlow was recognized stating she had purchased her property Hilarita Housing with the understanding it would revert to first- residential when the project was dismantled in 1972. Mr. Allan Littman, Vice Chairman of the Planning Commission, was recog- nized and stated the ad hoc committee's recommendations to rezone the property to R-3 for a 50-unit moderate-income housing project was taking jurisdiction from the Planning Commission, without giving them an oppor- tunity to exercise the function for which they were appointed. He felt the question of desirability of such housing was one for Council decision but any request for a zoning change which would be necessary at this location because of the decision should originate with the Commission The Chair emphasized the purpose of the hearings was simply to hear from the community and determine whether moderate-income housing was or was not desired. Two hearings at Council level were planned, after which the matter would pass to the Planning Commission for whatever number hearings they felt appropriate. of Mrs. Margaret Azevedo was recognized, speaking on behalf of r. Kenneth Lamott, chairman of a committee formed since the last meeting on behalf of Hilarita Housing residents. She noted the Council was in receipt of Hr. Lamott's letter in which this committee expressed approval in princi- ple of the Council's ad hoc committee report, but recommended that the number of units available for single-families be decreased from 12 to 10 to permit increasing the moderate-income housing by an addition 12 or 15 units, which \'Tould modify the plan known as "Plan CIl--presented by Callister and Payne at the last meeting--to 70 units. Further, if the nursery school were not constructed, the committee Hr. Lamott represented felt the land should be used for additional moderate-income units so as to lower rents overall. llr. Christopher Layton, Callister and Payne, was recognized and indicated on the exhibited map the area described by ~lrs. Azevedo. She asked that leased housing be utilized to the fullest to assist elderly persons presently at Hilarita. Finally, she suggested that a longer interval between this hearing and the next would permit proposed ideas to be more thoroughly investigated. REUSE OF HILARITA HOUSING LAND, CONTINUED HEARING ABSENT COUNCILHEN None NOES COUNCILLiEN None AYES COUNCILilEN Drohan Ellin\'lood Fanning Rice , Bremer Question on the motion tlrs. Thelma Kuhn ,vas recognized and asked whether present Hilarita Hous- ing residents would have priority over others applying under this program The Chair replied that although no priority system would be established, applicants would have to meet the one-year minimum residency on the Tiburon Peninsula in order to be considered. was called for and unanimously passed Mr. Herbert E. Wenig was recognized and asked if the figures used by the Housing Authority in arriving at the 10 rental units were available to the public; he was informed they were, and that a county-wide survey indicated a total of 200 such units. r1r. Phil Ehrlich, Housing Authoritv of Marin, also responded that the requirement that a 5% ~acancy factor be maintained affected the number of available units. be deleted from that line describinq eligible l'.linutes #140 City Council -3- families 22 April 1968 Fanning suggested that because of the overflm1 audience that the next hearing be held at Reed School and taken at a special meeting if the regular agenda was too full. The Chair asked Staff to prepare~a~liat1~f A I.trs. Gibson was recognized and asked whether moderate-income housing would be accomplished by the Authority or by private development. The Chair replied he understood the Authority ~lould convey their interest to a non-profit corporation which would develop the project according to federal laws. llr. Ehrlich confirmed this, and stated the property would remain on the tax rolls. Mrs. Barbara r~acgowan was recognized and stated her support of the ad hoc committee report as she felt inclusion of persons of lower incomes were an enrichment to the community. The City Manager requested clarification from the Chair as to his direc- tion that notices be sent for the next hearinq on this matter. The Chair responded he had intended publication in the Independent-Journal, or other publications available to Tiburon residents. Rice stated that Ellinwood had written a letter to the Council in January of 1968 indicating she was assembling data which might be useful. He felt it would be well also to have access to the results of the economic study made by the Callister and Payne firm and referred to at the last meeting The Development Administrator announced receipt of letter from ~1r. Clarence o. Bullard, dated April 22, 1968, proposing potential acquisi- tion and development of 10 acres of Hilarita housing land for 72 units at lower monthly rentals than under the previously-mentioned moderate- income project. Lengths of Residence (numbers 5 years or over 2 to 4 years 1 to 2 years Under 1 year Total of households 23 38 22 24 107 2 (from "Hilarita, Planning for Development-r Housing Authority of the County of I'~arin, a report 4/19/68, of the Exhibit A) Fanning asked for a show of hands of Hilarita residents present in the audience; a half-dozen persons indicated they lived at Hilarita. He also asked for information leading to the ioentification of Hilarita's "long-term" residents and asked that the latest figures be obtained, checked with the Housing Authority for accuracy, and these figures inserted in the minutes. The Chair so directed Staff to obtain this information. recorded herewith~ The Chair stated another public continuation of this hearing to hearing would be held and May 27th. announced Hr. Bruce Hoody \-Tas recognized and on finding where the RO-2 area ,..,as adjacent to the Hilarita property, stated the map did not accomplish the aims of the "resolutionll in that the buffer zone "vas not the property line. Bremer replied the committee report was not designed to coincide with the map; that the Council was not trying to infringe on Planning Commission jurisdiction but was simply attempting to resolve policy. Mr. Kurt Heath was recognized and asked why it wasn't more economically desirable to develop the Hilarita land with single-family residences and use the proceeds from the site elsewhere for the housing project mentioned. Ilr. Richard I.Iermin, Hilari ta Houping resident, was recognized, stating he found the argument that a mo~erate-incorne project would create another Ifundesirablell area rather specious. He referred to his letter of April 20, 1968 to the Council advocating lOH-income housing as the only practical help to Hi1arita residents. Mr. Phil Ehrlich, representing the Housing Authority, was recognized and cautioned that in comparing rental prices between moderate-income housing and private developments existing on the Peninsula, it should be noted that $186 monthly rental for one may be a 4-bedroom unit, and for the latter $186 would be for a studio apartment dinutes #140, City Council -4- 23 April 1968 ORDINANCE FOR INTERIH ZONING OF REEDL1\.rJn Introduction and Adoption Ordinance No HOODS UI'JIT 161'"1.8 # 1 VII. --- The Chair directed the Iuatter referred to the Public Services Committee to look into the complaint and attempt to seek a compromise. lIe announced the hearing would, therefore be continued to ~!ay 13, 1968 CONTIHU1\TION OF REGULAR ORDER OF BUSINESS In answer to Mr. Steiger's question as to what would occur if the hives were moved to another property, the Chair replied the abatement was against these bees being kept at the subjp.ct property. Drohan added if the hives were moved to another location ~vithin the City, this would constitute a new, and prohibited use in the R-l zone. firs. Gladys Hayford, 239 Diviso Road, was recognized and stated she was one of the petitioners. l1hile they appreciated the value of pollination she stated they objected to the droppings of increasing quantities of bees and submitted pictures of the effect of these droppings on her auto- mobile. She added she did not want to interfere with a hobby but felt this had progressed to a business. Mr. Steiger stated it was not a business venture but an agricultural project and his son did not sell honey in the area. The Chair stated he had received a letter dated April 21, 1968 from I1r John 1l. I"lcAlpine supporting I1r. Steiger' s position that his boy should be able to keep his bees. In a discussion as to the legality of keeping bees in an R-l zone, the City Attorney confirmed it was not legal to maintain bees in this zone but those at the subject location apparently had been there some 20 years in some cases and before adoption of the ordinance prohibiting them lIr. Ted Steiger was recognized and stated he had received the order to show cause and was representing his son, who maintains the bees. He questionned whether the material referred to could be traced to his son's bees since there were also wild bees in the area. He emphasized the value of bees in pollination ann stated the emissions occurred only after the bees had been confined in a rainy period. He stated 90% of the bees came from Tiburon and his son performed a service to the com- munity by picking up unwanted bees at different locations in Tiburon, including three school sites. The police, fire and agricultural depart- ments referred to his son for such help in ~emoving such hives. the public hearing open The Chair declared Fanning stated the Lands and Development Committee would recommend that the matter be taken under advisement and referred to Committee for recom- mendation, after opening the public hearin~ and hearing from the interested parties. By bill #47 of fIarch 14, 1968, the matter of abatement of public nuisance caused by~es at the s~bject property now came before the Council. A petition signed by eight neighbors of ~1r. Ted Steiger requested elimina- tion of the public nuisance caused by the presence of approximately 20 hives of bees at 10 St. Bernard Road. As stated in the petition, the bees have dropped material which has covered windol1S and patios and damaged the finish or automobiles. The petitioners sought relief from this problem and noted the hobby has apparently grown into a business being conducted in a heavily-populated residential area. PETITION Bees, at OF 10 1l.BATENENT OF PUBLIC IJUISANCE St. Bernard Road, propertv of lr Ted Steiger At the direction of the Chair the following taken; the order of business I.'Tas again revised and The meeting reconvened at 50 P . 1. A short recess priority items for the agenda, after which a decision could be made as to the necessity of a special meeting. He directed Staff to check 'vith Reed School on the availability of their facilities and stated announce- ment of the place of this continued hearing would be made at the next regular Council meeting. was taken 9 Li.inutes #140 City Council -5- 22 April 1968 i ~inutes # 14 0 City Council -6- 22 April 1968 By bill #55 of April 16, 1968, the Development Administrator recommended adoption Of an ordinance entitled }\N URGE!'JCY INTE~II1 ORDINAl';CE OF TEE CITY OF TIBUROI>J REGULl-\.TIl'JG THI: USE OF Ll\UD AND BUILDINGS, PROVIDING FOR THE ISSUANCE OF PERHITS, PROVIDING FOR ENFORCE. 'El"JT, AND PHOVIDING PENAL- TIES FOR VIOLATIOnS, such ordinance to zone the recently-annexed Reed- land tvoods Unit #1 subdivision as RI-B2, the County zoning in effect at time of annexation. MOVED by Drohan, seconded by Rice, that the ordinance be read by title only; unanimously passed~ AYES: COUNCILl-lEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILl"lEN: None ABSENT: COUNCILHr~N ~ None Title was so read by the Chair. HOVED by Drohan, seconded by Fanning, that the urgency Ordinance No. 16 N.S. be adopted. . Fanning stated that as a matter of future policy, he felt a governing zoning should be ready for assignment at the time of annexation. Rice asked whether something like an ~-l zone had been considered as he felt it would be simpler to administrate than injecting a County zone into the City's regulations. The City Attorney responded the urgency ordinance was only good for 90 days, after which a public hearing would take place on a new zone. He added that if the Council were considering changing the zone from that no\v sho'oln in the urgency ordinance, the developer should be so advised and the hearing continued. lIr. Larry Olin, developer of the subject property, was recognized and stated he agreed with Rice's suggestion for an R-l zoning in the interim period as development to date has not been in complete conformity with County RI-B2 and in fact has required from 8 to 10 variances. He felt R-l more closely conformed to development of the properties to date. Speaking individually and as a resident of the area, the City iianager was recognized and stated he would not want to see side yards reduced; that while there were instances where variances were granted, with so many undeveloped lots, he preferred not setting a precedent by reductions Mr. Olin responded that he favored 10' side setbacks, as in the RI-B2 zone Question on the motion '~as called for and unanimously passed: AYES: COUNC ILIl/iEN : Drohan, Ellinwood, Fanning, Rice, Bremer NOES~ COUNCILNI:N: None ABSENT: CQUNCILI'/IEN: None ORDINANCE ABATING PUBLIC NUISANCE, AB1\HDONED VEHICLES Introduction and First Reading By bill #54.. of April 16, 1968, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON PROVIDING FOR THr A,BATEHENT AND RE:~OVAL 1\5 PUBLIC NUISANCES OF ABAr..1DONED, tvnECI~ED, DISHAiiTLED OR INOPERATIVE VEIIICLES ON PRIVATE OR PUBLIC PROPERTY, NOT INCLUDING HIGH~vAYS, AND RECOVERY OF COSTS OF AD~1INISTRATION THEREOF AS AUTHORIZED BY SECTION 22660',. VEHICLE CODE carne on for introduction and first reading. The Chair inquired about the possibility of the City having a lien entry and wondered if this might not be included in the ordinance. The City Attorney responded this was a model ordinance, with provisions as per the Vehicle Code. I"-Ir. John S. Hoffmire, Jr. was recognized and stated he doubted that most abandoned vehicles would have value. Ellinwood recalled a Piedmont ordinance 'Alhich ",ould require that adminis- 'crative action be taken to remove abandoned vehicles within a given period of time, which would avoid the filing of a complaint and holding of a hearing, as required by the proposed ordinance for Tiburon. The City Attorney expressed an interest in seeing this Piedmont ordinance The Chair directed the Staff to prepare for the benefit of the new Public Services Committee a file which Hill bring them up to date on matters affecting streets. Rice stated h2 would approve the resolution as long as there was no implied approval given of any data submitted. By bill ~ of ~pril 16, 1968 the City Engineer requested adoption of a resolution required by the Streets and HighNays Code Section 2156 to the effect that the Council was aware of the conduct and results of a street deficiency study and report. The City Engineer added this was required by the Legislature every four years in order to determine gas tax fund requirements. The City Engineer had analyzed the entire street system, categorizing the streets as to capacity, condition or safety, and deficiencies and the cost of repair noted. A map, accompanied by a ~ries of data sheets, formed the basis of the report. He added that as a result of the study, a cyclical maintenance plan had evolved and this would be presented to the Council in budget sessions. APPROVAL OF STREET DEFICIENCY REPORT Resolution No. 205 SEC 2156 STREETS & HIGHt-JAYS CODE ABSENT COUNCILHEN None NOES COUNCILHEN None AYES ~10VED by Bremer, seconded by Fanning, that neso1ution No. 204 be adopted A RESOLUTION OF THE CITY OF TIBURON AU'rHORIZING SIGNING AND ENDORSING CHECKS AND OTHER INSTRUI1EHr.rS unanimous ly passed: COUNCILr,1EN Drohan El1in,.,ood Fanning Rice Bremer By bill #60 of April 17, 1968, the Assistant to the City ~1anager put before t~ouncil a proposed resolution rescinding Resolution No. 193 and authorizing the new Councilmen as authorized signators for purposes of endorsing checks and other instruments. AUTHORIZING SIG~JING Resolution No. 204 AHD ENDORSING OF CHECKS AND OTH1:R INSTRU!tlEi:!TS VIII The Chair directed the matter referred to the Lands and Development Com- mittee for study of what has transpired at all levels. Noting that Dr. Gonzalez was in the audience, he was invited to speak to the matter and declined because of the hour but ex~ressed the hope this item would be given priority when it was next considered RESOLUTIOI'JS By bill #59 of April 9, 1968, the Development Administrator referred to the Council Resolution No. 26, passed by the Planning Commission April 1 1968, conveying their recommendation for rezoning of the Taylor Tract area. By letter of April 8, 1968, signed by Dr. Ernest Gonzalez and seven other Taylor Tract property rn1ners, appeal from the Commission's decision was asked based on four enumerated reasons. CONSIDERATION OF ZONING OF PROPERTY, Referral to City Council of Petition VICINITY OF TAYLOn TRACT Rice referred to the exhibited photographs of examples of such abandoned vehicles and asked if the person on 'vhose property one of the vehicles was located was aware of the impending adoption of the ordinance. Drohen too asked whether the owner whose property was photographed in the exhibit might not be approached prior to the next meeting. The Chair cautioned that any action taken before the ordinance is enacted would be pre-judging the condition as a nuisance. ABSENT COUNCILI1EN None NOES COUNCILIIEN None AYES f10VED by Fanning, seconded by Drohan, that the ordinance be considered to have passed first reading, being read by title only. Title was so ready by the Chair, and the motion was unanimously passed: COUNCILI:IEN Drohan Ellin'\Vood Fanning Rice Bremer ~Iinutes #140 City Council -7- 22 April, 1968 Iinutes #140 City Council =8= 22 P..pri1 1968 HOVED by Fanning, seconded by Drohan, that Resolution No. 205 be adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CI':"Y OF TIBURON AUTHORIZING TH~ SUBHISSIOH OF THE 1968 CITY STREET DEFICIENCY STUDY; unanimously passed; AYES; COUNCILI1LN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILHEN: None ABSENT: COUNCILNEN: None IX. HINUTE onDERS EXTENSION OF ESPERANZA STREET Bill t5l of April 2, 1968 put before the Council report of the City Engineer concerning extension of Esperanza Street. The Chair directed the matter referred to Public Services Committee for study and report. JOINT PO't'JERS AGREEECN'l' - CITY-COUNTY PLAPNING COUNCIL By bill ~of April 9, 1968, the Development Administrator reported the Planning Commission on April 1, 1968 adopted Resolution #27 recommend- ing to the touncil that the City partici~ate in the City County Planning Council of darin and enter into a joint powers agreement therefor. The Chair noted that entrance into this Council '~ould require appointment of a Councilman and Commissioner. He asked the Development Administrator to co~municate to the Commission the necessity to naMe a representative to the Council, and asked for a volunteer from the Council for its representative to this organization. ~IOVED by Bremer, seconded by Drohan, that the City of Tiburon enter into a joint powers agreement for inclusion in the City County Planning Council of Marin; unanimously passed: AYES: COUNCILilEH: Drohan, Ellinwood, Fannin~, Rice, Bremer NOES: COUNC I Li"lEN : None ABSENT: COUNCILf'IE1J~ None BELVEDERE PERl1IT, LOCATION OF REAL ESTATE OFFICE By bill #58 of April 16, 1968, the Development Administrator reported that on April 15, 1968, the Board of Adjustments had recommended that the Council urge the City of Belvedere to take special note that land- scaping should be provided in the relocation of a building to be occupied by Home and Lane Co. at Tiburon Boulevard and nar West--within the City of Belvedere but adjacent to Tiburon's boundary. The following night the Board of Design Review had requested detailed plans be sub- mitted to Tiburon as to landscaping, exterior lighting and proposed signs before occupancy was approved. Fanning reported he had appeared before the City of Belvedere and ob- tained approval whereby the agreement between that City and the company would inure to Tiburon, should the land become part of this City in any land exchange. The real estate company had also asked for the opportunity to appear before the Planning Commission, and this was done. Fanning stated that the ccmpany was aware of discussions bet\veen the ttlO cities as to a land exchange in which this property would be involved. x. REPORTS TREASURER, CITY HANAGER There being no objection, the Chair directed that J10nthly Cash Flo~:l Statement and Fund Receipts by Source for ilarch, 1968 be accepted. REGISTER OF CLAIIiS #45 i..10VED by Ri ce seconded by Drohan that Register of Claims No. 45 be approved. ilr. John S. Hoffmire, Jr. was recognized and stated he had discussed this w~th the Railroad on other occasions when they had indicated their desire to close off the lot, and he had prevailed upon them to keep it open in the interests of Tiburon residents. He had understood the proposed use would The City Attorney responded that his interpretation of the PD zone indicate the City had a right to require a master plan to be filed any improvements were made. In this case, he understood there was no grading or improvement to the land and the fact money tvyould nO~.7 collected for parking previously permitted free would make no difference in its legal use. If it were true this was a new use, a master plan could be cequired and while conforming technically, the City Attorney pointed out that it was Staff's feeling the Railroad might just close off the parking lot if meeting the City's requirements proved too difficult. He noted the lot had been operated commercially prior to its free use. \'lould before to be be Ellinwood indicated she was very disturbed about the matter; that contacts with the County Planning Department indicated no use per~it had ever been issued to establish the "continued use'" claimed. She felt it was incumbent upon the Railroad to produce this permit. She asked whether issuance of the permit was improper considering the property was in the PD zone. rtice asked that the Council receive from the City Attorney an informal communication giving his comments as to the right of the North~lestern Pacific Railroad to operate an income-producing parking lot on their down- town Tiburon property so that the Council might be aware of this opinion when the City Manager issued a business license to the Railroad for this purpose. Drohan commented he believed the license was already issued; the City llanager confirmed it was in the process of issuance. Northwestern Pacific ~ R Co Issuance of Business License XI There being no objection, the Chair directed report of the Superintendent of Public Norks for the month of Y'larch, 1968 be accepted. QUESTIOHS SUPERINTENDE~T OF PUBLIC Ellinwood commented there was no claim for the City Engineer's services on this Register, although she had noted this occurred from tiWA~~ime and two payments were made in succeeding months. She noted the~udget for the City Engineer's services totaled $10,800 for the year--coming $7,700 from the General Fund and $3,100 from the Gas Tax Engineering Fund, and over and above that, payments were made for specific projects. At the~~?~~~~ of the 8th month, she noted $8,808 had been paid the Cit" Engine~7"';aIthOugh.i ~~ ~dqJij:__t_o~t'pl ~J,A700, ~m "the: eebcl:al PUlnl. Also, she noted that~ ~f ~,~ $~,~'nas~~pa~d hl~tO te--including capital outlay and capital improvement funds--but she was not aware of any resolution authorizing transfers of funds to account for these payments. She asked that between now and submission of the next Register that a complete report be made as to the payments made to the City Engineer, broken down by fund source and correlated with the budget. The Chair directed that this report be prepared. l'!O RKS Ellinwood asked what the purpose of ratifying the Register might be if the payments were already made. The City I1anager responded that the resolution under which the City operates in this regard was so prepared to require that the City ~anager certifies that each expenditure is a budgeted item for which there are funds, and payments are then made to keep accounts on a timely basis. The Chair recommended that the present procedure be followed until a specific problem developed. ABSENT COUNCILI iEi.j None NOES COUNCILrlEP: None AYES COUNC ILJ.-'IEN Drohan Ellin\-!ood Fanning Rice Bremer called for and unanimously passed Question on the motion Ellinwood asked for an explanation of some of the items listed and then suggested that another column be added to this report which would state briefly the purpose of the expenditure so the Council could readily see nature of the expense. The Chair directed Staff to prepare the report this addition. categorizing the nature of the payments. t.., as the tv i th Hinutes #140 City Council -9- 22 April 1968 ~'linutes it 140, City Council -10- 22 April 1968 result in grading and cleanin0 up of the lot making it more presentable Ellinwood stated she agreed with the Railroad's right to use their property but disagreed with the assumption that an administrative arrangement could be made without some kind of public exposure of the problem. She stated no exploration had been made into the possibilities of a parking district and felt the City should address itself to the parking problem; that it was premature to issue a license without having these fundamentals worked out. The City Attorney pointed out that obtaining a business license did not necessarily mean approval for operation of a parking lot. The Chair suggested that the matter be referred to committee, and Rice suggested a motion be passed to prohibit issuance of the business license until the Planning Commission had approved the proposed use. r lotion by Ellinwood to rescind issuance of the license was not seconded. The Chair directed that an ad hoc committee of Fanning and Rice meet with the Railroad's representatives, and \'1ith the Public Services Committee prepare a parking report; and that Staff be directed to withhold issuance of a business license to the Railroad until said ad hoc committee reports to the Council its findings and recommendations within two weeks. Public notice Fanning submitted draft of a statement which he felt would provide a basis for establishing policy in giving public notice. Reversionary Rights to Northwestern Pacific Railroad night-of-Way Fanning reported discussions were continuing with holders of the reversionary rights to the Nt~RR right-of-way and he noted a special meeting might be necessary to act on an offer for purchase of the rights. Ellinuood asked if it might not be possible to adjourn such spcial meeting to a study session at which a pre-agreed upon agenda of 4 or 5 items of public interest during the Council campaign could be discussed. It was recognized by the Council that a special meeting would be called for the purpose of consider- ing proposals as to the purchase of the right-of-way and also a study session. Annual Regatta - Opening Day The Chair reminded the Council that opening day of the yachting season '7ould be April 28 and Council members ,..,ere invited to participate by the Corinthian Yacht Club. XII. ADJounNJTENT At 12:01 A.M., April 23, 1968, the Chair declared the meeting adjourned --- ') )' ~ I. . '. / (.'.. . / . (.-, - ( City Clerk Approved by the City Council on As for development of the land for other than recreational use, Fanning stated that while development on such narrow strips has been accomplished, he felt Tiburon's zoning control was strong enough to make commercial development infeasible. Fanning stated the reversionary interested offered to the City would commence approximately 100' from the downtown end of San Rafael Avenue and go through the old "Little Reed Ranch" to the base of the trestle. A present offer, which this meeting had been called to consider, indicates the land would extend to the mouth of the tunnel underneath Reed Ranch Road--a total of approximately 1.9 miles at an average width of from 50' to 60'. He noted the City's interest was that this is the longest stretch of on-grade path along the waterfront available in the entire community and as a path, would serve as a safe way connecting Reed, Del Mar and the new high school site if the remainder of the right-of-way were obtained, all schools on the ~eninsula, excepting Granada would be connected as it passes through the ~lew junior high school site as well as Bel Aire School. Fanning reviewed the background of the reversionary rights to the Northwesten Pacific Railroad right-of-way, stating that as far back as 1956, all master planning for the Peninsula had indicated the use of the railroad right-of- 'ay, when abandoned, to be a scenic path for hiking and biking. About 1-1/2 years ago, he stated successors in interest to the reverionsary rights had approached the City as to their interest in purchase of the rights but as the railroad was then still operating along the right-of-way, no action was taken by the City. On April 8, 1968, he reported the City Council had received a petition containing 380 signatures of citizens urging the City to acquire the right-of-way and asking that this be placed in highest priority by the City. Petition circulqtors were Mr. Al Sennett of Little Reed Heights and Mr. Donald Tayer, Reedlands resident. It was noted the petition has also been transmitted to the City of Belvedere. REVERSIONARY 1he Chair announced the matter would be continued to May 13 and placed in the Public Services Committee~ after dissolving the ad hoc committee. Fan- ning suggested that full publicity be given that the item would be heard on May 13. The Chair directed Staff to allot an hour's time on the agenda. INTEREST IN NORTHWESTERN PACIFIC RAILROAD RIGHT-OF-WAY Fanning stated that at a meeting this date with the ad hoc committee and representatives of the Northwestern Pacific Railroad, it was agreed to put over any further discussion of the matter until the Council's first regular me~ting in May, being May 13th, by which time the matter would have been before the Planning Commission. He stated it would come before the Council for determination as to whether the City Manager was correct or incorrect in preparing a business license, which has not been delivered on order of the Chair. ISSUANCE OF BUSINESS LICENSE TO The Chair stated the announced purpose of the meeting was (1) to discuss the issuance of a business license to the Northwestern Pacific Railroad Company for operation of a parking lot and (2) to discuss an offer to sell the rever- sionary rights of the Northwestern Pacific Railroad right-of-way. NWPRR III SPECIAL ORDER OF BUSINESS Russell Melquist, Assistant to City Manager Robert I. Conn, City Attorney Richard H. Breiner, Deputy City Attorney EX OFFICIO ABSENT COUNCILMEN None Drohan, Bremer PRESENT COUNCILMEN Ellinwood (7:42 P.M ), Fanning, Ri c e , II Pursuant to notice duly given, a special meeting of the City Counci~ City of Tiburon, State of California, was called to order at 7:40 P.M. on April 25, 1968 in the City Hall Council Chambers by Mayor William R Bremer ROLL CALL I CALL TO ORDER Minutes #141 CITY OF TIEURON CITY COUNCIL 25 April 1968 Mr. Samuel Shapero, desirable to obtain City Treas urer, the right-of-way was recognized and while he first through negotiation, felt it if there was Dr. George Ellman, spokesman for the Parks and Recreation Commission, was recognized and stated this acquisition was an item of first priority to the ;ommission and of vital interest to all citizens, as evidenced by all plan- ~ling since 1956. He stated many calls have come to him from Belvedere resi- dents indicating their interest in seeing the right-of-way acquired for recreational purposes and he felt that city should be approached as to financial participation. Mr. Donald Tayer, President of the Reedlands Property Owners Association, was recognized. He urged the Council's affirmative action in acquisition of this property and cited its benefits to the community, serving as a pathway for school children connecting neighborhoods and schools, an aid to the Tiburon commuter, and of recreational value to the entire Tiburon Peninsula He felt all Peninsula residents would endorse such purchase. In answer to Fanning's question as to financial help that might be forthcoming from the Reedlands, Mr. Tayer responded that while he could make no definite commit- ment, he felt sure there were residents of sufficient money and interest to make contributions and the RPOA Board would undertake a solicitation cam- paign. A discussion ensued as to the effect of the railroad's easement, the Chair stating the only interest of the railroad would appear to be an easement solely for the purpose of operating a railroad: Mr. Bernt stated that con- siderable research indicated no cases in which an easement granted and then abandoned could be regranted without specific conveyance; that an easement could only be granted by prescriptive right or by grant and once the rails were taken up, the railroad would have no legal right to recapture their lost )r abandoned right except by prescriptive or adverse use. In answer to a question as to how the railroad could have an easement over their own pro- perty, he stated the railroad did not have fee title and had, in fact, made an offer to his clients of $20,000 for their interest. In first negotiations with the City, the sum of $50,000 had been mentioned and he confirmed dis- cussions were now at the $40,000 figure. Mr. C. John Bernt, attorney representing the owners, was recognized and stated he held opinion written by California Land Title Company indicating title was insurable and after extended research, he was convinced it was a good title, subject to the railroad's easement over the property. He added the title company has advised his client's interests extend almost to the tunnel, previously mentioned. Fanning indicated such discussions Indicated the holders of the interest were willing to sell to the City for $40,000. Financing offiuc~_fiAqm_might come from $10,000 available in various park funds and it wa~^1nOped that federal funds, through the open space program, might be employed on a match- ing basis. Fanning noted, however, that if a purchase contract is already entered into before application is made, the federal funds could not be made l~~atr~~~mm~9t~Jaa~~Irtst \\~ld'i~C1 ta~ thq~:r;,~oWaJ\: t\9R\!bgUfift!lCf~deWl a,sJhd9l\.70tth~ In? 1&;~rl~R~e as ;ne no~aers or ~he rev~rs~onary 1nterest~were anxious to sett~e tne matter and had other parties interested in purchase. He referred to letters from the attorney of the owners stating they were willing to accept an offer in cash or upon such other acceptable terms as may be proposed, and stating title insurance will be assured. Fanning then read language of the original deed granted October 2, 1886 by John J. Reed to the San Francisco and San Rafael Railroad Company, conveying to the railroad all that defined land "for the use and purpose of a way and right-of-way for the railroad and for no other purpose". He reported that as far as can be determined, the Railroad has never purchased the fee from any of the descendent owners and at this point, it is still available from the reported successors in interest to these reversionary rights, being Messrs. Francis Newton, J. Benton Bostick, Jr. and a no-longer existing corporation called "Time Pacific Corporation", the parties with whom dis- cussions have been held through their attorney for acquisition of their interest. Fanning stated the Public utilities Commission has given the railroad per- mission to abandon the route, and the railroad is now pulling some track and plan to salvage the railroad trestle. On advice of their engineers, they will seal the tunnel under Reed Ranch Road before abandoning the property. Fanning noted the tunnel and underlying rights were not included in any pur- chase of the reversionary rights. Minutes #141, City Council -2- 25 April 1968 In the discussion on option terms, Mr. Bernt stated he had no authority from is clients to grant an option or discuss a purchase price under $40,000. He uuggested that if the Council authorized purchase at $40,000 and for a nominal option fee of $100 entered into an option agreement for a very limited time, this would allow the City to make its application for federal money and exercise the option, possibly within 24 hours, since it was his cnderstanding it was necessary only to apply, not receive approval, in order tc qualify the application. The City Attorney responded he did not believe the application alone was sufficient and it would take a considerable period of time to obtain a commitment from the fQderal agency Ellinwood expressed the thought that the $40,000 purchase price was only 10~ a square foot, but she was concerned about the City taking actlon which might interfere with future participation in open space monies for acquisi- tion and improvements. She stated she was also disturbed about the lack of financial information as to the City's funds--surpluses and reserves--that might be transferred for this transaction and stated that if this were to go on the tax rate, it would amount to 18~ and she wanted to protect the tax- payers at least by half, 9~ or 10~, of that amount through federal funds. Fanning stated that during the recess phone calls had been made to determine the status of the City with regard to federal money that might be obtained from the Housing and Urban Development open space program as it appeared if an option to purchase were arrived at, this would give the City time to make application for matching federal funds through HUD but if a contract were already executed prior to application, the City would be precluded from such monies. .d recess was declared The meeting reconvened at 9:23 P .M ABSENT COUNCILMEN None NOES COUNCILMEN None AYES MOVED by Fanning, seconded by Drohan Jesiring to acquire the right-of-way unanimously passed: COUNCILMEN Drohan, Ellinwood, that the Council as offered by Mr. Fanning, Rice, Bremer go on record as Bernt's clients ; , Mr. Fred Mantegani was recognized and stated that if the City wanted this rJgh-c-of-.way.1 they should be prepared to pay for it; but he felt the matter should be put over for a few weeks to allow neighborhood associations and other interested citizens to express more precisely their willingness to pay for the acquisition~ At the Chair's request, the City Attorney stated he had not had an opportunity to study and research the matter in detail, but it was his opinion there was serious question regarding the railroad easement, since it was his understand~ ing that were an easement is obtained by grant--as in this case--it was not lost by non-user so if the railroad were to abandon the right-of-way and even tear up the rails, they would not have lost the easement to use for rail- road purposes--as described in the original deed--and could, in fact, even sell such rights to BART, for instance. It was his opinion that the only way the railroad could lose the use would be by abandonment and release in writing qnd he did not feel the PUC permission to abandon would affect this right. \ssuming the City purchased the interest of Mr. Bernt's clients, he did not feel the City could construct anything on the land that would prohibit its use for a railway. As to the taking by eminent domain, he agreed this could be done but at a very high cost. rn1 ere Mrs. Iris Suhl, Pine Terrace resident, was position on behalf of Pine Terrace owners. was no opposition expressed to the purchase of the right-of-way Mr. Robert McInnis, relDarks stating the Del Del Mar resident, Mar residents recognized and expressed the was recognized and endorsed Mr. Tayer's would also approve of the purchase. same Mrs. James Morgan, Belveron resident, was recognized and stated that when vTest Belveron was added to East Belveron, title reports indicated their rights acquired ran to the tunnel and she asked what interest the City would have in ~he land from the tunnel to the trestle as deeds of some Belveron residents 8howed they held easements on the land. were adverse interests through condemnation Minutes .Jl14l the City might be City Council -.3.- liable to, they could be cleared 25 April 1968 Ellinwood further inquired of the City Attorney whether it could conceivably be possible for the City to operate a commuter service over the right-of-way The City Attorney replied the City could do anything not inconsistent with ~he previously-described use as a railroad right-of-way but stated it would r:~t be possible to pave over existing tracks or construct in the right-of- way Rice stated that while the price seemed to be good, the contract hinged obtaining title insurance and there was need to look into the easements ~eported by the Belveron residents. He concluded this acquisition would give the City desirable real estate for combination park-trail use on In summarizing the situation, Fanning stated he felt $35,000 was worth the assurance to the City that they could have this land for hiking and biking purposes and he did not believe there was risk to the City so long as title insurance was received. Drohan agreed with the statement. ~h2 Chair asked whether the City's acquisition would remove the land from the tax rolls and the Deputy City Attorney replied the railroad would still have a proprietory interest but the rate would probably be low. Fanning pointed out that most of the value of the railroad land had been taxed on the basis of personal property rather than real estate Mr. Bernt added that between the City Attorney and himself, it would take probably a week or so to draw up an acceptable sales agreement during which time it was presumed the City would take advantage of the time to make 2pplication to HUD for open space funds. ~he Chair stated he was given to understand the City was in a position now to make acquisition of the property at $35,000, Which would be acceptable to the Sellers) conditioned on normal escrow proceduresJ title insurance, and under the warranties and safeguards the City Attorney might require, and it ',Jas suggested that the time in escrow be spent raising the funds necessary. He stated the Sellers were not willing to grant an option for the period stated and at best, could only extend a few days during which contact could be made with HUD. Mr. B2rnt asked if he might make a call to his clients since he had no Duthority to act in their behalf on the motion before the Council. For this purpose a recess was called The meeting reconvened at 10:38 P.M. F2nntng indicated conversations as of t~o City's application for open to the federal government's acceptance space monies did not look too encouraging ~oved by Rice: seconded by Drohan, that we authorize the Mayor on behalf of the City to enter into an option agreement wIth Mr. C. John Bernt's clients to acquire right, title and interest to that property recorded in Volume 4, Page 54 of Marin County records, commonly known a's the Northwe~:rt;~~.n Pacific Railroad right-of-way, on the following terms: the option to be for a period of no more than 120 days from the date of execution; the price of the option to be $100.00; the option to be irrevocable on the part of the Sellers during the option period; the exercise price of the option to be in no event in excess of $40,000, payable $10,000 at the close of escrow and the balance of the purchase price payable as negotiated; the terms of exercise of the option shall call for the opening of an escrow at a title company to be selected by the M3yor and shall provide, among other terms as may be negotiated by and acceptable to the Mayor, for the obtaining of a title insurance policy acceptable to the Mayor in a sum at least equal to the exercise price, for the acquisition under D grant deed with all the usual warranties plus gU2r~nteed by adequste title coverage; further, that the Mayor do all things n~cessary and appropriate to carry out the transaction as will be necessary to b2St protect the interests of the City. Mr. Victor Banks, appraiser and Planning Commission: was recognized and stated the City was apparently the best, and only, customer for these rights but the period of time asked for in the option under discussion was inade- quate since it was" not 'pos'sible.'t(5..~Obtain an' apprais-el .in-.J:.essq than 30-45 days and he felt an application to HUD would take some 90-120 days. Drohan sgreed with the statement. Fanning mentioned the owners of the rights had previously indicated their vlillingness to wait until sometime in the first quarter of the next fiscal year for the balance of the sales price, after an agreed-to down payment. The Chair stated the sale would have to be escrowed. and conditions of title guarantee met by an acceptable title policy Mlnutcs .-!f141.J /I City CoUne tl -4- 25 Apr i I 1968 Minutes 1/141, City Council -5- 25 April 1968 Ellinwood stated she agreed with Rice's comments but regretted the manner in which the proposal had been brought to the Council, lacking full information on all elements of the problem as well as a financial analysis of the City's position. The Chair stated that while this criticism was perhaps correct, because of the emergency nature of the proposal, he felt Fanning and Staff should be complimented on bringing as much as was presented to the Council. It being the sense of the Council that a sales agreement would be entered Into with the Sellers, Rice, with Drohan's approval withdrew the foregoing motion. MOVED by Rice, seconded by Fanning, that the City of Tiburon take all steps necessary or appropriate to the acquisition of the real property commonly known as the Northwestern Pacific Railroad right-of-way, being that property described in the deed from John J. Reed to the San Francisco and San Rafael Railroad dated October 2, 1886, recorded in Marin County records Volume 4, Page 54; that the acquisition of this property be for a purchase price not to exceed $35,000; that the acquisition be by means of grant deed with the usual warranties, to be backed by a policy of title insurance assuring fee title to the City as Purchaser, and that the Mayor of the City of Tiburon be directed to take all steps in his discretion to carry out the foregoing intentions, including but not limited to the execution of contracts of purchase and sale, deposit receipts, escrow instructions and the like. Mr. Bernt noted the contract would be subject to all customary contract of sale provisions and that a policy of title insurance would probably run a bo u t $187.50. Question on the motion was called for and unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Rice stated the record should show that earlier in the meeting the Council's attention had been directed to deeds held by certain Belveron residents, which deeds also refer to the properties as incorporating the railroad right- of-way, and before the Mayor finally passes on the appropriateness of the title insurance, this matter should be checked out. As to whether this motion constituted an agreement to buy, the City Attorney stated it authorized the Mayor to purchase the right-of-way on the terms stated. Fanning stated that as to the Belveron Gardens properties, the original 0ffer by Sellers did not include this land, although it was possible the :itle company would Include this as part of the purchase. The Chair directed the Assistant to the City Manager to immediately start on financing arrangements and directed the City Attorney to work up the contract IV. ADJOURNMENT The purposes of the meeting having been fulfilled, the Chair declared the meeting adjourned at 11:08 P.M. ~ - . - Approved by the City Council on: .~. , 1968 Mr. W. A. Finsterbusch, Assistant Manager of the Real Estate Department, Northwestern Pacific Railroad Company, was recognized and stated that aside from the legal questions involved, he hoped the Council could decide at this time whether or not it supported pay parking at this Drohan stated that from reading the Planning Commission minutes, it would appear the Railroad stated their only alternative to a pay-lot was to close the present facility down Ellinwood stated there was a legal question between the Railroad and the City as well as a question of the lawfulness of the continuing use She asked that a committee meet with Railroad representatives and try to resolve some of the legal aspects of the problem before the next meet; ing. ~ agenda bill #65 of May 3, 1968, Rice reported that an ad hoc com- mittee of himself and Fanning had met with Northwestern Pacific Rail- road representatives as to the use by the Railroad of their downtown property as a commercial parking lot. EY letter of April 29, 1968, the City Attorney had been asked a series of questions concerning the legal problems involved and the Committee's recommendation would not be made until a response to the questions was received. He stated a survey of ferry commuters indicated their willingness to pay for downtown park- ing. BUSINESS LICENSE SUSPENSION, Hearing on Order of Council NOR'mWESTERN PACIFIC RAILROAD The above corrections unanimously passed. IV MINUTE ORDERS being noted, Fanning noted Minutes #140 should be corrected on page 6, 5th paragraph, 1st line, to read "R-l" rather than "RR-l" zone. In Minutes #141, 2nd page, 3rd paragraph, 3rd line, he nnked that the words "it was also hoped" be changed to "it had been hoped..."; and at the end of the 7th line, that the following be added: "and he recommended against holding up this pro.1ect hoping that federal funds would be available - ~ question was called for and motion was Ellinwood asked for the following corrections to Minutes #140 Page 9, 3rd paragraph, insert word "retainer" between words "the" and budget" in 3rd line; insert "from the General Fund" between "City Engineer" and "al_ though" in 7th line; insert "with regard to General Fund pa entsll at be- ginning of 9th line J before "$13, 57 - as en. . . MOVED by Rice, seconded by Fanning, that Minutes #138, 140 and 141 for the meetings of April 8, April 22 and April 25, 1968, respectively, be approved. The Chair noted Staff had supplied an amendment to Minutes #139 for the special meeting of April 16, 1968 to include a canvass of returns for the recent municipal election. Because, as noted by Ellinwood, absentee ballots were not included in this count, Staff was instructed to resubmit said amend- ment and Minutes #139 were passed at this time with no action. III Lawrence D. Rose, City Manager Richard H. Breiner, Deputy City Attorney Ray W. Foreaker, Jr., City Engineer Phil V. Scott, Development Administrator Louis F. Brun1ni, Superintendent of Public Russell Melquist, Assistant to City Manager APPROVAL OF MINUTES Works EX OFFICIO ABSENT COUNCILMEN None PRESENT COUNCILMEN: Breme r , Drohan, Ellinwood, Fanning, Rice II The regular meeting of the City Council, City of Tiburon n1a, was called to order by Mayor William R. Bremer at 8 1968 in the City Hall Council Chambers. ROLL CALL , . State of Califor- 10 P.M. on May 13, I CALL TO ORDER Minutes lll42 CITY OF TIBURON CITY COUNCIL 13 May 1968 Minutes #142, City Counc il -2- 13 May 1968 location. Rice suggested a lower rate might be extended to Tiburon residents, and Mr. Finsterbusch agreed a lower weekday rate might be worked out. Ellinwood suggested that as in Sausalito, a 2-hour courtesy parking privilege be given to local residents and felt a special area might be set aside for this and commuter parking. MOVED by Ellinwood, seconded by Rice, that in the absence of a compre- hensive and final Downtown Zoning and because the City is not ready at this time to form an assessment district or purchase the property, that it is the policy of this City Council that a parking lot be maintained at this downtown location, even if on a commercial basis, provided the legal questions can be resolved. Rice asked--if the legal problems referred to were solved--if there was a possibility of leasing a portion of this property to the City for use as a corporation yard. Mr. Finsterbusch replied the only thing preclud- ing this would be the legal barrier to their leasing to anyone, and in response to question, answered the present occupant of a building on their downtown property does occupy it under a lease from the Railroad. Fanning asked if the Public Services Committee could not meet with Planning Commission representatives--since they had before them on May 6, 1968 application for a sign permit for this use, and report to the Council on May 27. The Chair so directed the Committee to work with the Planning Commission, City Attorney and Railroad representatives and Staff toward some method of maintaining public parking. Mr. Robert McGuinness, Del Mar, was recognized and expressed the thought that some minimum term for occupancy of the property for paid parking should be set out and also a determination made on the type of improve- ments that would be made; he felt the surface should be black-topped, and a rate schedule agreed upon. Mr. Fred Mantegani was recognized and stated tourists should not be discriminated against by paying a different parking rate. Mr. Ben Farlatti was recognized and agreed with this statement, adding commuters might be given stickers which would be good only Monday through Friday. Question on the motion was called for and.unanimously passed: A YES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None V. CONSENT CALENDAR The Chair recognized innovation of a "Consent Calendar", placing on the agenda items of a routine nature which can be acted upon by one motion without discussion and action on each individual item. The Chair directed that Item (1) on the agenda be deleted from Consent Calendar and be taken under "Ordinances"; the following then appeared on Consent: ACCEPTANCE OF GRANT DEED OF EASEMENT, MUSSO PROPERTY, MA IN ST. & TIBURON BOULEVARD - Resolution No. 206 POLICE REPORT - MONTH OF APRIL 1968 COMMUNITY DEVELOPMENT REPORT - MARCH, APRIL 1968 MOVED by Fanning, seconded by Drohan, that Items 2, 11 and 12 on the Agenda be adopted. Ellinwood noted the change of reference to the Development Administrator's monthly report, which is now termed "Community Development" report. Question was called for and unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT COUNCILMEN: None The Cha.i.r-, as t:10 s'2cond mC:.T!ber of this ad hoc' committee with Drohan-, agreed on the postpcnC~2nt of the second hearing and directed Staff to make sure G.(cqluv:~te notice of such postponement was given. Drohan acknowledged receipt Control Committee" in which 7 areas of concern with the Council. Drohan agreed the answers and obtained before any ~:~~cion was this-, questioned the Advisability of hea::eing. of a lengthy letter from the "Local Zoning a list of 14 questions, divided into 6 or Hilarita property-, were directed to the to these questions should be sought made by the Council and in view of holding the scheduled May 27th Drohan pointed Ccuncil from ines on the desired sc:ne out there was no formal petition for rezoning before the anyone; further-, it was Council's understanding from hear- zonin~ ordinance prior to adoption that the Commission exp~ession of policy from the Council on this subject By agenda bill #67 of Cay 3-, 1968-, the Planning Commission put before the Council theil' R,:;s:.::lution No. 28, read in full by Drohan, in which the Commission rcq1..:..cstcd that the r1ayor and Council refrain from adopt- ing any policy uith l'espect to rezoning of any portion of the Hilarita lands and requested persons requesting such rezoning to process their application through the Planning Commission POLICY As a result of tl!~O L~.:'-_;t:ings-, the Public Services Committee, by agenda bill #47 of A~ril 25, 19G8, reported their belief that resolution of t~ matter of' e'batCiI1c'lt 0:;:' ~_--,:..:bl::":; nuis2.ncG at 10 st. Bernard Road would be made between tlm St~i3er ~L~ily 2nd the nearby residents who had pe- titioned for 2.bTCE::,.~.:pt of" the b3e nuisance at that address. The Com- mittee f'urt.I1(~r CL:~:!;\..~:J ~~.J ol)..~.,linss of an ordinance that would regulate not only bC2ke0pipg ;:--i.lt r.~..lint~illing of other small animals within City limits nnd 8f.v:cd th:1t ti1is :.::c~tter be continued to May 27th to permit further COrll:-:1ittee :....,c>P"~~'~.-;, Ellinwood added that Mr. Ted Steiger has beel1 110spitalizeG ':~l1d one h;:td acsuI"ed I\1rs. Steiger there would be no public discussion at ttio meetin3. 1ile Ch3ir directed the matter continued to th8 next regu18r rt.32ti-~..S. IN REZONING !\:t-:'D DEVl~LOP1,IENfl' OF HILARITA HOUSING SITE PUBLIC 10 S-.~. NUIS A 1,; C E A 13./\ 'l\~~.7:':::]:Yll DE~~T.CRTj . ~'Jl ~ .~ L~}. ';::,"'(1 steige .') "VII.. ErSOLUTIONS --...----.,-.,------ [-\E3}i~}1.' cor;::;; L. ..,.. ~.:. '0nr; NOES COT ... '\ , 1.[ l:C 1.T HO:~l~ '\ ...,.".. r, !-. l. l~,:) MOVED by adopted; CO;;j':C :LL"I~~ F~ll~lin[; -' UtI. ':::11 :tr~c L~ '" .J r~ (~ .... ~l :u:::....,011~n, cO:'lded by Drohan, rJ~.': :.; S r; (~ : Ellinwood -' Fanning, Ric e, Bremer that Ordinance No 13 N.S be ABS~N'r C01JNCILI.iE:J H2n e NOES CO UN C ILI'l!~:d Nons Rice, AYES r~ OVEj) only.. COili\IC ILI'lb:iJ by Rice, ~ccond~d by Drohan-, that the ordinance be read by Title \:28 so read 2nd motion unanimously passed DrohGn, Ellinwood, Fan:1ing, Bremer tit Ie By agenda bill .-!1.5h of April 25, 1968, an ordinance entitled AN ORDINANCE OF THE CITY OB TIBURON PROVIDING FOR THE ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED, \IJRECKED, DISMANTLED OR INOPERATIVE VEHICLES ON PRrvATE OR PUBLIC PROPERTY, NOT INCLUDING HIGHWAYS, AND RECOVERY OF COSTS OF ADMINISTRATION 'IHEREOF AS AUTHORIZED BY SECTION 22660, VEHICLE CODE came on for second reading and adoption, having passed first read- ing on April 22, 1968. ABANDONED MOTe? VF~IICLES AS P1JBLIC NUISANCES Second Reading and Adoption Ordinance No. 13 N.S Minutes :?!142 Ci.b~" Council VI ~ ORDINANCES --.....- ., - .).~ 13 May 1968 By agenda bill #62 of May 2, 1968~ the City Engineer reviewed the street repairs planned during the coming year for Warren and Benton Courts, Geldert Drive, Avenida Miraflores~ Reed Ranch Road, Lyford Drive and Diviso street; slides accompanied the presentation. As a result of Public Services Committee and Council action earlier in the year, he stated he had been imtructed to make repairs, previously unbudgeted, to Diviso street which would include relocation of a phone pole--at telephone company expense--widening the street to 14' at this point, constructing a retaining wall and patching failed areas of Diviso. STREET MAINTENANCE AND REPAIR CONTRACT IX 'llie Chair exhibited a sample "key to the City", which he had ordered pre- pared with the City's seal. '\~ile the key itself was inexpensive, the seal was not and he asked Staff to look into the possibilities of duplicating seals at less cost. He stated the keys would be available to Councilmen, to be used with discretion, and would also be available to the Chamber of Commerce for presentation to distinguished guests. MINUTE ORDERS Keys to the City The the Chair directed that an ordinance amendment be drafted and submitted by City Attorney for first reading at the next regular meeting. Fanning noted the $1,500 for civlc the revenues Parks and Recreation Commission had requested a activities and felt this would be a proper place received from increased room taxes budget of to expend Mr. Farlatti then requested the Council to increase the room tax rate from 4% to 5%, effective July 1, because (a) in 28 of the 58 counties the rate has already been raised to that of the current sales tax, (b) he favored this "user" tax and felt it was equitable and (c) he requested this addi- tional revenue of some $2,000 be allocated to.a specific parks and recreational purpose which would clean up or beautify the City. In the latter connection, he noted receipt of 3 or 4 trash receptacles which the Chamber was donating for use in Tiburon and the city of Belvedere at the Boardwalk. Increase in Room Taxes There being no objection, the Chair recognized Mr. Ben Farlatti, President of the Tiburon Peninsula Chamber of Commerce~ who had requested permission to speak to an unscheduled matter. VIII SUSPENSION OF ORDER OF BUSINESS A short recess Rice suggested a 5-minute progress report of the committee be placed on the next agenda. The Chair directed the matter continued to June 10, in place of the May 27th date, and in view of the previous arrangements to hold such hearing at Reed School, directed Staff to make arrangements to hold the June 10th meeting at the School. Further, he directed Staff to place a progress report of the ad hoc committee on the next agenda, allocating 10 minutes. Fanning suggested someone be stationed at Reed School on the 27th of May to advise the hearing had been postponed. was declared The meeting reconvened at 9:40 P.M Ellinwood stated there was no question in her mind about the need for a basic policy decision being made by the Council, but did not want to see the second hearing postponed to an indefinite time. She added there was no specific regulation that would preclude the Council from initia- ting a rezoning, as was done at the County level and in various cities. She addressed Mr. Herbert E. Wenig, 65 Rolling Hills Road, and obtained from him his identification as the writer of the letter for the "Local Zoning Control Committee", which he said represented concerned Rolling Hills residents. Rice suggested some limits be placed on the depth of inquiry that might result from replies to the questions posed in the letter Drohan referred to as the Council might otherwise impinge on the Commission's function Fanning commented the Planning Commission should be reassured it was not the Council's intent to rezone and that an application for rezoning when received would originate with the Commission. ~iinutes #142, City Council -4- 13 May 1968 MOVED by Rice, seconded by Fanning, that the City Council accept the hid as recomniended by the Clty Engineer and that the contract be awarded and executed as recommended by the City Engineer; further, tht the Staff in favor of the following Motion by Ellinwood was duly withdrawn Droh~n suggested the contract be awarded but that Staff be instructed to report at the next meeting on proper financing for an overlay to Dlviso. The City Manager confirmed to Ellinwood that the original budget estimate for the work had been $13,200--against the $10,062.36 contract price, but noted the estimate had been made before the projects were engineered Mr. Andrew Johnson, President of Hill Haven Property Owners Association was recognized and strongly protested the extent of the repairs planned He stated that even if black-topped, the street would still not meet modern safety standards and in no event should the 8-10 families on the street have to pay for improvements to make the street safer for Hill Haven residents to reach their homes. He referred to the Association's original request for significant widening of the street, which through a compromise meeting, was reduced to 16', and he now found the street would be left pretty much the way it is, with one pole moved and six chuck holes filled. He stated he could obtain a petition which would support the residents' desire for a street 20' wide. Mr. Harold Hobbs, Hill Haven Property Owners Association Treasurer, was recognized and stated at the March 11, 1968 meeting he had raised the question of the extent of the repairs and he felt it was the sense of the meeting then that the overlay would be included. He contrasted the $1200 for overlay with the $10,000 budget which had originally been assigned to Diviso, then diverted to extension of the Porto Marino Drive project. To Ellinwood's question as to what Hill Haven streets were included in the Engineer's $35,000 budget request for next year, he replied seal coating of Diviso was included. The City Engineer stated he was not against an overlay for Diviso but in his opinion, did not feel an overlay was needed and felt residents would find the street satisfactory after repairs noted were made. Ellinwood stated a previous case had shown that an overlay of 1-1/4" macadam would classify the overlay as maintenance rather than construc- tion and indicated the $1300 saving mentioned by the City Engineer could be allotted to this overlay. The City Manager replied the question was still unanswered as to whether construction funds could be used, releasing maintenance monies. Bremer, as a member of the committee with Harvey, stated they had given the matter a great deal of thought and because such improvements on this "collector" street would require a 50% contribution from residents of the street, the Committee had deCided the work should be done under maintenance--rather than as construction work which would be assessable to the residents--and he suggested the contract be awarded and needed work on Diviso undertaken when the street repairs named were done. Ellinwood indicated she was distressed to find black-topping was not included and on the basis of the unit cost figures now given, estimated only $1290 would be required to perform the work. Rice stated he recalled the Council had already given its approval to resurfacing of Diviso. The City Engineer replied that subsequent to the Council meeting referred to, Harvey, representing the Public Ser- vices Committee, had looked at the street and instructed the City Engineer to make the improvements that were now recommended, which did not include resurfacing. The City Manager stated the City Engineer had determined a portion of the Divisio Street project could be classified as "construction" and as such could be done with Gas Tax funds, conserving some street maintenance monies. The City Engineer added that with recent legisla- tion, gas tax funds can be carried over from year to year. Bids for the total repairs had been received this date, on a unit-price rather than lump-sum basis, and he recommended acceptance of the low bid of W. K. McLellan Company of San Rafael in the amount of $10,062.36 Minutes 1+-142, City Council -5- 13 May 1968 Minutes #142j City Council -6- 13 May 1968 be directed to prepare for presentation to the Council in two weeks a change order to cover resurfacing of Diviso Street; unanimously passed: AYES: COUNCILMEN: Drohan~ Ellinwood, Fanning, Rice, Bremer NOE S : COUNCILMEN: None ABSENT: COUNCILMEN: None Fanning stated he did not believe the Diviso street problem indicated the need for a change in the street Policy but asked if an assessment district might not be created to spread the costs of Diviso street construction over the area that would be benefited. The Chair directed the Public Services Committee to look into this possibility. CITY-COUNTY PLANNING COUNCIL The Chair appointed Ellinwood to serve as the City's delegate to the City-County Planning Council and named Rice as her alternate. He asked ratification of Joseph C. Marshall, Planning Commission Chairman, to serve as that Commission's representative to the Council. MOVED by Rice, seconded by Drohan, that the Mayor's appointments of Ellinwood as delegate and Rice as alternate and confirmation of Marshall as Planning Commission representative be approved; unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None x. SUSPENSION OF ORDER OF BUSINESS There bebg no objection~ the Chair directed that an item under "Reports" now be taken. REVERSIONARY RIGHTS - NORTHlTESTERN PACIFIC RAILROAD Progress Report \ The Chair reported that following authori~ation extended by the Council on April 25, 1968, the City Attorney had prepared a draft of a proposed agreement for the purchase of the reversionary rights to the Railroad right-of-way. The Chair stated he was awaiting receipt of a preliminary title report and list of exceptions in the policy the City would want made. The City Manager added that on May 3, 1968, he had sent to the Council a lengthy analysis of availabillty of funds for this purchase; and as to the HUD application, fee title rights would have to be clearly established in such application, which also required two appraisals to be made prior to application, estimated to cost $1,000 each and convertible to a formal application for another $500, $2, 500 total. He stated that while not mandatory, a pre-conference was customary before filing and in no event should options or agreements be binding upon the City before filing. Further, he noted HUD had recently at the admlnistrative level turned down another application involving a reversionary interest. To the suggestions that a pro-forma application be made anyway, the City Manager repeated it was necessary to present two appraisals before the application would be deemed "received ". In reviewing the agreement arrived at. the April 25, 1968 meeting, it was noted the $35,000 price was based on full cash. The Assistant to the City Manager stated there was interest on the part of the Reed School District in financial participation. Fanning noted he had re- ceived calls offering funds, and felt it was possible to accomplish the purchase. At the request of Mr. C. John Bernt, attorney for the sellers, copy of the proposed draft contract was presented to him. XI. MINUTE ORDERS SUMMER RECREATION PROGRAM FOR TEENAGERS Ellinwood reported her attendance as the City's delegate to ABAG and City-County Planning Council meetings. She asked that her notes taken at the CitY-County Planning Council meeting be reduced to a report for apendizing; and the Chair directed Staff to coordinate with Marshall and Rice and prepare the materlal for report at the next meeting. The Chair also directed, as requested by Ellinwood, that 3 minutes be allotted on the next agenda for a report on ABAG. ABAG Ellinwood reported protests had been made by Messrs. Ben Farlatti, Jack Clarke and Bill Howell that on April 8th the Council had adopted an emer- gency sign ordinance without holding the public hearing that had been dUly noticed. The Chair stated that while he was sorry these gent~~en had not been heard at that time, an opportunity would be given them at the public hearing which will be scheduled upon adoption of the comprehensive ordinance. City-County Planning Council Meetings Emergency Sign Ordinance Ellinwood asked if it were legally possible to zone an area into a zone not provided in the City's Zoning Ordinance--as had been done in zoning Reedland Woods into the County's Rl-B2 zone. The Chair replied the exist- ing zone at the time of annexation had been adopted as an interim zone only until rezoning was initiated by the Planning Commission. Zoning Regulations Drohan inquired when the second phase of the City's Tree Ordinances would be before the Council since there was some interest in the regulation of obstruction of views. The Chair directed the Deputy City Attorney ~o pro- vide a status report, and if possible a draft of the ordinance for study by the Lands and Development Committee. Tree Ordinance XII QUESTIONS ABSENT COUNCILMEN None NOES COUNCILMEN None AYES MOVED by Ellinwood, seconded by Fanning, that the City communicate to the Board of Supervisors tomorrow its desire not to "opt out" and does hereby recommend adoption of the essence of Alternative #2 of the recommendations for possible courses of action, found on page 3 of Mr. Al'~n Bruce's letter of April 19, 1968; unanimously passed: COUNCILMEN Drohan, Ellinwood, Fanning, Rice, Bremer Ellinwood explained the Public Services Committee did not have a report on the matter as they were not aware it had been assigned to their Com- mittee until the agenda was received. She did, however, give a back- ground on the Office of Economic Opportunity programs and the require- ment which had placed before the cities the decision of designating a Community Action Agency to receive funds and administer the OEO program She recommended that Alternative #2, as set forth in letter of the County Administrator to the cities, be proposed--a choice which would name the Marin County Economic Opportunity Council as the functioning agency, while modifying it somewhat. Alternative #4, recommended by the City Manager, would name the Board of Supervisors as the Community Action Agency. COMMUNITY ACTION AGENCY FOR OEO PROGRAM ABSENT COUNCILMEN None NOES COUNCILMEN None Fanning, Rice, AYES MOVED by Fanning, seconded by Rice, that the sum of $375.00 be allocated from the Contingency Fund to be forwarded to the Reed Union School District for administration of this joint program unanimously passed COUNCILMEN Drohan, Ellinwood, Bremer By bill #68 of May 8, 1968, request of the Parks and sian for a $375.00 allocation for administration of recreation program came before the Council. a Recreation Commis- teenage summer Minutes ~~~142 , City Council -7- 13 Ma y 1968 Minutes #142, City Council -.1- 13 May 1968 Communications between Council, Commissions and Community The Chair confirmed that the matter of improving communications between the City Council, Commissions and the community was now in the Administration and Finance Committee for study and report. Second Access to Hill Haven Mr. Harold Hobbs was asked to obtain from the Public Services Committee a brief progress report on their study of a second access to Hill Haven residences. XIII. ADJOURNMENT At 11:34 P.M. the Chair declared the meeting adjourned. -"\/ ~, '" \ / ) ( c , J Ci Approved by the City Council on: , :1 1968 Title of the ordinance was then read Ellinwood called attention to a seeming error in property description in the 8th line from the bottom, paragraph (C), being "...thence North 390 43' east..." which should be corrected to "west". The Chair directed that~s be reviewed and corrected in time-roF second reading. MOVED by Rice, seconded by Drohan, that an ordinance entitled AN ORDI- NANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S., THE ZONING ORDINANCE OF THE CITY OF TIBURON, TO RECLASSIFY CERTAIN REAL PROPERTY FROM THE RO-l ZONE to the RO-2 ZONE, be read by title only; the property to be rezoned being that property described as Areas A-2, Band C in the Planning Commission's Resolution No. 26; further, that the findings of the Planning Commission with respect to the rezoning of those portions of property, other than Taylor Tract, be adopted; and that this City Council makes no finding at this time with respect to the rezoning of the Taylor Tract. The Chair directed the matter of rezoning of Taylor Tract continued, as requested, to the first July meeting, and rezoning consideration could be given now to the properties surrounding Taylor Tract. \'~ile the Chair indicated he would prefer holding the entire matter until a later meeting, Drohan stated that as long as the Taylor Tract petition- ers could be heard, without prejudice, at a later date, he would agree to a continuance but hoped there would be no misunderstanding if action were now taken on one phase of the Taylor Tract vicinity, while agreeing to the continuance of discussions on the actual Taylor Tract rezoning. Mr. Bertram Hirsch, 4949 Paradise Drive, was that the three parcels along Paradise Drive 1/2-acre, then zoned RO-l, be treated in these rezoning discussions recognized and requested which were previously zoned separately from the Taylor Tract In the ensuing discussion, Taylor Tract portion of the no objection was raised to possible rezoni~g. continuing the The Chair announced a request for continuance of the Taylor Tract re- zoning had been received through letter of Dr. Ernest Gonzalez, dated May 25, 1968, since more time was required by Taylor Tract residents to work out some new problems that have developed with the sewer district. REZONING OF AREA IN VICINITY OF TAYLOR TRACT IntroductiOn and First Reading N MOVED by Drohan, seconded by Rice, that Amended Page 1 of Minutes ~~139 for the special meeting of April 16, 1968 and Minutes #142 for the regular meeting of May 13, 1968 be approved as submitted; unanimously passed. ORDINANCES III Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Ray V. Foreaker, Jr., City Engineer Phil V. Scott, Development Administrator Louis F. Brunini, Superintendent of Public Works Russell Melquist, Assistant to City Manager APPROVAL OF MINUTES EX OFFICIO ABSENT COUNCILMEN None Breme r , Rice PRESENT COUNCILMEN Drohan, Ellinwood (8:11 P .M ), Fanning, II The regular meeting of the City Council, City of Tiburon, fornia, was called to order by Mayor William R. Bremer at May 27, 1968 in the City Hall Council Chambers. ROLL CALL State of Cali- 8:08 P.M. on I CALL TO ORDER Minutes #143 CITY OF TIEURON CITY COUNCIL 27 May 1968 City Council, Minutes #143 -2- May 27, 1968 Question was called for and the motion was unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None MOVED by Drohan, seconded by Fanning, that the ordinance be considered to have passed first reading, effecting the rezoning of certain pro- perty in the vicinity of the Taylor Tract; unanimously pa~sed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None V. SUSPENSION OF ORDER OF BUSINESS The Chair noted that Mr. Michel Demaurex had requested that Item 8 on the Agenda, flAB 3 - Use Permi t for Parking Lot" be continued. Accordingly, the Chair directed the matter continued to the first meeting in July. VI. CONSENT CALENDAR A brief discussion was held on the items to be heard under Consent. At Ellinwood's request, Register of Claims #46, part of Item 10 on the Agenda, was deleted from Consent. Also, deleted at the request of Rice was Item 7. Action was, therefore, sUbsequently taken on Items 4, 5, 9 and the remainder of Item 10: MARINE CORPS RESERVE CIVILIAN ASSISTANCE PROGRAM FOR VIETNAM Proclamation - period of August 15 through October 15, 1968 BUSINESS LICENSE FOR AUCTIONS AT 9 MAIN STREET Posting of Notice in 3 public places, for hearing June 10, 1968 MARIN' COUNTY CONSTRUCTION ACTIVITY - Report of April, 1968 TREASURER, CITY MANAGER - Reports for April, i968 Monthly Cash Flow Statement; Fund Receipts by Source MOVED by Drohan, seconded by Fanning, that the items on the Consent Calendar be adopted, exclusive of Item 7 and Register of Claims No. 46; unanimoUSly passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None VII. SUSPENSION OF ORDER OF BUSINESS Corporation Yard The Chair recognized Mr. John A. Peters, President of the Little Reed Heights Improvement Association, who presented to the Council a petition signed by 150 residents of the area opposing the establishment of the City's corporation yard at a site adjacent to the Richardson Bay Sanitary Treat- ment Plant. The petition, and covering letter of May 17, 1968, set forth their objections and urged the Council to negotiate with the Tiburon Peninsula Club and Northwestern Pacific Railroad Company for purchase of a permanent site for the corporation yard. Mrs. Marshall Foster, 11 Sierra Court, was recognized and asked for a report of the Public Services Committee on the status of selection of a corporation yard site. The Chair replied the matter has just come before this newly-composed Committee and no public discussion would be held until the Committee was ready to make its report. Mrs. Foster than asked the Council to introduce a motion stating the City's opposition to this site for a corporation yard, to which the Chair replied this could not be done at. this time as it would preclude one of the sites which the Committee has been assigned to study. Fanning suggested for discussion of too that the June 10 meeting would need additional time salary schedules for next year's budget. Drohan suggested the ad hoc committee should meet again before another public hearing to thoroughly review the Authority's reply to the LZCC request and he suggested further postponement of the second hearing--both because of the absence of Authority's representative, Mr. Phil Ehrlich on June 10, and because of the widespread interest in the subject and need to have transmission of the data supplied by the Authority before another public hearing. He suggested the issue might even warrant inclusion on the November ballot for referendum By bill #50 of May 15, 1968, Drohan reported that a series of hearings on the future use of Hilarita Housing land had been set and first heard on April 22, 1968--the second hearing, scheduled for May 27, was postponed to June 10, 1968 upon the submission at the last Council meeting of a lengthy letter from the Local Zoning Control Committee requesting a rather extensive amount of information concerning the Housing Authority's proposal for reuse of this land. Drohan noted the ad hocrommittee of himself and the Chair had met with the Housing Authority and Staff and discussed some of the points raised by the LZCC letter; the Authority was preparing a written response to the questions posed by this citizens' group. The City Manager acknowledged receipt today of said report. FUTURE USE OF HILARITA HOUSING SITE Interim Committee Report VIII MINUTE ORDERS There being no objection, the Chair directed the hearing on abatement continued for 120 days, until the September 23, 1968 meeting; further, he directed that the Public Services Committee report be conveyed to the Planning Commission for their consideration, along with amendments to the Zoning Ordinance they are now considering. Sample ordinances of the cities of Mill Valley, Belvedere, Larkspur and Sausalito in which bees are regu- lated, as well as Marin County ordinance dealing with keeping of small animals, were also presented by Ellinwood for referral to the Commission Ellinwood presented the Committee report, dated May 27, 1968, and stated meetings had been held with the Steiger family and petitioners, resulting in the Committee's recommendation that (1) the petition for abatement be tabled for a l20-day period, during which period the Steigers are to reduce the number of beehives maintained at subject address from the current 32-36 hives to an allowed 8; and (2) if said excess hives are not removed within this time, that abatement proceedings be resumed according to ordinance. Further, the Committee recommended amendment of the Zoning Ordinance to regulate the keeping of "small animals" in R zones --beekeeping being described as including small animals. The Committee also recommended remedy of an inconsistence in the ordinance whereby "purposes" and "use by right", as described in the RO-l Zone, were unintentionally omitted from the RO-2 zone. Bill #47 of May 15, 1968 was before the Council noting that public hearing on a petition for abatement of public nuisance had been opened on April 22, 1968 and continued to permit the Public Services Committee to investigate the circumstances of such abatement hearing and rendering its report. PUBLIC 10 st. NUISANCE ABATEMENT Bernard Road, Mr. Ted Steiger VII The Chair accepted for the record petition presented by Mr. Peters and pirected that it be made available to the Committee in their deliberations It was further noted that the City is in receipt of a letter from the City of Belvedere setting July 1st as the date on which the City must vacate the premises now jointly used with the City of Belvedere as a corporation yard. The Chair noted the matter should appear on the next Council agenda ORDINANCES Mrs. Mary Price was recognized and asked if a pOSSible site she had suggested some time ago had been investigated. Drohan replied it had, but the Tiburon Peninsula Club, because of being legally precluded from allowing use of property for other than recreation, had turned down the City on its request Mr. Hampton Harvey was recognized and asked if the Committee would consider ~olding a meeting with surrounding property owners. Mr. l{atson Haarbauer, representing the Reedlands Property Owners Association, joined in this request City Council, Minutes ~143 -3- 27 May 1968 l-~:3SENT COUNCILMEN None NOES COUNCILMEN None AYES COUNCILMEN Drohan, Ellinwood, Fanning, Rice, Bremer Question on the motion was called for and unanimously passed The City Engineer noted that another case in which the County had taken action against the subdivider after expiration of the I-year Maintenance Agreement had resulted in a ruling the County had given insufficient notice and the County was then liable for the repairs, which he felt might also be the problem in this instant case. Ellinwood raised some questions concerning deficlences, and the City Manager responded the original developer, a Mr. Spiliotis, was still under bond and required to remedy the deficiences, although the properties were subsequently developed by other parties; that the County had noted some deficiencies, including the beginning of the present failure, and was now, with the City as party plaintiff, proceeding against Mr. Spiliotis for recovery of the costs of repairs. MOVED by Rice, seconded by Drohan, that the City notify the subdivider of the subject property as soon as possible, through the City Engineer or his delegate, of the injury to this property and the obligation to perform under the Maintenance Agreement, and give the subdivider the minimum legal notice required under the Maintenance Agreement and statute, as the City Attorney may determine, to correct that failure. If the failure is not corrected by the time the minimum statutory or agreement notice period has elapsed, the Superintendent of Public Works shall be authorized to order the repairs in the estimated sum of $500 -- the cost of which would then be presented against the subdivider and appropriate recourse would be pursued under the Maintenance Agreement. By bill #76 of May 21, 1968, the City Manager recommended that following a critical base and surface failure to Reed Ranch Road, south of Via Capistrano, the subdivider of said Reedland Woods unit No. 1 should be given notice requirlng him to correct the fault in accordance with the still-applicable Maintenance Agreement; further, that the sum of $500.00 be allocated to effect these repairs should the subdivider fail to do same In addition, complying with instructions to Staff given on May 13, 1968, he recommended appropriating the amount of $1,150 to place a 1" overlay on Divlso street. . STREET IMPROVEMENT DIVISO AND REED RANCH ROAD, CHANGE ORDERS x The Chair acknowledged the presence of Attorney C. John Bernt, representing the holders of reversionary interest to the Northwestern Pacific Railroad Company's right-of-way. The Chair stated that since the April 25, 1968 meet- ing, an agreement of sale for the purchase of this interest had been drafted by the City Attorney, and the City was now awaiting receipt of the requested Jxhibit, being title report. Mr. Bernt stated his clients would be willing to extend the negotiating period for not more than 200 days MINUTE ORDERS IX SUSPENSION OF ORDER OF BUSINESS A short Mr. Gordon Strawbridge was recognized and asked if the Council, by motion, would not express itself in favor of moderate-income housing at the Hilarita site. The Chair stated the policy decision was now under con- sideration by the ad hoc committee and was the reason for the meetings thus far held recess was taken The meeting reconvened at 9:24 P .M The Chair announced a study session of of Hilarita would be held on Thursday, Council Chambers. the ad hoc committee on June 6th, at 8:00 P.M., the subject City Hall There being no objection, the held at the City Hall Council time and date for the second, at that time. Chair directed the June 10th meeting would Chambers, instead of at Reed School; and a continued public hearing would be announced be Cl ty Council, Minutes #143 -4- 27 May 1968 City Council, Minutes H143 -5- 27 May 1968 MOVED by Rice, seconded by Fanning, that an appropriation of $1,650.00 be made from the Contingency Fund to Account P-504; that $1,150 of that be appropriated for the purpose of placing a 1" overlay on Diviso street and the balance of $500 be appropriated for repairs to Reed Ranch Road. Ellinwood inquired why 1" instead of 1-1/4" vias suggested; the City Engineer replied the Division of Highways had felt a 1" overlay sufficient for Tiburon Boulevard and he felt it was adequate for Diviso, although stating again he did not believe the overlay to be necessary after repairs were made to the street. Ellinwood asked if the turn at the beginning of Diviso couldn't be improved because of the dangerous traffic condition there. The City Engineer agreed the sight lines were poor and stated he would give this some consideration for next year's budget. Mr. George E. Sayre, 1835 Mountain View Drive, and new President of Hill Haven Property Owners Association, was recognized and expressed the appre- ciation of the Association if the repalrs to be made were filling holes, widening and one spot, removing the pole, and placing an overlay on the surface. Question on the motion was called for and unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None STREET IMPROVEMENT-DIVISO STREET BY bill #72 of May 16, 1968, the City Manager recommended that Capital Improvement Project 68-T-18 be approved and $1,400 allocated from 2106 Gas Tax funds to make the previously-asked for improvements to Diviso street, including some widening and construction of a retaining wall. He noted that since the street is on the Select street System, as requested at the March 11th Council meeting, the work could be done at no expense to the neighboring owners and could come out of the gas tax fund. MOVED by Fanning, seconded by Drohan, that the City Manager's recommenda- tion be accepted and $1,400 be allocated as requested fromfue Gas Tax Monies. Further, in clarifying the phases and funding for the Diviso Street improve- ments, the City Engineer stated that at the last meeting the Council had approved $10,000 for street repairs, including some of Diviso Street. Finding that $1,400 of this could come from Gas Tax funds, the total contract would, therefore, be reduced to some $8,600. Question on the motion was called for and unanimously passed: A YES : COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None XI. REPORTS REGISTER OF CLAIMS NO. 46, April, 1968 Ellinwood noted that while the information provided on the April Register of Claims was helpful, it was not what had been sought when she asked for a description of the nature of items listed. Further, her concern regard- ing the City Engineer's payments had been that they were in excess of the allocations budgeted and she wondered how the monies got into the General Fund and out again without some tranSferring resolution, and why they were not paid out of the specific fund in which they were allocated. The City Manager explained the accounting process whereby money is alloca- ted to specific funds and expenditures made out of the General Fund. Ellinwood asked that the Register show a simple explanation of the nature jf each claim with a "plus" or "minus" to indicate whether the expenditure was over or under-budget. City Council, Minutes #143 -6- 27 May 1968 The Chair stated the matter would be taken under submission and considered during budget discussions. MOVED by Drohan, seconded by Fanning, that Register of Claims No. 46 be approved; unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None XII. QUESTIONS Safety Crossing at Reed School The Chair reported receipt of letter of May 17, 1968 from the Reed Union School Di~trict regarding previously-discussed safety crossing at Reed School. he Chair asked the City Manager to acknowledge the letter and inform them it could be discussed with the Public Services Committee. Budget Sessions The Chair noted the first of a series of committee meetings on the budget for the next fiscal year would be held tomorrow, May 28th. Litigation The Chair asked the Lands and Development Committee to review the status of pending litigation in which the City is involved. Budget Fanning noted he had requested Staff to prepare an estimate of income and estimate of operating costs --at the present level of service with no salary increases other than those already authorized--from which a priorities schedule can be worked up by the Council in budget discussions. The infor- mal statement was presented to each Councilman. Agenda Bills Fanning noted agenda bills from Staff hereafter will bear the title "City Staff" rather than "Administrationll, which latter term will identify the bills originating with the Administration and Finance Committee. Marinero Assessment District In answer to question of Drohan, the Assistant to the City Manager replied the bond funds had been received and invested, there was an adequate con- tingency, grading had been completed on the job, and he anticipated no problems and felt there should be no concern at this time concerning the assessment district. He noted that perhaps Clearview TV should be contacted to see whether they wished to take advantage of the trenching to lay their TV cable. ABAG - Balanced Transportation System ~ ~llinwood noted that at the last meeting she had requested a few minutes' time for report on ABAG, which she now gave. Also, as to balanced transpor- tation, she asked for voting instructions as the matter would again be pefore the CitY-County Planning Council. She added the Board of Supervisors had agreed with the concept, as she would recommend also. The Chair asked her to coordinate with Planning Commissioner Marshall and to indicate the Council was favorably disposed toward this ~oncept. .lfinutes -#139 Ellinwood noted Amended Page 1 of Minutes #139 still needed correction. The 9hair then ruled that the last figures shown for total vote of Ellinwood ~nd Rice should be 555 and 604, respectively. ( ~limlnation of Pampas Grass, Hawthorne Terrace E.t1inwood asked that the City take steps to remove pampas grass at Rock Hill Road and Tiburon Boumvard that is obscuring vision and causing accidents , City Council, Minutes #143 -7- '?7 May 1968 r } The problem of removtng the grass, located in the State's right-of-way, was discussed; the City Manager agreed to look into the problem. .Job Descriptions Ellinwood requested comment on her memorandum asking tnt job descriptions for City positions be supplied as a necessary guide in budget and adminis- trative discussions. Further, she asked that public notice on budget hearings indicate what subjects on what evenings would be discussed. The Chair replied these topics were in Committee. Crosswalk at Beach Road, Tiburon Boulevard : Mrs. Mary Price was recognized and asked what provision could be made to insure safety of pedestrians crossing Tiburon Boulevard at Beach Road ~he City Manager stated he would look into the matter. XIII. ADJOURNMENT At 10:38 P.M. the Chair declared the meeting adjourned /'" I """" Approved by the City Council on ~""\ "" 10 1968 - , / MAYO Minutes .-#144 CITY COUNCIL 10 June 1968 CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, state of Califor- ~ nia, was called to order by Mayor ,^'illiam R. Bremer at 8: 08 P.M. on June 10, 1968 in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Breme r, Drohan, Ellinwood (8:14 P.M.), Fanning, Rice ABSENT: COUNCILMEN: None EX OFFICIO: Lawrence D. Rose, City Manager Richard H. Breiner, Deputy 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 Lt. William Johansen, Sheriff's Substation III. APPROVAL OF MINUTES MOVED by Fanning, seconded by Drohan, that Minutes #143 for the May 27, 1968 .leeting be approved as submitted; unanimously passed. IV. CONSENT CALENDAR At Rice's suggestion, Item 9, "Community Action Program" was taken off the Consent Calendar, leaving Items 8 and 10, as follows: UNIFORM STREET CONSTRUCTION STANDARDS Endorsement in Principle and Preliminary Appropriation POLICE REPORT - Month of May, 1968 MOVED by Fanning, seconded by Drohan, that Items 8 and 10 on the Consent Calendar be approved; unanimously passed: AYES: COUNCILMEN: Drohan, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Ellinwood ~ V. ORDINANCES REZONING - PROPERTY IN VICINITY OF TAYLOR TRACT - FROM RO-l to RO-2 ~econd Reading and Adoption - Ordinance No. 17 N.S. By bill #59 of May 28, 1968, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S., THE ZONING ORDINANCE OF THE CITY OF TIBURON, TO RECLASSIFY CERTAIN REAL PROPERTY FROM THE RO-l ZONE TO THE RO-2 ZONE came on for second reading and adoption, having passed first reading on May 27, 1968. Drohan noted the property descrip- tion had been checked by the City Engineer who found it was correct as given at first reading of the ordinance. MOVED by Drohan, seconded by Fanning, that the ordinance be read by title only; unanimously passed: AYES: COUNCILMEN: Drohan, Fanning, Rice, Bremer NOES: COUNCILMEN: None llo. ABSENT: COUNCILMEN: Ellinwood Title was so read by Drohan. MOVED by Drohan, seconded by Fanning, that Ordinance No 17 N.S be adopted; unanimously passed: City Council, Minutes+t144 -2- 10 June 1968 AYES: COUNCILMEN: Drohan, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Ellinwood TRANSIENT TAX Introduction and Adoption of Urgency Ordinance Ordinance No. 18 N.S. BY bill ~7l of June 6, 1968, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING TITLE II, CHAPTER 7, SECTION 7-2 OF THE TIBURON CITY CODE BY INCREASING THE TRANSIENT OCCUPANCY TAX FROM A RATE OF FOUR PER CENT TO FIVE PER CENT came on now for introduction and adoption as an urgency measure, to become effective on July 1, 1968. MOVED by Rice, 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 Ellinwood suggested the CounCil make a policy statement to formalize the suggestion previously made that the increased revenue be set aside for use by the Parks and Recreation Commission program. The Chair responded he did not favor earmarking of funds and the new budget would reflect where the funds were utilized. Drohan and Fanning agreed with this view. Rice stated he would agree if the record were clear as to the Council's intent that the $1,500-$2,000 increase would be used for a parks and recreation purpose. MOVED by Rice, seconded by Drohan, that Ordinance No. 18 N.S. be adopted; unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None VI. MINUTE ORDERS TRANSFER OF TERRITORY Resolution of Belvedere proposing transfer of Territory to Belvedere EW bill #26 of June 6, 1968, the City of Belvedere's Resolution No. 1293 consenting to the transfer of seven single-family residential parcels from Tiburon to the City of Belvedere now came before the Council. The area was described as a small section bounded by Lagoon Road, San Rafael Avenue and Tiburon Boulevard. The City Manager noted that the Government Code requlres approval by the Local Agency Formation Commission prior to circulation of a petition for annexation or transfer and in the absence of such approval, Council's action should not be deemed to be acceptance of a resolution for filing wlth LFCO. Mr. Edward Drechsel, Belvedere Councilman, was recognized, requesting approval of the transfer on the basis the residents have always considered themselves to be in Belvedere; that two properties are already recorded in County records as being in Belvedere's city limits; and there would be a bargaining advantage if two cities were represented in discussions with the Division of Highways when decisions were made as to realignment of Tiburon Boulevard. Fanning suggested the Planning Commission be invited to comment and recalled that previous discussions with the City of Belvedere had indica- ted that another parcel would be involved in an exchange and taken into Tiburon's city limits at the same time the subject parcels were considered for transfer into Belvedere's territory. He stated this was the first he was aware these transfers were to be made independently. Mr. Fred Zelinsky, owner of the subject property which is under considera- tion for transfer to Tlburon, stated he was most anxious to transfer his property into the City limits of Tlburon. City Council, Minutes Jf144 -3- 10 June 1968 MOVED by Fanning, seconded by Drohan, that these two matters be referred to the City Managers of both Tiburon and Belvedere for clarification of legal details and clearance with the Local Agency Formation Commission and brought back to the respective councils for the quickest possible action. The matters were defined as (1) the resolution requesting approval of transfer of seven parcels from Tiburon to Belvedere and (2) transfer of Mr. Zelinsky's property into the City of Tiburon. MOTION AMENDED by Rice, seconded by Ellinwood, that the reference to Mr. Zelinsky's property be deleted from the motion. Rice stated he did not feel action on this request by Belvedere residents should be dependent upon subsequent action involving another property. Question on the amendment was called for and motion passed: AYES: COUNCILMEN: Drohan, Ellinwood, Rice NOES: COUNCILMEN: Breme r , Fanning ABSENT: COUNCILMEN: None The Chair directed Staff to prepare a resolution for the next meeting wi th Mr. ~elinsky's consent on a petltion to transfer his property into the City of Tiburon. Mrs. Louise \^J. Briston, 12 San Rafael Avenue, and Mr.. and Mrs. Edmond L. Tery, 18 San Rafael Avenue, were present to speak in favor of adopting the resolution to include their parcels in the City of Belvedere. Mrs. Leo Bodian, 88 Round Hill Road, was recognized and stated the City should welcome Belvedere's help in negotiating with the Division of High- ways. Question on the amended motion was called for and unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None BUSINESS LICENSE Hearing on Application for Auctioneer's License, 9 Main Street Edwa rd Ka rr, applicant BY bill #69 of June 6, 1968, it was reported that Mr. Richard E. Levinson on Ma y 9, 1968 obtained a business license to operate an antique store at 9 Main street and simultaneously, Mr. Edward Karr applied for a business license to operate as an auctioneer at the same address. '!he matter now came on for public hearing, having been set for this date by the Council on May 27, 1968 . The Chair declared the hearing open. The City Manager exhibited seven slides of the building and area surround- ing the site on which the auctions would be conducted. Mr. Theodore Lambrose, attorney for applicant, was recognized; and when it became apparent that the hearing might consume more time than was planned for it, and because of the time expected to be consumed in taking the following item, the Chair, with applicant's consent, directed the hearing continued to later in the meeting. A short recess was taken. The meeting reconvened at 9:20 P.M. ANNUAL SALARY PROGRAM Resolutions No. 209 and 210 EY bill #82 of June 6, 1968, adoption of resolutions establishing the Annual Salary Program, in accordance with Section 3-2 of Chapter 3 of the Municipal Code, now came before the Council. It was noted that adoption of the Annual Salary Program, in accordance with the proposed l'esolution, would include adoption of the incorporated exhibits, "A" through "G", which included schedule of authorized paid positions for the fiscal kear 1968-69, including addition of two new positions--a police cler and additional maintenance man, expansion of the Planning Mrs. Nikki Lamott Planning Director mission Chairman. , was as recognized and spoke did Mrs. Polly Smith, in favor of a full-time Parks and Recreation Com- Mr. Elmo DeMartini, Planning Commissioner, was recognized and spoke in favor of retaining the Development Administrator and emphasizing the need for a building inspector rather than a full-time Planning Director as he felt the present arrangements through the Planning Consultant were ade- quate. Rice asked whether the retainer for the Planning Consultant would include consultation with County organizations on, for example, transportation matters. The Chair replied the contract could be worded to include this An extensive discussion was then held on the merits of a full time Planning Director vs. the Committee's proposal of expanding the services of the Planning Consultant--the cost of which was estimated to be $10,800 against an estimane by a Planning Commission committee of $28,000-$30,000 for a Planning irector at $14,000-$16,000 annually plus overhead and staffing Ellinwood questionned the latter figures and commented there was no budgetary control over the $10,800 "retained services" Rice asked whether monies would be appropriated for a crossing guard at Reed School. Fanning replied the position could be inserted in Exhibit without any amount being indicated at this time. E Ellinwood questioned the propriety of giving.salary increments through range changes rathel than through step increases and noted that while the positions of Superintendent of Public Works and Development Administrator had been comparable, if the Committee's recommendation were adopted, the Development Administrator could receive a step increase at his anniversary date in August to bring him up to $898 per month while the Superintendent, through the range change, would not be eligible for a step increase for another 11 months and would be below the Development Administrator's salary at $876 per month. Fanning concluded stating the Committee's recommendations would allow the 60~ tax rate to be maintained. He added that as the Development Adminis- trator would have the use of the City car, $900 formerly allocated to that position's auto reimbursement would now be applied to cost of maintain- ing the City car, which would also be available to the City Manager. Fanning stated the Committee's recommendations were: that the Planning Consultant's services be extended to make him more available to the Planning Commission; that the two positions previously mentioned be added that the following salary adjustments be made as a result of change of range in the positions: Assistant City Clerk, from Range 10, step A, $534 per month, to Range 12, Step A, $561 per month; Assistant to City Manager, from Range 15, Step B, $636 per month to Range 18, step B, $685 per month; Superintendent of Public Works, from Range 25, Step C, $855 per month, to Range 28, step B, $876 per month. The City Manager noted the bracketed figures on Exhibit fiB" indicated the proposed salary at July 1, and that employees would be eligible for step increases on the anniversary date of the last step increase, upon the recommendation of the department head and City Manager. ; Fanning then presented the report of the Administration and Finance Com- mittee, commenting on the detailed memorandum and proposals made by Ellinwood and presented to the Councilmen on May 24, 1968 proposing that job descriptions be provided; that the position of Development Administrator be reassessed and possibly eliminated through hiring of a full-time Planning Director and contracting of bullding inspections; possible elimination of the position of Assistant to the City Manager; reassessment of the contractual relationship with the City Engineer; and posing certain questions as to the functioning of the Public Works and Police Departments. MOVED by Fanning, seconded by Bremer, that Resolution No. 209 be adopted, A RESOLUTION ESTABLISHING THE ANNUAL SALARY PROGRAM FOR THE CITY OF TIBURON FOR THE FISCAL YEAR 1968-69 WITHIN THE FRAMEWORK OF THE PERSONNEL SYSTEM. Consultant's position to that of a fully-retained consultant; range adjustments for certain employees. It was noted that the range adjust- ments would require an appropriation of $1,764, and provision of $2,668 should be made for normal step increases which might be made at the dis- cretion of the City Manager. City Council, Minutes .-1/:144 -4- 10 Jun e 1968 Question on Some concern was expressed as to calling the question at this time or obtaining more specific information. The City Manager noted the Council may change salary schedules at its pleasure. Fanning stated he was in favor of adopting the resolution at this time; Ellinwood noted that three of the salary adjustments proposed would take effect July 1 and asked that the matter be more thoroughly investigated first. the amendment was called for and unanimously passed MOVED by Fanning~ seconded by Ellinwood, that Exhibit A" and Exhibit Group III, Administrative Personnel, be amended and that a position of City Planner be established, range to be established at a later date. Fannin~n~c DirectorA b"Ut" cou Assistant to the B ness to include a full-time Planning ere the positions of Building Inspector and could be elimlnated , Ellinwood spoke in favor of the recommendations made in her memorandum in support of a full-time Planning Director;' she suggested the Superin- tendent of Public Works was qualified to act as building inspector and consideration might be given to this possibility. She expressed objection to the lack of job descriptions which she felt added to the confusion in assessing the comparability of jobs with other government positions in the cities and county. She felt the Committee's recommendations for range changes were highly selective and was critical of the lack of justification for these changes. She felt the matter of the Police Captaincy for Lt. Johansen should be explained; that the rank was held by only one other officer and that the area of responsibility in Tiburon was not as great as that of Marin City, where a Lieutenant is in charge, She noted the County would not participate in the salary increase to Captain and the City would, therefore, have to pay the $50.00 per month increase. She suggested postponement of the resolution until these various matters would be reexamined. She noted that as had been done last year, it would be possible to adopt a salary schedule and amend it later, still meeting the effective date of July 1st. Drohan expressed the need for more planning advice and therefore would recommend hiring a full-time Director, for which the sum of $11,000 or $12,000 he felt should be budgeted. The City Manager replied it would be necessary to hire another clerk~ enlarge office facilities and expand overhead charges if this position were added. Mr. Gary Gray was recognized and encouraged Council to look into program planning budgeting so that whatever program was adopted, the budget reflected that program. Fanning replied this type of proposal had been made to the Committee, and they had not concurred~ but agreed there was still a need for someone to do building inspections if a full-time Planning Director were hired. Mrs. Jackie Parnell pay as much as was experience, felt "pull the pieces was recognized and doubted the City would have estimated for a planning director and from her a competent planner could be obtained full-time to together" and coordinate planning. Mr. George Sayre, President of Hill Haven Property Owners was recognized and urged the Council to hire a top-grade, Planning Director. to Association, full-time Mr. ~llaH Schwartz was recognized and expressed concern about the efficiency of a building inspection which had permitted an illegal structure to be built in the City. Mr. Fred Mantegani referred to the same instance and expressed concern that such construction had reached its present stage of completion. The Chair directed Staff to investigate the situation brought to Council's attention by Mr. Schwartz. Mr. Allan Thompson was recognized and spoke in favor of hiring a time Planning Director of good calibre. full- Mrs. Mary Price was recognized and asked why no salary increases were indicated for three employees--ezecutive secretary, maintenance man and public services clerk. The Chair responded these positions would, however, also be eligible for step increases. Mr. the Ben Farlatti was recognized and expressed doubts about the value of present Consultant arrangement. City Council, Minutes 11144 -5- 10 June 1968 City Council Minutes-!l-141+ -6- 10 June 1968 AYES: COUNCILMEN: Drohan, Ellinwood Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Question on the motion to adopt Resolution No. 209, as amended, was called for and motion passed: AYES: COUNCILMEN: Drohan, Fanning, Rice, Bremer NOES: COUNCILMEN: Ellinwood ABSENT: COUNCILMEN: None Mrs. Mary Price was recognized and stated job descriptions should be supplied for all City positions. Drohan and the Chair expressed agreement Fanning stated the Committee had felt it was first necessary to determine who would be doing what work before undertaking job descriptions. Mr. Fred Mantegani was recognized and stated he agreed with Ellinwood that the budget should be more clearly set out, job descriptions supplied, and consideration given to men working as maintenance men. He was compli- mentary to the operation of the police department. Ellinwood asked for reconsideration of the motion since she felt changes would be almost impossible to make at a later date if salary increases were already given. The Chair replied changes would be made as required. COMPENSATION OF CITY MANAGER Resolution No. 210 Fanning presented for adoption Resolution No. 210 fixing the annual salary of the City Manager at $1,425 per month, representing no increase over last year. MOVED by Fanning, seconded by Bremer, that Resolution No. 210 be adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON FIXING THE SALARY OF THE CITY MANAGER FOR THE FISCAL YEAR 1968-69. Ellinwood stated she assumed the City Manager would continue to use his own car since the $50.00 per-month car allowance was retained for him. The Chair replied he would also have the use of the Staff car when needed. Question on the motion was called for and passed: AYES: COUNCILMEN: Drohan, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSTAINING: COUNCILMEN: Ellinwood ABSENT: COUNCILMEN: None A recess was called. The meeting reconvened at 12:23 A.M. BUSINESS LICENSE Continuation of Hearing Commenced Earlier in Meeting The applicant's attorney, Mr. Ted Lambrose, was again recognized and stated he could find no basis for denying the application under Section 4-11 of the Municipal Code and stated such finding would have to be made that the activity itself was detrimental to public health, safety and welfare, which he did not think applicable to the auction permit requested Further, he did not feel the application could be denied because of park- ing problems. The Chair replied the finding could be made on the effect of the intended use, in which parking and traffic would be elements. Mr. Fred Zelinsky, lessor of the building applicant will rent, was recognized and commented on the solidness and heavy underpinning of the subject building; also, he felt the parking problem could be resolved. The Chair suggested the applicant work with Staff to remedy the objections expressed. Mr. Edwa rd Ka rr , applicant, was recognized and indicated his willingness ~ Riscussion was held on BY bill #50 of May 28, 1968, Drohan reported the ad hoc committee on which he and Bremer serve had met with Marin County Housing representatives, Callister and Payne's architect, Chris Layton, representatives of the "Local Zoning Control Committee", Councilmen Rice and Ellinwood, as well as interested Hilarita residents. He stated no report would be made at this time but the matter was raised for the purpose of resetting the second public hearing, originally scheduled for June 10, 1968. the merits of placing the matter on the November FUTURE USE OF HILARITA HOUSING SITE The Chair directed the hearing continued to the next regular meeting and asked applicant to consult with Staff in an attempt to remove the objections of Staff expressed as to parking, safety requirements of the building in accordance with the Code, and the number of persons to be permitted to occupy the premises at one time. The Chair also directed the City Manager to bring the matter of parking, in relation to this application, to the attention of the Planning Commission for comment Mr. Lambros asked for a motion to grant the license, subject to such parking changes and building conditions as shall be agreed upon Mr. Fred Mantegani was recognized and stated he felt with two exceptions, none of the present Main Street buildings would meet these Code require- ments. Mr. Karr stated he did not anticipate having more than 50-75 persons at each auction and would have no objection to limiting attendance to 64. Mr. Lambros suggested this matter, as well as parking, could be subjects of discussion and mutual agreement with Staff. He added that the applicant only intended to conduct five or six auctions each year. The Development Administrator reported he had inspected the premises and found the building had in excess of 1900 square feet and under the Build- ing Coce would have a maximum occupancy rate of 64 persons and require two, rather than the one existing exit. 'mile he was aware of the owner's proposal to remodel and create a second exit, he noted a 20' opening between the subject and adjacent building would be required and the space was narrower than 20'. The his Development Administrator was called; Mr. Lambros stipulated as being duly sworn under oath as a witness for the City to Submitted for the record were the following: Exhibit A, sheet of paper dated June 10, 1968 containing five photographs depicting Main Street and the subject area; Exhibit B, transparency dated June 10, 1968 showing street striping in front of 9 Main Street, prepared by Tiburon Police Department; Exhibit C, application of Parklane Galleries, Inc., Mr. Edward Karr, for business license to conduct auctions at 9 Main street Lt. Johansen stated his objection was based on the fact there was a red zone in front of the building and oncoming cars would have to skirt around any car that might be parked in front of the bullding for loading or unloading and such car would have to cross a double yellow line and make a dangerous, illegal turn to proceed up Tiburon Boulevard. ~lliile there was a loading zone across the steet and one around the corner fIUm the subject building, he stated there were occupied 99% of the time and the Department was, therefore, recommending against granting the permit Lt. his William Johansen was then called, and Mr. being duly sworn under oath as the City's Lambros witness stipulated as to Fanning noted the City has received notice from the Railroad that intend to close their parking facility downtown on June 15, 1968, he noted would further compound the parking problem. they which Mr. Karr's attorney then presented for the record the following Exhibit I, postal card of "Davids, Antiques, 437 Sutter street, San Francisco"; Exhibit II, April 1968 catalog of Butterfield and Butterfield, San Francisco; Exhibit III, 1966 catalog of Parke Bernet Galleries, Inc., New York--submitted as examples of the caliber and type of establishment applicant wishes to conduct on the subject premises. to work out solutions. He urged favorable consideration as the auction of goods was an important element in the antique business for which license has already been permitted. In response to his comment, the Deputy City Attorney replied that if an auctioneering permit were granted, it would apply only to the named premises of 9 Main Street. City Council, Minutes #144 -7- 10 June 1968 City Council" Minutes f~144 -8- 10 June 1968 ballot. Ellinwood commented the County was now looking further into low- cost housing. Fanning indicated there should be more thorough explora- tion of the matter before putting it up for referendum. Complying with the sense of the Council, the Chair directed that the matter be re-referred to the ad hoc committee, setting of date for the second hearing deferred until the Committee could further report on the matter of low-cost housing. ACCEPTANCE OF BID Project 68-p-ll, Improvements to Esperanza street By bill #80 of June 3, 1968, the City Engineer recommended acceptance of the low bid of V. Maggiora & Son, Inc. , Corte Madera, in the amount of $4,182.90 on a unit-price contract to widen Esperanza Street between Mar West and Centro West. MOVED by Fanning, seconded by Drohan, that the City Engineer be authorized to award the contract to the low bidder, V. Maggiora & Son, Inc. , unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None COMMUNITY ACTION PROGRAM By bill #77 of June 6, 1968, it was reported the City by June 15, 1968 should respond to the County's notice as to whether they wished to be included in the Community Action Agency, designating the Marin County Economic Opportunity Council as such Agency for the County, subject to contract. MOVED by Fanning, seconded by Ellinwood, that the City endorse partici- pation In the Community Action Program; unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice Bremer , NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Chair stated Fanning had asked to serve as the City's representative, and there being no objection, named Fanning to represent the City on the Marin County Economic Opportunity Council. VII. QUESTIONS Landmarks Society Request The City Manager was requested to loan chairs to the Landmarks Society tor use in an upcoming meeting, in accordance with the request to the Council expressed through Ellinwood. pa rking Lot - Ordinance It was the sense of the Council that draft of an urgency ordinance pertain- ing to the issuance of a temporary license to operate a parking lot in the PD zone would be withheld until further report could be made by the Public Services Committee following further discussion with Northwestern Pacific Railroad representarives. Vacancies on Planning and Parks and Recreation Commissions The Chair noted the expiration of terms of several members of both the Planning and Parks and Recreation Commissions at the end of June. He directed the City Manager to send a memorandum to Commissioners advising them of the date of expiration of their term and encouraging them to con- tinue their services to the City. Towed Away Vehicle fll'~.., Gary Gray was recognized and registered his complaint about the manner ...... . in which the Police Department had acted in towing away his automobile City Council, Minutes :/;,L144 -9- 10 June 1968 from in front of his resident on Paradise Drive without having made an effort to notify him of this action. He noted the vehicle had been in front of the house for less than the 72-hour requirement in the ordinance established for "abandonment". It was the sense of tee Council that the officer who appears when the matter is in Court might advise the Judge it was felt the towing charges might be sufficient penalty without imposing a fine for the misdereuanor. Gun Control Legislation MOVED by Rice, seconded by Ellinwood, that the City of Tiburon lends its support to the pursuit at the state and Federal levels of legislation affording closer control of the transfer and shipment of firearms and owners~rl.~~~~a,t~ this resolution to CGFl 1. vflll iam T. Dagley, unanimously passed: ~ . A YES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None VIII. ADJOURNMENT At 1: 45 A. M. , June 11, 1968, the Chair declared the meeting adjourned ('/ - ~ Approved by the City Council on 1968 Motion by Rice, seconded by Ellinwood, to substitute the Board of Adjustments as the authorizing body for such temporary use permit was discussed. It was noted there was some urgency in adopting the ordinance as the Railroad planned to submit their application for operation of a commercial parking lot immediately upon adoption of the ordinance at this meeting Fanning expressed a desire to adopt the ordinance as written, naming the City Council as the authorizing body. Ellinwood stated an urgency ordinance to meet one situation was not wise and she felt temporary use permit procedure should conform with standard conditional use permits and be heard and given careful oonsideration by the Board of Adjustments Further, she commented it might be that a basic amendment to the ordi- nance should be made and variances be heard by the Councilor full Planning Commission. Rice stated there was still some question whether the licensing authority should be vested in the City Councilor Board of Adjustments The City Attorney replied the ordinance was drafted to make the City Council the authorizing body because of the apparent need for prompt action, but recognized the Board of Adjustments would normally be the bOdy to hear such matters. Rice stated the ordinance would amend Section 10-10 of the Zoning Ordinance to provide for temporary, one-year use permits within the PD zone and had been suggested because of negotiations between the Public Services Committee and Southern Pacific Railroad Company on the Railroad1s potential operation of a commercial parking lot on their downtown, PD-zoned property. By bill -#84 of June 18, 1968, an ordinance entitled AN URGENCY ORDINANC~ OF THE CITY OF TIBURON AMENDING ORDINANCE -NO. 9 N.8., THE Tt13URON ZONING ORDINANCE, BY PROVIDING FOR ISSUANCE OF TEMPORARY USE PERMITS FOR PARKING LOTS IN THE PLANNED DEVELOPMENT ZONE came on for introduc- tion and adoption. TEMPORARY USE PERMITS IN PD ZONE Introduction and Adoption of Urgency Ordinance Ordinance No. 19 N.S. MOVED by Ellinwood, meeting of June 10, IV seconded by Rice, that Minutes 1968 be approved as corrected; ORDINANCES *144 for the regular unanimously passed.. Ellinwood noted Minutes #144, page 5, 4th paragraph, should be corrected to show flHarold Schwartz". Fanning asked that the following be inserted on the same page of these minutes, 10th paragraph, 2nd line between words "Director" and "but": "in th tiW schedule". Rice noted on page 9 the words lIappropriate State and g s a'tlve bodies II should be inserted in the resolution rather than ific persons named. III Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Richard H. Breiner, Deputy City Attorney Louis F. Brunini, Superintendent of Public Phil V. Scott, Development Administrator Russell Melquist, Assistant to City Manager Lt. William Johansen, Police Services APPROVAL OF MINUTES Works EX OFFICIO ABSENT COUNCILMEN Bremer, Drohan PRESENT COUNCILMEN Ellinwood, Fanning, Rice II The regular meeting of the City Council, City of Tiburon, state of Califor- nia, was called to order by Vice Mayor Branwell Fanning at 8:09 P.M. on June 24, 1968 in the City Hall Council Chambers ROLL CALL I CALL TO ORDER Minutes :/f145 CITY OF TIBURON CITY COUNCIL 24 June 1968 MOVED by Rice, seconded by Fanning, that subject to the Mayor determin- ing that appropriate agreements have been reached by the City Attorney which would protect the City's interest in its litigation, and provided that the terms and conditions for rates as set down in the Railroad's letter of June 7, 1968 are deemed to be part of the application presented her as Exhibit nAIf, that the City Council approves the pending applica- ' tion of the Northwestern Pacific Railroad Company for a temporary use permit for a parking lot in the PD Zone; and that the permit shall Rice inquired whether the contents of the Railroad's June 7, 1968 letter could be deemed to be incorporated in the application; Mr. Finsterbusch reponded affirmatively. Mr. Fred Mantegani was recognized and stated he believed the would be willing to pay for the validation of tickets. merchants Ellinwood asked again that consideration be given to two hours' daily free parking to residents, as is done in S~usalito. Mr. Finsterbusch responded the merchants might wish to absort such a charge through a validated parking ticket system. As to rates, Mr. Finsterbusch stated they planned to charge 25~ per day for Mondays through Fridays, 75% for Friday evenings, Saturdays and Sundays, and would have a monthly commuter parking rate of $5.00 for Mondays through Fridays Rice stated that in meetings held with the. Railroad, it had been counsel's suggestion that a memorandum be drawn under which a condition- al use permit could be granted which would not prejudice the rights of either party involved in present litigation; further, he wished the agreements reached and substantiated by correspondence, to be incor- porated in the granting of the permit. Mr. W. A. Finsterbusch, Rail- road representative, indicated there would be no problem in drawing up a simple statement satisfactory to both parties. Pursuant to provisions of Ordinance No. 19 N.S. permitting issuance of temporary use permits within the PD Zone, application of the Northwes- tern Pacific Railroad Company to operate a temporary, commercial park- ing lot at their downtown Tiburon Boulevard-Paradise Drive location came before the Council in the form of application dated June 19, 1968 APPLICATION FOR OPERATION OF PARKING LOT IN PD ZONE Northwestern Pacific Railroad Company, Applicant v SUSPENSION OF ORDER OF BUSINESS ABSENT COUNCILMEN Bremer, Drohan NOES COUNCILMEN None AYES MOVED by Rice, seconded by Fanning, been read by title only, be adopted COUNCILMEN Ellinwood, Fanning, ; that Ordinance No. 19 N. unanimously passed: Rice S Mr. William A. Finsterbusch, Railroad representative, was recognized and urged immediate action in order to present their application to continue parking lot operation, but on a paying basis. ., having Mr. Ben Farlatti, President of the Tiburon Peninsula Chamber of Com- merce, was recognized and urged resolution of the matter at this time to insure continued parking for commuters and shoppers in this vital downtown location. Mr. J. B. McGuire was recognized and questionned whether the ordinance adequately provided for p~yment of the business license fee. The City Attorney replied payment of the first year's operation was provided for elsewhere in the Codes. Rice stated it was not intended to assess business license fees for subsequent years. Rice stated his motion had been based on the understanding it was legally necessary to name the Board and since this was not so, he would withdraw the motion as he felt the City Council was the proper body to hear this type of permit application. Ellinwood reluctantly withdrew her second, reiterating her feeling that the ordinance should not be so tailored to meet one situation only. City Council Minutes J-t145 -2- June 24, 1968 MOVED by Ellinwood, seconded by Rice, that Resolution No. 213 be adopted, A RESOLUTION PROTESTING THE ACT TO AMEND SECTION 188 OF THE STREETS AND HIGH\\TAYS CODE RELATING TO THE STATE HIGmTAY FUND, unani- mously passed: By bill #85 of June 18, 1968, the Assistant to the City Manager called the Council's attention to a measure before the State Legislature, SB 264, which would cause a redistribution of state highways construc- tion funds from its present 45%-55% to a proportion of 40% to the northern counties and 60% to the southern counties of the state. SENATE BILL RE Resolution No. ALLOCATION OF STATE HIGmTAY FUNDS 213 VI The Chair directed Staff to insert an allocation of $750.00 in the budget for this purpose, as requested by the District's May 17, 1968 letter. He noted that discussion on the merits of the allocation could take place at the time of budget hearings. RESOLUTIONS In presentation of further business off the agenda, Mr. K. T. Rice was recognized and urged favorable consideration of the Reed Union School District's request that Tiburon participate equally with the City of Belvedere in providing during the next school year a paid, adult cross- ing guard. at Tiburon Boulevard at Reed School. The cost to each city was stated to be $750.00. He affirmed the District's interest in working with the City to implement a junior safety patrol program as a supplementary safety provision. \ CROSSING GUARD at REED SCHOOL ABSENT COUNCILMEN Bremer, Drohan NOES COUNCILMEN Ellinwood AYES Question on the motion was called for and passed COUNCILMEN Fanning, Rice Ellinwood stated projected income figures would indicate the Railroad should give the City some assurance of suitable improvements to change the appearance of the lot; further, she felt having jurisdiction for such permits rest with the City Council precluded the Board of Design Review from their proper function--other than the sign--and felt the lot should not become operative without approval being given to the striping, surfacing, landscaping, and control of egress and ingress Rice noted the Railroad must pursue their application for sign approval with the Mr. Ben Farlatti was recognized and stated that if landscaping per- formed by the Railroad was not adequate, the Chamber would landscape on both sides of the bus depot bUilding. The Chair acknowledged with appreciation the Chamber's offer. Board of Design Review Mrs. Pat Brooks was recognized and asked whether the City might not participate in revenues from the lot. It was pointed out by the Chair that the subject property was private and not publicly-owned. Mr. Rod Friedman was recognized and requested further description of the intended improvements to be made by the Railroad. After some dis- cussion, it was the sense of the Council--and agreeable to the Railroad-- that the words not to exceed" be deleted from the application, where they preface the figure $150.00, as it was felt $150.00 was the minimum acceptable for landscaping. Mr. Finsterbusch stated that conditions for improvement and mode of operation of the lot were recited in the Railroad's letter to the City dated April 12, 1968 become effective at such time as the Mayor has confirmed that appropriate agreements herein referred to have been executed. City Council Minutes #145 -3- the June 24, 1968 Mr. Edward Karr, applicant, was recognized and protested the conditions were discriminatory and no other Main street merchant had been made to comply with such restrictions. As to the specific conditions, he stated a printed catalog of merchandise to be auctioned would be available at least 4 to 5 days prior to sale, but he felt the requirement of an inventory to be filed 10 days ahead of sale was unreasonable; he had previously stipulated to holding only six auctions per year; he was willing to stipulate to providing 25 parking spaces; he would hold auctions only on Mondays, Tuesdays or Wednesdays, between the hours of 8:00 and 11:00 P.M. As for maximum c'111ding capacity, he did not feel 75 persons was too many for the structure. The Development Administra- tor replied a more accurate measurement on which to base occupancy could be made and perhaps a larger maximum might obtain. In discussing these points, the Staff was directed to work with the building owner, Mr. Fred Zelinsky, to assure that the second exit to the building would have an outward-opening door. narrow well as the City EY bill #69 of June 19, 1968, the continued hearing of Mr. Edward Karr application for an auctioneer's license to operate at .#9 Main street was now before the Council. Hearing was opened on June 10, 1968, at which time applicant was requested to meet with Staff to work out solutions to objections raised. The City Manager reported such meeting had taken place, and presented a 2-page statement of recommendations to be considered by the Council in issuing such a license to Mr. Karr. The six conditions set forth were based on the problems caused by the street, complicated intersection and parking limitations, as unsuitability of the structure to house the proposed auctions, Manager stated. AUCTIONEER'S BUSINESS LICENSE Continued Hearing s VIr MINUTE ORDERS ABSENT COUNCILMEN Bremer, Drohan NOES COUNCILMEN None AYES COUNCILMEN: Ellinwood, motion was called for and unanimously passed Fanning, Rice Question on the amended MOTION AMENDED bj Fanning, with approval of Mover and Seconder, delet- ing from the 6th line of the resolution the words "face to thll south and which", in the 8th line deleting "ortl before the wor "Angel Island, and adding the following to that line, "and such hers as shall be determined." Ellinwood questionned whether the zone would govern height of buildings in protecting views. The City Attorney replied the language was extremely general and was suggested by the Planning Consultant as a starting point. Ellinwood expressed pleasure with the concept but felt reference to specific views should be amended MOVED by Rice, seconded by Ellinwood, that Resolution No. 212 be adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON OF ITS INTEN- TION TO AMEND ORDINANCE NO.9 N.S., THE ZONING ORDINANCE, BY ADDING A "V" COMBINING ZONE OVERLAY ON CERTAIN LOTS IN RESIDENTIAL ZONES. The Chair presented draft of a resolution prepared by Staff to give notice of the Council's intent to amend the Zoning Ordinance to create a "V", combining zone overlay, which would apply to lots in all resi- dential zones which, when developed, would have views of the City of San Francisco, Golden Gate Bridge or Angel Island. Passage of the resolution would put the matter before the Planning Commission for con- sideration and hearings. RESOLUTION OF INTENT TO AMEND Resolution No 212 ZONING ORDINANCE TO CREATE tv " ZONE ABSENT COUNCILMEN: Breme r , Drohan NOES COUNCILMEN None AYES City Council COUNCILMEN Minutes -11145 Ellinwood, Fanning, -4- Rice June 24, 1968 The Chair directed Staff to work with Mr up the matter of the old easement. and Mr. Frank Ramblas was recognized and stated relocation of the drain had cost some $2,000 and would benefit his neighbors as well as himself and felt he should not have to bear the cost solely. The City Engineer stated the Ramblas' had consulted with him in this relocation and as a result, he had addressed a letter to them which he hoped would relieve the prospective buyer's mind as to legally being able to build over the old, unaccepted drainage easement. Mrs Ramblas to clear Because of the details involved and the need to obtain more background material, the Chair directed the Chairmen of the Public Services Com- mittee and Lands and Development Committee to serve as an ad hoc com- mittee to work out a policy statement for the City and to bring it to the Council, with supporting material, for consideration and action. ay bill fl75 of June 17, 1968, the City Engineer brought before the Council the offer of dedication of a storm drainage easement on Lot 11, Pilgrim Heights Subdivision, Rock Hill Road, by Mr. and Mrs. Frank Ramblas of 2 Apollo Road. It was noted that a former drainage easement--not accepted by the County or City--had been moved in order to make the lot saleable and the owners were now offering the relocated easement to the City, raising the question of the City's policy on accepting such easements. EASEMENTS OFFERED FOR DEDICATION ABSENT COUNCILMEN Bremer, Drohan NOES COUNCILMEN None AYES MOVED by Rice, seconded by Fanning, that an auctioneer's license be issued to the applicant on the followlng conditions: (1) the building shall be posted for a maximum capacity of not less than 64 persons, or such other maximum as the Mayor, upon advice of Staff, may impose within the next 30 days; that (2) a second exit from the building, acceptable to the building department and fire department as to location and specifications, be required; (3) that auctions held shall be limited to not more than 6 each 12 months, not more than two of which would be during the months of June, July, August and September, and no auctions shall be held on Thursdays, Fridays, Saturdays or Sundays; (4) that a minimum of 25 off-street parking spaces shall be provided within a reasonable distance of -#9 Main Street, such reason- able distance to be acceptable to the City Engineer and officer in charge of police services or, in the alternative, that licensee shall prOVide the City with documented evidence that said 25 spaces are available without fee and continuously at the times of auctions; (5) the police department shall be notified not less than 10 days before any scheduled auction is held; (6) a complete inventory of merchandise to be auctioned shall be filed with police services of the City of Tiburon at least 5 days prior to sale; unanimously passed: COUNCILMEN Ellinwood, Fanning, Rice Ellinwood asked what structural changes had been made to the building since its last use as a hardware store. Mr. Fred Zelinsky was recog- nized and stated he had put new pilings under the building six years ago and had an application pending now for remodeling of the front. Ellinwood stated the restrictions as to inventory and period of noti- fication appeared unnecessarily severe. Mr. the Ben Farlatti was recognized and protested the condition requiring setting aside of 25 additional parking spaces Mr. Karr responded to questlon of Mr. Rod Friedman that adequate fire protection facilities had been provided for the building. Mr. Fred Mantegani was recognized and stated the requirement of sub- mitting an Inventory of goods for sale was setting an undesirable precedent. Mr. Don Loomis was recognized and asked about provisions for picking up and delivery of goods at the subject address. The applicant stated this would be accomplished without illegal parking in the red zone in front of the subject building. City Council Minutes ft145 -5- June 24, 1968 MOVED by Ellinwood, seconded by Rice, that the Council support the Parks and Recreation Commission's Resolution No. 10 establishing an "Ayala Day" celebration, on the assumption the budget can support the requested allocation of $1,500, and if it can't be supported to that extent, to the degree that it can be underwritten unanimously passed Mrs. Polly Smith, Chairman of tre Parks and Recreation Commission, recognized and stated the fund was intended to serve somewhat as a "revolving fund" for such activities planned by the Commission. was By billGJ~6 of June 18, 1968, the Parks and Recreation Commission sought Council approval and allocation of $1,500 to underwrite the "Ayala nay" celebration proposed by the Commission to be held in September. The Chair stated this allocation had been foreseen in budget discussions as it related to the increased hotel tax funds request that that increase be allocated to such civic functions the and PARKS AND RECREATION COMMISSION PROPOSAL FOR CIVIC CELEBRATION ABSENT COUNCILMEN Breme r, Drohan NOES COUNCILMEN None AYES COUNCILMEN Ellinwood, Fanning Rice Question on the motion was called for and unanimOUSly passed Mr. Harold Hobbs, speaking for Hill Haven Property Owners Association President George Sayre, was recognized and asked that consideration be given to more regular maintenance of Hill Haven streets, now eleven years old, to prevent breakdown. It was noted that altering Project 68-p-23, 'Widening of Diviso" to include only the retaining wall element would be accomplished and new number "69" assigned MOVED by Rice, seconded by Ellinwood, that to the extent possible, the Staff make an indication with respect to the M-69 items as to how much of the monies would be coming out of operating budget as opposed to Gas Tax Funds; that on page 2 of this report, Item 22-69 be added calling for surfacing of that little neck of access into Seafirth, off of Paradise Drive, and that some estimate of cost therefor be entered by Staff; that on page 3, Project 68-p-3 be deleted, "Extension, Cay- ford Drive between Cecelia", that Project 68-p-23 be deleted, substi- tuting therefor construction of a retaining wall at Diviso street, at a cost to be estimated by the City Engineer, as has been previously noted; that Project 67-P-lO, Extension of Porto Marino Drive to Trestle Glen, Project 68-p-17, Esperanza to Mar West Street Extension be deleted. Mr. Don Loomis, Belveron Gardens resident, was recognized and stated he felt monies earmarked for Porto Marino Extension should be redesigna- ted. Ellinwood endorsed this comment since it appeared, as stated by the City Manager and City Engineer, that such extension was 20 years away. She suggested a gas tax fund be established with no individual allocations and further asked that Staff designate on the budget which streets are on the Select street System, as well as indicate which qualify for construction or maintenance funds in order that the Council might be guided in establishing priorities. Rice stated the Public Services Committee would suggest adding an over- lay to the small egress strip at the entrance of Seafirth Road as well as including Spanish Trail Road in improvements, and agreed with the Public Services Committee of the preceding year that a second access to old Tiburon should have higher priority in major improvement projects. A three-page itemization of proposed maintenance and improvements to City streets was presented for consideration in which 18 repalr and alteration jobs were budgeted for 1968-69, provision made for contract services on the cyclical maintenance program and major street construc- tion projects noted 1968-69 BUDGET Consideration of Maintenance, Repair and Alteration Budgets and Capital Improvements - Streets City Council Minutes 11145 -6- June 24, 1968 City Council Minutes fl145 -7- June 24, 1968 1968-69 BUDGET - Ca~ital Improvements Mrs. Smith stated that flve members of the Parks and Recreation Com- mission were present to discuss the capital improvements portion of the Parks and Recreation budget which, for convenience, had been included on the streets budget previously discussed. Mr. Allan fuompson, Parks and Recreation Commissioner, was recognized and on behalf of the Commission, suggested deletion of the water storage tank; stated improvements to the Railroad right-of-way should be left to the Council's discretion and not included in their budget, although it was hoped the Council would take note of the need for such expenditures to improve the right-of-way if acquired. He further described the Ilpromenade and deckll shown as item 3, stating this was a reestablishment of a wooden walkway which existed years ago along Paradise Drive near the stone Tower. VIII. REPORTS CRIME BUREAU - 1st Quarterly Report DEVELOPMENT ADMINISTRATOR - Month of May, 1968 SUPERINTENDENT OF PUBLIC WORKS - Months of April and May, 1968 TREASURER - Monthly Cash Flow Statement and Fund Receipts by Source-May r68 The Chair directed that without objection, the reports above noted were accepted. COUNTY REGIONAL LIBRARIES The Chair directed that the County staff study and proposal for County regional libraries be referred to the Parks and Recreation Commission for recommendation. IX. QUESTIONS Angel Island Noting the formation of a joint committee by the City of San Francisco and Marin County Board of Supervisors, relating to Angel Island development, Ellinwood suggested that inasmuch as all but 1% of Angel Island is within the City's borders that these bodies be so notified and informed of the City~~~t~aVing representation on the Committee which, with the ~, I I cuss uch future development o~ the Island. The Chair directed the City Manager to communicate with all parties concerned and advise the Mayor of the desire for an appointment to the joint committee. Salary Schedule Ellinwood asked that the Council might consider amending the motion made at the last meeting to stipulate to the step increase for the Superintenden- dent ~f Public Works, in view of the effect of the motio~iS salary if the step increase is not granted by the City Manager. t e City . M~ager'S sugge~tion, no action was~7-ssary. j..Jk ~ d~ ~~ ~:::~:~~~ ~ Gun Control ._____ . . c:L-~ - ~~=. 7 _ w-o ~L#.-~~ Rice asked hat an ordinance similar to that adopted by the County be considered for adoption by the City pertaining to more stringent gun control. The City Manager responded the County was formally placing such a request for action by cities, and when received, it would be forwarded to the Public Services Committee. Belvedere-Tiburon City Boundaries The City Manager reported he was filing with Local Agency Formation Com- mission Mr. Fred Zelinsky's petition for inclusion of his property within the Tiburon rather than Belvedere city boundaries. City - County Planning Council - Ellinwood asked that time be provided on the next agenda for a report on the subject Council. X A 1968, - At 12 A.M., June 25, the the meeting adjourned by City Council on: