HomeMy WebLinkAboutTC Min 1971 (July thru December)
There
1971,
CITY COUNCIL MINUTES
being no further corrections
were approved as modified.
1/244
July 13,
Page 1
1971
,
Minutes No
243 of June 28
,
Adjournment was at 1:14 a.m.,
Becker requested paragra~h 4 on page 2
seconded b~ Becker . . . ~ 1 On page 3,
paragraph ShOU include at the end,
objection II
on page 7
show ,nIt was moved by Fanning,
under Committee Appointments,
;'Becker concurred in the
The last paragraph on page 6 should
Page 6 under Variance Procedure, line 4 should read: :. . . be
given to amendin the zonin ordinance so that in the case of
special propert1es were 1t 1S to t e pu 1C goo 1n terms 0
profile against the hills such coverage can be allowed without a
variance application since a variance cannot be granted when the
basic requirements of the code cannot be met ~,
show
12:29 ~.m.
Page 5, add the following to the end of paragraph 3 under
Harbor Carriers: ~'Thereupon staff was instructed to com-
municate by letter the city's opposition to the Angel Island
stop as contained in the proposed Berke1ey-Tiburon service."
Page 4, paragraph 4
Mr. Drechsel, actin
,
under Drainage Study,
for the committee.
should
Paragraph 7 should read: nMr. Derryberry questioned whether
it is appropriate to impose the fee as he deemed the city
does not have a ark recreational element in its Master
Plan . . .u
include
~aragraph 1 on page 2 should
8ted Home Builders Idasfl.l vs.
show the Walnut Creek Associ-
The City of Walnut Creek.
The following change to the first paragraph under Final
Map, Meadowhill Subdivision: ~'.. . $2600 in cash,
with dedication of land for a pathway and improvements,
for a valuation of $1300.'1
Under Approval of Minutes on page 1, the record should
read :'Minutes No. 242 of June 14, 1971, were ap~roved
as modified, with Ellinwood and Sennett absent. '
Ellinwood requested the following corrections
No.
243
Action
Approved
III.
PRESENT
ABSENT:
EX OFFICIO
.
.
COUNCILMEN
COUNCILMEN
Becker, Ellinwood,
Fanning, Rice
Bert A. Balmer, City Manager
Robert L. Kleinert, Ass't City
Robert I. Conn, City Attorney
Louis V. Brunini, Supt. of Public
Hellen K. Hecht, Minute Clerk
APPROVAL OF MINUTES
Works
Manager
Sennett
II
The regular meeting of the City Council, City of Tiburon, State
of California, was called to order by Mayor Pro Tem Carlisle
Becker at 7:40 p.m.) July 13, 1971, in the City Hall Council
Chambers.
ROLL CALL
I.
CITY COUNCIL
CITY OF TIBURON
CALL TO ORDER
In regard to Committee Appointments on page 6, Ellinwood moved
that the concern she expressed tonight and expressed previously
on June 28, which expression has been concurred in by the Chair
and by Mr. Becker, he reflected in these minutes and be discussed
at the next regular meeting.
No. 242 P,ction: Approved on June 28, 1911
Ellinwood requested page 5 under Appointments to Commissions, line 7
be changed to show n. . . and that the members of the two . . .;'
Adjournment on page 6 was at 12:14 a.m.
IV. ORDINARY BUSINESS OF THE COUNCIL
2. SPEED LIMITS - Action: Adopted Ord. 73 N.S.
CORINTHIAN ISLAND
An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING
ORDINANCE NO. 55 OF THE CITY OF TIBURON BY ADDING THERETO SECTION
4 (g), ESTABLISHING A l5-MILE PER HOUR SPEED LIMIT ON EAST VIEW
AND TAMALPAIS AVENUE, came on for second reading and adoption.
On motion of Sennett, seconded by Ellinwood, and there being no
objection, the Chair declared the reading of the full ordinance
waived, and the ordinance be read by title only.
The ordinance having been so read, motion of Sennett, seconded by
Ellinwood, that Ordinance 73 M.S. be deemed to have passed second
reading and be adopted, carried:
AYES: COUNCILMEN: Becker, Ellinwood, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Fanning, Rice
3. RECOMPUTATION OF :'IN LIEU'] PARKS & Action: $2600 refunded
RECREATION FEE, MEADOWHILL SUBDIVISION,
AND RECOMMENDATION FOR REFUND OF SAME
~ noted the City Engineer's
The council r eived the report of Ellinwood in the above matter
in which she recomputed the value of the lend and recommended
that the council refund the $2600 fee deposited with the city
by the subdivider and make the necessary changes in the
recordef:i, subd.ivi.~.ion agreement.
The City Managerreco~~ended the computation presented by Ellinwood
is, .prope'raaQ' should be accepted.
In: response to a., ~e~tiqn, by Sennett, Mr. Don Loomis, chairman of
the Parks an4 aeQr~at1on Co~mission, stated they would prefer
dedication of" .th~ l~nd ovet; receiving in-lieu fees.
",j ,I ,
After discussioq~ it was moved by 'Ellinwood, seconded by Sennett,
that the co~~cil orqers the refunding of the $2600 fee deposited
by Mr. James Derryberry ~n conformanc~ with Resolution 369, passed
on June 28, based uPQ.o ,the<recQmputatiQn of the moneys as found
in Agenda Bill 3. Mot.ion cartie~: -.
AYES: COUNCILMEN: Becker, Ellinwood, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Fanning, Rice
1. PROTEST HEARINGS - WEST Action: Resolutions 374 and 375
PENINSULA ANNEXATION NOS. lAND 2 adopted , as amended (page 7)
The City Manager presented substitute resolutions setting new
dates for the protest hearings for annexation of Areas Nos. 1
and 2.
It was moved by Sennett, seconded by Ellinwood, to adopt Resolution
374, a resolution of the City Council of the City of Tiburon
CITJ'. COUNCIL MINUTES 1/244 July 13" 1971
Page 2
CITY COUNCIL MINUTES
1/244
July 13
Page 3
,
1971
(For further action on this
AYES:
NOES:
ABSEN T
COUNCILMEN
COUNCILMEN
COUNCILMEN
Becker
None
Fanning
matter
,
Rice
see page 7.
)
Ellinwood
It was moved by Ellinwood, seconded by Becker, that Resolution 375
be adopted but that the dates be changed to conform with the time
schedule of the Ebbtide so that the date of the hearing will be
August 9. Motion carried:
,
Sennett
AYES:
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
.
.
.
.
.
.
Becker,
Sennett
Fanning
,
Rice
Ellinwood
After discussion, Ellinwood offered a substitute motion, seconded
by Becker, that Resolution 374 be adopted but that the dates be
changed to conform with the time schedule of the Ebbtide so that
the date of the hearing will be set for August 9. Motion carried:
Sennett stated he found no merit in the conditions made and the
fact that the paper is printed with this resolution in it and will
be circulated to the general public on July 14, 1971, in no way
detracts from what the resolution requests the council to do.
To a question about the Ebbtide's being a legal publication, Mr.
Kaufmann stated the Ebbtide is published in this city and therefore
by government code the city is required by law to publish the
notice in this paper. If the date is corrected on the resolution
soda.< new publication is issued, then in his opinion the city will
~ve cpmp1ied with the law.
Mr. Douglas de La Fontaine and Mrs. Lois Bond spoke again~the
publication of the resolutions in the July 14th Ebbtide.
In response to a question by the Chair, the City Manager stated
if this were put over, they would go to LAFCO and request an
extension of time. He suggested the council accept the recommenda-
tion of the legal council that the action is proper and observes
the law. and the council act on that basis.
To a question by Kaufmann, the City Attorney advised that an
inaccurate roll call as shown in the paper does not invalidate the
publication. He stated they have determined this is adequate
notice and adequate publication as a matter of law as the Ebbtide
officially comes out on July 14, and an inaccurate roll call can
be corrected.
Mr.. Stephen Kaufmann questioned the publication of a legal notice
in the Epbtide adopting Resolutions 374 and 375, showing a vote
of the council, when no action has been taken. The City Manager
responded in order to make the Wednesday, July 14 publication,
and upon advice and consent of the City Attorney, staff informed
the newspaper of their intention on Friday, July 9, and prepared
the copy. The publication date of the paper is shown as July 14.
The City Attorney stated the description of the property is extremely
long and the'Ebbtide people had told them if they wanted to set a
date which the staff is recommending for July 28, the resolution
would have to be delivered to them by Friday, July 9, in order to
complete the two publications in the IS-day period. Resolutions
were therefore delivered to the paper identical to the ones adopted
on June 28, except a new date was set. The City Attorney advised
this was a perfectly proper course of action.
declaring its intention to call a special election for the purpose
of submission to electors the question of annexation and setting
a, t~e.and place, and rescinding Resolution 371.
July 13,
Page 4
CITY COUNCIL MINUTES
Mr. David Hansen, area manager for Cable TV, appeared in response
to a complaint made by Mrs. Nadine Luc at the council meeting on
June 28, 1971, about the pOor quality of TV, and a committee being
appointed to consult with staff and the C1earview Cable TV people.
He stated Mr. Luc had admitted he phoned the wrong company to
complain initially, and as soon as the problem was brought to their
attention, they immediately corrected it. He urged any future
complaints be taken directly to him.
tJ:244
1971
The Chair read a letter from the attorneys of Mr. Milton McDonogh
to the council requesting a councilman and the Assistant City
Manager to be present at the Public Utilities Commission hearing
at 1:30 p.m., on July 14, 1971, to verbally express the stand taken
at the June 28th meeting in which they opposed ferry service between
Berkeley and Tiburon via Angel Island. The Chair authorized
Councilman Ellinwood, or whoever appears at the hearing, to
represent the views of the council.
V
A recess was taken at 9:37 p.m.
9:55 p.m., the roll standing as
ITEMS NOT
the council reconvening at
originally taken.
ON
THE AGENDA
RECESS
The Chair directed one councilman, one Parks and Recreation Com-
missioner, and one staff member to meet with Mr. or Mrs. Thaye~ to
discuss this and present information at the meeting of July 19.
Mr. James Derryberry stated his preference would be not to put
asphalt in, and he would meet with the committee.
After further discussion, it was moved by Ellinwood that the
matter of surfacing for the paths which are being dedicated in
Meadowhi1l be deferred to August 23, which will be included in the
resolution to permit the Parks and Recreation Commission and/or
members of the Planning Commission jointly to develop a policy and
to look at the whole question of surfacing on trails that are being
dedicated in the city, with paricu1ar reference to point 4 in the
memo from Mr. Al Kuhn under date of July 12, 1971, as having
particular merit. Motion died for lack of a second.
Mrs. Thayer showed the map approved for this subdivision showing
4-foot wide paths. Speaking as president of the Marinero Property
Owners Association, she stated the residents strongly objected to
this, and favored the natural paths. She urged a survey be taken
to get the views of the residents.
Mr. Don Loomis stated Mr. Peter Macgo~an, one of the signers of
the petition, has withdrawn his name after learning the facts.
He stated asphalt is the only surface that will hold up through
the winter months and will not erode or form a muddy gutter. He
stated the Planning Commission agreed with the Parks and Recreation
proposals and the criteria they passed several months ago for
paving the paths in the trails system. He reviewed the policies
adopted by the Parks and Recreation Commission in relation to
paths and to parks. Dr. George Ellman stated they favor natural
looking paths, but maintenance is a concern and with asphalt main-
tenance costs are at a minimum.
Mr. Rufus Thayer spoke in opposition to aspha1ting the foot paths,
and suggested a survey be conducted to determine the needs of the
people who will be using the foot paths.
The City Manager presented to the council a petition from residents
living near the Meadowhill Subdivision requesting the deletion of
the asphalting for proposed walkways in the subdivision.
4. MEADOtVHILL SUBDIVISION
WALKWAYS PETITION
Action
Continued to July
19
CITY COUNCIL MINUTES
1/244
July 13
Page 5
1971
In response to a question by Ellinwood
the position of traffic controller has
position.
,
the City Manager stated
now become a temporary
The City Manager presented a resolution amending Exhibit A, the
Basic Salary Unit Schedule, and adding the annual Budget 71-72,
"SCHEDULE OF POSITIONS AND SALARIES." He stated the salary ranges
in Exhibit A have been increased by a value of 41, as previously
authorized by the council.
8 · AMENDMENT TO MASTER SALARY
PLAN - 1971-72 ANNUAL SALARY PROGRAM
Action:
Sennett extended the appreciation of the council to Mr. Aramburu
and his associates and requested the staff analyze their recom-
mendations and bring a report back to the council. The Chair
directed this matter agendized for July 26. Staff was directed
to communicate with Belvedere to determine the extent they will
cooperate on this matter, and to determine Sanitary District 5's
attitude toward a more permanent recycling depot.
Resolution 376 adopted
The Assistant City Manager presented to the council the staff
report on the costs and revenues of the Belvedere-Tiburon Ecology
Recycling Depot pilot program. Mr. Al Aramburu, chairman of the
Ecology Committee, presented a complete report on the project,
along with their recommendations. He stated the Sanitary District
has indicated their willingness to renew t~e lease for one year
if certain improvements to the area were made. He presented a
scale drawing of the recycling depot with an overlay showing bins,
traffic pattern, the fencing and gates.
7 . ECOLOGY RECYCLING DEPOT
ANALYSIS AND REPORT
Action
Report accepted
Ellinwood
stated this
matter was
on the agenda in error.
6.
BEAUTIFICATION OF DRAINAGE CANALS
On behalf of Mayor Rice, the Chair moved to reappoint Mr. Jeff
Knight to a term on the Parks and Recreation Commission, commenc-
ing July 1, 1971. Ellinwood seconded the motion, and the motion
carried: All Ayes.
5. PARKS AND RECREATION
COMMISSION APPOINTMENT
Action
Appointment
made
IV.
The Assistant City lianager reported Mr. Robert Pace of Cable TV
of Marin has received authorization from Pacific Telephone to
proceed with construction and installation of Cable TV for Taylor
Road, Barner Lane, Bond Lane and Antoinette Drive. The hookups
should be completed by August 1, 1971.
ORDINARY BUSINESS OF
THE
COUNCIL
Mr. Robert Wayne reminded the council of his previous request that
the council review the possibility of amending the city ordinance
to prohibit construction of houses of like design within a given
proximity of each . other. He urged action be taken in this
regard. Sennett stated the council favored an amendment to the
appropriate zoning ordinance allowing some type of design review
on all residential development, and had referred this matter to the
Planning Commission. He requested the staff encourage the Plan-
ning Commission to make a report to the council on this matter at
a n early date.
Motion of Sennett, seconded by Ellinwood, to adopt Resolution 376,
carried:
AYES: COUNCILMEN: Becker, Ellinwood, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Fanning, Rice as approved in a City
Council committee of th
To a question by Sennett as to whether the counc voted to create whole
the position of Planning Assistant, the City Manage stated by budget
adopting Resolution 376, this position has been adopte ~ork
seSS1on.
9. CITY HALL LEASE RENEHAL Action: Mayor authorized to sign
lease
The City Manager presented to ~he council for. their approv~l a
3-year lease with Mr. Fred Zel1nsky for the C1ty Hall prem1ses.
Ellinwood requested the Cit~ Manager include with. the l:ase a
letter expressing the counc~l's request for exter10r ~a~ntenance,
including the building and the grounds, the construct~on of a
sign at the parking lot entrance designating free parking for
persons coming to City Hall.
It was moved by Sennett, seconded by Ellinwood, that the council
authorize the Mayor to sign the lease on behalf of the City of
Tiburon. Motion carried:
AYES: COUNCILMEN: Becker, Ellinwood, Se~nett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Fanning, Rice
11. DEPARTMENT OF PUBLIC WORKS REPORT
On motion of Sennett, seconded by Ellinwood, the Department of
Public Works Report was unanimously accepted.
VI. COMMUNICATIONS
Appointments to ABAG
The City Manager stated the Association of Bay Area Governments
has asked for names of persons to serve on ABAG citizens task force
they wish to organize. He requested council members individually
submit their nominations to staff so they can be forwarded to
ABAG.
Deletion of Tiburon Boulevard from Division of Highways System
The City Manager reported the County has met on the proposal of
the Division of Highways to delete certain roads from the State
highway system. Tiburon Boulevard has been recommended for
deletion, but the county has asked the Division of Highways to have
no hearings on this subject until Marin County can complete its
transportation plan for the county. The City Manager stated he
and the City Engineer have met with Mr. Hart and members of his
staff on the Division of Highways and he will have a report for
the July 26 meeting. To a suggestion by Ellinwood that since
Belvedere had one councilman and a citizen on the committee
studying Tiburon Boulevard,Tiburon should make similar appoint-
ments to the committee, the City Manager suggested appointments be
made at the July 26th meeting when the report is discussed.
Resolutions Setti~ Protest Hearings
The City Manager stated the City Attorney advised there has to
be a correction to the two resolutions adopted relating to annexa-
t ion. The City Attorney stated the Government Code provides that
CITY COUNCIL MINUTES #244 July 13, 1971
Page 6
the council shall s~t ~ hearing not less than 15 or more than
40 days from the date of the adoption of the resolution announcing
the intention of the council to call an election. In order to be
l\7ithin the 40-dc:l tim~ frame, the City Attorney recommended that
the protest hea~ins date be set for August 4.
After discussiu~l, Ellinwood moved to reconsider the adoption of
Resolution 374 in order to amend the date and time of the hearing.
Sennett seconded, and the motion carried:
AYES: COJNCILMEN: B~cker, Ellinwood, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Fanning, Rice
Upon reconsideration, it was moved by Ellinwood, seconded by
Sennett, to adopt Resolution 374 as it has been previously adopted
with the exception thqt the protest hearing be scheduled for
August 4, 1971, at 7:30 p.m. Motion carried:
A YES : COUt~CILMEN : Becker, Ellinwood, Sennett
NOES: COUNCILHE~l : None
ABSENT: COUNCIL1-1EN: Fanning, Rice
It was then moved by Ellir~~ood, seconded by Sennett, to reconsider
the adoption of llesolution 375 in order to amend the date and time
of the hearing" Motion ce.rried:
AYES: COUNC IL~..EN : Becker, Ellinwood, Sennett
NOES: COUNC IL~1EN : None
ABSENT: COUNCI~N: Ponning, Rice
Upon reconsider2tion, it was moved by Ellinwood, seconded by
Sennett, to adopt Resolution 375 as it has been previously adopted,
with the e:{ception that th'2 protest hearing be scheduled for
August 4, 1971~ at 7:30 p.m. Motion carried:
AYES: COUNCIL11EN: E~cker, Ellinwood, Sennett
NOES: COUNCILJ:.1EN: Nor:.~
ABSENT: COUNCILHEN: Fanning, P..ice
Parks and Recreat ion In-IJi.eu ll'ees
---.- .....___~_,1_______
Ellinwood requested the staff review the suggestions made in her
report in item 3, in reg~rd to Parks and Recreation in lieu fees,
and that the mnttcr be brought b~ck on July 26. Becker stated
there is an ordinance in this rezard being processed through the
Planning Co~~ission. E11in~ood responded this did not cover all
the questions raiced in her report.
Del Mar Lane
IVista
Ellinwood questioned th~ status of the building on ,Del Mar Lane.
The City Attorney st~ted no building permit has been issued for
these pret!lis~s.
Raccoon Lane
Ellinwood requested nm~nd~~nts be prepared to the resolution closing
off Raccoon Lane which would permit (l) moving vans, and (2) such
other uses as de~~ed appropriate of a temporary nature. She
further requested Mrs. Price's letter to the council be answered
under the Mayor's signature, correcting the misstatements made in
her letter"
July 13, 1971
CITY CODNCIL MINUTES #244 Page 7
CITY COUNCIL MINUTES
APPROVED BY THE CITY
~
COUNCIL ON
,,rJJ' ... ,,;
I,
" ') 1971.
'-
1/244
July 13,
Page 8
1971
It being now the hour of 12:03 a.m.,
business to come before the council,
meeting adjourned to Monday, July 19
offices.
and there being no further
the Chair declared the
in the City Manager's
VII
Councilman Ellinwood read to the council a letter referring to her
intended resignation from the council on June 28. She stated
because of the expressions of concern and the support she has
received, she is planning to continue to serve until the expiration
of her term in April 1972, at which time she will not seek re-
election. The City Manager, speaking for the staff, and Mr.
Sennett, speaking for the council, indicated they were happy to
learn she would be staying.
ADJOURNMENT
Personal
Council
Ellinwood reported on Thursday the City-County Planning/aQ~J$~f~0
will be discussing the County General plan. She requested this be
agendized within the next six weeks to review the county-wide
general plan and to make recommendations.
Letter from Councilman Ellinwood
Count
General Plan
MINUTES
./,~
If
.2,\{ ,/
~
July
Page
19
I
1971
AYES
NOES:
ABSENT
COUNCILMEN
COUNC ILMEN::r
COUNCILHEN
Fanning, Sennett
Ellinwood Becker
Riee
f~iled
the motion of Fanning/i~e6t.
QuestiOh
George Ellman of the Tiburon Parks & Recreation Commission, suggested delaying
the awarding of the contract for one ~1eek and during that. time obtaining a
definite reaction from HUD
~.,as
called
and
}tr. Dick McAfee of Belvedere questioned the length of time required to complete
the project and sUGgested the~"striping of Tiburon Boulevard"as a positive
action now
substitute
A/motion to amend :was, made by Fnnning, seconded by Sennett that the City
proceed with the basic bid alternative #3 as proposed by the City Engineer
and to allow staff to negotiate ~..rith the Pine Terrace HO\lle-'Ol..rners for lowering
of the right-of-way at their expense. These improvements would be designated
as an interim safety measure and at a future time, more detailed ,improvement
plans ,..rould be considered and submitted to HUD. Mrs. James 0' Connor
afforded the position advocating the delay until July 26th.
Mr. James Derryberry spoke in favor of Counci~an Ellinwood's proposal, if in
fact, there would be a savings of from $40,000 to $50,000 by the City.
Councilman Fanning sp~ke in opposition to this motion in that he was opposed
to doing anything on a temporary basis or of anature to delay the construction
of~the pathway improvements
Councilman Ellinwood discussed the merits of postponing awarding the contract
until consideration of Federal funding assistance for the improvements by HUD
can be definitely determined. A..motion by Ellinwood, seconded by Becker that
the City should withhold any decision accepting or rejecting bids presented to-
night by the City Engineer until the next regular City Council meeting of July
which would permit the City staff and Council. to obtain "a final determination
and opinion from HUD
26
The City Engineer reviewed the Pedestrian-Bicycle Path Improvements and reported
that only two contractors had bid on the project and the bids received were
lower than the preliminary Engineer's estimates
PEDESTRIAN-BICYCLE
The Chair recognized Mrs. Dorothy Gorman of Strawberry who requested
City Council to consider the proposition of the City acquiring Strm..rberry
Cove for a public park and natural open space if annexation is successful.
Counci&man Fanning reviewed the past history of the Strawberry Cove in regards
to BCDC consideratiQn. The City Manager indicated that staff would endorse the
suggestion by Mrs. Gorman. The Chair then requested a resolution of intent be
drafted for the July 26th meeting proposing the acquisition of Strawberry ~ve by
the City of Ttburon upon the successful annexation of that area. Councilman
Fanning indicated he would submit this resolution to the BODC at their ~gust
meeting
PATH I~WROVEMENT BIDS
Action
the
III
ORDINARY BUSINESS OF THE COUNCIL
Bett
Supt.
Attorney
Balmer, City Ngr
of Public t-lorks
Robert Kleinert, Ass't City
R Foreaker City Engineer.
Hgr., L. Brunini,
D Breiner, City
EX OFFICIO
ABSENT
COUl'lC ILNBN
Mayor Denis Rice
Mayor Pro Tern Carlisle Becker
Ellinwood (7:50pm)
PRESENT
COUNCILNEN
Fanning,
Sennett
II
The adjourned meeting of the City Council, City of Tiburon, State of California, was
called to order by Mayor Pro Tern Carlisle Becker at 7:40 pm in the City Hall Council
Chambers
ROLL
CALL
I
CALL TO ORDER
aITY COUNCIL
CITY OF TIBURON
NINUTES
4ft 244
Juily 19
Page 2
1971
FanninG recommended scpuratigg the,:drainage costs out of the total cost
bicycle path improvements. Any balance remaining after the cost of the
provements should be placed in the Land Acquisition Fund.
the need for tOnitiation
Ellinwood expressed ~p~gqrtvt9g9k~t~i (1) funds for the police and drainage
being budgeted separately, (2) inclusion of co,ts for removal of
in the €ity right-of-ways, (3) budgeting fo t~f~~~~ of the
(4) the inclusion of salaries for Councilmen in the budget
projects
large trees
drainage projects
of
im-
the
The Chair questioned as to whether the Contingency Fund as funded in the budget
was sufficient to cover all unforseen and non-budgeted expenses during the
fiscal year.
AYES
NOES
~BSENT
Becker,
None
Rice
Fanning Ellinwood
Councilman Sennett moved to adopt the City Manager's recommendations
and the motion was seconded by Fanning Motion passed unanimously
Sennett
as
Council approved the addition oD $2,800 to Department 19, Account B-23
This would provide $4,800 for two additional litter pick-ups each year
amended
7
Department 17,
of the Engineer
current service
~lould sli~..,(as $3,000
Council agreed to add $3,000 to subdivision
and agreed to amend the Ordinance to provide
checRing of all subdivisions be actual costs. Under
charges, the amount of revenue from subdivision fees
in~pection
that cost
s
6
Council approved
and allocate the
of the insurance
if this proposal
the emp~oyees request to drop the present
present costs of $5.CO a month per employee
for medical dependents. Staff was requested
could be on an optional basis for the"..employees
Dental Program
to the cost
to determine
5
Council approved the Kaiser Foundation:Health Plan as an optional choice
for employees and increased the group insurance account in the various
departments by $500
l.. .
Council approved the addition of $1~000
CommUnity Development Department, ~ccount
able through char~ing eligible expenditures
1970-71 tm Gas Tax
from Gas Tax funds to General
21, This money becomes
of street maintenance
Fund
avail-
in
3
for
Council approved the additi6n of $500 to Revenues from
This being Belvedere1s contribution to the Police Study
other Agencies
2
Council approved adding $5,367 to Department 03 Account B-24-Insurance
This addinion being earmarked for increased liability coverage costs
1
The City Manager reviewed the final budget revisions and recommendations
proposed by.: the Council1s committee of the whole to the City Council.
as
CONSIDERATION
A recess was called by the cha':It' at 9 :4Q pm
the roll standing as originally takene
OF
THE
REVISED
PRELIMINARY BUDGET FOR
1971-72
the Council reconvening at
9:50
pm
The City Engineer
croachment permit
proposed
subject
RECESS
that the Pine Terrace residents be granted an en-
to conditions as set forth by the City Engineer
Councilman Sennett indicated his nffirmative vote was with the understanding
thnt the mntter would definntely be returned at the next-cregular meeting for
n decision.
AYES
NOES:
ABSENT
E llim-lood
Fnnning
!lice
The Chuir
Sennett
then called
Becker
original
the question on the/maun motion and motion carried.
A motion my Ellinwood, sQconded by Becker that consideration at the next ~egulnr
meeting be given to the budgeting of $1,500 for the City Councilmen's salaries
A motion to table this matter was made by Fanning and seconded by Sennett. The
Chair called the question and the motion failed.
AYES: COUNCILNEN: Fanning, Sennett
NOES: COUNCILNEN: Ellinwood, Becker
ABSENT: COUNCILNEH: Rice
The Chair then called the queation on the main motion~ad the motion failed.
AYES: Ellinwood, Becker
NOES: Fanning, Sennett
ABSENT: Rice
Councilman Fanning suggestedj' in resardn to the recent police study and proposed
annexation, that staff explore the implementation of police coverage in the
annexation areas.
Councilman Ellinwood requested<$22,OOO ,be allocated for't~e precise planning to
implement the drainage projects.
IV ADJOURNMENT
It being now the hour of 11:55 PH <~nd there being no :further business to come
before the Council, the Chair declared the meeting agjourned aine die.
cfL-.~
BERT BALNER City Manager/Clerk
/~
APPROVED BY THE CITY COUNC~ ON.
\~ /
"\. ..
\..
"'-
DENIS T TIBURON
CITY COUNCIL
CITY OF TIBURON
I CALL TO ORDER
The regular meeting of the City Council, City of Tiburon, State of
California, was called to order by Mayor Denis T. Rice at 7:35 p.m.,
July 26, 1971, in the Ci ty Hall Council Chambers,.
II. ROLL CALL
PRESENT: COUNCIL~ffiN: Becker, Ellinwood (7:40), Fanning, Rice,
Sennett
ABSENT: COUNCILMEN: None
EX OFFICIO: Bert A. Balmer, City Manager
Richard Breiner, Deputy City Attorney
Ray W. Foreaker, Jr., City Engineer
Louis V. Brunini, Supt. of Public Works
Hellen K. Hecht, Minute Clerk
III. APPROVAL OF MINUTES
No. 244 Action: Approved as amended
Ellinwood requested the following corrections to Minutes 244:
The third correction on page 1 should read "Walnut Creek
Associated Home Builders vs. The City of Walnut Creek."
Page 2, the first paragraph under Item 3, line 2, should
read: tI. . . in which she noted the City Engineer's
recomputed value of the land. . ."
Page 6, the following should be added to paragraph 2:
ft. · · adopted, as approved in a City Council committee
of the whole budget works session."
Page 8 should reflect Vista Del Mar Lane instead of Del Mar
Lane. .
Page 8, the first paragraph should read City-County Planning
Council.
Becker requested p1.g'3 3, line 4, to read "legal counsel. ff
On motion of Sennett, Minutes No. 244 of July 13, 1971, were adopted
as amended.
No. 245 Action: Approved as amended
Ellinwood requested the following corrections to Minutes 245:
On page 1, the l~st paragraph should read, "Question was
called and the motion of Fe.nning failed:"
Paragraph 4 on page 1 under Pedestrian-Bicycle Path Improvements
Bids, to read "A substitute motion. . ," At the end of that
paragraph, the following snould be added: "Mrs. James O'Conner
1.lfforded the position advocating the delay until July 26."
The first paragraph on page 2 should read: "The Chair then
called the question on the original motion . . ."
The last paragraph on page 2 should re8~d: "Ellinwood expressed
the need for . . . II anc. on line 3, "(3) budgeting for ini tiation II
July 26, 1971
MI~UTES #246 Page 1
1',1
IFUTES
:f
246
July
Page
26
2
1971
The Chair presented e resolution in blank tendered by the staff
in conjunction with the sen3e of the council at its last meeting,
to adopt a resolution dec12ring the council's interest in the
acquisition of Stra\'lberrl Cove.
RESOLUTION
The City Manager introduced Mr. Richard Arjo,
Community Development, to the council and the
RE
STRAWBERRY
COVE
Action:
Adopted Res
the new Director of
audience.
377
INTRODUCTION OF DIRECTJR
OF
COlv1MUNITY DEVELOPMENT
v
To a question by Fanni~g,
will begin work withi~ two
the project.
ITEMS NOT ON THE AGENDA
the City Engineer stated the cont~actor
weeks, and has five weeks to complete
Sennett requested the letter to HUD specifically advise that this is
the first single step of an over~ll plen, and that, in cooperation
with the Parks and Recrcatioa Department, the whole development
plan should be presented to HUDo
Fanning stated he had ext0nsivc conversations with Mr. Price of HUn,
who had assured hin HUD wants to participate in the funding and
their proceeding now will not jeopardi~e their position for receiv-
ing future assistance.
or funding of further development of
ikeway I
The Chair directed staff to file an application with HUD in order
that they would be considered in September. Ellinwood asked that
a letter be written to Mr. Julian Fitz.hugh, HUn Director for
Western Region Area B, expressing council~s appreciation for the
time given to the meoting and indicating the council's inten~ion
to proceed with tte development.
AYES
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
B8cker,
Nene
None
Ellinwood,
Fan::1ing,
Ri ce ,
the
Question was
carrie d
Sennett
called on
tACitY officials and ,
Ellinwood presented to the council a wri ten report and conclusions
of a meeting held on July 23, 1971, wit HUn officials re possible
funding of improvements f0r the former NWPRR right-of-way. She
concluded if the city proceeds independently with improvements th~ir
opportunity far consideration of future assistance is not eliminated
but will be more difficult.
the
motion,
as
amended,
and the motion
Sennett
Bid No.
amended the motion
3.
include the council
accepts
Alternate
to
The City Engineer presented the report on the bids for the construc-
tion of the pedestrian-bicycle path. He recommended acceptance of
the low bid by Brown-Ely Company of San 'Rafael, at $1,OlZ.56.
:24t/ 71"5". ~
Motion of Fanning, seconded by Ellinwood, that the council accept
the low bid of Brown-Ely Company and instruct the City Engineer to
prepare the contrects and proceed with the full asphaltic concrete
paving project for the entire length from Blackie's Pasture to Cove
Road of the Richardson Bay Trail.
BICYCLE-PEDESTRIAN PATH
CONSIDERATIOI~ OF BIDS
Coun ci 1
Bid 3
1
,
Action
accepted Alternate
IV
On motion of Ellinwood
amende d .
ORDINARY BUSINESS OF THE COUNCIL
,
Minutes
245
of July
19
were approved as
MINUTES
#246
July
Page
26,
3
Becker reported he had met with Mr. and Mrs. Rufus Thayer,
Mr. James Derryberry, Mr. Ray Foreaker and Mrs. Polly Smith
1971
MEADOWHILL SUBDIVISION
WALKWAY REPORT
Motion of Ellinwood, seconded by Becker, to approve the statutory
nominations, of Mrs,. Ja~que~ine .Par~el~, and no~-sta't~tqry 'app'ointment
of. Rog,er Dan.ford and John.H a,Ll to ..the P l.anning "Commission, carried
all ayes. appointment of
Motion of Fanning, seconded by Becker, to th~ non ~tA~ut
appointments of Mr. William O'Neill to the and Recreatl.on
Commission, carried: All Ayes.
2
Action
Continued to August 9
IV
ORDINARY BUSINESS OF THE COUNCIL
accep t
Parks
Messrs. Roger Danford and Mr. John Hall were appointed as the
advisory, non-voting members of the Planning Commission. Their
appointments would be for no more than a year and would be
subject to mutual review by the council at the end of three
months.
The Chair announced the following nominations: To the Parks
Recreation Commission, to fill the term of Polly Smith, who
resigned July I for appointment to the .County Parks and Recrea-
tion Commission, the appointment of Mr. William O'Neill; to
the Planning Commission for the term of Allan Littman, whose
term recently expired and who indicated he does not wish to
remain on the Commission until the annexation election, the
appointment of Mrs. Jacqueline Parnell. He stated Mrs. Parnell
has agreed she would not participate in the consideration of
Hilarita because of her activities in the Ecumenical Association
and
APPOINTMENT OF NOMINATIONS TO COMMISSIONS
At the request of Fanning, the Chair directed a copy be sent
to the Strawberry Recreation District, with a cover letter from
the Mayor indicating the City of Tiburon's interest in cooperat-
ing with them in any way possible to acquire this area
The Chair further directed a copy of the resolution be sent to
the Board of Supervisors, who will be considering the Cove
development project on August 30.
At the suggestion of Fanning,
resolution be forwarded to the
Commission
the Chair directed a copy of the
Bay Conservation and Development
AYES:
NOE S:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
Becker
None
None
Ellinwood
Fanning,
Rice,
Sennett
Question was
With the approval of Sennett, Becker amended the first sentence of
the resolution to read: "The area known as Strawberry Cove"
rather than "the land known as--:-:- ."
called,
and the
motion,
as
amended,
carried
It was
377.
moved by Sennett,
Ellinwood requested the resolution be amended in the third
WHEREAS, deleting "Marin County Planning Department" and substi-
tuting "Marin County Planning Commissio~ "
seconded by Becker,
to adopt Resolution
)
For the benefit of the audience, the City Manager read the resolu-
tion in its entirety, entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TIBURON DECLARING ITS INTEREST IN THE ACQUISITION OF
THE STRAWBERRY COVE
11246
July
Page
26
4
MINUTES
Fanning requested an ordinance be drafted prohibiti~g
traffic on paved surfaces of the Richardson Bay Trail.
,
motorized
The City
1971
Mrs. Bodian questioned the need for 4 or 5-foot wide footpaths
The Chair suggested this be answered when the Trails Plan is
discussed.
Mrs. Bonnie Raisin requested consideration be given to hiring
crossing guards at the necessary places from the subdivisions to
the pedestrian right-of-way, and whether this could be done
before September.
Mrs. Mary Price questioned (1) the need for an assistant plan-
ning director now that a full-time director has been hired;
(2) why Tiburon's street sweeper was being used in Belvedere;
(3) a complaint about the quality of the service of Cable TV;
(4) why repairs to Mar West have consistently been put off;
(5) why her letters to Ci ty Hall are not answered; (6) use of
the funds set up to extend Centro West to Esperanzo several
years ago via city easement to eliminate the traffic on Mar
West; and (7) what happened to the $6,000 budgeted for Marin
Transit Systems and never used. The Chair directed staff to
look into the matters raised by Mrs. Price
v
The Chair directed this matter referred to the City Attorney and
requested Mr. Thayer to furnish in writing the information pre-
sented to the council to the City Attorney for his opinion on
the legal arguments, with the matter being returned August 9.
ITEMS NOT ON THE AGENDA
Mr. James Derryberry indicated his concern about proceeding with
the subdivision improvements and urged a decision be reached
at the earliest possible date.
Planning Commissioner Al Kuhn suggested it would be
interests of the city to try to formulate a policy on
trails system. Ellinwood stated the city has formally
Master Trails Pla~
to the best
the
adopted
.
a
Mr. Jeff Knight, chairman of the Parks and Recreation Commission,
stated it is their intent that neighborhood paths and walkways
be preserved in their natural state so far as practical. When
improvements are recommended, they favor a non-erodab1e surface
being used.
Mr. Rufus Thayer presented a petition from the residents in the
area of the proposed subdivision requesting the asphalting provi-
sion be de1eted from the subdivision map and requesting any plan
for improvements be deferred until the residents of the Meadow-
hill Subdivision can express a need for footpaths. He further
cited from Section 11546 of the Business and Professions Code
which sets out certain provisions for acquisition of open space
within subdivision areas, and stated since all the requirements
of parts C, D, E and F of that Code Section have not been met,
such dedications in the Meadowhil1 Subdivision are invalidated
and therefore voidable. He further cited the case of Associated
Horne Builders vs. The City of Walnut Creek which refers to
forced dedications and concludes that if such properties are
not acquired in accordance with Section 11546, as interpreted
by this decision, again there may be an invalid dedication.
He ci ted further sections of the Government Code, and in accord-
ance with the information presented, requested the petitioners'
request be granted.
in regard to improvements of footpaths on the Derryberry subdivi-
sion. They agreed on a compromise of construction of steps
from the proposed cuI de sac to a proposed trail, and Becker
agreed to prepare and circulate a memorandum among the partici-
pants as a basis for subsequent action.
Manager responded the existing ordinance provides the necessary
authority. The Chair directed this be reviewed.
8. DISCUSSION OF REVISED Action: Adopted Res. 378
PRELIMINARY BUDGET and
9. ADOPTION OF 1971-72 BUDGET
The City Manager presented to the council changes in the budget
previously submitted in memorandums of June 24 and July 19, and
agreed upon by the council committee of the whole.
Motion of Sennett, seconded by Becker, that the sum of $16,515
be shown in the Land Acquisition fund in the forthcoming budget
carried: All Ayes.
In regard to crossing guards, the City Manager stated they have
funded for three crossing guards for Mira Flores, LyfGrd and
Rock Hill. Belvedere has agreed to share in the cost for the
guards at Mira Flores and Lyford. Mrs. Bonnie Raisin urged
crossing guards be used also at Jefferson and Little Reed Heights
Sennett stated there are funds in the contingency that could be
used for additional guards and suggested staff prepare a report
on this matter.
Messrs. Al Kuhn and Don Loomis urged additional crossing guards
be hire d , and that a definite commitment be made for these
guards in the budget.
After further discussion, the Chair directed this matter on the
August 9 agenda to determine the desirability of one or two
additional guards and/or changing the crossings already desig-
n ate d.
It was moved by Sennett, seconded by Becker, to adopt Resolution
378, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON
ADOPTING A MUNICIPAL BUDGET FOR THE FISCAL YEAR 1971-72.
It was moved by Ellinwood to include $1500 for possible council
salaries. She stated she would favor budgeting this amount
for two mon ths ' salaries in case the new council elected in
April w~shed to be salaried. Fanning suggested the contingency
fund would cover the salaries, and that the matter be continued
for further discussion.
Ellinwood withdrew her motion and requested future consideration
be given to the matter.
Question was called on the motion to adopt Resolution 378, and
the motion carried:
AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Deputy City Attorney requested the last paragraph of the
resolution show a regular meeting rather than an adjourned
meeting.
6. POLICE STUDY REPORT Action: Report accepted and matter
cont'd to August 9
The City Manager presented to the council the Police Study Report
prepared by Chief Kreins. The Chair referred the matter to staff
for their in-depth analysis and recommendations, to be returned
August 9.
At the request of Sennett, the Chair directed residents in
Strawberry and Bel Aire be given an opportunity to look at the
report with respect to the suggestions made pertaining to those
areas. The Chair further directed copies be made available to
July 26, 1971
MINUTES #246 Page 5
members from Belvedere and Tiburon who served on the Joint
Police Study Committee.
RECESS
A recess was taken at 9:25 p.m., the council reconvening at
9:45 p.m. Mayor Rice was excused from the meeting and Mayor
Pro Tern Becker assumed the Chair.
13. TIBURON LANES AND PATHS
This matter was continued to August 4.
3. ACCEPTANCE OF FINAL ~~p - Action: Adopted Res. 379
MT. TIBURON UNIT NO.3
The Ci ty Engineer presented to the council for adoption the
Final Map, Mt. Tiburon Unit 3 Subdivision, and acceptance and
rejection of various offers of dedication.
After discussion, it was moved by Sennett, seconded by Fanning
to adopt Resolution 379 accepting the Final Subdivision Map
of Mt. Tiburon Unit 3. Motion carried:i
AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Rice
10. ACCEPTANCE OF GRANT OF RIGHT-OF-WAY Action: Adopted Res 380
FROM ~~RIN MUNICIPAL WATER DISTRICT
The City Engineer presented to the council a resolution accepting
the grant of right-of-way over the Marin Municipal Water District
Sugarloaf Tank lot.
Motion of Fanning, seconded by Sennett, to adopt Resolution 380
accepting the grant right-of-way, carried:
AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Sennett
NOES: COUNCIL~ffiN: None .
ABSENT: COUNCILMEN: Rice
Mr. Don Loomis expressed the appreciation of the Parks and
Recreation Commission and the City of Tiburon to Mr. Irving
Moulin for the high regard for the development on his portion
of Mount Tiburon. Ellinwood concurred in the commendation.
4. ECOLOGY RECYCLING DEPOT Action: Adopted City Mgr's report &
STAFF ANALYSIS recommendations
The City Manager presented to the council the staff analysis of
the Ecology Recycling Depot recommending continuing the $600
fund support, instructing the police to cite violators who
dump debris at the Depot, and providing occasional Public Works
assistance when requested. He further recommended no improve-
ments be installed that cannot be moved at a later date, and
that a debris box be retained which would remain inside the
Depot's fenced area for use only by the Depot's operator.
Mr. Aramburu spoke in support of the recommendations of the
Ci ty Manager.
Motion of Sennett, seconded by Fanning, to adopt the City
Manager's report and recommendations, carried:
AYES: COUNCIL~ffiN Becker, Ellinwood, Fanning, Sennett
NOES: COUNCILMEN None
ABSENT COUNCILMEN Rice
July 26, 1971
MINUTES #246 Page 6
In accordance with a request by Fanning, the City Manager agreed
to check on the city's insurance policl to ensure Mr. Aramburu
is adequately covered should anyone be hurt at the recycling depot
5. SUBDIVISION PARK DEDICATION Action: Recei ved Report
REQUIREMENTS
The City Manager presented to the council an informational report
advising that the staff has drafted a revised ordinance, in
accordance with council's recent discussion on dedication of
parks and recreation land. This ordinance will be circulated
to the Parks and Recreation and Planning Commissions for their
review. Following action by the two commissions, the matter
will come to the council for final action.
7. CAMPING AND OUTDOOR Action: Adopted Res. 381
FIRE REGULATIONS
tJl The City Manager presented to the council a proposed ordinance to
S::"d
-..-I s:: regulate camping and outdoor fire regulations, as requested by
s:: m a citizen following an incident of unauthorized camping.
0
r-I ~tJl
-..-I s:: It was mov~d by Fanning, seconded by Ellinwood, to adopt Resolu-
u S::-..-I
~ ~~ tion 38l~J1t~ftftj.ftt./J"'~/Jj.~PlfJJ'1/:ZPJ'1)J'1,t/fJj~)J1ftf1t-~/,t.P/P;Cp;tJ)#/Jp/:
r
u ? ,,,p ;~ ft / "~P /?)4J P??, / f j." / " $)4 J. ,.,.). flJft1 J
u ..ou
4-1 -..-I .
~ 0 8 ~ Ul It was moved by Sennett, seconded by Becker, to delete the phrase
+J os::
-..-I s:: 0> 4-1 0 from the resolution, in paragraph 3, "according to the attached
U 0 rC: -..-I
~+J O>+J ordinance draft."
0> ::J 'Om
rC: ..0 '0 -..-I r-I
+J -..-I s:: :>::J Sennett stated he favored a simple ordinance similar to the
80>0tJl
4-1 ~ HO> ordinance prohibiting motorcycles on private property.
o 4-1 Adl:;
0
s:: 000> To a question by Ellinwood, the City Manager stated he has a
O~+J+J~
-..-I +J -..-I letter from the Chief of the Tiburon Fire Protection District
+J -..-I s:: 0> Ii..
::JU 0 0 which states there is no conflict between the Tiburon Fire
r-I -..-I s:: ~ Department and the Zoning Ordjnance.
OO>+Jmo
Ul rC: s:: s:: 0
0> +J 0> -..-I '0
P::; +J"d+J Question was called, and the motion to .amend the resolution
4-1 s:: ~ ::J
f:t:OHOO carried:
AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Rice
Question was called on the main motion, and the motion carried:
AYES: COUNCI LI\lEN: Becker, Ellinwood, Fanning, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Rice
Becker requested the record reflect that he, as a councilman,
approved of the model of the ordinance because it is broad and
its emphasis is on concept rathel' than detail.
11. LOWER RACOON LANE AMENDMENT Action: Adopted Res. 382
EASEMENT
The City Manager presented to the council a resolution amending
the present resolution closing Lower Raccoon Lane to motorized
vehicular traffic to permit occasional use of the lane by emer-
gency vehicles and to vehicles for unusual purposes as deemed
necessary and appropriate by the City Manager. The Chair stated
previous council discussion had favored the occasional use by
permi t.
July 26 1971
MINUTJS #246 Page 7
The Deputy City Attorney requested the name of the resolution be
changed to read A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TIBURON AMENDING RESOLUTION 349 CLOSING LOWER RACCOON LANE TO
MOTORIZED VEHICULAR TRAFFIC.
It was moved by Ellinwood, seconded by Sennett, to adopt Resolu-
tion 382 amending Resolution 349 closing Lower Raccoon Lane to
motorized vehicular traffic.
The Chair directed copies of the resolution be sent to the resi-
dents in the area.
In response to a question by Ellinwood, the City Manager stated
under the amendment the City could interpret a trailer being used
to haul trash as a necessary and unusual use from the standpoint of
eliminating a fire or health hazard, and could issue a permit
in this instance.
In response to a question by the Chair, the City Manager stated
they could maintain the areas dedicated to the city, but not the
pri vate areas. At the present time two owners have dedicated
thei r property.
Mrs. Price and Mr. Soldavini spoke against the lane being used
for any vehicular traffic. The Chair suggested a conference be
set up between the residents of the area and the city staff to
discuss consideration of maintenance and use.
Motion of Sennett, seconded by Fanning, to amend the resolution
under Condition No. 1 to read, "Except for emergency uses and
for those temporary uses being necessary and unusual and with
the written permission of the City Manager, "
. . .
Mr. Edmund Bartholomew objected to the amendment as being
amb iguous.
Sennett revised his motion, in accordance with the suggestion of
the Deputy City Attorney, to read: "Except for those temporary
uses deemed necessary and unusual and with written permission
of the City Manager, and except for emergencies, "
. . .
Question was called and the motion to amend carried: All Ayes.
Question was called on the motion to adopt Resolution 382, as
amended, and the motion carried: All Ayes.
12. McCART COURT DEDI CATION Action: Res. 383 adopted
Notion of Fanning, seconded by Sennett, to adopt Resolution
No. 383, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON
ACCEPTING AN OFFER OF DEDICATION OF McCART COURT AS A PUBLIC
STREET, carried: All Ayes.
VI. CONSENT CALENDAR
After remanding certain items from the Consent Calendar to the
General Calendar, it was moved by Sennett, seconded by Becker,
to adopt the Consent Calendar consisting of the following items:
16. CITY ENGINEER'S REPORT
18. URBAN DEVELOPMENT REPORT
19. CASH FLOW REPORT
There being no objection, the Chair declared the Consent Calendar
adopted by unanimous consent.
July 26, 1971
Iv1I NUTE S # 2 46 Page 8
IV ORDINARY BUSINESS OF THE COUNCIL
-
14. PARADISE DRIVE WALKWAY REPORT Action: Report accepted
The City Manager presented an informal report on the Paradise
Drive walkway, with the request the agreement with Brown/Heldt
design consultants, be extended for a period of 30 days, to
August 27, 1971, to allow for a further meeting on the subject
Motion of Fanning, seconded by Becker, to grant the extension,
carried: All Ayes.
15. SENIOR CITIZENS MATCHING FUNDS Action: Report received &
AGREEMENT WITH COUNTY OF MARIN recommendations adopted
The City Engineer presented a report recommending the council
enter into a Joint Powers Agreement with the County of Marin for
the sponsorship and joint funding of the Senior Citizens Program,
as previously supported by the city, and that council approve
funding of the $300 allocated in the 1971-72 budget.
Motion of Sennett, seconded by Fanning, to adopt the recommendations
of the City Manager's report, carried:
AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Rice
17. POLl CE REPORT
Fanning questioned the 8,OOO-mi1e reduction in patrol miles and
why the figure continues to go down. The City Manager agreed to
check on this matter and submit a report.
There being no objection, the Chair declared the Police Report
accepted.
21. REGISTER OF CLAIMS
Motion of Fanning, seconded by Sennett, to accept Register of
Claims No. 84, carried:
AYES: CO UN C I LfvlEN : Becker, Ellinwood, Fanning, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Rice
V. ITEMS NOT ON THE AGENDA
AwardinK of Bid, Tiburon Bouleva!d Parking
The City Engineer presented to the council a report on bids
received for the construction of additional paving along the
northerly side of Tiburon Boulevard between the real estate
office and the pTo1ongation of Main Street. He stated this
project had been funded in 1970-71, and he would now recommend
the council authorize awarding the contract to Brown-Ely
Comp any, the low bi dder, fOT $7,012.50.
Motion of Sennett, seconded by Fanning, to adopt the recommenda-
tions of the City Engineer and authorize him to award the con-
tract to Brown-Ely Company, the low bidder, carried:
AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Sennett
NOES: COUNCILMEN: None
ABSENT COUNCILMEN: Rice
July 26 1971
MINUTES #246 Page 9
MINUTE
)
1 BuRoN
It
246
J'uly
Page
26
10
1971
-'
APPROVED BY THE CITY COUNCIL ON
1971
It being now the hour of 11:14 p.m., July 26
being no further business to come before the
declared the meeting adjourned to Wednesday,
1971, and there
council, the Chair
August 4, 1971.
VII.
Ellinwood requested the
meeting of July 13 the
be made on July 26 to
Boulevard. She
meeting.
ADJ OUR1'lNENT
City Manager remind the Mayor at the
City Manager recommended appointments
the citizens committee studying Tiburon
requested the appointments be made at the next
Ap:gointments
To a question by Ellinwood, the City Manager stated there is
money in the budget for repairs to City Hall. Ellinwood
requested consideration be given to improving the lighting in
the parking lot.
to
Highway Committee
City Hall Repairs
~--...-..........
Ellin\iood referred to a marathon race that came through Tiburon
last Saturday in which people were running on both sides of
the highway and crossing over. She urged procedures be estab-
lished with the police department governing foot races in the
city, and that consideration be given to limiting them to one
side of the highway and erecting temporary signs notifying
drivers of the marathon race. The Chair stated he had been
contacted a month ago about the race and had outlined procedures
to be followed, which had been ignored. He stated he would
have qualified people in the field whom he knew contact the
City Manager to discuss the problems and procedures followed in
other cities to help Tiburon adopt a policy.
Adoption of Po~icy
for
M
arathon Races
August
Page 1
4
1971
C ! '':Y
Commissioner Ellman summed up th2 presentation by reading to the Council certain
policies, suggestions and obj~' ':ives of the Park and Recreation Commission, per-
taining to Open Space-Lanes & Peths and made specific reference to Park and
Recreation Commission Resolution No. 25...rUecom~ending The Tiburon City Coun~tl
Adopt Certain Policies P8rtaining to the Acquisition, Development and Maintenance
of Lanes and Paths In Old Tiburon and Lyford's Hygeia". The Commission was of
the opinion that as the Tiburon Penins~!la is developed, easements should be pro-
vided for public use in the fo~ D1 lanes, paths and trails. The Park ~nd Recrea-
tion Commission also reco~2~~~ed trqt (~) t~~ r~ths and lanes and other sites be
included as part of the O:)on Spc:~0. Elcm~nt of the C5. ty I S General Plan; (2)
C07_~i~ II.
HINUTES
11247
Commissioner Ellman then prepared lanes map indicating
potential park and bench sites been four years in the making. The first
map was originated by the late Cc~missi0ner George WcKegney. Commissioner Arnold
showed slides of the various paths, lanes, parks and bench sites in Old Tiburon
as Commissioner Ellman noted each on the new lanes map. Commissioner ~'Neill
referred to the status of lanes and paths in other cities in ~arin County,
specifically, Belvedere, Mill Valley and Sausa1ito. consensus that
cities own and mai~~~..il most of the primary lanes in
This was confirmed by the City Manager in ref~~ence
Mill Valley
reviewed the
t\7h =. (: l:1 ha s
The :~as these
their respective cities.
to the present lanes policy
in
1:ecently
Dave Teather discussed the Park and Recreation Co~~i ion's project of studying
and mapping the lanes and paths of Lyfords Hygeia \\vOld Tiburon. He mentioned
the Commission has been working on this project for the past two or three y~ars
and these lanes and paths were of utmost concern and interest to many residents
of Tiburon. He requested the City acquire these lanes and paths~ and maintain
them for safe public use
Tiburon
Lanes
and Path Pre!~n~}ti~~
IV
The Chair then, in accordance with the Government
hearing until Monday, August 16, 1971, at 5:45
whether time was being provided to verify the
_~H hU~INESS
p.m
signatures
Code, recessed the protest
Councilman'.Fanning questioned
on the protests.
Chairman Becker declared the protest hearing opened and asked if all of the annex.
ation protests had been filed with the City Clerk. The Chair then called a recess
at 7:40 p.m. and requested the City ~~nager/City Clerk to determine the amount of
assessed valuation which had been received ~s of that time relative to each annex-
ation area. Chairman Becker called the mQP:"':"~..:;,back to order at 0:00 p.m., at
which time the City ~~nager indicated the amount of assessed valuation protests
required to stop the annexation proceedings in Annexation Area No. 1 (Strawberry)
was $2,834,270. The total value of the protests received as of that time was
$40,065. The total amount of assessed valuation in protests which was required to
stop the annexation proceedings in Annexation Area No. 2 (Eagle Rock-Bayview
Heights-Bel Aire) was $946,357. The amount of assessed valuation in protest
received as of tha t ti!'1n \:~as a total of $349.348
III
ANNEXA TION
Becker
Rice
Be~t Balmer, City Manager
Robert L. K1ei~8rt, Assistant
Robert I. Conn, City Attorney
Richard Breiner, Deputy City Attorney
Richard Arjo, Director of Community Development
Louis V Brunini Supt of Pt~.blic Works
PROTEST
HEARING
City
Uanager
PRESENT
ABSENT:
EX OFFICIO
COUNCILMEN
COUNCILMEN
ElliUvlood
(7
40)
Fanning
Sennett
II
An adjourned meeting of th~ City Council, City of Tiburon
was called to order by Mayor ~ro Tem Carlisle Becker at 7
in the City Hall Council Chambers.
RO~I:~LL
State of
35 p.m.
California,
August 4 1971
-,
CALL TO ORDER
CITY COUNCIL
CITY OF 'fIBURON
August 4
Page 2
1971
CCITY COUNCIL MINUTES
11247
DENIS T
APPROVED BY THE
RICE
UAY:OR OF
CITY
THE
CITY OF
1971
TIBURON
BERT
a
BALHER
rlZL
City Manager/Clerk
It being now the hour of 9:40 P.M. and
before the Council the Chair declared
there being no further business
the meeting adjourned sine die
to come
VI
Councilman Ellinwood referred to Senator Behr's Senate Bill regarding bicycle
regulations and road signing which was killed in the Assembly Ways and Means Com-
mittee. Ellinuood moved, seconded by Sennett, that a proposed resoltuion along
with a cover letter reflecting the Council's concern be prepared by staff and
brought back at the next Council Meeting rwtion carried: All Ayes
ADJ CURm-tENT
suspense calendar
Councilman Sennett requested staff reactivate
Councilman Fanning brought to the attention of the City Manager that an abandoned
vehicle has been located along the Tiburon Boulevard right-of-way near the Trestle
Glen intersection for the past two or three days
the
Councilman Sennett made reference to his letter requesting from the City ~~nager
and Director of Community Development a realistic timetable of dates concerning
the programming and implementation of the open space element
v
The City ~~nager indicated staff would submit a proposal of priorities, improve-
ments, proposed maintenance and costs in regard to the acquisition of lanes and
paths in old Tiburon
ITEHS NOT ON THE AGENDA
Councilman Fanning
Commission.
reques ted reviet'1
of the
lanes and paths
proposal
by the Planning
AYES
NOES
ABSENT
COUNCILHEN
COUNC IU,IEN
Be cke r
None
Rice
E1lint1ood
Motion by Sennett, seconded by Fanning, to accept the lanes and paths
exhibits, with deep appreciation to the Parks and Recreation Commission;
matter be referred to staff for a detailed analysis of the material, and
consultation with the community at large, recommendations and resolutions
implementation be brought back at the earliest possible date. Councilman. Fanning
suggested to staff the possibility of cyclical implementation of the proposed lanes
and paths acquisition. Councilman Becker recommended early consideration of other
.reas of the city regarding lanes and 'paths priorities, and suggested a similar
presentation to the Planning Commission. Question was called on the motion of
Sennett and the motion carried
Fanning
Sennett
map and
the
after
for
Mr. Steve Kauffman referred to the status the pending litigation concerning Lower
Raccoon Lane. ~tr. Al Aramburu questioned the Parks 'and Recreation's policy con-
cerning asphalt surfacing for lanes and paths. ~Chapman suggested involving
residents living both inside and outside of the City for consideration of this
lanes and paths proposal. ~~ .
referred the matter back
presentation
The Chair closed the public
final consideration of the
discussion and
lanes and paths
to Council
for
(2) No lane or path in public ownership be abandoned
strong reasons for doing so; (3) Paths and lanes
nates to sidet1alks (see Parks & Recreation Trails
November 7, 1967); and (4) There be an annual
ing and maintaining the paths within the City
unless there are unusually
be designed to serve as alter-
Policy Recommendations, dated
investment by the City in develop-
CITY COUNCIL MINUTES
11248
August 9,
Page 1
1971
Staff to write letter to
Mr. Scarpulla indicating
Council's interest
The City Manager presented to the council a letter received from
Mr. Francis O. Scarpulla, attorney for Mr. Leonard B. Fleischman,
dated August 3, 1971, addressed to the Mayor of Tiburon, regarding
the development of the Strawberry Cove property. With the approval
of Messrs. Fleischman and Paul Broman, Mr. Scarpulla set forth
certain conditions under which he would negotiate an arrangement
whereby the City of Tiburon could acquire the Fleischman property,
and requested an answer prior to August l5, 1971.
1.
STRA~1BERRY
COVE
DEVELOPMENT
Action
IV.
Becker requested page 3, the last paragraph under Appointments of
Nominations to Commissions, in line 1, ~lnon-statutory11 be deleted,
d ') h. f "
to rea, ... accApt t e appo1.ntment 0 . . . I.
ORDINARY BUSINESS OF THE
COUNCIL
On pagp. 4, paragraph 4,
Trails Plan.H
1 ine 4
should end with
'Master
In paragraph 4
July 23, 1971,
officials. ,')
under Item 1, line 2 should read, after
!'.. with city officials and with HUD
On page' 2, paragraph 1, under Item 1
should be changed to read $34,785.25
,
.
the amount
in line 3
Ellinwood requested the following changes to Minutes No.
Fanning requested the following change to Minutes 246 on page 7,
paragraph 2, under Item 7, line 2, l1Resolution 381 amending the
Tiburon Zoning Ordinance, the resolution of intention to amend
and refer to the Planning Commission. . .n
246
No
246
Action:
Approved as amended
III.
ABSENT:
EX OFFICIO
COUNCILMEN
COUNCILMEN
Becker,
Sennett
None
Bert Balmer, City Manager
Robert L. Kleinert, Assistant City Manager
Richard Breiner, Deputy City Attorney
Ray W. Foreaker, Jr., City Engineer
Richard Arjo, Dir. of Community Development
Louis V. Brunini, Supt. of Public Works
Hellen K. Hecht, Minute Clerk
APPROVAL OF MINUTES
,
Ellinwood
(7
40)
,
Fanning
,
Rice
PRESENT
II
The regular meeting of the City Council, City of Tiburon, State
of California, was coIled to order by Mayor Denis T. Rice at
7:35 p.m., August 9, 1971, in the City Hall Council Chambers.
ROLL CALL
I.
CALL TO ORDER
CITY COUNCIL
CITY OF TIBURON
August 9
Page 2
CITY COUNCIL MINUTES
The Chair directed the City Manager prepare a report on the ques-
tions of (a) what other citizens might be involved in a prog:am of
crossing guards, (b) what about weekends, (c) is there anything the
council can do concretely besides urging more frequent patrols to
enforce the speed limits on Tiburon Bou~vard
1/248
,
1971
AYES:
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
Becker
None
None
,
,
Question
carried:
Ellinwood
Fanning
Rice
Sennett
was called on the motion of Fanning
Ellinwood spoke in favor of crossing guards throughout the day and
on weekends. Sennett urged the staff explore the possibility of
supplementing the crossing guards with both senior citizens and
young people between the ages of 16 and 18.
,
and the motion
Mr. Don Loomis spoke in favor of the study for further signaliza-
tion at the two intersections. Members of the audience spoke of
the dangerous situations existing at the intersections, urged
crossing guards be hired, and the speed limit be lowered.
It was moved by Fanning, secon~ed by Becker, that the Council auth-
orize the City Manager to include crossing" guards at both Jefferson
Drive and Stewart Drive, to be ready in time for school, and that
the City Engineer pursue further signalization of Tiburon Boule-
vard wherever necessary.
Authorized cross-
img guards, Jeffer-
son & Stewart
The City Engineer presented to the council a written report on the
crossing safety at Jefferson Drive and Stewart Drive. He recom-
mended crossing guards are justified at both these intersections
2.
PEDESTRIAN
Mr. Paul Broman stated they would be happy to adjust their offer
to delete the reference to annexation, and further indicated their
willingness to negotiate with the City of Tiburon in the purchase
of this property.
CROSSING AT JEFFERSON DRIVE
Action
The Chair directed staff to further draft a letter to the Strawberry
Recreation District advising them of the city's interest in this
property and exploring the possibility of a joint cooperative
approach to the acquisition of the parcel
Sennett requested the Parks and Recreation Commission be asked to
comment on this matter, and the City explore immediately the
possibilities of funding through HUD's Open Space PIau. ~,
There being no objection, the Chair directed staff to draft a
letter, for the Mayor's signature, to Mr. Scarpulla indicating
that this matter was discussed at the City Council meeting and the
councilmen are definitely interested in the proposed offer. He
requested a date be set up for a meeting with the Chair, the
City Manager and Mr. Scarpulla to consider this matter, to come
back to the council with further information.
It was the sense of the Council that the City of Tiburon is inter-
ested in acquiring the Strawberry Cove area regardless of the out-
come of the annexation election, and therefore the sale should
not be conditioned upon the annexation election, as set out in
condition (a) in Mr. Scarpulla's letter.
The City Manager stated the Planning Commission on August 2, 1971,
endorsed City Council Resolution 377 in which the Council expressed
its interest in acquiring Strawberry Cove for natural open space
and public park and recreation area.
CITY COUNCIL MINUTES
t/248
August 9,
Page 3
At this point the
not recognize the
Chair interrupted Becker and stated he
motion as it is not clear.
1971
would
Becker referred to the memorandum he prepared to the City Council
setting forth a report of a meeting between Mr. and Mrs. Thayer,
Mr. Derryberry, Parks And Recreation Commissioner Polly Smith,
the City Manager and himself. Becker moved that the council accept
the recommendation in the memo he prepared, to-wit, the stairs and
path connecting the cuI de sac with the future parking area and
the easterly link be constructed and that Mr. Derryberry
There being no objection, the Chair ruled the offer of dedication
by Mrv Derryberry legal, Pond questioned what action the council
wished to take at this time.
The Chair stated this matter had been continued from July 26 to
resolve certain legal problems, and he questioned the Deputy City
Attorney at this time l~hether the council has a legal impediment
barring Mr. Derryberry's offer of dedication of a path. The
Deputy City Attorney stated the offer of dedication of Mr. Derryberry
was perfectly legal. He referred to his written response to Mr.
Rufus Thayer's memoradnum of AUgLSt 4, 1971, in which he answered
the points raised in the memorandum.
MEADOWHILL SUBDIVISION
v
ITEMS NOT ON THE AGENDA
The Chair directed the matter continued until after the recess
Miss Vickie Cook
only ground open
urged horses be allowed
for ~iding in the area.
on the path as it
Planning Commissioner Allan Thompson urged action be taken on the
ordinance this evening an~ that horses be prohibited from the
paved portion.
is the
There being no objection, the Chair continued the vote on this
matter until after the recess in order that the Deputy City Attor-
ney could redraft Paragraph l2(a)o
With unanimous consent, the Chair directed that the reading of
the full ordinance be waived and the ordinance was read by title
only.
Fanning moved, seconded by Becker, for the adoption of Ordinance
74 N.S., AN URGENCY ORD:NANCE OF THE CITY OF TIBURON AMENDING
CHAPTER 23 OF THE TIBURON CITY CODE BY PROHIBITING MOTORIZED
VEHICLES AND HORSES ON BICYCLE-PEDESTRIAN PATH; and that the
third sentence in Paragraph l2(a) be reworded in such a manner
that motorized vehicles are prohibited on any part of the right-of-
way and that horses are banned from the paved portion of the right-
of-way.
The City Manager recommended the title be changed to include
prohibiting motorized vehicles; and Section l2(a) be changed to
include in lJ.ne l}, !/any motorized vehic1e;'J line 5 to read
Hany improved surface portion . . .;7
The City Manager presented to the council Ordinance 74 N.S. AN
ORDINANCE OF THE CITY OF TIBURON AMENDING CHAPTER 23 OF THE
TIBURON CITY CODE BY PROHIBITING VEHICLES AND HORSES ON BICYCLE-
PEDESTRIAN PATHo
3
AMENDING CHAPTER 23 OF THE
CITY CODE - TRAFFIC PROVISIONS
Action
Continued until after
recess
CITY COUNCIL MINUTES
It was moved by Sennett, seconded by Becker,
to reflect the changed language suggested by
Motion carried: All Ayes.
11=248
August 9
Page 4
to amend the ordinance
the City Attorney.
,
1971
It was moved by
numbered 74 N.S
Sennett to adopt the Emergency Ordinance
, as amended.
The Chair read to the council Paragraph l2(a)
as redrafted by the Deputy City Attorney.
,
being
(Cont'd) M1ENDING CHAPTER 23
OF THE CITY CODE - TRAFFIC PROVISIONS
of Ordinance 74 N.S
ORD. 74 N.S. as
amended, adopted
.
3.
Action
IV.
Mr. Keith Edwards of Little Reed Heights referred to past action
by the council wherein they were considering abatement proceedings
against the Richardson Bay Sanitary District but tabled the
matter oecause ot the/election and promised improvements. As
citizens in the area are again upset with the odors, he requested
the matter be brought back before the council. The Chair directed
this matter set for the meeting of September 13
ORDINARY BUSINESS OF THE
COUNCIL
~
A recess was taken at 9:10 p.m., the council
p.m., the roll standing as originally taken.
reconvening at 9:20
RECESS
There being no further action by the council, the Chair directed
this matter continued, with the direction if Mr. Derryberry
develops a precise plan between now and the next meeting, and if
he indicates an interest in putting in railroad ties, the City
Manager should calendar this matter for the next meeting. Mr.
Derryberry must have a definite proposal to present, however or
the existing plan will remain in effect.
Mrs. Katthe Thayer, president of the Marinero Home Owners Associa-
tion, stated they now have the signatures of 45 people on their
petition, and it was their consensus that the path be left in its
natural state, with no improvements at all. It was their suggestion
railroad ties be used for the stairway.
The Chair declared the
It was moved by Becker that the improvements to the westerly portion
of the path shown on the improvement plan be deleted and that Mr.
Derryberry be so informed. Motion died for lack of a second.
matter open to the public
It was moved by Ellinwood that the agreement stand, with the path
exactly as shown; that the asphaltic overlay should be eliminated
that steps should be constructed; and that in the judgment of the
City Engineer, wherever it is necessary to use crushed rock or any
other surface that is necessary to make it a useab1e surface that
will not deteriorate, that he be instructed that be done. Motion
died for lack of a second.
The City Engineer stated Mrs. Polly Smith of the Parks and Recrea-
tion Commission had felt if there was a compromise to be made,
that the easterly sigment of the path and the portion that leads
from the cul de sac to the path should be developed, and that the
westerly part could be left alone as there was no obvious link at
the westerly portion.
To a suggestion by Fanning that the matter be continued until it
is determined when Mr. Derryberry intends to put in the improve-
ments on the rest of his property, Becker responded the council
promised him they would act tonight.
had
To a question by Becker as to whether horses damage the base, the
City Engineer stated with a good base, the asphalt should be all
right, but with the heavy weight of the horses, the asphalt will
break or fracture if horses get near the edge.
Fanning withdrew his previous motion made before the recess to
adopt Ordinance 74 N.S., and Becker withdrew his second.
Fanning now moved, seconded by Becker, that Ordinance 74 N.S.,
AN URGENCY ORDINANCE OF THE CITY OF TIBURON, be adopted, incor-
porating the re-worded paragraph marked l2(a) as presented by
the City Attorney.
Sennett withdrew his motion to adopt Resolution 74 N.S. The Chair
ruled the motion withdrawn.
Ellinwood and Becker expressed their concern over prohibiting
horses on the pathway.
Ellinwood requested the drafted Paragraph l2(a) prepared by the
Deputy City Attorney be revised to include at the end of the
first paragraph, nor any extension thereof. '1
With the consent of the mover and the seconder, the revision was
accepted.
Question was called on the motion to adopt Ordinance 74 N.S., as
amended, and the motion failed:
AYES: COUNCILMEN: Fanning, Rice, Sennett
NOES: COUNCILMEN: Becker, Ellinwood
ABSENT: COUNCILMEN: None
(NOTE: The Deputy City Attorney advised an emergency ordinance
must have a four-fifths majority in order to carry.)
At this point Mayor Rice was excused from the meeting, and
Mayor Pro Tem Becker assumed the Chair.
It was moved by Fanning, seconded by Ellinwood, that Urgency
Ordinance 74 N.S., as amended, be adopted.by the Council, elimi-
nating all reference to horses.
There being no objection, the Chair by unanimous consent declared
the reading of the full ordinance waived and the ordinaree was
read by title only.
Question was called on the motion to adopt Ordinance 74 N.S., as
amended, and the motion carried:
AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Rice
It was moved by Fanning, seconded by Sennett, that staff be
directed to bring back a regular ordinance which will be duly
noticed and publicized in normal fashion which will also prohibit
horses from using the paved surface of the bicycle path.
Ellinwood questioned the staff if it is possible to prepare a
riding surface for horses. The City Manager stated that cannot
be done until a further study is made of the pathway because of
the different widths of the pathway. He stated the right-of-way
is 60 feet wide but there are areas where the only way to provide
a separate equestrian and pedestrian path would be to develop one
He recommended horses not be allowed on the paved surface as the
City Engineer has indicated it would break up and fracture the
outer edges.
CITY COUNCIL MINUTES #248 August 9, 1971
Page 5
~
~
i
In light of the information presented Ellinwood indicated she
would like to reverse her vote.
With the consent of the seconder, Fanning withdrew his present
motion and moved to reconsider the previous action of the council.
Sennett withdrew his previous second and seconded Fanning's
motion. Question was called and the motion carried:
AYES: COUNCILMEN: Becker;; Ellinwood, Fanning, Sennett
NOES: COUNCIu~N: None
ABSENT: COUNCILMEN: Rice
It was moved by Fanning, seconded by Ellinwood, to adopt Ordinance
74 N.S., AN URGENCY ORDINANCE OF THE CITY OF TIBURON AMENDING'
CHAPTER 23 OF THE TIBURON CITY CODE BY PROHIBITING MOTORIZED VEHICLES
AND HORSES ON BICYCLE-PEDESTRIAN PATH, with Paragraph l2(a) as
modified by the Deputy City Attorney, with the notation of Ellin-
wood's.
There being no objection, with unanimous consent the Chair directed
the reading of the entire ordinance waived, and the ordinance was
read by title only.
Question was called on the motion to adopt Ordinance 74 N.S., as
amended, and the motion failed:
AYES: COUNCILMEN: Ellinwood, Fanning, Sennett
NOES: COUNCILMEN: Becker
ABSENT: COUNCILMEN: Rice
Ellinwood requested a uniform procedure be established whereby the
staff offer comments on an item before it is discussed by council.
She stated had the information the City Manager presented been
on the table, she would have voted differently initially on this
matter, and .she would like to see this procedure initiated. The
Chair directed the record reflect this request.
It was moved by Fanning, seconded by Becker, to adopt Ordinance
74 N.S., as amended, deleting all reference to horses.
There being no objection, the ~hair declared the reading of the
ordinance be waived and the ordinance was "read by title only.
Question was called, and the motion carried:
AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Rice
It was moved by Fanning, seconded by Sennett, to direct the staff
to bring back a draft of an ordinance prohibiting horses. There
being no objection, the Chair directed the motion adopted by
unanimous consent.
4. POLICE STUDY REPORT ANALYSIS Action: Referred to a committee
The City Manager presented to the council his recommendations for
police services after reviewing the Police Services Study pre-
pared by Chief Edward S. Kreins.
Ellinwood proposed that two council members from each of the two
City Councils of Tiburon and Belvedere who were on the original
Police Study Committee, together with the citizen chairmen from
each of the two cities, Mr. Jack Kampmeyer and Mr. Don Davis, study
both the Kreins' report and the City Manager's analysis. They
could present their conclusions to a work session devoted entirely
to this matter consisting of both the Belvedere and Tiburon City
Councils, the City Managers and Mr. Kreins.
August 9 1971
CITY COUNCIL MINUTES #248 Page 6
CITY COUNCIL MINUTES
11248
August 9,
Page 7
t
AYES:
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILlv1EN
Becker
None
Rice
1971
Ellinwood
Motion of Fanning, seconded by Sennett
Engineeris report and award the bid as
,
to accept the City
recommended, carried
Fanning
Sennett
The City Engineer presented to the council a report on hids
received on a project for the maintenance and overlay of city
streets. He recommended the council authorize awarding the con-
tract to the 1011 bidder, Bresnan-De1ecio, Inc., in the amount of
$29,457.
APPROVAL OF BIDS -
MAINTENANCE OF CITY STREETS
Accepted City Engineer's
recommendations
6
AYES:
NOES:
ABSENT
COUNCILMEN
COUNC Il.MEN
COUNCILMEN
Becker
None
Rice
Action
Ellinwood
Motion of Sennett, seconded by Ellinwood
ture as set out in the letter of July 15
,
,
,
Fanning
to approve the
1971, carried:
)
Sennett
expendi-
In response to a question by Fanning, the City Manager assured
the council that Chief Kreins has agreed to appear before the
council at subsequent meetings with no additional charge.
The City Manager presented to the council a letter he had
received from Chief Edward S. Kreins dated July 15, 1971,
requesting payment in the amount of $2500 for services
rendered, pursuant to the contract between himself and the
City of Tiburon, dated June 14, 19710
APPROVAL OF PA~1ENT
POLICE STUDY REPORT
5
Action
After further discussion, it was the sense of the council that
the two representatives be invited to the meeting, but they will
not be full voting members until annexation is completed and the
areas become a part of the city. The City Manager suggested the
respective annexation chairmen of the two areas be asked to serve
on the committee.
Expenditure
approved
After further discussion, it was the sense of the council that
Chief Kreins' report and the analysis of the City Manager's
should be referred to a committee consisting of two councilmen
from Tiburon, two councilmen from Belvedere, one resident from
the City of Tiburon and one resident from the City of Belvedere,
the two citizens preferably being the two co-chairmen of the
original Police Study Committee, to report theiL~indings and
recommendations to tIle 'fiburoh Oit, COluu_il Ou A6gust 30. Sennett
suggested a representative frcm the Eagle Rock-Bel Aire annexa-
tion area and a representative from the Strawberry annexation area
be invited to participate. Ellinwood suggested they be invited to
participate when the matter reaches the public discussion level
but they not be voting members of the committee.
Fanning urged the question of a substation not be dropped as
recommended by Chief Kreins, but a committee look into this.
Sennett objected to the two full councils meeting in a joint work
session and recommended the recommendations be brought back to
each individual council. With regard to the substation, Sennett
recommended inviting residents from the Strawberry and Bel Aire-
Eagle Rock annexation areas to participate in this discussion.
CITY COUNCIL
HINUTES
11248
August 9
Page 8
1971
Ellinwood referred to the memorandum dated August 8, 1971, from
the Police Chief in response to questions she raised about the
safety factor involved in the opening of the fence at the Del
Mar School. She stated if the Police Chief feels. a dangerous
situation exists, other ways of getting to the athletic events
should be explored. The City Manager stated he had discussed
this matter with the School District and has requested the
entrance be closed off for safety reasons. The School District
has agreed to look into the matter.
Del
Mar School
Turnoff
Ellinwood questioned the possibility of bringing Mr. Wayne Moody
back to the city for a structured, all-day conference on olaonin
concerns in the city, together with Mr. Arjo, the past/chairmte
of the Planning Commission, the City Manager, the Development"
Administrator and the City Engineer.
~,
~~
Conference on P1annin
Ellinwood announced she is contributing a bikeway stencil
City of Tiburon for marking the bikeways on city streets.
Conce:~ns
in the Cit
to the
Markin
Ellinwood proposed a city-wide contest for the citizens to
submit names for the bikeway. Fanning stated the Parks and
Recreation Commission have designated it as the Richardson Bay
Trails. The Chair directed Ellinwood's suggestion be referred
to the Parks and Recreation Commission.
Streets
Namin
The Assistant City Manager announced there will
city-wide refuse pickup to be held August 30-31
1971
of Bikewa
,
be an annual
September l-2-3
,
eit
-Wide Refuse Picku
VII.
It was moved by Fanning, seconded by Sennett, to approve the
Police Master Service Agreement and authorize the Mayor to
enter into an agreement with the county. Motion carried: All
Ayes.
OTHER BUSINESS
POLICE MASTER SERVICE AGREEMENT
AHENDMENT
8
Action
It was moved by Sennett, seconded by Fanning, to adopt Resolution
384, with the attached letter in the agenda dated August 10, as
revised by Councilman Ellinwood: Motion carried: All Ayes.
Agreement approved
Ellinwood recommended certain changes to the cover letter to
accompany the resolution, prepared for Mayor Rice's signature
and presented her revisions to the council.
As previously requested by the council, the City Manager presented
to the council a resolution requesting the State Assembly Ways &
Means Committee to reconsider and approve Senate Bill No. 265
concerning bicycle routing and signing.
7
REQUEST TO RECONSIDER AND
APPROVE SENATE BILL NO. 265
Action
Res
384 adopted
CITY COUNCIL MINUTES
1\1
:11243
August 9
Page 9
,
1971
fl
APPROVED BY THE CITY COUNC
N
VIII ADJOURNMENT
'-
It being now the hour of 10:50 p.m., August 9, 1971, and there
being no further business to come before the council, the Chair
declared the meeting adjourned to Monday, August 16, 1971, at
5:45 p.m.
To a question by Fanning as to whether there is a noticeable lack
of protection to the citizens of Tiburon, the City Manager stated
they do not have an effective report to judge one period of time
over another, which creates a problem in evaluating the services
the citizens are getting.
Fanning questioned further the low mileage on the patrol units and
stated he was not satisfied with the report of Lt. Mecchi in
this regard. The City Manager stated it was due to a car being
broken down; the replacement car being laid up while the equipment
was changed; and the fact it is vacation time in the police depart-
ment and instead of two cars, only one car has been patrolling.
Fanning requested the City Manager check into this further.
Patrol Vehicle Mileage
August
Page 1
At 9:06 p.m.
of the staff
CITY COUNCIL MINUTES
the Chair reconvened the hearing
p'tesent.
l/249
with all members
l'f, 1971
After further discussion from the audience,
Chair declared the hearing recessed until 9
,
at 7
00 p
.
.
.
37
m.
p.m.
Fanning reported staff had not concluded counting the protests
and requested the meeting be continued to 9:00 p.m. Mr. Peter
Bohn again requested a m~mber of their committee be allowed to
observe the counting. ~xs. Trudy de La Fontaine questioned whether
the City had received any petitions to counteract those turned
in by the committee. The Chair advised that the audience would
be made aware of the protests received by the city at 9:00 p.m.
the
At 7:32 p.m.
At 6:10 p.m., the Chair directed that the meeting be recessed to
7:30 p.m. in order that the staff may complete their totalling
of the protests.
,
the Chair called the meeting to order
The Chair directed the Assistant City Manager run Xerox copies
of the tabulation lists in order that the committee may have
copies of the lists. Mr. de La Fontaine requested the record
show the council refused permission for an observer to be present.
Mr. Douglas de La Fontaine requested that a member from the com-
mittee against annexation be allowed to.observe the staff's
counting of the protests. The Chair declined to grant the
request. Councilmen Sennett and Fanning agreed with the Chair's
ruling. Ellinwood stated she would have no objection to one
member of the committee silently observing.
The Chair stated the staff is counting the protests received and
the total amount will be announced as soon as they have com-
pleted the counting. The Assistant City Manager advised that
another hour will be required to complete the counting. The
Chair announced that the meeting will be recessed until 7:30 p.m.
at which time the totals will be presented to the council and to
the audience.
J
The Mayor opened the recessed protest hearings and called for
written protests from property owners from the proposed annexa-
tion areas 1 and 2. No w~~itten protests were presented at this
time.
PROTEST HEARINGS FOR
ANNEXATION AREAS NO.
WEST PENINSULA
1 & 2
Ill.
Mayor Rice, ,
Becker
Bert Balmer, City Manager
Robert L. Kleinert, Ass't City
Robert I. Conn, City Attorney
Richard B~einer, Deputy City Attor~
Richard Arjo, Dir. of Community De~opment
Louis V. Brunini) Supt. of Public Works
Hellen K. Hecht, Minute Clerk
Manager
PRESENT
ABSENT:
EX OFFICIO
.
.
COUlTCILMEN
COUNCILMEN
.
.
.
.
Ellinwood
Fanning,
Sennett:
II.
An adjourned meeting of the City Council, City of Tiburon, State
of California) was called to order by Mayor Denis T. Rice at
6:00 p.m., August 16, 1971, in the City Hall Council Chambers.
ROLL CALL
I
CALL TO ORDER
CITY COUNCIL
CITY OF TIBURON
Mrs. de La Fontaine stated that she had turned in protests amount-
ing to $1,108,273 and questioned whether the city had any peti-
tions to cancel the protests she turned into the city. The Chair
advised that this can be determined in the next two days. He
stated all that is legally required at a protest hearing is for
the council to receive the protests and not count them at the
meeting. They had attempted to give an account to the audience,
but the amount of the disparity between the figures furnished by
the staff and those of the committee will have to be determined
in the next two days, and evidence to rebut the staff's computa-
tions could be presented at the August 18th continued hearing.
1249 August l6 1971
! Page 2
CITY COUNCIL MINUTES
Mr. de La Fontaine challenged the accuracy of the protest figures
submitted by the City Manager. The Chair suggested action on
the resolution for Annexation Area No. 2 be continued in order
that the persons challenging the figures may have the opportunity
to go over the adding machine tapes and the petitions on file
with the city, and that the matter be continued to Wednesday,
August 18, at 7:30 p.m., to allow them adequate time to prepare
their evidence for presentation at that time. He stated that
the City Attorney had recommended the continuance for that purpose
The Chair asked the audience if anyone present had any evidence
to offer in regard to the protest involving Annexation Area No.
2.
The Chair next requested the City Manager advise the Council and
the audience of the data compiled for Annexation Area No.2,
Bayview Heights-Bel Aire-Eagle Rock. The City. Manager stated that in
Area No.2, the necessary protest figure to stop the annexation
proceedings is $946,357. The protests were counted at $774,487.
Motion of Fanning,
carried: All Ayes
second~d by Sennett
Mr. de La Fontaine brought up the question of the City's need to
apply for an extension from the Local Agency Formation Commission
and questioned whether this should be included in the resolution.
The Chair responded this need not be included in the resolution,
but stated they will be requesting an extension from LAFCO.
to adopt
Resolution 386,
The Chair presented to the council a resolution calling a special
election to submit the question of annexation to electors residing
in territory proposed to be annexed in West Peninsula Annexation
Area l, which also recited the findings of Resolution 385. The
Chair directed ""Resolution 385;1 be incorporated in the body of
the resolution, reciting that Res~tion 385 had been adopted by
the council. After conferring with the staff, the Chair directed
the election be set for October 19, 1971, and that the date be
inserted in the l7Reso1 ved'" paragraph of the resolut ion.
Motion of Fanning, seconded by Sennett, to adopt
as presented by the Chair, carried: All Ayes.
Resolution 385,
The City Manager stated that in the Strawberry Annexation Area
No.1, the necessary protest figure to stop the annexation pro-
ceedings is $2,834,270. The valid protests amounted to $1,592,825.
The Chair asked the audience if anybody present had any evidence
to offer in regard to the protest involving Annexation Area No.1.
There being no reply, the Chair closed that hearing and read a
proposed resolution, in draft form, entitled A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TIBURON FINDING AND DECLARING A
MAJORITY PROTEST HAS NOT BEEN MADE TO ~mST PENINSULA ANNEXATION
NO.1 (STRAfffiERRY). The Chair read the resolution in its entirety.
The Chair requested that the City Manager inform the council and
the audience of the data available with respect to Annexation
Area No.1 (Strawberry).
CITY COUNCIL MINUTES
If249
August 16
Page 3
1971
1971
APPROVED BY THE CITY
It being now the hour of 9:30 p.m.
being no further business to come
declared the meeting adjourned to
at 7:30 p.m.
, August 16, 1971, and there
before the council, the Chair
Wednesday, August 18, 1971,
IV.
After further discussion, with the consent of the council, the
Chair directed the meeting adjourned to Wednesday, August 18,
1971, at 7:30 p.m. In the absence of the Mayor and the Mayor
Pro Tern at that meeting, the Chair appointed Councilman
Sennett as chairman for that meeting.
ADJOURNMENT
Mr. Bohn requested the city open its records at this time so the
items can be verified. To a request by Mr. de La Fontaine,
the Chair directed the City Manager be available at 8:30 a.m.,
Tuesday, August 17, to meet with the protestants in his office
and furnish information on each protest disallowed, and the
reasons therefor, and to make all records and files of the city
available to the protestants.
l~'e;.;l:S t. 18,
Pa.ge 1
:.
C~,
To stop t~1~ 2.nne;-~atiol1, it will bl,:..! necessary for the opponents to add
at least $105,214 to the assc>ssed value of p~ot€3ts by producing
proper evidence to shr;;'l tho,t such prcte3t:s should be duly certified
by the City Cle~k.
r-;'
,
cc~ lTt~:~ :~~:G
rji,;F~ tIT i'~,3
.J
2
~)O
1971
1.
2.
3
4
Protests vli thdrct~vll by property owners.
Protests given 1/2 value due to signatures
only one of two property owners.
Protests not allowed because signer was not
shown on aSDessor's role.
Protests no':: allowed becau~e parcel numbers
were net in are~ of an:-.Lexation.
34,248
26,250
$99,837
of
67,155
Following review cf the protests, the follol'1ing'items accounted for
the difference in the value of protests filed by opponents to the
annexation and the value of prot.ests certified by the City Clerk.
Several errors in
value of protests
the
\1] <3.S
Ci ty' s count
co::r,:::cted to
,.,ere dis covered
read $841,143.
and the assessed
On the morning of August 17, 1971, three members of the group oppos-
ing annexation met with the City Mal1ugcr in his office and went over
the entire group of prot~s'tr; which has been filed with the City.
The three persons pre~cnt were Mx. and Mrs. Douglas de la Fontaine
and Lois Bohn.
Opponents of the annex~tion disputed the City's figures and following
discussion the Council agreed to continue" the hearing until
August 18, 1971, at 7:30 P.M., for the purpose of giving the opponents
sufficient time to check the City's count and to question any pro-
tests which the City may no'c have allowed.
The Council reconv~ned at 9:00 P.M., for the purpose of hearing the
results of the protest, which revealed that the protest total
allowed was $774,784, and that the amount needed to stop the
annexation was $946,357.
"On August 16, 1971, at 5:45 P.M., protests were received against
annexation. The counting of the protests by the staff was not
completed until approximately 9:00 P.M. During the final count,
Willis Bohn, of 121 Leland Way, was present as an observer.
Mr
.
The Chair stated that the Council is reopening the protest hearing which
was continued from Monday, AU1ust 16, for the purpose of allowing the
protestants to present evidence. The Chair requested the City Manager
to read his report of his findings on the protests. The City Manager's
report was read as follows:
PROTEST HEARING FOR NEST PENINSULA
ANNEXATION No.2.
III
Becker,
Rice
Bert Balmer, City Manager
Robert L. KleLnert, Ass't. City Manager
Robert I. Conn, City A~torney
Richard Breiner, Deputy City Attorney
Richard Arjo, Dir. of Community Development
Hellen K. Hecht, Minute Clerk
PRESENT:
ABSENT:
EX OFFICIO
COUNCILMEN
COUNCILMEN
.
.
.
.
Ellinwood,
Fanning Sennett
II
An adjourned meeting of the City Council, City of Tiburon, State of
California, was called to order by Vice Mayor M. Carlisle Becker at
7:37 p.m., August 18, 1971, in the City Hall Council Chambers.
ROLL C1..LL
I
CALL TO ORDER
CITY COUNCIL
CITY OF TIBURON
August 18,
Page 2
AYES:
NOES:
ABSENT
CITY
CO UN CI r..r1EN
CO UNCI LP.1EN
CO UNCI Llo1EN
COUNCIL MINUTES
Becker,
None
niC9
t::
250
1971
Elli:lvlood,
Motion of Ellinwood, seconded by Sennett,
recommendation, carried:
Fanning
to accept the City Manager'
,
Sennett
s
The City Manager stated that an additional protest was filed by Mr
and Mrs. McNeil, nnd as this protest has come in after the hearing has
been closed for the acceptance of protests, he would recommend that
it not be allowed.
AYES:
NOES:
ABSENT
CO UNCI I,r1EN
CO UNCIL!-1EN
COUNCILMEN
!JG(;~.~e:: I
NonG
Rice
Ellinwood,
Motion of Ellinwood, seconded by Sennett,
recommendations, c~rried:
Fenning,
Sennett
to accept the City
The City ~~nager reported that he has received requests from Mr. and
Mrs. Koski and frcm Mrs. Dillard aSking that they be allowed to protest
property which they own but which property was not listed on the
protests they had fiicd prior to the hearing. The City Manager recom-
mended that these additional protests not be allowed. The City
Attorney stated that in his opinion these protests should be disallowed.
Nanager.s
AYES:
NOES:
ABSENT:
COUNCILMEN
CO UJ:'JC I If!':::::; ~;
CO UNCI Lf-1EN
.
.
Bec:';.:er,
none
Rice
Ellinwood,
Motion of Ellinwood, seconded by Fanning, to accept the recommendations
of the City Manager on these protests, carried:
Fanning,
Sennett
The City Manager stated that the names of the signers of some protests
did not appear on the assessor's roll, which by law is the roll the
city must use to determine who is the owner of the property. However,
he has received written statements relating to the property of Mr. and
Mrs. John Tripp and to the property of Mr. & Mrs. ~1cHale which set
forth they ure now the lc;~l owners of those respective properties.
The land value of the first is $2,250, anj of the second $2,187. The
City Manager recommended that the~e protests be allowed and the City
Attorney concurred.
AYES:
NOES:
ABSENT:
COUNCILMEN
COUNCILHEN
COUNCILMEN
.
.
.
.
.
:Jecker,
None
Rice
Ellinwood,
Motion of Sennett, seconded by Ellinwood, that the protest of the
Kersons, as corrected, be allowed, carried.
Fanning,
Sennett
The City Manager next reported that he had received, following the
August 16 hearing, a request from Grace and George Kerson, whose pro-
test had contained misnllililiered parcel~3, that the parcel numbers be
allowed to be co=rected aLl their full protest counted. The,Kersons
submitted the corredt parcel numbers with their requesto The City
~~nager recommended that the request be granted, and that the additional
value of $26,250 be included in the protest. The City Attorney con-
curred.
Fanning requested that the last paragraph on page I of the report,
referring to the protest amount needed to stop the annexation, should
indicate that the protest referred to would prevent the issue of
annexation from going to a voteo
It should be of interest to the citizens of Tiburon to note that
of the $841,143 in protests against the annexation, the amount of
$498,299 was protested by owners who do not live in the area
under annexation. To put it another way, 58% of the property
owners protesting are not residents of the area to be annexed and
have no direct interest in ho\'l the area should be governed."
#250
August 18,
Page 3
1971
Question was
City 11anager,
CITY COUNCIL
called on the motion to accept the recommendation of the
and the motion carried:
HINUTES
Sennett stated that the City Attorneys have studied this matter and
that in regard to legal matters the Council should be guided by their
advice.
Referring to the council's allowing only one-half of the property
value when only one joint tenant signs, Mr. Shulster referred the
Council to Main vs. City Council withheld that under tha annexation
law any co-tenant without disclosing his authority to do so. The
Deputy City Attorney stated that case was decided in 1952, and in
1959 the legislature amended Section 35121 to expressly provide that
the value for protest purposes to be given property held in joint
tenancy shall be determined by the legislative body in proportion to
the proportionate interest of the protestant in such property.
Motion of Ellinwood,
of the City Manager.
seconded by Sennett,
The City ~ianager stated that he has just received a request from Hazel
Willat advising she was not available for signature when the protest
petition was circulated, but requested her name be added. The City
Manager recommended her protest be denied.
to accept the recommendation
AYES~
NOES:
ABSENT
CO UNCI Lf.1EN
COUN CI LlvlEN
COUNCILMEN
Becker
None
Rice
Ellinwood
Motion of Sennett, seconded by Ellinwood,
of the City Manager, carried:
Fanning,
Sennett
to accept the recommendation
Mr. Stanley Shulster, attorney, questioned whether the determinative
factor in this instance is ownership rather than the assessor's
rolls. The City Manager responded the law reads that the owner is the
person shown on the last equalized assessment roll, or such other
person who can demonst~ate that he is entitled to be shown as owner
on the current assessment roll.
The City Manager stated that he has received a state~ent which indi-
cates that Stimac and Van Balan have jointly purchased the property
protested by Van Balan. Helen Stimac had not signed the protest.
The City Manager therefore recommended that this property be given
one-half value based upon the signature of Van Balan, and that no
credit be given Helen Stimac because the period for filing her protest
is passed
AYES:
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
CO UNCI Lt-1EN
.
.
.
.
.
Becker
None
Rice
Ellinwood
It was moved by Sennett, seconded by Ellinwood that the requests of
Rankin and Fixes be disallowed. Motion carried:
,
Fanning Sennett
The City Attorney agreed with the City Manager that these three
requests had not been filed prior to the opening of the hearing,
could therefore not be given credit.
and
The City Manager stated that he has received requests from Betty
Rankin and Margare~ A. Fixes to count the full value of their
protested property rather than the one-half value credited by the
City Manager. The requests stated that it was their undisclosed in-
tent, at the time that their protests were filed with the City, that
their respective husband's names be included in their protests. The
City Manager further reported that he has received a similar request
from Helen Stimac, who stated that she had given her co-tenant, Ann
Van Balan, permission to sign Stiillac's name on Van Balan's protest,
and requested that the parcel be given its full value for protest
purposes
#250
August 18,
Page 4
1971
CITY COUNCIL
The Chair asked the City Attorney whether the City was required to
grant an additional extension of time to the protestants. The City
Attorney advised that the law required that the protestants be given
a reasonable time to present evidence. The City Manager met on
Tuesday morning, August 17th with the leading opponents of annexation
and went over the entire group of protests which had been filed and
gave the protestants a complete analysis of protests disallowed and
the reasons therefor at that time. The meeting had been continued to
this date for presentation of evidence and that the City Council is
the body which was required to make a determination as to what was
reasonable under the circumstances.
l4INUTES
Mrs
In response to a question about the fact that the names of new owners
may not appear on the assessment roll, the City Attorney stated that
the Government Code requires the City Clerk to be guided by the latest
assessment roll. And, in the event these are not correct because of
sales, the burden was not upon the City to establish that the names
appearing on the assessment roll are not correct; that the burden
was rather upon those who disagreed with the Clerk's determination, and
that this is why the hearing has been continued to this date and that
this was the time for those who disagreed with the Clerk's dete~ina-
tion to present whatever evidence they may have to the contrary.
de la Fontaine requested a
2
week extension of time.
Mr. Shulster stated that he heard only before this evening what kind
of evidence would be accepted and requested the Council continue the
matter for 2 weeks or 10 days to come in with the evidence.
The City Attorney then recommended that the Chair again make clear to
the audience that this was the time the Council has yet to determine
the validity of protests which had been filed and to hear evidence
which those who may disagree with the City's findings may want to
present. That anyone, having evidence which he felt might have a
bearing on the Council's findings, should come forth at this time with
the evidence in order that it might be considered by. the Council.
The Chair then asked if there were any persons present in the audience
who desired to present evidence of any type bearing on the protests
or disallowance of protests filed. The Chair noted that there was
no response from the audience. The City Manager then announced that
the value of valid protests which has been filed amounted to the total
sum of $876,892, which was short of the $946,357 that was required to
stop the annexation from going to election.
The City
evidence
Manager stated that he has received no other requests or
to challenge his findings or computations.
AYES:
NOES:
ABSENT:
COUNCILNEN
COUNCILI1EN
COUNCILMEN
.
.
.
.
.
Becker,
None
Rice
Ellinwood,
l4otion of Sennett, seconded by Elliniti'c>od,
of the City Manager carried:
Fanning
,
Sennett
to accept the recommendation
The City Manager reported that he has received a copy of a grant deed,
which shows that t1r. & Mrs. ROdriquez, whose names had not appeared
on the last equalized assessment roll, are the owners of the parcel
that they protested, and that its value is $2,2500 He further re-
ported that he has received a grant deed showing that Mr. and f1rs.
Lyons are the owners of a parcel that !1r. Lyons alone protested. The
names of Mr. & Mrso Lyons had not appeared on the last equalized
assessment roll. The City Manager recommended that the protests of
the Rodriquez' be accepted, and not the protest of Mr. George Lyons
be accepted at one-half value of his parcel, which is $1437.
AYES:
NOES:
ABSENT:
COUNCILMEN
COUNCILMEN
COUNCILMEN
Becker,
None
Rice
Ellinwood,
Fanning
,
Sennett
To a question by Fanning, the City Attorney stated the assessment
roll is available to the publico Fanning stated that for the past
two months anyone could ascertain whether their names were properly
shown on the roll, and that the protest committee had ample time to
check the rolls prior to this evening.
After further discussion from the audience, in light of the lack of
response from anyone to offer evidence on individual protests,
Sennett requested the matter be returned to Council.
The Chair declared the public hearing closed.
It was moved by Sennett, seconded by Fanning, that in view of the
report of the City Manager presented and for the reasons stated by
s ta f f , that Resolution 387, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TIBURON FINDING AND DECLARING A MAJORITY OF PROTESTS HAS
NOT BEEN 11ADE TO WEST PENINSULA ANNEXATION AREA NO. 2, be adopted.
Sennett read the resolution in its entirety.
At the request of Sennett, the Deputy City Attorney revised the
resolution to include a fifth Whereas, to read, "The hearing was
recessed to August 18, 1971, at 7:30 p.mo, for the purpose of re-
ceiving evidence, and evidence having been received,"
With the approval of Fanning, Sennett adopted the revision as part
of his motion.
Question was called, and the motion, as revised, carried:
AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Sennett
NOES: COUNCILr-mN: None
ABSENT: COUNCILf.ffiN: Rice
Sennett moved to adopt Resolution 388, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TIBURON CALLING A SPECIAL ELECTION TO SUBMIT
THE QUESTION OF ANNEXATION TO ELECTORS RESIDING IN TERRITORY PROPOSED
TO BE ANNEXED IN WEST PENINSULA ANNEXATION AREA NO. 2 I EAGLE ROCK
BAYVIEW HEIGHTS-BEL AIRE. He added the date of October 19, 1971, -
as the date of the election, and the first Whereas should have
Resolution 387 inserted. The date August'16 should be amended to
August 18.
The Chair attempted to read the resolution, but upon interruptions
from the audience, waived the reading of the complete resolution.
Question was called and the motion carried:
AYES: COUNCILMEN: Becker, Ellinwood, Fanning Sennett
NOES: COUNCI LrllEN : None
ABSENT: COUNCILf.mN: Rice
IV ADJOURNt-1ENT
It being now the hour of 8:37 porn., August 18, 1971, and there
being no further business to come before the Council, the Chair de-
clared the meeting adjourned sine die.
~;7JL
BERT BALr~R, City Manager/Clerk
APPROVED BY THE CITY C ~L ON:
, 1971
-
'RON
CITY COUNCIL MINUTES i250 Auguat 18, 1971
Page 5
August 23,
Page 1
CITY
An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON
ADOPTING A PD (PLANNED DEVELO~.:MENT DISTRICT) MASTER PLAN FOR
PROPERTY LOCATED AT 2l M~.IN STPEET ce.~:,= on for introduction
and first reading.
COJ!TGIL
t.r:'~.1: ~UTE S
11251
1971
MASTER PLAN FOR PROPERTY
LOCATED AT 21 ~~IN STREET
Milton McDonogh, Applicant
1.
Action:
-.--
Cont'd to Sept
13
IV.
There being no further corrections, the Chair directed Minutes 248
of August 9, 1971, approv~d as corrected.
ORDINARY BUSINESS OF THE COUNCIL
---
Page 8, under "Conf2rence on Planning Concerns,
should include the P,lst ~.~Jd pr:.es~.~t chai:&.~ of
Planning Commission . . .,,---
line 3
the
Page 7, paragraph 3, line 8
h August 30,11 deleting lTto
"
should read 'recommendations
the Tiburon City Council.;1
Page 4, the
should reed
election .
,
.
second paragraph ~nd~r
" .. bec:::~::.se or tilt:)
. .
. J
~?Recess
Sanitar
line 4,
District
Page 2, paragraph 4
Open Space Fund."
the
following corrections
should read
1a.st
line
'HUD' s
Minutes 248
Ellinwood requested the
to
No
248
There being no further
247 of August 4, 1971,
corrections, the Chair directed Minutes
approved as corrected.
Ellinwood requested p~ragraph 1, under
read .lJLyfords Hygeia and Old Tiburonj1l!
Bryan Chapman be corrected.
nNew Business,Tl line 2,
and that the spelling of
It was
moved by Sennett to adopt
Minutes 247
No
247
III.
APPROVAL OF MINUTES
ABSENT:
EX OFFICIO
COUNCILMEN
Mf.:yor Rice
Sennett
None
Bert Bqlmer, City Manager
Robert L. Kleinert, Ass't City
Robert I. Conn, City Attorney
Paul Tanner, Acting City Engineer
Rich3rd Arjo, Dir. of Community Development
Louis V. Brunini, Supt. of Public Works
Eellen K. Hecht, Minute Clerk
Manager
PRESENT
COUNCILMEN
II
Ellinwood
~OLL CALL
Fanning
Becker
The regular meeting of the City Council, City of Tiburon, State
of California, was called to order by Mayor Denis T. Rice at
7:34 p.m., August 23, 1971, in the City Hall Council Chambers
I
CALL TO ORDER
CITY COUNCIL
CITY OF TIBURON
August 23
Page 2
CITY COUNCIL MINUTES
Motion of Sennett, seconded by Becker, that the council revise
the subdivision agreement made with Mr. Derryberry as to provide
that the subdivider construct tie stairs in accordance with the
proposal submitted and that ott~r work relating to the foot paths
be deleted.
11251
1971
The Chair stated that at the meeting of August 9, 1971, this
matter was continued with the direction the present agreement as
to improvements with Mr. Derryberry stands unless Mr. Derryberry
presents a proposal for specific changes. The Chair read a
letter from Mr. Derryberry to the council dated August 23~ 1971
setting forth his revised proposal.
MEADOWHILL SUBDIVISION
Mr. Gerald J. Hood introduced himself to the council as the new
Director of the Marin County Human Rights Department and offered
the services of that department to the City of Tiburon.
V.
Ellinwood protesting to the appointments to the standing com-
mittees, the Chair rescinded the appointments previously made
to the committees and restored the original appointments. The
Chair directed this matter to an ad hoc committee of Fanning
and Sennett, to be brought back to the next regular meeting.
ITEMS NOT ON THE AGENDA
Sennett expressed concern over the effect of the combination of
a snack bar in that location and a museum mechanique -- whether
they will be creating a place where young people will congregate
and the effect of creating that in this particular location.
Ellinwood questioned the possibility of moving the snack bar to
another part of the deck. Fanning questioned whether the shed
could be more in line with the existing building so the view of
the water will not be blocked. As the present plans stand, the
shed blocks the open space between the two existing buildings.
Becker reiterated the parking problem should be carefully con-
sidered
,
(2)
After further discussion at council level, the Chair directed
this matter into/committee., to consider the following:
----------lands and development
(1) Can the applicants work out an agreement with Mr.
Zelinsky; and, if not, should condition 1 of the
Planning Commissio~ that the applicant attempt to
negotiate an agreement with Mr. Zelinsky be stricken
The parking question should be clarified. If the
council wish to enforce the parking requirements,
the number of spaces required should be listed; if
the council does not wish to enforce it, condition 7
of the Planning Commission should be deleted.
To a question by Ellinwood, the City Attorney stated the mere fact
the public is using the arcade walkway does not necessarily mean
there is a prescriptive right as they may be using it by Mr
Zelinsky's permission.
Mr.
The Director of Community Development presented the plan to the
Council and outlined the conditions imposed by the Planning Com-
mission on August 2, 1971. He stated the applicant had indi-
cated to the Planning Commission they would only operate the
snack bar and have the restrooms open during the hours the ferry
boat is in operation. He stated he had talked to the Health Offi-
cer about the application, who had advised their department would
approve this proposal but advised this type of operation could
create an undesirable condition 0ecause of litter.
Thomas
Belton spokL to the application.
CIT"I COUNCIL MINUTES
il2Sl
August 23
Page 3
1971
With the approval of Fanning and Becker, the Chair amended the
ordinance to read, under Section 13.6, line 2, ;'. . . any paved
portion, exclusive of crossing at identified access oints, and
that certain . . . 'j .-----
Sennett questioned the wisdom of creating an attractive place
for horses to be ridden without providing a safe egress from the
path. Fanning questioned whether horses should be permitted
so close to the highway and the bike trail.
To a question by Sennett, the City Manager stated Belvedere
percentage is based upon the total contract cost, and this
being an amendment to the contract, legally Belvedere should
share in the additionRl cost.
s
The Acting City Engin~er stated for an additional cost of from
$2,000 to $3,000, the City could have an eight-foot paved
bicycle path and an extra four feet of graded pathway for
horses. The horses would be allowed on the paved portion only
at three points in order to cross, and he submitted a detailed
report on the proposed alternative
The Chair opened up Item 5 for discussion
Ellinwood requested Item 5, Proposal to Initiate Change Order
in Bikeway to Provide Full Length Bridl~ Path, be taken up prior
to Item 2. She stated this proposal would provide a four-foot
graded equestrian trail parallel to the bikeway; and 'for a
distance of 200 feet there would have to be a sharing of the
paved surface, which, if approved, could affect the voting on
Item 2.
With the consent of council, the ordinance was amended to read
in Section 13.6, line 2, :!any paved portion. ~1 The title was
amended to read, ~). . . PROHIBITING HORSES ON PAVED PORTIONS ON
THE BICYCLE-PEDESTRIAN PATH. '1
It was moved by Fanning,
be deemed to have pus sed
seconded by Sennett
first reading.
There being no objection,
full ordinance waived and
,
the Chair declared the reading of the
the ordinance was read by title only.
that the ordinance
An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMEND-
ING CHAPTER 23 OF THE T~BURON CITY CODE BY PROHIBITING HORSES
ON BICYCLE-PEDESTRIAN PATH, came on for introduction and first
reading.
AMENDING CHAPTER 23 OF THE
CITY CODE TRAFFIC PROVISIONS
Ord. ,
first
as amended
reading.
2.
Action
,
passed
AYES:
NOES:
ABSENT
IV.
COUNCILMEN
COUNCILMEN
COUNCILMEN
ORDINARY BUSINESS OF THE ~OUNCIL
Becker, Rice, Sennett
Ellinwood, Fanning
None
Question was called on the motion to revise the
ment, and the ~otion ccrried:
subdivision agree-
Mr. Larson, representing the Marinero Home Owners Association
and Doctors Steven and Sandra Cohen, supported Mr. Derryberry's
revised plans.
To a question by Ellinwood as to whether the city would be pre-
vented from improving th~ paths at any future date by virtue
of this kind of a chenge in the subdivision agreement, the City
Attorney stated the City could make improvements in the future.
CITY COUNCIL MINUTES
11251
August 23
Page 4
Mayor Rice through Vice Mayor Becker, directed the Parks and
Recreation Commission tender their recommendations to council
1971
A recess was taken at 9:15 p.m., the council reconvening at
9:28 p.m. Mayor Rice was excused from the meeting, and Vice
Mayor Becker assumed the Chair.
RECESS
Sennett favored the city actively begin soliciting land for open
space and not wait until June 1972 when the Open Space Plan is to
be adopted. The Director stated they will be presenting possibili-
ties to the council for land purchases on an on-going basis. The
City Manager stated they, are conducting a space study for acquiring
ridge lands now, with the possibility of a bond issue on the
ballot in April for acquiring these lands. Fanning urged the for-
mer Planning Director be contacted as he has done a great deal of
work on the Open Space Element.
The Director of Community Development presented to the council
a report on the Open Space Element and related general plan work
items. He gave the status of the planning program and the
time schedule for the Open Space Element, which is to be com-
pleted by July 1, 1972. He stated he will present a concrete
proposal as to how the staff intends to carry out the work out-
lined in the report at the next council meeting.
OPEN SPACE ELEMENT
& REPORT
3.
AYES
NOES:
ABSENT
COUNCILMEN
COUNC I Li"\fEN
COUNCILMEN
HORK SCHEDULE
Becker,
Fanning
None
,
Ellinwood
Rice
Action:
Accepted report
Question
carried:
Sennett
was called
Ellinwood stated she covered this aspect in her memorandum and
asked staff to send copies of the memo to all Planning and
Parks and Recreation Commissioners and the Councilmen.
and the
motion of Ellinwood
as amended
Mrs. Polly Smith spoke against having an equestrian trail so
close to a bicycle trail, and urged the council consider the
whole problem of horses on the Tiburon Peninsula.
With the approval of Ellinwood
include if the cost exceeds $3
back to the council.
,
,
Fanning amended the motion to
000, staff should bring the matter
It was moved by Ellinwood, seconded by Becker, that a change order
be approved by this council modifying the construction contract
with Brown-Ely, contractors, for the Richardson Bay pedestrian-
bicycle path to add a four-foot wide graded bridle path on the
northerly side of the pedestrian bicycle path in accord with
changes as outlined by the City Engineer's memorandum of
August 23, 1971.
PROPOSAL TO INITIATE CHANGE
ORDER IN BIKEWAY TO PROVIDE
FULL LENGTH BRIDLE PATH
Authorized change order
modifying construction of
bikeway
5.
AYES:
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
Becker
None
None
Action
Question was called
pass first reading,
Ellinwood
on the motion that the ordinance
and the motion carried
Fanning
Rice
Sennett
as amended
CITY COUNCIL MINUTES
The City Manager requested authorization from
11251
AUTHORIZATION TO FILE ARGUMENT
FAVOR OF ANNEXATION
City Clerk authorized
to accept arguments
for & against annexa-
tion
the file
1971
council to
August 23,
Page 5
7
AYES
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
IN
Becker, Fanning
Ellinwood
Rice
Action
II
Sennett
Question was called
Fanning and Sennett accepted the suggestion of the City Attorney
that the motion include that the council waive any minor technical
defects as presented by the City Engineer.
and
the motion
as
amended
,
carried
It was moved by Fanning, seconded by Sennett
to the low bidder, Ireland and Robinsono
to award the bid
The Acting City Engineer stated they received three bids for the
improvements to the corporation yard, with the low bidder being
Ireland-Robinson at $26,107. The secon~ low bidder, M&H Construc-
tion Company, had filed a written complaint about discrepancies
in the bidding procedure 0 The Acting City Engineer explained the
discrepancies were minor technical errors, and he therefore recom-
mended the contract be awarded to Ireland and Robinson. The City
Attorney cited Government Code 37932 which requires ten percent
of the amount of the bid in the sum of a cashier's check, cash
or a bond be deposited with the city with the bid. He cited a
California Appellate case where a similar situation happened and
the City Council moved to disregard the defect. In that case the
certified check was presented at the time the City Council awarded
the bid, as has been done in this case, and the City Council voted
to waive the non-compliance with Section 37932.
Awarded
Robinson
6
CORPORATION YARD IMPROVEMENTS
AYES:
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
Becker
None
Rice
Action
bid
to Ireland-
Ellinwood
Fanning
,
Sennett
Question was called and the
Fanning stated not only was there a substantial reduction in the
rate from last year, but if the money being put into open space
and planning the actual purchases were stricken. the tax rate would
be about 45~
motion carried
The Assistant City Manager requested the date in the first sen-
tence of the resolution be changed from 1970 to 1971.
It was moved by Sennett, seconded by Ellinwood, to adopt
Resolution 389, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TIBURON F~ING THE RATE OF TAXES ON SECURED AND UNSECURED
PROPERTY FOR THE FISCAL YEAR 1971-l972
ADOPTION OF CITY 1971-72 TAX
RATE
4
Action
Dr. George Ellman of the Parks and Recreation Commission suggested
their commission meet with the Director of Community Development
to discuss the Open Space Element, and suggested that the discus-
sions with the commissions and the citizens committee include the
environmental quality people. He suggested a citizens committee
be appointed to discuss what is good open space.
Res
389 adopted
concerning
paving when
or possible
identifying lanes and paths in lieu of asphaltic
that degree of development may not be appropriate
argument in favor of annexation" He recommended that the citizens
committee for annexation file the argum2nt"
It was moved by Fanning, seconded by Sennett~ that the City Clerk
be authorized to accept arguments for an~ against annexation in
accordance with Section 35124,,2 2nd ,,3.
Question was cn11ed, and th2 motion carried: All Ayes"
VI. e Ol'lJ:~UNI CLt;. TI ONS
The City Manager re~d a comm~nication advising on September l6
in the County Civic Center a hearing will be held with the State
Director of Public Works on the matter of deletion from the
highway system certain roads, one beins Tiburon Boulevard. He
suggested in addition to the staf_~ any available councilmen be
present at the Q~eting"
Ellinwood moved, seconded by Fanning, a detailed letter be sent
to the proper persons det2iling the council's objections so they
are in the file before the hearing, and tllat additional arguments
can be made verbally by anyone authorized by the council. Fanning
amended the motion to ilLclude the objections against the proposed
deletion.
Question was called on the motion, as amended, and the motion
carried:
AYES: COUNC ILrvIEN : B2cker; Ellinwood, Fanning, Sennett
NOES: COUNCILMEN: Non2
ABSENT: COUNCILMEN: Rice
s ~ni tary .
Sennett read a letter from Mr. urray, pres~dent of the Chamber
of Commerc~, with respect to/public facilities for the downtown
area. Sennett ur8eo a reply for the Mayor's signature be prepared
stating the staff is giving consideration to this problem and
indicating what study has been made"
It was the sense of the council they should give serious considera-
tion to this nV1tter an-i explore the ide"a of the Chamber of Com~
merce and the city mutually acqn.iring public facilities, in
addition to those beins p:copo'3ed by Mr. McDonogh.
CITY ENGINEER'S MONTHLY REPORr1.'
PUBLIC WORKS 110Nl'B.L Y REPO?T
POLICE MONTHLY REPORT
Sennett moved to c:::dopt th~ monthly reports. There be ing no
objection, the Chtlir directed the reports adopted by unanimous
consent.
In regard to questions rais~1 p~eviously by Fanning about the
reduced mileage in the police ~eport7 the City Manager reported
Lt. Mecchi reportGd an ~ddition~l re&son for the lower mileage
was that they arc spendin8 marL time on other activities such
as investigatioa and citations nnd less time patrolling.
vmge Price Freeze
To a question by Ellinwood, the City Manager stated the across-
the-board increases were effective July ,1' and will not be affected
by the price freeze imposed by the President~ but the selective
increments are frozGno
He stated the rcf';.lce company will be barred from increasing
prices on Oc';:ob~.;r 1, as previr1Jsly agreed to; and further, Mr 0
Fred Zelinsky has failed to siGn the City Hall lease so they
will be continuing to pny the aId rental until the freeze is
lifted.
August 23 1971
CTTY rGu~rIL ~~~U7ES 1251 Page 6
. . -- __J. ,..,J ._LJ..,- 1
Television Reception
Ellinwood reported on complaints she received about television
reception in Old Tiburon and on Paradise Drive. The analysis
seems to be it is the cable TV lines that are strung on the
television poles in the area, and she asked staff to check out
the complaint.
Change in Staff
Ellinwood noted the resignation of Jeanne McLean as planning
assistant and requested the council extend their appreciation
to her for her short services.
Closing of Tiki Shop, Main Street
~.~ ro Tahi tian Tiki
Ellinwo a noted the~.jI Shop on Main Street has been closed.
It was the oldest business~n operation on Main Street, having
been there for eleven years, and operated by a citizen of the
city, Mrs. Mimi Berticevich, a member of the original Parks
and Recreation Commission. Ellinwood requested staff write a
letter, for the Mayor's signature, noting this business had
closed and that it had a long and distinguished record on Main
Street.
Miller Avenue Extension Construction
Ellinwood noted the concern ~bout the construction of the
Miller Avenue extension across the marshlands and requested
interested individuals write the BCne, who will be acting on
the matter on September 2.
VII. ADJOURNMENT
It being now the hour of 10:26 p.m., August 23, 1971, and'
there being no further business to come before the council, the
Chair declared the meeting adjourned sine die.
/'/ Ii
/'-' ,.t.:t- " ~./ _
, -/,(,.. ~ ,~~
BERT BAL Y Clerk --
APPROVED BY THE ON:
1971.
August 23 1971
CITY COUNCIL MINUTES #251 Page 7
CITY COUNCIL
CITY OF TIBURON
I. CALL TO ORDER
The regular meeting of the City Council; City of Tiburon,
State of California, was called to order by Mayor Denis T
Rice at 7:38 p.m., September 13, 1971, in the City Hall
Council Chambers.
II. ROLL CALL
PRESENT: COUNCILHEN: L-1ayor Rice, Becker, Ellinwood (7:41
Fanning (9:07), Sennett
ABSENT: COUNCILHEN: None
EX OFFICIO: Bert Balmer, City Manager
Louise ilirata, Assistant Ci ty Clerk
Richard Breiner, Deputy City Attorney
Ray \"v.. Foreaker, Jr., City Engineer
Richard Arjo, Dir.. of Community
Development
Louis v. Brunini, Supt. of Public 'tVorks
Andy Haht.Q, Planning Assistant
Hellen 1<.. Hecht, Minute Clerk
IIIo APPROVAL OF HINUTES
Approval of ilinutes 249, 250 and 251 was continued.
IV. ORDINARY BUSINESS OF THE COUNCIL
I. RICHARDSON BAY SANITARY Action: i.latter tabled
DISTRICT ODOR PROBLEUS
The City Uanager brought before the council complaints from
residents of Little Reed Heights about the odor from the Richard-
son Bay Sanitary Plant located at Trestle Glen and Tiburon Boule-
vard.
I.Jr. James D. HcArthur, president of Little Reed Heights/'riburon
Knolls Homeowners Association, furnished a status report to the
council outlining recent efforts taken by the association to
eliminate the offensive odors from the treatment plant. Their
hired consultants had reached a mutual agreement with the dis-
trict engineers on the problem and the recommended solution,
and will request funding at the September 21st meeting of the
Richardson Bay Sanitary District.
The Chair directed this matter tabled pending a further report
from the association.
2. HASTER PLAi~ FOR PROPERTY Action: Referred to Planning
AT 21 I1AIN STREET Conunission
llilton I-IcDonogh, Applicant
The Director of Community Development reported the council com-
mittee met on this matter, and as a result of their discussions
the applicant has agreed to make substantial changes to the
plan and has furnished a letter to the staff in this regard.
Because of the changes, the matter will have to be referred
back to the Planning Commission.
with unanimous consent, the Chair directed this matter referred
to the Planning Coramission. Sennett requested the record
reflect he intends to write a letter to the Commission express-
ing his particular concerns about the use intended for this
September 13 1971
CITY COUNCIL MINUTES #252 Page 1
/
property.. The Chair directed staff to forward the letters
written to the City and to the Council regarding the McDonogh
plan to the Planning Commission for their review in connection
with the revised plan..
:'3'\ AI-IENDING CHAPTER 23 OF THE Action: Ordo 75 NoS.. adopted
CITY CODE TPAFFIC PROVISIONS
An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON M.ffiND-
ING CHAPTER 23 OF THE 'l'IBUROl-J CITY CODE BY PROHIBITING HORSES
ON PAVED PORTION OF BICYCLE-PEDESTRIAN PATH, came un for second
reading and adoption.
On motion of Ellinwood, seconded by Becker, reading of the full
ordinance was 'vaived and the ordinance 'jas read by title only.
It ~,,'as moved by Sennett, seconded by Rice, that Ordinance 75 NoS
be deemed to have passed second reading and be adopted..
Ellinwood presented to the council a menlO containing her corol-
lary thoughts on this matter.. She recommended prohibiting
horses on the trail until the city has established rules and
regulations for its use, and amend the zoning ordinance to
permit horses to be kept within the city in residential zones
on an annual licensing basis.. Sennett suggested passing on
the ordinance before the council and submitting Ellinwood's
memo to the staff for their recommendations 0
rrhe Deputy City Attorney corrected the ordinance under Section
1306, line 2, to read, I'. . . paved portion, exclusive of
crossing at identified access points, of that certain If
. .. .
Question was called, and the motion to adopt OIJinance 75 N.S.
carried:
AYES: COUNCILHEN: Becker, Ellinwood, Sennett, Rice
NOES: COUi'lCILUEN: None
ABSENT: COUHCILHEN: Fanning
The Chair directed staff to review the report,to consult with
Ellinwood in regard thereto, and to report back at the next
meeting.
At the request of Sennett, the Chair directed the staff report
on the compatibility of horses alongside the path and their
evaluation of prollibiting horses until rules and regulations
have been established for their use. Becker requested expert
opinions in this regard 0
6. APPEAL OF BOARD OF ADJUSTI1ENT Action: Appeal upheld
DECISION TO GRANT USE PEilliIT
FOR DOCTOR'S OFFICE AT
1992 CENTRO l"lEST
The City I.lanager reported the applicant had \'li thdra~..,n his
request for a use permit 0
It was moved by Sennett, seconded by Rice, that the appeal
be granted and that the action of the Board of Adjustments
in granting this variance be vacated.
After council discussion on the proper steps to take in this
matter, Sennett wi thdre"Vl his motion, "li th the consent of the
seconder 1 and it vIas moved by Ellin\vood, \vi th regard to Item
Ho. 6, the appeal of the Board of Adjustments decision to grant
a use permit for doctor's office at 1992 Centro West, that the
council finds this appeal to be mute as it recognizes the
prior \vi thdr a\'la 1 by Dr. Rothman, to vn10me the variance was granted.
Septo 13 1971
1 CITY COUNCIL UINUTES ~252 Page 2
CITY COUNCIL
UINUTES
1F
252
Sept
Page
13
3
1971
\,
Planning Commissioner nllan Kuhn spok~ on behalf of
Belvedere-Tiburon Balanced Transportation Committee
the con~ittee meet ~1ith the staff to further review
submitted by the committee and the staffo
the Joint
He urged
the reports
Sennett spoke to his memo submitted to the council and urged
the council insist the Division of Highways give tile highest
priority to bringing the present Tiburon Boulevard up to the
maximum standards of safety 0 The Chair questioned ,,,hether or
not Tiburon Boulevard could be turned into a safe road. Becker
urged the council come up with new land use controls.
Fanning reported the BCnc will not permit any fill in the
Bay, and therefore the reports of the Balanced Transportation
Committee and the staff have to be restudied pertaining to
the parts calling for fill.
The City Manager presented to the council report dated
September 2, 1971, prepared by the City r>ianager and the City
Engineer on the Tiburon Boulevard alignment, in which they
reconwended the first priority for development of Tiburon
Boulevard should be the improvement of the Trestle Glen inter-
section area, and that further studies should be made of
Tiburon Boulevard. He stated he is in agreement with the
suggestions made in the memo submitted to the council by
Sennett.
TIBURON
STUDY
Remanded to staff
5
A
9
9
recess
07 p.m.
07 pom.
BOULEVARD
\"as taken at 9:00 p.mo, the council reconvening at
Councilman Fanning arrived at the meeting at
REALI GNllENT
Action
AYES:
i~OES :
ABSEHT
COUNCIL1JEN
COUi\ICILUEN
COUNCILi.lEN
RECESS
Becker
None
Fanning
,
Sennett
Ellin\vood,
Rice
Question
carried:
I1embers of the
granted to Dr.
\'1as
called
audience spoke against a use permit being
Rothman and urged the appeal be upheld.
on the motion of
Rice
,
and the motion
At the suggestion of Planni~lg Commissioner Allan Kuhn, the Chair
directed staff to examine the question of granting professional
conditional use permits in this area, and to bring back their
recommendations on amending the zoning ordinance in this regard
at the next meeting.
It was moved by Rice, seconded by Becker, that the appeal from
the Board of Adjustments decision to grant a use permit for
the doctor's office at 1992 Centro West, is granted; that the
council finds that sufficient conditions do not exist which
would support the granting of ~ variance; that the applicant
has indicated to the staff that he desires to \'Tithdrav, his
application for a conditional use permit; and that the action
of the Board of Adjustments is reversed.
The Deputy City Attorney advised the council
decision on the evidence before the council 0
must make a
CITY COUNCIL
Planning Commissioner Allan Kuhn spok~ on behalf of
Belvedere-Tiburon Bulanced Transportation Committee
the co~mittee rnee~ with the staff to further review
submitted by the committee and the staffo
HINUTES
iF
252
Sept
Page
the Joint
He urged
the reports
13
3
1971
Sennett spoke to his memo submitted to the council and urged
the council insist the Division of Highways give tlle highest
priority to bringing the present Tiburon Boulevard up to the
maximum standards of safetyo The Chair questioned whether or
not Tiburon Boulevard could be turned into a safe road 0 Becker
urged the council come up with new land use controls 0
Fanning reported the BCDC will not permit any fill in the
Bay, and therefore the reports of the Balanced Transportation
Committee and the staff have to be restudied pertaining to
the parts calling for fill..
The City Hanager presented to the council report dated
September 2, 1971, prepared by the Ci ty l<Lanager and the Ci ty
Engineer on the Tiburon Boulevard alignment, in which they
recommended the first priority for development of Tiburon
Boulevard should be the improvement of the Trestle Glen inter-
section area, and that further studies should be made of
Tiburon Boulevard 0 He stated he is in agreement with the
suggestions made in the memo submitted to the council by
Sennett 0
TIBUROI-J
STUDY
5
A recess
9:07 p.mo
9~07 pom..
BOULEVARD
was taken at 9:00 porno, the council reconvening at
Councilman Fanning arrived at the meeting at
REALIGNi
lENT
Action
Remanded to staff
AYES:
NOES:
ABSENT:
COUNCILi.1EN
COUNCILUEN
COUNCILHEN
RECESS
Beck.er,
None
Fanning
,
Ellin~vood,
Rice
Sennett
Question
carried:
Ilembers of the
granted to Dr.
\'las
called
audience spoke against a use permit being
Rothman and urged the appeal be upheld.
on the
motion of Rice
,
and the motion
At the suggestion of Plannidg Commissioner Allan Kuhn, the Chair
directed staff to examine the question of granting professional
conditional use permits in this area, and to bring back their
recommendations on amending the zoning ordinance in this regard
at the next meeting~
It was moved by Rice, seconded by Becker, that the appeal from
the Board of Adjustments decision to grant a use permit for
the doctor's office at 1992 Centro t-Jest, is granted; that the
council finds that sufficient conditions do not exist which
would support the granting of ~ variance; that the applicant
has indicated to the staff that he desires to 'i."ithdraVl his
application for a conditional use permit; and that the action
of the Board of Adjustments is reversed 0
The Deputy City Attorney advised the council
decision on the evidence before the council 0
must make a
CITY COUNCIL
At the request of t~e City ~lanager, and there being no objec-
tion, the Chair directed the Ci ty Ilanager to have the authority
to negotiate for additional space for the police department,
and to report bad~ with proposals as to space and rental fee
I lIi~'JTES
J1
'Ii"
252
Sept.
Page
13
4
1971
The Chair directed the City Ilanager present to the council on
September 27th a brief summary of the qualifications of the
new chief, to be prepared in consultation with llr. Kreins, the
consultant. The City Manager suggested waiting until after
October 19 to advertise for the new chief as the annexation
question \vill then be solved and they '"Jill knovl ~vhat the
size of the city will be.
Ellinwood presented to the council a written report on the
Joint Police Study Co~~ittee meeting held on August 30 re
consultant's report on police services, with members from both
Tiburon and Belvedere being present. The conclusion of the
group was that Tiburon should fo~m its own police department and
should begin selecting 2 new chief
RECOj:lNENDATIONS ON
POLICE STUDY
4
AYES:
NOES:
ABSENT
COUNCILI'lEN:
CQUNCILI>lEN:
COUNCI:r:l':Tp~J .
Becker,
Fanning
i-1one
Action
Report accepted
Ell intvood
Rice
Sennett
Question was
With the consent of Sennett
be brought back to the next
by the council.
called
and the
motion carried
the Chair directed t:..e resolution
meeting for further review and study
Sennett also accepted the
"adequatell for Hminor" in
of the Tiburon Higfn'lo.y...~
amendment of Fanning to substitute
l'Jo. l, to read, "Adequate realignment
n
'(4) Provision for safe passage of vehicular traffic and non-
vehicular crossing.tl
Sennett accepted the amendlilent of Becker to change
provision for safe non-vehicular crossing by
means of signalling, bridging and tunneling.
No
4
to read
4
Resurfacing and provision for adequate shoulders
and turn-out points
3
2)
Appropriate stacking
I-linor realignment c-: the Tiburon Hightvay at
Trestle Glen and elsewhere to improve site lines
lanes
1
It was moved by Sennett, seconded by Ellinwood, that the council
by resolution to be drafted by staff, advise the Highway Division
that the Council finds the present Division of Highway plan for
additional four lanes of highway on the shoreline and into the
Bay unacceptable to the City of Tiburon; that the question of
whether or not any additional lanes of road will be necessary or
feasible is presently under study by the City of Tiburon along
with the study of la~_d use; that until such time as that study is
completed and implc~ented, the COl"~cil requests that the Divison
of Highways assign the highest priority to the immediate improve-
ment of Tiburon Highway to its maximum safe holding capacity,
including but not limited to the following considerations:
CITY COUNCIL
HINUTES
#252
Sept
Page
13
5
At the request of Fanning, the last line of the
on page 1 of the ordinance was revised to read,
Saturdays, Sundays and holidays.t1
last
"
. .
1971
paragraph
. except
An ordinance entitled AN
CITY OF TIBURON AllliN0ING
came on for introduction
ORDINANCE OF THE CITY COUclCIL OF THE
CHAPTER 23 OF THE TIBURON CITY CODE,
and first reading
8
TRAFFIC ORDINANCE AtIENDIlliHTS
IIotion of Sennett, seconded by Fanning, that the council accept
the City i:-Ianager's recommendation to amend the 1971-72 city
budget to provide for position of parking controller, as
further delineated by the Cit:r f.1anager in his report of
September 13, 1971, carried: All Ayes.
Action
Ord
passed first reading
In response to a question by Ellinwood, the City Manager
stated the position would carry the normal probationary
period, ~~1ich could be extended to give the new chief an
opportunity to work with the new employee before the pro-
bation period expires.
The City 14anager presented to the council a request by the
Sheriff that Deputy Sheriff I, provided for in the budget,
be hired by the city directly as a city employee.
AHEblDHENT TO 1971-72 BUDGET
TO PROVIDE FOR POSITION OF
-PARKING CONTROLLER
7
Action:
There being no objection, with unanimous consert, the Chair
directed Resolution 390, as recommended by Fanning, adopted
with the proper parcel numbers and dates inserted, to be
sent to ~ashington, D.C.
Report accepted
Fanning reported another 309 acres of the uplands above the
NET Depot are being offered by GSA. The county has turned
the offer down. Fanning requested a resolution be sent to
Washington, D.Co, with the Ilayor's signature, to request that
the City of Tiburon be given the opportunity to acquire the
excess parcel, at no charge, to be kept as open space.
ACQUISITION
The Chair reported for the record they have met with the pro-
perty owner of Strawberry Cove and have had extensive dis-
cussions on the matter.
OF
NET DEPOT PROPERTY
Action
Res
390
adopted
AYES;
NOES:
ABSENT
COUNCILI IEN
COUNCILi',illN
COUNCILUEN
Becker
None
l\l one
Ellintvood
Ilotion of Ellin,,'!ood, seconded by Becker, that the Ci ty Hanger
be authorized to work with the City Attorney's office to retain
the professional services of one appraiser, if necessary, for
the Strawberry Cove appraisal, carried:
Fanning
Rice
Sennett
The City l-Ianager reported they have held discussions ,,,,ith the
property owner of Strawberry Cove, and considering the possi-
bility they might need to have an appraisal made of this
property before September 30, ,.,hen the council is to make a
decision, he requested authorization to retain such an
appraiser if neededo
AUTHORI ZATIOi~
RE STRA\>JBERRY
TO APPOINT APPPAISER
COVE
Action:
Authorization
granted
CITY COUNCIL
i<IINUTES
"
=;f
252
Sept
Page
lG
6
1971
Sennett recorrunended staff be directed to prepare an appropriate
ordinance to make provision for outdoor sales of merchandise and
other outdoor events in the downtown area. The Chair directed
staff bring a draft o~dinance to the next meeting in this regard
The Deputy City Attorney recommended amending the zoning ordi-
nance to add a conditional use permit provision to cover such
requests 0 '1.1he present request, ho\V'ever, involves use of the
railroad lands for ~vhich the city has announced it will grant
no permit because of pending litigationo
Denied permission unless
railroad furnishes agree-
ment '
The City :'lanager presented a request from the Harin Hontessori
School for a scholarship fund-raif'ing event to be held on
Friday, November 5, 1971, ~vith the headquarters to be at
the Pandemonium Storeo
I.1ARIN HONTESSORI SCHOOL
SCHOLARSHIP FUi'JD
10
Action:
At the r~quest of Sennett, the Chair directed a representative
from Hilliams and nocine be available at the next meeting, to
be held on September 20, for questions from the council.
Dr. George Ellman of the Parks and Recreation Commission recom-
mended the firm contact Ilr. !vayne Hoody, former Planning
Director, to review the work he had done in this regard. The
Director of Community Development stated there will be a con-
ference held ~"i th Ilr 0 :loody in the near" future.
Fanning spoke against the firm of tIilliams and I10cine and
urged other firms be interviewed. Becker requested staff
prepare an outline showing the interaction between members
of the city staff and the consultants, to be presented to
the council
The Director of Co~nunity Development presented to the council
report on Open Space Element and recommendation for consultant
~lith the recommendatj.ons the planning consultant firm of
Hilliams and :locine be retained at an estimated cost of $16 I 090
a
9
OPEl'J
AYES:
i'JOES ~
ABSEi'JT
SPACE
COUHCILi.1EN
COUHCILllEN
COUNCILUBN
ELEllNT PROPOSAL
Becker,
None
None
Action:
Cont'd to Sept
20
llotion of
deemed to
Ell in'ilOod
Fanning, seconded by Becker, that the ordinance be
have passed first reading, carried:
Fanning
Rice
,
Sennett
Fanning recon~ended Section 2(d), line 1,
senger loading zones shall normally be 0
read, 10 . 0 or by the placement of signs
exist I
re ad : iI (d)
oil Line 3
~^,here curbs
Pas-
should
do not
On motion of Fanning, seconde0 by Becker, reading of the
full ordinance was waived and the ordinance was read by
title only 0
Fanning objected to the placement of signs being left to
the discretion of the City Traffic Engineer, in Section 2
The City Engineer recommended a traffic review committee
beformed, whiQl would be a fact-finding bodyo The Chair
directed staff ~repare a report in regard to establishing a
traffic committee, to be presented at the next meetingo
The Chair directed the City Manager advise the 11ontessori
School he could not grant the permission requested and that the
property is presently under litigation which prohibits the
council from granting the permission. It was the sense of tl1e
council they were sympathetic to the request, however, and
suggested the applicant contact the railroad and get their
agreement in writing that this is a special situation and will
not affect pending litigation.
11. HEED k\TD RUBBISH ABATEHENT
Continued.
12. WEST PENINSULA ANNEXATION Action:
~f 1 AND ~i 2
I-lotion of Becker, seconded by Fanning, to adopt Resolution 391,
A RESOLUTION OF THE CITY COUHCIL OF THE CITY OF TIBURON
ESTABLISHING SPECIAL ELECTION PP~CINCTS, APPOINTING ELECTION
OFFICERS, ESTABLISHING POLLING PLACES ill~D SETTING COI,WENSA-
TION FOR SPECIAL ELECTION FOR t'1EST PENINSULA ANNEXATION
i'J 0 . 1 (STRA\^lBERRY) .
The Deputy City Attorney requested the fOlloNing corrections
in the resolution:
Paragraph 1 (A) on page 1, line 6, should read: n of
. . .
Heda Lane, and that portion of existing Precinct
l'Jo 0 3704, vlhich lies south of Tiburon Boulevard, all of
which special precinct is It
. . .
Paragraph I. (B) , line 1, should read, " . Precinct
. 0
No. 2 shall . 0 .
Line 4 should read, It all of which special
. . .
precinct . n
0 .
Question was called, and the motion carried: All Ayes.
~lotion of Fanning, seconded by Becker, to adopt Resolution 392,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON
ESTABLISHING SPECIAL ELECTION PRECINCT, "APPOINTING ELECTION
OFFICERS, ESTABLISHING POLLING PLACE, AND SETTING COl.1PENSATION
FOn SPECIAL ELECTION FOR HEST PENINSULA ANNEXATION NO. 2 (EAGLE
ROCK - BAYVIEH HEIGHTS - BEL AIRE), carried: All Ayes.
'llhe City l-lanager reported the committees are putting together
a schedule of coffee meetings at which they are expecting
councilmen to be present. He distributed fact sheets to the
council and requested suggestions and revisions be made to
them, to be returned at the next meeting.
REGISTER OF CLAII1S 85 Action: Accepted
Motion of Becker, seconded by Fanning, to accept Register of
Claims 85, carried:
AYES: COUHCILllEN: Becker, Ellinwood, Fanning, Rice, Sennett
NOES: COUNCILNEN: None
I~BSENT : COUNCILllEN: None
STAFF REPORTS
It was moved by Fanning, seconded by Becker, to accept staff
reports as follows:
DEPARTHENT OF COI-lI\lUNITY DEVELOPllENT
CITY ENGINEER'S ~10NTHLY REPORT - August 1971
CASH FLOt1 - July
Sept. 13 1971
CITY COUNCIL 11INUTES ~i252 -Page 7
With unanimous consent, the Chair directed the reports accepted.
V. ITEl1S NOT ON THE AGENDA
Railroad Property, Downtown Area
Sennett requested the Chair direct the staff to furnish
information as to the value of the railroad property in
the downtown area for purposes of taxes. The Chair so
directed.
Bicycle Path
In response to a question by Ellinwood, the City Engineer stated
the portion of the bicycle path near the pumping plant is
the site the Division of Highways is widening the road for a
bus stop. They are doing interim work until the highway is
through with the bus stop. The highway will be providing
access for cyclists, ''lihich should be completed in the next
fe\'l months.
In regard to Ellinwood's request for a crossing at Gilmartin
Drive, the City Engineer was of the opinion there was not enough
traffic generaged there for crossings, but this could be
explored.
!ntroduction of Planning Assistant
The Director of Community Development introduced I.lr. Andy
Hahto as the new planning assistant.
A )ointment of Delegates to League of California Cities Conference
On motion of Ellinwood, the Chair, with unanimous consent,
appointed Ellinwood and himself as voting delegates to
the League of California Cities Conference to be held in
San Francisco on September 26, 27 and 28.
VI. ADJOURJ.\IJ:.1ENT
It being now the hour of 12:18 a.m., September 14, 1971, and
there being no further business to come before the council,
the Chair declared the meeting adjourned to 7:30 p.mo,
I:Ionday, September 20, in the City Ilanager's Offices.
~ 'L~
,. , ~",,/
,~ ...J....LL- ;'Ui.... v""'''''L~,
BERT BALr.mR, City Clerk
APPROVED BY THE CITY COUNCIL ON:
/
?:J~~/ /~ , 1971.
~ c;7-~---
'~~. -,/
~mYOR OF THE CITY OF TIBURON
Sept. 13, 1971
CITY COUNCIL HINUTES ~~252 Page 8
CITY COUI.'TC=-:L
IvIINUTES
ti253
Septv 20
Page 1
,
In response to C;" _r' '~ons by Fc-nning, Hr 0 Williams gave the
history of his prior association with the City and stated after
preparing th-; SkJ,~.tc~l rr_~p, his firm had chosen not to do the
zoning.
1971
Fanning questioned whether any other firms had been contacted
The Director of Communi.ty Development stated he had received
communications from other firms equally as qualified, but
because of the tim~ factor and because of the previous work done
by this firm for the City of Tiburon, Williams and Mocene had
been selected to do the study.
lIre Nilli~ms responded to questions by the council. He stated
Supervisor Michael Wornum has been an associate of their firm
since 1965, but is cnrrently on leave of absence, teaching in
Berkele:~. He stated he will furnish a list of alternatives on
how the ci ty C::~.n b~s t a<:hi8ve its goals.
The City Hanager introducerl to the council Hr. Sy-",'''8Y t1illiams
of Williams and IIoccne, who had agreed to answer questions on
the proposal submitted by his firm in regard to Environmental
Quality and the Open Sp~~e Element for tl1e Tiburon Peninsula.
OPEN
SPACE ELEHENT PR0:20SAL
- ...... ----
IV BUSlil)'ESS OF THE COUNCIL
-." ~---
There being no furth8~
approved.
Page 7, par?qrcph
Tiki ShOl' . D 0 r:
cor:-:-er;t.i,ons
,
Hinutes 249
250 and 251
Tahitian
,.,er e
Page 2, paragraph
should read, ". .
facili ties. II
3
5
.
shculd include
under Communication," line 2
with respect to sanitary
II
Page 2, paragraph
". 0 . this mat~~r
coromi L~ce , . . ."
4, line 2 should read,
into lands and development
Ellinwood
'Absent: Becker, Ellinwood
NOTE: Ellinwood was excused by the
requested the fcllowing corrections to
Hayor
"
Ninutes 1251
Ellinwood requested
Hinutes
#249
corrected to show
ABSENT:
EX OFFICIO:
III
APPROVAL OF
Hayor Rice
Sennett
Be.cker
Bert Balmer, City ~1anager
Richard Arjo, Dir. of Comma Development
Hellen Ie. Hecht, Hinute Clerk
HINUTES
COUi~CILNEN
Fanning
PRESENT
COUNCILllEH
II
Ellin\'I1ood
POLL CALL
(
7
49)
An adjourned meeting of the City Council, City of Tiburon,
State of California, was called ~o order at 7:39 p.m.
September 20, 1971, in the City Hall Council Chambers
I
CALL TO ORDER
CITY COUHCIL
CITY OF TIBURON
#253
Sept.
Page
20
2
CITY COUi.\TCIL
The Director of Com".":'ll,ni ty
a report on design r~v~ew
HJ:NUTES
Development r~ported he is preparing
for :Joth single-family residences and
,
1971
DES I Gi\J
AYES:
NOES:
ABSENT:
REVIEH
COUi~CII,HEN :
COUNCILllEN:
COUNCILfIEH:
Ellinwood
Hone
Becker
,
After further discussion, it was moved by Sennett, seconded by
Rice, that the staff furnish the council at a regular meeting
a form of resolution which the council can discuss which would
embody instructir] the Planning Commission to impose a holding
zone in certain areas of the Ci~y ?n~ to initiate consideration
of rezoning the ridge areas to 10w4~r density and/or open space.
I,~tion carried:
Fanning,
Rice,
Sennett
Ellinwood referred to the housing committee currently preparing
a study for Tiburon, ~nd stated if the ridge has a lrn~er density,
other areas will have to be increased.
To a question by Sennett as to the advisability of rezoning
some of the ridge land downward in order to reduce the density
previously provided for in tile zoning, the City r1anager stated
that hearings for rezoning the ridge lands '~ould be about the time
the staff ~'lould be submitting their proposals for buying the ridge
lands, and he therefore recommended leaving the zoning as it is.
Should development plans be pr0sented, the land could be put in
a holding zone up to a pGriod of one year, whicll would prohibit
the development uni:il the study is completed.
ZONING ORDN~\JCE FOR LOWER DENSITY
--.. ------- -- --- - ____ 'v_
To a question by Sennett, the City ~lanager statqd before the
end of the calendCl.r year h~ will have an analys."_.3 and
recommendations for pos~ible acquisition of portions of the
ridge land.
AdENDING
'llhe Chair questioned the possibility of activating the Open
Space acquisition committee, chaired by I.Jr. Rampton Harvey,
to meet in regard to the Open Space ~tudy. Sennett urged the
Open Space Study Committee consist of members of the Planning
Commission, Parks an~ Recreation Commission, and the staff, and
perllaps some additional private citizens. The Chair and
Ellinwood spoke in favor of more active citizen participation.
PUBLIC PARTICIPATION
The Chair directed this matter continued tc September 27, at
which time a vote will be taken on the hiring of the consultant
IN
OPEN
SPACE STUDY
After further discussion, Fanning requested permission to
review tile file and examine th~ other proposals submitted to
the city.
Sennett questioned the possibility of in\~luding in the contract
a statement reflecting the amount of time either I1r. r'1illiams
or someone on the senior level would spend on the work to be
done. ~'lr. ~'1illiams assured the council if his firm 't'l1ere to
be cllosen, he woulJ b~ tile pa~tner in charge 0 He stated in his
opinion the more work that can be don8 by the local staff, the
better the level of co~sulting.
To a question by Sennett, the City I.lanager responded there is
no way any of the expenditure for the Open Space Element
could qualify for state or federal assistance.
CITY COUNCIL
HINUTES
#253
Sept.
Page
20,
3
1971
Ellinwood reported on October 13 a number of citizens in the
community are planning a march for peace, in connection with a
nation-wide program, and she requested the endorsement of the
council of this event. The Chair directed this matter agendized
for the September 27th meeting. Fanning questioned the
advisability of the council's endorsing this as it then
becomes a political issue.
I,lARCH FOR PEACE
Staff ~ias directed to prepare a suspense calendar, to be circu-
lated to the council every third or fourth agenda. The City
Uanager reported this ~"lould be available by the next meeting.
Suspense Calendar
v.
The Chair directed staff bring this matter back at an October
meeting, the council having indicated previously an interest
in acquiring this property for open space.
NEtq
BUSINESS
LAi-1DS OF
~lotion of Fanning,
carried: All Ayes.
i~ORHITT AL~D PLACE
seconded by Sennett,
UC~1_cf!j
Ellinvlood reported at the Divison of High\vays hearing held at .--J2J~~_~_
the Civic Center, it was made clear by the highway people that 1
the Highway Division is responsible for the safety of the persons
who drive on, cross or walk on State highways, and it is incumbent
upon them to provide improved sight lines, good turns, stacking
lanes, lighting, signalization, and crosswalks. Ellinwood sug-
gested the cover letter transmitting the resolution to the
Division of Highways refer to the above statements made by the
Division of Highway representatives. Sennett requested the
letter include the proposed means for safe crossing such as
bridging, tunneling and signalization.
to adopt Resolution
390,
The City Manager presented to the staff a resolution entitled
A RESOLUTIOH OF THE CITY COUNCIL OF THE CITY OF TIBURON FINDING
THAT THE DIVISON OF HIGHWAYS PLAN FOR DEVELOPHENT OF TIBURON
BOULEVARD Ii-1TO A FOUR-LANE HIGIIt'7AY IS UNACCEPTABLE AND RECOH-
HENDING II-lr.lliDIATE 1I1PROVEHENTS OF THE EXISTING ROADHAY
'J:1IBURON
Ellin\"lood questioned \11hether private lands could be rezoned
Park. The Chair referred to a term frequently used, inverse
condemnation, and requested the City Attorney furnish the
council with its meaning. He stated in his opinion the City
can rezone Park, and referred to a case in Piedmont where a
parcel of land was zoned Park, which resulted in a pending
law case. Ellinwood asked the facts of tllis case be made
available to the council.
BOULEVARD REALIGNUENT
PARK USE
The Chair directed the City l1anager \'lri te a letter to the
Planning Commission, for the I.layor's signature, urgently
requesting the Planning Commission act on this matter and
send it to the council by their first meeting in November
commercial or large developments,
Planning Commission at a special
September 22.
to be submitted to the
meeting on Wednesday,
Annexation
The Ci ty ilanager furnished the dates for coffee meetings for
the Strawberry Annexat=_on area, and members of the council agreed
to be present at the meet~ngs. Ellinwoc1 urged members of the
Planning and P2rks and Recreation Commission also attend the meet-
ings. The City I:1anager stated he will circulate meeting dates
for both Annexation Areas No. 1 and 2 to all members of the
council as \'lell as the Commis~_Jions, inviting them ~o attend.
VI. EXECUTIVE SESSION
At 10:07 p.m., on the order of the Chair, the City Council
recessed into Execu.civc Session to consider joining the
Strawberry Re~reation District in litigation against the
Strawberry Cove and other matters related to public acquisition
of the Cove proper"cy.
VII. ADJOURNNENT
It being now the hour of 11:10 p.m., September 20, 1971, and
there being no furth:=r business to come before the council,
the Chair declareu the meeting adjourned sine die.
ul,/I/2~LL<
BERT BALI-lER, City Clerk
,Y THE CITY :
, 1971
""' ---
F TIBURON
Sept. 20 1971
crry COUECIL IIINUTES :;F253 Page 4
CITY COUNCIL
CITY OF TIBURON
I. CALL TO ORDER
The regular meeting of the City Council, City of Tiburon, State of
California, was called to order by Mayor Denis T. Rice at 7:45 p.m.,
September 27, 1971, in the City Hall Council Chambers~
II. ROLL CALL
PRESENT: COUNCILr-mN : Mayor Rice, Ellinwood, Sennett
ABSENT: COUNCILNEN: Becker, Fanning
EX OFFICIO: Bert Balmer, City Manager
Robert L. Kleinert, Assistant City Manager
Robert I. Conn, City Attorney
Ray W. Foreaker, Jr., City Engineer
Richard Arjo, Dir. of Comma Development
Louis V. Brunini, Supt. of Public Works
Hellen K. Hecht, Minute Clerk
III. APPROVAL OF MINUTES
Nos. 252 and 253 Action: Continued
Approval of Minutes 252 and 253 was continued.
IV. BUSINESS OF THE COUNCIL
7. HORSE LICENSE ORDINANCE Action: Referred to Planning Commissipn
An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ESTABLISH-
ING LICENSING REQUIRE~mNTS FOR THE KEEPING OF HORSES; PRESCRIBING
REGULATIONS FOR THE HAINTENANCE OF HORSES, CORRALS AND PASTURES AND
FOR THE ~mINTENANCE OF PRIVATE STABLES WITHIN THE LIMITS OF THE CITY
OF TIBURON, came on for introduction and first reading.
Ellinwood spoke to the ordinance, suggesting changes to the draft.
She urged consideration be given to writing a simple, permissive
ordinance in which a staff member is provided with a high degree
of independent judgment.
Miss Janet Figari read a statement to the council requesting the
council and the commissions work with the expert horse advisors in
drafting up ordinances pertaining to horses. Mr. Joe Brewster,
Sgt. Stone and Mr. and Mrs. Marshall Figari spoke to the matter.
Planning Commissioner Allan Thompson recommended that the Planning
and Parks and Recreation Commissions be assigned to work with the
horsemen's associations and the horse owners in Tiburon to draft
up an ordinance.
After discussion by the council, the Chair directed the ordinance
be referred to the Planning Commission for their consideration
and requested the Director of Community Development notify the
horse owners who have appeared of record, requesting they furnish
comments on th~ ordinance in writing to the Commdssion.
5. PROGRESS REPORT - UNFINISHED BUSINESS
Rules and Regulations, Horse Path
The Chair suggested the best rules and regulations would evolve
from the actual use of the bike and horse path. He directed this
matter to the Parks and Recreation Commission for their comments.
l~. Jeff Knight, chairman of the Parks and Recreation Commission,
stated the commission would discuss this matter at their next
meeting, and would welcome any comments from horsement's groups or
individuals. They would report back to the City Council on
October 26.
Sept. 27, 1971
CITY COUNCIL MINUTES #254 Page 1
'.
.'
Ellinwood questioned whether city equipment could be used to make
a harder surface on the horse path. The Chair directed this
matter to staff, to report back at the next meeting.
1. CONSIDERATION OF REZONING OF Action: Ord. passed 1st reading
PORTIONS OF GOLDEN VIEW HEIGHTS
SUBDIVISION FROM R-2 TO R-2-C
An ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TIBURON REZONING CERTAIN PROPERTY IN THE GOLDEN VIEW HEIGHTS
SUBDIVISION FROM THE R-2 TO THE R-2-C (CLUSTER OVERLAY ZONE) came
on for introduction and first reading.
The Director of Community Development stated the Planninq Commission
recommended the rezoning because of the topography, the cul-de-sac
location and the narrowness of the streets involved.
Mr. Bill ~lcDevitt, a CO-developer of the property, spoke to the
matter. He stated the surrounding property owners do not object
to the rezoning. They intend to build condominiums, under single
ownerShip.
On motion of Sennett, and there being no objection, reading of
the full ordinance was waived and the ordinance was read by title
only.
Motion of Sennett, seconded by Ellinwood, that the ordinance be
deemed to have passed first reading, carried:
AYES: COUNCILr.-1EN: Ellinwood, Rice, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILl\1EN: Becker, Fanning
The Chair directed the record show that the council considers the
parcel unique and that is part of its consideration in approving
a cluster zoning for such a small land area; and that the council
feels that the aspects of protection of views and concern with
mass will be dealt with at the precise plan stage.
RECESS
A recess was taken at 9:06 p.m., the council reconvening at
9: 15 p.m,., the roll standing as originally taken.
V. ITEMS NOT ON THE AGENDA
The Chair read a letter from former Mayor Gordon Strawbridge in
which he referred to complaints about the condition of the
recycling depot at Mar West. Mr. Strawbridge suggested considera-
tion be given to a misdemeanor ordinance for people who dump
trash at the site. The Chair referred the letter to Mr. Aramburu,
who is in charge of the depot.
The Chair referred to correspondence from Hr. and r-1rs. Sam Hann,
Ur. Joske from the County, and Mr. Richard Sagebill, compliment-
ing the city on the fine bike path.
Hr. Don Tayer stated the Parks and Recreation Commission has set
the date of Saturday, October 9, at 11:00 a.m., for the dedica-
tion and the official opening of the Richardson Bay bike path, to
be held in Blackie's Pasture. He requested authorization from
council to invite the appropriate dignitaries, and invited
councilmen to attend.
Mr. Jack Himmelwright referred to a memorandum from Anne Ellinwood
outlining suggestions for safety measures to be taken on the
bike path. He urged immediate action be taken on all 15 points
listed in the !memo .
Sept. 27, 1971
CITY COUNCIL MINUTES #254 Page 2
Sept.
Page
27
3
CITY COUNCIL
It was moved by Ellinwood, seconded by Sennett, to grant the encroach-
ment based upon the evidence that comes from the Superintendent of
Public Works that in his opinion the addition of a roof as described
by Mr. Strotz would not affect the safe flow of traffic on Centro
HINUTES
#254
,
1971
The Director of Community Development presented to the council a
request by Mr. A. K. Strotz to install a roof on his parking deck
located within the public right-of-way in front of his residence
at 2070 Centro East Street. Mr. Strotz spoke to the matter.
Motion of Sennett, seconded by Ellinwood, that the Mayor be author-
ized to enter into a contract with the firm of Williams and Mocine,
pursuant to the propasal outlined in the City Manager's memo of
September 13, 1971, in connection with the planning of the Open
Space Element, carried: All Ayes.
11. A1~ EXCEPTION TO THE Action
ENCROACH~mNT POI!,7CY
Granted encroachment permit
APPOINT~mNT OF CONSULTANT
FOR OPEN SPACE STUDY
Appointed Williams &
X10cine
4.
Motion of Sennett,
carried: All Ayes
Action:
seconded by Ellinwood,
The City Engineer corrected the property description in
tion to delete IInorthwesterlyll in line 2, before "220'.
to adopt Resolution
II
the resolu-
394,
The City Manager presented to the council a resolution entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ON
CREATING PASSENGER LOADING ZONES AND LOADING ZONES ON TIBURON
BOULEVARD.
PASSENGER LOADING
BOULEVARD
3.
AYES:
NOES:
ABSENT
ZONES ON TIBURON
COUNCILNEN
COUNCILMEN
COUNCILIlEN
.
.
.
Ac,t'ion
Ellinwood, Rice,
None
Becker, Rice
Res
394
adopted
Sennett
Motion of Sennett, seconded by Ellinwood, that Ordinance 76 N.S.
deemed to have passed second reading and be adopted, carried:
be
On motion of Sennett, and there being no objection, reading of the
full ordinance was waived and the ordinance was read by title only
An ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TIBURON ~mNDING CHAPTER 23 OF THE TIBURON CITY CODE, having
passed first reading, came on for second reading and adoption.
2
TRAFFIC ORDINM~CE
Uotion of
izing the
ANENDI~mNTS
Ellinwood, seconded by Rice, to adopt Resolution 393
Mayor to make the above offer, carried: All Ayes.
Action
Ord
76
N
.S.
adopted
author-
The Chair reported on meetings with the Strawberry Cove owners
and asked the council to authorize him to make a firm offer of
$125,000 for the grant deed to the Strawberry Cove property owned
by ~1r. Fleischman, payable $25,000 in cash at the close of escrow,
the balance of $100,000 payable in four installments, the last
installment being December 31, 1975, and the first being December 31,
1972. They would require a standard form of title policy, and this
offer would be contingent upon completion of annexation. The
offer would expire seven days from receipt of the letter
Strawber
Cove
CITY COUNCIL
HINUTES
#254
Sept. 27,
Page 4
1971
Ellinwood referred to the area of Blackie's Pasture where there
are poles and lines on both sides of the street. She questioned
The City Manager recommended a post-card survey be taken of
Little Reed. Should they favor undergrounding, the city could
contribute 25 percent of the cost, which would be a reasonable
share for the city to encourage undergrounding in specific
neighborhoods
Responding to a question by Sennett, the City Engineer stated it
is necessary to have precise costs and the properties identified
before an assessment district can be set up~ He stated should
the participants in the district vote it down, the city could be
responsible for several thousands of dollars incurred in prelimi-
nary engineering work and legal costs. Sennett urged the bonding
concept rather than the assessment district be explored.
Sennett reported on a survey taken by ~rr. Defrees of Little
Reed Heights-Tiburon Knolls Homeowners Association, in which it
was concluded the majority of those residents were overwhelmingly
in favor of spending the amount of $1300 for undergrounding.
Ellinwood suggested a program of cost sharing, whereby the immedi-
ately affected owner would contribute one-third of the cost of
undergrounding, the utilities one-third, and one-third collected
on an ad valorem tax by the City as a whole, to be extended over a
ten-year period, in which all the poles in the city would come
d~~n. The City Manager suggested that the utilities would not
contribute one-third of the costo
Mr. Colombo from Pacific Gas & Electric and Mro Rudolph from
Pacific Telephone responded to questions from council on under-
grounding.
The City Engineer presented a report on the undergrounding of
utilities in residential areas within the City of Tiburon.
6.
UNDERGROUNDING OF UTILITIES
The City
Planning
Action
Hanager reported this matter had been referred to the
Commission for their October 4 agenda.
Referred to staff
Professional Use Permits - R-2
The
Qualifications of Police Chief
Rental of Additional City Hall Space
Traffic Review Committee
Provisions for Special Events
above matters
~lere continued
5.
(Cont' d)
AYES:
NOES:
ABSENT
PROGRESS
COUNCILr-IEN
COUNCILI'-1EN
COUNCILf.lEN
REPORT
Ellinwood, Sennett
None
Fanning, Becker
,
Rice
Question was called and the motion carried
The City Attorney stated the applicant should understand the
permission to construct the roof is revocable on demand by the
city at any time 0
East Street and would not in any way impair the present line of
sight that exists with the present structure. Further, the con-
struction of the addition is to be approved by tile Board of
Design Review and the City Engineer.
.
Sept.
Page
27
5
CI?Y
Ellinwood urged consideration be given to rubbish in the backs
of commercial buildings in the downtown area. Sennett questioned
the possibility of expanding existing ordinances to give the city
permission to go on private property to remove rubbish or litter.
. - . d 1" i- .l.h . . b . 1 . t
The C~ ty hanager agre() to. OOK J_n~o l.. ~s poss~ ~ ~ y.
COUNCIL
HINUTES
#254
,
1971
The City 11anager presented to the council a report on the matter
of establishing a procedure to abate weeds and rubbish on
private lands.
10
~VEEDS
Motion of Ellinwood, seconded by Sennett, to adopt Resolution 395,
A RESOLUTIO~ OF THE CITY COUNCIL OF THE CITY OF TIBURON ENDORSING
THE PLANNED OCTOBER. 13" 1971, TIBURON-BELVEDERE "JOIN HAl.'lDS FOR
PEACE" 'trvALK AND URGING THE CITIZENS OF THE CONr1UNITY TO PARTICI-
PATE, carried: AIl Ayeso
M~D RUBBI3H ABATE~illNT
Action:
Continued
9
JOINING HM~DS FOR PEACE
,,'Vi thdre\v
Ellinwood questioned whether the tax should apply to the Hilarita
project. At the time the ordinance is considered for first read-
ing, the Chair directed staff to determine whether it would be
legal to include a provision in the ordinance that would put a dif-
ferent rate on units ~vhich come under federal moderate income
housing. He stated it may be justifiable on the grounds it is a
non-profit situation \1here the income is controlled.
iI
f,'JALK
Action
Res
395
adopted
Sennett
The Chair agreed with the matter being continued until a full council
is present, but stated in his opinion the amount is not excessive,
and he favored the substance of the proposed ordinance.
his
motion
,
a.nd Rice
\'1 i thdre\'l
his
second
Ellinwood objected to the amount of the tax and the inclusion of the
commercial section, and suggested instead of a first reading the
council declare its intention to levy a property development tax,
the reasons be set forth in a new and altered ordinance, and that
it come on in October when the full council is present for first
reading
It was moved by Sennett, seconded by Ric:'e
deemed to have passed first reading.
that
On motion of Se~nett, and there being no objection, reading of the
full ordinance was waiveJ and the ordinance was read by title only
the ordinance be
An ordinance entitled fu~ ORDIlJANCE OF THE CITY OF TIBURON ADDING
CHAPTER 7B TO THE TIBURO~ CITY CODE, PROVIDING FOR THE IMPOSITION
OF A PROPERTY DEVELOPllliNT TAX, having been tabled in August 1970
pending the outcome of a pending suit in another area, came on at
this time for introduction and first reading.
8.
PROPERTY DEVELOp~mNT TAX
ORDINANCE
The Chair directed the City Hanager prepare a sample post card to be
sent to tile residents in Little Reed for the next council meeting.
Action
Continued
The Chair directed the City ~lanager explore the possibility of
skipping over the area between downtown Tiburon and Blackie's
Pasture, and doing the area with the waterfront view as the next
step in the undergrounding phase.
whether the poles on the
and all the lines strung
it was a matter of costo
water side of the
on the land side.
road
Hr.
could be removed
Colombo responded
12. APPLICATION FOR EXTENSION OF Action: Res 396 adopted
TEIlPORARY USE PERr-1IT FOR
NORTHWESTE~~ PACIFIC PARKING LOT
The City Manager presented to the council a resolution granting an
extension to use permit to maintain and operate a parking lot
at 1691 Tiburon Boulevard.
In response to a question by the Chair, the City Engineer stated
one-tl1ird of the lot remains unpaved.
Motion of Sennett, seconded by Ellinwood, to adopt Resolution 396
by inserting on the second page, the parking rate Monday through
Friday, 25<:, $5 monthly; Saturday and Sunday, 75<:.
tlith the approval of Sennett, Ellinwood amended the motion to
include at the bottom of page 1, under 2., n (c) . That the
surfacing of the lot be completedoU
The motion, as amended, carried:
AYES: COUNCIL~1EN : Ellinwood, Rice, Sennett
NOES: COUNCILlvlEN: None
ABSENT: COUNCILNEN:: Becker, Fanning
VI. QUESTIONS ~~D co~~mNTS
Safety on Richardson Bay Path
Ellinwood submitted a memorandum re: NEED FOR PROVISION~ I~IDmDI-
ATELY OF SAFETY DEVICES ~~D REGULATIONS ON THE RICHARDSON BAY
PATH AND ON TIBURON HIGHtiAY t1HEREVER INGRESS-EGRESS TO/FROl\1 THE
SJU.1E IS PROVIDED; OTHER PROPOSALS FOR CYCLISTS, EQUESTRIANS AND
PEDESTRIAN SAFETY. The Chair directed staff to promptly take
whatever action appropriate called for in the memo; and in regard
to points 9 and 10, to bring back recommendation for council's
consideration. The City Uanager should present a progress
report to the next meeting on the other items.
City Engineer Vacancy
In response to a question by Ellinwood in regard to the resigna-
tion of the present City Engineer, the City Hanager stated a
partner in the present City Engineer's firm will be able to
serve until a new City Engineer is appointed. The council will
be receiving a memo ,~ith the City Manager's recommendations in
the next \~eek.
Happing of the Drainage ~:]ays
To a question by Ellinwood as to whether the mapping of the
drainage ways could be accomplished by the new City Engineer,
the City Engineer responded this could be done, with the assist-
ance of the Superintendent of Public Works.
!iburon Peninsula Club holding pond
Ellinwood requested staff investigate the filling operations of
the pond by the TPC.
U er Raccoon Lane Dedication
In regard to the resolution concerning restoration of Upper
Raccoon Lane and the collection of sums of money from the
residents on the lane for repairs, Ellinwood reported r-lrs.
Aureguy passed away recently and the administrators of the
estate have resPOnded\rega~the Aureguy pro-rate share.
-~ ~ Sept. 27, 1971
CITY COUNCIL HINUTES ~254 Page 6
The Assistant City Manager stated the city has the quitclaim
deeds from all the property owners except Ross and Aureguy.
Ellinwood requested the City Attorney and the Assistant City
I.lanager work out a procedure to handle this matter and inform
the residents in the area of the action by the next meeting.
Discussion of Countywide General Plan
Ellinwood reported on October 6, the count~~ide general plan will
be discussed at the Tamalpais High School, and she urged full
attendaace by the council and the Planning Commission.
Recycling Depot
Ellinwood requested action be taken, as suggested by ~tr.
Strawbridge in his memo for cleaning up the recycling depot.
Council Meetings in October
Because of the holidays, the Chair set the dates October 12 and
October 26 for the next council meetings.
~~ntessori Festival
To a question by Ellinwood, the City I1anager responded he wrote
the Montessori people reminding them their festival could
probably be held if they moved to a site other than the railroad
land.
Lanes Policy
Ellinwood urged the council take action on arriving at a policy
decision in regard to accepting lanes in Tiburon. The Director
of Community Development advised he will schedule this matter
on the next available Planning Commission agenda.
Commendation of City Engineer
Council praised Ray Foreaker, the City Engineer, for his five
and one-half years of dedicated service to the community and
wished him well in all future endeavors.
VII. ADJOURNNENT
It being now the hour of 12:20 a.m., September 28, 1971, and
there being no further business to come before the council, the
Chair declared the meeting adjourned to October 12, 1971.
BE~;ri '7
~) 1:
""",;"-c - - .-c~ 1:_
City Clerk
APPROVED BY THE CITY COUNCIL ON:
/-~-'~
~71.
.;.:j-----~---
~ OF TIBURON
Sept. 27, 1971
CITY COUNCIL MINUTES #254 Page 7
CITY COUNCIL
An ordinance entitled fu~ ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TIBURON REZONING CERTAIN PROPERTY IN THE GOLDEN VIEW
HEIGHTS SUBDIVISION FROM THE R-2 TO THE R-2-C (CLUSTER OVERLAY
ZONE), having passed first reading, came on for second reading
and adoption.
12 1971
HINUTES #255
October
Page 1
GOLDEN VIEW
SUBDIVISION
1
HEIGHTS
Action
Adopted Ord
77
N
.S
IV
There being no objection, Minutes
were approved as corrected.
BUSINESS OF THE COUNCIL
No
Ellinwood requested the last paragraph on page 6,
II. . . estate have responded negativelv regarding
254
of September
line 5
II
. .
27
1971,
read
It was moved by Sennett to adopt
r.tinutes 254
No.
254
I>1inutes No 0
Page 3, the second paragraph under Tiburon Boulevard
Realignment, line 2 should reflect the name of
Clifford Greene, Division of Highways representative
253
of September 20
,
1971
,
were approved as corrected.
On page 1, under correction of IIinutes #249,
record should show liE llin,.,ood ,.,as absent for
reconvened part of the meeting."
the
the
Ellinwood requested the following corrections
It was moved by Fanning,
Minutes No. 253
seconded by Sennett
,
to approve
No.
253
On motion of Fanning, seconded by Ellinwood, and there being no
objection, the Chair declared tlinutes 252 of September 13, 1971
approved as submitted. Ellinwood requested the name Andy Hahto
on page 1 be correctly spelled.
No.
252
III
APPROVAL OF MINUTES
dayor Rice ,
Becker
Bert Balmer, City Ilanager
Robert L. Kleinert, Ass't City Hanager
Richard L. Breiner, Deputy City Attorney
Richard Arjo, Dir. of Comma Development
Louis V. Brunini, Supt. of Public Works
Hellen K. Hecht, Minute Clerk
PHBSEI~T
ABSEj;JT~
E;~ OFFICIO
COUl:JCILIlEN
COUNCILI illN
II
Ellin\-lood
ROLL CALL
Fanning
,
Sennett
The regular meeting of the City Council, City of Tiburon, State
of California, uas called to order by LIayor Denis IIi. Rice at
7~35 porn., October 12, 1971, in the City Hall Council Chambers
I
CALL
CITY COUHCIL
CI11Y OF TIBURON
TO ORDER
October 12
Page 2
CITY COUNCIL
The City ~lanager reported on action taken to date in regard to
controls for the Richardson Bay path. To a suggestion by Ellin-
wood, the City Manager agreed to check i.nto the possibility of
obtaining the more attractive signs from ni11 Valley rather than
using the county signs. Ellinwood made the following further
suggestions: Bicyclists should be prohibited on Tiburon Boule-
vard; a sign at both ends of the bicycle path directing traffic
down Cove Road at one end and down Glenwood at the other; a
sign reading, liThe lat'1 prohibits parking on State highways"
be placed on Tiburon Boulevard at Rock Hill; barriers at San
Rafael Avenue. After discussion on the last poi.nt, it was the
sense of the council a guard rail should be installed running
ten feet down the path, plus a baffle-type barrier at San Rafael
Avenue.
HINUTES
f~
255
1971
RICHARDSON BAY PATH
PROGRESS REPORT
3
Action:
-..--
It was the sense of the council that th~ proposed postcard did
not include enongh inform~tiono The City Manager suggested send-
ing out a detailed letter with the postcard which would include
information on assessment dist;icts, the cost per year, and the
number of years to be involvedc Sennett suggested Mr. Ted
Defrees be contacted and asked to help prepare the letter because
of his past experience with undergroundtngo After discussion,
the Chair directed the staff prepare for the next agenda a
draft of a letter to be circulated to the neighborhoods explain-
ing undergrounding an~ recom~eI!ding the neighborhood associations
meet and discuss this matter before the citizens complete and
return the postcards to -the cityo The staff was further directed
to prepare a report ~8 to whethe:: the downtown undergrounding by
leap-fragging would cause the city to run the risk of losing
the leverage available in their present undergrounding ordinance
and their franchiseo
Remanded to staff
The Assistant City r-1anager reported Hr. Ste'\vart Hopkins from
Hill Haven had also expressed an interest in their area being
included in the survey.
The City Manager reported to the council in the matter of under-
grounding utilities dnd presented a sam~le postcard to be mailed
to the citizens in the Little Reed Heights community for conduct-
ing a survey on undergrounding. S8nnett stated Mrs. Ann Rice,
who lives in Del ~lar, hnd indicated she would like to participate
in the survey on behalf of her neighborhood.
2.
ill~DERGROUNDING OF UTILITIES
Act:i
on
Remanded to staff
IV
To a question by Mr. ~eter Arnold, the Chair stated the possibility
of Harbor Carriers permitting bicycles on their ferries is being
explored. The new boats arc supposed to have hanging racks for
bicycles.
BUSINESS OF THE COUNCIL
--
AYES:
NOES:
ABSENT
v.
COill\fCILHEN
COUNCILNEN
COUNCILHEN
ITEHS
Ellinwoo(1,
None
Becker
NOT ON THE AGENDA
Fanning
It was moved by Fanning, seconded by Ellinwood,
77 N.So be deemed to have passed second reading
ilotion carried:
,
Rice
,
Sennett
that Ordinance
and be adopted
On motion of Sennett, seconded by Fanning,
ordinance was waived and the ordinance was
reading of the full
read by title onlyo
CITY COUNCIL
l\1INUTES
#255
October 12
Page 3
,
~lr. Paul Broman read a letter into the record addressed to the
City of Tiburon relating to condemnation of the Strawberry Cove
property. The Chair answered the letter, stating the City
has not taken a position it would condemn the property regard-
less of the outcome of annexation because the council recognizes
the fact that if it condemns outside the city limits, it is
going to have to prove in a court of law public necessity and
convenience would require the acquisition; and, further, the city
has a number of parcels of prop~rty within the city limits it
intends to acquire. If annexation fails, they will contribute
in a secondary role with others who have indicated an interest
1971
It was moved by Ellinwood, seconded by Fanning,
nance be deemed to have passed first reading.
On motion of Fanning, seconded by Sennett,
ordinance was waived and the ordinance was
that the ordi-
reading of the full
read by title only.
An ORDINN~CE OF THE CITY OF TIBURON
CONDE~~ATION OF PROPERTY FOR PUBLIC
for introduction and first reading.
REGARDING ACQUISITION AND
PARKING PURPOSES came on
CONDE~~ATION OF STRAWBERRY
COVE .
11
Action
Fanning stated for the record Miss Ellinwood's ad in the Ebb
Tide about annexation was superb.
Ord
passed 1st reading
It was moved by Fanning, second~d by Ellinwood, that the City
Council at this time officially reiterate its intention to
establish a police substation or facility in the Western Penin-
sula area upon successful annexation. Motion carried: All Ayes
The Chair stated in his opinion the misconception in this matter
was caused by the consultant's report, wherein he stated it was
not prudent to have a physical facility in Strawberry. Fanning
stated in his opinion Chief Kreins, the consultant, had been
referring to a large substation.
The City }lanager stated the Independent Journal had incorrectly
reported he had recommended against a police substation in the
West Peninsula area. He stated this was not his recommendation,
and further he would suggest the council make their position
known in this matter
CLARIFICATION
SUBSTATION
Adopted ,motion supporting
substation
4
A recess
8:55 p.m
OF POLICE
was taken at 8:45 p.m.
., the roll standing as
Action
the council reconvening at
originally taken.
,
RECESS
The Chair directed staff take necessary action,
progress report to the next meetingo
and bring back a
Fanning suggested bicycle-type directional signs at various
points be put up, and that overhanging trees and branches on the
path be trimmed back.
Sennett urged Belvedere be contacted in regard to suggested con-
trols and their opinions solicitedo
rlr. Jeff Knight reported the Parks and the Parks and Recreation
Commission had passed a resolution asking the council for permis-
sion to spend budgeted funds for a consultant to provide the city
with a master plan for the development of the Richardson Bay
linear parko
CITY COUNCIL MINUTES
#255
October 12
Page 4
,
The City Manager presented to the council a staff report and the
job description for recruiting ~ police chief for the city.
Ellinwood suggested the job de~cription be more tailored to fit
1971
6
RECRUIT~mNT OF POLICE CHIEF
The Director of Community Development reported on the status of
the Open Space Element Study, and stated a conference will be
held involving the council, various commissions, and other
citizens. By the next council meeting he requested the council's
preferences as far as scheduling and the people to be included in
the conference. He stated he will furnish written information
in this regard to the council by October 15.
Action:
Accepted report
OPEN SPACE ELEI1ENT Action:
ENVIRON~mNTAL POLICY CONFERENCE
& SCHEDULE
5
Received report
t-10tion of Sennett, seconded by Fanning, that the Mayor be
authorized to execute this contract on behalf of the City of
Tiburon, carried: All Ayes.
The City 11anager presented to the council a Joint Powers Agree-
ment in re improvement of real property for public purposes,
to be executed by the Cities of Tiburon and Belvedere. Fanning
requested "Trestle Glen Avenue" be changed to "Trestle Glen" in
the agreement.
9
JOINT POtVERS AGREEHENT
Action
Adopted Agreement
IV.
In response to a suggestion by Ellinwood, the Chair directed the
City Manager communicate with the Tiburon peninsula Club to
obtain permission to go on TPC property for the purpose of
cleaning out the pond 0 The City Manager is to report back at
the next meeting in this regard.
BUSINESS OF THE COUNCIL
Councilman Allan Steinau from Belvedere addressed the council on
the possibility of reactivating the drainage study committee
and requested two members from the council be appointed to the
committee, along with the City Managers from Belvedere and Tibu-
ron. The Chair appointed Becker and Ellinwood to the committee.
DRAINAGE
AYES:
NOES:
ABSENT:
V.
COUNCILI\1EN
COUNCILHEN
COUNCILtJl..EN
ITEHS NOT ON
E 11 in~'lood
None
Becker
THE AGENDA
,
Question was called on the motion the ordinance be deemed to have
passed first reading; and the motion carried:
Fanning,
Rice
,
Sennett
The Chair stated for the record copies of Exhibit A to the ordi-
nance, which is a description of the property, are available at
the council table.
in acquiring Strawberry Cove. He stated the 1967 Master Plan
for Tiburon shows the Cove as open space and low density. Should
annexation succeed, it is the intention of the City Council to
zone that area to the Tiburon Master Plan. The resolution is
being proposed so they will be in a position on October 20th,
before the BCDC has its meeting Oil -the 21st, to file a condemna-
tion suit. The City of Tiburon wants to be in a position to
acquire the land at the least cost to ,the public on a fair basis
CITY COill1CIL
HINUTES
#255
October 12
Page 5
,
The Chair distributed information furnished the council by the
Marin Community College District asking the council support
1971
Proposition A
At the request of Sennett,
back to the next meeting 0
Narin Communit
College District Bonds
the Chair directed this matter brought
Sennett questioned whether the resolution adopted by the City
Council re Tiburon's position on plcns for Tiburon Highway
had been forwarded to the Division of Highwayso The Assistant
City Manager stated the letter had been sent. Sennett urged
Belvedere be notified, through the Mayor, and they be asked to
endorse the position taken by the Ci.ty of Tiburono
Development Tax
Letter to Division of Hiqhways
re Tiburon Boulevard
VI
There being no obj~ctions
approved 0
QUESTIONS
the Chair declared the reports
Fanning complimented the police chief on the complete report
prepared 0
CASH FLOW - August
URBAN DEVELOPHEN'J:'
POLICE REPORT
CITY ENGINEER'S
REPORT
AYES:
NOES:
ABSENT
COUNCII4HEN
COUNCILtIEN
COUNCILBEN
Fanning
None
Be<.:ker
r.1otion of
Claims 86
,
Fanning,
carried
,
EllintV'ood
,
Rice
,
Sennett
seconded by Sennett
,
to adopt Register of
REGISTER OF CLAIMS
The City Manager llas cirected to bring in a report outlining the
guidelines the City Manager would use in granting permission for
special events to be held :i.n the City of Tiburon, and a draft
amending 5~ction 22 of the Zoning Ordrrance to include the
temporary events subject .to permit issued by the City Hanagero
10
PROVISIONS FOR
SPECTAI.
EVENTS
Action:
Remanded to staff
Continued
to
the
next mee'ting
8
RENTAL
The City Manager presented to :he council the staff report
recommending the establishment of a traffic review committee
composed of the City Engineer, Director of Community Develop-
ment and the Polic.;e Chief 0 It '{:las t:he sense of the council the
cornmi ttee should be appointed and 'C.hey should revie\-l requests
for street Eigns, st!:'r::et lightil1g, speed zones and parking areas
but they should bring their findings to the council for final
approval
OF ADDITIONAL CITY HALL SPACE
,
7
TRAFFIC
the City of Tiburon, and recommended the qualifications include
an AA and a background in criminal prevention 0 The City Manager
stated he will mail directly to selected cities the job descrip-
tion, and applica"tions will close November 200
REVIEN
COlli.'lI TTEE
Action:
Remanded to staff
Proposition A. He directed this matter be agendized for the
next meetingo Ellinwood reminded the council they had pre-
viously endorsed the proposition at the prior election 0
Undeveloped Property Density Re-evaluation
The Chair questioned the status of the undeveloped property
density re-evaluationo The Di~ector of Community Development
reported this matter was on the next agenda for the Planning
Commission.
Skyline Ordinance
Ellinwood questioned whether the council could suggest to the
Planning Director the city immediately consider the whole
problem of protecting the hills by initiating an ordinance which
could be called the skyline ordinance which would prohibit
building on the crests of the hillso She further suggested con-
sideration be given to re-structuring the Board of Design Review
and the Board of Adjustmentso
The Chair suggested Ellinwood delineate her thoughts in writing
to the Planning Commissiono
VIIIo EXECUTIVE SESSION
At 11:02 p.m., October 12, 1971, on the order of the Chair, the
City Council recessed into Executive Session to consider the
selection of the City Engineer proposed by the City Managero
IX. ADJOURNf,1ENT
It being now the hour of 11:17 porno, October 12, 1971, and there
being no further business to come before the council, the Chair
declared the meeting adjourned to 6:00 p.rno, Monday, October 18,
19710
G2 I73L
BERT. BAL, , City Clerk.
APPROVED BY THE CITY COm~CIL ON:
'-R' 1971.
----
OF TIBURON
October 12, 1971
CITY COUNCIL MINUTES #255 Page 6
CITY COUNCIL
CITY OF TIBURON
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 Denis T. Rice
at 6:05 P.M., October 18, 1971, in the City Hall Council Chambers.
II. ROLL CALL
PRESENT: COUNCILMEN: Mayor Rice, Fanning, Sennett,
Ellinwood (6:07)
ABSENT: COUNCILHEN: Becker
EX OFFICIO: Robert L. Kleinert, Assistant City Manager
Robert I. Conn, City Attorney
III. BUSINESS OF THE COUNCIL
CONDEf.1NATION OF STRAWBERRY COVE Action: Adopted Ordinance
No. 78. N.S.
An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON REGARDING
ACQUISITION AND CONDEt1NATION OF PROPERTY FOR PUBLIC PARK PURPOSES,
came on for seccnd reading and adoption.
On motion of Fanning, seconded by Sennett, reading of the full
ordinance was waived and the ordinance was read by title only.
It was moved by Fanning, seconded by Sennett that Ordinance No. 78 N.B
be deemed to hav~ passed second reading and be adopted.
The Chair and Councilmen Sennett inquired .of the City Attorney the
amount of time which might be anticipated and \~ould be required
following successful annexation to legally rezone the annexed area.
The City Attorney replied that the territory could be included under
an urgency ordinance requiring a use permit for all future improve-
ments, using the City M~ster PIau for guidance as the standard for
issuance of the Use and Building Pe~its required. An alternative,
according to the City Attorney, would be to actually rezone the
property; if this ~ere deEired, the City planners quidance and
assistance would be necessary.
v. ITEI1S NOT ON THE AGENDA
_.-
The Chair presented to the Council a resolution to be sent to the
State Senate Elections & Reapportionment Committee which stated
the City Council of the City of Tiburon opposed the gerrymandering
of State Senatorial Districts in Marin County and the Tiburon
Peninsula.
Motion of Fanning, seconded by Sennett, to adopt Resolution No. 397,
carried: '}..J,;L A:":;~.
: "
.
It was suggested that consideration be given to obtaining photographs
of the Mayors of the City of Tiburon for official display in the
Tiburon City Hall.
The Ass't. City Manager questioned the Council as to their desire to
support the two propositions concerning the forthcoming Marin
Community College District Bonds election.
A motion by Ellinwood, seconded by Sennett that the Tiburon City
Council endorses ::roposition A only in regard to the Marin Community
College District Bonds election p~oposa1.
October 18, 1971
CITY COUNCIL MINUTES #256 Page 1
Ellinwood asked the Council to endorse and support the Third Annual
Veterans Day celebration scheduled for Monday October 25, 1971,
at the Corinthian Club. Council unanimously approved this request.
V. ADJOURNHENT
It being now the hour of 6:30 P.M. and there being no further business
to come before the Council, the Chair declared the meeting adjourned
to Tuesday, October 26, 1971.
U:~L
BER'I' BALI.,tER, C1ty Clerk/Manager
APPROVED BY THE CITY COUNCIL ON:
"--7?_ (:/71-
..
----.
MAY IBURON
October 18, 1971
CITY COUNCIL MINUTES #256 Page 2.
CITY COUNCIL
l-lINUTES
#257
October 26,
Page 1
1971
Sennett questioned whether the Director of Comm',nity Development
was satisfied the applicants now meet the requir3ffients for PD
o
+J
.
+J+J
!:: U
Q) Q)
S 01'1
0..0
o ~
r-IAl
Q)
~ m
Q)+J
o OM
~
:>tm
+Jr-I
OM OM
!::::r:
~
~~
O+J
U
4-l
4-l 0
o
00
~ ~
O+J
+J m
U+J
Q) 00
~
OM +J
Q !::
Q)
Q) 00
..c Q)
+J ~
0..
ro
Q)ro
N !::
OM m
!::
tJ'l+J
o 00
U m
Q) 0..
~
Q)
H..c
OM +J
m
..c ~
u Q)
OM
Q) ~
..c Q)
E-i H
Peter
Mr. Ellis Kaplan and Mr/GordonA(~V~~ of Kaplan and McLaughlin,
architects, presented a graphic presentation whlch included the
site plan, models and landscaping plans. He stated 70 percent oj
the site will be left in open space and that 500 trees will be
planted. They have engaged Harding, Miller and Lawson assail
consultants. He explained the community building is located in
the open space area as the tentative plans are to have this as a
community building for the use of the residents of the entire
Tiburon Peninsula.
Shaffran
14r. MortAtdW~aW, consultant for the project, addressed himself
to the question of time priorities, and stated they hoped to have
final approval in Novembe~ in order that construction may begin
in the dry season. He stated the project contcins five additional
one-bedroom units, five additional two-bedroom units, and ten less
three-bedroom units than shown in the additional presentation.
He stated as a Section 236 project this project has already
received from HUD a seed-money loan, which has been approved in
the amount of $50,000, to TEA.
Mr. Wallac3 Shepard,
ority, explained the
of Hilarita.
Directo~ of the Marin County Housing Auth-
plans for relocating the present residents
Mr. Jackson C. Stromberg, attorney, stated the ordinances govern-
ing this matter are clear in stating that when a preci~e plan
is before the council for h~arin9, the issue is whether or not
the precise pln~ is in confo~~mance with the Master Plan.
Mr. Ned Weed, president of the Tiburon Ecumenical Association,
introduced the project and stated it is their in~cnticn to
present the proof that they have complied with the r~quirements
of the precise plan ordin:lns3 in acco:Ldance ,,,ith the findings
of Ordinance 51 N.S.
The City Council
approval for the
receiTJed
Hilarita
thl1 application for PD ::?reci.~e Plan
N~derate-Income Hctlsin,g Projc~t.
PD PRECISE PLAN APPROVAL
HlLARiTA HOUSING PROJECT
Action:
conti.n.1.led
to Nov
.
8
IV.
PUS!.NESS OF THE COUNCIL
Approval of
Uinutes 255 an
.1
256
\'I7a9 continued
III
.
PRESENT:
ABSENT:
EX OFFICIO:
COUNCILNEN
COUNCILMEN
.
.
.
.
E.l.linwood, Fanning,
B!-.:;c;k9r, Rica
BCL'"C Balm~r, City Manager
R.-:bert L. Kleine-::t, ASD' t City Manager
R,,:-:.hert I. Con~~1, City A f,:,t.ornc:,?
Richard Arjo, Dir. of Carom. Dovelopment
Loni.s V. Brunini, Supt. of l'u.blic t'lorks
H~llcn K. Hec:-.it, r-!inut8 Clerk
~~PROVAL OF MINUTES
!::
m
r-I
Q)Al
..c :>t
+JQ)+J
00 OM
H.M U
Q) U
..cQ)Q)
+J~..c
Q)P-!+J
..c
~Cl4-l
AloM
o
+J Q) ...
..coo
OO+JQ)
m >t
+J
>tmro
Q) Q)
!:: ro OM
J...IQ)r-I
0000..
+JOOQ)
+J~~
r:::x:: U
OO>t
>toM Q)
+Jro!::
OM ~
UQ)O
..o+J
Q) +J
..croF:J::
+Jr-I
~>t
roO+J
Q) U OM .
!:: uro
o >t Q)
OM +J Q) H
+J OM ..c OM
OOOO+JOO
Q)!:: Q)
~Q)roro
tJ1 ro !::
m 0
H 4-l 00
OM 0 ...
m tJ'l r-I
..c H !:: OM
U Q) OM U
+JH!::
Q)+Jm~
..cmQ)O
E-iS..cU
Sennett
IJ:
The regular meeting of the City Council, City of Tiburon, State
of California, was called to order by Mayor Pro Tern Anne Ellinwoo
at 7:40 p.m., Octob0r 26, 19'71, in the City Hall Council Chambers
ROLL CArlL
I
CALL TO ORDER
CITY COUNCIL
CITY OF TIBUnON
CITY COUNCIL MINUTES
#257
October 26
Page 2
,
The Chair stated the questions of design and soils engineers' reports
and other matters pertaining to precise plan approval have not been
discussed and should be gone into.
1971
~lr. Jerry Coles spoke for the project and stated the opponents
had two years in which to conduct indeEend~nt studies. He urged
approval of the precise plan. Up to thlS tlme, the opponenes nave
been unable to respond as they have not.
l4r. Littman questioned the desirability of putting over 500 b~entbrlVY
people on eight acres, which is contrary to the PO zone and to 0 e d
the Tiburon General Plan. He gave the history of the project propos~
and the action taken. He objected to the fact that notices weref.cos of
not sent out to indicate this matter would be discussed by the t~gures
Planning Commission on October 4, 1971. pr~ject.
ltr. Herbert Wenig referred to the petition before the council and
spoke against multiple dwellings on this site. He urged there
be an independent analysis of the precise plan made to determine
if there isn't some better way to provide moderate- and low-income
housing on this site. If multiple housing is approved, he urged
an independent analysis be made to show the need for 112 units.
In response to a question by Ellinwood, the City Attorney stated
discussion is not limited in this matter and it is up to the
Chair to rule on what can be discussed.
11r. Shepard stated they are not intending to replace one ghetto
with another, but they are constructing housing for moderate
income people. They have a firm c0mmitment of 24 low-income
units for families presently living in Hilarita, but the remainder
will be moderate-income units.
In response to questions about economic feasibility, Mr. Weed
stated elaborate data has been presented to both the Planning
Commission and the City Council to prove the financial feasibility
necessitating 112 units.
~~. Allan Littman spoke against the density and stated when the
master plan was approved, it was clearly understood that the matter
of density would be gone into again at the precise plan stage.
It was moved by Fanning that this matter be referred to the Lands
and Development Committe~ to work with the Ecumenical Association
until they get the necessary figures and come in with a project
the council can accept and pass according to the details specified
by the council. The motion died for lack of a second.
Fanning stated 56 units were originally approved for the site,
and the only reason 112 were approved was based on a feasibility
study, which study has never been submitted to the council; so
the question of density is still very much an issue. In his
opinion the eight points in Ordinance 51 cannot be complied
with. He referred to the soils report prepared by the soils
consultants which, in his opinion, show the whole area as unbuild-
able.
The Chair stated reference is made to the problem of soil and
recompacting it in one area. I~. Weed responded because of
this there is a time problem in tLat the soils engineer recommended
this work be done during the summer months.
Precise Plan approval. The Director stated the actual construc-
tion drawings, the pathways and the actual detail should be
reviewed. The area that needs work is in the engineering depart-
ment, which were conditions in the Planning Commission's approval
and should have city review
CITY COUNCIL MINUTES
#257
October 26
Page 3
,
There being no objections, with unanimous consent the following
changes were made to the ordinance:
1971
To a question by Sennett, Mr. Hoffmire stated they will be under-
grounding the utilities, and they are negotiating with PG&E
in regard to undergrounding existing utilities~ lines.
Mr
An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ADOPTING
A PO HASTER PLAN FOR PROPERTY ON MARINERO CIRCLE came on for intro-
duction and first reading.
John Hoffmire spoke to the application
PD MASTER PLAN
APARTHENTS
2
AYES:
NOES:
ABSENT
HOFFNIRE
COUNCILNEN
COUNCILMEN
COUNCILMEN
.
.
.
.
Action
Ellinwood, Fanning
None
Becker, Rice
Continued to Nov
8
,
Sennett
~lotion carried
It was moved by Fanning, seconded by Sennett, to adopt Resolution
No. 398, A RESOLUTION OF THE CITY OF TIBURON EXPRESSING APPRECIA-
TION TO THE CITIZENS OF THE UNINCORPORATED AREAS OF THE tiESTERN
SIDE OF THE TIBURON PENINSULA FOR THEIR EFFORTS TO ACHIEVE ANNEXA-
TION TO THE CITY OF TIBURON.
Mr. Donald Rosenberg requested consideration be given to a
marked pedestrian crosswalk across Tiburon Boulevard at San
Rafael Avenue.
v
ITEMS NOT ON THE AGENDA
The Chair directed the matter continued to November 8.
The Chair stated this matter should be continued until a full
council is present. At the next meeting the matters of parking,
soils report, and design should be discussed. She requested
Hr. t'leed furnish an analysis of the HUD funding question and
Mr. Schaffron mail to Messrs. Wenig and Littman, and to each
member of the council, copies of the feasibility study.
In response to comments from the audience, Mr. Schaffron reported
r1ayor Rice had stated an outside study had been conducted by
experts and they were unable to find any fault with the figures
presented. He stated with respect to the feasibility of the
project and whether or not it serves a public purpose, the appli-
cation is being reviewed by the Department of HUD, who are charged
to look after the public interests.
Mr. Robert Hayes spoke on the matter and requested an independent
feasibility study be conducted. Mrs. Barbara Macgowan, a resident
of Rolling Hills, questioned why the neighbors were not concerned
over density in Red Hill and urged approval of the project. Mr.
Ernest Thayer, representing the El Marinero Property Owners Asso-
ciation, indicated their concern for the high density. Mr. Peter
Watson stated in his opinion 112 units was the number the con-
sultant felt was economically feasible. He reported on the meet-
ings held by the association on Saturday mornings and invited
interested persons to attend.
A recess was taken at 9:30 p.m., the council
p.m., the roll standing as originally taken.
RECESS
reconvening at 9
.
.
45
Line 2 of Section 1.1 should read: It as shown,
.
except that not more than 36 units II
.
Section l.a. should be changed to read: tfa. Adequate
provision be made that the area designated as green belt
be landscaped and maintained as permanent open space."
Sections b., c., and d., be renumbered, b. to c., c. to d.,
and d. to e.; and the following inserted as b.: "b. The
provisions for maintenance of the open space shall be
included in the Precise Plan."
Section f. to be added as follows: "f. That access to
the abutting property now commonly known as the Bodian
property shall be provided. II
Sennett requested in referring to the Master Plan, the plan pre-
sented this evening should be marked as an exhibit and the exhibit
number referred to in the ordinance. Further, that the area known
as green belt be so delineated on the exhibit.
The Chair directed the matter continued to the next meeting.
11. BELVEDERE/TIBURON Action: Report accepted
RECYCLING DEPOT REPORT
Belvedere/Tiburon Committee for the Environment Status
Report - Recycling Depot - dated October 12, 1971, Al Aramburu
A Recycling Collection Service for Belvedere and Tiburon
Neill Smith - no date.
-- --- -- 1:7-"";1-"- ""'.. ....u.... ~"~.L.L.L .;Jlll.L' 11 t:X.Il~DJ. 't:
and charge the committee, along with the City r4anager~' of Tiburon
and, hopefully with the consent of the City Manager of Belvedere,
to investigate the implementation of these recommendations with the
Mill Valley Refuse Company.
To a question by the Chair, Mr. Aramburu.responded if it is not
possible to negotiate with Mill Valley Refuse along the lines
suggested, then the recycling depot can continue, but it will
need funding.
Question was called, and the motion of Sennett carried:
AYES: COUNCILNEN: Ellinwood, Fanning, Sennett
NOES: COUNCILl1EN: None
ABSENT: COUNCILr.mN: Becker, Rice
5 UNDERGROUNDING OF UTILITIES Action: Report accepted
The council received the report of the City Manager on underqround-
ing of utilities, along with a draft of the proposed letter to be
mailed to the presidents of the property owner associations.
Sennett recommended the letter indicate what resources are
available for additional information and that the associations
be asked to get signatures of persons favoring undergroundinq.
He further suggested in paragraph 3, the sentence pertaining
to the additional estimated $300 cost be a separate paragraph.
Fanning suggested it be pointed out the residents can pay cash and
avoid paying the 25 percent.
Mr. John Hoffmire urged the council attempt to go to PG&E offi-
cials in an attempt to get them to change their cost formulas
for helping cities to improve the beauty of the countryside.
October 26, 1971
CITY COUNCIL MINUTES #257 Page 4
The Chair directed the letter to go over the Mayor's signature,
with the suggested changes, and to be sent to the property owner
associations.
4. PROPERTY DEVELOP~1ENT Action: Continued to November 8
TAX ORDINANCE
An ordinance entitled M~ ORDINANCE OF THE CITY OF TIBURON ADDING
CHAPTER 7B TO THE TIBURON CITY COJE, PROVIDING FOR THE I~~OSITION
OF A PROPERTY DEVELOp~mNT TAX, came on for introduction and first
reading.
Fanning requested reference to mobile home parking at the top of
page 3 of the ordinance be deleted; and Gtated in his opinion
Section 7B-8 is redundant as payment is required prior to commenc-
ing construction.
Sennett stated if it is the intent to exclude a project such as
Hilarita, he would suggest Paragraph 7B-S C be redrafted to be
more precisely directed towards developments which are sponsored,
owned and maintained by non-profit corporations where there is a
fixed rental provision provided by law.
The Chair suggested the possibility of including a graduated
scale.
The Chair directed the ordinance to staff to be redrafted, to be
brought back on November 8. Sennett requested stricken language
be shown as stricken in the draft.
6. OPEN SPACE ELE~mNT AND Action: Report accepted
ENVIRONMENTAL QUALITY CONFERENCE
The Director of Community Development presented his report on
the Open Space Element and Environmental Quality Conference,
with the conference dates tentatively set for November 12 and
13. He stated the invitee list will include all present council-
men, commissioners, home owner groups, and others who have been
identified, with a maximum of 50 people to be invited. Mr. Wayne
l-1oody, the former Planning Director of Tiburon, has been invited.
The Chair submitted to the council the following names of persons
l1ayor Rice would like to be appointed to the Open Space Committee:
Mr. E. Bruce Ross, Dr. George Ellman, former Mayor Gordon Strawbridge,
former Parks Commissioner Mrs. Polly Smith, and Mr. Rampton Harvey.
Motion of Sennett, seconded by Fanning, to confirm the Mayor's
appointments, carried: All Ayes.
With the approval of council, the Chair directed the Director's
report, with the conference dates of November 12 and 13, accepted.
7. HORSE PATH - Action: Report accepted
RULES AND REGULATIONS
The council received the report of the City llanager on the horse
path. He stated he has written Belvedere for their comments
concerning desirable rules and regulations for the path.
It was the sense of the council to accept the report, and that
no action should be taken in this matter until Belvedere responds
to the City Manager's letter.
October 26, 1971
CITY COUNCIL r'1:~NUTES #257 Page 5
8. RICHARDSON BAY BIKE TRAIL Action Report accepted
PROGRESS REPORT
The council received the progress report of the City Manager on
the Richardson Bay Bike Trail. He stated the San Rafael Avenue
area is still a problem, and asked the council's permission to
construct a 12-foot asphalt curb at the edge of the street on
both sides of the trail.
The Chair reviewed a list of suggestions she prepared, and ques-
tioned whether cyclists should be directed to the Greenwood Beach
Road because of its narrow width. She further suggested a con-
crete overpass at Pine Terrace. The City Hanager suggested
lights be considered rather than an overpass.
Fanning reported Mr. Zimmerman, assistant director of HEW, had
indicated to him Tiburon should file an application to their
department for Federal funding of the crossings. Staff agreed
to check into this.
Sennett urged the city put pressure on the Division of Highways
to improve the safety standards on Tiburon Boulevard.
The Chair stated if the costs of the safety devices are not in
the specs for the bid opening tomorrow, the staff should immedi-
ately go to the County Director of Public Works so that the
successful bidder has an immediate change order to factor in
these costs.
The Chair further suggested starting an educational program in
the schools on bicycle safety.
The Chair directed staff to proceed in this matter, to come back
at the next meeting with a progress report.
9. REVISED COMMUNICATION PROCEDURES Action: Report accepted
There being no objection, the Chair directed the revised communi-
cation procedures between council, staff, commissions and the
public approved.
10. RENTAL OF ADDITIONAL CITY HALL SPACE
The Chair directed this matter continued to November 8.
V. ITEMS NOT ON THE AGENDA
CANVASSING OF ELECTION RETURNS - tVEST PENINSULA
ANNEXATION NOS. 1 AND 2
The City Manager presented to the council the final tabulations
of each annexation proposition as follows:
West Peninsula Annexation No.1, consisting of all that
territory southerly of Tiburon Boulevard, familiarly
known as the Strawberry Peninsula, westerly to Highway 101:
Total number of votes cast in Area No. 1 was 772, with
300 voting yes and 472 voting no. Total registered voters
in this area was 1,279.
West Peninsula Annexation No. 2, consisting of neighborhoods
and acreage northerly of Tiburon Boulevard, familiarly known
as Bel Aire, Eagle Rock, Bay View Heights, and various
undeveloped parcels; also the Pelican Hills and Tiburon
Hill Estates apartment complexes: Total number of votes
cast in Area No. 2 was 441, with 155 voting yes and 286
voting no. Total registered voters in this area was 689.
October 26, 1971
CITY COUNCIL HINUTES #257 Page 6
It was moved by Sennett, seconded by Fanning, to adopt the official
canvassing of the election returns. Motion carried:
AYES: COUNCILIvlEN: Ellinwood, Fanning, Sennett
NOES: COUNCILNEN: None
ABSENT: COUNCILI.1EN : Becker, Rice
A ointment to Planning Commission
The Chair announced the nomination by Mayor Rice of Mr. Robert
Wayne for the vacancy on the Planning Commission. Hotion of
Fanning, seconded by Sennett, to approve the Mayor1s recommenda-
tion of Hr. Robert t^layne, carried:
AYES: COUNCILMEN: Ellinwood, Fanning, Sennett
NOES: COUNCIL~mN : None
ABSENT: COUNCILNEN: Becker, Rice
The Chair announced Mr. Wayne is taking the place of Mr. Wren.
She asked the minutes to reflect the council's gratitude for
~'ir. t"lren' s four years of service on the Commission I and their
good wishes to Mr. Wayne.
l40-Unit Development
To a question by Fanning about the status of the l40-unit develop-
ment adjacent to the city, the City Manager stated these plans
have not been submitted for any approval or city action, but the
prospective purchasers of the land had merely requested an informal
review of the plans.
CCPC Attendance
The Chair requested the Director of Community Development ask
the Planning Commission to appoint a delegate to attend the
City-Council Planning Council meetings.
Parks and Recreation Commission Vacancy
The Chair requested the press advertise the two vacancies on the
Parks and Recreation Commission. The City is interested in
receiving applications from interested persons.
VII. ADJOURNN1ENT
It being now the hour of 12:32 a.m., October 27, 1971, and there
being no further business to corne before the council, the Chair
declared the meeting adjourned sine die.
C( 1 ?L
BERT BAL , :ity Clerk
APPROVED BY THE CITY COUNCIL ON:
V71.
-
~J
;Y OF TIBURON
October 26, 1971
CITY COUNCIL MINUTES #257 Page 7
CITY COUNTIL MINUTES
In response to a question by Sennett, ~1r. Mort Schaffron stated
the application for mortgage insurance dated November 16, 1970, has
been amended to include the five additional one-bedroom units, five
additional two-bedroom units, and ten less three-bedroom units.
Federal Housing Act Section 236
Sennett referred to other~236 projects in the Bay area which have
rental figures in excess of the rental figures projected for
Hilarita. He questioned whether it would be feasible to increase
the average rental for Hi1arita by 10 percent and therefore permit
the density to be reduced. Mr. Schaffron responded the rents which
are reflected in the feasibility application are as high as they
can go to meet Section 236. 'j;")e higher figures quoted by Sennett
were market rents, not Section 2:6 basic rents, which the occupant
pays. The difference between the basic rents and the market rents
is the subsidy of interest paid by HUD as part of the 236 program.
#258
November 8,
Page 1
1971
Sennett referred to receipt of a letter from the Attorney for the
Tiburon Ecumenical Housing Association in which it was suggested the
matter of density has been determined by the approval of the Master
Plan. He reminded the council of the City Attorney's ruling at
the last meeting that h~c;~.~J.~e' of the language in the approval of
the~,ral Plan, the matter legally remained open.
s er
The Chair opened the hearing on the application of PD Precise Plan
approval of the Hi1arita Housing Project, which is being continued
from October 26, council level.
PD PRECISE PLAN APPROVAL
HILARITA HOUSING PROJECT
1.
Action
.
.
Adopted
Res.
399
v.
On motion of Fanning, seconded by Sennett, reading of
October 11, 1971, and Minutes 256 of October 18, 1971,
and the Chair directed the minutes adopted.
BUSINESS OF THE COUNCIL
Minutes 255 of
was waived
IV
APPROVAL OF
Rert Balmer, Ci ty "1anager
Robert L. Kleinert, Ass't. City Manager
Richard L. Breiner, Deputy City Attroney
Richard Arjo, Dir. of Comma Development
Louis V. Brunini, Supt. of Public Norks
Hellen K. Hecht, Minute Clerk
MINUTES
EX OPFICIO:
ABSENT:
COUNCILMEN
None
Mayor Rice,
Ellinwood
The regular meeting of the City Council, City of Tiburon, State of
California, was called to order by Mayor Denis T Rice-#-at -8:.00 p.m..L
,November ~~ ~~.~ ll-#-.in the .
III.
------
PRESENT
.
.
COUNCIL::EN
.
.
Fanning,
Sennett,
Becker,
II
At 7:35 p.m., November 8, 1971, r1ayor Denis T. Rice called to order
an Executive Session of the City Council in the City Hall Council
Chambers, Tiburon, California. At 8:00 p.m., the Executive Session
was adjourned until the close of the regular meeting scheduled
for 8:00 p.m.
CALL TO ORDER
I
EXECUTIVE
CITY COUNCIL
CITY OF TIBURON
SESSION
,.
#258
. ," .
t. .
-
November 8 I
Page"~2~
1971
. -l ...
. .....
CITY COUNCIL MINUTES
Sennett questioned who whould be eligible to do the consulting
work and what it would cost. Rice stated from his preliminary
checking it would take abOut, a week and would cost'iri the neighbor-
hood 0 f $ 500 . . ;" . ~.. ,.. .
In response to a question by Becker, the Deputy City Attorney stated
the council is the final arbitrator as to whether it will or will
not approve the Precise Plan. It can take action to amend the
Master Plan and there is no time limit on its approval.
Ellinwood gave the history~" of the Hilarita project and stated
Hilarita has been more closely reviewed than any other project for
multi-family housing on the peninsula simply because it is in the
PO zone.
It was moved by Fanning that the council consider retaining a con-
sultant of its own to assess in this matter and analyze the material
and advise the council independently. The Chair seconded the motion
on the basis that in his opinion the council does not have the kind
of information necessary to prove the mixture of 4-, 3-, 2- and 1-
bedroom units is the only feasible mix
Fanning reminded the council the original ~roject was to be for
senior citizens. He questioned the impact on the school district
the project would have. He stated Tiburon Sanitary District No. 5
is charging the Association $400 a unit for connection fees. He
urged the council use its influence on the District to try to qet
the connection fees reallocated so they are given credit for the 112
units which were disconnected, and for which fees have already been
paid.
Becker commended the .~oject as to its architectural and design
merits.
In regard to offsite drainage, Mr. Weed stated
funds in their budget for the drainage problem
included in any assessment project.
,
they have allowed
and they will he
In response to a question about covered parking, Mr. Schaffron
s~ated this would greatly increase the cost. In response to a
question about the community building, he stated it does protrude
into the open space area, and is eligible for HUD funding_
Ellinwood questioned the exterior of the buildings being resawn
plywood. Mr. Kaplan furnished pictures of this material and reported
on its attractiveness and durability.
In regard to the 30-foot height limit, the Director of Community
Development advised if you measure from the lowest ground level to
the highest point of the building in elevation, as the buildings
are terraced on a hillside, it would exceed a distance of 30 feet.
If you separate the buildings and measure the point of grade to the
highest point at each level of terracing, the height is no more
than 20 feet. .
In response to a question by Sennett, Mr. Ellis Kaplan, Architect,
reviewed the proposed parking and stated they will be shieldin~
the parking on the hillside with trees. Their plans propose the
planting of 500 trees, as well as saving most of the existing trees.
A number of storage areas are proposed for items such as bicycles
and garbage cans.
Fanning questioned the discrepancy in the figures used by the
consultant to increase the density and the figures in the
application for project mortgage insurance. He stated the figures
for demolition and slide correction do not appear in the application.
Mr. Schaffron responded the discrepancy is due to the builder's fees
not being included and that the total cost of the project is actually
slightly lower now than shown in the initial feasibility study.
November 8,
Page 3
CITY COUNCIL MINUTES
The resolved paragraph should read, "this council
does hereby adopt the PD Precise Plans. ."
#258
1971
The title should be corrected to read A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TIBURON ADOPTING
A PD PRECISE PLAN FOR l12-UNIT MODERATE-INCOME
HOUSING PROJECT FOR THE AREA KNOtm AS HILARITA IN
THE PD ZONE.
With the approval of the council,
ing Changes to the resolution:
the City Attorney made the follow-
The Chair expressed his disappointment the council chose not to
hire a private consultant but stated he would support the motion.
Fanning Questioned drainage into the Belvedere Lagoon and road
improvements, and urged the motion be withdrawn so that the
community can get facts and figures from an independent consultant
.
Mr. Wallace Shepard, Director of the Marin County Housing Authority,
advised the Housing Authority Board has passfi~ a resolution that ~see
they will take no more than 20 percent of the1~ousing,/\ which they (r..Hac_heel
have offered to the Ci ty of Tiburon for open space. He stated a..ddj' ftlDn
Hilarita is not presently on the tax roles, but the new project
will pay taxes in the appropriate amount of $30,600 on 112 units.
To a statement by Mr. Berg about the school district not having
been contacted, Mr. Martin Mackey stated the School District has
been contacted and in a letter dated April 13, 1970, advised they
could accept the population proposed by the Hilarita project
Planning Commissioner Allan Thompson, Mr. Al Aramburu, Chairman
of the Belvedere-Tiburon Committee for the Envor~ent; Mr. George
Banning, Chairman of the Belvedere Planning C6mmission; Mr. Dick
McAfee, Belvedere delegate to the Tiburon Housing Subcommittee:
and Planning Commissioner Jacqueline Parnell spoke in support
of the project.
Mr. Herbert Wenig urged the council get expert advice to check the
figures presented. Mr. Rampton Harvey spoke for a project of this
nature, but-objected to the high density.
Mr. Allan Littman addressed himself to questions of density, the
effect on the school district, and thefact this was to he a project
for elderly citizens. He urged Fanning's motion be reconsidered.
It was moved by Becker, seconded by Ellinwood,
399 approving the PD Precise Plan
to adopt Resolution
AYES:
NOES:
ABSENT:
co UNCI Lr,mN
CO UNCI Lf-1EN
COUNCILHEN
.
.
.
.
.
Fanning, Rice
Becker, Ellinwood
None
,
Sennett
Question
Fanning amended the motion to include the study should be completed
by the next meeting.
''1as called,
and the motion failed:
Planning Commissioner Allan Thompson stated in a R-3 zone density
cannot be increased over the zoning ordinance because of a
feasibility stydy, but in a PD zone this is not applicable.
Planning Commissioner Peter Macgowan stated he cannot recall
the city ever requiring a feasibility study on a multiple applica-
tion. Fanning reminded the council the Hilarita area was sinqle-
family zoning on the Master Plan and was changed to PD at the
request of the Planning Commission.
Ellinwood questioned whether a feasibility study has ever been
required for any multiple project. Mr. Allan Littman, as former
chairman of the Planning Commission, stated the Planning
Commission has never accepted any application requesting a
specific density on the basis of economic feasibility.
The second condition should include at the
end, "by the City Engineer."
The following should be added to Condition 5,
after regulation, .. including provisions
. . .
for amendments."
Question was called on the motion, as amended, and the motion carried;
AYES: COUNCIL.fi.1EN: Becker, Ellinwood, Rice, Sennett
NOES: COUNCILMEN: Fanning
ABSENT: COUNCILMEN: None
RECESS
A recess was taken at 11:00 p.m., the council reconvening at
11:10 p.m., the roll standing as originally taken.
2 PD MASTER PLAN - HOFFMIRE APARTK~NTS
Continued to November 15th.
3. PROPERTY DEVELOPMENT TAX
Continued to November 15th.
4. PARADISE DRIVE NALKWAY PRESENTATION Action: Remanded to Lands
& Development
Committee
Mr. David Heldt of Brown/Heldt Associates, consultants, presented
a visual analysis of the proposed design for the Paradise Drive
walkway. He presented the council with written figures showing
the costs for Phase I and Phase II, with and without the alternates.
He stated the figures do not include land acquisition costs, legal
fees or surveys.
Dr. Frank Hinman, representing the property owners in the area,
spoke against the walkway in that there is no expression of
need and the project is an invasion of privacy. He furnished the
council with petitions signed by the residents in the area opposing
the walkway.
Mr. Kurt Usher, representing a group of tenants in the area, urged
further development be curtailed as it would adversely affect the
whole character of the area.
Mr. Frank Chapman spoke for the proposal in that there is a definite
need. He recommended an elevated boardwalk on the uphill side.
The Chair remanded this matter to the Lands and Development Committee,
to be brought back in four weeks with their recommendations.
Ellinwood complimented Mr. Heldt on the fine presentation made to
the council.
S. PROPOSALS AND SUGGESTED PRIORITIES FOR
ACTION: AND ESTABLISHr-mNT OF CERTAIN PROCEDURES
Continued to November 15th.
6 RENTAL OF ADDITIONAL CITY HALL SPACE
Continued to November 15th.
CITY COUNCIL MINUTES #259 November 8, 1971
Page 4.
7. CITY OF TIBURON ORDINANCE RESCINDING
ORDINANCE #78 N.S. (Strawberry Cove Condemnation)
Continued to November 15th.
8. DESIGN REVIEN AND INTERIr.1 ORDINANCE
EXTENSION REQUEST
Continued to December 13th.
10. STAFF REPORTS
Continued to November 15th.
VI. EXECUTIVE SESSION
At 12:26 a.m., on the order of the Chair, the council recessed into
Executive Session.
VII. ADJOURN1.1ENT
It being the hour of 12:35 a.m., November 9, 1971, the Chair declared
the meeting adjourned to r1onday, November 15, 1971.
BERT ~~. L
Clerk/r1anager
APPROVED BY THE CITY COUNCIL ON:
fJ ' 1971
.
"-
I BURON
CITY COUNCIL MINUTES #258 November 8, 1971
Page 5.
CITY COUNCIL
r.u:NUTES
#259
November 15,
Page 1
Ayes:
Noes:
Absent:
Councilmen
Councilmen
Councilmen
.
.
.
.
.
.
Ellinwood, Sennett,
None
Rice, Becker
1971
Motion of Fanning, seconded by Ellinwood, that
be deemed to have passed 1st reading, carried:
Fanning
On motion of Fanning, seconded by Sennett
objections, reading of the full ordinance
ordinance was read by title only.
the Ordinance
and there being no
was waived and the
,
An Ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON
RECINDING ORDINANCE NO. 78 N.S. (STRAT"lBERRY COVE CONDEMNATION)
came on for introduction and 1st reading.
THE CITY OF TIBURON ORDINANCE RECINDING
178 N.S. (STRANBERRY COVE CONDEr4NATION).
1.
ORDINANCE
BUSINESS OF THE COUNCIL
There being no further corrections, the Chair directed minutes #257
of October 26, 1971, approved as corrected.
Ellinwood indicated on page 1, paragraph 5,
"Mr. Peter Gordon" not "Wright".
6.
should read
Fanning requested inclusion of his reply to Mr. Gerry Coles
statement on page 2 of the minutes that "up to this time,
the oppdJlents have been unable to respond as they have not
been privy to the proposed cost figures of the project".
s.
Ellinwood requested to identify title and dates of the
Ecology Committee report and Exhibit from Neill Smith.
4
"an"
-
3.
Ellinwood also pointed out Schaffran is spelled
Ellinwood requested insertion in the opening remarks of
"the Chair questioned the City Attorney as to whether the
matter of density could be discussed at the PO Precise Plan
hearing, and the City Attorney replied yes, if the City
Council so desired."
not
"on".
2
Ellinwood requested insertion at the opening of the
discussion on Hilarita the "Chair recognized the Director
of Community Development to review the past and present
status of the Hilarita Project."
1
It was moved to adopt f.1inutes #257. The following revisions were
requested in City Council Minutes #257, Item 1. P.D. Precise Plan
Approval - Hilarita Housing Project:
APPROVAL OF
MINUTES
Bert Balmer, City Uanager
Robert L. Kleinert, Ass't. City Manaqer
Richard Breiner, Deputy City Attorney
Richard Arjo, Dir. of Community Dev.
Louis V. Brunini, Supt. of Public Works
EX OFFICIO
ABSENT
Councilmen:
Rice
PRESENT
The adjourned meeting of the City Council, City of Tiburon,
of California, was called to order by Councilman Sennett at
P.M., November 15, 1971, in the City Hall Council Chambers.
Councilman:
Ellinwood,
Sennett,
Fanning,
Becker
State
7:43
(7:
55)
CALL
TO ORDER
CITY COUNCIL MINUTES
ADJOURNED MEETING
\,
(7:55 p.m., Councilman Becker arrived and assumed Chairmanship
of the meeting).
2. CONSIDERATION OF ADOPTING A PD MASTER PLAN
FOR PROPERTY ON HARINERO CIRCLE.
An Ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON
ADOPTING A PD MASTER PLAN FOR PROPERTY ON MARINERO CIRCLE
came on for introduction and 1st ,reading. The Director of
Community Development reviewed the proposed location, siting
and green belt areas of the development.
Sennett questioned whether all of the proposed conditions pertain
both to the maximum and minimum number of units being proposed.
The Director of Community Development indicated they do apply
and the requirements of the project is much more definite with
conditions concerning the maximum number of units. Sennett
questioned Hoffmire if he would be willing to accept all of the
proposed conditions for 32 units and Mr. Hoffmire concurred.
Ellinwood requested including the date and exhibit "A" in the
first paragraph of the ordinance. Becker asked that a metes and
bounds description be included.
The Bodians indicated there is presently a floating easement
on the property, and they would request to have the access be
earmarked. Mr. Coleman, Architect for the developer, requested
the word "landscape" be deleted from Item 2 and the Council agreed.
On Motion of Sennett, and there being no objection, the reading
of the full ordinance was waived and the ordinance was read by
title only.
Motion of Sennett, seconded by Fanning that the ordinance be deemed
to have passed 1st reading, carried:
Ayes: Councilmen: Ellinwood, Sennett, Fanning, Becker
Noes: Councilmen: None
Absent: Councilmen: Rice
3. CONSIDERATION OF A PROPERTY DEVELOpr1ENT TAX
An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ADDING
CHAPTER 7B TO THE TIBURON CITY CODE, PROVIDING FOR THE IMPOSITION
OF A PROPERTY DEVELOP}mNT TAX came on for introduction and 1st
reading.
Ellinwood stated she thought the proposed tax was too hiqh and
still preferred a graduated scale. Fanning expressed his con-
cern for the present residents and the future plans by the
City fer acquiring open space.
The Chair proposed doubling the tax and questioned what the effect
of the tax may have on future population of Tiburon. Fanninq
proposed not considering the raising of the tax at this point as
it appeared to be an equitable amount.
Ellinwood asked the City Attorney if the Hilarita project would
qualify for exception under the revised ordinance. The City
Attorney indicated it appeared they would, however, this was a
question of interpretation.
On motion of Fanning, and there being no objection, reading of the
full ordinance was waived and the ordinance was read by title only.
Motion by Sennett, seconded by Fanning, that the ordinance be
deemed to pass 1st reading, carried:
November 15. 1971
CITY COUNCIL MINUTES #259 Page 2
CITY
COUNCIL MINUTES
#259
November 15,
Page 3.
1971
The Chair requested staff explore the possibility of utilizing
the present school facilities for a meeting place on a regular
basis and report this hack at the next Council meeting
City Manager pointed out that it was a policy decision by the
Council regarding the utilization of outside facilities for
Council chambers and other Commission meetings. Sennett suggested
the Council explore meeting elsewhere such as the Del Mar School.
Becker suggested a review of the options and requested sketches
indicating the proposed office layout and cost conversions.
He indicated the City should consider various alternatives.
Fanning requested more particulars as to present space allocations
and specific nee~s. The City Manager stated the major space
consideration at this time is that for future police department
requirements.
Sennett suggested because of the major effect this matter may
have on the tax dollar that it be referred to committee, keeping
in mind that the City will possibly have its own facility in
a few years.
Ellinwood recommended consideration of renting the main and
lower floors of the Zelinsky building and thereby moving out of
the present office facilities. Becker suggested remolelinq and
renovating existing facilities to accomodate additional space
requirements. Fanning concurred with Becker's suggestion, and
after previous discussion with ~1ayor Rice, questioned the pro-
posed large increase in rental expenditures.
City Manager indicated present space requirements and recommended
rental of a pOl~lo.u ~.. the adja~C:Jlt Zelinsky office building.
4
RENTAL OF
Ellinwood requested this item be continued to the next Council
agenda for consideration by a possible full Council and with
staff response.
ADDITIONAL
CITY HALL SPACE
PROPOSALS AND SUGGEST~~ PRIORITIRg FOR
ACTION: AND ESTABLISHrmNT OF CERTAIN PROCEDURES
3.
Chairman Becker stated Mayor Rice would possibly make the two
appointments at the next regular meeting. Recker also indicated
his interest in pi.ther serving in this capacity or assisting in
manner with the Housing Authority.
sane
The Chair recognized Mr. Wallace Shepherd, Executive Director,
Housing Authority, County of Marin to address the Council. Mr.
Shepherd asked t~-~2 CC'tl':1cil ~o appoir_ _ two persons from the Tiburon
eommuni ty to advi 3e the A~- ".' lori ty on matters directly relating to
the City and to ~$tabiish better liaison. Mr. Shepherd also en-
couraged the City to consider making application to HUD for an
Open Space Grant concerning the two additional acres owned by the
Housing Authority behind Hilarita.
PUBLIC QUESTIONS AND COMMENTS
The Chair requested periodic reports concerning the implementa-
tion of the tax for future consideration of increasing or
decreasing. The City Manager indicated staff t~ould maintain
records of the amount of building permits to determine who
would be paying the major po~tion of the new tax.
Ayes:
Noes:
Absent:
Councilmen
Councilmen
Councilmen
Ellinwood,
None
Rice
Sennett,
Fanning,
Becker
6 DESIGN REVIEN AND INTERIU ORDINANCE
EXTENSION REQUEST
The Director of Community Development discussed the status of
the interin ordinance extension, and a request by the Planning
Commission for an additional three months to consider and draft
criteria for Design Review.
COMMUNICATION
CASH FLON REPORT
DEPARTMENT OF PUBLIC NORKS REPORT
POLICE REPORT
There being no objection, the Chair declared the above reports
accepted.
REGISTER OF CLAIMS #87
Motion of Fanning, seconded by Sennett to accept Register of
Claims #87:
Ayes: Councilmen: Ellinwood, Sennett, Fanning, Becker
Noes: Councilmen: None
Absent: Rice
ITEMS NOT ON THE AGENDA
Status of Agenda Items
Sennett questioned staff concerning the status of trails, paths,
and lanes and the open space acquisition report.
Move of f.7ajor Business from Tiburon
Ellinwood noted the City's loss of certain businesses and re-
quested the City Manager communicate with these businesses prior
to their departure and determine what the problems are and if
the City can be of any assistance.
Bicycle Path
Ellinwood suggested adopting the same rule as that by Belvedere
concerning the use of bicycle horns on the bicycle path.
Ellinwood also suggested the purchasing of a small sweeper
by the City, and controlling of blackberry vines now coming
through the surface of the bicycle path.
ADJOURNMENT
It now being the hour of 10:50 P.M., November 15, 1971, and there
being no further business to come before the Council, the Chair
declared the meeting adjourned sine dine.
.~
BERT BALMER, City Manager/Clerk
- ~ -- t) r~~7' December 27 , 1971
-
November 15, 1971
CITY COUNCIL MINUTES #259 Page 4.
CITY COUNCIL
CITY OF TIBURON
I. CALL TO ORDER
The regular meeting of the City Council, City of Tiburon, State
of California, uas called to order by I1ayor Denis T. Rice at
7:50 p.m., November 22, 1971, in the City Hall Council Chambers.
II. ROLL CALL
PRESENT: COUNCILrmN: Hayor Rice, Beeker, Ellin'1ood, Fanning, Senne~t
ABSENT: COUNCILHEN: None
EX OFFICIO: Bert Balmer, City Manager
Robert L. Kleinert, Ass1t City Manager
Robert I. Conn, City Attorney
Stanley U. Bala, City Engineer
Richard Arjo, Dir. of Corom. Development
Louis V. Brunini, Supt. of Public ~'1orks
Hellen I{. Hecht, Hinute Clerk
III. APPROVAL OF HINUTES
Ellinwood requested ~linutes 258 be corrected to shm~ the meeting
was held at the Reed School; and that, on page one, Section 236
Projects be sh~m.
At the request of Fanning, the Chair directed approval of 11inutes
258 and 259 continued, and that legible copies of page 2 of
Uinutes 258 be sent to councilmen.
IV. BUSINESS OF THE COUNCIL
1. PO I'1ASTER PLAN - Action: Ord. 79 M.S. adopted
HOFFl1IRE APARTHENTS
An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ADOPTING
1\. ~D BASTEn PLAN FOR PROPERTY ON r1ARINERO CIRCLE, having passed
first reading, came on for second reading and adoption.
On motion of Sennett, and there being no objec'tion, the readinq of
the full ordinance was '~aived and the orainance was read by title
only.
It was moved by Fanning, seconded by Sennett, that Ordinance 79 N.S.
be deemed to have passed second reading and be adopted.
~1ith the approval of council, the ordinance was amended as follows:
Section 1:1, line 2 should read, It . if the Precise
. .
Plan satisfies the . u
. .
Section 2:2, line 1, to read, " . adequate provision
. .
shall be . u
. .
Referring to Condition 2 of the ordinance, the Chair stated he
objected to design bonuses because it implies the City can accept
something less than excellence of design to get a certain density.
lIre John Hoffmire spoke to the application, and reminded the council
a much higher density had been approved by the council in years
past.
Question was called on the motion to adopt the ordinance, as
amended, and the motion carried:
November 22, 1971
CITY COUNCIL HINUTES {~260 Page 1
CITY COUNCIL MINUTES
f~ 260
November 22,
Page 2
1971
The Chair directed this matter continued indefinitely, and that
the council explore the possibility of joining in with the
Strawberry Recreation District in their pending lawsuit against
the Strawberry Cove development.
CITY OF TIBURON ORDINANCE
RESCINDING ORDINANCE 78 N.S
4
Action:
Becker requested consideration be given to displays and materials
at the council and commission meetings, and also the fact that
there may be schedule conflicts with the school department and
the council may have to meet in other spaces which are accoustically
inferior.
Continued
All Ayes
Question was called
The Chair directed the record reflect the sense of the motion
is that no. ppecific linear or room allocation is being adopted,
but that the lower floor of the existing building will be
developed for police department purposes
,
and the motion carried
Fanning questioned reviewing the utilization of the school
facilities on a six-month trial basis in June 1972, as set
out in the report, as the facilities wi~l not be used until
around that date.
It was moved by Sennett, seconded by Fanning, that the city make
arrangements with the Reed Union School District for facilities
at the Del Mar Music Room for City Council and Commission
meetings and that the present facilities available to the
council be converted for the uses spelled out in the City
I-tanager · s memo.
The council received the report of the City
Department space requirements.
CONSIDERATION OF ADDITIONAL
CITY HALL SPACE
Manager on Police
3
Action:
The Chair directed the matter continued pending receipt of the
City Attorney's answer to Fanning's question.
Received report
Fanning questioned the City Attorney when a dedication of open
space and/or in lieu fee for certain developments is required to be
paid to the city, whether there would be a legal question in ask-
ing for an in lieu fee for open space development and also a
property development tax on the same property.
An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON ADDING
CHAPTER 78 TO THE TIBURON CITY CODE, PROVIDING FOR THE IMPOSITION
OF A PROPERTY DEVELOPMENT TAX, having passed first reading, came
on for second reading and adoption.
2
PROPERTY DEVELOPMENT TAX
With the approval of council, the Chair directed the Director of
Community Development to notify the Planning Commission of the
council's desire to have the Zoning Ordinance re-examined for
possible amendments which would delete density bonuses for
excellence of design and which would proceed on the assumption
that all design is going to be quality.
Action:
Continued
AYES:
NOES:
ABSENT:
COUNCIL~mN
COUNCILMEN
COUNCILMEN
.
.
.
.
.
Becker,
None
None
Ellinl-1ood
,
Fanning,
Rice,
Sennett
CITY COUNCIL MINUTES
#260
November 22
Page 3
,
1971
Becker recommended
Ellinwood recommended (1) no police chief or sheriff from Marin
County be on the hoard; (2) one member of the board be a city
manager, not from Marin County; and (3) someone from the
University of California Criminology Department and a clinical
psychologist be on the board.
l-ir .
Edward Parnell be on the board.
Fanning suggested the hoard screen the applicants and make recom-
mendations to the council, with the ultimate appointment being
made by the City Manager. He recommended Mr. Cecil Ferris, a
police officer from San Francisco, be on the board.
The City Manager reported applications for police chief closed
November 19, and that an oral board would be appointed to select
the top candidates.
CITY STAFF WORK AND PROGRESS
A recess was taken at 8:50 p.m., the council reconvening at
9:05 p.m. Mayor Rice was excused from the meeting and Vice
Mayor Becker assumed the Chair.
REPORT
Recess
Continued
PROPOSAL AND SUGGESTED
PRIORITIES FOR ACTION; AND
ESTABLISHMENT OF CERTAIN PROCEDURES
s.
Action:
Continued
IV
Sennett referred to the minutes of November 15, 1971, wherein
Mr. Wallace Shepherd, Executive Director, Marin County Housing
Authority, advised the city of the Housing Authority's interest
in offering the city the opportunity to acquire two additional
acres in the Hilarita area that is presently set aside for a six-
unit development, and that the City of Tiburon would receive
favorable consideration from HUD with respect to a matching fund
grant for the acquisition of this land. At the request of Sennett,
the Chair directed staff draft a letter to Mr. Shepherd, over the
Mayor's signature, setting forth the city's interest in the
acquisition of the land; and that staff prepare an agenda bill for
the proposed acquisition, which acquisition would be conditioned
upon HUD funding, to be submitted first to the Parks and Recrea-
tion Commission and then to council.
BUSINESS OF THE BOARD
The City
Engineer
Engineer
,
Manager introduced
and Mr Jesper C.
Mr. Stanley Bala as the new City
Strandgaard as the new Deputy City
Sennett expressed the council's appreciation to the outgoing
commissioners. Staff was directed to prepare the appropriate
plaques to be sent to former Planning Commissioners Littman
and Wren, and Parks Commissioners Smith, Ellman and Teather
It was moved by Fanning,
Mayor's recommendation.
seconded by Ellinwood, to accept
f.1otion carried: All Ayes.
the
The Chair nominated Hr
to the four-year terms
created by the expired
Teather
· Albert Aramburu and Mr. Donald Pickett
on the Parks and Recreation Commission,
terms of Commissioners Ellman and
v.
PUBLIC_QUESTIONS
AND COMr-iENTS
The City Manager reported recommendations for changes to business
license taxes, fees and charges, and a review of the personnel
ordinance and personnel rules and regulations will be submitted
to the council in January.
7 PROFESSIONAL OFFICES IN Action: Report accepted
R-2 AND R-3 DISTRICTS
The council received the report of the Director of Community
Development containing the recommendations of the Planning
Commission to delete the use permit provisions from the R-2 and
R-3 zoning districts, and that this matter be set for public
hearing.
~1otion of Sennett, seconded by Fanning, to adopt the report and
accept the recommendations of the City Manager and the Director
of Community Development, and this matter be scheduled for public
hearing as recommended, carried: All Ayes.
8. CONSIDERATION OF HEIGHT Action: Report accepted
REGULATION MtENDMENT TO
ZONING ORDINANCE
The council received the report of the Director of Community
Development containing a proposed amendment to the Zoning
Ordinance prepared by the Planning Commission pertaining to
the regulation of heights and methods of measurement.
It was moved by Sennett, seconded by Fanning, to accept the
report and the matter be set for public hearing, as recom-
mended by the City l-1anager' s memo of November 22, 1971. Motion
carried: All Ayes.
9. EMERGENCY ORGANIZATION
AND PLAN FOR THE CITY OF TIBURON
An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDJNG
THE TIBURON CITY CODE TO PROVIDE FOR Er,tERGENCY ORGANIZATION AND
FUNCTIONS came on for introduction and first reading.
On motion of Fanning, the Chair directed the reading of the
full ordinance waived, and the ordinance was read by title
only.
It was moved by Fanning, seconded by Sennett, that the ordinance
be deemed to have passed first reading.
It was moved by Sennett, seconded by Fanning, to amend the
ordinance as follows:
Under Section 2l-6A (2), the first line on page 2
should read, "(2) In the event of the unavailability
of a quorum of the City Council, request . n
. .
Question was called on the motion that the ordinance, as amended,
pass first reading, and the motion carried:
AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Rice
CLAIr.1S REGISTER - October
CASH FLOW - October
DEPARTl1ENT OF PUBLIC WORKS REPORT - October
Motion of Fanning, seconded by Becker, to approve the reports,
carried:
November 22 1971
CITY COUNCIL MINUTES #260 Page 4
November 22
Page 5
CITY COUNCIL
HINUTES
#260
,
1971
~mYOR OF THE CITY OF TIBURON
APPROVED BY
D~
-
'-..,
and there being no further
the Chair declared the meeting
AL-
, City Clerk/Manager
It being now the hour of 10
business to come before the
adjourned sine die.
:13 p.m.,
council,
Ellinwood questioned the status of the city's establishing eligi-
bility for federal flood insurance. The Director stated he is
investigating this and will furnish a progress report to the
council on December 13.
VII
ADJOURNl-mNT
Slide and Flood Coveraqe Insurance
Ellinwood reported the Countywide General Plan is on the
December 22 CCPC agenda, and questioned whether the Director had
any comments. The Director stated the Planning Commission will not
have an opportunity to review the plans, but his own reaction is
that the city could endorse the county adopting the plan for their
purposes and guidance, but the city should not adopt the plan
at this time.
Co.::nt
Ellinwood reported she had received reports a Seafirth collection
box for sanitary disposal is not functioning. She requested
staff request a bacterial count from the County Department of
Public Health to determine whet~er or not the collection
box is functioning properly.
ide General Plan
Sanitation Problem
In response to a question by Ellinwood, the Director stated he
had written a letter to the Corte Madera council regarding the
resolution on acquisition of ridge lands between the cities,
and this matter would be agendized for December 13.
Seafirth
Ellinwood questioned whether the city has reviewed the plans
of a major development proposed in the city of Corte Madera,
up the hill to the Tiburon ridge. She requested the Planning
Director obtain as much information on the project as possible
so that, in accordance with the new procedures being adopted
by the City-County Planning Council in regard to open space
and ridge development, because of the proximity of the development
to the Tiburon ridge, Tiburon advise Corte Madera of their
interest in the development.
Development in Corte
In response to a question by Ellinwood, the Director of
Community Development stated tl!e Seaport Master Plan, to be
presented to the Board of Supervisors November 23, has been
changed to expand the street widths from 24 feet to 34 feet.
Ellinwood requested the Director indicate to the Board the
fact that one of the major concerns of the Planning Commission
was the lot widths and the cuts and fill.
r,ladera
Seaport Development
AYES:
NOES:
ABSENT:
COON CI Lr,ffiN
COUNCILMEN
COUNCILX'ffiN
VI
Becker
None
Rice
,
QUESTIONS
Ellinwood
,
Fanning
,
Sennett
CITY COUNCIL
CITY OF TIBURON
I. CALL TO ORDER
The regular meeting of the City Council, City of Tiburon, State
of California, was called to order by Mayor Denis T. Rice at
7:37 p.m., December 13, 1971, in the City Hall Council Chambers.
II. ROLL CALL
PRESENT: COUNCILl1EN: Mayor Rice, Becker, Ellinwood, Sennett
ABSENT: COUNCILNEN: Fanning
EX OFFICIO: Bert Balmer, City Manager
Robert L. Kleinert, Ass't City Manager
Robert I. Conn, City Attorney
Joseph C. Strandgaard, Deputy City Engineer
Richard Arjo, Dir. of Corom. Development
Louis V. Brunini, Supt. of Public Works
Hellen K. Hecht, Minute Clerk
III. APPROVAL OF ~UNUTES
No. 258 Action: Approved as amended
It was moved by Sennett, seconded by Becker, to approve Minutes
No. 258 of November 8, 1971.
Ellinwood requested the following changes:
Page 1, paragraph 2 under Item 1, line 2, "Housing"
should be stricken, to read uTiburon Ecumenical
Association. II
Line 6 of the same paragraph, IIGeneral Plan" should
be changed to II fLIas ter Plan. II
Paragraph 4 under Item 2, insert "Federal Housing
Act Section 236" on line 1, before "236 projects."
Page 3, paragraph 11, should be changed to read:
"Mr. t'lallace Sheperd, Director of the 14arin County
Housing Authority, advised the Housing Authority
Board has passed a resolution they will take no
more than 20 percent of the new housing to be built
under the rent au lement rroam. The 2.8 acres of
t e Hous~ng Aut orJ.ty an J.S beJ.ng 0 ere to e City
of Tiburon b Tiburon Ecumenical Association as 0 en
space. He stated H lar1ta is not . It
. .
There being no further changes or corrections, Minutes 258 were
approved as amended.
IV. BUSINESS OF THE COUNCIL
1. RECOGNITION OF FORf-IER Action: Adopted Resolution Nos. .
PLAi"\lNING A1.~D PARKS & 400 thru 404
RECREATION C01~1ISSIONERS
On motion of Sennett, seconded by Ellinwood, Resolution No. 4GO,
as amended, expressing appreciation to Parks & Recreation Com-
missioner Polly Smith, was adopted: All Ayes.
On motion of Sennett, seconded by Ellinwood, Resolution No. 401,
as amended, expressiong appreciation to Parks & Recreation Com-
missioner George Ellman, was adopted: All Ayes.
December 13, 1971
CITY COUNCIL MINUTES #261 Page 1
I-IJNUTES
J~
it
261
December 13,
Page 2
CITY:Ot.n\I~J::
Members of the audience spoke in Jpposition to t~e lot split.
Hr. Les Smith, c1evelop8r of th...: ::;:...~)dJvi.sivn, gave the history of
1971
In response to a question ::y Sennett, Mr. Coleman stated they are
requesting a lot split rather thD,n just putting another unit on
the parcel for reasons of financi.ng. Ellinwo~d stated in her
opin~~the purpose of the R-3 20ne is not to allow a number
of~~weiling units, but to ~llow multiple dwelling in one single
structure.
Mr. David Coleman, architect for Mr. Senglaub, spoke for the lot
split on the grounds the existi.ng zoning in R-3 l:''juid allow;' ". '"
between seven and eight units, and they are requesting two, which
is far less than allowed by the present zoning.
The Director of Community Development preE~nted to the council
the appeal of Mr. Jo~ Senglaub from t~e denial by the Board of
Adjustments to grant a variance to create two lot~ from A.P. #58-
223-02, on the grounds the denial of the lot split deprived the owner
of full use of the property C::.nd "\flaS ~,nconsistent with rights granted"
to other similar property. " '
APPEAL FROM DECISION
OF THE BOARD OF ADJUST~mNTS
s.
After discussion,
the next regular
and bring back
ActJ. on :
-----_.~_..
~:h'; Co ri,,:1,::: directed this' matter continued to
m~cr~~' J, ~nd ~cqucsted councilmen study the ordinance
St1.CJ:.:: t~d c.~:l':~r.~dm~nts to th~ :l~xt meeting.
Appeal
denied
An ordinance eatitled AN ORDINl'..NCE OF THE CITY OF TIBURON AMENDING
ORDINANCE NO. 9 N~S. (THE ZONING 0RDINANCE) BY RRVISING HEIGHT
REGULATIONS, came on for in.t.:L'oduc"-i..O::1. and first r~ading.
AHENDMENTS OF ZO:~IPG ORDINANCE
IN REGARD TO N.EA3 UREf.iBNT OJ?
HEIGHT OF BUILDINGS
3
Action:
-...._~-
l~s. Kitty Halperin spoke in favor of
Section 23A from the ordinance.
CO:i1,tinued
Having no ordin.~,nc'3 dr~:Et
Chair directed the matter
the amendment to delete
:.11 this matter before the council, the
con~inued to ~he next regular meeting.
The council recci~.,"ed the repo::'t of th~ Direct.or of Community
Development containing the reccmm,Gndntio14S of the Planning Com-
mission to amend the ordin(l~1ce by deletiag th':j u~'} ?~::-~.i t pro~
fi'J.. ~ ';0" n C'! .1= ....('..., of-he -) - ? -,.:' r,." ,.~ ,- ,'. ...... ...',~, .I. -_,~ r: ".. r.
V w..... .;;;) --,'- ...... ).. .. ... " . ... .. - .,' .. ,'1:.'... ';') c.. ..,.,. _ _. ,; . ).
PROFESSIONAL OFFICES IN
R-2 AND R-3 DIS~RICTS
Action:
2
Continued
Former Commission~rr.; Smith, Ellman, Teat-her ~nd Littman were each
presented with ,pl,~qt.:cs from the City of Tiburon by f.1ayor Rice.
[As Mr. Wren was absent, st~ff was directed to deliver his plaque
to him.] .
On motion of Becker, seconded by Sennett, Resolution No. 404, as
amended, expressing appreciat:i.on J..") Pla.nning Commissioner Bennett
Wren, was adopted: All Ayes.
On motion of Becker, seconded by Sennett, Resolution No. 403, as
amended, expressi.ng app::,eciation to Planning Commissioner Allan N.
Littman, was adopted: All Ayes.
On motion of Ellinwood, seconded by Becker,
amended, expressing appreciation to Parks &
David H. Teather, was adopted: All Ayes.
Resolution
Recreation
No. 402, as
Commissioner
CITY COUNCIL MINUTES
#261
December 13,
Page 3
AYES:
NOES:
ABSENT:
COUNCI LNEN
COUNCILl1EN
COUNCILNEN
.
.
.
.
.
.
Becker
None
Fanning
1971
Ellinwood
It was moved by Becker, seconded by
No. 62 N.S. for an additional year,
1972. ~lotion carried:
,
Ellinwood, to extend Ordinance ?
to and including November 9, (
~
Rice
,
Sennett
There being no objection,
ordinance waived, and the
the Chair directed reading of the
ordinance was read by title only.
full
The Director requested the council extend Ordinance 62 N.S., AN
URGENCY INTERIM ORDINANCE OF THE CITY OF TIBURON REQUIRING DESIGN
REVIEW WITHIN THE RO-l, RO-2, R-l, AND R-2 ZONING DISTRICTS for a
period of one year to allow completion of the revised design review
procedures and ordinance amendments now under consideration by the
Planning Commission.
INTERIM ORDINANCE
DESIGN REVIEW FOR RO-l,
RO-2i R-l & R-2 DISTRICTS
4
Action
Extended Ord
62 N.S.
IV
Ellinwood referred to a letter from former Mayor Gordon StraWbridge
dated December 13, 1971, pointing out differences between the
objectives in Tiburon's plan and the County-wide General Plan, which
is to be before the City-County Planning Council on January 13 for
adoption. The Chair set a special meeting for January 5, 1972,
from 7:30 p.m. until 10:00 p.m., for a jeint meeting of the
Planning Commission and the City Council to review the county-wide
General Plan.
BUSINESS OF THE COUNCIL
The Chair read a letter from Mrs. Esther Nelson dated November 28,
1971, suggesting the Cities of Tiburon and Belvedere encourage
residents to use "living trees" at Christmas, and then donate them
to the cities for planting along the new bicycle path.
~~. William O'Neill called the council's attention to the 900-foot
tower being erected on Mount Sutro above the City of San Francisco,
and requested the City of Tiburon formally protest the construction
in an attempt to protect the view of the San Francisco skyline. He
introduced Mr. Bob MacLagan, representing a group of University of
San Francisco law students, who have brought suit against the tower
in an effort to have the matter brought back to the San Francisco
Planning Commission for more extensive public hearings. Ellinwood
urged the council take immediate action expressing the shock and
indignation of the City over the towers' having been allowed. The
Chair ruled he would write a letter to San Francisco expressing
deep concern and advise this matter would be agendized for dis-
cussion at the next meeting.
v
AYES: CUUNCIL~mN: R-~~.r, Ellinwood, Rice, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Fanning
fh3 SiR' NED: <:tou fJC' J... MEN', Be-~ Kf'tC.
At the request of Sennett, the Chair directed the Director to review
the subject of possible rezoning in this area, and to furnish the
council with a report, which will be sent to the Planning Commission.
ITEMS
NOT ON THE AGENDA
Hotion of Sennett,
carried:
seconded by Ellinwood
the area and stated as this is a single family area,
would be in violation of the planning concept of the
,
to deny the appeal,
the lot split
subdivision.
6. EMERGENCY ORGANIZATION AND Action: Ord. 80 N.S adopted
PLAN FOR THE CITY OF TIBURON
An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMEND~~G
THE TIBURON CITY CODE TO PROVIDE FOR E~mRGENCY ORGANIZATION AND
FUNCTIONS, came on for second reading and adoption.'
On motion of Sennett, seconded by Becker, full reading of the
ordinance was waived, and the ordinance was read by title only.
Motion of Sennett, seconded by Becker, that Ordinance No. 80 N.S.
be deemed to haye passed second reading and be adopted, carried:
AYES: COUNCIL~1EN : Becker, Ellinwood, Rice, Sennett
NOES: COUNCILNEN: None
ABSENT: COUNCILMEN: Fanning
7 NATIONAL FLOOD INSUrou~CE Action: Report accepted
PROGRAH
The council received the report of the City Manager outlining the
requireme~t8 t~ establish eligibility by the City of Tiburon +0 purchat;e
in ~hc Nat a~~ Flood Insurance Program, which allows homeowners
and small busi.nesses to purchase flood insurance at a subsidized
rate.
Council received the report and directed the City Manager to compile
the necessary material to fO~lard to the Federal Insurance Adminis-
tration. .
Ellinwood requested council.conside~ adppting the 197~Buil~ng
Codel" Fla.ee, of +he, Iq",+ e d.1'.on no\.V belnS V&€d b.., the Ity. .
8 HUD GRM~T CONTRACT Action: Res. 405 & 406 adopted
EXECUTION - R~ILROAD RIGHT-OF-WAY
On motion of Sennett, seconded by Ellinwood, Resolution No. 405
providing assurances pursuant to '.Tniform Relocation Assistance and
Real Property Acquisition ~~olicies Act of 1970, as required b
HUD before payment of the grant for the railroad right-of-way,
was adopted:
AYES: COUNCILHEN: Becker, Ellinwood, Rice, Sennett
NOES: COUNCILHEN: None
ABSENT: COUNCILMEN: Fanning
On motion of Sennett, seconded by Becker, Resolution No. 406,
approving and providing for the execution of a contract for 9ra~t
to acquire and/or develop land for open space purposes betweeQ .
the City of Tiburon and the United States of America, was adopted:
AYES: COUNCILr.1EN: Becker, Ellinwood, Rice, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILfiffiN: Fanning
9 THE SETTING OF TNO PUBIJIC HEARINGS FOR
MASTER AND PRECISE PT.JANS
1. GOLDEN VIEW HEIGHTS SUBDIVISION - MASTER AND PRECISE
2. 58 ~mRINERO CIRCLE (HOFFMIRE DEVELOPNENT) - PRECISE PLAN
The Chair set January 10, 1972, for the public hearings on the
above matters.
10 BUS STOP AND SIDE~l~D";"e,.. Of' Action: Res. 407 adopted
TIBURON BLVD SOUTH 1\ ILVERADO DRIVE tt-5 icle....tifl~ i t"\ t1-e- Div . of H\4)~S. Aqreemt.rlt:
The City Manager presented to the council a resolution approving
an agreement with the Department of Public Works, Division of
December 13, 1971
CITY COUNCIL MINUTES #261 Page 4
Highways, for 50 percent sharing of the construction costs by the
City of Tiburon and the State in the construction of a new bus stop
with sidewalk on Tiburon Boulevard south of Stewart Drive.
r~otion of Sennett, seconded by Becker, to adopt Resolution 407,
carried:
AYES: COUNCILNEN: Becker, Rice, Sennett
NOES: COUNCILl-mN: None
ABSTAIN: COUNCIL~mN: Ellinwood
ABSENT: COUNCIL~1EN : Fanning
11. CONSIDERATION OF m~INHABITATED M~NEXATIONS
The City Manager presented to the council a map of an area known
as the Northridge annexation which the property owner had requested
be annexed to the City of Tiburon. .
To a question by Sennett, the City Manager assured the council they
will not be making any commitments by their application to Local
Agency Formation Commission.
Sennett stated the City has always expressed its concern for the
quality of development in areas adjacent to the present boundaries,
and he would therefore move, seconded by Becker, to adopt the
City Manager's recommendation and undertake the necessary steps to
advise LAFCO of the City of Tiburon's interest in this annexation.
With the permission of Sennett, the Chair amended the motion to
include that the City will authorize the City ~lanager to prepare
and file an application with LAFCO. l-1otion carried:
AYES: COUNCILL.1EN : Becker, Ellinwood, Rice, Sennett
NOES: COUNCILl-IEN : None
ABSENT: CQUNCILt1EN: li'anning
The City Manager presented to the council a map of an area known
as the Eagle Rock annexation, to encompass the uninhabitated area
from Tiburon Boulevard to Corte I~adera in the Eagle Rock area.
It was moved by Sennett, seconded by Becker, that the Council auth-
orize the City Manager to file application for annexation of the
proposed area known as Eagle Rock with LAFCO. ~1otion carried:
AYES: COUNCILNEN: Becker, Ellinwood, Rice, Sennett
NOES: COUNCILHEN: None
ABSENT: COUNCILMEN: Fanning
The City Manager presented to the council a map of an area knm~ as
the Strawberry Shore Lands annexation, which involves 411 acres of
land. He stated he has prepared letters to send to property owners
before the matter goes to LAFCO.
It was moved by Sennett, seconded by Ellinwood, that the City
Manager be directed to file application with LAFCO for annexation
of the area designated as the Strawberry Shore Lands Annexation
area. 14otion carried:
AYES: COUNCILHEN: Becker, Ellinwood, Rice, Sennett
NOES: COUNCILl1EN: None
ABSENT: COUNCILZ,1EN: Fanning
12. SUSPENSE CALENDAR
The council accepted the Suspense Calendar. The Chair directed
the Ordinance Rescinding Strawberry Cove Condemnation continue to
be tabled indefinitely in light ,f the present proposal to annex
the Strawberry Shore Lands, which would include the Strawberry Cove
December 13, 1971
CITY COUNCIL MINUTES #261 Page 5
The Chair set the Paradise Drive Walkway matter on the January 17
agenda.
URBAN DEVELOptmNT REPORT - October
POLICE REPORT - November
The Council complimented the Police Department on its excellent report.
There being no objections, with general consent the Chair accepted
the reports.
VI. QUESTIONS
Interviewing of Police Chief
The Chair directed the City Manager set the date of January 8 for the
council to interview the top three candidates selected by the oral
board for the position of Tiburon Police Chief.
El Marinero Landscaping
The Assistant City Manager reported Brown & Heldt have completed the
El Marinero Landscaping proposal and it is now ready for presenta-
tion to the City Council. The Chair directed the matter set for the
earliest possible meeting, and December 27, if possible.
Saturday cleanup of Richardson Bay Beach area
Ellinwood requested the council express its thanks and apprecia-
tion to all those participating in the Saturday cleanup of the
Richardson Bay beach area, which was a joint effort of the
Belvedere-Tiburon Ecology Committees and a Boy Scout troop.
Commendation to City Attorneys
Ellinwood requested the council commend the City Attorney and the
Deputy City Attorney for their performance in the Porte Marino
matter.
Repairs to Bicycle Path
Ellinwood requested the staff check with. the County to determine the
most efficient way of spraying anise and blackberries coming up
through the asphalt on the bicycle path.
VII. ADJOUmn-1ENT
It being now the hour of 11:40 p.m., and there being no further
business to come before the council, the Chair declared the
meeting adjourned sine die.
BERT B~ a~
~y Clerk/Manager
APPROVED BY THE CI~UNCIL ON:
, 19 71 .
~
:TY OF TIBURON
December 13, 1971
CITY COUNCIL rUNUTES #261 Page 6
CITY COUNCIL
CITY OF TIBURON
I CALL TO ORDER
The regular meeting of the City Council, City of Tiburon, State
of California, was called to order by Mayor Denis T. Rice at
7:32 P.M., December 27, 1971, in the City Hall Council Chambers.
II. RCI:L CALJ..
PRESENT: COUNCILMEN: Mayor Rice, Becker, Fanning, Sennett
Ellinwood (7:39)
ABSENT: COUNCILMEN: None
EX OFFICIO: COUNCILMEN: Robert L. Kleinert, Ass't. City Manager
Richard Arjo, Dir. of Comm. Development
Louis V. Brunini, Supt. of Public Works
Richard Breiner, Deputy City Attorney
Stanley M. Bala, City Engineer
Jesper C. Strandgaard, Dep. City Eng.
III. APPROVAL OF MINUTES
Nos. 259, 260, and 26l
The Chair waived reading of the minutes Nos. 259, 260, and "261.
Becker requested the following correction to minutes No. 2611
Page 3, Item 5, on the vote of the motion to deny the appeal,
vote should read Becker "abstained."
-
Ellinwood requested the following corrections to minutes No. 261:
On Page 2, Item 5, in paragraph 3, should read "a number of
separate dwelling units". . . .
Page 4, Item 7, 1st paragraph should read "to purchase Federal
Flood Insurance" . . . .
Page 4, Item 7, pD.ragraph 3, should read "adopt.ing the 1970
Uniform Building Code in place of the 1964 edition now EeInq used
by the City." -
Page 5, Item lO, paragraph 1, should read "on Tiburon Boulevard
south of Stewart Drive, or Silverado Drive as identified in the
Division of Highways Agrceme~"
There being no further corrections, the Chair adopted minuted N08.
259, 260, and 261 by unanimous consent.
IV. BUSINESS OF THE COUNCIL
1. PROFESSIONAL OFFICES IN Action: Ordinance passed
R-2, R-3 DISTRICTS lst Reading
On motion of Sennett, seconded by Fanning, r~adinq of the full
Ordinance was waived and the Ordinance was read by t.itle only. It.
was moved by Sennett, seconded by Becker, that the Ordinance be
deemed to have passed 1st reading.
(7:39 P.M., Ellinwood arrived at Council meeting)
Question was called on the motion that Ordinance be deemed to have
passed 1st reading, and the motion carried:
AYES: COUNCILMEN: Ell~.nwood, Sennett, Fanning, aecker, Rice
NOES: COUNCIL~.1.EN : NoI':.o
ABSENT: COUNCILMEN: None
December 27, 1971
CI~CY COUNCITJ l''iINUTES Page 1
#262
CITY COUNCIL MINUTES
#262
December 27,
Page 2
1971
Ellinwood stated if the low bid was above the available funds
of the district, she would recommend Council consider implemen~~
ing the proposed landscaping with City funds to do a complete and
(
The Ass't. City Manager reviewed the proposed landscaping plans
and specifications as prepared by the Consultants Brown/Heldt
Associates, and discussed the status of the El Marinero Assessment
District fund balance. The final la~dscapinq solution along
with the proper irrigation,not to exceed the funds available, was
finally acheived by the Consultants and private property owners
of the lots atop Mt. Tiburon with joint coordination of the
planning design, plant selection and irrigation system.
8:
45 P.
M.
Rice
$Xcused from meeting
and Becker assumed the Chair)
EL MARINERO LANDSCAPING
PROPOSAL
Adopted Resolution
No. 409
4
.
Action
Motion by Ellinwood, seconded by Becker,
408, carried all Ayes.
to adopt Resolution No.
The Chair presented to the Council a Resolution entitled A
RESOLUTION OF THE CITY OF TIBURON PROTESTING THE CONSTRUCTION OF
THE I<<>UNT SUTRO TV TONER IN SAN FRANCISCO.
The Chair reviewed the present status of the construction of the
tower on Mount Sutro in San Francisco and indicated he had re-
ceived no response to his letter of December 15th to the San
Francisco Board of Supervisors. Ellinwood stated the approval
was granted in 1963 and present values dictate the time is no
longer appropriate for such a structure and the San Francisco
Board of Supervisors should be contacted regarding what can be
done about the tower.
T.
ON
V. TOWER ERECTION
MOUNT SUTRO
Adopted
No. 408
3.
Action
The Chair referred the matter to the City Attorney for rewording
to be brought back to the first meeting in January. The Chair
also suggested the City Engineer and City Attorney review the
status of the present grading Ordinance which is contained in the
Uniform Building Code adopted by the City and agendized suggestions
for tightening up the Ordinance.
Resolution
Sennett questioned the definition of grade, as setforth in the pro-
posed Ordinance. Ellinwood stated the City should have a separate
grading ordinance and that the City's Design Review process under
which height from original grade would be determined was not suf-
ficient protection. Becker noted the critical aspect was that
of infringement on neighbors' views, however, the concept of
natural grade is workable as it now exists. Fanning indicated he
was previously unhappy with the original Ordinance's definition of
natural grade, and is presently dissatisified with the revised
Ordinance. He stressed eliminating massive earth moving or cuts.
The Chair suggested using the natural or finished grade which-
ever is lower, and the future possibility of restructuring the
Design Review Board. Becker indicated there are so many variables
that a variance should be utilized where suitable or permissable.
It was moved by Becker, seconded by Fanning,
deemed to have passed 1st reading.
the Ordinance be
A motion of Fanning, seconded by Sennett, reading of
was waived and the Ordinance was read by title only.
2.
CONSIDERATION OF HEIGHT
REGULATION AMENDMENT
Action
full Ordinance
Referred to City
Attorney & Continued
to Jan. 10, 1972
meeting.
CITY COUNCIL MINUTES
#262
Sennett referred to a recent letter from Jack Himmelwright of
Belvedere addressed to the Tiburon City Council regarding the
recent Richardson Bay Shoreline and Bicicle Path Clean-up. As
Mr. Himmelwright's letter proposed, Sennett suggested the City
Manager contact the City of Sausalito, the various yacht clubs
and the Amy Corps of Engineers for their assistance in controlling
the various sources of the debris which eventually is deposited
on the Tiburon shoreline.
December 27,
Page 3
1971
CO~IUNlCATIONS
The Director of Community Development informed the Council that a
complete report outlining the differences between the 1964 and 1970
editions of the Uniform Building Codes and the procedure for
adoption is being prepared for Council's review. Council requested
this matter be agendized for the 1st meeting in January in order
that the new codes could be adopted as soon as possible
STAFF REPORT - CONSTRUCTION
CODE COMPARISON
Continued to 1st
meeting in January
for adoption.
6.
AYES:
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
.
.
.
.
.
Action:
Ellinwood
None
Rice
Motion by Fanning
refer to the City
s
seconded by Sennett,
insurance carrier.
,
Sennett
to deny these claims and
Motion carried:
,
Fanning
I
Becker
,
,
Two claims were received by the City for property damage and
injury resulting from alleged slippery conditions caused by oil
on City streets.
CLAIMS FOR PROPERTY
AND INJURY
Claims denied and
referred to City's
insurance carrier.
5.
DAMAGE
This Resolution authorizes the publishing of the Notice Inviting
Sealed Bids and orders that bids or proposals shall be delivered
on or before 2:00 P.M. on the 19th day of January, 1972, at the
office of Bala and Strandgaard in Mill Valley.
Action:
AYES:
NOES:
ABSENT
.
.
COUNCILMEN
COUNCILMEN
COUNCILMEN
.
.
.
.
.
.
Ellinwood
None
Rice
Sennett
Motion of Fanning, seconded by Sennett, that Resolution No. 409,
A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS FOR INSTALLATION
OF LANDSCAPING IN EL MARINERO ASSESSMENT DISTRICT NO. 1967-1,
CITY OF TIBURON, MARIN COUNTY, CALIFORNIA, be adopted. Motion
carried:
,
Fanning
,
Becker
The Chair suggested the City Engineer consider utilizing a lump
sum bid proposal rather than the proposed unit price bid format.
It was the sense of the Council the City Engineer could consult
with the City's landscape architects on this matter and he
authorized to make this change if desirable.
Sennett expressed his concern that the City should have something
more than a verbal agreement from the private property owners
concerning their participation in the landscaping. It was the
sense of the Council that prior to the opening of the bids and
awarding of the contract, the City should have a written commitment
from the private property owners indicating their positive intent
to proceed with their portion of the landscaping.
proper job not deleting any areas because the City's February
1968 approval of the final subdivision map is responsible for the
cuts in the landscape.
CITY COUNCIL
#262
December 27,
Page 4
r.1INUTES
In reference to the recent fire on Paradise Drive, Ellinwood
noted the continuing serious traffic congestion at the intersec-
tion of Main Street, Tiburon Blvd., and Paradise Drive. The primary
problem being that of emergenc:~ vehicles negotiating this inter-
section during the peak commute times. She suggested additional
lighting of the intersection and continued traffic control by the
police as possible solutions. Ellinwood also requested the citing
of cyclists without lights at night in the City.
1971
TRAFFIC CONGESTION AT
AND TIBURON BOULEVARD
PARADISE DRIVE, MAIN STREET
INTERSECTION
Ellinwood noted in the November Police Report by Sgt. Keaton that
an increasing problem is apparent in that numerous persons are
sleeping overnight in vehicles in the area of the NWP property
and the City Park and apparently the present City Ordinances do
not cover this situation. The matter was referred to the City
Attorney to investigate and report back to the Council.
OVERNIGHT SLEEPING
Ellinwood brought to the attention of the Council the beautifully
illuminated 50 foot Sequoia christmas tree located on the property
of the Borton Bennetts having been provided through the efforts
and financial expenditures of the William J. Simpsons of 239
Oiviso Road, Tiburon. Ellinwood presented a RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TIBURON CO~mNDING MRS. WILLIAM J.
SI14PSON FOR HER ENTHUSIASTIC SPIRIT, ENERGY AND DETERMINATION
WHICH GREATLY ENRICHED THE TIBURON COr4MUNITY DURING THE 1971-72
HOLIDAY SEASON. Motion by Ellinwood, seconded by Sennett to
adopt Resolution No. 411, carried: All Ayes
IN
CARS ON mIP PROPERTY
ILLUMINATED CHRISTMAS TREE
FOR THE CITY OF TIBURON
Adopted Resolution
No. 4ll
Action
Sennett inquired as to the status of the Paradise Drive Walkway,
and indicated he would like to see this matter considered by the
Council in the very near future with the desire that it possibly
go out to bid in the spring. The Ass't. City Manager informed
the Council the matter would be on Council's agenda at their
second meeting in January, and prior to that, it would be discussed
by the P & R Commission at their meeting of Jan~ary 13th.
PARADISE DRIVE WALKWAY
Fanning discussed the recent return of the Ark to the Tiburon
Peninusla Club by the teen organization, and suggested the P & R
Commission investigate this matter concerning possible future use
of the Ark for teen or related activities. Commissioner O'Neill
of the P & R Commission was in attendance and informed the Council
the P & R Commission has recently discussed this matter. The
Commission is interested in pursuing the proposed use of the Ark,
however, they are presently awaiting the decision of the TPC
Board of Directors regarding the Ark
STATUS OF TPC
Motion of Fanning, seconded by Sennett, to adopt Resolution No 410,
A RESOLUTION OF THE CITY OF TIBURON REQUESTING PROVISION OF
SERVICE RELATING TO THE CONDUCT OF AN ELECTION, carried: All Ayes.
ARK
The Ass't. City Manager proposed the City request by Resolution
to the Marin County Board of Supervisors specified services and
assistance relating to the forthcoming municipal election
scheduled for April 11, 1972.
REQUESTING COUNTY ASSISTANCE FOR MUNICIPAL
ITEMS
NOT ON THE AGENDA
ELECTION
Action: Adopted
Resolution
No. 410
/
CORTE r-1ADERA ORDINANCE REGARDING TIDE: LOTS
Ellinwood discussed the recently adopted Corte Madera Ordinance
which defined the term "Site Area" .as primarily the total area
within lot lines, excluding any portion of said site which is
below 3.5 feet mean sea level. This Ordinance was specifically
re-written in order to apply to tide lots as well as all other
lots within Corte Madera.
Becker requested staff research this matter and report back to
the Council concerning the City of Tiburon's needs and interest
relating to this type of Ordinance.
CITY PLAQUE FOR FORMER CITY ENGINEER
Fanning questioned whether a plaque had been presented to Ray
Foreaker, and it was the sense of the Council that both a plaque
and Resolution of appreciation should be prepared for the former
City Engineer.
POLICE CHIEF INTERVIEWS
The Ass't. City Manager informed the Council the interviews by the
City Council and City Manager of the final three applicants for
the Police Chief position would be on Saturday, January 8, 1972,
9 : 30 A . l.1. at the City Hall.
JOINT CITY COUNCIL AND PLANNING CO~1ISSION ~mETING
The Ass't. City Manager noted the joint meeting to study the
County-Wide General Plan was scheduled for January 5, 1972,
7:30 P.M. in the City Hall Council Chambers.
ADJOURNMENT
It now being the hour of 10:00 P.M., and there being no further
business to come before the Council, the Chair declared the meeting
adjourned sine die.
0 !/LL
BERT BALr.ll Lty Clerk/Manager
APPROVED BY THE CITY ~UNCIL ON:
I ./
January 10th . / ,19 72 .
-
rIBURON
CITY COUNCIL MINUTES December 27, 1971
#262 Page 5