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HomeMy WebLinkAboutTC Min 1973 (January thru March) CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER ~le regular meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Albert H. Sennett at 1:46 p.m., January 8, 1973, in the City Hall Council Chambers. II. hOLL CALL PRESENT: COUNCILI,IEN: Mayor Sennett, Aramburu, Becker, Littman, Fanning (8:05) ABSENT: COUNCILMEN: None EX OFFICIO: Bert Balmer, City Uanager Robert I. Conn, City Attorney Jesper C. Strandgaard, Deputy City Engineer Richard Arjo, Dir. of Community Development Hellen K. Hecht, Minute Clerk III. APPROVAL OF MINUTES No. 302 Action: Continued IV. BUSINESS OF THE COUNCIL 6. R-3 ZONE STUDY OF Action: Cont'd to Jan. 26 UNDEVELOPED PROPERTY On the advice of the Director of Community Development that the Planning Commission will not have its report ready in this matter until January 26, the Chair directed the matter continued to that date. 4. APPEAL OF BOARD OF DESIGN Action: Appeal denied REVIEW DECISION Handley Duplex, 2310 Mar East Street Gerry Coles, Appellant The Director of Community Development presented the above appeal, which matter had been continued from the December 11 council meeting. He stated the Board of Design Review approved the application for the duplex at its August 29 meeting; and on December 18 the Board of Adjustments uphold the staff decision and affirmed that the setback had been properly determined. The Chair advised ~~. Handley had furnished a complete file of exhibits in this matter. In response to a question by the Chair, the Director stated ~he requirements of the ordinance had been met. The Chair opened the matter for discussion from the public, and there was no response. notion of Aramburu, seconded by Littman, that the City Council upholds the decision of the Board of Design Review, denying the appeal of 14r. Coles, carried: AYES: COUNCILIvtEN: Aramburu, Becker, Littman, Sennett NOES: COUNCILI.JEN : None ABSENT: COUNCILl'-1EN : Fanning 2. TRANSFER OF PROPERTY ON Action: Res. 498 adopted CORINTHIAN ISLAND FROH THE CITY OF TIBURON TO THE CITY OF BELVEDERE The City Manager presented the p~tition of ten property owners on Corinthian Island to transfer the portions of their property CITY COUNCIL MINUTES NO. 303 January 8, 1973 Page 1 January Page 2 , 1973 CITY COUNCIL Becker objected to the wording in the proposed amendments as being unclear and requested a joint meeting be held with the Planning Commission for discussion thereof. UINUTES NO. 303 8 Littman requested this matter be continued for the reason that another amendment to the zoning ordinance will soon be before the Council, and he would prefer considering all three amend- ments at one time. DESIGN REVIE~.' AMENDMENTS TO THE ZONING ORDINANCE 1. AYES: NOES: ABSEl-tT COUNCILHEN COUNCILUEN COUNCILl.iEN . . . . . . Action Aramburu, Becker Fanning, Littman None Continued to Feb. 12 , On motion of Becker, seccrded by Aramburu, that Ordinance 109 N.S. be deemed to have passed second reading and be adopted, carried: Sennett / Littman noted for the record his disapproval of the ordinance in that it poses a burden on lots already subdivided as well as those authorized to be subdivided. He stated in his opinion the fair method would be to work out a city-wide drainage plan properly apportioned to all the City of ~iburon, as well as to the people in the Belvedere Lagoon who aggravated the problem by removing a portion of the bottom of Red Hill, causing silta- tion of the lagoon. Mr. Pete Seeward objected to properties already developed not having to contribute drainage fees. The Chair stated the ordinance cannot impose fees ratroactive on lands that have been developed. The City Manager advised if assessment dis- tricts are formed, then the assessment will apply to developed properties as well as undeveloped properties. In response to a question by the Chair pertaining to the letter written by the Bodians in which they expressed their objections to the proposed ordinance, the City Manager stated their concept of the ordinance was incorrect in that it is properties that are to be developed that will be affected by the proposed ordi- nance and not the properties already developed. An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ADDING CHAPTER l4A TO THE TIBURON MUNICIPAL CODE, ESTABLISHING DRAINAGE AREAS AND DRAINAGE FEES, having passed first reading, came on for second reading and adoption. s. DRAINAGE AREA ORDINANCE Action: Ord. 109 N .S. adopted At the request of Fanning, the Chair directed staff to prepare a report for the next meeting in regard to the possibility of transfering to the City of Tiburon the portion of the yacht club at the foot of Corinthian Island which is in Belvedere AYES: NOES: ABSENT COUNCILMEN COUNCILIvIEN COUNCIU-1EN Aramburu None Fanning , After discussion, motion of Becker, seconded by Aramburu, to adopt Resolution 498 approving transfer of territory from the City of Tiburon to the City of Belvedere, carried: Becker, Littman , Sennett now located in the City of Tiburon to the City of Belvedere. He stated in each case the house on the property fronts on a Belvedere street and the back portion is in Tiburon. He stated the revenue loss by this transfer would be minimal. January Page 3 8, A recess 9:07 p.m CITY COUNCIL was taken at 8:55 p.m. ., the roll standing as NINUTES NO. the Council reconvening at originally taken. 303 1973 , RECESS Referring to Internal Revenue Service Forms 1040, Fanning sug- gested a card be sent to each resident of the City of Tiburon reminding them to fill out the name of their community on the form to insure that Tiburon receives its proper share of Federal funds. The Chair directed staff prepare a cost estimate on sending out such cards To a statement by Mr. Herbert Wenig about the public hearings not being properly advertised to the public, referring speoif~5 cally to Hilarita, the Chair ruled Mr. Wenig out of order and requested this matter be taken up when Item 13 is discussed. (1.0 ex a.TY)f> I e;, AYES: NOES: ABSENT: v. COUNCI LHEN COUNCILl~mN COUNCIIJ.lEN . . . . . ITEHS NOT ON THE AGENDA Aramburu, None None Question was called on carried: Becker, Fanning , Littman, Sennett: the motion of Littman, Becker spoke to the question of granting use permits, and urged future applications for use permits be summarily granted since review of the applicants' individual projects will be taken up at a later date. The City Attorney stated the reason for granting use permits is so that each parcel can be judged as to whether it would be in agreement with.the Open Space Plan. and the motion With the consent of Littman Becker amended the motion to include the Planning Commission and the Open Space Committee. Motion of Littman, seconded by Becker, that tilis matter be referred to the Planning Commission for its report and recom- mendations, to be returned to Council on February l2. Planning Commissioner Robert Wayne requested this matter be referred to the Planning Commission and Open Space Committee before Council takes final action as the area in question has been under consideration for rezoning. The City Manager presented the above request, which had been continued from November 27, 1972, pending a report from the open space committee. The Director stated the matter to date has not been before the Planning Commission or the Open Space Committee. USE PERMIT APPLICATION FOR RO-2 SUBDIVISION WITHIN OPEN SPACE HORATORIUr-I R. Ham, Applicant Ref'd to Planning Com. & Open Space Committee 3 Action: After further discussion, the Chair directed this matter referred to the Lands and Development Cc~ittee, to be returned to Council on February 12, at which time the three amendments to the Zoning Ordinance will be discussed. Becker expressed his objection to the matter being referred to a committee rather than being considered by each individual councilmen. Littman suggested consideration be given to changing lant procedures of the zoning ordinance. the appel- The Chair suggested councilmen submit in writing any corrections they may have in regard to the amendments to the zoning ordi- nance, to be reviewed by the Planning Commission and the Council. . ". . .1AAuary:. ~age 11 8 , 1973 CITY COUNCIL Littman urged no further action be taken on park dedication fees but that donations be accepted for the housing element. The City Attorney advised since there was no housing element, the City could not accept donations for the Housing Element. l1INUTES NO 302 It was moved by Fanning, be lifted from the table. seconded by Aramburu Messrs. Knoll and Schmidt indicated their willingness participate in donating funds to the housing element. , that the matter to also Mr. Harry ~tiller, representing flarinero, stated that if the Council would reduce the fees to the 5 percent formula, his client would be willing to donate to the City the amount of the in-lieu fees for its housing element should it be ruled unlaw- ful to collect moneys for park dedication fees Mr. John Hoffmire urged the Council pass an interim ordinance providing for the 5 percent in-lieu fees. Mr. Tom Knoll, repre- senting Harbor Hills, also urged the 5 percent fee be imposed. \, 14r. Schmidt reiterated his request to the Planning Department that they be allowed to pay the fee according to the current formula, and if the fee is increased or decreased, they either pay more or receive a rebate. The Chair referred to the City Attorney's ruling against retroactivity. In response to a question by l1r. Paul Schmidt, the Chair stated it had been Littman's interpretation that the new legistlation would enable an applicant to wait until March, at which time he could resubmit his application for condominium conversion and no fees would be required. "Fanning indicated concern with the fair market value, and Aramburu moved, seconded by Fanning, to table the ordinance. .. "Littman then moved, 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 recently by the County Assessor.' Becker then moved, seconded by Littman ordinance be deemed to be adopted. that the emergency On motion of Becker, seconded by Littman, full reading of the ordinance was waived and the ordinance was read by title only. At the request of the Chair, the City Manager read from the minutes of December II the action taken in this matter, being as follows- In response to a question by Littman, the City Attorney stated no fees can be collected for providing low or moderate housing until a housing element is adopted by the City. An ordinance entitled A!~ ORDINANCE OF THE CITY OF TIBURON ~mNDING CHAPTER l4 OF THE TIBURON MUNICIPAL CODE, having been tabled on December ll, came on at this time for Council's consideration. The City Manager presented an analysis of the report, as requested by Council. DEDICATION OF LAND &~D/OR FEES Action Emer. Ord. FOR PARK & RECREATION PURPOSES AS adopted RELATED TO CONDOHINIUNS AND HOUSING ELENENT 7 v. BUSINESS OF THE COUNCIL 110 N.S January Page 5 CITY Aramburu urged the matter be continued in order that Mr. Price at HUD be contacted for further information on the chances of Tiburon's getting funds in 1973; and that the Housing Authority be contacted for their comments. He further suggested the matter be sent to the Parks and Recreation Commission for their sug- gestions. He stated he would object to removing the land from open space classification. Beck;~r supported Aramburu in his suggestions, and favored the Cit}.is buying the land itself, if necessary. COUNCIL HINUTES NO. 302 8, 1973 Fanning suggested this matter be continued until the resolution of the court proceedings re the Hilarita project; and if the project goes through, at that time a new application be submitted to HUD for matching funds. The City OPEN SPACE APPLICATION REED SCHOOL PARK Manager presented the staff report in this matter. 8 AYES: NOES: ABSENT COUNCI Ll'..1EN COUNCILl'IEN COUNCILr1EN . . . . . . Aramburu None None Action: Referred to staff Question was lION. S ., as , called on the motion to adopt Emergency Ordinance amended, and the motion carried: Becker, Fanning , Littman, Sennett Fanning accepted in his motion the City Attorney's amendment to change the title of the ordinance to uAN URGENCY ORDINANCE OF THE CITY OF TIBURON AMENDING CHAPTER 14 OF THE TIBURON CITY CODE; II and the amendinent to Section 4, to read: "This ordinance shall take effect immediately upon its passage as an urgency ordinance enacted pursuant to SE;ction 36937 of the Government Code of the State of California, the City Council finding that the immediate preservation of the public peace, health and safety require immediate effectiveness:~.in order to . . ., II with the remaining languago to be taken from the motion of Fanning. The Chair stated the Council is taking into account the considera- tion made on behalf of the owners of the condominiums that they will accept this amendment in lieu of challenging the legality of imposing any fees on the conversion of condominiums. It was moved by Fanning, seconded by Ararnburu, that the Council find this as an urgency matter because of the delays which have occurred through the holidays and because of pending con- struction desires of the builders involved and the desires of the residents in some of these projects to settle the matter. In response to a concern about fair market value, the City Manager responded he had been advised by tile tax assessor that the actual land value does not change with conversions to condominiums since the appraisal is based on the zoning. AYES: NOES: ABSENT COUNCILMEN COUNCILI:.1EN CQUNCILr.mN . . . . None Aramburu None , Becker, Fanning , Littman, Sennett Question was called on the motion by Littman, to amend tile ordinance, and the motion failed made on December 11 The Chair read the ordinance in its entirety AYES: NOES: ABSENT COUNCILNEN COUNCILI"ffiN COUNCILHEN . . . o . Aramburu, Fanning Becker, Littman None Question was called, and from the table, carried: the motion , that the matter be lifted Sennett Littman requ~sted staff be directed to determine if the Housing Authority is still willing to sell the land to the City of Tiburon at the price of $36,000, whether or not HUD gives a grant; and the length of time for which they would be willing to hold this offer open. The Chair directed staff to get more precise information as to the intentions of the Housing Authority; further inquiry be made of HUD in regard to future grants should the appeal be denied; an analysis of the status of the lawsuit; projections as to when they anticipate the results of the appeal. He directed this matter be returned to Council in February or l-1arch, or whenever the lawsuit is resolved. 9. FINAL MAP - MARINERO HEIGHTS CONDOMINIUM Action: Res. 499 adopted The Director presented the Final Map for the Marinero Heights Condominium for approval. It was moved by Becker, seconded by Aramburu, to adopt Resolution 499 approving the Final Map for 11arinero Condominiums. The City Attorney amended the resolution in the fourth paragraph, line 2, to read: u o . . be accepted and approved but not to be recoreded until the fOllowing conditions have been satisfied:u Littman amended Condition 3 to read: "3. Payment of in-lieu park and recreation fees as required by Chapter 14 of the Tiburon Municipal Code, as amended by Emergency Ordinance llO N.S." Question was called, and the motion, as amended, carried: AYES: COUNCILr'IEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILHEN: None 10. DESIGNATION OF NO-PARI<ING AREI.S Action: Res. 500, 501 adopted Motion of Fanning, seconded by Becker, to adopt Resolution 500, creating a "no parking" area on the northwest side of Avenida ~lira Flores southwest of Del Mar School Driveway, carried: AYES: COUNCILHEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUNCIU1EN: None Motion of Aramburu, seconded by Becker, to adopt Resolution 501, creating a uno parking" area on the easterly side of Reed Ranch Road in the vicinity of Greenwood Court, carried: AYES: COUNCILMEN: Ararnburu, Becker, Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILHEN: None 11. CLAI~1 FOR PERSONAL INJURY Action: Claim denied Motion of Aramburu, seconded by Becker, to accept the City Manager's recommendation that the claim from Mr. Eric J. Schmidt be denied and referred to the City's insurance carrier, carried: All Ayes. 12. SETTING HEARING TO SHOW CAUSE Action: Set for Jan. 22 The City Manager presented the staff report in the nuisance abatement of structure in violation of zoning ordinance, located at 7 Corte Las Casas, owned by Ro Hiller. There being no objection, and the Council being satisfied that Hr. Hiller had been notified of the nuisance, the Chair set the hearing for January 22, 1973 CITY COUNCIL MINUTES NO 302 January 8, 1973 ~a~e 6 13. HILARITA PRECISE PLAN STATUS REPORT The Director reported the Planning Commission has set a special meeting for Wednesday, January 10 for reviewing the Precise Plans for the Hilarita Housing Project. To a question by the Chair, the Director stated it is his opinio~ there have been sufficient changes in the precise plan so that the staff could not approve the plan as submitted, and therefore he has submitted them to the Planning Commission and Council for consideration of the changes. Mr. Wenig reiterated his stand that the public had not been given sufficient notice of the hearing to be held by the Planning Commission on Wednesday, January 10. To procedural questions, the City Attorney stated the Precise Plan must be in conformance with the Master Plan; if the Planning Commission finds the plans submitted not in conformance with the Precise Plans, the drawings could either be changed to be brought in conformance with the Precise Plans or the Precise Plans could be modified, so long as it is not in conflict with the Master Plan. After extensive discussion on whether or not proper notice had been given, the City ~lanager stated in his opinion there had been sufficient and proper notice. The matter had been agendized by the Planning Commission on January 4 not to take action but to give notice of a future hearing. l4. CASH FLOt"l 16. POLICE REPORT - NOVE~mER l7. DEVELOPHENT ADHINISTRATOR' S REPORT - NOVEI-mER, DECEIvIBER The Chair accepted the above reports. l4. REltrSTER OF CLAII1S On motion of Fanning, seconded by Littman, Register of Claims l01 was adopted: AYES: COUNCILMEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCIIJw1EN: None ABSENT: COUNCILMEN: None VI. QUESTIONS Becker informed the Council that he intends to introduce a resolution at the next meeting regarding the Vietnam conflict. VII. ADJOURNHENT It being now the hour of 10:45 p.m., and there being no further business to come before the City Council, the Chair delcared the meeting adjourned sine die. ~ f ( 4 dhL__ BERT BALM " ity Manager/Clerk APPROVED BY THE ~~ COUNCIL ON: , 1973. CITY COUNCIL MINUTES NO 303 January 8, 1973 Page 7 CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meet.ing of the City Council, City of Tiburon, St.at.e of California, was called to order by Mayor Albert H. Sennet.t. at 7:40 p.m., Januaxy 22, 1973, in the City Hall COuncil Chambers. II. ROLL CALL PRESENT: COUl'fCILMEN : Mayor Sennett, Aramburu, Becker, Fanning, Littman (10:30) ABSENT: COUNCILMEN: None EX OFFICIO: Bert Balmer, City Manager Robert L. Kleinert, Ass't City Manager Richard H. Breiner, Deputy City At.~orney Stanley Bala, City Engineer Richard Arjo, Dir. of Communit.y Dev. Phil V. Scott, Development Administrat.or Louis F. Brunini, Supt.. of Public Works Hellen K. Hecht, Minute Clerk III. APPROVAL OF MINUTES No. 302 Action: Approved as corrected There being no objection, the Chair waived reading of Minut.es 302. Aramburu corrected page 7, paragraph 7, line 7, to read "$1,079 per acre. . If . On motion of Fanning, seconded by Becker, r.Sinutes 302 of December 11, 1972, were approved as corrected. No. 303 Action: Approved as correct.ed There being no objection, the Chair waived reading of Minutes 303. The Chair st.ated in regard to Item 4, the record should reflect that during the evening correspondence was received from Mr. Gerry Coles explaining the reasons for his absence, as well as presenting arguments against the approval of the project. Fanning requested the minutes be changed on page 3, under ITEMS NOT ON THE AGENDA, to reflect Hr. Wenig referred as an example, and not specifically, to Hilarita. On motion of Becker, Minutes No. 303 of January 8, 1973, were approved: AYES: COUNCIUtEN: Aramburu, Fanninq, Sennett NOES: COtJNCIIJ.1EN : Becker ABSENT: COUNCILUEN: Littman The Chair questioned staff on whether a determination had been made as to the administrative feasibility of sending out post- cards to residents of the City of Tiburon remindinq them to show Tiburon as the name of their community on Internal Revenue Service Forms 1040. The City Manager reported the cost would be approxi- mately $200 plus staff time. He stated in his opinion, because of the recen~ articles published in the newspapers, it would not be necessary t.o send out the cards. Fanninq expressed concern over the fact that the IRS forms show as a mailing address ItBelvedere- 'l'iburon," and for brevity, ItTiburonlt might be omitted. The Chair requested staff investiaqe the possibility of using the Mill Valley Refuse Service mailing to send out notices. CITY COUNCIL MINUTES NO. 304 January 22, 1973 Page 1 . IV BUSINESS OF THE COUNCIL 1. IiILAIlITA Action: Cont'd to Feb. 14 The Chair rescheduled this matter for February 14 as Littman and Fanning will not be available for the February 6th date. 2. HEARING TO SHOW CAUSE Action: Res. 502 adopted NUISANCE ABATEr-mNT OF STRUCTURE IN VIOLATION OF ZONING ORDINANCE 7 Corte Las Casas, R. Miller 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 at 7 Corte Las Casas. The Mayor directed that Phil V. Scott be sworn and called as the first witness. 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 l.ir. Richard ~tiller, owner of the property in question. Mr. Scott testified I~. Miller had been advised that the structure was a nuisance in that it exceeds the height of the Zoning Ordinance and should be removed. ~~. Scott read the staff report dated January 22, 1973, in its entirety. 1~. Thomas of 5 Corte Las Casas was recognized and spoke against the structure at 7 Corte Las Casas and urged its abatement. The Chair inquired if anyone else had any evidence to present: it was noted there was no response. Motion of Aramburu, seconded by Becker, to adopt ResoluiicnS02 finding that the structure located at 7 Corte Las Casas is a public nuisance and ordering its abatement, carried: AYES: COUl~CIU.mN : Aramburu, Be~ker, Fanning, Sennett NOES: COUNCILHEN: None ABSENT: COUNCIL1-mN: Littman QUESTIONS FROM THE CHAIR The Chair questioned the status of the nuisance abatement with respect to the abandoned building at 1885 Paradise Drive. Fanning advised the railroad will assume effective control of the property on or about the first of the month and have requested the Council delay action until that time when they will demolish the building. The Development Administrator reported the building has been secured. The Chair requested a staff report on this matter in March. The Chair questioned the status of the nuisance abatement on the fill and fence on Esperanza Lane area adjacent to the Dal Bon property. The Development Administrator reported some work has been done but not to the satisfact:ton of the City as far as drainage is concerned. The Superintendent of Public Works recommended the fill be removed by the City and the cost be charged against the property. The Chair directed a staff report be prepared for the February 13th meeting. CITY COUNCIL MINSTES NO 304 January 22, 1973 Page 2 January Page 3 CITY COUNCIL TlBt the staff for long-term HINurrES investigate a suitable insurance liability. II NO 304 22, 1973 "4 With tile consent of to include: 1 2 3 . . . Aramburu and Becker, The density ramification be investigated, especially in regard to adjoining property; That architectural treatment be considered; Consideration be given to implementing the City Engineer's recommendations. Fanning amended the motion Motion of Aramburu, seconded by Becker, that the Council reject the appeal of the Planning Commission denial for the Precise Plan approval, without prejudice, and that this matter be returned to the Planning Commission with the following points outlined: Aramburu agreed he would favor the first plan Becker requested the record reflect he would favor the first plan, and in his opinion the differences between the two plans were made to satisfy a council and are not necessarily improvements to the project. He requested Council specify their main concerns; and if it is to solve the slide problem, the issue of density will follow. To a question by the Chair, the Director stated he is satisfied that there have been substantial alterations to the plans, and he would therefore recommend the matter be returned to the Planning Commission for architectural review, along with the question of R-3 development for this area. Mr. vlilliam Schramm presented drawings of the original and revised plan and explained the minor revisions to the Council. In response to a question by the Chair, ~lr. Cahn stated adjacent property owners have declined to work with them to coordinate plans for the develop- ment of the hill. Mr. Schramm stated because of the condition of the slide, they are very desirous to start work to stabilize the hill as soon as possible, which will also benefit the adjoining properties. Mr. Leonard Cahn, the appel~ant stated the Council at the last meeting requested certain reports, which had been prepared by City staff and the appellant, and he requested they be given the oppor- tunity to present to the Council their revised plans. Fanning stated the property before the Council should be considered separately from the remaining 20 acres because of the slide problem, and suggested for that reason the proposed development be approved in order that the slide problem can be resolved. In response to questions by the Chair, the Director stated 200 units are being proposed for the remainder of the area of Red Hill, on approximately 20 acres of land. The Chair suggested the basic question that must be resolved by the Planning Commission and the City Council is whether or not the present multiple zoning is appro- priate for Red Hill, and this must be resolved before anyone indi- vidual plan is considered. The City Manager presented the above appeal, which had been con- tinued from December 11 in order that staff may prepare addi- tional reports for the Council. The Director of Community Develop- ment presented the staff report with the recommendation that the matter be referred to the Planning Commission on the basis of the revisions made to the plans. 3 APPEAL OF P~~ING CO~R4ISSION DENIAL FOR PRECISE PLAN APPROVAL OF 60 UNITS ON RED HILL Action Appeal denied January Page 4 , CITY COUNCIL In response to a request by Mr. Bryan Chapman and lirs. Polly Smith that the City coordinate its efforts with the Cities of Corte Madera and Mill Valley, the Chair suggested the City of Tiburon first adopt its resolution and then circulate it to the surrounding communities urging they adopt similar resolutions. HINUTES NO. 304 22 1973 Mr. George tVhitman supported the proposal, but requested the Council also make a positive recommendation that the Ring ~lountain area be included within the County Open Space program; and also that the City recommend to the County that the County Attorney undertake to define and clarify all existing public rights in the public areas which are substantial. The Mayor stated he will write a letter on behalf of the Council to the County asking that they not approve any substantial new subdi- visions on the Tiburon Peninsula, and particularly Ring ~lountain, until they have completed studies with respect to the overall land uses of these areas; and, secondly, that the County advise the City of the criteria in which they evaluate applications for subdivisions . Aramburu read a letter ,t'l7ritten by Hr. tierner Von Gundell to the City of Tiburon, responding to a letter written by the Mayor, in which he agreed with the Hayor,. that the zoning of the City and the County must be brought into con~6rmance; and advising that the Board of Super- visors has directed the Planning Department pursue this project as a high priority item. Mrs. Polly Smith spoke of the problems of sewage and water for the Paradise area and agreed with Mr. Loomis that a plan for the whole area must be developed, with consideration given to what qpen.;space is desirable. The Director agreed no plans should be approved for the area until there is an approved p13n for this agreed to by the City of Tiburon and the County of Marin. ~~. Donald Loomis presented a map to the Council showing development proposed for Ring Mountain in the last three months. He urged the Council request the County to put a moratorium on construction for this area until a plan for all the areas on Ring Mountain has been developed. Mr. Donald Batten expressed the appreciation of the residents of Belveron and the surrounding areas for the City's action concerning the purchase of the parcel of land which will enable the cre~ion of the Velveron mini-park. He stated when work is started on the park they would like to have a ground-breaking ceremony with the Council and City staff present. A recess 9:00 p.m V. was taken at 8:50 p.m. ., the roll standing as PUBLIC QUESTIONS ~~D COMMENTS the Council reconvening at originally taken, , AYES: NOES: ABSENT COUNCILI4EN COUNCILHEN COUNCI LHEN . . . . . Aramburu, None Littman RECESS Becker , Fanning , Sennett Question Becker requested the minutes reflect the Council shows no preference for either plan. \'1as called , and the motion , as amended , carried: At the request of the Chair, Aramburu amended Item I of his motion to include, after lIadjoining property," IIwith special consideration being given to the appropriateness of R-3 zoning." January Page 5 CITY COUNCIL The Chair directed consideration of Porto Marino be continued until receipt of the report from the Open Space Committee. Becker referred to the master circulation plan being prepared by the City Engineer HINUTES NO 304 22 , 1973 At the request of Fanning, the Chair directed staff determine the ownership of Upper Hacienda Drive, and include this in the report to be prepared on Lrnver Hacienda Drive. Aramburu proposed a resolution that the Council go on record as opposing the development of Upper Hacienda, consistent with the recommendations of the Open Space Committee. Becker requested that discussions in this regard be postponed until Littman is present and has had tile opportunity to offer his report on Hacienda, which deals with the upper portion. AYES: NOES: ABSENT COUNCILNEN: COUNCILHEN: COUNCILHEH: Aramburu, None Littman Becker, Fanning, Sennett Question It '-1as moved by Fanning, seconded b? Aram':>uru, that the staff be instructed to proceed with the necessary paperwork for the City to acquire that portion of Hacienda Drive between Geldert Drive and Trestle Glen which is not nO'-1 in the possess.ion of the City; and that as soon as this can be accomplished, the Public Horks staff take \~lat action they can to improve the safety factor; and that the staff further advise the Council in connection with the upcoming budget what long-term steps are necessary at this point to bring the street up to such standards to keep the maintenance costs to a minimum. \'las called, and the motion carried: The Chair requested staff check the records to determine if lire Bostick has ever made an offer of dedication to the City on Lower Hacienda in the past. The City Attorney advised a title report has been obtained last summer and there are judgments against the property. In response to a question by the Chair, the City i1anager stated the City can spend gas tax moneys for maintenance purposes on a street that is not on the select street system, but not for construction of streets. The City Engineer stated the maintenance work he is recommending for Lower Hacienda would be allowable for gas tax moneys Mr. Harold Edelstein, president of the Tiburon Ridge Association urged the Council take action as recommended in their letter of January 19. , In response to a question by Aramburu on who owns Lower Hacienda Drive, the Assistant City i1anager stated he has spoken to ~tr. Benton Bostick, the O'-1ner of both Upper and LO\'Ter Hacienda, and he has indicated his willingness to dedicate the l~ver portion to the City; but on the upper portion, he is waiting until the City has more definite plans on open space acquisition. Becker presented his report in this matter to the Council, together with the report and recommendations of the Tiburon Ridge Associa- tion dated January 19, 19730 He sLated the Public Services Committee is in agreement with the recommendations of the Association tl1at the City take title to the lower portion of Hacienda Drive and renovate tile road to a reasonable level of safety and quality. 4 HACIENDA DRIVE Action Sent to staff IV The Chair directed staff draft a resolution in this matter for the next meetingo BUSINESS OF THE COUNCIL and suggested no decision on Porto Harino be made until the circu- lation plan is completed. 5. RESOLUTION TO REPRESENTATIVES Action: Res. 503 adopted IN CONGRESS Becker read to the Council a resolution he had prepared, and moved, seconded by Aramburu, to adopt Resolution 503, a Resolution of the City Council of the City of Tiburon to the Elected Repre- sentatives in Congress Concerning the Conflict in Southeast Asia. Fanning expressed support for a resolution to Congress promoting peace, but disagreed with the context of the resolution prepared by Becker. He moved to amend the resolution to read: "WHEREAS, we the members of the Tiburon City Council did campaign through the City explaining our views on international affairs to the citizens of Tiburon; and "WHEREAS, the voters of this City, agreeing on our stated positions and acknowledging our expertise in international affairs, elected us to be their spokesmen," Motion died for lack of ~ second. Fanning stated he could support a resolution simplified as follows: "WHEREAS the war in Southeast Asia has gone on long enough, "NOt"1, THEREFORE, BE IT RESOLVED, that the City of Tiburon does ask the elected representatives of the people to bring an end to the grief and destruction." Mr. Don Batten spoke against the proposed resolution by Becker. [Councilman Littman arrived a~ 10:30 p.m.] Li ttman spoke against the counc:tlFt~n becoming involved in partisan politics. He moved, se~cnded by Penning, to table the matter. r.-lotion f ai led: AYES: COUNCILHEN: Fanning, Littman NOES: COUNCILHEN: l\,rc.:.iltburu, Becker, Sennett ABSENT: COUNCILl.lEN: Nc.ne Mrs. Sharon Marshall and Mr. David Wilner urged the Council adopt the resolution. Motion of Littman, scconde~ by Fanning, to amend the resolution by adding, after the fourth paragraph, the following: "That the Tihuron City Council express its appreciation for the efforts now being made by the President and by the presidential advisor, Mr. Kissinger, to sign a peace agreement in Paris.1I Question was called, and the motion carried: AYES: COUN'CILNEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILHEN: None with the consent of Becker and Arnmburu, Fanning amended the resolu- tion to delete from paragraphs 2 and 4, after "WHEREAS," the word "our." Motion of Fanning, seconded by Li.i~.t.man, to strike the third WHEREAS paragraph completely, failed: CITY COUNCIL MINUTES NO 304 January 22, 1973 Page 6 AYES: COUi'JCILHEN Littman, Fanning NOES: COUNCILI lEN Aramburu, Becker, Sennett ABSENT COUNCILNEN None Question was called on the motion to adopt Resolution 503, as amended, and the motion carried: AYES: COUNC I LllEN : Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILllEN: None ABSENT: COUNCILllEN: None 6. LM~ES fu~D PATH ACQUISITION POLICY The City 11anager presented his staff report in this matter to the Council, t'lith the recommendation that a number of the lanes and paths adopted in the master plan be taken directly by the Council in terms of a resolution stating they have come into public ownership. Deputy In response to questions by Becker, the/City Attorney stated there would be no change in city policy as far as rejecting drainage e~sements. After discussion, it was moved by Fanning, seconded by Aramburu, to accept the report of the City Manager and adopt the procedures outlined in that report. In response to a question by Dr. George Ellman about lanes that are now driveways, the City Ilanager stated staff will carefully research the paths and then bring in a resolution that specifically names the lanes and patl1s the City wishes to acquire. Hr. Peter Arnold referred to a report prepared by the Parks and Recreation Commission in regard to the paths and lanes in old Tiburon, and suggested this report be taken into consideration. Becker suggested a comprehensive report such as this be prepared for the entire city. Question was called, and the motion carried: AYES: COUNCILI'lEN : Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILI<IEN: None ABSENT:: COUNCILBEN: None 7. STATE OF THE REVENUE REPORT The City Hanager presented his staff reports on (a) Six-Honth Statement on Revenues, (b) Federal Revenue Sharing, and (c) Effect of SB 90 (Property Tax Relief). The City l1anager recommended construction of the tennis courts be funded from the Parks and Recreation Capital Improvements fund. It was moved by Becker, seconded by Aramburu, to accept the reports submitted by the City llanager and direct the staff to return on February 13 with the Joint Powers Agreement with the Reed Union School District for the construction of tennis courts at the Del Bar school site. I\-'lotion carried: AYES: COUNCILHEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUHCIIJ1EN: None ABSENT: COUNCILNEN: None 8. DESIGNATION OF HISTORICAL LAND~mRKS Action: Res. 504 adopted An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ADDING CHAPTER 13B TO THE TIBURON I1UNICIPAL CODE TO PROVIDE FOR THE PRESERVATION OF HISTORIC LANDl1ARKS, came on for introduction and first reading. CITY COUNCIL UINUTES NO. 304 January 22, 1973 Page 7 The Deputy City Attorney recommended Council adopt a resolution of intent rather than having the proposed ordinance go through first reading, and the matter be sent to the Planning Commission as it is an amendment to tile Zoning Ordinance. The Chair read a l~tter from LIre Gordon Strawbridge suggesting that the officers of the Belvedere-Tiburon Landmarks Society be con- sidered as the advisory committee to tile Council. It was ,moved by Fanning, seconded oy Becker, to adopt Resolution i~o . 504, ~ Resolution of the City Council of its Intention to Adopt an Ordinance Preserving Historic Landmarks; and that the Planning Cpfumission be requested to set public hearings on this matter at the earliest possible date. Littman questioned the Council's legal rights of declaring a person.s private property as a landmark, and questioned the advisa- bility of the landmarks advisory committee having this authority. The Deputy City Attorney stated the ordinance l'l7ould impose restric- tions on the use, repairs, alterations, and demolition of property designated as a landmark, and the landmarks committee would only make recommendations to the Council on what structures should be designated as landmarks. Public hearings must then be held. He stated Section 37361 of the Government Code expressly authorizes the enactment of this type of ordinance. Question ~'I7as called, and the motion to adopt Resolution 504 carried: AYES: COUNCILIlEN :: Aramburu, Becker,Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILHEN: i~ one 9 ACCEPTlli~CE OF STREET Action: Res. 505 adopted IHPROVEi.IENTS AT #2 I-L2\.IN STREET 110tion of Becker, seconded by Aramburu, that the Council accept the City Hanager's recommendations and adopt Resolution 505 accepting imp+,ovements at 2 I1ain Street, carried: AYES:: COUNCILl.iEN : Aramburu, Becker, Fanning, Littman, Sennett HOES: COUNCILlIEN: None ABSENT: COUNCILUEN: None lO. SEHER EASEHENTS FOR RICHARDSON BAY SANITARY DISTRICT Motion of Becker, seconded by Littman, to accept the easements as outlined in the City Hanager's report of January 22, carried: All Ayes. 12. CLAII-1S REGISTER Action: Adopted I'lotion of Becker, seconded by Aram aIru, to adopt Claims Register No. 102, carried: AYES: COUNCILHEN: Aramburu, Becker,Eanning, Littman, Sennett NOES: COUNCILI-lEN :: None ABSENT: COUNCILIIEN :: None CASH FLOt'J - DECEHBER POLICE REPORT - DECErmER On motion of Becker, seconded by Littman, the Chair accepted the above reports 0 In response to a question by Aramburu about the review of the police operations by the Council, the City ~Ianager recommended that this be done at the time of budget hearings. CITY COUNCIL NINUTES NO 304 January 22, 1973 Page 8 VII EXTRA BUSINESS - The City }1anager reported the County Planning Commission is holding a special public hearing on the Marin Countywide Plan on January 29, 1973, at 1:30 p.m. In response to a question by the Chair on the matter of trans- ferring to the City of Tiburon the portion of the Corinthian Yacht Club which is in Belvedere, the Assistant City Manager reported the Conunodore of the club indicated their attorney advised the Board of Directors in his opinion there are no advantages to the transfer. The Assistant City 11anager suggested preparing a proposal to send to them for consideration. VIII. EXECUTIVE SESSION At 11:30 p.mo, the Chair adjourned into Executive Session to discuss appointments to the Planning Commission. IX. ADJOU RL~I~1ENT It being now the hour of p.m., and there being no further business to come before the Council, the Chair declared the meet- ing adjourned sine die. ~ ff~ BERT BAL. R, City Hanager/Clerk AP HE CITY UNCIL ON: 13th , 1973. - t{tAJ riA OF TIBURON CITY COUNCIL MINUTES NO 304 January 22, 1973 Page 9 CITY COUi-JCIL CITY OF TIBURON I. CALL TO ORDER Th~ regular meeting of the City Council, City of Tiburon, State of. California, "las called to order by Hayor Albert H. Sennett at 7:47 p.m., February 13, 1973, in the City Hall Council Chambers II. ROLL CALL PRESENT: COUNCILHEN: 11ayor Sennett, Aramburu, Becker, Fanning, Littman (8:30) ABSENT: COUNCILI.ffiN: None EX OFFICIO: R. L. Kleinert, Assistant City Nanager Robert I. Conn, City Attorney Richard Arjo, Dir. of Community Dev. Jesper C. Strandgaard, Deputy City Engineer I.ouis F. Brunini, Supt. of Public t'Jorks Hellen K. Hecht, i1inute Clerk III. APPROVAL OF MINUTES Ho. 304 Action: Approved as corrected It was moved by Becker, seconded by Fanning, to approve rlinutes No. 304 of January 22, 1973. Aramburu requested the follo~ling corrections: The final paragraph on page 1, in the next-to-the-last sentence, the spelling should be corrected to Uinvestigate.u On page 3, paragraph a should be deleted, which reads, "Aramburu agreed he would favor the first plan." Fanning requested paragraph 3 on page 3 be corrected to read: "Fanning recommended the property be considered as one unit, but if this is not possible, then the property before the Council be considered separately from the remaining 20 acres because Ii 0 . 0 Question ~'I1as called, and the motion to adopt Hinutes No. 304, as corrected, carried: AYES: COUNCILi-lEN : Ar~~uru, Becker, Fanning, Sennett NOES: COUNCILHEN: i-Jone ABSENT: COUNCILHEN: Littman IV. BUSINESS OF THE COUNCIL 1 P~VISIONS TO SIGN ORDINfu~CE Action: Ord. passed 1st reading An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON Ai~1ENDING SECTIONS l6A-2 AND l6A-4(g) 2 OF THE TIBURON CITY CODE, carne on for introduction and first reading. On motion of Becker, seconded by Aramburu, and there being no objection, reading of the full ordinance Vlas 'vaived and the ordi- nance was read by title only. It was moved by Ararnburu, seconded by Becker, that the ordinance be deemed to have passed first reading. In response to a question by Becker about tile comments made in this matter by the Planning Commission, the Director of Community CITY COU~~CIL HINUTES NO 305 February 13, 1973 Page 1 Development stated the proposed amendments ~lere made by the Board of Design Review and accepted by the Planning Commission. After discussion, question ~vas called and the motion carried: AYES: COUNCILI-IEN: Aramburu, Becker, Fanning, Sennett NOES: COUi-JCILHEN: None ABSENT: COUi~CILIlEH : Littman 2 . &3.DESIGH REVIEO AJJENDHEHTS TO THE ZONING ORDINAi'JCE 4 ZONING ORDINANCE AI-1ENDl<'1Ei~T SECTION 20 - REORGANIZATION OF THE BOARDS OF ADJUSTHENT AND DESIGiJ REVIEW An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AI.IEHDING ORDINANCE NO. 9 i~. S., THE ZONING ORDINANCE, BY NffiNDING SECTIOH 11 DESIGN REVIEt1, came on for introduction and first reading. Becker recommended the Parks and Recreation Commission be authorized by statute to report to the City Council on the interrelationship. between buildings; that a Board should not be created that is less equal than the others, referring to the proposal that the Board of Design Review be composed of citizens and Commissioners; and that the City require economic work sheets be prepared for each new development. After discussion, at the request of Fanning, the Chair directed the ordinances pertaining to the composition of the Board of Design Review be taken up after determination of ,~hether or not there will be design review of every single house in the community An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON N.ffiNDING ORDINANCE NO.9 NoS., THE ZONING ORDINN~CE, BY ADDING A NEW SECTIOl~ 11-1, PROVIDING FOR SITE PLM~ N~D ARCHITECTURAL APPROVAL, came on for introduction and first reading. On motion of Becker, seconded by Fanning, and there being no objection, reading of the full ordinance was waived and the ordi- nance was read by title only. It was moved by Aramburu, seconded by Fanning, that the ordinance be deemed to have passed first reading. It was moved by Becker, seconded by Fanning, to delete Section H with the intent that notices be sent as a Council policy rather than as a provision of the ordinance. After discussion, question was called and the motion failed: AYES: COUNCILllEN: Becker NOES .:' COUNCILrlEN: Ararnburu, Fanning, Littman, Sennett ABSENT: COUNC IIJIEN : None Ilotion of Becker, seconded by Littman, to delete paragraphs 2 and 3 of Section,~ carried: AYES:: COUNCILI1EN : Aramburu, Becker, Littman, Sennett NOES: COUNCILllEN :: Fanning ABSENT: COUNCILtlEN ~ None Fanning corrected the typographical error in Section E(l) , line 1, to read "exercised be the II 0 0 . CITY COUNCIL i1INUTES NO 305 February 13, 1973 Page 2 It was moved by Becker to amend Section B by ending the sentence with line 3, "of the City,!! de~eting the remaining portion of the section. The motion died for lack of a second.. At tl1e request of Becker, and there being no objection, Section D (3) (a) 't-Tas amended in line 2 to read t'landscape planting plan " .. . It was moved by Littman, seconded by Becker, to include under Section D(2), paragraph C, to read !!adequate drainage facilities.1i Iiotion carried ~ AYES: COUNCILllEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILI IEN : Hone ABSENT: COUNCILUEN: None At the request of Fanning, and there being no objections, Section G of the ordinance was amended, in line 3, to read "such applications are received by the Development Administra- tor .. u . . Ilotion of Littman, seconded by Becker, to amend Section A, to add after llappearancelJ in line 2, the phrase, "SO as to require a building permit," carried: AYES: COUNCILl IEH : Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCIL~.1EN : None ABSENT: COUNCILHEN: None Question ~'las called on the motion that the ordinance, as amended, pass first reading, and the motion carried: AYES :: COUNCILHEN: Aramburu, Fanning, Littman, Sennett i~OES : COUNCILI1EN: Becker l\..BSENT: COUNCILI<iEN: None fu1 ordinance entitled AN ORDINM~CE OF THE CITY OF TIBURON M.1ENDING ORDINAi-JCE NO.. 9 N. S .., THE ZONING ORDINAL"'-JCE, BY AI,lENDING SECTION 20 (C) BOARD OF ADJUSTllENTS AND BOARD OF DESIGN REVIE~'J, came on for adoption and first reading. On motion of Fanning, seconded by Aramburu, and there being no objection, reading of the full ordinance was waived and the ordi- nance was read by title only. It was moved by Littman, seconded by Aramburu, to amend Section (c) in the third paragraph by deleting the sentences after "to four year terms. It Hotion carried: AYES: COUNCILIlEN: Ararnburu, Becker, Fanning, Littman, Sennett NOES: COUNCILIIEN: None ABSENT: COUNCILI.1EN ~ Hone It \1aS moved by Fanning, seconded by Littman, to amend the third paragraph under (c) to read, tlThe remaining four (4) members of each board shall be appointed by the Hayor, ~:.,i th concurrence of the City Council, to four-year terms, except that two of the appointments will be for two years and two for four years. I1otion carried: AYES: COUNCILlJEN: Aramburu, Becker, Fanning, Littman, Sennett HOES: COUNCILl!EN : None ABSENT: COUNCILilEN: None Question \"las called on the motion that the ordinance, as amended, be deemed to have passed first reading, and the motion carried: AYES: COUNCILHEN: Aramburu, Fanning, Littman, Sennett NOES: COUNCILHEN: Becker ABSEi-JT COUNCILHEN: None CITY COUNCIL dINUTES NO 305 February 13 1973 Page 3 February Page 4 , CITY COUNCIL The City Attorney reported the present City ordinance regulating taxi service is in need of revision: The Certificate' of. Public Convenience issued to i..1r. Cha,rles T. Cohen .expired upon his death and is not transferable in accordance with the City ordinance. To satisfy the present continuing need for taxicab service, the San Rafael Taxi, Inc., is providing this service, having been appointed by the County of I.larin Public Administrator. As they are operating without a Certificate of Public Convenience, an urgency ordinance has been proposed \~lich would specifically authorize their operation and the awarding of an emergency certificate under Section 1-15 until the Council awards a permanent Certificate of Public Convenience. HINUTES NO 305 13 1973 An ordinance entitled fuJ URGENCY ORDINANCE OF THE CITY OF TIBURON ~,mNDING CHAPTER 11 OF THE TIBUROH 11UNICIPAL CODE RELATING TO TAXICABS. came on for introduction and adoption. .1..2 REVISION AYES: HOES: ABSENT OF TAXI COUNCILllEN COUNCILIIEl-J COUNCILHEN ORDli~AI:JCE Aramburu Becker None Action Cont'd to Feb 14 Fanning Question was called on the motion that the ordinance amending Section 11 of the Zoning Ordinance, as amended, be deemed to have passed first reading, and the motion ca~ried~ Littman Sennett AYES: NOES: ABSENT COUNCILI1EI-J COUNCILI1EN COUNCILiIEN Aramburu Fanning, None Becker Littman , Sennett , It was moved by Becker, seconded by Ara~~uru, to amend Section line 5, by deleting the tvords "property values, maintenance of property values 0 II Iiotion failed: AYES: NOES: ABSENT COUNCILI !EN COUi~CILIIEN COUNCIL~-IEN Aramburu Sennett None (E , Becker , Fanning Littman Question was called, H (e) The Planning Commission shall consider tvhether a particular design is compatible ~vith the established scale and design of Tiburon development and the general appearance of the City of Tiburon.1I and the substitute motion carried Littman offered a substitute motion the paragraph to read as follolvs: seconded by Becker After discussion, it t1aS moved by Becker, seconded by Littman, to mnend Paragraph (C) of the ordinance to read in line 4, "t'li th respect to the interrelations of materials, colors, lighting textures, landscaping, traffic circulation and drainage, and all features contributing significantly to the general appearance of 'f iburon . II , to amend , It be vIas moved deemed to by Fanning, seconded by Aramburu have passed first reading. that the ordinance On motion of Aramburu, seconded by Fanning, full reading of ordinance l..las ~vaived and the motion vlas read by title only 0 At this time the Chair returned the discussion to Item 1 amendment to Section 11 of the Zoning Ordinance. , the the February 13 Page 5 CITY COUNCIL Littman recommended the taxicab ordinance contain provisions for airport services, jitncf service to and from the ferry. The Chair requested staff revievl the proposed amendments, including those of Ilr. Rice, and that the m~tter be brought back to the Council as Item No.2 on February 14, 1973. I1INUI'ES NO 305 , 1973 The Assistant City l1anager informed the Council that Hill Valley Taxi, Sausalito Taxi, and San Rafael Taxi \1ere contacted in regard to providing taxi service for tl1e City of Tiburon. After discussion, it continue this matter ~'las moved by Becker, to a date certain. seconded by Littman It was moved by Littman; seconded by Ararnburu, to amend Section 11-3, following paragraph 7, by inserting Paragraph 8 as follows "Provided that the Court approve transferee of the existing or recent Certificate of Convenience of Necessity held by Ted's Taxi that they may be entitled to a Certificate of Convenience and Necessity upon complying ~ith the provisions of subparagraphs 1 through 9 of Section 11-3 for one year.a The City Attorney responded the ordinance provides for a hearing and the motion would award the Certificate when, in fact, there is not even an application for a certificate before the Council from San Rafael Taxi. It was moved by Becker Ordinance be adopted.. to AYES~ NOES: ABSENT COUHCILI illN COUNCILPEN COUHCILI1EN seconded by Fanning Aramburu None None that the Urgency Becker Iiotion of Becker, seconded by Fanning read by title only, carried~ Fanning , Littman Sennett , lir. Bernard Greer urged the Council take into consideration the fact that Hr.. Cohen had built up something of value in Tiburon and urged the Council allou Ted's Taxi to continue serving Tiburon. that the ordinance be In response to a question by Littman, the City Attorney stated the Certificate had been issued to I.lr. Cohen as an individual, and because he had not incorporated, the Certificate expired at the time of his death.. In response to a question by Littman, the City Attorney stated lIr. Cohen had a Certificate of Service, but at the time of his death the present ordinance deems that the Certificate is non- transferable.. LIre Rice reviewed \vith the Council his written recommendations for revisions to the ordinance.. The Assistant City rlanager stated staff would asrc~ vlith proposed amendments 1, 2 and 4 to the ordinance, but would want to review 3 and 5 The Chair referred to a letter from fIr.. Harry Rice dated January 3 1973, advising there is presently being contemplated a probate sale for the business of Ted's Taxi Service, ~vhich is the name used by Iir. Cohen in operating the taxi. r1r. Rice, representing the Estate of Charles T. Cohen, and also Ted's Taxi Service, presented to the Council copie~ of recommendations he would propose be made to the ordinance. He stated Ted's Taxi Service is nrnv being operated in Tiburon by San Rafael Taxi, Inc., as appointed by the Court, and it is their intent to sell Ted's Taxi Service to San Rafael Taxicab, Inc. The sale, ho\vever, is subject to confirmation by the Superior Court. He stated in his opinion the Certificate remains in effect \lith Ted's Taxi, and the business can therefore be sold.. February Page 6 CITY COUNCIL Becker made the following comments: In regard to Item 3, he requested the fact that such proposals have been sw)mitted be substantiated to the Council; re Item 4, in his opinion the Council is not qualified to m~(e ~uch a finding. He recommended the resolution be redrafted~ HINUTES NO 305 13 , 1973 At the request of Becker, and there being no objection, the resolution was amended under Item 2, to read liThe Interim Open Space Element of the County Plan calls for the provision of open space.1I Fan:iing responded the Council is merely making recommendations to the Board of Supervisors, and before any action on the land is taken, the County will hold public hearings in this matter. Littman objected to the Ceu.lcil' s consideratim of the resolution at this time and requested the matter be agendized for the next meeting in order that proper notice can be given to the land- owners. AYES: NOES: ABSENT COUNCILlIEN COUN C ILr lEi~ COUNCILI.1EN Becker, Littman Aramburu, Fanning None Sennett I1otion of Becker, seconded by Littman, to delete from the first paragraph of the resolution, u,,,,ith vie,..rs equaled in Harin County only by those from i,1ount Tamalpais, II failed: It was moved by Becker, seconded by Aramburu, to adopt Resolution 507, which was read in its entirety by the Chair. Resolution re Ring Hountain Area AYES: NOES: ABSENT COUNCILlIEN COUNCILHEN COUNCILliEH EXTRA Aramburu None None BUSINESS , Becker, Fanning, Littman , Sennett Question At the request of Aramburu and there being no II fringe, tl ""as deleted from paragraphs 5 and 6, paragraph 40 '\^las called and the resolution as amended objection to remain ,..ras adopted the word in At the request of Becker, and there being lution was amended in paragraph 3, line 1 Agency Formation Commissionou , , no objection, the reso- to capitalize uLocal At the request of Littman, and there being lution was amended in Paragraph 6, line 3, and the Ci t involved for such . 0 II no objection, the reso- to read, "by the County It was moved by Becker, 506. seconded by Aramburu The Chair read in its entirety a Resolution of the City Council recommending common zoning and subdivision controls for cities and tile County of 11arin based upon an adopted use pIano , to adopt Resolution 7 COUHTY CONFORHING TO COr,lHON At the request of the applicant February 26. ZONING 6 this APPEAL FOR THE DENIAL OF A VARIANCE BY THE BOARD OF DESIGN REVIEt'.J 1825-35 Centro t'Jest . matter was continued to It 'ias moved by Aramburu, seconded by Fanning, to adopt Resolution 507 entitled ilA Resolution of the City Council of the City of Tiburon Recommending that the County of Marin Consider Open Space Requirements for the Ring Ilountain Area, II "lith the following amendment: II BE IT HEREBY RESOLVED: That the Council is concerned with the premature and unplanned development of the Ring Hountain area at this time"CI i-lotion of Becker, seconded by Littman, to continue the matter, failed: AYES: COUNCILI.1EN: Becker, Littman NOES~ COUNCILHEN: Aramburu, Fanning, Sennett ABSENT: COUNCILlIEN: None Question was called on the motion to adopt Resolution 507, as amended, and the motion carried: AYES: COUNCILHEN: Aramburu, Fanning, Sennett NOES: COUNCILHEN: Becker, Littman ABSENT: COUNCILI\ilEI~ : None IV. BUSINESS OF THE COUNCIL 5 REZONING OF 19 ACRES ON PARADISE DRIVE An ordinance entitled M~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TIBURON REZONING 19 ACRES OF THE LAND OF vffiTHEW AT 4531 PARi\DISE DRIVE IN TIBURON FROn RO-1 TO RO-1C (CLUSTER OVERLAY ZONE), came on for introduction and first reading. Ilr.. Justin Smith, adjacent property owner, questioned what geologic studies have been done on the property.. i.1r. David f:1athew explained the principles of cluster development, and stated they have retained qualified soils engineers to prepare soils and slide analyses of the area. In response to a question by Littman, the Director stated cluster development for this property was recommended both by the Planning Commission and the Open Space.Committee. In response to a statement by I-1r" Rampton Harvey, chairman of the Open Space Committee, that it may be their recommendations that this property be zoned PD-O, the Chair stated any action the Council takes this evening \vill not prejudice their right to rezone again.. On motion of Littman, seconded by Becker, and there being no objection, full ~eading of the ordinance was waived and the ordinance was read by title only.. Hotion of Becker, seconded by Aramburu, that the ordinance be deemed to have passed first reading, carried: AYES: COUNCILllEN ~ Aramburu, Becker, Fanning, Littman, Sennett NOES:: COUNCILlillN: None ABSENT: COUNCILllEN: None 11. RICHARDSON BAY LINEAL PARK HASTER PLAN The Assistant City rlanager presented to the Council the suggestions and recommendations of the Parks and Recreation Commission for the second phase development by Sasaki-N'alke-r.Associates of Richardson Bay Lineal Park Master Plan. P&R Commissioner t'lilliam 0 'Neill referred to the Lineal Park Site Hap and spoke to the reconunendations of the Commission. CITY COUNCIL I1INUTES NO. 305 February 13, 1973 Page 7 In regard to the highway realignment question, the Assistant City ~lanager stated staff has not yet reviewed the State Division of High~rJays' final plans for the road in this area. lIr. O'Neill stated comments made at the public hearing held in December and answers received to the questionnaires sent to the residents of Tiburon have been taken into consideration in draft- ing the Commis~ion's list of recommendations. are Eric Schmidt, representing Hr. Don Batten, president of the Tiburon Homeowners Association, requested that the Council not ta]~e any affirmative action on the plan until the public has had more opportunity to revie~'l it. Hr. O'Neill reiterated questions raised at the public hearing in December have been incorporated into the recommendations, and more public hearings will be held upon completion of the next phase by Sasaki-Nalker. The Chair invited citizen groups to communicate any criticisms they may have to the Parks and Recreation Corrunission and to the City Council. It was moved by Aramburu, seconded by Fanning, that the City Council recieve the report of the Parks and Recreation Co~nission and instruct staff to forward it to Sasaki-Walker Associates for their Phase 2 development program. It was moved by Littman, seconded by Aramburu, to amend the motion to include Parks and Recreation Commission send the Council a supplemental memo outlining substantial criticism on particular points of their recommendations contained in their memorandum of February 1973, if they have any. Question was called and the motion, as amended, carried: AYES: COUHCILilEN: Aramburu, Becker, Ffulning, Littman, Sennett NOES: COUNCILf,'1EN: None ABSENT: coua C ILL illN : None 8. EVALUATION OF PROPOSED CHAl\IGES IN COUNCIL COUl.1ITTEE SYSTEH This matter was continued to February 26th. v. ITEtlS NOT ON THE AGENDA It was moved by Becker, seconded by Littman, to adopt Resolution 508, a Resolution Requesting the State Legislature to Provide Immediate Funding to Safeguard Doyle Drive. At the request of l'1r. Herbert VJenig, and there being no objections the resolution toJas amended in paragraph 3 to delete "fe11o\"1 commuter," and insert IIdear friend and neighbor." Question was called, and the resolution, as amended, was adopted: AYES: COUNCILi1EN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUHCILl1EN: None It was moved by Becker, seconded by Fanning, to adopt Resolution 509, a Resolution of the City Council Commemorating 70 years of Community Service of the St. Stephen's Episcopal Parish to the Tiburon Peninsula. There being no objection, the resolution was amended in paragraph 3 to include, in lin e 3, after "v1ardens, n the ~.,ord "parishioners. II CITY COUNCIL NINUTES NO 305 February 13, 1973 Page B HAYO CITY COUNCIL HIHUTES NO 305 February Page 9 13 1973 February 26th 1973 APPROVED BY THE CITY COUNCIL ON It being now the hour of 1l~40 p.mo, and there being no business to come before the Council, the Chair declared meeting adjourned to Febr-..ary 14, 19 73 ~ .memory of I-1r. Tjensvold. >/~\_I/;; /? <.; (, ~~ R KLEINER Nanager ./1 VI On motion of Araroburu, seconded by Becker were accepted by tile Council. ADJOURNri1ENT 14 15 DEVELOPBENT ADi,lINISTRATOR' S POLICE REPORT - JN~UARY , the above reports REPORT The Chair directed the report on the necessary improvements the draft of the Joint Powers Agreement be presented to the Council on their February 26th meeting. JANUARY and The Assistant City flanager reported the City r1anager has requested the City Engineer, the contractor and I1r. Don Loomis meet in regard to the possibility that substantial improvements re drain- age, soil compaction, etc., may be needed hefore tennis courts can be built. 10 TENNIS COURTS AT DEL JAR SCHOOL AYES: NOES: ABSENT COUNCILllEN COUNCILI1EN COUNCILHEN IV BUSINESS OF THE COUNCIL Arurnburu None None Becker tIDtion of Becker, seconded by Aramburu, to adopt Resolution 510, a Resolution of Intent to Consider Rezoning of Certain Property formerly being the right-of-\'lay o~= the Northwestern Pacific Rail- road located generally between Stewart Drive and Reed Ranch Road. carried: , Fanning, Littman Sennett AYES: NOES: ABSENT COUNC ILI.1EN COUNCILI1EN COUNCILHEN Aramburu None None Question \-las called, Becker and tile resolution , Fanning as amended Littman , was adopted Sennett February 14 Page 1 CITY COUNCIL Referring to Item 4 in -the letter from l1r. Herbert Uenig dated February 13, 1973, the Deputy City Attorney concurred that the Zoning Ordinance does provide that if nO-development has occurred to effectuate the Uaster Plan within two years after its approval and if the Council deems that it is in the public interest the approval may be revoked. He stated the Hilarita I-laster Plan was approved more than two years ago and there has been no devel- opment. The Council, in determi~ing \vhether they wish to revoke the l1aster Plan, may consider the reasons for there having been no development to date as \vell as any other reasons it deems pertinent. I,lINu'rES NO 306 , 1973 , In response to a question by the Chair, ~he Deputy City Attorney reviewed the history of the approval of the Ilaster and Precise Plans and stated the matter before the Council is whether the Precise Plans, as revised by the construction drffilings, are in substantial compliance witl1 the Master Plan, and ~~hether the Council desired to approve or disapprove the revisions. He stated the Planning Commission voted to approve the revisions to the Precise Plan. In response to a question by the Chair, the Director stated that the changes made Nere not substantial in that the land use is the same, parlcing is more consolidated, there has been reduction in overall building size, and in general, the impact of the project is reduced by the changes. The Director stated the changes in the construction drawings '-1ere (1) normal changes from Precise Plans to construction plans; (2) changes reconunended by BUD; and (3) changes required in regard to soils work, landscaping, dra~nage, et cetera. The Planning Director presented to the Council for consideration the Precise Plans for the llilarita Housing Project, as revised by the construction dra~'lings 0 The I'laster and Precise Plans for the project have previously been approved by the Planning Commission and the City Council. The construction drawings submitted to the City following review by the Department of Housing and Urban Development by staff request have been brought back for revie'~ by the Planning Commission and the City Council. The Planning Com- mission by resolution approved the revisions in the plan on January 10, 1973; and as per their recommendation, a statement concerning Environmental Impact has been prepared by the Tiburon Ecumenical Association and submitted to the Council, although not required at the present time by State lffi~. CONSIDERATION (PRECISE PLAN OF PLANS FOR REVISIONS) 1 HILARITA ABSEaT: EX OFFICIO III BUSINESS OF THE COUNCIL Ilayor Sennett, Aramburu Fanning, Littman None Ro L. Kleinert, Assistant City Stanley Bala, City Engineer Richard Arjo, Diro of Community Development Hellen K. Hecht, I1inute Clerk Hichard H. Breiner, Deputy City Attorney lanager COUNCILi1EN PHESENT COUi\ICILllEN , Becker, II An adjourned meeting of the City Council, City of Tiburon, State of California, was called to order by ilayor Albert Ho Sennett at 7:46 p.m., February 14, 1973, in the City Hall Council Chambers RJLL CALL I CALL TO ORDER CITY COUi.~CIL CITY OF TIBURON CITY COUNCIL IlIl-JUTES NO 306 February Page 2 14, 1973 Littman questioned I1r. Golden t"lhether his environmental study on the project was because he favored projects of this nature. Aramburu reviewed the Environmental Impact Report which indicated adequate sewage facilities, gas and electric services, telephone service, communications from the High~"lay Department regarding traffic considerations, tile ma~ket rent comparability studies, and soil and foundation investigations. He requested the record reflect in his opinion the Environmental Impact Report furnished on Hilarita should be used as a model for subsequent development projects in Tiburon. In response to repeated questions by IIr. Bruce Flanagan about the core borings, the City Engineer stated the information is detailed in the soils report by Harding F Hiller '& La~.,son. In response to Littman's question ab0ut the 280-foot building, 'Rr. Kaplan stated that although the building was 280 feet long, it would look as though it were three buildings because it was broken up. Littman stated they were three physically connected, according to the plan. Mr. Kaplan stated the bU1lding will not affect the soils condition. l>lr. Heed stated in regard to environmental impact, there is no change between this plan and the one previously approved In response to questions by LittIT~n about building on the unstable area, I-1r. Kaplan reiterated the exteEsive soils vlork to be done on the project. The City Engineer reviewed the soils work to be done on the site and ::-ccommended that the .soil mechanics engineer be on the site when the actunl ~vorl~ is done and that he approve all dra\'lings. In response to a question by llr. Bruce Flanagan about problems in regard to bathroom design, l-'lr.. Kaplan stated that the required changes have been made and the plans have no~v been approved. In response to a qUf:"stion by the Chair about soils \'1ork, Hr. I(aplan stated that u. buttress fill ~'Till be done to correct the slide area and all the buildings will ~e on drilled concrete piers, as required by Harding, Ililltr & Lawson, Soils Engineers. The architects presented slides the plans previously submitted. comparing the revised plans Ilr. l~ed tJeed, president of the Tiburon Ecumenical Association, spoke in support of Hilarita and introduced f4r. Robert Golden and the architects 0 Hr. Ellis Kaplan, architect, presented the 11aster Plan and comparative site plans, and outlined the revisions which consisted of reducing the floor space in some of the units; reducing the nmru~er of separate buildings; relocating some of the buildings away from the proposed buttress fill area; moving the community information building from the top of the site to a more accessible location at the bottom of the site; reducing the length of the road; and changing the parking sites, which included more shielding from Tiburon Boulevard. with The Chair referred to the Environmental Impact Report prepared by Hr. Robert Golden, Envil.-onniental Consultant 0 The Deputy City Attorney stated that because of the present l20-day moratorium imposed by FuB. 889, Environmentdl Impact Reports are not a requirement but that environmental factors may be considered as a discretionary item The Chair questioned ~vhether approval should be in the form of a resolution, and Hhether such a resolution had been drafted. The Deputy City Attorney responJed the correct procedure vlould be to adopt a resolution ~"Jhich he ~1ould prepare in accordance \'1ith that adopted by the Planning Commission. February Page 3 CITY COUNCIL Fanning reiterated the past his~ory of the project and the desire of the community to have moderate-income housing on the Hilarita site, but stated it had never been their intention to t1INUTES NO 306 14, 1973 Littman reviewed the history of the project and how the density has been increased from 50 to 112 unitso He objected to the mass of buildings on the site and the fact tllat it has been supported only because it is a moderate-income project. He spoke to the unstable soil conditions in the area and objected to the use of double standards, epplying one for private developers and one for projects of this nature. It No was moved by Aramburu 511. , At this time, at the request of the Chair, the Deputy City Attorney read in its entirety proposed Resolution 511 Approving Revisions to the Hilarita Precise Plan. seconded by Becker to adopt Resolution Ilrs. A. V. I-1artini, representing the League of lvomen Voters for Southern I.larin, Ilrs. Polly Smith, I1rs. Cheryl Brooks and I-Ir. Peter I:1acgouan spoke in favor of the Hilarita project and urged the Council take favorable action.this evening on the project. I1r. Flanagan spoke to the soils report. He density of the project and the fact that. it its share of taxes. objected to the will not be paying ~lr. Herbert Wenig objected to the density of the project, the negative impact of the project, and ~he costs tile project will impose on residents of Tiburon and the Federal Government. He objected to the form of the environmental report as not setting fortil necessary information that should be required in an environmental impact r8port. He reviewed the past history of the project and outlined his objections to the high density, suggest- ing either individual heme rnlnc~8hip or that the City take over the project. Mr. Kaplan gave the following answers to questions by LIre Hayes: There will be a larger open space area left in its natural state between Rolling Hills and Hilarita project; parking on tile revised plans will be closer to homes in Rolling Hills only on one small area; the residents will have to walk no further from the parking areas to their homes in the present plan than they did on the previous plan; Lhere will be more landscaping to shield parking from Tiburon Boulevard; and buildings are further from the Rol- ling Hills area than in the previous plans. In response to a question about ordinances pertaining to building lengths, the Director stated this is a matter for design review consideration Ilr at Nat Harins voiced concern about the availability of Uilarita for the elderly and those employed locally. housing ~lr. Robert Hayes urged the Couu~il refer this matter to the Board of Design Review because of changes to the plans. He commented on the revisions and objected to the building mass, park- ing, &ld the density. He questioned whether the City would be liable for costs incurred for traffic signals, should they be necessary. A recess was taken at 9 9:15, the roll standing :07 p.m., the Council as originally taken 0 reconvening at RECESS In response to Fanning's question about a seismic report, llr. Kaplan stated one has been prepared by a certified structural engineer and approved by the Federal authoritieso CITY COUNCIL HINUTES NO 306 February Page 4 14 , 1973 AYES: NOES: ABSENT COUNCILI.1EN COUNCILliEN COUNCILllEN Fanning, Aramburu None Becker, Sennet t, J.. Hm (01 Question Becker suggested waiting until tile problems requiring the traffic engineer to be hired. \'las called , and the motion failed: occur before It was moved by Fanning, seconded by Littman, that a traffic engineer be ret by the applicant to analyze the entire section because tllis is a private intersection; and that the applicant be required to assume the cost of any adjust- ments necessary in the way of left..hand turn-out lanes or sig- nalling that the traffic engineer is recommending. In response to a question by Fanning, the City Engineer stated the soil mechanic engineer will prepare a seismic report. The City Engineer reviewed the implications of the conditions and stated tile soil mechanic engineer will not sign the drawings until ~le conditions have been met. He stated he will review the results and would automatically report any problems to the Council. Littman thereupon withdrew his motion. It was moved by Littman, seconded by Fanning, that prior to the approval of construction dr~1ings by the City Engineer, if there are any substantial problems with respect to these slide areas, that the City Engineer so qdvise the Council in writing at least two weeks in advance of approval. At the request of Fanning, the Deputy City Attorney read conditions listed in the resolution. the In response to a question by Aramburu, the Director stated the Precise Plan, as revised by the construction documents, is in compliance t-lith the I-laster Plan. The Ci ty Engineer stated the project does have soils problems but these can be resolved. The Deputy City Attorney stated that the question as to whether the Precise Plan, as revised, is in substantial conformance with the l1aster Plan is a question of fact for the Council to deter- mine. Aramburu spoke to the costs incurred by the City in order to defend itself against lawsuits against Hilarita and the expense of having so many meetings on the project. He referred to the State laws that require cities to have a Housing Element as part of their General Plan. Becker stated in his opinion Hilarita is a socially working pro- gram which has passed many tests in architectural design and also financial feasibility construction. As a working specialist in environmental design, he stated he would favor the project. In response to a question by Littman, the City Engineer stat~d the subdrains on the project aLea will have to be maintained by the developers, which is a normal procedure locate 112 units on t.his small site. He reviewe~~he Environmental Impact Report and pointed out the numerous defects in r~pJrliiIe spoke of the court action and stated he had been informed HUD will not give its final approval until the matter is solved in Court, which could take several months. He urged the Council therefore not take action this evening but the matter be continued so that the Council can work further with TEA in reducing the density Question was called on the motion to adopt Resolution 511, and the motion carried: AYES: COUNCILIIEN: Aramburu, Becker, Sennett NOES: COUIIJCILHEI~ : Fanning, Littman ABSENT: COUNCILllEN: None 2.. REVISION TO TAXI ORDINAi'lCE An ordinance entitled k~ URGENCY ORDINM1CE OF THE CITY OF TIBURON Ai-lENDING CHAPTER 11 OF THE TIBURON BUNICIP1~ CODE RELATING TO TAXICABS, having been continued from February 13, 1973, came on now for adoption. The Deputy City Attorney reviewed the proposed urgency ordinance changes as submitted by lIr. Harry Rice, attorney for the Estate of Charles T. Cohen, and commented that staff has no objection to Changes Noso 1, 2 and 4, with minor revisions to No.. 2. Littman requested amending Section 11-15 by providing that the initial 60-day emergency certificate may be extended for an addi tional 60 days, ~",i th the concurrence of the City Council. On motion of Becker, seconded by Littman, and there being no objection, the ordinance was read by title only. Motion of Fanning, seconded by Aramburu, to adopt the Urgency Ordinance Witil the amendments as approved by staff and recommended by Littman, carried: AYES: COUNCILI-lEN : Aramburu, Becker, Fanning, Littman, Sennett NOES~ COUNCILI.JEi\J: None ABSENT: COUNCILI!EN : None The Chair then directed staff to issue an emergency Certificate of Public Convenience to San Rafael Taxi, Inc. Fanning stated the issuance of tIle emergency Certificate of Convenience in no way is determinative of. the Council's decision as to the ultimate issuance of the Certificate of Public Conveni- ence, 't\]hich may be issued subsequently by the Council. IV. EXECUTIVE SESSION The Chair declared the meeting adjourned to Executive Session. V. ADJOURNHENT It being now tile hour of 11:40 porn., and there being no further business to corne before the Council, the Chair declared the meeting adjourned sine die. ~ ~ ~ R. L. KL NER s 't City f1anager APPROVED BY THE CITY COUNCIL ON~ :March 12th ~' 197~. NAYOR ~~-- CITY COUNCIL MINUTES NO 306 February 14, 1973 Page 5 CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council, Cit:y of Tiburon, State of California, was called to order by Mayor Albert: H. Sennett: at 7:43 p.m., February 26, 1973, in the City Hall Council Chambers. II. ROLL CALL PRESENT : COUNCIU1EN: Mayor Sennett, Aramburu, Becker, Panning, Littman ABSENT: COUNCILHEN: None EX OFFICIO: Bert Balmer, City Manager R. L. Kleinert, Ass't City Manaqer Robert I. Conn, City Attorney Richard Arjo, Dir. of Community nev. Stanley Bala, City Engineer Louis F. Brunini, Supt. of Public Works Hellen K. Hecht, Minute Clerk III. APPROVAL OF MINUTES No. 305 It was moved by Fanning, seconded by Aramburu, to adopt Minutes No. 305 of February 13, 1973. Panning corrected page 3, paragraph 14, line 4, to read: .. . . . except that two of the initial appointments will be for two years and the remaininCJ two for four years." There being no further corrections, question was called, and the motion to adopt Minutes 305 carried: All Ayes. IV. CONSENT CALENDAR 15. TENNIS COURTS AT DEL HAR SCHOOL l6. CASH FLOW - JANUARY 17. CLAIM FOR PERSONAL INJURY 18. SET HEARING DATE - ZONING VIOLATION IN THE KEEPING OP 'HORSES 19. APPLICATION FOR DANCING PEmiIT At the request of Littman, Item 15 was removed from the Consent. Calendar; at the request of the City I\lanager, Item l8 was removed; and at the request of the Chair, Item 19 was removed. Motion of Becker, seconded by Fanning, to approve the Consent: Calendar consisting of Items l6 and l7, carried: All Ayes. V. BUSINESS OF THE COUNCIL 1. REVISIONS TO SIGN ORDINANCE Action: Cont 'd to I..Jarch 12 An ordinance entitled AN ORDINANCE OF THE CITY OF '1'IBURON NmHD- ING SECTIONS l6A-2 AND l6A-4(g)2 OF THE '1'IBURON'CITY CODE, having passed first reading, came on for second reading and adoption. On motion of Becker, seconded by Fanning, full reading of the ordinance was waived, and the ordinance was read by tit.le only. It was moved by Panning, seconded by Becker, that t.he ordinance be deemed to have passed second reading and be adopted. Littman questioned the allowable signing for two-story buildings and the signing permitted if there are two businesses on the second floor. CITY COUNCIL MINUTES NO. 307 February 26, 1973 Page 1 suggested signing for anything over the first floor be allowed but that the size should be determined by the Board of Design Review. The Chair directed the Director of Community Development redraft Section l6A-4(a) (2), and return the ordinance to the Council on Uarch 12th. 2. DESIGN REVIEt'l Action: Ord. l12 M.S. adopted An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO. 9 N. S., THE ZONING ORDINANCE, BY AMENDING SEC'l'ION 11: DESIGN REVIEt'l, having passed first reading, came on for second reading and adoption. 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 Fanning, that Ordinance l12 N.S. be deemed to have passed second reading and be adopted. It was moved by Becker, seconded by Aramburu, to amend Paragraph (E), line 5, by deleting the '-lords "property values, maintenance of property values.1I I.lotion f ai led: AYES: COUNCILMEN: Aramburu, Becker NOES: COUNCILMEN: Fanning, Littman, Sennett ABSENT: COUNCILHEN: None Question was called, and the motion to adopt Ordinance 112 N.S., carried: AYES: COUNCIIJ.1EN : Aramburu, Fanning, Littman, Sennett NOES: COUNCILIvlEN: Becker ABSENT: COUNCILI-1EN: None 3. SITE PLAN AND ARCHITECTURAL REVIEW Action: Ord. 113 N.S. adop~ed An ordinance entitled m~ ORDINANCE OF THE CITY OF TIBURON ~~DING ORDINANCE NO. 9 N.S., THE ZONING ORDINANCE, BY ADDING A NEW SECTION 11-1, PROVIDING FOR SITE PLAN AND ARCHITECTURAL APPROVAL, having passed first reading, came on for second reading and adoption. On motion of Becker, seconded by Aramburu, full reading of the ordinance was waived and the ordinance was read by title only. It was moved by Fanning, seconded by Becker, that Ordinance ll3 N.S. be deemed to have passed second reading and be adopted. It was moved by Becker to amend Section B. of the ordinance as follows: In the third sentence, strike "the stability of land values and investments and the general," inserting lito preserve the general welfare." In the next sentence, strike "to help," and also nor depreciation of land.1f In the following sentence, add "undesirable" before development. In the last sentence, st.rike lIor to unsightly, undesirable or obnoxious appearance." Motion died for lack of a second. It was moved by Becker to amend Section D.(2)(b), by deleting from line 4, nso as not to be detrimental," and insert "according to the." On mot.ion of Littman, seconded by Becker, and there being no objection, tile Chair amended Section D.(2)(b) to read, in line 4, "are preserved in a manner so as to contribute to the orderly and harmonious development of the City." It was moved by Becker, second~d by Littman, to amend Section E. (2) to read: CITY COUNCIL MINUTES NO 307 February 26, 1973 Page 2 February Page 3 CITY An ordinance entitled 11.N ORDINAN~E OF THE CITY COUNCIL OF THE CITY OF TIBURON R8Z0HING 19 A~RE~~ o:? THE LAND OF r.1ATHE~l AT 453l PARADISE DRIVE IN ']~lQURCN FROr.l RO-l TO RO-IC (CLUSTER OVERLAY ZONE), having p~.:1se~1 first reading, came on for second reading and adopt::Lo~l.. COUNCIL I4INUTES NO 307 26 , 1973 REZONING OF NINETEEN ACRES ADJACENT TO PAfu1DISE DRIVE 5 . Action Littman and Fanning referred to architectural design committees in private subdivisions and the fact that they do work. Littman stated this is un attempt to achieve some compatibility with the established scale of the area. Fanning stated the topography of Tiburon makes it impc3sibl~ to establish set criteria for build- ing houses in Tiburon, and the ordinance provided for the interest- ing and unusual sitings made possible in Tiburon by the contours of the land. : Ord llS N.S adopted Becker responded he supported the ordinance in order that it be given a trial period. In his opinion the method of review will not work and it will result in only high-priced homes being built in Tiburon. At this time Hr. J:.nnC8 D~rryb~rJ:Y was recognized and spoke ~ Item 3, requesti.ng the Conncil reconsider the ordinance with the.~~J:.evisiC~~.,t,::. incluc'.e identifiable, objective criteria. He recommended that ,1 proposed building design be submitted for staff review for dcter~inatien en whether it conforms with specific criteria establi.f:!hcd by an ordinance. If it does not, then notices should be sent o~t and the matter go before the Board of Design Review AYES: NOES: ABSENT COUNCII'l.1EN : COUNCII,l~lEN : COUNCILHEN: Ar~.rnburu N O~!:3 ~lor:? Question was called, carried: , Becker , Fanning, Littman , Sennett c~d the motion to adopt Ordinance 114 It was moved by Arambu~u, seconded by Becker, that Ordinance 114 N.S. be deemed to hav~ passed second reading and be adopted. N.S . On motion of Becker, seconded by Aramburu, and there being no objection, full re~ding of the ordinance was waived and the ordi- nance was read by title only. An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDIl~ANCE NO. 9 N. S ., THE ZONING ORDINANCE, BY ArmNDING SECTION 20 (C) THEREOF, TO REVISE COt-1POSITION OF BOARD OF ADJUSTMENTS AND BOARD OF DESIGN REVIEW, having passed first reading, came on for second reading and adoption. Ox-d. ll4 N adopted 4 . BOARDS OF AYES: NOES: ABSENT COUNCILNEN COUNCILHEN COUNCILliEN ADJUSTNENT . . . . . AND DESIGN REVIEW Ar arnbu:t.u , None Non8 Action . . .S Question was called as amended, carried , . Becker, Fanning, Littman , Sennett At the request Section F. (1) , 2.nd the of Becker, the Chair amended the motion in to d81etc the worus "to itself and its neighbors motion to adopt ordinance 113 N.S . , . CI Question was called, The siting of any structure on property, as relating to the siting of other structures, shall be considered. It is the intent of the Section to minimize obstructions to the views from other properties and maintain tile established scale of the neighborhood." and the motion to amend carried All Ayes . February Page 4 CITY COUNCIL It was moved by Fanning that the Council agrees with the plan as submitted by Mr. Soriano; however, formal adoption of the Master Plan will await approval of the necessary documentation by tile City staff. Motion died for lack of a second. I.'1INUTES NO 307 26 , 1973 The City Attorney stated Council must make certain findings in the cluster zoning, which should be added to the resolution as Condition 6. Littman questioned the amount of cut and fill that will be required, and whether a report of this nature is necessary. The City Engineer stated he has received excavation and grading drawings for the Master Plan as originally submitted, but there have been revisions and he has not received the final grading plan. Mr. Soriano pointed out the proposed grading on the plans. Condition 5 should be added as follows "An Environ- mental Impact Report shall be required with the sub- mission of the Precise Plan.1I Condition 2 should include, at the end of the sentence "landscaping shall be coordinated and harmonious with landscaping of the Marinero Heights condominium." Insert in paragraph 4, line 4, after lithe following "Haster Plan and Landscaping Plan dated February 21, 19 73 , " , The City Attorney amended the resolution .adopt~ng a Plan for RO-2C development at 88 Round Hill Road as , Haster follows " . . A recess was taken at 8:55 p.m. 9:10 p.m., the roll standing as the Council reconvening at originally taken. , RECESS In response to a question by the Chair as to whether there would be any objection to the additional condition requiring the sub- mittal of an Environmental Impact Report, Mr. Raphael Soriano, architect, stated they would have no objections. The Chair questioned the City Attorney whether the Council could place the additional condition upon the approval of the Master Plan that an Environmental Impact Report be required. The City Attorney stated in view of the fact that guidelines for environmental impact reports have not been established, the Council could attach this as a condition only if it specified what the report should consist of. In response to a question by Becker, the City Attorney stated once guidelines are adopted on April 4, before any building permits are issued, Environmental Impact Reports must be furnished, even where there has been Master and Precise Plan approval. The Director of Communi~ Development presented the application for Master Plan approval for property at 88 Round Hill Road, which property had recently been rezoned RO-2C. He presented to the Council the Master Plrol and site plan. RO-2C CLUSTER r4ASTER PLAN M. Radomile, applicant 8. AYES: NOES: ABSENT: COUNCIumN: COUNCILliEN: COUNCILI1EN: Aramburu None None Action: Cont'd to March 12 , Motion of Aramburu, seconded by Becker, be deemed to have passed second reading Becker, Fanning, that Ordinance and be adopted Littman, , 115 N.S. carried: Sennett On motion of Becker, ordinance was waived seconded by Aramburu, and the ordinance was full reading of the read by title only. February Page 5 CITY COUNCIL Mr. Denton questioned Mr. Smith about his educational background. Mr. Smith stated he 'was not going to carryon the educational programs but they were going to hire competent peopleo r.1INUTES NO 307 26 , 1973 Mr. Dallman spoke against agricultural zoning for this property in that the proposed uses are not in keeping with the intent of the ordinance for this zoning. He asked that the rezoning application not be approved but that the matter decided on the basis of the uses proposed for the area. llr. Walter Pellegrini questioned the necessity for rezoning and objected to the communal living in the area. In response to a question by Mr. Britton, the Director read from the Zoning Ordinance the definition of a family in areas zoned single-family. Fanning pointed out that communal forms of ~ing were also defined in the ordinance ancLare_as 'permit.,t.ed and not permitted are delireated... L. ttman stated Heterr1n9 ~o ,ne commen~ aoou~ communa ~1v1ng, 1 it is not unusual for colleges to have one house occupied by members of the same sex. Littman questioned the tax status of the proper~y and whether the learning institution would be exempt from paying taxes. 11ro Smith responded he has formed a foundation which mayor may not be tax-exempt. He stated he is requesting agricultural zoning in order that he will be taxed on the actual use of the land rather than the highest and best use. In response to a question by Aramburu, Hr. Smith stated he would not object to trails through the property as long as they did not invade his privacy, but there would be no public access to the waterfront Mr. Neil Smith, owner, spoke to the application and reviewed his plans for the property should the rezoning be approved. He stated his plans will provide an economic means of maintaining open space. The City Manager referred to a letter from Mr. Vernon Dallman, chairman of the Paradise Property ~~ners Association, in which objections to the proposed use of the property are set forth. The Director presented a map of the area and revi~Ted the proposed use, which includes certain agricultural uses and eventually a school use, an ecological experimentation facility and a recycling and processing type of use on the property involv- ing both the waterfront and the ridge area. He stated, however, the only matter before the Council this evening is the prezoning request, and the prezoning would only be effective upon annexation to the City. He stated this request is in accordance with Open Space plans 0 He further stated Mr. Smith would have to go before the Boards of Design Review and Adjustment, the Planning Com- mission, the City Council, and the County Health Department, and other agencies for permits for the uses proposed for the land if tile rezoning were approved. An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO. 9 NoS. BY ADOPTING PREZONING OF CERTAIN PROPERTY TO THE A-2 ZONE EFFECTIVE UPON M~EXATION TO THE CITY OF TIBURON, came on for introduction and first reading. 9 REZONING There being no objection, the Chair directed the motion carries, and that this matter be continued to March 12, at which time the six conditions will have be~"1 satisfied and the grading plans will have been approved by the City Engineer. AND PREZONING OF 102 ACRES Action Passed 1st reading It was moved by Aramburu, seconded by Littman, that the be continued until the Council receives a grading plan; further, that the Council make the appropriate findings regarding the clustering advantages over a non-cluster, as indicated in the Director of Community Development's report matter and, February Page 6 AYES: NOES: ABSENT CITY COUNCIL COUNCILHEN COUNCILHEN COUNCILI\1EN . . . r.lINUTES Aramburu, None None NO 307 26 , 1973 Becker, Motion of Becker, seconded by Fanning, that the ordinance be deemed to have passed first reading, carried: Fanning, Littman , Senlett On motion of Becker, seconded by Fanning, and there being 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 COUNCIL OF THE CITY OF TIBURON REZONING A PORTION OF THE LANDS OF NEIL.: SMITH FROM RO-l TO A-2 IN THE CITY OF TIBURON, came on for first reading. AYES: NOES: ABSENT COUNCIU1EN COUNCI LlvlEN COUNCILMEN . . . . Aramburu, NDne None Question reading, Becker, was called on the motion that and the motion carried: Fanning, Littman , Sennett the ordinance pass first It was moved by Li.ttman, seconded by Beqker, to amend the motion to include that nothing pertaining to the proposals or illustrations of Mr. Smith is in any way binding on any future action by the City. The City Attorney stated the only issue before the Council this evening is the prezoning. The motion was withdrawn, with the Chair directing the minutes to reflect the motion as being the sense of the Council. It was moved by Becker, seconded by Aramburu, that the ordinance be deemed to have passed first reading. On motion of Fanning, seconded by Becker, and there being no objection, full reading of the ordinance was waived and the ordinance was read by title only. Mr. BUxton, , an officer of the Tiburon Ridge Association, speaking for the four officers of the association, urged the City accept Mr. Smith's proposal to zone agricultural in order that the property be under the City's jurisdiction. Littman questioned whether the proposed use would warrant agri- cultural zoning and suggested the proper procedure might be to zone for an educational use. ~lrs. Arnold questioned whether the property was being rezoned for economic reasons, the products to be made, and who they would be sold to. fir. H~iard, sanitary engineer, questioned the plans for waste removal. The Director responded this would be under the jurisdiction of the City and the Sanitation District. Dr. David Winslow presented a lptter on behalf of himself, his wife, his brother-in-law, Dr. K~lgore, and his sister-in-law, Mrs. Schneider, in which they questioned the compatibility of the proposed project to the surrounding neighborhood. He pre- sented an aerial photograph of his and Mr. Smith's land. He requested the matter be continued on the grounds that all the information has not been presented and asked the Council to inspect the land and study the proposals therefor before making a decision. Hr. uichael Silber objected to the Council's not having responded directly to the questions raised in Mr. Dallman's letter. He questioned whether raw sewage was being used for fertilizer and whether animals were going to be slaughtered for consumption on the land. Mr. Smith responded emphatically in the negative to both questionso In regard to gr~~ing algae, he stated they do intend to cover the ponds. CITY COUNCIL HINUTES NO 907 February Page 7 26 , 1973 The Chair directed the City Manager present the engineering statements and the Joint Powers Agreement to the Council at the last meeting in March. 15. TENNIS COURTS AT DEL r1AR SCHOOL AYES: NOES: ABSENT: COUNCILNEN COUNCILf\1EN COUNCILHEN . .. Aramburu, None None Becker Motion of Becker, seconded by Littman Claims No. 103, carried: , Fanning, Littman, Sennett , to adopt Resolution of 14. REGISTER OF CLAIMS AYES: NOES: ABSENT COUNCILHEN COUNCILHEN COUNCILl,1EN . . . Aramburu, None None Becker Motion of Littman, seconded by Becker, to adopt Resolution 513, a resolution designating the City Manager and the Assistant City Manager as authorized signatories for obtaining Federal Financial Assistance in Bisaster Relief Act, carried: , Fanning, Littman , Sennett EXTRA AYES: NOES: ABSENT BUSINESS COUNCILrIEN COUNCILHEN COm~CILMEN . Aramburu, Fanning None Becker It was moved by Becker, seconded by Aramburu, to adopt Resolution 512, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON DECLARING INTENT TO ASSIGN TOPICS ALLOCATIONS TO COUNTY OF r-IARIN. Hotion carried: Littman, Sennett ASSIGN~mNT OF TOPICS TO COUNTY OF ~mRIN 13 ASSOCIATIONS The City Manager reported on the above and requested that the Mayor appoint a Council representative to serve on Redwood Empire Division Committee of the League of California Cities The Mayor agreed to make the appointment within a week. Action Res 512 adopted 12. AC'l'IONPLAN At the request of Littman, the Chair directed this matter remanded to the Downtown Committee, and that a report be pre~ pared for the first meeting in April covering the suggestions the preservation of the marsh, as well as the possibility of a joint use agreement with the TPC of the Judge Field area. Chair requested the City Engineer work with the committee on matter. LEAGUE OF CALIFORNIA CITIES The this for Aramburu presented an oral report in this matter ll. After discussion, the Chair expressed the agreement of the Council that a staff member will be consulted to work with the respective committee before reports are presented to the Council in full; and, in reverse, each staff member will inform the proper committee of any reports he has prepared for the full Council. RECOHNENDATIONS ON USE OF MARSH AND RELATED AREA 10 EVALUATION OF PROPOSED CHANGES IN CITY COUNCIL COl.1f.1ITTEE SYSTEH February Page 8 It being now the hour of 11:52 p.m., and there being no business to come before the Council, the Chair declared meeting adjourned to Harch 7, 1973. .... , ,,:/. ,a-4~ BERT BAU.ffiR, City Manager/Clerk "f COUNCIL ON , 1973. CITY COUNCIL HINUTES NO 307 26 , 1973 further the VII Littman expressed his concern with the condition of the slides on Red Hill. The Chair directed the Planning Commission study the whole question of Red Hill along with their studies of density. ADJOURNHENT Red Hill Slide Area The Chair called the Council's attention to the joint meeting the Planning Commission scheduled for llarch 7 at the Del Mar School to review the Countywide Plan. He requested that all revisions to the plan be sent to each Councilman immediately \0,7i th Joint The Chair questioned b~e status of the highway at Blackie's Pasture. The City t1anager reported as soon as the Federal Government approves the realignment and the EIR Report, the State will be able to proceed with acquisition of the property. r.teetin , Harch 7 Hi The Chair referred to a communication from Hr. Pieter Hyers, chairman of the Belvedere-Tiburon Environmental Committee, in which he objected to the City's having sprayed without first consulting with their committee on the proper insecticides to use. After consulting with the Superintendent of Public Works the Hayor agreed to con tact r.1r. I~1yers. Realignment Blackie's Pasture Area , City_S Hotion of Be,cker died for lack of of t^leeds that no smoking be allowed at Council meetings a second. No Smoking The Chair requested the newspapers announce the fact that: the City of Tiburon will be soliciting names of interested citizens to serve on the newly constituted Board of Design Review and Board of Adjustments. Vacancies on Boards of Desiqn Review and Ad;ustments VI The Chair stated the recommendations of the City Manager to approve the application of the Dock Restaurant for a business license to permit dancing are accepted, with the condition that there be no excessive noise or sound emanating outside the building as a result of this activity. QUESTIONS ro~D CO~~NTS 19 . ..". The City Manager reported no horses on his property this matter furthero APPLICATION FOR DANCING PERI'lIT , Mro Frank Cassou has advised he has and staff would therefore investigate 18 SET HEARING DATE ZONING VIOLATION IN THE KEEPING OF HORSES l-larch 7, Page 1 CITY ~~. Silver referred to the recorrmendation that a Countywide Open Space District be created to preB~rve open space by acquisition, agricultural zoning, or other m~0~S. He related the goals for COUNCIT.J MINUTES NO. 308 1973 The Director introduced Mr. Sol Silver of the Marin County Planning Department, who gave the background of the plan and of the creation of the City-County Planning Council. He stated the purpose of the plan is not to replace local plans or jurisdictions, but to deal with Countywide problems and re-enforce those policies lihich all juris- dictions can agree on and cities with adjoining boundaries can work together" Hr. Sil'\-er stated the plan only speaks to the next 20 years, and in that period of time can be constantly revised and updated. He rcvicw~d the purpose and goals for the three corridors and ~poke to the five elements of the plan, as outlined in the Agenda. He stated the costs of implementation have been detailed in order that the citizens can d~termine which of the goals of the plan can be imp1em~nted immediat~ly and which sould wait for new resources The Director stated ~c first mattor for consideration is the three basic goals in the plan, which refer to the issues of population, transportation and implementation. He would recommend the City determine whether these goals, as set out in the plan, are consist- ent with the goals of the City of Tiburon and that approval of the specific elements in the plan be withheld pending Tiburon's adoption of its own General Plan to d~termine if there will be conflicts. The Director of Community Development presented to tile Council and Commission the Countywide Plan, prepared under the guidance of the City-County Planning Council. He related the history of the public meetings held on the plan in Tiburon and in other cities in the County and stated the plan is now ready to be considered for adoption by the CCPC as well as the 14arin County Planning Commission. He stated the plan consists of maps and written material which includes baCk- ground material, research, diagrams, a statement of goals and poli- cies, a.nd method.s for implementation. He reviewed the maps showing the three zones which the COtt.1ty h.3.f3 been divided into, the Coastal Recreation Corridor, the Inland Rural Corridor, and the Eastern Urban Corridor, \'lhich, at the suggestion of the City of Tiburon, has been renamed the City-Centerca CorLidor. , NARIN COUNTYtiIDE PLAN I-layor Sennett, Aramburu, Becker, Fanning, Littman Chairman Pro Tem Bassett, Matthews, Tayer, tiatson, Wayne None Kuhn Bert Balmer, City Manager R. L. Kleinert, Ass't City Manager Richard Arjo, Dir. of Community Develop Hellen K. Hecht, r.linute Clerk Sol Silver, Marin County Planning Dept. III BUSINESS . EX OFFICIO: ABSENT . . COUNCILMEN: COMHISSIONERS COUNCILMEN: CO~1nISSIONERS . . Ross , PRESENT II An adjourned joint meeting of the City Council and Planning Commis- sion, City of Tiburon, State of California, was oalled to order by Mayor Albert H. Sennett at 8:12 p~mo, March 7, 1973, in the Music Room of the Del 14ar School.' ROLL CALL I CITY COUNCIL - PLM~I~G CO~~ISSION CITY OF TIBURON CALL TO ORDER r.1arch 7 Page 2 CITY COUNCIL Mr. Bryan Chapman, chairman of the Tiburon Peninsula Advisory Com- mittee, spoke for the plan on the grounds there is no consistent planning for the entire Tiburon Peninsula, and the Countywide plan would coordinate planning for the unincorporated areas with City planning. lJIINUTES NO 308 , 1973 ~~. Leo Souza questioned the length of time the City would be com- mitted to the plan. The City Manager stated legally the City is only committed to the plan on a year-to-year basis. Mr. Irving Moulin urged no action be taken until there has been more opportunity to study the plan. He stated in his opinion Tiburon's needs are different from those of the rest of the County, and there- fore questioned whether Tiburon should be included in a countywide plan. Mr. Donald Batten, chairman of the Council of Tiburon Homeowners Association, advised the homeowners' associations have reported they do not have enough information about the plan to make a decision, and therefore would request no action be taken on the plan this evening. The Chair referred to communications received from a number of individual citizens urging that the plan be rejected by the City; an endorsement of the plan from the Tiburo~ Peninsula Advisory Committee and urging that the mandatory review provisions of the CCPC be reinstated; and a resolution passed by the Mount Tiburon Property OWners urging that the plan be rejected. Aramburu, as the Council's delegate to CCPC, reported on the forma- tion of the CCPC by joint-powers agreement between the County and the eleven cities of Marin County, and advised of its composition and its goals. He reviewed the Countywide Plan, emphasizing the four revisions to the plan as outlined by Mr. Silver and the three major goals. He recommended the plan be evaluated in terms of what it would mean to the City of Tiburon if these goals were adopted. In his opinion, the goals are consistent with those of Tiburon. Rather than making major highway improvements to meet the needs of the increasing population, concentration would be focused on an improved intra-city bus system 4 Their proposal for low and moderate-income housing units is rather than assigning specific numbers to each juris- diction, a list of proposed programs would be provided and each city could determine its individual needs. 3. The population assignment for 1990 286,000 to 300,000. 2. was The original plan called tor a mandatory review body made up of representatives of the II cities in the County to insure that the plan was being fulfilled and conflicts re- solved. The cepc has now recommended that the powers of the reviewing agency only be in an advisory capacity. This would be on a trial basis for the first year after the adoption of the plan. If it is determined cities are not voluntarily complying, the powers can be re-examined. changed from 1. Mr. Silver stated the ccpe has only adopted the three major goals of the plan, and the balance of the controversial issues have been referred to ~~e various committees of the CCPC for further study. The following recommendations have been made by ccpe in this regard transportation and outlined their activities with Bridge District in this regard. the Golden Gate CITY COUNCIG MINUTES NO 308 r-larch 7 Page 3 , 1973 Aramburu called the Council's attention to page 2, paragraph 3 of the Information Report pIapared by the Marin County Planning Department, wherein Suggested Adoption Procedures are set forth Littman questioned the action to be taken this evening in view of (l) Mr. Aramburu's recc~nendation that the three goals only be adopted; (2) the Director's recorr~endation the goals, policies and methods of implementai:ion be considered; and (3) Mr. Silver's asking that the goals, policies and plans be consideredw The Chair responded each councilman and commissioner must make his own decision on what should be adopted this evening. Matthews questioned future action on the plan. The Chair responded should the goals be adopted this evening, the specific elements of the plan would be analyzed by the Planning Commission in relation to each of the specific elements of the City's General Plan, being open space, housing, et cetera. If there are discrepancies, then steps would be taken to either alter the City Plan or recommend to CCPC that the County plan be revised. Ross expressed his agreement action be taken this evening ~vi .th Commissioner Wayne stutcd as he had just received the plan the before, he was in no position to r:~ke a decision this evening; further, in his opinion T:i.buj:-on is not..; ove.rplanned. the plans as amended, and urged night and, At this time the Chair t.urned the matter mission for delibera"!:io;~: and app' Jpriate over to the Planning Com- action. Mr. Littman spoke of the recommendation by the County Planning staff to the Board of Supervi.sors that they endorse State legislation to empower the County reviewing agency to have authority to insure that the goals of the county plan had been met. Mr. Silver responded the proposal was made so that ~f a local jurisdiction wanted a mandatory review, there would be legislation delegating this power; but the provision for a mand::ltory revif;wing agency has been deleted from the plan. I'4r. Pieter I.lyers suppo:t'ced the plan as a means whereby growth can be accomplished without destroying the quali ty .~. of life in IvIarin County. He urged the plan be adopted in principle, without getting into details, and that the City make every attempt to insure the plan is workable not only in Tiburon but in the County. fl\cC vne. . d h . b. b · f Mrs. UcK~6n quest10ne wether a \'lorkJ.ng plan would e feasl. le l. cities are given the opportunity to withdraw on a year-to-year basis. The City Manager stated the City cannot relinquish its rights to withdraw from the plan, but he would hope through the election and appointment of responsible officials every effort would be made to make the plans workable; and in the next five years should it prove not to be, it could then be amended to meet the specific needs of the cities. In response to a question by Fanning, Hr. Silver stated each city has control over the property in its own jurisdiction. Cities can go all the way from total adoption of the text and the maps, incor- porating them as part of their City plan, to merely accepting the plan in broad principle, developing their own plans. Fanning stated even if all ten cities were to adopt t..he plan, it ,qould not be imposed upon Tiburon until Tiburon chose to adop~~ it. To a question by ~lr. Edward Hiddendorf, president of the Reedland Property Owners Association, the Chair stated the Countywide plan would have no effect on annexation plans. Harch 7, Page 4 CITY COUNCIL 4. The County, both prior to incorporation and recently, has frequently been unable to persuade County officials to keep develop- ment in and near the City to as low a scale and density as is com- parable to the City's general character. f.1INUTES NO 308 1973 3. The County Planning Director has informed the City that it should adopt all or part of the plan as seems in the best interests of the City of Tiburon and its citizens 2. The plan covers the entire County of porated cities. !-iarin 1. The City Council has received and reviewed the l61-page proposed r1arin Countywide Plan consisting of general goals, specific area plans and restriction and implementation proposals. , including incor- Littman objected to the Council's taking action this evening in that the latest revisions were presented to the Council members the previous evening, and revisions are still being made by the CCPC. He therefore proposed a substitute resolution, seconded by Fanning, as follows: The Chair read the motion of the Planning Commission to It was thereupon moved by Aramburu, seconded by Becker, motion of the Planning Commission. the Council. to adopt the A recess was taken at 9:45 p.m., the meeting convening at 10 the roll call standing as originally taken. :00 p.m., AYES NOES: ABSENT COMHISSIONERS CO~.1HISS lONERS COl4MISS lONE RS . . . . RECESS Bassett tvayne Kuhn , l',latthews , Ross , Tayer, Watson Qustion was called and the motion carried Tayer suggested amending the motion to include that the Commission endorses the three basic goals, together with the policies set forth in the summary document. Bassett stated the intent of his motion is that the Commission adopt this as guidelines only. Wayne stated in his opinion the motion endorses much more than has been discussed this evening. Ross spoke in support of the motion as a starting point for the City to analyze how the goals and policies can be implemented to the City's advantage, with the information being sent back to the CCPC over an extended period of time and the necessary amendments made to the General Plan. Bassett moved, seconded by Ross, to recommend that the City Council approve in principle the goals and policies of the Countywide Plan and to adopt conditionally as guidelines only and subject to more detailed refinement at the community level the policies relating to open space, economic development, housing and transporation, as they specifically relate to the Tiburon area. Chairman with the of Bassett encouraged the City of Tiburon's working together rest of the County, which can be accomplished by the adoption a countywide plan Tayer supported adoption of the three goals on the basis consistent with the goals of Tiburon. they are In response to a question by Tayer, Mr. Silver reviewed the action of the other cities on the plan, advising three have taken no action at all and some have adopted all the general goals and deferred aotion on the elements of the plan until tlleir own general plans are updated. Commissioner Watson stated in his opinion it is to the individual city's advantage to work with the county in planning, and he would therefore recommend the goals be adopted; and, further, that CCPC be encouraged and given full support in this endeavor. CITY COUNCIl. X4INUTES NO 308 March 7, Page 5 1973 It was moved by Littman, seconded by Fanning, to delete all the words after the phrase "CountY\olide Plan" because they are now redundant. Littman stated that neither the Marin County Planning Commission nor the CCPC have adopted the Housing Element of the pro- posed plan, and he therefore objected to the City's being asked to adopt something which has not been finalized. Aramburu reviewed the past history of the plan and the fact that it has been prepared only after much consideration and a number of meetings AYES: NOES: ABSENT COUNCJ.LNEN COUNCI LHEN COUNCILMEN . . . Fanning, Aramburu, None Littman Becker , Motion of Fanning, seconded by Sennett, that the words be stricken from the original motion, carried: Sennett AYES: NOES: ABSENT COUNCILHEN COUNCILX.1EN COUNCI LHEN . . . . Fanning, Ar amburu .., None Littman Becker Sennett 'and pOlicies Question was called on At the request of Becker, the Chair requested Mr. Silver define the word "policies," as used in the original motion, which refers to "goals and policies. n l\lr. Silver stated a summary of all of the county- wide policies is contained in the text distributed by the Planning Director to the Council and CO!l1Itlission. He reviewed the policies as listed in the summary section 3 the substitute motion , and the motion failed Fanning stated he prefers tllis motion in that the Planning Commission motion indicates they "accept the general goals and policies of the Countywide Plan," and no definiti,,:"'; answer has been presented as to what the policies are. He objected to the plan only covering the next 20 years, three of \~lich have already elapsed. with the approval of Littman, Fanning corrected No. "Requests the City to not commit itself. . ." 's 7. Except as hereinabove specifically stated, reserve consideration of the more detailed elements Plan. 6 the Council will of the County to read, 6. Requests the County to not commit itself on approving any development in unincorporated areas adjacent to the City of Tiburon unless they are in general conformity to the General Plan of the City of Tiburon. 4. Agrees that \ole should strive to maintain and enhance the high quality of our environment and to achieve a balanced system of transportation, land use and open space. CoUNN'6 ,.ts 5. Accepts the '~'s responsibility periodically to review ~ General Plan and Zoning Ordinance and to complete its present efforts to adopt and then implement its open space and housing element. 3. Agrees that efforts shall be made to bring more employment to Marin without damage to living conditions, and notes that the development of the Tiburon Downtown Plan will contribute to that goal 2. Agrees that efforts should be made to achieve less dependence on private automobile travel, particularly in commuting hours, and will continue its effort with res:!ect to encOuraging ferry and bus use. 1. Accepts the principle of limiting the growth of population and keeping densities low in the City of Tiburon's unincorporated areas on the Tiburon Peninsula, and in Marin County as a whole. Resolutions ~~~ , the City of Tiburon: Question was called on the motion of Littman, and the motion failed: AYES: COUNCILNEN: Fanning, Littman NOES: COUNCILI.iEN : Aramburu, Becker, Sennett ABSENT: COUNCILNEN: None To a question by Littman as to what part of the housing element has been purportedly adopted as a guideline, the Chair stated it is the material that the Council has before it for this evening's considera- tion, and that material consists of updated summarizations of the County Plan, including the Housing Element. Littman registered a very strong objection to the procedure followed this evening in that the Planning Commission cannot advise the Council on a matter until they have had a reasonable time to consider it and reflect upon it. In his opinion, they have not had ample time to study this matter in order to properly advise the Council. He ques- tioned the urgency in the matter. Becker responded the first document was prepared in 1970. He reviewed the history and the number of meetings held by the CCPC and the City in this matter, and stated the plan is a natural outgrowth of earlier decisions recommitted each year. He stated in his opinion the plan will be beneficial to both the City and the County. Question was called on the original motion, as amended, and the motion carried: AYES: COUNCIL!'1EN : Aramburu, Becker, Fanning, Sennett NOES: COUNCILHEN: Littman ABSENT~ COUNCILHEN: None ADJOURNr-mNT The Chair adjourned the meeting at 10:37 p.m. ,/; Ul/ (/j.k ~ 'I /~'L ~"~/L~_ B~RT BAUvffiR, City Manager/Clerk APPROVED BY THE CITY COUNCIL ON: April 2nd , 1973. I (r/IT!-j OF TIBU1{ON CITY COUNCIL MINUTES NO 308 March 7, 1973 Page 6 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 ~1ayor Albert H" Sennett at 7:45 p.m., March 12, 1973 , in the City Hall Council Chambers. II" ROLL CALL PRESENT: COUNCILilEN ~ llayor Sennett, Aramburu, Becker, Fanning, Littman ABSENrr ; COUi~C ILllEN : Hone EX OFFICIO:: Bert Balmer, City i.lanager R. L. Kleinert, Ass't City Hanager Richard Breiner, Deputy City Attorney Stanley Bala, City Engineer Ricllard Arjo, Dir" of Community Dev. Louis F" Brunini, Supt" of Public Horks Hellen K" Hecht, lIinute Clerk III" APPROVAL OF NINUTES i-Jo " 306 It ",as moved by Becker, seconded by Aramburu, to approve J.1inutes Ho. 306 of February 14, 1973 " Fanning made the following corrections: Paragraph 10, page 4, line 2, to read: n engineer . " . be retained by the applicant to analyze the intersection .. . " . Page 4, the first paragraph should be corrected to read: IIHe revie~led the Environmental Impact Heport and pointed out the numerous defects in that report" \1 dr" Herbert .':lenig called the Council's attention to Resolution 511 the resolution approving revisions to the Hilarita Precise Plan, and stated the resolution does not reflect \-lhat actually happened at the meeting in that the Council never revie"led the Ilaster Plan, as reflected in the resolution. The Chair advised at this time the Council is only acting on the approval of the minutes" The only matter for consideration is \'lhether or not the minutes truly summarize the discussion on February 14, and discussion of the resolution is outside the parameter of the approval of minutes. Littman made the follo\ling corrections: On page 2, paragraph 8, line 2, should be corrected to read: ;. I-lr . Kaplan stated that although the building was 280 feet long, it t1ou1d appear as though it vlere three buildings because it "las broken up. Littman stated they ''lere three physically connected buildings, according to the plan. LIr. Kaplan stated the bui1din'l3 ~>lill not affect the soils condi tions II The roll call at the bottom of page 4 should be changed to reflect Littman voting no. It was moved by Littman, seconded by Becker, to amend the minutes under Itea 3 to reflect the statement that the Council did not revie~v the amended daster Plan. Becker reminded the Council that the resolution was read in its entirety to the Council at that meeting. CITY COUNCIL i lIaUTES NO 309 I,larch 12 1973 Page 1 Fanning agreed with the fact that the Council never reviewed the 11aster Plan, but stated the minutes are a record of Nhat did happen, and the resolution was adopted. Question was called and the motion failed: AYES: COUNCILlJEN ~ Littman :iJOES: COUHCILl,lEi.J :; Ara~)uru, Becker, Fanning, Sennett lillSENT: COUNCILr.1EN: None Question was called on the motion that the minutes, as amended, be adopted, and the motion carried: AYES: COUNCILdEi:J: Aramburu, BecJeer, Fanning, Sennett NOES: COUNCILi.1EN: Littman ABSEHT: COUNCILNEi~ ~ None It was moved by Fanning, seconded by Aramburu, to approve Ilinutes 307. The Chair requested the first pa~agraph on page 2 be corrected to reflect IlLittman suggested,il rather than the Chair. Fanning requested the follo\'Ting insert after paragraph 8 on page 5: >Ipanning pointed out that communal forms of living \'lere also defined in the ordinance and areas permitted and not permitted are deline- ated.ll Fanning requested the following be inserted at the bottom of page 5~ IlHr. Smith stated he was not going to carryon the edu- cational programs but they \.'lere going to hire competent people. n Becker corrected the spelling in paragraph 5, page 6, to Hr. Buxton. There being no objections, =linutes 307 '-lere adopted as approved. IV. BUSINESS OF THE COUNCIL 1. REZOclING ~~D PREZONING OF Action: Cont'd to April 9 102 ACRES - Neil Smith, Applicant The Chair stated this matter has been continued to April 9 at the request of the applicant in order that he can meet further \.,i th the neighbors to further clarify his proposals for the property. . USE PERI.lIT APPLICATION FOR l\ction ~ Res. 515 adopted RO-2 SUBDIVISION ~'lITHIH OPEN SPACE HORATORIUll - R. Ham, Applicant The City ilanager stated this matter had previously been referred to the Planning Commission, and their recommendation and the staff's was to deny the permit, without prejudice, on the basis of the necessity to first complete the adoption of the Open Space Element before permits are granted for property that may possibly be included in tile Open Space areao The Director of Community Development stated the recommendations of the Planning Commission on the Open Space Element should be before the Council on ~larch 26, and rezoning con- siderations on April 90 In response to a question by the Chair, the Director stated the property in quest10n is property within the Open Space study area. l-Ir. Ham, the applicant, revie~'Jed the past history of his property and the many continuances by the City. He requested the Use Permit be granted in order that he can present his plans to the Planning Commission CITY COUNCIL 11INUTES NO 309 I,larch 12 f 1973 Page 2 Ilarch 12 Page 3 CITY COUNCIL Aramburu amended his motion, with the consent of Fanning that the denial be ~vithout prejudice. IlINUTES NO 309 , , to include 1973 The Chair stated the Council is back to the original motion, and gave the applicant the opportunity to speak in this regard. Hr. Ham reiterated his request that the use permit be granted so he can proceed \"lith the plans in that the streets are already in and the area has been zoned RO-2 since the beginning of Tiburon's history AYES: HOES: ABSENT:: COUNC ILl fiN COUNCILHEN COUi~CILrIEN Littman Aramburu None Becker , Fanning Sennett Question Aramburu called the Council's attention to action taken on November 27 wherein the Council continued this matter for recommenda- tions from the Planning Commission and the Open Space Committee, and now he would urge Council follow their recommendations that a use permit not be granted at this time. was called on the substitute motion , and the motion failed The Director stated if this motion carries, the Commission \1ill be considering a tentative map under norma~ procedures, and not those required by Ordinance 87 N.S. which established the Open Space moratorium and the Use Permit procedure. Littman offered a substitute motion, seconded by Becker, that the matter be referred back to the Planning Commission with instructions to revie\v as soon as they possibly can and no later than the end of April \'lhether the proposed use permit is consistent Hith the Open Space Element, and report back to the Council. The Chair reminded the Council that the applicant has previously presented his plans to the Council, but as a courtesy inquired if the applicant had anything further to present '1i th respect to proposed development for the area. Hr. Ham responded he did not bring the plans this evening, and agreed they have previously been presented to the Council but he has never had the opportunity to present them to the Planning Commission. The City l-Ianager explained the reason for this is the moratorium procedure has been for an applicant to first request a use permit; should that be granted, then the plans are presented. He stated the question before the Council this evening is not on the merits of the plans but \.,hether or not the Council has sufficient knowledge wi~h respect to Open Space plans and rezoning for the property in question to grant a use permit. The Planning Conunission has recommended no action be taken because of its inability to report on its final recommendations on ~1hat action is proposed to this land in terms of the moratorium and the rezoning In response to a question by Becker, the City Attorney informed the Council that the finding required by the ordinance to grant a use permit is that such subdivision or use be consistent uith the contem- plated Open Space plan and the Open Space zoning ordinance as may be adopted by the City. The Chair stated in his opinion until the studies of the Open Space Element are completed by the Plannlng Commission and the Open Space Committee, the Council is in no position to consider either favorably or unfavorubly the use being requested for this property It was moved by Ararnburu, seconded by Fanning 515 denying the use permit. to adopt Resolution Littman stated in his opinion the purpose of the use permit is to hear aplications for use permits and not to just delay all use permits until after the adoption of the Open Space Element and the rezoning action. On that basis he urged that the matter be heard this evening. CITY COUNCIL IiINUTES NO 309 Iiarch 12 Page 4 1973 A recess the roll was taken at 8:45 p.mo, the Council reconvening at 8:55 p.rn standing as originally taken. , AYES: NOES: ABSEi~T COUHC ILL lEN COUNCIL1JEN COUNCILlIEN Aramburu None :None RECESS Becker Botion of Becker, seconded by Littman, to adopt Resolution 517 ing a r-Iaster Plan for RO-2C development at 88 Round Hill Road, the attached resolutions. carried: Fanning Littman Sennett adopt- with The Director stated this matter had been continued for the sub- mission of a new grading plan to be approved by the City Engineer The City Engineer expressed his approval of the plan submitted, and the Chair directed Grading Plan Dra\ving No. 7 dated Ilarch 12, 1973, and the cut and fill plan dated I,1arch 12, 1973, be attached to the resolution as exhibits thereto RO-2-C aASTER PLAN Earco Radomile, Applicant 5 AYES: NOES: ABSENT COUilCILllEN COUi-JCILl.illN COUNCILIIEN Aramburu, None i\Jone Action Res 517 adopted Becker Fan!ling, Littman Sennett Question The Chair expressed the consensus of the Council that \lood is not necessarily preferred over stucco, and the Board of Design Review being requested to approve the exterior color only. \'laS called and the motion carried is It was moved by Fanning, seconded by Aramburu, to adopt Resolution 516 recommending conditional approval of PD Precise Plan, 'lith tile addi- tional finding that the color of the exterior be approved by the Board of Design Review. In response to a question by the Chair, the Director stated his o't'1n personal preference ,,,ould be for stucco, as long as it is an earth tone. Aramburu supported using stucco for conservation reasons, to preserve redwood trees. I'lr. Hillard Rand, architect, spoke to the plans and the reasons for their preference for wood. He stated the building height is 20 feet, and they were hoping to obtain color differential beo1een the vertical trim in the plaster and a texture difference that \'1ould give the building some relief. If they used wood, tilere would simply be vertical redwood boards. The Director of Community Development presented the application for Precise Plan approval for the Bank of America Building at 1601 Tiburon Boulevard. He stated the Planning Commission recommended approval of the application, ~lith the condition that the Board of Design Reviffil reinspect the plans as to ti~e exterior of the building and the recommendation that the siding be in 't-lood rather than stucco or plastero PD PRECISE PLM~ - BF~K OF Action AHERICA - t'Jillard Rand. Applicant 4 AYES: NOES~ ABSENT COUNCILI1EN COUNCILlIEN COUNCILilEN .. Aramburu, Fanning Becker, Littman None Res 516 adopted Question Sennett vIas called and the motion to adopt Resolution 515 carried Harch 12 Page 5 CITY COUNCIL In response to a question by Aramburu on the reasons for staff's recommendation to continue the matter, the Deputy City Attorney responded staff could not recommend to the Council that it make the necessary findings because evidence has not yet been presented to the Council. He stated, however, that the Ordinance requires that a hearing be held within 55 days from the filing of the application. As this is the last rneeting before the 55th day, the Council is obli- gated to consider whatever relevant factors the applicant has to i1INUTES NO 309 1973 It was moved by Aramburu, seconded by Fanning, that the Council accept staff's recommendation that the Use Permit application hearing be continued. Fanning stated Use Permits have been granted to property owners whose land is not under consideration for inclusion in the Open Space Element. To a statement by Fanning that there is no reason for the Council to hear the merits of the project if a Use Permit is not going to be granted, Hr. Ellman responded they want the opportunity to present their proposal to the Council because until they receive an answer from the City, they are not entitled to see whatever rights they may have in the courts. He stated the Judge has indicated he is in no position to judge the case until it has been determined what action the City 'tvill take The Deputy City Attorney responded that the Use Permit procedure does provide a safety valve for uses which the Council may find are not inconsistent with the contemplated amendments to the General Plan. He stated that in order for the Council to grant the permit, it must make certain findings, and that if the Council does not have sufficient evidence before it to make those findings, ~t must either deny the permit or continue the hearing for a reasonable time so as to obtain additional evidence. The Chair requested the record reflect he does not accept Mro Ellman's characterizations about the record or what happened at the trial. The Chair inquired of the Deputy City Attorney whether in light of the presentation his recommendations still agree with the staff that the matter be continued until such time as the Council has appropriate additional information from the Planning Commission with respect to the Open Space use. Mr. Howard Ellman, attorney for the applicant, reviewed the history of the projecto He stated the day after the plan was presented to the Design Review Board, the moratorium was adopted as an urgency measure. They then filed a lawsuit claiming that this constituted a violation of their rightso At the hearing of the lawsuit, the City Attorney argued that the provisions of Ordinance 87 NoS. provide for application of a use permit whereby anybody aggrieved by the mora- torium could obtain immediate relief from the moratorium by applying for a use permit, and now they have discovered that no consideration will be given to use permits until the Open Space Element has been completed. He stated in view of the arguments presented to the Court by the City Attorney, he feels they are entitled to be considered at this time, and that the Use Permit either be granted or denied without prejudice. He would object to a continuance as being incon- sistent with the position taken by the City at the time the Emergency Ordinance was adopted. The City Manager presented an application for a Use Permit to allow development of the 15-acre parcel known as the McNaught property, with the recommendation that the matter be continued to May 14, at which time it is anticipated the Council will have the necessary information to make a decision on this matter in that the Open Space Element and the Open Space Ordinance will have been before the Council 6 HcNAUGHT USE PERr"IIT 1625 VISTAZO WEST Action Hearing cont'd to 4/23/73 March 12 Page 6 CITY COUNCIL There being no objection, the Chai~ tinued to April 23 at 7~30 p.m. HINUTES NO 309 1973 ruled that the hearing be con- Littman requested the record reflect the purpose of the use permit procedure is for the Council to grant a permit if it felt it was compatible with the Open Space Element. The density proposed for this project is such as to be incompatible with his understanding of the Open Space Element the City is working toward, and therefore at this time a Use Perm5.t could not be justified. For that reason he would support the hearing be continued so that the Council could receive additional evidence. Aramburu requested the record reflect that the motion to continue was made after the hearing on the matter; and, further, that it was made after the Council considered the findings in the staff report, and, in his opinion, th~ two conditions have not been met. The Chair stated it is the intent of the Chair, if the motion carries to continue the hearing to the second meeting in April, as recom- mended by staff, which will be after the Council has had the oppor- tunity to receive the Planning Commission's action on the Open Space Element and the zoni.ng ordinance implementing the Element In response to a question by Fanning, the Oeputy City Attorney stated the ordinance does not require that the Council make a decision within 55 days, but that the applicant is entitled to have the matter heard within this time frame. He said that the Council may continue the hearing, but that the law would require that such con- tinuance be for a reasonable tinlc , 11r. the Mr. Littman requested the applicant furnish the Council a copy of letter from tne Tiburon penins'lla Club approving the project. Ring outlined the conditions ci the TPC approval In response to a question by Fanning, Mr. Ring stated they have a title report showing access to the ~iar West Street. r1r. Ring said that the Tiburon peninsula Club has approved the proposed project. In response to a question by Littman, Mr. cent in-lieu-park fees have been figured Ellman stated the 5 per- in on the cost of the project Mr. Ring presented various maps, drawings and photographs of the proposed project and reviewed its geology, its relationship to St. Hilary's and to the Tiburon peninsula Club, various plans for cluster- ing, parking plans, type of architecture planned and color schemes, and landscaping. Mr. EJ,lman stated they would comply with any condi- tions the City Engineer wished to impose. Mr. Howard Ellman introduced Mr. James Ring architect; Mr. Roy Hoffman, Civil Engineer; Mr. Robert Copple, structural engineer; Mr. Tak Enomoto, architect; Mr. Dick Hanson. landscape architect; Mr. Don Clark, soils engineer. and On the advice of the Deputy City Attorney, the Chair declared the public hearing opened and requested the applicant present whatever evidence or other facts he deems relevant. In response to a question by Fanning, the Deputy City Attorney stated if the use permit is granted, the procedure, pursuant to the provi- sions of the Zoning Ox.dinance, would be for the applicant to then present his deve1opm8it plans to the Board of Design Review. present. The Deputy City Attorney read the requirements of the ordinance in this regard. He stated that after hearing the evidence, if the Council deems it can make the necessary findings in order to grant a Use Permit, it may do so; or, if it determines it cannot make the necessary findings until the progress of the Open Space Element is farther along, the matter can be continued for a reasonable period, or the application can be denied. CITY COUNCIL fl:lINUTES NO 309 r.larch 12 Page 7 1973 On motion of Fanning, seconded by Becker, full reading of the ordi- nance was waived and the ordinance was read by title only. An ordinance entitled AN ORDINN~CE OF THE CITY OF TIBURON Afl:mNOING SECTIONS l6-A-2 AND l6A-4(g) OF THE TIBURON CITY CODE, having passed first reading, came on for second reading and adoption 8. REVISIONS TO THE SIGN CODE AYES: NOES: ABSENT: ABSTAIN COUNCILNEN COUNCILlffiN COUNCILrmN COUNCIL~1EN Aramburu 1'1 on e None'~'" Littman Action Ord passed 1st reading Becker , Fanning , Sennett Question was called Littman called the Council's attention to the fact that many lots in the vicinity of the proposed development have less than 20,000 square feet, and he would urge the Council determine how many in the area are duplex lots, what the average slope policy is, and on that basis decide whether or not the applicant is making a reasonable request. , and the motion to deny the appeal carried It was moved by Fanning, the Board of Adjustments seconded by Aramburu, be upheld. that the decision of Mr. Bruce Hughes, speaking for himself and Mrs. Carol Kennedy, spoke against the granting of the varian~e. He referred to Planning Commissioner Matthews' letter setti.ng fortt :he reasons the Board of Adjustments denied the variance. Mr. Mutrux, the applicant, spoke to the appeal and offered exhibits showing the area and the proposed development. He urged the vari- ance be allowed in that he has been paying taxes on eight lots to the County, and also because extensive soils work will be necessary on the site, which will make building very expensive. He reviewed the conditions for granting variances and the reasons he feels his project meets the conditions. He reviewed the proposed plans and stated his development would not be inconsistent with others in the area. The Chair declared the public hearing open The Director stated the applicant desired to divide the center lot of his property into two further building sites, which would give him four duplexes. As the slope of the property exceeds 25 percent, the slope policy under Section 14 of the Zoning Ordinance requires minimum lot areas to be 28,000 square feet. Therefore, in order to create the two additional lots, a variance is necessary. The Board of Adjustments denied the request for a variance on the grounds the neces- sary requisites for granting variances could not be found. The City Manager presented to the Council the appeal of Mr. Phillippe Mutrux from the decision of the Board of Adjustments denying a vari- ance to allow the creation of two lots with less than the required area in relation to slope. APPEAL OF BOARD OF ADJUSTHENTS DENIAL OF A VARIANCE Phillippe Mutrux, Appellant 7 The Chair continued this applicant. Action Appeal denied 3 matter to r1ASTER PLAN 7-11 I1AIN STREET Fred Zelinsky, Applicant l1arch Action 26th at the request of Cont'd to r1arch 26 the Harch 12, Page 8 CITY COUNCIL After discussion by the Council on the purchase of the 4.75 acres of land from the Housing Authority for $36,000, the Chair directed staff prepare a draft of a letter for the Mayor's signature for the next Council meeting indicating Council's consideration of the offer to purchase the 4.75 acres of land; subject to the removal of all structures on the site, at $36,000. The other alternative to be considered is whether in lieu of any restricted offer of purchase the City simply wishes to have their option to purchase this land extended. f.1INUTES NO 309 1973 9 REED SCHOOL PARK AYES: NOES: ABSENT IV COUNCILHEN COUNC ILI:.1EN COUNCILHEN BUSINESS OF THE COUNCIL Becker; Fanning, Aramburu None Littman , Sennett Question Aramburu spoke against the motion on the basis it a precedent. was called and the motion carried would be setting For the record, the Chair ruled that the Council considers the matter presented this evening an .appeal from the Planning Commission; and because of the apparent emergency nature, the usual requirements of a written appeal are waived. It was moved by Littman, seconded by Becker, that Mr. Wiru<leman, unit 3; Mr. Ehlers, Unit 4; and Mr~ Prinsler, unit 7, be permitted to move into their respective houses provided that there first be on file with the City an agreement referred to by the Deputy City Attorney warranting that the landscaping will be completed in accordance with the mandate of the Planning Commission and in accord- ance with the bond on file. The Deputy City Attorney advised if the Council is satisfied the bond is adequate to cover the landscaping required by the Planning Com- mission, the Council could construe this as an oral appeal wherein there is a specific hardship and an agreement could be drafted to cover this specific case for the developer to sign guaranteeing that the landscaping will be completed. Mr. Bill Abrell, representing the tqMC Development Company which has just completed a project consisting of 24 individual homes on Red Hill Circle, requested permission for three property owners, who are currently living in the Lodge, to move into their respective homes before the Planning Commission gives formal approval on a revised landscaping plan. 11r. Abrell reviewed the background of the project wherein the revised landscaping plan was requested by the Planning Commission, and stated a bond in the amount of $15,000 is currently posted with the City for the landscaping work. The Director stated the Planning Commission has directed no occupancy permit be issued until the landscaping plan is approved by the Planning Commission. AYES: NOES: ABSENT V COUNCILMEN COUNCILHEN COUNCILI,ffiN PUBLIC QUESTIONS Aramburu None None AND COr.U1ENTS Becker Becker withdrew his motion, with the approval of Fanning, and moved, seconded by Fanning, that the ordj~ance, as amended by the Deputy City Attorney, be deemed to have passed first reading. Motion carried , Fanning , Littman , Sennett To a question by the Chair, the Deputy City Attorney stated the change to Section 16A-4(g) (2), as recommended by staff, is sufficient to require that the ordinance go back to first reading. It was moved by Becker, seconded by Fanning, that the ordinance be deemed to have passed second reading and be adoptedo 100 GUIDELINES FOR ENVIRONltffiNTAL II1PACT REPORT This matter was continued to March 23. 11. CLAIH FOR PROPERTY DAIlAGE On motion of Becker, seconded by Fanning, the Claim of Fr~klin J and Maureen E. Buscher for alleged property damage was denied: AYES: COUNCILHEN: Ararnburu., Becker, Fanning, Sennett NOES: COUNCILHEN: Littman ABSENT: COUNCILMEN: None VI. ITEHS NOT ON THE AGENDA Motion of Becker, seconded by Littman, to adopt Resolution 518 entitled itA resolution of the City Council of the City of Tiburon Declaring Intent to Commit City Matching Funds for TOPICS Projects," carried: All Ayes. VII. REPORTS CASH FLOW - February DEVELOP~mNT ADMINISTRATOR'S REPORT - February POLICE REPORT - February The Chair accepted the above reports. REGISTER OF CLAIMS Motion of Becker, seconded by Littman, to adopt Register of Claims No. 104, carried: AYES: COUNCILNEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILHEN: None ABSENT: COUNCILHEN: None VIII. COHr.1UNICATIONS The Director called the Council's attention to the recommendation of the Planning Commission that an emergency interim ordinance be adopted prohibiting development in the R-3 zone. On the recommendation of the City Attorney that such an ordinance would not be legal because it would cover the same properties covered under the previous mora- torium, the Chair directed no action be taken at this time. IX. OTHER BUSINESS The Chair directed the members of the various committees furnish status reports with respect to all outstanding items. He requested this information be submitted by the first meeting in April in report form. X. EXECUTIVE SESSION At 11:30 the Chair adjourned the meeting into Executive Session to discuss pending legislation. XI. ADJOU~MENT At 12:30 a.m., there being no further business to come before the Council, the Chair declared the meeting adjourned ~ine die. ',,/') /' _.~.;<. /;<.-..'". ,; '. '. BERT BALf-mR, City nanagerjClerk NO. 309 r-iarch 12, 1973 Page 9