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HomeMy WebLinkAboutTC Min 1967 (January thru August) Minutes /;101 CITY COUNCIL 23 January 1967 CITY OF TIBURON I. CALL TO ORDER T~e 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. on January 23, 1967 in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Bremer Drohan Hoffmire Strawbridge ABSENT: COUNC ll,MEN : Fanning 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 Louis Brunini, Superintendent of Public Works Sam Shapero, City Treasurer The Chair welcomed Parks and Recreation Commissioners Irving Moulin, M~i Berticevich, ._o~ly Smith; Planning Commissioners Erik Rettig and Alton Lee; and Tiburon Peninsula Advisory Committee Chai~an Rampton Harvey and Vice Chairman Anne Ellinwood. III. APPROVAL OF MINUTES Moved by Drohan, seconded by Bremer, that Minutes #100 for the meeting held January 9, 1967 be approved as submitted; unan~ous1y passed. IV. RESOLUTIONS BUDGET PROPOSAL FOR ENGINEERING FUNDS STATE GAS TAX ':'~~olution No. 138 Bremer presented Agenda Bill dated January 17, 19~7 carrying the recommendation of the City Manager and City Engine~r that the budget proposal required annually for submission to the State Division of Highways in order to receive an allocation of engineering funds, pursuant to Section 2107.5 of the Streets and Highways Code, be adopted in the sum of $2,000 for the fiscal year 1967-68 and that Resolution No. 138 be adopted for this purpose and the Mayor be authorized to sign these documents In response to Drohan's questions on how the amount of the fund is determined and whether the funds are matching, the City Manager replied the sum is fixed by statute based on population, and the funds were not matching. Moved by Bremer, seconded by Strawbridge, that the recommendations of the City Manager and City Engineer be accepted and Resolution No. 138, A RESOLUTION OF THE CITY OF TIBURON ADOPTING AND SUBMITTING A BUDGET FOR, EXPENDITURE OF STATE ALLOCATED (ENGINEERING) FUNDS, be adopted; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENr: COUNCILMEN: Fanning V. APPEALS APPLICATION FOR USE PERMIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE BETWEEN TIBURON BLVD. AND MAR EAST A~p1icants Matthew B. Weinberg, Michael Y. W. Demaurex, et a1 Agenda Bill dated January 17, 1967 was presented by Drohan in which it was stated that on September 27, 1966, applicants had submitted a use permit application to operate a parking lot on the north side of Paradise Drive between Tiburon Boule- vard and Mar East Street on property alleged to be that of Messrs. Demaurex, On behalf APPLICATION FOR CO~~1UNITY TELEVISION ANTENNA by C1earview Cable Systems Inc of the Public Services Committee Bremer presented Agenda Bill dated FRANCHISE VI MINUTE ORDERS ABSENT COUNCILMEN Fanning NOES COUNCILMEN None AYES COUNCILl1EN Bremer Drohan Hoffmire Strawbridge ~he question was called Strawbridge asked the opinion of the City Attorney on whether a sign placed indoors is considered exposed if visible from the outside, to which the Deputy City Attorney responded this sign would be considered a visible exposed sign. for and motion unanimously passed Mr. John Luc was recognized and inquired whether the application was denied because it was a neon sign to which the Chair responded it was Hoved by Drohan, Review be upheld seconded by and the sign permit Stral17bridge, that the action of application be denied the Board of Bremer asked to hear from the appellant, and the Chair declared the hearing open. There being no one present to speak to the matter, the hearing was declared closed Design Drohan submitted Agenda Bill dated January 17, 1967 stating 20 1966, the Board of Design Review had denied the sign permit Mr. Fred Zelinsky for a neon sign, installed prior to applying for a penmit, in the dining reon window of the Tiburon Lodge. The Board of Design Review had denied the application on the basis that the sign conflicted with the proposed Sign Ordinance in that "exposed neon, fluorescent lights are prohibited". Applicant had requested a hearing to appeal this decision, and the matter was now before the Council that on December application of APPLICATION FOR Applicant Mr SIGN PERMIT FOR TIBURON LODGE Fred G Zelinsky ~::e Chair ordered the appeal ~~~ruary 27 1967 Applicant this matter, permit to be We inberg ''las and stating judged on its hearing continued until the Council's recognized, the lawsuit m\7n merits verifying his agreement to a continuance might clarify the objections and allow meeting on of the The and will a continuance date Deputy City Attorney stated he had spoken with in view of the fact there are several demurrers be heard by the Court on February 20, 1967, Mr. of this appeal hearing until the first applicant before this meeting to the City's lawsuit which Weinberg had consented to Council meeting after that By letter dated Dece~ber 13, 1965, a hearing to appeal the decision of Council Applicant Matthew B. Weinberg had requested tl:e Board this appeal now being before the At that meeting the Deputy City Attorney called the Board's attention to a p~nd- ing lawsuit in which the City contends there has been an illegal subdivision of the land, including subject parcel; and upon applicants' refusal to agree to a continuance of the matter to await the outcome of the suit, the Board of Adjust- ments denied the application on the grounds set forth by the City i.e "that a hearir.g would be a useless act because of the allegations in the lawsuit now pending concerning certain subdivision procedures to subject property of this application II Attorney, contained in reference / Walter, Quetnick and Weinberg. Since the subject parcel is listed on ment rolls under the ownership of the Northwestern Pacific Railroad was referred to the City Attorney for review before being placed on for the Board of Adjustments' meeting of November 2l 1966. the assess- the matter the: age nda Ninutes fflOl City Council -2- 23 January 1967 On behalf of Bill dated the Superintendent of Public Works, Strawbridge presented Agenda January 18, 1967 stating that although the budget provides for a used street sweeper at $4,000 on a 60-month lease-purchase contract, a prolonged search for a reliable machine revealed only one unit, which had been inspected by the Superintendent in Salinas. Because of the many miles of service on this unit and subsequently high maintenance costs, it 'I;\7as the recommendation of the Superintendent and the City Manager that a new Hodel 1-970, 3-cubic yard capacity Wayne street sweeper be obtained from the Western Traction Company, Hayward, for a total of $11,255.92 and that the Mayor be authorized to execute a lease-pur- chase agreement with the Bank of America for a 60-month contract at 4-1/2% s~ple interest It was not recommended that competitive bids be called for in view of AUTHORIZATION TO PURCHASE STREET SWEEPER The Chair then directed the matter be continued ing; that the City Manager be directed company on its application; that other their application within fourteen days coordinated with the City of Belvedere until the February 27, 1967 meet- to negotiate further with the C1earview possible applicants be advised to submit and further that the subject matter be Strawbridge questioned whether there an applicant to include services franchises over different areas other factors entered into this were advantages to granting a franchise to to the entire City rather than granting several the City Manager responding that topography and and a deter.mination could not yet be made. Mr. Bill Cavalli, Belvedere's City Manager, was recognized stating the Clearview company's application for franchise to provide services in Belvedere was being studied by that City to resolve some of the basic conflicts with the ordinance as had been found by the Tiburon staff Drohan referred to an application which had been before the Board of Adjustments on January 16, 1967 for erection of a CATV antenna in Tiburon, and asked where the Clearview company's tower would be located and inquired whether coordination with the City of Belvedere might not be desirable for all parties. It was established the tower would be located in the Marincel10 area; and the City Manager replied there could be advantages to a coordinated approach with the City of Belvedere The Chair stated that for franchises did negotiations with companies of since not carry the C1earview a deadline date by the City Manager's invitation to submit applications a date, he would recommend the City Manager continue company and notify the other possibly interested which their applications must be submitted The City Manager requested the Council's direction on two other applications would be submitted and the of negotiating franchises for services pointed out the non-exclusive feature determine what areas the applicants to be of the intend to that possibly Staff be in the position supplied to same area. Bremer ordinance, stating the Staff should service first the point might the Bremer stated it was the opinion of his Committee that negotiations with the applicant should be carried on by the Staff, subject to the guidelines established in the ordinance; that ambiguities should be clarified and application amended, if the company were agreeable; that if the application was not then in substantial compliance with the ordinance, the Staff should so report to the Council, but if it were in order, provisions of the ordinance would allow the Staff to grant approval of the application In a review of the application by the Development Administrator, City Engineer City Attorney and City Manager, nine points at variance to ordinance require- ments had been found, and it was the City Manager's recommendation that the application be submitted to the Public Services Committee for review and nego- tiation with the applicant January 18, 1967 stating the application of Clea~view operation of CATV services in the City of Tiburon was It was noted that following adoption of Ordinance No. extended to all known CATV enterprises in Marin County for franchises to provide services and that while two received the only application before the Council was Systems now 70, to other that Cable Systems, be fore the Inc. for Council. invitations had been submit applications inquiries had been of Clearview Cable Minutes 1t101 City Council -3- 23 January 1967 Upon the requests of Hr gate the possibility of a possibility of a crosswalk in front of Mr. Mitchell's replied his company relocates owner's property line Mitchell, the Chair directed the City Engineer to stop sign at Hilary Drive and Miraf1ores, as well on Hilary Drive. On the matter of relocation of residence, Mr. Tibbetts of the Pacific Telephone poles and places them not closer than 10' to an investi- as the a pole Company Mr. Don Mitchell was recognized, inquiring about provisions for a crosswalk or extending the side~~alk further up the street, to which the City Engineer replied that for reasons of safety, no crosswalk was provided as it was felt the sight distance at the top of the hill was too limited Nr. vla II . B. Fleischman was recognized, proposed a guard rail might be stating that advisable for with the safety retaining L Drohan suggested the 15 m.p.h. zone might be extended to the bottom of the hill the City Engineer responding that in his opinion this would not be advisable 10 or 12 ",u""re new January 17 be made IMPROVENENTS OF HILARY DRIVE ABSENT COUNC ILJ:wlEN Fanning NOES COUNCILMEN None AYES COUNCILMEN Bremer Drohan Hoffmire Strat-lbridge The question was called for and motion unanimously passed Mr. the but the Peter Berg was Chair responding there ~-lould be a City recognized and inquired where that at present space subsequent report on ~-l a s the the equipment would be parked, available adjacent to the City Hall matter of a corporation yard for Miss Anne Ellinwood ~~as recognized and inquired about the figures given in the report. The City Manager explained that the unit cost of the equipment was $11,255~92 and the figure of $1,260.00 repr~sented_ interest charges over four years for lease-purchase of the equipment. Strawbridge asked ing to participate Manager stated s Councilman Drexel if that City might not the purchase and use of the equipment. Tiburon's such discussions were being held with Belvedere's City Manager Belvedere in be wi11- City In the discussion which follm1ed, the Superintendent pointed out the many man- hours now employed in hand sweeping still did not provide adequate sweeping of the City's streets and ~~ith this new equipment, streets would be swept on a schedule of three times weekly in the downtown area and every two weeks in the districts Moved by Strawbridge, seconded by Hoffmire, that the recommendations of the City Manager and Superintendent of Public Works be accepted for the purchase of a new Wayne street sweeper from Western Traction Company at a total cost of $11,255.92, and the Mayor be authorized to sign a lease-purchase agreement uith the Bank of America at 4-1/2% simple interest the specialized nature of sligh t Ninutes 11101 City Council the equipment and -4- the fact price differentials are 23 January 1967 Minu tes :f/1l3 10 26 June 1967 City Council MONTHLY CASH FLOW STATEMENT FUND RECEIPTS BY SOURCES May, 1967 By motion of Strawbridge, seconded by Drohan, the May, 1967 Monthly Cash Flow Statement and Fund Receipts By Sources was unanimously accepted. REGISTER OF CLAIMS NO. 35 Strawbridge moved, seconded by Bremer, that Register of Claims No. 35 for May, 1967 be accepted; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Fanning VIII. QUESTIONS FISCAL BUDGET To Drohan's question, the City Manager replied the proposed budget for 1967-68 will be transmitted to the Committees this week, and Drohan suggested that sufficient time be allocated for the necessary public hearings. PUBLIC WORKS DEPARTMENT Mrs. Mary Price was recognized and complimented the Superintendent of Public Works for grass cutting on Mar West previously requested. ANNEXATION The Chair reported signing of petitions calling for an election on annexation to Tiburon was progressing well in the unincorporated area and that the percentage opposed to such action appeared to be quite low. IX. ADJOURNMENT There being no further business, the meeting was adjourned at 1l:17 P.M. Approved by the City Council on /~ 0 1967 /' / l CITY OF Hinutes 4/:101 City Council -5- 23 January 1967 Moved by Hoffmire) seconded by Strawbridge, that the recommendations of the City Engineer be fo1Io~'led and improvements indicated on the plan submitted be accepted that the City pay for bringing the sidewalk up to grade, preparing for the side- ~}a1k wherever necessary; and that the developer share the cost of actually laying the sidewalk in the area where it is necessary to give a continuous sidewalk. Moved by Hoffmire) seconded by Bremer) that the motion be amended to state that the developer will pay the costs of sidewalks and share the costs of necessary yellow striping and signing of the street. Bremer moved that the motion be further amended to include installation of a guard railing, seconded by Hoffmire. The City Engineer estimated costs of the sidewalk at $460, the retaining wall at $300"and striping and signing at $375. Question on the amendment to include installation of a guard railing was called for; unanimously passed: AYES: COUNCILMEN: Bremer) Drohan) Hoffmire, Strawbridge NOES: COUNC ILMEN: None ABSENT: COUNC ILMEN: Fanning Question on the amendment that the developer will pay sidewalk costs and share costs of yellow striping and signing was called for; unanimously passed: AYES: COUNCIIkIEN: Bremer) Drohan, Hoffinire) Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Fanning Question on the main motion, as amended, was called for; motion passed: AYES: " COUNCILMEN: Bremer, Drohan, Hoffmire NOES: COUNCILMEN: Strat'lbridge ABSENT: COUNCILMEN: Fanning Mr. Fleischman was recognized and protested that he should not be required to assume the responsibility for costs incurred to provide safety measures but this should be the City's responsibility in improving the street to the standards required. A recess was declared by the Chair, the meeting reconvening at 9:54 P.M. VII. QUEST IONS Flooding - Be1veron Gardens The problem of flooding in the Be1veron Gardens area 'las brought to the attention of the Council through Mr. P. A. Soares. The Chair stated the City had spent many man- hours cleaning out its portion of the drainage ditch in question; that where said ditch flows to Tiburon Boulevard, it was the responsibility of the State Division of Highways and the private property owners beyond to keep the ditch clear for waters to drain to the Bay. The City Engineer stated the Division of Highways had been notified several months ago and proceeded to clear the ditch; that private property owners had been notified three weeks ago; but the City Engineer also offered the opinion that even if the ditch had been clear, it would be difficult to establish that the flooding would have been averted. The Chair directed the City Engineer to follow up on the notices given, and invited Mr. Soares to work with the City Engineer in resolving the problem. VIII. REPORTS DOWNTmm SKETCH PLAN Agenda Bill dated January 18 1967 was presented by Drohan on behalf of the Lands ABSENT COUNCILMEN Fanning NOES COUNCILMEN None AYES COUNCILMEN Bremer, Drohan Hoffmire Stral-lbridge Question on the motion \'1as called for and unanimously passed insert words such ing paths" between .,v sentence of paragraph the .....,...rds incorporation of bicycle suggestions" and "made" and 101alk- in second Item 6-B-l1 stri the '~10 a " alternatives exist of deve10 feasibility (A) of a waterfront en Item 6-B-8 in Item 6-n-7 delete delete that ue variable 'most second u~ limitations in sentence of the Plannin in third line of paragraph paragraph, Commission line with the to Page 5 Item 6-B-6 delete 'as a matter of olicy" in 1st line. Drohan to statement on reexamination of location of civic center insert complex Item 6-n-4 Item 6-B-2 replace add the Spec ial ,,,aterfront approval attention area from in 4th line of the Ca paragraph with consul tation' ace in Restaurants " Page 4 Item 6-B-l delete 'lords of paragraph Page 3 Thereupon, the points raised by the Lands and Development pages 2 through 5 were discussed point by point all statements l-lith the following exceptions Item 6-A-2 rather than (or ossibly Committee's report on being approved from second sentence Therefore, it was Plan be returned from the City Council moved by Drohan, seconded by Strawbridge, that the to the Planning Commission with specific directions as discussed DOl'-1ntown and guides Drohan stated his Committee Downtown Plan, but as changed, recommended return the Plan to some that the Has in general aspects should the Council give Planning Commission agreement with most elements be clarified and in one or two consideration to these elements of the cases and The Chair Commission ment Committee and for Drohan commended the members of TPAC and the Parks and Recreation their thoughtful attention to the Plan and the Lands and Develop- was commended on its report Drohan noted the aim of the report had been to recommend to the Council the steps that could be taken to move the Plan from its study phase to a level of action; to recommend to the Council those elements of the Plan which require a policy decision now, and to synthesize and comment upon the recommendations of the Parks and Recreation Commission and TPAC to provide direction to the Planning Commission, should the Plan be referred back to that Commission prior to the required public hearing Having received Parks and Recreation Commission's Resolution No.1 and a detailed report from the Tiburon Peninsula Advisory Committee, the Lands and Development Committee now placed before the Council its comprehensive 9-page report, incorporating a statement on zoning by performance standards and a copy of the Pa>>ks and Recreation Commission's Resolution No 1 and Development Committee, stating that on July 25, 1966, the Council had re- ceived from the Planning Commission the Downtown Sketch Plan prepared by Callister & Payne. The Plan was referred to the Lands and Development Committee, l-1ho sub- sequently referred it to the Parks and Recreation Commission and Tiburon Peninsula Advisory Committee for review and comment since neither body was in existence at the time of the Planning Commission's hearing on the Plan Hinutes 11=101 City Council -6- 23 January 1967 Minutes IF 101 City Council -7- 23 January, 1967 REGISTER OF CLAIMS Honth of December, 1966 Moved by Strawbridge, seconded by Drohan, that Register of Cla~s #30 for the month of December, 1966 be approved; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Hoffmire, Strm~bridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: FSlJ;lning Because of the lateness of the hour, other items remaining on the Agenda were continued until the next Council meeting on February 14, 1967. IX. ADJOURNl1ENT Upon motion by Drohan, seconded by Bremer, and unanimously passed the meeting was adjourned at 12:09 A.M., January 24 1967. " /~- Approved by the City Council on :)-~ , 1967 - I / ( I I "" I ( .~ i_......,l. HAYOR OF THE CITY ABSENT COUNC ILMEN: Drohan Fanning NOES COUNCILMEN None AYES Moved by Strawbridge, seconded by Bremer, that the principles "Breakthrough" be endorsed unanimous 1y passed: COUNCILMEN Bremer Hoffmire Strawbridge of this program Bremer presented agenda bill dated February 8, 1967 putting before the Council the request of the Tamalpais Union High School District, conveyed in its letter of February 6, 1967, that the Council consider endorsement of "Breakthrough", a program planned for February 27, 1967 at the Tamalpais High School in which "the greater part of the school day for the entire student body...wil1 be devoted to black and white students listening and talking with each other. Mutual understanding through open discussion is the goal." PROJECT "BREAKTHROUGH' Tamalpais High School v The Chair declared the public hearing open, and there being no objection the Council, then declared the hearing continued until February 27 1967. MINUTE ORDERS from The City Manager requested, on behalf of the Staff, that the Chair declare the public hearing open but consider continuing the matter until February 27, 1967 to allow review and clarification of certain points in the proposed ordinance. By agenda bill dated February 7, 1967, the Chair reported the Planning Commission on January 3, 1967 held public hearing on its Resolution of Intention No. 17 to consider placing the property now occupied by the railroad right-of-way in the Interim Zone. Having been approved by the Planning Commission, a proposed ordinance placing subject property in the Interim Zone was now before the Council for public hearing. OP..DINANCE REGULATmG THE USE OF LAND AND BUILDINGS Hearing on Zone Change to Place Railroad Prdperty in Interim Zone IV ORDINANCE Moved by Strawbridge seconded by Bremer, that Minutes 23, 1967 be approved as submitted unanimously passed 11101 for the meeting held January III APPROVAL OF MINUTES Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Richard Breiner, Deputy City Attorney Ray W. Foreaker, Jr., City Engineer Sam Shapero, City Treasurer EX OFFICIO Drohan Fanning ABSENT COUNCILHEN Bremer Hoffmire Stra'l7bridge PRESENT COUNCILMEN The regular meeting of the City called to order by Mayor John S. City Hall Council Chambers II Council of the Hoffmire Jr. ROLL CALL City of Tiburon, State of California waD at 8:l4 P.M. on February 14 1967 in the I CALL TO ORDER Minutes if 102 CITY OF TIBURON CITY COUNCIL 14 February 1967 On behalf of EXTENSION OF CAYFORD DRIVE Southridge to Cecelia Way the City :Hanager Bremer presented agenda bill dated February l3 There being no further the Public Services Committee and recommendation. discussion, the Chair directed the matter be referred to the City Manager and the City Engineer for review :Hr. Sam Shapero three parcels of the owners Nas recognized stating the drainage problem and as representative of two of these owners, cooperation in contributing needed rights-of-way extends through assured the Council The City Manager pointed out that Porto Marino Drive is on the City's Select City Street System and, therefore, ~provements could be made from accumulated gas tax monies. Bremer inquired whether condemnation might be involved, the City Manager replying that costs of condemnation or purchase would be prohibitive but if needed land were given to the City the value of the right-of-way could be used to obtain matching funds of the City Engineer, Bremer presented agenda bill dated February 6, stating that during the recent rains, substantial drainage from the end of Porto Marino Drive eroded private property between Porto Marino Dr"ive and Trestle Glen, such erosion being deposited on City, State and private properties down- stream and being a substantial contribution to the flooding of one dwelling. Although the question of the City's liability in the matter has not been determined it was the recommendation of the City Engineer that the matter be referred to the Public Committee the City Manager and the City Engineer for review and Services recommendatio n On behalf 1967 DRAINAGE FROM PORTO MARINO DRIVE ABSENT COUNCILMEN Drohan Fanning NOES COUNC ILMEN None AYES COUNC ILMEN Bremer Hoffmire Strawbridge The question was Miss Anne Ellinwood was recognized inquiring if there would be any use for this intersection channelization if the area were devoted to a town square as proposed by the Downtown Sketch Plan. The City Engineer responded there would be a possi- bility this intersection improvement would be lost eventually. The Chair pointed out the present need for improvement from both the beautification and safety stand- point; and the City Manager stated that major landscaped areas could possibly be retained as planting areas called for and motion unanimously passed The City Engineer explained that landscaping costs had been omitted from the bid as it was anticipated the work would be done by City forces; and although under- ground conduit would be provided, street lighting fixtures were not included as the Planning Commission had requested that an alternative type of fixture be investi- gated. This infoDmation has now been received, and the City Engineer will place the matter before the Planning Commission for consideration. The City Engineer stated that Additive Alternate #1 referred to rounding the curve in front of the Pizza Shop on Main Street and since the private property owner did not at this time wish to negotiate with the City for the needed 30-square foot right-of-way this portion had been deleted from the contract Moved by Strawbridge, to award the contract the base bid seconded by Bremer, to Ghi10tti Brothers that Inc the City Engineer be authorized in the amount of $3,815.00 for Drive ^ '1 +- ""'''''nate if: l. to this , Strawbridge reported construction of tm- intersection with The City Engineer low bidder for the By agenda bill that Ghi10tti AWARD OF BID Improvements at Main St.-Tiburon Blvd -Paradise Drive Intersection Minutes f/l02 City Council -2- 14 February 1967 search site on property of On behalf of the Superintendent presented agenda bill dated for a suitable headquarters the Belvedere and stating ~he Public Works Department, Club had been offered on a t-lorks 1967 the that a temporary lease basis City Manager, fo11m17ing an Strawbridge intensive LEASE OF TEMPORARY PUBLIC WORKS HEADQUARTERS The Chair then directed the Council the Engineer the matter continued until the City Attorney can advise on legal point of a possibly-existing easement and the can determine the bounds of the easement granted to the Water City Distric t The Chair recognized receipt interest in having the street the subject has been received of letter from Mr. Rupert Jernigan expressing his opened It was stated no other correspondence on the City Engineer responding possibly to avoid losing the the City Attorney to review the willingness they had not, in easement by prescriptive the matter to determine if right. Th~ a public Strawbridge questioned whether boundaries had indicated his owner of the property to dedicate the and had fact lying requirnd To the figure of-way. As City Manager General Fund s Chair's question on estimated offered by the Chair would be the street was not called attention recognized to the fact costs, the reasonable, on the Ci ty Engineer not including Select City Street such monies would have to System, come from stated the the costs $8 of 000- right- the the The City Engineer confirmed Works Department had portion within its the indicated boundaries City Manager's its \'.1illingness if the City should statement that the County to proceed with extension take such action Pub 1 ic of that The City Manager stated for the record that there was some opposition to exten- sion of the road by residents of the Southridge area apparently based on the routing proposed It was improve statement lot if a portion the City Manager the City, improvement and the County could be required to cost to Policy cent property were the City s recommendation that if the right-of-way were might be made under Section III-A asked to to obtain the the continuation complete proceed street's complementary Street adja- the City Engineer's circulation of traffic established and that Parcel granted to recommendation that Cayford Drive for public safety; the 34-311-22 would not be for the needed be extended to Development Administrator considered a substandard right-of-way; and it was obtained without of the s ,......~...."er to and III-A-2 of the Street Policy and attached as exhibits 34-3ll-22--deeded as one parcel the portion the City would have The report some time been dedicated to public use as the Reedlands No. 4 Subdivision however filed, and the property has since passed to route passes over two separate ownerships--one boundaries, the other lying in the County--and party to any street extension. It was noted a through deed of easement granted to the Marin Municipal noting that for Drive had previously tentative map for subdivision was never other owners. Further, the intended parcel being within the City's the County would thus have to be further encumbrance exist Water a might District a outlined the it had been problems of felt the land a to condition of final acquisition of needed the land, extend Cayford approval of a map on that Way sideration. report noted that for years property for access between the Reedlands and and the route has been employed by fire and police services runs; and with the barricading of this road by the private Reedlands Property Owners Association was requesting that extended through. By letter dated October 20, 1966 from Alto Richardson Bay Fire District, it was also requested to provide quick access and a secondary egress in case of the improved traversed this private Pelican Hill-Bel Aire areas, to shorten emergency the propert a public the Fire that the r emergency owne r , road be Chief of o ad be vehicles the 1967 stating Association, from Southridge The that by letter dated November Inc. had requested the City to to Cecelia and the matter , 1966, the consider was nO\o1 Reed1ands Property ~vners extension of Cayford Drive the Council for con- before have Minutes 1/102 Ci ty Counc il -3- 3 14 February 1967 I'loved by Breme r be adopted The Chair presented agenda bill dated February 7, 1967 Manager's recommendation that since the City's application for in preparing a General Plan and Zoning Ordinance had been placed in suspense because of a cutback in granting such "701" monies, that the $4,855.00 budgeted for matching funds under Project No. 7-67 be cancelled. Further, that because of the ~ediate need for preparation of a new Zoning Ordinance, the Planning Commission on February 6, 1967 reached an agreement with Mr. George S. Gatter Associates, Inc. to prepare such Zoning Ordinance based on that and materials proposal of December 16, 1966, the estimated cost of $3.000 to $4,000. Therefore, the City Manager recommended No. 10-67 "Zoning Ordinance" be established to Project 7-67 be transferred to this new agreement reached with Planning Associates to b that and ... project seconded by Strawbridge in the range Program Development Project ~he sum previously allocated to cover the costs of the that the City Manager s recommendat ion Inc of Planning firm's time containing the federal City assistance REALLOCATION OF FUNDS Cancellation of "701" Authorization of Program and Zoning Ordinance Project A ten-minute The Chair Jones to Council recess inform at that then directed the matter continued the residents of his area time l'l a s declared the meeting reconvening at 9:36 P until that the the next meeting, matter would come .N asking before Hr. the Mr. Geoffrey R. Jones, President of the Ha'~tho~ne ciation, was recognized stating he had heard no doubting that many of his area's residents were that if the bus stop at overcome any objections at this location Rock Hill that might Road were be m-Jare of the provided; howeve expressed to having the Owners Asso- proposal, matter. He stated r, that this might corporation yard Terrace Property objections to this improvement The Chair questioned the size of building proposed to be placed on the property and suggested that further consideration be given to the detail of costs of Strawbridge, with consent of Seconder Hoffmire, withdrew the motion, that the matter be continued until the next meeting in order to hear dents of the Hawthorne Terrace area suggesting from res i- Bremer stated he did not feel the City's corporation yard intruding upon possibility of flooding on this property. had been experienced in the area proposed residents the ir of view, and The City Manager to be leased Hawthorne Terrace also should have the inquired about the stated no flooding Strawbridge inquired how Manager stating the owner of the property for at least long the land might did not anticipate three years. be available to the City, the City being able to make its intended use Noved by a lease with exceed $4.000 Strawbridge, the Belvedere seconded by Hoffmire, Tennis Club and that the Mayor be authorized to sign that landscaping and improvements not The City Nanager noted corporation yard site, it was conceivable the it lIas estimated required to use that this the budget but as the City might a maximum of land for less $7,500 for improvements owner future plans for the occupy the property for only a $5,000 might be estimated for than three years provides has for a prope rty few the years, improvements and Minutes iF 102 City Counc il Nayor at the -4- r>':ty Nanager the lease 14 February 1967 Complying \lith the sense referred to the Lands gation of this project of the Council, the and Development Committee to the Parks and Recreation Chair for then directed the matter be a policy decision on dele- Commission Through the Chair, Strawbridge inquired Hhether the Gov' jurisdictions of a Planning Commission and a Parks and ~~~4~~~ on matters of planting and landscaping; and the City Attorney responded that the basic responsibility would lie \vith the Planning Commission "Jhich could then delegate this responsibility to the Parks and Recreation Commission if desired. Bremer stated that while the Planning Commission might be Hilling to so delegate he questioned whether, as a sub-body, this \.]as within the Planning Commission's jurisdiction feeling that such direction should come from the Council on which point the City Manager expressed agreement Code defined ~~~~^~~ion Commission The Chair stated tion Commission, including asking Works Department that in conversation with it appeared this was property old clean up O"t'lners the area project to remove at "Blackie the the Chairman of the Parks and Recrea- more of a "housekeeping" operation buildings and having the Public s Pasture" Bremer for "'long this the report referred to the Lands recommended by rece ived lines Has and Development Committee the City Manager and a proposal designate to be acceptable, to a specific amount accomplished places were Parks and to Boulevard It was the determine where primary responsibility for than parks may rest and, thereafter, if the request that the Parks and Recreation Commission for this work as well as a specific schedule of work Bremer presented of the Parks and authorization for the landscaping of Tiburon that the Council of public first other agenda bill dated February 7, 1967 conveying rrecreation Commission requesting an appropriation of Recreation design, plan and supervise recommendation of the City Manager landscaping Commission Resolution No funds the s 3 and LANDSCAPING OF TIBURON BOULEVARD ABSENT COUNCILMEN Drohan Fanning NOES COUNCILMEN None AYES Moved by Bremer, seconded by Strawbridge, that the budget allocation Development Project No. 7-67 be cancelled; that the application not and that the matter be referred to the Planning Commission for their tion on that point; further, that funds previously allocated to Project No be allocated to Program Development Project No. 10-67 "Zoning Ordinance" recommended by the City Hanager unanimously passed COUNCILMEN Bremer Hoffmire Stra,^Jbridge detennina- 7-67 as to Program be \oJithdraloJn Breme r, Ttl i th quired about The City Hanager stated a colored portfolio involved and he feature not be for public sale were believed it was the sense considered at this time produce desired of the \~ithdrew the motion and mentioned in Mr. Gatter a zoning map and text, an additional cost would be Planning Commission that this consent of Seconder the illustrated this Stral'lbridge, zoning portfolio firm \lould then in- s proposal but if Miss Anne Ellinwood \-Jas recognized, and referring to the Associates, Inc. proposed to accomplish the \oJork outlined a $3,000 and $4,000, stated that at the Planning Commission meeting stated Items 1 through 6 of his proposal could be accomplished for $1,950 to $2,300 and asked whether any change had occurred in the The City Manager referred to Mr. Gatter's proposal dated December stated that the variance bet\veen the $3,000 and $4,000 figure was the number of public hearings involved and the time required to be statement for proposal 16, 1966 dependent s pe n t that sum of Mr. the and upon Planning be tl-Jeen Gatter sum of "lould cause in the program this sense referred to cancel Commission application 701 nriority it ity Manager replied funds only and it would be if they felt it necessary at this time possible to participate that "cancellation" in to the Planning uithdral'1 the up to inquired the whether to lose of the should " program be Strawbridge Minutes 1'102 City Council -5- 14 February 1967 Bremer presented agenda bill dated February 2, 1967 containing report of the Marin County Chamber of Commerce on construction activity in the County for the CONSTRUCTION ACTIVITY Calendar Year 1966 By agenda requested meeting concerning division the improvement of the arrangements for firmed bill dated February clarification on the of VI costs City Mr. Hilary Drive. There being no objection to be as stated in the agenda bill 6, 1967, Council REPORTS the City Manager s action taken at between the and and City Engineer its January 23, 1967 L. B. Fleischman the Chair con- HILARY DRIVE IMPROVill1ENTS ABSENT COUNC ILMEN Drohan Fanning NOES COUNCILHEN None AYES COUNCILNEN Bremer Hoffmire Stra\-Jbridge The question was Moved by Bremer encouraging the them for so doing called seconded by Del Har property ouners and committing the City for and motion unanimously passed StraHbridge, that to do to participate a Hinute Order be passed this landscaping and as cor..gra~ulating outlined It was the recommendation of applicant should contribute water meter--estimated at $100 system and maintain landscaping that the Superintendent's should commit to a District and irrigation materials to apply recommendation be $100 expenditure, to installation fee for any unused portion of the $100 to itse If reduce the of cost City to installation. supported attempting the ''later to meter the irrigation City Manager recommended except that the City induce ~-1ater the if successful the Superintendent toward part of the to $130--the after install The Public of Horks that the installation of the containing that the City meter and a minimum watering Hilary Drive which their subdivision assumed responsibility for Miraflores, as well as of the R.eedlands tenance system wishes to maintenance sharing the entrance landscape. It of landscaping cost of installing the no ted median landscaping the City has island on Avenida and maintenance agenda bill dated Unit 2 Property ~]ners responsibility, installation for a small island in was a Bremer Del Mar presented Estates of center January 24, 1967 Association a water of the request assume of main- NEIGHBORHOOD LANDSCAPING HILARY DRIVE The Chair then directed the matter Bremer he was Bremer stated the matter as mission on the seeking inte nded by inquired about in the matter of reversionary rights, communication with railroad officials who were that if referred to his Committee, he ,~ould work well as clarification from the Parks and use its be referred proposal to the Public Services Committee the Chair stating that researching the problem with the Chair on Recreation Com- Stra\.,bridge presented agenda bill dated February 7 1967 No. 2 of the Parks and Recreation Commission which proposes or lease the right-of-way of the Northwestern Pacific Railroad when abandoned and that thereafter it be utilized a pedestrian path trail and a limited public transportation for system conveying Resolution that the acquire City it is a biking PROPOSED USES FOR The Chair then acknOt-lledged Mr. be continued until report of the RAILROAD RIGHT-OF-HAY Shapero's offer, and directed that Lands and Development Committee the matter l;.,as received Mr. Sam Shapero was recognized and stated that with reference to abandoned buildings along Tiburon Boulevard, he suggested that a abatement might go fon1ard to the and offered his assistance the owners to voluntarily remove oune r s the buildings in persuading the no t ice unsightly of Minutes 11102 City Council -6- 14 February 1967 The City Engineer urged the Council to insure that the engineer selected to perform the 1;vork Has not placed in the position of having to make political also pointel .. f-ndy should be and agreed performed i City Engineer $2 conflict To the Chair's 000 to $3.000 of question on the might be required out that the made to determine that because of the ndependently estimated Drainage Committee had how the assessment obvious suggested w ill be spread interest, cost to be emptied by pum assessment district but woul Joint Committee's discussion raising Tiburon Boulevard, the this not be of and at the feature expense of would the City envisioned lmv spot thus included in Tiburon alone the Strawbridge offe~ed a minority report stating he preferred the route to the Belvedere Cove as more beneficial for the City of non-tidal Tiburon Bremer stated that because much of the prelimina independent engineer studies canal ry on satisfactory Tiburon 't-Jork s City Engineer--who this problem--might be to both cities would be has pioneered cons idered cons ide and done biased red for an future best be by pumping His estimate for this discussion, the Joint method would be to let Tiburon waters 'tlith oppos it ion from Lagoon res idents water to Belvedere Cove was would be taking the waters Has estimated by the that as a result of outfall vedere Cove sideration of As a proposed; and the to Elephant Rock. HcCreary-Koretsky study this meeting, it was his was probably the best a non-tidal canal for third and The Belvedere Cove to cost $370,000. Committee's opinion that solution, although p=ecluding downtown Tiburon approach outfall route Bremer stated the Be l- eon- the Council's attention to a letter from Mr and an engineer, expressing his opinion that the solved with a drainage ditch carrying and out existing ditches vias $130,000. meeting had f 1 mV' cleaning project Committee reported concluded the best into the Belvedere second-best Bremer called resident :.Ja te r and canals Bremer Lagoon, which met approach, taking the most expensive John Runsey, Belvedere drainage problem could to Elephant Rock, facilitated on the railroad property that after much and most feasible consistent 1;'lou1d perty implement a drainage plan the HcCreary-Koretsky engineers include development of a holding pond on Hith a gravity outfall to Belvedere Cove assessment for the downtown basin generally recommendation and this proposal the Tiburon Peninsula Club pro- formed 1;'lith would present district be their to On behalf of the February 6, 1967 Drainage Committee to Committee, th~t on February had been decided the Committee's Bremer presented agenda bill dated 1 at a Joint Tiburon-Belvedere that each city's recommendation representative that an DRAINAGE now preparing a proposal to be Commerce in Santa Rosa, after of Commerce and County Board of when priority systems are to a matter will Supervisors' annual established for highway come meeting on construction Nay and State Chamber 17, 1967 improvement The Chair reported Boulevard before that the State recogniz ing for its the early presented which the need to place consideration, meeting of the before improvement the of Tiburon City Hanager ,vas State Chamber of the By agenda bill calling attention roadway facilities City Engineer suggested City's chances of having dated February 8, 1967 the letter of Hr. William to the congestion on Tiburon Boulevard and for this vital high-Hay uas brought before a more concerted action by the this roadway improved within the the City might the reasonable Council. improve future . Cuthbertson need for better The the R TIBURON BOULEVAP~ departments The City Manager of service provided budget The Chair year family called 1966 in which residential it Has ity of Tiburon ranked in new single- starts, San Rafael and Novato. City Manager attention to the fact .. Rafael employees in building and planning number 11, Novato employs 10, while in contrast, Tiburon employs 2. commended the Development Administrator on the excellent level major department workload 't~ith a proportionately small in this commendation for a joined no ted the follm.]ing that San th ird The Hinutes ff102 City Council -7- ll:. February 1967 The City Manager requested permission to put before the Council the matter of HAINTENANCE CONTRACT ABSENT COUNCILHEN Drohan Fanning NOES COUNCILHEN None AYES Moved by Bremer, seconded by Strm~b~idge accepted unanimously passed COUNCILMEN Bremer Hoffmire Strawbridge The City Manager presented the ment (November and December), and January), Department of Public ment (December), Fund Receipts and that the reports following reports Monthly Report of the t'lorks (December), Sources (December) Department Police presented be of Urban Develop- Department (December Monthly Cash Flow State- HONTHLY REPORTS The bility determination Chair of then directed Horking of "{'lith other the Public City of details. that the Services Committee have the responsi- Belvedere on selection of an engineer, and ABSENT COUNCILMEN Drohan Fanning NOES COUNCILMEN None Strawbridge moved, of joining Hith the City drainage problems, and the financed equally between Belvedere Cove route at AYES COUNCILMEN cost the t"t\10 this time Bremer, that this Council express its intention in forming an assessment district to solve of additional preliminary cities, such. studies not unanimously passed Hoffmire Straubridge seconded by Bremer of Belvedere studies to be to be limited to the Hr. the Don Pelton, Cove Road, was recognized urging that steps recommendation for formation of an assessment district The Chair suggested that in future discussions to determine what their interest might be in a be with the railroad, he would canal on their land taken to accept Ell inuood "t-las recognized, and speaking on behal f of the Tiburon Advisory Committee, stated thac possibly the old redwood flume in part and, therefore, an easement may already exist "which could used temporarily while alternative approaches considered. She expressed the opinion that a canal, narrower than the McCreary-Koretsky study might be envisioned to carry the Haters Rock and into Straits, and suggested the possibility federal funds pose should be investigated. seek Miss Anne Penins ula existed proposed to Elephant of obtaining "t"lere in Racoon for this still be pur- outfall formed, preliminary guideline for spreading Hr. Jim Et'}ert, approaches, he should pay for costs of the carrying water at that location. stud ies of Cove Road, stated the least the Has recognized. In discussing the people who benefit from getting rid expensive project (Belvedere Lagoon elsewhere should be borne by those He that an assessment district alternatives giving the suggested made of the assessments engineer various of the outfall), and \'lho object to should be a optional water Mr. Don Davis of Belvedere, of the letter and also voiced the representative strong objection by if 1 Be llevue addressed to Chair, for to \vas the he the the recognized City Counci stated that City ~ead ing res ident he simply be McCreary-Koretsky engineers into asked to a repeat <"''"'gmen4-<", referred specifically to the accept- discharging of drainage waters that if the engineer were the result ~.]Quld by Hinutes 4fl02 City Council -8- 14 February 1967 MAY . / {"/ -/..:"L ... I" ,./ OF THE CITY (- --~. --........... - ~ :r'IfRON .'- 1967 Approved the City Council on " ; ~ City Clerk There being no further business the meeting \laS ad journed at 11 59 P H. VIII The Chair then directed that the matter Development Committee to report back to AD JOURNNENT be referred. to the Council at the Staff and Lands the next meeting The City mitted to a residents an opportunity to Manager stated that complying uith the the County's Planning Commission and express State Hap Act, eleven other cities and features. plan had been sub- Master procedui~e interested Peninsula have Tiburon County themselves the Peninsula. Hhich Hou1d on its Further, Hiss Council on the City's amendment noted that to the such January sphere EllimJood stated that while 9, 1967, includes areas of interest, steps should Plan 1956 nOH in vlould require the be taken to effect for the the hearing by Sketch Plan outs ide 1990, adopted by the City limits of the City but within this Plan adopted as an She allow ,. Sketch Plan Rates Anne Ellim-Jood te lephone might "lish increase 1990 rates nOH to join 'Jas recognized stating that with the 45% increase in basic proposed by the Pacific Telephone Company, she suggested the City \lith the City of Belvedere in offering a resolution protesting this Phone Niss VII Strawbridge presented a mold of the City's proposed discussion, the Chair requested that in accordance seal be returned to the supplier for modifications UESTIONS seal, and following with suggestions made some the CITY SEAL The Chair acknowledged receipt of written and residents, requesting the City Manager those referring to the waterfront to sideration in studying the Downtown telephone communications to acknmvledge the letters the Planning Commission for Sketch Plan and the ir from pass con- COHMUNICAT IONS As it was the sense of the Council that this equipment should be so maintained the Chair directed the City ~1anager to sign such contract with the supplier executing a maintenance of cost of $40.00 contract Here contract \'lith Ninnesota City's photocopying be absorbed in the into the Hould e nte red Mining & machine annual Manufacturing Co that a maintenance noting $185.00 for the recent annual repair fee if the Hinutes {/:l02 City Council -9- 14. February 1967 ~ERSONNEL SYSTEM Ordinance No. 72 VI The Chair then requested Public Services Committee Chairman Bremer to contact the PG&E representatives to commence work on the joint committee as proposed ORDINANCES Mr. Donald Johnson, Regional Manager of PG&E, was recognized confirming the sugges- tions made in Mr. Conrad's letter, stating establishment of this committee would accomplish four basic steps: (1) dete~ine which areas were to be undergrounded; (2) establish a priority system; (3) the utilities companies would then undertake engineering and cost studies at their expense; (4) the committee would report its findings to the Council for appropriate action. On behalf of the Public Services Committee, Bremer presented bill dated February 1967 conveying letter dated January 26, 1967 of Mr. R. C. Conrad, Mill va11ey- Sausalito District Manager of Pacific Gas & Electric Co., to the City Engineer regarding the development of a future plan for undergrounding electric and telephone utilities in the City. Mr. Conrad's letter noted that PG&E has a request pending before the Public Utilities Commission to allocate 2% of certain electric revenues for the purpose of undergrounding utilities; that if this request receives approval it was suggested a committee be formed composed of City representatives, the PG&E and Pacific Telephone Company to develop an undergrounding plan 17 UNDERGROUND There being no objection, the Chair directed the order of business suspended take Item 2 under Minute Orders Underground Utilities UTILITIES in order to Moved by Strawbridge, 14, 1967 be approved V seconded by Bremer, that Minutes as submitted unanimously passed SUSPENSION OF ORDER OF BUSINESS #l02 for the meeting held February IV Mr. Thomas E. Welsh, 11 Kentda1e Lane, Kentfie1d, was recognized stating he owned property in Hawthorne Terrace and wished to make a statement. Upon being advised by the Chair that no action would be taken on the item at this meeting, Mr. Welsh requested that he be notified by certified mail at the address given one week prior to the meeting at which this item will be considered. The Chair directed the matter continued until March 13 1967, Mr. Welsh to be so notified APPROVAL OF MINUTES LEASE-9.F TEMPORARY PUBLIC WORKS H UARTERS The Chair announced the Headquarters, would be corporation yard were first item under continued as some under investigation. Minute Orders, Lease of Temporary Public Works alternative proposals for location of the City s III SUSPENSION OF ORDER OF BUSINESS 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 EX OFFICIO ABSENT COUNCILMEN None Bremer Drohan Fanning Hoffmire Strawbridge PRESENT COUNCILMEN: II The regular meeting of the City Council of the called to order by Mayor John S Hoffmire Jr. City Hall Council Chambers ROLL CALL City of Tiburon State of California was at 8:07 P.M on February 27, 1967 in the I CALL TO ORDER Minutes fl103 CITY CITY COUNCIL OF TIBURON 27 February 1967 Fanning questioned whether and Finance Committee salary schedules had been approved by to which the Chair responded they had the Administration The question of whether two resolutions (one establishing the Annual Salary Program and one establishing the Master Benefits Plan) could properly be taken at this time was raised. The City Attorney gave it as his opinion that since copies of the resolutions were contained in the system proposal presented to each Councilman in the preceding December, and since Ordinance No. 72 required such resolutions and agenda bill recommended adoption of the resolutions, the question of adoption of the resolutions could properly be brought before the City Council. Resolution No 139 ABSENT COUNCILMEN None NOES COUNCILMEN None AYES COUNCILMEN Bremer Drohan Fanning Hoffmire Strawbridge The question was called for and motion unanimously passed The Chair February 1 the change necessary to establishing stated that entrance into the State Employees Retirement System as of 1967 requires substantial deductions from the employees paychecks and as to this system in part compensates employees for this deduction, it was take action, and further discussion could come up under the resolutions the Annual Salary Program and Master Benefits Plan recognized stating she had had an opportunity to briefly as originally described in resolution form, and although she had not seen ordinance, was pleased to know that the City would have one. Referring to the City Manager's statement that it was imperative that such ordinance be adopted, she questioned the haste in changing the ordinance from "Introduction and First Reading" to an Urgency Ordinance. Miss Ellinwood questioned whether there was a departure from the traditional method of adjusting employee salaries in a public manner by legislative body or whether the increases proposed were being accomplished ex post facto or administratively with approval of the Council through resolution Miss Anne Ellinwood was review the system the The Chair commended Manager was Cities and cities the City Manager on serving on a personnel feeling this system if the work perfo~ed, noting that the City systems committee of the League of California adopted by Tiburon might become a model for other To Fanning's question as to what changes were represented by the presentation of system as restructured, the City Manager responded the Administration and Finance Committee made no substantitive changes the Moved by Strawbridge seconded by Drohan that Ordinance No 72 be adopted Title of the ordinance was so read ABSENT COUNCILMEN None NOES COUNCILMEN None AYES Strawbridge moved, unanimously passed COUNCILMEN Bremer, Drohan Fanning Hoffmire Strawbridge once integral seconded by Drohan The City Manager recommended that since the City's contract part of the personnel the ordinance and two resolutions with the State Employees' Retirement system--became effective on February that the ordinance be read by title only be adopted at System--an l, 1967 An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ESTABLISHING A PERSONNEL SYSTEM AND REGULATIONS now came on for introduction and first reading. On behalf of the Administration and Finance Committee, Strawbridge presented bill dated February 23, 1967 stating that on January 20, 1967, the City Manager presented to his Committee a proposed Personnel System for the City covering Master Salary and Master Benefits Plan, Annual Salary Program, and Personnel Regulations, supplemented by authority for General Orders to interpret the system. As originally presented, provisions for this system were contained in five resolutions. After approval by this Committee, the City Attorney had redrafted the matter and it was now before the Council in the form of an ordinance and two resolutions--the resolutions establishing the Annual Salary Program and Master Benefits Plan Minutes #103 City Council -2- 27 February 1967 Strawbridge indicated that while safe, able nor would be adhered to by drivers he did n on th is feel street 1967, an ordinance entitled AN ORDINANCE OF THE NO. 55 OF THE CITY OF TIBURON BY ADDING THERETO LIMIT ON HILARY DRIVE now came before the Council on January 23, 1967 the City Council had approved the City Engin- recommendations for improving traffic safety on Hilary Drive between Theresa Court and 650 Hilary Drive when the was before the Council in connection with paving unimproved portions It was the City Engineer's recom- mendation that the ordinance be the reduction of speed from 25 to 15 MPH matter of the passed street. to allow t the l5 MPH 1 imi t l"as reason- By bill dated February 21, TIBURON AMENDING ORDINANCE 3(g) ESTABLISHING A SPEED bill noted that eer's CITY OF SECTION The ESTABLISHMENT OF 15 MPH SPEED LIMIT ON PORTION OF HILARY DRIVE Introduction and First Reading ABSENT COUNCILMEN None NOES COUNCILMEN None AYES Moved by Strawbridge, seconded by Bremer, that Resolution No. 140, A RESOLUTION ESTABLISHING A MASTER BENEFITS PLAN WITHIN THE FRAMEWORK OF THE PERSONNEL SYSTEM OF THE CITY OF TIBURON, be adopted unanimously passed COUNCILMEN Bremer Drohan Fanning Hoffmire Strawbridge Resolution No 140 ABSENT COUNC ILMEN None NOES COUNCILMEN None AYES COUNCILMEN Bremer Drohan Fanning Hoffmire Strawbridge The question was called for The City Manager noted he and called the Council's Plan in March of each year had attention and the and motion unanimously passed reviewed this to the Annual system with Miss Ellinwood provision for review of the Salary Program in April of previously Naster Salary each year. Miss Anne Ellinwood was recognized stating she was in agreement with the philosophy of compensating the City1s staff properly, but asked whether there were any positions which were not presently existing and filled and whether there was any provision for a staff member not now employed. The Chair responded "no". Miss Ellinwood then said that since the Council had known of the proposed increases for some time and yet these salary increments were not presented at the regular meeting to be made effective March 1, she hoped that the next time salary adjustments came before the Council it would be handled in a more conventional manner to the retirement system totals about $336 per month is about $330. Fanning questioned would be to the City, the City Nanager res- 5.36%. It was also noted by Fanning that salary increase. Fanning inquired whether provision for this increase had been made in the budget the Chair responding it had Strawbridge moved, seconded by Bremer, that Resolution No. 139, A RESOLUTION ESTABLISHING THE ANNUAL SALARY PROGRAM FOR THE CITY OF TIBURON FOR THE FISCAL YEAR 1966-1967 WITHIN THE FRAMEWORK OF THE PERSONNEL SYSTEM, be adopted Drohan asked whether the employees named were due for increases in any event, and Fanning noted they were but had been held pending adoption of the State Employees Retirement the salary schedule would take into account the take-home-pay reduction into this benefit System so caused by entrance The Deputy City Attorney asked whether the two resolutions proposed were identical to those previously given the Councilmen in the original presentation of the per- sonnel system, with the exception of changing the enabling reference in the first line of each from "resolution" to "ordinance". to which the Chair responded they l"ere Minutes 1il03 City Council -3- 27 February 1967 Bremer recalled the might not continue already committed vious1y received matter had been discussed to contribute to chambers itself to subsidizing the from the County previously when of commerce and Tiburon Chamber it felt in the appeared the County the City had amount pre- To Fanning's question on the area serviced by the Tiburon Chamber, Mr. William Howell, President of the Chamber, was recognized and stated that dues were $15.00 per member, and the Chamber served the entire Tiburon Peninsula. Fanning questioned the advisability of allocating City funds for expenditure outside the City. Moved by Strawbridge, seconded by Bremer, budget be appropriated for the use of the that the sum of $500.00 of Tiburon Chamber of Commerce the 1967-68 The City Manager recommended that two questio resolved: (1) active financial support of local tourist promotion ~~ (2) earmarking of revenues for specific functions, noting on the latter question that the City has not yet earmarked any special funds feeling that while earmarking has the advantage of assuring revenues in support of long-term undertakings, it limits flexibility of budgeting and possibly deprives some activities of monies because overall needs were not first considered before making specific allocations. It was suggested that the City Attorney be asked for an opinion on whether Section 40100 would permit the City to allocate monies for "publicity or advertising" from General Funds that if the City Attorney indicated the City could so do, that the Council consider as part of its 1967-68 budget appropriation of $500.00 to the local Chamber in general support of its activities. It was the City Manager's recommendation that since basic needs of the City should first be considered that the Council not make the 25% allocation requested for parks and recreation since it was not this sum of approximately $1,600 would be substantial enough to aims desired, and further, that long-range planning for parks grams required long-range financing. of policy be "''''tivities and believed accomplish the and recreation pro- Strawbridge presented bill dated February 20, 1967 conveying letter of the Tiburon Chamber of Commerce dated February 9, 1967 requesting that the City consider allo- cating 25% of the revenues received from the hotel-motel tax to a special account to be devoted to visitor orientation. The report noted that, with other chambers of commerce of the County, the Tiburon Chamber had lost its annual subvention of $500 previously provided by the County and in 1967 its income would be derived solely from membership dues. The report stated that based on current estimates, 25% of the anticipated transient tax receipts for the current fiscal year would be approximately $1,600; and cited the provisions of the Government Code wherein Section 43200 permits a legislative body, with approval of the city's electors, to levy a tax of not to exceed l5~ per $100 AV to provide and maintain parks and music and Section 40100 provides that by ordinance a legislative body may appropriate a sum not to exceed 5~ per $100 AV for a city publicity or advertising fund. The Tiburon Chamber's letter also suggested earmarking an additional 25% of the transient tax revenues for parks and recreation purposes APPROPRIATION IN SUPPORT OF TOURIST ACTIVITIES The Chair then directed the Minute Orders might be taken order of business suspended in order that Item No 5 under VII SUSPENSION OF THE ORDER OF BUSINESS A short recess was declared by the Chair the meeting reconvening at 9:33 P.M. ABSENT COUNCILMEN None NOES COUNCILMEN None AYES Moved by Bremer, seconded by Fanning, that further reading of the ordinance, AN ORDINANCE OF THE CITY OF TIBURON .~ENDING ORDINANCE NO. 55 OF THE CITY OF TIBURON BY ADDING THERETO SECTION 3(g) ESTABLISHING A SPEED LIMIT ON HILARY DRIVE be dispensed with and the ordinance be considered to have passed first reading; unanimously passed COUNCILMEN Bremer Drohan Fanning Hoffmire Strawbridge The Chair expressed the opinion it was worthwhile to pass the ordinance but felt a stop sign at Miraflores and Hilary Drive might also be considered. The City Engineer stated that acting on the Council's instructions, he now had the matter of stop signs at this intersection under study and would report at a later date l1inute s 4f 103 City Council -4- 27 February 1967 By bill dated February 20, 1967 an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON PROHIBITING THE OPERATION OF MOTORCYCLES ON UNIMPROVED ROADS WITHOUT A PE~lIT AND PROVIDING FOR PENALTIES FOR VIOLATIONS came on for introduction and first reading. It ~~as noted this ordinance had been prepared by the City Attorney at the direction of the City Council on June 27. 1966. PROHIBITION OF MOTORCYCLE RIDING ON UNIMPROVED Introduction and First Reading ROADS ABSENT COUNCILHEN None NOES COUNCILMEN None AYES COUNCILMEN Bremer Drohan Fanning Hoffmire Stra\o1bridge The question Moved by Strawbridge seconded by Drohan There being no appearances on the matter closed \01 as called for and motion unanimously passed that Ordinance No the Chair declared 73 be adopted the public hearing Title of the ordinance was so read ABSENT COUNC ILMEN None NOES COUNCILMEN None Strawbridge AYES Moved by Bremer, seconded by Fanning unanimously passed COUNCILMEN Bremer Drohan Fanning Hoffmire that the ordinance be read by title only By bill 15, 1967, an ordinance entitled AN URGENCY INTERn! ORDINANCE OF THE CITY REGULATING THE USE OF LAND AND BUILDINGS, PROVIDING FOR THE ISSUANCE OF PERMITS, PROVIDING FOR ENFORCEMENT, AND PROVIDING PENALTIES FOR VIOLA- TIONS now came on for consideration, it being noted by the Chair that public hear- ing on the matter had been opened at the February 14, 1967 meeting and continued until this time at the request of the Staff. dated February OF TIBURON INTERIM ZONING OF RAILROAD RIGHT-OF-WAY Introduction Public Hearing and First Reading The Chair directed the letter of the Chamber of Commerce to be placed on file; that the matter of a beautification program be taken by the Administration and Finance Committee when the 1967-68 budget is discussed; and in the City Manager is directed to work with the Tiburon Chamber of Street Merchants to develop the information that this Committee's Association study meantime, Commerce and the will be needed for the Main recognized stating that operations of the Tiburon Lodge 100 persons per day to Tiburon over the past six months frequently friends or relatives of residents and had not He confirmed the Chamber was not seeking an allocation for its that the City ~lould designate a portion of the funds generated tax to safety and beautify the community for the Thereupon Strawbridge by automobile. operations but rather through the hotel-motel benefit of visitors and \vith approva 1 improve residents. of Seconder Bremer ~-1ithdre~v the motion Mr. Benjamin Farlatti had brought an that these come ,~as average of visitors were Mr. Rampton Harvey was recognized, stating it was not desired to attract tourists per se but rather felt efforts should be directed toward attracting suitable "noise1ess smokeless unnoticed" industry appear before a percentage ,.,as the des ire which would be Mr. ing the Hi11iam Howell a $500 subsidy basis of their the of its of the Chamber to financed and managed Council. transient was again recognized, stating that the Chamber was not request- their budget for the coming year had already been prepared on reduced and when such funds were required, they would request had been made for the Council to allocate for the purposes of visitor orientation, and it and advise the City in such a program the City income Their fees assist by The Deputy City Attorney stated that specific restrictions any such monies in accordance with the Government Code Ninutes 1/:103 City Council -5- would have to apply 27 February 1967 to Minutes 1f 103 City Council -6- 27 February 1967 Strawbridge moved, seconded by Drohan, that the ordinance be read by title only unanimously passed: AYES: COUNC ILME N: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Moved by Strawbridge, seconded by Fanning, that the ordinance be considered to have passed first reading; unanimously passed: AYES: COUNCILHEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None REGULATING TREES ON PRIVATE PROPERTY Second Reading and Adoption By bill dated February 8, 1967, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON REGULATING THE REMOVAL OF TREES ON PRIVATE PROPERTY, PROVIDING FOR THE GRANTING OF PERMITS, AND PROVIDING PENALTIES FOR VIOLATIONS came on for second read- ing and adoption, having had first reading on September 26, 1966 and been referred to the Planning Commission for comment prior to second reading. The report noted the Planning Commission's recommendations concerning the ordinance; and Drohan stated the Lands and Development Committee agreed with the recommendations, except for the suggestion that the three ordinances be drawn to consider land in three categories. Hoved by Drohan, seconded by Fanning, that the ordinance be amended by adding the R-P zone to Section 3(d); amending Section 4(a)(2) by deleting the words lIeconomic enjoyment of property" and substituting therefor "enjoyment of substantial property rights"; and elimination of Section 4(a)(5); unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILHEN: None ABSENT: COUNC ILME N: None Moved by Drohan, seconded by Fanning, that fu~ther reading of the ordinance be dispensed with and the ordinance be read by title only. Bremer asked for the opinion of the City Attorney on the validity of regulating tree cutting on private property, the Deputy City Attorney responding the ordinance applies only to unsubdivided lands, i.e. subdivided lands which may be further sub- divided as well as lands ~1hich may be subdivided coming within the definition of "income parcels". The question was called for and motion unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNC ILMEN: None ABSENT: COUNCILMEN: None Moved by Drohan, seconded by Strawbridge, that the ordinance be considered as having passed first reading; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None VIII. APPEALS APPLICATION FOR USE PERMIT TO ESTABLISH PAP~ING LOT ADJACENT TO PARADISE DRIVE BETIvEEN TIBURON BLVD. AND ~~R WEST Heinberg and Demaurex, Applicants the plan plan under after 'tvhich it stated that should compo""ents ...t his felt Rev in approval it of wa snow since Board his to1here of ing subject plan called by the Plan. Mr. Allan total 70,000 square within 10% of the feet, requirements Steinau and he of of uses more square footage fo~ was recognized stating recalled the Staff's for the downtown area fell Drohan mission the stated the Downtm~n to obtain a clearer Sketch idea for Plan had been allocation In speaking on the points made by his letter from the Tiburon Peninsula Advisory be placed on all dountown development until resolved, and stated that while he couldn't felt that a development as large as that be carefully considered motion, Drohan acknowledged receipt of a Committee requesting that a moratorium Downtown Sketch Plan had been such a full moratorium he the subject developer should the support proposed by seconded by Fanning, but that it be further on February 20, 1967 clarified the original Adjustments had no intent to grant a use permit, in effect, been granted; that in view of the fact that is established to hear and decide applications for use permits and the established to hear and decide applications for private that the tt'10 functions in certain cases uhere substantially inter-dependent, the present divi- two ordinances is cumbersome and should be the ordinances, possibly to require full Planning development and and further, in Downtml1n revision Commiss ion further presented review allocations, the Planning action until a clearer picture is Sketch Plan be requested to the Council view 0 f in use Design Review is master and development plans undeveloped land is involved under and are sion of responsibility the reviewed with an eye to amending Commission hearing on all private the current of the the pennit has, Adjustments Board of master plans and the possible to hold off any motion to and the no Board of Noved by Drohan o't-lners be noted taken Adjustments that Board of that the noted appeal that the by five action of the effect use interested property the Board of application pretation and detennine whether action could be construed if the action of the permit to applicants, it appealed; constituted an advisory decision, appellants requested inter- clarification by the Council of the Board of Adjustment's action to such was within the Board's purview and whether such binding and in fact constituting approval of such action as The letter of appeal stated that constituted granting of 3 use that if the action Board was of Adjustments herewith Attorney, 1967, and 1967 and matter report as copy of dated February 14, 1967, minutes of .1......... Reviet\7 excerpt Board of of Des ign Board the APPLICATION FOR USE PERHIT TO CONSTRUCT COM}illRCIAL AND PROFESSIONAL BUILDINGS AND SERVICE STATION ON EAST SIDE OF TIBURON BLVD BETWEEN SAFm1AY STORE AND }~R \~EST STREET Allan Steinau. as agent for Frank Hoffman Applicant The Chair directed The Deputy City Attorney this date had asked that his conveyed to the Council, and decision has not yet come it the matter continued until March stated that request a the Deputy City the re 'to1ould be Attorney no objection Appl icant for Weinberg in a phone conversation continuation until March 13, 1967 that since the continuance l3 1967 stated to be court s By bill dated February Demaurex and Matthe\l B. taken November 21, 1966 having been continued from lawsuit to be heard in the cerning subject property 21, 1967 the matter of appeal Weinberg, et al of action of denying the applicants' use permit came the January 23, 1967 Council meeting Marin County Superior Court on February on because 20 Y. H Adjustments for hearing of the 1967 con- by Messrs. Michael the Board of Hinutes iff 103 City Council -7- 27 February 1967 The Chair then directed the Development appropriate official to proceed Administrator be designated as the ABSENT COUNCILHEN: None NOES COUNCILMEN None AYES Moved by Fanning, seconded by Drohan, that Development Administrator's recommendations this nuisance be abated unanimously passed COUNCILMEN Bremer Drohan Fanning the procedures outlined in the in the agenda bill be fol1m'led and .I.~ Hoffmire 1. Strawbridge By bill dated February 21, 1967, Richardson Bay Fire District was on a lot Terrace have second the hazard on East abated a letter conveyed requesting between Nos. 2 and 6 dated February 16, 1967 from the that the City declare a hazard and nuisance Alto \'I1eeds and HEED ABATEMENT Assessor's Parcel 34-241-40 Between No. 2 and No. 6 East Terrace IX The Chair directed that letter be sent to the Planning Commission with the motion originally stated by Drohan concerning the fact this application has gone before the Planning Commission and the ordinance will be restudied for possible revision MINUTE ORDERS now a Drohan Hr. for the adoption of prior to vlertheimer ''las Board of with approval again recognized Adjustments to issue the Downtown Plan, suggesting approval of this Plan of Seconder Fanning stating to the then it ~'lou1d be a very serious matter applicants a use permit prior to that no use permits should be granted Hithdrew the motion application Hiss Ellinwood adjourned its Commission lito suggested elements Council is accomplished, \'lere not under was again February 21, take \~hatever of the appeal are the adjourned consideration by recognized noting that the Board of Design Review had 1967 meeting until Marcn. 6, 1967 following the Planning action might be appropriate at that time". She such that if what was now proposed by the could not be held unless this Board at that time meeting the Drohan then suggested that a letter be written to pointing out this matter has come under discussion Mr. Rampton Harvey was recognized stating that the Ellinwood was an excellent paper and he emphasized where consideration of raw land was involved the Planning Commission promptly statement prepared by Miss the procedure was not correct Hr. Ralph Herthe imer was recognized asking that significant area Hithout consideration of final Plan no action be taken on such a adoption of the Downtown Sketch Miss Anne Ellinwood, signer of the letter a statement relating to the Chair stated these matters appe lla'nt of appeal this \o7a s \l7a s appeal. Bremer could go before recognized stating that Mrs. Holmer, also also present and Miss Ellinwood wished to stated the appeal was premature the Planning Commission a make and Mr. Allan Steinau was recognized stating he had been under the impression a use permit had been granted by the Board of Adjustments at its January l6, 1967 meet- ing, to \~hich the Ci ty Hanager responded that Hr. Hoffman had been a\o7are tha t after saying the "concept" of plan had been approved, the Board had then re- quested additional data for before its further action, and it was Mr. Hoff- man's understanding such should be presented to the Board in order that a permit could issue the stud y statistics Drohan motion vIi th consent beginning t1 of Seconder Fanning, possibly to require then withdrew the latter part of his full Planning Commission hearing. " \1 i 11 Hinutes if 103 City Council be returned to the t\oJo separate boards -8- for approval 27 February 1967 By bill dated February 17, 1967, it \Vas reported that as indicated in the damage report of the City Manager to the City Council on January 31, 1967, ordinary cash outlays were incurred in alleviating flooding problems in the recent rains. The principal expense had been emergency dredging of the drainage ditch at Trestle Glen Boulevard. As part of this work was done on private pro- will be made to obtain reimbursement from the owner for his share the amount of $250.68. The City Manager recommended that supplemental appropriation from the Contingency Fund to distributed to A/C C-524 (Equipment Rental) in the amount perty, attempts of these the the expenses in Council authorize a General Fund--to be storm extra- STORM DAMAGE Supplemental EXTRAORDINARY Appropriations EXPENDITURES ABSENT COUNCILMEN None NOES COUNCILNEN None AYES Moved by Strawbridge, seconded by Bremer, be adopted as to appropriation for street passed COUNC ILMEN Bremer Drohan Fanning, that the City Manager"s lighting initial expense Hoffmire Strawbridge recommendations unanimously By bill dated February 21, 1967, it 1966 assumed responsibility for the in the former Be1veron Gardens and Tiburon be necessary to adjust the budget to permit payment Lighting Fund account had been established to receive assets The City Manager recommended that (1) budget account P-509, lighting) be increased from $450.00 to $2,480; (2) that the be suitably adjusted to show the offsetting County Order No 10 be approved \-1 a s costs Electricity (street budget as to revenues disbursements; (3) that General stated. that since electrical of Street the City in December, energy for street lights Lighting Districts, it would of the charges and a Street from the two districts APPROPRIATION OF Budget Adjustment STREET LIGHTING ENERGY The Chair directed that cordance with suggestions made by motion seconded by Fanning, a _~ be written to the County expressing the continued interest in the rest of the Tiburon Peninsula area and the the City desired to have the 1956 Master Plan recognized in any decision made in that area. Following the suggestion of Miss Ellinwood, the Chair further directed that such letter should state that although the 1956 Master Plan would be the guide, that Sketch Plan 1990 be used concurrently and if any conflict arose that the planners on the County's staff should draw the City's attention to this conflict to provide the City an opportunity to speak to the matter EXPENSES of Drohan City's fact that in lett~"V" Miss Anne Ellinwood it was known if any no basic changes were indicated on the previous was recognized asking changes made, the made the "ridge not were except master plan but the Development Administrator whether Development Administrator responding road" Glen "HaS on crossing Trestle Sketch Plan 1990 City copy Marin County Strawbridge Manager of the plan and asked whether Sketch stated it was; that text had been Plan 1990 was now on file in accordance with the s upp 1 ied to the State County and t-l ith the County Planning Act to 11 cities a in Moved by Drohan, seconded by Fanning, that the City Manager be asked to a letter to the County signaling the City's continued specific interest area but recommending that the 1956 Master Plan continue to be enforced unincorporated areas. The \"lri te in this for the On behalf of the Lands and Development February 21, 1967 stating that on February suggested to the Council that they request County Plan 1990 which would lead to amendment of County to the unincorporated areas of the Tiburon Peninsula. of the City Manager that such hearings not be requested City determine whether the Sketch Plan will be made that until the matter of annexation is settled. he advisable It at this more detailed felt hearings Committee, Drohan 14, 1967 Miss the to the s . Drohan would not presented bill dated Anne Ellinwood had hold hearings on Sketch 1956 Master Plan applying was the recommendation time until the stated be COUNTY HEARINGS ON Minutes 1rl03 City Council MASTER SKETCH PLAN 1990 -9- 27 February 1967 ABSENT COUNC ILMEN None NOES COUNCILMEN None AYES Moved by Bremer, seconded by Drohan unanimously passed COUNCILMEN Bremer Drohan Fanning Hoffmire Strawbridge that Register of Claims No 3l be approved ABSENT COUNCILMEN None NOES COUNCILMEN None AYES Moved by Strawbridge, seconded by Fanning that all of Claims No. 31 be accepted the Monthly Cash Flow unanimously passed COUNCILMEN Bremer Drohan Fanning reports submitted except Register Statement accepted as amended Hoffmire Strawbridge r-.....-v-I-.:ficates to $40 the Tiburon Police Administrator, and , Monthly Cash Flow Statement, Fund 31) were presented to the Council, the City Tiburon National Bank" on the Monthly Cash 000 rather than the $60.000 indicated. month of Pub 1 ic and Sheriff Treasurer's Station, and City Honthl Reports x The Chair directed that mission and the Planning policy decision on the matter; project be placed on the agenda on this expenditure might be received and for REPORTS that the from at W1-.:,..L and the City Manager Commission of The City Manager possible to make stated that $3,000 this sum available was the amount requested, from the Contingency Fund Mrs. M~i Berticevich, Parks and Recreation Commissioner that the Parks and Recreation Commission had a in the 1967-68 for amount was if budget requested landscaping possible, to and was recognized stating requested $2,000 appropriation Tiburon Boulevard, but an advance on this start this work immediately it might be Moved by Drohan that the City Manager inform both the Parks and Recreation Com- mission and the Planning Commission of this policy decision and that of actual budget figures for this job be delayed until the next was hoped the Parks and Recreation Commission could supply some the $2,000 requested would be expended. consideration meeting \.,hen it detail on how It was this Committee's recommendation that landscaped areas next to public high- ways, subdivision strips and medians could quite properly fall within the defini- tion of the word "park" since (1) they represent potential green belt areas which, if landscaped with consistent quality, can in effect become small park-like strips throughout the City; (2) they should be compatible with and complementary to the long-range plan for trails appropriate to hiking riding or bicycling throughout the Peninsula By bill dated February 20, 1967, on behalf of the Lands and Development Committee Drohan reported that Resolution No. 3 of the Parks and Recreation Commission re- questing funds for the landscaping of Tiburon Boulevard had been referred to his Committee for a policy decision at the Council's February 14 1967 meeting APPROPR[ATION FOR LANDSCAPING OF TIBURON BOULEVARD ABSENT COUNCILMEN None NOES COUNCILMEN None AYES Moved by Strawbridge, seconded by Drohan be adopted unanimously passed COUNCILMEN Bremer Drohan Fanning Hof fmire Strawbridge that the City Hanager s recommendations of $657 Ninutes #103 City Council 00 and to A/C C-501 (Salaries) - .16 - in the amount of $153.00 27 February 1967 HAYOR /"1\. OF /'.' /. .//.,. '- THE CITY OF TIBURON f f., Approved by the City Council luieJvl3 on 1967 // There being no further business the meeting was adjourned at 12 00 Hidnight XII. The City Manager that a recent accident mobile had brought the City's attention the fences which create blind intersections. The matter some thought as the Administration to regulate shrubs fences and setbacks the ordinance noted to AD JOURNNENT involving a young need for control City Hanager asked will place before at the intersections bicyclist over the and an auto- shrubbery and Council to give Council a proposed Blind Inte rsec t ions ABSENT COUNCILHEN None NOES COUNCILMEN None AYES COUNCILMEN Bremer Drohan Fanning Hoffmire Stra'-.7bridge Moved by Strawbridge, seconded by Bremer, that the Land the City Manager be authorized to negotiate a contract " Planning Commission in its re-study of the Dm~ntown Sketch and Development and ~ith consultants the Plan unanimously passed Committee to assist Fanning presented firm of Callister and Payne t-lith the Planning Commission Committee and the Commission Total Development the Planning letter dated February 27, 1967 addresse detailing their proposal and in accomplishing objectives 0 City Council in its directive cost under the proposal was to the City Manager by costs to continue to work utlined by the Lands and referring the Plan back $1.800 to the Callister and Pa The Chair directed tion to the attention to that petitions the a and 1;-1aterfront osal letter be written mail received phase of the for re-stud of and Plan Dot-JntmoJn to the Planning Commission calling atten- requesting the Commission to direct special Sketch Plan TPAC the , representatives of "grass roots" campaign 1;.Jorking on Miss Anne Ellirn.Jood was recognized Recreation Commission had met suggested recommendations as proposed by TPAC. She March 29, chaired by interested citizens stating that TPAC recently to clarify the including a misconception noted that a meeting would be Del the Belvedere Planning Commission's Chairman could themselves, noting such meeting and Recreation Commission and express the Parks Vlould be citizens members points concerning the held at and two various Mar School at which all attended by of the Parks between their size of the park on Council's the desires of previous Advisory Committee, as Recreation Commission, 'oJere being considered. Strawbridge to understand how the Callister and Payne report had gone feelings in future planning for the waterfront and in sending the Plan back to Tiburon Peninsula Advisory well as the Parks and commented it was so far astray of difficult the citizens Fanning stated he Planning Commission Committee and the had felt for it was the restudy that Citizens intent the Drohan views on like to point out and in its directive sent to Commission to maximize that the City Manager be directed that they direct attention to stated that as he the development that had of the the letters from citizens expressing their the under the Downtown Sketch Plan, he would City Council, too, was interested in saving the waterfront the Planning Commission 1;lith the Plan had requested the area to whatever they could. Drohan suggested that the Planning Commission asking to prepare a that area of received many waterfront extent letter to the plan Downtm'1n Sketch Plan Po I ic on Waterfront Hinutes 41103 City Council XI QUESTIONS -11- 27 February 1967 An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO. OF THE CITY OF TIBURON BY ADDING THERETO SECTION 3(g), ESTABLISHING A SPEED LIMIT ESTABLISHING 15 MPH SPEED LIMIT ON PORTION OF HILARY DRIVE Second Reading and Adoption Ordinance No. 75 55 ABSENT NOES COUNC ILMEN COUNCILMEN COUNCILMEN None None AYES Bremer Drohan, Fanning Hoffmire Strawbridge The question was called for and motion unanimously passed Drohan questioned wording in Section 7 under "Penalties", and it was stated by the City Attorney that a typographical error could be corrected and action taken on the motion for second reading and adoption. Therefore, made by inserting 'the following 'on 'page' 2~:' .5th Line Sec'tion 7: 3. term ~ exceeding six (6) months.. " correction was "$"500~. 00, or~' Moved by Drohan, seconded by Fanning passed second reading and adopted that Ord inance No 74 be considered to have Title of the ordinance NOES ABSENT COUNC ILMEN COUNC ILMEN was so read by None None the Chair AYES Moved by Drohan, the ordinance be COUNCILMEN seconded by Fanning read by title only; Bremer Drohan that further reading be dispensed with and unanimously passed: Fanning Hoffmire Strawbridge An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON REGULATING THE REMOVAL OF TREES ON PRIVATE PROPERTY, PROVIDING FOR THE GRANTING OF PERMITS, AND PROVIDING PENALTIES FOR VIOLATIONS, now came on for second reading and adoption having passed first reading as amended on February 27, 1967. REGULATING THE REMOVAL OF TREES ON PRIVATE PROPERTY Second Reading and Adoption Ordinance No. 74 IV Moved by Strawbridge, seconded by Bremer, that Minutes #103 for February 27, 1967 be approved as submitted unantmously passed. ORD INANCES the meeting held III APPROVAL OF MINUTES Lawrence D. Rose, City Manager Phil V. Scott, Development Administrator Robert I. Conn, City Attorney 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 regular meeting of the City Council of the called to order by Mayor John S Hoffmire Jr. Hall Council Chambers. ROLL CALL City of Tiburon, State of at 8:09 P.M. on March 13, California, 1967 in the was City I. CALL TO ORDER CITY CITY COUNCIL OF TIBURON Minutes 11104 City Council -2- 13 March 1967 ON HILARY DRIVE, having passed first reading on February 27 1967 nml1 came on for second reading and adoption. Moved by Drohan, seconded by Bremer, that further reading be dispensed with and the ordinance be read by title only; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNC ILMEN : None ABSENT: COUNCILMEN: None Title of the ordinance was so read by the Chair. Moved by Drohan, seconded by Fanning, that Ordinance No. 75 be considered to have passed second reading and adopted; unanimously passed: AYES: COUNC IlJtIEN : Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNC ILMEN: None PROHIBITION OF MOTORCYCLE RIDING ON UNIMPROVED ROADS Second Reading and Adoption Ordinance No. 76 An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON PROHIBITING THE OPERATION OF MOTORCYCLES ON UNIMPROVED ROADS WITHOUT A PERMIT AND PROVIDING FOR PENALTIES FOR VIOLATIONS, having passed first reading on February 27, 1967 now came on for second reading and adoption. Moved by Bremer, seconded by Strawbridge, that further reading be dispensed with and the ordinance be read by title only; unanimously passed: AYES: COUNC ILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Title of the ordinance was so read by the Chair. Moved by Bremer, seconded by Strawbridge, that Ordinance No. 76 be considered to have passed second reading and adopted; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None v. MINUTE ORDERS LEASE OF TEMPORARY PUBLIC WORKS HEADQUARTERS The City Manager requested the matter of leasing a temporary public works head- quarters be continued for a~o weeks to allow the Staff to complete their investiga- tion of alternative sites. Mr. Thomas Welsh, Hawthorne Terrace property owner, was recognized requesting that the matter be taken at this time and asking that the City cease consideration of the site proposed on property of the Belvedere Tennis Club. The Chair directed that the matter be continued until the next meeting of the Council. AUTHORIZATION TO PURCHASE EQUIPMENT Road Oiler and Road Roller By bill dated March 7, 1967, Strawbridge presented the request of the Superintendent of Public Works that the Council authorize purchase of an Essick Emulsion Sprayer Drohan moved, seconded by Fanning, that figure "$1,000" and substituting "$500" the main motion be therefor motion passed matters to address the matter amended by deleting Drohan raised the question as to whether the time might not be appropriate to consider contracting with a qualified planner to provide sustained consultation services to the City in a manner similar to the services provided by the City Engineer, and it was noted the budget provides $350 monthly for such consultant. Strawbridge agreed that a planner might be retained to advise the City on planning on a regular consulting basis. The Chair then directed the City Manager a letter the Planning Commission requesting that they investigate and their recommendation to the City Council to report the In discussing the extent of services, Fanning reported had felt such consultation be required for technical the motion under discussion was not related to the and Payne but because of their background on be asked by the Commission to provide such the Commission members assistance only; that proposal submitted by Callister the matter, that firm would probably technical assistance Moved by Drohan, seconded by Fanning, that the City Council approve an appropriation of up to $l,OOO for the Planning Commission to engage consultants on the number of questions the Council has put to the Planning Commission on the matter of the Down- town Sketch Plan put to was the to allow pose By bill dated March 8, 1967, as instructed by the Council the firm of Callister and Payne mission their need for consultation the Commission by the Council Committee's recommendation the Planning Commission to that engage Fanning reported on February 27, and discussed Committee proposal of members of the Planning Com- services to respond to the questions with respect to the Downtown Sketch Plan. It the Council appropriate sufficient money consulting services needed for this pur- the Lands 1967, had \'1ith two in order and Development examined the APPROPRIATION FOR PLANNING CONSULTATION The Chair stated the application would prejudice. The applicant confirmed he within the Tiburon city limits be deemed to have been withdrawn without would not operate his present taxi service Mr. Earl Bailey was recognized and stated he was herewith withdrawing his applica- tion and would resubmit an application should the Strawberry area subsequently be annexed to the City of Tiburon Application of Earl Bailey for operation of limits now came before the Council Committee to which the matter had taxi service to receive the report been referred on January 't-1ithin of the 9 the Tiburon city Public Services 1967 APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE - TAXI Earl L Bailey dba Village Taxi and Limousine Service SERVICE Applicant ABSENT COUNCILMEN None NOES COUNCILMEN None AYES COUNCILMEN Bremer, Drohan, Fanning Hoffmire Strawbridge The question was called for and motion unanimously passed Mrs. Jude Agajan, Hawthorne chase of additional road and requesting that the sideration as a Terrace equipment Belvedere corporation yard resident, was recognized objecting to the pur- until the housing of such equipment was resolved Tennis Club site be eliminated from further con- for the City Moved by Strawbridge, seconded by Bremer, that the City Manager's recommendation be accepted and the request of the Superintendent of Public Works be approved for the purchase of a road oiler and a road roller in the total amount of $3,840.40 for $1,262.40 and an Essick Vibrating Roller for $2,578.00, in accordance with the quotation submitted on February 27, 1967 by Ricker Machinery Company of Oakland. The City Manager recommended that the request be granted and that the Council authorize the acquisition of the equipment and execution of a 60-month lease-purchase contract with the Bank of America at 4-1/4% simple interest and approve the compen- sating transfers between Project Accounts C-6 and C-7 resulting in a combined cost of $9.60 less than the amounts budgeted for the two pieces of equipment l1inutes 1/104 City Council -3- 13 March 1967 As it was the sense of the Council that further infol1mation was desired the Chair directed the City Manager to inform the Parks and Recreation Commission of the Fanning noted that the Chairman of Division of Highways had made an this would affect the amount of Bremer questioned whether gas costs of the project private tax funds the error Commission had advised htm that the State in stating a 25' setback was required, and property involved in such landscaping. might not be available to bear part of the On behalf of the Lands and Development Committee, Drohan presented bill dated March 8, 1967 conveying the statement of the ChaiDman of the Parks and Recreation Commission concerning landscaping of Tiburon Boulevard proposed to be done through direction of that Commission. It was the City Manager's recommendation that the City Attorney's opinion should be requested on ,~hether the City could legally expend funds for landscaping on private property, and that the Superintendent of Public Works should be consulted and requested to report on methods and costs related to maintenance of the areas proposed to be landscaped APPROPRIATION FOR LANDSCAPING OF TIBURON BOULEVARD A short recess Minute Orders l'l as declared by the Chair the meeting reconvening at 9 19 P.M. with ABSENT NOES COUNCILMEN COUNCILMEN: COUNCILMEN None Bremer None AYES Moved by Strawbridge, seconded be followed unanimously passed Drohan Fanning Hoffmire Strawbridge street must tion details By bill dated March 3, 1967 dated February 27, 1967 was underground telephone facilities Joint Use to the Agreeme nt Council by Bremer the Council. approve the plan in principle be approved by the City Engineer that the City Engineer letter of the Pacific Telephone and conveyed requesting the City to approve along ,Hilary Drive, precedent to submitting a It was the City Engineer's recommendation that but specify that installation in the City with. regard to location and construc- s Telegraph Company location of recommendation UNDERGROUNDING OF TELEPHONE LINES ON HILARY DRIVE ABSENT COUNCILMEN None NOES COUNC ILMEN None Strawbridge AYES Moved by Bremer, seconded by Strawbridge, that the City Engineer"s recommendation be followed and the Mayor be authorized to sign such Cooperative Agreement with the State Division of Highways unanimously passed COUNC lLMEN Bremer Drohan Fanning Hoffmire On behalf of the Public Services Committee, Bremer presented bill dated March 2, 1967 conveying the City }lanager's recommendation that a minute order be approved authorizing the Mayor to execute a Cooperative Agreement with the State Division of Highways to allow gas tax funds to be expended in the channelization of the Tiburon Boulevard-Main Street-Paradise Drive intersection COOPERATIVE AGREEMENT WITH STATE DIVISION OF HIGIDiAYS ABSENT COUNC ILMEN: None NOES COUNCILMEN None AYES COUNCILMEN Bremer Drohan Fanning Hoffmire Strat'lbridge Question on the amended motion was called for and unanimously passed ABSENT COUNCILMEN None NOES COUNCILMEN Strawbridge AYES l1inutes 1;104 City Council COUNCILMEN Bremer Drohan -4- Fanning Hoffmire 13 March 1967 Drohan brought to the ~;/lanager pointing out been undertaken to Dnprove Council"s the various safety attention a letter addressed to the Council by the City construction projects along Tiburon Boulevard ~hich have and convenience, including bUS5stop at Rock Hill Road. Construction Prolects Tiburon Boulevard letter dated January 3D, 1967 addressed to the Mayor by Mr. Rampton Har- the Tiburon Peninsula Advisory Committee requesting that the City take steps as necessary to control the potential slide hazard on Red Hill. The Chair stated he had responded to Mr. Harvey's letter and informed him of the City's current activities regarding this property. The Chair then directed the City Engineer to attempt to expedite negotiations between the private property owner and the State Division of Highways and directed the City Attorney to advise the Council on any public liability Drohan presented vey, Chairman of such Slide Abatement Red Hill Tiburon IX Items on the Suspense Calendar were discussed and the fol1m~ing noted Item #1 Chair directed the City Manager to write to the City of Belvedere requesting a on March 20, 1967 on the subject of Downtown Drainage Problems; Item #19 - now b the City Attorney for resolution on the question of prescriptive rights in the matter of extension of Cayford Drive; Item #20 - Bremer requested that the utilities companies contact the Public Services Committee to arrange joint meetings as suggested to develop an undergrounding master plan, the Chair also directing the City Manager to correspond with the Public Utilities Commission urging action on the request made to them by the utilities companies to allocate revenues for such undergrounding UESTIONS prompt a percentage of The meeting efore VIII By bill dated 1967, the Development certain practices found in the renting of incorporated in formulation of the new Zoning had therefore been removed from the Suspense March 7 now SUSPENSE CALENDAR Ordinance Calendar Administrator rooms in noted that a method to prohibit single-family dwellings would be The Chair noted that the item Report of the Department mitted for the month of the "application for accepted of Urban Development, with supplemental text attached, was February, the Chair commending the Development Administrator land use" form he had devised and directing that the report be sub- on Deve10Ement Administrator Report mi t ted future reports that the report of the the Tiburon Police and Sheriff City Manager noting that he the accumulated totals for be accepted February the month of Sheriff Lt. Barne s to date. The February, to 1967 \'1as sub- indicate on Chair directed Tiburon Police and Sheriff Station Februar VII Strawbridge suggested that at that time transparency slides be presented by the Staff to assist the Council in identifying the specific area involved and the so directed REPORTS Chair There being no objection, the regular meeting of the Council On behalf Council since suit of the on Chair directed of Applicant 11atthew B. Weinberg, the Deputy City Attorney informed the applicant's desire to have this matter continued another Court's ruling on applicants' demurrers to the City's claim in the subject property had not yet been handed down the matter continued until the next the tt-lO weeks the law- APPLICATION FOR USE PEill1IT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE BETIiEEN TIBURON BOULEVARD AND MAR EAST Weinberg Demaurex et a1 Applicants VI Council's request to receive a report from the Superintendent of Public Works on maintenance costs and methods; that the City Attorney be directed to respond to the question on whether public funds might be expended for landscaping on private that the City Engineer and City Attorney determine whether this come under the definition of "functional landscaping" in the Co11ier- legislation property; and project might Unruh Gas Tax APPEAL l1inutes #104 City Council -5- 13 March 1967 MAYOR OF A /' _~ t,l...-- "-1 .-.~ TIlE CITY OF TIBURON ," ------.....----- Approved by the City Council on 1967 "'/~' There being no further business the meeting "t-las adjourned at 10:39 P .M x JOURNMENT ABSENT COUNCILMEN None NOES COUNCILMEN None AYES Moved by Fanning, seconded by Drohan, that the Memorandum of Sleezer Internal Accounting Controls and Accounting Procedures be accepted COUNCILMEN Bremer Drohan Fanning Hoffmire Strawbridge & Eckhoff on unanimously passed Each item contained in the auditors Accounting Procedures was discussed memorandum on Internal Accounting Controls and ABSENT COUNCILMEN None NOES COUNC ILMEN None AYES COUNCILHEN for and motion unanimously passed Bremer Drohan Fanning Hoffmire S t r a"t11 br idge The question was Fanning questioned whether sufficient insurance was carried by the City and required .s~curity. against, deposi.ts.was l)eing maintaiged" .at'.an adequate '.lev.el called Hhether the Strawbridge moved, seconded by Fanning, that the audit of Sleezer & Eckhoff of the City books for the fiscal year ended June 30. 1966 be accepted The had ing Chair advised that submitted is report on a memorandum on Internal on February 10, 1967, audit of the City Accounting Controls the s books and accounting for the year Accounting Procedures firm of fiscal s Sleezer & Eckhoff 1965-66 inc1ud- Audit On the subject of next year make their estimated budgets covered by the Council prior budget, the Chair expressed available prior to May in to the end of the fiscal o rde r year the hope that departments that the subject can be s status report be presented with the financial ments , the City Manager then reviewed by departments percentages spent for the first six months against the total budgeted for the year summarizing these figures, $105,516.16 has been expended for the first six months the total of $347,329.00 budgeted. .Drohan also requested that the budget a projection of estimated expenditures for the remaining six months of the Fanning also requesting that a statement of capital outlay expenditures be would report fiscal year included d ~/o/'" state- \'. the ~~ ;: . In out of include Budge t increased, $106 monthly reduction the Administration and Strawbridge called ceiving increased into the State to the Council"s salaries to compensate Employees Retirement System consideration might be given to in take-home pay. Finance Committee attention the for the fact that City employees "t"ere now re- payroll deduction caused by entrance but as the City Nanager's salary had not been a salary adjustment to compensate him for the There being no objection, the Chair directed to discuss the matter and report to the Council Sa1ar lvfinutes :/1104 City Council Adiustment Cit er -6- 13 l1arch 1967 By bill dated March 20, 1967, the City Engineer reported that because of a recent accident, he had been requested to investigate the traffic safety situation at the intersection of Hilary Drive and Howard Drive. A sketch showing the existing situa- tion, recommended corrective measures and a diagram of major and minor traffic move- ments was included in the report. As a result of this investigation, the City Engineer recommended: (l) removal of the stop sign for southbound traffic on Howard Drive and placing a stop sign to control eastbound traffic on Hilary Drive; (2) placing a yield sign for westbound traffic on Hilary Drive; (3) removing all trees in the right-of-way and pruning back foliage in the right-of-way at 100 Howard Drive; (4) removing about 40 linear feet of fencing on the corner of the property at 101 Howard Drive. TRAFFIC CONTROL SIGNING AND OBSTRUCTION OF Hilary Drive and Howard Drive INTERSECTION There being no objection, the Chair directed the hearing continued for two meetings at which time the owners will have been expected to remove the nuisance, and directed the City Manager to convey this infonmation to the law firm representing the owners It was the sense of the Council that the City for such work. selected persons should not name On behalf of the Public Services Committee, Bremer read letter dated March from DeCristoforo and DeCristoforo, a Sacramento law firm representing the Messrs. John Wayne, Warren Hayes and Mery1e Sullivan, stating that the owners not residents of the Bay Area and it would not be possible for members of the firm to attend this meeting. Therefore it was requested that the City Manager supply the names of 3 to 5 persons engaged in the business of weed removal after which a bid would be let to have the weeds removed a few 24, 1967 owners, were 1at'1 The Chair declared the public hearing open By bill dated March 2l, 1967 it was reported that as directed by the Council at its February 27, 1967 meeting, the Development Administrator had followed the procedures of Ordinance No. 59 and notified the owners of a lot located in the Reedlands at No. 4 East Terrace that they should appear on this date to show cause why the hazard- ous and noxious weeds on this property should not be condemned as a public nuisance and abated. ORDER TO SHOW CAUSE RE WEED ABATEMENT Lot 20, Reedlands Subdivision Unit 2A HEARING No. 4 East Terrace IV Moved by Drohan, seconded by Strawbridge, that Minutes l3, 1967 be approved as submitted unanimously passed RESOLUTIONS Ij l04 for the meeting held March III APPROVAL OF MINUTES Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Richard H. Breiner, Deputy City Attorney Ray W. Foreaker, Jr., City Engineer Louis Brunini, Superintendent of Public Samuel Shapero, City Treasurer Works EX OFFICIO ABSENT COUNCIlMEN Fanning Bremer Drohan Hoffmire Strawbridge PRESENT COUNCILMEN II The regular meeting of the City Council of the called to order by Mayor John S. Hoffmire Jr. Hall Council Chambers. ROLL CALL City of Tiburon, State of California, at 8:08 P.M on March 27 1967 in the l'las City I. CALL TO ORDER Minutes 11105 CITY CITY OF T IBURON COUNC IL 27 March 1967 ABSENT COUNCILMEN Fanning NOES COUNCILMEN None AYES Bremer moved, seconded by Strawbridge, that all trees and fencing encroaching on the public right-of-way be removed as necessary; unanimously passed COUNCILMEN Bremer Drohan Hoffmire Strawbridge The City Manager was recognized stating that it was within the province of the Council to grant an encroachment permit and requested that the City Attorney's advice be sought as to the City's liability should such encroachment be granted Drohan moved that the decision just made, and City Engineer that stop signs were placed that then exist, that the property owner at 101 Hilary Drive any portion of said fence Motion died for lack of a in view of if three the max imum not be second. recommendation of safety factors required to remove the would NO$S ABSENT COUNCILMEN ILMEN COUNC Fanning Strawbridge AYES Moved by Drohan, the fact the area three stop signs at perty owners' association COUNCILMEN seconded by Bremer, is well trafficked this intersection, of that area Bremer, Drohan that in view of the by school children, as recommended by motion passed Hoffmire exigencies of safety and the Council vote to put in the president of the pro- The Chair suggested the opportunity to express representative of the by 95% of the support for residents three stop matter be put over to al19w other residents of the area an themselves, and Mr. Stong was recognized stating that as a Del Mar Property Owners, he felt confident a petition on Howard and Hilary Drives could be obtained signs at the intersection s ig ned indicating Strawbridge moved that the City Engineer's recommendations be approved with (3) reworded to "such trees in the right-of-way shall be removed as may be necessary Motion died for lack of a second. Mr. Rampton Harvey was recognized requesting that early consideration be given to extension of Porto Marino through to Trestle Glen as a means of distributing traffic flow The City Drohan's to regarding any urgency to it would probably not be necessary placed at the intersection Engineer reviewed the basis for his recommendations; and in answer to question as what procedures might be considered to maximize safety--dis- facilitate movement of vehic1es--the City Engineer stated to remove the fence if three-way signing was uere police of 101 not Hilary Drive, was recognized stating the caused by the obstruction of vision by his officers' opinions that such removal might Strawbridge pointed out that the original owner placing the fence on public property at 101 Howard Drive without encroachment permit assumed the responsibility for its agreed with the City Engineer's recommendations, but questioned the removing the pine trees at 100 Hilary Drive as proposed remova 1 . He necessity of Bremer should remain section stated that as the fence in question is within the public right-of-way, it be moved as the City might be held liable for permitting a public nuisance if it were found to be a causative factor in another accident at the inter- to Mr. Hildreth L. Stong, 404 Hilary Drive, was recognized submitting a written report containing suggested changes in the recommendations proposed by the City Engineer: (1) that the stop sign for southbound traffic on Howard Drive not be removed; (2) that a stop sign be placed to control eastbound traffic on Hilary Drive, as suggested by the City Engineer; (3) that a stop sign, rather than yield sign, be placed for westbound traffic on Hilary Drive; (4) referring to comments made by police officers investigating an accident at this intersection in March, 1966. He also expressed the opinion that the City should bear the cost of removal of the fencing at 101 Howard Drive if this should be decided by the Council Minutes /1105 City Council -2- 27 March 1967 On behalf of the Administration and Finance Committee, Strawbridge presented bill dated March 20, 1967 stating that Section 2(g) of the Personnel System requires that the Master Salary Plan shall be reviewed annually no later than the 30th day of March and recommending that since the Master Salary Plan was incorporated in the Personnel System adopted in February, 1967, the plan has in fact been reviewed and the requirements of the ordinance could be deemed met ANNUAL REVIEW OF :t-fASTER SALARY -PLAN A short recess was declared the meeting reconvening at 9:34 P.M ABSENT COUNC ILMEN Fanning NOES COUNCILMEN None AYES COUNC ILMEN called for and motion unanimously passed Bremer Drohan, Hoffmire Strawbridge The question Drohan questioned why the additional $1,181.87 had not been budgeted with the project costs, the City Engineer responding that it should be but that both sums would come from gas tax monies t'la s Moved by Bremer, seconded by Strawbridge Engineer be approved of the City that the recommendations Agenda bill dated March 20, 1967 was presented in which the City Engineer requested that since road repairs on Esperanza Street had been completed and accepted by the City Engineer, and the 35 days elapsed since filing of notice of completion, the Council should authorize payment of the invoice of E. A. Forde Co. in the amount of $3,871.10. The City Engineer also recommended that with an additional sum of $1,181.87 expended for engineering and contract administration not specifically budgeted to this project, the total of $5,052.97 was $1,052.97 over the budget figure of $4,000 and recommended that $1.052.97 be transferred from Gas Tax Funds Project 67-p-1 to Project 67-P-2 AUTHORIZING PAYMENT TO CONTRACTOR Road Repairs on Esperanza Street The Chair directed the Mr. Harry Matthews, Vice President of the Little Reed Heights tion was recognized and thanked the Chair for the continuance matter continued until the next regular meeting of the Council Property Owners Mr. Rampton Harvey was highway is realigned District would have, Greenwood Beach Road recognized inquiring about access the Chair responding access would noting that present access if now Associa- to the property when the be the same as the Sanitary off Tiburon Boulevard at tunity of The City Manager presented for the site The Chair stated that continued until the to become next aware because of the newness of the proposal, the matter would be meeting to allow Little Reed Heights residents an oppor- the proposal, but invited limited discussion of the matter exhibits indicating the layout and landscaping proposed The Superintendent of Public Works was recognized stating that land to the west of the Sanitary District's plant would not be available for lease to the City as it will be required for expansion of the District's facilities On behalf of Services Bremer presented bill dated Marc 1967 setting proposal for to lease from the Richardson Bay u District a site approximately 20 feet of the District's plant off Tiburon Boulevard for use as a City corporation yard, for seven years at an annual rate $500, the lease to be cancellable after 3 years by either party upon 6 months' written notice. The City Manager recommended that the City Attorney be instructed to prepare a lease based on the terms stated; that negotiations for a Belvedere Tennis Club property be terminated; and the Superintendent be authorized to prepare a proposal for improvement of the site the Public forth a Committee the City east site on of Public 23, "anitary Horks of LEASE OF PUBLIC WORKS HEADQUARTERS SITE Minutes #105 City Council V MINUTE ORDERS -3- 27 March 1967 The Chair directed on this request the necessary papers to the City Attorney The City Manager was recognized stating that bill dated March 21, 1967 should be disregarded; that what was requested by the Strawberry Recreation District was the City's concurrence--as a third party with the County and the District--in dredging of the canal at Harbor Cove, half of which is on land purchased jointly by the City and the County. The City Manager stated the County had already given its approval and should the City desire to do so, the matter might be referred to the City Attorney to include proper legal safeguards in any motion granting approval to prepare take action HARBOR COVE TIDELANDS PROPERTY ABSENT COUNCILMEN Fanning NOES COUNC ILMEN None AYES COUNC ILMEN Bremer for and motion unanimously passed Drohan Hoffmire Strawbridge The question was Miss Anne Ellinwood was recognized stating, on behalf of TPAC of a non-tidal canal did not incorporate boats and therefore required called that their concept no bridge would be Mr. James Johnston was wouldn't be possible to there a bridge across and drive l;-1ou1d be were sce nic recognized, agreeing have a canal and the canal possible with this statement open waterfront with a The Chair stated it was and adding that it drive unless a canal scenic felt both Mrs. Mimi who have expressed tion of this drive Berticevich was their >V should be recognized stating ~ishes to maintain a decided before any o.ther that scenic wi th the drive plan hundreds of residents at the waterfront reten- lJaS invest igated Moved by Bremer, seconded by communicate with the Northwestern Belvedere Joint Drainage Committee Strat-lbridge, Pac ific that the City Manager be authorized to Railroad as recommended by the Tiburon- The City Engineer was recognized stating that if no land acquisition cost were involved, the canal might be the least expensive alternate; that as has been men- tioned before, a canal might provide recreational features which would allow the costs to be defrayed by federal funds; that as far as contacting the railroad was it was the Committee's feeling that both cities should conduct themselves manner in communicating--or not communicating--with the railroad concerned, in the same Drohan noted responded the at this to be stage compared that there is some opposition to a proposed non-tidal whole matter would come before the public for discussion it was desirable to determine the economic feasibility of with the Belvedere Cove proposal canal, and Bremer later but such a canal Committee, Bremer presented bill dated March request that the City Manager be authorized to North~Jestern Pacific Railroad advising that the availability which the railroad is to make a planning study--would be of subs tan- interest to the cities of Tiburon and Belvedere in resolving the drainage problem, and requesting that the cities be advised of the railroad's intentions in this regard at the earliest possible date. Bremer stated that it was the feeling of the Tiburon-Be1vedere Joint Drainage Committee that such a letter, addressed by managers of the respective cities, would be helpful in bringing about an solution to the Belvedere Cove outfall nOH being considered the city alternate On behalf of the Public Services 1967 containing the Committee's communicate with the of a canal--for tial 21, DOWNTOWN DRAINAGE PLAN ABSENT COUNCILMEN Fanning NOES COUNC ILMEN None AYES Moved by Strawbridge, submitted be approved COUNCILNEN seconded by Drohan, unanimously passed Bremer Drohan Hoffmire Strawbridge Minutes #105 City Council -4- that the Master Salary Plan as 27 March previously 1967 The City Engineer reported work was expected to commence ~hough the railroad had been notified it would be necessary March 28, 1967 and that to permanently close a1- the Channelization Prolect Main St Tiburon Blvd Paradise Dr ive Items on the Suspense Street Light Maintenance the April Council meetings IX Calendar were discussed and Policy not be placed on UESTIONS Bremer requested that Item No.7, the agenda during his absence from VIII SUSPENSE CALENDAR ABSENT COUNCILMEN Fanning NOES COUNC ILMEN None AYES Moved by Strawbridge unanimously passed COUNCILMEN Bremer, Drohan, Hoffmire Strawbridge seconded by Bremer that Register of Claims 1132 be accepted REG ISTER OF CLAIMS The February, 1967 report of the Department of Public Works was presented, and accepted by the Chair with commendation to the Superintendent of Public Works. Monthly Cash Flow Statement and Fund Receipts by Sources were presented and accepted by the Chair #32 DEPARTMENT OF PUBLIC WORKS MONTHLY CASH FLOH STATEHENT FUND RECEIPTS BY SOURCES February, 1967 VII REPORTS The Deputy City was not present at the since January 23, 1967 to aw pertinent to the matter, and he could properly present a April 10 1967 The Chair directed the appeal ruling request on Hr continued until the Hr. this appeal Superior Court yet been handed Weinberg's behalf for next regular meeting Matthew Weinberg, Appellant had been continued on litigation he believed until down, cont inuance Attorney was meeting ait the such recognized but as stating that the matter of ruling of the had not APPLICATION FOR USE PERMIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE BET~mEN TIBURON BLVD. AND Weinberg and Demaurex, Applicants MAR EAST VI APPEAL ABSENT COUNC ILMEN Fanning NOES COUNCILMEN None AYES Drohan moved, seconded by Strawbridge, that the City Manager be instructed to inform the League of California Cities that Tiburon would not favor increasing rate of city contribution of "701" monies to 50% unanimously passed COUNCILMEN Bremer, Drohan, Hoffmire Strawbridge the March 23, 1967 it was reported that the League of California Cities some 30 cities in the state whose "701" programs were tabled because of federal appropriations whether they would support a policy of the cities' contributions be increased from 33-1/3% to 50% to allow federal spread further. The City Manager had discussed the question with Hr. George Gatter, whose viewpoint had been that with the elaborate and cumbersome federal requirements that cities must now meet even before applying for such 50-50 federal-city assistance, and taking into account the City's size, Tiburon all probability accomplish all of its necessary general planning for the same cost as simply preparing to apply for a federal grant By bill dated had asked the of a shortage League that funds to be could in approximately ALLOCATION OF Minutes #105 City Council 701 " FEDERAL ASSISTANCE IN PLANNING -5- 27 March 1967 Minutes #105 City Council -6- 27 March 1967 entrance to the parking lot, no provision had been made by the railroad for alternate access to the lot and commute passengers will have to find other spaces for their cars. The Chair directed the City Engineer and City Manager to bring this to the attention of railroad officials. Claim Against the City The Deputy City Attorney reported that on March 10, 1967 the Belvedere Property Owners Association had filed a claim for $250,000 alleging the City caused some acts resulting in damage to property owned by the Association. Bremer suggested the Council recess to Executive Session to discuss the matter, and the Chair stated such session would be held at the conclusion of the business of the meeting. Codification The City Manager stated the Michie Company expected to meet its deadline and in May would begin a series of conferences with the City Attorney to review drafts of the Municipal Code. "Unnamed" Park Strawbridge suggested a directional sign might be placed near Greenwood Beach Road to identify access to the Cityfs "unnamed" park located below the Little Reed Heights area Mrs. Mimi Berticevich, Parks and Recreation Commissioner, was recognized and stated the Commission had recognized the temporary nature of any improvements with the coming high- way alignment but had provided $2,000 in the coming fiscal year's budget to plant oat grass and natural grouping of trees, benches and walkway. Mr. Rampton Harvey was recognized and requested that prompt action be taken to improve the park for use during the months of April, May and June when weather was favorable. Mrs. Berticevich stated this would require an advance on next year's budget, and the Chair suggested the Commissioner place the matter before the Parks and Recreation Com- mission as the Council would probably act favorably on such a request for advance. Extension of Juanita Lane Strawbridge requested the Council to consider addressing a letter to Mr. Frederick G. Zelinsky requesting t~at Juanita Lane be continued to carry Corinthian Island traffic so Main Street could be converted into a pedestrian mall. The Chair acknowledged that verbal contacts had already been made by the City Manager but a letter could go fon~ard to Hr. Zelinsky. In this connection, Mr. Rampton Harvey was recognized requesting that Corinthian Harbor Company be placed on the Cityfs mailing list. Legislation on Brown Act The Chair reported the City of Tiburon had initiated action and with other city councils in the League of California Cities had written Assemblyman William Bagley, Chairman of the Committee hearing Assembly Bill 245, requesting that the measure be defeated. Strawberry Shopping Center Access In annexation discussions with Strm~berry area residents, the matter of improved traffic control for entrance to the Strawberry Shopping Center from Tiburon Boulevard was brought up. The Chair reported he had attended a meeting with the City Hanager and State Division of Highway representatives and plans were going ahead for traffic light- ing at that intersection. Strawbridge stated the Hayor should be commended on the manner in which he is keeping up with activities affecting the City and for the generous contri- bution of his own time in the City's behalf. XI. EXECUTIVE SESSION At 10 :42 P.M. the Chair declared the meeting recessed in order that the Council might meet in Executive Session on the subject of the Belvedere Property ~vners Association claim. XII. AD JO URNNE NT There being no further business the meeting was adjourned at 11:00 P.M Approved by City Council on - / IvlAYO AYES NOES ABSENT COUNCIU1EN COUNCILMEN COUNCILMEN Bremer None Drohan Fanning Hoffmire Strawbridge Question on the motion Strawbridge stated that while he would vote in favor of adoption should be sparing of impeding traffic by a clutter of stop signs ~-1as called for and motion was unanimously passed he felt the City Moved by Drohan, seconded by Fanning, that Resolution No. 142, A RESOLUTION OF TT~' CITY OF TIBURON DEFINING AND ESTABLISHING A STOP INTEr~ECTION AT THE INTERSEC~~v~ OF HILARY DRIVE AND HOWARD DRIVE, AND AMENDING RESOLUTION NO 109 BY DELETING THEREFROM SECTION 1.9, be adopted By bill dated April 4, 1967, Strawbridge read a resolution establishing a stop intersection to stop traffic proceeding southbound on Howard Drive and eastbound and westbound on Hilary Drive to implement action taken by the Council at its March 27 1967 meeting. STOP INTERSECTION AT HOWARD AND HILARY DRIVE Resolution No. 142 NOES ABSENT COUNCILMEN COUNCILMEN None Bremer Fanning Strat"bridge ,. AYES Moved by Strawbridge, seconded by Fanning, that Resolution No. 141, A THE CITY OF TIBURON PROCLA]MING PUBLIC SCHOOLS {{EEK APRIL 24-28, 1967 unanimously passed COUNCILMEN Drohan Hoffmire RESOLUTION OF be adopted By bill dated April 3, 1967, Strawbridge read a resolution proposed at the request of the Reed Union School District proclaiming the week of April 24 through April 20 as Public Schools Heek . ?UD~IC SCHOOLS tlEEK R~80lution No 141 IV F~~ning noted that Minutes #104, approved during his absence, reflect a comment on paee 6 t~at he had suggested a budgetary status report be prepared for each meeting, where~s ~c had requested such report be prepared on occasion. The Chair directed Minutes #104 fo~ the meeting held March 13 1967 be so corrected RESOLUTIONS Moved by Strawbridge, seconded by Drohan March 27 1967 be approved as submitted that Minutes #105 unanimously passed for the regular meeting held III APPROVAL OF MINUTES Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Richard Breiner, Deputy City Attorney Ray W. Foreaker, Jr., City Engineer Louis Brunini, Superintendent of Public Samuel Shapero, City Treasurer Horks EX OFFICIO ABSENT COUNC IU1EN Bremer Drohan Fanning Hoffmire Straubridge PRESENT COUNCILMEN II T::e regular meeting of the City Council of the City of Tiburon, State of called to order by Mayor John S. Hoffmire Jr at 8:16 P.M. on ApLil 10, Hall Council Chambers. :lOLL CALL California, 1967 in the was City I. CALL TO ORDER Hinuces 41106 CITY CITY COUNCIL OF TIBURON 10 April 1967 Minutes tftl06 City Council -2- 10 April 1967 ESTABLISHMENT OF STOP INTERSECTIONS AND NO PARKING AREAS Tiburon Boulevard, Main Street and Paradise Drive Intersection Resolution No. 143 Strawbridge presented bill dated April 3, 1967 in which the City Engineer set forth the signing and striping requirements that must be adopted by resolution in order to effect the changes taking place in the channelization of traffic at the Tiburon Boulevard-Main Street-Paradise Drive intersection. The proposed resolution was read by the Chair. Moved by Strawbridge, secondLd by Drohan, that Resolution No. 143, A RESOLUTION OF THE CITY OF TIBURON DEFINING AND ESTABLISHING A STOP INTERSECTION AND NO PARKING Ar~AS AT THE INTERSECTION OF TIBURON BOULEVARD, MAIN STREET AND PAP~DISE DRIVE, be adopted; unanimously passed: AYES: COUNCILNEN: Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNC ILMEN: None ABSENT: COUNC IU1EN : Bremer The City Manager stated that the signs at said intersection would be lowered and reduced in dimension and about 30% would be removed; however, this would not affect the resolution just adopted by the Council. Mr. Tom Belton, President of the Main Street Merchants Association, was recognized stating that \-lhile the additional "yel10\-1 zones" t-lere appreciated, the merchants were still concerned about the problem posed for tour buses in loading and discharg- ing passengers during the week days. The Chair directed the City Engineer to Hork t~ith Mr. Belton on this problem and, further, requested the City Engineer to again contact the owner of property at the north corner of Main Street and Tiburon Boulevard to obtain dedication of the few feet of property needed to round off the corner at this intersection. Mr. Joseph Bacheller, Parks and Recreation Commissioner, was recognized and inquired if landscaping of the channelization project might not be delegated to the direction of the Parks and Recreation Commission. Drohan responded that the landscaping has already been planned and materials purchased. V. MINUTE ORDERS PURCHASE OF USED TANK TRUCK By bill dated Ap~il 5, 1967, the Superintendent of Public Horks reported the offer by the Tiburon Fire Protection District to sell its 1944 GMC 2-1/2 ton, 750-gal10n Tank Wagon for $300.00. To equip the truck for watering, culvert flushing and street washing would cost an additional $300 to $350. It was the City Manager's recommen- dation that Capital Outlay Project C-8 Tank Truck (Surplus) be increased by $350.00 to a total of $650.00 and that the Superintendent of Public Works be authorized to acquire the truck offered by the Fire District. Moved by Strawbridge, seconded by Fanning, that the City Manager's recommendation be accepted; unan~ously passed: AYES: COUNCILMEN: Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABS ENT : COUNC ILMEN: Bremer LEASE OF PUBLIC WORKS HEADQUARTERS SITE By bill dated March 28, 1967 the matter of lease of a public works headquarters site was again put before the Council, having been continued from the March 27, 1967 meeting. The report proposed acceptance of a lease from the Richardson Bay Sanitary District for a site east of the Sanitary District's plant. The recommen- dations of the City Manager were that the lease offer be accepted; that further negotiations with the Belvedere Tennis Club for a site on their property be termina- ted; and that the Superintendent of Public Yvorks be authorized to prepare a pro- posal for improvement of the site and submit such program for the Council's approval if the balance 4-he land, they legal building s By bill dated Property Owners Council had considered a April 4, 1967 Association it s reported of Reed1ands 1967 the EXTENSION OF CAYFORD DRIVE fram Southridge to Cece1ia tolay ABSENT COUNCILMEN Breme r NOES COUNCILNEN None AYES COUNCILMEN Drohan Fanning Hoffmire Strawbridge Question on The City Engineer added that as the City was its present $24,000 in matching fund credits recommend the extension of the road as a time the motion was called for and unanimously passed experiencing some for applicable good use for such difficulty improvements, funds at the present in using he would The Chair volunteered $12,000 and it his land to such use uas public that right-of-uay costs migqt be estimated at $7,000 belief the O\\7ners "t"lou1d act favorably in dedicating to this project on a $15,000. fOl- Funds street City's expenditure would be street with no expenditure The City Engineer would cost that COt if the a new conduit to "tole re solve the drainage problem extended under a gas-tax only of General Moved by Stra"t"lbridge, Services Committee be seconded by Drohan accepted. On behalf of the 3, 1967 reporting Porto Marino Drive, ing. The Committee ments. would be one Drive to that that accomplish the the recommendations storm drain, recommendation that Porto be instructed next rainy season of the Publ ic be extended initiate a gas-tax project of the Committee installation of a solution but proposed as Trestle Glen and to its the City Engineer tolork before the meet- improve- Marino to referred stated Public on the Services matter to Committee Strawbridge presented bill dated April erosion occuring from runoff of water from at the February 14, Council without 1967 further DllAINAGE FROM PORTO MARINO DRIVE A ten-minute recess bridge, with Drohan"s continued to the next The Chair then appointed research additional was declared by the Chair sites consent meeting Dorhan to work with and report to the withdret\7 the of the Council the meeting reconvening at the Public Services Committee to Council at the next meeting. Straw- motion and the Chair directed the matter 9:00 P.M Fanning and if the Belvedere corporation yard suggested additional further discussions with the City of Belvedere space were found perhaps the two cities might might be explored continue to share Drohan t-lorks felt stated that t"lhile he was aware the City Manager and Superintendent had been conscientiously and diligently exploring corporation yard that location of the yard in the proposed area would reduce values residences, and he could approve acceptance of this site only as a last then only on a temporary basis of Public sites, he of nearby resQ,tt--and Strawbridge moved accepted Minutes 41106 City Council seconded by Drohan that the City Manager -3- s recommendations 10 April 1967 be to the as transportation Strawbridge asked Fanning doubted the economic The Chair stated he did not believe walking and biking trails and that in action as confirming the discussions officials tot'lards pushing for of the City acquiring the land over the 'vhe the r the ir for Parks and Recreation Commission be included in development of a plan incorporating all these uses feasibility of private operation of the rails of a passing this of the Mayor searching title park and recreation purposes motion and the on the that trails as the right-of-way Has prac t ica 1. operation of rail transportation railroad would be compatible with he would interpret the with railroad the enr' City Manager property to't-lards Referring on r igh t s possibility of conversations proposal of '-lhat funds he right-of-way upon might be proposed, M~ for this purchase, as had recently had with 'tolell '17 it h funds to help in from the City look into the Chair reported reversionary Fanning staff of the of receipt Hou1d C. he had discussed federal Hoved by Strawbridge, Committee be accepted It was the finding of the right-of-way would this strip of property, that that '-lhile all uses should be and the roadbed divided hiking trail covered use as a bicycle be placed under seconded by Fanning that the report of the Public Services 1- id ing tr~ il < the control and Further, it maintenance landscaping, and a paved inboard was recommended that the of the Parks and providing strip for project should Recreation Commission into "Hith tanbark construction of any form considered it recommended t't'lO through strips, on the separated uater side that acquire permitted and tracks be removed a the Public revert as no Services Committee, public lands or the based upon the assumption City might otherwise should be that the Services Committee, Strawbridge presented bill recommendations of the Park and Recreation Commission ilroad right-of-way as a pedestrian, biking and hiking transportation system, when ~he railroad abandons the dated for April trail use of PROPOSED USES OF P~ILROAD RIGHT-OF- :'lA Y ABSENT COUNCIU.iEN Bremer NOES COUNCILMEN None AYES C OUNC ILI\iE N Drohan Fanning Hof fmire Strawbridge by Drohan that the City Manager, City Attorney and investigate prescriptive rights that might obtain; that ~o place before the County's Board of Supervisors a imilar that the City Attorney be directed action; and unanimously passed Straubridge Mr. Joseph Bacheller 'las recognized asking whether a stub street didn't exist whether gas-tax monies would not be available if the property were condemned Chair responding negatively to both questions Hith approval of Drohan then '-Ii thd ret'l the motion and the The Cj gation Supervisors sion of the ty Nanager into the vclunteered prescriptive should be asked to consider road into the County the Council rights might also which might apply, a complementary tl7 ish to and consider further investi- the County's Board of action as it affects exten- Moved by Strawbridge, seconded by Drohan, that a resolution be drawn commencing condemnation proceedings to obtain the right-of-way essential to extension of Cay- ford Drive reaffirmed street be requirement the the the extended that residents area for better access to by emergency vehicles The Hanager traffic, the is not true City Hanager that the on neighborhoods of Reedlands recommendations the basis have and of and the of circulation a second access which Reedland Ivoods and the the City Engineer need for better at present need for City of i'linutes ffl06 City Council -L~- 10 April 1967 the City Seal having been received, Drohan moved, $234.00 be transferred from the Contingency Fund to the City's seal; that 25 of made for a new City A revised that the Hr. Uno ordered emblem Berke ley, for an expend iture unanimously passed die sum Tienson, and that of of die of the $150.00 be seconded by Fanning Alc H-530 to pay of be Seal these to seals match the City Seal of th~ir as the the house stated f-1...eir remove respon- Noel, and that because removal but it was that inasmuch to remove desire first Reed Ranch serving the taken Road, Belvedere Damaged House 34 :rreed Ranch Road There being no objectio n Urban Development for the VIII the Chair month of directed Barch be UESTIONS the report accepted. of the Department of DEPARTNENT Noved by Stra",bridge, for the month of Harch OF URBAN DEVELOPMENT seconded by Drohan 1967 be accepted March that Department of Public unanimously passed Horks report DEPARTNENT OF PUBLIC HORKS March The Chair stated originally before until this date that appellants the Council and VII have on January therefore declared REPORTS again 17, the requested 1967 a continuance and continued from appeal hearing continued of this appeal time to time APPLICATION FOR USE PEP&lIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE BETI1EEN TIBURON BOULEVARD AND MAR EAST Weinberg and Demaurex et al Applicants VI APPEAL ABSENT COUNCILNEN Bremer NOES COUNCILMEN None AYES Moved by by minute under (1) COUNCILHEN Drohan order (2) seconded similar and (3) to of Drohan by that the Fanning, the of Agenda Fanning that the City Council express its approval County of Marin with the provisos as stated Bill unanimously passed Hoffmire Strawbridge being located City and the Drohan presented bill dations, in response action similar to District to dredge vlithin District the the the dated to the April 3, 1967 request made County of Marin in channel off east boundaries of by the permitting the StraHbel~ry Strawberry Drive, portions the property acquired by the containing Council the City Attorney's on Narch 14, 1967, to Recreation of said County recommen- take channel the DREIDGING OF STRAHBERRY CHAnNEL ABSENT COUNCILNEN Breme r NOES COUNCILMEN None AYES COUNCILNEN Drohan Fanning Hoffmire Strawbridge Question on Ninutes {fl06 City Council the motion \vas ca lIed for and unanimously passed -5- 10 April 1967 The City Engineer agreed should be denied uith Moved by Strawbridge, seconded by Fanning, that the claim of Mr. and be denied and the matter referred to the City's insurance carrier. the opinion expressed by the Attorneys that the claim Ita ymond Noe I Hrs The Deputy City Attorney advised that claim against the City had been and Mrs. Raymond D. Noel, 34 Reed Ranch Road, as of this date and it the Attorneys that the claim be denied and the matter referred to the The City Attorney stated the claim was in the amount of $60,000 for have occurred by reason of allowing waters to be collected and that caused the damage to their home at 34 Reed Uanch Road insurance carrier damages claimed to improper drainage filed by Hr. was the opinion of Claim Hr and Mrs Ra ond D Noel The Chair directed that the City s insurance carriers be notified of denial of the claim ABSENT COUNC ILMEN Bremer NOES COUNC ILMEN None AYES COUNCILI1EN Drohan Fanning Ho f fmire Strawbridge Moved by Fanning, ~lners Association be seconded by Drohan, that the claim denied unanimously passed The City Attorney tion, filed against recommendation that matter and was not stated the it that City a be rejected responsible for the claim of month as of the Belvedere ago, Has before it tlas be I ieved damages that might the the have the Belvedere Lagoon Property Lagoon Property O~-1ners Assoc ia- Council with the City Attorney' City had no liability in the occurred s Claim The Cha ir Council, standing candidate Belvedere that in Inc., invited Senior Citizen of had won last stated he to press 1967 year's from aHard response the O~lners the request and TPAC to this area Association of the Marin Senio~ submit suggestions for noting that Agnes Kircher, Coordinating naming an Out- Tiburon's Outstandin --- Citizen of the Year ABSENT COUNC ILMEN Bremer NOES COUNCILMEN None AYES COUNCILHEN Drohan Fanning Hoffmire Strawbridge Question on Mr. and to park sion of by the Tom that the Belton "las recognized and suggested that all parking on Main a continuous "yel1m'1" zone be made available to allow residents for 10-20 minutes, eliminating all-day parking on the street. As Juanita Lane Mr. Belton suggested "Dakin" as a name for the nel1 extension motion ~las called for and unanimously passed Street the be eliminated opportunity for the exten- street created Moved by Strawbridge, seconded by Drohan study the extension of Juanita Lane Strawbridge w year to get way r suggested the Council .....Lout authorizing the City Manager to foot of Tamalpais Street. The not be required; that the for preliminary work that an engineering street extensive the drainage study be authorized engineering studies study 110uld be adequate to inquired u nde r make City Engineer topographic map stated used for nOH Nain as a (1) supplemental studies on a appropriate Street to budget engineering funds pedestrian mall The for this City Manager arrangement for parking, (2) linking Juanita Lane with the '\'1ou1d Main Street Mall ABSENT COUNCILMEN Bremer NOES COUNCILl'fEN None AYES Hinutes 1frl06 City Council COUNCILMEN Drohan Fanning -6- Hoffmire Strawbridge 10 April 1967 llinutes #106 City Council -7- 10 April 1967 Question 'I:-Jas called for and motion unanimously passed AYES: COUNCILMEN: Drohan, Fanning, Hoffmire Stratlbridge NOES: COUNCILMEN: None ABSENT: COUNC TUtEN: Bremer Downtown Parking - Railroad Property The Chair reported that ~Jith the channelization project in progress, entrance to the parking area on railroad property near the ferry slip had been closed and he had written the railroad requesting that a new opening be made but that by continuing to allow existence of the parking lot the City would not deem this prevented the use of the pro- perty for any other purposes in the future. The City Engineer suggested this entrance be placed 150' further uest than the present opening made by "vigilantes" and that it would be necessary to go to the Division of Highways for approval to put some surfacing over a new entrance. Fanning also suggested that a pedestrian entrance and exit space be provided nearer the ferry slip. The Chair directed the City Engineer to seek the approval of the Division of Highways for this vehicular opening to the lot, after which he would contact the railroad officials. Mr. Tom Belton tJas recognized and requested that this permanent entrance be signed. Main Street Mr. Tom Belton was recognized and repeated his request for temporary (10-12 minute) parking on Main Street during weekdays, adding that no parking should be permitted on Nain Street on Heekends. In connection with the opening of the Yachting Season on Hay 7th , the Corinthian Yacht Club had requested that parking be eliminated on Main Street. The Chair stated the Public Services Committee would look into this and asked Hr. Belton to have the request put before the Council in writing. IX. AD JOURNHENT There being no further business the meeting was adjo~rned at 10:30 P.N ..~---...- Approved by the City Council on , " 1967 - HAYOR Ninutes #107 CITY COUNCIL 2l} April 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 8:16 P.M. on April 24, 1967 in the City Hall Council Chambers. II. ROLL CALL PRESENT : COUNC IU1EN: Drohan Bremer Hoffmire Stra\'1bridge ABSENT: COUNC ILMEN: Fanning EX OFFICIO: Lawrence D. Rose, City Manager Phil V. Scott, Development Administrator Robert I. Conn, City Attorney Ray W. Foreaker, Jr., City Engineer Louis Brunini, Superintendent of Public Works Samuel Shapero, City Treasurer III. APPROVAL OF MINUTES Moved by Strawbridge, seconded by Bremer, that Minutes #106 for the meeting held April 10, 1967 be approved as submitted. Drohan I s question llhether a motion 'Has actually made in connection Hith the lease of a public works headquarters site, as recorded on page 3 lst paragraph, was answered affirma- tively by the Chair. The question was called for and motion unanllnous1y passed. IV. EXTRAORDINARY BUSINESS In accordance with Resolution No. 12 requiring that in the off-years between regular municipal elections the City Council shall, on the second meeting in the month of April, select a Mayor and Vice Mayor to serve until the following April, Mayor Hoffmire withdrew from the Chair signifying the conclusion of his present term of office. The City Manager-City Clerk then occupied the Chair for the purpose of receiving nomina- tions for Mayor for a one-year term. Moved by Strawbridge that John S. Hoffmire, Jr. be nominated as Mayor. The Chair announced no seconds would be required, and hearing no further nominations, declared the nominations closed. Moved by Strawbridge, seconded by Drohan, that a unanimous ballot be cast for John S. Hoffmire, Jr. to be elected as Mayor for a one-year term expiring in Ap~i1, 1968; motion passed: AYES: COUNC ill.IEN: Bremer, Drohan, Strawbridge NOES: COUNC ILMEN : None ABSTAINING: COUNCILNEN: Hoffmire ABSENT: COUNCILI1EN: Fanning Mayor Hoffmire then assumed the Chair, thanking the Councilmen for the expression of confidence, and declaring nominations open for the office of Vice Mayor. Moved by Breme r , seconded by Strawbridge, that Thoma~ E. Drohan be nominated to the office of Vice Mayor. There being no further nominations, the Chair declared the nomina- tions closed. I'loved by Hoffmire, seconded by Bremer, that a unanimous ballot be case for Thomas E. Drohan to serve as Vice Mayor for a one-year term expiring in April 1968 motion passed AYES: COm!CIU1EN: Bremer, Hoffmire, Strawbridge NOES: COUNCILHEN None ABSTAINING COUNCILMEN Drohan ABSENT COUNCILMEN Fanning Ihe Chair announced authorizing the lng receipt of hope that Lld 1, 000 signatures names before that in order to expedite the commencement of proceedings--the the Planning Commission's for the it is report petition asking for filed with the City next step--adopting a resolution City Council would meet on May 1 fo1low- on that date. The Chair expressed the an election would contain between 800 The Chair also stated that an election Mr. David Dooley, Eagle Rock resident culated for a short time only and the ~esidents desiring to become annexed residents of the unincorporated areas him to publicize the benefits derived \Vas 57 to names the City. To generate Mr. Dooley invited Tiburon from incorporated status recognized stating thereon were the petition had been cir- only representative of many further interest among citizens to work with On behalf of the Council the Chair accepted the tion for this evidence in support of annexation. Mrs. Florence DeGeller was a petition bearing the names of ing permission to commence proceedings required Tiburon Peninsula described in the City's Agency Formation Commission Strawberry resident, of 57 residents petition recognized and presented to the surrounding unincorporated areas to annex the unincorporated areas annexation petition approved by the Local expressing the City s apprecia- Council request- of the T'e t it ion Noting numerous persons in the audience, the Chair declared the order of business the audience to Commence Annexation Proceedin s and there being no objection from the Council, revised to open the meeting for questions fram VI There being no objection regular meeting SUSPENSION OF ORDER OF BUSINESS the Chair declared The Chair suggested that introduction of an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON REGULATING THE REMOVAL, PLA~ITING AND MAINTENANCE OF TREES, SHRUBS AND OTHER LANDSCAPING UPON CITY PROPERTY A~ID THE STREETS OF THE CITY OF TIBURON be deferred for two weeks to allow Parks and Recreation Commission's Chaillnan an opportunity to first comment on its provisions the matter continued until the next REGULATION OF REMOVAL Introduction PLANTING AND MAINTENANCE OF TREES AND LANDSCAPING ABSENT COUNCILNEN Fanning NO:!::S COUNCILHEN None AYES Moved by Strawbridge passed first reading COUNCILMEN seconded by Bremer unanLmous1y passed Bremer Drohan Hoffmire Strawbridge that the ordinance be considered to have Title \'las so read by the Chair ABSENT COUNCILMEN Fanning NOES COUNCILMEN None AYES Moved by Bremer, seconded by Drohan title only unanimously passed COUNCILMEN Bremer Drohan Hoffmire Strawbridge that The City Manager recommended adoption to provide the City Manager authority to act in the summary abatement of nuisances constituting a clear and immediate danger to public safety. such ordinance be introduced and read by On behalf of the Public Services Committee, Bremer presented bill dated April 14, 1967 introducing AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDII~NCE NO. 59 PRO- VIDING FOR PERSONAL LIABILITY FOR ASSESSMENT LIENS, PROVIDING FOR METHOD OF ABATE- HENT AND PROVIDING FOR THE SUI~1ARY ABATEMENT OF NUISANCES SlJMM}~RY ABATEHENT OF NUISANCES Introduction and First Reading l1inute s tA107 City Council V ORDINANCES -2- 2l:. April 1967 The Chair By bill dated April 14, 1967 the was conveyed in response to the on what contingent liability, property inflicting damage on directed that the opinion of the City Attorney be accepted opinion of the Council's request if any, might exist either public o~ by reason other private City Attorney, on March 13, of property dated April 5, 1967 1967 for an opinion slides on private LIABILITY FOR SLIDE D~~GE A short recess was declared by the Chair the meeting reconvening at 9 17 P.M ABSENT COUNCILHEN Fanning NOES COUNCILNEN None AYES On behalf that the tion that assuming the job might qualify for with the Division of COUNCILHEN of the subject Drohan Lands and Development Committee, Drohan moved, seconded by Bremer, be referred to the Parks and Recreation Commission with the indica- functional aspects of this planning could be underscored, the State Tax funds, but in any case a check would be made the plan has been completed unanimously passed Bremer Gas Highways after Hoffmire Strawbridge 1967, it was reported thau 13, 1967 Council and Recreation Commission's landscaping along considered, the question was as to whether State Gas not be available if the landscaping could be construed as llfunc- State's definition. Included in the report were the opinion of April 6, 1967, the City Engineer's comments on the definition s recommendation that the matter be referred to the Parks and for their consideration in preparing a budget for such 1and- the City Attorney of and the City Manager Recreation Commission scaping By bill dated April 14, meeting when the Parks Tiburon Boulevard was Tax monies might tiona1" under the at the Harch proposal for raised DEFINITION OF FUNCTIONAL LANDSCAPING The gating the a pub1 ic \oJorks meeting to Chair announced tol i th that as appointed at Superintendent of Public headquarters, and ordered receive his report IN RE EXPENDITURE OF GAS TAX MONIES the last Horks some the matter meeting 12 to Drohan has been 15 alternative sites continued until the next regular investi- for LEASE OF PUBLIC HORKS HEADQUARTERS SITE VIII Mr. Samuel Shapero, Corinthian Yacht Club member dents to join in celebrating the occasion. MINUTE ORDERS was recognized inviting all res i- ABSENT COUNCILNEN Fanning NOES COUNC IU1EN None AYES Moved by Strawbridge, seconded by Bremer, that Resolution No. 144 be adopted, a P~SOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON PROCLAIMING YACHTING TJEEK IN THE YEAR NINETEEN HUNDRED AND SIXTY-SEVEN unanimously passed COUNCILMEN: Bremer Drohan Hof fmire Strawhridge AND WHEREAS ing by in Raccoon craft;" By bill dated April 6) 1967) the Chair read in full a Council proclaiming Hay 1-7, 1967 as llYachting lleekll resolution by adding the following to the fourth pa said Corinthian yacht Club will have th Straits for the in review r a the said PIlOCLANATION Resolution No IN RE YACHTING 144 before lVEEK On behalf of the Council, be immediately referred to VII the Chair then ordered the petition accepted and directed the Planning Commission RESOLUTIONS on the proposition could be held in mid-October, the first week in November if the election were with the proceedings successful. it to Hinutes 4/:107 City Council -3- concluded during 24 April 1967 Moved by Strawbridge seconded by Drohan adopted unanimously passed By bill Brannon has Sheriff Robert :lal ter Barner noted that Deputy Brannon was the City Manager's Deputy Brannon on Mountanos that the City Manager s recommendation be recommendation this occasion and dated April 18, 1967, Lt. George Barne requested and received a transfer .1. transferred is on being the original that the Council commend him to to staff reported -Crom the to Louis Euge ne Deputy It was nd it l.Jas P TRANSFER OF SHERIFF J S PERSONNEL The been As two of speak to Chair noted this appeal continued from time to the the appellants matter the x vlere known Chair declared originally before time since that REPORTS with to be out the the matter the date of on January 17, 1967, had consent of appellants. city and no one was present to continued Council the APPLICATION FOR USE PERMIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE BETHEEN TIBURON BLVD. AND MAR Weinberg and Demaurex et al Applicants EAST ting the the City letter to the promotion of Manager the DOlr.....,.....".... IX APPEAL u. by the Board of 1rectors Yachting lveek and complimen- leadership. The Chair directed resolution, and also to direct a thanking them for their cooperation in passed of a The Chair directed the City Manager to acknouledge the Chamber them for their interest in downtown development s letter and thank ABSENT COUNCILMEN Fanning NOES COUNCILMEN None AYES Moved by seconded by Commerce resolution; that llarded to Planning Commission unanimously passed COUNCILHEN Drohan, for its the Bremer Strawbridge, that the City Council thank the Chamber it be placed officially on record and be for- in conjunction l~ith the Downtown Sketch Plan; Drohan Hoffmire S tral.Jbr idge dated 18, April 8, was had endorsed in principle tion of flooding and also tion with an office building By bill dated April 1967 complex 1967, letter of the Tiburon Peninsula Chamber of Commerce conveyed informing the Council that the Chamber's Board construction of a waten-Jay to Raccoon Straits for al1evia- recommending that a parking district be formed in conjunc- of BUSINESS DISTRICT IMPROVEMENTS Recommendations of Tiburon Peninsula Chamber of Commerce The Chair then directed the matter and take any action need for expediency in order to take appropriate action if City Attorney and City Engineer to investigate the th3t is necessary, informing the Chair of any special that a special meeting of the Council might be called necessary Bremer questioned might not be should not eluding a whether covered by the be alert to the claim any potential claim owner's insurance danger of letting the City might have against policy and, secondly, whether the statute of 1Unitations run the the pre- owne r City responded the m~ner working with the an exchange of property which the slide. The Chair volunteered to magnitude of the corrective work--over abatement proceedings at this time to Otlner correct ive l'lork on the owner and in view of the cautioned against employing Hight-Jays to do again contact $100.000-- Drohan recalled that tion with the slide vate property owner tions several months of and the the question of at Red Hill and to remedy the he had ago railroad the City's inquired t"hat situation~ The learned effect liability had been had been steps Chair toJ a s State Division llou1d al10vl the raised taken by that in in connec- the pri- conversa- Hinute s iF 107 City Council -l~- 2l~ April 1967 letter of Thomas P. in demolishing a danger to the residence was slide-damaged April 20, 1967 read become an attractive to the Committee dated April 18 in~ corrective Leonard Bjorklund, Jr race requesting the City to the ~ home Reed Ranch Road, which safety of the DeMunds whose home is immediately below Letter of The Reed1ands Property Owners Association, Inc. requesting that the subject residence be removed as it might nuisance. A letter addressed by the City Manager on April 24, 1967 on Public Services presented the Staff findings on the matter. Letter 1967 from Mr. Gardiner T. Baldwin, 38 Reed Ranch Road, was read request- measures be taken to utility maintenance on the easement stated the of Bremer presented for Mr. and Mrs diate action constituted April 19, DeMund, 39 aband"'ned from Mr. A Court, at 34 , take it was attorney imme - Slide and Damage to Residence at 34 Reed Ranch Road The Chair directed the of Harch 1967 accepted XI UESTIONS Tiburon Police and Sheriff Station"s TI3URON POLICE AND SHERIFF STATION Month of March 1967 report for the month Honthly meeting financial reports uere delayed and 'Hill appear on the agenda for the next TREASURER, a committee, or consolidated It was the sense of the Council Supervisors' statement at this as look into CITY MANAGER to v ievl s that no action time. The the matter Chair and report should be taken on the requested Drohan and to the Council Santa Clara Stral-lbridge, their respective ~as recognized and stated she Radio Station KCBS the substance recognize regional problems and to regional government Senator's remarks be need to an approach copy of the before obtained the the from remarks resolution proposes a Legislature in 1969 th~ station to bring suggested Miss Anne Ellinwood interviewed over had heard of his Senator McAteer being there study She being is Drohan expressed agreement Strawbridge stated Ateer's resolution l'lith a ABAG plan parks the position of Santa Clara regarding taxation endorse 1-1/2 He limits and the Santa to 2-year stated Mc- not for By bill pared by the The City l1anager in is (1) that regional government, if it is agency is necessary, be limited in function; (2) consolidation and cooperation among existing local goverruments is preferable to regional government where service or control llould be limited in scope; (3) Association of Bay Area Governments (ABAG) should perform only as a regional planning agency and its executive committee should be reorganized to better reflect the population of member jurisdictions. The City Manager reported that Senator McAteer has introduced in the Legislature a resolution which proposes an interim study be made of the establishment of a regional government, distinguished from ABAG. The City Manager pointed out that while ABAG is making an approach toward regional government, the omission of representation from powerful special districts, including school, water, and sanitation districts, raised the question of its being truly "regional government" stating the Santa Clara approach might at least examine the broader aspects dated April Board 18, 1967, a statement of Supervisors stated that of policy on of Santa Clara County was substance the position of demonstrated that put the such pre- Council Santa Clara Board government be fore the regional STATffi1ENT OF POLICY ON ESTABLISID1ENT OF REGIONAL GOVERNMENT ABSENT COUNC IU"1EN Fanning NOES COUNCILl1EN None AYES Minute s if 107 City Council COUNCILHEN Bremer Drohan -5- Hoffmire Strat-1bridge 24 April 1967 ABSENT COUNCILMEN Fanning NOES COUNCILMEN None AYES COUNCILHEN Bremer Drohan Hoffmire Strawbridge Strawbridge moved, seconded by Bremer, that and City Engineer to investigate emergency they be authorized to take any reasonable the Council authorize the Mayor, remedial action for the situation steps to alter it unanimously passed City Manager and that offered better to authorize of pumping and see of the Council that drew the amended this motion the the if it opinion that instead of Mayor, City Manager and is feasible for the City was a preferable approach spec if ic City Engineer to undertake it. it Drohan--with Bremer's authorization, to explore As it mi the r 't~as th consent- -~17 ith- be nossibility e sense Strat-1bridge The City Engineer to someone v7ho be included in suggested could the that supply both motion should it prove better for the City to contract the job pump and manpower provision for this alternative might The City Manager suggested that the motion the pump; and Drohan, with Bremer's consent, be extended to the City Manager to employ the pumping installation include amended casual authority to employ personna1 the motion by adding that personnel required for to man authority manning the The Chair suggested engineering help if he Bremer stated he would preferable. The City Engineer with an authoratitive course of an obligation to protect themselves removing only enough material to make surface waters should be undertaken by additional a few days Chair was soils come up He suggested the property owners have mitigate any danger suggested retaining walls-- decent retaining device--and removal of excess the property owners Bremer seconded Drohan s motion a amending deemed second action to the it the stated motion to necessary motion but a downhill and authorize the City Engineer report to the Council the "approach suggested by could not in a few days and to felt engineer to seek \vithin the Drohan moved that the City Engineer be authorized to relieve waters draining onto the Noel property The \\1aters at this had not Chair was time done and even enough asked the to the City Engineer solution, the Ci soils the \-lork how ty engineer to determine what important Engineer to relieving the storm responding he could not retained by one of owners was causing the install the slide a pump at drain of give the catch basin flooding an opinion stated that he To out again the homeowners might Engineer pointed out hour daily should the ning of the maintenance undertake City pump excess draining on the subject properties that as City has no responsibility for this undertake the pumping operation as a community project. The City the difficulties involved in obtaining proper equipment with 24- and mentioned the position of liability that would be involved the project and there be a failure in either equipment or man- the the suggestion Chair that the stated waters the be pumped storm drain Hr. Samuel Shapero, City Treasurer, was recognized Engineer's opinions, but to give the property owners the Council might consider extending authority to the consultation if desired stating he had confidence the benefit of an City Engineer to in the City impartial opinion obtain outside The Chair addressed Mr. he would have no comment Raymond to make Noel, on the owner of 34 Reed Ranch Road advice of his attorney. D Hr. Don Tayer, President of The Reedlands Property Owners Association, Inc., was recog- nized confirming the statements expressed in the Association's letter previously read. Mr Noel responded Mr. Thomas DeMund, demolished promptly 39 Terrace Court Dr. Wendell Carlson, 38 Terrace Court problem which affected his property was recognized asking that the abandoned home be was In answer to Bremer's question, the City Engineer stated it was quite common for County not to accept storm drains constructed outside the public rights-of-way the responsibility to the private property owners recognized and spoke regarding the slide the leaving Minutes 1tl07 City Council -6- 2l~ April 1967 Drohan stated he understood that the special meeting of the Planning Commission on April 27th would take action on election of a new Chairman_ and he suggested that it might be with the Planning Commission's Chairman r in reporting back to the Council on ~v...,.L.1.l ...n...ng the Plan returned to the Council with suggested that an extension be granted to June 30th s report. There being no objection, the Chair directed of the report extended to June 30th, or sooner if possible letter conveying this extension should also inform the al:;7are of the herculean task it is performing and being expended by the Commission Plannin Director Drohan suggested that the Commission that the Council is appreciative of the time and effort Drohan ing the for Plan. In order unanswered he Commission reported on need faster questions for receipt of the time for submission the some Pro Tern concern- Downtown Sketch left Downtown Sketch Plan the City Engineer was working with at Tiburon Boulevard opposite Reed District. Anne Ellinwood was recognized, and to the City of Larkspur and the County. said the participation bet';veen the parties The Chair a crossing stated guard Hiss the Reed School, in referring situation had been School as District on requested by the to similar requests made resolved by a SO-50 supplying School Crossin Guard at Reed School ABSENT COUNCILMEN Fanning NOES COUNCILMEN None AYES by Hr. Rampton mously passed Moved of COUNCILMEN Strawbridge, tv Harvey Bremer seconded by Bremer, that the Council confirm to the Planning Commission to'serve until Drohan Hoffmire Strawbridge the Mayor's appointment June 24 1968 unani- At ll:39 P.M., the ment of Mr. Rampton Planning Commission City Council reconvened. The Chair announced with pleasure the appoint- W Harvey to serve the unexpired term of ~lr Stephen H Nash on the A The Chair declared the City Council adjourned at 11:33 P.M. to Executive Session to discuss a replacement for Mr Nash on the Planning Commission ointment of P1annin Commission Member in order The Chair behalf of has performed as the token of appreciation, be presented to Nash to Mr Nash to expressed the XII that Mr. Council, to Mr. Nash Planning Commission's it was the sense of and a letter this gift Mr. accompany disappointment extended EXECUTIVE SESSION Council encompassing the could not appreciation Chairman over the past the that the Chair's Nash the i r three City's remarks at te nd for this the meeting and on monumental job he years. As a first emblem should should be addressed The Chair then read letter dated Nash in which he stated Planning Commission and April 24, obligations of his regretfully submitting his 1967 addressed work would to the Council by Mr. Stephen H prevent him from continuing on the resignation as of this date Resignation of Plannin system under its him Manager reported that he this date in which the The City Bagley on ment to the Brown Act to which which the Council appreciation to by the City on the Assemblyman the matter Commission Chairman had received a telephone call from Assemblyman William Assemblyman advised he had withdrawn AB-245, an amend- the City objected as it would eliminate the committee operates. The Chair requested the City Manager to express for his attention to the communications addressed to Le islation The City Engineer again emphasized circumstances to the best of their owners should get together and with Works in attendance. should to Arne nd Brown Ac t the cooperate in the need for property owners to mitigate the ability. Drohan agreed, stating the property City Engineer and Superintendent of Public a plan to relieve the situation Minutes 11107 City Council -7- 24 April 1967 Minutes 1;107 City Council -8- 24 April 1967 advisable to encourage the Commission at that time to consider hiring a planning director-- at least on a part-time basis. "701" Application Straubridge questioned Item 10 on the Suspense Calendar ("701" Application), and the City Manager noted the Council had referred the matter to the Planning Commission. The Cha ir suggested that the Development Administrator, as the Commission's Secretary, place the item on the Commission's agenda for disposition. Telephone Rate Increase Hearings Miss Anne Ellinwood was recognized stating that early in January when the telephone com- pany first presented its application for rate increases to the P.U.C. she had suggested the Council act jointly with other Marin cities in expressing its opposition and felt such action should be taken nou if it had not already been done. Mr. Peter Tibbetts, Pacific Telephone Company representative, was recognized urging that the Council and citizens follO'\-7 reports on the hearings and in communicating to the P. U.C., the City might indicate its approval of fair rate treatment with the understanding that improved calling areas would result. He felt a letter from the Council, properly expressed, would show the community's interest and indicate what it was willing to pay for. Brown Act Amendment Miss Anne Ellinwood stated that Assemblyman Bagley had introduced an amendment to the Brown Act permitting annual executive sessions in order to evaluate personnel, and if the Council agreed with its merits, suggested that they express support of the bill. The City Manager was recognized, referring again to the phone conversation with the Assemblyman, and stated Assemblyman Bagley had infol~ed him he was dropping all amendments to the Brown Act for this legislative session. XIII. ADJOURNMENT At 11:57 P.M., the Chair declared the meeting adjourned until May 1 1967 Approved by the City Council on ~'~ 1967 - . ( .-tL'-/ / '.' / i (. , , j, ~ MAYOR OF THE CITY OF"TIBURON Hinutes 4f108 CITY COUNCIL 1 May 1967 CITY OF TIBURON I. CALL TO ORDER ~e~~C of the City Council, City of Tiburon, State of California, was called to order by j John S. Hoffmire, Jr. at 8:15 P.M. on May 1, 1967 in the City Hall. II. ROLL CALL PRESENT COUNC ILMEN: Bremer Hoffmire Strawbridge ABSENT: COUNC ILME N: Drohan Fanning EX OFFICIO Lawrence D. Rose, City Manager CONSENT TO THE COMMENCEMENT OF ANNEXATION PROCEEDINGS Upon receipt of Planning Commission Resolution No. 20 recommending that the City Council consent to the commencement of proceedings for the annexation to the City of certain unincorporated lands on the Tiburon Peninsula proposed for annexation on April 24, 1967, City Council Resolution No.145 consenting to the commencement of proceedings pursuant to the provisions of the Annexation Act of 1913 was introduced and read in full. Motion by Bremer, seconded by Strawbridge, that Resolution No. 145 be adopted unanimously passed: AYES: COUNCILMEN: Bremer, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Drohan, Fanning SPONSORSHIP OF LOCAL TRANSIT SYSTEM EXPERIMENT The City Manager informed the City Council of discussions which had been held with re- presentatives of the Tiburon Peninsula Chamber of Commerce and the Main Street Merchants Association relative to the possibility of a short experiment in operation of a local transit system to increase the convenience of shoppers and businessmen in the downtown waterfront area and to relieve some of the demand for o~f-street parking in certain sec- tions of the district. It had been determined that a motorized cable car could be leased for a two-week period, commencing June 5, 1967, operating Monday through Friday only, at a total cost of $1225. The City Manager stated he had reason to believe that $600 of the cost would be privately subscribed and that the Chamber of Commerce would contribute $150 and the Main Street Mer- chants Association $150. If the City allocated $325, the balance would be made up and the program could be attained. The Chamber and the Association recommended that the operation commence at 12:30 each day, concluding at 6:00 P.M. at night with an outboard run on Tiburon Boulevard carrying commuters from the ferry and disembarking them along Tiburon Boulevard. The Chair proposed that consideration be given as well to occasional runs to the Straw- berry Shopping Center in an effort to link the two business districts in some comple- mentary exchange of patrons. Motion of Bremer, seconded by Strawbridge, to sponsor the experiment on the terms set forth by the City Manager carried unanimously: AYES: COUNCILMEN: Bremer, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNC ILMEN: Drohan, Fanning ADJOURNMENT There being no further business the meeting was declared adjourned at 9:15 P.M. Approved by ~4tkflinl/j on 1967 , ( ". ., ./ . "',r, "-'" (, MAYOR OF THE CTTY OF TIBURON Fanning presented bill dated May 2, 1967 putting before the Council for introduc- tion and first reading an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.5 BY AMENDING SECTIONS 10.35, 11.8(a)2(A), ll.14(a)7(C) 11.26(a)1(B) (p.48A), ll.26(a)1(B) (.49), BY ADDING SECTION lO.475 TO AND BY DELETING SECTION 10.7 FROM. MARIN COUNTY ORDINANCE NO. 264. ADDING DEFINITIONS OF HOTELS AND Introduction and First Reading MOTELS TO Z ON ING 0 RD INANC E ABSENT COUNCILMEN Drohan NOES COUNCILMEN None AYES COUNCILMEN Bremer, Fanning Hoffmire Strawbridge The question was called for and motion unanimously passed Fanning questioned whether the designating that proceeds from which were in excess of cost The Deputy City Attorney and it was not necessary of stated to make second paragraph of sale or salvage of abatement would be the property owner specific provision Section 9.1 was explicit in material procured from abatement returned to the property owner would receive the difference in the ordinance Moved by Strawbridge, seconded by Bremer, have passed second reading and be adopted that Ordinance No 77 be considered to Title was so read ABSENT COUNCILMEN Drohan NOES COUNCILMEN None AYES Moved by Bremer, seconded by Strawbridge unanimously passed COUNC ILME N Bremer Fanning Hoffmire Strawbridge that Having passed first reading on April 24, 1967 OF THE CITY OF TIBURON AMENDING ORDINANCE NO. FOR ASSESSMENT LIENS, PROVIDING FOR METHOD OF ABATEMENT, S~~ARY ABATEMENT OF NUISANCES came on for second reading the ordinance be read by an ordinance entitled AN ORDINANCE 59 PROVIDING FOR PERSONAL LIABILITY AND PROVIDING FOR THE and adoption title only SUMMARY ABATEMENT OF NUISANCES Second Reading and Adoption Ordinance No. 77 Moved by April 24, submitted IV Strawbridge, seconded by Bremer, that Minutes #107 for the regular meeting held 1967 and Minutes #108 for the special meeting held May 1 1967 be approved as unanimously passed ORDINANCES III APPROVAL OF MINUTES Lawrence Robert I. Richard H. Louis Brunini, Samuel Shapero . Rose, City Manager Conn, City Attorney Breiner, Deputy City Attorney Superintendent of Public City Treasurer t-lorks EX OFFICIO D ABSENT COUNCILMEN Drohan Bremer Fanning Hoffmire Strawbridge PRESENT COUNCILMEN II The regular meeting of the City Council of called to order by Mayor John S. Hoffmire Hall Council Chambers. ROLL CALL the City of Tiburon, State of Ca1Hornia, was Jr at 8:10 P.M on May 8 1967 in the City I. CALL TO 0 RDER Mit'..ute s 4ft 1 09 CITY OF TIBURON CITY COUNCIL 8 Hay 1967 Hoved by Bremer Raymond D. Noel cause why their sance and steps seconded by Fanning, that an Order to Show Cause requiring them to appear before the City Council residence at 34 Reed Ranch Road should not be taken to abate it unanimously passed be sent on May 22 condemned as to Mr. 1967 public a and Mrs. and shm- nui- Fanning stated he felt a appeared the owner would this the remove the house at interval the greater time limit should now be not initiate action; and time and it must ultimately be cost will be to the City. set for removal stated that if done by of the house as it the owner elects not the City the longer to the The was was 0\'1 ne r were Chair stated he interested had referred to the in purchasing the house again recognized and stated that stated he was taking no action no plans to remove the house in owners last week an for salvage and move in a conversation with on advice of his attorney the foreseeable future inquiry from someone who it from its site. Mr. Origlia the owner this date, the and Mr Orig1ia felt there The Chair recognized Mr. 37 Reed Ranch Road, who presented a May 8, 1967 addressed to requesting the City Council to take prompt in removing the dwelling at Ranch Road, condemned by the City on March 16 Mr. Orig1ia stated he was being transferred to the east coast and the presence of damaged house opposite his residence was adversely affecting the sale of his home as presenting an "attractive nuisance" dangerous to children of the neighborhood. requested the Council to (1) describe the nature of the remedy, (2) define the time which such remedy is to be effected, (3) to set such time as close to the present as possib1e--not to exceed 14 days and (4) issue an order to the owners to comply G. J. the Mayor 34 Reed Orig1ia and letter dated action 1967. the as well He by Request for Demolition of 34 Reed Ranch Road Condemned Property There being no objection, the Chair directed statement from the audience the order of business suspended to receive a v SUSPENSION OF REGULAR ORDER OF BUSINESS The Chair then directed that public hearing on the matter be set for May 22 1967 ABSENT COUNCILMEN Drohan NOES COUNC 1LME N None AYES COUNCILMEN Bremer Fanning Hoffmire Strawbridge The question was Strawbridge City Attorney rooms to 6 or ~'1orded to cover of under 6 guest cribed under the questioned the basic difference in the two definitions, the Deputy replying that "motel" definition does not limit the number of guest as does the "hotel" definition and the motel definition \'1as transient-auto guest. To Bremer's question on how operations categorized the City Manager replied these were des- mo re , the rooms called were building code for and motion unanimously passed Moved by Fanning, seconded by Bremer passed first reading that the ordinance be considered to have Title was so read by the Chair ABSENT COUNCILMEN Drohan NOES COUNCILMEN None AYES Moved by Fanning, only unanimously COUNCILMEN seconded by Strawbridge passed Bremer Fanning Hoffmire Strawbridge to be ~'1e r e 2-1/2 Minutes #109 City Council that the ordinance be read by By this report the Development Administrator stated the City Council its concern over the possibility of a motel converting to apartment versa, and had referred the matter to the Planning Commission, proposed ordinance which the Commission recommended be adopted Administrator suggested the ordinance might be referred to the in the new Zoning Ordinance, and noted that if September this amendment ~'1ou1d only have -2- included adopted in months had use, or resulting in The Development planning consultant the Zoning Ordinance an effective life of 8 Hay title expressed vice the 1967 Hinutes 11109 City Council -3- 8 May 1967 AYES: COUNCILMEN Bremer Fanning Hoffmire Strawbridge NOES: COUNCILMEN None ABSENT: COUNCILMEN Drohan VI. RESOLUTIONS OP~ER TO SHOW CAUSE RE WEED ABATEMENT No. 4 East Terrace Resolution No. 146 By report of the Development Administrator dated March 28, 1967, proposed resolu- tions were placed before the Council concerning abatement of weeds at No. 4 East Terrace, as requested by the Alto Richardson Bay Fire Protection District and discussed at the March 27, 1967 Council meeting. It was noted that at that meeting an attorney representing the absentee-owners of the property had indicated by letter dated March 24, 1967 that the owners intended to comply with the City's request that weeds on this property be removed. The Chair declared the public hearing open. The City Manager presented memorandum of the Development Administrator dated May 8, 1967 stating that an inspection made this date found no visible evidence of intention on the part of the owners to abate the public nuisance and, further, that the Development Administrator had re- ceived no communication from the owners indicating they intended to comply with the order to abate. There being no persons present to speak to the matter, the Chair declared the public hearing closed. Moved by Strawbridge, seconded by Fanning, that no protests having been received, Resolution No. 146, A RESOLUTION OF THE CITY OF TIBURON DECLARING A PUBLIC NUISANCE AND ORDERING ITS ABATEMENT, be adopted; unanimously passed: AYES: COUNCILMEN: Bremer, Fanning, Hoffmire, Strawbridge NOES: COUNCIL:HEN: None ABSENT: CO UNC IU"'1EN : Drohan The City Manager stated the Superintendent of PUblic Works and the Alto Richardson Bay Fire District tJou1d be asked to perform the work and if unable to do so, bids would be solicited and presented at the next meeting. The Chair directed the City Manager to call the Sacramento attorney representing the owners and inform him of the action taken. CONSENT TO THE CIRCULATION OF ANNEXATION PETITIONS Resolution No. 147 Strawbridge presented bill dated May 2, 1967 conveying a resolution consenting to the circulation of petitions for an annexation election to be held to annex certain unincorporated areas of the Tiburon Peninsula to the City. It was noted that with the adoption of this resolution of consent, petitions may be circulated on May 24, 1967, being 21 days following the publication of Notice of Intention which t~as filed on Hay 3, 1967. Moved by Strawbridge, seconded by Fanning, that Resolution No. 147 be adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ACKNOWLEDGING RECEIPT OF A NOTICE OF INTENTION TO CIRCULATE ANNEXATION PETITIONS. The City Manager stated that affidavit of publication of the Notice was before the meeting for inspection. The question was called for and motion unanimously passed: AYES: COUNCILMEN: Bremer Fanning Hof fmire Strawbr idge NOES: COUNCILNEN: None ABSENT: COUNCILMEN: Drohan PETITION TO ACCUMULATE 186 GAS TAX FUNDS R" ,:;Olution No 148 NOES COUNCILNEN None AYES Moved by Fanning, seconded by Strawbridge, that the recommendation of the Planning Commission be nccepted at this time unanimously passed COUNCILHEN Bremer Fanning Hoffmire Strawbridge application Fanning inquired whether the office, as suggested at the and '17ould nmv advise them of Staff last had meeting, and whatever action staf-"'d the Fanning presented bill dated May 2, 1967 and the Planning Commission's recommendation remain as it is for the time being with the containing Mr the that State . George City's Office of Gatter's comments "701" application Planning. 701 APPLICATION The Chair then directed the matter possibility of a maintain a private continued to the next regular meeting The Chair operating has expressed dent to Hhich 'tvillingness further investigate 't17ould alloy] the City stated the local representatives Tiburon Oceanographic to make the to of Center the site available; road the U. on the coming entrance if S. Department of Interior, former Naval Net Depot site, and directed the Superinten- off Paradise Drive the site were chosen tion yard Strawbridge expressed inaccessible location the opinion that the Net Depot was the most impractical and possible and he could never vote for this site as a corpora- Hrs. occurred at being moved hazardous at Elizabeth the over this St. Net the plc,ce Davids Depot steep on was recognized and recalled the some years ago when heavy machinery road. She noted also that the blind Paradise Drive acc idents and that had floats were turn makes driving perty to serve as The Superintendent a road being The and Chair asked the '17he ther further a private replied proposed. Superintendent whether he had investigation had been made of entrance for City he had made short the only a inspection and a should proposed ....oad on the Net Depot was not at17are pro- site. of Hr. Louis chart Brunini, Superintendent comparing m,q~:imum :i.n-transit equipment from varying points of service location with a site proposed The Superintendent stated the the most remote the road its8lf spot possible is not easy to 'as recognized and presented to move :~ slowest of the City's road in Tiburon--contrasting the Net Depot on property of the Richardson Bay Sanitary District Net Depot location had many disadvantages--it for servicing the Strawberry area if annexed travel of Pub1 ic times t-lorks, th'"' being and In the \lorks abse nce or headquarters, the Belvedere's corporation on the former Naval Net yard or Depot land DLohan, appoin~ed Chair to investigate reported on discussions the possibility of the on Paradise Drive alternate sites for for the continued use City's yard being placed a public of a LEASE OF PUBLIC t-lORKS HEADQUARTERS SITE VII MINUTE ORDERS A:3S E.:~~ com;;CILNEN Dx'oh3.n NOES COUNCILHEN None AYES Moved by Bremer, seconded by Strawbridge, that Resolution No. 148 be adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON AUTHORIZING THE FILING OF A PETITION FOR PER~IISSION TO ACCUMULATE APPORTIONED FUNDS PURSUANT TO STREETS AND HIGIDvAYS CODE SECTION 18606, APPROVInG A SPECIFIC PLAN FOR THE EXPENDITURE OF THE FUNDS AND FOR THE ACCu~IULATION OF REQUIRED MATCHING FUNDS unanimously passed COUl'1C IUlEN Bremer Fanning Hoffmire Stra-tvbridge By report enacted dated May 3, to authorize the in the amount of $68,000, being Drive recently authorized by the gas "m""'nt requested tax funds by required for extension of that the a resolution be Division of Porto Highways Marino l'1inutes #109 City Council -4- 8 May 1967 There being no further developments, and no one present to speak the Chair directed the matter continued. APPLICATION FOR USE PE~lIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE BEn~EEN TIBURDN BOULEVARD AND ~~R Weinberg and Demaurex et aI, Appellants EAST to the matter The City that IX Chair directed the matter be continued so advise them and at the copy of the AAA's Hanager to they obtain a APPEAL to the next meeting same t~e to suggest report on safety patrol requesting the to the Distric t Bremer suggested the District should safety patrol program. look Bill of the City Engineer dated May 2, 1967 was not presented inasmuch as the Chair advised the Reed School District's representative, Mr. K. L. Rice, Jr.) had re- quested a continuance for o~o weeks to allow the District to study the City's comments on the matter of supplying a crossing guard at the Tiburon Boulevard- Reed School juncture into the AAA Automobile Association"s PROTECTION OF SCHOOL CHILDREN AT CROSSING OF TIBURON BOULEVARD AT The Chair directed the matter be placed with the Lands and Development Committee for a policy determination and that the City Engineer be instructed to advise the developer, in a cordial way, of the reason why no action will be taken on his project until the policy statement is received REED SCHOOL On behalf of the City Engineer, Fanning presented bill dated May 3, 1967 stating he had been advised that the E1 Marinero Subdivision is being proposed for finan- cing by special assessment district and in view of the numerous examples in the County and State where such assessment districts have been ~properly conducted, suggested the subject be placed in committee for determination of a City policy and that the City Engineer be instructed to advise the developer that until such policy statement is forthcoming, the City will not be able to approve the use of special assessment district financing for this project 1..1....: or ASSESSMENT DISTRICTS FOR FINANCING Mr. Nash expressed his appreciation not only to their support during his term as Chai~an PRIVATE DEVELOPMENT the Counc i 1 The Chair then thanked Mr. Nash again for his service to the City, and on behalf of the Council, presented to him copy of the resolution just passed and as a memen- to, the first City seal mounted on a plaque and inscribed to Mr Nash as Planning Commission Chairman from 1964-1967 but to the Staff for ABSENT COUNC IUtEN Drohan NOES COUNCILMEN None AYES COUNC ILMEN Bremer Hoffmire Fanning, Strawbridge Hoffmire moved, seccaded by Fanning, that Resolution No. 149 RESOLUTION OF THE CITY OF TIBURON HONORING STEPHEN H. NASH be adopted A unan~ous1y passed The Chair stated that on April 24, 1967 the resignation of Mr. Stephen H. Nash the City's first Planning Commission Chairman, was reluctantly received and accepted and a resolution honoring Mr. Nash was ordered by the Council. The Chair then read the proposed resolution in full. RESOLUTION HONORING STEPHEN Resolution No. 149 H Raving earlier delayed consideration of a resolution awaiting the presence of R Nash the Chair declared this resolution to be the next order of business NASH Mr Stephen VIII SUSPENSION OF ORDER OF BUSINESS A u....LuLe._ 1r :L09 City Council short recess was declared by the Cha ir , the meeting reconvening at 9:33 P.M -5- 8 May 1967 ABSENT COUNCIU1EN Drohan NOES COUNCIU1EN None AYES ~loved by Fanning, seconded by Bremer, that the City Council endorse the letter of the Parks and Recreation Commission to Senator John McCarthy expressing opposition to Senate ~i11 876 nm~ before the State Legislature unanimously passed COUNCILMEN Bremer Fanning Hoffmire Strawbridge txpressing the sense of the Council, the Chair then directed me~orandum to all Commissions, Departments, and the Staff co~e to the Council for endorsement. Strawbridge ~o the Commissions should also convey the Council and expressions requested s to1i11 ingness the City Manager to direct requesting that such letters that the City Manager's memo to receive these opinions It was the opinion of the Chair that communications by commissions to legislative bodies should come first to the Council for endorsement. The City Manager noted it was the ~dvice of the League of California Cities that when positions are taken by a city on any ~egis1ation that the communication originate with the city council a The that at passed a to send opposition to SB 876, a and recreation purposes for comment ~ Chair stated motion regular meeting, the Parks and Recreation Commission had a to Senator John McCarthy expressing the Commission's measure to repeal AB l150 concerning dedication of lands for park by subdividers Copy of the letter was now before the Council its last Ie t ter Communicat ions b Conunissions The Chair ordered as submitted XI UESTIONS fun-:-l the Fund Receipts by Source report for March 1967 accepted Receipts The Chair noted the Tiburon National Bank has now Dank. The City Attorney advised that the City's ~o Tiburon National Bank would remain effective tion need not be adopted by Source Harch 1967 been acquired by the Sierra National resolution authorizing deposit of funds t~ith the new ownership and a new reso1u- ABSENT COUNCILMEN Drohan NOES COUNCIUlEN None AYES Moved by Fanning, of March 1967 be COUNCILMEN seconded by Bremer, that Register of Cla~s accepted: unanimously passed Bremer Fanning Hoffmire Strawbridge No 33 for the month :'-~e ;_8 +:er of Claims Moved by Fanning, seconded by Strawbridge, that the Monthly Cash Flow for March 1967 be accepted; unanimously passed. if: 33 TREASURER, CITY NANAGEIt Monthly Cash Flow Statement March Statement The Chair directed that the City Engineer"s report be accepted of the City Engineer, Bremer dated May 2 1967 replying City Council's request of April he report in regard to any action the City should take to protect with regard to the slide on Red Hill. Copy of the City Attorney's opinion April 28, 1967 was included in the report, indicating the City's rights were not involved as the slide occurred entirely on private property and the State's right-of-way. It was the City Engineer opinion that other than aesthetics, the City has no interest in the problem. and no action was recommended at this ttme On behalf to the presented bill 24, 1967 that its rights dated s RED HILL SLIDE City Council x REPORTS -6- 8 Nay 1967 TI1e Chair directed the finJings on the matter. Committee to prepare a report of its La nd s In discussing the status of the three ordinances being considered for the trees on both public and private property, the City Attorney stated it was possible to draft a legal and constitutional ordinance governing heights of trees protection of views on private property. Fanning volunteered to supply the attorneys ~ith copy of the deed restriction contained in deeds conveyed by subdivision developers and suggesting this type of restriction might be required by the City of all new sub- divisions and Development regulation of seemingly not and Tree Re The Chair directed the City to form a key for an added Ordinances Manager to order 10 seals, welded on a 3 cost of approximately $l.OO each extension of brass City Seals 'cants Bremer noted that a meeting and representatives of ,-,ill be held Belvedere Hay 13 1967 l'1 i t h several CATV franchise app1i- .CATV Franchises Straubridge noted a report on a street Development Administrator for review on Street lighting policy had been transmitted to the Committee Report ~he Chair requested press representatives to publicize the fact the City would l~e1come volunteers to assist in some of the clerical tasks relating to annexation proceedings !\..~~exation nre~~er stated two or three complaints had been received about beekeeping in the City City r1anager advised the zoning ordinance prohibits keeping of bees in the City, and if citizens were bothered by vagrant swarms of wild bees they should contact the Mosquito Abatement District who handle complaints on wild bees The pee~':e~ping, Mr Shapero, City Treasurer, ,1:\; Chamber of Commerce Hou1d ~odge and would honor Tiburon's Mayor KABL as "Citizen of the Day" . Samuel i.li.nsu1a announced that the monthly meeting of the Tiburon be held May 9, 1967 at 8:00 A.M. at the Tiburon John Hoffinire Jr selected by Radio Station S ~uron Peninsula Chamber of Commerce Month1 ABSENT COUNC IU1EN Drohan NOES COUNCILMEN None AYES ~loved by Bremer, seconded by ~ontro1 educational progr&ffi outlined by COUNCILMEN Strm~bridge, that the City Council endorse the narcotics program proposed and declare its willingness to cooperate in the the Grand Jury report unanimously passed Bremer Fanning Hoffmire Strawbridge The Chair put before the Council of the Marin County Grand Jury requesting the support of the County and its county-wide narcotics control educational program to be funded by the school and supervised by a 5-man board and the Narcotics Control Bureau. The report requested each Marin City to endorse the program and declare its willingness to instruct its Staff to take all necessary actions towards end 1:11a t Report cities districts No. 2 in a Harin County Grand Jury Report No. Rc County-wide Narcotics Control The Chair recognize 2 acknowledged receipt of a request from the U. S. Department of Commerce to }~rit~e Day on May 15 1967. No action was taken !:!aritirne Day !-linute s if 109 9ity Council I ! -7- 8 May 1967 ORDINANCE ADDING DEFINITIONS OF HOTELS AND TO THE ZONING ORDINANCE Second Reading and Adoption Ordinance No. 78 MOTELS There being no objections June 12 1967 VI. ORDINANCES heard Bremer asked whether any waiver of that as the continuance was at the if there were, it would continue to the Chair then declared the matter continued to t~e would be involved, the City of the Noels, he did not regular meeting request the next Attorney replying believe so but The Chair noted the presence of Mr. The Chair addressed the City Engineer on whether this few weeks' interval endanger persons or property, the City Engineer replying that although he been on the property recently, from his observations he could respond "no Raymond D. Noe 1 , who had no statement to make would had not . The City Attorney also advised that the City, served with a complaint for $70,000 damages by as one of the Noels a part quired. that the several defendants The City Attorney reported a telephone conversation had been held with a Mr. Richards, attorney representing Mr. and Mrs. Noel, in which their counsel advised that every reasonable effort to minimize the dangers caused by the sliding house were being taken; that discussions were now being held for sale of the property to an interested buyer on an as-is where-is basis but that until subsurface soils dry out, they could not obtain an estimate from engineers and experts on the costs of removal of all or of the house and accomplishing whatever corrective soil work might be re- For this reason, the Noel's counsel was requesting through the City Attorney, City Council continue the hearing until June 12th. had been Notice having been served on May 10, 1967 to Mr. and Mrs. Raymond D. Noel to appear before the Council on this date and show cause why their house at 34 Reed Ranch Road should not be declared a public nuisance and abated by its removal or demolition, the hearing was opened. ABATEMENT OF PUBLIC 34 Reed Ranch Road Mr and Mrs Raymond D Noel Owners NUISANCE Moved May 1, mitted IV by Strawbridge, seconded by Bremer, that Minutes #108 for the special meeting held 1967 and Minutes #109 for the regular meeting held May 8, 1967 be approved as sub- unan~ously passed. PUBLIC HEARING III Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Richard H. Breiner, Deputy City Attorney Ray H. Foreaker, Jr., City Engineer Louis Brunini, Superintendent of Public Works Samuel Shapero, City Treasurer APPROVAL OF MINUTES EX OFFICIO ABSENT COUNCILMEN Fanning Bremer Drohan Hoffmire 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 Mayor John S Hoffmire Jr. at 8:12 P.M. on May 22. 1967 in the City Hall Council Chambers. ROLL CALL I CALL TO ORDER Minutes 1/110 CITY CITY COUNCIL OF TIBURON 22 May 1967 Bremer stated that he was against the selection of this site because of the strain imposed on equipment and the hazardous driving conditions on Paradise Drive but as Drohan noted that in to erect a building, which might be used suggested that the matter be the site more fully addition to the $6,000-$7,000 savings to the City in not having the availability of machinery and equipment on the Depot site on a trade-out basis was another advantage to consider, and continued and a committee meet with the Staff to discuss The Chair pointed out that the Depot's gate was closed a private road had been suggested to afford access The City Engineer on the basis of rough est~ates, construction of this road would result grade, which although traversable by heavy equipment, would not present a very convenient operating condition. He stated cost estimates had not been made but construction might fall in the $5,000-$8,000 range, with sub- stantial fill needed An alternative routing of the road had not been measured. stated that in a 22-23% when The City Manager called to the Council's attention a chart previously submitted analyzing travel distances between the Net Depot and various points of service in the City, as contrasted with travel time from the suggested Sanitary Plant location, indicating considerably greater amount of travel time would be required if the Net Depot location were selected. He stated photographs of the Net Depot site and build- ing had been taken and the City Engineer and Superintendent of Public Works had done a reconnaissance on construction of a road to the building The Chair informed Drohan that construction of Paradise Drive from the proposed site was look into this possibility a separate road for private access suggested, and he had requested Staff to to Drohan presented bill dated May 10, 1967 concerning lease of a public works head- quarters site on property of the Richardson Bay Sanitary District. Drohan stated that since being appointed to investigate alternative sites, he and the Superintendent of Public Works had looked into some 12 to 14 locations and to him the most promising appeared to be that offered by the former Naval Net Depot, where the City could use a portion of this site and occupy 4,000 square feet" of an 8,000-square foot Butler building, rent-free. In his three-weeks' absence from the City, he had requested the Superintendent of Public Works to investigate this facility and render his opinion at this time LEASE OF PUBLIC WORKS HEADQUARTERS SITE VI. MINUTE ORDERS ABSENT COUNC ILMEN Fanning NOES COUNCILMEN: None AYES Moved by Drohan passed: COUNCILMEN Bremer Drohan Hoffmire Strawbridge 78 be adopted unanimously seconded by Bremer Title of the ordinance was so read by the expressing a desire to speak to the matter closed that Ord inance No Chair. There were no persons present and the Chair declared the public hearing ABSENT COUUCILHEN Fanning NOES COUNC ILl-fiN None AYES Moved by Drohan, ordinance be read by COUNCILMEN seconded by Bremer, that further reading be dispensed with and title only unanimously passed Bremer Drohan, Hoffmire Strawbridge After presentation of bill dated May 9 hearing open the the Chair declared the public 1967 Having passed first reading on May 8, 1967, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON M1ENDING ORDINANCE NO.5 BY AMENDING SECTIONS 10.35, 11.8(a)2(A), 11.l4(a)7(C), 11.26(a)l(B) (p.48A), 11.26(a)1(B) (.49), BY ADDING SECTION lO.475 TO AND BY DELETING SECTION 10.7 FROM, MARIN COUNTY ORDINANCE NO. 264 now came on for public hearing second reading and adoption by Drohan Minutes /;110 City Council -2- 22 May 1967 Mr. was patrol Jack Usi1ton, too hazardous Principal of Reed School, was recognized stating the intersection to place under the control of 10 to l2-year olds to act as a safety Mrs K. L. Rice, Vice Chairman of the Board of Trustees of the District, was recognized explaining that approximately 80 to 100 children crossed this boulevard each morning to reach the Reed School and because of the 35-mi1e-per-hour speed and the fact the school is not easily visible from the highway, felt a uniformed guard should attend the crossing in the morning hours to insure safety of children. He noted the various steps that had been taken thus far in signing and marking of crosswalks, and recog- nized that while it was a responsibility of the District, the School District's budget did not provide for the personnel required to control the crossing. He sug- gested that the high volume of traffic moving on Tiburon Boulevard warranted consi- deration of reduction of speed from 35 to 25 m.p.h at this location Bremer stated the Public Services Committee was in accord with recommendations to some degree and recommended that a traffic employed and operated by the School District, with the of the City's police department in such program. the City Engineer patrol system be assurance of the cooperation s dated May 10, 1967 putting before the Council the request of School District Board of Trustees that the City assume responsibility crossing guard at Tiburon Boulevard, opposite Reed School, from the A.M. to 9:00 A.M. on school days. The matter was fir5t before the on May 8th and continued to this time to allow the School District's adminis- tration an opportunity to consider the City's agenda bill of May 2, 1967 in which the City Engineer recommended that although the City did not appear to have any specific responsibility for this protection, if the Council wished to participate financially, the responsibility for the operation of the program and providing part-time personnel should rest with the School District and the City of Belvedere should be asked to contribute equally with the City Bremer presented bill the Reed Union in providing a hour of 8:00 Council PROTECTION OF SCHOOL CHILDREN AT CROSSING OF TIBURON BOULEVARD AT REED SCHOOL The Chair stated continuance to June Chair then directed Manager to notify Mr that in order to study the matter more completely, he would direct 12th. At Drohan's suggestion, and there being no objection, the the matter placed on the Suspense Calendar and directed the City Fleming when the matter would appear on the Council's agenda Hr. Fleming was sightly than a of such yards responded by Sausa1ito again recognized, feeling that a corporation yard would be more un- sanitary plant and questioned whether there had been other instances being located in prime residential areas, to which the City Manager citing the cities of San Mateo Menlo Park, Hil1sborough Carmel and a Mr. Robert Fleming, Little Reed Heights resident, was recognized and posed several questions to Strawbridge concerning the devaluation of residential property overlook- ing the Sanitary Plant location. Strawbridge responded that he doubted that a we1l- landscaped corporation yard would depreciate property values further than might have already occurred by reason of the sanitary plant's any operation. Strawbridge repeated his previously-expressed objections to the site, based on the additional expense of wear and tear on equipment and loss of man-hours, and felt a corporation yard at the Sanitary Plant site--properly screened and landscaped--cou1d be made attractive enough to even improve this location Bremer questioned how present the Navy to the question to soon such site could be available, the Chair replying that property is being transferred from the authority of the Department of U. S. Department of Interior. Bremer stated this would be an essential be resolved before he could vote on it at The City Manager stated that with a 3-man department, he could estimate the time lost in use of this site as being equivalent to one man on duty. He suggested that l~ith the prospects of a successful annexation e1ection--and considering the time in- volved in negotiating with the federal gove~nment for use of the site--the two matters might be resolved at approximately the same time, leaving the City with a 47-minute run from the Depot to the expanded service area in Strawberry. He stated that while he knew the Superintendent of Public Works would make the best use of any site selec- ted, as City Manager he could not endorse the Net Depot site as one that would best serve the City. it Minutes #110 City Council was offered at no cost to the City could -3- see no objection in trying out the site 22 Hay 1967 Mr. Irving Moulin, Chairman as were Commissioners Mrs Bacheller III of the Parks and Recreation Commission, was recognized Polly Smith Mrs Mimi Berticevich and Mr Joseph Attached as exhibits to the agenda bill were a cost estimate totaling $4,l60.55, a planting stock list and memorandum of suggestions for the City Staff. It was the recommendation of the Superintendent of Public Works that the City Engineer should be consulted regarding moving of fill from Red Hill, as indicated on Plate 1; that should the plan be approved. bids should be obtained: and consideration be given to maintenance of landscaping On behalf of the Lands and Development Committee 16, 1967 putting before the Council the plan for by the Parks and Recreation Commission on April 6 fund3 therefor Drohan presented bill dated May landscaping Tiburon Boulevard adopted 1967. and requesting appropriate LANDSCAPING OF TIBURON BOULEVAPJ) ABSENT COUNCILMEN Fanning nOES COUNCILMEN None AYES Hoved by Bremer, Martini and Smith A. J~ Bresnan Co. directed to award COUNCILMEN seconded by Drohan, that the low bid of $3,821.65 by Rice, De be accepted for Project 67-T-5 and the low bid of $6,086.10 of be accepted for Project 67-P-1, and that the City Engineer be these two bids accordingly unanimously passed Bremer, Drohan~ Hoffmire Strawbridge Bremer presented bill tion projects that t.he 10\1 Streets" Project was the G7-P-l for bidder May 15, 1967 and bid comparison sheets on two construc- were opened on May 19; 1967. The City Engineer stated Project 67-T-5, "Road Repairs on Trestle Glen and Other firm of Rice, De Martini and Smith for $3,821.65; the low bidder on Resurfe..cing of Paradise Drive", was A J. Bresnan Co at $6,086.10 dated ~.,hich bids for AHARD 0:2 COt1STRUCTION CONTRACTS to the next regular meeting The Chair directed the matter continued Drohan reported a preliminary effects of such policy and the l\.ssembly's l1un:Lcipal Govern:.:nents continuance to allow his Committee the CO'.1IlC i I review fact had a report on Committee would to prepare a in view of the far-reaching districts made by the State available, he suggested a statement for submission to On behalf of 1967 carrying a City policy finance improvements May 8 1967 and the Lands 2nd Development the City Engineer's established Committee, Drohan presented bill recommendation that a committee concerning the use of special ire private developments--a matter referred to the Lands and Development study be assessment districts to first before the Council Committee on dated May 5 made and USE OF ASSESSM}.;nT DISTRICTS FOR FINANCING PRIVATE DEVELOPMENT A short recess The Chair directed letter of the rec.uction to and that the \'; 2. S School 25 m.p.h. City of declared the meeting reconvening at 9:35 P.M. the City ~lanager to endorse, in the name of the Council, District to the Division of Highways which will request toulevard at its intersection with Reed requested to take similar action on Tibul"on Belvedere be by the Chair the a speed School, the Chair suggested that the City Attorneys and that Mr. Rice rr'he Chair directed the City Hanager on active duty to try to place a in question matter be discuss it to request car in the looked into further further with the police school area The City Engineer pointed out that regulation of speed on Tiburon Boulevard was matter for determination by the State Highways Division, who would first conduct a speed-study to determine whether the limit might be reduced to 25 m.p.h. The City Manager reviewed the history of negotiations with the State on reduction of speed limits, and stated the State was not unsympathetic but offered no other solutions than the posting and signing placed at that location by the City 1-1/2 years other ago Ninutes 11110 City Council -4- 22 May a 1967 100.00 400.00 50.00 250.00 225.00 $ 1,225.00 recommend adoption of the requirements Bremer stated the Public and approval of the Services appropriation Committee 1;-lould subject to budget report months) Bremer presented bill dated May 8, 1967 conveying the Parks and Recreation Commission request for an appropriation of $2,000 to landscape and make ready for public use Unnamed Park. Mrs. Polly Smith was recognized and stated the cost estimate to the agenda bill had been revised at the Commission's May 18th meeting mitted the following breakdown of costs: 1 Mowing (one-time mowing for 2 days at $100.00 a day to include mower rental and manpower) Signs (2) Trees (24 - 5-ga110n Monterey pines) Trash Cans (3) Benches and Tables (3) Sanitary Facilities (2 2 3 4 5 6 units re nted for five $ 200.00 the attached She sub- s APPROPRIATION FOR NOES ABSENT IHPROVEMENTS TO COUNCILMEN COUNCILMEN None Fanning UNNAMED PARK Strawbridge AYES Drohan moved, seconded by Strawbridge, that the Tiburon Boulevard landscaping plan submitted by the Parks and Recreation Commission be accepted in principle and that it be placed in the preliminary budget for 1967-68; and, further, that the Parks and Recreation Commission and their Chairman Irving Moulin be congratulated unanimously passed COUNCILNEN Bremer Drohan Hoffmire Mr. Joseph Bacheller III was recognized in its 1967..68 budget for this landscaping allocated from the Contingency Fund in order stating the Commission had placed $3,000 but it ~as hoped $2,000 might now be that the whole job could be done at once Mr. Burt Talbot was recognized and inquired 1;~hether improving the north side of Red Hill had been considered, to \-lhich the Chair replied that the owner was currently involved in attempts to repair the whole slide Drohan suggested that as planting would not be done until September, be accepted and money later appropriated based on what was available the plan might Slrawbridge complimented Mr. Hou1in and his committee on the report submitted and suggested that if the monies could be found, the landscaping program be approved. Bremer agreed the plan 1;vould be beneficial to Tiburon's appearance and suggested it might be undertaken in steps. The Chair stated he would prefer to review the 1967- 68 budget projections before taking final action The City Manager was asked how an expenditure of $5,000 would affect the tax rate, and responded this would amount to 3C to 4C. The City Manager was asked by the Chair what other improvements the City was facing, the City Manager citing, as an example, the need to build up funds as the State's $13,000 contribution to street maintenance was not meeting maintenance requirements for a 5-7 year program and general fund support for these costs would be necessary In answer to the Chair planting be undertaken trees for the "Unnamed s question, Mr. Moulin before September, or Park" might also be stated that he would not recommend until the first rains, and suggested planted at the same time saving costs that that invitation, planting Mr. Moul in plant stock, ting and planting, he felt would result to bid. Mr stated that landscaping costs had been based on the City taking bids for contracting the backhoeing, contracting with someone to do the coordina- and employing teen-age youth for cutting and threading pipe, which in a much lower total cost than if the entire project were put Bill Brown was present in the audience at his consideration in the job of coordinating and Moulin and stated that Mr. recommended him for Mr. Moulin then presented a plate containing planting giving detail of landscaping proposed for the following areas Blackie's Pasture, (2) an area east of San Rafael Avenue, (3) Rafael Avenue across from the old boat house and (4) an area Red Hill. instructions and four plates (1) Trestle G1en- of San near an area west at Lyford Drive Hinutes #110 City Council -5- 22 May 1967 Question was called for and motion passed Mr. Peter the bill they 1;'1ere the League Telephone amendment company, .: roduced stating and by On behalf of the Administration and Finance Committee, Strawbridge presented bill dated May 15, 1967 containing the City Manager's recommendation that the City Council express to Senator McCarthy and Assemblyman Bagley their support of two measures currently before the State Legislature uhich would impose a 2% tax on regular monthly intrastate phone service, to be distributed to cities and counties on a population basis in lieu of franchise taxes. It was pointed out that all other utilities are subject to franchise tax but since a California Supreme Court ruling of 1958 tele- phone companies have been freed from this tax and within the City of Tiburon, are subject only to a $25.00 per-year business license fee. If AB 2395 or ACA 74 were adopted, the City would probably receive something in excess of $3,000 per year as an indirect tax upon the subscriber in lieu of the $25.00 business license fee. The City Manager noted the phone companies have expressed no opposition to the measures, which are strongly supported by the League of California Cities. Se~4bKeSi~~g~~g~etoss~&i~8~ h~~U~Umiifia tb~i-~~tt~~s of support for AB 2395 and Miss Anne EllinWOOd was recognlze~ u~e re~rr~~~~l~eB~~t hearings before P.U.C. for phone rate increases, and expressed objection to this means of transfer- ring a city tax to a telephone subscriber's bill, burdening already high phone rates with an additional 2% tax. TELEPHONE IN LIEU TAX AB 2395 and ACA 74 ABSENT COUNCILMEN Fanning NOES COUNCILNEN None AYES COUNCILMEN Bremer Drohan Hoffmire, Strawbridge Question on the Mrs. Berticevich ~'1as again recognized, appearance because of the fire hazard, park. motion was called for unanimously passed stating the weed cutting was desired for and to enable people to walk through the Drohan asked the Superintendent of Public \vorks whether his department could handle the improvement program outlined, the Superintendent stating he would prefer to have some contingency allowed in the appropriation. The City Manager suggested that the appropriation be made for the project as moved but that the detail be left to the discretion of the Superintendent Luc, Ebb Tide reporter was recognized and suggested that a contest be held name the parko Mr. Moulin reported that at a Board of Design Review meeting just held, the matter of a name for the park had been referred to the Parks and Recreation Commission. With the Chair's affirmative response to the suggestion of a contest Stra1;'1bridge submitted the first entry - "Trestle Glen Park" Nadine to Bremer Contingency at being appropriated moved, Fund seconded by Drohan, time for it is this when that the sum of $825.00 be landscaping of the Unnamed appropriate for planting appropriated from the Park. the remainder Hrs. Himi Berticevich be planted until Chair surnn1arized 1;'las September by stating recognized stating so the $400 amount that the amount nm'l it 1;o]as not would not known that the trees couldn't be required immediately. The requested was, therefore, $825.00. The City Manager reported on the if annexation proceedings uere without receipt of additional ne1;'l fiscal year status of the Contingency Fund successful, extraordinary expenses revenues would require a healthy reserve and pointed out that facing the City going into the in order to make this appropriation Smith it was the Commission's an advance against next year's budget. The ~he Parks and Recreation Commission's minutes . the $1,225 now itemized would be held as that i ..-.4-ended use of the park this summer he to be made from the Contingency to request the appropria- stated that in re- that the $775 unspecified intent City it a appear contingency for Manager would Hinutes 1/110 City Council -6- 22 Nay 1967 Mr. Joseph Bacheller III in preparing its 1967-68 comments--administrative1y next year lias recognized budget, submitted or from the Counci1--on stating the Commission had spent four months agao, and had the Commission's much time received no program for the Strawbridge ceiving the she had contacted the Commission was the Commission was came under the questioned Council's the propriety of hiring the director before re- approval for the expenditure, to Mrs. Berticevich replied the City for permission to hire this young man, and pointed out operating without budget. Drohan added that most of the problems experiencing would be resolved 't~hen the Commission next year formalized budget procedures recreational :l1hich Mrs. Berticevich was cost for the program tration's requirements. and stated she would like again recognized stating was $2,700 and the added She the to suggested see the the Commission's original projected costs came about through the Adminis- program be undertaken on a 4-week basis program initiated even on this reduced basis City at this merits of the this time The Chair stated that in view of the desire to decrease taxes and the amount re- quested, he did not feel the program could be fitted into the budget at this time. Bremer endorsed the program and felt that when the City was able, it should under- take such employment of youth. Strawbridge agreed but noted that most ll10rk of the time was professional or semi-professional. Drohan agreed with the plan but agreed too that the expenditure could not be justified at The City Manager was to comment and stated whether the program go forward or not but merely instituting such a program, resulting in the memorandum of member Michael Silberstein addressed to the City Manager. experience in hiring youth had been that there was such a they would be called upon to do that he could not deem it amount a very productive program asked the }larch 31, He stated limited problems 1967 from staff the City's past of work asked should Staff was not examine to determine of Mrs. Polly Smith was Staff and its suggestions successful program of this recognized stating the $3,400-figure was had been accepted by the. Commission nature conducted by Belvedere over submitted by the City She referred to the the past few years In response to Drohan's question, Mrs. Berticevich was recognized and stated there were two programs under this request--$3,400 for the Youth Work Program and $800 for one-half share of a recreation program, for which latter program a recreational director had been hired who, with two young assistants and $52.50 remaining for expenses, would provide a recreational program for Tiburon's children during this summer. Under the Youth ~vork Program, Mrs. Berticevich pointed out the $3,400 would include a man to supervise the some 64 boys who could be employed under a program, geared to start June 26th and last for eight weeks. She cited the benefits of the program as a means of improving the City's appearance and occupying the boys, teach- ing them how to work and work together, and stated the monies earned would stay in the City The Chair asked for comments from the Staff, the City Manager responding the Staff had taken a rather critical view of the Summer Youth Work Program, as indicated by the March 31 report, and were concerned about the amount of money required, the need for adequate supervision and the problems posed in placing inexperienced people at work where there is a high risk exposure. He stated that this sum could provide a full-time additional public works employee for a six-month period On behalf of the Public Committee, Bremer presented bill dated May 8, 1967 containing the request Parks and Recreation Commission for an appropriation of $3,400 to implement a Summer Youth Work Program and an additional sum,of $800 as one-half of the share of a Summer Recreation Program to be jointly sponsored with the City of Belvedere. The $3,400 sum for a Summer Youth ~!ork Program was based on the staff report of March 31, 1967 submitted to the Parks and Recreation Commission Services of the SUI-IMER YOUTH WORK PROGRAM The Chair directed the City of the City Council's action Manager to advise Senator in expressing support McCarthy and Assemblyman Bagley for AB 2395 and ACA 74. ABSENT COUNCILNAN Fanning NOES COUNCILNEN Drohan AYES Minutes tftl10 City Council COUNCILMEN Bremer Hoffmire -7- Stra'tl1bridge 25 May 1967 The Chair commended Mr. HOl-le1l and Mr. Ben Farlatti pat ion and suggested the Public Services Committe committee to study the matter and submit for their interest and partici- e might meet with Mr. Howell and his a recommendation to the Council. The City Engineer, following a meeting with Highway representative Edward Hovde on May 11, 1967, submitted the program of widening and raising Tiburon Boulevard from its terminus at Main Street westerly to Cove Road for approximately $200,000, alternatively, a program for construction of a new two-lane highway from Reed Road easterly to Avenida Miraflores for $400,000, noting the latter would not vide a wider road but would avoid the intersection at the trestle and provide alignment which would have higher capacity or, Ranch pro- better The Chair summarized Mr. William Howell, working with the City Staff and the Mayor and met on three occasions State Division of Highways representatives to program improvements to Tiburon vard; that improvements to Tiburon Boulevard now rest in third priority in the program--behind widening of Highway 101 at San Rafael and the Novato bypass for ~-lay 101--that three factors influenced the slow progress in improving the highway-- limitation of available funds, widening of Tiburon Boulevard for its entire length involves Bay fill which involves adoption of a formal planning program projected to be some years away, and thirdly, improvement of the roadway in the downtown area is contingent on the City either completing, or being ready to complete, needed drainage improvements. It was the suggestion of Mr. Alan S. Hart that the City should select the area for improvement ~Jhere relatively small amounts of could be expended and indicated an initial program of $200,000 would be money reasonable by saying that Commerce, has been vlith the Boule- State High - s the report President of contained the in bill dated Tiburon Peninsula have May 15 1967 Chamber of IMPROVEMENT Strawbridge presented a turned over to the City the Counc il OF TIBURON BOULEVARD list of the first nominees to receive the awards, Manager to be presented with the resolution when which ~vas it is before The Chair directed that the report of the the City Attorney be directed to prepare forth in said letter of May II 1967. a Public Services Committee be accepted resolution following the policies set and By bill dated May 15, 1967 Bremer reported the Mayor had referred to the Public Services Committee the matter of policy on the award of small medallion replicas of the City's new seal. Attached as an exhibit to the report was Bremer's letter of May 11, 1967 proposing a policy to be adopted POLICY REGULATING AtvARD OF CITY l'1EDALLIONS ABSENT COUNCILMEN Fanning NOES COUl\1CILNEN None Drohan, Strawbridge AYES Bremer moved, seconded by Drohan, that the City Staff be authorized their personnel by the employment of youth during this summer for tasks on an informal basis, as required, payments for which to be tingency Fund, and that the Staff present some figures in animous1y passed COUNCILMEN Bremer Hoffmire to supplement various jobs and made from the Con- connection with this un- ABSENT COUNCILMEN Fanning NOES COUNCILHEN None Stra~V'bridge AYES Bremer moved, seconded by Drohan, that an appropriation of $800.00 be Contingency Fund to cover the commitment regarding the Summer unanimously passed COUNC ILHEN Bremer Drohan Hoffmire made from Recreation Program the The Chair replied the Administration and Finance Committee has not yet received budget figures from the Commissions as they are presented for consideration at one time. The City Manager confirmed that the Commission's budget for the 1967-68 fiscal year had been distributed \'lith the minutes of the Commission's meeting at \'1hich it uas adopted, and Has nOH ~l7aiting to become of the preliminary budget ~-1hich the Administration and Finance Committee will Further, he stated that as the Commission now wanted to accelerate some expenditures they would become in effect part of the 1966-67 budget part examine of these Ninutes 11110 City Council -8- 22 May 1967 compliance firm. to Clear ordinance requirements Bremer g ine er to the to Cable CATV Franchises IX Monthly report of the Department of Urban Development for April and accepted by the Chair UESTIONS 1967 was received DEVELop~mtIT ADMINISTRATOR rronth1y report for the Superintendent of Public Works the Chair with commendation to the Superintendent was received and accepted by SUPERINTENDENT OF PlliLIC WORKS ABSENT COUNCILMEN Fanning NOES COUNCILNEN None AYES Moved by Strawbridge, seconded by Drohan, that the Monthly Cash Flow Statement, Register of Claims No. 34, and Fund Receipts by Sources reports for the month of April 1967 be accepted unanimously passed COUNCILHEN Bremer Drohan Hoffmire, Strawbridge Financial TREASURER, CITY MANAGER FINANCIAL REPORTS Monthly Cash Flow Statement Register of Claims No. 34 Fund Receipts by Sources reports for the month of April 1967 \-1e;re presented Tiburon Police and Sheriff and accepted by the Chair. Station report for the month of April 1967 was received TIBURON POLICE AND The Chair acknowledged receipt of this notice and commended the Planning Commission for maintaining their schedule in bringing the drafted ordinance to eventual public hearing SHERIFF STATION meet hearing in preparation of May 15, 1967 stating on May lO, 1967 the Planning ~~ advise the City Council that on May 1, 1967 they were of the new Zoning Ordinance and were continuing to a proposed ordinance suitable for public PROGRESS ON NEW ZONING OP~INANCE VIII The Chair again directed the matter continued to June l2, after receiving the Deputy City Attorney appellants request for continuance REPORTS APPLICATION FOR USE PEmlIT TO ESTABLISH PARKING LOT ADJACENT TO PARAD ISE DRIVE BETWEEN TIBURON BOULEVARD AND MAR EAST Weinberg and Demaurex Appellants through VII Drohan suggested the of the rai1road"s a significant bearing on program. Following drainage on highway inlprovement, the Chair directed the Suspense Calendar to a~vait the receipt of the report on results this APPEAL study on some downtown drainage would have discussion on the effects of matter be placed on the the railroad's drainage study Mr. William Howell was recognized and encouraged the tion to the widening and raising of Tiburon Boulevard Council to give first considera- as suggested by Mr Hart. Hinutes fJ:110 City Council -9- 22 May 1967 Ninutes 41110 City Council -10- 22 Hay 1967 The City Manager stated the next step would be consideration of an ordinance granting the franchise, for which purpose the Clear View firm would be required to match their application to the requirements of the enabling ordinance. Moved by Bremer, seconded by Strawbridge, that the City Manager be instructed to notify the Clear View Cable Systems, Inc. of the intent of the City Council to grant a franchise to that firm for CATV service upon their reconciling their application to the appropriate enabling ordinance of the City; unanimously passed: AYES: COUNCILNEN: Bremer, Drohan, Hoffmire, Strawbridge NOES: COUNCILNEN: None ABSENT: COUNC ILHEN : Fanning Channelization of Main Street-Tiburon Boulevard-Paradise Drive Strawbridge expressed his compliments to the Administration and City Engineer on the skillful and attractive channelization of traffic recently completed at the Main Street- Tiburon Boulevard-Paradise Drive intersection, to Hhich Drohan agreed. x. AD JOURNl1ENT There being no further business, the meeting was declared adjourned at 11:59 P.M. Approved by the City Council on: r/~ - - 1967 " ('/ I I {II. 1,'1 /. ( -l --( NAYOR F THE CITY OF The City Attorney was recognized who reported that in a recent telephone conversa- tion with the Noels' counsel, Mr. Keith Richards, he had been assured of the owners desire to cooperate with the City and surrounding property owners. Mr. Richards had stated that rains during the last few ~~eeks had made a substantial change in the situation and in his opinion, the house ~~as no longer salvageable and the owners would not oppose any action of the Council directed toward its removal. The City Attorney advised Mr. Richards would send a letter to the City confirming their desire to cooperate ~~ith the City and hold the City harmless from any liability The Chair called upon the City Engineer, ~Jho reported the residence has continued to slide but that if and when the dwelling collapsed, it would be his subjective opinion it would tend to collapse on itself, falling onto the hillside, and not a hazard downhill from the structure. He stated that as long the condition was not dangerous or substantially it would be his opinion the building should be any additional heavy rains next fall present as no person was differe~t than several removed and the slide weeks ago cleaned up before to properties near the s truc ture , but Bremer presented bill dated May 24, 1967 22, 1967 and continued to this date on they were negotiating for sale of the slide so further inspections might be property made stating the public hearing was opened May representation of the Noel's counsel that and awaited stabilization of the Having opened the public the request of the subject on the matter of abatement dance with Ordinance No. 59 on May 10, 1967 to come and nuisance to be abated by its removal becoming a lien upon the property hearing on May 22, 1967 and continued to this date at property m~ners, the Chair declared the hearing continued of the public nuisance at 34 Reed Ranch Road, in accor- and notice duly served upon Mr. and Mrs. Raymond D. Noel show ~~hy said house should not be declared a public demolition the cost of such abatement ca use or ABATEMENT OF PUBLIC NUISANCE 34 Reed Ranch rroad Resolution No. 151 IV III.~ APPROVAL OF HINUTES Moved by Fanning, seconded by Drohan, that Minutes #l10 for the regular meeting held May 22, 1967 be approved as submitted. Strawbridge reported the Minute Clerk had requested correction of page 6 by inserting the fol1m~ing between paragraphs one and two under "Telephone In Lieu Tax": "Moved by Strawbridge, seconded by Hoffmire, that letters of ~upp~rt for AB 2395 and ACA 74 be addressed to Senator McCarthy and Assemblyman Ba~le " 1~ith this correction noted the question was called for and motion unanimously passed PUBLIC HEARING The Chair welcomed to to the City Manager to and Recreation Commission the Staff Mr. Russell Melquist, help in administrative matters recently hired to act as Assistant as well as Secretary to the Parks Lawrence D. Rose, City Manager Phil V. Scott, Development Administrator Robert I. Conn, City Attorney Ray H. Foreaker, Jr., City Engineer Louis Brunini, Superintendent of Public Samuel Shapero, City Treasurer Russell Melquist, Assistant to the City Hanager Horks EX OFFICIO ABSENT COUNCILIvlEN None Bremer Drohan Fanning Hoffmire Strawbridge PRESENT COUNCILNEN II The regular meeting of the City Council of called to order by Mayor John S HofEmire Hall Council Chambers. ROLL CALL the City of Tiburon, State of Jr at 8:09 P.M. on June 12 California, lIas 1967 in the City I. CAL Hinutes iF 111 CITY CITY COUNC IL OF TIBURON 12 June 1967 Drohan asked the $ 70,000 lat'lsui t assuming the Council were not protesting, order that removal could be City Attorney Hhether the City's liability under would be increased by the removal of the house were to act on abatement at this time and could the IS-day waiting period of the commenced in the next seven days and, since ordinance the pending secondly, the owners be waived in Fanning recalled of the slide, Mr. only but it would Chair to which the that Mr. Thomas de~lund had some engineering estimates on repair deMund being recognized and responding these were pre1llninary be substantially more than the $10,000 figure volunteered by the City Engineer agreed the cost would probably exceed $10,000 The asked the City Engineer tlhether it of property to remove the drop-off after Engineer stating the contour of the lot slide repaired but he was not prepared engineering would cost Chair the t'lou1d to offer an might be possible the structure have to to bulldoze the top were removed, the City be changed and possibly the estllnate of what the soils Mrs. Shirley Silvestri, 42 Lower North Terrace, playground not being available, children of the the increasing number of sightseers traffic hazard for these children, Ranch Road since this slide damage coming stating had occurred to viet-l traf f ic was recognized stating an adequate area play in the streets and with the property, this poses a had increased 100% on Reed Mr. Robert D. Hayes, 32 Southridge Road, was recognized and school vacation coming, and the attraction this house could Council to take immediate steps to remove the hazard before occurred stated become, a serious that with he urged the ace ident its tla s a t-le igh f- real Mr. G. school the attractive situation. He indicated this J. Origlia, 37 Reed would be out on June nuisance this commented also t'las now a "dis tressed Ranch 14th Road was recognized calling attention to the fact and with more children then playing in the area property represents will increase the hazardous that offers made on his home, which is now for area" . sale Mr. Thomas deMund, before the Council be removed as a danger In addition to expressing concern called to the Council's attention perty and supported the position 39 Terrace Court, that he had appeared previously with a requesting the house to his property, subject structure for his family and property, Mr. deMund also the 12,000-vo1t pm'ler line near the subject the house should be removed pro- was recognized recalling letter from his attorney which lies below the greater removed covered Mr. Don Tayer, President of the Reedlands Property Owners Association, was recognized and referring to the City Engineer's statement that there was a 90% chance that the house, t"hen it finally fell, would fall in on itself, expressed concern about the 10% chance the house might slide downhill and endanger structures below, and felt on this basis alone the house constituted a danger to surrounding properties tlhich would justify an abatement order. He stated further that in view of the recent unusual rains, the possibility of another substantial rainy spell was not remote. His primary concern was that children and others might be attracted to the house and cause it to collapse, endangering themselves and others and for this reason alone strongly supported abatement of the public nuisance. condition of the property once the structure was removed, Mr. Tayer left Hith a sidewalk and steep drop off, perhaps a he could not see where the danger would be any and that if the house and all appurtenances were continue to stick out of the ground should be Concerning the felt that if the property low fence could be erected than other Tiburon any structure that t'le re but areas might insofar as removal was concerned, but reserving owners' rights under the present lawsuit in which the City is a named defendant. On behalf of the mIners, Mr. Richards had requested that they be allowed until June 1Sth to temove some things from the home; and had offered the thought the City might wish to take some action in consideration of the hazard that might exist after removal of the house by constructing a fence to prevent persons from stepping off the sidetJalk. Mr. Richards had stated that since the owners were not opposing the action contemplated by the City, neither he Mr Noel or any representative would be present at this hearing Minutes 1/111 City Council -2- l2 June 1967 NOES COUNC lLMEN None AYES COUNC IL:HEN Bremer Drohan Fanning Hoffmire Stral-lbr idge Question on the main motion 1;-la s ca lIed for and unanimously passed ABSENT COUNCILNEN None NOES COUNCILMEN None AYES COUNCILNEN Bremer was called for and unanimously passed Drohan Fanning Hoffmire Strawbridge Question on the amendment The the property be tion to the proposed to speak against the hearing closed if there being no City that in opposi- any persons present wishing response declared the public Chair acknowledged that 51 written requests declared a public nuisance amendment He asked abatement and there had been received by the and abated, and none received were Mrs. Trakenias values go dm-ln 24 Southridge East, was recognized noting tax receipts will decrease Drohan then offered an amendment to the motion, resolution embodying this purpose be introduced that if the property seconded by Strawbridge Mrs the be asked matter Shirley house Silvestri was again recognized and would go out to bid, the City Manager whether this might not be inconsistent that inquired whether the removal of suggesting that the City Attorney with the emergency nature of the a Mrs. Bea any kind property Hood, L:-3 of fence if they Upper North Terrace, Has could be erected which 'v ished recognized would keep children stating she from did not believe entering the Bremer stated he did not want to incur confirmed his motion ,,,as directed only liability for the to removal of the slide itself structure and Fanning Moved by Fanning Ranch Road to be at the earliest certain items a public possible from the seconded by nuisance a 1101;'1 time house Drohan, for ing that the City declare the reasons stated and the owners to June IS this home that it 1967 to remove at be 34 Reed abated Mr. Don Tayer was be some liability gence on the City agreed again recognized to the City in removal s part for failure to stating that he as Bremer had , felt there might remove the structure stated a 1 so be to might ne g 1 i- which Bremer dis- there some Bremer inquired Engineer should be uhether replying it sought on ,,,as the the City would be required to restore the bank, his opinion this would be done but an expert's soil mechanics aspect the City opinion The City collapse if it The City Engineer gets to be a Attorney replied that if there were 'lent through the next winter, that the question of the vertical bank at problem added as a public stability of the top of the substantial rains nuisance the and th t-lou1d street ...v slide becomes auentually greater house could constituted ot-lners City's protection attorney that liable. The no objection The to to City l-laive remove had sliding private surrounding property owners Attorney replied he believed the attorney for the owners WI the IS-day Haiting period, although they did wish to have certain things from the house; and concerning the City's ..~u..i indicated a willingness to execute a hold-harmless agreement for in matter and that the owners, having advised through no longer salvageable, would be the pr~ary persons further advised the City's insurance carrier would have the home insofar as the lawsuit is concerned this the home is City Attorney to removal of property values property indicated nuisance and it Hilling 15th the Minutes 4,111 City Council -3- 12 June 1967 Fanning proposal lighting stated he was not against having a policy but objected to noting also it omitted mention of who would be required the tone of the to pay for the The City Manager spoke on the desirability of a policy standard in advising citizens who desired street lights B's use in evaluating the need for such lighting provide some consistent and referred to Exhibit Strawbridge stated that paragraph two under the differences in neighborhoods and their II, page ,\1 ishe s be to two, attempted to recognize deferred to that as the lighting areas of were areas of the City that did not views. He stated he was, therefore, not statement that installation of such street conditions of approval of a subdivision Fanning promote there night the stated street he interpreted for all resolution the and policy, it appeared to City and did not recognize the fact wish street lighting in order to protect in favor of it and further, opposed lighting shall be included in the Moved by OF THE CITY Strawbridge, seconded by OF TIBURON ADOPTING A Bremer that Resolution No. 152, A STP~ET LIGHTING POLICY be adopted maintenance setting forth and B setting an evaluation Strawbridge presented agenda bill dated Services putting before the Council the assistance of the Development Administrator, and replacement of street lights the purposes of establish such forth the organization of light respectively general proposed street June 6, 1967 Committee's RESOLUTION of the Committee on Public report, prepared with the concerning a policy on installation, for the City of Tiburon. A resolution policy, and accompanying Exhibits A for a master street lighting plan and were read by Strawbridge POLICY ON INSTALLATION MAINTENANCE AND REPu\CEMENT OF STREET LIGHTS the Chair the meeting reconvening at 9 V RESOLUTIONS A short recess vias declared by 19 P.M ABSENT COUNCILMEN None NOES COUNCILHEN None Strawbridge AYES The second suggested amendment made by Drohan and that made by Bremer, having been accepted by mover Fanning and seconder Drohan, the question was called on adoption of Resolution No 151 as amended and motion unanimously passed COUNCILNEN Bremer Drohan Fanning Hof fmire The Chair inquired t~hat funds were available for the abatement costs Manager responded the money would come from the Contingency Fund. Bremer stated he was commenced and of said resolution take all necessary eXDiration of the and owners. waiver in writing before abatement the following within the last paragraph the City Manager of the City of Tiburon to abate said public nuisance, fo11owin the unless waived " the City Drohan suggested that since no objections fourth paragraph of the resolution be changed to and no rotests to the rODosed abatement of said abatement that the ~o obiections and" The City could be Attorney included stated that costs incident to the in the abatement lien securing of the property Drohan offered an amendment the sentence to the resolution deleting the In discussing the last the said City Manager the public from any danger..." audience felt the requirement sentence of to have the resolution stating ".. constructed such fences as may the Chair, in agreeing with statements of the fence should be removed last-cited portion of .and further authorizes be necessary to from protect the Moved by Fanning, seconded by Drohan, that Resolution No. 151, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON DECLARING THE STRUCTURE AT 34 REgD RANCH ROAD A PUBLIC NUISANCE be adopted The City Manager then read Hinutes #111 City Council the proposed resolution -l~.- 12 June 1967 ABSENT COUNCILHEN None NOES COUNCILI1EN None AYES Strawbridge moved, AMENDING RESOLUTION NO FISCAL YEAR 1966-1967 unanimously passed COUNCILMEN seconded by Fanning, that Resolution No. 153 139 ~'ffiICH ESTABLISHED THE ANNUAL SALARY BY PROVIDING ADDITIONAL CASUAL POSITIONS Bremer Drohan Fanning Hoffmire Stral-lbridge A RESOLUTION PROGRAM FOR THE be adopted; salaries services were $250.00 monthly The City Manager aides listed and the the as recreation director, as previously Parks and Recreation Commission at concerned as he whereas 'tole re involved understood the six weeks of Commission had asked agreed. this time stated he had heard the City of would participate in the total Belvedere would hire one of the of $1,000 for the two cities for He stated he was not sure whether was under or over-budgeted as far the recreation director's only for two months at City Manager that of casual positions On behalf of the City Manager, dated June 1, 1967 questing adoption of a resolution to Annual Salary Program positions of a recreation director and two recreation aides approved when the Summer Recreation Program was authorized on May 22, 1967. It '~as noted by the the accompanying Exhibit A added these positions to the list already enumerated Strawbridge presented bill include within the re- the ESTABLISHMENT OF CASUAL POSITIONS FOR SUMMER RECREATION PROGRAM ID1PLOYEES Resolution No 153 ABSENT COUNC ILIvIEN None NOES COUNCILMEN None Fanning Stra,,,bridge AYES Strawbridge accepted this amendment for and motion unanimously passed COUNC ILHEN Bremer Drohan Hoffmire and question on the amended motion was called CITY OF TIBURON In Appreciation for Service as " Name of reci Bremer suggested the resolution be corrected by inserting, on the last sentence under (1), liThe Medallion should be mounted upon a plaque bearing an inscription reading as follows Moved by Bremer, seconded by Strawbridge, OF THE CITY COUNCIL OF THE CITY OF TIBURON MEDALLIONS AND CITY KEYS be adopted that Resolution No. 152, A RESOLUTION ESTABLISHING POLICY FOR THE AWARD OF On behalf 1967 and of the conveying a keys to persons Public Services Committee, Bremer presented bill dated June 6, drafted resolution establishing policy for the award of medallions the City wishes to honor POLICY GUIDING THE AWARD Resolution No l52 OF CITY MEDALLIONS AND KEYS The Chair directed the matter re-referred to Committee and continued to give the Committee an opportunity to present a revised draft for the Council1s considera- tion Strawbridge agreed this first draft could be so amended and Strawbridge~ \~ith Bremer1s consent was then withdrawn Bremer suggested adding that lighting in any view of the area, and amending the policy to ing would be done at the subdivider1s lighting of their area should bear interest. the City should bear the Hinutes 1f1ll City Council the expense -5- expense, cost but the motion made by area must be compatible with the state that new subdivision's 1ight- that any group who wished specific if an area were of great public 1967 12 June tion west presently at proper grade, which would then discharged by pumping from the firehouse culverts were installed by the condition of their use permit, a blanket permit received from flm.J of Haters property. The report also noted developers of the adjacent Tiburon Lodge as and the City granted the encroachment permit the State Division of Highways. unde r are not be i ng the a On behalf of June 6, 1967 of three the Tiburon Fire conveying the culverts reques t of the Protection District, of the District Tiburon firehouse, a1lmv a better Bremer presented bill that the City cause vlhich it is dated reconstruc- claimed RECONSTRUCTION OF DRAINAGE CULVERTS EAST SIDE OF TIBURON BOULEVARD SOUTH OF BEACH ROAD ABSENT COUNC ILMEN None NOES COUNC ILMEN None AYES Moved by StraHbridge, seconded by Fanning be adopted unanimously passed: COUNCILMEN Bremer Drohan Fanning that the City Manager Hoffmire Stra"(o}bridge approved last year but at order a provision made in payment of the charge stated, and that year 1967-68 s the the City Council to provide for reconune nda t ions contract the the with contract fee now budget for the fiscal The Chair presented bill dated May 24, 1967 covering the offer of Sleezer & Eclmoff to conduct the audit of the City's books for the 1966-1967 for a fee not to exceed $850.00, and rendering a long-form later than 60 days from the close of books on June 30, 1967. It was Manager's recommendation that the firm's offer be accepted and the be authorized to execute a said firm similar to of year report not the City City Manager contract the firm fiscal APPROVAL OF CONTRACT FOR ANNUAL AUDIT OF FISCAL YEAR 1966-1967 The Chair directed Drohan received districts request financing private development be Committee an opportunity to study the matter continued continued this to to report the next regular meeting stated that inasmuch as the Legislature's he Hou1d had just ~"~~^~ of special districts for al10\-1 the USE OF ASSESSMENT DISTRICTS FOR FINANCING PRIVATE DEVELOPMENT ABSENT COUNCILMEN None NOES COUNCILHEN None AYES Fanning moved, seconded by Bremer, that hold harmless agreement to the Reed Union sponsored by the Tiburon and Belvedere Parks School on June 30 1967 unanimously passed COUNCILMEN Bremer Drohan the City School and Fanning Manager be District for Recreation Commissions Hoffmire authorized the dance Strawbridge to execute a to be jointly at the Reed The City Manager stated that as the City of Belvedere was participating he would expect the School to require the same agreement from that city It was School all be the sense of the Council District and that in the included within the in that the City Manager could sign a release of the Reed future, provisions for summer program functions should Commission's budget the program The City Attorney suggested, in connection the City's insurance carrier be contacted The City Manager stated he had been asked today to seek authorization from the City Council for holding harmless the Reed Union School District at the Reed School under the Summer Recreation Program. He stated to have two Tiburon policement stationed at the dance and that 200 would be sold for this cost as well as hiring the two bands while it would be self-sustaining, the successful other dances meet the s unnne r to pay was hoped the dance deficit if any If '.lith signing a hold-harmless City might be would be scheduled sponsored the Commission wished tickets at 50~ each and a janitor; that requested to during the agreement that by Parks and Recreation Commissioner the signing of a release from liability for a dance to be on June 30th a Summer Recreation Pr02ram Dance Hinutes {plIl City Council -6- 12 June 1967 Fanning suggested that consideration be given to undergrounding the large cables going through neighborhoods, and not serving these neighborhoods, and suggested that these be undergrounded on Tiburon Boulevard, which would then make undergrounding of the neighborhoods more practical The Committee agreed to take this suggestion under con- sideration Bremer commented that Engineer commented that had advised this would pose streamlining had been eliminated the grade raise particular Hhere no from consideration; and the on Tiburon Boulevard was contemplated problem in the undergrounding City he fruitful meeting had been held with representatives of the Pacific Company and Pacific Telephone Company on an undergrounding program for The City Engineer added the utilities are interested in undergrounding all can be accomplished under the funds which will be available for this purpose estimating that $22,000 a year might be received, and a priority list had been prepared (1) extension of undergrounding from end of present undergrounding district to the City Hall, down Main Street to Beach Road; (2) all of Beach Road; (3) Tiburon Boulevard from end of underground district down to San Rafael Avenue; (4) balance of Tiburon Boulevard; after which a priority list would be established for the various neighbor- hoods of the City Bremer reported a Gas & Electric the City. areas that Undergrounding,Program VIII Having received this indication of the Appellants willingness Chair directed the matter continued to the next regular meeting UESTIONS to matter intention concerned and ruling is received to continue The City Attorney reported the Court has sustained the demurrers of the Railroad and Defendants Demaurex, et aI, to the City's complaint, and it was the City's intent file by June 16th a first supplemental and first amended complaint and the will be set down for argument. He stated Mr. Demaurex had announced his to cooperate with the City so far as this particular matter was to delay hearing on this appeal until such time as the Court's the bill on January 17 consent of Appellants demurrers Drohan presented Council dated 1967 in anticipation of Hay and 24, 1967 continued a stating this appeal regularly since that ruling in Superior had been before time with the Court on certain APPLICATION FOR USE PEill1IT TO ESTABLISH PAID{ING LOT ADJACENT TO PARADISE DRIVE BETWEEN TIBURON BOULEVARD AND Weinberg and Demaurex et al Appellants MAR t~E S T the VII APPEAL ABSENT COUNCILHEN None NOES COUNCILNEN None AYES Moved by Straubridge, situation is corrected COUNC ILl1EN Bremer seconded by Bremer, unanimously passed Drohan Fanning Hoffmire Strat-lbridge that the City will see that the culvert Bremer then uithdreH his motion necessary The City Engineer Mr. George Drejis, Secretary of the Tiburo Fire nized stating the City Council had been aw, e District's engineer had made studies, and .1.u City Engineer, and they were now only asking adjoining developer. He stated the District 15th and they could take no further steps the remedy of the culverts would be made action acknm.Jledged that he had at was recog- 1965, the been gathered by the that this correction be made by the s budget was being considered on June in flood control until they were assured and he requested the Council to take such Protection District of the situation since .!'-"formation had hand all information Moved by Bremer that the matter be referred study and investigation and that he then be Council to Tiburon's City Engineer for further requested to submit a report to the Hinutes 11=111 City Council ~'7 - 12 June 1967 The Chair reported a great deal of comment had been received on the just- concluded Lxperimental run of the motorized cable car in downtown !iburon and along Tiburon l1otorized Cable Car The Chair reported that Strawberry residents on the petition for an annexation election lere actively and were meeting on ';'lorking this to obtain subject signatures this date Annexation The Chair then directed the offer of making a presentation previous invitation be referred City to to Manager to contact the City Council. in such communication with Mr. Phil Drohan Ehrlich suggested the Housing and place that the Authority the Chair s The Chair stated the missioners and TPAC, the bring the matter before the Ehrlich and Mr. Stutsman of to bring the matter before to do so to which Drohan subject and had been discussed individually with Councilmen and Housing Authority had been offered an opportunity to City if they desired. Strawbridge stated that since Mr. the Housing Authority had both recently indicated a desire the City that an invitation should nmv be extended to them Bremer and Fanning expressed agreement Committee communicat':"""" Strm.,bridge the Hilarita to present abandon the the its position property in to future use matter and respond Com- documents pertaining to the future of the land on which ated: a letter from the Tiburon Peninsula Advisory rom the Housing Authority dated April 5th, and a He stated he felt it was important that the' manner but that the Housing Authority should be the disposition of the lands when He mentioned the different attitudes property, and asked that the Council Housing Authority's request to make as to 1968. of the to the Hilarita Housing Prolect City of bringing this meeting of the Chairman promising he a joint-landscaping project ~"i th a joint the reference to Mrs. Samuel Hann's previous appearance before the Council concerning landscaping project involving portions of Tiburon Boulevard and the limits of Belvedere, Drohan reported he had been called by Mrs. Mann and was again Council's attention. The Chair stated he had attended the last and Recreation Commission and had put the matter before them, the \"lould contact Mrs, Nann and see tvhat could be worked out for a in the area previously described to the Parks Joint Landscapin copl'"'''' City had to it" on Tiburon Boulevard copies for copies of meeting on June Commissioners and two of the ordinance prepared the proposed zoning 22, 1967. Upon finding staff. the Chair directed for distribution Zonin Fanning reminded the Council that one Planning Commissioner the next meeting. The Chair replied that this meeting t~ould Session at its conclusion in order to discuss an appointment Ordinance term is recess to for this position expiring before Executive s Planning Co~~issio~ The City Engineer also feasibility of a canal reported that the railroad for downtown drainage planners would report shortly on the Fanning inquired about the status of the railroad's petition present lines through Tiburon, the City Manager stating the an extension for completion of the Puerto Suello Tunnel to the question of the dangerous condition of the tunnels and be responsible for maintaining them after abandonment The the City Attorney contact the PoU.C. counsel tunnels upon abandonment and if a provision in the P.UoCo's order granting permission to Attorney to make such inquiries. s included City . and determine for their abandon what ma intenance The Chair directed October 31. t-Jhe the r the City Manager suggested will happen to the should not be the to abandon use railroad had of its just requested Fanning raised railroad will that Railroad Abandonment Hinutes 1fllJ City Council -8- 12 June 1967 Minutes /fIll City Council -9- 12 June 1967 Boulevard, and complimented the City Manager on raising the funds necessary to under- take the project. The Chair announced there would be a City Council meeting on Thurs- day, June 15th, at which time the public could discuss the possibility of continuing the service. IX. EXECUTIVE SESSION At 11:02 P.M., the Council recessed to Executive Session to discuss the appointments of Board and Commission members. x. ADJOURNMENT There being no further bu~iness, at 11:40 P.M. the meeting was declared adjourned until June 15, 1967 at 8:00 P.M. in the City Hall Council Chambers / ~ ! Approved by the City Council on ~cU 1967 '" I d lA/1 (/ I /' I" " MAYOR OF THE CITY OF MAYOR '1., '. J.'=> Approved by Council on 1967 There being no further business to come before the Council Chair ordered the meeting adjourned sine die. x ADJOURNMENT at 10:20 p. m. the At 9:40 p.m., the Council convened in Executive Session for the purpose of discussion appointments to Boards and Commissions IV. APPOINTMENT OF PUBLIC OFFICERS The committee was charged with an investigation of the availability of various types of equipment; the possible methods of operation, including but not limited to public operation or franchising of private operators; methods of underwriting, including federal assistance, Transit District and Local Agency grants,.fares, business contributions and public su~scription. The committee was also invited to pursue the subject introduced by Fanning that service could possibly be extended through utilization of school buses being operated by the Paget system at times other than school transport hours The meeting having been called to receive comments on the success of the recent experiment of operating a model of a local transit system which con- tinued in experiment for nine days, the Mayor solicited comments. Discussion was had on the apparent success of the project and the Chair appointed an ad hoc committee of Councilmen Bremer and Fanning, together with the City Manager and the President of the Tiburon Chamber of Commerce, Mr. William Howell. An invitation was also extended to Mr. William L. Cavalli, City Manager of the City of Belvedere participate in the work of the committee III REPORT ON TIBURON Lawrence D. Rose, City Manager Louis Brunini, Superintendent of Public Works Russell Melquist, Assistant to the City Manager TRAM EXPERIMENT EX OFFICIO ABSENT COUNCILMEN Drohan Bremer F ann ing Hoffmire Strawbridge PRESENT COUNCILMEN II ROLL CALL The adjourned meeting of the City Council of the California, was called to order by Mayor John S. on June 15, 1967 in the City Hall Council Chambers City of Hoffmire, Tiburon, Jr. at State of 8: 05 . m. p Minutes 1;112 I. CALL TO ORDER CITY COUNCIL l5 June 1967 .." ABSENT KOSS COUNCILMEN: COUNCILMEN: COUNCILMEN Fanning None AYES Bremer Drohan, Hoffmire S tr awbr idge Question on the motion was called for Strawbridge commented the policy statement was improved, and Drohan commended the Committee on its excellent job of incorporating the previousl~expressed sugges. tions. Drohan inquired whether PG&E assumed the responsibility for repair and ~aintenance of the lighting, the City Manager responding that the City pays for the power through a flat rate billing and is billed for bulb replacement, PG&E assuming all other maintenance. and unanimously passed Moved by Bremer, seconded by Strawbridge, that the amended resolution be adopted, RESOLUTION NO. 150, A RESOLUTION OF THE CITY OF TIBURON ADOPTING A StREET LIGHTING P~Icr. Bremer presented bill resolution and exhibits maintenance and replacement tions made on June 12, 1967 dated June 15, 1967 placing before the Council an amended concerning a general statement of policy on the installation, of street lights, revised in accordance with the sugges- uhen the policy was first introduced to the Council. POLICY ON INSTALLATION, Resolution No. 150 MP..INTENAt:CE M~ REPLACEMENT OF STREET LIGHTS Moved by Strmvbridge, passed. ):Y.~~B,ES~UTIONS seconded by Dro!lan, Miss Anne Ellinwood was recognized and suggested that Minutes #108 for the meeting held l~ay 1, 1957 be corrected to indicate it was an "adiourned" rather than a special meeting as it h&d been adjourned fro~ April 24th. that Minutes #108 be so corrected unanimous ly ~oved by Bremer, June 15, 1967 be seconded by Strawbridge, that Minutes 1112 approved as submitted; unanimously passed. Uoved by T.....~ 12;) Drohan, 1957 be seconded by Bremer, that Minutes #111 for approved as submitted unanimously passed. for the adjourned meeting held the regular meeting held III APPROVAL OF MINUTES ..,.. Lawrence D. Rose, City Manager Phil V. Scott, Development Administrator Robert I. Conn, City Attorney Ray W. Foreaker, Jr.,City Engineer Louis Brunini, Superintendent of Public Works Samuel Shapero, City Treasurer Russell Melquist, Assistant to the City Manager EX OFFICIO ABSENT COUNCILM3N Fanning Bremer Drohan. Hoff"::nire S tr av7~r idge PRESENT COUN'CILM3N II T~e regular meeting of the City Council of called to order by Mayor John S. Hoffmire, Hall Council Chambers. ROLL CALL the City of Tiburon, State of California, was Jr. at 8:10 P.M. on June 26, 1967 in the City - I. CALL TO ORDER Minutes f/113 CITY CITY OF TIBURON COUNCIL 26 June 1967 ABSENT COUNCILMEN Fanning NOES COUNCILMEN None AYES Moved by Drohan, seconded by Bremer, that Resolution No. 156, A RESOLUTION TRANS- FERRING GAS TAX MAINTENANCE MONIES FROM THE GAS TAX FUND TO THE GENERAL FUND, in the of $13,524.34 specifically for the accounts payable for maintenance of the ojects named, be adopted; unanimously passed: amount two pr COUNCILMEN Bremer Drohan, Hoffmire, Strawbridge ABSENT COUNCILMEN COUNCILMEN None Fanning NOES AYES COUNC ILMEN Bremer, Drohan, Hoffmire, Strawbridge Moved by Drohan, seconded by Bremer, that Resolution No. 155, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ADOPTING BUDGET FOR EXPENDITURE OF FUNDS A~LOCATED FROM THE STATE HIGHWAY FUND TO CITIES, be adopted; unanimously passed The City Manager then read the first submitted resolution in full. The City Manager then placed before the Council resolutions concerning the transfer of gas tax maintenance monies from the Gas Tax Fund to the General Fund-:-.the f.irst resolution being required to adopt the budget for expenditure of funds allocated from the State Highway Fund to Cities, approved by the Council .0n.May 23~ 1967 and now formally accepted by the State Division of Highways; the second resolution tra~sferring $13,524.34 from the Gas Tax Fund to the General Fund to pay for the cc~pleted maintenance of the overlay of Paradise Drive ($5,501.76) and paving and overlay of Trestle Glen Boulevard, Be1veron West and Seafirth ($8,022.58), maintenance monies which must be transferred prior to the end of the fiscal year in order that they not revert to construction funds R~3QLUTIONS CONCERNING TRANSFER OF GAS TAX MAINTENANCE MONIES FROM THE GAS TAX FUND TO THE Resolution Nos. 155 and l56 GENERAL FUND l':..Ef: ~~IT AYES NOES COUNCILNEN ILMEN CO~!NCILMEN Fanning None Strawbridge COUNe Bremer suggested the resolution be corrected by substituting the words "No Parking for "No Stopping" as it appears in the resolution following "Section I." The matter of the 30-minute limitation was discussed and it being the sense of the Council that this would be appropriate action, question was called on the motion and unanimously passed Bremer Drohan, Hoffmire, Moved by Bremer, seconded by Strawbridge, that Resolution No. 154, A RESOLUTION OF THE CITY OF TIBURON DEFINING AND ESTABLISHING A NO PARKING AREA ON MAIN STREET, be adopted. Bremer presented bill dated June 20, 1967 conveying the City Engineer's report on discussions with the Main Street Merchants Association to tmprove traffic circula- ticn in the downtown area by making parking more restrictive on Main Street. An informal poll taken by the ulerchants had indicated they recommended a 30-minute parking limit on the north side of Main Street during the week, and no parking on Main Street on weekends and holidays. It was the City Engineer's recommendation that if the Council agreed, a resolution be adotped to restrict parking on Main Street on weekendc and holidays and the Council take note of the Cit~ Engineer's intention to limit the parking to 30 minutes during the week. NO PARKING ZONE NORTH SIDE OF IN WEEKENDS AND HOLIDAYS Resolution No. 154 Minutes //113 City Council MAIN STREET 2 26 June 1967 Strawbridge read the proposed resolution in full. Strawbridge then read agenda bill dated June 23, 1967 putting the program before the Council with the Administration and Finance Committee's recommendation that the resolution establishing such Annual Salary Program for 1967-68 be adopted. Strawbridge commented that the Committee had met with the City Manager last week, reviewed the proposed increases, and with the cost-of-living index rising another 5% recommended the salary adjustments indicated. In noting the three new positions outlined, Strawbridge stated it was felt a police clerk would relieve a man for patrol duty; in view of the rather extensive planting program recommended by the Parks and Recreation Commission, an additional maintenance man would be necessary to support that program; and further, that the additional Deputy Sheriff's salary was not completely out-of-pocket because this will take up some slack in the vaca- tion time paid to the County, and with additional revenue accruing from fines and tickets, this position might almost pay for itself. The City Manager pointed out that while these positions might be authorized, until the Council budgets the monies they could not be filled, and with further budget discussions, it could then be determined if it would be possible to fund these positions The City Manager pointed out that no new positions were affected in this program; that through oversight, Exhibit B with various salary ranges was to have been bracketed or underscored to indicate the pertinent salaries affected. He then read the following steps now proposed for personnel: Greup I - Functional: No. 25 (Lindstrom), Range 7-B; No. 24 (Brooks), Range ll-B; Group II - Supervisory: No.1 (Mirata), Range 10-A, No.2 (Hobbs) Range 11-A, No.4 (Melquist), Range 15-A, Group IIL~Administrative: Nos. 10 and 20 (Scott and Brunini), Range 27-B. On Exhibi~ "E", 'the City !:~nager noted that the $200 allocated for vacation relief should be stricken. The City Manager then continued to outline the provisions of the seven e~{hibits which were attached to the proposed resolution to adopt such Annual Salary Program, stating that the increases represented roughly two ranges, or 5% increase. Strc::'7bridg3 stated that if his objection were duly noted, he would be willing to cO~Bider the matter now, considering the difficulty of setting a special meeting. Drohan agreed although he wished time to be devoted to its consideration, and Bremer stated he too hadn't had an opportunity to study it but assumed the Committee had prepared its recommendation on the basis of some study but expressed concern about the opportunity for the public to be aware of the action being considered. Mrs. Mary Price was recognized and asked if the City employees hadn't received a "'~.ise in March of this year, to which the Chair replied the action taken then had been to reimburse the employees for approximately the amount their take-home pay had been reduced by reason of entry into the State Employees Retirement System, to which Mrs. Price commented that all employees have the problem of large pay deduc- tions but she kn~l of no one who gets a raise twice a year. A date and time for such special meeting was discussed. Drohan questioned why meeting ani be passed possible to act on sal this material was review it before just takir~.g this cculdn't come regularly before the Council at its next retroactively, the Chair informing Drohan that it was not aries retroactively. Drohan agreed with Strawbridge that now before him, he would prefer having an opportunity to action. as The City Manager explained the program had been late in being submitted to the Administration and Finance Committee, whose meeting was held after preparation of the agenda, but fo11~Jing the Committee's action, he had notified the press the matter of the Atinua1 Salary Progra~ and City Manager's salary would be before the Co~ncil at this time. Strawbridge commented that in view of the fact the Annual Salary Program did not appear on the agenda, it would seem more appropriate to have a special meeting at ~.:,hich this could be taken and the public notified so they might attend if they wished to do so ANNU.:\L SALARY PROGRAM Minutes 1;113 City Council FISCAL 1967-68 3 26 June 1961 Strawbridge asked if it might not be possible for the Staff and City Attorney to review the procedure followed and report to Council at another meeting prior to proceeding further. The Chair responded that to the best of their knowledge, the Council had adopted the Master Salary Plan. The City Attorney in attempting to recall the action taken, stated action was taken on 2 or 3 resolutions and they were passed with reference to this. Miss Ellinwood stated Ordinance 72 and Resolution 139 and 140 were the matters acted upon and there was no resolution with a Master Salary Plan containing the necessary elements. Miss Anne Ellinwood was recognized, referring to previous communication with the Councilmen and the hope the view expressed would be observed if it had been found reasonable and realistic as the viewpoint of the community. She stated no one in the community would want the City employees unfairly compensated, but believed the basic element was doing public business in a public manner. She stated the ordi- nance requires adoption of a Master Salary Plan before adopting an Annual Salary Program, and this action was not taken by the Council on February 27, 1967. By letter, she had so advised the City Attorney. Secondly, in speaking to the range, she btGt.ed under the ordinance ranges were established for promotion and this proposal was tampering with the ordinance. She saw no justification for automatic increases to every employee on July 1 when salaries had been adjusted in March. She suggested the Council could pass an Annual Salary Program reflecting the present ranges and after fall review of the budget make adjustments about the salary picture. She questioned the manner of computing per diem, stating instead of dividing the annual salary by 365 days, the hours per week should be multiplied by 52 and divided by the annual salary. Drohan stated he was not necessarily objecting to the increases, but that increases based on exceptional merit, he"knew of increases of 12% in a year, with the average being 7 to 8%, but stated this represented a 9 to 10% increase over the past year and he would not expect to see more increases in the very near future. Further, that if as reported the City's salaries were in some instances below the County average these adjustments should be made individually The City Manager explained the vertical range took into account the ever-increasing cost of living, while the horizontal steps were based on periods of service, and cited statistics of other Marin cities indicating that in some positions, Tiburon was very low on the scale for the same type employment compared to wages paid by these cities Drohan stated it appeared that by changing ranges, everyone's salary came up and it was not, therefore, a selective merit increase. To Drohan's further question, the Chair replied the next review of eligible salary increases would come before thp. Council in December or January In answer to Strawbridge's question, the City Manager stated be eligible in January for another step. Drohan next inquired what this represented as the City Manager replying that with the 3% of amount to 7 to 7-1/2%. some employees would a percentage increase last January on the for the year, average it would Drohan asked why it was necessary to reestablish the ranges and why increases simply couldn't be given by moving up another step and salaries adjusted rather than ranges; also, why it wouldn't be possible to move between steps. The City Manager responded that the range structure remained the same but there were 2-1/2 steps vertically (between ranges) and five horizontal step increases within each range for which the employee would be eligible to move at the end of each full year's employment. Moved by Str~bridge, seconded by 'Hoffm1re, A RESOLUTION ESTABLISHING THE ANNUAL SALARY FISCAL YEAR 1967-68 WITHIN THE FRAMEWORK OF that Resolufion No. 156. be adopted; PROGRAM FOR THE CITY OF TIBURON FOR THE PERSONNEL SYSTEM. THE Minu tes 1/113 City Council 4 26 June 1967 ABSENT COUNCILMEN Fanning NOES COUNCILMEN None AYES Moved by Drohan, seconded by Bremer, that the Mro L~ B. Fleischman unanimously passed COUNCILNEN Bremer Drohan Hoffmire $10.00 filing fee be refunded to S tr awbr idge On behalf of the Development bill dated June 20, 1967 recommending that Mr. L. B $10.00 filing fee sub- mitted with his application for a temporary off-site sign to direct customers to his Subdivision. At its May 22, 1967 meeting the Board of Design Review found no authority for consideration of such application in view of Ordinance 48 prohibiting erection of such sign as requested and directed the Development Administrator to effectuate the refund Administrator, Fleischman Drohan presented be refunded the REFUND File No. OF FILING FEE 5032 - B L Fleischman ABSENT COUNCILMEN Fanning NOES COUNCILMEN None Strawbridge AYES Haved by Stravlbridge, B0conded by Bremer, accepted and the City Engineer authorized unanimously passed COUl\CILMEN Bremer Drohan Hoffmire that the to award . bid of A. J. the contract Bresnan Co. be to this firm; Strawbridge presented bill dated June 20, 1967 carrying the City Engineer recom- mendation that the Iou bid of A. J. Bresnan Co., San Rafael, in the amount of $4:> 781 <:25 be accepted for the paving of the unimproved portion of Hilary Drive and con8t~uction of related sidewalk, retaining walls and guardrails. It was noted that as costs will be shared with the Hilary Heights Subdivision owner Mr who has made a cash deposit to cover his share previously agreed, Leonard Fleischman P,-HARD OF CONTRACT -::: ~_~:2 Imp::-ov(;ments s v MINUTE ORDERS A Strawbridge, \vith Hoffmire's consent, withdrew the previous directed the matter continued to the next regular meeting. short recess was called the meeting reconvening at 9:40 P.M motion Moved by Str~1bride, s2co2ded by Bremer, that a resolution be hereby adopted con- tinuing the salaries at the same level and rates as they are for this fiscal year into fiscal year 1967oQ8, until such time as these salaries have been revised; unanimously passed. Bremer requested that Staff be directed to review the entire subject and the ques- tion raised so that action at the next regular meeting can correct the whole matter if necessary. The Chair asked that Miss Ellinwood also contact the City Manager to which Miss Ellinwood referred the Chair to her letter directed to each Councilman. The Chair A short ment of until the own salary next an discussion salaries was held on at action would be needed to guarantee the pay- after July 1 ~ no action was taken on the Annual Salary Program regular meetingo The City Manager stated with the exception of his oral resolution could be made to continue these salaries. wh ':f The Chair The City Manager this subjecto Miss this date be read into suggested the matter be continued to stated he would have appreciated a call from Miss Ellinwood on Ellinwood then asked that a letter directed to each Councilman the record the next regular meeting. Minutes 4/113 City Council 5 26 June 1967 and unanimously passed Question on the motion was Fire Chief Frank Buscher wes recognized, confirming the District had allocated $10)000 for flood control at its property and the culvert should be corrected so the waters do not then run off to another property called for '.' ~ Bremer pointed out the tion was firm with the a drainage plan within given time allowed the owner was the only modification being that if that period, there would be time same period, that the direc- the railroad were to present to modify the direction Mr. George Drejis stating they were had already Secretary aware this committeed funds of the Tiburon Fire Protection District, was recognized correction would not solve the flooding but the District to correction and they hoped to do the work in 60 days Bremer moved, seconded by Drohan, that Mr. Fred Zelinsky be instructed to correct the drainage culverts in front of the Tiburon Lodge on or before September 1 1967 purfiuant to the City Engineer's report. BremGr asked what the regrading might be. The City Engineer estimating $2,500 to $3,000. The stated he hesitated to require the owner to make this cxp2nditure \1hen the correction would not solve the flooding problem, and felt that as a plan for downtown drainage might be forthcoming in the next few months his action might be postponed cost of Chair DrC:la~ directed three questions to the City Engineer: Should the City Engineer :l~Vc checked the grade of the three culverts? Would the cost be substantially more to correct now than had the culverts been graded properly on installation; acd W2S their negligence on the part of the City? ~he City Engineer replied it was the responsibility of a registered engineer emp10yeed by the owner to certify the grading:> and replied t!no" to the latter two questions the City Engineer, Bremer presented bill dated June 20, 1967 stating June 12, 1967 meeting, the Council had referred to the City Engineer the request of the Tiburon Fire Protection District that the City require the adjacent property m~ner of Tiburon Lodge, to reinstall three culverts to proper gradeo The City Engineer recommended that the City require the owner, Mr. Fred Z21insky, to take the necessary corrective action to regrade the culverts and ditcheJ to an alignme.nt approved in advance by the City Engineer and certified to by a registered Civil Engineer or Land Surveyor retained at owner's expense. The City Engineer commented that while this recommendation was made as a convenience to the District it was his opinion the correction would have no substantial effect on tn~ flooding of the firehouse itself On l:-eha1f of that at its PTp~T-lnTTQl<: DRAINAGE ABSENT COUNCILl1EN Fanning KOES COUNCILMEN None Drohan, Hoffmire S tr awbr idge AYES Hoved b:l Hoffmire, seconded by Litt~an to a four~year term as Un&ni~lOUs ly pas sed COUNCILNEN Bremer Drohan, that the Mayor's nomination of Mr. Allan N a member of the Planning Commission be approved The the Hro "vT-~ .L~.l. Chair stated he had been unable to reach the man he Parks and Recreation Co~~ission, but was pleased to A1lnn No Littman to the Planning Commission for a four-year Alton Lee would like to nominate announce his term, to nomination of replacing The Chair presented his agenda bill dated June 20, 1967 pointing out the P2rks and Recreation Commission Chairman Irving Moulin expires on July 1 and the term of Planning Commissioner Alton Lee expired on June 24 1967 , . term of 1967 COMMISSIONS APFOI~ITMENTS TO BOARDS Hinutes 11113 Cit~7 Council AND 6 26 June 1967 Strawbridge withdrew his available in the 1913 Act allowing them to lean heavily on private responsibility second, but whereby no the stated he still did not like the loopholes financial commitment was made by developers services of the City for what was primarily The Chair requested Bremer Committee. in Fanning serve with Drohan on the s Mr. Ehrlich was recognized and suggested that they meet purpose absence to the Committee for this Drohan withdrew his motion, suggesting material be given to Mr. Heath and Mr. submit to the Committee an analysis of used by combining both Acts that the Ehrlich the with Committee"s report for study and comment report and outline of the and attendant and that they arrangement Mr. Philip Ehrlich was recognized stating his experience with the use of these districts as a historic method of financing used county-wide, and suggested the Council provide interested law firms, contractors and developers an opportunity examine the reports and comment before adopting this policy to Drohan stated the Committee addressed itself to a study of the two acts individually but was not aware of this "hybrid" arrangement and would be willing to withdraw his motion to further examine the subject Mr. Kurt Heath, developer, was recognized stating he had an application for an assessment district now pending and was concerned about the Council's contemplated action. He stated his reasons for preferring the 1913 Act and that by taking parts of the provisions of both acts, improvements had been successfully financed and safe- guards provided to the cities. Mr. Heath recommended the matter be given additional study especially on the combined use of the 1913 and 1911 Acts The Chair expressed concern over this action the area have successfully used the 1913 Act advantages of the 1913 Act. The Chair consider inviting Mr. Ed Nash sent this side of the story. in its analysis found there dation his Committee made pointing out that some developers in in financing improvements and enumerated suggested that before acting, the Council attorney for a firm specializing in bonding to pre- Drohan stated the State Committee had held hearings and were abuses in the 1913 Act which led to the recommen- Moved by Drohan, be adopted Drohan report developers come to the seconded by Strawbridge stated the Lands and Development Committee and had spent a good deal of time on it in the City who would be affected, same conclusions contained therein that the recommendation of the City Manager had studied the Legislative recognizing the fact there and as a result of this are analysis had Drohan presented bill dated June 20, 1967 and attached report of the City Manager to the Lands and Development Committee dated June 12, 1967 concerning the use of assessment districts for financing private development containing the City Manager"s recommendation that based on the experience of the City of Novato and the findings of the State Assembly Committee on Municipal and County Government of 1962, that the Council adopt a policy prohibiting the use of the Municipal Improvement Act of 1913 to raise funds to pay for installation of improvements in new subdivisions, permitting use of the Improvement Act of 1911 if it was the City Manager's finding that such improvements satisfy a broad public interest and benefit. USE OF ASSESSMENT DISTRICTS FOR FINANCING PRIVATE DEVELOPMENT ABSENT COUNCILMEN Fanning NOES COUNCILMEN None Drohan, Hoffmire Strawbridge AYES Minutes 1f113 City Council COUNCIL}1EN: Bremer 7 26 June 1967 ABSENT COUNCILMEN Fanning NOES COUNCILMEN None AYES Moved by Strawbridge, seconded by Bremer be adopted unanimously passed: COUNCILMEN Bremer Drohan Hoffmire S tr awbr idge that the City Manager By report dated June 23, 1967 the City Manager reported that pursuant to the Council's instruction, abatement of the public nuisance at 34 Reed Ranch Road had been concluded at a contract price of $1,500. He recommended that the Council authorize the transfer of $1,500 from the Contingency Fund to the General Fund and that A.ccount C-504, Contract Services, be established in the Public Works Depart- ment budget with a $1,500 appropriation to permit payment of the demolition cost. s recommendation APPROPRIATION FOR ABATEMENT OF PUBLIC 34 Reed Ranch Road NUISANCE ABSENT COUNCILMEN Fanning NOES COUNCILMEN None AYES Moved by Drohan, mine which of the ment: unanimously COUNCILMEN Drohan seconded by Bremer, that the City Engineer be within the public right-of-way and signs are passed Bremer Hoffmire, S tr awbr idge instructed to deter- order their abate- Drohan presented bill dated June 20, 1967 in which the Development Administrator reported he had been endeavoring to abate six signs owned by the American Savings and Loan Company and Gordon French Company located-within the public right-of-way at Red Hill Mesa and Harbor Hill Apartments respecti,ely ABATEMENT OF CERTAIN SIGNS WITHIN PUBLIC RIGHT-OF-WAY At Bremer's suggestion, the applicant completely aware the Chair directed the Development Administrator to make of ordinance requirements concerning retaining walls ABSENT COUt~CILMEN Fanning NOES COUNCILMEN None S tr awbr idge AYES Moved by Drohan, seconded by Bremer, that the City proceed to issue the encroach- ment permit requested by Mre Bentley, subject to the 30' cutoff at the southern extremity of the property for reasons of safety unanimously passed COUNCILMEN Bremer Drohan Hoffmire, The City Engineer pointed out the City has only an easement over the owner perty for roam~ay purposes 's Drohan presented the Develme~t. Administrator's report dated June 20, 1967 conveying the request of Mrn L. G. Bentley for an encroachment permit to install a six foot fence within the public right-of-way at 105 Rock Hill Drive. According to the owner, subject fence would eEcroach 18" inside the right-of-way. The recommendations of the City Engineer, Chief of Police and Development Administrator indicated no objec- tion providing sight distance for vehicles nearing the southern extremity of the fence were not lessened and that the southern extremity of the fence stop a mfnimum of 30' from the southern tip of the subject property. pro- REQUEST FOR ENCROACHMENT PERMIT TO INSTALL FENCE WITHIN PUBLIC RIGHT-OF-WAY 105 Rock Hill Drive L. Go Bentley, Applicant The Chair directed the matter continued and placed on the Suspense Calendar until such time as the Committee is prepared to submit its report. Minutes 4/113 City Council 8 26 June 1967 Minutes 11113 9 26 June 1967 City Council Y.L APPEAL APPLICATION FOR USE PERMIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE BE'lWEEN TIBURON BOULEVARD AND MAR WEST Weinbe~g and Demaurex, Applicants The Chair directed the matter again continued, having received applicants' request for continuance made through the City Attorney. VII. REPORTS ROAD MAINrENANCE ON PARADISE DRIVE Paradise Drive, Trestle Glen, Hacienda Drive, Seafirth and Belveron West The Chair directed the report of the City Engineer dated June 20, 1967 received with commendation to the City Engineer and Superintendent of Public Works on the comple- tion of road repairs and overlay of:.the sltbject .streets. DEMOLITION OF RESIDENCE 34 Reed Ranch Road The Chair presented the City Manager's report of June 21, 1967 stating as directed by the Council on June 12, 1967 the residence at 34 Reed Ranch Road had been demo- lished on June 20, 1967 by Ghi10tti Bros., Inc. for a contract amount of $1,500. The City Manager requested the Council's concurrence in the letting of the informal contract, representing substantial compliance with the instruction of the Council by Resolution No. 151 except for such steps necessary to secure the property against trespass; and if advised by the City Attorney and City's insurance carrier that no unusual liability then exists, the City Manager may then proceed to lien the pro- perty for all costs of abatement. Moved by Strawbridge, seconded by Bremer, that the City Manager's report be approved and requests therein be approved. The City Manager noted the owners had in the last few days erected a 6' fence to secure the property against accidental trespass. Question on the motion was called for and unanimo~sly passed: AYES: COUNCILMEN: Bremer, Drohan, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Fanning TIBURON POLICE AND SHERIFF STATION May, 1967 By motion of Strawbridge, seconded by Bremer, Police and Sheriff Station Report for May,l967 was unanimously accepted. DEVELOPMENT ADMINISTRATOR SUPERINTENDENT OF PUBLIC WORKS May, 1967 By motion of Strawbridge, seconded by Bremer, reports for May, 1967 of the Depart- ment of Urban Development and Superintendent of Public Works were unanimously accepted. Strawbridge expressed his compliments to the Superintendent and his staff. Mr. Ehrlich emphasized that the Authority's position was that the project must be sold promptly to meet their other financial commitments; that the City Council and Zoning Ordinance, reflecting the desires of the citizens, would determine the use to which the land could be put, and they were now proposing a moderate-income housing development for the 9 acres remaining after sale of some 6 acres to the Reed Unified School District He stated moderate-income housing could be planned in the manner of the Diamond Heights Development in San Francisco to provide approximately 90 units of 0-4 bedrooms at monthly Mr. Philip S. Ehrlich, Jr., Chairman of the Housing Authority of Marin County, was recognized, making a brief statement on the present status of the Hilarita project--a World War II housing project which the Authority must legally abandon by June, 1970; a proposal for moderate-income housing to be undertaken by private developers who might purchase the site; and a program to lease or' rent a l~ited number of private homes or apartments under a federally-assisted project to provide low-income housing. It was noted the latter plan was not a substitute for the Hi1arita Project but might in part offset the displacement of some Hi1arita residents when the project was abandoned. By bill dated July 3, 1967, the Chair stated that pursuant to the request of the Marin County Housing Authority, made by letter to Strawbridge dated April 5, 1967, this date and t~e had been arranged for hearing from the Housing Authority their presentation on the status and disposition of lands on which the Hilarita Housing Project is located Proposal fo Hilarita of Land For the purpose of receiving this such election and setting Aug~st Chair declared the Council will Chambers There being no objection, the Chair directed the order of business suspended to recognize Col. Robert Judson, Strawberry resident, who presented petitions purportedly bearing the names of 630 persons calling for an election to be held on annexation of previously- described areas of the Tiburon Peninsula to the City of Tiburon. The Mayor, on behalf of the City, accepted the petitions with appreciation to Colonel Judson, Mr. David Dooley Mr. Bill Rochester and others who had obtained the signatures to bring the matter to a vote. The Chair noted it was anticipated such election would be held in October, and directed the City Manager to present a Certificate of Sufficiency as to the petition. v Certificate and adopting resolutions of intent lO as the date of public hearing to hear protests meet on July 13 1967 6:00 P.M., in the City Hall HEARING to hold the Council Annexation Election Petition Hoved by June 26, Bremer, 1967 be IV seconded by Strawbridge, that Minutes #113 for the regular approved as submitted; unanimously passed . SUSPENSION OF OP~ER OF BUSINESS meeting held III APPROVAL OF MINUTES "- Lawrence D. Rose, City Manager Phil V. Scott, Development Administrator Robert I. Conn, City Attorney Richard H. Breiner, Deputy City Attorney Ray W. Foreaker, Jr., City Engineer Louis Brunini, Superintendent of Public Samuel Shapero, City Treasurer Russell Melquist, Assistant to the City Manager t-lorks EX OFFICIO ABSENT COUNC IU1EN Fanning Bremer Drohan Hoffmire Strawbridge PRESENT COUNCILMEN II The regular meeting of the City Council of the City of Tiburon, State of called to order by Mayor John S. Hoffmire Jr at 8:10 P.M. on July lO Hall Council Chambers. ROLL CALL California, was 1967 in the City I. CALL TO ORDER Hinutes f11l4 CITY CITY COUNCIL OF TIBURON 10 July 1967 Dr. George Sugarman was recognized and disputed the definition of those within the $7,000-$10,000 range; that the $ll0-$l60 monthly the lower income group, ~~hile aiding contractors in receiving low-interest \lou1d not help the present Hilarita residents whom he believed should be of incomes as would rule loans, but primary moderate rentals out Strawbridge asked whether the 9 acr~s remaining would all be required for moderate- income housing or whether some 2 acres might be taken for a park, as recommended by the Parks and Recreation Commission. Mr. Ehrlich stated this would be a matter of judgment for the City but a reduction of acreage could affect the density of the development. Mr. Ehrlich emphasized again the need for a decision to be made promptly because of the financial needs of the Authority, Mr. Stutsman adding the Authority will require $75.000 by January of next year to meet commitments Mrs. Jackie Parnell was stating it was most important to keep the matter open that there was great concern zoning would freeze the area into single-family resi- dential which would preclude any other development, and the area could be protected by a designation of Planned Residential to cover whatever decision might be reached recognized the Mrs. Polly Smith, Chairman of that copy of the Commission's Chair read the statement of the Co a neighborhood park in the Hi1arita area, plan, and asking that $25,000 be allocated the Parks and Recreation Commission, was recognized asking motion, now before the Council, be read. ~fuereupon, the mmission requesting the Council to consider acquiring as designated in the Williams Cook and Mocine for its acquisition Mrs. Harry Lucheta was recognized, submitting for the letter of the Marin Council for Civic Affairs dated July 10, 1967 expressing interest in achieving more balanced range of housing in the County, citing a recent study by the University of California which indicated that by 1970, }larin County will need 1,700 more rental units the range of $l20/month and below than ~~i11 be available causing many of the young people and older citizens to leave Marin in County's record a their a rlr. Ehrlich invited all persons present to attend the Authority's next meeting on August 1 at their }larin City offices, and stated that if the City wished to continue public housing on that site and so instructed the Authority this would be the only basis on which they could do so L::. Paul could be Homer was recognized stating he did any greater than the need to provide some of whom had been Tiburon residents 10 ith1UIDane to push them out. He felt the such housing to permit the people in the County for them to live for Council to remain here not feel the Authority need for money low-income housing for persons at Hilarita to 15 years, and felt it was cruel and should work with the Authority to assure rather than establishing certain areas s Mrs. Beverly Bastian was recognized asking if the School District would pay less for the land they will purchase if the balance were used for moderate-income housing as she ll~der~tood this might permit sale to a public body at less per-acre. Mr. Donald o. Stutsman, Executive Director of the Authority, was recognized replying that unless some- one could find it had an adverse influence, it would be hard to anticipate that valua- tion 'could be affected. Hr. Ehrlich added that in conversation with the Superintendent and some members of the School Board, no preferences for land use were indicated, but it W2S not the Authority's desire to sell anything at a low market price Mr. Harvey Anderson, 9-year Hilarita Hi1arita residents had incomes of $2 Housing resident, was recognized stating most ,400 or less and asking that this housing be retained A Mrs. Evans, Hilarita looked at many rentals to Hilarita and retain it for stated the use Housing resident for 6 years, was recognized stating she had and didn't know where she would live to obtain housing comparable that as the Housing Authority already owned the land they should to which it is put explained the lease-rental program for low-income persons was County-wide, and has been accepted by the County and the cities of Sausalito to provide acceptable housing by federal subsidy of rents paid owners. On the basis of a study of 1965 and a requirement that a 3% vacancy maintained, it appeared about 7 units could be leased in Tiburon if the plan were ~~cepted by the City. Mr. Ehrlich stated this program was not related to their proposal for moderate-income housing except as a limited means of providing low-income housing to Hi1arita residents who wished to remain in the community Mr. Ehrlich d uced being intro- Hill Valley and to private factor be rents of $110-$160 for those in the Authority was placing the proposal tion of the City's desires as to the $7,000 be fore to $10,000 annual the Council at this zoning that would be placed on income time bracket The to receive an indica- the land Minutes /Fll4 City Council -2- 10 July 1967 The Chair requested ~remer to meet with the Authority the Planning Commission in Fanning's absence, to serve with Drohan as a subcommittee and requested lIr Macgowan to serve as a representative of Mr. Ehrlich then asked if the Authority could arrange a meeting to provide whatever information might be desired to help the Council reach its decision. The Chair stated such matters came up through the Planning Commission, to whom facts and figures should be presented. Mr. Ehrlich stated the Authority would appreciate receiving the feeling of the community as to whether any moderate-income housing was desired. The Chair stated from discussions and calls he has received, it would appear there would be much opposition to public housing, but the facts and figures on moderate-income housing have not been presented previously and could be explored. Mr. asked that when such additional information is presented that it include a could be considered in terms of land design Hacgowan plan that the Council ~"'conded by is th motion motion with Drohan give favorable consideration to the moderate- Drohan for discussion. Drohan and Bremer indicated stated he felt this was a Strawbridge s consent. Bremer and it thereupon, Drohan agreed the Strawbridge program appeared worthwhile with Hoffmire's consent, but wi thd ret17 wanted more the motion Moved by Strawbridge the City time to study seconded by Hoffmire The Chair then declared the hearing closed that the lease -renta I program be adopted by Mrs. Beverly Wenig was recognized asking why the matter shou1dn Planning Commission to decide the best use of the property t be referred Mr. nerb Wenig was recognized and asked if the Authority didn't consider it within its obligation to study the matter within the community and determine whether this or another site would be preferable in meeting a community's needs and whether the problem of displacement of the Hi1arita residents had been studied. Mr. Ehrlich replied buying land for public housing has been difficult throughout. the County, and he believed the use of some 300 units in the County under a lease-rental program would be be help in meeting the needs of Hi1arita residents to the Mrs. Louise Zimmerman t'.7as consideration should be tl.ccess for equipment to recognized asking that given to the extreme fire quickly reach the upper areas t17ha teve ruse hazard which '.las made of the exists because land, of lack of The Chair stated the hearing would continue to approximately 9:30 P from t~e calls and conversations he had had, it appeared there were multiple zoning for this site who were not present at the meeting .M. and stated that many persons against max imums , ~cntage of Strawbridge asked if the $7 could be less. Mr. Ehrlich rather than private housing. Mr. Stutsman many persons would have $5,000 yearly rent subsidy would be higher. income limit was essential to the plan or if could not be less as this would require public stated that while the figures mentioned incomes which would simply mean the were per- 000-$10,000 stated it Drohan expressed a desire to keep decisions to be made it Mr. Ehrlich stated the first single-family zoning and if was suitable but needed a the area open by RP zoning decision should be multiple, they would guide before making the '17hether the the n have investment if necessary land would be multiple- to determine whether the in planning to allow these or site Mr. Peter Macgowan, Planning Commissioner, ,~as recognized stating the Commission was now working on the zoning ordinance to bring it to the Council for enactment before expira- tion of the interim zoning. As an architect, he felt the problem of placing housing on the land remaining after the school's purchase of 6 acres will require careful planning, and aside from the fact Hilarita is substandard, believed the treatment of the land by the Hi1arita Project was as effective as possible. He urged that some concrete proposals for the land use be placed in the hands of the Planning Commission to deal with the problems involved with regard to zoning, and the 6 acres to be taken by the school should be defined and no precipitious action taken until it was known how the Hilarita land was to be used concern. He suggested a survey be made of present Hi1arita residents and a program developed to help those residents Hinutes 41114 City Council -3- lO July 1967 ~ u, excessive recommending the maximum of substituted; Exhibit E, she stated that while she Manager that an element of merit increases should be present, jobs reach their ultimate economic value and, likewise there in agreement the City and recognizing many is a market value Miss Anne Ellinwood l~as recognized, summarizing the contents of a letter she had placed before the Council. 11ith regard to Exhibit A, she felt serious considera- tion should be given in the future to decreasing the number of ranges and the spread between them Exhibit she felt the four-week vacation after of service was 3 weeks for five be was increasing 10 yeers years' service vlith Mr. Herb means of t~nig was recognized speaking in maintaining the morale of people support of the longevity increase as who could not be promoted Bremer at this time, provisions in indicated he l-laS the Chair the a inclined to agree that Exhibits E & F might be superfluous and Strawbridge indicating they would prefer to leave these l~ster Plan Drohan then asked l~hether Exhibit H, Schedule for Computing Fractions and Salary Units, was the normal way of doing this and whether it did not in fact result in a disservice to employees Drohan asked exhibit given basic salary unit if Exhibit the A setting Council in Februa-y The City Drohan questioned Exhibit F, and F should not be included cabi1ity and they could be construed as Manager replied the exhibits were compensation that might be a tangible warranted under Schedule in the of Merit Compensation, and felt Exhibits E Master Plan since there was no present appli- means of hidden compensation. The City guides to a future Council in providing specific circumstances Drohan asked why Exhibit E, Schedul City Manager replied that it was a ~ immediate application, would provide some means long-term capable employee who had reached the be reclassified of Longevi~y Compensation, was necessary. l~aster Plan provision which, while having no of increasing compensation of a last step of his range and cou1dn The t Moved by Strawbridge read by title only. seconded by Drohan, Strawbridge presented bill dated July 3, 1967 putting before the Council resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON }lEMORIALIZING THE ADOPTION OF THE }~STER SALARY PLAN ~~ITHIN THE PERSONNEL SYSTEM OF THE CITI OF TIBURON. At its June 26, 1967 meeting the question was raised whether the Council had adopted the ~laster Salary Plan required by Ordinance No. 72, the Personnel System. The City ~lanager reported the record established the fact the Council was in possession of the proposed Master Salary Plan, and acted with intent of adopting the Plan as an overall part of the Personnel System, but through administrative oversight the Plan Has not presented separate and apart from the exhibits previously given the Council. The City Manager and City Attorney, therefore, recommended adoption of the resolution reciting the plan adopted on February 27 1967. that Resolution No 157 be adopted and M~10RIALIZATION OF ADOPTION OF ~~STER SALARY PLAN ~eso1ution No 157 VII RESOLUTION ABSENT COUNCILHEN Fanning NOES COUNCILMEN None AYES Strawbridge read the ordinance in full and moved, seconded by Bremer, that the ordinance be considered to have passed first reading unanimously passed COll,Ie ILHEN Bremer Drohan Hoffmire Strawbridge Having adopted a nel] City Seal on June 27, 1966 and such seal now be ing received, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ADOPTING A NEH OFFICIAL SEAL OF THE CITY nOH came on for introduction and first reading ADOPT ION OF Nffi-l CITY SEAL Introduction and First ~eading VI OHDINAilCES A Hinutes #114 City Council short recess ''1 a s declared the meeting reconvening at 9:52 -4- P .H. 10 July 1967 referred to a memorandum cities showed Tiburon as residents Nrs the Jackie Parnell was recognized asking how many employees the City now had Chair replying there were 8 plus 6 in the Police Department. Strawbridge indicating the ratio of employees to population in second 1m-lest ''lith a ratio of 1 employee to every then Harin 767 Strawbridge passed on to the Council the diligence of the City's maintenance crelol, comments comments he had received concerning the Drohan adding he had received the same Hoved by Stralolbridge, seconded by Bremer, that Resolution ESTABLISHING THE ANNUAL SALARY PROGnAH FOR THE CITY YEAR 1967-1968 UITHIN THE FRAHElV'ORK OF TIlE PERSONNEL No. OF TIBURON SYSTEH, be 153, A RESOLUTIOn FOR THE FISCAL adopted response tration and Finance Salary Program and one 1967-6D--be adopted ANNUAL P..esolution SALARY No PROGPJ\H 158 that fixing a '")6, public recommendation of resolutions submitted the City Hanager salary of program date to permit Committee the --one on adopting the Annual for the fiscal year ABSENT COUNCILHEN Fanning NOES COUlICILHEN None AYES COUNC ill'fEN Breme r Drohan Hoffmire Stral-1bridge Question was called Dr. George Sugarman \las recognized, progressive plan and one which would turnover. lIe felt the 4-Heek vacation the committee on itc work. The Chair this subject on the State and County agreed with the plan he submitted for and the motior. unanimously passed stating he eliminate felt the personnel was a worthwhile replied the level and Master Plan was a good, problems and expensive incentive, and complimented City Manager was experienced in the committee had reviewed and Miss Ellinwood was again recognized and spoke to Exhibit J, Schedule of Allowances and Reimbursements, asking if the mileage allowance for the City ~~nager and Development Administrator was in addition to the flat fee, to which the Chair res- ponded it was not. Miss Ellinwood suggested the $50 monthly automobile allowance for the City Manager be deleted and a 10~-per-mile allowance substituted for travel north of San Rafael and south of Sausalito since it l~as no longer necessary for the City Uanager to travel extensively. The Chair stated consideration was being given to lease-purchase of City vehicles which would ultimately eliminate mileage allowances "las up to Salary Program Hrs. 1;-1ou1d Mary Price uas recognized annually receive a the Council to ra ise, act on and asked 1;-1h ich increases to any if the the 5% increase Chair replied at the time meant each it t'lou1d not, of adopting the employee that it Annual explained his varying work weeks more equitable to all employees, responding to ~liss Ellinwood's suggestion that the steps City Manager replied the 2-1/2% step increases provided vacations, he stated that although this affected no one any employee was eligible for the 4-~~eek vacation this practice The City Manager account the preference of for departme nts, and stated this computing resulting method in this manner took i~o in a uniform equation was frequently used. In be increased to 5%, the more flexibility. As to at the moment, by the time would not be an uncommon he suggested that u on top, and fe 1 t H, she objected to the to employees, stating she knew using the method described and adopting the resolution for gach job, living be shm-1.... Exhibit ranges and base pay not be a cost the longevity compensation be omitted; manner of computing salary units as being inequitable of no private corporation or public jurisdiction asked the Council to modify that exhibit before changed but should 1:1 i nUL e s i~ 11 L~ City Council -5- 10 July 1967 of regular meeting The Chair directed Drohan presented bill dated July 5, 1967 conveying a letter of the Planning Com- mission dated June 22, 1967 concerning the Downtown Sketch Plan. Drohan stated it was obvious the Commission had found itself unable to answer the questions put to them by the Council on January 30, 1967 and wanted a great deal more investigation done, asking for adoption of the Plan as it now stands. He stated the Committee was not in a position to make a recommendation to the Council at this time and asked the matter be continued the matter continued to the nex t TRANSHITTAL OF nm.JNTOHN SKETCH PLAN VIII HINUTE ORDERS ABSENT com.IC IUtEN Fanning NOES COUNCILHEN None AYES comIC ILlIEN Bremer Droha n, Hoffmire Strat"bridge Question on the motion was Hrs. Hary Price lias recognized and asked t-lhy the City should be required up to the employees a deduction and felt this was especially unnecessary case of the City Uanager' s salary. She then asked that a letter presented Council be read for the record. The Chair complied by reading a petition July 10, 1967 signed by some 36 to 55 persons protesting this increase in Uanager's salary. called for and unanimously passed to the dated the City to make in the run as he felt by this Strawbridge commented on the smooth manner in which the City offices were being an indication of the efficiency of its management. Bremer commented that the City Hanager was well \-1orth the $1,425 per month t'lhich llould be given resolution The Chair commented that the City Hanager City employees in February to cover the system, which in the case of the Therefore, the $125.00 per-month pay by only $17.00 per month been included in the increase deductions from the retirement Hanager had amounted to $103.00 monthly. proposed would increase his net take-home City inc rease had not costs of seconded by nremer, 159 be adopted to Hoved by The Chair now put before the Council COm~CIL OF THE CITY OF TIBUrrON YEAR 1967-68 Strallbridge that resolution entitled A r~SOLUTION OF THE CITY FIXIHG THE SALARY OF THE CITY ~1ANAGER FOR THE FISCAL Resolution No Resolution No 159 AnSENT COUlIC Ill.tEN Fanning NOES COUNCILHEN None AYES COUNCILMEN: Bremer Drohan Hoffmire Strawbridge Question on Miss E11imlood uas stating the ordinance defines promotion as a change of range reflecting a of duties and advancement as moving along in the same job and felt the increases now proposed Here really cost-of-living increases. She recalled the increases granted to City employees in March to compensate them for loss of take-home pay by reason of their entry into the State Employees rretirement System and statec that increase had no relationship to increase of duties or the element of years of service, and this increase was now moving people along to accomplish something that could be ~one by advancement. She stated she hoped from nOH on, promotions would be along the horizontal line rather than moving through range and step. She stated the cost-of-1iving index had not increased 5%, the County only granting a 2-1/2% increase for this purpose; further, that under the ordinance employees would be eligible for advancement along the horizontal line in six months and she believed the positions should remain classified as they were with a cost-of-living increase shown separately, stating that in relating the City positions with those of the County it appeared Tiburon's employees were extremely well compensated the motion was called for and unanimously passed recognized change s lIinutes 4f11l~ City Council -6- 10 July 1967 Moved by Strawbridge, seconded by Drohan, Station report for the month of June 1967 that the Tiburon Police be accepted and Sheriff unanimously passed }' In orrON POLICE AND SHERIFF STATION x On advice of the Development Administrator that appellants continuance the Chair directed the matter continued ~PORTS APPLICATION FOR USE PEPJlIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE BETHEEN TIBURON nOULEVAPJ) AND HAR Weinberg and Demaurex et aI, Appellants again requested a HEST IX In diagramming the existing City signs along the Tiburon Boulevard-City entrance it was the sense of the Council that signs of both Tiburon and Belvedere should be removed at this location. The Chair directed the City IIanager to write a letter for the Hayor's signature requesting Belvedere's cooperation in their The Chair then directed the City Engineer to draw up the Council to eliminate the parking space in front Joulevard signs. to present to Station on Tiburon APPEAL a of removing resolution the Chevron Drohan presented bill dated June 29, 1967 the request of Hr. David Allen that the Council consider removal of signs in the vicinity of Boardwalk, placed along the right-of-~Jay on Tiburon Boulevard, and that the parking space in front of the Chevron Station be eliminated and painted red. was the recommendation of the Board of Design Review that Council should attempt to bring about the removal of any unnecessary conveying certain the signs the It REHOVAL OF SIGNS ON Tlnur..ON BOULEVARD V IC IN ITY OF BOARDHALK ABSENT comIC ILHEN Fanning NOES counCILHEN None AYES ~loved by Bremer, seconded by Strawbridge be accepted unanimously passed COUNCILHEN Bremer Drohan Iloffmire Strawbridge that the City Engineer On behalf of the Parks and Recreation Commission, Bremer presented bill dated July 7, 1967 stating the Pine Terrace Property ~~ners had placed their objection to students crossing over private driveways before the Commission, who had re- quested the City Engineer to look into the matter. The City Engineer was now recommending that since the routing of school children around Pine Terrace is reasonable~ that he be authorized to make necessary contacts with the Division of Highways s recommendation PEDESTRIAN ACCESS FOR SCHOOL CHILDREN AT PINE TERRACE AnSENT COUNCILHEN Fanning NOES COUNC ILl1EN None AYES Moved by Hoffmire, seconded by Drohan resignation unanimously passed COUNCILHEN Bremer Drohan Hoffmire Strawbridge He stated Hr. Donald O'Leary's term was in receipt of a letter from Mr vent his accepting reappointment. missioner shall continue to serve and while recognizing Mr. O'Leary to keep the position open that the Council as a Planning Commissioner O'Leary advising other Noting that Uesolution until such time as his s other commitments not accept had expired and he commitments would pre- No. 63 provides a successor is he felt it lIr Com- appointed, would be helpful O'Leary s The Chair Houlin as the next meeting stated he Parks and had nothing further to report on the Recreation Commissioner but hoped to replacement make of Irving a recommendation at APPO INTHENTS TO BOARDS AND COI1}'IIS S IONS Hinutes i~ll4 City Council -7- 10 July 1967 Hinutes #llL~ City Council -9- 10 July 1967 XI QUESTIONS Zoning Ordinance Drohan expressed concern about the timing for adoption of the Zoning Ordinance and asked if in an emergency there might not be some provision to grant an extension of three or four \~eeks inasmuch as it would appear there are many matters yet to be resolved before the ordinance is before the Council. The City Hanager stated the County Ordinance ~;1ould prevail if no ordinance uere adopted, but Bremer questioned l-lhether the County Ordinance would automatically become effective with expiration of the interim zoning and suggested this be investigated. The City Attorney stated the County Ordinance would be underlying. The Chair directed the City Attorney to determine uhether a 3 or 4-week extension could be obtained and uhat its effect would be if no extension were permitted. PUC Ruling nremer inquired of Hr. Dick Conrad, PG&E representative, '-1hether a recent ruling of the PUC restraining utilities from certain profits would affect the utilities. plans for undergrounding, to which Mr. Conrad replied it would not. Appointments to Commissions Miss Ellinwood was recognized and asked if a letter addressed by the Tiburon Peninsula Advisory Committee to the Council had been received concerning appointments to Boards and Commissions. Upon learning it had not, she summarized its contents saying TPAC asked the Council to give consideration to soliciting publicly for people to serve in these capacities as openings developed, to inquiring of present Commissioners if they had recommendations to make, and to giving ~-1ider geographical representation to these bodies. XII. EXECUTIVE SESSION At 11:55 P.H., the Chair declared the meeting recessed to Executive Session to consider appointments to Boards and Commissions. XIII. AD JOURm,IENT At 12:25 A.H., July ll, 1967, the Chair declared the meeting adjourned to July 13, 1967 at 6:00 P.U., City Hall Council Chambers, for the purpose of acting on the request for an annexation election. -- Approved by the City Council on ~ 1967 - / ~ / ( rt t-~ /, HAyDn F TIlE CITY Minutes 1,115 CITY COUNCIL 13 July 1967 CITY OF TIBURON I. CALL TO ORDER The adjourned meeting of the City Council of the City of Tiburon, State of California, was called to order by Mayor John S. Hoffmire, Jr. at 6:10 p.m. on July 13, 1967 in the City Hall. II. ROLL CALL PRESENT: COUNCILMEN: Bremer Drohan Hoffmire Strawbridge ABSENT: COUNCILMEN: Fanning EX OFFICIO: Lawrence D. Rose, City Manager CERTIFICATION OF SUFFICIENCY OF PETITION FOR ANNEXATION The City Clerk presented a Certificate of Sufficiency of Petition for Annexa- tion dated 13 July 1967 to the effect that the petitons for annexation to the City of Tiburon presented to the City Council on 10 July 1967 had been examined in accordance with the requirements of the Government Code artd found to be sufficient to qualify, containing valid signators o~ more than one-fourth of the qualified electors residing within the territory proposed to be annexed to the City. The Chair ordered the Certificate accepted and filed. Thereupon a resolution declaring the intention of the City Council to call a special election for the purpose of submitting to electors the question of annexation pursuant to the valid petitions and setting a hearing on written protests opposing such annexation in the Council Chambers on 10 August 1967 at the hour of 8:00 o'clock p.m. was introduced and read. Motion of Drohan, seconded by Strawbridge to adopt the Resolution, N~. 160, carried: AYES: COUNCILMEN: Bre3er, Drohan, Strawbridge, Hoffmire NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Fanning ADJOug~ There being no further business the meeting was adjourned at 6:30 p.m. --- -, /' ./ ~_// Approved by the City Council on .~ ~ct 1967 , / / / 1\ / ( "'i~rt1-''''' ./. / I / MAYOR OF THE CITY The Chair presented agenda bill dated July 18, 1967. He then read in full letter of the Planning Corr~ission Chairman, Erik Rettig, dated July 24, 1967, which stated that pursuant to Section 65855 of the Government Code by minute action of July 20, The Chair declared the public hearing open on the City's proposed new zoning ordinance, commenting that the revised typing of the ordinance had been prepared over the weekend, along with Planning Commission meeting minutes of the past week, and since the Councilmen present had no opportunity to review the revised text, he would open the meeting to comments from the audience with the understanding the hearing would be continued to another date. Strawbridge and Drohan agreed with the procedure on the basis that no action would be taken at this time PROPOSED ZONING ORDINANCE The Chair then introduced Mr Chairman of the Commission. v PUBLIC HEARING Ellman as well as Mrs Polly Smith, newly-elected ABSENT COUNCILMEN Bremer Fanning NOES COUNCILMEN: None AYES COUNC ILMEN Drohan Hoffmire, Strawbridge Question on the motion The Chair commented that Mr. Ellman has had a good deal of be helpful to the Commission; and expressed appreciation to job performed in the past year as the Commission's Chairman ~las called for and unanimously passed experience which would Mr. Moulin for the fine Moved by Strawbridge, seconded by Drohan, that the Mayor's appointment of Mr. Ellman to the Parks and Recreation Comnission be confi~ed. George The Chair announced he was pleased on the Parks and Recreation CO~uission, pired July I, 1967 to nominate Mr. George Ellman to a four-year term replacing Mr Irving Moulin whose term ex- APPO INTMENTS TO BOARDS AND There taken. COMMISSIONS being no objection the Chair directed that an item under Minute Orders now be IV Moved by Strawbridge, seconded by Drohan, that Minutes #114 for the regular meeting held July 10, 1967 and Minutes #115 for the adjourned meeting held July 13, 1967 be approved as submitted unanimously passed. SUSPENSION OF THE ORDER OF BUSINESS III Fhil V. Scott) Development Administrator Robert I. Conn) City Attorney Richard H. Breiner) Deputy City Attorney Ray W. Foreaker) Jr., City Engineer Louis Erunini, Superintendent of Public Works Sa~uel Shapero, City Treasurer Russell Melquist) Assistant to the City Manager George S. Gatter, Planning Consultant APPROVAL OF MINUTES EX OFFICIO Bre:::!er Fanaing ABSENT COUNCILMEN Dro~.an Hoffr.1ire Straubridge PRESENT com~c IU1EN: II The regular meeting of the City Council of the called to order by Mayor John S Hoffmire Jr. Hall Council Chambers. ROLL CALL City of Tiburon, State of at 8:15 P.M on July 24 California, was 1967 in the City I CALL TO ORDER Minutes 1f 116 CITY OF TIBURON CITY COUNCIL 24 July 1967 Mr. Don Tayer, President of the Reedlands Property Owners Association, was recogni- zed. Referring to page 3, Planning Commission minutes of July 13th, he asked by what reasoning the property described as Mr. Ward's property had been designated PA and, specifically, what Commissioner Macgowan had foreseen as the possible future use the property, noting the Planning Consultant's seeming opposition to the chosen of zoning r. The Chair pointed out that Mr. Rice's comments had been directed to sections and language contained in the original draft, which has since been retyped and all sections following No l2 subsequently renumbered Mr. Dennis T. Rice, Hacienda-Tanfield Drive area resident, was recognized, address- ing himself to the AR zone. He stated he felt the residents whose properties were within this area were oven~helmingly in favor of that classification to hold the land open, and he would later present a petition of this expression; but wondered if, inadvertently, a problem had not been created for the dozen owners whose homes are now on I-acre lots who, under the section on non-conforming uses and structures would not be able to remodel or rebuild should their structures be destroyed. He stated the homeowners would present their written request that such section be amended so existing structures in the AR zone would be entitled to the same ment as RO-l residents. Also he suggested that trailer parks as a use in the AR zone be deleted treat- permitted Strawbridge indicated that later have some objections zoning for the downtown area was letting developers plan for the City. perhaps adopting the Callister and Payne plan into this concept while he approved of much of to raise in its application to map as abdicating the City's responsibility He felt the approach should be plan and asking developers to the ordinance, he might the he felt PD for planning reversed by fit their then inquired about some discussion, it was proposed, which the Commission family residential development Drohan after zoning of the Hilarita land. Mr. Gatter stated that decided to leave ~his in R-l rather than the R-3 felt would protect this area from high-priced multi- while awaiting a precise plan for its use Drohan Mr it questioned why this area could not as easily fit in the PD zone, to which Gatter replied this would then allow a density of one family per 1/2 acre and had been the desire to leave the zone as it was until planning was defined Drohan stated it appeared from communications received that one major area of con- cern had been the 5-acre, AR zone. Mr. Gatter replied that action had been taken largely on a petition of the Sea Ridge developers; that pursuant to the policy indicated by Sketch Plan 1990 showing green space along the Peninsula's ridge, docu- ments in the City's records and the preliminary regional plan, and recognizing this developer's plans were in a preliminary stage, the AR zone had been left basically as originally proposed--with the statement in the record that it is a holding zone awaiting precise plans upon approval of which an amendment of zoning could be recommended a all changes recommended by citizens which did not find the ordinance was available, Gatter replying a list of proposed text and his responding comments had been prepared which, with the minutes of meetings, would show that about half the changes suggested had been made. He enumerated some revisions as: establishment of the PD zone; retention of County standards for side and front yards in some zones; retention of the suggested height bonus, feeling that with design review there was adequate safeguard against excess height and it would be unlikely that the full bonus allowed would be applied there- fore, the 3D' 2-1/2 story maximum level would most probably be maintained Drohan asked if their into '{:Jay changes list of final Mr. George S. Gatter, Planning Consultant who prepared then recognized, giving a brief summary of the zones the Planning Commission in a dozen or more sessions posed changes and now presented this final draft of the ordinance and map was and their purposes. He stated had reviewed more than 60 pro- the ordinance 1967 the Commission, by unanimous vote, to the City Council the subject Zoning Ordinance and Zoning Map, recommendation they be adopted as the zoning regulations for the City. The recommendation was based on the find- ings that County Ordinance 264, which would be in effect when Interim Zoning for the City expires September 14, 1967, is not tailored to fit the needs of the City, and never was intended to be a permanent ordinance for the City; that during its studies and hearings on the subject, an endeavor was made to formulate an ordinance better fitting the needs and desires of Tiburon, and therefore recommended of the proposed ordinance closely meeting the needs and desires of in regulating its future as more growth herewith with transmitted the adoption the City Minutes 1;116 City Counc il -2- 24 July 1967 Mrs. Jackie Parnell was recognized and speaking about Hilarita, referred to the Planning Commission's action at its July 13 meeting and the discussion contained in those minutes which reflected the interest of Commissioners Marshall and Mac- gowan in retaining some moderate-cost housing, the Commission's feeling that this policy decision must be made by the Council and that in designating R-l the area she felt they had assigned this zoning with the hope the Council make for would Miss Anne Ellinwood was recognized asking the Council to consider the follm~ing (1) that the PD zone be carefully examined and, as with County planned districts two plans might be required--the master plan approving the concept and a second, development plan; that the master plan be adopted by ordinance since Mr. Gatter had advised this unplanned area constituted zoning and State law requires zoning be adopted by ordinance; (2) that consideration be. given to the difference between average lot widths, since minimums become maximums and the tendency would be toward ~iformity in subdivision design; (3) to consider restoring County setback require- ments in the various R districts; (4) reconsider height bonus in the R-3 zone; (5) in view of the great concern for trees, consider definition for a "living fence"; (6) under State law a Planning Commission must regularly review the capital improve- ment program, no provision therefor being made in the ordinance, and if other duties of the Commission are defined, this should be spelled out; (7) the requirement of a $25, non-refundable fee for filing a citizen's appeal of a decision by the Board of Adjustments for a variance or use permit should be removed, as she could find no similar requirement anywhere in the state; (8) in view of the Board of Design Review's responsibility and decision-making power, she suggested an architect be included on the Commission and be appointed to this Board; (9) questioned the reasoning by which parking spaces for a private home were arrived at since "Parking Space or Stall" is nOl~ defined as an area of not less than 200 square feet, whereas the request of the railroad's representative, which had brought the matter up for discussion, was that parking ratios be reduced from one space for every 185' of gross rentable building area to one space per 200' of gross area; (lO) parking in the PA zone is proposed to be allowed up to 3' of the front property line, side yards as well as front being allowed for parking; she suggested this zone be re- examined in terms of the Callister and Payne plan, suggesting that 1-1/2 stories average or 67% land coverage for square footage be established; that although a 40% land coverage had been adopted, by increasing the height from 1-1/2 to 2-1/2 the number of usable square feet have actually not been reduced She comments would be put in writing for the Council stories, stated her Mr. Rice was again recognized, acre parcels as a holding zone 10,000 sq. ft. lots on the east replied the Commission would be petition or application received asking Mr. Gatter whether in talking about subject to development he meant development side of the zone might be sanctioned. Mr. bound by the City's master plan in acting on so the answer probably would be 'no" these of Gatter any 5- Mr. Bill Nelson, upper Del Mar resident, was recognized stating as a realtor, this 5-acre zoning would put a large question mark on the ultimate value of a parcel and he didn't see how a market value could be established Mr. Alton parcel at land Singer was recognized, stating he was one of three owners of a 5-acre the end of Hacienda Drive on its northeast side. They had purchased the when zoning was held at the 10,000 ft. minimum, and had not opposed its sub- sequent changes to 2-dwellings to an acre and then I-dwelling per acre since they felt they could still divide the parcel for construction of three homes. However the proposed zoning would prohibit this use, and he protested the effect of this zoning on small parcels. Further he questioned the constitutionality of the AR zone as a "holding device" Mr. Irving Moulin was testing the AR zoning in questioning the assessor cultural zoning of his property, of property without remuneration. stated, as Mr. Gatter stated, that this AR was a holding ing from the ordinance the purposes of such zone tion of an existing hOffie on a I-acre lot in such zone, rebuild but would be required to adhere to the adopted recognized, speaking on behalf of his ridge property and pro- which has now been placed on all his property. He stated that s office on what the assessment would be in this agri- he was advised this would be like confiscation He further, that the record did not show zone. Mr. Gatter replied by read- stating that insofar as destruc- an owner would be allowed to yard requirements The Chair replied that while Planning Commissioners in the audience because of their interest in within the Council's jurisdiction Mr. Gatter stated, for the record which the Planning Commission has questions that he does now put before Rettig and Harvey were the matter, as the ordinance should be addressed to the not the oppose any of the Council present was now Council. recommendations Minutes #116 City Council -3- 24 July 1967 Mrs. Leo Bodian, Round Hill Road, was recognized, stating that although it was said specifications were taken from the County ordinance, she noted that side yards for 1/2 acre were the same as those for I-acre parcels. Mr. Gatter replied they were the same as those in the County ordinance for those zones. Mrs. Bodian continued stating that considering the terrain of their property, this might represent a hardship ~~hen the Chair replied this could be changed through variance procedure The Chair announced that four more the hearing continued. In answer the City Attorney had advised that before the expiration of Interim Zoning tive persons would be recognized before to a question from the audience, the if this proposed ordinance were not the County ordinance would become declaring Chair stated adopted effec- Mr. Mantegani continued stating that with every indication to rise ~posing a greater burden on the taxpayers, he going to pay", and he would like to see good tourists stating that the types of businesses now in the City. that taxes will continue still hadn't heard '~ho was encouraged to come and stay City weren't able to support the Mr. Fred Mantegani was recognized stating views of the business community should be heard. He stated that as the boundaries of the downtown waterfront area were now drawn, if those buildings along Main Street were destroyed, this would then be a park area. The Chair informed Mr. Mantegani this had been changed the PD zone now extending to the mean water level Mrs. Kitty Halpern, Lyford's Cove, was recognized, reminding the Council an earlier Planning Commission meeting there had been a 5-0 vote to leave waterfront in the "P" zone, later changed by a vote of 3-1, which she felt with Strawbridge's earlier remark about establishing zones and not leaving Commission or Council to pass on developments of Tiburon as a whole. She objected to the PD zoning for the waterfront, feeling this should be zoned "p" not-l. She referred again to the she held, signed by hundreds of citizens who wanted the waterfront drive maintained not only for tourists but resi- dents as well petitions open and a scenic that the tied in it to a Strawbridge stated the Tiburon, and he wouldn beauty of this area at waterfront view was the reason tourists were attracted to t want to see development take place which would lessen the Mr. Tayer was again recognized, asking Mr. Gatter if it was his original recommenda- tion that "p" zone be placed on the Blackie's Pasture area. Mr. Gatter replied that in the course of study, different zones had been assigned to that area, and the one adopted by the Commission was that which most nearly reflected the City's "now-plan" the possibilities of a civic offices-cultural-administrative center having been discussed, and upon the urging of one of the owners who intended to build some offices there, PA had been assigned knowing this was design-controlled and an opportunity for reviel'1 of the plan afforded before development proceeded Mr. Andrew Johnson, Hill Haven, was recognized, concurring with Strawbridge's comments on the PD zone. Speaking for the Board of a Tiburon homeowners' associa- tion, he expressed concern about the development of the downtown area and the problems created by an influx of tourists Mr. Dusty Rhodes was recognized asking, as a member of the Tiburon Volunteer Fire Department, whether the matter of additional fire equipment had been considered when approving the height bonus for some buildings. He stated this would require a new hook and ladder, costing some $70,000, which would also require a new building-- an estimate being made this might involve an expenditure of over $100,000. Com- missioner Rettig responded the Commission had not been aware of this need for new equipment. The Chair requested Mr. to request Fire Chief Buscher to put this matter in writing before the Council Councilmen were concerned about this aspect Rhodes as all The Chair replied that the zoning would be subject to change, as a policy decision comes from the Council regarding moderate-income housing. Drohan stated the matter was now in his committee, awaiting Bremer's return, and they hoped to have a recom- mendation before the Council finally adopted the zoning ordinance the policy decision and this zoning would protect the land against high-priced multiple development. She asked that R-3 zoning be retained to allow the Marin County Housing Authority to bring in its proposal for moderate-income housing. As to the objections raised by neighboring property owners, she stated that since these lots have been in existence alongside Hilarita without diminishing value, she didn't see how by upgrading Hilarita these properties could now be downgraded Hinutes 11116 City Council -4- 24 July 196"/ On behalf of the Lands and Development Committee, Drohan presented bill dated 12, 1967 stating that on July 10, 1967, the Council had received the response the Planning Commission to their referral of the Downtown Sketch Plan to the mission on January 30, 1967. Upon receipt of this response, being a transmittal and report by Callister and Payne dated April 12, 1967, been continued to permit an evaluation of the response by the Lands Committee Com- letter of the matter had and Development July of TRANSMITTAL OF DOHNTOt-1N SKETCH PLAN ABSENT COONC ILl1EN: Bremer Fanning NOES COUNC IU-IEN None StratiTbridge AYES Moved by Strawbridge, seconded by Drohan, City Attorney noting typographical error should read "in force". Hith this correction noted and motion unanimously passed COUNC ILMEN Droha n, Hoffmire that Ordinance No. 79 be adopted; the in Section 3 thereof, stating "enforced the question was called for The ordinance was Strawbridge presented bill dated July l2, 1967 placing before the Council second reading and adoption an ordinance entitled AN ORDINANCE OF THE CITY TIBURON ADOPTING A Nm~ OFFICIAL SEAL OF THE CITY which had passed first on July lO 1967 read in full by Strawbridge for OF reading ADOPTION OF NEW CITY SEAL Second Reading and Adoption Ordinance No. 79 VI MINUTE ORDERS A recess Upon discussion by the Council August 7, 1967, 8:00 P.M., and Chambe rs, he place llas se t as to request the Independent Journal attention to the meeting t'las declared the meeting reconvening at the Chair declared the public hearing continued to to accommodate the public which had overflowed the the Del Mar School. The Chair requested the Staff to insert an article on August 7th calling 10 10 P.M Miss Anne required, on August might not Ellinwood uas it might present 14, as suggested be considered recognized, suggesting that a serious problem to hold by the Chair and wondered since two public hearings were the second hearing and adoption if a date sooner than the l4th The Chair stated cussed that the public hearing ~.]ould nm.,., Mr. Ben Farlatti was recognized stating he felt the community was being asked to "sign a blank check"; that visitors come to this area to view the ~~ater, and should a disaster destroy Main Street buildings, some of them could not be rebuilt on the same location with the same square footage as even at low tide, there was still some water under these structures. He spoke in favor of an open waterfront, and felt the solid wall of parked cars should be eliminated, replaced by some buildings but keeping the waterfront 20% to 25% open. He referred to the Tiburon Lodge's operation, its taxes contributing some $8,000 to the General Fund last year, and stated he felt the local business community should have more voice in the Council and Planning Commission be continued and a date dis- Mr. Mantegani was again recognized, asking that the the waterfront downtown be defined, Mr. Gatter explaining the line the south frontage of Main Street in the PD zone and 100' from Main Street, between PD and P zone, following along on the waterline shown on the map. Mr. Mantegani stated this amounted to confiscation of property since the property would be hard to put on the market with the green area indicated. The Chair requested Commissioner Rettig to supply the Council with a letter clarifying the intent of the Commission t~ith regard to the boundaries for the PD zone as described by Mr Gatter PD boundary of takes 100' of divides she objected saying this should be a right rather than a variance requirement. Also, she had noticed in the paper a report that the Commission favored enlarging the Board of Design Review to the size of the entire Commission (referring to Harvey's request that the full Commission should hear master plans formerly re- quired to be heard by the Board of Design Review) and this change was not shown Hinutes #1:6 City Council -5- 24 July 1967 Drohan stated that one of his concerns about the Callister and Payne plan ~las that he couldn't consider it as a secure guide and l-1ould hate to see it "cast in bronze Strawbridge asked if the Downtown Plan were adopted, would it make it more difficult to fit in developers' plans, or more or less prohibit the City from accepting some plan the Commission and Council felt ,~as wise? Mr. Gatter replied that technically speaking, the Commission "ould not have much of a guide without a Council-sanctioned guide. He stated the City had reams of minutes, discussions, and many people had a pretty firm idea of ,~hat generally is required in this but this would not have the force of law which adoption of a guideline maps, central area, plan would have ..."" "'ssert for City satisfactory plan. initia- be in the public the City to Hould there overall plan? and the Hr. Gatter stated that the Downtown Plan, if their own administrative guidelines they would not have the stricture of adopted by the Council ,.,hile he a PD zone \-las were not completely familiar with the background of adopted, the Commission would be able to use in regulating plans of developers but clearly the sanction of the Council were the Plan not Strawbridge stated he was not sure the PD zone provides the sort of protection the City must have, without some reference point. He stressed the importance of the following sentence from the Commission's transmittal letter of June 22, 1967: "It is the sense of the Commission that any specific questions pertaining to all or part of the downtown plan can equally ~~ell or better be treated after the submitted plan is approved and can serve as reference." He asked that Mr. Gatter address the Council on this point and asked, secondly, hmj long the City could go on study- ing this area and how many times would it be shuttled back to the Commission, and whether anything Hould ever be tied down to everybody's satisfaction "'lithout at some time making a commitment The Chair then asked Commissioner Rampton tl. Harvey for his opinion of this motion Commissioner Harvey stated, speaking individually and not for the Commission, that he agreed with everything expressed in the motion; that if there was any validity to the long hours of work of the Commission and its subsequent establishment of a PD zone in the ordinance, it was for the purpose of keeping the downtown area open to achieve all the elements the community desired, including openness of the water- front. He believed the area should be restudied in depth and the plan changed in light of the McCreary-Koretsky drainage report and in view of various private plans now being developed, and that the views of various citizens' groups be taken into consideration and reconciled into a plan that l~ill take advantage of all the work that has gone before. He believed this top priority by the Com- mission and funds provided so the the proper professional advice should be given Commission may obtain Moved by Drohan, seconded by Hoffmire, that the City Council instruct the Commission to reassess the Downtm~n Plan in the light of the Zoning Ordinance; it set up the Callister and Payne plan as an unofficial, inter~ guide against which they can measure master plans brought to them, but giving it no official status at the moment; that the Commission formulate a list of priority questions to be studied by the Commission, to be made public policy by resolution of the Council when the answers are decided upon; and, finally, that the Commission be requested to begin these studies immediately and that the City Council, upon estimates provided by the Commission provide the monies required for this purpose Planning that the conclusion that it would be both premature and the City to officially adopt the Callister and Payne time for the following reasons: (1) an overriding to approve a plan which has several basic and still unresolved questions ratios of commercial use, size of the waterfront park, a scenic drive, traffic planning, and certainly not least, financial feasibility. He stated the Commission had suggested that the plan be adopted and these questions be answered by a series of studies, ~'lhereas he felt the answers should first be provided. He stated he was in favor of an open '~aterfront, but seriously doubted the advisability of hardening any line in the downtown area, Hith several major ot~ners coming in with development plan9 that the zoning ordinance has just now been passed up to the Council including a PD zone requiring design review of this downtown area and he would hope that the major problem of drainage may be solved by one of the alterna- tives under consideration; therefor.e, he felt it inadvisable to freeze all this movement now by approving the Callister and Payne plan Drohan stated he not in the best DOt~ntown Sketch reluctance such as had come to interests of Plan at this Hinutes #116 City Council -6- 24 July 1967 Moved by Strawbridge, seconded by Drohan be adopted unanimously passed that the City Engineer On behalf of the City Engineer, Strawbridge presented bill conveying the City Engineer's recommendation that the Council of the improvements and cancellation of the performance or maintenance certain named subdivisions, the public improvements thereon having been be satisfactorily completed, and that the City Engineer be authorized to the Marin County Director of Public :"orks The subject subdivisions Oaks Unit 2 Francisco Vista, Del Miramar Har View, Golden Vie~o1 Knolls Unit and Tiburon Knolls Unit 2 1 s were He ights dated July 12, 1967 authorize acceptance bonds for found to so advise recommendation Mariner Tihuron ACCEPTANCE OF PUBLIC IHPROVEHENTS FOR VARIOUS SUBDIVISIONS ABSENT COUNCILHEN Bremer Fanning NOES COUNCILNEN None AYES Moved by Strawbridge, seconded by Drohan, that the City Engineer be directed to communicate with the County indicating the approval of the City of Tiburon of the County Traffic Engineer's recommendations; unanimously passed COUNCILMEN Drohan Hoffmire Stra\'lbridge The Chair presented bill dated July 17, 1967 concerning the 24, 1966 Council meeting that the City Engineer investigate reducing speed on Paradise Drive as well as placing a yield at the intersection of Trestle Glen and Paradise Drive. The County Traffic Engineer's report of June 29, 1967 having been received, the City Engineer now recommended that the County Traffic Engineer's recommendations be accepted and City Engineer directed to communicate the City's approval to the County. He stated the recommendations involved elimination of the stop sign and installation of a small traffic island at the intersection of Trestle Glen and Paradise Drive and reduction of speed from 35 to 30 miles per hour on Paradise Drive the request at the October the possibility of rather than stop sign SPEED LTI.IIT AND TRAFFIC CONTrrOL Strawbridge indicated he responding to the Chair's the matter referred to the would like invitation Public PARADISE DRIVE to hear discussion to speak to the Services Committee from matter, for study and the public; no one the Chair directed recommendation dated July or property at this time, this street. The was premature since of a pedestrian mall on Main petition addressed to traffic conveying an undated petition signed protesting plans for making Main suggesting alternatives for the relief City Manager's recommendation stated there were for 300 appeared creation on the no plans Street, responding circulation and parking the to points restrictions immediate 2, 3 and 4 Strawbridge presented bill by 15 downtown proprietors Street a pedestrian mall traffic congestion on the petition 19, 1967 owners of it PROTEST AGAINST PLANS FOR CREATING A PEDESTRIAN The Chair stated that ~vhile he had voted for the motion, he felt it \-1as important to recognize that a designation placed on 3 property might be hard to remove and he, too, did not like to see the Plan shuttled back to the Commission, but recog- niz ing Commissioner' H~rvey '.s opinions and the fact developers are coming in ~.,ith plans, he felt this was the best course and the hours of discussion spent in developing the zoning ordinance had probably helped to develop the Commission's thinking on dm-lntovln development HALL ON MAIN STREET ABSENT COUNCILHEN Bremer Fanning NOES COUNC IUillN Stratlbridge AYES COUNCIUtEN Drohan Hoffmire Question on the motion evenuas an interim guide; that it was. his understanding have all the controls. Speaking of the drainage problem, was studying a plan ~'lhich \'lould include the possibility of Elephant Rock, which might solve a problem othen~ise costing and wouldn't want to adopt anything that might eliminate that sideration. He felt the Callister and Payne plan, along with at public hearings could just as well serve as a guide to the ~.,as called for and motion passed th~-PD zone would still he stated the railroad a canal running from $800,000, the City some solution from con- innumerable remarks Commission Ninutes 1/116 City Council -7- 24 July 1967 Mr. Moulin stated it called for 38 trees and as for maintenance proposed for Tiburon Boulevard, he had been advised that man once a week could handle maintenance, and if this posed some trees on the list could be substituted with those one too great requiring of all landscaping for a full a burden less care day perhaps Strawbridge asked if the Superintendent of plans for "Hrs Hann's park" to which the Public ~rorks had seen the landscaping Superintendent replied he had not. The City Engineer relationships encroachment if there 'oJas was recognized stating that with the Division of Highways, permits, entailing considerable a possibility they would not be in order he had to some processing on used maintain the present good hesitancy in filing for the part of the State Mr. Irving Moulin was recognized and referring to the Mann, stated he had the plans for such landscaping and established, no maintenance would be required. He then July 21, 1967 addressed to him by the State Division of encroachment permits uere obtained, only planted areas on upon would be required to be maintained. :t-1r. Noulin stated only the trees planted would have to be maintained, not the and if the permits were obtained and no planting done, the maintenance responsibility for the ground on Hhich they had proposed by Mrs the trees were presented a letter dated Highways, stating that if such lands encroached this mean ~~ould ground between City would have permits that them no landscaping that after In response be assuming, understanding for maintenance to Strawbridge the Assistant that if these of all s question as to what to the City Manager was permits were obtained, the property on which encroachment responsibilities the City loJould recognized stating it was his City would then be liable permits were given }loved by Drohan, seconded by Strawbridge, that the City Manager be authorized to file the necessary encroachment permits uith the State Division of Highways Drohan stated that in vieu of it would be wise to at least might be found that funds the time to process file for permi~s, although were not available to undertake the required the such per,mits, he felt in budget review it required maintenance of the of an additi,"".....,1 landscaping review position additional LANDSCAPING OF TIBURON BOULEVAr~ ABSENT COUNCILNEN Bremer Fanning NOES COUNCILI1EN None AYES }loved by Strawbridge, seconded by Drohan, that the Annual Recreation Commission be accepted unanimously passed COUNCILHEN Drohan Hoffmire Strawbridge Report of the Parks and By bill the Parks vities for the dated and th No. 116 report of acti- ,. I ments for ANNUAL REPORT OF THE PAID<S N~D P~CREATION CO~~lISSION ABSENT COUNCILHEN nremer Fanning NOES COUNC ILMEN None AYES Hinutes #116 City Council COUNC ILMEN Drohan Hoffmire -8- Stra'vbridge 24 July 1967 Hawthorne expressed hood Terrace as stated that the City will landscaping the Commission noting that contributions, on the agenda bill. ultimately have to assume felt strongly that the Further, maintenance City should not not concern .e ighbor- to Hrs. hood Polly Smith ~l7as areas receiving recognized similar with reference to the list this would include Hilary in answer to of }10ved by Strawbridge, seconded by Drohan, Uecreation Commission's recommendation that juniper bushes, with maintenance work to be Heights Improvement Association that not done the Council approve the Parks and to exceed $75.00 be allotted for at the expense of the Little Reed On behalf of the Parks and Recreation Commission, Strml7bridge presented bill dated July l7, 1967 relaying the request made to the Commission by the Little Reed Heights Improvement Association for an allocation of funds to purchase shrubbery to be placed adjacent to the bus stop at Stewart Drive and Tiburon Boulevard. It was the Commission's recommendation that an amount not to exceed $75.00 be so allocated for the purchase of juniper bushes. It was noted the Association agreed they would continue to do maintenance work at their own expense LANDSCAPING AT STE.1-1ART DRIVE AND TIBURON BOULEVARD ABSENT COUNC ILNEN Bremer Fanning NOES COUNCILNEN None AYES Moved by Drohan, seconded by Strawbridge, that the City Staff be directed to apply to the Division of Highways for encroachment permits for landscaping the remainder of the right-of-~lay along Tiburon Boulevard as proposed by the Parks and Recreation Commission unanimously passed COUNCIU1EN Drohan Hoffmire Strallbridge The Chair then directed the City Engineer and Assistant to the City Manager to make the necessary contacts and letters previously referred to be ~l7ritten. ABSENT COUNCILMEN Bremer Fanning NOES COUNCILNEN None AYES Moved by Drohan, seconded by Hoffmire, that the City Staff be instructed to apply to the Division of Highllays for encroachment permits for the property referred to as Mrs. Mann's park and the former motion be rescinded unanimously passed COUNC Ill-1EN Drohan Hoffmire Strallbridge Mr. Moulin then asked whether this motion included enc~oachment permits for all proposed landscaping of Tiburon Boulevard, to which the Chair and Strawbridge responded they had believed this dealt only ''lith the permit required for Mrs. Nann's project ~-lhereas Drohan indicated he had meant all permits to be included The Chair directed that }lrs. Mann receive a copy of the City's letter requesting such encroachment permit, and a covering letter be sent to her confirming the work to be done through the cooperation of the Parks and Recreation Commission and its consultant Mr Irving Moulin ABSENT COUNC ILMEN Bremer Fanning NOES CO UNC ILJ:.1EN None AYES COUNCILMEN Drohan Hoffmire Strawbridge Question on the motion HI's Polly Smith, the Commission r s Chairman, ~-1as recognized stating the plan for Mrs. Mann's park had been accepted by the Commission, and suggesting that rlrs. Hann might be requested to outline her proposal in "t'1riting. Mrs. Smith added that the Commission would urge that landscaping plans for the other parts of Tiburon Boulevard proposed be kept in the City's budget, saying that if these areas were properly landscaped now it tJould save money in the future as there was conEJiderable maintenance expense nml involved in cutting Heeds 't'las called for and unanimously passed Drohan stated that croachment permits expressing some concern about in passing and did not the motion, this "tlould simply enable filing for en- necessarily mean approval of the landscaping plan the height of trees Hinutcs 1ft-116 City Council -9- 24 July 1967 The Chair directed the matter continued By bill dated July 13, 1967, the Chair stated this appeal has been continued at the request of appellants since January 17, 1967. Hr. Hatthew Heinberg "las recognized, again agreeing to a continuance as the Court's decision on the subject property has still not been received APPLICATION FOR USE PERMIT TO ESTABLISH PARKING LOT ADJACENT TO PAP~ISE DRIVE BETUEEN TIBURON BOULEVARD AND HAR Heinberg and Demaurex et al Appellants HEST VIII. APPEAL ABSENT COUNCILHEN Bremer Fanning NOES COUNC ILllEN None AYES Moved by Drohan, seconded by Strawbridge, that the City Manager be directed to rework these recommended changes by the Parks and Recreation Commission into the ordinance, and the ordinance then be referred to the Lands and Development Com- mittee unanimously passed COUNCIU1EN Drohan Hoffmire Strawbridge Drohan stated he had not had an opportunity to review the proposed changes and suggested the matter be referred to the City Manager to incorporate these changes into the ordinance giving his Committee a chance to review the matter On behalf of the Parks and Recreation Commission, Drohan presented bill dated July 17, 1967 conveying a draft of the Tree Ordinance as revised by the Commission following referral of the ordinance by the Council on April 24 1967 REGULATION OF RalOVAL ON CITY EASEHENTS AND PLANTllIG AIID ~~INTENANCE OF TP~ES AND LANDSCAPING RIGHTS-OF-IIAY The Chair then directed the and as suggested by Drohan, because the budget does not the City Assistant to the City Manager to indicating the City's policy has permit compliance ~]ith all such requests write such letter been established received by ABSENT COUNCILHEN Bremer Fanning NOES COUNCILHEN None AYES rwved by Strawbridge, seconded by Drohan, that the Symphony Guild of Marin be written a courteous letter expressing the Council's regret that the City's budget 'Jill not permit this expenditure unanimously passed COUNCILMEN Drohan Hoffmire Stral1bridge The Chair stated it has because of the numerous but ions been the City's policy not to participate in such support occasions on which the City is asked to make such contri- The Chair presented bill dated July 14, 1967 containing the request of the Symphony Guild of Marin that the City allocate $180.00 to assist the Guild in presenting its season of music REQUEST FOR FUNDS TO BE APPROPRIATED IN SUPPORT OF ACTIVITIES OF SYMPHO~N GUILD OF ~~RIN ABSENT COUNC TI..l1EN : Bremer Fanning NOES COUNC ILHEN None AYES COUNCILHEN Drohan Hoffmire Stra't'lbridge Question on the motion assume landscaping and maintenance subdivisions to maintain their own be adopted by the Council. The Commission 'tlas contribution be made on the basis that maintenance owners' association Has called for and unanimously passed and they hoped subdivision to encourage private owners and strips, suggesting a policy should however, recommending the subject would be assumed by the property Ninutes 11116 City Council -10- 24 July 1967 Drohan referred to persons eligible to memorandum from the City Manager suggesting that a serve on the City's Boards and Commissions might be list of formulated a A ointments Drohan stated he felt it was most important that Mr George Gatter be present at the continued zoning ordinance hearing on August 7. Mr. Gatter replied he ~10u1d be happy to attend and would contact the City's offices the following day to advise whether his schedule \~ould permit h~ to be present to Boards and Commissions Continuation of Zonin Ordinance Hearin x }liss Anne Ellinwood was recognized inquiring obtained the Chair replying the information UESTIONS where copies of this budget could be was available in the City's offices The Chair noted that the Administration and Finance Committee's report on the pro- posed 1967-68 budget, including last revisions, had just been received by the Council, and there being no objections, directed the matter continued to the next regular meeting of the Council scheduled for August 14, 1967 1967-68 BUDGET The question was called The City Treasurer l1as questioned on what appeared the Crocker Citizens bank account; he replied that accountant was away on vacation and he had not had for and motion passed on voice vote to be an overdraft amount in while he had ~oticed this, the an opportunity to check this (Strawbridge abstaining) Moved by Strawbridge, seconded by Drohan, and report of Fund Receipts by Source for that June SOURCE the Monthly Cash Flow 1967 be accepted. Statement NONTHLY CASH FLOH STATEMENT A~ID FUND REC E IPTS BY ABSENT COUNCILHEN Bremer, Fanning NOES COUNCILNEN None AYES Moved by Strawbridge, seconded by Drohan, that Register of Claims month of June 1967 be accepted unanimously passed COUNCILNEN Drohan Hoffmire Straubridge No 36 for the REGISTER Moved by Strawbridge Development for June OF CLAIMS NO 36 seconded by Drohan, that the report of the Department 1967 be accepted unanimously passed of Urban DEPARTMENT OF URBAN DEVELOpr~NT ~loved by Strawbridge, seconded by Drohan, that the report of the Superintendent Public Ilorks for the month of June 1967 be accepted; unanimously passed of SUPERINTENDENT OF PUBLIC l-lORKS The Chair directed Strawbridge asked how continuance of zoning under Ordinance No permits (covered thereafter by adoption of Ordinance No. 22) replied that under Ordinance No.5, the City t10uld revert to ordinance which provides for use permits for various requiring permits for all new uses of land ~lou1d no that the report of the City Attorney be accepted areas, longer 5 would affect use The City Attorney the basic County and Ordinance No. be effective 22 The Chair presented bill dated July 18, 1967 with the City Attorney's response to the Council's question of lJhether the City's Ordinance No.5, adopting the County Zoning Ordinance, would remain effective if the superseding interim zoning regula- tions were to expire prior to adoption of a new zoning ordinance. It was the City Attorney's opinion that Ordinance No.5, not having been repealed by subsequent Ordinances 22, 40 and 61 would, therefore continue in effect until repealed PERPETUATION OF ORDINANCE NO 5 ZONING ORDINANCE Hinutes 41116 City Council IX REPORTS -ll- 24 July 1967 HAYDR 1967 Approved by the City Council At at 11:47 P the Del .H. , Har the Chair declared the meeting adjourned to August School on .11. 7 1967 8:00 P XI. AD JOURNHENT service, personnel plan Miss Ellinwood was recognized stating that although she was aware that ~linutes #114 for the meeting July la, 1967 had already been approved, she would appreciate having a statement she made at that meeting recorded for the record: that in connection with the discussion recorded on page 4, she had stated that on the basis of a survey she had made and the finding that only one corporation and ttJO Milpitas and San Rafael--granted a four-~jeek vacation after she did not believe such a provision should not~ be included lO years in the c ities-- of Hinutes Strawbridge referred to a letter from the County Services Committee asking llhether the matter might not be discussed at the next meeting and some policy established. The Chair replied he had attended a Board of Supervisors' meeting last week, and did not feel there should be any question of the City's policy; that the Board had voted to have a report prepared by September 15 which would provide that porated areas be taxed for county-wide police protection, thus removing of cities bearing the cost of police protection for both their city and as a whole unincor- the inequity the county Countv-wide Police Protection ne't-ls1etter make their Miss Ellinwood was and at the recognized stating she believed TPAC would be happy to cooperate next meeting ~~ould suggest a coupon-questionnaire be placed in their also suggesting that the press might carry a request for citizens to interest and availability known which would be of assistance in selecting appointees as openings developed. Drohan asked Miss Ellinwood t1hethe= TPAC might undertake such a listing, adding that a questionnaire might be developed to determine an applicant's interests and back- ground IIinutes 1fl16 City Council -12- 2L~ July 1967 Mr Don Moulin, Mt. Tiburon resident, wns recognized agreeing with Mr. Rice's comments on the RP designation in that it raises the question of who controls the open space, the property cemes off the tax rolls, and such zoning would have other inherent weaknesses. He stated that ~lhile he understood their desire to maintain AR zoning for the propertj.~s repre~2nted, he requested that zoning remain as it is in l/2-acre zoning fo~ th~ Ht ~iburon properties He stated he had a formal pre- Mr. Dennis T. Rice resident, was recognized stating he would present a petition bearing to 24 residents ~~ho favored AR zoning as a means of preserving low density. He stated that in later conversations with owners who have lots further down from the properties represented by said petition, he had found some who were not in favor of a 5..acre minimum, but believed their interests were protected under Section 14. As to the RP designation now proposed, he cautioned against its use, stating it was a new concept which could leave the City at the mercy of a developer and that while there was a great deal of literature on the sub- ject, he felt there was little practical ~xperience and did not believe it could be considered a panacea Hacienda Drive the nan:es of 22 Mr in some instances not budgeted, this ning Commission's Gatter co~mented that where open ,vas a policy judgment uhile he space would prefer to acquisition was r.~~tter which he see some 2-acre, AR zoning used desired but for which funds were would prefer to defer to the Plan- Bremer concurred wit~: the Cc:mnittc:e' s rCCOI%'e r:-:l.at ion; generally speaking he favored s~c~ ch2~3e Strawbridge stated p~ection 10-2 liAR II Agricl~.~~_VResi~:~~ntiaJ._.Zone Committee Recom~enda~~~: Not in agree~ent with.establishment of an AR zone (S-acre) as Tihuron too close to a ~J.jor r::~tropo~..itan c:rea to make such zoning feasible or desirable, such zonii.-i"3 not being cansistent ",ith prevailin3 conditions in some ridge areas or ~<1ith previot,.s thil~l:ing D~~out fature r~.dge land development. It was recom- rr.ended that thone arCQS ~m'l designated AR be changed to "RP-l", with a density not to exceed one single family, detcched cwelling per residential acre and a height not to exceed 30 feet or 2-1/2 stories and that the area no~., shown as "RP" be redesig- na ted as 'RP-2 II that The Chnir annot.:::cs;! that J::. ::ce cC;ltiL~lir;.g th2 public hec::ring on the zoning ordinance at the Council's July 24, 19c7 ~ecting, t~e Lands aed Development Committee had met and pre- pared a report containing 1I~ recommenJations for changes in the ordinance. He stated that after the report was presented e.:.:ch of the s~parate recoI!lnendations 't~ould be dis- cussed, first by the Council, tb:~n for COtnr.:2nt by the Planning Consultant, and then each item would be open fur public Following this presentation, other recommendations for chan3es not contained could be brought forth by the public Fanning then read the Co~~ittee's cc::-.:nent. in this report report ZONING Of0INANC: 1!~!.=-.-l!!.~...~ Ie H~ARING. R~y H Lc:.:is IJn~nir'.i J S:.:::J.'...!~ 1 S:1ape ro , Rc.::: SG:'l li21qt:i 3 t G20~0~ S Gatter L::t1rer E1il TJ R'.-)~ert RLchc::.::d D. ~~Ge, City Maneger Scott, Dzvelo?ment Ad~inistrator I. Co~n, City Attorney E. Ereiner, Deputy City Attorney Fore&~er, Jr., City Engineer Su?erintendent of Public Works City Treasurer Assistant to the City Manager Planning Consultant EX OFF Ie 10 :~e ABSENT PF.ESENT COL!;:~C 17 ,:~~l'J: COUllC II.lK::;U l~o:l: fz:-i. I~R.O~JT... CAIJ=. B~e:ner I)rohc:~ F:; nnil1S . S tra\.;~r:i.d3'e 1"'2 In the absence of l1ayor of the City of Tiburon, Drohan at 8:10 P.M on August Jolin State ~ Hoffmire, Jr of California, 7 19(;7 at the , the adjourned meeting of the City Council was called to order by Vice Mayor Thomas E Del Har School S I CALL TO ORDER t-li nu te s 1; ll7 CITY eLf'lY OJ TIELiRON C07JI~C E.I 7 August 1967 Mr. EdT'lard HD.:,d, o'::-:J-::;r recognized, presen were contained in of a triaEgular parcel within the ti .g a n:lp a~:-:;.d stat(:..~ent refuting the th_ Asscciati~':l' s ':;tter (1) that the subject area, inconsistencies statement .. was he felt . park and Mr. Property Otmers adding that to residents who[je Allan Tho:-npson, 10 s~. Association, ar e a Opc~ proF this erties rhri..-l ge. and East, was recognized, speaking for the Reedlands concurrinG uith the recommendation of the Committee to PA zoning would permit many uses not desired by overlook this area The Chair acknowledged supporting the position petition tion tioned receipt of letter from the Reedlands taken by the residents Property Owners Associa- represented by the aforemen- Mrs. M. John Hieb, 396 Greenwood Beach Road, was recognized presenting a petition bearing signatures of 21 residents of that area who objected to the PA designation which haa been assigned a~d asking that the land be used for a civic center complex Strawbridge concurred with the recommendation. had been made recognizing the desire of at least P designation Fanning stated this one major property owner recommendation for this Blackie"s P~~ture A~ea Co~ittc~ Reco7~e~ci~~io~ Committee, Planning Comvission and area should be retail-.l.ed in P zoni.ng Civic Center Confo~ding ~ith the the City's and kept 1956 Master Plan, Citizens adopted Master Sketch Plan open for consideration as Advisory this a potential Council'~ Rec~mrlen~2~ion transmitted a~ written. Mr. time that ted exactly as within the 30- Ben Farlatti in the Pc.ct although the <:.: p p~: 35' 1 i Pres ~dc:,;.t three i~ That the Corraittee y0. ::."~ s l.;~r..':Ll -,,~~d in :.r: i. t permit ~vas heeting City of Tiburon wns the Lodge, was Lodge ever for su s recognized replying that at no .considered to be a I-story building ch height, the Lodge had been construc- and County requirements for fill and was report and recommendation be Mrs. Hary PrJ,c'2, determined si~~e the Tiburon. Lodge 1771 Nar th~ Har ~'::lich W~st, was recognized West residents would 'uas to have been a asking h0'~" the 30 measurement was not ~.,ant any building higher than I-story building Mr. bonus CO:7.mis8 Gatter cc.:.,'~'~'2.ntc.J ceuld not be ien e~1cJ.gh lE:v'.:::r ag~ +.:he~e ~'las (,3 tahlis:-:.ed, to indEce rLo technical a~j,d there \.1a.... height limit without which would give the J)epartr~2n t 1 t. rCCC;L.~2rJ.:~~ ~c COr::'::niS3 ioG. to The Chair stateC ex~er:tional that the psr: des ires for ::. ) r ,1.l.:::-~ ~y'.g ['.J c1 j:.lst:Lfy the g fu tl.1re [;,rLd other \.:,<~s t:~:e DOi:;.::' ~ of d .:. :'-~:J. sri; ~ ility dev~ 10 :?:'t.;::.n t c :)~;i ::",:nity ing 1. an t i~ h5_ services i.h ...4- L\....c:.....1.... ir::plicd G-.story in a CO~:Gli.i i.::tee I s feeling that every design plan should be that all ot~1crs '{-:-culd be deemed mediocre; and buil.ding was not consistent with the public's the City or uith previous planning by the Fire St~~~bridgc acd Bremer agreed with the bon~s provision would require the Planning bO;:1uS the ing of every Secti.~~.:O- ?,:.-2~~:'__1?l~:.:=-'~d N::: ;-tL-J?.€':3i0.~_J3:~:8 ide~tial ~~. COJf~.~~,~._R~_~..Q.:S~~i}':'~~.!.~:.2g: For c,:?aDOr!:i stated, the COlmnit tee did not bonuses in the R3 \:~re in lr.~ bc~t in~crests of the City, recorr~ending be eliminated from the 01'c~.~..1anc'~ in this ~ection describing R3 and that bonus be cli:.:::ir:Clted ~i1 t~:c I'D :;Oi.:e feel 30-foot this bonus the 10-foot .Q~nc i }~~~I~c;..~~~~.:.::2~,:1.?E:.:..: L:?~~: Th ~ t PlanninE ;.: ;:;r.!'.7;is oS ic:-:. [;,J e::'.~)r~8 [,' tl:c: ; ,., ...u CO:~littceJs rc~c~llendation go fonvurd to t~e Cc~~ittee report Mr. Albert B:t,2:!chi Atkinsoa, Trustee 451 persons City and 30 those exprc.sf,cd by Planning CCl:1::r.:.s sit.:; "cras ar; t ing Bianchi cntsic.e Hr .- n M~~lin. ~pporting recognized, th:-ough a stated this tile C5.tyrs Ec stD{_^_l zC~1ing the the same presentation before , or 2 units per as the acre Hr. a C i: e s stc:ting Federal sentation mittee's to rnuke and upon 1eaTning the Planning Commission would receive the report and co~~ents of this meeting on August B, 1967, agreed to make presentation at that tim~. Ho~'ever, he stated that in consultation with Attorney Richard Clark, he had o2en informed that, basically, a governmental body does not have the right to decrease the value of one's property by zoning, which must be based solely on the protection of the public welfare safety and health of a com- munity Com- such Minutes 11117 City Council -2- 7 August 1967 Fanning referred to the TPAC recommendation remnant parcel was purchased with the for knowledge P zoning and the fact of its limited usage Bremer stated he had serious doubts as to the legality of P zoning area, including Mr. Ward's parcel, and felt some mutually-acceptable he arrived at to satisfy the protesting owners as well as allowing Mr develop his property the subject for the entire zoning should Ward to Mr. Watson Harbore of the Reedlands Property Owners Association was recognized stating the Association's letter represented 180 property owners whose objections should be recognized and further this was now the only PA area assigned for the entire City Mrs. Hieb was again recognized asking if some modified commercial zoning might be assigned which would be acceptable to Mr. Ward and yet assure the adjacent property owners that their property values would not be lessened. Mr. Gatter replied that it would be possible to have more than one zoning for the entire area under discus- sion Mrs. Bea Wood, Reedlands resident, was recognized stating PA zoning would adversely affect the value of Reedlands properties which overlook the area Fanning commented on the definition of P zoning and the fact the 1956 Master Plan did not contemplate any commercial development along the highway, referring to comments before the County Planning Commission at the time such property was separated that the Division of Highways does not zone for the County and expressed the feeling the City would hold the same opinion The City Manager commented that a zoning ordinance is would be recourse for rezoning Mr. Jerry Connell in Blackie's opposed to P was Pasture, as zoning feeling a recognized stating he represented his 1/3 undivided interest well as the interest of his brother, Thomas, and they were the present or a h~gher-use should be assigned living document and there Mr. Thompson was again recognized objecting to the PA zoning, especially in view of this indication the property might be sold and a use placed on it that would be objectionable to nearby residents, to which Mr Ward responded design review would control such use Fanning brought up the question of severance noting that at the time the highway took the cel, it was obvious it would no longer be as would have taken this limitation into consideration City replied that such diminuation would be reflected in its value. Mr replied that the assumption might also be made that the Division of Highways might also have considered this property valuable for, say, a service station use and that when purchasing the land, the A-2 zoning would have permitted uses includ- ing a medical-dental building which he might have had in mind. Further, he stated that he did not have the ability to hold this lot and would be obliged to make some use of the property changes riding with the property property which left this remnant par- usable and that purchase of the land The Deputy Attorney current Ward The Chair requested Mr. Gatter to respond to the comment referring to debate at which time the PA zoning was assigned to Mr. Ward's property. Gatter replied that at the time of the discussion, a map showing the highway lines was not available but now having such map, perhaps something could be worked out with the Commission which would satisfy the interests involved. He stated, further, that there was much case law supporting a city's right to zone in accordance with a master plan but recommended that consideration be given to Mr. Ward's position City Attorney agreed stating that with the fairly limited use of this property there would be some question as to how it could be zoned The the previous Mr open space zoning..would be similar to that existing heretofore with regard property..." was incorrect since its former A-2 zoning permitted other uses as single-family dwellings on 7500 sq. ft. lots, and P zoning would deny uses pre- sently permitted; (2) referring to Planning Commission Minutes #95, he stated the matter had been debated as to RP or P and when PA was subsequently assigned, it was done on the basis that one major owner who desired P for the area would be satisfied with the PA zoning given this parcel; (3) that he had been informed that one of these owners would prefer PA to P. Mr. Ward stated that if P were assigned to his l/3-acre parcel, it would immediately become non-conforming and this would confiscation of property He asked that the PA designation remain on his represent property to this as well Minutes 1,bl17 City Council ') -J- 7 August 1967 Section 25 5 (A) Committee Recommendation: of location of the base for That the 50-foot height designation be clarified utility lines poles. in terms Council's Section 23(B Committee Recommendation: That trailer any zone (also affecting Section 13 (D) Recommendation That the Committee"s recommendation be accepted parks 4) be eliminated from uses permitted in Council's Recommendation "I" be accepted. recommendation regarding liD That the Committee"s Mr. Rampton W. Harvey, Planning Commissioner, was recognized asking that the Council's recommendations to the Commission convey the rationale behind their suggestions, noting that \-1hile objections to liD" were expressed, made as to ilL" of that Section. The Chair replied the Committee itself on the specific point raised and the Commission was not to general exception to any of the other sub-sections " no comment was had expressed take this as and a Mr. Norman Gilroy, ~lill Valley resident, was recognized stating the recommendations should recognize the technological advances which will be made in the future and suggested the Council not act to prohibit facilities which might in the future be desirable As to Section 22 (D), the City Manager asked whether such recommendation account the necessity for some communications equipment buildings, such phone exchanges or TV services, which by their nature must be located service areas. Fanning replied the Committee's concern was directed required for new subdivisions and these requirements could be ined through variance procedure took into as tele- in specific to the services more carefully exam- Council"s Recommendation That the Committee's recommendation as to Section 22(A) be accepted concerning plane or helicopter landing facilities Section 22 (A Committee permitted nd Recommendation: That plane or helicopter landing facilities not be that communication equipment buildings be deleted from uses permitted any zone; and that "natural production use" be made a part of General Commercial and not be included in "uses permitted in any Zone" in Council's Section 10-8(B)3 Committee Recommendation: Suggest clarification of word "processing" and considera- tion as to whether any light industrial use shall be permitted in PA zone Recommendation That the Committee's recommendation be accepted Council's Recommendation That section clarified as to the minimum the Committee's parcel area per recommendation be dwelling unit accepted for R3 Section lO-7(C g Committee Recommendation: That this section dwelling unit, be clarified dealing with minimum parcel and area per the recommendation be accepted Council's Recommendation to exercise their right deleted Recommendation That the Committee's That the citizens should not be required to pay $25 of appeal to the City Council and this requirement be ent of Fees Committee .00 Pa: Council's Recommendation That this recommendation be made definition to be based on usable land area to the Commission such Buildig Committee Recommendation That a definition of this term be inserted in the ordinance as it had previously been understood this definition would be included Council's Recommendation That the Committee's recommendation for P zoning be referred to the Planning Commission with the request that they give some considera- tion to the possibility of meeting the requirements of the subject landowner as to what uses might be permitted for his property Strawbridge stated he was in favor of the P zone but it should be sent to mission and City Attorney for review as it pertained to Mr Ward's parcel Hinutes If1l7 City Council -4- 7 the Com- August 1967 }lr. Gatter exp~ained the zoning map had been drawn to reflect what he understood to be the position of the Commission and not having a map indicating the water level along Main Street, he had drawn this line 100' inward as a boundary line. With regard to the 20% building coverage limitation, he felt this might be attempting to accomplish by ordinance what should be done by design, and wished to discuss this with the Commission inasmuch as he had not been able to attend the meeting at which this action was taken Section 10-10 ,ment Zone Committee While in basic agreement with PD zoning for the entire downtown area, it was recommended that the Commission's subsequent motion to establish an aggregate building coverage no greater than 20% of the land in the ~vaterfront area, formerly designated as "P". should be included in the ordinance 'PD Planned Develo Recommendation Noting that the size of the audience who might attend the Commission's meeting of August 8 might be too large for the City Hall Council Chambers, it was suggested that such meeting be held at Del Mar School. Upon being advised that the Commission must take several matters duly noticed for hearing at the City Hall, the Chair announced the Planning Commission will convene at 8:00 P.M. at the City Hall and following completion of these agenda matters, at approximately 9:30 P.M. would reconvene at Del Mar School if the attendance at the City Hall indicated a larger room would be required A short recess Council.s Recommendation That this recommendation be eliminated but the Commission be so instructed to undertake review of the Capital Improvements Program on a scheduled basis was declared the meeting reconvening at 10 l2 P.M lire Gatter commented that as State law already enables the Commission to do this instruction by the Council to the Commission would suffice and the requirement should not properly be placed in the ordinance Section 25 Committee Recommendation review the City's Capital That the ordinance require the Planning Commission Improvement Program on. a scheduled basis to Council's Recommendation: That the Committee's recommendation be accepted with the following emendm2nt of the sentence: "...recommended that not only the routes bt'.t also the design of all proposed overhead transmission " Fanning asked if there Mr. Gatter stating this if an ordinance could be be replaced, to which the Ordinance No 37 was a way in which undergrounding could legally be required was included in the subdivision ordinance. Bremer asked enacted compelling under grounding of all lines that must Deputy City Attorney replied this was accomplished in ~1r. Gatter stated that many cities under police powers require undergrounding, and he assumed this pO~ver was available to Tiburon, although he did not know the pre- cise language of the franchises involved. As to high-voltage lines, he stated he did not think the City would have this regulatory power and a distinction would have to be made between low-voltage lines that could be put underground and expen- sive high-voltage lines which could not practically be put underground. He sug- gested that such language be amended to indicate that control of "design" would be indicated The City Manager stated the might question whether the utilities operate under City Attorney, as well as the Planning Consultant City could exercise this control recommended since State franchise the }lr Harbore was again recognized asking if this question reverted 50 height liillitation, Fanning replying the subdivision ordinance grounding requirements to the previous spells out under- Bremer commented that perhaps no opening should be lines and if a utility wanted to use overhead lines place that request before the Council left for overhead transmission they should be required to 25 roi Recommendation That not only routes but types of poles transmission lines be approved by the Planning Commission. of overhead Fanning explained this should be clarified so as to be not over 50 to the top of the structure or 50' from the top of street level. to supply a definition Mr from grade to Gatter agreed l1inutes 1/117 City Council -5- 7 August 1967 }rrs Mimi Berticevich, representing the Parks and Recreation Commission, was recognized restating the Commission's resolution calling for an open waterfront including the existing scenic drive. Fanning asked that the record be clear that the ordinance has subject of study and design since the 1950's, has been subject to planning, public hearings have been held, and he wished to refute that this ordinance had been hastily drawn up over a weekend actually been the 2 or 3 years the inference of Mr. Gatter stated that while his map had been drawn indicating a line 100' from Main Street to where land is shown, the map would be revised to show this line the high. water mark. at Mr. Ben Farlatti was again recognized, referring to the Commission's action in drawing the boundary line at the mean water level, which he said meant that practi- cally everything built on the southerly side of Main Street could not be rebuilt to its present use, and if a 20% coverage limitation were placed, it was possible to end up with nothing by the time frontage and parking requirements were met. He stated he would not like to see bonds floated for this valuable property and con- sideration should be given to the tax base and business required to support this. He believed action should be postponed until all phases could be properly evaluated Mr. Fred Mantegani was recognized, referring to a parcel of downtown waterfront property he owned and objecting to the 20% limitation on the basis that if his structure were destroyed, he could not rebuild, representing confiscation of his property as it would be in liP". The Chair stated the entire area would be and the building coverage referred only to the section from Elephant Rock Windjammer Restaurant in PD to the Fanning stated the 1956 Master Plan had indicated an open waterfront, and he was wary of permitting PD zoning without a limitation on percentage of building coverage Strawbridge asked why the waterfront area could not be zoned 'p" at this time Bremer commenting on the confiscatory problem, and the Chair stating there was no reason why it could not be zoned PD now and when specific plans were adopted, a bond issue could be placed before the citizens, at which time it would be known whether the citizens were willing to pay for it. In response to Bremer's question as to whether now might not be the proper time for placing the matter of a bond issue before the public, the Chair stated the time would be upon adoption of a plan by the City for an open waterfront--after o~taining a price on the land--or, secondly, if the developers put together a plan and placed it before the Commission with an alternative that the City would buy the property The Chair stated he agreed the owners and City should work together to develop such a plan but at the moment ultimate flexibility was needed until the Commission could establish space and use designations and the specific plans of owners could be put before the Commission while a design plan was initiated In response to Strawbridge's objection, Mr Gatter stated the first order of business must be preparation of a downtown plan in which case the building cover- age factor would be immaterial Strawbridge stated, as a minority of one, that he would object to PD zoning for the downtown area without having a plan on which it would be based. He stated he sub- scribed to the Parks and Recreation Commission's resolution endorsing the open waterfront and did not feel that PD zoning would assure the aims desired. Mr. Gatter cited an example whereby design could comply with the building coverage requirement at 20% of the land and still preclude the openness desired. Also, he stated he assumed the Downtown Sketch Plan, although not yet adopted~ could be taken as the standard underlying PD zoning. The Chair stated this could not be considered the accepted plan for downtown development with many aspects still to be resolved; that the plan had been re-referred to the Commission and the Commission was not in a position to make the kind of determinations fundamental to precise zoning; therefore, he felt PD zoning appeared to be consistent with where planning stands right now; that it was anticipated that property owners, working with the City, would find a means of achieving the open waterfront the community desired and it was hoped certain major problems such as drainage, could be resolved through such joint efforts The Chair stated he presumed this action had been taken to guarantee an "open" waterfront and asked why Mr. Gatter felt this should more prOperly be handled through design than by ordinance. Mr. Gatter replied that the many physical elements that must be taken into account could not properly be blanket-covered an ordinance and he could see practical difficulties in legislating rather than designing such openness desired in Hinutes 1ftl17 City Council -6- 7 August 1967 Mr. Irving ment, which covers be accomplished in Tiburon deemed confiscatory }loulin was recognized and referring to the Ghirardelli Square develop- 100% of the roadway with a nice park, felt a similar plan might and felt the restriction of 20% coverage might -'be Mr. Allan Littman, Planning Commissioner, was recognized, restating for the record the actions of the Commission leading to this motion, which was unanimously adopted by the Commissioners present, in view of their reconsideration of waterfront and as a means of enforcing what appeared to be the public an open waterfront the po lie y for To the Chair's comment that he assumed the 20% coverage limitation had been thoroughly discussed by the Commission, Mr. Weinberg reviewed the action by the Commission leading to passage of the motion, which he felt had been taken to make the inclusion of all downtown in the PD more palatable to one member Mr. }latthew Weinberg, representing Tiburon Waterfront Properties, was recognized, stating that while they had not particularly favored the PD zone, they were will- ing to cooperate in planning with the City and other developers to achieve the best plans possible. He stated that the 20% coverage limitation, however, was not practical and their consultant had advised, as did Mr. Gatter at this meeting, this control should be exercised through design and if this restriction were placed, it would be difficult to achieve the cooperative design plans such PD zone envisioned Mr. John tive European full use of private properties Tiburon vlalkersburger, 'later front Paradise developments and felt Drive, was recognized, commenting on which have achieved openness yet such developments should be encouraged for the attrac- allowed Miss Anne Ellinwood was recognized expressing TPAC's concern about the absence of specific requirements and standards for PD zoning, the lack of day-to-day top planning advice, concern that the Planning Commission will be able to exercise the needed control, and specifically~ the absence of two separate plans, feeling that a developer should be required to present a plan for land use and after this was approved, then present his specific design plan. Further, she stated there was no provision for the Master Plan to be adopted by ordinance since only amendments thereto were referred to in the ordinance. In referring to areas where "cv or more restrictive zones" were permitted, TPAC was concerned that CG might also be allowed. They were also concerned about the temporary status of land put in RP, and finally, urged the 125' strip from Elephant Rock to the Windjammer be returned to P and some pedestrian access on the waterside of Main Street be identified. Speaking individually, Miss Ellinwood stated she.felt now was the time for the City's policy-making bodies to determine what lands should become part of the public domain }tr. Donald J. O'Leary, Planning Commissioner, was recognized stating he believed there was great misunderstanding as to what "open" meant; he referred to the plan outlined by the nationally-recognized architectual firm of John Carl Warnecke for development of the waterfront, and urged that good development be encouraged so people who have come to this community to live and visit can really enjoy the water- front in the best way possible, suggesting pedestrian access to the waterfront. He stated the concept of openness endorsed by some of the community would be extremely costly and felt the City needed the kinds of developments proposed which could preserve the beauty all sought to maintain while still making it financially possible for the residents who have come to Tiburon for its beauty to remain Mr Jim Johnston, Lyford's Cove, was stating that at a previous meetirtg Mr. Gatter had indicated there were ways acquiring this waterfront without pur- chase, and although the Commission had not pursued this statement, he believed something other than a bond issue was possible for acquisition. On behalf of Mrs Kitty Halpern, Mr. Johnston then presented and read a letter dated August 4, 1967 conveying a petition containing 847 signatures of persons endorsing the Parks and Recreation COITCuission's esplanade plan and scenic drive for the waterfront recoenized of Mr. Rice was again recognized, presenting Drive residents, which also contained the open waterfront. the endorsement aforementioned of the petition of Hacienda 24 signers for an Mr. Bill Nelson was again recognized stating he felt there were many residents who disagreed with a totally open waterfront and the community should be realistic about what openness might be achieved, recognizing the high taxes already paid. He urged that developers be given an opportunity to present good development plans Minutes 1il17 City Council -7- 7 August 1967 Mr. Stanley Ware, Spring Lane, was recognized stating Hilarita lands from the now-designed Rl should have change that he understood the Authority was not that any a concrete prepared at this in the reason behind time to present such zoning of the ch ange Mrs. Jackie Parnell was recognized, repeating objections previously expressed wherein Hilarita Housing land was zoned Rl and stressing again that with the reflection of the Commission that moderate-cost housing might be favored for this land but wishing to protect the land against high-priced multiple development, she felt this should be revised to R3 to allow the Authority to present its plans. She stated the Authority last week had voted rr3 designation for the land, and felt revising this zoning would not be the Commission but ~~ould express the feeling of the majority of the to request overruling Commission Mr. Alton Lee, former Planning Commissioner, was recognized speaking on behalf of his residential area on Centro East and stating he was astounded to see this was changed from Rl to R2 zoning. He noted the special circumstances and topography, and protested the rezoning of these properties. Mr. Gatter explained how this zoning had been assigned but agreed the Commission might well review the zoning for the subject area The Chair stated that in referring the Lands and Development Committee's report to the Planning Commissio n, it would be the recommendation of the Council that the Commission recognize that many of the TPAC conclusions reinforced these recommendations and that the TPAC report should be considered following the Com- mittee's report. The Chair stated that in addition to the Planning Commission meeting of August Cth, another meeting was tentatively scheduled for August 11 to bring the ordinance before the Council again on August 14th ~lr. Bert Hirsch, Chairman of the Tiburon Peninsula Advisory Committee, was recognized presenting the 6-page TPAC report, copies of which were provided the Council and Planning Commission. He summarized. its contents, saying the ordinance was prepared in haste and they believed raised some elements of legality which presented good reason for not adopting the ordinance as now written. Also, he commented that the City Attorney had not been consulted. He urged that action be postponed on the basis of the 29 points raised in the report which TPAC felt should be resolved Miss Ellinwood was again recognized stating she was concerned about the 40% of total undeveloped downtown area. Mr. Gatter replied it would not be possible develop the central area of Tiburon and get up to 40% of coverage to Mr. Harvey was again recognized, asking the Commission as to "open" and "vacant Mr. Littman's motion had referred only and Elephant Rock and prior to passage that the Council as they pertain to undeveloped area of this motion. this give some direction to to the waterfront; that the Hindjammer the P zone between was in Council That the PD zone be accepted quested 20% building coverage for the from the interests represented by Mr. Weinberg a thereto. The Chair also requested Mr. Gatter to the Commission's action as last taken~ It was bridge protested recommendation of a PD zone previously stated. statement amend the not&d for the for downtown map the record I.."'t area s Recommendation: to reconsider the as to zoning Fanning 20% the stated he felt the Commission coverage limitation and present its August 14 meeting should have final an opportunity to review the recommendation to the Council at Bremer stated he was To Bremer's question as to the most effective means control, Mr. Gatter stated policy thrashed out at great length by the Commission, with the decision that PD was the best zone for the present, but that until a plan had been adopted, he didn't feel the zoning made any difference. To the question as to whether Mr. Gutter favored elimination of the 20% coverage, he replied that even if it were lOO%, it meant simply that the public has expressed itself for an open waterfront which is a mandate to the Commission, and that in PD zoning, the only guide is the RP standard where is exercised through design in favor of eliminating the 20% whether this PD zone was the matter had been coverage factor control Fanning stated he agreed remarks that developers the Commission without zone still gave the l1r. work a positive major developers with must Moulin and was encouraged by Mr. Weinberg together. He favored referring the matter statement on the 20% coverage and felt the the flexibility needed of to PD Minu tes :/1117 City Council n -u- 7 August s 1967 .... MA: ( ~ is Approved by the City Council -/~ 1967 on At 12:12 A.N. August G 1967, the Chair declared the meeting adjourned IV. ADJOUR~ENT In reponse to the Deputy City Attorney's question as to referral, it was the sense of the Council that the Lands and Development Committee's report, with the recommendations made at this meeting and the minutes thereof, be transmitted to the Planning Com- mission along with the TPAC report, and that the Commission be requested further to resolve the inconsistencies between Sections 20 and 16 respecting the functions of the Commission and the Boards of Adjustment and Design Review; that provisions of the PD zone be amended to include filing of a Master Plan and a Precise Plan and to pro- vide for development and/or performance standards ; and that the other changes recom- mended by the City Attorney also be referred to the Planning Commission The Chair then declared the public he~ring elosed. The Chair stated he favored considering rezoning after presentation of a definite pro- posal and leaving it in Rl would not prejudice whatever proposal might be forthcoming from the Authority, to which Fanning agreed. Strawbridge stated he believed it should be rezoned R3 now as a first step of encouragement needed for the Authority to proceed to which Mrs Parnell agreed proposals for low-cost housing but favored develop moderate-cost housing which would, tenants from future occupancy of the land. He presented a proposal that was satisfactory and Commission rezoning could then be considered some private developer coming in to in effect, remove the present Hilarita suggested that if and when the Authority desirable from the standpoint of the Hinutes:117 City Council -9- 7 August 1967