Loading...
HomeMy WebLinkAboutTC Min 1968 (July thru December) Minutes #146 CITY COUNCIL 8 July 1968 CI Y 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 William R. Bremer at 8:05 P.M. on July 8J 1968 in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice ABSENT: COUNCILMEN: None EX OFFICIO: Lawrence D. Rose, City Manager Richard H. Breiner, Deputy City Attorney Phil V. Scott, Development Administrator Louis F. Brunini, Superintendent of Public Works Russell Melquist, Assistant to City Manager III. APPROVAL OF MINUTES There being no objection, the Chair directed that approval of Minutes #145 be continued to the next regular meeting. IV. ORDINANCES REZONING OF REEDLAND WOODS UNIT #1 Introduction and First Reading EW bill #89 of June 26, 1968 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S. TO CLASSIFY CERTAIN PRO- PERTY AS RO-2 came on for introduction and first reading. It was noted that prior to annexation, Reedland Woods Unit #1 subdivision was withi!"1 the County's RI-B2 zone, which zone was retained upon annexation as an interim zoning prior to establishing zoning at this hearing. By Resolu tion No. 34, the Planning Commission recommended RO-2 zoning for the area. The Chair declared the public hearing open.. Mr. Lawrence Olin, developer of the subdivision, was recognized and stated he had agreed to RO-2 zoning when it was suggested before the Planning Commission, but had since found the 15' sideyard setbacks of that zone were too stringent for development of the remaining lots and he asked that a 10' side setback be considered--the prevailing setback under which most of the subdivision had been developed under County zoning. It was suggested that the developer simultaneously present to the Board of Adjustments request for variance for all lots on which the reduced side setback would be required, basing such request on the narrowness of the lots in proportion to total size and the fact this would permit development to conform to existing building. The Chair declared the public hearing closed. MOVED by Drohan, seconded by Fanning, that the ordinance be read by title only; unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Title was so read by Drohan. MOVED by Drohan, seconded by Fanning, that the ordinance be considered to have passed first reading; that the City Clerk be instructed to include in the minutes of the meeting the sense of the Council that the ordinance was accepted at its first reading with the understanding there would be a number of lots which would probably be subject to variance because of their narrowness; unanimously passed: City Council Minutes #146 -2- 8 July 1968 A YES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None V. CONSENT CALENDAR PORTO MARINO EXTENSION DIVISO STREET IMPROVEMENT ASSESSMENT DISTRICT ESPERANZA STREET EXTENSION Proposals to Table SmmER OF UNDERSTANDING - Proposal Rice explained the first three items on the Consent Calendar related to street improvement projects which were not anticipated to be under- taken in the next fiscal year and the fourth item concerned some corres- pondence on which further information was expected to be received. NOVED by Rice:; seconded by Drohan, that Items 9, 10, 11 and 12 on the Consent Calendar be adopted; unanimously passed: AYES: COUNC ILl\lEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None VI. SUSPENSION OF ORDER OF BUSINESS 1968-69 BUDGET Administration and Finance Committee Chairman Fanning passed out copies of the proposed 1968-69 budget and noted the matter was before the Council now only for setting of a special meeting and contents were not to be discussed at this time. Drohan requested that 1967-68 figures be inserted on the sheets for comparison purposes. Rice asked that function totals be indicated, as in Summary Sheets. The City Manager agreed to supply these data within a few days. The Chair directed the special meeting would be held on Wednesday, July 17, 1968 at 8:00 P.M. in the City Hall Council Chambers. VII. ORDINANCE REZONING AP 58-121-11 at 949 TIBURON BOULEVARD FROM RO-2 to R-I Introduction and First Reading By bill #88 of June 26, 1968 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S. TO RECLASSIFY CERTAIN PROPERTY FROM THE RO-2 ZONE TO THE R-l ZONE came on for introduction and first reading, following public hearing by the Planning Commission on the applicant's rezoning petition requesting R-l zoning. The Chair declared the public hearing open. Mr. Raymond Weeks, applicant, was recognized and spoke in favor of the rezoning explaining this would include all of his property in the same zone and permit division into three R-l building lots. There was no other person present to speak for or against the applica- tion, and the Chair declared the publiC hearing closed. MOVED by Fanning, seconded by Drohan, that the ordinance be read by title only. Rice noted that when the applicant had appeared before the Planning Commission for a lot split protests were received. Mr. Weeks replied that he believed these were more in the nature of inquiries and to his knowledge, these had been satisfactorily answered. Question was called for and motion unanimously passed As a resident of the subject area, the Chair spoke in favor of rezoning and stated this would give those homeowners whose homes were so sited an opportunity to divide their lot if they chose; that maintenance of I-acre lots was difficult in an area short on water and sanitation; and it was economically prohibitive to maintain I-acre development for There were no persons present to speak against the reconsideration of rezoning, and the Chair then declared the public hearing closed. He added that annexation proceedings would commence within the next month or two to bring the area into Sanitary District #2 for sewage disposal. Further, he noted many persons purchasing property in the Tract within the last five years had done so with the understanding that a l-acre deed restriction, expiring in January, 1967, would permit them to build -2 homes on each lot with expected zoning change and they had so sited their homes to take advantage of expected subdivision. A Dr. G~, Taylor Road, was recognized substantiating this latter statement as a homeowner who had bought his home anticipating a second building under 1/2-acre zoning. He emphasized this rezoning applica- tion was a request of the majority of the'landowners in Taylor Tract and their wishes as to zoning of their area should prevail. Dr. I. Ernest Gonzalez, Taylor Road, was recognized and reviewed the history of the rezoning petition. He stated the rezoning to RO-2 offered the only inducement for developing adequate utilities and sewerage and he had talked to owners representing 90% of the undeveloped Taylor Tract land and obtained their agreement that RO-2 zoning would be such an inducement. He argued that maintaining I-acre lots in an orderly, attractive fashion was a burden for most homeowners of the area, especially with limited water facilities, and urged the Council to rezone to RO-2, perhaps adding a restriction that no building could be started on any lot until a sewerage system was established. MOVED by Drohan, seconded by Fanning, that Resolution No. 26 of the Planning Commission setting forth certain findings in the above matter be upheld and that the area of the Taylor Tract designated as A-I remain in the RO-l zone. Drohan reported the Lands and Development Committee had studied the petition for 1/2-acre zoning of Taylor Tract as originally presented by Dr. Gonzalez, had examined minutes of Planning Commission meetings and made an on-site inspection. They concluded that the Commission's findings should be upheld and RO-I zoning retained for Taylor Tract because (1) RO-l standards were consistent with the Master Plan and with development of the tract to date and (2) facilities for utilities and sewage disposal were not adequate for more dense development. The Chair declared the public By bill P79 of July I, 1968 the Development Administrator put before the Council letter of Dr. I. Ernest Gonzalez dated April 8, 1968 request- ing reconsideration of the Planning Commission's action in exclusing Taylor Tract from a rezoning in the area from RO-I to RO-2 hearing open REZONING OF TAYLOR TRACT FROM RO-l TO RO-2 ZONE Reconsideration A recess was taken The meeting convened again at 9:02 P .M ABSENT COUNCILMEN None NOES COUNCILMEN Rice AYES MOVED by Fanning, seconded by to have passed first reading; COUNCILMEN Drohan, Ellinwood, Drohan, that the ordinance be considered motion passed: Fanning, Bremer Title was read by Fanning ABSENT COUNCILMEN None NOES COUNCILMEN None AYES City Council COUNCILMEN Minutes 1'146 Drohan, Ellinwood, -3- Fanning, Rice, Bremer 8 July 1963 The Chair reported that he had addressed a letter to the Boeing Aviation Company on July 5, 1968 directing their attention to the fact that Angel 'sland lies mostly within the boundaries of Tiburon and this City has an ycute interest in any proposals for the use of Angel Island as they would affect transportation, parking, police and fire services as well as docking facilities. He asked that the City be kept informed of any plans the Army might have for use of the Island for an anti-missile base. Copies of the letter were sent to the Mayor of San Francisco, Marin Board of Supervisors, C:ty of Mill Valley and to Major General vlinn of the 6th Army, who had contacted all of those named--except fiburon--and presented their plans for use of the Island as a base for anti-missile missiles. ANGEL ISLAND VIII SUSPENSION OF ORDER OF BUSINESS ABSENT COUNCILMEN None NOES COUNCILMEN None AYES MOVED by Fanning, seconded by Drohan, that public hearing on the proposed amendments to the Zoning Ordinance be set for August 12, unanimously passed: COUNCILMEN Drohan, Ellinwood, Fanning, Rice, Bremer 1968 ; Fanning noted the Administration and Finance Committee is working on a project to expand provisions for giving public notice, and he assured Mr. Sayre that among others, property owners associations, as well as TPAC and the Chamber, would be notified of this hearing. The City Manager added that a press release would go forward also Mr. George Sayre, President of Hill Haven Property Owners Association, was recognized and stated in view of the substantial public interest in these amendments that full notice of the hearing date should be given. ay bill #90 of July 1, 1968, the Development Administrator reported that by Resolution Nos. 28 and 33, the Planning Commission recommended that various changes in the Zoning Ordinance should be made--some of which had been referred to the Commission for study by the Council, some were initiated at Commission level. The Lands and Development Committee concurred that amendments should be set for publiC hearing, and the Development Administrator suggested the date of August 12, 1968 AMENDMENTS TO ZONING ORDINANCE Setting of Hearing Date ABSENT COUNCILMEN None NOES COUNCILMEN Bremer AYES COUNCILMEN: Drohan, motion passed Ellinwood , Fanning, Rice The question was called for Ellinwood stated that while regrettable, she did not feel purchasers should have bought property on the assumption the zoning would change with expiration of the deed restriction and she felt the 1956 Master Plan should be upheld. and In answer to Ellinwood's question, the Deputy City Attorney stated he did not believe the requirements for variance could be met by those owners in Taylor Tract who wished to divide their one acre as the hard- ship element could not be established. The philosophy of the City's adopted Master Plan was debated by the Chair and Fanning as to the validity of the 25,000 "holding population upon which densities were based. " Fanning stated he that this rezoning that although some persons of a lot split and recover the remainder would have to split. and Drohan had found from their on-site inspection was not the unanimous expression of the residents; had so sited their homes to take advantage costs of added sewerage and water facilities bear the costs without benefit of a lot , an area this close to a City Council Minutes f146 cosmopolitan -4- center like San Francisco 8 July 1968 City Council Minutes f146 -5- 8 July 1968 The Chair also noted the Mayor of San Francisco had been advised of the City's interest in being represented on a committee which he instigated to study park feasibility on Angel Island. Ellinwood related facts from a conversation had with Mr. Ben Farlatti, Chamber President who was the only civilian present when the Army presented their plans. She supported an approach whereby Tiburon would solicit the support of all other Marin cities in dealing with the "regional" problem of Angel Island development. Dr. George Ellman, Parks and Recreation Commissioner, was recognized and suggested that the state's Department of Parks and Recreation be invited to present their master plan development of Angel Island to the City. Mr. John S. Hoffmire was recognized and suggested the Mayor personally con- tact San Francisco's Mayor Alioto and City Administrator to establish better public relations. Drohan suggested (1) a personal meeting between Mayor Bremer and Mayor Alioto, (2) that Ellinwood contact local and state officials she knew for a sounding out on the present status of Angel Island park development and their feeling about the Army's proposal, and (3) that the Army be asked to make a presentation of their plan to the City. Mr. Jack Clarke was recognized and asked what the City's position was on the development of Angel Island. Dr. Ellman responded this was within the jurisdiction of the state to determine, and not the City. It was the sense of the Council that Drohan's suggested line of procedure be followed. RETAINING RAILROAD TUNNELS Ellinwood reported that Mrs. James F. Morgan, 19 Mercury Avenue, Belveron, had proposed that the City take immediate action to assure that the two railroad tunnels would remain open--if structurally sound--in order to assure low-level access across the Peninsula and provide valuable links to a trails system should the right-of-way be obtained by the City and be developed for trails. It was noted the rails, ties and trestle itself are now being removed and Ellinwood urged prompt action in looking into the feasibility of this sugges~ion. In accordance with the unanimous wishes of the Council, the Chair directed the Public Services Committee, with the City Manager and City Engineer, to contact the Railroad immediately to work out some arrangements, if possible, for the retention of the tunnels at Reed Ranch Road and near the Bel Aire School. IX. RESOLUTIONS PERSONNEL - AMENDING ANNUAL SALARY PROGRAM, RESOLUTION NO. 209 Resolution No. 214 Ey bill i~l of July 1, 1968 the City Manager requested that a resolu- tion be adopted amending Resolution No. 209--the recently-adopted Annual Salary Program for 1968-69--to provide for employment of a general clerk under the category of casual employment in order to pro- vide occasional clerical assistance during peak workloads in the office It was noted this position, at $2.50 per hour, would require amendment of Exhibits "A I' and "E" of said Resolution No. 209. MOVED by Fanning, seconded by Bremer, that Resolution No. 214 be adopted, A RESOLUTION AMENDING RESOLUTION NO. 209, EXHIBITS A AND E, OF THB ANNUAL SALARY PROGRAM FOR THE CITY OF TIBURON FOR THE FISCAL YEAR 1968-69 BY PROVIDING FOR ADDITIONAL CLERICAL SUPPORT; unanimously passed: AYES: COUNCILMEN Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN None ABSENT: COUNCILMEN None X. MINUTE ORDERS CORPORATION YARD SITE City Council Minutes fl146 -6- 8 July 1968 By bill #31 of JUly 3, 1968 the Public Services Committee reported they had been discussing with Reed Union School District's Board the possibility of a temporary joint-use of their vehicle park behind Reed School, looking toward the possibility of ultimately sharing a per- manent site on the Peninsula. The Committee recommended that the Superintendent of Public Works and City Manager be authorized to make an investigation and prepare appropriate data as promptly as possible regarding the feaSibility and desirability of a temporary public works headquarters on Reed School property. MOVED by Rice, seconded by Drohan, that the report and recommendation of the Public Services Committee be adopted; unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None SCHOOL CROSSING GUARD - REED SCHOOL By bill .fI=92 of July 3, 1968 the Public Services Committee recommended that provision be made in the 1968-69 budget for $800 to fund half of the amount required to provide adult supervision and crossing signs at Reed School and Tiburon Boulevard. It was further recommended that Staff explore with the School District what personnel should be recruited for the supervision task and report back to the City Council MOVED by Rice, seconded by Ellinwood, that the Committee's recommenda- tion as above stated be adopted. It was the sense of the Council that the second sentence of the motion should be retained but that Staff be instructed to work with the School District with the expectation that the District would handle administration of such personnel. Ellinwood expressed the desire that supervisors be recruited from retired persons of Tiburon, at Hilarita Housing Project; and also mentioned that consideration might be given now to the comparative costs of a permanent overhead crossing vs. the annual cost of supplying crossing guards for this intersection. The Chair directed Staff to keep the latter suggestion in mind. The Deputy City Attorney suggested that a hold-harmless agreement be executed by the District if they were to exercise sole management of the personnel. Question on the motion was called for and unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None APPLICATION TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE, BETWEEN TIBURON BLVD. AND MAR WEST Weinberg and Demaurex, Appellants The City Manager reported that Mr. Michel Demaurex had requested a continuance to July 22, 1968. There being no objection, the Chair directed this matter continued to that date. XI. REPORTS CITY-COUNTY PLANNING COUNCIL Ellinwood reported on the June 13, 1968 City-County Planning Council meet- ing which she and Rice attended. She requested that reports of such meetings be agendized as quickly after the meeting as possible. She noted the meeting had been devoted to developing concepts of the Council, establishing priorities for its program, and a budget. The Chair directed that the report be accepted. TIice added that it might be well for the City's Jlanning ommission to develop a transportation plan for the City and use this Council as a vehicle City Council Minutes 1146 -7- 8 Ju-ly 19c8 for better liason with the Division of Highways. The Chair requested that these comments be made into a memorandum from the Council to the Commission apprising them of this request and informing them of the urgency and need for setting a priority to get into this project. TRANSFER FOR TIBURON AND BELVEDERE BOUNDARIES Fanning reported on the status of small exchanges of territory by Tiburon and Belvedere. He stated that while since February or March it had been assumed these transfers would be effected under mutually-acceptable filings, it appeared the exchanges would go forward independently. He suggested, however, that the City make no protest to the hearing before the Local Agency Formation Commission on July 11, 1968 of the petition for annexation to Belvedere by some San Rafael Avenue property owners. MOVED by Fanning, seconded by Bremer, that the City of Tiburon not take any action before the Local Agency Formation Commission on July 11, 1968 when this hearing occurs and that the Mayor continue discussions with the Mayor of Belvedere directly and continue with proceedings on our petition to LFCOj unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None DEVELOPMENT ADMINISTRATOR MOVED by Fanning, seconded by Rice, and unanimously passed that the report of the Development Administrator for the month of June be adopted. XII. QUESTIONS HILARITA HOUSING HEARING MOVED by Drohan, seconded by Fanning, that the second public hearing on future use of Hilarita Housing Project land be held at Reed School on August 26, 1968; unanimously passed. The Chair directed Staff to limit the agenda for this meeting so that no controversial items would appear in order to g~ve adequate time for this hearing. To Ellinwood' . comment that Mr. Lamott's letter to the Committee had not been for the purpose of urging setting of a second public hearing but to suggest a meeting with the Committee he represented and the City's Ad Hoc Committee, Drohan stated his committee would agree to meet with that group before the scheduled hearing was held. In the meantime, the City Manager noted the Marin Housing Authority's posture before the Board of Supervisors would be that they had no position until Tiburon had completed hearings and made recommendations. COMMITTEE TO DEVELOP POLICY ON ACCEPTING EASEMENTS The Chair named Fanning and Rice to serve as a committee to establish a policy for accepting easements. RESOLUTION COMMENDING REPORTER Fanning suggested that Staff prepare for the next meeting a resolution commending Elizabeth Von Kahl, former Independent-Journal reporter, for her object~e reporting of the City's Council and Commission meetings. EXPIRATION OF TERMS OF FIVE COMMISSIONERS Ellinwood noted expiration of Planning Commissioners' terms in June 1968 for Macgowan, Banks and DeMartini and in JUly, of Parks and Recreation Commissioners Smith and Loomis' terms. She asked that these openings be publicized and suggested that applicants--including Commissioners who might wish to be reappointed to their expiring terms--be interviewed by the Council in Executive Session. The Chair requested the press to note these openings would be discussed at Executive Session at the first regular meeting in ALgust. He requested all applicants to make their names known to either the Council City Council Minutes 1146 -8- 8 JUly 1968 or staff in order that they might be considered at that meeting, requesting incumbents to contact him or any councilman to express their desires as to continuing to serve. XIII. ADJOURNMENT At 11:40 P.M. the Chair declared the meeting adjourned Approved by the City Council on: ~ 1968 Maintenance or recons 24: ary Mr. Frank Brooks was recognized as reflected in this item. A/C 501 Maintenance Man, Position No 26: Ellinwood questionned whether this new position might not be used to ire a gardener, releasing one maintenance man to work heavy equipment. The Chair questionned the value of such specialization stating he preferred leaving these matters to the discretion of the department head . Legal Publications: Discussed, and agreed to look at this ~ 2,000 again, prior to taking final action on the budget A/C 502 - Vehicle Allowance: Ellinwood questionned the advisability of providing this amount for the City Manager's car. No change was made in the $600 budgeted as it was the sense of the Council this was a justified expense. C 501 - Assistant to City Manager, Position No.4: Ellinwood questionned e computation of this salary, which was confirmed to be based on $685 per month for five months and $720 per month for the remaining seven months with the step increase. Ellinwood commepted this represented a 20% increase in salary since the employee was hired l~ months ago. A/C 501 - Assistant City Clerk osition No.1: Ellinwood questionned the arithmetic which budgeted ~ for this position. Upon later review by the Assistant to the City Manager, he confirmed the figure should be $7,051, representing an increase in salary from the present $534 to $561 by change of range, effective 7/1/68, and ste~ increase as of 8/1/68 to $590 per month for the remaining 11 months. $571 added to Function A total The discussion was then directed to the item-by-item tive budget dated July 8, 1968 listing on the tenta- Ellinwood's suggestion that accrual bookkeeping be studied was accepted by the Chair who directed that this matter be assigned to the Administration and Finance Committee for study and report to ~he Council at thetime of presentation of the annual audit report~ Ellinwood suggested that a recap be made showing what had remained unspent from the previous year's budget and of that amount, what portion was being rebudgeted and what portion would revert to the General Fund. The Chair directed that this suggestion be kept in mind for budget preparations. The 1968-69 tentative budget was put before the Council by Administration and Finance Committee Chairman Fanning in the form of a 12-page report list- ing by function the budgeted expenses for the coming fiscal year, a summary recaping expenditures by general categories and projecting revenues and reserves, and a supplement sheet dated July 15th containing corrections to the previously-submitted report. Charts exhibiting proportion of the City tax bill to the total of a sample tax bill, revenue project10ns and actual receipts were among those shown by the City Manager. Total operating expenses of $387,559 were projected; $383,531 in total revenues anticipated and the budget maintained the present 60~ tax rate. III Lawrence D. Rose, Ray W. Foreaker, Louis F. Brunini, Russell Melquist, DISCUSSION ON BUDGET City Manager Jr., City Engineer Superintendent of Public Assistant to City Manager Works EX OFFICIO ABSENT COUNCILMEN Drohan Bremer, Ellinwood, Fanning, Rice COUNCILMEN PRESENT II Pursuant to notice duly given on July II, 1968, the special meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor vJilliam R. Bremer at 8:10 P.M., July 17, 1968, City Hall Council Chambers, for the announced purpose of discussing the 1968-69 budget. ROLL CALL I CALL TO ORDER Minutes #147 CITY OF TIBURON CITY COUNCIL 17 July 1968 Mrs. Polly Smith~ Parks and Recreation Commission Chairman~ was recognized 2nd asked that all programs of this Commission be placed under one heading in the budget. The Chair directed Staff to recap for the Parks and Ellinwood stated she would like to see specific reference to this project in the budget and suggested that a Parks and Recreation Commissioner con- sult with the City Engineer prior to the next budget discussion as to the preliminary work involved. The Chair agreed and asked that a Public Services Committee representative also participate in such discussions Mr. Allan Thompson, Parks and Recreation Commissioner, was recognized and urged that this project not get lost in any procedural delay as he felt the pedestrian safety was critical and the project could be, preliminarily~ budgeted for $4,000. A/C 20-69 Contingencies: Fanning stated that the boardwalk along Para- dise Drive was not specifically budgeted as no supporting data had been available on which to base a budget amount. Dr. Ellman urged that some contingency funds be used for surveying and planning this project. After some discussion~ the Chair agreed that preliminary work could be done within existing staff time and budgets but he didn't feel a specific budget could be allocated until the scope of the project was determined. He suggested that the Commission submit their request to the City Manager for the use of these staff abilities and such request would be "logged" in accordance with his previous instructions on control of Council and Commission requests. On this latter subject, he noted that outside of meetings, requests of staff by Commissioners or Councilmen should be in writing, directed to the City Manager. Function F - Parks and Recreation Commission Operations, Function R - Parks and Recreation: The Superintendent of Public Works pointed out that sanitary facilities at Richardson Bay Park were only budgeted for a 5-1/2 month period. Dr. George Ellman, Parks and Recreation Commissioner, was recognized and agreed the facilities should be available on a 12-month basis. Fanning agreed to review the item before final budget action~ as to A/C 524 A/C 501 - Clerk-Parking Controller, Position No 42: Ellinwood questionned whether this new position might be given more f~eXIbility to include taking the clerical overflow of the City offices from time to time. The Chair explained the position contemplated was for a woman clerk, uniformed, who could also patrol downtown Tiburon for parking violators. Ellinwood sug- gested this position be reexamined before final budget approval was given A/C 501 - Police Captain, Position No. 40: Ellinwood asked whether the figures were correct in tnat they indicated $12,696 payment by the County and $600 payment by the City for this position, whereas it appeared a Captain's pay was $1058 per month, which would be $12,696 total, of which the City's contribution would be $600. The Chair directed that these figures be checked. A recess Mr. Gordon Strawbridge was recognized and urged that consideration be given to establishing depreciation reserves in order to replace worn out equipment as that situation occurs. The Chair responded he did not feel the funds could be earmarked for this purpose while retaining the 60~ tax rate and noted that for the first time, the City was setting aside a reserve of $10,000 for land acquisition which he felt took precedence over depreciation reserves at this time. was called at 10:12 P .M The meeting reconvened at 10:30 P .M Services: Noted that Uniform Service was incorrectly e increased by $250, increasing total Services and and Function total to $42,672. A/C 501(b - Contract ries: Agreed to review this item before final budget approval in lig ~atever action was taken on equipment acqui- sitions for Department 0 Public Works that might eliminate need for some of the county services obtained under contract. The Superintendent of Public vforks noted this amount could easily be consumed in cleaning the drainage ditch at Trestle Glen, as in past years. Rice inquired whether this drainage situation couldn't be improved, and the Chair directed that the Public Services Committee should work with the City Engineer on the matter. Fanning agreed the Committee City Council Minutes #147 would reconsider -2- its position on this 17 JUly 1968 item City Council Minutes #147 -3- ~n 17 July 1900 Recreation Commission as well as Planning Commission the items budgeted under their respective programs. Ellinwood inquired why no provision was made for a Parks and Recreation Com- missioner to attend the League of California Cities conference, and was in- formed by Fanning that the Commission had made no request for this allot- ment. Mrs. Smith inquired about the $500 allocation they had asked be budgeted for continuing the trails study in the event the City did not choose the alternative of hiring a full-time planner instead of continuing with expanded consultant services. The Chair directed that this amount be noted for addition to the budget if a full-time planner is not hired. It was further noted that following A/C 19-69, another item of $525 should be inserted to cover payment to finish the existing contract with the County on said trails study. Fanning asked that the Commission supply his com- mittee with a memorandum as to the effectiveness of the services supplied by this contractor. Rice asked what provisions were made for recreational programs. Mrs. Smith replied that development of such programs was hampered by lack of facilities As to the $IO,OOO land acquisition reserve, Rice indicated this was not adequate to meet the needs of a boordwalk, corporation yard ; Fanning stated he hoped this initial reserve would be added to, and in the ensuing discussion on tax rate, the City Manager indicated $1,80o was raised by each l~ increase in tax rate. Mrs. Frank Brooks was recognized and stated she did not feel the City should be too rigid about the 60~ tax rate in view of the City's needs for parks and recreation. It was tentatively suggested that a special meeting would be called for July 31st to continue discussion of the budget. Rice stated the Public Services Committee was in need of engineering data in connection with the corporation yard and asked that it be supplied within the next two weeks. The Chair acknowledged the request. IV. ADJOURNMENT At 11:45 P.M. the Chair declared the special m~eting adjourned ~ ( ~ Approved by the City Council on: - J 1968 l ~ M REZONING OF REEDLAND vTOODS UNIT #1 TO RO-2 Second Reading and Adoption, Ordinance No. ZONE 20 N. S The correction was passed. v ORDINANCES noted and upon Ellinwood noted a correction in spelling on graph from bottom in that the speaker shown call of the question, page 3, third from last as Dr. Crowell was "Dr. motion unanimously pa ra- Krahl II MOVED by Fanning, seconded by Rice, approved as submitted. that Minutes #146 for July 8, 1968 be Question was called and motion was Rice asked that the word "federal be inserted in 5th line, page 1, "Approval of Minutes", before the words "legislative bodies". unanimously passed under Ellinwood noted page 7, 6th line under 'Angel Island" should be "State Park staff" rather than "Army"; and in the next paragraph under "Salary Schedule the following sentence be inserted ahead of the last sentence in the para- graph: "She noted that with a salary increment obtained through a range change, it was her interpretation that a new anniversary ate was ereby esta ished. " , MOVED by Fanning, seconded by Drohan, approved as submitted. that Minutes #145 for June 24, 1968 be IV APPROVAL OF MINUTES ABSENT COUNCILMEN None NOES COUNCILMEN None AYES COUNCILMEN Bremer, Drohan, Ellinwood, Fanning, Rice Question was called for and motion unanimously passed MOVED by Fanning, seconded by Rice, that the Consent Calendar be adopted Ellinwood requested removal of Item 6, School Crossing Guard, leaving the above subject items on Consent. She noted that the Ebb Tide newspaper had drawn an incorrect conclusion from her report on the closing of the two tunnels and stated that while Tunnel PI was not structurally sound and both tunnels would have to be filled for publiC safety, it was economically possible to reopen a tunnel for use in connection with a trails system in the future. UNDERGROUND UTILITY DISTRICT PUBLIC PARKING AUTHORITY Proposals to refer to Committee CLOSURE OF NORTHWESTERN PACIFIC Report, Ellinwood RA ILROAD TUNNELS III Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Ray W. Foreaker, Jr., City Engineer Phil V. Scott, Development Administrator Louis F. Brunini, Superintendent of Public Russell Melquist, Assistant to City Manager CONSENT CALENDAR v.Torks EX OFFICIO ABSENT COUNCILMEN None PRESENT COUNCILMEN Bremer, Drohan, Ellinwood, Fanning, Rice II The regular meeting of the City Council, nia, was called to order by Mayor \,Ti11iam 1968 in the City Hall Council Chambers. ROLL CALL City of Tiburon R. Bremer at 8 , . . state of Califor- 11 P.M. on JUly 22, I CALL TO ORDER Minutes :bL148 CITY OF TIBURON CITY COUNCIL 22 July 1968 City Council Minutes #148 -2- 22 July 1968 By bill 489 of July 10, 1968 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S. TO CLASSIFY CERTAIN PRO- PERTY AS RO-2 came on for second reading and adoption, having been given first reading on July 8, 1968. MOVED by Drohan, seconded by Fanning, that the ordinance be read by title only; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Title was so read by the City Manager. MOVED by Drohan, seconded by Fanning, that Ordinance No. 20 N.S. be adopted; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None REZONING PARCEL AT 949 TIBURON BOULEVARD FROM RO-2 TO R-l Second Reading and Adoption, Ordinance No. 21 N.S. By bill :-1'88 of July 10, 1968 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S. TO RECLASSIFY CERTAIN PROPERTY FROM THE RO-2 ZONE TO THE R-l ZONE came on for second reading and adoption, having been given first reading on July 8, 1968. MOVED by Drohan, seconded by Fanning, that the ordinance be read by title only; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Rice explained his negative note at first reading had been based on his understanding that legal notice of hearings on the rezoning had not properly identified the subject parcel. He had since learned that all notices, other than the July 8 agenda bill, had carried the street address of the parcel, AP 58-12l-11, and he had no objection to the rezoning based on its merits. Title of the ordinance was read by the City Manager. MOVED by Drohan, seconded by Fanning, that Ordinance No. 21 N.S. be adopted; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None VI. RESOLUTIONS COMMENDATION FOR ELIZABETH VON KAHL Resolution No. 215 MOVED by Fanning, seconded by Ellinwood, that Resolution No. 215 be adopted, A RESOLUTION COMPLIMENTING ELIZABETH VON KAHL FOR SERVICES IN THE FIELD OF JOURNALISM; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Chair then presented the resolution to Mrs. Van Kahl in recognition of her services to the community over the past 4-1/2 years as a reporter. Council Minutes #148 -3- 22 July 1968 VII MINUTE ORDERS SCHOOL CROSSING GUARD Proposal to Employ Off-Duty Police Officer ay bill ~98 of July 17, 1968 the City Manager endorsed Captain Johansen's recommendation that Police Officer Donovan be hired to supervise the Reed School crossing on Tiburon Boulevard. It was noted the hourly rate of pay to the officer would be $2.80 and work would be on off-duty hours. Ellinwood referred to the July 8th discussion of the matter and repeated her understanding that employment of a retired person--possibly from Hilarita--would be considered. The City Manager suggested that because the City will bear the responsibility for hiring and directing this personnel that Officer Donovan would be able to fulfill the assignment with greater security to the City, at least during the initial year of operation. He noted the officer would supervise the crossing, train and supervise the student safety patrol. Ellinwood stated she felt a serious attempt should be made to hire someone from the community--at least on a trial basis. MOVED by Drohan, seconded by Fanning, that Officer Donovan be hired for off-duty assignment at the Reed School crossing; unanimously passed: A YES: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None LIQUOR LICENSE APPLICATION BY BELVEDERE TENNIS CLUB EW bill #100 of July 17, 1968 it was reported the Belvedere Tennis Club had filed application for an on-sale liquor license. The Ci ty Manager recalled that in previous applications for such license oPposition had been expressed from Hawthorne Terrace residents, but the City had made no official protest, although they had asked in November '65 that a hearing be conducted on the application by the ABC Board. It was observed that the other private recreational facility, Tiburon Peninsula Club, holds a club license. Fanning noted no person were present to speak in opposition"to the application and asked if notice had been given the Hawthorne residents. The City Manager confirmed that the premises were posted, and public notice duly published in the newspaper but no specific notice was given to residents of the area. Ellinwood stated it was her recollection that cities could not officially protest. MOVED by Fanning, seconded by Drohan, that the City Council take no action at this time on the matter. In answer to Mrs. Helen Newman's question, the City Manager stated the matter was on the agenda in view of the extensive discussions before Council at the time of the last application and he wished Council to be aware of the current request of the Tennis Club. Question was called for and motion passed: AYES: COUNCILMEN: Breme r, Drohan, Fanning, Rice NOES: COUNCILMEN: None (see below) ABSTA INING: COUNCILMEN: Ellinwood (see below) ABSENT: COUNCILMEN: None A recess was called and the meeting reconvened at 9:08 P.M. !e Chair noted the presence in the audience of two Hawthorne Terrace resi- uents who wished to be heard on the just-completed matter. Mr. Joseph Keller, Hawthorne Terrace, was recognized and following the printed format provided by the Board for such protests, stated he would object to the issuance of a club license because of the Club being in the immediate vicinity of a school and a church, because it was in a residential area, and the increased traffic at the Club entrance would be hazardous. ~ bill #87 of June 20, 1968 the City Manager reported that with the limited Pacific Telephone Company staff to prepare poles to receive CATV cables, it did not appear this service would be available to the City Before June 30, 1969, but it was felt that Clear View Cable Systems, Inc , COMMUNITY TELEVISION SYSTEM VIII The Chair directed the matter continued to the August appellant's consent, and with the understanding that might be asked at that time. REPORTS a 12 meeting, with further continuance Ellinwood stated that she interpreted the City Attorney's remarks to mean that Mr. Martinelli, as a lessee and being part of the ownership of record of the property, could come to the City, file a formal application under the amended zoning ordinance and agree, as did the Railroad, to the stipulations relating to the fact such parking lot operation would not affect pending litigation; the application could be heard and if approved~ turned over to the Board of Design Review. Mr. Jerry Coles was recognized and asked if the City intended to enforce "no parking" restrictions along Paradise Drive, which is now being used for parking by some commuters who do not use ~he Railroad's commercial lot. The City Manager stated the parking areas were on private property and that "no parking" signs had been removed and would not be legally posted by the City. The Chair directed the Committee to also discuss this matter with the appellants. The Chair suggested continuance of the matter and suggested the appellants should work with the Lands and Development Committee. Fanning noted that when and if the planning aspect were solved, the matter should go to the Public Services Committee as to the parking facilities concerned. Mr. Demaurex was recognized and stated Mr. Martinelli was not the that his group was willing to make the same stipulation as did the road in receiving their permit to operate their lot; and that it was error to refer to his group as the "grantee" of the Railroad as they considered themselves to be the "assignees" of Tiburon Tidelands and such, did not have the elections available to grantees as lessee Rail- an The City Attorney stated that in view of the present litigation between the City and the Railroad, it would be his opinion that the matter would not be heard on its merits until there was compliance with applicable law insofar as the Subdivision and state Map Act are concerned. Further, he stated a recent application by a Mr. Martinelli to operate a parking lot on the same premises as those of appellants might render the appeal moot since Mr. Martinelli's application claims he is a lessee of the property. Mr. Michel Demaurex was recognized and proceed, as they had so advised Staff stated that inasmuch as Council was necessary to review the matter, he 1968 at 9:00 P.M. stated they were prepared to some days previous. The Chair not preared and lacked the material suggested a continuance to August 12, By bill #3 of July 12, 1968, appeal from a Planning Commission decision as to permit to establish a parking lot in the downtown waterfront area again came before the CouncilJ having been continued from January 17, 1967 to date, with consent of the appellants. APPLICATION FOR USE PERMIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE; BETWEEN TIBURON BOULEVARD AND MAR ~einberg and Demaurex, et aI, Appellants \ilJEST The Chair advised Mr. and Mrs. Keller to lodge their protests with the ABC Board and confirmed that individual notification would not be made to Hawthorne Terrace residents but through this public discussion they would aware of the application in order to express their thoughts to the Board. be Ellinwood stated her concern about granting a license had been addressed to the problems arising from renting of the premises--including license--which would cause more traffic problems and she hoped that if a license were issued that it would carry a restriction preventing renting of the Club's facilities with license. She asked that her Abstaining vote be changed to a "No" vote, so directed and recorded. City Council Minutes #148 -.4- 22 July 1968 Drohan acknowledged receipt of a TPAC letter suggesting the City request for stacking lanes along Tiburon Boulevard at the Avenida Rock Hill Road, Lyford Drive and San Rafael Avenue intersections. support a Miraflores, The City Left-Turn Stacking Drohan expressed the feeling the City should keep posted on the progress of the BCDC Preliminary Plan and should be represented at their next meeting. Ellinwood noted the meeting would be July 31 in the Supervisors' Chambers at Civic Center and urged all Councilmen to attend. The City Manager stated he had suggested that the Planning Consultant make a presentation to the Plan- ning Commission on the subjectj Drohan asked that the Commission also be urged to be present at the next meeting. The Chair directed Staff to deter- ine which Councilmen or Commissioners had not received a copy of the Plan and to supply same, noting Fanning had apparently not received a copy Lanes off Tiburon Boulevard BCDC Preliminary Plan It was the sense of the Council that no formal action should be taken at this time as to the proposed annexation efforts by Mill Valley. Ellinwood agreed with Fanning and commented that the City-County Planning Council recently discussed the value of establishing an annexation policy as related to area planning and she suggested that the City Manager or Plan- ning Consultant should make a presentation to the Councim. Drohan commented it appeared Mill Valley would be seeking annexation of the Strawberry Shopping Center, without seeking to annex the surrounding resi- dences. As Tiburon's sphere of interest had been established to include the entire Tiburon Peninsula, he felt the City should establish an official position before the Local Agency Formation Commission. Fanning noted that failure of Tiburon's recent efforts to annex the remainder of the Tiburon Peninsula had been brought about by protests filed by large financial ins- tituions in Los Angeles rather than single-family residences and there were many people who were anxious to be annexed to Tiburon. He felt that if ~ill Valley sought to acquire the shopping center alone, they should also lave to provide services to the surrounding residences as without this addi- tional tax revenue, it would be difficult for Tiburon to absorb them at some time in the future. ANNEXATION PROPOSED BY MILL VALLEY IX MOVED by Drohan, seconded by Fanning, approved unanimously passed QUESTIONS that Ellinwood questionned what appeared to be duplicate items on the Register of Claims No. 48 under retained services. The City Manager stated these were apparently two-month billings by the City Attorney and Planning Con- sultant. She also questionned why payments to the Ebb Tide for legal notices were paid under two different names. The Assistant to the City Manager stated he would look into this. Register of Claims No 48 be REGISTER OF CLAIMS NO 48 There being no objection, the Chair directed that the repo rt be received POLICE REPORT There being no further comment, received. June, 1968 the Chair directed that the report be Mr. Chanock, representing Clear View Cable Systems, was recognized and stated his firm was anxious to provide service as quickly as possible to their entire service area. He reported they were examining with the Corte Madera CATV firm the possibility of serving the Taylor Road, Sea- firth area. He noted the County of Marin has CATV services under study for a 90-day period and that as far as merger of existing firms, he felt this did not appear likely. to whom the City had awarded a CATV franchise on February 29, 1968, was proceeding with due diligence toward providing the service. A report was expected from this company as to providing service to the north side of the Peninsula through arrangements between Clear View and the CATV firm holding the Corte Madera franchise City Council Minu.tes -/1-148 -5- 22 July 1968 Ellinwood Mr. Milton McDonogh was recognized and exhibited a chart showing total number of passengers carried weekly from June 2nd through July 2lst--being 1200, 935, 890, 960 and 1,000, whereas in the week Harbor Carriers com- menced service his weekly total dropped to 675, and for the week of July 21 ~t was 580 passengers. suggested a motion be made to authorize the City Attonney to The Chair recalled the City's position at the time Harbor Carriers appeared before the Council in connection with an application to serve Angel Island had been that the services supplied by Mr. McDonogh were adequate at the time. Ellinwood reoalled the application wg's for a "dog-leg" from San Francisco-Tiburon-Angel Island and back to San Francisco, whereas the pattern established in the last eight days was only within the city limits-- being from Ma~n street to Hospital Cove on Angel Island. Fanning expressed the opinion that this operation was unfair to Mr. McDonogh, and the Chair agreed Staff should make an immediate investigation. Ellinwood suggested that the City Manager should prepare a letter to the PUC for determination of the validity of Harbor Carrier's operation; the City Manager asked that the letter be formulated by the City Attorney and that a letter be solicited from Harbor Carriers as well. She stated Harbor Tours had commenced these trips on July 17th and through the 21st had carried at least 600 passengers on a total of 39 trips, repre- senting gross revenue of $950 for the eight days. She had called the Public utilities Commission's legal department as to the necessity of having a PUC certificate of necessity or convenience to operate on a charter basis from one point to another in a city, and they advised they would be happy to make a determination in the subject case upon receipt of a written request by either the Councilor City Attorney. She stated PUC had advised that upon filing for a certificate, notice was sent to the city and any other interested carrier, and commented there was no notice received by anyone in this case Ellinwood stated Mr. Milton McDonogh had informed her that it appeared that Harbor Tours, Inc. was operating a non-scheduled ferry service to Angel Island without benefit of permit. Also, she stated that at their June 18 meeting, the Board of Design Review had approved a sign to be placed at Main street and Tiburon Boulevard bearing the legend "San Francisco, Tiburon, An~el Island state Park Ferry" which was confused now with the service Mr. Mc onogh provides and is permitted to operate as Angel Island State Park Ferry. Angel Island Ferry Service Legal Notice Rezoning Hearing on El Marinero Ellinwood stated that the July 17 issue of Ebb Tide on page 6 carried a legal notice of hearing on the rezoning of El Marinero which appeared to be defective as to having the location inadequately described. The Develop- ment Administrator stated it appeared a line had been omitted in printing. Fanning stated a conversation with TPAC Chairman revealed their interest in assisting the Council and Fanning suggested that a list of proposed projects which TPAC might study should be made up and furnished this group. TPAC Drohan suggested that former Mayor John S. Hoffmire, Jr. be renamed to the ad hoc committee studying underground utility districts, in view of his interest and past experience on th~s committee. The Chair agreed with the suggestion and noted the Planning ommission Chairman would also submit the name of a representative of the Planning Commission to this committee. Underground Utility District Drohan asked that the City Engineer review the requests of the TPAC letter and inform them what was being done by the City. The City Manager stated the matter would return to Council in the form of a report of the City Engineer. Study Appointment Manager stated Belvedere was taking some action on the San Rafael matter, and the City Engineer could be directed to conduct discussions with the Divi- sion of Highways as to the others. The City Engineer stated he had also been asked to review the stewart Drive intersection and sharp turn at Trestle Glen with the Division of Highways. City Council Minutes -If 148 -6- 22 July 1968 -~'MAYOR OF THE GITY U1"-- '1' l]:jUHUN Approved by the City Council on At 1.1 :07 P .M the Chair declared the meeting adjourned ..f'. x Fanning suggested' that rather than gotng .over the budget pie-e. by pieee that perhaps sorne'time could be found to get some questions raised by Ellinwood an~er€.~and to'formulate.some statements to resolve some of the'major ques~ tions which would cause a complete revision o-f the whole budget, and then the"matter could be put. on the agenda for the next regular meeting. The Chair asked if Fanning was suggesting that no furth~r special sessions be held. Ellinwood stated the question to resolve was that of hiring a planning director vs. expanding the planning consultant's services and another issue was the corporation yard. Fanning stated Ellinwood had .stated she did not concur with the parking controller-clerk position and this could be reopened Ellinwood stated that her comment on this' had been that the position might be enlarged to that of a one-woman steno pool to serve the. planning director or police department and this judgment could be made in terms of what was done with the planning sItuation. She stated the budget should be publicly' not privately discussed. The Chair directed the budget placed on the agenda ,for the next regular meeting. ADJOURNMENT 1968-69 The Chair reported responses to his letter to various dignitaries calling their attention to the existence of Angel Island within Tiburon's city limits had produced letters from Boeing and General Winn which indicated the City would be notified and invited to future SENTINEL Project briefings Fanning. urged that the City should not take an official position of protest until it was ,known what was planned by the Army. Ellinwood referred to the positions already taken by other Marin cities qnd felt Tiburon should be hea rd . ~dget Rice referred to a letter signed by 6-10 residents of the area near Acela Drive in which they requested installation of a fire road The letter was referred to Staff for response. Fire Road near Acela As to park development plans, she reported a public presentation by the state would be made in mid-August. The Chair stated that the special pre- sentation requested by the City's Parks and Recreation Commission might not be necessary in view of this wider presentation and asked Staff to bring the-'ma.t.ter to the Commission's attention. Drive Ellinwood reported that inquiries to State Park and Recreation officials indicated their hope the City would indicate their feelings with regard to the establishment of an anti-missile base on Angel Island as the depth of the approach taken by the state would reflect the views of local bodies. Angel Island as a Potential Anti-Missile Base Park Development A.BSENT COUNCILMEN None NOES:. COUNCILMEN None Fanning, Rice., AYES MOVED by Fanning, seconded by Drohan, that the City Attorney and City Manager be authorized to investigate this and if it should. appearafte-r dis- cussion with PUC that there is a violation of any regulation, that.appro- priate steps be taken immediately to halt said violation until the matter can be brought before the appropriate body unanimously passed COUNCILMEN Drohan Ellinwood, Bremer -request an immediate review by PUC and if justified, a cease and desist order against Harbor Carriers as the figures would clearly indicate the -I'"egularity of the service of that firm. City Council Minute. #148 -7- 22 JUly 1968 ABSENT COUNCILMEN Drohan NOES COUNCILMEN None AYES MOVED by Fanning, seconded by Rice, that the legal staff be instructed to work with the City of Belvedere to draw up the necessary letters to assist them in this repaving job, and that the Mayor be authorized to sign such etters when they meet his approval; unanimously passed: COUNCILMEN Ellinwood, Fanning, Rice, Bremer The Chair recognized Belvedere's City Manager, William Cavalli, who requ:~ Tiburon's permission for the City of Belvedere to pave that portion of San Rafael Avenue from the Belvedere city limits to Tiburon Boulevard, which lies within Tiburon's city limits. In addition to Tiburon's approval, he asked that assurance be given to the railroad that tracks which will be paved over by this improvement will not have to be removed at some future date and that Tiburon give permission for Belvedere to apply to the Division of Highways for the necessary encroachment permit. PERMISSION TO PAVE PORTION OF OF BUSINESS SAN RAFAEL AVENUE V SUSPENSION OF THE ORDER ABSENT COUNCILMEN Drohan, Ellinwood .IOES COUNCILMEN None AYES COUNCILMEN Fanning, Rice, Bremer Question on the motion was called for and unanimously passed The Chair noted that the Golden Gate Bridge District's letter offered to "present pertinent facts of the District" at a future meeting, if the Council desired. The Chair stated that as some commissioners might also wish to hear the presentation, arrangements would be made by the Committee with Staff. MOVED by Fanning, seconded by Rice, that the Consent being Items 6, 10 and lIon the agenda. COUNTY SERVICE CONTRACT; - Amendment CLAIM FOR DAMAGES - Palse Arrest GOLDEN GATE BRIDGE DISTRICT - Letter Calendar be approved, of Police Services Agreement IV MOVED by Fanning, seconded by Rice, that Minutes #147 and #148 for the mee-c .ngs of July 17 and 22, 1968 be approved as submitted; unanimously passed. CONSENT CALENDAR III APPROVAL OF MINUTES Russell Melquist, Acting City Manager Richard H. Breiner, Deputy City Attorney Ray W. Foreaker, Jr., City Engineer Louis F. Brunini, Superintendent of Public Phil V. Scott, Development Administrator Sam Shapero, City Treasurer Works EX OFFICIO ABSENT: COUNCILMEN: Drohan PRESENT COUNCILMEN Bremer, Ellinwood (8:13 P.M ), Fanning, Rice II The regular meeting of the City Council, City of Tiburon, State of Califor- nia, was called to order by Mayor ~Tilliam R. Bremer at 8:08 P.M. on August 12, 1968 in the City Hall Council Chambers. ROLL CALL I CALL TO ORDER Minutes #149 CITY OF TIBURON CITY COUNCIL 12 August 1968 City Council Minutes #149 -2- 12 August 1968 VI ORDINANCES AMENDMENTS TO ZONING ORDINANCE Opening of Public Hearing BY bill ~O of July 12, 1968 the Development Administrator put before the Council an ordinance incorporating amendments to the Zoning Ordinance which the Plannin~ Commission recommended for adoption through their Resolution Nos. 2 and 33. The Chair declared the public hearing open. MOVED by Fanning, seconded by Rice, that the matter be referred to the Lands and Development Committee for further study. Fanning noted serious questions had been raised as to the proposed reduc- tion in front yard setback for the RO-2 zone. Rice stated there were a nUlllber of wording changes which should be made and he fel t referral to Committee would permit the necessary refinements to be made. Ellinwood stated that the permission given to a physician or dentist to work out of his home should also include pernlission to employ an assistant in such work. Mr. Gordon Strawbridge was recognized and questioned whether it was really desirable to permit such occupational pursuits in residential areas. Ellinwood stated that with reference to the objections of Hill Haven resi. dents over the proposed front yard setback reductionJ a solution might be establishment of a special zone--as an RO-2 SZ--to apply in areas where special development patterns had been established, as in Hill Haven anu Reedland Woods. r~lrs . Leo Bodian Nas recognized and urged that zoning be flexible enousl1 to fit the varying terrain. Rice recalled the Planning Consultant had suggested that setback as a function of slope be considered. Mr. George Sayre, President of the Hill Haven Property Owners Association, was recognized and expressed the Association's strong objections to reduc- ing the 30' setback inasmuch as 80% of their area had already been developed to the 30' standard. The Association's letter of August 9, 1968 setting forth such objection was acknowledged by the Chair. Question on the motion was called for and unanimously passed: AYES: COUNCILMEN: Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Drohan The Chair directed that the hearing be continued until such time as the Committee was ready to report. Fanning then reque"sted the City Attorney to review the proposed amendments for the Committee. AMENDMENTS TO PERSONNEL ORDINANCE Introduction and First Reading BY bill PI05 of July 31, 1968 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING TITLE I, CHAPTER 3, SECTION 3-3(b) OF THE TIBURON CITY CODE BY MODIFYING THE REQUIREMENTS OF THE MASTER SALARY PLAN OF THE TIBURON PERSONNEL SYSTEM came on for introduction and first reading. The 'City Manager recommended adoption in order that two schedules which are part of the Master Salary Plan and were erroneously omitted from codification might be included in the Code. MOVED by Fanning, seconded by Rice, that the ordinance be read by title only. Ellinwood noted the word Hreimbursements" in Section 1 (9) should read "reimbursables ". Question was called for and motion unanimously passed: A YES: COUNCILMEN Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN None ABSENT COUNCILMEN Drohan The Chair directed Staff to use their discretion in determining to whom copies of the resolution would be addressed, but generally identified them to be interested agencies of the federal, state, county (including San Francisco) and municipal governments, as well as interested districts MOVED by Fanning, seconded by Rice, that Resolution No. 217 be adopted, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON MEMORIALIZING THE CHARACTER AND PURPOSE OF ANGEL ISLAND STATE PARK AND OPPOSING USES CON- TRARY-THERETO; and that the second from last paragraph (beginning rr'n1at this gity Council does oppose...") of Draft "B" be incorporation in this resolution" formed from Draft uA u. A As requested at the last meeting, Ellinwood presented a summary of expressions on the subject made by other political entities of the County She read into the record contents of a letter addressed on July 26, 1968 by the State's Resources Agency Administrator to Sypervisor Peter Behr stating that while the Army was given permission to explore the Island for the possibility of using it as a missile site, any exploration re- quiring drilling or grading or change in landscape would have to be accomplished by eminent domain; and it was the Department's position that other sites should be used. Ellinwood presented her version of a resolu- tion opposing the placing of a missile site on Angel Island. By bill #106 of August 5, 1968 two proposed forms of resolution were pre- sented by the City Manager, who was requested on July 22, 1968 to draft a resolution supporting the continued use of Angel Island as a state park and opposing its use as a possible missile site. USE OF ANGEL ISLAND FOR BALLISTIC MISSILE SITE Resolution No. 217 OPPOSITION ABSENT COUNCILMEN Drohan NOES COUNCILMEN None AYES MOVED by Fanning, seconded by Rice, that Resolution No. 216 be adopted, A RESOLUTION RESCINDING RESOLUTION NO. 196 OF THE CITY COUNCIL OF THE CITY OF TIBURON AND AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF TIBURON AND THE COUNTY OF MARIN IN CONNECTION WITH THE HANDLING OF BOND COLLECTIONS, EL MARINERO ASSESSMENT DISTRICT NO. 1967-1, CITY OF TGIBURON, MARIN COUNTY, CALIFORNIA; motion unanimously passed: COUNCILMEN: Ellinwood, Fanning, Rice, Bremer The Assistant to the City Manager responded affirmatively to the Chair's question that the City was assured by counsel there would be no exposure to the City in taking this action. Further, it was noted that paragraph (2) of the agreement should be corrected, substituting $30.00 for the $20.00 figure, and correcting typographical error in the concluding para- graph. By bill #110 of August 6, 1968 Special Bond Consultant Edwin N. Ness re- commended adoption of a resolution to rescind a previous resolution authorizing execution of an agreement with the County of Marin inasmuch as the bond service fee asked by the County was larger than that stated in the original agreement. The new resolution would authorize execution of a contract with the County with a $30.00 per bond service charge for the El Marinero Assessment District rather than $20.00 as in the previous agreement. EL MARINERO ASSESSMENT DISTRICT 1967-1 Resolution No. 216 VII RESOLUTIONS ABSENT COUNCILMEN Drohan NOES COUNCILMEN None AYES MOVED by Fanning, have passed first COUNCILMEN seconded read ing; Ellinwood, by Rice, that the ordinance be considered to unanimously passed: Fanning, Rice, Bremer Title of the ordinance was City Council Minutes #149 read by Fanning -3- 12 August 1968 Rice noted that some this former-Hilarita developing a cover would be land. Further, permanent joint-use site possible from an existing building there was a good possibility of behind the present Reed School MOVED by Rice, seconded by Fanning Rice in the agenda bill be adopted , on that the recommendation as stated by Ellinwood's addendum to the report was presented by Rice in which she stated she could neither concur nor disagree--not having taken part in the discussions--but felt it was important to get the City's equipment under cover and felt the advantages and disadvantages of alternate sites should be weighed first, such as the railroad yard and Tiburon Sanitary District No.5 land. Rice stated his reasons for feeling these latter sites were not suitable for the City's temporary corporation yard. EY bill #31 of August 7, 1968, Rice recommended that the City Manager be authorized to proceed at once to conclude negotiations with the Reed Union School District and Marin County Housing Authority for immediate utilization of a temporary public works service center on Hilarita lands now owned by the School District; further, that the site be prepared for occupancy as soon as general concurrence on terms is agreed to by the City, School District and Housing Authority TEMPORARY PUBLIC The Chair acknowledged with appreciation the past and present contribu- tions of Mr. Strawbridge. 1^JORKS SERVICE CENTER ay bill #102 of July 26, 1968 it was noted that for the past four years former Mayor Gordon Strawbridge had made an annual $100 contribution to a fund which had been used for the acquisition of Strawberry tidelands. vTith the completion of this purchase, Mr. Strawbridge had suggested that his latest contribution be used to create a Land Acquisition Fund for the City. Such a fund was, therefore, created to receive this amount as well as whatever budget appropriation was made in 1968-69 for this purpose CONTRIBUTION, LAND ACQUISITION FUND VIII MINUTE ORDERS ABSENT COUNCILMEN Drohan NOES COUNCILMEN None AYES COUNCILMEN Ellinwood, Fanning, Rice, Bremer Question on Mr. Gordon Strawbridge was recognized and spoke in favor of resolution as a necessary reflection of the City's feeling. the motion was called for and unanimously passed Rice indicated the military was used to, and prepared for, normally encountered in establishing bases; but they could vail if this was the site selected. adopting the the opposition and would pre- Fanning also responded to the content of Mr. Farlatti's remarks and stated there was nothing in the motion to infer that residents of such a base would not be treated as would any other guests in the community The Chair responded to Mr. Farlatti's comments, and objected to the statement that passage of the resolution would be "unpatriotic". He stated he was convinced there were other sites available which would not destroy the priceless heritage of Angel Island and therefore advocated a motion in opposition to establishment of any base which would detract from the Island's potential as a public park A recess Mr. Ben Farlatti was recognized, speaking as President of the Tiburon Peninsula Chamber of Commerce as well as a Director of the Executive Committee of the Marin Chamber of Commerce and Visitors Bureau and as a citizen. He urged that the resolution not be adopted; that while he did not believe Angel Island was the proper place nor the Army's #1 choice for the site, if it developed this was the best location, he hoped the City would be prepared to receive this base and its residents was taken The meeting reconvened at 9 14 P .M City Council Minutes /1149 --4- 12 August 1968 City Council Minutes #149 -5- 12 August 1968 when the District has been able to develop a master plan for use of the land. Mr. William Howell was recognized and inquired about results of an inves- tigation of land below the Sanitary District plant. The Chair replied that to achieve sufficient land, a cut must be made into the bank which soils engineers felt would make use of the property precarious. Rice added the temporary site would be rent-free, and the major cost would be fencing two sides of the area to be used. Mr. John Peters, Little Reed Heights, was recognized and urged the acceptance of this offer. Motion was called for and unanimously passed: AYES: COUNCILMEN: Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Drohan The Chair asked Rice to continue, and conclude, the above negotiations and with Staff to keep Council informed. He also directed Staff to keep the City of Belvedere informed and to thank them for their patience and cooperation during the past joint-use by the City of their yard. REVISIONS TO STORM DRAINAGE PROJECT - Reed Ranch Road ay bill #IOg of August 6, 1968 the City Engineer reported that on August 5, 1968 bids were opened on the project to remove storm drainage water from the vicinity of the slide on the Noel property, and to reroute waters southerly along Reed Ranch Road. The three bids ranged from a low of $8,800 by V. Maggiora & Son, Inc. to $11,200 by A. J. Bresnan Co. Although his estimate had been $4,840, the City Engineer stated a re- presentative sampling of contractors had reviewed the work and he felt the bids were the lowest the City could expect to receive as the contractors had taken into account quantities of rock they might encounter below the surface. He recommended acceptance of V. Maggiora & Son's bid and in- crease of Project M69-16, Function P, from $6,200 to $10,325 to cover this larger-than-anticipated cost. MOVED by Fanning, seconded by Bremer, that the City Engineer's recommen- dation be accepted. Ellinwood asked if it was necessary to do this work in the coming year. The City Engineer reviewed the history of the damage and unsuccessful repairs made at this location and stated the project would be necessary to remove the storm drainage waters, although he could not comment on its effectiveness as to the continuing slide. Rice expressed concern about the City's liability in the event of further sliding of the area. Mr. Rampton Harvey was recognized and stated it might be wise to again consider the repair of the "horizontal" line across the Noel prperty in view of the costs now known for taking waters down Reed Ranch Road. The City Engineer replied that with the slippage, he did not think this alternative was now available. Mrs. Jackie Parnell was recognized and asked whether accepting the bid would add $4,125 to the budget and where it would come from. Fanning replied there was at present $4,474 more income than expense in the budget. Ellinwood asked if delay of accepting the bid would be possible until the budget discussions showed more clearly where the additional money could be obtained. Mr. Watson Haarbauer, Reedlands, was recognized and urged that the pro- ject be commenced before winter rains began to avoid any liability that might develop. The Chair agreed the project should not be delayed. Mr. Allan Thompson, Chairman of the Reedlands Property Owners Association, Architectural Committee, was recognized and strongly urged immediate action by the Council. Fanning stated that as no one is satisfied at the present time with the level of service the City receives from the Planning Consultant, but he The Chair stated that in deference to Drohan, be voted on in his absence, as to the planning he felt no director. motion should Ellinwood read from a statement she had prepared expressing her feeling the budget required further study which should preclude final adoption at this time. She summarized details of a survey made of Marin cities which indicated a top-flight director could be hired within the $11,000- $14,000 range, which was $915 per month as contrasted to the $900 per month now tentatively budgeted for the expanded consultant services. She figured that to obtain a full-time director would cost $1,300 less total than was now proposed and felt further study of the facts should be made The Chair ruled that The Chair stated tax increase would have time director, as well as other programs, Drohan's letter in which he expressed his time planning director and indicated his increase in taxes to cover the costs Rice's motion would be tabled, to be contemplated if a full- were approved. He then read preference for hiring a full- willingness to vote for an without prejudice a Rice moved further amendment that Account 507, Function K, be reduced from $10,800 to $3,600; that Account 501, Function B, Urban Development, be augmented by $11,600. He explained this would prorate the amount needed to carry through the services of the present planning consultant to the end of the year and provide the additional monies he felt would be required for hiring a planning director for the remainder of the year MOTION AMENDED by Fanning, seconded by Bremer, that the Council goes on record that they are going to continue to study the matter of a full-time planning director on the City staff; and that such funds as are necessary, should a positive decision be reached, will come from operating reserves and contingencies Rice felt an amendment of the budget should be made as this major issue should not go by default. He stated Drohan's letter indicated there were three on the Council favoring retaining a full-time planner for the City. He stated that in the absence of Drohan, it was apparent that a vote on the matter of planning director's hire would fail, whether for or against the position. Since the position was included in the salary schedule, he suggested that Rice's thought that perhaps downtown plan work could be completed by the present consultant--with expanded amount of time and staff assistance--and in the meantime a job description for a full-time director could be prepared by proponents of this position and at the end of the calendar year it could be decided whether there were sufficient funds to hire a planning director for the remainder of the fiscal year. Fanning suggested that the matter be put aside; that the budget be passed, with the definite understanding, however, that the issue was not "dead". MOVED by Fanning, seconded by Rice, that the 1968-69 fiscal budget be adopted as submitted and that the tax rate be set at 60~, as has been maintained for the past two years The major unbudgeted items remaining for Council decision were: various proposals concerning hiring of a planning director; land acquisition; street betterment; educational incentive program; legal contingencies storm drain increase, Reed Ranch Road; and purchase of tape recorder. Fanning distributed copies of the 1968-69 budget, revised to reflect the latest changes and corrections. He noted the $4,474 surplus which it was hoped could be assigned to Land Acquisition would apparently now be expended in absorbing the additional cost of rerouting storm waters down Reed Ranch Road. 1968-69 BUDGET ABSENT COUNCILMEN Drohan NOES COUNCILMEN None AYES COUNCILMEN Ellinwood, Fanning, Rice, Bremer Question on the motion was called for and unanimously passed City Council Minutes 149 -6- 12 August 1968 Ellinwood stated that the quality as well as quantity of the present con- sultant's services were questioned and she did not wish to see the ser- vices of this consultant expanded to the $900 monthly sum proposed as she felt this was out of line. Anticipating the reluctance to take action on the matter, she suggested the Council refrain from adopting a budget at this time, but ~elt certain items should be discussed and consensus arrived at for as many of the "proposals for changeslf as could be dis- cussed; that examination in depth be made of the salary schedule and that it be reexamined; function of the City Engineer should be discussed in light of prevailing practice; question of increasing allocation to the City Attorney; accurate cost estimates obtained for a planning director's position; proposal to participate in open space should be included; street betterment program reexamined; precise job descriptions should be prepared for the new parking controller-clerk position. She concluded that the Council should jointly approach these matters at the August 26 meeting, at which time final action should be taken in order that the budget would reflect basic policy decisions upon which the tax rate could be figured. She offered to meet earlier on clearing any items. The Chair expressed no objection to continuing the discussion to August 26th. Mr. Hal Schwartz was recognized and stated his feeling that since it was evident Drohan, Rice and Ellinwood favored hiring a full-time director, the matter should be brought to a vote and the other Councilmen should not overlook the majority opinion of the Council. The Chair repeated he would not vote on the matter in Drohan's absence Mrs Mary Price was recognized and asked if the Development Administra- tor's position would be eliminated. The Chair responded it would not as the functions of the building inspector must be provided for. Mr. Watson Haarbauer, Reedlands, was recognized and agreed that a full- time director should be hired and expressed dissatisfaction with the quality of service given the City by the Planning Consultant. Mr. Rampton Harvey, Little Reed Heights, was recognized and urged the Council to include a full-time planner in the 1968-69 budget. The Chair stated that expanding the planning consultant services con- templated a contract whereby the planner provided his own overhead, including secretarial, and in his view, no work should be done until contract spelling out such details was signed. a Mrs. Esther Hobbs, executive secretary to the City Manager, and stated if the City Engineer assumed his own secretarial than having it done in the City office it would be possible secretarial work of the planner was recognized work rather to do the Mrs. Jackie Parnell was recognized and stated that as of the Council's June 10 action, she had assumed the Council on record as favoring a full-time planner since the position was provided for in the salary schedule. She added that the description read by Fanning of what would be performed by the Consultant under "expanded services" would serve as a job description for a full-time planner. She hoped that overhead services attendant to the position were not being figured twice and reiterated her feeling that a good planner could be obtained for less money than had been mentioned by some in discussions. She urged the Council to take a stand in favor of the full-time director a result was now now Ellinwood stated her figures would indicate no additional budget appro- priation would be needed above the $10,800 now allocated for planning. Rice stated he had provided Council with a 5-page statement in support hiring a full-time director, but he felt it would cost more than was currently budgeted for the consultant and had made the amendment to reflect what he felt were more realistic figures. He felt $4,400 addi- tional would be required, which would reflect, roughly, 2~ additional tax at the rate of l~ additional tax for each $1,800 required. of felt with the coming adoption of the Downtown Plan, it would be a dis- service to the community to provide insufficient planning support and ad- vocated immediately increasing the amount of time available by the Con- sultant and discussing the full-time director at a later date. He stated the City had rooms full of plans; he wanted now to see the City acquire something beneficial and also felt that first, those proposing hiring of a full-time director should determine what was to be expected of him. City Council Minutes .P14g -7- 12 August 1968 The Chair requested Staff to determine the present status attempt to annext the Strawberry Shopping Center. of Mill Valley's Annexation Mr. Ben Farlatti, representing the Tiburon Chamber, Fred Mantegani before the Council for consideration sioner Strawberry put the name of Mr. as a Planning Commis- Mrs. Helen Newman was recognized and objected to the idea of ~rospective commissioners interviewing Ellinwood again expressed interest in having applicants for commission appointments interviewed by the Council prior to appointment. Rice felt no hard and fast rule should be adopted as he could see occasions where such an interview would not be required or desirable. The Chair stated perhaps an executive session could be held to discuss the appointment, followed by an interview and reconvening in executive session. Ellinwood stated this was the procedure she suggested Interviewing of Proposed Commissioners Ellinwood noted that Mrs. Agnes Kircher, Tiburon's long-time resident who was designated Marin's Outstanding Citizen of 1966, was seriously ill and suggested that a personal letter of the Mayor be addressed to her. The Chair directed staff to prepare such a letter for his signature. Mrs Agnes Kircher IX QUESTIONS There being no objection, the subject reports were accepted by the Cha ir ANNUAL FINANCIAL REPORT - 1967-68 Fiscal POLICY REPORT - Month of July, 1968 DEPARTMENT OF PUBLIC WORKS - Month of June, 1968 Year BY bill flG7 of August 6, 1968 the annual report of the Parks and Recreation Commission was submitted for the year 1967-68. There being no objection, the Chair directed the report be accepted and expressed the Council's appreciation for the work performed by the Commission. ANNUAL REPORT Motion made by Fanning, seconded by Bremer, was duly withdrawn. Chair directed the hearing on the budget continued to August 26, Parks and Recreation Commission The 1968 He stated further he saw no reason why the budget could not be discussed on August 26th, looking toward a possible 66~ tax rate. Ellinwood asked that Drohan be so informed and suggested if a study session in the mean- time would help move things along, she was prepared to discuss matters further. Rice suggested that proposed amendments to the proposed budget be submitted in writing ahead of the meeting. Fanning expressed some disappointment with the delay. In connection with the August 26th meeting date, the Chair acknowledged receipt of a letter from the group which originally had requested further information from the ad hoc committee on the future use of Hilarita land. The group asked postponement of the hearing scheduled for August 26th at Reed School to a date in September. There being no objection, the Chair directed that the hearing on Hilarita would now be scheduled for the second meeting in September, at Ree School Fanning indicated he would like to see the line held on taxes but any increase should go to accomplish some of the things already planned. Rice stated the budget could not be adopted with the presentation of last-minute ideas and urged attention be focused on hiring a planning director and felt a sounding out of the Council on a tax increase would be wise, noting the possible 2~ increase he felt would be needed to include the full-time director. The Chair stated that if the street betterment program were added to this, the increase would total 6~. Ellinwood stated that on the basis of data before her, she did not feel the increase would be necessary in order to hire the planner. Rice stated he would favor an increase of whatever amount would be re- quired to maintain a street betterment program, hire a planning director and give a land acquisition increment. City Council Minutes Jl149 -8- 12 August 1968 City Council Minutes #149 -9- 12 August 1968 Providing Agendas to Community Organizations The Chair asked Staff to take note of the community organizations, in addition to TPAC and others, who would like to receive copies of agendas Appointments to League of California Cities' Uhdergrounding Committee The Chair announced that Mr. John S. Hoffmire, Jr. will serve as a citizen-at-largej Rice will represent the Council; Marshall will represent the Planning Commission on the League of California Cities' Uhderground- ing e.f utilities Committee. ^r~u~~ Railroad Right-of-Way Acquisition ~~ "dead"; The Chair stated the matter was not that ~ had met with TPAC directors several times, and the subject of acquisition of the railroad right-of-way was still being pursued. Bay Area Regional Conference The Chair requested that Staff provide for a five-minute discussion on the August 26th agenda of the invitation by University of California's Chancellor Heyns to attend the Bay Area Regional Conference in Berkeley in September. x. EXECUTIVE SESSION At 11:56 P.M. the Chair declared the meeting adjourned to Executive Session to discuss commission appointments and pending litigation. XI. ADJOURNMENT At 1: 05 A. M. , August 13, 1968, the Chair declared the meeting adjourned ~ Approved by the City Council on: - - , 1968 t MAYO N Minutes #150 CITY COUNCIL August 26, 1968 CITY OF TIBURON I. CALL TO ORDER rhe regular meeting of the City Council, City of Tiburon, state of Califor- nia, was called to order by Mayor William R. Bremer at 8:10 P.M. on August 26, 1968 in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Bremer, Drohan, Ellinwood, Fanning, Rice ABSENT: COUNCILMEN: None EX OFFICIO: Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Louis F. Brunini, Superintendent of Public Works Phil V. Scott, Development Administrator III. APPROVAL OF MINUTES MOVED by Fanning, seconded by Ellinwood, that Minutes #149 of the August 12, 1968 meeting be approved as submitted. The City Manager noted reference on page 9 should be to Tiburon's ad hoc under~roundin~ committee; Fanning noted his name should be inserted for the word" e" in t e fOllOWing paragraph. Nith corrections noted, motion was unanimously passed. IV. ORDINANCE AMENDMENTS TO PERSONNEL ORDINANCE Second Reading and Adoption - Ordinance No. 22 N.S. By bill #105 of August 15, 1968 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING TITLE I, CHAPTER 3, SECTICN 3-3(b) OF THE TIBURON CITY CODE BY MODIFYING THE REQUIREMENTS OF THE MASTER SALARY PLAN OF TIBURON'S PERSONNEL SYSTEM came on for second reading and adoption, having passed first reading on August 12, 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 MOVED by Fanning, seconded by Drohan, that Ordinance No. 22 N.S. be adopted; unanimously passed: A YES : COUNCII..MEN : Drohan, Ellinwood, Panning, Rice, Bremer NOES: COUNC ILMEN : None ABSENT: COUNCILMEN: None V. RESOLUTIONS 1968-69 ANNUAL BUDGET Resolution Nos. 218 and 219 MOVED by Fanning, seconded by Bremer, that the 1968-69 fiscal budget be adopted as submitted and amended August 12, 1968, and that the tax rate be set at 60~, as has been maintained for the past two years. Ellinwood then presented a 5-page memorandum proposing increases of $6,805 and decreases of $17,868.80, or a net reduction of $11,063.80. She proposed that a full-time planning director be hired a~ of December 1st, that a legal contingency of $2,000 be provided and $4,000 set aside for a contribution to the Landmarks Society for land ac~uisition. The sum of these additions would be $2,950 over the August 12th budget draft Moved by Ellinwood, seconded by Drohan, that the motion for adoption of the budget be amended and the changes proposed in this document be accepted. (Motion later duly withdrawn.) Ellinwood stated it was still her position that the position could be filled within the $11,000-$14,000 salary range over a 3-year advancement Drohan estimated that with overhead, a figure of $20,000 was more realistic based on a monthly salary of approximately $900. Fanning suggested that the services of the Planning Consultant be expanded to allow him to complete the Downtown Plan and that hiring of a staff planner be deferred until this was accomplished at the end of the calendar year. It was understood this Planning Director. position would be that of a fully-employed, MOVED by Drohan, seconded by Ellinwood, that the City 1968-69 budget the position of a Planning Director. staff AYES NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None include in their Ellinwood, Fanning, Rice, Bremer Question on the motion was called for and unanimously passed Rice commented that his negotiations with the Reed indicated there would be no need to set aside this use of the temporary yard at Reed School. Union School District rental allocation for MOVED by Rice, seconded by Ellinwood, that the budget be amended by increasing by $165 I/laintenance Man Position No. 24, A/C 501, Function C, page 2 of the budget; that the necessary corrections be made as to Position No. 40, A/C 501, Function D, Police Captain, to correct the error appearing here and elsewhere in the budget in connection with this position; that A/C 521, Function E, be decreased by $125 to the sum of $75 for purchase of medallions; that A/C 501, Function H, General Ser- vices, page 5 of budget, be amended to take into account the hiring of a new employee in Position 3, Public Service Clerk; that A/C 514, Function H, page 6 of the budget, be amended by deleting the sum of $1,500 for rental of a public works service center A YES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None Ellinwood, Question on the motion was called for and unanimously passed Fanning, Rice, Bremer Fanning noted several other accounts would have to be adjusted to take care of the two months' lapse in adopting a budget. Ellinwood spoke in favor of changing the designation to "gardener" at a different range MOVED by Rice, seconded by Drohan, that the two months' allocation for the new position of Maintenance Man, No. 26, be deleted, adjusting A/C 501, Function C, to reflect 4 months at $495 and 6 months at $521. AYES NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None Ellinwood, Fanning, Rice, Bremer Question was called for and motion was The City Manager commented this would not then provide for attendance of the Assistant to the City Manager. Fanning stated he believed it was policy both these persons should not be absent from the City at the same time. unanimoUSly p~ssed MOVED by Rice, sable Expenses $375 to $275. seconded by Ellinwood, that A/C 503, Function A, Reimbur- for League of California Cities Conference, be reduced from The Chair suggested that revisions to the budget be made with reference to the individual item and the affected account. Ellinwood and Drohan there- upon withdrew the previously-submitted motion and second Fanning stated it had not been the Committee's intent to include purchase of an additional 1/2-ton pickup truck. Conforming to the sense of the Council, the Chair directed that Item C-IO, Capital Improvement, be deleted in the sum of $567 representing one year's lease cost. On behalf of the Administrationmd Finance Committee, Fanning responded to the questions put in the memorandum concerning certain accounts. The City Manager also replied to some questions. City Council :/1150 -2- August 26, 1968 MOVED by Rice, A discussion on funding the position followed. A figure of $12,500 for the remainder of the year was suggested. The Chair pointed out that budget modifications to this point had brought about a $3,500 reduction which, with the $11,000 already budgeted for planning services, would come roughly to $14,000. The City Manager suggested $15,000 as a budget figure. seconded by Drohan, that A/C 507, Function K, be reduced A recess AYES: NOES: ABSENT was taken COUNCILMEN COUNCILMEN COUNCILMEN The meeting reconvened at 10:12 P Drohan, Breme r, None Ellinwood, Fanning .M Rice Question on The Chair indicated his agreement with Fanning's position and stated he would rather expend the funds for land acquisition and park development the motion was called for and motion passed Ellinwood fully supported the hiring of a planning director and felt the use of present office footage, facilities and personnel would bring the overhead figure advanced by the City Manager well below the $10,000 sum Rice stated that although he could foresee a tax rate increase, he felt the City could no longer indulge in the luxury of not having their own planner. Drohan reiterated his support for hiring a planning director, viously expressed by letter to the Council. as Fanning stated if he motion was defeated he would reintroduce the motion made at the last meeting to expand the Consultant's contract immediately to the level required to finish current assignments. He stressed the need to acquire land and felt in this connection that the City would be in a better position next year to provide this planner with something to work with. pre- Mr. end Charles Denton was recognized and stated he felt the City would still up hiring planning consultants, even with a staff planner. Mr. Elmo DeMartini, Planning Commissioner, was recognized and felt that the rules and regulations under which such a director would work must first be established and the matter be deferred until next year. Mr. Peter Macgowan, Planning Commissioner for over four years, was recognized and strongly urged the Council to provide this staff planning director for themselves as well as the commissions. Mr. ing Don Loomis, Parks and Recreation Commissioner, hiring a full-time planner. was Mr. William Howell was recognized and suggested that a maximum figure for the contract planner could be established for budget purposes and the staff planner's salary fit into that sum when appropriate. recognized support- Mrs. Jackie Parnell was recognized and summarized the content of two letters addressed to the Council and Mayor on the subject: one dated August 20, 1968 setting forth her reasons supporting the hiring of a planning director, letter of August 22, 1968 in rebuttal to a published statement that she was "being considered" for this position, which she stated was erroneous as she had no intention of seeking the position and felt she should not be considered. She disagreed with some previous comments as to the amount of money required to obtain this planner and added it would be some months before a suitable candidate was found and in the meantime the present Consultant could work toward completing the Downtown Plan. The Chair directed that Mrs. Parnell's letters be filed for the record Mr. Ben Farlatti was recognized and stated he felt the City should put off hiring its own staff planner until the Consultant had completed his work. Mr. John Luc, newspaperman, was recognized and asked if the Council had not already made this decision in June or July. The Chair explained that while the position had been established, it had not been funded and there was no decision whether planning would be contracted or through staff. City Council #150 -3- August 26, 1968 A YES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None Ellinwood, MOVED by Fanning, seconded by Rice, that it is understood the budget will be modified to reflect the two months' delay as it will now be effective September 1st rather than July 1st; motion unanimously passed Fanning, Rice, Bremer AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Ellinwood Drohan, Fanning, None Rice, Bremer Question on the motion was called for and Fanning interpreted the motion to be that a "no" vote would call for filling the position as soon as possible, as budgeted, and an "aye" vote to defer employment until January 1st at the suggested scale. motion was defeated The City Manager stated revisions of range would require altering Resolution No 210. and step for the position Moved by Ellinwood, seconded by DrohanJ that this person be hired for a 6-month period beginning January I, 1969 at $447 per month (step A, Range 3) for a total of $2,682 for the remainder of the fiscal year, which, with retirement, would be a net reduction of $3,100 from the present budget for the position. Ellinwood stated the concept of a police clerk-parking controller had not been thoroughly explored and questioned the functions and salary attached to the position as she felt the position should allow relief from clerical overloads in the City offices as well. Motion by Ellinwood to reduce Alc 522, Function C, Vehicle Operation, from $1,500 to $1,200 due to the elimination of purchase of another truck died for lack of a second. The City Manager stated the account did not necessarily reflect the added cost of new equipment but reflected costs of maintaining aging equipment. A YES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, Fanning, Ellinwood None Rice, Bremer Question on the motion was called for and passed The Chair instructed the Clerk to attach to the official copy of the minutes copy of Ellinwood's memorandum to the Council dated August 25, 68 MOVED by Rice, seconded by Fanning, that the Council forego amending the budget with respect to the remaining suggestions in Ellinwood's memoran- dum, other than those already incorporated by motions adopted Ellinwood then spoke about salary increments discussed in page 1 of her memorandum and stated she was opposed to any further step increases within this fiscal year for the four positions set forth therein. Motion by Ellinwood to reduce the monthly retainer of the City from $900 to $775 per month died for lack of a second AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, Fanning, Ellinwood None Engineer Rice, Bremer Question on the motion was called for and passed Ellinwood stated she could not accept the $900 monthly figure for the expansion of the Consultant's services to the end of the calendar year and suggested this should be $500 for 3 months and then $915 per month for the planning director, plus salary benefits, or a total planning allocation of $10,215. Rice stated this would, in effect, allocate $15, services through the end of June 30th. 000 for all planning City Council #150 -4- August 26, 1968 to $4,200 and A/C 501, Function B, be increased by $10,800, as well as augmenting such other accounts as may be affected to reflect the 6-months utilization of a planning director. Minutes #150 -5- August 26, 1968 Ellinwood stated there were persons in the audience who wished to speak to the matter of priorities of street betterment projects. Rice acknow- ledged that Project M-69-l6, rerouting of Reed Ranch Road storm dra~n, would now cost $10,325, although budgeted for $6,200; and Project M-69-7, Stewart Drive storm drain replacement, was budgeted for $2,050 and both were projects that must be undertaken promptly. Ellinwood questioned why Mercury Drive at Trestle Glen drainage was not a priority item. Moved by Rice that the "M" projects be augmented by $6,000 to apply to the priorities of projects which can't be funded by Gas Tax funds. (Motion died for lack of a second.) Ellinwood stated this was $500 short of the amount the Committee had agreed might be necessary to make the repairs at Mercury and Trestle Glen to prevent flooding with the winter rains. Fanning stated he felt the additional manpower and equipment of the public works department could handle the project. Mr. Mike Gunning, Belveron Gardens, was recognized and urged prompt action to prevent the flooding which has occurred in past years. Moved by Ellinwood that Alc 504, Function P, be increased by the sum of $7,000 and Alc C-12, purchase of brush chipper, be deleted. (Motion died for lack of a second.) Mr. Don Loomis was recognized and urged that cleaning of the Trestle Glen drainage ditch be undertaken promptly. MOVED by Rice, seconded by Ellinwood, that Alc 504, streets and Ways, Function P, be increased by $6,500; not specifically designating this augmentation for M-69-6, Mercury-Trestle Glen repairs, but leaving the allocation of the sum to the Public Services Committee; unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Chair advised the effect of modifications now recorded indicated to him a 4~ tax rate increase to meet the budget. Fanning raised the question of providing for legal contingencies. The City Manager stated $772.53 had already been expended this fiscal year for legal fees, above the $500 monthly retainer, and he felt $4,000 would be a safe allocation. The Chair suggested $1,500; Fanning felt the figure should be-at least $2,000; Ellinwood suggested increasing the monthly retainer--which the City Attorney declined. MOVED by Fanning, seconded by Ellinwood, that a fund entitled "Legal Contingencies" Function K, Alc 505, be established and funded at $2,000; unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Moved by Fanning, seconded by Bremer, that $9JOOO be allocated to a Land Acquisition Fund, in addition to the $10,000 carried over from the previous year. Mr. Fred Mantegani was recognized and spoke in favor of this allocation, especially in view of the Council's vote on the hiring of a planner. Drohan took exception to the linking of hiring a planner with the need for land acquisitions. Ellinwood asked if a $4,000-$4,500 contribution to the Landmarks Society would be included in this sum. Fanning stated he would not want to earmark the account although this would be a worth- while contribution. Drohan stated he did not feel the tax rate should be increased by 10% for even so valuable an asset as land acquisition. Mr. Don Loomis, Parks and Recreation Commissioner, was recognized and spoke in favor of the allocation. Mrs. Jackie Parnell was recognized and suggested that further budget reduction could be obtained within the amount paid for engineering services. City Council ~150 -6- August 26, 1968 The Chair stated the Administration and Finance Committee had looked into the mattpr of the engineer's fees and felt they were justified at this point. urther, with the hiring of a planning director, the Com- mittee would meet with staff and go over a number of functions with them The City Manager recited compensation paid by Mill Valley to their City Engineer totaled some $78,496, and except for the $6,000 project cost just voted, the City1s estimated budget provides $18,990 for the City Engineer, of which $7,240 would come from Tiburon's gas tax funds. Mr. Fred Mantegani was recognized and suggested if the City were willing to raise the tax rate 4tJ they should raise it 2~ more and complete paving of Tiburon Boulevard from the real estate office to bus station. Mr. Henry Zimmerillun was recognized and stated he did not feel the city could afford a lO~ tax rate increase} especially with recent reassessment Question on the motion was called for and motion was defeated: AYES: COUNCILMEN: Fanning} Breme r NOES: COUNCILfvIEN: Drohan, Ellinwood, Rice ABSENT: COUNCILMEN: None MOVED by Ellinwood, seconded by Fanning, that $4,500 be allocated to the Land Acquisition Fund, and that Capital Improvement Project be established motion passed: A YES: COUNCILMEN: Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: Drohan ABSENT: COUNCILI.IEN: None The Chair indicated his figures showed a 7~ tax increase would now be needed MOVED by Rice, seconded by Drohan, that the original motion be amended as to providing a tax rate of 67~ rather than 60~; motion passed: AYES: COUNCILMEN: Drohan, Rice, Bremer NOES: COUNCILMEN: Ellinwood, Fanning ABSENT: COUNCILMEN: None Question was then called on the amended motion to adopt the budget at the 67t tax rate; motion passed: AYES: COUNCILMEN: Drohan, Fanning, Rice" Bremer NOES: COUNCILMEN: Ellinwood ABSENT: COUNCILMEN: None MOVED by Fanning} seconded by Drohan, that Resolution No. 218 be adopted, A RESOLUTION OF ~HE CITY COUNCIL OF THE CITY OF TIBURON FIXING THE RATE OF TAXES ON SECURED AND UNSECURED PROPERTY FOR THE FISCAL YEAR 1968-69; motion passed: AYES: COUNCILMEN: Drohan, Rice, Bremer NOES: COUNCILMEN: Ellinwood, Fanning ABSENT: COUNCILMEN: None MOVED by Fanning, seconded by Drohan, that Resolution No. 219 be adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ADOPTING A MUNICIPAL BUDGET FOR THE FISCAL YEAR 1968-69; motion passed: AYES: COUNCILMEN: Drohan} Fanning, Rice, Bremer NOES: COUNCILMEN: Ellinwood ABSENT: COUNCILMEN: None Ellinwood stated for the record that the figures quoted by the City Manager for compensation of Mill Valley's city engineer included some $65,000 for a major sewer construction job as well as ~,lOO for another one-time project, leaving a basic fee for services of ,963. Rice stated he could not interpret the figures in the same way as given by Ellinwood. TRANSFER OF TERRITORY-San Rafael Avenue to Tiburon Boulevard From the City of Tiburon to City of Belvedere BY bill #26 a proposed resolution consenting to the transfer of seven parcels of land along San Rafael Avenue from Tiburon to the City of City Council #150 -7- August 26, 1968 Belvedere came before the Council. Also conveyed was copy of Belvedere City Manager's letter of August 7, 1968 enclosing copy of the resolution adopted by their council consenting to the annexation. Fanning stated he had expected a representative of Belvedere to be pre- sent to speak to the matter inasmuch as another territorial transfer was involved and that while Tiburon was on record as agreeing to this exchange, Belvedere has not taken an official position regarding transfer of the Zelinsky property to Tiburon's boundaries. The Chair expressed the sense of the Council that the matter should not be taken until Belvedere can be represented. He directed the matter continued, in the absence of such representative. Fanning suggested that the Chair contact Belvedere's Mayor. TRANSFER OF TERRITORY - Zelinsky Property at Mar West From the City of Belvedere to the City of Tiburon Resolution No. 220 By bill #113 of August 19, 1968, resolution concerning the City's intent to annex Mr. Fred Zelinsky's parcel at the corner of Mar West and Tiburon Boulevard came before the Council. At a Local Agency Formation Commission meeting on August 1, 1968, approval had been given to the transfer, conditioned upon the land also being annexed to the Tiburon Fire Protection District. MOVED by Fanning, seconded by Drohan, that Resolution No. 220 be adopted, A RESOLUTION OF THE CITY OF TIBURON CONSENTING TO ANNEXATION OF CON- TIGUOUS TERRITORY; unanimously passed: A YES: COUNCILMEN: Drohan, Ellinwood, Fan ning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None VI. MINUTE ORDER USE PERMIT FOR PARKING LOT Weinberg and Demaurex, et aI, Appellants At the request of appellants, the Chair directed the matter continued to the first meeting in October. VII. REPORTS U.C. REGIONAL CONFERENCE The City Manager reported a conference will be hosted by the university of California at Berkeley in September for the purpose of obtaining the feeling of local jurisdictions on regional government. It was the sense of the - Council that as they did not wish to establish a policy on regional govern- ment at this time that no representative would be sent to the conference. DEPARTMENT OF PUBLIC itJORKS - July There being no objection, the Chair directed the subject report be accepted TREASURER, CITY MANAGER - Register of Claims No. 49, July MOVED by Fanning, seconded by Rice, that Register of Claims No. 49 be approved; motion passed: AYES: COUNCILMEN: Drohan} Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSTAINING: COUNCILMEN: Ellinwood ABSENT: COUNCILMEN: None VIII. QUESTIONS External Correspondence By memorandum of August 26, 1968, Ellinwood requested the Council to act in directing the City Manager to routinely copy and immedia~ely forward to the Council members all correspondence addressed to them. he City Manager asked if this instruction would mean that response to such correspondence must await reaction of the Council; Ellinwood replied "no", but she wished to be certain that the Council at least sawall correspondence addressed to them. The Chair stated he believed this was current practice. The City Council #150 -8- August 26., 1968 City Manager reminded Council that the correspondence log" referred to was initiated and discontinued by a former Council., and not at his request. Setting Policy for Police Substation in Tiburon By a separate memo of August 26, 1968, Ellinwood asked that 1/2 to I-hour be allotted on the September 10th agenda to permit an open discussion on "l/Tho sets policy for the police in Tiburon "., which she said had been raised by some citizens and was becoming a point of concern. Rice stated that while the matter might bear consideration in depth by the Council., this should be done at Executive Session. It was the unanimous sense of the other Councilmen that public discussion of the issue would not be beneficial Fanning reminded Coufici~ that the Administration and Finance Committee planned a department-by-department analysis and would bring before the CouncilJ publicly or if necessary, in executive session, those matters which it felt required further attention. Theft at Corporation Yard The Superintendent of Public Works reported the theft last weekend of the two-way communication radio and tools from the City's truck, parked in the corporation yard. IX. ADJOURNMENT ~ C\ t 12: 20 A. M . , August 27, 1968 the Chair declared the meeting adjourned in Inemory of Tiburon' s most beloved citizen, Mrs. Agnes Kircher. ~ { ~ Approved by the City Council on: /13 , 1968 4 Page 2 Consider change in Pos #26 - First - because 2 months of Fiscal year are gone the figure is wrong - it projects 6 mos. @ 495 and 6 mos.. @ 521. Change to "gardener" with emphasis. on" that skill but ability to perform other P.W. maintenance jobs. "Gard~er for County ~ 549-666. Try Range 10 - 534-652 with 6 months @ 534 = 3204 plus 3 Page 2 - Consider increase POSe #24 - Maintenance 7395 + 165 or +341 (by special Council action) or merit increase to 7230 -- i.e. 72.30. Man - from 7230 to at leaqadd 1% );/2 /3 Page Page 2 course 2 Reduce retirement Pos Reduce reimbursable expense by amount of $70,00? #10 to 738 28 " 'Education Extension / ~/ 1 TOTAL REDUCTIONS PG 1 = $1 371 6 - Page 1 - Reduction POSe #10 Dev Adm. ~o present salary of 855 per mo. or $10,260 (473). Support: With Pl. Director "in house", duties will become entirely Bldg. Inspection.. Range for 3 senior Bldg. inspec- tors, Marin County = 771-937 with Step "c" being 849. "Building In- spector" = 700-849. Also, League of Calif. Cities survey supports hold- ing at this figure. Mill Valley - also Dept. of one - pays 914 for man who has been wi th them for many years. ~ 1P........ .. V ~_ .. ~.,..~ ,.-- ~ ~ Page 1 Reduce legal publications to 1800 (Ebb Tide 200 $14 ~A Page 1 - Reduce retirement for POSe #1 and POSe 1081 in accord with change in proposed salaries 00. POSe #4 = $20) #4 from 1115 to (34). (pos. #1 = I suggest removal of the following items and/or amounts from the budget Page references are to proposed budget as amended August 12 (Note: I am accepting both the City Mg~g estimates of costs and revenue in most instances -- where I don't specifically note. I also accept his func- tional allocations for the purpose of this analysis, though I feel they should be subject to close scrutiny and possible re-allocation). / . ~l - Page 1 - Reduce salary--Position #l--Asst. City Clerk to $6,732(319). 'J!. Support: Examination of job descriptions and salary ranges in County plus range change increment of 5% July 1st (534 to 561) 11 months after last adjustment -- another 5% plus not justified now. City should use tqe 1% special merit increment as provided for in personnel ordinance ~. 'stead of present methods, iF ~eC-01/Y'17"M cJ F He.t<..~T /5 t-I....t {!J eJec..rlll'~- 2 ~ Page 1 - Reduce salary Support: original hire Moved 3 ranges (7.5%) July ~onths is unjustified V 3 - Page 1 Cities leaves 240 e/ 4 - Reduction C. Mgr. Reimbursable expense - from 375 to 275. (100) Allow 35 for flight or~~ per day for 4 days (Oct. 13-16 incl. approx. Lea~u~ of Calif. and pa~king charge~ ~ POSe #4 - Asst.. to City Mgr. to 8220(245). - June '67 at 605 - increment to 636 Dec.'67 68 - Moving out of this by another 5% in 5 Conclusion We need not raise the tax rate beyond its present 60~ and, within that we can have our own Pl. Director, we can aid the purchase of open space for the LandmarkSSociety, we c~n do some of the most pressing road "betterment" projects. _.._-~._._.._._.-..- 'Al .( k """,,,,~~ August 25 1968 II _,~~ ~ :_ uJ'~ \'0 ~ My fellow Councilmen W~\~ I regret that, because of most difficult personal circumstances imposed upon me I am only today able to set down in writing my thoughts on ad- justment of the '68-'69 Municipal Budget. In actuality, I should not have taken the time to attend the August 12 meeting nor should I be at- tending the August 26 meeting. I am supplying only basic support infor- mation for my conclusions. However, I shall have complete support with me at Council meeting tomorrow night to respond to your inquiries 2 months @ 561 = 1683 Total = 4887, a reduction of 1209. - Changes Page 2 = Reductions - 1307 Increases = either 72 - 165 - 341. Use 165 Net reduction = 1142 1 - Page 3 - Reduce vehicle operation to 1200 (300). Support: Recom- mend not buying more than 1 additional truck as per Pg. 10. 2 - Page 3 - Increase retirement POSe #24 by 13.20. 3 - Page 3 - Reduce retirement - POSe #26, ($83) - 7% of 4887 = 342. 4 - Page 3 - Increase POSe #40 - Polic Capt. to adjust for error in com- putation from 13,296 as per budget to 13,608 = +312. There will , also be some upward adjustment in County fringe benefits not included iN this budget except in toto. (Note: 1968 League survey shows Larkspur Pol. Chief = 998, Burlingame = 1196 after 10 years, Corte Madera = 927, San Rafael = 1135, Mill Valley = 1123, Sausalito = 1075 -- Tiburon is $1134.) 5 - Page 3 - Reduce POSe #42 - Police Parking Controller. Figured at 12 months @ 471 which is Step "c" of Range 1 instead of 6 mos. at Step A (425) and 6 mos. @ Step B - 447. 2 months of fiscal year gone. Suggest hire as of Jan. 1st after determination of City's changed clerical needs with coming of Pl. Director and changed relationship with City Engr. Conversation with Officer Donovan in absence of Capt. Johansen indicates average of 5 reports per day -- 6-8 = maximum. Letters presently done by Ci~ staff -- officers spend 2-1/2 hours of each 8-hour shift off road.A~ uestion of this employee being on 35 or 40 hr. work week. Also, Police Services contract expires on June 30, 1969. This employee would be on ~ity not County staff. Are we prepared to shift to own dept.? If not, s ouldn't employee serve in multiple role? Six months @ 447 ( Step "A" Range 3 - not Step "c" Range 1) = 2682 (2970). No provision in budget for retirement, so can't reflect it here -- Probably 7% of 2970 or + 208. Changes Page 3 = Reductions = 3353.00 Increases = 533.20 Net Reduction = 2819.80 1 - Page 4 - Possible elimination - clerk uniform -- 100 (Provide cap and star only)if necessarYyfirst year). Total Possible Reduction -- 100. (~ ~ 5 - Reduce materials & supplies (medallions-Placques & keys) fr 200 to 50. Add 150 to Parks & Rec. for expenses to League Confe nce.. ~ossible reduction Public Services Clerk because 1) not full year for new employee and 2) this figure reflects 1 mo. at Step "B" (483) and 11 at Step C (508) . Range 4 - Step 1 = 459 x 6 mos. = 2754 and 6 mos @ 483 = 289'8. Total compensation = 5652 for reduction of (419 ) also reduction of SERS about ( 30 . 00) . "--ChangeS Page 5 - Reductions $449. 1 - Page 6 - Reduce Rent - P.w.. Service Center 1500. I() \ Total reduction, Page 6 = 1500 \~lo -6' 'w " ''1" 0 \ /I Adjustments For gas tax - maintenance projects -- It seems to need MORE than chip seal; tion than Burrell Ct.~3-69, and #4-69 should be out. this program therefore = 6805 increase I question Antonette Drive 1-69. Warren's Way seems in worse condi- "Diviso-Chip Seal" -- 570.00 fund sources not i{.v...s I Also increase Reed Ranch Rd. project 4125 because of higher bid ~ add~ ~ +o+ALtf,7375 j.cf{ ~ street work -- "betterment" series.. (Assuming no gas tax funding possible__ ~is is therefore a general fund Maximum). ~ Personal examination on sites indicates to me that M69-6 Revise drainage Trestle Glen & Mercury" 6500; and M-69-9 "Replace curb & gutter 30 Mercury" -- 1200; M69-2 "Replace curb & gutter 680 Hilary Drive", 400; possibly M69-3 "Revise Drainage, lower N. Terrace", 1500, all need attention. Of those selected by the City Engr. - Projects M69-7 -- storm drain, Stewart Dr. & Virginia:' M69-14 -- 205~lb5ainage, 1660 Mar Westll1330 and M69-15 -':'Culvert, Corinthian Yacht Cl{m' 3000 to my layman's eye seem to be less important. It would appear the City Engr. chose most projects which are on the Select St. system and therefore eligible for gas tax funding. Shouldn!t we try for need, if possible, rather than spend gas tax monies for lower priority items? I noted real needs on Hawthorne Dr., Las Lomas Lane, Eastview & Tamalpais on Corinthian Island, Mar West -~Tib. School to Sewer Plant, all of Centro West (last overlayed July 1962}l ~11 seem in worse shape than the lis ted proj ects . -^- Additions total $9600 Possible deletions 6350 Net Addition $3250 How much eligible for g tax? Pages Changes, item for 7- 8-9 Streets Page 7 (exclusive of s~ts and ways, all 3 pages) = Reductions = 10,100 ~r Increases = Net Decrease = and Ways 8 ,900 (or treated next as one 9 74 f) ) cI e~ d l,.~ dY\. fAtt 1 e-~ 1200 0 Ift(nv~ 8540 ) Total payments - all sources - Tib. City Engr. in 1967-68: Alternative to retainer reduction = 9300 retainer plus 360 9660 total. 20,378.84. mileage or 3 Page 7 - Reduce Engineer to 775 per mo. the same as Mill Valley Net reduction = 1500. M.V. has own sewer system (plant & lines), is in County flood controlzR~~~ urban thoroughfare program and water pollution control program.~t~ncludes his appearances before Bd. of Supervisors, all C. Council meetings and Pl. Corom. as necessary. Does all subdivisions of 5 lots or less - over 5 lots = 3% of the cost of the improvements; difficult driveways, bldg. dept. inspections, all permits from Pl. C., C.C., AAB; annexation maps etc. Charges mileage of 30-40 per mo. Does all work in own office including reporductions. Charges 10.00/hr. self -- 8.00 staff engr. 4.00 clerical for all projects (gas tax) over and above retainer Receives and responds (in writing~o50 letters per mo Page 7 - Retained Services Increase City Atty. to 600 per mo or 1200. Support: Survey of other comparable Mar~n Cities'jamount of work required and performed on retainer, e.g. at425 (instead of going 35) per hour, present re- tainer = 20 hr. per mo., at ,least 6 of which are at C. Council meetings With contingencies C. atty~~aid 8280 last yr. Possible reduction of legal contingency because ~ this. Reduce 2 Page 7 -/Pl. consultant to 350 July Nov. for 2200-;f-o.f,..1. ~V'- fjq-,~ 8600 1 Total Reduction = 3 and August and 500 Sept -Oct Already noted additions" 1st e//~ -( I find legal contingency only in 'late supplement. Was it forgotton in transposition? o ~ d,/ " 1. Several questions should be answered Total = 2950 more than proposed reductions -- by eliminating one s~reet project and/or a truck we can almost hit it on the button Pl. Director hired Range of 11-14,000 Car Allowance = SERS @ 7% = Desk-Storage dr~wer~, etc Extra paper - 20 reams =, Legal Contingency(where is in budget?) Contribution-Landmarks 4000 14015 or purchase this listed 6405 600 450 500 ftvrt 60 (~~ 2000 ' = effective Dec. - 3-yr.. span = 1 @ 915 x 7 Proposed additions = , F 3'0 t11/.e A1.e I) /I".-w ~ I Lt'T Y ~N'1" Net reduction Proposed budget = 11.063 80 or 10 703 .( = ~i> Page 1 2 3 4 5 6 7) 8) 9 ) 10 11 12 $ 6 o o ,a05 1,587 o o 17.868 80 6 805 Decrease $ 1,371 1,142 2,819.80 100 449 1,500 8,900 or 8.540 Recap. Page 12 - Question -- overlay Mar West from Mariner to Tib Doesn't other half need it more? Net Increase or 1 !,t- Development of P.W Mr. Rice proposed. Service Cente~ se~s 3~: . 3~p.() r ~/ School? much higher than what 1 Page 11 Tape recorder and transcriber equipment @ 350 seems high Paqe Page 10 - Eliminate brush I 1 Ton Dump Truck). Support: These things should not be our priorities only equipment to make our small P.W. dept. more efficient but not. to over-equip. We are obligated on 31,000 of P. Works equipment of which over 20,000 re- mains to be paid including 2089 in interest. The City Mgr. doesn't list the cash price of all new items proposed, but it equals $19,665 to ex- tend our P.W. equipmen~ove~ ~O,OOO. I believe only 1 ton dump truck backhoe, and sickle bar~are~~equirements & I question dump truck. 10 Reduction = $1587 3 chipper @ 1020 really even question 2 Page 10 Page 10 outlay Eliminate purchase of 1/2 - Could we break out contingencies reserve, $1000 as part of it? ton pickup 567 1 Pages 7-8-9 = 6805 increase for school crossing guard sign is -4t3000';P and Note: Make certain the $50 in item 521, bottom of Pg. show capital budgeted 9. ~ known 4 tted, r\ /1 }lLk ~~; Anne Ellinwood Councilman Respectfully fL~~ submi Lastly, can we use some of our reserve -- contingency, land acquisition or Ayala Day Funds to begin to provide a safe pedestrian and bike path along Tib. Blvd. even if we eventually do acquire the RR Rt. of Way: We must address outselves to interim relief to prevent flooding of the first 3 houses on Mercury, the Connell family should not be stuck with the clean out bill every year. Reedlands, Ridge, Belveron, and Blackie pasture owners must all be involved in the solution of the problem they either contribute to or suffer from s Re #1 I have spent 5-1/2 hours in the R.R. yds. with old timers and have completely located the old redwood flume which once carried off all the waters from the top of Hill Haven on down. I know where the system originates, where it makes its'various turns and eventually empties out of a 34" culvert on Racoon Lane going under Mar West to the yjards. It is disgraceful the way this ditch has been filled.-- but---- it can be opened up to give downtown Ti~uron, The Lodge, etc. some additional relief this winter. The waters, once collected from 2 major collection points, exit in Racoon Straits. I estimate 3 men with a back hoe could effectively clear this whole line in 3-5 days. It should be done. Next, down at the site of the old trestle the drainage ditches have filled to a dangerous level only 8" to 1 foot left in some places. Two important questions not in any way treated in this Drainage and 2 a safe bike trail near Tib. Blvd. budget 1 The budget summary by Mr. Rose indicates about 338,000 needed from the general fund. If this is an accurate estimate, and even if all street betterment projects corne from general fund, then the anticipated G.F. revenue of 343,007 calculated on a 60~ tax rate is adequate even with the additional costs I have projected of $2950 9 If so, and if 318,300 is the total general fund revenue estimate then we expect to have 343,007 available. If 105,000 is ~aised from 60~ property tax, will other sources provide the remaining 238,000? Am I correct in understanding that the opening balance, general fund, had a~ainst it 53,049 in accrued expenditures, 20,000 set aside for general contigency and 10,000 earmarked for land ac- quisition thereby leaving an opening working balance of 24,707? 8 68P-18 been figured in opening fund street proj. it reflected in the budget is been adjusted to reflect the 1st supplement? the 3000 for Main St gas lights? 300 extra Med Ins Parks-Rec opening general fund balance been adjusted to reflect the which the stat~controller ordered be restored to gas tax accoun t? (S&:-l.-< - fClrU.---r-t!. /J--;L! Rd - d t'S . I ) 5 has given up Ayala Day should that 1500 be Mrs. Dorothy Culver, "Surprise!" Shop on Main street, was recognized and asked how merchants in private vehicles could use the green-marked space for loading and unloading merchandise since commercial plates were re- quired for use of yellow zones. The City ENgineer answered that 3-minute Dr. George Sugarman was recognized and proposed that no parking be per- mitted on Main street, except for commercial pickup and delivery. Fann- ing replied the Lands and Development Committee is working on solutions to Tlburon's downtown parking problems and this possibility would be discussed. Capt. William Johansen was a parking controller-clerk, adequately supervised. recognized and stated with the employment of enforcement of parking regulations could be MOVED by Drohan, seconded by Fanning, that the staff recommendation be accepted and Resolution No. 154 be rescinded by adoption of Resolution No. 222. By bill #118 of September 5, 1968 the City Engineer recommended that Resolution No. 154 establishing a no-parking area on Main Street be rescinded; that 20-minute parking at all times be permitted on Main Street and all unnecessary signs removed MAIN STREET PARKING ~escision of Resolution No 154 by adopting Resolution No 222 AYES: NOES: ABSENT: COUNCILMEN COUNCILMEN COUNCILMEN v Drohan, None Rice RESOLUTION Ellinwood, Fanning, Bremer MOVED by Fanning, seconded by Drohan, that Items 2 and 5, Consent Calendar, be adopted, including adoption of Resolution No.221, A RESOLU- TION AMENDING RESOLUTION NO. 209, EXHIBIT liB", GROUP I-FUNCTIONAL, OF THE ANNUAL SALARY PROGRAM FOR THE CITY OF TIBURON FOR THE FISCAL YEAR 1968-69 BY PROVIDING FOR AN ADVANCEMENT IN RANGE OF AN EMPLOYEE; unanimOUSly passed . ADVANCEMENT IN SALARY RANGE - Resolution No. 221 EQUIVALENCY OF LOCAL ORDINANCES - Notification to HUD ~ IV Fanning noted a typographical error in Minutes #150 for August 26, 1968 in that page 3, 9th paragraph, should read "Fanning stated if the motion..." Drohan stated the comment attributed to him on page 5, 3rd from last para- ~raph, should reflect his feeling that the tax rate, which at that point was lready up to 10~ above last year, was a substantial enough increase and the dollars would not be significant enough in terms of land acquisition to warrant increasing taxes more than 10%. MOVED by Drohan, seconded by Fan- qing, that Minutes ~150 be approved as modified; unanimously passed CONSENT CALENDAR III Bremer, , Rice Richard Breiner, Deputy City Attorney Ray W. Foreaker, City Engineer Louis F. Brunini, Superintendent of Public Phil V. Scott, Development Administrator Russell Melquist, Assistant to City Manager Samuel Shapero, City Treasurer George S. Gatter, Planning Consultant Gary Sanders, Associate, George S. Gatter APPROVAL OF MINUTES llJO rks PRESENT ABSENT: EX OFFICIO COUNCILMEN COUNCILMEN Drohan, Ellinwood Fanning II Pursuant to notice duly given on September 4, 1968, Mayor William R. called the special meeting of the Tiburon City Council to order at 8 m September II, 1968 in the City Hall Council Chambers. ROLL CALL Bremer 07 P. M I CALL TO ORDER ~inutes .#151 CITY OF TIBtmON CITY COUNCIL September 11, 1968 By bill thot by Council #115 of September 5, 1968 the Development Administrator report Resolution N~. 36, the Planning Commission now conveyed to the for adoption the Downtown Plan, being a Map and Policy statemny , '- DOWNTo~'rN PLAN The Chair directed and asked staff to action, in view of the City Attorney to prepare the order to show cau~~J write the owners, diplomatically advising them of th2 their previously-expressed cooperative attitude. AYES NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None Rice Ellinwood, MOVED by Fanning, seconded by Drohan, that the drainage at Blackie's Pasture on the Connell property be declared a public nuisance and t~a~ the matter be set for public hearing on September 23rd; unanimously pa Fanning, Bremer .. r' 'd Mr. not Ben Farlatti also consider was recognized and asked if the abatement order coulJ removal of the abandoned buildings on the property. The Deputy City Attorney pointed out the owners couldn't be liened for costs unless abatement proceedings were undertaken. Ellinwood urged tl::. '..J the matter at least be set for hearing on September 23rd to provide t~~ machinery for abatement in the event it became necessary Drohan withdrew his s2cond. Before withdrawing his motion, however, Fanning received verification from the Superintendent of Public WOrlc8 that should this work h2ve to be accomplished on a rainy day under ~~2~gency conditionsJ it could take a day or day and a half to clean drainage ditch. Fanning then withdrew his motion. t~., .I.... ~ Drohan indicated he would pref2r waiting to see what response was ~1de to the City's letter to the OVlners before undertaking abatement. The .'\ssis.- tant to the City M3n~).ger cto.tGd he had been informed by one of the c....;:'"\,-..- that the repairs would be madeJ although they had not yet received the letter. 7~nning pointed out the City does not presently have the equipoent 1S~: to accomplish the wor~ with staff and he felt provision should be m~do for the abatement} ac proposed. The past history of this problem VJ20 discussed and the City Engineer acknowledged the matter was no\v Wit:l t~.:~'. --- "-'; r ':::r\~iccs Committee but that nn on-site inspection had not yet b::::::.:.1 dc;neduled. Ellin1tJ'ood stated it appeared unfair to her that the lower pr,J perty owner should b2ar the costs for correcting drainage caused by othCi' properties and felt ~t Waf\ incunb2nt upon the City to find a permanent solution before next year. Motion by Fanning~ seconded by Drohan, that drainage of Blackie's PQs1~r be considered a pu~lic nuisance and that abatement proceedings be ini~j.~ :)( By bill Jfl17 of September 4, 1968 the City Engineer reported that befL~"':; winter rains begin, it uill be necessary to again clean the drainage channel at Blackie's Pasture on property owned by the Connells. He net::;J th3t in two subsequent years the work had been done by the City, bein0 reimbursed by tre owners; and although abatement proceedings were comm=::'~- ced in the following year, the owners voluntarily cleaned the channel. E~ recommended that abatement proceedings be initiated and September 23J ~r:-S be set as the hearing date but that a courtesy letter be sent to the owners which might produce the desired result without enforcement of t~12 abatement. ~3ATEMENT OF PUBLIC NUISANCE Drainage at Blackie's Pasture Property of 1~omas Con:1ellJ et al and Anthony Connell AYES: NOES: ABSENT COUl\'C ILMEiJ COUNCILMEN COUNCILMEN Drohan, None Rice VI MINUTE ORDER Ellinwood, Fanning, Bremer Question on parking of private vehicles is permitted in yellow zones. The Chair ~-c~ted he felt the police would recognize the need for such loading and would ~~~ good judgment in enforcing the parking regulations. Clty Council lf15l the motion was called for and unanimously passed -2..- Sep'cembex" 11, 19b0 Landscaping at Pelican Hill Apartments Mr John S Hoffmire, Jr was VIII QUESTIONS The Chair directed that the report be accepted Mr. Rampton Harvey was recognized and stated that since repaving, the double stripping between Avenida Miraflores and the Belvedere Tennis Club had not been replaced. The Chair directed Staff to see that this safety stripping was restored. Ew bill #119 of September 5, 1968 the City ing TrAc's request for a review of traffic Boulevard intersections, meetings had been Highways and they were now considering these request, the Chair urged the City Engineer to Engineer reported that follow- problems at certain Tiburon held with the Division of comments. At Drohan's spur the matter along SAFETY IMPROVEMENTS ON TIBURON BOULEVARD AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None Rice VII REPORTS Ellinwood Question on the motion was called for and unanimously passed , Fanning, Bremer Mr. Jerry Coles was recognized and stated that since only 3 of the 7 Planning Commissioners were present when the "Lagoon Plan" was presented before an audience of 50-60, he hoped some provision could be made to put the plan before the Council so they would have knowledge of it before adopting the Downtown Plan. The Chair responded by requesting Staff to allot time for such presentation Mr. Rampton W. Harvey, former Planning Commissioner and Councilman, was recognized and asked if it was required that the Council approve the expenditure of funds for feasibility studies. Fanning replied estimates of probable cost would first be received before any decision on alloca- tion was made. The Chair requested Staff to allot 1-1/2 hours MOVED by Fanning, seconded by Drohan, that public hearing on the Downtown Plan Policy statement and Map be set for October 14; that in the mean- time the respective committees assemble their own list of questions on the Plan for such public discussion. for the hearing Fanning spoke in behalf of prompt adoption of the Downtown Plan to speed up downtown development and relieve property owners by expanding the tax base. Mr. Eric.:Rettig, former Planning Commission Chairman, was recog- nized and urged adoption of the Plan, as did Mr. John S. Hoffmire, Jr., former Mayor. Mr. George S. Gatter, Planning Consultant who guided the Commission in their restudy of the original Callister and Payne Plan, was recognized and explained the major elements of the Plan as now amended. He reported the Commission at its last meeting had also instructed him to prepare a set of specifications and call for proposals from several qualified firms for an economic feasibility study on the distribution of land uses in the Plan, as well as a feasibility study of the "Lagoon Plan", recently brought before the Commission by a group of local resi- dent-architects represented by Mr. E. Bruce Ross. To Drohan's question as to whether this indicated the Commission was not sure that the Plan now submitted should be adopted, the Consultant replied the Commission had voted unanimously to adopt this Plan but were mindful of the pro- vision in the policy statement to "give full consideration to excellence of design as illustrated in...outstanding new design concepts." The _ Consultant pointed out that under PD zoning, there are no specific regu- lations for downtown development and the City needs a framework within which to secure control over development, acknowledging that as develop- ment took place adjustments would be made adopted by the Commission on September 4 following many meetings and more than the required number of publiC hearings. It was recommended that the report and Plan be accepted and the matter set for public hear- ing on October 14, 1968. City Council #151 -3- September 11, 1968 City Council #151 -4- September 11, 196b recognized and asked that the City exert its influence with the owners of the Pelican Hill Apartments~ as well as the County~ to see if some improve- ment could not be made to the exterior appearance through adequate landscap- ing since this represented the front door to Tiburon. The Chair acknowledged the request and asked Staff to follow through on the request. Tree Ordinance - Preserving Views - Drohan asked that the tree ordinance for preservation of views be brought to the Council for discussion and either adoption or abandonment. The Deputy City Attorney stated the delay was occasioned by the seeming inability to legally define the requirements needed to regulate trees in order to preserve views~ but a draft would be prepared for consideration at the next Council meeting. Eucalyptus Trees along Tiburon Boulevard - Ellinwood asked Staff to look into the matter of why eucalyptus trees placed by the Division of Highways along Tiburon Boulevard near Reed Ranch Road are dying and in need of replacement so frequently. ...... Economic Opportunity Council - In response to Ellinwood's request for a report on this Council~ Fanning stated two meetings had been held but there ~ere no fruitful results to report. Commission Appointments - The Chair notified Council he would like to have an Executive Session in the future to discuss Commission appointments. Drohan suggested a definite time be set, and the Chair expressed a desire to roM the meeting following the next regular meeting, at Del Mar School. Connell Property Beautification - Mr. John S. Hoffmire~ Jr., was recognized and suggested a fire drill might be held on the Connell property in Blackie's Pasture and with the owners' permission~ objectionable, vacated buildings could be demolished. Mr. Sam Shapero was recognized and stated the owner ~ad indicated his desire to obtain permission to burn the buildings down. ~e Chair directed Staff to obtain Mr. Connell's written consent to the holding of a fire drill and then contact the Fire District to demolish the puildings. ~ Weeds on Mar West - Mrs. Mary Price was recognized and requested removal of weeds along Mar v~st. IX. EXECUTIVE SESSION At 9:41 P.M. the Chair declared the meeting adjourned to Executive Session to discuss pending litigation with the Deputy City Attorney. ~ x. ADJOURNMENT At 10:OO P.M. the Chair declared the meeting adjourned, noting the next regular meeting will be held on September 23rd at Del Mar School ( Approved by the City Council on: - , 1968 ~ MOVED by Drohan, seconded by Ellinwood, 3, 8 and 10 on the Consent Calendar, be that the adopted; above subject Items unanimously passed: Nos INSTALLATION OF STOP SIGN Audrey ct and Acela Drive Resolution No. 223 REED SCHOOL NATURE PARK - Authorization to Execute Agreement with RUSD OCTOBER MEETING DATE - Rescheduled to October 17, 1968 v ~ bill #47 of September 17, 1968, Ellinwood reported that in accordance with recommendation of the Public Services Committee, and public hearing of May 27, 1968, the owner had been granted a l20-day period within which to reduce to eight the number of beehives maintained at 10 st. Bernard Lane. The Development Administrator's inspection this date indicat~~n.~~ed to be able to comply with the restric- tion.bu ~ ere were still 15 hives in place. Ellin- wood asked for a continuance as she believed the commitment would be met and excess hives removed. The Chair directed the matter continued to October 28, 1968. CONSENT CALENDAR ABATEMENT OF PUBLIC NUISANCE Bees at 10 st. Bernard Lane Property of Mr Ted Steiger As to the last paragraph of said letter commenting on the owners' will- ingness to have present abandoned structures on their property removed, the Chair directed Staff to obtain the owners' signatures on a document prepared by the City Attorney consenting to such destruction, and there- after to have the Fire Department raze the buildings. Slides of the area were shown, followed by reading of letter dated September 18, 1968 from Mr. Thomas Connell in which he stated the silting on their property would be cleaned out within two weeks and - they hoped the City and Division of Highways would clean their respec- tive portions in order to clear passage for waters to run into Richard- son Bay. Ellinwood stated that inasmuch as abatement proceedings had been delayed at the last meeting in the hope of receiving such commit- ment, there would be no need for such act~on. The Chair directed that the matter be continued to October 28, 1968 to allow the owners to per- form the work as promised. By bill #117 of September 13, 1968 the matter of public hearing on the abatement of nuisance on property owned by Thomas Connell et al and Gerald Connell in Blackie's Pasture now came before the Council, it being noted such nuisance consisted of silting of a drainage channel The Chair declared the public hearing open. ABATEMENT OF NUISANCE Blackie's Pasture, Drainage Property of Connells, et al "".. MOVED by Drohan, 1968 be approved IV seconded by Ellinwood, that Minutes as submitted; unanimously passed. RESOLUTIONS ~15l of September 11, PRESENT COUNCILMEN ABSENT: COUNCILMEN EX .OFFICIO: III Bremer, Drohan, Fanning, Rice Lawrence D. Rose, Richard Breiner, Ray 11T. Foreaker, Louis F. Brunini, Russell Melquist, APPROVAL OF MINUTES City Manager Deputy City Attorney Jr., City Engineer Superintendent of Public Works Assistant to the City Manager Ellinwood II The regular meeting of the City Council, City of Tiburon, State of Califor- nia, was called to order by Mayor ~Tilliam R. Bremer at 8:12 P.M., September 23, 1968, in the Multi-Purpose Room of Del Mar School in Tiburon. ROLL CALL I CALL TO ORDER Minutes #152 CITY OF TIBURON CITY COUNCIL 23 September 1968 Mr. Mr. Irving Moulin, 80 Mt. Tiburon, was recognized and read a prepared statement supporting retention of the RO-2 zone, stating land values and taxes would apparently only get higher and moderate-income housing was out of place in Tiburon. Joseph Marshall, Chairman of the Planning Commission, was recognized Ellinwood commented that the multiple zoning for Hilarita predated by 17 years the present RO-2 zone. Mrs. H. F. Zimmerman, 55 Spring Lane, was recognized and protested the change of zone to R-3--which would be required to accommodate moderate- income housing on the land--since previous Council action in denying a reduction from RO-l to RO-2 for the Taylor Tract had been based on the need to maintain the density pattern under which a total holding popula- tion for the Peninsula of 25,000 had been projected by the 1956 Master Plan. She stated the present RO-2 zone had been in existence since 1961 and surrounding homeowners had made known their interest in maintaining such zoning. She stated her files would support the claim that Hilarita lands were to revert to RO-l zoning when the present multiple-housing use was abandoned. She suggested that Hilarita residents be assisted through an expanded leased housing program. The Chair pointed out the plan was presented as a guideline of what one development might be; that it did not necessarily mean this plan would be adopted, as presented. Drohan reminded the audience the purpose of the hearing was to decide on whether low or moderate-income housing, or residential development, would be the recommended policy for future use of the land. Low and moderate income were then defined by Mr. -- Ehrlich, who also pointed out that low-income housing was federally- constructed whereas the proposed moderate-income housing would be privately built and operated by a non-profit, or limited-dividend, corporation. Mr. Clarence Bul~rd, Hilarita Housing resident, was recognized and re- quested the Council to give consideration to the housing needs of pre- sent Hilarita residents during the interim between razing preSEnt build- ings and new construction. He questioned the need of an additional park since the City will enter into a joint-us~ agreement with the adjacent School District for park use of some property. Mr. Phil Ehrlich, Chairman of the Housing Authority of Marin County, was recognized and called upon Mr. Christopher Layton, Callister and Payne, to make a presentation of" the Authority's proposal for moderate-income housing to be constructed on the Hilarita property when its present use is abandoned in 1972. BY bill #50 of September 17, 1968, final hearing on the future use of the Hilarita Housing property was now before the Council. For the benefit of the large audience, Drohan reviewed the recommendations of the ad hoc committee concerning future use of this land, as reported on March 19, 1968. Since issuing the report he noted the City had adopted, as recommended, the Leased Housing Program. FUTURE USE OF HlLARITA HOUSING SITE Public Hearing AYES: NOES: ABSENT COUNCILMEN: COUNCILMEN: COUNCILMEN Breme r , None Fanning, Drohan, Rice MOVED by Ellinwood Mayor be confirmed , . , Ellinwood seconded by Drohan unanimously passed , . that the nominations Having removed the above item from the Consent Calendar, bill fl125 of September 17, 1968 was now read in full, requesting confirmation of the Mayor's reappointment of Mrs. Polly Smith and Mr. Donald Loomis to four-year terms as Parks and Recreation Commissioners. of the PARKS AND RECREATION COMMISSION APPOINTMENTS A YES : NOES: ABSENT COUNCILMEN: COUNCILMEN: COUNCILMEN VI Breme r , None Fanning, MINUTE ORDERS Drohan, Rice City Council Minutes #152 -2- Ellinwood September 23, 1968 Rev.Llewelyn ~mite, st. Stephen's Church, spoke in favor of moderate-income housing as vent him from living in Tiburon or Belvedere Belvedere, was recognized one whose income would presently and pre- Mr. and Clarence Bullard was again recognized and extended to others an invitation to visit Hilarita. the Council Mr. Allan Littman was again recognized and stated it should be recog- nized that the Council would be voting on a resolution to enter into a contract with the Housing Authority, which he felt was totally invalid, and stated he could see no reason why the matter should not be put to a vote of the citizens. The Chair noted no resolution was before the Council at this time. Mr. Dick Merman, Hilarita resident, was recognized and on behalf of some Hilarita residents, endorsed the committee's recommendations, as modified by Mr. Lamott's suggestions. Further, he said planning should take into account the need for continuity of residence for those persons who would be able to occupy the moderate-income units. Mr. the Hans G. benefits Roenau, to the Little Reed Heights, community in having a was recognized and spoke of mixture of peoples. Mr. Kenneth Lamott, speaking on behalf of a citizens committee formed last year by some 20-25 citizens, endorsed the ad hoc committee1s report with the following exceptions: (1) they did not believe it was economically feasible to increase the number of leased housing units available in Tiburon; (2) recommended consideration be given to increas- ing to 70-80 the number of moderate-income housing units to provide more housing at lower cost; (3) recommended investigating the feasibility of rehabilitating existing Hilarita buildings. ~ Mr. Don Batten, Belveron Gardens Property Owners Association, was recog- nized and was informed, as to taxes paid by such housing, that while low-income housing was exempt, moderate-income housing developments were subject to property taxes. .-r::' . ~~. . ~I)l~~~~ ~ Mr. ,Peter Macgowan, Planning Commissioner, was recognized^andaPrged that J ~ision be made for moderate-income housing, putting the matter on the ballot if necessary. Mr. Gordon Strawbridge, urged adoption, without moderate-income housing former Mayor delay, of a in the City and Councilman, was recognized and resolution or motion to provide Mr. Rampton Harvey, former Planning Commissioner and Councilman, was recognized and reviewed the background of TPAC's interest, which had brought the matter before the Council, and subsequently, the public, for discussion. He urged adoption of the Committee's report Mr. Herbert Wenig, 65 Rolling Hills Road, was recognized and stated the public necessity for changing the zone must first be established; that the Hilarita buildings had reached the end of their economic life and he did not believe it was possible to make a finding that such zoning would be for the public convenience; if additional multiple zoning was desired, it should take place in areas already so zoned. He suggested the matter be placed before the citizens for vote. The Deputy City Attorney advised that an "advisory" vote, without specific reference to action that must be taken by the Council, would be invalid Mr. Allan Littman, Planning Commissioner, was recognized and stated that under the ordinance, changes of zone rested with the Planning Com- mission and if the Council were to act for moderate income housing based on the 50-unit plan exhibited, this would bind the Commission to adopting a policy to effect such plan. He felt the Council's action should be limited to a policy determination as to whether moderate income housing was desired--anywhere in Tiburon--without reference or restriction to anyone location. and explained that in the citywide rezoning, the Commission had felt RO-2 was preferable to multiple zoning for this area, which could not be tied to any particular plan or guarantee that such multiple housing would be for persons of low or moderate incomes. He stated he would like to see the land continued in use for such housing. City Council Minutes #152 -3- September 23, 1968 By report #122 of September 16, 1968, the Parks and Recreation Com- mission requested the Council to approve in principle a plan to widen Paradise Drive sufficiently to provide for the construction of a side- walk in the vicinity of the stone Tower. Total cost of the project was estimated by the City Engineer to be $21,500, exclusive of the PRELIMINARY EVALUATION, AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN CONSTRUCTION OF SIDEVIALK Bremer, None Fanning , Drohan, Rice Paradise Drive Ellinwood Question was called for and the motion was Motion by Ellinwood that the motion be amended, ending tion with the word "facility" and changing "combining" died for lack of a second. unanimously passed the recommenda- to including" The Chair expressed his wholehearted agreement with Drohan's statement and felt in sending the policy determination to the Planning Commission, the determination of how moderate-income housing would work on this site should be left to the Commission. Ellinwood stated that in reply to the question of whether Hilarita was the proper place for moderate-income housing, she would reply it meets all criteria for multiple development; that surrounding property values she felt would be enhanced, rather than decre~~~.py such development; she pointed out that present plans Indica~e ~nsity than that of the original 120 famill~ies at Hilarita; that persons who desire to retire in Tiburon should be able to do so, and there was no other site available that would be economically suitable. She felt the Council's resolution should be broad enough to allow housing to be provided by privately-developed enterprise involving the residents of the two cities. Noting that if rezoned to R-3, single-family residences would automatically be permitted as a "lesser" use, she suggested deletion of the words "buffered within the property by residential single-family dwellings". She stated she could recognize the need for a plan in order to visualize a use of the land, but wished to see the transmittal to the Planning Commission end with the words "including a moderate-income housing facility." MOVED by Drohan, seconded by Ellinwood, that Section (1) of the ad hoc committee report of March 19, 1968 be adopted as the policy of the City of Tiburon: ':' "That the best utilization of the property lies in multiple participation by the School District, the City through its parks program, and a carefully controlled development combining a moderate-income housing facility buffered within the property by residential, single- family dwellings; ".. further, that Sections (2) and (3) of the report .'be referred to the Planning Commission--not as policy--but as considera- tions and guidelines upon which they can base their future actions in the implementation of the pOlicy. Drohan stated he would support moderate-income housing as a means of providing within the community residences for the talents and outlooks of the young and old who might be otherwise economically excluded. He noted that requirements of the Housing Element of a city's general plan required it to "meet the needs of all segments of a community". He felt the committee's original recommendations were more extensive than needed to answer the basic policy question of the best use of the land. A recess was then taken The meeting reconvened at 10:21 P .M Mr. Ehrlich responded to comments of the audience, stating the Housing Authority did not seek the rezoning as there was no economic benefit to them whether the property was in multiple or single-family residences He agreed there would not be enough units available to appreciably add to the leased housing program as a solution for Tiburonrs Hilarita residents. As for the argument that another site should be found for moderate-income housing, he stated another location couldn't be found. He felt that two modifications might be made to the committee recommen- dations: (I) he urged that the "buffer" zone described be the subject of Planning Commission hearings as to the appropriateness and character of such a "buffer"; (2) since operation of the moderate-income housing would be by a non-profit corporation, federally supervised, local controls over rents would not be possible. He asked that a policy decision be made at this time as to the future use of the property City Council Minutes #152 -4- September 23, 1968 City Council on , At 11:31 p .M the Chair declared the meeting adjourned League of California Cities be present, the City Manager he be named Alternate to the Chair directed that they be IX As the only representatives of the City to asked that Ellinwood be named Delegate and that League of California Cities Conference. The so named, there being no objection. ADJOURNMENT Complaints of Odor, Sanitary Plant - Drohan requested the Superintendent of Public Works to relay to the Richardson Bay Sanitary District the com- plaints he has received from Little Reed Heights residents of the odor emanating from their plant. Council - Ellinwood cited several instances where e Council apparently had not been routinely copied ~~ft~~~~~ge had understood to be the sense of the ~ -'~hair agreed this had been the intent and inadvertent on the part of Staff. to VIII MOVED by Drohan, seconded by Ellinwood, that the subject reports be approven/ unanimouSly passed. Action on Register of Claims No. 50 was withheld on Ellinwood's request since she had not had time to review its content. QUESTIONS POLICE REPORT - August, 1968 DEVELOPMENT ADMINISTRATOR - August, 1968 VII REPORTS By bill /':124 of September 17, 1968 the Parks and Recreation Commission put before the Council their Resolution No. 14 and letter of September 17, 1968 containing recommended modifications to the Downtown Plan. The Chair noted that the first public hearing was scheduled for October 17, at which time this report could be agendized as part of the subject matter. Ellinwood expressed some surprise that some of the recommenda- tion~ had not already been incorporated in the Plan. The Chair directed Staff to contact Mr. 'ltTal ter Horshler of the County Planning Department and the Planning Consultant of the City, furnishing the latter with the Commission's letter and resolution in order that they might be reconciled with the Plan and reported on at the first public hearing and Recreation Commission DOHNTOWN PLAN ay bill #123 of September 17, 1968, the Parks and Recreation Commission recommended that the Council immediately commence negotiations with the developer of El Marinero Subdivision in order that a trail corridor through this development might be preserved, in accordance with an over- all trails system being developed for the Tiburon Peninsula.. There being no objection, the Chair directed Staff to start preliminary dis- cussions, as requested by the Commission, and to present to the Council and Mayor such documents as may be necessary Recommendations of Parks Proposal to Obtain Corridor through EI Marinero Subdivision TRAILS The Chair directed that the matter be placed with the Public Services Committee to work with the Parks and Recreation Commission and City Engineer~ and to report at the October 28th meeting PLAN Parks and Recreation Commissioners present and spoke in behalf of the Don Loomis and Allan Thompson were Commission's recommendation. cost of acquisition of any additional right of way felt, however, that realignment of this segment of be a detriment to traffic flow as it would be necessary radius of turn in the vicinity of the Stone Tower. The City Engineer Paradise Drive would to decrease the City Council Minutes 11152 -5- September 23, 1968 MOVED by Drohan, seconded by Fanning, that the City Council of the City of Tiburon endorses the Tamalpais Uhion High School District bond issue for the financing of a high school in Tiburon; unanimously passed Reed Area Chairman for the Tamalpais Union High School District Bond Issue, Mr. Leo Souza, was recognized and asked for the City's endorse- ment of the $10.9 million bond proposal which will be on the November 5th ballot. Mr. Souza stated the City's strong support was needed as there are now 600 more students in the District's schools than the buildings were planned for and by 1971, there would be more than 1225 students than could be housed in present facilities. Included in the new construction would be a high school located on the Tiburon Penin- sula. There being no objection, HIGH SCHOOL BOND MEASURE the next item taken was under Request for Endorsement Minute Orders " AYES: NOES: ABSENT V COUNC ILMEN COUNCILMEN COUNCILMEN SUSPENSION OF THE ORDER Drohan, None None OF BUSINESS MOVED by adopted; Ellinwood, seconded unanimously passed: Ellinwood, Fanning, Rice, Bremer by Rice, By bill #134 of October 9, 1968 the Mayor recommended adoption of a resolution commending the Parks and Recreation Commission and Reed Union School District Trustees and officials for their actions leading to the execution of an agreement for the joint usage of a nature park on a portion of the Reed School property that Resolution No 224 be COMMENDATION TO PARKS & RECREATION COMMISSION AND Resolution No. 224 REED SCHOOL DISTRICT IV MOVED by Fanning, seconded by Drohan, that Minutes #152 of September 23, 1968 be approved. The Minute Clerk stated the record should be corrected on page 3, Hilarita Housing hearing, 6th paragraph, to indicate Mr. Peter Macgowan's remarks to be: "Mr. Peter Macgowan, Planning Commissioner, was recognized and stated the issue of public housing should be faced and urgro that the matter be put on the ballot if' necessary." Ellinwood asked for the following corrections to be made: Page 1, 7th line of paragraph under Abatement Hearing-Beesj indicate period after "restriction" and insert the following" "Ellinwood believed there were still 15 hives in place..."j page 4, 5t h line of 5th paragraph, word "higher" should be substituted for "less" with reference to density; page 5, under "Communications to Council in Questions, instead of "last meeting", date of August 26 should be in- serted. With the corrections noted, the question was called for, and it was unanimously passed that the minutes be adopted as corrected. RESOLUTIONS III APPROVAL OF MINUTES Bremer, , None Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Ray W. Foreaker, Jr., City Engineer Louis F. Brunini, Superintendent of Public Phil V. Scott, Development Administrator Russell Melquist, Assistant to City Manager George S. Gatter, Planning Consultant Gary Sanders, Associate, Planning Associates ~rks PRESENT ABSENT: EX OFFICIO COUNCILMEN COUNCILMEN Drohan, Ellinwood Fanning, Rice The nia, 17, II regular meeting of the City Council, City of Tiburon was called to order by Mayor William R. Bremer at 8 1968, in the City Hall Council Chambers. ROLL CALL , . . State 10 P.M of Califor- ., October I CALL TO ORDER Minutes #153 CITY OF TIBURON CITY COUNCIL October 17, 1968 The Planning Consultant was called upon and commented on the areas questioned by Council when the plan was first before them September 11, 1968: (1) He indicated the Plan showed sufficient ponding area to take storm water runoff as proposed by the studies; (2) economic feasibility studies on potential commercial development had not been conducted as community preference would seem to indicate a desire for commercial area sufficient to serve local population needs with only a small amount of additional regional commercial use; (3), economic feasibility study figures obtained by the Railroad would indicate the present Plan shows quantities of commercial use consistent with the 1956 Sketch Plan; (4) as to the fear the Plan permits too much residential development, he felt the 100 units maximum which could be contained in the 38 acres which are subject of the Plan would not be excessive; (5) various statements of the Parks and Recreation Com- mission have by reference been incorporated in the Plan through the last paragraphs of the Development Policy, although some of their comments can appropriately be handled at the time precise development is reviewed. By bill jl135 of October 9, 1968 the Planning Consultant listed the chronology of progress made on the Downtown Plan since it was first adopted by the Planning Commission on June 21, 1966 as the "Callister and payne" plan through its presentation to the Council, subsequent review, restudy and hearings which brought it again to Council on September 11, 1968 in amended form, including a statement of policy entitled "Downtown Development Policy" and a Plan Map, illustrating the policy elements. The Chair declared the public hearing open. OO\ATNTOWN PLA N Public Hearing AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN VII Drohan, None None MINUTE ORDERS MOVED by adopted; Ellinwood, Fanning, seconded by Drohan, unanimously passed: Fanning" Rice, Bremer that the Consent Calendar be Complying with Ellinwood's request that Item 4 (School Crossing Ad- visor) be taken off the Consent Calendar, the above-subject matter, described in bill #128 of September 24, 1968, now came before the Council as the only matter on Consent. It was noted that DeLong Chev- rolet, Inc., San Rafael, was the lowest of six bidders on the purchase of a I-ton dump truck, and the Superintendent of Public Works and City Manager recommended acceptance of that bid at $4,043.98, tax inc- luded. PURCHASE OF DUMP TRUCK Acceptance of Bid AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN VI Drohan, None None CONSENT CALENDAR Ellinwood, MOVED by Fanning, seconded by Drohan, that the report of Officer Dono- van be accepted and that he, the School District and Safety Patrol be commended; unanimously passed: Fanning, Ri c e , Bremer Officer Donovan, in charge of training Reed School students for duty a crossing guards, presented an oral report of progress made in this program and supplied commentary to a movie demonstrating the use of these guards at the Tiburon Boulevard intersection fronting the Reed School. The City Manager added he felt the program was successful not only from the standpoint of increased safety but also because of the espirit de corps established among participating students. It was noted uniforms had been supplied by Mr. Fred Mantegani and the Tiburon Peninsula Chamber of Commerce, and Tiburon Playhouse and Shaw's Ice Cream Parlor have consented to "treat" the children once a month. SCHOOL CROSSING GUARDS A YES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Oral Drohan, None None Report and Film City Council Minutes #153 Ellinwood -2- , Fanning, Rice, October 17, Bremer 1968 an opportunity irreversible .(. ~~. Fanning stated he felt the ~ofAcoles, Ross and Chapman should be commended for their work in preparing the "Lagoon Plan", although he was somewhat critical of the lateness in submission of such a plan-- after the more than four years community members have worked toward developing the now-presented Downtown Plan. He stated the City was not prepared to make the feasibility studies needed to establish the validity of that plan and that in adopting the Downtown Plan, there was still provision for consideration of any exceptional plan that might later be presented. Mr. Gordon Strawbridge was be provided for the "Lagoon action were taken. recognized and urged that Plan" to be heard before 6~ Ellinwood cited a personal experience which indicated to her that once adopted, a map would have as much legal force as a policy state- ment as it presented a visual concept of policy. She expressed doubts about the desirability of adopting the Downtown Plan, and felt the proponents of the "Lagoon Plan" should be given an opportunity to make a presentation of this concept The City Manager stated he did not feel a general plan would be at issue in any suit; that while a zoning ordinance might be, a general plan was simply a guideline to development and could not be binding as to precise development. Rice indicated he felt it would be difficult to requirements, once a plan was adopted. impose some other The City Attorney stated the map is a general plan--not zoning--and it would be up to the Planning Commission to interpret whether some- thing complied with such a general plan. Mr. Bryan Chapman was again recognized and stated he could not agree the map would be considered binding but felt there was a significant body of citizens who would want to hear any alternative ideas presen- ted before adopting the policy statement and plan map. He asked for some time to demonstrate some aspects of the "Lagoon Plan" which he felt would not disagree with the statement but which did conflict with the proposed map . The City Attorney, amplifying Mr. Marshall's remarks on the need to adopt a plan promptly, stated the sooner a plan is approved for down- town, the better for the City, the Commission, and the developers. Mr. Joseph Marshall, Chairman of the Planning Commission, was recogni~ and replied that plan had come to the Commission during final hearings on the Downtown Plan and as it did not contain some elements the Com- mission felt were necessary, he strongly urged adoption of the Down- town Plan and noted this would not necessarily preclude the "Lagoon Plan" if it could be demonstrated the latter was as good as the Plan adopted. Mr. Bryan Chapman was recognized and asked if a design concept such as the "Lagoon" plan could be accommodated within the proposed Downtown Plan. The Consultant responded there were many other considerations with regard to the Lagoon plan which would go beyond the scope of a General Plan and would require amendment to that plan. He noted the difference between architectural and general plans and felt there was enough precision in the Downtown Plan to establish the guidelines needed by the Planning Commission in administering City ordinances. Drohan stated he assumed the Commission had examined the "Lagoon Plan" and asked for their comments on it. Mr. E. Bruce Ross was recognized and directed questions to the end of determining how precise the Plan was as to usages and locations. It was replied by the Consultant and City Manager that the total quantities of allowable uses were indicated and if changes were sought, it would be necessary to amend the pOlicy statement and Plan. Drohan questioned whether a consensus on the quantities of different uses had really been made and shether the City should proceed to adopt this as policy with- out an independent study being made of economic feasibility. The Consultant stressed again the desirability of adopting a Plan as soon as possible. He then responded to questions from the audience. City Council Minutes #153 -3- October 17, 1968 City Council Minutes #153 -4- October 17, 1968 Mr. Jerry Coles was recognized and asked how the "Lagoon Plan" could be presented to the Council and the four Planning Commissioners who had not been exposed to it during its presentation to the Commission Mr. Joseph Bacheller, Planning Commissioner, was recognized and urged the Council to adopt the Downtown Plan as the product of four years' work and expression of many of Tiburon's citizens. He felt a plan such as the "Lagoon Plan" being discussed should come to the City at the request of the three main downtown landowners whose properties would be most affected. Mrs. Margaret Azevedo was recognized and felt the "Lagoon Plan" had sufficient potential that no action should be taken that might pre- clude its consideration and possible adoption. The Chair suggested the possibility of adopting the policy statement only, with reference to the map as a possible means of implementation, and aSsignin~ the matter to the Planning Commission and Lands and Development ommittee to study. Drohan stated he would be in agreement with establishing standards as set forth in the development policy and asking the Planning Com- mission to take a look at the "Lagoon Plan". Mr. Ben Farlatti was recognized and on behalf of the Tiburon Peninsula Chamber of Commerce urged that the Downtown Plan be adopted. Mr. E. Warren Callister, architect, was recognized and stated he felt a stronger design concept should not be precluded by adoption of any plan. He felt both his original plan submitted for downtown and the proposed "lagoon plan" were strong concepts. MOVED by Fanning, seconded by Rice, that the public hearing be con- tinued to the next regular meeting; that in the meantime, the Lands and Development Committee shall pursue the matter and present some suggestions and resolutions to some of the questions that have arisen. Fanning added he felt time should be given on the agenda of the next meeting to hear the "Lagoon Plan". Following discussion, the Cha ir directed Staff to allot 45 minutes on the next agenda for the presen- tation plus additional time for public discussion of both plans. The question was called for and unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Because of the need for accommodating the overflow audience, the Chair directed Staff to look into the matter of obtaining the Reed or Del Mar School as the site for the next meeting. A recess was taken at 10:20 P.M. The meeting reconvened at 10:34 P.M., with the Chair noting Drohan had been excused from the meeting. SCHOOL CROSSING ADVISOR By bill H131 of October 7, 1968 the City Manager endorsed the recom- mendation of Police Captain Johansen to adjust compensation to Officer Donovan for school crossing guard duty by increasing the hourly rate from $2.80 to $3.33 and adjusting total hours of duty to 180 hours for the year. No additional budget allocation was required as this would permit total compensation within the $1,500 already budgeted. Some discussion was had on the matter. MOVED by Fanning, seconded by Rice, that the recommendations of the City Manager and Police Captain be approved, effective September I, 1968; unanimously passed: AYES: COUNCILMEN: Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Drohan PLANNING CONSULTANT - Contract for On-Going Services By bill ~133 of October 8, 1968 the City Manager presented a proposed By letter to the Council, Rice had suggested holding a joint meeting by the Council and members of the Parks and Recreation Commission and perhaps the Planning Commission in order to have an interchange of ideas on subjects of concern to all. The matter was discussed and it was the sense of the Council that the respective chairmen of the two commissions should submit a proposed agenda for such meeting, at which time it could better be determined whether it would be practical and beneficial for the Council and both commissions to meet Simultaneously. A format for conduct of the meeting'would also then be established. Fanning suggested later meetings might be arranged between the Council and various districts whose interests overlap the City's. JOINT MEETING OF CITY COUNCIL AND COMMISSIONS BY bill #3 of August 21, 1968 the appeal by Messrs. Weinberg and Demaurex of their application for use permit to establish a parking lot adjacent to Paradise Drive between Tiburon Boulevard and Mar West came on for continued hear1ng. At the request of appellants, and stipulation of the Mayor, the Chair directed the matter continued. Rice added he felt a status report should be given on the matter when it next comes on calendar. By bill J~130 of October 3, 1968 receipt of the annual audit report by Sleezer and Eckhoff for 1967-68 was aCknowledged. Fanning noted a representative of the firm was not present but would appear if invited Ellinwood suggested such a representative of the firm be asked to attend a meeting. The Chair directed Councilmen to prepare, within the next two weeks, a list of questions they would want to present and that t~e r~presentative be.in~~~~P9~d t.the first meetln ln November. ~..-~ 1"._..._ ~--""""~!-I__.4 . ._,.. ~..,--.., .,..,~~ _.~"" BLISH DOllJNTOHN PARKING LOT ANNUAL AUDIT In discussing the effective date of the contract, the City Manager stated it was his understanding this was to be July lst, when Mr. Cutter had commended providing accelerated services to the City. It was Ellinwood's recollection that the date of adoption of the budget, bei~ September 1st, was the effective date and services performed prior would have to be billed on an hourly basis over what was accomplished within the monthly retainer. The City Manager stated $900 has been paid monthly to Mr. Gatter since July 1st so the City has, in effect, been living under the terms of the contract. Ellinwood questionned Mr. Gater on the services he has performed during that time, and statro that as it had not been her understanding the contract should be retr~ active to July 1st, she would request the record to be changed to record her "no" vote on the aforetaken motion. 1967-68 AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Ellinwood, None (see Drohan Fanning, below) Rice, Bremer Question on the motion was called for and unanimously passed Rice inquired whether the services of Mr. Gatter's associates would be available to the City as particular needs arose. Mr. Gatter replied they would and he assumed the contract was in his name solely to aSSUE primary responsibility and continuity. It was the sense of the Council that rather than insert a phrase that Gatter "might assign such other staff members of Planning Associates as might be needed where special expertise is required...", the minutes of the meeting shou~ reflect the representation of the parties that this was the intent in the execution of the contract. The City Attorney suggested this might be confirmed by having Mr. Gatter initial a letter from the City Manager setting out this understanding as a part of the contractual relationship Mr. Gatter noted that any economic feasibility study the Commission might propose be made of the Downtown Plan would be beyond the scope of the subject contract. Cj MOVED by Fanning that the Mayor be authorized to execute the agreement ty Council contract for the retention of services of George S. Gatter, acting as Planning Consultant until the City has hired its own full-time planner, expected to be accomplished by February, 1969. Execution of the contract would make Mr. Gatter's services available to the City on an expanded basis during that time for a sum of $900 monthly. Minutes f,r: 153 -5- October 17, 1966 City Council Minutes #153 -6- October 17, 1968 VIII. REPORTS TREASURER, CITY MANAGER - Register of Claims No 50 ~OVED by Fanning, seconded by Rice, that Register of Claims No. 50 be ldopted; unanimously passed: AYES: COUNCILMEN: Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Drohan POLICE REPORT - REPORT OF DEVELOPMENT ADMINISTRATOR MOVED by Fanning, seconded by Ellinwood, and unanimously passed that the reports for September of the Police Department and the Development Adminis trator be accepted. IX. QUESTIONS Endorsement of Ballot Propositions - Ellinwood requested time on the next agenda to report on her recent attendance at the League of California Cities Conference as well as ABAG meeting. She also urged Council to act in endorsing Proposition I-A and 7, opposing Proposition 9, noting the League had requested cities to take a stand on these measures. The Chair directed Staff to prepare a report on the propositions and agendize for next meeti~ . Appreciation to Fire Department - Fanning suggested it would be appropriate for the City to address a letter of appreciation to the Tiburon, Belvedere and Alto-Richardson Bay Fire Districts for their action in fighting the fire at 7-9 Main Street. Annual Coast Guard Day Observance - The Chair extended an invitation to the Council to jOin in celebrating Coast Guard Day at the Corinthian Yacht Club on October 19, 1968. Meeting of Marin Mayors and Councilmen - The Chair announced the next mee~ ing of this group would be held in San Anselmo on October 30, 1968. Correspondence from Old Tiburon Property Owrers Association _ The Chair acknowledged receipt of letter from Mr. Jerry Coles expressing this Assoc1a- tion's views on the Downtown Plan, a missile ~ite on Angel Island, and traffic congestion. League of Cities - National Meeting - The Chair requested permission to attend the national meeting of the League of Cities, to be held in New Orleans. Landmarks Society Land Purchase - The Chair acknowledged the request of the Landmarks Society for the City te contribute $4,500 toward acquisition of 1.5 acres above old st. Hilary's hurch to preserve this land in open space. Ellinwood added the total cost would be $72,500--50% of which would be borne by H.U.D., 13% of the balance by the County, and Tiburon and Belvedere each paying the remainder of $4,500 each, after contributions of 25% by private donors. MOVED by Ellinwood, seconded by Fanning, fuat $4,500 budgeted in the Land Acquisition Fund, A/C A-68, 1968-69 budget, be allocated for a contribution toward the purchase of the area above st. Hilary's Church, generally known as Parcels D-2 and C, as presented by the Landmarks Society's map and memo, it being the finding of this Council that such land to be acquired is characterized by great natural scenic beauty and whose existing openness, natural condition and present state, if retained, would enhance the present or potential value of abutting or surrounding urban development and would maintain or enhance the nature of this scenic resource; unanimously passed: AYES: COUNCILMEN: Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Drohan The Chair directed the Cit~ Attorney, with Staff, to prepare the necessary documents to bring to the ouncil for the Mayor's signature. He also noted that the Parks and Recreation Commission had transmitted to the Council their resolution supporting this purchase. City Council Minutes #153 -7- October 17, 1968 x. EXECUTIVE SESSION At 11:59 P.M. the Chair declared the meeting recessed to Executive Session in order to discuss appointments to boards and commissions. XI. ADJOURNMENT At 12: 30 A.M. J October 18, 1968, the Chair declared the meeting adjourned C Approved by the City Council on: /3 , 1968 \, Mrs. Jackie Parnell was recognized and questioned the parking pro- visions. Mr. Ross stated the Harbor-Lagoon Plan provided 440 exterior spaces and 840 within the underground-deck parking structure. The City's Planning Consultant stated 2,400 spaces were pr ovided in the Downtown Plan. Mr. Vance Wolfe, representing the Northwestern Pacific Railroad, was recognized and stated it would cost $20,000 to develop the facts and figures relative to the plan's feasibility. As the land involved not just 3 major owners but possibly 50, he felt that time-wise, the plan was not workable. He stated that although no developer had been asked, at this time they had no developer willing to undertake the pl~ Mr. Jerry Coles was recognized and on the plan as presented. solicited remarks Mr. Eiler Foss was recognized and related the sources of financing that might be available to the City from federal and state agencies for harbor and yachting facilities construction--including H.U.D., Bureau of Outdoor Recreation, Small Craft Harbors, Bureau of Land Management, and Corps of Engineers. In response to the concern~ex- pressed as to where excavated earth would be deposited, he noted a city within the scope of BCDC would be entitled to deposit 100,000 cubic yards near Alcatraz, and this would accoQnt for 1/4 of the soil Another 1/4 would be used to build up the area around the town square and waterfront; 1/4 would be carried ou t to sea and dumped; and the remaining 1/4 would be sold. He felt the City should participate in the development of this harbor for public recreation. from the audien(\Q Mr. Bryan Chapman was recognized and stated, as to the planTs economic feasibility, that a reasonable estimate of present value of the 20 acres subject to harbor~lagoon development would be $100,000 an acre, or $2 million. To create the harbor and lagoon would cost $1,200,000 for excavation, building a rock bulkhead and relocation of dewers. A conservative estimate of value of land surrounding the newly-created harbor-lagoon would be $3,200,000, based on $800 per front-foot for the 4,000 front feet circling the harbor and lagoon. He indicated he felt $1,000 per front foot was also realistic, and would bring a net increase of $800,000 to the land value. By bill P138 of October 23, 1968, Mr E. Bruce Ross was recognized to make a 45-minute presentation on the 'Harbor and Lagoon Plan", a down- town development plan which he and his associates had prepared. By slides and maps, Mr. Ross commented on the essential characteristics of the plan and responded to questions from the audience. PRESENTATION OF HARBOR-LAGOON PLAN FOR DOWNTOWN DEVELOPMENT IV The Minute Clerk advised Minutes 4153 of October 17, lble, and the Chair therefore directed deferment to MINUTE ORDERS 1968 were not yet avail- the next meeting. PRESENT ABSENT: EX OFFICIO COUNCILMEN COUNCILMEN III Bremer, Drohan, Ellinwood, Fanning, Rice None Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Ray F. Foreaker, Jr., City Engineer Louis F. Brunini, Superintendent of Public Vor'l{s Russell Melquist, Assistant to the City Manaser Phil V. Scott, Development Administrator George S. Gatter, Planning Consultant Gary Sanders, Associate of George S. Gatter APPROVAL OF MINUTES II At 8:00 P.M. on October 28, 1968, there being no quorum present at the City ~ouncil Chambers, Deputy City Clerk Phil V. Scott declared the regular meet- ing of the City Council, City of Tiburon, State of California recessed to the Del Mar School, where at 8:13 P.M. Mayor William R. Bremer called the meeting to order. ROLL CALL I CALL TO ORDER Minutes :11154 CITY OF TIBURON CITY COUNCIL October 28, 1968 Fanning stated that since the last meeting he had communicated to the Harbor-Lagoon Plan proponents the questions the Lands and Development Committee felt should be answered and that while most had been replied Drohan recalled that over the past 4-1/2 years other plans had featured a harbor and canal connecting with the lagoon behind the Safeway store and he agreed these plans had uniqueness and strength He suggested the Council consider adopting the written development policy, withholding adoption of the graphic representation of that policy until the Planning Commission had the opportunity to do further study, as they had indicated they would like to do. Mr. Peter Macgowan, Planning Commissioner, was recognized and stated while he was extremely interested in the plan when first presented, he recognized now that it was inadequate as to circulation as well as the atmosphere that would be created. He felt feasibility studies of the plan would cost $50,000, and as a Planning Commissioner, strongly urged adoption of the Downtown Plan. Mr. Ross was again recognized and presented for the record a report prepared for the City of Mill Valley on a development plan, a study costing $24,000. Mr. Chapman was again recognized and noted one source of immediate funds to start development would be through applying 50% of the cost of the drainage plan the City will have to adopt. The Chair replied it was his feeling the City might be saved the entire $300,000 this drainage plan had been estimated to cost by imposing upon developers as the downtown is developed the pattern of drainage adopted by the City. Mr. Noble was recognized and stated he felt the cost figure of $200 per linear foot was a very adequate provision for bulkhead construc- tion and added in some areas costs would be considerably less. As to maintenance and dredging, he said these costs would depend on what was allowed to enter the channel and stated the lagoon could act as a settling basin to collect material, which would cut down maintenance Erosion would be reduced by establishing a continuous bulkheading. Mr. Chapman stated Mr. Morgan Noble was present and would reply several technical questions raised earlier in the presentation. to A short recess Mr. Jeffrey Morshead was recognized and asked how the Plan's proponents planned to obtain the $2 million that would be needed to buy the 10 acres for harbor development. Mr. Coles replied one concept might be a corporation or trust, pooling all the properties involved. In res- ponse to the Chair's comments as to how the City could bring about participation in such a scheme by private developers, Mr. Coles re- ferred to recent Supreme Court rulings and the benefit to the publiC good in retaining open spaces. was taken at 9:27 P .M The meeting reconvened at 9:35 P .M Mr. Eric Rettig, engineer and former Planning Commission Chairman, was recognized and recalled other plans had been conceived which were similar but for one reason or another had been financially infeasible-- he cited the extensive dredging required to maintain the harbor over a 10-20 year period as one of the costs. To be useful to the City, he felt any plan must be able to be evaluated within a reasonable time and felt that although the harbor-lagoon plan was interesting, he would urge adoption of the Downtown Plan in order that progress would not be blocked. To the Chair's question as to the loss to the City of taxable land, Mr. Chapman replied the harbor area would be 10 acres, the lagoon 4, and if zoning controls were arranged as envisioned by the plan, he felt there would be a tax increase rather than tax loss by reason of the harbor-lagoon development. Mr. Elmo DeMartini was recognized and inquired about density and stated, as a general contractor, that he felt estimates for bulkhead construction were too low. Mr. Chapman replied as to the latter that Mr. Morgan Noble, a specialist in this field, would be present later to comment Mr. Ben Farlatti was recognized and asked what building height was proposed to achieve the density shown. Mr. Ross replied, three stories above underground parking, which Mr. Farlatti stated would indicate to him 13' above the present 30' limit on building height City Council Minutes -#154 -2- October 28, 1968 The Chair recognized Mr. Bryan Chapman to respond to several questions raised earlier on the Lagoon Plan. He stated as to traffic circula-- tion that he doubted whether either plan resolved the matter of efficient circulation of traffic and questioned whether this was even a desirable aim of the citizens. Ellinwood supplied copy of the original Callister and Payne Plan, which had been extensively adapted to become the present Downtown Plan -. DOWNTOWN PLAN Continued Hearing By bill ~l135 of October 10, 1968, the Planning Consultant noted the public hearing on the Downtown Plan, commenced October 17, 1968, was continued to this meeting. He exhibited an illustrative site plan with color coding indicating the land use distribution in the 38-acre area defined for downtown development. He stated that in contrast to the Lagoon Plan, this plan would cost taxpayers only 10%. He spoke against the suggested policy of adopting the written development state- ment and withholding approval at this time of the accompanying map since he felt this would be tantamount to accepting the policy as a guide and rejecting the illustrative plan, which would not be sufficient direction for the Planning Commissioners. AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None Ellinwood, MOVED by Fanning, seconded by Drohan, that the City Council goes on record as commending the Ross group for their efforts in bringing these ideas forth and would encourage more of this type of community spirit unanimously passed: Fanning, Rice, Bremer The Chair stated he felt the citizens would not want to supply the money needed to purchase the land for the Lagoon Plan and couldn't see how, by law, the City could impose upon private owners a plan that is far beyond existing land use. He felt the policy statement should be adopted as well as the map, as a guideline concept. He felt federal funding was not only not available but possibly undesirable. Rice Stated that while he too felt the Lagoon Plan had a great deal to commend it, aesthetically he could not agree with some elements and would want to be sure that waterfront views were preserved for others than those whose property fronted it. He stated the legal precepts of the plan concerned him and stated he knew of nothing in law that would support it as an affirmative frame of reference as to a zoning map. He felt the City was faced with the situation of having to have some basis against which to weigh plans offered by developers and to that end, felt Drohan's suggestion of adopting the policy statement but not the depiction of that policy would be best. Ellinwood stated she had modified and intensified her thinking since the first presentation of the Harbor-Lagoon Plan. She felt the City should be grateful for the unique kind of citizen participation by the persons whose talents had been pooled in formulating and presenting the plan. She posed several questions concerning excavation costs and area to be utilized and concluded that she doubted that Tiburon citi- zens would want the intense residential development or building height called for in the plan, expressing her preference for the type of com- mercial development which would relieve the property taxpayer and felt the question of office use and vacancy factor vs. tax revenue from commercial producers should be carefully investigated. She expressed concern that the policy statement made no reference to preservation of "old Tiburon", and regretted that a comparison of the Callister and "Gatter" plans as to land use had not been made. She felt that rather than postpone action, the Council might adopt the "Callister", the "Gatter" and the "Lagoon" Plans as examples of how the written policy statement might be implemented. to, he was not satisfied with the responses as to parking and disposi- tion of earth that would be excavated. Further, he felt the indicated 4-story buildings would create a wall offering only slight access for views of the harbor and lagoon. He felt that in adopting the Downtown Plan there was sufficient flexibility to implement such a plan--if financially possible--but felt Council should not further delay adopting a realistic plan City Council Minutes -#154 -3- October 28, 1968 Fanning stated that while he concurred, the property was outside the area with which the development policy is concerned. The City Attorney added that any substantial change in the statement would require it to be resubmitted to the Planning Commission. Moved by Ellinwood that a fourteenth point be added to the development statement to the effect there should be recognition of the architec- tural character and charm of old Tiburon (Mar West and Centro West, abutting streets and lanes) and every effort should be made to preserve and upgrade this area as one with special values worthy of enhancement and beautification. Motion died for lack of a second. AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None Ellinwood The City Attorney advised that as a matter of policy, he did not believe the City could enforce a 6-month moratorium on development plans, as had been suggested, but that the City could for bona fide reasons postpone action. Following further discussion, Fanning withdrew his previous motion and Bremer withdrew his second. Question on the remaining motion was called for and unanimously passed: Fanning, Rice, Bremer MOVED by Rice, seconded by Ellinwood, that although adopting the verbal plan, the City Council will defer adoption of the map until the 2-4 month period necessary for the completion of the feasibility study Motion by Fanning, seconded by Bremer, that the Downtown Plan be adopted as presented by t~~~~~Dning Commission, including the policy statement accompanying i~~later Withdrawn) A YES : NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None None Ellinwood, Fanning, Rice, Bremer At call of the question, The Consultant stated he felt the study two and four months. the motion unanimously passed could be MOVED by Fanning, seconded by Rice, that the City Council authorizes the Planning Consultant to enter into a feasibility study, up to the sum of funds allocated for this purpose, on the basis of the plan which the Planning Commission has sent to the City Council for adoption. conducted in between Rice stated he felt the economic feasibility study was necessary and indicated the relationship between commercial and residential develop- ment was a critical issue to resolve. Motion by Ellinwood that action be postponed so that the Planning Com- mission might assign this project to a properly qualified market research specialist to answer the seven basic questions posed by the Consultant's September 17, 1968 memorandum. Motion died for lack of a second. Ellinwood referred to the Planning Consultant's memo of September 17, 1968 outlining the scope of study necessary to establish feasibility of downtown proposals and stated she felt this work should have been done before the map now exhibited had been prepared Motion bY2~ohan that the City Council adopt the policy statement for the downtown area as presented by the Planning Commission and that it request at the same time that the Planning Commission review in more detail the Lagoon Plan as well as one or two of the other approaches which have elements of the Harbor-Lagoon Plan in them, returning to the City Council by the first meeting in January a final recommendation as to whether they approve or want modified the graphic representation submitted. Motion died for lack of a second. Mr. Christopher Layton was recognized and as a property owner, expressed concern about the amount of parking and how it would be landscaped in the present Downtown Plan. On behalf of Mr. Warren Callister, architect of the original plan, he wished the record to be clear that the present plan was not a product of their office and they could not agree with the approach taken as to traffic. City Council Minutes :L154 -4- October 28, 1968 City Council Minutes #154 -5- October 28, 1968 Moved by Rice that the following clause be added to he last paragraph of the development policy: "...initiated, and may nsider such density and height bonuses as it deems appropriate in connection therewith. II - Motion died for lack of a second. NUISANCE ABATEMENT - Bees, 10 st. Bernard lane By bill #47 of September 25, 1968, continued hearing on the above matter came before the Council. Ellinwood stated the Committee's re6uest had been complied with on the date due and on September 23, 19 8, the number of hives at the above address had been reduced to 8. She commended young Steiger for his effort. MOVED by Ellinwood, seconded by Fanning, that the City Council act not to declare a public nuisance in existence at 10 st. Bernard Lane; unanimously passed: A YES : COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None NUISANCE ABATEMENT - Drainage, Blackie's Pasture At the request of the City Manager, the Chair directed continuation of public hearing on the above matter as it was expected that the owners would remedy the situation within the week. BALLOT PROPOSITIONS lA, 7 and 9 MOVED by Ellinwood, seconded by Rice, that the City Council go on record as opposing the passage of Proposition Number 9; unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None MOVED by Ellinwood, seconded by Rice, that the City Council does hereby express their support of Proposition I-A and Proposition 7/ which provides replacement of revenues lost through Proposition I-A; unanimously passed: AYES: COUNCILMEN: Drohan, Ellinwood, Fanning, Rice, Bremer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None PLANNING DIRECTOR There being no objection, the Chair directed this matter continued to the next regular meeting. NORTHHESTERN PACIFIC RAILROAD RIGHT-OF-WAY Fanning reported the Railroad was in the process of discussions on the right-of-way and that he and Bremer would meet with the Railroad. The Chair directed the matter placed in the Administration and Finance Committee for final action. V. REPORTS TRESTLE GLEN BASIN DRAINAGE - Committee Report LEAGUE OF CALIFORNIA CITIES-ABAG GENERAL ASSEMBLY - Oral Reports DEPARTMENT OF PUBLIC WORKS - Reports for August, September TREASURER, CITY MANAGER REPORTS - Monthly Cash Flow, Register of Claims .;!f51 Because of the lateness of the hour, and request of Ellinwood as to Register of Claims, the above reports were continued. REGULAR COUNCIL MEETING Because the next regular meeting falls on a legal holiday, the Chair suggested that the regular meeting be held on November 13, 1968 . No objec- tion was expressed City Council Minutes #154 -6- October 28, 1968 VI EXECUTIVE SESSION - At 11:58 P.M. the Chair announced a recess of the meeting in order to convene in Executive Session, as to appointments. VII. ADJOURNMENT At 12: 20 A. M. , October 29, 1968, the Chair declared the meeting adjourned to Wednesday, November 13, 1968, at 8:00 P.M. in the City Hall Council Chambers. L~ Approved by the City Council on: , 1968 Ellinwood noted there is a slide area in the vicinity of these proper- ties. The City Engineer stated the slide is within present City limits but the earth would move onto county territory and bringing this pro- perty into the City would not change the matter of responsibility and would help inasmuch as only one jurisdiction would be involved in correcting it. The City Manager also noted the Planning Commission is now considering a petition for rezoning of some properties facing Raccoon Straits and believed the Dawsons would want their properties given the same zoning. In answer to Ellinwood's question, he stated there was an additional building site on the property and there were no known disadvantages or greater exposure to the City in annexation MOVED by Fanning, seconded by Rice, that Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED TO THE CITY OF TIBURON. 225 be adopted, APPROVING THE DAWSON PROPERTY By bill ~~142 of November 7, 1968 a resolution to approve annexation to Tiburon of five parcels of land adjacent to the southeasterly boundary at Mar East street came on for adoption. The City Manager noted the owners, Mr. and Mrs. John Dawson, wished to bring this 3/4-acre holding under one jurisdiction, since they have adjacent land within the City limits. He stated Local Agency Formation Commission approval had been received and as this was technically "uninhabited" territory, the Council could pro~eed without further notice, hearing or election to complete the annexation by adoption of this resolution and filing copy of same with the Secretary of state .NNEXATION OF PROPERTY Resolution No 225 MAR EAST STREET AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN IV Ellinwood, None Drohan RESOLUTIONS Fanning, MOVED by Fanning, seconded by Rice, that the City Council does hereby ratify the action taken in approving the Gatter contract on October 17, 1968; unanimously passed: Ri~e, Breme r MOVED by Fanning, seconded by Rice, rected; unanimously passed #153 be approved as cor- that The Minute Clerk asked that the following phrase be added to Minutes #153, page 5, end of paragraph on Annual Audit: "...respond at the first meeting in November, if it was determined the questions submitted were of sufficie~ .mport to warrant inviting the representative and having publiC discussion." Noting there had been no second for motion authorizing the Planning Con- sultant's contract, the Chair stated a ratification motion could be taken after adopting Minutes #153. At Ellinwood's suggestion, Fanning agreed to correction on page 3, last paragraph, first sentence, Minutes #153, to add: "Fanning stated he felt the group of citizens headed by Messrs. Coles, Ross and Chapman..." Minutes III Bremer, Drohan Lawrence D. Rose, City Manager Richard H. Breiner, Deputy City Attorney Ray W. Foreaker, Jr., City Engineer Louis F. Brunini, Superintendent of Public Phil V. Scott, Development Administrator Russell Melquist, Assistant to City Manager Samuel Shapero, City Treasurer APPROVAL OF MINUTES Works PRESENT ABSENT: EX OFFICIO COUNCILMEN COUNCILMEN Ellinwood, Fanning, Rice II The adjourned regular meeting of the City Council, City of Tiburon of California, was called to order by Mayor William R. Bremer at 8 on November 13, 1968 in the City Hall Council Chambers ROLL CALL , . . State 10 P.M I CALL TO ORDER Minutes #155 I CITY OF TIBURON CITY COUNCIL November 13, 1968 By bill #137 of November 7, 1968 the job description and outline of a method of selection of the new Planning Director was presented to the Council by the City Manager. He noted the Planning Commission had PLANNING DIRECTOR METHOD OF SELECTION AND JOB DESCRIPTION requested Staff to prepare a plaque for Mr. Elmo DeMartini, Planning Commissioner. He noted that consideration had been given to over a half-dozen other candidates whose names were submitted for Commission posts and asked that Council consider his suggestion that all applicants could be appointed as "alternates", to be sworn in and seated as vacancies might occur on the commission Ellinwood submitted for the record a memorandum dated November 13, 1968 setting forth the reasons for her negative vote, which were that she felt candidates' names should have been made public to provide for public response and that an opportunity should be given Council to interview appointees prior to nomination. Specifically, she objected to "a well-intentioned mistake in judgment" attributed to one of the appointees. She stated she would, however, support all nominees as Commissioners. AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Fanning, Rice, Ellinwood Drohan Bremer MOVED by Fanning, seconded by Rice, that the Mayor's appointments ratified by the Council; motion passed: be BY bill ~141 of November 6, 1968 the Mayor announced the following nominations to full terms on the Planning Commission: Messrs. Peter Macgowan, Victor Banks and Allan Thompson. He noted that Mr. Thompson's appointment would create a vacancy on the Parks and Recreation Commission and nominated Mr. F. G. Knight to fill this term, which expires July, 1971 APPOINTMENTS TO BOARDS AND COMMISSIONS V As to disposal of the abandoned structures on this property, the City Manager advised written consent had been obtained from the OWners to demolish and remove the structures. Mr. Donald Loomis, Parks and Re- creation Commissioner, was recognized and indicated there was some question that this could be done by the Fire Department. The Superin- tendent of Public Works stated he felt it was still possible that the buildings could be razed by the Fire Department as a fire-fighting drill. The Chair requested Staff to see that this was expeditiously accomplished MINUTE ORDERS AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Ellinwood, None Drohan Fanning, Rice, Bremer MOVED by Rice, seconded by Fanning, that Resolution No., 226 be adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON DECLARING THE FILLED DRAINAGE DITCH OVER BLACKIE'S PASTURE A PUBLIC NUISANCE; unani- mously passed , The City Manager requested and received permission to bring before the Council continued hearing on abatement of the publiC nuisance created by drainage obstructions on the property of Messrs. Thomas Connell et al and Gerald Connell in the area known as Blackie's Pasture. He noted public hearing had commenced September 23, 1968, and was continued on the assumption the owners would VOluntarily complete cleaning their portion of the drainage channel. Since this had not been done and the work accomplished by the City and Division of Highways on this channel would be ineffective without completion of that portion on Connell land, the City Manager recommended that abatement proceedings be instituted. ABATEMENT OF PUBLIC NUISANCE Resolution No. 226 AYES NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN DRAINAGE AT BLACKIE'S PASTURE Ellinwood, None Drohan Fanning, Rice, Bremer Question on the motion was called for and unanimously passed City Council Minutes #155 -2- November 13, 1968 Mrs Jackie Parnell was recognized and urged that with the attractive Ellinwood suggested the arrangement of Qualifications sh~ld be reversed She felt the sentence describing Experience should cite 5-years as a minimum requirement. This, and the following sentence stating a master degree might be substituted for one year's experience, was discussed at some length. s Inclusion of the words knowledge and concepts in...EDP and ADP" was discussed. It was the sense of the Council that this requirement should remain as the Director should be conversant with the terminology and application of data processing as it effects elements of planning. Motion by Ellinwood to revise the first paragraph, page 2, to place the Planning Director under the primary responsibility of the Planning Commission failed for lack of a second. Fanning read that portion of the code which places control of personnel directly under the City Manager. Rice indicated he too felt the words "at the direction of the City Manager" could be deleted from the Description but only on the basis of their being redundant since the position is responsible to the City Manager for all work, not just those phases mentioned. The Chair stated he felt the Council was in basic agreement on the mechanics to be followed and the Council proceeded to discuss the Job Description, as stated in the City Manager's memorandum of September 20, 1968. The City Manager commented on the changes proposed in this memorandum by the Planning Commission and explained why they had not been incorporated in the Description now before the Council. recess Following some discussion on the mechanics of hiring, the City Manager stated he now visualized it as taking two consecutive days--one for the oral board to screen and the following day for the selection committee. He stated he recognized the need for some flexibility, however, and the Chair stated it would be up to the City Manager to coordinate the pro- cedure. He added that members of the Planning Commission, Parks and Recreation Commission and City Council should be prepared to present their questions of the applicants through their representatives and urged that taey name their spokesmen to take part in the selection. was taken at 9:27 P .M The meeting convened at 9:38 P .M The City Manager stated that being aware that the Code places the responsibility for hiring directly on him, he had advised the Planning Commission in his memorandum of September 20, 1968 that he would "be guided" by the selection board's choice; that he would appreciate the help given by the board, but would not abdicate the responsibility put on him by law. He urged Council to consider some of the details of the hiring process at this time in order that he might inform applicants. Rice stated it was perhaps best not to add a fourth member, and indicated he was inclined to favor using the full Council and Planning Commission in the final, selection board--although he felt this problem could be dealt with later and a job description should be written and the job advertised as soon as possible. Fanning stated that finding a fourth member of the oral board who would be sufficiently neutral would be difficult, and felt the individual mentioned would probably decline on the basis of a large architectural project which will in the future involve him professionally with this new Planner. ber 7, 1968 and had proposed some ~~ed to the Land sand Deve loprre n t Com- ." . ~Aa4=~ a d:iverg~nce O:C_QP1rLion~ ~ ~~ 4~ ~ma~:;U; ~>,c."" Ellinwood outlined contents of a letter she ~ddressed to the Planning Commission on October 5, 1968 relating her views on (1) the need to agree on the basic concept of the department and the new position, (2) resolv- ing the redistribution of duties as related to the addition of the new position, (3) method of recruitment and (4) background for determining qualifications and compensation for the position. She stated the Com- mission had concurred with her suggestion to add a fourth, local member to the screening board. She stated that while final selection under ordinance rests with the City Manager, she noted his willingness to abide in this case by the decision of a selection board and urged that the full Council and affected Commissions be involved in the selection reviewed changes. mittee. ~ /".J City Council these Minutes .1.~155 -3- November 13, 1968 BY bill #140 of November 7, 1968 Rice presented a comprehensive report by the City Engineer, dated November 1, 1968, concerning solutions to the Trestle Glen basin drainage problem. Rice stated that as there were still one or two factual inquiries to be made, and the matter was still with the Public Services Committee, that he would request that it be continued. This data included receiving a written opinion from the City Attorney on whether or not City funds could be expended on RESTLE GLEN BASIN DRAINAGE A YES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Ellinwood, None Drohan Fanning, MOVED by Rice, seconded by Ellinwood, unanimously passed: Rice, Bremer that the appeal The Chair stated that as appellants had filed for a use permit under the now-applicable ordinance that provides for temporary use permits for parking lots, the matter was moot and the appeal could be dismissed be dismissed By bill #3 of November 6, 1968 the Development Administrator stated this appeal was first brought to Council on January 17, 1967; that since then appellants had filed a new application, following the recently-adopted ordinance relating to temporary use permits in the PD zone; and he suggested future proceedings be terminated as they City Attorney would recommend. '\PPEAL ON APPLICATION FOR USE PERMIT TO ESTABLISH DOWNTOWN PARKING LOT .riburon Boulevard and Paradise Dri ve, Weinberg and Demaurex, et al AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Ellinwood, None Drohan Fanning, MOTION by Fanning, seconded by Rice, that Position #11, Planning Director, be established at a beginning rate of $11,000 per year, at 5-year step increments of 5% each; vnanimously passed: Rice, Bremer and The Chair suggested a range of $11,500 to $13,000 in 5 years; suggested beginning at an annual salary of $11,000. Ellinwood The City Manager stated the proposed salary range of $11,000-13,000 was based on the most recent hiring experience for a position of this type in the county. He urged Council to hire at step A to provide for the full range of promotional steps within the range AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Ellinwood Rice Drohan , Fanning, Bremer Question on the The Chair noted Staff could be expected to polish Ellinwood stated she did not see this as referring phrasing but as to arrangement of the material. motion was called for and passed the Description to the preceding " MOVED by Bremer, seconded by Fanning, as to the Job Description submitted by the City Manager under date of September 20, 1968, "Summary Position Description" is acceptable; "General Duties" is acceptable, except that page 2, first paragraph, line 2 shall be revised by deleting the words "at the direction of the City Manager"; that "Qualifications"are acceptable generally, with the following modifications: Experience: "A minimum of five years of increasingly responsible profeSSional accomplishment in planning." Delete last sentence of paragraph. Education: "A master's degree in city planning is required. Equivalent substitute experience or educational graduate degrees may be accepted by the City in lieu of said requisite " City ~155 salary range mentioned, the City could demand top qualifications, she felt should include 5-years' minimum experience and a master's degree. There was some discussion on the difference between "city planner" and "urban designerll. The Chair stated he didn't think a master's degree should necessarily be a requisite. Rice felt the applicant should not be required to hold a master's degree. Ellinwood stated that a phrase might be added that the master's degree requirement could be waived in consideration of an unusually suitable candidate. Council Minutes -4- November 13, which 1968 utility _ agreed 1s ", ~'Dort on League of California Cities and ABAG Meetings - Ellinwood noted , .at tne press had reported she would give oral reports on these meetings at this time, and requested that they be placed on the next agenda. The qrair so directed that time be allotted for these reports at the next meeting '; - Shaping of Monterey Pines - Ellinwood reported Mr. and Mrs. Tvfatson Haar- bauer had presented a color photo of the front of their Reedlands residence to show how the Monterey pines in front of their home have been trimmed in such a way as to be attractive and yet not disturb neighbors' views. At Ellinwood's request, the apparently forgotten pole. City Engineer A YES : NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN VII Ellinwood, None Drohan QUESTIONS MOVED by Fanning, seconded by Rice, accepted; unanimously passed: Fanning, Rice, Bremer that Ellinwood inquired about some items on the Register of Claims and was in- formed that registration fee for City Treasurer Samuel Shapero to attend the League of California Cities Conference would be refunded as he had not attended such meeting. Register of Claims No 51 be REGISTER OF CLAIMS MOVED by Fanning, seconded by Rice, nYlanimously passed. No 51 Month of September, 1968 that the above reports TREASURER, CITY MANAGER - Monthly Cash Flow Statement DEVELOPMENT ADMINISTRATOR - October SUPERINTENDENT OF PUBLIC WORKS - August and September ~OLICE DEPARTMENT - October be accepted ; VI Fanning noted what appeared to be two typographical errors in the report: Page 13 - year of 1967 appears to be incorrect, should be 1968 at bottom of page after months of "April, May and June"; substitute- word "from" in place of word "for" on page 17, 2nd paragraph, 2nd line as bonOS1Were purchased from First California Company. The Chair directed Staff to check on these ~items. REPORTS AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Ellinwood, None Drohan Fanning, MOVED by Rice, seconded by Fanning, that the audit of Sleezer and Eckhoff of the City's financial statements for the year ending June 30, 1968 be accepted; unanimously passed: Rice, Bremer By bill #130 of November 7, 1968 the Assistant to the City Manager recommended that the City accept the report on the examination of financial statements prepared for the City by the firm of Sleezer and Eckhoff for the year ending June 30, 1968. The Chair noted that no written questions had been submitted to him since the last meeting and therefore no representative of the firm had been invited to attend this meeting to respond in public discussion. Ellinwood stated she had com- municated her inquiries directly to the auditing firm and if their response to her policy questions--as they previouSly expressed by memo to the Council--indicated a need for further discussion, she asked that the item might be scheduled for publiC discussion. The Chair asked that Ellinwood present any suggested procedural changes to the Administration and Finance Committee to prepare an agenda bill, if needed. ANNUAL AUDIT private property, as well as additional engineering data. Ellinwood stated she felt the owner of the subject land should be gratified to receive without charge the report prepared by the City Engineer and felt that before additional engineering data was requested that the City Attorney's opinion should first be received. The Chair directed the matter continued to the next meeting. 1967-1968 City Council Minutes ~155 -5- November 13, 1968 City Council Minutes #155 -6- November 13, 1968 Use of City Dump Box - Ellinwood stated that while she personally appre- ciated the availability of the City's dump box for citizens to dispose of cuttings and brush, she would have preferred having this brought to the Council before implementing this free use by the residents of the City's lump box. The Chair noted no commercial use of the box was contemplated. Fanning said that no expense to the City was involved at this time and if it should occur, the matter could be brought to the Council. Equipment Acquisition - Fanning commended the Superintendent of Public Works for his prudent shopping which had resulted in t~ty'S acquiring an additional tractor and backhoe for the price of th~ueed backhoe which had been budgeted and authorized in this year's budget. He stated this completed equipment acquisitions for the immediate future. Joint Meeting with Commissions - Rice asked about the status of proposed Joint meetings with the Council, Planning Commission and Parks and Recrea- tion Commission. The Assistant to the City Manager stated the Parks and Recreation Commission was submitting its suggested agenda for such meeting Corporation Yard - The City Manager responded to Rice's question on a possible joint-use corporation yard with Reed School District that no further word had been received from the District. The City Engineer agreed to bring the matter up with the District's engineer. ~ppointment to Committee - The City Manager announced he had been appointed _0 a committee to report to the state Controller on revisions of annual financial reports of cities. ~. VIII. EXECUTIVE SESSION \ At 11:15 P.M. the Chair recessed the meeting to Executive Session to ?isCUSS pending litigation. " IX. ADJOURNMENT At 11:30 P.M. the Chair declared the meeting adjourned ~ ------ Approved by the City Council on: , 1968 City Council Minutes #155 -6- November 13, 1968 Use of City Dump Box - Ellinwood stated that while she personally appre- ciated the availability of the City's dump box for citizens to dispose of cuttings and brush} she would have preferred having this brought to the Council before implementing this free use by the residents of the City's lump box. The Chair noted no commercial use of the box was contemplated. Fanning said that no expense to the City was involved at this time and if it should occur, the matter could be brought to the Council. Equipment Acquisition - Fanning commended the Superintendent of Public Works for his prudent shopping which had resulted in t~ty's acquiring an additional tractor and backhoe for the price of th~~Bed backhoe which had been budgeted and authorized in this year's budget. He stated this completed equipment acquisitions for the immediate future. Joint Meeting with Commissions - Rice asked about the status of proposed Joint meetings with the Council, Planning Commission and Parks and Recrea- tion Commission. The Assistant to the City Manager stated the Parks and Recreation Commission was submitting its suggested agenda for such meeting Corporation Yard - The City Manager responded to Rice's question on a possible joint-use corporation yard with Reed School District that no further word had been received from the District. The City Engineer agreed to bring the matter up with the District's engineer. ~ppointment to Committee - The City Manager announced he had been appointed .0 a committee to report to the State Controller on revisions of annual financial reports of cities. ... VIII. EXECUTIVE SESSION , At 11:15 P.M. the Chair recessed the meeting to Executive Session to 9iscuss pending litigation. '. IX. ADJOURNMENT At 11:30 P.M. the Chair declared the meeting adjourned ~ .----- Approved by the City Council on: , 1968 ~ Anne Ellinwood An incumbent being re-nominated by the Mayor made what I believe to be a serious mistake in judgment involving a matter of direct personal interest in that he recently wrote a two-page letter' to a large number of his neighbors concerning the zoning of their (and his) property. He proposed joint action to effect a zoning change, proposed the services of an attorney, named the same and enclosed a copy of a two-page letter from said attorney, and at- tached a fifth page which was an in-blank authorization for the attorney to act for the addressed property owner in this matter. I do not in any way dispute the right or the privilege of this citizen to exercise his prerogatives as a citizen to achieve his goal. Notwithstanding his statement that, as a Planning Commission member he would be "disqualified as a participating member of that Commission in this request for re-zoning", I feel such a statement does not change the fact that the bringing of this matter before the proper authority (Staff or Planning Commission) should have originated with others. My objections might have been reduced and reflected in an abstaTning vote had the individual not~~8tively pursued the matter with his neighbors by phone calls and bya special meeting held in his home. I reiterate -- well intentioned but still an example of the exercise of poor judgment. In my viewpoint, no public official can just "take off his hat" when matters of such personal (and economic) concern are involved. I feel he. should completely refrain, publicly' 'and 'pr'ivat'ely from in- volvement or else remove himself as a public officer in order to be completely free to act in his own behalf and best interests. Ob"iectiorts - Specific ~ Believe all candidates' names should be made public to provide for public response; believe all should have privilege of in- terview to enable each Councilman to make a sound judgment on such crucial four-year appointments -- for example, I do not know the appointee to Parks & Rec. -- have met only once, in- formally, during recent campaign -- only his own letter to inform me about his qualifications. See no reason for secrecy in matter of nominees. College of Marin, Tam High District, Fairfax Planning Commission, Sausalito Planning Commission, County of Marin -- candidates -- various FOs~.tions -- all given open, public treatment and same reflected in press. Hope ~~ Mayor will revise his attitude on this procedure before next appointments are to be made Oblections 'General Thoughts re my Negative Vote, Mayor's Appointment of Members to Planning Commission & Park & Rec. Commission Subject To: All Councilmen November 13 The City Attorney replied Council could take whatever action they desired, subject to the proper parties entering into a stipulation satisfactory to the City Attorney; and he believed he could obtain a stipulation that would be binding on all owners. He agreed with th€ Chair tpat the City should not be in the position of having to deter- mine l~ality of the interests representea by the application. Fanning stated the matter has been the subject of extensive discussion by the Lands and Development Committee, as summarized by Chairman Drohan's letter to applicants dated October 30, 1968. Fanning stated- the Committee favored approving the application, but he wished to sub- mit for the record letter received this date from Mr. Matthew B. Wein- berg, dated November 22, 1968, in which he stated he was one of the owners of the property; had not been consulted about this filing; was not opposing the granting of the temporary permit, but wished to put the City on notice that vTaterfront Properties did not represent him or his interest. Fanning stated the Committee had assumed they were speaking with all owners and asked the City Attorney if a stipulation received from Messrs. ~~lthers, Quetnick and Demaurex would be binding on Mr. Weinberg if he was an owner of record and not a co-signer of such an agreement. By bill #143, November 19, 1968, application of ~Taterfront Properties for a temporary use permit to operate an 81-space parking lot at 1821 Paradise Drive came on for public hearing. The Development Administra- tor recommended approval, providing proper stipulations were executed as to the legal suit in which the City and these property owners are involved and further, that the Board of Design Review be given an oppor- tunity to review the application. The Chair declared the hearing open. APPLICATION FOR TEMPORARY USE PERMIT Parking Lot, 1821 Paradise Drive Waterfront Properties, Applicant VI Rice stated the matter was not yet ready to come out of Public Services Committee as more data was required. The Chair directed the matter taken off calendar and brought on the agenda when the Committee was ready to report MINUTE ORDERS TRESTLE GLEN BASIN DRAINAGE Interim Committee Report V The Chair presented a ceremonial plaque to Mr. Elmo tion of his services to the City during his term as REPORTS DeMartini in recogni- a Planning Commissioner. RECOGNITION OF SERVICES IV The Minute Clerk asked that Minutes #154 be corrected as to paragraph, 3~d line, punctuating as follows: "...statement it. (Motion later withdrawn.)" MOVED by Fanning, seconded Minutes or November ; 1968 be approved as corrected passed. EXTRAORDINARY BUSINESS ; page 4, 9th accompanying by Rice, that unanimously III Ellinwood, Rice, Drohan Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Ray \,T. Foreaker, City Engineer Louis F. Brunini, Superintendent of Public Russell Melquist, Assistant to City Manager Gary Sanders, George Gatter Associates APPROVAL OF MINUTES '~forks PRESENT ABSENT: EX OFFICIO COUNCILMEN COUNCILMEN Fanning, Bremer The nia, 25, II regular meeting of the City Council, City of Tiburon was called to order by Mayor vrilliam R. Bremer at 8 1968 in the City Hall Council Chambers. ROLL CALL , : State 10 P.M of Califor~ ., November I CALL TO ORDER Minutes #156 CITY OF TIBURON CITY COUNCIL November 25, 1968 Ellinwood stated she was pleased to see the ference to free commuter parking as well as the fact application would be referred to the Board of Design Review. She urged, however, that findings of public necessity be fully set forth, which the Chair noted would be done at the next meeting. Question on the motion was called for and unanimously passed MOTION AMENDED by Fanning, adding: to include but not be limited to (1) the conditions outlined in Drohan's letter of October 30, 1968, (2) clarification of ownership of Waterfront Properties and stipulation regarding pending litigation agreeable to the City Attorney, (3) that findings of fact as set forth be approved, and (4) full compliance be made with Section 10-10 (J) of the Zoning Ordinance. Ellinwood suggested that Fanning's mentation that would be required Mr. John S. Hoffmire, Jr., was Design Review had expressed for the lot, and stated he on the adjacent, Railroad motion recognized. He noted the Board of concern over intensity of night lighting would favor limited lighting being placed parking lot also. speci~.cally note the docu- Mr. the Elmo DeMartini was recognized and urged that lot be given further study. ingress and egress to Mr. Jay Quetnick was again recognized and stated they had no objection, if the problem weren't compounded. The Chair recognized that appro- priate engineering would be involved to permit proper flow of traffic between the two lots. The City Manager stated he had discussed with applicants and the North- western Pacific Railroad the suggestion that a limited opening between these adjacent parking lots be provided during the time commuter passengers were discharged from the ferry; that this opening would allow traffic to circulate and disperse, relieving present congestion at the evening hours. He stated no objection had been expressed from either party, provided the City raised and lowered the barricades. MOVED by Fanning, seconded by Rice, that the project is approved in principle and that the Council does hereby request that at the next meeting, proper documents be submitted in order to approve the application in its entirety. Fanning and Bremer withdrew the previously-submitted motion Rice suggested that the final documents contain a more precise state- ment as to rate structure than the phrasing contained in Drohan's letter Fanning and the Chair agreed a strong resolution of intent should be offered now to indicate to applicants the City's desire, and in the next two weeks the City Attorney, with applicants' attorney, could prepare the final exhibits necessary to clarify the remaining points and pass on the application at the next meeting. The City Attorney requested applicants' attorney to contact him. Rice noted a previous application for permit to operate a parking lot on this property had been filed by Mr. Weinberg and he felt a hold harmless agreement should be obtained. Ellinwood stated that because of the litigation involving the property as well as the long history of the appeal on the previous parking lot permit, final approval should be given only after all legal requirements had been satisfied. The City Attorney stated that after reoeiving a clear-cut understanding of ownership, he would propose obtaining the aforementioned stipulation. Motion by Fanning, seconded by Bremer, that the application for a tem- porary use permit to establish a parking lot be approved, subject to (1 the conditions outlined in Drohan's letter of October 30, 1968, (2) clarification of ownership of Waterfront Properties and a stipulation regarding pendin~ litigation agreeable to the City Attorney; (3) that Section 10-10 (J) of the Zoning Ordinance be complied with in full, and the findings set forth be approved. (Motion later withdrawn.) ) Mr. Jay Quetnick was recognized and stated his group did not recognize the interest Mr. Weinberg claimed and he asked Council to make its decision based on ownership by the other parties, being Messrs. Marshall \I'fal ters, Michel Demaurex and himself. City Council Minutes #156 -2- November 25, 1968 Rice stated his concern was whether it was better to permit extension of the existing Lodge facilities or leave room for a competing motel facility to be built, and noted he did not want the City to be in a position of receiving a rush of applications which would preempt the quota of uses that would be accepted by the Downtown Plan. Mr. Farlatti responded that his building coverage was under 26%; that the Lodge had been built with expansion in mind and units could be added without increasing the public and mechanical areas that any new facility would have to provide. Further if the present Dowfitown Plan were adopted, there would still be room for 125 more rooms--a figure which he did not feel woul~ be of interest to anyone other than a chain. He felt Tiburonrs off-freeway location, as well as its sign ordinance, would eliminate it from consideration by a chain motel operator. Mr. Farlatti stated the applicant corporation was the lessee of the pro- perty and owner and operator of the improvements, with Mr. and Mrs. Fred Zelinsky holding fee title to the land. He noted the corporation will acquire additional undeveloped land from the owner in order to supply more parking, and he believed they were supplying five more than required. With the exception of one month, he stated that 60% of his business had arrived by means other than their own automobile. Mr. Ben Farlatti, of the applicant Tiburon Inn Corporation, was recog- nized and stated he had believed all questions raised by the Planning Commission as to landscaping, parking and lighting had been satisfac- torily answered during their public hearing on November 4th. In rebut- tal to some published photographs showing night lighting at the Lodge property in vicinity, he submitted for the record three photographs taken at approximately the same distance. The pictures, along with copy of the EBB TIDE, were accepted for the record by the Chair Fanning stated that since the Lands and Development Committee had not had an opportunity to meet on the matter, he would recommend that it be con- tinued to allow them to study and comment. By bill fl145 of November 19, 1968, the Planning Consultant recommended adoption of Master Plan now before the Council for public hearing, expanding the Tiburon Lodge by 44 units and maintaining the restaurant and offices. The Chair declared the public hearing open. MASTER PLAN APPROVAL Tiburon Lodge, 1651 Tiburon Boulevard VIII Ellinwood noted that once the additional parking lot is open, perhaps parking on both sides of Paradise Drive should be prohibited. It was the sense of the Council that when the matter comes before the Council the agenda bill should be drawn proposing "no parking" on either side of Paradise Drive for the distance between Main and Mar \~Test streets, subject to the recommendations of feasibility made by Staff. MINUTE ORDERS Bill #130, September 16, 1968, now came before the Council carrying the City Engineer's recommendation that "no parking" area be established on the south side of Paradise Drive between Main and Mar West streets. Because this was the area involved in the pending parking lot applica- tion, the Chair directed the matter continued to the next regular meet- ing. RESTRICTION OF PARKING South Side of Paradise Drive VII Fanning added that on the above matter, 'free parking" referred to a parking sticker obtainable when commute tickets for Harbor Ferry service were purchased, such sticker being provided for a small service fee of perhaps 10~ a day. Rice suggested that the document incorporating the findings necessary should include reference to the need to provide for commute passengers. The City Manager stated a resolution would be drafted for presentation at the next meeting RESOLUTIONS recess AYES NOES: ABSENT was taken at COUNCILMEN COUNCILMEN COUNCILMEN 8:55 P Ellinwood None Drohan .M The meeting reconvened at 9 :05 P .M City Council Minutes #156 , -3- Fanning, Rice, Bremer November 25, 1968 Ellinwood stated the element of replacement cost entered into it and that the Fire Department's incomplete report indicated loss to be $65,000--the ~ figure given by the insurance adjusters. She stated sh~ believed more than 50% of the structure had been destroyed, and noted that Assessor's records show the Windjammer Restaurant and No 9 Mr. Allan Thompson, architect with the firm of Mario Gaidano, A.I.A., was recognized representing the applicant. He stated there appeared to be no question that the portion of the burned building lying in the PD zone could be rebuilt, and computing ~~e 40' of the building which extended into the Il-pll zone as a percentage of the entire parcel-- being I to 11 Main Street--indicated the structure was only 26.6% destroyed. He added that although the Assessor lists the property as four lots, Nos. I-II Main street are considered to be one parcel. Fanning indicated, on behalf of the Lands and Development Committee, that unless the matter of intended uses for the buildings was to be discussed, he did not believe it would have to go to Committee. The City Manager stated the matter raised the question of just how strictly use was controlled by the ordinance and noted it was unclear, for example, as to whether a building approved for real estate offices might later be converted to use as an insurance office. MASTER PLAN APPROVAL I-II Main street, Mr Fred Zelinsky, Owner By bill ~144 of November 19, 1968, the Planning Consultant put before the Council for public hearing Master and Precise Plan approval to establish and maintain a restaurant, docks and shops at 1-11 Main street owned by Mr. Fred Zelinsky. The Plans included rebuilding of the burned-out shop and dock at 9 Main street, as well as providing pedes- trian walkway on the Bay side of the properties as shown on the Down- town Plan. The Consultant stated the plans had been approved by the Planning Commission on November 4, 1968, subject to final plans being reviewed by the Board of Design Review before building permit was issued The Consultant noted further that approval of reestablishment of the non-conforming structure at 9 Main street was based on the fact that less than 50% of the entire parcel had been destroyed. The Chair declared the public hearing open. The the Chair then declared the hearing continued and placed the matter in Lands and Development Committee for study and report. Mr. Jerry Coles was recognized, stating he lived on the hill overlook- ing applicant's business, and was the photographer who had taken the published pictures which demonstrated the need to correct the problem of glare of night lighting. The Chair directed Staff to investigate the intensity of highway lighting, especially from the City's entrance at Mar r1est and then along Tiburon Boulevard, to see if some remedy might be found with the Division of Highways. To Fllinwood's questions on ownership, Mr. Farlatti replied the appli- cant holds a land lease; that as money borrowed was secured by the pro- perty, the owner, Mr. Zelinsky, was to that degree a part of the appli- cant corporation. Ellinwood stated it appeared to her that in terms of square footage, a larger percentage of hotel-motel quota would be taken by this application than had been stated. She questioned whether the acquisition of additional land might not be:deemed a subdivision of land. Mr. Farlatti responded there would be no change in ownership. Ellinwood referred to the City Manager's letter to the City Attorney dated November 20, 1968 raising questions of procedure as to hearing on master plans, this being one of the first to come before the City under the new comprehensive zoning ordinance. She asked whether the firm of Hageman, Thomas and Eklund, advising the applicants, qualified as urban planner, and noted there was no professional person present te represent the applicant. She stated she believed a plan of this magni- tude should be presented by such a professional in order to respond to the questions that might be raised. The Chair stated he believed the Planning Consultant or his associate would be present to speak to the matter. He noted the new plan would improve the appearance building, giving hillside residents a view of bay stories of building rather than three stories and parking lot area would be substantially covered; would be provided. He reminded Council that the would bring increased revenue to the City. of the back of windows and two many doors; the and more landscaping additional room tax City Council Minutes Jt156 -4- November 25, the 1968 Question on ~ne Assistant to the City Manager Register of Claims, including the Manager for his attending the League commented that she was not submitting attending this Conference. the motion was called for and unanimously passed replied to Ellinwood's questions on the sums of $150 and $22 paid the City of California Cities Conference. She a claim for the $104 she expended in MOVED by Fanning, accepted seconded by Rice, that Register of Claims No 52 be REGISTER OF CLAIMS #52, MOVED by Rice, seconded by Fanning, unanimously passed. Month of October, 1968 TREASURER, DEPARTMENT that CITY MANAGER - Monthly Cash Flow Statement OF PUBLIC ,^JORKS the above reports be accepted Ellinwood reported on her attendance at both of the above meetings, enumerating some of the topics of special interest to the City. The Chair directed that the report be received. ABAG Meeting, September 27 and LEAGUE OF CALIFORNIA CITIES CONFERENCE, October 14-16 IX The Chair directed the hearing continued, placing the matter with Lands and Development Committee for report at the next meeting. REPORTS the Mr. Wesley i,Tilkes, 1904 Centro West, was recognized and registered his complaint about the noise emanating from the ventilating unit on top of the v'Tindjammer Restaurant. This concern was endorsed also by Mr. Jerry Coles. The Chair suggested that Mr. Thompson pass this comment on to his client; and Mr. Thompson requested that the City contact Mr. Zel- insky directly. Mr. Thompson responded that more space was provided between the Wind- jammer Restaurant and No.9 Main street in the current plan and the new No.9 Main building would be 5' from the property line) which was 4' off the curb. He asked for an early indication from the Committee in order that a building permit might be applied for. Ellinwood asked the Committee to also consider (I) the fact there was no indication on the plans of where the 25 spaces which the Planning Commission required would be located, (2) the precedent that would be set if the 25% deducted by applicant for non-automobile generating activity were permitted to be taken into account in computing square footage for purposes of determining number of parking spaces required; (3) the attractiveness which the setback of the former building provided for Main street, a feature that did not seem to be present in this Plan. Fanning stated he believed the matter should be referred to Committee, although he too was anxious to help the owner alleviate his loss at the earliest possible time, because the plans are not just for rebuild- ing the structure but call for a second story as well Mr. Thompson responded that a survey made October 30, 1962 shows this parcel as one piece of property, not subdivided into lots; that the $65,000 figure of the Fire Department was accurate, but that his client's rebuilding costs did, however, include a second story for the No.9 Main structure. He referred to a letter addressed to the Planning Consultant on October 15, 1968 in which he submitted detail on replacement costs for the properties. Ellinwood stated she had not received copy of this letter. Mr. Thompson added that details of construction would include placing of 33 piles, installation of sprinkler systems of the entire buildings as well as under docks, and providing a waterfront promenade. Mr. Sanders, description owner." on behalf of of "parcel" a the Planning Consultant, cited the ordinances as being "contiguous land held by the same City Ma in street as Council Minutes two :~156 separate properties, -5- separately appraised November 25, 1968 (,~ , 1968 Approved by the City Council on At ll:ll p .M the Chair declared the meeting adjourned XI Absence of Mayor - The Chair reported he will not be present at the regular meeting in December as he will be in New Orleans at a National Conference. ADJOURNMENT December Council Meeting - There being no objection, and if the schedule for the next regular meeting indicates no need, it was the sense of the Council that no meeting will be held on December 23rd, the regular second meeting in December. Marin County Mayors and Councilmen's Organization - Ellinwood expressed her opposition to a proposa7 to create an Executive Committee, with powers now vested in the entire 55-member body of Marin County Mayors and Council- men. The Chair too stated he was adverse to creation of the Board. In a discussion as to whether the City was represented by "representatives" or "delegates I', it was the sense of the Council that those persons served as "delegates II, with full p.ower to express the voice of the City, although recognizing that judgment would be exercised in bringing to the Council those matters the delegate felt should have their consideration before vote Bridge TOll Collection a letter be prepare and Highway District collection system. - At Ellinwood's suggestion, the or his:~ignature commending the Board for instituting the successful If _ At Ellinwood's request, formation e placed on the agenda for the next matter to Public Services Committee, Rice agenda bill for consideration by Council. Marin County Economic Opportunity Council - Fanning suggested that as meet ings of the Council conflict with City meeting dates, that Tiburon be represented by someone other than a Councilman. He stated that when a suitable candidate had been found and appointed, he would reluctantly relinquish his seat on the Council. He suggested that the appointment be made prior to January's weekend training session, conducted for appointees to the Council. The Chair asked that the matter be ~gendized for the next meeting and stated that perhaps some Commission-applicants might be interested and hoped they would apply to him. !~ A YES : NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN x Ellinwood None Drohan QUESTIONS City Council Minutes f!.156 , -6- Fanning, Ric e, Bremer November 25, 1968 Ellinwood referred to her December 6th memorandum expressing her concern about permitting the adjacent lot to be included in the parcel in order to make a determination that less than 50~ destruction had occurred when the building at 7-9 Main street was destroyed by a recent fire. Fanning stated that while the policy statement he felt had been clearly made during zoning ordinance hearings, permitting the rebuilding of Main street properties, to avoid future questions the Committee had BY bill ~144 of November 29, 1968 continued hearing on the above subject Master Plan approval came now before the Council, having been referred to the Lands and Development Committee for report at the opening of public hearing on November 25, 1968. Drohan reported the Committee recommended approval based on (1) maintaining the current front setback, (2) allocating the required parking spaces. The Committee indicated the proposed second story for the building proposed at 7-9 Main street was acceptable; they were pleased with the inclusion of the waterside promenade feature; and suggested that the Planning Commission be assigned the matter of reconsidering the question of the "p" zone boundary along Main street to make a realignment that would recognize existing development. MASTER PLAN APPROVAL FOR 1-11 MAIN STREET Mario Gaidano, agent for OWner, Mr Fred Zelinsky ~esolution No. 227 V Drohan requested that Item 6 be taken off the Consent Calendar; -~irected that the one remaining item would then be taken in its Jrder of business, and there would be no action "on consent". ORDINANCES the Cha ir regular IV The Chair announced that as requested by Ellinwood, #156 would be taken at a later time. . CONSENT CALENDAR .e.YES: COUNCILMEN: Drohan l-JOES: COUNCILMEN: None ~BSTAINING: COUNCILMEN: Ellinwood, ABSENT: COUNCILMEN: Bremer Fanning, Rice approval of Minutes The Chair noted the following corrections to M~nutes #155 of November 13, 1968: Page 2, Appointments to Boards and Commissions, substitute "former" for "resigned" with reference to Mr. Elmo DeMartini; page 3, 3rd line, place period after "Committee", and substitute following therefor: "...as there appeared to be a divergence of opinion on the Council which might be ~ettled by referring the matter to Committee."; page 6" Equipment Acquisi- tion, insert in 3rd line words "a new" for "the used" referring to backhoe ~OVED by Fanning, seconded by Drohan, that Minutes #155 be approved as corrected. Question was called and roll call commenced. Ellinwood stated she had corrections to offer for either Minutes *155 or #156 and had neither in front of her so would abstain. Rice then asked that no action be taken at this time on either set of minutes; motion failed: III PRESENT ABSENT: EX OFFICIO COUNCILMEN COUNCILMEN Drohan, Ellinwood, Fanning, Rice Bremer Lawrence D. Rose, City Manager Richard H. Breiner, Deputy City Attorney Ray W. Foreaker, Jr., City Engineer Louis F. Brunini, Superintendent of Public Wks Phil V. Scott, Development Administrator Russell Melquist, Assistant to City Manager Capt. William Johansen, Police Services APPROVAL OF MINUTES II " The regular meeting of the City Council, City of Tiburon, State of Califor- nia, was called to order by Vice Mayor Branwell D. Fanning in Mayor Bremer's absence at 8:10 P.M., December 9, 1968, City Hall Council Chambers. ROLL CALL I CALL TO ORDER Minutes 11.157 CITY OF TIBURON CITY COUNCIL December 9, 1968 Mr. Fred Zelinsky, owner of the property, was recognized and stated he could not agree as to the condition on parking. In the ensuing discuss- ion, the Deputy City Attorney noted it would be necessary for Council to know the use itended for the second story of the building at 7-9 Main st MOVED by Drohan, seconded by Fanning, that the architect be requested to revise the Master Plan to (1) retain the current front setback measure- ments; (2) that the City Council duly notes this is not considered to be a substantial change requiring resubmission to the Planning Commission; (3) that the City Attorney be directed to prepare an ordinance that would come on simultaneously to the City Council with resubmission of this Plan to Council and (4) Council notes that provision of specific parking spaces for the reconstructed building will be a condition of the building permit which will come before Council as part of the ordinance. Drohan stated that if the owner of the property represented by the pending application agreed to maintain the current ~ront setback, and Council agreed this was not a substantial change, it would not be necessary for the Plan to return to the Planning Commission. The City Manager added, however, that it would still be necessary to go through Precise Plan approval. if The City Manager called Councilfs attention to the need to clarify in tre ordinance definitions of non-conforming structures and non-conforming uses. Ellinwood noted TPAC had also commented on this during zoning ordinance hearings. Rice noted that this ambiguity as to what is a structure should be cleared up and felt the Planning Commission should also consider the requirement that unless it complied entirely with all provisions, including those set for lot and structure, a structure could not be rebuilt. Ellinwood also asked whether the Commission might not consider amendment to define how Hone-half of replacement cost" would be computed. AYES NOES: ABSENT COUNCILMEN COUNC I Lr.1EN COUNCILI~IEN Drohan, None Bremer Ellinwood, Fanning, Rice MOVED by Drohan, seconded by Rice, that Resolution No. 227 be adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON OF ITS INTENTION TO AMEND ORDINANCE NO.9 NS, THE ZONING ORDINANCE, BY MODIFYING THE ZONING MAP SO AS TO REDEFINE THE LOCATION OF THE ZONE BOUNDARY BETWEEN THE "pn AND THE "PD" ZONE; unanimously passed Mr. Milton McDonogh, Main Street property owner, was recognized and asked what provision would be made to permit repairs to foundations or piers that extend into the P zone. The Chair replied amending the ordinance to alter the existing boundary would remedy the problem of non-conforming structures, as now applied to Main street properties Mr. Allan Thompson, architect for the applicant firm of Mario Gaidano, was recognized and agreed with Ellinwood's remarks as to her objection to a~'situation in which a demolished building would have to be referred to as having been less than 50% destroyed to qualify for rebUilding. He added his client had agreed with the four points raised by the Committee in their recommendations. The Deputy City Attorney stated that being non-conforming did not mean a structure could not be rebuilt, but when rebuilt, it must then conform to existing ordinances; thusJ an amendment to the ordinance would be required if it VJ33 intended to rebuild the apartment-use at 7-9 Main street which extended into the P zone and was destroyed in the fire. He offered a draft resolution of intent to amend the zoning ordinance to relocate the dividing boundary, if this was the desire of Council. Mr. Ben Farlatti, Tiburon Peninsula Chamber of Commerce President, was recognized and stated that when this was discussed several months ago it was the opinion of the Council and Staff that buildings along Main Street from the Windjammer to Corinthian Yacht Club could be rebuilt, regardless of whether adjacent parcels were owned. suggested redrawing the PD-P boundary along Main street. Ellinwood noted the Planning Consultant had carefully distinguished between non- conforming structures and non-conforming lots during zoning ordinance hearings; on the basis of what the Council on August 7, 1967 had decided, as well as Planning Commission discussions, she felt there was some reason to dispute the contention that a policy determination had been made for the rebuilding of Main street. City Council Minutes lt157 -2- December 9, 1968 MOVED by Ellinwood, seconded by Drohan, that the City Council finds that Messrs. Zelinsky and Farlatti, and/or Tiburon Inn Corporation, shall The Deputy City Attorney confirmed that a subdivision application must be made and processed in order for the applicant to proceed to lease additional land for parking, as had been proposed. Mr. Jerry Coles, President of the Old Tiburon Neighborhood Association, was recognized and expressed the Association's objections to the feeling of massiveness as viewed overhead and felt a policy decision should be made as to permitting an addition of such a height. He stated he felt the Plan had gone through the Planning Commission rapidly, without oppor- tunity for much examination by the public. Mr. Gary Sanders, on the staff of Planning Associates, was recognized and stated the present structure had been viewed from the hillside with the proposed plan in mind and it was the Consultants' opinion that the treatment proposed was the best that could be offered. Rice stated it appeared continuity of design was preferable to having structures of unrelated design. Ellinwood stressed the need to comply with the sub- division ordinance and questioned the height of the added building. Mr Farlatti replied to the latter that with the ground floor completely covered by trees, only two floors would be visible. Mr. Farlatti urged that the Plan be approved with whatever stipulations would be required in order that construction could begin and the build- ings be ready for occupancy by summer. Drohan replied that as to parking, the Committee was simply asking that the matter be straightened out so it was understood by all as to how many and where parking spaces were assigned. He asked the attorneys to comment on Mr. Farlatti's response as to a letter of agreement rather than a lease being obtained for additional parking space. The Chair reiterated the impo~tance of receiving a parking inventory and commented that the massiveness was apparent from viewing the building from the hillside above. Mr. Ben Farlattl, representing the application, was recognized and in responding to the two major comments as to parking and building design, stated that an audit of Mr. Zelinsky's parking spaces would probably indicate a total requirement of some 400 to 450 whereas 825 were provided, including those at Tiburon Lodge. As for parking on additional land, he stated that rather than lease such land, he could obtain an agreement from the owners that would permit him to use the lot at the rear of the existing "Windjammer" lot. As to building design, he contrasted the present appearance of the Lodge with the proposed facade and noted there would be 33% less "massiveness", additionally; covered parking over 40 automobile spaces would further improve the view from the hills. BY bill #145 of November 27, 1968 continued hearing on Master Plan approval for the subject application came before the Council. The Lands and Development Committee's recommendations, made subsequent to opening hearing on November 25, 1968, were that the terms of the lease of land necessary to provide additional required parking be amplified; that the subdivision processes be followed in adding such land to the proposed Plan; that an inventory of parking spaces be filed with the City by the lessor for all of his downtown property; and that the mass and linearity of the structure was unacceptable and not in keeping with the established character of the City. MASTER PLAN APPROVAL AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN TIBURON LODGE, Drohan, None Bremer 1651 Tiburon Boulevard Ellinwood, Fanning, Rice Question on the motion was called for and unanimously passed in order to determine parking requirements. The City Manager suggested the condition of an occupancy permit to be obtained before occupancy would allow an opportunity to review the applicable parking requirements as uses changed. Ellinwood stated that with the 25 parking places set out as a requirement, she could vote for the motion. The Deputy City Attorney noted that since the Planning Commission's action had not been by resolution, it could not be considered to have passed as to the Precise Plan stage. City Council Minutes ~tf157 -3- December 9 , 1968 Mr. Matthew Weinberg was recognized and stated he was one of the owners of Waterfront Properties; that he was not familiar with the arrangements discussed in this application and therefore could not indicate whether the terms were or were not acceptable to him. However, he expressed no Mr. Jerry Coles was recognized and asked that intensity of lighting be considered as well as a layout revision which would recess the fee- collection station to avoid trafficrongestion at the entrance. The Chmr asked that the Board of Design Review, when the matter was before them as to landscaping and lighting, al~o give consideration to the layout described by Mr. Coles for the fee-collection station. Mr. Milton McDonogh was recognized and expressed the feeling that some similar consideration should be given to Main street shoppers to be of assistance to Main street merchants There was considerable discussion as to a reduced rate for commuter park- ing, it being Council's desire that a nominal sum of $2.50 a month be charged ferry commuters. It was agreed that Section 2(c) of the "Findings should include a final phrase, "under an arrangement to be worked out with the City Manager." " By bill fl43 of November 19, 1968 the matter of application of Waterfrort Properties for a temporary use permit to operate parking facilities in downtown Tiburon came on for continued hearing, having first come before Council on November 25, 1968. The City Attorney's draft of "Findings and Decision" dated December 4, 1968 was before the Council, and the Deputy City Attorney stated he believed the necessary stipulations as to the pending lawsuit could be obtained and the City Manager be instructed to insert the effective date of the permit after stipulations, satisfactory to the City Attorney, had been received. USE PERMIT FOR TEMPORARY PARKING LOT MINUTE ORDERS Paradise Drive at Main street A YES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN VI Drohan, None Breme r Question on the Ellinwood, Fanning, Rice motion as MOTION AMENDED by Ellinwood, seconded by Drohan, that the inventory requirement be eliminated requiring that all of Mr. 7elinsky's parking be set forth, provided that all of the parking to be added under the subject application is newly-developed parking area and not on existing parking areas amended was called for and unanimously passed The City Manager also asked that with respect to supplying an inventory of parking that this be submitted to Staff by the first of January in order to bring the matter on the January 13th agenda. Ellinwood con- firmed this had been her intent. Upon further discussion, the motion was further amended as follows. MOTION AMENDED by Ellinwood, seconded by Drohan, comment, deleting the inappropriate references. to reflect that The City Manager noted that with respect to the first enumerated condition, only Mr. Zelinsky could comply with the requirements Subdivision Map Act of tte first comply with the requirements of both the Subdivision Map Act and the City's Subdivision Ordinance as regards minor subdivisions, since the City Attorney has advised this is necessary, (2) that the questions raised by the Committee relative to aesthetics of the building be conscientiously studied by Messrs. Zelinsky and Farlatti with a view to presenting, even if only informally, some sketches and ideas of what modifications could be made to reduce or eliminate the concern expressed by the Committee and Mr. Coles, (3) that a complete inventory of the parking spaces Mr. Zelinsky has allocated within the City, together with a record of their assignment dating back to the days of County adminis- tration, be submitted to this Council at its first meeting in January with the thought that if adequate parking can be established, subdivision ordinances complied with, and an opportunity provided to look at some other schematics, that Council indicates their desire to approve the proposal at that time. City Council Minutes /'157 .-4- December 9 , 1968 The above two matters, REQUEST TO INSTALL STORM DRAIN ON JUANITA LANE TRANSFER OF COSTS OF REED RANCH STORM DRAIN PROJECT FROM GAS TAX TO GENERAL FUND separately described in agenda bill numbers 146 The Chair requested, and Capt. Johansen confirmed, that courtesy notices be given any vehicle owner who violated the "no parking" area in the first week after posting. The Chair further summarized the sense of the Council that at the first meeting after the opening of the second waterfront parking lot that an agenda bill prepared by the Public Services Committee be presented to eliminate parking on the opposite side of Paradise Drive. AYES NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None Bremer Ellinwood MOVED by Drohan, seconded by Ellinwood, that Resolution No. 228 be adopted, A RESOLUTION OF THE CITY OF TIBURON DEFINING AND ESTABISHING A "NO PARKING" AREA ON THE SOUTHERLY SIDE OF PARADISE DRIVE BETvJEEN MAIN STREET AND ELEPHANT ROCK; unanimously passed: , Fanning , Rice The Chair indicated he favored eliminating parking from the Windjammer Restaurant to the ferry slip and after the use permit was operative for the second parking lot, to consider further elimination of parking from the ferry slip to Elephant Rock. Ellinwood suggested eliminating park- ing on both sides of Paradise Drive when the parking lot was operative. Mr. William Howell, Paradise Drive resident, was recognized and urged that the "no parking" be observed all the way to the Caprice Restaurant noting the area between the ferry slip and that point was not safe for walking. By bill #130 of December 3, 1968 the Staff recommended that Council con- sider establishing a "no parking" area on both sides of Paradise Drive between Main street and Mar West Street. Staff's original recommenda- tion had been to eliminate parking on the southerly, water side of Paradise Drive and in view of the proposed second parking lot operat.~:on and the comments of Council previously, they had expanded their recom-" mendation. Captain Johansen was recognized and stated the "no parking" restriction would be beneficial from the standpoint of pedestrian safety as well as providing better access for emergency vehicles. Some discussion followed on the scope of the area to be posted. ELIMINATION OF PARKING ALONG PARADISE DRIVE Resolution No. 228 AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN VII Drohan None Bremer RESOLUTIONS Ellinwood, MOVED by Drohan, seconded by Rice, that the use permit for this parking lot be approved, provided that the following conditions are met: (1) that there be a clarification to the satisfaction of the City Attorney as to the ownership of the property to the extent that the City would be held harmless from any internal problems within Waterfront Properties (2) that the necessary stipulations from all parties involved regarding the pending lawsuit be received and certification thereto be made by the City Attorney; (3) that approval shall be subject to all of the findings listed on the draft of December4, 1968 entitled "Findings and Decisions, Use Permit No. T-2", with the noted change in Section 2(c) to read: ""lfTeekday parking to be made available for commuters taking the ferry to and from San Francisco, under an a nt to be worked out with the City Manager;" and (4) that the ef e inserted by the City Manager upon certification ; unanimously passed Fanning, Rice ; objection to the parking lot use proposed for the property. Mr. Marshall Walters was then recognized and stated that his group, ~~terfront Properties, did not recognize Mr. \,.Jeinberg's claim as an owner. There was some discussion as to the City's position, in view of the obvious dispute among the parties purporting to have an interest in the applica- tion. City Council Minutes #157 -5- December 9 1968 By report dated December 3, 1968, the Superintendent of Public Works NUISANCE ABATEMENT DRAINAGE AT BLACKIE'S PASTURE Because of the l~~~roess direction of the Chair~ VIII of the hour, directed to REPORTS the above two matters were~ upon be continued to the next meeting. HUMAN RIGHTS COMMISSION MINI-BOARD ECONOMIC OPPORTUNITY COUNCIL BY bill #149 of December 2, 1968 the Parks and Recreation Commission's resolution requesting creation of a special fund to receive private donations for open space~ trails and park purposes came before the Council. Dr. George Ellman, Chairman of that Commission, was recognized and asked Council to set up some way by which individuals could contri- bute funds and/or land to the City to be used exclusively for recreation- al purposes. There being no objection, the Chair directed the City Manager to prepare, with the City Attorney, a resolution that would accomplish this aim and to present it on the next Council agenda. He further asked that any member of the Councilor Commissions express their thoughts on the matter directly to the City Manager. PROPOSAL OF PARKS AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN AND RECREATION COMMISSION TO CREATE OPEN SPACE FUND Drohan, None Bremer Ellinwood, MOVED by Rice, seconded by Ellinwood, that the cost of Project M-69-16, Reed Ranch Road Storm Drain, be charged against the Gas Tax Construction Funds and that the General Fttnd be reimbursed; that the sum of $3,000 be allocated to Project M-6g-l3, Revise Drainage on Juanita Lane, out of the General Fund; and, finally, that the City Engineer, with the Public Services Committee, review the priority list of "betterment projects" and report back to the Council on what if any other work should be done with monies put into the General Fund by reason of this transfer; unanimously passed: Fanning, Rice Rice and reviewed Ellinwood expressed the view Mr. Duane Fetter was reeognized and spoke in favor of the request, noting standing water was curb-high, and over the sidewalk near the theater, with black-topping beginning to crack. The City Engineer noted the improvements would eliminate standing water but not remedy the situation completely as the low buildings would be affected by a combination of heavy rains and high tides. that the entire priority lis t be By bill 1~146, the verbal request of Mr. Duane Fetter and Mr. Fred Mantegani for drainage improvements on Juanita Lane was made. Attached to the bill was a list of the street betterment projects which had been made up by the engineer as to priority but were unfunded. The Juanita Lane project was listed as number three in priority. Drohan noted the amount of $10,325 originally budgeted for Reed Ranch Road drainage about equaled the costs for the first three items on the list. The City Manager noted that the Juanita Lane storm drain expenses could be taken from Contingency, with the anticipation they would be replaced later It was the City Engineer's recommendation, by bill Jt150, that the $9,212.85 expended for Reed Ranch Road storm drain could be allowed as a Gas Tax expenditure and therefore a fund transfer could be made returning this sum to the General Fund. The City Manager noted, howeve~ that a final determination as to whether this would be allowed would not be made until the State's audit and he therefore recommended that reimbursement to the GeBeral Fund be earmarked and held in reserve in the Contingency Fund until the audit confirmed the appropriateness of the charge to Gas Tax Funds. and 150 were discussed together inasmuch as affirmative action on the request to release monies from the Gas Tax Fund for the Reed Ranch Road storm drain project would result in an increase to the General Fund which could make available funds for the requested storm drain project on Juanita Lane City Council Minutes #157 -6- December 9 , 1968 VIC N , 1969 Approved by the City Council on At 12:47 A It was the sense of the Council that no meeting be held date of December 23rd because of the Christmas holidays, would therefore meet again on the next regular meeting, .M , December 10, 1968, the Chair declared the meeting adjourned on the regular and Council January 13, 1969 x Arks - Ellinwood asked if Council might not consider some means by which ~Fred Zelinsky might temporarily store two arks on his property until a permanent placement could be made. She added these arks were of the 1890-era and were of historic value. The City Manager stated Staff had discussed the matter and while a temporary use permit could be issued, Council should be aware of the problems which might exist upon expiration- of such permit if the arks were not permanently placed. Ellinwood sugges- ted a permit terminating July 1st would be appropriate. Drohan stated he'd abstain inasmuch as he was not familiar with. the situation nor had seen the arks. Rice stated he could neither affirm nor disaffirm a suggested arrangement for temporary placement. The Chair stated that hearing no objection, he would direct the City Manager to work out a temporary use permit to allow storage of the two unoccupied arks ADJOURNMENT Mayor's Expenses for New Orleans Trip Ellinwood raised the question whether sufficient funds were budgete to cover the expenses of the Mayor for the trip he was now making to New Orleans to attend a National League of Cities meeting. The Chair suggested discussion be postponed until the Mayor's return and submission of whatever vouchers was made. AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN IX Drohan, None Breme r QUESTIONS Ellinwood, MOVED by Rice, seconded by Drohan, that the month of November, 1968 be accepted Fanning, Register of Claims No unanimously passed: Rice 53 for REGISTER OF CLAIMS November There being no objection, TREASURER, CITY MANAGER - Monthly Cash Flo~f DEVELOPMENT ADMINISTRATOR - November the Chair accepted the above two reports AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None Bremer Statement, November MOVED by Drohan, seconded by subject abatement be tabled; J,.;., Ellinwood, o Rice, that further proceedings in unanimously passed Fanning, Rice the reported that the subject drainage nuisance on Connell property in Blackie's Pasture had been abated and no further action would be required on the proceeding commen~ed through Council's adoption of Resolution No. 226 for abatement City Council Minutes #157 -7- December 9 , 1968