HomeMy WebLinkAboutTC Min 1978 (June thru September)
CORRECTED
CITY COUNCIL
CITY OF TIBURON
CALL TO ORDER
The regular meeting of the City Council of the City of Tiburon was called
to order at 7:45 p.m., Honday, June 12, 1978, by Hayor Edelstein in the
City Council Chambers, City Hall, Tiburon, California.
I. ROLL CALL
COUNCILMEN: PRESENT: Mayor Edelstein, Bass, Bergsund, Hanson, Rockey
ABSENT: None
EX OFFICIO: R. L. Kleinert, City Manager; R. Conn, City
Attorney; S. Bala, City Engineer: K. Palomares,
Acting Director of Community Development; J.
Lombard, Parks & Recreation Supervisor: J.
Bailey, Chief of Police: L. Brunini, Superin-
tendent of Public Horks; C. Kearney, Hinutes
Clerk
I I . APPROVAL OF f.'IINUTES
4i465 - l'-1ay 8, 1978. Page 1, Paragraph nDn, line 1, correct elOavis Ii
to "David.it Page 2, item 5, Paragraph 2, line 5, change to read:
n...physical expansion of sewage treatment facilities at Sanitary
District No.5 required...." Page 8, Paragraph nO", delete "galvanized
stripping" and insert "colored plastic coated fencing."
ri~. Richard Tipton, applicant for the Red ni1l Rise project, requested
several corrections to r1inutes No. 465; but was requested to submit
his suggested corrections in writing to the Council for consideration.
Bergsund reiterated her request in Minutes No. 465 that the Planning
Commission consider undertaking a study of the slide repair in the
future, and that ~rr. Tipton be notified of such a study.
MOTION: To approve Minutes No. 465, as amended.
bioved: Bergsund, Seconded by Hanson
Vote: Unanimous
Abstained: Bass
#466 - r'lay 18, 1978. Page 2, paragraph 6, last line, delete ~~for
discussion at the TO\oJn Heeting of Ivlay 23, 1978.H
lVlOTION:
Moved:
Vote:
To approve Hinutes No. 466, as amended.
Bergsund, Seconded by Hanson
Unanimous
1467 - Hay 22, 1978. Page 4, Item 11, line 7, delete '~one month."
Page 5, Item 5, line 6, change ~SB 1984" to "SB 1874".
tJIOTION:
l\iloved :
Vote:
To approve ~linutes No. 467, as amended.
Bass, Seconded by Bergsund
Unanimous
III. SHEARING IN OF NErr CITY COUNCILr'1AN, DENNIS ROCKEY, TO CITY COUNCIL
The City Nanager/Clerk administered the Oath of Office to Dennis
Rockey, appointee to the vacancy on the City Council created by the
resignation of Al Aramburu.
IV. APPOINTNENTS TO BOARDS & COlVlJl.1ISSIONS
Mayor Edelstein noted the two vacancies on the Parks & Recreation
Commission created by the resignation of Leon Olver and the appoint-
ment of Dennis Rockey to the City Council. He recommended Tammi
Fraser be considered for one of the vacancies; and that a screening
committee of Rockey and himself interview the other a~plicants.
MOTION:
l\ioved :
Vote:
e
To appoint Tammu Fraser to the Parks & Recreation Commission.
Rockey, Seconded by Hanson
Unanimous
It was determined the interview session shall be held on Thursday,
June 22, 1978, 7:30 p.m., in the City Council Chambers.
June 12, 1978
CITY COUNCIL MINUTES NO. 469 Page 1
I,
v. PUBLIC QUESTIONS AND COM~iliNTS
1. TIBURON ECUMENICAL ASSOCIATION (Report by Dee Moss Regarding
Hilarita)
Dee Moss, Tiburon's representative on the Tiburon Ecumenical
Association, gave an update on Hilarita activities, including a
5 percent rent increase, a change in management, a new bus
shelter at Ned's Way, speed bumps at Ned's Nay, and their request
for a flashing light at Tiburon Boulevard and Ned' s ~Jay. She
noted that the cost of the flashing light was found to be
prohibitive.
There were no comments or questions from the public.
VI. CONSENT CALENDAR
It was requested Item 10 be moved to the Consent Calendar for adoption.
MOTION: To adopt the Consent Calendar as amended consisting of the
following items:
2. RESIDENTIAL REHABILITATION LOAN PROGRN4 (Authorize Mayor
to Execute Agreement)
3. CLAIM FOR DM,mGES (Recommendation for Denial by City of
Tiburon)
10. LIABILITY INSU~~CE (Joint Powers Agreement for Liability
Insurance - Resolution No. 995)
Moved:
Vote:
Bass, Seconded by Rockey
Unanimous
VII. PUBLIC HEARINGS
4. PAUL K~1N MASTER PL~~ (Four Unit Single Family Dwelling, Paradise
Drive) FILE NO: 47708
The Acting Director suggested the following amendments to the
proposed ordinance:
Section 1, Item 2, delete "effect on the environment" and
insert "environmental effect. that could not be -~ndi:caten. It
mitigated."
Section 3, Item 7, add the following sentence: nprovision
of said open space lands shall be approved by the City
Attorney prior to recordation of the parcel map.
Delete Section 1, Item 3, and insert the following: "The
proposed roadway access shall have a minimum 18' wide pave-
ment. A 2' wide gravel shoulder shall also be provided,
except in the access road where there is no room for a
shoulder. The intersection of the access road with Paradise
Drive shall be modified to provide a proper sight distance.
These aforementioned improvements and other such standards
shall be approved by the City Engineer. Design of roads
shall meet all requirements of the Tiburon Fire District.
Such approval shall be in writing.
The developer shall also be required to install a minimum gn
water main, connected to the nearest Marin Municipal ~qater
District water supply with fire hydrants on same every 350'
to provide a minimum of 1,000 gallons of water per minute.
All road/water requirements must be installed and approved
prior to any sidewall construction on the property.
Prior to issuance of any building permit, the applicant shall
provide for a road maintenance agreement to the satisfaction
of the City Attorney which guarantees that said roadway shall
be adequately maintained."
The Director noted the revisions to the proposed r1aster Plan as
per the Planning Commdssion's recommendations due to potential
geological and water pressure problems. She recommended Council
pass first reading of the ordinance approving the Master Plan.
CITY COUNCIL MINUTES NO. 460
June 12, 1978
Page 2
The public .earing was declared open.
Mr. & ~~s. Frederick ~ianley, 4887 Paradise Drive, protested the
proposed density of the project in that the access road was
inadequate and too dangerous to carry the traffic generated by the
proposed project. They recommended that if this density is to
be allowed, the street be dedicated to the City.
The City Engineer stated he is recommending at 18' width with a
2' shoulder and passing zones, for the access road. He pointed
out that the proposed road turn around is satisfactory at this
point, has been approved by the Fire District, and any deviations
or difficulties will be resolved at the Precise Plan stage. He
also indicated that the proposed road is too narrow to be a City
street.
Mr. Kahn, the applicant, and Mr. Dean Rhodes, engineer for the
applicant, stated that the current road proposal was designed to
protect the environment. However, they are willing to conform to
the City Engineer's recommendations at the Precise Plan stage, and
currently have access to adequate right-of-way to conform to the
City's and Fire District's safety and density requirements. They
stated that they are proposing a joint maintenance program of
the road to be shared among the property owners.
Bass indicated his opposition to the Master Plan in that the
density is too great for the size of the access road as currently
proposed. He recommended Council oppose the Haster Plan and
return it to the Planning Commission for consideration of other
alternatives to the access road.
The public hearing was declared closed.
MOTION:
Moved:
Vote:
To read the Ordinance by title only.
Rockey, Seconded by Bass
Unanimous
MOTION:
Hoved:
Vote:
To pass first reading of AN ORDINANCE OF THE CITY OF
TIBURON APPROVING ~1ASTER PLAN FOR THE DEVELOPt'ffiNT OF
ASSESSOR'S PARCEL NO. 38-091-27 (PAUL G. KAHN), as
amended.
Bergsund, Seconded by Rockey
Ayes: Bergsund, Hanson, Rockey
Noes: Bass, Edelstein
This matter will be reagendized for second reading at the regular
Council meeting of June 26, 1978.
RECESS
Recess was called at 9:45 p.m., with Council reconvening at 9:55 p.m.,
roll call as originally noted.
VIII. OLD BUSINESS
5. BEVERAGE CONTAINER DEPOSIT ORDINANCE (Discussion of Marin Cities
& Proposed Countywide Ordinance - Report by Scavengers Concern-
ing Recycling Program) FILE NO: 1040.1
The City Manager noted that the City Council had requested this
matter be reagendized at this meeting to hear a report from repre-
sentatives of the scavenger companies concerning their proposal to
provide time and equipment to pick up recyclables door-to-door,
and to determine what position the cities of Corte Madera and
Mill Valley will be taking in terms of their ordinance implementa-
tion dates. He noted the City of Mill Valley has delayed its
ordinance effective date by 90 days to determine what the Board
of Supervisors will do on July 11th. The City of Corte Madera
has continued their effective date to January 1, 1979.
~tr. Tom RObertson, of the Marin Committee for Container Deposit
Legislation, gave a synopsis of events up to this point regarding
container deposit legislation within the County. He stated the
Board of Supervisors has passed first reading of a uniform County-
wide ordinance which requires the marking of containers be done
at the distributor level and not the retailer, and that the dis-
tributors and retailers share the deposits to cover handling costs.
CITY COUNCIL MINUTES NO~ 469
June 12, 1978
Page 3
This ordinance will be considered for second reading on July 11,
1978. Mr. RObertson, on behalf of the Committee, recommended
Council ~--i~-s-~.ei~-i'ft-~-&f--€~~en-'8-S-'8
~~4.€-~-\H'-e-,-.J:>a.t.- 4:.fta~- -t.fie- -e:r-tH:fl-aftee-.f>e- -a~ -t-e- i'>e--i'fl
e&ftf"*"iIlafiee- wi-t.fl.- -t..fie--€-etlftt:-y-'-s- eeftS-i~"t-i'OftS. de la y imp Ierne n ta t io n 0 f
it's ordinance until after the County has acted.
r1r. Joe Garbarino, of the Marin Sanitary Service, pointed out
that the scavenger companies' proposal to pick up recyclables
door-to-door is not economically feasible if a Countywide
beverage container deposit ordinance is enacted because the con-
tainers would be returned to the retailers for a deposit.
Ms. Mary Wilson, of the Environmental Forum, gave a slide present-
ation on the merits of container deposit legislation.
~~. Tony Campodonico, of the New Century Beverage Company, stated
that according to studies, the return rate for bottles in Tiburon
is below standards of the EPA and Federal Energy Administration.
He urged the City rescind its adopted ordinance, allow the
scavengers' program to operate within the City under grant funds
provided through SB 650, and have an EIR prepared.
Council directed Staff to agendize an amendment to Ordinance 183
N.S. for adoption at the June 26, 1978, regular meeting, which
would continue the effective date to January 1, 1979, to allow
time for County action regarding this matter. Staff was also
directed to determine whether an EIR should be done on this
matter, and if so, when the proper time is and which party should
perform such.
8. TIBURON PENINSULA RUN (Request for Permit for Running Race)
FILE NO: 1070
The Parks & Recreation Supervisor recommended Council allow the
2JRound Tiburon Peninsula Run" on Sunday, August 20, at 10:00 a.m.
with the stipulations that course monitoring, first aid, and
cleanup be provided by the race sponsors; that the race sponsors
continue to work with City Staff to coordinate parking and traffic
control; and that Budweiser Brewing Corp. involvement be limited
to the distribution of tee shirts, runners' numbers and trophies
and/or prises to individual winners. It was pointed out that this
race would cause no expense to the City in that the Explorer
Scouts will be donating their time to monitor the race. Bergsund
indicated concern that Council's approval of this race might set
a precedent for future races within the City. The Parks & Recrea-
tion Supervisor pointed out that the Parks & Recreation Commission
is currently considering a running race policy for the Tiburon
Peninsula.
Bass felt this might be an inconvenience to the community and
that the community should be noticed of the event before Council
votes to approve or disapprove the race.
HOTION:
Hoved:
Vote:
To approve the "Round Tiburon Peninsula Run" on August
10, at 10:00 a.m. as per staff recommendations and
stipulations.
Rockey, Seconded by Bergsund
Ayes: Bergsund, Hanson, Rockey, Edelstein
Noes: Bass
Bergsund suggested the Parks & Recreation Commission consider
charging user fees for/running races on the Peninsula.
club sponsored
11. AVENIDA MIRAFLORES STREET REPAIR (Authorization for Non-Budgeted
Capital Improvement Project) FILE NO: 4200
The City Manager recommended immediate perManent repair of the
pavement on Miraflores Avenue where a sub-drainage bubble has
formed in the street caused from the heavy rainfall of last winter.
This non-budgeted item would be funded from the restricted Gas
Tax fund at an estimated cost of $9,550.
i'-10TION:
f-1oved :
Vote:
To approve the expenditure of $9,550 for the repair of the
pavement on Miraflores Avenue.
Bass, Seconded by Rockey
Unanimous
CITY COilllCIL MINUTES NO. 469
June 12, 1978
Page 4
6. TIBURON SCHOOL CONVERSION (Review of Phase I General Land Use
Plan) FILE NO: 100.3
The City Manager presented the general land use plan for the pro-
posed senior citizen housing units at the Tiburon School. Staff
recommended that Council authorize the City Manager to approve the
Phase I materials, thereby allowing EAH to commence with Phase
II of the work program.
Council expressed concern in that Phase I as proposed is more than
a general land use plan, and approval of such might be too much
of a commitment at this time. Discussion also ensued as to
whether the $12,500 fee for services paid to EAH for the feasi-
bility study from the third year HCDA funds granted to the City
would have to be reimbursed to HCDA should the plan fail to be
approved. Council was informed that HCDA would not have to be
reimbursed, but that the remaining funds would be redistributed
to other programs. There was also concern relating to the future
of the Day Care Center at this location, and whether the Day Care
Center representatives have had an opportunity to review the pro-
posal.
Therefore, it was the consensus of Council that this item be
continued to the June 26, 1978, regular meeting; and that Martin
Mackey, of EAH, George Banning, the project architect, and Day
Care Center Representatives be invited to attend to provide
further clarification and information.
7. CITY COUNCIL REGULAR MEETINGS (Comments by The ARK) FILE NO: 1023
Mayor Edelstein pointed out that a letter had been received from
The ARK urging the Council meeting days be changed from Mondays
to Y1ednesdays to allow for more timely coverage and publicity
of City activities.
MOTION:
l\1oved :
Vote:
To change the City Council meeting days from the second
and fourth Mondays to the first and third Hednesdays
of each month, effective September 6, 1978.
Bergsund, Seconded by Rockey
Unanimous
An appropriate resolution will be agendized for the June 26, 1978,
regular meeting formally adopting the change.
IX. NEt~ BUSINESS
9. ~~RIN COUNTY OPEN SPACE ACQUISITION (49 Acres - Tiburon Ridge)
FILE NO: 3080
The City Manager noted the County Open Space District's proposed
acquisition of approximately 49 acres on the northerly slope of
the Tiburon Peninsula across from Paradise Beach Park. He stated
that the Board of Supervisors had continued this matter to June 13
because several property owners from the unincorporated area on
the Peninsula had been in attendance and stated opposition to the
acquisition. The City Manager recommended Council support the
Open Space acquisition by the County and recommend the County not
condition the purchase on refraining from any future annexation
consideration of the property.
losing
Council discussed the possibility of/i~inq funds for any acquisi-
tion of open space on the Tiburon Peninsula if opposition is
expressed to this particular acquisition. Therefore, it was deter-
mined that an expression should be made that Council does support
this proposal, but would like the County to consider other prior-
ities on the Peninsula if possible.
MOTION: That the City Manager be authorized to advise the County
Open Space District that the City Council supports the
County's proposal to purchase the proposed open space
lands on the Tiburon Peninsula; however, Council does
encourage the County to purchase open space within the
City limits, if possible, consistent with both the City's
and the County's Open Space Plans.
Moved: Bass, Seconded by Bergsund
Vote: Unanimous June 12, 1978
CITY COUNCIL MINUTES NO. 460 Page 5
x. STAFF REPORTS, CO~ll1UNICATIONS, AND CITY MANAGER ITEMS
Iconsider whether it could reaffirm
A. Edelstein noted that the Belvedere Mayor had requested the Tiburon
Council/~e~e~ its desire to proceed with the Lagoon Road
Park Tennis Courts project, in light of the recent passage of
Proposition 13. Bass stated that since the funds are available
at this time, the plans should proceed.
MOTION: To proceed with the Lagoon Road Park Tennis Courts
project.
Moved: Bass, Seconded by Hanson
Vote: Unanimous
B. The City Manager gave a status report of the utility underground-
ing project. He noted that there might be a savings in costs if
the City were to provide its own trenching instead of P.G.& E.
The City Engineer pointed out that Rule 20A funds cannot be
utilized for engineering costs for this project. Staff will
report back at a future meeting regarding this matter.
XI. EXECUTIVE SESSION
Council adjourned to Executive Session at 1:00 a.m., Tuesday, June
l3, 1978, to discuss current and pending litigation.
XII. ADJOURNMENT
There .being no further business, Council adjourned at 1:20 a.m.,
Tuesday, June 13, 1973, to the budget hearing of June 19, 1978.
& Cu~~-
aAL EDELSTEIN, Mayor
City of Tiburon
ATTEST:
CITY COUNCIL MINUTES NO. 46e
June l2, 1978
Page 6
CORRECTED
CITY OF TI!lURON
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 Hayor Edelstein, at 7:55 p.m.i
}ionday, June 19, 1973, in the City Council Chambers.
ROLL CALL
COUNCILNEN:
PRESENT:
ABSENT:
Bass, Bergsund, Hanson, Rockey I I-layor Edelstein
None
EX OFFICIO: R. L. Kleinert, City Manager, So Bala, City Engineer: L.
Brunini, Superintendent of Public f'1orks; C. Kearney I
i\linutes Clerk
PUBLIC HEARING
The Chair declared the continued public hearing for the proposed 1978-79
Preliminary City Budget open for public discussion and Council consider-
ation.
The City Manager noted that this meeting would address mainly the Capital
Improvement Program and Open Space Acquisition Program for 1978-79. He
recommended that several projects be deferred to next fiscal year to cut
expenditures; however, some must be pursued this fiscal year due to grant
funding co~~itments. He then submitted a revised worksheet proposal for
the Capital Improvement Program for 1979-79.
I. STREET r-lAINTENANCE
The City Manager recommended deferring the Seafirth Place Overlay, Lyford
Drive Overlay, and Stewart Drive Overlay projects to next fiscal year.
Gas tax monies saved from deferring these projects would then be trans-
ferred into the General Fund operating account.
A representative from the Seafirth Property Owners Association stated
Seafirth Place was in very bad condition and questioned whether a portion
of the work could be done to improve the road surface. The City Engineer
indicated this could be done in the form of preparing the road for an over-
lay and then completing the project next fiscal year. However, he pointed
out that the partial or pre-overlay improvements would cost more per unit
than doing the total job at once.
The City Hanager noted these coa~ents and indicated he would take them
into consideration ?rior to final adoption of the City Budget.
II. STREET IHPROVEr"'lENTS
The City l"Ianager recommended no change from the previously proposed budget.
These projects will be partially funded through various state and federal
grants.
The City Engineer suggested Council consider a policy requiring property
owners and developers to maintain and install sidewalks in front of their
respective properties. Council discussed in length also requiring the
installation of curbs and gutters as well as sidewalks by developers and
requiring them to deposit into a special fund at the time of master plan
approval, or perhaps as a condition of the building permit.
III. STREET DRAINAGE
The City Engineer pointed out the construction costs had risen 30 per-
cent since the preliminary budget was prepared. Therefore, he recommended
waiting to next fall before bidding for any of these projects to see if
construction costs decrease.
IV. CON1"1UNITY DEVELOP~IIENT
Rockey expressed concern regarding the erosion near Elephant Rock and
along Richardson Bay Lineal Park, and questioned whether these areas
could be repaired this year. The City Manager replied that he is recom-
mending repair of the riprap only along Richardson Bay Lineal Park at a
cost of $6,000.
CITY COUNCIL }lINUT~~S :\100 470
June 19, 1978
Page 1
The City Manager pointed out that the erosion occurring near Elephant
Rock was on private property, and the owners have not yet indicated any
intentions to correct the problem. Council discussed perhaps treating
this problem as an abatement procedure, since the erosion could jeopard-
ize the adjacent road and proposed park area. Staff was directed to sub-
mit recommendations regarding possible solutions at the June 26th Council
meeting.
The City Nanager noted Council's previous decision to delay construction
of the r1ulti-Use Path widening project for one month until a decision
was made as to the location of the proposed restrooms in Richardson gay
Lineal Park. The month has now passed and the contractor is waiting for
authorization to proceed from the City. Rockey noted that the restroom
architect has prepared a recommendation to be considered by the Parks &
Recreation Commission at their July 6 meeting.
After lengthy discussion by Council, it was requested the Parks & Recrea-
tion Commission again consider the merits of having restrooms in this
area at all, and submit their recommendations to the Council for consider-
ation at Council's July 10 meeting. The City Engineer was directed to
notify the contractor to defer the project until July 11th.
Bass expressed concern regarding development of the South of the Knoll
area in terms of increased maintenance requirements, based on the City's
recent decision .to freeze all employee positions and salaries. Bass also
indicated his opposition to restroorns in this vicinity. The City Manager
pointed out that this area is considered a high priority for improvement
along Richardson Bay Lineal Park, and he would recommend that more main-
tenance effort be directed towards this project than for other purposes.
fa
Rockey stated that the Parks & Recreation Commission had expressed an
interest in keeping this area in as naturall~- state as possible with
improvements only in drainage and grading, thereby necessitating very
little maintenance. He also noted that no definitive plans are yet avail-
able on this particular project. The City Engineer pointed out that cer-
tain shoreline had been lost in this vicinity, and the City Manager was
requested to deterMine whether any of the S3 174 funds could be diverted
for the purpose of repair of the shoreline erosion. Council requested
this project remain in the budget until this determination is made.
Council discussed the proposed City Hall relocation to the recently pur-
chased RUSD property at a cost of approximately $12,500. The City Manager
stated. that the existing fence must be extended behind the Reed School
property to Lyford Drive to ensure safety to students from City Hall traf-
fic. Also, since the City's current lease expires July 1, 1978, an agree-
ment will have to be reached with the property owner to allow the Police
Department to remain at their present location until approximately Septem-
ber 1, 1978.
The City Manager pointed out that the proposed Lagoon Road Tennis Courts
bids have been received by the City of Belvedere and are substantially
higher than anticipated. Tiburon's share on a 50-50 basis with Belvedere
is approximately $28,000. However, the Joint Belvedere/Tiburon Recreation
Committee is expected to contribute an additional $5,000 through user fees
and another $5,000 raised through private fund raising. Therefore,
Tiburon's total cost would be approximately $23,000. Hr. Stewart Hopkins
indicated his opposition to this project in that it could not be afforded
in light of Proposition 13 cutbacks. It was pointed out that the funds
are available for this project and the community has indicated its desire
and need for more tennis courts. However, if the project should cost more
than $23,000, the matter will have to be reconsidered.
It was determined that the Stone Tower Preservation account, which was
previously removed from the proposed budget, should be included to aid
in obtaining matching grant funds by showing that some funds are earmarked
for this purpose. Rockey recommended the one percent Transient Occupancy
Tax, which is to be removed from the Fine Arts Commissmon account, be
allocated to the Stone Tower Preservation account.
The City Manager also noted the deletion of the Tiburon School Conversion
project from the budget since it will be funded totally through HCDA
funds, as per Council's request that non-City funded projects not be
shown in the budget. Council also discussed the merits of proceeding with
this project when it is unknown whether the School District is interested
in Changing the use of this property. It was pointed out that the feasi-
bility study was necessary to present to the School District for their
consideration of the proposal. These concerns and others will be addressed
at the regular Council meeting of June 26, 19780
CITY COUNCIL MINUTES NO. 470
June 19, 1978
Page 2
The City Manager recommended that projects which are funded through other
sources be included in the narrative of the budget, but not shown as an
actual line item funding allocation.
ADJOURN1VlENT
There being no further business of the Council, the meeting was adjourned
at ll:OO p.m., Monday, June 19, 1978, sine die.
~ G~~~
r -iIiu. EDELSTEIN, l'1ayor
City of Tiburon
ATTEST:
Clerk
CITY COUNCIL MINUTES NO. 470
June 19, 1978
Page 3
CORRECTED
CITY COUNCIL
CITY OF TIBURON
CALL TO ORDER
~he 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.,
Monday, lJune 26, 1978, in the City Council Chambers.
I. ROLL CALL
COUNCILMEN:
PRESENT:
ABSENT:
Mayor Edelstein, Bass, Bergsund, Rockey
Hanson
EX OFFICIO: R. L. Kleinert, City Manager; J. Bailey, Chief of Police;
G. Ragghianti, Deputy City Attorney~ S. Bala, City Enginee
L. Brunini, Sllpt. of Public Works; C. Kearney, Minutes
Clerk
II. APPHOVAL OF MINUTES
#468 - last page, correct date at bottom to July 10, 1978.
M01'ION: 'ro adopt Minutes No. 468 as amended.
Moved: Bass, Seconded by Bergsund
Vote: Unanimous
Absent: Hanson
Abstained: Rockey
#469 - Continued to July 10, 1978.
III. CITY COUNCIL, COMMISSION & COMMITTEE REPORTS
(a) LAGOON PARK TENNIS COURTS - BELVEDERE (Oral Report by City Council
Conunittee - Edelstein & Rockey)
Rockey reported on the June 20th Belvedere Council meeting
regarding the Lagoon Road Tennis Courts, at which time the
matter was continued to the next regular Belvedere City Council
meeting. Meanwhile, the Joint Belvedere/Tiburon Recreation
Committee voted to increase tennis card fees for two years to
raise an additional $10,000, and a committee has been formed
for the purpose of raising an additional $10,000 in donations
and pledges. These monies will be applied against the costs for
the tennis courts construction.
(b) Mayor Edelstein noted a field trip by members of the City Council
at the Kahn project site on Paradise Drive to view the proposed
driveway alignment. It was determined the proposed driveway
should be staked to show the width as recommended by the City
Engineer and the location of safety signs. Staff was directed
to do so prior to the next regular Council meeting of July 10,
1978, for viewing by the Council and neighbors.
IV. APPOINTMENTS TO BOARDS AND COMMISSIONS
Mayor Edelstein requested this matter be continued to July 10, 1978.
V. PUBLIC QUESTIONS AND COMMENTS
1. P.G.& E. EMERGENCY SERVICE LINE (Richard Conrad, So. Marin District
Manager)
Mr. Richard Conrad, of P.G.& E., outlined the significant changes
in the prollosed P.G.& E. emergency service line from Trestle Glen
down Tiburon Boulevard and requested city representatives walk
the proposed site with P.G.& E. representatives. This walk was
scheduled for Saturday, July 8, 1978, 10:30 a.m., and the appro-
priate homeowner associations are to be so notified.
CITY COUNCIL MINUTES NO. 471
June 26, 1978
Page 1
,t
VI. CONSENT CALENDAR
The City Manager suggested Item 15 be moved to the Consent Calendar.
MOTION: To adopt the amended Consent Calendar as follows:
2. ENCROACHMENT PERMITS
(a) Telephone Company - Lyford Drive to Round Hill Road
(b) Sewer Line - Taylor Road
3. CITY COUNCIL REGULAR MEETINGS (Change of Council Meeting
Dates - Resolution No. 996)
4. AUTHORIZATION FOR SIGNING CHECKS AND OTHER INSTRUMENTS
(Deleting Deborah Zepnick and Al Aramburu and Adding
Alan P. Nadritch and Dennis Rockey - Resolution No. 997)
5. ESTABLISHING RED ZONE (90 Lyford Drive - Resolution No.
998)
15. LOCAL AGENCY INVESTMENT FUND (Amend City's Resolution of
Participation - Resolution No. 999)
Moved:
Vote:
Absent:
Bergsund, Seconded by Bass
Unanimous
Hanson
VII. PUBLIC HEARINGS
6. SOUTHERN PACIFIC DOWNTOWN DEVELOPMENT (Policy Pertaining to Pro-
cessing of Master Plan) FILE NO: 47706
The Deputy City Attorney presented this item and recommended that
Council affirm the action of the Planning Commission--to not con-
sider any proposed Master Plan for this property until such time
as all owners approve of the submission--if Council feels it has
sufficient information and desires to act at this time.
The public hearing was declared open.
Mr. Philip Diamond, attorney representing Messrs. Demaurex,
Quetnick and Walter (three of the individual owners of the unim-
proved Tiburon waterfront properties along Paradise Drive),
urged Council not approve the Railroad's proposed master plan
prior to receiving the consent of the individual property owners.
Otherwise, complex and expensive litigation might ensue between
the three parties.
Mr. Matthew B. Weinberg, another waterfront property owner, sub-
mitted a written statement indicating that the waterfront pro-
perties and the Railroad properties are to be developed as a
single unit, an integrated whole. This is the purpose and result
of City action for almost ten years, including litigation the
City engaged in for this purpose. Therefore, to avoid lengthy
litigation, he urged the City not approve the proposed master plan
prior to agreement between the waterfront property owners.
Mr. Robert Foley, attorney representing the Railroad, gave a brief
history of the project and stated the existing court order on the
property does not state that the Railroad cannot plan for the
project, but rather that they cannot develop it without the consent
and agreement with the other property owners. He stated it is not
the Railroad's intentions to exclude the other property owners
from submitting their input into the planning process, but the
results of such will be the criteria for determihation of whether
purchase of certain properties for development is viable and feasi-
ble. Therefore, he urged Council proceed with the processing of
the Master Plan.
Mr. Diamond indicated his clients' concerns that their legal
rights might be forfeited if the City were to allow the planning
process to proceed prior to agreement between the owners.
Mr. Weinberg pointed out that the property owners had reached
an agreement prior to the previously submitted Sequoia Pacific
CITY COUNCIL MINUrrES NO. 471
June 26, 1978
Page 2
l
Plan, thereby proving the parties are capable of reaching an
agreement before the ultimate plan is produced. Without such
prior agreement, the planning process would be futile.
Mr. Foley stated it was in the best interest of the City to com-
plete the planning process; and if the final results do not meet
the approval of the other owners, then the development can be
delayed. However, he felt the planning process itself, under
the direction and guidance of the City, would bring the
property owners together in agreement.
Mr. Al Curtis, resident, urged the City move cautiously towards
a solution.
Hearing no further comment, the public hearing was declared
closed.
Bergsund and Bass expressed their opinions that agreement should
be reached between the parties involved before proceeding
with the master planning process. After discussion by the Council
a motion was made to affirm the action of the Planning Corrullission.
MOTION:
To affirm the action of the Planning Commission to
refuse to process any proposed Master Plan for this
property until such time as all of the owners approve
of the submission on the basis that applicatiol1 is
incomplete.
Bass, Seconded by BergsunJ
Unanimous
Hanson
Moved:
Vote:
Absent:
RECESS
Recess was called at 9:05 p.m., with Council reconvening at 9:25 p.m.,
roll call as originally noted.
7. WILKENS COURT MASTER PLAN/MINOR SUBDIVISION (Ordinance - 1st
Reading) FILE NO: 47802
The City Manager outlined and reviewed the proposed master plan
and noted a requirement in the proposed ordinance for open space
retention to secure an easement from the adjacent property owner
and consideration of providing a pedestrian trail easement. Staff
recommended Council pass first reading of the proposed ordinance
and approve the parcel map by resolution at the next regular
Council meetinq.
Bergsund and Rockey requested Item 12 under Section 3 of the pro-
posed ordinance be amended to read "The applicant shall provide
trail easements as might be required for crossing lots 1 & 2
prior to recordation of the Parcel Map. Council concurred.
The public hearing was declared open.
The applicant, Mr. Don Brooks, indicated his willingness to pro-
vide a trail easement where children are currently walking to
and from a school bus, as long as it does not cross the building
envelopes, disturb landscaping, and cause littering of the
property.
Council determined that the Planning Commission should consider
the location of the trail easement prior to recordation of the
Parcel Map.
The public hearing was declared closed.
MOTION:
Moved:
Vote:
Absent:
To read the Ordinance by title only.
Bass, Seconded by Rockey
Unanimous
Hanson
CITY COUNCIL MINUTES NO. 471
lJune 26, 1978
Page 3
!
MorrrON:
To pass first reading of AN ORDINANCE OF THE CITY OF
rrIBURON APPROVING HASTER PLAN FOR THE DEVELOPMENT OF
ASSESSOR'S PARCEL NO. 39-070-03 (WILKENS COURT), as
amended.
Bass, Seconded by Rockey
Unanimous
Hanson
Moved:
V 0 t:e :
Absent:
VIII. OLD BUSINESS
8. TTBUHON SCHOOL CONVEHSI0N (Review of Phase I General Land Use
Plan) FILE NO: 4000
The City Manager reviewed the proposed general site plan
indicating the number and design layout of the proposed eleven
units, location of parking, and open space and recreational
uses. He noted the purpose of this general site plan (Phase I)
is to provide the cost basis upon which the feasibility study
(Phase II) can be prepared. He recommended Council approve Phase
I of the contract and authorize commencement of Phase II (the
feasibility study.)
Council indicated concern that approval of Phase I and signing
of the contract would commit the City to the design layout as
proposed in the submitted general site plan, since there was
still question as to the disposition of the Day Care Center
facility and its location.
Ms. Donna Brumbaugh, Director of the Day Care Center, stated they
have started searching for a new location because construction
of the proposed project would make the facility unsafe for small
children and the proposed plan calls for a reduc.tion in their
current play area.
Mr. Nathaniel Marans, Tiburon resident, questioned whether use
of HUD funds would preclude Tiburon elderly from exclusive use
of the facility. It was pointed out that HUD fund monies cannot
be restricted for this purpose.
Mr.' & Mrs. David Trummer, rriburon residents, opposed usage of
this facility as housing for the elderly because of its location
and the slope steepness.
Ms. Vivian Jackman, of the Committee for Concern for the Elderly
in Tiburon and Belvedere, stated the Committee had conducted a
survey of local elderly people, the majority of which disapproved
of this facility for housing for the elderly. The Committee findE
the facility inappropriate for elderly and handicapped individuals
because of the slope steepness. Also, the proposed eleven units
would not provide adequate housing compared to the community needs.
Mr. George Banning, architect for the project, stated the slope
incline is very gradual and in keeping with other elderly housing
projects within the County. He also stated that because the pre-
sent building was constructed well, he was convinced the con-
struction costs would be less than anticipated and disruption to
the Day Care Center would be for no longer than six months during
construction.
Mrs. Helen Benedict, of the Tiburon Ecumenical Association, stated
there is a desparate need for housing in the community and this is
an opportunity to provide such for the elderly.
Mr. Martin Mackey, Director of the Ecumenical Association for
Housing, suggested the Tiburon Ecumenical Association for Housing
manage the proposed facility in conjunction with the City in much
the same manner as the fIilarita housing project is managed.
Mr. Jack Frost, of the Tiburon Ecumenical Association, stated the
Association had voted unanimously to share the management of the
CITY COUNCIL MINUTES NO. 471
.June 26, 1978
Page 4
Ii
proposed project with the City and agreed to support City
action to proceed with the feasibility study.
Ms. Anne DeMartini, resident, urged the facility not be utilized
for housing, but expanded as an activity center for the community
elderly.
Mrs. Eugenia Marans, Chairman of the Tiburon Heritage Commission,
noted the Parks & Recreation Commission had previously discussed
converting this facility into an elderly activity center to be
funded through the HUD monies. It was pointed out that the
HUD funds can be used for housing purposes only.
Augusta Tunney, on the Board of the Day Care Center, requested
the feasibility study include the rent loss incurred should the
Day Care Center be relocated. Mr. Mackey agreed to do so.
Bergsund suggested amending the contract to decrease the proposed
units to five or six and accorr~odate the Day Care Center with their
current space and perhaps provide a community service room for
other activities. In other words, have the feasibility study
address other alternatives.
MOTION: To form a Committee consisting of Day Care Center Repre-
sentatives, EAH representatives, and Council members to
formulate an agreement which would address other alterna-
tives as suggested.
Moved: Rockey, Seconded by Bergsund
Bass expressed concern regarding entering into this contract and
conunitment to the proposed plan. He felt extensive hearings
should be held at the Plannin9 Commission and Board of Adjustment.s
and Review levels regarding the site.
The City Manager pointed out that Council's approval of Phase I
and entering into the contract would be approval of only a general
land use plan, and amendments could be made during the three addi-
tional Phase II public hearings which are yet to be held.
Ms. Tunney, on behalf of the Day Care Center, stated she was in
agreement that Council approve Phase I of the contract as long
as the Center is provided for in Phase II.
Rockey withdrew the previous motion.
MOTION: To approve the housing concept presented in the Phase I
materials and request the Planning Commission to conduct
two public hearings regarding these plans.
Moved: Rockey, Seconded by Bergsund
Bass opposed approving the plan and recommended that the contract
be revised to read simply that the services performed be paid, but
the City will not accept the submitted drawings or express a
consent to the concept until after the three public hearings, two
of which are to be held at -the Planning COI1Ullission level.
Mr. Mackey recommended Council approve the residential portion of
the agreement at this time and consider the Day Care Center and
activity center aspects at the three public hearings. Mayor
Edelstein opposed partial approval of the plan.
Rockey withdrew his motion.
MOTION:
To authorize the Mayor to execute the agreement with the
understanding that all drawings and documents submitted
to date are not being accepted, but are being referred
to the Planning Commission for two public hearings and
review.
Bass, Seconded by Rockey
Unanimous
Hanson
Moved:
Vote:
Absent:
CITY COUNCIL MINUTES NO. 471
June 26, 1978
Page 5
j
After consideration at the Planning Commission level, the plan
will be returned for a third public hearing by the City Council.
9. BEVERAGE CONTAINER DEPOSIT ORDINANCE (Amendment to Effective
Date of Implementation - Ordinance, 1st Reading) FILE NO: 1041.1
Staff recommended Council pass first reading of the draft Ordinance
Wllich amends Ordinance No. 183 N.S. and extends the effective date
to January 1, 1979, to coordinate the City of Tiburon's efforts
with that of the County of Marin and other Marin cities.
MOTION:
Moved:
Vote:
Absent:
MOTION:
Moved:
Vote:
Absent:
IX. NEW BUSINESS
To read the Ordinance by title only.
Bass, Seconded by Rockey
Unanimous
Hanson
To pass first reading of AN ORDINANCE OF THE CITY OF
TIBURON AMENDING SECTION 7 (CHANGING EFFECTIVE DATE) OF
ORDINANCE NO. 183 N.S. (REGULATING THE SALE OF BEVERAGE
CONTAINERS)
Bass, Seconded by Bergsund
Unanimous
Hanson
10. FINE ARTS COMMISSION FUNDING (Amend Allocation Formula - Ordinance,
1st Reading) FILE NO: 2036
Staff recommended Council pass first reading of the draft Ordinance
which amends Ordinance No. 150 N.S. by deleting the provision
requiring one-sixth of the money collected for the Transient
Occupancy Tax be used for cultural and related artistic purposes.
MOTION:
Moved:
Vote:
Absent:
MOTION:
Moved:
Vote:
Absent. :
To read the Ordinance by title only.
Bergsund, Seconded by Bass
Unanimous
Hanson
To pass first reading of AN ORDINANCE OF THE CITY OF
TIBURON REPEALING SECTION 7-18 OF THE TIBURON MUNICIPAL
CODE (WHICH PROVIDES FOR DISTRIBUTION OF TAX FOR CUL-
'rURAL PURPOSES)
Bergsund, Seconded by Bass
Unanimous
Hanson
11. PLANNING/BUILDING FEES (Revised Fee Schedule .- Resolution)
The City Manager submitted the current fee schedule for comparison
by Council to the proposed revised fee schedule. Council expressed
concern regarding the proposed hourly rate for staff time required
to review planning and similar projects, and how this time could
be accurately computed.
Bergsund suggested this matter be continued to the July 24
regular meeting to allow the new Director of Community Development
to review the proposal and make recommendations.
Mr. Allan Littman suggested Council consider increased efficiency
as well as increased fees; and recommended the allowance of master
planning and precise planning considerations at the same time for
subdivisions of four parcels or less.
Staff was directed to consider these suggestions in revising the
fee schedule for consideration at the July 24 Council meeting.
12. ELEPHANT ROCK (City Attorney Recommendations Concerning Erosion)
FILE NO: 4000
At the request of the City Engineer, this item
~J u 1 Y 10, 1 9 7 8 .
Crry COUNCIL MTNTFrF.S NO. 471
t
was continued to
~T une 2 6, 19 7 8
Page 6
13. SIDEl~ALK POLICY (Consideration of Policy Requiring Developers
to Contribute to Fund for Maintenance and Installation of Curbs,
Gutters, and Sidewalks) FILE NO: 4104
At the request of Staff, this item was continued to July 10, 1978.
x. SrrAFF REPORTS, COMMUN!CATIONS, A,ND CITY MANAGER ITEMS
14. lJOINT PARKS & RECREATION COMMrrrTEE FEE POLICY (Report & Recommenda-
tions) FILE NO: 6201
The Parks & Recreation Supervisor requested this item be continued
to the City Council July 24th regular meeting since a quorum was
not present at the June 21st lJoint Recreation Committee meeting.
A. The City Manager noted another revenue source for the City, in
light of Proposition 13, is the business license tax. He informed
Council that any action to increase these taxes must be done prior
to July 1st as per provisions of Proposition 13. Therefore, Council
directed Staff to schedule a public hearing for Thursday, June 29,
1978, at 7:30 p.m., to consider adoption of an Urgency Ordinance to
increase the business license fees. The appropriate merchants are
to be so notified.
ADlJOURNMENT
There being no further business, the meeting was adjourned at 11:40
p.m., Monday, June 26, 1978, to the public hearing scheduled for
Thursday, J.une 29, 1978.
/d!LSf~~ -
City of Tiburon
A TTESrr :
,~.,.....,.-
R. L.
CITY COUNCIL MINUTES NO. 471
J'une 26, 1978
Page 7
CORRECT
CI'l'Y COUNCr L
CITY OF TIBUHON
CALL TO ORDER
The regular meeting of the Ci ty Council of the Ci ty of 'riburon was called
to order at 7:40 p.m., Monday, July 10, 1978, by Mayor Edelstein in the
City Council Chambers, City Hall, Tiburon, California.
I. ROLL CALL
COUNCILMEN:
PRESENT:
ABSENT:
Mayor Edelstein, Bass, Bergsund, Hanson, Rockey
None
EX OFFICIO: S. Bala, city Engineer; K. Palomares, Acting
Director of Community Development; J. Lombard,
Parks & Recreation Supervisor; J. Bailey,
Chief of Police; L. Brunini, Superintendent
of Public Works; C. Kearney, Minutes Clerk
II. APPROVAL OF MINUTES
#469 - Page 1, under Appointments, correct spelling of "Tammi" to
"Tanunie. " Page 2, under I tern 4, paragraph 2" change "indica ted" to
"mitigated." Page 4, Item 8, last paragraph, change to read "...user
fees for club sponsored running races..." Page 5, paragraph 2, line
1, correct spelling of "loosingll to 1I10sing." paqe 6, X(A), change
to read "...requested the Tiburoti Council consider whether it could
reaffirm its desire to..." Page 4, first paragraph, line 2, change to
read: "Mr. Robertson, on behalf of the Committee, recommended Council
delay implementation of its ordinance until after the County has
acted. "
Mo'rION:
Mo ve d :
Vote:
To approve Minutes No. 469 as amended.
Bergsund, Seconded by Bass
Unanimous
#470 - Paragraph 5, line 2, delete "of" and insert "a." Page 3,
under Adjournment, correct "11:00."
MOTION:
Moved:
Vote:
To approve Minutes No. 470, as amended.
Bergsund, Seconded by Rockey
Unanimous
#471 - Continued to July 24, 1978.
#472 - Page 1, under Public Hearings, paragraph 7, change to read
1I...suggested that licensed real estate salesmen..." Paragraph 6,
add the following to the last sentence: "...as being excessive, and
objected to the inclusion of the $48 fee for vending machines which
was deleted from the proposed ordinance. II
MOTION:
Moved:
Vote:
To approve Minutes No. 472, as amended.
Rockey, Seconded by Bergsund
Unanimous
III. RECOGNITION OF CITY SERVICE
1. AL ARAMBURU (City Councilman 1972-78)
Mayor Edelstein commended Al Aramburu for his dedicated service on
the City Council, and presented him with a placque, aerial photo-
graph of the Tiburon Peninsula, and a resolution of appreciation.
Moved:
Vote:
To adopt Resolution No. 1000, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TIBUHON COMMENDING AL ARAMBURU FOR
HIS SERVICE TO 'rIlE CITY OF TIBURON.
Rockey, Seconded by Bergsund
Unanimous
MOTION:
IV. APPOINTMENTS TO BOARDS AND COMMISSIONS
2. JOINT BELVEDERE/TIBURON Pl\lU~S & RECREA'rION COf\;1MT'l'TEE (I~ecommenda-
tions by Parks & Recreatioll Commission) FILE NO: 6201
The Parks & Recreation Supervisor recommended Council appoint
July 10, 1978
CITY COUNCIL MINUTES N() _ 47 i P;lCf(~ 1
Parks & Recrea tion Commissiorl s Koehler and Flowers to the L:Toint'
Recrea tion Conillli t tee as per the Parks & Recrea tion Commission's
recommendations. Koehler's term would be for one year and Flower'
for two years.
MOTION:
Moved:
Vote:
To appoint Charles Koehler and Kay Flowers to the Belvede
Tiburon Joint Recreation Committee.
Rockey, Seconded by Bergsund
Unanimous
(A) Mayor Edelstein noted the vacancy on the Parks & Recreation
Comnlission and that the Council Screening COlnrnittee had com-
pleted their interviews of applicants for the appointment. He
recommended Robert Verhey be appointed to the Commission; how-
ever, Bass requested Council receive .a written evaluation of
each applicant interviewed prior to final appointment. There-
fore, this matter was continued to the July 24 regular Council
meeting.
V. CITY COUNCIL,. COMMISSION, ~ND COMMITTEE REPORTS
3. P.G.& E. SERVICE CONTINUITY LINE (Oral Report by Council of
Field Trip)
Mayor Edelstein briefly outlined the past history and basis for th,
City's previous action to issue a Stop Work Order on the instal-
lation of P.G.& E. 's service continuity line along the Multi-
Use Path. The purpose of the continuity line is to provide ade-
quate service during times of overload and storms on the Peninsula
Mayor Edelstein then noted the walk by Council and several resi-
dents of the site for the proposed service line route by P.G.& E
Essentially, P.G.& E. is proposing installation of a third wire
from the Convalescent Hospital on Hacienda Drive to the end of
Hacienda Drive; and undergrounding from the end pole on Hacienda
Drive to the end pole on Rock Hill Road. No change is proposed
from the end of Rock Hill Road to Tiburon Boulevard, and at that
intersection, the underground wires will join those along the
bike path on the water side. He noted that several of the home-
owners present at the walk had indicated an interest in establish-
ing an undergrounding district along Hacienda Drive.
Hanson questioned the cost effectiveness of P.G.& E. 's proposal
to install the third smaller wire at this time as an interim
solution, and then install a larger wire approximately five years
later. Mr. Richard Conrad, P.G.& E. representative, pointed
out that installation of the larger wire at this time would
necessitate changing the other two wires to the larger wire also,
and the smaller wire would adequately serve as a backup for approx-
imately five more years. Mr. Conrad stated that if the homeowner
associations determine they wish to have Hacienda Drive establishe(
as an undergrounding district, P.G.& E. would install the larger
capacity line underground at the appropriate time; meanwhile,
installation of the third smaller wire would not penalize the
homeowners and would supply adequate backup service to the com-
munity. He stated the costs for installing the smaller temporary
wire are minimal compared to the benefits. Mr. Conrad assured
Council that P.G.& E. would be responsible should any damage
occur to the Multi-use Path during maintenance of the conduits.
It was Council's decision to continue this matter to July 24th
regular meeting and directed Staff to include in the staff report
the past history of the project and why the stop Work Order was
issued, whether the homeowner associations should consider
establishment of an undergrounding district, and recommendat.ions
as to whether Council should authorize P.G.& E. to proceed with
the project.
(B) Bergsund reported on the COllnty Public Hearing for the Paradise
Cove development this date and noted that Neill Smith, present
owner of the property, has verbally cancelled the option to sell
the property, and when the cancellation is received by the dev-
elopers in written form the County will determine whether to pro,
ceed with the master plan and/or EIR hearings.
(C) Edelstein noted this was the last Council meeting at this location,
and effective July 17th, all City meetings will be held at Reed
School Room No. 9 due to the relocation of City Hall at the old
Reed Union School District offices.
CITY COUNCIL MINUTES NO. 473
lJuly 10,1978
Paqe 2
VI. PUBLIC QUESTIONS AND COMMENTS
(A) Al Aramburu, on behalf of the rriburon/Marin Music Association,
reported upcoming events sponsored by the Association. He noted
the Association is currently discussing possible consolidation
with the Opera Company, another peninsula musical/theatrical
organization. He invited Council and the community to a free
musicale on Sunday, July 16, 6:30 p.m., at the Reedland Woods
School, the purpose being to acquaint the community with the
efforts and activities of the Association.
VII. CONSENT CALENDAR
MOTION: To adopt the Consent Calendar consisting of the following
items:
Moved:
Vote:
VIII. PUBLIC HEARINGS
4. ENCROACHMEN'r PERMI'T FOR P.G.& E. (Replacing Gas Facil-
ities - Upper Round Hill Road)
5. SECTION 230 CAPITAL IMPROVEMENTS PROJECT (City Approval
of Program Supplements - Resolution No. 1001)
Rockey, Seconded by Bass
Unanimous
6. WILKENS COURT MASTER PLAN (Ordinance - 2nd Reading) FILE NO: 47802
It was staff's reco~nendations that Council pass second reading
of the proposed ordinance which approves the master plan for the
proposed development and adopts the draft resolution approving the
parcel map.
The public hearing was declared open; and upon hearing no public
comment, the public hearing was declared closed.
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
To read the Ordinance by title only.
Bass, Seconded by Rockey
Unanimous
To adopt Ordinance No. 198 N.S., AN ORDINANCE OF THE
CITY OF TIBURON ]\PPROVING THE MASTER PLAN FOR 'rHE DEV-
ELOPMENT OF ASSESSOR'S PARCEL 39-070-03 (WILKENS COURT).
Bergsund, Seconded by Rockey
Unanimous
Mayor Edelstein pointed out that all the conditions outlined 1n
the Ordinance must be met prior to parcel map recordation.
M011ION:
Moved:
Vote:
IX. OLD BUSINESS
To adopt Resolution No. 1002, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TIBURON APPROVING THE TENTATIVE
PARCEL MAP FOR MASTER PLAN LOCATED AT ASSESSOR'S PARCEL
39-070-03 (WILKENS COURT) .
Rockey, Seconded by Bergsund
Unanimous
13. TIBURON BOULEVARD UNDERGROUNDING OF UTILITIES (Review of P.G.& E.
Cost Estimate) FILE NO: 4500
Staff noted that the Council had previously requested P.G.& E. to
allow the Ci ty to considc~r preparinq the bid documents and award--
ing the contract for the trenching to a private contractor in
anticipation of reduced project costs.
rrhe Ci ty EnS)ineer reconuncnded Council author ize P. G. & E. to pro-
ceed with the total project, including trenching, because Rule
20A monies will not cover engineering fees and P.G.& E. will not
reimburse the City for trenching costs over and above the previous-
ly estimated $29,747. lIe pointed out that construc"tion costs have
risen 30 percent since the original estimate was made by P.G.&E.
MO'TION:
Moved:
Vote:
To authorize P.G.& E. to proceed with the total project
including trenching.
Bass, Seconded by Rockey
Unanimous
CITY COUNCIL MINUTES NO. 473
July 10, 1978
Page 3
Mr. Conrad, of P.G.& E., stated a second public hearing must be
held to set a date for the undergrounding and rewiring by
individual homeowners to accept the undergrounding. Then Council
must adopt a resolution which authorizes the removal of the poles.
7. BEVERAGE CON'rAINER DEPOSIT ORDINANCE (Amendment to Effective Date
Ordinance - 2nd Reading) FILE NO: 1040.1
Staff recommended Council adopt the draft Ordinance which amends
Ordinance No. 183 N.S. by changing the implementation date from
July I, 1978, to January I, 1979.
MOTION:
Moved:
Vote:
To read the Ordinance by title only.
Bass, Seconded by Rockey
Unanimous
MOTION:
Moved:
Vote:
To adopt Ordinance No. 199 N.S., AN ORDINANCE OF THE
CITY OF TIBURON AMENDING SECTION 7 (CHANGING EFFECTIVE
DATE) OF OHDINANCE NO. 183 N.S. (REGULATING THE SALE OF
BEVERAGE CONTAINERS).
Bass, Seconded by Hanson
Unanimous
8. 'THA.NSIEN'T OCCUPANCY TAX (Ordinance - Second Reading) FILE NO: 20]6
Staff recommended Council pass second readinSJ of the draft
ordinance which amends Ordinance No. 150 N.S. by deleting the
provision requiring one-sixth of the money collected by the
Transient Occupancy Tax be used for cultural and related
artistic purposes, thereby requiring the Fine Art.s Commission to
operate totally on a user fee concept.
MOTION:
Moved:
Vote:
To read the Ordinance by title only.
Bass, Seconded by Hanson
Unanimous
Council noted receipt of a memorandum from Muffin Nelson, Chair-
man of the Fine Arts Commission, indicating the Commission's
support of this funding decision. It was pointed out that the
current funds the Commission has saved are now vit.al in support-
ing Commission activities.
Ro~key noted a suit pending in San Francisco which precludes the
City of San Francisco from taking the hotel transient occupancy
tax money and diverting it to the general fund. lIe stated it.
appears there might be requirements or restrictions in the State
Code regarding this particular tax, and requested the City
Attorney advise Council regarding this matter at the next regular
Council meeting of July 24, 1978. Therefore, Council continued
second reading of the Ordinance to July 24th to allow time for
clarification regarding this matter by the City Attorney.
9. COMMISSION AND BOARD TERMS OF APPOINTMENT (Ordinance - 1st
Reading) FILE NO: 1054
Staff distributed to Council a resolution submitted by the City
Attorney which would tack short-term appoint.ments of Commissioners
and Board members to succeeding terms. Mayor Edelstein stated the
submitted resolution did not accurately reflect t.he intentions of
Council's request that appointmt:~nts to Boards and Commissions
be for a term of four years, whether or not the appointee is replac-
ing a member whose term has not expired; and that terms of mem-
bers, which would otherwise expire within four months before or
after an election for City Council, should expire 30 days follow-
ing said election.
Therefore, this item was continued to July 24th to allow time
for the City Attorney and Mayor to meet to work out the appro-
priate ordinance.
10.
MCKEGNEY GREEN RESTROOMS
tions)
(Parks & Recreation Commission Recommenda-
FILE NO: 3053
The Parks & Recreation Supervisor reported that the Parks &
Hecreation Commission had again considered the merits of having
restrooms at McKegney Green, and had reviewed the restroom archi-
CITY COUNCIL MINUTES NO. 473
July 10, 1978
Paqe 4
teet's findings. He noted -chat. the Commission had voted to
recommend restroom site #3, as proposed by Omi Lange Associates,
be selected as the best site for restrooms; and that restrooms
in the McKegney Green area are still identified as a needed fac-
ility. The Supervisor stated that. the Commission did consider
the fact that site #3 would probably require more funds than
are presently available, and in view of the emergency situation
along the shoreline Multi-Use Path, priorities should perhaps
be reassigned and the architect directed to submit cost esti-
mates for installation of the restrooms at site #3 at this time.
Therefore, staff recommended Council authorize the Multi-Use
Path widening project to proceed, including the installation of
the restrooms utilities. It was further recommended that the
funds earmarked for construction of restrooms at McKegney Green,
which are not used to install the utilities, be diverted to aid
in the restoration of the shoreline along the Multi-Use Path.
Lengthy discussion ensued regarding the merits of site #3 in
terms of visibility and accessibility from Tiburon Boulevard.
It was Council's determinatioJl that restrooms were not a press-
ing need at this time and repair of the Multi-Use Path should
take priority.
Moved:
Vote:
To authorize the Multi-Use Path widening contractor to
proceed with the project without installation of the
utilities and that the appropriate change work order
be issued. Further, that the Parks & Recreation Com-
mission be directed to reorder their priority list in
the Capital Improvement budget and consider deferring
restroom considerations in favor of Multi-Use Path repair.
Rockey, Seconded by Bass
Unanimous
MO'I'ION:
After further discussion of t.he need for restrooms at all in this
area, the following motion was proposed:
Mo'rION:
Moved:
Vote:
To delete all restroom considerations at McKegney Green
for the present time.
Hanson, Seconded by Bass
Unanimous
.The City Engineer was directed to attend the next regular Parks &
Recreation Commission meeting to assist the Commission in their
Capital Improvements priority list re-evaluation.
11.
STONE TOWER OPEN SPACE EASEMENT
FILE NO: 1041
At the request of Mr. James Murad, Attorney representing Dr. and
Mrs. Caceres, property owners of the Stone Tower, this item was
continued to the July 24, 1978, regular Council meeting due to
the absence of several of the staff members.
14. SHORELINE EROSION NEAR ELEPHANT ROCK (City Engineer's Recom-
mendations)
11he Ci ty Engi neer recommended the Ci ty not engage in protective
work of the shoreline at this time as the pavement and unpaved
path is not undermined, ollly that area located on private property.
However, he recommended that the property owner be informed of
the erosion and advised to protect his property since continued
erosion could endanger the path or street. Therefore, Council
directed the City Manager to forward a letter, upon review and
approval of the City Attorney, advising the waterfront property
owners of the shoreline erosion and recommending they take cor-
rective measures. Council also requested the City Attorney report
to Council regarding legal measures the City might take to cor-
rect this problem.
12. PARADISE DRIVE STREErr LICH'1'rN(~ (f'.1ain Street to Mar West
FILE NO: 6201
The Chief of Police, on behalf of the Traffic Safety Committee,
recommended P.G.& E. be contacted to provide a cost analysis and
engineering for the installation of street lights on Paradise
Drive between Main Street Qnd Mar West. Council so directed
staff, with the stipulations that the lights be shielded and of
CITY COUNCIL MINUTES NO. 473
.July 10,1978
Page 5
low intensity, that P.G.& E. include the monthly electrical
costs for the lights, and that a sample light be installed to
determine its glare impacts. P.G.& E. 's report will be reviewed
at the August 14th Council meeting.
15. JOINT BELVEDERE/TIBURON PARKS AND RECREATION COMMITTEE (Proposed
Expansion of Membership) FILE NO: 6201
'1'he Parks & Recreation Supervisor recommended Council approve the
Belvedere/Tiburon Joint Recreation Conunittee Resolution No. 78-2,
subject to the approval of the City Attorney, which amends the
Joint Powers Agreement by providing for two more members to be
appointed by the City Councils of Tiburon and Belvedere. This
increased membership is recommended due to the Committee's
desire to include broader community representation, increase
resources of the Committee, and be better equipped to perform.
M0'11ION:
Moved:
Vote:
To approve the Belvedere/Tiburon Joint Recreation Committ~
Resolution No. 78-2 recommending expansion of the Commit-
tee to seven members, subject to review and approval
by the City Attorney.
Rockey, Seconded by Hanson
Unanimous
Bergsund questioned the status of the Committee's consideration
of a joint maintenance program for the cities of Belvedere and
Tiburon. The Parks & Recreation Supervisor responded that the
Cormnittee will take this matter under consideration at their
July 12 meeting; whereby the Mayor requested the Public Works
Superintendents from both Tiburon and Belvedere attend this
meeting.
XI. STAFF REPORTS, COMMUNICATIONS, AND CITY MANAGER ITEMS
16. MONTHLY CITY FINANCIAL STATEMENTS (May and June)
Accepted by Council with no discussion.
17. CORRESPONDENCE FROM CITY OF SAUSALITO (Requesting Council Support)
It was Council's determination that it was inappropriate for them
to take action or support Sausalito's letter to the Governor
and legislators regarding a recommended action plan to ensure
continued public health, safety and fiscal responsibility for
all governments and State agencies in California.
A. Mayor Edelstein suggested the Council meeting of August 28th
be cancelled due to vacations by various staff and Council mem-
bers. Council concurred.
B. Mayor Edelstein noted that the staking of the Kahn property would
be available for viewing on July 15th and suggested Council meet
at the site at 10:30 a.m. that day. Sketches of the site prepared
by the project engineer will be available, and the appropriate
homeowners are to be notified.
XII. EXECUTIVE SESSION
None
XIII. ADJOURNMENT
There being no further business, Council adjourned the meeting at
10:45 p.m., Monday, July 10, 1978, sine die.
~ [~,,~~~
HAL EDELSTEIN, Mayor
City of Tiburon
AT~~~
R. L. KLEINERT, City Manager/Clerk
CITY COUNCIL MINUTES NO. 473
July 10, 1978
Page 6
~UK1ili~'!'~D
crry COUNCIL
CITY OF 'rlBUHON
CALL TO OHDER
The regular meeting of the City council of the City of Tiburon was
called to order at 7:35 p.m., Monday, July 24, 1978, by Mayor Edelstein
in the City Council Chambers, Heed School, 'riburon, California.
I. ROLL CALL
COUNCILMEN:
pn.ESENT:
ABSEN'I' :
Mayor Edelstein, Bass, Hanson, Hockey
Berqsund
EX OFFICIO: R. L. Kleinert, City Manager; G. Ragghianti,
Deputy City Attorney; S. Bala, City Engineer;
L. Brunini, Superintendent of Public 'Norks;
J. Bailey, Chief of Police; B. Hanna, Director
of Community Development; C. Kearney, tvlinutes
Clerk
II. APPROVAL OF MINUTES
#471 - MCyrION:
Moved:
Vote:
Absent:
To approve Minutes No. 471 without revision.
Bass, Seconded by Rockey
Unanimous
Bergsund
#473 - Continued to August 14th regular meeting.
II. CITY COUNCIL, COMMISSION, & COMMITTE~ REPORTS
A. Hanson reported that he had been contacted by the President
of the Reedlands Homeowners Association regarding the County's
reconsideration of the Highlands development. He noted the
negative impacts this development would have upon the City of
Tiburon and stated concern ill that the City had net been
notified by the County Planning Department regarding reconsidera-
tion of this project. Mr. Stone Coxhea.d, on behalf of the Reed-
land Homeowners Association, the Tiburon Hills Homeowners Assoc-
iation, and t,he Reedland ~\1oods Homeowners Associati.on, submitted
a letter requesting the City actively monitor the processing of
this development. Mayor Edelstein directed the Ci.ty Manager to
forward a letter to the County Planning Director indicating the
City's concern in not being properly noticed of this development
reconsideration; and requested the City Attorney to research
the ramifications of a similar case currently pending before the
Supreme Court (McFarland vs. City of Los Angeles).
B. The Ci ty Manager reported on the meetin9 of ,July 18th wi th Ci ty
and Pacific Telephone representatives regarding the possibility
of the 'l'elephone Company purchd sing a portion of Ci ty property
to construct a new facility for improved telephone service on the
Peninsula. Pacific 'TelephcJne will he reporting back to t.he City
with proposals and options after an on-site review of the property.
C. Rockey commended the TIlany rriburon rc~sidents who dona.ted their time
last weekend to help clean up and repair the Belveron Mini Park.
He noted that this activity is also scheduled for the next two
weekends to help maintain the park on a volunteer basis.
IV. APPOINTMENTS TO BOARDS AND COMMISSIONS
Mayor Edelstein noted tha t Coune} 1 had rcce i VE:'C1 the Counc i1 Screen i.ng
Committee IS recommendat~i.()ns reqarding appointment. to the vacancy on
the Parks & Recreation CommissicHl, and dCJain recorrunendecl Eobert Verhey
be appointed to the position.
MOTION:
Moved:
Vote:
Absent:
To appoint H.obert Verhey to the Parks & Eecreat.ion Commission.
Bass, Seconded b:y P.ockey
Unanimo us
Bergsund
V . PUBL I(~ QUESTIO~S_~J2._.. CO~~~!'J'I~~~
1 . TIBUnON PENINSULA FOUNDI\'r T ON (S tOIH' 'l'C)\vE'r Con t r i bu tion)
Sylvia Ross, President of the Tiburon Peninsula Foundation,
July 24, 1978
CITY COUNCTL MINUTES NO. 474
1-::);-j (1 {o. '1
presented the City with a check in the amount of $1000 towards
the S ton e Towe r Pre ~) e r vat ion f 1], nd . F 0 u n da t ion Me mbe r J' 0 h n Ho f f -
mire noted that the Foundation provides a tax shelter to those
who wish to donate tOWel J-ds the Foundation.
VI. CONSENT CALENDAR
Item 5 was removed from the Consent Calendar for further discussion
and clarification, and Item 18 was moved to the Consen.t Calendar for
approval without discllssion.
MOT'ION: To approve the Consent Calendar as amended consisting of the
following items:
2. MULTI-USE PATH WIDENING - STAGE II (Increased Project
Costs & Authorization t.O Proc::eed)
3. rrEN1:'ATIVE MAP - t-ll\XINE COPLIN (Two Uni ts '- 2042 & 2044
Paradise Drive - Resolution No. 1003)
4. TENTATIVE fv1l\P -- DO~Jl\LD HAM (Condominium Conversion - 1461,
63, & 65 Vislazo West - Resolution No. 1004)
18. 'rI{AFFIC Sl\FI'~TY COrvlMT'J''1'EE H.EPORT & RECOMI'-1ENDATIONS
Moved:
Vote:
Absent:
Bass, Seconded lJY Hanson
Unanimous
Bergsund
VII. PUBLIC HEARINGS
6. Kl\HN MASTER PLAN (Ordinance - 2nd Reading)
FILE NO: 47708
The Director of Community Development noted his opinion that the
proposed access road is inadequat.e for the four dwelling units and
reconmlended three dwellings as a maximum. However, since he has
only been in the employ of the City since July 12th, and since
the matter had been thorougllly reviewed by the Planning Commission,
he recommended Council approve the master plan by passing second
reading of the Ordinance.
Council discussed in depth condition #3 of the Ordinance requiring
the proposed access roadway be of such width and improved to such
standards as may be directed by the City Engineer, afterwhich the
roadway shall be offered for dedication to the City. The Director
pdinted out that the entire roadway cannot be dedicated to the
City without the consent of the other homeowners served by the
roadway.
The Public Hearing was declared open.
Mr. Ralph Wertheimer, a resident near the proposed development,
stated that the neighborhood residents recently met and formed tl
North Tiburon Property Owners Association. They passed a resolu-
tion requesting alternate access be investigated and density
limited to two units prior to approval.
Mr. Howard Rowbottom, one of the residents served by the roadway,
stated Mr. Kahn's proposc(l plan does not resolve drainage problems,
the access problems, or the traffic problems on this narrow road.
Mr. Fred Manley, another resident served by the roadway, pointed
out that at the thrust of the hill, the roadway would be narrowed
to less than 15 feet for a distance of 45 feet which would consti-
tute a very hazardous condition at the proposed density. He urged
that the vroposed density be reduced.
Mrs. Polly Smith, a resident of the area, referred to a letter from
Dietrich Stroeh of MMWD regarding the water pressure problem exist.-
ing in the Taylor Tract area. She claimed that each additional
development would further diminish the water pressure of those
homes presently located in the vicinity. She also felt Paradise
Drive could not adequately provide safe access with the proposed
additional development and requested another access road be pro-
vided and the density reduced. She also suggested Council make
all approvals continqent upon upgraded water systems.
The City Engineer advised that water and utility considerations
will be made at the precise planning stage and the respective
utility companies will be required to submit letters certifying
t 11 e uti lit i (~S .
.1111 v ? .1 1 Q 7 ~
Mr. Kahn, the developer, stated he would comply with the City
Engineer, tile Fire District, and MMWD requirements in bring the
roadway and utilities up to specifications. He again asked that
Council approve his mater plan for the development.
The public hearing was declared closed.
Bass expressed his opinion that the proposed development density
was excessive for the access road, and stated that several of the
Planning Conunissioners had expressed concern in this regard when
it was before them. He felt the matter should again be considered
by the Planning Commission.
Rockey pointed out that the applicant had submitted the development
in compliance with the City's requiremcllts in terms of zoning, etc.;
and if the zoning ordinance is in need of amendment, it should not
be done on an individual development basis. lIe felt the applicatior
had been adequately reviewed by the City.
Mo'r ION:
Moved:
Vote:
That the proposed development not be approved and that it
be returned to the PlanninCJ Commission with the recommenda-
tion that other access alternatives be investigated and
no more than two units be allowed.
Bass, Seconded by Hanson
Ayes: Bass, Hanson, Edelstein
Noes: Rockey
Absent: Bergsund
RECESS
Recess was called at 9:06 p.m., with Council reconvening at 9:20 p.m.,
roll call as originally noted.
7. APPEAL OF BOARD OF ADJUSTMENTS & HEVIEW (310 BlackfieldHoad -
Single Family Residence) FILE NO: 77810
The Zoning Administrator outlined the past events leading to the
appeal by five residents and rc'conmlended the City Council uphold
the final decision of the Board of Adjustments and Review to
approve the single story residence.
Mr. Morrison, the applicant, stated he had complied with and
resolved all the concerns of the BOl\R and there is no violation of
any of the recorded deed restrictions. He also pointed out that
none of the appellants were present at this meeting.
Mayor Edelstein noted that he had been contacted by Mrs. Jeffrey,
one of the appellants, requesting this matter be continued because
they would be out of town this date.
Staff pointed out that City Code requires an appeal to be heard
within 10 days after the filing date. IIowever, Council determined
that the appellants had been given the impression that the matter
would be continued to the August 14th regular meeting.
MOTION:
Moved:
Vote:
To continue this item to the next regular City Council
meeting of August 14, 1978.
Rockey, Seconded by Bass
Ayes: Bass, Rockey, Edelstein
Noes: Hanson
Absent: Bergsund
VIII. OLD BUSINESS
11. STONE TOWER OPEN SPACE EASEMENT (2032 Paradise Drive)
FILE NO: 1041
'The Ci ty Hanager present.ed this item and stated the property
owner, Dr. Caceres, is requesting the City to conform the open
space easement boundaries, previously dedicated to the City in
February 1977, with the lot lines of the recorded assessor's parcel
map.
Mr. Murad, attorney for the property owner, stated that after
granting the Open Space Easement ill February, 1977, a parcel
map was recorded and it was found to be of different configuration
than delineated by the metes and bounds description. Therefore,
CITY COUNCIL MINUTES NO. 4'4
July 24, 1978
Page 3
the property owner is requestlnq the overlclEJpins.-r boundary lines
be clarifi(~d by amendment to the original Agreement and Deed of
Open Space Easement in Perpetuity. Also, the triangle located in
the northeast corner of the property would be changed to includE.~ th
retaining wall of the tower in exchange for the adjustment. This
adjustment would include the existing stairway in the northwest
corner in the adjacent parcel. Therefore, the property owner
would be liable for the stairway.
Heritage Commission Chairman Marans expressed fear regarding the
possilJility of a variance being granted by the City to allow
development up to tl1e proposed lot line adjustments in the future,
and urged the Council to deny this request. She also pointed out
that if Council were to approve this amendment, the historic
description would have to be rewritten and filed in the historic
register in Washington, D.C. aIld San Francisco.
Council directed this matter be continued to the September 6th
regular meeting of t~he Ci ty Council to allow t.ime for review by
the Heritaqe Commission, and to allow time for the City Attorney
to investigate legal problems with regard to the stairway liabili.ty
historic designation, and status of the triangle.
X. STAFF REPOR1'S. COMMUNICATIONS. AND CITY MANAGER rrrEMS
(A) The City Manager noted a letter received from Jeremy Littman
in which he is offering for dedication to the City the road being
constructed to his property together with the right-of-way for
such road. rrhe Ci ty Engineer has recommended the Ci ty not accept-
the dedication and the road remain private. It was noted the of
for dedication will remain in perpetuity. Mr. Littman stated
that if the City declines the offer, it will then be shown on
record to any future property owner that the road is privately
maintained and therefore the property owner must enter into a main-
tenance agreement for the road.
MOTION:
That the City decline the offer for dedication of the
above mentioned road at this time.
Hanson, Seconded by Bass
Unanimous
Bergsund
Moved:
Vote:
Absent:
12. P.'G.& E. SEHVICE CONTINUI1'Y LINE (Project Review & Recommendations)
FILE NO: 4500
The City Manager outlined the past history of the proposed service
continuity line within the City of Tiburon and the reasons for
the City's past action to issue a Stop Work Order on the project.
It was Staff's recommendation that Council consider authorizatio
of the installation of the new service continuity line and dis-
missal of the suit against P.G.& E. based upon the following
conditions:
1. That each Homeowner Association affected by this new feeder
line be contacted concerning Council's proposed action and that
p.G.& E. discuss with each Association the possibility of under-
grounding lltilities in their respective areas in conjunction with
the new installation.
2. That a final, detailed installation or engineering plan with
location and material specifications be sllbmitted to the City for
final consideration.
3. That p.G.& E. and the City agree upon P.G.& E. 's future
participation in the Multi-use Path maintenance and/or repair in
those areas where the underground duct is located.
4. That the Planning Commission be afforded an opportunity to
review the proposed service continuity line project and location
plan, and perhaps conduct a public hearing in that regard.
preliminary
Mayor Eelel stein sugqested tha t P. G. & E. prepare /emj;n~€.o-);.i:R~-(*H€l
cost estimates for rev il~W by the J[orneOv.lners ^ssociat.ions for the
formation of an undergrounding assessment district and a brief
description of how such a district would operate. He also sug-
gested P.G.& E. review the homeowners' boundaries with Staff.
(' T rp V r () T 11\ 1 ("' T T 1\,1 T 1\ TT 1110 r:' ('~ ... T "
LTuly 24,1978
Mr. Richard Conrad, of P.G.& E., stated P.G.& E. would be willing
to meet with the Homeowners Associations and pointed out that it
would not be necessary for them to form an assessment district
if each property owner was willing to fund the project in front
of their respective lots. IIe stated it would be less costly to
not form an assessment district. As far as condition #3 of
Staff's recommendations, Mr. Conrad assurecl Council P.G.& E. would
adequately repair and maintain those areas where the underground
ducts are located.
MOTION:
That the City suit a<jainst P.G.& E. be dismissed and that
P.G.& E. be authorized to install the new service contin-
uity line subject to the following conditions:
1. That each Homeowners Associatiol1 affected by this
new feeder line be contacted concerning Council's pro-
posed action and that P.G.& E. discuss with each
Association the possibility of undergrounding utilities
in their respective areas in conjunction with the new
installation.
2. That a final, detailed installation or engineering
plan with locatioll and material specifications be sub-
mitted to the City Planning Commission to review the
proposed service continuity line project and location
plan, and conduct a public hearing i_n that regard.
3. That P.G.& E. and the City agree upon P.G.& E. 's future
participation in the Multi-Use Path maintenance and/or
repair in those areas where the underground duct is
located.
4. That P.G.& E. comply with all CEQA requirements
for this project.
Moved:
Rockey, Seconded by Bass
The Deputy City Attorney suggested the following amendment be
made to the above motion:
That prior to dismissal of the suit, the injunction
which is currently in effect be delayed until the
City and P.G.& E. are satisfied that the above condi-
tions have been complied with by P.G.& E.
The Mover and Seconder accepted the above amendment.
Discussion ensued regarding the CEQA requirements for this pro-
ject; and it was pointed out that P.G.& E. does not acknowledge
that such requirements exist for this project and tIlis is
what the lawsuit revolves around. Mr. Conrad stated P.G.& E.
would agree to all conditions except that regarding compliance
to CEQA requirements.
Ivlove d :
Vote:
Absent:
SUBSTITUTE MOTION: That the possibility of a resolution of the
City's suit against. P. G. & E. be explored through dis-
cussion of the four recommendations as shown in the Staff
report; and in addition, when condition 4 is affected, i.e.
the Planning Conunission afforded an opportunity to review
the proposed project as a whole, then and at that time
the Planning Commission sha 11 make determi.na tions as it
deems appropriate regardin(j the applicability of this
project to CEQA.
Rockey, Seconded by Bass
Unanimous
Bergsund
8. STREET FRONTAGE IMPROVEMENTS (Policy Regarding Sidewalks, Curbs,
and Gutters - Ordinance, 1st Readillg) FILE NO: 4104
'rhe City Manager presented this item and recommended Council
approve first reading of the proposed Ordinance which would require
developers to guarantee, in the form of a bond or deposit, the
installation and maintenancE; of frontage improvements; i.e.
curbs, gutters, sidewalks, and other frontage improvements at their
cost.
CITY COUNCIL MINUTES NO. 474
~Tuly 24, 1978
Page 5
MOTION:
Moved:
Vote:
Absent:
To read the Ordinance by title only.
Pockey, Seconded by Bass
Unanimous
Bergsund
Council questioned whether it was necessary to include in the
Ordinance those sections of the Municipal Code which are not
actually being amended. Mayor Edelstein suggested Council approve
first reading of the Ordinance from (7) Section l405(c) on and
request Staff to review the rest of the Ordinance and determine
whether a conflict exists with the recently adopted Ordinance
which adopts the Building Code amendments.
MOTION:
Moved:
Vot.e:
Absent:
To pass first reading of the Ordinance from Section (7)
through Section (8).
Rockey, Seconded by Bass
Unanimous
Bergsund
9. COMMISSION & BOARD TERMS OF APPOINTMENT (Ordinance - 1st Reading)
FILE NO: 1054
'.rhe City Manager recommended Council pass first reading of the
proposed Ordinance which provides for appointments to Boards and
Commissions to be for a term of four years, regardless of whether
or not the appointee is replacing a member whose term has not
expired; and those terms of members which would otherwise expire
within four montlls before or after an election for City Council,
shall expire 30 days fallowing said election. This new procedure
will eliminate the necessity of future reappointments by Council
to Commissions and Boards.
MOTION:
Moved:
Vote:
Absent:
MOTION:
Moved:
Vote:
Absent:
To read the Ordinance by title only.
Rockey, Seconded by Bass
Unanimous
Bergsund
To pass first reading of AN ORDINANCE OF THE CITY OF
TIBURON REVISING TERMS OF MEMBERS OF CITY COMMISSIONS
AND BOARDS.
Rockey, Seconded by Hanson
Unanimous
Bergsund
10. FINE AH'rS COMMISSION FUNDING (Ordinance - 2nd Reading) FILE NO: 2036
The City Manager recoMnended Council pass second reading of the
proposed Ordinance which amends Ordinance No. 150 N.S. by deleting
tile provision that one-sixth of the Transient Occupancy Tax funds
be utilized for cultural and artistic purposes. He also noted
Council's previous concern regarding possible legal ramifications
regarding this redirection of funds to the General Fund and stated
the City Attorney has reviewed the matter and has indicated that
no legal restraints exist ill this regard.
MorrION:
Moved:
Vote:
Absent:
To read the Ordinance by title only.
Bass, Seconded by Rockey
Unanimous
Bergsund
Rockey questioned the necessity of adopting this Ordinance when
Ordinance No. 150 N.S. provides that it is within the purview of
-the Council to redirect these funds. However, it was recommended
by the City Attorney that Section 7-18 specifically be repealed
to avoid any future confusion which may arise.
MOTION:
Moved:
Vote:
Absent:
IX. NEW BUSINESS
To pass second readinS of Ordinance No~ 200 N.S., AN
ORDINANCE OF THE CITY OF TIBURON REPEALING SECTION 7-18
OF THE TIBURON MUNICIPAL CODE (WHICH PROVIDES FOR DISTRI-
BUTION OF TAX FOR CULTURAL PURPOSES)
Bass, Seconded by Edelstein
Unanimous
Bergsund
crrry COUNCIL IvlTNrJrpF:S N(,) L17L1
.T111 v ?4, 1978
T"'\.___. r
13.
LAGOON ROAD PAHK rrENNIS COUE'l'S
Me n t )
(Approval of Joint Powers Agree-
FILE NO: 3061
The Deputy City Attorney alld Clty Council discussed and proposed
the following amendments Lo the rlr~rt ~oint Powers Agreement
dated July 19, 1978:
Page 1, after the third Whereas, add ".. .and to enter into a
Joint Powers Agreement for construction of said courts; and"
Page 3, line 4, insert a period after "Committee" and insert
the following sentence: "If more than $20,000 is raised by the
two cities and advanced to the fiscal agent for the tennis
courts, the excess may first be applied to any approved addi-
tions in the following order or priorities (windscreens,
landscaping or paving for parking lot) and then reduce the
$18,000 to be paid by each city hereto in equal amounts. Any
addition to the $51,500 base bid due to unavoidable changes,
and approved in writing by city engineers of Belvedere and
Tiburon, shall be shared equally be each city."
Page 3, paragraph IV, line 2, delete the remainder of the
sentence after "courts" and insert the following: "provided,
however, both cities shall have equal responsibility for pay-
ing and advancing the moneys for costs of construction of said
courts. II
Page 3, paragraph Vis changed to read: lIrrhe Del Mar courts
and Lagoon Road Park courts, when constructed, shall be
placed under the control of the Belvedere/Tiburon Joint
Hecreation Committee, or such other committee(s) as may be
designated from time to time by both cities. All costs in
connection with liability and liability insurance on Lagoon
Hoad Park courts shall remain the sole responsibility of Bel-
vedere and on Del Mar courts, the responsibility of Tiburon."
Page 3, paragraph VI, line 5, add the following after "resi-
dents of Belvedere,": "and -that Belvedere residents shall be
entitled to use of the Del Mar courts on the same basis as
residents of Tiburon."
The Deputy City Attorney noted that a concern of the city Attorney'~
was that paragraph VII provide a provision for unilateral right
of each city to withdraw from the agreement. However, it was
Council's decision that the wording remain requiring the majority
of the full Councils of each city to agree upon a termination or
amendment of the agreement.
Moved:
Vote:
Absent:
That the Agreement be approved as amended above, and the
Mayor be authorized to execllte said agreement.
Bass, Seconded by Rockey
Unanimous
Bergsund
MOTION:
14. BELVEDEHE/rI'IBURON JOINT Ml\INTENANCE PHOGR1\M (.Joint Parks &
Hecrea tion Conuni t tee Reconunenda tions) FI LE NO: 6201
Council requested more detailed information regarding this item
and that it be continued to the August 14th regular meeting.
15. DOG LICENSING (Refer Actual Licensing to County of Marin)
Due to the late hour, Council requested this item be continued
to the August 14th regular meeting.
17. DEL MAR RECHEA'1'IONAL COf-.1PLEX COMMITTEE HEPOH'I' (Rev iew lY~l Parks &
Recrea tion Commiss ion) FILE NO: 1070
'11hi8 item was also continued to Augnst 14th due t.O the late hour.
16. 1978-79 MUNICIPAL BUDGE'I' (Final Adoption)
The City Manager outlined the proposed budget including those
modifications as proposed by Council and Staff as a result of the
budgetary impacts of Proposition 13. rrhe total 1978.-79 budget
appropriation is $1,309,800 with a total of $961,100 for the
Operating Departments, $238,700 for capital Improvements, and
$110,000 for Open Space Acquisi t.ion. He noted it is still
CITY COUNCIL MINUTES NO. 474
.July 24, 1978
D-:::>rrc> 7
unknown what the City will be receiving from the state surplus.
The State Treasurer has indicated a maximum of $85,000 available
to the City of Tiburon.
MOTION:
To adopt Resolution No. 1005, A RESOLUTION OF T'HE CITY
COUNCIL OF THE CITY OF TIBURON ADOPTING THE MUNICIPAL
BUDGET FOR FISCAL YEAR 1978-79.
Bass, Seconded by Hanson
Unanimous
Bergsund
Moved:
Vote:
Absent:
5. DRIVEWAY APPROACH (2028 Paradise Drive)
FILE NO: 4203
Bass requested this item be removed from the Consent Calendar
because of lack of sufficient information in the staff report.
The Superintendent of Public Works stated the applicant is
requesting an encroachment permit over City right-of-way for a
driveway approach. In the future, Council requested encroach-
ment permits not be put on the agenda, but handled at the discre-
tion of staff, unless a matter of particular controversy should
arise concerning an encroachment application.
MOTION:
To approve the encroachment permit for 2028 Paradise
Drive.
Bass, Seconded by Hanson
Unanimous
Bergsund
Moved:
Vote:
Absent:
x. ?TAF~{EPqRTS, COMMUNICATIO~~_~ND_CITY MANAGER ITEMS
A. Council noted receipt of Councilman Bergsund's memorandum regard-
ing ongoing matters of City business, including a request for
clarification of Council's instructions to the Planning Conunission
regarding the Tiburon School Conversion. Council requested t-he
Conilllission receive copies of Minutes No. 471 which clearly outline
Council's action in this regard.
XI. EXECUTIVE SESSION
Council adjourned to Executive Session at 1:05 a.m., to discuss cur-
rent and pending litigation.
XII. ADJOURNMENT
There being no further business, Council adjourned at 1:45 a.m.,
Tuesday, July 25, 1978, sine die.
,II ~~X~-
~DELSTEIN' Mayor
City of Tiburon
AT~~ =
R. . K JEINERT, City Managpr/(
CITY COUNCIL MINUTES NO. 474
July 24, 1978
Paqe 8
CORRECTED
CITY COUNCIL
CITY OF 'l'IBUHON
CALL TO ORDER
The regular meeting of the City Connell of th(~ Ci ty of 'J1j buron was called
to order at 7:40 p.m., Monday, August 14, 1978, by Mayor Edelstein in the
City Council Chambers, Reed School, Tiburon, California.
I. ROLL CALL
COUNCILMEN:
PHESEN1' :
ABSENT:
Mayor Edelstein, Bass, Hanson, Rockey
Bergsund
EX OFFICIO: R. L. Kleinert, City Manager; R. Conn, City
Attorney; J. Strandgaard, Deputy City Engineer;
L. Brunini, Superintendent of Public Works; J.
Bailey, Chief of Police; R. Hanna, Director of
Community Development; C. Kearney, Minutes Clerk
II. APPROVAII OF MINUTES
#473 - MOTION:
Moved:
Vote:
Absent:
To approve Minutes No. 473 as submitted.
Rockey, Seconded by Bass
Unanimous
Bergsund
#474 - Page 4, last paragraph, line 1, delete "eng.ineering and" and
insert "preliminary."
MOTION:
Moved:
Vote:
Absent:
To approve Minutes No. 474 as amended.
Bass, Seconded by Rockey
Unanimous
Bergsund
IV. PUBLIC QUESTIONS AND COMMENTS
16. LETTER FROM LYFORD'S COVE/OLD TIBURON PROPERTY OWNERS ASSOCIATION
(Condominium Conversion Moratorium) FILE NO: 97706
At the request of Nathaniel Marans, Vice President of LCOTPOA,
.this item was moved up the agenda for consideration. Mr. Marans
outlined the points of the Association's concerns, essentially
that the current Zoning Ordinance does not adequately address pro-
blems of condominium conversions in an R-2 zone. Therefore, the
Association is requesting an immediate moratorium on all condo-
minium conversion applications until a new Zoning Ordinance is
finalized.
Ho'rION: That the Director of Communi ty Development prepare a time--
table for amendment to the Zoning Ordinance pertaining
to the R-2 zone; that a draft be prepared, leaving the
density blank, to be submitted to the Planning Commission
and the Lyford's Cove/Old Tiburon Property Owners Asso-
ciation for their review; and that the appropriate public
hearings be held at that level.
Moved: Bass, Seconded by Rockey
fJ1he Director of Comrnuni-ty Development pointed out~ that revision
to the Zoning Ordinance is of current priority and will be on the
Planning Commission's agenda as soon as possible. Therefore,
Bass withdrew his previous motion and made the following substi-
tute motion:
SUBSrrI'I'UrI'E MOTION: Tha t the Planninq Commission consider imposing
a moratorium for a period of time, say six months, during
which time appropriate public hearings would be held at
that level for consideration of revision to the R-2 zone
in terms of condominium conversions, derlsity, parking, etc.
Moved: Bass, Seconded by Edelstein
Vote: Unanimous
Absent: Bergsund
Mayor Edelstein requested this matter come before the Council again
on September 20, 1978.
CITY COONeI L MINu'rES NO. 475
Page 1
August 14, 1978
V. CONSENr:L' CAL. ., DAR
Item #1 was removed from the Consent Calendar for discussion during
Executive Session. Items #10, #13, and #17 were moved to the Consent
Calendar for approval without discussion.
MOTION: To approve the Consent Calendar consisting of the following
items:
2. DENIAL OF CLAIM (Ward vs. City of Tiburon)
3. AWARD OF CONTRACT (i'-1iraflores Subdrainage Hepaic)
4. PARADISE DRIVE LIGHTING (Continuance to September 6,
1978)
5. SOUTHERN MAHIN RESIDENTIAL DEVELOPMENT REVIEW BOARD
(Housing Goals for 1978-79 - City Approval of County
Program)
10. AMENDMENTS TO CAPrrAL IMPROVEMENTS BtJDGErr (I)arks & Recrea....
tion Commission Recommendations)
13. DOG LICENSES (Refer Actual Licensing to County of Marin)
17. TRAFFIC SAFETY RECOMMENDATIONS
Moved:
Vote:
Absent:
Rockey, Seconded by Bass
Unanimous
Bergsund
VI. PUBLIC HEARINGS
6. APPEAL OF BOAHD OF ADJUSTMENTS AND REVIEW DECISION (Continued
Public Hearing - 310 Blackfield Drive - New Residence) FILE NO: 778
The Zoning Administrator reviewed the past history and the condi-
tions upon which the application was approved by the Board of
Adjustments and Review. She recommended the City Council uphold
the final decision of the Board of Adjustments and Review and deny
the appeal protesting the decision of the Board.
Mr. Richard Sweet and Dr. Frank Jeffrey, two of the appellants,
contended that the property had not been legally split originally,
that it had not been offi\:~ially approved by the Planning Commission
and that sufficient evidence had not been provided as to why the
home could not be banked further down the slope so as to not
obliterate Mr. Sweet's view.
Mr~ Morrison, the applicant, pointed out that an engineering survey
had been completed on a possible alternate access which would allow
the home to be banked further down the slope, but it was found to
be infeasible. He also stated that no prime view obstruction of
the Sweet's property existed and the project had been adequately
reviewed and approved.
The public hearing was declared closed.
Bass indicated he had walked the site and found no major view
obstruction of the Sweet's residence. However, he stated he would
abstain from voting on this issue because he had previously abstainc
when considering this matter while on the Planning Commission.
It was Mayor Edelstein's interpretation that the application for
the second dwelling had only received tentative approval at the
Planning Commission stage.
MOTION: 'To uphold the decision of the Board of Adjustments and
Review and deny the appeal.
Moved: Rockey, Seconded by Hanson
Vote: Ayes: Rockey, Hanson
Noes: Edelstein
Abstain: Bass
Absent: Bergsund
X. EXECUTIVE SESSION
At the request of the City Attorney, Executive Session was called at
9:20 p.m. to discuss pending and current li.tigation. Council recon-
vened at 10:00 p.m.
crl'Y COUNCIL MrNLJ'eE~::; NO_ 47r")
August 14, 1978
P;:lno ')
VII. OLD BUSINESS
7. STREET FRONTAGE IMPROVEMENTS (Ordinance - 1st Reading)
FILE NO: 4104
Mayor Edelstein suggested the proposed amendments be added to the
Municipal Code instead of iilklJltil6Ht -t~ the Uniform Building Code.
amending
Bass expressed concern with Section 7(ii) in that too much res-
ponsibility would be given the City Engineer in determining the
adequacy of existing street frontage improvements.
The following amendments were made to the draft Ordinance:
The ti tIe was changed to read: "AN ORDINANCE OF THE CI'rY OF
TIBURON ADDING SECTION 13-20 l\ND SECTION 13-21 'lID 'lIHE rrIBURON
MUNICIPAL CODE."
(7) Section 1405(c) is to be changed to Section 13-20.
Paragraph (c), line 3, change to read II.. .any building or
dwelling for which..." (deleting "or other structure").
(8) Section 1405(d) is to be changed to Section 13-21.
}
j
)
Sections 1 through 6 are to be deleted.
MOTION:
Moved:
Vote:
To amend Section 13-2-(ii), line 3, by adding "sub-
ject to review and approval by the Planning Commission
or Board of Adjustments and Review a.s applicable" after
"representative."
Bass, Seconded by Edelstein
Ayes: Hanson, Bass, Edelstein
Noes: Rockey
Absent: Bergsund
Rockey expressed his opposition to this motion because it would
only prove to complicate the processing.
MOTION:
Moved:
Vote:
Absent:
MOTION:
Moved:
Vote:
Absent:
To read the Ordinance by title only.
Rockey, Seconded by Hanson
Unanimous
Bergsund
To pass first reading of AN ORDINANCE OF THE CITY OF
TIBURON ADDING SECTION 13-20 AND SECTION 13-21 TO TIlE
TIBURON MUNICIPAL CODE, as amended.
Rockey, Seconded by Hanson
Unanimous
Bergsund
14. LE'r'rER FROM MMWD (Sa fo \\1(1 ter Supply Program Ordinance)
The Director of Community Development noted that MMWD is proposing
an ordinance which would establish a Safe Water Supply Program to
help guide the district in the distribution of water should a
shortage again arise.
Former Councilman Ellman stated the proposed Ordinance is vague and
weak. He submitted a draft letter to be forwarded to the District
for consideration and signature by the Mayor. Council directed
this letter be agendized for the Council meeting of September 6,
1978, for consideration and approval.
8. COMMISSION & BOAED TEl~S OF APPOINTMENrr (Ordinance - 2nd Reading)
FILE NO: 1054
The City Manager reconunended Council pass second reading of the
proposed ordinance which revises the terms of members of City
Commissions and Boards. The public hearing was opened, and upon
hearing no comment, the public hearing was closed.
MOTION:
Moved:
Vote:
Absent:
::
To read the Ordinance by .ti tIe only.
Bass, Secondec] by Hanson
Unanimous
Bergsund
CITY COUNCIL~1IN!T"'f1ES NO. 475
August 14, 1978
Page 3
MOTION:
To pass second rc .ding of Ordinance ,j0. 201 N.S., AN ORDINA~CI'
OF THE CITY OF TIBURON REVISING TERMS OF MEMBERS OF CITY
COMMISSIONS AND BOARDS.
Bass, Seconded by Hanson
Unanimous
Bergsund
Moved:
Vote:
Absent:
VIII. NEW BUSINESS
9. PRIVATE PROPERTY CONDEMNATION FOR SANITARY SEWER INSTALLATION
(Request for City Approval of Condemnation Action) FILE NO: 7206
At the request of the City Attorney, this item was continued to
September 6, 1978, because of lack of proper notification to the
property owners.
11. PLANNING/BUILDING FEES (Revised Fee Schedule - Resolution)
i","
The Director of Community Development stated the proposed fee
increases as indicated in the draft resolution would support the
Staff's response (Item #11) ~..... - --~~.....~ 1T1'h,...'; "'.........'""~..,.....
\
The Director of Community Development responded that there are certain activities
such as the General Plan and Zoning i\mendments that benefit the City at large
and the City should not expect these activities to be paid for by individual
developers."
Moved:
Vote:
Absent:
LUUl'H"':-LL Ul:" 'i'lit; CITY U1" '1'lBURON ESTABLISHING FEES FOR
SERVICES AND VARIOUS COMMUNITY DEVELOPMENT PERMIT APPLI-
CATIONS for a six month period to determine how much
money will be received under this resolution, and to all(
adjustments during thci interim period.
Rockey, Seconded by Bass
Unanimous
Bergsund
12. ADOP/rION OF 1978-79 OPEN SPACE BOND TAX RATE (Resolution)
The City Manager noted he had received this date the computed
Open Space Bond tax rate information from the County Auditor/
Controller computed at l3.7~. Th~refore, he submitted a revised
resolution for Council consideration which fixes the tax rate at
l3.7~. He stated this tax rate would satisfy the City's debt
servicing for next fiscal year.
MO/rION:
To adopt Resolution No. 1007, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TIBURON ADOPTING THE CITY OF
TIBURON'S 1978-79 OPEN SPACE BOND TAX RATE AS COMPUTED
BY THE MA.RIN COUNTY AUDITOR/CONTROLLER.
Bass, Seconded by Hanson
Unanimous
Bergsund
Moved:
Vo te :
Absent:
15. OPEN SPACE ACQUISITION PROGRAM (Status Report) FILE NO: 3080
The City Manager reviewed the current'status of the City's open
space acquisition program and noted that the Marin County Open
Space District has provided a verbal commitment to the City to
participate in future acquisitions on the Tiburon Peninsula. The
City Manager pointed out that the City is still pursuing its
initial goals and objectives, essentially in preserving the ridge-
line open space corridor.
Mayor Edelstein appointed Councilmen Bass and Hanson to an Open
Space Acquisition Committee to assist in negotiations with property
owners, the County of Marin, etc., and to report back to Council.
18. MONTHLY POLICE DEPARTMENT REPORT (July)
FILE NO: 5001
Bass questioned the necessity of use of excessive speeds by police
vehicles in emergency situations, and noted a recent incident
resulting in a minor acciderlt of a police vehicle en route to a fj
The Police Chief stated lIe had properly reprimanded the officers
involved in this incident, and all have been instructed to not
exceed the speed limits en route to emergency situations.
1. DENIAL OF CLAIM (Smith vs. City of Tiburon)
FILE NO: 7002
This item was removed from the Consent Calendar for discussion duriJl
August 14, 1978
CIfry COUNCIL MINrrrrF..c. l\Tn A 7r:..
n~~","", A
Executive Session.
MOTION:
Moved:
Vote:
Absent:
To deny the claim of Smith vs. City of Tiburon.
Bass, Seconded by Rockey
Unanimous
Bergsund
IX. STAFF REPORTS, COMMUNICATIONS, AND CITY MANAGER ITEMS
(a) Mayor Edelstein recommended the Council Public Services Cornmittee
be reinstated to deal with policies regarding streets, walks,
maintenance, and other public services. He appointed Bergsund
and Rockey to this Con~ittee.
He also suggested a Committee be established to help negotiate
a joint agreement with the ~iburon Peninsula Club for mutually
acceptable use of Judge Field. He appointed Rockey and Berg-
sund to the Judge Field Committee.
(b) Mayor Edelstein requested the Planning and Parks & Recreation
Commission consider dates for joint workshop meetings with the
City Council, preferably in October. These dates are to be sub-
mitted to Council for consideration at the September 6th meeting.
(c) The City Manager noted receipt of a petition from residents of
Belveron West and East requesting the use of the Belveron Mini
Park be restored to passive activities. Council referred this
matter to the Parks & Recreation Commission.
(d)
Mayor Edelstein noted his memorandum of
planning of Richardson Bay Lineal Park.
matter should be an item for discussion
Recreation Commission/Council workshop.
suggested the Public Services Committee
to the Commission in regard to a master
August 14th regarding
Council determined this
at the joint Parks &
Mayor Edelstein also
act as Council liaison
plan for RBLP.
(e) The City Manager stated that a commitment of funding had been
received for Phase III of the Paradise Drive Sidewalk. The
City Engineer is proceeding with the final design in compliance
with the conceptual plan previously approved by Council. Council
requested they be allowed to review the prelminary design at the
September 6th meeting.
(f) The City Manager stated that the City Engineer is currently review-
ing the drawings previously approved by Council for the Tiburon
Boulevard Downtown Drainage Project, one-half of which is funded
through Urban Thoroughfare Funds and must be utilized this year.
The City Engineer will be bringing the cost estimates and spec-
ifications up to date for Council's review at the September 6th
meeting.
(g) The City Manager gave an update on the status of the Paradise
Cove Marina project. He stated that an addendum to the Draft
ErR has been submitted and will be considered by the County Plan-
ning Commission on August 21st.
XI. ADJOURNMENT
There being no further business, the meeting was adjourned at 12:00
midnight, sine die.
~G~
HAL EDELSTEIN, M2.yor
City of Tiburon
^TTEST:
R. L. ~r/Clerk-----
August 14, 1978
Page 5
TY COUNCIL MINUTE2
. 475
CALL TO ORDER
CITY COUNCIL
CITY OF TIBURON
A special meeting of the City Council of the City of Tiburon was called
to order at 5:15 p.m., Friday, September 1, 1978, in the City Council
Chambers, Room #9, Reed School, by Vice-Mayor Bergsund.
ROLL CALL
COUNCILMEN:
BUSINESS
PRESENT:
ABSENT:
Vice-Mayor Bergsund, Rockey, Bass
Mayor Edelstein, Hanson
EX OFFICIO: R. Hanna, Director of Community Development &
Acting City Manager
Mr. Ed Ness, Attorney for the Miraflores Assessment District, discussed
a slide problem affecting City-owned property and adjacent private pro-
perty along the Tiburon Ridge. Because the slide preventive and correct-
ive work required access to the private property, it was necessary for
Council to set a public hearing to consider acquiring an easement over the
private property to correct the slide. The Council discussed the problem
of the slide and the acquisition of the easement for slide repair purposes.
MOTION:
Moved:
Vote:
Absent:
MOTION:
Moved:
Vote:
Absent:
MOTION:
Moved:
Vote:
Absent:
ADJOURNMENT
To set Wednesday, September 20, 1978, at 7:30 p.m., or soon
thereafter as the matter may be heard, to consider a pro-
posed Resolution of Necessity for condemnation of an ease-
ment.
Bass, Seconded by Rockey
Unanimous
Edelstein, Hanson
To authorize an appraisal of the value of the easement pro-
posed to be acquired.
Rockey, Seconded by Bass
Unanimous
Edelstein, Hanson
To direct the office of Ed Ness to give the required notice
of hearing to the affected property owners.
Bass, Seconded by Rockey
Unanimous
Edelstein, Hanson
There being no further business, the meeting was adjourned at 5:25 p.m.,
Friday, September 1, 1978, sine die.
ATTEST:
0L---
'~) /7
71 /\
rL-/V,-...
JOAN BERGSUND ~/ Vice-Mayor
City of Tiburon
City Manager/Clerk
CITY COUNCIL MINUTES NO. 476
September 1, 1978
Page 1
CITY COUNCIL
CITY OF TIBURON
CALL TO ORDER
The regular meeting of the City Council of the City of Tiburon was called
to order at 7:40 p.m., Wednesday, September 6, 1978, by Mayor Edelstein
in the City Council Chambers, Reed School, Tiburon, California.
I. ROLL CALL
COUNCILMEN:
PRESENT:
ABSENT:
Mayor Edelstein, Bass, Bergsund, Hanson, Rockey
None
EX OFFICIO: R. L. Kleinert, City Manager; G. Ragghianti,
Deputy City Attorney; S. Bala, City Engineer;
L. Brunini, Superintendent of Public Works;
J. Bailey, Chief of POlice, J. Lombard, Parks
& Recreation Supervisor; R. Hanna, Director of
Community Development; C. Kearney, Minutes Clerk
II. APPROVAL OF MINUTES
#475 -Page 3, 1st paragraph, line 2, change "amendment to" to "amend-
ing the." Page 4, Item 11, add the following sentence "The Director
of Community Development responded that there are certain activities
such as the General Plan and Zoning Amendments that benefit the City
at large and the City should not expect these activities to be paid
for by individual developers."
MOTION:
Moved:
Vote:
Abstained:
To approve minutes No. 475 as amended.
Rockey, Seconded by Bass
Unanimous
Bergsund
III. APPOINTMENTS TO BOARDS & COMMISSIONS
Mayor Edelstein noted the Memorandum of September 6, 1978, from the Dir-
ector of Community Development indicating that the term of Planning
Commissioner Arthur Gimmy had expired in July of this year and Mr.
Gimmy was requesting reappointment.
Moved:
Vote:
To reappoint Arthur Gimmy to the Planning Commission for a four
year term, effective July 1, 1978.
Bass, Seconded by Hanson
Unanimous
MOTION:
It was also pointed out that the term of the City's representative
(Elva Edger) to the Southern Marin Residential Review Board has expired,
and she is requesting reappointment to that position.
Moved:
Vote:
To reappoint Elva Edger as Tiburon's representative to the
Southern Marin Residential Review Board.
Bergsund, Seconded by Rockey
Unanimous
MOTION:
The City Manager stated that there is a vacancy for an alternate to
this position on the Southern Marin Residential Review Board, and
also one vacancy on the Fine Arts Commission. Council requested these
vacancies be advertised in the local papers.
9. OLD TIBURON SCHOOL CONVERSION (Recommendations of Planning
Commission) FILE NO: 100.3
This item was moved out of agenda order for consideration. The
Director of Community Development outlined the four alternatives
as recommended by the Planning Commission for senior citizen hous-
ing at the old Tiburon School.
Mr. Martin Mackey, of the Tiburon Ecumenical Association, recommended
four additional alternatives, essentially consisting of a mini-
kitchen in each of the units instead of a full kitchen combined
with a full kitchen facility in the community room. Hanson requested
a cost analysis be included in the feasibility study in terms of
sales prices of the units with the proposed mini-kitchens.
CITY COUNCIL MINUTES NO. 477
September 6, 1978
Page 1
Mr. Ralph Giovanniello, of Reed Union School District, requested
improved communications between the Tiburon Ecumenical Association,
the City, and the School District in regard to this matter. Therefore,
Council requested the School District appoint representatives to meet
with the City's Public Services Committee to discuss this matter.
MOTION:
Moved:
Vote:
That the City accept the Phase I materials and proceed with
the feasibility study based upon the alternatives presented
by the Planning Commission and the Tiburon Ecumenical Asso-
ciation; and that the deadline submittal date of the feasi-
bility study be changed to November 15, 1978.
Rockey, Seconded by Bergsund
Unanimous
20. LETTER FROM RUSD REQUESTING REINSTATEMENT OF CROSSING GUARDS
The City Manager recommended the Council commit funding for the
crossing guards for a three to six month interim period and to request
the School District and City of Belvedere to participate in this inter-
im program funding. Then, Staff and the School District can meet with
representatives of the PTA to find appropriate means of funding the
program on a permanent basis.
Ralph Giovanniello, Superintendent of Schools for Reed Union
School District, stated the crossing guard program should remain a
City police function for control of traffic on a state highway; and
he urged the City reinstate the program. He stated the School Dis-
trict currently has no funds available for this purpose, but would
be willing to train and hire the guards.
Jack Fiorito, representing st. Hilary's School, and Gwen Coyle, repre-
senting the Reed District Parent/Teacher's Association, both requested
reinstatement of the Crossing Guards.
Mayor Edelstein noted the fact that Tiburon would be receiving
approximately $101,000 from the State surplus, rather than the pre-
viously anticipated $94,000. This would result in approximately
$7,000 more to the City--the cost of the Crossing Guards Program.
However, he did point out that this would only be a one year solu-
tion to the problem, and joint funding should still be pursued for
future years.
MOTION: That the cities of Tiburon and Belvedere fund and train
the crossing guards for the forthcoming 1978-79 school year
on the basis that Reed Union School District hire and super-
vise the crossing guards.
Moved: Rockey, Seconded by Bass
AMENDMENT TO MOTION: That the City of Tiburon fund, hire, train and
supervise the crossing guards for the 1978-79 school year.
Moved: Bass, Accepted by Rockey
Bass indicated his chagrim in that the School District had been
previously notified in June of the City's intentions to delete this
program and was only now objecting, after the school year had already
begun.
AMENDMENT TO MOTION: That the cities of Tiburon and Belvedere and'
the School District discuss sharing the funding of the 1979-80
school year crossing guard program in the spring of 1979,
prior to budget deliberations.
Moved: Bergsund, Accepted by Rockey
Vote: Unanimous
IV. CITY COUNCIL, COMMISSION & COMMITTEE REPORTS
A. Mr. Mert Lawwill, representing residents along Rock Hill Drive,
questioned the status of the Rock Hill Drive overlay project and
urged the City expedite the project. The City Engineer indicated
the City is waiting for the subdivider of the Avenida Miraflores
subdivision to install the drainage at the base of the road.
There is a conflict with CAL/TRANS as to the drainage design and,
therefore, CAL/TRANS has been unwilling to issue an encroachment
for the job to proceed. However, the City will be meeting with
representatives of CAL/TRANS to resolve this problem on Friday,
September 8, 1978.
CITY COUNCIL MINUTES NO. 477
September 6, 1978
Page 2
MOTION:
Moved:
Vote:
To authorize the City Engineer to proceed with the preparation
and solicitation of bids for the Rock Hill Drive Overlay Project.
Rockey, Seconded by Hanson
Unanimous
The City Engineer also requested he be authorized to solicit bids for
all the overlay projects included in the 1978-79 budget to save on
costs. He was so authorized by Council.
B. Mr. Don Capron, representing the Tamalpa runners, questioned whether
there were any negative impacts of the recent running race on the
Tiburon Peninsula. Council suggested this matter be discussed at the
Parks & Recreation level with a report back to Council.
C. Mary Terrell, President of the Reedlands Homeowners Association,
expressed concern in that the Highlands Project is being appealed at
the County level, and urged the City notify the County of its objection
to the proposed project. It was pointed out that the appeal is based
upon the County Counsel's determination that the Tentative Map has
expired, and the developer is therefore not entitled to final map
considerations. Council directed the City Manager write to the Board
of Supervisors requesting the decision of the County Counsel be upheld,
that the Tentative Map has expired and is not current with density and
environmental requirements.
1. TIBURON MARIN MUSIC ASSOCIATION APPLICATION FOR FUNDING (Fine Arts
Commission) FILE NO: 1030
Al Aramburu, a Member of the Board of Directors for the Tiburon Marin
Music Association, urged Council approve the Fine Arts Commission loan
of $2000 for the Association's production of "Daughter of the Regiment."
He pointed out that these funds were originally intended for such
purposes and were not property taxes, but transient occupancy taxes.
Bass questioned whether the City should loan money for artistic
purposes when it had trouble funding the Crossing Guards Program, and
stated that more stringent guarantees should be provided by the
Association for repayment of the funds.
MOTION:
Moved:
Vote:
To approve the Fine Arts Commission recommendations that the
$2000 be loaned to the Tiburon Marin Music Association with
the following requirements: 1) that all funds be granted in
the form of an interest-free loan, one-third to be repayable
each calendar year, 2) that semi-annual statements be required,
3) that a formal document including the above requirements
be signed by the recipient and the City.
Rockey, Seconded by Hanson
Ayes: Bergsund, Hanson, Rockey, Edelstein
Noes: Bass
Mayor Edelstein requested these same requirements be discussed with
the Opera Company for repayment.
VI. CONSENT CALENDAR
The Director of Community Development requested another item be
included on the Consent Calendar for approval: The Wilkens Court
Trail Easement (Acceptance of Grant Deed - Resolution).
MOTION:
Moved:
Vote:
To adopt the Consent Calendar as amended consisting of the
following items:
2. BELVEDERE/TIBURON AYALA DAY VOLLEYBALL GAME CHALLENGE
(Resolution No. 1008)
3. DENIAL OF CLAIM (Wayne vs. City of Tiburon)
4. DENIAL OF CLAIM (Daniel vs. City of Tiburon)
5. APPROVAL OF APPOINTMENTS TO JOINT BELVEDERE/TIBURON
RECREATION COMMITTEE (Appointment of two at-large Committee
Members)
6. DEL MAR RECREATIONAL COMPLEX COMMITTEE REPORT (Review by
Parks & Recreation Commission)
7. JOINT BELVEDERE/TIBURON RECREATION COMMITTEE FEE POLICY
WILKENS COURT TRAIL EASEMENT (Acceptance of Grant Deed -
Resolution No. 1009)
Bergsund, Seconded by Hanson
Unanimous
CITY COUNCIL MINUTES NO. 477
September 6, 1978
Page 3
VII. PUBLIC HEARINGS
8. TIBURON BOULEVARD UNDERGROUNDING PROJECT (Implementation and Com-
pletion Schedule - Resolution) FILE NO: 4500
The Mayor questioned the necessity of providing a negative declara-
tion and environmental assessment on this project in compliance
with CEQA requirement. The Deputy City Attorney recommended
Council direct staff to prepare such for consideration by the
Planning Commission at their September 13 regular meeting. This
matter would then be before the Council again at the September 20
regular meeting to set the implementation and completion dates.
Moved:
Vote:
To approve the recommendations outlined by the Deputy
City Attorney.
Bass, Seconded by Rockey
Unanimous
MOTION:
VIII. OLD BUSINESS
13. PRIVATE PROPERTY CONDEMNATION FOR SANITARY SEWER INSTALLATION
(Request for City approval of Condemnation) File No: 6206
The City Manager outlined the background on this matter, indicating
that the property owners of Lot 17 had received a building permit
from the City; however, Sanitary District No. 2 requires them to
connect to a public sewer system, the nearest of which is down
Antonette Drive to Paradise Drive. As Antonette Drive is a private
Road, the property owners of Lot 17 are required to obtain ease-
ments from those property owners along Antonette Drive; however,
the property owners along Antonette Drive have refused to grant
the sewer line easement and the property owners of Lot 17 are now
pursuing condemnation proceedings, of which Sanitary District No. 2
has consented by resolution. Since the property is within the
City limits, approval of the condemnation proceedings is required by
the City Council.
Mr. Richard Lobedan, attorney representing Mr. Noble, a property
owner along Antonette Drive, contended that the building permit
was issued through misrepresentation by the property owners of
Lot 17 to the Sanitary District that easements had been obtained
from the Antonette Drive property owners. The sewer permit nec-
essary for the building permit has since been revoked by the
Sanitary District. He stated that the easement has been refused
only because the property owners of Lot 17 want to install what the
Antonette Drive property owners consider to be a substandard line.
They would not refuse the easement if a 6" sewer line was installed
as required for a public sewer line.
Mr. Brian McCarthy, representing the property owners of Lot 17,
stated the cost of installing a 6" sewer line is approximately
twice as much as that of a 4" line. He stated that they had
approached the Antonette Drive property owners requesting whether
they would share the expense of installing a 6" line, and they
refused; but wanted free service off the line.
Mr. Jack Bartalini and Mrs. Dorothy Frassetto, property owners
along Antonette Drive, stated they were approached two years ago
by the property owners of Lot 17 requesting an exclusive easement
across their property and that they refused to post a bond or insure
the line. Mr. Bartalini submitted letters from the respective
attorneys regarding this n~tter, dated August 12 and August 16,
1976. He stated they had never refused an easement to the pro-
perty owners of Lot 17.
The City Engineer recommended that a 6" line be installed, but
also that a contract be entered into by the Sanitary District
and the property owners who hook up to the line to pay their fair
share of the cost for maintenance and installation of the line.
Mr. McCarthy indicated his clients would agree to install the
6" line as long as such a contract is executed.
MOTION: To continue this matter to September 20th regular meeting
to allow time for the City Engineer to contact the
Sanitary District No. 2 regarding: procedures for drawing
up a contract which would require anyone who hooks up to
CITY COUNCIL MINUTES NO. 477
September 6, 1978
Page 4
Moved:
Vote:
the line to pay their pro rata share to the installer
of the line, whether the District has actually passed a
resolution of consent for condemnation, and whether the
District considered the fact that more than one property
owner would be served by the line thereby necessitating
a 6" line.
Hanson, Seconded by Rockey
Unanimous
The Deputy City Attorney requested the affected property owners be
hereby noticed of the continued hearing to September 20, 1978, and
the property owners so agreed.
XI. EXECUTIVE SESSION
Council adjourned to Executive Session at 11:50 p.m. to discuss current
and pending matters of litigation. Council reconvened at 12:30 a.m.,
Thursday, September 7, 1978.
10. STREET FRONTAGE IMPROVEMENTS (Ordinance - 2nd Reading) File No: 4104
Staff recommended Council pass second reading of the draft Ordin-
ance which requires developers and builders of any building or
dwelling to construct specified frontage improvements unless
adequate improvements already exist, as approved by the City
Engineer.
MOTION:
Moved:
Vote:
To re.d the Ordinance by title only.
Bass, Seconded by Hanson
Unanimous
MOTION:
Moved:
Vote:
To pass second reading of Ordinance No. 202 N.S., AN
ORDINANCE OF THE CITY OF TIBURON ADDING SECTIONS 13-20
AND 13-21 TO THE TIBURON MUNICIPAL CODE (PROVIDING FOR
STREET FRONTAGE IMPROVEMENTS, ETC.)
Bergsund, Seconded by Hanson
Unanimous
11. PARADISE DRIVE STREET LIGHTING (Report from P.G.& E.) File No: 4502
Because of the overall costs of street lighting, the current con-
itraints of Proposition 13, and because installation of more lights
would require easements from the Waterfront Property owners, the
City Manager recommended Council approve installation of only one
light in the vicinity of the Frank Howard Allen Building at a cost
of approximately $80 per year. Council approved staff's recom-
mendation and directed the City Manager to so notify P.G.& E.
12. BELVEDERE/TIBURON PARKS & RECREATION MAINTENANCE PROGRAM (Recom-
mendations by Belvedere/Tiburon Joint Recreation Committee)
It was Council's determination that the Joint Powers Agreement of
the Belvedere/Tiburon Joint Recreation Committee is perhaps not
being fulfilled in terms of maintenance of facilities. Rockey
suggested the two Mayors of Belvedere and Tiburon meet and discuss
the function and status of the Joint Powers Agreement before the
issue of a joint maintenance program is considered. Council con-
curred.
IX. NEW BUSINESS
14. ABATEMENT OF NUISANCE (Dumping of FilIon City Open Space - 285
Round Hill Road)
The City Manager noted that illegal grading had occurred at 285
Round Hill Road which extended onto City owned open space property.
He recommended to Council that this matter be continued to September
20 for adoption of a resolution declaring a public nuisance should
no progress be made by the applicant towards correction of the
situation.
MOTION: To approve Staff recommendations to authorize the City
Engineer to pursue corrective measures with the property
owner, and to continue this matter to September 20, 1978,
with the direction to staff to draft the appropriate
resolution declaring a public nuisance should the situation
not be resolved.
CITY COUNCIL MINUTES NO~ 477
September 6, 1978
Page. 5
Moved:
Vote:
Hanson, Seconded by Bergsund
Unanimous
15. TECHNICAL AMENDMENTS TO THE MUNICIPAL CODE (Set Building Records
Fee by Resolution & Correct Error in Definition of Word "Subdivision")
The Director of Community Development recommended Council pass first
reading of an Ordinance which amends the Municipal Code to allow
providing fees for a Report of Residential Building Records to be
set by resolution. The Ordinance would also clarify the Code and
make it consistent with the State Subdivision Map Act in terms of
conveyance of land to a "public utility" instead of "public entity."
Bass requested the Ordinance be corrected to state "amendment to
Section 14-1" instead of Section 14-2.
MOTION:
Moved:
Vote:
To read the Ordinance by title only.
Rockey, Seconded by Hanson
Unanimous
Moved:
Vote:
To pass first reading of AN ORDINANCE OF THE CITY OF
TIBURON AMENDING SECTION 13A-4 (TO PROVIDE THAT FEES
SHALL BE SET BY RESOLUTION) AND AMENDING SECTION 14-1
TO CORRECT ERROR IN DEFINITION OF WORD "SUBDIVISION.",
as amended.
Bergsund, Seconded by Rockey
Unanimous
MOTION:
16. MMWD PROPOSAL FOR SAFE WATER SUPPLY PROGRAM (Consideration of Draft
Letter by George Ellman) File No: 4507
Council determined not to send former Councilman Ellman's letter,
but requested the City Manager survey the other Marin cities as
to their actions in this regard and draft an appropriate response
to MMWD.
x. STAFF REPORTS, COMMUNICATIONS, AND CITY MANAGER ITEMS
17. JOINT COUNCIL/COMMISSION WORKSHOP MEETING (Recommended Dates of
Parks & Recreation and Planning Commission)
A joint Council/Planning Commission Workshop was scheduled for
Tuesday, October 17, 1978, 8:00 p.m., in the Council Chambers.
the joint Council/Parks & Recreation Commission workshop was
deferred to the month of November.
18. PARADISE DRIVE SIDEWALK - PHASE III (Oral Review of Preliminary
Design by City Engineer)
This item was continued to September 20, 1978, to allow for more
input from the public.
19. TIBURON BOULEVARD DOWNTOWN DRAINAGE PROJECT (Oral Review of updated
Cost Estimates and Specifications by City Engineer)
Because of the late hour, this matter was continued to September 20,
1978.
22. FINANCIAL REPORT (July)
Received without comment.
21. MONTHLY POLICE REPORT
Mayor Edelstein noted Chief Bailey's reference to parking problems
on Main Street and the related matter of extending Juanita Lane
to Main Street. He requested the Planning Commission consider this
matter during the Zelinsky Home Savings final map considerations,
as it was a condition of the Master Plan approval.
A. Rockey noted his Memorandum of September 6, regarding the Lagoon
Road Park Tennis Courts and indicated that sufficient funds are
anticipated to supplement the Cities' monies to provide for the
parking lot paving. Therefore, he requested Council approve a
change order to the basic construction contract to include the
parking lot paving. Bass stated he would abstain from voting
because his firm represents the contractor.
CITY COUNCIL MINUTES NO. 477
September 6, 1978
Page 6
MOTION: To approve the above requested Change Order.
Moved: Hanson, Seconded by Bergsund
Vote: Unanimous
Abstained: Bass
B. Bergsund requested Council approve a contribution of $25 towards
the Housing Conference scheduled for October 7th, sponsored by
the Ecumenical Association for Housing. Bass expressed concern
that other organizations will solicit donations from the City
should this be approved.
Moved:
Vote:
To approve the donation of $25 towards the Housing Confer-
ence.
Rockey, Seconded by Hanson
Ayes: Bergsund, Hanson, Rockey, Edelstein
Noes: Bass
MOTION:
C. Bergsund stated the sponsors of the Tiburon Peninsula Doubles
Tennis Tournament are requesting use of the Del Mar Courts for
Saturday, October 7, 1978, and that the tennis court policy--that
only one court may be used on weekends for tournaments--be waived.
Council referred this matter to the Parks & Recreation Commission
for consideration at their next meeting of September 7th.
D. City Manager noted receipt of a letter from CAL/TRANS regarding the
proposed improvements to Tiburon Boulevard at Trestle Glen, essen-
tially stating that the Tiburon Boulevard realignment project
has been cancelled by the FHWA and that 4(f) review will be
required for any work done outside the existing right-of-way as
discussed at a meeting between City and CAL/TRANS representa-
tives. However, such 4(f) review would be done at a regional
level and approval time might be reduced considerably. Also,
CAL/TRANS will proceed with a signal study at Stewart Drive dur-
ing the week after school begins. Finally, CAL/TRANS is request-
ing a meeting with City representatives to discuss the proposed
design improvements and cost estimates to be submitted in October
to FAU for approval.
E. The City Manager stated the employee payroll system of the City
had been changed for payment every other Friday instead of the
5th and 20th of each month, effective September 1, 1978, with no
budgeting impact.
XI. ADJOURNMENT
There being no further business of the Council, the meeting was adjourned
at 1:30 a.m., Thursday, September 7, 1978, sine die.
~F~
HAL EDELSTEIN, Mayor
City Manager
ATTEST:
R. L.
CITY COUNCIL MINUTES NO. 477
September 6, 1978
Page 7