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HomeMy WebLinkAboutTC Min 1967 (August thru December) Minutes 1118 CITY COUNCIL 10 August 1967 CITY OF TIBURON I. CALL TO ORDER The special meeting of the City Council of the City of Tiburon, State of California, was called to order by Councilman Wil1imn R. Bremer, Chairman pro tem, at 8:27 p.m. on August 10, 1967, this being the time set for the hearing of protests by the owners of real property within the territory proposed for annexation, known &8 Tiburon Peninsula"~nGxation No.1. II. ROLL CALL PRESENT: COUNCILMEN: Bremer . Fanning Strawbridge ABSENT: COUNCILMEN: Hoffmire Drohan EX OFFICIO: Lawrence D. Rose, City Manager Russell Melquist, Asst. to the City Manager Louis Brunini, Superintendent of Public W9rks ANNEXATION PROTESTS The City Clerk certified that WTitten protests had been filed prior to the hour set for the hearing. Pursuant to law the Chair therefore ordered the hearing continued to the 21st of August at 8:00 o'clock p.m. There being no further business the metting was adjourned at 8:45 p.m. I '--- Approved by the City Council on: ~ , 1967 - ..... ~---- CITY OF TIBURON Mrs. Jean Jacobs, Centro East, Alton Lee's protest on zoning, ttis protest had been referrel was recognized recorded to the asking what on page 8 of Minutes Planning Comruission disposition had been made of Mr. #117 The City Manager stated Mrs. M. John Hieb, 396 Greenwood Beach Road, was recognized stating she had attempted to pr.esent a petition to the Council, had been referred to the Planning Commission, who re'. referred her to the Council. The Chair stated this petition, since it did not refer to specific items referred to the Commission, should also be referred to the Lands and Develop- ~cnt Committee for recommendation. Drohan suggested the Committee meet at the conclusion of the Council meeting to review these two petitions and refer them to the Planning Ccm- mission. The City Manager commented that under.statute items of referral on a zoning ordinance must originate with the Council Mr. Bertram Hirsch, 4949 Paradise Drive, was recognized presenting a petition residents of his area who protested the proposed zoning for their properties. sugGested the petition be received and referred to the Planning Commission for consideration with the Council's recommendations already referred to them Fanning stated the Lands and Development Committee would agree to this procedure signed Bremer by The Chair noted Strawbridge's Council that presentations be by the public. suggestion limited to that when the ordinance is again before those providing information not already the submitted The Chair stated that while introduction of the Zoning Ordinance had been scheduled for this ~eeting, the Planning Coa~ission, in adjourned meetings of August 8 and 11, had not completed its review of the Council rcc,.:....--10!~.dations and had adjourned to August 15 at which time they expected to take final action on their report to the Council. IV" ORn INAl'!CE called for and motion unanimously passed With Miss Arrne amended to the PD zone se:ne page these corrections Ellinwood was recognized asking that Minutes #117, paragraph five, eighth line indicate that TPAC's concern at that time was that CG uses might be all~~ed in as then proposed; she also noted misspelling.of Mr Wolfersperger's name on that noted the question l-laS be August Cc~nc iI, ordinence ~ '4 ~_. . l.,;'es end Tho:::.as not a".,are had a attorney for the public hearing on presentation to make The 7th. The Chair advised after they are in Kelly, the Mr. receipt Pacific Railroad, zoning ordinance had been City Attorney confirmed the Kelly that he could make his of the Planning CO~uission's Northwestern the recognized stating he ed on August 7, 1967 ng had been clos~d on presentation before the recommendations on the was clos heari Hoved by July 24, s'.1bndtted Strawbridge, seconded by Fanning, that Minutes #116 for the regular meeting of 1967 and Minutes #117 for the adjourned meeting of August 7 1967 be approved as 1~-2~R.~OVA:r.., Lewrence D. Rose, City Manager Robert I. Conn, City Attorney Ray W. Foreaker, Jr., City Engineer Louis Brunini, Superintendent of Public Works S2~uel Shapero, City Treasurer Russell Melquist, Assistant to the City Manager OF_MINUTES EX OFFICIO ABSE:NT COU!~C IL!\1EN None Breoer I)~4o~lan Fanning Hoffmire S tra~;lbridge PRESENT COUNC IU1EN rhe regular meeting of the to order by Mayor John S Ccur1.cil Chambers -1.1 City Council Hoffmire Jr City of at 8: 14 P.M ROLL CALL Tiburon, State of on August 14 California, 1967 in the was called City Hall .1 CALL TO ORDER Ninutes II 119 CITY CITY COUNC IL OF TIBURON 14 August 1967 Question was To Drohan's concern about this additional limitation of Engineer replied the no-parking area has been in effect Street was accomplished and added it was illegal to park other than parallel to the direction of traffic had come up because channelization raised the called for and motion unanimously passed in any event. question of where parking spaces, the City since channelization of Main in a State right-of-way He stated this matter tour buses could park Moved by Strawbridge By bill dated August 8, 1967, Resolution No. 162 was introduced, A RESOLUTION OF THE CITY OF TIBURON ESTABLISHING A NO PARKING AREA ON THE NORTHERLY SIDE OF TIBURON BOULEVARD (MRN 131) FROM ITS MOST EASTERLY TERMINUS WESTERLY A DISTANCE OF APPROXI- MATELY 140 FEET TO THE TIBURON BUS STATION. seconded by Bremer that Resolution No 162 be adopted ESTABLISHMENT OF NO PARKING AREA ON THE NORTHERLY NEAR THE BUS STATION IN THE DOWNTOWN AREA Resolution No. 162 SIDE OF TIBURON BOULEVARD ABSENT COUNCILMEN None NOES COUNCILMEN None AYES COUNC ILMEN Bremer, question was called for and motion unan~ously passed Drohan, Fanning Hoffmire Strawbridge t.vith The resolution was read in graphical error in Section through street and a sto spelling of Hilary Drive the corrections noted full by Bremer; and 1, second line be intersection so as the City Engineer asked that typo- corrected, adding: It.. .defined as a to stop traffic..," also correcting the a Moved by Bremer, seconded by Strawbridge, that the City Engineer's recommendation be accepted and Resolution No. 161 adopted, A RESOLUTION OF THE CITY OF TIBURON DEFINING AND ESTABLISHING A THROUGH STREET AND STOP INTERSECTION AT THE INTERSECTION OF HILARY DRIVE AND AVENIDA MIRA FLORES. By bill dated August 8, 1967, the City Engineer reported that with the recent com- pletion of Hilary Drive and because of existing inadequate site distances, it was necessary that a through street and stop intersection be established at Hilary Drive and Avenida Mira Flores, causing north and southbound traffic on Hilary Drive to stop and permitting east and westbound vehicles on Avenida Mira Flores to pass through the intersection unobstructed. ESTABLISHING A THROUGH STREET AND STOP AT HILARY DRIVE AND AVENIDA MIRA FLORES Resolution No. 161 The City Attorney stated Mr. owners of 34 Reed Ranch Road meeting The Chair directed INTERSECTION Richards, attorney for Mr. and Mrs had requested a continuance until the matter continued to August 28, Raymond Noe 1, the next regular 1967. CONFIRMATION OF ABATEMENT COSTS 34 Reed Ranch lUlad v Drohan reported the Planning Commission's Chairman, Erik Rettig, had suggested the Council might wish to adjourn this meeting to a date sooner than the next regular Council meeting in order to introduce the zoning ordinance at the earliest opportunity. The City Manager called attention to the fact that the following Monday was scheduled for the continued annexation protests meeting. Other dates were discussed, the Chair then advising the zoning ordinance would be scheduled for the next regular meeting August 28 1967 RESOLUTIONS ABSENT COUNe lLMEN None NOES COUNe ILMEN None Strawbridge AYES Moved by Bremer, seconded by Hoffmire, that the Lands the authority to review these petitions and make to the Planning Commission; unanimously passed COUNCILMEN Breme r Drohan Fanning Hoffmire and Development Committee be given recommendations as they may feel necessary Minutes 11119 City Council -2- 14 August 1967 Referring to bill dated August street lights installed by Mr. the lights were of such design as and present an extremely hazardous was the recommendation of the City Manager, authorization be given for their removal at 8, 1967, the City Manager called attention to five Fred Zelinsky on the north side of Main Street, stating to be readily damaged by the impact of vehicles condition for both pedestrians and drivers. It City Attorney and City Engineer that the owner's expense STREET LIGHTS ON MA IN STREET the meeting reconvening at 11 27 P.M A recess The Chair then directed the City Manager to revise the budget man to reflect the discussion held was declared at 11 12 P .M. , books of each Council- In accordance with the previous suggestion, the Chair directed have an ordinance drafted increasing parking fines to $2.00 the City Manager to The Chair directed the City Manager to give the Council further ~nformation on what this tax would mean to the City and how Tiburon could participate The City Manager pointed out an source of funds through the City's participation revenue stamps assessed property, a function which the federal government will by recent law passed by the Legislature, may now be possibly cities additional in might be available on the transfer of real abandon 1968 and assumed by and in January the County At the Chair"s suggestion, a line-by-line, function-by-function review was made of the Preliminary Budget, after which the Chair announced reductions of $l,025 and an increase of $1,325 had been made The City Manager stated that a $7,000 additional amount anticipated as a result of recent State legislation. of sales taxes might be Bremer and Drohan expressed concern about the reduced Parks and Recreation budget and Strawbridge suggested an increase in parking fines, from $1 to $2, might be considered to be allocated to the Commission The City Manager strongly urged that the Council avoid such special funding Drohan stated that the budget should be cut by $75,000 and felt thc Gity would have to determinc how much it could afford under the tax rate and make the budget work on that basis, suggesting the City Manager be charged with the responsibility of determining where the savings could be made. Further, he felt planning funds were not adequate, asking where monies needed for substantiation of a dOl~ntown plan would come from as well as funds for a full-time planner, and believed further review should .be given the land-acquisition-for-parks figure of $4,500--deleted--and to the allocated amount for a corporation yard The Chair stated the only additional personnel would be a police deputy, the Com- mittee feeling this position would pay for itself in saving the $4,000 which must be spent for vacation relief and providing more income from parking violations Chair reported an additional public works employee and a police clerk had been deleted from the budget by the Committee The The Chair explained that he and Strawbridge, reviewing this subject, starting out with an cuts by the Administration and the Committee, permitting a 60C tax rate as established last year that to achieve this budget it would be necessary built up in previous years as said Committee, had spent some time original budget of $472,007, which with was now before the Council at $444,184 · The Chair pointed out, however, to use reserves which have been On behalf of the Administration and Finance Committee, Strawbridge presented bill dated August 8, 1967 placing before the Council the Tentative and Preliminary Budget and Projects for the fiscal year 1967-68, received from the Committee on July 24 1967 and discussion continued to this date MUNICIPAL BUDGET FISCAL YEAR 1967-68 VI. MINUTE ORDERS A short recess was declared the meeting reconvening at 9 12 P.M ABSENT COUNC ILMEN None NOES Minutes 11119 AYES COUNC ILMEN COUNCIUfBN None Bremer. ~ -3- D'~oh.an ; Ii} August 1967 Faltt\ing; i-2ijo ffDiia.f~} ~SCt.at>1bridge Ninutes 1;119 City Council -4- 14 August 1967 Moved by Drohan, seconded by Fanning, that the City Manager be directed to contact Mr. Zelinsky and request him either to move the street lights to a place where they will be safe or the City will take them down in the interests of all; unanimously passed: AYES: COUNC ILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None VII. ADJOURNMENT Because of the hour, other items on the agenda were not taken, and the Chair declared the meeting adjourned at 12:40 A.M August 16, 1967 Approved by the City Council on ABSENT COUNCILMEN None ABSTAINING COUNCILMEN Bremer NOES COUNCILMEN None AYES Moved by Fanning, seconded by Drohan, that be referred to the City's insurance carrier COUNCILMEN Drohan Fanning Hoffmire the cla~ be denied and motion passed Strawbridge the matter Bremer stated from voting that as By bill August 7, 1967, the Chair conveyed a personal injury and general damages against the City made by Mr. James B. Johnson of Belvedere on behalf of his son, Bradley Johnson. It was the City Attorney's recommendation that the claim be denied and the matter referred to the Cityfs insurance carrier dated claim Mr Jame s Johnson was a client of his office he would abstain CLAIM FOR DAMAGES IV A short recess was called, the meeting reconvening at 8 items remaining on the Council's August 14 1967 agenda MINUTE ORDERS Mr. Douglas de la Fontaine asked if he might replying that under the circumstances he did 16 P.M make a statement for the record, the Chair not believe this would be necessary with consideration of Mr. Kaufman was again recognized and in reply to his question, the City Attorney that under the circumstances additional protests cannot be received stated Mr4 Steve Kaufman was recognized, inquiring on what date the Council would adopt a resolution terminating annexation proceedings. Complying with the sense of the Council the Chair directed the City Manager to verify that over 50% of the assessed valuation was represented by these petitions; and further that the hearing be continued to August 28, 1967, at which time a resolution would be acted upon The Chair announced the meeting had been continued from August 10, 1967 in order that petitions in protest of annexation might be received. The Chair announced petitions had been received purportedly representing owners of over 50% of the assessed valuation of the area proposed to be annexedt thus halting annexation proceedings at this point. The Chair stated that while the Council would recognize these petitions, as represented by Mr. Steve Kaufman and Mr~ Douglas de la Fontaine, t~ould be sufficient to stop annexation proceedings, a fo~al verification would be made by Staff. He expressed appreciation for the efforts of those persons who were pro-annexation, and stated it was still the City's hope that at some future day the Tiburon Peninsula might be unified and included within the City's boundaries. Bremer stated it should not be overlooked that other areas of the Peninsula are still interested in being annexed. ANNEXATION PROTESTS III Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Richard Breiner, Deputy City Attorney Russell Melquist, Assistant to the City HEARING tIanager EX OFF IC 10 ABSENT COUNC ILMEN None Breme r Drohan Fanning Hoffmire Strawbridge PRESENT COUNC ILl'1EN II The adjourned meeting of the City Council called to order by Mayor John S. Hoffmire Hall Council Chambers. ROLL CALL City of Tiburon Jr. at 8:06 P.M State of California, was on August 21 1967 in the City I CALL TO. ORDER Minutes 11120 CITY CITY OF TIBURON COUNCIL 21 August 1967 The Chair noted that Works was present in while his vacation had begun, the audience Moved by Breme r , Public Works for the Superintendent seconded by Strawbridge, that the report of the Department of the month of July 1967 be accepted; unanimously passed. of Public DEPARTMENT OF PUBLIC WORKS Moved by Strawbridge, seconded by Drohan, that the July, ment of Urban Development be accepted; unanimously passed of the Depart- DEVELOPMENT ADMINISTRATOR July, 1967 1967 report Moved by Bremer, seconded by Strawbridge, that and Sheriff Station for July 1967 be accepted the report of the Tiburon Police unanimously passed TIBURON POLICE AND July, 1967 SHERIFF STATION VI There were no persons present representing the appellants, has been regularly continued at their request since January directed the matter continued REPORTS and since 17 1967 the matter the Chair APPLICATION FOR USE PERMIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE BETWEEN TIBURON BOULEVARD AND MAR WEST Yeinberg and Demaurex, Appellants V APPEAL The Chair directed the City Nanager to prepare this letter for the Council ABSENT COUNCILMEN None NOES COUNC ILMEN None Strawbridge AYES Moved by Fanning, seconded by Drohan, that a letter be sent by the City of Tiburon supporting the City of Novato's contention that the Assessment Appeals Board should maintain evening office hours, on a reasonable schedule from July 17th to Septem- ber 25 1967; unanimously passed COUNCILMEN Bremer Drohan Fanning Hoffmire The Chair, by bill dated August 7 1967 Mayor Wayne Womack, dated July 27 1967 questing that consideration be given to office to enable citizens to file their had been addressed to all Marin County would join in this request presented letter from the City of Novato.s addressed to the County Assessor and re- scheduling evening hours for the Assessor's protests of assessments. Copy of the letter cities apparently with the hope other cities HOURS FOR MARIN COUNTY ASSESSORrS OFFICE said ad hoc committee The Chair directed the resolution Strawbridge suggested the Council might recommend, as a policy matter, that a park be located somewhere in that area; to t~hich Drohan replied a park in this location is indicated on the already-adopted Master Plan referred to the public Drohan stated that believed action on while discussions were still being held with this resolution would be premature the Authority, he It was the Assistant to the City Manager's recommendation that since the Authority does not know precisely which land will be purchased by the Reed Union School District, nor has the future usage of Hilarita Housing land been determined, that the matter be referreG to the ad hoc committee, composed of Drohan, Bremer and Planning Commissioner Macgowan, who are presently studying the proposals made by the Marin County Housing Authority Drohan presented bill mission's Resolution No City Council Hilarita to acquire Housing Project dated July 28, 1967 conveying the Parks and Recreation Com- 6, adopted by the Commission on July 20, 1967, urging the at least two acres for a public park from the sale of land by the Marin County Housing Authority. ACQUISITION OF LAND Ninutes #120 City Counc il FOR PUBLIC PARK FROM HILARITA HOUSING PROJECT -2- 21 August 1967 Ere!::~r s ta. ted tb.9. t l:i2 Ccmmittee had already submitted as the most feasible solution, D~,~~~to~:'.E_ D-::l1_~g~S~ .:aban Eave ITu:lE:nt ,..-;till fGo tl~2 IT',ented th~l,t he and Strawbridge, as an ad hoc committee on a policy on regional > f~lt a report by the committee was premature at this time as there were ~ny qUG3tions to be resolved. The Chair directed that Item 2 be removed from Suspense CalendGr and tabled Co~_:~-a5- t tee mj.s 3ion' s r"l~tt~r Iten recOInmendations 11, [;:= In the to the <2nd E~2r~2u2r, prcsen: thc ~~cdlEn~3 Unit mi.Jh t n:v ie\vicg L:lnd s placed proceed Suspense commented on the status of items referred Development Regarding Item 3, Fanning asked Mr. Watson in the audience, he would provide the City offices with copy of i~3 deed restrictions concerning tree regulation order that the with this item. Having received the Parks Recreation Com- on landscaping of public rights-of-way requested this on an early agenda Calendar, Drohan Committee if in and Drohan Suspense Cale The Superintendent of taken with the C~ty of y~~d. The ChGir agreed ndar Public tvorks Belvedere if to make such was recogniz ed the s'\\1eeper were communication asking that some to continue to formal be housed at action be the ir TiLe Ci:,:l:i. r v.::.ca;: iun, s ta t,=<.l. h\~ I,!anar;er ~t2;::'':'cl th::t in the absence of the Superintendent of Public t'lorks, tl1ho was on :~C:~ \,;;):!:-'j'::rc:d 1:0"1:'] finalized discussions with NetDepot officials could be, but ';7'::;:'i1.:1 ,~~~:..;:m3~: a meeting '\\1ith them attended by himself Drohan and the City Erelli3r stateJ 2S1'C:3 b~d~~~t aD E tCIT?a~2r~. sitGe Str2~,~l ::~1.":1t--: ubjJ.e he was not convinced rC(Iu:.J:."i:o:'3nts might preclude other ~~~rtiGll. Fanning agreed that it ~CSQ indicated he still could not the Ne t sites Depot was the and the Depot should be looked upon as agree with this choice best might solution, he be feasible a temporary Y ., "A , o '" l. U. >rot2n stated tt&t i E~ the budge t C~ t 't'Jould the costs and uhile 15 last had been practical selected for the Belvedere investigated step t-Jould the City's yard after review" be to determine corporation C:)~~', '\ ~ o. ~: j_ 0 ~J. ~~'~ a ~:(l ---------...,- 1'>'0", :'.'-'~ ....':i':"1 .l ,~ .!... CCUUCIU'iEN None o (JlJ::C IiIIl~:l~7 None L _ ~_'-', ,1 j ". -' .:. ~ , a-. oJ C'C~C~~J:~'t J.;~"'" r th '_) Lv'_ Ufi-. , c.scc~ded by Drohan, that the City Attorney be ~Lter; unanimously passed I:remer Drohan, Fanning Hoffmire Strawbridge u~h petiticn 1)1~.;~~ by Judge for r2coilsideration, as well as ~c~c~~n2~ds:1 thQ Council authorize the Marin motion to that an appeal instructed supplemental be filed to Railroad, meritorious case and Court had denied the City's and amended com- file an it U..:l8 ,'" l th..) COD,cerni!:1g the th2 C I~ 'p:.:.t:y r.~_ :l :~ 1..: -~~ ~ ity"c City Orcl2l" suit, City of Attorney's opinion Vlilson of Tiburon vs that the the Northwestern Pacific City had a Superior file a et a1 C at ~~~)': '02 ~ i~ i r.J ~.1 --..-. -"'.-'<--,-----,...... t) i.:. ~~-:~:5:_Y_1 3 Suit ~, =l~~ CC";:~::; IV,i2H None r:0-'7'C"' ,'~. ,,) COUFC}:LHL~T None ~L.~~ priatcly l-b",7Cc1 ":liL:h 1.;-7 oJ th" CClj~~C~ }4J.,:,:r~ BreD:er, c; D.PI> 1 iCD.i1t in 5 dGYs ~T cconded by Fanning, that the City Manager be ct:i ~dvise him that if he does not move his the Council will consider other applications Bremer Drohan Fanning Hoffmire Strawbridge directed to application along appro- unanimously passed Brc.,--::er a 1-'... \ r0V:l : t ii:_:,~ e V~o p s e cl .::.;,:plicant b-.;; &!1d the desire of many u~Gcl to take action sta-c,ed t~lat a-:;aitcd SO:"-::2 'tvhile, in minor essence, a franchise modifications made to be citizens to by receive correspond had been approved for Cable the applicant such service and he suggested TV, in view final of the the CabJe TV ---"------ I-1:L,~c.t~;J 2.G Cit:i C,::)\.l:~cil VII UESTIONS -3- 21 August 1967 Approved by the City Council on At 9 15 P.M the Chair declared the meeting adjourned Mrs. M. John Hieb concerning zoning petition would be VIII was recognized, stating she was still discussed from the floor. Mrs. Hieb discussed at the August 23 Council meeting AD JOURNHENT trying to get her petition was assured by Drohan that her The City Manager items of Council of actions taken, reported the Planning Commission had completed their review referral, and Staff would present by way of an agenda bill, which report would be before the Councilmen by August 24th oft he synthesis Zonin Strawbridge brought up the matter of the Council's former action culverts by the owner of Tiburon Lodge on his property adjoining wondered whether this lJas not properly the City's responsibility. the Council that the drainage problem which instigated the Council.s reviewed The Chair directed that this matter be placed on the agenda Ordinance calling for the Firehouse, It was the se nse action should repair and of of be ReDair of Culverts Belvedere Cove outfall for drainage of the downtown area, and in the absence of an alternative, canal approach, his Committee would still recommend this plan. It was the impression of Strawbridge, Drohan and Fanning, from an informal meeting they attended, that the railroad had concluded the canal approach might not be practical, although no official position had yet been taken. Drohan felt the matter should be placed on an early agenda in order that some interim solutions to ng winter's drainage pro- blems might be arrived at The Chair directed Item on the earliest agenda b Tiburon Lodge 1 the comi placed Hinutes 1/120 City Council -L~_ 21 August 1967 COMPREHENSIVE ZONING ORDINANCE Introduction and First Reading In presenting bill dated August 23, 1967, Drohan noted that in Fanning's absence recommendations he would make would be those of an individual Council member and those of the Lands and Development Committee. In concluding reading of the bill, Drohan recommended that any amendments made--other than those treated in the bill as referred to the Planning Commission--be treated as new amendments and that pro gress of the ordinance's adoption not be held up for such subsequent amendments. He stated he would later wish to discuss two such possible amendments concerning not VI ORDINANCE ABSENT COUNC ILMEN Fanning NOES COUNCILMEN None AYES COUNC ILMEN Breme r , Drohan, Hoffmire Strawbridge Question was called The City Manager reported the Staff's findings had been that of a total assessed valuation of $8,394,260, protests representing $5,165,000 had been received, $3,774,000 of which was represented by absentee owners, developers and lending in-. stitutions, the balance of $1,421,000 being single family residences. for and motion unanimously passed 163 be adopted Moved by Strawbridge By bill dated August 22, 1967, the Chair stated on August 21, 1967 he had declared at the public hearing intention of the City Council to terminate further proceedi~~s in the titled annexation because opponents had fired protests by owners of land i~ the territory proposed to be annexed in excess of the statutory limit of 50% of tt2 total assessed valuation. Resolution No. 163 was read in full, A RESOLUTION OF TllS CITY COUNCIL OF THE CITY OF TIBURON FINDING AND DECLARING THAT A MAJORITY PROTES7 TO TIBURON PENINSULA ANNEXATION NO 1 HAS BEEN MADE seconded by Drohan, that Resolution No TIBURON PENINSULA ANNEXATION NO Resolution No. 163 1 V There being no objection, the Chair announced an item under Resolutions before proceeding with the scheduled agenda. RESOLUTIONS IV SUSPENSION OF THE ORDER OF BUSINESS would be taken Moved by Strawbridge, seconded by Bremer, that Minutes #118 for August 10, 1967, Min~t23 #119 for August 14, 1967 and Minutes #120 for August 21, 1967 be approved as submitted unanimously passed. III. Lawrence D. Rose, City Manager Richard H. Breiner, Deputy City Attorney Robert W. Copple, City Engineer Russell Melquist, Assistant to the City Louis Brunini, Superintendent of Public George S. Gatter, Planning Consultant APPROVAL OF MINUTES Manager ;-1orks EX OFF IC 10 ABSENT COUNCILMEN Fanning Breme r Drohan Hoffmire Strawbridge PRESENT COUNCILMEN II. The regular meeting of the City Council to order by Mayor John S. Hoffmire Jr. Council Chambers ROLL CALL City of Tiburon, State of at 8:13 P.M on August 28, California, 1967 in the was called City Hall I. CALL TO ORDER Hinutes iF 121 CITY OF TIBURON \j J,'1'Y COUNC IL 28 August 1967 Moved by Drohan, seconded by Bremer, that Blackie's Pasture area be retained as recommended by the Planning Commission in the A-2 designation with County require- ments except residential and requiring design review Drohan stated he felt this designation was the best solution to a much-discussed problem. The Chair read telegram from Messrs. Thomas and Gerald Connell, owners some of the property to be so designated, in which they favored PA zoning and ob- jected to any zone more restrictive than present A-2 of Blackie's Pasture: adopted and applied before the Council containing uses as ing design review The Planning Commission to Blackie's Pasture area was text of such zone, prepared as described under County ordinance recommendation that an A-2 zone be discussed. The City Attorney put directed by the Commission and except residential and requir- s 3 Section 7 Moved by Strawbridge, seconded by Bremer, that the Planning Commission"s recommenda- tion concerning punctuation error in definition of "Natural Production Use" be accepted unanimously passed. MAP ZONE BOUNDARIES Moved by Strawbridge, seconded by Bremer, that the Planning Commission' in amending the definition of "yard" adding "or adopted General Plans" unanimously passed s concurrence be accepted Moved by Drohan, seconded by Bremer, that the City Attorney concurred in by the Planning Commission, to delete the last tion of "Plan. Urban Design" be accepted; unanimously passed s recommendation, as clause from the defini- Moved by Strawbridge, seconded by Drohan, that the Planning Commission.s concurrence in supplying numerical designations for each defi~ition be accepted unanimously passed. Section 6. DEFINITIONS: Moved by Drohan, seconded by Strawbridge) that the definition adopted by the Planning Commission for IIbuilding coverage~t be accepted unanimously passed. 2 Section 4. TERRITORY Moved by Drohan missions's concurrence on amendment of seconded by Bremer, that the Planning Com- this Section be accepted unanimously passed 1 Items as listed on the 'Synthesis of Referrals were then individually considered. and Recommendations Title of the ordinance was then read by the Chair, TIBURON ZONING ORDINANCE, AN ORDINANCE OF THE CITY OF TIBURON, STATE OF CALIFORNIA, ADOPTING A ZONING PLAN FOR SAID CITY BY ESTABLISHING VARIOUS ZONES IN SAID CITY WITHIN WHICH CERTAIN REGULATIONS SHALL BE IN EFFECT RELATING TO THE USES OF LAND AND BUILDINGS, HEIGHT L~IITS OF BUILDINGS, AND YARDS AND OPEN SPACES ABOUT BUILDINGS; REQUIRING THAT CERTAIN PERMITS SHALL BE SECURED FOR CERTAIN OF SUCH BUILDINGS AND USES; DEFINING CERTAIN TERMS USED HEREIN; AND SPEC IFYING THE PROCEDURE FOR THE AMENDMENT, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ANY OF THE PROVISIONS HEREOF; REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. of the bill The City Manager acknowledged of correspondence concerning the ordinance from: Mrs. Herbert Bals, Mr. Peter Siewert, Anthony and Gerald Connell, Robert and Susan Fraser, Robert Wayne, Mr. and Mrs. Denis T. Rice and Irving Moulin Before convening the receting, letters also were presented from: Mr. M. Arthur Gen- sler, ~lrs. Kluston, rlrs. Ardzrooni, Arne and Ruth Martinsen, Mr. and Mrs. Glenn C Bassett, as well as a petition signed by 23 persons who oppose the AR-2 zone--the subject to which most of the cited correspondence was addressed receipt and Mrs The Chair agreed it would be necessary to first act on the matters reported back to the Council by the Planning COiwnission and if time permitted a discussion might be commenced on the contents of the TPAC report were 4-1/2 page report its contents a petition presented by Greenwood Beach property owners and one submitted by Taylor Tract residents. He also noted that shortly before coming to the meeting, a supple- mental report by the Tiburon Peninsula Advisory Committee addressed to Councilmen as of August 27, 1967 had been received, and while it was indicated changes administrative and clarifying, no one had had an opportunity to review and he suggested the Council be given at least 24 hours to proposed this study Hinutes 41121 City Council -2- 28 August 1967 Ninutes 1/121 City Council -3- 28 August 1967 Strawbridge stated he was concerned about the 50% building coverage factor in the A-2 zone as now proposed and wondered if a suggestion previously made by the Planning Consultant might not be considered to zone the area halfway to the waterfront in "p" and the remainder in "A-2". Mr. Edward Ward was recognized asking if A-2 could not be amended to include general office buildings as well as clinic-type structures. Mr. Watson Haarbauer was recognized expressing the feeling that since the subject has been previously discussed at length, the recommendation now before the Council should not be further changed. Question on the motion was called for and unanimously passed: AYES: COUNC ILMEN: Bremer, Drohan, Hoffmire, Strawbridge NOES: COUNC IJ1vlEN : None ABSENT: COUNC ILL'\1EN: Fanning AR Zone: The Planning Commission's recommendation that the AR zone be retained and not zoned RP-l was discussed. Drohan noted letter from Mr. Denis T. Rice had been received protesting the proposed AR zone and Drohan asked for the Planning Consul- tant's opinion as to how this zone, permitting 2 d~~ellings per acre upon approved plans, would be handled. Mr. Gatter replied there were many factors to be con- sidered before 2 families per acre would be permitted in the AR zone; that the plan would have to demonstrate it would be appropriate to the surrounding area and in accord with City policy. Drohan asked how existing covenants would affect this area, Mr. Gatter replying the more restrictive provisions would apply; if the cove- nants were being enforced and were more strict, the City could not permit develop- ment to a higher density. Mr. Gatter added that RP, as previously suggested by the Lands and Development Committee, allows clustering and it probably wouldn't be appropriate to permit clustering the whole ridge, and through plan and design re- quirements of AR, most often a i-acre density would be achieved under AR. To Bremer's comment that RO-l might be a better zoning, Mr. Gatter replied the same resul t would be found in the AR zone as nm} proposed. Strawbridge commented he did not feel this flexible zoning was realistic; that zones should mean what they way and every Otlner ~hould know what could be accom- plished on his land. Drohan stated that of the whole area involved, he felt those presently developed on I-acre lots should not have a higher density but recognized there were other areas that deserved to be treated as l/2-acre parcels. Mr. Gatter replied that if it were the Council's intent to treat the present AR zone separately, the AR designa- tion might be left in the text as a useful, future zone, and RO-l placed on the lands marked as greenbelt. He stated he offered this as a compromise but felt the AR zone now proposed was the best solution since it required planning review before achieving higher densities. Mr. Albert Bianchi, San Rafael attorney, was recognized, speaking on behalf of some 300 owners of a 60-acre parcel within the City and a 30-acre parcel owned by the same group adjacent to City limits. Mr. Bianchi stated he assumed from discussions heretofore that opportunity would be afforded owners of lands now zoned AR to come before the City at a later date to make comprehensive presentations so that con- sideration could be given to the individual parcels. He stated his clients could go along with AR-2 if they were assured the City at some future date would provide this opportunity to present a fuller picture of the zoning desired for their area, since it was apparent not all areas of the present AR zone should be treated in the same manne r . Mr. Denis T. Rice was recognized, noting the previously submitted 10 letters and petition submitted to the Council by residents of the Hacienda Drive-Tanfield area supporting such RO-l designation. As to the restrictive covenants referred to, Mr. Rice stated these had not been enforced since 1964 but the area since incorpora- tion had been protected by I-acre zoning, this lower density being sustained by decisions of the Planning Commission. Mr. Gatter stated the provision which would permit possible l/2-acre development was based on a finding of fact and if the Commission could not make these findings on any individual case, there would be no departure from the 2-acre zoning speci- fied for the AR. between vlith Main Drohan stated his had since had requested this PD boundary line by owners who protested lip" zoning at the Windjammer and Elephant Rock, rather than 100' as Street properties. These objections were based on Committee been contacted be clarified high water would be the the fact that and he mark case in order zone, Street small PD Boundary: Mr. Gatter outlined on the exhibited map the described and recommended by the Planning Commission as along the water line to Elephant to the 'p" area at water Mar line and t'le s t boundary line 100' south Rock. eliminating a for the of Main Lyford"s Cove: Moved by Strawbridge, recommendation be accepted and zoning to existing zoning; unanimously passed seconded by Bremer, of the Lyford's Cove PD that the Commission's area be made to conform A short recess was called the meeting reconvening at 9:54 P.M ABSENT CO UNC Il.J.'1EN Fanning NOES COUNC ILMEN None AYES COUNCILMEN Bremer Drohan Hoffmire Strawbridge Question on Mr. Bianchi ments to the vious comments the motion Has again ordinance would be 1;'las called recognized asking if would be considered so reflected for and unanimously passed the record the Chair would clearly show confirming that that amend- Drohan's pre- Drohan that some for amendment stated some of the area would be recognition should be made of the fact the Council would there would probably be zoned 1/2 acre Bremer adding invited consider plans Moved by Bremer, seconded by Drohan that the ridge area be modified and changed RO-l being the whole greenbelt area across the top of the exhibited map Drohan stated that wh area should be zoned ~ could bring in plans if if such developers should Council could be made he sympathized with Mr s statement l.....cre and RO-l be adopted the present and they wished for l/2-acre development. The be denied this zoning by the Commission, Moulin for Chair appeal to he fe It the later developers noted that to the Mr. Don Moulin recognized stating the areas proposed for AR zoning are not substantial variation should be considered. He stated they had no objection to anyone who wants RO-l having this placed on their lands but this would not be appropriate for the property he represented, which is adjacent to the Marinero development which the Planning Commission approved for 1/2- acre development. He stated that requirements of the zone as now written call for furnishing master plans, which is expensive, and proposed that RO-I be placed on the lands of those owners desiring this density and RO-2 be placed on the properties he represented on Mt Tiburon 75 Mt. Tiburon, was identical and their The Chair acre zoning. and it to RO-l that if stated he had previously suggested Arr-2 Ramer stated he understood this showing, reduction to to reduce density to Hr. with proper was the desire with approved plans down to 1- suggestion to be AR-2, changed a possible 1/2 acre Drohan stated I-acre RO-l should used be Mr. Robert Ramer was recognized stating he was adjacent to Mr. Irving Moulin's property. He being unfair to the small developer who would presenting development plans for small parcels. lands be given some security in zoning, as were gested RO-l or AR-l with an application do~m to one of the owners of a 5-acre parcel objected to the AR-2 designation as then be subjected to the costs of asked that the of the of the and sug- He other areas 1/2 acre owne r s City Mr. James owners of Reisinger was recognized asking that equal consideration be given to undeveloped property stating l/4-acre development would be suitable Mr. Mark Gensler, architect, was recognized stating, professionally, this zone would be regarded as l/2-acre by developers and the 2-acre designation would be meaningless. He felt what was desired was I-acre zoning and endorsed the aO-l AR-l zoning. He also mentioned the lack of application of slope policy in the as an important consideration in view of the topographically difficult parcels property located in the zone the or zone of Drohan stated it was his feeling the ordinance should be drawn as strictly as possible now and thought the RO-l might be the best solution at this time. l1inute s it12l City Council -4- 28 August 1967 Miss Anne Ellinwood was recognized on the water side of Main Street asking if the "p" zone included the properties as was Planning Commissioner Harvey's understanding. Mrs. water the reasons Jean Jacobs weren't ~-las recognized zoned "p" and open formerly advanced for stating if tvaterfront the land preserved incorporation from this Paradise Drive to the would defeat one of Mr. Matthew Weinberg was recognized report submitted by their planners, different parcels of waterfront property to the Caprice restaurant would be zoned be applied and without this consideration this parcel planners for a potential development plan He urged that flexibility maintained for the future development of this options parcel submitted to kept open and stating the John Car 1 they out Demaurex group would Warnecke and Associates; of own, that located from the of existence if PD uses could not be be ferry could not stand by the slip The Demaurex used for Chair pointed out property, t'lould the Demaurex property that the show line 100' from the line fairly the Main Street if continued past the straight if the high-water mark were Drohan least owners bridge unless stated he expensive and was equally committed way of achieving this, taking the PO line out to the s suggestion of P from Paradise joint planning by the owners Drive failed to produce to an open waterfront which seemed to high-t'later out to but be working mark, and didn't the water should an acceptable plan ~-l a s with feel be seeking the the property Straw- considered Strawbridge and courteous, esplanade plan water when there was no urged these owners to get Drive, feeling the property bonds if necessary, by the City agreed the Oemaurex group and but stated since April 1964 and he did not intend to vote intention of wanting together in a plan from that street railroad had been refreshingly cooperative he had endorsed an open waterfront to permit development 100' out into or getting development there. He for development in back of Paradise to the water should be obtained by the as their parcels uould be permitted group in tv-ould not are mo re With reference 7(B)6, adding extended into to this ordinance provision, the Deputy City Attorney the size of the parcel would deteDmine how much PD zoning the P zone, referring as an example to Parcel #1 held by the which more -tfian one half was in P, the 3D' extension of that that apparently all parcels held by the that PD zoning would end at the t"hile those uaterfront portions PD uses ~nto the P zone apply. He added than half-submerged were the so concerned 30' extension of Demaurex portion in PD Demaurex group water's edge insofar the railroad held by of their parcels cited Section could be Mr. Gatter called attention to vided by a zone boundary line the zoning line dividing his between Paradise Drive and the owner's property and the property divided by provision ^ntitled ""ould be ot-lnership Drohan questioned building over the 100' out into the this tvater water reasoning inasmuch as in that area he if there were no intention of allowing could see no value in extending ,the PD line The Chair stated over with railroad t-lould ot-lne r s left open to permit to the Caprice the past year and a half he had discussed downtown development representatives and it was his hope that the three major property jointly plan to develop the property so waterfront property could be and in accomplishing this, he felt it would be helpful to negotiations the PD boundary line to be drawn 100' out in the area from the Windjammer restaurants decision of the Planning Commission into the water since it had been the sense of reports, statements of the Council and Commission that efforts should be toward leaving the waterfront open between the l~indjammer and Elephant Further, he hoped that landowners, including the railroad, would get together and develop the property as one piece and he saw no reason ~for extending the PO zone into the water lOa' other than encouraging the kind of development which he did not believe the City wanted di~ected rrock It was Drohan's opinion, should be upheld and the the Citizens Committee howeve r , line not that the extended \. to achieve buildings water and, tvater should be boardwalk to connect style openness to the views, greater freedom will be required way to take advantage of the interplay between secondly, the lOa' boundary which rIain Street properties have continuous along the whole waterfront to be with already-developed areas now for Haterfront site in a developed consistent, allowing a in semi-boardwalk to fit land and into the Hinutcs 1/=121 City Council -5- 28 August 1967 The Chair asked if this the pier was now located, agree to a "p" designation on for commercial uses and PO zoning meant to it was vlh ich their desire to put commercial Mr. Joseph replied "yes", that the either side of the parcel if the slip were considered buildings railroad retained where could Referring specifically to the ferry slip parcel owned by the railroad, he stated this had been used for heavy commercial for many years and historically accepted as a commercial use. He stated a marina, yacht club or other "p" uses would be un- ~ealistic for the parcel since it would require establishment of a very expensive offshore breakvlater to be placed on land not controlled by the owner. He recom- mended this parcel be retained for zoning of ";later-oriented commercial use respect to soils, the Planning Commission for City's Planning Consultant, means of achieving plans for Joseph, Director of Planning for George S Mr. Joseph reported his firm, since April for development of the railroad's properties, study of circulation for downtown Tiburon; that their attention had been diverted to zoning and as a result far with traffic and market information, they had made recommendations to changes in zoning from that originally proposed by the and no\~ recommended proceeding with the PD zone as a Tiburon's downtown development Hr. Hal Ke 11 y . reports and a Nolte, of this Nas introduced by Mr. year, had been preparing including market analyses in the last few months of the studies thus attorney prepared original The invited Mr as previously agreed the t~aterfront presentation, to plans affecting Kelly, ....hey were the Ke 11 y to at the for the Northwestern Pacific Railroad, was recognized to make a comprehensive presentation developed on the zoning proposal and now addressed only to high-tIater mark to have the railroad's last meeting planners confining make statements the this Mr. Bacheller recognized urging that t~ithin the PO zone, stipulation be made as to hOt'l the Haterfront Hould be in an esplanade park. He agreed with the need for negotiation between waterfront mJners and felt this could still be accomplished within the high-water mark boundary and the citizens and property should have some indication from the Council as to waterfront development they t'lould follet} fOi~ properties zoned PO owners policy tvas again much of Mrs. Polly Smith, Chairman of the Parks and Recreation Commission, Has recognized stating she believed the citizens wanted no buildings at all on the water side of Paradise Drive and that any building on that side of the street, even '-lith an explanade, would eliminate the Naterfront. She urged the Council to take stand and indicate to the the desired aims of the citizens open pL"operty owners a Hr. the the opinion of long as public important whether recognized question really planners, the present manmade to the waterfront view shoreline was 10' one access this was toJ a y provided, he or the other again but the the ir stating tiaS there Hhere uas agreement on an esplanade the shoreline was to be that shoreline was stated an ugly one it was . not along in As H'e inbe rg was uaterfront Mr. Jim Johnston endorsers of the was recognized calling attention to the petition Parks an~ Recreation Commission's esplanade plan Mr. J. Que tnick t'Jas posed for the lands ade, waterfront view, quired for this development, enjoying the waterfront than recognized stating the plan in which he and Oemaurex and the lOa' extension t.,hich he fe 1 t the present signed by 800 John Carl ~arnecke's firm had pro- were involved would provide an esplan- of PD into their parcels would be re- Has of more benefit to the citizens in 22-second drive by it Mrs. M. John Hieb was statements at previous posed by one owner, with with the waterfront view i~ecognized meetings referring and stating proper restrictions it desired to Planning Commissioner O'Leary.s it seemed the boardwalk concept pro- would still provide the community Drohan stated that necessary to provide front owners a possibly uhi Ie some he agreed with having the waterfront open, flexibility for negotiating and receiving acceptable joint plan it t.,as also from the water- Hr. Joseph Bacheller, a more restrictive to the Caprice, as that 125' of this Recreation Commissioner, Has recognized taken on zoning the waterfront from the ended by the Parks and Recreation Commission waterfront be reserved for park. Parks and position be recomm urgiqg that ~vind jamme r in proposing the water The Chair replied the l-Iinute s 1F 121 City Council 1 i ne nO't'l drawn '" as -6- PO 100 from Main Street to't-lard 28 August 1967 ABSENT COUNCILMEN Fanning NOES COUNCILMEN None AYES Moved by Bremer, dation concerning COUNC ILMEN seconded by Strawbridge, that Section 10-7(C)2 be accep~ed Bremer Drohan Hoffmire Strat-lbridge the Planning Commission unanimously passed Mr. Gatter pointed out that PD for downtown and apartment houses--in tJhich density or 750 for each unit located above the R-3 density now proposed could first would allow PA type of be 1,000 square feet floor which t-las s recommen- uses--commercial for each unit much higher than the Hr. t-Jatson Huarbauer ua densities were planned L Drohan stated this figure Sketch Plan 1990 and the recognized, recalling Commissioner ~or u projected 25,000 ultimate referred to projections made figure might be closer to 27 Harvey's comments that population on the Peninsula by Callister and Payne for ,000 persons Mr. Hal Joseph was recognized, exhibiting a chart showing multi-family densities of Tiburon contrasted with o~her Marin cities, indicating Tiburon exceed by a con- siderable amount the densities permitted by these cities. He stated that if the minimum parce 1 area wei-e nOH increased, as proposed, to one unit per 3,500 square feet, this would be out of balance. He suggested densities for the downtmln R-3 areas be considered separately from densities of this zone elsewhere in the com- munity and downtown density be increased Section 10-7. "R3" ZONE Hr. Thomas Kelly was recognized stating on August II, the Planning Commission had unanimously voted to change this density bonus to 1,800 square feet per dwelling unit, the railroad urging at that time that this be limited to 1,500. square feet; but at its August 15 meeting, the Cownission had amended their recommendation to the Council and Mr. Kelly urged the Council to accept the recommendation first made on August 11 n U Section 10-6. 'R2" ZONE Attorney's recommendation unanimously passed Moved by Bremer, seconded concerning Section 10-6 by Drohan, thai: second paragraph the City be accepted 7 Amended motion The Deputy City Attorney pointed out that the of filing fee required, suggesting this policy Stl-at-Jbridge, t"ith Bremer I s consent, amended the lO-2(E): "together ''lith a ~ in a schedule to be tion of the City Council said not be refundable "t'las unanimously passed fee, 't'lhich ec ified sum shall Corrunission had left be established by motion to illC lude blank the amount the Counc il. under Section ~doDted resolu- " Moved by Strawbridge, seconded by Bremer included in the Zoning Ordinance. Section 10-2 by the RO-1 for this language zone Hould "AR ZONE: designation, be retained neecl to be in the text adopted by Although it was ~hat by previous action, lands in AR were substituted the Planning Consultant's suggestion that language . The Deputy City Attorney pointed out this the Council to be included in the ordinance Exhibit A (text for AR Zone) be 6. Section 9. APPLICABILITY: Moved by Drohan, seconded by Bremer, that Commission's concurrence in the City Attorney's suggestion be upheld to Section 9(C) and (E) unanimously passed the Planning uith respect 4 ABSENT COUNCILMEN: Fanning NOES COUNCILMEN None AYES COUNCI1J.\.fEN Breme r Drohan Ho f fmi re Strawbridge Question on the Strawbridge the citizens and felt this stated the time a bond issue should be motion Has appeared for the initiated called for and unanimously passed to be coming acquisition of the rather than letting 't'lhe n the land it City should they desired go on year submit for a after to park year. I-loved by Drohan, on this particular area ary line, drawn 100' to Rock " seconded be the by Bremer, that the Planning Commission's recommendation supported by the City Council: "...as to the PD bound- Hindjammer, and high uater line from there to Elephant Hinutes #121 City Council -7- 28 August 1967 Mr. Ben Farlatti was recognized objecting to Mr Tiburon Lodge were destroyed, he would only be units if Mr. Bacheller's figures were accepted should be clear-cut and be spelled so that building homes would knOl~ ~1hat Farlatti asked if under the PD to its present standard if more be a permitted use probably would ~~ould old plans and suffice could be and approval vIas zone, than Further, out people going expected and uhat could be accomplished. Mr. as now described, he could rebuild the Lodge 50% destroyed. Mr. Gatter replied the Lodge rebuilt to its present standard; that the given by the Planning Commission . Bacheller able to s proposal rebuild to the he the stated into business saying if extent of PD zone and the 50 try might also be nacheller's figures should not dictate s really, what was ~ ted he doubted the Hr. Gatter that uhen the PD zone uas it Has with understanding that underlying the City's design plan. To Mr. Bacheller's comment Drohan replied it was not the City's intent to Bacheller in the meantime least put into the PD zone responding its intent stated the developers the discussed and accepted by the Commission standards would be established through was no plan, a plan, should there go very long without were waiting and the adopted such City Mr at Hr PD zone Joseph 't'las so included. ~-1as zoned lip Kelly was that recognized parcel at the north recognized adding the Mr. stated and the Gatter that near again the asking if end 'oad property were in the ..u u.... included in that Mr. property near the sewer plant should be the former parcels, near the Tiburon Peninsula Club sewer plant was zoned R-2 the oft ou '" 1_ ,." to be zone. also Mr. Bacheller was again recognized concerned him and he felt it was a were no basic guidelines other than He felt the City should set guidelines stipulating densities and the examples figures submitted expect citing as press. stating this section of the ordinance greatly mistake to zore the downtOli1n area in PD as there the 40% building coverage and height limitation and Oll1ne rs would knoH ~.,ha t to for downtown development to the Council and so citizens character desired in his letter addressed Moved by Drohan, seconded by Bremer, the substitution of the following in established relationship to present where there are plan submitted contiguous shall encompass areas, all that the text (D)5, Section and future land use both cases being in the II parcels of the 10-10: in surrounding same Ol-lnership PD zo ne "Where be accepted there is an areas the 'v i t h or master Section reference plan all approval take care 10.:.!Q.: to a 'PD" ZONE Drohan previous discussion properties of of noted the drafted PD zone language omitted in which an owner would be required to master under his ownership at the time of applying for a master plan one parcel. The Deputy City Attorney cited provisions under (D)5 might this Drohan suggested amendment of that subparagraph 10 ABSENT COUNCILI1EN Fanning NOES COUNCILHEN None AYES Hoved by Drohan, Section lO-8(B)3 COUNcrn'IEN seconded by Bremer, that the so as to L.~ead: "Services or Bremer Drohan Hoffmire ~-lord "processing" be deleted from research 0; unanimously passed: Strawbridge ing, that Section 10-8 recommended zone, he felt retained, these Commission's and they the word "PAil ZONE: no change '-lith such uses were that although permitting light compatible with the zone and uses be transferred to commercial. Mr. Gatter discussions, it ,.,as felt "processing" might also were not talking about light industrial use. He "processing" might be eliminated Drohan respec t not stated to that include data process- suggested hm-lever, the Planning Commission industrial the if stated uses the PA in PA text were in the 9 I"loved dation concerning unanimously passed Strawbridge, seconded by elimination of the Bremer, that the Planning Commission"s 30' height bonus in Section 10-7 be recommen- accepted by i-linutes 11121 City Council -8- 28 August 1967 The Deputy City Attorney in effect indicated this stated that in adopting the A-2 zone, the Commission had \lould be substitu~ed for the PA zone and if it were the Hr. Kelly was Section l3(E) recognized asking that he be given an opportunity to before final action was taken. speak to ABSENT COUNCILHEN Fanning NOES COUNC ILMEN: Hoffmire AYES Moved by Drohan, eliminated from the facilities would be motion question was COUNCILMEN seconded by Strawbridge, that plane and helicopter ordinance. Strawbridge ~~ithdrew his second on eliminated and not transferred to CG. Bremer called and motion passed Bremer Drohan Stral'1bridge fac ilities finding the seconded the Mrs. M. John Hieb was again recognized stating she mitting plane and helicopter facilities in any zone Co~~ission might allow such uses in any zone be was still concerned about per- by permit and that a future ABSENT COUNCILMEN Fanning NOES COUNCILMEN Hoffmire AYES Moved by Drohan, seconded by Bremer, from Section 22 to Section 10-11 (CG) COONe ILMEN Bremer Drohan Strawbridge that "Natural Production Use motion passed Following a brief discussion on elimination of from this same section--also recommended by the the Commission--Drohan \lithdrew his former objection all zones by permit be transferred communication equipment Committee and not to including concurred these uses buildings in by in Section 22. USES PEm1ITTED ALL ZONES: Following a brief discussion on mittee's proposal to eliminate plane and helicopter facilities from Section not concurred in by the Commission--Drohan moved that these facilities be eliminated from the ordinance, motion died for lack of a second the Com- 22-- 20. The Independent-Journal agenda bill numbered 11 representative asked if this included all items on, but not including the item on Section 22 on Moved by Bremer, seconded by Drohan, that the City Council concurs with the recom- mendations of the Lands and Development Committee and City Attorney's referrals concurred in by the Planning Commission and discussed openly in prior public meet- ings; this motion not to apply to those items on tJhich there is disagreement or where there has been no concurrence the The Chair stated the Council would consider an omnibus approach, taking action on all remaining items suggested by the Planning Commission from Sections 10-11 through 27. Drohan stated this would then cover those matters concurred in by the Planning Commission A five-minute recess was declared by the Chair, the meeting reconvening at midnight ABSENT COl.iNC ILHEN Fanning NOES COUNCILMEN None AYES COUNC ILMEN Bremer Drohan Hoffmire Strawbridge Question on Strawbridge stated before he voted on the PD text he would want some assurance that the City had control over planning. Mr. Gatter replied that before a plan ~ere adopted by the City, property could be developed under RP-l which gave some control, but it was clearly important to adopt a plan as quickly as possible the motion vlas called for and unanimously passed Mr. Gatter asked if it \lere the Council's desire to address itself to the request made by the railroad for rezoning two of their parcels into the PD zone. Bremer stated zoning would depend upon the terrain of the land and the Planning Com- mission's opinion as to whether they fit into the PD concept. Responding to the request for his recommendation, Mr.. Gatter stated he would leave the boundaries as now described until further design study indicates a change should be made llinutcs #121 City Council -9- 20 August 1967 ABSENT COUNCILHEN Fanning NOES COUNC ILHEN None AYES COUNCILMEN Bremer Drohan Hoffmire Strawbridge Question on Dr. Gonzalez w nm'l be heard. mission would .~ to Dr. Gonzalez consideration of first reading of the motion recognized asking if this action would assure the matter would Drohan stated that with this direction from the Council, the Com- n w be obliged to schedule the matter for hearing. Bremer explained the time element and procedural problems which had prohibited this petition along with other items in order to be included the ordinance Has called for and unanimously passed in Moved by Drohan, seconded by Bremer, tion requesting the Planning Commission Tract protestants as an amendment to the that the City Council adopt a to consider the petition of proposed zoning ordinance formal resolu- the Taylor With regard to the petition submitted was acre appropriate zoning and since the land Taylor Tract petition, it was believed the request made in the through Dr. Ernest Gonzalez for R-2 zoning of these properties most residents of the protesting area are already in 1/2- has been in R-4 ~lith 10,000 to 20,000 square ft lots of the hour at of referral they had sequently, Drohan presented Committee of August 28, 1967 separate amendments and that Drohan reported he had requested the Commission to tions if at all possible in their deliberations matters because late which the Commission completed review of items not been able to discuss the two petitions. Con- a supplementary report of the Lands and Development recommending that both petitions be considered as action on the ordinance not be delayed s Chairman on other consider the peti- of referral, but specific Commission now as to consider these Petitions: Bremer definitive Tract stated that although the Planning Commission had not taken action, the petitions of the Greenllood Beach Road residents and Taylor owners had been before them and asked if they couldn't be re-referred to the the Council had previously given its approval for the Commission items along with other referrals ABSENT COUNCILI1EN Fanning NOES COUNCILNEN None AYES COUNCILNEN Bremer, Drohan Hoffmire Strawbridge Question on the omnibus motion concurring in all Planning Commission, as referred to them by the and and City Attorney was called for and unanimously passed items Land s concurred in by the Development Committee ABSENT COUNCILHEN Fanning NOES COUNCILHEN None AYES Hoved by Drohan, (1) of Exhibit B COUNCILMEN seconded by Bremer, that RP-l be changed (PD zone text) unanimously passed Bremer Drohan, Hoffmirc Strawbridge text, agreed to Further, the Deputy City ~ttorney stated that in (I), last paragraph it stated lands shall be considered to be in the RP-l zone and on the P~-l designation suggested the (1) be el~inated RP in subparagraph of the PD since no one ABSENT COUNCILNEN Fanning NOES COUNCILNEN None AYES Moved by Drohan, seconded by Bremer, that Section 23(C) uses permitted in the A-2 zone un animously passed COUNC ILNEN Bremer, Drohan, Hoffmire Strawbridge be amended The City Attorney continued that since adding A-2, the Council might also wish add A-2 to subparagraph (C) of Section 23 Uses Permitted in Specific Zones to include to Council's intent to leave PA in, the A-2 text should be numbered Section 10.1-B rather than a substitute for Section 10-8. The Chair expressed the sense of the Council that the PA zone text be retained and the consequent renumbering accepted Ninutes 11=121 City Council -10- 28 August 1967 ABSENT COUNCILNEN Fanning NOES COUNCILNEN None AYES COUNCILNEN Breme r , Drohan Hoffmire Strawbridge Moved by Bremer, seconded reading be waived and the reading; unanimously passed by Drohan, that zoning ordinance be having been read by considered to have title, further passed first ABSENT COUNCILHEN Fanning NOES COUNCILHEN None AYES Moved by Drohan, seconded by Strawbridge, of intent to amend the ordinance; that the of parking unanimously passed COUNCILHEN Bremer Dr ohan Hoffmire that the City Council adopt a resolution Planning Commission reopen the question Strawbridge Mr. Gatter was asked to corrment on how the ratio had been established replied he couldn't recall ho~~ this had come about but stated in centers parking ratios as high as five times the area of retail been established some ground and he shopping space had Mr. Kelly was now recognized asking that they have an opportunity to submit in writing their comments on Section 13, stating they objected to the parking standards established which were higher than those he had previously encountered. Mr. Joseph exhibited a chart showing by population parking ratios set for Tiburon and five other cities. It was their recommendation that a ratio of one parking space per 200 square feet of gross floor area be set instead of 1/100 sq ft as now indicated. Addressing herself to the on first reading at this Planning ~ommission and She stated that Item #4 and Section TPAC report, she suggested not be time but recommendations for sent to returned to the Council for first reading on September 11. of their report concerning slope policy was very important urged substitution of the language suggested by their report for that now appearing in Section 14. Drohan repeated his suggestion that the Council be more opportunity to evaluate these recommendations and make their comments second reading 13 given at the ordinance amendment be passed the Miss Anne Ellinwood was recognized noting that on page 7, agenda bill, the correction which should be made should be (formerly R-l B-3) rather than the R-l zones as indicated last paragraph of the to the RO-2 zone TPAC Report ABSENT COUNCILHEN Fanning NOES COUNC ILlliIEN None Strawbridge AYES Moved by Drohan, seconded by Bremer, that a resolution of intent to amend the ordinance be adopted by the Council; that the Planning Commission reconsider and redefine "home occupations" as to where and hOlo1 they are allmved unanimously passed COUNC ILl"ftI..EN Bremer Drohan Hoffmire It was clarify tional the Lands the matter of restrictions as and Development Committee's recommendation that the Council "home occupation", where it is to be allm~ed and what to signing and parking may be necessary addi- Mrs. M. John Hieb was recognized citing the of the ordinance to the attention of these tions and the related problem of keeping attendant to such uses be reexamined. case residents residential which had brought provisions and asking that home occupa- free from retail traffic Drohan then read the Committee's comments on the petition presented by residents of the Greenwood Beach area concerning Section 6 (home occupations), Section 21 (C) Use Permits Section 23 Uses Permitted in any Zone and parking (Section 16) Hinutes 11121 City Council -11- 28 August 1967 i-linutes :/; 121 City Council -12- 28 August 1967 It was requested by the Chair that map changes and the finished ordinance be reproduced in time for second reading, scheduled in two weeks. The Chair stated that other items on the agenda would not now be taken. The Deputy City Attorney stated a tax rate must legally be established by August 31, first acting to adopt a budget. Because of the hour, it was agreed the budget would be taken at a continued meeting to comply with this deadline. VII. AD JOURNHE NT At 1:10 A.M., August 29, 1967, upon motion of Drohan, seconded by Bremer, and unanimously passed, the meeting was adjourned to Wednesday, August 30 1967 at 8:00 P.M., City Hall Council Chambers. ~::J ( I~' ~ " City Clerk Approved by the City Council on ~ was point The Chair he creating a for also concerned ing out this stated fun:! monies e};:pendi ture was concerned about acquisition of the about for a liQuId be obtaining some funds railroad's rights-of-way. solution to downtown drainage, of such ~a3nitude as to require for parks and also Bremer stated he the City Manager either "Tilling Nrs. Mary Price as to whether it to pay the was recognized stating she had contacted the County's tax offices was possib18 t~ show the City and County tax separately as she was County tax but not that of the City by dim,inishing, he in 1967. The also could not Bremer stated increases agreed that support an increased that 'tvhile this federal and state, no additional felt Chair increase might be appropriate and school district and should be burden while in any other year, with county taxes seemingly not imposed on Tiburon's citizens the money could certainly well be used he tax rate for this year Strawbridge then spoke proposing that the tax surplus which would be possibly $10,000 for a $4,000 for parks, and maintenance man. He Marin County and he corporation yard, $2,000 which might stated this tax r~te felt the City's operation use" 'to1ould to a letter he had rate be increased available to take the the to be (3) of an emergency City '"'QuId City mieht blocked Hannger pt no agreeing to bui its ase; (2) a 1.21:'32 for indefinite m'ln access test bOl'in~ periods of have been City suggestion Hith reported the vlith Net Depot site: (1) gates key can not be hours "1hen to the Net Depot would b2 provided the City, tue12 arose.--tj:~is have prob1e~ ld ,,:ould be ing one reference to the $7,500 allocation for a Superintendent Works had officials now sc~e serious pfter no access of ?ublic revealed locked be corporation yard, reported to him drawbacks to and since a on weekends or after- of the primary reasons for rOD.d to the portion of the hole on the site would cause time, ranging from hours to instructed to dispose of surplus land from planning an access road at the suggested that under these circumstances formal determination as to site be with this the that the regular hours City Nan382} conversatio:13 use of that ANNUAL BUDGET 1967-1968 Resolution Nos. 164 and 165 Having before them the budget proposed for the fiscal year 1967-63 revisions made at the August 14, 1967 Council meeting, consideration was the City Manager's letter of P.1Jgust 2!f, 1967 in '-lhich tW0 c.dditional cuts $2,000 and projected increased sales tax revenues of $6,600 W8re noted. Tile City Hanager reccrnmended th.st the $28,681 difference bett-leen total revenue of $469,8/4-0 and total budget of $441,159 b8 placed in the CO:.1tingency Fun::! and possibly $8,000 earmarked for future use by the Pl~nning Co~~ission and Parks and Recreation Co~- mission, as projects proposed by them were authorized by the Council. On the basis of the budget proposed, a 60C tax be maintain~d, distributed between General Fund (47~) and Capital expenditures. rate Outlay could (13C) incorporatil:g given to total:.i-':13 ? I~I :..-11.IN!L'fE OF'p',ERS Rose, City Manager (left meeting H Breiner, Deputy City Attorney W. Copple, Deputy City Engineer Brunh-.i, Superintendent of Public Works Russell Nelquist, Assistant to the City Manager Robert Louis Lawr(~nce Richc:rd EX OFFICIO Drohan Fanning D 9 00 p .H. ) ABSENT COUNCILHEN Lrenle r Hoffmire Strawbridge PRESENT COUNCILHEN II RQLL CALL The adjourned meeting of called to order by Mayor City Hall Council Chambers the City Council John S. Hoffmire City of Tiburon, Jr. at 8:08 P.M. State of california, was on August 30, 1967 in the I CALL TO ORDER I1h~~utes #122 CI'I'Y OF TIBURON C I'I'Y COUNC IL 30 August 1967 Mrs. Louise Mirata, Assistant to the City Clerk, was recognized stating the budgeted amount for the ordinance had been $4,855 and costs Here still within that allocation Mrs. Price was again recognized asking firm of Callister and Payne, the Chair why the zoning ordinance contract the Chair replying there was a unforeseen hours spent on the Mr. Gatter firm ordinance with Mr. contrac ~- by ABSENT COUNCILMEN: Drohan Fanning NOES COUNC ILMEN None Strat-lbridge AYES Moved by Bremer, seconded by Strawbridge, that a Minute Order be adopted directing that a Contingency Fund of $28,000 be established, $8,000 of which to be specifically earmarked for the Planning Commission and Parks and Recreation Commission, as the Council sees fit upon receipt of duly documented requests from said Commissions unanimously passed COUNC ILMEN Bremer Hoffmire Miss Ellinwood payment of reviewed as Mr. to t-las George the correctness again recognized aski Gatter's planning _~ of the charges that before ""nsulting under final warrant services that the the contract l-las drawn for amount be ABSENT COUNCILHEN Drohan, Fanning NOES COUNCILi.1EN None AYES Moved by Bremer, seconded by Strawbridge, that Resolution No. 165 be adopted, A RESOLU:IOU OF T:I: CITY COUNCIL OF THE CITY OF TIBURON FIXING THE RATE OF TAXES ON SECURED AND UNSECURED PROPERTY FOR THE FISCAL Y~R 1967-68, such rate being established as 60~ per $100 Assessed Valuation; unanimously passed: COUNC ILl1EN Bremer Hoffmire Strat-lbridge ABSENT COUNCILNEN Drohan Fanning NOES COUNCILNEN: None AYES COUl'{C ILHEN Bremer Hoffmire for and unanimously passed Struubridge Question on }liss Anne Ellinwood was recogniz2d stating hGr written corlli~ents were previously addressed to the Council, and cc.~~ented the previously allocated monthly amount for planning aervices had been $350 rather than the $300 referred to and $4,500 of this al10c2tion had been unexpended at tl:e end of last year. She stated that in June the Plannir?;3 Conunissior: had asked that these unused funds be earmarked i-1 the 1967-68 budget for planning services anc:, therefore, of the $8,000 SlUll sugge::>tcd only $3,500 could t-~ cons idered "nel'1" money. Further, she fe 1 t the services of c..i top planner could b2 obtained at an annual c~lary the City could afford) which l~ould b2 less expensive than retaining a series of consultants over the year. She also asked that a policy be enu~ciated by the Council whereby the budget would be presented to the co:!'.mittee by Nay 1 ar.d be open for public hearings by June 1, since salaries must be acted upon by June 15th, and that projects be identified by content as t~ell as code numbers. She stated that communications within Com- missions and Administration be uell established so the needs of these Commissions would be reflected in the budget. As to this latter point, the Chair replied the Parks and Recreation Commission's budget had been submitted in February and that of the Planning Corr~ission received in June. ~liss Ellinwood also suggested that provision be made for quarterly, external financial reports. The Assistant to City Manager stated that with revisions to the City's bookkeeping system, now way by the auditing firm, monthly reports will now be made the motion t'Ja~ called the under Hoved by Bremer, seconded by Strm~briGge, that Resolution No. 164 be adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ADOPTING A MUNICIPAL BUDGET FOR THE FISCAL YEAR 1967-68, in accordance tJith the budget figures presented by the City Hanager in bis letter of August 24, 1967 special acquisition budget sessions assessments or be considered a bond issue. Bremer suggested by the Council three or four that a policy on land months ahead of next year s Hinute s iF 122 City Council -2- 30 August 1967 Mrs. Price was again recognized suggesting further police patrol Drive due to the excessive speeds she has noted on these streets Letter from the Tiburon Peninsula Advisory Committee, by the Chair to the Planning Commission their letter ing a planning consultant of Ma r dated August 31, 1967, was referred stressing the importance of retain- vIe s t and Parad ise Planning Consultant Receipt of Conforming to to the City Manager policy to give that notice of recognition Constitution T.'On.1.S, as 17-23 letter from the El the Counc iI's The Chair acknowledged Union High School District, Architectural Advisory Committee mittee directing the Assistant receipt of request asking that . The to the from Mr. Chet Carlisle a Councilman be named to serve on Chair appointed Strawbridge to serve on City Manager to so inform Mr Carlisle Director of Tamalpais their Citizens the Com- Citizens Mrs. been anD~ pay the total involved. that advertising had amounted to exact figures in the City's offices concerning costs Architectural had recent been previously recognized asking what the costs xation proceedings and ~Jhether the City The Chair confirmed the City would some $300 or $400 inviting Mrs Advisory Committee of advertising had would be requi~ed to pay these amounts, and Price to obtain the Nary Price An~tion VI QUESTIONS At the applicants APPLICATION FOR USE PER}IIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIV~ BETVlliEN TIBURON EOULEVAP~ AND MAR WEST leinberg and Demaurex et aI, appellants request the Chair directed this matter continued v APPEAL ABSENT COUNCILMEN: Drohan Fanning NOES COUNCILHEN None AYES COUNCILHEN ~~ved by BreBer, seconded UTION OF THE CITY AT 34 REED RESOL PROCEEDINGS Bremer OF RANCH Hoffmire by StrmJbridge, that rresolution No. 166 TIBURON DECLARING CONFIr~~TION OF COSTS ROAD TIEURON unanimously passed Stra\>lbridge be .adopted, A FROH ABATEMENT request of attorney for Mrs. Raymond Noel, owners of 34 Reed Ranch c0nfiri:::,::,.t~ion of abatement in removing the struc ture at that address had been continued froill the August 28th meeting. The Deputy City Attorney stated that \-]hile he \'las Vlillin2' to further continu~ the matter, he '\'las ready to proceed with this confirmation. 1-:.2 stated the City Has in receipt of letter dated August 25, 1967 from Attorney Keith rl. Richards objecting on behalf of his clients to the cost of abatement, "'CJhich his ci.iGnts had assumed to be $1,000 rather than the $1,500 cost as evic'.enced 1-"7 billing f:r.oa Ghilotti Bros., contracting firm accom- plishing the demolition. ~\s to tl~eir objection that the foundation had not been removed, the Deputy City Attorney explained that the structure, rather than the foundation had created the public nuisance causing abatement to be undertaken A t the Road Hr. and costs CONFIill'~TION OF ABATE}ffiNT COSTS Resolution No 166 IV RESOLUTIONS At Bremer's Enforcement be suggestion, Item #2 Bureau, was directed presented when the City Manager under Ninute continued by was in attendance Orders, Establishment of the Chair in order that Cooperative La\o1 the matter might Hinutes #12'2. City Council -3- 30 August 1967 Hinui:es 1f 122 City Counc il -4- 30 August 1961 Y1.! ADJOURl'n1ENT There being no further business. at 9:34 P.M. the Chair declared the meeting adjourned / Approved by the City Council on HAYOR OF The City Manager explained the case which had brought the need for an alternative between the two extremes of admonishment and incarceration to attention. Drohan approved of the intent but urged that a set of ground rules be adopted to provide Moved by Bremer, seconded by Fanning, that having been read by ordinance be considered to have passed first reading. title only Title was so read by the Chair, being AN ORDINANCE OF THE CITY OF TIBURON PROVIDING FOR CITATION PROCEDURE FOR VIOLATION OF CITY ORDINANCES. the ABSENT COUNCILMEN None NOES COUNC ILMEN None AYES Moved by Strawbridge, seconded by Drohan, reading by title only; unanimously ~ssed COUNCILMEN Bremer Drohan Fanning, Hoffmire Strawbridge that the ordinance be Bremer presented bill dated September 1, 1967 carrying the recommendation of the City Manager that an ordinance be adopted to provide citation procedure for viola- tion of City ordinances. The Deputy City Attorney explained this procedure would allow police officers the same option as the Penal Code now provides for violation of State law to either bring an offender before the magistrate or give hLm a citation to appear at a future time; that without this provision the officer may now either issue a warning or take the only other alternative, make an arrest and deliver the offender to jail. introduced by CITATION PROCEDURE FOR Introduction and First VIOLATION OF CITY ORDINANCES Reading IV ORDlliANCES Question was called Fanning noted Architect Gensler's name Uark. for and motion unanimously passed to accept the minutes as corrected also on page 4 of Str~~bridge requested that his statement in Minutes #121, page 3, 1st paragraph, be corrected to indicate the proposal of the Planning Consultant was to zone the area inboard of the highway in A-2 and outboard in the P zone; further, on page 4, he a:::cd that his statement be added to the discussion on the motion modifying the "ridge" area to RO-l to the effect that no commitments were being made at this time for any favorable action on a rezoning request, since it appeared to him the minutes might give an inpression to the contrary. Bremer agreed it was not the intent to make any commit- nents. Minutes 4;121, was 'Art II not HOved by Bremer, August 28, 1967 as submitted. seconded by Fanning and Minutes #122 for that Minutes #121 for the regular meeting of the adjourned meeting of August 30, 1967 be approved III. Lawrence D Richard H. Ray H. Louis APPROVAL OF MINUTES Rose, City Manager Breiner, Deputy City Attorney Foreaker, Jr., City Engineer Brunini, Superintendent of Public Works EX OFF IC 10 ABSENT COUNC It"::U None Bremer Drohan Fanning Hoffmire Strato1bridge PRESENT COUNC ILMEN II Tile regular meeting of the City Council, called to order by Mayor John S Hoffmire City Hall Council Chambers ROLL CALL City of Tiburon, Jr. at 8:10 P.M State of California, was on September 11, 1967 in the I. CALL TO ORDER Ninutes IF 123 CITY CITY OF TIBURON COUNCIL 11 September 1967 Drohan recommended Section 4 be left in the ordinance but agreed with the Com- mission that the fee should be eliminated and that people should receive the recom- mended planting list at the time of obtaining a pe~it. Fanning stated that as long as views were not obstructed, persons should be able to plant as they wished without permit. The City Manager stated citizens should be made that in planting in the public right-of-way they would be subject cutting as might be required in the future. aware to removal or Fanning objected to a pennit being required, especially for ground cover planting and stated he did not think the City should maintain landscaping. Section 4: Mrs. Polly Smith was recognized stating it was the Commission's recom- mendation that a permit, without fee, be obtained and at that time the applicant would be given the City's accepted tree and shrub planting list. She stated a differentiation might be made between those persons applying to plant greenery and those who would build fences or put in street lights in the City easement, the latter being required to go through design review. Section 3-( : Drohan concurred with the Commission to this subsection s suggestion to add "guy wire Section 3-(d): Drohan stated he could understand the Commission's concern that a plethora of parking signs might be attached to trees, but could also see the necessity to provide some emergency means of posting signs, suggesting the Com- mission's recommendation be concurred in with the addition: "Providing, with the exception of emergencies or special circumstances, that these signs have the approval of the Board of Design Review " " Section l-le): Drohan stated the Committee would concur with suggestion that "ground cover" be added in this subsection. Section l-lC): mendation that Drohan stated the ~eeding, gardening the Commission"s Committee would concur in the Commission's and watering" be included in this section recom- Drohan stated that after reviewing the points of contention, he would request that the City Manager prepare the ordinance for first reading at the next meeting Mrs. Polly Smith, Chairman of the Parks and Recreation Commission, was recognized stating it would be difficult to follow the discussion as the Commissioners were not in receipt of the model ordinance annotated with the Commission's recommendations On behalf of the Lands and Development Committee, Drohan presented bill dated September 5, 1967 again placing before the Council draft of an ordinance regulating planting and removal of trees and landscaping in City easements, noting the drafted ordinance was referred to the Parks and Recreation Commission on April 24, 1967. On receipt of the Commission's recommendations on July 24, 1967, the Lands and Development Committee had asked Staff to prepare a model of the ordinance embodying the substantial changes proposed by the Commission. By letter of August 7, 1967, the City Manager expressed some objections to some recommendations of the Commission. REGULATION OF REMOVAL ON CITY EASEMENTS AND Re - introd uc t ion , PLANTING AND MAINTENANCE OF TREES AND LANDSCAPING RIGHTS-OF-tolAY ABSENT COUNC IU1EN None NOES COUNCILMEN None AYES COUNC:ILMEN Bremer, Drohan Fanning Hoffmire Strawbridge Question on the motion was called Strawbridge called attention to what appeared to be a clerical omission in the second paragraph of Section 4. The Chair directed the Deputy City Attorney to make such correction by the time of second reading. for and unan~ous1y passed The Deputy City Attorney stated it was possible for cities to set policy guidelines for police departments. The Chair replied there were degrees to be considered in any misdemeanor and he didn't believe complex policies should be set until it was found necessary. Drohan agreed saying if this ordinance did not accomplish its aims it could be rescinded. administrative guidance under which officers can operate in such enforcement. Bremer pointed out that if a citation is issued, a person is still arrested but this ordinance would allow appearance at a later time and not require immediate incarceration. Minutes 1;123 City Council -2- 11 September 1967 It was meeting, 1967 the sense of the Council the Chair declaring that second reading be postponed such meeting would be held on Monday, to an adjourned September 18 The Chair noted that while inadvertently omitted from the agenda, the City's Comprehensive Zoning Ordinance was now before the Council for second reading and adoption. Drohan stated (1) that in view of the fact the full ordinance text had just been received at this meeting and because of the importance of the matter, he felt the Council should have an opportunity to review the text and perhaps act on second reading and adoption at an adjourned meeting one week from this date; (2) the omnibus motion of August 28th adopting those items referred by the Lands and Development Committee and the City Attorney to the Planning Commission and concurred in by that body should be clarified inasmuch as the Commission's report back to the Council also included four Commission-initiated recommendations which could possibly be deemed excluded; (3) that an opportunity be provided to discuss the contents of the TibuI'on Peninsula Advisory Committee's letter of August 27 received just before the August 28th meeting; and (4) that discussion on the railroad's letter also be held COMPREHENS IVE ZON ING ORD INANCE Second Read ing A short recess The Chair directed with the regular comments meeting was declared the Staff to prepare a draft of the ordinance in accordance made and to present the ordinance for first reading at the next the meeting reconvening at 9:31 P.M Mrs.M. John Hieb was recognized suggesting that on the sale of any home within the City, the new owner be informed that landscaping was welcomed and the recommended planting list could then be supplied. It was the sense of the Council that this suggestion had merit and should be incorporated. Drohan stated the last Commission recommendation called for landscaping planted in the rights-of-way to be maintained by the abutting property owner, and he felt this should be borne by the City, Fanning agreeing with the Commission's suggestion The Chair requested this matter be reconciled in Cpmmittee Drohan suggested the division of responsibility for review of landscaping not be made as suggested by the Commission but that City-initiated landscaping might be approved by both the Parks and Recreation Commission and the Planning Commission The City Manager stated this policy might better be placed in some other body of law. It was the sense of the Council that Drohan's suggestion was acceptable as a substitution for the Commission's recommendation Section 9: Although the Commission recommended deletion of this section dealing with violations and penalties, Drohan felt that without punitive measures the ordinance would be of little effect Drohan endorsed the Commission's recommended addition of "unless it is demonstrated othen~ise" to Section 6(a), last sentence; and asked for the City Engineer's opinion on the recommendation that the diagonal line referred to in the section be drawn 20' back from the point of intersection rather than 40'. The City Engineer agreed to present his analysis of this point to the Committee It was the sense by the Commission of the Council that another addition to was redundant and need not be included Section 4 As to the Commission's recommendation that a subsection be added to Sec. 4 'Any major removal or major trimming of trees in the rights-of-way by the City must be preceded by proper notification to the property owners abutting the rights-of-way involved", Drohan stated he was inclined to agree but the Committee would recommend that a clause "except in the case of emergency" be added (f) proposed The Chair requested section the Committee to work out an effective compromise for this The Superintendent of Public places in the City where the curb which will have cypress to be i.vorks was and recognized pointing out that there eucalyptus trees are planted within removed to prevent damage to curbings 1 are nOl;'l foot of Mr. Irving Moulin, former Chairman of the Parks and Recreation Commission, was recognized stating it had been the sense of the Commission that no permit would be required except for major landscaping or cutting and that people should be encouraged to landscape between their property line and the street Minutes 11123 City Council -3- 11 September 1967 Planning Commissioner Rampton ~-l Harvey was recognized saying at some future time Bremer stated that by leaving the provision in, it would be difficult to justify turning down an application for a yacht club; the Chair stated he was inclined to leave the provision in Section 23; Drohan stated he did not want to see the possibility of a yacht club somewhere in the Peninsula eliminated but wanted to see the waterfront between the Uindjammer and Elephant Rock kept open and free of massive buildings; Fanning stated the citizens' desires for the development of this area have been well expressed and felt developers were ~~are of this concept but if the provision were omitted now, it would preclude such uses in other Peninsula areas; Strawbridge stated a variance could be granted, the Attorney replying a prohibited use could not be allowed by variance ordinance could be amended. Strawbridge stated he felt the Council action now to indicate its stand on an open waterfront Deputy City but the should take Mr. Weinberg was again recognized stating it would appear desired but a port of call would be acceptable; that planners dete~ine what could be done and how much it would cost, a matter have to determine itself if they wished to acquire the property. clubs were l-lould have to the City would The Deputy City Attorney stated could not be deemed confiscatory buildings could be set forth yacht that if this use were deleted from the zone, it and if retained, limitations as to berths and not Miss Anne of not Ellim100d was recognized stating that TPAC's reference to a port of call over 40 berths also stated that no permanent berthing facilities should be pennitted procedure proposed use Mr. Matthe\ol Heinberg was recognized recalling that at earlier Commission meetings, yacht clubs as a use by right in the "p" zone had been substituted to provide this use by use permit but through oversight had not been included in the drafted ordinance in this section. On August 15, 1967, he had called the oversight to the Commission's attention and they had acted to restore this use by permit add so recommended to the Council. Further, he stated the Callister and Payne plan had shown a port of call and the TPAC report he understood endorsed a port of call of 40 berths. He urged that the provision be retained in order that planners could take this feature into consideration and felt if deleted, on the basis of the property he represented, it would clearly be spot zoning and confiscatory, noting also there l~as already a yacht club in the "p" zone. He stated that use permit in the ordinance would provide ample safeguard in considering any such Mr. Thomas Kelly, Northwestern Pacific Railroad attorney, was recognized calling attention to page 3 of the railroad's letter which pointed out a breakwater which would have to be constructed would be on property not controlled by the railroad but their report had not stated the breakwater was not feasible Moved by Strawbridge, "p" zone be stricken seconded by Drohan, that yacht clubs by use permit in the from Section 23 Motion was duly withdrawn Section 23 Planning Commission recommended that yacht clubs, by use permit, be allol'led in the "P" zone. Drohan questioned whether "yacht clubs", with their buildings and appurtenances were really desired in the "p" zone, although noting arrangements for ports of call were included under provisions for mooring. Section 20: It was the sense to substitute "The Boards" for been concurred in. of the Council that the Commission's recommendation "The Board" in the 4th paragraph of this section had Section 16: Planning Commission tion (I) so all master plans would (G), (H) and (I) be restructured had been concurred in recommendation to delete 5-acre limit in be reviewed by the Planning Commission, It was the sense of the Council that this subsec- and that item Section 10-11: Planning Commission recommendation for amendment of (C)5 by sub- stituting: "All buildings, fences, structure alterations or other visible from the exterior developments are subject to Design Review in accordance with Sections 11 and 20"; further, that "CG" be added to zones requiring design review. It was the sense of the Council that this item had been concurred in and was to be included in the ordinance Drohan tion as to items were then itemized the four Commission recommendations which required clarifica- their inclusion in the omnibus motion. The City Manager stated these included in the text now before the Council Minutes 11123 City Council -l.~ - 11 September 1967 Drohan then continued by commenting on the TPAC and railroad's letters. He stated he would like to have the Planning Consultant's opinion as to TPAC's recommendation concerning including average lot widths and the use of a "floor area" ratio in controlling bulk in relation to lot size. As to TPAC's comments on parking re- quirements, he felt this subject should be taken up again and believed these matters could be referred to the Planning Commission for amendment after adopting the ordinance operation; not felt strongly about been decided and with the advent matter could be reconsidered then previously-made decision stand Strawbridge stated he facilities by use permit transportation to San Francisco, for such an the Chair the would as reconsider the action eliminating helicopter t want to discourage any possible form of suggesting the ferry slip might be an ideal spot agreeing on reconsidering. Bremer stated he had matter one way or the other but felt the issue had of commercial and private helicopter service the Drohan indicated he would prefer to let the like to he didn The City Manager then asked zoning map, which was part question on the Hilarita records supported this property near the was indicated as if there were any of first reading. zoning, indicated as zoning for the subject Tiburon Peninsula Club, the intended questions concerning the exhibited Fanning stated there was some RO-2; the City Manager confirmed area. Fanning then asked about City Manager confirming this the the zoning Mr. Weinberg was recognized asking if he was correct in his matter of yacht clubs by use permit in the up" zone would be Planning Commission for a satisfactory definition. The Chair would recommend to the Planning Commission that the matter be and whatever is adopted would come from that body understanding that sent back to the stated the Council given further study the Drohan withdre\'l Strawbridge be supplied could not vote asked if as boat on his it weren't the sense of the Council that berthing facilities could still mean appurtenances such motion without having the definition spelled out motion a definition first and he Drohan moved that the words in the recommendation "yacht clubs in changed to "boat berthing facilities" by use permit in the "p" zone Strawbridge and visit would be stated he restaurants, different from 'p' had no objection to berthing facilities for boats to tie but opposed yacht club buildings and appurtenances that a port of call z one be up Mr Weinberg was again recognized proposing that additional 'berthing facilities by use permit might be wording in line with the citizens' desires Bremer stated he might reconsider his position upon receiving a tion for "yacht clubs" suitable defini- "yacht clubs", as previously discussed, could be to permit such use by permit in the up" zone. The Deputy City Attorney replied this could probably be done after second reading by including such intent in a resolution of amendment Fanning inc I uded asked if it if a definition of \-le re dec ided ordinance "'nd make any Commission was in effect still in first reading changes they wished if they per- to the Council The Chair have bee n then ruled the vote included in first v.1Ould reading of indicate this provision would be the ordinance deemed not to Fanning explained he had abstained because he was not present and voting on omnibus motion to which the subject motion was addressed the ABSENT COUNCILMEN None ABSTAINING COUNCILMEN Fanning NOES COUNCILMEN Hoffmire AYES COUNC ILMEN Bremer Drohan Strawbridge Question was called for and motion passed it Minutes 11123 City Council might be desirable to have a yacht club in -5- the 'p zone 11 September 1967 ABSENT COUNCILMEN None NOES COUNCILMEN None AYES Question on the motion was called and motion unanimously passed COUNCILMEN Bremer, Drohan Fanning Hoffmire Strawbridge Bremer suggested that new sign is erected an already existing no-parking sign be removed before the City Manager confirming this would be done the Moved by Bremer, seconded by Strawbridge that Resolution No 167 be adopted By bill dated August 25, 1967, Bremer presented a TIBURON ESTABLISHING A NO PARKI~~ AREA ON THE fmST DISTANCE OF FIFTY FEET OPPOSITE 20ne PARADISE DRIVE RESOLUTION OF THE CITY OF SIDE OF PARADISE DRIVE FOR A ESTABLIs~mNT OF NO PARKING AREA ON Resolution No 167 HESTERLY SIDE OF PARADISE DRIVE v The Chair confirmed second reading of the ordinance would be taken at the meeting of September 13 1967 RESOLUTIONS Mrs. M. John Hieb was recognized stating at adoption of the ordinance to read her she would like to have letter of September 7 the opportunity 1967 to the Council Miss Ellinwood was again recognized asking that a 3 of TPAC's letter be noted; that since changing dwelling unit square 3500', R-3 minimum lots 1;-1ould have to be changed to 10,500' and minimum adjusted accordingly. Further, Miss Ellinwood asked whether the Council could not properly consider for inclusion in the ordinance the matters of parking space and stalls and replacement of the word "eleemosynary", as \'lell as TPAC' s comments on multiple uses on the first floor in the PA zone. The Chair asked that TPAC inform the Lands and Development Committee of any such matters they wished included on the list of items \'1hich the Council Hill consider for .referral for amendment to the Planning Commission. Drohan requested that the matters raised in the railroad's letter also be included correction on page footage to 1;l1id ths Drohan stated he was not respect to rezoning the should be taken as a separate subject in favor of making a recommendation for map changes with Hilarita lands but did feel that hearing on the matter At Drohan's request, the Chair directed appeal from decisions of the two Boards by Commission findings by any person adversely Bremer adding appeal procedures should be consistent that TPAC.s five property owners affected be added to recommendation concerning vs. appeal from the list of items not answ""'.... matter and recommendations the for amendment of the requit~ments City Manager asked if the Uniform The Chair directed the City Manager the subject list of items is before Drohan asked that the subject list of items include clarifying height of structure regulations as well as the present provisions concerning failure of a Board to act on appeal, as described in Section 18. The Chair directed that this be added to the list of items for Planning Commission consideration Miss Anne Ellinwood was recognized stating the County's Uniform Building Code has been amended and such change 1;~ill be made in the State's code next year and felt the City's ordinance should conform to these new definitions She also urged that Tiburon's slope policy be restored The Chair asked that record be kept of the items which the Council will consider for referral to the Planning Commission immediately after adoption of the ordinance to include the matters already mentioned. Drohan added this list should include restoration of the Tiburon slope policy; Strawbridge noting TPAC's concerning "net" or "gross" buildable area and height and grade uniform with the County ordinance should also be included recommendations standards to be Minute s 1ft 123 City Council -6- 11 September 1967 The City Engineer suggested that having received the sense of the Council he and the City Manager could prepare a report for the next meeting which outline what could be accomplished in the initial engineering work, and he would also make a presentation on the Belvedere Cove plan to the Planning Commission that would Mr. Allan Littman) Planning Commissioner, was the $15,000 sum should be spent at this time opportunity to have the Planning Consultant zone and felt this action might prejudice recognized stating he did not until the Commission has had an study the ramifications of the PD PD development for the downtown area Bremer ago to of the plan in Belvedere Cove explained \-10 r k '\-lith the outlet that he and Strawbridge the people of Belvedere McCreary-Koretsky report feel had been assigned the task 1-1/2 years and this Committee had proposed acceptance which would take excess waters to the Mr. Erik Rettig, Chairman of the Planning Commission) was recognized stating the downtown drainage solution ties in closely with planning and asked that the plan adopted be clearly spelled out as the Commission had just established a schedule of priority items for study which would include this drainage problem and he felt the matter should come before the Commission for review Moved by Bremer, seconded by Drohan, that the Council allocate out of presently- existing in lieu funds the sum of not to exceed $15,OOO--to be matched dollar for dollar by the City of Belvedere--to commence engineering studies to solve the downtown drainage problem s position on a downtown canal, Mr Bill Cavalli, Belvedere was recognized asking that they receive copy of any statement the concerning the feasibility of this canal The City Engineer pointed out that funds used for interim could better be placed to obtain engineering estimates required as the step in financing the overall solution to the drainage problem. The ensuing discussion centered around immediate interim solutions VB. devoting existing allocations to the engineering costs as recommended by the City Engineer. It was noted by the City Engineer that such interim solutions would not be.a part of the Belvedere Cove outlet plan, and further that discussions with the Division of Highways concern- ing improvements to Tiburon Boulevard would be hampered until the drainage solution were known. solutions first Mr. James ~~ert, Belvedere resident, '\~as recognized urging that the Council take action on the overall pla~as had the City of Belvedere in voting to enter into a Joint Powers Agreement to form an assessment district which would allow waters to be discharged into Belvedere Cove and that further time not be spent in attempting interim solutions On behalf of the City Engineer) the City Manager preseQted bill dated August 25, 1967 giving in some detail the background of discussions on the downtown drainage problem and possible solutions, with the City Engineer's recommendation that the benefits to be derived from a partial solution will not be worth the costs in- volved and strongly recommending that the City should aggressively direct its efforts towards implementation of the overall drainage plan DOWNTotoJN DRA INAGE PROBLEM ABSENT COUNC ILMEN None NOES COUNCILMEN None Strawbridge AYES Moved by StrmJbridge, seconded by Bremer, that the minute order be adopted as recommended by the Development Administrator and that the Mayor be authorized to sign the required form; unanimously passed COUNCILMEN Bremer, Drohan Fanning Hoffmire Strawbridge dated August 31, 1967 carrying the Development Ad- ministrator recommendation that by minute action the Council approve issuance of notice to the Department of Housing and Community Development that the City has adopted and is enforcing ordinances prescribing minimum standards equal to or greater than those enforced by the Department as does the City through Ordinance No 49 adopted February 14 1966 presented bill s LOCAL BUILDING REGULATIONS DEPT OF HOUSING AND COMMUNITY DEVELO~lENT Hinutes 4/:123 City Council VI. HINUTE ORDERS -7- 11 September 1967 the owner had been considered by Bremer asked Fire Chief Frank Buscher \Vas recognized that the District spend $7,000 to had stated the correction of urged the Council tive work done by whether to pursue the Ovlner a private adjacent the position suit against stating the engineers ~jho had proposed create a berm to alleviate firehouse flooding culverts should first be made, and he they had taken in ordering this correc- the Hr. Escadillo, urging that the director of the Tiburon Fire Protection District, was recognized corrections be made as previously requested by the District By report dated September 5, 1967, the City Engineer sought the Council's advice on proceeding ~jith the matter of requiring that drainage facilities in front of the Tiburon Lodge be corrected, as previously directed by the Council in view of the owner's apparent unwillingness to make these corrections CORRECTION OF DHAINAGE IN FRONT OF TIBURON Mr Fred Zelinsky, Ol1ner LODGE The Chair directed the matter tabled The City }wnager suggested this matter the City-County Services Committee has Potvers Agreement llhich would establish be placed on the Suspense Calendar until submitted amendments to the proposed Joint a cooperative law enforcement bureau ESTABLISfu~NT OF COOPEP~TIVE LAW Draft of Joint Pouers Agreement In answer reflector ENFORCEMENT to Fannings request, lights are placed on BUREAU the Chair directed the City Engineer to see the roadl~ay to alert drivers to this hazard that ABSENT COUNCILNEN None NOES COUNCILI1EN None AYES Moved by Stralvbridge, seconded by Drohan, be accepted and public hearing be set for COUNC ILMEN ilremer Drohan Fanning that the City Engineer's recommendation September 25, 1967 unanimously passed: Hoffmire Strawbridge By bill dated September 5, 1967 the City Engineer recommended that he be authorized and directed to initiate proceedings to abate a slide on the easterly side of Rock Hill Drive which has caused fill to be deposited in the City street, and that the matter be set for public hearing ABATEMENT Assessors Max Oncina OF NUISANCE, ROCK HILL DRIVE Parcels 39-151-28 and 30 ~vner ABSENT COUNCILNEN None NOES COUNCILMEN None AYES Moved by nremer, seconded and public hearing be set COUNCILMEN Bremer by Strawbridge that the City Engineer be so directed for September 25 1967 unantmously passed D::ohun Fanning Hoffmire Stral.Jbridge Bremer presented bill dated September 5, 1967 containing the recommendation the City Engineer be authorized and directed to initiate nuisance abatement ceedings to cause the drainage ditch on Blackie's Pasture, owned by Messrs. Connell, to be cleaned and that public hearing on the matter be set for September 25 1967 that pro- ABATEMENT OF DP~INAGE NUISANCE AT BLACKIE'S Thomas Connell et al and Anthony L Connell PASTURE Ot\1ne r s me....ting; of Belvedere the City Engineer and staff and that they coordinate with to keep them advised to prepare a report for the the Planning Commission and Mr. Cavalli was again recognized asking that the City Engineer presentation to the Belvedere City Council make the sugges::eci Bremer and Drohan, Hinutes 4/:123 City Counc il as mover and seconder, n -u- then "tJ i thd rew the 11 motion September 1967 At the request of the appellants, conveyed through the Chair directed the matter continued. the Deputy City Attorney APPLICATION FOR USE PE~IIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE BETUEEN TIBURON BOULEVAPJ) AND MAR v/EST ~'1einberg and Demaure=~, Appellants ABSENT COUl'JC ILMEN None NOES COUNCILMEN None AYES Moved by Fanning, seconded Review be sustained uith on the awnings; and that use of one or the other unanimously passed COUNC ILl1EN Bremer by Drohan, that the decision of the Board of a 60-day stay of execution for removal of the the applicant be given permission to sets of signs through the Board of Drohan Fanning Hoffmire reapply Design Review Strawbridge Design sign for the Planning Commissioner Harvey also have a sign on the front they did was recognized asking if the applicant door of the premises to which it was did no t responded The City Manager stated that if it was the sense of the Council that the awning sign might remain but the large sign on top of the "Corner Harket" sign be removed, the Council's action might be to deny the appeal ~~ith a GO-stay to allow the applicant to reapply to the Doard of Design Reviell for the awning signs Motion by Strawbridge that the Board of Design Review died for lack of a second Miss tenants listing subject Anne Ellimlood of 1680 and s was recognized suggesting that the 1690 Tiburon Boulevard could be sho~ln on one sign, which might be termed "Tiburon Professional Center company's sign on top removed decision be upheld identification of directional and the Hr. Bill ceived no he then presented one sign for their be penalized, being a Nelson, Home notification pic tures businesses, latecomer and Land Company, \~as recognized stating they had re- that the matter ,~as up for hearing before the Board; of 16 other Tiburon companies who have more than and stated that he didn't feel his company should with one sign they had not plaints had of been their application partner in the subject the a\-1nings in front of been aware of the need for design review approval, but no com- received about these signs and they asked 4econsideration to permit these signs Hr. time Frank of Hanses erecting company, was recognized stating at the 1690 Tiburon Boulevard address the By bill dated September 6, 1967, the Development Administrator reported that on June 20, 1967 the Board of Design Review approved the sign requested in the permit application of Home and Land Company for sign at 1680 Tiburon Boulevard but had directed the signs on alvnings at the company's 1690 Tiburon Boulevard address be removed. On July 19, 1967, the applicant requested that an appeal from this decision be heard by the Council, and the matter was now before the Council with the Development Administrator's recommendation that the Board's decision be upheld. APPLICATION FOR SIGN Home and Land Company PERMIT 1690 Tiburon Boulevard VII The Chair directed the City Manager to work with the owner to obtain his cooperation in complying with the Council's previous request APPEALS Drohan suggested the owner might be approached to contribute the amount required for this correction to the overall solution of the drainage problem the Chair suggesting the District, in that case, might consider contributing the $7,000 previously mentioned to help bring about a solution to the whole problem of dountown drainage District Minutes #123 City Council Hr Escadillo replying they had not -9- 11 September 1967 Hinute s 1ft 123 City Counc il -lO- II September 1967 VIII. REPORTS Uecause of the hour, the Chair directed that reports submitted with the agenda would ~ taken at the adjourned meeting of the Council. IX. AD JOURNNENT At 1:00 A.M., September 12, 1967, the ChaiL declared the meeting adjourned to 8:00 P.M. Honday, September H3, 1967 in the City Hall Council Chambers //~ ~ Approved City Council on tU~ 1967 - - ') ) - MAYOR Section 10-1-A(B)5 Drohan questioned the advisability of retaining the clause ft...unless accessory to a yacht club" since yacht clubs as a permitted use in the Ip zones have been stricken from Section 23 (L). Fanning noted there lias a yacht club nou established in the lip" zone and it l"as the sense of the Council that this sub- section not be corrected. The following clerical corrections Drohan confirmed secondreading had been postponed from the earlier meeting to allot1 Councilmen an opportunity to reviet~ the full text of the ordinance as well as give consideration to changes and adjustments recommended by letters of the Tiburon Peninsula Advisory Committee and the Northwestern Pacific Railroad Company. Speaking for the Lands and Development Committee, he stated in Vietl of the urgency in having this ordinance on the books, they would recommend that the changes recommended in the aforementioned letters be discussed and a list of those items which the Council felt should be considered for amendment should be immediately directed to the Plan- ning Commission. uere discussed and action taken Moved by Fanning, seconded by Drohan, that Ordinance No. 80 be considered to have passed second reading and be adopted, Al~ ORDINANCE OF THE CITY OF TIBURON, STATE OF CALIFORNIA, ADOPTING A ZONING PLAN FOR SAID CITY BY ESTABLISHING VARIOUS ZONES IN SAID CITY t-lITHIN T.mICH CERTAIN REGULATIONS SHALL BE IN EFFECT RELATING TO THE USES OF LAND AND BUILDINGS, HEIGHT LIMITS OF BUILDINGS, AND YARDS AND OPEN SPACES ABOUT BUILDINGS: REQUIRING THAT CERTAIN PERHITS SHALL BE SECURED FOR CERTAIN OF SUCH BUILDINGS AND USES; DEFINING CERTAIN TERMS USED HEREIN; AND SPECIFYING THE PROCEDURE FOR THE AMENDI1ENT, AND PRESCRIBING PENALTmS FOR THE VIOLATION OF ANY OF THE PROVISIONS HEREOF; REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREt-lITH . Title t-las so read by the Chair ABSENT COUNCILMEN Bremer NOES COUNC ILHEN None AYES Moved by Fanning, seconded further reading be waived; COUNCILMEN Drohan by Drohan, that the ordinance be read by title only and unanimously passed Fanning Hoffmire Strato1bridge The .nnounced Council ~ second that changes might any substantative for consideration necessary to now Chair fo'" the City's Comprehensive Zoning Ordinance lIas now before the reading and adoption. He stated that t-1hile it was recognized be desired, it was the Council's intent to formulate a list of changes to be directed to the Planning Commission's attention but if possible, to make at this time only the clerical revision~ move the ordinance through second reading and adoption COMPREHENSIVE ZONING ORDINANCE Second Reading and Adoption Ordinance No. 80 III. Ray H. Louis George OPJ>INANCE Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Foreaker, Jr., City Engineer Brunini Superintendent of Public Gatter Planning Consultant Works EX OFFIC 10 ABSENT COUNC ILHEN Bremer Drohan Fanning Hoffmire Strat-lbridge PRESENT COUNCILMEN II. The adjourned meeting of the City Council called to order by Mayor John S. Hoffmire City Hall Council Chambers ROLL CALL City of Tiburon, Jr. at 8:11 P.M. State of California, was on September 18, 1967 in the I CALL TO ORDER Hinutes 1;124 CITY CITY COUlTC IL OF TIBURON Ie September 1967 Fanning then proposed that of the Tiburon Peninsula the Chair's suggestion, also refer to the "other producing the ordinance. a second Advisory Committee it was the sense of the interested individuals " resolution be and adopted recognizing the efforts its predecessor organizations. At Council that this resolution should who have contributed to the study ABSENT COUNCILMEN Bremer NOES COUNC ILl'1EN None AYES Moved by Fanning, seconded by Drohan, that the City Manager be instructed to prepare the proposed resolution commending the Planning Commission for their efforts in producing the nelJ Zoning Ordinance unanimously passed COUNC IUIEN Drohan Fanning, Hoffmire Stral;-1bridge On behalf of the Lands and Development Committee, Fanning proposed that a resolution be drawn in recognition of the efforts of the Planning Commission over the past 0-10 years, and especially in the last several months, in producing the zoning ordinance and that this resolution should also recognize those Commissioners who were no longer on the Commission ABSENT COUNCILNEN Bremer NOES COUNCILl1EN None AYES COUNCILNEN called for and unanimously passed Drohan Fanning Hoffmire Strawbridge Question on the motion Strawbridge asked llhether the amendment process might not be more expensive than delaying passage of the ordinance now in order to include such changes in the ordinance before adoption. Drohan replied this alternative had been carefully considered but recognizing the City Attorney's comments, there was some urgency in promptly adopting the ordinance and it l~as his hope the Commission would devote their next couple of meetings to considering the items the Council would send them, perhaps sending back an omnibus motion so amendments could be commenced promptly '-1as Before calling the question on the motion, Lands and Development Committee recommends might be reviel-1ed. Drohan responded these but would be formed as a result of previous during consideration of the TPAC and Railroad Strmloridge asked if the items the referring to the Planning Commission would not be Committee recommendations motions and discussions at this meeting letters Section 10-5 'Rl" Single Famil Residential Zone Miss Ellinwood added that 'Home Occupations" do not appear in the RO-l, RO-2 or RP zones but are included in the Rl zone and urged that these be more closely defined and the ordinance corrected by deleting them from (B)3 of Section 10-5, adding them to the RO-l zone, making no change in the RO-2 zone in this respect and if desired, adding them to the RP After some discussion the Council that to be consistent the error should be from Section 10-5 it was the sense of corrected by deleting (B)3 Section 10-6 R2" 11'10 Family Residential Zone Miss Anne Ellin\-lood was recognized asking that (B)2 of this Section be corrected as to providing room and board for not more than one paying guest. It was the sense of the Council that this error be corrected by striking "in a single family", substituting the ''lord "each" the clause reading: ". not more than one paying guest in each dwelling;" Section 6, Definitio~ 6-10 The Chair directed sac tion be correc ted as to the vlord "lodging" that typographical Section 6 Definitions 6-7 and 6-25; 6-0 and 6-39 Strawbridge noted these two sets of definitions were almost identical and suggested the inconsistencies be clarified and the number of lines of definition reduced. In accord with the sense of the Council, the Chair directed the follm'ling clerical changes made: Add "hotels to the last clause of Definition 6-7 and deleting the description following the heading of Definition 6-25, substituting the words "See Apartment House"; deleting reference follmling heading of Definition 6-8 "Automobile Wrecking" substituting 1;-lords "See Junk YU4'd Il, error in this Section 6 Definition 6-23 consistent with later references Consultant noted both terms were Council that this error ~~elling One or Single be corrected Family: Ii Fanning asked if the in the ordinance used in the text by inserting term "one - family" to "single-family' and it was the 'or Single" . se nse to read: not in- The Planning of the "6-23: Hinutes 1J:12L:. City Council -2- was 18 September 1967 TPAC.s further suggestion to use the County method of determining height of a structure using "average" height of roof Has discussed, the City Engineer stating he preferred the "plate line" to "averagell method as being easier to administer It vlas Drohan I s suggestion that ''1hile this item not be included on the list of items referred to the Commission that their attention be drawn to the matter As to inc luding definitions for fence", 'hedge , and "Planning Director", after some discussion it that "Development Administrator" be defined and this to the Commission 'Development was the sense recommendation Administrator" of the Council so referred Adopting a loose-leaf format will ultimately become part included in the annual supplements \-las discussed, the City Hanager noting this ordinance of the Municipal Code and when codified would be which are in loose-leaf form. As to parking requirements being set forth in each appropriate zone, Drohan suggested this is already provided in the ordinance and he believed no change needed lJas In discussing the some discussion and the Council that these recommendation comments that Sections 22 and 23 be eliminated from the Planning Consultant, it was the sections should remain unchanged at this time , after sense of Having completed proceeded to note which had not been the items to which the Council had previously spoken, Drohan items in TPAC's August 27 1967 and September 14 1967 letters covered As to the the Uniform that section Development the Council reference in the TPAC letter Building Code, the City of the Code pertaining will also Administrator for adoption to the County's newly-adopted amendment to Manager explained the County had adopted only to defining "story"; and at a later date, the bring the 1967 Uniform Building Code before His s Anne Ell imlood road were different to TPAC's August 27 'tJas recognized noting that the interests of TPAC and the Rail- as to changes recommended in parking requirements and referred 1967 letter for the detail of their recommendation After some discussion on the item, it was the sense of the Council that in including it on the list to the Planning Commission, it should be recommended that the City Attorney's suggestion be accepted and a clause inserted to the effect a Board "shall render a decision within 30 days" last go to amendment procedure page 28 (C); Failure of a Doard as to failure t~ amend Section 13, page 26 to act constituting denial. (11) (C) for consistency (10) (7) (8) (9 ) A to from revising in PA, CV and restoring to ordinance change definitions to Uniform Building Code Board decisions remove R-3 zones; through Section 14, Parcel conform with neuly-adopted inconsistencies in Section 20 Area County requirement Floor Area ratio size Taylor Tract etition petitioners request Greenwood Beach petition: redefining "Home hO'tJ they are allowed; Parking, Section 13: reopening the question of parking ratios, objected to by the Railroad which proposes 1/200 rather than 1/100 sq. ft. ratio; Clubs: redefining "yacht clubs", "boat berthing facilities" and "moor- ings" as related to the question of including yacht clubs in "P" zones e lot width adding this requirement to the present minimum lot width (6) (5) (4) Avera yacht adding as a means of controlling bulk in relation to lot (1) (2) (3 ) R-2 zoning of their Occupationsll as to properties "lhere and Drohan then asked the City Manager to review the list of items 'tlhich the Council to date had felt should be considered for amendment by the Planning Commission the City Manager responding noting the following ABSENT COUNCILHEN Breme l.~ NOES com~c ILNEN None AYES Moved by Fanning, seconded by Drohan, that the City Manager be instructed to prepare the resolution as proposed unanimously passed COUNCILMEN Drohan Fanning Hoffmire Stratolbridge Minute s 1f l2L~ City Council ') -..;- 13 September 1967 As to map changes, Drohan stated the Council had already spoken to this and added with respect to Hilarita that a meeting uould be held September 27th by the It "t.]as the sense of the Council that the 110rd "eleemosynary" be restored to the ordinance where it appears and this suggestion be included in the list of items of referral In answer to the question posed under l5(d), building permit uas one year there being no the Chair replied the life of a action necessary on this suggestion the matter recognized and City Manager for report. The City distinction between non-conforming uses set was arbitrary, preferred It to the keep in mind the structures and stated were arrived at, but as being consistent Council that the "t'1 i th matter any of figures Development Administrator the Uniform Building Code not be referred to the Has the Commission for matter hOH the present text the sense of amendment that the deemed non-conforming, meeting the matter had been Manager asked the Council and non-conforming no they On reconsidering Ellinwood 't'1as referred of replacing noted at the structures last to Under item the sense Inspector the item as it "t'1as Council and place it on suggested by TPAC recognized that that the City the list of had been Manager discuss referrals if it Miss to (b), it Building to refer It was the sense of the Council regarding revising the order of (a) that no reconsideration be requested on sections of the ordinance was After some more than one guest this use in duplexes discussion, it was for room not be the and/01- referred sense of board to the in the (14) Council that (13) regarding allowing single family ili'1ellings permitting Commission for reconsideration Drohan stat concerning ......... asked that the of the Council of the that Commission he doubted the ~^tbacks in the RI Commission be zone, to requested the decision to reconsider advisability of referring (11) which Fanning agreed, to look i~to the matter. It this matter be left of the and TPAC letter Stra,~bridge ,,,as the sense to the discretion Mr. Dill Nelson minimum for the 'tlas recognized, first six units endorsing and 2,000 substitution of a 3,000 square foot square feet for each additional unit As to th because .1. small lot apartment could development 10,500 ':u R-3 minimum there are still figure, duplexes build a home the Consultant stated this was really no problem and also one-family homes and someone t~ith a very or duplex if he didn't have enough area for in PD being PA Ellirn~ood replied this than anything permitted by be subject to design to the Commission the in the R-3 development "lould system replied favor placing on the list for one-bedroom apartment control. possibility of zone apartment PA and CV, Consultant he sure construction one-bedroom units allowed in PD, adding units this could be done. to identify the densities uses in other zones, among development. Miss lhich uas higher this would all Speaking to parcel area to 10,500 in the R-3 zone and use Kurt Heath was recognized stating he felt this suggested, adding there lvas a need for one-bedroom apartments encourage this, perhaps a 2,000 sq. ft. minimum per dlvelling 3,500 figure should be considered. He also recommended that design revie~~ and approval should have supervision to be followed the approved plan. The Planning Consultant stated that uere permitted in R-2 and R-3 and a much higher density tJas if it uas desired to grant a density bonus for one-bedroom Miss Ellim~ood uas recognized asking the Consultant permitted the Consultant replying PD permitted those which allows a pretty high density for would allou L:.7 units in both the to which the Chair the of sec t ion suggested adjustment of minimum the County's requirements, Mr. should be amended as TPAC in the City and to rather than the County, The stated a bonus some reticence parcel area the PA zone consumed by the Commission that TPAC's specific mission's limited of the Council time that this point recommendations had she th is to and item urged be added Ellinuood Ha not been discussed u matter be considered. the list of items suggested minimum had been recognized stating ~ecause of the Com- It "t-las the sense for amendment Drohan expressed for in and reduce on this the coverage Hiss Commission since he to again felt much rev ieu time .:lsking As to item (8) of the TPAC letter, it was matter of clarifying height of structures given priority on the list of items to be amendment the sense of the Council as in Section 25, page 32, referred to the Commission that the (5 ) a , be for possible Hinutes 1fl24 City Council -L~- 18 September 1967 As to the suggested revision of parking ratios, the Consultant reported erroneously stated an error had been made in failing to carry the 200-sq 1;-Jas ft Fanning the re stated were many "('lith other regard to consideration multi-family involved residential in the such as schools it dotJntm-ln area Mr. Kelly was again recognized asking if he respond to Str~~bridge's previous questior.-as to whether the Railroad prepared to make some concessions such as a canal, in return for the City's consideration of the zoning requested Mr. Kelly stated their planner had previously asked that R-3 zoning be extended to their property line near the Tiburon Peninsula Club; that they had reviewed the engineering report in which a 4-acre holding pond had been recommended bridge stated this was what he had been referring to "(Jhether the ~ailroad contribute the 4-acre pond could ~las that Stral']- tl10uld with regard to the Railroad's August 31 that it had been ~~ general terms at the last meeting and some their recommendations Tould become part of PD development. Fanning asked if the entire be referred to the Commission for consideration as to whether should be assigned to their properties not zoning letter of Before beginning turned dmvn the on its last nized run stating he felt tunnels and, specifically, the ,..re s t portal Tunnc 1 if 1 this discussion, however, Fanning request of the Landmarks Society for through Tiburon. Hr. Thomas Kelly, it would be foolish to run a passenger train that he wouldn't want to move a passenger noted use the of "- Railroad attorney, through train through Railroad had recently ~he train by passengers \-]as recog- the Drohan stated letter of August 31 would nml be discussed 1967 from the Northwestern Pacific Railroad A recess conformity be placed before "Jas Staff's as the uas declared to propose Zoning Ordinance is in the meeting reconvening at 11 the inte nt Strawbridge stated that codification for another l.]ithin the since the year, he subject ordinances. Development Administrator. amendments to the e f fec t 05 P.M this request advised it as soon zoning felt be included be made nm" that in the to obtain Fanning asked meetings '-lere recorded for replied TPAC attending, and meeting on October 11, Paul Zucker will speak in conoec tion \.,]i t: not held, if such 4 persons attending and would be glad to show their invited all interested 8:00 P.M., Del such record persons to :i:.1ar Schoo 1 meetings, attend TPAC when County Planning Director persons membership recent letters making TPAC letters loJould also and 1:17here include the recommendations. of times s annual large names Hiss public ana vote As to the of had simply to the division and Zoning Ordinances asked that copy of the Council sent to the TPAC Secretary Mrs with respect measure~ent s letter of referral t Irl~s~~l' 70 Pine third point called l;..ras for Tiburon the be Master Plan is being only departure made. It referred to the Commission As to the second point regarding that the enti~e question of densities referral to densities of the PA cussion about density, one of influenced a great deal the Peninsula. Drohan ordinance would not some provision should The Chair directed The City Engineer Subdivision Ordinance the PA zone, Fanning urged rather than limiting the zone. The Consul tant noted there 'tlas much dis- the outcomes being the AR zone and that decision by the 25,000 holding population figure projected stated he felt it important that the record reflect implemented and elimination of the AR was was the Council that for loJas the sense of the consideration residential be uses in considered zone population density The TPAC the items contained in TPAC's August 27th letter, Miss Ellinwood calling the Council's ~ttention to the fact the slope policy con- ordinance is not th~t adopted by the City through rresolution 43 in and urged that when this matter is reconsidered by the Commission a person thoroughly familiar ~lith Tiburon's slope policy make a presentation to explain this important matter. She also asked that this item be indicated as one of high priority on the Commission's list Drohan agreeing llith this request completed was recognized tained in the Novembe r 196L} that suggestions of s September lL:- , 1967 letter were then considered Having Housing Authority and ad hoc committee Hinutes #12L~ City Council -5- 18 September 1967 ./ "\ '1, 9(;7 the City Council on .__.~ ~ At 12 10 A .H. September 19 1967 V. the ADJOUr~HENT Chair declared the meeting adjourned At 11:45 P.M. the Chair declared the Planning Commisnion appointments. meeting adjourned to Executive Sension to conside~ IV Hiss El1imlood uan recognized thanking the Council, and particularly the thorough attention given TPAC's recommendations at this meeting; however, for the record that the uinest course would have been to act as many problems as posnible before taking necond reading and adopting ordinance. Strm]b~iclge extended hie compliments to the Lands and Development mittee for the ~]orl~ they performed on the ordinance EXECUTIVE SESSION Com- Drohan, for stated, inate she to elim the The Chair directed that carrying out the intent the City Hanager of the Council's ":l::ite a motion. letter to the Commission ABSENT COUNC ILlIEN Bremer NOES counCILHEN None AYES COUNCILHEN Drohan F.:lnning Hoffmire Strawbridge Question on the motion was called f or and unanimously passed in perspective Miss Ellimlood uas recognized asking some urgency. Planning Commissioner the Commisnion had other uork to do if the motion Harvey llas he believed couldn recognized they 't'lould convey the need for stating that while take these matters The City Attorney advised with the consent of the 'uas stricken from the it maker motion t Houle: not be necessary to make a and seconder of the motion the resolution, and 1.10rd "resolution' Drohan referring sense of the intended to list of items urgency for being them to Council refer stated to that inten~ the three motions m ordinance SbCllld be w It was as expresned by the Chair, that th items had not to Council-initiated amendments but were to be included passed on to the Commission as matters of priority and take the action they deemed necessary insofar as amendments in to this event amend the at a previous "orrected. ese the been in the meeting Drohan aslced added that if conveyed :-e cClsked ,"ith it this resolution would be well roense to Advisory Committee citizens and related Commission for their ~wved by Fanning the po ints 't'lhich the letter from Geconded have been the Northwestern Pacific letters of August 27 correspondence, and information study and be recommendations by Drohan, that indicated alAe a resolution priority items Railroad, the and September that these be prepared adopting and also attaching Tiburon Peninsula ll~, petitions refe~rccl to from the Planning requirement from the firnt being a 2 .l~ betHecn parking space he noted that regional shopping center standards based on 185 squa~e feet is 1-1/2 to iO:'\lard and tha t to 1 ratio as 1 draft this figure had and floor area. are 5 to 1 and been 100, For comparison the County l:linutes i112!;. City Council -6- 18 September 1967 Hinutes iffr125 CITY COUNCIL 25 September 1967 CITY OF TIBURON I. CALL TO ORDER In the absence of Mayor John S. Hoffmire, Jr., Councilman Branwell D. Fanning called the regular meeting of the City Council, City of Tiburon, State of California, to order at 8:05 P.M~ on September 25, 1967 in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNC ILMEN : Bremer Drohan (8:12 P.M.) Fanning Stra\~bridge ABSENT: COUNe ILJ.vLEN : Hoffmire EX OFFICIO: Lawrence D. Rose, City Manager Richard H. Breiner, Deputy City Attorney Ray W. Foreaker, Jr., City Engineer Louis Brunini, Superintendent of Public Works Russell Melquist, Assistant to the City Manager 111. ~PPROVAL OF MINUTES ~1oved by Bremer, seconded by Strawbridge, that Minutes #123 of September 11, 1967 and Minutes #124 of September 13, 1967 be approved as submitted; unanimously passed. IV. HEARINGS ABAT~12NT OF NUISANCE, SLIDE AT ROCK HILL DRIVE Max OE~ina, Owner Resolution No. 168 By bill presented by Bremer dated September 19, 1967, it was the City Engineer's reconLl1lendation that the owner hI!' .n~ been duly noticed and hearing set for this date the Council act by resolution declaring a slide on the property of Mr. Max Oncina, Rock Hill Drive, to be a public nuisance and be abated in accordance with Ordinance No. 59. The Chair declared the hearing open, noting the owner was not present. Moved by Bremer, seconded by Strawbridge, that Resolution No. 168 be adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON DECLARING THE LANDSLIDE ON THE EAST SIDE OF ROCK HILL DRIVE, ASSESSORS PARCEL 39-151-28 and 30, TO BE A PUBLIC NUISANC E. The City Engineer noted the landslide is encroaching onto the traveled right-of-way on Rock Hill Drive, blocking some 5 or 6' of the street, also that if the toe of the slide were cleaned up, the slide could still be expected to continue down. He stated the owner was notifed in August to clean up the slide by September 30 and since no co~~unication has been received, public hearing had been set for this date and the owner duly notified and property posted. At 8:12 P.M., Drohan arrived at the meeting. The Chair declared the public hearing closed. Question on the motion was called for and unanimously passed: AYES: COUNC ILMEN: Bremer, Drohan, Fanning, Strawbridge NOES: COUNC ILMEN : None ABSENT: COUNCILMEN: Hoffmire ABATEMENT OF NUISANCE, DRAINAGE ON BLACKIE'S PASTURE Assessor's Parcel 55-071-01 and 16 Thomas Connell et al and Anthony L. Connell Vice Mayor Thomas E. Drohan now assumed the Chair, calling upon Bremer to present bill dated September 19, 1967 carrying the City Engineer's request that, having set this date for public hearing on the matter, the Council act by resolution to declare the drainage ditch at Blackie's Pasture, owned by Thomas Connell et al and Anthony L. Connell to be a public nuisance and abatement commenced in accordance with Ordinance No 59 Moved by Fanning, seconded by Bremer passed second reading and be adopted that Ordinance No 81 be considered to have Title was so read ABSENT COUNCILMEN Hoffmire NOES COUNCIU1EN None Strawbridge AYES Moved by Strawbridge unanimously passed COUNCILMEN Bremer Drohan Fanning seconded by Bremer Having passed first reading on September 11, 1967, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON PROVmING FOR CITATION PROCEDURE FOR VIOLATION OF CITY ORDINANCES now came before the Council for second reading and adoption. By bill dated September 20, 1967, the City Manager noted the Public Services Committee had recommended passage of the ordinance and that first the City Attorney had been instructed to redraft and clarify in 4 that the ordinance be read by title only on language reading Section CITATION PROCEDURE FOR VIOLATION OF CITY ORDINANCES Second Reading and Adoption v The Chair directed the City Manager to provide the owners with continuance of the hearing. ORDINANCES ... 'lII1Ina ry nearby properties Having received the assurance the property owner would proceed to remedy the nuisance promptly, the Chair declared the hearing continued for 30 days and directed the City Engineer to return a report to the Council within the next month setting out long- range solutions to this drainage problem written notice of the present next few To the Chair's question, Mr. immediate action requested on alternative, long-range months. Connell the confirmed he would be willing to take the assurance the City Engineer would be directed to solutions for the Council's consideration within the The City Engineer noted the State has a right-of-way over the Connell property and there were some problems in a long-term solution inasmuch as there is a heavy silt load upstream, water on the balance of the hillside causing this erosion which then becomes the responsibility of the do~~nstream property owners--the State and the Connells--to maintain. Commenting on Mr. Connell's statement that this burden would increase with property development on the hill above, the City Engineer felt that while the water load would increase, silt would decrease and the situation would but that erosion control on private property would be a large part of to improve solution tend the The Superintendent of Public Works was recognized explaining the short-range solution would be to clean up the channel from Blackie's grave to Tiburon Boulevard; that the State had promised to clean out the ditch north of the channel, as they did last year; and the City would clean along Tiburon Boulevard to Mercury Drive, and beyond as it needs to be. Mr. Thomas Connell, one of the owners, was recognized stating that rather than a short-term clean up lasting only four or five months, he felt the ,~hole problem of drainage of this immediate area should be considered and overall remedies sought to solve the problem, ~~hich he felt would only increase with added residential develop- ment Moved by Strawbridge, seconded by Fanning, RESOLUTION OF THE CITY COUNCIL OF THE CITY DITCH OVER BLACKIE'S PASTURE A PUBLIC NUISANCE that Resolution No. 169 be adopted, A OF TIBURON DECLARING THE FILLED DRAINAGE The Chair declared l1inutes :ff125 City Council the public hearing open -2- 25 September 1967 Moved by Fanning, seconded by Bremer, that the sum of $9,000 be transferred from the General Fund and $6,200 from the Capital Outlay Fund to the Contingency Fund to pro- vide an opening balance in such fund of $28,055 unanimously passed ABSENT COUNC ILMEN Hoffmire NOES COUNCILMEN None AYES COUNCILMEN Bremer Drohan for and unantmously passed Fanning Strawbridge Question on the motion was called Miss Anne Ellinwood was recognized stating that her concern of last year, at the time such omnibus approval was before the Council, was addressed to the transfer a $1,600 item to the General Fund which it had been understood was earmarked for flood control to benefit the area from ~lhich the sum had been derived through imposed through the Tiburon Sanitary District. The City Manager replied the of $1,735 has been held inviolate, the implication being that only monies for flood control ~lithin this area of benefit would be permitted tax fund expended of To Fanning's request that the Council be provided with regular financial summaries the City Manager stated that with the revision in the City's bookkeeping system, such statements, including income and expense, would be made available at least quarterly The Assistant to the City Manager stated a comparison l~ith last year's figures would also be provided In explaining the detail of the spread of the City Manager explained this motion would grant the omnibus approval for as given last year, eliminating the need to come before the Council for each necessary transfer, but in no event could transfers to other funds be made exceeding the total demand on each fund with- out separate authorization by the Council resources, transfers Moved by Strawbridge, seconded by Fanning, RESOLUTION OF THE CITY COUNCIL OF THE CITY that Resolution No. 169 be adopted OF TIBURON APPROPRIATING FUNDS. A On behalf of the City Manager, Strawbridge presented bill dated September 18, 1967 carrying the City Manager's recommendation that the Council adopt a resolution authorizing transfers of resources between funds as such resources accrue, in accord- ance with the detail of the adopted budget, "Spread of Resources by Fund in Support of Expenses". He noted further that in adopting such resolution, the Council should also direct the transfer of $9,000 from General Funds and $6,200 from Capital Outlay to provide the Contingency Fund with an opening balance of $28,055, as had been the desire of the Council as expressed at the time of adopting the budget SPREAD OF RESOURCES IN SUPPORT OF EXPENSES Resolution No 169 1967-68 AND TRANSFERS TO CONTINGENCY FUND After brief discussion, the Chair directed and Finance Committee for recommendation this dated September 19, 1967, the City Manager reported that State Assemblyman Monagan, by letter of September 4, 1967, requested this City's support by way resolution endorsing AJR 29 adopted by the Legislature memorializing Congress to enact a workable and realistic tax sharing program in order to make more tax funds available to the state and local governments. By bill Robert of a request referred to the Administration GOVERNMENTAL TAX SHARING State Legislature's AJR 29 VI After further discussion, it was the sense that the matter be continued to the next to redraft language for this section to RESOLUTIONS of the Council, as directed by the Chair meeting and the City Attorney be directed remove any ambiguity. The Deputy City Attorney that ~.,hile admittedly awkward the language of Section 4 was intelligible followed precisely the language of the Penal Code but for clarification he suggested the following clause be added after "thenll, 3rd to last line, 1st paragraph, "...the magistrate shall issue and have delivered for execution a warrant for his arrest " stated and Hinutes 1/:125 City Council -3- 25 September 1967 Mrs. Mary Price by the utilities recognized asking if the expense for undergrounding was not borne The Chair replied it was but the City had an interest in the was Moved by Strawbridge, seconded by Bremer, that in view of the City' this matter that a representative should attend such conference and recommendation be accepted interest in the City Manager s The City Manager in discussing Engineer, it appeared content would deal matters and it was suggested that the City Manager, might represent the City. It was noted the $100 expense been budgeted and would come from the Contingency Fund stated that the s the conference's program with the City more with administrative than engineering rather than the City Engineer money had not previously 1, treated. It was be appropriated ask......J for presented bill be authorized dated September to attend 19, conferen,.... the CONFERENCE ON STATEWIDE UNDERGROUNDING OF UTILITIES A recess The Chair directed the City Manager to prepare the Council in approving the agreement was declared the meeting reconvening at 9:30 P.M such letter expressing the feelings of ABSENT COUNCILMEN Hoffmire NOES COUNC ILMEN None AYES COUNC ILMEN Bremer Drohan Fanning Strawbridge Question was The Chair stated the letter would also be Counc il as called for and the apparent sent summarized by motion sense of the Council to the County expressing Strawbridge 't\1as unanimously passed that in voting for the motion, the ambivalent feelings of the Strawbridge stated he had ambivalent control was a field preempted by the State of another bureau was justified; further, that matter of policing and it was his hope that a part to dissemination of information also. a feelings on the matter as he felt narcotics and wondered whether the expense of creation narcotics control was not strictly a of the program would be devoted of the proposal, which had met '" ,.".......4-y-wide police service. He stated ontrol and as the City's police he felt an affirmative bureau agency was vote should be some opposition when that since its powers not equipped given in Moved the r.' by Bremer, ty Manager seconded by Strawbridge, s suggestions be accepted that the Public Service Committee recommends and a minute order adopted the City County Services Committee of Marin County, Bremer presented August 19, 1967 concerning that Committee's proposal for establishment of a cooperative law enforcement bureau, noting that a revised draft of the joint powers agreement now limited the undertaking to creation of a Drug Abuse Bureau. It was the City Manager's recommendation that the County's proposal of September 11, 1967 be approved, although recognizing that with the City's special contractual relationship with the County Sheriff, it meant the City was, in essence, cooperating with itself; and that while the existence of a guiding council might appear cumbersome, it was probably the strongest assurance that the bureau would be engaged in the activities prescribed under the agreement On behalf of bill dated ESTABLISHMENT OF COOPE&\TIVE ENFORCEMENT BUREAU Draft of Joint Powers Agreement VII MINUTE ORDERS ABSENT COUNCILMEN Hoffmire NOES COUNCILNEN None AYES Ninutes 41125 City Council COUNCILMEN Bremer Drohan, -4- Fanning Strawbridge 25 September 1967 Mr. Duane Fedder was recognized asking whether this schedule was 30 working days or 4 calendar weeks Mr. Conrad replying it was based on a calendar month of 5 working days per week Mr. Emerson Best, Corinthian Island Association, was to and from that Island would be handled, the City Engineer make an off-ramp approach coming into either the parking lot into the Corinthian yacht Club then going west and that adequate posted recognized asking how traffic responding traffic would entrance or backing signing would be The Chair asked if the PG&E would be willing to close down the job if they found it would extend beyond that time. ~r. Conrad stated this upon the City's request, but hoped if they were within one that they would be permitted to finish. The Chair noted the well aware of progress on the job and the merchants' desires beyond that time on November 15 they would do week of completion City Engineer would be not to carry the work Mr. Conrad added the undergrounding equipment would be placed during the October November 15 period and wires placed and poles removed next spring 16- Mrs. Nancy Frank, La Boutique shop, was recognized asking that the work be postponed and also whether sidewalks would be torn up and how commercial vehicles could make deliveries. Mr. Conrad replied the sidewalks would be torn up but the work would be handled in such a way that both sides of the street would not be torn up at the same time. He said there would be a box in front of her store but under normal circum- stances, the hole would be dug and box placed the same day so no lengthy inconven- ience was expected. As to Mrs. Frank's question whether the chain at Juanita Lane couldn't be dropped to allow commercial vehicles access down Juanita Lane, the City Engineer responded this was private property and would require the owner's cooperation proposal with had been to do the work in November and the City's request that the schedule be revised so as not to run into the shopping period. It was also noted that if the job were scheduled for January, rainy weather wouJd prolong the work over a much longer period. Mr. Conrad stated they did not anticipate any difficulties in meet- ing the I-month schedule but if serious problems developed the work could be shut d~n The Chair replied the December and PG&E had original complied Christmas Mrs Dorothy the merchants their businesses season Culver, "Surprise~" shop, was recognized will be cut off from the normal flow and asked if this work couldn't of be done expressing great concern that traffic, seriously hampering after the Christmas The City Engineer explained the plan tion of the job, and this plan was emergency and commercial vehicles to close the endorsed by the will be provided street would enable Fire Department however faster comple- Access for Mr. Richard Conrad, in as large a crew the job within a vehicular traffic the job as provide PG&E representative, was recognized explaining they would bring as possible and as much equipment as needed in order to complete month and that while Street would be closed for the four they would make Street merchants painlessly as pedestrian access Main week period possible for Main to all buildings to regular every attempt to finish and customers and would By bill dated September 15, 1967, the City Engineer stated the Pacific Gas and Electric Company has now submitted a detailed plan of operation for the underground- ing of electrical and telephone facilities on Main Street and in accordance with the concern previously expressed by Main Street merchants, the work would on October 16, 1967 and be scheduled for completion in one month shopping period The City Engineer recommended that approval to avoid be given to proceed c onune nc e the Christmas UNDERGROUNDING OF UTILITIES ON MAIN STREET ABSENT COUNC lLMEN Hoffmire NOES COUNCILMEN None AYES COUNCILMEN Bremer Drohan Fanning, Strawbridge Question on the administrative processes the situation, Strawbridge and planning directed by the motion was called and adding City needed to be informed of the alternative ways the utilities cannot proceed without the for and unanimously passed of handling authority Minutes 41125 City Council -5- 25 September 1967 Miss Ellinwood was recognized suggesting that if the to proceed with discussions with Stone and Youngberg to explore the possibility of temporary alleviation, aware of drainage outlets formerly used and now covered over relief in the drainage problem City Manager were authorized that the door also be kept open stating old-time residents were which might be of some Mr. Davis stated he and his neighbors inexpensive and easiest approach would and the Cove outlet would tend to silt. greatest concern but the majority of the be a silting problem felt be it was to drain excess Bremer stated the engineers had felt a political decision, and the most waters into the Lagoon, silting problem was of this solution would not The Chair replied the matter had been in Committee for some time and their recommenda- tion for the Belvedere Cove route had been held in abeyance while waiting to hear whether the railroad would consider a channel and ponding operation to Raccoon Straits; that as of the last Council meeting, it was generally agreed that the rail- road was not going to proceed with the canal plan, although this had not been formalized by the railroad. Bremer confirmed the committee's recommendation was still therefore the same--that the Belvedere Cove route be taken Mr. Don Davis, #1 Belleview, was recognized asking whether reached that the drainage problem would be handled through and that the Raccoon Straits alternative had been abandoned the conclusion had been the Belvedere Cove outlet Bremer stated that although he had asked if County staff might not be able to provide the answers sought as to organization and financing, he had been advised the County probably would not be interested in the matter. The City Manager confirmed the question of financing was one in which expert advice was needed and even the at this seek outside help. He noted this was not a approval to request the firm to make stage would cation of funds but request a proposal to for an the two County allo- c it ie s By bill dated September 20, 1967, the City Manager and City Engineer recommended that the firm of Stone and Youngberg be approached for a proposal on the best method of financing and organizing a program of proposed drainage facilities, as last discussed on September 11, 1967. It was noted that any agreement negotiated with the firm would be subject to the of both Tiburon and Belvedere City Councils and Belvedere's City Manager a similar proposal to that body on October 4 appro':,..'1l would convey DOWNTOWN DRAINAGE Fanning noted in having the cate the that in view of the long years of work by this community's citizens site above Belveron Gardens selected for a high school, it would indi- community has long been in favor of the issue, Mr. Souza adding it was important that the proclamation emphasize the importance of passage of the bonds for the benefit of the entire Tiburon Peninsula and he hoped the proclamation would be publicly distributed ABSENT COUNCILMEN Hoffmire NOES COUNCILMEN None Fanning Strawbridge AYES Moved by Strawbridge, up a proclamation for passed COUNC ILMEN seconded by Fanning, the Mayor's signature Bremer Drohan that the City Manager be directed to draw endorsing this bond issue unanimously Mr. Leo Souza was recognized speaking on behalf of bill dated September 20, 1967 which noted the coming election on October 10, 1967 when voters in the Tamalpais Union High School District will have before them authorization of a $12,315,000 bond issue, $6,922,000 of which will be for the construction of the Tiburon High School. On behalf of the proponents Mr Souza strongly urged the Council to act in endorsing this bond issue SUPPORT OF TAMALPAIS HIGH SCHOOL DISTRICT BOND Miss Anne Ellinwood was recognized asking if the new street lights would go in after the undergrounding was done. The Chair asked the City Manager to bring this to the attention of the Planning Commission since their committee was now considering suit- able fixtures IS SUE The Chair directed the City Engineer to contact tion for access by Juanita Lane and asked concern as to meeting the calendar-month Mr the PG&E sc hed u1e Zelinsky to obtain his coopera- to note the business community's Minutes 1i125 City Council -6- 25 September 1967 Parks and Recreation Commissioner George Ellman was recognized reiterating the request that accepta~Lce of the lend be delayed until the trail system had been Mrs. Polly Smith, Chairman of the Parks and Recreation stating it was the Commission's intent in its Resolution No. be delayed until the Commission had an opportunity to work out system in which these lands would be involved, and further, Bacheller, that all lands in existing Heath subdivisions be a policy for acceptance of lands Commission, was recognized 8 to ask that acceptance trail a connecting on behalf of Commissioner included in establishing stated T''''''uld that have to be ou to the letter of v 1967 and the comments any provisions set for maintenance of the specifically before accepting ~ounty Parks and Recreation Director Joske, he made concerning the land offered by la nd , the or any deed Final Map Mr. Kurt Heath he would carry the City time to developer these was open spaces two review their policy on recogniz ed for years such stating he and pay acquisitions had by a the taxes separate letter in order advised to give The Deputy City paths, alleys and for parks could be Attorney confirmed storm drains withdrawn if that could not not accepted lands offered be withdrawn ^~~e in a dedication "'u~ offered reasonable time for streets, but lands offered The Chair noted there whether the Planning park lands for dedication, care of improvements of the were three areas for consideration the Commission's review would be upheld, the and the element of forming an assessment road extending Sugarloaf to the adjacent Moulin property plan itself question of district and accepting to take By report of acceptance of the Council the Development the Final Map for having come before Administrator dated September 22, 1967, El Marinero Subdivision Unit No. 1 now the Planning Commission on September 5 the came 1967 matter of before FINAL Kurt SUBDIVISION MAP Heath Developer EL MARINERO UNIT 1f1 By request of Mr. Demaurex the matter continued y I 11,,,.--.8 UBD IVIS ION expressed APPLICATION FOR USE P~IIT TO ESTABLISH PAID(ING LOT ADJACENT TO PARADISE DRIVE BETI~EEN TIBURON BOULEVARD AND MAR WEST Weinberg and Demaurex et al Appellants through the City Manager the Chair directed . VII The Chair directed that the City Manager open negotiations and Youngberg, and ~sked the City Engineer to report at the the short-range solutions to the problem which might be the formerly-mentioned $10,000 project APPEAL with next considered the firm of Stone Council meeting on reconsidering Mrs. Mary Price Has couldn't be cleaned the City has twice the matter was nm,} approached being dis~ussed recognized out to help the asking if a ditch against the the drainage problem. The railroad for permission again with them bank of Mar West City Engineer responded to clean this ditch and The Chair suggested th8 next and in authorizing the City also note that short..term Hana[;er solutions to discuss should be should be to the take note of Mr. matter with Stone reviewed Davis remarks and Youngberg procedere strongly urged problem first; that would be inconsistent with the taken, existing holding basis He urged the commitment be made noVl mended by tile consulting engineering Cou.ncil although overall 't'70uld temporary measures would be solution and if affirmative 1e filled by future development and action taken to implement the firm of McCreary-Koretsky undertaken, action weren of properties plan recom- they t pic ture, the entire The City Engineer had been brought the dra't-}back of he stated the to his attention not draining when the to give outlet behind but the as it tide the 't'1as 't'1as bus stop a tidal in. So utmost drain far as consideration mentioned by Miss would the suffer overall drainage to solution of Ell im-lood from The Chair engineering, cussed for a replied but temporary Stone he \-lould solution and like Youngberg's to reconsider function would concern financing, not the $10,000 allocation previously dis- Ninutes 11125 City Council -7- 25 September 1967 Miss Ellirn~ood was again recognized stating that in connection with improvement or the stub end of Sugarloaf Drive, Mr. Heath had offered to improve 801 with the understanding Mr. Moulin would improve the remaining 50 of the road, and noted the Subdivision Ordinance requires that only one foot of the stub end be improved. The Chair directed the City Engineer to confirm this point The City Engineer replied ABSENT COUNCILMEN Hoffmire NOES COUNC Ill,tEN None AYES Moved by Strawbridge, seconded by Fanning, that it is the intent of the City accept this area dedicated for parks; unanimously passed COUNCILHEN Bremer Drohan, Fanning Strawbridge to The Chair suggested that the City Engineer proceed to finalize the matters he must resolve with the developer and perhaps incorporate Miss Ellinwood's suggestion in his recommendations for approval. The City Engineer reiterated his certificate and recommendation must contain precise language, and the Chair stated that he and meet as a committee to resolve the question of park land acceptance a recommendation could be made and the matter taken at the next meeting Fanning in order ,,,ould that Hiss park Rhodes could time Ellinwood also asked '" i th if easements offered in replying not specifically, be utilized for these trails of accepting the map perhaps there was a means of connecting the lands offered other subdivisions, such as El Marinero #2, Mr. and she suggested that if public utility easements by writing into the offer of dedication at the this might help solve the problem Mr. Dean Rhodes, engineer representing the developer, explained the scenic created a non-buildable area by setback lines on the properties themselves were still in fee title to the separate lots and not open for trails for easements and they Miss Ellinwood ,,,as offering that wasn Manager replied there utilities easements recognized asking if t the large 10-acre \'1ere various there was any dedication in the El greenbelt area indicated on the map. sec tions indi~:a.ting the "scenic" easements Marinero The City and The Deputy City Attorney stated approval of the Final Map could not be given untIl a certificate of the City Engineer were presented and the matter, therefore, was not before the Council. The City Engineer stated the matters he would resolve with the developer would take only a few days but the certificate to come before the Council would have to state whether park lands were or were not accepted. The City Manager urged the Council to recognize that a decision at this time would have to recognize the underlying financial responsibility for the trails if the land were accepted acceptance would have proced ure but if to come assessment be fore the financing were used and could be followed and he could district procedure were City Drive presented no be by conventional no assessment district created make his recommendation for used resolution of inte~ a The City Engineer stated the bond for improvements to Sugarloaf problem but he was concerned whether the subdivision bond would financing; that if private the normal As to the provision for improving the stub end of Sugarloaf Drive, as stipulated in the Planning Commissionls motion for approval, Mr. Heath was recognized and reiterated his agreement to assume the improvements to the water tank site. The Deputy City Attorney stated this commitment would need to be evidenced by posting of bond. Mr. Heath asked whether this might not be included in the subdivision bond the City Manager and City Engineer confirming two separate bonds would be involved. Mr. Heath stated he would be willing to place a deed in escrow with the City for the lands offered for parks As far as forming an assessment assigned to study the 1913 and they would recommend to the objections to the 1913 Act He stated this district, the Chair stated the ad hoc committee 1911 Municipal Bond Acts had come to the conclusion Council that they go ahead with assessment districts having been overcome by some changes in legislation presentation would be made at the next Council meeting. The City Engineer set forth the procedural Map stating that normally the Council would Engineer and Planning Commission had to give as there inspection fee were several completion of requirements sti" the subdivision in accepting a Final map until both the City which he was not prepared such as the subdivision improvement bond coordinated over the Minutes #125 City Council two El Marinero subdivisions -8- 25 September 1967 Approved by the City Council on City Clerk At 12:05 A.M September 26 1967 the Chair declared the meeting adjourned At 11:45 P.M., the Chair declared the to discuss present litigation matters XII ADJOURNMENT meeting adjourned to Executive Session in order XI ~liss Ellinwood was recognized asking that immediate steps be taken to cut down the unsightly anise weeds growing in the Tiburon area and that the railroad be asked to out their yard and right-of-way and that the Public tlorks Department mow dOt~n anise the City's right-of-way to the paved portion along Tiburon Boulevard, and private owners be encouraged to eliminate the overgrowth of anise on their properties. The Chair asked the Superintendent of Public tlorks to take note of the request and directed that a letter be written to the railroad as requested EXECUTIVE SESSION high, clean on Anise Removal X UESTIONS ABSENT COUNCILMEN Hoffmire NOES COUNCILMEN None AYES Moved by Fanning, seconded by Strawbridge be approved unanimously passed COUNC ILMEN Bremer Drohan Fanning Strawbridge that Register of Claims Nos 37 and 38 Register of Claims Moved by Strawbridge, seconded by Fanning, that the August, 1967 reports of the Tiburon Police and Sheriff Station, Department of Urban Development, Superinten- dent of Public tvorks and financial reports other than Register of Claims be approved as submitted unanimously passed Nos 37 and 38 TIBURON POLICE AND SHERIFF STATION SUPERINTENDENT OF PUBLIC WORKS DEPARTMENT OF URBAN DEVELOPMENT TREASUP~R, ASSISTANT MANAGER - Financial Month of August 1967 Reports IX Mr. Heath stated he would agree to a continuance to the next Council meeting, and asked if the assessment procedure might not be set up by that t~e. The Chair directed the matter continued to the next meeting, and asked Mr. Heath to invite the financial consultant who had discussed assessment district procedures to be present at that meeting REPORTS he was to receive a bond from Mr. Heath assuring his participation in the road when improved and Mr Heath confirmed his offer would extend only to the old property line Hinutes #125 City Council -9- 25 September 1967 Title having been so read, ordinance be considered to it was moved by Bremer, seconded have passed first reading by Fanning, that unanimously passed the ABSENT COUNC ILMEN Strawbridge NOES COUNCILMEN None Fanning .. AYES Moved by Bremer, seconded by Fanning unanimously passed COUNCILMEN Bremer Drohan that the ordinance be read by Hoffmire title only By bill dated September 29, 1967, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON PROVIDING FOR CITATION PROCEDURE FOR VIOLATION OF CITY ORDINANCES now came on for reintroduction and first reading, having first been introduced on September 11, 1967 and returned to the City Attorney for redrafting and clarifica- tion of language in Section 4 CITATION PROCEDURE FOR VIOLATION OF CITY ORDINANCES Reintroduction and First Reading V The Chair directed the appeal continued, as requested by Appellants, and asked the Lands and Development Committee to meet with the interested parties and Staff on October 16, 1967. ORDINANCE Drohan stated he would ask Mr to be present at such meeting V. A. {volfe, which Drohan Northwestern Pacific Railroad suggested be held October 16, Company 1967 Mr. Matthew Weinberg, representing the subject property owners, was recognized stating in view of a prospective meeting being arranged between appellants, the City Manager, City Attorney and committee representatives of Council, they would agree to a continuance of the appeal with the hope that an understanding might be reached, pending litigation disposed of, and a desirable development plan for the downtown area worked out by the several property owners APPLICATION FOR USE PERMIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE BETWEEN TIBURON BLVD AND MAR {vEST Weinberg and Demaurex et aI, Appellants There being no objection 1 under "Appeals". the Chair directed the order of business suspended to take Item Moved by Bremer, 1967 be approved IV seconded by Fanning, that Minutes as submitted unanimously passed SUSPENSION OF THE ORDER OF BUSINESS #125 for the meeting of September 25 III Lawrence D. Rose, City Manager Robert I. Conn, City Attorney Ray :'-1. Foreaker, Jr., City Engineer Phil V. Scott, Development Administrator Louis Brunini, Superintendent of Public Works Russell Melquist, Assistant to City Manager Sam Shapero, City Treasurer APPROVAL OF MINUTES EX OFF Ie 10 ABSENT COUNC ILMEN Strawbridge Bremer Drohan Fanning Hoffmire PRESENT COUNCILMEN The regular meeting of the to order by Mayor John S Council Chambers II City Council Hoffmire Jr. ROLL CALL City of Tiburon, State of California, at 8:07 P.M. on October 9 1967 in the was called City Hall I CALL TO ORDER Minutes 11126 CITY OF TIBURON CITY COUNCIL 9 October 1967 Minutes /1126 City Council -2- 9 October 1967 AYES: COUNCILMEN Bremer, Drohan, Fanning, Hoffmire NOES: COUNCILMEN None ABSENT: COUNCILMEN Strawbridge VI. RESOLUTIONS COMMENDATION OF PLANNING COMMISSION AND TIBURON PENINSULA ADVISORY COMMITTEE Resolution Nos. 170 and 171 By bill dated September 28, 1967, Drohan presented resolution, prepared as directed by the Council on September 18, 1967, commending the Planning Commission for their efforts towards the evolution of the City's first comprehensive Zoning Ordinance and naming the present and past Commissioners who had served during the several years of work. On behalf of the Lands and Development Committee, Drohan moved, seconded by Fanning, that Resolution No. 170 be adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON COMMENDING THE PLANNING COMMISSION ON THE OCCASION OF THE ADOPTION OF THE FIRST COMPREHENSIVE ZONING ORDINANCE OF SAID CITY; unanimously passed: AYES: COUNC ILMEN: Bremer, Drohan, Fanning, Hoffmire NOES: COUNCILMEN: None ABSENT: COUNC ILMEN: Strawbridge By bill dated September 28, 1967, Drohan then presented a similar resolution in commendation of the Tiburon Peninsula Advisory Committee, and its predecessor organizations, for their interest and assistance in the evolution of this ordinance. Moved by Drohan, seconded by Fanning, that Resolution No. 171 be adopted, A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TIBURON COMMENDING THE TIBURON PENINSULA ADVISORY COMMITTEE FOR ASSISTANCE; unanimously passed: AYES: COUNC ILMEN: Bremer, Drohan, Fanning, Hoffmire NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Strawbridge VII. SUSPENSION OF ORDER OF BUSINESS Noting the presence in the audience of many persons interested in Item 6 under "Minute Orders", the Chair directed the order of business suspended to take this item. AtrrHORIZATION TO PROCEED T.JITH ENGINEERING, CAPITAL IMPROVEMENT PROGRAM By bill dated October 3, 1967, the City Manager's and City Engineer's recommendation that authorization be extended to commence engineering work on four authorized street improvement projects was put before the Council. The City Engineer explained the background of the projects and the requirements of the two gas tax funds by which they are financed, noting the projects are already budgeted and this authorization was only to proceed with required engineering. Project 68-P-l1 - Widening of Espet~nza Street: The City Engineer explained this project calls for the widening and improving by curbs, gutters and sidewalk of the north side of Esperanza Street, of which $950 of the total $7,000 budget is for engineering. A motion by Bremer, seconded by Fanning, to commence preliminary engineering work on this project as well as 68-P-12, Extension of Esperanza Street to Mar West, was duly withdrawn by maker and seconder in order to take vote on the projects separately Moved by Bremer, seconded by Fanning, that the City Manager and City Engineer be authorized to commence preliminary engineering for Project 68-P-l1; unanimously passed AYES: COUNCILMEN Bremer, Drohan, Fanning, Hoffmire NOES: COUNC ILMEN None ABSENT COUNCILMEN Strawbridge Hr. that Linda Vista and providing th on that street Kenneth Lamott was recognized heRd been is permitted connecting road would stating he owned property in th to be put in as a 20' rather ~ only increase the existing subject +-han l~O' area road, traffic hazard Bremer indicated the Council would not street on residents who did not want it the more Hr. Elmo de parcel there homes was were in in his area on Vista del and asked that consideration be where route now discussed homem.,ners fully no vacant Martini w~s recognized developed and lots give'" money wish stating the property east of Mr. McDonogh"s City would have to acquire an entire parcel as under discussion. He stated that the 14 were as susceptible to fire dangers this as there were places other than providing greater protection to to authorize a project imposing a just area spent The City Manager interested in having ditions they ignored stated it access the Has his to this one-~'lay street understanding the Tiburon Fire Department was area opened up, and while under emergency con- it was still a difficult area to serve Mr. parce 1 the lot Milton McDon03h was through ~\'hich and did not tl: said 't\7 ant GG recognized stating he and his ro~d would pass; that they intended their property confiscated. brother owned the to further build on proville traffi,c to HOt'.ld c~2tc: He stQtecl s 0:''::= ye c:u:- s C1 n e~: return the project ago t~nd it Oilto to l:a r apt>arently 't'las Par2dise Drive East pro jec t ~\7ere was advanced last project proposed a connecting that structures in this vicinity the road, and the engineering work justified and where such land would as of the Golden View Heights to give relief for Linda as a means for Paradise part intended as well Pro iect G8-P-,~: The City street between Linda Vista Pa.radise of property to construct nnine if the Enc.ineer and stated the Drive Complying and taken with the sense of tDe Council, follm7in3 discussion on Item 5 the Chair directed the discussion continued Downtown Drainage on the agenda Bremer stated b~ could not vote on this project until the drainage matter resolved, notin::: tl1at if it uere the philosophy not to spend $10,000 drainc:.ge solutio:1 he could see no benefit in a $7,560 expenditure sideualk for for an l'1ere an interim interim As to the City five years ::....,lay, discussions h81d for such ~mprove~cnt Engin2er tl12 Cr_<1 i'lith Nr s ir CO:'.....L:~nt that Tiburon Boulevard asked the City Engineer to Al&n S Hart Division of improvements were probably confirm with Mr. Ben Farlatti Highways concerning scheduling Bremer questio3ed which 1;>1oulcI be City Engineer T.~h2 n \vork ty of spending Boulevard t'las not expected this amount for an interim sidewalk redone. To Fanning's question, the to be accomplished until next spring Rroie~t 6G~r:_ll: this project proposed construction of a side't,}alk from the Street along the northeast side of Tiburon Boulevard. E~ ~tc.tcd the budgeted for $7,560, was not adequately funded to make this fit into wha~cver ultimately done to Tiburon Boulevard and because the area is 1::>1':' tLe s iclcT'j",11:: 't1ould on occas ion be unindated The City 'I'ibut"c:l I:i.1[;ieeer Loc:.;? to 1.-)1-0 jcc t, \las stated r'~a in The for Chair t:ie:l d.:_''c0J:: L2,:l th2 C7_ty I~:1n,,'<:;,~r to have this matter placed on the agenda the ne;,~t l'e=,~1,1 ~:r r;~2e tins of tl1e Planning Conuniss ion ABSEtlT CODr:c I},~ .! Strc.,.;rb:- J_C1;;e NOES cou~\c IT2.":~~H Hone AYES Moved by Bremer, seconded by Fanning, that the COinmence preliminary en~ineering work on Project Street to Kar tkst, with the condition precedent favor of this p~rticulnr project unanimously passed COUl~CILMSN Bre~er Drohnn Fanning Hoffmire City Engineer be 68-P-l2, that the authorized to Extension of Esperanza Planning Commission is in projec t 68-p-12 extension of Esperanza an to opportunity express downto~n develop~ent. Fanning objected Street to to authorizing engineering on Project 68-p-l2, Mar West, without giving the Planning Commission themselves on the project as to how it fit into proposed Minutes 1t126 City Council -3- 9 October 1967 The City Manager stated monthly financial statements beginning at the next regular meeting will be provided the Council ABSENT COUNCILMEN: Strawbridge NOES COUNCILMEN None AYES COUNC ILMEN 13remer Drohan Fanning Hoffmire Question on the motion In the report on in total why not the amount show on page valuation of personal brief question period following, the Chair asked Manager to further several items to which Council had draun attention $100 difference rental obligations, shown on page 10 as $6,900 and on page 13 as $7,000; of actual expenditures for Gas Tax Funds l86.l(a) and l86.l(b) did 8 an estimate construction costs; and why assessed property showed a $45,630 decrease from last 't\1as called for these page 15 for and unanimously passed the City A year Moved by Fanning, seconded by Bremer, that financial statements of the City of Tiburon prepared by Sleezer & Eckhoff be accepted the report on the examination of for the year ended June 30 1967 the By bill dated October 4, 1967, the Chair put before the Council the annual audit report prepared by Sleezer & Eckhoff for the year ended June 30, 1967, with the Administration and Finance Committee's recommendation that the report be accepted ANNUAL AUDIT FOR FISCAL YEAR 1966-67 A recess ~\1as dec lared the meeting reconvening at 9 : 4l~ P.M ABSENT COUNC ILMEN: Strawbridge NOES COUNCILMEN None AYES COUNCILMEN Bremer Drohan Fanning Hoffmire Question on the motion The Chair asked that these suggestions be submitted through proper channels for consideration. To whether Staff was instructed other were and the latter uas to examine suggestions could be called for and unanimously passed to the City Administration the City Manager's question as to projects, the Chair responded they considered submitted Mrs. urging from its Louise these Assistant City Clerk and resident of the area, was recognized earmarked for the neighborhood's use be used to open Mar East intersection 'tJith Paradise Drive to Linda Vista Lane Hirata funds Mr. David Teather was recognized City's property in his area the suggesting the funds Moved by Bremer, seconded by Fanning, that Project 68-p-14 be vacated and that the $14,100 budget allocation thereto assigned be redirected t~]ard some other more suitable project to be presented at a future Council meeting in time so that appli- cable 186 Gas Tax funds will not be lost to the City be used to trim trees on Fire Chief Franklin Buscher was recognized, speaking to the Fire Department request that the extension of Linda Vista be kept open to provide access to fighting equipment. The City Engineer stated the matter of extending Linda had been dropped since it did not qualify for gas tax funds, and the matter now being discussed concerned a connecting street between Linda Vista and Paradise Drive s fire Vista Mr. McDonogh was again recognized suggesting the money spent to provide sidewalks along Paradise Drive Drohan ing street, should be put stated that and if so allocated could be as the residents of the area were opposed to the connect- were satisfied there was no fire hazard the project Mrs. Nikki Lamott was recognized stating that although fire hydrants uere located on Linda Vista, hoses had ~till been brought down from Paradise Drive in answering a fire call in the past Mr. David Teather, proposed connecting re s ic1ent street Hinutes :ff:126 City Council of the subject -I.:. - area was recognized objecting to 9 October 1967 the Mr. Kurt Heath was the firm of Nichols, tion of such procedure recognized suggesting Mr. Harold Rogers and Hamilton, 1;'1ork uith E. Rogers, Jr., the City Manager attorney with in the prepara- ABSENT COUNC ILMEN Stra\\7bridge NOES COUNCILMEN None AYES Noved by approval a combination of put together, with policy into effect COUNC ILMEN Drohan of the Bremer seconded by Bremer, that the City adopt as a general policy the use of assessment districts for financing subdivisions, to include the Improvement Acts of 1911 and 1913, and ask the City Staff to what guidance they need a written procedure for putting this unanimously passed Drohan Fanning Hoffmire Mr. Allan Littman, Planning Commissioner, 1;'13S recognized asking whether such bonds would affect the credit of the City should it later wish to issue municipal bonds Mr. Assaf responding improvement bonds 1;\7ould in no way affect the City's bonding capacity Mr Assaf then explained what responsibilities in seeing the improvements were completed and controls the City Mr. Paul Dumont, First California Company, San Francisco, was firm had agreed to purchase the bonds pertaining to Mr. Heath of par, which he agreed was higher than most of the state now the lack of such bonds coming out of Marin County 1;'lould exercise recognized s subdivision at but due probably stating his 95% to The City Manager questioned whether in the present market a 75% encumbrance was realistic, Mr. Assaf replying the bond house 1;\7ould like to see as Iowan assessment as possible and in the p~esent market he felt somewhere between 33% and 44% would apply Mr. the Kurt Heath was recognized stating that ,~hen a bond house underwrites the issue money transmitted to the City can then draw interest to the City's benefit Mr. Assaf was recognized and in his presentation stated state laws permitting financing of subdivision improvements which will become public upon completion have been subject to many amendments since the 1962 legislative report and, further that supervision by the City can eliminate any misappropriation of funds for which these acts had previously been criticized. He then outlined the procedures of the two Acts under discussion, the Council questionning Mr. Assaf on procedural matters including the obligations and costs to the City in servicing these assessment districts On behalf of the Lands and Development Committee, Drohan presented bill dated September 29, 1967 stating the Committee had met with Staff, one developer who pro- poses to use this method of funding and an attorney specializing in assessment district proceedings; that the Committee's original recommendation, based on a legislative report prepared in 1962, had been amended since they found that many of the devices being used to circumvent the intent of the three improvement bond acts had been outl~~ed by subsequent legislation. He stated Mr. Philip Assaf, prominent attorney in this field, would make a short presentation on the legal and procedural aspects of the 1911 and 1913 Imp~ovement Bond Acts, the Committee having since discarded consideration of the 1915 Act USE OF ASSESSMENT DISTRICTS FOR FINANCING PUBLIC DEVELOPMENT ABSENT COUNCILMEN S tra~"bridge NOES COUNCILMEN None 4YES Moved by Fanning, seconded by Drohan, that the Mayor be authorized to execute such agreement on behalf of the City to establish the new Position No 48 unanimously passed: COUNCILMEN Bremer Drohan Fanning Hoffmire By bill dated September 29, 1967, the Chair stated that because of the approval of an additional Deputy Sheriff position, it would be necessary to execute an agree- ment amending the Master Service Agreement between the City and County of Marin AMENDMENT TO Hinutes /1126 City Council MASTER SERVICE AGREEMENT COUNTY OF l-fARIN -5- 9 October 1967 In discussing the amount the sense of the Council tax monies of gas tax funds applicable to this joint project, it was that as much work as possible be accomplished under gas Drohan asked if this 10, the Chair suggested could not wait until after to take its action meant the matter would be that they be requested the Commission's before to next regular the consider ita nd meeting Commission on October felt the Council in early November Moved by Fanning, seconded by Drohan, that the City Engineer be authorized to proceed to do preliminary engineering on Project 68-P-13, Sidewalk on Tiburon Boulevard, and as is so doing, to incorporate into it the possibilities of an interim to drainage system, as outlined in bill dated October 3 is to be remanded to the Planning Commission 1967; in the for their comments he solution meantime, and the the matter cons ideration The Chair 'Hish to look Mr. Littman asked at proposed responded he Planning Commissioner the interim believed they Littman solution if he felt the Commission before the Council acted, would and stated they would meet t'lould to which October 10 suggested together Fanning agreed that felt this temporary the proposed such "interim' re 1 ie f solution might be in use of should be accomplished as quickly sidewalk and interim drainage proposal a long time and as possible. He might be considered Drohan stated he would place the some ac tion be had also matter on taken promptly on talked with the their earliest a Commission Chairman and learned agenda, but he expressed concern possible interim drainage solution they that Bremer stated that since the last meeting the City Manager was authorized to commence negot~ations with a financial as to the most feasible method of funding a comprehensive drainage plan, he had talked with Planning Commission Chairman Rettig and it tJas generally agreed the Commission would look into the drainage solution for the dm~ntown area as part of its overall responsibility in creating a downtmln plan. Based upon the assumption that negotiations with Stone and Youngberg are still "in the mill" and since the City is not absolutely com- mitted to the Belvedere Cove outlet, he suggested the matter be remanded to the Planning Commission in coordination with the steps already taken by the Council and its committee. He stated this would not be giving up the Council's jurisdic- tion in the matter, and it t'lould be kept in mind this is a high priority item on which the Council would be moving. He suggested the Commission be supplied with copies of resolutions and statements of the matter concerning drainage to brief them on progress to date at which firm 1967, an 18 of the ~-lindjammer installation tides go dmJn. he bus station on project could be City Engineer's report on the vicinity of the firehouse railroad parking lot Restaurant, for '-lould not drain He stated that Tiburon L'educed to DOHNTOt.J'N It at to was t'lhich the nex t DRAINAGE the the senSe of ma t te l.~ regu1.ar the Council uould be COl:l1cil that this continued. meeting as request be made The Chair directed the requested by the developer formally at the meeting matter continued proceedings. attorney for pertaining not~ consider Hr. Kurt Harinero Heath Unit to "\Jas No. 1 assessment naming 1'1:;:- recognized asking that Subdivision be continuec district Roge rs as EL ~~RINERO FINAL MAP Kurt Heath, Developer Hr Rogers 't'las on the practical the City of Mill be willing to answer recognized, expressing his willingness to work with problems involved in establishing such standards. Valley had recently established such procedures and the questions that might arise the City Manager Hr. Assaf added would probably Hinutes 41126 City Council -6- 9 October 1967 the City Council c~~3 I ~, '*' ~. THE CITY ,0"\ '--"1"'" ( 1967 Approved by on ('" /~ ~~. -- ~ ~ ---- ---- City Clerk At 12:05 A H. October 10, 1967 the Chair declared the meeting adjourned At 11:47 P.M., the Chair declared Planning Commission appointments XI. ADJOURNMENT the meeting adjourned to Executive Session to discuss x There being no objection, the Chair directed that as in the "ill recognize Coast Guard Appreciation Day on October 21 EXECUTIVE SESSION preceding year 1967 the City Coast Moved by Drohan, seconded by Bremer, and unanimously passed that the bid of Marin Dodge, Inc be accepted in the amount of $2,623.97 for purchase of a 1968 Dodge Coronet police car Guard A reciation Da Police Car Moved by Fanning, seconded Administrator's report for IX by Drohan, and unanimously passed that the Development the month of September 1967 be accepted UESTIONS DEVELOPMENT ADMINISTP~TOR Moved by Fanning, seconded Police and Sheriff Station by Drohan, and s report for September unanimously passed that the 1967 be accepted Tiburon TIBURON POLICE AND SHERIFF STATION VIII REPORTS ABSENT COUNC ILNEN Strawbridge NOES COUNC ILMEN None AYES COUNC ILMEN Bremer Drohan Funning Hoffmire Question on the motion Mr. Fred Hannahs was recognized urging implemented as quickly as possible. lIas ca lIed for and unanimously passed thai: Mr. Fred Nantegani t~as recognized agreeing this called attention to recent work by the Division grade along Tiburon Boulevard causing water to The City Engineer agreed to look into this the interim solution t'1as of Highways drain back problem solution proposed be urgently needed which has raised toward his prope~ty and the Fire Chief Buscher, Fire District spoke Mr George Drejis and N~. in favor of the proposed Charles Estudi110, on behalf interim drainage solution Hinutes 4/126 City Council -7- 9 October of the 1967 .~ The City Manager explained this action had been taken pursuant to provisions of Ordinance No. 59, as amended by Ordinance No. 77, after he had been informed by the City Engineer on the afternoon of October 12, 1967 that a fence was being erected on subject property. He had been contacted at his home, since this was a legal holiday for the City offices, and first asked the City Engineer whether the fence was being built on the public right-of-way, the City Engineer stating he could not so verify on visual examination and without benefit of maps. The City Manager stated he then asked the Deputy Sheriff on duty to go to the site and ask the workmen or contractor to cooperate with the City to the extent of ceasing construction of the fence until a determination could be made and until such time as a building permit was applied for. The workman advised he had been told by the contractor employing h~ that he might be stopped, but he was not to stop. The officer on the scene told the workman he could continue until his shift ended at 4:30 P.M., after which he was to stop work until such t~e as the building permit was obtained. At 9:00 P.M. that evening, the City Manager was advised at his home that the fence was still being constructed and he, in company with two Councilmen, came to the site, observed that work was continuing and one of the owners, Mr. Walters, was present with the workman, Edward Charles Nissen. The City Manager ordered work ceased, and this was apparently complied with, no further work having since been accomplished. Mr. Philip E. Diamond, attorney at lau, was recognized and stated he represented and stipulated he was appearing on behalf of all of the owners of the property in- volved and on behalf of all of the persons named in the Order to Show Cause issued by the City. Mr. Diamond requested permission to have a Certified Shorthand Reporter present and the Chair granted permission with the understanding, however, that the official record of the hearing and of the proceedings would be the Minutes of the City Clerk, and not any transcript that might be produced by the reporter retained by Mr. Diamond. Mr. Diamond stipulated that the court reporter would pro- duce copies of the transcript for the City, if desired, at the City's own expense. The City Manager verified by certification of October 13, 1967 that he had on that date, pursuant to Ordinance No. 59, as amended by Ordinance No. 77, issued, properly posted and noticed an order to show cause to the following owners of subject pro- perty: Western Title Insurance Company, 266 Bush Street, San Francisco; Mr. Michel Y. W. Demaurex, Mr. C. Marshall Walter, Mr. J. Quetnick and Mr. Matthew B. Weinberg of 957 Russ Building, San Francisco; and Michel Demaurex & Associates c/o Landels, Ripley, Gregory & Diamond 19th Floor Russ Building San Francisco. The Chair announced the purpose of the meeting was to hold public hearing on abate- ment proceedings ordering the owners of the real property located on the southerly side of Paradise Drive bett~een Main Street and Mar West Street in the City of Tiburon to show cause why a fence erected on that site on October 12, 1967 should not be abated as a public nuisance. The Chair declared the hearing open. ABATEMENT OF PUBLIC NUISANCE Fence along Paradise Drive between Main M. Demaurex, M. Weinherg J Quetnick Resolution No. 172 Street and M. Walters Har ~'lest Street et al ~o~)crt Ph i 1 T III HEARING EX OFFICIO ,\BSENT COUNC ILNEN Fanning Bremer Drohan Hoffmire Strawbridge PRESENT COUNC IU1EN: II Pursuant to notice duly given on October 16, 1967, a special meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor John S. Hoffmire, Jr. at 8:10 P.M on October 19 1967 in the City Hall Council Chambers ROLL CALL I CALL TO ORDER Minutes 11127 CITY CITY COUNC IL OF TIBUrrON 19 October 1967 The Chair then inquired whether there were any owners of the said real property. Mr. Diamond and he would present the case on behalf of the Mr. Diamond to proceed with the to present protests on behalf of t~as recognized, stating respondents. The Chair presentation of any evidence or argument the respondent there was, then directed he wished Motion by Drohan, seconded by Bremer duly withdrawn by maker and seconder to declare the fence a public nuisance 't-1as to, or approved he zoning law He then cited Section 23 of the Zoning Ordinance which provides, in part, that building or structure set up, erected, constructed...or maintained...contrary provisions of (the zoning ordinance) shall be and the same is hereby declared unlawful and a public nuisance..." The City Manager stated the land in question was located in a C-P zone, and the provisions of the zoning ordinance applicable to erection of improvements in such a zone had not been complied with 'Any to the to be The City Manager stated that Tiburon Ordinance 49, Tiburon's building ordinance, incorporates the Uniform Building Code and the latter states, in part, in Chapter 3 Section 301, that no building or structure shall be constructed in the City without first obtaining a building permit. The City Manager then read the definition of the 't~ords "building" and "structure", as defined in the ordinance. He next cited Section 16 of Ordinance 5, the Zoning Ordinance of the City in effect at the t~e the fence was erected and on the date the order to show cause was issued, which sets forth the requirement that under the circumstances of the instant case, a building permit was required, as was Planning Commission approval of the drawings and plans of the pro- posed work or improvement. In addition to Section 16, the City Manager stated the fence was located within a distance of 300' from the right-of-way of State Highway 131 (Tiburon Boulevard), and that Section 17 of the Zoning Ordinance requires a building permit for any building or structure or other improvement erected within a distance of 300 feet from the right-of-way of any State Highway and that such per- mit be accompanied by drawings or sketches, all of which are to be submitted to the Planning Commission for approval. The City Manager stated the provisions of Sections 16 and 17 of the Zoning Ordinance had not been complied with The Chair then directed that a photograph of the subject fence Manager, be accepted and marked Exhibit 1 submitted by the City He certified to the Council that no building permit has been applied for paid and no plans or specifications submitted for the subject fence no fees The City Manager ~tated the fence was built on the south side of Paradise Drive at a point at the end of Tiburon Boulevard at its juncture with Main Street and extend- ing southeast along Paradise Drive to Mar tiest; that some 450' to 500' of fence was built from the Tiburon Boulevard-Paradise Drive juncture, and another 130' segment extending in the other direction from Mar West. He stated the Building Inspector has advised the fence is in excess of 6', constructef. of 4X4 posts with 2X8" stringers or horizontal boards between the posts are set in holes back-filled with dirt and no concrete laid to them, secure them. Ninutes fi127 City Council -2- 19 October 1967 Mr. Diamond next called Mr. as one of his witnesses Mr then examined J. Quetnick, 530 Darrel Road Quetnick was duly sworn at Hillsborough, California Mr Diamond's request and asked by the City Attorney. There were no questions ~Ir. Diamond concluded his examination of the Development Administrator and next called Mr. Fred Mantegani, 879 Tiburon Boulevard, Tiburon, California, as a 'litness for respondents. Mr. Mantegani was sworn at lIre Diamond's direction, and was then examined by Mr. Diamond. Mr. Mantegani stated that some two months ago he had had a luncheon conversation with Mr. Marshall ~lalter, one of the respondents, and had subsequently visited the City offices to seek information as to whether a building permit was required for erection of a fence under 6' on his property, it being Mr. Mantegani's recollection that the Development hdministrator advised no permit would be required for a fence of this height of this wi tne s s Mr. Diamond then questioned the Development ^dministrator on the second application being Permit #291, describing for the record the plans which indicated a circular enclosure between 51 and 5'6" high enclosing a concrete slab on which garbage cans were placed. Mr. Diamond also requested that one set of these plans and dr~lings, dated October 28, 1966 and prepared by the architectural firm of Royston, Hanamoto, Mayes and Beck, Job #6468, be accepted and marked Respondent's Exhibit D. The Chair asked Mr. Diamond how these plans could be copied for the record, Mr. Diamond stating that copy of same could be omitted as an exhibit to the minutes at this tUne Having returned to the hearing room, the Development then handed to Mr. Diamond the plot plan and a Kodacolor picture of structure represented by Pe~it #301, and Mr. Diamond resumed his questioning concerning the processing of this permit, it being established that through clerical error, the height of the fence was recorded as 6' rather than its actual 12'. The Kodacolor picture was accepted and marked Respondent's Exhibit C, Mr. Diamond agreeing to accept a Xerox copy in lieu of the original for the purposes of this record Administrator the The City Attorney briefly questioned the witness, and announced he had no further questions. Mr. Diamond then advised he had further questions of the witness and he accordingly, requested and the Chair granted permission to re-open his examination of the Development Administrator. Reference was made to two building permits that had been issued for the erection of fences--one for a fence located at 3 Seafirth Lane and one for a fence erected at 1600 Mar 11est Street, being Permits #301 and #291 respectively. Mr. Diamond requested that the Development Administrator be directed by the Chair to proceed to the City offices and obtain these plans and return with them to the hearing room so Mr. Diamond could put further questions him on these plans. The Chair granted the request and declared a short afford the witness an opportunity to obtain the desired plans from the The meeting reconvened at 9:55 P.M to recess to City offices Hr. and Diamond announced he had no further questions of the Development Administrator, the Chair thereupon, declared a short recess, the meeting reconvening at 9:40 P.M During the course of examining Mr. Scott, Mr introduced into evidence a blank ~pplication for Building Permitll form, was received and marked Respon- dent's Exhibit A. He then introduced into evidence a hypothetical form ~~hich was accepted and marked Respondent's Exhibit B. Thereafter, Mr. Diamond proceeded to question the Development Administrator in regard to said exhibits and other matters Diamond llh ich Mr. Diamond called as his fi~st witness Mr. Administrator, and commenced to examine him administering the Building Code and Zoning Phil V. Scott as to various Ordinances the City procedures Development follOt-led in Hr. that Diamond asked if testimony was to be swo~n and ,.,itnesses need not be suorn s The Chair ruled taken under oath Mr. Diamond then advised that his clients would have preferred a postponement of the present hearing in order to confer ~lith City officials in an attempt to reach a com- promise. The Chair responded that City officials had previously arranged for ing lvith the property owners involved in the present dispute, but that as the erection of the fence it was felt the owners were not acting in good a meet- a result of faith Mr. Diamond stated he assumed the Order provisions of Section 23, Ordinance No. ordinance was in effect at the time the City ~ttorney as to whether Ordinance No. the City ~\ttorney responding the ordinance to Show Cause had been issued pursuant to 5, and then expressed doubt whether said fence l'laS erected. The Chair inquired of the 5 was in existence on the applicable dates was in effect Hinute s Ii 12 7 City Council -3- 19 October 1967 Bremer stated that it Mantegani was not one might have been told time of his inquiry must be assumed that of the prope rty O~Jners he was not acting He further stated as an agent that he fel t Ordinance No. was in involved and regardless for the property owners at the that Staff has at all times effect; that of tJhat he 5 Drohan stated he felt respondents should have complied with the law and obtained a building permit; that a fence of this magnitude and dimensions in this particular area should be subject to design review of some type Mr In response to question of ~as in effect at all times the new zoning ordinance Drohan, the applicable to had not then gone City ^ttorney advised these proceedings into effect that Ordinance No. 5 that Ordinance No 80, Upon conclusion of his argument the respondents. He argued that he did not on the date the fence was erected and therefore erected in violation of the requirements of the ~ere not applicable; he stated that Mr. Mantegani not required for a fence under 6' and when completed, the in height; that he doubted that permits had been sought for structures such as those under consideration at this hearing; the property had a right to fence their property; that regardless of the appearance of the fence, aesthetics alone cannot be used as the basis for declaring a structure a public nuisance; that the "old" fence presently on the pro- perty would be removed upon completion of the new fence; that no set back was re- quired as Paradise Drive lias a private road, mIned by respondents; that if "no park- ing" signs on the property uere observed, there t-1ould be adequate pedestrian t-1alking area; that he failed to understand the need for providing ingress and egress to pri- vate property; that if allowed to complete the fence, it would be secured; and that even if the fence Here a spite fence, ~.,hich he denied) it tvould be only a private nuisance as distinguished from a public nuisance Mr. Diamond then argued the believe Ordinance No. 5 lJaS the provisions declaring structures ordinance to be a public nuisance had been told a permit \laG fence would be less than 6 on other that the occasions ot'1ners of the Chair recognized Councilmen for their comments case for in effect The City Attorney stated he had no further evidence and no The City Attorney stated that he waived argument further matter to produce There were no questions The City Attorney called California, as a witness had had with Mr. !'lalter trying to get a use with them that this around the property and not be able to Diamond Mountain View Drive, Tiburon related a conversation she in owners were in the process of permit property and if the City didn't cooperate was his private property and he would build a fence so high that the residents of the City would lose their precious view smell the fresh sea air asked of Mrs. patricia Jampolsky, 1820 for the City. Mrs. Jampolsky which he told her that the to develop their Mrs Jampolsky by Hr Hr. had Diamond then announced that, except for argument, he had concluded his case and no further evidence and no further matter to produce. l\. short recess The City Attorney then questioned Mr. Quetnick on various points of his testimony, including the letter submitted as Exhibit E; in regard to an already-existing fence on the subject property and in regard to the pocting of "no trespass" signs on the property was then declared the meeting reconvened at 10:40 P.M M~. Quetnick was then questioned by Mr. Diamond his opinion, a dedicated st~eet or a privileged he believed it to be the latter, a mere privilege or to the County of Marin for the purpose of allOtJing passage terminal as to whether Paradise Drive right-of-way. M~. Quetnick license granted by the to the railroad was, in replied Ollners passenger In reply to Mr. Diamond's question, dated October 18, 1967 addressed to brokers, 525 Harket Street San ~eal property owned by the Uespondent's Exhibit E Hr. Quetnick produced for the record letter him by J. C. Myers Greater Pacific Co., insurance Francisco concerning public liability risk on the reopondents. The letter t'1as accepted and marked In answer to Mr. Diamond's questions Mr post fence with bottom rail, central and not completed but toJould be cut to 5' 6" high to be interspaced equally material used was fi~ly placed, but they not intended to was not yet finished as result of the be performed vIe re a direct \lith three redwood; be in Quetnick described intermediate concrete. City's request the rail, and rails of and that posts He stated that no fe nc e stated 2X6 and the tvas board vlould be the fe nce further work as {~X4, a the fence 2X3 Hinutes 1/:127 City Council -4- 19 October 1967 l1.\YOR OF THE CITY OF TIBURON 1967 Approved by the City Council The business of the meeting having been completed adjourned at 11:15 P.M on City Clerk the Chair declared the meeting IV ..\DJOURNNENT The Chair declared the hearing closed ABSENT NOES COUNCILMEN COUNCII11EN COUNCILMEN Fanning Bremer None AYES Drohan Hoffmi~e Strawbridge Question on the motion Hoved by Bremer, adopted as read. seconded by Drohan, number being 172 instead seconded by Drohan, that Resolution No. 82 of the After confirming the number assigned was incorrect, that the preceding motion be corrected to reflect of 32 Has called for and unanimously passed above title Bremer the be moved, appropriate s request, the City Manager then read in full a proposed resolution RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON DECLARING TH..\T CERTAIN FENCE RECENTLY CONSTRUCTED ON THE SOUTH S IDE OF PARAD ISE DRIVE llEIWEEN IvlAIN STREET L\ND HAR HEST STREET A PUBLIC NUISANCE .L\t the Chair entitled A lwved by Bremer, seconded abated in compliance Hith for that p1;rpose by Drohan, that this be declared as a public nuisance and the ordinance by means of a resolution offered by Staff Stral~bridge stated that in his 1m} and the structure, in that constituted a public nuisance opinion the fence was erected in violation of applicable location and of the dimension of this particular fence properly enforced all applicable building and zoning regulations, and there absolutely no evidence introduced of any unequal application of the 1m1 or of equal protection in any sense; that in his opinion the structure was a public nuisance for each of the reasons uas denial evidence established the enumerated by Staff Minutes tl127 City Council -5- 19 October 1967 ABSENT COUNC ILMEN Drohan Fanning NOES COUNCILMEN None AYES Moved only; COUNCILMEN by Bremer, seconded by Strawbridge unanimously passed Bremer Hoffmire Strawbridge that Ordinance No 81 be read by title By bill dated October 11, 1967, an ordinance entitled AN ORDINANCE OF THE TIBURON PROVIDING FOR CITATION PROCED~RE FOR VIOLATION OF CITY ORDINANCES on for second reading and adoption, having passed first reading on October CITY OF nOlv 9) came 1967 CITATION PROCEDURE FOR VIOLATION OF CITY ORDINANCES Second Reading and Adoption Ordinance No. 81 V The Chair asked Miss Ellinwood to address comments to the Council, for the City Attorney's consideration in preparing the draft, and directed the hearing continued to the next regular meeting, stating copy of the draft would be available to the public a week ahead of that meeting. ORDINANCE Miss Anne Ellinwood was recognized substantative and asked whether these prior to rephrasing the draft he will Tiburon Peninsula Advisory Com~ittee, wish to make recommendations for changes stating she had some suggested changes that were might be considered by the Deputy City Attorney bring before the Council. She stated the following its October 25 meeting might also The Deputy City Attorney reported that ago the draft had been reviewed, and he in order that a rewriting of this draft next meeting. He stated there would be City Manager's question, significant enough to the require Deputy City its being since receiving this final draft several days was request~ng that the hearing be continued might be presented to the Council at the no substan~tive changes. In answer to the Attorney stated these changes were not remanded back to the Planning Commission the public hearing open Having been duly noticed By bill dated October 17, 1967, the Development Administrator put before the Council draft of a proposed Sign Ordinance prepared by the Planning Commission and draft of resolution which the Commission will later adopt setting forth tules and regulations implementing the ordinance the Chair declared PROPOSED SIGN ORDINANCE IV Moved by Bremer, seconded by Strawbridge October 9 1967 be approved as submitted PUBLIC HEARING that Minutes #126 for the regular meeting of unanimously passed III Lawrence D. Rose, City Manager Phil V. Scott, Development Administrator Richard H. Breiner, Deputy City Attorney Ray W. Foreaker, Jr., City Engineer Louis Brunini, Superintendent of Public Works Russell Melquist, Assistant to City Manager APPROVAL OF MINUTES EX OFFICIO Drohan Fanning ABSENT COUNCILMEN: Bremer Hoffmire Strawbridge PRESENT COUNe ILMEN The regular meeting of the to order by Mayor John S Council Chambers City Counc il Hoffmire Jr II City of Tiburon, State of California, was called at 8:13 P.M on October 23 1967 in the City Hall ROI.L CALL I CALL TO OPJ>ER M'inutes fi128 CITY OF TIBURON CITY COUNe IL 23 October 1967 It was the City Engineer's recommendation that abatement proceedings be take and that, on the basis of construction of Porto Marino Drive, the City take no action at this time to cause upstream owners to correct the erosion problem By bill dated October 17, 1967, the City Engineer reported that public hearing on the abatement of drainage nuisance on property owned by Thomas Connell et al and Thomas Connell had been continued from September 25, 1967 on the promise of the owners that they would proceed to abate the nuisance. By this report, the City Engineer elaborated on the heavy upstream erosion and long-term solutions, noting the most economical solution at this time is to continue with necessary cleaning of the downstream channels on the Connells' property with the hope that construction of extension of Porto Marino Drive next summer would eliminate the problem PUBLIC HEARING ON ABATEMENT OF DRAINAGE - BLACKIE'S PASTURE Thomas Connell et al and Anthony Connell Resolution No. 174 Owners NUISANCE ABSENT COUNCILMEN Drohan, Fanning NOES COUNCILMEN None AYES Moved by Strawbridge, seconded by Bremer, that appointments to the Planning Commission of Mr. June 24 1968 and Mr. Bennett Wren to a four-year COUNC ILMEN Bremer Hoffmire Stra\Jbridge the Council Elmo L. tenn; confirm the Mayor"s DeMartini to a term expiring unanimously passed By bill dated October 17, 1967, the the Planning Commission Mr. Elmo L. which expires June 24, 1963 and Mr. Bennett Wren, vacancy created by Mr. Donald J. O'Leary's resignation. Chair expressed his DeMartini, to fill pleasure in nominating to the term of Mr. John McChesney for a four-year term to fill the APPOINTMENTS TO BOARDS AND CONHISSIONS VII MINUTE ORDERS ~\BSENT COUNCILMEN Drohan Fanning NOES COUNCILMEN None AYES COUNC ILMEN called for and motion unanUnously passed Bremer Hoffmire S tra~'1bridge Question was The City Engineer noted the amount of this budget was $13,500, the figure appearing in the City's previously-adopted fiscal budget. The City Manager commented that under recently-passed legislation this procedure will be eliminated in the future Moved by Strawbridge, seconded by Bremer, that Resolution No. 173, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ADOPTING BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHHAY FUND TO CITIES be adopted By bill dated October 17, 1967, it was reported that in accordance with provisions of Section 2107, Streets and Highways Code, the City must annually adopt a budget for street maintenance to be accomplished with 2107 gas tax fund monies. The budget having been submitted to the Division of Highways and returned for City approval, it was the City Engineer's and City Manager's recommendation that a resolution adopting such budget be passed BUDGET APPROVAL, SECTION 2107 GAS TAX FUNDS Resolution No 173 VI. RESOLUTION ABSENT COUNC ILMEN Drohan, Fanning NOES COUNCILNEN None StraHbridge AYES Moved by Bremer, seconded by Strawbridge unanimously passed COUNCILMEN Bremer Hoffmire that Ordinance No 81 he adopted Title was so read by the Chair. Hinutes 41128 City Council -2- 23 October 1967 ABSENT COUNCILMEN Drohan, Fanning NOES COUNCILHEN None AYES COUNCILMEN for and motion unanimously passed Bremer Hoffmire Strat-1bridge Question was called The Chair asked the City Engineer to receive from the Division of Highways if possible, some statement as to the timing they foresee for improvements to Tiburon Boulevard Hoved by Bremer, adopted. seconded by Strawbridge Bremer stated that in view overall drainage solution, City of Belvedere that no of the Planning Commission's and until the City receives further steps be taken with that the City Hanager's a desire to comment on the strong commitment from regard to this proposal recommendation be the dated October 17, 1967, the City Manager reported that as instructed by on October 9, 1967, the firm of Stone and Youngberg had been invited to submit a proposal for a study which would recommend the best method of operating and finan- cing a comprehensive storm drainage construction program in the downtown basin, a project to be jointly undertaken with the City of Belvedere. The proposal received indicated the study would be made for a fee of $2,000, plus 1%% of the total amount of financing upon receipt of funds to finance construction. It was the City Manager recommendation that Belvedere's Council be asked to express their reaction to the proposal, copies of which they have received By bill Council s DOfJNTOHN DRAINAGE PROGRAM The Chair directed to inform them that drainage canal last year for suit in S~all Claims the City Manager to notify the ~lners of unless their debt to the City for costs is paid the City Attorney is directed Court . F INANC ING STUDY the action taken, and of cleaning out the to prepare the matter ABSENT NOES COUNCILMEN: COUNCILMEN COUNCILMEN Drohan Fanning None AYES Breme r , Hoffmire Strawbridge Question was called for and motion unanimously passed the City Engineer's statement ~wners' erosion were the principal owners of downstream properties that if evidence cause remedy would Mr. Sam Shapero, one of the land was in no way suitable three Porto Marino area owners, was recognized stating the for subdivision purposes as suggested by Miss Ellinwood Miss Anne Ellinwood was recognized asking why, if this drainage problem were caused by upstream erosion, remedy of the problem shouldn't be sought from those upstream owners. She also asked whether extension of Porto Marino Drive involved funds of the City and whether the owner of Porto Marino Drive property was making any contribution to the road's improvement. As to the firs~, the City Engineer responded that private property owners, not the City, would have to find recourse through their own indepen- dent legal action and regardless of the cause, it became the downstream owner's responsibility to clean the silted canal to alleviate flooding. On the latter ques- tion, he replied the owner t~as contributing the property need for extension and improvements would come through gas tax funds Moved by Bremer, seconded by Strawbridge, that the Council act to resolve this particular silting situation and that the property involved be declared a public nuisance; that Resolution No. 174 be adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON DECLARING THE FILLED D&\INAGE DITCH OVER BLACKIE'S PASTURE A PUBLIC NUIS,\NCE, such resolution being amended by the addition of the following to the second paragraph thereof: II .and continued to October 23, 1967 If The City Manager noted that a certified, registered letter had been addressed to the subject owners following the last meeting confirming the fact the hearing had been continued to this date. The owners were not present to speak to the matter Ninutes 1#128 City Council -3- 23 October 1967 The Chair directed be continued that at the request of nPPLICnTION FOR USE PERMIT TO ESTi\BLISH Pi\RKING LOT ADJi\CENT TO PARADISE DRIVE BETI-JEEN TIBURON BLVD AND MAR Weinberg and Demaurex et a1 ~ppellants Appellants this It/EST STREET appeal would again VIII. APPEAL ABSENT COUNCILMEN Drohan Fanning NOES COUNCILMEN None AYES Moved by Bremer, seconded by Strawbridge, that make a budgetary transfer from the Contingency Fund of 60 days in the sum of $15,000 unanimously passed COONC ILMEN Bremer Hoffmire Strawbridge the City Manager be to the General authorized to Fund for a period not represent borrowing but in the Contingency Fund during The City Manager requested that $15,000 from the Contingency to General Fund over until first tax receipts came in. a bookkeeping provision this period. a Minute Order be issued to allow the transfer of the General Fund for a 60-day period to tide the He stated the transfer would which would leave $3,800 balance TRANSFER OF FUNDS i\BSENT COUNC ILNEN Drohan Fanning NOES COUNC IJ...NEN None AYES COm.;;CILMEN Bremer and motion unanimously passed Hoffmire Strawbridge Question The City Manager advised th Bremer stated he Hould not .. was a consensus by the Council the resolution for abatement the Chair directed the City Council ~vas called for ma t te r T"ant would be placed on a to see the matter taken at that they wished to reconsider had been worded. In response to Manager to document the record on November Council agenda. that time unless there the basis on which Strawbridge's request this matter for the Mr. Watson Haarbauer recognized asking if left on the property of the City Engineer tion follm'ling and a soils representing the it were the City's abatement. engineer Reedlands Property Owners Association, was intention to remove the unsightly foundation The Chair replied that on recommendations it l'las decided not to remove the founda- Noved by StraHbridge accepted. that the City Manager.s The Chair of a net., perty l'1aS drain at issued seconded by Bremer stated he did not recall authorization having been given for construction the time abatenlent order for removal of the structure on that pro- recommendation be In answer to the question as to whether City's position legally, the Deputy City for the City to do anything but a letter attorney for the property owners, Mr. and Mrs been received to th:~.s or subsequent telephone to adjacent the Carlsons and deMunds they did not done mJi1ers, be ing t'1ish the uork this maintenance work would jeopardize the ~\ttorney stated there was no obligation had been addressed on October 3, 1967 to Raymond Noel, and no response had calls. Letters had also been written and their reply was to the effect the By bill dated October Engineer to repair new drain required Outlay to the Project 68P15 for repair of from Capital storm Outlay 17, 1967, the City Manager reported the decision of the City the storm drain at 34 Reed Ranch Road rather than construct a that monies appropriated for the work be converted from Capital General Fund. The City Manager recommended that Capital Improvement be cancelled; that Account 504, Function P be increased by $3,300 drain at 34 Reed Ranch Road the sum of $3,300 be transferred to the General Fund to for this budget adjustment. and compensate CANCELLATION AND CONVERSION OF CAPITAL IMPROVEMENT PROJECT 68P15 STOP~1 D&\IN 34 REED RANCH ROAD Ninutes 1frl28 City Council -4- 23 October 1967 Miss ~nne Ellinwood was stating she Conservation League, which \'lorking close ly developing a precise statement on development ~opy of the statement would be provided as on County Planning Director Paul Zucker's Planning Council, and inquired Hhat recognized is was serving on a committee of the Marin with the Regional Planner for Parks in of recreation for Angel Island. She stated the program is developed. She commented also proposal of October 11 for a City-County response had been made by the City proposal. joint to this The City giving access to direct Hanager to stated Hr. Fred parking through motorists to this parking area Zelinsky had Juanita Lane agreed and a to open one end of sign was the parking lot, erected on Tiburon Boulevard Mr. Jack Clarke was recognized asking that the City instruct the deputies to extend a cooperative and helpful attitude toward motorists during this disruption of traffic The Superintendent of Public 1Jorks reported on progress of PG&E on Main Street, stating the street had been fully closed for the and would remain closed until the vault was completed undergrounding project first time on this date s Under The Superintendent of Public Works proposed corporation yard sites Drohan on this subject on Main Street asked what The progress City Manager lias had been made in the selection of directed by the Chair to contact Cor Bremer reported \'lould be be fore oration Yard the the applicant had perfected his Council at its next regular application and a CATV meeting franchise agreement CATV Franchise Strn\'lbridge reported on his attendance at the recent noting the various discussions of particular interest to recently attended a seminar by the Institute on Regional League of the City , Gove rnme nt California Cities and stated he Conference had also Heetin s and Conferences item. transportation Hilliam Hm'lell Calenda Item 1, In TiJuron Blvd. at v directed by the Chair to Bremer noted another situation, on President of The Suspense the Chair XI discussed, and the follm'ling items tabled at the direction of Regulation by Deed Restriction; Item 4, Elimination of Parking ~hevron Station; Item 6, Main Street Mall. The City Manager was inform Main Street merchants of this action taken on the latter item should be included on the Calendar relating the which he was serving on a committee composed of the Tiburon Chamber of Commerce l'las Tree QUESTIONS to Fanning and x There being no objection, the Chair directed monthly Fund Receipts by Source and report of the Superintendent of Public Works for the month of September 1967 accepted SUSPENSE CALENDAR FUND RECEIPTS BY SOURCE - DEPAR~1ENT OF PUBLIC WORKS September 1967 - September 1967 ~\BSENT COUNC ILMEN Drohan Fanning NOES COUNC ILJyIE N None AYES Hoved by Strawbridge, of September. 1967 in COUNCILNEN seconded by Bremer, that the amount of $20,111.72 Bremer Hoffmire StraHbridge Register of Claims #39 for the month be accepted unanimously passed REGISTER OF CLAIMS Moved by Strawbridge, seconded by Bremer, that September, 1967 be accepted cnanimously passed #39 the The City Manager stated the Monthly Cash Flow Statement for September was of the new quarterly reports which will be made available to the Council Monthly Cash Flow Statement for the first MONTHLY CASH FLOW STATEMENT September 1967 Ninutes #128 City Council IX -4- REPORTS 23 October 1967 Hinutes 1fl28 City Counc il -5- 23 October 1967 Further, she inquired what action had been taken on her request that unwanted anise weeds be removed. To the latter, the Superintendent of Public ~rorks replied he had addressed a letter to the railroad requesting them to remove such weeds on their property. The Chair directed the City Manager to follm7 up on this matter if necessary with the railroad. As to Angel Island, the Chair directed the City Manager to write the Regional Water Quality Control Board to express the City's interest in having suimming facilities developed at Angel Island. On the planning matter, the City Manager stated this was before the Chairman of the Planning Commission at this time. XI. EXECUTIVE SESSION At 10:27 P.M. the Chair declared the meeting adjourned to Executive Session to discuss personnel matters. XII. AD JOURNHENT Following the Executive Session, the Chair at 11:00 P.M. declared the meeting adjourned C Approved by the City Council on - 3 1967 - HJ\YOn The Chair directed the hearing continued to November 27, 1967 and referred the ordinance to Committee as suggested by Drohan. Drohan then suggested the matter be placed with Lands and Development Committee to work with TPAC and the City Attorney toward a resolution of the points at issue, the Committee then reporting to the Council at their next meeting. Drohan stated on behalf of the Lands and Development Committee that they would request the ordinance be returned to the Planning Commission with the request that they coordinate with the City Attorney and report expected to be received shortly from the Tiburon Peninsula Advisory Committee to reconcile the few remaining points at issue in the ordinance. Drohan's motion to this effect was dUly withdrawn on the advice of the Deputy City Attorney that referral to the Commission would entail another public hearing by that body. ~, report of the Development Administrator dated November 7, 1967, the City Attorney's redraft of a proposed Sign Ordinance and accompanying letter of November 7, 1967 now came before the Council for continued hearing, having first been before the Council on October 23, 1967. PROPOSED SIGN ORDINANCE v Resolutions of appreciation were then presented to prsent and past Planning Commissioners Rampton ~.~. Harvey, Alton S. Lee, Joseph C. Marshall, Stephen H. Nash, Helen Nmtman, Donald J. O'leary and Erik Rettig. Not present to receive their resolutions were: John J. Berry- man, Allan N. Littman, Peter Mac~owan and John McChesney. . PUBLIC HEARING ~ bill or November 1, 1967, the Mayor, on behalf of the City CounCil, presented to those citizens who have previously served on the City Councilor Commissions plaques in recognition of their distinguiShed service to the City. Plaques ~ere presented to: Anne L. Ellinwood, Fred C. Hannahs, Jacqueline A. Parnell and Leo Souza, former Council- men; to Alton S. Lee, Helen Ne~~an and Donald J. O'leary, former Plan- ning Commissioners; to Irving Moulin, former Chairman of the Parks and Recreation Commission, a plaque and resolution of that Commission commending him for his service as Chairman. Plaque for John J. Berry- man, fo~er Planning Commissioner, '1as accepted on his behalf by the present Planning Commission Chairman. Mr~ John MCChesney and Mr. Robert D. Singer were not present to receive their plaques as former members of the Planning Commission and Parks and Recreation Commission, respectively. HONORS TO CITIZENS PERFORMING VALUABLE SERVICES TO THE CITY IV MOVED by Stra"rbridge, seconded by Bremer, that Minutes .'128 for the meeting of October 23, 1967 be approved as corrected by deleting the extra syllable in the 'tlord "substantive" as it appears in "IV. Public Hearing", page 1; unanimously passed. EXTRAORDINARY BUSINESS III. APPROVAL OF Lawrence D. Rose, City Manager Richard H. Breiner, Deputy City Attorney Louis Brunini, Superintendent of Public qorks Russell Melquist, Assistant to City ManaBer MINUTES EX OFFICIO ABSENT COUNCILMEN None PRESENT COUNCILMEN Bremer, Drohan, Fanning, Hoffmire, Stra~'1bridge II. The regular meeting of the City Council, City of Tiburon, State of Califor- nia, was called to order by Mayor John S. Hofrmire, Jr. at 8:10 P.M. on November 13, 1967 in the City Hall Council Chambers. ROLL CALL I CALL TO ORDER Minutes ~129 CITY OF TIBURON CITY COUNCIL 13 November 1967 Bremer stated an obligation he had no contention which should be paid, with the fact the additional sum was but in vie'1 of subseqpent referral MOVED by Fanning, seconded recommendations be adopted by Strat'lbridge, in this case. that the City Manager' s Strawbridge asked that the City Manager speak to the letter of Miss Anne Ellintlood which she addressed to the Administration and Finance Committee on this date. The City Manager stated the letter appeared to raise a question as to the propriety of the total contract and whether the amount was appropriate. He stated the contract, signed on February 16, 1967, was based on ~~. Gatter's proposal of December 16, 1966 in which it was estimated the work would be accomplished for between $3,000 and $4,000, billing to be made on actual time spent. A budget of $4,855 was established and with the additional meetings required--19 of which were attended by Mr. Gatter--the $430 overexpenditure had accrued. BY bill dated November 1, 1967, the City Manager reported that addi- tional meetings and requirement of Mr. George S. Gatter's services in bringing the Zoning Ordinance to enactment had resulted in a $430.00 overexpenditure in the ~~,855 budeeted for this purpose. He recommen- ded that Program Development Project 10-67 be increased by $430 and a deficiency appropriation of $430 be made to the General Fund from the Contingency Fund to permit payment, terminating this contract. APPROPRIATION FOR RETAINED SERVICES Zoning Ordinance Contract ABSENT COUNCILMEN None NOES COUNCILMEN None Fanning, Ho:ffmire, Strat'rbridge AYES MOVED by Strawbridge, seconded by Fanning, that the Mayor's appointment of Mr. David Teather to a 4-year term on the Parks and Recreation Com- mission be confirmed; unanimously passed . COUNCILMEN Bremer, Drohan, ay bill of November 1, 1967, the Chair stated he was pleased to nomin- ate Mr. David Teather to a four-year term on the Parks and Recreation Commission, leaving one more vacancy to fill to bring the Commission to a 7-man body, as authorized by Resolution No. 16 establishing the Com- mission. PARKS AND RECREATIOl'! COMMISSION APPOIN~1ENTS VII. r.1INUTE ORDERS ABSENT COUNCILMEN None NOES COUNCILMEN: None AYES MOVED by Bremer, seconded by Strawbridge, that Resolution No. 175 be adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ADOPTING BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGH- ~1AY FUND TO CITIES; unanimously passed: COUNCILMEN Bremer, Drohan, Fanning, Hoffmire, Strat.tbride;e ay bill of the City Manager dated November 3, 1967, it ~1as reported that except for annual maintenance expenditures, the City has not pre- viously budgeted 2107 Gas Tax Funds and has allowed such funds to accumulate. Due to legislative oversight in a recent measure seeking to eliminate burdensome restrictions and controls, any clear provisions for disbursement of unbudgeted 2107 funds was omitted; and the City Manager had instructed the City Engineer to immediately budget all such monies accrued to assure that the City could receive these funds upon adoption of resolution. The proposed budget of $49,356.27, to he expended on construction and maintenance projects, had received Division of Highways approval. GAS TAX FUNDS, Resolution No. BUDGETING OF SECTION 175 2107 MONIES r~in ute s'~129 City Council VI RESOLUTION -2- 13 November 1967 The City Manager stated traveled road Nas within safety and public Ne1fare, as private driveuay to facilitate n~nnt3~i-'H' ,....".n......... -.'" he felt making the repairs to a pub1icly- the City's area of responsibility both as distinct from, for example, paving a providing municipal servi~p~ r.n nno to Drohan suggested a ~ow fee b~ charged to the residents for the use of the City's personnel and equipment in these repairs. By bill dated October 31, 1967, and Deputy City Attorney's letter of November 8, 1967, the m8tter of makin~ repairs to Vista Del Mar Lane, a private street, came before the Council. The City Engineer reported that, acting on the request of residents along this private right-of- way, he had investigated the pOSSibility of having this street accepted by the City and repairs made to bring it to City standards for this purpose. Because of legal complexities, the residents had abandoned this idea; it was not1 the recommendation of the City Manager, Superin- tendent of Public Horks and City Engineer that the Council approve in principle a plan to permit repairs to be made using City personnel and equipment and receiving payment for the materials used from the' affected property owners. It was also asked whether such action could not be considered an operating policy for future similar situations. The Attorney's letter expressed the opinion that even though no direct expenditure of money l1ere made, the use of City personnel and equipment was tantamount to such expenditure which, if used on a private street, would not be a public purpose and hence an unlawful expenditure of City funds. REPAIRS .e VISTA DEL r~R LANE the meetin~ reconvened at 9:37 p .~1. A short The Chair requested ~Iiss Ellinwood to address her communications to the Counc il sooner than a fet.]' hours be:fore meetings in order that their contents might be reviewed. recess was thereupon taken; Miss Anne Ellinwood tlas recognized, stating the misconceptions held by the Council as to Mr. Gatter's contractual relationship were apparent and suggestin~ the Council give serious thought to a study of these contractual services as to whether the unit cost was too expensive for the ultimate product. ABSENT COUNCI~TEN: None NOES COUNC ILf.1EN None AYES COUI'J'C ILr.iEN Breme l~ , called for and unanimously passed Drohan, Pannine, HOffmire, Strat1bridge Question Dl"ohan ;.~tated the a study to determ consultant, schedulall on the motion Admi:listr~tion and Finance Committee should ine t~!ethe~ it might not be better to hire a or re~ulatG Mr. Gatter's services under some type 1:1 a 8 undertake full-time of Stra~'lb:;idge aske(~ -Chat 1'<1r. Catte::d s e:'~)loyt18nt statue be clarif:led, the City Mrrt:.agel' res[.):ldin:; the consultant I s relationship \"las similar to that of the City .~'...::.tor~ley O~;.~ Citj.' Eng5.l1eer, and pointed out the Council had repeatedlj.' Ul"l;3':)d t>.z CC:~:~l1ission to l"eta in su~h continuous counsel- ing adviceo Drohan expressed conce consult3nt'c time~ and of tim2 to b2 ch[:~.:'ged planni;,'26 ~10~.,j.c, be ~,":)nd ~n tl12t so~o control be exercised over use of the askcJ if t:}1e C...);i:mission had prepared a schedule t~ga i1": :-::; 'C thc~ $1 J 000 buclget the Ccmmis s ion had for ';~he ::,:)30/m:~~lth :::otaincr. to the CommiLsio:'} of :~l;ems for possible ame~1dment of the ol"dinance, asked if additioi.18l b5_11ingi:> \"lould thC~:1 be made by 1\11:-. Gatter for this work. The ~ity M3nager replied the contract was only to bring the ordinance through l1earings; cdditional work would be carried out under a new agreement executed '1ith Mro Gattcr providing that for a base monthly :fee of $350, h~; \'Jould provide 15 hours' consul ting service to the Commission, with G separate hourly rate to apply there3ftero Bremer suggested the C0mmiB2.ion m::tght rl1ake a policy d8termination as to whether it migllt no';; be !l10re Gcono:nical .co conduct remaining Nork "piecemeal tT rathe:;.') thc:l"l on n flat-fee basis 0 r.1inutcs/~129 City Council -3- 13 November 1967 r,7inut es ?129 -~,- 13 November 1967 City Council Bremer stated this would clearly violate Street Policy and suggested the street be accepted for dedication, contingent on the residents paying for the materials to bring about the repairs. He noted the previous remarks as to the County's assumln~ this maintenance as an expedient rather than undergoing legal procedures to establish Ol1ner- ship of the road, and suegested the property action would be to go ahead with the legal steps necessary to dedicate the street. Mrs. Anne DeMartini was recognized stating the street served 12 house lots and other than access, was not used for any private purpose. She felt the residents would be glad to participate in reimbursing the City, at reasonable rates, for the use of personnel and equipment. Mr. Elmo DeMartini was recognized stating he believed complete research would find the City would have to accept the street, but this plan had been discussed as an alternative to incurring the necessary legal fees. Stra'l'1bridge stated he felt the plan \'Jas Unltlise, establishing a prece- dent inconsistent with the City's ordinances and policy. Minutes "129 -4- 13 November 1967 City Council Addendum No.1 (Following the first sentence in the fourth paragraph) add: He gave it as his conclusion that as long as the street remained in private owne:ship any expenditure of public funds was prohibited by statute and by Sect~on 4 of the Street Policy though this should not foreclose on further efforts to work out a legal method of rendering assistance of this type. to be used on a test oas~s ~n L.~IJa.L.1'.LUD v;'QVg .L./1;.".,L n"",.. .--..._. MOTION AMENDED by Bremer, seconded by Drohan, that it be spelled out that this should not be construed as a precedent and will not affect Street Policy; amended portion of motion unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Stral'lbridge NOES: COUNCILfvlEN: None ABSENT: COUNC ILrJIEN: None Question on the amended motion Nas called for, motion was passed: AYES: COONC ILMEN: Bremer, Drohan, Fanning, Horfmire NOES: C OUNC ILl\1EN : Stra't"lbrld~e ABSENT: COUNC ILlv1EN: None EXTENSION OF STAY OF EXECUTION FOR REMOVAL OF SIGN Home and Land Company, 1680 Tiburon Boulevard ay bill dated October 27, 1967, it was the Development Administrator's recommendation that the Council grant an extension to the stay of execution granted September 11 for the removal of a sign by Home and Land Company, 1680 Tiburon Boulevard, in order to give the Board of Adjustments time to meet l'lith the applicant in an attempt to resolve the matter. MOVED by DrOhan, seconded by Fanning, that a 30-day extension of stay of execution be granted; unanimously passed: AYES COUNCILI.1EN Bremer, DrOhan, Fanning, Hoffmire, StraWbridge NOES COUNCILr.1EN None EY bill dated October 31, 1967, the matter of purchase of a 7,233' parcel northwest of the Reed Ranch Road and Tiburon Boulevard inter- section no~ came before the Council as a result of the state Division of Hight-lays declaring this land excess and, by policy, offering it to the adjacent o~mer, Mr. Dave Hulbert. Conforming to policy, the state, before transferrinz deed, had given notice to the City, ithich held first preference on the land should they 't'lish to purchase it. It Nas the recommendation of the Parks and Recreation Commission that the land not be purchased to be utilized for any ~ark or recreation purpose. OF H lOW:! A YS PURCHASE OF EXCESS The City ~~nager explained the City Engineer's ultimate solution to remove drainage uater from existing storm drains from the Noel property t'Tas to reroute the storm drains south dot'ln Reed Ranch Road. This t'lould involve construction of a nffi1 15' pipe from the catch basin in front of that property, runninG for some 300' along Reed Ranch Road to a curb outlet, for t'lhich costs 't'lere estimated at $6,360. Because of the cost beinG ~3,300 less and the time element would not permit letting of bids before uinter rains might cause damage, the alternative of repairs to existin~ drain had been chosen. Drohan indicated that by acting on the interim solution because of necessity, the City Engineer recommendation for the ultimate solution ttas not to go unrecognized. LANDS FROl-l STATE DIVISION s The City Manager stated bill dated November 3, 1967 requesting authori- zation to proceed tlith construction of a diversion storm drain in Reed Ranch Road Has nOi'1 moot inasmuch as concurrence has not'! been re- ceived from ~w. and Mrs. Raymond Noel, owners of 34 Reed Ranch Road, to enter their property to repair existing drain, obviating the present necessity of constructine the diversion drain proposed by the bill. CONSTRUCTION OF STORM DRA IN, REED RANCH ROAD A BSEl\TT co UNC ILr.'IEN None NOES COUNCILr.1EN None Bremer, Drohan, FanninG, Hoffmire, Stral'lbr1dge AYES MOVED by Drohan, seconded by FanninG, that the Council authorize the Mayor to enter into a subdivision improvement aGreement on behalf of the City ~!lth the request that the City r1anager contact the Pine Terrace and Del Mar homeovlners' associations and expose the map part of the agreement for their information and comment; unanimOUSly passed COUNC ILr-lEN: r"'1r. Paul he hoped l-1cCart 1,;laS reco[;nized sta t 1nc; his concern to commence ~'lor1~ as soon as possible. ~'las the Mrs. Iris Suhl, Pine Terrace resident, was recognized statinz she was disturbed that residents of her area had not been notified of this matter nor had an opportunity to viet"! the plans to express their objec- tions, if any. The City ManaGer stated that under Ordinance No. 59, minor subdivisions are administratively handled and the applicant had received preliminary approval 1-1/2 ~rears ago, the plan only now being finalized. The Chair stated he felt it tlou1d be Nise to notify repre- sentatives of nearby homeot1ners' groups. Drohan asked the matter be continued for t1'JO ~'1eeks to permit response from these Groups, if any, if no hardship ~ere imposed on the applicant by this delay. '~eather and Fanning ~as informed, in answer to his question, that the Commission had reviewed the application several years ago. The Superintendent of Public notin~ improvement and labor presented by the applicant. Planning ~"Torks presented the improvement plans, and materials' bonds had that date been nY bill dated November 1, 1967, the City Engineer recommended that the Council authorize the Mayor to enter into a subdivision improvement asreement with ~w. Paul McCart, O~'lner of Assessor's Parcel 55-171-01, property adjacent to Pine Terrace subdivision, in order that a small street might be improved to City standards and offered for dedication, as required by the ordinance afrectin0 minor subdivisions. SUBDIVISION r.l1nutes :'~129 Ci t~.T Counc 11 IMPROVEMENT AGREEME~~ -5- 13 November 1967 SY bill dated November I on November 14, 1967, 10 , . 1967, it 30 A. r.7., ~"!as noted the Board of Supervisors would hold public hearin~ nn ~h~ COUNTY SERVICE AREA The Chair directed the letter of the Chamber of Commerce be transmitted to the Planning Commission, alonG with photographs or other visual description of the three types of mounting discussed. , EXTENSION OF POLICE PROTECTION Motion by StraWbridge, seconded by Bremer, to accept the bill's recom- mendations Nas duly withdrawn on the submission of this alternative method proposed by PG&E. The Superintendent of Public ~'!orks reported that since the committee f s last meeting, PG&E had expressed reluctance in han~ing fixtures on buildings and offered a new, alternative method using a post against the building V-lith an overhanging arm for mounting the fixture. Mr. Rampton Harvey, Plannine Commissioner, ~las recoenized and reported on his committee's activity in selectin3 an acceptable lighting fixture for Main Street, it being their opinion the wall standard was preferable to a sidewalk standard-mounted fixture. It was the City Manaeer's recommendation that a policy of attaching llghtin3 fixtures to Main Street buildings be adopted; that this bill and the Chamber's letter be remanded to the Plannin3 CommiSSion for consideration in selecting appr~priate fixtures; and the City Manager be authorized to assist the Chamber in making the necessary arranze- ments with building owners to accomplish installation on bu1ldin~ fronta~es. As to the sidel'1alk, the City Engineer recommended that the sidewalk extend only as far as the real estate office south of the firehouse, pavement from there northerly to the firehouse being deemed to be adequate at this time. ay bill dated November 1, 1967, letter of the Tiburon Chamber of Com- merce dated October 11, 1967 came before the Council 1n which they re- quested that consideration be given to fastening the new lieht fixtures to Main Street buildln~s rather than on standards on s1det1alks; also, that the Chamber endorsed installation of "a sidewalk from the firehouse to the bus stop along Tlburon Boulevard. STREET The Chair directed the City Manager to obtain an extension of time, necessary, in order for such negotiations to take place. LIGHTS FOR MAIN STREET and SIDrn'rALK FOR TIBURON BOULEVARD if AffiEI\"T COUNCILMEN: None NOES COONC IL1'\7EN: None Fanning, Hoffmire, Stra\'lbridge AYES MOVED by Fanning, seconded by Stra\1bridge, that the matter be continued until the next meeting and in the meantime, the City Manager be authori- zed to investigate the matter further and open negotiations with the Division of Highways as to the cost of purchase of this property by the City; unanimously passed COUNCILNEN Bremer, Drohan, It 1"1as suggested b~r the Chair that the City f'.1anaeer be authorized to negotiate an agreement with the property m1ner that if he property were acquired by him, he ~'lould not plan to subdivide the parcel. The City Manager sug~ested such authorization also carry the power to ne~otiate possible purchase of the land. Mr. Allan Thompson, Reedlands resident, stated he doubted division deed restrictions Nould apply as to a lot split. that sub- Fanning asked whether the Reedlands Froperty ~lners Association were a\'1are of this situation" the Superintendent of Public Horks advising he had informed l\1r. Hatson Haarbauer, RPOA representative on landscap- 1n~ and shotln him a map of the subject property. The Assistant to the City ManaGer reported that if the property t1ere purchased by the adjoininG ot'Tner, his total footage t"1ould be sufficient to permit a lot split and the building of two residences on the parcels . l\1inutes'':129 City Counci.l -6- 13 November 1967 r.~in ute s .!'~129 13 November 1967 City Council -7- matter of extendin~ police protection for unincorporated areas through creation of a County Service Area, to which the Council had previously expressed support. MOVED by Bremer, seconded by Drohan, that the Council grant full and unanimous support to this undertaking, and that the Mayor be authorized to present the City's position at the scheduled 9ublic hearln~; unani- mously passed: AYES: C OUNe ILr.7EN : Bremer, Drohan, Fanning, Hoffm1re, StraWbridge NOES: CO UNC ILl~EN : None ABSENT: C OUNC ILfv7EN : None EXTENSION OF FILL PERf-lIT TO DIVISION OF HIGHHAYS ay bill dated October 31, 1967, the City Engineer recommended that the City endorse the grantin~ of an extension of fill permit by the Corps of En~ineers to the Division of H1gh~'!a~lS to allot,! placing hight'ray fill along the east shoreline of Richardson Bay bet1'1een Trestle Glen and San Rafael Avenue. The City Manager noted the matter had been before the Planning Com- mission November 9, 1967, at uhich time a unanimously passed motion asked that extension of the permit be made conditional upon the City meeting "lith the Hight'ray Department before anything further is done by them tllth respect to fill, a113nment and desi~n of future improve- ments to Tiburon Boulevard, and that the City and High\'lay Division a3ree on such improvements. ~~. Rampton Harvey, speaking individually and not as a Commissioner, and r.1rs. Iris Suhl, TPAC Secretary, were recognized expressing their concerns about highHay fill and alignment, endorsing the language of the motion passed by the Plannine Commission. Motions dUly made and seconded, (1) to substitute the Planning Com- mission's motion for the City Engineer's recommendation in the bill, and (2) to urge the Corps of Engineers to ~rant the extension provided heretofore-existing conditions, inclusive of cooperation bett1een the City and Division of Hi~hways on design and placement of fill, be adhered tO.l Nere duly \11 thdra"m in favor of the rOllot'tinc; motion. MOVED by Stratlbridge, seconded by Fanning, that the motion passed by the Planning Commission on November 9, 1967 be adopted; unanimously passed: A YES : COUNCILf.IEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: CO UNC IL~1EN: None ABSENT: CO UNC ILr.1EN : None VIII. ArrEAL APPLICATION FOR USE PERMIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE BET'>!EEN TIBURON BOULIWARD AND ~7AR UEST ~'.Teinberg and Demaurex, et aI, Appellants The Deputy City Attorney advised the Council that appellants' counsel had against requested a continuance of the subject appeal, and the Chair so directed the matter continued. IX. REPORTS ~IBURON POLICE AND SHERIFF STATION, DEVELOPMENT ADMINISTRATOR, TREASURER, ASSISTANT TO CITY NANAGER Reports for October, 1967 There bein~ no objection, the Chair directed reports for the month of October for the Tiburon Police and Sheriff Station and Development Administrator be accepted. R~r:tster of Claims No. l~O and Financial Reports r,1inutes }129 -8- 13 November 1967 City Council MOVED by Drohan, seconded by Bremer, that Register of Claims No. 40, Fund Receipts by Source, and Monthly Cash Flot'l Statement be accepted; unanimously passed: A YES: COUNCILNEN: Bremer, Drohan, Fanning, Hofrmire, Strawbridge NOES: COUNCILrmN: None ABSENT: COUNCILHEN: None x. QUESTIONS Do,mtown Drainage In response to Drohan's question, the City Nanager informed the Council the matter of Do\'.]nto'~ln Drainage Has no\'J' in study and \'Tould appear on the Council's November 27, 1967 agenda. Uhdergrounding of utilities, Main Street The Superintendent of Public Horks reported the undergrounding project i10uld be completed by PG&E uithin tt10 days, and he commended the PG&E Cret'l and their superintendent, Dave Becker, on their expeditious handlln~ of the project. The Chair took this opportunity to thank Main Street merchants also for their cooperation durin~ this construction period. Corporation Yard Drohan stated he expected to present a report on Possible corporation yard sites at the November 27, 1967 meeting. Election Procedures The City ~~naeer reported that on November 16, he, the Assistant to the City Manaeer and Assistant to the City Clerk, tIould attend an all-day school in San Jose to receive instruction on ne1~1 election procedures. XI. EXECUTIVE SESSION At 11:39 P.M.# the Chair announced adjournment to Executive Session in order to discuss a Parks and Recreation Commission appointment, and the apPOintment of a special counsel in assessment proceedings. XII. ADJOURNr-1ENT The Chair declared the meeting adjourned at 12: 30 A .f'l., November 14, 1967. /,.-- Approved by the City Council on: :~~ J} '2 , 1967 Minutes #130 CITY COUNCIL 27 November 1967 CITY OF TIBURON I.. CALL TO ORDER The regular meeting of the City Council, City of Tlburon~ state of Califor- nia, was called to order by Mayor John S. Hoffmire, Jr. at 8:10 P.M. on November 27, 1967 in the City Hall Council Chambe~. II~ ROLL CALL PRESENT: COUNCILNEN: Drohan, Hoffmire, Strawbridge ABSENT: COill'JC I Lr.'IEN : Brs:.'ner, Fanning EX OFFICIO: Lawrence D. Rose, City Manager Hob2rt I. Conn, City Attorney EJY 'lpJ. J.'oreo.ker, Jr., City Engineer -Louis B~unini, Superintendent of Public Works HU33ell Melquist, Assistant to City Manager Lt. \^Tilliam Johansen, Tiburon Police-Sheriff Station III. APPROVAL OF MINUTES MOVED by strawbrid~e, seconded by Drohan, that Minutes 4129 for the meeting ~f November 13, 19 7 be approv€d~ including the addendum submitted for in- sertion on page 4 following the first sentence of the 4th paragraph; motion unanimously passed. Tv. ORDINANCES PROPOSED SIGN ORDINANCE Continued Hearing ~ bill of November 22, 1967, the proposed Sign Ordinance cam on, the matter having been opened for public hearing on November 13 and con- tinued to this date to permit the City Attorney to redraft, with no substantive changes, and to receive suggestions from the Tiburon Pen- insula Advisory Committee. Drohan reported that while the redrafted ordinance was now before the Council, comments of rl'pJ\C IS Bd hoc cOl:::nittee had just been received, and he requested the hearing be continued to allow the Lands and Development Co~nittee nn opportunity to review and comment on the TPAC report. MOVED by Drohan, seconded by Strawbridge, that public hearing on the Sign Ordinance be continued to the next regular meeting; unanimously passed: AYES: COUNCILf/IEN: Drohan, Hoffmire, Strawbridge NOES: COUNC ILI.IZN : None ABSENT: COUNC ILI/IEN: Brener, Fanning CATV FRANCHISE Introduction and First Reading EY bill of November 21, 1967, an ordinance entitled AN ORDINANCE OF ~RE CITY OF TIBURON GRANTING A FRANCHISE TO CLEARVIEW CABLE SYSTEMS, INC., A COPORATION, TO CONSTRUCT, OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTErJI WI'I'HIN T'"rlE CITY OF TIBURON now came on for introduc- tion and first reading. The City Engineer reported the application, tentatively approved by the Council on May 23, 1967, had been perfected, and by adoption of this ordinance, franchise would be awarded. MOVED by Strawbridge, seconded by Drohan, that the ordinance be read by title only; unanimously passed: AYES: COUNC ILI,lEN : Dro~8n, Hoffmire, Strawbridge NOES: COUNC ILr.1El~: None ABSENT COU1~C IU.!~i'J B:"lE:l~Sr, Y2nning The Chair stated that having introduced the ordinance to be read by title only and having been so read, further reading would be dispensed with, and he directed public hearing set for January 8, 1967 at 8:00 P.M., pursuant to Sec. 50022n6 of the Government Code. ABSENT COUNCILMEN Bremer, Fanning NOES COUNCILMEN None AYES COUNCILMEN Drohan, called for and motion unanimously passed Hoffmire, Strawbridge Question on the motion was The City Attorney suggested correction be made by inserting the date "February 8, 1968" in the four open spaces provided for date on page 1, and that "Original Ordinance No. 82--Documentary Stamp Tax--New No 10" be added to the list of enumerated ordinances on page 2; such corrections were thereupon made MOVED by Strawbridge, seconded by Drohan, duced and read by title only. that the ordinance be intro- By bill of Novenlber 21, 1967, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE CITY OF TIBURON, CALIFORNIA, ENTITLED "THE CODE OF THE CITY OF TIBURON, CALIFORNIA" PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN WITH CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES HERE- INAFTER SET OUT came on for introduction and first reading. The ordi- nance represents, generally, a compilation and codification of the first 76 ordinances adopted by the City through March 13, 1967. CODE OF THE CITY OF TIBURON Introduction and First Reading The Chair directed that by second reading at the next meeting, a letter to the phone company be drafted expressing the City's desire that the phone company increase its staff for this relocation work so service can be provided to the Tiburon area as quickly as possible, and that Clearview's previous recommendation to the phone company that the CATV firm supply the men and pay 2 supervisor to oversee the work be incor- porated in the drafted letter ABSENT CO UNC IL~ilEN Bremer, Fanning NOES COU1'JC ILMEN None AYES COUNCILMEN Drohan, Hoffmire, Strawbridge Question on To a question of Mr. Allan Thompson, Reedlands resident, Mr. Ron Georgie, Chief Engineer for Clearview, replied that since the signal would come from Mill ValleY and have to be carried on overhead poles to areas where utilities ar2 presently undergrounded, the latter areas could not expect to receive service earlier than others served by overhead lines. the motion was called for and unanimously passed Mr. Peter Tib~)ettsj Pacific Telephone Company representative, was recog- nized stating that although they too were working diligently to do this work, he doubted such rearrangement could be accomplished by mid-year that available crel~ was assigned to areas in the order in which pole attachment agree~2Dts W2re executed, and since such agreements were signed until a franchise was granted, Clearview's Tiburon operation not yet on their cchedule not was Mr. Chanock, representing the applicant firm, was recognized stating they anticipated the phone company would complete relocation of their utilities on overhead poles by the middle of next summer, which would allow installation of the CATV system by the end of 1968. He stated they were anxious to commence service, but were hampered by the limited personnel available in the phone company to first relocate their utilities on these Inutually-used poles, and encouraged the City to press the phone company to provide ample staff for this work, the cost of which is borne by the CATi firm. MOVED by Strawbridge, seconded by Drohan, that the ordinance be con- sidered to have passed first reading, having been read by title only Minutes ?130- Ci ty Council -2- 27 November 1967 Minutes #130-City Council -3- 27 November 1967 MOVED by Strawbridge, seconded by Drohan, that the purpose of the ordinance 1s to adopt a municipal code containing ordinances of the City of a general and permanent nature, which may be from time to time amended; unanimously passed: A YES: COUNCILMEN: Drohan, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Bremer, Fanning PROPERTY TRANSFER TAX Introduction and First Reading By bill of No"ember 20, 1967, an ordinance entitled, AN ORDINANCE OF THE CITY OF TIBURON IMPOSING A DOCUMENTARY STAMP TAX ON THE SALE OF REAL PROPERTY now came on for introduction and first reading. The City Manager reported this was not an additional tax but a replacement of present federal tax, terminating January 1, 1968, of a County ordinance assuming such taxing power; and by adoption of SB 837 by the last Legis- lature, cities are permitted to participate to the extent of one-half of tax levied by adopting the subject ordinance. MOVED by Strawbridge, seconded by Drohan, that the ordinance be intro- duced and read by title only; unanimously passed: AYES: COUNCILMEN: Drohan, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Breme r , Fanning MOVED by Strawbridge, seconded by Drohan, that this be considered first reading, the ordinance having been read by title only; unanimously passed AYES: COUNCILMEN: Drohan, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Bremer, Fanning V. MINUTE ORDERS PARKS AND RECREATION COMMISSION APPOINTMENT By bill of November 21, 1967, the Chair announced his nomination of Mr. Allan Thompson, Reedlands resident and architect, to fill the remain- ing position on the Parks and Recreation Commission. MOVED by Drohan, seconded by Strawbridge, that the City Council confirms the appointment of Mr. Allan Thompson as a member of the Parks and Recreation Commission for a four-year term; unanimously passed: AYES: COUNCILMEN: Drohan, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Bremer, Fanning CERTIFICATE OF PUBLIC CONVENIENCE, FERRY SERVICE ay bill of November 21, 1967, Mr. Milton McDonogh put before the Council his protest, filed with the Public utilities Commission, of the applica- tion filed by Harbor Carriers, Inc. to operate a carrier service between San Francisco and Sausalito and between Tiburon and Angel Island. By letters to the City Manager of 11/8/67 and 11/9/67, Mr. McDonogh asked the Council to join in this protest, for reasons expressed in these communications addressed to the City Manager by his attorney, Frank I. Ford. It was the Public Services Committee's recommendation that the matter be put on the Suspense Calendar to permit time to examine the protest filed by Mr. McDonogh and the application made by Harbor Carriers Mr. Milton McDonagh was recognized~ stating at this time no date for public hearing had been set by the PUC. StraWbridge suggested that a Harbor Carriers representative be invited Mr. Ben Farlatti was recognized stating the City had directed Mr. Fred Zelinsky to provide parking for his Findjammer Restaurant between the Safeway store and Tiburon Lodge~ but there was no pedestrian passageway provided for patrons to use in going from the lot to the restaurant. He suggested the sidewalk be extended from Safeway to Main Street, and after completion of the drainage-sidewalk project, a distribution of costs for the storm drainage project could be submitted to private owners. Fire Chief Franklin Buscher was recognized stating there had been no previous discussion as to the District participating financially in the cost of the sidewalk in front of their property, but if the Board of the District agreed to lend such cooperation, he felt other private owners should also participate. Mr. Kelly \ITheeler, Tiburon Fire Pro- tection District, was recognized adding the City should set out a formula for such contributions if they were to be asked of private owners In answer to the Council's additional request that he investigate a complaint of Mr. Fred Mantegani that recent paving repair on the Boule- vard had impaired drainage in front of his place of business, the City Engineer reported these repairs had been properly made and did not control the elevation of water backing up in the vicinity of Mr. Mante- gani's store. A possible suggested remedy was installation of a new catch basin with connecting 12" concrete pipe to an existing storm drain on the south side of Tiburon Boulevard at its intersection with Juanita Lane By bill of the City Engineer of November 21, 1967, it was reported that plans to construct interim drainage facilit~es, with a sidewalk, on the north side of Tiburon Boulevard from the fire station east to the bus station had been prepared. Two departures from the original proposal were noted: (1) in the interest of economy~ the sidewalk was now located between the existing crosswalk at Main street intersection westerly to the real estate office on Tiburon Boulevard; and (2) street lights had been eliminated because of the uncertainty as to the confi- guaration of Tiburon Boulevard. DRAINAGE ON TIBURON BOULEVARD ABSENT COUNCILMEN Bremer, Fanning NOES COUNCILMEN None AYES MOVED by Drohan) seconded by Strawbridge, that the Council reaffirm the use of the present system as to stacking of automobiles in Tiburon Boulevard, with the understanding it 1s apparently going to be improved with the presence of an officer at least 80% of the time; and that the City Engineer and City Manager be directed to bring a recommendation to the Council on parallel vs. perpendicular parking on Tiburon Boulevardj motion unanimously passed: COUNCILMEN Drohan, Hoffmire, Strawbridge By bill of November 20, 1967, the City Manager brought to the Council's attention complaints received concerning parking of automobiles at Tiburon Boulevard~ northerly of Main Street, during commuter traffic periods. It Vias the recommendation of the Officer-in-Charge that the present policy permitting 15-minute "standing" in the red zone on Main Street be allowed to continue, there having been no report of damage to persons or property from such procedure, and that assignment of a traffic officer at these peak-load hours, when not required for more urgent duty, would help prevent blocking of vehicle movement. The City Manager concurred in this recommendation, noting one additional improve- ment might be substitution of parallel for the present perpendicular parking. The City Engineer concurred generally with these recommenda- tions. REGULATION OF VEHICULAR TRAFFIC DURING FERRY COMMUTER PERIODS The Chair directed the matter continued to January 8, 1968~ and if the Committee on Public Services finds from its review of the application and protest a basis for support of the present carrier, Mr. McDonagh, a draft of a letter to the PUC along these lines be presented for Council approval. to attend the meeting at Minutes --t.~130- Ci ty Council which the Council considers this -- 4- 27 November 1967 matter. MOVED by Drohan, seconded by Hoffmire, that the Council authorize the City Engineer to meet with Belvedere representatives and spend up to $250, subject to the City Engineer's approval of the plan that Belvedere has to measure the runoff co-efficient. The City Engineer stated Belvedere's consultant had disagreed with the figures presented in the McCreary-Koretsky report and wished to verify the correctness of the runoff co-efficient; but it was his opinion this was not the appropriate time to do this study, and even if the study indicated runoff substantially lower than the computation of the said report, he doubted that there would be the tremendous reduction in project costs alluded to, and doubted, too, that a proper study of this type could be completed for $500. Mr. John R. Moore, Belvedere's Mayor, was recognized and stated his City had voted $250 of the total $500, hoping Tiburon would contribute $250 toward this study which they considered an essential first step. Mr. Fred Hannahs was recognized calling attention to a study made in 1960 by the Kennedy Engineer for the Sanitary District #5 which would be helpful in establishing runoff figures. MOTION AMENDED by Drohan, with seconder's approval: That the City Council acknowledge receipt of the Planning Commission resolution and put it on file; and that Drohan shall communicate with the Planning Commission Chairman to determine the full extent of their intention in adopting the said resolution Miss Anne Ellinwood was recognized stating the City of Belvedere had requested this City's financial cooperation to the extent of one-half of the cost of a $500 study on runoff waters this winter; further, that this plan did not take into account the costs involved in acquiring lands from private tidelands owners whose property would receive the discharge. Strawbridge asked if the large basin in back of Tiburon Lodge could not be incorporated in the plan as he feared this land might be lost to potential holding-basin use through land development. MOVED by Strawbridge, seconded by Drohan, resolution be accepted. that the Planning Commission By bill of November 21, 1967, the City Engineer reported that on Novem- ber 6, 1967, the Planning Commission adopted a resolution approving, substantially, a project recommended in the McCreary-Koretsky report, subsequently recommended by the Joint Drainage Committee to the Tiburon Council for adoption, to provide a holding basin on Tiburon Peninsula Club land with discharge of waters to Belvedere Cove. By their resolu- tion, the Commission recommended that the Council appropriate monies for the determination of routing of the storm drains. PLANNING COMMISSION RESOLUTION REGARDING DOWNTOvJN DRAINAGE The Chair repeated the sense of the motionj that the entire project, including extending the sidewalk to the Tiburon Lodge, should be put to bid and the City Manager, in coordination with the Public Services Com- mittee, will negotiate with the owners for their pro-rata share. ABSENT COUNCILMEN Bremer, Fanning NOES COUNCILMEN None AYES COUNCILMEN Drohan, Hoffmire, Strawbridge Question on the motion was called for and unanimously passed Drohan stated he favored extending the sidewalk the full distance, requested by Mr. Farlatti. as MOVED by Drohan, seconded by Strawbridge, that the Council approve in principle the whole project; that the City Engineer be instructed to put the project out for bids immediately and the City Manager be instructed to meet with the Fire Department and adjoining property owners to negotiate a pro-rata contribution to the total job; and that the City Manager present such recommendation to the Public Services Committee. Minutes /~ 13 0 City Council -5- 27 November 1967 A YES: NOES: ABSENT Fanning MOVED by Strawbridge~ seconded by Drohan~ that recommendation be adopted; unanimously passed: Hoffmire, Strawbridge COUNCILMEN COUNCILMEN COUNCILMEN Drohan, None Bremer, City Engineer the In answer to the points raised by Miss Anne Ellinwood, the City Engineer responded that the question of ownership of affected lands would be part of the study he conducted s By bill of November 21, 1967, the City Engineer recommended that he be authorized to perform preliminary work, as suggested by the Planning Commission, to evaluate the entire circulation system within the Esperanza-Mar Hest street area, including the possibility of extending Beach Road to Mar 11est, extending existing Esperanza street southerly to Tiburon Boulevard, and the original proposal of the City Engineer to extend Esperanza street to Mar Hest. He stated he would, subsequently, consult with the Commir~ion to determine what project might be pursued after this preliminary investigation. EXTENSION OF ESPERANZA STREET TO MAR WEST STREET The Chair directed the matter continued to the next meeting, asking that the Chairman meet with Staff to work out the details of the subject contract. The Chair noted that in including all these persons, it might be difficult to arrange a meeting promptly and the City Manager's sugges- tion that the undertaking might be approved and contract details later worked out might be followed. Mrs. Smith indicated she preferred to hold the meeting on the contract before the Council considered approval of the project. Mrs. Polly Smith, Chairman of the Parks and Recreation Commission, was recognized stating she hoped this meeting could be promptly arranged between herself, the City Manager, member of the Council, County Planning Director Paul Zucker, and if desir~d, the City Attorney, in order that the matter could come up on the next Council agenda. Drohan stated some questions on the proposed contract had been raised, and the Commission now asked that the matter be continued in order to meet first with the City Manager, a member of the Council and member of the Planning Commission to work out some elements of the contract BY bill of November 21, 1967, the Parks and Recreation Commission put before the Council their Resolution No.9 urging that a proposed agree- ment with the County of Marin, including a~ Exhibit B, be approved for a joint city-county study of trails, which would include the ridge route of the Peninsula, the railroad right-of-way and connecting links. CITY AGREEMENT FOR TRAIL PLAN ON TIBURON PENINSULA ABSENT COUNCILMEN Bremer, Fanning NOES COUNCILMEN None AYES Question on the motion, as amended, to receive and file the Planning Commission resolution vTas called for and motion unanimously passed: COUNCILMEN Drohan, Hoffmire, Strawbridge ABSENT COUNCILMEN Bremer, Fanning NOES COUNCILMEN strawbridge AYES Question on the motion to approve an expenditure of $250 for the runoff ~tudy, subject to the City Engineerfs approval, was called for and passed COUNCILMEN Drohan, Hoffmire Miss Anne Ellinwood was recognized stating the Planning Commission had passed the resolution because drainage was essential to street layout and planning, and if an alternate route were to be considered, the Com~ mission should be advised. Drohan stated he would communicate to the Commission's Chairman a summary of the present discussion. Minutes #130-City Council -6- 27 November 1967 It was the sense the County would of the Council that such subvention of revenues to only increase the inequities the proposal presumably MOVED by Strawbridge~ seconded by Drohan~ recommendation be accepted that the City Manager s By bill of November 21~ 1967~ the City-County Services Committee asked for the Council's response to its proposal to study a redistribution of sales tax revenues received by the cities and County of Marin~ as proposed by the Board of Supervisors, whereby cities would share with the County a portion of sales tax revenues and/or motel tax revenues. It was the City Manager's recommendation that the City assent to the study but assign to the Administration and Finance Committee a study on supplemental revenues which the City might obtain to replace those subvented to the County REDISTRIBUTION OF SALES TAX REVENUES ABSENT COUNCILMEN Breme r , Fanning NOES COUNCILMEN None Hoffmire, strawbridge AYES MOVED by Drohan; seconded by Strawbridge, that negotiations with the Division of Highways for the purchase of a 7~233 square-foot parcel located in Reedlands Unit No 1 be discontinued; unanimously passed COUNCILMEN Drohan, By bill of November 21, 1967, the Assistant to the City Manager repor- ted that due to zoning restrictions and deed restrictions pertaining to a parcel of land northwest of Reed Ranch Road and Tiburon Boulevard, on which the City Manager on November 13 had been authorized to open negotiations for purchase, it was the Staff's recommendation that the City not continue such negotiations. PURCHASE OF EXCESS LAND FROM STATE DIVISION OF HIGHWAYS A BS ENT COUNCILMEN Bremer~ Fanning NOES COUNCILMEN None AYES v!ith approval of maker and seconder, the motion was then AMENDED to add: Such approval being subject to the City Manager obtaining confir- mation of answers to the questions posed by the City Attorney; motion unanimously passed: COUNCILMEN Drohan~ Hoffmire, strawbridge The City Attorney rais2d several questions on the exhibited agreement In paragraphs 3 and 6; whether the City had any liability for reimburse- ment of out-of-pocket expenses should the bond fail to go through; in paragraph 4, clarification as to whether the 3%-of-construction-cost fee included acquisition and contingency and would be paid out of bond proceeds; and paragraph 5; what the obligation for special fees in regard to acquisition of land would be. MOVED by Strawbridge, seconded by Drohan, that Resolution No. 176 be adopted, appointing the Oakland law firm of Sturgis, Den-Dulk, Douglass and Anderson as special bond counsel to conduct special assessment district proceedings in EI Marinero Assessment District #1967-1, and that the Mayor be authorized to sign, and the City Clerk attest to~ the attached agreement employing said firm. Since preparing the bill, the City Manager reported the Councilmen had received an exhibit thereto, being a memorandum of proceedings in which it was proposed that the Council adopt a resolution appointing special bond counsel and authorize execution of an agreement~ attached to said resolution draft By bill of November 20~ 1967, the City Manager presented for approval appointment of special counsel to the City for the formation of an assessment district to finance improvements in the Marinero Subidivision, as requested by developer Kurt Heath, and as discussed in Executive Session by the Council USE OF ASSESSMENT DISTRICTS FOR FINANCING PRIVATE DEVELOPMENT Resolution No. 176 Minutes #130-City Council --7- 27 November 1967 Minutes #130-City Council -8- ~7 November 1967 aims to remedy. Question was called for and motion unanimously defeated: AYES: COUNCILMEN: None NOES: COUNCILMEN: Drohan, Hoffmire, Strawbridge ABSENT: COUNCILMEN: Bremer, Fanning The Chair stated he would so inform the CitY-County Committee at the meeting he will attend of Mayors and Councilmen on November 29, 1967 COUNTY-~\!IDE FLOOD CONTROL ZONE BY bill of November 21, 1967, the CitY-County Services Committee re- quested the City's assent to a study to create a county-wide flood control zone. It was the City Manager's recommendation that the City assent to such a feasibility study. MOVED by Strawbridge, seconded by Drohan, that the City Manager's recommendation be accepted. Drohan stated in view of the localized flooding problems of Tiburon, he could see no benefit in spending funds for such study to create a county-wide flood control zone, which might result in another 5~ tax levy. Strawbridge stated that flooding within the County affected Tiburon residents who must travel through such flooded unincorporated areas and felt the City should support the study. The Chair stated he favored the proposal, although hoped no 5~ levy would result. Question was called for and motion passed: AYES: COUNCILMEN: Hoffmire, Strawbridge NOES: COUNCILMEN: Drohan ABSENT: COUNCILMEN: Breme r, Fanning CLAIM FOR PAYMENT OF ADDED WORK PERFORMED By bill of November 21~ 1967, it was reported the firm of vTilbur Smith & Associates, Inc. in October 1965 was authorized to make a traffic survey as part of the Callister & Payne Downtown Plan, and by January, 1966 had performed work over and above that authorized, later billing the City for $1,305.19 in excess of the authorized amount. The bill had been referred to the Administration and Finance Committee, whose recommendation was that since the work was performed, though not authorized~ and value received~ a negotiated settlement of $500 in payment of the $1~305.19 overage be allowed; that the $500 be transferred to the General Fund for this purpose, increasing Project 13-68, Func- tion S by $500 to cover the settlement. MOVED by Strawbridge, seconded by Drohan~ that the Committee's recom- mendation be accepted; unanimously passed: AYES: COUNCILMEN: Drohan, Hoffmire~ StraWbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Bremer, Fanning RATE INCREASE REQUEST BY GREYHOUND LINES BY bill of November 21, 1967, the Assistant to the City Manager stated the Public Utilities Commission had granted a hearing to Grehound Lines for December 20, 1967 for them to present their case for a rate increase~ affecting Tiburon passenger fares. As substantial grounds must be pre- sented for a protest at such hearing, it was the City Manager's recom- mendation that the City set a hearing for December 11, 1967 to permit persons interested in the matter to give testimony to support any action the Council might wish to take to present at the PUC hearing. Minutes #130-City Council -9- 27 November 1967 MOVED by Strawbridge, seconded by Drohan, that the City Manager's recommendation be accepted and hearing be so set for December 11, 1967 ; unanimously passed: AYES: COUNCILMEN: Drohan, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Breme r , Fanning TEEN-AGE DANCE By bill of November 21, 1967, the Parks and Recreation Commission sought the Council's approval of the Commission's sponsorship of a teen-age dance to be held January 6, 1968 at Del Mar School, requesting authorization to spend not to exceed $100 for expenses, should atten- dance fall below the anticipated figure. Mrs. Polly Smith was recognized, giving some details of the plans for this function, at which the Assistant to the City Manager has volunteer- ed his services as Master of Ceremonies. She stated Belvedere would assist in providing chaperones, but would not participate financially. MOVED by Drohan, seconded by Strawbridge, that the City Council endorse the Parks and Recreation Commission's intention to conduct a teen-age dance at Del Mar School on January 6, 1968; and support it to the extent of $100, assuming attendance does not pay for the dance's expensesj unanimously passed: AYES: COUNCILMEN: Drohan, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Bremer, Fanning THELFTH NIGHT, CHRISTMAS TREE BURNING CEREMONY BY bill of November 21, 1967 , the Parks and Recreation Commission sought Council approval of a Christmas Tree Burning Ceremony on January 6, 1968, planned jointly with the Belvedere Parks and Recreation Com- mission. MOVED by Strawbridge, seconded by Drohan, that the Council approve the request of the Parks and Recreation Commission; unanimously passed: A YES: COUNCILMEN: Drohan, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Bremer, Fanning Drohan questioned the necessity of bringing the latter two items to the Council for approval. The City Manager responded there were questions of policy involved, as well as expenditure of money in one case. ABATEMENT OF NUISANCE, ANISE '..TEED BY bill of November 20, 1967, the City Manager conveyed to the Council Northwestern Pacific Railroad Company's response of November 2, 1967 to the City's request that they control anise weeds growing along their right-of-way and railroad yard. They stated that when rails, ties and other materials were removed from the abandoned line, it might be possible to resolve the problem. Miss Anne Ellinwood was recognized stating that she hoped that by controlling the anise weeds on railroad property before this time that further distribution of seeds could be reduced, suggesting the railroad be asked to take earlier action than that shown in their letter. She suggested sterilization of the soil might be helpful in reducing the weed crop at this point. Mr. Joseph Bacheller, Parks and Recreation Commissioner, was recognized supporting this position since the Commission hoped to landscape some areas when the weeds were removed. l'~e City Engineer agreed it might be propitious to review priorities, suggested a Council committee meet with Mr Johnson on the matter. and Jxtension of Vistazo \Test was discussed. Mr. Johnson stated would serve at least 3 or 4 times the number of persons Porto Marino Drive extension and endorsed such a residents he represented would be happy to have, Diviso. this proposal served by the proposal, although the first, improvements to Mr. Andrew Johnson, representing the Association, was recognized urging prompt action be taken in widening the street at least 2', and emphasizing the importance of the street to the residents it serves in contrast to the value of improvements to two previously-authorized improvement projects for Vista Del Mar Lane and Porto Marino Drive, neither of which were in the Select street System. Drohan reported receipt of letter dated November 24, 1967 from the Hill Haven Property Owners Association calling the Council's attention to the "dangerously narro\." condition" of Diviso Street, and requesting immediate steps be taken to bring said street to City standards, being a heavily- used street of the Select Street System. The letter suggested that if there was any question, the City Attorney be asked for his opinion on the official status of the street within that System, stating it was an accepted public street serving 119 families. Drohan suggested priority of street improvements be reviewed, in view of the statements in this letter. Widening and Paving, Drohan also suggested the Council might consider meeting weekly on a 8:00- 10:00 P.M. schedule. The City Manager suggested, alternatively, the Council might make its first monthly meeting an open discussion meeting so the public could be heard, and at its second monthly meeting, the Council would take action on those matters, with no public discussion. There was no ~onsensus on either suggestion. Diviso Street The Chair directed this suggested procedure be followed, taking advantage of the interim created by the cancelled December 26th meeting to initiate the change. Drohan suggested that items on agendas which are to be referred to committees be so referred prior to the item being placed on the agenda to allow the committee to meet, recommend, and establish the time at which the item will then be placed before the Council. He suggested this procedure might shorten meetings, as well as provide more considered attention to the matters by committee members. The City Manager stated that if it was concurred that the December 26, 1967 meeting be cancelled--being a holiday--this procedure could be instigated during the interim between the December and January meetings. Drohan added this suggestion presumed Staff would use its dis- cretion in what matters are referred to committee and it was not his inten- tion that all items be so referred. Strawbridge concurred in the latter. Procedural Changes VIII There being no objection, the Chair directed report of the Superintendent of Public Horks for October, 1967 accepted, with usual commendations. QUESTIONS SUPERINTENDENT OF PUBLIC VI ORKS VII The City Attorney reported Appellants had of this appeal, pending since January 17, the matter continued REPORTS again requested continuance 1967. The Chair so directed APPLICATION FOR USE PERMIT TO ESTABLISH PARKING LOT PARADISE DRIVE BETVTEEN TIBURON BOULEVARD AND MAR FEST l:Teinberg and Demaurex, et al Appellants VI Minutes Council -10- 27 November 1967 The Chair directed Staff to investigate the suggestion of spraying along the right-of-way, requesting the railroad to accomplish this by means of a small car run along the track, and explaining to the company that presence of weeds on their property was precluding the landscaping proposed by the Parks and Recreation Commission. ~1130- Ci ty APPEAL Minutes ? 130 - C i t Y Co un c i 1 -11- 27 November 1967 The Chair directed the matter referred to Public Services Committee, to meet with Mr. Johnson and report at the first meeting in January. Announced Closing of PG&E Service Agency, Belvedere BY letter addressed to the Mayor on November 20, 1967, Mrs. 01eta Skinner requested the City's support in opposing the plan of PG&E to close its service facilities, retaining only the "payll station at 7 Beach Road, Belvedere. She presented three petitions, dated November 14, 1967, bearing the names, respectively, of 105, 74 and 146 Tiburon and Belvedere residents who support continuance of the PG&E offices on the same basis as they have been operated for some 40 years. Mr. Dick Conrad, PG&E representative, was recognized explaining the company wished to eliminate the agency portion, retaining Mrs. Skinner to operate the pay station. He stated that whereas the local station was open only 8 hours a day for service calls, handling them through Mill Valley, which is open 24 hours a day, would provide faster and more complete service. He also mentioned duplication of records at both offices would add to the economy. Mrs. Skinner was recognized and stated residents of the area were very concerned about losing the "personal touchll of this office, and she did not feel she could continue to operate the office on the basis of the fees paid for collection of bills only. Mr. Conrad replied an increase in this fee schedule was being considered. It was the sense of the Council that the City could take no position in these negotiations between the private parties. MOVED by Strawbridge, seconded by Drohan, that the petitions presented by Mrs. Skinner be accepted and forwarded to the Pacific Gas & Electric Company; unanimously passed: AYES: COUNCILMEN: Drohan, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Bremer, Fanning IX. ADJOURNMENT At 12:35 A.M., November 28, 1967 , the Chair declared the meeting adjourned ~ . '--- Approved by the City Council on: , 1967 MA YOR Minutes #131 CITY COUNCIL 11 December 1967 CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, state of Califor- nia, was called to order by Mayor John S. Hoffmire, Jr. at 8:10 P.M. on December 11, 1967 in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge ABSENT: COUNCILMEN: None EX OFFICIO: Lawrence D. Rose, City Manager Richard H. Breiner, Deputy City Attorney Ray W. Foreaker, Jr., City Engineer Louis Brunini, Superintendent of Public Works Rus6ell Melquist, Assistant to City Manager III. APPROVAL OF MINUTES MOVED by strawbrid~e, seconded by Drohan, that Minutes #130 for the meeting of November 27, 19 7 be approved as submitted; unanimously passed. rl. HEARING RATE INCREASE, GREYHOUND LINES, INC. The matter of rate increases proposed by Greyhound Lines, Inc. now came on, having been set for public hearing this date by the Council on November 27 when it was decided to provide this opportunity for citizens to gi~e testimony to support whatever action the Council might take for the Public utilities Commission's hearing. The Chair declared the hearing open. It was noted that while the Company was asking for less than a 5~ in- crease in one-way fares, commuter fares would be increased more than 40~. No representatives of Greyhound Lines, Inc. were present. Mrs. Mary Price was recognized, stating this heavy 5l.4~ increase in commuter fares would be a particular hardship to heads of families who must commute daily to San Francisco; that it appeared such increase was directed towards eliminating commute passenger service; and that the outlay for commute books might cause passengers to pay on a per-trip basis, which would be time consuming for drivers and cause delays. Dr. Edgar C. Leuthold was recognized, endorsing the statement made. The Chair declared the public hearing closed. MOVED by Fanning, seconded by Bremer, that a strong letter of protest be addressed to the Public utilities Commission objecting, particUlarly, to the heavy increase in commuter tickets. Strawbridge stated he would abstain from voting, in the ab_ence of testimony from the Greyhound Company as to their reasons for the re- quested rate increase. Question was called for and motion passed: AYES: COUNCILMEN Bremer, Drohan, Fanning, Hoffmire NOES: COUNCILMEN None ABSTAINING: COUNCILMEN Strawbridge ABSENT: COUNCILMEN None V ORDINANCES PROPOSED SIGN ORDINANCE EY bill of the City Engineer of December 5, 1967, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON GRANTING A FRANCHISE TO CLEARVIEW CABLE SYSTEMS, INC., A CORPORATION, TO CONSTRUCT, OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM v,TITHIN THE CITY OF TIBURON now came on for second reading and adoption, having passed first reading ~ATV FRANCHISE Second Reading and Adoption Ordinance No. 83 ABSENT COUNCILMEN: None NOES COUNCILMEN None AYES Question on the amended motion was called for and unanimously passed COUNCILMEN Bremer, Drohan, Fanning, HOffmire, Strawbridge ABSENT COUNCILMEN None NOES COUNCILMEN None Strawbridge AYES MOTION AMENDED BY Fanning, seconded by Drohan, adding: and that the Planning Commission is requested to hold at least one public hearing before returning the ordinance to the Council. Amend.ent was unani- mously passed: COUNCILMEN Bremer, Drohan, Fanning, HOffmire, Fanning stated that although a public hearing was not required, the public would be given an opportunity to speak to the matter is before the Commission. he hoped when it Miss Anne Ellinwood was recognized asking if, as in the Zoning Ordi- nance, the CommiSSion would be prevented from considering any aspect of the ordinance not specifically referred .to them by the Council. The Chair replied the ordinance was going back to the Commission in its entirety for their reconsideration of any or all of the draft. Bremer stated he felt outright prohibition could preclUde something in good taste which the City might want to have. Drohan replied that if the Commission agreed with the Council's recommendation taking window signs out of the prohibited category, the only remaining prohibitions would be vehicular, roof and moving signs, and outdoor advertising. MOVED by Drohan, seconded by Fanning, that the City Council return the draft of the proposed Sign Ordinance, dated November 6, 1967, to the Planning Commission along with (1) the Committee's agenda bill, as now amended, and (2) all correspondence received on the matter from interested citizens; and that the Planning Commission be urged to give equal attention to all elements in further shaping the final ordinance Section 8-9lo That the Planning Commission be requested to clarify wording 0 the first sentence of this section to make it understand- able to the public; and that title be added to the heading. Section 8-l3(b): Correct typographical errors in 2nd and 4th lines, substituting, respectively, "pasted" and "Window" for posted and wider. Section 8-l4(c) Bulletin Boards square f-ee Delete second sentence from paragraph. End paragraph with sentence "...a1so feels that is too small." Delete remainder of paragraph. 8 The Council concurred in all the Committee's suggestions as submitted, with amendments made to the following The proposed Sign Ordinance, on which hearing was originally opened on October 23rd and continued through to this date, now came before the Council with the accompanying report of the Lands and Development Com- mittee, dated December 11, 1967, containing their recommendations for revisions based on their study and letters of TPAC and interested citi- zens. The Committee recommended the draft be returned to the Planning Commission, and that their attention be directed specifically to ten items which the Committee now put to the Council for concurrence. The Committee noted the Commission's reconsideration of the draft should not be limited to these items alone, and that all pertinent correspond- dence should be transmitted to the Commission when the draft was re- turned. Minutes #131-City Council -2- 11 December 1967 Minutes #131 City Council -3- 11 December 1967 on November 27, 1967. The Chair called attention to his letter of December 5, 1967, addres- sed to the President of Pacific Telephone & Telegraph Co., San Fran- cisco, asking their cooperation in expediting the matter of pOle line conversions to permit the Clearview Company to string their cable preparatory to service. MOVED by Bremer, seconded by Strawbridge, that the ordinance be read by title only, constituting second reading; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None MOVED by Bremer, seconded by Strawbridge, that title having been so read, that Ordinance No. 83 be adopted; unanimously passed: A YES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None PROPERTY TRANSFER TAX Second Reading and Adoption Ordinance No. 82 EY bill of December 5, 1967, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON IMPOSING A DOCUMENTARY STAMP TAX ON THE SALE OF REAL PROPERTY now came on for second reading and adoption, having passed first reading on November 27, 1967. MOVED by Strawbridge, seconded by Drohan, that the ordnance be given second reading by title only; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None MOVED by Strawbridge, seconded by Fanning, that title having been so read, Ordinance No. 82 be adopted; unanimously passed: A YES : COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None VI. RESOLUTIONS EL MARINERO ASSESSMENT DISTRICT NO. 1967-1 Appointing En~ineer of WOek and Authorizing Execution of Agreement Resolutions I 7 through 1 2 ay bill and addenda of December 6, 1967, the Assistant to the City Manager reported the special counsel employed by the City for the El Marinero Assessment District would present six procedural resolutions for adoption. Mr. Edwin N. Ness, Special Bond Counsel, then presented his 3-page memorandum outlining the necessary procedures to commence assessment district proceedings, introducing the resolutions which must be adopted to institute proceedings. MOVED by Fanning, seconded by Drohan, that Resolution Nos. 177 through 182, pertaining to the E1 Marinero Assessment District 1967-1, be adopted as presented without further reading, such resolutions being RESOLUTION APPROVING BOUNDARY MAP, RESOLUTION OF PRELIMINARY DETER- MINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS, RESOLUTION APPOINTING ENGINEER OF WORK AND AUTHORIZING EXECUTION OF AGREEMENT, RESOLUTION OF INTENTION IN THE MATTER OF CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS TO BE MADE, RESOLUTION AND ORDER PRELIMINARLY ADOPT- ING ENGINEER'S REPORT, SETTING PUBLIC HEARING AND CALLING FOR BIDS, Fire Chief Franklin Buscher was recognized stating the District had not been invited to participate in the ad hoc committee's discussions, and had they been present, would have informed the committee it would not be possible to raise the firehouse floor because the 10' ceiling would not, thus, accommodate the fire fighting apparatus; and they had been advised by an architect this would be a waste of time and cost some $25,000. The Chair explained the meeting was called to coordinate with the Commission on drainage matters and to bring about the most feasible and financial practicable solution to the problem The City Manager recommended that completion of the sidewalk to the Tiburon Lodge should be accomplished; that the District's offer to pay 50% of the cost of the storm drain, exclusive of a double catch basin on either side of the sidewalk south of the real estate office, be accepted; and that other benefiting property owners be asked to sub- ~cribe the $2,200 required to complete the sidewalk; and that Mr. Fred Mantegani be asked to pay the $1,400 required for a 12" drain on the opposite side of Tiburon Boulevard, between his market and the catch basin on Juanita Lane. ay bill of December 11, 1967, the City Manager and City Engineer reported on a meeting of an ad hoc committee, composed of Bremer and the Chair, Planning Commissioners Rettig and Harvey, held December 6 to discuss proration of costs for construction of an 18' drain in Tiburon Boulevard from the firehouse southerly to an existing storm drain near the bus stop, and construction of a paralleling sidewalk. It was the Committee's recommendation that the City might assume the expense of installing the drainage system, providing the Tiburon Fire Protection District initiated action to promptly cause the firehouse floor to be raised, and that the City Engineer proceed with soliciting bids only after receiving such assurance from the District. STORM DRAIN AND SIDEWALK Tiburon Boulevard, Main street to Tiburon Lodge The Chair stated, following withdrawl of the motion, that he would direct the matter referred to Lands and Development Committee to work out with Mr. Mantegani, and that the matter be continued to the next meeting in January. Mr. Fred Mantegani was recognized stating he was not opposed to parallel parking but if it were done, the procedure should be followed all along Tiburon Boulevard downtown, not just in front of his property, which currently accommodates 14 cars in the 250' frontage, and with parallel parking would be reduced to 7 spaces. He added that previous discus- sions with City Staff had indicated the prOblem of cars double parking during ferry arrivals \'lould, be solved by posting "no parking" signs along that side of Tiburon Boulevard, a suggestion to which he agreed Motion by Bremer, seconded by Strawbridge, that the City Engineer be authorized to proceed as requested in the agenda bill was duly with- drawn following later discussion. ay bill dated December 5, 1967, the City Engineer recommended that the Council authorize him to proceed with converting the perpendicular parking to parallel parking on the southerly side of Tiburon Boulevard from Juanita Lane westerly to the Tiburon Professional Center bUilding, as discussed on November 27, 1967 at the request of Mr. Fred Mantegani whose property fronts this area. PARALLEL PARKING ON TIBURON BOULEVARD VII. MINUTE ORDERS ABSENT COUNCILMEN None NOES COUNCILMEN None AYES COUNCILMEN Bremer, Drohan, Fanning, Hoffmire, Strawbridge Question was called for and motion unanimOUSly passed It was noted that an agreement with of 11~Tork, was attached to and made a this firm. Rhodes & Burton, named as Engineers part of the resolution apPOinting and RESOLUTION ADOPTING SCALE OF PREVAILING WAGE RATES Minutes #131 City Council -4- 11 December 1967 Minutes #131-City Council -5- 11 December 1967 Mr. Fred Hannahs was recognized, speaking for the District's Board, stating that after a year's discussions and the decision made at the November 27th meeting, they were discouraged to learn of the recommen- dations now propounded by the ad hoc committee. He stated that the project would be further delayed while obtaining agreement from the property owners as to their financial participation in the sidewalk portion of the plan. Drohan suggested the committee's recommendation, while well intended, should be abandoned and discussions should center about the original plan. The City Manager explained how the committee's recommendations had been arrived at, stating it would still be possible to do the original pro- ject, putting it to bid at the unit price so the project might be enlarged to include the full sidewalk if subscription permitted. The Chair stated he felt the City Manager's suggestion to subscribe the remaining $2,200 of cost was worthwhile, and felt Mr. Fred Zelinsky would participate. Mr. Ben Farlatti was recognized, stating the Tiburon Lodge already has provided for pedestrian passage and should not be asked to contribute towards additional sidewalk. MOVED by Fanning, seconded by Strawbridge, that the Council proceed with the project, from the firehouse down, and anyone else who wants to tie in should make their 100% pro-rated contribution. Mr. Fred Mantegani stated that if the District wished to contribute the $3,800, constituting 46% of the storm drain's cost, he would be willing to contribute the $1,400 required for the drain on his side of the Boulevard. Mr. Farlatti was again recognized, indicating the City should bear the cost of the extended sidewalk, and stating he preferred seeing the side- walk on the side opposite his Tiburon Lodge. The City Manager stated that if Staff were provided with a cut-off date in which to solicit pro-rata contributions, the project could be put to bid in accordance with the original pla~. Question on the motion was called for and ~nanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COtNCILMEN: None ABSENT: COUNCILMEN: None MOVED by Fanning, seconded by Bremer, that the Council accept the offer of the Tiburon Fire Protection District to extent of 50% contri- bution, less the cost of the double catch basin; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, StraWbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Mr. Hannahs was again recognized stating he understood an order issued in connection with bringing the culverts in front of the Tiburon Lodge up to grade had been withdrawn. The Chair replied this was not so. DOWNTOWN WATERSHED DRAINAGE PROGRAM - Runoff study Recommendation ay bill of December 7, 1967, the City Engineer recommended that the City at this time not contribute $250 to match the amount allocated by the City of Belvedere for a further study of runoff coefficient in connection with downtown drainage. Bremer stated it was felt the $250 figure would not make any worthwhile contribution to the solution of downtown drainage at this point and further, could present false statistical information since the study was not comprehensive enough for the results desired. iOVED by Bremer~ s~~vnded b~ Strawbridge, that the City not allocate 259 toward suc study a~d he City of Belvedere be appropriately dVlsed as to the City's reasons for not participating in the study Minutes #131-City Council -6- 11 December 1967 Motion unanimously passed AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None PROPOSED CONTRACT FOR HIKING AND BIKING TRAILS Drohan stated that as directed at the last meeting, the proposed contract between the County and City for a study of hiking and biking trails had been discussed by the County's Planning Director and the City Manager and a draft of such contract, dated December 8, 1967, was now prepared. He stated that before presenting this for approval, the City Manager wished to review the contract, making some non-sub- stantive changes. MOVED by Drohan, seconded by Fanning, that the Council authorize the Mayor to sign the contract between now and January 8, 1968, or when-- ever completed, with the understanding that (1) the dollars involved will not exceed the $700 originally projected for the job, and (2) that the City Manager's review will include no substantive .~anges, but only minor administrative details. Mrs. Polly Smith, Chairman of the Parks and Recreation Commission, was recognized asking for the City Attorney's opinion on the contract and his ruling on how he would interpret the contract as to guarantee- ing the Commission that work will be done by the County consultant both within the City as well as the Peninsula. The Deputy City Attorney stated it appeared the County Planning Depart- ment would do the work for the entire trail system, the City paying one-third of the cost of the billing, not to exceed a total of $700. MOTION AMENDED by Drohan, seconded by Fanning: that the following be added to the motion: that the Council authorize transfer of $700 from the Contingency Fund to the General Fund for this purpose. Question on the motion, as amended, ~s called for and unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None AME~: COUNCILMEN: None RECONSIDERATION OF APPLICATION FOR SIGN PERMIT Horne and Land Company, 1690 Tiburon Boulevard EY bill of December 1, 1967, the Development Administrator recommended that since the Board of Design Review had now approved the awning sign, in lieu of approving the sign on top of a free-standing sign at 1680 Tiburon Boulevard, since removed, that the Council rescind its order to remove the awning sign, determined on September 11, 1967 by the Council to be an excess sign. MOVED by Drohan, seconded by Bremer, that the City Council rescind its previous order to remove the awning sign erected by Home and Land Company; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None VIII. APPEAL APPLICATION FOR USE PERMIT TO ESTABLISH PARKING LOT ADJACENT TO PARADISE DRIVE, BETWEEN TIBURON BLVD. AND MAR WEST Weinberg and Demaurex, et aI, Appellants Drohan reported Mr. M. Demaurex had again requested continuance of this appeal. The Chair directed the matter continued. Minutes #131-City Council -7- 11 December 1967 IX. REPORTS TIBURON POLICE AND SHERIFF STATION There being no objection, the Chair directed report of the Tiburon Police and Sheriff's Station for November, 1967 be accepted as sub- mitted. FUND RECEIPTS BY SOURCE There being no objection, the Chair directed the November statement of Fund Receipts by Source accepted. REGISTER OF CLAIMS NO. 41 MOVED by Bremer, seconded by Strawbridge, that Register of Claims No. 41 for the month of November be accepted; motion unanimously passed AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None AffiE~: COUNCILMEN: None MONTHLY CASH FLOW STATEMENT There being no objection, the Chair directed Monthly Cash Flow state- ment for November, 1967 be accepted. DEPARTMENT OF URBAN DEVELOPMENT There being no objection, the Chair directed the report of the Depart- ment of Urban Development for November, 1967 be accepted. X. QUESTIONS Mosquito Abatement District The Chair suggested that Mr. Elmo DeMartini be appointed to an additional term to the Mosquito Abatement District, on which he has served for two years. MOVED by Drohan, seconded by Bremer, that the Mayor's appointment of Mr. Elmo DeMartini to the Mosquito Abatement District be confirmed; unanimously passed: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Hoffmire, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Procedure Fanning stated that the Sign Ordinance, as well as the Zoning Ordinance, might have moved along more smoothly had drafts of these ordinances first been scrutinized by the City Attorney before being referred to the Council and he suggested that procedure be established whereby the Planning Com- mission would have the benefit of the City Attorney's services while pre- paring an ordinance and before it is passed on by that body. The Deputy City Attorney stated he had discussed this matter with the Commission's Chairman and this procedure would be followed. Corporation Yard Drohan announced a meeting had been arranged for December 13, 1967 with the Tiburon Peninsula Club to discuss use of some of their property for a cor- ~oration yard site. Downtown Development Drohan noted that as a result of numerous meetings, the Planning Commissio~ minutes now indicated an agreement had been reached between the Railroad ~nd the Demaurex group to put these two pieces of property together for ~ev~lopment by a third party, and he felt this should be recognized as a sLgnificant step in the development of the downtown area. Minutes #131-City Council -8- 11 December 1967 Diverting Waters into Clear Lake Strawbridge noted receipt of letter from the City of Lakeport requesting the City's support of their objection expressed to the Corps of Engineers concerning diverting waters into Clear Lake. No action was taken by the Council. Statement of POlicy regarding Downtown Waterfront Strawbridge stated he felt it would be helpfUl to developers and the City to clearly affirm its policy concerning keeping the downtown waterfront open, and this could be done by a statement of policy or through a map. Fanning stated it was difficult to accomplish this by map because of the multiplicity of ownerships; the balance of the Council agreed such policy has been well established and is known by present owners. Resignation of Councilman Strawbridge announced with regret his resignation from the City Council, to take effect at adjournment of the January 8, 1968 meeting. He stated that since he would leave for a 2-month ocean cruise on January 13, 1968, he felt it would be less of a handica4 to the Council if a replacement were appointed to servie his remaining -month term. The Chair expressed his regret over StraWbridge's considered decision and ~tated that the Council had been so notified several months ago and in Executive Session had discussed a replacement, naming Mr. Rampton W. Harvey to fill this unexpired term. Planning Commission, December 4, 1967 Miss Anne Ellinwood was recognized stating the resolution of intent to rezone the McNaught property indicated Rettig present and voting, whereas the minutes indicate the Chairman was not present for this vote. She brought this to the Council's attention in view of the legal requirements for notice of such public hearing. Resignation of Councilman Strawbridge Miss Ellinwood was recognized, referring to her letter to the Council of December 9, 1967 concerning Strawbridge's resignation and her feeling the Council seat should have been left unfilled until normal election procedures were taken in April. The Chair stated the agreement to name Mr. Harvey to this unexpired term had already been reached prior to receipt of her letter Drohan stated his decision would not have been altered, had the letter been before him prior to such action. Fanning agreed, stating he did not / ~eel the electoral process was interferred with by this procedure, as suggested by her letter. Mr. Rampton vJ. Harvey was recognized, expressing his pleasure at being nominated to fill a position to ably handled by Strawbridge. Meeting Cancelled The Chair announced that because of the Holidays, the regular meeting of December 26, 1967 would be cancelled; the next meeting is January 8, 1968. XI. EXECUTIVE SESSION At 10:55 P.M. the Chair declared the meeting recessed to Executive Session to discuss an appointment to the Planning Commission to replace Mr. Harvey XII. ADJOURNMENT The Chair declared the meeting adjourned at 11:15 P.M Ci Approved by the City Council on: , 1968 MAvnH n~ ~HR r.T~V n~ TT~TmnN