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Home My WebLink AboutTC Min 1972 (January thru April) COUNCIL-PlANNING COMMISSION MINUTES 11263 January Page I 5 1972 CITY Council comments prior to summary included suggestions by Fanning of an additional Heliport facility, a new access to West Marin, and the need for the County to enforce their own plan. Ellinwood and Becker described their involve- ment with the Plan and reasons for endorsement of the adoption by cePe. Sennett The overall recognition for open-space acquisition on all levels was discussed with the suggestion by Commissioner wayne that priorities for State and Federal funds be assigned to tbe urbanized areas in view of land costs and other~burdens occasioned by limiting growth in the western and central rural and conservation areas. Kuhn questioned the effect of limiting the use of land,drelative densities, change in tax structure, and the proportionate increase in land costs. Von Gundell responded on the possibilities of the limiting of uses being recognized in evaluating land prices. The costs to the community when land develops also was described. lbe need for uniform quality or common development standards was brought up as was mutual recognition of cities for preserving common open space areas. Allen Thompson spoke on land values and housing needs including compen- sation for low and moderate housing. Gordon Strawbridge stated his concern with the scale of the Plan Hap and lack of detail, stressing the need for consistency within adopted plans. the Discussion by Commissioners and those present in following comments and concerns the audience followed with the Specific discussion followed on the relationship of the Tiburon General Plan to the County-Wide Plan including existing County Plans for unincorporated areas. the realities presented by AD 1301 which would dictate changes to existing general plans and zoning was discussed in view of the County-Wide Plan Proposals. It was also emphasized that the County could adopt the Plan only as it affects unincorporated areas and that the cities must adopt it as well. Von Gundel1 stated that the most controversial and perhaps important change to the Plan is the recommendation of a Review Agency that decide on issues of county-wide im- portance where there is apparent conflict with the Plan. As this affects the cities and would be a key to the Plan's implementation, it must be carefull, decided. ~yor Rice introduced Werner Von Gundell, County of Marin Planning Director. who described the history and content of the proposed Countywide General Plan. Cited were the ABAG Regional Plan and its city-centered concept and the compo- site of the General Plans adopted within the County. Populations projected and planned exceed considerably that which is likely or desirable. The County-Wide Plan initiated by the City-Copnty Planning Council (CePe) contains among its features corridors corresponding to functions and geographic realities including urbanization of the eastern corridor which contains the cities of the county. The necessity of the Plan being gene~l in scale was explained which allowed for more precise planning within the spheres of the cities although the overall plan must be adhered to if it is to succeed. III. Richard G. Arjo Andrew E. Hahto DISCUSSION OF COUNTYmDE GENERAL PIAN Director of Community Development Planning Assistant EX OFFICIO ABSENT COMMISSIONERS COUNCILMEN: Mayor Rice t Becker. Ellinwood, Fanning J Se.nJ\ett COMMISSIONERS: Bassett, Kuhn, Parnell, 'lbompson. Wayne Banks, Macgowan PRESBNT I the joint meeting of the City Council and Planning Commission, City of Ttb~~ont State of California, was called to order by Mayor Denis T. Rice at 7:4' p.m. January S, 1972 in the City Hall Council Chambers ROLL ('ALL I. CITY CALL CITY OF TIBURON COUNCIL-PLANNING COMMISSION TO ORDER questioned the proper role of the governmental agencies in enforcing the Plan's implementation. Becker stated that a position beyond those of the Plan might be needed. Mayor Rice began summary of the evening I s discussion by stating his dissatisfaction with specific term of ''Eastern Urbanized Corridor" stating its undesirable connotations and frequent misinterpretations. This was recog- nized by Von Gundell and others as an invitation to higher deDsities and accelerated development. It was agreed that a statement contai~ing the ideas discussed would be prepared as the basis for adoption by the Cou~~il prior to the January 13, 1972 CCPe meeting. The basic ideas put forth were as follows: 1. That the overall concept of the County-Wide Plan be endorsed with the pro- posed changes but that certain reservations and changes be included such as: 2. That the labelling and terminology describing the '~stern Urbanized Corridor be changed. 3. that acquisition of open space be recognized as the highest priority with full utilization of outside financial assistance. Methods of acquisition must be developed and applied. 4. That a full commi~ent on the Plan is needed by the County including utili- zation of techneques described in the plan text including implementation adopted by ordinance by the Board of Supervisors. 5. That an implementation method such as a Review Agency be considered with necessary criteria developed as to representation and powers. 6. that the Plan be quantified as a means to controlling growth and allowing continuation of local planning powers. The meeting closed with recognition of the cities ultimate responsibility in the areas of urbanization and the County responsibility for rural lands. the County- Wide Plan is an opportunity for full cooperation between governments and reali- zation of common goals. ADJOURNMENT It now being the hour of 10:30 P.M., and there being no further business to come before the Council) the Chair declared the meeting adjourned. aA//i1L~ BERT BALMER, Ci ty Clerk/Manager APPROVED BY THE CITY COUNCIL ON: January 10th &972. r-'~ '~ 2- DENIS T. RICE, r THE CITY OF TIBURON CITY COUNCIL-PLANNING COMMISSION January 5, 1972 MINUTES li263 Page 2 CITY COUnCIL CITY OF 'i'IBURON I. Ci\LL TO ORDER ~he regular meeting of the City Council, City of Tiburon, Sta~e of California, was called to order by Hayor Denis T. :1ice at 1:30 p.m., January 10, 1972, in the City Hall Council Chambers. II. :tOLL CALL PImSEi~'.r : coUaCILUI::i'l : aayor Rice, Beclter, Ellinl'lood, Fanning, Sennett ABSENT: COUJ.\fCILlilll~ : i'lone Ei{ OFFICIO: Bert Balmer, City Hanager Hobert L. I,leinert, Ass't City r!anflver Robert I. Conn, City Attorney Jasper C. Strandqaard, Deputy City Engin'fr ~icard Arjo, Dir. of Corom. DevelopmQ.t Louis V. Brunini, Supt. of Public ~orks iIellen 1'. Hecht, ~ :inute Clerk III. APPROVAL OF I1INUTES 1~OS . 262 and 263 Action: l\pproved On motion of Becker, seconded by Fanning, the Chair declared with unanimous approval iIinutes i.~o. 262 of December 27, 1971, approved as submitted. On motion of Fanning, the Chair declared \>li th unanimous approval Hinut.es ..~o. 263 of Janu,-_J...Y 5, 1972, approved. IV. BUS Ii-tESS OF THE COUilCIL ...- ''- 2. PaoPESSIOt~AL OFFICES I~ Action: Ord. 81 N.B. adopted R-2, R-3 (SECTIO~J 23 (A) An ordinance entitled 1\H ORDINANCE OF TUE CITY OF TIDUllOi-l AilENDlloIG SECTI01~ 23 OF ORDli~ANCE NO. 9 ~1.S., THE ZONING ORDINAHCE, BY DELETliJG PARAGfu1.PH (A) THEREFnOIl, came on .for second reading and adGption. On motion of Fanning; seconded by Becker, and tllere being no objec- tion, ~le Chair declared the reading of the full ordinance waived and ~e ordinance be read by title only. 'ih. udinance baving been so read, it "las moved i>y Becker, !Seconded by Panning I that Ordinance iJo. 81 i~. S. be deemed to have passed second reading and be adopted. Uotion carried: AYES: COU1'lCIL~1Dii : Becker, Ellin~'lood, Fanning, Rice, Sennett &,'IOES : COU~~CILi ma : Hone ABS&~T : COUNCILImN: None 3. COltS Il)ERATIOi~ OF 1\llENlJI.illiJ'l' OF Action: Ord., as amended, ZO.~IJ."G ORDINkJCE REGULATIONS passed 1st reading REGA..1lDI,.JG HEIGHT OF BUILDli~GS An ordinance entitled l\i~ ORDINAdCE OF THE CITY OF '.L'IBURON AHENDIUG OlUJliU\NCE ita. 9 d. S . (THE ZOHI~~G OPJ>Iil1\ilCE) BY REVISING HEIGHT REGULATIOi~S, havinq been continueu from December 27, 1971, came on at this time for first reading_ January 10, 1972 CITY COUHCIL ilINUTES ::~264 Page 1 CITY COUilCIL l-1INUTES {;264 January 10 Page 2 , Th~ uirecto~of COmm~itf D~veldpment ,presen~ed the app~i~ationf~ da$t.ef ana Precis. Plan approval fot' Golden Vie,", lIeights Subdj.vis!on 1972 PREC1SE PLAl~ VIE~l HElGiITS Action: SU:aDIVISIOH 4. ~u"\STER &"U FOri GOLl.>EH Adop.ted Res 413 'l'he i\YES : i...OES ~ ABSEHrl' : Hayor presented a plaque to COUi~C!LI.IEi-l : COU.llCILl1E.:{ : COUdCILHEH: Becker i~one L~ one llr Foreaker from the City of Tiburon E11inuood .i.-lotion of Fanning, seconded by expressing appreciation to Ray devoted services, carried: , Beaker, to adopt ~esbiution 412 .~ 1. Foreaker, Jr., for outstanding Fanning , nice, Sennett !tECO G,:.J 1'1' I Oi.l FO~u ill!l CITY OF SEHVICES OF ENGli-lEEH RAY': 1 l\~tion: FOREAKER, JR . 1. Res ~he Chair directed staff that when the ordinance comes on for second rea6ing, staff furnish a report on the proposal by Ellinwood to consider an iMproved general grading ordinance. 412 adopted AYES: lJOES ;. iiBSBr:J'll COUi-lCILlIEa COUilCILI1Ell COU1~CILllEi~ Becker Hone iIone OUestion was be deemed to Ellint"ood, called on the motion of Fanning that the ordinance have passed first reading, and the motion carried: Fanning , :~ice , Sennett l\YES: ~lOES : iWSEiJT COUl-JCILl-illil : COUl~CILi.1Ei;J : COlhlCILllEU :: Becker, Fanning ~lone Question was called on and tile motion carried: EllinwoOd Rice , Sennett the motion of Sennett to amend 1~IO a question Ly Fanning, the City Attorney t"esponcl$d ~f both o~dinanees address themselves to the same point, the more restrictive ordinance would apply, and therefore the interim emer- gency ordinance would apply unti\ its expiration in eleven months. the ordinance, dotion of Fanning Planning Comnlissioner Charles Dassett presented a sketch shOWing the all~led heights under the proposed ordinance for a building using natural grade, ~.li th excavation and "Ti th grading. lIe com- pared the proposed ordinance with the emergency interim ordinanc" ,.,hich is much more restricti va. to table tile matter died for lack of 0 t8QPnO. Fanning objected to the amendment and urged tile measurement go from the lO\lest point of the graded surface to the higilest point on the structure. ~he Director concurred N'i th Sennett' s proposal to refer to :t average '4 finished grade. It was moved by Sennett, 6-34 of the ordinance by \'lords u finisiled surface" seconded by Bllinwood, to amepu Section inserting the t-1ord UaverageU before the in line 3 and line 6. 2 . i ~11. ordi~Vlq~e having been so read, it ~'las moved by Fanning, seconded by Becker, tilat the ordinance be deemed to have passed first reading. On motio~ .f.Fanntnq, sef?O~cle~.by 13~oker; a~,t:he~~,l?e~nci ~ " 00.' j eQ.. . t.... ion!. \in.. fa C~,i~. '. d....E7cla~ed. . th~ ~ell~H..n~ of.. dte fUll ordLtt...cCII walveu ~u 'h~ ordintrtce be r.ad by t1tle ortly. . .. CITY COUNCIL IIINUTES ,f~ 1, 264 January 10 Page 3 , 1972 The Director of Community Development presented the application for PD Precise Plan approval for property on Ilarinero Circle. He presented sketches of the buildings, landscape plan, grading plan and building elevations. Hr. D. II. G. Coleman, architect, spoke to the plan. PD p~ ~CISE PLAJ.'1 - HOFF:. iIi:~E APililTHELJTS Res. 414 adopted 5. Action A recess was taken at 9:05 p.m. 9:15 p.m., the roll standing as , the council reconvening at originally t~~en. as amended , , AYES dOES: ABSEi"T COUNCILi IEN COUHCILllEN COUNCILliEN UECESS Becker, Hone None Question was called amende6, carried: E Ilint100d , Fanning :~ice , Sennett , Hith the approval of Becker, Sennett amended the motion to include the following in Condition 1, line 2, fl. . .indicating develop- ment and maintenance of private recreation areas.lr and the motion to adopt Resolution 413, as To a question by Ellin\100d, drs. Bridge stated the proposed plan has approximately the same open space area as the plan approved previously and allowed to elapse. . 1\pproval by the City Attorney and the City Engineer that the applicant has satisfied all requirements and obligations pertaining to the bulkhead across Linda Vista Avenue from the property." 15 It 't'las moved by Sennett, seconded by Becker, to approve 413 adopting the L,laster and Precise Plan for Golden Viet-1 Subdivision, \-lith the addition of Condition 5 as follo\'1s Resolution Heights 'llhe City Attorney agreed '(,lith the Chair if the county took over the subdivision, it then became the responsibility of the lOvIer property o'V'ner, but stated he llould have to revieu the records to determine if there t'IJere any conditions in the county's approval of the subdivision. iIr. dilt ilcDonogh stated he O\'-I11S property above Linda Vista opposite the proposed development. He stated in 1961 the County allol'.1ed the developer of Golden Vie~1 Heights to put in a road, ,,,hich necessitated cutting a\'1ay part of the bank on his property and the installation of a redHood bulkhead. The City Engineers have nOll reconunended replacing the l2S-foo't bulkhead at a considerable expense to him. In his opinion the property develop- ers on the do,...,n slope are responsible for the retaining of the bulk- head, and he urged council not approve the plans until the matter is resolved. ars. Cirnoli, an adjacent property o\'-lner, complimented the architect and the developers for consulting uith the neighbors and \lorking out a plan satisfactory to the adjacent property OHners. nr. Hanson, architect, spoke to the project. He presented dra\1ings depicting the appearance of the proj ect, a site plan .(.'~ and landscaping. He stated at average grade the height is less than 29 feet, and there vlill be grading only at the rear for the carports. CITY couaCIL Hr. David Hansen, area manager for Clearview Cable TV, Sys'terns, introduced Hr.' Hobert Pace of Cable TV of Zlarin and lIr. John 11. Goddard of Viacom International, Inc. Ilr.. HanSOn stated Cable 'rV and Clearvi~1 wi1l be maintained as separate companies but will operate out of the same office. :INUTES . > "oT 264 January 10 Page 4 , 1.9 72 :tt was meved by Sennett, seoonded by Fanning', oonsenting to the transfer of stook. to adopt Tbe Ci.ty ilanaqer pre'senteCi a request of the shareholders of Cable ~v ef darin, I.ne. I th'a.t the Tiburon City Couneil consent to the cor- pOrate s.t.ock acquisition of theIr firm by Viaoom International, lne Resolution 415 STOCK TRi\J.ISFER BY THE SHAREHOLDERS OF CABLE TV OF I 'lARIi~, INC., TO VIACOIl I~TElli~A~IO~AL, INC. t~ f 7. Action Ilotion of Fanning, seconded by Becker, t.o approve the recommendation of dayor nice to reappoint iir.. Elmo Dellart!ni to the ~ iosqui to Abatement District, to succeed himself, to a tt.;o-year term to expire Decem~er 31, 1973, carried: ^11 Ayes Adopted TIes 415, as amended APPO:t~:JTi,lENT ~O i iOSQUITO l\DATEi lEU'll D ISTRIC'I' Approved Hayor reconunendation 6 AYES: ilOES : ABSEN'f COUHCILilEN Com~c ILHEi'J COUdCILl-lEli Action BeCker, Fanning, Ellin\10od Hone 's Question "las oalled on the motion of as amended, arid the motion carried: lice, Sennett Hice Hotion of E1lint'lood to table the matter spacf!s and their location died for lack to adopt neso1ution 414 pending revie\', of a sedond. , of the parJt~4'\~ Fanning suggested the open area not be referred to as a green belt area as it will be used for parking, swimming pools, etc. The City Attorney advined matter before tile council if the resolution is approved, uill be the landscape plan. the only It was moved by Rice, seconded by Sennett, to adopt Resolution 414 \"ith the ac.1ditional condition that no site l..,ork of any nature \"hat- soever shall take place unless and wltil the City Council shall have revi~/ed and approved the overall landscape plan and appropriate nlethods of maintenance. AYBS: .JOES ~ lillSi.:i.IT COUL1CILllEH: COUJ.~CILiill~-l : COUi-JCILI:EN: Becker, Hone i~one Ellin,,,ood , Fanning, nice , Sennett Question dr. John Hoffmire and indicated his to lan<1scaping. ,,,as called I urged the council approve the plan this evening, \",illingness to cooperate \-lith the city in regard and the motion of Becker carried It was moved by Becker, seconded by Sennett, to retain Brcr1n and Heldt to review the plans, and make possible recommendations to the city on tile landscaping plan with respect to the public vi~1. ilr. Al parking Ararnburu questioned tile landscaping and the fact that the 35 spaces occupied the land previously designated as open space . In response to a question by Senne~t,.the Direct.or stated the seven con<litions set forth i1i the ofdtnance adop~ing the d..,ter Plan had Leen satisfactorily net or were includad '1ithin the Precise Plan conditions. The Chair questioned the performance of the Cable TV companies in hooking up new customers, and \-lhether they ,..,ere meeting their cornmi t- menta under the franchise agreement in furnishing the number of channels promised. Ilr. Pace responded Cable TV of Ilarin is in front of 104 homes and serves 80 customers. ~hey have 12 channels on and share an additional three, plus a \'leather channel that gives the local weather \'1hich is available for public service advertising. .lIr. Hansen stated there are FCC rulings governing the stations that can be brought into Harin County. ~be Chair requested staff periodically obtain reports from the cable TV companies as to what channels tiley're operating and what they are planning to do to fill up the spectru~ of channeln available. It was moved by Sennett, seconded by Becker, to amend the resolution by substituting the follolling for Finding 1; "1. 'lll1e City Council of the City of Tiburon does hereby find that Viacom International, Inc., has sho'1n sufficient evidence of financial responsibility." Hotion carried ; AYES: COUaCILi IEi~ : Becker, Ellinwood, Fanning, nice, Sennett i'JOES : COUt.JCILlIEi~ : None ABSElJT: COUi-lCILi lEiJ : None Question '-las called on the motion of Sennett to adopt Resolution 415, as amended, and the motion c?':ricd: AYES: COUiJCILilEIJ: Becker, Ellint'1ood, Fanning, Rice, Sennett aOES : COlJ1-JCILi:El1 : None ABSCH'l' : COUi-JCIL1IEiJ: Hone 8. m;COr:i.1Ei.JDATIOHS OF THE CITY Action: Continued to next meeting lUll~AGER OF POSITIONS, CLASSIFI- --- CATIO~S &~D SALARY ADJUSTliENTS - Resolution The City 11anager presented recom~Andationq for salary adjustments and outlined the proposr:d 1:':~-1 positions to l?e created. Ellin~lood suggested vot.:i.ng on the ordinance amending the personnel system of the city and providing for the establishment of personnel rules and regulations by resolution, but that voting on the resolution amending the 1971-72 schedl1.1e of position~; and salaries of the !laster Salary Plan be continued to the next meeting. The Chair directed the matter continued to the next meeting, '>lith the understanding that members of the council \'1ill consult to'lith the City !.lanager for information they may desire. 9 UEVISED Pl;;HSONNEL ORDINA::-JCE - Action: RULES & REGULATIO~S - nesolution - - and Ordinance An ordinance entitled AN ORDINfu-ICE OF THE CITY COlliJCIL OF THE CITY OF 'llIBURON AI'lENDING THE PEHS01~NEL SYSTE:l OF THE CITY AND PROVI LING FOR THE ESTABLISHI~NT OF PE~SON~EL RULES & REGULATIONS BY ~ESOLUTION came on for first reading. On motion of Ellim>lood, seconded by Sennett, the Chair directed read- ing of the full ordinance waived, and it be read by title only. "jlith unanimous consent, the Chair ?mended the ordinance in Section 1, to read, "Chapter 3 of the Tiburon City Code is hereby amended to read, in full, as follo\tlS: a January 10, 1972 CITY COUNCIL llIHUTES ~f264 Page 5 CiTY COUNCIL Hli;JUTES .'1 1/' 264 January Page 6 10 '~lhe ~hair directed staff prePi:lre a letter. over. the Hayor' s signat~re be sent to the Ci~y-CC),*hty Planning Council. outlining the above... points ahd enclosing a copy of I1inutes lJo. 263 of Jantiary 5, 1972 , 1972 That vis-a-vis interpretation of the plan areas of continuing local planning, powers should be more specifically delineated and set forth in tile text. :6 That the growth be scheduled, controlled against specific numerical projections. '5. and matched That consideration be given to the formation of an overall review agency which might exercise veto authority over development anywhere in the County which \~ould be con- trary to the General Plan. · 4. The full commitment on implementing the p~an is needed by the County whicil would include utilization of the techniques described in the Plan text of 'Can the Las~ Place Last, t together ,,/i th adoption by ordinance of t.he implementation procedures necessary by all appropriate jurisdictions to effectuate the plan. '] . That acquisition of open Space \'1ithin the primary qr~.,th area be recognized as bein9.hiqhest priority and that there be full utilization of all financial resources in obtaining the designated open space. 12 That the terminology used to describe the primary ~r~~th area in Eastern 1.1arin known as the 'Eastern Urbanized Corridor' be changed in order not to denote dense urbani- zation and typical urban design. , 1. It was ~le sense of the City Council of the City of Tiburon tluit the overall . concept of the preliminary County-~J.~de plan for :.larin be recommended for adoption by the City-County Planning Council as an interim ~.,orkin guide "lith c,erta~n reservations and changes to nclude:-- . - . Ellimfood corrected J '. . ~ , Council as follows: \ , ~ ' . , the agenda bill to ShO,"1 The Chair reported on the joint City Council-Planning Commiss~on meetin'g held January 5, 1971, at \'1hich the County-:'l;de G.ner~l 1t1~ was discussed in detail. the sense of the city C01~SIUERA'XIOil & RECOj',n iEHDATION Action;; OF AOOPTIOd BY ccpe OF PnELIIIINARY COU...I'l'Y -~ TIDE G&>lERAL PLAl.J AS 1\ aORKli~G GUIDE Letter to be written 10. 'rhe Chair di~ected the record reflect the general intent of ~he c:ouncil is. that there be t\1TO pay periods pet montn j on the 5th and 20th, as intended ny the City Hanager to be incorporated in the rules arid regulations. AYES: UOBS : ABSEI-lT : COU1'-JCILl mi~ : COUNCILllELJ : COUHCILImll : B~cl~er aone ~~one , It was moved by El~i~~oodi ~~~~Qq~d by Senn~tt, that the ordinance, nqV~pq Qeen ~ead by tit+~ pn!y, be deemed to have passed first ~~~Ci~~9 ~ as amended. iloti911 '. carried: Ellin''l~od , F~ll~ing , nice, SenI1-~t~ The spelling in II career. U Section 3~lf line 4, shoulu be correoted to , 11. RESOLUTION OF INTEaT TO ACQUIRE Action Res. 416, as amended THE HlLAl1ITA/REED SCHOOL 2.0 adopted l\CRE PARCEL FOR A PARI< SITE 'llhe Chair reported I Ir. Hallace Shepherd of the IIarin Housing Authori ty inquired whether the City of Tiburon is interested in acquiring the 2.0-acre parcel adjacent to the Hilarita Housing Development. If the City is interested, it should submit a resolution of intent, subject to the prior receipt of HUD funding. Hr. Shepherd stated HUD repre- sentatives have indicated to him their enthusiasm in this project. At tile suggestion of Sennett, the Chair amended the resolution to insert in the second ClResolvedl: paragraph, at the end of line 3, &land authorizes and directs the staff to obtain appraisals or other evidence of the value of the subject property." It was moved by Becker, seconded by Fanning, to adopt ~esolution 416, as amended. Fanning questioned paying $36,000 for property that could involve spending $50,000 for demolition work. Sennett maended the resolution to include the foll~.,ing in paragraph 4, line 4, 1/ . $36,000 . . after removal of all on-site improvements.1I Becker and Fanning accepted the amendment. Question was called on the motion to adopt Resolution 416, and tile motion carried: All Ayes. 12. SETTli'lG OF PUBLIC HEARIHG FOR REI10VAL OF ABANDONED VEHICLE The Chair set this matter for the next regular meeting. 13. SETTING OF PUBLIC HEARI~G FOR CONSIDERATION OF AIffiNDING ZONING ORDli-lANCE TO INCLUDE Cili.IPIilG Ai.~D OUTDOOR REGULATIOaS The Chair set this matter for the first meeting in February. 14. SETTING OF PUBLIC HEARING FOR BANK OF ~'~RICA LOCATED AT 1601 TIBUROH BOULEVARD The Chair set this matter for the first meeting in February. 15. CASH FLO'~'l ~lith unanimous consent, the Chair accepted the report. 16. REGISTER OF CLAII1S - NOVENBE I On motion of Becker, seconded by Fanning, Register of Claims Ho. 89 '-las adopted: AYES: COUilCILilEN: Becker, Ellinwood, Fanning, Rice, Sennett iJOES : COm\fCILr lEN : None ABSEi-lT : COUNCILi1EN: None 17. DEPARTLlENT OF COilllUNITY DEVELOpr~NT HONTHLY REPORT - NOV. & DEC. :"lith unanimous consent the Chair accepted the reports. V. QUESTIONS 1\ lointment to Special ccpe Task Force on Use of N!'lP Right-of-\'lay ~~s. Polly Smith was appointed to a special City-County Planning Council task force on the use of the abandoned Northwestern Pacific right-of-way running from Sausalito through 11i1l Valley, Corte Madera, and terminating in Larkspur. January 10, 1972 CITY C09NCIL HINUTES ~;264 Page 7 Resolution to Sanitary District ~o 5 re He", Hilarita Developmemt ~IDtion of Ellinwood, seconded by Beeker, to adopt Resolution 416 requesting that Sanitary District No. S give consideration to the possibility of crediting the Tiburon Ecumenical Association for the 80 hookups presently on the Hilarita site, carried: AYES: COUi~CILr.i!~N : Becker, Ellin\'1ood, nice, Sennett 4~OES : COUHCILI-iEH: Fanning ABSEN'l' : COUL\],CILJJEi~ : None The Chair directed the reDolution be fon-larded to the Sanitary District \'lith a letter of transmittnl over his signature. Construction of Sidewalk on Lyford Drive Ellinwood questioned the construction of a sidewalk on Lyford Drive and reported slle had correspondence indicating there ,,,,as to be a meeting held in the neighborhood to discuss this. She had also rec~i ved a strong letter of protest to the side"lalk from one resident~ The Superintendent of Public Horks reported money had beAn ~.llocated for this project in the current budget. Hembership in Association of Bay Area Governments Ellin"lood suggested councilmen consider the question of ~"lhether or not the City of Tiburon wants to belong to ABAG. Council Dates The Chair set Thursday, January 27, 1972, for a special meeting. The Chair changed the n.ext regularly scheduled meeting from January 24 to January 31, 1972. VI. EXECUTIVE SESSION At 12 :05 a.m., the Chair adjourned the meeting to Executive Session to discuss mr'.tters of putential condemnation. VII" ADJOURNI1ENT . - It being nO\l the hour of ,~:: 55 A. M., and there being no further business to come before the Council, the Chair declared the meeting adjourned to Thu~sday, January 27, 1972. ~172vL BERT BALlIER, Ci ty Clerk/r-Ianager APPROVED J3Y THE CITY COUNCIL OiJ: E 9-' 1972. - "'L--- i. ~y OF TIBURON January 10, 1972 CITY COUiJCIL I-1INUTES #264 Page 8 CITY COUHCIL Hli'JUTES #265 January 27, Page 1 1972 ltt. Al Aramburu questioned whether the land is appreciating in value more than money is going up, and questioned the possibilities of acquisition through HUD or the land bank. Itts. Katthe Thayer stated she was impressed with the staff report but questioned the major arterial system referred to in the report and referred to the petition against footpaths in the Uead0l1hill Subdivision area. The Chair stated discussion of Blackie's Pasture and Ilr. Shapero's proposal to make tile land available to the city should be discussed at the next meeting. Fanning disagreed with the philosophy in the report to increase the density to compensate for open space land. The Director responded his interpretation was tllat the raising of the densities was in effect the net result of not lowering the densities by applying the slope policies. Fanning agreed with Sennett the time is appropriate for negotiating with the major property OIfl1ers. He stated the county lands should be included in their program, the density factor ~~ould be considered as built into their plan, and the City should immediately look into the redevelopment agency. Ellinwood stated (1) tile city must think about county lands, and (2) the county-wide plan, due to be adopted in July, has as its first priority acquisition of open land in tile eastern corridor, which involves Tiburon. She asked questions of tile Director on the report and called attention to the 160 townhouses being planned for the area adjacent to old St. Hilary's. Sennett expressed his appreciation for tile report, and on behalf of the City Council thanked City llanager Balmer for the fine report. He noted Hr. Balmer lias absent due to illness. Becl~er reconmlended (1) a series of meetings to revi~1 criteria and strategies, (2) the council must become kn~lledgeable on the various programs for acquisition, and (3) tllere has to be a knowledgeable rezoning and redistribution of density patterns on the Peninsula. The Director of Conununity Development presented to the council the City ~1anager's report on the acquisition of open space lands for the City of Tiburon. 1. ACQUISITION OF OPEN SPACE LANDS ABSENT: EX OFFICIO: III. BUSINESS OF THE COm~CIL 11ayor Rice, Sennett None Robert L. I~leinert, Ass't City !1anager Richard Breiner, Deputy City Attorney Richard Arjo, Dir. of Comm. Development Jasper C. Strandgaard, Deputy City Attorney Hellen K. Hecht, IUDute Clerk COUNCILllEU: PllESEUT: COUllCILHEN: Becker, Ellint100d, Fanning I II. An adjourned meeting of the City Council, City of Tiburon, State of California, ''las called to order by Hayor Denis T. lice at 7:47 p.m., January 27, 1972, in the City Hall Council Chambers. ROLL CALL I. CALL TO ORDER CITY COUi-lCIL CITY OF TI3UROl.J CITY COUNCIL 11INUTES ~~ 265 January Page 2 After discussion by seconded by Becker, the council, Rice tlln~ this Council \'li thdret'l indicate 27, his motion and moved, its interest in 1972 It was moved by I'.i.ce, seconded by Becker, that the council adopt in principle the concep.t of going to a bond issue at the earliest practicable point in calendar year 1972, a bond issue which would be for the purpose of raising money to buy open space, recreation and public land on pri.orities to be assigned by the council after it is in receipt of the l'lilliams and Hocine report. A recess was taken at 9~35 p.m., 9:45 p.m., the roll standing as the council reconvening at originally taken. RECESS Dr. and lirs George EIJ.:m3.n donated a check to the Land Acquisition Fund. AYES: NOES: ABSENT COU~JCILr.1El.~ : COUNCILllBN: COUNCILi.1EN: Bocke~ None iJ ~nl3 i.n the amount of $10.00 , EIJ.:i.n~'lood , Fanning , Rice, Sennett The motion,as am0nded, Hith the approval of SeDn~tt, Ellin.wood amended the motion to include the t'lo:!:d 11 creates II and to insert the word Udirectly" in the last paragraph of t.he reGolution. . c -J l:r j cd It was moved by S~nnett, seconded by Fanning, to adopt a Resolution of Intent of the Ci t,y ~o'.~.'I:1cil of the City of Tiburon to acquire ridge land properties, R0Soluticn 418. The Chair directed tho minutes reflect the the area to be initially explored, and the to the city 40Q-foot contour is areas lying adjacent AYES: HOES ~ ADSE"dT: COUi~CIJJI1ElJ : Com>JC~Lr!EN : COUIlCII.JUE1J: Bc~ckcr , i'1onc i'1\:'nc \. Ellin~'lood I Fanning , Rice, Sennett Question was call~d, Sennett accepted Ellin~..,ood I s amendment that the report" ra.ther than II accept the report. 2'l.n.d th e motion, a.s amended, carried the council Sennett moved, seconded by BecJ~8r I that the cQuncil accept the report and authorize the HGlyor thro1.lgh the ci tizens open space committee, "lit.h the aGsi~~t..J.nce of 5'~'.n.ff, to contact ot4iners of ridge land properties 't'lithin and abu.tting the city limits of Tiburon and to advise them of this council's policy for permanent open space and E.Jlicit their reaction to the various methods. " of acquisition Buggested in ~lis report, including the receipt of offers to option prop~rt:y or o'thert~ise negotiate the transfer of property to the City of Tiburon. 'receive ~~s. P~lly Smith asked direction for the Open Space Committee pre- viously appointed by the council and asked that they receive copies of reports in the future. She urged the city include the county lands, and objected to the fact that all open space areas seem to be at the one end of the Peninsula. are Bryan Chapman endorsed the city's contacting the lnndow~ers and negotiating with them. i: lr. Don ~'1alker indicated he \'las in favor ef open space but urged the councilmen and com.missioners to \-lalk the proposed path system. Nr. Hilliam 0 'Neill u'.'~'ged the c'Juncil take action to bring a bond issue before the cit'i.:~:ens and urged the council not stop at the city limits. CITY COUNCIL ! lIHUTES J~ II. 265 January Page 3 27 i~tion by Ellinwood, seconded by Sennett, to accept the offer of dedication of the lane and to take physical possession of tile , 1972 Ellinwood referred to the February 1970 City Council minutes regard- ing Raccoon Lane and acquisition procedures recommended at that time. Commissioner Arnold of the Parks and Recreation Commission stated the Commission had requested Council action previously concerning tile acquisition and/or maintenance of Esperanza Lane and the lane in l1oitoza and Upper Raccoon Lane. The Deputy City Attorney indicated that certain information was required regarding evidence of public use prior to the City's exercising dominion over the property. Commissioner Arnold advised that he would provide the City Attorney with this information. The Director of Community Development stated that the information regarding lanes and paths in the City is presently being incor- porated into the Open Space Element of the General Plan. The priorities and recommendations concerning these lanes and paths, as outlined by the Parks and Recreation Com.'Uission, t-lould soon be revie\'1ed by the Planning Commission. 3. LANES, The Chair requested that the Director of Community Development furnish the Council with a precise map of the proposed open space and that the City Attorney submit a draft of the interim urgency ordinance. .at the January 31st regular C~ty Council meeting. PATHS AND TRAILS Ellinwood expressed her concern of the proposed l~O-unit develop- ment to be located near St. Hilary's and to the rear of the Tiburon Peninsula Club, and would recommend that this property be included in the area covered by the urgency ordinance. The Director of Community Development discussed the concepts of an Interim Zoning Proposal for major open space lands, such as the ridge lands, and recommended the Interim Holding Zone be applied to the major properties as indicated in the Open Space Acquisition Report Hap. The Deputy City Attorney proposed that Council consider the adoption of an urgency ordinance which would put a hold or freeze on the subject properties effective immedi- ately and lasting for 90 days. 2. IHTERIIl Sennett requested the City State Redevelopment law be uary 31. HOLDING ZONE FOR RIDGE I~nager's report on the workings placed on the agenda for Honday, LANDS of the Jan- The Chair stated the question of the redevelopment agency is some- thing the council should pursue in the next month to find out whetller it is feasible, and the matter should be on the agenda for the first meeting in February. AYES: NOES; ABSENT COUNCIL;.lEH: COUl-lCILlIEi~ : COUNCILHEN: Becker, ilone None Ellinwood , Fanning, Rice, Sennett Hotion carried pursuing the feasibility of a bond issue to acquire open space and public lands in Tiburon and that it instructs staff to make recommendations as to outside financial and legal consultants and make recommendations as to expenditures of money, if neces- sary, in connection with the consultants, to bring its recommenda- tions back to the council by the first regular meeting in February. 20-foot strip of land parallel to the Pickett and 11oitoza properties located between Vistazo ~.lest and Upper Raccoon Lane; and, secondly, to authorize staff to correct the existing dangerous conditions, such as replacement of the storm drain cover. Hotion carried: All Ayes. ADJOURNIll:.:l:JT It nou being the hour of 11:10 p.m., and there being no further business to come before the Council, the Chair declared the meeting adjourned to llonday, January 31, 1972. a-~/I72L:<: ~ BERT Bl\LilER, City ClerJ'/rIanager 12PROVED BY THE CITY COUNCIL ON: February 14th , 1972. " ~. ~~ :ITY OF TIBURON January 27, 1972 CITY COUNCIL l1INUTES ~t 2 6 5 Page 4 CITY COUNCIL CITY OF 'I'IBUROa I. CALL TO ORDEH rl,lhe recular meeting of the City Council, City of Tiburon, State of califo:nia, uas called to order by Hayor uenis T. Rice at 7;35 p.m., January 31, 1972, in the City Hall Council Chambers. II. ROLL CALL p:mSEHT : CQUi'lCILi!EN: !lay or lice, Decker, Ellinwood, Fanning, Sennett ABS:C~IT ; COUlJCILI1K:J: None EX OFFICIO; Robert L. Kleinert, ..:\S5 It City I'1anager Richard Breiner, Deputy City Attorney Stanley Bala, City Engineer Phil V. Scott, Development Administrator Louis V. Brunini, Supt. of Public "~lorl~s Hellen 1\. Hecht, IIinute Clerk III. APPROVAL OF HIHU'l'ES 4.10. 264 Continued. IV. BUSIHESS OF THE COUNCIL 4. COWSIDERATION OF ADOPTION Action: Adopted Ord. 82 cl.S. OF Ul~GEHCY INTERIH ORDINANCE CONTROLLING PROPERTY DEVELOpr~~T t'1ITHIN OPEN SPACE STUDY ZONE An ordinance entitled AN OIIDINAl~CE OF THE CITY OF TIBURON PREVEi-n:- lUG DEVELOPHENT OR SUBDIVISION OF PROPERTY t'lITHli"l THE TIBURON R~DGE LA1~DS ~mICH llAY BE 11-1 CONFLICT I'7ITH CONTEI1PLATED ZONIHG AND PLANNING PROPOSALS, being an emergency interim ordinance, came on for adop- tion at this time. To a question by tile Chair, the Deputy Cit~ httorney responded tile property includes the area discussed at the previous meeting of the Council, Deing all the property presently undeveloped over 400 feet and contiguous property below 400 feet consisting of five acres or more. Fanning questioned \'1hether l10unt Tiburon properties should be included as the lots are subdivided and the undergrounding of utilities has been done. The Deputy City Attorney stated the ordinance could be adopted and subsequently amended any time within the gO-day period to delete certain parcels. The Chair advised all of the owners of tile affected parcels had been notified by staff of the proposed action this evening. Becker stated in the past he had rendered professional service on Parcel 24. It does not involve a conflict of interest, but he is abstaining from voting in this matter. 11r . Irving Houlin requested the Hount Tiburon properties be deleted from the ordinance in that the record map has been filed and recorded and the Department of Real Estate has approved the unit To questions by I-ir. Gray, the Chair responded the County does not set the criteria but Tiburon is required to have an open space element in their aaster Plan by June 1973; and if this ordinance January 31, 1972 CITY COm'lCIL EINUTES {;266 Page 1 CITY COUNCIL i lINUTES .fl jf 266 January Page 2 Ellinwood asked the record to reflect a portion Trestle Glen property at one time was zoned park liminary park plan was prepared. of Ilr land 31, Shapero's and a pre- 1972 The City Attorney pointed out the purpose of the ordinance is to prevent any development that might be inconsistent with the open space study plan to be adopted by the council. The ple~' mayor may not lead to the acquisition of property, but the property cannot be rezoned for the purpose of decreasing property values. ~~s. Polly Smith, ire ported the ordinance. and 5 on Trestle Glen Spencer Black and Hr. Rampton Harvey sup- Hr. Harvey suggested eliminating lots 3, Boulevard from the ordinance. 4 Hr. David Greenlee, member of the Harin Builders Exchange, stated the City should not ask the property O,"lners to stop building in that the high cost of acquiring the property will prevent the city from acquiring the land. I1essrs. Al ordinance. Aramburu and Robert 11r. Joseph Bacheller III spoke against the ordinance as being unnecessary in that the council could accomplish their goals Witilout imposing a freeze on building. He suggested rezoning the property to PD rather than OA. Hayne spoke in favor of the proposed !lr. Philip S. Ehrlich stated he supported public acquisition of open space, but urged tile council limit the number of renewals on tile ordinance, tilat zoning not be changed during this period, and he felt tlle five-year options were unrealistic. i<ir. Howard Ellman, representing !1r. La,.,rence Kay, O,^lner of the property behind the Tiburon Peninsula Club, stated they have been '-lorking ",ith the Director in preparing plans for this area since last September. They have paid their filing fees, and have just learned ..their parcel is included in the ~Jilliams and nocine plans for open space. He stated in his opinion they have not been treated fairly in this matter. iIr. ~n Ageno stated that development on tile ridge is more pleasant to look at than soma of the open hills, and questioned the urgency in taking the proposed action. 'rhe Chair responded he ''1ould be in favor of delaying final action on the ordinance for a fa'1 days Hr. Herman Ruth, Ci ty Regional Planning Consultant representing l.ir. Sam Shapero and himself, requested the council exclude 11r. Shapero' s 28-acre parcel on Trestle Glen in that it is not a contiguous part of the open space program and is separate from the ridge lands by existing development. l.~. Barry Smith, representing the Tiburon Hills Home ~.,ners Associa- tion, endorsed the ordinance and urged the council to request the County tal,e similar action on the ridge lands ,.,hich are not in the Tiburon city limits Attorney Joseph E. Sheeks, representing I'Ir. Eavy, urged the Council to delay taking action on the ordinance tilis evening. He stated in his opinion the value of the property is much higher than that set forth in the report. He urged the Council consider \.,hat effect this ,,,ould have on Tiburon' s previously expressed interest in pro- viding low and moderate income housing and questioned \1hether the action considered is consistent with the proposed County General Plan. is adopted, the next t""0 Council months \lill have a succession of special to develop such a plan meetings in .'1 1( 266 January 31, Page 3 CITY COUi'JCIL Becker presented to the council a memorandum dated January with his recommentiations regarding Paradise Drive walkway. r lII1UTES 1972 30, 1972, The City Engineer presented to the council the report on the Para- dise Drive t'lalk\-1ay ''lith a map shO\rling the proposed plan and recom- mendations for both long-range and immediate measures. Action: Adopted City Engineer report and authorizeu boundary survey. 's a PARl\DISE DRIVE llALKHAY A recess was taken at 9:17 p.m., the council reconvening at 9:30 p.m the roll standing as originally taken. , RECESS At the request of Fanning, the Chair directed staff to revie\'1 the parcels before the next meeting to determine whether any are already under construction or there has been some error made in drafting tlle n~p so they could be eliminated prior to the next meeting. The Chair invited members of the council to suggest any other items they would like to have on the February a agenda. Ayr;s: l~OES : ABSIJ.1AIN ABSE.t:JT: COUi'JCIL~ IEa : COUNCILI1ErJ : COUNCILUEN: COUNCILllEN: Ellin\-IOod None Becker None Rice, Sennett , Question was called on the motion to adopt Ordinance the motion carried: Fanning, , 82 The Chair set a special meeting for TueSday, February 8, 1972, at which time the council will prepare a schedule of no less than four additional meetings before the first part of April and will call additional meetings if necessary. N.S and To a question by cannot lO\ler the to deal ''lith the dr. Ehrlich, the Chair responded rezoning price of acquisition as the City will be compelled property on the zoning i t no\~ holds. 'rhe Chair read Hotion of nice to continue the matter until a at which time tile Chair would call the council died for lack of a second. the ordinance in its entirety '-leek from Tuesday, into special session, dr. Allan Littman supported the Chair's suggestion for a continu- ance and suggested during the 90-day period the council revim~ the foll~ling: (1) whether or not the city really needs 397 acres of open space; (2) the actual cost of this property; (3) the increase in taxes for the property O't-lners adjoining the open space, and for all the residents of Tiburoni (4) '-1hether or not Tiburon wants a decrease in residential lot size or an increase in the number of multiple-family residences; (5) ,~hat open space could involve,such as the possibility of a golf course. ~.; l t Fanning stated the purpose of the 90-day moratorium is to give people the opportunity to come in and get further information; the County plan does correspond to the city's master plan; future density on the Tiburon Peninsula must be decreased as there are no longer plans for a four-lane high~lay to be built. It was moved Ordinance 82 by Ellin\.,ood, i-J . S . seconded by Sennett, to adopt Emergency CITY COUNCIL ilINUTES '.I. ~( 266 January Page 4 AYES: i~OES ;; ABSENT COUNCILIiEN 20UHCILr.iEN COUi.-J CILI1EiJ Becker None None 31, 1972 , Ellin\'lood, Fanning, , as amended, Rice, Sennett carried: Question Ellinwood requested consideration be given to the installation of light fixtures with hoods on two poles to lighten the area around the double turn; staff explore the possibility of increasing the number of reflectors in the road\.,ay and reducing the speed limit inunedi- ately, instructing the police in this regard; in the area from the Windjammer to the Caprice crusher rock be used bet\'leen the edge of the pavement and the edge of the right-of-way for pedestrians, anti the installation of a hooded light near there vIas called , and the motion of Becker Becker stated in his opinion pedestrians must first be protected. Fanning suggested consideration be given to making liar East a two- way street for bicyclists as it is a much safer street than Para- dise Drive would be for cyclists. Hr. Jerry Coles, Lr. vlcber and Ur. Jeff Knight supported the pathl'lay for safety reasons. lIr. Hike HcColloff (sp?) stated in his opinion the idewalk does not solve the safety problem as there is no pro- vision for bicycles. Hr. David Teather presented a petition of 58 names of residents who support the pathi-'1ay. The Chair received the petition and attached it to the file in this ITll.tter. . Hr. Red Corning spoke against the need for a path. Dr. Frank Hinman urged adoption of the part of the motion calling for safety measures, but spoke against the proposed pathway and recommended consideration be given to paving the existing right-Of-way and moving the i'lhite b~~~iers. In narrow places he recommended elevat- ing tile ~V'alkt,]~.y bec.ause tlJ.e ~'Jldth "las only one to three feet at the maximum. lire Brian Chapman endorsed the Broiln/Heldt alignment as by the City Engineer. modified fro a question by Hr. Aramburu, the Assistant City I1anager stated the \"lalkuay project is an allOt.,able gas tax expenditure, and the city has budgeted $30,000 in gas tax funds this fiscal year. To a question by Hr. Jeff l~night, the Assistant City Ilanager stated the previous City Engineer did not do an actual boundary survey but only a minimum of preliminary survey t'lork. Becker amended the motion to include that a survey not to exceed $25QO for the first phase area of construction from Bar :lest to ~~r East be accomplished by the City Engineer. In response to questions by the council, the City Engineer furnished estimated costs for the survey as foll~1s: Part I, from !lain Street to liar Hest, $2200; part 2, rIar Hest to I1ar East, $2500 part 3, i~r East to Centro East, $3,000 At the request of Sennett, Plans" in place of "Easter the motion Plan. " 'Project was amended to insert It was moved by Becker, seconded by Fanning, (1) to adopt the Brown/Heldt Associates schematic plan, as amended by the City Engineer's report as a Ilaster Plan for Paradise Drive walkway; (2) that the council authorize the City Engineer to advise them of tile costs of a survey; (3) the safety aspects in the plan be immediately implemented in regard to speed limits and increasing the site distances by excavation. The Chair requested the City Engineer furnish recommendations as to the possibility of putting in lights. Becker urged Dr. Hinman or any otiler residents of the area to feel free to call upon him in this matter. 3. RICHARDSON BAY SANITARY Action: Letter to be written DISTHICT by staff The Assistant City Ilanager presented a report regarding the Richardson Bay Sanitary District. He stated fIr. de la Fontaine, president of the Richardson Bay San:i.tary District, was unable to attend the meeting. Nr. John BarrO\'ls, County Administrator, revie\'1ed the proposal of the consolidation of the sanitary districts. He indicated before the districts conld be dissolved, they must go before the Local Agency Formation Co~ni=3ion, the Board of Supervisors, and then to the voters of thei4 r€~pective areas. He stated the Board of Supervisors prefer the ~later District's being the controlling body in that there would be a better potential for reuse of water by the Hater District's being the supplier and the disposer. Also, larger, multiple-purpose agencies are preferable to smaller agencies. l'~. Barrows reported the proposal will go to LAFCO on Ilarch 8th. At that time he will recommend to them that the matter be sent to a reorganization committee \~lich will allow the Commission to form. Representatives from each of the sanitary districts involved ,..,i11 serve on the committee, which will be advisory to the commission. If the City of Tiburon is interested in assuming responsibility for collecting sewage in its area, their recommendation can be dir- ected to LAFCO or the ~'later District. To a question by Ellin\'lood, I1r. Barro\1s stated the Richardson Day Sanitary District will remain within the planning district even if they \-li thdra~l as the \'lork has been financed and taxes levied. It was moved by Ellinwood, seconded by Becker, that the Tiburon Ci ty Council go on :4',::ord as urcging the Richardson Bay Sanitary District remain in Improvem0n~ D~~trict A, at least through the study phase. Question was call~d, and the motion carried: AY~S; COtTNCILI.!I;N: Becker, Ellintl00d, Fanning, Rice, Sennett NOES: COUNCILl iEi"' . Pone ABSENT: COUl~CILI1EN: None The Chair directed staff to prepare the letter for the 11ayor's signature. 9. ADOPTION OF CURRENT EDITIONS Action: Cont'd to Feb. 14 OF TilE COHSTRUCTIOiJ CODES In response to the Chair's questioning, Fire Chief Frank Busher stated the Fire District approve,::, of the City's adopting the 1970 Building Code if the city can retain certain provisions it adopted at incorporation and can retain the four-hour fire ~'1all requirement. The Chair directed the matter continued to the next regular meet- ing on February 14 in order that the City Attorney may examine the question of the city adopting the 1970 edition of the Building Code, but retaining its more strict requirements. 7 EL H~'\RINEno LAi~DSCAPIUG Action: A~larded contract to Valley Crest Landscaping ~'he City Council received the report of the City Engineer on the bidding of the El ilarinero landscaping project. He stated the January 31, 1972 CITY COUNCIL I1INUTES ~f266 Page 5 CITY COUNCIL IIINUTES ~f266 January Page 5 31, 'l'lle City Council received the report of the City Engineer on the bidding of the El ilarinero landscaping project. He stated the 1972 Awarded contract to Valley Crest Landscaping 7 EL The Chair directed the matter continued to the next regular meet- ing on February 14 in order that the City Attorney may examine tlle question of the city adopting the 1970 edition of the Building Code, but retaining its more strict requirements. ~mRINEno L~~DSCAPING Action In response to the Chair's questioning, Fire Chief Frank Busher stated the Fire District apprO'T(?-- of the City's adopting the 1970 Building Code if the city can retain certain provisions it adopted at incorporation and can retain the four-hour fire t'lall requirement. ADOPTION OF CURRENT OF TilE COHSTRUCTIOj:J EDITIONS CODES 9 Action The Chair directed staff to prepare the letter for the signature. Cont'd to Feb 14 Hayor 's AYr:S,; NOES: ABSENT: COT iNCI Lr.rEN : COUNCILI iE"l . . COUHCILlmN: Becker, 'P 011 e None Ell motion carried Fr\nn ~ .!l't'lood I j "g , Rice, Sennett Question It was moved by EllimJood, seconded by Beeker, that the Tiburon Ci ty Council go 01: ~_. ~.:<cd a~ urC}Jing the Richardson Bay Sanitary District remain i".1 Ir.lprcvemC'nt: D.; ~f-.!."ict A, at least through the study phase. ~'lCl.S c~.ll~d a~r1 the To a question by Ellinwood, r~. BarrO\lS stated the Richardson Day Sanitary District will remain within the planning district even if they withdraw as the work has been financed and taxes levied. ~J. John Barrows, County Administrator, reviewed tile proposal of the consolidation of the sanitary districts. He indicated before the districts cOl1ld be dissolved, they must go before the Local Agency Formation Co:rulli::::;ion, tile Boerd of Supervisors, and then to the voters of thei:.: rc Jpecti7e a:~9as. He stated the Board of Supervisors prefer the ~later District's being the controlling body in that there wou~d be a better potential for reuse of water by the Hater District's being the supplier and the disposer. Also, larger, multiple-purpose agencies are preferable to smaller agencies Hr. Barrot'ls reported the proposal "lill go to LAFCO on Barch 8th. At that time he will recommend to them that the matter be sent to a reorganization committee which will allow the Commission to form. Representatives from each of the sanitary districts involved will serve on the committee, which will be advisory to the commission. If the City of Tiburon is interested in assuming responsibility for collecting sewage in its area, their recommendation can be dir- ected to LAFCO or the Hater District. The Assistant City Ilanager presented a report regarding the Richardson Bay Sanitary DistriCi:. He stated Hr. de la Fontaine, president of the Richardson Bay San..;.tary District, was unable to attend the meeting. RICHi\RDSON DISTHICT Letter to be by staff 3 BAY SANITARY The Chair requested the City Engineer furnish recommendations as to the possibility of putting in lights. Becker urged Dr. Hinman or any other residents of the area to feel free to call upon him in this matter. Action: \'1r it ten CITY COUNCIL IIINUTES t~266 January Page 6 31, 1972 An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON A1IENDING ORDINAl~CE NO. 9 N.S. (ZONING ORDINfu~CE) BY REVISING oEIGHT REGULA- TIONS came on for second reading and adoption. CONSIDERATION OF HEIGHT REGULATION AI.lENDNENT Remanded to Planning Commission 1. Action At the request of the Chair, Fanning t'lithdret'l his motion, \"lith the consent of Becker, and the Chair directed this matter continued to tile next meeting, to be taken up as the first item of business. He requested Ellinwood submit in writing her recommendations in regard to the City aanager, and that any other suggestions council may have be submitted in writing and circularized to the council prior to the next meeting Fanning questioned the fact that an Assistant Finance Officer t~as sho\~ but no pORiti0n for a Finance Officer. The Assistant City i1anager explained his duties would continue to include his being the Finance Officer, as well as Personnel Officer, both of which are not shown in his primary classification. Ellint400d questioned the inequity in the Public Horks Department in that lIr. Coleman, even though promoted to a ne'\"l classification, would receive no additional compensation other than \~lat his usual step increase in February would have provided. It was moved by Fanning, seconded by Becker, to adopt Resolution amending the 1971-;2 SC'.12dule of Positions and Salaries of the l~ster Salary Plan. - Sennett asked for a continuance of this matter in the the Ci ty 11anager. 420 , absence of RECOI-lHENDATIOHS BY THE CITY 111\i~AGER OF POSITIONS, CLASSIFICATIOHS A1'lD SALARY ADJUSTi-IENTS 5. Action Continued to Feb 14 Continued 6 REVISED PEl1S0NNEL ORDINAdCE AYES. iIOES : ABSENT COUNCILI lEN COUNCILi iEN COUL~CILI IEN Becker, Hone None RULES AND REGULATIONS E11in\'lood, It was moved by Sennett, seconded by Fanning, to adopt Resolution ~o. 419, Awarding Contract by the EI Marinero Assessment District ~o. 1967-1, City of Tiburon, Ilarin County, California, to Valley Crest Landscaping, Inc.; and that the letter of January 27, 1972, from Valley Crest Landscaping, Inc., be appended to the resolution, showing the work to be done for the contract price of $15,475. IIDtion carried: Fanning, Rice, Sennett The Assistant City Uanager presented a letter of agreement from ilr. Kurt Heath, as auth0rized representative of the O\'lners of the top three lots, in \'lhich th~y agree to do planting in their area concurrent with the landscdping in the EI llarinero Assessment District. . . ~.. amounts of the contractors' bids can be adjusted by adjusting the unit prices and deleting from .the contract a certain amount of land- scaping on Phyllis Court and deleting some of the plants on the back of Sugar Loaf r:r~"i~ (V" q-;\ T ~ I I I T '~IN UTES ii 266 January Page 7 31, 1972 Ilr. Rufus Thayer, representing the El Ilarinero Home O"lners Associa- tion, stated they enthusiastically endorse the sidffi1alk proposal and urged immediate installation of the side\'I7alk be undertaken. He objected to the time delay in referring this matter to the Parks and Recreation Commission. Commissioner Don Loomis indicated the Parks and Recreation Commission has continually expressed an interest in the overall landscaping of the area and urged they be given the opportunity to review the plans. Hhat, if any, recommendations does the Parks and Recreation Commission make at its meeting on February 10. (3) Are any such alternative proposals and/or the possibility of just retaining tlle three hydrants in place acceptable from the standpoint of side~lalk planning to the City Engineer (2) Does the Fire District have any alternative other than relocation of the three hydrants ; (1) The Chair directed this matter sent to the Parks and Fecreation Commission, and that staff make recommendations to the following questions prior to the next meeting on February 14 proposal Fire Chief Frank Busher indicated the concern of the Board of Dir- ectors in that if the side\1alk on Lyford Drive is installed as pro- posed by the City Engineer, it w~ll cost the District $1800 to move the fire hydrants and no monay has been budgeted for this expense. LYFORD SIDEUALK-APPROVAL OF PL&~S M~D INVITING PROPOSALS 10 AYES: NOES : ABSENT COUNCILrmN: COUNCILlIEN: COUNCILI1EN: Becker None None Action Cont'd to Feb 14 Ellin"'lood 1 The Deputy City Attorney s''I7ore in the Development Administrator and questioned him in regard to the findings of fact and the recommendations in the staff report. The Development Administrator having' testified as to the correctness of the staff report, it was moved by Sennett, seconded by Ellin\'I7ood, that the City Council find that the vehicle in question is abandoned and that it constitutes a public nuisance and directs the staff to remove the said vehicle as provided by law. lotion carried: Fanning, Rice, Sennett HEHOVAL OF ABANDONED VEHICLE ABATEHENT OF PUBLIC NUISAJ.~CE Directed staff to abate public nuisance 2 Action this matter to the Planning Commission. The Chair directed The Deputy City Attorney advised the ordinance is not eligible for second reading in that the changes the council have made necessitate the ordinance going back to the Planning Commission The Chair questioned staff about the recommendations for the revised grading ordinance. The i\ssistant City Ilanager stated as the Director of Community Development '1as ill, they had no report in this regard at this time. was moved by Becker, seconded by Sennett, that Ordinance 83 deemed to have passed second reading and be adopted. It be On motion of Becker, ordinance was waived seconded by Sennett, reading of the full and the ordinance ~'I7as read by title only. N. s. CITY COUNCIL r.1INUTES #266 January Page 8 31, 1972 February , 1972 APPROVED BY THE CITY COm~CIL Oi~ a _ ra~~.-~<-- BERT BALImn, City C1er l1anager It being now the hour of 12:45 a.m., February 1, 1972, being no further business to come before the Council, declared the meeting adjourned to Tuesday, February 8, 8:00 p.m and there the Chair 1972, at VI ADJOURNllENT Continued DEPARTUEN'r The City Engineer reviewed the status of the recently signed agreement between the city anu the Division of Highways for the matdling fund budgeted bus stop installation. The City Engineer stated, hrn1ever, because it was an item of $8500 in the budget, he felt the City should see the proposed design by the Division of Higlniays. The Chair referred this matter to a committee composed of himself and Sennett, and they in turn would meet with the Parks and Recreation Commission. & the City Engineer concerning the matter and report back on February 14th. The Chair directed the City Engineer determine what options or alternatives the city may consider concerning the proposed bus stop. OF PUBLIC t"JORI{S REPORT STE:IART DRIVE/TIBUROH BOULEVARD BUS STOP 11. Action: The Chair remanded the matter to the Parks and Recreation Commission, to come back to council February 14. Remanded to committee Becker stated I.Irs. Barbara I1eislin has enthusiastically endorsed the City Engineer's proposal for this area. Ellint"lood noted Hr. Harlan Koch informed her there is no need for the sidewalk. CITY COUNCIL 11INUTES NO 267 February Page 1 8, Sennett suggested that through an Open Space Committee and the assistance of staff and council and any other interested citizens, determination should be made of what lands are available, either through purchase or dedication or a combination of both. Then with the assistance of Williams & Moci.ne and staff, council should 1972 Fanning concurred with Sennett on the necessity of down-zoning. lIe indicated the priorities should be (1) establishing a method of meetings which would provide for public debate; hOt'lever, ground rules should be laid to govern the public debate; (2) the council should consider a physical site inspection of all of the properties, parcel by parcel; (3) the council determine the most important areas, assess the la.nds involved, and the Open Space Committee should then begin contacting the property owners involved. He concurred with the activating of the Open Space Committee and encouraged the initial contQ~ting of all of the land~V:ners in determining an estimate of the value of the lands involved Sennett explained the rO~8oning and just.:i.ficati.on for the City Council's previous action. He not6d the city's present open space requirements of the General I"lC'.n e.n:J t.ha.t. :h3 felt the council should consider both acqu.is~.-f:ion and rezoning simultaneously. He suggested the urgency ordina~ce should po~sibly provide for prezoning of density and broadened to include other properties. Becker indicated each individual piece of land should be investi- gated and considered as a separa-i;e t";-::>rking elemE:nt. He suggested developing a priority of the parcels involved. The Chair outlined a possi.ble meeting schedule and procedures neces- sary to evaluate the various alternatives and establish priorities. He stated at this meeting items to be explored could possibly be (1) means of acquisition, (2) zoning, (3) lands involved, (4) plan- ning, and (5) utilization of special committees on open space acquisi- tion. The Chair reviewed past council action on the 90-day building mora- torium and indicated the purpose of the interim holding zone was to give the city time to determine whai: steps might be taken to acquire the ridge lands and/or to reduce density. The Chair also noted that associated with the moratorium is possible rezoning of the lands. ACQUISITION OF opm~ SPACE LANDS ABSENT: EX OFFICIO: III BUSINESS OF THE COUNCIL ~-1avor Rice, Becker, Fanning, Sennett None Bert Balmer, City Manager Robert L. Kleinert, Ass' t City :Hanager Richard Arjo, Dir. of Corom. Development Hellen K. Hecht, Minute Clerk COUNCI LI-1EN PRESENT COUNCIL1.1EN II ROLL CALL El lin\-1ood ( 8 : 15) , An adjourned meeting of the City Council, City of Tiburon, State of California, was called to order by Hayor Denis T. Rice at 8:07 p.m., February 8, 1972, in the City Hall Council Chambers I CALL TO ORDER CITY COUNCIL CITY OF TIBURON CORRECTED MINUTES CITY COUNCIL r-1INUTES NO. 267 February Page 2 8 Mr. Vernon Perry, financial consultant, reiterated the fact that the Redevelopment Agency would pertain to the downtown area. He agreed with Becker that the city should systematically figure out what it wants to buy, the cost, and the program of financing. He explained financing methods by the use of bonds and obtaining grants He stated he would recommend the general obligation bond as the means of financing the purchase of open land for the City of Tiburon He stated there are moneys for regional park systems but not for city park systems, and explained in order to qualify for these funds the city would have to enter into a joint powers agreement in order to become partners with the county, which could have certain disad- vantages in terms of losing control of the land. , 1972 Mr. Rampton Harvey, chairman of the Open Space Committee, stated his commdttee could be expanded to include the functions recom- mended by staff and council, and the committee would await direc- tion from council. The City Manager stated the Community Redevelopment Act applies to the recovery of blighted areas or areas not being utilized properly, such as the railroad lands. This Act would therefore not be the proper vehicle to acquire open space lands but council could use any surplus revenue derived from this to acquire such lands. The City Manager gave the staff's recommendation in terms of priority as follows: First, the council should consider the lands most closely related to the ridge line, which would be lands at the 400-foot contour and higher. These property owners should be contacted to determine their interest in selling the land, the price they would expect to receive, and their interest in the possibility of dedi- cation of some of the lands, which would give them the benefit of a tax writeoff. Staff would further determine the nature of these lands to determine the possibility of deleting some of the land from the map. The ridge lands would be the top priority, and other priorities would apply to lands that have natural scenic value, which could be smaller parcels on specific lots and also waterfront areas such as Blackie's Pasture. He would recommend a bond issue for financing, along with other means such as gifts, dedication and HUD. Staff and council would determine the amount of the bond issue, allowing four months from the time council passes its necessary resolution before going to the voters. Staff recommends the Mayor's Open Space Committee be assigned to identify lands to be acquired, contact the property owners, and aiso serve as the pro- motion committee to explain the necessity of approving the bonds. At this time he would recommend all the land remain in the holding zone until staff can furnish a detailed recommendation on lands that might be considered for rezoning. ." - - - lands be purchased for use, interconnecting all of the publicly controlled or owned lands. He urged the council deal with density as a real issue and admit density has to be distributed along a plan, which is related to the open space network. Ellinwood stated that the City Manager's report indicates that when open space is acquired the value of the properties will go up, which will deter the city's ability to preserve the nature of the conununi ty and w~ll cr~ate a comm':t:.~i ty o! o~e econ<:>I?ic She urged they consider the county-wide park plan i3nd the probable forma- ] tion of a county-wide park district since once the plan is adopted, its first priority i.s for acquisition of open space in the eastern corridor which includes areas in Tiburon. II \ select those portions they feel have the highest priority and are within the limits of their capacity to acquire financially, and a bond issue be presented to the people. With respect to rezoning, lle suggested staff determine which properties are legally available for rezoning and where rezoning would be most effective. CITY COUNCIL HINUTES NO 267 February Page 3 8 In answer to a question by the Chair, Mr. Perry suggested council authorize the hiring of a financial consultant immediately, which will involve a 60- to gO-day planning contract. After this study has been accomplished, the city will then need to hire a consulting service for issuing the bonds. , 1972 The Chair directed the chairman of the Open Space Committee, Mr. Harvey, commence the charge of contacting property owners and sug- gested including one member of the Parks and Recreation Commission on the committee. Fanning requested a meeting be held with Williams and Mocine. The Director of Community Development reported Williams and Mocine will be prepared to make a formal presentation to bring council up to date on the work that's being done by the end of the month Sennett suggested the council request the Open Space Committee to immediately contact the owners of the ridge land property within and abutting the city limits of Tiburon and advise them of this council's policy for permanent open space and solicit their reac- tion to the various methods of acquisition. He suggested some of the properties below the 400-foot contour also be included. Simultaneously with this, he requested the City Manager advise them at the next meeting about the possibility of hiring a bond con- sultant. The Chair stated the first priority would b~ evaluation of the parcels involved and their possible uses. ~lr. Rod Bessolo from Tiburon Hills suggested council consider a wide variety of areas as residents might be more willing to vote in favor of a bond issue if lands they could relate to were involved. Mr. Al Aramburu agreed with joining in with the county on acquisi- tion of open space, but pointed out the city must still develop its own priorities before it can take advantage of the county-wide proposal. He urged the council take immediate action, and the information be made available to the general public as soon as possible. Mr. Joseph Sheeks, representing Mr. Eavy, questioned what uses the council was acquiring the land for. He stated his client's lands lay below the 400-foot level and requested a determination as to whether or not these lands meet the criteria; and if they do not, he requested they be excluded from further consideration. ~~. William O'Neill urged the council charge a committee to begin contacting owners of the property and to retain professional counsel as to methods of financing. r.~. rIDulin referred to his previous request to delete lot 3 from the map, and agreed to its remaining in the study area as long as council would let its inclusion lapse at the end of the gO-day period. 11r. Neil Smith commended the council on action taken and recom- mended considering some agricultu~~'2oning for the ridge lands. Mrs. Adina Robinson of Belveron Gardens urged the council consider high on their priority list parcels 3, 4 and 5, which is land with natural beauty and visual prominence. A recess was taken at 9:26 p.m., the council p~m., the roll standing as originally taken. RECESS reconvening at 9:40 The Chair directed the City Manager furnish council with a list of names for their consideration for hiring bond consultants at the next meeting. The Chair set a special meeting for February 22, at which time they would hope to have the Williams and Mocine report available; and a second special meeting was set for March 7th. Sennett advised the audience that the council has established an acquisition fund and would like to solicit contributions from interested individuals. He stated contributions are 100 percent tax deductible. The First contributmon was made by George Ellman. Fanning requested further facts on the county parks plan~ ..... '.. The Chair set this matter for discussion on March 7th. The Chair set Sunday, February 13, at 12:00 noon for a special meeting for the council to walk the ridge lands. Interested persons were invited to accompany the council. Becker furnished the Director with a series of maps depicting land form and contours, circulation systems, interim holding zone parcels and proposed open space system. He stated he drew these maps for the purpose of demonstrating to the council what they should eventu- ally consider when presented with maps by staff and consultants. IV. ADJOURNMENT It being now the hour of 10:30 p.m., and there being no further business to come before the Council, the Chair declared the meeting adjourned sine die. ~/3:. L~ -.....(...- ~."-- BERT BALtmR, City Clerk/Manager APPROVED BY THE CITY COUNCIL ON: 1972. TIBURON February 8, 1972 CITY COUNCIL MINUTES NO. 267 Page 4 CITY COUNCIL MINUTES NO. 268 February Page 1 14 , 1972 AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN . . . . . . Becker, None Sennett Ellinwood, Fanning, Rice Question was called and the motion To a question by Ellinwood about the landscaping, the Director responded at the Precise Plan saage a complete and thorough land- scaping plan must be submitted. , as amended, carried: spoke to the application. With the consent of Fanning, Becker amended the motion to include that the reference to "future expansion" and "25 feet," as shown on the Bank of America Building, and the reference to nine parking spaces under the parking tabulation be deleted from the Planning Exhibit. ~lr. It was moved by Fanning, seconded by Becker, deemed to have passed first reading. Willard Rand, architect, that On motion of Fanning, seconded by Becker, reading of the full ordinance was waived and the ordinance was read by title only. the ordinance be An ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TIBURON AMENDING ORDINANCE NO. 54 N.S. BY AMENDING SECTION 1 THEREOF, came on for introduction and first reading. lUmNDING PO MASTER PLAN BANK OF AMERICA BLDG., 1601 Tiburon Blvd. 1. , Action: Ord . passed 1st reading IV On motion of Becker, of January 10, 1972; of January 31, 1972, submitted. BUSINESS OF THE COUNCIL seconded by Fanning, reading of Minutes 264 No. 265 of January 27, 1972; and No. 266 was waived, and the minutes were approved as Action . . Approved Nos. 264, 2.65 and 266 III PRESENT: ABSENT: EX OFFICIO: COUl~CIL~1EN COUNCILHEN . . . . Becker, Ellinwood, Fanning, Sennett Bert Balmer, City Manager Robert L. Kleinert, Ass't City Manager Robert I. Conn, City Attorney Stanley Bala, City Engineer Richard Arjo, Director of Community Develop Phil V. Scott, Development Administrator Louis V. Brunini, Supt. of Public Works Hellen K. Hecht, f.iinute Clerk APPROVAL OF MINUTES Rice The regular California, February 14, II. meeting of the City Council, City of Tiburon, State of was called to order by Mayor Denis T. Rice at 7:40 p.m., 1972, in the City Hall Council Chambers. ROLL CALL I. CALL TO ORDER CITY COUNCIL CITY OF TIBURON 2. NmNDNENT TO ZONING ORDINANCE Action: Ord. passed 1st reading REGULATING CMJPING ON PRIVATE PROPERTY An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION 27 OF ORDINANCE NO. 9 N.S., THE ZONING ORDINANCE, BY REGULAT- ING C~~ING WITHIN THE CITY OF TIBURON, came on for introduction and first reading. On motion of Becker, seconded by Fanning, reading of the full ordi- nance was waived and the ordinance was read by title only. The ordinance was corrected under Section (H), line 6, to include a line omitted in typing; and in line 8, to include, after activi- ties, "where said activities are othen.,ise . n . . Motion of Fanning, seconded by Becker, that the ordinance, as amended, be deemed to have passed first reading, carried: AYES: COUNCIL~mN : Ellinwood, Fanning, Rice NOES: COUNCILl.IEN: Becker ABSENT: COUNCILI-mN : Sennett 3. PERSONNEL CLASSIFICATIONS Action: Res. 420 adopted AND SALARY RECOI-1MENDATIONS The City Manager presented to the council a resolution amending the "1971-72 Schedule of Positions and Salary.' of the Master Salary Plan. Motion of Fanning, seconded by Ellinwood, to adopt Resolution 420, carried: AYES: COUNCILl-JEN : Becker, Ellinwood, Fanning, Rice NOES: COUNCILMEN: None ABSENT: COUNCILHEN: Sennett 4. ADOPTION OF CITY ~mNAGER'S Action: Res. 421 adopted SALARY Ellinwood stated after discussing this matter with Sennett, who was absent, she would now propose adoption of Resolution 421, establishing the City Manager's salary at $1670.00 a month, effec- tive on January 1, 1972. Motion was seconded by Rice. Becker requested full information be presented to the council on the salary ranges of all city managers, and moved that the salary range for the City Manager be placed in the upper 25 percentile of all the city managers' salaries in Marin County, and he will entertain further action on this matter at a later date. Motion died for lack of a second. With the approval of council, Resolution 421 was amended in para- graph 2 to delete "for the fiscal year." Fanning questioned the legality of making the salary retroactive to January 1. Ellinwood reminded the council the Deputy City Attorney had previously advised it was legal to make salaries retroactive. The City Attorney stated he had not researched the matter but council could make it retroactive pending Clarification. Question was called, and the motion to adopt Resolution 421 carried AYES: COUNCILNEN: Becker, Ellinwood, Fanning, Rice NOES : COUNCILMEN: None ABSENT; COUNCIL~1EN : Sennett February 14, 1972 CITY COUNCIL MINUTES NO 268 Page 2 l-1INUTES NO. 268 February 14, Page 3 CITY COUNCIL An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON A~mNDING CHAPTER 13, "BUILDING REGULATIONS," OF THE TIBURON CITY CODE, BY ADOPTING THE UNIFORl1 BUILDING CODE, VOLUNES I, II, III AND IV, 1970 EDITIONS: THE m~IFORM PLU~mING CODE, 1970 EDITION; THE NATIONAL ELECTRIC CODE, 1971 EDITION; AND THE UNIFORM FIRE CODE, 1971 EDITION, came on for introduction and first reading. 1972 ADOPTION OF CURRENT EDITIONS OF CONSTRUCTION CODES 6 Action In accordance with Sennett's request, as he was unable to be present this evening, the Chair directed the matter continued to the next regular meeting, recognizing final action must be taken within 30 days. Set for public hearing Ellinwood stated she favored a limitation on sick leave accumula- tion in Rule XI, Section 2; in Rule V, Section 4, she spoke agains~ employment of relatives of the first degree; requested considera- tion of possible sabbatical after a certain number of years of employment; that horizontal movement in step increases not be auto- matic but on a merit system. In regard to sick leave, she requested a statement be put in to integrate Workman's Compensation payments with the sick leave payments to enable an employee to extend his sick leave. The Chair and Fanning questioned Rule XI, leave; and Rule XV, Section 1, Suspension, brought back for further clarification. Section 1, vacation and requested these be Ellinwood suggested Rule XI, Section 1, include the statement, cumulati ve leave not to exceed t\'10 years, and add after "may accumu- late six weeks, n "t\V'O weeks of tV'hich may be taken at the option of the City Hanager." She suggested leave should be with the approval of the City Manager if it exceeds 30 working days Becker supported the City Manager in his revisions to Rules and Regulations. the Personnel The City Manager presented a resolution to the council establish- ing and adopting Personnel Rules and Regulations, together with an explanation of certain changes thereto. He suggested that if any councilman questioned any proposed change, the existing language could remain effective and he would bring back the changes at a later meeting. A recess was taken at 8:54 p.m., the council reconvening at 9 p.m., the roll standing as originally taken. :00 AYES: NOES: ABSENT: COUNCILUEN COUNCILr.mN COUNCIL~1EN . . . . . . Becker, None Sennett RECESS Motion of Becker, be deemed to have Ellinwood seconded by Ellinwood, passed second reading , Fanning, that Ordinance and be adopted, Rice 83 N.S. carried On motion of Becker, nance was waived and seconded by Fanning, reading of the full ordi- the ordinance was read by title only. An ordinance entitled m~ ORDINANCE OF THE CITY COm~CIL OF THE CITY OF TIBURON ~mNDING THE PERSONNEL SYSTEM OF THE CITY AND PROVIDING FOR THE ESTABLISHlmNT OF PERSONNEL RULES & REGULATIONS BY RESOLUTION, came on for second reading and adoption. 5. REVISED PERSONNEL ORDINk~CE RULES AND REGULATIONS Action Adopted Ord. 83 N.S Cont'd Res. to next meeting 268 February 14, Page 4 CITY COUNCIL The City Engineer advised a sidewalk or walkway is part of the improvements of any subdivision and should be required in the future. HINUTES NO. 1972 ~~. Estudillo questioned the city's policy on building sidewalks He urged the council notify the Fire Department sufficiently in advance of the future of any plans in this regard in order that their budget can include costs of moving fire hydrants. The City Engineer presented slides of the area. one fire hydrant has to be moved, which will be of the Fire Department. He stated only done at the expense Mr. Allan Littman brought up the safety problem in the area and urged the sidewalk be installed as Soon as possible and that land- scaping be delayed until funds are available. Mrs. Barbara Meislin concurred with ~~. Littman's request. Parks and Recreation Commissioner Al Aramburu questioned the accur- acy of the amount proposed as needed for the landscaping, and objected to the matter being tabled. In response to his request, the Assistant City Manager read the recommendation of the Parks and Recreation Commission, which was a unanimous motion calling for the installation of the Lyford Drive sidewalk as proposed by the City Engineer, with a guarantee that the future landscaping be at least equivalent to the existing landscaping. It was moved by Fanning to table the matter as recommended by the City Manager. The Chair requested consideration of the motion be deferred until the public has an opportunit~ to speak to the matter. Becker questioned the landscaping costs and suggested instead of removing and replanting, it would be more economical to kill the present plants and purchase new ones. The City Manager recommended no action be taken on the Lyford Drive sidewalk project until the next fiscal year, at which time it be reconsidered in the new budget. He stated the project was budgeted for $4,600, but the estimated cost is now $6,800. In addition, Parks and Recreation Commissioner Don Loomis has advised his investigation reveals landscaping could cost as much as $5800. He stated the funds for this project will come from gas tax moneys, but he would prefer reserving these funds for the possible acquisi- tion of a new right-of-way for Tiburon Boulevard at Trestle Glen. The City Engineer's recommendations for the realignment will be presented to the next council meeting. Lyford Dr. sidewalk proj. to go to bid without land- scaping 7 . LYFORD DRIVE SIDEWALK Action: IV The Chair introduced Mr. the audience as the new BUSINESS OF THE COUNCIL Maurice D. Lafferty to the council Chief of Police of Tiburon. and v The Chair read the ordinance by title only hearing be set in this matter for March 13, l-1ATTERS NOT ON THE AGENDA and directed a public 1972. ilotion of Fanning, seconded by Beeker, that the by title only and that a public hearing be set, ordinance be read carried: All Ayes. The City Attorney advised the Government Code requires the council read the ordinance by title only at this time and the matter be set for public hearing. To a question by I1r. Estudil.lo that the sidewalk he wider so that bicyclists can use them, the City Engineer responded this would be very expensive to the city as the road is blacktopped and new curbs and gutters would be required, as well as new catch basins. The Chair requested staff prepare a draft policy for the council to determine what criteria they would use for determining where gas tax moneys should be allocated for the installation of side- walks. ~lotion of Becker, seconded by Rice, that the council put the Lyford Drive sidewalk project out to bid, not to include the landscaping, carried: AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Rice NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Sennett The Chair directed the question of landscaping be considered at a later time. 8. COUNCILlmNIC SALARIES Aetion: Continued to Feb. 28 The Chair stated Sennett requested this matter be continued to the next meeting in order that he could be present at the discussion. To a question by Ellinwood, the City Attorney advised should the new council not be in favor of the ordinance, they could repeal it. Becker stated he supported councilmanic salaries on the basis it is a constant reminder of a councilman's accountability: to the public. Ellinwood supported salaries on the basis it would help defray costs incurred by a councilman for stenographic help, postage, telephone calls, etc. Fanning reiterated his stand aqainst councilmanic salaries. The Chair stated he would favor them. Mr. Allan Littman objected to councilmanic salaries, and stated if he is elected he would not take the money. The Chair directed this matter continued to February 28, at which time staff should submit an ordinance for discussion. ~. STEWART DRIVE/TIBURON Action: Auth. construction to begin BOULEVARD BUS STOP The City Engineer reviewed the proposal and presented a map pre- pared by the Division of Highways for the installation of the bus stop on Tiburon Boulevard south of Stewart Drive. The Chair stated the recommendation of the Parks and Recreation Commission in this matter is for hydromulching in the area. Ellinwood questioned the recommendation of the Parks and Recrea- tion Commission that the walkway from the bus stop to Stewart Drive be contiguous with the exit strip of the bicycle path. The City Engineer agreed to notify the Highway Department of this request, and to ask that the area be seeded. There being no objection, the Chair accepted the recommendation of the City Engineer that the Highway Department be authorized to com- mence work in this matter. V. MATTERS NOT ON THE AGENDA The City l1anager reported to the council the Local Agency Formation Commission informed them they were going to make a finding against the Eagle Rock Annexation application. To date Tiburon has received no written communication from LAFCO in this regard. February 14, 1972 CITY COUNCIL MINUTES NO. 268 Page 5 CITY COUNCIL NINUTES NO 268 February 14, Page 6 1972 AYES: NOES: ABSENT COUNCILMEN COUNCILl-mN COUNCILMEN . . . . . . Beeker, None Sennett Ellinwood, Motion of Fanning, seconded by Becker, to deny the claim for property damages and personal injury sustained by Mr. ~~~p~~~ E. Lynwood in an automobile accident at the intersection of Trestle Glen Thompson III Boulevard and Tiburon Boulevard, carried: Fanning, Rice 12. CLAIM FOR PERSONAL AYES: NOES: ABSENT COUNCILMEN COUNCILNEN COUNCILMEN . . . . . INJURIES Becker, Fanning Sennett Action: Claim denied Ellinwood, At the request of Ellinwood, the Chair stated this motion does not preclude the council from considering the possibility of moving next door. Motion carried: Rice It was moved by Becker, seconded by Ellinwood, to adopt the Amended Budget as shown on pages 1, 2 and 3, Police Department General Fund, and to add $8,000 to the Capital Outlay Budget for building remodeling. Ellinwood spoke on the limited amount of space for the Police Department as well as the city staff upstairs, the inconvenience of holding meetings at the school, and suggested council reconsider the possibility of moving the police department next door. She requested an analysis be made of the costs involved in moving next door and that attempts be made to negotiate with Mr. Zelinsky on the rent and completion of the building. The City Manager stated his previous recommendation had been to rent the space next door. The City Manager presented to the council the Police Department Supplemental Budget for 1971/72 and a report on the requirements for remodeling council chambers. He stated the funds will be transferred from the Contingency Fund and the Working Reserve Fund. POLICE DEPART~mNT SUPPLEMENTAL BUDGET 1971/72 11. Action: The Chair directed this matter continued and that staff bring back the report prepared last year outlining what Mill Valley Refuse requested from other cities and a report on the contracts they negotiated. The City Manager reported the company is reques~- ing increases from Belvedere and ~1ill Valley, as well as Tiburon. Adopted amended budget RATE INCREASE, ~ULL VALLEY REFUSE SERVICE Cont'd to next meeting 10 Action: IV To a question by the Chair, the City Manager stated the largest single property holder in the area, Hudec-Stevenson, favors annexation, along with Dr. Jansheski, owner of the Eagle Rock Medical Building, the Sierra Bank, and the Housing Authority. BUSINESS OF THE COUNCIL The City Manager reported he and the Assistant City Manager subse- quently met with 11r. Barrows to review LAFCO's findings and to illustrate that there were errors of fact, errors of omission and errors of deduction in the report. He further pointed out LAFCO rules require the staff finding be sent to the sponsoring city ten days ahead of the meeting to give them sufficient time to prepare an answer, which was not done. Tiburon appears before LAFCO next Wednesday without the commission members having had the opportunity to read their rebuttal to the LAFCO report. 13. CASH FLOW Motion of Fanning, seconded by Becker, to adopt Register of Claims No. 90, carried: AYES: COUNCILz.mN: Becker, Ellinwood, Fanning, Rice NOES: COUNCIL~3EN : None ABSENT: COUNCILNEN: Sennett 15, 16, 17 POLICE REPORT DEPARTMENT OF PUBLIC WORKS REPORT - January COMMUNITY DEVELOp~mNT REPORT - January There being no objection, the Chair accepted the above reports VI. QUESTIONS Tiburon Boulevard Realignment, Trestle Glen The Chair gave the City Manager a letter from the Highway Depart- ment in regard to the Trestle Glen realignment, with the direction that at the next meeting when Trestle Glen is on the agenda, this letter be included for discussion. BiCYCle Path, Esperanza Parks and Recreation Commissioner Peter Arnold referred to his memo regarding Esperanza and asked that the record reflect the Landmarks Society's willingness to have the area adjoining their property used for cyclists. Because of the danger of Mar West as a bicycle thoroughfare, he urged staff and the City Engineer explore this suggestion, and confer with the Landmarks Society in this regard. VII. ADJOURNl1ENT It being now the hour of 11:45 p.m., February 14, 1972, the Chair declared the meeting adjourend to Tuesday, February 22, 1972. ~ ~/L~ BERT B rmR1, :y Clerk/Manager ON: , 1972. ice February 14, 1972 CITY COUNCIL MINUTES NO. 268 Page 7 CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER An adjourned meeting of the City Council, City of Tiburon, State of California was called to order by Mayor Denis T. Rice at 8:05 P.M., February 22, 1972 in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Mayor Rice, Becker, Ellinwood, Fanning, Sennett ABSENT: COUNCILMEN: None EX OFFICIO: Bert Balmer, City l1anager Robert L. Kleinert, Ass't. City Manager Richard Arjo, Dir. of Community Development III. BUSINESS OF THE COUNCIL 1. ACQUISITION OF OPEN SPACE LANDS The Chair indicated this was the third meeting in a series of scheduled Open Space meetings related to the 90-day building moratorium. The Chair stated members of the City Council and certain interested property owners conducted an on-site inspection of the properties under consideration for Open Space Acquisition and commented on certain parcels. The City Manager reviewed the inventory of Open Space parcels included in the moratorium denoting acreage, zoning, potential dwelling units, slope percentage, general plan zoning and staff recommendations concerning acquisition. The Chair noted receipt of letters from Mr. Hamon, Attorney Joe Sheeks, and Mrs. Phyllis Ellman. The Chair suggested a rating system or priority listing of all of the parcels being considered for open space. Sennett recom- mended the Council and staff consider (1) the abandonment of the unimproved portion of Hacienda Drive as a vehicular road, (2) the acquisition by purChase, dedication, and zoning (perhaps skyline ordinance) of approximately 100 yards of property in fee, running roughly parallel to Hacienda providing a linear park, ( 3) removing the ridge land part of our trails system to this linear park, (4) acquisition of specific acreage ranging from 1 to five acres each, at points lateral to the trail, (5) evaluation of the type and siting future building in the areas remaining for development on the ridge lands, and (6) study of denisty presently permitted in the remaining areas of the ridge lands. Fanning indicated Clustering could afford less density, rather than increased density. Becker stated it was essential to define our Open Space Plan. Ellinwood suggested treating the entire Tiburon Peninsula as an interrelated whole or package in considering the overall open space program. Ellinwood stated that immedi~te consideration priority must be given to parcel 24 of which development plans have already been submitted. Ellinwood questioned the status of the Porto Marino extension and previous consideration of extending Vistazo l-les t . She requested determining what ordinances, rezoning or ease- ments could accomplish in our open space program. Rampton Harvey, Chairman of the Committee for Open Space acquisition, indicated to the Council that it was essential to have an initial plan or program regarding our open space objectives in order to have any meaningful dialogue with property owners. He concurred high priority should be given in considering streets, traffic and zoning of the open cr~~-4 CITY ~CIL MINUTES #269 February 22, 1972 Page 1 CITY COUNCIL ~IINUTES i 270 February Page 2 28, On motion of Sennett, seconded by Becker, Rule V, Section 2, was changed to eliminate the \-lords, "or is addicted to the use of drugs or intoxicating liquors in excess, or has been guilty of any infamous or notorously disgraceful conduct;" and in line 13 to eliminate the words 1I0f the law." 1972 Ellinwood requested that when the City Manager brings back a recommendation on overtime rates of compensation, he include a recommendation on the question of sabbatical leave. Ellinwood questioned whether the restriction on age limit for police officers violated any of the provisions of state law. There being no objection, council accepted the change to read, "at policeman entry level," in Rule V, Section 3. There being no objection, at the suggestion of Ellinwood, council accepted Rule XI, Section 8, by inserting "time off with pay to management personnel." The City Manager suggested the Police Department be excluded from the above recommendation. Motion died for lack of a second. The Chair directed this matter be brought back for consideration at a later time. Ellinwood recommended that the formula for establishing over- time rates be spelled out in the Personnel Rules rather than be included in the annual budget, and moved to insert a new Section 4 on page 13, Rule X, to read: "Rates of compensation for hours worked beyond the normal work week shall be as follows: For the first five working days, compensating time off shall he granted. If this is not possible, the rate of compensation for this period shall be at regular time. For all hours worked beyond one work week, the rate shall be at time and one-half time, except that work. performed on holidays (as defined in these regulations), or for any fraction thereof, shall be at the rate of double time." Motion of Sennett, seconded by Ellinwood to limit sick leave to 120 working days, in Rule carried: XI, Section 2, All Ayes. , It was moved by Ellinwood, seconded by Becker, to amend Rule V, Section 4, as follows: IIRelatives of the first degree may not be simultaneously employed by the city." Motion carried: All Ayes. It was moved by Becker, seconded by Sennett, to amend Rule XV, Section l(b) and Rule XVI, Section 2(b) to read as follows: "The commitment or conviction of any felony or any other crime involving moral turpitude." Motion carried: All Ayes. Motion of Becker, seconded by Sennett, to amend Rule XI, Section 1, to read: "Employees with five years or less may accumulate up to four weeks; and more than five years, six weeks, with the provision that the city may require two of those weeks to be taken at a separate time.1I Hotion carried: All Ayes. The City Manager presented to the council revisions to the Personnel Rules and Regulations. 3 . PERSONNEL RULES The Chair directed this matter back to staff for redrafting, to incorporate the general idea of allowing camping up to three days with the permission of the property owner, without facilities. AND REGULATIONS Action . . Res 422 adopted Ellinwood and Sennett spoke in favor of an ordinance allowing camping by children for a limited amount of time. CITY COUNCIL HINUTBS #270 February 28, Page 3 1972 Becker complimented the City Engineer on the plans submitted, and concurred with the recommendation of Solution No.1. He urged pedestrian undercrossings be carefully defined. The City Engineer presented preliminary plans for the realign- ment of Route 131 at Trestle Glen, and presented maps showing three proposed solutions. He reviewed the proposals and stated he would recommend Solution No. I as the best solution. TRESTLE GLEN/TIBURON BOULEVARD REALIGNr~NT Remanded to Planning and Parks & Recr. Commissions 8. Action: It was moved by Sennett, seconded by Becker, that the council consider the question of contributing to the rebuilding of the ball field at budget time. Motion carried: All Ayes. AYES: NOES: ABSENT: COUNCILHEN COUNCILNEN COUNCILl.1EN . . . . Becker, None Fanning EllinwoOd, Motion of Sennett, seconded by Becker, that the city allocate $250 out of the current Parks and Recreation Commission budget towards the immediate needs of the Little League, carried: Rice , Sennett Parks and Recreation Commissioner Donald Tayer stated the School Board appointed himself and Commissioner Don Loomis to a com- mittee to consider the uses of the Community Services Fund, and he would recommend their exploring the use of these funds in this regard. He suggested the city appropriate $723, with the understanding one third would come from the School Board and one third from Little League, and the remainder to be con- sidered in next year's Parks and Recreation budget. Dr. Angelo Capozzi, president of the Tiburon Peninsula Little League, reported to the council the three fields at Del Mar School are in very poor condition and would require a total of $4500 to be put in shape. They would hope to spend $723 immediately to reduce some of the safety hazards, and would need $2,720 for a major overhaul to the field in the fall. They are requesting Belvedere, Tiburon, the School District and Little League to split the costs equally. TIBURON PENINSULA LITTLE LEAGUE, INC., CONTRIBUTION REQUEST 12. Action: A recess was taken at 9:25 p.m. 9:30 p.m., the roll standing as Allocated $250 the council reconvening at originally taken. , AYES: NOES: ABSENT: COUNCILHEN COUNCILHEN COUNCILMEN RECESS Becker, None Fanning Ellinwood Motion of Sennett, seconded by Becker, to adopt Resolution 422, establishing and adopting Personnel Rules and Regulations, carried: , Rice , Sennett AYES: NOES: ABSENT: COUNCILMEN: COUNCILHEN: COUNCILHEN: Ellinwood, Sennett Becker, Rice Fanning Motion of Sennett, seconded by Ellinwood disorderly or immoral conduct, failed: to delete Section (e) , It was moved by Sennett that Section (c) in that it is impossible to interpret. of a second. , be stricken entirely Motion died for lack Den1.s To Rice APPROVED BY THE CIT 13th 1972 BERT l"1INUTES a~~ra.,L-~ BALMER, City Clerk7Manager #269 February 22, 1972 It now being the bour of 11 to come before the Council, sine die. :20 P.M. and there being no further business the Chair declared the meeting adjourned IV. Following adoption of the motion, the joint meeting date with the Con- sultants and the Parks & Recreation Commission was set for March 20th at 8:00 P.M. The Chair stated the agenda for the March 7th special meeting would be to consider the various methodologies of acquisition and preservation, and he requested that an invitation be extended to the Consultants to attend that meeting also. ADJOURNMENT Becker proposed the open space plan not only include ridge lands, but also shoreline, recreation and park lands. He proposed a sorting of public lands or facilities as corridors between neighborhoods. The Chair noted these specific hearings are based on and should relate only to those lands involved in the moratoriwn. Al Aramburu provided a slide presentation and reviewed those specific properties in the moratorium'. Warren Russell applauded the City Council in their previous open space action, requested the Council "think big" when considering open space acquisition and suggested the costs of development should be brought out when contacting the pro~erty owners. 5,<~~ ' Motion by Ellinwood, seconded by Becker, that, using the concepts out- lined in Councilman'~ letter to the City Council, dated February 17, 1972, the Council instruct staff to bring the deliberations of this meeting to the attention of the open space Consultants, Williams & Mocine; and to ask for their attendance at a joint meeting of the City Council with the Parks & Recreation Commission at ~ich time the Con- sultants would give us their recommendations regarding the various thoughts presented at this meeting, together with a general outline of their own open space concepts which they are now developing. Passed unanimously. Councilman Sennett requested staff be directed to prepare a visual analysis or pictorial presentation of the proposal which has been dis- cussed, recommend methods of acquisition by ordinances and zoning, provide schematics of traffic circulation and the effects of clustering. The Chair suggested a draft of the skyline ordinance be prepared for Council's consideration at the March 7th meeting. Councilman Fanning requested the Consultants, Williams & Mocine provide their input and recommendations of the Open Space Program. He stated the Council will Ultimately have to determine the final open space plan. The Chair informed those residents from Belveron in attendance there has been no previous indication by the Council to remove parcels 3, 4, or 5 from open space acquisition consideration. Mr. Wayne suggested the Committee for the Acquisition for Open Space consider submitting a larger open space program proposal, as it is feasible to consider a larger program than what Councilman Sennett proposes. Mr. Aramburu indicated he felt it is possible to achieve a concrete plan for open space acquisition within the 90-day periOd and suggested Council follow the recommendations of the City Manager. Mr. Littman stated he was encouraged with Councilman Sennett's proposal and recommended Council adopt a general statement of policy in order that the Committee for the Acquisition for Open Space could proceed in contacting the property and possibly reduce the overall costs of acquiring some of the properties. ~. Batten likewise noted that parcels 3, 4, and 5 and the proposed extension of Porto Marino Drive were of great concern and importance to the Belveron residents CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER - The regular meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Denis T. Rice at 7: 37 p.m., February 28, 1972, :.n the City HalJ. Council Chambers II. ROLL CALL . PRESENT: COUNCILNEN: B~cker, Ellinwood, Rice, Sennett ABSENT: COUNCILHEN: Fanning EX OFFICIO: Bert Balmer, City Manager Robert L. Kleinort, Ass't City Manager Richard Breiner, Deputy City Attorney Stanley B~la, City Engineer Richard Arjo, Dir. of Comma Development Louis V. Brunini, Supt. of Public Works Hellen K. Hecht, Minute Clerk III. APPROVAL OF MINUTES Nos. 267, 268 Action: Continued IV. BUSINESS OF THE BOARD 1. lU.mNDI1ENT OF PD r~~STER PLAN, Action: Ord. 84 N.S. adopted BANK OF ~mRICA, 1601 Tiburon Boulevard An ordinance entitled AN ORDIN~NCE OF THE CITY COUNCIL OF THE CITY OF TIBURON ~mNDING ORDINANCE NO. 54 N.S. BY M.ffiNDING SECTION 1 THEREOF, Cnmc on for second reading and adoption. On motion of Becker, the Chair:~ with gencl:'al consent, declared that the reading of the full Oi.. jinance is waiv-;d and the ordi- nance was read by title only.., It was moved by Sen~ctt, seconned by B~cker, th~t Ordinance 84 N.S. be deemed to have passed second reading and be adopted. To a question by l.1r. Hillard Rand, archi t:cct, the Director stated even though only 26 spaces are r~guired for the Bank of America building, council must consider pa~king in connection with the I.laster Plan for the cntire area. Question was called, and the motion to adopt Ordinance 84 N.3. carried: AYES: COUNCILHEN: Becker, Ellint-lood, Rice.1' Sennett NOES: COUNCILNEN: None ABSENT: COUNCII,I"'iEN: Fanning 2 ZONING ORDINANCE ANENDHENT Action: Remanded to staff TO REGULATE CAl'~ING ON PRIVATE PROPERTY An ordinance entitled N~ ORDINANCE OF THE CITY OF TIBURON M.mNDING SECTION 27 OF ORDINANCE NO.9 N.S., THE ZONING ORDINANCE, BY Rt:GULATING CAr.IPING {'~I'llHIN THE CITY OF TIBURON, came on for second reading and adoption. Becker spoke in favor of an ordinance with the general intent to safeguard the rights of property owners, and not on~ to define what is proper or sanita--:-y camping. CITY COUNCIL UINUTES #270 February 28, 1972 Page 1 CITY COUNCIL HINUTES 4J 270 February Page 4 Sennett stated he was opposed to councilmanic salaries, principle, and also to the additional cost of adding $9 the city budget. 28 , in 000 to , 1972 An ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TIBURON ADDING SECTION 2-1.1 TO THE TIBURON CITY CODE BY PROVIDING FOR THE PAYMENT OF SALARIES TO ~1Er.mERS OF THE CITY COm~CIL OF THE CITY OF TIBURON IN ACCORDANCE WITH THE PROVISIONS OF GOVERNMENT CODE SECTION 36516, came on for introduction and first reading. 4 COUNCIL~mNIC SALARIES AYES: NOES: ABSENT: COUNCILNEN COUNCIL~mN COUNCILf.1EN . . . Becker, Rice Fanning Action: Failed Ellinwood It was moved by Sennett, seconded by Becker, to adopt the City Manager's recommendations as set forth in his report of February 28; that the Mayor be authorized to enter into a contract with Mill Valley Refuse for the increase from April 1, 1972, to July 1, 1973. Motion carried: , Sennett The City Manager recommended 15 percent as a proper raise at this time, and that the additional accounting figures should be obtained so that a year from now the staff and council can analyze the figures and more accurately determine Tiburon's proportionate share The Chair questioned the percentage of expenses for servicing Tiburon and stated in his opinion more information was needed to justify the rate increase to prove Tiburon's costs had increased in the amount requested, and that rate increases in Tiburon were not to subsidize increased costs in other service areas. The City Ilanager presented to the council the request by the ~till Valley Refuse Service for a rate increase. The City Manager recommended that a 15 percent increase be granted and that the Refuse Service be required to make certain accounting changes, as set out in his report of Febr~ary 28. HILL VALLEY REFUSE RATE INCREASE PROPOSAL Adopted City Manager's recommendations 9 Action: The Chair remanded the matter to Parks and Recreation Commis- sion and the Planning Commission, to come back on [larch 13. He directed the minutes reflect, in asking the commissions for their input, that the council is generally in favor of Solu- tions 1 and 3. It is the council's consensus that Solution 2 would be the least aesthetically favorable. Mrs. Schoenstein referred to the letter she and Mrs. Johnson circulated for residents to send to the Highway Department, and urged immediate safety measures be taken to protect the children. She referred to a concern by Mrs. Land of Pine Terrace about the safety for children in that area. Mr. Littman suggested a pedestrian underpass between Stewart Drive and the middle of the triangle. t1r. Sam Shapero spoke in favor of Solution No. 3 as being the most effective in slowing down cars. Sennett spoke in favor of Solution No. 3 as giving better traffic control in this area. He suggested a tunnel under Tiburon Boulevard in the area of Stewart Drive to allow pedes- trians and cyclists to crass safely. CITY COUNCIL 1.7INUTES #270 February Page 5 28, 1972 Motion of Sennett, seconded by Becker, to adopt Resolution 423 Authoritizing the Granting of an Easement Deed for Conveyance of Necessary Right-of-way to the State Division of Highways, carried: All Ayes , EASE~mNT DEED FOR CONVEYANCE Action RIGHT-OF-tiAY 10 AYES: NOES: ABSENT COUNCI LHEN COUNCILNEN COUNCILI1EN Becker, Ellinwood Sennett Fanning Adopted Res 423 , It was moved by Ellinwood, seconded by Becker, to adopt the offer of Hr. Zelinsky and authorize the City Manager to negotiate a lease of the ground floor in the Zelinsky office building at 40~ a square foot, from March 1, 1972, to July 1, 1974. Said lease is to include option clauses as set forth in Ellinwood's memorandum of February 28. Motion carried: Rice Sennett opposed the proposal due to the increase in cost. Becker spoke in favor of establishing the police department on the ground floor of the new office building. The City Manager informed the council the costs of improving the area would be approximately $7500, as opposed to $6300 for remodeling the council chambers. The Chair suggested moving the council chambers next door to permit ~he police department to use the existing council chambers. Ellinwood reviewed her memorandum concerning a proposal to reconsider converting council chambers to the police department and substituting instead rental of space in the adjacent new office building. She indicated the owner, Mr. Fred Zelinsky, has offered to lease to the city the ground floor area of approximately 1650 square feet of office area at 40~ per square foot. REQUEST FOR ADDITIONAL CITY HALL SPACE City Mgr auth. to nego- tiage lease w/Zelinsky for ground floor nextdoor 6 AYES: NOES: ABSENT: COUNCILNEN COUNCILXmH COUNCILUEN Action Becker, Ellinwood Rice, Sennett Fanning It was moved by Ellinwood, seconded by Becker, that the ordinance be deemed to have passed first reading Motion failed: On motion of Ellinwood, ~1ith general consent, reading of the full ordinance was waived and the ordinance was read by title only Rice stated in his opinion reimbursement methods to councilmen are available. He stated salaries would not stimulate more or better qualified people to run, in his opinion, and councilmen feel . accountable to the people without being paid. Becker concurred with Ellinwood on the reimbursement of out-of- pocket expenses, and felt salaries would attract a wider variety of candidates and make councilmen more accountable to the people. Ellinwood stated in her opinion the lack of salaries deters people from running for office who otherwise would run, and it would partially reimburse councilmen for out-of-pocket expenses. 5. PROPOSAL FOR JOINT POWERS AGREEMENT WITH THE ASSOCIATION OF THE REDtiOOD Er-1PlRE AREA 7. RESOLUTION SUBI~IITTED BY BELVEDERE/TIBURON COr.n.1ITTEE ON THE ENVIRON~lENT 11. TRAFFIC ADVISORY RECO~ll~NDATIONS The above matters were continued to the next regular meeting V. QUESTIONS Police Department Policy Ellinwood requested a council work session with Chief Lafferty to establish guidelines for department policy. The Chair requested this matter be agendized for the next council meet- ing, at which time a work session would be considered. Tiburon General Plan Goals Ellinwood expressed concern that the work of the Housing Sub- committee preparing the housing element be coordinated with preparation of the Open Space element so that the goals of these two elements of the General Plan will not be in conflict. Busses on Main Street Ellinwood requested the city should look into the prohibition of busses on Main Street. VI. ADJOURNl-mNT It being now the hour of 12:35 a.m., and there being no further business to come before the Council, the Chair declared the meeting adjourned to Tuesday, March 7, 1972. BERT ~ L- ,y Clerk/Manager APPROVED BY THE CITY LON: , 1972. ITY OF TIBURON Rice February 28, 1972 CITY COUNCIL MINUTES #270 Page 6 CITY COUNCIL HINUTES NO. 271 I.1arch 7, Page 1 1972 Becker favored the 0" zone as an interim method of zoning to allow the city to adopt an open sPQce element. To a question To a question by the Chair, the Director explained 0" zone, which he had discussed with the city attorneys, as an interim zoning holding zone precludes subdivision and allows wild life and agricultural use and single family dwellings. The danger is it could be a form of inverse condemnation. It was moved by Rice, seconded by Sennett, to adopt a resolution formally endorsing a policy of adopting controls which would preclude building on the ridge tops; and that as a possible means to implement that policy, staff is directed to draft a proposed skyline zoning ordinance. Motion carried: All Ayes. The Chair spoke in favor of a skyline ordinance in order to defi- nitely establish crests will be left open. Ellinwood supported the Chair, and advised all of England is under a skyline ordi- nance. Becker supported endorsing a policy toward a skyline ordinance, but before the ordinance is adopted more facts should be developed. Sennett questioned whether a skyline ordinance can be used to require that houses be set back sufficiently from the skyline, but the property not built upon wculd be open to the general public. He further questioned whether the same results couldn't be obtained from amending present ordinances rather than adding another ordinance to the books, and suggest~d the possibility of putting cluster zoning on the ridge. The Director responded cluster zoning would provide strict controls by the Planning Commission-and Council, but the ordinances should be amended in that C zoning is too rigid and RP is too flexible. The Chair stated the first matter for discussion is the techniques available to the city in skyline zoning, 110" zone, and scenic easements. The Chair stated the topics of discussion for this meeting will be (1) the question of the powers of the City to zone and to regulate the use of land in regard to open space, and (2) the methods of actual acquisition available to the city. He reviewed the City Manager's memorandum of February 22, 1972, setting forth the lands to be acquired, the methods of financing, and the possi- bility of retaining financial consultants. ACQUISITION OF OPEN SPACE III BUSINESS OF THE BOARD Mayor Rice , Fanning Robert L. Kleinert, Ass't City Manager F<,ichard Breiner, Deputy City Attorney Richard Arjo, Dir. of Community Development Hellen K. Hecht, r1inute Clerk PRESENT ABSENT: EX OFFICIO COUNCILl-7EN COUNCILNEN Becker , Ellinl"lood Sennett II A special meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Denis T. Rice at 8:10 p.m., ~larch 7, 1972, in the City Hall Council Chambers ROLL CALL I CALL TO ORDER CITY COUNCIL CITY OF TIBURON CORRECTED MINUTES CITY COUNCIL HINUTES NO 271 Barch 7 Page 2 , 1972 Mr. Vernon Perry advised before the city approaches HUD, they should determine what areas they want to buy, the total cost, and what the uses will be. The Assistant City Manager indicated staff ~ill be meeting with HUD representatives on March 8 regarding acquisition of the Reed School park site, and will explore HUD funding for acquisition of open space at that time. The Chair questioned methods of acquisition and whether any of the funding sources were available other than HUD's Legacy of Parks. Ellinwood stated if Tiburon has adopted a housing ele- ment to go along with the open space element, they would improve their chances for obtaining funds from HUD. TECHNIQUES OF ACQUISITION A 9: recess was taken at 9:28 p.m.1 35 p.m., the roll standing as the council reconvening at originally taken. RECESS In order to give property owners an opportunity to be present and respond to council's questions of rezoning property to make the zoning compatible with the General Plan, at the request of Sennett, the Chair directed staff draft a resolution, to be brought back on March 21, togeth~r with an analysis of what properties rezoning would apply ~o and the question of legalities and the implications arising fr0~ the fact that council would be rezoning land from a multiple use to a lower density. Sennett stated the whole question of rezoning to reduce density should be considered by the council Becker questioned whether the city had not automatically elimi- nated R-3 zoming in that it is in conflict with the city's General Plan as required by state law that zoning conform to the General Plan. The Deputy City Attorney responded after i~tt//tsf January R-3 zoning will automatically expire because of discrepancies 1973 between the General Plan and R-3 zoning. 1 The Chair, with the concurrence of the council, directed staff to convey to Williams and Mocine that the council would like to see concrete recommendations as to areas which, in the judgment of the consultants and staff, would lend themselves to mandatory cluster zoning and submit their recommendations to council. Staff should also take into consideration the possibility of rezoning R-3 property to R-l, thereby precluding development of any more apartments. The Director explained to the council the nature of a scenic easement and stated its main disadvantage is it limits the uses of the property and there would be no savings to the city in obtaining land by condemning fo~ scenic easements. He would recommend, however, council con3~.der voluntary scenic easements on all of the properties involved. He stated right of public access would have to be acquired as an additional public benefit along with the scenic easement. Sennett favored cluster zoning and urged staff review this at the same time they are consider- ing the skyline ordinance. by the Chair, to liOn zoning zoning. the City Attorney responded there is no benefit as the area in question is already under temporary CITY COUNCIL rIINUTES NO. 271 l1arch 7 Page 3 , ~ ~ ~ 1972 / ,,"'... .... > NO'!' N.' "Ellinwood reported bills F'.:oposing the establiShtnent of a Golden Gate National recreation area which will include Angel Island. She Suggested the intensity of this use under Federal management would be far greater than proposed for Angel Izl2.nd nnder present state park statuS, and sh0. urged citizons and council support : eliminating Angel Island from the propOsal. __ proposal _...,\..UU;J.l. OTHER BUSINESS Ellinwood suggested copies of 11r. Perry's financial consultant proposal be sent to councilmen prior to the meeting on Mondaym and that council meet in Executive Session at 7:30 p.m., Monday, to discuss the proposal with Mr. Perry. The Chair reported he will consult with staff on Thursday as to the agenda for Monday evening, and will decide at that time whether or not council will meet in executive session Monday prior to the regular meeting. He stated this will not be with prejudice to the council's meeting and interviewing any other firm before making a final decision. The Director introduced Allison M. Masse and Stephen Busecker from the firm of Williams and l1ocine. Mrs. Masse reviewed the role of Williams and ~locine in F:eparing the open space study. Their report would include areas where cluster zoning would be appropriate, and investigation of sources for funding. They would be available to work with financial-consultants in this regard. They can meet the July 1st deadline, but the entire open space element, including a workable program of preservation and acquisition, will be ready in September. In response to questions from the Chair and Sennett, Mr. Perry advised their firm would require 90 days to prepare a concise financial plan for the city, which would include researching of possibilities for financing. Mr. Rampton Harvey, chairman of the open space committee, reported his committee is meeting tomorrow and will have a report for the council at the next meeting in regard to their contacts with property owners in the open space holding area Dr. George Ellman reported on a survey he personally conducted in which the majority of citizens he polled favored the city's obtaining open space and indicated their willingness to contribute to its acquisition. Sennett requested the Mayor prepare a letter addressed to the Board of Supervisors, with copies to appropriate staff members attaching exhibits of work done to date by the city. , Ellinwood pointed out the county tax rate generates much more money than the city's tax rate, and therefore urged the city join with the county in acquiring open space without a bond issue. Becker reported ABAG is interested in cities' acquiring open space, and they also should be contacted for means of fund- ing. Marin County Parks and Recreation Commissioner Polly Smith urged council notify the county immediately of their interest in open space and coordinate the city's interests in open space with the county's. In addition to ~lessrs. Joske and Silver having been notified by staff, the Chair directed a letter be sent to Mr. Von Gundell advising of the city's interest in acquiring land and obtaining financial assistance from the county in this regard CITY COUNCIL HINUTES NO. 271 Barch 7 Page 4 APPROVED BY THE CITY COffiJCI7N /)/-- ./ , 1972 1972 It being now the hour of 10 meeting adjourned sine die. the Chair declared the 1 l4gr 50 p.m , The Chair March 21. ADJOURNMENT set the next open space special meeting for 8 :00 p.m , Special Ellinwood further moved a letter signed by the All ayes. Heeting that Hayor this resolution be memorialized in to Mrs. Watkins Motion carried: It was moved by Ellinwood, seconded by Rice, that the City Council of the City of Tiburon adjourn in memory of Dr. Robert Watkins, distinguished orthopedic surgeon, former councilman and former flayor of Belvedere; a man whose devotion to, and active partici- pation in, the cause of conservation so greatly enriched our community. In the early 1950's Dr. Watkins' personal efforts resulted in the original private subscription purchase by Belvedere citizens of the tidelands along that city's western shore. In 1957 he was a leader in effecting the successful passing of the $55,000 bond issue ,~ith which Belvedere purchased the remaining tidelands within its city limits and assuming the perpetual preservation of Richardson Bay. In 1964 he personally contributed private funds to the joint purchase ~t Tiburon,~by l1arin County and the Strctwberry Recreation District of the Straw- berry tidelands. And he created '1ith his own labor the lovely shoreside walk along San Rafael Avenue. Surh a man belongs not to anyone city but to the greater community, and the Tiburon City Council in this manner hereby recognizes and acknowledges the gratitude of its citizens to hime Hemorial to Dr AYES: NOES: ABSENT: COUNCILHEN COUNCILr.1EN COUNCILlv1EN Robert t"1atkins Becker None Fanning Ellin\V'ood, Motion of Becker, seconded by Ellinwood, to approve in principle the scheduled natural environment program and request for funds, as delineated in the letter of Parks and Recreation Commissioner O'Neill dated March 2, 1972 carried Rice , Sennett Pa~ks and Recreation Commissioner William O'Neill referred to his memo on the Natural Environment of Tiburon, which is planning a series of talks and walks organized by the Parks and Recreation Commission. He solicited council's endorsement of the program, and requested funds from the Comm.nity Activities account of the Parks and Recreation budget. Natural Environment of Tiburon Program CORRECTED MINUTES CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, S~ate of California, was called to order by Mayor Denis T. Rice a~ 7:35 p.m., March 13, 1972, in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Becker, Ellinwood (7:40), Rice, Sennett ABSENT: COUNCILMEN: Fanning EX OFFICIO: Bert Balmer, City Manager Robert L. Kleinert, Ass't City Manager Robert I. Conn, City Attorney Stanley Bala, City Engineer Richard Arjo, Dir. of Comm. Development Phil V. Scott, Development Administra~or Louis V. Brunini, Supt. of Public tlorks Hellen K. Hecht, Minute Clerk III. APPROVAL OF MINUTES Nos. 267, 268, 269, 270 There being no objection, reading of Minutes No. 267 of February 8, 1972; No. 268 of February 14, 1972; No. 269 of February 22, 1972; and No. 270 of February 28, 1972, was waived, and the minutes were approved as submitted. The Chair requested Ellinwood submit her corrections to Minutes No. 267 in writing to the next council meeting. IV. BUSINESS OF THE COUNCIL 2. APPEAL FRO~l DENIAL OF VARIANCE Action: Appeal upheld BY BOARD OF ADJUSTr-m:NTS Michael J. King/James E. Hutson 90 Lyford Drive The Director of Community Development presented to the council the appeal in subject matter. Mr. Michael J. King spoke to the matter and described the development plans, requesting that the appeal be upheld on the basis that the variances fall within the four conditions set forth in the provisions of the Zoning Ordinance for granting variances, and because of the fact that in their opinion they have a high quality deluxe condominium development that will enhance the neighborhood. In regard to parking, he stated there are 20 parking spaces -- ten slots with tandem parking one behind the other, which will eliminate street parking. They intend to landscape extensively. He described the setbacks on the property and stated at no point will their buildings be within 16 feet of the buildings on the adjacent property. The Director stated the plan is superior but the development could be built within the requirements of the ordinance. After discussion on whether or not council should consider design review, Ellinwood moved, seconded by Becker, that the council act on the two items before it, being only sideyard variances and the tandem parking. March 13, 1972 CITY COUNCIL MINUTES NO. 272 Page 1 March 13, Page 2 CI'ry With the approv~l of Ellinwood, Rice amended the motion to include that the council ma.kes n.o finding, express or implied, as to the propriety or desirability of having ten units rather than nine. Becker sta.tcd h~ \vould not i:.iCcept the amendment and suggested an alternate aillcndment would be more appropriate requesting the staff and Pla.nning Com.-n:tssiOll t'J correspond wi"':h the council in terms of what the izr..pa.;.::.t cf th-: appeal action has been and requesting St1ggCStiO~l~ for ordinance changes on the basis of their action. COUNCIL MINUTES NO. 272 1972 With the approval of Ellinwood and Becker, Sennett amended the motion to include that the appellant apply to the City of Tiburon and to any other appropriate regulatory bodies for a condominium subdivision, as required under the Subdivision Map Act. With the consc~t of Ellinwood, include that it be the council tute a precedent. Becker amended the motion to s desire that this not consti- It was moved by Ellin\;c>(:>d, seconded by B.ecker, that having examined the pJ.o'c. pIa.n for tl1e property at 90 Lyford Drive owned by f.1essrs. King a.n.d Hut~on, that the Ci.ty Council finds that the tandem parking li2y;:::-ut D.S prcsentec1 is granted because it meets the four conditio:i1s cf the Zoning Ordinance, as required to grant a vari.~.ncc; ~'.hat it constitutes no precedent for any future action by any body in the city as may present a tandem parking layout.; that the Board of Design Review be requested to considcL moving th9 parking structure back a foot or so at that point wh~re there is a zero setback. AYES: NOES: ABSENT COUKCILNEN: COUNCII.MEN: COUNCILt.1EN: E~~cker , Ecnnctt PRnn.i.ng Ellin,.,ood, Rice Question was Sennett stated in meet the criteria called a~d the moticn h.is for opiD.ion the proposed development does not granting variances. carried: It was moved by Ellill'V'lcod, seconded by Becker, that in recogni tion of the site and slope difficulties on the property of King and Hutson located at 90 Ly5)rd Drive, that there are special cir- cumstances applicable to this property because of which strict application of the zoning regulations of the City of Tiburon would deprive said property of privileges enjoyed by other property in the vicinity and under identical zoning classifi- cations; that the granti.ng of the permit will not materially affect adversely welfare of persons residing in the neighborhood of the aforesaid property; will not be materially detrimental to public welfare; and is consistent with the intent of the Zon- ing Ordinance and with the purposes for such zone; that the grant- ing of a permit will not a1versely affect the general zoning plan of the City and doeR not constitute a special privilege incon- sistent with t.he limitations upon the properties in the vicinity and the same zone; and that the exception is the minimum neces- sary for the re2.so112ble use of the property. AYES: NOES: ABSENT COUNCILl-1EN COUNCILl-1EN COUNCIIJHEN Bcckcr.~ El.1. in\';cod, Rice F ar.ning Sennett Question was The Chair supported considering both design review and the matter of the variances in that if only 9 units are allowed under design review study, the question of variances would then be moot. Becker spoke against the council acting on design review as this is not their function. called and the motion carried: CITY COUNCIL MINUTES NO 272 March 13, Page 3 1972 A recess was taken at 9:06 p.m. 9:15 p.m., the roll standing as the council reconvening at originally taken. RECESS Question was called, l1r. Hoffmire pointed out Mr. Shapero is also the president of the Foundation. Mr. Strawbridge noted William Bremer and Mayor Rice have donated a great deal of free time to this project. and the motion carried: All Ayes It was moved by Sennett, seconded by Becker, that the council approve in principle the agreement between the Tiburon Penin- sula Foundation, Mr. Samuel Shapero and the City of Tiburon; further, that the motion officially reflect the thanks and appreciation of the council to Mr. Shapero for having donated the largest single gift the city has enjoyed in its history from any of its benefactors ] The Chair reported on the past history and the current status of Blackie's Pasture, and outlined the letter to the City Council of February 29, 1972, from William R. Bremer, Attorney. He stated after extended negotiations with the Tiburon Peninsula Foundation, the council has reached an agreement for the acquisi- tion of Blackie's Pasture as follows: The City will acquire from the Foundation complete fee interest in the undivided first one-third of the Foundation's interest in the undivided second one-third, providing the City reimburses the Foundation for its costs in aoauirinq that piece and assumes the balance owing, II. ... The Ci~y will aC9u~re from I':1r. Shapiro complete fee ~nt7re~t ~n tile und~v~ded first one-third of the Foundat~on s 7nterest. It will acquire the Foundation's complete fee ~nterest in the undivided second. . ." Doara, 'two members ot wn~cn WOUl.Q De l.LUlll LUC .a:v,""U\",U4"".""ul ..._ recommend uses of the property; and the Foundation would have some limited use of the property for public-related events. If, for any reason, the City should choose not to hold the property for public use, the Foundation could regain its interests by reimbursing the City for ~~y/~~p~~~~~~'~~~~~~J its costs of the property. ~he Chair expressed the council's appreciation to the members of the Foundation who were present; Mr. Sam Shapero, presi- dent; Gordon Strawbridge, Rampton Harvey and John Hoffmire. Ellinwood requested the record reflect no special privileges will be conveyed in any way to the foundation in terms of the use of the property Blackie's Pasture AYES: NOES: ABSENT v. COUNCILMEN COUNCI Ll,mN COUNCILMEN . . . . ITEMS NOT ON THE AGENDA Becker, None Fanning Ellinwood, Rice, Sennett Question was called, The Chair announced he will be calling a special meeting the last week of March or the first week of April to discuss amend- ments to the ordinance, and he requested councilmen at that time put on the table items they want to be sent down to the Planning Commission by resolution of intent to amend the Zoning Ordinance. and the motion, as amended, carried: March 13, Page 4 AYES: NOES: ABSENT CITY COUNCIL MINUTES NO COUNCILrmN CO UNCI LL1EN COUNCILMEN Becker, None Fanning 272 1972 Ellinwood, Rice, Sennett Question was called on the main motion, On the basis of the withdrew his motion City Engineer's recommendations, Rice , with Sennett withdrawing his second. and the motion carried: Mr. Rampton Harvey referred to a previous meeting with the State Division of Highways wherein they were advised if the City wanted the road relocated, it would be expected to reimburse the State for the engineering drawings they had made. The City Manager reported the State Division of Highways has advised if the city considers a new alignment and prepares preliminary design plans to show the alignment is feasible, the State will take it over at that point and design and construct it. The City Engineer spoke against the amendment and gave his reasons as to why a four-lane extension would provide a safer and more functional road Rice moved, seconded by Sennett, to amend the motion to include that the four laning of the road would. only go so far as the Trestle Glen turnoff; that the City would acquire sufficient right-of-way beyond that point to Stewart Drive for potential four lanes, but that wouldn't be constructed at this time. It was moved by Sennett, seconded by Becker, that the staff be directed to advise the Division of Highways of this council's recommendation for alignment of the Tiburon Highway to conform to the Schematic No. 1 presented to the council by the City Engineer on February 28, 1972, with emphasis on the following considerations: (1) that any new alignment have a parkway appearance and effect, including consideration of narrower lanes and shoulders than ordinarily are required by the State Division standards, and (2) that approval of four lanes within the area depicted by the Schematic No. 1 not be construed as compromising the city's prior determination to reserve judgment on the need of additional lanes of traffic on the remaining portion of Tiburon Highway to downtown Tiburon. {At this time Item 8 was taken up. After discussion of Item 8, the following action was taken on Item 12:) The City Manager reported the State has advised the City is free to come up with a new alignment, but if it is on property not owned by the State, the City will have to acquire that property. If the present alignment is acquired, the city will be in a position to trade that part of the alignment for state- owned land, which will give the City the waterfront property. The City Engineer reviewed Solution I plan for the realign- ment of Route 131 at Trestle Glen, and reported the Planning and Parks and Recreation Commissions had adopted this plan with two conditions: (1) a passage under the parkway be included to permit free circulation for pedestrians and bicycles; and (2) that the staff study the area north of the new road to determine whether it is sufficient in size for public use. The Planning Director presented an overlay of the area showing a full regulatory size softball diamond and four tennis courts could be placed in the area. TRESTLE GLEN/TIBURON BOULEVARD REALIGNMENT Recommended Schematic Plan I 8. IV Action: BUSINESS OF THE COUNCIL CITY COUNCIL MINUTES NO. 272 l1arch 13, Page 5 1972 An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON JU.mNDING CHAPTER 13, "BUILDING REGULATIONS, II OF THE TIBURON ADOPTION OF CURRENT CONSTRUCTION CODES passed 1st reading 1. AYES: NOES: ABSENT COUNCILMEN CO UNC I LI-1EN CO UNCI LHEN . . UNI FO R!.7 EllinwoOd Becker Fanning Action : Ord Rice Sennett Question was called, Becker stated he would object to the council regulating traffic enforcement in that this falls within the jurisdiction of the police department. and the motion carried It was moved by Sennett, seconded by Ellinwood, that the council instruct the staff to advise the Division of Highways to con- sider immediate reduction in the speed limit on the two-lane portion of the Tiburon Highway, to request immediate installa- tion of bright lighting directly over every crosswalk; to request placing appropriate signing at every crosswalk warn- ing motorists to stop for pedestrians; and with the cooperation of the Cities of Tiburon and Belvedere, increase the highway patroling of that portion of the highway. Ellinwood urged additional deputy sheriffs be hired for a short time to step up law enforcement. Mr. Silverthorne questioned the possibility of arterial stop signs rather than expensive stop lights. 11r. Allan Littman suggested overhead crossings be installed at Del Mar and in the area where the bicycle path ends. Mrs. Chapman urged cooperation with the Belvedere police in increasing patroling. Mrs. Elva Edger urged consideration be given to a 2S-mile-per- hour speed limit. t1rs. Mary Terrell spoke of the dangerous situation on Tiburon BoulevarJ. Becker urged all persons to drive the speed limit, nating the need for stricter law enforcement. f.lr . Mrs ing thus elimi- Jack Hirnmelwright presented copies of a proposal by himself, Schoenstein and others containing suggestions for improv- safety on Tiburon BoulevardG Ellinwood questioned the possibility of lowering the speed limit from 35 to 30 m.p.h. and using radar. Chief Lafferty advised radar can be considered at the time of budget discus- sion. He stated as of July 1st the City will be taking over from the county patrolling of the road, and they will increase their patroling. The City Engineer advised traffic count alone will not justify putting in lights, but recommended the council urge the State also take into account the vertical and horizontal alignment of the road. The City Manager reported the State Division of Highways and the City of Tiburon have agreed to enter into a joint staff study to review safety, signing, lighting, etc., on Tiburon Boule- vard, and the State is now making a traffic count at certain intersections to determine if the count meets State standards for installing traffic lights 12 TIBURON BOULEVARD SAFETY DISCUSSION Action: Staff to forward letter to State Div. of Highways CITY CODE, BY ADOPTING THE UNIFOID4 BUILDING CODE, VOLUr~S I, II, III AND IV, 1970 EDITIONS; THE UNIFORH PLU~1BING CODE, 1970 EDITION; THE NATIONAL ELECTRIC CODEv 1971 EDITION; AND THE UNIFORN FIRE CODE, 1971 EDITION, came on for intro- duction and first reading. On motion of Sennet.t, seconded by Becker, reading of the full ordinance was waived a~1 the ordinance was read by title only. It was moved by Sennet.t, seconded by Ellinwood, that the ordinance be deemed to have passed first reading. The Development Administrator stated he is satisfied with the ordinance. Question was called, and the motion carried: AYES: COUNCILHEN: B8cker, Ellinwood, Rice, Sennett NOES: COUNCILlItffiN: None ABSENT: COUNCILMEN: Fanning 9 STATUS OF REED SCHOOL Action: Adopted Ass't City PARK SITE PURCHASE r1anager' s recommendation It was moved by Sennett, seconded by Becker, that staff be directed to prepare an agreement for the signature of the Mayor which incorporates the recommendation of the Assistant City Manager of l'larch 9, 1972, which offers to purchase 4.75 acres from the Housing Authority at the stipulated price of $36,000, Subject to receipt of a matching open space grant from HUD of no less than $18,000. Motion carried: AYES: COUNCILHEN: Becker, Ellinwood, Rice, Sennett NOES: COUNCILMEN: None ABSENT: COUNCIL~1EN : Fanninj .V. ITEHS NOT ON THE AGENDA CONSOLIDATION OF VOTING Action: Res. 424 adopted PRECINCTS AND ELECTION OF OFFICERS It was moved by Sen~ett, seconded by Becker, to adopt Resolution 424, a resolution consolidating voting precincts, appointing election officers, fixing voting places and establishing compensation for election officers. In response to a question by Becker, the City I'janager stated the Assistant City Clerk picks the individuals from a list of available persons and the County instructs them. Becker stated in his opinion the level of super- vision in the past at Tiburon elections has been less than adequate and the proper procedures were not well followed. The Chair stated in his opinion election officers have performed very well. Ellinwood spoke in support of the new program of the county being in charge of elections. Question was called and the motion carried: AYES: COUNCILMEN: Becker, Ellinwood, Rice, Sennett NOES: COUNCILNEN: None ABSENT: COUNCILl'.ffiN: Fannin~ March 13, 1972 CITY COUNCIL MINUTES NO. 272 Page 6 CITY COUNCIL I1INUTES NO 272 March 13, Page 7 1972 With unanimous consent the Chair accepted the above reports 14 16 17 . . . CASH FLOW - January POLICE REPORT - February DEPARTr18NT OF PUBLIC WORKS REPORT February AYES: NOES: ABSENT: COUNCILHEN COUNCILMEN COUNCILMEN Becker, None Fanning Ellinwood, Motion of Becker, seconded by Sennett, Claims No. 91, carried: Rice to approve Register of Sennett 15 REGISTER OF CLAIHS Ellinwood favored establishing policy rather than allowing the budget to make the policy. She agreed the meeting should be structured and the Chief should have a report on the remodel- ing and the hiring There being no objection, the Chair ruled he will not call a meeting at this time but suggested a meeting be held in May or June at budget time, at which time he would suggest there should be a prepared agenda of specific questions worked out ahead of time with Chief Lafferty. Becker concurred with the City Manager and favored waiting for a test period of one year in which the Chief would provide the council with expanded organization reports Ellinwood stated she would favor discussion as to the deploy- ment of the personnel who are to be hired, the general activi- ties, and where the emphasis and concerns should be. The City Manager favored allowing the experience to develop and then having the council give its direction at budget time. In regard to Ellinwood's proposal for a council work session with Chief Lafferty to establish guidelines for Police Depart- ment pOlicy, the City Manager questioned the matters to be discussed at such a meeting and stated in his opinion adminis- trative policy is in the jurisdiction of the Chief and the City Manager and the policy for council's consideration is normally taken up at budget time. POLICY GUIDELINES FOR POLICE DEPART~mNT 5. AYES: NOES: ABSTAIN ABSENT: COUNCILlvlEN COUNCILNEN COUNCILMEN COUNCILMEN . . . Action: Ellinwood None Becker Fanning No meeting date set Rice It was moved by Ellinwood, seconded by Rice, that the claim from Lawrence D. Kay and McNaught, et aI, for alleged damages in inverse condemnation and negligent misrepresentation resulting from the City of Tiburon's adoption of the interim 90-day ordinance controlling property within an open space study zone, be denied. Motion carried: Sennett CLAlrl FOR DAMAGES IN INVERSE CONDEl~ATION & NEGLIGENT MISREPRESENTATION 11 IV Action BUSINESS OF THE COUNCIL Denied Claim VI QUESTIONS - New Construction on Hilary Drive Ellinwood called the council's attention to a building being constructed on Hilary Drive which will have 100 percent lot coverage because of serious deficiencies either in the ordinance or staff interpretation of the ordinance. She urged staff look into this and bring in appropriate amendments. Hoffmire Development In response to a question by Ellinwood, the Assistant City Manager reported Brown/Heldt is doing a study as required by council on the proposed landscaping of the John Hoffmire development, and their report will be on the March 27th council agenda. Birthday of Belvedere Ellinwood requested council recognize the 75th birthday of Belvedere, with a formal resolution to be prepared for the next meeting. Special Heeting The Chair reminded council he will be calling a special meeting the last week of March or the first week of April onthe question of amending the Zoning Ordinance. VII. ADJOURNMENT It being now the hour of 11:30 p.m., and there being no further business to come before the council, the Chair declared the meeting adjourned to March 21, 1972, at 8:00 p.m., at the Del Mar School Music Room. ~ // L~~ , c--/ y . BERT B1\Lr-m , C: :lerk/t1anager APPROVED BY THE CITY COUNCIL ON: //1 - ,;27 , 1972. ' L:--""--<: ./ ~, HAYOR 0 [TY OF TIBURON March 13, 1972 CITY COUNCIL MINUTES NO. 272 Page 8 CITY COUNCIL !4INUTES NO. 273 March 22, Page 1 The City Manager summarized his acquisition of open space lands. staff report of , 1972 FURTHER CONSIDERATION OF ACQUISITION OPEN SPACE LANDS March 21 on 2 . OF To a question by ltr. Gary Gray as to what extent Williams and Mocine are coordinating their work with the County Parks and Recreation and Planning Departments, Mr. Biesecker responded they are working with the county and will furnish copies of all reports they prepare to the county. Parks and Recreation Commissioner William O'Neill urged Williams and Mocine present all plans to their commission for study. In re~ponse to a question by ~tt. Sheeks, Mr. Biesecker stated a man from the Department of Mines in Sacramento did a detailed survey on the Tiburon Peninsula two years ago, and they are using his paper as the basis for their determination of soil conditions on the Peninsula. I.~. Stephen Biesecker of Williams and Mocine explained to the council the methodology used to develop the preliminary map on open space, and pre~ented preliminary maps in this regard. He reported on the studies Williams and Mocine are preparing regarding projected plans for open space, the county trails system, the existing circulation system, geologic implications of each parcel (fault zones), aesthetic value of the various parcels, internal and external values of each parcel, the ecology of the Peninsula, accessibility to ecological resources and the potential for developing them, historical significance of various sites on the Peninsula, pos~ibilitiea for providing buffer zones surround- ing historical siton, possibilities of a waterfront park at the tip of the peninsula, urban form, and open space provisions for future development possibilities. Mrs. Alison M. Massa of Williams and Mocine presented to the council a report on the status of the Open Space General Plan. She stated their priorities are (1) parcels to be acquired to preserved, (2) means of eltiler acquisition or preservation, and (3) recom- mendations for development of recreational facilities. She stated they will have a preliminary statement and map ready for adoption in June 1972. OPEN SPACE ELEUENT OF GENERAL PLAN (Report By Williams & 11ocine) 1. ) III. BUSINESS OF THE Mayor Fice, Fanning Bert Balmer, City Manager l'..~.chard Arjo, Dir. of Community Development Andrew Hahto, Assistant Planner Hellen K. Hecht, Minute Clerk COUNCIL PRESENT: ABSENT: EX OFFICIO COUl~CILr.mN COUNCILHEN Becker, Ellinwood, Sennett ROLL An adjourned moeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Denis T. Rice at 8:20 p.m., i-larch 21, 1972, AiV~/~/.JtAl,lj~ptJN:)')'/~.,.s", at Del School. II. CALL Mar I. CITY COUl~CIL CITY OF TIBURON CALL TO ORDER CORRECTED MINUTES CITY COUNCIL HINUTES NO 273 March 22, Page 2 1972 The Chair urged the council to ignore parcel lines and think in terms of an overall system. He disagreed with the City Manager's recommendation. Becker spoke in favor of the City Manager's recommendation. He stated, however, he would withdraw his motion but objected to Rice's substitute motion. Rice offered a substitute motion to have all of the numbered parcels declared of highest prioirty, except for 1, 18, 2S and 26, to have at least some part in an overall plan. Sennett suggested Rice revise his motion to specifically state that the council include all of the parcels delineated in the sketch prepared by Becker. Mr. Bryan Chapman suggested action on this motion be delayed until the public has an opportunity to view the sketch. With the approval of Becker, Sennett amended the motion to include acquisition or preservation of all or part of the above parcels. It was moved by Becker, seconded by Sennett, that the council state as its intent that highest priority should be given to acquiring or otherwise preserving an open space involving Parcels 3, 4, 5, 6, 7, 9, 12, 13, 14, 19, 21, 22 and 23. lira. Adina Robinson presented a resolution of the Belveron Home Owners Association dated March 1st urging the council include Parcels 3, 4 and 5 as top priority along with the ridge lands. After discussion by the council, the City Manager stated the parcels in his recommendation were made on the basis of highest priority, which would be ridgelands lying in a well- designed open space pattern along the crest. In making this determination, he took into account the financial ability of the city in terms of the citizens pledging themselves to a bond issue to acquire this property. The Chair set a special meeting to be held on Monday, April 3, to discuss the question of preservation of open space, with the first item to be a noticed hearing on the proposed study of the gO-day moratorium. Ellinwood and Rice spoke in favor of revisions being made to the Zoning Ordinance at this time in connection with the study of open space. The Chair objected to eliminating any of the parcels presen~ly under the moratorium. Ellinwood agreed with the variance procedure outlined by Sennett, and agreed with Becker that council should identify the parcels to be included in the moratorium before it is con- tinued. Becker urged the council determine the exact areas to be included in the moratorium before it continue the moratorium . Sennett spoke in support of extending the moratorium, and explained to the public that should anyone wish to pursue plans for development of property included in the moratorium, the plans should be submitted to the city. If they qualify on a variance basis, the property can be developed. Mr. Al Aramburu spoke in support of including more parcels in the moratorium area in order that a larger number of voters would be directly affected by the acquisition of open space and would there- fore be more inclined to vote for a bond issue. It was moved by Sennett, seconded by Becker, to declare the intent of the council's acquisition of all or part of Parcels 6, 7, 9 I 19, 21, 22, which are necessary to achieve the concepts adopted by Resolution 419 without prejudice to acquiring addi- tional parcels. Ellinwood spoke against identifying parcels of land until a criteria is developed to make judgment. Question was called, and the motion failed: AYES: COUNCILI1EN: Becker, Sennett NOES: COUNCILMEN: Ell in'-Iood , Ri ce ABSENT: COUNCILl.IEN: Fanning It was moved by Rice, seconded by Becker, that council go on record favoring a plan designed for an overall interconnecting system of corridors, scenic easements, lineal parks and other open space and that at such time as it develops and completes such a system, it undertake by acquisition, zoning, or other- wise, the implementation of that system. ~~. Sheeks questioned the feasibility of the city's acquiring any large amounts of land and urged the council define those parcels of land it intends to acquire and preserve. Mr. O'Neill urged the council charge some body with specifically drafting a plan for open space acquisition and preservation. The Chair stated it is not the intent of his motion to limit open space to contiguous land and a trails system. Question was called, and the motion carried: AYES: COUNCILl"1EN : Ellinwood, Rice, Sennett I~OES : COUNCILNEN: Becker ABSENT: COUNCI Lr.1EN : Fanning It was moved by Rice, seconded by Sennett, that the staff and consultants, by the April 3rd meeting, present to the council in rough form an overall system as described in the prior motion, to be presented visually, using the Becker sketch as a basic point of departure, which would look toward achieving the kind of system discussed here tonight, to use as a frame of reference when council discuss the possibility of extend- ing the moratorium. Question was called, and the motion carried: AYES: COUNCILNEN: Becker, Ellinwood, Rice, Sennett NOES: COUNCILNEN: None ABSENT: COUNCILl1EN: Fanning 2.e. CONSIDERATION OF REZONING RIDGELANDS Sennett suggested the City Council accept the report prepared by the City Manager in this matter and fon~ard it to the Planning Commission for their consideration. The Chair stated in his opinion the council should consider it further, and requested staff make recommendations on their opinion of the skyline ordinance. r.larch 22, 1972 CITY COUNCIL MINUTES NO 273 Page 3 Ellinwood suggested council consider the policy statement adopted by the City of Larkspur relative to prohibition of building on ridgelands. There being no objection, with general consent, the Chair directed staff fon~ard the City Manager's Report, with the Zoning Ordinance recommendations, to the Planning Commission, and that council retain copies for their consideration and review on April 3rd. 2. c. RETENTION OF FINANCIAL CONSULTANT The Chair suggested council meet in Executive Session prior to the meeting scheduled for April 3rd to discuss whether or not a financial consultant should be hired by the city. Sennett spoke against the hiring of a financial consultant and agreed with the City Manager's memorandum recommending the city's basic funding for its acquisition program be by general obligation bonds. Ellinwood spoke in favor of exploring all methods of funding and urged a financial consultant be retained. After further discussion, it was the sense of the council that bonding consultants should be interviewed in the event, when full council is present, they vote to hire a consultant. IV. QUESTIONS Ellinwood referred to a sketch prepared by an architect represent- ing the Tiburon Hills, Belveron and Reedland Woods Homeowners Associations reflecting concepts about open space preservation in the area contiguous to the city, which is near their area and includes the Deffebach property. She suggested a communi- cation be sent to the Board of Supervisors and urged staff assist the citizens at county level in this matter. Mr. Rampton Harvey advised County Parks & Recreation Commis- sioner Polly Smith asked him to inform the council that the Board of Supervisors have passed the Trails Plan unanimously. ~~. Sam Shapero suggested staff determine the amoUnt of money that can be raised for land acquisition before deciding on the number of parcels to be included in the moratorium. ADJOURNHENT It being now the hour of 11:17 p.m., the Chair declared the meeting adjourned sine die,4!' April 3rd was set as the next special meeting on open space. BERT Clerk APPROVED BY THE CITY COUNCIL ON: ~~' .-/ /0 , 1972. lid: '/!/i.J'.d- ~ 'F THE CITY OF TIBURON lilarch 21, 1972 CITY COUNCIL I1INUTES NO. 273 Page 4 CORRECTED MINUTES CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER ;I The regular meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Denis T. Rice at 7:35 p.m., Uarch 27, 1972, in the City Hall Council Chambers. II. ROLl. CALL PRESENT: COUNCILNEN: Hayor Rice, Becker, Ellinwood (7:37), Fanning, Sennett ABSENT: COUNCILNEN: None EX OFFICIO: Bert Balmer, City Manager Richard Breiner, Deputy City Attorney Stanley Bala, City Engineer Richard Arjo, Dir. of Corom. Development Phil V. Scott, Development Administrator Louis V. Brunini, Supt. of Public Norks Hellen K. Hecht, Uinute Clerk III. APPROVAL OF MINUTES Nos. 271 and 272 Action: Approved as amended There being no objection, the Chair declared by unanimous consent I'linutes 271 and 272 approved. E1linl1ood requested the following changes to r1inutes 271: The fourth paragraph on page 2 should be clarified to show the correct date of January I, 1973, as the date the R-3 zoning will expire. The last paragraph on page 3 should refer to the Golden Gate National Recreation Area, and the paragraph should read: "Ellinwood reported bills p:~'oposing the establishment of a Golden Gate National recreation area which will include Angel Island. She suggested the intensity of this use under Federal management would be far greater than proposed for Angel Isl2nd under present State park status, and she urged citizens and council support . eliminating Angel Island from the proposal. The third paragraph on page 4, line 11, should read: n · within its city limite thus assuring the . u . . . . Line 13, II joint purchase ~ Tiburon, .~ . . . . . . Line 15, rs lovely shores ide '''1alk II . . . . . . Ellinwood presented a written copy cf changes to 11inutes 267 and Z1S, previously approved. Hinutes 267 tvere corrected as follOt'1s: 268 Page 2, paragraph 2, line 5, should read, HShe urged they consider the county-wide park plan i3nd the probable forma- tion of a county-wide park district since once the plan is adopted, its first priority is for acquisition of open space in the eastern corridor which includes areas in T iburon . If On page 4, the following should be added to paragraph 3: uThe first contribution was then made by George Ellman.u Ellinl'1ood requested l1inutes No. 268 be corrected to reflect the first name of E. Lynwood Thompson :11, in the last paragraph on page 6. March 27, 1972 CITY COUi.JCIL HINUTES NO 274 Page 1 The Chair corrected Ninutes 272, page 3, under Blackie's Pasture," to read as follows: It · The City will acquire from Mr. Shapiro complete . . fee interest in the undivided first one-third of the Foundation's interest. It will acquire the Foundation's complete fee interest in the undivided second . It . . The last line in that paragraph should read, u . reim- . . bursing the city for its costs of the property.1t Ellinwood proposed getting two rubber stamps to be used on minutes, one to read IITentative," and one "Adopted." IV. BUSINESS OF THE COUNCIL 1. ADOPTION OF CURRENT EDITIONS Action: Ord. 85 N.S. adopted OF CONSTRUCTION CODES An ordinance entitled M~ ORDINANCE OF THE CITY OF TIBURON AI-ffiNDING CHAPTER 13, uBUILDING REGULATIONS," OF THE TIBURON CITY CODE, BY ADOPTING THE illlIFOID4 BUILDING CODE, VOLU~mS I, II, III m~D IV, 1970 EDITIONS; THE m~IFOm~l PLUtffiING CODE, 1970 EDITIONS; THE NATIONAL ELECTRIC CODE, 1971 EDITION; AND THE UNIFOm1 FIRE CODE, 1971 EDITION, came on for second reading and adoption. On motion of Becker, and there being no objection, the Chair declared reading of the full ordinance waived and the ordinance was read by title only. It was moved by Becker, seconded by Sennett, Ordinance 85 N.S. be deemed to have passed second reading and be adopted. Hotion carried: AYES: COUNCILNEN: Becker, Fanning, Rice, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILHEN: Ellin''lood It was moved by Fanning, seconded by Becker, that Council adopt the "Statement of Fact Relative to Amending Section l603(a) of the 1970 Edition of the Uniform Building Code, Volume I,ll as furnished by the Development Administrator. With tile consent of Becker and Fanning, Rice amended the first paragraph of the statement, to strike "if not the very worst;" and add after Ilstructural conditions,rt "from the standpoint of fire danger." Question was called and the motion, as amended, was adopted: AYES: COUNCILNEN: Becker, Ellinwood, Fanning, Rice, Sennett NOES: COUNCILlvlEi~ : None ABSENT: COUNCILHEN: None 2 PROPERTY DEVELOPI1ENT TAX Action: Ord. passed 2nd reading ORDli\JAi-JCE An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ADDING CHAPTER 7B TO THE TIBURON CITY CODE, PROVIDING FOR THE INSPECTION OF A PROPERTY DEVELOp~mNT TAX, came on for first:reading. On motion of Becker, and there being no objection, the Chair declared the reading of the full ordinance waived, and the ordinance was read by title only. It was moved by Becker, seconded by Ellinwood, that the ordinance be deemed to have passed first reading. Harch 27, 1972 CITY COUNCIL MINUTES NO. 274 Page 2 Becker objected to the findings set out in Section 7B-l. After discussion, and there being no objection, Section 7B-l was amended to end after "public improvements and facilities," in \ line 4, with the remainder of the paragraph to be stricken. To a question by Ellinwood, the City Attorney stated the Hilarita project would be excluded from having to pay a tax under Section 7B-4 D. 11otion of Sennett, seconded by Fanning, to delete Section 7B-S, carried: AYES: COUNCILI1EN: Fanning, Rice, Sennett NOES: COUNCILHEN: Becker, Ellinwood ABSENT: None There being no objection, at the request of Sennett, Section 7B-1O was amended to read in line 5 as follows: liThe funds shall be used only for the purposes of acquiring, building,. improving and expanding public property, public improvements and facilities, I , .. Becker withdrew his motion that the ordinance pass first reading. It was moved by Fanning, seconded by Sennett, that Ordinance 86 1'1.S., as amended, be deemed to have passed second reading and be adopted. Hotion carried: AYES: COUNCIL~lEN : Becker, Ellinwood, Fanning, Rice, Sennett NOES: COUNCILliEN : None ABSENT: COUNCILr"lEN: None 3. LYFORD DRIVE SIDEWALK Action: Cont'd to April 24 The ci ty Ilanager reported only one bid had been received for the construction of the Lyford Drive sidewalk, and the bid was con- siderably higher than the City Engineer's estimate. He advised representatives of the homeowner's association had requested this matter be continued to the firs~: meeting in April in order that they may be present for discussion. Mr. Ogle, representing home owners livin~ at 100, 102, 104, 106 and 108 Lyford Drive, urged the council cancel the project to construct a sidewalk on Lyford Drive. Ellinwood advised Mr. Harlan Koch had informed her previously he also opposed the project. lIrs. Pat Russell urged the sidewalk be constructed for the safety of the children in the area, and advised the home owners' associa- tion unanimously supported the sidewalk. There being no objection, the Chair declared the bid denied and the matter continued to the second meeting in April. V. ITEHS NOT ON THE AGENDA The Chair referred to correspondence received from Mr. Ernie Nevers in regard to alleged building and zoning violations exist- ing at the Stotter residence at 2244 Vistazo East. I.Irs. Nevers requested the City enforce its ruling that the deck encroaching on their property must be removed. The Chair directed this matter continued until the Executive Session to be held at the close of the regular meeting tonight, and Council will discuss at that time whether or not abatement proceedings should be begun against the Stotter residence. I1arch 27, 1972 CITY COUNCIL HINUTES NO 274 Page 3 CITY COUNCIL It was moved by Sennett to refer this matter to the Planning Com- mission, advising them of the changes council has recommended and asking them to review these chan jes and refer tr..e matter back to council \'1i th their recormnenoatiol"lG. HINUTES NO 274 Barch 27 Page 4 1972 Becker stated for the record in his opinion the thrust of what the council is talking about is more to regulate innocent behavior than it is to protect public welfare and safety. He urged the whole ordinance be thrown out, and administrative alternatives be considered. Ellinwood spoke to the problem in the railroad yard wherein campers have been staying for considerable periods of time, and questioned vn1ether the city has any police powers over this area. The Deputy City Attorney advised sleeping is not allowed on this p~operty through provisions of the Zoning Ordi- nance. Paragraph 2, to read in line 2, · · .11 Line 3 should end after of the sentence. travel trailer, t~~t, automobile facility," omitting the remainder Fanning spoke again3t the proposed ordinance, and suggested instead an ordinance to prevent the sleeping in any movable vehicle '"lithin the cit~{ limits of Tiburon. He moved to amend Section 1.(H) 1., to read as follows, in line 4: n".. any tent or out-of-doors, . " .fl Ellinwood suggested mnking the and PD zones undeveloped as of ordinance applicable to residential the date of the ordinance. An ordinance entitlGd k~ ORDINANCE OF THE CITY OF TIBURON SECTION 27 OF ORDINM~CE NO.9 N.S., THE ZONING ORDINM~CE, REGULATING CP.&WING ~1ITHIN THE CI~Y, carne on for Council's and comments. AI'.lENDING BY reviet'l 5 CAHPING ORDINANCE A recess 9:05 p.m was taken at 9:00 p.m. ., the roll standing as Action: the council reconvening at originally taken. Continued , RECESS The Chair directed staff to prepare a letter to advising the council unanimously voted to table t.layor Putnam this proposal AYES: NOES: ABSENT COUNCILHEN COUNCI LlvIEN COUNCILHEN Becker, None None Motion of Beeker, carried: Ellin\vood, Fanning, Rice, Seneett seconded by Sennett It was moved by Ellinwood that the City of Tiburon has in this proposal and does not agree \vith the concepts, be communicated to Mayor Putnam. Motion died for lack , that the matter be tabled, no interest and this of a second. The Chair referred to a letter he received from I1ayor Helen Putnam of Petaluma enclosing a copy of a proposal for a joint powers agreement for the establishment of an association of county and city governments within those ccunties of the North Bay area of the Redwood Empire area. He read a letter he received from former Mayor Gordon Strawbridge questioning ABAG's reaction to this proposal. PROPOSAL FOR JOINT PO~'1EnS AGREEflliNT WITH THE ASSOCIATION OF THE RED~vOOD EX1PIRE AREA 4 IV Action: BUSINESS OF THE COUNCIL Uatter tabled Barch 27 Page 5 AYES: NOES: ABSENT: CITY COUNCIL COUNCILNEN COUNCIL~1EN COUNCILr.t;~:..; Bec~{er , None None HINUTES NO 274 , 1972 E It was moved by Becker, seconded by Sennett, to adopt Resolution 426 authorizing execution of ~greement between the City of Tiburon and Valley Crest Landscaping, Inc., for work to be done and approving bonds in El Marinero Assessment District No. 1967-1, City of Tiburon, Ilarin County, California. Motion carried: 11 Lnwood , Fanning , Rice, Sennett EL pmRINERO LANDSCAPING AGREEL'1ENT 426 adopted 8 AYES: NOES: ABSENT COUNCILI:IEN: COUNCII,l<IE!T: COUNCILr.IEN: Becker N.c~'3 None Action Res , It was moved by Ellinwc~d, seconded by Becker, to adopt Resolution 425, a Resolution of the City Council of the City of Tiburon memorializing the 75th anniversary of the incorporation of its sister city of Belvedere, and urging the citizens of Tibu- ron to join with their Belvedere neighbors and participate in the special anniversary events scheduled for this spring and summer. Motion carried: Ellin\'lood , Fanning, Rice Sennett RESOLUTION IN RECOGNITION OF THE 75TH ANNIVERSARY OF THE INCORPORATIOn OF THE CITY OF BELVEDERE 425 adopted 7 Action: Becker suggested advising the applicant if the grading plans are changed, there might be a question as to whether or not the original approval of the plans still stands. He suggested council consider stricter requirements for exhibits being pre- pared for the city in the future, \'I7i th a view toward educating the public. Res Ellinwood reported the architect advised the soils report is such that it will require a change in cuts. She suggested in that event the whole matter should come before the council, at which time they can review the question of the use of the open space for parking. The City Manager presented to J:he council the Status Report on the Hoffmire Apartments landscaping. HOFFr-IlRE APARTlY1ENTS L1\NDSCAPING Action STATUS REPORT 6 Report received Ellinwood suggested the Planning Director and City Attorney pre- pare an outline draft of what might be included and excluded. She suggested consideration at the same time be given to a provi~ sion in the Zoning Ordinance for controling houseboats. There being no objection, the Chair continued this matter to the date to be set for dis~ussion of Item 12, Planning Commission Report of Zoning Ordinance Amendment Allowing Outdoor and Seasonal Uses in PD Zone by Temporary Use Permit. The Director of Community Development requested this matter be continued until council takes u~ pro~c2cdamendments to the zoning ordinance, Item 12. AYES: i~OES : ABSENT COUNCILrlEN COUNCILHEN COUNCILf\1EN Becker, Fanning None , Ellinwood Rice, Sennett Motion of Becker, failed: seconded by Ellinwood to table the matter, The City Manager advised the major property owner involved has agreed to enter into a formal agreement with the Marinero resi- dents in terms of this landscaping. 9 TRAFFIC ADVISORY COMMITTEE Action: Res. 427, 428, 429 RECOMMENDATIONS and 430 adopted Motion of Sennett, seconded by Fanning, to adopt Resolution 427, establishing a portion of Silver~do Drive as a stop intersection, carried: All Ayes. Motion of Fanning, seconded by Becker, to adopt Resolution 428, establishing a portion of Lyford Drive as a stop intersection, carried: All Ayes. Motion of Fanning, secondc~ by Sennett, to adopt Resolurion 429, establishing a purtion of Acela Drive as a stop intersection, carried: All Ayes. Notion of Fanning, seconded by Ellinwood, to adopt Resolution 430, establishing a portion of Centro East as a stop intersection, carried: All Ayes. 10. ANENDl1ENT OF CONTRACT Action: Continued WITH THE PUBLIC EMPLOYEES RETlREl1ENT SYSTEU The Chair introduced Lt. 11anick to the council and the audience. The City f.1anager referred to the letter from Public Employees' Retirement System dated February 16, 1972, explaining the require- ments for including the Tiburon Police in their system. It was moved by Fanning, seconded by Becker, to adopt Resolution 431, a Resolution of Intention to Approve an Amendment to Contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Tiburon. The Chair directed the matter continued in order that the council may review Exhibits A and B referred to in the resolution. 11. PROPOSAL TO BAl~ USE OF CHEMICAL PESTICIDES The City Manager presented a resolution the Belvedere/Tiburon Committee for the Environment had submitted concerning use of chemical pesticides. Mr. Pieter Myers spoke to the matter and requested council adopt the resolution. The Superintendent of Public Works advised the City does not spray on a regular basis, and any questions they may have in this regard are referred to the County Agricultural Commission. It was moved by Becker, seconded by Sennett, that the City Council create a clearinghouse run by staff, aided by the Belvedere/ Tiburon Committee for the Environment, which would provide infor- mation concerning alternative treatments. Hotion failed: AYES: COUNCILI-1EN: Becker, Sennett NOES: COUNCILMEN: Ellinwood, Fanning, Rice ABSENT: COUNCILI1EN: None It was moved by Rice, seconded by Fanning, that the council go on record as expressing its concern about the use of chemical pesti- cides and herbicides on the Tiburon Peninsulai that the council instruct its staff to make availa'lle to the Joint Committee on the Environment to the greatest extent reasonably feasible ahead of Harch 27, 1972 CITY COUNCIL MINUTES NO 274 Page 6 time information as to its chemicals and pesticides which the city is using or intends to use or have used for any of its programs; that the city staff be instructed to work with the joint committee so as to refer matters to the joint committee as the central clearinghouse on the Tiburon Peninsula on questions raised by residents to City Hall regarding the desirability, availability and advisability of the use of various herbicides. To a question by Mr. Sam Shapero, ~lr. Myers stated the committee has a budget from the two cities, augmented by the proceeds of the recycling depot. Question was called, and the motion carried: AYES: COUNCILNEN: Becker, Ellinwood, Fanning, Rice, Sennett NOES: COUNCILX-mN: None ABSENT: COUNCILHEN: None 12. PLANNING COMHISSION REPORT OF ZONING ORDINANCE Al-1ENDMENT ALLOt'lING OUTDOOR AND SEASONAL USES IN PD ZONE BY TEMPORARY USE PERr1IT This matter was set for public hearing on April 24. 13. SUGA ANNEXATION At the request of the City Manager, the Chair directed this matter continued to April 10, pending clarification of whether or not this matter must go to LAFCO. VI. QUESTIONS Urban Thoroughfare Program It was moved by Ellinwood that the City express its interest in participation in the Urban Thoroughfare Program in terms of the kind of county-wide use that Tiburon Boulevard and other city streets receive, and that council instruct its representatives present at the Mayors and Councilmen meeting to support continu- ance of the five-year program. The City Engineer strongly supported Tiburon Boulevard being a part of the urban thoroughfare program. Question was called, and the motion carried: All Ayes. Taxi Service Ellinwood reported she has received complaints about the ineffi- cient taxi service in Tiburon, and asked that the Franchise Agreement with the present taxi operator be reviewed. The Chair directed staff to take appropriate action. Plants, Tiburon Boulevard and Main Street Ellinwood stated plants at the corner of Bain Street and Tiburon Boulevard cause a visual blockage of traffic coming down the street. ParaQise Drive Pedestrian Walkway Ellinwood commended the City Engineer on the pedestrian walkway that has been begun from the Windjammer Restaurant along Para- dise Drive. 11arch 27, 1972 CITY COUNCIL MINUTES NO 274 Page 7 VI EXECUTIVE SESSION - At 11:17 p.m., the Chair adjourned the meeting to Executive Session. VII. ADJOURNf'.1ENT It being now the hour of 11:30 p.m., and there being no further business to come before the council, the Chair declared the meet- ing adjourned to Honday, April 3, 1972. /" / ~.L~ ~ BERT BA 6 ty Clerk/Managl APPROVED BY THE CITY COUNCIL ON: /(') , 1972. 1/ ~~/L :ITY OF TIBURON l1arch 27, 1972 CITY COUNCIL MINUTES NO. 274 Page 8 April 3, Page 1 CITY COUNCIL FOllowing discussion of advantages of the City retaining a consultant to advise it in the best methods to acquire open space, Rice moved I-IINUTES #275 1972 4. RETENTION OF FINANCING CONS UL TAN 'II It was moved by Sennett (seconded by Fanning) that the staff memo "Consideration of Rezoning Ridgelands, dated March 21, 1972" be referred to the Planning Commission for their study and recom- mendations to the Council by July 1, 1972. The motion was amended by Rice (seconded by Ellinwood) to have Council endorse the concept of skyline zoning and mandatory cluster zoning to maximum feasibility Possible. The motion as amended passed unanimously. The Director of Community Development reviewed the previous staff findings on zoning related to the open lands. The effect of a skyline Zone to preserve ridge crests and other prominent elevations was discussed. It was pointed out an Open space plan plus cluster zoning would be an effective tool to preserve the ridge crests but the Council agreed that a skyline zone was necessary for the most effective control. 3. PRESERVATION OF OPEN LANDS BY ZO~lING A general discussion of the details of the plan took place. It was agreed that this was a tentative plan which would be followed by the Williams and Mocine final plan as the map to be adopted. The Director of Community Development presented the map which showed staff recommendations for the preserving of Open space along the ridge crest and lateral corridors extending up from Tiburon Boulevard. The plan called for the acquisition by purchase of certain parcels and the acquisition by development control of other areas. FOR OPEN SPACE La~DS 2 PRESENTATION OF PLAN The Chair explained that final consideration of the moratorium extension, and properties to be included, would be held on April 10, 1972. Irving ~~ulin requested that his property (Parcel 19) be excluded as he has an approved Subdivision with improvements already in. The Chair requested the Deputy City Attorney to determine the legality of including the parcel in the moratorium. In response to the Chair, the City Manager reported that by law the first extension of the moratorium cannot be more than 8 months. Upon expiration of that time, a final extension of one year can be made. The extension can be done as an emergency ordinance by a four-fifths vote. 1. PROPOSAL TO EXTEND MORATORl PH III PRESENT: ABSENT: EX OFFICIO: COUNCILHEN COUNCILI,mN . . . . II An adjourned meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Denis T. Rice at 8:05 p.m., April 3, 1972, in the City Hall Council Chambers. ROLL CALL Hayor Rice, Becker Bert Balmer, City f.1anager/ l1inute Clerk Richard Arjo, Dir. of Community Development Richard Breiner, Deputy City Attorney BUSINESS OF THE BOARD EllinwoOd, Sennett, Fanning I CITY COUNCIL CITY OF TIBURON CALL TO ORDER CORRECTED MINUTES seconded by Ellinwood) to endorse the hiring of a consultant. Question was called, and the motion carried: AYES: COUNCILMEN: Ellinwood, Rice, Fanning NOES: COUNCILMEN: Sennett ABSENT: COUNCIL!1EN: Becker The Chair requested an Executive Session at 7:30 p.m. on April 10 to complete interview of firms which had applied for the consulting position, and a second Executive Session at the end of the regular meeting to permit the Council to hire a consultant. S. PROPOSED AHENDI1ENTS TO ZONING ORDINANCE The Council had previously requested that Councilmen submit in writing any recommendations they might have to amend the Zoning Ordinance. Written recommendations were received from Ellinwood ~~~ Fanning, Becker and Rice. Fanning spoke of the need ior Council review of multiple develop- ments and condominiums. The Director of Community Development explained that condominiums are now controlled by the Subdivision Act, this requiring COuncil approval. The problem, however, is that the original development of R-3 lands requires only Board of Design Review. To correct this he has recommended to the Planning Commission that the ordinance be amended to provide for Commission and Council approval It was moved by Fanning (seconded by Rice) that an urqency ordinance be drafted requiring Commission and Council review of all R-3 developments, and that this subject be remanded to the Commission for recommendation to the Council by April 24. l.fotion carried by unanimous vote. Ellinwood discussed the necessity of restructuring the Board of Design to make it more effective in carrying out its duties. The Director of Community Development stated that the Planning Commission was already studying possible changes in both the Board of Design Reviel'i and the Board of Adjustments. EllinwOOd pointed out that covered parking is not now required for any development. Sennett moved (seconded by Rice) to amend the Zoning Ordinance to require covered parking. P1otion carried by unanimous vote. Ellinwood discussed the importance of controlling change of uses in commercial zones. It was moved by Rice (seconded by Sennett) that a use permit procedure be applied to such changes. l.fotion was carried by unanimous vote. Ellinwood moved (seconded by Sennett) that conditional uses per- mitted by permit be listed in each section of the Zoning Ordinance rather than in the present method of listing all such uses in a separate section. The motion was carried by unanimous vote. The Chair directed that other proposed amendments that were submitted are to be referenced to the Planning Commission and staff for study and recommendations. IV. ADJOURNf1ENT It being now the hour of 11:00 p.m., the Chair declared the meeting adjourned sine die. (/f) / - ~A-/~ z.~ '- BERT BALHER, C.l. ty ager/Clerk APPROVED BY THE CITY COUNCIL ON: / (') , 1972. ON Ap ri 1 '3, 1972 CITY COUNCIL MINUTES #275 Page 2.. CITY COUNCIL IIIHUTES NO 276 April 10 Page 1 , An ordinance entitled h~ URGENCY INTERI~1 ORDIN&~CE OF THE CITY OF TIBUROL~ EXr.l'ENDIUG ORDI1~ANCE NO. 82 N.S. AND AUEl~DING SECTIONS 1, 2 ~~D 3 OF ORDINAl~CE NO. 82 NoS., being an urgency interim ordinance, came on for adoption at tllis time. 1972 EXTENSION OF URGENCY INTERIM Action ORDINANCE CONTROLLING PROPERTY DEVELOP~~~T t1ITHIN OPEN SPACE STUDY ZONE adopted 1. There being no further corrections 1972, were approved as amended. Ord . 87 N.S 275 of April 3, . , Becker corrected page 2, tile first paragraph under Item 5, to read, "Uritten recommendations \'lere received from Ellinwood, Fanning, Becker and R:~~ce. ,; r1i.nutes No There being no objection, Ltinutes 275 waived. the full reading of the Chair declared There being no further corrections, were approved as amended. Uarch 27, 1972, Hinutes 274 of Ellinwood corrected pago 1 of the minutes, under the seccnd m~in pa~agraph, to read, aiuutes 267 and 268 . . .fI .. under . . . Paragraph changes to III, There being no objection, lanutes 274 waived. the C::air declared the reading of There being no further corrections, 1972, were approved as amended. , Ellinwood corrected the minutes was held at the Del Mar School; IIBusiness of the Council." Hinutes 273 of on page 1 to reflect the meeting and Paragraph III to read i.larch 22 There being no objection, Hinutes 273 waived. the reading of the Chair declared Nos. 273, 274, 275 Action Approved Ivlayor Rice, Sennett None Bert Balmer, City Manager Robert L. Kleinert, Ass't City Manager Robert I. Conn, City Attorney Jesper C. Strandgaard, Deputy City Engineer Richard Arja, Dir. of Community Development Louis V. Brunini, Supt. of Public Works Hellen K. Hecht, Minute Clerk III APPROVAL OF HINUTES ABSENT: EX OFFICIO COUNCILHEN . . Fanning, PRESENT: COUNCILHEN : Becker , Ellinwood, II The regular meeting of the City Council, City of Tiburon, California, was called to order by Mayor Denis T. ' ~ce at April 10, 1972, in the City HaJl Council Chambers. ROLL CALL State of 8:11 p.m., I CALL TO ORDER CITY COUNCIL CITY OF TIBURON CORRECTED MINUTES CITY COUNCIL MINUTES i~O. 276 April 10, Page 2 1972 ~~. Allan Littman urged council continue the matter to the next regular meeting for the new couLcil to take up, rather than voting on this matter on the eve of an election. Attorney Joseph Sheeks, representing 11r. Henry Ea~, requested his client's property be removed from the moratorium area. He stated council have not established a criteria for the selection of lands, and the use permit procedure is not useable as no developer will spend up to $50,000 preparing a site plan, as required by tile ordinance, in the hopes of the council granting a use permit. He stated L~. Ea~'s property is not going to be of any major consequence in an open space element, and urged it be deleted this evening. He stated plans are to develop the property in a manner which will permit the city to use a consider- able portion for open space. With the consent of the mover and the seconder, Becker amended the motion to include in Section 4, on page 2, line 3, "safety, comfort morals and general t'ielfare. . U ~lith the consent of the mover and the ordinance in Section 3 (c) 3, Permit Procedure." tile seconder, the Chair amended to read: "Section 3. 2!..!. At Upon the advice of the City Attorney that a separate urgency ordinance would have to be prepared for these parcels in order that proper notice would be given to the interested parties, Rice Witildrew his motion, with the consent of the seconder. There being no objection, the Chair ruled that for the next meeting staff agendize either a gO-day ordinance covering those parcels on an urgency basis, or the council be asked at that time to set a hearing, in a normal published way, for a longer period of time. this time the Chair read Ordinance 87 N.S. in its entirety . It was moved by Rice, seconded by Sennett, to include Parcel which would include the following parcel numbers: 39-08117, 39-08118, 39-12110, 39-12109, 39-12108, 39-12111, 39-12107, 39-12106, 39-12105, and 39-08108. 30, In response to a request by Mr. Moulin to also exclude a small portion of Unit 3, Sennett recommended rather than council's taking action at ~lis time on the request, t~. ~ioulin should follow the use permit provision, as set out in the urgency ordi- nance. It was moved by Fanning, seconded by Sennett, to adopt Ordinance 87 N.S. as an urgency ordinance, with the amendment to exclude from Exhibit A that portion of Parcel 19 knm1n as Mount Tiburon Unit 3. which has already been developed. AYES: l~OES : ABSTAIl'J : ABSENT: COUNCILNEN: COUNCILllEN: COUNCILHEN: COUl~CILHEH : E11intIJood None Becker None , It was moved by Fanning, secon,led by Ellinwood, that the ordinance be read by title only. tlotion failed (the City Attorney having advised an urgency ordinance requires five affirmative votes to pass): Fanning , Rice , Sennett IJtt. Irving i10ulin requested his property be deleted from the lands included in the moratorium. In response to a question by the Chair, the City Attorney stated because of the substantial work and improvements to this property, tile final map having been approved, streets having been dedicated and subdivision improve- ments put in, t~. Moulin has a vested right to continue on with his development. Mr. Al Aramburu urged the council to take a strong stand in con- tinuing their open space acquisition plans. llr. Rampton Harvey questioned \'I1hether the use permit procedure would be consistent with ~e intent of the Open Space Plan. The City Attorney responded the Government Code requires the ordi- nance be consistent with the Open Space Plan. RECBSS A recess was taken at 9:30 p.m., the council reconvening at 9:40 p.m., the roll standing as originally taken. With the approval of the mover and the seconder, Rice amended the ordinance on page 2, under Section 3.C., line 13, to strike "proposed" and insert "contemplated open space plan . II . . ~~. Gordon Strawbridge urged council pass the ordinance this evening. I~. Tak En~moto requested council exclude Assessor's Parcel 55-261-10 from the open space moratorium. He stated the property is presently zoned R-l, which, according to staff recommenda- tions, can be rezoned to R-l-C. He presented a sketch of a cluster development which would achieve maximum open space within the parcel. On the basis the request was made to the council and the council should respond, Becker moved to exclude Parcel 26. Hotion died for lack of a second. The Chair stated for the record it should be clear the council has not acted hastily, and since January 31 the public has had full and adequate opportunity to present their views. All property owners have been notified of council's intentions in writing. He stated the council should vote tonight, having started the moratorium procedure in January, having conducted a great many special hearings, inventoried tLe land and done all of the back- ground work to determine the ext~nt to which, either by zoning or by acquisition programG or through a compination, part of this land can be kept open. He stated in his opinion there must be an extension of this moratorium in order that the council can be able to properly discharge what it has to do. All of the new councilmen are capable of handling any burden an extension of the moratorium may impose, and it is incumbent upon the council to carry out their plans for the open space element. He stated r~. !Damoto's parcel is suitable for cluster development, but tonight is not the proper time to to.ke action on the.~.request. Becker stated for the record he is abstaining from voting as he was originally involved with parcel 24. tfuen the moratoriumwAscomP~ED hestated he severed his connection with that property and there is now no grounds for a conflict of interest, but he is abstaining in case there is doubt in anyone's mind. Question was called, and the motion to adopt Ordinance 87 N.S., as amended, carried: AYES: COUl~CILHEN : Ellinwood, Fanning, Rice, Sennett iJOES : COUNCILHEN: None ABSTAIN:COUNCILHEN: Becker ABSENT: COUNCILMEN: None 2. GOLDEN GATE BRIDGE HIGHWAY & Action: SUPPorted Golden Gate TRANSPORTATION DISTRICT PROPOSAL Br. Dist. TO PURCHASE ADDITIONAL BUSSES & FERRYBOATS It was moved by Fanning, seconded by Sennett, that a letter be directed, over the Mayor's signature, supporting the Golden Gate April 10, 1972 CITY COUNCIL HINUTES NO. 276 Page 3 Bridge and Highway District's request for federal grant to improve the bus and ferry service to and from Marin County. notion carried: AYES: COUNCILI1EN: Becker, Ellinwood, Fanning, Rice, Sennett NOES: COUNCII,I1EN: None ABSENT: COUNCIL~1EN : None 3. BLACKIE'S PASTURE The City Manage= reported the City Attorney is drafting up an agreement with the Tiburon Peninsula Foundation which will put in city ownership two-thirds of Blackie's Pasture. A meeting is scheduled Wednesday morning with the Division of Highways to show them the realignment of the Trestle Glen intersection as approved by the Council. Upon their acceptance of the realignment, the City will be in a positi:')n to acqu.Lre the remaining one-third of this property as part of the highway right-of-way. The Chair directed staff present the basic documents for council revie~'l, and tha.t the agreement be finalized as soon as possible. 4. AUENDr.mNT OF CONTR..7\CT {11TH THE PUBLIC El1PLOYEES t RETlREI'1ENT SYSTEH Continued to April 24th. 5. POLICE DEPART~mNT OFFICE IIWROVEHENTS The City Manager reported they have received three bids, the l~~est being from Joseph B. Redmond in the amount of $11,558.90, which he would recommend council accept and that staff be auth- orized to negotiate with the contractor to reduce this amount by approximately $3,000 by eliminating certain of the improvements. After council discussion, it was moved by Sennett, seconded by Becker, that the council accepts the bid of Joseph B. Redmond, building contractor, \vi th the condition that the staff be directed to negoti'3.t.~ the prices of the contract to require it to be substantially ~cduced so that the overall budget estimate for the Police Department for the rresent fiscal year not be exceeded by reason of the final negotia.tc;d price of this contract. Notion carried: AYES: COUNCIJ...I-8N: Becker, Ellinwood, Rice, Sennett NOES: COUNCILIIEN: F f~nn.:L:lg ABSENT: COUNCILHEN: NO!1C 6. SERAFINO ANNEXATIC.~ PROPOSAL Continued to April 24. 7. STONE TOtmR EASEBENT STATUS REPORT Ellinwood furnished an oral report regarding the status of the Stone Tower easement. She stated the easement haG . , still exioto DiRac it has hli~ been recorded. The the entire parcel on which the Stone Tower rests is $500. It "'las moved by Fanni.ng, seconded by Sennett, that the Mayor be authorized to write a letter to Dr. Caceres exploring the possi- bility of acquiring the Stone Tower parcel under the city's owner- ship and expressing the thought this property ",ould b! li--en,cont,nue to be 9\Ven credit for the area needed for his sideyard n.riaR98&. se"t ba..cK's, ~tr. Gordon Strawbridge stated if the city acquires the Tower, the Landmarks Society will do all they can to prevent it from falling down. April 10, 1972 CITY COUNCIL MINUTES NO 276 Page 4 CITY COUNCIL ~1INUTES NO 276 April 10, Page 5 AYES: NOES: ABSENT : COUNCILI-JEN COUNCILHEN COUNCILHEN Becker, None None 1972 l-1otion Claims Ellinwood, of Becker, seconded by Fanning, i~o. 92, carried: Fanning, Rice, Sennett to approve Register of REGISTER OF CLAIMS The Chair directed the above reports received by the council. SUSPENSE CALENDAR CLAIHS REGISTER POLICE REPORT v It was moved by lice, seconded by Fanning, that the City ~1anager prepare a report on the Redevelopment Agency by the first meeting in May. Motion carried: All Ayes. REPORTS The Chair reported in the event Topodynamics does not resent a plan for the downtown area compatible with the~~~ Plan, the City should be prepared to set up a Redevelopment Agency for downtown. He stated he would like the council to request the City Hanager to develop for the first meeting in Hay a report summarizing what is involved in setting up the Redevelopment Agency. Developers he has spokl?n with have indicated an interest in the type of plan Tiburon has for the do~mtown area and have indicated a willingness to work with the city. He stated the new Topodynamics plan will be submitted next month, and he would recommend council have the option of considering their plan along with the report on the Redevelopment Agency. He stated even if the city never acquires an acre of land, it can still set up the Redevelopment 1t:i:aR. A Ge.Ne,!. 9 REDEVELOP~~~T AGm~CY FOR DOvn~Ovm The Chair stated as there has:, been strong opposition to a four- lane highway, stop signs are a necessity for safety reasons on the present two-lane road. AYES: NOES; ABSENT: COUNCILHEN: COUNCILr~1EN : COUNCILHEN: Becker, Rice None Ellin~lood I Sennett requested the City Engineer prepare specific recommenda- tions in this regard, and moved, seconded by Fanning, to table the matter. Motion carried: Fanning, Sennett It was moved by Becker, seconded by Rice, to approve stop signs for installation at Avenida rtiraflores, Rock Hill Drive and Lyford Drive. Sennett requested staff submit positive recommendations before action is taken by council. Ellinwood questioned the possibility of stop signs on Tiburon Boulevard causing traffic to stack up, creating a hazardous situation. Becker suggested communicating further with Belvedere for their recommendations on the San Rafael intersection. Fanning suggested the Traffic Safety Committee be asked to make recommendations before stop signs are put in on Tiburon Boulevard. Council received the report from the City Boulevard improvements. 8. TIBURON BOULEVARD IHPROVEHENTS Hanager on Tiburon VI EXECUTIVE SESSION - At 11:15 p.m., the Chair adjourned the mer~i~~ hO ~xecutive Session,. for the purpose of discussing matters 0 1 ga 10 . VII. ADJOURNHENT It being now the hour of 11:45 p.m., and there being no further business to come before the council, the Chair declared the meeting adjourned sine die. ( 2~ 1;L~ BERT BJ IERj :y C lerk/l-lanager APPROVED BY COUNCIL ON:.'; - , 1972. MA Or<LN April 10, 1972 CITY COUNCIL HINUTES NO 276 Page 6 CITY COUNCIL CITY OF TIRUROr! I CALL TO ORDRR - A special meeting of the City Council, City of Tibron, State of California, '~as called to order by ilayor Denis T. Rice at 6: 30 p.m., April 18, 1972, in the City Hall Council Chamhers. II. ROLL CALJJ PRESENT: COtJNCILr1EN: Mayor Rice, Recker, Ellinwood, Fanning, Sennett ABSENT: COUNCILl'.1ENL None EX OFFICIO: Bert RaImer, City rtanager/Clerk Richard Rreiner, Deputy City Attorney III BUSINESS OF TPE BO.~RD 1. CERTIFYING THE RESULTS OF THE TIBURON MUNICIPAL ELECTIONS HELD ON APRIL 11, 1972. The City Clerk certified that the results of the election were as follows: Anne L. Ellinwood 998 Albert Aramburu 955 Allan N. Littman 900 Moved by Sennett, seconded bv Becker, to adopt Resolution No. 431, certifying the results of the Tiburon r.1unicipal Election. All Ayes. 2. CONSIDERATION OF REQUEST FOR RECOUNT OF ELECTION RRSULTS. The Council heard before it a letter from Councilman Ellinwood alleging that because of mistake, error, or misconduct, the voters in a precinct were so incorrectly counted that the returns do not correctly show which cannidate received the plurality of the votes cast for the office in the precinct. At the request of Fanning, Ellinwood's letter requesting a recount was corrected to include the languaqe prescribed by Article 6 of the Elections Code. lbved by Sennett, seconded by Becker, to adopt Resolution No. 432, calling for a recount of ballots, appointing a recount board, and fixing 9:00 a.m., April 24, 1972, in the City Hall Council Chambers as the time and place for the recount. IV. ADJOURNrmNT It being now the hour of 7.10 p.m., the Chair declared the Meeting adjourned to Monday, April 24, 1972. ~ I~ 06 ~~ ~ nERT BALr1E~ eit ~rk/Hanager fCIL ON: ~, 1972. ~Q#' fRON .7\pril 18, 1972 CITY COUNCIL l"lINUTES NO 277 Page 1. CORRECTED MINUTES CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Denis T. Rice at 7:45 p.m., April 24, 1972, in the City Hall Council Chambers. II. ROLL CALL PRESENT: COU1-JCILNEN: Mayor Rice, Becker, Ellinwood, Fanning, Sennett ABSEi~T : COUNCILHEL~ : None EX OFFICIO: Bert Balmer, City Manager Robert L. Kleinert, Ass't City Manager Robert I. Conn, City Attorney Richard Arjo, Dir. of Comm. Development Stanley Bala, City Engineer Louis V. Brunini, Supt. of Public Works Maurice D. Lafferty, Chief of Police Hellen K. Hecht, Hinute Clerk III. APPROVAL OF UINUTES No. 276 Action: Continued Approval of Ilinutes No. 276 '-1as continued. IV. COUNCIL UNFINISHED BOSINESS The 11ayor acknowledged and signed a number of official City thank- you cards for contributions to th~ Land Acquisition Fund from Dr. and llrs. George Ellmanl 11r. and 1'1%"s. Sennett, Dr. ~"1illiam B. Anderson, the Belveron Association, the Al Aramburu Campaign Conuni t tee, Hr. and ~irs. Halter G. Andre~'1s of Belvedere, and !1r. and Bra. Gordon Stra\'lbridge. He stated the Stra\'lbridges have donated to the fund every year since 1965. Sennett presented to Mayor Rice, on behalf of the council, a card with a special poem to the Mayor and a box of cigars as a token of their thanks and appreciat~on for his services as X-lay or . Hayor Rice expressed his thanks to his fell~" council- men and wished them well for their remaining two years in office. v. CERTIFICATION OF ELECTION RECOm~T The City 14anager reported the election recount did not change the results of the electio~ T~~count vote did ~ change Ellint..,ood' s total t1& 898", c s n' ato 902, but being the results of the first erection still held, Resolution ~o. 431 adopted by council on April 18 certifying the results of the election still stands and is now effective. At this time the Chair declared the present City Council dis- solved and directed that ~ new City Council be reconstituted. The Chair paid tribute to 1-1is8 Ellin\\1ood for her loyal and much appreciated services to the City Council, as well as county, regional and other governing bodies. He expressed his apprecia- tion and thanks for her tenure in office. Ellinwood thanked is considering the {,layor and announced she ,\~)I~Iftf.~aiiJ-.'her--iiame---as -8 submitting candidate for the Planning Commission whenever a vacancy occurs in order that she may continue to serve the city. RECESS A recess was taken at 8: 10 p.m., t-._~th council recGnveninq at 8:20 p.m. CITY COUNCIL MINUTES NO 278 April 24, 1972 Page 1 VI SEATING OF NE!~ CITY COONCI .\ The City ~~ager/Clerk signed and presented to Counci~ Littman and Aramburu Certificates of Election. The oaaa It)f office '-las then administered by the City Nanager/Clerk,and the na1 councilmen were welcomed to the Council and seated at the table. VII. ELECTION OF HAYOR The City Manager/Clerk assumed the Chair for the purpose of receiving nominations for the office of Hayor of the City of Tiburon. It '-1as moved by Fanning, seconded by Aramburu, that lIr. Albert Sennett be nominated for M3yor. Fanning further moved nomina- tions be closed and that a unanimous ballot be cast in favor of Hr. Sennett. The Chair declared the election of Mr. Sennett as Hayor of the City of Tiburon by unanimous vote. At this time Mayor Sennett assumed the Chair, and asked for nominations for r1ayor pro tern. Becker nominated Allan Littman, seconded by Fanning, for Mayor Pro Tern. Fanning moved nominations be closed and that a unanimous ballot be cast in favor of Mr. Littman. The Chair declared a unanimous ballot as having been cast in favor of Allan Littman as Hayor Pro Tem of the City of Tiburon. Littman paid tribute to ~liss Ellinwood for a very fine campaign and a v~ry fine speech given earlier to the council. RECESS A recess was taken at 8:17 p.m., the council convening at 3:27 p.m., with the new council being in full attendance. VIII. BUSINESS OF THE COm~CIL BLACKIE'S PASTURE The Chair presented to the council a draft of a proposed agree- ment between the City of Tiburon, Samuel Shapero and the Tiburon Peninsula Foundation. It was moved by Fanning, seconded by Becker, that the 11ayor be authorized to sign the necessary documents to complete this transaction. Question was called, and the motion carried: AYES: COUNCILNEi'l : Aramburu, Becker, Fanning, Littman, Sennett NOES~ COUNCILl..mN : None ABSENT: COUNCILlmN: None Hr. John Hoffmire announced lIr. Shapero is in the hospital recovering from a heart attack. The Chair directed a letter be prepared for his signature thanking Hr. Shapero for his gift to the city and wishing him a quick recovery. CITY LIEN ON PROPERTY Ovn~ED BY RAYI10ND & VIRGINIA NOEL The City Manager presented to the council a resolution releasing the lien imposed by a former resolution on property owned by Raymond and Virginia Noel. He stated litigation in this matter has been settled between the city and the Noels, and in order to complete the settlement the Ci ty~\ttorney has requested the Council adopt the proposed resolution at this time. April 24, 1972 CITY COUNCIL MINUTES NO. 278 Page 2 liotion of Fanning, seconded by Becker, to adopt Resolution 433, a resolution releasing lien imposed by Resolution No. 166, carried: AYES: COUNCILHEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSE1~T: COUNCILNEN: None 1. ZONING ORDINANCE M1ENDNENT ALLOHING OUTDOOR AND SEASONAL USES IN PD ZONE BY TEl.1PORARY USE PERMIT Continued to May 8. 2. REQUEST FOR RICHARDSON BAY PATHNAY LINEAL PARK UASTER PLAN Continued to first budget hearing. 8. SERAFINO M~NEXATION PROPOSAL Action: Adopted staff recommendation It was moved by Fanning, seconded by Becker, to accept the staff recommendation to approve this annexation as proposed and the matter be referred to the Local Agency Formation Conunission for their review. Hotion carried: AYES: COUNCILNEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILI1EN: None ABSENT: COUNCIU.mN: None 3. opm~ SPACE ACQUISITION Action: Received V. Perry's FINANCING report Mr. Vernon Perry, financing consultant, reported his firm had been hired to structure a financing guide to acquire the open space "under council consideration. He stated they will examine general obligation bonds, recommendations as to possible bene- fits of redevelopment, joint possibilities between the city and county or other agencies which may be interested in an open space program, and Federal and State moneys that may be avail- able. He stated within 60 days they will present a written report as to their progress and a financial plan for council approval. In response to a question by Sennett, l-1r. Perry stated council should make a final decision on the general obligation bonds 72 days before the election. The Chair directed this matter agendized in May so that council can reach a decision on general obligation bonds by June. He further directed monthly status reports be prepared for council review. The City ~1anager reported the Board of Supervisors have before them a letter signed by flayor Rice, with their staff recommenda- tion for approval of the request that tile county immediately assign their staff to \I]ork '"lith the City of Tiburon staff on the open space program. 4. ZONING OP~INANCE AV~ND~mNT TO REGULATE CAHPING ON PRIVATE PROPERTY Continued to May B. 5. URGENCY ORDIN&~CE TO CONTROL Action: Ord. 88 N.S., as amended, DEVELOPIvIENT IN R-3 ZONES adopted An ordinance entitled M~ URGENCY INTERIM ORDINANCE OF THE CITY OF TIBURON PROHIBITING THE DEVELOprmNT OR SUBDIVISION OF PROPERTY t'lITHIN THE R-3 ZONE NHICI-I HAY BE IN CONFLICT t'lITH CONTEr1PLATED ZONING PROPOSALS, being an urgency ordinance, came on for intro- duction and adoption. CITY COUNCIL HINUTES NO. 278 April 24, 1972 Page 3 Mr. Howard Ellman, representing the owners of the property behind the Tiburon Peninsula Club, gave the history of the property and stated the developer has worked closely with staff in preparing the development plans. He requested their property be excluded from the moratorium area, and stated they would be willing to have their plans reviewed by the Board of Design Review and the City Council. I'1r. Kurt Heath requested Lot 14 on Uarinero Circle also be excluded from the open space study. Former Mayor Rice and Planning Commissioner Allan Thompson urged the council adopt the ordinance. It was moved by Becker, seconded by Fanning, to adopt Ordinance 88 N.S. It was moved by Fanning, seconded by Becker, to amend the ordi- nance in line 5 of Section 1, to read: "... which wdbld require review by the City Council insofar as developmenti/in the R-3 zone is concerned, and which "'ould . . . II Question was called and the motion carried: AYES: COUNCILr.mN: Aramburu, Fanning, Littman, Sennett NOES: COm~CILrmN: Becker ABSENT: COUNCILl.'1EN: None It was moved by Littman, seconded by Becker, to amend the ordinance in Section 2, omitting the last three lines of that section and inserting, ". . . preservation of the public safety and general welfare in terms of density, traffic, drainage, slide conditions, and other matters material to the safe and proper development of the R-3 area of the City of Tiburon.CI Hotion carried:: AYES: COffi~CILlmN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILi1EN: None ABSENT: COUNCILilEN: None Fanning moved to amend the ordinance to. insert in Section 1: "Further, no rou! tip!e dt'lelling units in any zone may be converted to condominiums without prior approval of the City Council. II Upon the advice of the City Attorney, Fanning withdrew his motion, with the suggestion that this matter be t~cen up at some future date. The Director of Community Development reported condominiums do require processing under the subdivision ordi- nance. Question was called on the motion to adopt the ordinance, as amended, and the motion carried: AYES: COUNCILllEN: Aramburu, Fanning, Littman, Sennett i.JOES: COUNCILllEN: Becker ABSENT: COUNCILIlEN: None It was moved by Littman, seconded by Fanning, that the Planning Commission be directed to consider the matter of R-3 rezoning as a matter of urgency on the Planning Commission agenda. Motion carried: AYES: COUNCILllliH: Aramburu, Becker, Fanning, Littman, Sennett i~OES : COUNCILl-1EN: None ABSENT COUNCILLLEN: None April 24, 1972 CITY COUNCIL 11INUTES NO. 278 Page 4 CITY COUNCIL r lINUTES NO. 278 April 24, Page 5 1972 Littman stated that since this ordinance covered ~ifferent land than was covered by the prior urgency ordinance, that different considerations applied here, in his opinion The City Attorney objected to the proposed amendment to the ordinance on the basis that it may be unfair and discriminatory as compared with the interim ordinance covering the remainder of the ridge property in that the previously adopted interim ordinance does not allow building as a matter of right, while the proposed amendment would allo\'l such improvements. The City Attorney stated that the legal basis for adopting the urgency ordinance is Section 65858 of the Planning and Zoning Law which provided that the legislative body, to protect the public safety, health and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated zoning proposal which the legislative body, planning commission or the planning department is considering or studying or inten~~gr~dy within a reasonable time; but since the basis and the ~for adopting the ordinance is that council is prohibiting uses because tiley are studying an open space plan, it is inconsistent to first prohibit uses under the authoritY~abia~ of Section 65858 and then turn around and allow uses thorizing( preseritly,\~i~ by the zoning ordinance as a matter of right. au ", The City Attorney suggested that if that was \-That the council desired, it \'lould be preferable not to adopt the present urgency ordinance but rather to handle improvements on the property involved by amending the Zoning Ordinance to provide for some type of design review by the council. It was moved by Littman, seconded by Becker, to amend the ordi- nance by adding at the end of Section 3-C, "Provided that the use permit procedure shall not be used to prevent the owner of the property from being able to have no more than the number of units on such property as the ar~a is now zoned for, treating all the parcels as a whole.u Planning Commissioner Robert ~Jayne and former Mayor Rice spoke in favor of the ordinance in that it encompasses property which is part of the general trails plan and also development of this property will affect development on the entire side of the ridge on which it is located. Littman objected to the ordinance on the grounds it required the owner of a property to obtain a use permit in order to build which would be consistent with something contemplated and not standards already adopted by council. It 89 was moved by Fanning N.S AYES: HOES: ABSENT COUNCIL11EN: COUNCILi1EN: COUNC ILL lEN : , Aramburu None None seconded by Becker, to adopt Ordinance Motion of Becker, ordinance in its carried: , seconded by Fanning, to waive reading of the entirety and that it be read by title only, Becker , Fanning, Littman, Sennett An ordinance entitled M~ URGENCY INTERIf.l ORDINk~CE OF THE CITY OF TIBURON PROHIBITING THE DEVELOPlmNT OR SUBDIVISION OF PROPERTY WITHIN THE R-3 ZONE ~mICH r,my BE IN CONFLICT t1ITH CONTE~~LATED ZONING PROPOSALS, being an urgency ordinance, came on for intro- duction and adoption. 6 URGENCY INTERIM ORDIN&~CE REGULATING DEVELOPNENT OR SUBDIVISION OF CERTAIN PROPERTY BY USE PERl lIT Action Ord. 89 N.5., as amended, adopted It was moved by Becker seconded by Sennetk~ to table the ordinance. I4otion failed: \ :\\ AYES: COUNCILNEN: Becker NOES: COUNCILNEN: Aramburu, Fanning, Littman, Sennett ABSENT: COUNCILr1EN: None Question was called on the amendment of Littman, and the motion carried: AYES: COUNCILr.1EN : Becker, Fanning, Littman NOES: COUNCILIIEN: Aramburu, Sennett ABSENT: COUNCILr-1EN: None Question was called on the motion to adopt the ordinance, as amended, and the motion carried~ AYES: COUNCILHEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUNCIL~mN: None 7 PUBLIC E~~LOYEES RETIRErmNT Action: Res. 434 adopted SYSTEf.1 CONTRACT AHENDHENT It was moved by Becker, seconded by Littman, to adopt Resolution 434, a Resolution of Intention to Approve Amendment to Contract Between the Board of Administration of the Public Employees Retirement System and the City Council of the City of Tiburon. In response to a question by Sennett, the City r1anager responded retirement costs would be increased, because of the additional personnel on the .police force, by approximately $10,000. Question was called, and the motion carried: AYES: COUNCILHEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILHEN: None 9 HEARING DATE FOR NUISANCE ABATEtffiNT Action: Set for Hay 22 The Chair directed this matter set for"hearing on May 22, 1972. LYFORD DRIVE SIDEWALK The Assistant City Hanager reported this matter set for nay 22. IX. QUESTIONS In response to a question by Becker, the City Manager reported the Golden Gate National Recreation matter is agendized for the first meeting in May. X. ADJOURNHENT It being now the hour of 10:21 p.m., the Chair declared the meeting adjourned sine die. ~ -; lL ~ BERT BALl] :c Clerk/Hanager APPR rCOUNCIL ON: /' ~1972. - 11AYO ~~/ F TIBURON April 24, 1972 CITY COUNCIL MINUTES NO 278 Page 6