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HomeMy WebLinkAboutTC Min 1972 (September thru December) CORRECTED MINUTES CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council, City of '1'iburon, S~a~e of California, was called to order by Uayor Albert H. Sennett: at 7:47 p.m., September 11, 1972, in the City Hall Council Chambers. II. ROLL CALL PRESENT: COlTA.'CILllEN : !layor Sennett, Aramburu, Panning, ABSENT: COUi~CIL1~mN : Becker, Littman EX OPPICIO: R. L. Kleinert, Assistant City l4anaqer Robert I. Conn, City ~~ttorney Richard Arjo, Dir. of Community Dev. Stanley Bala, City Engineer Louis V. Brunini, Supt. of Public tiorks Jlellen K. Hecht, Hinute Clerk III. APPROVAL OF raNU'J.'BS l~o. 291 Action: Approved as correct:ed There being no objection, the Chair lfaived full readinCJ of Hinutes No. 291 Page 4 of Minutes 291 were correo1:ed, under Item 6, the 4th paragraph, to read: II . t:he fiscal year . . shall be $20,040.00. The Chair submitted written corrections from lilss Anne Ellinwood as follows: The second paragraph on page 6, under Item 9, should be corrected in line 2 to read "Hilarita." The name on page 9 should be corrected to read John UcInnis. Adoption of Open Space on page 6 sho,:!ld be renUllbered Item !!!.. There being no further corrections, l\!inutes 291 of August 28, 1972, were approved as corrected. IV. ITEl-2S NOT Oi~ THE AGENDA The Chair referred to the development known as BeedlaneS ttoods Unit. 4 for which ~e Count.y approved a much higher density than recommended by the Tiburon Planning CODRission. He requested Hr. Edward Uiddendorf, president. of the Reed 1 and Woods Propert.y OWners Association, apprise the Council of the action t.aken to date in t:his matter. Mr. Middendorf related the past hist.ory of this propert.y. He stated the property Otmers in the area object. to the proposed development: because of the high density, the traffic:: that will be generated down Reed Ranch Road, the soil inst.abiliqr, and the increased student population for Bel Aire School. He requested the City Council take a 8t.roDq stand in this aatt:er when it. comes before the Board of Supervisors as the property is almost surrounded by the Cit.y, and also because the 14ast.er Plan for the Tiburon Peninsula calls for a much lower density for this area. CITY COUNCIL HINU'l'ES NO. 292 September 11, 1972 Page 1 The Chair expressed concern over developers goinq ~o ~he County for high densi~y projects and then asking to be annexed to the City. He stated Supervisor t'1ornum has been invited to t.he September 25th Council meeting to discuss the whole question of densities. The Chair moved that the Council take an independent position from the property owners with respect to this proposed develop- ment and communicate that position as forcefully as possible with the appropriate documents .~o the Board of Supervisors. Aramburu suggested the City make specific recommendations, applying the slope policy to this area. The Chair direc~ed the Director of Community Development to prepare a summary of the project, to be reviewed by the Plan- ning Commission and brought back to the Council on Sep~ember 25th. Council will then make specific recommendations to forward to the Board of Supervisors. v. BUSINESS OF THE COUNCIL 1. HACIEl~DA DRIVE DEDICATION Action: Ref'd to Pub. Sve Comm. AL"1D ACCEPTANCE The City Engineer presented to the Council a State Highway Department Uap showing Hacienda Drive to be on i:he select street system, which would therefore permit gas tax moneys to be used on it. He recommended both Hacienda Drive and Porto Marino to be included in the City street system. In response to a question by the Chair as to the proposed ~provements within the ourrent budget, the City Engineer outlined the minimum repairs that would be required, including a sidewalk, as totaling approximately $9200. The City Attorney stated the City has never received an offer of dedication for this street. The Assistant City Manager reported the owner of record is Hr. Benton Bostick, his wife, his brother and his wife. He stated the City wrote to Ur. Bostick on August 10 and still has never received a response. He stated the City has received numerous letters from various property owner associations objecting to.the use of public funds for improving substandard streets. The Chair directed the record show he has received communica- tions from a number of residents in the Hacienda Drive area setting forth their opinion that tilis is an unusual situation in that many neighborhoods use the road; and because of the dangerous situation, it should be considered as a special exception and improved by the City. The City Attorney stated the title report he obtained for the property shows judgment liens against the property which must be taken care of. Fanning referred to drainage problems in the area, which could not be corrected with the use of gas tax moneys. The Chair directed this matter referred ~o the Public Services Committee to (1) collect the offer of dedication from the leqal owners, ( 2) analyze s taf f recommendations, and ( 3) deter- mine the entire question of whether all of Hacienda Drive should be ded1oatod. to:..~;he . City. Hr. Lex Byers, preside::1t of the Tiburon Ridqe Association, expressed their concern over the safety aspect of Lower Hacienda Drive and the narro'~ess of the road. Referring to September 11, 1972 CITY COm~CIL MINUTES NO. 292 Page 2 Upper Hacienda Drive, he stated the portion from 117 to 180 has been a private road for the last five years, and the property ~mers would like to maintain it as a private road Hesdames Narilyn Talan and nary Falk spoke of the hazardous situation on Lower Hacienda. Al Kuhn, chairman of the Planning Commission, spoke against using gas tax funds to improve Hacienda Drive. r~. Ramp'ton Harvey suggested leaving Lower -Iacienda in its present form and improving Porto Marino as it will more effectively serve residents from Little Reed, Del liar and Hacienda. The Chair referred l1rs. Talan I s request for a three-~'11ay stop sign at the intersection of Avenida r,iira Flores and Tiburon Boulevard to the Traffic Safety Com~ittee, and asked the committee to report back to tile Council on this matter. The Chair urged the prop~rty ~~ers in the area look into the possibility of hiring a private source to remove the weeds as the City is not allowed to go on private property. BE'l'AINIi'lG ~'JALL, 1693 I'<lAR {'.JEST In response to a request by the City Engineer, it was moved by Fanning, seconded by Aramburu, that the City Engineer be authorized to advertise for bids for the concrete retaining wall at 1693 !1ar West. .Hotion carried: AYES: COUl~CILHEN : Aramburu, Fanning, Sennett NOES: COUNCILHEN: None ABSENT: COUl~CILNEN : Becker, Littman 2. P.O.S.T. COUMISSION ON Action: Ord. 102 N.S. adopted PEACE OFFICERS, STANDARDS & TRAINING An ordinance entitled M~ ORDINM~CE OF THE CITY OF TIBURON ACCEPTING THE REQUlREf,mNTS OF SFCTION 13522 OF THE PENAL CODE RELATING TO TRAINING OF LA~1 EI\JFv.!:~CEI'1ENT OFFICERS, having passed first reading, c~~e on fo~ second reading and adoption. On motion of Aramburu, seconded by Fanning, and there being no objection, the Chair ruled full reading of the ordinance waived, and tile ordinance was reed by title only. Motion of Fanning, seconded by Ar,mmuru, that Ordinance No. 102 N.S. be deemed to have passed second reading and be adopted, carried: AYES: COUNCILHEN: Aramburu, Fanning, Sennett liOES : COUNCILHEN: None ABSENT: COUNCILHEN: Becker, Littman 3. DISPOSITION OF UNCLAII\1ED PROPERTY Act.1.on: Cont'd to Sept. 26 An ordinance entitled 1U~ ORDINM~CE OF THE CITY OF TIBURON ADDING CHAPTER 27 TO THE TIBURON MUNICIPAL CODE, PROVIDING FOR THE DISPOSITION OF UNCLAIUED PROPERTY, having passed first reading, came on for second reading and adoption. On motion of Aramburu, seconded by Fanning, and there being no objection, tile Chair ruled reading of the full ordinance waived, and the ordinance was read by title only. At the request of Aramburu, and there being no objection, the Chair directed the ordinance amended in Sec. 27-4, line 3, to read "Chief shall publish." September 11, 1972 CITY COUNCIL HlNUTES NO 292 Page 3 CITY COUNCIL Z'1INUTE8 NO.. 292 September 11, Page 4 1972 It was the sense of the Council that it approved of the map. Planning Commissioner Wayne requested more definite action. It was moved by Aramburu, seconded by Fanning, that the Council accept this as an interi~ Open Space Element to be used a8 a workinq guide that WOUJ..d include both the text and the map. George Ellman urged the County be kept informed of the City's ,c~ions in this matter. The Chair advised he is requesting _taff send Supervisor Wornum material in this regard prior to his visit to the next CQun~il ~eetin9 on September 25~. Hr. Rampton ~arvey, chairman of the Open Space Committee, spoke in favor of the map as a whole but stated minor changes are necessary. Planning Commissioner Robert Wayne stated this ~s a preliminary study and small changes \>1il1 be made. The Chair suggested the wording be more forceful in some areas, replacing statements such as "may need" or "perhaps would" with positive _ording. . The Director of Community Development presented to the Council a m~p prepared by Williams and Mocine with preliminary changes made by the Open Space Committee and the Planning Commission. He ~tated the Planning Commission has accepted Chapter 4, the desoription of the Open Space Element by Williams and ~ocine, pl~s' the revised general map as a starting point. 6 The Assistant City Manager reported all of the fill permits previously granted have expired and there won't be any more granted in the marsh area. PRELnlINARY OPEN SPACE ELEI'lENT Action Hap and Report rec'd In regard to the drainage aspect, the railroad o,~s half of the lands involved and their next step after going to the TPC will be to contact the railroad people. Aramburu reported he has met with Hr. Stewart Hopkins about the possibility of acquiring the marsh area, and Hr. Hopkins is going before the Board of the Tiburon Peninsula Club with the suggestions made by the City Manager that the TPC either deed the land to the City or lease it at some nominal charqe. He stated the Audubon Society has indicated they will be happy to be of technical assistance on what it would take to maintain the marsh in its natural state. 5 HARSH AREA IN The Chair set a special meeting for Thursday, October 12, discussion of this matter with the Planning and Parks and tion Commissions. OOWNTOvH-t TIBURON Action Report received for Recrea- Fanning presented the Agenda Bill of September 11, 1972, setting forth the report of the Lands and Development Committee in reqard to a redevelopment district for the Downtown area. He stated they will collect additional information to be presented on October lOth to the Council, and they will have a resolution or minute order for adoption at this time, along with recommendations for a redevelopment council. Report received; agendized for Oct 10 4 REDEVELOPHENT AGENCY The Chair directed second reading of tile ordinance continued to September 25 so the full Council can take up the question of the disposition of unclaimed property in excess of $250. Action At the request of the City Attorney, and taere being no objec- tion, the Chair directed the Ordinance amended to read "Section 2 7 -1 : Amendmen t. tl - CITY COUNCIIJ HIN{j:~~:;S NO 292 September 11, Page 5 1972 In response to a request by Hr. Herb ~1enig, the Chair asked that Hr. Wenig furnish namp8 of people at HUD he is requesting the City correspond directly with, and ~~~i~would be happy to send a letter to them. He stated there has been discussion from staff and other sources about the possibility of the City of Tiburon's making arrangements with TEA for the possibility of accommodating staff members in Hilarita. Aramburu stated Hr. r.1art:;;n Mackey has advised there is a possibility this could be arranged, and he would recommend discussion by the City staff and interested members in terms of what could be done about housing Tiburon employees. The Chair suggested the City prepare for TEA a list of present salaries paid to explore the possibility of employees living in Hilarita The Chair referred to a co~nunication from the Tiburon Ecumenical Association d~ted September 6 advising of the rules that are to be established with respect to priority given to residents of the Tiburon Peninsula in regard to eligibility requirements for tile Hilarita Housing Project. Hilarita Housing Project The Chair referred to recom'end~tions from the Development Administrator with rep~~ct ~o t' ~ slide problems in the Red Hill area. He str.t~sJ t~1C.:''' .. :.l:~ be part of the study by the Lands and Devclc;?:r'1crJ: Co~rt'.Lli ttee with respect to the Redevelopm'.)nt Ag(,,>l~:':Y '> Slide Area Problems, Red Hil~-!\rea AYES: NOES: ABSENT COUNCILrmN COUl~CILHEN COUNCILr.IEN . . . VI Aramburu None Becker , QUE S TI.9NS , Fanning Littman , Motion of Fanning, seconded by Aramburu, that the ordinance be deemed to have passed first reading, carried: Sennett On motion of Aramburu, seconded by Fanning, and there being no objection, tile Chair ruled reading of the full ordinance waived, and the ordinance was read by title only. An ordinance entitled AI: ORDINANCE OF THE CITY OF TIBURON AI~mNDING CHAPTER 20 OF THE TIBURON liUNICIPAL CODE BY PROVIDING FOR PENALTIES FOR VIOLATIONS came on for introduction and first reading ANI1\1AL CONTROL ORDINANCE AriENDHENT 7. AYES: NOES: ABSENT: COUNCILf-1EN: COUNCILf.lEN: COUNCILllEN: Ar aIT~buru , None Bcc1:cr, Action .......... --- Littm:"lu Fanning Ord. passed 1st reading , Fanaing offered as a substitute motion, seconded by Aramburu, that the Council accept the Preliminary Open Space Element Report submitted by ~'li.llie.ms and Hocine as a t<1orking document for further study by the Planning Commission and the City Council. Hotion carried Sennett The City Attorney stated that plan, public hearings must be and the Council. before Council can adopt the held by the Planning Commission The Chair referred to a letter received from Hr. Wenig ''lith respect to HUD's approval of the loan. He asked the record to show he has requested Mr. Ned Weed, president, TEA, to give the City his reaction to the HUD approval of the loan, what changes this requires and h~ these changes compare with the pl ,-se ~U plans approved by the City 0 He stated upon receipt of that letter he will make it available to staff for review and analysis. He stated the letter will be ~vailable to the public. VI. ADJOURJ.'JIlENT It being now the hour of 10:15 p.m., and there being no further business to come before the Council, the Chair declared the meeting adjourned sine die in memory of the slain Israeli Olympic athletes. ~ ~y:~ R. L, {~ rt, Ass't City Manager APPROVED BY THE CITY COUNCIL ON: k 1972. ~ITY OF TIBURON September 11, 1972 CITY COUNCIL BINUTES NO 292 Page 6 CORRECTED 'fj;' r:: c"'~,"i~:>' "l,J -,,:1 '[) AUUr I t~ f 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 rlayor Albert H. Sennett at 7:40 p.m., September 25, 1972, in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILl'1EN: Uayor Sennett, Aramburu, Becker, Fanning ABSENT: COUNCILlmN ~ Littman EX OFFICIO: Bert Balmer, City Hanager R. L. Kleinert, Assistant City Hanager Richard Breiner, Deputy City Attorney Stanley Bala, City Engineer l'Iaurice D. Lafferty, Chief of Police Richard Arjo, Dir. of Community Development Louis V. Brunini, Supt. of Public Works Hellen K. Hecht, Uinute Clerk III. APPROVAL OF MINUTES No. 292 Action: Approved as corrected There being no objection, the Chair waived full reading of Hinutes Ho. 292 The Chair corrected page 6 of the minutes, line 6, to read "precise plans approved by the city. J~ There being no further corrections, tlinutes No. 292 were approved by the Council. IV. BUSINESS OF THE COUNCIL 1. APPEAL FROU DECISION OF BOARD Action: Appeal denied OF ADJUSTI-.1ENTS TO DENY USE PERriIT FOR THE KEEPING OF HORSES ON THE CONGREGATIONAL CHURCH PROPERTY The Chair stated the record before the Council in this matter consists of the minutes of the Board of Adjustments dated August 23, 1972; maps of the area; letters from Allan Thompson, Dr. James McCray, Mrs. Norby and Mr. Charles Stine. In response to a question by the Chair, the Director of Community Development stated the premises were visited by members of the Board of Adjustments. In response to a question by I1rs. I\larshall Figari, the Director stated adjacent property owners are notified when a permit for keeping a horse is requested. Dr. James McCray spoke in support of the decision of the Board of Adjustments to deny the application for a use permit to pasture horses. Mr. Allan Thompson, representing tile citizens who are appealing the decision, stated it is their opinion the horse ordinance was not interpreted or even considered properly by the Board of Adjustments. He stated in his opinion the church property is ideal for keeping horses. He stated they have met all tile requirements of the horse ordinance and the Board of Adjustments denied the permit only on the basis of complaints from a small number of neighbors. He stated he viewed the property from the Norby house and the stables could only be seen when standing near the windo,"/s CITY COUNCIL HINUTES NO 293 September 25, 1972 Page 1 HINUTES NO. 293 ftp. ~.; September 25, Page 2 CITY COUNCIL Supervisor Wornum stated in his opinion the county has been very responsive to the City of Tiburon. He referred to the City-County Planning Council's attempts to prepare a general plan which will be agreed upon by the county and the cities. He referred to LAFCO's sphere of influence study to determine the areas within a city's sphere of interest, and stated he favored compatible zoning by the city and the county. He stated he \'lould support the City:s the ci'ty' e: aQgpt.iR.~ a policy- that provides before a subdivision forward~ng to . . the county for could be developed on land cont1guous to the C1ty, the land must d t" a . a op ~on be annexed to the C1 ty · policy 1972 The Chair stated the basic concern of the City is development of areas adjacent to Tiburon witll much higher densities than what the City feels appropriate for the area. At the request of the Chair, tile Director of Community Development outlined the Tiburon city limits on the map and referred to pro- posed developments in the county bordering on the city limits of Tiburon. The Chair introduced Ilarin County Supervisor Michael Wornum and advised he had been invited to speak with respect to the County Plan for the county areas adjacent to Tiburon, how it affects the future of Tiburon, and how it compares with Tiburon's view of appropriate planning for this area. He stated also present at the meeting was Harvey Bragdon, planner for current development in the County of I1arin 4 HARIN AYES: NOES: ABSENT COm~TY SUPERVISOR, COUNCILHEN COUNCILHEN COUNCILHEN Aramburu, Becker Littman THIRD DISTRICT Fanning, It was moved by Fanning, seconded by Aramburu, that the deci- sion of the Board of Adjustments be affirmed, in accordance with findings set out in Board of Adjustments Resolution 153. Motion carried: Sennett 1'lotion of a second. Becker that the appeal be granted died for lack of Becker urged tile Council decide which rights go with the land versus which rights go with the uses, and further which part of the city should be devoted to the needs of the young people and which part to the enjoyment of the land. In response to a question by Fanning, the City there have been several applications for horse none have been issued. Hanager stated permits but Jeff Knight, horses being John Burke and Janet Figari spoke in support of allowed on the church property. Planning Commissioner Bruce Ross ~dvised the Board of Adjustments attempted to make its decision based on the fact that the horses seemed to constitute a nuisance to the adjoining property owners because of odor, noise and appearance. Mr. Chester Judah and Mrs allowed on the property. Harmina spoke against horses being r~s. Marian Stine supported Mr. Thompson's appeal and questioned how horses could be detrimental to the general welfare. She stated all the provisions of the horse ordinance had been com- plied with and referred to petitions and letters received from people who were in favor of tlle horses. ~ITY COUNCII.J r1INUTES NO 293 September 25, Page 3 1972 ~-- In response to a question by the Chair, the Director stated the City cannot make a decision as to whether or not condominiums would be more suitable than apartments. In response to a question by the Chair, the Deputy City Attorney stated that to his present knowledge there is no provision in the ~lap Act that allows the City to refuse approval on any grounds other than those set forth in the l1ap Act and other ordinances Mr. ~lcKinnon stated the law forbids an owner from offering any units for sale to tenants until they have a public report, and that is the reason the present tenants were not notified. He stated the prices will go up but they are trying to keep them as close as possible to the existing rents. !4r Mr. Tom Graham, representing the tenants of Harbor Hill, requested action in this matter be delayed to give ~e tenants an oppor- tunity to review the matter. He presented a letter to the Council setting fortll the fact that when new leases had been issued, there was no mention of the proposed sale; the fact that tenants feel these apartments are not suited for condominiums as they are small, there is little storage area, and they are not designed for family living; and prices being asked are far above the normal conversion formula used when apartments are converted to condominiums. Edwin Lukas spoke on behalf of the tenants In response to a question by the Chair, the Deputy City Attorney stated that the only jurisdiction the City has in matters of this kind is to control the design and improvement of the subdivision. He stated their office has reviewed the covenants, conditions and restrictions and reconu-nended cert1.in changes which should be incorporated with the conditions :::-~(r;~ired by the Planning Com- mission before the final map is approved. The Director of Community Development presented for approval Tentative wap for conversion of 54 apartments on Harbor Oak Drive into condominiums. Sent to committees return Oct. 10 , the 11. Hl\RBOR HILL CONDOHIN The Chair announced the City of Belvedere, the Reed School Dis- trict, and the Inc~pendent Journal have indicated their support of Tiburon's open space bond issue IUr1 Action to A recess 9:50 p.rn was taken at 9:37 p.m. ., the roll standing as the Council reconvening at originally taken. , RECESS lIre Worn urn stated he has ~c~uested the Board of Supervisors endorse the Tiburon bond isgue as in his opinion open space is a valuable tool for implcnenting the way planning should go. He advocated the cities that spend money on open space be given priority with respect to county-wide open space money. In response to a question by the Chair, Mr. Harvey Bragdon stated the Strawberry group has submitted a general plan to the county as a guide for land development. The Board of Supervisors has stated they would not approve any more densities until a master plan for the entire area has been prepared. However, the plan submitted by the Strawberry group has no legal status. He urged the City of Tiburon work with the citizens of Strawberry in pre- paring a master plan for the area. He furth~r urged the City make specific recorrunendations whe"1 opposing deve1.opment plans forwarded by the county. September Page 4 25, 1972 CITY COUNCIL The City Uanager presented the request of the Tiburon Ecumenical Association, a non-profit association, that the City of Tiburon waive the normal building fees relating to the Hilarita Housing Project. IIINUTES NO 293 WAIVER OF BUILDING FEES PEill1ITS - HILARITA 9 AND The Chair advised Hr. Gerald Hood left a report with the Council for their review, and because of the heavy agenda, has asked to address the Council at a iai::et; .:,:date. Action Cont'd to Oct. 1~:' 3 11ARIN There being no objection, the Chair stated he will make the same ruling in this matter as was made for the preceding item, and directed the matter continued to October 10 for the purposes of receiving the report from the Planning Commission. COUNTY HUr~~ RIGHTS CO~~lISSION In response to a question by the Chair, the Deputy City Attorney stated the Council has not been given the covenants, conditions and restrictions or the map itself, and therefore has not received a full report from the Planning Commission. In response senting the to a question by the Chair, Mr. HcCarthy Company objected to.a Bill HcFarland, repre- delay in this matter. The Director of Community Developlent presented to the Council a request for Tentative and Final SD~division 11ap converting 48 existing ~partments into condominiums. Referred to committees, to return Oct. 10 10 I.1ARINERO CENTER CONDOHINIUU The Chair ruled that tile material from the Planning Commission does not constitute the full report of the Planning Commission. He stated that until such time as the report is received, the matter cannot be acted upon by Council. There being no objection, he directed the Director of Community Development obtain all pertinent documents and properly present them to the Council for considera- tion at the next meeting on October 10 Action The Chair advised that ti1e Council has received a staff report plus a one-page location map, and questioned the Director of Community Development whether the Council has received a full report and what other documents, if any, had been submitted to the Planning Commission. The Director advised that the covenants conditions and restrictions were submitted and given to the City Attorney, plus 15 copies of the full maps, but that none of those were submitted to the Council. Based on this advice, the Deputy City Attorney stated that obviously what the Council has been given is not the report of the Planning Commission. , The Deputy City Attorney advised that the Council must take action on the tentative map within 10 days of receipt of the Planning Commission's report. He stated that if the Council has not received the report from the Planning Commission, it cannot take action this evening. Hr 0 IIiller, attorney for I"lr. r'lcKinnon, stated that continuance to October 24th is not satisfactory to the applicant. The Chair directed this matter to the Lands and Development C~ mittee and the Public Services Committee for consideration of a policy for future matters of this kind, to report back to the Council on October 24. He recommended members of the audience and the applicant be invited to attend the committee meetings. 293 September 25, Page 5 1972 - Dr. Roy Handley gave a brief histor~ photographs of Mr. Cole's view. CITY COUNCIL un~UTES l~O of In response to a question by the Chair, the Director of Community Development reported the Board of Design Review found that the proposed duplex did not obstruct the views, that it is within the line of site and it is a certain distance off the street. In regard to the objection the street setback is only 6 feet wherein a minimum of 15 feet is required, the Director stated Hr. Coles was correct in his statement that there are no six-foot setbacks along that street; however, it is not illegal. the property and showed The Director of Community Development presented the appeal from the decision of the Board of Design Review approving the duplex at 2310 Mar East Streeto APPEAL FROU DECISION OF DESIGN REVIEW 12 . AYES: l~OES : ABSENT : Motion of Becker, seconded by Fanning, that Ordinance 103 N.S. be deemed to have passed second reading and be adopted, carried: Sennett COUNCILI~ COUNCILI~N COUNCILUEN . . . . . . OF BOARD Aramburu None Littman , Action Becker, : Fanning, Continued On motion of Becker, seconded by Fanning, and there being no objection, reading of the full ordinance was waived and the ordinance was read by title only. . An ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TIBURON REZONING CERTAIN PROPERTY IN THE VICINITY OF GILl.~IN DRIVE FOOH THE R-l ZONE TO THE R-lC (CLUSTER OVERLAY ZONE), having passed first reading, came on for second reading and adoption. adopted 2. CASSOU REZONING fir. Hecht advised a letter will be sent to the Council in response to their inquiry about people who work in the city qualifying for Hilarita housing ON GIUymRTIN DRIVE Action : Ord . 103 N.S. The Chair directed the Director furnish a report analyzing the changes and advise the Council in one ''leek whether or not there have been substiU1t:ive changes. Hr. Paul Hecht, vice president of TEA, advised changes were submitted to the Planning Department on August 15, and a letter dated August 25, 1972, detailing the changes from the Precise Plans was submitted to the Director of Community Development. Mr. Herb Wenig questioned whether or not the City intends to reply to a letter addressed to the Council recommending a new 11aster Plan be required and public hearings held in that the plan for Hilarita has possibly been changed. The Chair stated he has requested Ned Weed, president of TEA, outline the changes, if any, between the Precise Plans as approved by the Council and the changes required by HUD; and that information will be made public as soon as it is received. The Chair directed this matter continued to October 10 to give the City Attorney an opportunity to determine whether or not the City can waive fees, and suggested any further information TEA may have in this matter be ref3rred to the City Attorney. In response to a question by the Chair, the Deputy City Attorney stated he has not looked into the legalities to determine whether the City would have the autbority to waive the fees, but that in his preliminary opinion the fees cannot be waived. September Page 6 , CITY COUNCIL Aramburu offered a substitute motion that the matter be continued until the next regularly scheduled meeting so that the City HINUTES NO 29! 25 1972 The Chair stated evidently tile Board of Design Review did not they had the right to review the design features of the pier. He is now directing that this is within their jurisdiction and they should be requested to look at the pier with its design features just as much as the house. ~~en this is done, the Council can make a final decision. feel The Chair offered as a substitute motion that the matter be referred back to the Board of Design Review to consider the design features of the pier. Becker withdrew his motion and seconded the Chair's motion. It was moved by Becker, be denied. seconded by Sennett In response to a question by the Chair, the Deputy City Attorney stated design review of the pier is proper in RO-I and RO-2 zones as it is part of the structure, and the City has this power under the interim ordinance. However, they would be limited to consider compatibility with the established scale in the neighbor- hood. that the appeal Fanning objected to the GO-foot pier being constructed and stated when this matter was before the Bcnc they could not consider the design aspects and approved it on the basis it did not inter- fere with the public's use of the Bay In response to a question by the Chair, the Director stated he is satisfied every aspect of this application has been gone over and that the Board of Adjustments need not review the matter further. He stated the Board of Design Review considered the height and the view-blocking only, and this is what is before the Council at this time. The Chair questioned whether rir. Coles is within his rights to appeal the Board of Adjustments' ruling with respect to setbacks. The Deputy City Attorney responded in the affirmative. Miss Anne Ellinwood read from Section 20 of the Zoning Ordinance which set forth where error has been made in the administration of zoning and building laws and regulations, there is no time limit for appealing. The City Attorney responded Section 20 would allow appeal from any decision from the administration of building and zoning laws, but did not apply to subdivision laws and the City does not have the power to act on subdivisions. The Director stated to build the duplex adjustment in the lot line makes it possible without a variance. In response to a question by the Chair, the Director stated the average height of the building does not exceed 30 feet, which would bring it within the limitations of the ordinance and the building is within the general scale of buildings in the neighbor- hood. lMr. Jerry Coles stated there are about six neighbors concerned with this development. He reviewed the lengthy history of this property and asked the matter be sent back to the Board of Adjustments for a variance hearing for the six-foot setback. He presented sketches of the proposed duplex which, in his opinion, is much too large for the lot. He spoke to the design aspect as not being compatible with development in tile area, the parking problem, and the safety problem in that getting adequate fire protection would be very difficult. He stated the neighbors are protesting the 34-foot height. Attorney and the Development Administrator can determine whether the Planning Commission or a sub-body of the Planning Commission has jurisdiction over this matter. The Chair stated there has already been a ruling from the Deputy City Attorney it is within their jurisdiction. The motion died for lack of a second. The Deputy City Attorney suggested the motion of the Chair be amended to continue the matter on the calendar for a report from the Board of Design Revie\-l. The Chair and Becker accepted the amendment. Question was called, and ti1e motion, as amended, carried: AYES: COUNCILi IEN : Aramburu, Becker, Fanning, Sennett NOES: COUNCILHEN: None ABSENT: COUNCIL11EN: Littman 5. DISPOSITION OF UNCLAIHED PROPERTY ADDING CHAPTER 27 TO THE TIBURON CITY CODE TO PROVIDE FOR CITY DISPOSITION OF UNCLAIHED PROPERTY 6. ANII,lAL CONTROL ORDINAi~CE AHENDHENT 7. RECOl-ll1ENDATION ON ANNUAL JOB EVALUATION AND SALARY REVIE~\] 8. COUN'ry REFERRAL OF REZONING AND HASTER PLAN OF HIGHLA1\JDS PL~~NED RESIDENTIAL DEVELOPr,mNT The Chair directed the above items continued. 13. COUNTY-WIDE CONSOLIDATED POLICE DEPARTtffiNT Fanning recommended the Council advise the Hayors and Councilmen they would favor a study of a new consolidated police department in Harin County. Chief Lafferty recommended the matter be studied. The Chair directed Aramburu forward to the l1ayors and Councilmen the Council's endorsement of the proposed study for a consoli- dated police department in Ilarin County. 15. CLAIHS REGISTER - JULY 16. POLICE STATUS REPORT - AUGUST The Chair directed the above reports received. 14. CASH FLOt'J - JUL Y Motion of Becker, seconded by Fanning, to approve Register of Claims 97, carried: AYES: COUi~C ILHEN : Aramburu, Becker, Fanning, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILUEN: Littman V. QUESTIONS Bicycle Path, Richardson Bay Bridge It was moved by Fanning, seconded by Becker, that the Council go on record as supporting the bike path along the expansion of the nichardson Bay Bridge. Notion carried: All Ayes. Street Repairs, I1ain and Beach Streets It was moved by Becker, seconded by Aramburu, that the City Engineer be authorized to go to bid for repairs at Hain and Beach Streets. l~lotion carried: All Ayes. CITY COUNCIL rlINUTES NO 29.1 September 25, 1972 Page 7 t1eekend Flying of Flag, Cit Offices Fanning recommended the flag at City Hall be flown on Saturdays and Sundays. Angel Island State Park, HR 16444 Miss Anne Ellinwood reviewed the past history of Angel Island and urged the Council to immediately request the following be added to the Acqusition Policy of HR 16444 (Golden Gate National Recreation Area) on page 3, line 9, follot-ling the word "donation II "Except that donation of Angel Island shall require the concurrence of the legislative bodies of the jurisdictions within which it lies." She suggested an air mail, special delivery letter be sent from the Hayor to Senator Bible, who is having a second hearing on Wednesday; that a copy be sent to Congressman Burton; and that a telephone call be made by the Hayor to Senator Bible directly. It was moved by Becker, seconded by Aramburu, that the Council communicate with Senator Allan Bible endorsing the amendment to the Acquisition Policy, as requested by Miss Ellinwood. Hotion carried: AYES: COUNClLi.1EN: Aramburu, Becker, Fanning, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILl1EN : Littman VI. ADJOURNl1ENT It being now the hour of 1:05 a.m., September 26, 1972, and there being no further business to corne before the Council, the Chair declared the meeting adjourned to 7:30 p.m., Tuesday, October 10, 1972, to canvass election returns for the Special Hunicipal General Obligation Bond Election. ~ zL BERT BALHER, .ty Hanager/Clerk APPROVED BY THE CITY COUNCIL ON: , 1972. CITY COUNCIL UINUTES NO. 29_ September 25, 1972 Page 8 CITY COUNCIL CITY OF TIBURON I CALL TO O~Plili The special meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Albert H. Sennett at 6:00 p.m. October 5, 1972, in the City Hall Council Chambers. II. .BOLL CALL PRESENT: COUNCILMEN: Mayor Sennett, Aramburu, Becker, Fanning, Littman EX OFFICIO: COUNCILMEN: Bert Balmer, City Manager Richard G. Arjo, Director of Community Development Richard Breiner, Deputy City Attorney III. BUSINESS OF THE COUNCIL After discussion of the Reedlands Dni t ff4 rezoning and master plan, to be heard by the Board of Supervisors on October 10, the Council adopted the following position: 1. The hearing should be continued by the Board of Supervisors until an en- vironmental impact report on the proposed project can be proposed, and that the City should directly assist in the preparation of the report. 2. The City opposes the density of 4 units per acre, and disagrees with the County Planning Commission's recommendation on the basis that the County is granting a higher density than would result if the development was approved as a conventional detached single-family subdivision based on the minimum lot size required by present zoning. 3. Subdivisions adjacent to incorporated cities that require city services should annex to the City and therefore the developers should petition for annexation and request prezoning and development plan approval by the City of Tiburon. 4. There are no guarantees that moderately-priced housing can be maintained as such and therefore a higher density should not be justified on this basis. IV. ADJOURNMENT . It now being the hour of 7:00 p.m. and no further business to come before the Council the Chair declared the meeting adjourned sine die. VLLzL . BERT BA~mR, City Clerk/Manager APPROVED BY THE CITY COUNCIL ON October 24 1972 CITY COUN~IL MINUTES #294 Octol5>er 5 1972 CORRECTED MINUTES CITY COUNCIL CITY OF 'l'IBURON I. CALL TO ORDER The reqular meeting of the City Council, City of". riburon, State of California, was called to order by Mayor Albert H. Sennett at 7:45 p.m., October 10, 1972, in the City Hall Council Chambers. II. ROLL CALL PRESEN'l': COUliCIUmN : Hayor Sennett, Aramburu, Fanning, Littman ABSENT: COUNCILUEN: Becker EX OFFICIO: Bert Balmer, City Hanaqer R. L. Kleinert, Assistant City ltanager Robert I. Conn, City Attorney Stanley Bala, City Engineer Richard Ario, Dir. of Community Dev. Lt. Mike ~lanick, Police Department Louis V. Brunini, Supt. of Public Works Hellen K. Hecht, l1inute Clerk III. APPROVAL OF fvlINUTES No. 293 Action: Approved as amended There being no objection, the Chair waived full reading of l;linutes No. 2 9 3 . The Chair corrected the last paragraph on page 2, line 7, to read: "He stated he would support the City's forwarding to the county for adoption a policy that provides . n . . The Chair requested the r'unute Clerk review her minutes in regard to paragraph 1 on page 3, line 4, to determine if the word "densities" is correct. There being no further corrections, Uinutes No. 293 of September 25, 1972, were approved as corrected. IV. BUSINESS OF THE COUNCIL I. CAlWASSIHG OF BOND Action: Res. 475 adopted ELECTION RETURNS l-iotion of Littman, seconded by Panning, to adopt Resolution 475, RESOLUTION OP THE CITY COUNCIL OF THE CITY OF TIBURON DECLARING CANVASS OP RETURNS AND RESULT OF SPECIAL !,WNICIPAL BOND ELECTION, was adopted; AYES: COUNCILHEl~ : Aramburu, Fanning, Littman, Sennett liOES: COUNCILl~ml~ : None ABSENT: COtJ1~CILMEN : Becker 'lhe Chair read a list of names of people ,.,ho have been active in the bond election project and thanked the citizens and the Planning and Parks and Recreation Commissions for their successful efforts. With respect to the final selection of the open space projects, 'the Chair stated the Parks and Recreation Commission and the Planning Commission, t.ogether with the citizens' open space conunittee, ,.,i11 conduct joint meetings to study the recommenda- tions of staff, and are to fo~"a~:d their recommendations to the Council in December 1972 on '"1hat. parcels, either in ,.,hole or in part, they would recommend for acquisition by the City. CITY COUNCIL ~~NUTES NO. 295 October 10, 1972 Page 1 October 10, Page 2 CITY COUNCIL The covenants, conditions and restrictions be subject to the written approval of the City Attorney prior to tile recording of the Final Map. HINUTES NO. 295 1972 '1. At the request of the Chair, the City Attorney amended the resolution approving the Final Map of Marinero Condominium, to include, at the end of paragraph 4, n. . . approved for record- ing subject to the following conditions: In response to a question by the Chair, Mr. Bill McFarland advised they would not agree to a second continuance. Littman urged this matter be continued until the Council has had an opportunity to review the covenants, conditions and restrictions. The Chair stated the Council cannot continue the matter without the consent of the applicant as there is an absolute deadline under which the Council must act in matters of this kind, which matters are governed by the State Hap Act. In response to a question by Littman, the.City l1anager stated these units would be freed from price control if they are sold as condominiums; but if they are sold as condominiums and the new owners continue to rent them, they are still subject to rent control. In response to a question by Littman, the City Attorney responded from the information he has been able to obt.ain, the mere conversion of an apartment to a condominium would not have a significant effect on the community and it would appear the Friends of Hammoth case \olould nc': apply. He recommended, hm1ever, the City require a soil~ and drainage report, to the satisfaction of the City Engineer, and that in lieu fees be required. ~his matter having been continued from September 25 for a report from the Lands and Development Committee, Fanning presented the report of the committee to the Council. He stated the Committee found no reasons from a legal standpoint why the conversion from apartments to condominiums should not be approved, but questioned (1) whether action can be taken in this matter in view of the California Supreme Court's decision in the Mammoth case which requires environmental impact studies; and (2) it should be determined if the City is opening itself up to the possibility of future zoning actions in the courts against the City because it has not made provision for rentors in the community. 6. I"1ARINERO ~~. Gerald Hood, Director, Executive Commission, Marin County Human Rights Commission, referred to the Annual Report pre- viously furnished the Council and solicited comments and sug- gestions pertaining tilereto after members of the Council have had the opportunity to review the report. Hr. Hood requested the Mayor appoint two interested citizens from the community of the City of Tiburon who might be interested in representing Tiburon on the Human Rights Commission in a committee liaison representation. The Hayor agreed to make the appointments. CONOOHINIur"l Action Continued to Oct. 24 2. UARIN COUNTY 1,tt. Vernon Perry, financial consultant, recommended the bonds be issued as soon as possible because an additional rise in interest rates is expected. The Chair directed staff prepare the appropriate resolution for tile next regularly scheduled meeting aU~lorizing that the bonds be sold immediately. HUNUU~ RIGHTS CO~lISSION 2. That a soils and drainage report be prepared and the map shall not be approved until the City Engineer has approved and is satisfied with the drainage and soils reports. u3. That the applicant is required to make a payment of in-lieu fees in the amount of $16,250, less credit for land value of recreational easement F~ol area, as required by Section 1450 of the ~ity Code. "4. The Subdivision Agreement be executed to the satisfaction of the City Engineer and that the applicant p08t a bond for the performance of the conditions." The resolution should further incorporate the recommendations of Planning Commissioner Kuhn' s supplementary report., which was read in full by the City Attorney. The City Engineer recommended the matter of parking be considered when drawing up a policy statement in regard to requests for conversions of apartments into condominiums. !Ir. Harry Miller, attorney for the applicant, advised the iianunoth Case applies to ne't" development, and therefore conversion applications would not apply. He referred to an opinion ren- dered by a Los Angeles City Attorney that cit;es do not have the authority under the present ordinances to deny building permits solely on the basis of tile environmental impact study, and that cities are now being urged to adopt new ordinances to control development. It was moved by Aramburu,that the Uarinero Condominium Hap request be denied until the significant questions regarding the poten- tial increase in population and automobiles, dedication of open space or payment of in-lieu fees and maintenance of associated properties are resolved to the s~tisfaction of the Tiburon City Council. Motion died for lack of a second. It was moved by Littmnn, seconded by Sennett, that the subdivision be denied. RECESS A recess was taken at 9:15 p.m., the Council reconvening at 9:30 p.m., the roll standing as originally taken. The City Engineer requested no action be taken in this matter until a soils mechanics report is received. In response to a question by the Chair, Hr. UcFarland stated they would at this time consent to a continuance. Littman withdrew his motion. The Chair directed the matter continued to October 24, 1972. 5. HARBOR HILL CONDOUINIUH Action: Continued to Oct. 24 The Chair stated this item will be continued to October 24 for the same reasons oet forth in the Harinero Condominium matter. Mr. 11cKinnon, the applicant, consented to the continuance. The City Engineer, referring to a pipe under the apartment building, stated the City has no information on its condition and requested the applicC'.nt t~lF.'.T":i.~.'3 the inside of the pipe to CITY COUNCIL MINUTES NO. 295 October 10, 1972 Page 3 .~:~ ~( determine its condition. The Chair directed the City Engineer communicate directly with the applicant in this regard. 3. DISPOSITION OF UNCLAIHED Action: Ord. 104 N.S. adopted PROPERTY An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ADDING CHAPTER 27 TO THE TIBUROl~ llUNICIPAL CODE, PROVIDING FOR THE DISPOSITION OF UNCLAIUED PROPERT:~. having passed first reading, came on for second reading and adoption. On motion of Aramburu, seconded by Fanning, and there being no objections, reading of the full ordinance was waived and the ordinance was read by title only. Mr. Gary Gray objected to the ordinance in that it does not return property to tile owners but permits property to be used as an additional source of revenue to the City. Lt. Uanick stated property turned into the Police Department is normally unclaimed and it is expensive to return it. The ordinance excludes property valued at more than $250, and this will fall within the provisions of the Civil Code for disposal. The City Manager amended tlle ordinance in Section 27-8, in line 2, to read: It . beverages, weapons or legal tender of the . . United States.1i 1Iotion of Fanning, seconded by Aramburu, to adopt Ordinance 104 N.B., carried: AYES: COUNCILrmN: Aramburu, Fanning, Littman, Sennett HOES: COUNCILrmN: None ABSENT: COUNCILHEN: Becker 4 M~IMAL CONTROL OP~IN~~CE Action: Ord. 105 N.S. adopted NJENDMENT An ordinance entitled AN ORDINM~CE OF THE CITY OF TIBURON AivJENDING CHAPTER 20 OF THE TIBURON f.1UNICIPAL CODE BY PROVIDING FOR PENALTIES FOR VIOLATIONS, having passed first reading, came on for second reading and adoption. On motion of Fanning, seconded by Aramburu, and there being no objection, reading of the full ordinance was waived and the ordinance was read by title only. Uotion of Aramburu, seconded by Fanning, that Ordinance 105 M.S. be deemed to have passed second reading and be adopted, carried: AYES: COUNCILUEN: Aramburu, Fanning, Littman, Sennett NOES: COUNCILHBN: None ABSENT: COUNCIU1EN: Becker V. PUBLIC QUESTIONS AND COHNENTS niss Anne Ellinwood, on her o~m behalf and speaking for Dr. and Mrs. George Ellman, requested the City Council declare October 10 through October 16 as Senior Citizens Property Tax Relief Days. She presented a resolution she had prepared in this regard and asked staff make it available to interested persons. ~Uss Ellinwood complained that letters written to councilmen by citizens were not being fonlarded to councilmen by staff, as she had requested this matter be agendized and it was not on the agenda. The City Manager rerponded he had reviewed I-liss Ellinwood · s request ,."i th the :Hayo:': and the Hayor had suggested the matter be brought up as an unagendized matter. CITY COUNCIL MINUTES NO 295 October 10, 1972 Page 4 October 10 Page 5 , CITY COUNCIL The Chair directed this Inut.te:c cCi1tinued for one month, and requested the Public Services Committee prepare recommendations HI~mTES NO. 295 1972 10 STATUS OF HACIENDA DRIVE Even though the redevelopment agency is not legally in effect until 30 days from the adoption of the ordinance, the Chair directed staff present their recommendations to the Council at the time of second reading as to the areas they would recommend be included in the study area. Action Continued AYES: NOES: ABSENT COUNCILI-iEN COUNClLi lEN COUNCILHEN Aramburu, None Becker Fanning, I10tion of Aramburu, seconded by Fanning, ahat deemed to have passed first reading, carried: Littman, Sennett the ordinance be On motion of Fanning, seconded by Aramburu, and there being no objections, reading of the full ordinance was waived and the ordinance was read by title only. ~1r. Vernon Perry advised area cannot be added at a later date, and therefore he would rccoliwend anything potentially involved be included in the study arcao Littman suggested including only those areas that are reasonably likely to be in the study area. Fanning presented to the Council a written report from the Lands and Development Committee. together with an ordinance entitled AN ORDINANCE OF THE CIT7 OF TIBURON DECLARING THE NEED FOR A REDEVELOPlffiNT AGENCY TO Fm~CTION WITHIN THE CITY OF TIBURON m~D DECLARING THE CITY COm~CIL TO BE SAID REDEVELOPMENT AGENCY. REDEVELop~mNT AGENCY Action Ord passed 1st reading IV The Chair requested a status report on Tiburon Boulevard be pre- pared for the Council's review in the next few 't~eeks. BUSINESS OF THE COUNCIL The City I1anager reported he and the City Engineer had attended a meeting with the City, County and State Engineers on the allo- cation of new Federal Aid Urban System money, and Tiburon has been allocated 70 percent of its acquisition costs of the realign- ment. To a question by Mr. Peter Liyers, chairman of the Belvedere- Tiburon Committee for the Environment, the Chair stated the last formal action taken by the Council on the Tiburon Boulevard realignment was approving plans for Tiburon Boulevard in the area of Blackie's Pasture. The City Manager stated the City is soliciting recommendations from different groups for the portion of Tiburon Boulevard extending from Avenida MiraFlores to dmflltown Tiburon There being no objection adopted. ruled the motion unanimously , It was moved by the Chair, seconded by Littman, that it is the sense of the Council that tlley support the dissemination of infor~mation urging senior citizens to take advantage of the impact of AB No. 1 and file for tax refunds for the year 1971-72 of property taxes by 5:00 p.m. on October 16, and that they should avail themselves of forms at th; Marin County Tax Collectors Offices and at the City OfficG~ the Chair The City Hanager stated October 16 is the deadline for filing the request, and informational articles have appeared in papers on the question of legal ownership of Hacienda Drive, how the City can acquire ownership, and what should be done with the street. 12. HOUNT TIBURON UNIT #4 Action: Continued The Director of Community Develo~ent presented for approval the Final Hap for Hount Tiburon Unit No. 4, subject to certain conditions. In response to a question by the Chair, the City Attorney stated if the improvements are in, the applicant would have vested rights and an environmental report would not be required. In response to a question by the Chair, the Director stated all the conditions have not been met: building envelopes are before the Board of Design Review; and the construction of the overlook is before the Board of Design Review and the Parks and Recreation Commission. He would recommend continuing the matter until the conditions have been met. The applicant stated he would not object to a continuance. The Chair directed hte matter continued, to come back at the discretion of staff. 7 CALIFOlli~IA SUPRElffi COURT DECISION RE~ ENVIRONHENTAL CONTROL ACT OF 1970 The City ~lanager presented to the Council recommendations for interim criteria for determination of situations not requiring an environmental impact report. After discussion, it was moved by Littman, seconded by Aramburu, that the Council adopt as an interim criteria for situations not requiring an environmental impact report the following: I Construction of individual single family residences which comply with all ordinance requirements; 2 Interior alterations to existing.buildings; 3 Accessory structures on single-family lots for which structures comply with ordinance requirements; 4 Accessory buildings and structures in major develop- ments, wherein building permits have been issued for more than one-half of the structures within the entire development in accordance with plans that have received all required agency approvals; 5 Demolition of structures in accordance with the pro- visions of the Uniform Building Code; 6 Signs installed in accordance with the sign ordinance requirements; 7 Maintenance and repair of existing buildings and public improvements; 8 Use permits relating to any of the above. t'1 i th respect to all other matters, no permits be issued, no plan or zoning approvals made unless and until the Council determines that the effect of the proposed developm~t or land use upon the environment is trivial ~ an environmental impact report is received and considered by the Council. CITY COUNCIL HINUTES NO 295 October 10, 1972 page 6 Hotion carried AYES: COUNCIUIEH A:t:arnburu Fanning, Littman Sennett NOES: COUNCILHEN None ABSENT: COUN CILlIEN Becker 8. RECOI,n~1ENDATION REGARDING ANNUAL JOB EVALUATION Ai'JD SALARY REVIE~v Littman presented the report of the Public Services Committee regarding annual job evaluation and salary review. On the basis of the report, he moved, seconded by Fanning, that the Council go to the yearly job evaluation and salaries immediately; that it be done in July; and that the first review take into account any inequities which may result from the long period caused by the transition period. On the recommendation of the City Hanager, Sennett offered a substitute motion, seconded by Aramburu, that the review of salary schedules be conducted in January 1973 and again in June of 1973, and annually thereafter. notion failed: AYES: COUNCILIIEN : Aramburu, Sennett NOES: COUNCILHEN: Fanning, Littman ABSENT: COm~CIL~mN: Becker Question was called on the original motion of Littman, and the motion carried: AYES: COUNCILI1EN: Fanning, Littman, Sennett NOES: COUNCILHEN: Aramburu ABSENT: COUNCILHEN : Becker 9. DISCUSSION OF COASTLINE PROTECTION INITIATIVE, PROP. 20 Mr. Pieter Myers presented information to the Council on Proposition 20 and asked the Council to endorse the initiative to protect California's coastline. Littman summarized the proposition and stated it could con- ceivably affT~development in Tiburon as it encompasses land within 1,000 ~ of the water, which ~lould 00~t~ take in most aU of Tiburon. As requested by Aramburu, the Chair directed the matter continued to October 24 in order that more facts may be obtained on the bill. 14. GRANTING OF EASEHENT TO PG&, Action: Res. 476 adopted It was moved by Littman, seconded by Fanning, to adopt Resolution 476 authorizing the granting of an easement deed for conversion of necessary right-of-way to the Pacific Gas and Electric Company. The Chair requested representatives of PG&E be asked to furnish a report on the status of undergrounding poles in Tiburon. At the suggestion of Aramburu, the Chair directed representa- tives from Pacific Telephone and PG&E be asked to attend a council meeting to answer questions regarding the possibility of merging telephone and electrical wires onto one pole along Tiburon Boulevard. Question was called on the motion to adopt Resolution 476, and the motion carried: AYES: COUNCILUEN: Aramburu, Fanning, Littman, Sennett NOES: COUNCILUEN: None ABSENT COUNCILHEN: Becker CITY COUNCIL rlINUTES NO. 295 October 10, 1972 Page 7 11. SETTING DATE FOR JOINT HEETING OF CITY COUNCIL AND PARKS & RECREATION COHi~lISSION The Chair set November 2, 1972, for a joint meeting of the City Council and Parks and Recreation Commission. 13. 3-WAY STOP INTERSECTION AT Action: Res. 477 & 478 adopted HACIENDA DRIVE AND TRESTLE GLEN BOULEVARD Motion of Sennett, seconded by Littman, to adopt Resolution 477 establishing a portion of Trestle Glen intersection as a stop intersection, requiring traffic in the northbound lane of Trestle Glen to stop at Hacienda Drive, carried: AYES: COUNCILNEN: Aramburu, Littman, Sennett NOES: COUNCIL1.1EN: Fanning ABSENT: COUNCILI-1EN: Becker Motion of Littman, seconded by Aramburu, establishing a portion of Trestle Glen intersection as a stop intersection, requiring southbound traffic on Trestle Glen to stop at Hacienda Drive, carried: AYES: COUNCILr"IEN : Aramburu, Littman, Sennett HOES: COUNCILlv1EN: Fanning ABSENT: COUNCIL~mN: Becker VII. REPORTS The Chair accepted the staff reports. 14. FEDERAL AID URBAN SYSTEI1 It was moved by Fanning, seconded by Littman, to adopt Resolution 479 concerning Federal Aid Urban System. There being no objec- tion, the Chair ruled the motion unanimously adopted. 15. Atr1ARD OF BIDS, HAR tllJEST The City Engineer reported on the bids re~eived for the crib wall on Mar West. It was moved by Fanning, seconded by Aramburu, that the Council accept the open face low bidder of Stanton Biggs for $11,512.40. ~lr. Valentine, one of the bidders, spoke against discrepancies in bidding procedures in that Stanton Biggs had not completed Item 3 in the bidding. In response to a question by the Chair, the City Attorney stated these are alternative bids, and the bidder can be considered for the open space work, on which he had bid. Question was called, and the motion carried: AYES: COUNCILHEN: Aramburu, Fanning, Littman, Sennett i~OES : COUNCILNEN: None ABSENT: COUNCILNEN: Becker 16. AWARD OF BIDS, STREET l1AINTENANCE PROGRAJ>1 The City Engineer presented the bidding information on the above project, and recommended the bid go to Bay Slurry Steel Company in the amount of $8,156.89. CITY COUNCIL MINUTES NO. 295 October 10 1972 Page 8 Motion of Littman, seconded by Fanning, to adopt the recommendation of the City Engineer, carried: AYES: COUNCILHEN: Aramburu, Fanning, Littman, Sennett NOES: COUNCILNEN: None ABSENT: COUNCILfmN: Becker VIII. QUESTIONS Painting of City Vehicles At the request of Fanning, the Chair directed staft agendize for the next meeting the matter of painting city V~1~&. IX. ADJOURNHENT It being now the hour of 12:45 a.m., October 10, 1972, and there being no further business to come before the Council, the Chair declared the meeting adjourned to Thursday, October 12, for a joint meeting with the Planning Commission. ~ ,/J ~ ~ BERl' BAI :R, i1anagerjClerk BY THE CITY ON: corrected) CITY COUNCIL MINUTES NO 295 October 10, 1972 Page 9 CITY COUHCIL 'j,'he Chair referred to his direction on October 10 that the ~.linutc Clerk revie\'1 her notes to ascertain if tIle 'Hord Udensities II on page 3, paragrapil I, line 4 of Ilinutes 293 is correct. rrhe Chair stated the :linute Clerk has advised her notes shO':1 the \"lord "densities, U and therefore the minutes stand as \'1ritten 1 iIilU'llES NO 296 October 24 Page 1 1972 ilo. 293 At the request of Fanning, the Chair stated corrections to dinutcs 295 suomitted by ~tiss Anne Ellint'Jood uill be considered at the next meet ins. to give the Council an opportunity to revie\'l the corrections. On motion of Fanning, and there ~eing no objections, the Chair directed ilinutes lJO. 295 of October 10, 1972, approved as corrected (Witil Becker abstaining as he was not present at the meeting) . On page 7, the second paragraph under Item 9, line 3, should be corrected to read: "... "1i thin 1,000 yards of the 'later, \'1hic11 \'lould take in most of Tiburon On page 6, the last paragraph numbered 8, lin.e 6, should be corrected to read: "trivial or an environ- mental impact report is made by the City. Littmm1 corrected llinutes 295 as follot'1s Ho. 295 Becker stated he objects to IIinutes 29t1 in their entirety on the grounds they apparently are the notes from an individual councilman and don't represent the consensus of the Council. '.il~lC Chair stated the City Clerk took the minutes and in his opinion they reflect the discussion of Council; but suggested aecker submit any changes he l:\ight have to the Council for their evaluation. Action Approved as corrected On motion of Fanning, seconded by Littman lunutes 294 of October 5, 1972, approved the Chair directed So 29tl Action Approved III ABSEi~T : EX OFFICIO COUdCIL~lEL1 : rlayor Sennett, Aramburu (7 Fanning, Littman, Sennett i~ one Bert Balmer 1 City lIanager R. L. Kleinert, Ass't City Ilanager Richard Breiner, Deputy City Attorney Jasper C. Strandgaara, Deputy City Engineer Richard Arjo, Dir. of Co~~unity Dev. llaurice D. Lafferty, Chief of Police (9:15) Lt. l'lil~e l1anick, Police Department Louis F. nrunini, Supt. of Public 170rks Hellen !,. Hecht, : iinute Clerk APPROVAL OF ~ iINUTE S PRESENT coUaCILllElJ 52) , Becker , II 'l'he regular meeting of the City Council, City of Tiburon, State of California I \-las called to order by iIayor Albert H. Sennett at 7.43 p.m., October 24, 1972, in the City Hall Council Chambers R0LL CALL CORRECTED MINUTES I CALL TO OnDBR CI'i'Y COUNCIL CITY OF 1IIl3UnOi.~ October Page 2 CITY COUdeIL ilr. Ililler, attorney for the subdivider, spoke for the conver- sion. He stated a subdivision map of a condominium is to be a metes and bounds description of the land itself and is not to s110u the buildings on the land, and therefore the City cannot be held liable if future difficulties occur. ~ ~INU'rES NO 296 24, 1972 Several residents of Harbor Hill and ~larinero i\.partments spoke in opposition to the conversion to condominiums. rl'~tlO residents indicated an interest in the converGion and requested more spe- cific information on tlha.t it ,-/ould entail. In response to a concern by Ilr. Cra~"ford Elder in regard to a leakage in the pipes, tile Chair stated the City ~ngineer uill require a soils and drainage report. LittrJan stated the City is not ~varranting anything in the development and concerns should be taken up uit.h tee seller and not \1ith the City. Referring to Condition 5, Becker urged there be a very clear distinction bet\".Teen the appearance of t1hat the City ~'!ou1d like to see and '~lat is functionally required. Fanning suggested the covenants include the land holding the City harmless from regard to se~ilage, drainage, etc., Hhich City's approval of the subdivision map. a provision to run '-lith any future liability in may result fron the In response to a question by Becker, the Director of Community Development reVie\'led the conditions of the resolution and stated that Items 1 through 4 are requirements and "i:Jo. 5 \"las imposed by the Planning Commission on the grounds that the City nOH has an opportunity to correct conditions created by the Tentative ~lap and can nOH require effective landscaping in this area. In regard to condition 5, Aramburu suggested that such landscaping be brought up to standards acceptable by the Board of Design :t{evieu and then documented by photographing the area, and this be included in the covenants dealing Hi th -the maintenance of the property fj,'hc Chair referred to the five conditions in the resolutions and questioned uhether the Deputy City Z\.ttorney had anything further ,-lith respect to tIle conditions. The Deputy City Attorney stated that in regard to Item 3, the in-lieu figures of $18,900 for Harbor Hill and $16,250 for 7.Iarinero vlere based on the 5 percent computation figure according to the assessed fair market value. He stated Coue Section 14-50 requires the assessment to be 5 percent or tIle value of one and one-half acres per 100 parcels, "lhic~never is greater. Using 1 1/2 acres per 100 units \'lould result in an assessment on I1arinero of approximately $101,000, and a I.luch higher figure for Harbor Hill than presently ShO'ffl in the proposed resolution. The Chair requested the Deputy City Attorney prepare the precise figures and present them to the Council before final votes on the resolutions are made. Littlllan offered a substitute motion, seconded by Becker, that the Council consolidate the hearings on the darbor Hill Condominium "-lith the hearing on the lIarinero Condominium on the grounds they involve common or si~ilar matters. There being no objection, t:le Chair directed both matters be heard at this time and the appropriate resolutions be t~~en up in proper order. It was moved by Becker, tion 480, approving the seconded by Littman, to Tentative dap of Harbor approve Resolu- Hill Condominium 1 2 ..ii1.RliJERO CONDOI:INIUll Res 480, 481, 482 and 483 adopted HAill30R HILL COi\]uO~~INIUf.1 IV. Action DUS IHESf,~ .OF THE COUHCIL , October 24 Page 3 CITY COUdClL '1'11c Deputy City Attorney agreed to prepare a draft to include this in the covenants, conditions and restrictions. ~ ~Ii'1UTES NO 296 1972 It \'laS moved by Li.ttman, seconded ~)y Fanning to amend Paragraph of the resolution to include the statement, Covenants, condi- tions and restrictions shall include a '>larranty by the 0\1ner of the property and the association created under the covenants holding tile City harmless against any liability to any personn by reasons of the approval of the subdivision involved. It was moved by Becker, seconded 0Y Sennett, to adopt Resolution 430 approving tIle Tentative ~lap of Harbor IIill Condominium, as amended by the Deputy City nttorney. 1 In response to a question by the Chair, the Deputy City Attorney stated that the Code gives the Council no choice but to assess the greater of t~le t'uo, and the 1 1/2 -acre formula results in the greater assessmen. The Deputy City Attorney stated that the l'larinero fee based on tee sroJe computation is $101,930040, figure \'Jas given him by the subdivider. condominium and that this The City Attorney stated that the fee for Harbor IIill Hould be $95,681, vlhicn ~;las arrived at by multiplying 1 1/2 acres times the number of units, 54, and dividing by 100', arriving at .81 acres i taking that over tile total acres of approxiraately 3.2 and computing that ratio compared to the assessor's fair mar]~et valuation of $378,000. '.i1ile Chair requested the Deputy City Attorney furnish the appro- priate in-lieu fees to be inserted in tile resolutions, as required by Section 14-50 of the : runicipal Code, and requested formula to be included in the minutes. the A recess 9:15 p.rn 't,'las taken at 9 :05 p.m., ., the roll standing as tile Council reconvening at originally taken. ~ECESS Littuan presented an oral report on a study outlining the number of apartments presently in Tiburon, t~e number under construc- tion, the number of actual and proposed condominiums, and the number of multi-residential units ul1ich can be built in the future In summary, he stated (1) the City's interest in the maintenance of common areas should extend to other matters besides land- scaping, such as parking 'I (2) a number of the i:larinero tenants have not been informed of t~le conversion; (3) in regard to in- lieu fees, the subdivision ordinance provides tile minimum fee is the greater of 5 percent of the assessed fair market value or the value of 1.5 acres of land per 100 parcelsi (4) he uould recommend a study of the general problem of apartment-condominium conversions be undertaken at once, vlith particular attention given to the anticipated effects of reducing the number of apartments available in the City. Addressing limself to the park dedication fee, l.lr. nil1er re- quested the Council consider the Dusiness Professions Code uhiell provides tllat the park dedication fee "las designed for the purpose of permitting a City to relieve itself of the burden placed upon it by neu developments and neu subdivisions. He stated in his opinion conversions to condominiums sllould not be included, and they have a suit pending against the City of Larkspur in this regard. :lr. :Iiller further stated that Section 11546 sets forth that the amowlt and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision, and in his opinion the fee no~'1 being requested is far above the realm of reasonableness Question was called, and the motion to amend carried AY~S: COUl-lClLI1E~\l : AranWuru, Becker, Fanning, Littman, Sennett lJOES ~ COU~J Cl LilliH : aone ABSEi'JT ~ COUdClLU1=:~J : Hone dotion of Becker to d'31ete Condition 5 I installation of exten- sive screen landscaping adjacent to 0uilding sites, to be approved by the Board of uesign Rcvieu, died for lack of a second Becker moved to delete I.cxtensivetl from Condition 5, and substitute "appropriate GcrGen landscaping..il There being no o~jection, the Chair ruled the amendment adopted. In response to a conc;~rn by Li ttnan, t~lP- Deputy City Attorney stated that the Director of Community Development assured that the map sl1o''I15 83 parking spaces, ~;,lhich does r.leet the minimum requirements. In response to a question by Fanning and members of the audience, the Chair stated that the City Attorney previously advised the Council that the IIammotj,l Case does not apply. The Deputy City l\ttorney agreed wi th the City l'~ttorney' s conclusion. Question \'las called on -the motion to adopt Resolution 480, as arllended, and the motion carried: AYES: COUHCILllEN: Becker, Fanning, Littman, Sennett NOES: COUNCILllEiJ: Aramburu ABSEHT: COUj,JClL: lEU : i.J one On motion of Littman, seconded by Becker, and there being no objection, tile Chair ruled all changes made in the 'llentati ve i-Iap \'lill nOt'] appear in the Final ilap as \-lello It was moved by Littman, seconded by Becker, to adopt I{esolution 481 approving the Final .:lap of t!1e Har~or Hill Condo..' minium, "olith the similar amendr,ent'3 made to Resolution 480. I lotion carried: l\.YBS; COUl~CILl1E~J ~ Becker, Fanning, Littman, Sennett HOES: COU1~CILi1EH : .~ or ambu1::"u ABSEHT= COUi1CIL.~~N : None It was moved by Aramburu, seconded by Fanning, to adopt Resolution 482 approving the ':i.1entat.ive I.lap of :.larinero Condo- minium, \lith the same amendments to paragraph 1 and 5 of this resolution as \"lere adopted vlitl1 respect to the Harbor nill reso- lution. It was moved by Littman, seconded by Fanning, that the amendment made to paragrapll 1 of the I1arbor Hill Resolution be included in Harinero r:.esolution rJo. 482; that the figure in Condition 3 be changed to $101,930.40; and that paragraph 5 remain as sho\m in the resolution draft dated 10/24/72. Question was called, and the motion to amend carried: AYES: COUi-JClLI1Ej:~ : A~:anburu 1 Becker, Fanning, Littman, Sennett NOES: COUi-JCILHE~J : Hone ABSENT: COUNCILI!EN : Hone llotion of Becker to 2.mend Condition 5 to read :/install appro- priate landscaping to be approved by the Director of Community Development Ii died for lack of a second. CI'llY COU~JCII.J I-lINUTES NO 296 October 24, 1972 Page 4 CITY COUiJCIL It \'las moved by Littman, seconded by Sennett, pending the adoption of amendments to the 'riburon General Plan, the rlliburon Zoning Ordinance anti t!lC Ti!)uron Subdivision Ordinance I no appli- cation for conversion of apartments to condominiums shall be processed by the City save and except those as to Hhic:i.l an appli- cation has already been filed; and as to those ~;ll1ich have been filed, they shall be deter~line<l 0y the City Council in accord- ance vii t~1 existing zoning ordinances and subdivision ordinances lIi~UTBS HO 296 October 24 Page 5 1972 It \'las moved 'uy Littman, seconded by Decker, to amend tile resolu- tion by adding after hthe r.eiburon Zoning Ordinance,.i tile words II and. the Subdivision Ordinance. 11 rl'~lere ~)eing no obj ection, the Chair directed the motion to amend unanimously adopted. l~YLS ; aOES: A.aSBJ:J'll COlLJClLI lEJ.J COUdCIL11EN COU~JC lLi lli..J ;Jccker, Littman llrar.lburu, Fanning, i~one Sennett Question Litbnan stated in t.O direct hOi;l the comprised. t'las called his opinion it is not up residential character of and t~e motion failed to the City Council the city should be It uas moved by Littman, seconded by Becker, to amend the resolution by deleting in the first. '~JHEREAS clause, [, and to provide for an appropriate inix in the residential community of the City 'I \; l:..YES : l.JOES : lwSEiJ'r COUiJCILilE.I.~ COUJ:'l C I LURJ. J COUdCILUEiJ Becker, Fanning, Littman Aramburu, Sennett 1~ one It t/as moved lJY Littman, seconded ~)y Fanning, to amend the resolution by deleting the ~'lord ljestablislunent:l and substituting the Hords II conversion of apartments to condominiums" Hherever the present Harding lIestablishment of condorniniumsll occurs. Question Vlas called and the motion carried;; i.ir. Paul Schmidt, O'\'lner of apartments at 2 Lyford Drive, asked that his property be excluded from the moratorium in that an application has already been filed for the conversion, and all the tenants are in favor of condoniniums. i-.ir. John lIoffmire requested permission to continue ~liel tlleir plans for condomini- Ui11S at llarinero Heights. lIr. lJathan Jones of Deak and Company spoke against the !lloratorium on the basis it "-lould adversely affect property they intend to develop as condominiums. It uas moved by Becker, seconded ~JY Aramburu, to adopt Resolution 484, A PJ::;SOLUTIOIJ OF THE CITY COUlJCIL OF THE CIrry OF TIBUROH OF ITS Il-JTEiJTIOiJ TO AilEHD THE BOUSIdG ELE: illi.J':C OF THE r.cIBUROH GENERL"\L PLl\..iI AHD THE 'llIBUROiJ ZOdIiJG OrilllH&JCE. PLAdHIHG CO;'ZlISSIOi:-J HECOi[lElJDATIONS FOn ~lOl~"\TORI\.LI OlJ COi~DOl1Ii\JIUi,l COL'JVr:~~SIOiJS G i\YES: dOl;S: jillSElJrl1 COUdCILi.iEH COUiJCILi.lEj>l COUdCILl. illlJ .Becker, Aramburu ~,Jone Action Res 434 adopted Fanning It uas moved by Becker, seconded by Li ttrnan, to adopt l1esolution 483 approving tllC Final ~lap of Iiarinero Condominiums amended to conform \'lith Resolution 4~2 lotion carried: , Littman Sennett , AYES~ i.JOi:S ~ ABSENT COUdCILI lEd COUHCILl.illlJ COUdelLl IEH Becker, Aranwuru i~ one Question amended, Fanning was called on the motion to adopt and the motion carried: Littman Resolution , Sennett 482 as October 24, Page G 1\Yr:::S~ dOES;; A13SE;.JT CITY COUdeIL COUi.JCILllE~1 COU1.~CILI lEi.J CQUNCILdE!.J AramlJuru Littman i~Olle l IIi'IU/rES HO 29G 1972 Question carried; BccJ~er , Fanning Sennett Has called dyers spo]~e in support of the and the motion to ado}?t Resolution 485 ~r Lit.cman objected to the initiative in that it specifically includes lane: l, 000 yards in from t~le shores and \10uld therefore include most of ~iburon Pieter initiative i~rarnburu urged tile resolution be adopted and presented to the Council for their revieu a letter ~le received from George II. ilurphy, legislative counsel, setting forth that tIle initiative would not include any land area around San Francisco Bay. Aramburu stated the last paragraph of the initiative allo';-1s for the amendment of the plan by a t".,o-thirds vote of the Legislature It 485 20) Has moved by Aramburu, seconded oy Becker, to adopt Resolution supporting the California Coastline Initiative (Proposition RECOLL. lEd DA1i1 IOi..J LIi'.JE PHOTEC'l'IOH REGl\RDldG COAST- IHITIATIVE 4 AYES:.: dO~S. A:JSI:;dr.1' COUlJCIL: illlJ COUl.JCILllE..J COU~.JCILilEl.1 l\ramburu None l'Jone .l\ction Res 485 adopted Becl:er It \'las moved by Becker, seconded by Aranburu, to deny the clair..1 for damages submi tted ~:>y tIle attorney for 2\lfred P. and Loretta Biricil, 1300 Centro ~rest Street, Tiburon, and that the claim be for\'1arded to the City' s insurance carrier. I lotion carried: , Panning Li ttman , Sennett 7 CLAI: 1 There being no objection, the Chair directed the Director of Conu-.lunity Development to request the Planning Commission to re- evaluate the foruula used for computing in-lieu fees and report back their reconunendations as to \'ll1ether any amendments should be made in this regard 0 Fon Dili1l\GES R"\COOH LluJE Action Claim denied AYl;S~ i'JOES~ iU3sr:;i~rr COUiiCIL:.1E~J COUdCILl-iEi.J COUdCIL4 ill~l Ar ariIDuru Littnan iJone Question amended, Becker was called on the motion to adopt and tile motion carried; Fanning , Sennett AYES: ...J0:88 ~ l\l3SBi.JT COUdCILi iEi.J COUi.JCILI ili~'J COUiJCILI iLd Becker, Littnan Armaburu, Fanning, !.Jone i1esolution 484 Sennett as It ~'las moved by Li ttraan, seconded by Becker, to include an amend- ment that Resolu"tion 484 shall expire six months from today, October 24, 1972. ~~otion failed: 'l.lhe Chair directed the title of tllC resolution to confonn "lith tIle amendment, and to include .1tl1e Tiburon General Plan, the 'liburon Zoning Ordinance, and the Subdivision Ordinance. II AYI.;S:: i.JOES : A13SEl.JT COUdeIL. lEd COUIJCIL~.lEd COUJ.\ICIL..l"';j] Aramburu Decker i~ one -lues "tion uas called , and tile Fanning, T.lotion carried Littman Sennett October Page 7 CI'fY COU~~CIL Becker inuicated his objection to redevelo~ment agencies because of his extensive contact \'1i b~ tl1ef'1, and stated in his opinion there is nothing in tlle redevelopment agency that couldn I t 0e accom- plished uitilout such an agency. lIiJU~lr::S ao 296 2~ 1972 l\ramburu suggested the Council go on record as indicating its willingness to investigate the possibility of diverting so~c of the funds to the Sc:).ool District 0 Fanning stated ar 0 Giovanniello' s letter of concern came from him in his capacity as president of the :larin Association of School Administrators and not as super- intendent of the l~eec1 School District. He stated the property in question is of little value to the need School District. :~otion of Becker to table t~1e It uas moved by Fanning, seconded by Aramburu, that Ordinance lOG J.S. be considered to have passed second reading and be adopted. matter died for lack of a second On I~lotion of Fanning 1 seconded by Li ttman, objection, ti1e Cllair ruled full reading of anu .the ordinance \Vas read by title only. and there being no the ordinance '\IJai ved An ordinance entitled 1\iJ ORDIHAiJC~ OF TIlE CITY OF TIDURON DECLl'~R- IiJG 'rIlE l~EED Fall A HEDEVELOPj.d~i~'.C AGEHCY TO FUdCTIOd IiJ TdE CITY OF TIBUROi~ AdD DECLARING TIlE CITY CaDi-JCIL TO BE SAID REDEVELOP~IElJT AGBclCY, having passed first reading came on for second reading and adoption 3 HEDEVELOPdEHT AYES~ ..JOES: ABSE..~T l\GE1~CY COU1JCILllEiJ COUJ.,JCILi illi-J COUiJCIL~lEL~ Aramburu l.-J one ~!one nction Qrd lOG d.S adopted On motion of uas adopted: Decker , Fanning Lit tIll an Sennett Decker seconded by Fanning, TIegister of Claims 93 rJ.:;GISTE~~ OF CLAI: is :.JO 93 The Chair directed t:le Cash Flo\'! report received CASH 'llhe Chair directed the police report 1.>e recei vecl. In response to Fanning I s request, the Chief of Police agreed to shot1 compari- tive figures on future reports sU!Jmi ttec1 to the Council. FLO I, August POLICE AYBS: l.JOES: llli5lrAIH ADSEHT: REPOI('r COU~~CIL; illil : COUilCILi lli;'J ;: COU~JCIL~1EiJ : COUi.JCIL~.Ed ~ Ar anlburu Fanning Lit traan l.Jone llotion of Becker, tions of the City carried: Becker seconded by Aramburu, to adopt the Ilanagcr in ~lis memo of October 24, , Sennett reconunenda- 1972, Fanning expressed his objections to changing the Tiburon color SCilerJe from t\"lo-tone beige and Hhi te to all \'Jhite, and referred to the large nUmDer of 'crhite cars presently on the road, ,-,hich ,"]ould not make the police cars very distinctive. Chief of .c ianager · s that all vehicles Police Lafferty presented to report of October 24, 1972, white color be approved for use on the Council the City Hith the recommendation the police patrol 5 HECO~ lJ>1Ei~DAT I OHS REGARDING SAFETY DESIGiJ OF POLICE P1-\.TROL UdITS Question was called, and the motion to adopt Ordinance 106 N.S carried: AYES: COUNCIL11Ei\I : Aramburu, Fanning, Lit~~an, Sennett NOES: COUNCILr.1EN: Becker ABSENT: COUNCIL~IEN : None The Chair invited each Councilman to address the Planning Com- mission individually, either in w~iting or in person, in regard to this matter.. There being no objection, the Chair directed this matter agendize for November 27, at which time the Council will consider the boundaries of the survey area to be included in the redevelopment agency.. V.. ITEHS NOT ON THE AGENDA Award of Bid, f.1ain Stree.t Repairs It was moved by Becker, seconded by Aramburu, to approve the City Engineer's recommendation that the low bid of $7,569 from HTora & Ghillotti be accepted. Hotion carried: AYES: COUNCILNEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILNEN: None ABSENT: COUNCILIIEN: None Reedlands Unit it4 Development Aramburu referred to a letter he had written to the Board of Super- visors concerning development of Reedlands Unit #4 and requested that the Planning Director confer \"lith the County in preparing the Environmental Impact Study for this development. The Chair concurred with the request. Drainage Fees Ordinance In response to a qU.t:C.::.ion by the Chair, the City Hanager stated he is conferring 'uith t:hc City Engineer in this matter and it will be agendized in the near future. Mud Slide, Little Reed Heights In response to a question by the Chair, the City Hanager stated the City Engineer has conferred ~vith the contractor and repair work is in process to make the necessary improvements with the change in the size of the drainage to be left for later depend- ing on future determination as to whether or not the present drainage pipe is adequate. Cleanup Day, Tiburon Bike Trail The Chair expressed the appreciation of the Council for the success- ful cleanup by volunteers of the Tiburon bike trail and the adjacent beach area 0 Letter of Thanks Gene. The Chair read a letter from ~ Barry dated October 6 thanking the City of T~~b'.lron for their cooperation in the filming of "The Second Coming of Susanll in downtown Tiburon. Solid Waste I1anagement Disposal Committee Aramburu stated he is a member of the ad hoc committee appointed by the Hayors and Councilmen on solid \."aste management. CITY COUNCIL MINUTES NO 296 October 24, 1972 Page 8 VI ADJOURNNENT - It being not'l1 the hour of 11: 37 p.m., and there being no further business to come before the Council, the Chair declared the meeting adjourned to Thursday, October 26, 1972. zL ~ BERT B HER, ty Manager/Clerk APPROVED BY THE CITY COUNCIL ON: November 13th CITY COUNCIL MINUTES NO. 296 October 24, 1972 Page 9 CITY COU!!C IL MINUTES NO 298 October 26 1972 December 11th A PPROVED BY THE CITY COUNCIL ON BERT a<, BALMER //J:L L~L'- City Manager/Clerk It now being the hour of 1.0:2n p.o. business to come before th~ CClt:::~ci.1 sine die r'~ to!:.~.r 26, 1972, and there being no further tLe ch~ir dec~ared the meeting adjourned The Mayor explained his procedure for open space acquisition and directed the Planning Commission and Park end Recr~ation Commission to submit their joint recommendation on priority l~nds to t~ ~~~~tired to the City Council as soon as possible. The Mayor requested the Planning C~ission to take action as soon as possible on reviewing R-3 zoning and establishing development standards for condominiums. They were also requested to recommend st~ndards for community landscaping. Current projects now before the Planning Commission were discussed. These include design review, height limit changes, reorganization of the boards of design review, height limit changes, reorganization of the boards of design review and adjustment, and coamunity landscaping. A general review of Tiburon' s planning needs was made. It was agreed that top prior- ities in work scheduling was completion and adoption of the open space alement, followed by revision of the general plan and the zoning and subdivision ordinances. It was concluded that preparation of the mandatory elements of the general plan that are now required could be done in-ho~se by the present staff. 111. Bert lk,1.1mer, Rich~rd Arjo, BUSINESS OF Ci ty Me.nager Director of Community THE COUNCIL Development EX OFFICIO PRESENT: A BSBNT: COUNCIUlEN COIMIS S lONERS COUNCILMEN COMMISSIONERS Ms.yor Se,nnctt, Chs. i r.tn3 n Kuhn, Beckar, L1 t tm~.n Parnell, Ross Dole Lramburu, Fanning B~..ssett, Wayne J Matthews II. A special joint meeting of the City Council and the Planning Commission, City of Tiburon, State of California, was called to order by Mayor Albert H. Sennett at 8:00 p.m., October 26, 1912, in the City Hall Council Chambers. ROLl... CALL I. CA.LL CITY COUNCIL CITY OF TIBURON TO ORDER November 2 Page 1. , 1972 CITY COUNCIL The Community and Cultural Activities Committee stated their endeavors have been primarily that of joint ~]ponsorship in the Landmarks Society concerts, the Richardson Bay Shoreline and Bicycle Path clean-ups and the Natural Science series of "Nalks and Talks." r-1INUTES NO 297 The Commission indicated its desire to formulate a general plan in regard to the recreational goals and needs of the City, and considera- tion of a full-time recreational staff member or director in the 1973-74 City budget. The Recreational and Use Committee reviewed past and future projects it has been involved in, such as: tennis courts, little league, after school recreation programs, soccer program, and a questionnaire which will be distributed to all Tiburon residents in order to determine the needs of the community A large City map was considered which would indicate various informa- tion and comments regarding each individual lot in the City. This map would be continually updated with information, and a proposed develop- ment in the City could then be compared to the map and any notations regarding the particular lot or area considered by staff. The Paths and Lanes Committee stated there has not been much progress in the acquisition and maintenance of certain- priority lanes and paths as previously recommended by the Commission. Council requested staff agendize its recommendations regarding an acquisition policy for lanes and paths in the City, and likewise submit a status report concerning the Paradise Drive Nalkway proposal. The Open Space and Parks Committee reviewed their primary areas of interest which consisted of Open Space Acquisition and Preservation, the Richardson Bay Lineal Park Master Plan, the Reed School Park acquisition and development, and mini-park locations and imple~enta- tion. Council suggested the Commission establish a working relation with the Belvedere Parks & Recreation Commission on those areas of mutual concern such as open space acquisition and the Richardson Bay Lineal Park. Staff was instrt~~ted by Council to inquire and sub- mit applications for possible State or Federal Open Space matching funds. The Commission outlined its recent reorganization and the establish- ment of the following four Commission Subcommittees: (1) Parks & Open Space, (2) Paths and Lanes, (3) Recreational Facilities and Use and (4) Community and Cultural Activities. , III BUSINESS OF THE Bert Balmer, City Manager R. L. Kleinert, Ass't. City COUNCIL & CO~~ISSION r1anager EX OFFICIO ABSENT COMr.1ISSIONERS Tayer, Arnold ~vilson, Gray Knight , O'Neill (8:40 p.m , . ) PRESENT PRESENT ABSENT: . . CO~1r-11 S S lONE RS COUNCILr1EN COUNCIL!.mN Mayor Sennett, Aramburu Becker, Lit.tman Pickett , , Fanning II The adjourned meeting of the City Council, City of Tiburon, State of California, was called to order by rlayor Albert H. Sennett at 8:10 p.m., November 2, 1972, in the City Hall Council Chambers. This meeting being a joint meeting of ~:he Tiburon City Council and the Parks & Recreation Commission ROLL CALL I CALL TO ORDER CITY COUNCIL CITY OF TIBURON The Commission noted the need in the Tiburon community of a small, multi-purpose facility for concerts and cultural activities. The Richardson Bay Lineal Park Master Plan may provide such an area, possibly in Blackie's Pasture, which could be considered for such a facility. Council inquired as to the possibility of establishing a city-wide landscaping program and committee which would involve neighborhood participation and receive input from the property owners' associations. The City would provide the naturLI landscaping services for the program Council requested staff submit a recommendation or status report concerning the Stone Tower Easement on a future agenda, and that a letter be sent by the Mayor to the downtown property owners and mer- chants concerning their participation in a downtown beautification program. IV. ADJOURNr1ENT It now being the hour of 10:45 p.m. and no further business to come before the Council, the Chair declared the joint meeting of the City Council and Parks & Recreation Commission adjourned sine die. ~ / ~ - BERT BALMER, L ty ~'1anager/Clerk APPROVED BY THE CITY COUNCIL ON: / , 1972 ~ iburon CITY COUNCIL MINUTES NO 297 November 2 1972 Page 2. November 13, Page 1 CITY COUNCIL An ordinance entitled AN INTERIH ORDINAi~CE OF THE CITY OF TIBURON EXTENDING ORDINANCE l~O. 82 N. S. AS AHENDED BY ORDINA:i.~CE NO. 87 N. S. , came on for first reading and adoption. HINUTES NO 299 1972 ~ EXTENSION OF OPEN SPACE The Chair stated since he is a member of the Belvedere Tennis Club, when this matter is back on the agenda he will not participate in its discussion. UORATORIUH Action Ord passed 1st reading BELVEDERE TENNIS CLUB R-l TO P The Chair stated Item applicant. 1 has been continued at the request of the l REZONING Action Continued IV. On motion of Fanning, seconded by Aramburu, and objection, Minutes No. 297 of November 2, 1972, with Becker abstaining. BUSINESS OF THE COUNCIL there being no were approved, No 297 There being no further corrections, the Chair directed of October 24, 1972, approved as corrected. Action Approved Aramburu requested the name on corrected to read "~Barry. r1inutes 296 " The spelling of the name of the contractor on page 8, the first item under Noc V, should be corrected to read "l.laggiora. If page 8 under Letter of Thanks be On page 8, the first roll l1ayor Sennett's Aye vote. On page 2, paragraph 3 to read "per 100 units call should include line 8 rather should be corrected than "100 parcels." , II Fanning requested the following corrections to r1inutes 296: lio 296 Action Approved as corrected ABSEl~T : EX OFFICIO . . III IlIlayor Sennett, Littman None Bert Balmer, City Hanaqer R. L. Kleinert, Ass't City HBnager Robert I. Conn, City Attorney Stanley Bala, City Engineer Richard Arjo, Dir., of Community Development Haurice D. Lafferty, Chief of Police Louis F. Brunini, Supt. of Public ~lorks Hellen K. Hecht, ainute Clerk APPROVAL OF HINUTES COUNCILHEN: PRESEl'lT COUNCILHEN Aramburu , Becker, Fanning , II The regular meeting of ~le City Council, City of Tiburon, State of California, was called to order by Mayor Albert H. Sennett at 7:45 p.m., November 13, 1972, in the City Hall Council Chambers. !'1LL CALL I CORRECTED MINUTES CALL TO ORDER CITY COUNCIL CITY OF TIBURON On motion of Fanning, seconded by Aramburu, and there being no objec- tion, reading of the full ordinance was ,.,aived and the ordinance ,.,as read by title only. \. It was moved by Fanning, seconded by Aramburu, that the ordinance be deemed to have passed first reading. The Chair declared the public hearing opened. Hr. Irving iloulin stated his three lots in Unit 3 are included in the map prepared by William3 and Mocine, and he requested they be excluded, in accordance Witll an amendment to the original mora- torium ordinance adopted by the Council on April 10 excluding his properties. The City llanager stated the lots that were excluded in the moratorium are still excluded Wi~l the proposed ordinance from the moratorium area. They may be included in the Williams and l10cine Plan, but this is a matter of initial study by the Planning Conunission. The Chair recommended to Hr. 110ulin that he request the Planning Commission exclude these lots from the study area, and noted they are not included in the moratorium. In response to a question by Littman, the City Attorney stated the ordinance extending the moratorium would incorporate the use permit provisions of the original ordinance. Mr. Littman requested the minutes re- flect the Open Space Element is separate from the moratorium ordir t~d as yet has It' b L' t h no lega e ect. n response 0 a quest~on y 1 tman, t e Director of Community Development stated Williams and Mocine prepared a preliminary open space plan which was adopted by the Planning Commission as a working guide and their plan is separate from the moratorium ordi- nance. Question was called, and the motion that the ordinance pass first reading, carried: AYES: COUNCILHEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILr.1EN : None The Chair announced a public heari.!:.g is tentatively scheduled by the Planning Commission on the ~~illiams and Mocine Study for November 30 at the Del 14ar School. Brs. Polly Smith reported ,4{i';'".:)1-' the Council that the citizens of the Tiburon Peninsula had voted 69 percent in favor of Measure A for open space. The Chair advised he has urged Supervisor Wornum to request the County give high priority for open space expenditures to areas contiguous to Tiburon's open space areas, and that the County move very quickly in this regard. V. PUBLIC QUESTIONS M~D CO~~NTS The Chair stated he has appointed Hrs. Ann Watson and Hr. Richard Sprague as Tiburon's representatives to the Marin County Human Rights Commission. IV. BUSINESS OF THE com~CIL 3. ZONING ORDINANCE AMENDl1ENT REGARDING Action: Continued rmASURElmNT OF BUILDING HEIGHTS AND DEFINITION OF GRADE An ordinance entitled M~ ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO. 9 N.S. (THE ZONING ORDINAL~CE) BY REVISING HEIGHT REGULATIONS, came on for introduction and first reading. CITY COUNCIL H:;'"NUTES NO. 299 November 13, 1972 Page 2 November 13, Page 3 Clr}~~ conNC!!.. l1INUTES NO 299 1972 The Chair declared the It was moved by Fanning, seconded by Aramburu be deemed to h~ve passed first reading. public hearing opened On motion of Aramhllru, seconded by Fanning ordinance was waived ~nd the ordinance was , reading of the full read by title only. that the ordinance , Aramburu referred to complaint3 received from citizens about private vans on public proper~y and tl1e lack of an ordinance to prohibi t this. He r(~corrr'-(l~nded deleting the three-day restriction Motion of Becker to In response to diacu.~c~~on t"J the Council, Fanning stated it was never the intent of the I.2.:L;a.s <-,.rid D(~-:."elor;.~....r;~j,t Conunittee to prohibit children from sleeping in the:1-J: b~(::~: ~"c.rds, but it was their desire to stop the camping vehiclo:;:; nnd trailers frc:n parking along Tiburon Boule- vard, Blackie' s Past'P.rc, and c.tr.l.c::: areas in the City. The Chair stated Council had rcc:~ived carr.plaints that people \-lere camping on private property on t.hG zi.:lges, and it 't'las also felt an ordinance was needed to cent.rol this problem. table this matter died for lack of a second The City Nanagcr indicr~~.cc1 h~.f1 ob~j :?~+-.ions to Section h II of the proposed ordin()~1c:J, ~lnd rc-:~,r'.roirL~-":~1ded a property owner be allowed to do what he \'1ir:hc.:; 0:.1 b.,:Li: pt'Opc:':ty an long. as he complies \'1i th the fire and sanit2.~:-Y O:::-J.:'i:1;-:_nC(::. An ordinance c~titlcd AN ORDINru~CE OF THE CITY OF TIBURON ~mNDING SECTION 27 OF ORDINANCE NO.9 N.S., THE ZONING ORDINANCE, BY REGULATING CAHPING HITHIN THE CITY, ca::ne on for first reading, having been revised by th:~ Planr~ing Commission in accordance with the recommendations of 'the L"-nas and Development Committee ZONING ORDINANCE AI'ffiNDHENT REGULATING C~14?ING Referred to Lands & Dev., to report at next meeting 4 Action The Chair indicated the Council's approval of the contents of the ordinance, but bccau~e it only eddresses itself to definitions and not to a major problem in Tiburon of controlling heights of buildings constructed on steep slopcn, he is directing this matter continued, to be brought b~ck ~1ith the recommendations of the Planning Com- mission pertaining to design review and overall height limitations for buildings. Becker spoke in favor of the Council's passing the proposed amend- ment tonight revising definitions and taking up the height amend- ment at a subsequent time. Fanning stated he would prl.:.:fcr the covering all ch.;rvj~~~3 J:(~the'1: l:L~"'.n n adopted. Councll consider one ordinance ::Jumbcr of amendments being Fanning questionod how the proposed ordinance would apply in situa- tions \'there a house is buil-;'-: on the natural contour of a steep slope. He stated the proposed am()ndm(~:L1t ~vould not stop 50-foot houses from being built on stc~p slopes. The Director responded amendments to correct deficienci8s in the o1:.dina....~cc to eliminate this concern are now before the Planni:':!.g Co:nmi[.;ion, and the ordinance before the Council addrcs'3es :i.t~_:clf to red3fining definitions of "grade" and "height of buildi~1g. u The Director of Cc~munity Development presented sketches to the Council depicting building situations and how they would be affected by the proposed ordinance. Littman moved, seconded by Fanning, to amend the ordinance as follows: Strike the \iords "Except in a permanent campground for organized camping provided and authorized by a public agency;" strike the word "tent"; strike the words, II nor out of doors.1I Add a new paragraph, which would provide that'ho person shall camp or sleep out of doers on either private or public property without the express consent of the property owner; and provided further that no person other than one in the immediate family of the propeLty owner shall be given such permission for more than three days in anyone calendar t-leek. n Becker stated he is opposed to this ordinance as in his opinion it is a "behavior" code. Fanning questioned whether a misdemeanor is the proper penalty for violating the ordinance, and suggested "infraction of the law" be substituted for "misdemeanor." The City Attorney concurred with the suggestion, but stated any major changes to the ordinance would necessitate its going back to the Planning Commission. ilotion of Becker to table the matter died for lack of a second. Becker stated in his opinion the ordinance is unenforceable Question was called on the motion to amend the ordinance, and the motion carried: AYES: COUNCILHEN: Becker, Fanning, Littman NOES: COUNCILHEN: Aramburu, Sennett ABSENT: COUNCILHEN: None After discussion by the Council, i~: '~as moved by Littman, seconded by Aramburu, to refer the ordinance back to the Planning Commission to see if they can work out the problems of the family a little better. At the request of Fanning, with the consent of Aramburu, Littman amended his motion to direct that the ordinance be referred to the Lands and Development Committee before it goes to the Planning Commission. The Chair stated if there is no objection he will direct this matter referred to the Lands and Development Committee for a report, to be returned in two weeks. Becker objected to the direction of the Chair and requested a vote be taken to indicate his objection to the ordinance. He stated he does not want the record to show he favors the ordinance and he voted for the amendment merely to encumber an ordinance he considers as being unworlcable. After discussion by the Council on the proper procedure, with the consent of Aramburu, Littman withdrew his previous motion and moved, seconded by Aramburu, that the proposed amendments be referred to the Lands and Development Committee, to report back to the next Council meeting. Question was called, and the motion carried: AYES: COUNCILNEN: Aramburu, Fanning, Littman, Sennett NOES: COUNCILUEN: Becker ABSENT COUNCILMEN: None CITY COUNCIL MINUTES NO 299 November 13, 1972 Page 4 The Chair directed the matter agendized for the next Council meeting. S. HACIENDA DRIVE STATUS REPORT Action: To Pub. Svc. Corom, to return in one month Becker stated the City Attorney has not furnished a report to the Public Services Committee in this matter. The City Attorney advised there has been no further action in this matter since their previous report that there had been no dedication of Hacienda Drive to the City. The Assistant City Hanager reported the City has written the o~mers of the property about dedication but have received no response. He stated the title report received in riarch 1972 indicated there were some liens encumbering the property which amounted to $500 or $600. in response to a question by the Chair, the City Attorney stated the City does have the power of condemnation in this matter. The Chair directed the Public Services Committee to prepare a report for the Council on (1) what portions of Hacienda Drive, if any, should become part of the select street system; (2) by what mechanisms tilis might become effective; (3) \flhat public funds, if any, should be expended to upgrade that portion of the street from the convalescent hospital to ~qarner and Benton Courts. The Assistant City 11anager stated the City Engineer has examined this area and estimated the cost of $7,200 to bring that portion of the street up to city standards. To install a sidewalk or pathway would cost another $2,000. The Chair directed this matter be returned to the agenda in a month with the report of the Public Services Committee and staff. 6. OPEN SPACE BONDS Action: Res. 486 adoptedi auth. expenditure of funds The City r1anager preGented to the Council a resolution for the issuance of $1,250,000 in Tiburon Open ?pace bonds and the Official Statement they prepared. Motion of Fanning, seconded by Aramburu, to adopt Resolution 486, carried: AYES: COUNCILMEN: Ararnburu, Becker, Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILHEN: None Mr. Vernon Perry addressed the Council and reported on the action taken by Dean Witter in this matter. He stated they have requested an ''It'rating for the bonds, and the only drawback is the fact that Tiburon has a population of less than 10,000; but because there are no outstanding debts against the City, they may be able to obtain the itA" rating for the bonds. He stated they have submitted the bonds to Moody's in New York for the rating. He asked the Council's approval of $1800 for the printing on the bonds, which he considers a low estimate. It was moved by Fanning, seconded by Aramburu, that the Council accept and approve the Official Statement as prepared by John H. Hartin, Dean Witter and Co., dated November 9, 1972. CITY COUNCIL HINUTES NO. 299 November 13, 1972 Page 5 November 13, Page 6 CITY COUNCIL The City Manager presented a resolution for the City Council to support Senate Bill 1261, which establishes continuing appropria- tions to fund library systems. He stated the riarin County Librarian has requested Marin County cities to endorse this resolution and forward it to the Governor r.1INUTES NO 299 1972 NORTH SYSTEN 8 AYES: NOES: ABSENT BAY COOPERATIVE LIBRARY COUNCILllEN COUNCILHEN COUHCILHEN Aramburu None None Action Res 488 adopted Becker, Fanning , Littman , Sennett Question was called Becker reported on a police community panel discussion he attended wherein harbor safety was discussed. It was the opinion that harbor safety would most likely be accomplished through the use of auxiliary police, and it was recommended resolutions of this nature be adopted by the various cities in order to attract and hold auxiliary personnel. Sennett questioned the possibilities of a reserve unit which would include a motorcycle corps for patroling the hills. and the motion to adopt Resolution 487 , carried It \'las moved by tion 487. Panning The City l1anager presented a resolution declaring police reserve officers to be employees of the City of Tiburon for the purpose of receiving t"Jorkmen' s Compensati.on benefits. He stated they intend to have five reserve police offi~ers, and he would recommend the resolution be adopted to cover ~hem under workmen's compensation while they are working with the Police Department. , seconded by Ara~uru to adopt Resolu- tvORKl1EN'S COHPENSATION FOR POLICE RESERVE 7 INSURANCE There being no objection, for the rating service be Action the Chair directed that the $600 expended from City funds. Res 487 adopted Mr. Perry advised service of bonds. required Hoody There being no objection, the Chair directed the City Manager to approve issuance of a draft up to $1800 for the printing service described by Hr. Perry. 's has a minimum charge of $600 for rating In response to a question by the Chair, Hr. $1800 is the lowest figure that he believes for the bond printing. Vernon Perry stated would be practical A recess ''las taken at 9 p.m., the roll standing :15 p.m., the Council as originally taken. reconvening at 9 :28 AYES: NOES: ABSENT . . COUNCILI:lEN: COUNCILilEN: COUNCILriEN: RECESS Aramburu None None Becker , Fanning, Littman , Sennett ~lr. Perry advised the last meeting prior to the opening of the bids on the bonds should be adjourned to the evening or afternoon of the date of the sale of the bonds. The bonds will be opened for bid at 11:00 a.m., Nove~ber-29 1972 and the Council has 2~ hours to accept or reject the bid. Question was called and the motion to accept the statement carried: November 13, Page 7 CITY COUNCII, In response to a question by Aramburu, the City Attorney stated the estimated cost in the ordinance is for the purpose of setting forth a summary which is contemplated by Section 11543.5 which authorizes that the City may require the payment of a fee as a con- dition of approval of a Final Subdivision !lap for purposes of defraying the actual or estimated costs of constructing planned drainage facilities. In response to a question by Fanning, he stated Section l4A-5 provides in the event future determination requires an assessment district to be formed, the City shall deliver to the applicable district all unexpended monies it collected. In the event the assessment exceeds the amount of the fees paid, property which has already been assessed is liable for an addi- tional amount; if the assessment is less than the fees paid, there shall be a refund of the overpayment. HINUTES NO 299 1972 In response to a question by Littman, the City [1anager stated it is up to Belvedere how they fund their share of the drainage project, and their share is outlined in the Rudis report. He stated if this ordinance is passed, collecting fees on undeveloped lands will be a means for financing part of this project. The remainder of the funds can come from an assessment district or from a five-year capital project program. The City Engineer stated no other city makes a differentiation in this regard, and it would be difficult to determine a fair rate. Littman referred to R-3 development wherein there might be 12 units per acre. He questioned whether a steeper fee couldn't be imposed for this type of development over a single-family house being constructed on the acre. In response to a question by Littman, the City Engineer stated for the sake of simplicity a per-acre fee for assessment was applied To figure how much of an area is developed, charges are computed by dividing the area into the number of acres, with a minimum of half an acre. He stated the study outlines the recommendations of the Belvedere- Tiburon Joint Drainage Committee, and advised staff intends to make a careful study of the City's drainage problems this winter and to make specific recommendations for projects to eliminate the problems, with the projects being funded as part of the five-year Capital Projects Program. The City Manager presented, together with the ordinance establish- ing~the drainage areas and drainage fees, the Hudis Drainage Study Report and the estimated cost of constructing the drainage systems as revised by the present City Engineer. He recommended the Council adopt the report as the Ilaster Drainage Plan for the City. , An ordinance entitled fu~ ORDINM~CE OF THE CITY OF TIBURON ADDING CHAPTER 14A TO THE TIBURON flUNICIPAL CODE ESTABLISHING DRAINAGE AREAS AND DRAINAGE FEES, came on for introduction and first reading 9 9 (a) (b) . . DRAINAGE AREA ORDINfu~CE HODIS DRAINAGE STUDY AYES: i~OES : ABSENT COUNCILHEN COUNCILI.jEN COUNCILI.1EN Aramburu None None Action Continued Motion of Aramburu, carried: , seconded by Sennett Becker, , Fanning to adopt Resolution , Littman , Sennett 488 , CITY COUNCIL HINUTES NO 299 November 13 Page 8 , 1972 It was moved by Fanning, seconded by Becker deemed to have passed first reading. On motion of Becker, ordinance was waived seconded by Aramburu, and the ordinance was , full reading of the read by title only. that the ordinance be The City Uanager presented the ordinance drafted by the City Attorney which was intended to correct the formula for park dedication fees assessed against existing multiple developments. He stated the proposed ordinance would apply to Harbor Hill and Marinero condo- miniums . An ordinance entitled AN ORDINM~CE OF THE CHAPTER 14 OF THE TIBURON HUNICIPAL CODE, and first rea~ing CITY OF TIBURON M.mNDING came on for introduction 10 PARK The Chair directed this matter continued so that the report can be studied and some of the comments made this evening can be clarified by appropriate amendments to the ordinance. He further requested the staff to analyze the report in writing for the Council. DEDICATION FEES Action Referred to ad hoc committee In response to a question by the Chair, the City Attorney stated there is no ordinance that would require this kind of payment for R-3 development on land not subdivided.. The City Attorney stated they are operating under State laws and there is no way to extend this to R-3 development. For clarification, Littman, questioned whether fees would be required for R-3 development wherein 120 apartments would be constructed but there would be no subdividing. The City Attorney responded it would only apply if the apartments were converted into condominiums The Chair stated because Aramburu and Littman received the report this evening, he would direct this matter continued to give them an opportunity to study the report. The City Manager advised the Hudis Report must be acc~ted before the ordinance can be passed. In response to a concern by Fanning, the City Attorney stated real property assessed by an assessment district for which moneys have previously been paid pursuant to the provisions in the ordinance shall receive full credit for all such money paid in the event such assessment exceeds the amount required. The City I1anager stated the Assessment District laws set forth a formula based upon lot size upon which credit may be given for whatever fees have been paid on tlle property In response to discussion by Council, the City Attorney stated the law specifically provides not only does this only apply to future subdivisions and nothing else, but the ordinance must have been adopted 30 days prior to the tentative map for any subdivision being filed. Sennett questioned whether the Council can waive the fees if a redevelopment agency is formed and the agency wished to provide tile improvements. The City tlanager responded Section l4A-5 provides that the redevelopment agency could be the same as an assessment district; if the redevelopment agency paid for the entire cost of the drainage, then all such fees collected would be refundable The City 11anager reported these are estimated costs be revised by the City Council on an annual basis. and they can November 13 Page 9 , CITY COUNCIL The Chair appointed Littman and Aramburu to a special committee to consider this matter, to report back to the Council at the next meeting. HINUTES NO 299 1972 AYES: NOES: ABSENT COUNCILNEN COUNCILNEN COUNCI LIIEN Ararnburu; None None Becker , Fanning , Littman, Sennett Question was called on the motion by Littman, In response to a question by Ararnburu on the proper action necessary to rescind the in-lieu fees set by the Council on October 14 for Harbor Hill and ~larinero, the City Attorney advised the resolution adopted by the Council should be amended to provide for the change in fees. and the motion carried: The City Uanager stntcd the Housing Committee is preparing the Housing Element which will give the Council the authority to require as part of the app~~ovCll of planned (~,evelopment that a number of units be set aside \'lhich can be controlled by the City in terms of the amount of the lease; or if it is to be condominiums, a fee in t0rms of the cost of the units; but the City Hanager stated this belongs in the Housing Element and not in the proposed ordinanc'~ b(~fore the Council. It was moved by Littman, seconded by Aramburu, to refer this matter to a special C()m~.i1.i tt'?e of th/3 Counci I, to report back as promptly as possible 0;1. -::-.he qu~~;'::i.on. of ""hether the in-lieu fee here should be related to the Housing Element now in development by the City as ''lell as, or i.n lieu of, ehe park fee. Littman stated the fee p~ovision only occurs in Section 14-50(2) of the ordinance, and he would suggest the fee provision be broken down to a new paragraph as it applies to paragraphs 2, 3 and 4. He further objected to the fee only being measured on undeveloped lando He stated in situations wherein apartments are changed to condominiums, with the present proposal, the computations for developed land would be larger than for undeveloped land. Referring again to the Housing Element, he questioned how Novato and other cities imposed a 5 percent fee on new sub- divisions with respect to rnoder~te income housing. The City Attorney responded to do this a city must have an adopted housing plan as part of tile Ge~~rnl Plan, and it must be uniformly applied to all subdivisio1J.s Fanning questioned the \"lord averaget1 in the last sentence of Section 1 of the ordinance. Upon the advice of the Director that the word II average" refers t.O an earlier section, and there being no objection, the Chair directed the ,.,ord UaverageIJ stricken from line 9 of Section 14-50(a) (2) of the ordinance In response to a quentio~ by Littman, the City Attorney stated the State law specifically requires for the recreational element and does not require the Housing Element in subdivisions Littman stated conversions from apartments to condominiums may result in some citizens of Tiburon not being able to reside in the City; and since this is part of the Housing Element, he questioned whether the Council has the authority to embody a fee which might be used to assist the Housing Element of the City in some way, such as establishing the criteria that one unit out of 50 shall be made available for moderate income housing to tile City for lease by the City as the City deems fit to appropriate and deserving people. The City Attorney stated this could not be done without authority under the State Subdivision laws, and there is no such authority. VI REPORTS CASH FLOW - September The Chair received the Cash Flow statement REGISTER OF CLAIr-lS On motion of Becker, seconded by Aramburu, Register of Claims No. 99 was adopted: AYES: COUNCILr.1EN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILI1EN: None ABSENT: COUNCILHEN: None VII. QUESTIONS Redevelopment Agency, San Rafael Mr. Vernon Perry called the Council's attention to the dispute between the County of Marin and the City of San Rafael with respect to their ~development agency. The Chair thanked Hr 0 Perry for his report and stated the sense of the Council is that Tiburon does not wish to take any formal stand with respect to this dispute. Landmark Sites The Chair referred to a letter he received from the Landmarks Society listing landmarks within the City of Tiburon. He requested staff to study the legal basis upon which the City could designate the proposed areas as landmarks and ways by which they could be acquired, and what alterations they may require. He directed a report be brought back next month. VIII. AD2"OURNHENT It being now the hour of 11:20 p.m., and there being no furtller business to come before the Council, the. Chair declared the meeting adjourned sine die in memory of Harry Barbier, former San Rafael Councilman who attended the first incorporation meeting of Tiburon and had a continuing interest in the city. aA~/2L BERT BALI1ER, City Hanager/Clerk APPROVED BY THE CITY COUNCIL ON: November 27th , 1972. - r MAY CITY COUNCIL HINUTES NO 299 November 13, 1972 Page 10 CITY COUNCIL CITY OF TIBURON I. CA LL TO ORDER The 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., November 27, 1972, in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Mayor Sennett, Aramburu, Becker, Fanning, Littman, Sennett ABSENT: COUNCILMEN: None EX IFFICIO: Bert Balmer, City Manager R. L. Kleinert, Ass't City Manager Richard Breiner, Deputy City Attorney Stanley Bala, City Engineer Richard Arjo, Dir. of community Development Louis F. Brunini, Sup t . of Public \AJorks Phi I V. Scott, Development Administrator Therese M. Condy, Minute Clerk III. APPROVAL OF MINUTES NO. 299 Action: Approved as corrected Littman requested that the minutes on page 2, re the Open Space Element reflect that ..."The Open Space Element is separate from the moratorium order and as yet has no legal effect." The Mayor requested that on page 4, second paragraph, first line, the quotation mark be placed before the word ~. Aramburu requested that the typographical error of the word accepted on page 8 be corrected. There being no further corrections, on motion by the Chair, seconded by Fanning, the Chair directed Minutes 299 of November 13, 1972, approved as corrected. N. BUSINESS OF THE COUNCIL 1. EXTENSION OF MORATORIUM ORDINANCE Action: Passed 2nd reading and adopted An ordinance entitled AN INTERIM ORDINANCE OF THE CITY OF TIBURON EXTENDING ORDINANCE NO. 82 N.~. AS AMENDED BY ORDINANCE NO. 87 N.S. came on for second reading and adoption. On motion of Fanning, seconded by Aramburu, and there being no ~bjection, reading of the full ordinance was waived and the ordinance was read by title only. It was moved by Fanning, seconded by Aramburu, that ordinance l07.N.S. be deemed to have passed second reading and adoption. The Chair declared the public hearing open. There being no further discussion, question was called, and the motion that the ordinance pass second reading and adoption, carried: A YES: COUNCILMEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILMEN: None ABSENT COUNCILMEN : None CITY COUNCIL 'MINUTES NO 300 November 27, 1972 Page 1 November 27, Page 2 Question CITY COUNCIL MINUTES NO was called on the original motion 300 to affirm the decision of 1972 Littman moved that the matter be continued for two weeks, which time the parties be directed to confer and come to agreement as to the shape and height that the structure The motion died for lack of a second during some would be. Littman asked imposed as a was made Thomas if there condition of a conforming and not were variance. on his property any conditions He stated he , he would like if the building would be satisfied. After further discussion, it was moved by Aramburu, seconded by Becker, to affirm the decision of the Board of Adjustments. Mr. David Thomas, 5 Corte Las Casas, and Mr. James Harris, another neighbor, spoke in support of denying the appeal and contended that Mr. Miller had done extensive work in his yard without building permits and that there were stop work orders against him at the present time. The pool equipment structure not only trespassed the Thomas property by four (4) inches, with the over-hang extending further, but it also obstructed their view. Richard Miller, appellant, addressed the Council and presented a drawing of the inside of the structure, and a letter from his surgeon which explained his spinal problem. He contended that because of his height of 6'6" it would be a hardship for him to reduce the height of the structure especially since an automobile accident had injured his spine. He also stated that he had a building permit for the construction of the pad and did not know that he needed another permit to put the walls and the roof on it. The Development Administrator presented plans of the structure to the Council and recommended that the entire building be removed from the area and located elsewhere, or that the roof portion be removed so that it would conform to the building code. The Deputy City Attorney advised that the structure is illegal and must be removed or conformed to the building ordinance since it was built without a building permit and if trespassing on the neighbors property it should be removed The City Manager presented the item to the Council and explained that the appellant, Richard Miller, was denied a variance by the Board of Adjustments to allow a pool equipment structure to remain in the required sideyard since it was built without a building permit and encroached upon his neighbor's property by four (4) inches, and exceeds the height limitations by 6 inches. APPEAL FROM DECISION OF BOARD OF ADJUSTMENTS TO DENY A VARIANCE 2. Action Appeal denied IV Mr. James Michaels addressed the Council and requested a decision regarding his property on Sugarloaf Drive as to whether it was to be included in the moratorium. The Chair explained that any prop- erties not formally included in the moratorium are not included in the extended moratorium. The Deputy City Attorney stated that it 1s not a function of the Board of Design Review to place any prop- erty within the moratorium, and that they should follow through and process applications as they arE received. The Chair requested that this ruling be read to the Board of Design Review at their meeting of November 28, 1972. BUSINESS OF THE COUNCIL v ITEMS NOT ON THE AGENDA the Board of Adjustments, motion carried A YES : COUNCILMEN: Aramburu, Becker, Fanning, Sennett NOES: COUNCILMEN~ Littman ABSENT: COUNCILMEN: None The Chair directed staff to work with Mr. Miller and the Thomases so that Mr. Miller can comply and to inform him by letter his instructions. 3. USE PERMIT APPLICATION FOR RO-2 Action: Continued SUBDIVISION WITHIN OPEN SPACE MORATORIUM The City Manager introduced the item to the Council and reported that staff recommended that the application be held in abeyance until the open space element is decided. The Director of Community Development explained that it was part of a single property that was in two zones and involved the 5.2 acres of RO-2 zoned land on Geldert and Avenida Miraflores. Mr. Ri chard Ham, applicant, addressed the Council and explained that he would like to build on nine sites. Discussion followed regarding the possibility of moving the zone line during the City's rezoning. It was moved by Aramburu, seconded by Fanning, that this item be continued for sixty days so that the Planning Commission and Open Space Committee can give the Council their opinion and that the Director of Community Development give the council the effect of unit yield based on the slope policy. After further discussion, it was moved by Fanning, seconded by Littman, that this item be continued until the first meeting in January until the City gets further into the open space program. Aramburu accepted this as a substitute motion. Question was called on the substitute motion and carried: AYES: COUNCILMEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None VI. PUBLIC QUESTIONS AND COMMENTS There being no questions from the audience, the Council continued to the next item. IV. BUSINESS OF THE COUNCIL 4. ZONING ORDINANCE Action: Passed 1st reading as AMENDMENT REGULATING CAMPING amended. An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION 27 OF ORDINANCE NO.9 N.S., THE ZONING ORDINANCE, BY REGULATING CAMPING WITHIN THE CITY, was returned to the Council from the Lands and Development Committee. Fanning presented the findings of the Committee which felt that if amendments to section "G" are passed that section "H" is not necessary. The Dep~ty City Attorney read the proposed amendment which governs the parking of vehicles other than passenger cars in residential zones. CITY COUNCIL MINUTES NO 300 November 27, 1972 Page 3 CITY COUNCIL MINUTES #300 November 27, Page 4 1972 The Deputy City Attorney stated that the contracts that there was clear title to the property The City Manager stated that the City had received a written offer of sale of 25,000 square feet of property from Mr. and Mrs. W. J. McGowan which was adjacent to the city owned right-of-way in Belveron. The proposed selling price was $3,500 and the McGowans have stipulated that they would donate $1,000 of the purchase price to the Belveron Property Ovmers Association for playground equipment in the mini-park. The staff recommended that the property be bought at this price with this condition. It was moved by Fanning, seconded by Becker, that the City Manager be authorized to draw the proper contracts for the purcha~~e of this property at $3,500 in fee would include 14. PURCHASE OF McGOWAN PROPERTY AYES NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Aramburu, None None Action Approved Becker, Because of the many kind deeds and expressions of dedication to the City of Tiburon, Littman moved adoption of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON COMMENDING IRVING MOULIN FOR HIS MANY CONTRIBUTIONS AND DEDICATED SERVICE TO THE CITY OF TIBURON. Motion was seconded by Becker. Question was called and unanimously carried Fanning, Li ttman, Sennett Littman that Mr indicated to the audience t~1e downtown Moulin had donated to the City 11 RESOLUTION OF APPRECIATION TO IRVING MOULIN Action plan photographs Resolution 493 Adopted The Chair welcomed the reporter from the new Tiburon newspaper The Ark, which will begin publication on January 3, 1973 A recess was taken at 8:50 p.m., the roll standing as originally the taken Council reconvening at 9 p.m , AYES NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN RECESS Aramburu, Becker None Fanning, It was moved by Fanning, seconded by Aramburu, that this be considered to have passed first reading with the word removed from the second line paragraph G-l. The Chair this as a substitute motion the previous meeting was called and motion of from carried: Littman, Sennett accepted Q,uestion ordinance tent On motion objection, was read by of Fanning, reading of title only seconded by Aramburu, and there being no the full ordinance was waived and the ordinance The Director summarized the Planning Commission actions and that they had found both "G" and "HI! acceptable. The Deputy Attorney advised the City Council that they could accept the Director's report as the official report of the Planning Commission stated City Fanning suggested that the word "tentH be removed to avoid any confusion regarding children using backyard tents. The City Manager apprised the Council of pending legislation in the Senate which states that any restrictions you place on any mobile homes, campers, etc., would be required of private cars. Question was called and motion unanimously carried AYES: COUNCILMEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILMEN: None ABSENT: COUNCIL'IIEN: None 5. PARK DEDICATION FEES Action: Continued -- Littman requested a continuance of this matter for two weeks in order to discuss a recent memo ;rom the City Attorney. Chair so ordered. 6. REDEVELOPMENT AGENCY Action: Resolution 489 adopted. DESIGNATION OF SURVEY AREA Fanning used a projected map to outline the area that the Lands and Development Committee had decided upon, and which had been augmented by the Chairmans of the Park & Recreation Commission and the Planning Commission. Anything the City might want to consider must be placed into the study area at this time. The Committee recommended that this resolution be adopted. In response to a question from the Chair, the City Manager stated that the Planning Commission will be responsible for this study. Aramburu stated that he had consulted with Superintendent Giovanniello of the Reed Union School District and asked that a special ad hoc committee be formed to meet with school representatives Becker stated that alternatives to redevelopment should be considered; questioned whether redevelopment bonds could be sold without a direct public vote and how does the public voice their opinion; wanted a definition of hardcore blight; and questioned the undis- closed motivations for drawing the boundary lines. The Chair and Fanning stated that the alternatives would be explored by the Planning Commission; and that these questions will be answered during the survey study. Fanning stated that Dean ~itter had been hired to investigate alternate means, and he obj~cted to the inference of undisclosed motivations. He stated that the Committee did not want to preclude the Planning Commission from any obvious options and that they included as large an area as possible; that it did not impose a freeze or moratorium on the properties. The Committee considered drainage, slide problems, property lines and road lines to give some logic to the map. Aramburu, a member of the Lands and Development Committee, stated that he had questions concerning some of the areas but that this was the largest possible area that could be studied and there were logical relationships. Littman read the building code which described a blighted area. Clarence Bullard questioned whether the Southern Pacific Railroad had been consulted. Fanning responded that they had been contacted by the consultants and the Committee would meet with them in a few days. It was moved by Fanning, seconded by Aramburu, that Resolution 489, A RESOLUTION OF THE CITY COUNCIL .oF THE CITY OF TIBURJN DESIGNATING REDEVELOPMENT SURVEY AREA A, be adopted and that this map be included as Exhibit A. Question was called and the motion carried: A YES : C OUNC ILMRN: Aramburu, Fanning, Littman, Sennett NOES: COUNCILMEN: Becker ABSENT COUNCILMEN: None CITY COUNCIL MINUTES NO. 300 November 27, 1972 Page 5 13. MARINERO HEIGHTS CONDOMINIUM Action Resolution 490 adopted APPROVAL OF TENTATIVE MAP It was moved by Fanning, seconded by Becker, to adopt Resolution 490 approving the tentative map of Marinero Heights Condominium. In response to a question from the Chair, the Director stated that the .in-lieu fees are a condition of the final map. The Director stated that Resolution 414 approving the P. D. Precise Plan contains detailed conditions regarding the landscaping, grading, condominium map requirement for the approval of the Covenants, Conditions and Restrictions, approval by the Tiburon Fire District. AYES: COUNCILMEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILMEN: None ABSENT: C OUNC ILMEN : None 12. #2 LYFORD DRIVE CONDOMINIUM Action: Resolution 491 adopted APPROVAL OF TENTATIVE ~ffiP It was moved by Becker, seconded by Fanning, to adopt Resolution 491 approving the tentative map of the Two Lyford Drive condominium. Staff recommended acceptance with the conditions as set forth by the Planning Commission. In response to a question from Aramburu, the Director recommended that parallel parking be utilized to avoid problems at the garage turnarounds; and that the revised parking be defined. Mr. Schmitt, property owner, stated that the contingencies in the Resolution have been met or are in the process of being complied with and asked that the Council consider this as a final map in order that the tenants might close escrow by the end of the year. The Director stated that the Planning Commission would have to certify the final map. TIna Kelly stated that the tenants were more concerned that all the conditions were met and there was no need to rush the approval. Question was called and motion carried: AYES: COUNCIL~J1EN : Aramburu, B~cker, Fanning, Littman, Sennett NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 7. HUDIS DRAINAGE MASTERPLAN Action: Adopted The City Manager presented the item to the Council for their review and acceptance of the Rudis Drainage Study. In response to a question from the Chair, the Deputy City Attorney stated that the report does not bind the Council to the conclusions of the report; and that it can be amended. The plan shows the geograh- ical drainage area, and the Council was not accepting any precise way to correct the drainage problems. It was moved by Becker, seconded by Aramburu, to adopt the Hudis Study for elimination of flood problems. Question was called and motion carried: A YES: COUNCILMEN: Aramburu, Becker!) Sennett NOES: COUNCILMEN: Fanning, Littman ABSENT: COUNCILMEN: None 8 DRAINAGE AREA ORDINANCE Action: Referred to the Public Services Committee An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ADDING CITY COUNCIL MINUTES NO 300 November 27, 1972 Page 6 17. CHAPTER 14A TO THE TIBURON AREAS AND DRAINAGE FEES, came vlould like reasonable . , REQUEST FOR PARKING DECK an excesisi ve just adoptn the Counci Discussion addressed It was moved by Becker, seconded by the Chair~ be considered to have passed first reading It was moved by Becker, seconded by Aramburu~ and there being no objection, the Chair ruled full reading of the ordinance waived, and the ordinance was read by title only The City Engineer the costs. He stated the amount of money by the be developed. He stated that year8 The City Manager stated collect a fund to complete the to improve and that the the for would still be wanted to widen The City Manager introduced the Brown of 2490 Spanish Trail Road a parking deck which is partially In response to a question from would like a short summary that ordinance. The Chair referred Committee to be returned with district them and AYES NOES: ABSENT exceptions addressed variance The covered property It was moved request to cover ment permit Question area, Littman is not excessive along Tiburon Blvd Development Administrator presented plans of the parking deck to the Council. He stated that would not cause a specific problem but also stated clope is areas stated policy encroachment permit on narrow roadways so great. The Development Administrator stated the approach only is in the right-of-way. Two were on Spanish Trail Road. Mr. Brown~ the applicant, Council and stated that he had received a revocable the and he just wanted to enclose it. The City the variance in the event they COVERED by Becker, the parking was called COUNCILlVlEN COUNCILlVlEN COUNCILMEN an assessment expect to receive what types of would be deck able to the Hudis water but which CITY COUNCIL MINUTES NO stated that revoke street 13 of stall vlorks properties candidates for seconded by Aramburu, to grant Mr deck by means of a revocable and motion carried that the the fee number Aramburu Fanning, None the is inadequate MUNICIPAL on for the Zoning Ordinance which specifically cannot be in a right-of-way. The that it's been Council these propo was ~vv of acres, the fee should be that this ordinance was not just drainage system in the downtown establish drainage in other areas. report concludes that the problem siltation and the drainage ditch to the to the their recommendations the Chair, can be used ordinance item to the has requested located , Action Becker, Littman CODE, first woul".:;} the fees would C\c+-ablished by assuming all recalculated Aramburu stated assess this a within 300 ESTABIIS~HING DRAINAGE reading Granted Council. Mr permit the Sennett that the Ordinance Mr. Moul in considered November 27, Page 7 Public in two proposed this particular . James to cover right-of-way not cover dividing land he Servic es weeks Brown's encroach- will every to 1972 November 27!} Page 8 Mr.. Herbert Wenig addressed dated August 25, 1972 which Master Plan and not in the any discussion on this also cited the August there precise plan. subject was out of 25th letter and stated CITY COUNCIL MINUTES #300 The order. that Mr. they were 1972 \^T e e d still the Council sta, ted and was referred to letter a change in the Chair directed Ned precise plan. and their sites plan In answer to advised that a question from Littman!} the the number of buildings and He stated that changes in would be a substantial a Deputy City Attorney size is part of the the number of departure from buildings the precise precise plans approved public hearings. require should wait by HUD before T.E.A. and the Council was sufficient stated would change Council decide to plans another precise plan. The until they were given the they review them and hold tha-e Chair buildings have been Tiburon Blvd. The plans indicate conformance to certain conditions. since the plans had been changed from the original precise the City should direct that the precise plan procedure be gone through again with respect to the new plans. The Chair stated "'; he had directed staff that upon application by the that the staff forward their recommendation to the Council if the conformed or if plans to siting r>loser to staff to stated the of and the function will to all new lines are coming-in, coordinate report on findings on Rule and can be accomplished in 10 HILARITA PROJECT 20!} residential Action Continued notified when r Tiburon ~ighway how undergrounding The Chair asked the liason along with will meet at the be discretion of coordinate Public Services John Hoffmire the actual The Committee Committee's attended by P.G.&E Mayor!} the utility create a Undergrounding Advisory Co total undergrounding desires and develop a v undergrounding costs along Tiburon Blvd. in the vi~ bicycle path are approxirmtely $10 per lineal foot. stated that the City had been advised by the representatives utilities companies to withhold any undergrounding of the widening of Tiburon Blvd. The Chair staff to be included in a committee the public until the stated he completion would like be to analyze mas~er plan. Current r>inity of the The Chair of At recent Aramburu, meetings and the Citizens ., The Pacific companies Telephone recommended the Co. , City the The Assistant City Manager presented the statu Council. He cited the Rule 20 monies which ha and described the underground utility district and Tiburon Blvd!} where six utility poles ~d vv removed at a total cost of $30,962. Private property owners could form district for undergrounding their utilities at a cost $2,000 per home an assessment of approximately along l\1ain r\ erhead wires report been to the allocated; street were UNDERGROUNDING OF UTILITIES STATUS REPORT Creation Committee 9. Action The Chair requested that the City Attorney review the procedure of granting encroachment permits. Fanning stated that his no vote was based on procedure. Littman he would like a copy of the Encroachment Policy dated 1966 stated April 11 of a Liason awaiting final approval from HUD. It was moved by Aramburu, seconded by Fanning, that this item be continued until Council has a report from the Director of Community Development and the City Attorney as to the significance of the precise plan changes. Question was called and motion carried: A YES : COUNCILMEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: C OUNC I LfvIEN : None ABSENT: COUNCILMEN: None 15. SETTING OF NUISANCE ABA'rEIVlE~~I' HEARING STRUC~E AT 1885 PARADISE DRIVE The City Manager stated that the structure located at 1885 Paradise Drive, sometimes referred to as the "Old Ticket Office" is an abandoned building and requested a date for a Nuisance Abatement Hearing. The Chair set the first meeting in December as the date for the hearing. 16. SETTING NUISANCE ABATEMENT HEARING FILL & FENCE ON ESPERANZA LAKE The City Manager cited the illegal fill and erection of a fence on Esperanza Lane. Requests to remove them have been ignored. The Chair ordered that a Nuisance Abatement Hearing be set for the first meeting in December. VII. STAFF REPORTS 18. POLICE DEPARTMENT MONTHLY RE"PORT - October The Police Reports for the month of October were accepted. 19. DEVELOPMENT ADMINIS1'RA TOR'S MONTHLY REPORT August, September, October These reports were ~ccepted VIII, EXECUTIVE SESSION -..- ----..... At 12:03 a.m., November 28, 1972, the Chair adjourned into Executive Session to discuss pending litigation. IX" ADJOURNMENT It being now the hour of 12:20 a.m., November 28, 1972, and there being no further business to come before the Council, the Chair declared the meeting adjourned to ~rednesday, November 29, 1972, at 6:00 p.m. for the purpose of reviewing the 1972 Open Space Bond bids and awarding the Bonds. a~g:i~ BERT BALMER, City Manager/Clerk APPROVED BY THE CITY COUNCIL ON: ~ r 11th CITY COUNCIL MINUTES #300 November 27, 1972 Page 9 CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The adjourned meeting of the City Council, City of Tiburon State of California, was called to order by Mayor Albert H. Sennett at 6:00 p.m November 29, 1972, in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Mayor Sennett, Aramburu, Fanning ABSENT: COUNCILMEN: Becker, Littman EX OFFICIO: R. L. Kleinert, Ass't. City Manager, John Martin, Dean Witter & Co. Inc. III. BUSINESS OF THE COUNCIL 1. 1972 OPEN SPACE BONDS ACTION: ADOPTED RESOLUTION #492 Council reviewed the twelve bid proposals received by the City for the purchase of the 1972 Open Space Bonds. The high bid was submitted by Hayden Stone Inc. of san Francisco at an average interest rate of 4.8300 or a net interest cost of $1,144,718.75 for the thirty year redemption period. John Martin of Dean Witter & Co. Inc. indicated his firm would now prepare tbe Annual Debt Service Schedule for the City. A motion by Fanning, seconded by Aramburu, to adopt Resolution 1492 '~SOLUT10N SELLING $1,250,000 CITY OF TIBURON 1972 OPEN SPACE BONDS, AND FIXING THE DEFINI- TIVE RATES OF INTEREST THEREON". This resolution provides for the acceptance of the bid from Hayden Stone Inc. for the purchase of the bonds and authorizes the sale of the bonds to Hayden Stone Inc. Question was called on the motion to adopt Resolution 1492, and the motion carried A YES: Councilaen: Sennett, Aramburu, Fanning NOES: Councilmen: None ABSENT: Councilmen Becker, Littman IV. ADJOURNMENT It now being the hour of 6:05 p.m., November 29, 1972, and there being no further business to come before the City Council, the Chair declared the meeting adjourned sine die. UZJ7~ BERT Bt\LMER, City Manager/Clerk A PPllOVED BY THE CITY COUNC IL ON: - ~ - AL CITY COUNCIL MINUTES NO. ~.Ol November 29, 1972 CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Albert H. Sennett at 7:37 p.m., December 11, 1972, in the City Hall Council Chambers. II. ROLL CALL -- PRESENT: COUNCILMEN: ~layor Sennett, Aramburu, Becker, Panning, Littman ABSENT : COUNCILMEN: None EX OFFICIO: Bert Ba~er, City Manager R. L. Kleinert, ABs't City Manager Robert I. Conn, City Attorney Stanley Dala, City Engineer Richard Arjo, Director of Conmunity Dev. Phil V. Scott, Development Administ:rator Louis F. Brunini, Supt. of Public Works Hellen K. Hecht, Minute Clerk III. APPROVAL OF MINUTES No. 298 On motion of Becker, seconded by Fanning, and there being no objection, t-1inutes 298 of October 26, 1972, were approved. The Chair requested the Director of Conununity Development furnish each Councilman with a written copy of the summary presentation made on October 26th. No. 300 Panning requested the minutes be corrected on page 5, Item 6, paragraph 1, to show that his committee had been augmented by the chairman of the Planning Com..'llission and a member of the Parks and Recreation Commission. Aramburu corrected a spelling on page 6, Item 7, line 5 of the first paragraph, to read qeoqraphical. On motion of Becker, seconded by Littman, Minutes No. 300 of l~ovember 27, 1972, were approved as corrected. Fanning noted the milestone of ltinutes No. 300. No. 301 On motion of Fanning, seconded by Aramburu, and there being no objec1:ion, 14inutes No. 301 of November 29, 1972, were approved. IV. BUSINESS OF THE COUNCIL 1. NUISANCE ABl'~TEMENT HEARING ON Action: Res. 494, as amended, ABANDON~D BUILDING adopted 1885 PARADISE DRIVE The l-iayor announced that this was the time and place set for the hearing on the Order to Show Cause re abatement of alleged nuisance at the vicinity of 1885 Paradise Drive. The }'Iayor directed that. Phil V. Scott be sworn and called as the first witness. CITY COUNCIL MINUTES NO. 302 December 11, 1972 Page 1 December 11 Page 2 , CITY COUNCIL y .~ It was moved by Becker, seconded by Aramburu, to amend the resolu- tion in the RESOLVED paragraph, to read, ". . .and does hereby order its abatement by demolition or repair, as determined by the City Manager, in accordance with the provisions as set forth in Section 24-5 of the l-'lunicipal Code." f.r1INUTES NO 302 1972 The City Attorney read proposed Resolution 494 to the Council. On motion of Becker, seconded by Fanning, the Council adopted Resolution 494 declaring the building at 1885 Paradise Drive to constitute a public nuisance and directing its abatement~ The Chair directed the City Attorney to frame a resolution wherein the Council made a finding that the structure located at 1885 Paradise Drive is a public nuisance, and wherein the City Manager was directed to abate same. The Chair inquired if anyone else had any evidence to present; it was noted that there \1as no response. !vIr. Gordon Strawbridge suggested that the word "trespassers" be substituted for uundesirable characters" in any resolution that may be adopted ;/ The Chair inquired whether the o'~ner or a representative of the owner was present, and, if so, whether they desired to present any evidence. The Chair noted tilat the m~ner was not present and that no one appeared to present any evidence on its behalf. The Chair further inquired as to whether any person was present who wished to speak to the matter or to cross-examine Mr. Scott. Mr. Scott read the staff report dated December 11, entirety. 1972 Mr. Scott further testified that Mr. C. Marshall Walter, who represented the owners and other persons who had interests in the building, had communicated to the City staff that he is attempting to locate the person who secured the building at the time a nuisance was found to exist therein several years earlier, and that he expressed an interest in again securing the building, using temporary measures, and may possibly remove the building in the near future. , in its Mr. Scott testified that the building constitutes an attractive nuisance in that it is possible for children to enter the building; and because of the dangerous condition of the second floor, it is possible for a person to fall through the second-story floor and be injured. He further testified that because the building is sheltered from visual observations, the police are unable to observe activities within the building. He further stated that the building is a menace to life and health and is a fire hazard by reason of its attractiveness to children Mr. Scott testified that an inspection of the structure at 1885 Paradise Drive was made and it \1aS found that the structure was abandoned and dilapidated in thRt the openings in the building are all broken out, the plaster and laths in the interior of the building have been pulled away from the walls, and the City had received reports that undesirable characters have been found loitering around and in the building. Phil V. Scott, Development Administrator of the City of Tiburon, was duly sworn and testified that pursuant to the provisions of the City Code, notice of the hearing was duly given to the holder of record title of the property, and the property had been duly posted. Based upon the evidence so introduced, the Council found that notice was duly given as required by l&~. December 11, Page 3 CITY COUNCIL MINUTES NO. Mr. Peter Arnold was sworn and testified that the fence was con- structed in the summer of 1971. He further testified the fill was placed on the lane when excavation was done for the apart- ments near Old St. Hilary's, at which time Mr. Dal Bon requested 302 1972 Mr. Scott stated that the fill and fence constituted a nuisance because it blocked and interfered with the passage of the public over the lane and because the dirt fill that was placed on the lane without a permit constituted a problem as far as drainage was concerned. Mr. Scott further testified that a Preliminary Title Report dated May 15, 1972, indicated that the public had the right to pass over the lane. He stated, hO\~ever, that the precise boundaries of the sidelines of said lane are indefinite. He stated further that Mr. Dal Bon wrote a letter to the County Assessor on June 7, 1971, wherein he requested the Assessor to assess him for part of the lane. The letter advised the Assessor that r.1r. Dal Bon had been using part of the lane adjacent to his property for per- sonal use and that he was willing to pay taxes on it. Mr. Scott stated the public had used the lane for many years without inter- ference or interruption of any kind. ~lr. Scott stated that dirt fill had been placed on Esperanza Lane, and, furthermore, that ~1r. Dal Bon had fenced a portion of the lane. He stated that because of these intrusions onto the lane, pedestrian passage was interfered with to the extent that members of the public traversing the lane are required to walk through Landmarks Society Park area, disturbing the garden. Mr. Scott then testified that Hr. Dal Bon had been observed placing dirt fill on his property, and since he failed to receive a permit to do so, had been issued a stop work order by the city. Mr. Dal Bon then applied for a permit; and at such time was advised that Esperanza Lane, adjacent to his property, was public pro- perty and any fill placed in or on the lane would have to be removed. Phil V. Scott, Development Administrator of the City of Tiburon, was duly sworn and testified that pursuant to the provisions of the City Code, notice of the hearing was duly given to Mr. Leo Dal Bon, 1655 Mar West Street, Tiburon, and that the property had been duly posted. Based upon the evidence so introduced, the Council found that notice was duly given as required by law. The Mayor announced that this was the time and place set for the hearing on the Order to Show Cause re abatement of alleged nuisance on Esperanza Lane. The Mayor directed that Phil V Scott be sworn and called as the first'witness. NUISANCE ABATEMENT HEARING Action FILL AND FENCE ON ESPERANZA LAN~ AREA ADJACENT TO DAL BON PROPERTY 1655 ~1AR ~~ST Res. 495 adopted 2 AYES: NOES: ABSENT: COUNCILHEN COUNCIU1EN COUNClumN Aramburu None None , as amended, Question amended, , was called on the motion to adopt Resolution 494 and the motion carried: Becker, Fanning, Littman , Sennett AYES: NOES: ABSENT . . COUNCILMEN COUNCILNEN COUNCILNEN . . . Aramburu None None , as Question was called, , and the moiton to amend carried: Becker , Fanning, Littman , Sennett December 11 Page 4 , CITY COUNCIL MINUTES NO. An ordinance entitled AN ORDINANCE OF THE CHAPTER 14 OF THE TIBURON MUNICIPAL CODE, 302 CITY OF TIBURON AMENDING came on for first reading. 1972 4. PARR AYES: NOES: ABSENT: DEDICATION FEES COUNCILl.1EN COUNCIUlEN COUNCILMEN . . . . . . Action: Aramburu, Fanning Becker, Littman None ~latter tabled , and the motion to adopt the ordinance carried: Sennett Littman objected to the ordinance. Question was called, It was moved by Fanning, seconded by Aramburu, that Ordinance 108 N.S. be deemed to have passed second reading and be adopted inclusion of 'boats the word in the . On motion of Fanning, seconded by Aramburu, and there baing no objection, full reading of the ordinance was waived and the ordinance was read by title only. An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION 27 (G) OF ORDINANCE NO.9 N.S., THE ZONING ORDINANCE, BY PROHIBITING THE USE OF VEHICLES FOR RESIDENTIAL USE, came on for second reading and adoption. 3 CAMPING ORDINANCE AYES: NOES: ABSENT: COUNCILl.1EN COUNCILMEN COUNCILl:1EN . o . . . Aramburu None None Action Ord. 108 N .S adopted , The City Attorney read proposed Resolution 495 to the Council On motion of Becker, seconded by Fanning, the Council adopted Resolution 495 declaring the fill and fence on Esperanza Lane to constitute a public nuisance and directed its abatement. Question was called, and the motion carried: Becker, Fanning , Littman , Sennett The Chair directed the City Attorney to frame a resolution wherein the Council made a finding that the fill and fence constituted a public nuisance and wherein the City Manager was directed to abate same. The Chair next inquired if anyone else had evidence to present; it was noted there was no response. Mr. Stanley Dala, the City Engineer, was sworn in by the Assistant City Manager, and testified that he and the Superintendent of Public Works had met with Mr. Dal Bon at the site of the fill to discuss the problem, and tir. Dal Bon admitted to placing the fill and the fence. He testified he informed Mr. Dal Bon the fill is uncompacted, that it intrudes on the easement and blocks the drainage. The Chair then inquired if Mr. Dal Bon, or a representative of his, was present, and, if so, if they desired to present any evidence. The Chair noted that Mr. Dal Bon was not present and no one appeared to present any evidence on his behalf. that the fill be deposited on his property. Nothing further was done for some period of time and then in the summer of 1971 addi- tional fill was dumped by Mr. Dal Bon. He stated that he and r~s. Charles Brooks had reported the incident to the City. Mr. Arnold further stated that he had not personally observed the fill being dumped and he had no personal knowledge as to who placed it there. December 11, Page 5 CITY Littman stated the to reduce the fces COU~~C!:!.J Council had been ~..,illing to adopt an ordinance a~~.d bSC;.1U3C of hi,,:; new proposal with regard H:rNUTES NO 302 1972 In response to a que;-"'.ion people who are ~eady to f an emergency ordinanca wi by Aramburu as to the status of the ile tht~ Final Haps, the Chair stated .1.1 be ~dcpted in January. Fanning recommended the ordinance spell out hO\'1 value is dete~nined. the fair market Ur. Paul Schmidt, 2 Lyfo~:d Dri "..c, obj ccted to being assessed at the maximum amount. Hc ~;t2.t.ed he ir.; ready to file the Final Map He favored the prOr~)sa)- by Lit:tm.3.n and questioned t~hether the developer could pay t.hc le0.st 2mount, \"hich is 5 percent, and post a bond so that if ad.dit:~..onnl moneys vlere required depending on the Council's final action, the additional money could be paid. The City Attorney stu.ted the Ci ty t'lould have no authority for action of this nature. The Chair r~qnested staff prepare an analysis of the various methods as to how to bring some equity to the situation and not cause a problem ~.,ith retroactivity, and bring in drafts of em'~rgency ordinances for Council's considera- tion. lire Tom Knoll, rcpres8nting the Harbor Hill apartments, questioned \'lhether it would be poss;bJ..c, if the matter is not solved, to post a bond for the full amount of the contribution as called for in the first resolution; and when it is resolved, tiley would pay whatever fees are required. Th~ City Attorney responded there is a real problem of rctronctiv.tty as once the maps are recorded the fees provided fo~ by t.he :eesolu.tion must be paid. He stated if all the condi ti.cns [I.re nl'~t and the Final Hap is recorded, they must pay cash as one of the conditions for recording the Final Hap is that the mon'3Y be pnid, and the fees cannot be returned on a retroactive basis. Littman urged an emergency ordinance be adopted establishing revised fees in order that the present applicants would benefit as intended by Council , ~he Chair recommended the matter be continued to the next meeting in order that Council and staff have an opportunity to review the recommendations of the special ccmmittee. He questioned the status of the Harbor Hill and Harinero conversions and the expressed intent of the Council to reduce the fees set in the original resolutions in which liberal application of the ordinance was applied and fees were set at $95,681 and $101,930.40. The City Attorney responded the fees set by Council could be adjusted if an ordinance were adopted prior to the filing of the Final Hap, \'ihich has been delayed pending conncil' s action. The City Attorney cdviGec1 i.t i.f':: no';; possible to include requirements for the Housing E~ellicnt.i:1 thc ordinance until the Housing Element has been adopted ns paLt of the General Plan. The City Manager requested staff be given the opportunity to study the proposed chang€s 2nd prepurc the emergency ordinance for Council's conaider~ticn. Littman presented to the Council the report of the Special Com- mittee, composed of himself and Aramburu, outlining the recommenda- tions of the corr~ittee for revised park dedication fees for apartment conversions to condominiums and for new condominiums; and recommending passage of an emergency ordinance providing for an adjustment in fces, indicating the Council's interest in including fees for the Housing Element. He recommended Council commence a study of the arr8nm~nnt of the subdivision fees to include the Housing }~le~Tr?::-.!..J~ sect~.ol~. to the Housing Element, tile matter is now being delayed. In all fairness to the developers for whom the Council had previously recommended adjusting the fees, he would urge the Council adopt an emergency ordinance changing the fee schedule and consideration of the Housing Element be taken up at a subsequent meeting. Fanning questioned the urgency of the matter and the determina- tion of the fair market value and moved, seconded by Sennett, that the matter be ccntinued. Question was called on the motion to continue, and the motion failed: AYES: COUNCILI1Ei:J: Fanning, Sennett NOES: COUNCILi"IEN : Aramburu, Becker, Littman ABSENT: COUNCILI\1EN: None On motion of Becker, seconded by Littman, full reading of the ordinance was waived and the ordinance was read by title only. It was moved by Becker, seconded by Littman, that Emergency Ordinance 109 N.S. be deemed to be adopted. It was moved by Littman, seconded by Becker, that the last three lines of the ordinance read: "That they shall pay a fee equal in value to two percent of the appraised market value of the land and the improvements in the subdivision, as determined most II recently by the County Assessor. Planning Commissioner Robert Wayne objected to the Council's adopting an emergency ordinance not approved by the Planning Commission, and he questioned the urgency of the matter. Littman responded the Planning Commission had originally recommended the fees set forth in the Emergency Ordinance. Fanning referred to developments such as John Hoffmire's wherein the development is built as apartments and later converted to condominiums and the land can b~ assessed as undeveloped agri- cultural land. Littman suggested this could be covered by deleting the words "as determined most recently by the County Assessor" from his amendment to the ordinance. Aramburu indicated concern with the determination of fair market value and moved, seconded by Fanning, to table the ordi- nance . RECESS A recess was taken at 9:46 p.m., tile Council reconvening at 10:00 p.m., the roll standing as originally taken. Question was called on the motion to table, and the motion carried: AYES: COUNCILNEN: Aramburu, Fanning, Sennett NOES: COUNCILNEN: Becker, Littman ABSENT: COUNCILMEN: None The Chair directed the staff prepare an analysis of the com- mittee's report and an opinion on determination of fair market value, to be brought back at the next meeting. s. DRAINAGE AREA ORDINANCE Action: Ord. passed 1st reading An ordinance entitled &~ ORDINANCE OF THE CITY OF TIBURON ADDING CHAPTER l4A TO THE TIBURON MUNICIPAL CODE, ESTABLISHING DRAINAGE AREAS &~D DRAINAGE FEES, came on for introduction and first reading. CITY COUNCIL MINUTES NO 302 December 11, 1972 Page 6 Becker reported the Public Services Committee had met with the City Engineer and the City Manager, and staff had prepared maps which the City Engineer presented to the Council showing district areas of the DowntO\o1n and Reed areas. He stated the per-acre fees proposed were based on the assumption that the Hudis Uaster Plan would be adopted. However, some of the recommendations in the Hudis report are too extensive; but in general the figures in the ordinance are a result of the recommendations in the Hudis report. Becker stated the Committee re~ommends the ordinance be passed, with the understanding that the total revenue will not equal the total required costs for all the recommended improvements and money will have to be expended from general funds. In response to a question by Littman about costs for less than an acre, the City Attorney stated fees would be adjusted for land less than an acre. In response to the concern by Council about raising the needed drainage fees, the City Manager stated fees could be raised from (1) a general fund property tax levy; (2) a bond issue; or (3) an assessment district. On motion of Becker, seconded by Aramburu, and there bieng no objection, reading of the full ordinance was waived and the ordinance was read by title only. It was moved by Becker, seconded by Aramburu, that the ordinance be deemed to have passed first reading. It was moved by Littman, seconded by Fanning, to amend the ordinance by deleting in clause C of Section l4A-3 and l4A-4 the sentence reading: "Prior to the issuance of any building permit for construction on a parcel of property which is not a part of a subdivision for which a drainage fee has already been paid, there shall be paid to the City of Tiburon a drainage fee at the rate of $1 079 per acre, provided that, for any parcel containing less t~an one acre, said drainage fee shall be pro- rated, but in no event less than $539.50." Littman stated the purpose of his motion is to delete the charge with respect to existing subdivisions and leave it apply only to future subdivisions. In response to a question by the Chair, the City Engineer stated the fees to be collected would be substantially lowered by the proposed amendment as there is not much land left to be sub- divided. Question was called on the motion to amend, and the motion failed: AYES: COUNCILIvlEN: Littman NOES: COUNCILMEN: Aramburu, Becker, Fanning, Sennett ABSENT: COUNCILI1EN: None Question was called on the motion that the ordinance be deemed to have passed first reading, and the motion carried: AYES: COUNCILr,jEN : Aramburu, Becker, Sennett NOES: COUNCILHEN: Fanning, Littman ABSENT: COUNCILl-1EN : None v. PUBLIC QUESTIONS AND COt~NTS The Chair referred to a communication from Anne Ellinwood regarding the illumination by Mrs. william Simpson of a 50-foot tall redwood tree belonging to Mr. and Mrs. Bennett. The Chair CITY COUNCIL MINUTES NO. 302 December 11, 1972 Page 7 CITY COUNCIl! HINUTES NO. 302 December 11, Page 8 1972 It was moved by Littman, seconded by Becker, that the Council authorize the expendi~ure of necessary funds to have the police officer stationed at ~he i~ters~ction of Avenida Miraflores and In response to a question by Fanning, the City Manager stated to his knowledge there have been no traffic accidents at either intersection as a result of the stop signs. The City Manager prc3dnted the evaluation by Chief Lafferty of traffic signs placed at Avenida Miraflores and Beach Road, with the recommendation that the Council approve the payment of over- time for the stationing of an officer at Avenida Miraflores from 7:00 a.m. to 9:00 a.m., Mondays through Fridays. He stated application has been made for Federal Aid Urban System money for the insto.llation of electric traffic signals at both intersections TRAFFIC SIGNS ON TIBURON BOULEVARD 8 AYES: NOES: ABSENT . . COUNC I Lr-1EN COUNCILMEN COUNC I LI\ffiN Ar nrebuJ:u None N on(~ .Action Approved recommendations Becr-.er , Fanning, Littman , Sennett Question was called After discussion, ~l.. t \'las rr-o":,;rcd. by Arc:mburu, seconded by Fanning, that the Council authori~o the staff to initiate uninhabited anncxat:io..:. app].icat~.i.Jn as proposed and submit it to LAFCO for publj.c 11co..ring. and 1:h~ roo t.ion carried The City Hanager p~-=cs€nted the T.'~~quest. that Council initiate uninhabited annexation in t.r..e u.nincorpora.ted area along Paradise Drive. REQUEST TO INITIATE UNINHABITED ANNEXATION 7 Action In response to a question by the Chair, the City Manager stated staff has prepared a written report in terms of the present circulation as related to open space acquisition which will be sent to council this we8k. A review of the total circulation element will be made upon Council's adoption of the Open Space Plan. Approved recommendations Bob Wayne and Mrs. hearing be held as Talal spoke to the matter and requested the soon as possible. Becker reported the Public Services Committee recommended a public hearing be held to determine the public's reaction to Hacienda Drive. He stated the committee recognizes Hacienda Drive must be considered in relation to open space acquisition the question of the Porto Marino Drive extension. and 6 HACIENDA DRIVE Action In committee IV The Chair referred to a communication from Anne Ellinwood concern- ing the death of Charles (Ted) Cohen, who operated Ted's Taxi Service in Tiburon. The Chair referred the letter with the sU9ges tions in rcg.aI.] to temporary taxi service to the staff their recommendations BUSINESS OF THE COUNCIL for stated the Council supports the recommendation of Anne Ellinwood that a letter be lvritten expressing the City's gratitude for this gift, and requested staff prepare such a letter, for the Mayor's signature, to be sent to Mrs. Simpson and flr. and Mrs. Bennett. Tiburon Boulevard weekdays from 7:00 a.m. until 9:00 a.m. until traffic signals are installed; and that the crossing guard for that time be terminated, coordinated with the placing of the police officer in the area. Question was called, and the motion carried: AYES: COUNCILNEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILHEN: None 9 MT. TIBURON UNIT #4 Action: Res. 496 adopted The Director of Community Development presented for approval Final I~lap for Nt. Tiburon Unit #4, advising that the conditions of the tentative map have now been met to the satisfaction of the City Attorney and the City Engineer. It was moved by Becker, seconded by Fanning, to adopt Resolution 496, accepting the Final Subdivision ~lay of Mount Tiburon Unit 4. To a question by Littman as to what offers of dedication are being rejected and why, the Director stated these are utility easements, whicll is standard language in final map resolutions. The City Engineer suggested if the City requests the subdivider to put in improvements like drainage, either the City or con- dominium associations be required to maintain it. In response to a question by the Chair, the City Engineer stated there are no drainage easements in the current subdivision before the Council. Question was called on the motion to adopt Resolution 496, and the motion carried: AYES: COUNCIL~1EN : Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILNEN: None ABSENT: COUNCILMEN: None At the request of Fanning, the Chair directed staff to prepare a report on the policy question of accepting or rejecting easements. 13. TWO LYFORD DRIVE CONDOMINIUMS Action: Res. 497 adopted FINAL MAP It was moved by Fanning, seconded by Becker, to adopt Resolution No. 497 approving tile Final Map of the Two Lyford Drive condo- miniums. Question was called, and the motion carried: AYES: COUNCILHEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 11. APPEAL OF PLANNING CO~~ISSION Action: Continued DENIAL FOR THE PRECISE PLAN APPROVAL OF 60 UNITS ON RED HILL Greystone Builders, Appellant The Director of Community Development presented the above appeal and stated the Planning Commission had denied application for Precise Plan approval on the basis that the project was too massive in appearance and scale. In response to a question by the Chair as to whether the project met all the requirements of the Zoning Ordinance, the Director CITY COUNCIL r.1INUTES NO 302 December 11, 1972 Page 9 CITY COUNCIL HINUTES NO 302 December 11 Page 10 , 1972 Dr. Handley requested because of the numerous hearings held in this matter, that the Council take action tonight on the appeal of the Board of Design Review decision. The Chair requested this matter be continued pending results of the hearing before the Board of Adjustments on December 18 in order that the whole project can be considered at one hearing APPEAL OF BOARD OF DESIGN REVIEW HANDLEY DUPLEX AT 2310 ~11AR EAST J. Coles, Appellant 10 DECISION In response to questions by the City Engineer, the Chair requested staff prepare a report on the project and its relationship to the rest of the Red Hill Community. The Chair directed the City Attorney prepare an answer to the ques- tion of whether the present property m~er has a legal obligation to abate whatever instable condition exists on the hill. It was moved by Littman to continue this matter. The Chair directed the staff prepare a report for the January meeting advising what developments are feasible for this area, considering the cost, and what alternatives are available other than at the private property owner's expense. The applicant agreed to the continuance and asked that their engineers be allowed to make a presentation to the Council. Littman stated by allowing no development on the hill, it could be deemed inverse condemnation and the City cannot afford to pay for the property or its stabilization. He urged the Council make a policy decision as to whether it wants to assume the responsibility for that property or inform the developer of the allowable density on the hill and cooperate in finalizing plans for its development. Aramburu referred to the unanimous vote of the Planning Com- mission rejecting the precise plans and questioned the Council's basis for overturning their decision. To a question by Fanning, the Director advised the Soils gave a full presentation before the Planning commission. Engineers Becker indicated concern over an application for precise plan approval being denied on the basis of aesthetics. He suggested an environmental impact report be prepared for review by staff and council. The City Engineer reviewed the preliminary investigation by Cooper and Clark, who concluded that area can be developed and the slide can be corrected at a great expense. Soils engineers have agreed the hill is not stable in its present conditions and must be stabilized. Mr. william Schramm, representing the applicant, presented drawings of the project and presented the application to the Council. Applicant Leonard Cahn, representing the owner, Mr Robert ~lcAfee, spoke to the slide problem and their analysis of how it should be handled. He gave the history of the hill and their plans for its stabilization. In response to a question by Littman acres are involved. the Director stated stated it would if the applicant had acquired an additional one and one-half acres of the Division of Highways right-of-way. otherwise, it would have to be reduced by three units. 4 .7 A general review of the matter was held, with Dr. Handley and his associates explaining the history of the project and Jerry Coles giving his reasons as to his objections. After further discussion, the Chair ruled that the matter be continued to the next meeting to allow more time for the Council to consider the matter. 12. TRANSFER OF PROPERTY ON CORINTHIAN ISLAND FROn THE CITY OF TIBURON TO THE CITY OF BELVEDERE This item was continued to January 8. VI. ADJOURmtENT It being n~~ the hour of 1:15 aom., December 12, 1972, and there being no further business to come before the Council, the Chair declared the meeting adjourned to January 8, 1973. u~aL BERT BAUmR, City Manager/Clerk APPROVED BY THE CITY COUNCIL ON: 1973. CITY COUNCIL MINUTES NO. 302 December 11, 1972 Page 11