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HomeMy WebLinkAboutTC Min 1975 (January thru June) (corrected on page 4) CITY OF TIBURON CITY COUNCIL MEETING I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of California was called to order by Mayor Aramburu at 7:42 p.m., January 13, 1975, in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Aramburu, Ellman, Littman, Ross, Tayer ABSENT: COUNCILMEN: None EX OFFICIO: R.L. Kleinert, City Manager Richard Breiner, Deputy City Attorney Stan Bala, City Engineer Robert E. Fosnot, Director of Community Development Louis Brunini, Superintendent of Public Works Maurice Lafferty, Police Chief Stanford Lichlyter, Administrative Assistant Martha MUllin, Associate Planner John WOOdmansee, P & R Assistant Terry Condy, Minute Clerk III. APPROVAL OF MINUTES MINUTES NO. 369 .., Page 3, the word "landscape" added at the end of the second sen- tence. Page 4, item 7, the words "answered by" deleted and "addressed in" inserted. Page 5 second paragraph delete "and in every Possible way". Page 5 second paragraph, third line from the bottom, add '~artially" at the beginning of the sentence. On motion of Ross, seconded by Ellman, Minutes No. 369 were unanimously approved as amended. IV. CONSENT CALENM.R On motion of Iayer, second9d by Littman, the Consent Calendar consisting of the following items was unanimously r.ccepted: A. Acceptance of Grant Deed for Pedestrian Passage - H. Alle~ Adopted Res. 1688 B. Acceptance of Grant Deed for Parcel 2 as Open Space of the Entire Parcel and for Pedestrian Fassage across the Parcel - H. Allen. Adopted Resolution 1689. C. Acceptance of Grant Deed for Parcel 3 for Roadway Purposes Along Round Hill Road _ H. Allen. Adopted Resolution #690. D. Hilarita Gardens -Approved truck garden.contingent upon proper source of irrigation. E. Creating No Parking Zones: Marinero Circle - Adopted Resolution 1691. Reed Ranch Road - Adopted Resolution #692. F. Stop Signs-4 Way Stop Signs at Baseo Mirasol & Via San Fernando Rd. Adopted Reso- lution 1693. On Stewart at Silverado Drive - Adopted Resolution #694. G. Landmarks Committee Resolution increasing membership and appointing officers- Adopted Resolution #695. H. ;Development Administrator's Report - Accepted. v. PUBLIC QUESTIONS & COMMENTS PINE TERBACE DBA lNAGE Mr. Sol Martin expressed appreciation to the Council for himself and his neighbors for the completion of the drainage construction in Pine Terrace. COUNCIL'S RESPONSE Anne Ellinwood expressed her concern regarding the Council's reaction to the City of Belvedere's Resolution regarding the formation of a joint committee to study the downtown and the Council's response to questions from local residents. DBA lNAGE IMPROVEMENTS !~ry Price asked the Council when drainage improvements would he performed in her area. The City Manager stated that the contracts had been signed and Mauiore and Ghilotti, Inc. would begin construction very soon. Mrs. Price asked the Council', help regarding water draining onto her property from a neighbor's property. Council- man Ross volunteer~d to talk directly with the neighbor. CITY COUNCIL MINUTES NO. 370 January 13, 1975 Page 1 PARKS IN OLD TIBURON Mrs. Price requested Council's opinion regarding parks in the Old Tiburon area. The Chair responded that this question will be studied after there has been a deci- sion on the entire downtown area. EROSION PROBLEMS Elmo DeMartini referred to accumulated water causing erosion problems in the Old Tiburon area and suggested th8 building code reflect that the property owner should collect this water and bring it to the cULb to control the heavy rain water and prevent erosion. MOTO CROSS Marc Horwitz ask~d Council for per~ission to organize a moto cross run in Blackie's Pasture on a regular basis. P & R Commissioner Gomez stated that the P & R Commission had given approval for use of the land and had recommended that the City pay $50 for the necessary insurance coverage for the first race. In response to questions from the Council, Mr. Horwitz stated that the race would last approximately 3 hours; limited to children between lO and 16 years of age; he would make sure there w[-;s insurance coverage; approximately lOO children would par- ticipate and the area would he completely cleaned up after the race. After discussion, the Chair directed staff to coordinate with Mr. Horwitz and make the necessary preparations =o~ one race and report back to the Council as to its success and/or problems. Upon receiving this report, Council will consider granting permission for future races on a permanent basis. TRAFFIC SIGNS Mrs. June Lawwill present~d the Council a petition from residents in the Pilgrim Heights area for tr~ffic cantion signs. After discussion, Littman moved, seconded by Ross, that the Police Chief investigate the traffic situation. The Chair stated he thought it should be studied by the Traffic Safety Committee. Mr. Gordon Wright, signatore of the petition, supported the need for traffic controls in the area. The Chair referred the matter to the City Man~ger for immediate consideration by staff. There being no objections, the Ccair withdrew the motion. PARKS & RECRFATION ASS~3T~..~I~ The City Manager introduced John Woodmansee who was recently hired under the Public Employment Program aA the City's Parks & ~ecreation Assistant. The City Manager also stated that Mich~el Harris had also been hired as a laborer under this program for the Public Works Dep3rtment. NEW COMMISSION APPOHITNEi:7TS The Chair appointed James Wilson to the Planning Commission to replace Bill Lukens who has recently resigned. V:3 Chair appointed Leo Lightner to the Board of Adjust- ments to replace James Wilson. The Chair appointed Brian Denton to the Parks & Recreation Commission to replace Dr. Capozzi. RECESS A recess was taken at 8:45 p.m., the Council reconvening at 9:00 p.m., the roll standing as originally taken. 7I. PUBLIC HEARINGS 1. REQUEST FOR APPROVAL OF TZNTA TIVE AND FINAL MAP FOR CONDOMINIUM CONVERSION - Lot 7, located at 80 Lyford Drive - Charles Kuhn, Applicant-Resolution ACTION: APPROVED RES .1696 FILE NO. 87304 The Director of Community Development introduced the item to the Council. The application ha~ gone through the Use Permit, Tentative Map and Final Map approval at the Planning Commission level. Staff recommended approval of the application with the conditio~s Sp set forth in the Resolution. CITY COUN~IL MINUTES NO.. 370 January l3, 1975 Page 2 The Director amended the Resolution deleting the words "to the City Council approval" and inserting "to recorda tion of the Final Map." Mr. Bill Cussens was in attendance representing the applicant, Mr. Charles Kuhn. The City Manager stated he had received a telephone call from a neighbor who com- plained that the landscaping had not been maintained. The Director of Community Development stated he had spoken with the landscape architect and according to Condition #3 of the Resolution, the land8caping plan shall be fully implemented and maintained to his satisfaction. The Chair opened the public hearing. There being no questions, the Chair closed the public hearing. On motion of Tayer, seconded by Littman, to adopt Resolution No. 696, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON RECOMMENDING APPROVAL OF THE TENTATIVE &ND FINAL M\P FOR 80 LYFORD DRIVE FOR EIGHT (8) CONDOMINIUM UNITS, was passed by the following vote: A YES : NOES: COUNCILMEN: Aramburu, Littman, Ross, Tayer COUNCILMEN: Ellman Ross commended the Planning Commission for the care and attention they had given the application. 2. REQUEST FOR APPROVAL OF TENTATIVE AND FINAL M\P FOR CONDOMINIUM CONVERSION - Lot 14, Marinero Sub- division, located at 30, 32, 34 Marinero Circle and 93, 95, 97 Lyford Drive - Richard Ham, Applicant-Resolution ACTION: Adopted Res. No. 697 FILE NO. 87402 The Director of Community Development presented the staff report regarding this item. He explained that the application was deficient in the open space and accoustical require~ents at the Use Permit stage. With regard to Open Space re- quirements, the applicant applied for and was granted a variance by the Board of Adjustments on September 16, 1974. The Use Permit Tentative Map and Final Map was subsequently approved by the Planning Commission. There was one unresolved issue dealing with the computations of the engineer when the plans were before the City l~ years ago. Our City Engineer requested inspec- tion of the building by a licensed engineer. Mr. Copple was retained but can't say the building is completely safe without computations. This has been included as Condition #5 of the resolution before the Council. -This resolution is also amended exactly as the previous resolution. Discussion followed regarding the sound transmission tests and that the Planning Commission has waived certain sound transmission requirements. The Chair opened the public hearing. Mr. Brian Mccarthy, attorney representing the applicant, Richa=d Ham, addressed the Council. He explained the condominium was built on a very steep hill, and therefore could not provide level open space as required by the City's ordinance. Very large decks were built for each indivi- dual unit. The Planning Commission took this into consideration when approving the Use Permit after the Board of Adjustments had granted a variance. He further explained that the sound transmission tests which did not meet the stan- dards of the ordinance we=e in three small areas where entryway and kitchen tile were installed. Discussion followed regarding the intent of the condominium ordinance and that the building was to meet the present UBC standards. The City Attorney advised that the Council was not in a position to reverse the action al- ready taken by the Board of Adjustments because they weren't being presented by an appeal. Art Lang, engineer for the building, stated the structural drawings had been mis- placed, but he had supervised the construction and the building had been completed according to his design. The City Engineer stated the building was rather tall and not of ordinary construc- tion. It was his opinion that it should be analyzed for horizontal forces. The Chair closed the public hearing. CITY COUNCIL MINUTES NO. 370 January l3, 1975 Page 3 On motion of Littman, seconded by Ross, that Resolution No. 697, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON RECOMMENDING APPROVAL OF THE TEN~TIVE AND FINAL MAPS FOR 30, 32, 34 M\RINERO CIRCLE AND 93, 95, 97 LYFORD DRIVE FOR SIX (6) CONDOMINIUM UNITS, be approved including condition #5 and as amended by the Director of Community Development, was passed by the following vote: AYES: NOES: COUNC ILMEN : COUNCILMEN: Aramburu, Littman, Ross, Tayer Ellman Tayer expressed concern that the Boards and Commissions be fully aware of the history and the purpose of the condominium conversion ordinance that they should not treat it the same way that they would another type of construction. The Chair directed the Director of Community Development to relay Council's concern to the Boards and Commissions. Planning Commissioner Wayne suggested that the ordinance be amended to make it more constrained. Ross suggested, Wayne agreed, that the Planning Commission determine definitely whether decks should be considered as open space. Ross sug- gested that if there is a problem at the Planning Commission level, it should be referred to Council for a policy decision. 3. PUBLIC NUISANCE - UNFENCED POOL, 123 HACIENDA DRIVE, ORDER TO SHOW CAUSE - Paul E. Wilson, M.D. Respondent-Resolution ACTION: ADOPTED RES. NO. 698 The City Manager reported that 90% of the necessary work to enclose and lock the fence had been completed. The Chair opened the public hearing. Planning Commis- sioner Wayne stated the respondent had been away and he felt sure the work would be completed without adoption of the proposed Resolution. The City Manager ex- plained that a hazard still existed. The Chair closed the public hearing. Ellman moved to request assistance of a local citizen to resolve the matter and if there is no response within 48 hours, that the Council resolve to declare a public nuisance as of that date. Motion died for lack of a second. On motion of Littman, seconded by Ross, Resolution No. 698, A RESOLUTION OF THE CITY COUNCIL OF TIlE CI'IY OF TIBURON DEClARING A PUBLIC NUISANCE AND ORDERING ITS ABATEMENT, was adopted by a unanimous vote. VII. OLD BUSINESS 4. ABaG REGIONAL HOUSING PLAN (Council's comments concerning proposed ABAG regional housing plaa.) ACTION: Mayor to send letter to ABAG expreSSing certain concern. FILE NO. 6300 Chair referred to letter from Margaret Azevedo which supported the Resolution and stressed the minimum commitment on the part of the City of Tiburon; that it would be applicable only when Tiburon was going for federal funding of projects. Chair suggested a resolution which would oonvey Council's feelings, stating we have implemented the Hilarita Project, we have guidelines for implentation of housing projects, and we are supportive of ABAG's concerns. Chair mentioned communications from residents who opposed the ABAG Regional Housing Plan. Ellman suggested that the Mayor be authorized to write a letter expreSSing Tiburon's willingness to listen to Regional Housing Plans, that our Housing Element has reference to regional housing plans and we intend to implement our Housing Element to the greatest extent possible. Also suggested we send ABAG a copy of our Housing Element. Ross suggested that the letter include Council's concern about the fair share proposal was too vague. Council wanted to know the formulas being used. Littman suggested that the Council agrees with the general statements as stated in an advisory manner but would want more discussion if the statements were more than advisory. Elmo DeMartini, speaking for himself and Mr. and Mrs. Nat Marans and Mr. Don Battent . expressed the opinion that they would like to see the City of Tiburon .e'ali~oca~ eta1E control and urged the Council to turn down the ABAG proposal. Mrs. Mary Price agreed with Mr. DeMartini. It was the general concensus that the Mayor be authorized to summarize the Council'o opinions and forward them to ABAG. CI'IY COUNCIL MINUTES NO. 370 January l3, 1975 Page 4 5. SEQUOIA PACIFIC EIR CONTRACT (Council's consideration of scope of services for preparation of final EIR by Madrone Assoc.) ACTION: Approved Agreement as submitted to Coucil. The Director of Community Development introduced the item to the Council. The Director explained the changes that had been made in the Scope of Services, which deleted the consideration of the Parks & Recreation Plan as a viable al- teunative. Staff had discussed the Parks & Recreation Plan with Madrone, and it was a joint decision that the Plan which provided a set of requirements for epen space and park land in the project area, but did not provide any plan for the remaining area, could not be properly evaluated as a viable alternative. The Director noted that the P & R Plan would be a good guidepost for park and recreation land in the downtown area~ The Agreement was amended to provide the consultant ten weeks to submit the draft copies of the report plus appen- dices to the Director for technical review and staff comments. Staff recommen- ded that the ErR be rewritten. The estimated cost was $l9,098. In response to a question from Ellman, the Director stated that the developer had already spent $43,000 on the draft EIR. Ross agreed that the P & R Plan should not be considered as a viable alterna- tive, but should be responded to in the same manner that all written comments are responded to by the Consultant. Littman agreed. The Chair directed that the P & R Plan be responded to by the Consultants. P & R Chairman Pickett stated that the Commission had formulated the plan and recommended that it be submitted to the Planning Commission as an element of what they hoped would be a revision of the adopted 1970 Downtown Plan, and it was not meant to be con- sidered as a viable alternative in the EIR~ Discussion followed regarding the necessity of rewriting the EIR; the quality of the draft EIRj inadequacy of the editing; the cost of rewriting the EIR and who should pay for it. Ross suggested that perhaps the City should share the estimated $7,000 cost of rewriting and editing the EIR. The Director stated that the developer thought he was contracting for a final and not a draft EIR for the $43,000 expended. In response to a question from Ellman, the Director stated that a draft and a final EIR Contract would cost approximately $60,000. The Chair agreed that $60,000 would be the current cost for an EIR of this magnitude. Tayer ques- tioned the City spending money on. any EIR. The Chair suggested that the Council approve rewriting the EIR and approve a contribution of a maximum of $3,500 for that rewritten portion. Littman suggested that a summary be written. Tayer suggested that only the response to comments was needed and couldn't support spending City money to rewrite it. After further discussion regarding the impracticality of hiring another Consultant to prepare the final EIR, the Chair stated he personally felt the Council needed to have the EIR reorganized in order to have a good viable document. On motion of Ell~an, seconded by Ross, to approve the contract as specified in Exhibit C for $19,098 and the Agreement as modified to include response to Park & Recreation comments and the extension of time for the consultant to provide the Director with the draft. Littman suggested an amendment to the motion which would state with respect to the editing and summary,which is $6,200, those items be deleted and instead of rewriting, there be an accura~e compilation of all of the responses and a summary of the entire matter be pre- pared rather than a rewriting. Tayer seconded the motion to amend the motion. In mesponse to a question from the Chair, the Director stated a summary was feasible but did not recommend it because he felt some of the community would not accept it as they would not have the original document to compare with it. The motion to amend the original motion, failed by the following vote: AYES: NOES: COUNC ILMAN : COUNC ILMEN : Li ttman Aramburu, Ellman, Ross, Tayer The City Attorney stated that the Council should authorize the Mayor to sign the Agreement upon payment of the till. The City Manager suggested that the developer reproduce the necessary copies at a cost less than the $3,173 pro- posed by Madrone. Question was called on the original motion, which passed by the following vote: AYES: NOE S : COUNCILMEN: Aramburu} Ellman, Littman, Ross, Tayer .OUNC ILMEN: None 6. REED UNION SCHOOL DISTRICT FACILITIES The City Manager gave a report on the status of the school facilities and sites. CITY COUNCIL MINUTES NO. 370 January 13, 1975 Page 5 The City has indicated its interest in acquiring the North Central School site. The School District is having CWo appraisals made of the site. The Chair directed that the Barks & Recreation Assistant should actively pursue the use of the facilities for recreational programs. Margaret Jones, School Board Trustee, agreed it would be very useful to have staff liason. 7 · TIBURON DRAINAGE MASTER PIAN (Council's approval of proposed Master Plan for the Belveron, Miraflores and Rock Hill Road watersheds) ACTION: Adopted FILE NO. 4020.8 On motion of Ross, seconded by layer, to adopt the Tiburon Drainage Master Plan of 1974 and authorize the City Engineer to prepare a final and updated cost estimate of the required drainage improvements and establish the per acre drainage fee schedule for these three watersheds, was unanimously passed. VIII. REPORTS FROM COMMISSIONS. BOARDS & COMMITTEES 10. BOARD OF DES IGN REVIEW Encroachment on City right-of-waY--E. Borgman The Associate Planner gave the report to the Council. The item had been re- ferred by Council to the Board of Design Review. The Associate Planner stated that all swimming pools and fences would now be reviewed by the Board of Design Review. The Board of Design Review had made several recommendations and the applicant, E. Borgman, who was present at the meeting, had complied with the recommen- dations. Because the fence exceeds the height limit, a variance must be granted by the Board of Adjustments. Ross congratulated the applicant for his cooperation with the City. On motion of Littman, seconded by Ross, that the Council accept the report and that a revocable encroachment permit be issued upon issuance of a variance, was unanimously approved. IX. NEW BUSINESS 8. RICHARDSON BAY PROJECT ARFA (Establishing Project Area for coordinated planning activities by various agencies and organi- zations) ACTION: Approved FILE NO. 3055.la The City Manager reviewed his staff report which provided that a project area be established encompassing the Richardson Bay Shoreline, Tiburon Boule- vard and Richardson Bay Lineal Park for proper coordination between the various agencies, organizations and committees involved in activities in that area. The next step would be for the City Manager to have the Project Area map prepared and advise all agencies, organizations, and committees involved of the City's desire for the coordination of their activities. The City Manager stated that although the Council has received the Sasaki-Walker Lineal Park Plan, it has never officially adopted it. On motion of Ellman, seconded by Dayer, to endorse this concept and recognize the project area, was unani- mously approved. 9. CULTURAL ARTS COMMISSION ACTION: APPointed Ad Hoc Committee FILE NO. 6l00.6a The Chair appointed the following residents to an Ad Hoc Committee to establish a basic charter and basic program for the proposed Commission: Mr. George Martinez, Chairman; Mrs. Phyllis Helfand, Mrs. Helen Benedict and Mr. Merle Ellis. The Chair directed that the Committee report back to the Council in two months. Additional Committee members would be appointed by the Belve- dere City Council. x. STAFF REPORTS ll. HOUSING AND COMMUNITY DEVELOPMENT ACT (Status report and review of proposed Tiburon projects) The Associate Planner stated that Councilman Ross and Belvedere Councilman Rafter would meet and formulate a plan for the two cities which would be submitted to the County on January 17. CITY COUNCIL MINUTES NO. 370 January l3, 1975 Page 6 I The first year's allocation is for community development projects. The Chair requested that the Council be given a list of the plans. Littman suggested that buses be purchased to run along Tiburon Boulevard frequently. The Chair indicated he would like more information on this idea. Littman volunteered to work on a specific plan to implement this concept. l2. 1975 PUBLIC EMPLOYEES PROGRAM Council considered this item during Public Questions and Comments. 13. REGISTER OF CIAIMS - NOVEMBER & DECEMBER ACTION: Accepted On motion of Ellman, seconded by layer, Register of Claims No. 125 was unani- mously approved. On motion of Ross, seconded by Tayer, Register of Claims No. l26 was unani- mously approved. XI. COMMUNICA TIONS & CI'lY M\NI\GER REPORTS (a) Bicentennial Celebration - County Fair 1976. Council acknowledged receipt of letter. (b) Mayors & Councilmen's Legislative Program for 1975. Council acknowledged receipt of letter. (c) Highlands Development (Marin County Planning Commission Public Hearing for l09 units located adjacent to Tiburon City limits and Reedlands). The Chair directed the Director of Community Development to send a letter to the Marin County Planning Commission reinstating the City's position regarding.this -development. Littman suggested that we ask the City's new Supervisor to provide infor- mation regarding development within the City's sphere of influence far enough ahead so that the City can review it properly. XII. EXECUTIVE SESSION The Chair adjourned to Executive Session at ll:SO p.m. XIII. ADJOURNMENT There being no further business to come before the Council, the Chair de- clared the meeting adjourned at 12:25 a.m., January l4, 1975 to MPnday, Janu- ary 27, 1975. \. ~SfiSj R. L. KLEINERT, City Manager/Clerk APPROVED BY THE CITY COUNCIL ON: of Tiburon C I'IY COUNC IL MINUTES NO. 370 January 13, 1975 Page 7 CORRECTED MINUTES CITY OF TIBURON CITY COUNCIL MEETING I. CALL TO ORDER. The resular meeting of the City Council, City of Tiburon, State of california, .ss called to order by Mayor Aramburu at 7:45 p.m., January 27, 1975, in the City Ball Council Chambers. II. ROLL CAl,!. PRESBNT: ABSENT : COUNCILMEN: Aramburu, Littman, Ross, T"-yer (8:50 p.m.) COUNCILMEN: Bllman EX orFICIO: R. L. Kleinert, City Manager Robert I. Conn, City Attorney Stanley Bala, City Bngineer Robert E. Fosnot, Director of Community Development Louis Brunini, Superintendent of Public Works Maurice Lafferty, Police Chief Stanford Lichlyter, Administrative Assistant Terry Condy, Minute Clerk III. APPROVAJ., ~.!n!m.~ MINutES NO. 370 - Chair noted a typographical correction. On motion of Littman, seconded by Ross, Minutes No. 370 were unanimously s.p~rcV'ed. IV. CONSENT ~.IJUH)4.R On motion of R08S, seconded by Littman, the Consent Calen~ar consistins of the follow- ing items was unanimously accepted: A. ~StlWCTION or RECORDS - Resolution No. . '99 B. POLICE DEPARTMENT QUARTERLY REPORT c. APPltOVING '!'HE COUNTY IEGUIATIONS FOR PRIVATI e~mR SY:T::~.s D. SIT PUBLIC HEARING FOB. NUISANCE ABATEMENT, 1655 H.~~:?. W;;S'r, J)g.l Bon hearing to be let for February 10, 1975. B. CASH PIDIl - 2nd Quarter r. COMPlAINT PROCEDURE AGAINST POLICE PERSONNi;L (Sta te re.quirements for official police complaint procedure) v · PUBLIC Otm~.!~Ol:l~_~~J1P_.~ill'!!.r::NTS 1<<)'1'O-C8.08S Marc Horwitz thanked the Council for giving permission to hold the MOta-Crol' race on Sunday, January 26, 1975. He requested Council's cOflGid'3ration of holdlq similar races in the future. The Chair directed that staff coo::d1.no.te future plane with the P & a Coaa1ssion, and a180 research the City's liability ine~_\ra~ce and that provided by the sponsors. ABlG Council_n aoss asked if any other Councilmen planned to attend ABAG'., General Assem- bly on February 20th at the Ban Francisco Hilton. Mayor Aramburu and Councilmen R08S 4nd Ellman planned to attend. In response to a question from Mr. Nat Marans, the Council explained that the City is a dues-payina member of the Association of Bay Area Gov~rnments but they have no power over local jurisdictions other than their comments regarding fundina for federal projects. 1. .H\l\IN TRANSIT MEASURE '~" ACTION: Co~~cil Endorsement Mr. Thomss &Obertsqn)representing Marin Citizens for Loc~l Tr~nsit, requested Council's endorsement of Marin Transit Measure '~rt, which would 1~crease the ~rin County Tran- sit District tax rate bYua8~ tu~~6~ide. ~..i. .~I'-J-___. E~_ lkrl... I up to O~ to provide a more comprehensive bus system for Marino In ..aponse to a question from Littman, Mr. Roberts responced that there would be no increased bus service for approximately l2-18 months because it would take that long to order additional buses and put them into operation. CITY COUNCIL MINUTES NO. 371 JANUARY 27, 1975 Page 1 After further discussion, on motion of Aramburu, seconded by Littman that the Council approve a resolution which would state that they were supportive of Measure A; that they were desirous of improving the local service on the Tiburon peninsula, and that in no event will local residents tolerate any lessening of bus service presently provided the Tiburon peninsula. Question was called and the motion unanimously passed. 2. )ARIN COUNTY FA IR FOR 1976 Mr. Alex Coutts, City Coordinator, l~rin County Bicentennial Commission, addressed the Council. He stated the three main them3Po of the Fair wculd be Heritage 1976, Festival U.S.A. and Horizons 1976. The Fair was scheduled for five days, July 1 through 5, 1976. Tiburon was scheduled to present its project on the Jrd day along with Belvedere, Sausalito and Mill Valley. The deadline for submittiOI proposed project information to the Co~itt~e was February l2th. The Committee would then seek funding from the Board of Supervisors to help support the City's projects. VI. REPORTS 237! CHAIRMEN OF COMMISSIONS, BOARDS AND COMNITTEES 3. BELVEDEU/TIBURON JOINT RECREATIONAL ENTITY (P & R Commission Resolution urging formation of a formal entity charged with P & R programs for residents of the entire peninsula). ACTION: Approved drafting a Joint Powers Agreement The P & R Resolution requected the formation of a joint recreational entity with the City of Belvedere to be charged with Parks & Recreational Programs intended mainly for Peninsula reeio~nts, Th~ Resolution proposed that the Child Care Center be sponsored by ttis joi~t ~ntity. The City Manager stat~d that the City of Belved9re supports this idea and suggested that a Joint Powers .Agreemellt be drafted to create this Authority. After discussion, the Council agreed th.'3.t a ScLri.t Powers Agreem?tlt creating a Joint Authority to handle recreational activities for the Ti.0uron peninsula be drafted; they endorsed the Child Care Center as its f"'7:St project; that futu:::e p:':'ojects would be referred to the Authority by the joint C:.ty Counci.J.fJ; that future projects should be self-sus- taining and that me~b~:;:s of the Authori ty '~lO...11d be tl~ ~'ointej by and be responsible to the City Co~ncils of bot: ~~tiGs. PARKS & RECRFATION GHAI~~1AN ~:BrQ~.I Chairman Don Pickett !.'f:fcrrnd to tLa fOUl: P & R i terns o~! this evening' s agenda: Tiburon Boulev~rd E1R; crea~i.o~ of a joint recre~~io~~1 entity to sponsor the Child Care Center as its first pr'oj~'ct; Hoitoz,l.1, La~~.4) i~prc.v~uer..ts. He stated that the P & R consideration atAd reCOt:rf,1cndationc for the DoW'1town Plall would be considered a t the next Planning Cc.:n::1isS.~::':'l meeting. In regard to the Land & Water Conservation funds for improvements on the waterfront path, the P & R Commission h~d recommended the present path be extended to ten feet and a jogging and/or ~~a.lking path of four feet in Width be installed by using de- composed granite. The Commission was also considering future plans for steps down to the water and improvecents of tl:e lineal path. Benches for the area had been referred to the Board of D~sign Re.view. Th~ mul tf-use path stencil had been in- stalled on the path. The tennis court wind screens were installe.d. Basketball program has started. Plans for the spring clean-up 1;.:9re in progress. A slight reduction in the scope of work for the Belveron Mini-Park had been agreed upon. The Walks & Talks Se~ies had started. The MOto-Cross was successful. The Commission was working on a Co~unity Vegeteble Garden; beautification program; the Richardson Bay Park Master Pl~~n an1 special events such as Ayala Day.. Littman stated he had discussed with a member of the Chamber of Commerce, the possibility of raising 1/3 of the amount needed to build a soccer field if the Council could agree to fundi~g the rest of the expense. Littman requested for- mation of a Committee to purDue t~io idea. The Ch~ir ap?ointed Councilman Littman as the temporary Ch~i:::n~:J. of a cor..r.:~itte~ to pursue rei.sing funds for the purpose of building a soc~er fiold i~ time for tt~ next soccar season. Littman requested interested citizens to contact him end asked the ~reSB to note this Committee had been formed. It was C',lso n.oted th::.t any doneticll towards the construction of the soccer field would be tax ded'i_\ctihle. 1'ayer and the Chair complime:lted th~ ['ul)lic Works Dep111~trnent for maintenance of the Multi-Use Path. The Chair directed that a lett~r of app=~~iation be sent to Kevin O'Farrell who had volunteered his tim~ tn d.t~3ign ths stemcil for t:~e H-:J.lti-Use Path. CITY CO':JNG:tL l1IHUTGS NO.. 37l JANUlRY 27, 1975 Page 2 VII. OLD BUSINESS 4. TIBURON BOULEVARD RFAI. IGNMENT PROJECT (Project status and consideration of P & R Resolution regarding project EIR) ACTION: Requested EIR by Call Trans The Chair noted that the Council had received letters which were in favor and opposed to the proposed realignment. The Council had requested comments from CAL/TRANS and the City Attorney regarding the recent court decision in the NO Oil Inc. vs. City of Los Angeles case. The City Manager stated that C~L/TRANS, which stated that they still felt the Negative Declaration was proper and a valid document, however, their legal staff had not had time to respond to the No Oil Inc. V3. City of Los Angeles decision. The City Manager stated that if Council decided to request an EIR, that it be determined if there was snfficient time for 0;1.8 to be. p~:c.pared without jeopar- dizing funding for the project. Don Batten, President of the nelveron Homaowners' Association, urged the Council to proceed with tae proposed realignment of Tiburon Doulevard at Trestle Glen and emphasized the hazardous situation that exists in this area. He presented the Council with a Resolution of the Board members of the Association supporting the present propose;) route of the realignment. He also presented a petition signed by over 200 residents of the area which also s~pported the proposed re- alignment. Rampton Harvey expressed his support of Resolution No. 680 with the exception of the condition which referr~d to retaining th3 eucalyptus trees near Stewart Drive. He considered them dangerous an~ felt thz] should not be retained as a condition of the realign~ent. Mro Harvey believed the engineering criteria and safety cri- teria was sound. However, he didn't b~lieve the average citizen was qualified to respond to engineering data and thought that 2~ EIP. ~c~ld answer a lot of questions. It would a~dress safety conditions and alternative alignments and he believed the community was entitled to an EIRo Eiler Foss expressed co~cern about safety in the area~ Eo c~ggested that the Council direct the City Engineer to provide fo:' temporary s~fety solutions such as markers and striping. He s ta te.d the concerj,lS of the Park Boulevard Committee were: safety, s[;.ving Blackic's P&3ture :.nd insur:ing t1~3.t the four lanes would not be extended past Stel:~r.t D~iv9. John Mueller suggested Conr;.cil consider that no more funds be expended on the proposed project for pl~ns and specifications if in ETI{ i8 sought and until the EIR is evaluated. The City Engineer noted corrections in the P & R Resolution. He stated the decision to file a Negative D~claration was b~sed on the advice of federal guide- lines. The only controve~sial factor would be the aoise level and a consultant was hired to evaluate thG noise level. The Concultan~ presented his findings at the City's public hearings. The Chair stated the City Engineer had jointly prepared the Negative Declaration with federal and state engineers for the lead agency CAL/T?~NS. The Chair affirmed the good job the City Engineer has done for the City and that as an employee he carries out the policy articulated by the City Council. P & R Chairman Pickett stated the intent of th~ir resolution was that the Council should reconside::: the validi ty 0;: the Fep:ative Declaration. After further dis- cussion, Tayer ::loved, seconded by Littcan "that in view of the recent court decision that has come to our attention, and our continuing desire to assure consideration of the en."::'ronmental concerns of the community in regard to the proposed realignment of the highway in the Blackie's Pasture area, that we re- quest CALITRANS to immediat~~.ly COtl1!i.~nce un EIR and ::urther request that CALI TRANS bear the cost of that report ~s the lead agency, and that the EIR be ob- tained with sufficient speed so that it does not delay the progress of the project, assuming the project is to go ahead. II ROGS moved, ceconded by Litbnan, that the motion be amended to iriclude Mrc Mueller's suggestiou that no more money be ex- pended until the EIR is reviewed 0 DiscuG3ion fcllo~~d regarding Council's authority to tell another ag~ncy how t8 spe~d their ~onp-y~ The Chair pointed out that there t;ere other negotiations taking place with CAL/TBANS such as their forwal aba.ndonr.-(~:1t of the four lane sho4'cline road and exchange and nego- CITY COUl~CIL MINUTES no" 371 JANUARY 27, 1975 Page 3 tiations for land annexation. There being no objections, the Chair withdrew the amendment to the motion. Eiler Foss suggested that the motion include consideration of viable alter- natives to the proposed alignment. The Chair stated that viable alternatives would be part of the EIR process. Question was called on the original motion and unanimously carried. RECESS The Chair declared a recess at 9:50 p.m., Council reconvening at 10:00 p.m., the roll standi~8 as originally noted. 5. 9ll EMERGENCY NUMBER (Approval of 911 system implementation plan for Milrin County) ACTION: Approved FILE NO. 5050.2 City Manager discussed the proposed plan. The Chief of Police supported the Plan, but urged loc~l residents to dial the Tiburon Police Department directly when feasible. On motion of Taycr, seconded by Littman, to approve the 9ll Plan was unani- mously carried. 6. HOUSING AND CONHillHTY DEVELOPMENT ACT ACTION: Approved application (Review of proposed Tiburon projects) as submitted to County FILE No. 3055.2c Councilman Ross, Tiburon's del.egate on the Priority Selection Committee, stated the Committee had est3blish~d the criteria upon which the projects will be judged. The comil:tm.ity projects would be judged on the basis of their direct benefi t to mode::".::: te i~lCOine housing or people in those areas. Councilman Roes expreznad coacern that some of the Cities had not prepared a survey of housiLg co~ditions ~hich had been a condition of application. He asked the City ~'~]n.;::.f~::;:: and Director of Community Development to find out why other citic~ had net prGpared this survey, Littman asked the Director to break down the Durvey bet'l:::'ecn T1.buron and Belvedere. Discussion continued regardin.g Tiburon's proposed projects; the Richardson Bay Li~eal Park 2.nd the :;:i1a::it,~ Park, and their use by residents of Belvedere and the unincorpor~t~j a~8as of the Tiburon peninsula. The Chair directed that staff coordinr.:.~d,.Jtlrd request ~'1ith the City of Belvedere and ask the City of Belvedere for their ~u?port of these two projects at their February 3rd Council Meeting. The Director requested a public hearing be set for the second meeting in March to p~rmit citizen input for the second and third year programs. Council agreed and suggested th~t tha Belvedere City Council be asked to attend and have it a joint meeting. The Chair directed the City Manager to write to the other City Managers and the County urging that they prepare the necessary background material needed to properly evaluate th9 proposed projects. On motion of Tayer, seconded by Ross, to approve the application as submitted to the County; set a public hearing at the second meeting in February; to request the Department of Community Development to prepare a plan for housing assistance and commu2ity clev~lopment for the second and third year applications for City Council approval. The Chair directed the City Manager to write to the other City Managers and the County and State that the City of Tiburon supports the criteria as established by the Comoittee, and the cities should provide the necessary back-up material for pro~~r evaluation of the projects. 7. HACIEN~ DRIVE UPGPADING - MOITOZA STEPS CONSTRUCTION (Council's approval of drawings and authorizatica for bids) ACTION: Drawings Approved, City Engineer to solicit bids The City Engineer presented the drawings for the Hacienda Drive upgrading and Moitoza Steps Construction to the City Council. The Chair noted that they had been approved by the Parks & RecreatiolL Commission and the Board of Design CITY COUNCIL MINUTES NO. 371 JANUARY 27, 1975 Page 4 Re~ew, and a Negative Declaration had been posted and filed for both pro- jects. After Council's revic~~, it was moved by Ross, seconded by Tayer, to approve cons~ruction drawings as presented by the City Engineer and authorize him to solicit bids. Question was called and the motion unanimously passed. 7a. SCHEDULE FOR S~QOIA PACIFI9 !:"INAL EIR REVIEW AND CERTIFICATION ACTION: Approved Schedule FILE NO. 3000.& After Council's review of the proposed schedule for review and certification of the Sequoia Pacific final EIR, it w~s moved by Ross, seconded by Tayer, to approve the schedul~. The Chair stated that the sch~dule represents a good faith effort on the part of the City Council to expeditiously have hearings to review this final EIR. The City Manager stated that ce and the Planning Depcrtment considered this schedule c~.~':~.ci;r' '; t~.:,,:r' ':n r.r:.~:'~'_ -: .;' the. I:IR. T;J.yr;;r (';};:prcssed bis hopes' that every possible effort should be made to follow the schedule in order that Certification of the EIR be L~de before sum~er vacations. Littman suggested the Chair discuss the schedule with th2 Chairman of the Planning Commission. The Director of COU1rrlunity Development noted that the Planning Commission would meet on Thursday, Jailua~y 3G~:h, and the schedule would be discussed at that time. Question was called OIl tl:~ r:loticn to approve the schedule and passed by a unani- mous vote. N~W BUSINESS 8. AMENDMENT TO ORDINAf:~~::: nq.: 149 N. S 0 REDUCING THE FEE FOR PRI~~ IE SETd.B]~.:1'S J2.L::~:t(:3.\IJ SYSTEMS _ OrdinE.nce, 1st rc~ding 7::11. ACTION: Ite. Tabled The City ~~~ager introduce.d the item and stated that the County had requested the City to reduce ita f0S to $20 to be uniform with the County's fee. The Director of Com:fi1.lni ty DGv~10pm8nt e:.:plained there had been no applications during the past ye8.!' fc:: p::ivn::e sewerage disposal systems, and it was the City's policy to di3cour~Ee private sewera6e systems. On motion of :;:,!ttman, 82c0r;,d~d by Res:), to table the ite:m was unanimously approved. 9. GEOLOGICAL HAZA~.DS M1\PP}T~~~ REPORT (Joint Powers ..\grccnien ~ wi tL MJxin County) ACTION: Approved The Director of ComLlr:"~!11. ty D'.:'v~lopmen: expl ained th~ s i ten was in the 1973-74 budget. The infonnatLn.... ~!3.S ~,3cded ::or the City to complete the seismic element of their Gener:::..l PL:n. On motion of Litt~an, seconded by Ross, to authorize execution of the joint povers agreemcat upon zdvicc o[ th~ City Manager after he verifies if a State or federal n~p is not al~eady available, W~s 1:~~ninously carried. l~;L,._ STAFF REPORTS lO. REPORT ON NUISANG.~ A:~~:JT~b~~1f - UNFENCED SWIMMING POOL, 123 Haci.cnt1.:~ Drive ACTION: REPORT ACCEPTED FILE NO. The report stated th&t the pool had been enclosed and the gate on the fence was secured. On motion of Littffian, 3ccondcd by Ross, the report was accepted by a unanimous vote. 11. 4th QUARTER REPORT PlANNING PROJECTS & ACTIVITIES ACTION: Report Accepted FILE 1\0. 3000 The Director of Co~munity DAvelopment reviewed his report and suggested that the City Couuc~l and Plan~ir.g Commission hold a joint meeting in the near future. l2. CITY MID-YEAR FINANCIAL .~PORT ACTION: Continued The Chair dir8~ted that acceptence of the Mid-Year Financial Report be continued CITY (:OUNGIL MIN!?:'."'ES NO. 31l JANUARY 27, 1975 Page 5 to the next meeting in order for the Council to study it in more detail. X. COMMUNICATIONS & CITY MANAGER ITEMS a. M\YORS & COUNCILMEN'S TAX EQUITY COMMITTEE (letter from Councilman Barnard, Mill valley) Council accepted letter without comment. b. ANGEL ISlAND FOUNDATION (letter from Howard Allen regarding Angel Island Foundation) The City Manager stated Anne Ellinwood had suggested it would be worthwhile for the City to request Assemblyman Wornum and Senator Behr to jointly sponsor a resolution which would indicate to the State Parks & Recreation Department that any activities in regard to Angel Island management planning, or release of the park to a federal agency be subject to the concurrence of the County and local jurisdiction. The Council discussed the item but did not take any action. XI. EXECUTIVE SESSION The Chair adjourned the meeting at 10:57 p.m. to Executive Session. XII. ADJOURNMENT There being no further business to come before the Council, the Chair declared the meeting adjourned at 11:15 to February lO, 1975. g;Lr~::a- R. L. Kleinert, City ager/Clerk APPROVED BY THE CITY COUNCIL ON: ~uary ~h : Jr"... ~:::, \ .J.;. ~' 'I ~~~Rft\~\.~-. , 1975 '-._~- Mayor of the City of Tiburon CITY COUNCIL MINUTES NO. 371 JANUARY 27, 1975 Page 6 CITY OF TIBURON CITY COUNCIL MEETING I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of Cali- fornia, was called to order by Mayor ArambulUat 7:45 P.M., February 10, 1975, in the City Hall Council Chambers. I I . ROLL CALL PRESENT: COUNCIL~mN: Ara~~uru, Ellman, Littman, Ross, Tayer (7:55 P.M.) EX OFFICIO: R. L. Kleinert, City f1anager Rich~rd H. Breiner, Deputy City Attorney Stanley Bala, City Enginear Louis Brunini, Superintendent of Public Works Maurice Lafferty, Police Chief Stanford Lichlyter, Administrative Assistant Phil Scott, Development Administrator K. Carole LaFollette, r1inute Clerk III. APPROVAL OF MINUTES MINUTES NO. 371 - Mr. Kleinert changed Resolution number 687 to Number 699 under A. of the Consent Calendar. Under Public Questions and Comments, #1 Marin Transit Measure "A", the Chair corrected "Mr. Thomas Roberts" to "Mr. Thomas Robertson," corrected the line, It. . . which would increase the Marin County Transit District tax rate by 20~ to provide a basic bus system for .Marin." to " ....which would increa3e the Marin County Transit District tax rate by up to 20C to provide u. more comprehensive bus system for Marin. II On Page 4, Item 0, 3rd paragraph, 4th line, Chair added the word "the" before "fund request." On motion of Ellman, seconded by Ross, Minute3 No. 371 were unanimously approved as amended. IV. CONSFd\:'r CALEi.r'''AR On recommendation of City Manager, R. L. ~~leinert, Item 11 of the agenda, APPLICATION FOR ALCOHOLIC BEVERACE LICENSE (Off premise - Tiburon Cheese Co., Jack Garcia, Owner, 110 Main Stre~t) was moved to the Consent Calendar with no opposition. On motion of Ross, seconded by Ellman, the Consent Calendar consisting of the following items was unanimously accepted: 1. CITY ENGINEER'S REQUEST FOR CHANGES IN CITY OF TIBURON STANDARD SPECIFICATIONS 2. TAX EQUITY COMMITTEE OF MARIN MAYOPS AND COUNCILMEN (Adopted Resolution No. 701) 3. BELVEDERE/TIBURON JOINT RECREATIONAL AUTHORITY 11. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE (as noted above) V. PUBLIC QUESTIONS AND CO~~~ENTS BUILDING CODE AND ZONING VIOLATIONS ACTION: ADOPTED RESOLUTION NO.702 Mr. Elmo DeMartini, President of the Lyford's Cove Property Owners Asso- ciation, requested City Manager Kleinert to read his letter regardinq multiple family dwellings vs. single family dwellings. The letter raised two questions: 1. the question of tax inequities and 2. non-conforming structures, and proposed a resolution urging the Board of Supervisors to re-evaluate property taxed according to its market value. CITY COUNCIL, Mli'1UTES NO. 372 February 10, 1975 Page 1 Councilman Ellman suggested going to the League of California Cities for help in this problem. He felt the problem was very, complex and could involve many months of study on the part of 10 or 15 people. Councilman Littman commented that the assessors were now taxing paper inflationary values before they are realized. On motion of Ross, and seconded by Littman, the proposed resolution as submitted by Staff was amended to read: nAND BE IT FURTHER RESOLVED that the Tiburon City Council endorses an assessment method which would defer taxes on "paper" appreciation until actual transfer of title." Mr. DeMartini suggested rewording the amendment to the resolution to reflect the inequities existent now in the assessment in this area. In response to the question of what could be done specifically with this year's taxes, Mr. Victor Banks requested the City take a look at existing zoning ordinances and perhaps change them to reflect the use of the property. Councilman Littman moved that the Mayor write a letter addressed to the Board of Supervisors and the Assessors on behalf of the Council and all the citizens of Tiburon requesting the following: 1. That no increase in assessment be based on any sales of any property in Tiburon without first inquiring of the City whether the particular piece of property is in compliance with the zoning of the City of Tiburoni and 2. Board of Supervisors and Assessor report to the City of Tiburon as to all formulas and percentages that apply in each and every district of the County, concerning the manner in which they arrive at property value. I Motion passed unanimously. Mr. Marans suggested that since the City is aware of the existence of illegal apartment units, the City Council should recognize and legal- ize them, rezone the area and put everything above board. Mrs. Lichtenberg commented that the State Assessor will be visiting Marin County within the next three months to investigate the very matter at hand, and urged the letter be sent as soon as possible. The City Manager, R. L. Kleinert, reported that violations have been brought to the City's attention. However, in respect of the property owner, the information must be substantiated by inspection of the premises (following a 24 hour notice). The time lag would allow for some changes to be made before the actual inspection. He stated the City has not done all it can in seeking the violators of the ordinance, and that correction of the illegalities would require the City Council's support in taking the cases to court. Mayor Aramburu stated there appeared to be enough public demand for inspections, and that if Council came up with a plan, and staff came up with a list, proper legal action could be sought. Councilman Tayer strongly expressed his feelings that the violations should be corrected. He stated that the illegal structures raised the property values (on paper) and caused higher taxes. He further stated he felt the City Manager should be instructed to take all appropriate steps to implement action against those properties found to be in violation of zoning ordinances. CITY COUNCIL MINUTES NO. 372 February 10, 1975 Page 2 It was moved by Littman and seconded by Ross that owners of the houses shown on the City Manager's Report to be in violation of the zoning ordinance, should report to the City Manager as to why a hearing should not be heard to declare their property a public nuisance. Councilman Tayer suggested taking the most immediate action with those properties most blatantly in violation of the zoning ordinance. Suggestions for seeking the violators included use of realtor's multiple listings, mail survey, postal delivery address directories. Louise Mirata expressed her opinion that without enforcement of the City's zoning ordinances, taxes will go up again. The motion passed unanimously. DRAINAGE Mrs. Della Figari, member of the Hawthorne Terrace Homeowners Associa- tion, requested the City not to pass any more ordinances until their files are more complete with maps and studies still on file with the County. She expressed her feelings that the City is working under a handicap without more complete information. Mrs. Figari requested that Mr. Knudsen be hired by the City and the City of Tiburon pay for all materials to bring their files up to date. LETTER OF COMMENDATION Mayor Aramburu read the draft of a letter of commendation proposed by Police Chief Lafferty to be directed to Susan Lynn Peterson, 17, and Marie Haycox, 14, for their efforts in pulling Ms. Sylvia Voglin.. from her automobile when it overturned on Tiburon Blvd. A Certificate of Appreciation will be enclosed with the letter. RECESS The Chair declared a recess at 9:30 p.m., Council reconvening at 9:45 p.m., the roll standing as originally noted. VI. REPORTS BY CHAI RMEN OF COMMISSIONS, BOARDS & COMMITTEES SUPERINTENDENT OF PUBLIC WORKS Lou Brunini, Supt. of Public Works, reported on how the City of Tiburon fared during the recent rains. He stated that Pine Terrace has been repaired; the road was closed on Paradise Drive for a couple of hours to repair where a bank had slid; Hilary Drive was impassable in the 700 block due to a drainage facility that was not working. Mr. Brunini said the City's hands are tied to go into private property, and until the problem is resolved, the same thing will occur with every rain we have. In addition, Mr. Brunini reported that the drainage pump behind Safeway is broken. Mayor Aramburu requested Mr. Brunini to come back to Council with an estimate for getting the pump repaired. Councilman Littman asked specifically about the drainage problem on the street where Chief Buscher lives, and expressed his feelings that it seemed unfair for Chief Buscher to have to bear the costs of repairing the damage. Stan Bala, City Engineer, reminded the City Council that the problem of Chief Buscher is not isolated, and reiterated the situation of the County not accepting the drainage easements as offered by the subdividers at that time. He said that now developers must provide permanent drainage facilitieso Mr. Bala posed the question to the City Council as to what should be done with the existing sub-standard easements. CITY COUNCIL MINUTES NO. 372 February 10, 1975 Page 3 Councilman Ellman suggested the City work out an arrangement similar to the one worked out with Pine Terrace, and Mayor Aramburu asked the staff to explore the suggestion to see how it could be done and what the cost would be. Former Mayor Branwell Fanning expressed his opinion that the entire city should not have to bear the cost of improving the areas that are experiencing trouble. He suggested the areas form a district and pay for the improvements themselves. 4. PLANNING COr.1MISSION CHAIHMAN REPORT Planning Commission Chairman Robert lvayne presented the annual report, noting that on page 12, the figure should read 102, not 120 units. On motion of Ellman, and seconded by Ross, the acceptance of the Planning Commission Annual Report was unanimous. The Planning Commission Chairman expressed his feelings that the work- ings of the Design Review Board and the Board of Adjustments have some technical problems that the Planning Commission has no control over. He explained that since the positions on these boards are appointed by the City Council, applicants must come to the Council for appeal, and it is out of the hands of the Planning Commissioners. He reported that the Planning Commission is trying to come up with some techniques where- by the Planning Commission can play a larger part in situations that have gone to either the Design Review Board or the Board of Adjustments. Councilman Littman suggested that the Planning Commission take juris~ diction over single-family residents, and leave the rest to the other boards. Councilman Ross pointed out that with the review of the General Plan, an EIR will have to be filed. He suggested that all data be gathered and then incorporated into one EIR, as proposed by Director of Community Development, Robert E. Fosnot. VII. PUBLIC HEARINGS 5. NUISANCE ABATEr~NT-1655 Mar t~est, Dal Bon (Removal of Inoperable vehicle and debris) ACTION: Adopted Resolution No. 703 City Hanager Kleinert reported the car has been moved but". still remains on the Dal Bon property. He requested the City Council adopt the reso- lution declaring a public nuisance and ordering its abatement. Brian Denton, who lives at 1661 ~lar West, stated that he wrote the City Manager, requesting a one-way parking or no parking sign be placed along Mar West by the Dal Bon property which would not only eliminate the nuisance but also the traffic problem in that area. He also suggested that since the vehicle was removed to a City street easement, the City would have some power over that. Mayor Aramburu said the Traffic Safety Committee can consider the suggestion for the no parking sign. ~1r. John Grbac, 131 Esperanza, inquired as to why nothing has been done about the rock Dal Bon hauled in and placed in the street easement, thereby re-routing the drainage. Supt. of Public Narks Brunini answered he felt the fill would be useful when the path goes through. Councilman Littman, in response to further discussion by Denton about the junk and debris strewn around the Dal Bon property, suggested the resolution be broadened to include the additional debris. / ./' CITY COUNCIL HINUTES NO. 372 February 10, 1975 Page 4 The resolution was amended to read in Paragraph 2: '~EREAS: it has been found that an abandoned vehicle and miscellaneous clutter, tacluding old automobile tires..." and: "NOW, TIIEREFORE, BE IT RESOLVED: That the City Council of the City of Tiburon finds and does declare that the accumulation of an abandoned vehicle and miscellaneous clutter on that certain property located adjacent to l655 Mar West Street,..." On motion of Ross, and seconded by Tayer, the resolution was unanimously approved as amended. VIII. OLD BUSINESS 6. JlARIN COUNTY FAIR 1976 ACTION: Approved Reques t Mrs. Eugenia Marans, Tiburon representative working with the Bicentennial Comm- ission, explained that the sub~itted list of ideas was not a commitment of any kind for Tiburon, that it only allowed the Arts Com~ission to see what each city has in mind. She further explained that if some federal funding is made available to Tiburon the plan can be altered to fit the existing available funds. Discussion of the list of project ideas followed with Mrs. Marans suggesting two films which had been made here in Tiburon--one starring Rudolph Valentino, and the other with Zazu Pitts and Slim Summerville. Councilman Littman suggested something from during the days of ~rohibition when Tiburon was known as a boot- legger's cove. Other ideas included a ferry boat model, which_as on display at Old St. Hilary's (Ellman); a ferry lift hoist display, with the possibility of asking Sierra Pacific Railroad to help (layer). On motion of Tayer and seconded by Littman, the Council passed unanimously the approval of the list of requests for purposes of getting federal funding. IX. NEW BUSINESS 7. MAIN S'IREET LIGHTING IMPROVEMENTS (Main St. between City Hall & Ark Row) ACTION: Referred to Design Review City Manager Kleinert reported the matter has been referred to the Design Review 80ard and requested the matter be continued. 8. GENERAL PIAN POLICIES ACTION: Report Received On request of Council, the staff's compiled list of General Plan policy state- ments was presented by City Manager Kleinert~ To clarify, Councilman Tayer raised the question, '~as the intention here to incorporate something that has been adopted with something that is expected to be adopted?" Planning Commission Chairman Wayne responded by saying the report would assist in the preparation of the General Plan, and planning in general. Councilman Littman suggested a differentiation be noted between existing policies and proposed policies, with a notation of who made them. The Mayor ~irected staff to identify the lists in time for the February 19 Joint MeetiDg with the Planning Commission. On motion of Littman and seconded by Ross, the report was received by Council~ 9. ONE FOOT ACCESS STRIP ON ROUND HILL ROAD ACTION: ADOPTED RES. 704 & 705 In reference to the two encroachment permits received by Mr. Flanagan from the City of Tiburon, it was moved by Littman and seconded by Ellman that all encroachment permits be brought before City Council. The motion passed unani- mously. Deputy City Attorney Breiner commented on the mistakes made by the County with subdivisions prior to Tiburon becoming a City, which has created serious planni.g problems for Tiburon. He stated the subdivision in which Mr. Flanagan's property is located was an illegal subdivision in the first place and has been compounded by subdivision after subdivision. He recommended that the City ask Mr. Flana- gan to deed the one-foct easement to protect the City from other subdivisiana. Councilman Littman questioned the legality of the City's request, and Deputy City Attorney Breiner stated it was a legal action on the part of the City to control access. Mr. Flanagan expressed his feelings that after three years of filings and plan submittals for his house, it was late for the City to withhold his permit over the easement and non-access strip situation. Mayor Aramburu explained that the CITY COL~CIL MINUTES NO. 372 February lO, 1975 Page 5 the City has not yet finalized their resolutions and must keep the options open for protection. On motion of Littman and seconded by Tayer, the recommendations as outlined by the Director of Community Development and the City Engineer, were passed unani- mously in a roll call vote: 1. That Mr. Flanagan deeds a one (1) foot access strip from the end of Round Hill Road along the center line of Round Hill Road to Hacienda Drive; and 2. That Mr. Flanagan convey a dedication of a twelve (l2) foot easement from the center line of Round Hill Road for future street improvements at the time Round Hill Road is extended to provide access to other parcel in question along the Tiburon Ridge. (See addendum on Page ~) 10. TREE ORDINANCE AMENDMENTS ACTION: Tabled for review. City Manager Kleinert reported that the feeling of some of the representatives of the Tiburon Homeowners' Association was that the Tree Committee function should be taken out of official hands and placed with people who would be more familiar with the problem. The Tree Committee could then have the Planning Commission as the official hearing body. Former Mayor Branwell Fanning outlined his argument against the proposal to change the composition of the committee and the hearing body, stating the diffi- culty in determining who is going to pay for the removal of trees or branches, and who makes the decisions. Councilman layer commented on the ineffectiveness of any ordiance that is not enforced. He expressed his feelings that the existing Tree Ordinance was equitable and that he heard no explanation of why it should be changed. On motion of Tayer and seconded by Littman, the decision to table the proposed amendments passed unanimously. Mayor Aramburu suggested t~at the items which have been tabled, be reviewed, and reminded Council that in order to consider them in the future, one of the Councilmen must so request. x. ------ STA~'F REPORTS l2. CITY MID-YFAR FINANCIAL REPORT ACTION: Report accepted. On motion of Ellman, seconded by Ross, report was accepted by a unanimous vote. In addition to figures, there was a $30,840 storm damage reimbursement that was not shown and a land and water ~se grant approved of $20,400, according to Stanford Lichlyter, Administrative Assistant. He stated the latter would be used to work on the multi-~8e path. Esperanza Lane: MOney for Esperanza Lane was budgeted but there was a problem concerning the title of the property. No easement has been given by Mr. Bach- ellor or the current owner. A portion of the monies budgeted for Esperanza has been utilized for Moitoza Lane improvements. It was learned from Mr. Bala, City Engineer, that Esperanza Lane improvements are estimated at $15,200 for an asphalt path. He stated that a gravel path would cost approxiKately $~,200. Mayor Aramburu suggested the Park and R.ecreation Committee be contacted to study it and recomended that the City proceed as long as it remains low-Rey. liebardson Bay Lineal Fark: It was reported by Stan Lichlyter that matching funds of $20400 has been approved for use in the Richardson Bay Lineal Park. Council- man Tayer requested that no money be spent on the proposed project until approved by Council. Mayor Aramburu requested this matter be put on the agenda for the next meeting. \. On motion of Ross and seconded by Ellman, the request for Council to authorize acceptance of the funds, passed unanimuusly. CITY COUNCIL MINUTES NO. 372 February 10, 1975 Page 6 ADDENDUM - ITEM 9 ONE FOOT ACCESS STRIP ON ROUND HILL ROAD P'IANlGf\N DEDICATION ACTION: !ADOPTBD RESOLUTION NOS. 704 & 70S DeputJ City Atto~y Breiner requested the City Council to adopt two resolutions accepting the Grant Deed and Offer fer Dedication which will be submitted by Mr. Flanagan to the City, and authorizing their recordation. The City Council unanimously adopted Resolution Nos. 704 and 705. XI. COMMUNICATIONS & CITY K\NAGIR ITBHS A. RUSD LETTER FROM R. GIOVANNIELLO Councilman Littman requested the letter be put on the rebcuary 24th Agenda. XII. EXECUTIVE SESSION Tbe Chair adjourned the meeting at 11:57 p.m. to Executive Session. XIII. ADJOURNMENT There being no further business to come before the Council, the Chair declared the meeting adjourned at l2:l8 a.m.,' February 11, 1975, to February 24, 1975. APPROVED BY THE CITY COUNCIL ON: 24 , 1975 ~".._ .1. (\\"11'.... ~,. ALBERT ABA~URU Mayor of the City of Tiburon CITY COUNCIL MINUTES NO. 37! February 10, 1975 Page 7 CORRECTED CITY OF TIBURON CITY COUNCIL MEETING I. CAI/L TO ORDER The regular meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Aramburu at 7:45 p.m., Februaryf24, 1975, in the City Hall Council Chambers. II. ROLL CALL PRESENT: ABSENT: COUNCIumN: COUNC II.MEN : Aramburu, Ellm~n, tayer Litt!!1ai.l, R03S EX OFFICIO: R. L. Kleinert, City Manager Robert Conn, City Attorney Stanley Eala, City Engineer Robert Fosnot, Director of Community Development Stanford Lichlyter, AdminiDtrative Assistant Louis Brunini, Superintendent of Public Works K. Carole laFollette, Minute Clerk III. APPROVAL OF MINU'IES MINUTES NO. 372 -- Under Old Business, Page 5, Marin County Fair 1976, Paragraph 2, Line 5, Councilman Ellman changed.. ''which is on display...1f to tI.. .which was on display..." On motion of Ellman, seconded by Tayer, Minutes No. 372 were unanimously approved as corrected. IV · CONSENT CALENMR On recommendation of the Administrative Assistant, Item 2 (Park Benches) of the Agenda was re.moved from the Consent Calendar and heard with Item 9; (Richardson BayiMulti-Use Path Expansion. Lichlyter requested that the reduced scope of work on Belveron Mini-Park be con- sidered by Council et this timz. The City Engineer and Contractor have mutually agreed to contract changes bri~g~.ng the project cost within the amount directed by Council. The bid for Moitoza Lane (73F14) l:as award~d to MIchael Goldman -_ amount: $7,S6S. The bid for Hacienda Drive Upgrading (75G21) was awarded to Ghilotti Bros.-- amount: $17,479.00. The funds approvad for the Belveron Mini-Park (73G33) were $30,200.00. City Manager Robert Kleinert, recomoended Item 5 of the agenda be removed from the Consent Calendar to be heard at t~e March 10th meeting of the Council. Louis Brunlni, Superintendent of Public Works, noted a change in Item 6 on tbe Consent Calendar (Encroachment Permit for Sewer Installation in Public Right-of- Way). The Permits T49l and Tl!.92 were not included as the City cannot go through private property and open land. T493 on Round Hill Road was tbe--only--pend-t-tppl-f.- ~~~~~_d~d. approved On motion of Ellman and seconded by Tayer, the consent calendar consisting of the following items was unanimously accepted as aoended: (1) APPROVAL OF BIDS AND AWARD OF CONTRACT (Moitoza Lane, Hacienda Drive Up_ grading and Belveron Mini-Park) (3) Red Cross Month (Resolution adopted) (4) Establishing Passbook Account at Crocker Bank (6) Encroachment Permit for Sewer Installation in Public Right-of-Way (Property located at Round Hill Road) (7) Cash Flow (8) Development Administrator's Report (January, 1975) v. PUBLIC QUESTIONS AND COMMENTS K\RIN COUNTY FAIR 1976 Mrs. Eugenia Marans, Tiburon representative, presented an idea to Council for con- Sideration. The Golden Hinde, to be moored in San Francisco, will be available in April, 1975, as a site for parties. The Landmarks Society wants to have a party on it here in Tiburon (th~r.e would be a charge to attend). Mrs. MBrans suggested that Mayor Aramburu contact ~x. Blum by letter requesting the Golden Binde be sailed to Tiburon during the week for the party. She felt it would be the City's entry into the Bicentenni.al in conjunction with the Landmarks Society. Mayor Aram- CrT! COU'NCI1 ~~!UT2S NO. 373 February 24, 1975 Page I buru offered to write Mr. Ellidge personally to make the request. Elmo De Martini advised the Council that the Corinthian yacht Club has approached Washington D. C. to have an American Challenge Race here. He said they have also approached the Australian group who has shown an interest. The chair recommended Mr. De Martini coordinate with Mrs. Marans any activities pertaining to the Bicen- tennial celebration. I.-J. STORY ON DOWNTOWN PLAN Mayor Aramburu discussed the matter of the Sequoia Pacific Plan story on page 1 of the Independent Journal where facts were incorrect and distorted. A letter to the Editor will be sent to express the displeasure of the City toward such careless journalism. Councilman ]ayer expressed his feelings that it was a rude shock to learn that there was some decision made on some aspects of the Downtown Plan before the City Councilor Planning Commission had acted upon it. VII. OLD BUSINESS lO. ZONING VIOLATIONS (Proposed enforcement program recommended by staff for Council's Review and consideration). ACTION: Approved general pro- cedure as outlined. Because there was a large group of interested citizens present, Mayor Aramburu moved this item of business up on the calendar for an early discussion. City Manager Kleinert presented the staff's proposal to deal with the illegal un1~s: l. Identify the unit. Existence of such units would be brought to the attention of the City Staff. 2. Contact the owner by letter stating the City believes there is an illegal unit and ask him to contact the office to inform them of his understanding of the matter. 3. If no response from the owner of the alleged illegal units, a follow-up letter reminding him of the provisions of the zoning ordinance and the construction codes will be sent by certified mail to request a response. 4. If still no answer from the owner of the alleged illegal units, the matter will be sent to City Council asking that they set a date for a Hearing to Show Cause as to why the presumed unauthorized dwelling unit should not be found to be a public nuisance and abated. The two sample letters were read by Mayor Aramburu. Councilman George Ellman sugges- ted modifications to the letters which were noted. Mayor Aramburu commented on efforts to get moderate priced housing in Tiburon and said that Planning Commissioner Edelstein has outlined some ideas for moderate priced housing units. He stated he would be in favor of some legal type moderate housing and suggested the Council send someone to represent Tiburon at the League of California Cities meeting. The meeting will include Senator Tunney and Senator Cranston and will provide a good opportunity for the representative to deal with questions that affect the whole Ccunty. It was the chair's opinion that sending a representative to a meeting of this type would be a good way for Tiburon to keep up on what is happening politically in the state. Councilman Ellman inquired as to the cost of such a program and the City Manager reported that it has not as yet been analyzed from a cost standpoint, but Chere ~11 be considerable staff costs. Ellman asked the City Manager to keep track of the costs and report in six months or so. Councilman Tayer suggested including a copy of the first letter with the certified letter when it is sent. Mrs. Price expressed her opinion that compared with San Rafael, the Tiburon Building Inspector had fallen down on the job. Mr. Brill reported that he knows of one case where seven individuals are living in and sharing the expenses of running the house, paying the mortgage, etc., and said it was in violation. The mayor suggested counting the number of vehicles parked in front was a way to check on it, and asked that the complaint be addressed to the City Manager. Bob Figari asked how much time would lapse between the letters and the action taken if there was no response from the owner. The City Manager answered there was two CITY COUNCIL MINUTES NO. 373 February 24, 1975 Page 2 weeks between the first and second letters and another two weeks between the second letter and bringing it before Council. Mr. Trummer asked if there was anything written in the ordinance saying how to handle such illegal dwelling units. City Attorney Conn stated the City has to first hear of the violation, and the time factor was "reasonable." On motion of tayer and seconded by Ellman, the recommendation to approve the general procedure as outlined by the City Manager in pursuance of efforts to enforce the existing City Ordinance was unanimously passed. IX. S'D\.FF REPORTS 16. LIABILITY INSURANCE FOR MOTO-CROSS AND RElATED EVENTS ACTION: Continued to next meeting In the interest of citizens present in the audience, this item was moved up on the agenda to an earlier time. Administrative Assistant Lichlyter presented the staff report, stating the issue before Council was whether or not the City should permit Moto-Cross activities to take place at Blackie's Pasture. He reported that the insurance agent advised the City that there is a continuing hazard in that the course is not policed or maintained between races, and the City would be liable for any accidents that might occur. Councilman Tayer stated that the insurance acquired for the recently held moto- cross covered losses sustained only during that race and that the type of insurance needed would hold the City harmless at all times, as young people would be tempted to practice on the course during the week between races. Administrative Assistant Lichlyter said in view of the one day cost of insurance, the increased premium would be very high. *rc Horwitz reported that the course created for the race had washed out and the kids had improvised their own course, which ends directly at the bike path. He said he proposed to build a course that is reasonably safe--a planned course. The improvised course has jumps in it that are far more dangerous than the ones in the race. Councilman 1ayer asked if the City was responsible for liability and the City Attorney answered that if the City creates an attractive nuisance, it should be responsible for it. He added it would depend on what the land is. He said Open Space offers no liability, but here (Blackie's Pasture) the City might get into the attractive nuisance problem, therefore being liable. If someone got hurt and the City was sued, it would raise the insurance rates for the City~ Mayor Aramburu said that efforts are being considered by the Parks & Recreation Commission to keep moto-cross as an ongoing activity and suggested that perhaps some of their funds could be expended towa~d the insurance problem. He expressed his feeling that the matter needed more research before it could be voted on. The Mayor expressed his desire to see a formal staff report on the subject and the City Manager said it would be prepared by the March lOth meeting. The question of holding another race in the near future was raised. Marc Horwitz announced a sponsor, the Bicycle Co-op in Marin County, was willing to cover the insurance on that day. Councilman Ellman expressed his opinion that the City is asking for a lot of grief until it is willing to put in playa program that is designed to allow use of the course at any time without liability. Suggestions of placing signs were con- sidered to be of no value in this situation. Councilman Tayer pointed out that one race was allowed on an experimental basis and the allowance of any more races would bring the City that much closer to having provided an attractive nuisance. It was his feeling that the City should not allow another race until the matter of liability was cleared up." The Mayor requested additional input and added that the Council would act on it at the March lOth meeting with this additional input. The matter was continued until next Council meeting. CITY COUNCIL MINUTES NO. 373 February 24, 1975 Page 3 RECESS The Chair declared a recess at 9:10 p.m., Council reconvening at 9:22 p.m., the roll standing as originally noted. PUBLIC QUESTIONS AND COr~NTS~ JOINT POWERS Ted Kreines brought up the matter of joining with the County in researching the impact of traffic on Tiburon Boulevard in conjunction with the Seqooia Pacific Downtown Plan. The Mlyor requested a status report from the Director of Community Development on the proposed Comprehensive Traffic Study to be presented at the next Council Meeting. VII. OLD BUSINESS 11. ESTABLISHING DBAINAGE FEES FOR 'l1iE BELVERON, MIRA FLORES, AND ROCK HILL WATERSHEDS. ACTION: M\ TTER SCHEDULED FOR DISCUSSION. Mayor Aramburu asked about a coordinated program for the City Engineer in regard to the drainage fees question. He stated that the Council has passed an ordi- nance for the Little Reed area and now were being asked to pass this new ordi- nance. He requested that a coordinated program be presented at the next Council meeting in regard to funding for total improvements of all basins and some guides about the types of approval Mr. Bala is requesting. City Engineer Dala stated that it was a matter of policy. Mrs. Della Figari asked if the property owners could have some information to study. Mayor Aramburu responded that they received a copy of the ordinance that evening and that the agenda could be picked up at City Hall before it is dis- cussed at Council. Mrs. Figari requested to know what Mr. Bala would bepre8enting~ Mayor Aramburu stated the matter was scheduled for discussion. V · REPORTS BY CPA IRMEN OF COMMISSIONS. BOARDS & COMMIT'IEES 9. RICHARDSON BAY MULTI-USE PAm EXPANSIO!'l ACTION: Continued. As presented by Administrative Assistant Lichlyter, the proposed multi-use path expansion would start at the pumping station near the Belvedere Tennis Club and extend for two thousand feet north. The plan calls for widening the existing bike path two feet, creating an asphalt path of ten to eleven feet, and adding a four foot wide pedestrian path, constructed of decomposed granite. Mr. Lich- lyter reported that OwenBlackburnyf the State Parks and Recreation received approval from the Bureau of Outdoor Recreation on both Acquisition and Develop- ment applications for expansion of the MUlti-Use Path. He added that agreements between the State and the City of Tiburon are being prepared and should be received by the City within the next two weeks. Though no State funds can be received by Tiburon until the agreements are signed, the suggestion was to begin engineering drawings at once to be submitted to the State for review Payment for them to be after the agreements have been signed. Don Pickett, Chairman of the Parks & Recreation Commission, summarized by saying he felt the plan was consistent with the County and State policies having to do with separate recreational paths away from the highway. Pickett further explained the gravel ~ath would be optional for walkers and joggers, and eventually a four to six-foot wide shoulder could be put in for high speed and racing cyclists on the highway. The asphalt path would be for recreational cyclists. Pickett stated that George McCoy of the Belvedere Parks & Recreation Commission wants to know how Belvedere can tie in to the project. He said that when the original bike path was put in, Belvedere contributed 31% of the funding (on a population-ratio base.). Mayor Aramburu reported that McCoy will present multi-use path improvements to the City of Belvedere on the basis of the original Joint Powers Agreement which created the path in the first place. CITY COUNCIL MINUTES No. 373 February 24, 1975 Page 4 K;1yor Aramburu raised the ques tion of the need for BCDC approval and Stan Lich- lyter assured the Mayor it has been approved. In answer to Councilman Ellman's question as to why the two paved paths plan was discarded, the Chairman of Tiburon Parks & Recreation Commission said it would be too difficult to police which one would be used for walking and which one would be used for cycling. Councilman Ellman expressed his feelings that elderly people would find it difficult to walk on gecomposed granite. Discussion followed on some of the actual construction problems. involved, whether the pedestrian path would be inboard or outboard of the existing path, width of the paths and the visual impact of the paths to pa8sers-by and homeowners above the path. In answer to Councilman tayer's question as to why this particular segment of the path -- the one which offers the most limitations -- was picked to begin the multi-use path, Phyllis Ellman stated that she personally picked it some 18 months ago, because the City owns it and it is not near the highway. Mayor Aramburu asked if the City Engineer could have the drawings back by the next Council meeting, and Mr. Bala responded he would have the background on which the final plan could be drawn. It was suggested by Gary Gray to draw two different plans on ~lar Transparencies to overlay the basic map. It was moved by Tayer and seconded by Ellman to plan the path (based on Mr. Ba1a's comments of the problems of having asphalt on the water side, and on the Park & Recreation Commission's desire to have the granite path on the water side), so there is a four foot decomposed granite segment on the water side and an eight foot asphalt segment on the inboard. An alternate plan showing ten foot asphalt segment on the inboard side is to be prepared. The motion passed unanimously. Lichlyter cautioned that the detail of the costs should not exceed $40,000.00. Mayor Aramburu set the second meeting in March for completion of the drawings and the next bearing of the multi-use path. City Manager kleinert asked that the Sasaki-Walker plan be brought back as a guideline and Mayor Aramburu requested it be brought baek the first meeting in April. VII. OLD BUSINESS 2. PARK BENCHES FOR RICHARDSON BAY LINFAL PARK ACTION: Benches to be pur- chased. After a brief discussion of where the benches would be placed, Councilman 18ye. moved, seconded by Ellman, to purchase the bench(es). The motion carried unani- mously. IX. STAFF REPORTS 15. TREE ORDINANCE ACTION: Cont'd.to next meeting. proposed Mayor Aramburu related the~ethod Belvedere uses in dealing with tree pcoblems. The complainee gets to appoint one person to a committee, the complainer appoints one person. The Council then appoints a third one and the complainer pays the fee. Councilman Tayer expressed his feelings that the appointment of the Committee made sense but that the owner should bear the expenses if tree was planted in- correctly. Councilman Ellman felt that when a tree needs trimming, the owner wants to have some say in how it is done; therefore the owner bears the payment. He suggested taking the original committee and adding two more, one appointed by the complainer and one by the complainee (a total of 5 -- 3 City people and one from each of the persons involved). Pat Gomez expressed her feelings that the City needn't get involved at all. She felt that problems could be handled by the Homeowners' Associations. Council- man Tayer answered her by saying that the associations have nothing but per- suasion in solving their problems and the hard ones need some kind of legal authority to handle the ordinance. Gary Gray conmented that many of the people who are complaining have never talked to the people who own the trees, that the problems could probably be worked out with the Tree Committee as soon as the people were brought together. CITY COUNCIL MINUTES NO. 373 February 24, 1975 Page 5 t~yor Aramburu asked the Director of Community Development to work out a scheme by which the tree ordinance could be amended and report back to the Council at their next meeting. VII. OLD BUSINESS 12. REED UNION SCHOOL DISTRICT EXCESS PROPERTY ACTION: City Manager to report back to Council City Manager Kleinert reported he has h~d no response from the School District. Mayor Aramburu stated the City Manager should follow up as soon as he hears from the School District. Y~II. tmw BUSINESS l3. SELECT STREET SYSTEM ACTION: Committee to be coo~-' dinated. City Engineer Bala said the Select System was prepared some time ago. He reported that the City of Tiburon cannot spend Gasoline Tax money on streets other than on those in the select system until 90% are completed. Then the City would have freedom to use gas tax money on other street projects. Mayor Aramburu asked why this shouldn't go through the Planning Commission and the ~arious boards, and the Director of Conmunity Development stated he was looking for Council policy, especially regarding the areas in question, the ridge areas. The Superintendent of Public Works announced that if the dotted lines were re- moved from the map, the City has fulfilled 90% of its Select Street System building. Mayor Aramburu appointed Councih:1en Ellman and Littman to review the Select Street System and report bac~; to Council e.t a later time. The City Engineer felt it would be a good idea to call a state engineer to join the Committee, and Mr. Brunini suggested l~~ Al Ranzani. The chair asked Robert Fosnot, the Director of Community Developwent, to coordinate. l4. CIn\TION PROCEDURE IN-LIEU OF AR.!lSST Fe?.. VICTIMLESS CRIMES ACTION: Approved citation pro- cedure City Manager Kleinert explained the letter f~om Supervisor Arrigoni, whereby he is proposing e citation procedure to be used in.lieu of arrest for victimless crimes. Mayor Aramburu expressed his feelings that the Supervisor was suggesting the policy as it applier. to pocsession of marijuana and suggested the City of Tiburon take the same position for possession of small amounts of marijuana. He added he felt it would save money and have some advantages. City Attorney Conn stated thnt l~h~n a person is arrested for a misdemeanor, he is not necessarily taken:,before a ~agistrate and booked (as in traffic violations). The arresting officer has use of discretion in issuing citations on misdemeanors. However, he continued, a felony is taken in and booked. Councilman 7ayer suggested that Supervisor Arrigoni was asking whether the Tiburon Council wants the county to pass new legislation and Councilman Ellman said he would be willing to support Marin County's passing this kind of legis- lation. Councilman Ellman suggested the Council send a letter to Supervisor Arrigoni stating we approve and that it be expanded so that it includes things like marijuana. The Mayor asked that the staff make sure our interpretations are in line with the Supervisors' and asked that a letter from the Chair be sent to Supervisor Arrigoni stating support for citation procedures, and asking for a copy of the final proposal. It was moved by Tayer and seconded by Ellman to approve and support the cita- tion procedure in lieu of a~rest for a victimless crime. Ina roll call vote, the motion passed unanimously. CITY COUNCIL MINUTES NO. 373 February 24, 1975 Page 6 IX. STAFF REPORTS l7. ClAIMS REGISTER ACTION: Report accepted. Register of Claims 1127 for January, 1975, was approved. OTIiER STAFF REPORTS: The Superintendent of Public Works, Lou Brunini, reported that a repair esti- mate on the pump located behind Safew~y was $1,000 to $1,200 just to see what was wrong. If it turns out to be a da~naged propellor, the firm would not give an estimate. Brunini recommended the City leave it alone until a definitive plan could be 9utlined. It was moved by Tayer and seconded by Ellman to accept the recommendation. Motion passed unanimously. In the building of the Hilarita left-hand turn lane, the Superintendent of Public Works reported that the City's part is estimated at $6,000 (50%). The work will be done by Williams & Burrows. The City Manager asked for authori~ zation to tell Williams & Burrows and TEA to go ahead and have the contract drawn up. It was moved by Ellman and seconded by Tayer to approve the City's spending of $6,000. The motion passed unanimously. Mr. Brunini also mentioned that the City purchased a drain pump to take care of flooding areas such as the most recent one at 688 Hilary Drive. XII. EXECUTIVE SESSION The Chair adjourned the meeting at ll:55 to executive session in memory of Angelo Mecchi, former Lieutenant in charge of Tiburon Sheriff's Unit, and good friend of many Tiburon citizens, who di~d in his sleep at the age of 43. XIII. ADJ('~JRNMENT There being no further business to come before the Council, the Chair declared the meeting adjourned at 12:20 a.m., February 25, 1975 to March lO, 1975. APPROVED BY '!HE CITY COUNCIL ON: MARCH 17 th *\ , 1975 '\ "I ; "\ ,jl .' ~ i ~.I(j, L ,,,',,,\.Vy, I./\".v------ ALBERT ARAMBURU Mayor of the City of Tiburon CITY COUNCIL MINUTES NO. 373 February 24, 1975 Page 7 corrected Minutes CI TV OF TI BURON CITY COUNCIL MEETING I. CALL TO ORDER The special meeting of the City Council, Ci ty of Tiburon, State of Cal ifornia, was called to order by Mayor Aramburu at 6: 10 p.m., March 5, 1975, in the City Hall Council Chamber so II. ROLL CALL PRESENT: ABSENT: COUNCI LMEN: COUNCI LMAN: Aramburu, Ellman, Littman, Tayer Ross EX OFFI CI 0: R. L. KI einert, Ci ty Manager Robert E. Fosnot, Director of Community Development Martha Mullin, Planning Associate Stanley Bala, City Engineer Ko Carole LaFollette, Minutes Clerk Mayor Aramburu repor ted t hat he, along with Councilmen Ellman and Littman and City Manager Kleinert, had met with Mr. David Dawson and Phil Buskirk to discuss Sequoia Pacific's Final EI R. He reported there were still some concerns about the scope of services -- mostly about traffic generation -- but once these things were cleared up it was thought to be eas ier to get Sequoia Pacific Board of Directors approval. Robert E. Fosnot, the Director of Community Development, reported that he had met with Bob Hawkins of Wi! bur Smith Associates, Don Goodrich, representing JHK Associates, and Phil Buskirk, trying to resolve difficulties. It was his opinion that the City should request the County to do traffic counts in order to know what the existing numbers are. Places he s ugges ted for t raf fic counts to be made on Tiburon Bou levard were between Stewart Drive and Tres tl e Glen Boulevard on a straight section, and at Lyford Drive. He expres sed a desire to deter mine the trip generation factors for various land us es and expressed his opinion that the factors used in the earlier study (by Wilbur Smith) may be a little low. The Director of Communit y Development als 0 commented that there was currently a proposal for a comprehensive traffic study. He expressed his opinion that the data from such a study would be important, but should not hold up the EIR. Mr 0 Fosnot further stated that s taf f wanted to use the build-out figures generated for the total peninsula area to see what the total impact would be for future dev~lopment. I tern , 1 : DETERMI NATION OF TRI P GENERATION FACTORS FOR RESI DENTIAL AND COMMERCI AL LAND USES Mayor Aramburu inquired as to a decision on the basic numbers and Mr. Buskirk suggested the City use the same ones they did, which came from Cal/Trans. He urged the City to use the actual count '1IIAI ii:Rti 'r;- data where avai lable and stated that they wou Id I ike to have the figures from the new traffic count. Mro Buskirk expressed his opinion that the figures from the Sausalito study would not be applicable to this situation. Councilman Littman inquired as to calculation of future generation of traffic from the yet undeveloped areas of Tiburon I and Mr 0 Buskirk responded with the factors 7 and 9 I except in the downtown area I which would be 6 or 7. The Director of Community Development suggested that a traffic generation factor of 8 be used. CI TY COUNCI L MI NUTES NO. 374 March 5, 1975 Page 1 Planning Commissioner Edelstein ~~~d .what. Ieew,QY now exists between existing traffic and allowable traffic before reaching the dissatisfaction level, and stated that the Wilbur Smith study and the Brown/Heldt study for the proposed Cohn/Lewis development had different answers. Mro Buskirk responded that the levels of service Wilbur Smith and Associates would be FE rforming were based simply on observing traffic in both directions, establishing the fJgtr incfach direction and the count, and studying the turning movement conflicts at each inters~~tlon~~rthout traffic lights. The Mayor commented on a list of 11 recommendations made by the Director of Community Develop- ment on June 26, 1974, and Mr. Fosnot reported that it was not the consensus of the Planning Commission to have all the items addressed in the EIR. Mayor Aramburu stated that in addition to two-way traffic counts the City may undertake a compre- hensive traffic study 0 It was the suggestion of Gary Gray to average the two-way figures for peak load. The City Engineer stated that peak per lane or per road could be considered, and recommended lane loads. The Mayor requested the City Engineer to look at lane loads. Tiburon Boulevard Design Committee Planning Commissioner Edelstein stated that the P:Rmn:i~~mRm= is going to recommend traffic lights when the demand is there, and expressed his feelings that in some places the demand has been reached. City Engineer Bola reported that the State performed this traffic light study and that they have certain criteria -- based on a point system -- to be reached before a traffic signal is installedo He added that a matter of feeling or aggravation should also be considered and that the City is counting in two intersections at the present time. Bala further stated that we should assume that we will have traffic signals at all maior intersectionso for the EIR. Bryan Chapman inquired as to the rumors of doing a balanced transportation study." The Director of Community Development commented that the cities of Belvedere and Mill Valley have shown an interest in doing a joint study that used model techniques instead of traffic countsc The Mayor commented that such a study would not slow down the EIR. The Director of Community Development stated that it would be the first of July before the model technique study could be kicked off because of budgetary problems at the County levelo It was Bryan Chapman's opinion that much of the discussion on traffic could be resolved by such a study and that it would be a more sophisticated study than the one under previous discussion 0 Mr. Buskirk stated that he was unwilling and unable to work with the model study. Planning Commission Chairman Bob Wayne expressed his feel ings that the val idity of the information derived from such a study had lost its timeliness and stated that the consensus of the Commission was to not undertake the study. The M~yor requested comments be obtained from Mr. Robert Harrison, the County1s Traffic Coordinator, pertaining to merits and limitations of the proposed study. Planning Commissioner Edelstein raised the question of how much peak-hour traffic can be accommodated by Tiburon Boulevard before it becomes unsatisfactory as a two-lane roado The City Engineer pointed out thatEast Blithedale in Mill Valley had in excess of the least figure on the volume of traffic I ist in the EI R. He asked for a recommendation as to what the point of no return on Tiburon Boulevard was, taking into consideration the downtown plan and the projected growth of the rest of the peninsulao Mayor Aramburu expressed his opinion that each increment of traffic should be identified by location so the City has a handle on traffic saturation. Mro Buskirk recommended the study be carried out on an intersectional design analysis rather than on the" lane load factoro taken & Mr. Marans, who lives on Paradise Drive, inquired as to traffic considerations there when development is taking place in the downtown area. The /W:Jyor asked a~hefyaffjc cO'int at th ^-Anr West,and Parod ise Drive 0 Btuski rk stated he had looked into it and f?:,..,ll;~<(t T~~~rf8~t~re e~ ~asn t q ser10US cong~n$ 1qn prOble~, . The Lity Engineer commented that he was makIng an analysis in the pattern of the streets in the downtown area and expressed his feelings that the new streets would change it and maybe even improve it 0 CITY COUNCIL MINUTES NO. 374 March 5, 1975 Page 3 Councilman Littman stated that the mood of the Council was to get it done and certified by June or Ju Iy. The Mayor pointed out that the delay was not on the part of the City, but in getting agreement from Sequoia Pacific on the new scope of services. Mr. Buskirk commented that Sequoia Pacific is not prepared to undertake a totally new traffic study of the peninsula. Mayor Aramburu assured him that a comprehensive traffic study would be a separate component, and a concern of the City 0 Gary Gray asked if there would be opportunities for people who were not able to attend the Special Council Meeting to comment. The Mayor responded that this was a special meeting to try to get the scope of services going as there has been reluctance on the part of Sequoia Pacific. He apologized to those who cou I dn It attend the meeting and said the Council wou Id accept any comments regarding it until the final EIR was acceptedo III. EXECUTIVE SESSION The Chair adiourned the meeting at 7:35 to Executive Sessiono IV. ADJOURNMENT There being no further business to come before the Council, the Chair declared the meeting adiourned at APPROVED BY THE CITY COUNCIL ON: March 24th , 1975 ,,~d.~' ~ ,.'t- -'~ A r1, 'Nt ' ALBERT ARAMBURU Mayor of the City of Tiburon CITY COUNCIL MINUTES NO. 374 March 5, 1975 Page 5 CORRECTED MINUTES CIYI OF T!3URON crTl COUNCIL MEETING ....-...-.._----- I. CALI, TO ORDER The resu1ar meeting of the City C:>u::c::'l, City of Tiburon, State of California, .. called to order by Usyor AT.:\!']ha:'~'U P..t 7:1:~2 p.m., Ma::ch lJ, 1975, in the City Ball Council dk"t:loers. ~1.0:':.I~.'!~ PaBSBNT: ABSINT: comlCILMEN: Ar~~!:!bn:::':1., rj.:.~.L~n, I,ittmn (7:50 p.m.), Dlyer COUNCILlfAN: Ross IX orrICIO: I.. L. Kleine~t, City M?.nager Stanley tala, City Eugineor Richard Breiner, Deputy City Attorney Robert E. Fosnot, Director of Comman1ty Development Stanford Lichlyter, Administl..ative Assistant Lou Brunini, Superintendent of Public Works Maurice Lafferty, Chief of Police, Tiburon K. Carole LaFollette, ~1inutes Clerk l:r.h.~!'~.cr:l4.L OF MI~ HIHIJ'1'U NO. . 373--Undcr Con.sent Ce.lendar, paee 1, paragraph 5, Lou BrunlDl. the Superintendent of Public 1701":tD, ccrrectad "'!'he permits '1'491 aDd 7492 were not included as the City cannot go through prive.te property and open laDd. T793 on Round Bill Road were approved." On Pale 5, under Staff Reports, Item IS, Tree Ordinance, _ '*-tJl'~: "l-layor Ar;~=~tt:-'iJ x~lated the method Belvedere uses in dealias with the tree problems" ~ms &!J':ln~''3d by th.a Chair to read: ''Mayor Aramburu related the proposed method Belvedere unes. . ." On motion of Ellman, seeondt:ld by 'D1ye.r.-, !1iu..'.tes No. 373 were unan1moualy apps'ovecl .. amendec:l. Jy.~S'Qm.5.~:i;' r!-~~~IDt\a On reC01llDendation of Cc.'n~:t:'.oon T~.:"m:, I~em 9 (Se1Ute Bill 275) was moved to Sa. under New Business, e.nd Itn::l 6 t:.Ud2:: l1e~'-;\1 B:lDineDS to18S moved up to the Consent Calendar as Itam 11. In discussion of Item 1 (Sl:!.d~ Rc!,~i= !~'~~~?3~C::!ttJ) of the Consent calendar. City Manager Kleinert reported t~~t t~3 ~~blic Wo=~s Department could complete this job for $400 and reconmcn~ed it be approved uith monies coming from the Gas Tax fund.. In discussion of Item 2 (Stroet Repair Bid Authorization) it wa. decided to continue it until the next ceeting so that the possibility of UDderlroUDdina could be considered. on motion of rayer and second-ad by Ell:!k~n, the Consent Calendar constatina of the following items was ullanimously accepted as amended: 1. Slide Ilepair Improvenents (Intersection of Porto Marino and Hacienda I)I-i".) 3. Mar West Drainage Improv~ment Acceptance (7SG-24) 4. Notice of Completion and Accept-:.nce of Pine Terrace Drainage Improvements (Resolution.No. 707 adopt~d) S. Request for Council app~oval of Federal Aid to Urban Syet... (aeaolution 708 adopted) 6. Encroachment Permit Authorization -- 135 Av~nida Mlraflores 7. Clai. against th.a City of. T:1..i~..lron (J. H. Schuchardt) referred to City Attorney. 8. Cash Plow (February, 1975) 10. Developaent Administrator' s Repo',\~'t (:!ebrt1!lry. 1975) 11. (fol'1llerly Item 6 unde: !le'!.'l B:.lsin.ege) Pa.rticipation of the City of TibUI"OD in Federal Surplus Prop~~ty r~ograo (Resolution 711 adopted) :.~.~ rli'J.~.J' t:r.r~.lli!:~n..T;gm A!1fLCOl1MENTS ILI.BGAL SECOND ..m!!.~ Claudia Gibson, of 5 '1'o"i1Cr Point Lene, compla:tned th~t ber landlord, Hr. John Clea.oD, would not ren~'1 thei~o: le.:.:se for eA.lother yenor unless the City wrote hill CIT"t COm~C!T..I l:r.:!7U~S rOe 375 Hlrch 17, 1975 Page 1 a formal notice that he would not be fined for having an illegal second unit. She stated thay had no place to .tlcve and asked the City for assistance in this matter. Mayor Aramburu stated thet no .n~tifica ticn h,g,d been made to her landlord and that he was probably reacting to an article in the Ebb Tide Newspaper. He asked the City Manager to look into the situation and act as the City's agent a8 mediator. !l>I'l'OZA IANE BID: City Mtnager Kleinert co~~e::teC: on t::e MO:!.:::00a, La::~e Improvements awarded to Michael Goldman and stat~d th~.t bon! and ins'~;:a.:lce had not been submitted as yet. He said the 30-day a~lo';l1anc~ of time for such submittal would be up on Thursday, March 20, 19/5, at noo~. City Engineer Bala recommended to Council that unless all bonds and insurance w~re received from the contractor by !burs- day noon, the bid would bo ~~ard9d to the n~~t lcwest bidder. Michael Goldman requested Council to give him a fOtlr-hour extension, due to his 8chedule, and commented the t the bonding cotr.,any he works with had a change in personnel and since this bid falls under the category of preltminary bonding, Which needs underwriting, there has been a delay. second On motion of 'layer and s~conded by Littman, it was passed unanimously to extend the,lowest bid in the event the lowest bidder doesn1t post bond by 4 p.m. thurs- day, March 20, 1975. BICBN'lBNNJAL COt1MITTEE: Mrs. Marans, Tiburon's representative to the Bicentennial Committee, reque8ted that the City assist in forming a local committee to assist in working on the City's Program. r..o n3l.!teS she cuggp.sted were Mrs. Van Ravenswaay and Dr. Roy Freeburg. She suggested that perhaps she could come back with the names at the next meeting with letters to b~ signed out by the Chair. LAreo: Councilman ~ Ellman p0i~ted o'xt that there is to be a meeting of the Local Agency formation Commission (LAr~C) to hear a~d consider their role in the future dev- elopment of Marin County. 1-'!~ said t~ t he h:!d composed eo draft letter stating that Council was not '~~~~r~ssed t'7:!. th tl~J) propocals that IArCO had made, and felt that it should be sent off befo~7C their ne:!;t oeeting. KaY~~I{\J;'l..mjl~ru cOm!!!9nt.:)~ tho'?:: L~,"E"CO' s p~oiJos~ls ~!gre not clear and agreed with ~ Ellman tha t :l lett.~:: LhQ::~L': be sent noting tha t this special district should bear special id~nti~.r.cat:'.'J:: to the p::,o!:-J.en; also addressing the point of the residential revie~l board. H~ s~:?ted that the Council is concerned about the composition of LAFCO's board in terms of its aeusitivity of the cities' needs, and expressed his opinion t!:'..nt !AreO is not necesearily the organization that is going to achi~ve thio. It was moved by Ellman and secon.ded by Littman to have City Manager write a letter to the IAFCO board, b~sed on Councilman Elluen's draft and~ omitting the leading reference to the r~sidential review board, to be circulated for cOlllDents, sta ting that at this point, Council does not see aFCO to be the proper. agency to deal with the County-Wide Plan. The motion passed UD8n~u81y. VI. R~POR.TS EY CHl\IR~N OF COHfiSSIONS. BOt\RDS AND COMMIT'lBBS PlANNING COMMISSION P..EPORT BY CIiAIDAN l-ZAYNE Planning Commission Chairmen Robert Wayne recommended to Council that since a third of the City's real estate was in open space that some sort of vehicle should be available for policing it--a moto~cycle or a 4-wheel drive vehicle. The Mayor asked that this matter be agendized for a future meeting. In.sponse to Mr. l-layne's question regR.rding the final Em on the downtown devel- opment the *yor stated he h!ls been in tOt1ch with Phil Buskirk, but as yet has not heard from Mr. na'(.gson. Cou:::lciJ.t!lSu Tayc= repo::ted that the contract bas not been approved by the Sequoia. Par:ifi.c Bo[::.rd c::: Dirsctors and the t there is no final EIR. Chairman Wayne inquir~d a~ to the statt!1 of open spa.ce and Mayor Aramburu reported that they will be in cor..tact with FJ'~.mp~ol1 lle~ley of the 1972 Open Space Coamittee and ask b~ to bring their ~~s up to dat.e for purposes of working with them. Chairman wayne recom~encei th&t tha appealir.g action for single fa~ly dwelling8,~ when the Board of Adjustm~!1t: 2.re in conflict, loyould come back to the Planning CITY COUNCIL MINUTrr.S March l7, 1975 n.. _Ao.. " Commission. He stated th~.t during the previous week, five members of the Planning Commission, acting as private citizens had, appealed a passage of a Design Review Board approval. He suggested the possibility of a joint study session to discuss it. Councilman tayer asked about the recommendations made by Council on joint meetings of the Board of Design Review and the Board of Adjustments and the Director of Community Development reported the matter had been continued for two weeks be- cause of the size of the agenda. Councilman 7ayer suggested the Planning Com- mis8ion review the procedures and present a package of suggestions for change. Councilman Littman expressed his f~elinBs that the whole purpose of removing that board from the Planning C~mmission was to free the Planning Commission for planning. Mayor Aram~uru s~3ted that the type of appeal in question tended to be the most time consuming projects of all. ~tbJfBle Councilman Littman's opinion that when someone acts on something he must ~ responsibility of l'7hat happens, and Councilman 'D1yer expressed his feelings that acting as a board participant on something, then turning around and ~88{-~~W3S not good. attacKing the action taken DEPARTMENT OF PUBLIC WORKS Lou Brunini, Superi~tender.t of Public Works, reperted that the stop si8n at Stewart Drive and Silverad:i, which had been sawed down twice, was now installed in steel pipe. VII. PUBLIC HEARINGS 1. ZONING ORDINANCE AMENDMENT TO ~OVIDE FOR BUILDING Slm AREA REGUlA '!'IONS (Ordinance lst Reading) ACTION: Continued The -Mayor--reported that t~.e Planning Commission wished to study the propt)8ed amendment in view of a pos8i~ility of conflicts with pending litigatian. VIII. OLD LUSIN:3S 2 · RICHARDSON BAY MOL TI- USE PA T.d nXPANSION (Agreements and Resolutions) ACTION: Adopted Res. 709, 710 Mayor Aramburu co~ented that the multi-use path expansion project was in con- junction with the Land and Conservation Grant, and that to accompany the forms some construction ~rawings were needed. n1e City Engineer stated he would bring them to the next meeting. . The Mayor stated there had been some discussion concerning the texture and the total width of the path. Don Pickett, Chai=man of the Park & Recreation Commission, cited references to a German study as to why the Commission bad recommended the total width of fourteen feet. City Manager Kleinert suggested that Council approve the resolution regardin8 acceptance of the funds and final agreement between the City of Tiburon and the State of California, which outlines the utilization of the funds for the project. On IIlOtion of Tayer and seconded by Ellman the Resolution of the City Council of the City of Tit~ron Approving and Providing for the Execution of a Project Agree- ment for Land and Water Conservation Fund Project No. 06-00378. Richardson Bay Lineal Park Development, By and Between the City of Tiburon and the State of California, Resources Agency, Department of Parks and Recreation, was unanimously approved and given Resolution No. 709. City Manager Kleinert introcuced the next resolution providing acquisition of some 3.28 acres of tide lands by the City of Tiburon, and recommended authori- zation. On uotion of Ellman and seconded by T.ayer, Rn~olution No. 710 of the City Council of the City of Tiburon Approving and Providing for the Execution of a Project Agreement for Land and Water Conservation Fund Project No. 06-00379, was unani- mously approved. City Manager Kleinert outlined the status of the project and c01IIDented that the City Engineer had met with the P~rke & Recreation Commission and had come up CITl COUNCIL MINUTES NO. 375 M1rch 17, 1975 Page 3 with another suggestion. City Engineer Bala reported that rather than removing four feet of asphalt along the water edge that a tennis court product called plexi-color could be painted on it to denote the walking path. He commented that the surface would be slippery, and not good for jogging or bicycles. Tbe City Engineer outlined six alternatives and their estimated costs, for the proposed multi-pse path. They are: Alternative 1: Four feet decomposed granite along Bay side plus lO ft.asphalt-$3S,500 Alternative 2: Four feet decomposed granite along Bay side plus 8 ft.asphalt-$32,200 Alternative 3: Applying Plexi-color to four ft. of walk and 10 ft. of asphalt-$32,OOO Altaraative 4: Applying Plexi-color to four ft. of walk and 8 ft. of asphalt-$29,900 Alteraative 5: Ten feet wide asphalt strip along the Bay with 4 ft. decomposed granite on the Tiburon Boulevard side - $32,000 Alternative 6: Eight foot wide asphalt strip along the Bay with 4 feet decomposed granite on the Tiburon Boulevard side - $29,000 Mr. Bala expressed his feelings that it was very important to lave the walking along the Bay side of the multi-use path. Don Pickett, Chairman of the Parks & Recreation Commission, articulated the recommendation of the Commission to have a four foot decomposed granite along the water side and a ten foot wide asphalt path for cyclists, separated to con- cur with the Board of Design Review. His justification for a ten foot cyclists path was based on safety and he cited desired measurements for two cyclists to pass each other safely going in opposite directions. Mr. Pickett, in reference to the fourteen foot path using plexicolor for the walking portion, said the Parks & Recreation Commission felt it was not acceptable from the standpoint of visual impact. He expressed his feelings that the path would be difficult to police and would be moving away from the original idea wbich was to achieve a separation of the slow moving and faster moving activities which would take place. Discussion followed regarding the decomposed granite as recommended by Hr. Pickett and it was decided to appoint an ad hoc committee composed of Mr. Pickett, Councilman Tayer and City Engineer B~~a, to study existing decomposed granite paths to see how they would hold up in the various weather conditions existent in this area. Techniques of separating th~ two paths t:~re discussed, including a low curb which was considered by many to be tc~.. dangerous; a wooden header; plantings; and the natural difference in textures beo1sen decomposed granite and asphalt. On motion of Tayer and seconded by Littman, the Council unanimously approved to authorize the City Engineer to proceed with construction drawings based on four feet of decomposed granite, or other approved surface, on water side plus ten feet of asphalt on the inboard side; provided that wherever possible in tbe design apace of from one to two feet be allowed between the decomposed granite surface and the asphalt surface to permit the possibility of planting. RECESS The Chair declared a recess at 9:22 p.m., Council reconvening at 9:35 p.m., the roll standing as originally"noted. 3. ESTABLISHING DRAINAGE FEES FOR BELVERON, MIRAFLORES AND ACTION: Referred to Public ROCK HILL FOR FUTURE DEVELOPMENT (Ordinance, 1st Reading) Services Committee Mayor Aramburu introduced this item by stating that Council had passed similar ordinances for two other drainage basins in Tiburon--Reed and Downtown. He commented on the receipt of a five-page letter from Mrs. Della Figari. City Manager Kleinert commented that in reviewing previous figures submitted to Council, the City Engineer had found some areas, particularly in the Mira Flores area, where the pipe was not put incorrectly. This changed the cost estimates, he said, for the Rock Hill Water Shed, to $69,439, or $279/acre. Councilman Ellman asked to be assured that the same kind of consideration he given to the Belveron and Mira Flores areas as was given in the Rock Hill area to insure that the necessary constructic~ of drainage easements and drainage facilities would be considered, e.g. physical inspection. Mr. Bala stated that no difference was made in th~ study between City owned and privately owned facili- ties, and that the judgements were based on utility and function rather than CITY COUNCIL MINUTES NO. 375 March 17, 1975 Page $. appearances. From these studies, he said, the total cost estimate was divided by the number of acres in the watershed to determine the cost 'per acre, on the assumption that the whole watershed should pay for the improvements. Councilman Tayer expressed a favorable impression of the time and effort put into the report, both by City Engineer and Mrs. Figari. He recommended the matter be referred to a committee for further study, in the light of the ramifications out- lined by City Engineer Bala. It was his observation that the matter should come to the City Council in the form of a recommendation from a committee that has had an opportunity to look over the various aspects. To clarify a point, Councilman Littman inquired if the amount was to correct an existing situation or if part of it would go toward a future situation, and the City Engineer stated it was for the existing situation only. Councilman Litbman inquired as to the justification of asking somebody who didn't contribute to the problem to help pay for its correction and Mr. Bala stated it was a matter of taxation. He stated the study was based on: (1) as it is today, and (2) assuming the whole area is developed. He observed that collection of this assessment could legally only take place if someone is putting in an improvement or developing. Mrs. Figari reviewed her knowledge of the drainage fee matter and stated the County counsel's ~~~ opinion in regard to drainage easements in formerly unincorporated areas: that the developer install drainage to the County's specifications, then that flood control groups would be established and that the County would accept them. She ex- pressed her feelings that it never was the intent of the County to "play games." She further stated that it was her belief that the City Engineer did not meet the criteria as outlined in Ordinance l09 N.S. (original for Reed basin) and quoted the paragraph which begines: "The scope and purpose of the work presented...." Mrs. Figari summarized by saying she agreed with Mr. Tayer's recommendation to turn the matter over to a committee for study and suggested a Civil Engineer and an attorney be picked to serve on this committee. Mayor Aramburu asked the City Engineer not to respond until he had heard from Council regarding Councilman Tayer's suggestion. He stated that the City has a Civil Engineer and a City Attorney and a Deputy City Attorney, and as a member of staff they are expected to perform their jobs. The Mayor observed that it is Council's job to provide policy and in order to do that it needs guidance in technical data. He further stated he would like to refer Mrs. Figari's memos dated March 13 and March l7 to a public service committee. City Engineer Bala commented that he could back the technical information and that he needed input of the City as far as policy was concerned. Councilman Littman requested information from City Attorney regarding: l. Whether there are alternative ways of spreading the cost; and 2. Whether a per acre method had to be used or could some ether method of allocating the cost of the fee be used. Marshall Figari expressed his feelings that he hoped their critique was taken in the light of assistance to the Council members to arrive at a proper decision in their area. He said one of the outfalls comes through a parcel of their land but they were not affected much by it. He stated they were trying to look at the problem in terms of the whole area and now that they had a facility in bringing tbese things into focus they were hopeful it would be of help to Council. City Engineer Bala expressed his opinion that another problem facing Council was that of the Cahn/Lewis subdivision. Assuming the cost per acre ordinance is estab- lished, he said, and the developers paid their share, it still would not be enough money to make the necessary improvements in the area below the proposed new develop- ment. He questioned whether a subdivision should be allowed at all, since it would increase the problems already in existence. Mr. Bala commented that it was a legal question; that some attorneys have told him the City has no reason to approve the project and that the attorney for the cahn/ Lewis development says they have no responsibility for paying for improvements. Mayor Aramburu commented that the EIR would show any deficiencies and it was up to the City Council and Planning Commission to act on them. CITY COUNCIL ~INUTES NO. 375 March 17, 1975 Pa ge 5 The m~tter was referred to the Public Service Committee. 4. LIABILITY INSURANCE FOR MOTO-CROSS AND RElATED EVENTS ACTION: Approval l~yor Aramburu expre~sed two concerns of City r~nager Kleinert regarding the use of Blackie's Fasture for the use of Mbto-Cross racing. One was that the City cannot approve any use of any part of the property that is Mr. Connell's, and the other was the need for hold-harcless insurance for days the course might be used other than race days. Deputy City Attorney Breiner commented t~~t he had spoken with the E. Brooks Randall and Sons Insurance Compa~y in Los Ar.gcles, end a policy would be issued that would cover the non-race d~Y3 &8 ~ell as the da7s of the race for bike riders and spec- tators. He stated that documentation would be forthcoming in the next few days. City Manager Kleinert said th~t the City could not offer permission to hold races on land it did not own and expressed his reservations about any permanent type of f~cility as far as the course is concerned. He further articulated that the races should be on a regularly scheduled basis so that they could be approved and put o~ a master calendar and not have to be approved each time a race was held. The !~yor inquired as to what kind of permanent facilties would be installed. Marc ~~nvitz stated the couree would be dirt jumps and that anything could be torn down in nothing f~~,t. The Chairman of the Parks & Recreation Commission, Don Pickett, ~t~te~ that his gr.:;~7 continued to support the mota-cross activity and that it w0uld be a good thing for the City to allow it in one designated area. He commented t~~t while walking up in the City's ridgelands he noticed moto-cross bike tire tracks. T:v~ l~yor commented th~,t the Police Department will start issuing citations on biking safety and expre~scd his ho~e that the April 26 Rodeo could coordinate this O~ an informal basis. l:e statp-d t~~t it would appear that at the minimum the City could approve a regular progran of informal activities; the privilege for which cculd be revo!~~d at ar.y ti=n~ if there t-1ere problems. On motion of Li ttn3.n B.nd se~on:::cl:! by Ellman to approve Moto-Cross use a tBlackie IS !?D.3 tare on Ci ty-ov7n?d l::tr:~ for a p2~iod of six mon~hs; at the end of six months t~e Parks & Recreation Con~:lisoi.on ~f7'Jt:J.d give a l'eport. In disn.~..~sion of the Motion, Coun~ilman Tayer expressed his feelings tba t this use '\ (loight interfere 't'~ith tha enjoy:r.1x'.t of t!.;.~ !\rg~.by other cyclists and pedestrians. 'was not a proper use of Black1e s Pasture anu 1t r~r. HOri1itz s::g tad th~. t L..~ i?culd b~ in ch~rge, person.9.lly, of all the races tha t 't']culd BO on. In a roll call vote with Ccuncilmen Littm~n, Ellman and Aramburu voting and Councilman Tayer voting ag~in3t it, the motion passed. 5" 1~~E ORD:NANCE AMENDMENTS (Council's consider.:! tion of amendments ACTION: Deferred to to City's Existing Tree Ordinance) Planning Commission r.c~~ert E. Fosnot, the Director of Corxnunity Development, reported that he had l"c7iewed the proposed che..nges to the existing Tree Ordi.nance with both the City Attorney and Deputy City Attorney and recommended that the Planning Commission h~ve an opportunity to review the recommended changes. Councilwan Ellman express~d his concern that there would be a lack of carry-through due to the continuous cO~t::tttee n?ture of the ordinance. He stated he felt there ~''!~'.11d be no local concilie tion. Cou:1cilman Ellman commented tha t there was never ~ guarantee of conciliation no matter who was on the Committee, and expressed his ra~lings that th~ Comreittee needed a substantial membership of people who are City Officials. The K~yor expressed his fe9lings that Council should recommend the conciliatory pro- cedures to be followed in the proccsn end that public officials be included on the com~ittee as expressed by Councilm~n Ellman. The Mayor directed the Director of Community Development to pa~s the orcin~nce as amended to the Planning Commission. On motion of Ellman and second8d by Tayer., deferment of the draft ordi~nce to the P18.nning COtll1.!lission to be acted upon ~'li t>~.n 60 dnys, passed unanimously. J;': · ---E.~~1!? J:~'F.~p" Conf!ent Calendr"?r-No. 5 - SENATE BILIJ 275 (Resolution) OPP~sition to Proposed State Legislation regarding co~pulsory ~ad Binding Arbitration) ACTION: Motion Failed CITY COUNCIL MINUTES NO. 375 March l7, 1975 Page 6 Councilman Tayer reported that in a recent meeting of Mayors and Councilmen that the City voted with the other cities to oppose the state legislation. He stated that as far as he could tell, the presentation to the Mayors and Councilmen was one-sided, having been made by the representative of the League of California Cities which had dete~ined long ago to oppose legislation of this type. He felt they would not give a totally balanced view. He said that he felt it was appropriate to have a process like arbitration that would serve as a safety valve with problems that arrive at an impasse. He expressed his opinion that Senate Bill 275 is a valuable experiment and that it is sbort- sighted of the League of California Cities to approach it in this manner. Councilman Littman responded with an opposing view, citing recent experiences in San Francisco that shows what abuses are available in public employment and com- paring with other cities. He stated he felt it was going to be a dangerous thing. On motion of Littman to VGte on the resolution, and seconded by Aramburu, and in a roll call vote, the motion failed due to a tie vote. Ayes: Littman, Aramburu, Noes: Tayer, Ellman. 7. PROPOSAL FOR JOINT TRAFFIC STUDY (Mill Valley and Ci ty of 1elvedere and Tiburon) ACTION: Continued The Director of Community Development reviewed the status of the proposed study, stating that Belvedere and Mill Valley:. were interested. He also commented that Supervisor Price supported the study. Because of budgetary difficulties at County level to undertake such a study, he recommended the City of Tiburon should adopt a wait-and-see attitude before making a decision. Councilman Ellman observed that Gas Tax monies that are coming into Marin County could be used to cover the costs of such plans. He suggested that the County may need the City of Tiburon's formal go-ahead in order to make their funds available. Mayor Aramburu requested more specific information inview of the interest expressed in the study and stated he would like to have it by the next meeting. X. S~FF REPORTS 8. ANIMAL CONTROL AND ENFORCEMENT IN TIBURON ACTION: Suggestions to send letters to Humane Society & County Stan Lichlyter, Administrative Assistant, reported that since the leash law had gone into effect, the service on the part of the.Humane Society had dropped con- siderably. Councilman Tayer recommended writing a letter to the Humane Society in strong terms expressing the City's outrage in their not complying with what they promised to do, and Councilman Littman recommended a letter be sent to the Coutny to register a formal complaint. 9. CIAIMS REGISTER (February, 1975) ACTION: Adopted On motion.~f Ellman and seconded by Tayer, adoption of the Claims Register was passed unanimously in a roll call vote. 10. HIIARlTA PROGRESS REPORT ACTION: Deferment It was reported by the City Manager that a TEA meeting was in progress at St. Stephen's Church and that a representative would attend the next City Council meeting to make a report. XII. COI-tMUNIC'ATIONS AND CITY Mf\NAGER ITEMS 'I-i\e CiCy MUlager submi tted a proposed draft resolution "The City Council of The City of Tiburon Grants its Consent to the Absence of E. Bruce Ross, Councilman" . The Mayor cited a provision that a Council member cannot be out os state for more than 60 days unless sanctioned by Council. On motion of Tayer and seconded by Ellman, Resolution No. 712 was unanimously adopted. CITY COUNCIL MINUTES NO. 375 March l7, 1975 Page 7 / XIII. EXECUTIVE SESSION The Chair adjourned the meeting at 11:20 p.m. to Executive Session. XIV. ADJOURNMENT There being no further business to come before the Council, the Chair declared the meeting adjourned at ll:50 p.m. R. APPROVED BY THE CITY COUNCIL ON: _...'~. AP~,i~; 4th , 1975 .... .'l~. ~._, . - \~~ ~ ALBERT ARAMBURU Mayor of the City of Tiburon CITY COUNCIL MINUTES NO. 375 March l7, 1975 Page 8 CORRECTED MINUTES CITY. OF T!BURON CITY COUNCIL MEETING I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Aramburu at 7:47 p.m., March 24. 1975, in the City Hall Council Chambers. II. 2?pLL CALL PRESENT: COtNc..::"'Jr:;',:" Aramburu, Ellman,Tayer, Littman (8:50 p.m.) COUN~LMEN: Ross ABSENT: EX OFFICIO: R. L. Kleinert, City Manager Robert I. Conn,.,City Attorney Stan1e1 Bala, City Engineer Robert E. Fosnot, Director of Community Development Stanford Lichlyter, Administrative Assistant Louis Brunini, Superintendent of Public Works Maurice Lafferty, Police Chief, Tiburon Louella Bennett, Temporary Minute Clerk III. APPROVAL OF MINUTES MINUTES NO. 371 -- Page l, the word "qualititative" deleted in second from last paragraph and "actual count' inserted. Page 2, 6th paragraph from tbe top, the first sentence deleted beginning "Determination...restaurants, etc." and the following words inserted: "Commissioner Edelstein discussed the im- portance in the traffic study of clear definition of traffic generation factors for various proposed land uses, as a working tool for the City in " helping to determine total development capacity. ..;. ., .. < ..: . ~ .,.... Page 2, 2nd paragraph from the bottom, last line, the figure "1973" inserted before "Wilbur Smith". Page 3, last line of the second paragraph, the words ''with and" inserted after the word "intersection." Page 3, sixth paragraph from the top, the words "Planning Commission" deleted and the words ''Tiburon Boulevard Design Committee" inserted. Page 3, 4th paragraph from the bottom, the words "for the EIR" inserted after the word "study" in the first sentence. Page 3, last paragraph, third line, the words "he had looked.. .wasn't important." deleted and the words "the traffic cou.nts were taken and there wasn't a serious congestion problem." inserted. Page 4, second line of second paragraph, the words "do an EIR" deleted and the words "provide addi tional studies ..:' inserted. Page 4, fifth paragraph from bottom, 3rd line, the words "for 5.5 acres east of Tiburon Boulevard" inserted after the words "suggesting 66,000". Page 5, last line of 4th paragraph, the words "to provide additional studies" inserted after the words" .....comments regarding it". On motion by Ellman, seconded by Tayer, the minutes were unamimously approved a s amended. IV. CONSENT CALENDAR The Chair directed Item 6 of the agenda under New Business, '~OUSING AND COMMUNITY DEVELOPMENT ACT OF 1974" to be moved to the Consent calendar. On motion of Tayer, seconded by Ellman, the Consent Calendar consisting of the following items was U~"1imously accepted: l. Street Repair Bid Authorization (2026 Paradise Drive) 2. Acceptance of Deed under Chapter 8 of Revenue & Taxation Code 6. Housing and Community Development Act..")f 1974. V. PUBLIC QUESTIONS & COMMENTS No questions or comments were offered for consideration by Council. CITY COUNCIL MINUTES NO. 376 March 24, 1975 Page 1 VI. REPORTS .~y CHAIRMEN OF COMMISSIONS. BOARDS AND COMMITTEES ~RKS AND RECREATION COMMISSION BY CHAIRMAN DON PICKETT Chairman Don Pickett stated the Belveron Mini-Park and Moitoza Lane projects are proceeding. The7 asked the City for a Paradise Walkway status report for their next meeting. t Under new projects, Commissioner Briaa Denton is working on a calendar of events to cover all recreational special events for a l2 month period. Scheduled for the near future are bicycle repair, safety and exhibition races for the weekend dates of April 12 and 19th to be given by the Velo Club Tamalpais, sponsored jointly by Tiburon's and Belvedere's Parks and Recreation Commissions. Kite Day will be April 5th with Commissioner Peter Berg in charge. Spring sign-ups for recreational classes are April 7 - l2, classes to begin on April 21. Ken Rosenthal has asked for financial assistance form the City to help prepare the playfield for the Little League. stated Chairman'Pickett sated that he and Peter Berg are willing to serve on the Open Space Advisory Committeeto work on plans for the acquisition of lands. Councilman Tayer commented that the calendar of community events in an excellent idea and that the school district should be included along with Belvedere. VII. PUBLIC HEARINGS l. ARCHITECTURAL AND SITE PIAN APPEAL (Applicant Rob Ham. . ACTION: APPLICA nON 112 Sugar Loaf Dr. Lot l2) GRANTED, APPEAL DENIED. The Director of Community Development introduced the item representing an appeal from a decision of the Board of Design Review made on March 5, 1975 for Site Plan and Architectural approval by five property owners and the Planning Commission. Prior to this, on January 20, 1975 the Board of Ad- justments had conditionally approved an application for variance to exceed height limit and reduce setbacks for this dwelling. The concern of the appellants is that the Board of Design Review acted incorrectly in their approval of the subject structure because its ~elght exceeds the maxi- mum height limit of 30 feet. Section 6-34 of the Tiburon Zoning. Ordinance provides that Board of Design Review may grant a six-foot extension to the 30 foot height limit for re~sons of terrain, but the structure exceeds this by 22 feet on the downslope side of the property. Mr. Fosnot fU~.ler stated the east elevation is the critical aspect and that Staff still feels the Board of Adjustments has never found the fac- tual findings that they should hav~ based on the code. He pointed out on the architectural plan, the height being 5 feet from the lowest point on the down slope side. He als~.~howed an architectural plan with simi- lar topographical features which-lIlet all the requirements of the code. He stated that variances have been granted to seven applicants for sites in this area, but those applications were under a previous height ordinance and therefore should not set a precedent for this project. Mr. Fosnot said that based on the fact that Staff felt the Board of Adjustments had insufficient findings of fact that would constitute approval, the recommend that this application be disapproved and the appeal sustained, and that Staff further recommended that the matter be remanded to the Board of Adjusements so that sufficient findings and facts can be made. To questions asked as to exactly what point on the structure the 58 ft. came to, Mr. Fosnot pointed out on the plan a point on the cupola as going the 58 ft.mark. The Chair asked if this was the new or old ord- inance and Mr. Fosnot stated it was the new one. Mr. Edelstein stated that different definitions were used by the Board of Design Review and the Board of Adjustments regarding the height. The Chair opened the public hearing. Mr. Harold Edelstein, Chairman of the Board of Design Review, apolo- gized to the applicant for the delay in bringing the public hearing on and for differences of opinion regarding ~he height limitations. He said that after the action of the Board of Design Review, he asked the City Attorney the next morning whether the proper action was taken and was told that both boards were in error. CITY COUNCIL MINUTES NO. 376 March 24. 1975 Page 2 Mr. Edelstein stated he believes the ordinance needs correction and recom- mended this consideration be limited to the Board of Design Review and suggested the matter be plac~on the Planning Commission agenda to con- sider the advisability of the Board of Adjustments and the Board of Design Review meeting together to consider applications jointly. Mr. Littman stated that before the new ordinance was adopted the height limitation was 34 feet and questioned whether the applicant might not have a right to approval under the old ordinance. Mr. Conn stated that the variance was only good for a year and had expired, and this was are-application under the new ordinance. To inquiry from the Chair whethel the Board of Design Review has the right to grant more than 6 feet, thefCjty attorney replied that it does, as stated in the ordinance but he felt that would be subject to variance proceedings and by obtaining th8 variance, the height could go over 36 ft. To a question from ~~. Edelstein as to whether the Board of AdjusDments grants the additional variance, would the Board of Design Review also have to grant the additional height, the City Attorney stated he thought not. Brian McCarthy, attorney for the applicant, Rob Ham, read from the Ordi- nance Section l7: that the Board of Adjustments may grant a variance and stated it says nothing about the Board of Design Review. He read from Section 19 of the Ordinance, "The final decision of the Planning Commission, Board of Adjustments, or Board of Design Review may be appealed.....etc." and that ..."The appeal shall be filed with the City Clerk on a form fur- nished by him within 15 (some literature says 14)days." Mr. McCarthy stated that the variance was granted in January and no appeal was filed until March l3th; therefore the appeal time for the Board of Adjustments is over; the variance is over and done with. The City Attorney commented that the question is what can the Council do now and stated that he believes the Board of Design Review has the author- ity to disapprove the height limitation regardless of the action of the Board of Adjustment. Mr. Littman seid he did not understand the City Attorney's opinion and the Chair asked the City attorney to reconsider, to which the Attorney stated he believed the Council could rule on this. Mr. Mccarthy reiterated that the Ordinance states that only the Board of Adjuscments can rule on a variance, not t~~ Board of Design Review. Mr. Gordon Strawbridge suggested ~hat in order to uphold the appellants, the City~ouncil could invite th~ applican~ to re-draw the plans to con- form to the City's requirem}nts. Mr. Robert Wayne, Chairman of the Plan- ning Commission, stated thnt two years have been spent trying to correct the wrong actions and to rsctify the errors and that it is unfortunate that the corrections have to be made on Mr. Ham's property. Mr. Littman suggested that it see~~d that Mr. Wa)~e might be more concerned with the principle involved than with its successful administration. Mr. McCarthy pointed out that precedents hava been set because of the unique terrain on variances granted for eleven property owners in this vicinity. He also stated that owners of 5 lots in the area, Lots 20 9, 29, 93, to 97 are the only ones who can see the house other than Mr. Hal Lever, who lives nexdoor. , Mt. Hal Lever, 108 Sugar Loaf Drive, Lot 3, stated that two boards have approved the design and that the neighborhood approves the design. The cupola, he said, adds all the interest, and that some of the people who have direct visibility to it like it very much. Robert Ham, the applicant, stated that he had the plan signed by the neighbors indicating their approval. Mr. Littman requested that a copy of this letter be made and put into the record. Mr. Hal Lever urged that the legal aspect of this should not be settled on Mr. Ham's house. Don Pickett remarked that he agreed with Mr. Wayne and that he did not wish to add to the three scars of visual impact which can be seen from Sausalito as you come O"le~ the hi:.l. Mr. David Coleman, architect for Mr. H~m, stated that the impact on the community is important and the builder has a distinct responsibility to those people who have to see the house. He said he considered the cup- ola to be very necessary. CITY COONC IL MINUTES NO. 376 M:1rch 24, 1975 'Do ~"" '1 After some further comments by Mr. Wayne and Mr. Edelstein, the Chair asked for a motion to close the Public Hearin& Upon motion by Tayer, seconded by Ellman, the motion to close the public hearing was unanimously approved. The Chair asked for a motion to sustain the appeal. Mayor Aramburu so moved; no second was made and the motion died for lack of a second. The Chair de- clared the application granted and the appeal denied. // VIII. OLD BUSINESS 2. JItARIIA PROJECT (Progress Report by Director of 'ACTION: Cont'd. to April 1 Comm.oity Development & TEA representatives) Board of Design Review Mtg. Director of Community Development Robert Fosnot stated that after the pre- liminary progress repo~t presented at the last meeting of Council, a meeting was arranged with Peter ~pc~wan of TEA and Allan Marks, resident manager of Hilarita. They determined that early occupancy of Hilarita will be delayed because of inclement weather and a revised construction schedule for the contractors until May 1, at which time TEA is requesting occupancy of 22 units for three buildings. Mr. Fosnot reported Staff's recommendation for the TEA to post a cash bond with the City to insure completion of landscaping and irrigation system, or a letter from HUD assuring this performance prior to final occupancy. Mr. Weed agreed the City is right and justified in preventing occupancy until everything has been accomplished but pointed out that the City has the power to permit occupancy when there is no ready and apparent danger to traffic patterns and community life and when they have assurance of completion of the project. He said that bonds already posted under terms of~~he contract and letters from HUD would assure completion and stated the reason to request for early occupancy is to acquire a nucleus of residents so that when the last shovelful of dirt is turned, the balance of residents will come to an actual growing community. The City Manager said that Resolution No. 633 is explicit about conditions of occupancy and any changes would require a resolution to amend such points by Council. He read from Resolution No. 633 the following items: 4. The subdivider shall be responsible for paying up to 50 % of the costs of the construction of a left turn lane into the Project. 5. Prior to occupancy of the Project, the drainage fees shall be paid pursuant to Ordinance No. 109 N.S., the amount there- of to be determined by the City Engineer. 6. No occupancy permit shall be is~ued until the following work has been completed to the satisfac~ion of the City Engineer: slide repaired, erosion control work completed, internal street, including paths, completed, and the left turn lane constructed. 7. Occupancy shall not be permitted of more than ninety-five (95) percent of the buildings in the Project until such time as all structures have been removed from Parcel C, and all occupants ..~ of the buildings located in Parcel C have been removed or re- located. The Chair inquired as to how many of the four items have been completed and asked about the status of the left turn lane. Mr. ~c~an stated that Williams and Burrows will not begin work until TEA satisfies them as to their solvency. The Chair requested an outline of points to be put in the resolution to be ready for the first meeting in April. Mr. Ma~wan said that on the 6th point regarding completion of paths, these will not all be done when the first build- ings are occupied, just those necessary for the first buildings and this could be worked out by amendment to the r0"0Iution. The Chair requested attention to the points to be put in the resolution so they would be ready for the first meeting in April. These points are: 1. Left turn lane 2. Drainage fees 3. Slide repair 4. Erosion control 5. Demolition 6. Percentage of occupancy prior to removal of old buildings. The City Manager stated that agreement was made to hold some units until the buildins are 95 % occupied, and Mr. 1>.. owan said that the buildings cannot be demolished until the people living in them can be relocated. The Chair sug- gested establishing 75 % or other arbitrary percentage of occupancy be with- held till completion. CITY COUNCIL MINUTES NO. 376 Mar.cp 24, 1975 Page 4 The City Manager stated that Staff and TEA can work this out and bring back at April l4th meeting. Mr~ Macgo~Tan said he didn't know how long it would take for HUD to react to request for final closing. The Di'rector of Community Development brought up the matter of accent colors and stated that when the plans were reviewed with the architect, they found that they specified five accent colors shall be used! on the exterior surface of buildings but no specific colors were indicated. He suggested that TEA's architect meet with City Staff to resolve this problem, and take to the Board of Design Review for approval. Comments were heard from a number of B~lvedere residents indicating disapproval and asking why the Planning Commission approved these colors. The Chair stated that accent colors for Hilarita can be discussed at the April lst meeting of the Board of Design Review. In respect to the roofs, Hal Edelstein stated that re-roofing would be very expensive, either by asphalt and regraveling, or by spray coating. Mr. Kowalski asked if asked if the two cities could share in the cost of repainting the roofs. The Chair suggested having the Board of Design Review look into this matter. RECESS The Chair declared a recess at 9:05 p.m., Council reconvening at 9:30 p.m., the roll standing as originally noted. 3. TIBURON BOULEVARD REALIGNMENT (Status of EIR by CAL/TRANS and consideration of realignment effect on future park) The City Manager presented the matter of the City's request to CAL/TRANS for preparation of an EIR because of recent revised environmental report require- ments, which he said would probably take about 4 to 5 months. He stated that Mr. Willys Wagner, a member of the Board of Adjustmenrs, would present his model of one realignment proposal for Council and Staff's consideration. Mr. Eiler Foss had also submitted a proposed alternative plan. Don Pickett, Chairman of the P & R Commision, stated the alignment as shown on the model did not interfere with the Parks and Recreation Plan but said that P & R had wanted it closer to the present alignment. He stated that the Commission was very concerned about the safety of the plan, especially at Stewart Drive, and would like to 10vk at other alternatives, specifically a one-lane alignment with shoulder pull-off. Other comments were made that a four-lane alignmenf would mean a considerable noise problem to the recreational areas. Itrector of Community Development Fosnot said that in terms of response to CAL/TRANS' request, they were asking for a statement as to its insignificant impact on Parks plans and two statements which could be made relating to bi~ secting the park and reduced area of park due to realignment. without The Chair suggested canvassing the P & R Commission for further comments and recommendations. Discussion continued as to th~ ~P~cific m~t~.ng ~ttt~n~t~n~~s ~ ~hi=llman stated he believed it to be~wrl.Wlfgn!ffilcaifE rm~c~anal . e added that Council's comments are supposed to be included in the impact statement (EIS). The Chair suggested that if this rs determined to be an insignificant effect on parks plans, it could be said that the alignment is compatible with comments of L the Open Space Element and Parks and Recreation plans. Mr. Wagner stated that he is making another model, one which won't come into Blackie's Pasture any farther than the railroad and which is designed to meet highway standards for a 35 mph speed. Upon request by Chair for a motion, Tayer moved the proposed alignment is com- patible with the Open Space Element as approved but that the City remains desirous that the proposed highway be moved as far back into the curve as possible. The motion was seconded by Littman and passed unanimously. 4. JOINT tRAFFIC STUDY (Proposed City/-=ounty Comprehensive ACTION: Continued Traffic Study including Mill Valley, Belvedere & Tiburon) Director of Commanity Development Fosnot stated this was an information item only, CITY COUNCIL MINUTES NO. 376 March 24, 1975 Page 5 due to the fact of County budgetary limiations, and recommended that the matter be considered further at a later date. After a brief discussion, Chair directed that the item be carried forward to the next regular Council meeting. 5. RICHARDSON BAY MULTI-USE PATH EXB\NSION (Review of City Engineer's design drawings) ACTION: Continued to 4/l4/75 City Engineer Stan Bala stated that he is still working on the possible use of decomposed granite for the MUlti-Use Path and found that it has been used in Strawberry. Mr. Bala stated that the decomposed granite doesn't last too long and that he intends to look into the material used on the track at Tamalpais High School. He stated that he definitely does not wish to use decomposed granite. The Chair asked the City Engineer if, since the Council does not meet again for three weeks, whether delaying decision on this matter until that meeting might jeopardize the Land & Water Grant in any way and whether detailed instructions would be available for that meeting. Mr. Bala replied that he would definitely have drawings and plans ready for the next meeting. He also stated that when the work commences, in order not to have the "help" of small children, the park will be closed during the week and open on weekends only and that the work should be completed in approximately two weeks. The Chair directed the matter be continued to the meeting of April 14th. VIII. NEW BUSINESS 7. SET PUBLIC HEARINGS (2nd & 3rd Year Programs for Housing ACTION: Continued to and Community Development Act) Council Mtg. of 4/28 City Manager stated that this is regarding the out-year funding of projects under the Housing and Community Development Act of 1974 and requested that ~o public hearings should be scheduled. The Chair directed that the two public hearings be set for the regular Council meetings in May, 1975. 8. TRAFFIC CODE AMENDMENTS (Regulation regarding the operation, ACTION: Continued registration and licensing of bicycles--Ordinance, 1st reading) to April 28 Meeting The City Manager stated that because of some of the proposals in the ordinance, he would like to check with some other cities to obtain further input, and requested Council to continue the matter for one month to the April 28th meeting. Councilman Tayer asked whether it was really necessary to have a bicycle commission as part of the ordinance. Mayor Aramburu stated that he would like to see an edu- cational program set up for bicyclists. On motion of Tayer, seconded by Littman, the month of April, 1975 was designated as Bicycle MOnth in the City of Tiburon. The Chair directed the ordinance be brought back for consideration and first reading at the regular council meeting of April 28. 9. TIBURON BICENTENNIAL COMMITTEE (Appointment of Commi ttee Members to assist City Representative Mrs. Eugenia Marans) The City Manager stated the work load has increased considerably for Mrs. Marans regarding the Tiburon Bicentennial festivities, and he would like to obtain names of citizens to assist Mrs. Marans. Mrs. Harans said that one of the projects that the City could pursue would be to find a good location for the Landmarks MUseum. Mrs. Harans also stated that it was their intention to have the Golden Hinde in Tiburon for a week day only. IX. STAFF REPORTS 10. REPORT ON ~y CARE CENTER (Progress Report on Center Operation) The report was approved by Council as presented. ll. ENFORCEMENT OF VEHICLE REGUIATIONS ON UNIMPROVED ROADWAYS AND OPEN SPACE AREAS (Motorcycle control on Tiburon Ridge areas) ACTION: Report Accepted Chief of Police Lafferty stated that special equipment is needed to patrol this CITY COUNCIL MINUTES NO. 376 MARCH 24, 1975 Page 6 terrain aDd outlined the special difficulties of motorcycles, four-wheel drive vehicles and the cost factors. The City Manager said he didn't believe special equipment would necessarily correct the problem. The Chair requested this matter be deferred until the normal budgetary hearings and asked that the report be accepted now. Don Pickett commented that the Parks and Recreation Commission would also consider this problem as part of their Open Space study. l2. REPORT ON TRAFFIC ANALYSIS OF SEQUOIA PACIFIC EIR ACTION: Accepted Report (Information Report of Joint City Council & Planning Commission meeting 3/5/75) Director of Community Development Fosnot presented the report and explained the average trips generated per day in some detail. Mr. Littman questioned the item of seven trips for the room unit use of the Inn and stated it seemed ex- cessive. It was decided that this figure probably includes trips made by others such as maids, etc., in addition to trips of the individuals renting the rooms. The Chair accepted the report as presented. XI. EXECUTIVE SESSION On motion by Tayer seconded by Ellman and unanimously approved, the meeting was adjourned to Executive Session at ll:53 p.m. X I I. ADJOURNMENT There being no further business to come before the Council, the Chair declared the meeting adjourned at 12:18 A.M., March 25, 1975, to the next Regular Meeting on Monday, April l4, 1975. APPROVED BY THE CITY COUNCIL ON: , 1975 of Tiburon CITY COUNCIL MINUTES No. 376 March 24, 1975 Page 7 CORRECTED MINUTES CITY OF TIBURON CITY COUNCIL MEETING I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Aramburu at 7:40 p.m., April 14# 1975, in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: ABSENT: Aramburu, Ellman, Littman, Ross, Tayer None EX OFFICIO: R. L. Kleinert, City Manager Stan Bala, City Engineer Richard Breiner, Deputy City Attorney Robert Fosnot, Director of Community Development Stanford Lichlyter, Administrative Assistant Lou Brunini, Superintendent of Public Works Maurice Lafferty, Chief of Police Muffin Nelson, Minutes Clerk III. APPROVAL OF MINUTES MINUTES NO. 375 - Page 1, under approval of minutes, second paragraph, delete repeat of the sentence beginning "Mayor Aramburu related ...... Page 2, under LAFCO, Councilman, not Commissioner, Ellman. Page 1, under Moitoza Lane Bid, last paragraph should read "it was passed unan- imously to accept the second lowest bidder in the event ...n. Paqe 2, under LAFCO, 3rd paragraph, should read "based on Councilman Ellman's draft and omitting the leading reference ...". Page 3, 4th paragraph substitute "assume" for subsume in second line and in same paraqraph, Councilman Tayer's comments should read, .....something, then turning around and attacking the action taken was not good." Page 5, 5th paragraph, second line, substitute Counsel for nCouncil". Page 6, re Moto-Cross, middle of page, describing Councilman Tayer's feelings, should read ....this ~~e was not a proper use of Blackie's Pasture and that it might interfere .." On motion of Littman, seconded by Tayer, Minutes No. 375 were unani- mously approved as amended. MINUTES NO. 376 - Page 2, 4th paragraph, Chairman Pickett "stated"; Page 3, first paragraph, ".suggested the matter be 'placed' on the ....; paragraph 2, the 'City" Attorney. Page 5, under Tiburon Boulevard Realignment, 5th paragraph, "Mr. Ellman stated he believed it to be improper to judge whether there was an insignificant impact without detailed plans and a<i:ed ..." On motion of Ellman, seconded by Littman, the minutes were unanimously approved as amended. IV. MAYORS COMMENTS Mayor Aramburu appointed Denis Rice, Ramp Harvey, Don Pickett and Peter Berg to serve on the Open Space Advisory Committee. He then acknowledged and conveyed his appreciation to various organizations, officials and his fellow Councilmen for their support and assistance the past year. V. ELECTION OF MAYOR AND MAYOR PRO TEMPORE The City Manager took the Chair and opened nominations for Mayor. Councilman Ross nominated George Ellman, seconded by Tayer1 Ellman was proclaimed Mayor by Acclamation. Mayor Ellman then assumed the Chair and opened nominations for Mayor Pro Tempore. Ross nominated Allan Littman, seconded by Tayer; Littman was proclaimed Mayor Pro Tempore by Acclamation. CITY COUNCIL MI~UTES NO. 377 April 14, 1975 Page 1 VI. CONSENT CALENDAR The City Manager advised Council that Item B had been deleted from the Consent Calendar. On recommendation of Mayor Ellman, Items "L't I "l1", and"N" were moved to Staff Reports. On motion of Aram- buru and seconded by Ross, the Consent Calendar, consisting of the following items, was unanimously accepted as amended: A. Traffic Safety Committee Reco~mendations (Set Public Hearings) B. Set Hearing .Dates For Orders To Show Cause (Zoning Violations - Illegal Second Units) C. Set Hearing Date for Order To Show Cause - (Dangerous Building, Mechanics Office, 1885 Paradise Drive) D. Encroachment (10 Audrey Court - Standard Driveway Cut) E. Acceptance of Tax Deeded Lands (Resolution. No. 713) F. Notice of Completion - Sutter Court Subdrain and Pavement nmprovement (Resolution No. 714) G. Notice of Application for ABC License Transfer (39 Main) H. Slurry Seal of Streets (Project 75-T-08) I. Solano, Mar East and Spanish Trail Overlay (Project 75-T-09) J. Support of SB 100 (Increase State Gas Tax) K. Notice of Completion - Taylor Road and Barner Lane (Res. No. 715) VII. PUBLIC QUESTIONS AND COr~~NTS 1. Mrs. Gene Marans, representing the Lyford's Cove, Old Tiburon Homeowner's Association,brought to Council's attention the deplorable condition of Main Street on Sunday morning and asked if we could look into hiring a young man to sweep it manually, thus avoiding overtime and equipment costs. Tayer said this should be referred to staff for study and recommendations. 2. Mr. Mitch Brown spoke on behalf of the Greenwood Beach Homeowners' Association and requested the City to raze the old, now vacant Ark adjacent to Blackie's Pasture. VIII. Reports by Chairmen of Commissions, Boards and Committees (1) Planning Commission Chairman Wayne briefly summarized the written report submitted to Council and Planning Commission for the First Quarter. Relative to the Zelinsky Master Plan, Councilman Ross asked where we draw the line with regard to repairs and alterations becoming major repairs requiring an EIR. Fosnot replied" there is not a definite line and each case is judged on its merits. With regard to the Residntial Review Board, Tayer clarified Agenda Item 5 as only for the purpose of appointing a City representative to a County-Wide meeting. Mayor Ellman suggested that the Planning Commission further study the matter and report back at the next Council meeting as there will be a Planning Commission meeting on April 23. (2) Pat Conti, Chairman of the Tiburon Dog Committee, presented their detailed report and indicated her Committee had worked di1jigently, holding over ten meetings and speaking at four schools on this very controversial subject. Due to the complexity of the matter and the nature of the Committee's recommendations, Mayor Ellrnan asked the City staff to review portions under their jurisdiction; the City Attorney should address himself to the recommendations and proposed ordinance and violation penalties; the Police Chief should investigate the type of enforcement necessary and the related expenses; the City Manager should look into the for- mation of the permanent COI:',:nis5ion and \vork closely with the County Humane Society. Mr. John Gill of the County Humane Society was presented and congratu- lated the Committee on thei.r excellent report; he will work with his Board of Directors and pro\ ~de the City and the Dog Committee with feedback so that we might v;ork together for the benefit of all parties. CITY COUNCIL MINUTES NO. 377 April 14, 1975 Page 2 committee Member Rupert Jernigan then explained there were three areas proposed by the Committee for dogs: (a) free areas (b) person in control must be nearby (c) on leash. He felt the crux of the problem was the need for immediate action and jurisdiction over complaints; this is not the current situation. (3) Cultural Arts Ad Hoe Committee (George Martinez, Chairman) The preliminary report was organized in terms of, function and scope; suggested cultural activities: facilities: funding; the emphasis placed on the utilization of all currently available facilities. Mayor Ellman asked that specific conclusions be reached as to the makeup of the group, i.e. number of representatives, ratio and final recommendations by next meeting. Mr. Martinez replied that certain of the recommendations were indeed final. The Mayor thanked the Committee for their dilJigence and fine report. (4) Don Pickett, Chairman of the Parks and Recreation Commission requested the floor and asked the Council to approve the purchase of a Rota-Tiller and pay an additional $350 for sodding the Little League Field at Del Mar School. Mr. Ken Rosenthal of the Little League had made a presentation at the last Parks and Recreation Commission meeting but as their community funds have already been expended for this year, they requested Council's aid. Councilman Littman moved that we approve the $350 request for re- sodding and have the Superintendent of Public Works report on a Roto-Tiller, seconded by Ross. Councilman Tayer requested a staff opinion and City Manager replied there is no money this year for Little League although last year we did support three teams. The matter should be addressed to next year as we do not have the money in the budget now. Mr. Rosenthal explained that the Little League had already spent $750 for rental fees and over $1200 to fix up the field and bleachers, dug-outs, and fences. He was shocked to learn that City sponsor- ship was not available this year as Belvedere has given $200. Aramburu, noting that the field was indeed a community resource, felt we should discuss with Belvedere the possibility of joint owner- ship of this capital equipment consistent with past recommendations of staff. Tayer made a substitute motion to purchase a Roto-Tiller and share the cost of sodding the field on a 50/50 basis with Bel- vedere, seconded by Ross. The City Manager reiterated that this was not considered a high priority item and that the funds would have to come out of some other area, perhaps equipment reserves. Richard Fromm commented that he felt the community at large was responsible and that the players themselves should fix up the field with proper adult supervision.. The vote was called and the motion passed unanimously. RECESS The Chair declared a recess at 9:15 p.m.: Council reconvening at 9:30, the roll standing as originally noted. VIII. PUBLIC HEARINGS 1. REQUEST FOR APPROVAL OF TENTATIVE AND FINAL ~1AP FOR CONDOMINIUM CON- VERSION (Lot #6 located at 6 Lyford Drive - John Riley) ACTION: RESOLUTION 1716 passed FILE: 97501 CITY COUNCIL MINUTES #377 April 14, 1975 Page 3 BO. Fosnot, Director of Community Development, presented the Planning Commission Resolution recommending approval of the tentative map for the ten condominium units at 6 Lyford Drive as all necessary conditions had been meto Fosnot noted that landscaping was the only remaining work to be done and that additional plantings had been ordered. Barbara Meislin spoke up saying there was a concrete wall on the property adjacent to Lyford Drive that was an eyesore. She said the City's needs in the area of landscaping are of particular concern as there is no one on staff who can look at plans and see them as a land- scape expert would. Aramburu moved that the public hearing be closed, seconded by Ross. Tayer moved adoption of the Resolution No. 716, Littman seconded. Aramburu noted that landscaping agreements had been placed in the CC&Rs and if Common areas of condominiums are not maintained up to par the City can maintain them and then levy an assessment. Question was called and Resolution No. 716 passed unanimously. IX. OLD BUSINESS 2. HlLARrTA (REVIEW OF CONDITIONS OF OCCUPANCY PER RESOLUTION 633) ACTION: RESOLUTION 717 PASSED WITH SPECIAL 'MINUTE ORDER' ADDITION The City Manager presented the Council with a petition signed by 227 citizens of both Belvedere and Tiburon, opposing the roof and brilli- ant accent colors of the Hilarita Project. Tayer inquired whether treBoard of Design Review had any comments in this regard at their earlier meeting. Fosnot replied that the mem- bers indeed had comments but since H.iiarita was- approved the mem- bers felt it unreasonable to request any changes especially in view of the extremely high cost of any changes. Back in the preliminary stages, both Planning Commission and Board of Design Review had approved Hilarita. Fosnot added that TEA was urging occupancy by May 1 of 22 of the 102 total units. All of the conditions of Resoll :ion 633 had been met with the exception of the completion of.the Left-turn lane. Staff, therefore recommends that Resolution 717, amending Resolution 633, be adopted approving May 1 occupancy of the upper 3 buildings. Aramburu moved we adopt Resolution 717, seconded by Ross. Aramburu inquired about fast growing trees to possibly mitigate the poor choice of colors, etc, and wondered what TEA had done regarding plantings. Fosnot noted that the landscaping plans were approved and that he had personnaly looked at them. \ Ned Weed of Belvedere spoke on behalf of TEA saying that $30,000 was set aside for landscaping which will provide 467 fast growing trees which in 2-3 years will have a tremendous impact on the look of the entire development. He also noted that the materials and colors were approved by the Planning Commission and City Council in 1971 and 1973. He mentioned that TEA would vigorously pursue all possible avenues to break up the glaring colors by landscaping. Aramburu noted that the Left-Turn Lane, although not now completed, would be prior to May 1. Ron Rouda of Belvedere was recognized and indicated that he would like evidence that the bonding on the roof would indeed not be acceptable and valid if the color were to be changed. City Engineer Ba1a suggested that perhaps the manufacturer can provide an accep- table alternative material that won't affect the bonding. Aramburu noted that Belvedere Councilman Auerbach worked for Standard Oil and should be used as a key resource in determining whether any such materials were available for roof treatment. CITY COUNCIL MINUTES NO. 377 April 14, 1975 Page 4 Mayor Ellman suggBted that TEA and Belvedere residents pursue this matter as there are still some unanswered questions. The problem is, however, now in the hands of TEA and not the Tiburon City Council. Littman added that recriminations are no good at this point. He proposed an addition to the ~er.Jlution to be noted in the Minutes as follows: Council requests that TEA work with interested citi- zens in Belvedere and Tiburon to ameliorate any visual problems caused by the roofs by way of landscaping, and if possible, reason- ably inexpensive changes in color. Ned Weed replied that TEA cer~ainly would not object to this and would do all they could to cooperate fully. Aramburu said he felt we should hold our Planning Staff respon- sible for basic landscaping requirements. Tayer suggested that TEA please review all possible remedies for the existing problems before anything final is done further and get together with our Planning Staff for advice and consultation. Tayer called the question and Resolutlon No. 717 was unanimously passed. 3. MULTI-USE PATH (APPROVAL AND BID INVITATION) ACTION: DRAWINGS APPROVED AND SENT OUT FOR BID FILE: 3055.2a City Engineer Bala stat-.ed th~.t dra~.!ings of the path were ready to be sent to Federal authorities for approval. Both the Planning Commission and the Design Review Board had approved the materials and samples were shown to the Council. Parks and Recreation Com- mission Chairman Pickett replied that the subject material had been approved for a 4' walkway and 10' bikepath. Bala added that it will require more maintenance than blacktop. Aramburu moved that Council approve the Cit}, Engineer's drawings and send them out for bid; seconded by Ross and passed unanimously. 4. RICHARDSON BAY LINE~~ PARK MASTER PLAN (COUNCIL'S CON- SIDERATION TO ADOPT SASAKI- WALKER RBLP MASTER PLAN) ACTION: Matter deferred to later in Agenda FILE: 3055.la 5. RESIDENTIAL DEVELOPHENT REVIEW BOARD (APPOINTING REPRESENTATIVE TO COUNTY- WIDE MEETING) ACTION: CONTINUED UNTIL COUNCIL'S NEXT REGULAR MEETING APRIL 28 FILE: G-74002 Fosnot explained to the Council that Supervisor Giacomini had written to each of the Richardson Bay cities requesting appoint- ment of a representative to the May 6 workshop meeting on the proposed Residential Development Review Board ordinance. At an earlier Planning Commission meeting on '2'15/15"-: the RDRB was discussed with the Commission not generally in favor of this con- cept. The Planning Commission will consider it again at its April 23 meeting and make a recommendation to the City Council. Littman moved we postpone this matter until we hear further from the Planning Commission and it was unanimously agreed to continue the matter until Council's regular April 28 meeting. 6. JOINT POWERS AGREEr1ENT BETWEEN THE PARKS AND RECREATION COM - MISSIONS OF THE CITIES OF BEL- VEDERE AND TIBURON. ACTION: DEFERRED FOR FURmE~ STUDY FILE: 1070 3030 The City Manager noted the City of Belvedere had one major concern - regarding quorum requirements. Mayor Ellman asked if there were any specific recommendations regarding changes. Ross said there should be providions for termination a3 well as for reports and mandatory reviews on perhaps a yearly basis. It should be limited to one year at first. Littman also requested an Annual Report. CITY COUNCIL MINUTES NO. 377 April 14, 1975 Page 5 Tayer didn't understand why a separate Parks and Recreation Commission was being established and he didn't think it was to be a policy making body. Aramburu felt it should be an administrative agency and all encompassing. The ~ayor suggested that Council get together with the Attorney and anyone ~nterested in this matter. Ross suggested changingthe Parks and Recreation designation on the agreement. Aramburu suggested the Council jointly edit and present to the City Attorney their ideas before the April 28 Council meeting. Tayer will assist Aramburu in reviewing the document. Ross asked if Parks and Recreation had any input. Chairman Pickett commented that they had agreed to it at their last meet- ing as a vehicle to get progress moving and the Commission felt Parks and Recreation was a good place to start on such an experimental agreement. Mayor Ellman recommended that the Council come to some con- clusions after studying the matter and getting,mare .input from Parks and.Recreation; ~ll were in agreement. 7 . .'SEQUOIA-PACIFIC FINAL EIR STATUS FILE: 300.8 (a) ACTION: New target' dates' approved. and notation of Council inserted in Sec. 3 of agreement. ~einert said that Dave Dawson of Sequoia-Pacific is interested in pursuing the final EIR and target dates have been established . using a ten 'week preparation basis from April 15. Dawson would .like same commitment from the City in regard to these dates. The Chair directed a notation that the Tiburon City Council will use its best efforts to assure that these dates are complied with. be inserted in Section III of the Agreement. 8. REALIGNMENT OF TIBURON BOULEV~.RD AT TRESTLEGELN (CONSIDE~ATION OF ALTERNATIVE PROPOSALS) ACTION: ALTERNATIVES TO HAVE FURTHER STUDY ~ND BE SUBMITTED TO CAL/TRANS FILE: 4100.1 The City Manager noted CAL/TR&~S is proceeding with the Final EIR. and has received two proposed ~lternatives to their route. The matter is before Council tonight for consideration of.both pro- posed alternatives. The City Engineer and CAL/TRANS will also provide comments regarding each of the proposal$. Mr. Willys Wagner, designer of one of the plans, explained that there were only two potentially flat areas left for recreational purposes -- one downtown and one in Blackiers Pasture. At this time, Mr. Wagner, presented a second model, a reverse of his earlier one in which the overpass is merely switched in position; he felt this would be less expensive to construct. Tayer noted that a major difference in Wagner's and CAL/TRANS' proposals was three lanes instead of 4, with four lanes obviously taking more land from Blackie's Pasture. Aramburu noted that CAL/TRANS was willing to cut their plan dO\VTI to three lanes if the City desired. The Mayor recognized Eiler Foss, proponent of another alternative plan. CAL/TRANS had responded negatively to his plan but they had not yet studied i1r. tvagners. Nr. Foss asked if he could sub- mit more detailed drawings and a complete plan 50 that his sugges- tion could be better understood. Aramburu stated that CAL/TRANS had gone over t1r. Foss' plan in detail and needed no further information but they would new study Mr. Wagners'. Aramburu further mentioned that the EIS and EIR process does not require study of alternatives. Ross suggested that Hr. Foss prepare a simple but detailed rebuttal to CAL/TRfu~S letter. CITY COUNCIL HINUTES NO. 377 April 14. 1975 Mayor Ellman noted that the road was only a part of the complete plan being studied for this area and whether we can achieve all of our gaols for the area is certainly questionable. 9. RICHARDSON BAY LINEAL PARK MASTER PLAN (Council Consider- ation of Adopting Sasaki- Walker Master Plan) ACTION: Tabled FILE: 3055.1a Ross moved that we table this matter until the next meeting to give Parks and Recreation adequate time for further study. Chairman Pickett of Parks and Recreation noted that although the Parks and Recreation Commission had voted that they could go along with The Plan, it merely showed what can be done but not what should be done. He said they did indeed need more time to refine their thinking and asked for money to support further study and drafting work. Littman said he felt the entire discussion was premature as we were still discussing realignment and that it would be terrible to wed ourselves tosuch a master plan now. The City Manager recommended the Sasaki-Walker Plan concept be adopted by the City as the basic planning document for RBLP and that it further be reviewed and modified as required. Littman moved the previous question and the matter was tabled unanimously. x. STAFF REPORTS 10. C),AIMS REGISTER - MARCH ACTION: Adopted On motion of Aramburu, seconded by Ross, Claims Register No. 129 was unanimously adopted. 11. DEVELOPMENT ADMINISTRATOR'S REPORT - March ACTION: Deferred to next meeting 12. POLICE DEPARTMENT - QUARTERLY REPORT ACTION: Deferred to next meeting XI. NEW BUSINESS 13. Aramburu proposed a resolution for Council consideration re- garding'the "Nicasio" case. Tayer moved that Resolution #719 be adopted, seconded by Ross. Aramburu explained that the City Attorney felt it proper for this Council to urge the Marin County Board of Supervisors to take a stand against the intended decision. The published intended decision affects all California cities in their enforcement of the California Environmental Quality Act. Littman said he had read that the necessary EIR had been submitted and accepted and questioned why the Council was taking this action. Question was called and the motion passed by the following vote: AYES: COUNCILMEN: Aramburu, Ellman, Ross, Tayer ABSTAIN: COUNCILMEN: Littman 14. Councilman Aramburu introduced Resolution No. 718 expressing appreciation to Nadine Luc and the Ebb Tide Newspaper for out- standing and dedicated service to the Community of Tiburon. Littman moved we adopt Resolution No. 718, seconded by Aramburu and passed unanimously. CITY COUNCIL MINUTES NO. 377 April 14, 1975 Page 7 XII~ COMMUNICATION AND CITY MANAGER ITEMS 1. Aramburu noted that he had asked the City Manager to assure the Council that the brother residing in Tiburoh who was a member of the Belvedere Police Department and part of the SWAT team had permits for his private extensive weapons collection. He felt that in Tiburon, more than in most communities, we exert a great deal of civil control and that Council should be alerted to such involvement. 2. The City Manager presented a letter from the City Attorney in Palo Alto requesting $75.00 from the City of Tiburon as we are named in the Northern California brief of a major test case. Tayer asked why the letter was fram Palo Alto and not Los Angeles as this test case had originated there. City Attorney Breiner responded th~Palo Alto was preparing the Northern California brief. The Mayor moved that we send $75.00 to Palo Alto; Aramburu seconded and the motion was passed by the following vote. AYES: COUNCILMEN: Aramburu, Ellman, Ross, Tayer ABSTAIN: COUNCILMEN: Li t tman 3. Ross submitted his resignation as Marin Representative to the ABAG Executive Board. 4. The City Manager stated that on Wednesday, April 16, LAFCO would be meeting ad the matter of Marin County Service Areas would be on their agenda. LAFCO's Executive Director is supporting the proposal to have unincorporated areas pay the full cost of County Sheriff services in their areas. 5. Mr. Kleinert advised members of the Council that Disclosure Statements were due by May 1. 6. Councilman Ross asked if the date of the Monday, May 26, meeting would be changed due to the holiday and was told it would be rescheduled for Tuesday, May 27. XIII. EXECUTIVE SESSION The Chair adjourned to Executive Session at 12:00 p.m. XIV. ADJOURNMENT There being no f~her business to come before Chair declared the meeting adjourned at 12:~ : April 28, 1975. ~ , anager/Clerk APPROVED BY THE CITY COUNCIL ON: G28~ ' 1975 GEORGE LLl Mayor of the City of Tiburon CITY COUNCIL MINUTES NO. 377 April 14, 1975 Page 8 " y CORRECTED MINUTES CITY OF TIBURON CITY COUNCIL MEETING I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor Ellman at 7:36 p.m., April 28, 1975, in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Aramburu, Ellman, Ross, Littman (7:38) Tayer(7:43) ABSENT: COUNCILMEN: None EX OFFICIO: R. L. Kleinert, City Manager Stan Bala, City Engineer Robert I. Conn, City Attorney Robert Fosnot Director of Community Development Stanford Lichlyter, Administrative Assistant Lou Brunini, Superintendent of Public Works Phil Scott, Development Administrator Maurice Lafferty, Chief of Police Muffin Nelson, Minutes Clerk III. APPROVAL OF MINUTES / Minutes No. 377 - Page 2 Item (2) under Tiburon Dog Committee, and Page 3, paragraph 3, misspelling of diligence. Page 4, first word should read Bob. On motion of Ross, second by Ellman, Minutes No. ~ 377 were unan1mously approved as amended. IV. CONSENT CALENDAR Item E, Advertisement for Bid, was moved to Old Business, Item 5, upon recommendation of Mayor Ellman. On motion of Aramburu, second by Ross, the Consent Calendar, consisting of the following items was unanimously accepted as amended: A. Claim for Damages B. Treasurer's Report - March Cash Flow C. Set Public Hearing for Amendment to Tree Ordinance (May 12, 1975) D. Encroachments - 14 Mateo Drive; Sugar ~oaf Drive V. STAFF REPORTS (1) The Police Department Quarterly Report was deferred until Chief Lafferty could be present. (2) Development Administrator's Quarterly Report - Littman noted that the budget for this Department had risen from about $15,000 in 1969-70 to nearly $80,000 presently. Aramburu moved the Coundl accept the reports, seconded by Littman, and passed unanimously. VI. PUBLIC QUESTIONS AND COMMENTS 1. Ron Nunn of 76 East View noted that the color of the new Angel Island ferry is most unpleasant. 2. Gordon Strawbridge noted that in view of the often crowded con- ditions, such as existed this evening, the City Council should expand its quarters. Tayer commented that a good auditorium had long been a need of the City and Littman added that such a facility was included in the Downtown Plan. Don Flynn asked why we don't utilize existing school buildings instead of building a new hall. Mary Price noted that the Council should at least have a speaker system. 3. The City Manager recommended Council endorsement of Mr. Herb Wenig and Mr. Irving Moulin to serve on Tiburon's Bicentennial Committee and CITY COUNCIL MINUTES NO. 378 April 28, 1975 Page 1 for Mr. Wenig to be appointed to the Marin County Bicentennial Board. Aramburu moved they be appointed to the Tiburon Committee, second by Ross. It was amended to read that Mr. Wenig also be appointed to serve as Marin County Board Member and was passed unanimously. VII. REPORTS BY CHAIRMEN OF COMMISSIONS BOARDS, AND COMMITTEES (1) Parks and Recreation Commission - Chairman Don Pickett Mr. Pickett named the projects tne Commission is currently working on and commended the efforts of their staff man, John Woodmansee. It was discovered that proper insurance coverage for the Moto-Cross Event had not been obtained and that prior to any future events, this would be carefully checked. Pickett inquired whether the current status of the proposed re-alignment proposals prevented the Commission from beginning a soccer field in part of the Richard- son Bay Lineal Park. Aramburu felt that we would soon have made sufficient headway to legally spend public funds for that on which we have plans to base ?c-",.~;:t',:)~:.1.811t and that the field could probably be begun by Fall. Littman noted that further deliberations without a final decision soon would hamper progress. Pickett mentioned that Tiburon would soon be receiving State Park Bond funds for the soccer field. (2) Southern Marin Subregional Sewerage Agency - Mr. Kleinert said that Mr. Roland Burlingame was unable to attend the meeting tonight but would be available on May 12. VIII. PUBLIC HEARINGS 1. REZONE FROM PD TO R-I (65 Main Street, Corinthian Island, R. Nunn, Applicant) ACTION: First reading passed, Second reading scheduled for May 12, 1975 FILE: The first hearing before Council was the request for rezoning from PD to R-l at 65 Main Street. Bob Fosnot, Director of Community Development, recomrr~ended a~proval of first read~ng of the ordinance. There being no opposi ti;~<.1 to the proposal, Aramburu moved public hearing be closed, seccnded::7 Ross and unanimously passed. Aramburu then moved the ordinance pass first reading, seconded by Ross. The Question was called and passed unanimously. Second reading is scheduled for May 12. 2. TRAFFIC SAFETY CO~~ITTEE RECO~ll[ENDATIONS (a) Proposed No Parking Zore ACTION: Referred to Lyford's Along Centro West Street Cove, Old Tiburon Home- owners Association Chief Lafferty, Chairman of the Traffic Safety Cammittee,presented the Committee recommendations on Centro West Street; four alternatives are possible. Ross submitted a letter from t1r. Peter R. Brown as part of the record on this matter. Many citizens were present to express their views on the proposed no parking zones. The area is a narrow, winding street with few driveways and poses a particular hazard for fire department and emergency access. Littman asked if this had been brought to the attention of the Homeowners Group and was told that the group in particular had not been notified. Several Council members questioned possible alternatives due to the controversial nature of the issue; it was pointed out by Chief Lafferty and residents that an area map was quite different from the actual field, and most plans simply would not work. Ross inquired whether there is an existing requirement for off-street parking and was told that all new buildings required such facilities. Mayor Ellman ex- plained te the residents that although the street right of way belonged to the City they could be issued an encroachment for the building of parking facilities if they applied for it. Elmo DeMartini, President~~~the Lyford's Cove, Old Tiburon Homeowner's Association, suggested their Association make a thorough study of the CITY COUNCIL MIKilTES NO. 378 April 28, 1975 Page 2 area and all alternatives, then attempt to set some policy quide- lines and submit them to the Council at the May 27 regular meeting. It was decided to refer both (a) Proposed No Parking Along Centro West Street and (d) Request For No Parking Along Mar West Street to the Homeowner's Association. The conditions, problems and possible solutions are nearly the same in both cases. (b) S'treet Lighting Along Greenwood Beach Road ACTION: Referred to Street Lighting Committee and Continued to May 27 mtg. The next matter for hearing, Street Lighting Along Greenwood Beach Road,was presented by Chief Lafferty. The residents have requested lighting for several reasons, including increased night-time bicycle traffic. Shielded lights are available from PG&E which should counter any possible protests from Reedlands residents. The Traffic Safety Committee recommended the installation of lights but made no ~ definite decision on the specific number or strength of illumination. -- 'council requested their recommendations in this regard and was told approximately 6 lights - on every other existing pole - at approxi- mately 2500 lumens each. The City Manager suggested that this be put before the Street Lighting Committee under the Board of Design Review as they are currently \ attempting to set City-wide standards and policy. A member of the Greenwood Beach Homeowner's Association suggested that the City Engin- eer, PG&E, Reedlands homeowners and any others get together soon to view the site and suggested lighting. Following this, the Greenwood Beach Homeowners Association members should get together with the Street Lightir~ Committee and consider a proposal to put before the Design Review Board. A citi~en asked if all interested residents would be notified of such a meet1ng and Aramburu stated the law provides that all those within 300 ~eet of the area in question are to be notified. The matter was cont1nued to the May 27 meeting for a report on progress. (c) Bus Zone Change at Avenida Miraflores & Tiburon Blvd. ACTION: Bus Zone To Remain Unchanged The Traffic Safety Committee recommended.that the bus zone at this intersection be moved back to its earlier position further away from the Pine Terrace intersection. S.M. Martin, Project Committee Chair- man of the Del Mar Valley Homeowner's Association, and a property owner in pine Terrace, conveyed the membership's opposition to the proposed moving of the bus stop, particularly for the safety of their children. He then advised that through the largesse of Pine Terrace residents, the bus could pull slightly into the Terrace to let people board and not affect the flow of traffic. Littman moved that the current bus zone remain unchanged, seconded by Aramburu. The pro- posal was unanimously passed and it was suggested that a letter be written to the Golden Gate Transit District and CAL/TRANS asking that drivers pull way in, and if possible, avoid all intersections. RECESS The Chair declared a recess at 9:30; Council reconvening at 9:40, the roll standing as originally noted. 3. ORDERS TO SHOW CAUSE (Zoning Violations) (a) 2280 Paradise Drive ACTION: Continued for 30 days The City Manager asked that this order be continued for 30 days as the new owner had not been properly notified. (b) 2323 Paradise Drive ACTION: Continued for 30 days Staff has received a letter from the owner stating the nuisance will be abated and the dwelling available for inspection after May 4; the City Manager asked that this be continued for 30 days also. CITY COUNCIL MINUTES NO. 378 April 28, 1975 Page 3 (e) 1885 Paradise Drive - Old Mechanics Building ACTION: Continued to next meeting Staff has received word that the owners are preparing for demolition and would like this matter continued to the next meeting. (b) 2343 Paradise Drive - ACTION: Resolution #720 for Abatement of Third Unit Passed Mr. Fosnot gave a brief overview of the problem of illegal second units in general and stated that such residences were often mis- represented by realtors. He suggested a letter be sent to the Board of Realtors of Marin County. Mr. and Mrs. Willson, owners of the property, spoke first indicating that the property to the best of their knowledge had always been three units. They purchased it with that understanding and had made several improvements on it. They assumed that a Grandfather Clause was in effect on this particular pie~e of property. They requested their property be considered an exception as it was one of the largest in the area. Elmo DeMartini, President of the Lyford's Cove, Old Tiburon Property Owners Association noted that often these illegal units are fire hazards. Ross inquired as to how the house was listed in their recent attempt to sell and was told "as a legal non-conforming triplex". Ross also asked about a "Grandfather Clause" and was told by the City Attorney that such applies only if the property had been granted non-conforming use by the County prior to incorporation. ~1rs. Willson felt that although it might be illegal they should not be punished for the county's inability to properly handle its zoning regulations and recording. Mrs. Louise Mirata, a neighbor, noted that the structure was indeed built as a single family residence. Littman stated that most of these zoning violation situations we were viewing were outgrowths of history. Tayer moved that the resolution recommended by staff be adopted, seconded by Littman who amended it to read "...is a public nuisance in that it contains three units and should only have two and thus is in violation of the zoning ordinance"... Resolution No. 720 was unanimously passed as amended. (d) 761 Tiburon Blvd. ACTION: Continued to next meeting A guest house was built on this porperty containing a kitchen which is against regulations and specifically noted on the building permit. It was found that the building had been sold about one year ago and the current owner, Joe Rims, was present. He commented the property was sold to him as a legal two-unit dwelling and showed his bill of sale. It was suggested that the former owners and the Realtor be present at the next meeting. TaY-er suggested the owner might want to obtain legal counsel. The City Manager noted that indeed a letter to the Board of Realtors for the Mayor's signature might be in order. Mayor Ellman suggested that it be in general terms and not with the specifics of the cases under consideration as, Tayer had noted, it would be extremely diffi- cult so far to conclude misrepresentation. Mayor Ellman moved the matter be continue to the next Council meeting, seconded by Aramburu and it was decided unanimously to continue the matter and the public hearing. IX. OLD BUSINESS Chief LAfferty reviewed his quarterly departmental report. He first answered Aramburu's question from the previous meeting regarding the registration of gun collections. At this time Aramburu noted for the record that he was totally in favor of strong gun control legislation. CITY COUNCIL MINUTES NO. 378 April 28, 1975 Paae 4 Lafferty noted that citizens had particularly been more alert and more frequently notified Poli~ of suspicious happenings. The Police Department was commended by both Council and residents for their excellent service. 4. RESIDENTIAL REVIEW BOARD (Council consideration of Planning Commission reco~uen- dations and representative to county-Wide meeting. ACTION: Concept of Ordinance supported with reservations: Representative to attend May 6 workshop meeting. The Planning Commission had 2~3Ged a motion opposing the County Ordi- nance which would create the Residential Development Review Boare, Fosnot stated. The City had been asked by the County to send a representative to a workshop meeting on May 6. Aramburu felt that we should attend the meeting and adopt a posi- tive stance to see what the benefits might be. This Ordinance is thought of by most as a tool to limit growth and bring more low and moderate income housing into the County. The crux of the issue is that Marin does not want the growth rate it experienced in the 50's and 60's. Several citizens present expressed the feeling that they did not wish further county participationc~ interference in the affairs of Tiburon, and this Board would create another unnecessary layer of government. Polly Smith, a Tiburon residnt and Representative on the Marin Muni- cipal Water District Board, felt that any Tiburon input regarding the proposed Residential Review Board at their workshop would be in- valuable and that the County was as concerned about growth as Tiburon. Littman inquired whether Tiburon approval of a Downtown Plan could be vetoed by the Board and qset the quota system for our area. Mrs. Smith assured him that the desires of the area could easily be worked early into the area's quota. Margaret Azevedo, a member of the Marin County Planning Commission, was also present to further explain and support the proposal. In response to questions about the compo- sition of the Review Board she noted that it was not sacred and they were open to suggestions. She felt Tiburon's initial support and investigation were most important. Gordon Strawbridge spoke as a representative of the Marin Conservation League and noted that this group approved growth control through the proposed Residential Review Board. . Littman suggested that the proposal be tested experimentally in unin- corporated areas. Ross coun"tered that it would not be a true test of orderly development if not ur::ed in all areas of the County. The City Attorney expressed some concern regarding possible future litigation fees, costs, etc. It was moved by Aramburu, seconded by Ross, that the Tiburon City Council agrees in concept with the proposed Residential Review Board Ordinance, and while having reservations on a few specific points and being concerned with legal implications, agrees to participate in future County meetings. The Roll was called and the vote was as follows: AYES: NOES: COUNCILMEN: COUNCILMEN: Aramburu, Ross, Tayer, Ellman Littman The Chair then appointed Tayer as the Tiburon Representative and Aramburu as alternate for the May 6 meeting. x. NE~^1 BUSINESS Advertisement for Bid (2026 Paradise Drive - Street Repair) ACTION: Contract awarded to low bidder Item No.5 removed from the Consent Calendar, Advertisement for Bid, was brought up. Littman moved ~hat the contract be awarded to the low bidder, Ghilotti; seco::..d.3d !)y Ararnburu and passed unanimously. CITY COUNCIL MINUTES NOo 378 April 28, 1975 Page 5 XI. COMMUNICATIONS AND CITY MANAGER ITEMS I.The City Manager presented two letters from Bert Broemmel, County Assessor, regarding assessment procedures in Marin County. On Tuesday, May 13, the Marin County Board of Supervisors is meeting on Tiburon Resolution #702 urging the Board to introduce legis- lation which would revise the California law providing that pro- perty be taxed at its value and that special legislation be intro- duced for retired or elderly citizens on fixed incomes. Littman noted the Assessor had not addressed himself specifically to his proposal that would defer taxes on "paper" appreciation until actual transfer of title and requested the City Manager to write the County Assessor again inquiring about this particular aspect. Elmo DeMartini brought forth a detailed map shewing what the Lyford's Cove - Old Tiburon Property OWner's Association felt were obvious inequalities in County assessments. He noted that the members of this group were paying 42% of the Tiburon property taxes. Attempting to get clarification, the City Manager inquired whether they could sell their homes today for the noted market value and Mr. De- Martini replied no. Littman reiterated that we were indeed plotting our own course and if this is to remain an exclusive area, our taxes will continually rise. It was noted that an investigation of the pro- posed County Police Service area for unincorporated areas might merit the support of Mr. DeMartini's group and be a more effective way of lowering taxes. Members of the Council and citizens commended Mr. De- Martini for his strong leadership and dedication. 2. The City Manager then noted that MTC has requested Council endorsement of AB 664 regarding local utilization of toll bridge revenues. Council directed a resolution be prepared and submitted at the next meeting. 3. The City Manager stated there was an opening on the LAFCO Board and Larkspur was urging the Tiburon Council to support Mrs. Barbara Violich, There was some question whether the Mayors and Councilmen could proper-' ly support a candidate and although some generally favored endorsement of strong candidates, it was decided that "Tiburon should forward a list of candidates of whom we approve. XII. EXECUTIVE SESSION The Chair adjourned to Executive Session at 12:18 a.m., April 29, 1975. XIII. ADJOURNMENT There being no further business to come before the Council, the Chair declared the meeting adjourned at 12:40 a.m., April 29, to Monday, May 12, 1975. APPROVED BY THE CITY COUNCIL ON: ,.....""\ .' ~ 1\.6_... -..J.&-1- -- / j , 1975 '1'1 i,~-- _n___ - - --- u / Mayor of the City of Tiburon CITY COUNCIL MINUTES NO. 378 April 28, 1975 Page 6 CITY OF TIBURON CITY COUNCIL ~mETING I . CALL TO ORDE-R . The regular meeting of the City-Council, City of Tiburon, State of California, was called to order by Mayor George Ellman at 7:33 p.m., Hay 12, 1975 in the City Hall Council Chambers. II.. ROLL CALL PRESENT: COUNCILr.1EN: Aramburu, Ellman, Ross, Tayer, Littman (7:45) ABSENT: COUNCILMEN: None EX OFFICIO: R. L. Kleinert, City ~anager Robert Fosnot, Director of Community Development Stanford Lichlyter, Administrative Assistant Richard Breiner, Deputy City Attorney Lou Brunini, Superintendent of Public T10rks Stan Bala, City Engineer Maurice Lafferty, Chief of Police Muffin Nelson, Minutes Clerk III. APPROVAL OF MINUTES Minutes No. 378 - Page 4, Item (d), Councilman Tayer's name corrected. IV. CONSENT CALENDAR Item 16, Old Business, Open Space Property Acquisition (acceptance of Commissioner's Master Deed) was moved to Consent Calendar upon recommen- dation of Mayor Ellman. On motion of Ross, seconded by Aramburu, the Consent Calendar, consisting of the following items, was unanimously accepted as amended: A. Set Public Hearing For Order To Show Cause - May 27, 1975 (Zoning Violation - 110 Solano Avenue - Roy Harvey) B. Set Public Hearing For Order To Show Cause - ~1ay 27, 1975 (Zoning Violation - 2379 Paradise Drive - Darryl Gisvold) C. Set Public Hearing for Circulation Element - ~1ay 27, 1975 D. Award of Bid - Slurry Seal of Streets E. Award of Bid - Solano, t1ar East and Spanish Trail OVerlay F. Treasurer's Report - April G. Claim For Damages H. Status Report on Abatement of Unauthorized Dwelling Units I. Open Space Property Acquisition (Resolution #721 for Acceptance of Commissioner's Master Deed to 60 Acre Atkinson Parcel -Reedlands) V. STAFF REPORTS Tayer moved the approval of the Claims Register, seconded by Ross, and passed unanimously. VI. QUESTIONS AND COMMENTS 1. Gordon Strawbridge, former r~ayor, noted that at this meeting crowding was not a problem but that the acoustics were indeed poor. 2. Parks & Recreation Commissioner Gray asked that Council consider the revised Joint Powers Agreement given to them earlier. Littman questioned giving the Commission the power to hire staff. Gray explained control of this would come in the budget. The City r1anager noted that budgetary allocations would not be necessary and all funding would come through user fees. Hayor Ellman noted no definitive action could be reached this evening as it was a complex issue and needed more study. Ross felt the purpose of the Agreement needed more clarification and that if it were merely an administrative body, it should not be a Commission. Littman added there was nothing to prevent more cooperation between the Tiburon and Belvedere Commissions and he'd like to see more of it without it being formalized. r1ayor Ellman requested staff to prepare a report for the next meeting including a budget estimate and funding costs. The City Manager again noted he understood it would operate solely by user fees with no necessary budget allocation. Ann Green mentioned that Belvedere had set aside money for the Child Care Center in its budget. CITY COUNCIL MINUTES NO. 379 Hay 12, 1975 Page 1 VII. REPORTS BY CHAIRMEN OE' CO~~ISSIONS, BOARDS AND CO~ll1ITTEES 1. Mr. Robert ~~ayne, Chairman of the Planning Commission, gave an update report on Planning Commission activities. He noted the Cir- culation Plan is ready; however, the Ridgelands Map he felt needed further definition as applications have been received from developers. 2. Mr. Roland BurlingamG, TibDron's Representative on the Southern Marin Subregional Sewerage Agency, indicated the Agency had been pre- paring a Marin-Sonoma Waste T:1ater Program and ~ad published a Prelimi- nary Report whi.ch recommended upgr2ding Tiburon Plant #5 and abandoning the Richardson Bay Planto He no.tcd that the matter was quite complex and that most deciaioils had been made solely on a cost-effectiveness basis. Littman asked that Con~cil be furnished the final report and expressed dismay th~t Plunt #5 would merely be upgrnded to secondary treatment level; hs felt that a ba~ely minimum level. Mr. Burlingame noted that secondary treatment was the minimum allowable by public law. The Council thanked Hr. Burlingame for his i~terest and report and expressed their appreciation at having a knowledgeable person represent Tiburon on this Agency. VIII. PUBLIC HEARINGS 1. REZONE FROM PD to R-l (65 Main Street, Corin- thian Island, R. Nunn) ACTION: Continued to Hay 27 meeting for further study Robert Fos~s~,. Director of Community Development, noted the Board of Design Review had approved ths d~elling plans ~nd it was now up for Second Reading of the Ordinnnce. upon motion of Littman, seco~d by Tayer, Public Hearing on the matter was opened. Branwell ~anning, former Mayor, spoke as a private citizen although he mentioned he ,.;as :i10vl Vice~Pres5 .::' .?:1t of the Sullivan Corpor- ation, next to the proposed site. He noted the proposal would in no way effect the Company's operations. Hr. Fanning felt the important thing was that the proposed building was not compatible with Main Street and as it was located there should be considered very carefully. He said the deck would be only 2 0' f~cm He '~_n Street and b~' follot.ATing the con- tours of the land the b~.liJ.ding would come under the 30 r height limi- tation. He mentioned thnt from his experi~1ce on Council he felt that a change from PD to R~~l 't'J':~lS n':)c a 3.o,^,nzc:ling but rather an upzoning. Planning Ch2.irm~~n Nnyn8 nc1d0d thnt all of the CO~Tlrn5.ssioner' s questions had not been ansvlercd. L:r:d hs lias uncertain of the basis for subdivision. Fanning at thin point r~o1:ed he h::ld experienced sorrL~ degree of uncertainty among the Com:nif.~sioncrs C:~3 to .the location of ..Ich'.:; lo.t in question. Ross said vie canaot as a mat~e~ of practice accept minority reports from Commission Chairmen. He added .that the Cit"- Council is not in the Desiqn Review business and that tl:is particular pr~posa2. had followed the regular processes. Littman felt that as pest Councils had specifically placed this area in PD zoning we should exercise special care in this decision. He asked that more detailed pla11s be furnished that would sho'\y the proposed dwelling in relation to the several views and surroundings. Aramburu inquired w~cther the Corinthian Island Association had been in- formed and noted tha..::' the matter did depend on your perspective. Plan- ning Commissioner t.'1a~':~r; noted the Association had approved the plans but their position was not looking at the structure from !1ain Street. !t1r. Fanning shO'\';-~d a phot-:Jgraph of the Sullivan Building depicting the lot in question and as~~ed "'chat a thorough look be taken at the property and plans. Arambura n:c"',7ed that th~ public hearing be closed, seconded by Ross, and passed una~imously. Aramburu said he felt strongly thrt we couldn't simply let statements about the ability and kno~ledge O~ our Boards go lightly or unanswered. Ross added it wa.s unfo::"t"'.lnate thr~ <:tpplicant was no.c here and again Li t- tman mentioned th8 c3..:'G-v-j.ngs '~';;:.:.~:-e jt'.st pictorial and we should use more care in this pv.l:'t~_ct1.12.:::- si tua tiO~1. Tayer asked that staff obtain a drawing or photo sh~~:i~:lg tl:~ si ~-:e and proposed bu.i lCiing from Hain Street. CITY COUNCI~ MIRUT~S NO. 379 r12.'V 12, 1975 r l.:.:;c 2 Mr. Strawbridge commented that i1ain Street was such a mishmash of architectural styles that this new building shouldn't make a difference. Mayor Ellman ordered the hearing continued until the next meeting when they would consider the requested drawings and more detailed information. RECESS The Chair declared a ECess at 9:04; Council reconvening at 9:13, the roll standing as originally noted. 2. CERTIFICATION OF FINAL EIR FOR CARN/LEWIS PLAN ACTION: Resolution #722 passed approving Final EIR The Architect, Michael Berline, the Developer, r1r. Cahn, and Mr. Heldt of Brown/Heldt, the firm preparing the Final EIR, were present for benefit of Council discussion. Hr. Berline showed slides of the site and noted the Master Proposal had been somewhat altered since the Final EIR had been completed. He noted that they had worked closely with neighbors and Associations and believed they had developed the best possible plan. Local Homeowners felt traffic and drainage were the major problems. The originally planned 37 units had been cut to 29 and 72% of the area was to be dedicated open space, 3% for roads and lanes, and 25% for housing. After opening of the public hearing, Jim Neely spoke on behalf of the Del Mar Valley Property Owners Association and noted they had indeed worked closely with the Developers and Planners. r1rs. Leth of Rock Hill spoke saying the drainage in her area needed closer scrutiny and consideration should be taken of the views looking up that will be marred. Tayer assured her that at the appropriate stage the Council would closely study the drainage matter. Thel Council was merely accepting the Final EIR and not approving the project he said. Chester Judah spoke against the development. ~lr. Cahn, the developer noted that the lots were indeed compatible with the surrounding area and would be 1/4 to 1/3 acre each. Aramburu moved the public hearing be closed, seconded by Tayer. Tayer moved the Council accept and certify the Final EIR, seconded by Ross. Fosnot noted the EIR does not merely deal with one specific project or scheme and that a new EIR would not be necessary in full should the plan be altered somewhat. Aramburu then asked several specific questions of the EIR that were answered by ~1r. Heldt. He noted the planned use of low volume toilets. It was mentioned this use might enable the developers to secure addi- tional water and sewerage hookups. Currently, only water hookups for the first phase exist. Tayer moved that Resolution #722 certifying that the Final EIR for the Cahn/Lewis flaster Plan is co~?lete be passed. Littman amended it to reach in the final paragraph "in compliance with the California Environ- mental Quality Act of 1970 as amended and the State and City guidelines" It was seconded and passed unanimously. 3. ORDER TO SHOW CAUSE (Zoning Violation - 761 Tiburon Blvd.-Joe Kims) ACTION: Continued for 90 days This matter was continued from the April 28 meeting. The present owner, Joe Kims,questioned why the City had not acted on this property for 15 years and was now doing so; he felt it unfair. Ross moved to open the public hearings, Littman seconded and it passed unanimously. Littman noted that Jim Nelson, the Real Estate agent, was in attendance. Mr. Nelson showed a document signed by the Kims stating the property was in violation of the City zoning law and that the note would be re- duced if the City decided to act on it. It was felt this case differed from the others as there were two separate houses, no parking problems, and no complaints from neighbors. .~ram- buru moved the public hearing be closed, seconded by Ross and passed unanimously. Ross moved we adopt the recommended Resolution with a one year extension for removal; seconded by Littman. As the parcel had the necessary square footage for possible subdivision, Littman submitted a sub motion that we continue the matter for 90 days while r1r. Kims pur- sues alternative solutions. The submotion was seconded by Aramburu and passed unanimously. CITY COUNCIL HINUTES NO. 379 ~1ay 12, 1975 Page 3 IX. OLD BUSINESS 1. RESOLUTION IN SUPPORT OF AB 664 (Requested by MTC) ACTION: Resolution #723 passed unanimously The City Manager explained the nature of AB 664 which would permit toll bridge revenues to be used for transit on the Trans Bay corridor, abolish the State Toll Bridge Authority, and transfer ownership to CAL/T~TS for maintenance and operation of Bay Area bridge facilities. Tayer moved the recommended resolution be passed; Ross seconded. Littman noted that he would be interested in seeing a similar resolution apply to the Golden Gate Bridge District. Question was called and the Resolution #723 passed unanimously. X. NEW BUSINESS 1. HUD NATIONAL FLOOD ACTION: Continued to nay 27 meeting INSURANCE PROGRM~ The City Manager noted the Federal Representative was unable to be at this meeting to explain the Rate Study and the Flood Hazard Boundary Hap for Tiburon but would be present at the May 27 meeting. The matter was continued to the May 27th meeting. 2. PROPOSED RULES FOR CONDUCT OF PLANNING & ZONING HEARINGS ACTION: Referred to City Attorney for Revision and return to Council on June 9 The City r1anager mentioned that the Resolution submitted was for a standard set of procedures no different from the ones normally used, but that a firm policy would be established. The need for such a document was questioned and the City Attorney replied that the law re~ quires it. Several Councilmen offered suggestions to update the wording and eliminate unnecessary phrases. Littman suggested it be returned to the City Attorney for revision and brought back to the Council at the June 9 meeting; seconded and passed unanimously. 3. CITY OF TIBURON 1975-76 MUNICIPAL BUDGET (Pre- liminary) ACTION: Hearing Dates Scheduled The City Manager presented the Preliminary Budget for 1975-76 and asked that hearing dates be set. Monday, r1ay 19 would be the first, r1onday, June 2, the next and the final meeting would tentatively be Monday, June 16. Although all Councilmen could not be present at all the meetings, these dates were deemed best. The Public is invited to the preliminary budget hearings. XI. COr~,1UNICATION AND CITY ?1ANAGER ITE1\1S 1. The City i-1anager discussed the status of the Tiburon Boulevard Realignment. He, Councilman Aramburu and f4ayor Ellman had recently met with CAL/TRANS. CAL/TRANS is studying Hr. Wagner's alternative plan and proceeding with a cost analysis. Questions were raised about the status of the Sports Green and the City r1anager replied we were pursuing acquisition of the property from CAL/TRANS. 2. The City Ilanager informed the Council that the Sequoia-Pacific Final EIR was unden~ay but the dates were revised by two additional weeks due to the final execution date of the agreement. He also noted that Dave Dawson was reluctant to pay the entire amount at once and the City Attorney had written requesting full ~ayment. Council felt this unnecessary and suggested a letter from Dawson agreeing to pay the installments would be sufficient. 3. The City 1-lanager mentioned that Assemblyman tl\]ornum had introdllced ' a sales tax reapportionment bill which would benefit Tiburon. He stated it would be discussed at the Hay 28th r.~ayors and Councilmen's meeting. XII. EXECUTIVE SESSION The Chair adjourned to Executive Session at 11:20 p.m. XI I I . l\DJOURl'-U1ENT There being no further business to come before the declared the meeting adjourned at 11:45P.~~~1 ON: U\ ~ & the Chair ;- 1975. R.L. HINUTES # 379 r1ay 12, 1975 Page 4 CITY COUNCIL CITY OF TIBURON - CORRECTED I. 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 7:35 p.m., May 19, 1975, in the City ~anager's Office. II. ROLL CALL PRESENT: COUNCILHEN: Hayor EHMMl, Aramburu, Littman, Tayer ABSENT: COUNCILMEN: Ross, Ellman EX OFFICIO: R. L. Kleinert, City Manager Stan Lichlyter, Administrative Assistant Lou Brunini, Superintendent of Public Works III. BUSINESS OF THE COUNCIL The Chair declared the meeting open for discussion and consideration of the proposed 1975-76 Preliminary City Budget. Mayor Ellman indi- cated three tentative public budget hearings have been scheduled for revier.r of the proposed budget: 1. Budget Overview (riay 19th) 2. Operating Budgets (June 2nd) 3. Capital Improvements (June 7th) The City f1anager discussed the projected revenues and expenditures for Fiscal Year 1975-76 and the estimated assessed valuation and recommendc' tax rate. He indicated the preliminary budget did not include any salary adjustments or cost-of-living increases which are now being negotiated with the two City Employee Associations. The Chair suggested staff respond to the following questions proposed by Council concerning the recommended budget: 1. What Tiburon properties have increased and decreased in assessed valuation in the past year? 2. How is personal property tax and sales tax determined and allocated regarding ownership of boats and yachts? 3. What services does the County of Marin.presently provide the resi- dents of Tiburon for their $2.38 portion of the property tax levied by the County? 4. What percentage of total police dispatcher calls handled by the City of Tiburon are from Belvedere residents, and how many Belvedere calls does the Tiburon Fire District respond to during the year? The Chair indicated that the Operating Budget and Departmental requests would be considered by the Council on t1onday, June 2, at 7:30 p.m., in the City Council Chambers. IV . ADJOURNT 1ENT The Chair adjourned the meeting at ROBE 1\1anager Clerk APPROVED BY THE CITY COUNCIL ON: 9th , 1975 CITY COUNCIL MINUTES # 380 r.IJay 19, 1975 Page 1 CORRECTED CITY OF TIBURON CITY COUNCIL r.1EETING I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of California, was called to order by Mayor George Ellman at 7:35 p.m., ~1ay 27, 1975 in the City Hall Council Chambers. I I . ROLL CALL PRESENT, COUNCIU1EN: Aramburu, ~llrnan, Ross,Tayer, Littman (7:38) EX OFFICIO: R. L. Kleinert, City Manager Robert Fosnot, Director of Community Development Stanford Lichlyter, Administrative Assistant Robert I. Conn, City Attorney Phil Scott, Development Administrator Lou Brunini, Superintendent of Public Works Stan Bala, City Engineer Maurice Lafferty, Chief of Police r1uffin Nelson, J1inutes Clerk III. APPROVAL OF r.1INUTES r..iinutes No. 379 - Page 3, paragraph 3, "The Council" corrected. The minutes were unanimously approved as amended. IV. CONSENT CALENDAR Item No.5, a Resolution in Support of the "~oby" Decision regarding Workmen's Compensation was moved to the last item on New Business? upon recommendation of Tayer. On motion of .~rarnburu, seconded by Ross, the Consent Calendar, consisting of the following items, was unanimously adopted as amended: A. Set Public Hearing for Amendments to TiDuron Zoning Ordinance - June 9, 1975 B. Set Public Hearings for Orders To Show Cause - June 9, 1975 (Zoning Violation - 854-860 Tiburon Blvd. - Harry Heifetz) C. Notice of Completion (Capital Improvements Projects) 1. Hacienda Drive 2. f1oitoza Lane Steps v. QUESTIONS AND CO~~ENTS 1. Tayer noted he felt it would now be appropriate for us to write the Tam School District and notify them of our purchase of the Atkinson pro- perty and indicate our interest in the disposal of their property ad- jacent to it and our desire to work ~~ith them. Littman added that he would be in favor of retaining the area for a high school and to be certain to note that we are not opposed to that use. It was suggested that the letter be drafted and circulated to Council before mailing. 2. Littman mentioned that it would be useful to the Council if the Staff could copy the key pages of the Belvedere budget for them. VI. REPORTS BY CHAIR1\1EN OF COr,"J'1ISSIOl\TS, BOARDS, COMl'1ITTEES Roger N,..::l~n Angelo ~1irata, Chairman of the Special Co~mittee of the Lyforn's Cove & Old Tiburon Property Owners Association, gave the Committee's report on Proposed No Parking Zones on Centro ~est and ~1ar qest Streets with maps and photographs. On a door-to-door survey of the area they reached several conclusions. They feel the major factors causing the current problem are conversions, rooming houses and growth encroachments in the right-of-way. They suggested necessary improvements be funded from a portion of gas tax revenues, and that improvements begin this year. The Committee recommended Centro T1est remain a two way street with specific areas marked no parking. Area property owners*appeared most willing to cooperate with the City and one was willing to donate a four foot easement to the City if trees could he removed from the right-of-way. CITY COUNCIL MI~UTES # 381 r1ay 27, 1975 Page 1 Littman suggested staff review and make recommendations on the findings of this Special Committee report. Parks and Recreation (Chairman Don Pickett) f1r. Pickett reported on the status of Commission activities. They now have an active 3 Man Hutch Basketball League and plan for a coed Belvedere-Tiburon volleyball league. Summer activities to be offered are Super sitters, Square Dance Class, ~1omens Protection Class and Ballet. Pickett also noted that the r1oitoza Steps would be dedicated at 5:00 p.m, on Friday, f1ay 30, and on Saturday, May 31, hanging baskets of red, whi te, and blue for -the Bicentennial, and several other planters around town would be planted. The status of the Mota-Cross Races was questioned by Pickett as the last race had bec~ c~~celled. Hare Horowitz, Race organizer, was present and stated he did not wish to continue the event in Blackie's Pasture and felt the City had not responded in good faith to his meeting of the established requirements. The City r1anager reported the chain of events as he understood them which led to the canc21lation of the last Hoto-Cross meet. He stated the city had not received a copy of the required executed insurance policy, but merely a cover letter. The problem of sound amplification and parking had also not been solved. After Council comments, ~1ayor Ellman stated he had cancelled the meet and felt that the Parks & Rec Commission should consider other race sites and procedures for such a program. VII. NEW BUSINESS #18 11ayor Ellman sugges.ted that Ne't'" Business # 18 regarding HUD National Flood Insurance be taken up as the representative from r~ashington, D.C., ~1r. Timothy Weldon, had to leave soon. Hr. l'Qeldon explained the legis- lation establishing the program and qualifications for participation. He showed a map of 'I'j_buron prepared by the U.S. Geologic Survey with special markings ahd labels for areas with insurance and flood liability. After approval and adoption of the map, Tiburon will be eligible for ION cost flood insura~ce. Questions arose regarding alteration of the map should necessary changes be made to affect the status of the marked flood hazard zones. It was noted that the map could be altered at any time existing conditions and problems were corrected. ~t1hen the final dra::'c :t-Ci)O::-t from HUD and t.he map are published, the Ci ty f'lanager ",Jill present .them to the Council for adoption. VIII. PUBLIC HEARINGS 8. REZONE FROH PD to R-l (65 Main Street, Corin- thian Island, R. Nunn ~CTION: Ordinance No. l58N.S. Adopted Upon motion of Ross, the public hearing was opened. Ross then noted that Council was M~1~ ly looking for clarification and more information. r1ayor Ellman inquired about the view from ~1ain Street of the site and Ross mentioned that the City owns that parcel of land abutting r~ain Street and the building would begin further up the hill. Littman asked about the visibility of the under?innings and supports; Mr. Nunn, the applicant, showed drawings and explained the proposed use of two wooden supports. 11ayor Ellman inquired if there were any further public questions or comments. There being none, Aramburu moved the public hearing be closed, seconded by Ross. Ross move- Ordinance 158 M.S. be read by title only, seconded by Littman. Ross then moved Ordinance 158. N.S. be adopted, seconded by Aramburu. Littman noted the architect had acted in a model manner and should be commended. The Question was called and the motion passed unanimously. 9. ORDERS TO SHOT'! Clj.USE ( Z oni no Vi,.Q.J.j:~j;.tQn ~~) A. B. C. D. 110 Solano Avenue - Roy Harvey 2379 Paradisc Dr - Darryl Gisvold 2323 Paradise Dro- Elsie Blossom 1885 Paradise D~.-SP Mechancis Bldg. ACTION: ACTION: .ACTION: ACTION: Continued Continued Abated Continued CITY COlJNCIL f1INUTES # 381 r4ay 27, 1975 Page 2 Phil Scott, Development Administrator, explained that Mr. Harvey and Dr. Gisvold had requested that the matters be continued as they were unable to attend tonight's meeting. Item D., the SP ~~echanics Bldg. was continued for 30 days as they are currently attempting to abate the nuisance. 2323 Paradise Drive was inspected upon request of the owner and the nuisance was found to be abated. r1r. Elmo deMartini questioned the Development Administrator as to when a shed becomes a building and when setbacks are required; he also asked what % of a lot can the building be. Mr. Scott would relay the infor- mation. 10. CIRCULATION ELEr1ENT OF THE TIBURON GENERAL PLAN ACTION: Referred to Community Development Department for further information. Bob Fosnot, Director of Community Development, noted that his Depart- ment had spent five months preparing a Circulation Element and pre- sented it to Council in February 1974 at which time it was suggested that Lanes, Paths, and Trails be put on the Parks & Recreation Element of the General Plan. The Planning Commission chose to deal in general- ities and leave the specifics to the City Council. In January 1975 specific recommendations were made regarding Blackie's Pasture, Harbor Drive, Beach Road and Round Hill Road, all resulting in non-resolution. Mr. Fosnot stated that he was not professionally pleased with the Planning Commission attempt at refining the earlier document into a brief four page Element. Ross inquired as to the specific disagreements Fosnot had with the report issued. Fosnot mntioned that the Implementation Section should be tied to cost improvements. Littman asked if there were any vehicle per day figures available for roads, and, if so, shouldn't they be a part of the Element? Fosnot replied that such figures were included in a January 1975 draft Element but the Planning Commission insisted the Element should be more concise. It was noted that the map included with the Circulation Element appeared to be rather specific and it would seem that here the Planning Com- mission had reached some consensus. Aramburu questioned the legal status of the m~p and Fosnot replied that it would serve as the Master Plan for streets and highways. Mayor Ellman asked why the Downtown Plan and Downtwon Area was not included and Fosnot replied that the Planning Commission is reviewing the Downtown Plan and wanted to wait until that Plan is resolved. Tayer felt the Downtown Plan was an essential part of the Circulation Element. Ross inquired why there was no discussion of ferries or other methods of transportation besides automobiles. He also felt if our professional staff was not pleased ~~e should send this report back to the Planning Commission and direct them to specific areas. Mayor Ellman agreed and noted that we definitely can't send it back without specific direction. Littman suggested that Fosnot prepare a memorandum as a framework for comments from the Council. Littman noted additionally that a fire route access across the ridge was needed and asked that the City Engineer address fire access before a decision on the Circulation Element. He also noted that any public transportation system for the area must take the terrain into consider- ation and service the hills. He noted that there was no reference in the Circulation Element to Trestle Glen either. Mayor Ellman asked if there were any public comments; Tayer moved the Public Hearings be opened, seconded, and passed unanimously. ~r. Robert Schuchardt, an Attorney representing the Sederquists, pro- perty owners on Hacienda Drive, and f1r. Paul Schiller, certified Court stenographer, were present. Mr. Schuchardt came before the Council expressing the willingness of his clients to discuss with the City the problem of access to their lots on Hacienda Drive. It appears to them that City policy is to not improve Hacienda Drive for vehicular access. CITY COUNCIL MINUTES #381 Hay 27, 1975 Page 3 Council asked for further clarification of the problem and the City Attorney informed them that this matter was nO~T in State and Federal Courts and that the City has filed notice of illegal subdivision, which has resulted in a self-induced hardship to the owners. Littman noted that as the matter is in litigation, it should be dis- cussed in Executive Session. r1r. Schuchardt mentioned that the matter has been unresolved for several years and expeditious action is hoped for. Mr. Ted Kreines, a Tiburon resident and professional planner, spoke next about the Circulation Element and expressed his disappointment with the document now under Council consideration. Aramburu moved the public hearing be closed, seconded by Ross. Aram- buru then noted that the Planning Commission should wrestle with the big problems - not the Council. He asked that Fosnot make a specific outline of the Circulation Element as a part of his memorandum to the City Council. This memorandum could then be used by the Council to give specific instructions to the Planning Commission. RECESS The Chair declared a recess at 10:02 p.m.: Council reconvening at 10:15 p.m., the roll standing as originally noted. 11. REZONE OF ASSESSORS PARCEL 60-083-02 at 1495 Tiburon Blvd. ACTION: 1st Reading of Ordinance Passed: 2nd Reading on 6/9/75 The property in question was deeded to the Be1vedere/Tiburon Landm~r:~G Society by ~1r. and Mrs. Zelinsky; the Planning Commission has apprc~8d the Rezoning ORdinance which would put the property in a more high 1 -.- regulated and controlled zone. Tonight it comes before the Council for first reading. Aramburu moved the Ordinance be read by Title Only, seconded by Litt- man. Ross moved that the public hearing be opened, seconded by Tay~~~; passed unanimously. There being no public comment, Aramburu moved the public hearing be closed, seconded by Tayer; passing unanimously. Aramburu moved the Ordinance be deemed to have passed First Reading, seconded by Littman and passed unanimously. Second Reading is set for June 9. 12. TEMPORARY USE PERMIT (Bicycle Rental at 16 Main Street) ACTION: Resolution 726 passed issuing permit The City Manager explained that Hr. Daniel Schoenfeld is requesting a temporary use permit for the operation of bicycle rentals in down- town Tiburon and staff recommends approval. Ross asked whether Mr. Schoenfeld operated the business last year, and if there were any complaints. ~1r. Schoenfeld replied he had for one month and there were no complaints. Littman asked ~~here people park who come to Tiburon to rent bicycles. Fosnot mentioned that it WO"l~ be most helpful to the City if :l1r. Schoenfeld could include a quest1.V.l4 with his rentals inquiring how they got to Tiburon, etc. Mayor Ellman added that he would appreciate reference to the Hulti-Use Path as such and also a board depicting bicycle safety rules would be good. Tayer moved that Resolution 726 issuing the temporary use permit be passed, seconded by Ross, and passed unanimously. 13. HOUSING AND CO~1UNITY DEVELOP- MENT ACT ACTION: Staff to --~- pare a list of possi0~~ projects The City Manager noted that under the Housinq and Community Develop- ment Act participation by t1arin cities, Tiburon must submit a list of projects to the Priority Setting Committee which meets in September. CITY COUNCIL MINUTES # 381 -lay 27, 1975 Page 4 The possibility of scheduling a public hearing for citizen input on the matter, or the placing of an article in the local paper was men- tioned. Several suggestions including a park for elderly citizens, historic preservation, lifetime tenancy, comfort stations downtown, drainage projects, pedestrian walkway along Paradise Drive, were proposed. 14. CULTURAL ARTS COrn4ISSION ACTION: Resolution for formation & imple- mentation to be pre- sented June 9. The City Manager explained that the work of the Ad Hoc Committee on Cultural Arts had been completed and staff now recommended the for- mation of a permanent commission. Several Councilmen questioned the mention of an auditorium as one of the Commission's long-term goals. Tayer asked that the City Attorney review the Committee's proposed make-up and function to decide whether it should be a Commission or some other body, and asked that a resolution be brought up at the next meeting setting up such a body. Some question was brought up about the name of this group and it was noted that an official name had not been selected. It was decided that this matter should be continued after discussion of the Joint Powers Agreement as perhaps there was a possibility for the Cultural Arts Group to come under the aegis of this new body. 15. BELVEDERE/TIBURON JOINT POWERS AGREEHENT ACTION: AGREEl'1ENT ADOPTED r'J/REVISIONS Although some dissatisfaction with such an agreement was noted at the last Council meeting, the City r1anager recommended adoption of the Joint Powers Agreement in that such a Commission should have more flexibility than two Parks & Rec Commissions and could coordinate Parks & Rec programs at less time and expense. The Council amended the document before them for submission to the City of Belvedere and designated the body as the "Belvedere/Tiburon Co-Ordinating Committee". Littman moved that Council adopt the Agreement as revised and have the Mayor execute the document and forward it to Belvedere for con- currence, seconded by Ross and passed unanimously. Littman then suggested that the City r1anager consider placing the activities of the "Cultural Arts Group" under the aegis of the Co- Ordinating Committee and asked that staff prepare a resolution as mentioned earlier. 16. ANIf1AL CONTROL AND ENFORCE~1ENT (S ta tus Report) ACTION: Referred back to Ad Hoc Committee for Ordinance recommendations The City r1anager noted that staff felt the present Ordinance was adequate if properly enforced. He agreed with certain suggestions in the Ad Hoc Animal Enforcement Committee's Report and stressed that education of the citizenry and proper enforcement by the Humane Society were the big problems. Littman asked what the dlllar amount of fees generated in Tiburon for for dog licenses was and whether we were indeed getting the value for our dollar. It was noted it is almost impossible for small cities to support a pound operation. Aramburu suggested the City ~anager bring the matter up with other Southern Harin ci~ies. Pat Conti, Chairman of the Ad Hoc Committee, expressed disappointment on behalf of the entire Committee with the staff report. They found it distressing and were particularly displeased that they were not contacted or asked for any of their data. They find the present Ordinance structure totally inadequate. Several citizens were present to speak on the matter and Council assured them their work was not ignored, but that there were certain CITY COUNCIL MINUTES #381 r1ay 27, 1975 Page 5 weaknesses. Council indicated the three areas they proposed would be more difficult to enforce and creation of the position of Dog Commissioner is financially impossible. Tayer noted that dog run area was included when the present Ordi- nance or "leash law" was passed in response to complaints from all neighborhoods. ~1ayor Ellman suggested that the Committee place the current ordi- nance next to their proposals and note, point by point, where changes are recommended, as it is difficult to understand how their report would alter current law having just th~ report. IX. NEW BUSINESS 17. DRAINAGE IMPROVEMENTS (City Acceptance of Drainage Improvements) ACTION: Continued to June 9 meeting 19. REDISTRIBUTION OF SALES TAX (AB 1762) ACTION: Continued Tayer moved we endorse the concept of Assemblyman Y~ornum's bill, seconded by Littman. Aramburu noted that he wouldn't support the measure if he lived in San Rafael. Mayor Ellman asked what per- centage of city revenues came from sales tax and also noted that this matter was discussed at the Conference he attended in Sacramento. Littman then added that this measure indeed might not be in our best interests if the Downtown Plan were implemented. He felt it was a matter we should not rush into. Aramburu suggested the matter be continued as it was on the agenda for the coming ~1ayors and Council- mens meeting and more information was definitely needed. 20. SB 839 (Support of SOBY Decision re Workmens Comp) ACTION: Tabled ~1ayor Ellman felt this might be in the City's interest but due to past cases and possible involvement of the State Supreme Court, the Council decided to table the matter. X. COHr.1UNICATION AND CITY riANAGER ITEJl1S 1. The Ci ty Hanager presented f1r. Dawson's wri tten agreement from Sequoia-Pacific for payment of fees due. 2. The Traffic Safety Committee and Reed Union School Oistrist have requested a state study of 'possible signalization of Lyford Drive and Tiburon Boulevard intersection. Council approved the CAL/TRANS study at no cost to the City. The study will take approximately three to four months. 3. The City ~lanager indicated he had met with Harbor Carriers re- garding their condemnation proceedings to obtain a larger ferry ter- minal in Tiburon. The City t1anager wanted Council's assurance that an EIR was definitely required and Council concurred. Littman felt it important that we resolve the Downtown Plan before this case comes to trial; they then would have to negotiate with the City. XI. EXECUTIVE SESSION The Chair adjourned to Executive Session at 12:40 a.m. XII. ADJOURNMENT There being no further business, the Chair declared journed at 1:15 a.m. to '10nday, June 2, / AP~ROVED BY THE COU~CIL ON: ~ , June 9th __ 11 / / , 1975 the meeting ad- review. CITY COUNCIL MINUTES # 381 t1ay 27, 1975 Page 6 CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The adjourn~c meeting of the City Council of the City of Tiburon, State of California, was called to order by Mayor George Ellman at 7:50 p.m. in the City Council Chambers. I I . ROLL CALL PRESENT: COUNCILMEN: Mayor Ellman, Aramburu, Tayer ABSENT: COUNCILMEN: Littman, Ross EX OFFICIO: R. L. Kleinert, City Manager Stan Lichlyter, Administrative Assistant Maurice Lafferty, Chief of Police Lou Brunini, Superintendent of Public Works Bob Fosnot, Director of Community Development III. BUSINESS OF THE COUNCIL Review of 1975-76 Preliminary Budget The Chair declared the meeting open for discussion and consideration of the DepartMental Operating Budget section of the 1975-76 Preliminary Budget. Elmo deHartini, representing the Lyford's Cove and Old Tiburon Home- owners Association, m2de a graphic presentation to the Council of in- creased costs in City operations during the past five years. These included specific departmental increases and employee salaries. f1r. deMartini suggested the budget reflect total departmental operational costs by including fringe benefits in addition to salaries. The City Manager recommended Council review each Departmental budget and, subject to any revisions, indicate only tentative approval at this time. Final approval will be considered when the budget is scheduled to come before Council for formal adoption at its regular meeting of June 23. The following departmental budgets were tenta- tively approv0d with revisions as indicated: 05 (CITY COUNCIL) 03(3) - Decreased from $600 to $200 A-03 - Salaries & Wages - transferred to General Services B-29 - Contingency - established separate departmental account 07 (CITY ATTORNEY) Clarification of hourly rate and total retainer hours requested 09 (CITY ~UlliAGER) Approved as submitted 11 (GENERAL SERVICES) Add Item B-15 (Elections) - $2,000 13 (POLICE DEPARTr1ENT) Check Dispatcher Service Costs for City of Belvedere Check cost sharing of generator installation with Fire District (Item C-30-b) 17 (CITY ENGINEER) Approved as submitted 19 (PUBLIC WORKS) Approved as submitted CITY COUNCIL MINUTES #382 June 2, 1975 Page 1 21 (COMMUNITY DEVELOPMENT) Approved as submitted 25 (PARKS & RECREATION) B(a) - 1 (Sports) Increase from $100 to $1500 B(a) - 2 (Community Activities) Increase from $7800 to $8300 27 (OPEN SPACE BOND REDE~1PTION) Approved as submitted, with further consideration regarding Open Space Tax Rate 29 (PUBLIC EMPLOYEES RETIREMENT SYSTE~) Approved as submitted * 30 (CULTURAL ARTS COMMISSION) Council requested the final budget reflect total fringe benefit costs related to employees' salaries for each operating department. IV. EXECUTIVE SESSION The Chair adjourned the meeting to Executive Session at 10:50 p.m. to discuss litigation and personnel matters. V . ADJOURNNENT There being no further business the meeting was adjourned at 11:20 p.m. to Saturday, June 7, at 9:30 a.m. in City Hall Council Chambers for review of the Capital Improvements Section of the Preliminary City Budget. APPROVED BY THE COUNCIL ON: , 1975 1 ok CULTURAL ARTS COMMISSION CITY COUNCIL MINUTES # 382 June 2, 1975 Page 2 CITY OF TIBURON CITY COUNCIL I. CALL TO ORDER The adjourned meeting of the C1ty Council of the City of Tiburon, State of California, was called to order by Mayor George Ellman at 9:50 a.m. in the City Council Chambers. I I . ROLL CALL PRESENT: COUNCILMEN: Aramburu, Littman, Ross, Tayer, Ellman EX OFFICIO: R. L. Kleinert, City ~1anager Stan Lichlyter, Administrative Assistant Lou Brunini, Superintendent of Public ~orks Robert Fosnot, Director of Community Development Stan Bala, City Engineer III. BUSINESS OF THE COUNCIL 1. Review of 1975-76 Preliminary Budqet The Chair declared the meeting open for discussion and consideration of the Capital Improvements Section of the 1975-76 Preliminary budget. The City Manager reviewed the Capital Improvements summary which re- flected the proposed Public Works and Parks & Recreation capital im- provements projects for 1975-76. This included a review of the re- stricted reserves, project funding, specific funding sources and out- year program funding. Council noted that out-year funding was not being approved at this time, nor was Council approving total 3-year program requests as indicated in the Capital Improvements summary. Staff was requested to agendize a projected five year capital improvements plan at a future date for complete City Council review and consideration. Elmo De~1artini of the Lyford Cove, Old Tiburon Property Owners Asso- ciation, requested that funds be allocated for lanes and paths in old Tiburon and not for the Richardson Bay Sports Green. Nat ~arans urged that priorities be established in regard to Capital Improve- ments expenditures. Commissioner Pat Gomez of the Parks & Recreation Commission requested funding of the proposed Esperanza Bicycle Path for the safety of children in the area. It was moved by Tayer, seconned by Littman, t- combine Items Cl and C2 under the Community Projects Section of the Capital Improvements Summary. The ti tIe of the combined 1 ine i tern \'.1ou1d nON read II Other Improvements As Approved by Ci ty Council II and loJould be budgeted in the amount of $9000. Funding is from the property development fund. The motion passed unanimously. The City Engineer reviewed the recommended downtown drainage project and required funding. He requested Council's consideration to en- large and improve the drainage outfall located at 9-11 ~1ain Street. Council suggested this be part of the total overall City improvement projects which will be considered at a later 0ate. Tayer then moved, seconded by Aramburu, that the proposed Capital Im- provements Section of the 1975-76 Preliminary Budget be tentatively approved as amended; motion passed unanimously. The City ~anager advised the Council the specific Preliminary Budget hearings have now concluded and tentative approval has been given tc ~h~ 1975-76 proposed budget. The final budget proposal as amended will be scheduled for adoption by the City Council at their regular meeting of June 23, 1975. CITY COUNCIL MINUTES #383 June 7, 1975 Page 1 2. Appeal by H. Koch of Board of Design Review Decision The City r1anager stated that he had received a copy of a letter from H. Koch to Mayor Ellman regarding an appeal of the Board of Design Review decision related to the t1artinez residence. He indicated the second hearing of the Board of Design Review on this matter was held ~1ay 13, 1975; however, a proper appeal appli- cation had not been filed by ~1r. Koch in accordance with City Ordinance. Council requested that the City T1anager contact 1'1r. Koch and re- quest that he attend the June 9 City Council meeting and show cause why his appeal should be considered by Council as the dead- line date has now expired. 3. Property Assessments and Population Ratios Littman commented on the percentages of single family, multiple dwelling and commercial property assessments in Tiburon and their relation to property assessments and population ratios for the entire County. IV . ADJOURr-.U1ENT There being no further business, the meeting was adjourned sine dine. Hanager/ClerK R. APPROVED BY THE COUNCIL ON: CITY COUNCIL r1INUTES # 383 June 7, 1975 Page 2 CORRECTED MINUTES CITY OF TIBURON CITY COUNCIL MEETING I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of California, was called to order hy 1'1ayor George Ellman at 7:38 p.m.., June 9, 1975 in the City Hall Council Chambers. I I . ROLL CALL PRESENT: COUNCILMEN: Aramburu, Ellman, Ross, Tayer (7:41), Littman(7:45) EX OFFICIO: R. L. Kleinert, Ci ty l'~anager Robert Fosnot, Director of Community Development Stanford Lichlyter, Administrative Assistant Richard Breiner, Deputy City Attorney Lou Brunini, Superintendent of Public Works Stan Bala, City Engineer Maurice Lafferty, Chief of Police Phil Scott, Development Administrator Muffin Nelson, Minutes Clerk III. APPROVAL OF MINUTES ~1inutes No. 380 - t1ayor Ellman was not present as noted. On motion of Aramburu, second by Ross, f1inutes #380 were unanimously approved as amended. T.'-1inutes No. 381 - Page 1, final paragraph, "onen homeowner identified as Roger Noden; page 2, Public Hearings, second sentence corrected to read "Ross then noted that Council was looking for clarification..." On motion of Aramburu, second by Ross, Minutes #3Rl were unanimously approved as amended. Minutes No. 382 - Aramburu amended the minutes by the addition of the separate departmental account to be established for the "Cultural Arts Commissionil. It was also noted that funding for this account will be provided from 1/6 of the Transient Tax Revenues. On motion of Aramburu, second by Ross, ~1inutes #382 were unanimously approved as amended. IV. CONSENT CALENDAR A question was raised by Littman as to the correct address for the en-. croachment permit and exactly what this entailed. Lou Brunini, Superin- tendent of Public Works explained the details and the correct address as 112 Sugarloaf Drive. The City r1anager noted that Item 6, the M~yers-Geddes State Employees' ~1edical and Hospital Care Act would be continued. Tayer questioned Item No.7, Amendments to the Land and Hater Grant Application and whether this moved funding from one act to another. By motion of Ararnburu, seconded by Ross, the Consent Calendar, consis- ting of the following items, was unanimously accepted as amended: A. Progress Report on Abatement of Un-Authorized Dwelling Units B. Set Public Hearings for Orders To Sh~~ Cause (Zoning Violations) a. 2280 Paradise Drive - Ro ert Burgess b. 1820 Centro West - Christoph Eising c. 2295 Centro West - Jeffr~y Bellinger d. 1901 'iar gest - Christopher Layton C. Register of Claims D. Encroachment Permits (Driveway Approach) a. 112 Sugarloaf Drive b. 26 Mateo Drive E. Amendments to Land and t1ater Grant Application V. QUESTIONS AND CO~~1ENTS 1. Harlan Koch, 89 Sugar10af Drive, was present to formally appeal to Council and show cause why he shou1n be permitterl to have his appeal considered by Council although he did not file according to standard City procedures. CITY COUNCIL 1'1INUTES # 384 June 9, 1975 Page 1 After both Mr. Koch and r.1r. George Martin~, owner of the proposed residence at 91 Eu~arloaf Drive, were questioned by Council, r1r. Littman moved that should Hr. Koch perfect his appeal within five days, a hearing would be held and full determination would be made at the next City Council meeting on June 23. After further discussion of normal procedures and dates for an appeal, t1r. Tayer amended the motion to ".. perfect his appeal by the close of business Thursday, June 12 ..." Littman seconded, the question was called and the motion carried: AYES: NOES: COUNCILMEN: COUNCILMEN: Tayer, Littman, Ellman Aramburu, Ross 2. Dr. William Atchley of 1721 ~1.ar West spoke regarding the house next to his. He felt it a serious threat in terms of fire, health, and safety and wondered what could be done by the City about this. The City Manager noted the lessee of the property in question had been in touch with him earlier and had asked that the City re-inspect the property and condemn it if necessary. Mr. Danova, the lessee, asked the City Council to act. Mayor Ellman replied that Council would consider the matter at their next meeting if it had not been resolved before then, but that Council could not take any action tonight. 3. Tinman t'7alker spoke in support of the proposed bicycle path at Esperanza Lane, especially because of the blind and unsafe inter- section near Tiburon School. Councilman Aramburu advised Tinman that he should approach the Parks and Recreation Commission as there are certain discretionary funds available which could be used for this purpose. Ross commented there is a great need for bicycle safety education in the community. 4. Aramburu noted that a resolution had been passed by Corte Madera regarding the proposals for Doyle Drive by the Golden Gate Bridge District, and suggested that Mayor Ellman send a letter on Council's behalf -G~~-i-n<j the action taken of the Corte Madera Town Council 0 supporting The City Manager noted that we had just been requested by the County Counsel to join as amicus curiea in a suit on the same matter. Aram- buru moved that we do join the suit, seconded by Ross. The motion passed unanimously and the City ~anager was instructed to notify the County Counsel of the Council decision. VI. REPORTS BY CHAIRMEN OF BOARDS, C()T''lf.1ISSIONS Planning Commission Chairman Bob Wayne relayed the Commission's feel- ings on the Circulation Element presented to Council and discussed at their last meeting. The Commission had felt it was Council's desire to have a concise document. He noted it was not possible at this time to compile information on the DO"lnto~.m Plan and its impacts but that it would be included in the Sequoia-Pacific EIR. He said the Circulation Element presented was purposely left open for future trans- portation plans and updating could occur as needs changed. The Com- mission thought this was the kind of document desired and that statis- tics were not currently relevant. Tayer commented that if the Planning Commission is not gathering such data, then who is. He felt the Element they received does not tell the Council what it needs to know to make proper decisions on the Downtown Plan. He stressed that public transportation usage must be estimated so we don't ei ther over or under plan. l"1ayne noted that the word "transportation" had been carefully deleted from the EleIY1ent. r1ayor Ellman saia he felt it would be appropriate for Council and the Planning Commission to meet soon. Mr. Fosnot noted that his memoran- dum containing what he deemed the necessary framework for a Circulation Element would be submitted to the Council and they could work from this list of recommendations at their ,Joint r.1eeting. T'~rs. Figari felt the City should consider transportation for senior citizens in our Element. CITY COUNCIL ~1INUTES # 384 June 9, 1975 Page 2 VII. PUBLIC HEARINGS ORDERS TO SHO~ CAUSE a. 110 Solano Avenue 9. ACTION: Resolution #728 passed ordering abatement ~~r. Fosnot explained that 110 Solano had a 3rd uni~ exis~1ng on an R2 zoned lot - an illegal non-conforming use. Littman inquired whether the Residential Report was issued ann staff replied yes, the buyer had signed the card. Hayor Ellman noted that this continues to be a prob- lem and that staff should study and draft an amendment to the ordinance requiring the City to get a written receipt signed by the seller or agent as well as the buyer. Ross moved the Public Hearing he opened, seconded by Tayer. ~r. Roy Harvey, owner of the property, spoke saying there was some confusion as he had discussed the matter with the County where early records show the third existing unit as being taxed continually. Aramburu moved the Public Hearing be closed, seconded by ~oss. Council learned this had been a judicial sale and noted it was unfortunate t1.r. Harvey was misled by the County. Aramhuru mentioned there was no statute of limitations on zoninq matters and the ~.ssessor's Office seems to disregard zoning in their assessments. Tayer moved Resolution #728 calling for abatement be adopted, seconded by Ross and passed unanimously. Phil Scott, Development Administrator noted that Realtors and Building Officials were currently studying existing requlations and were con- ~idering having zoning and inspection information detailed durinq Escrow. ACTION: Continued until cor- rection of building code violations J. 2379 Paradise Drive A shed existing in the rear yard at the above address needs minor work done to correct Building Code violations. Although the neighbors are concerned about the shed size, current ordinance noes not prohibit it. ~he City ~anager noted that the property alterations were not reviewed by the Board of Design Review and that initially a huilding permit had not been requested or issued, by ~vas subsequently received by the pro- perty owner. . Tayer moved to open Public Hearing, seconded by Ross. El~o De~1artini noted this structure was stretching any nefinition of a shed. Ross agreed there were many examples of this in the community. Staff Made no recommendation for action other than that the required repairs for the firewall separation and the heating stove be made. Commissioner Edelstein commented that we should see that everything goes through the Board of Design Review. ~1r. Del'1.artini added that we can't let this structure set precedent. Tayer moved the Public Hearing be closed, seconded by Aramburu. No action was taken pending correction of the building code violations. c. 854-860 Tiburon Blvd. ACTION: Continued to 6/23/75 Attorney representing r1r. Harry Heifetz, o~~ner of the property, re- quested continuance of the matter for two weeks while he investigated the situation. Tayer moved it be continued, seconded by ARamburu and passed unanimously. 10. REZONE OF ASSESSOR'S PARCEL 60-083-02 at 1495 TIBURON BLVD. FROH R-3 to PD ACTION: ORDINANCE 159 N.S. passed second reading Littman moved the Ordinance be read by Title Only, seconded by Tayer. Littman moved the Ordinance be deemed to pass second reading, seconded by Tayer and passed unanimously. CITY COUNCIL MINUTES # 384 June 9, 1975 Page 3 11. AMENDMENTS TO TIBURON ZONIMG ORDINANCE ACTION: Continued ~1r. Fosnot explained that Planning Commissioner Edelstein ~Tas nresent to discuss the proposed Zoninq Ordinance amendments with Council. All of the amendments are concerned with height and grades. Littman conveyed the sense of the Council in not vlishing to act on the matter this evening. Tayer inquired as to whether consideration had been given to merging the two existing Boards. Edelstein commented they had tried it at their last meeting and found it quite successful although their functions are not necessarily the same. Several aspects of the proposed amendments and questions were raised by Council and the City Attorney. Mayor Ellman said the amendments would be continued to the next meetinq. Ross complimented Mr. Edel- stein on his diligence and dedication. VIII. OLD BUSINESS 12. TIBURON DRAINAGE )I,lASTER PLAN 1974 (Approval of ~inor Re- visions by City Engineer) ACTION: Accepted Tiburon Master Drainage Plan, 1974 as amen~ed. Before considering drainage fees and drainage improvements, the City ~1anager explained that it would be necessary for Council to approve the amended version of the Tihuron DRainage ~1aster Plan 1974 with minor revisions. Tayer moved Council accept the !1aster Plan as amen- ded, seconded by Aramburu. Question was called and the Report was ~. · unanimously accepted as amended. . 13. ESTABLISHING DRAINAGE FEES FOR BELVERON, r1IRAFLORES & ROC!{ HILL l1ATERSHEDS 7\CTION: Ordinance passed First Reading Tayer moved the Ordinance be read by Title Only, seconded by Ross. Tayer then moved the Ordinance be deemed to pass first reading, seconded by Ross. ~rs. Figari noted that she did not have all the necessary information on the proposed ordinance and it was her understanding that the special DRainage Committee would advise her of forthcoming action. ~ayor Ellman replied that information was available at City Hall for any interested citizens and that there were two readings necessary before an Ordinance could become effective and she should obtain all the data prior to the second reading at the next meeting. Ross questioned the basis for the drainage fees and the City Rnqineer replied that he had estimated the total cost of all drainage improve- ment, including existing facilities acceptable to the City. Littman felt the leverage of such fees was a denial of equal protection as the total cost was put on new houses. The City Engineer noted that if there are no building permits issuen, a tax cannot be levied; he noted that he had attem~ted to spread the cost evenly throughout the entire watershed areao Aramburu added that fees derived from the remaining undevelo~ed land would result in only a fraction of the total dollars needed. Ross asked if there was a possible plan wherein all could pay a share of the cost. He felt an inducement might be that funds collected cannot be released until all necessary funds for a specific watershed are collected. The question was called and the Ordinance passed First Reading by the following vote: 7\YES: COUNCILHEN: NOES: COUNCILi'1EN: Tayer, Aramburu, Ellman Littman, Ross CITY COUNCIL MINUTES # 384 June 9, 1975 Page 4 14. DRAINAGE IHPROVEf1ENTS (Policy Considerations) ACTION: Continued; Further information requested Tayer moved Council accept the proposed Drainage Improvements Policy in concept, subject to receiving more precise information; seconded by Littman and pas~ed unanimously. The City Engineer explained he felt the term II applic2.blc CiJcy sta:1c:,-o.rds" Wc.'i.S sufficient as there were al~'I7ays deviations alia it \vould be impossible to cover everything. The Council reques.lced J~'ecoIilmendations on a stricter policy framework. 15. PROPOSED RULES FOR CONDl3e-r OF PLANNING AND ZONING HEARIN.~jS ACTION: Resolution #729 Adopted Ci ty Attorney riot~:::J t:hi:; ::;;_.m::; bC1CJ~ l~'eforc Council "Ii th the recommended revisions 2.nd \vc,::cllir:s to m~:;c~ StL~te rGquirements. Littman suggested two addi tional clarifylng Clr:1cndrClcnts: Article 8, Questioninq 0.0: third liD8, follo~ing '1ayor, delete "whether by members or the Co~..:ncil orll, i.-'.r. .'~. . (.c~ '..(~.':c all ~Tords inside parentheses, having it the:! read II ... )\1ayor, by persons in attendance, shall be done ...". Article 1, Genc:::'a~_, Li~1e 11, delete the ~/.lords "directory and n Aramburu moved that R~Gclt:t.ion ~F729 be adopted as amended, seconded by Ross and unanimously approved. .A.CTION: REsolution #730 Adopted 16. CULTURAL ARTS COQr.1ISSION (Formation & Impleme~tation) It was noted tha-'c c~I-t:hougL the Com:inissic:1 ""Quld not be placed directly under the aegis of the newly.-formed Co-Ordinating Committee, there was nothing to preclude that body from acting as its fiscal agent if desired. The Ci.l~:i" i'1L,-:':'~':SCl~ advi sed thCl t appoin-cment of members would be the same 2.S for 2.~lY GL:c~' City BOu.:cd or Comrnission. Littman moved the"1- t ~~c:::(:;J ~:~J-.:i:)n ~r ',3,,} be C'..(..~opted, seconded by Aramburu, and it passed UnLll.i.~_~..,~u31y.. IX. CG:'.11'1:G~\LCC]~'i_1IGlj X~T\JD CITY r'r.~NAGER ITEr'lS 1. .A.ramburu noJ~cd .1__1'.:; }..::::~~ tJ~~ c:~ ,-,l~.-~cil h(l.j recei 'v"'~d regarding the use of the City's Dc).. n~_.';~' 'l"Ct:.:".:I..3 C01..:..:;,:'i:s fer ~he Pacific Coast Junior Championships. 1_L'~~,~':2:_' :C"J-~2.:i '::r.l.~l':: \'7~ r2ject the request, seconded by Ross. The motio:'l ;:;:.:.:t.~_.,<~ J""'y ~:L.~-2 fcll:..).,!i::g vct.e: AYES: ABSTAIN: CCUi.;CILrj.;~~'-!: ~~-r_'~~-'c:::, ~.;i "Ltm:".l1, T.~~lrr.2.n. :Ross COUNCIL~1E~~: l::L'(~":-"l;"hl::-~. 2. In regard to the Old Ark, located on City property by Blackie's Pasture, the City Manager noted that we had no response to our ads and asked Council's pe:LFlissi.on to raZG or salvage the Ark's wood. They agreed to the dc~~li.tiG~, but not bur~~~;o 3. The City r~1anag('r not2d th~:..t Belvedere Councilman Auerbach had requested official Council decisiol1 on the Hilarita "red roofs". It t",as the sense of -i:he Council that the red roofs were here and would remain until the bright.i:C3S ~!;.:ls ameliorated ~y we~.r or plant growth. 4. The City Hanel.<jc:!"" indicateil that Belvedere had requested assis- tance in emptying th~ir Sil~ Pond located near LAgoon Drive as they did not have the propel.~ '" r"'_::'_~:::~2'~':...::'. Council indicated. that if our equipment could do th8 tvork and was available that staff coordinate the work with Belvedere and charge them accordingly. X. EXECUTIVE SESSION The Chair adjou~ncd to Executive Sessio~ at 11:20 p.m. XI . 1\.D,=-::~j2L~T'.~E~1'Il There being no furthc~ Dusi~sss, journed at 11:45 p.m. APPROVED BY TH:3 ccur;C:J:I.. CN~ .--, 23rd/A , 10'1' 5 r.1;-:;lJ?ES 4~ 33-1 June 9, 1975 Page 5 I Co ({ A ~ e'n:-" IV) , ,,'VTes ~ ~ CITY OF TIBURON CITY COUNCIL HEETING I . CALL TO ORDER The regular meeting of the City Council of the City of Tiburon, State of California, was called to order by Hayor George Ellman at 7:35 p~m. in the City Council Chambers. II. ROLL CALL PRESENT: ABSENT: COUNCILMEN: Aramburu, ~oss, Ellman, Littman (8:35) Tayer EX OFFICIO: R. L. Kleinert, City Manager Stan Lichlyter, Aaministrative Assistant Robert Fosnot, Director of Community Development f-1artha Mullin, Associate Planner Phil Scott, Development Administrator Jesper Strangaard, Deputy City Engineer Richard Breiner, Deputy City Attorney Maurice Lafferty, Chief of Police 1'1uffin Nelson, r..iinutes Clerk III. APPROVAL OF MINUTES ~1inutes No. 383 - unanimously approved as submitted. T'1.inutes No. 384 - Page 2, spelling of 1'1artinez corrected. Page 2, Item 4, last line corrected to read "...behalf supportiftg the action of the Corte 1\1adera TO'rln Council." On motion of Aramburu, seconded by Ross, ~1inutes #384 were unanimously approved as amended. IV. CONSENT CALENDAR Ross inquired about Item 6, Notice of Completion of Belveron Garde~~ Mini Park: as the Parks and Recreation Commission Chairman would p~e- sent a report later, Item 6 was deferred. Staff recommended continuance of Item 4, To Set Public Hearings For Amendments to Sections 10-4, 10-10, and 11 of 9 N.S. Tiburon Zoning Ordinance, and Item 7,<the Resolution for the Use Permit Renewal of' the m.~ Parking Lot was amended requiring trees be replaced and con- ditions be met by August 1 for approval of the Use Permit. On motion of Ar.amburu, second by Ross, the Consent Calendar, consisting of the following items, was unanimously accepted as amended: A. Treasurer · s Report - Jl1ay B. Encroachment Permits 1. 91 Sugarloaf - Driveway Approach 2. 115 Ge1dert - Driveway Approach 3. 587 Virginia Drive - Fence " 4. 1895 ~1ountain View Drive - Driveway Approach Reconstruction c. Claim for Damages D. Use Permit (Annual Rene'~al of Nr'1P Use Permit for Parking Lot) . E. Execution of Belvedere/Tiburon Joint Exercise of Powers Agree- ment for Parks and Recreation as amended. v. APPOINTMENTS TO BO~RDS AND CO~~1ISSION8 ~1ayor Ellman noted that the Council would fill vac~nt_positions on various City Boards, Commissions, and Committees in the next month. He announced the first appointment, Tammi Fraser of Belveron to the Parks and Recreation Commission. .<' VI . QUESTIONS AND COMr1ENTS 1. Angelo Mirata spoke on behalf of the Tiburon Property Owners' Association offering their assistance to the City in clearing the CITY COUNCIL r1INUTES 4 385 June 23, 1975 Page 1 area at Mar Best and Esperanza Lane for a bicycle path;in turn, the assistance of the City Engineer is needed to survey the land cleared. The City ~1anager noted ,that Parks and Recreation would consi~er the. path again but concern was with the cost -- estimated now at $15,000 for a paved path. The Landmarks Society had earlier agreed to pro- vide access and an easement from the current property o~mer may be necessary. The Mayor told Mr. Mirata that Councilman Ross would assist them with this project. 2. The City ~anager introduced Mr. Rcb2rt Miper who is now repre- senting the Reedlands Homeowners Groupo VII. STAFF REPORTS 7X. Proposed No Parkinq Alonq Centro T,lest and 1'1ar T'lest Streets Police Chief Mike Lafferty reported that the Traffic Safety Committee went along the above streets with Anqelo ~1irata of the Citizens' Committee and reviewed both the Committee's and the City Engineer's recommendations. Aramburu asked for their final recommendation and Chief Lafferty explained that the first was to amend the current Ordinance by re- placing "center line" with "meandering line". This meandering line, could then accommodate parking in places where the road is wider than required; however, ~ain Street will not be included. ~ayor Ellman suggested a twice yearly scheduled trimming of roadside vegetation to give drivers a clearer line of demarkation as the- public right-of-\Alay i:3 Ci ty responsibility. r1r. 1I1irata questioned i the high estimate for making an easement donation into parkingspac~s. Ross felt this was not the best solution as the dollars would be spent for the be~cfit of a fe\v. Ross added he would like to see a specific diagram shouing wD2re the meandering line would be place9_ Staff was requested to prepare a draft ordinance and a map showing the contemplated loca.tion of the meandering line. Aramburu noted he "lould al~o like ":0 consider the Ci ty Engineer's other recommendaticns at th2 [~.J.1~C \':~r!1C ;'-'..8 the draft and map. Ross moved we continue tL3 mattcy until ~he City Engineer and Director of Public ~~lorks arc present; ~:ne motion cE'.rried unanimously. Recommendation "d" COLCC:i:"~1il:'] reduction of speed 1imi ts ~7as briefly discussed. The 1"1ayor asked the Chief nbout the cost of reducing the speed limit in those area; th8 Chief replied it would he neces~ary to change our pricLities. The Deputy City Engineer mentioned it was not recommended :;~h3.t speed limi ts be lC\'~0red as it would not have that significant effect on the proble~. B. Greenwood Beach Road Street Liqhtinq The Traffic Safety Co~mittee recommended that 6 shielde~ liqhts of no more than 2500 lumens each be placed along Greenwood Reach Road. Qn ~ay 2 the Homeowners were shown the propos eo light placement by the6 City Engineer; staff has since received only one comment. The Com-' mittee still feels the lighting is needed and recommends the City ~ianager and Council proceed with installation. Aramburu moved the adoption of the staff recownendation, seconded by Ross. Aramhuru then amended the motion to include review of the proposed installation by both the Reedlands Homeowners and Greenwood Beach Homeowners Asso- ciation; seconded by Ross. The motion as amended passed unanimously_ VIII. REPORTS BY CHAIRfl1EN OF COt-.1rt1ISSIONS Former Parks and Recreation CCInrl1ission Chairman Don pickett presented the Annual Report in accord~nce with Ordinance and suggested that in the future a compilation of mon~hly reports be acceptable. He introduced the new ChairmLln, Peter Ec::rg. Aramburu moved the Annual Report be received and their '''fork cOFlrnended; seconded by Ross and passed unanimously. CITY CGuN~IL f.:tlbCi'ES ~f 385 June 23, 1975 Page 2 ~1r. Berg presented a report on the current work of the Commission. One of their priorities will be to review Open Space Lands and sub~ mit a priority list to the County for possible coordination. He then discussed Belveron Gardens ~ini Park and noted the items the Commission felt needed further checking. The ~1ayor inquired whether these items were serious enough to hold off approving the notice of completion. The Deputy City Engineer mentioned that we still hold a 10% bond and he felt all items were easily correctabla. The completion date will be 45 days from Approval of the Notice when the construction fence protecting grass growth is taken down. Hr.~ Berg agreed with the Engineer's analysis and Ross moved adoption of the Notice of Completion (Resolution #732); the motion carried unani- mously. It was also noted that Ayala Day would be September 20 and that Jeff Knight and Dave Teather were Co-Chairmen, an~ that the Parks and Rec- reation Commission had approved $200 for the Landmarks Society Summer ~1usic Program. IX. PUBLIC HEARINGS t1ayor Ellman noted prior to the start of Public Hearings that Items 12, 17, 18 and 19 had been set for tomorrow night's adjourned meet1ng. 11. N'1ENDMENT OF PRECISE PLAN 7-11 Main Street - F. Zelinsky, Applicant ACTION: Resolution #133 as amended adopted '.: The Director of Community Development explained that staff recomme~ds adoption of these amendments to the Precise Plan subject to the con- ditions set forth by the Planning Commission. Mr. Fred Zelinsky, applicant, rlr. Lou Sabella, Manager of the proposed restaurant, and f1r. Mario Gaidano, architect, were present. Ross moved the Public Hearing be opened, seconded by Aramburu. r.1r! Sabella explained the operation they were planning. The matter of' parking spaces was discussed and ~1ro Sabella noted he hoped to secpre more than the required number and provide valet parking for customers. Nat ~1arans inquired as to the type of II take out II service available; ~.1r. Sabella answered it would not be an II eat and Nalk" like Fisherman's ~harf. The Mayor wondered what control the.City has over valet pa~- king. The City r1anager replied that we have no such experience anp perhaps a use permi t ~^lould be required. f'1:r. Berg added that 1'1ain . Street Parking should also be revi# as current problems would be .~ increased by the new operation. -- Mr. Phil Molten questioned the cold storage facility. Mr. Fosnot replied that detailed plans would be submitted by the architect for approval after amendments to the Precise Plan were approved. Aramburu moved the public hearing be closed, seconded by Littman and passed unanimously. Aramburu questioned the double parking problem and entertainment and it was suggeste0 they be put forth as provisions of the resolution. Littman moved for adoption of the resolution; . the motion died for lack of second. Mre Fosnot suggested continuapce of the matter as staff would like to look further into the enter- tainment and liability of the public promenade issues. Littman inquired whether the City could be liable for accidents on. the promenade. Mayor Ellman suggested these matters be worked out during the recess as our next regular meeting would be on July 28. Pu 6LI(!.. Qu5.'::>"r, ONS ~ c..Om meN-rSJ C!.ONI' O. I. \ The City r1anager then noted that there were some items which should have been brought up before und~r Questions and Comments which sho~ld be covered before Recess. 1. Regarding Hilarita, according to Resolution, the final 5% occu- pancy cannot take place until the old buildings have been demolished. TEA recommends that the foundations be kept as they have possible ' recreational use. Peter Berg noted that he went through the area and felt that some foundations indeed could help retain the soil or CITY COUNCIL MINUTES #385 June 23, 1975 Page 3 had possible recreational use; others should be removed 0 Littma~ moved that as a condition of final occupancy at Hilarita, all.. buildings be taken down, including the foundations, save those .~ determined should not be removed as recommended by the Parks and Recreation Commission. Ross seconded the motion and it passed unanimously. 2. Mr. Danova, tenant at 1731 f1ar West, commented on the Inspection Report he received from the City on the house he occupies. The City Manager noted that the agents, Frank Howard Allen & Co., had repaired the sewer. Mr. Danova still feels the house is substandard. Although the City of Tiburon is not to blame, he wants them to take strong action the make the house habitable or he will have to re~ult to litigation. Aramhuru asked the City Attorney if the City had indeed gone as far as possible o~ if there were areas where the City should act. He rbplied we had done all possible and the City Manager noted the serious problem had been handled and it was now a matter between the tenant, the present owner and the agent. Dr. William Atchley, the neighbor, noted the house was in violation of building codes and suggested an independent assessment would be in order. RECESS The Chair declared a recess at 9:32 p.m.; council reconvened at 9:43, the roll standing as originally noted. 11. M~ENDMENT TO PRECISE PLAN ACTION: Resolution #733 adopted as amended The matter was continued from prior to the Recess and Hro Fosnot explained that three new eonditions (#8-10) would be attached to the Resolution clarifying previous questions. Littman further refined Condition #8 to read II o. subject to the applicant's main- taining the promenade in a safe condition and that he provides proof of insurance." #9 is to ~ead "Entertainment is subject to a use permit", and #10 that ..."Take-out food and valet parking be subject to a use permit prior ~o the issuance of a building permit. Aramburu moved that Resolution ~, 133 be adopted as amended, seconded by Ross. Aramburu "t.:!1en asJ::ed if the applicant agrees ~^,i th the ne\^T conditions, and also if they conform to the wishes of the Planning Commission; both received affirmative answers.. The question. was called and the motion carried unanimously. The matter now will come b~ck to the DepartMent of Community Development and the Board of Design Review for detailed architectural plans. 13. APPEAL OF BOARD OF DESIGN REVIET'] Harlan Koch, Appellant ACTION: Appeal d~nie~ ~1r. Fosnot gave a brief history of the matter and noted that staff recommends Council uphold the earlier Board decision. ~1artha ~1ullin, Associate Planner, showed the house plans and a map plotting view obstruction. The Mayor then noted that he would like 10 minute statements from each party and then the public and Council could speak followed by a 3 minute rebuttal for each party. Ross movep the Public Hearing 02 opened, seconded by Littman and carried. Al Bianchi, Koch's Attorney, noted that staff's maps, upon which. the Board of DEsign Review and r1arinero Homeowners Association had based their decisions, were inaccurate according to their findings. H~ showed a new map and requested that the house be moved to a new lo- cation, 6' down and 20' laterally from present site. Koch's re- quested City Engineer to survey the site and make tests to which they were willing to be bound. Bianchi contended the move would be practical and would not cause greater obstruction to other lots. Martha ~ullin explained that sh~ obtained the elevation fiqures for her plotting from Koch' s ol.~iginu.l house plan dral~Tings and as two differing soils reports for the lot came from two Engineers, ~he' could not make a determin&tion on that basis. CITY COUNCIL MINUTES f385 June 23, 1975 Page 4 James Hatfield, Hartinez' Attorney, questioned the length of time needed for verification of siting and tests as his clients' loan commitment would end July 2. He noted his clients had not had qn opportunity to view the new material submitted, and mentioned that the Board of Design Review on two occasions studied the matter : carefully and made a decisions they felt affected the fewest peQple the least. The new suggested position of the house was on soil. their Engineer felt unbuildable. During public comments, f.1rs. Noods, a neighbor commented that her already somewhat limited privacy would be jeopardized further if the Hartinez home were -moved south and that ~1r. Tolson, another · neighbor, would also be hurt. She noted that the f-1arinero Pro- perty Owners Association supports their original f~ndings. Hal Edelstein and Willys Wagner, members of the Board of Design Review commented that their decisions had placed a great deal op, emphasis on the accuracy of staff's obstruction map and finding $". Ross noted that Koch's soil test report was based on moving the house 10' and not 20' as suggested tonight. Bianchi added that the Engineer mentioned several times that the entire lot was buildable and also mentioned that although the Kochs were willing another soils test could not be taken as a trespass suit had be~n filed against them by f1artinez. - Hatfield commented that this was the 6th or 7th time they had been asked to make a change and had been most accommodating to all wishes. Ararnburu moved the public hearing be closed, seconded by Littma~. Littman moved the Appeal be denied, seconded by Aramburu. Littman explained his decision was based on the notion .that the Koch's gan't always expect or have perfection; their rights do not overpower ~ 1I1artinez'. Aramburu noted he tried to understand how the other ". neighbors felt and would concur with Littman. Considering possible future retribution, Bianchi inquired about construction of antennas, etc. Hr. Fosnot indicated there were definite height limitations and that the Homeowners Association also followed such matters closely. The Question was called and the vote was unanimous. 14. Al-1ENDr1ENTS TO TIBURON ZONING ORDINANCE (Section 6-31, 6-34, 10-4(0)2, 21C, 6-69,lO-7.l(D)) ACTION: Continued t/7/28/75 Due to the complexity of the matter, time limitations and a heavy agenda, this matter was continued to the next regular meeting. 15. ORDERS TO SHO"'] CAUSE ZONING VIOLATIONS - ILLEGAL DT-JELLING UNITS A. 854-860 Tiburon Blvd. Harry Heifetz ACTION: Continued for 90 days to bring up to' code Phil Scott, Development Administrator, explained the situation and noted that an illegal dwelling unit did in fact exist. Aramburu moved the Public Hearing he opened, seconded by Ross. 'Mr. Poeter, I'ir. Heifetz' Attorney, showed pictures of the building and explained they were planning to bring it up to code. Littman moved that the matter be continued for 90 days so they can comply wi th '.the necessary zoning requirements, seconded by Ross. .. Pablo r.1agat of the ~.1arin County Department of Environmental Seryices mentioned that he had been dealing for some time with this situation and felt that the public nuisance would continue during the 90 pay period if the sewage system was not corrected. Aramburu amended the motion to include that temporary arrangements for sewage be'made, seconded by Littman. Question was called and passed unanimously. CITY COUNCIL MINUTES #385 June 23, 1975 Paqe 5 b. 2280 Paradise Drive Robert Burqess ACTION: Continued pending scheduled inspection c. 1820 Centro Nest Christoph Eisinq ACTION: Resolution #734 orderina abatement passed ~ ~, The dwelling in question was recently purchased with full know- ledge of the illegal use. Staff has received no response from any mailings. Aramburu moved the public hearing be openerl, seconded by Ross. There being no public comment, Aramburu moved the Public Hearing be closed, seconded by Ross and passed unani- mously. Ross moved that Resolution #734 calling for abatement be passed, seconded by Littman and passed unanimously. d. 2295 Centro ~'7est Jeffrey Bellinger ACTION: Continued until July 28 e. 1901 r1ar Hest Christopher Layton ACTION: Resolvea by staff 16. ESTABLISHING DRAINAGE FEES FOR BELVERON, 71IRAFLORES ann ROCK HILL NATERSHEDS ACTION: Ordinance 160 N.R. passed second reading Aramburu noted that this proposed Ordinance was not to raise reve- nue but hopefully to remedy the existing probleIll. It 't-7ould go / into effect in 30 days and the Cahn/Lewis group has agreed to the fees for their development. The City r1anager urged passage. Aramburu moved that the Ordinance be read by Title Only, seconded by ~oss. Aramnuru then moved that Ordinance 160 N.S. be deemed to pass second reading, seconded by Ross. Question was called and the matter carried by the following vote: }\YES: Aramburu, Ross, Ellman NOES: Littman ABSENT: Tayer XI. EXECUTIVE SESSION Ross moved that Council adjourn"fo Executive Session, secondedhy Littman at 11:43 p.mo XII. ADJOURNMENT There being no further business the journed to Tuesday, June 24 at 7:30 ad- ;' CITY COUNCIL MINUTES ~ 385 June 23, 1975 Paqe 6 c..o~~e.e~ MI~~T~ CITY OFTIBURON CITY COUNCIL MEETING I. CALL TO ORDER The adjourned meeting of the City Council, City of Tiburon, State of California, w~s called to order by 1'1ayor George Rllman at 7 :40 P.~1. Tuesday, June 24, 1975 in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILfI~EN: Araroburu, Ellman, Ross, 'raver, Littman (7:45) EX OFFICIO: R. L. Kleinert, City Manager S.E. Lichlyter, Administrative Assistant Robert Conn, City Attorney Jesper Strangaard, Deputy City Engineer Robert Fosnot, Director of Community Deve~opment Maurice Lafferty, Chief of Police ~ l'1uffin Nelson, ~1inutes Clerk III. PUBLIC HEARINGS 1. CONSIDERATION OF r,.'ASTER PLAN APPROVAL FOR CAHN/LEWIS PROJECT (L. Cahn, D. Lewis, Applicants) Bob Fosnot, Director of Community Development, explained the history of the proposed development and the current status. He noted th,t Council would be conducting first reading of an Ordinance and no~ a Resolution. Tayer moved that the Public Hearing be opened, seco~ded by Ross; passed unanimously. ACTION: ORDINANCE A$ Al'~ENDED PA.S~ED 1st PADING ~ike Berline, the Project's architect, showed slides of the propQsed development site highlighting unit placement and explaining the . "cluster" concept and use of "Tit intersections instead of cul-de,,-sacs. He showed how the present plan evolved and explained that their ~1 unit proposal would have 72% of the 29.4 acre site reserved for Qpen Space and 91% of the site free from any fort'l of construction, etc.. He also noted that the deve10pGrs had agreed to correct the exp_n- sive, existing flooding problems, particularly in the Rock Rill Water- shed, with the approval of the total 31 units. The Planning Commission had, however, removed two units; the developers questioned their' reasoning on the specific units. ~~r. Berrine discussed the Cahn/Lewis policy regarding trausition to Open Space areas. . Tayer inquired about "T" intersections and roan. access to units 0 & P. Littman asked what was meant by "transition to Open ~pace" and Rpss gave his interpretation. Tayer felt Council was obligated to work out drainage improvements before going ahead with any projects. ~The City Attorney referred Council to paragraph D of the Ordinance making the developer liable for such drainage iMprovements regardless of the number of units. Gene Burke of Hawthorne Terrace supported the entire 31 units as a good solution to the area's persistent flooding problems. ~~rs. ~eth cautioned the Council on approving the 31 units for the sake of ~ drainage. Ross commented that his judgment on density would be the decision-making factor. Sally Shepherd inquired whether the camr pletion of drainage improvements would still be required if the en- tire 31 units were not completed. The City Attorney commente2~that the improvements must be either bonded or installed. ~ay Jasla ~sked about the character and design of the homes and was told they wopld be 2-story, approximately 2,000 square feet each, but that a par~ic- ular design had not yet been decided upon. - ~ Bob Wayne, Planning Commission Chairman, felt that Tiburon's Zoning Ordinance, specifically ~ection 10D-(F)4 had not been complied with as was necessary for approval of the r~aster Plan. He even questioned the validity of the Planning Commission Resolution without the find- ings in question. CITY COUNCIL MiNUTES #386 June 24, 1975 Page 1 Littman asked why the findings were not made at Planning Commissidn level. Fosnot replied that the items were discussed, hut not specifically addressed. The City Attorney advised that although our proceedings might appear somewhat irreqular, they were not in~ valid; he suggested Council make the necessary fin~ings before adoption of the Ordinance. Leonard Cahn noted that the EIR deals specifically with each of tpe required subjects. Mayor Ellman asked if staff were satisfied with the r1aster Plan and the particular section mentioned by Nayne. Fos- not stated that they had sufficient information for the ~aster Plan Text as required by Section I04-~G)I, and more details would be forth- coming in the Precise Plan ,^,hich would follo~l 1\1aster Plan approva~. Ross asked Wayne about his timing and role in the process and Maype replied that because of the 1'10scone Act he did not participate in'the proceedings. Several Councilmen felt it rather disconcerting that Planning Commission did not seem to be doing its homework. Ross n~ted that the Ordinance was ,^,ri tten to cover the widest possible range'; me4~ ., Jim KaRR8 , representing the I07-member Del ~1ar Valley Property ~wners Association commented they were generally pleased with the Plan bpt questioned the decision point on density. ~1ayor EII~an again str~ssed that a density agreement be separate from the drainage matter. Littman felt that would be most difficult to achieve and noted we were fot- tunate the developers offered to help alleviate a proble~ they h~ not caused. He mentioned there would be a cut off point where a,;.er- tain density could creat hardship and perhaps "inverse condemnatipn." ~1rs. Leth said she understood from the EIR hearings that more soil work needed to be done before Master Plan approval. Fosnot explained those requirements were for the Precise Plan. t1rs. Leth then asked if the City were obligated once the 1\1aster Plan 'Vlas approved. 1'\1ayne add~d he saw no reasoning for the approved density. ~ Ross moved the Public Hearing be closed, seconded by Littman1 pas$ed unanimously. Tayer noted he felt the crux of the density question was whether the density sought was compensated for. Again, he noted that Council has an obligation to see that drainage is taken care~of before approving a development. Littman said that both the down-pill and the up-hill owners had right3. . Tayer suggested that the text be amended to add ~aragraph F regarding Council's affirmative findings consistent with the Section mentiq~erl by Wayne. Littman suggested they be addressed specifically as follows: 1. The density sought in the proposen develOPMent is compensated for by surrounding areas. 2. The proposed arrangement of resirtential units and design of the circulation system provides for an adequate transition and maxim~ compatibility with adjoining patterns of development and Open ~paqe. 3. ~aximum effort has been made to minimize grading and maximize' re- tention and preservation of natural elevations, ridgelands and natural features, including lands too steep for development, geologically un- stable areas, wooded canyons, areas containing significant nativ~ flora and fauna, rock outcroppings, view sites, areas suitable for active or quiet recreation, watersheds and ~7atercourses. Ridgelines haVe been preserved through siting and building controls to minimize visual i~- pact and to allow access along corridors. 4. The plan will be desirable to the public convenience ann welfare and will be in harmony with the Open Space, and other Elements ano ob- jectives of the Tiburon General Plan. Aramburu seconded the motion and the City Attorney advised the text would also need to be revised and noted that these findings shoul~.be paragraph G to Section 1. The Question was called and passed un~ni- mously. Aramburu moved the text be amended, under residential units of ~aster Plan statistics, by substituting 29 for 31 and Making all approp~iate changes in area, site, and percentages by 29/3l( seconded by Tay~r. CITY COUNCIL t1INUTES # 386 June 24, 1975 Page 2 Littman substituted 30 instead of 29; seconded by Ross. As the s~b- stitute motion has priority, the question was called. r1otion failed by the following vote: AYES: COUNCILr1EN: Ross, Li ttman NOES: COUNCILMEN: Aramburu, Tayer, Ellman Discussion ensued on the original motion. Ross asked if units 0 & P were the best to eliminate if the total were reduced to 29. ~1r. Cahn felt that if two were to go, it might as well be 0 & P. The question was called and carried by the followinq vote: AYES: COUNCILMEN: Aramburu, Tayer, Ellman, Littman NOES: COUNCILMEN: Ross To insure accuracy Aramburu moved that the Master Plan Text be amended at any necessary remaining places to reflect the reduction to 29 units, seconded by Tayer and passed unanimously. At the City Attorney's suggestion, Tayer moved that the last paragraph of the Text be deleted, seconded by Littman. Tayer then question~d the various Phases of thePRecise Plan and the number of units in each~ There are 8-10 units in the Del ~ar Watershed, the rest in the Ro~k Hill Watershed. Ross felt it ill served Council's intent to make any further changes prior to the Precise Plan. . Tayer withdrew the motion, seconded by Aramburu. Tayer then move4 that the last sentence in Paragraph D, Section 2, be amended to read, ~, All drainage improvements shall be approved by the City Engineer and ~he improvements for Phase II, which shall include all units which drain into the Rock Hill ~vatershed, will be delayed until the storn drain design is completed and installed or bonded." Aramburu seconded the ) motion, question was called and the vote was unanimous. Aramburu moved the Ordinance be read by Title Only, seconded by Tayer; carried unanimously. Aramburu then moved the Ordinance be deemed to pass First Reading; seconded by Ross. The motion carried by vote of: AYES: NOES: COUNCILHEN: COUNCILr1EN: Tayer, Ross, Aramburu, Ellman Littman Littman explained he did not agrne with the .philosophy and does not understand how one can be made responsible for drainage he has not caused. The matter comes back for second Reading on July 28. P~CESS The Chair declared a Recess a~ 10:25, reconvening at 10:35, the roll standing as originally noted. 2 . AHEND~1ENT TO PRECISE PLAN (7-11 Main Street, F. Zelinsky) ACTION: Substitute ~eso- lution #733 passed The City Attorney sub~itted a substitute resolution for #733 passed June 23 relating to Amendments to the Precise Plan, in an attempt to refine the language. Aramburu moved it be passed as a substitute; seconded by Littman. Littman then suggested a minor change in Section B to read "for immediate consumption adjacent to the premises not per- mitted." Seconded by Ross and passed unanimously. Parking seemed to be a matter of continuing concern and Aramburu suq- gested the Chairman of the Public Services Committee meet with ~1r. Ze- linsky regarding various store validation services; it would appear there is not a uniform parking policy. Ross said he would look into the matter and report back. Question was called and the substitute Resolution as amended was adopted by the following vote: AYES: COUNCILMEN: Littman, Ross, Aramburu, Ellman ABSTAIN: COUNCILMEN: Tayer CITY COUNCIL r-1INUrrES # 386 June 24, 1915 Page :3 IV. 3. NEl'! BUSINESS RESIDENTIAL DEVELOPHENT REVIEN BOARD (Proposed ORdinance and Joint Powers Agreement between Marin County and Southern Marin Cities) ACTION: Letter to be sent to COUNTY conveying Tiburon concerns The Director of Community Development explained that Council had earlier endorsed the Concept and now was being asked to adopt the Agreeme~t as revised to formulate the Board. . , A suggested ~;t~f~~~ve wo~ld.b~ to have Board Repr~~~~~~~~~~~ ~e~?p growth quota~rfet:tl.n~ the l.ndl.vl.dual areas work out t:neJ\ ~..or~e City Manager bommented on the Tiburon need for such a body.and noted it does have some effect in our sphere of influence in the unincorporated areas surrounding Tiburon. Martha r1ullin, Associate Planner, made a test rating on the Cahn/Lewis Project which fell ~h8r~ g"o +-Q 'Ebc lack or 10\1 and :fROd9ratQ ineefflc hetlring. y/elde.d '43 f'~f rrts btlsed on -tht prop~ st'4(e. Ross said he understood projects were scored against each other. He then suggested the scoring and Board review only be used in unincor- porated areas. Littman countered if that were som the County should just do it without establishing a Board. Littman also mentioned he was impressed with the City Attorney's letter and felt we should pro- ceed cautiously on this matter. Tayer Roted that when he attended the first meeting on the propos~d Board, he proposed a clause relating to indemnification be included. In the absence of such a provision, coupled with Conn's warning, he felt no Council action or effort was needed at this time. Mayor Ellman stated that representation should be considered in terms of undeveloped areas remaining and not on a population basis. Littman added that the biggest need of our School District is for more students; the area needs development, particularly in the middle income ran~es. Tayer stated we should request a response from the County as to what they plan regarding indemnification, defense costs and practices. Aramburu also felt Conn had done an excellent joh of outlining the pit- falls in the Ordinancee He felt the County would he the body to pre- pare an EIR which our City Attorney thinks is required. LittMan added that we could not enter into a Joint Powers Agreement without an EIR if required. It was the sense of the Council that a letter be written to County outli~ing Tayer's comments with a copy of Mr. Conn's letter, informing them the City would review the proposed ORdinance after the EIR is received 0 4. ADOPTION OF 1975-76 r1UNICIPAL BUDGET ACTION: Resolution #735 Adopted The City 1'1anager emphasized that this budget included $381,600 for Open Space but the budget Nas actually 23% lower than that for lQ74-75o He also noted that our total tax rate will remain the same. Littman noted that our population was up 25 people but that our a~sessed valuation was up by 6000 and stressed that Tiburon citizens are payinq a larger share of taxes in relation to apartment owners and commercial property. He noted that he was prepared to lead a taxpayers protest. ~1ayor Ellman asked if Littman could suggest legislation we could sup- port through the League of California Cities. Mr. Littman felt a Penin- sula Citizens Committee might be more effective, and suggested we direct a specific letter to the County Assessor. Several taxpayers present questioned what percentage of their tax dollar went to Tiburon -- the answer is 1/14. Tayer moved the Resolution be adopted, seconded by Littman. Louise Mirata asked how the budget could be adopted without the new salary schedule first. The City ~1anager noted that salary increases woqld be funded from budget carry-over. It was the sense of the Council to first adopt the Municipal Budget as in the past. ~rs. Mirata st~ted this seemed backwards. The Question was called and Resolution #735 adopting the 1975-76 Hunicipal Budget passed unanimously. CITY COUNCIL 1'1INUTES # 386 June 24, 1975 Page 4 50 ADOPTION OF 1975-76 SALARY PROG~~ ACTION~ Res. #736 Passed City Rlanager explained to Council that a 7% Cost-of-living increase was proposed for all Biscellaneous and Police Employees and that the ~edi- cal/Insurance Package was also being increased from $51.50 to $57.QO. The Police Employees Association is not satisfied with the 7% incre~se. There are also two new positions and three requiring range adjustments. Tayer inquired about the Clerk/Typist position and Stan Lichlyter replied that the eMployee had been hired under the Public Employee Program with funds ending July 20, 1975 and this position is definitely needed now. Aramburu moved adoption of REsolution #736, seconded by Ross. Tayer questioned the holidays and asked if they were all official Governm~nt Code holidays 0 He also asked about the Associate Planner salary range. Louise ~1irata spoke as representative of the ~liscellaneous Employees asking for the establishment of a longevity pay schedule. She noted that of 33 employees, 12 were in Step E with several more next year; all others continue to receive merit increaseso Council asked Mrs. ~.irata to 'sub- mit a detailed report noting what other ~~arin Cities do in this reg~rd. Several other employees suggested oral or written exams for promotipn. Aramburu noted he would like to see where City staff falls on the various range positions and Tayer asked about step increases. They are not. necessarily automatic but have been given in all but 2 cases in 10 years, The City Hanager felt than when an employee in such a small City reaches Step E he should search for reclassification or promotion. Question was called and the vote was unanimous. 6. PARADISE DRIVE ~.!ATER TANK ACTION: Referred to Design Review Board .~ramburu moved that although the Tank is outside City limits, Board of Design Review should look at the plans and comment directly to the Water District unless there are serious reservations which should be convfyed to Counilo Ross seconded the motion and it passed unanimously. . V. CITY i'1ANAGER COMMUNICATIONS 1. Tayer questioned the salaries of the Chief of Police and City MAnager. It was explained the Chief is at Step E and the City r1anager' s sala~y comes under separate resolution which will be placed on the agenda of the July 28 meeting 0 1'1ayor suggested that the Ci ty "~anager su1:rni t a report of the Harin City i1anager salaries and benefits. ~ 20 The City r1anager noted that Corte MAdera would like Tiburon to join in a suit they have filed against the Golden Gate Bridge nistrict with regard to rate increases. Li ttman agreed ~^,i th the addi tion of a.... call for the redistribution of seats on the District's Board base0 on re~enues and patronage 0 It was the sense of the Council we should join. 30 In response to Council inquiries, Chief LAfferty presented information on the handling of ~^,arrants within Tiburon and the Ray Area. 4. The Administrative Assistant presented the Cooper/Kerr bin for the City's annual audito The bid was rejected and S1eezer/Bckhoff was se- lected to audit the City's books for the 1974-75 fiscal yearo 5. Mr. Lichlyter presented a discussion on Tiburon's proposed use of Corte Madera's computer facilities for financial transactions. "I . A.DJOURNMENT There being no further business, APPROVED BY THE COUNCIL ON: , 1975 R CITY COUNCIL MINUTES' # 386 June 24, 1975 Page 5