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HomeMy WebLinkAboutTC Min 1972 (May thru August) 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 ~Iayor Albert H. Sennett at 7:35 p.m., May 8, 1972, in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILHEN: Mayor Sennett, Aramburu, Becker, Fanning, Littman (7:42) ABSENT: COUNCIL~1EN : None EX OFFICIO: Bert Balmer, City ~Umager Robert L. Kleinert, Ass't City Uanager Richard Breiner, Deputy City Attorney Stanley Bala, City Engineer Maurice D. Lafferty, Chief of Police Richard Arjo, Dir. of Community Dev. Louis V. Brunini, Supt. of Public Works Hellen K. Hecht, Minute Clerk III. APPROVAL OF MINUTES Nos. 276, 277, 278 Action: Approved as amended It was moved by Fanning, seconded by Aramburu, to approve Minutes lio. 276. The Chair submitted the following corrections requested by former Councilman Ellinwood: On page 2, the second paragraph from the bottom should be corrected to reflect the correct spelling of ~~. Henry Eavey in lines I and 7. On page 3, in paragraphs 6 and 8, the spelling should be corrected to l~. Tak Enamoto. Paragraph 9 should be corrected in line 2 to read: "When the moratorium was imposed he stated he severed . . . and is now no . .. . . - On page 4, item 7, line 2 should read: "She stated the easement has never been recorded. The assessor's valuation of the entire parcel . .. . . The second paragraph under Item 7, line 4, should read: It. . . would continue to be given credit for the area needed for his sideyard setbacks." Item 9, page 5, line 2, should read "Downto,..rn Plan; and the last line of that paragraph should read "Redevelopment Agency." Page 6, line 2 of the first paragraph should read, tI . . . Session for the purpose of discussing matters of litigation." Fanning requested page 2, paragraph 3, include after "Unit 3," "which has already been developed." Question was called on the approval of Minutes 276 of April 10, 1972, and the minutes were approved: AYES: COUNCIL~.mN : Aramburu, Fanning, Sennett NOES: COUNCILHEN: Becker ABSENT: COUNCIL~ml~ : Littman Hay 8, 1972 CITY COUNCIL UINUTES NO. 279 Page 1 The Chair submitted the fOllowing corrections requested by former Councilman Ellinwood in writing to Minutes 277 of April 18, 1972: The first paragraph under Item 2 should read: tI... because of mistake or error, ~t/~-~_~~~tt the votes in all precincts · · . officein ~ precinct. II - The Chair approved of the correction as f1iss Ellinwood's original letter did not include the words nor misconduct." There being no further corrections, Minutes 272 were approved as corrected. It was moved by Fanning, seconded by Aramburu, to approve Ilinutes No. 278 of April 24, 1972. The Chair submitted the following written corrections requested by Ellinwood: Page 1, under V, line 2, should read, liThe actual recount did not change Ellinwood's total of 898 votes but increased Littman's to 902 . . .ft - Paragraph 3 under V, line 5, should read, II . she is con- . . sidering submitting . .. . . At the request of Fanning, page 4 should be corrected to insert the following paragraph at the beginning of the page: "It ,,,as moved by Becker to waive the reading of the entire ordinance and that it be read by title only. The motion died for lack of a second. The Chair read the ordinance in its entirety." At the request of Fanning, the first paragraph under Item 6 on page 5 was corrected to read: "An ordinance entitled AN URGEHCY ORDINANCE OF THE CITY OF TIBURON REGULATING, BY USE PERI~IT, THE DEVELOPUENT OR SUBDIVISION OF PROPERTY WITHIN THE CITY OF TIBURON walCH 11AY BE IN CONFLICT WITH CONTE~~LATED ZONING AND PLN~ING PROPOSALS, being an urgency ordinance, came on for intro- duction and adoption. Ques tion t"as called I and Hinutes 278, as corrected, were adopted: AYES: COUNCILl-1EN: Aramburu, Fanning, Littman, Sennett NOES: COUNCILNEN: Becker ABSENT: COUNCILlIEN: None IV. BUSINESS OF THE COUNCIL APPOINTI.IENTS The Chair made the following appointments: Carlisle Becker as the representative to the Association of Bay Area Governments; Al Aramburu to the CitY-County Planning Council, with Carlisle Becker being the alternate; To the Lands and Development Committee, Fanning and Aramburu; To the Public Services Committee, Becker and Littman. Hay 8, 1972 CITY COUNCIL MINUTES NO. 279 Page 2 CITY COUNCIL NINUTES NO 279 l'-Iay 8, Page 3 1972 The Chair remanded the study of Tiburon Boulevard to the Public Services Committee, to work with the City Engineer, the Division of Highways, and the Fire District, for the consideration of additional stop signs on Tiburon Boulevard and the matter of the San Rafael intersection. The Chair charged the committee with studying further the City Engineer's report, as well as reports, prepared in the past, and to keep the council advised of all per- tinent developments. AYES: NOES: ABSENT COUNCILNEN COUNCILlJEN COUNCIIJ1EN Aramburu None None , Becker, Fanning, and the motion carried: Littman , Sennett Question was called on Becker Mr. H. Taylor, Assistant District Engineer, responded Tiburon Boulevard is unsafe, but the State has their priorities and a limited amount of funding. 's motion Littman supported stop signs as an interim measure only and requested the State Division of Highways include in their budget as an urgency item $40,000 for a stop light on Tiburon Boulevard, which he stated would be minimal compared to the costs the State could incur should there be a death on the highway and a resulting lawsuit against the State for their not correcting a hazardous situation. It was moved by Becker, seconded by AramburQ, to install stop signs at Avenida ~liraflores at the earliest feasible time. Messrs. Chester Judah, John Hoffmire and Bruce Flannigan spoke in support of stop signs. Planning Co~issioner Robert Wayne objected to stop signs. ~lr. Fred Hannahs and Chief Frank Buscher of the Tiburon Fire Department spoke against stop signs on the basis they will cause traffic congestion and make it impossible for fire trucks to respond to emergency calls. In response to a question by Aramburu, ~lr. Kakos stated if a stop sign were put in and did not work, it could be removed. In response to Aramburu's question about overpasses or underpasses, the City Engineer stated the cost is prohibitive and he doubted that pedestrians would use them. Fanning recommended one stop light between Avenida Miraflores and Tiburon in order to interrupt the flow of traffic. He stated in his opinion a number of stop signs would present a dangerous situation and would not achieve the desired results To a question by Littman cost between $30,000 and State until 1973 or 1974 for stop signs. Mr. Kakos stated a traffic light would $40,000, and could not be funded by the He stated the State will pay the costs , Mr. Steve G. Kakos, Assistant District Traffic Engineer, State' Division of Highways recommended stop signs as an interim measure, with adequate signing on the Boulevard for safety measures. 1. Install stop sign at Avenida niraflores The City Manager presented a report on the recommendation of the Division of Highl~ays for stop signs on Tiburon Boulevard. The City Engineer reviewed the results of the traffic counts taken by the Division of Highways at Avenida Miraflores, Rock Hill Drive, Lyford Drive and San Rafael Avenue. He recommended installing a stop sign at Avenida t.tiraflores, studying further signing for the three remaining intersections, and consideration of a stacking storage lane at San Rafael Avenue. TIBURON BOULEVARD STOP SIGNS Action: NO 279 l1ay 8, Page 4 CITY COUNCIL liThe Development Administr~tor shall give notice of the application no less than ten (10) days before acting on the application by mailing postcards to all property owners within 300 feet of the exterior boundaries of the parcel, or to such owners as in his discre :ion might be m~terially affected, using the o'i\Tnerships I names, and addresses from f:IINUTES 1972 It was moved by I,i ttman, Eeconded by Fanning, ordinance on page 2, after Section S(a): AYES: NOES: ABSENT: COUNCILMEN COUNCILHEN COUNCILEEN Ar amburu , None None to insert in the Becker, Fanning, Littman , Sennett Hotion carried It was moved by Littman, seconded by Fanning, to insert in the ordinance after Section I, "No horse may be kept or maintained in tile City of Tiburon without obtaining both a use permit under the provisions of the Zoning Ordinance and a license under the provisions of this ordinn.ncc II ielga The Chair referred to 12tt(~rs received opposing horses in resi- dential areas from I\1rs. HargaJ:et Sp9nce and Mrs. Norby; and a petition from Dr. JameD McCray signed by twelve homeowners object- ing to horses on the Co~~unity Congregational Church property. Brs. /f!fr1rfff Dougherty, ~1J~~. ChCi.rles Stine, r.1r. Bruce Flannigan and I.1r. Peter Hacgo\'Jan f! npp~rted horses being allowed on the Peninsula. Allan Thompson, vice chairman of the Planning Commission, stated conduct of horses has been left to the Southern Marin Horseman's Association, and is therefore not included in the ordinance. f.1rs. l1ary Price s'l:ggest~d horses be kept in certain locations and not allowed to wander throughout the city. 11r. Chester Judah read a letter to t..he council a3king that if horses are allowed in the city limits, they be ~estricted to certain areas. Mrs. Vickie 'VJinblad, Nr. Frank Yorkis and Hr. Al Anoulik supported a strict ordinance controllj.ng horses. It was moved by Becker, seconded by Fanning be deemed to have pasaed first reading. , that the ordinance On motion of Becker, s8c:>nded by Fanning, unanimous consent the reading of the full the ordinance was read by title only the Chair declared with ordinance waived, and An ordinance entitled AN ORi)INANCE OF THE CITY OF TIBURON ESTAB- LISHING LICENSING REQUIREMENTS FOR THE KEEPING OF HORSES: PRESCRIB- ING REGULATIONS FOR THE ~~INTENnNCE OF HORSES, CORRALS AND PASTURES, A1~D FOR THE HAINTENANCE OE' PRIVATE STABLES l1ITHIN THE LIHITS OF THE CITY OF TIBURON, carn~ on for introduction and first reading HORSE LICENSING ORDINAlJCF l'l'JD AL\1ENDHENTS TO THE ZONING ORDIN&~CE ALLOWING THE KEEPING OF SUBJECT' TO CCt!ViJ:fl ti'\)HL. USE PEl-liilIT Action HORSES Both ordinances passed first reading 2 A recess was taken at 9:00 p.m., the council p.m., the roll st~nding as origin "llly taken. reconvening at 9 :08 RECESS Becker announc~d the committee will also coordinate its studies with the City of Belvedere, the Planning Commission, and any interested citizens, and all meetings will be noticed and open to the public. nay 8, Page 5 CITY COUNCIL It tV'as moved by Littman, seconded by Sennett, to amend Section 1 (ll) to insert the following in line 3: n.. ./J.j.fttJft~j.ftS ordinance and/License subject to the minimum lot area reg:uirements of the said ordinance. Ii HINUTES NO 279 1972 It was moved by Becker, seconded by Fanning, be deemed to have passed first reading. that the ordinance On motion of Fanning, seconded by Becker, the Chair declared with unanimous consent full reading of the ordinance waived and the ordinance was read by title only. Aramburu corrected the title to read Section Section 25 (N). 23 An ordinance entitled ~~ ORDINANCE OF THE CITY OF TIBURON M.mNDING ORDINM~CE NO.9 N.S., THE ZONING ORDINM~CE, BY ADDING SECTION 2S (H) SO AS TO PROVIDE FOR THE REGULATIONS OF THE KEEPING OF HORSES IN RESIDENTIAL ZONES M~D BY REVISING SECTIONS 10-1-B(B) 3., AND 10-2-(B) 3., came on for introduction and first reading. (L) rather than AYES: NOES: ABSENT COUNCILHEN COUNCILlIEN COUNCILHEN Aramburu None None , Question was called on the motion that the ordinance, as amended be deemed to have passed first reading, and the motion carried: Becker, Fanning, Littman, Sennett , AYES: NOES: ABSENT COUNCILf,1EN: COUNCILX,IEN: COUNCILfv1EN: Aramburu None None , Becker, Fanning, Littman, Sennett Question liThe City Council may continue the hearing from time to time and shall have the authority to affirm, reverse, or modify the action appealed from, based on the record on appeal and the evidence received at the hearing. The decision of the Council shall be final and conclusive." \-las called, and the motion carried liThe City Clerk shall mail a notice of his decision to the applicant and to any person who has commented in writing relating to the application. The final decision of the City Clerk may be appealed in writing to the City Council within ten (10) days after the date of mailing notice of the decision by the applicant or by any neighboring property owner. The City Council, at a regular meeting not later than thirty (30) days following the receipt of the notice of appeal, shall hear such evidence as may be introduced concern- ing said appeal and make its findings and decisions thereon. It to was moved by Fanning, read: amend Section 5 (b) AYES: NOES: ABSENT COUNCILHEN COUNCILriEN COUNCILHEN seconded by Becker Ararnburu None None , to , Becker, Fanning, Littman, Sennett Question was called, lithe last adopted tax roll. The notice shall invite the comments of the property owners regarding the application, which comments shall be considered by the City Clerk, and shall set forth the location of the parcel, the name of the applicant, and the date on or after which the applicatiop will be acted upon. As long as the notices have been se~t the failure of any property owner to receive the notice shall not invalidate the proceedings. It and the motion to adopt the amendment carried r1INUTES NO. 279 r.'lay 8, Page 6 CITY COUNCIL In response to a request by Mrs. Bodianfor further discussion on the approval of the PD Precise Plan application, the Chair declared if any member of the council wishes to recall the question, he will have the opportunity to do so on rlay 22, at which time the Bodians will have an opportunity to be heard further in this matter 1972 Aramburu requested definite clarification of the number of parking spaces in the green belt or open space area. Littman requested when this matter comes back, the council have for their review copies of the minutes of the Council and Planning Commission relating to this development The Chair directed this matter to Ilay 22, with the understanding landscaping and grading plans and other items discussed this evening will have been reviewed by staff. fIr. Leo Bodian questioned the number of parking spaces on the l25-foot strip, originally designated as a "green belt" area, and questioned the addition of a two-story social hall, which was originally purported to be a small cabana for changing into swimming suits. 11rs. Bodian urged the parking be required in the multiple area itself and stated the green belt area was to be a buffer zone between multiple dwellings and the RO-2 zone. To a question by the Chair, fir. Smith stated Brown/Heldt had not reviewed the final plans as presented to ~he council this evening Mr. Hoffmire stated they have no objection to submitting an irrigation plan to the city. The Director of Community Development stated the ordinance approving the Hoffmire application for PD Precise Plan for apartments on Marinero Circle had been conditioned on the approval of landscaping plans, to be reviewed by Brown/Heldt Associates. Hr. I'.lalcolm Smith presented a copy of the landscaping plans to the council and outlined revisions to the plan, in accordance with the suggestions of Brown/Heldt. The City ~1anager stated staff recommended final approval of the landscaping plans be conditioned upon the sUbmission by the developer of an irrigation system for approval by staff. 4 HOFFMlRE APARTrmNTS LM~DSCAPING The Chair referred the matter to the Lands and Development Com- mittee, to work with staff in drafting a more satisfactory ordi- nance. The Chair stated he would favor an ordinance that would define the word "camping,n prohibiting it with certain exceptions Action Cont'd to l1ay 22 An ordinance entitled M~ ORDIN~~CE OF THE CITY OF TIBURON ~.mNDING SECTION 27 OF ORDINM~CE NO.9 N.S., THE ZONING ORDINANCE, BY REGULATING CAHPING HITHIN THE CITY, having been continued from Uarch 27, came on for first reading REGULATING C~WING CITY OF TIBURON Remanded to Lands & Committee Dev 3 AYES: NOES: ABSENT COUNCILHEN COUNCILI~mN COUNCILBEN t'lITHIN THE Aramburu, None None Action: Question was called pass first reading, Becker, on the motion that the ordinance and the motion carried : Fanning , Littman , Sennett amended, AYES: NOES: ABSENT COUNCI LNEN COUNCIL! lEN COUNCILHEN . Ararnburu, None None as Littman, Sennett Hotion carried~ Becker, Fanning, 5. AGREEHENT FOR NATER DISTRICT Action: Approved agreement L~~D FOR POLICE COI~IUNICATIONS The Chief of Police presented to the council a request to install antenna for their police communications system on the water tank on Sugar Loaf Drive. It was moved by Littman, seconded by Becker, to approve the limited land use permit. In response to a question by Dr. George Ellman, the Chief of Police stated the antenna is a whip antenna four feet in length. Question was called, and the motion carried: AYES: COUNCILHEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILI<IEN: None ABSENT: COUNCILNEN: None 6. ZONING ORDINANCE MvmND~ffiNT Action: Cont' d to r,jay 22 ALLOvJING OUTDOOR AND SEASONAL USES BY TEf.1PORARY USE PERHIT IN PD ZONE An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ~~NDING ORDINANCE NO.9 N.S., THE ZONING ORDINANCE, BY PROVIDING FOR THE ISSUANCE OF TEIWORARY USE PEffi1ITS FOR OUTDOOR AND SEASONAL USES IN THE PD (PLANNED DEVELOp~mNT) ZONE, came on for introduction and first reading. 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 Littman, that the ordinance be deemed to have passed first reading. In response to Littman's concern, the Director stated issuance of the use permit will not retard the development of the downtown area in that o~~y temporary uses will be granted. The Chair remanded the matter to the Lands and Development Com- mittee, to come back on Nay 22. Hiss Hary Niblack supported the ordinance in that she is interested in having a flower cart for selling flowers in Tiburon this sununer. 7. GOLDEN GATE NATIONAL RECREATION Action: Adopted Res. 435 AREA The City Manager presented to the council a resolution endorsing the formation of the Golden Gate Recreation area. The City Manager stated he had omitted from the resolution reference to lands owned by the State in order that the council would not be endors- ing th~ inclusion of Angel Island in the Golden Gate National Recreation Area. Becker recommended adopting the resolution and studying in more detail the question of whether or not Angel Island should be controled by the State or Federal Government. It was moved by Becker, seconded by Fanning, to adopt Resolution 435. County Parks and Recreation Commissioner Polly Smith reported the Board of Supervisors will be discussing this matter tomorrow, and requested council consider including in the resolution Olema, the t'lolfback Ridge area, lands recommended by the Tam Valley Task Force and the Tiburon Naval NET Depot. The Chair suggested the resolution before the council be passed tonight, and that further study be given to the areas recommended for inclusion by Mrs. Smith. flay 8, 197~ CITY COUNCIL MINUTES NO. 279 Page 7 Hay 8, Page 8 CITY COUNCIL Because of the horse ordinances coming on for adoption on flay 22 the Chair continued this hearing from May 22 to a June meeting. HINUTES NO 279 1972 HEARING DATE FOR NUISANCE ABATE~mNT (Horses presently on Community Congregational Church Property , 10 11 12 13 14 . . . . . The Chair set these matters for hearing on NORUITT-BRADY MASTER PLAN ZONING ORDINM~CE M,'mND~mNT -- R-3 ZONE PREZONING OF 88 ACRES IN EAGLE ROCK AREA USE PERf'lIT APPLICATION FOR LOT SPLIT UNDER INTERIH HT. TIBURON UNITS #3, 4, 5 liay 22 ORD. NO 87 N .S Continued to Hay 22 9 CITY OF TIBURON AYES: NOES: ABSENT COUHCILl'.1EN COUNCILI-lEN COUNC ILllEN 's FEDERAL Aramburu, None None TOPICS FUND APPORTIONtffiNT Hotion Claims Becker of Fanning, seconded by Beeker, No. 93, carried: Fanning, to approve Register of Littman Sennett REGISTER OF CLAI1.'lS The Chair continued this matter to Ilay 22, directing staff furnish the council with a resolution addressing itself more specifically to the endorsement of these proposals rather than in a generalized form. Staff should also furnish council with more information from the county, and copies of the proposed legislation Becker questioned alternative concepts considered other than a regional park district. Littman questioned approving the resolu- tion without reviewing the legislation proposed by Behr and Bagley He also questioned creating another special purpose district. Fanning strongly objected to the Board of Supervisors being the governing board. Littman objected to the paragraph in the resolu- tion which could be construed as supporting a regional park district on Tiburon ridgelands, and urged the council adopt a more precise resolution. The City Manager presented to the council the proposal to endorse the concept of a county-wide Regional Park District to provide the necessary financing for the preservation and acquisition of urban open space as designated in the Marin County-wide Plan. The Assistant City ~1anager reported Senator Behr and Assemblyman Bagley have introduced legislation for such a district conditioned on the fact that the Board of Supervisors be the governing body. 8 COUNTY -t'1IDE The Chair remanded this matter to the Lands and Development Com- mittee to study the question of Angel Island being under State or Federal control, as \-lell as the Naval NET Depot and others areas suggested by Urs. Smith 0 REGIONAL PARK DISTRICT Action Cont'd to r.1ay 22 AYES: NOES: ABSTAIN ABSENT: COUNCILHEN COUNCILI..lEN COUNCILI.1EN COUNCILHEN . Aramburu, None Littman None Becker I Fanning, Sennett Question was called and the motion to adopt Resolution 435 carried Littman and Aramburu supported Angel Island not be included in the vagueness of the resolution identify the areas it refers to Hiss Ellinwood's position that the GGNRA. Littman questioned in that it does not specifically V. EXECUTIVE SESSION - At 11:40 p.m., the Chair adjourned the meeting to Executive Session for consideration of appointments. VII. ADJOURNI-1ENT It being no\"1 the hour of 12:10 a.m., Hay 9, 1972, and there being no further business to come before the council, the Chair declared the meeting adjourned to Thursday, May 11, for a budget sessiono ~l n~J , { '- ~.~ J~' . r~~ BERT BALHER Ci . Cierk/1'1anal APPROVED BY THE CITY COUNCIL ON: May 8, 1972 CITY COUNCIL MINUTES NO. 279 Page 9 CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER ~ regular meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Albert H. Sennett at 7:35 p.m., May 22, 1972, in the City Hall Council Chambers. II. ROLL eALL PRESENT: COUNCILl.mN : r-1ayor Sennett, Aramburu, Becker (7:40), Fanning, Li t tman ABSENT: COUNCILlmN : None EX OFFICIO: Robert L. Kleinert, Ass't City Manager Richard Breiner, Deputy City Attorney Stanley Bala, City Engineer Richard Arjo, Dir. of Community Development Louis V. Brunini, Supt. of Public Works Hellen K. Hecht, Minute Clerk III. APPROVAL OF MINUTES No. 279 Action: Approved as corrected It was moved by Fanning, seconded by Aramburu, to approve Hinutes No. 279 of May 8, 1972. Aramburu requested the following corrections: Page 4, paragraph 6, under Item 2, the name should read Mrs. Helga Dougherty. The last paragraph on page 5, line 2, should read, II · License ordinance . II . . . . ~ere being no further corrections, Minutes 279 were approved as corrected. IV. BUSINESS OF THE COUNCIL l. PREZONING OF 88 ACRES Action: Ord. passed 1st reading IN EAGLE ROCK AREA An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMEND- ING ORDINANCE NO. 9 N. S. BY ADOPTING A PREZONING OF CERTAIN PROPERTY TO THE PD ZONE, EFFECTIVE UPON ANNEXATION TO THE CITY OF TIBURON, came on for introduction and first reading. Mr. Ken Poulsen, president of U. S. Development Corporation, gave the background of his company, which specializes in planned unit development. He spoke to their proposal for 440 units of multiple and single-family development. Hr. Torbin Strandgaard, land planner with Delk and Company, described the graphic land plan with respect to siting, circulation and ground coverage. In response to a question by the Chair, the Director of Com- munity Development stated the only matter before the council this evening is the request for prezoning the area PD (Planned Development), and that neither the council nor the applicants are legally bound to the development plans submitted. Littman stated the County Subdivision Map permits 143 sinqle- family houses in this area, as opposed to the proposed 440 units. Aramburu spoke against the proposed density of five units per acre. Hay 22, 1972 CITY COUNCIL MINUTES NO. 280 Page 1 CITY COUNCIL HINUTES NO. 280 f.iay 22 Page 2 , An ordinance e~titled AN ORDIN~~CE OF THE CITY OF TIBURQN M.mNDING ORDINANCE NO. 9 N. S., THE ZONING ORDINANCE, BY ADDING SECTION. 23 (L) SO AS TO PROVIDE FOR THE REGULATION OF THE KEEPING OF HORSES IN RESIDEN~IAL ZONES AND BY REVISING SECTIONS 10-1-B(B) 3 , AND 10-2-(B) 3., came on for se~ond reading and adoption. 1972 HORSE LICENSING ORDINANCE h~D Action ~1ENDr'IENTS TO THE ZONING ORDINAN-cE ALLOWING THE KEEPING OF HORSES SUBJECT TO CONDITIONAL USE PEW4IT Ord. 90 N.S. adopted; 2nd ord. sent to committee 3. A recess was taken at 9:12 porn. 9:20 p.m., the roll st?nding as the council reconvening at originally taken. , RECESS The Chair continued this matter to the next regular meeting on June 12, with the instructions the applicant satisfy the requirements of the Ordi.nance, as outlined in Section 10-12 / In response to a question by the Chair, the Deputy City Attor- ney advised the Council h..:~~ to be satisfied that the evidence establishes the five clements s~t forth in the Zoning Ordinance. Littman stated the p!'ovis:i.ons in Section 10-12 of the Ordinance have not been met, specifically with regard to Items 3 and 4 which require a preli.minary engineering study and sufficient detail indicating sequence and approximate time schedule for development. Mr. D. Hugh Gregory Coleman, architect, reviewed the plans for the Council. He ~tated thi.s is a single-family subdivision with minimal grading, the building nites are 10,000 square feet, and the neighbors have crmment9d favorably on the plan The Director of Com~unity Development presented for Council's approval the Master Plan for cluster development on two pro- perties located westerly of Round Hill Road in the RO-2-C zone. NORWITT BRADY FOR REED PARK HASTER PIJAL"J DEVELopr-mNT 2. Action Becker requested the record reflect his concern is not with the density but with the livability between family units as deter- mined by the pattern of i.nterrelationships. Cont 'd to next meeting The Chair remanded the proposed sketch to the Lands and Develop- ment Committee, with the request the chairman of the Planning Commission appoint a commissioner to meet with the committee, the applicant and the staff in this matter, to report back to the council. Littman stated for the record it is his opinion under the PD Zone that developne~~ must be in accordance with the general densities set forth in the Tiburon General Plan, and in no way should his vote be construed as indicating he would favor any density above 2.5 units to t~e acre. AYES: NOES: ABSENT COUNCILHEN COUNCILMEN COUNCILNEN Aramburu t10n e None , Motion of Fanning, seconded by Becker, that the ordinance be deemed to have passed first reauing, carried: Becker , Fanning, Littman I Sennet:t ~n motion of Fanning, seconded by Littman with unanimous consent the reading of the and the ordinance was read by title only. , the Chair declared full ordinance waived, CITY COUNCIL MINUTES NO. 280 I-lay 22 Page 3 The Chair announced contributions to the received from Betty and Dick May and Dr. , Land Acquisition Fund and Mrs. Horton Hinshaw 1972 V. There being no objection, the Chair ruled the matter referred to the Public Services Committee, to return on June 12 for first reading of the ordinance. PUBLIC QUESTIONS AND COr-n.mNTS A substitute motion was made by Littman, seconded by Becker, that the manner and form of an amendment for maintenance of horses by non-owners be referred to the Public Services Committee, to report back to the council at the next meeting with proposed to be approved by the City Attorney. language Littman indicated his concern with allowing horses to be kept on other people's land, especially where the owner lives some distance from Tiburon, such as in San Francisco. Becker stated in his opinion as long as the requirements of the city are met, ownership of the land should not be required. Aramburu referred to provisions in the ordinance to abate nuisances of horses, which protects the rights of all citizens. Mr. Al Anoulik spoke for horses being allowed on land not owned by the horse owner, but urged council not allow it for purposes of remuneration. Planning Commissioner Allan Thompson, referring to Section 5 of the ordinance, stated it was the intent of the Planning Commission that the ordinance allow the use pe~it for the keeping of horses to go with the land. The Chair stated it was his understanding it was not the council's intent to limit licens- ing of the horse to the owner of the land. Upon the advice of the Deputy City Attorney, it was moved by Becker, seconded by Aramburu, to delete in Section 2 of the ordinance the definition of "Horse, l-laintenance for Private Use." It was moved by Fanning, seconded by Becker, that the ordinance be deemed to have passed second reading and be adopted. On motion of Littman, seconded by Becker, the Chair declared with unanimous consent reading of the full ordinance waived, and the ordinance was read by title only. An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ESTAB- LISHING LICENSING REQUIREHENTS FOR THE KEEPING OF HORSES: PRESCRIBING REGULATIONS FOR THE HAINTENANCE OF HORSES, CORRALS AND PASTURES AND FOR THE NAINTENANCE OF PRIVATE STABLES WITHIN THE LIMITS OF THE CITY OF TIBURON, came on for second reading and adoption. AYES: NOES: ABSENt' COUNCILHEN COUNCI UmN COUNCILl'iEN . . . . . . Aramburu None Nbne , Becker, Fanning, Littman , Sennett Question was called Mr. Chester Judah questioned horses being allowed on half-acre lots. The Director of Community Development stated horses are permitted only on undeveloped half-acre lots. Improved lots must be one acre for the keeping of horses. , and the motion carried It was moved by Fanning, seconded by Becker, that Ordinance 90 N.S. be deemed to have passed second reading and be adopteQ. On motion of Littman, seconded by Becker, the Chair declared with unanimous consent reading of the full ordinance waived, and the ordinance was read by title only. Uay 22 Page 4 CITY COUNCIL Aramburu suggested this matter be referred to the Belvedere- Tiburon Committee for the Environment. The Chair directed staff restate the position previously taken by the council at the Mayors and Councilmen's meeting, and referred the matter to the Belvedere-Tiburon Committee for the Environment, to report back to council with respect to their specific recommenda- tions on June 26. HINUTES NO 280 , 1972 The Assistant City Manager reported this matter will be dis- cussed at the next meeting of the Bayors and Councilmen. He reminded the council in May 1971 council adopted a resolution calling for action by the League of California Cities and the County Supervisors Association to seek action to alleviate problems of litter and the sales of these items. It was moved by Fanning that the matter be referred to the County for county-wide action rather than the City taking action Motion died for lack of a second BANNING SALE OF BEVERAGES IN NON-RETURNABLE BOTTLES Remanded to Belv.-Tib. Corom. for Environment 6 AYES: NOES: ABSENT: COUNCILl1EN COUNCILHEN COUNCILX.1EN Aramburu Littman JNbne Action: \. , Question was called on the main motion of. Becker that the council indicate its approval of the Regional Park District by Minute Order, and the motion carried: Becker , Fanning, Sennett Fanning objected to the Board of Supervisors being body and favored instead an appointed body. the governing AYES: NOES: ABSENT: COUNCILNEN COUNCILI1EN COUNCILt1EN Becker, Littman Aramburu, Fanning, None Sennett Littman spoke against the creation of a Special District and supported the Board of Supervisors being the governing body. He offered as a substitute motion, seconded by Sennett, the council endorse Assembly Bill 2353 by Hinute Order. [lotion failed: It was moved by Becker, seconded by Aramburu, that the council by Minute Order indicate its approval of the Regional Park District. The Assistant City Manager presented to the council the proposal for a County-wide Regional Park District, and presented Assembly Bill 2353, introduced by Assemblyman Bagley and Senator Behr, which would create a regional park district having the same boundaries as the County of 11arin, to be governed by the Marin Board of Supervisors. COUNTY-WIDE REGIONAL PARK DISTRICT Endorsed County-wide Regional Park Oistrict 5 . Action: At the request of the applicant continued to June l2. the Chair directed the matter , 4. HOFFMlRE APART~1ENTS LANDSCAPING Action Cont'd to June l2 IV Parks and Recreation Commissioner Peter Arnold expressed concern over fill being placed in the area of Esperanza Lane, which has been designated by the Parks and Recreation Commission as priority area for a trailo The Chair directed staff to investi- gate the mattero BUSINESS OF THE COUNCIL f.lINUTES NO. 280 May 22, Page 5 CITY COUNCIL The Director of Community Development presented the application of Mrs D. Sederquist for a use permit that would allow a lot split 1972 USE PEm4IT APPLICATION FOR LOT SPLIT UNDER INTERIM ORDINANCE #87 N.S. Remanded to staff for a report on June 26 9 Action The Chair directed this matter continued. 8. BOND ELECTION SCHEDULE At the request of Becker, the Chair remanded this matter to the Public Services Committee, to report back to the council. The Chair further directed staff to prepare a letter for the Mayor's signature conveying the concerns of the council about this problem to the Marin Municipal Water District and asking for answers to the questions set fortil in the proposed resolution, and further asking whether or not a use permit or variance procedure will be included in the moratorium. Action Continued AYES: NOES: ABSENT . . COUNCILMEN COUNCILr-mN COUNCILMEN Aramburu, Littman None Fanning Motion of Becker carried: Becker , , Sennett , It was moved by Littman, seconded by Becker, to adopt Resolution 436. At the suggestion of Fanning, Littman amended the resolu- tion to simply ask the Marin ~1unicipal Water District to answer questions 1, 2, 3, 4 and 5, as set forth "in the resolution, before they adopt an emergency ordinance. seconded by Fanning , to table this matter , Littman stated the North 11arin intertie was scheduled to be completed in 1972; and when this is accomplished, there will be no water shortage problem. Aramburu reported the County AsseSsor advised him the moratorium would not affect the cost of property by increasing property values. In response to a question by Aramburu, the Director stated development of the downtown area would not be affected as it would be a year before ground could be broken on a new downtown plan. The City Engineer reported he has met with engineers of the Water District, and on the basis of their conversations, in his opinion a moratorium is not necessary at this time. Mr Phil Buskirk questioned the necessity for a moratorium and suggested citizens might prefer rationing to cutting off new water hookups. Dr. Ron Stafford, candidate for the Water District, stated the State Water Code provides if a water shortage threatens, the Water District has the authorization to stop any new hookups to protect present users over any developers asking for connec- tions. He stated stati~tics have been available to the public and numerous public meetings have been held in this matter. Littman presented to the council a resolution requesting the f1arin Municipal Water District delay action on the proposed emergency ordinance to ban future housing and development. He stated no communications have been made to the cities of ~larin County which will be directly affected by the ban, and he requested before a moratorium is imposed, the Water District furnish answers to five questions set out in the resolution. 7. PROPOSED ~mRIN MUNICIPAL WATER DISTRICT BAN ON t1ATER CONNECTIONS Action Ltr to be sent to rlI'1t"lD Hay 22 Page 6 AYES: NOES: ABSa~T . . CITY COUNCIL COUNCIL!l-1EN COUNCILMEN COUNCILiIEN NINUTES NO Aramburu None None 280 Fanning, , , 1972 Sennett , There being no objection, the Chair ruled the amendment adopted. Question was called, and the motion, as amended, carried: Becker, Littman Littman amended th resolution to read, The south side of Tiburon Boulevard 75 feet, more or less west of Beach Road, beginning at Beach Road." It was moved by Becker, seconded by Aramburu, to adopt Resolu- tion 442, creating a portion of Tiburon Boulevard to a "No Parking Area." AYES: NOES: ABSENT COUNCIL1IEN COUNCIU-1EN COUNCILI,IEN .. .. . . . Aramburu, Fanning None ~ing It was moved by Becker, seconded by Littman, to adopt Resolution 439, to install a stop sign for the westbound lane of Tiburon Boulevard, stopping traffic at Beach Road. Motion carried: , Littman , Sennett AYES: NOES: ABSENT COUNCILMEN COUNCILr.IEN COUNCILI-1EN . . Aramburu None None , Becker Fanning, Littman , Sennett Question was called, It was moved by Becker, seconded by Littman, to adopt Resolution 436 installing a stop sign stopping traffic at Corte Las Casas from the southbound lane of Reed Ranch Road; Resolution 437, for the northbound lane of Reed Ranch Road stopping traffic at Corte Las Casas; Resolution 438, for the eastbound lane of Corte Las Casas, stopping traffic at Reed Ranch Road; Resolution 440, for the eastbound lane of Tiburon Boulevard stopping traffic at Beach Road; and Resolution 441, for the southbound lane of Beach Road, stopping traffic at the intersection of Tiburon Boulevard. and the motions carried RECO~DATIONS OF THE TRAFFIC SAFETY COI1MITTEE 13 AYES: NOES: ABSENT COUNCILlvlEN COUNCILI~mN COUNCILI-mN . .. . . .. .. Aramburu, None None Action: Res 436 thru 442 adopted Becker It was moved by Fanning, seconded by Becker, to grant the year extension to Mr. Moulin of the Tentative Subdivision of Mount Tiburon Units 3, 4 and 5. Motion carried: , Fanning , Littman , Sennett one- Hap MOUNT TIBURON m~ITS #3, 4,'5 11. Action It was moved by Littman, seconded by Becker, to continue the matter until the facts have been determined and staff can fur- nish a complete report. The Chair directed the matter continued to June 26. Granted extension Mrs. Sederquist advised the council in 1968 a variance had been granted and they had been advised by city staff no further action was necessary on their part to accomplish the lot split. In response to a question by the Chair, the City Attorney stated the council cannot grant a lot split until they determine whether or not the proposed subdivision will be consistent with the contemplated Open Space Plan and the open space zoning ordinances which may be adopted by the city. of a one-acre parcel on Hacienda Drive in the moratorium area. , which area is included 12. PUBLIC EI1PLOYEES RETIREHENT Action Ord. passed lst reading SYSTEH CONTRACT AHENDlloffiNT An ordinance entitled AN ORDINANCE AUTHORIZING AN M.;mNn~mNT TO THE CONTRACT BETt-JEEN THE CITY COUNCIL OF THE CITY OF TIBURON AND THE BOARD OF ADI~.INISTRATION OF THE CALIFORNIA PUBLIC EI1PLOYEES' RETIRElffiNT SYSTEM came on for introduction and first reading. On motion of Becker, seconded by Fanning, the Chair ruled with unanimous consent the reading of the full ordinance waived, and the ordinance was read by title only. Motion of Becker, seconded by Fanning, that the ordinance be deemed to have passed first reading, carried: AYES: COUNCILf,mN : Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCIL~1EN : None ABSENT: COUNCILUEN: None The Chair directed the matter to come back for second reading and adoption at the special budget hearing on nay 30. 10. CITY OF TIBURON'S FEDERAL Action: Res. 443 adopted TOPICS FUNDS APPORTIONMENT Motion of Fanning, seconded by Becker, to adopt Resolution 443, a Resolution of the City Council of the City of Tiburon DeClaring Intent to Obligate Apportionments of Topics Funds, carried: AYES: COUNCILHEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILI1EN : None ABSENT: COUNCILHEN: None 14. LIABILITY INSURANCE PROPOSAL Action: Sent to Fin. & Admin. Comm FOR THE CITY OF TIBURON The Chair appointed himself and Fanning to the Administration and Finance Committee, to discuss this item with the City Nanager, to be returned at the next meeting. In response to a question by Fanning, the Assistant City Hanager advised they had been unable to find a broker for insurance for Errors and Omissions except for a very high premium. The Deputy City Attorney stated in his opinion the risk is substantial enough to pay the high premium. The Chair directed the committee meet with the City Manager, the insurance agent and the City Attorney in this regard. REGISTER OF CLAIMS On motion of Fanning, seconded by Becker, Register of Claims No. 94 was adopted: AYES: COUNCILMEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILHEN: None In response to a question by Littman, the Assistant City Manager recommended councilmen. .checkmark any items in the Register of Claims they may question, and he will furnish more detail on these items. CASH FLOW (APRIL) POLICE REPORT (APRIL) DEPARTI1E1 T OF PUBLIC vl0RKS REPORT (APRIL) The Chair declared the reports accepted. nay 22, 1972 CITY COUNCIL MINUTES NO 280 Page 7 VI QUESTIONS - Special Heeting The Chair set June 8 for a special meeting with the Parks and Recreation Commission on Open Space. Tax Increase Littman requested staff ascertain from the County Assessor the total percentage increase of assessed value of Tiburon property, not including the added property this year. Policy of Resolutions Littman questioned whether there is an existing policy as to the Planning Commission and the Parks and Recreation Commission forwarding resolutions on their behalf and on behalf of the City to the County, State, and 'other people. The Chair stated the proper procedure is for all resolutions to be forwarded first to the City Council. VII. ADJOURNMENT 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 to Tuesday, Hay 30, 1972. ~. / ,-----,.v ; ~ BERT BALNER, Clerk/Hanager , 1972. ~~ ::ITY TIBURON CITY COUNCIL MINUTES NO. 280 Hay 22, 1972 Page 8 *Corrected Minutes CITY COUNCIL CITY OF TIBURON I CALL TO ORDER The adjourned meeting of the City Council of the City of Tiburon, State of california, was called to order by Hayor Albert H. Sennet~ at 8:10 .p.m., May 30, 1972, in the City Hall Council Chambers II. ROLL CALL PRESENT: COtJNCILHEN: Mayor Sennett, Aramburu, Becker, Panning Littman ABSENT: COUNCILMEN: None EX OPPICIO: Bert Balmer, City Uanager R. L. Kleinert, Ass't. City f1anaqer Maurice Lafferty, Chief of Police Michael Manick, Lt. III. BUSINESS OF THE COUNCIL 1. PUBLIC EMPLOYEES RETIREMENT SYSTEf-1 Action: Ordinance 91 N.S. CONTRACT AMENDMENT adopted An ordinance entitled "AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE OONTRACT B~'lEEN THE CITY COUNCIL OF THE CITY OF TIBURON AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM" came on for second reading and adoption. On motion of Fanning, seconded by Littman, reading of the full ordinance was waived and the ordinance was read by title only. It was moved by Becker, seconded by Aramburu that Ordinance 91 N.S. be deemed to have passed second reading and adopted. Question was called, and the motion to adopt Ordinance 91 N.S. carried: AYES: Becker, I,ittman, Fanning, Aramburu, Sennett NOES: None ABSENT: None 2. REVIEtl OF 1972-73 PRELIl1INARY BUDGET The Chair declared the hearing opened for discussion and considera- tion of the proposed 1972-73 preliminary city budget. The following department budgets were reviewed by Council with the following action as indicated: General Expense - Account 03 (Increase) 8-22 Professional Services $1,000 to $ 1~200 (Budget) B-16 Elections $ 1,500 (Increase) B-24 Liability Insurance $8,300 to $15,500 (Increase) B-24 Group r.fedical Insurance $7,900 to $-.:1,598 $8290 TOTAL DEPARTMENT INCREASE: $9,290 Police - Account 13 (Increase) A-O! Salaries(Traffic Controller) $9,136 to $10,636 TOTAL DEPARTrmNT INCREASE: $1,500 The Chair declared the above department preliminary budgets adopted as revised by unanimous consent. The Chair declared the department preliminary budgets Contingent (Account 01), City Council (Account OS), City Attorney (Account 07), City Engineer (Account 17) and Community Development (Account 21) adopted by unanimous consent. May 30, 1972 CITY COUNCIL MINUTES NO. 281 Page 1 The Chair stated the next public budget hearing would be held on Thursday, June 8th in conjunction with an Open Space meeting at 7:30 p.m. The primary budget emphasis at this meeting would be on the Parks & Recreation Commission1s proposed budget. The Chair further indicated the final budget hearing would be June 22nd with concentration on the Capital Improvements budget as proposed by the City Engineer and Public ~'lorks Superintendent. It was anticipated this would conclude the preliminary budget hearings and the approved budget could then be agendized for the June 26th ~eeting for formal adoption by the City Council. After reviewing the 1972-73 preliminary estimate of assessed valua- tions for the City of Tiburon, the Chair requested staff draft a letter for his signature to be sent to the Uarin County Assessor requesting information concerning the reassessment process and procedures. IV. ADJO URNI lENT It now being the hour of 10:35 p.m. and there being no further business to come before the Council, the Chair declared the meeting adjourned to Thursday, June 8, 1972. ./1 ~/.f ,~ ,,__/ ...L/~-P~l_J BERT BAIJvtER, Ci t~ !r/Clerk 'HE CITY COUNCIL ON: '''I 1972. , ~ CITY COUNCIL l1INUTES NO. 281 Hay 30, 1972 Page 2 * Corrected Minutes CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The adjourned meeting of the City Council, City of Tiburon, Stat:e of California, was called to order by Mayor Albert H. Sennett: at 7:45 p.m., June 8, 1972, in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Mayor Sennett, Aramburu, Becker, Fanning (8:00), Littman (8:00) ABSENT: COUNCIU4EN : None EX OFFICIO: Bert Balmer, City l1anager R. L. Kleinert, Ass't City .t-lanaqer Richard Arjo, Dir. of Conmunity Dav. Louis V. Brunini, Supt. of Public Works Hellen K. Hecht, ~anute Clerk (8:30) III. BUSINESS 1. PARKS & RECREATION BUDGET '!'he City 1.1anaqer reviewed the Parks and Recreation Conunission' s proposed budget and his recommendations. Aramburu questioned how a full-time PCE Director would fit in~o ~e overall proposal. The Chair read a letter from the Reed School District Supt.. Ralph Giovanniello. He questioned the City Manager reqarding possible funding of the proposed tennis courts outside of the General Pund. If the Council approves tennis courts, the City Hanager recommended it be funded from the Capital Improvement Fund. Parks and Recreation Commissioners Loomis and Knight urged the City not delay action on funding for tennis oourts. Hrs. Margaret. Jones, Reed Union School District Trustee, endorsed the School District's support of the tennis COUtJ!~ich would serve the school and Tiburon residents. P&R Co eRe!" Knight questioned the possibility of the CommuAity OVerride Tax for funding the tennis courts. Hrs. Polly Smith spoke in support of tennis courts. Becker urged the City consider projects which serve the greatest number of people, such as a swimming pool. Littman supported tennis courts with controlled use, and suggested Bel- vedere be asked to contribute funds. P&R Commissioner William O'Neill supported the inclusion of funds for improving the Richardson Bay Park and the waterfront areas. "he Chair agreed with the City Manager that the first priority at this time should be acquisition of the ridqeland properties. It was moved by Fanning, seconded by Aramburu, that the Council instruct the City Attorney to prepare a Joint Powers Agreement with the.Reed School District, and, if possible, the City of Belvedere for the construction of tennis courts on School District property. It was I1IOved by Becker to amend the I1IOtion that $2,500 be included in the budget for that purpose this year. Motion died for lack of a second. Question was called, and the motion :of;-~tUt!ta.ng carried: AYES: COUNCII.~; Aramburu, Fanning, Littman, Sennett NOES: COUNCILMEN: Becker ABSENT : COUNCII,l.fEN: None June 8, 1972 CITY COUNCIL MINUTES NO. 282 Page 1 CJ:T:: COUNCIL HINUTES rJO. 282 June 8, Page 2 1972 Aramburu urged the C0nncil d.8fj.ne th~ specific areas to be included in the Open Space progr~~ at R work session. In response to a question by Littm~n, H,:. H",X',;(';~~'" n.::~tcd they are reconunending 104 acres be purch"sed; but if: '::ho Cit~ 1:'''~nt3 to acquir~ a continuous system, then 157 acrC8 is n-=- ..:; ; -'-;1 In response to a quention by the Chair, the Director stated the Planning CO!n.-n~.~sioa I r; prel~.minary recommendations coincide with the recomm~ndationn of t'lillirun;": and Hocine and the connnittee. The Chair pointed out the ha~ic ~oncept of the plan is a corridor of open space in linear form, approximately 100 yards in width, beginning at the ~nd of Hacienda and running easterly towards the end of the ridgce Bra. Allison U. Massn of t^lilli;un:J and r.tocine stated they were generally in agrc~ment ~vith t:h~ map prepared by the Open Space Committee. However, they have recommended 525 acres in the City be included in the Op~n Spccc element and another 851 acres in the County area, whereas the committee's report recommends the City purchase 104 acrES. r.1r..;. Hassa stated their final draft should be available for ctnff revie~'l in t't-10 '-leeks, \-lith the final copy being completed in July. Hr. Rampton HaX"."~Y, Ch7.!inr.:::n of the Open Space Committee, reviewed maps prepared by hiR co~:n::-:lit1:c~o He stat0d they have outlined the areas that mu.r;t bo p::~eGGL,,~,"~d end also indi.cated additional areas that should be p~:r"i:~r":'cd ::.f f1.1!7.rJing cnn be arranged. He stated at the pres~~t tim9 they tion of open spac~,. p~:im::,~ily "the of open space .-,- kc~pin.g t.h~ kny by allowing limited dovcl~pm~~t are involved with (1) acquisi- l~:Ldgelands, and (2) preservation p~rts of property as open space \'l:.d.:.il open space objectives. The Director of Community D~v~lopment reviewed the history of the Open Space Acquisition Progr.r'm, Clnd l:'~ferred to maps posted on the Council chambc:: ''l?.ll~ ide~:ltifying parcels of undeveloped open space and the prelimi,nf'.ry study map prepared by 'Vlilliams and l4ocine. 2 OPEi-l SPACE RIDGEI..?\..ND PROGRAU A recess was taken at 8:50 p.m., 9 :00 p.m., the roll standing nS the Council reconvening at originally taken. AYES: NOES: ABSENT COUNCILNEN: COUNCILHEN: COUNCILX.um : Ara.mburu None None RECESS , Becker, Fanning, Littman, Sennett Question The Chair stated he ~';~'3 re::~~:'.:"f.:"ing his right to review all of these items in l:.ght of wh~1t: c..ddi.ticl~"a.l expenditures may be C.APITA-I.. n~~ary, and the CC\l::cil ~'lill reexamin~ Contingency and CeReral p tJ C Funds. \'las called, c.nd the motion carried : .r MPROVe. - It was moved by Beck~r, ~8c0nd~d Parks and Recreatio:.l D ~,'i':<'.::':":::n-:ni.:, ~1 Littman, to adopt Account 25, 2.S x ~,;ccmmended . On motion of Littman, the Chair directed the Lands and Development Committee meet "lith rcprc:c;-a"cC'.tives of the School District and the City of Belvcdex'o in ~n at"t~mpt tc work out the Joint Powers Agreement and the funding 0 The Chair stated after negotiations have been held with the School District reprc~entatives and before the tax rate is set and the budget adopted, Council will again take up this matter in regard to its funding. June 8, Page 3 CITY COUNCIL Planning Commissioner Robert Wayne reminded the Council the moratorium expires in November and urged Council proceed without delay. Aramburu agreed the moratorium should not be extended. r.1INUTES NO. 282 1972 Mr. Don Batten, representing Belveron 5 be included in the Open Space Plan. , The Chair directed this item be agendized for June 26, at which time Council will receive the reports of Williams and Mocine, of Mr. Perry, the financial consultant, and from the Lands and Development and Open Space Committees. requested Lots 3, 4 and Littman objected to a two-week crash program in an attempt to reach a final decision at the June 26th meeting. Fanning sug- gested waiting until after the first of the year in order not to hold the City's election a short time before a major election. Becker concurred. Ararnburu suggested the the consultant, staff, with a definite set of Lands and Development Committee meet with and the Open Space Committee to come up properties. Becker questioned hasty action and urged the people be fully informed as to what the City is doing. In response to a question by the Chair City wishes to go to a vote in October later than July 1 , , Mr. ~erry stated if the action must be begun no In response to a question by the Chair, Mr. Perry stated once the City has the authorization from the people, it can issue part or all of the bonds, but it is not ob~igated to actually ever spend the money. In response to a question by the Chair, fir. Perry stated it is not necessary or desirable to be specific in the exact property the City is going to buy as they eannot actually negotiate with the landowners until after the election and they have the money; and, also, it is better not to be tied dm~ to specific properties Becker questioned how much the City will regulate, they are going to acquire. and how much Aramburu urged the Council set definitive boundaries on the property they are talking about, come up with a price for this property, determine how it is go~.ng to be financed, and then have the people decide by a vote whether they want the Open Space preserved. In response to a question by the Chair, lir. Perry explained the General Obligation bond and the Joint Powers bond, which could be negotiated with the City of Belvedere, the County, and even with the School District. He stated definite figures cannot be fur- nished until the City defines specific properties in which they are interested in acquiring. ~~. Vernon Perry, financial consultant, reviewed action taken by his firm to date. He stated they have talked with land owners and also with the City of Belvedere in regard to how much Belve- dere can legally participate, and with representatives from the County. They hope to have a preliminary report prepared by next week and a final report ready in two weeks. He stated HUD representatives in Washington have advised funding for this type of activity is very limited, and preliminarily he would recom- mend going to the citizens of this Peninsula for some type of bond obligation. 3 lmTHODS OF FINANCING OPEN SPACE ACQUISITION In response to a question by Fanning, the City Manager stated a bond election can be canceled at any time up until the eve of the election. I.lr. Kenneth Rosenthal, a member of the Open Space Committee, urged the Council engage in an intensive educational program to explain to the citizens exactly what the Council wishes to do. 11rs. Polly Smith recommended funds from the State be investigated, and that citizens be informed of tax savings benefits to p~operty owners who dedicate lands. Dr. George Ellman urged pursuing funds from HUD. Mr. Rampton Harvey, speaking as an individual, suggested Council be very specific in the lands they are interested in, that this property be appraised, and the land owners informed of the Council's intent Mrs. Phyllis Ellman urged the Council consider private funding in Harin County. Littman referred to Item 5 on the agenda and questioned the dollar limit for ~le total program. He urged Council hold a meeting to discuss questions concerning costs of the land and tax rate. In response to a question by Urs. ~1arins, the Chair stated pre- servation of the waterfront can be accomplished without contri- bution of City tax funds, but by other methods which will guar- antee it will remain open. The Chair expressed the Council's thanks and appreciation to Mr. Rampton Harvey and the members of the Open Space Committee, and stated this matter is continued until June 26 to receive the necessary reports. IV. ADJOURNf.1ENT It being now the hour of ll:03 p.m., and there being no further business to come before the Council, the Chair declared the meeting adjourned sine die. cZ% ~<-L BERT BALUER, Clerk/Manag APPROVED BY THE CITY COUNCIL ON: . -j;;;;,' 1972. i <<1MiL 'i 0 TI ON June 8, 1972 CITY COm~CIL MINUTES NO. 282 Page 4 CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council, City lSf Tiburon, State of California, was called to order by Mayor Albert H. Sennet~ at 7:32 p.m., June 12, 1972, in the City Hall Council Chambers. II. ROI.! ~ CALL PRESENT : COUNCILr.mN: I\llayor Sennett, Aramburu, Becker, Fanning, Littman ABSENT: COUNCILHEN: Becker EX OFFICIO: Bert Balmer, City I-tanager Robert L. Kleinert, Ass 't City Manager Robert I. Conn, City Attorney Jesper C. Strandgaard, Deputy City Engineer Haurice D. Lafferty, Chief of Police Richard Arja, Dir. of Community Dev. Phil V. Scott, Development Administra~or Hellen K. Hecht, Uinute Clerk III. APPROVAL OF MINU'1'ES Nos. 280, 281 Action: Approved There being no objection, 1:he Chair ruled full reading of ~anutes 280 of May 22, 1972, waived. Fanning requested the roll call vote for the adoption of Resolution 439 on page 6 be corrected to read: "AYES: COUNCIU1EN: Aramburu, Becker, Littman, Sennett NOES: COUl~CIUmN : Fanning ABSENT : COUI'ICILMEN: None" In regard to the City's liability insurance, the Chair direoted the record show the minutes call for further discussion between Panning and the Chair, to report back to the council this evening. However, in viet\T of the preliminary budqet recom- mendations reflected in Minut(:.3 281, it is apparent this matter is to be deferr~d until such time as the City l-lanager completes a study of the new policy recommendations, if any. There being no further corrections, the Chair directed Minutes 280 approved. There being no objection, the Chair ruled reading of I.1inutes 281 of Hay 30, 1972, t'laived, and the minutes were approved as sub- mitted. IV. BUSINESS OF THE COUNCIL 1. NO~lITT-BRADY r.1ASTER PLAl'i Action: Res. 444, as amended, FOR REED PARK DEVELOPl.1ENT adopted The City l,tanager present.ed the application for Haster Plan approval for an a-unit, single-family cluster development off Round Hill Road, which matt.er had been continued from the meeting of Uay 22 for submittal by the applicant of engineering and development staging information. The Director of Community Development presented the engineering plan prepared by the applic~,t and explained the project to the Council. June 12, 1972 CITY COUNClr.. HIl~U'l'ES NO. 283 Page 1 NINUTES NO. 283 June 12 Page 2 CITY COUNCIL The City Hanager presented revi.'ed landscaping plans for an apartment complex on Harincro Ci.rcle, "lhich matter had been , 1972 , 7. AYES: : NOES: : ABSENT: : HOFF~lIRE APARl'I-IR:rrS LANDSCAPING COUNCILI.iEN COUNCILNEN COUNCILl\1EN Aramburu, None Beck~r Action . . Littman Plans approved Fanning Question was called on the motion to adopt Resolution 444 amended, and the moti.on carried: , , Sennett: , as AYES: NOES: ABSENT . . COUNCILI.IEN: COtTNCIUmN : COUNCILl-1EN: Aramburu NODe Becker , Littman withdrew his motion and moved, seconded by Fanning, that a fourth condition of the resolution be that the Master Plan shall not extend for more than one year. Motion carried: rFanning , Littman , Sennett The Deputy City Engineer stated if the soils report proves the development cannot be built as planned because of the steepness of the land, then the general plan should be revoked. It was moved by Littman, seconded by Fanning, that if the soils report does not satisfy the City Engineer, the Precise Plan shall not be proceeded with and the matter shall be referred back to the Connell. AYES: NOES: ABSENT COUNCILMEN: COUNCILNEN: COUNCILIviEN: Art'.rnburu, None Bsck~r Fanning Question was called on the motion of Fanning to add Condition to the resolution, and the motion carried: , Littman , Sennett 3 l~. Coleman requested that a soils engineering report be a condition of the building permit, as according to Section 10- l2E their project might be exempt from Precise Plan procedures. The Director stated the City Attorney has recommended against exempting the Precise Plan stage for this project. The Chair directed tile record reflect a Precise Plan will be required and the applicant indicated he understood this requirement. It was moved by Fanning, seconded by Aramburu, that there be a third condition added to the resolution setting forth that prior to Precise Plan approval, a report by a qualified soils engineer be furnished to the City Engineer for his approval. In response to a question by Littman, the Deputy City Engineer advised a soils report by a civil engineer specializing in soils mechanics is a requirement for Precise Plan approval, and a preliminary report is sufficient for Master Plan. It was moved by Aramburu, seconded by Fanning, to adopt Reso- lution 444 adopting a r.laster Plan for the RO-2C development known as Reed Park. 11r. D. Hugh Gregory COleman, architect, advised civil and structural engineer, pas prepared the Because of the expense involved, there has been ing but lir. Lang is very familiar with the area. Hr. Art Lang, grading plans. no soils test- Littman objected to the map in that it does not show the ade- quacy of soils and prove the land can be built upon, which information had been requested by the Council on May 22. The Director stated soils information can be provided up to the time of issuance of the building permit, and is not necessarily a requirement at the Master Plan stage. June 12, Page 3 AYES: NOES: ABSEi-lT : CITY COUNCIL COUNCILNEJ J: COUNCIL.NEN: COUNCILHEN: Aramburu None Becker HINUTES NO F.-.nning, . 283 , Sennett 1972 , It was moved by Littman, seconded by Aramburu, to amend the motion to provide that remarks made by Mr. Nathan Jones concern- ing the willingness to secure covenants from all of the pur- chasers to be enforceable will be considered the appropriate method of maintenance. Fanning accepted the amendment, and question was called on the main motion, as amended. Motion carried: Littman It was moved by Fanning, seconded by Littman, tllat in connection with Item 6 of Resolution 414 of January lO, 1972, wherein the City Council approved a PD Zone Precise Development Plan for property on l1arinero Circle, that the landscaping plan prepared by Halcolm G. Smith dated Hay 8, 1972, be approved, modified as to the recreational area by Mr. D. Hugh Gregory Coleman and initialed by him on June l2, 1972; and Mr. Arthur Lang dated ilay 19, 1972, initialed by Mr. Coleman on June l2, 1972. The Chair directed the record show that the preliminary draft of ~lr. Jones in regard to provisions for maintenance has been filed with the City offices. Aramburu, referring to the t..rording open space" in Uinutes 257 in regard to this development, asked that this wording be more clearly set out in the resolution. In response to a question by the Chair about the methods of maintaining the landscaping, Hr. Nathan Jones stated the maintenance of the property will become a part of the covenant of the deed. In the event the landscaping is not maintained by a single owner or a group of m~ners, they can maintain the property and it becomes a lien a~-ainst the property. He stated a preliminary draft of this propcsal has been furnished to the City. Ilrs. Gill objected to the five parking spaces near her property and questioned whether the existing telephone lines will be undergrounded. Mr. Hoffmire stated the parking spaces are a necessity and there is a 50-foot drop from them to her property. In regard to the utility lines, all PG&E will be underground on the property, and they are negotiating with the telephone company in regard to undergroundinq the existing poles. Itrs. Gill questioned the ultimate ot~ership of the apartments, future control over the green belt area, and maintenance of the landscaped area. The Director stated landscaping must meet the necessary requirements before a building permit will issue; maintenance will be controlled through covenants and restrictions in the deeds and assessments; and any substantial change in landscaping, as far as open space is concerned, in a PD Zone constitutes a change in the Precise Plans and necessi- tates the applicant going through the Precise Plan procedure and applying for a use permit. Mesdames Bodian and Margaret Gill, neighbors to the project, revi~..red the plans. In response to objections by tlrs. Gill, rIr. John Hoffmire agreed to eliminate the playground area, leaving the area as open space. Hr. D. Hugh Gregory COleman, architect, spoke to the plans and advised the changes included a reduced number of parking spaces and eliminating the social hall by substituting a small cabana (dressing room and toilet facilities). continued from Hay B made to the plans as , 1972, for staff approval of revisions recommended by Brown/Heldt Associates. 2 PREZOi~ING eF 88 ACRES IN Action Ord 92 N.S adopted EAGLE ROCK AREA U. S. Development Corp. An ordinance entitled &~ ORDINANCE OF THE CITY OF TIBURON M~NDING ORDINM~CE NO.9 N.S. BY ADOPTING PREZONING OF CERTAIN PROPERTY TO THE PD ZONE EFFECTIVE UPON M~NEXATION TO THE CITY OF TIBURON, came on for second reading and adoption. On motion of Fanning, seconded b.t Li-~tman, and there being no objection, the Chair ruled reading of the entire ordinance waived, and the ordinance 1v~S read by title only. It was moved by Fanning, seconded by Aramburu, that Ordinance 92 N.S. be deemed to have passed second readirJ and be adopted. In response to a statement by Littman that the record should be clear the Council is not accepting the density in the plans previously submitted to the Council, the Chair stated the minutes of Hay 22 reflect this fact, and the Council is limited entirely to the prezoning application. Question was called, and the motion carried: AYES: COUNCILHEN: Aramburu, Fanning, Littman, Sennett NOES: COUNCILMEN: None ABSENT: COUNCILHEN: Becker RECESS A recess was taken at 8:45 p.m., the council reconvening at 8:55 p.m., the roll standing as originally taken. 3. ZONING ORDINANCE M1ENDMENT Action: Ord. passed 1st reading An ordinance entitled M~ ORDINANCE OF THE CITY OF TIBURON N.mNDING SECTION lO-7(Cj 2 OF ORDINANCE NO.9 N.S., THE ZONING ORDINANCE, BY DELETING A PORTION THEREFROH, came on for intro- duction and first reading. On motion of Fanning, seconded by Ararnburu,.and there being no objection, the Chair ruled full reading of the ordinance waived, and the ordinance was read by title only. It was moved by Fanning, seconded by Aramburu, that the ordi- nance be deemed to have passad first reading. Br. Robert Stone advised the Council he purchased Lot 14 on Marinero Circle with the full understanding it was possible to have a 3,000 square-foot parcel area with beautiful design, and he presented preliminary plans for the construction of a high quality complex consisting of six units. The Director reported R-3 development is under moratorium until August, and therefore Hr. Stone I s p::-operty cannot be developed until the expiration of the moratorium. In response to a question by the Chair as to whether Mr. Stone has vested rights with respect to the 3,000 minimum lot standard, the Director stated he has not presented a plan to the City. In response to a question by the Chair, the City Attorney advised a variance could be applied for in this case to allow a 3,000 square foot parcel but the requi.t-ements of a variance must be met and the requirements are difficult. Ur. Allan Thompson, chairman of the Board of Design Revie\-1, spoke in support of the ordinance. June 12, 1972 CITY COUNCIL HINUTES NO 283 Page 4 Question was called, and the motion that the ordinance pass first reading carried: AYES: COUNCIIJ.JEN : Ararnburu, Banning, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILNEN: Becker 4. NUISANCE ABATE~mNT HEARING Action: Continued to June 26 The Chair directed this matter continued to the next meeting for renoticing of the Hearing. Mrs. Harmina objected to not having been notified of the con- tinuance, and requested complaining parties be notified. The City Manager reported the hearing will be noticed for June 26, 1972. Littman referred to a letter from the attorney representing the horse owners, Hr. Alexander Anolik, in which he questioned the notice procedure. The Chair directed the City Attorney review this matter to insure the noticing meets the legal requirements. 5. APPEAL FROM DECISION OF BOARD Action~ Appeal denied OF ADJUSTli1EUTS 111 DENYING A VARIANCE TO ENCROACH UPON THE REQUIRED SIDE YP..RDdITH A P~SIDENCE AT 661 HIL1\RY DRIVE ~~~ ~1 Lamperti, applicant The City Hanager presented to the council subject appeal. The City Attorney advised as this is a quasi-judicial hearing, staff members and witnesses should be sworn. verbatim [NOTE: b. ~artial~transcriFt. 'of the hearing is ',on fi e at t e City 0 fices.] ~lr. Phil v. Scott, Development Administrator, was sworn and gave testimony as to the background information in ~~is case. He stated the Board of Adjustments concluded that the applicant had not met the requirements of Section 17 of the Zoning Ordi- nance, and therefore did not grant the variance requested. He presented the Secretary's Report reporting the facts of the case, which is marked Exhibit 1; a plot plan showing the loca- tion of the particular variance in question, marked Exhibit 2; and a partial plot plan showing the boundary line between the Anderson residence and Dr. Lamperti's building, marked Exhibit 1-10. 3. The Chair questioned the findings Council would need to make in order to reverse the Board of Adjustments' decision. The City Attorney responded the Council must make the findings that are required for a variance, and read to the Council Section 17 of the Zoning Ordinance. Hr. William Hochman, attorney for Bessrs. Lamperti and Davis, revie~.,ed the history in this matter and testified hot." in his opinion, tl1e requirements of Section 17 have been met and therefore the variance should be granted. He stated there was no willful intent of the owner to deceive, and stated they are merely aSking that the house be permitted to stand t'lhere it is. He presented a letter from Il.1r 0 Ed\'lard P. f1orphy, real estate appraiser, who concluded the building of r~ Lamperti's house creates no dimunition of value to Hr. Anderson. The Chair received in evidence Appellant's Exhibit A, a scale dra~^ling by Mr. Lamperti of the property; and Exhibit B, the letter from !ir. rIorphy. June 12, 1972 CITY COUNCIL IIINUTES NO. 283 Page 5 CITY COUNCIL HINUTES NO. 283 June 12, Page 6 r,~. Dahlman urged the City abate the nuisance as a complaint was raised early, ~lr. Anderson di1 all he could do, and the house 1;'laS still completed. 1972 In response to the City Attorney's advice, Littman amended his motion to include that the Council finds the four require- ments of Section 17 are met, and that Hr. Lamperti is required to reimburse Hr. Anderson for the costs of taking a survey. After further discussion, it was moved by Littman, seconded by Sennett, that the appeal be allowed on the condition that there be a landscaping plan, approved by the City, and that a cove- nant to maintain the landscaping be executed so as to run with the land in favor of the Anderson land. Hr. Anderson advised the day the concrete was poured and the frame laid out he requested the foreman stop work. He also phoned the Development Administrator and requested the City take action to stop work until he could take a survey of the property. The Development Administrator advised the City is bound to accept the surveys of a recognized builder, licensed by the State. Littman stated he understands the builder thought he was putting the house in the correct place, and the mistake was inadvertence rather than carelessness, and the stop work order was issued when the house was 85 percent completed. Fanning reviewed the four conditj.ons of Section 17 which the Council must be satisfied are mei: in order to grant a variance, and stated in his opinion none of these conditions can be found. There being no further members of the audience offering to give testimony or present any facts, the Chair at this time brought the matter back to the Council for discussion. Hr. Norman of privacy family. Andez:son 't'las St'lorn and testified as to the loss and light, which has affected the happiness of the Miss Anne Ellinwood spoke to the matter and gave the history, reminding the Council on March 27, 1972, she brought the matter to their attention. She suggested (1) tree planting and other landscaping in the common corridor; (2) purchase by Lamperti, if sufficient land available, to make an 8-foot setback for each property (3) change glass in windows looking at the Anderson house to opaque glass; and (4) Mz. Lamperti to pay survey and legal costs incurred by Mr. Anderson. The Chair questioned whether any witnesses had additional information to offer. 111:' '" Lamperti encroachment. offered testimony in regard to the side yard In response to a question by the Chair, the Development Adminis- trator stated in his opinion there was no intent to deceive by the builder and contractor. Hr. Joseph Dahlman, attorney for Hr. Norman Anderson, outlined the background of the case, advising Ur. Anderson had had a survey taken of the property when the first cement was poured He stated the builder completed the house after a stop work order had been issued a.nd he t'las told to proceed at his own risk. He further outlined the requirements of Section 17, setting forth their reasons why the house did not meet the necessary requirements. He presented photographs to Council, l'1hich were marked I.1r. Anderson's Exhibits 1 to 4. HINUTES NO 283 June 12 Page 7 CITY COUNCIL It was moved by Fanning, seconded by Aramburu, to amend the ordinance by accepting amendments to Sections 1,5, and 5a(ii), as set out in Littman's memorandum; and the insertion of the \'lords "the owner" betvleen "'tvi tLout II and II obtaining II in the ninth line of the opening paragraph , 1972 It was moved by Littman, seconded by Aramburu, nance be deemed -to have passed first reading. that the ordi- On motion of Fanning, seconded by Littman, and there being no objection- full reading of the ordinance was waived and the ordinance was read by title only. After reviewing the proposed changes, in response to a question by the Chair, Littman stated the ordinance as written applies to a horse permit rather than a land permit. Fanning stated when you sell a horse, the necessity for Section 7 is eliminated and therefore is unnecessary. The Chair agreed Section 7 could be omitted. Littman presented a stated as Becker was individual report. w~itten report amending the ordinance, not available for consultation, it is and his An ordinance entitled N~ ORDINlll~CE OF THE CITY OF TIBURON ESTABLISHING LICENSING REQUlRElmNTS FOR THE KEEPING OF HORSES: PRESCRIBING REGULATIONS FOR THE lIAINTENANCE OF HORSES, CORRALS A1~D PASTURES AND :r10R THE HAINTENANCE OF PRIVATE STABLES WITHIN THE LIMITS OF THE CITY OF TIBURON, having been continued from Nay 22, 1972, came on for first reading. Ord., as amended, passed lst reading 6 HORSE LICENSING ORDINm~CE Fanning asked the record to show he has called illegal apart- ments to the City's attention and no action has been taken. Ellinwood requested the record indicate she is not complaining against the City ~lanager, but failure by persons in the Build- ing Department to exercise proper ju~gment. Action The Chair requested Hiss Ellinwood summarize her comments forvlard them to the Chair, with a copy to staff, to allow City Manager to review the matter and report back to the Council with his recommendations on June 26. and the Former Councilman Anne Ellinwood cited several past cases wherein violations occurred in the City and were allowed to exist. She stated there have been questions in the application of judgment and lack of response to citizens, which is not the fault of the ordinances. She spoke against a citizen with a complaint having to prove his case, and urged the Council recognize administrative failure. Fanning urged the participants avoid nuisance by some mutual a~rangement. uphold the Zoning Ordinancco the expense of abating the He stated the City must AYES: HOES: ABSENT COUNCII/('lEH COUNCILIIEN COUNCILNEN Aramburl None Becker It was moved by Fanning; decision of the Board of , seconded by Aramburu Adjustments Hotion Fanning , Littman to uphold the carried: , Sennett AYES: NOES: ABSENT COUNCILHEN COUNCILHEN COUNCILl-IEN Littman Aramburu Becker , Fanning , , Sennett Question was called , and the motion of Littman failed Ellinwood referred to the definition of pasture on page 1 and at the top of page 3, and questioned if a horse owner had a fence on the property line, the necessity for a second fence inside 10 feet from the property line, especially in the Tiburon Hills area 't'lhere there are no houses. The Director stated the Planning Commission recommended this for the purpose of keeping horses from grazing up against Gomebody's property line. Ellinwood further questioned the minimum of one acre for the first horse, especially on unCl~veloped property. The Director stated this was covered in Seccion 8. In response to a quc3i:ion by Hrs. Bruce Flanagan, the Chair stated the license goe~ \V'i th the horse; and if a horse is traded, a nevl license must be obtainee for the new horse. It ,,ras moved by Fanning to amend Section C, Item 5, to read: "The minimum distancG of u. pa[;ture cr corral from any neighboring parcel line or street parcel line shall be 10 feet n The amendment was uccepted by Littman and .. . . Aramburu as part of their motion. Question was called on the motion of Fanning to amend, and the motion carried: AYES: COUNCILNEN: Aramburu, Fanning, Littman, Sennett NOES: COUNCILr.1EN: None ABSENT: COUNCILi-iEN : Becker Question was called on the main motion that tile ordinance pass first reading, as amended, and the motion carried: AYES: COUNCILllEN: Aramburu, Fanning, Littman, Sennett NOES: COUNCILIvlEN: :-Jone ABSENT: COUNCILHEN: Becker 8. ZONING ORDINAnCE REGULATING CM1PING Action: Continued This matter was continued to Jvne 26. 9. ZONING ORDINANCE AHENDI\lENT PROVIDING Action: Ord. , as amended, FOR OUTDOOR AND SEAS(flA!.J USES IN passed 1st reading PD ZONE An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ANENDING ORDINANCE NOo 9 N. S., THE ZONING ORDINANCE BY PROVIDING FOR THE ISSUANCE OF 'i'EHPORARY USE PEffi.iITS FOR OUTDOOR AND SEASONAL USES IN THE PD (PLANNED DEVELOPIIENT) ZONE, having been continued from Hay 8, 1972, came on for first reading. Fanning presented the written recommendations of the Lands and Development Committee amending the ordinance. On motion of Fanning, seconded by Aramburu, and there being no objection, the Chair directed full reading of the minutes waived, and the ordinance wap, read by tj~le only. It was moved by Fanning, seconded by Aramburu, that the ordi- nance be deemed to have passed first reading, and amended as outlined in the Lands and Development Committee Report. Hotion carried: AYES: COUNCILIIEN: Aramburu, Fanning, Littman, Sennett NOES: COUNCILf.1EN: None ABSENT: COUNCILNEN: Becker June l2 1972 CITY COUNCIL MINUTES NO 283 Page 8 . 10. RETIREMENT OF JOHN B. McFARLANE Action Res 445 adopted Aramburu presented the matter to the Council and related the past activities of Hr. NcFarlane with regard to his dedicated service as Manager-Superintendent of Sanitary District No. 5. It was moved by Aramburu, seconded by Fanning, to adopt Resolution 445 expressing appreciation to lIr. I1cFarlane upon his retirement from Sanitary District No. 50 It was moved by Aramburu, seconded by Fanning, to adopt Resolution 445 expressing appreciation to I1r. I'1cFarlane upon his retirement from Sanitary District No. 5. The Assistant City 11anager amended the resolution as follows: The title should read, "A Resolution of the City Council of the City of Tiburon · . .11 He further amended paragraph 4 to include, after "recycling depot," "and his valued assistance to the Belvedere-Tiburon Joint Drainage Committee." Littman amended the resolution in paragraph one, line two, to delete "Tiburon" before "Sanitary District No. 5." The Chair read the resolution in its entirety, and the motion to adopt carried: All Ayes. 11. NOHINATION TO BOARD OF DIRECTORS, Action: Hr . Rutkowski nomi- FLOOD CONTROL DISTRICT #4 nated It was moved by Fanning, seconded by Littman, to approve the nomination of Hr. Joseph Rutkowski to the Board of Directors of Flood Control District No. 4. Aramburu stated both he and Hr. Rutkowski are employees of Pacific Telephone, but there is no conflict of interest in this matter. Question was called, and the motion carried: All Ayes. 12. USE PElli1IT FOR MINOR Action: Cont'd for one month SUBDIVISION The City Uanager presented the application of Ur. Bruce Flanagan for a use permit under the interim ordinance controling develop- ment and subdivision in the Open Space Study Area, which would permit consideration of a minor subdivision of property located off the present terminus of Round Hill Road. The Director stated staff recommends no action be taken in this matter until the open space studies are completed. lIr. Bruce Flanagan spoke to the matter, and stated their pro- posal is for a single-family home on a one-acre lot in an area where houses are on half-acre lots. He stated Parcel A has never been included in the moratorium area. Aramburu stated the Lands and Development Committee and the Open Space Committee are meeting on Wednesday, June 14, to discuss what parcels will be included in the Open Space area, at which time property will be released from the moratorium area, and requested no action be taken until after the committees have met. After further discussion, and there being no objection, the Chair directed this matter continued for a month, at \'1hich time the Council hopes to have acted on the recommendations of the staff, Nilliams and Hocine, and the Open Space Committee report. June 12, 1972 CITY COUNCIL UINUTES NO 283 Page 9 13. TENTATIVE ~mP FOR Action: Cont'd to June 26 lO-UNIT CONDOHINIUH The Chair directed this matter continued to June 26, at which time it will have the action of the Planning Commission. V. REPORTS POLICE imPORT (Hay) DEPARTilLNT OF PUBLIC t'JORKS REPORT (Hay) The Chair directed the reports received by the Council. VI. QUESTIONS Hearing Date on Order to Show Cause, Unfenced Swimming Pool The City Manager reported receipt of a request to set for hear- ing an Order to Show Cause why an unfenced pool at 7 Corte Las Casas should not be declared a nuisance. The hearing was set for June 26. Space Addition to Council Chambers Fanning suggested the Council Chambers be expanded to include the extra space created by the Police Department's moving next door. The Chair requested the City Manager furnish the Council, in writing, his plans for the area; and upon receipt of the plans, the Chair will decide whether the matter should be agendized. VII. ADJOURNflENT It being now the hour of ll:50 p.m., June 12, 1972, and there being no further business to come before the Council, the Chair declared the meeting adjourned to Thursday, June 22, for a budget session. BERT ~ 1"1 ~ ~ CJ. lerk/Nanager APPROVED BY THE CITY COUNCIL ON: ,. 1972. - , I. June l2, 1972 CITY COUNCIL MINUTES NO 283 Page 10 COUNCIL MINUTES 1;284 June 22 Page 1 1972 CITY At 10:15 p.m., the Chair adjourned the meeting matters of personnel and administration. to Executive Session to discuss IV. The salary and fringe benefit information to the Public Services Committee for a Council at its regular meeting of July EXECUTIVE submitted by report and 10, 1972. SESSION the City Manager was remanded recommendations to come back to the Employee Salaries cost-of-living and fringe benefits information were reviewed by the City Council. A motion by Becker, seconded by Aramburu, to increase the Contin- gency Account by $10,500. MOtion Withdrawn. Fanning moved Account 33 of a second. Em to strike the Budget Item Noitoza Trail from the Capital Improvement the 1972-73 Budget. The Chair ruled that motion died through lack of lovee Salaries & Fringe Benefits AYES NOES ABSENT: Becker, Sennett Aramburu Littman to adopt the substitute motion carried Fanning Question was called A substitute motion by Becker, seconded by Littman, proposing to add $20,000 to tbe 1972-73 Budget for tennis courts and eliminate all reference to the deletion of the MOitoza Trail Budget Item and the motion MOtion by Fanning, seconded by Becker (steps and drainage) in the amount of of $20,000 to eliminate Budget Item 33 - $8,000 and rebudget tennis courts Moitoza Trail in the amount MOtion by Becker to budget $10,000 in the fiscal year 1972-73 Budget for the con- struction of one tennis court. The Chair ruled that motion died for lack of a second. Ca ~ rovements Account 19 Account 33 (Increase 19B-20--$1000 to $2000) Account 09, Parks Q!! Clerk - General Services and Recreation - Account 25 Account 11 & Cit The Chair declared the following department preliminary budgets approved by unani- mous consent er The Chair declared the hearing opened for discussion of the 1972-73 Preliminary City Budget and reviewed the budget accounts previously given tentative approval by the City Council. REVIEW OF 1972-73 PRELIMINARY BUDGET Mayor Sennett, A ramburu (9: 00 None Bert Balmer, City Manager; R. Manager; Louis Brunini, Sup't. Strangaard Dep'y. City Engineer. III BUSINESS OF THE COUNCIL L. Kleinert, Public Works Ass't. City Jesper PRESENT ABSENT: EX OFFICIO ILMEN COUNCILMEN Becker, p.m.) COUNC Fanning Li ttman (8:25 p.m ) II. The adjourned meeting of the City Council of the City of Tiburon, State of Cali- fornia, was called to order by Mayor Albert H. Sennett at i:42 p.m. June 22, 1972 in the City Hall Council Chambers. ROLL CALL I. CALL TO ORDER CITY COUNCIL CITY OF TIBURON ~ ADJOURNMENT It being now the hour of 10:50 p.m., and there being no further business to come before the Council, the Chair declared the meeting adjourned, sine die. ~ L__ BERT BALMER erk/Manager CITY COUNCIL ON: r' --- Tiburon CITY COUNCIL MINUTES #284 June 26, 1972 Page 2 corrected Minutes CITY COUNCIL CITY OP TIBURON I. CALL TO ORDER The reCJUl.~ mee~in9 of the Ci~y Council, City of 'liburon, Sta~e of California, was called to order by layor Albert H. Sennet.t. at 7,45 p.m., June 26, 1972, in the Cit.y Hall Council Chambers. II. ROLL CALL PRBSBN'J.': COUNCIU-mN : l~yor Sennett, ArallbUl'U, Littman (8:15), Sennett, Fanning ABSENT: COUNCIU.JBN : Becker EX OFFICIO: Bert Balmer, City 14anager Robert. L. Kleinert, Ass' t City Mana94tJ: Richard Breiner, Deputy City Attorney Stanley Bala, City Bn9ineer Uaurice D. Lafferty, Chief of Police Richard Arjo, Dir. ofC01IIllunity Dev. Louis v. Branin!, Supt. of Public Works Hellen K. Hech't, lUnute Clerk III. APPROVAL OF MIHU'l'BS No. 282 Action: Approved as corrected There being DO objection, the Chair ruled full reading of 1l1Dutes No. 282 of June 8, 1972, waived. ~.-buru requested the second paragraph. on page .one under Item 1 be corre~e4 to read .P'R Director. It The Chair requa.tea page 2, paragraph .. be conected, in line 3, t.o read UContingency and Capital Improvement. Punds. II TIlere being DO further corrections, the Chair direoted Minutes 282 adopted. No. 283 Action:. Continued IV. Budtss OF THE COUNCIL 1. BORSE LICENSB ORDIHANCB Action: Ord. 93 R.S. adopted; agendized for July 24 An ordinance enti~led AN ORDINANCE OP THB CITY OP !'IBURON BSTABLISHING LICBHSIRG RBQUIRBlJEN'l'S FOR THE KEEPING OF HORSES: PRBSCRIBING RBGULA!'IONS POR 'I'HB MAIm'BNAHCB OP HORSBS, CORRALS AND PAS'l'URBS AltD POR '1'BB MAIN'1'BNANCE OF PRIVAft STABLES WITHIN mE LII-tITS OP THE CITY OP 'l'IBURON. having passed first reading, cae on for second reading and adoption. On mo~ion of Aramburu, seconded by Pannin9, and there being no objeotion, the Chair ruled full readin9 of the ordinance waived, and the ordinance was read by title only. It was moved by Fanning. seconded by Aramburu, that Ordinance 93 N.S. be deemed to have passed second reading and be adopted. '1'0 . request by Mrs. Edna Norby that in Section 4 (b) of the ordinance "substantial fence" include more descriptive wording, ~e Chair Buggested staff prepare a set of guidelines ~o asstst borse owners ~o comply with the ordinance. '.l'o a question by Hrs. Eleanor Da9get:t as to whether this ordinance would prohibit Belvedere residents from pasturing S June 26, 1972 CI'l'Y COUNCIL MINUTES NO. 281 Page 1 11r. Anolik pointed out that the owners have filed their appli- cation for a Use Permit, to be heard by the Board of Adjust- ments on July l7; and since the Horse License 6rdinance has been passed and there is a \'laiting p~riod of 30 days to acti- vate the ordint.':'.'l~"1 he questioned t'l1hether the Council would be s June 26, 1972 NO. 28,4 Page 2 CITY COUNCIL I-IINUTES The Chair ruled the motion out of order in that the issue before the Council is the nui.sance abatement at 175 Rock Hill Road, and the Council should confine itself to this matter. It was moved by Littman that all horses presently in Tiburon be declared a nuisance and the owners have 60 days in which to apply for a permit. The Chair stated that the Council has been advised by the Deputy City Attorney that the presence of the horses in the RO-2 zone constitutes a violation of the Zoning Ordinance of the City, and therefore constitutes a nuisance and th", Council can order the abatement of the nuisance. The Chair ruled the Council takes Zoning Ordinance 9 N.S. judicial notice of Tiburon's In response to a question by the Deputy City Attorney, 1.1r. Al Anolik, reprer;:~ntir:.g the owners of the horses on the church property, stipulated they have received. notice there would be a nuisance abatemsn'c hearing this evening. He further stipu- lated there are three horses on the property, but: disagreed with the statement of the Deputy City Attorney that a nuisance per se exists. The City Manager requested the Council find the existence or absence of a public nuisance in relation to the regulations of the Zoning Ordinance in the above matter. He stated staff recommended this matter be continued until after the application for a Use Permit to keep horses on subject pro- perty is heard by the Bo~rd of Adjustments on July 17, 1972. lIDISANCE ABATElviENT HEARING: Action: KEEPING OF HORSES IN THE 00-2 ZONE, CONGREGATIONAL CHURCH PROPERTY, 175 ROCK HILL ROAD 447 adopted 3. Res. The Chair directed this item brought back to Council at the second meeting in July, with recommendations and analysis of staff on the matter of allowing Belvedere residents to pasture horses in Tiburon. AYES: NOES: ABSENT: COUNCI IJ-mN COUNCILUEN COUNCILl-2EN : . . . . Aramburu None Becker , Question was called on the motion that second reading, and the motion carried: Fanning , the ordinance pass Littman , Sennett rwlr. Tom Haggett objected to the exclusion of Belvedere resi- dents from keeping horses in Tiburon. The Deputy City Attor- ney advised the ordinance could legally provide for residents of Tiburon and Belvedere to keep horses To a question by Hr. Jeff Knight as to li'hether Belvedere residents who presently pasture horses in Tiburon might be allowed to continue to do so by way of a grandfather clause, the Deputy City Attorney st~ted keeping horses in Tiburon is currently illegal, and therefore they could not be recognized as an existing legal use. horses in Tiburon, the Chair stated the ordinance restricts the keeping of horses in Tiburon to residents of Tiburon. s- 28,K June 26 Page 3 CITY It was moved by Fanning, seconded by Aramburu, to adopt Resolution 446, a Resolution d~cming that the public interest and necessity dem3nd the acquisition, construction and comple- tion by the City cf Tiburo~ of the following municipal improve- ments, to-wit: Real prope~.ty for open space, park and recrea- tional purposes; and that the cc~t of municipal improvement would require an expenditure gr~~.ccr than the amount allowed by the annual tax levy. COUNCIL HINUTES NO. , 1972 Fanning reviewed the progress of the Open Space program and presented a map sho~1ing overlay squares of areas in the mora- torium zone. He stated the recommendation of the Lands and Development Committee is that the Council proceed to have public hearings on these matters but that the Council also set in motion the legal steps necessary so that if they determine to continue, they will be able to proceed with the acquisition of the Op9n Space. 7. ACQUISITION A recess 9:18 p.rn OF OPEN SPACE was taken at 9:07 p.m. ., the roll standing as ActiDn the Council reconvening at originally taken. Res 446 adopted , RECESS The Chair directed staff to report back at the termination of the 60-day period as to the compliance of the owners of the property. AYES: NOES: ABSEHT COUNCIL1IEN: COUNCILHErT :: COUUCIL11EN : Aramburu Fanni.ng Becker , Littman , Sennett Question was called carried: Fanning stated he is voting against the motion on the grounds that it is merely putting off the question for a couple of months since the matter probably ,~ill be back again on appeal in the use permit and/or license proceeding. , and the motion to adopt the resolution Littman asked that the record be clear that his vote for the motion in no way assumes either that the existing number of horses is p~oper.pr:not, but this matter will be questioned at the time of the hearing for the use pe~it. Mr. Anolik requested the Council decide \~ether it wanted a hearing on the common or codified definition of what a nuisance is or whether they were limiting themselves to the Zoning OrdinanCe. He asked for a legal ruling as to the theory whether or not the Council is estopped from any further action as to this nuisance hearing until the use permit is heard. Sennett questioned the Deputy City Attorney whether, in view of I-ir. Anolik's statements, he would alter his inter- pretations as given to the Council, and the Deputy City Attorney advised he would not. It was moved by Aramburu, seconded by Littman, to adopt Resolution 447 declaring the p~.3turing and maintenCLlce of horses on As~essor's Parcel No. 39-111-12 a public nuisance, and that the Council grants the horse otqners 60 days to abate the nui~~nce. legally held back from passing on the matter until the permi~ is either accepted or denied. He further pointed out the horses are in an "ecclesiastical pasture;" and under Section 10-9 (B)3 the use of the land by horses is allowed as of right (place of worship and accessory social activities) June 26, Page 4 CITY COUNCIL 11r. Jim Paras gave the past history of the swimming pool. He stated he and his neighbors have attempted to persuade Hr. Niller ~o construct a fence for the safety of the children in the area since JUly, but an eight-foot strip facing out on the street is still open, as well as the rear of the property. He stated the nuisance has existed for over one year, and urged it be abated immediately. HINUTES NO ~ 28.1" 1972 It was moved by Littman, seconded by Sennett, to continue the hearing if the fence is being built. Mr. P~chard Arjo, Director of Community Development, testified under oath that the City Code calls for the fencing of swimming pools and that the swimming pool in question has been under construction for apprOXimately a year and is presently not completely fenced. He stated he and the Development Administrator examined the premises and advised Hr. i.liller that the pool must be fenced as there definitely exists a hazard and a nuisance without the fence. The Chair ruled proper notice has been made to the property owner, Mr. Richard Hiller, ,,,ho '-las not present at the hearing The Chair questioned whether there was written notification to the home owner regarding this proceeding. The Deputy City Attorney testified under oath that he had advised f1r. Phil Scott, the Development Administrator, to post the notice and was advised by him that he had posted notice and mailed it to the proper party. The City ~1anager reported he has been advised the work neces- sary to eliminate the nuisance that exists at the swimming pool at 7 Corte Las Casas has been 95 percent completed as of today. HEARING TO SHOt~ CAUSE OR ABATE Action AN ATTRACTIVE NUISANCE ON - UNFENCED POOL AT 7 CORTE LAS CASAS Res 448 adopted 6 AYES: NOES: ABSENT COUNCILNEN: COUNCILHEN: COUNCILI1EN: Aramburu None Becker Fanning , Littman , Sennett , It was moved by Fanning, seconded by Aramburu, that the Mayor be authorized to appoint the law firm of Orrick, Harrington, Rowley and Sutcliff as the bond counsel for this election. Motion carried: AYES: NOES: ABSENT COUHCILHEN: COUNClLi~1EN : COUNCIUmN: Aramburu None Becker , Sennett , Question was called on the motion to adopt and the motion carried: Fanning , Littman , Resolution 446 The Chair advised Hr. Vern Perry, financial consultant, has prepared a report which will be presented to the City in the next we~(. According to this report, the cost of such a bond issue to the community will be 29~ per hundred dollars of assessed valuation, which l1ill amount to $36 a year on a house with the assessed valuation of $50,000. ;Il vOI"~"9 tv I i oea~ eorrtJor of ~n '5 pa.ce, The Chair stated the Council has offered a proposal to the public which should be recognized as a method to preserve some of the most unique aspects of this area, its special features being the ridge and its shore line. He stated they have been able to preserve the waterfront at no cost to the citizens, but there is no way to acquire the ridge lands without expending public moneys. He s~fed they are attemptinq to acllieve a concep~ -- they are no~uying parcels of land but a concept_ l"hich will be realized by a combination of acquisition and zoning and realignments of the circulation patterns in this community. Clr:;:y CCUNC:CfJ IvlINUTES NO S" 28~ June 26, Page 5 Littman withdrew his motion and moved that the Council pnss C'. resolution of property RO-I-C D}:_d direct~d staff to ordinance the Counc~l can Cldopt to 1972 seconded by Fanning, intention to zone the immediately prepare an rezone the property. , Upon the advice of Pla.uning Commissioner Allan Thompson and the Director, the Chair directed the record show that the intent of the Planning Commission tlas to approve the RO-l-C concept with the only concern being the overriding policy of the mora- torium, but the Planning Commission, ~'I7ith the exception of the one condition, favored the RO-I-C cluster concept without any increase in density. The Deputy City Attorney advised if the Council interprets the action of the Pla~l~ing Commission to be in favor of the RO-I-C zoning, then the m2ttcr need not go back to the Planning Commission Littman ~'li thd~cc-:/ his motion and mc"\tGd that the Council d('~~~,,(iC: :'.-t (l!?!?:::'op~~i0.t:e mission to go ~.h?D,d a"c th ir; t5.nl(~ :;~nd the merits as to tvhsi:.hcr -th5.s RO-I-C. , seconded by Sennett, for the Planning Com- reach its decision on p~:::-Gp::~rty should be zoned to It was moved by Lj,t.t,n~.=J.n tbc.i: the C-:)u.ncil accept the RO-l-C zoning. The Deputy City A"t-::orne:? ad\.-iced if the Planning Conunission dis2.PP:;:o-:;"c.c1 the J::,ozon Lng application, the Council should remand th~.r._: m:lt.t.(.~J':- b"1ck .1_,) the Planning Commission for its report and rctux'~-l ~:o the; Cc"Yrn.cil as the State Planning Act provides any diffe-~:0nt [l.ction +:hc Council takes from the Planning CC:":h"1li;,sio:-~! ~.~"le m~1t:b:-~z' must be sent back to the Planning CorrD:n.~ss:i.on f;)":.~ :h.o5.:." J::'eport Hr. Bill Breme~', ;yttorney in question is not in the zoning they ,.,il1 dedic:1"te for the applicant, stated the land prio.rity zone and '-lith the cluster five acres of land to the city. The Director prE:'~ented 1:he :i:equest of r.lr. R. B. Ham to rezone l6.5 acres of Parcels 10 ffild 11 from RO-l to RO-I-C. He stated the Planning CcmmiSBion expressed agreement with the cluster concept, but recou~~nded action toward rezoning be withheld until completion of the open space deliberations that concern this proper"i.:y 0 HAH REZCilli1G AT AVEN~D.A HlRAFLORES 4 AYES: NOES: ABSENT COUNCJJ:'NEi~ : COUNCIJ.J..1Ei-J : COUNCIT~HEN : 7:.:::=- DmIj uru None D':;cker Action Recommended rezoning , Littman ~"lithdrc~'l his ma~:i.on to .-::ontinue, and Fanning moved, seconded by ArC1mburll, to z.dopt li.cr;olution 448, a Resolution declaring the unfcllc:.:d s\limnlil'~g pool located on property at 7 Corte LeU; Case~s a publ.~.c nuis ance, and because of the urgency and dangcJ:' to ;',;.10 public, that this nuisance be ordered abated within seven dUY0; ~nd that, if necessary, the costs of abatement b8 0.~Gcss€d i~g0_in3t the property. Uotion carried: ~~ c~dnj.ng , Littman , Sennett The Chair called was no reSpOnDG. for In response to a question by the Chair, the Deputy City Attorney advised if the Council finds i~ an urgency matter and a danger to the safety of 'i:he public, it would have the authority to have the nuisan.~e abated immediatelyo further testimony or evidence, but there CITY COUNCIL HINUTES NO. 5' 28JY June 26 Page 6 , Miss ~o~Ellinwood reported on a meeting she had attended at Sanitary District No. 5 wherein they expressed their intent to adopt an ordinance which would fix a unit value on all of the various sanitary fixtures in single-family and multiple-family homes. She stated at the meeting they passed enabling legislation without a public hearing and discussed collectio~,methods. The Board will adopt the ordinance on July IO, an~Ellinwood ~t~~~ she ~ted to notify the Council half of the residents .e Q.lSo r.es.,dthts 01-,\ 'fJ.buron~ ~ have a 20 percent increase in their total f Sa.,i~~ Dj!7t.~; taxes. She suggested this might be the time for the City to om- 'OIth prop"se4 consider consolidation of the s ani tary district into city 'Ie lble Sewet e~..._~ (<ha.r~) government. 1972 M6sA~llinwood questioned the status of the City's participation in the low-cost HUD mud and slide insurance. The Director stated he is working on this, and the insurance should be available to residents of the City of Tiburon in the next few weeks. PUBLIC QUESTIONS AYES: NOES: ABSENT COUNCIIJrnN COUNCILHEN COUNCILHEN AND CONr-mNTS . . Aramburu, None Becker It was moved by Aramburu, 94 M.S. be deemed to have Notion carried: Fanning seconded by Littman, that Ordinance passed second reading and be adopted , Littman , Sennett On motion of Fanning, seconded by Littman, no objection, the Chair ruled full reading waived and the ordinance was re~d by title and there being of the ordinance only " An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON M.mNDING SECTION 10-7(C) 2 OF ORDINro~CE NO.9 N.S., THE ZONING ORDINAL'\JCE, BY DELETING A PORTION THEREFROH, having passed first reading, came on for second reading and adoption ZONING ORDINANCE N.mNm1ENT DELETION OF 3,000 sq. ft. parcel in R-3 zone adopted 5. Action: The Chair referred the matter to Lands and Development Com- mittee, to work with Allan Thompson to review the past history of this property and the size of the building in the proposed plans. Ord 94 N.S. (~. Allan Thompson, architect, spoke to the matter and pre- sented plans for the commercial building and restaurant. In response to a question by Fanning, the Director stated previous master plan approvals have expired, and a new master plan with a larger building has now been submitted. An ordinance entitled AN ORDIN&~CE OF CITY OF TIBURON APPROVING I1ASTER PLAN STREET, AND SETTING FORTH CONDITIONS, and first reading. THE CITY COUNCIL OF THE FOR NO. 7-11 BAIN came on for introduction Remanded to Lands & Dev. Committee 2 PD AYES: NOES: ABSENT HASTER PLAN COUNCILHEN': COUNCILHEN: COUNCILHEN: APPROVAL Ararnburu, None Becker Action: , I.lotion carried: Fanning , Littman Sennett ...------ .. ~, The Chair requested staff prepare a report on the unit charges, and furnish a letter for the Mayor's signature expressing concern over the action taken. The Chair requested:fllinwood communicate formally her observations of the Board meeting to the City Hanager. 8. M~ ORDINANCE OF THE CITY OF Action: Referred to Planning TIBURON ~1ENDING THE ZONING CommisSion ORDINM~CE BY REGULATING C~~WING WITHIN THE CITY Fanning advised this has been referred back to the Planning Commission. 9. ZONING ORDINM~CE ~mND~mNT Action: Ord. 95 N.S. adopted ALLOtlING OUTDOOR AND SEASONAL USES BY TEHPORARY USE PERrwlIT IN PO ZONE An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON Al4ENOING ORDINANCE NO. 9 N. S., THE ZONING ORDINANCE BY PRO- VIDING FOR THE ISSUANCE OF TEMPORARY USE PEm4ITS FOR OUTDOOR AND SEASONAL USES IN THE PD (PLANNED DEVELOPI~mNT) ZONE, having passed first reading, came on for second reading and adoption. On motion of Littman, seconded by Aramburu, the Chair ruled reading of the entire ordinance waived, and the ordinance was read by title only. , It was moved by Littman, seconded by Aramburu, to adopt Ordinance 95 N.S. To a question by Fanning, the Deputy City Attorney stated Section l. (J) refers to the actual land for which the temporary use permit is sought, and that is the land which must not be immediately adjacent to a ~esidential zone. Question was called, and the mo~ion carried: AYES: COUNCILI1EN : Aramburu, Fanning, Littman, Sennett NOES: COUNCILr.mN: .4None ABSEt'\JT : COUNCIU.1EN: Becker .10. I4ARSH AREA IN DOt~~TO~~ TIBURON Action: Remanded to Lands & Dev. The Chair directed this matter remanded to the Lands and Development Committee, to report back to the Council with their recommendations. Nr. Pieter Hyers, chairman of the Belvedere-Tiburon Committee for the Environment, asked that the marsh area be given a specific designation, not only as open space but as a marsh, with possibly a nature trail around it. Aramburu noted the offer of Mr. Stewart Hopkins to participate Witll the staff and Council in connection with this area. llr. Hopkins asked to be included in future discussions regard- ing the marsh land. 11. BMfJNING SALE OF BEVERAGES IN Action: No action requested NON-RETURNABLE BOTTLES Hr. Pieter Hyers stated it ~las the consensus of the IvIayors and Councilmen an ordinance in this regard would not be enforceable on the local level, and the Belvedere-Tiburon Committee for the Environment intends to urge the Mayors and Councilmen to recommend to the State that legislation be supported. The Chair indicated his support of the legislation. S- June 26, 1972 CITY COUNCIL I'-1INUTES NO 2M Page 7 12. LYFORD DRIVE SIDEWALI< STATUS REPORT Continued. 14. TENTATIVE ~mP FOR lO-UNIT CONDOMINIUM The Director presented the Tentative Map request for a 10- unit condominium at 90 Lyford Drive. The Director stated the City Attorney requested the covenant include in Article 7, Paragravh l, the following: "provided, however, that prior to the date on which 50 percent of said units are sold, these restrictions may not be amended without prior written approval of the City." It waS moved by Atamburu, seconded by Fanning, to adopt Resolution 449, with the appropriate condition to approve the Final Map subject to prior approval in writing by the City Attorney*s office of the revised covenants and restrictions. Notion carried: AYES: COUNCILNEN: Aramburu, Fanning, Sennett NOES: COUNCILHEN: None ABSTAIN: COUNCILHEN: Littman ABSENT: COUNCIL~mN: Becker 13. ADOPTION OF 1972-73 BUDGET To a question by Fanning, the City Manager stated the estimated tax rate is 78~, and the present tax rate is 73 1/2~. . . .... ;'W To a qU6stzon by Sennett, the City ~1anager stated the tax rate should he adopted by the beginning of September, but deletions can be made in the budget up to that date. At the request of the City I1anager, the Chair directed the Register of Claims be amended in the future to omit listing individual names on the payroll, and instead to list the total amount of wages paid. It was moved by Littman, seconded by Aramburu, to adopt Resolution No. 450, adopting the 1972-73. budget. Hotion carried: AYES: COUNCIL~1EN : Aramburu, Littman, Sennett NOES: COUNCILMEN: Fanning ABSENT: COUNCILHEN: Becker V. REPORTS SUSPENSE CALENDAR CASH FLOt'1 (Io.my) The Chair ordered the reports accepted. REGISTER OF CLAIMS NO. 95 On motion of Fanning, seconded by Aramburu, Register of Claims No. 95 was adopted: AYES: COUNCILHEN: Aramburu, Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILHEN: Becker VI. QUESTIONS It was moved by Fanning, seconded by Littman, to adopt Resolution 451 expressing appreciation anq commendation to the County of Harin Sheriff's Department for providing eight years of outstanding police service. Hotion carried: All Ayes S June 26, 1972 CITY COUNCIL MINUTES NO 28,1 Page 8 Expanding Council Chambers Fanning repeated his request to expand into the space vacated by the Police Department. The Chair stated the minutes reflect the City Manager has been asked to furnish Council a report on his plans and proposals for that room; and if there is anything that needs discussion, the matter should be agendized. VII. EXECUTIVE SESSION At 12:14 a.m., June 27, 1972, the Chair adjourned into Executive Session for consideration of appointments to the Planning and Parks and Recreation Commissions. VIII. ADJOURNMENT It being n~~ the hour of 12:35 a.m., June 27, 1972, and there being no further business to come before the Council, the Chair declared the meeting adjourned sine die. ~ BERT BALr.mR, City Clerk/lvIanager , 1972. .s- June 26, 1972 CITY COUNCIL llINUTES NO. 28K Page 9 CITY COUNCIL CITY OF 'l'IBURON I. CALL TO ORDER The regular llleeting of ~e City Council, City of Tiburon, Stat.e of california, was called to order by Mayor Albert H. Sennett at 7:40 p.m., July 10, 1972, in the City Hall Council Chambers. II. POLL CALL PRESENT: COUNCILMEN: 14ayor Sennett., Aramburu, Becker, Fanhinq, Littman ABSBtfi' c COUNCILI1EN : None EX OPPICIO: Robert L. Kleinert, Ass't City Manager Louise l-lirata, Ass't City Clerk Robert I. Conn, City Attomey Stanley Dala, City Engineer I.laurice D. Lafferty, Chief of Police Richard Arjo, Dir. of Community Dev. Louis F. Brunini, Supt. of Public Works Hellen K. Hecht, f.1inute Clerk Itl. APPROVAL OF r~INtJ'1'ES No. 284 Action: Approved There being no objection I the Chair ruled readinq of I-linutes l'fo. 284 of June 22, 1972, waived, and the minutes were approved as submitted. No. 285 Action: Approved as correcUd There being no objection, the Chair ruled readinq of Hinute. No. 285 of June 26, 1972, waived. Fanning corrected the roll call to ShOtf he was present. The Chair corrected the first p~~agraph of page 4, line 8, to read: .. · a concept -- they are not just buying . . parcels of land but a concept inVOlving a linear corridor of open space, ,.,hieh ,.,ill be . . " . There being no objection, the Chair approved written corrections from Anne Ellinwood to page 6, line 9 of the last paragraph, to read: II · of the City of Tiburon are also residents . . of Sanitary District NO.5, some with the proposed inequitable sewer service charges, may have . II . . The last two paragraphs on page 6 should be corrected to read "Anne Ellinwood" in place of "Ellinwood." There being no further corrections, f.linutes 285 of June 26, 1972, were approved as corrected. IV. BUSINESS OF THE COUNCIL 3. ACQUISITION OF OPEN SPACE Action: Ord. passed 1st reading An ordinance entitled A1~ ORDINANCE CALLING A SPECIAL MUNICIPAL BOND ELECTION IN THE CITY OF TIBURON FOR THE PURPOSE OF SUB- MI'J."J.'ING TO THE ELECTORS OF SAID CITY THE MEASURE OP INCURRING A BONDED INDEBTEDNESS OF SAID CI~Y FOR THE ACQU:SITION, July 10, 1972 CITY COUNCIL MINUTES NO. 286 Page 1 C01~STRUCTION AND CO~1PLETION OF THE, FOLLOWING HUNICIPAL IiJiPROVE- lfENT, TO-t'l1IT: REAL PROPERTY FOR OPEN-SPACE, PARI< AND RECREA- TIONAL PURPOSES; DECLARING THE ESTtl-iATED COST OF "'AID MUNICIPAL IivlPRCV;BliENT, THE AMOUNT OF THE PRINCIPAL OF SAID ~EBTEDNESS TO BE JICURRED THEREFOR, AND THE 11A){IHUH RATE OF INrEREST TO BE PAID THEREON; HARING PROVISION FOR THE LEVY AND COLLECTION OF TAXES; AND FIXING THE DATE OF SAIO ELECTIOI~, THE HANNER OF HOLDING THE SAUE, ESTABLISHING ELECTION PRECINCTS AND POLLIliG PLACES FOR SAID ELECTION, APPOIIJTING ELECTION OFFICERS THEREFOR, AND PROVIDING FOR NOTICE THEREOF, came on for introduction and first reading. On motion of Fanning, seconded by Becker, and there being no objection, the Chair ruled full reading of the ordinance waived, and the ordinance can be read by title only. The Chair advised the date of September 19 had been proposed by staff as the date for the election at the request of the County, who have set special elections for this date in other areas of the County. However, Hr. Rampton Harvey, chair- man of the Open Space Committee, and former Hayor Rice had urqed the date be changed to October 3, 1972. It was moved by Fanning, seconded by Beeker, that the ordinance be deemed to have passed first reading with the appropriate changes to October 3 as the date of the election, to be made as follows: On page 2, under Section 1, page 6; on page 7, paragraph (9'), line 5, should be changed from September 26 to October 10; the last page under Clerk's Certificate, line 6 of the second para- graph should read "at a regular meeting of the Council . . . on July 24, 1972." At the request of Littman, and there being no objection, the Chair ruled the ordinance amended to delete the word "park," in the title and the body of the ordinance, the phrase to read "real property for open spacel ~jil.t)l and recreational purposes. It Fanning accepted the amendment. The City Attorney recommended the ordinance be reintroduced with the appropriate changes made by Council. The Chair ruled that the ordinance before the Council with the changes given by the Assistant City Clerk and by Littman as the ordinance before Council for first reading. It was moved by Fanning, seconded by Becker, that the ordinance, as amended, be deemed to have passed first reading. The Chair read the ordinance by title only. Question was called, and the motion that the ordinance, as amended, pass first reading, carried: AYES: COUNCILHEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILHEN: None 7. FINM~CIAL REPORT REGARDING Action: Report received ACQUISITION OF OPEN SPACE The Chair received the report from Mr. Vernon Perry, financial consultant, entitled tiTHE CALIFO~IA l~ICIPAL FINANCE CITY OF TIBURON - OPEN SPACE ACQUISITION - FINANCE." July lO, 1972 CITY COUNCIL MINUTES NO. 286 Page 2 CITY COUNCIL llINUTES NO . 286 July 10 Page 3 I The Chair stated Council was advised at that time by rezoning the property it would not be removed from the moratorium area, development would require a special use permit, the Council was not increasing the density, and was not approving any specific plan to develop the property. 1972 The Chair referred to Council Minutes 285 which indicated Planning Commissioner Thompson and the Director of Community Development advised in principle the Planning Commission approved clustering in this area, but their reason for not recommending action at this time was their concern it would be inconsistent with the open space program. Planning Commissioner Wayne objected to the Council's taking action on the rezoning at this time in that the Planning Com- mission had asked that DO action be taken in this matter until all rezoning studies have been completed. It was moved by Littman, seconded by Fanning, nance be deemed to have passed first reading. that On motion of Littman, seconded by Fanning, and there being no objection, the Chair ruled reading of the full ordinance wai~ed, and the ordinance was read by title only. the ordi- An Qr~inance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TIBURON REZONING CERTAIN PROPERTY IN THE VICINITY OF AVENIDA MlRAFLORES AND HACIENDA T1RIVE FROl4 THE RO-l ZONE TO THE RO-1C (CLUSTER OVERLAY ZONE), came on for introduction and first reading. HAI1 REZONING AT AVENIDA HlRAFLORES passed 1st reading 1. Action The Chair suggested sending two letters in the next two weeks, one to every resident in the City of Tiburon explaining the Council's actions; and one to every property owner within the area of the moratorium, inviting them to discussions with Council and appointed citizens. He stated one member of the Council, on an on-going basis, should be present, along with members of the Open Space Committee, former Mayor Rice, and staff at meetings with landowners. : Ord. The Chair referred the report to the Lands and Development Committee for their reaction and recommendations with respect to any differences in this report and the reports of the Open Space Committee and of Williams and flocine, and also for their comments with respect to the redevelopment concept. He directed the matter come back to Council at the first meeting in August. The Chair on behalf of the Council expressed its appreciation to Mr. Vernon Perry for the comprehensive report prepared and the assistance given to Council and staff by his firm. r'lr. Perry gave the background for preparing the report, which dealt with (1) the purchase of prime properties by General Obligation Bonds, (2) the possi~ility of redevelopment for the downtown area and areas up Tiburon BOUlevard, and (3) parcels outside the city limits over which the City has no control. !he Chair urged interested persons obtain copies of the report from staff for study, and that neighborhood associations be encouraged to agendize the report at their meetings for discus- sion. He stated members of the Council and staff would be happy to par~icipate at meetings when the report is discussed. CITY COm~CIL HINUTES NO 286 July lO Page 4 , The Director advised the Planning Commission in this matter recommended approval of the concept of clustering but took no direct action on the proposed rezoning request in lieu of the consideration of the otller properties under open space considera- tion. 1972 Mr. Rampton Harvey urged rezoning actions be done in relation- ship to an adopted Open Space element of a Master Plan, which he urged be adopted. It was moved by Aramburu, pass first reading. seconded by Becker , that the ordinance On motion of Aramburu, seconded by Becker, and there being no objection, the Chair ruled the ordinance read by title only, and the ordinance was so read The Chair referred to a letter from Mr. and Mrs. Cassou, property owners, requesting this property be excluded from the Open Space moratorium area and it be rezoned R-lC. The Chair directed the minutes reflect the report of the Planning Director that the approval of the R-IC zoning does not increase density; the cluster z<ne would require a use permit, being in the moratorium ~rea; ~~~ter and Precise Plan approval would be required for development of RjlC property; and the State Law gives the City the power to reject any design not consistent with Open Space Plans. Also, the City could rezone the property again if, upon completion of the Open Space Plan, the City feels public necessity requires rezoning. The Director read a letter from ~tr. Frank Wosser opposing the rezoning, and a letter from IJrs. Helen E. Newman endorsing the cluster concept but opposing any increase in density. An ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TIBURON REZONING CERTAIN PROPERTY IN THE VICINITY OF GIU.mRTIN DRIVE FROM THE R-l ZONE TO THE R-lC (CLUSTER OVERLAY ZONE), came on for introduction and first reading CASSOU REZONING ON GILHARTIN DRIVE 2. Action: was excused from the meeting Ord. passed lst reading (At this time Fanning AYES: NOES: ABSENT COUNCIU.fEN COUNCILNEN COUNCILf.1EN . . . . . Aramburu Fanning None . ] , Question was called, and the motion that the ordinance pass first reading carried: Becker, Littman , Sennett The Chair ruled the Council accepts the intent of the Planning Commission set out in Uinutes 285, and if this does not clearly reflect the Planning Con~ission~s action and the minutes are incorrect, the Planning CO~'1\i~r.j.on should advise the City Council. The Council will then take the necessary procedural steps to either affirm the Planning Commission's recommendations or return the matter to the Planning Commission. ~tt. Rampton Harvey stated the Open Space Commi~tee feels cluster zoning for this property is not inconsistent with their plans. fir. Chester Judah read a letter to the Council support- ing Hr. Nayne's request open space areas not be zoned piece- meal, but considered on an overall basis. CITY COill-lCIL A recess was taken at 9:30 p.m., 9:40 p.m., with Aramburu, Becker, present and FJnning absent. l-1INUTES NO. the Council reconvening at Littman and Sennett 286 July 10 Page 5 , 1972 RECESS On motion of Littmaft, the Chair directed second reading of this ordinance continued to August 14 in order that tlle eouncil may receive the minutes of the Planning Commission prior to the second reading. The Chair directed the minutes reflect Littman's motion, and that it be considered a direction from the Chair through the Planning Director to the Planning Commission, that the Council receive their recommendations, as formal as possible, in response to Littman's concerns. AYES: NOES: ABSENT: COUNCILHEN COUNCILI1EN COUNCILHEN Aramburu, Li ttman Fanning Becker, Question was called on the motion that the ordinance pass first reading, and the motion carried: Sennett AYES: NOES: ABSENT COUNC IlJ.'IEN COUNCILNEN COUNCILNEN . . . . IJi t tman Aramburu, Fanning ~'Becker , Sennett Question Littman moved, seconded by Becker, a substitute motion to continue the hearing on first reading and to request the Planning Commission to reconsider the specific question of the desirability of having this area rezoned at this time to R-IC in relation to its location, site and de~~i~y. 't'las called, and the motion failed Littman stated in his opinion there is more potential for damaging the landscaping with clustering in R-lC. In response to a question by the Chair, referring to Littman's concerns, the Director stated R-IC cluster has different require- ments than RO-lC in that in R-l e the density is four times as high, and you are allowed attached dwellings of four in one group. It does not permit higher density but the units can be placed closer together to allow for open space Ur. Rupert Jernigan Council take action representing Hr. and Urs. Cassou, in this matter this evening. urged , Littman stated in his opinion this application for rezoning an area to R-IC is different than the Ham application for RQ-IC zoning in that R-IC allows a m~~h higher density. He would recommend the Planning Comnlission carefully consider the cluster zoning for this area, taking into consideration the fact that this area is close to Hilarita, which will have a high density. Aramburu asked that the record reflect he does not agree to any development of these parcels. He agrees with ~~. Harvey there must be a fair and equitable way or dealing with all rezoning requests and the Council needs to vote in a way con- sistent with a uniform approach to all property owners. The Assistant City Hanager presE:.lted to the Council a resolution establishing the annual snlary p1:ogram for the City of Tiburon for- the fiscal year 1972-73 't'lithin the frame\'Jork of the Personnel System. July 10, 1972 NO 286 Page 6 CITY COUNCIL HINUTES I.lASTER SALARY PROGRAl1 AND SCHEDULES FOR ~972-73 4 Action The Chair directed this matter referred to the Planning Com- mission for their specific recommendations with respect to the t'.lilliams and Hocine report and the Open Space Studies, to come back to Council on August 14. Res 452 adopted The Director of Community Development presented the request of Hr. Kenneth R. Frankel to remove his eight lots on Acacia Drive from the Open Space moratorium. He stated this property had been placed by urgency ordinance into the open space mora- torium on April 24, 1972, and are of low priority, ~~ he would offer to sell the land to the City for $8,000 per acre 12 LETTER FRor::i K. R. FRANKEL Action Ref 'd to Planning Com. IV There being no objection, the CLair ruled the Council accepted the City Engineer's recommendation, with due concern for Ilr. Husso. In response to a r.~quest by Becker that the City do the work, the City Engineer advised the job is too major for the Public t'Jorks Department, but offered his assistance to attempt to get the job done as inexpensive as possible and to obtain three bids for I1r It ~1usso. r-tr. Busso accepted the Chair's ruling. BUSINESS OF THE COUNCIL The Assistant City l-1anager brought to the Council's att~ntion the fact that r/lr. John Busso had improved a portion of his sidewalk on Hain Street ,~ith blacktop. The City Engineer reported llr. I"lusso had been advised by the Superintendent of Public Works that the sidewalk in front of his property, 55 feet from the corner, showed some cracks and would have to be repaired. Instead of repairing the concrete 11r. Musso over- laid it with blacktop, which is not acceptable for a main city sidewalk. He recommended the blacktop and cracked concrete be removed and replaced with proper concrete, at an approxi- mate cost of $650. In response to a question by the Chair, the City Engineer stated repairing damaged sidewalks is the obli- gation of the property o\.,ner. ilr. John I1usso, speaking in his behalf, stated citizens of Tiburon have advised him they prefer blaCktop to concrete, and he requested permission to even the sidewalk out and leave the asphalt. He stated he had been advised by the Superintendent of Public t10rks that the City must redo all of I1ain Street in the near future, and therefore requested permission this be allowed as an interim repair job. In response stated the before the to a question by Mrs. Polly Smith, the Director t1illiams and rlocinc Plan will be ready for a hearing Planning Commission by the end of July i-lr. Donald Batten, on behalf of the Bel veron Property Ot.mers Association, thanked iIr. Louis Brunini and the Public tvorks Department cre~l for their cooperation in clearing up the future site for the mini park. He requested assistance from the City Engineer in the contour plan and surveying, and stated the Belveron Association will contribute one-half of the cost. The City Engineer offered his assistance, and the Chair stated the City will be happy to participate. / v PUBLIC QUESTIONS AND COi'1MENTS CITY COUNCIL J.1INUTES NO 286 July 10 Page 7 , 1972 With the consent of Littman, Sennett amended the motion to read, ". · . and does not result in the creation of any large county regional park in Tiburon for large-scale, intensive use. Hrs. Pc!)lly Smith suppo~cted 0. regional park district as a means for obtaining more open space as tile City of Tiburon cannot purchase all the land desired without outside help. It was moved by Littman, seconded by Becker, that the City Council advise LAFCO that it favors the idea of a Regional Park District only ~o long as such c district is under the jurisdiction of the Board of Supervisors and does not result in the creation of any large county parks in Tiburon. Littman suggested the Cou.ncil 0.nst-ler three questions (1) whether the Council ~vill be in favor of having a separate board, which he does not favor; (2) \c'lhether it is necessary for the 10(: override tax; and (3) rC:'ferring to the County Parks & Recreation Director's letter expressing an interest in obtain- ing ot~ership of Tiburon's ridge lands, Littman recommended the Council make it clear they are not in favor of a regional park on the ridge of Tiburon. The Assistant City be agendized as the of the concept of ~ addressed itself to Manager stat~d Littman requested this matter Counei.l hnd previously indicated its support I1a~("in Regional Par~ District, but not the governing board of the district. REGIONAL PARK AND OPEN SPACE DISTRICT FOR NARIN COUNTY Favored Regional Park 6 Action Becker withdrew his motion, with the consent of Aramburu. The Chair directed this matter remanded to staff for review by the City Attorney regarding the liability aspect, to be brought back at the next meeting. Aramburu questioned whether the resolution would put additional responsibilities on the City by the provision that the Building Inspector review applications and make certain findings. Littman suggested including in the resolution a clause stating nothing in this resolution shall be deemed to be a liability on the City of Tiburon. It was moved by Becker, seconded by Aramburu, to adopt Resolu- tion 453 concerning construction in areas of the City of Tiburon in ,~hich there is a danger of flooding. 5 FLOOD INSURM~CE PROGRill1 The Chair directed this matt~r to the Public Services Committee, to report back at the next meeting. Action Remanded to staff AYES: NOES: ABSENT COUNCILHEN COUNCILHEN COUNCILHEN Ar('unburu, None !"anning Becker, Littman, Sennett Question was call~d Becker stated due to his illness the Public Services Committee had not met on this matter. The Chair stated the resolution could be passed and amended at a later date. , and th~~ motion carried It was moved by Becker tion 452. , seconded by Aramburu , to pass Resolu- Question was called, and the motion as amended, carried: AYES: COUNCILMEN: Aramburu, Becker, Littman, Sennett NOES: COUNCILI-1EN: None ABSENT: COUNCILf,lEN: Fanning It was moved by Becker, seconded by Littman, that the City Council go on record as favoring the inclusion of San Rafael in the county-wide regional parl{. The Assistant City I-lanager recommended the Council favor the district being composed of the present boundaries of the County of I1arin. Question was called on the motion by Becker, and the motion carried: AYES: COUNCILHEN: Aramburu, Becker, Littman, Sennett NOES: COUNCILIlllEN: None ABSENT: COUNCILUEN~ Fanning 8. LYFORD DRIVE SIDEWALK Action: Accepted City Engineer's STATUS REPORT recommendations The City Engineer presented tile staff report on the Lyford Dirve sidewalk, recommending white striping to delineate pedestrian area, reflectors, and moving the center line over. It was moved by Littman, seconded by Becker, the Council authorize the City Engineer to contract to stripe the sidewalk on the existing asphalt. Ilrs. Barbara Meislin encouraged the Planning Commission be instructed in the future to require provisions for safe walking areas in new developments. Question was called, and the motion carried: AYES: COUNCILHEN: Aramburu, Becker, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILHEN: Fanning 9. COm~TY SERVICES IN CONDUCTING Action: Res. 453 adopted OPEN SPACE BOND ELECTION It was moved by Aramburu, seconded by Becker, to adopt Resolution 453, a Resolution of the City of Tiburon requesting provisions of service relating to tile conduct of an election. The Assistant City Manager amended the resolution to change the date from September 19 to.Qotober 3, 1972. Question was called, and the motion, as amended, carried: AYES: COUNCILi lEN : Aramburu, Becker, Littman, Sen~~tt NOES~ COUNCILHEN: None ABSENT: COUNCILHEN: Fanning 10. RICHARDSON BAY LINEAL PA!:U< Action: Cant'd to July 24 UASTER PLAN At the request of the Assistant City Manager, this matter was continued to July 24. July 10, 1972 CITY COUNCIL HIS UTES NO 286 Page 8 CITY COtJ~ CIL In response to a question by Aramburu, the City Engineer stated the State is working on the stop signs for Avenida Miraflores and Del Mar. HINUTES NO. 286 July 10 Page 9 1972 Stop Siqns at Avenida Miraflores and Del There being no objection, the Chair stated it is the sense of the Council there is no objection to the race, but the starting time should be advanced. Becker suggested they post a bond, and they be held responsible in writing for up after the race and they be required to cooperate with public safety officers and other members of staff. r.1ar cleaning the In response to a question by the Chair about the proposed foot race to be held in Tiburon, the Assistant City flanager stated a request had been made to City Hall to use the bike path and Tiburon roads on Saturday, July 22nd, for a foot race, to start at 9:00 a.m. in Richardson Bay Park Foot Race through Tiburon The Chair suggested Miss Ellinwood be asked to make specific recommendations to staff in this regard; and if staff agrees they should communicate these to the Council so appropriate recommendations can be made to the Sanitary District. on July 22nd , The Assistant City Manager stated in regard to an inquiry at tile last council meeting concerning the sewer service charge, that staff had contacted the Tiburon Sanitary District No. 5 and obtained the following information: The proposed ordinance for a sewer service charge is an interim measure and they are attempting to find other methods of financing to charge on a flow basis. Secondly, they hope to have an inventory of the entire Tiburon District within a month's time. The service charges would be collected by the annual billing on the property tax bill. In regard to Anne Ellinwood's concerns, staff agrees there are some inequities in the charges proposed for residential as opposed to commercial use. Tiburon Sanitar District No 5 Service Charqes AYES: NOES: ABSENT COUNCILr~1EN COUNCILHEN COUNCILI\'lEN VI Aramburu, None Fanning QUESTIONS Becker I Littman , Sennett Question was called With the approval of Beeker, in line one to read: IJ... established by Resolution of , and the motion Littman amended the resolution that fees for applications be the City Council; and" as amended , carried It was moved by Becker, seconded by Aramburu, to adopt Resolution 454, a Resolution of the City Council establishing fees for Horse License Application. 11. FEE SCHEDULE FOR LICENSING OF HORSES Action Res 454 adopted VII EXECUTIVE SESSION At 11:45 p.m., the Chair adjourned in Executive Session for consideration of appointments to the Planning and Parks and Recreation Commissions. VIII. ADJOURNHENT It being now the hour of 12:15 a.m., July 11, 1972, and there being no further business to come .b~fore the Council, the Chair declared the meeting adjourned to Monday, July 17, 1972, at 7 :~O .p~m. BERT~~ ~jr.ianager .- --- APPROVED BY THE CITY COm~CIL ON: , 1972. July 10, 1972 CITY COUNCIL MINUTES NO. 286 Page lO CORRECTED MINUTES CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The adjourned meet.1ng of the C~ty. Council,. Ci.ty. of 'l'iburon, Sf:au..of California, was called to order by Mayor Albert H. Sennett at 7:42 p.m., July 17, 1972, in the Clty Hall Council Chambers. II. ROLL CALL PRESENT: COUNCIU1EN: Aramburu, Becker, Fanning, Littman, Sennett ABSENT: COUNCILMEN : None EX OFFICIO: Robert L. Kleinert, Ass't. City Manager III. APPROVAL OF r1INtJTES There were no minutes approved. IV. BUSINESS OF THE COUNCIL 1. ACQUISITION OF OPEN SPACE Action Adopted Resolution No. 445 Mayor Sennett reviewed the past action of the Council in reference to the City Council's calling for a special bond election to acquire open space. He noted the Resolution of Public Interest and Necessity has originally been adopted at the June 26th Council meeting and the Ordinance Calling for a Special Bond Election had likewise been introduced and passed first reading at the July 10th meeting. Because of the Council's desire to eliminate the word "park" from both the resolution and the ordinance, it was now necessary to rescind the adopted Resolution No. 446, and the ordin- ance which had passed first reading would not came on for second reading. Resolution of Public Interest & Necessity A motion by Panning, seconded by Becker to adopt the revised Resolution No. 455 "RESOLUTION DETEmUNING THAT THE PUBLIC INTERBS7 AND NECESSITY DEMAND THE ACQUISITION, CONSTRUCTION AND COMPLETION BY THE CITY OF TIBURON OF THE FOLLOllING ~tUNICIPAL Il-tPROV'EMENT, TO t'lIT: REAL PROPERTY FOR OPEN-SPACE AND RECREATIONAL PURPOSES J AND THAT THE COST OF SAID MUNIcrPAL IMPROVEMENT t.7ILL REQUIRE AN EX- PENDITURE GREATER THAN THE AMOUNT ALLota:D THEREFOR BY THE ANNUAL TAX LEVY". Anne Ellinwood questioned the Council's reasoning for the elimination of the word "park" fran the oriqinal resolution and ordinance. The Chair responded that Council was concerned the word would possibly cause some misconception or misapprehension by some Tiburon residentsl in that it would be equateo with intensive structured use. Question was called on the motion to adopt Resolution No. 455, and the motion carried: AYES: COUNCIU..fEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCIU1EN : None ABSENT: COUNCIUmN: None Ordinance Ca1linq for a Special Bond Election A motion by Fanning, seconded by Becker, and there being no objection, the Chair ruled full, reading of the Ordinance waived, and the ordinance was read by title only. July 17, 1972 CITY COUNCIL MINUTES NO. 287 Paeje 1 Motion of Fanning, seconded by Beeker, that the ordinance be deemed ~o have passed first reading. Anne Ellinwood stated that she felt it was unnecessary for the City to conduct a special bond election and that the proposed election should be incorporated with the General Election on November 7th, only a few weeks later. This would provide a savings to the tax- payers and assure a maximum turn-out to vote on the issue. Question was called on the motion that the ordinance pass first reading and the motion carried: AYES: COUNCIUotJEN: Aramburu, Becker, Fanning Littman, Sennett NOES: COUNCILrmN : None ABSENT: COUNCILHEN: None ... v. ADJOURNUENT It now being the hour of 7:55 p.m., July 17, 1972, and there being no further business to come before the Council, the Chair declared the meeting adjourned sine die. BERT ~ L ,erk/Manager APPROVED BY THE /UNCIL ON: , 1972 1~ ; I ON CITY COUNCIL l-tINUTES ~'O. 287 July 17, 1972 Page 2 .- _ , ::-: ! ,J.r.~ CORRECTED MINUTES _~~~tj~J~i~ ~ tt."~l CITY COUNCIL CITY OF TI~URON 1. CALL TO OlWFR The regular ~eeting of the City Council, City of Tiburon, ~tate of California, '''89 called to order hy ....ayor J\.lhert ft. Sennett at 7:42 P"', July 24, 1972, in the City Hall ~ouncil Chambers. 11. ROLL CALL PR~SEtlT : COUNCILrIEN: ~1ayor Sennett, AraJT\buru, Becker, LittMan AR~ENT: COUNCILr~EN : Fanning E~ OFFICIO: Robert T<leinert, Assistant City 'fanaqer Richard Breiner, Deputy City ~ttorney Richar01\rjo, Dir. of Coml"\. nevelopment ~ichael Lafferty, Chief of Police Louis v. Brunini, ~upt. of Puhlic r~orks Louise ~irata, Ass't City Clerk Jesper ~tran9aard, Deputy City Engine~r There se 1\'. Condy, l'~inu te C Ie rk 111. APPROVAL OF ~flJo~UTE~ No. 283, 28~, 287 Action: .~"proved. There being no objection, the Chair ruled full readinq of minutes 283 of June 12, 1972 waived. Aramburu ~oved acceptance, Bec~er seeon~erl. The Chair directed Minutes 293 adopted. There being no objection, the Chair ruled full reading of ~~inutes 286 of July 10, 1972 waived. Recker moved acceptance, Aramburu secon~eo. The Chair ~ireete~ "~inutes 286 adopted. There beinq no objection, the Chair ruleo rul1 readinq of ~inutes 287 of July 17, 1972 waive~. Becker moved acceptance, ~amburu seconde~. The Chair re~ueste~ that under Resolution of Puhlic Interest an~ Necessity, para- qraph ?, the words "equated with intensive structurerl use" he added at the end. There being no further corrections, the Chair directed ~1inutes 287 adopted. .~ ,. CITY CCKnICIL MINUTES MO. 288 July 24, 1972 Page 1 CITY COUNCIL ~1INUTE~ NO. 2R8 July 24 Page 2 , 1972 AYES: NOES: ABSENT: COUNCILfmN : COUNCIU1EN : COUNCIU1EN: Aramburu None Fanning The Chair moved that Ordinance second reading and be adopted. , Recker 96 N.S. 1I1otion , Littman be deemed to have passed carried: , Sennett Mr. Ham addressed the Council and explaine~ his only intent was to save t~e and go through the necessary procedures before the end of the moratorium, but he would wait until the end of the moratorium for construction. Aramburu stated that he was originally critical of the Planning Commission because they approved the cluster zoning but recomMended no action be taken. He agreen however that there should be consistent action toward the moratorium lands. Littman pointed out that this property under consideration, although subject to the moratorium, was not recomMenned for acquisition in the open-space program. The City Attorney stated that no use could presently be ~ade of the property without a use permit. The Director replied that the Council would be obligaten to review it in light of the open-space element; and in addition, State law requires the zoning map to confo~ to the general plan. The Chair asked if the Hilliarns & '1ocine study and the Planning Commission make further recommen~ations, would the fact that we have approved this cluster zone prevent us from again reviewing this matter including re-evaluating this parcel. Robert Hayne, representing the Planning Commission, stated it. was not their intent that the City Council rezone the property to a "C" zone at this time. The Planning COMmission's feeling is that to do so at this time would be setting a precedent. The Commission feels that rezoninqs should wait for the 1'\1i lliams & !',iocine study so that new open-space zoning policy can be established. '!ayor Sennett expressed the opinion that in evaluating the density permitted in cluster zones or ~p zone a comparison be made of the actual yield when applied to conventional development so that cluster zones would not permit a greater unit yield. Develo~ers should not expect higher densities. The Director of Community Development presented the ite~ to the Council and reported the Ordinance had passed first reading and was returned to the Planning Commission for clarification of their report to the Council. The Planning Commission at its meeting of July l~, 1972 upheld their initial report and recOMmended no rezoning at this time. The Commission's consensus was that rezoninq '~uld he miSleading to the applicant, since in effect, final zoning action cannot be con- stituted until the zoning recommendations based on the Open ~pace Plan are completed. On motion by Becker, seconded by Littman, and there being no objection, the Chair declared reading of the full ordinance waived and the ordinance was read by title only. An ordinance entitled AN ORDIN~lCE OF THE CITY CO~lCIL OF THE CITY OF TIBURON REZONING CERTAIN PROPERTY IN THE VICINITY OF AVENIDA UlRAFLORES AND HACIENDA DRIVE FR<Y1 T~ Ro-I ZONE TO T~ RO-lC (CLUSTER OVERLAY ZONE), came on for second reading ann adoption. adopte4 1. IWi REZONING AT AVENIDA r.!IRAFLORES lV PUSINESS OF THE ACTION: COUNCIL Ord . 96 N.S. July Page 24 3 CI"'Y Littman made a motion to amend the ordinance as drafted under Sec. 1, paragraph A-I deleting" and approved by Planning Commission June 6, 1972" and adding, "which \~ere received for purposed of illustration1 provided that the density of use on the site should not exceed floor area of 9,000 sq. ft. and provided further that nothing in the approval of the f1aster Plan shall be construed to accept the proposed parking and which matter it be left for the Precise Plan stage. r1otion accepted. COUNCIL !1If'''nTRS '"10 2PR 1972 Becker stated he would like to see a different plan while agreeing that this was a feasible project. Aramburu asked if approval of these when it does quote figures. The City figures, Attorney does this construe our replie~ affirmatively. The Chair asked the City Attorney if these plans dio meet the pre- requisite of the Iiaster Plan. The City Attorney replie~ in the affirmative. Allan Thompson, architect for ~1r. Zelinsky, expressed their intention was to supply information so that the Council could understand the proposen uses. fIr. Zelinsky was negotiating with a prospective tenant, and would need some approval fram the City before he could procee~ with the tenant. ~r. ThOMpson stated that they could accept the density of 9,000 sq. ft. ana proceed to a Precise Plan. He also agreed with the Planning Director that the parking probleM should be resolved in an overall plan of the Zelinsky properties. The Chair stated that in the past they had .had occassions where they had given approval for what they thought was proper use, when in fact the Council had given approval for more details. Discussion followed regarding the two sheets (~1aster Plan) which were before the Council. LittMan asked if the Planning Commission had approved this as a Ttaster Plan providing the building is reduced. The Director replied affirmatively. ~ecker stated he was not sure they had all the necessary information available at this time. He agreed with the concept of the restaurant and shop but not the actual plans. The Director replied that specific zoning wouln intensity as pernitted under the ~o,~town plan. restaurant of a certain size ann a shop. allow certain use and In this case, a The Chair questioned as we committing ourselves. to when The Director presented the Planning Commission's overall concern for the total building's intensity. He recammende~ 9,000 sq. ft. for total floor area; and that the parking problem be resolve~ before the building permit stage. He is presently working with Hr. Zelinsky.s architects to resolve the parking problem. Aramburu presented the Lands and Development Committee report. The Committee had talked to the Director of C~unity Development and Allan Thompson, architect for the applicant. Aramburu cited the difference in the gross square footage from the 196q application; and the objections of the Planning Commission regarding the overhang and size of the projected roof. Pe also citee the parking probleM and the fact that the density as presented was not acceptable. lftle approve a i'1aster Plan hO~1 far are On motion by Becker, seconded by Littman, and there being no objection, the Chair declared reading of the full ordinancewaive~ and the ordinance was read by title only. An ordinance entitled ~! ORDINANCE OF THE CITY COm~CIL OF THE CI~Y OF TI~URON APPROVING ~mSTER PLAN FOR NO. 7-ll r1AIN STREFT, AND SETTING FORTH CONDITIONS, came on for first reading. 2. 7-11 ,lI1AIN STREET PLAN APPROVAL r-1ASTER Action Ord. passed first readinq as a~ended The City Attorney reminded Council that when this subject was brought up three years ago it was decided then that permanent public access would be determinded at the Precise Plan stage. Hr. Thompson agreed. Question was called and the Motion ~"as adopted. AYES: COUNCILr1EN: Aramburu, Becker, Littman, Sennett NOES: COUNCILl'1EN: None ABSENT: COUNCILI\.1EN: Fanning 3. ACQUISITION OF OPEN SPACE Action: Orne 971'.1.S. adopted An ordinance entitled, AN ORDINANCE CALLING A SPECIAL MUNICIPAL qOND ELECTION IN THE CITY OF TIBURON FOR THE PURPOSE OF RUR~1ITTING TO THE ELECTORS OF SAID CITY THE t~EASURE OF INCURRING A BONDED INDETlTEDlYESS OF SAID CITY FOR THE ACQUISITION, CONSTRUCTION AND CO!'1PLBTION OF THE FOLLOPING nUNICIPAL Ir1PROVE!-~ENT, TO HIT: REAL PROPERTY FOR OPEN-SPACE AND RECREATIONAL PURPOSES: DECLARING THE ESTI~1ATED COST OF ~A.ID INDEBTEDNESS TO BE INCURRED THERFFOR, AND TRR T\1AXI!'lU~1 RATE OF INTEREST TO BE PAID THTIREON: r~{ING PROVISION FOR TPE LIDTY ANn COLLECTION OF TAXES: AND FIXING THE DATE OF S.A.ID ELECTION, THE ~1ANNER OF HOLDING THE SArffi, ESTABLISHING ELECTION PRBCINCTS ANn POLLING PLACES FOR SAID ELECTION, APPOINTING ELECTIONI.:OFFICERS THERRFOR, AND PROVIDING FOR NOTICE THEREOF, having passed first reading, came on for second reading and adoption. On motion by Becker, seconded by Aramburu, an1 there being no objec- tions, the Chair declared reading of the full ordinance waived and the ordinance was read by title only. The Chair replied to a question by r1r. Flanagan that the estimated cost of the bond election would be $1,500.00. In response to a question of fir. Harans, the Chair replie~ that they estimate~ 100 to l25 acres would be acquired. The Chair moved that Ordinance 97 N.S. be deemen to have passerl second reading and be adopted. Jl1otion carried: AYES: COUNCIIJ.iEN: Aramburu, Recker, Littman, Sennett NOES: COUNCIL~/IEN : None ABSENT: COUNCILJ'.1EN: Fanning The Assistant City rianager requested that the Council approve Item T-3 (2nd Rev.) TAX RATE STATEr~NT IN CO!'-TNECTION NITH Sl,250,OOO BOUD ISSUE TO BE SUBr1ITTED AT BOND ELECTION ON OCTOBER 3, 1972 IN THE CITY OF TIBURON. On motion by Aramburu, seconded hy Becker, the Tax Rate StateMent T-3 ( 2 nd Rev.) as prepared by the financial consultant Vernon Perry, was approved. AYES: COUNCILHEN: Aramburu, ~ecker, Littnan, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILHEN: Fanning ~r.'r:R~~ .~ recess \~1aS taken ~t Jl: 5 7 P~1, thF! counci 1 reconvening at 9: 1 0 pf\~, the roll standing as oriqinally taken. PUBLIC QUr;~TIONS AND CO"1rlBNTS ~1r. Donald Batten, representing the Relveron Associ~tion, announced that r~r. nala harl donaterl his services to fiYinq-up the ~ini-Dark in Belveron and "1r. Joseph Fanfor of Fanfor & "1.::tlloy l1ao oonatert his services for gradinq nurposes. "1r. "'cGoNan, ",ho 01;t1nS a small niece of the property, agreed that grarlino cou1~ be none on his property. CITY COUNCII.. ~~IJ'TUT"Rc; NO ?R~ \.Tu1y 26, 197~ Paq~ 4 l'tr. Batten requested on behalf of Fanfor & P..1alloy a hold harmless agreeMent from the City, an0 the Chair directed the City ~ttorney to prepare the approgriate document. 4. SEDERQUIST LOT SPLIT Action: Continued Use Permit Application The Planning Director presented the applicant's request. Be explained that a variance w~s granted Making the oivision into t\'10 lots possible; the nE:ces .3ary action to approve under the Subdivision Ordinance did no~ follow, the applicant's understand- ing being that no further approval ~~7as necessary. ~taff feels that it is a logical division of land and it is consistent with the land around it. However, it should be noted that it is within the principal area of interest for open-space acquiqition ann therefore requires a use perrait. Council discussion followed re the advisability of granting the use permit at this tine because of the possibility that the City ~ight want to acquire this property and the Council's concern that they didn't want to be unfair to the applicant since the variance had previously been adopted. The Chair directed the City1\ttorney receive affidavits from the Sederquists and Phil Scott, review theM and give a separate opinion at the next Council ~eeting. Littman suggested that the minutes of the previous variance ap~li- cation before the Planning Commission and rity Council be included ".1i th the report. The As~istant City r'~anager announced that Agenda Item 9, ~ICHAADSOI~ RAY LINEAL PARK "1ASTF'R. PLl\"'T Must be continuen. 5. FLANAGAN LOT SPLIT Action: Res. 456 ariopten as amenrleo. The Planning Director 9resented the application ann drawings to the Council. ~ince the June l2th ~eeting, it has been ~etermined that the portion of the property being divided is not within the principal acquisition area and the Horse Ordinance has been anopteo. ~ince it does not create a new building site, staff has no ohjectionto the use permit as presented which in effect becomes a lot line adjustment. Discussion followed re decisions ~ade on property within the Moratorium and the necessity for indivinual interpertation. Becker moved approval of Resolution 456, GRANTING A USE PEID1IT TO BRUCE FLANAGAN OF 280 ROUllD ~TILL ROAD, TIRURON. The Chair suggested that the resolution incluGe amendment to read: paragraph 1 of AND BE IT FURTHER R~SOL'7ED clause, Filing of a parce 1 map, "TO INCLUDE THE C01':~BININ~ OF PARCEL "c" r.TITH LOT 8 OF Sr~ITHRIDGE ESTATES AS A SINGLE PARCEL" etc. Question was calle~ and the Motion, as amended, was adopted. AYES: COUNCIL:'tEN: Aramburu, Becker, Littman, Sennett NOES: CQHNCI Ll'1.Err:. None ABSENT: COUNCIL"f8N: Fanning 6. FLOOD INSURANCE PROGR1\rl Action: Res. 457 adopted as amended The Assistant City qanager intronuced the revised resolution as prepared and submitted by the City Attorney. The City Attorney expla.ined that he had made the changes as instruct~q by the City Council: that the had reviewed the regulations of HUD and reworded it giving the Building Inspector More control. CITY COUNCIL HINUTES NO. 2~A July 24, 1972 Page 5 July 24 Paqe 6 CITY Littman objected that contingent on fj" _':!.ing CODT\lCIL the motion ~uggests that the increase is & suhst~t~tion. 1'1INUTES NO 2qn 1972 The Chair stated that he has a1~~ays vote~ for a cost-of-1ivinq increase, but he felt the Council has an obligation to maintain the present tax rate, particularly when asking for an increase through the forthcoming bond issue The Chair moved to amend the notion not increase recently passed budget Aramburu. to state " and it was 'so long as c;econdert. by it does The Assistant City r1anager urge~ the Police he considered at this time for the cost-of-living increase and the Chair referred the Matter back to the Public Services Co~.ittee Becker moved acceptance of the 3% cost-of-livinq increase and funding of the fir~t fri.nge benefit choice of the eMployees, which is payment of the first dependent in the city's group health insurance program in the amount of $4,400.00 and it was seconded by Littman. It was established th~t 21thocgh t~e budqet had been adopte~, the tax rate h~d not been adopted an0 amennments to the budget could be Made up to that tiMe. It wnn agreed that the increase for the City Staff should be g~anted ann discussion followed re increasing the budget or including the raise in the present budget by substitution. GRAHD f1' OT AT..J $In.s!}? Of') fllOT AIJ Staff Salary Police Salary s S 4 4 9.541.00 plus $1 6'f.J.OO plus $ 913.00 plus ~ , 056 3~A.OO for retirement 6~~.OO for retirement 00 for retireme~t In response the prograM figures: , to a question fro~ the Chair regarding the cost of thA Assi stant Ci ty fI!anaqer quote0. the follo~'Ting Becker presented the Public Services Report which reco~mended that a 3% cost-of-living increase and fringe benefit allocation be granted prior to setting the tax rate. Their recommendation was for the City staff only and di~ not inclu~e an increase for the Police Department. It was also the Committee's recomMennation that there be a comprehensive review only once a year beginning in January and to be effective July 1st of each year. This review would apply to both cost-of-living and evaluation or comparison. 7 ~.1ASTER SALARY PROGRA~'1 AYES: NOES: ABSENT COUNCIL"'lEN COIDICIL"IEN COUNCILrl~N AraI'1buru None Fanning Action Continued , Becker , LittT'l\an , ~ennett Question was The Chair suggested that the Building Inspector he require~ to give a copy of this resolutic.l to all applicants. The City Attorney agreed. called and the ~otion carried On motion by Littman arlopted, as aMended. secon0ed by ~ecker, A resolution entitled "A ~ESOLUTI()N OF THE CITY COUNCIL OF TPE CITY OF TIBURON CONCEffilING CONSTRUCTION IN ARFAS OF THE CITY OF TIBURON In f'1HICH THERE IS DANGER OF i7LOODIT'.JG" CaMe on for adoption. Resolution 457 was July 24 Page 7 , CITY COUY'!CIL Hayne, speaking on behalf of the Planning Commission, restate~ that their recommendation was based on acceptance of the roadway and placing it on the select street system so that gas tax funds would be avail- able for the necessary iMproveMents. It was believed that Hacienda Drive could be used as an access to the Ri/'.ge. It has in fact become a main access route. Although originally paved by the Hospital, the street was in before the City w~s incorporated. 1'1I~JUTES NO. 289 1972 LittMan stated his un~erstanding that private o~mers should bring a road up to City standards before deeding it to the City. The City Attorney advised Council that there ~1as still a problem of clear title; and the Assistant City ~~anager stated no Monies had been allocated in the 1972-73 budget for this expenditure. a. b. c. Obtain 60 foot wide right-of-way, paved street. Overlay the existing pavement with approximately 3 thick asphalt concrete. The estimated cost being $7,200. Construct a walk at a later date. The estiMate~ cost being $2 ,000 . inches concentric After a recent physical inspection of the area by the City Engineer the Superintendent of Public Forks and the Assistant City 1\1anager; the City Engineer's specific recommendations are as follows: The Assistant City ~1anager introduced the item to the Council explaining that it had corne before the City Council in April, 1971, and at that time, the Public Services COmMittee recommended that the City accept the offer of dedication, subject to clear title; that the City construct the street to acceptable City standards with public funds; and that the City obtain sufficient area to pe~it con- struction of a safe, separate pedestrian way on one side. The report was accepted and the matter was referred to the City Engineer A subsequent report was never submitterl. with the existing , 8. P.ACIENDA DRIVE STATUS REPORT Action Continued The Chair requested that the Resolution be broughtback on August 28th In .response to a question from Ararnburu rlanager explained that a new resolution amend the rlaster Salary PrograM. the Assistant City ~"ould be required to , The Chair suggested that at the ~eeting of Ausugst 28th final recommendations of the Public Services Committee, with respect to the annual review and the police salary increase, and also additional amounts to the budget to bring it into conformity with the motion made this evening, he Made. He also requested that each Councilman make recomMendations. The Chair questioned whether th~ salary increase could be made retroactive and was assured by the City Attorney that this could be done AYES: NOES: AESENT COUNC ILr~EN : COUNCIU1EN: COUNCI L~1EN : Aramburu, ~J one Fanning Becker, The Chair called the question on the ~ain motion as amende~ to recommend a 3% cost-of-living increase and fringe benefits allocation of $4,400 for the City staff only. f1otion carried. Littman , Sennett AYES: NOES: ABSENT COUNCIUffin COUNCIV'1EN COUNCIL~1EN Aramburu Littman Fanning Question carried. was called on the , aMendment to the main motion Becker, ~ennett , and was In response to Mr. Wayne's question as to whether gas tax funds were available, the City Engineer explained that Hacien~a Drive is not part of the select street system. Littman stated that if Hacienda Drive is chosen for the select street system, some provision should be made for access across the privately owned portion at the top for at least a hicycle path and emergency equipment. The Chair directed staff to write a resolution accepting the lower portion of Hacienda Drive and placing it within the select street system, to be returned on August 14th, along with reco~men~ations for the upper portion of Hacienda Drive and its inclusion in the select street systeM. 10. APPLICATION FOR TEMPORARY USE Action: Res. 458 approve" PERI1IT IiJ PO ZONE - LEARY A resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON GRANTING A TE~1PORARY USE PERr1IT TO DOnALD LFARY came on for adoption. The Planning Director presented the applicant's request for a temporary use permit which would allow the rental of 25 bicycles on the site, which would be removed every night. ~taff recommends \. approval for a period of four months, suhject to there being a single sign of one square foot, no bi)fcles outside of the fencerl area, and no other services provided beyond the rental of the 25 bicycles. f!r. Boat, owner of the property, expressed his opinion that he felt it would be s service to the community. ~lr. Y'larins objected on the basis that the present bicycle path is too cro\'I1ded no,,,, and bike rentals Nould only adrl congestion. ~r. Leary, the applicant, expresse0 his opinion that the bike rentals would be in keeping with what the City is trying to do. Becker considered the resolution reasonaple because of the conditions imposed. Aramburu expressed belief it would encourage the use of hikes rather than cars. The Chair moved that Resolution 458 he adopted, seconded by l\.rarnburu. Question was called and motion carried. AYES :: COUNCILJ'1EN :: Aramburu, Becker, Littman, Sennett NOES:: COUNCILrlEN: None ABSENT: COUNCILr~EN : Fanning 11 APPLICATION FOR TE}',1PORARY USE PERr'1IT Action: Res. 459 aprroved IN PO ZONE - GOOTHERTS A resolution entitled A RESOLUTION OF THE CITY COUNCIL OF T~ CITY OF TIBURON GRANTING A TEHPORARY USE PERriIT TO THO~1AS ;.1. GOOT~RTS carne on for adoption. The Planning Director presented the application for a use permit to sell flo~lers from a mobile stanti in front of 7-11 r~ain Street. The mobile cart is to be removed from the premises at closing and there will be no permanent fixtures. Staff feels that this proposal would enhance the area but not desirable if it sets a precedent for carts. This site does provide space off the sidewalk. In response to questions by Littmann, the City Attorney stated that no precedent would be set because the appropriateness of the property is established, an 0. the use permi t is being granteCl for 7-11 ~1ain Street and that Property would be used. Littman asked the applicant his intention re the mobile cart and whether he was in fact tesuing to see if there's a need for this in CITY COUNCIL i'.1INUTES NO. 288 July 24, 1972 Page 8 July Page 24 9 , 1972 CII'Y It was established th~t Board of Design Revic~. COUNCIL I'1 If~ DT l::~ S NO 288 t~lr . the t'1r. t..l~.~ Irving r1oulin, the 2pplic&~t, presented pictures and drawings to Council and extensive discussion follo\'led ~'I7i th Councilmen and Donald Loomis, ~8prescntinq ~he Parks and Recreation Co~~ission cC '~1' 3..1 development Nould be subject to the In response to questions by the Chair, the City Attorney responded that no resolution \AlaS !:ccded; "thnt tile rc,::ommcndo:tion of miniMum lots of 10,000 sq. ft. be made a condition as well as conditions one, two and three. They also recommended at c previous meeting that the lots be increased to a minimum of 10,000 8qu~Le feet as to be consistent with miniMum City standards. a b c The granting of a psrm:.:r..sn-;:' cz.tr.;em::1Y'C by District to t:he n.Cit] C:'/l~r~.r -.k a.nd access That costs of construction of nCCGSS to the subdivider's expense. That building envelopes for the five new lo~s developed a~~d 2pp::-c~~"ed by the BOZJ..rd of Design with the RP zone. on Place ~1oulin be Review in accordance the Marin ~unicipal Pater to the wilderness area. the view overlook be at The Plannin<] Ccr,'U:nif)Gic~l subject to:: 2:' C ~ CiIT1l11 (;n d 8 d The proposals as descri bed '\^7,,=;re> ::c7.":le\'led by the Planning C01l\Il'\ission and the Parks and Rccrea~ion Cc~nission who concurred in the sub- division changes as to I()'::'~~, oL"':"), Ll;::'~8 Q the drc~)ping of the street and the pathvlay chc:a0e~3 0 Tho? vi.c~v oV3rJ.ook change was not favored by the Parks ar..d RecL'c:::t.:'O~1 CCi.'tJ.il:,z[:lion 0 C:FP:coval of the new tentative map The subdivider, as the Da~i_s of the above, har connitioned the request on quitclaim easements oa Jots 33 and 46 and a reversionary agree~ent on the wilderl1~ss area in -:::hc event of an:/ development other than a trail. Included in the v.bove ~\jGuld be the i11.o-,;ing of the view overlook off lot 46 and totaJ.ly on'co the :\1a:;;.~i:n 1\~unicipal T!'1ater District tank site. a. b. c. Reduction in total loco from 27 to An additional 7 ncres of open-space "wilderness area". Elimination of the lO"\tTe:J: road extension of Hacic:1da Driveo \'Jhich lRo to total 13.8 acres in the was to connect with the The Planning Dirccto~ p~eGG~tcd tentative map affecting" Un:: ts 3 be made: , the applicant's request for a revised 4 and 50 The following c~anges '~ou1d Approval of tentative map 12 i10UNT TIBURON AYES: NOES: ABSENT COUNCILI1EN COUNe I LrffiN COUNCILr-'iEN UNIT 3-A Ax :::nbi::Z'U NOLle -- . .1:,' ur..:ll 1"'.;. :'::f ;\.ction Becker moved approval carried. Beckerp Littman Sennett of Littman asked 'the City Attorney for a finding, that this is being allowed because cf the applicant's wishes to establish a need for his services. The City Attorney rc2ponded affirmatively; that it has been established in the minutes that th~3 is indeed the intent. l:C so 1 ~.! .:.:. i OlL 4~:, 9 seconded by Aramburu l''1otion the community. ;1ro Thomas Goothertsp the applicant, responded that he had set the hours, not for the tourist trade, but the commuter ferry schedule and the residents of Tiburono If there is a rlemand for the flowers, he would look for perManent quarters. The Chair questioned the City Attorney whether there was any legal reason why the Board of Design Review could not control buildings which would interfe~with public view as well as private view, and the City Attorney responded in the negative. Hith reference to the reversionary agreeMent on the wilderness area, I'1r. 1-10ulin stated his acceptance of condi tions as set forth previously and prepared by the City Attorney. Becker expressed concern re control of the view overlook and urged it be built as soon as possible Aramburu requested a binding document from the r~~"ID granting permanent easement. The Chair suggested a motion to amend the subdivision map in accord- ance with conditions one, two anc three and inclusion of 10,000 sq. ft. recommendation of Planning COmMission. It was so moved by Littnan, seconded by Becker. . -,'- Becker urged a time limit be placect on construction of overlook and the Planning Director noted that staff or Board of Design Review should review plans before construction begins. The Chair noted a fifth condition~ that the developer be required to present plans acceptable to the Board of Design Review regarding the construction of the overlook and time schedule 0/fJ /sailJ/ /dvet/JIdtiJ'tfor construc- acceptable to the Board of Design Review as soon as possible. tion Question was called and the motion carried. l\YES:: COUNCILaEN: Aramburu, Becker, Littman, Sennett NOES: COUNCI LHEN :: None ABSENT: COUNCIU1EN:: Fanning 14 NOI4INATIOH FOR APPOINTHENT TO FLOOD CONTROL DISTRICT #4 ROARD OF DIRECTORS The Chair stated that this required an Executive Session to be held after this meeting. 15 S~'1Ir1r~ING POOL FENCE ABATEr'lENT RBPORT !7ith unantmous consent the Chair accepted.the above report. l6 PASTURING OF HORSES IN TIBUROn Action: Continued BY BELVEDERE RESIDENTS This item continued to the August 14th meeting. The Chair requested that the appropriate ordinance come before the Council as well as an estimate of the number of horses which will result in such action. V REPORTS 17 CLAIMS REGISTER On a motion be Becker, seconded by Aramburu, to approve Claims Register, carried: AYES: COUHCILHEN: Ararnburu, Becker, Littman, Sennett HOES:: COUNCILl.'lEN: None ABSENT ~ COUNCILrmN: Fanning 18. CASH FLOq 19. DEVELOPf!ENT AD~'1INISTRATORS I<.10NTHLY R~PORT, APRIL, :.\1AY, JUNE 20. POLICE REPORT - Jtn'lE qith unanimous consent the Chair accepted the above reports. VI OTHER ITE"~S Li ttman requested a report from l'lr. Loomis at the August 14th meeting re the tennis courts. CITY COUNCIL MINUTER NO. 288 July 24, 1972 Page 10 The Assistant City r4anager informed the Council of the City's receipt of the executed purchase agreement for B1ackie's Pasture from the Tiburon Foundation and Hr.. Sam. Shapero. The Chair acknow- ledged the generous gift and suggested same formal recongition at a future meeting. The Chair directed staff to prepare a resolution with escrow instructions for the August 14th meeting. The Chair directed the Public Services Committee to complete their report on this property and collation of recommendation of Parks an~ Recreation Commission for use of this property. The Assistant City I1anager stated that a public meeting for meMbers of the c~nci1 and the County Assessor would be set for the week of August 1 h, in order that it be held prior to the appeal deadline of August 28, 1972. The Chair directed that the proposed permanent closure of lower Raccoon Lane be scheduled for the August 14th Meeting. The City Attorney advised Council that they should authorize the T'1ayor to enter into the agrea~ent with the Tiburon Foundation for the purchase of Blackie's Pastureo Motion to authorize the Mayor to execute the purchase agreement was made by Littman, seconded by Aramburuo ;'1otion carried. AYES ~ COUNCILr1EN: Aramburu, Recker, Littman, Sennett NOES: COUNCIUIEN: None l\BSENT : COUNCILHEN: Fanning VII EXECUTIVE SESSION At 11:50 PM, July 24, 1972, the Chair adjourned into Executive Session for consideration of nomination for appointment to FIooo Control District #4 Board of Directors. VIII ADJOURNnENT It being now the hour of 12:10 Ar1, July 25, 1972, and there being no further business to corne before the Council, the Chair declared the meeting adjourned sine die. /~~? ~ LOU SE r11 RAT A, ASS ry CLERK APPROVED BY THE CITY COUNCIL ON: August 21st ,1972 CITY COUNCIL i-iINUTES NO. 28R July 24, 1972 Page 11 ADOP-ED CORRECTED CITY COUNCIL CITY OF TIBURON I. CALL 'TO ORDER - The special meeting of the Cit.y Council, City of Tiburon, State of California, was called to order at 6:20 p.m., August 9, 1972, in the City Hall Council Chambers. II. ROLL CALL - PRESENT : COUNCILMEN: AramLuru, Becker, Fanning ABSENT: COUNCILMEN: Sennett, Littman EX OFFICIO: R. L. Kleinert, Ass't. City Manager III. APPROVAL OF MINUTES There were no minutes approved. IV. BUSINESS OF THE COUNCIL In the absence of Hayor Sennett and Vice Mayor Littman, the Ass't. Cit.y Manager recommended that Council elect a ~fayor Pro Tem to serve as chairman of the Council ar.1-to sign official City documents. Councilman Panning was then unanimously elected as rtayor Pro Tern and served as Chairman of the Council meeting. 1. ACCEPTANCE OP GRAm' DEED OP CERTAIN REAL PROPERTY FROf-t S. U. SHAPERO Action: Adopted Resolution No. 460, Acceptinq Grant Deed The Chair indicated the only matter of business to come before the Council was the acceptance of deeds from ftr. Shapero and the Tiburon Peninsula Poundation for their undivided 1/3 interest in that certain real propert.y more commonly known as Blackie's Pasture. It was moved by Becker, seconded by Aramburu, to adopt Resolution No. 460, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ACCEPTING A DEED O? CERl'AIN REAL PROPERTY FROf" S. r-I. SHAPERO. l--lotion carried. AYES: COUNCILMEN: Aramburu, Becker, Panning NOES: COUNCILl.fEN: None ABSENT: COUNCIU-fEN : Sennett, Littman It was moved by BeCker, seconded by Aramburu, to adopt: Resolution No. 46l, A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF TIBURON ACCEPTING A DEED OF CERTAIN REAL PROPERlY PROM TIBURON PENINSULA FOUNDATION, INC. I A CORPORATION. Motion carried. AYES: COUNCILl'4EN: Aramburu, Becker, Panning NOES: COUNCILr-mN : None ABSENT: COUNCILUEU: Sennett, Littman The Ass't. Cit.y Manager advised the Council that. in conjunction with the acceptance of the deeds, the City must now submit a check in the amount of $9,i~O to the Cal-Marin Title Company in order to close the escrow. This amount consist.s of $1,015 earmarked for the Tiburon Peninsula Foundat.ion for closing costs which they had previously paid, $7,480 as reimbursement t.o the Tiburon Peninsula Foundation for the total mortgage payment.s previously made to Tam Connell at $340 per month, and $l,253 representing a delinquent 1/3 of the tot.al real property taxes on t.he property. The Chair indicated qas tax funds had been budgeted in the Capital Improvements account for this expenditure and directed the $9,748 to be paid to the title company. CITY COUNCIL MINUTES '289 Auqust 9, 1972 Page 1 Chai~an Panning expressed the City's appreciation to former Mayor Bremer for his assistance in negotiating the legal documents between the City of Tiburon, the Tiburon Peninsula Foundation and Ur. Shapero at no cost to the City. v. ADJOURNMENT It now being the hour of 6:30 p.m., and there being no further business to come before the Council, the Chair declared the meeting adjourned sine die. ,1 ( ./? / k~ BERT B~ Clerktr-fanager APPROVED BY THE CITY COUNCIL ON: CITY COUNCIL MINUTES #289 August 9, 1972 Page 2. .... .- 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 ~layor Albert H. Sennett at 7:45 p.m., August 21, 1972, in the City Hall Council Chambers II. ROLL CALL PRESEi\JT: COUNCILHEN: Mayor Sennett, Aramburu, Becker (7:55) , Littman (7:50), Fanning ABSENT:: COUNCILImN: None EX OFFICIO: Bert Balmer, City Hanager R. L. Kleinert, Ass't City Hanager Robert I. Conn, City Attorney Richard Arjo, Dir. of Community Dev. Jesper C. Strandgaard, Deputy City Engineer Louis V. Brunini, Supt. of Public t'Jorks Hellen 1<. Hecht, I'--1inute Clerk III. APPROVAL OF UINUTES Nos. 288 and 289 Action: Approved as corrected The Chair corrected the fifth paragraph on page 10 of Minutes 288 to read, in line 3, n .and time schedule for . . construction acceptable to the Board of Design Review being presented as soon as possible.H There being no further corrections, Hinutes No. 288 of July 24, 1972, were adopted as corrected. The Chair questioned staff on the status of Item 8, referring to page 8 of Hinutes 288, lvhere.i.n a resolution accepting the lower portion of Haciend~ Driv~ and placing it within the select street system was to be returned to Council on August 14. The Assistant City l-lanager udvised the City has written the property o\"ne~: in this regard but to date ha.:z not received a response from him. The Chair directed staff prepare a report in this matter for the Septembe~ 12th me~ting, and that the property owner associations in the area be advised of the meet- ing. The Chair further questioned the st~tus of the proposed closure of lower Raccoon Lane, referring to his direction on July 24 that the matter be brought back on August 14. The Assistant City aanager advised this matter is agendized for August 28. Fanning corrected line 3 of Item 1, Hinutes 289, to read "undivided. II There being no further corrections, Hinutes 289 of August 9, 1972, were approved as corrected. IV. BUSINESS OF THE COUNCIL 1 nECOGHITION OF FORI-IER PLAJ."'JNING Action: Res. 462, 463, 464 & & PARKS & RECREATIOi'l COI1HISSIONERS 465 adopted Ilotion of Fanning, seconded by Aramburu, ~o adopt Resolution 462 expressing appreciation to Planning Commissioner Victor Banks for outstanding and devoted service, carried: AYBS: com~ CI LBEi\J : Aramburu, Fanning, Littman, Sennett NOES: COUNCILllEN: Nene ABSENT COUNCILl\1EN: Becker August 21, 1972 CIT~ COUNCIL MINUTES NO. 290 Page 1 290 August 21 Page 2 CITY COUNCIL Littman urged the Council consider density at this time and detennine whether or not cluster zoning is even appropriate for this area. Becker objected to any discussion of density and stated the only matter before the Council is tile cluster con- cepti and if Council takes up the question of density, the HINUTES NO 1972 In response to a question by Littman, the Chair stated it should be understood ~~hen the Council speaks of maximum density of two units under the cluster zoning, they are speaking of the absolute maximum and in no way committing the Councilor the Planning Commission to this density. In response to a question by the Chair, the Director of Community Development stated the l.l-acre portion of the Bodian property not being rezoned would remain as a single residential lot. An ordinance entitled &~ ORDINm~CE OF THE CITY COm~CIL OF THE CITY OF TIBURO~ REZONING A PORTION OF THE LANDS OF BODI&~ AT 88 ROUND HILL ROAD FROH RO-2 TO RO-2C (CLUSTER OVERLAY ZOI~E), came on for introduction and first reading 0 BODlm~ REZONING AT ROUND HILL ROAD 3 Action Former Councilman Anne Ellinwood expressed appreciation to former Commissioners for t~eir devoted service to Tiburon. She read a tribute to Peter Uacgot'lan, signed by Belvedere and Tiburon residents, outlining the history. of the incorporation of the City and the important part played by Hr. ilacgo't'lan in the City's development. Ord passed lst reading The Chair advised 11r. Thompson could not be present tilis evening but a plaque will be delivered to him. AYES: i~OES : ABSENT COUJ.'lCILlJEN COUi~CILl.1EN COUl~CILNEN Aramburu, None :None Becker , Fanning , Littman , Sennett Question It was moved by Fanning, seconded by Becker, to adopt Resolu- tion 465 expressing appreciation to Planning Commissioner Allan Thompson for outstanding and devoted service. Fanning cor- rected the resolution in line 3 to read "Chairman of the Com- mission . II _ was called and the motion carried The AYES dOES: ABSENT ilayor presented a plaque to COUNCILI<IEN COUNCILHEN COUNCILllEN A:camburu, l~one None Hr. Becker Loomis , Fanning , Littman , Sennett Motion of Aramburu, seconded by Becker, to adopt Resolution 464 expressing appreciation to Parks and Recreation Commissioner Donald K. Loomis for outstanding and devoted service, carried The AYES: NOES: ABSENT l1ayor presented a plaque to COUNCILilEN COUNCILNEN COUNCILliEN Ararnburu, None None I1r. Iiacgowan Becker llotion of Littman, seconded by Fanning, to adopt Resolution 463 expressing appreciation to Planning Commissioner Peter 11acgowan for outstanding and devoted service, carried: , Fanning , Littman , Sennett The the Hayor presented a plaque to Ci ty . l1r. Banks for his service to " process should be changed so that a broader range of discussion can be had. Hr. Radomile, representing lire and l1rs. Bodian, spoke to the matter and stated their only reason for requesting cluster zoning is for aesthetic reasons and not to increase tile density. r.1rs. Bodian reminded the Council of the beautiful trees and the creek on the property which they wished to preserve, and the only possible method would be with cluster development. The Director of Community Dev~lopment referred to letters received from Mr. and rlrs. Christopher Coulsen and from Mr. Robert Holmes in which they agreed with the cluster concept. After discussion, tile Chnir directed the Director prepare a report defining the difference between slope policy and slope density. The City Attorney ad2ised in order to rezone property cluster, findings in Section 10-12F of the Zoning Ordinance must be met that the development will be superior to that which could otherwise be met without Clustering. On motion of Becker, Geconded by Fanming, and there being no objection, the Chair ruled full reading of the ordinance waived, and the ordinance was read by title only. It was moved by Fanning, seconded by Becker, that the ordinance pass first reading. At the request of Littman, the Chair directed the Planning Director prepare a report before the second reading of the ordinance showing what would be the probable density in this area without cluster development. Question \-Jas called, and 'the motion carried: AYES: COUNCILriEN :: Aramburu, Becker, Fanning, Sennett NOES: COUNCILl.1EN :: None ABSTAIN: COUNCILHEN: J,:::;~'--; 3.n ABSENT: COUNCILlIEN: None 5. SEDERQUEST LOT SPLIT Action: Res. 466, as amended, adopted The City Attorney presented to the Council copies of a report he had prepared in this matter, pursuant to their request on July 24, 1972. RECESS A recess was taken at 9:12 p.m., the Council reconvening at 9:22 p.m., the roll standing as originally takeno The City Attorney amended the resolution as follows: HA. The establishment and maintenance ~t ~~~~~t~t~~ of the proposed . " . . B. . . . C. That said subdivision will be consistent with the contemplated open space plan and open space zoning of the City. AND BE IT FUR'l'HER . Q . following condition: That prior to the recoriling of the Parcel Ilap, that the City Engineer shall certify in writing that adequate provision has been made for adequate road i:.tCCCGf1, fire protection and storm drain~~go. II August 21, 1972 C1"?": COUNCIL IlINUTES NO 290 Page 3 t CITY COUHCIL HINUTES NO 290 August 21, Page 4 AYES: NOES: ABSENT COUNCILrmN COUNCILl1EN COUNCILIIEN . o Aramburu None None 1972 , IIDtion of Becker, seconded by Littman, that the ordinance be deemed to have passed first reading, carried: Becker , Fanning, Littman , Sennett In response to a question by the Chair, the City Attorney advised Belvedere can legally be included without including other cities as the ordinance can be limited to a reasonable area. The City Attorney amended the ordinance to read in line 3 of paragraph 2, under Section 1: nTiburon or Belvedere. . .n - On motion of Becker, seconded by Aramburu, objection, the Chair ruled full reading of and the ordinance was read by title only. and there being DO the ordinance waived An ordinance entitled m~ ING ORDINANCE NO. 93 N.S came on for introduction ORDIN&~CE OF THE CITY ., BY AliENDING SECTION and first reading. OF TIBURON M~ND- 5 a(ii} THEREOF, PASTURING OF HORSES IN Action TIBURON BY BELVEDERE RESIDENTS passed 1st reading 7. AYES: NOES: ABSENT COUNCILllEN COUNCI LHEN COUNCILr.lEN Becker, Littman, Aramburu, Fanning None Ord Sennett Question was called on the motion that the Council take no action with respect to this request, and the motion carried AYES: NOES: ABSENT COUi~CILI lEN COUNCILHEN COUNCILr.1EN . Aramburu, Fanning Beeker, Littman, Sennett None Fanning offered a substitute motion, seconded by Aramburu, that the moratorium of this property be extended to expire simul- taneously with the other parcels under the moratorium. flotion failed: Dr. George Ellman urged Council not release any of the lands in the moratorium until they review the map on Open Space pre- pared by the Citizens Committee. It '~as moved by Becker, seconded by Littman take no action at this time. , The Council received the recommendation of staff that the properties o\~ed by 11r. Frankel need not be controlled by the Open Space moratorium, whicll is due to expire August 24, 1972. that the Council FRro~KEL PROPERTIES IN OPEN SPACE HORATORIUi',l-ACADIA DRIVE 6 AYES: NOES: ABSENT COUNCILlIEN COUNCILf.1EN COUNCILHEN Aramburu, None None Action No action taken It was moved by Becker, tion 466, as amended by Becker seconded by Littman the City Attorney. , Fanning, to adopt Resolu- IIotion carried: Littman, Sennett , Littman revie\1ed the past history in this matter, and read a letter dated November 13, 1968, from Xlayor Bremer to Mr. David Sederquest referring to the lot split granted by the Board of Adjustments. August 21, Page 5 AYES: NOES: ABSENT CI~Y COUNCILHEN: COUNCILI'lEN: COUNCILlillN: COUNC II, Fanning, Aramburu None HINUTES NO. , :r,i t tman Becker 290 1972 Question was called on tile original as amended, and the motion carried: , motion to adopt Resolution Sennett 467 AYES: NOES: ABSENT COUNCILHEN COUNCILHEN COUNCIL~lEN . o . Aramburu Fanning, None Becker Littman , Sennett Question was called on the substitute motion to continue the matter, and the motion failed: In response to a question by the Chair, the City Attorney stated tile resolution could he am~nded to grant a rate increase at a later date. Littman urged the Council consider this as a temporary situation, and that within a few months a parking district must be created. Aramburu offered a substitute motion, seconded by Becker, continue the matter until information is received by the Council justifying the increase in rates to Fanning amended the resolution to delete It was moved by Fanning, ~ccondRd by Littman, to adopt Resolu- tion 467 granting an e~~t.~nsion to use permit to maintain and operate a parking lot at 1691 Tiburon Boulevard, ''lith the continuation of the p::e~r-;nt. rat.~ schedule, to-'toli t: 25(: per 12 hours on \-leek dayr-; du~:in9 the day, Monday through Friday; and 75<: on Saturday and Sl1.ndr1.Y for 12 hours; and a monthly rate of $5 for Honday through FridCl.Y. . Items l, 3 and 4 APPLICATION FOR EXTENSION OF Action TEI-IPORARY USE PERIIIT FOR N. ~l.P. R. R. PARKING LOT, l69l TIBURON BOULEVARD 467 adopted 11 With the consent of the applicant matter continued, to come back at of the Precise Plans Res , the Chair directed this the time of the presentation The Deputy City Engineer advised the access to the eight lots has been ShO\-ln as ensemonts by Hr. N0Z1-1itt. He stated access lots must be public roads dedicated to the City, which would reduce the size of the lots. It tl1erefore may be premature to limit the area available by dedicating land to the City at this time. In response to a question by t:110 Chair, the City Attorney advised should the Council accept the offer of dedication at this time, the conditiollD of the i:1aster Plan must still be met, and the Developm8nt Adrn:i.n:i.Gtrator haG fully explained this to Hr. HOr\llitt in a lett:er:'. The City Attorney recommended amending the proposed re:Jolu~cion, ~~.he title to read, uA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ACCEPTING ~~ OFFER OF DEDICATION OF 1.7 ACRES O? LANDilJ and deleting the first two paragraphs of the resol;,ltion. The City Manager presented to the Council the offer of r~. and iIrs. Barney NOr\1itt and Dr. Herbert Brady to dedicate 1.7 acres to the City for open npQcc, in conjunction with their develop- ment. 9 OFFER OF DEDICATION OF OPEN SPACE IN CONJUNCTION tIlTH REED PARK CLUSTER DEVELOPHENT Action Continued ~ . 4. R-3 ZONE AllENDHENTS Action Ora, as amended, passed 1st reading An ordinance entitled M~ ORDINANCE OF THE CITY OF TIBURON AHENDING ORDINAi~CE NO.. 9 NoS., THE ZONING ORDINANCE, BY Ar.1ENDING SECTION 10-7 (C) , flR31: PLANNED HULTI-FANILY RESIDENTIAL ZONE, came on for introduction and first reading. On motion of Becker, seconded hy Fanning, and there being no obj ection, the Chair ruled ful]_ reading of the ordinance ~"'ai ved, and the ordinance was read by title only. Hr. Dick HcKinnon requested the Council exempt the conversion of apartment buildings to condominiums from any moratorium or ordinances regulating R-3 development. The ordinance was amended as follrnqs: Under (C), No. 2 to read: "Hinimum parcel area per dt-lelling unit: 3500 square feet." No. 3 to read, "Haximum building coverage: 30% II . . . No. 7 to read: "Useablc Open Space: J~~t/t~/~~t_~~/~~, ~y~t_m~/~~t~t~~/j~~~~Y each two-family dwelling . . . shall be provided with an aggregate II . .. . Question was called, and the motion that the ordinance, as amended, pass first reading, carried: AYES: COUNCILI1EN : Aramburu, Fanning, Littman, Sennett NOES: COUNCILNEN: Becker ABSENT: COUNCIU.'1EN: None 10. RICflARDSON BAY LINEAL Action: Referred to Pub. Svc. Comm PARI< llASTER PLAN The City f1anager presented to i:he Council an Agreement for Consulting Services, to be entered into by the City of Tiburon and Sasaki, Walker, Associates, for the preparation of the Richardson Bay Lineal Park Haster Plan. lir. Gary Gray, liaison representative of the Parks and Recrea- tion Commission in this matter, urged the agreement include specific boundaries; what is to be expected from the consultant, as recommended by the P&R Commission; a tentative date for com- pletion; general and tentative dates of meetings; numbers and characteristics of written reports to be furnished the city; and an upper limit to reimbursable expenses. The Chair directed this matter to the Public Services Committee, with the request either appropriate amendments or a signed agreement be brought back to tlle next Council meeting. 8. OPEN SPACE ACQUISITION Action: Accepted report FINANCIAL REPORT The Lands and Development Committee furnished a preliminary report relative to the Open Space Committee Report and the concept of a redevelopment agency. The Chair directed the City Manager communicate with other cities to determine their experiences in establishing redevelopment agencies and furnish a report to the Council on September 12. August 21, 1972 CITY COUNCIL rIINUTES NO 290 Page 6 The City Uanager stated one reason for the City to go into a redevelopment agency would be to put in basic kinds of improve- ments such as drains, sewer and streets so it is easier for the developer to build '~lat the City wants rather than what the developer wants. lIr. Robert Fippinger, ?roject Engineer, Grubb and Ellis, related his past experience with redevelopment agencies. The Chair directed this matteJ come back on September 12, with a report from staff and the Land~ and Development Conunittee. Hr. Fippinger voluntcGr~d his services. The Chair thanked him and requested he ''lark vlith staff in the preparation of their report. 2. PD MASTER PLAN - 701 N.L\IN Action: Ord. 98 N.S. adopted STREET. FRED ZELINSKY, AP~LICANT An ordinance entitled AN ORDIN&~CE OF THE CITY COm~CIL OF THE CITY OF TIBURON APPROVING HASTER PLAN FOR NO. 7-ll HAIN STREET, AND SETTING FORTH CONDITIONS, came on for second reading and adoption. On motion of Becker, seconded by Aramburu, and there being no objection, the Chair ruled full reading of the ordinance \..raived, and the ordinance '-las read by title only. Ilotion of Fanning, seconded by Aramburu, that Ordinance 98 N.S. pass second reading and be adopted, carried: AYES: COUNCILNEN: Aramburu; Becker, Fanning, Littman, Sennett NOES: COUNCILBEN: None ABSENT: COUNCILIIEN : None IS. TIBURON SENIOR CITIZENS Action: Mayor authorized to PROGRAl.,i execute agreements It was moved by Becker, seconded by Aramburu, that the Hayor be authorized to execute the Join~: Powers Agreement with the County of ilarin and t:he contr.::.ct \-lith the I.larin Senior Co- Ordinating Council, Inc., for the 1972-~3 Tiburon Senior Citizens' Program, and the matching funds of $300 be expended in this regard. Hotion carried: AYES: COUNCILI1EN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILBEN: None ABSENT: COUNCILlIEN: None 12. NO PARKING AREA ON Action: Res. 468 adopted LYFORD DRIVE It was moved by Becker, seconded by Fanning, to adopt Resolution 468 creating a IINo Parking" area on the easterly side of Lyford Drive in the vicinity of Davis Drive. I'.1otion carried: All Ayes 13. NO PARKING AREA, NORTH Action: Res. 469 adopted SIDE OF TIBURON BLVD., WEST OF BEACH ROAD It was moved by Aramburu, seconded by Fanning, to adopt Resolution 469 creating a portion of Tiburon Boulevard to a "No Parking" area. Notion carried: All Ayes. l4. ONE HOUR PARKING AREA l~ction : Denied ON TIBURON BOULEVARD It was moved by Becker, seconded by Aramburu, to adopt Resolution 470, creating a one-hour parking zone on the north side of Tiburon Boulevard OPPOE' .U:e the Tiburon Lodge 0 Fanning amended the resolution t.O read IlIn front of the Tiburon Lodge." August 21, 1972 CITY COUNCIL MINUTES NO. 290 Page 7 Question was called, and the motion failed AYES: COUNCILl1EN: Becker NOES: COUNCILf.1EN: Aramburu, Fanning, Sennett ABSTAIN: COUNCILI1EN: Littman ABSENT: COUi~CILUEN : None v. REPORTS URBAN DEVELOPHENT REPORT - July 1972 The Chair accepted the Urban Development Report. VI. QUESTIONS Reedland Woods Development Unit 40 Fanning questioned action taken by staff at the Uarin County Planning Commission meeting in regard to TibUron's recommendations for the proposed development plans for Reedland Woods Unit 40 It was moved by Littman, seconded by Fanning, that the City Council send copies of the minutes of the Planning Commission meeting of July 5, 1972, to the County Planning Commission and the Board of Supervisors with the statement that the Council is in full agreement with the position of the Planning Commissiono r.1otion carried: AYES: COUNCILr.1EN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCIL.HEN: None ABSENT: COill.JCILllEN: None VIIo ADJOUmr-mNT It being now the hour of 11:55 p.m., and there being no further business to come before the Council, the Chair declared the meeting adjourned sine dieo BERT Hanager APPROVED BY THE CITY COUNCIL ON: 28th , 1972. ~~ August 21, 1972 CITY COUNCIL NINUTES NO 290 Page 8 .. , .~~.~ CORRECTED CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, Sta~ of Califomia, was called to order by l-layor Albert H. Sennett at 7:50 p.m., August 28, 1972, in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCIUmN : I.layor Sennett, Aramburu, Becker, Fanning, Littman (8:04) ABSENT : COUNCILMEN : l~one EX OPFICIO: Bert Balmer, City Uanager R. L. Kleinert, Asslt City Manager Richard Breiner, Deputy City Attorney Haurice D. Lafferty, Chief of Police Richard Arjo, Dir. of Community Dev. Louis V. Brunini, Supt. of Public Works Hellen K. Hecht, ninute Clerk III. APPROVAL OF MIi~U'l'ES No. 290 Action: Approved There being no objection, the Chair waived full reading of Ivlinutes No. 290 of August 21, 1972, and the minutes were approved as submitted. IV. BUSINBSS OF THE COUNCIL 1. BODIAN REZONING AT Action: Ord. 99 N.S. adopted ROUNDHILL ROAD An ordinance entitled AI~ ORDINANCE OF THE CITY COUNCIL OP THE CITY OP TIBURON REZONING A PORTION OF THE LANDS OP DODIAN A'l 88 ROUND HILL ROAD FOOH 00-2 TO RO-2C (CLUSTER OVERLAY ZmNE), having passed first reading, ccc~e on for second reading and adoption. The Director of Community Development furnished a report, as directed by the Chair on August 2l, on how the slope policy would affect this development. He presented two exhibits prepared by Raphael Soriano, architect for the applicant, ShOWing the possibility of creating eight lots within the requirements of the slope policy. He stated because of the trees, the slopes and the creeks, he would recommend cluBter zoning for the property. On motion of Becker, seconded by Panning, and there being no objection, the Chair ruled full reading of the ordinance waived, and the ordinance was read by title only. Motion of Aramburu, seconded by Becker, that Ordinance No. 99 N. S. be deemed to have passed second reading and be adopted, carried: AYES: COUNCILl,.mN : Aramburu, Becker, Panning, Senneti: NOES: COUNCILlIlIEN : i.~one ABSENT: COUNCILHEN: Littman The Chair directed the exhibits be part of the file and be given consideration when the Master Plan for this development is reviewed. August 28, 1972 CITY COUNCIL MINUTES NO. 291 Page 1 2. R-3 ZONE M~mNrn~NTS Action: Ord 100 M.S. adopted An ordinance entitled h~ ORDINANCE OF THE CITY OF TIBURON AI~mNDING ORDINAl~CE NO. 9 N. S ., THE ZONING ORDINAl'lCE, BY AHENDING SECTION lO-7 (C), "RJn PLANNED 1-1UL'l'I-FAr..JILY RESIDENTIAL ZOi~E, having passed first reading, came on for second reading and adoption. On motion of Becker, seconded by Panning, and there being no objection, the Chair ruled full reading of the ordinance waived, and the ordinance was read by title only. Hotion of Fanning, seconded by Aramburu, that Ordinance No. lOO N.S. be deemed to have passed second reading and be adopted, carried: AYES: COUNCILNEN: Aramburu, Becker, Panning, Sennett NOES: COUliCILHEl'l : None ABSENT: COUNCILI.mN: Littman 3. LOtiER RACOON LANE Action: Res. 382 amended The City Manager reviewed past action taken in regard to the closure of Lower Racoon Lane and presented to the Council for their review Resolution 382 which amended Resolution 349 _ ClOsing Lower Racoon Lane to motorized traffic. The Chair recognized correspondence received from Mrs. Price, I~1r. Locati, r.irs. Zocchi, ~lr. DeSilva, Ur. and r.lrs. Grant, Mr. Soldavini and fIr. and r-1rs. Converse ul:ging the lane be closed. In addition, the Council received a letter from lirs. A. P. Birich asking she be allowed to gain access to her residence by automobile by way of Racoon Lane. Attorney Stephen i\aufrnann, representing l1r. and 1irs. Birtch, gave the history of Lower Racoon Lane. He requested the City l1anaqer open Racoon Lane until a court decision has been reached as to who is the otmer of the property. Hrs. Price stated the Biriches have access to their property via Centro Hest, and it is not necessary. to come down Racoon Lane to Uar t'lest. The City Attorney stated it is his understanding that the public has an ownership interest in the property so far as public pedestrian passage is concerned and the City as the trustee of that interest has the right to protect the interest owned by the public. Hr. Kaufmann stated he has established in Court that the Biriches have a right to use Lower Racoon Lane as tiley ~1n the underlying fee and they have the right to cross over. It was moved by Becker, seconded by Fanning, to amend Resolution 382 by deleting the fOlloWing: nl. Except for those temporary uses deemed necessary and unusual, and with written permission of the City Hanager, andU with No. 1 to read: "l. Except for emergencies, Lower Racoon is hereby declared . II . . Question was called, and the motion carried: AYES: COUNCILNEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSEl~T : COUNCIIJiEN : None August 28, 1972 CITY COUNCIL MINUTES NO. 291 paqe 2 ~# The Chair directed the City Attorney review the matter in light of Hr. Kaufmann's statements; and should he feel it warrants Council's re-examination, the matter be brought back to Council. v. PUBLIC COHI'IENTS fir. Don Batten, president of the Belveron Homeowners Associa- tion, introduced 11essrs. Brown and l1aguire of 30 and 32 Mercury, Tiburon, and explained they are having a drainage problem caused by two trees in front of their property. He stated this matter has been discussed with the Superintenden~ of Public t'lorks and the City Engineer, the money has been budgeted for the removal of the trees, and he urged action be taken as soon as possible. IV. BUSINESS OF THE COUNCIL 4. PASTURING OF HOl~ES HY ActJ.on: Ord. 101 M.S. adopted BELVEDERE RESIDENTS An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON Af.'lENDII'lG ORDINANCE NO. 93 N.S., BY Al:ENDING SECTION 5a(ii) THEREOF, having passed first reading, came on for second reading and adoption. On motion of BeCker, seconded by Fanning, and there being no objection, the Chair ruled full reading of the ordinance waived, and the ordinance was read by title only. I-lotion of Fanning, seconded by Aramburu, that Ordinance No. 101 N.S. be deemed to have passed second reading and be adopted, carried: AYES: COUNCILI.1EN : Aramburu, Becker, Fanning, Littman, Sennett NOES: COUJ.~CILHEN : None ABSENT: COUNCILUEN: None RECESS A recess was taken at 8:30 p.m., the Council reconvening at 8:50 p.m., the roll standing as originally taken. 5. RICHARDSON BAY LINEAL Action: Hayor authorized to PARK !,lASTER PLAi~ execute agreement Becker presented to the Council the agreement drafted by City staff, signed by Sasak~, 'ilalker Associates, \~ith their cover letter regarding the Richardson Bay Lineal Park Master Plan. At the request of Becker, the Chair appointed Becker and Parks and Recreation Commissioner Gary Gray to draft up a master agreement form, in cooperation with the City Attorney, to have in the City files for future use. The Chair requested l1r. Gray prepare a sketch delineating the physical boundaries of the Richardson Bay Lineal Park to be attached to the agreement. At the request of Hr. Gray, the Chair stated he would appoint:, from a list of names to be submitted by ~~. Gray, a citizen's advisory committee, to include Belvedere and Tiburon residents and a representative from the Landmarks Society, to work as a contact liaison group with Sasaki, Walker. It was moved by Becker, seconded by Ararnburu, to authorize the Mayor to sign the agreement for consulting services between August 2B, 1972 CITY COUNCIL HINUTES NO. 29l Page 3 August 28, Page 4 AYES: NOES: ABSENT: CITY COUNCIL COUNCILNEN COUNCILNEN COUNCILIIEN I1INUTES NO Aramburu, Fanning None 291 19 - '. ,~ Becker Question was called on the motion to adopt ResdUtion 471, the motion carried: , Littman , Sennett and Mr. Robert Wayne questioned the 3 percent cost-of-living increase for the City r.lanager, and asked the Council to evaluate whether or not the City Banager's conduct in his office l"arrants pro- motion. He asked tilat a public hearing be held to review this matter. Fanning suggested continuing the City Uanager at his present salary rate until the matter is reviewed. Becker pointed out this is a cost-of-living increase and not a merit increase. Littman agreed the Council must recognize there has been an increase in the cost of living, and the raise is to cover that increase. Aramburu indicated his agreement with Littman. He agreed the matter at this time should be confined to the cost-of-living increase. It was moved by Becker, Resolution 471. to adopt seconded by Aramburu , I.lotion 'That the annual salar of the City the fiscal year shall be $~,040.00. died for lack of a second Hanager for It was moved by Fanning to adopt Resolution follows: AYES: NOES: ABSENT COUNCILl.1EN COUNCILNEN COUNCILMEN . . . Aramburu, None None 471, amended as Becker Action: Res. 471, as adopted It was moved by Becker, seconded by Aramburu, to adopt Resolu- tion 470, amending Exhibit "A," the Basic Salary UBit Schedule and Exhibit IIB,II Schedule of Positions and Salaries of the 1972-73 f.-taster Salary Plan. Uotion carried: , Fanning, Littman amended, , Sennett , 6 . NASTER SALARY PROGRAU The Chair directed this matter continued to September l2 as to date the City has received no response from the property owner. HACIENDA DRIVE DEDICATION AND ACCEPTA1-aCE Cant'd to Sept. 7 . Action The Chair advised he will sign the contract when he receives the sketch prepared by Mr. Gray. Fanning volunteered to be the liaison councilman with the citizens' committee. The Chair stated in his cover letter with the contract he will advise Sasaki, Walker, the Public Services Committee and a group of interested citizens wish to be of assistance from the inception of the studies, and the Council urges tlley use their expertise. ~~. Rampton Harvey stated the Tiburon Foundation would like to be a part of the committee. The Chair stated he has dictated a letter to Mr. Sam Shapero apprising him of Council's action to date in this matter. 12 AYES: NOES: ABSE1~T COUNCILi:1EN: COUNCIIJ.1EN : COUNCILIJ1EN ~ Aramburu, None None Fanning , Littman, Sennett " 'f Sas aki , carried Walker Associates Becker and the City of Tiburon , . l'10tion CITY COUNCIL HINUTES NO 291 August 28, Page 5 1972 The Chair also directed the Public Services Committee to report back to the Council at the first meeting in October with recommendations regarding location of the tennis courts and the proposed joint-use- agreement with the school district Witll the approval of Council, the Chair directed the City Manager to advise the Council at the first meeting in January on revenue expectations to determine the feasibility of constructing the tennis courts in the spring of 1973. AYES: NOES: ABSENT COUNCILNEN COUNCILrlEN COUNCILHEN . Aramburu None None , Becker , Fanning, Littman , Sennett Question It was moved by Littman, seconded by Fanning Resolution 472, with the following amendment of .735 cents per each one hundred ($lOO.OO) t'las called , and tile motion carried , . to adopt II. . . a tax dollars ." AYES: NOES: ABSENT COUNC ILL lEN COUNCILi1EN COUNCILHEN . . . Becker, Fanning Ararnburu None After further by the Chair, , discussion, question was called on the motion and the motion carried: Littman , Sennett Littman proposed that the School District be asked to supply half of the cost of the tennis courts. Mr. Don Loomis urged tennis courts be constructed immediately to avoid rising construction costs. Sennett moved, seconded by Becker, to amend the main motion that Account No. 33, which contains the $20,000 allocation for tennis courts, be reduced by $10,000; that the remaining $10,000 allocated for tennis courts be encumbered for that use; and tilat the construction of tennis courts be scheduled for no earlier than July 1, 1973. ADOPTION OF CITY TAX RATE FOR FISCAL YEAR 1972-73 Res. 472, adopted 14 Actiop: The Chair directed this matter continued to September 12 in order that the committee further review it. as amended, The City Manager requested the Council review working condi- tions as to salaries on a merit, cost-of-living and fringe benefits basis early in the fiscal year, with changes to become effective July 1. To eliminate an IS-month wait, he asked that this year changes become effective in January. Littman stated the committee had agreed they should begin the practice of yearly review now; and rather than take up the matter in January, it be reviewed in June, with adjustments to be compensated for either by way of retroactiveness or a greater salary increase. AYES: NOES: ABSENT COUNCI LHEN COUNCILHEN COUNCILHEN Aramburu None None , Motion of Becker, seconded by Aramburu, that the fringe benefit program in the amounts outlined by the City Manager in his memorandum of August 28 be approved, carried: Becker , Fanning , Littman , Sennett 29l August 28, Page 6 AYES: NOES: ABSENT : CITY COUNCIL COUNCILrIEN COUNCILlIEN COUNCILI,tEN I~1INUTES NO Arambu.-~u , None None 1972 Becker and the mction carried , Fanning , Littman , Seneett Question was called, The Chair directed the City Nanager prepare a cover letter to accompany the resolution to explain the position of the Council, illustrating their progress, and enclosing Chapter 4 of the Preliminary Report p~epared by Williams and Mocine The remainder of the statement to be stricken, and the final paragraph to read: uTHEREFORE, BE IT RESOLVED that th~ Planning Commission, and tllereafter the City Council, shall, as soon as possible, hold hearings on said policy guidelines with a view to the adoption by the City at the earliest practicable date of the City's Official Statement of Environmental Quality and Open Space.1I The first seven paragraphs to remain Paragraph 8 to be changed as follows delete "tae follo\-ling," to read II. . Policy Guidelines. ." the same. line 1, recommended The title to read: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON, PRELIMINARY STATEr..mNT OF ENVIRONHENTAL QUALITY AND OPEN SPACE FOR THE CITY OF TIBURON, CALIFORNIA.II Littman offered adopt Resolution l~ substitute motion 33 as follows: seconded by Becker, to a Littman objected to taking this matter up at such a late in that he has serious objections to Paaagraphs A.2, A.4 C.2 in that specific areas are not spelled out and it is vague. , , hour and too It was moved by Fanning, seconded by Aramburu, to accept the recommendation of the City l1anager and approve Resolution 473, a Resolution of the Official Statement of Environmental Quality and Open Space for the City of Tiburon. The City Manager presGuted to the Council for adoption a resolution on Environmental Quality and Open Space for the City of Tiburon, as required by State Law. He suggested also forwarding to the State Chapter 4 of the Preliminary Report prepared by ~lilliams and Hocine. He stated the resolution is to be adopted by August 31, and because of the short time involved, the items have not gone before the Planning Commission. How- ever, following the Open Space Conference, both the Planning Commission and the Council have reviewed these items. The City ~lanager stated the State is requesting a guide and not a firm policy statement from cities. ADOPTION OF THE INTERIXJ OPEN SPACE PLAN Res 473 adopted lO. Action In response to a question by the Chair, Mr. Kelly stated they have celocated all of the residents of Hilarita for whom they are responsible. The Chair thanked ~lr. Kelly for his report to the Council l-1r. Kelly, assistant to Hr. liJallace K. Shepherd, I1arin County Housing Authority, gave a report on the goals and problems of the Housing Authority. He reported on the progress of the redevelopment lands in Uarin City and furnished information on their leased housing in the County. 9 HOUSING AUTHORITY OF THE COUNTY OF 1'.:u'\RIN 8. HARSH AREA IN DOt'mTOWN TIBURON Action: Received report & agendized for Sept. 12 Aramburu reported he has met with representatives of the Marin Audubon Society, the Tiburon Peninsula Advisory Committee, the Be1vederejTiburon Committee for the Environment and City staff concerning preservation of the marsh in downtown Tiburon, and they have walked the perimeter of the marsh and examined it from the hills above. Hr. Hopkins of the TPC has indicated the TPC will cooperate in fu~ther endeavors and would bring it up for discussion at their September meeting. Aramburu stated a meeting has been set for September 5 to discuss specific plans for the preservation of the marsh and means for its acquisition, and they will report back to the Council on September 12. 12. DISPOSITION OF UNCLAI~mD Action: Ord., as amended, passed PROPERTY 1st reading An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ADDING CHAPTER 27 TO THE TIBURON UUNICIPAL CODE, PROVIDING FOR THE DISPOSITION OF UNCLAIHED PROPERTY, came on for introduction and first reading. On motion of Fanning, seconded by Becker, and there being no objection, full reading of the ordinance was waived and the ordinance was read by title only. It was moved by Fanning, seconded by Becker, that the ordinance be deemed to have passed first reading. It was moved by Littman, seconded by Becker, to amend the ordinance in Section 27-1 to read: "Any unclaimed property not in excess of $250 in value in the possession . " . . Hotion carried: AYES: COm~CILI-1EN : Aramburu, Becker, Fanning, Littman NOES: COUNCILr'lEN: Sennett ABSENT: COUNCIU.1EN: None Becker suggested Council review this at.the end of the year to determine whether the $250 limit clause should be eliminated or revised. Question was called on the motion that the ordinance pass first reading, and the motion carried: AYES: COUNCILHEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILlIEN: None 13. P.O.S.T. COHHISSION ON Action: Ord. passed 1st reading PEACE OFFICERS, STANDARDS AND TRAINING An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ACCEPTING THE REQUIRENENTS OF SECTION 13522 OF THE PENAL CODE RELATING TO TRAINING OF LAW ENFORCEBENT OFFICERS, came on for introduction and first reading. On motion of Fanning, seconded by Aramburu, and there being no objection, full reading of the ordinance was waived and the ordinance was read by title only. August 28, 1972 CITY COUNCIL HINUTES NO 291 Page 7 \,' ~~tion of Littman, seconded by Becker, that the ordinance pass first reading, carried: AYES: COUNCILHEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILr.1EN: None ABSENT: COONCI u.mN : None lSo CHAPTER B TAX SALE Action: Purchase approved PARCELS IN TIBURON The City Manager presented to the Council the recommendations of the Parks and Recreation Commission to purchase Parcel Numbers 39-03l-l8 and 59-091-28 in accordance with Chapter 8 of the Revenue and Taxation Code. 110tion of Fanning, seconded by Aramburu, to approve purchase of this property, carried: AYES: COUNCILI~N : Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILf.ilEN : None ABSENT: COUNCILHEN: None V. ITEHS NOT ON THE AGENDA The Chair presented to the Council an amendment to the original contract entered into by the City of Tiburon and the Housing and Urban Development Wi~l respect to the acquisition of the railroad right-of-way, which is now the bicycle path. It was moved by Littman, seconded by Fanning, that the contract be amended as follows: That the 4th paragraph of Section 2A of the contract, whidl is the one that describes the precise area involved, be amended and the following language be substituted in lieu of the language that presently appears: liThe above-described strip of land contains an area of 15 acres, mOEor less, ex~lusive of the portion lying \'li thin Tiburon Boulevard. It Littman further moved to adopt Resolution 474, a Resolution of the City Council of the City of Tiburon Approving and Providing for the Execution of a Contract for Grant to Acquire And/Or Develop Land for Open-Space Purposes, Contract No. OSL-CA- 09-1009 (A) (G) By and Between the City of Tiburon and the United States of America. Question was called, and the motion carried: AYES: COUNCILl-1EN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUNCIU'IEN: None VI. REPORTS Police Status Report The Chair directed the police report received. In response to a question by the Chair, Police Chief Lafferty stated the effect of the stop signs at Del Mar and Beach Road will be reviewed by the Traffic Review Committee and a report furnished. August 28, 1972 CITY COUNCIL MINUTES NO 29l Page 8 CITY COUNCIL OF TIBURON HINUTES NO. 291 August 28, Page 9 1972 ~ ..... I .. N ~#J~, -../' - - -. . .... BERT B~1ER, City Cler Manager It being n~~ the hour of ll:35 p.m., business to come before the Council, meeting adjourned sine die in memory John HcfInnis. and there baing no further the Chair declared the of Marin County Supervisor VII ADJOURNNENT