HomeMy WebLinkAboutTC Min 1975 (July thru December)
CORRECTED MINUTES
CITY COUNCIL
CITY OF TIBURON
I . CALL TO ORDER
The regular meeting of the City Council of the City of Tiburon, State of
california, was called to order by Mayor George Ellman at 7:37 p.m. in the
City Council Chambers.
II. ROLL CALL
PRESENT: COUNCILMEN: Aramburu, Rot3, Tayer, Ellman, Littman (~:55 p.m.)
EX OFFICIO:
R.1. Kleinert, City l~nager
S.E. Lichlyter, Administrative Assistant
Robert Fosnot, Director of Community Development
Sten Bala, City Engineer
Robert Conn, City Attorney
Lou Brunini, Superintendent of Public Works
Maurice Lafferty, Chief of Police
~~rilyn Nelson, Minute Clerk
...............
III. APPROVAL OF MINUmS
Minutes No. 385 - Page 3, paragraph 7, corrected to read "street parking
should also be reviewed.~ Prior to paragraph 11, subheading PUBLIC QUESTIONS
AND COMMENTS (Continued) to be inserted.
Upon motion of Aramburu, seconded by Ross, the minutes were approved as
corrected by the follo'<'1ing vote:
AYES:
ABSENT:
ABSTAIN:
COUNC ILMEN :
COUNCILMEN:
COUNCILMEN:
Aramburu, Ross, Ellman
Littman
Tayer
Minutes No. 386 - Page 2, paragraph 4, name corrected to Jim Mealey, Page 1,
paragraph 5, name corrected to Roy Jasek. Page 4 under Residential Develop-
ment Board, second paragraph to read ,~ suggested alternative would be to
have the Residential Board r~~presentatives develop annual growth quotas for
each area letting the individual areas work out the quality and location
of each. The last sentence in saie parag=aph to read "...Cahn/Lewis Project
which yielded 43 points ~aGed upon the propoqed scale.
Third paragraph, third sentence should read "Littman stated that the County
could do it without este.blishing a Board and also noted he was impressed
with the City Attorney's lette!'."
Fifth paragraph, first line ''Ellman stated that representation could..."
On motion of Aramburu, seconded by Tayer, Minutes #386 were unanimously
approved as corrected.
IV · CONSENT CALENM.R
Councilmen did not have sufficient time to study item #7, Second Quarter
1975 Planning Projects and Activities, and it was ordered placed on the next
meeting's Consent Calendar.
Ross questioned the wording of #11, Senior Citizens Agreement, and the agenda
bill was clarified to read in Item 2 under Analysis '~eimbursement of $400
from the County of Marin and $400 from the City of Tiburon will offset..."
Aramburu made special note of Item 10 - Award of the MUlti-Use Path bid.
The low bid received makes it possible to extend the path an additional
1500 feet. It was decided to place Items 10 and 13 under Old Business for
further discussion.
Mr. Fosnot, Director of Community Development noted that the hearings in
Item #4 would be set for August 25 instead of August 11, because of an ad-
vertising deadline.
CITY COUNCIL MI1WTES #387
July 28, 1975
Page 1
Upon motion of Aramburu, seconded by Ross, the Consent Calendar, consisting of
the following items, was unanimously accepted as amended:
A. Register of Claims
B. Treasurer's Report - June
c. Set Public Hearing for Amendments to Section IO-4, IO-IO and II
of 9 N.S., Tiburon Zoning Ordinance
D. Acceptance of Grant Deed for R~JU.S.D. property purchase (Res. fF737)
E. Approval of Velo Club Tamalpai~ Tour of 11arin
F. Recognition of City Service - Phile~on v. Scott (Res. 738)
G. Acceptance of City Legal AdvertiJing Contract with the I~RK"
H. Senior Citizens' Agreement - Mar:n Co-Ordinating Council
I. Encroachment Permits
I. 2298 Paradise Drive - Fence Relocation
2. 9 Mateo Drive - Driveuay ApprQach
3. 104 Sugarloaf Drive - Drive~~ay Approach
4. 96 Sugarloaf Drive - Driveway Approach
5. 1895 Mountain View Avenue - Fence Reconstruction
V. Appointments to Boards and Commissions
At 7:50 p.m. the Council adjourned for Executive Session to discuss pending
vacancies and returned at 8:15 to announce the folliwing appointments:
flannin~ Commission
Board of Adjustments
Cultural Arts
Phil Bass
Al Barsimanto
Mrs. Dru Gensler
Kurtis Webb
Board of DesiRn Review
Parks and Recreation
Suki Sennett (Belvedere)
Mr. & Mrs. Ronald Rouda
(Belvedere)
Bill MCKnight (County)
Joan Bassett (Tiburon)
Nicholas Forell
Helen Sanford
Chuck Koehler
Leon Farle.y
The Mayor thank~d and named those who have served the City in some capacity,
noted there were still five appointments to be made and asked interested
citizens to be in touch with City Hall.
VI. Q!!estions and Comments - Public and City Council
1. Polly Smith, our District Represe!1~':ative on the Marin Municipal Water Dis-
trict brought water conservation devices to the ~ouncil and explained briefly
the use of the water displa.cement bottles and TNater saving shower head and
added that any citizen could obtain them by calling or visiting District Head-
quarters in Corte Madera. She noted the devices would also save money and
energy.
Littman questioned whether conserving water would only increase our rates in
the future, as it has this year. Mrs. Smith noted that the increase was due
to higher PG & E costs and that historically conservation was the cheapest
method of securing an adequate water supply.
2. Elmo DeMartini requested that a pedestrian lane and bus turn-off be placed
at the entrance to Hilarita. The Mayor indicated the matter would be referred
to Traffic Safety Committee.
3. Mr. John Drakin inquired as to the procedures necessary to report a suspected
illegal duplex existing in his neighborhood. The Director of Community Develop-
ment explained the process. Mr. Drakin then asked how Hilarita affects the
Tiburon tax basis. Mr. Tayer noted that the City receives about $18,000 in new
taxes from Hilarita, as it was government surplus property previously. Clarence
Bullard added that the Hilarita Project has considerable beneficial aspects on
the community, one of which is the land now available to the City for a park.
VII.. Reports by Chairmen of Commissions, Boards & Committees
Bob Fosnot, Director of Community Development, noted he had spoken with the new
Chairman of the Planning Commission, Al Kuhn, and as the Commission was now
reorganizing and meeting this week on operating policies, the report would be
deferred to the next meeting.
CITY COUNCIL 11INUTES NO. 387
July 28, 1975
Page 2
VIII. Staff Reports
a. Mr. Fosnot briefly explained the written memorandum on the progress of
the Abatement Proceedings on Illegal Dwelling Units.
b. Mr. Fosnot next commented on the Status of the Sequoia-Pacific Final EIR
and noted that it was behind schedule and would be received by the end of
August or early September. Staff will then review and make any necessary
changes or recommendations; Planning Commission will review it, and in late
September ar October it will be before Council.
IX. Public Hearings
a. Tree Ordinance - First Reading
ACTION: Ordinance passed 1st reading
(as amended)
File No. 4062
Mr. Fosnot noted that the revised tree ordinance was the culmination of nine
mo~ths review. The major changes are that the homeowners will be the major
conciliatory body prior to filing an application with the City. If an appli-
cation were filed, the Board of Adjustments would be the hearing body. It is
also recommended that a non-refundable application of fifty dollars be filed
with the City and the owner of the land on which the tree exists may pay up to
100% of the cost of any modifications recommended by the Board of Adjustments.
Littman questioned the current practice in Belvedere and whether the wording
was such that a SO-50 cost share could be ordered as before. In response to
Aramburu, the City Attorney noted that any changes would not have to go back to
the Planning Commission.
Ross moved the public hearing be opened, seconded by Aramburu and passed unani-
mously. Aramburu noted that it was not necessary that you have dialogue with
the homeowners but could immediately file with the City.and deposit the fee.
Aramburu introduced for the record a petition in support of the new ordinance
from Marinero & Meadowhill area residents. Littman suggested the section pro-
viding for Council be stricken and Tayer inquired if substituting the Planning
Commission as the appealing body would be acceptable. If an appealing body
did not exist, then legal action would be the only recourse.
Tayer felt reluctant to proceed without an internal appeal procedure and after
further discussion he moved the proposed ordinance be amended to change the
reference from City Council to Planning Commission in Section 15-23. Aramburu
seconded the motion and it passed unanimously. .
Littman then moved that "Planning Commission" be deleted. The motion died for
lack of a second. Littman then moved that in Section 15-22, Allocation of
Costs, the cost sharing be restored to read "up to fifty percent", seconded by
Ross. After further discussion the question was called and the amending motion
passed unanimously.
Section 15-24, Remedies, was next discussed. Littman felt that it should either
be eliminated or add that the violation be "willful". It was the sense of the
Council that the second sentence of that section be altered to read '~ny person
Wilfully violating any...."
Aramburu moved that the Ordinance be read by Title Only, seconded by Littman
and passed unanimously. Aramburu then moved the Ordinance be deemed to pass
first reading, seconded by Ross and passed unanimously.
VIII. Staff Reports (cont'd)
c. Traffic Safety Committee Recommendations
(Proposed No Parking Along Centro West
and Mar West Streets)
ACTION: Tabled
FILE: 5040.1
Chief Lafferty introduced the Committee's recommendations and displayed a map
showing the proposed meandering line. Stan Bala, City Engineer, explained the
different zones on the map and their relation to the meanderingline. Tbe
general effect of the line in this aroa would be no parking within nine feet
of the center. line as marked. There were some portions too narrow to mark,
but a No Parking sign would be posted; the cost for necessary signs along the
streets would be about $400. Ross commented he thought it would be simple, but
CITY COUNCIL MINUTES NO. 387
July 28, 1975
Page 3
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tH''c>,:::.:;nded by ac~,~ and p::.t3 'i.tr:\"l v.. '.nv~ SUp8.:,,:'J nt(~nden,t (,f 1"'1\101 i,,:;, Works asked
the Gounci.l to p~ocecd \)f'i. tsE;: g L:::.;L;,l n,;i~ 0';:nt;':f)~'Hi"itl''';';:~ ;,~:t the t~,~,;e llnd RO$lt
moved that stn ff p!'\:,;ps )~;; (ft ot"d:~ n:1, c..., p.::;t.' :-.ih:;,.i. ;,it thi n n1ne fer;; t (,) j:~,Hlt)
of a. lin~l d:htidi11g the w~,i"~$<'f:~~<(.: .:\:rt.l,l.nb',:rn:i. ~tnd P,t'H)s~~d
unani~mlaly _
'4
a.. ~~J:.,g~ul;1 ... ~~~~}~fLt.h ",,~~t:~_~;~~nr::i.PELl'l:J?~L~.E5:j:!:~
AC n:.oN
fl.C(;~P!En BID
11~lt"'Jl
~~"1Y01:' Elbr..;;,rn nct(~d tjr....;; th:;; ~}i3d\:~~ .::n.d fL,,?'C1"'l'{,ti,:..
ma. tter and recot'il''mEmd/;;,i 'f 11n t ~'L:: ~~i
pa. tll as funds a 110\'" ::;;~j;'r'
Interested in stairs to ~h~ be~~~ n~J
A\fent~e in a di.f.fcl.".;;:nt ~;nTm.et::';:
a.nd pedcstr:tf~n pnthG 3(-;PtU,:,;,t;,;,d.
would not .allow ciJm-pl,2',tton. to S;~h r;}:~J'h;j
asked the Council to dJ:fiCU8S lL,:: r:l,l,~:t,_.i,.
plnined the nddi tlCHI.ill e(~!: Cf~
He noted that unit prices by
moved ~a accept the: j.G~"' bi.6
u:14uimou$ily. 1".::~.y,;;:n':" thi,"t:; !!~ov4.:d t4r:.
an extension utfl
ation providing for
Commission for revi~~ ~nd.
Berg noted t:he~e. pl~r~~
of the eost factor~
thti!.
btd
d i ~H'U,'fi sed thu
~.J.nd, <;)I;,tc.nd the
{: ';,:}ttrr: ~".:J
(l,;j.S
nct{ld that i:::hc CG1.mnJ.,~~si0n Wf~a aJ.Go
~ t Sn.rt Rafael
to 8C8 the bicycle
tv.) t(::d the t funds
strip were used and
1'!U';i; p, ;], cd (~)i>
a pl~rting s~rip~
L 1 ttm~n
~ b':/ A!'ami:H.Jx'~ and p,'ls6ed
to prep~re pl~ns for
~: 11 ,,;(:1 rud (1::' ;;; 'i rc~~~. fl~ .> (!.fa 41~Q rna t l \~e a iSe pe. r...
ta the ?~tks & Recreation
Cit.y , 3~cQn~~d by Littman. Mr~
~~ketch('::Jt :'"i;nd LV:.1 t: ha't'd 1 ir~0; drsr\.,j.ng~ becau~e
;i'"..
it ~p~~:c i
€;C,.
lUi'!i'\-:
RQ35 a$ked to ~ee a P &
:etAYCt' Ellman added that
whieh will be di~c\lS~'i;;;d
~1 ~~l r 3 t:2.:H~
AanC8 Into copsideratlon.
a:lilt af prioritie~
JJ' prcp,~tln?;
t~rxt tili::>.n.o::;h".
b" Extension of:1\";lt1."'U'sc ~'$tbt';o;:k
~~~~'Oido4~,.>;r.::!.tr..(;I.~:.~<>'>"~..;~~..~j""'Io~.:r'-J(}-'"""~;,,,,,,,,,,,'!''''~<e';4;~'''
;~,C'T'J~(\N: F.ES01.J)'rI:ON :7:39 ADOPTED
r :n,,~ " 30 10~-';3
l'he Admln1~tr.at;bj~: A~J.j;;~~~<!"r"t
development portiD~ ~f ~t~
~ction on th~ pcs~1JiiA;;
~n.lQ.8 cannot' b$
~t~d:tt;J,D<<~1~ tund~ fo!" the
t~~'? r'r'~(..duti.on prl,;J'!t t,o
~th~ f.!~.t\. .ei;.t!d~.e,.J~' a.dded th<'!t these
t.~. ~;..
'I:h~ 4ue $ t io n. ~~'a ~
v
l "'Tt\:":~ ~:; ,,:'ind ~J.ntsJ,:d.mo.J!ly '"
Ross then
?~:tnage1: tc ~
pa ~H~ed
:~ .J
'>l'H'S~ci ,1,T\',u,.1H$U"hJ:ri".ed th<:.~ ~(l.y()!~ City
';JJ;C .)i': ('t<1]. f;;Ytt\::8 ~ :ie(~,:)nd~!,~l by 'raye~ and
},wi';", ~
b.. AMENDMENTS to 'XH~~
ORDINANCE (Section
lu,,:~n:,)
a
ACTION: PASS&I) FIRST
! ;)" '!.J. (D; REt\lJING Am:;h'1JED
FItE: 91502
'!be XU-rector l~f CotmlGnity'
Zoning Ordi~~nce End
open~df ~econd~d by
A rambiu;umoved the
n~~ proposed ~~~nclm~nts to the
r,?u)t'i:f~'j:n{,"i,ti(.'n2;, Rr:t'":. ~{~"n,..;~d th.e public hea.ring b;-~
:"H'vinl":ri".\;~..i;.;lv j 1t~*;;rl~ beinn; 1lt;) public. (;c~nt:s
~: ,t.c::;:;.,:;>:L" ~:;{~c\;~~J~~d a~13;:,; DI~d pa,;$5ed ~..m.ani~i$ly {J,
}...id:tu~r~n noted ~l $t~'v~:~l'7nJ q~J"~;H-:'~D',lf,. i)'I'f.e 'of
In an Rl'D zon.c:\l the tfU:1t,t:~'i." ..,,~\,;~~.H.St;:.'...S~iA!
amended to read H ,. . 'Jsho 11 ~~ S fi e r:
un4nimotaGly" Tlu;; deiin:l\::t<j;'\ ,:.;q' u;~; t 1(-
intent of including withiG tb~ ~;
or the 6me.udme'P.tB hy f;;11;?; Dt r:~(; t(~t
Ordinance be re~d by nux' l.,)~;,
fi.rst readir'ig~ ~~(>~'r~di,;;;d :~.r:',~ 1\~tL;
th:;:!n th.:;:o 2U fcot h,eight 11~itaticI'1
t!;iJ,)v1d ~;h,~~: S~C t: ion 1"4(D) 2 be
S~;H;',o([~d~d by Ross ~n.d pa!ised
C;Ui;~!j rlot1.t'cl a~ '{;j~'11 a.s the
~~(.'i1Mi n~ fuxthur e:$l:}:}l,snati()"
j A.~QJnbu.~ mcnJ:t~d the
be decmed to pa~s
-0..
APPEAl., 01]'
()ff';
r:.)!{"!J ir~l~" "~
rt1~. t<'~[ 0
-~.l! r~ ~ ~, ,~(lJ~
~CT!0N: C\~rruled Board
dacision re fence color
6;r.e:~lUh,%'!d.tted reduced
C~,'l,!~yn d~,~sign to Bo~u:d
J.. K:rupj.}, AppelJ)'llt~t'
:t'ht~ Direct-ot"
th€! Boa rd 0 f
be pail.lt:.ed,
tI!Z)\J;ed.a Mr 14
C(1itnt'n,;,!) 7 1: Y v': 'VI-;'':;;. ;~Vi";l'}. ,'f r ';s;;\;' ~ . ,it.;
Ad i us t;1K~n ~':r~ ;}1 i'~ ,'f !1C;:; ~~0.:t~,~l >.;~ t:..
aJ.lo~/J:tng tJ. V(H~u~rlt,G 2y( t..:;(\ f( u,,' fOD t
'KY"J..PP,)l'.3 ,,;'c,~''':(JitU.:? {'....t'.r.,~. (V.';'~:"1~ :,k
the-. ~a~l[: tnld noted that
ttt.~' t the ~u.b j ect ft.;~nce
l'! ,:'.ld ,:;1rch~YaJ te !,fe."
l~;.;ioD" All fences in
f. 'f 'rY r: {fif if U': ^. f i
'W;". ""'.' 3"
I,; ..0\< '. ~\;" ..' .,'
, ..' , ..'lI' . '_
"f; '~ ~' :...~ ? .It _ 1 ~~', ~t S
- .;~:.~~~";~~j'
Tiburon must go through the Design Review Procedure.
Ross moved that the Public Hearing be opened, seconded by Littman and passed
unanimously.
Robert Nelson, attorney for the Krupps, explained that personal esthetic values
were the primary issue. His clients objected to the requirement to paint the fence
black or a dark color as the galvanized grill-work fence matched the house and
would turn gray with time. He felt it could not affect property values or the
welfare of the community. He showed Council photographs of the fence and archway
in question, and of neighboring fences and archways.
Mayor Ellman asked whether the fence was constructed with proper buidling permits
and found the contractor did not obtain them. The Mayor asked staff if complaints
had been received and they replied yes. Tayer asked if any citizens opposed to the
fence and archway were present and they'~ were not. Aramburu added that had numerous
conversations with the Krupps and noted that this was not a typical Tiburon fence.
Tayer questioned the practical purpose of the archway and was told that a lamp had
been placed within the archway.
Aramburu moved the public hearing be closed, seconded by Tayer and passed unani-
mously. Aramburu moved that the Board of Adjustments decision with respect to
conditions concerning painting of the fence be removed, seconded by Ross and passed
unanimously.
The second issue was then approached with Aramburu moving that a variance be granted
for the archway to stand as constructed, seconded by Ross. Ross noted that our
Ordinance does not address. arches, a~that they are the celebration of entrance
to a man's property and Tayer noted perhaps and amendment to the ordinance is then
in order. Question was called and the motion failed by the following vote:
A YES :
NOES:
COUNCILMEN:
COUNCILMEN:
Aramburu, Ros s
Tayer, Littman, Ellman
Aramburu then moved that the archway be allowed on a reduced scale, seconded by
Ross. layer questioned the regulations concerning a house within thirty feet of
an intersection and learned that in this case it depended~efinition of an inter-
section.
Littman made a substitute motion that the Council allow for a "gateway" not to
exceed six feet in height provided it be approved by the Board of Design Review,"
seconded by Ross. The motion passed by the following vote:
AYES:
NOES:
COUNC ILMEN :
COUNCILMEN:
Tayer, Littman, Ross, Ellman
Aramburu
D. CONSIDERATION OF CAHN/LEWIS MASTER PIAN APPROVAL
ACTION: Ord. 161 N.S. passed
with amended Master
Plan Text.
FILE: 47409
The Director of Community Development explained that the matter was up for second
reading and that a conference had been held on the phasing of the project with
the resulting changes suggested in the Master Plan Text under Phasing:
Mr. Cahn, the developer, noted that it would be impossible to put all the units in
Phase I of the Master Plan. Mr. Fosnot added that three phases with specific
numbers of units proposed for each phase would certainly be acceptable. Mike
Berline, the architect noted that they wished ~o develop these units as a group
which fall within specific watersheds and will abide by Stan Bala's decisions.
As an experiment they have agreed to attempt to bring clusters of homes before
the Board of Design Review for approval following oonstruction commitments.
Aramburu moved the public hearing be opened, seconded by Tayer and passed unani-
mously. Mr. Cahn ~gain mentioned they were asking for three phases. Littman
added he did not object to the performance phase but objected to allthe Design
Review being done at one time as a condition placed on the developers.
Aramburu noted staff had originally recommended 26 units and wondered how that
had evolved into twenty-nine? Mr. Fosnot explained that the developers had pro-
posed thirty-one units and the figure of twenty-nine was arrived at as a compro-
mise with the staff recommended figure passed over.
CITY COUNCIL MINUTES #387
July 28, 1975
Page 5
Mayor Ellman noted that the Sanitary District had written saying that only twelve
permits were available. Mr. Cahn noted he was aware of that and that they would
either continue bUilding as permits become available or hope to amend the number
by using special water=conserving devices. 1ayer said he felt the approach of
clarifying the units was important and moved that the Staff's recommendation be
a~ended to read, in paragraph one, "...into the Miraflores Watershed, unless the
City Council approves otherwise based on the recommendations of the City Engineer"
and then further moved that the three paragraphs, as amended, recommended by staff
be substituted for the existing three paragraphs in the Phasing Section of the
Developer's Master Plan Text. Ross seconded the motion and it passed unanimously.
Aramburu then moved that the Public Hearing be closed, seconded by Ross and passed
unanimously. Ross then moved that the Ordinance be deemed to pass second reading,
seconded by Aramburu. _
fivN,,--.rn.4 IV
Mayor Ellman an~ittman questioned the dedication of land for public use and learned
that this comes under the Precise Plan stage. The City Attorney said the ordinance
would have to note the Master Plan had been revised this date. Question was called
and the motion passed unanimously.
E.
ORDERS TO SHeW CAUSE
a. 2379 Paradise Drive, Darryl Gisvold
ACTION: New Public Hearing to be set
for Violations to Bldg. Code
FILE: 752ll
Mr. Fosnot noted the history of this matter. It came before Council as a follow-up
to the June 9 meeting ~~e the building was to be inspected to see if existing
Code deficienc~es were met. The unit is not rented. Elmo De Martini noted that
the structure was in violation of the Uniform Building Code and did not meet the
definition of a shed. Mayor Ellman noted that building permits were not obtained
three times during construction of this lot. Ross did not like to act on the matter
without Dr. Gisvold present. Littman felt it should be put on the agenda as a
separate matter as an Crier to Show Cause for violation of the building code and
not as an illegal dwelling unit. Mr. De Martini noted that the structure has
indeed been rented as a third unit in the past and that also ~e windows were in
violation of the Uniform Building Code and the structure wa~~checked by the Planning
Commission or Board of Design Review.
Ross moved that we set a new public hearing for Orders to Show Cause on the resi-
dence at 2379 Paradise Drive because of Building Code violations encountered in an
inspection of the property, seconded by Aramburu and passed unanimously.
b. 2295 Centro West, J. Bellinger ACTION: Resolution No.. 740 passed
as amended, calling for
abatement by 2/28/76
FILE: 75214
The Director of Community Development noted that the lot was restricted to a single
family home and that the current owners were aware of this when they bought it.
Ross moved that the Public Hearing be opened, seconded by Aramburu and passed
unanimously. Louise Mirata, neighbor, asked that the matter be cleared up soon.
Mr. Bellinger, owner, noted that he and his wife lived in the studio in the base-
ment and rented the upper portion but did not intend to stay a long time and just
wanted to get a business and family started. Mayor Ellman mentioned it was unfair
to neighbors because of the added income and taxes. Aramburu moved the Public
Hearing be closed, seconded by Tayer, unanimous.
Littman moved that the Resolution be passed and amended to read that the nuisance
be abated no later than February 28, 1976. Passed unanimously.
c. 761 Tiburon Boulevard - Joe T. Kims ACTION: Resolution 741 passed
amending ordering abate-
ment by 2/28/76
FILE: 75207
When this came before the Council on May 12, Mr. Kims was given 90 days to try
resolving the illegal situation. It was found he did not have enough square footage
to subdivide the lot and requested that the matter come before the Council for
resolution.
Ross moved the Public Hearing be opened, seconded by Tayer, and passed unanimously.
Mr. Kims requested a one year extension and Mayor Ellman inquired as to what
action would be taken in that time. Mr. Kims replied that he would attempt to
acquire the needed square footage from neighboring properties. Mr. Roger Cook, a
CITY COUNCIL MINUtES NO. 387
July 28, 1975
Page 6
party inte=ested i4 buying ~he p~opcrtj exp4eseed interest in an extension of
time.
Littman moved that resolution 742 be paGsed and amended to allow for abatement
no later than Feb~uary 28, 1976, sGconded by Taye~ and passed unanimously.
Na t Marans asked \iJhc th8'~: M:r. I~::'rr..8 diU. not :-cce:1;'!i'3 ~,omc money back when Council
ordered investigation and pOtJ:Jible abr~temen~:. 1-:-';:0 Rims replied to Council's
inquiry that he did not 2:ecei 70' p.ny l'ef~lnd. 'l'ayer' asked that we be certain
this Reso1uticn f01" aba tement W2.8 rec( rd8<l on th.:: property records.
Aramburu moved the public hca:::ing be closed ~ oe(~onJ0.d by Littman and passed
unanimously.
d. 1885 Parf'.c.:i.sc: I<:;.v:: - Old s:'~' 11:e~h:3.,1:=.cG' BIdS.
ACTION: Continued for two
weeks for sub-
stantive renovation
plans 0
It was noted that chs OF!.1erS of the property are leoking into the possibility
of renovating the stl't1.ct:~~:'e and lla.,,-c c.d-:eC:: fo::' ~L.a8 to p~cpa!:e plans and cost
estimates ~ The City 1:~~n;::.ee~: notecL ~hi.1t ab.:.tement does not necessarily mean
demolishing, but the e}~i8ting r.u.isancc must be co~rected~ Littman moved that
the Public Hearing be opencd~ 8cconccd by ArambGru and pas3ed unanimously.
Several residents noted the'.~: the bnildj.ng w.:'ls :i.ndeed an attractive and dangerous
nuisance and any effo:rt[, to 82V-: i':': Gho~I.c1 h~.ve bee:l mc:'~dn long ago. The Admini-
strative AssistEiJ.t added tnn.t the. Ch.:r-.l'0er of COmrn3J:ce ~tJ"as interested in clearing
out the entir~ aree Hroun6. the tn:l.ldi ;lg also.
Tayer moved the Pub1ic l~e['.::lD.G be cia Jea, eeconded by A!'~.rnburu, and passed
unanimously.. ROGS mO-.J~d tb:lt the G':'.~ ~:Qr be conti.nued to the next meeting with
staff obtaining '~:efi0.it:i..ve i?12~.r. fron the 0':'1ner; oeconded by Littman. Aramburu
required 'toJhether an E!:.? would be n~c(~s2."Z:Y to te2.r dOHn or improve the structure.
The question wa.s eal.:Lec [lPcl pi!3Seo. b~: the f.oJ_l.mJin~ votP.:
AYES:
NOES:
COUNCII.J}'f".EN: lU:;".':',lbU:;::l, B.C'F: ~, T..i t tman;l Ellman
COUNCIL;;1S~T: ?aynr
..I~ "._ n
cr-.,i) ::.iT :T:1C'~;S
..----... - ...-..
A. Esper.c.nz.1. Lan~_~.2.!;1~ A( TIU~i: Resolution 742 expressing
~?oJ.ic, Statement of Council
re3r'.?:'ding path.
Councilma.n R03S int::-o-J.nc':.d ~ ::000:......~.':-tor'., ,,~_ ?oJ.iry S';:T~tenent of the Tiburon
Ci ty Council ~0l1C81~';:~.n3 :~~V~ p~oJ?cs:;.3 E5'i?er.[".n~~a j:..;-:.:&'1';, fa;: the Council to make
known its intent ~:o (1.~~.\>'.~lop 2. rC".~~t:i.~?U'i.'pC;1e pr'.th for. pedest:t:ians and bicyclists
on the existing right:-of""i~-3.J" i..~'~ tI1.p. 88.1'liest opporte=.ityc
The City Msnage:'::' Eotec1 t!~.(?!'c \7;:;.;"'. [.J.n access 8.ncl ~ost pro~lem with Esperanza
Path. Th.e Parks F.!l2 Recre~tio:\ C'):71mission h.:.1.8 p;:opose.d n dual path which
the City Engineer p.s~~;im:3.tc:.~ l:ould cost $:i.lt,OOO .. $15,000" Littman moved that
the proposed ;:-escl1.!tion ec amer..ded to read If" 0 . t~~e Council ,{l7ishes to make known
its intent to ~~.~:~:E.-!~:.::_ dey~-..1opment of a c-.dti-purpose path...."
P & R Commission Chaii.san Berg noted that a metes and Gounds survey of
Tiburon, in~luding the. are.a fo:;:- the patl-::':~':,a8 i~~ number one priority of the
P & R Com:nis~:i.ono c~;. ty Attorney add.ed ::hat perhnps we might ~7ant to have a
survey made of the arp.~.
The question was eallci ar.d. the ~otion passed un:!nimously.
Mr. Walke~ i:.1~uirec1~::: to the nex';: step and Rose aL~l':ed h5.m to work closely
'{..]ith Gary G:rE~Y o[ the P t: R Corx-:r::_os;'on.
B. GE~~l\.L PIAN _9IR\~Ul#. TI-Q.~_[1..~r:~~.Jt
ACTION: Continued to 8/ll Mtg.
C. IlIIARITA (Ag!,p..E.:Jlt~n/: fo~: Fi~::a:i.
Occupancy with COi1nty !.~ousiD.g .l\.U.~"o::~.ty
and TEA)
)..GTION: Resolution 743 passed.
1- ~~ R Commission given 2
,,;-;reeks for study of old
buildings.
FILE: 3000.4
A resoluti.on is b~fo:.-e the Coun~~::l to ~ri~cnd the ?esolution regarding final
occupancy of Hfl.s.::-it2. r..!~2 f'.::.lo'.;' t!-..~ :::8i.TI?i.nin3 51.. of ',':he ,':aits to be occupied
follo":'!ling -"1n ;-.:.greerr..ent '.~":i.th thr: t~o..u:::,- ;:..;~.ning A~~:~o~it.,:" and TEA..
r:IT:~ CI)7,l:C~~j. 'T\f;"N'CT''..S
.juiy 28, 1975
P:1ge 7
The Parks and Recreation Commission last week passed a Resolution asking
for ninety days to make recommendations on the use of the old buildings
after the posting of a bond covering demolition costs.
The City Manager noted that reconditioning and future maintenance costs
would be prohibitive. Mr. Berg of the Parks and Recreation Commission
countered that volunteers could be obtained to do with work if the City
supplied the materials; he felt the buildings were needed as a home for
Boy Scouts and other community activities.
Mayor Ellman added that ninety days was too long and Aramburu moved that
Resolution No. 743 be passed and Council authorize the Mayor to sign the
agreement with TEA and the County Housing Authority and have the Parks
and Recreation Commission report back at the next Council meeting on
any definitive finds and recommendations.
Mr. Herb Beckner, Commissioner of Boy Scouts for the Tiburon Peninsula
and Mr. Bob Fischer of Marin County Boy Scouts were present and noted
that the Peninsula Scouting Program could certainly make use of the
building.
Question was called and the motion passed unanimously.
XII. NEW BUSINESS
a. ADOPTION OF 1975-76 CITY
MANAGER SAIARY
ACTION: Resolution #744 passed
File: 1010.1
Aramburu noted that a 7% cost of living raise plus a 3% merit raise
would bring the City Manager's salary to $2165 monthly - 6th in Marin
County. Mayor Ellman had made a correlation of populations and City
Manager salaries and noted that with the car allowance perhaps a month~y
salary of $2105 would be acceptable; Tayer concurred.
Ross moved that the City Manager's Salary be established for Fiscal
Year 1975-76 at $2165 per month or $25,980 annually, seconded by
Aramburu and passed unanimously.
b. CAL/ 'mANS SURPLUS PROPERTY
(Richardson Bay Park
Acquistion by City)
ACTION: Authorized City Manager
to continue sale nego-
tiations with CAL/TRANS
The City Manager reviewed the GAL/TRANS offer for sale of the 43.6 acres
of surplus Richardson Bay property. There were discrepancies in the
original acreage figures which resulted in a different value for the
land. The CAL/TRANS asking price was now $248,000, rather than $290,000,
with 36% dowu"and balance-payable over'10 years at the current FHA rata. He
also suggested we approach the County for for assistance with their Open
Space funds.
Aramburu suggested the Mayor contact our State and local representatives
and attempt to obtain a reduction on the purchase price or interest.
Littman moved that we take all steps necessary to acquire the property
at the earliest possible date, at the lowest possible interest and lowest
possible price, seconded by Aramburu.
Tayer inquired as to the ability to use our Open Space funds for the
purchase and was advised by the City Attorney that it would be in order.
Question was called and the motion passed unanimously.
XIII. COMMUNICATIONS AND CITY MANAGER ITEMS
1. The City Manager said he had received word that portions of the Net
Depot were being declared surplus and would agendize the matter to
determine the City's interest.
2. Ross requested a map be made of our current Open Space Lands.
CITY COUNCIL MINUTES NO. 387
JULY 28, 1975
Page 8
XIV. EXECUTIVE SESSION
Council adjourned at 1:00 a.m., Tuesday, July 29 to discuss pending
litigation.
XV. ADJOURNMENT
There being no further business, the Council adjourned at 1:15 a.m.
APPROVED BY THE COUNCIL ON:
r, /2 1975
( ,-' / (',/ /
--- ,'f f
II! I
I (" J'l (1'
I. ,,,,' r,
,.. /. () .')I'~ /.' '\;{' ..Cl.",
'L., . ( J, " ,,\. h. /
GE0RGE ELLMA , Mayor
CITY COUNCIL MINUTES NO. 387
JULY 28, 1975
Page 9
:CORRECTED MINUTES
CITY COUNCIL
CITY OF TIBURON
I. CALL TO ORDER
The regular meeting of the City Council of the City of Tiburon, State
of California, was called to order by ~1ayor George Ellman at 7:36 p.m.
on Monday August 11, 1975 in the City Council Chambers.
II. ROLL CALL
PRESENT:
ABSENT:
COUNCILrmN: Ross, ~ayer, Ellman, Littman (8:02 p.m.)
COUNCILt1EN: Aramburu
EX OFFICIO:
R. L. Kleinert, City 1"1anager
s. E. Lichlyter, Administrative Assistant
R.E. Fosnot, Director of Community Development
~artha Mullin, Associate Planner
Stan Bala, City Engineer
Richard Breiner, Deputy City Attorney
Lou Brunini, Superintendent of Public works
Lt. H. T\1anick, Acting Chief of Police
Joe Reeves, Building Official
Peter Berg, Chairman, P&R Commission
Al Kuhn, Chairman, Planning Commission
Luella Bennett, Actinq Minutes Clerk
Mayor Ellman announced that former Councilman Carlisle Becker is
leaving Tiburon for a new professional assignment in Utah. In recog-
nition of his service to the commun~t~~~~or Ellman introduced and
read Resolution No. 745 commending arl1~ Becker for his community
service as a member of the Tiburon C~~~_fQPnyilc~ wished him well.
Regardless of his permanent address,r~~1~always be a citi-
zen of Tiburon. On motion of Tayer, seconded by Ross, the Resolution
was unanimously adopted.
III. APPROVAL OF MI~nJ'rES
l'vtinutes No. 387 - Page 5, paragraph 7, line 4, corrected to read "\in".
Page 6, paragraph 3, first line, the word "Councilman" inserted af~er
n r1ayor Ellman and . . . n . Page 6; paragraph 5, next to last line, the
word "not" inserted after "the s.tructure ~r1as ...".
On motion of Tayer, seconded hy Ross, r~inutes No. 387 were unanimously
approved as corrected.
IV 0 CONSENT CALEl'lDAR
Tayer moved, seconded hy Ross, that the Consent Calendar, consisting
of the following items, be adopted; the motion passe0 unanimously.
A. Contract Renewal with the California Highway Patrol for the
Abatement of Abandoned Vehicles on Private Property
B. Set Public Hearing for Order To Sho~ Cause (August 25, 1975)
Darryl Gisvold, 2379 Paradise Drive- Building Code ViOlations
C. Second Quarter 1975 Planning Projects and Activities
D. City's Health and r~edical Insurance (A~endment to Exhibit D,
Resolution No. 736)
E. Notice of Completion (Overlay of Har West, Solano and Spanish
Trail)
F. Encroachment Permit (33 ~1ark Terrace)
G. Award of Contract on Centro T~est Retaining Ball
v. APPOINT~mNTS TO BOARDS AND COW1ISSIONS
Mayor Ellman appointed Dennis Rockey to the Parks and Recreation
Commission and Ed Engoren to the Tiburon Peninsula Arts Commission.
The Mayor noted that suggestions from the puhlic for the two re-
maining open positions on the Arts Commission would be most welcome.
CITY COUNCIL ~1.INUTES # 388
August 11, 1975
Page 1
r1ayor Ellman then announcen acquisition by the City of the 12.8 acre
central peninsula site formerly owned by the Reed Union School Dis-
trict.
The City Manager introduced Joe Reeves, the City's new Joint Building
Official and Lt. ~1ike r.1anick, ~Jho has been appointe~ Acting Chief of
Police.
VI. REPORTS BY CHAIRr1EN OF COr1MISSIONS, BOARDS, COMMITTEES
1. Planning Commission
Chairman Al Kuhn reported that after the new Commission's first month,
a concerted effort is being made to reach a goal of greater accom-
plishment. The Commission is recommending to the City Council
through the Staff a series of priority projects which include the
following: review and re-writing of the Downtown Plan Text; re-':.~
writing of the Circulation E1ement,which is tied in closely with
the D6wntown:Blan~ ~the'Richardson Bay Lineal Park, on which the
Commission is working under the supervision of the City Manager,
and a specific plan for 1vtar nest, TPC and Old St. Hilary's, with
some special emphasis on a plan for the marshlanos. On the secondary
priority list are lighting r1ain Street, priMarily the now dangerously
under-lighted Ark RO'1, Interim Downtown Plan improvements, on which
Hal Edelstein and Joan Bergsunn have alrea1y mane substantial pro-
gress, and downtown parking ordinance 0
Further priorities are an updating of the Open Space Acquisition pro-
gram, location of a new City Hall and study of the noise element.
Also, study is planned on drainage problems, water-oriented '~alkways
and causeways, and a linear park in ~lackie's Pasture. ~~r. Kuhn
stated the Commission intends to work closely with the Parks and
Recreation Commission and staff plans to delegate specific projects
to various Commissioners with the goal of making tangible accomplish-
ments.
~1ayor EllMan inquired whether any specific dates have been suggested
for a joint City Council/Planning Commission meeting. Director of
Community Development Fosnot replied that a date after Labor ryay
would insure most Commissioners and Councilmen being present.
Tayer commented that the joint ~eetinq should be set for study of
specific problems only. ~1ayor Ellman asked if the Downtown Text
could be ready for review no later than October 15. Kuhn assured
him the text would be ready for the Octooer 14 City Council meeting
and ~1ayor Ellman noted the joint meeting couln he set for a time
shortly thereafter.
20 Parks and Recreation Commission
Chairman Peter Berg stated he Nas nON ~vorking ~"Ji th a very neN Com-
mission as a result of three resignation and new appointments. ~erg
noted that at their las~ meeting they found the proposed bicycle
ordinance to be compatible "'Ti th other or0.inances.
On the Hilarita salvage plan, Berg staten they had been given two
~~1eeks to draft a proqram for the usage of one or more huildings of
the old Hilarita Project. He presented an outline of proposed usage,
including a Boy Scout meeting place, hohby center for adults, com-
munity center for Hilarita resi~ents, classrooms for Yoga, slimnastics,
art and dancing, lecture rooms, garden headquarters, and especially
for Parks and Recreation Depart~ent headquarters and recreation
equipment storage.
Berg note~ that since there are insufficient funns to build new rec-
reational facilities, the only plausible alternative would be to
renovate these buildings with help from volunteers to bring them up
to code.
Littman asked the cost of the present recreational classes held in
the school buildings. Berg replied it was about $100 per month, but
that these classes could be transferred to the Hilarita facility. It
~~as noted also that a condition of final occupancy of Hilarita was
based upon demolition of the old bui1dinQs, l~ith a deadline of October
30 for such action. Kuhn noted this area had been originally ear-
marked for open spaceo August 11, 1975
CITY COUNCIL ~I[INUTES Page 2
The City Hanager stated the City has until August, 1976 to exercise
the option of purchasing the land for $36,000 funded by the Com- ~
munity Development Block Grant money. He commented that the cost
of renovation seems to be under-estimateo by the Parks and Recre-
ation Commission when it is considered that two years ago the
Housing Authority budgeted $5000 per building to replace wiring
only in the buildings and floor heaters. The City r~anager advised
there were sewer and sub-founnation problems, as well as limited
access to the buildings and lack of parking spaces.
Littman pointed out the follo~7ing: (1) the Hilarita matter had
long been a controversial project, due in part to the land having been
originally planned for open space; (2) question whether there is
a real need for these facilities in that area when present arrange-
ment~ with the School District are adequate; (3) the buildings
look deplorable and are in deplorahle connition, and (4) the cost
would be well over $100,000 to renovate. He concluded that the
buildings should be torn down. Tayer added that with the time
pressure for demolition, it seemed impossible to go any further with
Parks and Recreation proposals at this time.
Ross moved to order the Housing Authority to proceed with demolition;
seconded by Littman ana passed unanimously.
Berg further commented on the Parks and Recreation Commission's re~
quest for a survey of property on Esperanza Lane and proposed that
further studies of types of paths be held off until ownership of
record is established on the property. Littman noted that an esti-
mate of costs should be presented first, and if the costs were too
high, there would be no need for the survey. Rala concurred with
this opinion. ~ayor Ellman said that consideration of this matter
would be continued.
Berg then outlined the Commission's recommendation for the exten-
sion of the Multi-U~e Path aJ.ong Tiburon Boulevard. He reported
also that the Belveron ~1ini-Parks dedication has been postponed until
acceptance of the grass condition by the City Engineer, but said .
the Park will be open for use by children upon completion of the
access gateo He also described the various recreational activities
now in progress for the community.
The City Engineer stated that work on the r~ulti-Use Path would be
starting Tuesday, August 12. He presented the following for con-
sideration by the Council, one of which was to be acten upon at
this meeting: Scheme No.1: to extend the f-1ulti-Use Path to San
Rafael Avenue and provide a 2 ft. wide divider strip. Assuming a
5% contingency factor, the cost woulct he estimated at $3600 higher
than the present allocation. Scheme ~o. 2 would be to extend the
path to San Rafael Avenue with no divider strip. Assuming again a
5% contingency factor, the cost would be $1900 above the present
allocation. Scheme No. 3 would extend the path with 2 ft. divider
strip to 350 feet short of San Rafael Avenue - on this no extra
money would be needed. On motion of Tayer, seconded by Ross,
approval of Scheme No.1, was passe0 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILHEN:
COUNCILHEN:
COUNCILMEN:
Tayer, Littman, EllMan
Ross
Aramburu
RECESS
The Chair declared a Recess at 9:10 p.m., Council reconvened at
9:21, the roll standing as originally noted.
VII. PUBLIC HEARINGS
(a) REVISED TREE ORDINANCE
(second Reading)
ACTION: Continued to next
reqular meeting
Director of Communi ty Develo"nnent Fosnot introduced the Item. The
Deputy City ~ttorney asked that the last sentence of Section 15-19
CITY COUNCIL MINUTES
.l\.ugust 11, 1975
Page 3
be deleted and a new sentence be inserted to read: liThe Board of Ad-
just~ents shall hold ahearing on the report l~ithin 60 days after it is
filed. II He also suggested the word "applicant" after "non-refundable"
be deleted in the third line from the last in Section 15-18, and that
the word "and" should be inserted on the fifth line from the hottom,
Section 15-18, before the '^lord "appropriate".
~ayor Ellman declared the public hearing open and asked for comments
from the public. Inquiry was made as to ho'~ many cities in Marin County
have tree ordinances, to which the Deputy City Attorney replied that
Sausalito has one and Belvedere is working on one.
To the question why a revised ordinance is necessary, ~1ayor Ellman res-
ponded that conciliation on several matters could not be resolved with-
out taking the matters to 'tIle Board of Adjustments or the Planning
Commission, and some had continued for two or three years with no
apparent hope of resolving differences without litigation. Dr. ~ein-
stein questioned the benefits under Section 15-23, noting that in the
case of a home owner who did not plant the trees, there should be no
reason for him to be liable for 50% of the cost.
Mayor Ellman declared the public hearing closed and asked for comments
from the Council.
Tayer suggested two changes - correct the spelling of "allocation" in the
title, Section 15-22, and in Section 15-21, third sentence, delete "with
the help of a landscape architect or equally qualified expert". Upon
motion by Tayer, seconded by Littman, the motion to approve these chang~s
passed unanimously.
Littman stated he believed the entire tree ordinance should he deleten.
ann with credit to Kilmer recited the following poem:
I think that I shall never see a law as lovely as a tree
And if we move to cut them down, tale turn our hills from green to brown
Thus let us leave the trees alone to grace the hills and mask the sto~c
Tayer moved that the Ordinance be read by Title only, seconded by LittrnLn
and passed unanimously. T~yer then moved the Ordinance be deemed to pass
Second Reading, seconded by Ellman. The motion failed by the following
vote:
AYES : COUNCIL~1EN :
NOES: COUNCILrmN:
ABSENT:COUNCILI'1EN:
Tayer, Ellman
Littman, Ross
Aramburu
Littman stated he wished to introduce a motion to repeal the existing
tree ordinance, No. 46 N.S. and asked if this could be considered a
first reading and a vote taken. Deputy City Attorney commented that T~~~
could be done but that a second reading would require a full majority
vote. Littman then introduced the motion, secondea by Ross, that an
Ordinance repealing Ordinance No. 46 N.S. be deemed to have passed first
reading. The vote was as follows:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT : COUNCIL~1EN :
Littman, Ross
Tayer, Ellman
Aramburu
The vote being split, the motion failed. ~vith concurrence from the
Deputy City Attorney, r1ayor Ellman then ruled that both the Second Readin~
of the Amend~ents to the Tree Ordinance and the First Reading of the ~~.
proposed Ordinance to repeal Ordinance No. 46 N.S. would he continued tu
the next regular meeting when full Council would be present.
b. AMENDMENTS TO TIBURON ZONING ORDINANCE
(Sections 6-31, 6-34, lO.4(d) 2, 21C,
6-69, and lO-7.l(d), Ordinance, 2nrl readng.
ACTION: Ordinance No.
162 N.S. containing
sections 21(C), 6-69,
& lO~7.1(d) passed.
The Director of Co~munity Development introduced the item which passed
first reading at the July 28 meeting with a change in Section lO-4(d)2
CITY COUNCIL MINUTES
August 11, 1975
Page 4
from a height limitation of 20 feet to 25 feet.
;
Mayor Ellman declared the public hearing opened. r~ike Berline discussed
the height limitation, stating there may be a need for regulations to
control the downslope massing of buildings, but he recommended further
study be given the matter. There being no further comment, ~1ayor Ell-
man declared the public hearing closed. There was considerable further
discussion and Mr. Fosnot was asked to submit graphic examples for study
and to make diagrmns of four or five cases.
Tayer moved the ordinanc~ be rend by title only including only amendments
to Sections 21C, 6-69, IO-7.I(d) cf the Tiburon Zoning Ordinance. He
then moved it be deemed to hu.ve j;;':.:.Js;:;d second reading. It passed by
unanimous vote. Sections 6-31, 6-34 a~d lO-4(d)2 were referred back
to the Planning Commission.
c. ORDER TO SHON CAUSE
1885 Paradise Drive
Old SP Hechanics Bldg.
ACTION: Res. #748 ordering
abatement passed
The City Manager noted that this was before the Council for final pub-
lic hearing but added that additional time had been requested by the
property owners for studying the feasibility of renovating the building
and to explore possible uses for it the~eafter. He recommended that
Council continue the public hearing to September 8 to allow time for
the owners to prep2.re und presenJ~ a proposal. flayor Ellman declared the
public hearing open.
Li ttman stated the bu:Ltoing shouia be torn down. f'~ayor Ellman read a
letter from Gordon Strawbridge giving reasons for recommending abate-
ment. There being no furthe:: CCT:jT:.~;-lts, the ~,1ayor declared the public
hearing closed. LitLl1::~n moved to adopt Resolution #748 ordering ab::.-~c-
ment; seconded by Ross and passGd unanimously.
VIII. OLD BUSINESS
1. CIRCULATION ELE~.1ENT O? GENERi\L PLAN
" .
ACTION: Continued to Joint
Planninq Commission/City
Council meeting 9/17/75
The Director of Comrnu~i-t1'" Devel:)}>.1cn.lc re"',j-ie\'7ed the suggested outline
briefly and suggested tl~~t CouncL~ indicate any changes Gesired to be
included in a ne~'7 dl.~iJ.ft +:0 }y.;; c;)n:;ic:.c::i.:eo. a"t the joint meeting with the
Planning Commission and Ci"ty COl..~ncil.
Littman questioned vih2t.Lcy the Circula.t: on Element's reference to re-
alignm.ent of Tiburcn BCL~ lcv.Clrd Y.7'Juld ii'i":-.8rfere wi th the EIS already
prepared by the High;;ay Dcpal:'t:r.ent, V1h(~i.:l1l3r secondary roads 't-!ould be
too '\Tide, and ~.'7hether a ~'i.dge rO<ld shonld be considered for emergency
vehicles and possibly bus use. The Director of Community Development
stated that realignment proposals would be summarized only. Mayor
Ellman suggested there should be consideration of power lines, TV
aerials, under-grounding of u"tilities, a~d buses, ferries, as well as
landing si tes for boats and harbor facili ties, pedestrian and bike pa~I-._
It was decided that further consideration of the Element would require
more definite proposals of these matters for the joint meeting of
Planning Commission and City Council on Sep.:::'c~.~-.bbrl.17, 1975.
2. HILARIT.A. PROJECT (Staff Recom-
mendations regarding Landscaping
Tree Removal and Drainage)
ACTION: Staff directed
to develop detailed plan
Associate Planner Martha ~lullin pointed out Parcel C on an exhibit map
of Hilarita as the area most in need of landscaping because of drainage
and erosion problems. She suggested seeding with n~tural vegetation
since there is no water supply to this area. She indicated that atten-
tion is needed for the eucalyptus trees along the roadway which kill
any vegetation growing under them; some should be removed and other
trees planted in their place.
City Engineer Bala indicuted the corrections necessary prior to final
approval would be cleanup, b~ckfill, constructing a concrete V-ditch
CI'lIY COlJNCIL HINUTES
August 11, 1975
Page 5
cleaning out of the concrete ditch northwest of the project and erosi9n
control for the area in Parcel B which has been regraded, recommending
hydromulching, straw covering and sheepsfooting. ~ro Nebig questioned
whether the use and development of Parcel B was treated in the EIR,
also whether a preliminary landscaping plan had been prepared for
planting trees on the perimeter of Area B.
~ayor Ellman noted that there should be immediate action on the serious
drainage problem and directed staff to propose detailed plans for '
future landscaping. He also suggested that community suggestions for
this would be welcome during the planning stages.
3. RESIDENTIAL DEVELOPMENT REVIEN
BOARD (Consideration of Proposed
Changes in Board Structure)
ACTION: Directed Staff to
request two weeks delay
from Board of Supervisors
The Director of Community Development introduced the item, indicating
that it is necessary for Council to determine its position and to ad-
vise theBoard of Supervisors prior to August 13, 1975, whether the
City of Tiburon intends to participate in the Review Board so that a
qesolution of Intention mny be adopted by the Board.
Mayor Ellman stated that further time was required so that a meeting
may be scheduled with the Southern ~1arin Cities prior to cominq to an
agreement regarding litigation, ~~ho pays, home rule, representation '
on the Board and other matters. He indicated that a delay of two weeks
should be requested of the Board of Supervisors for the City's report
on its position. Littman cOirumented on the City Attorney's letter de-
lineating possibilities of liability to the cities resulting from
actions of the Residential Development Review Board.
4. 197 5 CO~'H.1ULJITY DEVELOPI'.1ENT
PROJECTS (Priorities for HU0
fundinq)
ACTION: Continued to B/25/75
The City r.1anager stated the Priori ty Selection Commi ttee wi~l meet on
September 4 to begin consideration of new projects for 1975-76 funding
from the $900,000 that will be allocated to the County of Marin.
Gene Marans suggested determining whether the Stone Tower might come
under this category. To a quesLion from Littman whether buses could
be included, Jliartha ~1ullin commented that transi t facili ties are in-
eligible.
~1ayor Ellman suggested the press include this item for publication so
that the public can offer suggestions for HUD priorities and directed
the matter be brought back to the meeting of Auqust 250
5. CAL/TRANS SURPLUS PROPERTY
(Acquisition by City of 43.6
acres located along Richardson Bay)
ACTION: Directed Mayor to
Execute Agreement of Sale:
adopted Resolution #746
The City Manager stated CAL/TRANS had waived its original request for a
reversionary clause in the Sales Agree~ent and instead proposed adoption
of a Resolution of Intent to use the property for park, recreation
and public purposes. Selling price is $251,000, with a down payment
of $75,300 and ten annual payments of $17,570, plus 6% interest on
the outstanding balance. The City's proposal should be submitted to
the County Open Space Committee, and if the County cou10 participate
with half the down payment and half the annual payment, the total
county contribution would be approximately $125,000 over ten years.
He recommended Council consider utilizing a portion of the City's
Open Space funds for the initial down payment.
~ayor Ellman noted that after recent conversations with the Supervisors,
Senators, and Assemblymen, he felt there was general support and that
this was an opportune purchase.
Upon question by Littman, the wording of the Aqreement was changed as
follows: Fifth paragraph, third line, change the \<ITord "serve" to
read IIhelp"; delete the phrase nif not entirely eliminate" after th~
word mitigate; next line, delete the word "priMary". Page 3, second
paragraph from the bottom, second line, change "serve" to "help" and
August 11, 1975
Page 6
CITY COUNCIL MINUTES
delete the phrase "if not entirely eliminate" after the \'lord " mi ti-
gate" . It \'las m'.:;,."Ted by Taycr, s€:conded by Ross, to accept the cha:-l~I'~'.]
as indicated, aLd pas sed t:': "",nimous ly .
Tayer moved the Hayor be directed to execute the Agreement of Sale 2.5
amended and that Council adopt Resolution 749, Resolution of Inten~.
The motion w'as seconded by Ross and passed unanimously.
There was furthe::.:- di~cussion 0:1, the negotiation, Littman noting that
it should be made clear that the:;.:e be no prepayment penalty as part
of the conside:i:'a'~ion cf t118 exchange of property with CAL/TRANS. Tr".o
City l\1.anage~- indicat.:rl tL.:~..s cou~,d be agreed upon at the time of ex-
change of property and was i-')".:OV.',.l c:d for in the agreement of purchase.
IX. NED BUSIN~SS
1. OLD NE'r DEr(Y~ f'L':..:'ER'i'..:' {Considera t:ion
of City Int:2rest :;,;' N-.Jt. Depot Property
declarF:u su:-R,!-!.1s by Fed:..era~_ Govt.
ACTION: Directed
letter be sent to GS~
o~tli~~ng City prop~~~l
The City M.:::.nagcL' out,lined t.he requirc:n~nt :"~cessary fo::" the City to
file a st.:lterr.r::::: :.:,::::1~.C2.ti:lJ" interest in acqui:,,"ing the Net Depot pro.-
T"Orty d2c~.::~ecJ fllrpl'..l:.i b~l t.he Ge:lcral Services AdrL~::"rl::_stration. The
statement !"c:ust ~~~.8:''''''':l'-~ cC)~Jccmplated use of the pro:t:'2:::::'y, the ?ppl;-
cable sta'::.:.utcs urld the lC:i'lJth of tirn~ required to develop and subm.i.. <..
a formnl 2fpli ca tj_O:1 2lo~,'<J wi th a statement as to u:J'ai labi Ii ty of
funds. E;; Clc1dsd th\lt if the property were to be ucoJ. fur parks anJ
recrcatic~ purpa~~s ~c rrs~ctary ccnGiderution need be ~~id to the
federal SO\ ,~r~l.TI2nt.
The City r1vnagcr cite.J th(~ US0~ reccmIll2nded by the Plal1.ning Commis:<. .~
~lhich incl1.~ue 2. mU:l:;.c~.pu.l I:1:J.rir:"3. and boatyard, a mcc'~',i-::1g area and
facili ty t~:i..' sc~ SCC1.'...~s, gj.l:l [J.:Quts, a saili.ng scl1o::..1, a residenti'~ ~.._
area for City cm~lcye~~, 2nd a('~ive nnd passive public recreation?'
area fc::- yv'lr..,~ r~c~~-'~.e 0 FL~ ale:. indicated the Fcdc::'1::.l g0vernmcnt. b
willingn(~sf; tJ ~~'l.l.o..- un:.Lc-~~.:1tic:~ to the Ci ty, b'J.t nu'~...;.} -l..:here were
real p!:cblem3 i..:;ocic:'':.cc1 ~.l t:: t. :affic along Pilraclise Drive.
Li ttman commen-~2j cn J~.he NEt DL?Ot' s excellent pate:r..ti.al as a harb::~
and that feder~l lC:':~l::':; t:1 cJ.C'iTelop harbors are~-"ailable at a low 3%
rate of int~re~~.
Comments '\;cre thr:~l b(":'~J.'L~ ~:~'_~):n sE',/G~_-2.l rc"sidents livin; near the t-1et
Depot i~1 the ~n::.ncu:"'1.._'\'--" ,'c.ted Cl:cc~a. All expressed st:rc~g obj ection t:o
the de"v"'e]::"[J:nent c 1: tI1(;~j(.:+: !'~0p:~'L, into a park and li:.;t:.:d reasons of
extreme L~i~ffic ~:'~J~~ti~n, n~isG, ~~2~p~ssing on priv~te property,
and vandalism (lr~l vivl,__..f~..;.:)n of privacy.. The Hnyc:- t~h2:1 read a let~.r"'"
from J2IT.C3 rl;__l.i:":..~~y V;llU Tt'tt,cc1 his deGi:L~ t,::) r...~~_7\.. u. :..)t..:,:::~n:1ary treat-
ment plant ut Paradise Cove connected to Paradi~e Park before money
is appropriated to b~y th2 Net Depot. Nat Mar&ilS sJ~ge8ted that pre-
zoning should be instituted prior to any action on the property ac-
quisition.
Littman commented that since the prop- ~:-ty haG been declared surplu~.
it will no.t remai.::l in its present state no mutter ~'i'{lnt is best for
the nearby residents and if the County owns it, there would he a
greater likelihood of its becoming a park area such as Paradise Park
than if the City ownc it. -
r~iriam Schafler, pres.:i.de:lt of American Youth Hostels, expressed her
interest in thn Butler buildings on the site for use uS youth host01s
and ''lould like to solicit the support of the City t.');';',J.rd this use.
~ayor Ellm~n called for the motion to prepare a letter to GSA to in-
clude the Planning Cc~umission's general statements and recommendatioLc,
and at the dir~ctic:l of ti';'0Chairman of the Planning Commission to prG'-
zone the area. The E.,:;.Icio.i1 passed unanimously.
2. PERS ~mMBER3HIP O~ CITY ATTORNEY
ACTION: Continued to 8/2S/';:
The City Manager stated that SG~e fig~res list~d in the Resolution
needed to be cha~ged. Lit~~a!4 dskcJ that staff revise the resolution
updating the figures and L~iilg the matter back for consideration at
the next mae~i~Jo
CI'1,'lY COth-:CIL r4Ii~UTES
August 11, 1975
Pt::tge 7
x. COMr1UNICATIONS AND CITY ~1ANAGER ITEt>1S
1. Mayor Ellman requested the following two items be continued to the
next meeting:
A. Marin County Land-Use Banking Proposal
B. Role of LAFCO in Urban Development
2. RE1'10VAL OF OLD ARK IN BLACKIE' S
PASTURE AREA
ACTION: Directed letter he
sent giving 30 days to remove
The?\dministrative Assistant announced that if the Ark were not removed,
the Fire Department is planning a fire drill on it. f1ayor Ellman
directed that a letter be written giving the owners 30 days to remove
the boat; otherwise it~ould he given to the Fire Department. Question
was called and the motion passed unanimously.
3. The City Manager then advised Council that Harbor Carriers has sub~
mitted a request to the PUC for a rate increase. The hearing date i~
set for September 22, 1975. Hayor Ellman suggested the matter be
agendized for consideration at a later meeting.
4. The Council was asked by the City Manager if they would like a letter
sent to the Board of Supervisors regarding the Warren Outten variance
matter. It was so ordered.
XI. EXECUTIVE SESSION
Council adjourned at 12:04 A.m. to Executive Session to discuss pending
litigation.
XII. ADJOURNf'1ENT
There being no further business, the Council adjourned at 12:23 a.m.
Tuesday, August 12, 1975.
APPROVED BY THE COUNCIL ON:
1 1975
CITY COUNCIL ~INUTES
August 11, 1975
Page 8
CORRECTED MINUTES
CITY COUNCIL
CITY OF TIBURON
10 CALL TO ORDER
The reqular meeting of the City Council of the City of Tiburon, State'
of California, \'Iras called to order by 1'1.ayor George Ellman at 7: 37 p.m,
on i\10nday, August 25, 1975 in the City Council Chambers.
II. ROLL CALL
PRESENT:
l\BSENT :
COUNC I LrlEN :
COUNCILJI1EN:
P,ramburu, Ross, Tayer, Ellman
Littman
EX OFFICIO: R. L. Kleinert, City ~anager
R.E. Fosnot, Director of Community Development
Stan Bala, City Engineer
Lou Brunini, Director of Public Norks
Lt. Mike ~1anick, Acting Chief of Police
Robert Conn, City Attorney
r1uffin Nelson, 4inutes Clerk
III. APPROVAL OF HINUTES
~1inute s No. 388 - First paragraph, Page l, substitute "Councilman" for
Carlisle where appearing. Page 6, last paragraph to read "Upon
question by Littman, ~ayor Ellman suggested ...", Page 7 under New
Business, Old Net Depot Property, under ACTION: Add Requested Pre-
Zoning by the Planning Commission. Page 8, under removal of Old Ark,
third sentence, substitute "purchaser" for" o'~ner" and "ark" for "boat~'.
On motion of Ross, seconded by Tayer, qinutes No. 388 were approved as
amended by the following ~ate:
AYES: COUNClli~EN: Tayer, Ross, Ellman
ABSTAIN ~ COUNC IL1'1EN : Ar amburu
ABSENT: COUNCILf1EN: Littman
IV. CONSENT CALENDAR
The Consent Calendar, consisting of the following items, was unanimously
approved:
1. Encroachment Permit, 24 Venado Drive
2. Recognition of Service as Police Chief - ~aurice Lafferty
3. Register of Claims
4. Police Department Quarterly Report
5. Notice of Crnnpletion (Street Repair at 2026 Paradise Drive)
V. QUESTIONS AND CO~1]\1ENTS - Public and City Council
1. Mayor Ellman noted that due to the absence of Councilman Littman,
and at his request, no action would be taken on the Tree Ordinance
this evening although interested citizens would he heard.
2. Tayer added that last week the ~olden Gate Bridge District met
on the proposed increase in tolls and bus fares. He felt the City
Council should speak in support of the proposal exempting commuters
from the increases. He also requested information on the vote break;
down and the presence of the ~arin representatives. Aramburu noted >
it was most important to continue open dialogue with the Bridge Dis-
trict. t1ayor Ellman will draft a letter in favor of maintaining IO~1
commuter fares. City r1anager Kleinert added the City of Larkspur has
asked for Tiburon support of Assembly Bill 2416 by l~ornum to increas~
r1arin County Representation on the Bridge District.
3. ~1ayor Ellman announced the appointment of Joyce Mattea and Pat
Loomis to the Tiburon Peninsula Arts Commission completing the appoint-
ments for this year. Joan Bassett will serve as Chairman Pro Te~pore
and arrange an organizational mS8ting of the Commission.
CITY COUNCIL 1I1INUTES 1\10. 389
Page 1
August 25, 1975
4. The ~ayor then mentioned that former Councilman Denis Rice would
be willing to serve as Tiburon liaison with the f~ater District and
should be sent a formal letter so noting.
VI. REPORTS BY CHAIRrrRN OF COl''11'1ISSIONS, BOARDS & COMMITTE~S
I. Bicentennial Committee Status Report
Gene r~arans and Herb Wenig were present to discuss Tiburon's Bicen-
tennial Plans. They noted that Ayala Day this year will be dedicateq
to the Bicentennial. They also ~entioned the planning of the Red,
~hite and Blue Follies set for the County Fair. Flag Day, June 14,
will be set aside as a special day of celebration ann decoration.
Dr. Freeburg, a Bicentennial Committee member, will present a program
of scenes of our flag to the public schools this year. Herb Wenig
added that he is attempting to get the special Armed Forces Traveling
Van to bring their exhibit to Tiburon. .
2. League of California Cities Conference - Arcata
~1ayor Ellman and Councilman Aramburu attended the Re~wood Division of
the LEague of California Cities Conference and briefly reported on
some of the highlights. The program discussed Federal programs
that could be utilized by snaIl cities and stressed "grantsmanship"
and the need for a regional staff to secure grants. Both Councilmen
applauded Arcata's bus system and their program of restoring old horn~s.
/
VII. NEN BUSINESS
As all interested citizens had not yet arrived for discussion of the
Tree Ordinances, Council discussed Item 17, Recyclables Collection
Service proposed for a trial basis in Tiburon.
A. RECYCLABLES COLLECTION SERVICE
ACTION: Committee appointed,
to meet w/Marin Environmental
Coop for further discussions
FILE NO. 5000.6a
The City T\1anager explained the c)ncel?t of this program as outlined
by Nei 11 Smith of the l\1arin 'Rnvironmen tal Cooperative. .A trial area
in Tiburon should be considered by the City Council and then dis-
cussed with the appropriate Homeowners Association(s). A mandatory
fee estimated at $1. 75 would be levied by 1'1ill Valley Refuse Company
for the special pick-up service.
~1ayor Ellman noted that fiill Valley had tried the program ann it had
failed for various reasons. ~oss questioned the possihility of
operating the service for only the users and the City ~1anager replied
that it would probably not generate sufficient funds to cover costs.
It was felt that such a charge would be a form of taxation without
representation and the Council could not support a mandatory charge.
It was suggested that Councilman Aramburu, P&R Commissioner Koehler
and the City T1anager meet with Neill Smith to further discuss the
matter prior to the next Council meeting.
VIII. PUBLIC HEARINGS
A. R~VISED TREE ORDI!\U\NCE Al"1ENDlI1ENTS ACTION: Public Hearing held
2nd Reading continued to
Septe~ber 8, 1975 meeting
FILE NO. 4062
About 35 interested citizens were present to give varying opinions
on the proposed Tree Ordinance amendments. An informal polling of
those present indicated that the great majority were in favor of a
strong tree ordinance although there was dissention as to the cost
liability percentages allocated to the complainant and to the owner
of the property on which the tree exists. A petition bearing some
60 signatures in support of a st~'ong tree ordinance was presented
by the r'~arinero and El 1\larinero Homeowners.
It was questioned whether the Homeowners Groups had achieved any
solidarity on the matter; such an indication had not been receive~.
CITY COUNCIL MINUTBS NO. 389
August 25, 1975
Page 2
It was suggested that the planting of certain trees be encouraged
and ~1ayor Ellman asked the Director of Community Development to
prepare a list of suitable trees as a guidel~ne.
Aramburu moved that the public hearing be continued, seconded by
Ross, passing unanimously. Action will be continued until the next
meeting.
RECESS
The Chair declared a Recess at 9:10 p.m.; Council reconvened at
9:21 p.m~ the roll standing as originally noted0
B. ORDER TO SHOW CAUSE
2379 Paradise Dr. - D. Gisvold
ACTION: Staff to report
findings regarding property
line at next meeting.
FILE NO. 75211
Mr. Fosnot gave the history of the item and noted the findings and
recommendations of the former Development Administrator. Mr. Fos-
not noted that Design Revie~.v had not been required of the buildings
addition. He suggested a survey be conducted at the applicant's
expense to determine the ~~~xIDdKtaex relationship between the adjacent
wall of the shed and the property line.
Mr. de ~artini felt that even if it were up to code, the building was
a blight and a fire hazard. Ross noted the burden of compliance wa~
with the owner and not the City and did not feel the Development :
Administrator's letter of July 30 constituted approval. Ross then
moved that the applicant be required to provide a licensed survey
and obtain the necessary information as outlined by staff, seconded
by Tayer. The City Attorney noted that the City cannot require the
applicant to pay for such a survey; the motion was withdrawn.
Aramburu then moved the City staff make;.the necessary findings with
the cooperation of the property owner with regard to the property line
and report back at the next meeting, seconded by Ross. After further
discussion, Aramburu amended his motion to read "That the specific
property line be determined and the &pplication of remedies as
described by the Building Official in his membrandum of August 18,
1975 be considered."
Councilman Tayer reiterated his earlie~ request of the applicant's
willingness to perform a survey and furnish the necessary infor-
mation. Mrs. Gisvold stated she felt the process had been unnec-
e-sarily drawn out and was most unfair as they had complied with the
required steps as outline by the formEr staff member. The question
was called and the vote was unanimous:
IX. OLD BUSINESS
A. CAHN/LE~IS DEVELOPMENT ACTION: Referred to City
Attorney and Planning Commission
for recommendation
FILE: 47409
The Director of Community Development introduced the matter and
requested Council make a recomMendation prior to the Planning
Commission's considering the tentative and precise plans concerning
the City's requirement for a Parks and Recreation in-lieu fee or
dedication of land.
~r. Fosno~ frrther explained that the City is not required to main-
tain t~~~f~~1~\ties in the dedicated space. Aramburu moved the City
require fees and dedication in a form acceptable to the City Attorn~y
and that such land be deeded expressly to the City of Tiburon and be
consistent with the Open Space Element with all necessary utility
easements granted to the applicant; seconded by Tayer.
~1r. Berline spoke on behalf of the developer notinq precedent had been
set in this City with land accepted instead of the fee and he felt
it should be an either/or proposition. The question was called and
the vote was unanimous.
CITY COUNCIL ~1INUTES
Page 3
August 25, 1975
Bo 1975 COMMUNITY DEVELOPMENT PROJECTS ACTION: Approved projects
for 1975-76 submittal to
Priority Setting Committee
FILE: 3055.2(c)
The City Manager noted that on September 4 the County Priority Setting
Committee would meet to discuss the 1975-76 allocation of $900,000 in
Housing and Community Development Act funds. He suggested four pro-
jects be submitted by the City of Tiburon with estimated costs:
1. Richardson Bay Park and Sports Green Irrigation from Reclamation($18,000)
2. Landscaping for Hilarita Park :$12,500)
3. Preservation of Historical Lanmaarks ($10,000)
4. Community Garden Project at Hilarita ($1,000)
Mr. Kleinert made an especially strong recommendation for the Sports
Green Project as we would also be working with the Richardson Bay Sani-
tary District. Mayor Ellman suggested that perhaps for next year we
should develop the idea of the City's purchase of homes which could
eventually be sold for moderate income housing. The MAyor noted that
Councilman Aramburu would represent Tiburon at the Priority Setting
Meeting.
Tayer moved that the order of priorities as set forth by the City Manager
be accepted, seconded by Aramburu and passed unanimously.
C. PERS PARTICIPATION BY CITY ATTORNEY
ACTION: Res. 752 passed
FILE:
The City Manager noted that by State statute the City Attorney at his
discretion can participate in the State PERS. Participation can now go
back to 1972 with a match by the City; any prior service requires con-
tributions solely by the City Attorney.
The Mayor mentioned tha't as this is a state mandated cost, we should in-
form Senator Holmdahl who is compiling such costs. Aramburu moved that
Resolution 752 be adopted, seconded by Ross. The motion passed by the
following vote:
AYES: COUNCILMEN; Aramburu, Ross, Ellman, ABSTAIN: COUNCILMEN: Tayer
ABSENT: COUNCILMEN: Littman
D. REGULATING PARKING ON NARROW STREETS
ACTION: Ordinance Passed
First Reading
FILE: 5040.1 & 4400
Councilman Tayer inquired whether such an ordinance was actually en-
forceable, and ChiefMLanick replied that it would be best to have it
on the books for reference. After a brief discussion, Aramburu moved
the Ordinance be read by title only, seconded by Ross, passing unani-
mously. Ross then moved it be deemed to have passed first reading,
seconded by Aramburuo Tayer then suggested that it be worded in such
a manner that parking would only be allowed if it did not impede passage
of emergency vehicles. It was felt a definite line and limit would be
more enforceable and realistic, such as exists in Belvedere. The Question
was called and the Ordinance was deemed to have passed first reading by
the following vote:
AYES: COUNCILr1EN: Aramburu, Ross, Ellman NOES: COUNCILMEN: Tayer
ABSENT: COUNCILMEN: Littman
VII. NEW BUSINESS (Continued)
B. SELECT STREET SYSTEM
ACTION: Res. 753 Passed
FILE: 4400.b
Mr. Fosnot introduced the Resolution which would declare that 90% of
our streets are within such a system thereby allowing gas tax monies to
be spent throughout the City. He noted the Select Street System can be
separate from the Circulation Element.
It was specifically noted that Hacienda Drive would he marked as an emer-
gency service road. The Resolutio~ was then amended to date the accepted
map as of August 25, 1975. It was suggested a separate service road
coded system be used on the map to indicate emergency service roads.
Tayer moved Resolution 753 be adopted as amended, seconded by Aramburu and
passed unanimously.
CITY COUNCIL MINUTES #389
Page 4
AllCJll~T ?E;_ lq7E;
C. ADOPTION OF 1975-76 CITY
TAX RATE
ACTION: Res. 754 Passed
FILE: 2030. 2
The City Manager introduced the adoption of the 1975-76 tax rate which
must be established by September 1. He noted that the total tax rate
remains the same although there is a change in the levies for the
general fund and Open Space Bond Redemption.
Tayer questioned whether this reduction might not cover our Bond Re-
demption costs making it necessary to use the interest to cover the
payments due. He felt the princi~le had been adopted last year to
not utilize interest monies, and wondered why the tax rate was perhaps
not raised instead. It was felt this was not expedient and that our
mid-year financial review would give us a better picture of the city's
financial standing.
Ross moved adoption of Resolution No. 754, seconded by Aramburu. The
Resolution setting the tax rate for 1975-76 was adopted by the following
vote: AYES: COUNCILMEN: Aramburu, Ross, Ellman; NOES: COUNCILMEN:
Tayeri ABSENT: COUNCILMEN: Littman
XI. COMMUNICATIONS AND CITY MANAGER ITEMS
1. ~.Aerial and Contour T'1appinq Proposal
~1r. Fosnot noted the county had discontinued their program of aerial
mapping. The lowest bid received from outside sources was $600 more
than allocated for the project and he requested approval of the addi-
tional funds.
After discussion of the project and a look at samples, Aramburu moved
the Council accept the recommendation of the Director of Community
Development and provide $3600 for aerial mapping~M!t~ the City Manager
to determine how the additional $600 would be ~~~~. It was
seconded by Ross and passed unanimously.
2. Harbor Carriers Rate Increase Proposal
The City ~anager noted that Harbor Carriers was requesting a rather
substantial percentage rate increase and that the PUC had scheduled
a public hearing for September 220 Aramburu noted the City had been
left out of the entire process and said he would like to see the City
take some definitive action. Tayer added that the increase would
serve as a deterrant to the use of public transportation. Ross recom-
mended a letter be drafted to Harbor Carriers and also that a rep-
resentative of the City appear in person to express the sense of the
Council. Aramburu suggested we ask a representative of Harbor Carriers
to appear before the City to explain the reasoning behind the rate .
increase proposal and their long-range plans.
Tayer mentioned the Golden Gate Bridge District should also be approaqhed
seeking the most cost-effective solution to commuter rates and suggesting
a tie-in system to the ferry or a competitive ferry system in Tiburon.
Ross felt we should go on record as saying that with our limited
waterfront there can be no exclusive rights granted.
3. Staff/Council Workshop Session
The City Manager said there would be a City Staff/Council workshop on
September 6, and that agendas would be mailed to Councilmen. Council
recommended the meeting commence at 10:00 a.m.
4. Landscape Treatment of City Property Adjacent to Hilarita
The Director of Community Development noted that City land adjacent
to Hilarita had been excavated for the building of Hilarita , and the
area was badly in need of at least hydro-mulching to avoid serious
flooding and drainage problems 0 It was regrettable that total land-
scaping requirements, including this adjacent area, were not included
in detail in the final approved plans.
Mr. Fosnot recommended the matter be referred to Design Review Board
for their recommendations. It was the sense of the Council to do so.
CITY COUNCIL ~INUTES #3R9
August 25, 1975
Page 5
5. CAL/TRANS Property
The City Manager stated that CAL/TRANS had approved the sale of the
property in the Blackie's Pasture area and requested Council to
approve opening of escrow and depositing of $75,300 or 30% of the
purchase price as down payment. He said there was presently $576,OPO
in the Open Space Fund. He displayed a map showing City-owned
property and noted he had hopes of obtaining some financial assis-
tance from the County Open Space District for the Ca1/Trans acquisition.
Aramburu moved the City Manager be authorized to begin escrow pro-
ceedings for the purchase of the Richardson Bay Lineal Park property
owned by CAL/TRANS, and also that he be authorized to do everything
necessary to secure Marin County Open Space District funding to
assist in the purchase of the property. The motion was seconded
by Tayer and passed unanimously.
XII. EXECUTIVE SESSION
At 11:58 p.m. the City adjourned into Executive Session.
XIII. ADJOURNMENT
There being no further business, the Council adjourned at 1:20 a.m.
Tuesday, August 26 to Saturday, September 6 at 10:00 a.m.
ATTEST:
Tiburon
Mayor
CITY COUNCIL MINUTES #389
August 25, 1975
Page 6
C!ty COUNCIL
CITY OF TIJ3URON
CORRECTED MINUTES
I. CALL TO ORDER
/'
f/
The adjourned meeting of the City Council of the City of Tiburon,
State of California, was called to order by Mayor George Ellman at
10:05 a.m. on Saturday, September 6, 1975 in the City Council Chambers.
II. ROLL CALL
PRESENT: COUNCILMEN: Aramburu, Tayer, Littman, Ellman, Ross (11:00)
EX OFFICIO:
R. L. Kleinert, City Manager
R. E. Fo8not, Director of Community Development
Lou Brunini, Superintendent of Public Works
S.E. Lichlyter, Administrative Assistant
Lt. Mike Manick, Acting Chief of Police
III. BUSINESS
Mayor Ellman indicated the purpose of this adjourned meeting was to
serve as a workshop session between the City Council and staff. It
was intended that no specific Council action would be taken: however,
there would be general discussion of those agenda items as proposed
by the City Manager and an informal exchange of ideas between Council
and Staff.
The following were the major topics of discussion:
1. Analysis of the 1975-76 City budget and review of future revenue
and expenditure projections.
2. Schedule of target dates for the review and certification of the
Sequoia-Pacific final EIR and its relationship to the Downtown
Plan review. Council stressed that an EIR should not be required
for amending the Downtown Plan, but all revisions to the Downtown
Plan should be included and considered in the Sequoia-Pacific
EIR and Master Plan.
3. Review of existing police services and consideration of methods
to reduce departmental costs. Belvedere/Tiburon police consoli-
dation was discussed as a possibility to reduce costs and improve
level of services.
IV. LUNCH RECESS
At 1:00 p.m., the workshop session was adjourned for lunch, reconveni~~
at 2:20 p.m.
III. BUSINESS (continued)
4. Discussion regarding the City's future capital improvement needs and
funding requirements.
s. Review of existing and proposed city policies, goals and procedur~~
v . ADJOURNMENT
ATTEST:
/(
There being no further business, the
at 4:10 p.m., Saturday, September 6,
Tiburon
R. L.
City Council Minutes #390
September 6, 1975
Page 1
CITY COUNCIL
CITY OF TIBURON
CORRECTED MINUTES
I. CALL TO ORDER
The reqular meetinq of the City Council of the City of ~iburon,.
State of California, was called to order by Mayor Georqe Ellman
at 7:38 p.m. on Monday, September 8, 1975 in the City Councll Chambe;s.
II. ROLL CALL
PRESENT: COUNCILMEN: Aramburu, Ross, Ellman, Tayer (7:45), Littmart(8:04)
EX OFFICIO:
R. L. Kleinert, City Manager
R. E. Fosnot, Director of Community Development
Stan Bala, City Engineer :
Lou Brunini, Director of Public Works
Lt. Mike Manick, Acting Chief of Police
S. E. LiChlyter, Administrative Assistant
Richard Breiner, Deputy City Attorney
Muffin Nelson, Minutes Clerk
III. APPROVAL OF MINUTES
Minutes No. 389 - Page 3, Item B, ORDER TO SHON CAUSE, first para-
graph, last line "...to determine the relationship between the ad-
jacent wall of the shed and the property line."
Page 3, Item IX, OLD BUSINESS, A. CAHN/LEWIS DEVELOPMENT, second
paragraph, first sentence, ".. maintain the wastewater facilities
in the dedicated space." Page 4, Acting Chief Manick name correqted.
Paqe 5, under Aerial Mapping, last paragraph, secone to last line,
,. .. $600 would be funded."
On motion of Aramburu, second by Ross, Minutes No. 389 were unani-
mously approved as amended.
IV. CONSENT CALENDAR
The Deputy City Attorney explained that Item No.5, Denial of Cla~
(Personal Inju~y) was a petition to pe~it a late clatm. Acting
Chief Manick stated that a letter of opposition was received regarding
Item No.7, No Parking Zone on Reed Ranch Road, but the Traffic
Safety Committee still upheld their original recommendation. Tayer
sU9gested the appropriate homeowners association be QOntacted and
a general area-wide plan be developed. It was the sense of the
Council that the matter be continued and that general criteria be
developed.
On motion of Aramburu, seconded by Ross, the Consent Calendar, con-
sisting of the following items was unanimously accepted as amended:
1. Encroachment Permit (8 Malvino Ct. - Standard Driveway Cut)
2. Status Report of Abatement of Illegal Units
3. Acceptance of Grant Deed for Purchase of CAL/TRANS Property
4. Denial of Claim (Personal Property Damage)
5. Denial of Claim (Personal Injury)
6. Register of Claims - August
v. QUESTIONS AND COMMENTS - PUBLIC AND CITY COUNCIL
1. Former Mayor Gordon Strawbridge made his 11th Annual cash
donation to the Open Space Fund and also presented the City with
a framed "original" copy of the Declaration of Independence.
Aramburu moved the Council officially express their appreciation to
Mr. Strawbridge, seconded by Ross and passed unanfmously.
2. Tayer noted that on August 20 Governor Brown appeared on a
Rollin Post television interview and remarked that housing for
lower income families does not interest the people of Marin in
CITY COUNCIL MINUTES #391
September 8, 1975
Page 1
such affluent suburbs as Ross and Tiburon. TEA has written to
the Governor pointing out the error and encouraging his attendance
at the scheduled official opening ceremonies for Hilarita on
September 13. Tayer suggested Council send a telegram also in-
viting the Governor to attend.
3. Councilman Aramburu reported on the first County Priority
Setting Committee Meeting and noted th.lt most projects were still
in the planning stages. He suggested an article be placed in
the Ark for publicity regardinj the selected projects from Tiburon
under the Housing and Community Development grants.
VI. REPORTS BY CHAIRMEN O? COMMISSIONS, BOARDS AND COMMITTEES
There was no official re~ort on Ayala Day Festivities, but Herb
Wenig, a member of both the Bicentennial and Ayala Day Committees
noted that this year's celebra~ion would be dedicated to the Bi-
centennial and the program would consist of a show of the seven
flags flown over California, the Ceremonial Color Guard and Sabre
Unit from the Presidio and hopefully the Sixth Army Band.
In connection with the Bicentennial, he mentioned the Armed Forces
Special Exhibit Van had indicated interest in coming to the Tiburon
area and also that Tiburon would have a Red, White and Blue Follies
as our special presentation at the County Fair. "
VII. PUBLIC HEARINGS
A. REVISED TREE ORDINANCE AMENDMENTS ACTION: Further amended:
passed new 1st reading
FILE: 4062
The Director of Community Development introduced the item and noted
Council might wish to consider Arbitration in the Ordinance as is
done in Belvedere. Tayer a~d Aramburu felt that arbitration was
more complex and added only C0St and time and our Board of Adjust-
ments served t~at ~lrposce
The Public Hearing was opened und Mr. Wenig, in deference to Council-
man Littmen and Joyce Kilmer ~ecited a poem in support of the Ordi~
nance. Questions ';cr;~ rais'2d <1.S to a clarification of the remedy
section and the defini tj_on of a misdE'?;22.nor. It was noted that
Belvedere's Ordinance t.:lkes a differen-t approach and bans trees
above a specific height; Council felt Tiburon's approach was
preferable. It was :':1:.l'e2~cd tha.t the City's posture was that the
Ordinance be envokcd 0:-11y if tb,8 m,J.t.:f.:.er could not be sol\fed in
any pther manner; in essence a mediation ser7ice.
Littman felt the crux of the issue was confusion over public and
private greenery and that planting should be encouraged. He felt
citizens were asking for an exceptional exs~=ise of public power
to protect their views.
The Public Hearing was closed and Littman moved that the Ordinance
before the Council be amended by striking Section 15-24 on Remedies
and substitute a requirement that if the matter is not resolved
as ordered, it be declared a public nuisance and be abated accor-
dingly, seconded by Ross. Tayer commented that he felt the present
fine was perfectly in order. The question was called and the
motion failed by the following vote:
AYES:
NOES:
COUNCILMEN: Littman, Ross
COUNCILMEN: Ararnburu, Tayer, Ellman
Littman then moved that Items band c of Section 15-20, Findings
of the Board, be a-nended by striking the words " and the value"
in each sentence, seconded by Ross.
The City Attorney nob::d that the "value" provision was inserted
because of the need for an oLjective factor. After some dis-
cussion, the question was called and the motion passed by the
following vote:
AYES: COUNCILMEN: J.Ji tt:r.an, ~(03S, Tayer, Ellman
NOES: COUNCILMEN: Ar <J.~:iDU:r'U
CI~Y CO~~2IL MINUTES # 3J1
September 8, 1975
Page 2
The City Attorney then ruled that this was~a substantive change and
the Ordinance would require a second reading at the next meeting.
As this was again first reading, Littman introduced an amendment
to Section 15019, Notification of Property Owners, the first line
to read , "The Director of Community Development shall request a
written report from the Homeowners Association and shall give ...";
it was seconded by Ross and passed unanimously.
Aramburu then moved that in Section 15-19, Items band c be amended
to read " the enjoyment and the possible real value of the real
property", seconded by Ross. The City Attorney felt the wording
too vague and Armaburu withdrew the motion on his advice.
Littman then moved that a new section be added to read "This Ordi-
nance shall not apply to any tree no higher than 15 feet." The
motion died for lack of a second.
It was noted that the first paragraph, Section 1, Amendment. should
read ..n Section 15018 through 15-26 of the Tiburon Zoning ..."
Aramburu moved the Ordinance be deemed to pass first reading, seconded
by Ross and passed unanimously. The second hearing will be scheduled
for the next meeting on September 22.
VIII. OLD BUSINESS
A. HARBOR CARRIERS RATE INCREASE
ACTION: Council to develop
position & send represen-"
tatives to PUC hearing
FILE: 4502.2
The City Manager noted that Mr. Albert Elledge, President of Harbor
Carriers was present at Council's invitation to explain their pro-
posed rate increase. Littman stated he wished to abstain from these
discussions and proceedings.
Tayer mentioned it was most important people be encouraged to use the
ferries and that he would support an increase in single fare only.
Mr. Elledge stressed that private enterprise not be compared to the
Golden Gate Bridge District. He noted Harbor Carriers' had just in-
creased deck hands salaries by 49% and that total fare increases
amounted to only 3.7% per year since 1962. Tayer inquired about
increased usage and said that Golden Gate Ferries experienced in-
creased usage with lower fares.
Elledge told Council Harbor Carriers' books had been audited for the PUC
Hearing scheduled for September 22 and Council could obtain any infor-
mation desired. Tayer added that Council was more than willing to "
assist in any way possible and would interface with Marin Transit District
Mayor Ellman requested that Aramburu and Tayer provide a report for
Council to present at the PUC hearing. The City Manager would check'
with the PUC for a staff report. It was then decided that Councilman
Ross would serve as special representative with Aramburu.
B. REGULATING PARKING ON NARROW STREETS
ACTION: Ordinance l63N.$.
passed 2nd Reading
FILE: 5040.1
Following introduction of the item, Ross moved the Ordinance be
read by title only, seconded by Aramburu and passed unanimously.
ARamburu then moved the Ordinance be deemed to have passed second
readi~g,seconded by Ross. Ordinance No. 163 N.S. was passed by
the following vote:
AYES:
NOES:
ABSTAIN:
COUNCIL1.4EN :
COUNCILMEN:
COUNCILMEN:
Aramburu, Ross, Ellman
Tayer
Littman
C. RECYCLABLES COLLECTION SERVICE
ACTION:Subscriptions to be
Solicited, voluntary program
begun for one year
FILE: 500.6a
CITY COUNCIL MINUTES #391
September 8, 1975
Page 3
The City Manager stated the Committee appointed at the last meeting
met with Neill Smith and Chut Dami and their recommendations were
noted in the Agenda Bill.
Mr. Smith was present and mentioned that a successful program could nGt
be on a voluntary basis because of costs. He noted the possibility of
a differential rate for those using the service. Littman supported this
idea and a survey for subscriptions. He moved that Council support the
attempt to establish a segregated recyclables collection service pro- .
vided that it shall not be subsidized by the City, seconded by Aram-
buru and passed unanimously. Council noted the burden of responsibil~ty
was now on Mr. Smith but that the Committee would continue to work with
him and support and publicize the concept. Smith said he wished to
waive the percentage allocation of the Depot's profits to the City
while the program was in operation. He indicated he would solicit
subscriptions and hopefully begin a voluntary one-year trial service.
IX. NEW BUSINESS
A.
TELEVUE SYSTEMS REQUEST FOR RATE
INCREASE & FRANCHISE MODIFICATIONS
ACTION: Hearing scheduled
September 22
FILE: 4600. 3
Mr. Kleinert indicated that Tele-Vue Systems has requested a rate
increase and franchise modification ana'; that a public hearing~: was
scheduled for September 22. Littman suggested the matter of Tiburon
being charged more than Belvedere be brought to the applicant's atten~
tion. Council agreed to the September 22 hearing request.
B. CAL/TRANS PROPERTY ACQUISITION ACTION: City Manager to meet
w/Lands & Development Committee
FILE: 4400
The City Manager stated that escrow would close soon on the property
and the County asked for a list of proposed uses. Littman felt that
a Sports Green was Open Space and Mayor Ellman mentioned that the
County had said earlier that those Cities who help themselves will be
helped and noted that some $225,000 from Tiburon was in the County fund.
The Council's Lands and Development Committee, Littman and Aramburu,
would meet with staff to develop a position to take with the County,
express uses of the property, and a liberal interpretation of Open
Space. The City Manager pointed out a September 22 field trip with
the County Parks and Recreation Commission arid staff of the property.
It was reiterated that the area is indeed a regional resource and we
have a semi-adopted Sasaki-Walker plan covering the area.
X. COMMUNICATIONS AND CITY MANAGER ITEMS
A. State Revenue Sharing Proposal. The City Manager said that the
League of California Cities had proposed a State Revenue Sharing Plan
providing for a 10% surcharge on State Income Tax for distribution back
to cities. As the measure was not tied to local property tax and would
do Tiburon little good, it was the sense of the Council to table the
matter.
B. Sequoia-Pacific Final EIR. The revised schedule for the Sequoia-
Pacific Final EIR was presented. It was decided the LAnds and Develop-
ment Committee would speak to the Planning Commission and synchronize
Commission and Council action.
C. AB 700, "Police Officers Tenure Act". Acting Chief Manick noted
there were several hills now before the legislature of this nature.
Council requested, with Tayer abstaining, that a letter be sent to
State Senator Behr expressing City opposition to the measure which
was scheduled for floor action this week.
D.Mayor Ellman stated that his letter to all Marin cities regarding
"grantsmanship" and the need for a regional position or program to
secure grants had received some favorable replies and that he hoped
for further affirmative answers and support of the concept.
CITY COUNCIL MINUTES NO. 391
September 8, 1975
Page 4
E. It was brought to Council's attention that Michael Wornum has
sponsored a bill to change the County representation on the Golden
Gate Bridge,Highway and Transportation District. It was the sense
of the Council that a letter supporting this measure be sent.
F. Tiburon resident Brian Denton questioned the low assessment rate
given to Sequoia-Pacific properties and suggested that perhaps they
could be enticed to maintain their lands in an esthetically pleasing
manner as a concession for the lower rate. Littman and Tayer aated
that the City is powerless to raise the rate and thus such a sugges-
tion would have potentially little thrust.
XI. EXECUTIVE SESSION
The Council adjourned to Executive Session at 11:18 to discuss pending
litigation.
XII. ADJOURNMENT
There being no further business, the Council adjourned at 11:50 p.m.,
Monday, September 8, 1975.
~L N 2f22~-1
ATTEST:
R.L. KLEINERT, City Manager/Clerk
CITY COUNCIL MINUTES # 391
September 8, 1975
Page 5
CORRECTED MINUTES
CITY COUNC IL
CI'lY OF TIBURON
I. CALL TO ORDER
The regular meeting of the City Council of the City of Tiburon. State of
California, was called to order by Mayor George Ellman at 7:35 p.m. on
MOnday, September 22, 1975 in the City Council Chambers.
II. ROLL CALL
PRESENT:
ABSENT:
COUNCILMEN: Aramburu, RODS, Ellman, Littman (7:38)
COUNCILMEN: Tayer
EX OFFICIO:
R. L. Kleinert, City Manager
R. E. Fosnot, Director of Community Development
Stanley Bala, City Engineer
Louis Brunini, Superintendent of Public Works
S. E. Lichlyter, Administra.tive Assistant
Lt. Mike Manick, Acting Chief of Police
Robert Conn, City Attorney
Muffin Nelson, Minutes Clerk
III. APPROVAL OF MINUTES
Minutes No. 390 - word "final", second sentence of 12 under Buslneas, correc.
ted. On motion of Aramburu, seconded by Littman, Minutes No. 390 were
unanimously approved as amended.
Minutes No. 391 - page 2 - '~yala nay" transposition corrected, fir.et; line
of Item VI. On motion of Aramburu, seconded by ..~~ Minutes No. 391
were unanimously approved as amended.
IV. CONSENT CALENMR
The City Manager clarified Item #2 noting that this item must be app~oved
in order to release the maintenance performance' bond.
On motion of Aramburu, seconded by Littman, the Consent Calendar, consisting
of the following items, was unanimously approved.
1. Status Report of Abatement of Illegal Units
2. Acceptance of Paradise Estates Subdivision Agreement
3. Establishment of NO PARKING area on Solano Street (Resolution No. 756)
4. Stop Signs at Mar West and Esperanza - East and Westbound traffic
(Resolution No. 757)
5. Fund transfers and Budget Adjustments
6. Conference Attendance (Authorization for City Manager to Attend ADiual
IC~ Conference)
7. Notice of Completion (Centro West Retaining Wall) - (Resolution No. 758)
8. Encroachment Permits
a. 2232 Mar East - Street Cut, Sewer work
b. 33 Mark Terrace - Street Cut, Sewer Work
c. 8 Place MOulin - Driveway & Offstreet Barking Cut
9. Award of Contracts
a. Stewart Drive - Sidewalk & Paving
b. Reed Ranch Road - Street Repair lie Subdrain
c. Blackfield Road - Street Repair lie Subdrain
d. Hilary Drive - Sidewalk lie Curb and Gutter Repair
V. QUESTIONS & COMMENTS
PUBLIC & CITY COUNCIL
1. Councilman Ross noted that next week the Landmarks Society will honor
Gordon Strawbridge and Louise Teather, and he felt it appropriate for the
Council to adopt resolutions commending Gordon and Louise.
'..
Action: Adopted Resolutions 760, 761.
2. Councilman Littman inquired about the Field Trip saturday inspecting
the ca1/Trans property made by the County Open Space Committee. Mayor
Ellman explained that the Committee's definition of Open Space was quite
CITY COUNCIL MINUTES NO. 392
Page 1
September 22, 1975
limited and approximately 10-l2 acres of the parcel might be considered
under their criteria. Negotiations are continuing and no decisions have as
yet been reached.
3. Ross attended the PUC hearing today regarding the Harbor carriers pro~
posed rate increase. He mentioned that the hearing was not before the pue
but before an Examining Officer whose responsibility is to ascertain all
the facts. He said he was most impressed by the impartial and objective
hearing. He said it was brought out that the books of Harbor Carriers were
extremely difficult to understand and thus no recommendations or findings
had been made in the financial area. Ross suggested that the City Manager
get a transcript of the proceedings.
4. Councilman Littman mentioned the sidewalk on Hacienda and added there
was no divider between the dirt and the sidewalk and that the matter needed
~orrection prior to the rain. He asked the City Engineer to look into it
and comment at the next meeting.
5. Mayor Ellman mentioned that at the next Mayors and Councilmen Meeting
on Wednesday, Novato was putting the matter of the future uses of Hamilton
Air Force Base on the agenda and asking for a consensus from Marin Cities.
Littman mentioned that it was an excellent landing field and perhaps should
be explored for daily short runs to Los Angeles or San Diego. He said he
would like to look at an EIR and see what the trade-offs would be, and that
perhaps better helicopter conneetions from Marin would be an answer for
airport commuter traffic.
VI. REPORTS BY CHAIRMEN OF COMMISSIONS. BOARDS & COMMIT'lEES
A. Chairman Berg of the Parks & Recreation Commission mentioned the proposed
use of our City Courts for a tennis tournament the weekend of October 4-5.
He noted that the Fall Recreation Program was quite successful and mentioned
some of the current programs.
The question of the dedication date of the Belveron Mini-Park was brought up
and it was mentioned that the City is holding about $1000 as a Performan~e
Bond. It was reported that the grass growth was deficient and although the
landscape architect felt if sufficient, City staff would not approve it.
Dedication awaits approval of the lawn condition. City Engineer recommended
that we tell the contractor to eith~r seed it or the City will do it and take
the necessary funds out of the $1000 and return the remainder. Littman
moved we adopt the recommendations of the City"Engineer, seconded by Ross and
passed unanimously.
B. Chairman Kuhn of the Planning Commission reported on the status of the
Sequoia-Pacific Final EIR and the Downtown Plan Review Schedule. He said
that a Joint Meeting between the Council and the Planning Commission would
be most helpful as consultants would be present and often the same questions
are asked by both bodies. The Director of Community Development explained
the P.E.R.T. chart he had prepared, and mentioned that two joint meetings
were scheduled, one for the Downtown Plan Review and one for the EIR. The
idea being to coordinate the Downtown Plan Review with the EIR process and
try to arrive ati decisions early in November. A meeting between the Council',
Lands and Development Committee members, Aramburu and Littman, was scheduled
for Wednesday, September 24 at 7:00 a.m. at Tiburon Lodge with Planning
Commission representatives to attain a common viewpoint. This Committee
will deal with procedures and not content.
Ross mentioned he had heard that Dave Dawson of Sequoia-Pacific appeared
at the last Planning Commission meeting and questioned his comments.
Commissioner Phil Bass replied that Dawson had noted that if the density
were decreased the project would be killed.
VII. PUBLIC HEARINGS
A · REVISED TREE ORDINANCE (2nd Reading) FILE 11 4062
ACTION: Ordinance No. 165 N.S.
Passed Second Reading
The Public Hearing was opened and a letter from Nat Marans was read stressing
that the status at time of purchase be guaranteed. There were no further
public comments and the Public Hearing was closed.
CITY COUNCIL MINUTES NO. 392
Page 2
September 22, 1975
Ross noted that it was difficult to enforce such a guarantee and proof of
status at time of purchase should be among the evidence presented, if
necessary.
Aramburu mentioned that Sausa1ito and Belvedere have taken a different
tack. He urged that Tiburon c."~O~.".:8 the minimum statutes possible. In
further reference to Mr. Marans letter, l1r. Littman assured that in deter-
mining what was unreasonable obstruction, the Board would consider the
conditions of the property at the time of sale.
Chairman Kuhn questioned whether tLe first sentence in Section 15-20
was sufficiently clear and noted that this wording was not consistent with
other sections. Rose moved~ \-lith second by Are..mburu that the l~ordin~ should
be amended in Section 15-20 to read "...the Board shall find all of the
followin2 facts to be true:" Which passed unanimously.
Mayor Ellman then asked about the u?dating of the tex rolls from which in-
formation on the ordinance will be obtained and also questioned whether this
ordinance applies to trees in the public right-of-liay.
The Director of Community Development responded that it did not. Commissioner
Kuhn c~0.!ltcd that the point was well taken and the two measures should be
coordinated. The City Attorney felt there was no reason this Ordinance and
Item #20 to establish a policy of tree trimming or removal on the public
right-of-way should be mutually exclusive.
George Landau felt that tree policy should apply to the City as well as to
citizena, It was decided that New Business Iteo #20 be taken out of agenda
sequence as it was timely to do so.
Aramburu moved that the Ordinance be read by title only~ seconded by Littman
and passed unanimously. Aremburu then moved that Ordinance No. 164 N.S. be
deemed to have passed second reading~ seconded by Ross and passed unanimously.
(Tayer absent)
B. ESTABLISHING POLICY OF TREE TRIMMING OR REMOVAL
ON PUBLIC RIGHT-OF-WAY
ACTION: STAFF RECOMMEN-
DA TIONS ACCEPTED
FILE 1F: 4000
Lou Brunini, Superintendent of Pub!ic Works, noted th~t this matter was dis-
cussed at the Coun~il / Staff Workshop and th3.t under current policy he had
sole authority for decisionc and felt that it should be under the juris-
diction of the Board of Adjustments as is the.Tree Ordinance. Safety or
hazard problems ~re far mo~e i~~ortant than view decisions in these instances.
Littman moved we accept the recommended policy for the Trimming and Removal
of Trees on Public Right-of-Way, seconded by Ross. The public hear1ng was
opened, and Littman noted that the Tree Ord1nance permits the Board to
assess up to 50% of the costs on the owner of the tree and this is the only
difference in the recommended policy.
The Mayor inquired as to the cost of removing all eucalyptus trees on
public right-of-way and mentioned th~t the Community Development Department
should submit a list of desirnble trees. Aramburu noted that Sausa1ito bans
the planting of certain trees.
Question was called and the motion passed by the following vote:
AYES: COUNCILMEN: Littman, Ross, Ellman
NOES: COUNC ILMEN: A ramburu
ABSENT: COUNCILMEN: Tayer
Aramburu suggested we look at the matter again next year and the Mayor
suggested a thorough report on the subject regarding costs, work performed,
etc. He asked Aramburu to work on that report.
The City Attorney remarked that he would report next meeting on whether
the Ordinance could be used against the City.
C. TELE-VUE SYSTEMS (Rate Increase and
Franchise Modifications)
ACTION: Rate Increase
Approved Modifications
Tabled
File 1F: 4600.3
elements of the proposed increase
The Administrative Assistant explained the
CITY COUNCIL MINUTES NO. 392
P:1.ge 3
Septecber 22, 1975
and modifications. Littman inquired why Belvedere has a lower rate
than Tiburon; it was explained that in Tiburon there were fewer
connections for miles of cable and thus the higher cost. Littman
felt the miles difference should only be reflected in installation
costs and not monthly charges. Attorney Joe Sheeks of Tele-Vue noted
that Sausalito residents pay $8.00 because their entire system is
underground and that a $6.00 maximum rate was all Tiburon would bear.
Ross wondered how the Sausalito system compares with others in Marin
in maintenance costs. Mr. McHugh of Tele-Vue noted that their main-
tenance costs had risen 13~% this year, and that increased rates will
not meet their costs.
Littman asked if studies of the costs of undergrounding were available
and felt this knowledge should be shared with reference to other utilities.
Aramburu was told this was their first increase. The proposed ex-
pansion of services was then explained; they hope to install a color
studio for County-wide use and begin more local programming. The
station is happy to play any tapes but they do not have production
facilities currently.
Ross moved Council accept the staff recommendation to grant a rate in-
crease to $6.00 and defer the other items, seconded by Aramburu.
Littman then amended the motion to read "providing that Tiburon sub-
scribers not pay more than Belvedere subscribers", seconded by Ross.
Question:: was called, and the amendment failed by the following vote:
AYES: COUNCILMEN: Littman, Ellman
NOES: COUNCILMEN: Aramburu, Ross
ABSENT: COUNCILMEN: Tayer
Question was called on the original motion which passed unanimously.
Li ttman suggested Tele-Vue staff confer with Ci ty staff on undergroundir:;.
It was also suggested they work out a detailed plan for their proposed
franchise modifications before presentation to the Council for approval.
RECESS
The Chair declared a Recess at 9:46 p.m.: Council reconvened at 9:51
p.m., the roll standing as originally noted.
D. AMENDMENTS TO TIBURON ZONING
ORDINANCE (First Reading)
ACTION: Ordinance to be redrafted
and presented at next meeting.
FILE: 97503
The Director of Community Development noted that the present ordinance
does not provide for Design Review Board consider4tion of planned
development projects or multiple familY projects in the RPD, RUP and
PD zones; this amendment is to resolve this oversight. The public
hearing was opened; there being no public comment it was closed.
Littman felt the Planning Commission should definitely retain overall
responsibili ty. ~:~ .He suggested additional wording be added to the ordi-
nance to read "Nothing herein shall remove the ultimate responsibility
of the Planning Commission to make all final decisions of the Ordinance."
He felt this ordinance would make a two step hea~ing process into a
3 step one.
The City Attorney then noted that Section 11-1 is more specific as to
the duties of each body with regard to PD zones. Mayor Ellman asked
that the Ordinance be revised and brought back to Council with specific
references as to the duties of the Design Review Board. He then sug-
gested a member of the Council confer with Commissioner Edelstein of
the Design Review Board in an attempt to redraft the Ordinance priOr
to the next Council meeting; Councilman Ross was so designated.
VIII. NEW BUSINESS
A. Mayor Ellman mentioned that the upcoming League of California Cities
Conference in San Francisco had requested the appointment of a voting
delegate. The Mayor was so appointed.
CITY COUNCIL MINUTES NO. 392
Page 4
September 22, 1975
B. USE OF DEL MAR COURTS
FOR TENNIS TOURN~1ENT
ACTION: Use of courts for this
tournament only, annually, approved
FILE: 3055.7
The City Manager noted that Council should determine a policy on use of .~
City Courts, and that Councilman Tayer had expressed his strong objections
to any such use a.nd asked for a policy discussion.
~
Ross addres3ed himseJf to the matter of precedent; he felt this parti-
cular tournament was different tha~u~rs because of the community in-
volvement and the eventual return 0f~funds to the Par::s and Recreation
Commission. Littman noted that precedent is hereby being established
and that is that we make one court once a year available for this par-
ticular community tourn&ment. After further discussion, Ross moved
Council approv2 the reCOIQ~9nded use, with the condition of precedent
as noted by Littman, seconded by Aramburu and passed unanimously. It was
decided the matter will be brought before Council again for further policy discussion and
C. ESPERANZA LANE PATH ACrrrON: City Engineer to prepar~ecisiOl
cost estimate
_u FILE: 4300. 2b parameters
The City Manager noted that a cost estirnate.should be made as the Parks
and Recreation Commission had adopted specific guidelines and design
perimeters. Pe noted tl1at Council had earlier approved the instal~ation
of a stop sign at f1ar lvest. and Esperanza. Ross .inquired -as to the status
of Raccoon Lill'le - c.I!d._.::'he necessary use of stairs. The Ci ty Engineer
replied that if the grade is more than 12%, stairs are generally used.
Ross stress2d ~hat we t~~e a hard look at the historic use of the area
and walkway. He noted ~hat I1r. Dal Bon had taken public property and
that he shoulJ be challenged on the ownership. The City Manager added
that staff 'voula. -tak.e a look ar~d C0!l.le back with a recommendation; he was
most concerned about bottom line costs. The Mayor inquired as to the
Parks and Rc-~reiJ.tion C::munission f s priori ties. Berg replied that their
objective W2.S -to do one pcJ.th or lane pel.. year and this was the number
one priority in that: c.L:-ca.
Aramburu then G..ove~h~!= Conncil r2commends the City Enqineer prepare a
cost estirllate for Esper2.nza Lane. 2? based on Desiqn Cri teria established
by the Ad Hoc Committe~~conded by Ross and passed unanimously.
D. AFTER SCHOCJL :?ROGPAi-~ ACT IO:N : Staff recommendations
approved
FILE: 1070
The City Manaser no ted thE.:xe \.vas concern -about crossing guards at the
various school--inte~3c~tions but it was felt an additional hour at Reed
School only woulCt 8ufficE:, ~Ni i:h .supportin9" monies corning from the Parks
and Recreation- Revolving Fund. Mayor Ellman questioned whether the
Revol ving Fund was the prope:::- source.. Aramburu mentioned that CALI
TRANS had rejected a signal at that intersection and he suggested we
pursue some safety.device the~e, especially with this au~a€nted use.
He felt it appropri.ate for the addi .f:ional cost to be under highway
safety and that hopefully an alternative method could we found. It was_
suggested that tb2 School District could perhaps sponsor the additional
guard and that it should b2 brought up at thei.r next Board meeting .
Aramburu was willing to let the Ci"ty r1anager work. out the crossing guard
item. Littman questioned the percentage of Belvedere's fund parti-
cipation and felt they were possibly not carrying their fair share. The
Parks and Recre-2:t_io~l Department would advisE; Council of the extent of
Belvedere participation in the program.
Aramburu moved ~h~t staff's recommendations be accepted, seconded by Ross
and passed unanimously.
E. APPOINTMENTS ~O EOARDS, COM-
MISSIONS l\ND COMMI;rTEES
Mayor EIL~an appointed Peter Berg and Dennis Rockey to the Joint Bel-
vedere/r..:ibe.ron Co-'Ordina-c.ing Council and Mr. Tom Gram to the Parks and
Recreation ComrliS3ion too fill ~1r. T'ickett' s seat.
F. ESTABLISHING POLICY. OF PBPAIRING OF
PRIVATE STREETS FOR PUBLIC USE
ACTION: City Engineer to re-
port on Mill Valley procedure
FILE: 4400
-- ~rtTT_ MINUTES # 3 92
and mOdifications. Littm~h ~
than Tiburon: ;.,.. __
Conn,,_. .
P ag e 5
... -'" ",-,ember 2 2, 19-75
B. USE OF DEL MAR COURTS
FOR TENNIS TOURN~lENT
ACTION: Use of courts for this
tournament only, annually, approved
FILE: 3055.7
The City Manager noted that Council should determine a policy on use of
City Courts, and that Councilman Tayer had expressed his strong objections
to any such use and asked for a policy discussion.
~
Ross addressed himself to the matter of precedent; he felt this parti-
cular tournament was different tha~u~~rs because of the community in-
volvement and the eventual return 0f~funds to the Par::s and Recreation
Commission. Littman noted that precedent is hereby being established
and that is that "itle make one court. once a year available for this par-
ticular community tourn&ment. After further discussion, Ross moved
Council approve the recoI~~9nded use, with the condition of precedent
as noted by Littman, seconded by Aramburu and passed unanimously. It was
decided the matter will be brought before Council again for further policy discussion and
C. ESPERANZA LANE PATH ACrrION: City Eng~neer to prepar~ecisior
cost estlmate
_ FILE: 4300. 2b parameters
The City Manager noted that a cost estimate should be made as the Parks
and Recreation Commission had adopted specific guidelines and design
perimeters. Pe ncted that Council had earlier approved the instal~ation
of a stop sign a-t r1ar \ves.c and Esperanza. Ross -inquired .as to the status
of Raccoon Lal"le. c..r~d _.:.he necessary use of stairs. The City Engineer
replied that if the grade is more than 12%, stairs are generally used.
Ross stress2d 3::hat we tc:~(e a h3.rd look at the historic u.se of the area
and walkway. He noted ~hat Mr. Dal Bon had taken public property and
that he shoulJ be challenged on the ownership. The City Manager added
that staff ,.,ould .take a look ar..d C0!l1e back with a recormnendation; he was
most concerned about bottom line costs. The Mayor inquired as to the
Parks and Rc.-~reu.ti.on C::munission f S priorities. Berg replied that their
objective W2S to GO one p~th or lane per year and this was the number
one priority in that (.LYCa.
f..
Aramburu then ~ove~~l~~t Coun~il recommends the City Enqineer prepare a
cost estiMate for Esperculza Lane __~? based on Desiqn Cri teria established
by the Ad Hoc Committe~~conded by Ross and passed unanimously.
D. AFTER SCHOCJL :i?ROGPAi.:;: ACTION: Staff recommendations
approved
FILE: 1070
The City Manager no t~d thE:re wa~ concern -about crossing guards. at the
various school.intc-::r.:.:>c::tic.)ns but it was felt an additional hour at Reed
School only \,oJou16 8ufficE:, ~^,i t.h .supporting monies corning from the Parks
and Recreation. Revolving Fund. Mayor Ellman questioned whether the
Revolving Fund was the proper source-. Aramburu mentioned that CALI
TRANS had rejected a signal at that intersection and he suggested we
pursue SOIlle safety .device theJ...~e., especially with this augmented use.
He felt it appropriate for the additional cost to be under highway
safety and that hopefully an alternative method could we found. It was.
suggested that tb2 School District could perhaps sponsor the additional
guard and that it should h~ brought up at thei.r- next Board .meeting.
Aramburu was willing to let the Ci-ty f1anager work out the crossing guard
item. Littman questioned the percentage of Belvedere's fund parti-
cipation and felt they were possibly not carrying their fair share. The
Parks and Recre2:t.io:l Department would adviSE: Council of the extent of
Belvedere participation in the program.
Aramburu moved th~t staff's recommendations be accepted, seconded by Ross
and passed unanimously.
E. APPOINTMENTS ~O BOARDS, COM-
MISSIONS AND COMf>1I'rTEES
Mayor EIL~an appointed Peter Berg and Dennis Rockey to the Joint Bel-
vedere/r.:ibc..ron Co-.Ordina.c.ing Council and Mr. Tom Gram to the Parks and
Recreation Comnis.::;ion -'co fill ~1r. r ickett' s seat.
F. ESTABLISHING POLICY. OF REPAIRING OF
PRIVATE STREETS FOR PUBLIC USE
ACTION: City Engineer to re-
port on Mill Valley procedure
FILE: 4400
CITY COUNCIL MINUTES #392
P ag e 5
September 22 I 19.75
The Supe1"intenJ~llt; o! .':ul':i . C \';u,r:(<::; :,!uLcJ, :::bA;' d;cr~ ;l..l:'e SO"J'"C1:'Cl 1. p1.'iva to aLreets
in Tiburon where residents have requested ~epair but where we legally can't
patch them. H8 recommended we acquire the right-of-way with the help of the City
Attorney and keep the streets open and usable" Mr. Aramburu questioned the
current policy and was 'L:old if private owners first bring the street up to the
standards of the City Engineer, City will then accept and maintain them. Mayor
Ellman questioned whether there has been an effort to get the owners together
and suggested it be done. Littman felt the City Attorney could come up with an
imaginative solution and a specific negotiation posture.
The City Engineer noted there v:ere twc ~roblens - the fir.st the acquisition
of the right-of-way and the second thp. cost of improvements. He noted Mill
Valley has instituted an ordinance to dGal with the problem as they are actually
public streets Ly usage. Litt~an askc~ th~t the City Engineer present Council
with Mill valley'u solutio!:,
G. PROPOSAL REQUIRI~G FEES FOR CUTTING OF SL{EETS
BY PUBLIC AGENCIES AND~ UTILITIES_____
~CTION: LETTER TO BE SENT
TO P.G. & E.
FILE NO. 4400.3
The City Manager noted the City might want to inve3tigate the matter of re-
quiring fees for the cutting of streets as is done in Belvedere and San Rafael.
A fee for blaockage of public streets was felt an excellent idea. Mr. Aramburu
abstained from discussion and action on this matter. As the City Manager was
attemrting to ascertain Council interest in a fee, a.l1 were questioned, and the
remaining Councilmembers, Ellman, Ross and Littman favored such a system. It
was noted that the utilities have offered to work with the City regarding this
matter.
Mr. Doug Braun of P.Go & F.~ was pressnt ~nd noted that the cost for such fees
is actually passed o~ to the consumer" Littman did feel it might aid in dis-
couraging unnecessary disruptions and st~e0.t cuttings.
At this tims. i~ waJ mentioned that a ).et;:er hc.d bCt.:;n reccived from the Marin
Director of PG & Z saying thay were going ahead with the installation of their
system through our bi~ycl.:;; rath iT! acc~rc1anee. with thei:: Law Department's
decision. It was the :Jf~!J.SC of. Gounci:l t:~2~ th3 City Attorney be consulted
and a letter written im~edi:?tely stat::.ng we disag:;:ecd with their position.
H. SECTIO~ 8 HOU2:..1NG-A~?)~.~rAi\r:~ FA YMEl\iT~ Pl{09MJ1
ACTION: Resolution No. 759
Adopted
FILE NO. 3000
After a brief introductic~ of the ite~, which ~rould authorize the County of
Marin to opeJ:ate Section 8 l:ousing Assistar:.~.;e l'ayments within the Corporate
Limits of the City of 'fi.buron, R02S U1?VEd we D.pp::ove Resolution 759, seconded
by Aramburu, passed un:J.n:i.rl'1.0U~:
IX. COMMUNICATIONS AND CITY MANAGER ITEMS
1. Net Depot Prope~!l - =he City Manag~r mentioned that h~ had received a
letter from the Bureau .pf OutdOOI Recreation asking~or the specifics on
Tiburon'.3 interest in the )ro;?c:.:ty. It "wc;,s i:'~otcd that the Galifornia Academy
of Sciences is interested in the entire area and suggested that we work with
them. Littman was appointed as representative to discuss the area and coordi-
nate plans and ideas. It was also indicated that tte Parks & Recreation Comm-
ission should work on the ;1rea hend in hand with the Planning Commission and
indicate the best intended uses of the area.
2. Resolutions commendin3 Gordon Strawbridge and Louise Teather for their
services to Tiburon and the Landmarks Society were presented and passed unani-
mously to be ?rese~ted at ';.:h~ Landmarks Society dinner on Sept. 30 by Mayor Ellman.
3. The City Manager ,~ommented on a letter he had received from the Superinten-
dent of Reed Union School District commending Lou Brunini, Supt. of Public Works.
X. EXECUTIVE SESSION
Council adjourned into F,-:ecutiv:: Se,ssion 2.t 11:30 p.m.
XI. ADJOURNMEN7
~ere being no further businesc, the ~~3ting was adjournei at ll:50 P.M. until
Tuesday, October l4, 1975.
ATTEST:
~
--..-."
September 22, 1975
Pe ge 6
R.L.
~F.,~,NU',-:ES 'tj{J 3 '~2
CORRECTED
CITY COUNCIL
CITY OF TIBURON
CALL TO ORDER
The regular meeting of the City Council of the City of Tiburon, State
of California, was called to order by Mayor George Ellman at 7:40 p.m.
on Tuesday, October 14, 1975 in the City Council Chambers.
ROLL CALL
PRESENT: COUNCILMEN: Aramburu, Ross, Ellman, Tayer, Littman (8:45)
ABSENT: COUNCILMEN: None
EX OFFICIO: R. L. Kleinert, City Manager; R.E. Fosnot, Director of
Community Development,; Stan Bala, City Engineer; Louis Brunini, Super-
intendenD of Public Works; Sergeant Bob Krolak; Police Department;
Robert Conn, City Attorney; Muffin Nelson, Minutes Clerk.
MINUTES
392 - Page 4, second paragraph, first sentence, "Ross wondered how"
and Page 4, Item D., first sentence, "multiple family". Page 5, Item B,
second paragraph, first sentence, to read" the return of future funds"..
Item C, first sentence, last word "aprameters". Page 5, Item B, add
"it was decided the matter will be brought before Council again for
future policy discussion and decision."
On motion of Aramburu, seconded by Ross, Minutes #392 were approved as
corrected by the following vote:
AYES: COUNCILMEN: Aramburu, Ross, Ellman
ABSTAIN: COUNCILMEN: Tayer
ABSENT: COUNCILfl.1EN: Li ttrnan
CONSENT CALENDAR
Item 15, AMENDMENT TO CHAPTER 13 OF BUILDING REGULATIONS OF THE CITY OF
TIBURON BY ADOPTING NATIONAL ELECTRIC CODE, was moved to the Consent
Calendar to set the public hearing.
After some questions and discussion, it was moved by Aramburu, seconded
by Ross, that the Consent Calendar as amended, consisting of the follow-
ing items, be unanimously approved.
1. Buoys Marking Salt Works Canal - Resolution
2. Budget Adjustments and Fund Transfers
3. Notice of Completion - Resolution
4. Review Scope of Services for EIR for Zelinsky MAster Plan
5. Establishment of Red Zone between 48-50 Reed Ranch Road - Resolution
6. Stop Sign Installation at Reed Ranch Road & Warrens Way - Resolution
7. Treasurers Report and Claims Register - September
8. Designating City Manager to Act in Matters Pertaining to Federal
Civil Defense Act of 1950 - Resolution
9. Establishment of Belveron Park Dedication Date
10. Encroachment Permits
a. 2304 Mar East - Encroachment on Right of Way
b. 199 Stewart Drive - Standard Driveway Cut
c. 201 Stewart Drive - Standard Driveway Cut
d. 2 Mateo Drive - Standard Driveway Cut
11. Set Public Hearing RegardingEnforcement of California Vehicle Code
on Ned's Way
12. Set Public Hearing for Amendment to Chapter 13 of Building Regu-
lations of the City of Tiburon by Adopting the National Electric Code.
QUESTIONS AND COMMENTS - PUBLIC AND CITY COUNCIL
A. Mrs. George Goder of 48 Reed Ranch Road extended thanks to the Council
for their efforts and assistance in establishing a No Parking Zone on
Reed Ranch Road.
B. Gordon Strawbridge noted the importance of the Council support of
plans to protect the seals at Strawberry Spit.
CITY COUNCIL MINUTES # 393
Page 1
October 14, 1975
C. Mayor Ellman noted that Item 13, Report of the Tiburon Boulevard
Redesign Committee, would be placed on next meeting's Agenda.
REPORTS BY CHAIRMEN OF COr1MISSIONS, BOARDS, AND COMMITTEES
12. Planning Commission Chairman Kuhn reported on the Planning Com-
mission status of the Downtown Plan revised thxt. He noted the key
issue was the density criteria, and felt it might be appropriate to
delay further study of the Downtown Plan until the EIR and traffic
studies were completed.
It was questioned whether an EIR v10Uld be required for any changes in
the Downtown Plan. The Director of Community Development replied that
as the changes resulted in a ~uction in impact, it was not required.
Tayer asked if the Planning Commission was reviewing the Downtown Plan
in relation to the proposed development and not as an isolated plan.
Kuhn said they had looked at the plan without specific application.
The City Attorney noted we must consider basic , fairness to the developer
as far as the Courts were concerned. Aramburu suggested that City
staff be instructed to notify the developer and representatives to
attend the Planning Commission meetings and speak to the issue. It was
mentioned that the developer had met with the City Manager and some
Council members; Aramburu stressed the mandate of the Technical Review
Committee was only to look for technical errors in the EIR and not to
make any substantive changes. He noted that traffic figures were now
being corrected and the old ones actually invalidated current findings.
Aramburu outlined portions of the EIR where there were questions and
brought Council's attention to his memorandum on the subject. Ross
moved that Council adopt Aramburu's suggestions, providing they-ao-not
cause undue delay, seconded by Aramburu. The suggestions on the visual
impacts section were: 1. Have Bob Fosnot, Bob Kleinert, Peter Szaza,
Hal Edelstein and Phil Buskirk meet to discuss whether the input data
were accurate and whether the pictorial depictions are in the proper
perspective (optically). 2. Suggest to Phil Buskirk that he provide
building detail sufficient to mitigate the harshness of the existing
silhouette. 3. To take another picture, or pictures, from Mar West
or the Bay to use for a more d-istant viewing perspective, or possibly
substitute this one for an exi~~ing photograph. This would provide
bott. a short and long range perspec ti ve of t.he dev 210pment. The question
was called; the motion PASSED UNANIMOUSLY. Aramburu clarified the motion
saying "two weeks" would be an undue delay.
It was mentioned there were also questions on the worksheet and rating
section. Mayor Ellman noted that the original contract called for a
listing of impacts and not necessarily such a rating scale. He then
moved that the worksheet rating scale be left out and replaced by a
list of the environmental impacts in order of descending importance.
The Question was called and the motion passed by the following vote:
AYES: COUNCILMEN: Tayer, Littman, Ellman
NOES: COUNCILMEN: Ararnburu, Ross
Aramburu then moved a substitute worksheet be drawn up in light of the
motion just passed; the motion died for lack of a second.
In order not to delay the printing of the rest of the EIR, A~buru moveq
that sections other than visual impact be commissioned !or printing
with noted corrections on the condition that it in no way hinder the
total document, seconded by Ross, and PASSED UNANIMOUSLY.
Littman again questioned the work of the Planning Commission on the
Downtown Plan. He felt they should not proceed with amendments relating:
to density before seeing the Final EIR. Chairman Kuhn agreed it would
be more appropriate for the Commission to have EIR data before reaching
a decision. To clarify the Commission's directive, Tayer moved that
the Planning Commission not review the Downtown Plan in the abstract
but rather utilize the valuable data contained in the EIR, seconded
by Ross. Question was called and the motion PASSED UNANIMOUSLY.
CITY COUNCIL MINUTES #393
Page 2
October 14, 1975
NEW BUSINESS
24. SKATEBOARDS ON CITY STREETS
ACTION: APPROVED PD RECOMMEN-
DATION TO DRAFT ORDINANCE
FILE: 5040.1
Due to the increased popularity of skateboards and the hazards created
in Tiburon by their use, Ararnburu moved that Council accept the Police
Department recommendation to create an ordinance controlling skate-
boards on certain public streets and to set a hearing for the first
reading of such ordinance, seconded by Ross. Tayer amended the motion
asking the Mayor to appoint a Committee from both the Parks and Rec-
reation Commission and the Homeowners Groups to be included in such
deliberations on an ordinance. Question was called on the amended
motion and it passed unanimously.
PUBLIC HEARINGS
14. RESIDENTIAL DEVELOPMENT REVIEW BOARD
ACTION:RESOLUTION 767
EXPRESSING INTENT PASSED
FILE: 3056
The Director of Community Development noted that Tiburon had not yet
taken action on the Jt. Powers Agreement or the revised Ordinance to
establish a Residential Review Board. He noted that many of Tiburon's
earlier objections had been incorporated into the new ORdinance, par-
ticularly those about indemnification.
Several citizens were present to speak to both sides of this issue and
members of the Marin County Planning Department and Commission were
also present supporting Tiburon approval of the Agreement. At the
close of the public hearing, Aramburu moved that Resolution 767, ex-
pressing our intent to approve of the Ag~eeme.brbe adopted, seconded
by Tayer. Tayer mentioned that if we determine it is not serving our
best interests, we can always ept.-o()o\!1:.. withdraw. NOES: Littman.
Littman questioned the status of our Downtown Plan in relation to the
Residential Development Review Board and objected to Mill Valley, Bel-
vedere and Sausalito participation in such decision. He expressed his
opposition to the measure and felt it would add another unnecessary
layer of Bureaucracy and eliminate local control of development.
Aramburu noted the Resolution was only to express intent and he viewed
it as a mechanism for keeping Marin County as it presently exists. He
said we must begin to plan on a larger, regional scale.
After further discussion, Question was called, and Resolution 767 PASSED
by the following vote:
AYES: COUNCILMEN: Aramburu, Ross, Tayer, Ellman
NOES: COUNCILMEN: EllRUlft LITTMAN
RECESS
The Chair declared a Recess at 10:20 p.m.- Council reconvened at 10:30
p.m., the roll standing as noted.
ACTION: City Engineer directed
to work on design of interim
solution wi homeowner reps
FILE: 5040.1, 6100.1
The City Manager presented the item and noted the Traffic Safety Com-
mittee had studied the matter and recommended action be deferred until
plans for the realignment of Tiburon Boulevard at Trestle Glen are
developed.
23.
GREENWOOD BEACH ROAD
CUL-DE-SACING
Several Greenwood Beach Road residents were present requesting a sim-
ple, temporary solution prior to realignment. Tayer moved that Council
a~prove cul-de-sacing of Greenwood Beach Road and direct the City En-
g1neer to prepare plans and specifications in accordance with previously
approved policy and plans for the area and that the City further be
directed to take steps prohibitinq parking in the area, seconded by Ross.
CITY COUNCIL MINUTES #393
Page 3
October 14, 1975
Littman inquired about the cost if it were done in conjunction with
realignment. Lou Brunini, Superintendent of Public Wmrks, pointed
out that the City did not own all the right-of-way along Greenwood
Beach Road and cul-de-sacing might become impossible.
Mayor Ellman said it was the policy of the Council to go ahead with
the cu1-de-sacing but that an interim design and staff recommendations
were needed. The motion was dropped and the City Engineer was directed
to work with Mr. Phil Richardson, of the Greenwood Beach Property
Owners Association, and with the State, if necessary, to determine
the proper place and design for cul-de-sacing, leaving emergency
vehicle access. It was felt a temporary solution could be affected
and Ross asked that staff recommendations and design come back before
Council.
PUBLIC HEARINGS
17. CARN/LEWIS PRECISE PLAN ACTION: Res. 768, amended,
approving Precise Plan and Ten-
Tative Map approved.
FILE: 47409
Staff presented Resolution 768 approving the Precise Plan and Tenta-
tive Map for the Cahn/Lewis Project. Maps outlining the two Phases
of Development were presented along with a scale model. Chester
Judah, a neighboring homeowner, questioned tfte settacks established
for some lots and requested they at least conform with others on Avenid~
Miraflores. Ross moved Item 9 be added to the Resolution to read,
"Building envelope setbacks on Lots 5, 6, and 7 be thirty (30) feet
from the pavement to conform with lots across Avenida Miraf10res,
seconded by Aramburu and PASSED UNANIMOUSLY.
Mr. Fosnot then presented an amendment requested by the City Attorney
calling for a determination by the Council of the Subdivision's ad-
herence to the amended Subdivision Map Act. After some discussion of
the necessity for such an amendment, Aramburu moved the addition of
Item 10 to read, "Prior to approval of the Final Subdivision Map, the
City shall assure itself that the Regional Water Quality Control Board
requirements have been met~ seconded by Ross and PASSED UNANIMOUSLY.
Architect Michel Berline then no~ed the developers wished to place
Units 8 and 9 in Phase I and tha~ this would found acceptable to the
City Engineer as stipulated in earlier Council motion. Littman moved
the request of the developer be granted, seconded by Ross. It was
noted that Staff had recommended against "this. The Question was called
on Item 11, "That lots 8 and 9 be included in Phase I in accordance
with the phasing schedule of the Master Plan Text as approved by the
City Council on July 28, 1975, and that the boundary line for Phase I
be readjusted to include lots 8 and 9", and it PASSED by the following
vote: Tayer
AYES: COUNCIL~mN: Littman, ~yaer, Ross, Ellman
NOES': COUNCILMEN: Aramburu
Question was then called on Resolution 768, as amended, and it PASSED
UNANIMOUSLY.
16. AMENDMENTS TO TIBURON ZONING
ORDINANCE
ACTION: Continued t/lO/27/75
FILE: 97503
OLD BUSINESS
18. CAL/TRANS PROPERTY ACQUISITION
ACTION:P&R Commission recom
mendations accepted & City
Manager to so advise County
FILE: 4100.1
The City Manager presented maps, noting the area designations as
approved by the Parks and Recreation Commission. He mentioned the City
may be required to place covenant and deed restrictions. Council con-
veyed approval of the designated areas and asked the City Manager to
present the plan to the County when requesting funding assistance for
the CAL/TRANS property purchase.
CITY COUNCIL MINUTES NO 393
Page 4
October 14, 1975
19. RICHARDSON BAY SPORTS GREEN ACTION: P&R Commission recom-
mendations accepted; City
Engineer to make final drawing8
FILE : 305 5 . la
The City Engineer presented a drawing of the proposed Sports Green,
including both soccer dnd rugby fieldso He said approximately $80,000
would be needed for grading, irrigation system and seeding. Tayer asked
if the plans were consistent with the Sasaki-Walker Plan.
Aramburu moved we accept the recommenda.tions of the Parks & Recreation
Commission and authorize theCIty Engineer '-to make final drawings in
anticipation of going out to bid for the complete job if propitious,
seconded by Ross.
The City Manager pointed out the financial situation because only
$40,000 has been budge.ted anu 2stimated P&R In-LIEU fees have not been
received as anticipated. It was mCIltioned that irrigation plans are
currently being worked on. Question was called and the motion PASSED
UNANIMOUSLY. It was the sense of the Council th~t Design Review and
EIR were not necessary as there were no perrnanent structures planned.
20. REDEVELOPMENT CONCEPT FOR
DOWNTOWN AREA
ACTION: City Manager's recom-
mendations accepted
FILE: 4400. 10
Littman said he felt it impossib18 tc ~3ke any decisions or get action
prior to the December 31 deadline and that it would further complicate
any decisions on the Downtown Plan and Sequoia Pacific EIR. Ross moved
the matter be tabled, seconded by Li t-tmaJ.1. The City Manager explained
the matter was placed on the Agenda as Council had requested a status
report. It ~vas the s~nse of the Council ~hat the motion be dropped and
the City's Manager's recommendations be accepted. They were: 1. The
City Council should proceed with certification of the Sequoia-Pacifi~
Final EIR and considerc.tion of the subsequent Master Plan submittal.
2. During the Master Plan proc~ss, Council should determine its desire3
regarding redevelopment and in~_ t-i.a.tp nece=:sary action regarding pre-
paration of the Redevelopms~t Pl~n. 30 If Council agrees to pursue
development, the City should retJin ~edevelopment legal expertise whose
fees would be paid out of redevelopment agency funds.
21.
ESPERANZA LANE PATH
Ac'rION:
FILE:
Continued to 10/27/75
4300.2b
22. DOWNTOWN DRl~INAGE (RepJrt ~nd ACTION: Pump to be raised and
Recommendations by Ci_-ty EJ.19'~r~cer; inspected; cost Sharing to be
discussed with Belvedere
FILE: 4020
The City Engineer Cl.nd t>..e Superi--".:.c::nc.2.J.~t af Fublic ~vorks explained the
status of the pump and l1ecessary costs for inspection prior to repairs.
They displayed a map of the pump area c:.nd ~~ugges"'c.ed certain improve-
~ents to raise the surrounding water levelo After some discussion of
the City's liability and the "marsh" a.rea fu-ture, it was decided the
pump be raised and inspected and the COS'C sharir:.g of any needed re-
pairs or improvements be discussed wi th Belvedere. Li ttman reque::; :":':,,"
a staff ~eport on the pond drainage area.
STAFF REPORTS, COMMUNICATIONS AND CITY MANAGER ITEMS
Council accepted the written reports on Hilarita and abatement of the
Old MEchanics Building &s presented.
EXECUTIVE SESSION
An Executive Session was not held.
ADJOURNMENT
There being no further business,
Wednesday, October 15, 19750
ATTEST:
the meeting was adjourned at 12:35 RR~
.ff~ 2~~
GtORGE E MAN, Mayor \
ROBERT
Manager/Clerk
CITY COUN2IL MINUT~S #393
Page 5
October 14, 1975
CITY COUNCIL
CITY OF TIBURON
CALL TO ORDER
The regular meeting of the City Council of the City of Tiburon, State
of California, was ca~led to order by Mayor George Ellman at 7:36 p.m.
on Monday, October 27, 1975 in the City Council Chambers.
ROLL CALL
PRESENT: COUNCILMEN: Ross, Tayer, Ellman, Aramburu (7:38~ Littman(9:00)
EX OFFICIO: R. L. Kleinert, City Manager; R.E. Fosnot, Director of
Community Development; Louis Brunini, Superintendent of Public Works;
Lt. Mike Manick, Acting Police Chief; S.tan Bala, City Engineer; Richard
Breiner, Deputy City Attorney; Muffin Nelson, Minutes Clerk.
MINUTES
393 - Page 3, Item 14, end of second paragraph, " ... we can always
withdraw." Same item, vote corrected, NOES: Littman. Page 4, Item
17, Vote: transposition of Tayer corrected.
The minutes were unanimously approved as amended.
CONSENT CALENDAR
Item 19, Cooperative Agreement for Community Development Block Grant
was placed on the Consent Calendar. Item 11 was removed due to error
and will be brought back corrected at the next meeting. Item 9, Award
of Bid, was removed for further discussion.
Mr. Richard Conrad, Southern Marin Manager, PG&E, spoke on Item 4, re-
garding the Nuclear Safeguard Initiative. He requested either the item
be removed from the Consent Calendar or the Resolution wording be
altered, and spoke briefly about his experience with and knowledge of
nuclear power noting a State legislative Committee was currently
studying the matter. Aramburu noted the Resolution calls for public
information and discussion ~nd docs not inply endorsement. References
to endorsement in the Agenda Bill were s.triken as misleading.
On motion of Ross, seconded by Ara~buru, the Consent Calendar was unani-
mously adopted as a~ended, cOl1sisting of ~he following items:
1. Veterans' Day Holiday Observ3nce for employees
2. Set Public Hearing for Order to Show Cause - Illegal Dwelling Unit
3. Encroachment Permit (116 Sugarloaf Dr.)
4. Nuclear Safeguards Initiative - RESOLUTION 769
5. Approval of Federal Aid Urban (FAU) System)
6. Establishing No Parking Area on Esperanza Lane - RESOLUTION 770
7. Establishing No Parking Areas Adjacent To Fire Trails - RES. 771
8. Amendment and Agreement to State Land and Water Conservation Fund
Project - RESOLUTION 772
9. Approval of Senior Citizens Contract for 1975-76 - Agreement
10. Cooperative Agreement for Community Development Block Grant
QUESTIONS AND COMMENTS - PUBLIC AND CITY COUNCIL
A. Mayor Ellman noted the Coucil would like a General Plan from PG&E
as to their future programs and plans for Tiburon.
B. Aramburu commended the Tiburon Chamber of Commerce for their
succinct, accurate and informative new pamphlet about Tiburon.
C. Aramburu noted that when the Council considers a skateboard ordi-
nance for Tiburon, they might consider special areas of special
use permits allowing for skateboard practice and riding.
D. Louis F. Brunini, Superintendent of Public Works, and the first
City employee to serve 10 years, was presented a plaque by Mayor
Ellman and commented briefly about the past ten years in Tiburon.
CITY COUNCIL MINUTES # 394
Page 1
October 27, 1975
The Lyford's Cove - Old Tiburon Homeowner's Association presented Lou with
an arrangement of Tiburon flowers and a sculpture depicting a City Public
~10rks Truck on a rough road. Gordon Strawbridge, Tiburon's first Mayor,
expressed kind words about Lou's service and dedication to the City.
E. Councilman Aramburu requested that Item 23, Request for Sign Ordinance
Variance, be taken out of order.
23.
REQUEST FOR SIGN ORDINANCE VARIANCE
(St. Stephen's Guild - Belvedere)
ACTION:
FILE:
Request Denied
3000
As the City's sign ordinance does not specifically deal with signs for a
non-profit organization and short-term placement, the Council was asked
to approve placement of a large banner on the Del Mar Tennis Courts fence.
It was the sense of the Council that a place for such signs was needed in
the community and Mayor Ellman requested the Director of Community Develop-
ment to come up with recommendations and specifications regarding the
placement of such banners and signs. It was moved by Ross that the request
be denied, seconded by Tayer. Question was called and the motion passed
by the following vde:
AYES: COUNCILMEN: Tayer, Ross, Ellman
ABSTAIN: COUNCILMEN: Aramburu
ABSENT: COUNCILI1EN: Littman
REPORTS BY CHAIRMEN OF COMMISSIONS, BOARDS AND COMMITTEES
13. TIBURON BOULEVARD REDESIGN COMMITTEE, Chairperson Bergsund
Ms. Bergsund briefly summarized the work of her Committee and the report.
Ross questioned whether this report was consistent with the EIR and asked
that the Traffic Engineer put down in detail what his assumptions were in
arriving at the capacity number in the EIR. Aramburu asked about the
relationship of this document to the Circulation Element and the Director
of Community Development noted it was completely compatible.
The Mayor said that if the report were acceptable, he would like to uti1iz~
it as the working document for the Richardson Bay Project Area and re- .
activate a community-wide long term Committee. Chairman Kuhn of the Plan-
ning Commission noted the matter was on the Commission Agenda and he would
be willing to serve as Chairman Pro-Tern of such a Committee as requested.
Ararnburu moved the City Council adopt the report as policy, seconded by
Ross. The City Engineer suggested we forward a copy of the report to CALI
TRANS for information. Tayer made a substitute motion that staff be
directed to prepare a Resolution adopting this document as City policy,
such Resolution to be resented at the November 10 Council meetin , seconded
by Ross. Quest10n was called and the motion passe y the follow1ng vote:
AYES: COUNCILMEN: Ross, Tayer, Ellman
NOES: COUNCILMEN: Aramburu
ABSENT: COUNCILf-1EN: Li ttman
Aramburu asked that this document be placed on the Belvedere City Council
agenda for discussion and recommendation. Ms. Bergsund can attend their
meeting to discuss the report and answer questions.
PUBLIC HEARINGS
AMENDMENTS TO TIBURON ZONING ORDINANCE
ACTION: Continued to December
8 Council meeting
FILE: 97503
The Director of Community Development noted that the Planning commission
felt a need for the entire Commission to review the proposed amendments
and Chairman Kuhn asked the item to be withdrawn for further study. Ross
had met with Commissioner Edelstein at the request of Council and he con-
curred with the need for the amendments. Littman questioned the mandatory
wording in Section land 2 and discretionary wording in Section 3. He
then moved that the word "may" be substituted for "shall" in Sections 1
and 2, seconded by ARamburu. After further discussion, the motion was
withdrawn and it was decided the entire Planning Commission would review
the amendments and brinq them back at the Council's December 8 meeting.
CITY COUNCIL MINUTES # 394
Page 2
October 27, 1975
AWARD OF BID (Trestle Glen
Boulevard Street Repair)
ACTION: Alternative #2
accepted; additional infor-
mation requested
The City Manager noted bids for this job had been submitted on two alter-
natives, both of which are over budget. Alternative #1 would be to com-
plete the entire job, and Alternative #2 would perform only the necessary
repairs at this time. The City Engineer recommended Alternative #2. It
was mentioned that following award of contract , a work order could be
issued withdrawing the handrail, which was felt by some to be unnecessary.
Ross moved that Council accept Alternative #2 but that we request the City'
Engineer to ascertain unit cost for the hand rail and submit the data at
the next Council meeting, seconded by Tayer. Question was called and the
motion passed unanimously.
OLD BUSINESS
ESPERANZA LANE PATH
ACTION: Tabled; Ross to meet with resi-
dents and staff
FILE: 4300.2b
Prior to discussion of the matter, Ross suggested he take responsibility to
meet with local residents on this issue as funding is not available. He
indicated he would need staff assistance from the City Attorney and the
City Engin~er. On motion by Tayer, the matter was tabled until Ross could
meet with residents and staff, seconded by Aramburu and passed unanimously.
DOWNTOl~ DRAINAGE
ACTION: Approved City Engineer's recom-
mendations for two current projects
FILE: 4020
The City Engineer displayed a map of the Downtown Area showing the proposed
Drainage Plan. The Superintendent of Public Norks noted the City's pump
was in working order and showed photos of the debris retreived from the
pump and the ponding area. He estimated costs for all four stages of the
Plan would be close to $112,000. The current needs are to replace the
existing pipe at 7-11 Main Street with a larger pipe and manhole at a cost
of $6500, and to build a weir in the Marsh area to raise the holding pond
level.
The City Engineer further explained several problem areas Downtown and noted
that the Sequoia-Pacific Plan will consider part of the downtown and marsh
areas in their overall drainage plans.
The question of financing arose; two alternatives are the formation of a
special Drainage District and the approval and implementation of the
Downtown Plan. Ross noted that Sequoia-Pacific would pay fees and be re-
sponsible for all drainage to Raccoon Straits.
The question of maintenance of a proper fresh water marsh was brought up
and it was suggested we obtain information from the Audubon Society. The
City Engineer then asked Council's approval of the two projects. Aram-
buru moved that Council authorize the City Engineer to proceed with the
construetieft Gf ~he faG~~!ty, ~ftde~ T-ll Ma1ft .Streee,- the ~efties to be
obtained from the Drainage Fund, seconded by Ross and passed unanimously.
Li~~mam; then moved Council approved the recommended weir; Aramburu amen-
ded t e motion by addin "and re uest in ut from the Audubon Societ or
sim~ ar agency addressing impact on the marsh", seconded by Ellman. It
was suggested that either Mrs. Terwilliger or Mr. Schaeffer could recommend
the proper agency for inquiry. Question was called and passed unanimously.
It was then moved by Aramburu that the City tlanager come back to Council by
the November 10 meeting with the full financial story on total drainage
costs by agency and what financial alternatives we have, seconded by
Littman and passed unanimously.
RECESS
The Chair declared a Recess at 10:02 p.m.; Council reconvened at 10:11 p.m"
the roll standing as originally noted.
CITY COUNCIL MINUTES # 394
Page 3
October 27, 1975
NEW BUSINESS
LyrORD DRlVE/TIBURON BOULEVARD
INTERSECTION \~CqU05t fo~ Sig~ali-
zation)
ACTION: Staff to submi t rCf~O'-
lution for stop signs and for
signa1. 1ights to replace thS8
The City Manager noted that the CAL/TRANS study hr~ been completed,
and the intersection satisfied the necessary warra, '_~ for signali-
zation. It was pIeced on a pricrity list, however, it is impossible
to know when CAL/TRANS fin~ncing would be available. The Traffic
Safety Committee recoaunended installation of arterial stop signs
and possible spe€d r~duction &J temporary measures.
Mr. George Landau u~ged Ccun~il to commit themselves financially to
t.he installation of signals ,::nd not wait for State action. After
further discussioa, and learning that the City could not alter the
speed lmlit, Tayer m~ved that staff be directed to arran e for ~h~
installation of s~op s~gns at the Ly ord Dr1ve 1ntersect1on at th8
earliest posr.;iEI-e-cla1- . and that efforts be continued to have siqnal
lights pennanentlY-1~lstalled by CALjrrRANS B.t the earliest possibl~
date to replace th8 sto~ siqns. It was seconded by Aramburu who
asked that it be publicly noticed and brought back as a resolutio~
at the next me.eting and placed on the Consent Calendar. Aralubur..l
then e:{plained to Mr.. Landau that he had worked on previous signali.'A.
zation efforts and the action Council was taking would signify a
commiuacnt ~nd deep concern to CAL/TRANS. Armnburu then suggested
that copies of the Resolution be given to Belvedere to be agendize1
at their Novembe~ 3 m~eting for action and recommendations.
The motio:1 ",,3.8 t.hen ~m-:e:':C..:;d ry Tayer to Read "... install stop sicj-::1;:':
on a trial bl1~is at both intersections." Ths question was called
and the Inc tion passed. unanimot:. sly. Ross then suggested letters f:':~:':~i
the Mayor be sent to our State representatives and th~t Belvedere
be &sked to surpnr~ the letters and resolutions.
ADOPTI01J CF COUNT'1 SOLID NASTE MANAGE-
l-1ENT pr.l~..N
ACTION:
FILE:
Continued to 1:/~~
5010
Tayer moved ~h.at the matter be continued until the November 24 mp:~.t:~.r:_,'"
seconded by Ross. Arxaburu \.j'ould study the final report and report
back at th~ November 2~ n....eetinj. Question war; called, and it pas;sn:]
unanimously.
ESTABLISHING r.~GULJ:i.f~ICNS F()r~
PARKS l~D R8Cr:;;'I~.?'..~l'IC~l ~~~~J
ACTION: Ordinance first reading
passed as amended
l?II,E: 1070
The City M71nv..ge:::- coi:~yl --.::bat City C~de ;:>reser..tly" .j':-:;i()~ci .i.;'~'1 hi.:n to
adopt l."ules and reg\.:.lat.ions fo::- those recreatio:t1 .Lanus now le='::2~
from the State Division of IIighways at Richardso'1 Bay Park. The
propose:1 ordinallcc would expar:d his authority an~ authorize him to
establish reaso~~ble rules and regulations for all City-owned Parks
and Recreatioi1 properties. 1\05S noted he felt the Parks and RecreB.t:J.;"-;
Commission and/or City Council should make rules for these areas.
Section 1 \'lttS th~;n an-:ended by Tayer by substituting "promulgate" fo::."
"adoptf. and ~dding. f'-Any such rule or regulation shall be promptly ~_.
transmittcc1 to th~ City Ccuncil and to the Parks and Recreation C'~~';~~"
mission a~d shall be effcc'ci ve 30 days after prcmulgation, unleG_~__
the City Cot:ncil disapproves such rule or regulation wi thin that-E.:::I..:!:::-~~
The amendment Wd.S tlTlanimously approved and Arambu:ru moved that th:..)
Ordinance as amended by read by Title Only, passing unanimously. L:~
then moved the Ordinance as amended be deemed to have passed first
reading, sec0nded by Ross, and passed unanimously.
RADAR ENFORCEMEI~':L' ON TI BURON
BOULEVAnD
ACTION: Letter directed to hC:~i-:~ .~.
owners Associations fr/City Man:o.')c:'
FILE: 5040.1
Acting Chief Manick e:~plaincd the proposal noting that in 1972 Cou:1.cil
had been a:?proached on the s,:\rr~~ ma'cter; in fa~t, a radar gun had bc-:)n
budgeted but not purchns(:::~ C''::'~ .1::0 nCH requirements for speed studies.
It appears that rad~r enforcement of Tiburon Boulevard can be done ~~
CITY COUI:CIL MIl',:UTES # 394
Page 4
Oct.ober 27, 1975
no cost by borrowing Belvedere's radar gun and using CAL/TRANS speed studies
for Tiburon Boulevard. It was felt an extensive publicity program as well
as endorsement by the Homeowners Associations be accomplished before im-
plementation.
Aramburu moved that a letter from the City Mana1er be directed to the
various homeowners associations noting the Traf ic Safety Committee is
recommending that City Council institute radar enforcement and asking
for their comments rior to the November 24 meetin , seconded bv Ross.
Quest10n was ca e and the mot1on passed unan1mously.
S'taff R"eJ'joTtS;; Comnunications and eity Manager Items
NAVAL NET DEPOT
ACTION: City Manager requested to
submit City application for Marina
The City Manager mentioned he had recently toured the facility with the
County and interested parties and wanted to report the status to Council.
The COlmty has expressed interest in using a portion of the property for
a mooring basin. Tayer asked that staff keep in touch with GSA and
Aramburu expressed a preference for San Francisco State's proposed usage.
It was moved b Ross that the cit submit an a lication for u to half
o t e ava1 ab e acreage for a C1ty-operated Mar1na, secon e y L1ttman.
Littman and Ross said they would work together on such a proposal. The
question was called and the motion passed unanimously.
CAL/TRANS PROPERTY DEVELOPMENT
ACTION: City Manager to draft reply
to CAL/TRANS ltr and submit to Councit
The City Manager mentioned a letter was received from CAL/TRANS requestinq
assistance in completing Federal 4(f) determinations regarding usage of '
the proposed Richardson Bay Park and Blackie's Pasture. It was suggested
that the City Manager draft a reply and circulate it to Council before
transmitting it.
SEQUOIA-PACIFIC FINAL EIR
ACTION: Council approved City Manager
recommendations re Visual Impacts
The City Manager asked Council for input on his recommendations regarding
the Visual Impacts Section of the Sequoia-Pacific Final EIR. It was
noted the Committee appointed by Council had met in an attempt to deter-
mine the accuracy of the visual renderings and to consider possible means
to mitigate harshness of the massing effect.
Based on that meeting, the City Manager recommended that staff be directed
to authorize Madrone Associates to print twenty-five (25) copies of the
Visual Analysis with the deletion of Plate #3 and other minor mitigating
measures. Tayer moved his recommendations be accepted, seconded by
Ross. Question was called and the motion passed unanimously.
EXECUTIVE SESSION
Council adjourned to Executive Session at 11:45 p.m.
ADJOURNMENT
There being no further business, the mE(~~}ng was ad5l?u,ned at 12:00 a.m.
/ ' /
/ ic ,,""): rA,C \ ,'/'.i~/a' /' ;)
/ "'- __ \ v,t....*'{
~~ - <;gORGE E!O MAN .
ATTEST: ~. Mayor of the City of Tiburon
ROBERT L. KLEINERT, C1ty Manager/Clerk
CITY COUNCIL MINUTES #394
Page 5
October 27, 1975
CALL TO ORDER
CITY COUNCIL
CITY OF TIBURON
CORRECTED MINUTES
The regular meeting of the City Council of the City of Tiburon, State of
California, was called to order by Mayor George Ellman at 7:38 p.m. on
Monday, November 10, in the Del Mar School Multi-Purpose Room.
ROLL CALL
PRESENT: COUNCILMEN: Aramburu, Ross, Littman, Ellman, Tayer (9:34)
EX OFFICIO: R. L. Kleinert, City Manager; R.E. Fosnot; Director of
Community Development; Louis Brunini, Superintendent of Public Works;
Richard Breiner, Deputy City Attorney; Martha Mullin, Associate Planner;
Muffin Nelson, Minutes Clerk.
MINUTES
The City Manager reported that on the award of bid for Trestle Glen Street
Repair, it was ascertained that the hand rail unit cost is $150. It was
moved by Littman, seconded by Ross that the City Engineer be authorized
to award the contract for the total bid, including handrail. Question
was called and the motion passed unanimously.
Page 2, Item 13, sentence 3, "Traffic" Engineer corrected to "City" Engineer.
Page 3, Downtown Drainage, 3rd paragraph, last line, corrected to " ...
all drainage of its property to Raccoon Straits." It was then moved and
seconded that Minutes #394 be approved as amended and passed unanimously.
CONSENT CALENDAR
Ross mentioned he would like to discuss Item 4, Approval of Tiburon Boule-
vard Redesign Committee Report as City Policy, separately. Aramburu moved
the ado tion of Consent Calender without Item 4, seconded bv Littman and
passe unan1mous y, now cons1st1ng 0 t e ollow1ng 1tems:
1. Third Quarter Status Report
2. Establishing Stop Signs at Intersection of Lyford Drive and Tiburon
Boulevard (Resolutions 773 and 774).
3. Requesting Installation of Signal Lights at Intersection of Lyford
Drive and Tiburon Boulevard by CAL/TRANS. (Resolution 775)
4. Register of Claims - October
5. Encroachment Permits
a. 10 Place Moulin - Standard Driveway.Cut & Off-Street Parking
b. 75 East View - Standard Driveway Approach
c. 405 Hilary Drive - Standard Driveway Approach
#4 TIBURON BOULEVARD REDESIGN
COMMITTEE REPORT
ACTION: Continued to 11/24
FILE: 1040
Ross questioned the status of the report and Littman commented it was too :
important to be placed on the Consent Calendar and handled at this meeting,
moving that it be continued until the next meeting on November 24, seconded
by Aramburu and passed unanimously.
QUESTIONS AND COMMENTS - PUBLIC AND CITY COUNCIL
A. George LAndau inquired as to the timing of the City budget cycle should
citizen action become necessary if time lapses and CAL/TRANS has not in-
stalled signal lights at Lyford Drive and Tiburon Boulevard.
B. Mayor Ellman noted that a significant achievement was reached last
week when Lyford's Stone Tower was approved for listing in the National
Register of Historic Places. Louise Teather, Eugenia Marans and Wes
Wilkes attended the State Historic Resources Commission hearing last week
in Sonoma. Mrs. Teather, City Historian, spoke briefly and noted the
Commission was surprised and delighted to see over 70 letters in support
of this action for our Stone Tower.
C. Aramburu mentioned that at the last BCDC meeting the status of Palo
Alto vs. Eldridge was noted. In this case down-zoning was considered as
possible inverse condemnation. We earlier entered as "amicus curiae" and
Aramburu now moved that we enter again as "amicus curiae" as it goes to
the State Supreme Court on appeal, seconded and passed unanimously.
CITY COUNCIL MINUTES #395 November 10, 1975
Page 1
D. Aramburu announced that he has decided to run for re-election to the
City Council.
E. Mayor Ellman noted that one of Tiburon's Police Sergeants, Bob Krolak,
was named by the Corte Madera Optimist Club as "Peace Officer of the Year".
F. Ross reported orally on the status of the Net Depot Property and possible
City interest in a Marina development. He has made several tours of the
area with City staff and federal, state and county officials. The Oceano-
graphic Institute feels that Marina use is incompatible with existing uses
and finds the San Francisco state proposal more desirable. Littman re-
iterated his interest and Ross asked him to meet with the Parks and Rec-
reation Commission on November 11 ~ all proposals must be submitted by
December 1. Littman added he had indications the County was really not
interested and that nearby residents would probably prefer a Marina to a
"day-use" facility.
G. The City Manager noted that CAL/TRANS had been asked for more time for
use to prepare a response to their request for Blackie's Pasture information,
thus allowing the Parks andRecreation Commission to discuss the matter at
their next meeting.
PUBLIC HEARING
8. AMENDMENT TO CHAPTER 13 of the
BUILDING REGULATIONS OF THE CITY
OF TIBURON BY ADOPTING NATIONAL
ELECTRIC CODE
ACTION: Passed first reading
FILE: 3100.5
The Director of Community Development noted this ordinance was to update
the City codes to match state codes. Gary Gray inquired what cost con-
sequences this would have on the typical home builder. Littman added
that it would most likely decrease costs and that small cities have not
presumed to make studies on adopted state or federal regulations. Aram-
buru suggested that at the second reading the Building Official give his
input. He then moved the Ordinance be read by title only and be deemed
to pass first reading, seconded by Ross and passed unanimously.
9. ESTABLISHING REGULATIONS FOR ACTION: Ordinance 165 N.S.
PARKS AND RECREATION AREAS PASSED second reading
FILE: 1070
The City Manager noted that the Parks and Recreation Commission had
suggested an amendment in Section 1 to read; "any such rule or regulation
shall be promptly transmitted to the City Council through the Parks and
Recreation Commission ...fI. Ross moved the Ordinance be so amended,
seconded by Aramburu. There was some question as to whether the amendment
should be interpreted to mean "simultaneous" or"subsequent" action hy
both bodies. After some discussion, the question was called on the amend-
ment and it failed by the following vote:
AYES: COUNCILrmN:
NOES: COUNCILMEN:
ABSENT:COUNCILMEN:
Ross, Aramburu
Littman, Ellman
Tayer
Littman then moved the Ordinance be read by title only and be deemed to
pass second reading, seconded by Aramburu. The City Manager explained
that any suggested new rules or regulations would be agendized for the
City Council and routed to the Parks and Recreation Commission and that
thirty days must lapse before becoming effective after Council action.
However, in actuality, most new rule and regulation proposals would ori-
ginate in the Parks and Recreation Commission. The Question was called
and second reading of Ordinance No. 165 N.S. passed unanimously.
10. JOINT HEARING TO RECEIVE
SEQUOIA-PACIFIC FINAL EIR
(Presentation by Consultants)
ACTION: Referred to Planning
Commission for further study anq
recommendation at 11/18 meeting
and referral back to Council
FILE: 3000.Sa
PLANNING COMMISSIONERS PRESENT: Barsimanto, Bass, Bergsund, Edelstein,
Matthews, Wilson
COMMISSIONERS ABSENT: Chairman Kuhn
CITY COUNCIL MINUTES #395
November 10, 1975
Page 2
At 8:30 p.m. the members of the Planning Commission took their seats;
Chairman Kuhn was absent. The Director of Community Development intro-
duced the item and the consultants who were present to summarize the im-
pacts and answer questions. The Director stressed that certification
does not represent an endorsement of the Master Plan but only acknowledges
the impacts of the proposed development as noted in the document.
Resolution had been prepaed should the Planning Commission wish to recommend
certification and the City Council could act on that recommendation, or
the EIR could be referred back to Planning Commissioners for further
study at their November 18 meeting and then sent to Council for appro-
priate action at Council's Novembe~ 24 scheduled meeting.
Remmy Kingsley of MAdrone Associates, Linda Hausrath of Gruen, Gruen and
Associates and Bob Hubinette of JHK Associates gave brief synopses of
their portions of the EIR. Ms. Kingsley noted major changes from the
earlier administrative draft were in the format, summarization of impacts
and mitigation measures, expanded text and visual statement. She summa~'~-
rized the beneficial and adverse impacts and noted that the developer
had agreed to delete the Marina and Hillside Housing, considered to be
prime adverse impacts.
Gruen Gruen
Linda Hausrath of Cr8~ and aEe~ft outlined the socia-economic aspects of
the project as well as the impacts on services and public agencies. Bob
Hubinette of JHK noted that traffic, particularly along Tiburon Boulevard
was of major concern to the citizens and was an area of major impact.
Ed Rice commented he felt the document was long on economic and short on
socio and the pr9~ect too heavily visitor oriented and slanted to the
developer. His EIR did not contain the visual statement and it was ex-
plained that this section was published separately so as not to delay
publication of the rest of the EIR and that he would be furnished a copy.
Mel Ronnick added he didn't think the area traffic could support between
50-100 new stores and many residents had chosen Tiburon to avoid the
"Sausalito" atmosphere.
In response to a comment on the possible use of a Redevelopment Agency,
Ross commented that we will not use a Redevelopment Agency to shore up a
bad project that can't stand on its own two feet. Littman responded to
another mention,6f the "Sausalito Syndrome" and added he had asked staff
to check density of other areas and found Sausalito has 40,000 square
feet of building area per ac~ Larkspur has 16,888 and we have only 11,000.
\.
In answer to several questions regarding th~ downtown plan review and the
EIR, City Attorney Breiner noted the EIR was an informational document
which does not have to conform to anything and only speaks to the Master
Plan. Aramburu noted that after the EIR is determined complete, we can
be specific regarding land use. Littman added that everyone has had two
years to bring additional EIR information to light and that after tonight
it can no longer be considered reasonable to need additional data.
Brian Chapman inquired whether the realignment of Blackie's Pasture was
considered as having taken place for the traffic study data. Bob Hubinette
replied that the planned Trestle Glen improvement is indeed significant
and that if it were not improved, the impact would be even more severe
than noted in the EIR. Mr. Chapman also asked about an EIR for develop-
ment of the zelinsky properties in conjunction with this EIR. Mr. Fosnot
added that the Sequoia-Pacific EIR does include the total square footage
of the Zelinsky proposals and does consider some of the impacts. It was
noted that Mr. Zelinsky would probably begin an EIR process soon.
Mrs. Lichtenberg then asked for a more precise definition of "worse, less
or greater" traffic impacts, and Mr. Hubinette explained the level of
service designations. Gary Gray inquired if impacts of the traffic west
of Trestle Glen had been considered, and then asked if the Parks and
Recreation Substitute Open Space Plan had been considered and wondered
why one was contained in the Text if Council had indeed voted that it not
be included. He said the Plan in the text had never been before the Parks
and Recreation Commission.
Ted Kreines, a member of the Downtown Plan Review Committee, spoke on
behalf of the Committee and urged that the EIR not be certified. He
cited a lengthy list of appaent inaccuracies and discrepancies. He
CITY COUNCIL MINUTES # 395
November 10, 1975
Page 3
He questioned the trip generation factor used in the traffic studies and
the peak hour period selected and weekday vs. weekend. Their Committee
felt the "worst possible case" should have been utilized, which would
include Trestle Glen without realignment. Noise features were not
studied in enough depth and he found no soil logs or cone borings. He
added that the Committee's points had been raised before and were in
several letters, but many of them were ignored and not answered. Littman
asked for specific section and references without response. The Director
of Community Development commented that a list of 43 items had been com-
piled by the Planning Commission but was pared down to the most important
13 by City Council and given to the consultants for response.
Bob Hubinette of JHK explained the choice of peak hours as 5-6 because
there was commute traffic in both directions and thus, the worst possible'
case was chosen. Mr. Kreines then mentioned that density had not been
correctly dealt with in his opinion and noted there would be 6000 more
units possible on the Peninsula. Associate Planner Mullin said this was
not correct and that a total of about 5500 units were possible on the
Peninsula, but only 1100 were left to be developed. This figure was
taken into consideration in the EIR.
Former Mayor Bran Fanning said he felt the document was biased against
the developer and noted the traffic numbers game could be played in any
way. He questioned the manner of obtaining employment figures. David
Paynter, a Tiburon Boulevard Resident, mentioned the realities of current
traffic on the Boulevard and noted he could not get out of his driveway
questioning a "worsening" of the situation.
Jerry Reissen asked Madrone Associates to come up with just three reasons
the project would be beneficial to Tiburonand Ms. Kingsley reiterated the
long list of beneficial aspects she mentioned earlier. Many non-residents
present spoke on the matter and most questions and comments were repeatedly
addressed to the Sequoia-Pacific development and not the EIR.
Members of the Planning Commission then expressed their views and comments.
Hal Edelstein inquired about the visitor expenditure figure accuracy, the
alternative land values being used and the accuracy of parking garage
figures. Ms. Hausrath responded that a detailed survey had not been made
of visitor expenditures and although the one used was not current, it wa~
felt to be reasonable.
Joan Bergsund asked about the number of low and moderate income housing
units included in the proposal. Tayer inquired as to the traffic impact
if Tiburon Boulevard were not Ealigned at Trestle Glen and Littman noted
the situation would remain the same even without a downtown plan.
Barsimanto questioned the occupancy rate of the present hotel and wondered
if the proposal, which contained a 9000 sq. ft. 121 room facility,might
have an adverse impact on existing facilities. Ms. Hausrath said the
Sequoia-Pacific faciliey was directed to a different clientele, and, in
fact, the occupancy rate of the present hotel would probably rise. She
also mentioned that local, existing business should benefit and that
rising rents and prices would be offset by business volume.
Commissioner Wilson noted the Marina and ferry terminal would have an
immense impact that was not sufficiently addressed and he also felt there
should be a more in-depth analysis of the visual section and photographs
and more comments on the renderings. Aramburu mentioned the developer
had agreed to build a mrlel of the entire project and stated visual ren-
derings are extremely difficult to both create and analyze objectively.
Vice Chairman Matthews inquired whether inflation will increase the costs
of the proposed square footage development over a 3-5 year period; Ms.
Hausrath replied it definitely would and much depended upon which section
was built first.
Mayor Ellman asked for the Commission's recommendation for action. Vice-
Chairman Matthews commented that if the Commission accepts the document,
they are also accepting the stated mitigating measures. The Director of
Community Development again stres3ed that we were not approving the pro-
ject, merely the EIR and that mitigation measures could be taken up with
the Master Plan. Matthews said he also had personal concerns with the
traffic aspects of the EIR.
CITY COUNCIL MINUTES # 395
November 10,1975
Page 4
City Attorney Breiner stressed the EIR was an informational document which
Council is asked to certify as complete. Tayer noted that everyone had
some questions about portions of the document but wondered how the Plan- '
ning Commission proposed to ascertain validity of the figures and questioneG
the value of waiting.
Phil Bass said that as a new Commissioner, he was not part of the initial
draft review process and needed additional time to study the document.
Littman reminded all that by law we are to take only ninety days to certi-
fy the document; it is not mopen ended period.
Gary Gray added that an EIR by la~ is required to respond to all comments
made on the draft and this had not happened. Mayor Ellman responded that
in the Council-approved scope of services, the most significant items
were chosen for answer. Mr. GRay stated he felt the document was in-
adequate. Ross commented that the Open Space Element portion to which
Mr. Gray was specifically ~erring was evidently deemed significant or
it should not have been included within the EIR.
The Director of Community Development then mentioned that staff feels
some clarification is still needed from JHK regarding weekend and peak
hour traffic count accuracy.
Aramburu repeated the request for specific questions which the consultants
could respond to. Littman mentioned he had asked specific questions of
the staff and received a reply which he asked be se~~ ~a the entire
Planning Commission. He asked Ms. Hausrath what the~~o~al financial
benefit would be to the City of Tiburon; she referred to the EIR and
replied $116,984, or without the new City Hall, $105,442.
Mr. Barsimanto said that most of the Commissioners were not secure with
the traffic impacts section and felt strongly that both traffic and
density should be more thoroughly reviewed. He then moved that a vote
on the EIR be deferred , and that it be sent back to the Planninq Com-
mission for recommendation and referrel to City Council, seconded by
Edelstein.
Edelstein then suggested that Planning Commission recommendation contain
a list of their concerns and Council must then decide if they can certify
the document. Littman asked for a time limit on the motion, hoping that
one week would be sufficient for :~urther study.
Ted Kreines asked City Attorney Breiner to.inform the Commission of the
Berger vs. Mendocino decision and Breiner responded that the case had
nothing to do with certification of the EIR. Gary Gray then asked how
Council could press for adoption of an incomplete text and noted he felt
there was unfair pressure being exerted by Council. Council refuted the
assertion.aRa the Dcputy City At~orncy rulc3 a point of prooodure, ouoh
a3 had been raised, was inappropriate from ~hc floor.
Barsimanto then clarified the motion to read " that consideration of the
recommendation of certificaion for the Sequoia-Pacific Final EIR be
deferred to the scheduled Planning Commission meetinq of November 18",
seconded by Phil Bass. Question was called; ~mdtion passed unan~mously
The public hearing o'f the Planing Commission on the Final EIR was con-
tinued to November 18, 1975 and the hearing before the City Council was
continued until November 24, 1975.
EXECUTIVE SESSION
The City Council adjourned to Executive Session at 11:35 p.m.
ADJOURNMENT
There being no further business, the meeting was adjourned at 12:00 a.m.
Minutes No. 395 ado]2ted at the re ular meetin 0'-' v. 24/75. <;' . ".,'/ ,"
, " .y~~ ~ .. I ( /'7'1(''''''' 'L
; l- - .' ..\ .' '_ '/' ( .c.?
~.EO GE EL AN
ATTEST: /~ /rV'~~ \ J Mayor of he City of Tiburon
Clerk
CITY COUNCIL MINUTES # 395
November 10, 1975
Page 5
CORRECTED MINUTES
CITY COUNCIL
CITY OF TIBURON
CALL TO ORDER
The regular meeting of the City Council of the City of Tiburon, State of California,
was called to order by Mayor George Ellman at 7:38 p.m. on Monday, lovember 2~ 1975
in the City Council Chambers.
ROLL CALL
PRESENT: COUNCILMEN: Ross, Tayer Ellman, Littman, Aramburu (7:41)
EX OFFICIO: R. L. Kleinert, City Managerj R. E.Fosnot, Director of Community
Development; Louis Brunini, Superintendent of Public Works; Mike Manick, Police
Chief; Stan Bala, City Engineer; Robert Conn, City Attorney; MUffin Nelson,
Minutes Clerk.
MINUTES NO. 395
395 - Page 5, paragraph 5, word "annual" inserted before "total financial benefit ",
transposition of Gruen and Gruen on page 3 corrected. Page 5, paragraph It last
sentence, delete all after rrcouncil refuted the assertion."
The minutes were unanimously adopted as amended.
CONSENT CALEN~R
Tayer suggested that items #2 and 4, for the installation of stop signs be addressed
together with Item 19, City-Wide Traffic Safety Recommendations.
The City Manager asked that Item 5, Transfer of Funds be continued. On motion of
Aramburu, seconded by Littman, the Consent Calendar, consisting of the following
items was unanimously adopted:
1. Status Report on Abatement of Illegal Dwellings
2. Application for Leave to File Late Claim
3. Treasurer's Report
4. Award of Contract (Harbor Oak Dr. and Mar East Overlays)
QUESTIONS AND COMMENTS - PUBLIC AND CITY COUNCIL
A. Councilman Chuck Auerbach of Belvedere presented a Resolution of the Belvedere
City Council requesting Tiburon Joint Action and cooperation for the installation
of tennis courts at Reed School. layer noted he ~as delighted to see the Resolu-
tion and suggested the matter be referred to the Barks and Recreation Commission
for action and recommendations to the City Council. Littman noted that there was
a Joint CQ8rdinating Council established for such matters and suggested this would
be the perfect vehicle for such matters.
B. The City Manager introduced the new Barks and Recreation Assistartt, Diane Spann,
replacing John Woodmansee who had resigned.
C. Council Aramburu then introduced the "new Chief of Police, Mike Manick, who had
come out on top with 45 applicants for the position.
D. As we were nearing the first anniversary of the Tiburon Peninsula Bowls, the
City Manager was asked to come up with a suitable contest of wits, strength and
intelligence and to report back to Council.
E. Ross mentioned a memo received from the Planning Commission regarding Council
consideration of the Cahn/Lewis Project Phasing and a response from Councilman
Aramburu so that memo. The City Attorney noted that ordinarily to act again on
such a matter should be done at the meeting fellowiug action. L1ttuan felt that
appropriate action was taken and Mayor Ellman noted that Council would come back
to the matter later.
PUBLIC HEARINGS
8. CERTIFICATION OF SEQUOIA-PACIFIC FINAL ErR
ACTION: EIR APPROVED
AND CERTIFIED
Resolution 776
Director of Community Development Fosnot gave a brief run-down of the status of
the EIR and noted that on November l8 the Planning Commission passed Resolution
No. 186 which approved the EIR with the addition of some impacts to be stressed
Page 1
CITY COUNCIL MINUTES # 396 November 24, 1975
PUBLIC HEARINGS
and mitigations to alleviate~ these impacts. He stated that staff recommends
certification of the final EIR and again, that this does not necessarily approve
the project. The Master Plan would have to come back to the Planning Commission
at which time the noted impacts would have to be mitigated in line with City poli-
cies ana goals.
Aramburu suggested that the Resolutiorrs addition be made a part of the EIR, and
its incorporation does not imply that all suggested mitigations be effectuated.
Littman questioned the EIR status of several documents and memorandums. It was
mentioned that one complete EIR with all pertinent documents would be retained
with the City Hall Master File.
Council then discussed each item of Planning Commission Resolution l86 seperately
with the consultants answering Council questions on each added impact and mitiga-
tion. The section on Traffic generated the most controversy. Mr. Hubinette of
JHK admitted it was extremely difficult to accurately evalute traffic problems
and predict the advance impact of traffic. Ross asked with what degree of exacti-
tude can Council accept his information. Hubinette indicated the most current
information was containad in their letter of ll/lB/75 and the EiR Technical
Appendix and Summary section were correct but that page 10, line 38-42 should
be deleted with the new wording for the paragraph in the Mitigation Section on
page 147 be substituted.
Aramburu pointed out that a key point of difference between JHK and Wilbur Smith
and Associates ~as the intersectigRa YifSsignalization was ass~~ all intersec-
tions, he wanted information on the financial impact to the City. This was ignored
in the economic analysis and is not insignificant. No mention has been made of
capital funds required and he felt this should go into the EIR economic study.
Littman questioned the effect improved transit service, such as perhaps a jitney
service, would have on Tiburon Boulevard congestion. Mr. Hub4ftatte replied that
it would be difficutt to determine but probably not a significant effect.
After discussion of all the Planning Commission recommendations, Aramburu moved
that the impacts and mitigation measures as described in Planning Commission
Resolution 186 be made a part of the Impacts Overview Section III of the Sequoia
Pacific Final EIR1- ~~conded by Ross.
The public hearing was opend and Mr. Al Curtis noted that if these impacts and
mitigations were accepted, it would make a substantial difference on the finan-
cial benefit to the City as stated in the EIR. Hal Edelstein noted he had an
amendment on Phasing which he felt should be added. Councilman Charles Auerbach ~
of Belvedere mentioned he was present to present a letter and the views of the
City of Belvedere on certification.
Tayer noted he had a problem with the Inn/Conference Center and moved to amend
the Planning Commission Resolution by deleting all the first sentence in section
B, seconded by Littman. After further consultation with consultants, Tayer with~
drew the motion.
Tayer then moved that section (f) on Open Space be deleted) seconded by Littman.
Question was called and the motion defeated by the following~ote:
AYES: COUNCILMEN: Tayer
NOES: COUNCILMEN: Aramburu, Littman, Ross, Ellman
Question was then called on the originnl motion by Aramburu which passed unani-
mously.
Littman then moved that JHKAssociates letter of November 18, 1975 and his letter
of October 27 to the Director of Community Development and Staff's response memo-
randum be made a part of the SeQuoia Pacific Final EIR, seconded by Ross. Phil
Buskirk noted that the JHK letter of November 18 was in response to questions by
the Planning staff and the November 6 Wilbur Smith report. Littman then moved
that the original motion be amended to include the November 6 Wilbur Smith Asso-
ciates letter, seconded by Ross.
Discussion ensued as to the inclusion of items w~~~in the Final EIR; Quest!Dn
was called on the amendment and it failed by the following vote:
AYES: COUNCILMEN: Littman
NOES: COUNCILMEN: Aramburu, Ross, Tayer, Ellman
CITY COUNCIL MINUTES # 396
Page 2
November 24, 1975
Question was then called on Littman's original motion and it passed by the following
vote:
AYES:
NOES:
COUNCILMEN: Aramburu, Littman, Ross, Ellman
COUNCILMEN: Tayer
Aramburu then moved that Resolution No. 776 certifying the Sequoia Pacific Final EIR
be adopted, seconded by Ross.
After some discussion on Downtown decsity, Hal Edelstein suggested that the latest
draft of the Planning Commission's Downtown Plan revisions be included in the EIR.
Ross then proposed an amendment to adopt Lesolution 776 with the inclusion for in-
formation purposes only, the draft of the ~evised 1970 Downtown Plan, seconded by
Aramburu. Chairman Kuhn noted that the document had not been adopted by the Planning
Commission and it would be inappropriate to include it at this time. Question was
called on the amendment and it failed by the following vote:
AYES:
NOES:
COUNCILMEN:
COUNCIUIEN:
Ross Ararnburu
Littman, Tayer, Ellman
Councilman Auerbach of Belvedere was recognized and read portions of a letter from
Belvedere City Council to the City of Tiburon Council noting their main objections
to the certification. They noted that a five page document forwarded in Februa~y of
1974 by the Belvedere Planning Commission was not included as part of the Final EIR.
The Director of Community Development noted that the quesftions raised were covered
and this particular document:,was not included in the scope of services for the ErR
approved by Council.
In response to the traffic concerns of Belvederians, Mr. Buskirk mentioned that all
Wilbur Smith studies used a mathematical model which distributed traffic internally,
anticipating and mentioning their concerns.
Brewster Morris of the Committee for the Downtown Plan Review then submitted a
lengthy statement outlining the objections the Committee had to certification.
Aramburu then noted that stalling certification of the EIR is not the solution.
He said the Planning Commission feels the document is complete and the City Council
must now make that decision. He had thoroughly researched EIR legislation and
history and asked several questions such as, "How will it impact the average tax-
payer? What is the real benefit? What do we give up for that money? He suggested
a balance sheet be set up and noted the r'~al challenge before us is how we handle
the mitigation measures he stated.
Littman noted that this matter had been continuing for eight years and it was time
we got on with the matter.
Ted Kreines reiterated his view .that the EIR was a faulty document and stated
Council was sacrificing responsibility for expediency. He was particularly concerned
about traffic studies and asked that the consultants be required to substantiate their
numbers. Commissioner Edelstein then again noted he had an amendment to offer to
the Planning Commission, Resolution 186, which would add another paragraph to the Im-
pact Overview, Section III, regarding phasing, which he distributed to Council.
Councilwoman Levit of Belvedere mentioned that decisions cannot be made without the
facts and that Tiburon shouldn't expect Belvedere participation if they are not
given a part in the EIR process.
There were questions about the capital expenditures necessary and Aramburu answered
that this would come up in the Master Plan when specific plans and designs were
studied; the EIR was not for that purpose.
Tayer added that of the benefits to the community mentioned during the process, he
felt the important ones of cleaning up the current "mess" Downtown and the preser-
vation of the Downtown waterfront were left out.
Question was called and the vote was unanimous.
RECESS
The Chair declared a recess at 11:25; Cou~cil reconvened at 11:35, the roll standing
as originally noted.
NEW BUSINESS
Due to the lateness of the hour, a new order of business was established for the
priority items.
CITY COUNCIL 'MINUTES ://:396
Page 3
November 24, 1975
19. CITY-WIDE TRAFFIC SAFETY REC~lENDATIONS ACTION: RECO~~NDATIONS PASSED
UNANIMOUSLY; Res.#777
FILE NO. 5040.1 adopted.
Chief Manick reviewed the recommendations for two specific areas: Via Capistrano,
scene of a recent fatal accident, and Avenida Miraflores, differentiating between
the long and short term goals. Item No.4 on the Consent Calendar, Installation
of Stop Signs at Via Capistrano, was also discussed.
Aramburu moved that Items 1, 3, and 5 and the Resolution for Stop Sign Instal-
lation be adopted, seconded by LittmaL. Those recommendations were:
1. Construction of speed rumbles on the downhill slope of eastbound Via Cap-
istrano.
3. Authorizing the engineering fees for a speed study on Via Capistrano and
authorizing, upon completion, the ~til~zation of radar enforcement on Via Capis-
trano.
5. Removal of all shrubbery on the meridian divider on Avenida Miraflores from
Tiburon Boulevard to Hilary Drive. The divider would be replanted with low
growing junipers or similar plants.
The other recommendations for a chain link fence and engineering studies would
have to be deferred to budget time. Tayer then added~~tem tiS "upon consultation
'tV'ith the Del Nar V.lley Property Owners r Association and the Reed Union School
Distric t." and to Item iF3, "contingent upon general approval of radar enforce-
ment in Tiburon."
Mayor Ellman directed staff to work with the two above-mentioned organizations
and to set up a meeting. Question was called and the motion passed unanimously.
OLD BUSINESS
16. }1ARIN COUNTY SOLID HASTE NANAGEMENT PLAN- ACTION: RES. 778 ADOPTED
FILE: 5010
This matter was continued from the regular meeting of October 27. The City
Manager and Councilman Aramburu had since discussed the matter with the City's
franchisee, Mill Valley Refuse, as directed by Council. After intia1 consider-
ation, Aramburu moved that the Resolution before Council be amended by including
paragraph (e) No new position be created, but rather a representative of the
Marin County Deparbment"of Public Horks should function as Solid Waste Manager
and (f) Representation on said committee should include representatives of
private collection agencies, both seconded by Tayer.
Mr. Wellman, Chairman of the Marin County Solid Maste Advisory Committee felt
the amendments would weaken the thrust of the prepared document which he assured
Council was well thought out and complete. Aramburu withdrew his amendments and
moved approval of Resolution 778 as originally drafted, seconded by Tayer; passed
unanimously.
17. NAVAL NET DEPOT (Application for Surplus Property) ACTION: Res. 779 Authorizing
Application be submitted_
FILE: 3060.4
Stan Lichlyter, Administrative Assistant, noted that Paragraph No. 2 of the
Resolution is the essence of the matter. It states that the applicant is willing
and authorized to pay the administrative expenses incident to the transfer, and
that the applicant is ~willing, authorized and in a position to assume immediate
care and maintenance of the property.
Ross felt the "piece-mealll approach used on Angel Island acquisition could apply
to this surplus property as well. He suggested cooperation with San Francisco
State and American Youth Hostels for their compatible uses.
Elmo de Martini noted the problem of liability and felt the City should look at
this aspect closely. The City Manager noted there were several problem areas
such as liability, policing, maintenance and fire protection costs, and the
ability of any use to carry itself.
As the appliaation deadline was set for December 1, Council asked whether a delay
might be possible. It was also mentioned that perhaps we could change our minds
prior to delivery of the deed if it became necessary. The P & R ad hoc committee
studying the matter recommended that application be made.
Aramburu moved the City of Tiburon apply for acquisition of the Naval Net Depot
CITY COUNCIL MINUTES NO. 396
Page 4
November 24, 1975
contingent upon funding arrangements and land use decisions between the County
of Marin~ the City of Belvedere and the City of Tiburon, seconded by Tayer.
Elmo de }lartini suggested it would be an ideal service area for the State Park
and staff should contact the Park system.
Littman questioned whether the City could assume immediate care and maintenance
of the property~ but felt he did not want the State or County to take over and
was prepared to vote. Aramburu then made a substitute motion for adoption of
ResolQtion 779. Tayer asked that staff in~ediately ascertain what potential
maintenance costs, if any, ~~e are obligated to incur if and when we accept the
property. Question was called on the motion and it passed unanimously.
14. TIBURON BOULEVARD REALIG~mNT
(CAL/TRAJ1S Request for EIS Information)
ACTION: Letter of City Manager, as
amended, to be sent to C/T
FILE: 4100.1
The City Manager asked that Council authorize him to forward a letter to CAL/
TRANS as drafted in response to their request for information on the proposed
realignment of Route 131 through Blackie's Pasture.
Aramburu moved the letter as prepared be forwarded to CAL/TRANS, Seconded by Tayer.
Commissioner Edelstein mentioned the Planning Commission had not yet had a chance
to react and agendize it. He asked to delay any action until the next meeting.
Tayer commented that this was an a&ninistrative function and that copies of the
draft had been distributed earlier.
Commissioner Edelstein then noted paragraph #2, under Section 3 "Impacts" on
safety and noise factors; Council agreed to strike that section. Question was
called on the motion that the letter as amended, be forwarded to CAL/TRANS; it
passed unanimously.
NEVI BUSINESS
23. STATEMENT OF QUALIFICATIONS AND CAMPAIGN }~TERIALS AND REQUEST/ACTION: Res.780~781
FOR COUNTY SERVICES FOR THE MUNICPAL ELECTION IN MARCH, 1976 passed unanimously.
FILE: 8000.2
~vo resolutions pertaining to the forthcoming }1unicipal Election: 1) limiting
the number of words allo~~able in the candidates' statements of qualifications
and 2) specifying services from the County for the election were before Council.
Staff recommended p~ssage of the measures and ypon motion of Aramburu, seconded
by Ross, Resolution 730, limiting the candidates' statements to 200 words, and
Resolution 781, specifying Qounty services, were passed unanimously.
ADJOURNMENT
There being several other items of business, the sense of the Council was to
address itself to the Southern Pacific Master Plan; the meeting was adjounned
at 12:55 a.m., Tuesday, November 25; until 6:15 p.m. on Tuesday, November 25,
~ ?~
--'GEORGE ~, Mayor
1975.
Adopted on December 8, 1975
A~~..
ROBERT L. KLEINERT, City Manager/Clerk
CITY COUNCIL MINUTES NO. 396
Page 5
November 24, 1975
CORRECTED MINUTES
CITY COUNCIL
CITY OF TIBURON
CALL TO ORDER
The adjourned meeting of the City Council of the City of Tiburon, State
of California, was called to order by ~1ayor George Ellman at 6:30 p.m.
on Tuesday, November 25, 1975 in the City Council Chambers.
ROLL CALL
P~ESENT: COUNCILMEN: Aramburu, Littman, Ross, Tayer, Ellman
EX OFFICIO: R. L. Kleinert, City Manager; R.E. Fosnot, Director of Com-
munity Development; Louis Brunini, Superintendent of Public Works; Mike
~anick, Chief of Police; StanaBala, City Engineer; Robert Conn, City
Attorney; Muffin Nelson, ~1inutes Clerk
PUBLIC HEARINGS
APPROVAL OF TIBURON BOULEVARD REDESIGN
CO~MITTEE REPORT AS CITY POLICY
ACTION: RES 782 passed amended
FILE: 1040
The City ~anager summarized action on the matter and noted Belvedere had
been asked to agendize it also and notify us of their action. After
several questions and an explanation of the accompanying map by the City
Engineer, Aramburu moved that Resolution 782 ado ting the Committee's
Report as City Po icy be approved, seconded by Ross. For clar~fication,
the following was added to the Resolution's last line "to be considered
part of the Circulation Element of the City of Tiburon." Question was
called and the Resolution passed unanimously.
N1ENDMENT TO CHAPTER 13 of the BUILDING
REGULATIONS OF CITY CODE BY ADOPTING
1975 NATIONAL ELECTRIC CODE
ACTION: Ordinance 166 N.S.
passed 2nd reading
FILE: 3100.5
The Public Hearing was opened and closed. Aramburu moved the Ordinance
be read by title only, seconded by Tayer, and passed unanimously. ~-
buru then moved that the Ordinance be deemed to have passed second read-
inq, seconded by Ross, and it passed unanimously.
ENFORCEMENT OF CALIFORNIA VEHICLE CODE
ON NED'S WAY
ACTION:
FILE:
RES 783 passed
5040.1
The Public Hearing was opened and closed. Tayer moved that Resolution
783 applying California Vehicle Gode requi~ements to Ned's Way be approved,
seconded by Ross, and passed unanimously.
PROHIBITING SKATEBOARDS ON
CITY STREETS
ACTION: Continued
FILE: 5040.1
Tayer moved the matter be continued to the next meetinq because many in-
terested citizens attended Monday's meeting and were unaware it would
be discussed at the adjourned meeting, seconded by Ross. It was suggested
that Parks and Recreation Commission make recommendations on areas for
skateboard use. Aramburu felt the proposed ordinance too restrictive.
Question was called and the motion passed unanimously.
OLD BUSINESS
RADAR ENFORCEMENT
ACTION: Staff recommendations
approved
FILE: 5040.1
Chief Manick mentioned a letter was sent to all Property Owners Asso-
ciations, and written replies were received from the Lyford's Cove - Old
Tiburon, Reedland ~1oods, and Reedlands Associations: Telephone confir-
mation was conveyed by Belveron, Del Mar Valley, and Greenwood Beach
Road associations with no objections.
Littman asked that copies of available speed stuaies be circulated to the
Planning Commission and City Council. Aramburu asked if several days of
courtesy notices could be given in addition to advertising. It was also
suggested t~ G~l~en Gate Bridge District be contacted, and that tour
buses and C1t)F~s~~p\iers also be notified. The Police Department was
CITY COUNCIL MINUTES #397
November 25, 1975
Page 1
requested to report back to Council in several months for a formal review
of the radar enforcement program.
Littman then moved we adopt staff's recommendation that radar enforcement
be instituted after suitable public advertising, seconded by Ross and
passed unanimously.
DONNTOWN PLAN
~ayor Ellman inquired about the status of the Downtown Plan. The Director
of Community Development stated that since the EIR has been certified,
how can we use it in such a way as to eliminate the impacts. He noted
the Planning Commission will meet uD December 3 and make recommendations
and finalize the density on the Sequoia Pacific Plan. He suggested that
Council hold a special meeting on December 15 to consider the Planning
Commission recommendations as the Planning Commission would like to move
quickly on the Master Plan review. He presented a functional diagram
schedule and noted the Commission is considering discussing the Precise
Plan by phase for details and wondered whether Council would be in favor
of some sort of schedule.
Phil Buskirk mentioned he was in agreement with the proposed schedule and
Dave Dawson was willing to work closely with the Planning Commission and
Council. R03~ questioned whether a decision had to be made on utilization
of the proposed procedure. The City Manager replied the Chairman felt it
was a good idea but that it tvould be discussed at Commission's next meeting.
Aramburu replied he liked the plan but did not prefer dates on it as it
was unrealistic and other developments did not have dates imposed.
Tayer was interested in the Commission's reaction to the plan, but felt
Council should definitely provide some direction and indication.
Ross then moved Council adopt the functional diagram as presented bv the
Director of Community Development but that dates be substituted and
suggesting the Planning Commission expedit~e their targets within a time
frame not to exceed December 15, seconded by Littman. For clarification
Littman paraphrased the motion by saying Council suggests the Commission
get their recommendations to Council ~o Council by December 15, and if
there is a problem, they should advise Council after their December 3 meetil
Question was called and the motion passed by the following vote:
AYES:
NOES:
COUNCILMEN:
COUNCILMEN:
Littmnn, Ross, Tayer, Ellman
Ar an.1buru
Mayor Ellman added he would consider appcintments to a Council Committee
to meet with the d8velopcri ARmllburu suggested Littman and Ross.
TIBURON TRANSIT SERVICE (Council
Recommendation for Improvement of
Local Transit Service)
ACTION: Mayor to send letters to
Transit District & HArbor CArriers
FILE: 4501.2
The City Manager explained that the Marin Transit District was requestinq
Tiburon comment on current levels of service and possible improvements.
Tayer noted there were many areas for improvement and said he was dis-
turbed we hadn't yet heard from Mr. Elledge of Harbor Carriers in response
to Council's earlier suggestions.
Littman felt parking should be very expensive to encourage use of public
transit and suggested that buses run up and down Highway 101, with local
community systems feeding into them.
The City Manager was asked to check on the status of Harbor Carriers hear~
ings before the PUC. Aramburu noted that transit service for the Penin-
sula should be explored with Belvedere. Tayer then suggested the Mayor
send a letter to Hr. Elledge and the Transit District conveying some
of Council's concerns.
RICHARDSON BAY SPORTS GREEN
(Permission to Request Bid
for Grading and Drainage)
ACTION: City Engineer authorized
to request bid on approval of Board
of Design Review
FILE: 3055.la
Aramburu moved the matter be continued, seconded by Ross, in order that
the Board of Design Review rnight comment. After some discussion, ~
November 25, 1975
Page 2
CITY COUNCIL MINUTES #397
substitute motion was made by Aramburu that the City Engineer be author~
ized by the City Manager to request bids for grading and drainage con-
tingent upon approval of the Board of Design Review, seconded ty Ross
and passed unanimously.
Ross then mentioned the prop~iety of using volunteer labor such as t~e
Army Corps of Engineers. Littman felt it was not unfair competition.
After discussion, Ross moved that we not use the Army Corps of Engineers
and that we use competitive bidding for grading and drainage of the
Richardson Bay Sports Green, seconded by Tayer. Question was called and
the motion passed by the following vote:
AYES:
NOES:
COUNCILMEN:
COUNCILMEN:
Aramburu, Ross, Tayer
Littman, Ellman
The City ~1anager explained we had budgeted funds to begin the grading and
we would be receiving $18,500 from the State.
NEl'1 BUSINESS
TIBURON BOULEVARD LANDSCAPING
(Reed Ranch Rd. to Highway 101)
ACTION: Continued
FILE: 4100
The City Manager explained the Tiburon Peninsula Environmental Committee's
proposal and the matching funds of $4700 from the County for this project
in this Fiscal Year. Staff's recommendation to allocate $2800 to the
project was contingent upon Belvedere's participation.
Tayer moved the recommendations of the City Manager be acce ted, seconded
by Aramburu. Ross commented e felt it a very low priority and Ellman
stressed that p1antings be low and conform to the recommendations of the
Traffic Safety Committee. Littman suggested we establish a list of
priorities and it was the sense of the Council the motion be dropped and
a list of priorities be compiled for the December 8 meeting.
INSTALLATION OF STOP SIGN AT ROUND
HILL ROAD AND MT. TIBURON.
ACTION: Referred back to Traffic
Safety Committee
FILE: 5040.1
Leo Lightner, a resident who originally requested the stop sign, questioned
the proposed placement of the sign. After some discussion, Tayer moved
the matter be referred back to the Traffic Safety Committee with appro-
priate resolution upon the advice of residents, the Chief of Police and
the City Attorney, seconded by Littman. Question was called and the
motion passed unanimously.
ADJOURNMENT
The time set for adjournment having passed, Aramburu moved the meeting be
adjourned, seconded by Tayer, and that all unfinished business be con-
tinued to the next regular meeting. The motion passed unanimously and
the meeting was adjourned at 8:11 p.m., Tuesday, November 25, 1975.
jg~ANfklatF.L ~
MAYOR OF THE CITY OF TIBURON
l\TTEST: .
/'
CITY COUNCIL MINUTES # 397
November 25, 1975
Page 3
CITY COUNCIL
CI TI OF TIBURON
CALL TO ORDER
The regular meeting of the City Council of the City of Tiburon, State of
California, was called to order by Mayor George Ellman at 7:39 p.m. on
Monday, December 8, 1975 in the City Council Chambers.
ROLL CALL
PRESENT: COUNCILMEN: Ara~buru, Rosa, Tayer, Ellman, LitOman (8:55)
EX OFFICIO: R. L. 1~1p.i~4t, City Manager; R. E. Fosnot, Director Community
Development; Louis Brunini, Superintendent of Public Works;
Stan Bala, City Engineer; Richard Breiner, Deputy City Attorney;
Michael Manick, Chief of Police; Muffin Nelson, Minutes Clerk.
MINUTES
1396 - Page 1, Paragraph E., spelling of Attorney corrected; page 2, para-
graph 4, end of first sentence, word added to read "the intersection analysis."
Page 4, paragraph 8, first sentence should read, "problem with references to
the Inn/Conference Center"...; page 4, paragraph 3, second sentence should
read, "Tayer then added to Item 15. On motion of Aramburu, seconded by Ross,
Minutes 1396 were unantm~sly adopted as amended.
//397 - Page I, last line, "City merchants' suppliers"; page 2, Downtown
Plan, third paragraph, third line, spelling of expedite corrected. Minutes
to~~!shecked for reference to completing action on Downtown Plan prior
tcr~15. On motion of Aramburu, seconded by Ross, Minutes #397 were
unanimously approved as amended.
CONSENT CALENDAR
Mayor Ellman thanked Elmo de Martini for serving the City so faithfully as
our Representative on the Marin/Sonoma Mosquito Abatement District and re-
appointed him to another two year term. There being no further discussion,
on motion of <,-<..:..~ second by Ross, the Consent Calendar consisting of
the following, was unanimously approved:
1. Register of Claims
2. Encroachment Permit -- 22 Mateo Drive (Standard Driveway Cut)
3. AppoinOnent of Elmo de Martini as Tiburon Representative to Marin/Sonoma
Mosquito Abatement District Board
4. Denial of Claim - Per30na1 Injury
OUESTIO!:1S A".~j C)l1ME~;TS - :Ur~.IIC A;~2S.;~~ COUNCIL
A. Mr. Don Batten, President of the Belveron Association, presented Mayor
Ellman with a photograph of the Mayor cutting the ribbon at opening cere-
monies for the Belveron Mini-Park, and thanked Council for their support.
B. Tayer commented on the many letters of praise to the Police Department
he had seen recently and felt they were certainly deserved. He asked if
the Traffic Safety Committee would look into the placement of additional
red zones throughout the City.
C. Aramburu noted that the problem mentioned by Tayer also existed at Round
Hill Road and Lyford Drive and felt the entire situation should be looked at
in the Circulation Element of the General Plan.
D. Mayor Ellman introduced a Resolution urging citizens to attend the Tiburon
Peninsula Fine Arts Commission's first project, an original Chrisemas play
entitled, "Scrooge's Surrender", on December 12, 13 and 14 at Del Mar School.
Aramburu moved that Resolution 784 be adopted~ seconded by Ross and it passed
unanimously.
E. Aramburu then introduced a Resolution challenging Belvedere to an appro-
priate sporting event of their choosing, as the Tiburon Jaws had been vic-
torious last year. Ross moved that Resolution 785 be adopted, seconded by
Tayer and it passed unanimously.
F. Aramburu noted he had received several inquiries as to the status of the
Dog Control Ordinance and wondered whether the Mayor would consider writing
to Southern Marin cities seeking their support of sub-regional action to
provide better 'service. The ~1~7or mentioned he was meeting with the Southern
Marin mayors on Wednesday and would bring the matter up.
CITY COUNCIL MINUTES #398 December 8, 1975
Page I
G. Mayor Ellman told Council that the Belvedere City Council had requested
that Tiburon's Council meet with them to "discuss the role of Belvedere in
the final determination of the Downtown Project in order to assure the
adverse impacts are mitigated" and asked for their thoughts. Tayer objected
to the meeting as a Council. Mayor Ellman and Ross noted that they could
meet on Wednesday evening and the Mayor also suggested future scheduling of
a joint workshop to discuss other Belvedere-Tiburon matters. Tayer reiter-
ated that they not meet representing Council, as we could not tell them a
plan will or will not be approved. Aramburu noted that only after the Down-
town Plan is revi~~d will there be ~~ oppo4t~~ity to'dfscuss mitigation
measures. The City Attorney noted that any citizen may file suit within a
~irty day period following certification.
Aramburu then moved that the City Council move on Wednesday night to discuss
the impacts of the SeQuoia Pacific Plan and the proposed mitigation measures
at a special meeting, seconded by Ross, thus assuring the Brown Act was not
violated.
Tayer again mentioned it was inappropriate to have a session on that subject
when the Planning Commission meets tomorrow night so that it can meet with
Council on the 15th to consider these very issues. Question was called, and
it failed by the following vote:
AYES: COUNCILMEN: Aramburu, Ross
NOES: COUNCILMEN: Tayer, Ellman
ABSENT: COUNCIUiEN: Littman
Tayer moved that at the time City Council reviews the recommendations of the
Planning Commission on the proposed revisions to the Downtown Plan, the Bel-
vedere City Council be urged to be present and meet with Council on that
occasion, seconded by Aramburu. Aramburu clarified the motion further by
adding that we meet to discuss (1) proposed mitigation measures as Belvedere
suggests, and (2) the proposed Do~~town Plan; Tayer accepted the amendments.
Question was called and the motion passed unanimously.
H. The Deputy City Attorney at the request ~of the Mayor, rendered his opinion
as to the validity of the Council's approval of the Cahn/Lewis Precise Plan.
He said Council action did not vio~.ate the Master Plan and it was not necessary
to send the changes back to the Planning Commission. Ross felt Council had
not given due consideration to Planning Commission recommendations, particu-
larly concerning the setback provisions. He moved that a public hearing be
set to reconsider the setback portion of the City Council decision, seconded
by Aramburu. Aramburu then amended the motion so that the phasing portion
of Council's action also be included in the new public hearing, seconded by
Ross.
Tayer felt that the phasing aspect had been thoroughly and carefully explored,
although Aramburu felt both decisions should be taken as a package. Question
was called on the amendment, which failed by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNC IUiEN:
COUNCILMEN:
Aramburu, Ross
Tayer, Ellman
Li1:ltman
Charles Patterson, attorney for the developer, Cahn/Lewis, noted that he
would like the record to show, in light of the Planning Commission's reso-
lution, that the applicant was not involved in any "last minute shuffle",
and that the setback matter was not requested by the applicant. Inquiries
were made as to why this matter was brought up and it was explained that the
entire Planning Commission had objected to Council action as well as the
Property Owners' Association who were unaware of the action. Mr. Judah, who
made the original setback request, felt he had presented a reasonable and
accurate request which had been granted and saw no need for further action.
Question was called and the motion passed unanimously.
Michael Berline, the architect for the project, noted that lack of decision
on this aspect had placed a cloud on continuing action on their project.
Tayer moved that any Council actiun taken tonight contemplates that Design
Review action on the Precise Plan may proceed except with regard to the set-
back reQuirements of lots 5, 6, and 7, seconded by Ross and passed unani-
mously.
CITY COUNCIL MINUTES #398
December 8, 1975
Page 2
REPORTS OF CO~n1ISSIONS, BOARDS AND CO~MITTEES
Planning Commission (Chairman Kuhn) - As Chairman Kuhn was unable to be
present~ this report was continued to the next meeting.
Parks and Recreation Commission (Chairman Berg)
A. The first matter discussed was that of bollard installation on the Multi-
Use Path at San Rafael Avenue. Staff recommended that installation be
deferred, and Ross moved that the staff recommendation be accepted~ seconded
by Aramburu. The Superintendent of Public Works felt that bollards~ as
recommended by the Parks and Recreation Commission were not a good solution.
The City Manager recommended that the City Engineer and Superintendent of
Public Works be instructed to come up with an interim solution. There was
some discussion as to the best solution and the safety problem in question.
Ross then changed his motion to refer the matter back to the Parks and
Recreation Commission and adopt whatever recommendations they can get the
City En~ineer~ City staff, and Superintendent of Public Works to agree to,
seconded by Aramburu. Question was called and the motion passed unanimously.
B. As Council had asked for further discussion of the Del Mar Tennis Courts
Tournament Policy, the Chairman brought it up at this time. Aramburu moved
the staff recommendation that the City adopt as permanent and continuing
policy the granting to Tiburon/Belvedere Tennis Tournament Committee access
to one Del Mar Tennis Court on an annual basis, be adopted, seconded by Ross.
Tayer asked to be put on record as objecting to any tournament use of the
public courts for any length of time. Question was called and the motion
passed by the following vote:
AYES:
NOES:
COUNCIUHEN: Aramburu, Littman, Ross
COUNCILHEN: Tayer, Ellman
C. As Councilman Ross had been working with a volunteer committee in regard
to Esperanza Lane~ he reported that a plan had been established, a path route
set and the Committee was ready to go. He moved that the City Council
authorize $2000 to proceed with implementation of the path out of the Property
Development Fund with continual accounting of the funds spent, seconded by
Aramburu. Question was called and the motion passed unanimously.
D. Chairman Berg then mentioned se-,era1 other items of concern. The matter
of the Belvedere request for joint tennis courts is being studied and the
committee will report back to Council. He al~o noted a special committee
had met with Chief Manick regarding the skateboard ordinance and would report
back to Council.
Tiburon Peninsula Fine Arts Commission (Vice-Chairman Sennett)
As Chairman
reported on
to Council.
couraged all
placement of
Engoron was unable to be present, Vice-Chairman Suki Sennett
the work of the new Commission and submitted a written report
She stressed their pilot project, the Christmas play, and en-
to attend. Littman then suggested the Commission consider the
sculptures throughout Tiburon.
PUBLIC HEARINGS
REZONE FROM R-l to R-2 in
LYFORD'S COVE
ACTION: Referred back to PC
for further action
FILE: 97508
The Director of Community Development noted that the Planning Commission
had earlier considered the rezoning of one particular piece of property
in the area, but to avoid spot zoning, recommended the entire area now
zoned should be rezoned to R-2, compatible l~ith contiguous zoning. It
was explained that two parcels had sufficient square footage to add
extra units if zoning were approved. Elmo deMartini, one of the par-
cel owners, showed Council a map of the lots in question and noted
they were asking for commonality of treatment. Littman asked staff
what the total possible number of units would be should property lines
be altered and staff replied they ~7ould investigate and supply the
answer.
CITY COUNCIL MINUTES # 398
December 8, 1975
Page 3
PUBLIC HEARINGS
The Public hearing was opened and several neighbors spoke of the density,
parking and access problems. The Public hearing was closed and Littman
moved the matter be referred back to the Planning Commission with the
recommendation they limit the area of rezoning to Lots 1, 2, and 3 as
shown on Elmo d~lartini's map, seconded by Aramburu.
Question was called and the motion passed unanimously.
RECESS
The Chair declared a recess at 9:45; Council reconvened at 9:54, the roll
standing as originally noted.
As there were several citizer.s interested in Item 15, Tiburon Boulevard
Landscaping, the Agenda was chang8d.
OLD BUSINESS
TIBURON BOULEVARD LANDSCAPING
(Reed Ranch Road to Highway 101)
ACTION: Staff recommenda-
tions approved
FILE: 4100
The City Manager noted that the proposal had come before Council at its
last meeting but was continued for further :1~~'d1 of priorities as well as
the plantings. Staff recommended that Tiburon allocated $ 2,800 contingent
upon Be1vdere's 1/3 share of $ 1,500 to be matched by the County's $ 4,700
for this Fiscal Year only. rlembers of the Tiburon Peninsula Environmental
Committee, supporters of the plan for several years) presented a detailed
drawing of the plan and plantings proposed. Mr. Brunini noted that the
Traffic Safety Committee was concerned that the plants be low growing,
particularly near the Cecilia Way intersection.
Aramburu moved the recomm8ndations of the 3taff be accepted subject also
to Traffic Safety Committee's comrneilts and app~oval and that water con-
servation measures be considered.
Ross noted he still felt this a low ?riority item and would recommend it
be deferred to next year nt budget G.~Rcussion time, and he also suggested
that Parks and Recreation give ~ome input. Mr. Lichlyter noted that the
Parks and Recreation Comm~ssion had addressed ~he matter and felt more
tUne should be allowed for stu~y and that the matter be deferred until
later in the Fiscal Year.
Littman moved that the matter be t~bled, seconded by Ross. Question
was called and the motion failed by the following vote:
AYES:
NOES:
COUNCILHEN:
COUNCIUIEN:
Ross, Li ttmnn
Tayer, Aramburu, Ellman
Aramburu and Tayer noted that many years of effort and study by several
Committee and Commissions had already taken place but that Council had
voted for Design Review Board to act on all public works projects.
Littman then moved that ~~e accept th~ plan with full authorization of
funds subject to Belvedere's participation to be followed by comment
and approval of the Traffic Safety Committee and Design Review Board,
seconded by Aramburu. Question was called and the motion passed by
the following vote:
AYES:
NOES:
COUNCIll'lEN:
COUNCILHEN:
Aramburu, Littman, Tayer, Ellman
Ross
AMENDING CHAPTER 14 OF TIBURON
MUNICIPAL CODE RELATING TO SUBDIVISIONS
ACTION: Referred to
Planning Commission
FILE: 3100.4
The Director of Community Developmc~~ gave a brief history of the proposed
ordinance and noted that in March 1975 the State subdivision Hay Act was
amended and this ordinance was to bring Tiburon's Code up to date.
December 8, 1975
Page 4
PUBLIC HEARINGS
Tayer questioned whether the Planning Commission had acted on this and was
told by the City Attorney that the law did not require it. Tayer suggested
that as a point of procedure it should go through the Planning Commission
and come to Council with their recommendations. It was moved by Ross that
the proposed Ordinance br referred to the Planning Commission, seconded by
Tayer. Littman asked if there were any substantive changes, rather than
technical ones. Tayer requested that when the matter comes back from the
Planning Commission an analysis of th3 substantive changes should accompany
it. Question was called and the motion passed unanimously.
OLD BUSINESS
ACQUISITION OF NET DEPOT PROPERTY
(Consideration of Proposed Application and Cost Projections)
ACTION: No action
necessary
FILE: 3060.4
It was decided to discuss the application and cost projections prior to
Rezoning. Ross explained that the City's intention was to gain title and
provide immediate occupancy to American Youth Hostels for two of the buildings
on a use permit basis. Maps of the area with building notations were reviewed
by Council.
Financial projections were difficult as uses have not been determined, but
first year costs could be $57,000 contingent upon hiring a full time Parks
and Recreation Director and including maintenance, fencing and some renovation
or demolishing. This estimate did not include police protection and liability.
After much discussion of the cost aspect, and first year requirements, the
sense of the Council was that a more specific proposal was needed. It was
noted that the land must be used for parkland in perpetuity and a report
must be filed every two years for 20 years.
Littman mentioned the two most important things, (1) Tiburon should prezone
the area and, (2) we should not let this opportunity slip away. It was stressed
that the phasing was most important also. Council was advised further action
was not necessary as they had instructed staff to file an application at their
last meeting.
PUBLIC HEARING
PREZONING OF NET DEPOT PROPERTY
ACTION:
FILE:
First reading passed
37503
A proposed ordinance prezoning the subject property to PD (Planned Develop-
ment) was presented. Littman moved that we prezone the area as recommended
and the ordinance be read by title only, seconded by Aramburu. It was noted
that the Bureau of Outdoor Recreation limits the property use to a park and
perhaps this is inconsistent with PD zoning. Aramburu then made a substitute
motion that the ordinance be referred back to the Planning Commission with
instructions to pursue current zoning information l~ith regard to parks. The
Director of Community Development noted that Council had instructed the
Commission to prezone and they felt that PD was the most flexible and that
PD limits use to deed restrictions. Mayor Ellman asked whether Youth Hostel
use was permitted under the deed and zoning restriction. Aramburu withdrew
his substitute motion as this was first reading and any new findings could
be presented before second reading. He also mentioned that he wanted to go
on record as opposing any commercial use whatsoever in the property. The
public hearing was closed.
The question was called on first reading and it passed unanimously.
OLD BUSINESS
COMBINED BOARD OF DESIGN REVlm-J AND BOARD OF ADJUSTI'lENTS ACTION: Amend staff
recommendations
FILE: 3000
The Planning Commission recommends that the Boards of Design Review and
Adjusbments be combined and asked Courci1 to authorize a trial period. It
is felt that such a combination will result in streamlining staff and Board
time and work. The Commission's recommendation #2, that at least two repre-
sentatives be an architect and lal~er, Council felt was too restrictive.
CITY COUNCIL MINUTES #398
December 8, 1975
Page 5
The expanded use ot Consent Calendars vlas ciiscus;::ed and it was mentioned that
this was now in practice and working well. It was noted this would not be
a nel-T board but Q. combination of tl;lO pre8ent boards. The question of surplus
members was dealt with and felt not to be a probleill.
Aramburu then moved th~t the recommendations, without #2 (noted above) be
accepted and that staff be innt~ucted to work out the necessary ordinance
for implementation, sec9nded by R03S. Question was called and the motion
passed unanimously.
NEW BUSINESS
Planning Commissioners Bas3 a~~~ Euelotein ~]ere present, having just returned
from a Belvedere Pl~nning Co~micsion ffi(:eting and noted that the Commission
asked their City Attorney to advise th~il whether their objections had been
incorporated into the Sequoia-Pacific Finnl EIR to provide them sufficient
protection. Bass recalled they listed no specific objections but felt there
had not been inclusioil of the City of Belvedere's concerns in the overview
and mitigation measureo end i~pLcto ~ectio~. Aramburu noted that in the
Certification process the Tiburon City Couacil had conformed to the CEQA
guidelines and answered all questions properly. Council told the Commissioners
of their earlier decision to meet with the Belvedere Council on this matter.
ACTION: City ~anager recommen-
dations accepted.
FILE: 3055.2c
The City ~lanager noted the City haG received ~ppr0val of their previous
application for purchase of a two-acre parcel adjacent to Ililarita: he
noted that the original cc~cept had cha~gcd 80ffie~lhat ~nd felt it would
behoove Tiburoll to consider amending our application requesting the City's
allocation be used for other projects of perhaps higher priority. The City
Manager felt that the Sports Green should be our #1 priority, perhaps followed
by landscaping the Hilarita park ar~a. The Priority Setting Committee meets
on December l8 so a decision must t2 made today; he also mentioned he would
be meeting with the HUD representative on Wednesday to secure the validity
of our new project. Ar~~burll th~n ~ed ~hnt \Ve accept the recommendations
of the City Mana~er ~ith the additi~~_.that whatever ad0itional monies are
needed to complete the Sports Green be actively sought. Seconded by Littman.
TIBURON'S HOUSING AND COMl'1UNITY
DEVELO~IENT PROJECT
Parks and Recreation Ccmrnissioncr Fe cley noted that th~ Design Review Board
and the Parks n.nd Recreation C0mnic:::iJll f~J.t the entire Sports Green should
be completed at once and not piece-by'-p:L~ce J.8 currently proposed. The
Administrative Assistant 3ugg~8tei t~e neeo~d ~unds could possibly come from
the Land Acquisi tion Fund on c lOan bas:'.s. !l!::!."~m~uru then moved that if our
applicatio~ wero .:=nprO"\i ~d~~_~!:.8 entire a-;,non.nt be used for the Sports Green,
seconded by Littmp..:1. ROGS felt it importe.:lt: "to obteJ.in a list of alternatives
should this project not be afproved, and those outlined at the August 25, 1975
Council meeting were i_gain noted in order, with the Landscaping of Hilarita
Park following the Sports Green. Question was called and it passed unani-
mously. Ross noted th~t Hilarita residents had requested funding consideration
for a Day Care Center at Hilarita.
Aramburu mo~ed that if our ap?licati~~~~f22roved, we follow staff's recom-
mendation and arrange for all funding and go nhe~d. with the total Sports
Green, seconded by Littm~n. Question was called and passed unanimously.
DOWNTOWN BASIN DRAINAGE FEES
ACTION:
FILE:
Continued
4020
Litbnan moved that the reco~~ndations of the City Manager be accepted on
.the. two requests for fee waivers for drainage, seconded by Ross.
The City Engineer then noted that this has certain repercussions. He noted
that the water does not go into Tiburon Boulevard, but it does not directly
drain into the Bay. This decision could affect the total cost and fees set
for all drainage in the City. Littman then ~~ithdrew his motion and moved
the matter be continued.
It was the ~ense of the Council that the matte~ be continued and be next
presented with the applicable ordin~!nces, maps and accurate findings and con-
ditions.
STAFF REPORTS
C-:-:7.~~ LJfE'Jr~:~, 1:.1Tr,:riJJ'~~ i<~9fi,
ACTION: Report Accepted
FILE: 3000
ACTION: Report accepted
iILE; 4400
Der:emner 8) J975
STATUS AND TARGET DATZS FOR GENERAL FLAN ELEMENTS
STATUS OF CUL"DE-SACIN~ OF GRf:Et~HOOD ]F;'~,CH ROAD
"') .... r (
Further information to be conveyed to Council; because of Cal/Trans staffing
problems a delay has occurred. It was suggested that the City Manager write
to the Homeowners Association explaining the delay.
POLICE DEPARTMENT VACATION HOME CHECK PROGRAM
ACTION:
FILE:
Report Accepted
4400
The Police Chief was commended for the success of this fine program.
RESIDENTIAL GROWTH RATE REPORT ACTION:
FILE:
Councilman Tayer requested reports on the following:
Continued
3000
1. Why Greenwood Beach Road canno~ be simply blocked off.
2. Response to prohibiting parking in Blackie's Pasture Area.
3. Status of CAL/TRANS realignment on Trestle Glen.
COMMUNICATIONS AND CITY MANAGER ITEMS
NEXT REGULAR MEETING OF CITY COUNCIL ACTION: Meeting set for Tuesday,
December 16
FILE: 1020
In order to avoid a lengthy January meeting, it was the sense of the Council
that an additional December meeting was necessary. Tuesday, December 16 was
chosen and it was decided that the Belvedere City Council would be invited
to attend at 9:00 following regular City business.
EXECUTIVE SESSION
The Council adkourned to Executive Session at 12:13 a.m.
ADJOURNMENT
There being no further business, the Council adjourned to Tuesday, December
16, 1975 at 1:00 a.m. on Tuesday, December 9, 1975.
tit ~ ~~/
. RGE EL .
Mayor 0= the City of Tiburon
CITY COUNCIL MINUTES #398
December 8" 1975
Page 7
CORRECTED MINUTES
CITY COUNCIL
CITY OF TIBURON
CALL TO ORDER
The adjourned meeting of the City Council of the City of Tiburon, State of California,
was called to order by Mayor George Ellman at 7:41 p.m., on Tuesday, December 16, 1975,
in the City Council Chambers.
ROLL CALL
PRESENT: COUNCILMEN: Aramburu, Ellman, Littman (7:43), Rosst Tayer
EX OFFICIO: R. L. Kleinert, City Manager; R.E. Fosnot, Director of Community
Development; Martha Mullin, Associate Planner; Louis Brunini, Supt.
of Public Works; Stan Bala, City Engineer; Robert I. Conn, City
Attorney; Michael Manick, Chief of Police; K. Carole LaFollette,
Minutes Clerk.
t41 NUTES
~o. 398 -- On motion of Aramburu, seconded by Tayer, Minutes Number 398 were
unanimously adopted.
CO~SENT CALENDAR
There was a discussion of the Treasurer's Report with a description of property tax
installments and Revenue Sharing funds available to the City. City Manager
Kleinert said that he could forsee some real problems because of revenue sharing
beino cut back. He said that Council would be provided with a detailed mid-year
report on the financial status of the City ;n January before the second meeting.
On motion of Ross and seconded by Aramburu, the Consent Calendar consisting of
the following, was unanimously approved.
1. Treasurer's Report - November
REPORT OF COMMISSIONS, BOARDS AND COMMITTEES
2. PLANNING COt4tfHSSION - Cha i nnan Kuhn
A. Chairman Kuhn reported that in their next meeting the Planning Commission was
undertaking to analyze and identify the undergrounding projects for the purpose
of submitting recommendations to Council. The area.of immediate concern was along
Tib~ron Blvd. from San Rafael Avenue to Rock Hill Road. Chairman Kuhn said there
was a potential leqalaction against PG&E for trespassing on City land without
proper authority.
B. Other items of interest were:
1. ~ The forwarding of the 1975 Downtown Plan text material to Council;
2. :Downtown Tiburon Blvd. And Related Improvements Report as compiled by
Commissioner Edelstein and committee which would be sent to Council soon;
3. Circulation Element is under study by the Planning Commission and will
be at Council in 60 to 90 days;
4. Noise Element also under study by the Planning Commission;
5. Boardwalk along the Bay behind the new Sabella1s Restaurant is in the
first stages of construction;
Littman questioned the practicality of the boardwalk as it pertained to the
Windjammer guests using the deck. Chairman Kuhn said the boardwalk had been lowered
approximately two feet to prevent passers-by from peering onto the deck area of the
Windjammer. Rampton Harvey said his concern with the height of the boardwalk was
that if there was a repetition of 1955 the boardwalk would be under water, with a
great liability to the City. Littman suggested that changes should be made if it ;s
found that a mistake has been made.
CITY COUNCIL MINUTES NO. 399
December 16, 1975
Page 1
\.; i t ~y' Co U n c 1 ~! i nut e s Ii 3 9 9
December 1 , 1975
6. Marsh area to St. Hilary's Church Area.
Chairman Kuhn said the area is cut~rently being studied by staff and that the
Planning Commission should have a preliminary report to Council in 60 days. Mayor
Eilman said there were recreational and planning needs that needed to be worked
out together and that he ~ould be pleased if Commissions worked together on a
variety of projects. Gary Gray said he would present it to the Parks and Recreation
Commission.
OLD BUSINESS
3. NO PARKING - Blackie's Pasture
~CTION: Staff RecornmendatL.ili.),
Refer to Property
Owners.
FILE: 4400.6
Littman asked if the parkinq of vehicles with signs in them wasn't already illegal
in the City of Tiburon. Police Chief Manick said p~rking on city streets for
purposes of resale was illegal but it was a specific intent item, and Blackie's
Pasture was not a city street.
Don Batten said prohibiting parking in Blackie's Pasture would affect Belveron mOrA
th1n any other area. Tayer felt staff should come out with specific recommendations
as to those areas where parking could be permitted.
Aramburu felt the matter should be oresented to the Homeowners Associations in the
areas for recommendations to be ret~rned to Council in Jahuary. He discussed the
possibility of subsidizing bus fares to increase service to Tiburon, thereby
eliminating the need for coml1uter parking at Blackie's Pasture. Mayor E1Jman said
a report will be coming from the Bridge District by the end of January.
Ross felt the matter should be referred to the Planning Commission to hold meetings
a~d public hearin9s on the matter.
It was moved by Littman and seconded by Aramburu to prohibit ~arking of vehicles
~Jith signs in Blac}ie'_~ Pasture an_<t e'L?_~~.t:g.re in _t:b.?_~.i.iLQ.f iburo'l.. Question \"a~
called which passed by the following vote:
AYES:
NOES:
COUNCILMEN:
COUNCILMAN:
Tayer, Littman, Aramburu, Ellman
Ross
As for parkin0in general, in 31ackie's ;d'.rlstur::~., .i.t was moved by Ar'amburu and
seconded by Tayer to direct staff to COllie U.J \"./1 th recommendations to be sent to
!he adjacen~rQperty-oWTIe-;s_.~~iQci}=t~9B?~~~~~lj;f~_Jirought back to Council.
Question was called and the motion passed unanimously.
4.
DOWNiOWN DRAINAGE BASIN FEES (Request
for \'iai ve1'. of
Fel.~s )
ACTION:
Accept staff
recorrvnendations.
4020
FILE:
It was pointed out that since Mr. Droshin's and Mr. Zelinsky's properties drained
into the City system before draining into the bay they should not be exempt from
paying drainage fees.
It was moved by Ross and seconded by Tayer to accept staff's recommendation to
deny Mr. Drosh~n's an9 Mr. Zelins~'s-!~Jluests for waivers of drainaoe fees; and
that the City Council o~onsider waiver of future drainage fees for those
Eroperties which are cons~ruct~d over water, with all downspouts running directly
in to the B~y as confirmed by CJty E~qineeI_' Question was called and the motion
passed unanlmously.
CITY COUNCIL NINUTES NO. 399
December 16, 1975
Page 2
City Council ~~inutes #399
De~~nber 16, 1975
5.
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~1utTr -US.~ ;PAT~ (Con's t~uct i:on:of:.:!\Berm at ~ San ;'lRij fae 1.A\tem.ll~r.,,~ p
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Accepts.taff
recorrmenda t ion.
FILE: 3070.53
, .' ; :...~.i/ ;. 1,1:; fb:'f".: ',' 'j'; :.1};! .' C'icl,sts
Ross recomrriendedJspending the~mmneY';0n;'educating 'a;jd',:ticketing .the (Ri 1 Elr.€A. who
don't stop at San Rafael Avenue. Chief Manick said they were subject to the..
same laws as if on a roadway at the point the path crossed San Rafael Avenue. It
was Aramburu's opinion that ticketing I;.[ould not work..::.Jn ,..\,\
. . ~ .:..~: ..\ ~r; . f 'f I .
~! :
It \vas moved by Tayer and seconded by Aramburu to accept. staff is recommendati on to.
author; ze an expend; ture of $39Q for the con&tru'Ct'~on of .~~ safety ,berm oni the SQutp.
side of San Rafael:..;Ave'''tie....'.Quest.ion \'Jas :alledland .the motion. passed,unan,imousJy...
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6. GREENWOOD BEACH ROAD (Cul-de-sacing Status Report)
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. '.J ACTI09.V: Set, pub.l; c heari ng.
, F I L E :. I "': ?
Tayer said there was an exist'jng policy to cul-de-sac in that area. He recommended
advi's1n<g "everybody? who woul dc~ be., a.ffected' by it.. Aramburu sa i d the. CQunty woul d. '
have",t{jlitle notlf.1'ed so thej... coo:ld~ po.st s'ome signs, and !.asked what it w.ould c.ost.. :
The S(j1i~rtr1t~nd~nt of Pub 1 it ,t4orks sai.d:: tl!1e work would be done by Ci:ty crew and .
the cost would be nominal. ;'Het sa'id .tJil.li.' marin 0bj:ections would. come from the Richard-
SOil Bay Sanitation District and the Church.
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tt~'wa-g7.!1Jlcw~d by Littman and setootled-J'by,'Ross ..to, 'setcthe.matter, for an ,earl . ublic
hearing and to publish the Citylsintent_ to.s..l!J.,-=-e-sac. Question was called and
the motion passed unanimously.
'~:t(;.!<-l~ ';ffj. !~J..-;';. "~:! .!' " ..:.~: "l'~\~f. ":.:.:.1
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7. RICHARDSON BAY SPORTS GREEN (Status Report)
. . . '.. "
ACTION: No a,ct; on requ.i. r~ct
FILE: 3055.1a
"~.~:...~. 'J. f"'l' ".' " l..;J ,"rr.
Le9nJf(jrley'of!.i1:'!leLPal~ks.and' Recreation C.ommi-ssion said the overalJ issu~ of. th~..
regulatmry appr0-vErls a're.oeing pursuedby-,;staff;;and. the combined. positionof.,J;h.e;-
Pa rks : and Retreat; onCommd'ss i on and the) Boa.r..qof 'Des i gn Rev.i ew ,is not uni forml.d;~'f!
to .a' postponed 'meetir~~'~: /";;".l~ ::i,i. .
.:.:'." oj ~ '.';.)~., '~~;':I"';". . '!'..~;.'J('
Ar'amburu recommended" ami.. Mayot~ El"lman ldi'rected st~ff ;to present at the Jat1Uary 12 .
meeting a comprehensive plan for the Sports Green, outlining the financing.pl~~~nd
resolving the jurisdictional disputes.
Ross recommended sending infbrtnation to .,he .Belveder"e G.ity Council ~sincethe fac,it.;';ty
would also benefit Belvedere; with the ~uggestion that perhaps Belvedere could can-
t ri bu teto the; 'cas ts.,. ,\ i," . .~ r:J
RECESS
---
The Chair declared a recess at 9:10 p,.m.; Counci.'l reconv~ned at 9:,22. p~Jl)., ..the roll
standing as originally noted.
Also present .for. a joint'discus,sion were. four'members of the -.Belvedere City Counci1;
Vicel Mayor Stuart Cullen, Councilman Charl,es Auerbach, Councilman Bill Rafter'
and.Councilwoman Sherry Levit. .
; ..
8 . DOt~N;rO\~N PLAN'"
a. .Planning Comm.issionls Revlsed.Do'\1ntown Plan Recommendatiqns and.
. Sett.ing Public Hear;,ng.
Mayor Ellman introduced the Belvedere City Council. Belvedere Vice Mayor Cullen
expresserl regrets for.M?yo,r Bordon. Hi:s absenoe .was' una",oidabl e due t~ a~ldeath::;~.p: .t,'!
his family. ': :::: ". ,: ':).;':':': ":<. ..' :')T:ii~.," !,;'i;.;
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er TY COVN9IL MI~UTES NO.. ,~99....r' D~~!;mber,"j l~,~), ;I.;97~,
, ~ 'i. :';'d.' Page. 3 ;'>"1': ,1;:,. 'I;.,:' i '
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The Director of Community Development, Robert E. Fosnot, said there were two
areas for the Council to address: (1) Receive the Revised 1970 Downtown Plan from
the Planning Commission, and (2) set a date for Public Hearing. Staff will make
specific recommendations at the time of Public Hearing.
Tayer requested a summary of the differences between the Revised Downtown Plan (1975)
and the adopted Downtown Plan (1970) and Mr. Fosnot complied, highlighting the
differences:
The 1975 Plan would:
1. be less tourist oriented;
2. deal with a smaller scale of development;
3. have no structures to obstruct views along the open waterfront;
4. be more pedestrian oriented with less reliance on the automobile;
5. propose a bypass route to Tiburon Blvd. in te~s of circulation;
6. be concerned with economic development;
7. be in more general terms, in line with the General Plan;
8. have an implementation section for carrying out the Plan.
Mr. Fosnot said attached to the Plan is a density analysis report prepared by staff.
He said there were no records in the City files as to how the 1970 density figures
were reached. Also attached to the Revised Downtown Plan is a map that shows the
area which the Downtown Plan covers, dated October 13, 1975.
Mr. Fosnot said the Planning Commission did not want a demonstration plan as in 1970,
but wanted the general goals and policies to be the guiding instrument of the Revised
Plan.
Tayer asked if the law required a general plan to have a diAgaam along with the text
and Mr. Fosnot said a diagram was required for the whole community but not for a
specific area.
Littman asked about a diagram for land use in the Downtown area and Mr. Fosnot said
it could be shown in the fo~ of a PD zoning. Martha Mullin said an Environmental
Assessment document would accompany the revised text which would outline the changes
and impacts of the changes, and would require as much attention as the plan itself.
She said that a lot of the 1970 Downtown Plan remained intact and has been put into
a more workable form. For instance, decisions about land use mix, etc., have been
left up to .the City. The only specific item under land use, she said, was that the
waterfront would be left open.
Tayer recommended publishing the 1975 Downtown Plan as widely and as quickly as
possible, and having the public hearing as soon as possible.
The date for the public hearing was set for January 15, 1976.
public hearing is required and more could be held if necessary.
to prepare a resolution for the public hearing on the 15th.
Mayor Ellman said one
He directed staff
b. Discussion with City of Belvedere.
Belvedere Vice Mayor Cullen said there was a petition signed by 900 citizens of
Belvedere requesting consideration of the development plan on Belvedere in the
Sequoia Pacific EIR. In addition, he said, communications from both the Belvedere
Planning Commission and the Belvedere City Council asked that the ~pacts on Bel-
vedere be included in the EIR. In view of the lack of the consideration for Bel-
vedere, he said, there was concern the Belvedere wouldQDtinue to be ignored. For
that reason Belvedere sought legal ppinion and was told the impacts on Belvedere
could not now be included in the EIR without going back through the whole process
again; that once it is accepted it cannot be modified. Cullen asked how the Belve-
dere Council could assure their citizens that their concerns would be taken into
account.
Littman asked specifically what Belvedere's concerns were and Cullen said he assumed
that Belvedere's concerns were specifically listed in their communications to the
City of Tiburon.
Belvedere Councilman Auerbach said he felt it was not just the concerns of the
citizens of Belvedere that were not being satisfied but that 2,000 citizens in
Tiburon had signed the same petition and he felt their concerns were not being
answered, either. As an example, he asked if the project drained into the Belvedere
Lagoon. When told that it didn't, he asked why it had not been answered in the EIR,
as they had sent a memo to Madrone Associates.
CITY COU NCIL MINUTES NO. 399
December 16, 1975
Page 4
r
Mr. Fosnot explained that the memo did not a'ltrive in time' to be "included "in the'
draft EIR. However, he said, the EIR did make reference to B~~vedere's question
regarding traffic 'in~rease cin> satellite streets 'oh p~ge A': 125 when 'th~",consur"tartt '
did say: "Traffic, r'ncre~s~ iriBelvedere: :1;t' S' unlikely ,that 'the ii1c:reas':ew~u,fd be'
large, that,"ft:' iwol:11d:' 'haye' 'impact '~':n,'the ~ity. ",
" ,
'," .
Auerbach said'he 'did not; consider 'that' to be a mitigation of :aelvedere'scon~erni
Mr. Fosnot commented on the issue of pedestrian traffic in Be1vede~e And pointed out
that perhaps Belv.ed'ereitself might becrea'ting a tourist: at:ttacti.'On' 'b~aev~loping ,
open space presetv~~B;1.on~, the :Be 1 vedereCove. ' ' ," ' ' .
Mayor Ellman said that many' of Belvedere's concerns were listed :in the EIR,' although
maybe not in as much detail'as Belvedere would like. '
Littman listed a number of 'it.~ms in the 'EIR that applied t,o' Belvepere--dr~i:nage,
traffic on s~t~lli'te 'st'reets ~ pedestrian tra:ffic--and said he wa$ at' ,a loi;s': tb .'unCler-
stand what it was that"'B'elveder'e says is not dealt with: in the Ellfothet' 'than :the
conspicuous lack of the word "Belvedere".
Martha Mullin said that all of the letters the City received--including all p~ the,
corre'~potlldktfde: :frbnt 'Belvedere--,has beenin~!ldded' in the EIR, anti: is on file lit"'City
Ha 11. ' " -, ~~ ' ,,' . " -'
Auerbach: sa'!d'one' 'of "their big' concerns was ,that none of the list of 62 negati~e' ..
impacts t:(p~'142' ,add:t~ssed therils~l'Ves" to Belv~uere. It: was his feeling th~~"w4s>:th'e
most important part of the EIR. ' ' , ':
It ~a.,s.G.94~,~t~~ttm~ri:'~L~yiti's"'lfe~lirtg"'that to be included at the' 'end with a'staUtf of:'
other mi,~,~.(aJl~~e~t,t:S _l,l.~tt'e.rs' is,to rib,t'reallY: be" irlt~i.uded::: in an, EIR.' ,1Cu11~n 'agke~>:'."
what!I:\~is "the' si"gnif:icarice! of' being includea at 'the 'end of the EIR ifid::not ;'b~tng:::ih.l' ~
cluded in the list of 62 negative impacts in Impact Overview Action.:' :Mr. Fbsnot" '
said the consultant's could nqt summarize all of the impacts ,and detail them and,for
th~,~..'_~~~~91.t:ylleyf:;pJc.ked:.':-tHe 'imp~cts that ~~ey felt 'were mqst 'lmi>ortarte 'on ',th{~~i~t'.
He said that is why the word Belverlere;did'tiot specificaiiy appeatirt the Impact;' ,
Overview Section of EIR. ' \
, I
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Ross stated that the list of impacts was a form that f-1adrone sel~ct~d :fcil:' the;Clty
of Tiburon and the reason increased traffic on satellite streets was not included
was becauEfe;""ft: ,"i(ja:s considered: to be a' minor impac t ~ Aramburu' apoligiz~~f,:tha:'t'" ':}~ " :' ':
Belvedere was not mentioned more and said that he wished there ,could b~ more joint
session:~::..~t ..t'he;:~Y(q':qouhcils ..to discuss iho're of theit- co~on irtt~rests ,'an4 ,p'r~ijl~s ~l . '
: !, ',' ': ,; ,: . .. , , " . . I " ,I'" " . ,':
Levit agreed that the impact ls primarily on Tiburon but said that the 'itO.pAdtYOrl',i: ,i,,!,
Belvede~e is .greater than practically 2/3 of Tiburon because Belvede+e is ~ontiguou~
wi lih 'tfte bOWrlto~J.~br don .; f Tiburon. She~ aid the ErR inadJ~ua ~Hy II tat~d~lIi:' C ': ': '
Auerbach said that Belvedere was faced with the same impacts that Tlburo~ is, withput ,
. ~. " ~, ..' . .~l ." .
any of the economic mitigations to offset them. ' "" ,,':
Dave Dawson, of Sequ6:la"Ps.cific RtiEiico said 'they had received quite' a bit "pf:' pubri~ I,
opini~n input from B: lvedere residents and that he respe~ted ~!5~e~I~hs co~~~,:~ps..i'", .,'
He sa1.d the law requ1.res the consttltants to study the major C1.ty~ t~ey are do-ing the -.,"
develo\1~~~~. " If" it. "aff€:c,t;,s the neig~~,~ring cit~ ,~or~.,the.n t:he}T have ,to; stat~ ~~,
but do"not '1\ave;'t:6::~ehl::ion "it'''unless:it,af~ects the contiguous City~'m(jre than'the
city in which t.h~.'\aeve1!6pmertt:i.s 'beirig'ciorte.' '
City Attorney Conn said that an EIR can be supplemented after it has been certified,
to.., tb~..Jl~~t,p.f_ h,i$ ,ltnQwledge, if, ~here. a~,e major impacts that have not been covered
in the EIR. " '
"~ l. .~ ;. . ! ;, t .'
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Aramburu reminded the assembled group that certifying an EIR is only to meet the
requirements of CEQA, and does not approve a project. He further said he would like
to tie down the rumor with facts that Southern Pacific ~ould sell the land for $1.8
million. If that's the case, he said, Tiburon and Belvedere ~uld float bonds and
purchase the land themselves.
Ross said he was attempting to develop some information together on that subject.
He said he felt it had to be looked at iT: terms of the cost of the laud-plus whateve~ '
. " . ,', :/,.,
was going to be done with it. ' " I'
Aram~uru asked i~ the City of Belvedere intended to sue the City of Tiburon and Cullen
said" 'they couldh'~6t. g~ve an answer then to that question.
CITY COUNCIL MINUTES NO. 399
Decemb~r 16, 1975
Page 5
Littman m:;l,d~ .~hefq.1a9u1i~g mo ~ ion:: .
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l~her~~.;9~:'~9:~~~b;eF ':?~~ .1?l.?-~"th~,JC~ty ~R~tlC~r pi:; t~~,,!f.ity '" of T~b\1f~n"j ~j,'::/:": I ,'~ <,
enac ~~ ~~~QJu~i:~~\: .if(71~"i\ ~cFJ;ify.j.}lg.: ~P:e f.,in~~ E~~l :9:n: ~l;1.~ .S~q':1~~a~.,~a~ita.f\ r",' .
Master Plan; and whereas the City now desir.~~; t:;Q r ~up.pl~e.~t; said ,'EI.1Mi+on~: '"
mental Impact Report with certain additionat" indi6:mnatio~ as' set" fo"I:thl'U~rei~;"
now t~,~~J:C?tl;"~ J:>~;~~_tt,!?;.,~~oJv~d :thfLr: ;,~h~'City),CQy~ci,l, 9f; t~~,.G+ty I Qf +ibur,on~
does hereby supplement said Eilviror~ental Impact Report as follows:
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". .;w; ;t,J~)J~~)\j.~~~~~9.n;, :9.;': .~p.~ .~e~~r.~~~~lm ,,~ro~ ,.FJ::1e ,Pity ~n~g~~J to!,th~', . : " ::' ; .' i' I : ,',..:f,
City Council dated December 16, 1975", on,. thee :$,ubje.ct ,oftlhe! Cit:y.., " .. " ' ,
. . ,.) ,.1 ,I ,J .. I..,. .. ': . . ,1,6 ". . ' .. .' ." ':.~ .J ! 1 ,_').' ,.J :. . ~. ; ~ . ~ ..
of Belvedere's concerns with the Final EIR for the Sequoia Pacific .
rh:R~}..F:9 .~ :p~velopmenJ:.;.~last:~j.. .P.~.~J;L; ~~~~C.h~~.i,~O;,'t'lhi~\l) J~:..~ :~;e,~,~e:~~",~:. :'::.'l,:' t.':~ j,.v'.,'
of correspondence from the City\,.0~:, B.etly;~~ere. f.9:~e.~he~..w~$, ~me .," :';, : ': ~"i\';~':
internal memoranda of th~irn ~nd ~ttLched at the end of which is a
meJ1l~l=~~~} n;9~J~~Jp~ .,~'jllith cn.cl As:!?oci~!tes~;, ~~fe~:~.p~~J~mper: .~,:.;;~97~ ',,,, _<:~ :: :I~'.. ,:..~ .iJ
,.".:,,:I~i)terr~.~~ :to.~ tf,,~~r.~~.~~c; !\To.l~~~" OXl nea~~,;r. ~o.a?~~<~ t l..s~.. ~9w.::;3.~d, ,~~; ;L.t," ",;:' .',i, '.'.: ~ .~ , ; "I
i,~i:~X~~~.,t~~lltP. Qe. :with, t1f~ Ae...,;-~lpJ>iI~w:nt 5"+ the ~:,()'tm1:o,m;i~J~~.J;;L1 :". or: ,;:; ',.: {.;,';;
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Seconded by Tayer.
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Levitt;~~~4L~~t, ~u~ :,l:il~~'l)to s~~ C~~ i~~:1lj,)~~p '$i~~1;.f.~' ~~"the,..,C~~ies:<.pf,~;B~~vr~~r;eii~~~;";l';-)
Tiburon write out the impacts affecting Belvedere and add as a supplement. . .! i.:,:'
The motion, ',~~.~_.;'~~Jld~d : by;, .Ar?ID})\1::r:u :Fq.,~nc:~~pe,_~heap.p.roPX'~~t;e .~F~~ -pf the ;~,~nu~e.~ ""j" -f.:
of thii,-$.l ~ti~g;thfJ'P' ..re~.a t~:; to:~jo~~t d.iscu~p..i.,on: b~tween ~~~, ,B~l}',~~~~~, :{ln~' ~~b~ron:" '"., .
City Council's as a supplement to the EIR.. ., I :"':. :i';' :/'<"";,,', ,;, .
It was~,mo~~d; py, 4~~:L>ul(u. and, 3q~,!nq~d py; J.pss"_to,,:~~clud6 the ,'~ilbur ~ith, l~tteJ; of,
December...8!11' 197~5.",jrifrom. ,the,.o'~-iginal. mocion: on :the grou~s ,thait_t~,infonn~ti.on:.,;. ','.,:
could. .be .found ~lsewhe~~ ;i.n,.t~e; ElIte; ,Qu~s:t~ql1."V'a~,,~a~~~..an4, t~~ r~t~ ~~s ~P~?USi '.,~
to accept'..,,the, am.elldme~t,. ,',":' ,'",.;, ","',', i " ,,;, '., ",' , - "" \
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I t 't-1~S; ~Qve4-;,p~;I~i.;~~~,d~;~d ~,~'Fo~~!e~, by, (~:rmij,bur~. .,~p, i.~cl~de Mayor. ~l~an' s 'le~.t~~- .i~,' .,
the motl.Qp.t-r"'l~Tl.1.~i,p1qEl.OI~\'.,R;~;~Fl:.eA ll~~_ ~he f;qtlo~-1.l.ng ;v~t~:: ":".., fr.,' .';~, i..I,'
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AYES: COUNCIU1EN: Rose, Tayer, Aranburu, Littman
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Question 'w~"~(l:e4~(i1;..~.it:t~~p 's..m0~'~Q,ll,./- ~ amen4ed ane\' ~h~::. ';,<?t~ ~;~~, uf1,~P~ous,~;::::, '.'~'
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Ros~ ~~-~~-4i"p,~I ~9~.14, ',9g",;;~~l}il}g :~c., pery,e, .on 'a ~.onUni~t);ee. ,'~o' .pur~~e: ':~!~~tll~~n~~c~t~'~:~'~'i ..:;l, :~'"
rumored willingness to sell the do\.~to\~ ~roperty, and report their findings at the' "
JanuarYIJ;5tA.-,j~~tiJ?-&.;I~"" '.,i ',' , '.'; i" 'l. ~"" :. '-.:~"jJ .~i") ii":.:,..t.\;:~ . ,").:
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Be1ved~X1~ ~~ '{i.C;~ ,~aY:.c:t~,:C:\ll;l,<?~, q3irl ,the r:1~1t,i:ng, W['.f.: .~.~, :?,f~~c~~l: :B'~'~~~'4,ere, '~;ity. Co~~ci.~ <:
meeting and it was adjoarned to 7 p,m. Senday evening, December 21, 1975.
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EXECUTIVE SESSION
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The ~Q\ol+.~ ..City ;Co.~~q~~ ",a~.Jour~e,c1 ~o Ex~c:~t~;v~ .Ses:.~i.,on ~t ~l,~~6 J~!'ffi.,..;, : ,: ',' /,
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a.m. December 17, 1975 to the next Regular ~e;~i~..9,~ ~~nu,a:t:~ .J2,:;;~?~.,,~ ::":.u'>. ,:'.' .
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