Loading...
HomeMy WebLinkAboutTC Min 1978 (April thru June) CORRECTED CITY COUNCIL CITY OF TIBURON CALL TO ORDER The regular meeting of the City Council of the City of Tiburon, State of California, was called to order by Mayor Hal Edelstein, at 7:40 p.m., Monday, April 24, 1978, in the City Council Chambers. I. ROLL CALL PRESENT: COUNCILMEN: Mayor Edelstein, Bass, Bergsund, Hanson, Aramburu ABSENT: None EX OFFICIO: R. L. Kleinert, City Manager; H. McCart, Former Director of Community Development; K. Palomares, Acting Director of Community Development; G. Ragghianti, Deputy City Attorney; S. Ba1a, City Engineer; S. Denney, Acting Lieutenant of Police; L. Brunini, Superintendent of Public Works; C. Kearney, Minutes Clerk; J. Lombard, P & R Supervisor II. APPROVAL OF MINUTES #463 - Page 1, III-A, line 3, add after 1I~1r. Nathaniel IVlarans" the following: 1I....representing Lyford's Cove/Old Tiburon Property Owners Association...1I Same page, same paragraph, line 4, after "Paradise Drive" insert !I....as noted in their letter sent to the Traffic Safety Committee and City Council.1I MOTION: To approve Minutes No. 463 as amended. Moved: Bass, Seconded by Bergsund Vote: Unanimous Abstained: Aramburu III. CITY COUNCIL, COMMISSION AND COMMITTEE COMMENTS ~~D REPORTS (A) Bergsund noted the front page article in the April 19, 1978, issue of The ARK regarding the Mount Tiburon public vista point in front of which a home has been legally constructed which blocks the view, and requested more information. Martha McCart stated the City file on the Mount Tiburon subdivision does not include specific information on the location of the vista point, nor is there a map which indicates a vista point which needs to be protected. Aramburu recalled that the developer had transferred this property to Marin Municipal Water District, thereby becoming a "non-func- tioning kind of view area" with a private restriction. Mayor Edelstein noted the importance of requiring developers to submit complete surveys showing easements and deed restrictions that would effect the proper design of the building. IV. PUBLIC QUESTIONS AND COMMENTS 1. RECOGNITION OF SERVICE Mayor Edelstein commended both Martha McCart, former Director of Community Development, and Barbara Brown, former Administrative Assistant; both of whom have submitted their resignations as of April 21, 1978. Ms. McCart and Ms. Brown thanked the Council, City Staff, and the Community. (A) Dee Moss, the City's representative on the Tiburon Ecumenical Association, announced a community carnival would be held Saturday, April 29~ 1978, at the Reed School to raise money to replace landscaping at the Hilarita Housing Complex. The City Manager noted that Ms. Moss would be agendized for a future meeting to ~ive an update on Hi1arita activities. (B) Mayor Edelstein noted that the IITrashathon", sponsored by the Christian Science Church, is also being held on Saturday, April 29, 1978, for the pur- pose of picking up litter along the shoreline, and the public is welcome to participate. 2. LEE WARREN, SUPERVISORY LANDSCAPE ARCHITECT, STATE PARKS AND RECREATION .. lee Warren introduced Ms. Debbie Weldon and Mr. Jack Hessmore of the State Parks & Recreation Department; and Ms. Weldon read a letter from the Depart- ment to the "Friends of Angel Island State Park", dated April 21, 1978, regarding the General Development Plan for Angel Island State Park. She invited Council and the public to a hearing on May 5, 1978, 10:00 a.m. at the Civic Center where the Park plans will be presented to the California Parks CITY COUNCIL MINUTES NO. 464 April 24, 1978 Page 1 & Recr'eat1on Commission. Mayor Edelstein inquired whether the State Parks & Recreation Department would be interested in joining with the City in its protest of Harbor Carrier's application for a fare increase and abandonment of the Berkeley/Angel Island Ferry run. Ms. Weldon responded that the Department would take this request under advi sement:J and the Ci ty i~anager was di rected to supply the Department with the appropriate materials and information regarding the City's protest and hearing dates. Council indicated concern regarding the transportation study being considered separately from the General Development Plan. Bergsund requested a letter be written to the State Parks & Recreation Department and other appropriate agencies stating the City wishes the Transportation Study to be considered either lIdove-tail" to or along with the General Park Plan. V. CONSENT CALENDAR It was requested Items 7, 8, 13, 14, and 16 be added to the Consent Calendar. MOTION: To adopt the Consent Calendar as amended, consisting of the following Items: 3. AFFIRMATION OF PLANNING COMMISSION DECISION REGARDING 6 SPRING LANE (Resolution No. 986) 4. ENCROACHMENT PERMITS: A) Driveway 130 Main Street; B) Driveway 2044 Paradise Drive 7. ECUMENICAL ASSOCIATION FOR HOUSING AGREEMENT (Continued to May 8t 1978) 8. PROHIBITION/RESTRICTION OF PARKING ON TIBUROr~ BOULEVARD (Traffic Safety Committee Recommendation) 13. MONTHLY FINANCIAL REPORT 14. LETTER FROM TOWN OF CORTE MADERA TO MAYOR EDELSTEIN, 01'0 APRIL 12, 1978. 16. LETTER FROM CITY OF LARKSPUR TO CITY OF TIBURON, DT'D APRIL 10, 1978. Moved: Bergsund, Seconded by Bass Vote: Unanimous VI. PUBLIC HEARINGS 5. S. P. DEVELOPMENT EIR (Planning Commission Recommendation for Certification) FILE NO: 47706 The former Director of Community Deve10pment~ I1S. McCart, presented this item and recommended the EIR be certified by Council's adoption of the proposed resolution. The Mayor declared the public hearing open. Mr. John Buss, representative of HKS, highlighted HKS's responses to comments and concerns received regarding the SP EIR which were raised at the Tiburon Planning Commission Meetings and hearings, and written correspondence received from reviewing agencies and individuals. Essentially, he stated the SP Downtown Development Plan does not comply with the density requirements as set forth in the Downtown Plan and the Downtown Plan would have to be amended if the proposed development is approved. However~ environmentally, the project can be accommodated within the Downtown Plan. As for low and moderate income housing within the development, Mr. Buss stated that some of the proposed units would h~ve to be reduced from 1800 sq. ft. to 800 sq. ft. Mr. Rod Friedman of Fischer/Friedman Associates, architects for Southern Pacific:J stated the EIR does not address the propagation information relating to the ferry traffic as requested at the first hearing by S.P. This in import- ant since S.P. does not intend to provide parking facilities for all the ferry traffic. Mr. Friedman stated that he could not find any reference in the adopted Downtown Plan to II 1 ow II income housing. He also stated there is an economic value in the lagoon system as it relates to the selling prices of the residential units and any ambiguities as indicated by HKS, either in the comments or the EIR, will be eliminated at the Master Plan stage. Mr. Buss also noted that the estimated $46 savings the S.P. Development would bring annually to city taxpayers would be reduced should the City share the costs in the development of the proposed drainage improvements, park improve- ments, and road improvements which are included in the City's Downtown Plan. Bergsund questioned whether this application (including the EIR and Master Plan) must be certified within one year of its submittal in accordance with CITY COUNCIL MINUTES NO. 464 Apri 1 2f~) 1978 Page 2 Senlte 11" 814. The 'erm.~ D1reeto~t Ms. MeCart. rep'1ed thlt the~e I'e two one year deadlines--one year for the EIR and one for the Master Plan-- and that the EIR deadline is June 1, 1978. However, the Master Plan applica- tion is not yet considered complete and, therefore~ the deadline has not yet started. Council expressed concerns regarding the proposed lagoon system, and Mr. Friedman replied that at the master plan stage more complete information regarding economics and structure will be submitted for the City's considera- tion. Aramburu stated the EIR should be updated to assess the Council's recent decision to abandon plans for realignment of Tiburon Boulevard and what effects the development would have on the proposed improvements to Tiburon Boulevard at Trestle Glen. It was determined this matter would be re- evaluated at the master plan stage. Bergsund requested HKS include in the EIR comments regarding coordination with Southern Marin Subregional Sewerage Agency's Wastewater Management Plan. Mr. Friedman requested staff forward copies of Planning Commission Minutes of April 5 and March 15) 1978, to his firm~ HKS, and S.P. The Mayor declared the public hearing closed. NOTION: To adopt Resolution No. 987, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON CERTIFYING THE SOUTHERN PACIFIC MASTER PLAN EIR AS COMPLETE AND IN COf.1PLIANCE '~JITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Moved: Aramburu~ Seconded by Bass Bergsund indicated concern in that it had been previously indicated that three hearings could be held for the certification of the EIR and that some people might be under the assumption that one more hearing is to be held. SUBSTITUTE MOTION: To delay certification of the EIR until May 8, 1978, to allow for more public input. Moved: Bergsund, Seconded by Bass Vote: Ayes: Bass~ Bergsund, Hanson, Edelstein Noes: Aramburu RECESS The Mayor declared a recess at 9:40 p.m., with Council reconvening at 9:50 p.m., roll call as originally noted. 6. POLITICAL SIGNS (Urgency Ordinance - Amending Section 16-A4(j) Eliminating $5.00 Deposit for Political Sign on Unimproved Property) FILE NO: Working The City Manager stated the Office of the City Attorney had been notified that the City's Nunicipal Code was not in compliance with a recent court action prohibiting the $5 deposit fee charged for political signs placed on unimproved property. Federal decisions have ruled such a deposit as uncon- stitutional. However, the Deputy City Attorney stated that if signs do not comply with the City's ordinance pertaining to placement and maintenance, the signs will be required to be removed. The public hearing was declared open. Hearing no public input~ the hearing was declared closed. MOTION: To read the Ordinance by Title Only. Moved: Bass, Seconded by Hanson. Vote: Unanimous MOTION: To adopt Ordinance No. 196 N.S.~ AN URGENCY ORDINANCE OF THE CITY OF TIBURON AMENDING THE TIBURON CITY CODE PERTAINING TO POLITICAL SIGNS. Moved: Bergsund, Seconded by Bass Vote: Unanimous VIII. NEW BUSINESS 10. PAR COURSE - RICHARDSON BAY LINEAL PARK (Approval of Project by Council) FILE NO: 3054 April 24, 1978 Page 3 CITY COUNCIL MINUTES NO. 464 This item was taken out 01 agenda order for consideration. Parks & Recreation Supervisor Jim Lombard requested Council approve the location and authorize the installation and purchase of the Parcourse Kit from Parcourse Ltd. along with the necessary materials within the budgeted limitation of $3,500. Bergsund recommended the City of Belvedere and the Reed Union School District be requested to share in the maintenance costs of the Par Course. MOTION: To approve staff recommendations for the installations, location, and purchase of the Parcourse Kit from Parcourse Ltd~ at a cost of $3,500. Moved: Aramburu, Seconded by Bass Vote: Unanimous 9. OPEN SPACE MANAGEMENT PROGRAM (Parks & Recreation Commission Recommended Rules and Regulations - Resolution) FILE NO: 3015 Parks & Recreation Supervisor Lombard and the City Manager outlined the major provisions of the proposed Open Space Management Policy and the Rules and Regulations for use of the open space lands. Staff recommended Council adopt the resolution which adopts the proposed Policy and Rules and Regulations. There was discussion concerning methods of enforcement of said policy and rules and regulations9 and the City Manager was directed to research such enforcement and penalties for violations. Council made the following amendments to the Rules and Regulations: Page 1~ under Definition of Open Space, line 3, after 1I....scenic areasll insert lIinc1uding trails, roads, and lanes within these areas, acquired..." Page 3, under Utilities, add f1Representatives of public utilities companies shall give prior notice to the City Manager before entering open space for the purpose of utility maintenance, repairs, or installations, except in emergency situations.1I Page 2, under General Management Policies, add to the end of the paragraph liThe City shall install markers, signs, or ot~er means of clearly identify- ing the limits of the open space area in suc~manner as to not detract from the beauty and natural quality of the open space." Aramburu expressed concern regarding so many restrictions on the open space areas in terms of hours of use. P & R Chairman Rockey stated that a provision is 'included in the Rules and Regulations which allows for the City Manager to make special allowances. MOTION: To adopt Resolution No. 987, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ESTABLISHING AND ADOPTING THE OPEN SPACE MANAGEMENT POLICY, RULES AND REGULATIONS. Moved: Aramburu, Seconded by Bergsund Vote: Unanimous 11. FRANCHISE TAX ON SHOWTIME REVENUES (Consideration of Gross Receipt Fees) FILE NO: 4504 The City Hanager recommended Council levy a 5 percent surcharge on the gross annual receipt of SHOWTIME and instruct the City Manager to send a letter notifying Viacom of the surcharge and the effective date of April 1, 1978. Council so directed the City Manager. 12. CITY/COUNTY SERVICES COMMITTEE RECOMMENDATIONS ON JOINT FUND ALLOCATIONS FILE NO: 1026 The City Manager recommended Council indicate general approval of the Cityl County Services Committee proposal for improvements in City/County joint fund allocations. Council indicated reservations concerning the proposal that the two members of the Board of Supervisors which are to be added to the Priority Setting Committee have a weighted vote equal to that of the combined vote of all the cities (5.5). The City Manager was directed to forward a memorandum to all the Marin cities stating the City of Tiburon supports the concept, but has reservations concerning the voting proposal. IX. CITY COUNCIL COMMENTS AND COMMITTEE REPORTS A. Councilman Aramburu stated he intended to resign his position as City Councilman CITY COUNCIL M!MUTES NO. 464 Apri 1 24, 1978 P r: J r::. 4. effective June 1~ 1978. This would also include his resignation as Chairman of the Marin County Council of Mayors and Councilmen and as a member of BCDC. It was pointed out that the vacancy on the Council could be filled either by appointment or by calling a special election. He recommended Dennis Rockey be appointed by the Council. 15. LETTER FROM MARIN BUILDERS EXCHANGE TO MAYOR EDELSTEIN, DATED APRIL 11, 1978 The City Manager noted the Marin Builders Exchange is requesting Council recon- sider their previous decision made in January to not allow issuance of a building permit for single family or multi-family residential where no water meter exists~ and to request MMWD to be the responsible agency in authorizing development with wells. It was the consensus of Council to not reconsider this issue. The City Manager is to so notify the i~arin Builders Exchange. X. STAFF REPORTS, CO~lMUNICATIONS, AND CITY r,lANAGER ITENS (A) Mayor Edelstein requested a resolution be drafted for consideration at the May 8, 1978 meeting~ indicating the City's support of the ABAG General Plan, now that the Land Use Element has been removed. (B) The City Manager noted the RUSD property acquisition is in escrow and the title company requires a resolution from the City accepting the grant deed from RUSD. MOTION: To adopt Resolution No. 988~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ACCEPTING GRANT DEED FROM REED UNION SCHOOL DISTRICT. Moved: Aramburu) Seconded by Bass Vote: Unanimous (C) The City Manager noted former Councilman Ellman had submitted a draft letter addressed to Senator Behr regarding CAL/TRANS denial of the City's application for funds to improve "Tiburon Junction". He requested authorization to for- ward said letter with a carbon copy to Assemblyman Michael Wornum along with the application and response. Council so authorized the City Manager. (0) The City Manager stated P.G.& E. has contacted him for the purpose of meeting with City representatives to discuss the service continuance project through the Downtown Area of which the City has filed suit against because of lack of an EIR for the project. Council questioned why the Attorneys of each could not meet instead, and the City ~janager was directed to ask P.G.& E. the specific purpose of such a meeting. Also, the City f1anager is to contact the Public Utilities Commission regarding the status of the City's request that a master ~lan be submitted prior to April 24~ 1978. (E) Mayor Edelstein pointed out that the Belvedere/Tiburon Town Mer" .ng representa- tives are meeting Tuesday, April 25, 1978~ to discuss the prop; ~ Town Meet- ing to discuss Propositions 8 and 13. (F) The City Manager stated Supervisor Rice had contacted him and requested Council's views and recommendations regarding the placement of an illuminated sign at the Civic Center which would advertise e~ents taking place at the Civic Center. The City Manager was directed to request more information from Supervisor Rice regarding the aesthetics aspect of the proposed sign. (G) The Ci ty r'1anager noted recelilpt of a 1 etter from CAL/TRAHS in res ponse to the City's request for increased lighting and striping at the Hil~~;ta crosswalk. CAL/TRANS' concerns relate to whether the increased lightin~g"w6uld distu.rb th-e residents .i.n that area and whether the Cj.kY would share in.'the ene.rgiz.ing costs. Counci 1 .:agreed to share in the energi zi ng costs and the Traffi c. Safety Commi1:.tee will determine whether the lights will effect local residents. XI. EXECUTIVE SESSION Council adjourned to Executive Session at 11:20 p.m. to discuss current and pend- ing litigation. XII. ADJOURNMENT Council adjourned at 11:35 p.m., Monday, April 24, 1978~ sine die. ATTEST: ~ ~-=--. HAL EDELSTEIN7 Mayor City of Tiburon Apri 1 24 ~ 1978 CITY COUNCIL MINUTES NO. 464 Page 5 CORRECTED CITY COUNCIl, CITY OF TIRURON CALL TO ORDER The regular meeting of the City Council of the City of Tiburon was called to order at 7:45 p.m., Monday, ~~ay 8, 1978, by Mayor Hal Edelstein in the City Council Chambers, City Hall, Tiburon, California. I. ROLL CALL COUNCILr1EN: PRESENT: Ber<Jsund, Hanson, Aramhuru (8:05 p.m.), Mayor Edelstein ABSET\lT: Rass EX OFFICIO: R. L. Kleinert, City r~anager; R. Conn, City Attorney; S. Bala, City Engineer; J. Strandgaard, Deputy City Engineer; K. Palomares, Acting Director of Community Development; M. McCart, former Director of Community Development; L. Brunini, Superintendent of Public ~orks; s. Denney, Actinq Lieutenant of Police; C. Kearney, Minutes Clerk II. APPROVAL OF HINUTES Minutes No. 464, April 24, 1978, were continued to the regular meeting of May 22, 1978, for approval. III. CITY COUNCIL, CO~lHISSION AND COHJl.1ITTRE COl\~NEt-lTS AND REPORTS 1. AD-HOC HOUSING COH1\~ITTBE REPORT (Councilman Hanson) Hanson requested this report be forwarded to the Planning Commission for their consineration and for public input; and that the appro- priate exhibits be attached to the report, as well as forwarded to Council. Bergsund noted that the County was considering a second unit ordinance and their first meeting regarding such was this date. 2. RICHARDSON BAY SHORELINB i1TRASHATHONII (Recogni tion of JVlarin Chapter, Adventure Unlimited - Resolution) ~-10TION : To adopt Resolution No. 989, A RESOLUTION OF THE CITY COilllCIL OF THE CITY OF TIBURON COMMBNDING BOTH THE ORGANIZ- ATION AND INDIVIDUAL 1\1EI\1BERS OF THE ~.".ARIN CHAPTER OF ADVENTURE UNLIMITED FOR PUBLIC SERVICE IN BEHALF OF THE CITY OF TIRURON AND TrIp. TIBURON PENINSULA. Bergsund, Seconded by lIanson Unanimous Aramburu, Bass ~1oved : Vote: Absent: A. Mayor Edelstein noted that Staff and the.Council Committee of Hanson and himself met t'lith CAL/TRANS representatives this cate to discuss the City's request for safety improvements to Tiburon Boulevard. This item will be discussed later in the evening under Staff Reports. B. f4ayor Edelstein noted the Belveoere Lagoon Tennis Courts plans have been received and these will also be discussed later in the evening. C. Mayor Edelstein formally announced the vacancy on the City Council since Councilman Aramhuru's resiqnation effective June 1, 1978, and called for statements of interest from the community. This matter will be agendized for the May 22, 1979, Council meeting for discussion or a decision as to filling this vacancy. David D. Hanson introduced Dr. Cromwell and D3Vi3 Hanson, a volunteer with the Tiburon Fire District, who were present to discuss a proposed Countywide paramedic program. Dr. Cromwell urged Council's support of the proposal and requ~sted they notify the Board of Supervisors of their support so that funding will be provided in the County's 1978-79 budget. He noted that Supervisor Rice had indicated some reservations regarding the proposal. CITY COU~CIL MI~UTES NO. 465 !'1ay 8, 1978 Page 1 Mayor Edelstein suggested this matter be agendized for discussion at the Hay 22, 1978, Council meeting; and Staff was directed to contact Supervisor Rice to find out what his concerns include. IV. PUBLIC QUESTIONS AND COMNENTS None A. City Manager introduced Gerry Relletto, the new Administrative Intern for the City. v. CONSENT CALENDAR 3. PUBLIC f,!ORI<S CAPI1'AL EQUIPrl(ENT PURCHASE (Hydraulic/Airless Sprayer) FILE NO: 2074 Bergsund questioned whether this purchase could be shared with the City of Belvedere. The City ~ianager replied that the sprayer is now available at a discount and would not be used by the City of Belvedere as extensively as by the City of Tiburon. However, he indicated he would pursue possible cost sharing if Belvedere should desire to use the equipment. 4. D~l. ~~R TENNIS COURTS RESURFACING (Acceptance of Bid - Award of Contract) FILE NO: 3061 Bergsund questioned whether the City of Belvedere would be sharing in this cost. The City Manager stated the resurfacing costs will be funded by restricted fees received from the sale of tennis court cards which Belvedere residents likewise purchase. The City JVIanager recommended Item 15 also be moved to the Consent Calendar. MOTION~ To adopt the Consent Calendar, as amended, consisting of the following items: 3. PUBLIC t~ORKS CAPITAL EOUIPMENT PURCHASE (Hydraulic/Airless Sprayer) 4. DEL MAR TENNIS COURTS RESURr'ACING (Acceptance of Bid _ Award of Contract) 15. LETTER FROr1 COUNTY COUNSEL TO BOARD OF SUPERVISORS, DATED 4/17/78. Moved: Vote: Absent: Aramburu, Seconded by T{anson Unanimous Bass VI. PUBLIC HEARINGS 5. SOUT!fER!.J PACIFIC DOl'1NTonf.l DEVY;LOP~1E~JT EIR (Planning Commission Recommendation for Certification - Resolution) FILE NO. 47706 The Acting Director of COmMunity Development note~ that this item had been continued from the April 2~, 1978, Council meeting at which time comments l~ere received for inclusion in the EIR. She recommended Council certify the RIR by adoption of the draft reso- lution. /of sewage treatment facilities at Sanitary District No. 5 The public hearing was ~eclared open. Berqsun~ requested a letter from Phil Molten regarding a request for community gardens in the downtown aevelopment he included in the EIR. Also, she requested a statement be includert in the ErR indicating the impact on the surrounding neighhorhooct of the physical expansion/required when and if the Downtown Plan buildout is accomplished in regard to the annexation of an additional 17 acres and servicing of the total area. Hanson indicated concern regarding the future management of the pro- posed lagoon system:, and request~a consideration be given to a plan without the lagoon system. r1r. Rod Friedman, architect for the developer, stated that all con- cerns will be addresse~ in detail at the Master Plan stage regarding the lagoon system. CITY COUl'.I'CIL nINUTr:;S T'TO. 1165 Hay 8, 1978 Page 2 Hanson reiterated that Council is not certifying any portion of the master plan at this time, but only the EIR. Aramburu requested the letter from Commissioner Davoren regarding his comments on the S.P. EIR be included in the EIR. He also stated he felt the EIR was certifiable at this tiem. Hr. Freidman requested he receive extra copies of all comments received and the statistical data resultinq from the survey done on the ferry traffic by the Oepartment of Community Development. Upon hearing no further public comments, the public hearinq was declared closed. MOTION: To adopt Resolution No. 990, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON CERTIFYING 'I'HE SOUTH- ERN PACIFIC MASTER PLAN EIR AS COMPLETE AND IN COM- PLIANCR f\!ITH THR CALIFORNIA ENVIRONMENTAL QUALITY ACT. Aramburu, seconded by Bergsund Unanimous Bass MOVED: VOTE: ABSENT: Mayor Edelstein suggested a meeting hetween City Council, Planning Commission, and S.P. representatives to discuss the next phase of the master plan. Aramburu stated his objection to this procedure and noted it would be inappropriate for Council to meet with S.P. at this time. qe felt this should be considered at the Planning Commission level. Mr. FLiedman agreed that a meeting with the Planning Commission would be very beneficial at this time; and May 31, 1978, was tenta- tively set for this workshop meeting, dependent upon S.P. 's coor- dination with their appropriate representatives. RECESS Recess was called at 9:00 P.~., l1ith Council reconvening at 9:20 P.M. 6. RED HILL RISE HASTER PLA~! (Appeal of Planning Commission Denial - Resolution) FILE NO. 47702 The Acting Director presented this item and recommended Council's denial of the project because of lack of conformance with the General Plan, the Zoning Ordinance, and other policies of the City of Tiburon, as well as potential environmental impacts, as stipulated in Planning Con~ission Resolution No. 252. The public hearing was declared open. Mr. Tipton, appellant, introduced Ms. Leedy of Miller & Leedy, a court reporter who recorded the proceedings. Mr. Tipton requested Council override Planning Commission Resolution No. 252, adopted March 1, 1978, denying the proposed project. He stated that on February 5, 1973, the Planning Commission approved a 56 unit con- dominium project for the site, tentative upon the City Engineer's approval and in conformance with the City Engineer's requirements. He stated that Sagamore Corporation began, during the summer of 1973, to complete the City Rngineer's requirements, until the pro- ject was abandoned that fall when the project engih~~rs reviewed the proposed large garaqe and outside elevator and found them un- satisfactory because of slope conditions. He stated that a second EIR was then submitted and approved by the Planning Commission and forwarded to the City Council where it was delayed due to cost estimates and the number of units required to finance and repair the slide. This project was also abandoned, whereupon the third EIR was submitted for the present proposed 43 units. He stated their appeal is based upon the premise that the Planning Commission Resolution was adopted without a public hearing, EIR and information to the public and public agencies entitled to such information. He then read into the record the following appeal: "We a~peal the action of the Tiburon Planning Commission for the adoption of Resolution 252 on March 1, 1978. The conclusions expressed therein are incorrect, not supported rrrrv r()rTl\l'-'TT 1I,1T1\TTlmr.>C"" 1\TI"'\ A r r- May 8, 1978 by the facts, not based on environmental considerations, and are inequitable. The Tiburon Planning Commission determined that an EIR for our project was required, entered into a written contract with the consultant, and failed to produce and distribute an EIR as provided by 1 aw . II Mr. Tipton then presented pictures of the project which he contendec were approved by the Planning Commission in concert with the City Council on February 5, 1973. He also presented aerial photographs of the slide area and Red Hill showing the aMount of erosion which has taken place. Aramburu clarified that official City Council approval had not been given to the project in 1973, and Tipton acknowledged this fact. The City Attorney was directed to review the Planning Commission minutes of February 5, 1973, regarding approval of the 56 unit development concept. Mr. Branwell Fanning, former Mavor of Tiburon, stated the City did not have the funds to correct the slide at that time, and desired a private party to undertake the corrective measures. In order to do so, Council realized that benefits would have to be given to the developer, and the proposed 56 unit project was not thought to be particularly excessive although it did exceed current density re- quirements. He stated it was his impression that the Planning Com- mission did approve this concept with some form of expression from the Council in the interest of public safety. Mr. Tipton stated that the apparent dispute between staff and the environmental consultants is resolvable and he advised that the con- sultant is willing to resolve the problems and complete his con- tract in accordance ,~ith C~0A requirements. He then read into the record a portion of a report producec] by the State of California Division of Geology, dated 1976, entitled !IGeology for Planning, Central and Southeastern Marin County, California!: pertaining to Red Hill, essentially stating that the slide would continue to move uphill if left in its natural condition. Mr. -Tipton questioned Mr. Don Greenfield, representing the Belvedere Lagoon Property O(7ners Association, whether any damage had occurred to the Lagoon since the sliae occurance and hecause of lack of repai!. Hr. Greenfield stated that siltation had occur~cd_at~the time of the slide, but a siltation basin was constructed which catches most of the siltation and any damage had been corrected. Mr. Kenneth Frost, Civil Engineer, indicated he had conducted ex- tensive studies on the slide for its repair and reiterated that the slide would continue to move up the slope if left in its natural stai Mr. Donald E. Clark, civil Engineer, specializing in soils, stated he had completed a geOlogic study of Red Hill and also reiterated that the slide would continue if cIDrrective measures were not taken. He also noted that this was an active earthquake area and might result in the slide cominq down onto Tiburon Boulevard if an earth- quake were to occur. Mr. Tipton then questioned Mr. Eugene Miller of Converse, Davis, Dixon Associates, soils geologists and earthquake engineers, whether he could determine by looking at the submitted pictures that the erosion would continue up the slope if left in its natural state. Mr. r1iller replied he could not make a professional determination at such short notice and by looking at a photograph. Aramburu and r1ayor Edelstein both questioned what it was Mr. Tipton was trying to prov~ in his line of questioning. Mr. Tipton replied that his intentions were to prove that the slide will continue up the slope if left unreraircd. Mr. l10rshead of Frank Howard Allen Real Estate, was questioned by Mr. Tipton whether unrepaired slope would effect the value of the surrounding properties. Mr. Morshead replied it would; and might also cause reluctance in lenders to loan for property purchases. May 8, 1978 Page 4 CITY COUNCIL MINUTRS NO. ~65 Hanson said this statement by Mr. Morshead was a misrepresentation of the facts and that the last two sales in that area showed the value to have increased. Mr. Tipton urged Council request the Planning Commission continue with the EIR and master planning procedures and processing. He stated it was the duty of the Council to the community to accept this offer to repair the slide. Planning Commissioll Chairman Wilson urged Council to deny the appeal as all pertinent information has been received and re- viewed. Commissioners Barsimanto, Forell and Spratling urged Council reaffirm the decision of the Planning Commission. Commiss- ioner Spratling stated he was aware of all sales in the Red Hill area, one of which was sold at an increased value and was located immediately adjacent to the slide area. However, he did acknowledge that if the slide were to move any closer, it may have an effect on values. The public hearing was closed. HOTION: To tentatively approve the decision of the Planning Commission to deny the application and to direct staff to draft the appropriate resolution for adoption at the City Council meeting of May 22, 1978. Aramburu, seconded by Hanson Unanimous Bass MOVED: VOTE: ABSENT: Bergsund suggested the Planning Commission be directed to undertake a study of the slide repair. Aramburu noted that this was private property and the City is very limited as to what it can do in terms of repair because it is not allowed to use public funds on private property. VII. OLD BUSINESS 7. SENIOR CITIZENS HOUSING AT OLD TIBURON SCHOOL (Authorize Mayor to Execute Agreement with Ecumenical Association for Housing) The Acting Director of Community Development stated the EAH staff has made some revisions to the draft agreement and the City Attorney has reviewed them and found them acceptable. She stated that officials are currently checking recently adopted HeD regu- lations to determine whether the agreement would be considered an administrative item and therefore would not require an environmental review. If it is considered an administrative itern, funds would be available within the next few weeks. However, if the agreement is not found to be an administrative item, environmental review will be required and funds will not be available until after July 1, 1978 at the latest. She recommended Council either approve the contract subject to receipt of the funds, or approve the contract after the funds become available. Also, the aqreement will be forwarded to the School District for their review. Eugenia Marans questioned whether the housing would be limited to Tiburon senior citizens only. The City Attorney stated that since federal funds were being used, preference could probably not be given to Tiburon residents. However, staff was directed to investi- gate this possibility. The City Manager requested that a date be included in No. 2 of the contract in regard to a deadline for review of said plans and draw- ings by the City Manager. City Attorney was directed to draft the appropriate wording. MOTION: To approve the contract subject to the receipt of the funds, and that a date be included in tee contract No.2, as requested by City Manager. Aramburu, seconded by Bergsund Unanimous Bass MOVED: VOTE: ABSENT: CITY COUNCIL MINUTES NO. 465 Hay 8, 1978 Paqe 5 14. TIBURON PENINSULA TELEPHONE SERVICE (Request for City Action for Improved Telephone Service) FILE: 4503 The City Manager stated he had recently met with PT & Tis District Manager, Mr. Hussey, who has indicated the Telephone Company is trying to remedy the problem. He has also indicated that the Tele- phone Company is presently designing and providing engineering for a new electronic s\~itching equipment system and requests the CiLyls cooperation in finoi11g the appropriate location for such a facility, The City Manager reconmended the City not proceed to file a formal complaint with the PUC at this tiffi2, but allow PT&T to remedy the situation. Mr. Dave Wilner, a resident, urged again that Council join him in a protest in order to recoive lowered rates for Peninsula residents for the inferior phone s\.~rvic2. fic stuted he was told by PT&T officials that it h'oulc1 be two yeurs at the earliest before im- proved service could be r2ceived. Mr. Hussey, of P~~T stated the Telephone Company is well aware of the communication problcln:'~ on t~1e Tib~ron Peninsula and it is their intention to vo~k a~ expeditiously as possible to implement the improvements. TIe c: ~d, hO~}2ver r s t~ te tha t implementa tion would probably not occur until 1900. He indicated he would investigate other relier possi.bili t~>"'.~~ dur:~,ng t~e .:r;..tel~i:",1, but as of no\v, he knew of none. Since Councilma.n Arc..m1;uru i'J c:--.plcycQ by :2::.cific Telephone, he steppe down into the Cludi(;nc~~ t') 2ns\-v'er ql:2~_: :',1.on::-.i of the Council regarding a possible redcction in ~ate:: an cQm~cnsation for inferior service. Both Councilm2n l\:r::':',-.::~~rl1 and ~J!r. Euss~y stnted they \Vcre not aware of any cases wher2 ~~~p0ns~tion ~.~~ ~ccei~cd for similar situations. Aramburu stClted the CO;-l7)UtC:;:: ;Jilli:"'J ~J~OCC~;S i; "':cry involved and any protes t f i10d ;c::- . ::--.pens.]. tio~l \v~)llld hc-. ve to be reviewed by the PUC and othc--.:.-- ac; L" :.cs, and mi0ht '~ake yeurs before settle- men t . Mayor Edelstein E~qq23tcd th3t ~~ 1~:~0 as ~h2 T~lephone Company is working expeditiou~;l~/'~c-.."..~ilds ift1prO\-c:;-::2L:.~J t:o tLG telephone service on the peninsula ~nd ~~ repl:,jng sati~~~ctorily to individual com- plaints, that the Cit! is ~Qt jntGr~st?d i:~ joining with Mr. Wilner in filing such u c'")~~pl_ai~lf~ l.V:' tL th'--' l?JC .i:: this t~' .:,~. However, if in the future ~h(2 Cit:f' ,;~".::l~~; .: ~i(lt th(~ Te~~,.,p~!Cl":~ Cor:',~)any is not res- ponding sa tisfacto::-il~", :L't. \d..'_=- kc'c:p t:1r: cC~~plll.:.nt c?tion open for considera tion. Coun:.:: i1 .--:Oi1Ci.-~~:.-rcd ~ A Th C'~ E.......':.'-nr -~.~ ..,__"-:,," ", t'."'\r'. "'\r>-:-J.' .'J'h Ci\LjTRA'l\TS d . e l,,-y 10.,-,1... ___r -'--J?"~_l.1...I C., _'- L.\._,,-lnC] \vlL i _'lL an City reprc22nc.2.ti~/:-:::; t:.LL~j d::l.tr; i~c~":lrl,:~.nq irr.pro"::::ments to Tiburon Boulevard at r:"'rE:3tJr, Glc~1. lIe; rr(.: ....~:~L:.~d the schcrr.atic ('esign as proposed by CALjri'F..-'J.'lJ ar.;::!. COC:.::1ci 1 r~~:pr2s:}ed generaJ. npproval of it. However, conc~~n v.TLl:: c xp~_'.-:~ :,;,-;('j fL" ;-~:Tl::' DC] ~.~ j.qn.::t 1 i 7.::1 t~~on, increased 1 i g h tin g, and i 1:2 r c c<' ":' c1 r ': J:- J : : '. ~ ~ ;.: 0 r p 2 '~'l,""<.~ ~:::- i 2. n ~~ a f e t y . Al so, Council discussed the n('(;(l fc:::- tile stJ.:..;cc1 limit to :;:'emain at 25 or 30 m.p.h. Th2 'l.pp:O:~.'I:'.~tc c,-,~,~-=-~or the i;:lpr()VC~lents is $500,000. CALjrrRl\NS had indic~lted 'i.".() c.:)~lnci~_ 'L hllt entire :,.-eview of the pro- ject would take app:.-oxi:;-rn:.c}.y six L;Jnt.~ls. 8. ABAG ENVIHONHENTATJ rF\:J~L"'I~I~~;;"iF~,;rr PLt.-~ (Cit.y Support of Plan r'lithout L<J.nd Use EL3:,~2:-~t. - R:::~()luti,on) FILE NO. 6212 Staff recommended COUIE~il a.dopt the ci:::-aft resolution which supports the revised Draft F,n'J'il-o:1~::~n':'::'=:11 Ma.n:'.'.gement Plan for the Bay Area without the Air Oual.~ ty r-TaintenancG portion of the Plan. HOTION: To (I.~cpt I:csolu'~ion 991, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON SUPPORTING 'i'Il,~~ I\F:VI~;j:'~D .\B.\G ENVIRONMENTAL r1ANl')3~MENT PLAN Arambnru, ~;eco~!c1ed by Bcrgsund U n (~ n :', ::10 u ~ hZl :::: ~'; Moved: Vote: Absent: 9 . RUSD PHOPER'ry l'.COr;IS='~'ION RUSD) ~:;tatt!s of ~:'urchase by City from FILE 1~O. 308e The City ManClger rcportc j L:~ -::t "-'~~ ;;8hn")~., Dist,r J c-:. l;a~::; not signed !\!lay G, 1978 CITY ccUr'l::r.L r~..c!-;_':r",:,(~ ~~". I. G S ~ ) ,.... ('1- C\ .~ the escrow instructions or the original deed which are required for escrow, which was opened April 1, 1978. They have expressed re- luctance to pay for the required legal description of the property, of which there had been verbal agreement and understanding, and this is delaying closing of the escrow. The City Manager questioned whether Council desires him to pay the total fees to facilitate closing of escrow. Mayor Edelstein directed Aramburu and the City Manager to meet with the School District to resolve this problem. Council requested a schedule of joint meetings with local agencies, including the School District, be agendized for a future City Council meeting. VIII. NEW BUSINESS 10. PARADISE DRIVE & MAR TJEST TIME ZONE PARKING (Consideration of 2 hour Parking Limit) FILE NO. 5007 Acting Lieutenant Denny, Chairma:l of the Traffic Safety Commi ttee, recommended Council refer the matter of requiring two hour parking in the vicinity of Paradise Drive and Mar West to the Planning Comm- ission. HOTION: MOVED: VOTE: ABSENT: To refer this matter to the Planning Commission Aramburu, seconded by Hanson Unanimous Bass 11. PARADISE DRIVE TOUR BUS USE RESTRICTIONS (Traffic Safety Committee Recommendations) FILE: 5007 Acting Lieutenant Denny, Chairman of the Traffic Safety Committee, stated in response to the request of the Lyford's Cove/Old Tiburon Property Owners Association request to deny tour buses access to PAradise Drive and require them to park off the street and away from the Main Street Rus Depot, that the Committee could not find any legitimate reason to deny buses use of Paradise Drive, when other large vehicles are allowed access. However, staff is con- tactinq the tour bus comnanies asking for their cooperat1on in maKing U-turns on Hain Street, turning their engines off while unloading, and unloading at the bus stop on the>east side of Tiburon Boulevard. Council concurred with this approach. 12. CITY COUNCIL REGULAR MEETINGS (Consideration of Changing Scheduled Meeting Night) 16. MEHORANDUH FROl\1 MAYOR TO CITY COUNCIL DATRD May 1, 1978, (Allan Thompson Promenade) 17. MEMORANDUM TO CITY COUNCIL DATED ~~ay 1, 1978 (Appointment to Commissions and Boards) Because of the late hour, Mayor Ed~lstein requested the above three items be continued to the May 22,197R meeting. 13. 1978-79 MUNICIPAL BUDGRT (Set Public TtEaring Dates) FILE NO.20ll Council approved the follo~~ing dates for the 1978-79 Preliminary Budget hearings: Thursday, Hay 18, 1978, 7:30 P.l1. SaturdaYi June 3, 1978, 9:30 A.H. Monday, June 19, 1978, 7:30 P.M. The City Manager stated copies of the Preliminary Budget and notices of the above meetings will be sent out to all Home Owner Associations within the City. IX. STAFF REPORTS, CO~JIMUNICATIONS, AND CITY HANAGER ITEMS A. Hanson noted receipt of a letter from Frances Lichtenberg re- garding the Zelinsky Triangle office building in relation to the required density in the downtown plan. The City Manager indicated an environmental assessment is being required on this project proposal. Hay 8, 1978 CITY COUNCIL ~1It-JUTES NO. 465 Page 7 B. The City Manager noted a request had been received from a mili- tary resident from the Presidio requesting the City to allow the landing of a helicopter in the S.Po vacant property on May 16, at 7:00 A.M~ for a similated emergency disJster exercise. Council gave their approval. C. The City Manager reported that Harbor Carriers has withdrawn their application with the PUC for abandonment of the Berkeleyl Angel Island ferry service. However, their application for a rate increase is still scheduled for May 22, 1978. The Deputy City Attorney will be presenting the City's case at this hearing, representing both the City of Tiburon and the City of Belvedere. D. Mayor Edelstein presented the Belvedere Lagoon Tennis Courts plans and noted that the previously shown landscaping on the Tiburon Boulevard ~ide was not included in the plans, nor was the :olored specification for/~.1I'@:11li-l!edr=s~A.~!!,!.fP<<J' and angled wheel stops. ,lastic This information has been forwarded to the City of Belvedere. ,oated fencing E. The City Manager reported that the City Council needs to appoint a delegate to the Target Setting Committee of the Southern Marin Residential Development Review Board. Council~an Bass was appointed. :,. . X. EXECUTIVE SESSION None XI. ADJOURNMENT Council adjourned at 12:50 A.M., Tuesday, May 9, 1978 to the public budget hearing Thursday, May 18, 1978, 7:30 P.M. in the City Council Chambers. ~(? ---~ . L EDELSTEIN, Mayor City of Tiburon ATTEST: CITY COUNCIL MINUTRS NO. ~65 Hay 8, 1978 Page 8 COlUlliCTED Cl;ry 02 rlllBURON CITY COUNCI~ BuDGET HEARING CALL TO ORDER The adjourned meeting of the City Council of the City of Tiburon, State of California, was called to order by Mayor Edelstein at 7:45 p.m., Thursday, May 18, 1978, in the City Council Chambers. ROLL CALL COUNCILMEN: PRESENT: Bass (8:50 p.m.), Bergsund, Aramburu, Hanson, Mayor Edelstein ABSENT: None EX OFFICIO: R. L. Kleinert, City Manager; L. Brunini, Superintendent of Public Works; C. Kearney, Minutes Clerk PUBLIC HEARING The Chair declared the public hearing for the proposed 1978-79 Prelim- inary Annual Budget open for public discussion and comment, and for consideration by the City Council. The City Manager presented an overview end summary of the proposed budget, as well as the proposed alternative budget should Proposition 13 (Jarvis/Gann) be approved in the June election. He suggested the scheduled budget hearing of June 3rd be changed to June 10th, after the election, so that Council would only have to consider one specific budget. He noted the Preliminary Budget proposes a 17 percent overall increase, due totally to ~on-property tax funded projects in the Capital Improve- ments Program. He also noted a proposed 21.5 percent decrease in the tax rate from 85.5~ to 64~ per $100 assessed valuation. Since several of the Capital Improvement projects are funded from out- side funds, Mayor Edelstein requested that those appropriations not be included in the total budget costs. The City Manager concurred and noted they would be removed in the final draft. Aramburu pointed out that the City receives only 9 percent of the total Tiburon property tax dollar distribution and there is a need for con- solidation of services between agencies and districts. Council dis- cussed the fact that the City of Belvedere has only a volunteer fire department, and that on numerous occasions they use the Tiburon Fire District at no cost to the City of Belvedere. Aramburu stated it was very important that Belvedere pay its fair share in this regard. The City Manager then su~marized the Alternative Budget should Proposi- tion 13 pass. He noted that this would constitute a reduction in the property tax revenue by 56 percent, or $319,000. This reduction in revenue will result in a staff reduction from 35 employees to 25 employees; reduction in staff ansistance to Commissions, Boards, and Committees; discontinuance of City participation in local, State or national associations; :::...:-::.:-.(.!_....~:~; relocation of City Hall and Police Department; elimination of PQid crossing guards at four major inter- sections; street, park, drainage, and landscaping maintenance will be eliminated; reduction of 15 percent in police patrol and elimination of police fOllow-up investigation; increased response time to emergency calls: elimination of juvenile program and reduction in other programs; elimination of all employee training, except for State mandated; depend- ence of Parks & Recreation, Fine Arts, or Heritage Commissions upon users' fees; reduction in contingency reserve of 40 percent and no funding allocation for Equipment Depreciation; delay of implementation of certain Capital Improvement programs; elimination of all proposed Capital Outlay purchases for 1978-79; increase in contingencies; exposure and risks due to overall serious cutbacks in City operations. Mr. Stewart Hopkins, a Tiburon resident, co~~ended the City Manager on his preparation of the Preliminary Budget and the Alternative Budget. However, he did indicate concern over the County's proposed $78,000,000 budget in that one-half is allocated to welfare programs. He also indi- cated his support for both the Proposition 13 and Proposition 8: and if any problems result from the passage of Proposition 13, he was certain the citizens of the comm~nity could remedy those problems. CITY COUNCI!.. ~1INUTES NO. 466 Hay 18, 1978 Page 1 Mrs. Virginia Peterson, a resident, stated she felt there were a lot of ways the City could compensate for lost revenues should Proposition 13 be adopted, such as charging user fees for certain City services. Mr. Ed Rice, resident, noted that the cost of living went of 6 percent over the past year and the taxes went up 20 percent. He reiterated the importance of consolidation of services. Aramburu pointed out the-importance of Council consideration of financial impacts on all action taken by the City. Mayor Edelstein requested the City Manager analyze the possibilities of the Parks & Recreation Commission and other City departments becom- ing self-sustaining. Mrs. Joy Easom, resident, questioned certain aspects of the budget and why some of the State revenue sources show a decrease, such as in the State Alcoholic Beverage fees. The City Manager replied that this particular fee is based on the number of licenses the State dis- tributes, and this type of fees is subject to annual increases and decreases. Bergsund volunteered to meet with the Belvedere Finance Committee to discuss the possibility of service consolidation. Mayor Edelstein stated he would meet with the Belvedere Mayor to discuss the institution of an enthusiastic consolidation program.~=~..~.=ec=tk.aewn Meeeiaf!J=:Gi = ~ = 2:i=,= =]; i:i:8:; EXECUTIVE SESSION Council adjourned to Executive Session at 9:55 p.m. to discuss pending litigation. ADJOURNMENT As there was no further business, Council adjounred at 10:20 p.m., Thursday, May 18, 1978, to be reconvened at the next regular meeting of Monday, ~1ay 22, 1978. HAL EDELSTEIN, Mayor City of Tiburon ATTEST: R. CITY COUNCIL MINUTES NO. 466 May 18, 1978 Page 2 CORRECTED CITY COUNCIL CITY OF TIBURON CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Hal Edelstein, at 7:50 p.m., Monday, May 22, 1978, in the City Council Chambers. I . ROLL CALL PRESENT: COUNCILI~N: Mayor Bdelstein, Bass, Bergsund, Hanson, Aramburu ABSENT: None EX OFFICIO: R. L. Kleinert, City Manager~ G. Ragghianti, Deputy City Attorney; S. Bala, City Engineer; K. Palomares, Acting Director of Community Development: L. Brunini, Superintendent of Public Works~ 'S. Denney, Acting Lieutenant of Police; J. Lombard, P & R Supervisor~ C. Kearney, Minutes Clerk I I . APPROVAL OF r.fINUTES #464 - Mayor Edelstein requested the Minute Clerk verify by the tapes Mr. Friedman's statement that he could not find any reference in the adopted Downtown Plan to I1lowu income housing (Item 5, Page 2). MOTION: Moved: Vote: To approve Minutes No. 464, subject to the above verification. Bass, Seconded by Aramburu Unanimous 1465 - These minutes were continued to the June 12, 1978, meeting to allow Mr. Tipton time to review them regarding the Red Hill Rise pro- ject proposal. III. CITY COUNCIL, COMMISSIONS, AND CO~~1ITTEE COMMENTS AND REPORTS A. The Deputy City Attorney requested authorization from the Council to write to Southern Pacific, waterfront property owners represented by.~rr. Diamond, and individual owner r~. Weinberg, inviting all to attend the June 26th Council meeting for the purpose of allowing them to present their views on processing of Southern Pacific's Master Plan for this proposed downtown development project. The Deputy City Attorney was so authorized by Council. 1. FINE ARTS COMMISSION REPORT (Marilyn Nelson) Chairman Nelson gave an update on Commission activities, and noted that the newly formed "THE OPERA COMPANYu is requesting a grant of $2500 from the Fine Arts Commission to help fund their initial production of "Fiddler on the Roof." The Commission had voted to grant $2000 to the Company, with the remainder provided by volunteer assistance. Hanson stated he preferred this money be a loan instead of a grant so that the money would be paid back to the Commission in light of the possible passage of the Jarvis/Gann Initiative and shortage of funds. Aramburu preferred the money be granted to the Company with the understanding that any excess revenues received from this production will be returned to the Commission. He also indicated he would abstain from voting in this matter because he is a member of the Board of the Tiburon Peninsula Music Association; but he hoped there might be coordination and cooperation between the two associations. MOTION: To approve the Fine Arts Commission's action to allocate $2000 to THE OPERA COMPANY as a loan/grant to be repaid, if possible, so that the monies can be used for other productions through the Fine Arts Commission. Moved: Hanson, Seconded by Bergsund Vote: Unanimous Abstained: Aramburu CITY COUNCIL ~1INU~ES NO. .467 ~1ay 22, 1978 Page 1 B. Joint Belvedere/Tiburon Recreation Committee Chairman Anne Otter presented a check from the Committee to the City in the amount of $800 for the purpose of seading McKegney Green. This money was generated from user fees charged to two soccer leagues who have used the Green. Mayor Edelstein requested the Joint Belvedere/Tiburon Recreation Committee submit recommendations for a joint park maintenance program for the cities of Tiburon and: Belvedere. Gary Gray suggested each City conduct an inventory of resources available to each City in terms of maintenance equipment, etc. MOTION: Moved: Vote: That the Finance Committees of Belvedere and Tiburon, City Managers, Public Works Department Heads, Joint Bel/Tib Recreation Committee representatives meet to discuss future maintenance and cooperation regarding park facilities. Hanson, Seconded by Bergsund Unanimous 15. P~~TING AND LANDSCAPING OF MULTI-USE PATH (Staff Report) This item was moved out of agenda order at the request of Mayor Edelstein. The Parks & Recreation Supervisor recommended that the matter of planting along the Hulti-Use Path by the Tiburon Peninsula Environmental Committee be referred to the Parks & Recreation Commission for consideration and recommendation. It was noted that a representative from Chevron Oil Corporation indicated that his company might be interested in funding such a project, but required a specific proposal. Hanson indicated concern regarding the timing of this project in that the planting should be done in October and be California native plants. Also, he noted that the possible passage of Proposi- tion 13 would leave the City's Public r~orks Deparement short-handed as far as maintenance of the plants. Mayor Edelstein suggested the Parks & Recreation Commission consider other possible sites for the landscaping also. Phyllis Ellman urged the Parks & Recreation Commission consider other possible uses for the funds such as the South of the Knoll improve- ment project and other priorities. The Superintendent of Public ~orks urged Council consider repair of the Multi-Use Path where it has been erroded by last winter's storms before consideration of landscaping of the Path. Mayor Edelstein requested Staff contact Chevron Oil Corporation regard- ing possible funding for repair of the Path. MOTION: Moved: Vote: To accept Staff recommendations that this matter be referred to the Parks & Recreation Commission for consideration and recommendation. Aramburu, Seconded by Bass Unanimous IV. PUBLIC QUESTIONS AND CO~$1ENTS 2. RESIDENTIAL REHABILITATION LOAN PROGRAM 1978/79 (Dick Blood- Bornholdt of Marin Housing Authority) FILE: Working The Acting Director of Com~unity Development stated that in July the Rehabilitation Loan Program will be expanded to include the entire County to provide financial and limited technical assistance to eligible applicants to eliminate sub-standard housing conditions; primarily, the correction of life safety hazards or housing code violations. The City's responsibilities would include participat- ing in an outreach program, prescreening applicants, and the use of the Building Official's time to inspect the premises, list code violations, issue necessary permits and make final inspections. Eligibility of an applicant is dependent upon Annual Gross Income and whether the monthly payment for shelter exceeds one-third of income after taxes. She reco~~ended Council review the accompany- ing exhibits and discuss the program in terms of its feasibility in Tihuron. May 22, 1978 CITY COUNCIL MINUTES NO. 46H Page 2 Council expressed concern regarding the eligibility of any Tiburon resident in this program, and that the involvement of Staff time might outweigh the benefits of the program. Mr. Dick Blood-Bornholdt of the Marin Housing Authority outlined and explained the program format and noterl that interest had been expressed by a Tiburon resident. He also noted that Tiburon would not be eligible for funds until after July 1, 1978. The City qanager suggested The ARK publish the City's interest in this program and request letters of interest. ~10TION~ That in order for the City Council to ascertain the inter- est of the co~munity, Council requests the Planning Commission hold public hearings, . that. the Tiburon Ecumeni- cal Association be notified and requested to provide appropriate input; and that the Independent Journal and The ARK notice the City's interest and request public input. Moved: Aramburu, Seconded by Bass Bass stated it would make it less complicated if the City simply stated it would participate and is requesting applications from interested citizens. Ara~uru concurred and withdrew his motion. SUBSTITUTE MOTION: That the City designate the area of Tiburon as qualified to participate in the Residential Rehabilitation Program and now invites citizens to submit applications. Moved: Bass, Seconded by ~ergsund Vote: Unanimous V. CONSENT CALENDAR Mayor Edelstein requested Item 14 and Item 16 be added to the Consent Calendar, and gergsund requested Item 5 be removed for further discussion. MOTION: To adopt the Consent Calendar as amended consisting of the follo~~ing items: 3. RED HILL RISE (Denial of Application - Resolution No. 942) 4. AM~NDMENTS TO FIR REVIBtJ STATUTES (Annual revision of Cities EIR Procedures - Resolution No. 943) 6. CLAIr1 VS. PUBLIC E~TITY (Recommendation for Continuation) 14. LIGHTING ON FBRRY DEC~ RAILING (~1emorandum from Mayor to City Council dated May 1, 197q) 16. MONTQLY FI~ANCIAL REPORT (April) fJloved: Vote: Aranburu, Seconded by Bass Unanimous A. Gary Gray inquired regarding the Del f.~ar Recreation Complex Committee Report and requested all COMments from the City be forwarded to ~e included in the report. Parks & Recreation Chairman Rockey stated this matter ~~as agendized for the Commission's June 1st meeting. VI. PUBLIC qEARINGS 7 . PAUL KATlN r\~ASTER PLAN APPROVAL (4 Unit Single Family Dwelling, Paradise Drive) FILE NO: 47708 Acting Director Palomares stated this was being continued to the next regular meeting of June 12, 1978, to allow for a Planning Commission quorum for the adoption of the Neqative Declaration. VII. OLD BUSINESS 8. CITY COUNCIL RRGULAR J'1:R"P.TINGS (Consideration of Changing Scheduled Meeting Night) FILE NO: 1023 The City Manager stated the proposed date change to Tuesdays or ~~ednesdays might provide hetter coveraqe by the ARK and improved coordination with Co~missions. Bass, Aramburu and Bergsund expressed their opinions that the meeting night should remain on Mondays due to possible problems in delivery of agendas and review time if changed to another date. Both ~1ayor Edelstein and qanson desired the meeting night be changed to ~7ednesdays. CITY COUj\JCIL ~1INUTES 'NO. l...6'7. Hay 22, 1978 Page 3 IvI0TION~ Moved: Vote: That no change be made in the meeting night. Bergsund, Seconded by Bass Ayes: Bass, Bergsund, Aramburu Noes: Edelstein, Hanson RECESS Recess was called at 9:40 p.m., with Council reconvening at 9:55 p.m., roll call as originally noted. 9. Lor'ffi PARADISE DRIVE PROPERTY ANNEXATION (Annexation of 3 Parcels to Tiburon - Resolution No. 994) FILP NO: 6002 The City Manager recommended Council formalize their previous action in February to approve annexation of the Lowe Property to the City of Tiburon hy adopting the draft resolution. MOTION: To adopt Resolution No. 994, A R~SOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ORDERING A REORGANIZATION OF TERRITORY PURSUANT TO THE HUNICIPAL ORGANIZATION ACT. Moved: Aramburu, Seconded by Rass Vote: Unanimous 10. APPOINTt1ENT OF NBt'1 CITY COUNCIL1'1AN (Filling of Vacancy Created by Resignation of Councilman Aramburu Effective June 1, 1978) The City Manager stated two letters of interest had been received regarding the position, one from Catherine Ford, and the other from Dennis Rockey. MOTION: To nominate Dennis Rockey to fill the vacancy created by the resignation of Councilman Aramburu. ~~ved: Hanson, Seconded by Bass Vote: Ayes: Bass, Bergsund, qanson, Edelstein Noes: None Abstained: Aramburu Mayor Edelstein noted that the appointment of Dennis Rockey would be effective June 12th after the swearing-in on that date. 11. CITY POLICY CONCERi-'!ING APPOINTI'If~NTS TO CO~1J'1ISSIONS AND BOARDS (Consideration of Revising Effective Dates of Appointment Terms) The City Manager noted that ~1ayor Edelstein had submitted a memoran- dum with his recommendations regarding appointments to Commissions and Boards. Hayor Edelstein recommended that appointments to Commissions and Boards be for a term of four years, whether or not the appointee is replacing a member whose term has not expired; and that terms of memhers, which would otherwise expire within four months before or ~=~~:after an election for the City Council, should instead expire 30 days following said election. ~.10TION : Jl1oved~ Vote: To accept Mayor Edelstein's proposal and that an ordinance be agendized for the meeting of June 12, 1978, which amends the previously adopted ordinance pertaining to Commission and goard appointment terms. Bass, Seconded by ~ergsund Unanimous VIII. NE9 BUSINESS 12. COUNTY PARAMEDIC PROG~~M (Council Rndorsement of Paramedic Program for Southern Marin) FILE NO: 1002 The City Manager recommended Council reaffirm its endorsement of ~1ay 8, 1978, regarding a proposal to provide emergency medical and paramedic services to Southern Marin County, supported by the Fire Districts of Southern Marin, and so inform the Board of Super- visors. Dr. Thomas Cromwell of the Marin County Frnergency Medical Services Committee stated he had met with Supervisor Rice and presented him with new facts of which he had been previously unaware. It was Dr. Cromwell's feeling that Supervisor Rice was now more receptive to the paramedic concept, and Dr. Cromwell urged Council provide a formal statement to Supervisor Rice indicating its support of a paramedic program in the County or in Southern Harin. niay 22, 1973 CITY COUNCIL 1\1INUTES NO. 467 Page 4 Aramburu stated the City should pursue a paramedic prograM for Southern Marin at this time, regardless of coordination with the already implemented ~est r1arin and Novato program, since a viable plan for Southern Marin is available at this time. He noted that this matter is aqendized for the May 31st Marin County Council of Mayors and Councilmen meeting for discussion of a Countywide program. Moved: Vote: To accept staff recommendations that the Council reaffirm its endorsement of May 8, 1978, and inform the Board of Supervisors of its concern that paramedic and emergency services be extended to Southern Marin County. Bass, Seconded by Aramburu Unanimous MOTION: 13. ALLAN THOMPSON PROMRNADF: (Hemorandum from Hayor to City Council dated May 1, 1978) FILE NO: 4502 The City Manager noted that the City Council had previously referred the matter of a public easement for the promenade across the McDonough property to the City Attorney for his recommendations and the possibility of condemnation. The City Attorney has replied that condemnation of a portion of the McDonough property for this purpose could be far more expensive than it is worth. He recom- mended against this approach and suggested continued efforts to negotiate with the property owner concerning this matter. The City Attorney does not feel the property owner is currently in violation of any City ordinances. Bergsund suggested approaching Mr. McDonough regarding providing an easement on a trial period basis. Hanson questioned whether the City could require rlr. McDonough to move his large ferry boat from the pier during the week, since it is an eyesore and restricts views from the local restaurants. Council determined that no action should be taken at this time. 5. SB 1874 ISLAND ANNEXATION (Recommend Opposition to Proposed Legislation) Bergsund requested this item be removed from the Consent Calendar for further discussion. The bill, which repeals a law enacted in.1977 (ABl533) which provides cities an opportunity to bring islands of unincorporated areas which benefit from city services into a more equitable and responsible relationship with the city, /1874 by annexation. SB/tO~ repeals this law based on the argument that island residents are deprived of a right to vote regarding the annexation. The City Hanager recommended Council oppose SB 1874 and advise the State Legislators accordingly. Bergsund indicated her opposition to Staff's recommendation, pri- marily because of AB 1533 not providing island residents the right to vote on proposed annexations. MOTION: Hoved: Vote: To accept Staff recommendations and oppose SB 1874 and so advise the State Legislators. Aramburu, Seconded by Bass Ayes: Bass, Hanson, Aramburu, Edelstein Noes: Bergsund 17. BOTTLE BILL (Recycling Ordinance - Status Report) FILE NO: 1040.1 The City Manager outlined the current status of County action regarding adoption of a Beverage Container Deposit Ordinance. He noted the County had adopted a draft ordinance in principle, but it is still in the planning stage and implementation is not sche- duled until January 1, 1980. He suggested the City either assume a leadership role and encourage Corte Madera and Mill Valley to join Tiburon in implementing its local beverage container deposit ordinance on July 1, 197B: or amend the current ordinance by deferring the forthcoming implementation date, and coordinate efforts with the County of Harin and other Marin cities for a uniform and consistent beverage container deposit ordinance and implementation schedule. The City Hanager stated that the County appointed an ad hoc committee composed of retailers, distributors, scavenger companies, manufacturers, conservationists, to determine a plan that takes into consideration SB 650 which provides grant funding ~'1ay 22, 1978 CITY COUNCIL1'1I1\:TUTES NO. L~67' Page 5 for recycling efforts by local agencies, as well as a Countywide bottle deposit ordinance. He indicated the scavenger companies have developed a proposal to provide a Countywide program where the scavenger companies would provide their time and equipment to pick up recyclables door-to-door. Councilman Hanson suggested the City Council not implement the adopted Ordinance on July 1, but wait until after the July 11 Board of Supervisors meeting at which time the scavenger companies will be presenting their proposal. Aramburu indicated his opposi- tion to waiting for the County to adopt an ordinance, but felt the City should take a leadership role and implement its ordinance on July 1, 1978. Council determined that the scavenger companies should present their plan to the City Council at its June 12th meeting before Council makes a definite decision as to whether to implement the adopted ordinance on July 1, or wait for the County adoption of an ordinance. Bergsund requested the City Manager forward letters to the cities of Mill Valley and Corte Hadera indicating the City's position and requesting a coordination of efforts in this regard. IX. STAFF REPORTS, COr~~UNICATIONS, AND CITY MANAGER ITEMS (a) The City Manager noted that the scheduled budget hearing for Saturday, June 3, 1978, has been changed to Saturday, June 10, 1978, 9:30 a.m. in the City Council Chambers. (h) The City Manager noted the scheduled town meeting for May 23, 1978, regarding Propositions 13 and 8. He submitted the draft information notices which are to be handed out at the meeting and requested Council's approval. Approval was so given. (c) The Ci ty Hanager reminded Council of the R1CCHC meeting on Wednesday, May 31, 1978, to be held in Tiburon at Tiburon Tommie's. This is to be Chairman Aramburu's last meeting. x. EXECUTIVE SESSION Council adjourned to executive session at 11:20 p.m. to discuss current and pending litigation. XI. ADJOURNI-ffiNT As there was no further business, the meeting was adjourned at 11:45 p.m., Monday, May 22, 1978, to the Budget Hearing scheduled for 9:30 a.m., .Saturday, June 10, 1973. f:'= ~ HAL EDELSTRIN, Mayor City of Tiburon ATTEST: Clerk CITY COUNCIL MINUTES NO. 467 1\1ay 22, 1978 Page 6 CORRECTED CITY OF TIBURON CITY COUNCIL BUDGET HEARING CALL TO ORDER The adjourned meeting of the City Council of the City of Tiburon, State of California, was called to order by Mayor Edelstein, at 9:45 a.m., Saturday, June 10, 1978, in the City Council Chambers. ROLL CALL COUNCILfvIEN: PRESENT: Bass, Bergsund, Hanson, Hayor Edelstein ABSENT: None EX OFFICIO: R. L. Kleinert, City Manager; J. Bailey, Chief of Police; K. Palomares, Acting Director of Community Development; J. LOmbard, Parks & Recreation Supervisor; L. Brunini, Super- intendent of Public '>1orks; C. Kearney, Minute Clerk PUBLIC HEARING The Chair declared the continued public hearing for the proposed 1978-79 Preliminary City Budget open for public discussion and consideration by the City Council. The City Manager noted he would be addressing the Alternate Departmental Budget proposals, since Proposition 13 passed in the June 6 election. June 19th was set for consideration of the 1978-79 Capital Improvements and Open Space Acquisition programs. In reference to the City Manager's proposal to layoff ten City employees, the Federal Government would bear the unemployment insurance costs totally if employee layoffs occur prior to August 1, 1978. However, each quarter thereafter, the City would bear 25 percent more of the costs; and by June 1979, would totally bear the costs. Mayor Edelstein suggested the possibility of reduced working hours for employees instead of layoffs as an interim solution until it is known what funds will be received from the State. The City Manager stated SB 2212 is now before the State Senate which assures the cities will receive their fair share ratio of property taxes and requires establishment of a countywide property tax rate. He then addressed the individual departmental budgets. CITY COUNCIL (11) The City Manager proposed a reduction of 56 percent, the bulk of which results from a reduction in meeting and conference attendance. CITY ATTORNEY (13) The City Manager proposed no significant change in this appropriation. CITY MANAGER/CLERK (15) An elimination of three positions is recommended, two of which are currently filled. This would constitute a reduction of 39 percent. DEBT SERVICE - OPEN SPACE (16) This department would not be significantly impacted by Proposition 13 and would remain approximately the same. NON-DEPARTMENTAL (17) A reduction in the annual audit account is proposed, deletion of the summer intern program, reduction in the sick leave reserve, elimination of the employee training and development account, reduction in the accruing fringe and insurance reserve accounts, elimination of THAC support, and a $10,000 reduction in the contingency account. The total department reduction would be 43 percent. CITY COUNCIL MINUTES NO. 468 June 10, 1978 Page 1 POLICE (31) The City ~1anager proposed the elimination of the Lieutenant's position, paid crossing guards, Patrol/Investigator position, and one patrolman position. The total recommended reduction would be 21 percent. Mr. Nathaniel Marans, resident, questioned the possibility of consolida- tion with the City of Belvedere;' and Police Chief Bailey pointed out that Belvedere is currently cooperating with the City in providing backup service. Discussion ensued regarding providing dispatching services to Belvedere on a contractual basis. Chief Bailey recommended the City approach the Reed Union School District regarding the possibility of Sharing the costs for the crossing guards. RECESS Recess was called at 11:55 a.m., with Council reconvening at 12:10 p.m., roll call as originally noted. DEBT SERVICE - RBP (18) This department would not be significantly impacted by Proposition 13 and therefore remains approximately the same. PEP Er~LOYEES (19) The City Manager recommended the elimination of the Maintenance Man I position, a total departmental budget reduction of 29 percent. PLANNING/BUILDING (21) The City Manager recommended the elimination of one full-time position (Zoning Administrator) and the elimination of one part-time position (Assistant Planner), for a total reduction of 29 percent. The Acting Director of Community Development submitted a revised fee schedule for planning/building permits and services. It was Council's opinion that the Department should work towards becoming self-supporting through increased fees, thereby maintaining their current staff. This matter is to be agendized for the next regular meeting. Bass is to work with the Director in this regard. STREE~/PARK MAINTENANCE (41) The City Manager proposed an elimination of two Maintenance Worker II positions, as well as elimination of contractual services and trees and landscaping allocations. He also recommended significant line item reductions in operational supplies, street materials, equipment rental, and street lighting, for a total reduction of 37 percent. The Superintendent of Public Works stated it would be difficult for the Department to maintain both the streets and the parks with the proposed personnel cutback. Dennis Rockey suggested the Parks & Recreation Com- mission consider future Belveron ~1ini-Park maintenance being a function of the Belveron property owners. The Superintendent also pointed out the excessive maintenance costs for McKegney Green caused from the organized soccer on the Green. Dennis Rockey suggested increased user fees for the Green to help offset the maintenance costs. CITY ENGINEER (43) The City ~1anager recommended no change in allocation. Mayor Edelstein questioned the necessity of the City Engineer to attend all Council meetings. The City Manager indicated he would investigate this matter. PARKS & RECREATION (51) & FINE ARTS (53) The City Manager recommended both these departments be totally self-sup- porti.ng through user fees. This would require revision of the ordinance requiring one percent allocation of Transient Occupancy Tax to the Fine Arts Commission annually. Bass suggested this requirement be removed at this time and reconsidered by Council at a future date. Council approved agendizing the matter at the regular Council meeting of June 26, 1978. CITY COUNCIL MINUTES NO. 468 June 10, 1978 Page 2 The City Manager then outlined the current fund balances as of JUly 1, 1978, for Open Space, General Fund Restricted, and General Fund Unallocated. He stated it would be possible to shift some of these funds into the Operating Budget and maintain seven of the positions proposed for elimina- tion at an approximate cost of $103,000 for a six month period~ If Council supports this concept, he suggested that all positions be frozen, a moratorium placed on all salary negotiations: and salaries, an8 Council review all employee positions and salaries prior to January 1, 1979. MOTION: That the City Hanager be directed to submit a revised 1918~79 City Budget at the July 10, 1978, regular meeting .of the City Council which reflects: 1) that no immediate layoffs. occur of current regular City employees; 2) that all City employee positions be frozen indefinitely; and 3) that a six (6) month moratorium be placed on all salary negotiations, adjustments, and merit increases, effective July 1, 1978. Moved: Hanson, Seconded by Bass Vote: Unanimous Bergsund also suggested the Parks & Recreation Commission determine an increased fee schedule for consideration by the City Council. These fees would be geared towards park and tennis court maintenance costs. ADJOURNIVIENT There being no further business of the Council, the meeting was adjourned at 2:05 p.m., Saturday, June 10, 1978, to the next regular City Council meeting of Monday, June 12, 1978. it!. ~ ~ HAL EDELSTEIN, Mayor City of Tiburon ATTEST: CITY COUNCIL MINUTES NO. 468 June 10, 1978 Page 3