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Home My WebLink AboutTC Min 1966 - 1967 (July thru January) Minutes #87 CITY COUNCIL 11 July 1966 CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council of the City of Tiburon, State of California, was called to order by Mayor John S. Hoffmire, Jr., at 8:10 p.m at the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Hoffmire Drohan Bremer Fanning Strawbridge ABSENT: COUNCILMEN: None EX OFFICIO: L. D. Rose, City Manager-City Clerk Ray w. Foreaker, Jr., City Engineer Robert I. Conn, City Attorney Richard Breiner, Assistant City Attorney Phil Scott, Development Administrator III. APPROVAL OF MINUTES Motion of Strawbridge, seconded by Fanning, to approve Minutes #85 of 27 June 1966 carried unanimously. ORDINANCES EXTENDED DEFINITION OF INSTRUMENTS AND LOUD NOISE Second Reading and Adoption Ordinance 60 An Ordinance entitled EXTENDED DEFINITION OF INSTRUMENTS AND LOUD NOISE, having passed first reading at the meeting of 27 June 1966 came on for second reading and adoption. Motion of Fanning, seconded by Drohan, to read the ordinance by title only, carried: AYES COUNCILMEN: Hoffmire, Drohan, Bremer, Fanning, Strawbridge NOES COUNCILMEN: None ABSENT COUNCILMEN: None The ordinance was so read. Motion by Bremer, seconded by Fanning, to adopt Ordinance 60 carried AYES COUNCILMEN: Hoffmire, Drohan, Bremer, Fanning, Strawbridge NOES COUNCIlMEN: None ABSENT COUNCILMEN: None ABSENT NOES COUNCILMEN COUNCILMEN COUNCILMEN None None AYES Hoffmire, Motion by Strawbridge, seconded by Bremer, to the Bagley Bill, adding Chapter 2.l to Part 2, of the Government Code, carried: Drohan, Bremer, Fanning, support in principle Division 2, Title 3 Strawbridge Mayor Hof~ire reviewed Agenda Bill dated 7 July 1966 relating to costs for county services and exemption of city residents from certain county tax levies, the bill to be introduced at the next legislative session by Assemblyman Bagley EXEMPTION CITY RESIDENTS FROM COUNTY SERVICE TAX MINUTE ORDERS It was the sense of the Council that the Planning Commission be asked to apply the same points of consideration to the proposed Board of Design Review. Previous With permission of the seconder, Drohan withdrew the motion to accept and instead moved, seconded by Fanning, to refer the ordinance to the Planning Commission for study and recommendations and particular com- ment on the points raised in the discussion: appeals to the Planning Commission might disqualify those commissioners who sat on the hearing board; the applicant would risk a more prejudiced hearing before a commission composed in part of Board members; appeals to the Commission with the opportunity for further appeal to the Council would extend in time the administrative procedure, but might discourage an applicant who persists in appealing; are use permits generally of such grave conse- quence that an affirmative vote of three should be required. question being called for motion carried unanimously Discussion followed on the merits of taking appeals from the Boards to the Planning Commission; and upon the present requirements of the Planning Commission that a unanimous vote of the Board would be necessary for the issuance of use permits. It was generally the opinion of the staff that appeals should be taken to the City Council It was the sense of some members of the City Council that appeals should be taken first to the Planning Commission It was moved by Drohan and seconded by Fanning that the ordinance be accepted as having passed first reading, provided that it be amended so that appeals from the discussion of the Board be taken to the Planning Commission instead of the City Council. An ordinance entitled the ESTABLISHMENT OF BOARD OF ADJUSTMENTS AND BOARD OF DESIGN REVIEW was introduced by the Chair on behalf of the Lands and Development Committee, and was read in full. BOARD OF ADJUSTMENTS & BOARD Introduction Minutes #87 City Council OF DESIGN REVIEW 2 11 July 1966 /' struction of view - Drohan put the question of number of growing complaints on obstruction of views as result of tree growth. City Attorney was asked to draft a suitable ordinance on control of tree growth for presentation to the Committee on Lands and Development. Parks & Recreati.on'. Ordinance and Recreation ordinance. ready for the next meeting Drohan put the question of the progress on Parks City Manager advised that the ordinance would be Waterfront - Drohan and Fanning are at work on sub-committee report they have received on waterfront; will have final report by September. Budget - have Committee on Administration and Finance has reviewed budget, report at next City Council meeting. will QUESTIONS Prince Charlie Inn - Mrs. Mary Price, 1771 Mar West, reported that the noise Saturday, 9 July 1966, emanating from Prince Charlie Inn was as bad as ever. She has contacted various city and county officials about this problem, and would like some assurance the situation was under control Mayor Hoffmire advised her that the Council is working on the problem and should have a solution within 30 days. ABSENT AYES NOES COUNCILMEN COUNCILMEN COUNCILMEN None None Hoffmire, Motion of Strawbridge, seconded by Breme~ that the City Manager be authorized to proceed according to the Bill carried. Drohan, :Bremer, Fanning, Strawbridge Mayor Hoffmire introduced an Agenda Bill dated 7 July 1966 to the effect that the actuarial valuation by the State Employees Retirement System shows an annual cost to Tiburon of $2564 per year, more or less, and recommending that the City Manager select the "1/6oth at 60" formula; provide for liquidation of prior service costs over a period of 20 years; and set the first meeting in September for consideration of a resolution on intention to join the System. STATE EMPLOYEES RETIREMENT SYSTEM - ACTUARIAL SURVEY ABSENT NOES COUNCILMEN COUNCILMEN COUNCILMEN None None AYES Hoffmire, Strawbridge reviewed the action of the City Council on 25 April 1966 authorizing the City Manager to invite a bid from Mr. James B. Atkin for purchase of land between Assessor's Parcels 59 and 60 in Book 60, page 10. Mr. Atkin has made an offer for a nominal sum of $10. Motion of Fanning, seconded by Drohan, to approve recommendations of City Manager in Agenda Bill dated 7 July 1966, rejecting the figure of $10 and instructing City Manager to negotiate a more realistic figure; also to have covenant drawn combining the two lots into one legal building lot, carried: Drohan, Bremer, Fanning, Strawbridge SALE OF CITY EASEMENT CORINTHIAN ISLAND Minutes #87 City Council 3 11 July 1966 Minutes #87 City Council 4 11 July 1966 Signs on Tiburon Blvd - Fanning put the question of lack of uniformity in speed limit signs on Tiburon Blvd. near Reed Ranch Road; City Manager advised that he will call this to attention of Division of Highways. Annexation - To underline importance of annexation, Fanning pointed out young men in his area recently were hunting, and firing guns from county property, at targets on city land. TV cables - Bremer put question of progress on ordinance on TV cables. The City Manager advised that this ordinance will be read at 25 July meeting. Real Estate signs - Mayor Hoffmire put the question of the status of an ordinance restricting real estate signs. City Manager advised this ordinance will be considered by Planning Commission next week. City Attorney asked also to research statutes for possible limitations on sale signs posted by individuals. Limitation on Tenancy in Motels _ City Manager apprised the Council of the situation in Corte Madera where, lacking an ordinance limiting length of stay in motels, a motel has become a residential apartment house. Council agreed with the need to consider such an ordinance in Tiburon, and requested the City Manager to refer a draft ordinance to the Committee on Lands and Development. Hotel-Motel Tax Revenue County/Tiburon - The City Manager raised the question of the proposal of Marin County Resolution No. 8987 that cities should contribute to a county promotional fund the revenues from local transient taxes. Motion by Strawbridge, seconded by Fanning that the revenue from the Tiburon Hotel-Motel tax be retained by the City of Tiburon, rather than contributed, either in whole or in part, to the county-wide tourism pool. Motion carried AYES: COUNCILMEN: Bremer, Drohan, Fanning, Strawbridge, Hoffmire NOES: COUNCIlMEN: None ABSENT: COUNCILMEN: None Mrs. Agnes Kircher - CIty Manager was requested to write letter of appreciation to Mrs. Kircher for donating the coffee urn in the City Council chambers. Marin County Board of Supervisors - City Manager was requested to express the City Council's appreciation of that Board's lowering of City of Tiburon's contract administrative costs in the County Services Master Agreement from 5% to 2-1/2%. City Manager Lawrence Rose - was rendered a vote of thanks by the City Council for his fruitful discussions with the Marin County Board of Supervisors. REPORTS TIBURON POLICE & SHERIFF STATION - May and June reports MOtion by Strawbridge, seconded by Bremer, that May and June Tiburon Police and Sheriff's reports be placed on file, carried unanimously. ADJOURNMENT Motion by Bremer, seconded by Fanning, to adjourn at lO:20 p.rn carried unanimously Approved by the Council on 1966 Minute s #88 CITY COUNCIL 25 July 1966 CITY OF TIBURON I. CALL TO ORDER The regular meetir..g of the City Council of the City of Tiburon, State of Califor~ia, was called to order by ~~yor John S. HOffmire, Jr., at 8:15 P.M. at the City H~ll Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Hoffmire, Drohan, Fanning, Strawbridge ABSENT: COUNCILMEN: Bremer EX-OFFICIO: L. D. Rose, City Manager-City Clerk Ray W. Foreaker, Jr., City Engineer Robert I. Conn, City Attorney Richard Breiner, Deputy City Attorney Samuel Shapero, City Treasurer Phil Scott, Development Administrator III. APPROVAL OF MINUTES l.:otion of Strawbridge, seconded by Drohan, to approve Minutes #87 of July 11 1966, carried unanimously. ORDINANCES EXTENSION OF INTERIM ZONING ORDINANCE Reset Public Hearing An Ordinance entitled EXTENSION OF INTERIM ZONING ORDINANCE NO. 22 having been ordered by City Council on 23 May 1966, now came before the Council to reset the public hearing from 25 July 1966. Motion of Strawbridge, seconded by Fanning, to adopt the recommenda- tions of the City Attorney that (a) the public hearing on the ordinance extending effect of Ordinance No. 22 for one year beyond 14 September 1966 be reset for 8 August 1966; (b) that notice of said public hearing be published on 27 July 1966; (c) that ordinance be given first reading at public hearing on 8 August 1966; and (d) that meeting of 8 August be adjourned to either 13 August or l5 August for second reading and adoption, carried: AYES: COUNCILMEN: Hoffmire, Drohan, Fanning, Strawbridge NOES: COUNCILMEN: None ABSENT : COUNCILMEN: Bremer POLICY FOR DEVELOPMENT OF SYSTEM OF STREETS AND ROADS A resolution, drafted by the City Engineer, to adopt a policy for the development of a system of streets and roads, requested by the City Council at their 20 June 1966 meeting, was read. Motion by Strawbridge, seconded by Drohan, to refer the resolution back to the Public Services Committee for redrafting, carried: AYES: COUNCILMEN Hoffmire, Drohan, Fanning, Strawbridge NOES: COUNCILMEN None ABSENT COUNCILMEN Bremer ABSENT NOES COUNCIIMEN COUNCILMEN COUNCILMEN Bremer None AYES Motion by Strawbridge, seconded by Drohan, to accept the Drainage Study report, and to defer action until after further study, carried: Hoffmire, Drohan, Fanning, Strawbridge The City Engineer and the City Manager were directed, in as short a period as possible, to have discussions in cooperation with the Con- sultants and all interested parties, in preparation for a subsequent full work session with the City Council. George Drejes, Tiburon Fire Protection District, was recognized and requested wider distribution of the report; he asked if the cooperation of the Department of Highways had been enlisted. City Engineer explained that the Drainage Study is a general plan, not a precise engineering plan such as will be undertaken in each area when the cooperation of all appro- priate state and county departments will be called for, as well as refer- ral to the General and Downtown Sketch Plans. Mayor Hoffmire presented the DOWNTOWN TIBURON WATERSHED DRAINAGE STUDY, JULY, 1966, and introduced C. F. Grigg, Chief Engineer of the firm, who indicated the study analyzes some twenty different methods of handling the storm drainage and the costings for each method. Mr. Grigg stated his firm's desire to participate in further discussions on the report. PRESENTATION OF DRAINAGE STUDY McCreary-Koretsky-Engineers AYES NOES ABSENT COUNCILMEN COUNCILMEN COUNCILMEN MINUTE ORDERS Bremer None Hoffmire Motion of Strawbridge, seconded by Fanning, that the City Attorney be asked to cast the resolution in ordinance form for subsequent enactment, carried Drohan, Fanning, Strawbridge ABSENT NOES COUNCILMEN COUNCILMEN COUNCILMEN Bremer None AYES Motion of StraWbridge, adopted, carried: Hoffmire, Drohan, Fanning, strawbridge seconded by Fanning, It was agreed that the Commission should be composed of seven members two members to serve for one year, two members to serve for two years, two members for three years, and one member for four years, and that upon the passage of this resolution, the Commission would begin functioning that Resolution No. l16 be RESOLUTION OF CITY OF TIBURON ESTABLISHING A PARKS AND RECREATION COMMISSION AND SETTING FORTH ITS DUTIES AND AUTHORITY was read by Mayor Hoffmire ESTABLISHMENT OF PARKS AND RECREATION COMMISSION Resolution No. 116 Minutes #88 City Council 2 25 July 1966 Minutes #88 City Council 3 25 July 1966 ANNUAL MUNICIPAL BUDGET FISCAL YEAR 1966-1967 The Preliminary Annual Budget for the fiscal year 1966-67, introduced by the Committee on Finance and Administration, was presented to the Council for adoption. It was moved by Strawbridge, and seconded by Fanning, to adopt the preliminary budget as presented. Mayor Hoffmire reviewed Tiburon's budgets todate: the first year was a minimum budget, based on no property tax income; the second year provided for a tax rate of 19~, but with very limited services; this year's budget provides for a minimum of needed community services, but with a tax rate still below that of other cities in Marin County, and represents a compromise between improving the level of community services without excessively increasing the tax rate. Drohan questioned the advisability of exhausting the City's cash reserves. The City Manager pointed out the budget contains outlays for some non-recurring items. This budget has its major emphasis on Police, Public Works, and the retention of the services of a City Engineer and a Staff Planning Consultant. Mr. Arthur Gensler, 528 Virginia, was recognized and indicated his interest was in the quality of services to be provided, and not necessarily whether or not the Tiburon tax rate was the lowest in the county. Question was called for on the motion to approve the preliminary budget and that the City Attorney be instructed to draw a resolution of adoption for action at the 8 August 1966 meeting. AYES: COUNCIlMEN: Hoff.mire, Drohan, Fanning, Strawbridge NOES: COUNCILMEN: None ABSENT : COUNCILMEN: Bremer Motion by Strawbridge, seconded by Drohan, that the City Attorney be instructed to prepare a resolution setting the tax rate at 54~ on each $100.00 of assessed valuation for the fiscal year 1966-67 for adoption at the meeting of 22 August 1966, carried: AYES: COUNCILMEN: Hoffmire, Drohan, Fanning, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Bremer AMENDMENT OF MASTER SERVICES AGREEMENT-COUNTY OF MARIN Mayor Hoff.mire introduced, for approval of execution, the amended County Master Services Agreement, which extends to 30 June 1969 police services provided by the Sheriff's Department, and optional availability of County personnel and equipment for street work to 30 June 1967. Motion by Strawbridge, seconded by Fanning, that the Mayor be authorized to execute the agreement already approved by the County Board of Super- visors, carried: AYES: COUNCILMEN Hoffmire, Drohan, Fanning, Strawbridge NOES: COUNCILMEN None ABSENT COUNCILMEN Bremer ABSENT NOES COUNCILMEN COUNCILMEN COUNCILMEN Bremer None Strawbridge AYES Motion by Fanning, seconded by Drohan, to refer the matter of policy on Hilary Drive to the Public Services Committee for review with the City Engineer, and possibly the City Attorney, carried Hoffinire Drohan, Fanning Strawbridge requested his opposition to Hilary Drive being a closed street be recorded. Upon referral from the City Engineer and the Development Administrator, the agenda bill dated l5 July 1966 was read, which requested the Council to issue a statement of policy of granting property owners encroachment permits to construct private driveways in the unimproved portion of Hilary Drive. The City Engineer reported receipt of a letter dated 25 July asking the Council to reconsider its decision not to open the street through, and setting forth the reasons therefore. REQUEST FOR POLICY ON HILARY DRIVE ABSENT AYES NOES COUNCILMEN COUNCILMEN COUNCIIMEN Bremer None Hoffmire, Question on the previous motion to refer the Downtown Sketch study to the Lands and Development Committee was called for, Drohan, Fanning, Strawbridge Plan and carried William Rafter, real estate developer, of an economic feasibility study. also Art Gensler expressed his professional respect as an architect for the work of Callister & Payne; stated he favored the economic feasibility study recommended by the Planning Commission as the best way to make an intelligent evaluation. stressed the importance Mr. Nathan Weinberg, owners, indicated his attorney for some of the waterfront property desire to meet with the sub-committee. Mayor Hoffmire commented that during the next six-week period, the and Development Committee will be announcing hearings on the Plan, will be inviting participation of all interested parties Lands and Rampton Harvey, 173 Stewart, urged solicitation of greater citizen participation in the public hearings on the Downtown Sketch Plan. StraWbridge raised questions as to what the Plan proposes for the waterfront area. It was moved by Drohan and seconded by Fanning that the Downtown Sketch Plan be referred to the Lands and Development Committee for discussion, and report back to City Council within six weeks By their Resolution No. 11 of 27 June 1966 the Planning Commission approved the Downtown Sketch Plan prepared by Callister & Payne, and Stephen Nash, Chairman of the Planning Commission, at this time pre- sented the Sketch Plan to the City Council, with a letter of transmittal DOWNTO~1N SKETCH PLAN Planning Commission Minute s #88 City Council 4 25 July 1966 ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Bremer NOES Hoffmire Fanning Strawbridge AYES Motion by Fanning, seconded by Strawbridge, to direct the City Attorney to prepare a request for a postponement to be presented by the City Manager or his nominee at the hearing, either in person or by letter; such postponement to allow the Council more time to look at the matter and to study its economic impact on Tib~~Qn, carried Drohan, The City Manager, in answer to a question from the Chair on tax revenue to be derived from railroad properties, responded that operating lands were assessed by the State Board of Equalization on a basis of 35% to 45% of fair market value and on a basis of 25% of fair market value for non-operating lands, and that upon abandonment of the rail line, these lands would be reclassified as non-operating and so remain until ownership of the property was transferred from the railroad. In answer to questions put by Drohan, Mr. Olson stated that the railroad can make no general plan for the area until the abandonment is approved; that there are no options on the property, although several parties are interested in development plans; that whoever takes over the property will be responsible for making their plans conform to the guidelines of the Downtown Sketch Plan and the Master Sketch Plan; that reversionary rights are now being checked out. ~ndonment NWP Line ~ st ICC hearin - William Rafter, representing the Tiburon Chamber of Commerce, requested the City Council to send a representative to the 1 August ICC hearing on the abandonment of the NV~ line (through Tiburon to Meadowsweet). Mr. Carl Olson, representing the NV~, requested that a City Council representative appear at the ICe hearing to speak in support of the abandonment. Upon questioning, Mr. Olson stated that NV~ can make no commitments on the future development of the land until the abandonment of the service is approved. Hotel Construction - Fanning put the question as to authenticity of report of construction of a new hotel in Tiburon. The City Manager replied that the construction reported was in all probability the addition underway to the Belvedere post office, and nearby apartment house QUESTIONS NOES ABSENT COUNCIlMEN COUNCILMEN None Bremer Strawbridge AYES Motion by Strawbridge, seconded by Drohan, to authorize acceptance of the improvements and cancellations of the performance bond, and that the City Engineer be authorized to so advise the Marin County Director of Public Works, carried COUNCILMEN Hoffmire, Drohan, Fanning Agenda bill dated 15 July 1966 on acceptance of public improvements Marinero Residence One, Unit Two, was read by the Mayor. ACCEPTANCE OF PUBLIC IMPROVEMENTS MARINERO RESIDENCE ONE, UNITY TWO Minutes #88 City Council 5 25 July 1966 Minutes #88 City Council 6 25 July 1966 REPORTS COORDINATION WITH PACIFIC TELEPHONE AND PG&E - UNDERGROUND UTILITIES Agenda Bill dated 15 July 1966 was read by Mayor HOffmire, and the Council took note that, in compliance with the City Council directions of 20 June 1966, the City Engineer met with Pacific Telephone and PG&E for the purpose of securing assurances that the City will be advised in advance of any major or special construction work to be undertaken by these companies; and also for the purpose of obtaining information on those companies' plans for underground facilities. TREASURER, CITY MANAGER Annual Financial Statements Financial Report, June 1966 The reports were submitted for the consideration of the Council, and the Chair directed that this matter be held over until the next meeting. SUPERINTENDENT OF MAINTENANCE May, June 1966 reports The Chair directed the Council to take note of the reports and place on file. ZONE CHANGE #60002 Wilson et al - To rezone from RI-B4 to Rl-B3 The Chair directed the Council to take note of Agenda Bill dated 20 July 1966 to effect that the Planning Commission on 18 July 1966 rejected the petition of Wilson et al xo rezone the property in question from RI-B4 to RI-B3. ADJOURNMENT Motion by Strawbridge, seconded by Fanning, to adjourn at 11:32 P.M carried Approved by the Council on 196 Minute s #89 CITY COUNCIL 8 August 1966 CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council of the City of Tiburon, State of California, was called to order by Mayor John S. Hoffmire, Jr., at 8:10 p.m at the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Hoffmire, Bremer, Drohan, Strawbridge ABSENT: COUNCILMEN: Fanning (present at 8:20 p.m.) EX-OFFICIO: L. D. Rose, City Manager-City Clerk Ray W. Foreaker, Jr., City Engineer Phil Scott, Development Administrator Robert I. Conn, City Attorney Richard Breiner, Deputy City Attorney III. APPROVAL OF MINUTES Motion of Strawbridge, seconded by Drohan, to approve Minutes #88 of 25 July 1966, carried unanimously. ORDINANCES EXTENSION OF INTERIM ZONING Urgency Ordinance No. 61 Public hearing having been reset to this date from the 25 July 1966 City Council meeting, the Mayor called for first reading on the Extension of Interim Zoning Ordinance No. 22 for one year from 14 September 1966. The City Attorney urged the adoption of an urgency ordinance to allow the City the necessary additional time for study and preparation of the permanent zoning ordinances and regulations; urgency ordinance would take effect immediately upon passage as permitted in Section 36937 of the Government Code. Motion by Strawbridge, seconded by Fanning, that Ordinance No. 61, AN URGENCY INTERIM ORDINANCE OF THE CITY OF TIBURON EXTENDING ORDINANCE NO. 22, AS AMENDED BY ORDINANCE NO. 40, be read in full, carried. Ordinance No. 61 was read in full. Motion by Drohan, seconded by Bremer, to adopt Ordinance No. 61, carried AYES: COUNCILMEN: Hoffmire, Bremer, Drohan, Fanning, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ESTABLISHMENT OF BOARD OF ADJUSTMENTS Introduction and First Reading Upon referral from the 11 July 1966 City Council meeting, the Planning Commission on 1 August 1966 reviewed the above named ordinance with respect to its appeals procedure, and now refers back the proposed ordinance to the City Council with a recommendation for adoption. Motion by Drohan, seconded by Fanning, to read the ordinance by title only, carried: AYES: COUNCILMEN Hoffmire Bremer, Drohan, Fanning Strawbridge NOES: COUNCIIMEN None ABSENT COUNCIlMEN None Minute s #89 City Council - 2 8 August 1966 ~otion by Drohan, seconded by Fanning to adopt ORDINANCE ESTABLISHING BOARD OF ADJUSTMENTS, carried: AYES: COUNCILMEN: Hoffmire, Bremer, Drohan, Fanning, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTIONS Mayor Hoffmire ordered the suspension of the regular order of business to introduce arresolution not on the agenda: RESOLUTION TO FILE ACCUSATION WITH DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Eric Hodgman, dba Prince Charlie Inn Resolution No. 117 The statement of the matter was presented by the City Attorney to the effect that the Department of Alcoholic Beverage Control has filed an Accusation against Eric Hodgman, dba Prince Charlie Inn, for revocation of his liquor license, and a hearing has been set for 16 August 1966. Further, the recent shooting of a deputy sheriff, the selling of liquor to a minor, and the continued excessive noise, are grounds for an accusation to be filed by the City of Tiburon with the Board of Alcoholic Beverage Control. Following reading of the resolution, motion by Strawbridge, seconded by Bremer, to adopt the resolution filing an Accusation with the Department of Alcoholic Beverage Control in the matter of the continuance of the liquor license for Eric Hodgman, carried: AYES: COUNCILMEN: Hoffmire, Bremer, Drohan, Fanning, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ADOPTING A MUNICIPAL BUDGET FOR FISCAL YEAR 1966-1967 Resolution No. 118 It was moved by Bremer and seconded by Fanning, to adopt Resolution No. 118, ADOPTION OF A MUNICIPAL BUDGET FOR FISCAL YEAR 1966-1967. Strawbridge and Drohan expressed their concern that more discussion should be held before adoption is called for; and also that consideration should be given to increasing the tax rate to provide for a more adequate contingency fund. Mayor Hoffmire reported that the original target had been in the neighborhood of 40~ per $100, and that the 5~ figure represented thee soundest figure obtainable. Rampton Harvey, Tiburon Peninsula Advisory Committee, was recognized and spoke in favor of adequate services in the public works department. Fred Hannahs, 440 Ridge Road, was recognized, and put the question as to the ratio of the City's public works expenditures to that of the County's. Anne Ellinwood, 1810 Mountain View Drive, was recognized, and urged the Council to hold more public discussion on the budget; she also expressed doubt as to whether even the proposed 54~ was adequate to provide for proper municipal services ABSENT COUNCILMEN None NOES COUNCILMEN None AYES Minute bill dated 3 August 1966 was introduced by the Land and Development Committee, and motion by Drohan, seconded by Fanning that Parcels 59-071-19, 20,23, 1851 Centro 'West, be rezoned from R-2 to RP-2, and an ordinance be prepared, carried: COUNCILMEN Hoffmire, Bremer, Drohan, Fa.nning, Strawbridge REZONING Philippe Mutrux/ Tiburon City Council MINUTE ORDERS Mayor Hoffmire stated that the City Attorney will b~ directed to prepare a resolution for introduction at the next Council meeting setting the tax rate for 1966-1967. ABSENT NOES COUNCILMEN COUNCILMEN COUNCILMEN None None AYES Mayor Hoffmire called for adopt Resolution No. 1l8, Hoffmire, the question on the main motion as amended, to ANNUAL MUNICIPAL BUDGET FISCAL YEAR 1966-1967. Bremer, Drohan, Fanning, Strawbridge Motion by Strawbri.dge, seconde. d by Fanning, to amend the main motion J~~~~ b,Y..po,stponing adoption of the budget for two weeks, fa.llcJ.o Z ~ ;------ V - ~e~ ~~ S"j,;}.o/"6 Il AYES: COUNCILMEN None COUNCILMEN UNCILMEN ABSENT CO None NOES Hof~ire, Bremer, Drohan, Fanning, Strawbridge ABSENT COUNCILMEN COUNCILMEN COUNCILMEN None NOES Hoffmire AYES Following further discussion on the need for a more adequate contingency fund, motion by Strawbridge, seconded by Drohan, to amend the main motion, to add 6~ to the 54~ per $100 tax rate for such purpose, carried: Bremer, Drohan, Fanning, Strawbridge Mrs. George Berticevich, 1785 Vistazo West, was recognized, who stated the concern of the Parks and Recreation Commission that budgets should provide for acquisition of lands for parks and recreation. Mrs. Jacqueline Parnell, 8 Filipe Court, was recognized, and recommended more public discussion on the budget, adequate provision for planning; for trails, parks and recreation facilities, for a philosophical approach to the City's needs. Minute s #89 City Council 3 8 August 1966 Minute s #89 City Council 4 8 August 1966 USE PERMIT Philippe Mutrux l851 Centro West Motion by Fanning, seconded by Drohan, to approve the granting of a use permit for master plan for eight-duplex development of P. Mutrux I at 1851 Centro West, carried: AYES: COUNC IUvIEN : Hoffmire, Bremer, Drohan, Fanning, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None APPLICATION FOR ABANDONMENT NORTHWESTERN PACIFIC RAILROAD - ICC hearing 1 August 1966 City Manager reported on his appearance before the ICC hearing on 2 August 1966~ as directed by the City Council, to submit the City of Tiburon's petition that the hearing be continued; and of the denial of that petition by the ICC. It was his opinion that the line will be abandoned in Tiburon on the opening of the Puerto Suello tunnel, but matters of serious concern to Tiburon are first, whether to protest the failure of the ICC to give notice of the hearing to the City; and the question as to what will be the condition of the facilities at the time of their abandonment and reversion. It was the sense of the Council to place the matter of abandonment and the question of the reversionary rights and title problems on the suspense calendar. Motion by Strawbridge, seconded by Drohan, that the City Attorney be directed to write to the City of Tiburon's representatives in Congress protesting the failure to give notice of the hearing to Tiburon, carried unanimously. LANDSCAPING OF TIBURON BLVD- LYFORD DRIVE TO SAN RAFAEL AVE Lands and Development Committee Drohan reported the Lands and Development Committee has under considera- tion the request of Mrs. Samuel J. Mann and Mrs. George K. Whitney for the City to undertake a beautification project, in conjunction with the City of Belvedere, for certain lands on the southwest side of Tiburon Blvd., between Lyford Drive and San Rafael Ave. Mrs. Mann was recognized, and introduced Mr. Sidney M. Lewin, landscape architect, who presented a sketch plan of the proposed area to the Council. He estimated the initial cost to be $15,700 for grading, asphalt paving, and that the total figure upon completion would run about $54,000, to be shared with the City of Belvedere on a proportionate basis. Mrs. Mann reported that Belvedere has budgeted for this project she further stated it is her understanding Federal funds are available, up to 50%, upon approval of application. Motion by Drohan, seconded by Fanning, to refer the landscaping project of Tiburon Blvd. from Lyford Drive to San Rafael Ave., to the Parks and Recreation Commission, and then to the Committee on Administration and Finance, carried: AYES: COUNCILMEN Hoffmire Bremer, Drohan, Fanning, Strawbridge NOES: COUNCILMEN None ABSENT COUNCILMEN None Minutes #89 City Council 5 8 August 1966 REQUEST FOR POLICY ON HILARY DRIVE Encrcachment Permits Statement of matter was introduced by the Public Services Committee to effect City Engineer is requesting policy advice whether encroach- ment permits may be granted to private citizens ~or construction of private driveways on Hilary Drive. City Engineer stated there will be no danger of people using Hilary Drive as a through street if the encroachment permits are granted. Motion by Drohan, seconded by Fanning, to approve the granting of the encroachment permits to the property owners for driveways on Hilary Drive, carried: AYES: COUNCILMEN: Hoffmire, Bremer, Drohan, Fanning, Strawbridge NOES: COUNCILMEN: None ABSENT : COUNCILMEN: None INCLUSION IN COUNTY DISASTER AND CIVIL DEFENSE PROGRAM Public Services Committee It was moved by Bremer and seconded by Fanning that an ordinance be drawn for Tiburon's nominal participation in the County Disaster and Civil Defense program. Strawbridge and Drohan voiced their approval of the program to the extent that tangible benefits would accrue to the City of Tiburon; but registered their lack of sympathy with many of the program's aspects. Motion carried. QUESTIONS Gun display-Angel Island - Mayor Hoffmire reported he is in correspondence with the Division of Beaches and Parks, and the State Historical Department, to secure a 15-inch gun from the Philippines, for display on Angel Island. Downtown Sketch Plan - Drohan reported Lands and Development Committee is seeking widespread discussion on the Downtown Sketch Plan. Parks and Recreation Commission has indicated plans to review the Sketch Plan; and the Tiburon Peninsula Advisory Committee is holding a Sketch Plan meeting on 8 September 1966. REPORTS REGISTER OF CLAIMS NO. 24 Motion by Strawbridge seconded by Hoffmire, to approve Register of Claims No 24, carried: AYES: COUNCILMEN Hoffmire Bremer, Drohan Fanning, Strawbridge NOES: COUNCILMEN None J\BSENT COUNCILMEN None Minute s #89 City Council 6 8 August 1966 TREASURER-CITY MANAGER Annual Financial Statement The annual financial statement for 1965-l966 was presented. ~~,' ,; " (j, Motion by Strawbridge, seconded by Drohan,to adopt a policy ~).I for an annual audit by an independent auditor, to be )inducted, , not later~~~e month of ~be~,and to accept the nnual j~~ Report,~arrie : ~ ~ r~~/"6r..", AYES: COUNCILMEN: Hoffmire, Bremer, Drohan, Fanning, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None UNITED NATIONS DAY Observation Mayor Hoffmire reported the receipt of a letter from Edgar Kaiser, United Nations Day Committee, requesting that the City of Tiburon give special recognition to UN Day. The Council took no action. ADJOURNMENT Meeting was adjourned at 11:20 p.m. l._.:J I I .~ "- Approved by the Council on V Motion of Fannin3 only,carricd seconded An Ordinance entitled AN onDINA~CE OF THE CITY A BOARD OF ADJUST~iENTS AnD DEFINING ITS reading by title only at the meeting of fer second reading and adoption by ~~oh2n to read the ordinance by title OF TIBurrON ESTABLISHING DUTIES,having passed first 8 August 1966,came on regularly S2cond Ordinance ESTABLISIL~NT O~ BOARD OF ADJUSTY2NTS Reading and Adoption No. 62 ORDIPANfES ABSENT COUNCILNEN Hoffmire Bremer NOES c,:YJ:rCILNE:N None AYES The Chair of Minutes for 1966. Hotion of 25 J1.lly 1966 as COUNcrCHEN: introduced a if 88 the letter froIT!. meeting of Strawbridge rc q U-:; G ted by Drohan Hiss Anne Ellim'lood asking for correction 25 July 1966, which were approved on 22 Augt~0;: seconded by Fannin&, to change the minutes of the letter carried Fanning Str~wbridge ABSENT COU~1C ILMEN r:of[..:dre Dremer NOES COUI;-=: IU:n~r r.~("j:1.~ 1 "?-,~ .:.~...L0 ,:~~',:n of Str....:::ic,::icl.;c, sC;:;u:'11ec1 by Fc.nning, to approve Minutes 1:;0 89 of tn:; }2~t~ng of 8 A:.~gust 1966, nfter insertirrg on page 6 under "A17NUAL FINAt~CIAL ~:,-:~'_:\TEl\::-:~;::T;r p.a wmen::t:1ler:::: to the m0tion reading "to accept the Annual Finacial ~2port of the City Clerk of the fiscal year 1965-56"; and on page 3, under :::i.scuc:sion of the ADOPTIOn O:B' THE ANNUAL MUNICIPAL BUDGET FOR THE FISCAJ, YEf:.R lS'G6.-67, to chc-.L'::;e th8 motion by Str~v]b:.:idge to J,:ostpone adoption of the budee Ie:::, tHO 1;'7eelcs so that it should read "rllotion by Strawbridge, seconded by !.!Q:'lnins, to a:nen:1 the ID:li.n motion by postponing adoption of the budget for k . . . t::1) 'Hse s, t::l ['.llou further public revim'l," co.:rrip.d: COUNCIT,!SN: Drohf~n P3.nl1j.~:;.g Stra';\1bridge 111 A"?lROY~1-QF MI.B.LL~g~ L. D Rc H. I'ilil n. I. P. 1:0 v ~008; City Manager-City Clerk Fo::e~ker, Jr., City Engineer . Scott, Development Ldministrator Conil, City Attorney Breiner Deputy City Attorney EX O=.~:?ICIO lloff111ire Bre:ner "- .... AnSE:,:T COUHC ILIlliN Drohan Fanning Str['.~lbricge PRESENT COU~lC IIJ1EN: :~:c regular meetiu3 of fornia, was called to Council Chamb~rs of the order the City 1~... ROI,L CALL _____. ~,_,____ .....c...._ Ci'::y Counc il by Vice H~ll of the City hayor Tho:UQ3 Eo of Tiburcn, Drohan at 8 Sto.te of Cali- 10 p.m. in the lo CL'\ 1:JIJ TO OR.DER --~_....._----"'----- !~ir..ute s if 9 0 CITY CITY COUNCIL OF TIBURON 22 August 1965 Copies of the ordinance being unavailable continued the Chair ordered the matter INCLUSION IN COUNTY DISASTER AND CIVIL DEFENSE PROGRAM on ....."u....r withdrew sent down motion the Debate private be Miss Anne Ellinwood was re~ogpized and objected to the proposed powers of the Board to pass on pri'\;ate master and development plans. Strawbridge proposed that tile power for review of private master plans, but not develop- ~ent plans, be retain0-d by the Planning Commission. It was moved by FanninG' seconded by StraHLri.::ee to consider the ordinaace as having passed first reading c.:!me on for langu~ge of Section the meaning of adiliinistrative architecture Attorur=y was limited. in full ThereCl.fter, and it was so tl:e dec and private to the effect the read ar.d development that the powers Chair instructed hear from the elements of design plans. The response of the of the Board would be so that the ordinance be read appeals signs Zoning :ts i:)09 the in~erpret '1'1- ,..., ...L_ "'.. rrocedure, Commission An Orrlin2nce entitled A BO~RD OF DESIGN ordered by tl:.e the Planning AN Rl~VIEH E3TABLISH~.:Enr OF EOA!>J) OF Introduction and Referral DESIGN P.EV IEW ABSENT CO"JHCII,HEN Eoffri~::re Bremer NeES CO~E~C IT:1-:EN nor~e AYES cou~_:(~ ;:r-,~'~::.~!\l: Droha:l, Fannin3 Strawbridge !~tion of Fennin3 ComJ.:.~: S G io n of one of the sense intent of Fanning rrovices a fOl.:~rth irJ.ter~:": t qt:2stion of . Ch. tnc a:'~Im2.n uember of the 01.1 in d r [',:c t i:;::.;::; a pu-:: the that v7hether the ordinance as r-. ':~tcn in Section of t~e Planning Commission shall regularly be Doc::.rd. The City ^ttorney responded it was the the or2inance tbat the Chairman of the Planning would be ne~ber pro te8 and would set only in the absence the three re[;ulc.:::-ly-appointed members of the Board. It was of th~ City Ccuncil thereupon expressed that such was the the 1angu&p;G of the ordinance s2conded by Drohan to adopt Ordinance No 62 carried 3 The ordinance WGS so read ..~:JSENT COUNCILNEN HoffLlire Bremer r~OE3 COI.JNCILL2N NOi:"18 Fanning Strawbridge AYES Minutes IF90 City Council counc I:~1EN Drohan 2 22 August 1966 ~-:a Minutes 1190 3 22 August 1966 City Council ,," -- REZONING - R2 TO RP- 2 Assessor's Parcels 59-071-19, 20 & 33 Phillippe Mutrux Introduction and First Reading An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.5, THE ZONING ORDINANCE OF THE CITY OF TIBURON, TO RECLASSIFY CERTAIN REAL PROPERTY AS IN RP-2 DISTRICT, having been ordered up at the meeting of 8 August 1966, came on for first reading. Motion of Fanning, seconded by Drohan, to read the ordinance by title only, carried: AYES: COUNC ILMEN: Drohan, Fanning, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Hoffmire, Bremer The ordinance was so read. Motion of Fanning, seconded by Drohan, to consider the ordinance as having passed first reading, carried: AYES: COUNCILMEN: Drohan, Fanning, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Hoff:mire, Bremer RESOLUTIONS SETTING OF TAX RATE Fiscal 1966-1967 Resolution No. 119 A resolution setting a tax rate of sixty cents (.600) per each $100.00 of assessed valuation for the fiscal year 1966-67 having been ordered at the meeting of 8 August 1966 came on for adoption. Strawbridge introduced the resolution on behalf of the Committee on Administration and Finance and moved its adoption. The motion was seconded by Fanning and carried: AYES: COUNCILMEN: Drohan, Fanning, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Hoffmire, Bremer MINUTE ORDERS CODIFICATION OF MUNICIPAL ORDINANCES Authorization to Execute Agreement Strawbridge introduced a bill on behalf of the Committee on Administration and Finance, dated 22 August 1966, carrying the recommendations that the Mayor be authorized to execute an agreement with the Michie Publications Company of Los Angeles to codify the ordinances of the City into a Municipal Code, fifty copies of which would be provided to the City at a cost of $3,000, and carrying a second recommendation that the Code be produced by the mu1itilith system. Motion of Strawbridge, seconded by Fanning to authorize the Mayor to execute the agreement, carried The City City Council received an agenda bill dated 22 August taining a report of the investigation of the City Engineer of various speed limits on Tiburon Boulevard which alternate between 35 miles 1966 con- the SPEED LIMIT - TIBURON BOULEVARD Report on Investigation The City Engineer presented prel~inary drawings of a proposal to ~prove traffic circulation conditions at the intersection of Tiburon Boulevard and Main Street, which proposal also provided for street lighting and landscaping. Miss Anne Ellinwood and Mr. John Sanford were recognized, and in turn commented on the proposal. Since the plans were still under review by the State Division of Highways, the Chair ordered the matter placed on the Suspense Calendar and instructed the City Engineer to bring the proposal before the Planning Commission prior to returning it to the City Council INTERSECTION With respect to the first recommendation, the Chair suggested that the City Attorney reconsider his opinion on regulating the growth of trees on private property and make some efforts to draft an effective ordinance after which the matter was placed on the suspense calendar. IMPROVEMENTS TIBURON BOULEVARD AT MAIN STREET The Chair directed tha Lands and Development v ments before the ordinance came City Council the r"ommittee ordinance, when drafted, and that again"TPAC out of committee and be returned be asked for back to the to the com- ABSENT COUNCILMEN Hoffmire Bremer NOES COUNCILMEN None AYES The question being called for, motion of Fanning to adopt the recommendation of the bill carried counCILMEN Drohan Fanning Strawbridge second Fanning introduceJ a bill of 22 August 1966, out of the Committee on Lands and D8veloFJent, containing observations of the City Manager to the effect that the City Attorney had advised that the City, in his opinion, could not effectively adopt a valid, enforceable ordinance concerning the problem of regulating the growth of trees on private property, but that he was ready to proceed with an ordinance regulat- ing tree matters on public rights-of-way and on subdivisions. The bill contained a first reco~~endation of the City Manager that the City Council accept the opinion of the City Attorney respecting regula- tion of the grc.lth of ~ree8 on private property, and a second recommenda- tion that the Council order the preparation of an ordinance respecting trees on public rights-of-way and on subdivisions. Fanning moved the adoption of se~ond recomITlendation, which motion was seconded by Strawbridge but declined to move adoption of the first recommendation on the grounds that residents wished their views from their homes preserved. Mrs. Iris Su111, on beh~lf of TPAC, suggested that the problem might be referred to this comnLittee PLANTING, CUTTING AND MAINTENANCE OF TREES ON PRIVATE AND PUBLIC PROPERTY ABSENT COUNCILHEN Hoffmire Bremer NOES COUf:IC Il.MEN None Fanning, Strawbridge AYES Minutes 1190 City Council COUNCILHEN: Drohan 4 22 August 1966 Miss Anne Ellinwood was recognized and suggested that, if t~e per- mitted, the tiburon Peninsula Advisory Council could lend its efforts through public meetings Annexation Studies - The Chair put the question of progress on annexation studies being conducted by the Administration. The City Manager responded that Mr. Silberstein had concluded his prel~inary studies, which had been dedicated to examining all aspects of annexation of the unincorporated areas within the sphere of interest, and the studies indicated most favorably that annexation was mutually attractive. Fanning put the question of whether, in view of the conclusions of the preliminary studies, and because of numerous requests he had recently received that the City undertake annexation proce~dings, the City should not forthwith file an application with the Local Agency Formation Commission for a hearing on proceedings to annex all unincorporated areas within the sphere of interest. Strawbridge put the question of whether the City should not now document its findings and position and generally circu- late such a report in the unincorporated areas. The Chair responded that it was possible for the City so to do. Tiburon Peninsula Advisor Committee Meetin - The Chair noted that the Tiburon Peninsula Advisory Committee would hold a meeting on 8 September and urged members of the Council to attend if possible. QUESTIONS ABSENT COUNCILMEN Hoffmire Bremer NOES COUNCILMEN None AYES Strawbridge introduced a bill dated 17 August 1966, out of the Committee on Administration and Finance, containing the recommendation of the ~ity Manager that he be allowed to continue the employment of the services of Mr. Michael Silberstein beyond the original terminal date of 20 September 1966, to the extent that the original appropriation of $1,800 would permit. After discussion, motion of Strawbridge, seconded by Fanning to approve the reco~~endation carried unanimously: COUNCILMEN Drohan Fanning Strawbridge ADMINISTRATIVE ASSISTANT Extension of Employment ABSENT caUNC n..I1EN Hoffmire Bremer NOES COUNCILNEN None AYES Strawbridge introduced a bill dated 22 August 1966 out of the Committee on Administration and Finance, containing the request that the base salary for maintenance man be increased from $455.00 to $500.00 and carrying the rcconmendation that the change, as proposed by the Superintendent of Public Works, be authroized. Motion of Strawbridge, seconded by Fanning to approve the recommendation carried unanimOUSly. COUNCILMEN Drohan Fanning Strawbridge CHANGE OF SALARY SCHEDULE Maintenance Man - $455~00 to $500.00 per hour and 45 area. After a and placed on miles per hour review of the file from report Trestle Glen Boulevard to the Bel Aire the Chair directed that it be accepted Minutes 1190 City Council 5 22 August 1966 Minutes 1190 6 22 August 1966 City Council The Chair gave it as his opinion that it was no longer a question of what should be done but when to do it. After continuing discussion of the extent of desire in the unincorporated areas for immediate annexation proceedings, it was moved by Fanning, seconded by Strawbridge that the City Manager and City Attorney should prepare an application to the Local Agency Formation Commission for a hearing on annexation of all unincorporated areas within the sphere of interest, which application would be brought before the City Council at the 31st of August 1966, and that efforts should be made in the meanwhile to encourage public expression prior to the meeting. After further dis- cussion the motion carried: AYES: COUNCILMEN: Drohan, Fanning, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Hoffmire, Bremer Downtown;,Sketch Plan Hearings - Fanning put the question of whether the press had correctly reported the proposed procedure of the Committee on Lands and Development in considering the Downtown Sketch Plan, insofar as the press report indicated there would be no public hearings. He com- mented that this was incorrect in that the committee itself could not make any changes in the plan but might make some recommendations to the City Council which in turn would have to hold public hearings; further- more, any changes would have to be referred to the Planning Commission before a Council itself could alter the plan as forwarded by the Planning Commission Marin Council of Civic Affairs Meeting - Miss Anne Ellinwood was recognized and asked if the City would be represented at the scheduled meeting of 24 August 1966 of the Marin Council of Civic Affairs, at which date was proposed to discuss the future of the Hi1arita Housing property. The Chair responded that the meeting would not be held as scheduled and the City would not be represented until it had considered the problem. REPORTS Consideration of the reports were continued to 31 August. ADJOURNMENT There being no further business the meeting was adjourned to 31 August 1966 /) ~-~ /' C .._,~ CITY CLERK Approved by the Council on Deputy City Attorney responded to the inquiry of the City Manager on the precedence of filings for annexation hearings before the Commission He assured the Council that no precedence had been obtained by the City of Mill Valley in its present filing; that action taken by this Council to make an annexation application to LAFC would probably be considered simultaneously by the Commission with other petitions covering the same The City Manager then reported that the City of Mill Valley's City Manager had expressed through him two proposals to be submitted to the City of Tiburon. First, that the two cities request that the Com- mission hear the petition of the Strawberry residents for incorpora- tion of a City of Strawberry prior to hearing the annexation proposals of the City of Mill Valley or the City of Tiburon. Secondly, it was suggested that the annexation petitions be heard simultaneously by the Commission for its decree on the contested area. Tiburon's City Manager also noted that a map printed in the evening paper indicated the City of Mill Valley did. not propose to annex all of the Strawberry area. The Chair stated, however, that now the City of Mill Valley has filed a petition with the LAFC for a hearing to annext to their city portions of the Tiburon Peninsula which have traditionally been considered in the City of Tiburon's sphere of interest. In addition, some citizens of the Strawberry section have filed with LAFC for an incorporation hear- ing; and these actions force the City of Tiburon to take action in filing an application with LAFC for annexation of these unincorporated areas. While interest been expressed attitude of the these areas in the unincorporated areas of the Tiburon Peninsula has since the Master Plan was drawn in 1956, it has been the City that no direct action be taken until the people of expressed a desire for annexation to the City of Tiburon The Chair asked Mr. Drohan to bring everyone up to date on events trans- piring since the last regular meeting. Mr. Drohan stated the subject of annexation of unincorporated areas within the City's sphere of interest had been broached but before any action was taken by the City Council to file for a hearing before the Local Agency Formation Commission, it was felt the Administration's staff should document the findings of its three-month study and place these pertinent facts before the Council and the people at this special meeting. ANNEXATION STUDY III L. D. Rose, City Manager-City Clerk R. W. Foreaker, Jr., City Engineer R. H. Breiner, Deputy City Attorney Michael Silberstein, Administrative Assistant REPORTS EX OFFICIO Bremer Drohan Fanning Hoffmire Strawbridge PRESENT In the absence of Mayor Hoffmire, an adjourned meeting of the City Council of the City of Tiburon, State of California, was called to order by Vice Mayor Thomas E Drohan at 8:10 P.M. in the Council Chambers of the City Hall. Mayor Hoffmire arrived during the Roll Call and presided over the meeting. COUNClIMEN II ROLL CALL I CALL TO ORDER l-anutes ;f9l CITY OF TIBURON CITY COUNCIL 31 August 1966 Mrs. John S. Morton, Bay Vista Drive, expressed concern about the school district boundaries and the fact annexation would not include incorporation within the Reed School District. The Chair responded that boundary changes of the school district are not within the control of any city. Fanning stated there had been many discussions about changing school district boundaries, all of which point back to the regulations of the state concerning unification of school districts Fred Hannahs, Ridge Road, asked what would happen to districts that would become totally within the City. It was stated by The Chair that since a district--such as the Alto-Richardson Bay Fire P otection District--is locally controlled, it could be joined with the City after annexation, if the people desired. It was stressed again that the "fact sheet" deals only with the agencies as they now exist; anything not completely within the area remains unchanged, and it is not the desire of the City of Tiburon to change districts until the people within the district request it The Chair responded that while it was true that at this moment many services would not be changed, at such time as the people of the areas desired additional services, they could request them and the facilities would be available. Mr. Robert Gehl, Old Landing Road, stated that while he had not had a chance to review the facts presented by the City, he did not feel annexation would offer his area any desired services, would leave many services unchanged, and would increase taxes. Questions from the floor were then Fanning also noted that two openings had been left on the Parks and Recreation Commission for representation from the unincorporated area A seat is also available on the Planning Commission. solicited by The Chair Various services th~ City could provide these residents were dis- cussed, including additional police protection and the opportunity to have a stronger voice in the development of these areas through zoning and planning, as pointed out by Strawbridge Reference was made by The Chair to page 6 of this report dealing with the tax rates of the various special districts within the unincor- porated area. He pointed out that with annexation, if the people within the area decided to consolidate or merge some of these districts now individually providing certain services and have the City of Tiburon provide such services, the total individual tax bill would be reduced. The present City tax rate ($.60/100 A.V.) would be spread over a larger base and would be augmented by other monies generated within the unincorporated area but now returned to the County and ex- pended throughout the County. With annexation, these funds would be returned directly to the City of Tiburon for local purposes, as determined by the people involved. The Chair felt that with annexa- tion not only could additional services be given the people of the in- corporated areas but with the savings from mergers of overlapping agencies and a wider tax base, a rate of $.30/100 A.V. might be achieved--contrasted to the $.40/100 A.V. now paid to the County by those living within the unincorporated area. It was noted also that the City of Mill Valley now has a $2.31 tax rate The City Engineer, in describing the sphere of interest on the map stated that while the line extended to the city limits of the City of Corte Madera, reservation would be made of a small portion requested for annexation by that city. 'Annexation to Tiburon?--A Fact Paper", a report prepared by the City of Tiburon, was discussed. The Administrative Assistant pointed out on the maps the areas involved, and indicated the overlapping areas of services provided by various public agencies. area. After receiving the petition of the City of Tiburon, mission could then determine which application would precede then make boundary changes. the Com- and could Minute s #91 City Council -2- 31 August 1966 Approved by the Council on 1966 \ :/~ C>flCL---_ Having concluded the business for which this declared the meeting adjourned at 9:45 P.M meeting was called, The Chair ADJOURNMENT NOES COUNCILMEN None Bremer, Drohan, Strawbridge AYES The Chair called for a motion to adopt a resolution for the City of Tiburon to make application to the Marin County Local Agency Formation Commission for the annexation of unincorporated terri- tory to said City. Fanning moved that said resolution be adopted seconded by Strawbridge; unanimously carried. COUNCILMEN FaRning, Hoffmire ANNEXATION OF UNINCORPORATED TERRITORY TO THE CITY OF TIBURON Resolution No 120 IV In response to a question of support for this annexation proposal by the City of Tiburon, the City Manager stated that not only petitions--such as that presented by Dr. and Mrs. Cogswell--but postcards, letters and phone calls had been received urging the City to take action on such an application. RESOLUTION It was pointed out that since the City of Mill Valley apparently does not intend to include all of the Strawberry area in its annexation plans, the remainder of the Strawberry area would be deprived of the commercial base which would make its future annexation to Tiburon economically practical. Fanning expressed the feeling of the City Council that it was vital that the people of these areas be given an opportunity to vote on annexation at this time, saying it would be difficult to accomplish annexation at a later time if that commercial area were to be annexed now. Dr. R. C. Cogswell, Strawberry area, expressed the great concern of residents in Strawberry over this now contested area. He had obtained signatures on a petition urging the City Council of Tiburon to place its proposal for annexa- tion before the Commission so the people could vote on it. He emphasized that the tax monies generated by the successful shopping area of Strawberry could be returned to the City and would be a great help in reducing taxes. Ed Reed, Minutes #91 City Council Keil Cove area, introduced remarks implying opposition to annexation -3- 31 August 1966 Minutes #92 CITY COUNCIL 12 September 1966 CITY OF TIBURON I. CALL TO 0 RDE 11 The regula: meeting of the City Council of the City of Tiburon, State'of California was called to order by Mayor John S. Hoffmire, Jr. at 8:08 P.M. in the Council Chambers of the City Hall. II. ROLL CALL PRESENT: COUNC ILMEN: Bremer Drohan Fannins (arrived at"8':27 P~:M~) Hoffmire Strawbridge ABSENT: COUNC ILMEN: None EX OFFICIO: L. D. Rose, City Manager-City Clerk R. W. Foreaker, Jr., City Engineer Robert I. Conn, City Attorney Richard Breiner, Deputy City Attorney Phil V. Scott, Development Administrator III. APPROVAL OF MINUTES Motion was made by Drohan, seconded by Bremer, to approve Minutes #90 for the meet- ing of August 22, 1966; unanimously carried: AYES: COUNCILMEN: Bremer, Drohan, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Fanning Motion was made by Drohan, seconded by Bremer to approve Minutes #91 for the meet- ing of August 31, 1966; unanimously carried: AYES: COUNCILMEN: Bremer, Drohan, Hoffmire, Strawbridge NOES: COUNC ILMEN: None ABSENT: COUNCILMEN: Fanning IV. ORDINANCES REZONING - R-2 TO RP-2 Assessor's Parcels 59-071-19, 20 & 33 Phillippe Mutrux Ordinance No. 63; P. C. No. 60003 Second Reading and Adoption An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.5, THE ZONING ORDINANCE OF THE CITY OF TIBURON, TO RECLASSIFY CERTAIN REAL PROPERTY AS AN RP-2 DISTRICT, having passed first reading by title only at the meeting of August 22, 1966, came on regularly for second reading and adoption. Motion by Drohan, seconded by Bremer, to read the ordinance by title only; unanimously carried: AYES: COUNC ILMEN: Bremer, Drohan Hoffmire Strawbridge NOES: COUNCILMEN: None ABSENT: COUNC ILMEN: Fanning The ordinance was so read As the Parks and Recreation Commission, at its August 31, 1966 meeting had requested the Council to delay acceptance of the Plan pending further study by the Commission, and there being no objection, it was directed by The Chair that this item be placed on the Suspense Calendar and the City Manager instructed to notify the Commission of this action. DOWNTOWN SKETCH PLAN VI. MINUTE ORDERS ABSENT COUNCILMEN None NOES COUNCILMEN None AYES Thereupon carried COUNCILMEN Bremer Drohan Fanning Hoffmire Strawbridge the question was Strawbridge put the question as to whether salaries would be raised to cover the additional cost to employees. It was the sense of the Council that the resolution be considered at this time and any dis- cussion un the subject of salaries be undertaken by the Committee on Administration and Finance called for and the motion unanimously A resolution of intent to join the California State Bmployees Retire- ment System, having been ordered by the Counci~ at its meeting on July 11, 1966, came on for adoption. Strawbridge introduced the resolution on behalf of the Committee on Administration and Finance. The City Manager referred to his letter to the Council dated Septem- ber 9, 1966 stating that affiliation with a private retirement system apparently would not be possible and recommending adoption of the resolution. Strawbridge moved the adoption of Resolution No 121 seconded by Drohan STATE EMPLOYEES RETIREMENT Intent to Enter Contract Resolution No 121 SYSTEM V It was the sense of the Council that the should send copy of the ordinance, with Department of Tiburon and Belvedere and Protection District RESOLUTIONS a to Development covering letter, to Fire the Alto-Richardson Bay Fire Administrator the ABSENT COUNCILMEN Fanning NOES COUNCILMEN None AYES It was moved by Strawbridge, seconded by Drohan, to consider Ordinance as having passed first reading unanimously carried COUNCILMEN Bremer Drohan Hoffmire Strawbridge An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO. 49 KNOWN AS "CITY OF TIBURON BUILDING ORDINANCE", introduced by bill of the Development Administrator dated August 17 1966, came on for first reading. The proposed ordinance was read in full by the Development Administrator HEATING AND COMFORT COOLING CODE Introduction and First Readin ABSENT COUNCILMEN Fanning NOES COUNCILMEN None AYES Motion by Drohan, seconded by Strawbridge unanimously carried COUNCILMEN Bremer, Drohan Hoffmire Strawbridge Ninute s fi92 City Council -2- to adopt Ordinance No 12 September 63 1966 On behalf of Services Committee, Bremer presented a bill dated September 7 stating that at the direction of the Council on July 15, 1966, Committee had considered the model ordinance pre- pared by the League of California Cities in preparation for an ordinance to govern installation and operation of CATV systems in the City the Public 1966 the COMMUNITY TELEVISION ANTENNA FRANCHISE ORDINANCE A five-minute recess was declared by The Chair continuing with Minute Orders The meeting reconvened at 9:05 P.M The ChaiL introduced a bill dated September 6, 1966 requesting permission to appoint Councilman Strawbridge as the City's delegate to the annual conference of the League of California Cities, to be held in San Diego on October 16-19, 1966. It was his suggestion that the financial arrange- ments remain the same as in the previous year. There being no objection The Chair appointed Councilman Strawbridge as the City's delegate. APPOINTMENT OF DELEGATE - ANNUAL CONFERENCE LEAGUE OF CALIFORNIA CITIES ABSENT COUNCILMEN None NOES COUNCILMEN None AYES Strawbridge moved that the purchase of the loader be authorized, recommended by the City Manager seconded by Drohan unanimously COUNCILMEN Bremer Drohan Fanning Hoffmire Strawbridge as carried The Chair presented dated September 6, 1966 on behalf of the Super- intendent of Public requesting permission to purchase a used utility loader from the Contractor's Machinery Company for approximately $2,800.00 He noted that although it was a 1962 model, it had only 969 hours' time; that a back hoe could be attached to the unit if desired at a later date it will be painted in the colors of the City; and will carry a 90-day warranty. He further stated that the Committee on Administration and Finance had approved the request a bill Works AUTHORIZAT ION TO PURCHASE EQUIPMENT (LOADER) ABSENT COUNCILMEN None NOES COUNCILMEN None AYES COUNCILMEN Bremer Drohan, Fanning Hoffmire Strawbridge The question Strawbridge moved that the City Manager recommendation be the MMM Company duplicator be purchased, the sum to be Operations to a Capital account; seconded by Bremer. that the present duplicator will continue to be used parencies for the projection machine ,,,as called for and the motion unanimously carried accepted and transferred from The City Manager stated in preparing trans- s Fanning put the question as to whether annual maintenance was included in the appropriation requested, to which the City Manager responded that the policy on acquisition of new equipment has been to purchase such service contracts at the expiration of the first year of use On behalf of the Committee on Administration and Finance, Strawbridge introduced a bill, prepared by the City Manager and dated September 6 1966, to authorize the purchase of a MMM Company automatic duplicator in lieu of annual rental of a Xerox machine, for which provision had already been made in the budget PURCHASE OF DUPLICATING EQUIPMENT Minutes 1192 City Council -3- 12 September 1966 representative of this effect because sys=ems planning at a PoG.&E., responded that of different installation Fanning expressed concern that people who live facilities now exist should be given equal serv~~e than that paid by those who were not required underground installationft The Chair subrlivision developments, the ground utilities in initial areas where underground ~~ at a cost no greater to obtain the service through expressed the thought that in future could be installed along with under- cost saving. Dick Conrad, consolidation would not have techniques a system. given parts of The ordinance the City Bremer of the for the proposes responded proposed whole to Drohan's question about the ordinance by saying that a franchise City might delay installation of franchises which are exclusive to non-exclusive wh ich is feature exclusive Bremer repeated that tion except where it munication utilities. the annual minimum fee the 5% figure was not requiring underground installa- to underground electric and com- agreed with the principle of on the basis of population but economically possible. escalating questioned whether the Committee could be Drohan was attached was found disadvantage lower population. Secondly, he particularly underground, the Public Works Department offset by the $1~200 minimum fee noted that vIill create and the annual the installation of a costly demand on City Engineer which might payment. services not be The City Manager explained to call to the Council's fixed not the necessarily 2% to be a of the , eve n connnon figure in contrast that his attention the though for recommendat ions fac t that had been made, first the percentage figure the League of California Cities had such franchises, and he noted the to its worth with an expanding such systems the of Bremer Minute moved tha Order be ordinance based 0 conditions containsd the c.d,...p ted n the in League the report of the to authorize Committee be accepted and that a the City Attorney to prepare an of California Ci~ies' model but with the Committee's report seconded by Strawbridge hen read the .... be 5% of gross attached to the payment should be official population figures cellS'iS, or (3) special state franchise increases in direct Bremer paymentC' the fe e annual recommendations of the City Manager receipts rather than 2%--a figure garbage franchise; and further, that the based on a per-capita figure arrived at obtained through (1) annexation, (2) or federal census, since the value ratio to population increase that franchise consistent with minimum through federal of the i. That a misdemeanor clause be included h That the amount of the faithful performance surety be $20.000 underground That the City Section 10 Engineer, in exercising the discretion proposed respecting construction and location may require installation g Installation shall be wherever other electric communication utilities are placed underground, and shall so located solely at the expense of the grantee and be in f underground e A minimum The franchise fee the operation: annual payment shall be $1.200 d shall be 2% of the annual gross receipts of c Notices of termination shall be 30 days b Franchises shall be for a period of 20 years a Franchise shall be non-exclusive League, provisions It vIas the instructed to prepare containing the of the ord inance recommendation of the Committee that the City Attorney be an ordinance, based on the model ordinance following conditions and requirements as of the basic Minutes #92 City Council -4- 12 September 1966 The ments shopping Chair for stated that the Tiburon Chamber of Commerce had made a breakfast meeting on September 13, 1966 to which center merchants were invited to discuss questions arrange- Stra,\olberry on annexation Chamber of Commerce Breakfast After further senting the City at emphasize that while of consolidating police investigation should be especially '\~here a district discussion, it was the sense of the Council that in repre- the September 13th meeting, the City Manager should the City of Tiburon presently endorses the principle protection in a special district, it feels further undertaken on the matter of fire districts is performing effective service to its area To a later question posed by Fred Hannahs, the City Manager read from the repc4t the objections to the proposal which had been noted by the Committee. The City Manager stated the meeting was being held to adopt a resolution calling for a public hearing at which time the pros and cons would be weighed The City Manager reported that a meeting will on September 13 1966 by the Marin County Board of Supervisors a report of the County Administrator and the City-County Services Committee which will recommend the formation of special districts to provide police and fire protection to unincorporated areas of the County. The City Manager stated that most cities are urging adoption of the report; affirmative action thereon would be reflected in the 1968-69 tax rate. The City Manager requested authority to attend the meeting and speak in favor of the report on behalf of the City of Tiburon. There being no objection The Chair directed the City Manager to represent the City at the meeting be held to hear Count Services Items on the Suspense Calendar were reviewed. It was the direction of The Chair that Item No. 6 (Mill Valley Prefix-Tiburon Phones), Item No 7 (Mill Valley Postal Address in Tiburon) and Item No 21 (Municipal Code) be removed from Calendar Police and Fire Suspense Calendar VII. QUESTIONS ABSENT COUNCILMEN None NOES COUNCILMEN None Stra'Vlbridge AYES Thereupon passed COUNCILMEN Bremer Drohan Fanning Hoffmire the question on the main motion was called for unanimously ABSENT COUNCILMEN None NOES COUNCILMEN None Fanning Strawbridge AYES The question on mously carried COUNCILNEN Bremer Drohan Ho f fmire the amendment to the Strawbridge then moved that the main motion be be directed to prepare a CATV ordinance and a 20~ per-capita minimum annual the ordinance should be construed placement of any TV antenna within main motion was amended and incorporating a 5% payment; and further, that to predetermine an application the City of Tiburon seconded by Bremer called for the City Attorney franchise fee nothing in for the unani- The City Manager stated that the proposed ordinance would merely be the means of establishing CATV services. A use permit would still be re- quired for the installation of antennas Minutes 4192 City Council -5- 12 September 1966 of the Lands and Development Committee, report September 7, 1966 stating that the Committee was to its report on this plan within six weeks from date of referral. Drohan asked that the date for submission of the Committee's report be extended since the Tiburon Peninsula Advisory Committee will review the plan on October 15 and the Parks and Recreation Committee will discuss it at their October 31, 1966 meeting. The Chair directed the matter placed the Suspense Calendar for November 15, 1966. On behalf dated Drohan read a submit on DOWNTOWN SKETCH It was the sense of the Council that this oversight should be rectified. The Chair directed that the City Attorney and the City Engineer investi- gate the circumstances and through the City Manager, report back to the Council, including in their report an estimate of cost for erecting re- movable barricades. It was suggested too that the Tiburon Fire Chief be advised of this action PLAN The City Engineer stated that he Council had originally required that the barriers be removable, ~ approval of permanent barriers had been given through their subsequent approval of the Subdivision ~prove- ment Plan in which permanent barriers were indicated wh i Ie tac i 4- Drohan expressed the opinion that if the Fire Chief should be removable the subject should be reopened agreed felt the barriers to which Strawbridge The Chair recognized Fred Hannahs, who reminded the it had been voted previously by the Council that barriers at Hilary Drive would be removable but that permanent barriers were now in place. The City Manager stated that erection of permanent barriers had been recommended by the City's insurance carrier Council the that end of The Chair read a report dated Council at its August 8, 1966 to grant encroachment permits unimproved portions of Hilary Drive, the City a letter of the Tiburon Fire Chief dated July the action taken August 25, 1966 stating that since the meeting had authorized the City Engineer for construction of private driveways on Engineer had responded to 25, 1966 informing him of Subdivision VIII. Fred Hannahs asked for clarification of the City's position on the subject of abandonment by the railroad, especially in view of its seemingly contra- dictory position as reported by the press. The Chair responded that with the completion of the Puerto Suello Tennel, there was an increasing chance that the railroad would abandon the line. The City is preparing itself for this eventuality and the Council is in favor of obtaining the reversionary rights and is working on an application to obtain federal funds for perhaps 50% of the amount needed, with other agencies participa- ting in portions of the remaining 50%. The fact that the Council had re- quested a delay in the hearing in order to be better prepared did not indicate opposition by the Council to abandonment REPORTS Drohan reported that in answer Pacific regarding endorsement were hiring a real estate tion during the period of to a letter addressed to the Southern of this plan, they had responded that they research group and asked for the City's coopera- its study on their behalf Dm'lntO\17n Plan Fanning read an anonymous ing in the February 4, existence of a county areas. he had citing an article appear- ~~~ue of The calling attention to the regarding view obstruction in unincorporated rece ived Pelican Vievl Hinutes 4192 City Council Obstruction -6- 12 September 1966 Approved by the Counc i1 on There being no further business the meeting was declared adjourned at 10:32 P.M IX The Chair noted that the Independent-Journa1"s representative, Bill Arnold was attending his last Council meeting and extended to hDn the best wishes of the Council in his new position. AD JOURl\lMgNT The City Manager presented the Register of Claims Statements, Nos. 25 and 26, for the months of July and August, 1966; and the July, 1966 reports of the Tiburon Police and Sheriff Station, the Development Administrator, and the Department of Public Works. Upon motion duly made seconded and unanimously passed the reports were approved REPORTS Hinutes 4192 City Council 7 12 September 1966 Minute s /193 CITY COUNCIL 26 September 1966 CITY OF TI13URON ( I. CALL TO ORDER The regular meeting of the City Council of the City of Tiburon, State of California, was called to order by Mayor John S. Hoffmire, Jr. at 8:08 P.M. in the Council Chambers of the City Hall. II. ROLL CALL PRESENT: COUNCILMEN: Bremer Fanning Hoffmire Strawbridge ABSENT: COUNCILMAN: Drohan EX OFFICIO: L. D. Rose, City Manager-City Clerk Robert I. Conn, City Attorney Richard Breiner, Deputy City Attorney Phil V. Scott, Development Administrator R. W. Foreaker, Jr., City Engineer \ ..,' III. APPROVAL OF MINUTES Motion by Strawbridge, seconded by Fanning, to approve as submitted Minutes #92 for the meeting of September 12, 1966 unanimously carried: AYES: COUNC ILMEN: Bremer, Fanning, Hoffmire, Strawbridge NOES: COUNC ILMEN: None ABSENT: COUNCILMAN: Drohan The Chair recognized the presence in the audience of students from the government class at Redwood High School. IV. ORDINANCES INCLUSION IN COUNTY DISASTER AND CIVIL DEFENSE PROGRAM Introduction and First Reading (,l An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON RELATING TO CIVIL DEFENSE AND DISASTERS, recommended by the Public Services Committee and ordered by Agenda Bill dated August 8, 1966, came on for first reading. Motion by Bremer, seconded by Strawbridge, to read the ordinance by title only unanimously carried: AYES: COUNCILMEN: Bremer, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNC Ill.fAN: Drohan The ordinance was so read. Motion by Bremer, seconded by Strawbridge, to dispense with further reading of the ordinance unanimously carried: AYES: COUNC ILMEN: Bremer, Fanning. Hoffmire Strawbridge C NOES: COUNCILMEN: None ABSENT COUNCILHAN Drohan Following further discussion, it was moved by Fanning, t~at SGction 6 of said ordinance be amended as follows seconded by Strawbridge Fred Hannahs was recognized and questioned the delegation of the matter of use permits, the City Manager responding that come before the Board of Adjustments and where master plan volved any change in use permit would go before the board authority use permits approval is in- issuing said permit in Fenning pointed out that in previous discussions concerning appeal procedures it had been the expression of the Council that appeal could be made by five citizens, two of whom were to be registered voters. Strawbridge expressed dissatisfaction with the ordinance as presented and requested that it be referred to the Planning Commission for its recommendation prior to second reading and adoption. Miss Ellinwood further questioned whether this element of planning was not being improperly delegated, and asked whether the proposed ordinance had the epproval of the City's Planning Consultant. The City Attorney responded that in his opinion there was no conflict with state law as it pertains to duties defined in the State Planning Act. The Chair confirmed that at this time no one Planning Consultant has been appointed by the City were set or by two stated the principle of reference by the Board of Design Review Planning Commission, if it so deemed desirable, was in line with to streamline the work of the Planning Commission and that procedures forth in the ordinance for appeal to the City Council by the applicant Councilmen T:le the efforts Chair full to E~~ss !:;.nne L. Elliuv7Cod 'toJas recognized and distributed to the Council a ~ated September 26, 1966 stating her objections to the delegation to the ,~f D~sign Review the power to review private master and development plans, feeling that such powers should lie with the Planning Commission to be de1e- SQtSG at ita discretion to the Board of Design Review. The letter was read full by the City Manager in letter Board l,::::ved by Brc~er, seconded by Strawbridge >J:,78 pas red firs tread ing. that the ordinance be considered to lJ~3=f~T COU::JC ILMAN Drohan KJ:S COUNCILMEN None A"PI:S l>1:>t ion by dispensed COUNCILHEN Fanning, ~.;i th and Bremer, seconded by Bremer, that further reading of the ordinance be the ordinance be read by title only unan~ous1y carried Fanning Hoffmire, Strawbridge The Chair introduced an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ESTABLISHING A BaAP~ OF DESIGN REVIEW AND DEFINING ITS DUTIES. The Development Lcainistrator stated the Planning Commission had reviewed the proposed ordinance and reco~en~cd adoption with the wording now incorporated in the ordinance to grant pO~ver to the Board of Design Review to pass on all private master and d~velopment plans and in its discretion to refer such plans to the Planning Com- mission for approval if the nature and circumstances attached to any such plans so warranted EG'i'ABLISlIHENT OF BOARD Introduction and First OF DESIGN Re2.ding REVIEW ABSENT COUNCILl1AN Drohan NOES COUNCILMEN None LYES Motion by llre~er, seconded by Strawbridge r~s8ed first reading unanimously carried COUNCILNEN Bremer, Fanning Hoffmire Strawbridge l1in".1tc s 41=93 City Cou::1cil -2- to consider the ordinance as 26 September 1966 having The Chair so directed that meeting of the City Council the matter be continued to the October 10, the subject ordinance was introduced 1966 and it was directed that the within the area for review and comment n~ve10pment Administrator requested continuance a more complete report 1966 HEATING AND COMFORT COOLING CODE- AMENDHENT OF ORDINANCE NO. 49 Continuance of Consideration ABSENT COUNCILMAN Drohan NOES COUNCILMEN None AYES The question was adopted COUNC ILMEN called for and Ordinance No Bremer Fanning Hoffmire 64 as corrected Strawbridge unanimously Moved by Strawbridge, seconded by Fanning, that the urgency interlln ordinance be adopted. Fanning called attention to an error in Section 1 (2), and the last word in the sentence was changed from "seventeen" to "twenty-seven" With this correction, the ordinance was read in full by the City Manager An ordinance entitled AN URGENCY INTERIM ORDINANCE OF THE CITY OF TIBURON EXTENDING ORDINANCE NO. 58 FOR ONE YEAR, having been proposed by Resolution 13 adopted by the Planning Commission on September 6, 1966, came on for adoption. EXTENSION OF INTERIM Ordinance No. 64 Introduction and Adoption of A-2 ZONE Urgency Ordinance ZONING connnents vote for the ordinance The Chair letter of then directed that the ordinance, September 26, 1966, be referred to prior to second reading and adoption. its adoption on second reading if the as now amended together with Miss Ellinwood's the Planning Commission for its Strawbridge stated he would Planning Commission accepts ABSENT COUNCILMAN Drohan NOES COUNCIU1EN Strawbridge AYES The question was called motion carried COUNCILNEN Bremer, Fanning Hoffmire to pass the ordinance as amended on first reading ABSENT AYES NOES COUNC ILMAN: COUNCILMEN ILMEN COUNC Drohan Bremer None Fanning Hoffmire Strawbridge Motion to amend the ordinance unanimously passed The Cit Plannin Council ma refer an matter back to the Commission for decision from this body. Adding to the last sentence in said Section or an five (5) owners l1inutes 1193 City Council Adding to Line four following the words -3- City of 26 September Tiburon' 1966 Thereupon, it was moved by Fanning, ordinance be read by title only and unanimously passed seconded by Strawbridge, that the further reading be dispensed with To the Chair's inquiry, the Deputy City Attorney responded that the ordinance had not been presented to the Planning Commission. The Chair stated the ordinance could be referred to the Planning Commission after passing first reading The Deputy City Attorney stated the ordinance would not cover street trees for which a separate ordinance was being drafted, but private lands and further defined "income parcel" as any parcel other than R-l and A-2 zoning The ordinance also covers lands zoned CP and undeveloped parcels An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON REGULATING THE RID10VAL OF TREES ON PRIVATE PROPERTY, PROVIDING FOR THE GRANTING OF PERMITS AND PROVIDING PENALITIES FOR VIOLATIONS, having been ordered by Agenda Bill out of the Lands and Development Committee adopted August 22 1966 came on for introduction and first reading REI-lOVAL OF TREES ON PRIVATE PROPERTY Introduction and First Reading Thereupon, Bremer withdrew his motion, with the approval of seconder Straw- bridge. The Chair then directed that the proposed ordinance be placed on the Suspense Calendar pending receipt by the Council of further infoDmation from the City Attorney and the City Engineer concerning (1) the costs of undergrounding the CATV system along with utilities lines, (2) establishing that those who already. have underground facilities will pay no higher cost than other CATV users, and (3) clarification of the legal ramifications should grantee abandon the system. The Chair expressed the desire for further study of the costs of underground- ing CATV transmission lines along l~ith the underground facilities provided for telephone and electric service. Fanning objected to any additional cost being charged by the CATV system to those who already have underground lines The City Manager called attention to Section ll(c) and the need for some clarification in the wording concerning abandonment of the system by the where separate agreements exist between grantee and the utilities grantee panies com- Motion by Bremer, seconded by as having passed first reading Stralvbridge that the ordinance be considered The ordinance was so read ABSENT COUNCILMAN: Drohan NOES COUNCILMEN: None AYES Hoved only; COUNCILMEN by Bremer, seconded by Strawbridge unanimously passed Bremer, Fanning Hoffmire Strawbridge that the ordinance be read by An ordinance entitled AN ORDINANCE OF THE CITY OF TIllURON PROVIDING FOR THE GnANTING OF FRANCHISES FOR COMMUNITY ANTENNA TELEVISION SYSTEMS, PROVIDlblG TEm,IS AND CONDITIONS FOR THE OPERATION OF SUCH CO~1UNITY ANTENNA TELEVISION SYSTEMS AND FEES THEREFOR came on for introduction and first reading. On behalf of the Public Services Committee, Bremer stated the ordinance con- tained the basic provisions for the regulation of the community television antenna industry and the granting of franchises, including amendments to the Public Services Committee's report adopted by the Council at its meeting of September 12, 1966 concerning franchise fees. title co~n1UNITY TELEVISION ANTENNA FRA~~HISE ORDINANCE Introduction and First Reading Iviinutes /F93 City Council -4- 26 September 1966 There being no further action required by the Council that the report be filed the City Manager to so note The Chair directed In compliance with zoning regulations, the Development Administrator pre- sented Agenda Bill dated September 13, 1966 setting forth the considera- tions of the Planning Commission in denying the petition of for rezoning a six-acre parcel bounded by Ranch Road, Tara Hill Residence #1 and Marinero applicant Marinero REZONING - PROPERTY FRON R-1 Mrs. Miriam Bodian Applicant P. C. No 60006 B-2 to R-3:G- The Chair then directed that a public Bi1son, M. D. for a zoning change be that the Administrative Staff's matter ? hearing of the set for October report contain a appeal of Paul E. 24, 1966, and requested complete statement of the The Development Administrator stated, by report dated September 16, 1966 that an appeal from the action of the Planning Commission in denying Dr. Wilson's application for a zone change for a portion of Tiburon Properties on Hacienda Drive had been submitted to the Planning Commission at its September 6, 1966 meeting. The Commission had referred the subject letter to the City Council. It was the Development Administrator's recommendation that the letter be received and the matter set for hearing. ZONE Paul File CHANGE - E. Hilson No. 60002 APPEAL FROH H. D. DENIAL v called by The Chair MINUTE ORDERS the meeting reconvening at 10:00 P A ten-minute recess The Chair directed that the ordinance be referred to the Planning Commission for its approval prior to considering the ordinance for final reading \17 as H ABSENT COUNCILMAN Drohan NOES COUNCILHEN Bremer AYES COUNCILI1EN Fanning Hoffmire Strawbridge The question was Fanning expressed the desire of the Lands and Development Committee to pre- serve existing large trees and to regulate tree heights to preserve views, stating the latter will be the subject of another ordinance now being drafted called for motion passed Fred Hannahs obtain a visions was permit of recognized and for removal of Section 4 'tl7he the r tree, and he regarding granting of permits questioned a de ad it would be necessary to was referred to the pro- Fanning Committee be destroyed by other cities to preserve existing through the process of land to preserve these natural Bremer stated that it was his recollection been to regulate heights of trees ordinance was too broad and it was stated that the ordinance in orde~ that the original objective had to preserve views and felt the proposed questionable whether it could be enforced was endorsed by the Lands and Development large trees which might otherwise development and cited measures taken assets It was moved by Fanning, sidered as having passed seconded by Strawbridge first reading that the ordinance be con- ABSENT COUNCILMAN Drohan NOES COUNC ILNE>T None AYES l1inutes 4F93 City Council COUNC ILMEN Bremer Fanning, -5- Hoffmire Stra't'lbridge 26 September 1966 On behalf of the Superintendent Bill dated September 20, 1966 of a 3-yard dump truck by the 1966-67 budget. of Public l-lorks setting forth six Public Horks The Chair presented Agenda quotations for the purchase Department as provided in the AUTHORIZATION TO PURCHASE PUBLIC The Chair directed that the report be accepted and when plans are further developed HOPJ<S TRUCK filed for future action The City }lanager stated that since the date of the meeting another type of lighting fixture was under consideration. The City Engineer reported that informal approval of the plan has now been given by the State Division of Highways and unless otherwise instructed, would now proceed to put out bids which would include underground conduit but not lighting or landscaping By report dated September 20, 1966, the that proposed plans and specifications of Tiburon Boulevard, Main the Planning Commission at in principle by that body, give further consideration Development Administrator stated for improvements at the intersection Street and Paradise Drive had been presented to its September 6, 1966 meeting and were endorsed with the request that the Board of Design Review to proposed street furniture and landscaping I~ITERSECTION IMPROV~mNTS P. C File 20010 TIBURON In answer to a question solicited by The Chair, the developer stated that he had been happy to work with the City in developing these plans but felt that better coordination should be established to allow decision making at an earlier stage BLVD NAIN ST PARADISE DRIVE ABSENT COUNCILNAN Drohan NOES COUNCILHEN None AYES COUNCILNEN Bremer Fanning Hoffmire Strawbridge The question was up to Hanager program called for and Fanning put the question to the developer whether there were tions concerning view, to which Mr. Kurt Heath responded that view must be preserved by all other lot m~ners. To Miss Anne question as to whether the subdivision was large enough to come legislative requirement regarding mandatory dedication of parks, the stated that a park site had already been offered to the City and it was no~~ the City to decide how to accept it. The Chair then directed the City t~ put before the Parks and Recreation Commission the question of a for ncceptance of offers of dedication of park lands the motion unanimously passed deed restric- every existing Ellinwood's under the developer It was then moved by Strm~bridge, Fanning, that the Tentative Map of the EI Marinero Subdivision Unit No. be approved, as set forth in Resolution No. 12 adopted by the Planning Commission and as corrected under (2) of conditions imposed. seconded by I By report dated September 20, 1966, the Development Administrator stated that the Planning Commission, at its September 6, 1966 meeting, had approved the tentative map for subject subdivision, located west of Marinero Residence No. 1 being an extension of Sugar Loaf and Phyllis Drives and containing 40 single-family residential lots. The Development Administrator read the seven conditions imposed by the Commission in passing Resolution No. 12 approving the tentative map, and noted that the condition cited under (2) should properly read: lithe developer in conference with the shall design an intersection satisfactory to the Cit Engineer at of Sugar Loaf Drive adjacent to Lot No 14:0 City Engineer the division TEdTATIVE HAP - EL Heath Land Company File No 2004.1 Hinutes if~93 City Council HARnmrro UNIT 1 -6- 26 September 1966 By report dated September 19, 1966, the City Manager outlined in detail the matter of county service areas for structural fire protection proposed COUNTY SERVICE AREA FOR STRUCTURAL FIRE PROTECTION Consent to Hearing The City Manager then exhibited a chart prepared by the Administration"s Staff in its continuing study of the effect of taxation on areas involved in proposed annexation. ABSENT COUNCILHEN Drohan NOES COUNCILMEN None AYES Motion by Strawbridge, seconded by Bremer, that the recommendations of the City Manager be accepted and the City of Tiburon decline the City of Mill Valley's invitation to join in said petition unanimously passed COUNCILHEN Bremer Fanning Hoffmire Strawbridge The recommendations of the City Manager were that the City of Tiburon decline in such a petition on the grounds that the merger proposal of the is separate and distinct and any choice between the two would acted on by entirely the same people or affecting entirely further, that the City Council not in the question considering the petitions now LAFC to join City of Tiburon not be a choice the same lands; of precedence in intervene pending before The City Manager, by report dated September 21, 1966, stated the City Council of Mill Valley, in a letter dated September 13, 1966, had asked the City of Tiburon to join with them in a petition to the Local Agency Formation Com- mission to permit the cities of Tiburon and Mill Valley to proceed simultan- eously with annexation proposals now pending. The City of Mill Valley also has asked the LAFC to hear the petition for the alternative formation of a City of Strawberry first LAFC HEARINGS ON OCTOBER 20 1966 Ai\JNEXATION PROPOSALS ABSENT COUNC ILHAN Drohan NOES COUNCILMEN None AYES Motion by Fanning, seconded by Bremer, mendation be accepted and the tentative COUNC ILMEN Bremer Fanning that the Planning Commission"s recom- map approved unanimously passed Hoffmire Strawbridge 1966, the Development Administrator stated the Planning Commission on September 6 that the City Council approve said map By report dated the subject and it l-Jas September 20 map was reviewed by their recommendation that 1966 TENTATIVE t1AP - P~SUBDIVISION ~~RINERO SUBDIVISION Jean Bell, Applicant P. C. File 20012 OF LOTS 2 3 4 5 and 6 ADSENT COUNCILNAN Drohan NOES COUNCILHEN None AYES Hoved by Strawbridge, be authorized to purchase Sales of San Rafael in the COUNCILHEN seconded by Bremer, that the Public Works Department the truck and accepting the bid of the Ames Ford total amount of $3,423.72 unanimously passed Bremer Fanning Hoffmire Strawbridge The Superintendent of Public Works was recognized and stated the bid of Ames Ford Sales, San rrafael, was the lowest and noted an error in their bid--the correct figure being $3,423~72 including sales tax Hinutes #93 City Council -7- 26 September 1966 Uinutes 1193 City Council -8- 26 September 1966 by the County of Marin. It was moved by Strawbridge, seconded by Fanning, that the City Manager be directed to file the report as recommended; unanimously carried: AYES: COUNCILHEN: Bremer, Fanning, Hoffmire, Strawbridge tJOES : COUNC ILi'lEi'T: i.-Tone ABSENT: COUNC ILI1AN: Drohan ACCEPTANCE OF PUnLIC DJIPROVENENTS Pine Terrace Subdivision By report dated September 12, 1966, the City Engineer recommended that the City Council authorize acceptance of the improvements and cancellation of the performance bond for the development of the Pine Terrace Subdivision, and that he be authorized to so advise the Marin County Director of Public Works, who will request the Board of Supervisors to cancel the bond. Motion by Strawbridge, seconded by Bremer, that the recommendations of the City Engineer be accepted unanimously passed: AYES: COUNCILt-lEN: Bremer, Fanning, Hoffmire, Strawbridge NOES: CO UNC ILNEN: None ABSENT: COUNCILNAN: Drohan UNDERGROUNDING OF UTILITIES By Agenda Bill dated September 20, 1966, the City Engineer stated that the Pacific Gas and Electric Company has advised the City of its intent to place all electrical utilities underground on the Main Street portion of the Under- ground District established by Ordinance No. 37. At this time it was re- quested that the Council set a date for public hearing. The Chair so directed that the hearing shall be set for November 28, 1966.. Strawbridge questioned why the few poles remaining on Main Street should not also be removed and the undergrounding extended to the Belvedere city ltmits at that location~ Dick Conrad, representative of Pacific Gas & Electric Company, was recognized and stated that, partially, the undergrounding had not been extended for economic reasons. He also stated that a requirement for undergrounding is that an overhead source be made available at each end of such undergrounding to minimize outage time and referred to the need for overhead lines to service Corinthian Island. The City Manager stated that in defining the underground area, it had originally been drawn to include commercial areas only; the remainder of Main Street to the Belvedere city limits was not commercial-zoned and thus not included. Allan Steinau was recognized and stated his client, Belvedere Land Company, was developing commercial and apartment buildings in this area, using under... ground transmission lines for utilities, and would be receptive to having the poles removed. As it was the sense of the Council that the few poles remaining might be removed in favor of undergrounding, The Chair requested Mr. Conrad to develop figures on the additional expense that might be involved, and directed the City Engineer to work with Mr. Conrad and report their findings to the Council DISSOLUTION OF TIBURON AND BELVEUON GARDENS LIGHTING DISTRICTS Consent On direction of the Chair, reports for the month of August 1966 for the REPORTS VI Report dated September 13, 1966 of the City Manager concerning a statement of overall objectives in urban beautification wa s referred by The Chair to the Planning Commission and Parks and ~ecreation Commission REPORTS URBAN It was the sense of the Council that the City Attorney should contact Mr~ Tom Hardcastle, Marin County Director of the Golden Gate Bridge and Highway District for his assistance in the preparation of the City's protest BEAUTIFICATION PROGRAH ABSENT COUNCILHEN Drohan NOES COUNC ILHEN: None AYES lwved by Strawbridge, seconded by Bremer, Manager be adopted unanimously passed COUNCILHEN Bremer Fanning Hoffmire Strawbridge that the recommendations It was the recommendation of the City Manager that the Council the City Attorney to file a protest against the proposed increase at appropriate time on the grounds that the increase is unwarranted, at least since reduction in service on the Tiburon run with elimination of the Reed Ranch Road stop; and further that Tiburon should not be classified as Zone 4 but in Zone or 3 of the City 2 authorize the County Public Belvedere Franc isco Francisco Se mber 12, 1966, Bremer presented the subject of e~u~ of 7% by Greyhound Lines for passenger fares n and Exhibit C, part of Greyhound Lines' application to the ommission, were displayed and it was noted that the Tiburon- shown in Zone 4, a designated distance of 24 miles from San Mill Valley is designated as Zone 2 19 miles from San a proposed in Marin nus FARE INCREASE Greyhound Lines ABSENT COUNCILNEN Drohan NOES COUNCILHEN Fanning AYES COUNC ILl-lEN: Bremer the motion passed Hoffmire Strawbridge The question was called for and In the discussion which followed, the City Manager pointed out that spreading the cost of lighting for these two districts over the entire will probably require between $.020 and $.025 increase in the 1967 tax it will result in savings in the Be1veron Gardens and Tiburon District and he pointed out the significant value lighting has in police and fire tection. Fanning expressed the thought that ~~ith annexation it might be desirable to dissolve other lighting district and felt it would be better give the matter consideration at a later date to ,,,hi1e city rate, taxes pro- It was moved by Strawbridge, seconded by Bremer, that the recommendations of the City Manager be accepted and that the Board of Supervisors of the County of Marin be advised of the City's desire to dissolve the two lighting districts TIy report dated September 19, 1966, Strawbridge presented the solution of Tiburon and ne1veron Gardens Lighting Districts posed by the City Manager in April of 1965 and now proposed l:1arin. It was the recommendation of the City Hanager that to dissolution of these two districts matter of dis- originally pro- by the County of the Council consent .~inutes #93 City Council -9- 26 September 1966 Hinutes 4fr93 City Council -10- 26 September 1966 Tiburon Police and Sheriff Station, Development Administrator and Department of Public Works were accepted and ordered placed on file. The Chair commended the Development Administrator on his report. ANALYSIS OF DOvlNTOWN DRAINAGE STUDY McCreary-Koretsky, Engineers The Chair directed that Agenda Bill dated September 20, 1966 by the City Engineer be referred to the Public Services Committee and requested that they work ,<lith the subcommittee formed by the City of Belvedere in consider- ing the matter. Allan Steinau, representing the Belvedere Lagoon Property Owners Association, requested that this group be included in such discussion and included on the mailing list for reports. Fanning stated that consideration should be given to alternatives, should the Belvedere Lagoon Property Owners not accept the plan ultimately evolved. GENERAL PLAN tJ 7 01" PROGRAM File No. 70011 Report dated September 20, 1966 of the Development Administrator was accepted. It was the sense of the Council that the Development Administrator should continue to consult with the County Planning Director on the possible alter- native preparation of a zoning ordinance by the County. The Chair noted the contribution made to the City by ~Ir. John McChesney in the recent matter of Prince Charlie's Inn. He stated that Mr. Jim Rice was accepting contri- butions to defray the legal costs and felt that citizens who would like to contribute might be advised through the local papers. The Superintendent of Public t~orks was recognized and stated Frank Brooks had been hired as a maintenance man on September 15, 1966. EXECUTIVE SESSION At 11:45 P.M. the Council was convened in Executive Session to discuss pending litiga- tion. VII. ADJOURNHENT There being no further business The Chair declared the meeting adjourned at 12:30 A.M. September 27, 1966. ~/') ~ . .-- . C~_ City Clerk Approved by the Council on 7 October 1966 NOTICE OF SPECIAL MEETING I, Stephen H. Nash, Chairman of the Planning Commission of the City of Tiburon, do hereby call a special meeting of the Planning Commission of the City of Tiburon, to be held at 8:00 p.m., 11 October 1966, in the Council Chambers of the City Hall, 80 Main Street for the following purpose: TO CONSIDER JOINTLY WITH THE CITY COUNCIL AND THE PARKS AND RECREATION COMMISSION THE MATTER OF SHORE-BASED FACILITIES FOR ANGEL ISLAND. STEPHEN H. NASH Commissioner by direction: LAWRENCE D. ROSE City Manager LDR/eh cc: Planning Commission City Council Parks & Recreation Commission Press ABSENT COUNCILMAN Fanning NOES COUNCILMEN: None AYES Motion by Bremer, unanimously passed COUNCILMEN Bremer Drohan, Hoffmire Strawbridge seconded by Drohan that subject Ordinance No. 65 be adopted ABSENT COUNCILMAN Fanning NOES COUNCILMEN None AYES Moved by Bremer, seconded by Drohan, ordinance unan~ously carried COUNC ILMEN Breme r Drohan to dispense with Hoffmire Strawbridge further reading of the An ordinance entitled AN ORDINANCE OF THE DEFENSE AND DISASTERS, brought out of the passed first reading at the September 26 reading and adoption. CITY OF TIBURON Public Services 1966 meeting came RELATING TO CIVIL Committee and having on for second INCLUSION IN COUNTY DISASTER AND Second Reading and Adoption CIVIL DEFENSE PROGRAM IV ORDINANCES ABSENT COUNCILMAN Fanning NOES COUNCILMEN None AYES Motion by Strawbridge, meeting held September COUNC ILMEN seconded by Bremer, 26 1966 unanimously Bremer Drohan to approve as carried Hoffmire Strawbridge submitted Minutes 1fr93 for the III The Chair recognized the presence in the audience of numerous ment class at Redwood High School, as well as members of the press, representing the Independent-Journal and Nadine Luc and Joan Irwin Ebb Tide. APPROVAL OF MINUTES students from the govern- Elizabeth Johnston, representing the Lawrence D. Rose, City Manager-City Clerk Robert I. Conn, City Attorney Richard Breiner, Deputy City Attorney Phil V. Scott, Development Administrator Samuel Shapero, City Treasurer EX OFFICIO ABSENT COUNC IUV1AN Fanning Bremer Drohan Hoffmire Strawbridge PRESENT COUNClli1EN II The regular meeting of the City Council of the City of Tiburon was called to order by Mayor John S Hoffmire Jr. at 8:15 P.M in the City Hall Council Chambers ROLL CALL State of California, on October 10, 1966 I CALL TO ORDER l"linutes 1194 CITY CITY COUNCIL OF TIBURON 10 October 1966 Minutes 4194 City Council -2- 10 October 1966 ESTABLISHMENT OF BOARD OF DESIGN REVIEW Response of Planning Commission and First Reading An ordinance entitled AN OP~INANCE OF THE CITY OF TIBURON ESTABLISHING A BOARD OF DESIGN REVIEW AND DEFINING ITS DUTIES, having been amended and passed first reading on September 26, 1966 and referred to the Planning Commission, came before the Council with the recommendation of the Planning Commission at its October 3, 1966 meeting that the ordinance be amended to provide that approval by the Board of Design Review of private master plans shall be by three affirma- tive votes. 110ved by Drohan, seconded by Bremer, that Section 4 of the ordinance be amended by inserting immediately prior to the last sentence: "Approval of private master plans shall require three affirmative votes." Strawbridge indicated approval of the amendment, stating he felt this provision might answer the objections expressed when the ordinance was introduced on Sep- tember 26, 1966. Miss Anne Ellinwood was recognized and presented to the Council a letter dated October 10, 1966, which was read, urging adoption of the amendment, but stating continuing objection to the delegation of such power directly to the Board of Des ign Revie1;\7. The letter further called attention to the need for ordinances regulating the Board of Design Revie~~ and Board of Adjustments to conform in the matter of appeals. The letter was accepted and contents noted. The Deputy City Attorney noted that in passing '&:he ordinance on first reading, changes adopted at the September 26, 1966 meeting providing for appeal procedures were incorporated. The question was called for and the motion to amend unanimously passed: AYES: COUNC ILMEN: Bremer, Drohan, Hoffmire, Strawbridge NOES: COUNC IU1EN: None ABSENT: COUNC Ill-tAN: Fanning Moved by Bremer, seconded by Drohan, that further. reading be dispensed with and the ordinance, with amendments, be considered as having passed first reading; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Hoffmire, Strawbridge NOES: COUNC ILMEN : None ABSENT: COUNC ILMAN: Fanning HEATING AND COMFORT COOLING CODE AMENDMENT OF ORDINANCE NO. 49 Second Reading and Adoption An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO. 49 KNOWN AS "CITY OF TIBURON BUILDING ORDINANCE", having been introduced and passed first reading on September 12, 1966, and having been referred to the Tiburon, Alto and Belvedere Fire Districts for review and comments, came on for second reading and adoption. The Development Administrator stated the ordinance had been referred to the districts, who \'1ere aware that the ordinance was before the Council at this meeting. No objections having been expressed, it was moved by Drohan, seconded by Bremer that further reading of subject Ordinance No. 66 be dispensed with and the ordinance be adopted. Motion unanimously passed: AYES: COUNCILMEN Bremer, Drohan Hoffmire Stra~o1bridge NOES: COUNC IU~EN None ABSENT COUNCILMAN Fanning ABSENT COUNCILMAN Fanning NOES COUNCILMEN None AYES Bremer Bremer introduced a bill out of the Public Services Committee recommending omnibus adoption of Resolution No. 122 relative to workmen'~compensation benefits for registered volunteer "disaster service t-lorkers", Resolution No. 123 relative to organization of the program, and Resolution No. 124 relative to California Disaster and Defense Master Mutual Aid Agreement, and so moved the adoption of seconded by Drohan, unan~ous1y passed Civil these resolutions COUNCILMEN Drohan, Hoffmire Stratl7bridge IMPLEMENTATION OF Resolutions Nos CIVIL DEFENSE AND DISASTER 122 123 ;.und 12L} PROGRAM v RESOLUTIONS ABSENT COUNCILMAN Fanning NOES COUNCILMEN None AYES The Chair declared the hearing closed. It was moved by Strawbridge, seconded by Bremer, that the ordinance to reclassify this property as an RP-2 District, having been read in full be considered as having passed first reading Motion unanimously passed' COUNCILMEN Bremer Drohan Hoffmire Strawbridge Mr. Carter Wilkinson tl7as recognized and questioned the density of the proposed development. The Deputy City Attorney responded that rezoning at this time WOUld~~~~~~i~~Z6uuntil ~ast~r Plan is approve~his pertYAwou d b 'agriouffffrarL ~~nsity would be determined at the of hearing the development plan. pro- time The Chair expressed the thought that the possibilities of developing Vereda Path in line with consideration by the Lands on standards he would streets to statement specifications street for City Engineer should investigate the into an access road; and Drohan stated and Development Committee of a policy ask that the City Engineer draft some incorporate in such a statement Mr. Milton McDonogh was recognized, stating was wide enough to bring it up to standards might be given to its development as utility pole stands in the center of an access the pathtl7ay that set he did not by the County; road but at the believe that present the path consideration time a Mr. Russell Baker lIas recogmized and questioned whether Vereda Path might not be considered for development of a road to accommodate the increased traffic created by such development The Development Administrator stated that i17hi1e no direct opposition to the zoning change had been expressed at the previous hearing, there had been some concern about instability of the ground and the proposed height of buildings however. these matters would be discussed at the required hearing for a use permit should the ordinance be adopted for the zoning change The Chair declared the the proposed ordinance, ORDINANCE NO.5, THE ZONING CERTAIN REAL PROPERTY AS AN matter open for public hearing, and Drohan read in full entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE OF THE CITY OF TIBURON, TO RECLASS IFY RP-2 DISTRICT. The Planning Commission on September 6, application to change zoning of Lots 1, located between Mar East and Linda Vista of those streets, be approved, the matter hearing and introduction of an ordinance 1966, 2, 3, Avenue that the Golden View Heights, just east of the intersection was now before the Council for to effect the zoning change having recommended L:. and 8 of ZONE CHANGE FROM R-2 to P~-2 File No. 60007, Lucy F. Bridge, Applicant Hea~ing and Introduction of Ordinance Hinutes 4194 City Council -3- 10 October 1966 purpose. decision Council It was the sense of the Commission be informed Drohan stated concerning his Council, and the Chair so directed, that the Planning of the Council's interest in having a study made for this that when advising the applicant of the Council's appeal that he also be informed of this action of the In ensuing discussion, the City Manager put before to the Planning Commission that consideration Boulevard of attractive, uniform directional hoods located off the Boulevard. the Council a proposal made be given to erection on Tiburon signs or panels indicating neighbor~ It was moved by Strawbridge of Design Review in denying seconded by Bremer, that said application be upheld the decision of the Board By report dated October 3, 1966, the Development Administrator presented appeal of the applicant from a decision of the Board of Design Review at September 19, 1966 meeting denying the placing of two off-site signs property--one at the corner of Tiburon Boulevard and Reed Ranch Road at the corner of Reed Ranch Road and Cay ford Drive the its on public the other APPLICATION FOR Lawrence COlin SIGN PERMIT Applicant REEDLANDS WOODS VI APPEAL ABSENT COUNCILMAN Fanning NOES COUNCILMEN None AYES Question on the animously passed COUNCILMEN Bremer Drohan Hoffmire Strawbridge adoption of Mr. Donald S. Tayer, recognized and stated looked in the protest Reedlands that the Resolution No Property Owners Association representative, was matter of the rate increase should not be over- 125 was called for and the motion un- At the direction of The Chair, the City Manager will notify the Golden Gate Bridge and Highway District Board of the City's concern about the effect of such prior agreement on the increase now proposed Mis s Anne a previous hound Lines Marin County . Ellinwood was recognized and called the attention of the Cou agreement between the Golden Gate Bridge and Highway District ~~.~ concerning fare increases and felt that on behalf of the commuters the City should include reference to this agreement in its protest to ...r.d Grey- of L To a question from the audience whether school bus fares were included proposed increase, the Deputy City Attorney responded that it was his that school bus fares would not be included as they came under a in the opinion separate contract To Strawbridge's the protest, the the inequities in a-vis other cities Tiburon run question as Deputy fares be would San in inc luded in be based on Franc isco vis- service on the It was adopted moved by Drohan At its meeting of 26, 1966, the Council author to lodge a protest California Public Utilities '--'-'...... of the petition of Greyhound Lines for a 7% increase in commuter fares The Deputy City Attorney requested ~doption of Resolution No. 125 to meet the requirement that a certified copy of resolution of the City authorizing the pro- test be filed with the Commission, and the City Manager to appear before the Commission to present the seconded by Strawbridge authoriz ing City's protest that Resolution No 125 be September TiJ i th the Pac if ic the City Attorney ~~~.ission in the matter BUS FARE INCREASE, GREYHOUND LINES Authorization to Protest Hinutes 4194 City Council -4- 10 October 1966 Motion by Strawbridge, seconded by Bremer Manager be adopted unanimously carried that the recommendation of the City On beha the Administra~on and Finance Committee, Strawbridge presented report ~~ September 26, 1966 with the request of the City Manager that a deficiency allocation of $300.00 from the Contingency Fund to the General Fund be authorized and appropriated to Alc A504 to cover a billing of $291.48 from the County Clerk for election expenses incurred during the April, 1966 municipal election of ..3 ""ted DEFICIENCY APPROPRIATION Election Expenses The City Manager stated that in accordance with Development Administrator as Acting City Manager would be away from the City from October 15 until ordinance, he in his absence, and October 29 1966 would appoint stated the that he , ABSENT COUNCILMAN Fanning NOES COUNCILMEN None AYES Motion by Strawbridge mously passed COUNCILMEN B reme r Drohan Hoffmire Strawbridge seconded by Drohan Strawbridge presented report dated October 4 1966 requesting approval City Manager to attend the Annual Conference of the League of California to be held in San Diego from October 16 through ~9, 1966 and the Annual Con- ference of the International City Managers Association, to be held in Phoenix, Arizona from October 23 to 27 1966 funds for which have already been budgeted that such approval be given unani- for the Cities ATTENDANCE AT CONFERENCES Request for Authorization ABSENT COUNCILMAN Fanning NOES COUNCILJ:v1EN None Strawbridge AYES Motion by Strawbridge, seconded by Bremer, that the Mayor be authorized to execute these agreements as recommended unanimously passed COUNCILMEN Bremer Drohan Hoffmire Strawbridge presented report dated October 4, 1966 with the recommendations the Administration and Finance Committee and the City Manager that the Mayor be authorized to execute lease-purchase agreements for a dry-photo copier in the amount of $1,731.00 and a loader in the amount of $3,235.80, having been authorized by the Council on September 12, 1966. It was further recommended that the Mayor be authorized to execute a lease-purchase agreement for the 3-yard dump truck approved by the Council on September 26. 1966 EXECUTION OF LEASE-PURCHASE AGREEMENTS Authorization of VII MINUTE ORDERS A short recess was declared by The Chair reconvening the meeting at 9:51 P.M ABSENT COUNCILMAN Fanning NOES COUNCILMEN None AYES The question was called for and the motion upholding of Design Review unanimously passed: COUNCILMEN Bremer Drohan Hoffmire Strawbridge Minute s 4f94 City Council -5- the denial 10 October by the Board 1966 By Agenda Bill dated October 4 1966 it TiJas reported that a letter from the PURCHASE OF NORTHWESTERN PACIFIC RAILROAD RIGHT-OF-WAY ABSENT COUNCILMAN Fanning NOES COUNCILMEN None AYES COUNC ILMEN Bremer Drohan Hoffmire Strawbridge The question was then called The City Manager was instructed with his recommendations and in for and to negotiate the meanwhile the motion unanimously passed an attenuated program to continue to seek in accordance federal funds program as pledge and the City's Mr. Donald reiterated Strawbridge put the question of the total cost involved in the program if the City were to proceed without federal participation. The City Manager stated that $4,500 has been budgeted and $500 would be available through the pledge of the R.P.O.A., and stated a factor affecting costs would be whether irrigation of the landscaping could be done by hand or whether an irrigation system might be required. The Chair questioned whether a watering truck had been budgeted by the City, to which the City Manager responded that none is included; how- ever he had contacted the State Division of Highways who informed him they leased equipment of this type for their own needs, and the City Manager had made inquiry of a company which provides irrigation service for $80.00 monthly Tayer, representing the the Association's desire to soon as possible, taking into the City's $4,500 budgeted amount, position in obtaining matching funds Reedlands Property Owners Association, undertake as much of the landscaping the remaining $500.00 of their did not want to jeopardize account but It was moved to negotiate scaping plan, to direct purchase by Drohan, seconded by Bremer, that with the Reedlands Property Owners include consideration of performing of materials the City Manager be authorized Association an attenuated 1and- the work by day labor and The City Manager's recommendation also be delayed until the next ments present policy of and it is quite possible the City noted that should the fiscal year, there is no assurance restricting non-critical that no federal matching programs will funds will be landscaping program that the govern- have been lifted available to It was the recommendation of the City Manager that he be authorized to negotiate with the Reed1ands Property Owners Association an attenuated landscaping plan which will be feasible within local funds presently budgeted and should an acceptable plan be that the City Council authorize consideration of the possibility of the work by day labor and direct purchase of materials negotiated performing On behalf of the Lands and Development Committee, Drohan presented report dated October 3, 1966 concerning the program, adopted by the Council on February 28, 1966, for the landscaping of Tiburon Boulevard median islands and Reed Ranch Road at its intersection with Tiburon Boulevard. Anticipating that federal beautification funds would be available on a matching basis, the City Council had budgeted $9,000 for Capital Improvement Construction Project 67R-ZO and appropriated $4,500 in local funds for the City's share of the por- tion of the work on Tiburon Boulevard for which the City would liable was estimated as $3,952.20, the portion to be installed the Reedlands Property Owners Assoc iation Inc jointly was $4.717.30 or a total of $8.669.50. cost. The be totally by the City and estimated as LANDSCAPING PROGRAM Tiburon Boulevard at Reed Ranch Road ABSENT COUNCILMAN Fanning NOES COUNC IUvIEN None AYES Minutes 1194 City Council COUNCILMEN Bremer Drohan -6- Hoffmire Strawbridge 10 October 1966 Minutes #94 City Council -7- 10 October 1966 Reedlands Property Owners Association, Inc. dated September 27, 1966 advised that their membership unanimously voted support of the concept of a bicycle- pedestrian path-tolay on the right-of-"(vay "(vhen that right-of-way is abandoned by the railroad. It was moved by Drohan, seconded by Bremer, that the letter be noted and transmitted to the Parks and Recreation Commission for consideration after the I.C.C. ruling on the petition for abandonment is handed down. Motion unani- mously passed: AYES: COUNC ILI'1EN : Bremer, Drohan, Hoffmire, Stra"toJbridge NOES: COUNCILMEN: None ABSENT: COUNCILMAN: Fanning COUNTY SERVICE AREA FOR EXTENDED POLICE PROTECTION Hearing - County of Marin On behalf of the Administration and Finance Committee, The Chair presented report dated October 4, 1966 carrying the City Manager's recommendation that the Mayor be authorized to appear before the Board of Supervisors at its public hearing on October 25, 1966 in support of the formation of County Service Area No. 12 to provide extended police protection to unincorporated areas of the County, or alternatively, that the Mayor be authorized to file a letter with the Board of Supervisors supporting the formation of such service area. It was moved by Strawbridge, seconded by Bremer, that the City Manager's recom- mendation regarding this public hearing be accepted. Following some discussion, the question was called for and the motion unani- mously passed: AYE S : COUNCILMEN: Bremer, Drohan, Hoffmire, Strawbridge NOES: COUNC ILMEN : None ABSENT: COUNC ILMAN: Fanning CLAIM FOR BODILY INJURY AND PERSONAL PROPERTY DAMAGES Dorothy Roberts By Agenda Bill dated September 26, 1966, a bodily injury and personal property damage claim dated September 8, 1966 on behalf of Dorothy Roberts was put before the Council with the recommendation of the City Attorney that the claim be rejected since the land and the culvert where the accident occurred are not under the control of the city. Motion by Strawbridge, seconded by Drohan, that the claim be denied and referred to the City's insurance carrier unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNC ILMAN: Fanning ACCEPTANCE OF BARNER LANE AS PUBLIC STREET By report dated October 5, 1966, the matter of accepting Barner Lane as a public street was put before the Council with the recommendation of the City Engineer that it be referred to the Public Services Committee and, further, that the Council consider acceptance of Barner Lane on the basis that resident- users pay a pro-rata cost of placing the street in condition to meet City standards, the pro-rata share to be based on frontage and the City assuming the balance of the costs He further noted that at Formation Commission had poration petition of the request of the postponed hearing certain Strawberry residents City of Mill Valley, the Local Agency on annexation applications. and the incor- until November 10 1966 and ~p~pe's Department in Tiburon for purpose of would be held October 11, Recreation Commission and of Parks the Recreation landing 1966 by the to discuss City policy concern- ferries VIII QUESTIONS ABSENT COUNCILNAN Fanning NOES COUNC ILMEN None AYES It was back to Highways concerning mously carried COUNC IL:ME N Bremer Drohan Hoffmire Strawbridge moved by the City Manager concerning widening of amendment of the plan Strat.Jbridge, for seconded further the by D140han, negotiations former bus submitted for stop, the sidewalk that with and the the to matter be referred State Division of the City Engineer Motion unani- to the current res idents entrance of but bus stop his area this City . Mr. Tayer would much prefer had been considered as came the alternative again recognized and having a bus stop at the less-expensive sta the L\.~....I alternative The City Manager reminded the Council that when Greyhound Lines the bus stop at Reed Ranch Road, negotiations were held with the of Highways and it was determined that the sum of.$3 000 would be satisfactorily widen the bus this proposal about because Council's request that the investigate of stop, and Manager v]as a path that the n"''''dlands discontinued State Division required to of the Mr. Donald Tayer was recognized and speaking on behalf of Reedlands residents emphasized the need for the sidewalk in protecting residents, including high school students, who must walk along the highway for a considerable distance to the bus stop and stated this was an especially dangerous situation in weather. It was also his suggestion that the sidewalk at wood Beach Road to allow crossing Tiburon Boulevard at provide that steps point rainy Green- The City Manager displayed would be laid, and it was meandering walkway might a plan the be ,.,hich expression of cons idered indicated The Chair where the that a proposed sidewalk more attractive report engineering $2,146.70 plus permit that the work be financed not previously budgeted. authority be given to let ';.Jork the matter of was put before Council a proposal had been received from Cecotti & Son, general contractors of Corte Madera, to perform the work for the sum of fees, and it was the recommendation of the City Manager from Contingency Fund as it was a new project It recommendation of the City Engineer an contract with said firm to the \Vas the informal accomplish that the By report of of a sidewalk The stated the City Engineer dated October from Reed Ranch Road to 5, 1966, Jefferson Court construction the SIDID~ALK FROM REEDLANDS TO JEFFERSON COURT ALONG TIBURON BOULEVARD Dunlap Smith was recognized, as one of the two residents Lane as access to their property, and stated that the aspects should be considered by the City's attorneys nized and stated that the report wherein it referred having appealed to the City to accept the for maintenance, should read to the effect would include having the of the lane as the street ing maintenance a that chuck holes traveled appeal filled by right-of-way City to accept City and accept- Dr. P. Barner street their Mrs to Dr. and the public to the the At Bremer"s request, The Chair directed that the matter be placed before the Lands and Development Committee instead of the Public Services Committee Hinutes 1194 City Council -8- 10 October 1966 on 1966 ~) ./ Upon motion by Drohan, seconded by Bremer the meeting was adjourned until 8 October 11, 1966 at the City Hall Council Chambers when the Council will meet joint session with the Planning Commission and Parks and Recreation Commission consider shore facilities for ferry service to Angel Island The motion having passed unanimously the meeting adjourned at 11:37 P.M 00 in to P.M x of the City Engineer, presented report dated October 4, concerning the interest of expressed at its September 26, 1966 meeting in extending undergrounding along Main Street westerly to its junction Beach Road rather than terminating at the Tiburon Vintners site. Because of low user-density for this remaining portion of Main Street, the Pacific Gas they could not consider extension beyond the District means of financing were found boundary unless at the & Electric On behalf 1966 Company regretted some alternative ADJOURNMENT StraHbridge the Council UNDERGROUND UTILITY DISTRICT / ABSENT COUNCILMAN Fanning NOES COUNCILl'1EN None AYES COUNCILMEN Bremer Drohan Hoffmire Strawbridge Moved by Register mously passed StravJbridge, of Claims No seconded by Drohan 27 for September that fiscal reports for September and 1966 be approved as submitted unani- REPORTS OF TREASURER, CITY ~~NAGER Month of September, 1966 At the in the named Strawbridge IX request of The Chair, Bremer accepted appointment as Association of Bay Area Governments, which will meet as alternate to attend these meetings REPORTS the City's representative on November 4, 1966 and Miss Ellim-Jood sign, to property been taken received, if necessary which owne r also questioned the Development and the bakery company a certified letter will the placing of Administrator the transmitted of be the prominent responded that infraction and after "Lady Baltimore" bakery the City had notified the communication had action may be since which no legal To Niss viet-Jed by the Deputy City Attorney Ell imoJood . s Board question of Design responded on vJhether a n . ..\.ev l.et'l that a would 2:1 1 vote constitute vote .t-1ould be v] i th regard denial or a denial to a master plan automatic appeal re- the 2 that the of the Planning submitted by the of the validity of establishing said Board Planning Commission's Commission and its actions Board w., <>nonded the question ol-d inance actions had by reported T"\"wntown that the and Recreation Commission is giving consideration Sketch Plan the aim of having its final recommendations to the the 15th of November Parks Hith to Bremer stated that a joint meeting will be held upon the return of the City Engineer to the City on the matter of the flood control problem and Belvedere Lagoon. Strawbridge stated he Councilmen and tllas of officials to had the speak before opinion it t.]hen recently attended a that the meeting City should considering county-wide of the invite Council of Mayors and appropriate County areas of interest lvlinute s 4ft94 City Council -9- 10 October 1966 I1inutes f/95 CITY COUNCIL 24 October 1966 CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council of the ~ity of Tiburon, State of California, was called to order by Mayor John S. Hoffmire, Jr. at 8:08 P.M. on October 24, 1966 in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Bremer Fanning Hoffmire Strawbridge ABSENT: COUNCILMAN: Drohan EX OFFICIO: Phil V. Scott, Development Administrator and Acting City Manager Robert I. Conn, City Attorney Richard Breiner, Deputy City Attorney Ray Foreaker, City Engineer III. APPROVAL OF MINUTES Strawbridge noted that a correction in wording should be made to page 3, second sentence of paragraph seven of Minutes #94 for the meeting of October 10, 1966. The Deputy City Attorney suggested the sentence be clarified as follows: "The Deputy City Attorney res- ponded that rezoning at this time would not affect the density since until ~ Master Plan is approved !2r this property the only use of the property would be agricultural. Den- sity would be determined at the time of hearing the development plan." Moved by Strawbridge, seconded by Bremer, that Minutes #94 of the October 10, 1966 meet- ing be approved as corrected; motion unanimously passed. AYES: COUNCILMEN: Bremer, Fanning, Hoffmire, Strawbridge NO ES : COUNCILMEN: None ABSENT: COUNCILMAN: Drohan IV. ORDINANCES ESTABLISHMENT OF BOARD OF DESIGN REVIEW Second Reading and Adoption An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ESTABLISHING A BOARD OF DESIGN REVIEW AND DEFINING ITS DUTIES, having been amended and passed first reading on October 10, 1966, now came on for second reading and adoption. Motion by Fanning, seconded by Strawbridge, that the ordinance be read by title only unanimously passed: AYES: COUNCILMEN: Bremer, Fanning, Hoffmire, Strawbridge NOES: COONC ILMEN: None ABSENT: COUNCILMAN: Drohan Following reading by title, it was moved by Fanning, seconded by Strawbridge that Ordinance No. 67 be adopted; unanimously passed: AYES: COUNC ILMEN: Bremer, Fanning Hoffmire Strawbridge NOES: COUNCILMEN: None ABSENT: COUNC ILMAN: Drohan ZONE CHANGE - R-2 to RP-2 Lots 1, 2, 3, 4 and 8, Golden View Heights Lucy Bridge, Applicant Second Readin2 and Adoption It was then moved by Bremer seconded by Strawbridge that the ordinance ABSENT COUNCILMAN Drohan NOES COUNCILMEN None AYES With this correction noted, it was further reading he dispensed with COUNC ILMEN Bremer Fanning moved by Bremer, seconded by Strawbridge motion unanimously passed: Hoffmire Strawbridge that The Deputy City Attorney the words "City Engineer' where referred to in sub-sections called should attention to replace the (b) and (d) page word s 8, " Section 16, and stated that Development Administrator" After considerable discussion on the of undergrounded along with utility lines, was while full undergrounding ,~as highly desirable be accepted in this matter matter it requiring the sense that the of ordinance that such TV system the Council that as now drafted The Deputy City Attorney then read the 1966 addressed to the Council setting exclusive use of telephone facilities. of the Pacific Telephone & Telegraph Company ordinance for consideration by the Council be second page of his letter of October 4, forth a revision to Section 2 concerning The revision had been made at the request and had been incorporated in the To clarify legal ramifications Attorney had prepared of the ordinance now should grantee abandon necessary revisions which were before the Council the system, the City incorporated in the draft On the question of establishing that those who already have underground facilities will pay no higher cost than other CATV users, the City Engineer reported that discussions with C1earview Television revealed that costs of supplying underground service to certain users exceeds costs of going overhead and that while this com- pany preferred charging a higher rate for underground service, admitted that in some instances their charges were identical whether service was overhead or ground. The City Engineer stated it would be at the City's option whether should be a price differential between the two types of service under- there Bremer presented reports dated September 27, 1966 and October 19, 1966 of the City Engineer and the City Attorney prepared at the direction of the Council on Sep- tember 26, 1966 to answer questions raised when considering a draft of such ordi- nance. To the question of costs of undergrounding the CATV system along with utility lines, the City Engineer's report stated that the cost of installing TV cable underground in its own trench is about $11,000 per-mile as opposed to $5,000 per-mile if placed on utility poles, and that while cost information where tele- vision shares a common trench with other utilities was not available, this is done and there is some reduction An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON PROVIDING FOR THE GRANT- ING OF FRANCHISES FOR COMMUNITY ANTENNA TELEVISION SYSTEMS, PROVIDING TERMS AND CONDITIONS FOR THE OPERATION OF SUCH COMMUNITY ANTENNA TELEVISION SYSTEMS AND FEES THEREFOR, having been ordered on September 12, 1966 by bill adopted out of the Public Services Committee came on for introduction and first reading COMMUNITY TELEVISION ANTENNA FRANCHISE ORDINANCE Introduction and First Reading ABSENT COUNCILHAN Drohan NOES COUNCILMEN None AYES Motion by Fanning passed COUNCILMEN Bremer, Fanning Hoffmire Strawbridge seconded by Bremer An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ~mNDING ORDINANCE NO.5, THE ZONING Or~INANCE OF THE CITY OF TIBURON, TO RECLASSIFY CERTAIN REAL PROPERTY AS AN RP-2 DISTRICT, having passed first reading on October 10, 1966 now came on for second reading and adoption. Fanning read the ordinance in full that Ordinance No 68 be adopted unan~ous1y Ninutes 1F95 City Council -2- 24 October 1966 Strawbridge presented that in accordance with required to transfer the Fund, explaining that the have been paid by the City report of the City Manager dated October 17, 1966 requesting the requirement of Resolution No. 118, authorization was sum of $368.00 from the Deposit Fund to the General amount had accrued from plans check fees which would to a structural engineer had the Development Administra- TRANSFER OF FUNDS Deposit to General v MINUTE ORDERS A short recess l-las declared by The Chair the meeting reconvening at 9:23 P.M ABSENT COUNCILMAN Drohan NOES COUNCILMEN None AYES Since letter of the be continued until seconded by Bremer November 14 1966 COUNC ILMEN applicant, dated October the next meeting of the that the hearing be unanimously passed Bremer Fanning 17, 1966, requested that the matter Council, it was moved by Strawbridge, continued until the Council's meeting on Hoffmire Strawbridge By report dated October 18, 1966, The Chair stated that the appeal of applicant from a decision of the Planning Commission had been set for hearing this date and declared the hearing open APPEAL FROM PLANNING COMMISSION ACTION ON ZONE CHANGE AT 123 Hacienda Drive File No. 60002 Dr Paul E Wilson Applicant IV APPEAL ABSENT AYES NOES COUNC ILMAN COUNCILMEN COUNCILMEN Drohan Bremer None Fanning Stralo1br idge Hoffmire Motion by Strawbridge, seconded by Fanning, that the ordinance be considered as having passed first reading unanimously passed The Chair Attorney, than that then read in full the ordinance placed before the Council by the City which ordinance the City Attorney deemed more concise and effective originally submitted with the Agenda system, ordinance. 1 1967 as 19 1966, it was stated that having passed Resolution ~o approve such contract, at its September 12, 1966 meeting employees having voted unanimously on September 28, 1966 to execution of the contract would now be possible l-lith adoption The contract submitted as IlExhibit A", sets its date proposed effective An ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TIBURON AUTHORIZING A CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TIBURON AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA STATE EMPLOYEES' RETIREMENT SYSTEM came on for introduction and first reading CONTRACT BETWEEN THE CITY COUNCIL AND THE CALIFORNIA STATE EMPLOYEES RETIREMENT SYSTEM Introduction and First Reading ABSENT COUNCIL:MAN Drohan NOES COUNC ILMEN None AYES incorporating revisions contained on pages 2, 5 passed first reading motion unanimously passed COUNe ILMEN Bremer Fanning Hoffmire Stra'tolbridge Minutes 4;95 CL:y Council -3- 6 and 9 be considered as 24 October 1966 having ABSENT COUNCILMAN Drohan NOES COUNCILMEN None AYES COUNCILMEN Bremer Fanning Hoffmire Strawbridge The question Motion by Bremer, drawn in favor of Council take note Proposition No 1 l\TaS called seconded by Fanning, to adopt such resolution was duly with- a motion by Strawbridge, seconded by Fanning that the City of the recommendation of the Mayor on the passage of State for and motion unanimously passed The Chair presented his report dated October 19, 1966 stating that since County employees' association funds would be affected by the passage of State Proposi~ tion No.1, it was his recommendation that the Council pass a resolution endor- sing passage of this proposition on the basis that passage would result tax savings and would yield greater investment returns for the benefit participants in such state and county retirement organizations in a of the STATE PROPOSITION NO. liARIN COUNTY EMPLOYEES COMHON STOCKS - INVESTMENT OF ASSOCIATION FUNDS IN 1 ABSENT COUNCILMAN Drohan NOES COUNCILMEN None AYES The question was called for and motion passed COUNCILMEN Bremer Fanning Hoffmire Stral-1bridge Fanning suggested that since Resolution fiscal year requires that all transfers and the type of authorization herein Manager be instructed to present some tiously authorized by the Council to authorize No 118 of revenues requested shall means by which the transfers establishing the budget must be approved by be recurring, that transfers could be unanimous 1y for the the Council the City expedi- Moved by Strawbridge, of $5,996.52 from the Fund be authorized seconded by Fanning, that State Purpose Fund and $6 the transfer to the General Fund ,415.53 from the Traffic Safety Strawbridge presented report of the City Manager dated October 17, that the sum of $5,996.52, covering Public Works Payroll for July, September, the Development Administrator's salary for July, August and partial charges for police services in July, be transferred from Purpose Fund to the General Fund; and that the sum of $6,415.53 for police services for the months of July, August and September be the Traffic Safety Fund to the General Fund the costs of transferred 1966 requesting August and and from September State TRANSFER OF FUNDS- STATE PURPOSE AND TRAFFIC SAFETY TO GENERAL ABSENT COUNC ILMAN Drohan NOES COUNC ILMEN.: None AYES COUNC ILl-1EN Bremer Fanning Hoffmire Strawbridge The question was Fanning questioned by a structural responded that called whether the engineer, to it could not for and motion unanimously passed City could l-1h ich the be held liable City Engineer and if plans were not checked Deputy City Attorney It was moved by Strawbridge, seconded by Bremer for the transfer of these funds as requested that authorization be given tOL Minutes 4r95 City Council not personally made these plans checks -l,l- 24 October 1966 support week's Ebb the general of Tide public ,..".....:ng is Annexation Strawbridge recalled an outside auditor the Development that the Council and inquired whether Administrator to have the had decided the audit City Manager to have an annual audit performed by had been ordered. The Chair requested order the audit Annual Reports Strm~bridge inquired about the status of a report of the City Manager dated October 17 1966 concerning problems set forth by residents of the Belveron Gardens area as well as correspondence with the City's insurance agent concerning rate adjustment, response to both questions having to mqait the return of the City Manager on October 29th Audit Bremer stated that the Public Services Committee ,~il1 meet with Lagoon property owners and others interested in the downtown drainage problem on October 31 1966, 8:30 P.M in the City Hall Council Chambers Public Services Bremer stated that in view of the hazardous driving conditions on ''linding Paradise Drive, he felt the 35-mi1e-per-hour speed limit ,~as excessive and suggested that the Administration Staff and police agency look into the matter of a reduced speed limit as well as the possibility of replacing the stop sign at Trestle Glen Drive and Paradise Drive 1;\7ith a "yield" sign in view of the light traffic at this intersection. The Chair directed that the City Manager investigate this matter and work with the County in determination of a reduced speed limit. Committee Meeting Paradise Drive Strawbridge reported the conference he had attended in had been well attended by representatives of the various ciation for the opportunity to serve as the City's delegate. It the next annual meeting is scheduled to be held in San Francisco of the City might be able to attend Speed Limit and Traffic Control San Diego on behalf of the City cities and expressed appre- was hoped that since more representatives League of California Cities Annual Conference VI QUESTIONS ABSENT COUNCILMAN Drohan NOES COUNC ILMEN None AYES COUNC ILMEN Bremer Fanning Hoffmire Strawbridge Motion by Bremer seconded by Strmvbridge, that the Mayor be authorized the Agreement on behalf of the City unanimously passed to execute The proposal arises in conjunction with court action brought by the County of Marin, and subsequently the City of Tiburon, against the developers and bonding company which insured the performance of the provisions of the subdivision im- provement for said subdivision. Bremer stated the Committee on Public Services execution of said agreement agreement had recommended By report of the City Attorney dated October dated October 7, 1966 and copy of an Agreement deficiencies in the Francisca Vista Subdivision were the City Attorney's that the Mayor be Agreement on behalf Tiburon recommendation of the City of 18, 1966, letter and Assignment put before authorized of the City Attorney for correction of the Council with to execute the FP~NCISCA VISTA SUBDIVISION ngreement on Corrective Work Hinutes 1195 City Council -5- 24 October 1966 1966 Approved by the Counc il on ~ There being no further business The Chair declared the. meeting adjourned at 10 16 P.H. In discussion of the (Tenancy in Motels) was the City Manager investigate Suspense nm\1 VIII Calendar the Deputy City Attorney noted that Item 10 before the Planning Commission; and The Chair requested the status of Item 7 (City Seal) ADJOURNMENT that Suspense Calendar At the direction of Department for the The Chair, reports month of September of the Department 1966 were accepted Department Police Month of Public Department of September Works 1966 of Public ~-1orks and Police VII called attention to the aged and poor its Tiburon run. Upon motion duly made ~A~olved that Greyhound Lines be requested to the Tiburon area REPORTS condition of seconded and use more up- contract with the general contracting City's right-of-way on Round Hill current budget provides $1,600 for these contract would be in the amount of $1,552 the ineer's experience in this the ork Greyhound Bus repairs, The Cha .... matter Service of concerning City Eng repair 't'1 informal on the Contract to Repair Slide Damage at ~tated Local the Baptist Seminary and urged all Council members to that hearing on the annexation petition of the City Agency Formation Commission on November 10, 1966, of withdrawl of the annexation petition of the City Ninutes #95 City Council -6- 24 October 1966 -.. STATE OF CALIFORNIA ) COUNTY OF MARIN ) LAWRENCE D. ROSE, being duly sworn, deposes and says I am the City Clerk of the City of Tiburon, said county and state, and on the 24th day of October, 1966, I mailed in a sealed envelope in the United States Post Office at Tiburon, California, with postage prepaid to the following owners of property: John Musso, Edmund & Myrtle Rossi, Fred Zelinsky, Irene, Smith, Thomas Connell, Platforms, Inco, Sam Vella, Inc., Corinthian Yacht Club, Tiburon Tommie's, Alfred & George Mantegani, Tiburon Investment Co., Milton McDonough, Charles Tijerina, and also to the Pacific Gas & Electric Company and the Pacific Telephone Company the attached Notice of Public Hearing pursuant to the require- ments of Ordinance Noo 37 of the City of Tiburon ~17~ LAWRENCE D. ROSE City Clerk 'r' "-... PROOF OF PUBLICATION ...................... STATE 8F CALIFORNIA ( .s County of Marin I am a citizen of the UniteclState. and a resident of the County afore- said: I am over' the 8IeoP.'ahteen years, and not a party to 01:' Inter- ested in' the above atter.' I'.. the ; prlnc,ipal clerk of the pub l1perof \ the EBB TmZ, a DeWspaper which 'was adjudicated a :newspaper of .eneral " circulation by the Superior Courtaf ',i the State of .Callfornta, :Ln eDd for ~,:~ the ,County of Marin, on June 30, ,J 1964~ in CASE NUMBER 40057:,t bat the notice, of which the annaed 1. , ',1 a printed copy (se~ 1n type, not ! ~ smaller than non-par.ll) ,baa been .! publ18hed 1n eaCh regular IDcI entire 4 issue of said Dewspaper aDel .hOt in "~ ] any supplementtnereof on tne fol- l~ dates, to wit: . ; . ~ 'j . ' ......................~....... ................................... ,1,( all in the year 19.~~ i i, . '1 i I certify ( or declare) under penal- ty of perjury that the for_aoing is true and correct. '~ /' - '} · ~~~,A~~'~.. , ",- / V Signature Dated at Tib .. .2. day { :. PROOF OF PUBLICATION ...... Proof of Publ1cat1oa of 1 24 October 1966 NOTICE OF PUBLIC HEARInG . ..... -" .l... NOTICE IS HEREBY GIVEN THAT in accordance with the provisions of Ordinance Number 37 "Underground Ordinance" the Tiburon City COlIDcil will hold a public hearin" on November 28, 1966, at 8:00 P.M. in the City Council Chambers, to determine wheth;::;J.' the public necessity, health or safety or public welfare requires the removal of over-- head wires and associated overhead structures on that portion of Main Street from approximately Tiburon Vintners to the t^1indjaJ!1JlEr. The overhead utilities to be removed would be placed underground. Underground utilities from the service point to the point of use would become the responsibility of the property owners served and certain changes will be at the property aNners expense. NOTICE IS HEREBY FURTHER GIVEN that at' the time of hearinp.; any and all persons interested in said matter may appear and be heard. RAY ',J. FOREAKER, JR. City Enp-ineer Date of Publication 1 November 1966 .~ I. '"'. \ ....,1 !I ~~; ; ~. ~.4 ; f ,', l , \. ,J" 59-1Sl~03 59-15f~1J 59-IS l-G 5 59-151-32 59-151-11 59-151-14 60-105~62 60-105-51, 60-105-63 60-105-47 ~ i ~ ,it Club.~,..315t T:i..bunm ' TiQuron,T~S. Inc. .41'Hain St. Tiburon ~red,~i '~l ~~epni, ~bMlul ',' ",}r~.~ ~~.2~4 ~y, St" SF Hilton..~.. f,~Ol,..Tibtmcm . '.' i~.; Char1 Ti1erian t Box 35, 'l':l.bunm .', ''''''r .' f'..~ r.. . ,..~ . J" , 'I' -.. ~J ..~. . i . ' ~.~ . ~ ~~ .::....' r Cz.,"'?z. .' "-2..1....:2.c;>--' .~". ..... ,. . . .;:.... !.:: \ i .,.: .. .~. ',. I I" ,c ) Sam Vella, In~ 55 Main St. -v Tiburon . I: rj Irene Smith, 257 Cazneau Ave. Sausali1:o '!haMS Connell t 6 5 Marguerite St. MV Platforms, Ine. . - ' 3925 East HtJnRington Drive East Pasadena., California \ .,,' 59-102-01 5.9-102-03 59-102-04 John 'Musso? 10 Main St. Tiburon Edmund i Myrtle Rossi, 2370, Paradise FTed) Ze~,':'165 Grove St. SF Drive Tiburon 0/:, /) ,. -JI /~ ~_..,..~ - .()~ $7 --/5)-"1- as -32 II ~ ..,- 2;5 d711K m~ / ,-- ~. ~F ~ #,.90/- ~ .i; r i' ~:'. " ---.~ ;; .,,7...., I ...~ t.~ . , I l ~~r It () __II) t{ ~9--1 '. 6(j - /()~./t. 3' - ft An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON PROVIDING FOR THE GRANTING OF FRANCHISES FOR COMMUNITY ANTENNA TELEVISION SYSTEMS PROVIDING TERMS AND CONDITIONS CO~,ruNITY TELEVISION ANTENNA FRANCHISE Ordinance No. 70 Second Reading and Adoption ABSENT AYES NOES COUNC ILMEN COUNC ILMEN: COUNCILMEN Hoffmire None Moved by Strawbridge, mously passed: Bremer Drohan Fanning, Strawbridge 69 be adopted seconded by Bremer An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AUTHORIZING A CONTRACT BETWEEN THE CITY OF TIBURON AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA STATE EMPLOYEES' RETIREMENT SYSTEM, having passed first reading on October 24 1966, came on for second reading and adoption. Ordinance was read in full. that Ordinance No. unani- AUTHORIZING CONTRACT BETWEEN CITY AND BOARD OF ADMINISTRATION OF CALIFORNIA EMPLOYEES' RETIREMENT SYSTEM Ordinance No. 69 Second Reading and Adoption STATE IV ORDINANCES ABSENT COUNCILMEN Hoffmire NOES COUNCILMEN None AYES 110ved by Strawbridge, seconded by Fanning, that Minutes 24, 1966 be approved as submitted unanimously passed COUNC ILMEN: Breme r Drohan Fanning, Strawbridge 4195 for the meeting held October III The Chair recognized the presence of Mrs. Marge l~hitelaw, selected by the Main Street Mer- chants Association as their delegate to City Council meetings and numerous students from the government class at Redwood High School. APPROVAL OF MINUTES Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Richard Breiner, Deputy City Attorney Phil Scott, Development Administrator Ray Foreaker, City Engineer Samuel Shapero City Treasurer (8:48 P.M. ) EX OFFICIO ABSENT COUNCILMEN Hoffmire Bremer (8:10 P.M Drohan Fanning Strawbridge PRESENT COUNC ILMEN ) II The regular meeting of the City Council of the City of Tiburon, State of California, was called to order by Vice Mayor Thomas E. Drohan at 8:07 P.M. on November 14, 1966 in the City Hall Council Chambers. The Chair announced the Mayor was absent as he was repre- Genting the City at a meeting of the Telegraph Hill Property Owners Association in San Francisco ROLL CALL I CALL TO ORDER Minutes 1196 CITY CITY COUNCIL OF TIBURON 14 November 1966 ABSENT COUNCILMEN Hoffmire NOES COUNCILMEN None AYES Moved by Strawbridge, seconded by Bremer, that minute order be adopted and a resolution prepared authorizing transfers of funds in accordance with the City Manager's recommendation; unan~ously passed COUNCILMEN Bremer, Drohan, Fanning Strawbridge Fanning expressed the opinion that such resolution would allow transfers without jeopardizing the Council's control over the budget since expenditures would have been previously approved By report dated November 7, 1966 the City Manager stated, in response to Fanning"s request at the October 24, 1966 meeting that consideration be given to a more expeditious handling of recurring regular transfers of budgeted funds, he proposed that the Council authorize preparation of a resolution authorizing the City Manager to make such transfers from fund to fund to the l~its provided in the budget, when funds are received and/or compensable expenditures made provided no transfer shall be made in excess of the budgeted amount. TRANSFER OF BUDGETED FUNDS Authorization VI MINUTE ORDERS ABSENT COUNCILMEN Hoffmire NOES COUNCILMEN None Strawbridge AYES Moved by Bremer, seconded by Strawbridge, that Resolution 126 integrating the City Civil Defense Program into the Marin County Disaster Plan be adopted; unan~ous1y passed COUNC II11EN.: Bremer Drohan, Fanning, s On behalf of the Public Services Committee, Bremer presented report dated November 7, 1966 stating that in accordance with opinion of the County Counsel, a resolution was before the Council consenting to integration of the City's Civil Defense Program with that of the County. Bremer noted that the City Manager and Public Services Com- mittee recommended adoption of such resolution as a necessary step in implementing the Civil Defense Program adopted by Ordinance No 65 and Resolutions 122, 123 and 124 INTEGRATION OF Resolution No. CIVIL DEFENSE 126 IN COUNTY DISASTER PLAN V RESOLUTION ABSENT COUNC ILMEN Hoffmire NOES COUNCILMEN None AYES Motion by Bremer passed: COUNCILMEN Bremer, Drohan Fanning, S t raw br idge seconded by Fanning that Ordinance No. 70 be adopted unan~ous1y ABSENT COUNCILMEN Hoffmire NOES COUNCILMEN None AYES Moved by Bremer, seconded by Fanning pensed with unanimously passed COUNC ILMEN Breme r , Drohan, Fanning, Strawbridge that further reading of the ordinance be dis- FOR THE OPERATION OF SUCH CO:t>'1MUNITY ANTENNA TELEVISION having been amended and passed first reading on October reading and adoption. The title of ordinance was read. SYSTEMS AND FEES THEREFOR, 24 1966, came on for second l'-linutes 4/96 City Council -2- 14 November 1966 Mr. Jerry Schiffmann was recognized and inquired whether the quotation equipment necessary for a police car, such as siren, lights and radio that such equipment would cost about $1,000. The City Manager stated since the budget provides separately for the installation of the favorable joint-purchase agreement with the County included the estimating it did not such equipment through Moved by on a police Mayor be authorized City Manager Strawbridge, seconded by Fanning, that the quotation by San Rafael Dodge motor vehicle in the total amount of $2,441.01 be accepted and that the to execute a lease-purchase agreement as recommended by the Strawbridge presented report dated November 9, the City Manager that the one bid received for a police motor the current budget, be accepted and the Mayor be authorized purchase contract with the Bank of America at 4.25% simple same the recommendation of vehicle, authorized in to execute a lease- interest for purchase of 1966 containing BIDS TO SUPPLY POLICE MOTOR Thereupon, The Chair directed for December 12 1966 VEHICLE that public hearing on General Sketch Plan 1990 be set required prompt express their views Strawbridge inquired whether TPAC had reviewed the plan. The Chair responded that they had not but in discussion with Mr. Rampton Harvey, it was felt there were no substantial differences between this plan and the Master Plan, that the time element action, and all interested parties would be provided opportunity to through the public hearing By report dated November 14, 1966, Fanning nin3 Commission had adopted Resolution No. prepared by \~illiams, Cook and Mocine, and with the recommendation of the Development be set and Council proceed to adopt the plan stated that on November 7, 1966 the Plan- 14 approving General Sketch Plan 1990, the matter was now before the Council Administrator that date for public hearing ':;ENEPAL SKETCH The Chair that Resolution No 1 of the Parks be received appreciation for the time and thought be put over to December 12, 1966 to hear report of the mittee, reconciling suggestions contained in the TPAC Commission resolution PLAN then directed ~<1 it h 1990 and Recreation expended, and that Lands and Development report and Parks and Recreation Commission the matter Com- Strawbridge inquired whether reply should be made to comment contained in the Plan- ning Commission's minutes of November 7, 1966 regarding the authority by which the plan was under review by the Parks and Recreation Commission. The Chair confirmed the matter had been before the Parks and Recreation Commission at the Council's request to allow this newly-formed body to review and comment }1iss An~e Ellinwood, TPAC representative, was recognized and informed the Council that their report had reached the stage of formal wording and inquired whether preparation of final copy for distribution to the Council and commissions might not be undertaken by the City's staff. It was the sense of the Council that this would be an appropriate expense of the City By Agenda Bill dated November 7, 1966, Fanning reviewed the status of the Downtown Sketch Plan, approved by the Planning Commission on June 27, 1966, received by the City Council on July 25, 1966, and since referred to the Lands and Development Com- mittee and Parks and Recreation 'Commission for comment. Fanning reported that the Tiburon Peninsula Advisory Committee, to whom the Lands and Development Committee had referred the plan for review, expected to submit their report around December 1st. He expressed the thought that Parks and Recreation Commission's Resolution No.1, approving the plan generally with ten specific recommendations, should be accepted and passed to the Lands and Development Committee for study in relation to the TPAC report and approval previously given by the Planning Commission. He suggested that date for public hearing be set after receipt of the TPAC report DOHNTm-lN SKETCH PLAN Report of Committee and Commission Ninutes 1196 City Council -3- 14 November 1966 Mr. Dennis Rice was recognized and urged the Council to act on the denial of petition as heard before the Planning Commission. He stated the majority of residents had opposed the rezoning at that time and some of these property owners were in the audience to protest reversal of the Planning Commission's action. He noted that applicant had been represented by counsel at the original hearing Bremer stated that if applicant felt he had been prejudiced by modification of his petition by the Planning Commission, there might be some way in which the Council could remand to the Planning Commission on that point alone, and if applicant had been encouraged to petition jointly by advice from the staff and been defeated should have the opportunity to be heard separately as to his property Dr. Paul E. Wilson, applicant, was recognized and explained he had originally planned to petition for rezoning of his property alone but upon advice from the City's staff that such petition, as "spot zoning", l-1ou1d probably not receive favorable action, he had joined with five other property owners in presenting a petition, which petition was not acted upon but modified by the Planning Commission to include all Tiburon Properties. He had spoken in favor of the modified petition at the hearing and upon denial, was informed by the City's attorneys that to keep the matter alive, it would be necessary to register request for appeal within thirty days and it was for this reason that his appeal was now before the Council; however, he ~~as requesting hearing for his property alone without waiting for the expiration of the 2-year requirement The City Manager then read letter from Dennis T. Rice, dated November 12, 1966, reviewing the basis on which the Planning Commission had denied the petition and stating that because no reasons for reversal of the Commission's action were set forth in Dr. Wilson's request for appeal, it appeared to hlln that the matter could not properly be taken at this time but if it were asked that the Planning Com- mission's action be upheld The Chair questioned whether the appeal was properly before the Council inasmuch as the original petition of six owners asked for rezoning of 13 lots of Tiburon Pro- perties, the resolution passed by the Planning Commission was revised to apply to the entire Tiburon Properties subdivision, and Dr. Wilson's appeal--based on his property alone--might properly come before the Planning Commission as a new petition The Deputy City Attorney stated the application for rezoning could not be modified at this point; the Council must rule on the action taken by the Planning Commission on the entire property and if sustained, any individual petitioners involved in the original application would be required to wait for two years before placing a new petition before the Planning Commission The matter, having been postponed until the arrival of the Deputy City Attorney came on now for hearing. By Agenda Bill of November 7, 1966 it was stated that on June 6, 1966 the Planning Commission had received the petition of six property owners proposing rezoning of a portion of Tiburon Properties from R-l B-4 to R-l B-3 On recommendation of the staff, the Commission then adopted resolution of intent to consider rezoning the entire Tiburon Properties subdivision and set July 5, 1966 as the date of public hearing. On considering letters of protest and evidence presented at the hearing, the application was denied on the basis that the majority of the home owners were opposed to the rezoning. By letter dated August 18, 1966, Dr. Paul E. Wilson, one of the petitioners in the request for rezoning, asked for appeal from the decision of the Planning Commission. Such appeal was set for public hearing on October 24, 1966 and continued to this date at the request of Dr Wilson made in his letter to the Council of October 17 1966 APPEAL FROM PLANNING COMMISSION ACTION FOR ZONE CHANGE AT 123 Hacienda Drive File No 60002 Paul E. lvilson M. D Applicant VII APPEAL ABSENT COUNCILMEN Hof fmire NOES COUNC ILMEN: None AYES COUNCILMEN Bremer motion unanimously passed Drohan Fanning Strawbridge The question was called Minutes 1196 City Council for -4- 14 November 1966 The Chair read letter dated November 14 1966 from Ivlr Tom Belton President of the Main Main Street The Chair November took official 10, 1966 of tration Staff for its Temporary Glosin note of the approval by the Local Agency Formation Commission on annexation petition by the City of Tiburon, and commended the Adminis- excellent preparation and presentation at the LAFC hearing Annexation VIII UESTIONS A ShOl.t recess On question of The Chair as to the effect of this action on applicant"s was stated by the City Manager that applicant could re-petition and it to the Planning Commission to rule whether the alleged change of circumstances be a valid basis on which to hear new petition without the two-year waiting period was declared by The Chair a the meeting reconvening at 9:48 P.M it ABSENT COUNCILMEN Hoffmire NOES COUNCILMEN Bremer AYES It was then moved by Strawbridge, ning Commission be upheld and the COUNC ILMEN Drohan Fanning, seconded by Fanning, that the action of the Plan- appeal denied; motion passed Strawbridge ABSENT COUNCILMEN Hoffmire NOES COUNCILMEN Fanning Strawbridge AYES COUNCILMEN Bremer Drohan The question was called Bremer replied that if applicant's position had been considered independently at the hearing he could agree but felt there was a responsibility to remand on that point for and motion failed Fanning stated that in effort of the other property owners v might not take additional time opinion that it had been proper for this advice and petition given full that further hearing would possibly to give equitable treatment to the applicant, ~hould not be overlooked and questioned whether and bring the same result. Strawbridge expressed the staff to advise applicant, but having followed hearing before the Planning Commission he agreed not alter the decision interests re-hearing the The City Manager explained the problems involved for the staff in attempting to properly advise property owners, the Deputy City Attorney adding that it was the duty of the staff to so advise individuals seeking action by the City The City's attorneys explained the legal procedure in remanding, stating the Planning Commission would be required to hear the applicantrs request to severe his petition from the whole and that denial would be sustained as to all other property involved Bremer stated that the applicant, be barred from a neB petition for in encouraging joint action might position. in joining the petition with other owners a two-year period and felt the City staff have bearing in considering the applicant s s would opinion present Nr. Herbert upheld Dmo1 Mr. Roger again as the property as was Dakin was recognized, protesting that the to applicantrs specific property when the a whole including applicant's lot recognized asking that the action of the Planning Commission be matter should not be heard denial was based on rezoning of It was then moved by Bremer, seconded by Drohan, tha be denied, except that Dr. Wilson's appeal solely and individually be . to his Lot #18 for determination by the Planning Commission as to ~~hether or not it is entitled special consideration as being so unique as to warrant a lot split on this without recommendation of the City Council the appeal '~emanded as to point Hinutes #96 City Council -5- 14 Novembe r 1966 ~anning reported he had been contacted by the Seafirth Property ~lners and a fOi1mal request would be made of the City for assistance in cutting down the hump at the intersection of Seafirth and Paradise Drive, removing obstructing brush and perhaps making a definite turn- off to alleviate the traffic hazard. It was suggested that the City might contact the to receiving this formal request to determine what improvements are Association prior desired Seafirth Property Owners Motor presented. the excellence Vehicle The Association Accident Report for Chair directed that of his report the fiscal it be year accepted August 1, 1965 to July with commendation to Lt 31 ANNUAL The Chair directed that the October be accepted HOTOR VEHICLE ACCIDENT REPORT 1966 report of the Tiburon Police and Sheriff Station TIBURON POL ICE AND SHERIFF STAT 101>1 Bremer reported a meeting Lagoon area and practical Engineer had contacted the costs of preliminary work in flooding problem during this another meeting will be held IX ....~ ins. action'. REPORTS of spirit. immediate step, to alleviate infonnation Belvedere The and City the the the Lagoon-Drainage The Chair report on stated street that a meeting had been held with the policy would be forthcoming at the next. City Engineer and City Manager mee t ing and Street Po1ic ABSENT COUNCILMEN Hoffmire NOES COUNCILMEN None Fanning Stra-t'1bridge AYES Moved by the Main Street COUNCILHEN Bremer Drohan "'xpe nse s Nerchants Main the Associa- suggested Mr. Belton ciation to In discussing the that the tho and cover osts of the police officer's time and Association should bear identifiable ~ City Manager suggested a deposit of these costs, any unpaid portion to be required special costs, which ,..ras $100 to $125 be refunded. signs, it was agreeable to made by the Asso- He advised engineer. the time date and it was time of that meetings The Fire Chief closed and closing had been held had with requested the requested that the Fire Chief, City Manager and traffic Street be attended by a police officer special 'no parking" signs be erected during noting In mate1y be functions a birthday considering this request, he stated a pedestrian mall, and the planned for the future by celebration on June 23rd the Association '-70 the Association--a Association uld felt request spring clean-up that Main the paint-up week Street street to should ulti- be closed for and Street noon, by the desired Santa Claus the Street and gifts Nain carolers December Hith a band ....as that 13th close for Hinutes 1196 City Council -6- .14 November 1966 Minutes #96 City Council -7- 14 November 1966 Paradise Drive The City Engineer reported he had contacted the County's Department of Public Works and traffic engineer, who were looking into the proposals made for a yield sign at Trestle Glen and a reduced speed limit for Paradise Drive. x. ADJOURNNENT On motion by Bremer, seconded by Fanning, the meeting l~as adjourned at 10:26 P.M /-) Approved by the Council on: ~~ 'f ...... 1966 - VICE Mr. Dick Conrad, PG&E representative, was recognized and declared that the present Pacific Gas & Electric Co. schedule calls for excavation work on Main Street to be accomplished in the last quarter of 1967 and wiring installed and overhead lines to be removed in the first quarter of 1968. It was the sense of the Council that, while recognizing the schedule had been arranged to accomplish work during the lightest period of traffic, the utilities companies should be aware of a concern for business interference during the Christmas season. .~.\ A public hearing having been set for this date on a resolution directing that over- head public utilities in certain parts of the Underground Utility District now be placed underground The Chair declared the hearing open DIRECTING PG&E AND PACIFIC TELEPHONE CO. TO PERFORM UNDERGROUND WORK ON MAIN STREET - UNDERGROUND UTILITY Resolution No. 128 DISTRICT ABSENT COUNCILMEN None NOES COUNCILMEN None AYES Moved by Strawbridge unan~ously passed: COUNCILMEN Bremer, Drohan, Fanning Hoffmire Strawbridge be adopted seconded by Bremer Strawbridge presented bill dated November 22, 1966 stating that a budget for the expenditure of gas tax funds for maintenance of City streets for 1966-67 has been approved by the State Division of Highways, and resolution to approve the budgeted amount of $13,150 be adopted that Resolution No. 127 proposal fiscal recommending that APPROVAL OF STREET MAINTENANCE BUDGET FOR EXPENDITURE OF GAS TAX FUNDS Resolution No. 127 IV RESOLUTIONS ABSENT COUNC ILMEN None NOES COUNe ILMEN None AYES Moved by Strawbridge seconded by Drohan, that Minutes 14 1966 be approved as submitted unan~ously passed COUNCILMEN Bremer, Drohan, Fanning Hoffmire Strawbridge 1196 for the meeting he ld Novembe r III APPROVAL OF MINUTES --- The Chair welcomed students of Redwood High School Lawrence D. Rose, City Manager Richard Breiner, Deputy City Attorney Ray Foreaker City Engineer s government class EX OFFICIO ABSENT COUNCILMEN: None Bremer Drohan Fanning Hoffmire (8 Strawbridge 12 P .M. ) PRESENT COUNCILMEN: II The regular meeting of the City Council called to order by William Bremer in the City Hall Council Chambers assumed the Chair. ROLL CALL of the City of as Chai~an Pro Tem, Following Roll Call Tiburon, ~:ll at Mayor State of California P.M. on November 28 John S Hoffmire, Jr. was 1966 ....-/ I CALL TO ORDER ~ Minutes 1197 CITY CITY OF TIBURON COUNCIL 28 November 1966 lJ~ Moved by Bremer, seconded by Strawbridge unan~ously passed On behalf of 1966 proposing Belveron Gardens t'lith requirements that Resolution No. the Public Services Committee, Bremer that the minute order of September Lighting District be re-stated as of the Streets and Highways Code 131 presented bill dated November 21 26, 1966 intended to dissolve the a resolution in order to c~mply be adopted DISSOLUTION OF BELVERON GARDENS LIGHTING DISTRICT Resolution No 131 ABSENT COUNCILMEN None NOES COUNCILMEN None Strawbridge AYES With these corrections passed COUNCILMEN Bremer Drohan Fanning Hoffmire for and motion unan~ously noted The City Manager noted two corrections Gas Tax Fund monies, Account 2107, viously taken in this meeting; and reference to Gas Tax Fund Account the question to be made in the resolution be revised to $13,150 to conform 2) that the words "non-matchin-" 186.1. \-1as called to be 1) that the action pre- deleted from 130 be adopted Moved by Fanning The Chair presented bill dated November 22, instructions to the City Manager on November authorizatio n for transfer of budgeted funds was before the for consideration with that it be Council adopted seconded by Drohan, that Resolution No 1966 reporting that in accordance 14, 1966, a resolution providing from revenue to 0 perating accounts the City Manager's recommendation OMNIBUS AUTHORIZATION TO TRANSFER FUNDS Resolution No 130 with ABSENT COUNC ILMEN: None NOES COUNCILMEN None Strawbridge AYES Moved by Strawbridge mously passed COUNCILMEN Bremer Drohan Fanning Hoffmire 129 be adopted Centro attending this seconded by Bremer Strawbridge presented bill 14, 1966 stating the request of Lt. Barnes and the City Engineer stop sign be erected on the westbound lane of West Street at Esperanza Street to allow safer passage for children the Tiburon School and recommending adoption of a resolution to accomplish dated November that a that Resolution No unani- ESTABLISHING A OF CENTRO WEST Resolution No STOP SIGN ON THE WESTBOUND LANE STREET AT ESPERANZA STREET 129 The Chair then directed perform excavation the City llork prior to Manager to request the utilities the two weeks before Christmas companies to 1967. ABSENT COUNCILMEN None NOES COUNCILMEN None Strawbridge AYES Moved by Bremer, seconded by Strawbridge unanimously passed COUNCILMEN Bremer Drohan Fanning Hoffmire 128 be adopted that The Chair inquired whether all property owners had been duly notified of hearing. The City Engineer responded that they had There being no other appearances The Chair declared the public hearing closed Resolution No Minutes 1197 City Council -2- 28 November 1966 Following discussion on further extending moved by Strawbridge seconded by Drohan, fiscal year the services of Mr. to extend the employment Silberstein to the it was end of the Hoved by adopted. Strawbridge seconded by Bremer that the City Manager s recommendation be By bill dated November 22, 1966, the Mr. Michael Silberstein, as Assistant additional three-month period at the of $650.00 be made from the contingency hour ly fund City Manager requested that the services to the City Manager, be retained for an rate of $3.50, and that an appropriation for this purpose of EXTENSION OF The Chair directed the City Manager to prepare a expressing the sense and intent of the action of EMPLOYMENT OF ADMINISTRATIVE ASSISTANT letter for the Council the Mayor" s signature ABSENT COUNCIL MEN None NOES COUNCILMEN None AYES COUNCILMEN Breme r Drohan Fanning Hoffmire Strawbridge The question was called for and motion unanimously passed Fanning questioned the zing the City as an example of how both level and quality of service certain assumptions and conclusions of the consolidation might operate County in utili- with respect to Moved by Strawbridge be adopted seconded by Drohan that the City Manager"s recommendations On behalf of the Public Services Committee, Bremer read bill dated November 22, 1966 introducing request of the Assistant County Administrator of November 3, 1966 for comments on a proposal to consolidate all police services in the County as an al- ternative to the formation of County Service Area No. 12, which had been set for hearing before the Board of Supervisors on December 13, 1966. The bill contained the recommendation of the City Manager that the City Council reiterate its support for formation of the Service Area, which they had expressed to the County by letter of October 18, 1966, and recommended that the question of consolidation be referred to the County- City Services Committee for study COUNTY SERVICES DISTRICT FOR POLICE PROTECTION IV MINUTE ORDERS ABSENT COUNCILMEN None NOES COUNCILMEN None Fanning Strawbridge AYES Moved by Breme r , mously passed COUNC ILMEN Bremer, Drohan Hoffmire 132 be adopted seconded by Drohan Bremer presented bill dated November 21, 1966 proposing September 26, 1966 intended to accomplish the withdrawl from the Tiburon Lighting District (approx~ately 90% of be restated as a resolution in order to comply with requirements Highways Code that Resolution No unani- that minute order of of all City territory the District's territory) of the Streets and WITHDRAWL OF CITY TERRITORY FROM TIBURON LIGHTING DISTRICT Resolution No. 132 THE ABSENT COUNCILMEN None NOES COUNC IU1EN None Fanning Strawbridge AYES Ninutes 4/:97 City Council COUNCIU'IEN Bremer Drohan -3- Hoffmire 28 November 1966 Mr. Allan Littman was recognized and stated that he too felt the was violating zoning ordinance; that the Council should not meet and the property should be retained for single-family residential Housing Authority with the Authority use ~lrs. Barbara Meisin was recognized inquiring property, Mr. Atkin responding that it would mentary school facilities what level of school would use the be used for enlargement of the ele- Mr. Irving Moulin was a petition to retain petition was now being property should be "first with recommendations made that the Hilarita project and felt the Council and condemn the occupants years zoning for its property, by not filling recognized. He stated that in 1960 many residents had signed the first-residential zoning of the property, and that another circulated--with 80 signatures to date--requesting that the residential", possibly including a park, in accordance by the Tibur6n Citizens Advisory Committee. He stated has been in violation of the zoning ordinance for several should declare the Housing Authority in violation of out the project as harmlessly as possible as they occur phas ing vacancies Mr. McNally, Vice Chairman of the Housing Authority, confirmed the previous interest of the school district, stating that at that time the Authority had pledged first consideration to the District district conditions the Reed Union School District Board, when rezoning of the property \l7as proposed ':,nterest in 7 acres. Hhen rezoning did not its interest in such acquisition, but with now felt the property would be needed for expansion Hr. Jim Atkin, He stated that district was recognized the school take place, the overcrowded Mr. Kurt Heath was recognized, and expressing the thought that elaborating on the history provided by the property might well be used for a Mr. Stutsman civic center Mr. Bill Nelson was recognized, requesting that Mr. Stutsman provide background on the development of this housing project, and Mr. Stutsman complied giving historical background of the Authority's acquisition of the property Mr He stated time, having come Authority and City the continuing use Donald O. that Stutsman, Executive Director of the he was not prepared to speak on the to discuss setting a date for a meeting at could be exchanged, but that the public purpose of the property would be their basic concern Housing Authorit~was substance of the matter which views to be in recognized at this of the served The City Manager stated that the area is now zoned R-l B-2 and that Sketch Plan approved by the Planning Commission and coming before the Council on December 12 1966 for adoption--indicates medium-density and a park for this area The City District Manager then read letter stating the District was requesting that the District be dated November interested in included 1990- 18, 1966 from the Reed Union School the property for future growth, and in discussions concerning the property A bill of the Administrator, 21, 1966, was presented by The Chair. It that since present use of Hilarita Housing Project must be terminated by and the Housing Authority of Marin County had expressed a desire to meet with City officials in order to exchange views on the property's development, the Development Administrator urged the Council to resolve the City's position in deciding what course of action would be in the best interest of the City prior to meeting with the Housing Authority. It was the City Manager's recom- mendation that the City should first determine how the Housing Authority intends to proceed with redevelopment of the site Development stated 1969 dated November the HILARITA HOUSING PROJECT The Chair ordered Housing Project the regular order of business suspended appearing on the Agenda under "Reports" so that the matter of Hilarita could be taken at this time V SUSPENSION OF ORDER OF BUSINESS ABSENT COUNCILMEN None NOES COUNCILMEN None AYES COUNCILMEN Bremer Drohan the amended motion unanimously passed Fanning, Hoffmire Strawbridge The question was Hinutes 1197 City Council called fo rand -4- 28 November 1966 The Chair declared a ten-minute recess consideration of Minute Orders reconvening the meeting at 10 13 P.M. l'1 it h tion as requested in to holding any public The Chair Committee then directed that the matter b and that the City Manager provi the discussion. He_~ hearings on the matter referred to the this COImnit tee """nfirmed that La nd s with no t ice and facts \'1ill be given prior Development and informa- Strawbridge suggested gate the Federal recommendation, housing project that the Housing Demonstration Cities Program should consideration be given Authority and the City Manager should investi- as suggested in the City Manager's to development of a moderate-income Fanning agreed with this suggestion, these facts a statement on the length of Housing Project and the number of citizens Tiburon residents. He felt, too, that the should be acknowledged at this time adding that he would like to have residency of present occupants of the Project who have been long-time of the Reed Union School District in Ie t te r included the in pre se nted then report Having closed the Council Committee's the~^ the Hr. tion Richard Bale was recognized and questioned the value of discussing the disposi- of the property at this time without full rep~esentation by interested parties Mr. Don Moulin was recognized and the people in the vicinity of the family residential or school Council should take positive expansion--as action to express read portions of the Project wished to retain indicated by these this wish of the TCAC reports the indicating that property for single- reports--and felt the residents Mr. Jerry Meisin was recognized and stated that every the opportunity to present its alternative plan. Hr. Ra y given to should meet be reached interested group Delrich was recognized expressing the opinion that assistance lower-income groups through such moderate housing and felt with the Authority to obtain more facts so an objective should have should be the Council decision could Mrs. Thelma Mc&~en was of school facilities recognized and endorsed Mr. Ted Rising property near Hi1arita Housing was zoned residential the Project would He felt such projects should not alongside high-valued property and felt adjacent property owners might to the City for damages should such project be maintained was recognized Project 't'lith soon be removed stating that he the understanding that the use of the property for expansion had purchased his that it be well the and placed come Mrs. ~largaret Azevedo, representing the for Civic Affairs, nized and requested that such meeting be the Housing Authority District. She agreed that the Hilarita project offered poor housing and the Housing Authority be given an opportunity to present its good moderate-income housing would be totally different from present project She noted, too that the Housing Project Marin Counc:Ll held uith t'1 a s and asked views, suggesting the facilities of had predated the zoning. recog- School that that the Miss Anne Ellinwood was recognized and questioned the statements made by Mr. in referring to recommendations of the Tiburon Citizens Advisory Committee. was her recollection that this report expressed a need for some kind of moderate-income housing in the City of Tiburon. Miss Ellinwood asked that the Council not depart from the original objective proposed to it by the Marin Council for Civic Affairs that the City Council~ Planning Commission and City's planner meet jointly with the County Housing Authority to explore the possibilities for the site~ Houlin It Minutes 1;97 City Council -5- 28 November 1966 ABSENT COUNCILMEN None NOES COUNC ILMEN None AYES COUNC ILMEN called for and motion unanimously passed Bremer Drohan Fanning Hoffmire Stra'tvbridge The question was The City Manager noted that the auditor's report will be submitted to the Council members prior to formal presentation at a regular meeting by a representative of the auditing firm Don Moulin, CPA, was recognized and made severa fered for consideration in contracting for audits in the L ~4 be appointed shortly before the close of each fiscal year, or as soon as possible after each June 30th; that selection of the auditing firm be accomplished independently of the Administration's staff through an audit committee named by the Council; and that consideration to retaining the audit firm on a continuing basis through the year in order staff might consult with the auditors as needed be given that the suggestions .cuture: That 'toJh ich he the audit,..~. Strawbridge questioned whether the City's maintenance of records on a cash-standard basis might not be outmoded procedure. The City Manager stated that while recog- nizing the advantages of the accrual method, it was felt the system was beyond the City's capacity or needs at the present time To Fanning Nanager ceived s question as to whether other responded that other indicated Sleezer & firms Eckhoff firms had been interviewed, the City had been considered but recommendations re- would perform services satisfactory to the City Moved by Strmlbridge, seconded by Drohan, that the Mayor be authorized said contract for audit of transactions for the fiscal year 1965-66 By bill authorized the City's dated November to execute books for a the 22, 1966, the City Manager contract with the fil~ of fiscal year 1965-66 for requested Sleezer a sum to execute that the Mayor be & Eckhoff for audit of $700 of CONTP~CT TO PERFOR}1 ANNUAL AUDIT Authorization to Execute There being no objection, Public Services Committee The Chair directed dated November 21 1966, the City Manager recommended that since action has taken on dissolution of the Belveron Lighting District and withdrmoJa1 of territory within the City from the Tiburon Lighting District, a policy be adopted concerning installation, replacement and maintenance of street lights for those areas now within the City's jurisdiction By bill been that the matter be referred to the POLICY ON INSTALLATION OF STREET LIGHTS rrEPLAC~IENT AND MAINTENANCE ABSENT AYES NOES COUNCILNEN COUNCILHEN COUNC ILL,tEN None Bremer None Strm'1bridge Drohan Moved by Strawbridge, seconded by Bremer Manager be adopted unanimously passed Fanning Hoffmire that the recommendations It 't~as the City Manager's recommendation that the radio be transferred from the Capital Outlay Fund to the General Account C524, Equipment Rental, be increased in the C522, Vehicle Operation, be increased by $100 to of the radio for the current fiscal year leased and $200 be Fund; that Public Works amount of $100; and fund the leasing and of the City Account installation On behalf of the dated November 21, that approval be given truck authorized as tion charge of Capital approximately Administration and Finance 1966 containing the request to lease radio from C3 a Outlay Project $75 to $100 Committee of the Strawbridge presented bill Superintendent of Public Works the County to be installed on the dump for $17.00 per month plus installa- r~DIO RENTAL FOR PUBLIC t{OID{S VEHICLE Authorization to Transfer Funds Hinutes ifr97 City Council -6- 28 November 1966 The City Engineer also reported a meeting will be held this week with the Tiburon Penin- ;ula Club's landscape architect to discuss further the ponding program proposed on their land to alleviate local flooding problems. He felt a photogrametric map of the entire downtown area would be a helpful aid in this and other projects, and reported this map had been ordered, based on budgeted funds of $2,500. Bremer inquired whether it l'1ould be possible to obtain an estimate for the ponding work putting it to bid. The City Engineer responded that this would be difficult as attempting to do so l\7 ithout but he 'VI To Fanning's question as to the status of various road projects, the City Engineer reported six projects were in various stages of 't.'0rl<: overlay of Beach Road between Belvedere Cove and Tiburon Boulevard has been completed, weather conditions have delayed repair of slide damage on Round Hill bids would be let on on January l--the Tiburon Boulevard-Main and drainage improvement on the east side Bids for overlay of Paradise post- poned until spring Esperanza between Drive from Har as t-lill repairs vIe s t on east to the City Jefferson Drive two projects Drive intersection improvement Mar and Centro West. would probably be l-les t limits Road, Street-Paradise of Road Prolects Floodin Conditions-Tiburon Firehouse Mr. ~jes, Secretary of the Tiburon Fire Protection District, was recognized, call- ing attention to the flooded condition of the street in front of the Tiburon Firehouse and requesting that action be taken to relieve the Fire Department of the problem of pumping out this area. The Chair responded that the problem would be referred to the proper City department VI Thereupon, The Chair directed the matter of improvement Hilary Drive be continued until December 7 1966 QUESTIONS The Chair directed that be referred Lands and Development Committee. a meeting of Committee will be held December 6th to prepare a report on the proposed street policy. It was the sense of the Council that a special meeting be called for December 7, 1966 at which time consideration would be given to adoption of a street policy. Further, it l'1aS directed that the matter of establishing Hilary Drive as a street be set for public hearing on December 12 1966 of the unpaved portion of through Hr. Fleishman Drohan then s request stated that to the the Hr. street unimproved declared through Fleishman and was recognized urging that prompt action be citing a recent loan refusal to a prospective street. The prospective buyer, Mr. Charles the bank would approve the loan if and street taken to purchaser S te in, t\7as when Hilary Drive recognized 'tl1ere made improve because the of a the and By bill dated November 21, 1966, the City Engineer stated a 15, 1966 had been received from Hr. L. B. Fleishman, owner of developed as the Hilary Heights Subdivision, requesting improvements to an unpaved portion of Hilary Drive. It was the City Engineer's recommendation that action be delayed on this request, pending adoption of a street that subsequently a public hearing might be desirable to consider Drive a through street policy, and making Hilary letter dated November lots recently be made REQUEST TO CONSIDER IMPROVEMENT OF UNPAVED PORTION OF HILARY DRIVE ABSENT COUNCIU1EN None NOES COUNCILNEN None Strat'lbridge AYES Moved by Strawbridge, seconded by Bremer be accepted unanimously passed COUNC ILI1EN Bremer Drohan Fanning Hoffmire By bill dated to sign an agreement for public telephone easterly of Beach Road November 18 with that 1966, the City Manager recommended the Pacific Gas & Electric installed at the City's request the City the Mayor be authorized Company to provide lighting on Tiburon Boulevard south- Manager"s recommendation CONTP~CT FOR LIGHTING OF PUBLIC TELEPHONE BOOTH Authorization Hinutes 4197 City Council -7- 28 November 1966 L 1966 Approved by the Council on At 11:29 P.M. The Chair declared in the City Hall Council Chambers the meeting adjourned until December 7 1966 at 8:00 P.M VIII ADJOURNNENT ABSENT COUNCILMEN None NOES COUNC ILMEN None AYES Hoved by Stral'lbridge, seconded by Fanning approved unanimously passed: COUNC ILMEN Breme r Drohan Fanning Hoffmire Strawbridge that Register of Claims No ~~~. / :J-//2/b-b 28 be TREASURER-CITY 1.1ANAGER The report of the Department was accepted by The Chair. of Urban Development for the month of October, 1966 DEVELOR1ENT ADMINISTRATOR The Chair directed that the October, Works be accepted and placed on file 1966 report of the Superintendent of Public SUPERINTENDENT OF PUBLIC wor~s The Chair read informing the posal by the Local be placed on file letter Council of the :ounty Administrator dated November of its _ action taken on the City's Agency Formation Commission The Chair directed Assistant affirmativ"" 15, annexation the letter 1966 pro- to ANNEXATION OF CONTIGUOUS UNINCORPORATED AREA VII Miss Ellinwood was again recognized, reminding the City Engineer of a previous tion concerning use of funds for road improvement and inquiring whether Diviso to be improved. The City Engineer stated that a topographic map had been made ultimate aim of overlaying this street REPORTS conversa- Street v}as Hith the Diviso Street Miss Anne Ellinwood tJas recognized and on behalf of Mrs. Mary Price, Greyhound Lines had been contacted with the request that more modern in servicing the Tiburon run, to which the City Manager replied that made of the company but no response has been received to date inquired equipment be such request l-lhe the r the used had been Greyhound Bus The City Manager a dedication City for its Equi noted ceremony contribution ment receipt of letter of invitation from on December 2nd, and letter from Mrs. tot-lard printing of "Peninsula Key the City of Concord to attend Walter H. Buchen thanking the Corres Ninutes 4197 City Council ondence -8- 28 November 1966 L. 1966 Approved by the Council on At 11:29 P.M. The Chair declared in the City Hall Council Chambers the meeting adjourned until December 7 1966 at 8:00 P.M VIII AD JOURNNENT ABSENT COUNCILMEN None NOES COUNC ILMEN None AYES J.lloved by S t ral'1 br idge , approved unanllnously COUNC ILMEN Breme r seconded by Fanning passed Drohan Fanning Hoffmire Strawbridge that Register of Claims No ~~~, /:J-//2/,-, 28 be TREASURER-CITY The report of the Department of Urban Development for the month of October, Has accepted by The Chair. HANAGER 1966 DEVELOR1ENT ADMINISTRATOR The Chair directed that the October, Works be accepted and placed on file 1966 report of the Superintendent of Public SUPERINTENDENT OF PUBLIC wor~s The Chair read letter informing the Council posal by the be placed on Local file of the ounty Administrator dated November of its ~ action taken on the City's Agency Formation Commission The Chair directed Assistant affirmativ'"' 15, 1966 annexation pro- the letter to ANNEXATION OF CONTIGUOUS UNINCORPORATED AREA Miss Ellim~ood tion concerning to be improved. ultimate aim of VII was again recognized, reminding the use of funds for road improvement The City Engineer stated that a overlaying this street REPORTS City Engineer of a previous and inquiring whether Diviso topographic map had been made conversa- Street vlas Hith the Diviso Street Miss Anne Ellinwood lJas recognized and on behalf of Mrs. Mary Price, Greyhound Lines had been contacted with the request that more modern in servicing the Tiburon run, to which the City Manager replied that made of the company but no response has been received to date inquired equipment such request lo1he the r the be used had been Greyhound Bus The City Manager noted receipt of letter of invitation from a dedication ceremony on December 2nd, and letter from Mrs. City for its contribution touard printing of "Peninsula Key Equi ment the City of Concord to attend Walter H. Buchen thanking the Corres Ninutes 4197 City Council ondence -8- 28 November 1966 29 November 1966 NOTICE OF ADJOURNED MEETING The regular meeting of the City Council of the City of Tiburon on 28 November 1966 was adjourned until 7 December 1966 at 8:00 orc1ock p.m. for the stated purpose of considering a report from the Committee on Lands and Development recommending a Street Policy statement for the City. The meeting will be held in the City Hall, 80 Main Street, Tiburon, California. ( ROSE ~ LDR/eh cc: City Council Planning Commission Parks & Recreation Commission Press - INFORMATION ONLY Staff There being no further discussion, ~~. Ken Rosenthal, a resident of Hilary Drive, spoke once again on question of that street and the pending petitibn .for its complete improvement. Grades and sight distances were discussed and it was the conclusion of the City Engineer that the design elements of the street were within safety tolerances. Fanning called the previous question. the Mr. A. J. Weber of Barner Lane raised questions private roads, particularly as it would applY'to cuss ion elicited the fact that the owners of property abutting on Barner Lane were unable to gain clear title to the Lane in order that they might improve it in accordance with the policy statement and then convey it to the City. As a result of the discussion, the City Attorney was in- structed to work in cooperation with attorneys representing residents of Barner Lane for the 'purpose of resolving their dilemma. respecting the policy on Barner Lanc~ .Din- , Mr. Charles Stine was recognized and asked how the policy would apply in the instance of the pending petition for the opening of Hilary Drive between Rock Hill Road and Avenida Miraflores. The Chair explained that the street would function as an interconnectorJ and the section pertain- ing to interconnector designations were further discussed It was moved by Fanning, seconded by Strawbridge to adopt the draft as the policy statement of the City respecting streets and roads. Bremer questioned the provisions respecting the private roads in the residential districts on the grounds that the intended policy respecting these roads would notencourage their ultimate "inclusion in the City. Drohan introduced on behalf of the Committee on Lands and Development the draft of a policy statement intended to insure the fulfillment of the utilitarian and aesthetic objectives of the street system of the City. The draft was read in its entirety. PRESENTATION OF STREET POLICY DRAFT Mrs Mary Price was recognized by the Chair and asked if she could be advised what services and benefits she received for the taxes she paid to the City. The Mayor responded with a statement concerning the level of police services provided, the work performed by the Department of Public Works, the planning programs under way and various other advantages to be derived from municipal services Mrs. Price thanked the Mayor for his response. Lawrence D. Rose, City Manager Richard H. Breiner, Deputy City Attorney Ray W. Foreaker, Jr., City Engineer EX OFFICIO ABSENT COUNCILMEN None Bremer Drohan Fanning Hoffmire Strawbridge PRESENT COUNCILMEN II The adjourned meeting of the City Council of the City of Tiburon. California. was called to order by Mayor John S. Hoffmiret Jr. at on December 7, 1966 in the City Hall Council Chambers. ROLL CALL State of 8:10 p.m. I. CALL TO ORDER Minutes fF98 CITY CITY OF TIBURON COUNCIL 1 December 1966 ,,-i;: ...----7 I MAYOR OF THE CITr 0 ~ ( -;""'71.. ::-....( TIBURON 196~ Approved by the Council on There being no further b\lsiness meeting was adjourned sine die to come before the Council at this time the ADJOURNMENT ABSENT COUNCILMEN None NOES COUNCILMEN None AYES COUNC ILl-1EN Bremer Drohan, Fanning, Hoffmire Strawbridge The previous Mr. its was question was Rampton Harvey was recognized and objected to the City spending taxpayers money to correct a problem for which the Fire District responsible. called for The motion was put and carried It was moved by Drohan, seconded by Fanning, that the City Manager be authorized to proceed with negotiations with the Fire District and be directed to seek an immediate solution. - The City Manager asked the City Council if they ~ould consent to his negotiating with the Tiburon Fire Protection District for the joint installation of a catch basin in front of the fire house draining through pipe to be installed to Raccoon Strait, since the feasibility of such an undertaking had been investigated and approved by the City Engineer. The City Engineer explained that such a project would be an alternative to the proposal presently being considered by the District to install a berm and otherwise insulate the fire house property from flood waters. Discussion was had on the effect of such an undertaking in reducing the importance of the study of the major Gowntoun drainage problems related to the McCreery-Koretsky Drainage Study. Questions were also raised on the obligation of the City to lend financial support to another taxing agency. Fanning asked if the City was responsible to see that recently installed open ditches and conduits north of the fire house were properly reinstalled. The City Engineer responded that it was the obligation of the City to see that the work was done, but the obligation of the property owner to determine what correction was needed CATCH BASIN AND DRAIN TIBURON BOU1[VM{D ABSENT COUNCILMEN None NOES COUNCILMEN None AYES COUNCILMEN Bremer Drohan, Fanning Hoffmire, Strawbridge The motion was Minutes 1198 City Council put and carried 2 7 December 1966 Minutes /199 CITY COUNC IL 12 December 1966 CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council of the City of Tiburon, State of California, was called to order by Vice Mayor Thomas E. Drohan at 8:09 P.M. on December 12, 1966 in the City Hall Council Chambers. Mayor John S. Hoffmire, Jr. assumed the Chair following approval of minutes. II. ROLL CALL PRESENT: COUNC ILMEN: Bremer Drohan Fanning Hoffmire (8:11 P.M.) Strawbridge ABSENT: COONC ILMEN: None EX OFFICIO: Lawrence D. Rose, City Manager Phil Scott, Development Administrator Robert I. Conn, City Attorney Richard H. Breiner, Deputy City Attorney Ray W. Foreaker, Jr., City Engineer Samuel Shapero, City Treasurer III. APPROVAL OF MINUTES Moved by Strawbridge, seconded by Bremer, that Minutes #97 for the meeting held November 28, 1966 be approved with the amendment of page 8, first sentence under "Treasurer-City Manager" to read "Financial reports for the month of October, 1966 were presented and accepted.", deleting the remainder of the sentence. Miss Anne Ellinwood was recognized and noted Mr. George Drejes' name should be corrected as it appeared on page 7, 3rd from last paragraph. Thereupon, Minutes #97 were unanimously approved as amended. IV. ORDINANCE ORDINANCE TO PROVIDE FOR BOARD OF DESIGN REVIEW AND BOARD OF ADJUSTMENTS Introduction and First Reading By bill dated December 6, 1966, the Development Administrator stated that a new ordinance had been prepared combining the provisions of previously-adopted Ordinance Nos. 62 and 67 establishing the Board of Design Review and the Board of Zoning Adjustments and incorporating all amendments proposed by the City Council and Planning Commission. The Planning Commission recommended adoption, following public hearing on the matter on December 5, 1966. Moved by Strawbridge, seconded by Drohan, that AN ORDINANCE OF THE CITY OF TIBURON ESTABLISHING A BOARD OF ZONING ADJUSTMENTS AND BOARD OF DESIGN REVIEW AND DEFINING THEIR RESPECTIVE DUTIES be read by title only and further reading dispensed with; motion unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ./ Moved by Strawbridge, seconded by Drohan, that the ordinance be considered to have ! passed first reading; unanimously passed: AYES: COUNCILMEN Bremer, Drohan, Fanning Hoffmire Strawbridge NOES: COUNCILMEN None ABSENT COUNC ILMEN None The City Engineer recalled that at the time of approving the tentative map for the subdivision, it was agreed that a portion of Hilary Drive would be left un- improved and a removable barricade placed to prevent through traffic. However Drohan then read letter of Mr. Donald C. Mitchell, submitted but not read at the November 28, 1966 meeting, requesting that public hearing be held on the matter. Also read at this t~e was Fire Chief Busher's letter dated December 7, 1966 recommending that removable barricades be installed on Hilary Drive, as outlined in his previous letter of July 25, 1966. Drohan presented bill dated December 6, 1966 stating that upon receipt of request from Mr. L. B. Fleischman at its November 28, 1966 meeting for consideration of ~provement to an unimproved portion of Hilary Drive between Rock Hill Road and Avenida Miraflores public hearing had been set for this date. OPENING OF UNIMPROVED Public Hearing PORTION OF HILARY DRIVE ABSENT COUNC ILMEN None NOES COUNC ILMEN None AYES Moved by Drohan, seconded by Strawbridge, that Resolution No. 134 be adopted: RESOLUTION OF THE CITY OF TIBURON ADOPTING A STREET POLICY; motion unanimously passed COUNCILMEN Bremer, Drohan, Fanning, Hoffmire Strawbridge Drohan reported that on December 6 evolved a street policy, which had meeting on December 7, 1966, and a before the Council. Drohan read the policy statement. A 1966 the Lands and Development Committee had then been presented at an adjourned Council resolution to adopt such street policy was major headings and pertinent details of now the STREET POLICY OF THE Resolution No. 134 CITY OF TIBURON The Chair ordered the suspension of the order of business to hear a statement on street policy prepared by the Lands and Development Committee and, subsequently Item 2 under Minute Orders, "Opening of Unimproved Portion of Hilary Drive." VI SUSPENSION OF ORDER OF BUSINESS ABSENT COUNC ILMEN None NOES COUNC ILMEN None AYES Moved by Drohan, seconded by Strawbridge, that Resolution No. 133 be adopted: A RESOLUTION OF THE CITY OF TIBURON DEFINING AND ESTABLISHING A STOP INTERSECTION ON REED RANCH ROAD motion unanimously passed COUNCILMEN Bremer, Drohan Fanning, Hoffmire, Strawbridge ABSENT COUNCILMEN None NOES COUNCILMEN None AYES Moved by adopted; COUNCILMEN Fanning, seconded by Bremer, unanimously passed: Bremer Drohan Fanning, Hoffmire, Strawbridge that the City Engineer"s recommendation be By bill dated December 1, 1966, the City Engineer reported he had investigated the request of Sheriff Lt. Barnes that a stop sign be erected in the southbound lane of Reed Ranch Road at its intersection with Warren Way. The City Engineer recommended erection of the stop sign to alleviate the traffic hazards observed ESTABLISHING A STOP SIGN ON SOUTHBOUND LANE OF REED RANCH ROAD AT ITS INTERSECTION WITH WARREN WAY Resolution No. 133 Minutes #99 City Counc il v RESOLUTIONS -2- 12 December 1966 Mr. Hal Schwartz was recognized and street policy--whether public questioned--in light of the newly-adopted necessity existed for the opening of the street Mr. Dick Jones was recognized and stated the opening of the street remain the same Fleischman's request that since all conditions pertaining discussion should be confined to Mr Fanning observed the street Drive to that the Planning Commission had held public hearing on opening and had recommended to the Lands and Development Committee that Hilary ultimately be opened Mr. L. B. of the Hilary Heights subdivision property, was recognized ar.d his original request for permission to ~prove the street stating the matter of safety and placement of a removable barrier should be determined separately. In support of his request, he stated the City would be required to maintain the street, if accepted, after one year; that by placing curbs and gutters, mud and water could be controlled; that 3 or 4 homesites have no access though fronting on a legal city street and thus requiring that encroach- ment permits be obt~ined; that one of his prospective buyers, Mr. Charles Stine, had been refused a loan by the bank until the street was improved. Mr. Fleischman stated the improvement plan he submitted would provide for curbs, gutters and paving of approximately 100' of the street and indicates a removable barrier An estimate made by Mr. Fleischman's engineering firm indicated a total cost $2,300 for this work, and Mr. Fleischman presented his check to the Council $2,500 as cash bond to cover the improvements a Fleischm2u, o#ner restated of for Mr. ____._ _31as recognized, stating school children do not now use the existing partial sidewalk and felt supervision would be required to force use of a sidewalk if complete The Chair then declared the public hearing open. Mr. Ken Rosenthal 1;-las rec00nized and while agreeing with the City's counse 1 generally on the City's liability, felt that if action were taken to open the street in the face o~ w~rnings of its potential danger, the City could be held liable In referring to a memorandum submitted to the questioned the City's liability for accidents Attorney responded that the on the safety of such street the street would meet safety openede The City City Engineer to pass exist if he dete~mined Council by Mr. Mitchell, Strawbridge that might occur if Hilary Drive were subdivision ordinance requires the and no legal liability would requirements neighborhood inter-connector streets, street policy, and did not feel Hilary Drive ueder this definition as a carrier street and, further, he did not believe it be a safe inter-neiehborhood street because of the steepness and curve and, there- fore, should remain closed. However, he noted that with two schools, churches and many homes in the are2 and need for access by emergency vehicles, two conflict- safety requirements Here present. It was his opinion that until a second access Hilary Drive should remain closed and the unimproved portion '\1ith a removable barricade erected as originally intended by the ing roC'.ci. were should be Council Drohan referred contained in the opened paved to the definition of ne,\'jly-adopted as came to It was then moved by Bremer, seconded by Strawbridge, that Minute Order be adopted for the opening of the unimproved portion of Hilary Drive Mr. Don Attorney division Hitchell confirned ordinance \,]as t'~t:> Lh... recognized, er.J.de was stating the street's grade was 19%, within the 20% limitation contained and the City in the sub- The City Engineer noted the approximate 17% grade of the street, which though steep was acceptable, and stated the street has marginal sight conditions from the safety vie'\1point. lk noted the construction of a public sidewalk going to the westerly boundary of the subdivision but no continuation of the sidewalk over the frontage, stating that if a complete sidewalk system were provided with pedestrian crosswalk over the street~ he would find no objection to putting the street through in subsequent processing of the plans had been installed Minutes 4,99 City Coencil a permanent rather than removable barrier -3- 12 December 1966 A short recess The Chair then directed that Mr. Fleischman's check for $2,500 be returned since no commitment had been made on which to apply the deposit and the check was there- upon returned to Mr. Fleischman was declared by The Chair and the meeting reconvened at 10:05 P.M. ABSENT COUNCILMEN None NOES COUNCILMEN Drohan AYES Substitute motion was policy of intent referred to the passed COUNC ILMEN then offered by Bremer who moved to make Hilary Drive a through street staff for appropriate engineering Bremer Fanning Hoffmire Strawbridge that the Council adopt and that the matter be seconded by Strawbridge: motion a Mr. Rampton Harvey was recognized and expressed the thought the City should not be required to pay for these improvements Mr. ment Fleischman demurred costs Bremer motion Engineer plished stated to that the $2~500 bond was as far as that with the approval of seconder one of intent to open Hilary Drive, should also be directed to present a he could go for Strawbridge, he would rephrase his Strawbridge suggesting that the City plan on how this was to be accom- improve- The Chair stated that with proper precautions off with Hilary Drive as an open street exit Haw Tiburon Boul the city as Strawbridge expressed the thought that consistent with the Master Sketch Plan and good planning, the street should be open but that complete safety precautions should be taken. Bremer voiced no objection to opening the street, if properly controlled and did not see why the street should not be improved and paved. Drohan agreed on paving of the unimproved portion of the street, but felt the street should remain closed. Fanning expressed the opinion the street should go through to serve as an for thorne Terrace traffic and to allevia~e congestion that arises on evard. a whole would be better The Chair declared the public hearing closed a would be /"Iity Engineer the crest of Nt's. were Charles Tine was recognized and expressed the opinion that if the sidewalk completed children would walk on this sidewalk instead of the street. Mr. Don Mitchell was again recognized for Hawthorne Terrace traffic; also, to the entrance. The Chair responded efforts to obtain a turn-in lane at the entrance for continuing Rock Hill Drive as an exit road inquiring whether a whether some plan was that the City had not and at present second exit was planned foreseen for improvements been successful in there were its no plans Mr. Veto Palmer was recognized and stated that the street should be proper drainage whether or not the street was opened Mrs. Dorothy Levitan was recognized expressing the be opened to provide an exit from Hawthorne Terrace improved for opinion that the Mrs. Joy Keller was recognized stating that as it had always been indicated the street would ulttffiately go through for convenience and safety it should be opened street should Mr. Paul the street difficult Anderson, objection because another also be Peterzell and was recognized, agreeing with stating that safe entrance and exit of the blind curve on Hilary Drive. Hilary Drive resident~ could not be voiced the arguments against extending from his driveway was already He stated that Mr. Norman present but asked that his Minutes /199 City Council -4- 12 December 1966 ABSENT COUNCILMEN None NOES COUNCILMEN Non~ Strawbridge AYES Moved by Drohan, seconded by Bremer, that the City Attorney be instructed to prepare a resolution adopting Master Sketch Plan 1990, as approved by the Planning Commission on November 7, 1966, and deleting therefrom all references to the down- town area as indicated on the map and text; and that this resolution be ready for the next meeting of the Council and a public hearing be set for that date motion unanimously passed COUNCILMEN Bremer Drohan Fanning Hof fmire Mr. some used ~~illiarns noted the Plan does not resolve the location of the civic future parks and mentioned the City's application for federal aid for refining the plan center or l'lould be Mr. Rampton Harvey ,~as recognized and felt the also be removed from the Map's indicated land use. mittee had discussed this possibility but felt the present prehensive enough to allow for any proposed development of Hilarita Housing Project area should Drohan responded that his com- R-l B-2 zoning was com- this area Mrs. Mimi Berticevich, representing recognized and expressed the desire balance of the Sketch Plan the Parks and that the downtown area Recreation Commission, was be removed from the Miss Anne Ellinwood ~as adopt the Master Sketch given area. Mr. HillinlUS and any portion of the map recognized and inquired whether it would be possible to Plan without indicating the specific use proposed for a that the Plan is merely a set of principles left undesignated as to specific use responded could be On behalf of the Lands and Development Committee, Drohan suggested that considera- tiOE of the downtown portion of the Plan should be made separately. He also expressed the thcught that if it were necessary to retain outside assistance in order to complete a zoning ordinance by the August, 1967 deadline, this should be done. The City M2.nager stated that in anticipation of this a report would be given to the Council within the next thirty days Mr. Syd Hilliams of the firm of ~~illiC',:ns, Cook and Mocine, was then pon review the Plan. He stressed the fact that refinements of the Plan s of density and also specific development of tbe downtown area) could be accomplished through amendment of existing or~inances prior to establishment of the permanent zoning ordinance" He emphasized that the Plan initiates rather than completes a planning prograll, UGd that reference to the text was equally as important as reference to the cap when considering phases of the Plan. He felt the City should continue to press the State for landscaping and trails connected with the State's proposed ext2nsion of Tiburon Boulevard, and cited the Strawberry Shopping Center as Qn area that might be subjected to study by a traffic engineer should it come within the Cityfs jurisdiction through annexation December 1, 196G approval of the plan end ~^rnmittee thut the Plan be of the COt:nc il to the Parks and Recreation Commission had expressed it ,.,as the recommendation of the Lands and Deve10p- '?,dopted and public hearing be set for the next By bill dated December 6, 1966 out of the Committee on Lands and Development, Drohan presented the matter of consi.deration of Master Sketch Plan 1990, prepared by the firm of Williams, Cook and Mocine, and adopted by the Planning Commission at its Novenber 7, 1966. The report carried the City Manager's recommendation that public hearinG be set for December 27, 1966. Drohan stated that a new zoning ordinance must be adopted by the City by August, 1967. He stated that Master Sketch PI~n 1990 was prepared to provide an up-to-date visualization of the Citizens Adv~sory Committee1s work and will serve to indicate land USes in a general wuy as a bGsis for acoptin3 a permanent zoning ordinance MASTER SKETCH PLAN 1990 VII MINUTE ORDERS Minutes #99 City Council -5- 12 December 1966 Fanning presented bill dated December 6, 1966 containing the City Manager's recom- mendation that because of federal retrenchment on expenditures for beautification and the likelihood that the City would not receive federal matching funds, that landscaping plan approved by the City Council on November 10, 1966 be undertaken, using day labor by the city; and, further, that the Superintendent of Public Works be authorized to buy necessary materials directly, and the City Manager be instruc- ted to efforts to obtain federal matching funds. It was noted that a bid to m~terial had been received from Sunnysirle Nursery in the amount terminate supply pla~lt LANDSCAPING PROGRAM AT REED RANCH ROAD TIBURON BOULEVARD ABSENT COUNCILMEN None NOES COUNCILMEN None AYES COUNCILMEN Bremer Drohan Fanning Hoffmire Strawbridge The question was called for and motion unantmously passed It was the sense of Hightvays on Court; and at stop at of the Council the cor.struction ~~ the same time the Rock Hill Road at The ........1. a bus Mayor Chair turn-out at will determine should negotiate the east the stop status of with at the Division Jefferson a proposed bus Mr. bus Re.mpton Harvey was turn-out should be recognized stating that because of the traffic hazard provided at the east stop at Jefferson Court The Chair questioned whether some alternate Engineer ~esponding that for safety purposes walk offered the best solution a solution might be proposed, the City construction of the proposed side- }lr. Don Tayer, President of the ReeJlands nized stating that while residents of this the entrance to the Reedlands, the proposed stitute. He requested that the City be alert that the westbound stop be eliillinated on be available to migh t passen[;ers. Property Owners Association, was recog- area would prefer the bus stop opposite sidewalk would serve as a safety sub- to any suggestion by Greyhound Lines the basis that this sidewalk would proposal and that 1966, the previously Strawbridge that the reco~~lendations of the City be accepted to obtain confirmation of the previous by Cecotti & Sons in the amount of $2,146.70 and award the contract in accordance with the City Manager's recommendation of October 10, te fin~nced from the Contingency Fund as a new project not work budgeted Noved by Engineer seconded a.nd he be by Fannin~ authorized Boule to consider amending of Tiburon Eoulevard be meandering sidewalk of ~~ Division of High~ays had safetYe The City Engineer was originally proposed. both as side and Reed to provide a n~phalt construction By letter of November 28, 1966, again rejected the proposed bus stop for reasons of recommending that the sidewalk be built as and construction now to alignment the Strawbridge presented repo~t of the City Engineer that on October 10, 1966, the Council instructed negotiations Hith the Division of Highways to side of Tiburon Reed Ranch Road to construct a Jef::erson Court at the plan t"'lzen dated December 6, 1966 stating the City Engineer to reopen construct a bus stop on the south and if negotiations were unsuccessful concrete s i.dewalk on the east Ra nch Road SIDEWALK The Chair directed Committee to r~quire January if the COlTIl~1.it tee FROH rrEJDLANDS :::0 ti1C rr..3. t tc r con:: inu.::d end authorized notice of public hearing at desired to hold. hearing Jr~FFER3CJ.J COURT the at the Lands Council's that time and Development first meeting in On behalf of the and Development Committee, Drohan presented report dated December 6, stating that the Downtown Sketch Plan prepared by the firm of Callister Payne had been referred to this Committee on July 25, 1966, after having been approved by the Planning Commission. The Parks and Recreation Commission had conveyed its recommendations to the Council on November 14, 1966. A report from the Tib~ron Peninsula Advisory Committee having just been received and containing extensive recon~endations, Drohan stated additional time will be required for the its contents and requested that further consideration of continued to the next regular meeting COI:ll'ni t tee the La nd s 1966 & to evalu~te DO~'7ntm'El Sketch Plan be Minutes {ft99 City Council -6- 12 December 1966 / I....':t~ <-- 1. ... 'I' 'J... MAYOR OF THE CITY ~TIBbRON ( .1 196\ Approved by the Council on The Chair declared The Chair noted that because of the holiday Council would be held on January 9 1967. the meeting adjourned at 11:34 P.M season the next regular meeting of the IX Fanning stated illegal operation of a duplex unit within a single-family zoning had been reported to him and asked if the staff were aware of it. Fanning's suggestion, the Chair directed the City Manager to make all efforts to the situation between now and the next meeting of the Council, and if he felt necessary, to have the matter placed on the agenda for the next meeting with proper notification to all parties ADJOURNMENT residential Following resolve Zoning~Violation on Vistazo West NOES ABSENT COUNCILMEN ILMEN COUNC None None AYES Moved by Fanning, passed: COUNC ILMEN Bremer, Drohan Fanning Hoffmire Strawbridge seconded by Drohan, The Chair expressed pleasure in nominating Mr. Donald J. O'Leary to the Planning Com- mission to fill the unexpired term of Mr. John Berryman; and Mr. Joseph H. Bacheller to the Parks and Recreation Commission to fill the unexpired term of Mr. Robert that the nominations be accepted unanimously III Singer. Planning Commission and Commission A ointments Parks and Recreation VIII QUESTIONS ABSENT COUNCILMEN None NOES AYES COUNCILMEN COtJNC ILMEN None Bremer, Fanning Drohan Moved by Fanning, seconded by Drohan, that the City Manager's recommendations be accepted and the project be completed with City of Tiburon labor and in accordance with previously-approved plans; unanimously passed Hoffmire Strawbridge of $1,845 and with approximately $500 required for irrigation piping, estimated total costs would not exceed $2,300. Hinutes {t99 City Council -7- 12 December etc. 1966 Minutes /1100 ctTY COUNCIL 9 January 1967 CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council of the City of Tiburon, State of California, was called to order by Mayor John S. Hoffmire, Jr. at 8:10 P.M. on January 9, 1967 in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Bremer Drohan Fanning Hoffmire Strawbridge ABSENT: COUNC ILMEN : None EX OFFICIO: Lawrence D. Rose, City Manager Phil V. Scott, Development Administrator Robert I. Conn, City Attorney Richard Breiner, Deputy City Attorney Ray W. Foreaker, Jr., City Engineer The Chair welcomed numerous students of Redwood High School's government class. III. APPROVAL OF MINUTES Moved by Strawbridge, seconded by Drohan, that Minutes #98 for the meeting held December 7, 1966 and Minutes #99 for the meeting held December 12, 1966 be approved as submitted; unan~ously passed. IV. ORDINANCES BOARDS OF DES IGN REVIEW AND ZONING ADJUSTMENTS Second Reading and Adoption Ordinance No. 71 Having passed first reading on December 12, 1966,. an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ESTABLISHING A BOARD OF ZONING ADJUSTMENTS AND BOARD OF DESIGN REVIEW AND DEFINING THEIR RESPECTIVE DUTIES, came on for second reading and adoption. It was noted by Agenda Bill dated December 30, 1966 that in accordance with notice published December 28, 1966, adoption of the ordinance was now before the Council for public hearing.. The Chair declared the public hearing open. Drohan questio~ed whether the lack of provision for referring matters from the Board of Adjustments to the full Planning Commission might not present problems in the future. The City Manager responded that in accordance with the Government Code, such boards may not delegate their decision-making powers although the Board of Adjustments might refer a matter to the Planning Com- mission for consideration prior to taking action on any matter. There being no appearances concerning the ordinance, the Chair declared the public hearing closed. Moved by Fanning, seconded by Bremer, that Ordinance No. 71 be read by title only; unan~ously passed: AYES: COUNC ILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNe ILMEN: None Title was so read by the City Manager. Moved by Fanning, seconded by Drohan that Ordinance No. 71 be adopted unantmously passed On DESIGNATING AUTHORIZED OFFICIALS R8s01ution No. 136 behalf of the Administration and Finance Committee Strawbridge presented CIVIL DEFENSE ABSENT COUNCILMEN None NOES COUNCILMEN None AYES COUNCILMEN Bremer, Drohan, Fanning Hoffmire Strawbridge Question on the motion was The Deputy City Attorney called attention to a typographical error in the resolution, noting the following words should be inserted in the 2nd line, 2nd paragraph: "...Planning Commission on November 7, 1966, set forth the adoption of said Plan b the Plannin Commission as the General Plan for the City of Tiburon," called for and unanimously passed There being no further appearances closed. the Chair declared the public hearing Strawbridge proposed that the services of a planning student might be employed to serve as a liason in developing a draft, working with the County's planning department. Drohan agreed this might be worthwhile but cautioned the Council on the delay which would result as the County must first establish the criteria for its proposed County-wide zoning ordinance format. Bremer suggested that as the matter is under the jurisdiction of the Planning Com- mission that this body be made aware of the suggestion and its attendant l~itations, leaving the matter to decision by the Planning Commission. With the adoption of the Plan, Drohan urged that the Planning Commission should immediately proceed with drafting of the new zoning ordinance and that a planning consultant's services be obtained for this purpose. Bremer agreed feeling the Planning Commission should be directed to commence preparation of such draft. As it was the sense of the Council that the matter of urgency be relayed to the Planning Commission, the Chair. ordered that a letter be directed to the Planning Commission pointing out the necessity for expediency in drafting a zoning ordinance and that Drohan work with the City Manager in preparing the letter Drohan read letter of the Parks and Recreation Commission addressed to the Council on December 1, 1966 endorsing the Plan generally and emphasizing implementation of certain features of the Plan. Drohan suggested the letter be transmitted to the Planning Commission with the adopted Plan, and the Chair so directed The Chair then declared the public hearing open Moved by Drohan, seconded by Bremer, that Resolution No RESOLUTION OF THE CITY OF TIBURON ADOPTING GENERAL PLAN 135 be adopted By Agenda Bill dated December 30, 1966, Drohan reported the matter of adoption of Master Sketch Plan 1990 was now before the Council for public hearing, having been set over to this date from the adjourned meeting of December 27, 1966. He noted the Plan had been discussed at length on December 12, 1966, at which time the Lands and Development Committee requested the deletion from the Plan of the "downtown" area, as defined in the Downtown Sketch Plan. The deletion having been made, Drohan stated the Lands and Development Committee now recom- mended adoption of the Plan a MASTER SKETCH PLAN 1990 Hearing - Resolution No. 135 v RESOLUTIONS ABSENT AYES NOES COUNCILMEN ILMEN COUNCILMEN: None Bremer None Minutes 4/100 City Council COUNC Drohan, -2- Fanning Hoffmire Strawbridge January 9 1967 By Agenda Bill dated December 30, 1966, application of Earl L. Bailey, dba Village Taxi & Limousine Service, was before the Council requesting permis- sion to operate a taxi service in the City of Tiburon consisting of one limousine and one taxi. It was noted that Ordinance No. 29 governing such services was written to provide non-exclusive certificates; and it was the City Manager's recommendation that consideration first be given to deter- mining whether such service should be an exclusive franchise; if it is found that certificates shall be non-exclusive, that a policy dete~ination be made as to whether a place of business must be established in the City as a condition of a certificate and further, determining whether basic rates need to be adjusted APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE TAXI SERVICE VI MINUTE ORDERS ABSENT COUNC ILMEN None NOES COUNCILMEN: None AYES Que s t ion was passed COUNCILMEN for and motion to adopt Resolution No. Bremer Drohan Fanning, Hoffmire Strawbridge unanimously called Mr. Fred Hannahs was recognized and inquired whether this agreement was the same as one previously prepared. The City Engineer replied it was a sub- stantially amended version, allowing the County.to release funds that could not be matched and to reallocate on the basis of a priority system, noting that each city appoints a representative to an Urban Thoroughfare Selection Committee which annually reviews and establishes the priority system 137 Moved by adopted, THOROUGHFARE Bremer, seconded by Strawbridge, that Resolution No. 137 be a RESOLUTION FOR ADOPTION OF AGREEMENT FOR IMPROVEMENT OF URBAN SYSTEM Bremer stated he assumed approval of the agreement would be helpful to Tiburon's sister cities and inquired what City streets might be involved The City Engineer stated he had worked on the committee preparing this priority system and that although no City streets were presently included, within the five-year term of the agreement it was conceivable that Trestle Glen and Paradise Drive might qualify for consideration. On behalf of the Public Services Committee, Bremer presented Agenda Bill dated January 4, 1967 containing the City Manager's recommendation that the Mayor be authorized to sign an agreement which, upon adoption by the various cities within Marin County, will determine the manner in which County Road Funds under provisions of Section 186.1, Streets and Highways Code, will be allocated for the construction of urban thoroughfare streets ADOPTION OF URBAN THOROUGHFARE AGREEMENT Resolution No. 137 ABSENT COUNCILMEN None NOES COUNCILMEN None AYES Strawbridge moved, seconded by Bremer, that Manager's recommendation, Resolution No. 136 DESIGNATING THE CITY MANAGER TO ACT IN MATTERS CIVIL DEFENSE ACT OF 1950 unanimously passed: COUNCILMEN Bremer Drohan Fanning, in accordance with the City be adopted, a RESOLUTION PERTAINING TO THE FEDERAL Hoffmire Strawbridge Agenda Bill dated December 30, 1966 carrying the City Manager's recommeuda- tion, in further implementation of the Civil Defense Program effective January 1, 1967, that a resolution be adopted designating the City Manager- City Clerk as the authorized official to sign documents required by the California Disaster Office. Minutes 41100 City Council -3- January 9, 1967 By Agenda Bill dated December 30, 1966, application of Earl L. Bailey, dba Village Taxi & Limousine Service, was before the Council requesting permis- sion to operate a taxi service in the City of Tiburon consisting of one limousine and one taxi. It was noted that Ordinance No. 29 governing such services was written to provide non-exclusive certificates; and it was the City Manager's recommendation that consideration first be given to deter- mining whether such service should be an exclusive franchise; if it is found that certificates shall be non-exclusive, that a policy determination be made as to whether a place of business must be established in the City as a condition of a certificate and further determining whether basic rates need to be adjusted APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE TAXI SERVICE VI MINUTE ORDERS ABSENT COUNC ILMEN None NOES COUNCILMEN None AYES Question was called passed COUNCILMEN for and motion to adopt Breme r , Drohan Fanning, Hoffmire Strawbridge unanimously Resolution No. Mr. Fred Hannahs was recognized and inquired whether this agreement was the same as one previously prepared. The City Engi~eer replied it was a sub- stantially amended version, allowing the County to release funds that could not be matched and to reallocate on the basis of a priority system, noting that each city appoints a representative to an Urban Thoroughfare Selection Committee which annually reviews and establishes the priority system 137 Moved by Bremer, seconded by Strawbridge, that Resolution No. 137 be adopted, a RESOLUTION FOR ADOPTION OF AGREEMENT FOR IMPROVEMENT OF URBAN THOROUGHFARE SYSTEM. Bremer stated he assumed approval of the agreement would be helpful to Tiburon's sister cities and inquired what City streets might be involved The City Engineer stated he had worked on the committee preparing this priority system and that although no City streets were presently included, within the five-year term of the agreement it was conceivable that Trestle Glen and Paradise Drive might qualify for consideration. On behalf of the Public Services Committee, Bremer presented Agenda Bill dated January 4, 1967 containing the City Manager's recommendation that the Mayor be authorized to sign an agreement which, upon adoption by the various cities within Marin County, will determine the manner in which County Road Funds under provisions of Section 186.1, Streets and Highways Code, will be allocated for the construction of urban thoroughfare streets ADOPT ION OF URBAN Resolution No. 137 THOROUGHFARE AGREEMENT ABSENT COUNCILMEN None NOES COUNCILMEN: None Fanning Strawbridge AYES Strawbridge moved, seconded by Bremer, that in accordance with the City Manager's recommendation, Resolution No. 136 be adopted, a RESOLUTION DES IGNAT ING THE CITY l-1ANAGER TO ACT IN MATTERS PERTAINING TO THE FEDERAL CIVIL DEFENSE ACT OF 1950; unanimously passed COUNCILMEN Bremer, Drohan Hoffmire Agenda Bill dated December 30, 1966 carrying the City Manager's recommeRda- tion, in further implementation of the Civil Defense Program effective January 1, 1967, that a resolution be adopted designating the City Manager- City Clerk as the authorized official to sign documents required by the California Disaster Office. Minutes 4i100 City Council -3- January 9 1967 Noting that applicant stated he dispatched Mr. Cohen inquired whether applicant was than himself, to which applicant cabs for two other applying for operators responded he was not. companies other Bremer inquired of Mr. Cohen whether he maintained a cab stand, and the City Manager stated this requirement was deemed to have been met by Mr Cohen's filing of a statement designating the Boardwalk parking lot Ted Cohen, operator of taxi recognized and put before the was not enough business for two indicate services under Council his taxi the present business operations franchise, was records, stating there as his records would Drohan questioned the provisions of Ordinance No. 29 requiring the Council to determine the economic feasibility of two cab service operations and inquired what facts would be needed to consider the economic feasibility of the application. Bremer stated insufficient material was available-- the Deputy City Attorney then explaining the burden of supplying desired information was upon the applicant. Fanning suggested that a committee of the Council should look into the application, study the facts presented to it and report back to the Council. The City Attorney stated passengers a contract ordinance is not is specific that when coming into the City limits to pick up thereby executed within the City; however, the and can be interpreted both ways To Strawbridge's question as to why applicant cannot operate as he presently does without the certificate, the City Manager stated that while applicant could convey customers into the City limits, picking up passengers within the City limits would establish a contract requ~ring that a franchise be obtained for doing business within the City. The applicant stated that while he does not accept passengers for intra-City travel, he has been servicing about 10 Tiburon customers a day for travel outside the City l~its and he requested clarification on interpreting the ordinance His application was made on the basis of the demand for taxi services he is now receiving from residents west of the Trestle Glen area, as well as possible expansion of the City limits through annexation, and applicant stated it was his desire to supplement rather than compete with existing service Mr. Earl L. Bailey, applicant, was recognized stating that his office in the Strawberry area, which also dispatches for two other cab companies, receives 10 to 15 calls per day within the City limits and he felt there was need for additional service in this area, citing the 9 taxi permits issued to serve the Mill Valley area with approxtmately 10,000 people and the I permit existing in Tiburon to serve 8,200 people of the Tiburon- Belvedere area. He stated his willingness to establish a downtown stand for radio-dispatch of cabs if required Letter received from Mr. Rafael S. Soriano was service of the present taxi service operator then read endorsing the Mr Ted Cohen On behalf of the Public Services Committee, Bremer hear further from the public and Staff on the need services; that the police services be requested to certify as to the equipment and competency of the drivers; that Staff advise on the present availability of cab stands and thereof; and that the applicant should be required to perform services within the City of Tiburon merits maintain an office and stated he wished to for additional taxi The City Manager recommended: (1) that taxi service to the City not be od the basis of an exclusive franchise; (2) that with respect to this parti- cular application, establishment of a fixed place of business within the City not be required; (3) that rates proposed by applicant be accepted and (4) that prior to final action, the police services be asked to examine and approve the certified equipment and certify to the competency of appli- cant and any drivers; (5) that applicant be required to provide insurance required by Ordinance No. 29; and (6) that a period of thirty days be allowed to lapse before final action so that any protests or exceptions may be filed Minutes IF 100 City Council -4- January 9 1967 Strawbridge stated the owners in single-family separate living quarters the element of profit as ordinance should be revised residential zoning and that should not be included incompatible with R-l in zoning to protect property buildings providing such zoning, citing The City Manager stated that when the matter was brought to the City's attention in 1965, an inspection had been made and the City ordered a portable kitchen unit removed from the premises. The Development Adminis- trator's recent inspection revealed no separate kitchen facilities for Mr Saraiva By Agenda Bill dated January 4, 1967, it was reported by the Development Administrator that in accordance with request made at the Council's December 12, 1966 meeting, he had investigated the alleged violation at 1801 Vistazo West, finding that the owner of said property, a Mr. Saraiva is renting a room from tenants of his building and that in accordance with Marin County Ordinance 264, Section l4(a) l(A), adopted by the City of Tiburon as Ordinance No.5, this was a permitted use. The Development Administrator advised that since it appeared the owner is in fact renting rooms from legal occupants of the building and since the property is located in R-l; B-3 zoning where such renting is per.mitted, it was ques- tionable that any action against the owner would be possible under the te~s of the City's zoning ordinance. Attached as an exhibit to the report was copy of the City Attorney's letter dated October 8, 1965 confirming this as legal use of the property under provisions of the ordinance a ALLEGED VIOLATION OF ZONING 1801 Vistazo West By Agenda Bill noted the subject City of Tiburon was on July 11, 1966 (Item No. on the desired regulations had been ordinance now being considered by dated of December 30, 1966, the Development Administrator regulating and restricting real estate signs in the referred to the Planning Commission by the Council 8 the Suspense Calendar). He reported incorporated 1n a draft of a new sign the Commission REAL ESTATE SIGN RESTRICTIONS The Chair expressed the thought that the Parks and Recreation Commission might wish to investigate the trestle for possible use as a hiking and biking trail It was the City Manager's recommendation that the Council might also wish to inquire about the status of the tunnels under the Reedlands and near Bel Aire School which will also be abandoned In view of the long history of the railroad's operation through Tiburon Fanning suggested a civic ceremony be planned on the day of the train's last run through the City; and conforming to the sense of the Council The Chair directed the Public Services Committee to undertake such a project, the City Manager to communicate with the railroad determine this will take place directing the date to Bremer presented Agenda Bill dated December 30, 1966 in which it was reported that on December 12, 1966, the Interstate Commerce Commission granted the petition of the Northwestern Pacific Railroad to abandon a portion of its main line between Meadowsweet and Tiburon, together with a barge line between Tiburon and San Francisco, subject to the condition that the order would not be effective until the Puerto Suello Tunnel was reopened to rail service CERTIFICATE AND ORDER OF ABANDONMENT Northwestern Pacific Railroad VII REPORTS A brief recess Thereupon, the Chair directed that the matter be referred to the Public Services Committee for investigation and placed on the Suspense Calendar until the recommendations are presented to the Council was declared the meeting reconvening at 9:34 P .M Hinutes #100 City Council -5- January 9 1967 The Chair acknowledged receipt of a letter from Mrs. Samuel Mann, proposing a joint project by the Cities of Tiburon and Belvedere Belvedere resident for the landscaping Joint LandscaDin Cit ies of Tiburon and Belvedere VIII By Agenda Bill dated January 4, 1967, it was reported by the City Manager that recognizing a need for an inventory of signs and pavement markings used to regulate traffic, the City hired Mr. Joseph Fernandez, a Marin College student, who had completed this work during Christmas vacation at a total cost of $89.50. The City Manager commended him for the excellent job. Samples of the completed index, intersection drawings and inventory were presented for the information of the Council QUESTIONS INVENTORY OF TRAFFIC REGULATION DEVICES The Chair directed that the matter be referred to the Development Adminis- trator, the Lands and Development Committee to work with him. He stated written comments from interested parties would be welcomed to prevent duplex within Fanning stated of a room single-family that while he in a private home, situations such as ike to see a ban placed on the rental u the ordinance should be tightened presumed premeditated building of a residential zoning did no t he agree...1 this Mr. Edgar Castellini ~~ners, protested the ~~as recognized and on behalf of the Hill Haven Property continued use of this property by two families Mr. owners in accessory use constructed as Andrew Johnson was recognized, feeling that the rights of property the Hill Haven area were jeopardized by the inclusion of this ordinance and believed the subject building had been in the a duplex Mr. Fred Hannahs was recognized recalling that inclusion of this accessory use in the ordinance was questioned 2-1/2 years ago but accepted upon the City's incorporation with the thought a new zoning ordinance would soon be adopted. He stressed the need to delete this portion from the ordinance and urged prompt adoption of a new zoning ordinance Dusty Rhodes was in the ordinance, family residential recognized did not seem use stating that providing consistent with his table board, as described interpretation of single- Mrs. Mimi Berticevich, Hill Haven property owner, was recognized stating had addressed a letter to the Council objecting to the present use of the building and stating she had observed 30 to 40 people being entertained by Mr. Saraiva. She objection to the possible renting of rooms within a home expressed no to relatives she Miss Anne Ellinwood was recognized, stating her views had been expressed in a letter addressed to the Council on January 5, 1967. She stated revision of the ordinance should resolve two basic elements of the problem--the criteria establishing that those under the same roof are living together as a single family, and the matter of equity where income is being derived from a single-family residence while taxes are based on non-income producing pro- perty. The City Manager suggested the legal description might include the require- ment that all rooms in a structure have internal connection preventing the closing off of a portion of the residence for separate use It was established the building had separate entrances, and Drohan stated it appeared the building was originally designed as a duplex. He agreed with Strawbridge that the ordinance should be revised, but recognized the difficulties in legally defining single-family residential zoning without prohibiting the possible rental of a room within a home to possibly a relative Minutes 11100 City Council -6- January 9 1967 Following the last meeting of the Council the Deputy City Attorney had written to Barner Lane The Deputy City Attorney brought to the Council's attention the filing of a use permit for operation of a parking lot in the downtown area of the City, which had been denied by the Board of Adjustments. By letter to the City Manager, applicant had requested an appeal from the Board's decision. Mr. Weinberg had requested of the Deputy City Attor- ney that there be a continuance on the hearing of appeal until January 23rd, and there being no objection, the Chair declared the matter would come on the agenda for that meeting of the Council Use Permit Application for Parking Lot Mr Matthew Weinber licant Mr. Rampton Harvey was recognized and while agreeing on the ing the City Engineer's request that in the future a should be handled by requesting for the whole project urged rebids Council's action in support- circumstance of this type ABSENT COUNC ILMEN None NOES COUNCILMEN None AYES Moved by Strawbridge, seconded by Bremer, that the additional expenditure of $1,600 be authorized for this work and transfer be made from Project 67-P-I as requested unanimously passed COUNCILMEN Bremer Drohan Fanning Hoffmire Strawbridge crease street after permit $3,000 The City Engineer then stated that after plans and specifications had been prepared this project and bids advertised, another drainage problem related to this area had come to his attention and rather than initiate a change-order at that time to provide a catch basin on the east side of Centro West, he was now requesting authorization to in- the contract by $1,600 to allow for the extension of the curb and gutter on this It his recommendation that authority be granted to issue a change-order further, authorizing a transfer from Project 67-P-I accomplished increasing the budgeted figure from . signing contract this additional work to $4,000 was the and to be to for ABSENT COUNCILMEN None NOES COUNCILMEN None AYES Moved by Bremer, seconded by Fanning, that the bid of E. A. and the City Engineer instructed to so notify the successful COUNC ILMEN Bremer, Drohan Fanning Hoffmire Forde Company be accepted bidder; unanimously passed Strawbridge Strawbridge presented the City Engineer's report dated January 6 1967 tabulating bids received on Project 67-P-2 for road repairs on Esperanza Street, requesting the Council to accept the low bid of $2,229.00 from E. A. Forde Company of San Rafael. The City Engineer noted the work involves removal and replacement of paving on the east side of Esperanza Street between Mar West and Centro West, installation of curbs and gutters, a catch basin and culvert. He noted that the bid of Ceccoti & Son had appeared to be lower, but a mathematical error had been found in extension of unit prices and he, therefore, recommended acceptance of the Forde Company bid The budget provides $3.000 for this work Acceptance of Bid Fanning asked the Council connection with his recent granted by the Chair for Road Repairs permission to appointment to Esperanza Street leave the country shortly for a trip in the Alliance for Progress program approval s Travel of Lagoon Drive and Tiburon Boulevard from Mar West to San Rafael Avenue. On behalf of the Parks and Recreation Commission, Mrs. Berticevich reported the matter was now before the Commission's budget committee for consideration and a recommenda- tion will be forthcoming in the next few weeks The Chair requested the City Manager to reply to Mrs Mann's letter b Councilman Minutes -# 100 City Council -7- January 9 1967 Mr Andrew Johnson was recognized stating that for public safety the City should Obstruction on Paradise Drive Mr Ben Farlatti was recognized stating he would like to discuss the denial of his sign permit for a sign in the dining room window of the Tiburon Lodge. The Develop- ment Administrator responded that since Mr. Farlatti's request for appeal had now been received the matter would be placed on the agenda for the January 23rd Council meeting Sign Violation Miss Anne Ellinwood was recognized and requested clarification on requirements for putting matters to bid, asking whether the additional $1,600 authorized for improve- ments at Esperanza Street ~~ould affect funds that might be available for improving Diviso Street. The City Engineer replied that the Government Code requires that public works projects greater than $2,500 must be put to public bid; and that as tax monies could not be expended on Diviso Street, such improvements would have be funded elsewhere than Project 67-P-I Tiburon Lodge gas to Bidding Procedure Mr he Ben Farlatti was recognized had brought to the City and resulting stated this was in $200 in room the fourth TV tax revenues The on the street. supervising City Manager reported filming of a TV evening of January 10, 1967 and that Costs of needed police regulation will the filming commercial filming commercial will take place on Main Street it will not be necessary to close the be carried by the advertising agency TV Commercial To Strawbridge's question concerning audit year, the City Manager stated the auditor mencing work. It was noted by the Chair to engage an auditor's services earlier auditor for the current fiscal year Filming of the City's books for the had requested a IS-day extension that the suggestion made at a previous meeting in the year ~~ould be followed in employing an 1965-66 before fiscal com- Auditor Strawbridge arrangements reported the another week inquired about the status of the fire house drainage problem, and also for the ponding area on property of the Tiburon Peninsula Club. Bremer topographic study made on the ponding area would be available within Drainage Problems Tiburon Fire House and ponding at Tiburon Peninsula Club Drohan reported clusions on the Resolution No The of report to coming on the Lands and Development Committee had reached some definitive con- Downtown Plan after considering the Parks and Recreation Commission's I and the report submitted by the Tiburon Peninsula Advisory Committee his Committee will be transmitted to Council members for study prior the agenda for the January 23rd meeting Downtown Plan Drohan inquired about the status of discussion on the Hilarita Housing Project land. The City Manager advised conferences had been had with school district representatives and Mr. Stutsman of the Marin County Housing Authority to prepare a statement on the matter. He noted that since the Reed Union School District has expressed interest in acquiring all or a portion of this property for school expansion, and since the Housing Authority will recognize its first-refusal commitment made to the school district some years ago, no further discussions are anticipated until the school district can deter- mine the extent of its program ~~hich they hope to finance through State funds Hilarita Housing Mrs. P. Dunlap Smith, Jr. to remind her to have matter of the legal status of Barner Lane, suggested the Deputy City Attorney contact no Mrs her reply as yet Smith again attorney contact having been the City on received the Drohan Minutes f/lOO City Council -8- January 9 1967 Minutes #100 City Council -9- January 9, 1967 investigate the hazard caused by cement jutting into Paradise Drive between the numbers of 2078 and 2092. The Chair directed the City Engineer to look into the matter and report to the Council. IX. ADJOURNMENT The meeting was adjourned at 10:55 P.M. in respect to the memory of the Richard and Roger Dakin families. /' - Approved by the City Council on: :>>~dJl3 , 1967 // '....N) {,c . -,,- .--/ / '. ~-t j ,-,- --- .>... 1 MAYOR OF THE CITY OF TIB~RON