HomeMy WebLinkAboutTC Min 1970 (August thru December)
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 8:12 p.m.,
August 10, 1970, in the City Hall Council Chambers.
II. ROLL CALL
PRESENT; COUNCILi\1EN: l1ayor Rice, Becker, Ellinwood (8: 12), Fanp.ing
ABSBNT: COUNCILHEN: Sennett ".,
EX OFFICIO: Lawrence D. Rose, City Banager
Robert L. Kleinert, Assistant City Manager
Richard H. Breiner, Deputy City Attorney
Nayne E. Boody, Planning Director
Phil V. Scott, Development Administrator
Louis V. Brunini, Superintendent of Public
Services
Hellen K. Hecht, I1inute Clerk
III. APPROVAL OF i;:INUTES
No. 202; July 13, 1970 Action: Approved.
With unanimous consent, the Chair ordered reading of Iiinutes No. 202
of July 13, 1970, waived and directed that the minutes be approved.
No. 203; July 13, 1970 Action: Approved as amended.
Ellinwood requested the following change be made to page 4,
paragraph 5 of Minutes 1203: ,. . Ellinwood stated this had
. .
occurred a couple years ago and that the pending appeal might preclude
action by the county tax collector at this time."
Ellin~od re4iested the name Silverberg be changed to Silberberg on
pages and of l1inutes tt203.
With unanimous consent the Chair ordered a reading of l1inutes #203
of July 13, 1970, waived and directed that the minutes be approved
as corrected.
'tI.Jo. 204~ July 27, 1970 Action;; Approved as amended.
Ellinwood requested the following corrections be made to Minutes 1204
of July 27, 1970~
Page 2, paragraph 1 ,under AB 378, line 3, ; ~ . basic
. .
salary unit schedule and making a provision for a
dental plani ii
-+
Page~, paragraph 3 be changed: II including Bel Aire,
. . .
which is outside the city limits, in order . lj
. .
Page 6, paragraph 5, capitalize Cable TV and Via Capistrano.
Page 8, under is Paving the Downtown Parking Lot, Ii the
paragraph read t;. . · action can be taken against the
NNP Railroad" instead of against Hr. Fred Zelinsky.
With unanimous consent, the Chair ordered a reading of ilinutes #204
of July 27, 1970, waived and directed that the minutes be approved
as corrected.
August 10, 1970
I1INUTES i}206 Page 1
IV CONSENT CALENDAR
-
After remanding several items from the Consent Calendar to the General
Calendar, it was moved by Fanning, seconded by Becker, that the Consent
Calendar, consisting of the following items, be adopted:
AB 390 - SIGN PLID1IT - BIAGIO'S PIZZA
AB 387 - REQUEST FOR l1AIN STREET DECORATIONS ON HOLIDAY &
FESTIVE OCCASIONS
- DEVELOPHENT ADHINISTRATOR'S HONTHLY REPORT, July 1970
There being no objection, the Chair declared the Consent Calendar adopted
by unanimous consent.
v. ORDINANCES
AB 374 Action: Remanded to Lands &
PROPOSED Al.IENDEENTS TO Development; on suspense.
PARKING & LOADING ORDINANCE
By Bill No. 374 of August lO, 1970, an ordinance entitled AN ORDINANCE
OF THE CITY OF TIBURON NIENDING SECTION 13 OF THE TIBURON ZONING ORDINANCE
came on for introduction and first reading.
After discussion, the Chair directed this matter to the Lands and
Development Committee for further consideration of the following in
the ordinance~
(C)2., deleting the reference to three feet from the street
right-of-way, and leaving this up to Design Revie\'l Board.
(E) 6., eliminating the reference to drive-in establishments.
(E) 7., reducing the number of spaces required for barber shops.
(E) l3., defining how many feet are required to make a berth.
In regard to paragraph (B), the staff was directed to measure 1,000
feet to determine whether it encompassed th~ distance from the
Windjammer to the Lodge.
Ellinwood asked the committee to also determine whether the ordinance
has been modified in accordance with the contents of the letters dated
June lS, 1970, and July 29, 1970, from the City Attorney to the Plan-
ning Director.
AB 382 Action: Continued to 8/24/70 without
ELIl1INATION OF DEPOSITS reading pending receipt of
FOR CATV-SERVICE - CLEARVIEW letter.
By Bill No. 382 of August 10, 1970, Ordinance 50 N.S. entitled AN
ORDINANCE OF THE CITY OF 'I1IBURON AEENDING ORDINANCE NO. 12 N.S. BY
MODIFYING CERTAIN RATES AND CHARGES PROVIDED FOR IN THE CATV FRANCHISE
TO CLEARVIEW CABLE SYSTEIIS, INC., AND REPEALING ORDINANCE NO. 50 N.S.,
came on for second reading and adoption.
By unanimous consent, further reading of the ordinance was waived and
the ordinance was read by title only.
In response to a question by the Chair, the City Attorney stated l~.
Joseph Sheeks, attorney for Clearview TV, had advised they had never
accepted any deposits, but the letter requested from Clearview by the
council to this effect had not been received.
The Chair directed the matter continued to August 24.
August lO, 1970
1,lINUTES #206 Page 2
AB 385 Action Ordinance No. 52 N.B. adopted.
REZONING~ NNP Rltf'tROAD R/H
A.2, RO.2 R.l & R.3 to i1p1i
By Bill No. 385 of August lO, 1970, an ordinance entitled AN ORDINANCE
OF THE CITY OF TIBURON REZONING CERTAIN PROPERTY FROM A.2, RO.l, RO.2,
R.l and R.3 TO lipli, rezoning the railroad right-of-way to "P" zoning,
came on for second reading and adoption.
The Chair declared the public hearing open and invited statements
from the floor.
By unanimous consent, further reading of the ordinance was waived,
and the ordinance was read by title only.
The ordinance having been so read, it was moved by Fanning, seconded
by Becker, that Ordinance 52 N.S. be deemed to have passed second
reading and adopted; motion carried:
AYES:: COUNCILHEN: Becker, Ellinwood, Fanning, Rice
NOES: COUNCILI-IEN: None
ABSENT: COUNCILHEN: Sennett
AB 360 Action: Ordinance passed first
REZONING, RO.l to reading; comes on 8/24/70
RP, HOUNT TIBURON for adoption.
Irving Houlin, applicant
By AB 360 of August lO, 1970, an ordinance entitled AN ORDINANCE OF
THE CITY OF TIBURON ADOPTING AN RP (PLANNED RESIDENTIAL) ZONING
CLASSIFICATION FOR PROPERTY IN THE hOUNT TIBURON AREA, an ordinance
to rezone property owned by lIr. Irving I.ioulin from RO.l to RP, came
on for introduction and first reading.
The Chair declared the public hearing open.
By unanimous consent further reading of the ordinance was waived,
and the ordinance was read by title only.
The ordinance having been so read, motion 6f the committee that the
ordinance be deemed to have passed first reading, carried:
AYES: COUNCILHEN: Becker, Ellinwood, Fanning, Rice
NOES~ COUNCILEEN: None
ABSENT: COUNCILHEN: Sennett
With the consent of the committee, Ellinwood amended paragraph 6 of
the slope policy to read as follows:
t. 6. The density of development should be based on the
city's slope policy, but the Design Review Board
may use its discretion . II
. .
Motion of the committee that the policy statement, as amended,
regarding this property, be attached to the ordinance when it passes
second reading and forwarded to the Planning Commission, carried:
AYES,: COUNCILHEH: Becker, Ellinwood, Fanning, Rice
NOES~ COUNC ILI~lEN : None
ABSENT: COUNCILHEN: Sennett
AB 393
PO I.lASTER PLAN
EL ~~RINERO CIRCLE
At the request of the applicant, this matter was continued to the
first meeting in September.
August lO, 1970
IJlINUTES # 2 0 6 Page 3
AB 145 Action Ordinanae passed first
PD fJIASTER PLAN reading; aomes on 8/24/70
TIBURON LODGE AREA for adoption.
Fred Zelinsky
By Bill No. 145 of July 13, 1970, an ordinance entitled AN ORDINANCE
OF THE CITY OF TIBURON ADOPTING A PD f'mSTER PLAN FOR PROPERTY BETWEEN
THE TIBURON LODGE M~D BEACH ROAD EXTENSION, came on for introduction
and first reading.
The Chair declared the public hearing open.
RECESS
A recess was taken at 9:30 p~m., the council reconvening at 9:40 p.m.
the roll standing as originally taken.
Mr. William Bremer, attorney for the applicant, questioned whether
a 50-foot right-of-way could be dedicated rather than a 60-foot
right-of-way. In regard to drainage, he stated the proposed plans
will not be creating any additional drainage problems, and the appli-
cant therefore requested the city reconsider their requirement for
additional bonding.
Nr. Willard Rand, archi.tect for the Bank of America Building, spoke
in favor of a 50-foot right-of-way.
By unanimous consent, further reading of the ordinance was waived,
and the ordinance was read by title only.
The ordinance having been so read, it was moved by Rice, seconded by
Fanning, that the ordinance be deemed to have passed first reading
with the following two additional changes: In paragraph 3 under
Conditions, a sentence be added reading: liThe City Council, upon
recommendation from the City Engineer, shall determine whether any
amount of bond be necessary, and, if so, in what amount, at the time
precise plans are considered, should it appear infeasible to con-
struct the necessary drainage facilities.f1
The second change would be a new paragraph.9 under Section B, to
read as follows~ liThe O\vner shall present a covenant running \-lith
the land to provide that, when and if the city determines that public
necessity and convenience so require, the owner will undertake
paving, landscaping and lighting of all or part of the parking
area. I>
The Chair directed the record to show that the intent of the amend-
ment to paragraph 3 is so that the City Council shall, prior to
approving the Precise Plan, make this determination on the grading
and the drainage plan as to whether a bond is necessary in order to
have the necessa=y drainage facilities put in.
At the request of Becker, the Chair directed the City I~nager furnish
the council, prior to second reading, a memorandum concerning the
background on the in lieu bonds.
Question on the motion that the ordinance, as amended, be considered
as having passed first reading, was called, and the motion carried~
AYES:: COUNC ILl !EN : Becker, Ellinwood, Fanning, Rice
NOES: COUNCILI\.lEN: None
ABSENT: COUNCILHEN: Sennett
Mr. Bremer requested a copy of the minutes the ordinance, and the
information on the in lieu bonds.
August 10, 1970
NINUTES #206 Page 4
VI RESOLUTIONS
AB 392 Action: Resolution No. 309 adopted
PD PRECISE PLAN
TIBURON LODGE fJANAGER1S QUARTERS
Fred Zelinsky, applicant
By AB 392 of August lO, 1970, the La~ds and D7velopment Co~ittee
brought before the council a resolut1on adopt1n~ a PO PreC1se Plan
for the addition of manager's quarters to the T1buron Lodge.
~1r. Lee Karney, architect, spoke for the application.
It was moved by Fanning, seconded by Rice, to adopt Resolution 309,
entitled A RESOLUTION OF THE CITY OF TIBURON ADOPTING A PD PRECISE
PLAN FOR THE ADDITION OF rmNAGER'S QUARTERS TO TIBURON LODGE.
With the approval of Fanning, Ellinwood amended the second paragraph
of the resolution to read as follows: II... that it qualifies as a
minor addition to a Naster Plan approved on July 26, 1965;"
Question was called and the motion carried;
AYES: COUNCILtlEN: Becker, Ellinwood, Fanning, Rice
NOES: COUNC I Ll-IEN : None
ABSENT: COUNCILHEN: Sennett
VI I . l'lINUTE ORDERS
AB 388 Action: Bid of Brown-Ely Company
ACCEPTANCE OF BIDS - Street of $21,927.50 accepted.
Maintenance & Overlay 70-T-B
& 70-P-2
AB 388 of August 10, 1970, was introduced containing the bid tabula-
tion for the overlay of Centro East and Centro West Streets, Esperanza
Street and Vistazo West Street.
It was moved by Ellinwood, seconded by Becker, to accept the recom-
mendation of the City Engineer that the Council accept the low bid
of.Brown-~ly Co. in the.amount of $21,921.50, based on the unit
pr1ces pa1d and the eng1neer's estimate of quantities.
Question was called and the motion carried:
AYES: COUNCILlffiN: Becker, Ellinwood, Fanning Rice
NOES ~ COUNCILHEN: None '
ABSENT: COUNCILMEN: Sennett
~A;~; OF HEARING DATES Action: Nine (9) hearing dates set.
By AB 389.of August 10, 1970, the Planning Director brought before
the co~nc1l a s~atus report of current, pending and proposed hearings
regard1ng plann1ng matters at the council level.
By consent the following dates were approved:
Cluster Zoning Ordinance - August 24
Parking & Loading Ordinance - August 24
Tiburon Trails Plan, Ph. II - At Planning Commission
Servant's Quarters in RO.l Zone - September l4
PO 1'.1aster Plan, El l1arinero Circle - September l4
Allow Horses by Use Permit - August 24
Tiburon Blvd. Alignment - at Planning Commission
Rezoning Bodian Property - September l4
Rezoning Casella Property - September 14
August 10 1970
MINUTES #206 Page 5
AB 370 Action Matter remanded to City-
CIVIL DEFENSE DISASTER County Services Committee
ACCREDITATION - ~mRIN COUNTY
AB 370 of August 10, 1970, was introduced containing a letter from
the City of Novato regarding the County of [larin's statement of intent
that the cities of the county proceed with their own plans for civil
defense.
With unanimous consent, the Chair referred this matter to the City
r-1anager, to be directed to the City-County Services Committee of the
Mayors and Councilmen.
AB 386 Action: Suspense calendar adopted
ESTABLISHMENT OF A SUSPENSE with thirteen ( 13) items.
CALENDAR
By AB 386 of August lO, 1970, the City Manager brought before the
council a proposal for the establishment of a suspense calendar.
The Chair directed the chart be broadened to include COlumB$ for
the Planning Commission and the Parks and Recreation Commission, the
department of staff to which the matter has been remanded, suggested
action to be taken, and the date of the last action.
Becker stated he has received a model ordinance from Sanitary District
No. S which will require council action and should be included on
the suspense calendar.
VIII. REPORTS
AB 391 Action: Report required in sixty (60)
REPORTS OF RESIDENTIAL BUILDING days.
RECORDS - REPORT ON PERFOm.mNCE
AB 391 of August 10, 1970, was introduced containing a report on
the effectiveness of Ordinance No. 49 N.S., to be effective July lS,
1970, requiring reports of residential building records as a precedent
of sale of dwellings in the city.
In accordance with the suggestion of the City Uanager, the Chair
directed the Development Administrator subscribe to one of the
abstract services to determine the number of sales made, and furnish
a report on this matter within 60 days.
MUNICIPAL BUDGET 1970-71
Consideration of the budget was continued to Monday, August 17, with
Wednesday, August 19, being set aside for a possible study session.
CASH FLOW STATEHENT FOR HONTH OF JUNE
Ellinwood requested the Cash Flow Statements be reviewed from time
to time, and asked that this be taken up at the next agendaless
meeting.
The Chair accepted the Cash Flow Statement for the month of June by
general consent.
REGISTER OF CLAIMS
Motion of Fanning, seconded by Rice, to approve Register of Claims
No. 72, carried:
AYES: COUNCILHEN Becker, Ellinwood, Fanning, Rice
NOES: COUNCILHEN None
ABSENT: COUNCILHEN Sennett
August lO, 1970
f,flINUTES #206 Page 6
~
IX ITEN NOT ON THE AGENDA
-
FESOLUTION ADOPTED RE DRAINAGE PROBLEM
The Chair reported on the special meeting called Tuesday August 4
for purposes of appropriating up to $25,000 to join with Belvedere in
hiring a special consultant for consideration of the inner city
Reed Basin-downtown drainage problems. He stated both Belvedere and
Tiburon have passed parallel resolutions in this matter, and inter-
views are now being conducted to hire the consultant.
x. QUESTIONS
Vacancy on Parks and Recreation Commission
The Chair stated an appointment will be made to the Parks and
Recreation Commission by the end of August or early September.
Appointment to Downtown Committee
In response to a question by Fanning, the Chair appointed Joseph
Harshall as chairman of the special downtown committee, whose
members were named at the July 27th council meeting.
Jefferson Walkway Construction
There being no objection, the Chair requested the City Engineer to
report on whether an informal :contract could be negotiated only for
the construction of the stairways, and to what extent stairways only
would constitute a safety hazard.
Clearview Cable TV Analysis
In response to a question by Ellinwood, the City Manager responded
that a consultant had been retained to analyze the Cable TV of 11arin
application for a franchise and his report would be available for
the meeting of the 24th of Augustp
Random Parking on Private Property, Downtown
The memorandum from the Planning Director to the City l>lanager regard-
ing unauthorized parking on private property in the downtown area
was ordered placed on the agenda for the 17th of September for dis-
cussion by the City Council.
Codification of Ordinances
To a question from Ellinwood, the City Manager responded that a
biannual codification of ordinances is budgeted for in the proposed
1970-7l municipal budget.
Hazards to Cyclists on Tiburon Boulevard
Discussion was had arising from recent accidents to cyclists, as to
the necessity of,. prohibiting bicycling on Tiburon Boulevard.
Complaints about Foot Race
Becker raised questions concerning complaints that during a recent
marathon footrace through Tiburon, restrooms were not open and no
police protection was provided. Upon hearing staff response to the
questions that no notice of the race had been given, nor had a permit
been sought, it was proposed by Becker that the sponsors be notified
that the City could cooperate only if requests were properly made.
August 10 1970
HINUTES #206 Page 7
XI ADJOURNI"IENT
It being now the hour of ll:50 p~rn., August 10, 1970 and there
being no further business to corne before the council the Chair
declared the meeting adjourned to nonday, August 17, 1970, at
7 ~ 30 p.m., in memory of Judge Harold J. Haley.
~ 9'.~
\ .-/"
........
LA E, City Cle:
Approved by the City Council on:
1970.
URON
August 10, 1970
HINUTES #206 Page 8
.j
CITY COUNCIL
CITY OF TIBURON
I CALL TO ORDER
Notice of special meeting having been duly issued, the meeting of
the City Council, City of Tiburon, State of California, was called
to order by Mayor Denis T. Rice at 8:19 p.m., August 17, 1970, in
the City Hall Offices.
II. ROLL CALL
PRESENT: COUNCILMEN: l1ayor Rice, Becker, Ellinwood, Fanning, Sennett
ABSENT: COUNCILMEN: None
EX OFFICIO: Lawrence D. Ro s e , City Manager
Robert L. Kleinert, Ass't City Hanager
Louis Brunini, Sup t . of Public Works
Ray H. Foreaker, Jr. , City Engineer
III. SUSPENSION OF THE ORDER OF BUSINESS
The Chair referenced a recent letter from Mr. Atkinson, President of
the Reedland Woods Homeowners Association, concerning the energization
of the existing street lights in the Reedland Woods area. After the
various aspects and considerations were discussed concerning the exist-
ing light standards, different types of bulbs and the city's present
atreet lighting policy~ Ellinwood suggested the present lights be
personally inspected and the matter analyzed by the Public Services
Committee. Rice remanded the matter to the Public Services Committee
to be brought back in September.
IV. COUMITTEE OF THE WHOLE
The Chair recessed the City Council thereafter to stand convened as
a Committee of the Whole for the purpose of the budget review. Upon
complet~on of consideration of the proposed budget, the Committee of
the Whole was adjourned and the City Council was reconvened.
v. ADJOURNUENT
It now being the hour of 11:05 p.m., August 17, 1970, and there being
no further business to come before the Council, the Chair declared
the meeting adjourned to August 19, 1970.
0
~ )/-
,C~ (2 ---"
ity Clerk -
Approved
, 1970.
~-~
MAYOR OF THE CITY OF TIBURON
August 17 1970
!1INUTES #207
J
CITY COUHCIL
CITY OF TIBUrrON
I CALL TO ORDER
-
The meeting of August 17, 1970, having been adjourned to this time
the meeting of the City Council was called to order by Mayor Denis T
Rice at 8:00 p.m. in the Council Chambers of the City Hall.
II. ROLL CALL
PRESENT: COUNCILMEN: Hayor Rice, Becker, Ellinwood, Fanning,. .
Sennett
ABSENT: COUNCIL~!EN : None
EX OFFICIO: Lavlrence D. Rose, City Manager
Louis Brunini, Supt. of Public Works
III. COMMITTEE OF THE WHOLE
The Chair recessed the City Council to stand convened as a Committee
of the Whole for the purpose of continuing review of the proposed
budget for the fiscal year 1970-71. At the conclusion of the deliber-
ations of the Committee, it '(-1as adjourned and the City Council was
reconvened.
IV. ADJOURNHENT
It being the hour of 11:10 p.m., August 19, 1970, and there being
no fur:her business to come before the Council, the Chair declared
the meeting adjourned sine die.
/~
(,.. LA E -
Approved by the City Coun~.~ on~
I
September 14 ~. 1970
HAYOR TIBUROH
NINUTES 11 208 August 19 1970
August 24,
Page 2
AYES:
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILHEN
MINUTES
Becker
None
None
11209
1910
,
At the suggestion of the City Attorney, Ellinwood changed her
with the approval of Sennett, that the ordinance, as amended,
considered to have passed first reading. Motion carried:
Ellinwood
,
Fanning
,
Rice,
Sennett
motion,
be
AYES:
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
Becker
None
None
,
Fanning
,
,
Ellinwood
Question was called on the motion of Rice to amend the ordinance,
and the motion carried
Rice
Sennett
Mr. Bremer
tion.
stated for the record
In response to a question by the City Manager, the Chair asked the
record to reflect he is referring to an original, first-user drainage
assessment district.
,
he takes exception to this condi-
.fIlO. The City Council may require a covenant running
with the land that the owner of the land shall not protest
any formation of a drainage assessment district which
includes any or all of the subject property.u
It was moved by Rice
adding Condition 10,
seconded by Fanning
as follows:
,
It was moved by Ellinwood, seconded by Sennett, to amend the ordi-
nance on page 1 under Section 1.B.l.a., by deleting the last three
lines and adding the words nin width" to line 5, ending the para-
graph with :7right -of-way shall be 60 feet in width.:1 With this
amendment, Ellinwood moved, seconded by Sennett, that the ordinance
be adopted. .
,
to amend the ordinance by
By unanimous consent,
and the ordinance was
further reading of the ordinance was
read by title only.
waived
In response to a question by Mrs. M. H. Price, Mr. Lee Karney,
teet for the applicant, assured Mrs. Price the proposed plans
called for improving the back side of the Lodge.
,
archi-
Mr. Stanley Rnln, engineer for the applicant, requested the ordi-
nance not specify a 60-foot right-of-way, but that he be allowed
to prepare a design to present to the council for their approval.
In regard to drainage, he reitereated Mr. Bremer's request that the
applicant not be required to post a bond.
Mr. Clarence Bullard spoke in favor of Mr
required to post a drainage bond.
Zelinsky'
Mr. William Bremer, attorney for the applicant, requested posting
of a bond not be required of Mr. Zelinsky at this time, but at such
time as the city forms a drainage assessment district, he will be
willing to pay llifi pro rata share. He further requested latitude
of flexibility in design, particularly with respect to the Beach
Road dedication.
s being
The Chair declared the public hearing open
By Bill No. 145 of August 24, 1910, an ordinance entitled AN ORDINANCE
OF THE CITY OF TIBURON ADOPTING A PD MASTER PLAN FOR PROPERTY BETWEEN~
THE TIBURON LODGE AND BEACH ROAD EXTENSION, came on for second read-
ing and adoption.
AB 145
PD MASTER PLAN
TIBURON LODGE AREA
Fred Zelinsky, Applicant
Action
Ordinance amended, returned
to first reading status and
80 passed; comes on 9/14/70
for second reading and adoption.
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 8:02 p.m.)
August 24, 1970, in the City lIall Council Chambers.
II. ROLL CALL
PRESENT : COUNCIUlliN: Mayor Rice, Becker, Ellinwood (8:07), Fanning,
~cr.n8tt
ABSENT: COUNe IL~.:E~J : NO:1C
EX OFFICIO: Lawr~nce D. Rose, City Manager
Robert L. Kleinert, Assistant City Manager
Richard H. Breiner, Deputy City Attorney
Wayne E. Moody, Planning Director
R~y W. Foreaker, Jr., City Engineer
Phil V. Scott, Development Administrator
Louis V. Brunini, Superintendent of Public
Services
Hellen K. Hecht, Minute Clerk
III. APPROVAL OF MINUTES
No. 205 Action: Appl'oved.
With unanimous consent, the Chair ordered reading of Minutes No. 205
of August 4, 1970, waived, and directed that the minutes be approved.
No. 205 Action: Appl'oved.
W~th unanimous consent, the Ch~ir ordered reading of Minutes No. 206
of August 10, 1970, waived and directed that the minutes be approved.
IV.. CONSENT CALENDAR
Nothing on consent.
V. 03.DINANCES
AB 360 Action: Ordinance No. S3 N.S.
U:ZONING RO.1 TO RP adopted; effective in
IT'. TIBURON 30 days.
By Bill No. 360 of August 24, 1970, an ordinance entitled AN ORDINANCE
OF THE CITY OF TIBURON ADOPTING AN RP (PLANNED RESIDENTIAL) ZONING
CLASSIFICATION FOR PROPERTY IN THE MOUNT TIBURON AREA, an ordinance
to rezone property owned by Mr. Irving Moulin from RO.1 to RP, came
on for second reading and adoption.
The Chair declared the public hearing open and invited statements from
t he floor.
By unanimous consent, further reading of the ordinance was waived and
the ordinance was read by title only.
The Planning Director stated the policy statement approved at the
August 10th meeting has now been attached to the ordinance.
The ordinance having been read by title only, it was moved by
Sennett, seconded by Becker, that Ordinance No. 53 N.S. be deemed to
have passed second reading and be adopted. Motion carried:
AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett
NOES: COUNCILMEN: None
ABSENT COUNCILMEN: None
August 24, 1970
MINUTES 1/209 Page 1
RECESS
A recess was taken at 8:55 p.m., the council reconvening at 9:06 p.m.
the roll standing as originally taken.
AB 327 Action: Ordinance passed fipst read-
AMEND Z~~ING ORDINANCE ing; comes on 9/14/70 for
TO ALLOW CLUSTERING IN adoption.
RESIDENTIAL ZONES
By Bill No. 327 of August 24, 1970, an ordinance entitled AN
ORDINANCE OF THE CITY OF TIBURON ESTABLISHING COMBINED C DISTRICTS,
came on for introduction and first reading.
The Chair decln~cd the public hearing open.
By unanimous consent, further reading of the ordinance was waived,
and the ordinance was read by title only.
The ordinance having been so read, it was moved by Fanning,
seconded by Becker, that the ordinance be deemed to have passed
first reading.
Mr. Allan Thompson, Planning Commissioner, spoke for the ordinance.
Question was called and the motion to consider the ordinance as
having passed first reading, carried:
AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AB 367 Action: Ordinance passed first read-
APPLICATION, CATV FRANCHISE, ing after amendment.
CABLE TV OF Ml~RIN
By AB 367 of August 24, 1970, an ordinance entitled AN ORDINANCE
OF THE CITY OF TIBURON GRANTING A FRANCHISE TO CABLE TV OF MARIN,
INC., A CORPORATION, TO CONSTRUCT, OPERATE AND MAINTAIN A
COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN CERTAIN AREAS OF THE CITY
OF TIBURON, c~me on for introduction and first reading.
The Chair declared the public hearing open.
Mr. Robert Lewis, of Cable TV of Marin, Inc., spoke supporting the
franchise.
It was moved by Sennett, seconded by Ellinwood, to amend the
ordinance by inserting the word Hmaximum" before the words
"installation charge'" in the following three places: On page 1,
under Section 3, I.A.; on page 2, II.B.1.; and again at III.A. on
page 2. Each place should read ;'Maximum Installation Charge."
Also, on page 2, under II., Unusual Installations, it should read:
JlThere may be additional charges. . ."
Question was called and the motion to amend carried on a voice vote.
The Chair ruled the motion was in order and properly carried.
There being no objection, further reading of the ordinance was waived,
and the ordinance was read by title only.
It was moved by Fanning, seconded by Ellinwood, that the ordinance,
as amended, be considered as having passed first reading.
In response to a question by Fanning, the Deputy City Attorney
stated the City Code provides if there is undergrounding, it will
be done at the expense of the franchisee, and there will be no
additional charge to the subscriber. August 24, 1970
MINUTES 41209 Page 3
Motion of Sennett, seconded by Ellinwood, that the service charge
for the second outlet be reduced to $1 per month to bring it into
conformity with the charges being made by the present franchisee,
carried:
AYES: COUNCILMEN: Ellinwood, Fanning, Sennett
NOE S : COUNCILl'1EN: Becker, Rice
ABSENT: COUNCILNEN: None
The Chair directed the applicant to attempt to comply with the
suggestions ronde in the report of Mr. R. A. Isberg, consultant,
and before this ordinance can pass second reading, a letter of
commitment by Ccble TV of Marin must be received by the City of
Tiburon.
The City Attorney suggested the following words be added to page 3,
Section 7, line 6, after the word I!thereofll: ". . . and with
Exhibit A attached hsreto," Exhibit A being the report of Mr. R. A.
Isberg, P.E.
There being no objection, with unanimous consent, the Chair directed
the ordinance Drrended cs suggested by the City Attorney.
Question was called on the motion of Fanning that the ordinance,as
amended, be deemed to have passed first reading. Motion carried:
A YES : COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett
NOES: COUNCILl1EN: None
ABSENT: COUNCILMEN: None
AB 261 Action: Sent to Planning Commission.
PROPOSED ORDINAUCE TO
AMEND TIm ZONING ORDINANCE
TO ALLOW THE KEEPlt~G OF HORSES
BY USE PERMIT
The Chair declared the public hearing opened and remanded the matter
to the Planning Commission.
AB 374 Action: Continued to 9/14/70.
PROPOSED AMEND~ffiNTS TO
PARKING AND LOADING ORDINANCE
The Chair declared the public hearing opened and continued the
matter to Septe~ber 14th.
VI. RESOLUTIONS
AB 389
STATUS OF HEARING Dl\TES
This matter was continued.
1970-71 MUNICIPAL BUDGET Action: Budget adopted.
The Chair introduced the 1970-71 municipal budget as reported out by
the committee of the whole.
It was moved by Fanning, seconded by Sennett, to adopt Resolution
310, adopting the 1970-71 Municipal Budget.
It was moved by Rice, seconded by Becker, that the sum of $300 be
put into Function S under Program Development to fund Parks and
Recreation Senior Citizens Program.
Mr. Clarence Bullard spoke in support of the Senior Citizens Program.
To a question by Hr. Ste~Jart Hopkins, the Chair responded the tax
rate would go up from 65~ to 80C.
August 24, 1970
MINUTES /}209 Page 4
MINUTES
If 209
August 24
Page 5
It was moved by Rice,
Project A from $3,000
seconded by
to $10,000,
Fanning,
and that
,
to increase the amount of
the project calling for
1970
Sennett expressed his confidence in the joint committee's report
of Belvedere end Tiburon, but voted against the amendment as he
feels in lieu funds can be used.
AYES:
NOES:
ABSENT
COUNCIUfEN
COUNCILMEN
COUNCILMEN
.
.
.
.
.
.
Becker,
Fanning
None
Ellinwood
Rice, Sennett
After discussion,
It was mc.~d by Ellinwood, seconded by Becker, that the budget be
increased on page 22, Project A, Reed and Downtown Drainage Project,
from $3,000 to ~15,000.
question was called and the motion failed
Mayor Ed Drccllsel or Belvedere stated Belvedere has passed approxi-
mately $27,500 for a specific drainage project, and from that amount
$2500 will go for the hiring of a consulting engineert along with
Tiburon. The Selections Committee had recommended Mr. Milton Hudis
of Santa Rosa as the consulting engineer. There being no objection,
the Chair directed an appropriate resolution be brought in for the
next meeting to confirm this appointment for formal adoption.
In regard to a letter from the City Attorney requesting an interpreta-
tion of the agreement entered into between Mr. Zelinsky and the city
in 1965 relating to the Safeway and the Lodge property, the City
Attorney stated if the city decides, it may use the in lieu funds
which are on deposit for any flood control and storm drainage
facilities which are not necessarily permanent or long range and
permanent.
There being no objection~
phrase "with MCTS, Inc.,'
the Chair directed the deletion of the
and a period go after the word "contract
"
In regard to p3ge 12, the $6,000 allocation to the Marin County
Transit Systems, Inc., Ellinwood asked that the record show that the
money is to b2 allocated on a monthly basis of $600 per month; and
should they be unable to perform the services, the funds should not
go into the General Funds, but should be allocated to the Land
Acquisition Fund.
AYES:
NOES:
ABSENT
COUNCILMEN:
CCU~!CILlvIEN :
COUNCILNEN:
Becker
None
None
Ellinwood
It was moved by Ellinwood, seconded by Becker, that a new Project
be added on page 27, Street Betterment Projects, and that it be
labeled Installation, sidewalk, 1700 Mar West Block, $1700, funded
$850 from gas tnx Qnd $850 from other sources; i.e., property
owner. Motion carried:
,
Fanning,
Rice
,
Sennett
AYES:
NOES:
ABSENT
COUNCILHEN:
COUNCILl'1E:'-! :
CCUNGILi1El1 :
Becker
None
::J 0 ne
,
Fanning
,
,
Sennett
J
,
It was moved by Ellinwood, seconded by Sennett, that the three
specific amounts of P~ojccts I, J and K in the amount of $3200 be
deleted, and that a total of $500 be inserted in their place under
Project I, for curb and gutter repair. Motion carried
Ellinwood
Rice
AYES:
NOES:
ABSENT
COUNCILHEN
COUNCII11EN
COUNCILYiEN
.
.
.
.
.
.
Becker
Nome
~,"'"
tJone
Ellinwood
Question was called on the motion to amend the resolution by includ-
ing the money for the Senior Citizens, and the motion carried:
,
Fanning
,
Rice
,
Sennett
$2500 funding of the drainage consultant in C 21, be amended **
to delte $2500 from general funds, thereby~ &.it l'lil1 come out
of the encumbered moneys. Motion carried:
AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Rice
NOES: COUNCILMEN: Sennett
ABSENT: COUNCILMEN: None
Fanning furnished the coucaittee with figures for replacing equipment
in the future, which should be included in future budgets so that
there will be funds specifically set aside for that equipment.
Fanning asked the record to reflect he opposed the nine trips for
councilmen and cOM~issioncrs to San Diego.
Question was nm~ called on the adoption of Resolution 310, and the
motion carried:
AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILNEN: None
AD VALOREM \X RATE FOR 1970-71 Action: Rate sent at .800 cents.
It was moved by Fanning, seconded by Sennett, to adopt Resolution
311 setting the Ad Valorem tax rate for 1970-71 at .BOOe per each
one $100 of assessed valuation of said property as it appears on
the current assessment role. Motion carried:
AYES: COUNCILMEN: Becker, Ellinwood, F~nning, Rice, Sennett
NOE S : COONe ILMEN : None
ABSENT: COUNCILMEN: None
VII. MINUTE ORDERS
AB 396 Action: Matter continued to 9/28/70.
APPLICATION FOR EXTENSION
OF TEMPORARY USE PERMIT FOR
NWP RR PARKING LOT
AB 396 of August 24, 1970, was introduced containing the applica-
tion by the Northwestern Pacific Railroad for a temporary use
permit to o~rate a parking lot at 1691 Tiburon Boulevard.
Mr. Dale Fensterbush, agent for the NWP Railroad, indicated to the
Deputy City Attorney the railroad is not willing to pave the entire
lot, as required by the city in 1969, but would repair the gravel
paving where chuckholes appear, will repair the fencing in front,
and will replace shrubs in front.
The Chair directed that unless the railroad can show substantial
compliance with surfacing and with repair of the fence on or before
Septemb€ 28, that no permit will issue and the city will close
the lot.
MEMO RE: PARKING DO\-JNTOWN Action: Continued.
RAILROAD PROPERTY
Continued.
VIII. REPORTS
AB 397 - AYALA DAY
- CITY ENGINEER'S MONTHLY REPORT, July 1970
- HILARITA-REED SCHOOL PARK ACQUISITION COMMITTEE
With unanimous consent, the Chair directed the above reports accepted.
MINUTES {f209 August 24, 1970
Page 6
** Correction to the minutes
See Minutes 11211 ,)$
AB 395 Action Matter continued.
VOTING DELEGATES TO
CONFERENCE LEAGUE OF CALIFORNIA CITIES
Continued.
IX. ITEM NOT ON THE AGENDA
Joint Powers Agreement
It was moved by Rice, seconded by Sennett, that the council approve
the hiring of Mr. Milton Rudis, Civil Engineer, as the consultant
on the Tiburon-Belvedere Drainage problem; and that the Mayor be
authorized to sign contracts with the City of Belvedere and the
consultant.
Motion carried on a voice vote.
X. QUESTIONS
Municipal Budget
Ellinwood questioned whether future budgets could be presented at an
earlier date so that certain items such as the police services could
be studied in more detail. She expressed concern with the com-
mittee system and suggested a committee of the whole consider the
budget as it comes from staff in the future.
A2endaless Meeting
The Chair set September 21 at 8:00 p.m., for the next agendaless
meeting.
XI. ADJOURNMENT
It being now the hour of 12:07 p.m., August 24,1970, and there
being no further business to come before the council, the Chair
declared the meeting adjourned sine die.
~ ?
~~.-
City Clerk
Approved by the City CQunc~l on:
/
_' 1970.
----.
: BUR ON
August 24, 1970
MINUTES {f209 Page 7
J
CITY COUNCIL
CITY OF TIBURON
I CALL TO ORDER
Pursuant to notice of a special meeting having been duly issued by
the Hayor, the meeting of the City Council was called to order by
Mayor Rice at 1:35 p.m., and the roll was taken.
II. ROLL CALL
PRESENT: COUNCILUEN: Mayor Rice, Ellinwood, Se~Qett
ABSENT: COUNCIL~tEN : Becker, Fanning
EX OFFICIO: Lawrence D. Rose, City Manager
Ray U. Foreaker, Jr. , City Engineer
III. AWARD OF CONTRACT
MAR WEST SLIDE REPAIR
PROJECT M-10-13
A quorum being present, the City Engineer laid before the City
Council the bids received for the repair of the slide on Mar West
Street, Project H-70-13. The bid of Ghilotti Bros., Inc. was in the
~mount of $13,170. The bid of D. Venturini Trucking & Grading
Company, Inc. was in the amount of $10,540.
Motion of Ellinwood, seconded by Sennett, to accept the bid of
D. Venturini Trucking & Grading Company, Inc. carried unanimously.
IV. ADJOURNHENT
There being no further business ~erm1tted under the call for special
meeting, the meeting was adjourned at 1:38 p.m.
~ -
Approved by the City Council on:
1970.
UINUTES 11210 September 3 1970
J
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 7:33 p.m
September 14, 1970, in the City Hall Council Chambers.
II. ROLL CALL
r
PRESENT: COUNCILMEN: Mayor Rice, Becker, Ellinwood (7:37),
Fa~ning, S2nnett
ABSENT: COUNCILi'\1EN: None
EX OFFICIO: Lawrence D. Rose, City Manager
Robert L. Kleinert, Assistant City Manager
Robert I. Conn, City Attorney
Wayne E. hoody, Planning Director
Rny H. Foreaker, Jr., City Engineer
Phil V. Scott, Development Administrator
Louis V. Drunini, Superintendent of Public
Works
Hellen K. Hecht, Minute Clerk
):11. APP~OVAL OF MINUTES
No. 207 Action: Approved.
With unanimous consent, the Chair ordered reading of Minutes No. 207
of August 17, 1970, waived, and directed that the minutes be approved
No. 208 Action: Approved.
With unanimous consent, the Chair ordered reading of Minutes No. 20a
of August 19 waived, and directed that they be approved.
No. 209 Action~ Approved with corrections.
Becker requested Minutes No. 209 be corre~ted on page 6, paragraph. 1,
line 2, to read: n. . . therehy j.ndicating it 1o1il1 come out . . ."
With unanimous consent, the Chair ordered reading of Minutes No. 209
of August 24, 1970, waived, nnd directed that the minutes be approved
as corrected.
IV. COl1SENT CALENDAR
--...---,-
Becker requested AB 395 - Voting Delegates to Conference, League of
California Cities, be removed f~om the Consent Calendar in that the
bill called for an appointment by the Mayor of a delegate to the
Conference League. At the suggestion of Fanning, the matter was
left on the Consent Calendar, with the understanding the appoint-
ment would be made by the Mayor, at his discretion, at such time as
it has been determined who will be attending the Conference
League of California Cities.
After remanding one item from the Consent Calendar to the General
Calendar, it was moved by Fanning, seconded by Becker, that the
Consent Calendar, consisting of the following items, be adopted:
AB 395 - Voting Delegates to Conference League of Calif. Cities
AB 399 - Landscape Architect - E1 Marinero, AD Authorized Retention
- Status of Hearing Dates
- Department of Urban Development August report
- City Engineer's Monthly Report August 1970
\
September 14, 1970
MINUTES 1/:211 Page 1
There being no objection, the Chair declared the Consent Calendar
adopted by unanimous consent, with Ellinwood abstaining.
v. ORDINANCES
AB 145 Action: Ordinance No. 54 N.S.
PD MASTER PLAN, adopted; effective in
TIBURON LODGE AREA 30 days.
Fred Zelinsky, applicant
By Bill No. 145 of September 14, 1970, an ordinance entitled AN
ORDINANCE OF THE CITY OF TIBURON ADOPTING A PD MASTER PLAN FOR
PROPERTY BETtVEEN TIlE TIBURON LODGE AND BEACH ROAD EXTENSION, having
passed first reading on August 24, 1970, came on now for second
reading and adoption.
Mr. William Bremer, representing the applicant, indicated the
applicant was in agreement with the ordinance and urged it pass
second reading.
By unanimous consent, further reading of the ordinance was waived,
and the ordinance was read by title only.
The ordinance having been read by title only, it was moved by
Fanning, seconded by Becker, that Ordinance No. 54 N.S. be deemed to
have passed second reading and be adopted. Motion carried:
AYES: COUNCILl'1EN: Becker, Ellinwood, Fanning, Rice, Sennett
NOES: COUNC ILI\ffiN : None
ABSENT: COUNCILHEN: None
AB 327 Action: Ordinance No. 55 N.S.
AMEND ZONING ORDINANCE TO adopted; effective in
ALLOW CLUSTERING IN 30 days.
RESIDENTIAL ZONES
By Bill No. 327 of September 14, 1970, an ordinance entitled AN
ORDINANCE OF THE CITY OF TIBURON ESTABLISHING COMBINED C DISTRICTS,
having passed first reading on August 24, 1970, came on now for
second reading and adoption.
In response to a question by Mrs. M. H. Price, the Planning Director
responded the Cluster Ordinance would apply to all areas of Tiburon,
wherever there were residential zones and lands to be developed.
By unanimous consent, further reading of the ordinance was waived,
and the ordinance was read by title only.
The ordinance having been read by title only, it was moved by Fanning,
seconded by Becker, that Ordinance No. 55 N.S. be deemed to have
passed second reading and be adopted. Motion carried:
A YES : COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AB 367 Action: Ordinance No. 56 N.S.
APPLICATION CATV FRANCHISE - adopted; effective in
CABLE TV OF MARIN 30 days. Request for
amendments to O~d. No. 1 2 N.. S .
By Bill No. 367 of September 14, 1970, an ordinance entitled AN
ORDINANCE OF THE CITY OF TIBURON GRANTING A FRANCHISE TO CABLE TV
OF MARIN, INC., A CORPORATION, TO CONSTRUCT, OPERATE AND MAINTAIN
A COMMUNITY ANTENNA TELEVISION SYSTEM lITTHIN CERTAIN AREAS OF THE
CITY OF TIBURON, having passed first reading on August 24, 1970,
came on now for second reading and adoption.
MINUTES 11211 September 14, 1970
Page 2
By unanimous consent, there being no objection, the Chair directed
the City Manager to bring in an amendment to Ordinance No. 56 N.S.
which would specify deletions of the Greenwood Beach area from
Section 2, and that the City Manager should bring in a proposed
amendment to the basic enabling legislation, Ordinance No. 12 N.S.,
from the City Attorney, which would have a permissive clause
allowing the City Council on such grounds and in such non-
discriminatory matter that the City Attorney finds appropriate, to
have a lower annual fee than $1200. The Chair stated it had been
the intention of the Council not to incorporate as Exhibit A the Isberg
letter, but the }'Technical Appendix" as recommended by Consultant
Isberg. September 14, 1970
#211 Page 3
MINUTES
AYES:
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
Becker
None
None
,
Fanning
)
Rice
,
Sennett
Ellinwood
The ordinance having been so read, question was called on the motion
to adopt Ordinance No. 56 N.S., and the motion carried
By unanimous consent,
and the ordinance was
further reading of the ordinance was
read by title only
waived
In response to a question by Mr. Allan Thompson as to undergrounding
Fanning responded this was covered in the Code.
In answer to a question by the City Manager, Mr. Pace stated an
encroachment agreement with the City of Tiburon allowing Cable TV
of Marin to come through the Greenwood Beach area for their
transmissions to Belvedere would meet the requirements of the
telephone company the same as having a franch~e.
,
Mr. Robert Pace of Cable TV of Marin stated they were not interes~d
in competing with Clearview but were asking for a franchise in
areas they could serve better, and were asking that the Greenwood
Beach area be deleted from their franchise. In response to a
question by the Chair, Mr. Pace stated once the franchise is
granted by the city, there will be a delay in laying the wire as
they will have to apply to the telephone company for permission to
use their poles.
Mr. Joseph Sheeks, representing Clearview Cable TV, protested
Cable TV of Marin being granted a franchise in the Greenwood Beach
area where Clearview is already serving. Mr. Bergseth of Clearview
TV stated they have no connections in the Greenwood Beach area but
the line is strung and the service is available.
The
No.
Public
56 N.S
.
Services Committee moved and seconded that Ordinance
be deemed to have passed second reading and be adopted
Ellinwood stated the Public Services Committee had not met on this
matter, but she proposed the following three points for consideration
(1) the city should maintain the $1 charge; (2) in order not to delay
service for the people anxious to get it, she recommended adopting
the ordinance in its present form, and then formulating a memorandum
of understanding before the end of the calendar year which would
revise the enabling legislation to provide a permissive clause by
which the City Council could, at its discretion and for unique,
unusual circumstances, adjust that figure, which is presently a man-
datory figure; (3) a technical appendix be adopted which would be
separate from the ordinance but would be referred to in the ordinance
and this would be reviewed periodically and revisions made. Sennett
concurred with Ellinwood in these suggestions. The City Attorney
stated Section 9-l4(d), of the City Code, indicated a power of the
council to amend the ordinance in such areas as the amount of the
fee, enacting performance standards, and other areas.
The City Manager explained the applicant had indicated concern over
the change in the monthly service fee from $1.50 to $1.00, and also
requested the franchise payment of $1200 to the city be reduced.
MINUTES
/1211
September
Page 4
14,
There being no objection, with general consent, the Chair instructed
the Assistant City Manager to take any and all appropriate steps to
see what license or consent he can get from property owners involved
for the right of entry on private property.
1970
Becker pointed out the agreement to be signed by the Mayor also
serves to work the wording of the terms in it as a joint powers
agreement.
It was moved by Ellinwood, seconded by Fanning, that the Chair
have the authority, subject to such further changes as might be
necessary from the standpoint of Belvedere and/or the City Attorney
to use its discretion in executing the agreement. The motion
carried on a voice vote.
,
Mr. Milton Hudis stated he had been working on the problem for two
weeks and his present analysis of what can be done immediately to
alleviate the downtown problems would be to deepen the old pond
behind Safeway and try to get that water direct to the straights
to the south; there is no short-term solution for the Reed Basin
or the other side of Belvedere. He is attempting to contact the
Soil Conservation Service and will report further on this after
he has met with them.
The Chair called upon Mr. Milton Hudis, Civil Engineer, consultant
on the Tiburon-Belvedere drainage problem, to give a preliminary
report
Belvedere-Tiburon Drainage Studies
VI.
A recess was taken at 8:45 p.m., the council
p.m., the roll standing as originally taken.
ITEMS NOT ON THE
AGENDA
reconvening at 8:57
AYES:
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
Becker
None
None
RECESS
The ordinance having been so
Fanning, seconded by Sennett
deemed to have passed second
carried:
,
Ellinwood
read by title only, it was moved by
that Ordinance No. 57 N.S. be
reading and be adopted Motion
,
Fanning,
Rice
,
Sennett
By unanimous consent further reading of the ordinance was
and the ordinance was read by title only.
The Chair declared the public hearing open and
from the floor.
waived
invited
By Bill No. 382 of September 14, 1970, Ordinance 57 N.S. en~ltled
AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO. 12 N.S
BY MODIFYING CERTAIN RATES AND CHARGES PROVIDED FOR IN THE CATV
FRANCHISE TO CLEARVIEW CABLE SYSTEMS, INC., AND REPEALING
ORDINANCE NO. 50 N.S., came on for second reading and adoption
statements
,
AB 382
ELIMINATION OF DEPOSITS
FOR CATV SERVICE - CLEARVIEW
Ordinance
adop te d_~
30 days.
No. 57 N
e ffe ati ve
s.
in
Action
The Chair further directed that the amendments include that the
HTechnical Appendixll not be a part of the ordinance but will be
the administrative guidelines for all cable television operating
within the City of Tiburon and the ordinance should be reworded
from 'lattached heretoH to llknown as n, on page 3, Section 7, line 6
of the Ordinance.
Parks and Recreation Commission Authority to
Prepare the Parking Open Space and Recreation
Element of the Gen~r31 Plan
-. ....-.-
Mr. Donald Loomis of the Parks and Recreation Co mission presented
a resolution empo~2ring and instructing that Commission to prepare
the park, open space and recreation element of the general plan.
Motion of Rice, secondGd by Fanning, to adopt Resolution No. 312
empowering the Planning CCillmission and the Parks and Recreation
Commission to prepare jointly a park open space and recreation ele-
ment of the genernl pInu, cn~ricd on a voice vote.
V n ORDINJ,L\..NCES
-_0-:---"'--
AB 393 Action: Remanded to Lands &
PD MASTER PLAN, Development Committee;
MARINERO CIRCLE to be brought baak 9/28/70.
NORTH BAY PROPERTIES, l1JC"
By Bill No. 393 of: Septe~uer 10, 1970, ~n ordinance entitled AN
ORDINANCE OJ? THE'~ITY Ol TIDURON ADOPTING A PD MASTER PLAN FOR
PROPERTY ON ~\RINERO ~IRCLE, C~ilie on for introduction and first
reading.
Mr. John Hoffmire, the (.~pplicant, stated because of financing he is
changin~ freD 8'8 and 6's to 5 units in a building,and a slight
change 1.n building location and ro&d alignment will be made. He
would be willing to submit 8 new master plan even though they are
not changing the concept.
After considerable discussion about the density, Becker assured
Mr. Hoffmirc if the Lande cnd Develop~ent Committee can read an
affirmative 3nswer as findings for points 1 a. through d. and 2.,
under the prospective ordinance, they VJou1d agree with the
Planning Commission in wpproving 38 units.
The Chair directed the matter to co~mittee, to be returned
September 28.
402 Action: Remanded to Lands &
REZONING BODIAU PROPERTY -.. ''''_.--~-- Development Committee.
By Bill No. 402 of September 14) 1970, an ordinance entitled AN
ORDINANCE OF r:IE CITY OF TIBUROi~ CORRECTING THE ZONING MAP BY
CHANGING ZONING or A PORTION OF IPill BOD IAN PROPERTY FROM RO.l TO
RO.2 came on for introduction and first reading.
After discussion, with general consent, the Chair directed this
matter in COffiillittee until the Derryberry matter is before the
council.
AB 403 Action: Remanded to Lands &
REZONING CASELLA PROPERTY Development Committee.
This matter v;as directed to the Lands and Development Committee.
AB 374 Action: Continued to 9/28/70.
PROPOSED AMENDHENTS TO -......-
PARKING & LOAD~NG ORDINANCE
By Bill No. 374 of September 14, 1970, an ordinance entitled AN
ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S.,
THE TIBURON ZONING ORDINANCE BY PROVIDING FOR THE ISSUANCE OF
CONDITIONAL USE PERMITS IN THE RO-l ZONE, came on for introduction
HINUTES f/2ll September 14, 1970
Page 5
MINUTES
11211
September
Page 6
14,
It was moved by Becker, seconded by Rice, that the motion be amended
to establish a test period of six months, at which time the committee
findings and the effectiveness of this whole matter could be reviewed.
The motion to amend carried on a voice vote.
1970
The City Manager stated if all the lights were energized in the
Reed1and Woods Unit, this would provide the highest level of street
illumination in the City of Tiburon. Sennett felt there is enough
flexibility that adjustments could be made
Becker objected to the motion, feeling this situation
could be setting a precedent for responding to other requests
for lights throughout the city.
Mr. Stewart Hopkins suggested the council look into more
sophisticated lighting for the area. Mr. Conrad responded PG&E
had found mercury vapor economical and replacement of bulbs easily
accomplished.
Mr. Conrad of PG&E agreed to the conditions and requested a letter
of instruction from the city to that effect in order that the city
can be billed.
It was moved by the Public Services Committee that the council
authorize PG&E to energize the street lamps within the Reed1and
Woods Subdivision subject to the following conditions: (1) that
the lamps be incandescent of 4,000 lumens; (2) that masking of
these lamps be undertaken so that the glare will not intrude into
residences; (3) only those lamps designated by the Reed1and Woods
Property ~~ners Association Board of Directors will be authorized
to be energized. The latter condition is to be complied with by
the Board of Directors within four weeks from this date.
The Public Services Committee brought before the council their
investigation in regard to energizing the lights in Reed1and Woods
Ellinwood stated the committee had met on September 8 with repre-
sentatives from the Reedland Woods Property Owners Association and
Mr. Richard Conrad of PG&E. The majority of the property owners
ha9 voted for street lights and had preferred incandescent" lights,
wh1ch woulq ~ost the city approximately $3.50 a month for lighting
Street
VI
Reedland
Hoods
ITEM NOT ON THE AGENDA
The City Attorney questioned whether the contents in the letters
dated June IS, 1970, and July 29, 1970, from him to the Planning
Director had been incorporated into the ordinance. The Chair
directed this matter continued to the next meeting.
Sennett asked that the diagram referred to on page 6
attached to the ordinance.
,
Ellinwood requested the clerk record the City Attorney's statement
:11 would certainly say this is a minor matter, '1 in regard to changes
made, and if the council concurred, this ordinance would not have to
be returned to the Planning Commissioner. Commissioner Allan
Thompson of the Planning Commission spoke for the ordinance and urged
it pass first reading.
No
2
be
At the request of Fanning, item 6 on page 2, relating
establishments, was deleted; and the number of parking
required for barber shops was changed from two to one.
to drive-in
spaces
and first reading. This
De've1opment Committee on
certain items.
matter had
August 10,
been
1970
,
sent to the Lands and
for clarification of
Question was now called on the main motion, and the motion carried
AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNe IIJv1EN : None
V. ORDINANCES
AB 394 Action: Continued.
AMEND ZONING ORDINANCE TO
ALLOW SERVANT'S QUARTERS
Continued.
VII. MINUTE ORDERS
AB 400 Action: Remanded to Fin. & Admin. Co mm. ~
PROPERTY DEVELOPMENT TAX to be brought back 9/28/70.
Continued, with recommendations to be brought back by the
Finance and Administration Co~~ittee at the next meeting.
AB 404 Action: Remanded to Public Services
TIBURON PILOT TRANSPORTA~~ON Committee; to be brought
PROJECT, PROPOSED ROUTING back 9/28/70.
AND SCHEDULES
This matter ~as referred to the Public Services Committee, to
be brought back at the next meeting.
AB 405 Action: Continued to 9/21/70.
MEMO RE: TIBURON BLVD.,
STREET LIGHTS, LANDSCAPING, ETC.
This matter was continued to Monday, September 21.
AB 39G Action: Continued.
MEM'!RANDUM RE PARKING
ON RAILROAD PROPERTY
OPPOSITE THE WATERFRONT IN DOvmTOvrn
Continued.
VIII. REPORTS
REGISTER OF CLAIMS Action: Adopted.
Motion of Becker, seconded by Fanning, to adopt Register of
Claims No. 73, carried:
AYES: COUNCILNEN: Becker, Ellinwood, Fanning, Rice, Sennett
NOES: COUNCIlMEN: None
ABSENT: COUNCILMEN: None
IX. QUESTIONS
Uniform Animal Ordinance
Ellinwood requested the matter of conforming the City of Tiburon
to the uniform animal ordinance be placed on the next agenda for
September 28.
Drains on Lagoon View Drive
Ellinwood stated she had received a number of calls from people
who flooded last year and were now pleased that the new drain
had been installed on Lagoon View Drive, but had reported debris
had been collecting on the old one from the house being built above
it.
MINUTES 11211 September 14, 1970
Page 7
A ointments to Park and Recreation Commission and EOC
Ellinwood questioned whether an Executive Session could be held on
September 28 in order to make appointments to the Parks and Recrea-
tion Commission and the Economic Opportunity Council.
Raccoon Lane
Ellinwood stated she ~nd Sennett had discussed the general question
of Raccoon Lane, upper and lower, and the matter will be on the
September 28th agenda.
Strawberry Annexation, Local Agency Formation Commission
Ellinwood question9G whether a plan of action had been made for
presenting the city's petition to annex Strawberry before LAFC.
The Chair stated he uill be present and invited all council
members to attend.
Acquisition of Public Land
Ellinwood referred to 3n ~rticle by the City Manager wherein he
stated Tiburon hac acc!aired its first public-owned land, and
questioned whether the city owned 13 or 14 acres of green on the
slope of Mount Tiburono
Errors in Drafting
Ellinwood questioned whether the Plannin~ Director would follow up
o~ the line that was dr~wn between a dup ex zone and an R.I zone on
V1St~zo West an~ one in ~he area of Centro West in Old Tiburon, which
p~ev1ously was ~n a spec~al garden apartment zone. She stated both
~- thehe areas aeparently got lined out with a felt pen at the
1me t e new zon~ng map was drawn.
Flood Areas - Master Plan
--
Ellinwood stated flood areas b. ..
and questioned whether thi~ c~~~ be ~dent~f1ed on the Master Plan
the Planning Commission. u e roug t to the attention of
cepe Staff Housing Elc~ent Report
~llinwood questioned whether a meeting could be scheduled in
ovember ?y the Planning Commission and the City Co .1 f
h~~~~~~a;~~~e~f ;~;o~~~y-County Planning Commissionu~~~ff ~~ ~he
XI. EXECUTIVE SESSION
At 11:10 p.m., on the order of th Ch - h .
into Executive Session for "dis e. a~~, t e_C1tY_C~uncil recessed
CUSS10n 0 pend1ng 11t1gation.
XII. ADJOURNMENT
It being now the hour of II-50
being no further business t~ co~.mb'fsepte~ber 14,.1970, and there
declared the meeting adjourned t~ S:p~~:b;re2~~ur~~5: the Chair
( 0<!iZ.. /~c_
Apprciled by the D. ROSE, C1ty CleJ
on:
Se
OF TIBURON
NINUTES fl2ll September 14, 1970
Page 8
MINUTES
11212
September 21
Page 1
1970
It was moved by Sennett, seconded by El1inwood~ thatl1all recom-
mendations and proposed resolutions and ordinances referred to
the
The Chair referenced the report concerning recommendations for
procedural and substantive changes as submitted by Councilmen
Sennett and Becker and presented to the City Council at the July
20th meeting. At that time LWO of the recommended eight pro-
cedural policy rules were adopted by the Council. The remaining
six rules were now to come before the council for discussion
and review. Rules A and B had previously been adopted and Rule
was now discussed.
C
-
~
Recommendations for Procedural
and Substantive Changes
It was moved by Sennett, seconded by Ellinwood, to send this
matter back to the Planning Commission, for them to decide and
make recommendations of either one or more designs, and then in
their discretion, if it proves necessary to engage an outside
consultant to advise and consult with them on the designs, they
are authorized to spend not to exceed $500 for that purpose, without
having to come back to the council; and the council expresses
its intention by this mandate that among the design criteria
which will be applied is the selection of a design which will
have long-range adaptability to the overall design of the downtown
The motion carried on a voice vote.
Discussion ensued on
The Chair spoke in favor of long-range design studies, but because
of the urgency of the street lights being handled in conjunction
with the undergrounding, suggested only that facet be considered
at this time.
the matter
The Planning Director submitted a memorandum to the City Council
requesting funds be allocated to hire a consultant to conduct a
study of landscaping, street lights, and design of telephone
booths along Tiburon Boulevard from Beach Road to Main Street.
The Board of Design Review had suggested this be taken care of
at the same time as the undergrounding by PG&E, which is
scheduled to commence in October or November.
Tiburon Boulevard
Street Lights, Landscaping
Memo Re
III
ORDINARY BUSINESS OF THE COUNCIL
PRESENT
ABSENT:
EX OFFICIO
COUNCILMEN
COUNCILMEN
Mayor Rice, Becker
Fanning, Sennett
None
Robert L. Kleinert, Assistant City Manager
Wayne E. Moody, Planning Director
Hellen K. Hecht a Minute Clerk
ROLL CALL
Ellinwood
(7
40)
II
Notice of special meeting having been duly issued, the 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., September 21
1970, in the City Hall Offices
I
CALL TO ORDER
CITY COUNCIL
CITY OF TIBURON
MINUTES
11212
September 21
Page 2
AYES
NOE S :
ABSENT
COUNCILMEN
COUNCILME~I
COUNCILMEN
Becker
None
None
Fanning
1970
Ellinwood
It was moved by Sennett~ seconded by Becker~ to accept Rule H as
follows: lJThe Council will continue its efforts to encourage on-
going public participAtion in its policy determinations by, where
appropriate, appointing and ~reating ad hoc committees consisting
of members of the council, the Parks and Recreation Commission,
Planning Commission, staff, and those interested and/or qualified
members of the public who wish to join in its deliberations.q
Motion carried
Rice
Sennett
AYES
N OE S :
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
Becker
None
None
Fanning
Sennett
Ellinwood
It was moved by Sennett, seconded by Ellinwood, to accept Rule G
as follows: '''\AJhenever possible, 15 minutes of each council meeting
should be reserved for expressions from the public and acknowledg-
ments of letters ~eceived from the public which, in the opinion
of the Chair~ would be of benefit to communicate to the council
and the public at large.q Motion carried
Rice
AYES
NOES:
ABSENT
COUNCILI1EN
COUNCILHEN
COUNCILHEN
Becker,
Fanning
None
Ellinwood
It was moved by Ellinwood, seconded by Sennett, to accept Rule F
as follows: "No less than two of the council meetings in each year
shall be held dt places other than the City Hall, and an effort
shall be made nt these meetings to encourage a town meeting
atmosphere, with p0rticular emphasis upon public participation on
city policy and appraisal of the Council's efficiency and
effectiveness. An effort shall be made at these meetings to reduce
the formal agenda to the minimal acceptable size to encourage a
free and open exchange. I' Motion carried:
Rice
Sennett
AYES:
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
Becker
None
None
Fanning
Ellinwood
It was moved by Fanning, seconded by Becker, to accept Rule E
which states, "The Council shall schedule no less than one addi-
tional meeting per year with the Planning Commission, at which
time matters pertaining to their joint interests will be publicly
discussed.:7 Motion carried
Rice
Sennett
AYES
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
Becker
None
None
Fanning
Rice
Sennett
Ellinwood
It was moved by Fanning, seconded by Becker, to accept Rule D
which states, rtThe Council shall schedule no less than one addi-
tional meeting per year, jointly with the Parks and Recreation
Commission, at which time matters pertaining to the joint and
mutual interest will be publicly discussed.Tr Motion carried
AYES
NOES:
ABSENT
COUNCILHEN
COUNCILMEN
COUNCILMEN
Becker,
Fanning
None
Ellinwood
Council shall be placed on the first available agenda and shall
first come before the Council as a whole. Thereafter, the chairman
may refer the matter to the appropriate committee which shall have
the complete assistance and cooperation of the staff." Motion
carried:
Rice
Sennett
RECESS
A recess was taken at 9:25 porno, the council reconvening at 9:35
porn. , to stand as a committee of the whole 0
IV. COMMITTEE OF THE WHOLE
The Chair reconvened as a committee of the whole to discuss addi-
tional items not on the agenda at this time.
Discussion was had on the following: community bulletin boards,
density, the control of open space, consideration of a bond issue
for open space acquisition, a study of the Tiburon Police Department
and the possibility of a joint police force with Belvedere.
The Chair requested agendizing the bond issue and special committee
for the September 28th council meeting.
Sennett urged the highest priority of the Parks and Recreation
Commission should be the use of the railroad right-of-way and safe
access across Tiburon Boulevard. Ellinwood requested agendizing the
prohibiting of bicycles on Tiburon Boulevard from Trestle Glen to
the downtown areao
The Chair questioned Don Loomis regarding the interview committee
for the appointment to the Parks and Recreation Commission.
The committee of the whole was adjourned and the City Council was
reconvened.
V. ADJOURNMENT
It being now the hour of 10:50 porno, September 21, 1970, and there
being no further business to come before the council, the Chair
declared the meeting adjourned sine dil ~
~ f
:y Manager
Approved by the /1 on:
-' 19700
-----
3URON
September 21 1970
MI NUTE S 11212 Page 3
CITY COUNCIL
CITY OF TIETJRON
I. CALL TO ORDE~
----...._~~----_..--
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., September 28, 19/0~ in the City II3l! Council Chambers
110 ROLL CALL
-~-"""- -___..__._iP_
PRESENT: COUNCILMEN: Mayor Rice, P.ecker (7 :45), Ellinwood (7:-45)
~annin8, Sennett
ABSENT: COUNCILMEN: None
EX OFFICIO: L:E'n:cnce D. Eocc, City 1,1anager
Robert Lo Kleinert, Assistant City Manager
Robert 10 Conn, City Attorney
~~(}ynG E. Moody, Planning Director
Roy w. Foreakc~, Jr., City Engineer
Phil V. Scott, Development Administrator
Louis V. Brunini, Sup~~intendent of
Public Works
Hellen Eo Hecht, Minute Clerk
I I I D L\PPROV l\L OF MINUTES
_._~..~ ~:,....,.,..--...~.,.-.---_......,.."..- -_.._-----...,.,.~~
No. 210 Action:
_.-->.....~-_.......
With unanimous consent, the Chair ordered the reading of Minutes
No. 210 of September 3, 1970, '\r];1ivec1, c1nd the minutes approved.
No. 211 Action:
. .~.,.._,~ ..-....---
With unanimous consent, the Choi,r ordered th~ reading of
Minutes No. 211 of Septemcer 14, 1970, waived, and the minutes
approved.
IV~ CONSENT CALENDAR
_.-.__.....Y--"..r-=-~___..".... ,_____........__---..,-'_
After remanding one item from the Cons2nt Calend8.r to the General
Calendar, it was moved by fannin3, seconded by Sennett, that the
Consent Calendar, consisting of the following items, be adopted:
AB 413 - REPORT: CATV SERVICE CONFEP.ENCE
AB 409 - RESOLUTION AMENDIN~~ ORlr,;INAL EL MARINERO ASSESSMENT
DISTRICT PROCEED~RGS (~~801ution No. 313)
AB 410 - RESOLUTION .A.CCEPTIUG ST/\TE FUNDS FO~ ~EPAIB. OF MAR
WEST SLIDE (Resolution Po. 314)
There being no objection, the Cb~ir declared the Consent Calendar
adopted by unanimous consent.
V. ORDINANRY BUSINESS OF THE COUNCIL
-.--......,________...._____....____-_........~~_:r_,....._.__-,.....~________........_.._
AB 374 Action:
PROPOSED AMENDMENTS -""~-~-
TO PARKING & LOADING
By Bill No. 374 of September 28, 1970~ an ordinance entitled
AN ORDINANCE OF THE CITY OF TIBURON AI1ENDING SECTION 13 OF THE
TIBURON ZONING ORDINANCE, h:lving been continued from September 14
1970, for clarification of cert2in itews by th~ City Attorney,
came on again for first ~eDding.
The Chair declared the public hearing open.
September 28 1970
MINUTES #213 PAge 1
With the approve1 of the council, the Planning Director requested
Section 14 (G) in the drafted ordinance deleted, and the Section
14 (G) as set out in the letter of the City Attorney dated
July 29, 1970, substituted, as follows:
n(G) Parking spaces requi~2d for one use may
utilize th~ se~2 spaces required for another
1 - r .
use upon app1:'o\i'a ,'?y n12naS 01: nppropr1ate
conditions~ of th2 City Council of said
dUQ It) Cl :;:1<. 103. The City Council shell not
grant uuch approval unless it is able to,
nnd does, make the following findings:
1. th3t the U.J,'~S fOl: 'Ehich overlapping
parking is being requested do not have
overlnpping hours of operation;
2. that the parking lot in question is
~;ithin 2 rcasonnble distance of the
preois2S ~nvolvQd.
Failuzc to abide by the conditions specified
by th~ City Council shall be cause for revocation
of the prior Coune i1 app:rova 1. J!
By unanimous consent, furth?T rending of the ordinance was waived
and the ordin.1nce '('7~'.8 :~.<~cd by title only.
The ordinance h3vicS b20D GO rend, :i..t ,,;-]as moved by Fanning,
seconded by Rice, tn/2t the o:rdirL:.ln'~c be deemed to have passed
first reading.
In response to Q quer,tion by Sennett, the City Attorney responded
it was his opinion tb::;::: tb.8 proposed cxdinance covers the points
raised in the le';.:te-;: rl.-Oi.Tl t:le D:~)uty City Attorney to the
Planning Dirccto= dctcd June 15, ~970) in regard to Sections
(A) a d (B' f thn d.~f~-d r'" 0 ~a
n ) 0 ........ J_t...__€. 0._ (.J_n..!n_,_.
Debate ensued on n 0uestio~ ~aiscd bv Sennett as to the defini-
tion of ."mech3nicDl. :1'?:e[,fj.:' Hotion bf Ellinwood to amend
Section 7 died fo;:, 1<:c1: (.~-.: [l ~;8cond.
Qt. 1"'" ,. . ., h d .
ues 10n was ca l.ea on 'C.le L-:O'~ l.on to cons l.oer t e or l.nance as
having passed fi~st re~di~g, and tte motion c3rried:
AYES: COUNCILHEN: Decke~, ~llim1ood, Fanning, Rice, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILNEN: ~Jone
It was the sense of th~ Council thAt the Planning Commission
should determine that 3 con-Detent definition of :Jmechanical
areas:" existed in the; coder.:- or C":1':"dinan~es of the city, or in
lieu thereof, that t::8Y shn:lld p::oposc one for adoption.
AB 396 f~ct ion:
APPLICATION FOR EXTENSION .~~.._-----
OF TEMPORARY USE PERMIT
FOR N~1P RR PARKING LO'.r
By AB 396 of September 28, 1970, the Lands and Development
Committee brought before the council the application by the
Northwestern Pacific Railroad for a temporary use permit to
operate a parking lot at 1691 Tiburon Boulevard, which matter
had been continued from August 2~, 1970.
The public hearing was decla~ed open.
Mr. Joseph Sheeks, attorney for the applicant, stated the applicant
is willing to replace shrubbery, restore the original fence, and
September 28, 1970
HINUTES #213 Page ~;.f2
MINUTES
tl213
September 28
Page 3;.
1970
Mr. George Ellman spoke against the noise pollution by motor bikes
in the hills, and Fanning asked that the police department take
special note to request cyclists produce permits from the owner
of the property allowing them to be on the premises.
Mr. Allan Thompson stated he felt the Parks and Recreation Com-
mission should be congratulated for a wonderful Ayala Day.
i'lr .
the
The
David Teather questioned whether the
right-hand side so the bill could be
Chair asked the City Manager to look
bill number could go on
identified more easily.
into this.
The Chair stated that pursuant to general policy of the council,
when it is practicable in the schedule, matters will be heard from
the public which are not on the agenda. He read a letter from
Dr. George Sugarman requesting a resolution on aerial pollution.
The Chair requested the City Manager bring the matter back to the
council.
VI
A recess was taken at 8:50 p.m.
the role standing as originally
MATTERS
NOT ON
the council reconvening at 9:00 p
taken.
THE AGENDA
RECESS
A question having been raised by Ellinwood as to whether the owner
of property at No. 60 Mt. Tiburon had a valid variance to build
detached servants quarters on his property, and Mr. Henry
Broderick desiring to speak to his client with respect to the
ordinance, the Chair ordered the matter put over to the next
meeting pending an opinion as to whether a. variance was in effect
. m.
It was moved by Becker, seconded by Ellinwood, to accept the
Planning Commission's report and decline to enact the proposed
ordinance.
By AB 394 of September 281 1970, the Lands and Development Committee
brought before the council a proposed ordinance to amend the Zoning
Ordinance to allow servant's quarters by use permit in RO.l zone.
The Planning Commission recommended denial of the ordinance on
June 1, 1970
AB 394
M1END ZONING ORDINANCE
TO ALLOW SERVANT'S QUARTERS
Action:
--
The Chair directed the staff prepare a formal resolution in
accordance with the above motion, which should also include the
rate schedule, to be brought back at the next meeting.
AYES:
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
Becker
None
None
Ellinwood
It was moved by Fanning, seconded by Becker, to approve the use
permit for another year on the basis that the rates remain the
same, and that the railroad continue their improvement policy
as established in the 1959 agreement on an annual basis. Motion
carried:
Fanning
Rice
Sennett
The City Engineer ve.rified the fact
an asphalt surface last year on the
Sheeks stated the railroad would be
lot if the city would allow them to
that the railroad did put in
front part of the lot. Mr.
willing to fix up the entire
increase their rates.
spend $1
,000 on
surfacing.
MINUTES
11213
September 28
Page 4f
1970
The committee moved and seconded that the report as presented be
accepted in principle and that a formal resolution embodying these
be brought back at the next meeting for further debate.
Ellinwood then summarized the report and recommended the following
with respect to Upper Raccoon Lane: (1) that the city take
possession of the street; (2) that the street be resurfaced, at
the COst of the individual abutting property owners; (3) that the
City Public Works Department be utilized for this work; (4) and
that agreements between individual owners and the city be negoti-
ated if the full assessment cannot be paid within this fiscal
year.
AYES
N OE S :
ABSENT
COUNCILiV1EN
COUNCILlvffiN
COUNCILl1EN
Becker
None
None
Fanning
,
Ellinwood
Question was called on the motion
report and the motion carried
Rice
accepting the
Sennett
as
Mrs. M. Hn Price spoke of the health hazard created by the under-
growth. Mr. Louis Soldavini spoke of the drainage problems and
damage to his property caused by water running down Raccoon Lane
and requested the city alleviate the problem. iV1rs. Price
objected to the abutting property owners having to pay to bring
the lane up to standards
With the consent of Ellinwood, Becker amended the motion that the
council should direct the Parks and Recreation Commission to
report back with the status of all the lanes in the city; that
council receive a report containing references to the locations
of all of the lanes where they're shown on the old maps, and
indicate which ones have been dedicated and which have not been
amended
Fanning requested Lands and Development Committee be given the
opportunity to advise st~ff of any recommendations they have in
preparing the resol1.1.tion.
The Public Services Committee moved ~nd seconded that their
report and recommendations relating to Lower Raccoon Lane be
accepted as the intent of this council, subject to review by the
City Attorney for any legal questions which have been raised within
the report, and th3t assuming no impediments appear, that a formal
resolution be prepared embodying these recommendations in proper
legal form
Ellinwood presented a written report to the council from the
Public Services Committee recomm2nding (1) dedication to the city
of the entire length of Lower Raccoon Lane; (2) acceptance of
such dedication as soon as possible; (3) limiting Lower Raccoon
Lane to pedestrians, bicycles and emergency vehicles; (4) placing
removable, reflectorized barricades at both ends of the Lane;
and (5) restoring the existing path to its previous condition and
repairing eroded sections.
Bill No. 408 of September 28, 1970, reporting the findings and
recommendations on a matter respecting Raccoon Lane referred to
the Committee on Public Services on July 20, 1970, came on for
consideration. The report was to have been concerned with the
question of Raccoon Lane as an easement to the city closed to
vehicular traffic.
AB 408
Raccoon Lane
v
ORDINARY BUSINESS OF THE COUNCIL
MINUTES
fft213
September 28
Page $8
,
The Chair introduced AB 411 and 415 of September 28, 1970, and
stated these agenda bills Are identical and should be considered
together. The P0~ks and Recreation COffimission had been directed
to look into the feasibility of a bond issue for Acquisition of
park and/or open spcce or other public lands for parks and
rec=eation purposes.
1970
(AB 411
(OPEN SPACE ACTION COMMITTEE
(
(AB 415
(MEMORANDUM !:tE:
(BOND PARK ISSUE
)
)
)
)
)
)
Action:
---
To n question, the Cri:y Atto::=n8Y ad"li8~d tb.3"l: Cl visit to the site
in question by a ITl8:?her of the City Council \'lould not be appro-
priate unless notice of intent W2S given to ~ll parties concerned
so that they night pa~ticipate. Mr. Erckhus asked the record
to reflect that they will nct waive rcnsonable notice. In
response to n qu.estion by 1~1: 0 Eerbe:::t Henig, the City Attorney
responded it ~3S his opinion thet the d~veloper could not be
prohibited f~om pLocGcding with construction of the building since
there had been no determination tbat it constituted a nuisance.
The staff asked to gi've an opinion (;~s to whether occupancy
of the ~vQS p~roissible prior to the final determination
on the of the existsnce of G. nuisance.
'vas
premises
question
The date of:
AYES
N OE S :
ABSENT
Octo~c:r
COUNCILI'IEN
COUNCILl'1EN
COUNCTLf.~N
19
~.;.J. S
B'2cke
None
Non~
set
for
the
hearing
to
show
cause
--
It was moved by Sennett~ seconded by Fanning,
instruct the City .~ttozDey ~o pr2pare 2 notice
this should not be rlcclarcd a public nuisance.
Ell
5_n~vood
F,snning
that the council
to show cause why
110tion carried:
Rice
Sennett
Messrs. Millard, Littmen, ~HayeG, Wenig nnd Page urged the council
to institute nbaten~2nt proceedings. Mr. Peter B. Brekhus appeared
before th(~ cou.ncil co atto~cney for Hr. R3lph Noah, owner of the
property nt 6 B.OtEld Hill llo!1d, urging tbnt no grounds existed upon
which to commenc(~ abatcv.ent proceedings Q
By AB 414 of September 28, 1970, the Pl~nning Director brought
before thlJ cou::i.cil ::'. :r2quest by property o~oJner[) and Planning
Commissioccr All~n Littm~n that abatement proceedings be initiated
against a ~esidence being constructed at 6 Rolling Hills Road in
violation of the height limit of the Zoning Ordinance, as set
forth in proceedings before the Eoard of Adjustments on
September 21, 1970, which board recommeD.ded that nuisance abate-
ment procecu::'es be institutedo
AB 414
NUISANCE ADATEMENT
6 ROLLING HILLS P"OAD
Ralph No.?h, O,\'7nCJ:
Action
-......---
At the request of the City Manngerj Elliffi100d withdrew her motion
asking for a resolution. The Chnir directed that the report from
the Public Services Committee be received 3nd directed the staff
to render n report on these logal and e~onomic aspects, and bring
this back with tee p1~oposed recor~m8nd&tions to the council at the
next meeting~ and, if approprinte, ~ resolution.
t-.lith the consent
Becker, to emend
the Public Horks
of the corrmittee, the Chair moved, seconded by
the aotion by deleting recommendation No.3, that
Depa:::tD.:.ent be utilized for the work to be done.
September 28
Page '16
MINUTES
11213
1970
Continued
AB 176
ANII1AL REGULATIONS
Action
Rice, with permission of the seconder, withdrew his motion to amend
by substitution of Route D, then moved to amend the main motion
calling for negotiations on a reasonably mutual basis for
expansion of the service to include two vehicles for operation on
weekends. The amendment was accepted by the committee, and the
question being called for, the motion carried on a voice vote.
After debate, SenBett agreed for the Public Services Committee to
delete the Main Street-Beach Road segment from Route C.
It was moved by Rice, seconded by Becker, to amend the committee
motion by substituting Route D for Route C.
s
By AB 404 of September 28, 1970, the Public Services Committee
brought before the council proposed routes and schedules of the
Marin County Transit Systems, Inc., for the free public transpor-
tation pilot program authorized in the 1970-71 budget. The bill
contained the schedules of the City Manager for a proposed
Route D not suggested by MCTS, Inc. The Chairman of the committee
submitted a separate report, And it was moved and seconded that
Route C in the proposals of MeTS, Inco, be adopted; that the
service be instituted as soon as an agreement can be concluded;
that full publicity of routes and time schedules be provided
by City staff to all neighborhood and property owners' associations
and to the press with the suggestion to the former that all resi-
dents within each neighborhood be contacted by a flyer suitable
for posting within their homes; and (3) that temporary signing
for the designated stops, together with schedule of bus arrival
at each stop, be authorized until permanent signing is agreed upon
as to style, etc., and installed at the stops permanently
established after the initial trial periodo
AB 404
INTRA-CITY BUS PILOT PROGRAM
Action:
After discussion, the Chair remanded this matter to an ad hoc com-
mittee of the Chair and Becker, to bring the matter back on the
first agenda in October
Fanning requested the reference on page 4 of the proposed ordinance
to a mobile home park be deletedo
By AB 400 of September 28, 1970, 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 DEVELOPMENT TAX, came
on for introduction and first rendingo
AB 400
PROPERTY DEVELOPMENT TAX
Action
Along with a mandate to look into these questions, the Chair
authorized the Parks and Recreation Commission to use and
implement such ad hoc citizens committee or advisory committee
that they determine appropriate and the Mayor will, upon request of
the chairman of the Commission, mAke appointments to such com-
mittees.
Subject to any modifications or objections, the Chair directed a
minute order issue out by unanimous consent to the Parks and
Recreation Commission for them to determine the questions of
whether a bond issue and/or alternate means of financing is desir-
able and feasible and, if so, which ones and in what amounts.
AB 401 Action
PURCHASE OF
REAL PROPERTY AT
COUNTY TAX SALE
AB 401 of September 14, 1970, was introduced containing the recom-
mendations of the Assistant City Manager that the city purchase
for $5 each Assessor's Parcels No. 39-134-01 and 58-191-08 prior
to public auction to satisfy delinquent taxes. There being no
objections, the Chair ordered the bill adopted and the purchases
approved.
AB 407 Action:
AMENDMENTS TO INSU~~NCE
BUDGET PROG~4M, 1970-71
AB 407 of September 28, 1970, was introduced recommending budget
amendments and fund transfers to provide additional funds for the
payment of increases premiums on the city's liability insurance
program.
Mr. David Scott appeared before the council on behalf of the city's
insurance brokers, Calender-Robinson Company.
The me.tter was remanded to the Finance and Administration Committee
for a report at the next meeting.
AB 406 Action:
At'1ENDMENT TO DOWNTO~JN
UNDERGROUND DISTRICT
RESOLUTION NO. 303
Continued.
AB 412 Action:
SENIOR C ITIZE~TS
FUNDING REQUEST
By AB 412 of September 28, 1970, the PubliF Services Committee
presented a Joint Powers Agreement for the providing of recreational
program for senior citizens by the Marin Coordinating Council, Inc.
It was moved by Rice, seconded by Ellinwood, that the council
approve the form of agreement presented and direct it to be
executed by the Mayor. Motion carried on a voice vote.
MEMO RE: PARKING ON RR PROPER.TY Action:
OPPOSITE WATERFRONT DEMAREAUX
Continued.
STATUS OF HEARING DATES Action:
The Planning Director brought before the council a status report
of current, pending and proposed hearings regarding planning
matters in the council level. By consent the following dates
were approved:
Rezoning, Derryberry property - October 12
Tent. Subdivision, E1 Marinero 112 - October 12
Amend PD Preciq~ Plan, Dock Rest. - dismissed
MINUTES 11213 Sept~mker 28, 1970
Page r. .
VII QUESTIONS
Appointment to Parks and Recreation Commission
In response to a question by Ellinwood as to whether dates for
interviews had been set for applicants to the Parks and Recreation
Commission, the Assistant City Manager stated they have the candi-
dates, but according to the Planning Director, are waiting for a
Planning Commissioner for interview purposes.
cepc Staff Housing Element Report
The date of October 29 was set for a joint meeting of the
Planning Commission and the City Council on the housing element
report.
Sanitary District Ordinance re Use and Construction of Sewer Lines
Ellinwood presented a detailed ordinance of the Sanitary District
that relates to the use and construction of sewer lines. She
stated Belvedere is in the process of conforming its building
ordinance with the Sanitary District and urged Tiburon also
consider confirming its city ordinance.
Illness of Deputy City At~orney
Ellinwood questioned whether the Mayor would write a letter to
Mr. Richard Breiner, Deputy City Attorney, expressing the
council's regret over his illness and their concern for the
rapid regain of his health.
VIII. ADJ OURNIVlENT
It being now the hour of 12:20 a.m., September
there being no further business to come
Chair declared the meeting adjourned to
1970, at 7:30 p.mD~ ~n memory of Robert
~
Approved by the 21 on:
_' 1970.
~
TIBURON
September 28. 1970
lVIINUTE S 11213 Page 8"
HINUTES
After further discussion, it was moved by Sennett, seconded by
Becker to direct the City Hanager to instruct the drainage consultant
to prepare for presentation on the 13th, bidable drawings and
specifications as well as specifications for hydromulching in the
Reed Basin as setforth in the consultant's letter of October 5th;
also immediately to publish notices inviting bids as described in
the consultant's letter; also to authorize the City Manager to
issue a Letter of Intent to the consultant engaging him to prepare
the drawings and notices inviting bids, the question of further ex-
tending his contract to include supervision of construction in
contracted administration on both contracts to depend upon action
taken by the City Council at their meeting of the 13th. The question
being called for on the motion the motion carried unanimously.
i#$tI-I/
~
October
Page 1
7
1970
Mayor Edwin Drechsel of
the Council and supported
the City of Belvedere appeared before
the position of the Joint Committee.
before being obliged by the press .of other business to
7:48 p.m., objected that contemplation of an expenditure
magnitude proposed should be at a regular meeting and that
construction should be undertaken as part of a formally
drainage district since other areas of the City in
Becker and Ellinwood responded on behalf of the
Committee that was of the
that action be at
delay to the
time
taken
regular
once
meeting
Fanning,
leave at
of the
organized
such districts
Drainage
essence and that was essential
Sennett demurred proposing that a
of the 13th of October would be wise
are
Joint
it
Becker advised that the Joint Drainage Committee had no formal
report to present but that the procedures outlined by the City
Manager in his memorandum of the 7th of October proposing considera-
tion of the extension of the drainage consultant's contract, amendment
to the budget and obtaining rights-of-entry should be considered
in order that the council might authorize an immediate notice inviting
bids for construction of a drainage system, including a pump in the
Downtown Basin and hydromu1ching in the Reed Basin
III SUBJECT
Downtown and Re: Drainage
Basins Construction Projects
AB-420
Lawrence D. Rose
Ray {.] Fo re ake r
City Hanager
Jr City Engineer
EX OFFICIO
ABSENT
COUNCILMEN
Fanning
Rice
PRESENT
COUNCILMEN
Becker
Ellinwood
Sennett
Pursuant to notice
by the Mayor, the
by Hayor Pro Tern
was taken
II
of a special
meeting of the
Albert H. Sennett
ROLL
CALL
meeting having been duly
City Council was called
at 7:42 p and the
m
issued
to order
roll
I
CALL TO ORDER
CITY COUNCIL
CITY OF TIBURON
IV ADJOURNHENT
There being no further business permitted under the call for
special meeting, the meeting was adjourned at 8:24 p.m.
C , ~
E, Ci ty CII k
Approved by the City Council on
~~ 1970
HAYOR OF THE CITY OF TIBURON
October 7. 1970
Page 2
#
215
October
Page 1
rII
After further discussion by the council, the Chair directed the
matter continued to October 19, and directed the Lands and
Development Committee to study a technique that would give a
greater degree of assurance that Mr. Derryberry's development
would be involved after the property is rezoned
NUTES
13
1970
Mr. J. W. Derryberry spoke
council pass the ordinance.
also spoke to the application
recommended the Zoning Map be
for the application and urged the
Planning Commissioner Allan Thompson
and stated the Planning Commission
corrected by adopting the RO.2 zoning.
The Chair declared the public hearing open
By Bill No. 418 of October 13, 1970, an ordinance entitled
ORDINANCE OF THE CITY OF TIBURON CORRECTING 'THE ZONING MAP
ZONING PROPERTY IN THE EL MARINERO AREA FROM ROol TO RO.2,
on for introduction and first readingo
AN
BY RE-
came
AB 418
REZONING Re.l TO
RO.2, LANDS OF
DERRYBERRY
Continued
1,970
Action
to November
1,9,
IV
There being no objection, the Chair declared the Consent Calendar
adopted by unanimous consent.
ORDINARY BUSINESS
OF THE COUNCIL
September
1970 Report
AB 406
AB 416
AB 417
-
AMENDMENTS TO DO~mTOWN UNDERGROUND DISTRICT
(Resolution No. 303, Adoption of Amendments)
SIGN PERMIT - "COLLAGE l'
CLAIM FOR DAMAGE - HOUSEBOAT
STATUS OF HEARING-DATES
CASH FLOW REPORT - August 1970
DEPARTMENT OF URBAN DEVELOPMENT
It was moved by Fanning seconded by Sennett
Calendar, consisting of the following items,
that the Consent
be adopted:
III
CONSENT CALENDAR
Mayor Rice
Sennett
None
Lawrence D. Rose, City Manager
Robert Lo Kleinert, Assistant City Manager
Robert I. Conn, City Attorney
Wayne Eo Moody, Planning Director
Ray W. Foreaker, Jr., City Engineer
Phil V. Scott, Development Administrator
Louis V. Brunini, Superintendent of Public
Works
Hellen K
Hecht
Minute Clerk
PRESENT
ABSENT:
EX OFFICIO
COUNCILMEN
COUNCILMEN
Becker
Ellinwood
Fanning
II
An adjourned regular meeting of
State of Californin, was called
at 7:40 p.m., October 13, 1970,
ROLL CALL
the City Council, City of Tiburon
to order by Mayor Denis T. Rice
in the City Hall Council Chambers
I
CALL TO ORDER
CITY COUNCIL
CITY OF TIBURON
AB 419 Action
TENTATIVE SUBDIVISION MAP, Continued - placed on
EL MARINERO UNIT 2 suspense calenda~
James Derryberry
The public hearing was opened and the Chair directed this matter
continued, to be placed on the suspense calendar.
AB 402 Action:
REZONING BOD IAN PROPERTY Continued - placed on
. . S us nens e c8l~fi:da~
The pub1~c hear~ng was opened and the Cha~r ~recte ~s matter
continued, to b~ ~laccd- on the suspense calendar.
AB 403 Action: Continued - placed on
REZONING CASELLA PROPERTY suspense calendar
The public hearin~ was.opened and the Chair directed this matter
continued, to' be placed.on the suspense calendar.
AB 379 Action: G~anted l year l5% rate
MILL VALLEY REFUSE inc~ease ~ith additional
RATE INCREASE PROPOSAL free pickup pe~ yea~
By AB 379 of October 13, 1970, the Committee on Finance and
Administration brought before the council a request of the Mill
Valley Refuse Co., Inc. , for a rate increase of 15 percent over
a three-year period for garbage collection service. The Committee
recommended a one-year rate increase period, to be re-examined at
the end of that time, and that the rate increase be made effective
on a retroactive basis to October 1. In conjunction with this
rate increase, they recommended a second free pickup service per
year.
Mr. Molinari of the Mill Valley Refuse Company spoke against the
second free pickup service. and urged the rate increase be granted
~.
Ellinwood stated she felt the company was asking for a modest
increase in rates which was in keeping with the increased costs,
and therefore moved, seconded by Fanning, for its adoption as
the basis for drawing up a new contract for a one-year period
with the Refuse Company, effective October 1 of this year.
Motion carried on a voice vote.
RECESS
A recess was taken at 9:11 p.m., the council reconvening at 9:25
p . m. j the roll standing as originally taken.
V. ITEMS NOT ON THE AGENDA
Propositions Band C
Mr. Theodore C. Wellman, a member of the Board of Trustees of the
Community College District, addressed himself to Propositions B
and C on the November ballot, Proposition B being an override tax
to give the Community College District an increase in operating
funds; and Proposition C, R bond election proposal to raise funds
over a 25-year period with matching funds from the state and
federal government. Motion of Ellinwood, seconded by Becker,
that the Council officially reflect its approval of a favorable
vote on Propositions Band C carried on a voice vote.
The Chair read a letter from Mr. Allan Hill expressing his
congratulations and appreciation for a wonderful Ayala Day.
To a question by Mrs. M. H. Price as to the status of Lower
Raccoon Lane, the Assistant City Manager responded this matter
is being studied by staff.
NINUTES tf215 October 13, 1970
- , Page 2
October 13
Page 3
HINUTES
With the consent of Ellinwood and the seconder, Rice amended the
motion to reflect that the contract be executed at such time as
there is an agreement from the Belvedere Lagoon Property Owners
Owners Association to contribute $500 and the Reed Union School
District to contribute $500, or the agreement of Belvedere to
contribute $1500 ~nd to pick up with the City of Tiburon on a
three-to-two basis that amount that the Reed Union School District
11215
1970
It was moved by Ellinwood, seconded by Becker, to let a contract
to proceed with hydromlllching in the area of the Reed Basin
identified generally but not specifically by Mr. Hudis in his
letter to the City Council under date of October 5, 1970, to an
extent not to exceed $3500, with funding for this project to
come from the city's general fund, with a share in that funding
to come from the City of Belvedere and, if possible, the Reed
Union School District and the Belvedere Lagoon Property Owners
Association.
Mr. Allan Steinau of Belvedere stated the Belvedere City Council
approved the funding of the hydromulching and the downtown drainage
as a unit, Bnd if one portion were dropped out, the council would
want to reconsider the whole project. On the hydromulching,
they felt the two cities should share proportionately this cost
and would request the Reed School District and Belvedere Lagoon
Property ~~ners Association to contribute to this.
Ellinwood asked the record reflect her negative vote was because
of the tying of this v70rk, which is of immediate necessity, to
the action by th~ Reed Union School District and the Belvedere
Property ~~ners Association. Becker also urged immediate and
unconditional action be taken
AYES
NOES:
ABSENT
COUNCILMEN
COUnCILl>1EN
COUNCILlillN
Rice, Sennett
Becker, Ellinwood
None
Fanning
Motion of Sennett, seconded by Rice, that the City of Tiburon let
a contract fo~ hydromulching of the area in the Reed Basin dis-
cussed in Mr. lhldis's letter of October 5, 1970, in the amount not
to exceed $3500, to be appropriated from the general fund based
on the follo~ing conditions: That before the execution of the
contract, that the City of Belvedere reimburse the City of
Tiburon in the amount of $1500; that the Reed School District
reimburse the City of Tiburon in the amount of $500, and that the
Belvedere Lagoon Property ~Nners Association reimburse the City
of Tiburon in th~ amount of $500. Motion failed:
Sennett stated a special meeting had been held in this matter
last week, and the three council members present had urged the
work reco~ended in Mr. Rudis's letter be undertaken.
Mr. Hudis referred to his letter of October 5, 1970, to the City
Councils of Belvedere and Tiburon which proposed a hydromulching
project ~]hich will reduce debris in the watershed and reduce
sediment deposits in the Belvedere Lagoon. He furnished drawings
of his proposal for an interim flood control project in the down-
town drainage basin.
AB 420
DO\~TO~VN AND REED
BASINS DRAINAGE PROJECTS
Authorized contract for
hydromulching in Reed Basin
not to exceed $3,500 and
approved going to bid on
Downtown Drainage Project
AB 420 was introduced and Mr. Milton Hudis, consultant on the
Tiburon Boulevard drainage problem, was asked to give a report
IV
Action
ORDINARY BUSINESS OF THE COUNCIL
and the Belvedere Lagoon Property OvJners Association's contribu-
tions that may not be subsequently agreed to by them.
Mr. Steinau stated the B~lvedere City Council has already approved
this moticn by ngrQeing to appropriate up to $3,000 for this work.
In response to 3 question by Fanning, the Chair stated they would
ask for a hold-hornless cgreement but the job would not be con-
tingent t.:pOl1 this.
Question \.;as called 3nd the motion, as amended, carried:
AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Rice, Sennett
NOES: COUNCILNEN: None
ABSENT: COUIJCILME:~ : None
The Chai~ dirc::ted that th.8 hydromulching would be contingent upon
right of entry.
It was moved by rrice, seconded by Ellinwood, that the City of
Tiburon procec~ to go to bid on the basis of the contract docu-
ments and specifications prepared by Mr. Hudis, and they also
authorize that bid proposal to include an alternate contract
under which the pump would be rented and the contract period
extended to November 30.
With th~ ::pp::oval of Rice, S'2nnett amended the motion to include
that the city would reserve the right to reject all bids without
prejudice to the city.
Question was cnlled and the motion, dS amended, carried:
AYES: COUNG~L~'lEN : Deck8~, Ellinwood, Fanning, Rice, Sennett
NOES: GO"JPCILMEN: Non~
ABSENT: COU~JCILr1EN : None
In response to ,q ql1Gstior.. by Becker, Mr. Steinau stated there
will be no p:.:oblem on the hydromulching, but on the drainage of
the downto~n basin, if the bids were substantially over the
15 percent contin8cn~y, the matter wi1l have to go back to the
Belvedere City Cou~cil.
Fanning requested tp~ record show he gave the Mayor of Tiburon a
letter frc~ M~yor D~echse1 of Belvedere stating Belvedere does
not suppo:~t the c1rainc?ge suggestions made by the committee if
the cities do not address themselves to a longer term solution
such as a drain~ge district for the whole area. Fanning requested
this be considered as soon as possibleo
AB 3 9l~ Action: Approved Letter of Agree-
AMEND ZONING ORDINANCE ment and tab Zed proposed
TO ALLO~l SER.VANT1 S QUARTERS ordinance.
By Bill No. 391.:. of July 13, 1970, an ordinance entitled AN
ORDINANCE OF THE CITY O!! TIBURON AMENDING ORDINANCE NO. 9 N.S.,
THE TIBURON ZONING ORDINANCE BY PROVIDING FOR THE ISSUANCE OF
CONDITIONAL USE PERMITS IN THE RO.l ZONE, having been continued
on September 28, 1970, because of questions raised regarding a
previous variance appliccRtion, came on again for first reading.
Mr. Henry Broderick stated he had determined his clients at
No. 60 Mto Tiburon do have a legal variance to build detached
servants quarters on this property, but they would agree to adopt
a compromise agreem-=nt w:tth the city 'Hherein they would agree to
adhere to the restrictions set out in the proposed ordinanceo
HINUTES il 2 1 5 October 13, 1970
Page 4
It was moved by Fanning, seconded by Sennett, that the Mayor be
authorized to sign a letter of agreement with Mr. and Mrs. Kelly,
according to the terms outlined in the City Attorney's letter of
October 8, 1970, with clarification of the question of renewal.
The motion carried on a voice vote.
Mr. Broderick requested action on the ordinance be continued to
the next meeting so that if a satisfactory agreement would not
be arrived at, he would then have the opportunity to speak to
the ordinance. Motion of Sennett, seconded by Becker, to table
the ordinance, carried on a voice vote.
AB 306 Action: REcommended to Public
ACCEPTANCE OF PUBLIC RIGHT-OF-WAY Services Committee.
PORTO MARINO D~IVE
By AB 306 of October 13, 1970, Ellinwood brought before the council
the request of Mr. Kurt Heath that the city accept his offer of
dedication of a continued right-of-way for Porto Marino Drive and
abandon the one-foot non~access strip at the end of the right-of-
way.
Mr. Kurt Heath stated at this time he would like to make an
alternate proposnl to the city in that he would be willing to
purchase an nccess easement through another property which
does have legal access to Porto Marino Drive, and he would be
willing to dedicate Porto Marino Drive as it goes through his
property any ti~e the City NAnted it.
Mrs. Polly Smith asked that the record show the Parks and Recrea-
tion Commission are interested in this area as a park below Porto
Marino Drive, dnd asked that that Commission be given the oppor-
tunity to study the alternate plan proposed by Mr. Heath.
The Chair remanded this mRtter to the Public Services Committee
to study Mr. He~th's alternate proposal.
AB 374 Action: Ordinance No. 58 N.B.
PROPOSED AMENDMENTS adopted:effective in
TO PARKING & LOADING ORDINANCE 30 days.
By Bill No. 37l~. of September 28, 1970, an ordinance entitled
AN ORDINANCE OF TRE CITY OF TIBURON AMENDING SECTION 13 OF THE
TIBURON ZONING OrrDINANCE~ came on for second reading and adoption.
By unanimous consent further reading of the ordinance was waived
and the ordinance was read by title only.
The ordinance having been so read, motion of Fanning, seconded
by Becker, that Ordinance No. 58 N.S. be deemed to have passed
second reading and be adopted, carried:
AYES: COUNCILHEN: Becker, Ellinwood, Fanning, Rice, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AB 413 Action: Continued to October 193
FRANCHISE CABLE TV 1970
OF MARINlJ
Continued to October 19.
AB 396 Action: Adopted Resolution No. 315
APPLICATION FOR EXTENSION
OF TEMPORARY USE PEID~IT
NvJPRR PARKING LOT
By AB 396 of October 13, 1970, the Development Administrator
brought before the council a resolution of the City Council
HINUTES 11215 October 13 1970
Page 5
HINUTES
II
215
October 13
Page 6
1970
Continued to October
AB 391
REPORT RESIDENTIAL BUILDING
RECORDS - REPORT ON PERFORMANCE
19
Continued to October
1970
Action
19~
Continued to October 19
AB 176
ANIMAL REGULATIONS
Continued
1970
Action
to October
19~
Continued to October 19
AB 400
PROPERTY DEVELOPMENT TAX
Motion of Rice, seconded by Fanning,
collision and comprehensive insurance
Action
to maintain the existing
carried on a voice vote
Continued
1970
to October
19~
AYES
NOES:
ABSENT
COUNCILMEN
COUNCILHEN
COUNC ILMEN
Fanning
Becker,
None
Sennett
Ellinwood
Rice
It was moved by Sennett, seconded by Fanning, that the city
delete the insurance for collision to city vehicles with the
exception of the street sweeper, but maintain the comprehensive
coverage of all equipment. Motion failed:
It was moved by Sennett, seconded by Rice, that Function H of
Account 513 be further increased by $844, and that amount be
transferred from the contingency fund to the General Fund to
pay the premium for the umbrella liability coverage, as recom-
mended by the City Manager. Motion carried on a voice vote.
It was moved by Sennett, seconded by Rice, that Recommendation
No.1 of the City Manager's recommendations of September 16, 1970
be adopted by this council, which is specifically the amount of
$3600, be transferred from the contingency fund to the general
fund al10ted to Function H, Account 513, for purposes of addi-
tional costs of premium. The motion carried on a voice vote.
AB 407
AMENDMENTS TO INSURANCE
BUDGET PROGRAM 1970~71
Approved payments for
increased basic liability
coverage & premium for
umbrella liability coverage
AB 407 of October 13, 1970, was introduced recommending budget
amendments and fund transfers to provide additional funds for the
payment of increased premiums on the city's liability insurance
program. This matter had been continued from September 28, 1970
pending a report from the Finance and Administration Committee.
The Committee recommended the coverage desired by the city does
warrant the increased premium
Motion of Fanning,
carried on a voice
Action
seconded by Becker
vote.
to adopt
granting an extension to the use permit for the NWPRR
at 1691 Tiburon Boulevard.
Resolution No
Parking Lot
315
AB 398 Action Continued to October 193
NEMO - PARKING ON RR PROPERTY 1970
OPPOSITE WATERFRONT IN DOvffiTOWN
Demareaux
Continued to October 19.
REGISTER OF CLAIMS Action Approved
Motion of Fanning, seconded by Becker, to adopt Register of
Claims No. 74, carried on a voice vote.
VI. QUESTIONS
~ ointments to Special Committees
Pursuant to council action at the last meeting and subsequently
to a request by Mr. Donald Loomis, chairman of the Parks and
Recreation Commission, with consent of council, the Chair appointed
the following people to the special committee on open space acqui-
sition:
Rampton Harvey, Chairman
Gordon Strewbridge
Jacqueline Parnell
Bruce Ross
Kenneth Rosenthal
Gary Gray
Mrs. Ma:ry Ann DiGrazia
Robert H3yne
Pursuant to direction at a prior meeting, and with consent of
council, the Chair rppointed the following persons to the joint
Belvedere-Tiburon Committee on Ecology:
Mrs. Mary Hilson
Mrs. Hildegard Manley
Mrs. Jennifer Dewey
Mr. Al Aranburu
Mrs. Anite Stein
A ointment to Parks and Recreation Commission
-----~
Ellinwood stated on Saturday, October 24, Planning Commissioner
Allan Thompson, Mr. Jeff Knight from the Parks and Recreation
Commission, and herself will interview applicants for the
appointment to the Parks and Recreation Commission.
VII. ADJOURNMENT
It being now the hour of 12:25 a.m., October 14,1970, and there
being no further business to come before the council, the Chair
declared the meeting 2djourned to Monday, October 21, 1970, at
7:30 p.m. 7g
ose, C~ty Clerk
Approved by the 'il on:
, .' 1970.
-
OF TIBURON
NINUTES 11215 October 13, 1970
Page 7
CITY COUNCIL
CITY OF TIBURON
I CALL TO ORDER
-
The adjourned meeting of the City Council of Tiburon, State of
California, was called to order by Mayor Denis T. Rice at 7:50 p.rn
October 19, 1970 in the Multi-Purpose Ro 0 mat Del Har School.
II. ROLL CALL
PRESENT: Councilmen: Hayor Rice, Becker, Ellinl-lood
Sennett, Fanning (8:20)
ABSENT: Councilmen: None
EX OFFICIO: La'>lrence D. Rose, City l1anager
Ro b e r t L. Kleinert, Assistant City Mgr
Wayne E. Hoody, Planning Engineer
Ray H. Foreaker, Jr. , City Engineer
III. APPROVAL OF MINUTES
No. 212 Action: Approved
At the request of Sennett the second paragraph of division IV
on page 2 ,>I a s amended to read as follows:
"Discussion was had on the following: community
bulletin boards, density, consideration of zoining
of all presently un-subdivided land 'o1ithin the City
of Tiburon to improve quality of construction and
used open space, etc. , etc. , "
. . .
and the minutes 'o1ere thereupon ordered approved by the Chair,
there being no objection.
No. 213 Action: Approved
At the request of Ellinwood the s~elling of "Racoon, is sub-
stituted for previous spelling; additional corrections were
made to minutes pages 2, 3, 4, 5 , and 6; thereafter, there
being no objection the Chair ordered the minutes approved.
IV. ORDINARY BUSINESS OF THE COUNCIL
AB 418 Action: Ordinance Passed~ First
Reading, Returns on
REZONING: RO-I TO RO-2 October 26, 1,970 for
LANDS OF DERRYBERRY Adoption
A public hearing on an ordinance to amend the zoning on Lands
of Derryberry from RO-l to RO-2 having been continued to this
time. The Chair opened the matter for discussion, '01 i t h special
reference to a letter from the City Attorney of the 16th of
October proposing certain procedures which, in effect, '>10 ul d
proceed with the req ues ted rezoning, reserving to the City
Council the right after a stipulated period of time to further
rezoning of the property should the applicants not have filed
a final map.
In discussion of these provisions, the applicant stated that
he wbuld not object to reconsideration of the zoning nine months
after the effective date of rezoning the final map had not been
filed.
Hotion of Becker, seconded by Ellinwood to amend the oridinance
by substituting the word "amend" in all places in the ordinance
including the title. where the word, correct, appears was
HINUTES a October 19 1970
-..;t./ c,' Page 1
approved without vote, the Chair ruling that there ~"'as
unanimous consent to its adoption.
Motion of Fanning, seconded by Becker to consider the ordinance
having passed first reading carried: All Ayes.
AB 419 Action: Continued until 30 days
after adoption of ordinance
TENTATIVE SUBDIVISION HAP, rezoning property
EL HARINERO UNIT 2
After a discussion as to whether design review should be made
a condition of approval of the tentative map, and hearing
objections from the applicant unless this provision were
made applicable to the entire city, further consideration of
the tentative map was continued until 30 days after the adoption
of the ordinance rezoning the property.
AB 420 Action: Rescinded order to City
Manager for hydromulching
DOWNTOWN AND REED BASINS contract in Reed Drainage
DRAINAGE PROJECTS Basin
After a report from the Consulting Engineer to the effect that
it would not be physically possible to hydromulch some 0 f the
areas in the Reed Drainage Basin considered necessary to any
effective silting control, and that he would therefore recommend
that this undertaking not be pursued, and hearing a further
declaration by Mayor Edwin Drechsel of the City of Belvedere to
the effect that the Belvedere Lagoon Property Owners Association
did not favor hydromulching, it was the sense of the Council
that its order to the City Hanager and Consulting Engineer given
on the 13th day of October proceed to let contracts for hydro-
mulching and should be rescinded.
It was the sense of the Council that no further action be taken
on the project for the Downtown Drainage Basin until the bids
to provide the pump and improve the ditch ~oTere received by the
City Council on the 26th of October.
AB 413 Action:
Ordinance passed first
FRANCHISE CABLE TV OF MARIN, INC. readi ng, returns on October
26" lB70 for adoption.
An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMEND
CHAPTER IX OF TITLE (COMMUNITY -
ING III OF THE TIBURON CITY CODE
ANTENNA TELEVISION SYSTEMS) 'toT as b ro ugh t on for first reading
by unanimous consent, the last sentance of Section II of the
ordinance was amended to read as follows: "Provided, however,
t hat 'toT her e the grantee has a franchise for an area less than the
entire area 0 f the city, the minimum fee provided for herein shall
not be applicable.
By unanimous consent further reading of the ordinance was dis-
pensed with the ordinance was read by title only.
Hotion of Fanning, seconded by Becker to consider the ordinance
as having passed the first reading carried; Roll Call, All Ayes.
AB 400 Action: Continued to November 23,
1970
PROPERTY DEVELOPMENT TAX AD HOC
At the request of the Chair, consid'eration of the ordinance
establishing a property development t ax was continued to the
second meeting in November.
AB 421 Action: Awarded contract for
Project M-70-2l to Bresnan
APPROVAL OF BIDS-WALK FROH Dalecio
JEFFERSON DRIVE TO REED RANCH ROAD
Bids for the construction of a foot path from Jefferson Drive
HINUTES . October 19. 1970
. ::V~ Page 2
to Reed Ranch Ro ad, otherwise k n 0 lv n as Project H-70-21 having
been opened and compared by the City Engineer, the Council
received his recommendation that a contract be aw'arded to
Bresnan-Dalecio, Inc. , for construction of the foot path at
the lowest bid figure of $6,594.
Motion of Sennett, seconded by Becker to accept the bid and
order the co n t r act awarded, carried unanimously.
AB 176 Action: Continued to November 2:5"
lB 70
ANIMAL CONTROL REGULATIONS
Ellinwood presentp.d the report of the Public Service3 Committee
reconmending that the City conform its Aninal Regulation
provisions 'f:Tith that of the County of Harin and execute a
Joint PO~vers Agreement that the county to animc::.l control services
provided on the basis of the Code as amended. After the debate
consideration of the p ropo s al ":vas continued pending receipt
of a report comJ?aring requirements of the Code at present those
which lvould be in effect through the proposed at:i.~ndments.
AB 391 Action: Received report" re-
quested additioual report
REPORT OF RESIDENTIAL BUILDINGS January 25" 1971
RECORDS
The City Council received the report of the de",elopmen t ad-
ministrator on the nUI:l~er of residential building record reports
issued in ~he fi:::'8t th '::ee rr.Jnths since cstRblishr:.ent of the
system and ordered that a f tLL' the r report be filed with the
council at the er..d 0.1: th~ next three r1 ant h [) "
~ J...
AB 398 ActiO::1: REferred to Staff
-.- ---
MEMO PARKING ON PROPERT~
OPPOSITE WATERFRONT DOHNTOWN
The City Council consj.dered .'1 L1emorandur.1 from the Planning
Director inviting attcation to +:he us e 0 f certain V~cant water-
fro n t property for pub 1 i c P c:: r kin g ,,;ri t l~ opt the con.sent of the
o~vne rs . The rae;norf1.ndnI7' T,vas :~efE:rred to staff for further report
and recommendetion o~ uhat steps, if p.ny, seem appropriate
in viet-l 0 f the probler:-:..
v. QUESTIOnS
Public Hearing on Housing Elemen~.f General Plan - Ellinwood
requested efforts be m;l. d e to giv;3 adequate publicity to the
pending hearing of the element on the 29~:h of October.
Plans for Improvement of Railroad Right-of-Hay - Sennett asked
the Parks & Recreation Commissio:n. be requested to give
immediate attention -1: 0 preparation of plans for the develop-
ment and us e 0 f the railroad right-of-way now under condemna-
tion, asking further consideration include a safe crossing of
Tiburon Blvd. , and Specific proposals ns to tile use to be
made, the cost of imp:::-ovements, the problems be encountered, and
proposing that the Hayor by letter communicate this wish to the
commission, nsking thnt they return :J. report by late November
or early December.
Deadlines and Time Frames - Becker asked that as to matters com-
ing before the City Council ther~ be some indication as to
imposed deadlines for accomplishing action particularly as
those actions relate to other raatters
HINUTES ft October 19. 1970
. (; Page 3
INTRA-CITY BUS SERVICE
Sennett questioned the stage of negotiations for provision
of the Intra-City Pilot Bus program. The Hayor and the
City lIanager advised the Council that contract negotiations
l-l ere b e held in abayance by the Harin County Transit System,
Inc. , until such time as further negotiations co u 1 d b e 'v 0 r ked
out at the Golden Gate Bridge, HighHay & Transportation
District and the Harin County Transit District. The City
Hanager was instructed to praceed with contract negotiations
lv i t h the bus company on the assumption that the t-layor would
be able to complete further negotiations with the t '11 0 o'
districts.
LOl-lER RACOON EASENENT
To a question by Sennett, the City Hanager responded that
the City Attorney had been asked for his opinion respecting
difficulties of the City being able to acquire title to the
easement. It was ordered that, upon receipt of the response
of the City Attorney, the matter be returned to the agenda
v. ADJOURNEHENT
I t b e in g no ll1 the ho ur 0 f 10:33 p.m. , October 19, 1970,
and there being no further business to come before the
council, the Chair declared the meeting adjourned to the
21st of October, 1970.
~~f. ~ -
HRENCE , City Cle'
Approved by the City r:
1970
--
TIBURON
MINUTES - October 19 1970
#~/ ~) Page 4
CITY COUNCIL
CITY O:! TIBURON
I" CALL TO ORDER
The regular meeting of the City Council, City of Tiburon, State
of California, was called to order by Heyor Denis T. Rice at
7:40 pom., October 26, 1970~ in the City Hall Council Chambers.
I!_~~~9.1.!..I GALL
PRESENT: COUNCILMEN: r'~a Y01.' Rice ~ Becker, Ellinwood (7:45),
,..... . Sennett
J! annl.ng:l
ABSENT: COUl~C ILMEN : None
EX OFFICIO: Rob2rt Lo Kleinert, Assistant City Manager
Robert I. Conn, City Attorney
R::: y H 0 Foxeaker, Jr., City Engineer
Phil V. Scott, Developrrent Administrator
LtJuis V 0 Brunini, Superintendent of
Public Works
~'lellen K. Hecht, Minute Clerk
III. APPROVAL O~ HINUTES
.......--~...~---.
No. 214 Action: Approved
With unanimous consent, the Chair ordered the reading of Minutes
No. 214 of October 7, 1970, waived, and the minutes approved.
IV.. ORDINARY nUSI:NESS OF THE COUNCIL
~",~~,_.."",,,,,~.e______..._..._..,,.
AB 420 Action: Continued to October 29~ 1970
DOWNTOWN AND REED ~-
for formal acceptance of low
DRAINAGE PROJECTS bid.
Mr. Milton Rudis, drainage consultant, reported J. R. Peters was
the low bidder in the downtown drainage basin project, with the
bid of $23,522. Mr. Peters Ddvised his low bid had been based
on being able to use the dirt QV3ilab1e on the site~ which Mr.
Hudis had assured him -:vould be possible.
In response to a question by Mr 0 Sennett, r1r. Hudis stated he
does feel this project will have A permanent usefulness and is
part of the permanent solution th~t will be recommended. He
stated he had ndvised all of the bidders dirt would be available
on the site and it wouldn't b9 necess1ry to truck any in.
Mr. Joseph Sheeks, repxes~nting the Northwestern Pacific
Railroad, stated the railroad will be quite willing to grant
a license on right of entry to the property, which could be
prepared on short notice and would have no termirdtion date but
does provide for termin~tion on 30 days' notice.
Mr. Allan Steinau of Belvedere urged the City of Tiburon to accept
the bid and proceed with the project.
Mr. Robert Conn~ City Attorney, advised the city not accept the
bid until the city has a license from the railro2d, a commit-
ment in writing from the City of Belvedere, and an agreement
with Mr. Hud is.
It was moved by Ellinwood, seconded by Sennett, that the council~
in recognition of the examination of the bids for the downtown
drainage project, indicate its intention to accept the bid of
J. R. Peters in the amount of $23,522, and to formally execute
the same on Thursday, October 29, 1970 , subject to concluding
agreements with the railrond.
October 26 1970
HINUTE S .~k217 Page 1
MINUTES
11217
October 26
Page 2
1970
It was the sense of the council that at the first reading the
following change had been made in the ordinance, which was not
reflected in the d~aft: The lAst sentence of Section 2 of the
The ordinance having been so read, it was moved by Fanning,
seconded by Becker, that Ordinance No. 59 N.S. be deemed to
have passed second reading and be adopted
Motion of Fannio8,
title only carried
seconded by Becker
on a voice vote.
to read the ordinance by
The public hearing
from the floor.
was
An ordin~nce entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING
Cfu\PTER IX OF TITL~ III OF THE TIBURON CITY CODE (COMMUNITY
ANTENNA TELEVISION SYSTEM), came on for second reading and adop-
tion.
declared open and comments
were invited
AB 413
FRANCHISE CAELE TV
MARIN, INC.
O~
Adopted Ordinances No. 59
and No. 60 N.S.~ effective
in 30 days
Action:
- ....'. ,-----
N.
S.
IV. ORDINARY BUSINESS OF THE COUNCIL
-_._-~.,...-__...----._~.......----.-.-.--.. .~-~..
Mrs. John Raisin 2sked the council to consider as a stop-gap
measure widening the shoulders of Tiburon Boulevard for bicycle
use. The Chair r~ferred to the Public Services Committee the
question of the possible closure of Tiburon Boulevard and
interim remedial alternatives to the closure, if any, to be
brought back at the earliest possible date.
Miss Leslie Anixter, chairman of the Del Mar School student body
spoke regarding the need for a bicycle path adjacent to Tiburon .
Boulevard fo~ students in the Del Mar School and urged paving
of the railroad right-of-way for this purpose. She presented a
letter to the council conveying this request. The Chair advised
the letter would be referred to the Parks and Recreation Com-
mission, who had ueen requested at the last meeting to recommend
a specific plan on the railroad right-of-way which has been
condemned by the city, to be brought back by December 15.
Bicvcle Paths
Del Mar School Area
-..--...., _.--.~~ _._~'-~...........-~--~
V. ITEMS
-=----
Ellinwood asked that the minutes reflect in this discussion
Mr. Hudis indicated publicly the responsibility is his in the
event the dirt requi~ed in the project is not available on
the railroad property.
NOT ON THE
-.,... ..
AGENDA
Question was called on the m~in m~tion of Ellinwood of the
council's intent to enter into a co~tract and accept the bid
and the motion carried on n voice vote.
Question was
carried on a
called on the
voice vote.
mot
Mr. Elreo DiMartini recommend~d
case the fill turned to mud in
fill had to be brought in.
ion
holding a contingency fund in
the first rain storm and other
to amend
and
the motion
Rice moved, seconded by Becker, to amend the motion to provide:
And that the project be funded by the contribution of Tiburon in
the amount of $15,681, to be funded $7500 from Project 70-1
and the balance from drainage in lieuo
MINUTES
1f217
October 26
Page 3
Motion of Fanning, seconded by Becker
title only~ carried on a voice vote.
1970
AB 418".
REZONING
LANDS OF
to read the ordinance by
~ction Adopted Ordinance No 6l N.S.
'. - . .
effective"in 30 daus. Matter to be
" '
brought back before City Council in
". . " J.u1.y J92.1_r~ .fili.ng or fi.nal subdivi-
An ord~nance entltled AN ORDINANl"E OF THE t.;1 Y Ulr T1BURul~ .'
REZONING PROPERTY IN THE EL MARINERO AREA FROM RO.l TO RO.2 s~on map
came on for second reading and adoption
P.O.l ~O RO
DERR YBEIU~:-~
?
In view of staff's comments and recommendations
the hearing in this matter for November 9, 1970
,
the Chair
The Assistant City Manager read a letter from the Planning
Director to Mr. NORh dated October 14, 1970, indicating
certain deficiencies still existed~ and therefore it was
staff's opinion Mr~ Noah has still not complied in full with
the zoning requir€m~nts.
set
The Development Ad~inistrator advised revised drawings had
been received frow Mr. Noah's architect but there were still
areas of question.
A hearing on the Order to Show Cause of why a residence at
#6 Rolling Hills Road owned by Rplph Noah should not be abated
as a public nuisance, having been set for October 21, and
continued at that time~ came on now for consideration of re-
setting the date.
AB 414
NUISANCE ABATEHENT
#6 ROLLING HILLS RO~D
Ralph Noah
Hearing on Order to Show
Cause set for November 9,
1970
AYES:
NOES:
ABSENT
COUNCILl!1EN
COUNCILMEN
CCUNCILHEN
Eecker
None
None
Action
-...... ----...--...
Ellin~~700d
The ordinance having been so read~ it was moved by Fanning,
seconded by Becker, thnt Ordinance No. 60 NoS. be deemed to
have pC::3sed second reading and be adopted Motion carried:
Fanning
Rice
Sennett
By unanimous consent further reeding of the
waived acd the ordinance was read by title
ordinance was
only.
The public hearing
the floor.
was
An ordin,:lnce entitled AI\~ ORDINANCE OF THE CITY OF TIBURON AMEND-
ING ORDINANCE NO. 56 NoS., GRANTING A FRANCHISE TO CABLE TV OF
MARIN, INCa, BY M1EtlDING SECTION 2 TO ELIMINATE GREENWOOD BEACH
ROAD AREA, came on for second reading and adoption.
op~ned
and comments
v.7ere
5_nvited from
AYES
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMTI:N
Becker
None
None
Question was called on the
the motion curried
Ellinwood
Fanning
Rice
Sennett
motion to adopt
the ordinance should read, Provided, however that where the
grantee has a franchise for an area less than the entire area of
the city, the minimnm fee provided for herein shall not be
applicable.i1
Ordinance 59 N.S
and
MINUTES
11217
October 26
Page 4
1970
Motion of Fanning, seconded by Ellinwood, that the Mayor be
authorized to sign on behalf of the council the proposed Agree-
ITlent of the Joint Powers Amendment, attached to the agenda
bill. carried on a voice voteo
AB 422 was introduced containing a proposed amendment of the
City-County Planning Council to the Joint Powers Agreement
reducing the quorum of that council to a minimum of seven
persons, one from each of the six cities and one from the
count Yo The present by-laws call for a majority of the members
to be present.
AB 422
JOINT POWERS AGREEMENT
CITY-COUNTY PLANNING COUNCIL
OF MARIN, AMENDMENTS
Actio~:Apppoved Amendment of City-
County Planning Council of Marin
Joint Powers Agreement
A recess
9:20 p.m
IV
was taken at 9:10 p.mo
., the roll standing as
ORDINARY BUSINESS OF THE COUNCIL
the council reconvening at
originally takeno
RECESS
Mrs. Abbott Wold, representing the League of Women Voters of
Southern Marin, requested an affirmative vote be considered
for Propositions 1 and 18, Proposition 1 being the clean
water bond law of 1970, and Proposition 18 having to do with
the motor vehicle taxation and revenues
Propositions 1 and 18
AYES
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNC ILl'1EN
v
Becker
None
None
ITEMS NOT ON THE AGENDA
Fanning
Ellinwood
Question was called on the motion to adopt Ordinance 61
and the motion carried
Rice
Sennett
N
Ellinwood asked the record to reflect the minutes referred to
by Mrs. Bodian as showing the intent of the Commission to zone
the Bodian property RO.2 were the Planning Commission minutes
of July 13, 1970, and not the minutes of the City Council.
s
Mro Leo Bodian questioned whether this action only referred to
the Derryberry property. Mrs. Bodian stated previous minutes
had clearly reflected in their case it was an artist's error
and their property should be zoned RO.2. The Chair stated
the council disputed that a draftsman's error had occurred,
but because of the interest of Mro and Mrs. Bodian that their
property be rezoned RO.2, this matter, along with the Casella
matter, will be advertised and brought in for first reading
on November 23.
The Chair stated it had been the intent of the council in
rezoning this property that nine months from the rezoning
this matter is to be brought back before the council to
insure that the final subdivision map has been filed and
accepted.
It was moved by Ellinwood, seconded by Becker, that Ordinance
No. 61 N.S. be deemed to have passed second reading and be
adopted.
The public hearing was
from the floor.
declared open and comments
were invited
VI QUESTIONS
Recruitment of eit er
The Chair stated in connection with the resignation of the City
Manager, effective December 1, he initiated publications for
advertising for a city manager in both the Western Cities Maga-
zine and the ICMA, with the ads in both magazines coming cut
in the November issues. He had directed replies be sent directly
to the Mayor, and he recommended the Finance and Administration
Committee screen the replies rather than the City Manager.
Lower Racoon Easement
Sennett requested Lower Racoon Lane be placed on the agenda at
the earliest possible date with specific recommendations from
staff in order that the matter may be resolved.
The Chair stated the matter is currently with the City Attorney
for his opinion respecting difficulties of the city being able
to acquire title to the easement.
The Chair stated he will try to agendize the matter for
November 23, but in accordance with the request of the Lands
and Development Committee, he will check with that committee
before agendizing the matter.
Resignation of City Manager
There being no objection, the Chair directed the record reflect
the council has received the letter of resignation of the City
Manager and reluctantly accepted it on the basis it was
tendered.
VII. ADJOURNMENT
It being now the hour of 10:05 porn., October 2, and there being
no further business to come before the council, the Chair
declared the meeting adjourned to Thursd~y, November 29, 1970.
Approved by the City Co~l on:
/ !
, /
~/1970.
r
\\
MAYOR I BURON
MINUTES ff2l~ October 26, 1970
Page 5
MINUTES
11218
October 29
Page 1
,
The Chair stated he had before him a copy of the agreement
signed by Tom Price, Mayor Pro Tern of Belvedere. The Chair
dated the agreement October 29, 1970, and executed it at this
time, with the instructions that it be forwarded back to the
City Manager of Belvedere in order that Mayor Pro Tem Price's
signature may be attested to by the Belvedere City Clerk.
1970
It was moved by Ellinwood, seconded by Sennett, that the Mayor
be authorized to sign for the City of Tiburon the two-page
document dated October 29, 1970, titled Agreement Re Interim
Project, Downtown Basin, which agreement reflects the sharing
of expenses for the drainage project with the same name between
the Cities of Tiburon and Delvedere. Motion carried: All Ayes.
Mayor Rice signed the agreement at this time, which had
already been signed by the NWPRR, and dated the agreement
October 29, 1970.
It was moved by Ellinwood, seconded by Sennett, that the City
authorize the Mayor to sign the agreement made this date,
October 29, 1970, between the Northwestern Pacific Railroad
and the City of Tiburon, w~ich proviJes for license agreement
with the railroad that the City construct on railroad property
that project known as Interim Project - Downtown Basin, copy
of which has been presented to the City. Motion carried: All
Ayes.
It was moved by Ellinwood, seconded by Sennett, that the City
Council engage in a contract for the engineering consultant
and ple-nning services of Mr. Milton Hudis, as set forth in
the undated document headed Contract for Engineering Consulting
Services. Motion carried: All Ayes
The City Attorney advised the license prepared by the railroad
giving permission to the City of Tiburon to do work on the
railro~d property is cancellable by either side on 30 days'
notice. Also, should there be any liability imposed as a result
of this project, it would be Tiburon's liability. The Chair
suggested the city's insurance policies be examined to insure
the city had adequate coverage along these lines.
AB 420
DOWNTOWN AND REED BASIN
DRAINAGE
OF THE COUNCIL
. Low bid formally accepted for
Act1on: Downtown Drainage Projecf.
Agreements signed between City and
NWPRR, City of Belvede~e and Milton
This matter had been continued ~ik8bctober 26 in order that
the proper documents could be prepared before the City Council
accepted the bid for the downtown drainage project.
PRESENT
ABSENT:
EX OFFICIO
III
COUNCILMEN
COUNCILMEN
ORDINARY
Ellinwood, Rice, Sennett
Becker, Fanning
Robert L. Kleinert, Assistant City Manager
Wayne E. Moody, Planning Director
Robert I. Conn, City Attorney
Hellen K. Hecht, Minute Clerk
BUSINESS
II.
The adjourned meeting of the City Council of Tiburon, State of
California, was called to order by Mayor Denis T. Rice at 7:42
p.m., October 29,1970 in the City Hall Council Chambers
ROLL CALL
I
CALL TO ORDER
CITY COUNCIL
CITY OF TIBURON
MINUTES
11218
October 29
Page 2
,
The Planning Director introduced the Marin County-wide Initial
Housing Element as a complete set of facts and goals toward
developing the whole county-wide housing element. He stated
each city and county in the state is obligated by law to prepare
a general plan, which now includes a housing element for all
income groups in each community.
1970
At this time Planning Commissioners Allan Littman and Charles
Bassett were seated with the council.
Marin County-wide Initial
Housing Element-1970, as prepared
~or the City-County Planning Council
of Marin by the Marin County Planning Department
V.
A recess was taken at 8:12 p
8:22 p.m.
JOINT CITY COUN~IL/PLANNING COMMISSION
MEETING
.m
the council reconvening at
RECESS
~uisance Abatement #6 Rolling Hills
At the request of Ellinwood, and because of the heavy agenda
on November 9, the Hearing to Show Cause of why a residence at
#6 Rolling Hills should not be abated as a public nuisance
~ was removed from the November 9th agenda and reset for
November 23. Sennett asked that the proper notifications
be sent out to the neighbors most affected.
Expressing council's concern in this matter, the Chair directed
staff employ legal procedures consistent with the City Code to
see that the developer carry out his obligation and notify the
council by Monday as to the status of this matter.
Ellinwood stated she had received a phone call from Belvedere
Councilman Steinau expressing concern about the extensive con-
struction going on north of Red Hill on the lower slope above
the highway. He urged immediate hydromulching of the bank as
any runoff from this area will drain across Tiburon Boulevard
and into the Belvedere Lagoon. The Planning Director advised
that the Board of Design Review approved this project with the
condition that landscaping be done prior to occupancy, and this
could be enforced immediately using the recent drainage guide-
lines prepared by the City Engineer
Potential Slide
Red Hill Area
IV
To insure that the press will have accurate information, Sennett
reminded that only $7500 came from tax funds, and funding for the
rest of the project, as far as Tiburon is concerned, comes
from money put aside specifically for this purpose by the
property owner Mr. Fred Zelinsky.
QUESTIONS
AYES
NOES:
ABSENT
It was moved by Ellinwood, seconded by Sennett, to approve the
bid for the Downtown Drainage Project in the amount of $23,522
and that the project be funded by the contribution of Tiburon
in the amount of $15,681, $7500 to be funded from budgeted
Project 70-1 and the balance from the Drainage in lieu funds
Motion carried:
COUNCILMEN
COUNCILMEN
COUNCILMEN
Ellinwood Rice
None
Becker Fanning
Sennett
,
+
MINUTES
(
TY-OF-rIBURON
1'1=213
October 29
Page 3
1970
1970
Approved by the
It being now the hour of 10
business to come before the
meeting adjourned sine die.
on
further
the
VI
The Chair directed the Planning Director to draft an agenda
bill to bring before the council based upon what the county
staff and some of the other cities are doing, and setting
forth the task of the committee.
ADJOURNMENT
Mr. Von Gundell urged the city to develop their plans during
the winter months so that various initial housing elements
could be adopted and implemented by next summer. Mrs. Azevedo
stated they were hoping to go before the Board of Supervisors
before July of next year.
Members of the council and the Planning Commission addressed
themselves to the report. It was the general consensus that
the citizens of the community should be involved and that a
citizens committee should be appointed to determine the
kind of mix Tiburon would want and how it can be realistically
achieved. Commissioner Littman urged the committee present a
wide spectrum of views.
Dr. Robert Stein, representing the Committee for Adequate
Shelter for All; Helen Benedict of the League of Women Voters of
Southern Marin; and Mr. Clarence Bullard urged the council and
commission to develop a housing element for low and moderate-
income families. Mrs. Margaret Azevedo of the City-County
Planning Commission urged that a citizens advisory committee
be set up for the purpose of defining and suggesting general
goals in this area.
Mr. Werner Von Gundell, Planning Director for Marin County,
presented the staff report and recommendations for the housing
element. He stated the housing element is organized into (1) a
statement of goals, (2) a statement of the obstacles, (3) a
statement of objectives and goals, (4) a statement of planning
activities relating to housing, and (5) a statement of implementa-
tion actions. He showed slides depicting examples of moderate ·
income housing in the county and listed the three goals for eac~
city to work towards as being (1) expand the supply of housing,
(2) involve the community, and (3) tie in residential develop-
ment with the processes of community planning and improvement.
MINUTES
1/=219
November 9
Page 1
,
1970
AYES
NOES:
ABSENT:
ABSTAIN
COUNCILMEN
COUl'iC ILMEN
COUNCILMEN
COUNCILMEN
Becker Sennett
None
Fanning, Rice
Ellinwood
Motion of Becker, seconded by Sennett, to
of October 19, 1970, as amended, carried:
approve Minutes
No.
The Chair further requested on page 2, under AB 420~ in the
last sentence of the first paragraph, the word t1andt~ be
stricken, to read, iJ. . . to let contracts for hydromulching
should be rescinded ,"
216
'Discussion was had on the following: Community
bulletin boards, density, consideration of re-
zoning of presently unsubdivided land within the
City of Tiburon to improve quality of construction
and of open space, etc., etc., . . .?'
The Chair requested the following
212 on page 1 of Minutes No. 216,
correction to Minutes
read as follows:
No
216 ~Etion Approved
With unanimous consent, the Chair ordered the reading of
Minutes No. 216 of October 19, 1970, waived.
No.
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCILMEN
COUNCILMEN
COUNCILMEN
COUNCILMEN
.
.
.
.
.
.
.
Becker Rice
None
Fanning, Rice
ElI inlvood
Motion of Becker
carried:
seconded by Sennett
215
With unanimous consent
No. 215 of October 13,
the
1970
,
to approve Minutes No.
Action Approved
Chair ordered the reading of Minutes
waived.
215
No.
ABSENT:
EX OFFICIO
III
APPROVAL OF MINUTES
Mayor Rice (8:05), Becker Ellinwood
Sennett
Fanning
Lawrence D. Rose, City Manager
Robert L. Kleinert, Assistant City Manager
Richard H. Breiner, Deputy City Attorney
Wayne E. Moody, Planning Director
Ray W. Foreaker, Jr., City Engineer
Phil V. Scott, Development Administrator
Hellen K. Hecht, Minute Clerk
COUNCILMEN
PRESENT
COUNCILMEN
II
The regular meeting of the City
State of California, was called
Albert H. Sennztt at 7:50 p.m.,
City Hall Council Chambers.
ROLL CALL
Council,
to order
November
City of Tiburon,
by Mayor Pro Tern
9, 1970, in the
I
CALL TO ORDER
CITY COUNCIL
CITY OF TIBURON
No. 218 Action Approved
With unanimous consent the Chair ordered the reading of
Minutes No. 218 of October 29, 1970, waived.
The Chair requested paragraph 5 on page 3 read as follows
-'TThe Chair directed the Planning Director to
draft an agenda bill to bring before the
council creating~a citizens committee on
housing based upon. . .H
Motion of Sennett, seconded by Ellinwood, to approve Minutes
No. 218 of October 29, 1970, carried:
AYES: COUNCILMEN: Ellinwood, Sennett
NOES: COUNCIL}ffiN: None
ABSENT: COUNCILMEN: Fanning, Rice
ABSTAIN: COUNCILrffiN: Becker
IV. CONSENT CALENDAR
The Consent Calendar was remanded to the General Calendar.
V~ ORDINARY BUSINESS OF THE COUNCIL
AB 375 Action: Continued to November 23 19?O
TRAILS PLAN, -'
PHASE II
The Plnnning Director introduced AB 375 of November 9, 1970,
containing the report of the Joint Trails Committee on Phase II
of the Tiburon Trails Plan.
It was the sense of the Council they were in agreement with the
recommendation of the Joint Trails Committee that more than one
public hearing should be held in this matter and no vote should
be taken on the resolution at the first hearing.
The Chair declared the public hearing open.
Messrs. Edgar Reed, Neil Smith and David Winslow all spoke in
opposition to the trails plan. Mr. Smith suggested considera-
tion be given to creating a number of smaller parks to which these
trails would lead rather than to what will eventually be back
yards.
In response to a question by Mrso Winslow, Rice advised the
City can condemn any property within the city limits if it has
the money to pay for it, but it is uncertain whether the city
would take this action to acquire property for the trails.
Mr. Sol Silver of the Marin County Planning Department explained
county property owners were not notified of this meeting because
the county will be hold:tng- -hearings for that portion of the trail
applicable to the county areas. In regard to a floating easement,
Mr. Silver advised the lines indicated on the trail map are a
preferred location and as development emerges there would be a need
to modify and adjust the trail.
In response to a question by Mro Rufus Thayer, the Deputy City
Attorney advised if the city improves the trail, the city would be
liable.
The Chair directed this ffi3tter continued to November 23 and
requested that property owners in the city and in the county be
notified of the n~xt meetingo
November 9 1970
MINUTES #219 Page 2
MINUTES
#219
November 9
Page 3
,
The City Manager stated the proposed ordinance is a recitation of
the personnel section of the Code in its entirety and sets up the
1970
An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON
AMENDING SECTION 3-3 OF THE TIBURON CITY CODE, THE PERSONNEL
SYSTEM OF THE CITY OF TIBURON, came on for introduction and
first reading
AB 429
AMENDING CITY CODE
TO PROVIDE FOR MID YEAR
SALARY REVIEH
2 3~
Action
Continued
to
,November
1970
v
Ellinwood reported members
cated to her their concerns
is. She urged them to prepare
this be agendized for November
ORDINARY BUSINESS OF THE
of the Ecology Committee had indi-
an what their role and responsibility
a written report, and requested
23rdo
COUNCIL
Mr. Donald Loomis of th,~ Parks and Recreation Commission
questioned whether the city had any plans of requesting the Golden
Gate Bridge and Transportation District to include Tiburon in
their ferry service. Ellinwood urged the council formally
declare its desire to become a part of the overall water transit
mode of the Golden Gate Bridge Highway and Transportation
District
There being no comments from the floor directed to items not
on the agenda, the Chair summari7.ed the following correspondence
A letter from Mrs. Bonnie Raisin to the City Manager expressing
her appreciation for the increased number of police cars on
Tiburon Boulevard in response to recent complaints on speeding
and careless driving; a letter from Mr. McGuinness of the County
pertaining to a resolution on the Marin County Economic Council,
which matter will be discussed later in the agendao
At this
A recess
9:10 p.m
point Mayor
was taken at 8:55 porn.
., the roll standing as
Rice assumed the chairmanship of the council.
the council reconvening at
originally takeno
RECESS
---.......-..-..-.-
In summarizing a number of letters written by the Girl Scouts, the
Chair summarized their main concerns as being with the development
of the bicycle trnil Gnd the status of the Richardson Bay Park.
In response to their inquiry as to what they could do to improve
the appearance of the park, the City Manager recommended consid-
eration be given to expanding the landscaping and to a cleanup
project. He suggested they contact the Superintendent of
Public Works directly. Hiss Auburn' Redfield, a member of the troop
presented a letter written to Mr. Larry Hoyt of the Northwestern
Pacific Railway by Mrso Bonnie Raisin endorsing the efforts of
the citizens of Tiburon to acquire the railroad right-of-way and
urging the railroad to enter into immediate negotiations with
the city. She stated the scouts will be circulating the letter
throughout the community requesting citizens endorse the peti-
tion.
The Chair recognized the
1971 accompanied by Mrso
presenc~ of members
Schollo
of Girl Scout Troop
Recognition of Girl Scout
I V~._
Troop
ITEMS
1971
NOT ON THE AGENDA
MINUTES
{f2l9
November 9
Page 4
1970
Motion of Sennett, seconded by Becker, that the ordinance, as
amended, be read by title only, carried on a voice vote, and
the ordinance was read by title only.
AYES
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILl1EN
Becker, Ellinwood
Rice, Sennett
Fanning
It was moved by Ellinwood~
date at the bottom of page
:7No later than February 28
from line 2 of the first
seconded by Becker, to change the
1 from "No later than Max 31:1 to
and to strike the word 'immediately
paragraph on page 2. Motion failed:
, ,
AYES:
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
Becker,
Rice
Fanning
Ell inv300d
It was moved by Becker, seconded by Ellinwood
the paragraph in the middle of page 2, :!July;1
than April 30 of each year, the City Manager
carried:
Sennett
to strike from
and insert "No later
o . l' Motion
,
There being no objection, with general consent, the Chair directed
the date in parag::aph (h) be changed from -"In October of each
year:1 to J'No later thnn O~tober 31 of each year. f1
The Deputy City Attorney pointed out the substantive changes made
were to add the last paragraph on page 1, ending on page 2, and by
adding the paragraph in the middle of page 2, after the numbered
subsections, starting with .111n July of each year . . . .'1
There being no objection,
the last paragra?h on page
May 31 of each year . 0 0;1
with general consent,
1 be changed to read
the Chair directed
"No later than
AYES
NOES:
ABSENT
COUNCILHEN
COUNCILHEN
COUNCILMEN
Becker
Rice
Fanning
Ellinwood
Sennett
Question
was
called on the motion to amend
and the motion carried
And to
H(h) In October of each year, the City Manager
shall propose to the City Council any additional
adjustments which are necessary and essential to
provide a level of the salary and wages adequate
to attract and retain the skills, capabilities and
services required for the operation of the city. 'l
strike the remaining portion of that subsection
It was moved by S8nnett seconded by Ellinwood, to change
Paragraph (h) on page 3 of the ordinance to read:
The
Nos
'V70rd
(1)
,
-'Jmnster:J
(2) nnd
should be deleted
(4) in Subsection
from
.(b).
On page 1, under Subsection (b),
in the paragraph should read i7The
plan shall contain the following:
the last sentence
Master personnel
two-phase review by providing generally for the cost of living
review at the beginning of the fiscal year and the review of
the various classif~c3tions and individual positions in mid
fiscal year. The City Manager requested the following changes
be made to the ordinance:
Motion of Sennett that the ordinance, as amended, be deemed to
have passed first reading, failed for lack of a second.
The Chair directed the hearing on the ordinance continued to the
next regular meeting.
AB 428 Action: Passed tst reading~ returns
PROPOSED ORDINANCE ESTABLISHING Jllovember 23., t970 for adoption
PARKS AND RECREATION CO~1ISSION
By Bill No. 428 of November 9, 1970, an ordinance entitled
AN ORDINANCE OF THE CITY OF TIBURON ADDING ARTICLE IV TO
CHAPTER 2 OF THE TIDURON CITY CODE, BY ESTABLISHING A PARKS
AND RECREATION CO~1ISSION AND SETTING FORTH ITS DUTIES AND
AUTHORITY, came on for introduction and first reading.
Motion of Sennett, seconded by Becker, to read the ordinance by
title only, carried on a voice vote, and the ordinance was there-
after read by title only.
It was moved by Becker, seconded by Ellinwood, that the ordinance
be deemed to have passed first reading.
The public hearing was declared open.
It was moved by Ellinwood, seconded by Becker, to change
Section 2-20 on page 1 of the ordinance as follows: "The
Commission shall consist of seven members, all of whom shall
be appointed by the council, after nomination by the Mayor, and
may be removed. . .:1 Motion failed:
AYES: COUNCILMEN: Becker, Ellinwood
NOES: COUNCILMEN: Rice, Sennett
ABSENT: COUNCILMEN: Fanning
Question was now called on the motion that the ordinance be deemed
to have passed first reading, and the motion carried:
AYES: COUNCILMEN: Becker, Ellinwood, Rice, Sennett
NOES: COUNCILMEN: None .
ABSENT: COUNCILMEN: Fanning
AB 426 Action: Remanded to staff for report
REED SCHOOL PARK -
STATUS
The Planning Director introduced AB 426 of November 9, 1970, con-
taining his report and recommendations regarding the proposed
acquisition of parcels of land for the Reed School-Hilarita
Park site.
Discussion ensued.
It was moved by Sennett, seconded by Rice, that the Planning
Commission consider initiating rezoning proceedings for cluster
development on Parcels E and F.
It was moved by Ellinwood, seconded by Becker, to amend the
motion to include Parcel H. Sennett did not accept the amendment
and stated it was his intention by his motion to implement the
committee's recommendations.
Question was called on the motion of Sennett and the motion
carried: All Ayes.
November 9 1970
IvIINUTES #219 Page 5
MINUTES
11219
November 9
Page 6
The City Mdnage~ introduced AB 423 of November 9, 1970,
containing a resolution accepting a grant deed of easement,
lot 8, Porto 11~rino Estates, as offered by the subdivider.
1970
AB 423
ACCEPTANCE OF GRANT DEED
OF EASEMENT, LOT 8,
MAP OF PORTO f/fARINO ESTATES
Grant Deed of easement
aocepted by Resolution No.
317
AYES:
NOES:
ABSENT
COUNCILNEN
COUNC ILivIEN
COUNCILMEN
Becker
None
Fanning
Action
Ellinwood
Motion of Sennett, seconded by Ellinwood
No. 62 NoS., car~ied:
Rice
Sennett
,
to adopt Ordinance
Discussion on
By unanimous consent further reading of the ordinance was
and the ordinance was read by title only.
the ordinance ensued
Section (e)
Section 11
of ~ Story"
should read: .'lFor the purposes
of the Tiburon Zoning Ordinance,
shall be as follows: . . ."
waived
of applying
the definition
,
'(d) For the purposes of applying Section 11 of the
Tiburon Zoning Ordinance, the definition of 'Height of
Building or Structures' shall be as follows: . . .l'
The
made
read
Deputy City Attorney recommended the following changes be
to the ordinance: Page 3 of the proposed ordinance should
The Planning Director stated
urgency ordin3nce be adopted
to make permanent re"visions.
the Planning Commission urged the
while they are conducting a study
The Chair declared
An ordincnce entitled AN INTERIM ORDINANCE OF THE CITY OF
TIBURON REQUIRING DESIGN REVIEW FOR DWELLINGS OVER TWO STORIES
OR DjffiLLINGS tVHJCH EXCEED THIRTY FEET IN HEIGHT AT ANY POINT,
being an urgency ordinance, came on for reading and adoption.
the public hearing open
AB 427
URGENCY INTERIM ORD1NANCE
TO REQUIRE DESIGN REVIEW
FOR DWELLINGS OVER THO STORIES
Action: Adopted
--- Ordinanoe
Urgenoy In terim
No. 62 N.S.
The
the
Chnir directed this m3tter be returned to the council
~eport f40ill staff has been prepared.
when
It was the sense of the council that an offer of purchase on
Parcel G should not be made at this time until the city has
established a definite priority basis for spending city funds
After discussion, Decker withdrew his motion, and it was moved by
Sennett, seconded by Eecker, that the Planning Director, through
the City I.wnager's office, be directed to obtain estimates from
the 0~1ners of parcels w~lich are subject of this report, of the
amount that they would accept for sale of their parcels to the
city and report that information to the City Council. Motion
carried: All Ayes.
It was moved by Becker that the council authorize the city staff
to contact the owners of Parcels E, F, G and H, stating the
Cityis interest and formulate n basis for commencing negotiations
for purchase, and <J.t the same time that the council obtain
outside ~ppraisals on each of the propertieso
It was moved by Sennett, seconded by Becker, that the council
accept the grant deed of ensement by Resolution 317. Motion carried
All Ayes.
AB 424 Action: Deferred to Executive Session
CLAIM FOR DAMAGES -
FRED ZELINSKY
This matter was deferred for Executive Session.
CASH FLOt-J STAl'EHENT
There being no objection, with unanimous consent the Chair
accepted the monthly Cash Flow Statement for September 1970.
REGISTER OF CLAIMS
Motion of Sennett, seconded by Becker, to approve Register
of Claims No. 75 for September 1970, carried:
AYES: COUNCILMEN: Becker, Ellinwood, Rice, Sennett
NOE S : COUNCILMEN: None
ABSENT: COUNCILMEN: Fanning
STATUS AND SETTING OF HEARING DATES
The Planning Director brought before the council a status
report of p18nning matters at the council level and
recommendations for new hearing dates.
By consent the following dates were approved:
Rezoning radian Property - November 30
Rezoning Casella Property - November 30
Tentative Subdivision El Marinero Unit 2 - December 14
Tentative Subdivision, Mt. Tiburon Units 3,4,&5 - Nov. 23
Amend Fee Schedule - December 14
Final Map, Deak & Co. - December 14
Nuisance Abatement, Noah - November 23
VI. QUESTIONS
CONSTRUCTION OF LIGHTING
FOR TIBURON BOULEVARD
The City Manager requested immediate allocation of $1,950
to provide new street light installations on Tiburon
Boulevard, after the undergrounding of utilities is com-
pleted, and an additional curb landing at Juanita Lane.
It was moved by Rice, seconded by Sennett, that the council
authorize this construction project and approve expenditure
of the gas tax in the amount of $1950. Motion carried:
AYES: COUNCILMEN: Becker, Ellinwood, Rice, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Fanning
BRIDGE, DOWNTOHN RAILROAD YARD
Ellinwood requested consideration be given to building bridges
over the railroad property in order that pedestrians may walk
from Old Tiburon across the railroad yard while the drainage
project is under construction. She recommended either the
Public t10rkR Department construct the bridges or the staff
look into buying military pre-fabricated bridges.
The Chair directed the staff look into the matter of getting
permission from the railroad to construct the bridges.
f
November 9~ 1970
MINUTES 41219 Page 7
HINUTES
ff219
November 9
Page 8
1970
f.
The Chair directed this matter be agendized for November
at which time the staff should bring in a report on this
30,
matter
The Chair stated Harbor Carriers was again applying to the
Public Utilities Commission for permission to provide ferry
service to Alcatraz~ which the city had previously opposed.
The hearing before the PUC is set for December 15.
Harbor Carriers_Applicat~on
The Chair stated he had received a communicatron from the Board
of Supervisors declaring December to be the E~ual Opportunity
Month throughout Marin County and urged all Marin County
residents support the Marin County EGC by adopting a similar
resolution. There being no objection, with general consent,
the Chair directed Resolution 318, embracing the text of the
Board of Supervisor's ~8solution, be adopted.
for
Fe:rry
Service to Alcatraz
Council Resolution
~._..,
Equal Opportunity
To a question by Ellinwood, the Development Administrator
responded the report on what signs in Tiburon are non-
conforming to the sign ordinance has not been completed.
Ellinwood indicated her desire to check the inventory completed
to date
Review of
In response to (} question by Ellinwood~ the City Manager stated
PG&E has just completed the transfer of putting in the incandes-
cent 4,000 fixtures in Reedland Woods. All the lights will be
energized and the property owners will have two weeks to request
certain lights be tu~:ned off. Ellinwood requested a report
in this matter be furnished at the November 23rd meeting.
Sigps and, Ligllting...L..Qo~town Tiburon
Ener
Sennett requested the council consider the suggestion of
asking the Planning Commission to study the proposal that
design review be required on all residential construction
hts
R.eedland Hoods
-..---
Sennett questioned the status of a request by Mr. Robert Wayne
forwarded to the council requesting an amendment to the appro-
priate ordinance to prevent duplication of buildings with identi-
cal exterior design within a thousnnd foot radius. The
Planning Director advised he was aware of this request but the
major problem ~vas in reviewing every building plan that came
in to determine whether it is similar to a previous plan.
Proposed Ordinance
Ellinwood urged the council reassess what has been done and
what they intend to do in terms of cooperation with the
City of Belvedere, and that they take this opportunity to
explore matters such as joint police services and parks and
recreation programs.
Re Buil~ing_Design
Reassessment of City~ouncil_Jolicies
Ellinwood reported she attended the League of California Cities
meeting and will compile a report for the council in the near
future.
League of California
Cities
Het:..ting
Inquirty to the Golden Gate Bridge Authority
Ellinwood suggested consideration be given on November 30 to
presenting a formal inquiry to the Golden Gate Bridge and
Transportation District relating to their interest in the
Tiburon ferry boats.
Policy of Tiburon Re F~ture Contracts
Ellinwood requested a statement of policy be drawn up indicating
Tiburon will not contract with other than equal opportunity
employers, as is the practice of the county. The Chair
directed an agenda bill be prepared for the November 30th
meeting in this rega~do
Marin County Transit Systems~ In~
The Chair reported on the indication at the Marin County
Transit District meeting on the bus proposal. They appeared
to object to free bUD serviceo It was the sense of the
council that a charge of 5~ or 10~ should be made for bus
service. The Chair directed the Public Services Committee
review this matter and bring in a revised report on November 30
for the Marin County Transit District.
VII, EXECUTIVE SESSION
At 11:45 p.m., on the order of the Chair, the City Council
recessed into Executive Session.
At 12:05 the council reconvened and announced the appointment of
Mr. Peter Arnold to the Parks and Recreation Commission.
VIII. ARJOURNMENT
It being the hour of 12:07 p.m.) November 10, 1970~ and there
being no further business to come before the council, the
Chair declared the meeting adjourned sine die.
~ ~p
~, City er
Approved by the City 71 on:
19700
~.
: BURON
November 9, 1970
MINUTES 11219 Page 9
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 To Rice at
7:40 p.mo, November 23, 1970~ in the City Hall Council Chambers
II. ROLL CALL
PRESENT: COUNCILMEN: Mayor Rice, Becker, Ellinwood (7:55),
Fanning~ Sennett
ABSENT: COUNCILr-1EN: None
EX OFFICIO: Lawrence D. Rose, City Manager
Robert L. Kleinert, Assistant City Manager
Louise Mirata, Assistant City Clerk
Wayne Eo Moody, Planning Director
Ra y ~lo Foreaker~ Jro, City Engineer
Robert I. Conn, City Attorney
Hellen K. Hecht, Minute Clerk
III. APPROVAL OF MINUTES
No. 217 Action: App~oved
With unanimous consent the Chair ordered the reading of
Minutes No. 217 of October 26, 1970, waived. It was moved by
Fanning, seconded by Becker, to approve Minutes No. 217. The
Chair declared the minutes approved.
No. 219 Action: App~oved
rJith unanimous consent the Chair ordered the reading of Minutes
No. 219 of November 9, 1970, waived, and the minutes approved.
J.V. CONSENT CALENDAR
After remanding one item from the Consent Calendar to the General
Calendar, it was moved by Fanning~ seconded by Becker~ that the
Consent Calendar~ consisting of the following items~ be adopted:
\. Department of Public Works Report, June-Oct. 1970
Department of Urban Development Report, October 1970
City Engineer's Report~ October 1970
There being no objection~ the Chair declared the Consent Calendar
adopted by unanimous consento
The Chair directed that the Status of Hearing Dates prepared by
the Planning Director be placed on the General Calendar on future
agendas.
v. ITEMS NOT ON THE AGENDA
Special Appointment
The Chair appointed Mr. Edward Parnell as the Tiburon representa~
tive to the Marin County Economic Opportunity Councilo
Motion of Fanning~ seconded by Becker for ratification of
Parnell carried: All Ayeso
November 23~ 1970
r1INUTES 11220 Page 1
Performance of Harbor Carriers
Sennett referred to a letter received from Mr. Donald Tayer pro-
testing the performance of Harbor Carriers. The Chair stated
this matter has been agendized for next Monday and suggested Mr.
Tayer's letter be deferred to that meeting. Fanning stated he and
TOM Price of Belvedere are in discussion with Harbor Carriers
on this matter.
VI. ORDINARY BUSINESS OF THE COUNCIL
AB 435 Action: Resolution 319 adopted
RESOLUTION ON APPRECIATION
OF LAvmENCE D. ROSE
The Chair introduced and read a Resolution of Appreciation of
Lawrence D. Rose.
It was moved by Fanning, seconded by Sennett, to adopt Resolution
No. 319 commending the City Manager. Motion carried:
AYES: COUNCILMEN: Becker, Fanning, Rice, Sennett
NOES: COUNCILIvlEN: None
ABSENT: COUNCILMEN: Ellinwood
The Mayor presented Mr. Rose with a framed map of the original
1871 plot of the Tiburon Lands.
Planning Commissioner Allan Thompson then presented Mr. Rose
with a framed Resolution of Commendation signed by all members
of the Planning Commission.
Mr. Rose expressed his thanks to the Council and the Planning
Commission, and welcomed the many young people in the audience.
AB 375 Action: Continued to 12-l4-70
TIBURON TRAILS PLAN, PHASE 2
AMENDMENT TO GENERAL PLAN
This matter was continued from November 9; 1970, for a more com-
plete presentation by the staff, the Parks and Recreation
Commission and others involved with the preparation and develop-
ment of the Tiburon Trails Plan, and also to give members of the
audience an opportunity to speak to the plan and present their
alternate plans.
The Planning Director presented the history of the Trails Plan.
I1r s . Polly Smith and Dr. George Ellman of the Parks and Recreation
Commission and Mr. Allan Thompson of the Planning Commission spoke
to the plan. Slides were sho~n of the trail area and the views
offered from the trail.
Mr. Albert Aramburu of the Tiburon Ecology Commission, and as a
private citizen, urged favorable action be taken on the Trails
Plan.
Mr. Neil Smith presented a letter to the council dated November 20,
1970, urging the city and the county to give consideration to
development of a system that would provide a useful trails plan
for both the community residents and non-resident hikers with a
plan for maintaining open space on the ridge and offering to
meet with representatives of the city and county to negotiate the
terms of a gift of a scenic restriction over the entire ridge
area surrounding the existing fire trail. This letter was
signed by Messrs. Neil Smith, Henry Dakin, Robert Wayne, Stephen
Heller. Edgar Reed and B. Winter.
MINUTES 11220 November 23, 1970
Page 2
MINUTES
11220
November 23
Page 3
1970
Fanning brought before the council the matter of the 5~ acre
parcel located in Marin County described as Tiburon Naval Net
Depot - N - California 579-B, located adjacent to 18 acres of
natural preserve owned by the County of Marin, which has been
put out to public bid by the General Services Administration
and the bid opening scheduled for December 17, 1970. Under
new legislation passed in October the city or county could acquire
this land for free if it is to be preserved as open space, and
Fanning therefore introduced a resolution recommending the
Federal General Services Administration rescind the public sale
of this property and that either the County of Marin or the City
of Tiburon be considered as future recipients of the property.
Resolution Re: 5~ Acre Parcel
of Tiburon Naval Net Depot Property
AYES
NOES:
ABSENT
v
COUNCILMEN
COUNCILMEN
COUNCILMEN
ITEMS NOT ON
Becker
None
Non(f;
THE
AGENDA
Ellinwood
Fanning
Rice
,
Sennett
Question was called
Mr. Gordon Strawbridge urged the council take final action this
evening.
and the motion
as amended
carried
Motion of Rice, seconded by Becker, that the main motion be
amended to include that the Lands and Development Committee
come back with a specific report on the aJternate proposal
accepted by Sennett as part of his main motion.
would
was
It was moved by
be continued for
regular meeting.
Sennett, seconded by Fanning, that this matter
consideration of the full council at the next
Ellinwood urged the resolution be adopted this evening adopting
the plan, at. J that they then immediately study the ideas
proposed by Messrs. Wayne and Smith and consider possible amend-
ments to the resolution. Becker urged action be taken this
evening
Fanning requested this matter be sent to the Lands and Development
Committee to give them the opportunity between now and the next
regularly scheduled council meeting to meet with the property
owners involved to discuss their alternate proposal.
The Chair read letters from Dr. John Osborn and Mrs. Philip Bass
supporting the trails plan; and a letter from the Reed District
Parent Teacher Club signed by Mrs. Manley, secretary, stating
a motion was passed unanimously to enthusiastically endorse the
trails plan as presented to them by Mrs. Polly Smith.
Mr. Reese Clark, Mr. William Davoren, Dr. Robert Stein, Mrs.
Jacqueline Parnell, Ers. Nancy Van Ravensway, Mrs. Alison Ruedy
~epresenting the League of Women Voters of Southern Marin, Mr.
Rupert Jernigan, Mr. Hilliam O'Neill and Mr. Bernard Helfand
each spoke to the plan and urged its adoption.
Mr. Don Loomis
stated a trail
Master Plan.
chairman of the Parks and Recreation Commission
on Paradise Drive is presently a part of the
Mr. Robert Wayne urged the city and county explore the possi-
bilities of developing a trail along Paradise Drive to go com-
pletely around the Peninsula at a much lower cost to the tax-
payers than the proposed ridge trail.
MINUTES
{!2 20
November 23
Page 4
1970
DR. ROBERT HAYES, 45 Rolling Hills Road: There are several questions
that I think many of us have that would help us, and possibly
Mr. Moody might have answered some of these partially. Number
one, is it true that the plans submitted to the city provided
for an open beam ceiling?
PLANNING DIRECTOR
I don't
kno"t.]
vJh y it
't'las
done that
way.
HENIG
PLANNING DIRECTOR: As I understand it, the house itself, in siting
the house on the lot, that apparently, according to information
from the applicant, was not moved. It stayed in the same place
with regard to the property lines. What was moved was the
building itself, constructed three feet higher off the ground
than the plans showed. \1e dongt have the front property line
in which to be able to measure that accurately.
Do you know
why it
was
constructed higher?
· l~NIG: One basic question, if I could direct it to Mr. Moody
What was the situation with respect to the plans as approved
that showed the building was to be constructed on the lot? Was
there any change from the original approval of the plans and
where the house was actually placed?
MR
CHAIR
of the
I see no reason why you can't state your understanding
facts.
THE
HERBERT WENIG: I wonder if all the facts have been developed
upon which the witnesses would have testified as to the
nuisance character of No. 6 Rolling Hills Road. There are
certain things about how this came about and just what and where
the violations occurred thatis not clear in my mind.
MR
transcript
offering
testimony?
The following is
At this time the Chair called for comments from
There being no objection, the Chair waived the
witnesses speaking to this matter be sworn in.
a
of witnesses
the floor.
requirement
that
The Planning Director presented the past history in this matter
and outlined the action taken to date, as set out in the agenda
bill. He read a letter from Mr. Noahgs attorney, Mr. Peter
Brekhus dated November 16, 1970 (see attached).
-
By AB l~l4 of
Orde~: to Show
should not be
November 23, 1970, the hearing was opened on the
Cause why a residence at No. 6 Rolling Hills Road
abated as a public nuisance.
AB 414
NUISANCE ABATEMENT
6 Rolling Hills Road
Ralph Noah: Hearing to Show Cause
Declared a Public Nuisance
and Ordered it abated by
Resolution to be brought
on 11-30-70
Action
A recess was taken at 9:30 p.m., the council reconvening at
9:43 p.m., with Mayor Rice being excused due to illness and
Mayor Pro Tem Albert H. Sennett now presiding.
RECESS
Ellinwood requested the letter accompanying this resolution con-
tain the fact that this is the piece of property that would
enable citizens to get to the upland park from Paradise Drive
Motion of Fanning,
carried: All Ayes
seconded by Becker
to adopt
Resolution No
320
MINUTES
tf220
November 23
Page 5
1970
PLANNING
level
found
plans
DIRECTOR: lve haven~t measured it relative to the road
only relRtive to the grade. Phil Scott did measure it
it to be approximately three feet higher than the
and
approved
HAYES: Based on the plans as submitted and the final result, how
much did it raise the height of the building above road level,
which is a pcrsp~ctive we don't know whether it has been
considered or whether it should be. Has that been estimated?
PLANNING DIRECTOR
so as long as
definition of
The height is measured relative to the slope,
YOt'. keep the same building it doesn v t affect the
height.
HAYES: As long <':'.8 they move up the
lot grade? In other wo~ds~ that
slope but cutting Qe2pe~ into the
did it move up the slope in order
of the building -- not just increase
buildine but taking the building and
sJope but maintain the same
they are not moving up the
slope. Cur question was
to get an overall height
the height of the
moving it up the slope
?
PLANNING DIRECTOR
Right
HAYES
PLANNING DIRECTOR: Yes, but itVs never been a serious question
staff because, EV2n if the plans had been presented to build
it closer to ths ~oad, there would have been nothing we could
do to disapprove it if it conforms with the setback.
It
currently complies
'V] it h
the
setback
requirements?
by
HAYES I think you heard about this point but there was some
question ,,- I thinl: you indi.cated there has been some question as
to 'VJhetl:9r there mig~_lt l:1ave been a ques tion wi th not only his
elevation in the overall height of the house, but moving it up
the slope
PLANNING DIRECTOR
HAYES Is it true that the house was
road than the plans showed?
I
h6. ve
no
\'Jay of
kno\.]ing
built
much closer to the
PLANNING DIRECTOR
HAYES: I think yon might have partially answered this. Is it
t rue that the plans subm:Lttcd to the city did not provide for
having t1JO walls in compliance with the 2~ story requirement
by the city?
Yes
PLANNING DI~1CTOR
HAYES: You
that and
went froIl:. the
let us kno~v
Th:ts
scales appro~:imately
seven feet
bottom.
I
think
if you could
scale
PLANNING DIRECTOR
HA YE S I-Io"/J
proposed
f.:l r
nC\'J
I
bclo~ the base of the open beam ceiling is the
re.~ 11.0 no-?
-.......- u.
would
have
to
scale it
off the dravlings
PLANNING DIRECTOR
HAYES So, therefo~e, with the ordinance as it now stands they
were aware that they were de3ling with a height between the
average level to the top of the open beam ceiling?
Yes
DR.
PLANNING DIRECTOR
Yes
MINUTES
#220
November 23
Page 6
1970
PLANNING DIRECTOR
I really can't answer for the Building Inspectoro
BERG
Before the neighbors
brought
attention
to it?
PLANNING DIRECTOR
As
far as
I
know.
BERG
Has this
done?
PLANNING DIP~CTOR
BRUCE BERG, 1 Rolling Hills Road:
inspecting the erection of a house
The Building Inspector
vfuo was responsible for
to conform to City Code?
DRo
THE CHAIR: Let me remind you we're asking you to speak to the
question of whether this house violates city ordinances
NEt~N PAGE: 5 Rolling Hills Road~ which separates me from this
structure by one number 0 t'llien we built in Rolling Hills we
built so we could look down and see a microcosm of the world.
~Je built for a view. There are people who build houses in
Tiburon Hills who know this and they consider other people. I'm
afraid I have to say in this case it wasn't done. It wasn't
necessary to put that house that high. As Mr. Moody said, they
raised it three feet. It was already a high house. This is why
many of us feel so strongly about it as we do. This house
obstructs views. Rather than live with it for decades I think
something should be done about it now.
MR
HAYES: The question being is not having physically measured
but the digging for the sewer went down 14 to 16 feet on
Rolling Hills Road. We were wondering if they found it
necessary to raise the house in order to avoid a sewer pump
even though they still had to go down that deep.
PLANNING DIRECTOR
I don
t
know
PLANNING DIRECTOR: I 1vBsn't aware that was a problem
have to be directed to the Building Inspector.
it
That
The City Attorney responded the Chair could be liberal and
allow it as a proper question.
would
THE CHAIR
Is this
I'm going to
relevant?
submit that
question to the City Attorney
HAYES
Was the sewer installation made for two homes
or
just
one?
PLANNING DIRECTOR
HAYES: If you built the house where it was supposed to have
built initially) would it have been necessary to install
sewer pump?
I don
t
know
that
a
been
PLANNING DIRECTOR: It is physically possible to do. I don't know
what the cost would entail. Obviously they could construct a
flat roof and make it comply that way, with regard to height,
but I don't think that would satisfy the 2~-story requirement
HAYES: Is it possible to come up with this type of consideration
so that we can be aware of how much somebody would be asking if
they were asked to do that? It mayor may not be considered a
fair questiono
PLANNING DIRECTOR
HAYES
costs
How
much would it cost to
in order to comply?
I don't
have that information
lower the roof
construction
MINUTES
11220
November 23
Page 7
1970
Becker advised in a telephone conversation before this matter had
been brought to the attention of the council, the architect had
advised the building was raised three feet because the contractor
In response to a question by the Chair~ the City Attorney stated
he disagreed with the interpretation of what constitutes a
nuisance as set forth in Mr. Brekhus's letter of November 16,
1970. In his opinion the city is not technically estopped, and
if the building was built in violation of the ordinance, it
would constitute a nuisance.
This ended the testimony from the floor, and the Chair brought
the matter back to the council for further discussion.
Secondly, I think it has been pointed out this building is built
three feet higher than it was supposed to be built even under
the interpretation of the staff, and therefore by admission is
clearly at least three feet in violation of the ordinance.
Thirdly, the applicant has not explained why that building was
deliberately built three feet higher than it should have been
even according to the planso It has been brought out that
one of the reasons revealed by the neighbors was that it was to
get the building higher in order to hook up with the sewer
contact on the Rolling Hills Road and to avoid the sewer pumpo
His immediate neighbor, Mro and Mrs. Beatty, had to put in a
sewer pump 0 Fourth, I cannot understand, with the greatest
respect that I have for Bayne Moody, how he can admit in one
breath that this was a clear violation of the letter of the law
and assert that that building somehow conforms with the spirit
of the ordinance. A plain inspection of the building will dis-
close it could never have complied with the spirit of the
ordinance. At most it might have been a technical compliance
with the words of the ordinance had it been built in a different
manner but I find it strange to find an explanation in a
spiritual interpretation of the ordinance for this monstrosity
ALLAN LITTMAN: I don't think any of us are going to be longo
The first thing I would like to do is call the attention of the
council to the fact that the applicant is not here and the appli-
cant has made himself unavailable to answer the queStions which
should be directed and have been directed towards him and
towards his position this eveningo I think his failure to be
available to answer the questions can only be used in law
against him and the inference must be drawn against him as to
any questions he is unable to explain by reason of his volun-
tary absence
MR
PLANNING DIRECTOR: There is no way of saying how much it does
conform to the 2~~story requirement
BERG How far do you go when you say technically
conform? Six feet? 12 feet? 20 feet?
not
it does
PLANNING DIRECTOR: I would have to answer no, it does not techni-
caUy conform to the letter of the definitions with regard to
the 2~-story requirement 0
not
BERG
CITY ATTORNEY: Wevre getting into legal questions instead of testi-
mony on facto The question, as far as testimony is concerned __
what is called for froD the audience are facts. As to what the
law is, a nuisance would be any building that was built in viola-
tion of the City Zoning Ordinance would qualify as a nuisance.
Does this
building as
it
now
S t a nd s
conform?
BERG
t'Jha t
is a
definition of a nuisance?
November 23
Page 8
AYES
NOE S :
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
Iv1INUTES
Becker, Fanning
Ellinwood
Rice
:;1220
1970
Sennett
Question was
Ellinwood stated the architectural design of the house will not
be changed in any way by declaring it to be a nuisance and
ordering it to be abated. She agreed with Mr. Littman it is a
monstrosity but instead of ordering the nuisance abated sug-
gested it be declared a public nuisance and a method should be
found whereby it could be declared a non-conforming structure.
called and the
motion of Sennett carried
Fanning moved to amend the motion to include that the building
was not built according to the plans that were submitted. After
hearing from the City Attorney, Sennett declined to accept the
amendment.
It was moved by Sennett, seconded by Becker, that the council
find this building constitutes a nuisance and directs that all
necessary steps be taken to order it abated. Further, that
this council finds that the nuisance consists of violation of
the height requirement of the Zoning Ordinance as well as the
story requirement of the Zoning Ordinance. He further moved
that aresblution, un<;ler: ~ . signature by the Mayor, be drawn
up in this regard, to be brought before the council on November 30
In response to a question by Ellinwood, the Planning Director
stated when changes are necessary the correct procedure is for
the contractor to come to the city and amend his building permit
application, which was not done in this case
In response to Ellinwood's question, the Planning Director stated
the original plans did show steps down to the front door . from
the road, but the entrance is relatively level off the road now
Ellinwood asked the Planning Director to point out stories 1 and
2 and the half story and what qualifies a half story. In
response to a question by Ellinwood, the Planning Director
stated both he and the Building Inspector were involved in the
interpretation which resulted in the courtesy notice of
June 9, 1970, sent to the neighboring property owners. This
notice referred to the interpretations made by the Building
Inspector and the Planning Director that the building height
and the story height were satisfactory and a building permit
would issue without the necessity for a variance, but stated this
decision could be appealed in writing prior to June 12, 1970,
and if appealed, the matter would be heard by the Board of
Adjustments on Monday, June 15, 1970. Following receipt of
this, Ellinwood stated Mr. and Mrs. Millard of 25 Rolling
Hills came to the city office to examine their plans and
found no objection to them. After the building was framed up,
Mrs. Millard returned to the office and consulted with the
Planning Director, who advised her a building inspection would
be made. According to Mrso Millard's notes, Ellinwood stated
the Planning Director found the building to be three feet above
the plans upon which the permit had been granted.
Fanning stated he had a question of the owner of the property
in connection with the three feet and the structure being
moved up the hill. He was disturbed by the fact that the
builder or some representative did not come to this meeting
to answer questions from council.
encountered a bed of rock. He stated this house was originally
designed for a subdivision in Tamalpais Valley. It is a specu-
lative house and most of the problems encountered with the
house are because it was not designed for a specific situation
but for a general situation.
MINUTES
fF220
November 23
Page 9
1970
Mre Moulin questioned whether they could have reversionary rights
on the wilderness area dedicated to the city to insure it remains
a wilderness area~ which area he wanted to call the Lois Mae
Moody Wilderness Areae The Chair directed he discuss this matter
with the City Attorney and if there are any problems, the council
will take this matter up at the next meeting.
AYES
NOES:
ABSENT
COUNCILMEN
COUNCILIvlEN
COUNCILIvlEN
Becker,
None
Rice
Question was
l~o. 325~' to lL.:
da t.::;d Nov0mber
Ell inloJood
nO't\1 called on the mc2in motion to adopt 'ResolutiOn
'.~: 'rt2c1 :Lil ':'::1'2 form of PL'lnnin::; Commission Resolution No.
2, 1970, 8.S amended. Ivbtion carried:
Fanning
Sennett
96
Mr. Moulin agreed
roads to the city
determine whether
his motion.
to dedicate whatever interest he has in
and to contact the other property owners
they would do the same. Becker withdrew
the
to
It was moved by Becker to add Condition 7 as follows That
Mr. Moulin and Mount Tiburon Properties, Inc., be required to
dedicate this propc~ty under their control designated as road
on the plans to be used for the public.
It was moved by Sennett, seconded by Becker, to amend
5 of the resolution to insert the word :'public~' before
a nd also before 'lpatht/Jays. 11 Motion carri~d: All Ayes
Condition
'lstairs:1
To a question
Fire District
by Fanning, the Planning Director responded the
has approved of the plans.
AYES
NOES:
ABSENT
COUNCILI1EN
COUNCILr-1EN
COUNCILMEN
Becker
None
Rice
Fanning
Ellinwood
After further discussion, Becker moved, seconded by Fanning, to
amend the motion to include Condition No.6 as follows: l1That
the on-street parking on the unnamed upper street .:IS -nho,.;n in Plat 2
of the accompanying exhibits be removed.H Motion carried
Sennett
After further discussion it was moved by Becker,
Ellinwood, to adopt the resolution recommended by
Commission and the conditions therein.
seconded by
the Planning
Mr.
the
Irving Moulin and
map.
Mr.
the
f,i:r
Don Loomis of the Parks and Recreation Commission requested
paths in the subdivision be public paths.
Bruce
Hoody
,
architect
spoke to
By AB 432 of November 23, 1970, the Planning Director brought
before the council the Tentative Subdivision Map of Mount Tiburon
Units 3, 4 arid 5 for council approval. The Planning Director
stated the Planning Co~uission is recommending instead of
applying the in lieu subdivision fee required in the subdivision
ordinance that the council allow the construction of the path,
and should this not b2 done, then the in lieu fees should be
collected.
AB 432
TENTATIVE SUBDIVISION
MOUNT TIBURON UNITS 3,
Irving Moulin
Llo
and
.5
Action
Adopted Resolution
325
AB 429 Action Continued to 11-30-70
AMENDING CITY CODE TO
PROVIDE FOR MID-YEAR
SALARY REVIEH
On November 9, 1970, the City Manager introduced to the council
a proposed ordinance amending the City Code to provide for
mid-year salary review. At that time proposed revisions of
certain dates in the Personnel Section of the Code were made.
By AB 429 of November 23, 1970, the City Manager presented to
the council a chart analyzing the effects of the proposed
date revisions.
After viewing the charts, the Chair directed Ellinwood to put
her ideas down in a chronological order and present her amend-
ments to the council with the time table so that this matter can
be reviewed on November 30.
AB 430 Action: Continued to 11-30-70
PROHIBITION OF
AERIAL ADVERTISING
Continued to November 3D.
AB 431 Action: Continued to 11-30-70
INTERIM APPOINTMENT
ACTING CITY }~NAGER AND
ACTING CITY CLERl{
The Chair stated the City Manager and the Mayor will review
this matter prior to Monday, November 30, and action will be
finalized at that meeting.
AB 425 Action: Continued to 11-30-70
STONE TOHER EASEMENT
Continued to November 30.
AB l~26 Action: Continued to 11-30-70
STATUS REPORT,
REED SCHOOL PARK
Continued to November 30.
INTENT TO AHEND Ac t ion: Ct. d
SUBDIVISION ORDINANCE on ~nue to 11-30-70
Continued to November 30.
STRAWBERRY COVE DEVELOPMENT
The Planning Director presented to the council a brief
summary of past actions regarding a 6.4 acre parcel outboard
of Seminary Drive. The County Planning Commission and the
Board of Supervisors have approved of the application for
102 units for this area, and the matter is scheduled to be
heard before the Bay Conservation and Development Commission
on December 3 for their approval.
Fanning requested the historical sUlmnary in the agenda bill
include the followi.ng:
Marin County Planning Commission Resolution No.
1127 adopted on April 16, 1956, and Marin County
Board of Supervisors Resolution No. 4523 adopted
June 2l~, 1958, designated that area as a scenic
drive.
November 23 1970
l1INUTES #220 Page 10
MINUTES
Ellinwood reminded that the Economic Opportunity Council of
Marin ~vill be meeting at the City Hall Council Chambers on
December 2, and :requested the chambers be opened, lighted and
warm.
11220
November 23
Page 11
1970
Economic Opportunity Council Meeting
AYES
NOES:
ABSENT
CQUNCILl'1EN
GOUNCILI:1EN
COTJNCILlv1EN
VII
Becker
None
Rice
QUESTIONS
Motion of
be deemed
Ellinwood
Fanning, seconded by Becker, that Ordinance No. 63 N.S.
to have passed second reading and be adopted, carried:
,
Fanning
Sennett
By unanimous consent further reading of the ordinance
and the ordinance was read by title only.
\,]as
By Bill No. 428 of November 23, 1970, an-ordinance entitled AN
ORDINANCE OF THE CITY OF TIBURON ADDING ARTICLE IV TO CHAPTER 2
OF THE TIBURON CITY CODE, BY ESTABLISHING A PAID{S AND RECREA-
TION CO~lISSION AND SETTING FORTH ITS DUTIES AND AUTHORITIES,
came on for second r.eading and adoption.
waived
AB 428
PROPOSED ORDINANCE ESTABLISHING
PARKS AND RECREATION CONMISSION
Ordinance 63 N.S. Adopted;
effective in 30 days
Action
It was the sense of ~he council that they approved of this
project and requested staff cooperation in this matter.
Ellinwood repoJ~ted the four members of the Drainage Committee
have reservations about the bridge to be constructed for
pedestrian crossinga of the new drainage canal, as outlined
in AB t:-33 of November 23:1 1970. They recommended utilizing
materials in the area, and that the work be done and the
design be made by various persons connected with Callister's
office, who are offering to do it as a contribution to the
city, under the direction of Mr. Allan Steinau, a member of
the Drainage Committee. It would be a community project and
the work sessions ~'Jould begin a ,\;'7eek from Saturday, and perhaps
the Public Harks D9partment would be called upon.
AB 433
CONSTRUCTION OF FOOTBRIDGE
DOWNTOWN DRAINAGE PilOJECT
Approved Construction
bridges as a Community
Project
of foot
Action
--.
The Chair directed a resolution be prepared by the Planning
Director in accordance with the above recommendations for
council action on November 30. Fanning suggested the resolution
and accompQnying letter be re8d to the BCDC in person on
December 6.
Fanning stated as a m~mber of the BCDC he
further participation in this matter.
will abstain from
It was the sense of the council that they should encourage
BCDC to be as strong as possible in preserving not only the
ecological aspects of the Bay, but also the character of what
goes on around the Bay and they strongly supported the contents
of the Planning DirectorVs report and supported his recommenda-
tions.
VIII ADJOURNHENT
It being now the hour of 12:15 a.m., November 24, 1970, and there
being no further business to come before the council, the Chair
declared the meeting adjourned to Monday, November 30, 1970.
."'..... -/-
"---tl ~
Approved by the City ;t) on:
December , 70.
~ TIBURON
November 23 1970
MINUTES 11220 Page 12
CITY COUNCIL
CITY OF TIBURON
10 CALL TO ORDER
---~-
An adjourned 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., November 30, 1970, in the City Hall Council Chambers.
II. ROLL CALL
PRESENT: COUNCILMEN: Mayor Rice, Becker, Ellinwood, Fanning (9:16)
Sennett
ABSENT: COUNCILMEN: None
EX OFFICIO: Robert L. Kleinert, Assistant City Manager
Louise Mirata, Assistant City Clerk
Robert I. Conn, City Attorney
Wayne E. Moody, Planning Director
Louis V. Brunini, Superintendent of
Public Works
Hellen K. Hecht, Minute Clerk
III. CONSENT CALENDAR
~
The Consent Calendar was remanded to the General Calendar.
IV. ORDINARY BUSINESS OF THE COUNCIL
AB 402 Action: Ordinance passed lst reading;
REZONING: RO.l TO RO.2 comes on l2-14-70 for
Bodian Property adoption.
By Bill No. 402 of November 30, 1970, an ordinance entitled AN
ORDINANCE OF THE CITY OF TIBURON CORRECTING THE ZONING MAP BY
CHANGING ZO:1ING OF A PORTIO~ OF THE BODIAN PROPERTY FROM RO.l TO
RO.2, having been continued from September 14 and October 13, 1970,
came on for first reading.
The public hearing was declared open.
In response to a question by Sennett, Mr. Leo Bodian responded
he accepts the Planning Director's statements that it would not
be possible to incLease the lot yield by this rezoning action
because of the slope policy.
It was moved by Becker to read the ordinance by title only.
There being no objection, further reading of the ordinance was
waived and the ordinance was read by title only.
The ordinance having been so read, it was moved by Sennett,
seconded by Ellinwood, that the ordinance be deemed to have
passed first reading. Hotion carried:
AYES: COUNCILMI~N : Becker, Ellipwood, Rice, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILl-ffiN: Fanning
AB 403 Action:Ordinanae passed lst reading;
REZONING RO.l TO RO.2 comes on 12-14-70 for
Casella Property adoption.
By Bill No. 403 of November 30, 1970, an ordinance entitled AN
ORDINANCE OF THE CITY OF TIBURON CORRECTING THE ZONING MAP BY
CHANGING ZONING O~ A PORTION OF THE CASELLA PROPERTY FROM RO.1
TO RO.2, h~ving been continued from September 14, 1970, came
on for first reading
November 30 1970
NINUTES 11221 Page 1
It was the sense of the council not to encumber any particular
fund at this time but to have staff determine what funds can be
encumbered and bring the matter back to council.
November 30 1970
MINUTES #221 Page 2
In response to a question by the Chair, the Assistant City
Manager responded the money could be allocated by fund transfer
or budget adjustment to establish an account. ~fuen the funds
were exhausted, they ~~ould return to the council for supplemental
funding 0
It was moved by Becker, seconded by Ellinwood
program for $600 for three months.
to fund the pilot
Ellinwood suggested the funds realized from the pilot program be
clearly identified as ecology committee revenue and that
consideration be given to constructing an attractive fence around
the general area ~nd to painting the debris boxes earth tones.
The following should be added: "7. The people
working here would be trained by Dave Stubbins,
who is a member of the Marin Ecology Center.ll
In response to Sennett's question, Mr. Aramburu stated they do
anticipate an income from the sale of the refuse, and with the
profits they would like to extend the program and provide a fund
for other ecology projects. He stated this would be a pilot
project to be reviewed at the end of three months, at which time
they would return to the council with a final proposal for the
remainder of 1971
Item 6,
instead
the date should be January 9
of January 2.
Item 4 should read three persons
'lthree teen-age boys. 11
1971
On page 1,
to 10:00 a
item 3,
m. to 4
the hours
00 porno
instead of
should be changed
Mr. Albert Aramburu outlined the proposal for the recycling
depot and made the following corrections in the report:
By AB 437 of November 30, 1970, the Assistant City Manager brought
before the council a report from the Tiburon Ecology Committee and
their proposal for a recycling depot to serve residents of
Belvedere and Tiburon. The committee requested the council to
outline the role and responsibility of the committee.
AB 437
TIBURON ECOLOGY COMMITTEE
PROPOSAL
Approved funding of pilot
program.
Becker
None
Fanning
Action
AYES
NOES:
ABSENT
COUNC I Li'1EN
COUNCILMEN
COUNCILMEN
Ellinwood
Motion of Sennett, seconded by Becker, that the ordinance be
deemed to have passed first reading, carried:
Rice
Sennett
As requested by Sennett
the Planning Director's
this particular lot is
in the report.
the Chair directed the minutes reflect
analysis that regardless of zoning,
not a buildable lot for reasons stated
By unanimous consent further reading of the ordinance was
and the ordinance was read by title only.
The Chair declared
the public hearing open
waived
MINUTES
71221
November 30
Page 3
1970
It was moved by Becker, seconded by Sennett, that the staff be
requested to prepare a resolution of the City to the Co~nty Board
of Supervisors, for the Mayor's signature, asking that a county
ordinance be passed banning aerial advertising, this resolution to
be No. 324. Motion carried: All Ayes.
Dr. George Sugarman spoke against aerial advertising. He stated
his investigation disclosed the FAA does not control it in any
way, but had advised the County of Marin can legally adopt an
ordinance regulating aerial advertising and would cooperate in
its enforcement. Dr. Sugarman urged the city pass a resolution
directed to the Board of Supervisors requesting that they pass
an ordinance banning aerial advertising, as has been done by the
cities of Belvedere, Mill Valley, Corte Madera and San Anselmo.
The Chair advised this matter had been brought up at the last
meeting of the Marin County Mayors and Councilmen, at which
time a committee of two was appointed to determine what position
the cities of Marin County should collectively take on aerial
advertising.
The Chair introduced AB 430 of November 23, 1970, containing a
letter from the Deputy City Attorney in regard to the prohibition
of aerial advertising. It was his opinion that the best approach
should a problem develop with respect to aerial advertising
would be to contact the local FAA administrator and apprise him
of the problem. .
AB 430
PROHIBITION OF
AERIAL ADVERTISING
adop ted.
Action
After discussion on cluster zoning, it was the sense of the
council rezoning was not critical at this time, but directed
the Planning Director discuss the matter with the property
owner in more detail, including the possible purchase price and
the possibility of the joint development of the two parcels should
the city not be able to buy either of the two, in which case
cluster zoning would be initiated.
Resolution
#324
The Planning Director stated Reed School had indicated to him
their interest in using this land as a nature study area. The
council indicated their approval as it was their intention that
the land remain natural
By AB 426 of November 23, 1970, the Planning Director brought
before the council the matter of acquisition of land for the
Reed School-Hilarita park site, which had been continued from
November 23 in order that cluster zoning might be considered
for two of the parcels involved.
AB 426
REED SCHOOL PARK
STATUS REPORT
Continued
date.
Action
Mrs. Hildegard Manley requested direction in policy matters and
in matters such as the Strawberry Cove situation wherein the
committee intended to write a letter. The Chair stated it is the
intention of the council to give the committee flexibility and
suggested they initiate their objectives and then work through
the Parks and Recreation Commission.
to
indefinate
Question was called
the motion carried:
on the motion to fund the pilot program
All Ayes.
and
Mro Peter Brekhus, attorney, stated the applicant requests the
hearing be reopened. The Chair ruled that Mr. Noah was given
the opportunity to make his presentation, and by letter from his
attorney he had elected not to make a presentation. In his
opinion the applicant should not be entitled to reopen the matter
at this time becausae he was not satisfied with the results of
the hearing. It would be in order for a councilman to request
the hearing be reopened, however, to present additional informationo
November 30 1970
MINUTES #221 Page 4
Discussion ensued at this point on whether or not the hearing
should be reopened. On the basis of the memorandum Becker
presented to council on information not brought out at the
previous hearing, he moved, seconded by Ellinwood, to reopen
hearing to hear evidence not heard at the past meeting. The
City Attorney advised the hearing could be reopened and that
was a matter between the City and the applicant.
the
this
The Planning Director presented AB 414 of November 30, 1970,
which matter had been continued from the last meeting in order
that a resolution could be drafted directing abatement of a
residence at No. 6 Rolling Hills Road. The Planning Director
stated at the last meeting it was not brought out, and he had
been unaware that a revised building permit had previously been
issued for the construction of the ceiling and additional con-
struction of a retaining wall in the front of the building, the
contracts of which have been let and the wall is under construc-
tion. The wall would raise the finished grade of the front of
the building considerably. He presented a sketch furnished by the
applicant showing how the house would look. with the new wall and
the ceiling constructed, and the height when this is finished
from the average grade to the ceiling would be 29 feet 1 1/2 inches
which would be under the 30-foot requirement 0 The Planning
Director stated in his opinion forcing compliance with the 2 1/2
story requirement would not resolve any of the problems that the
residents in the area have with the overall height and the
bulk of the building. As a result of this building the City is
attempting to correct not only the definitions in the ordinance
but also is applying design review in certain cases.
AB 414
NUISANCE ABATEMENT,
6 Rolling Hills Road
Ralph Noah
IV.
Action
ORDINARY BUSINESS OF THE COUNCIL
Continued
to
12-l4-?O
It was the sense of the council they approved of the bicycle
festival and directed staff to work with Mrs. Raisin on the
police escort, coordinating this with the City of Belvedere
Mrs. Bonnie Raisin reported they received approximately 2400
signatures petitioning the Northwestern Pacific Railroad to
negotiate a fair price with the City of Tiburon for the purchase
of the railroad right-of-way. In this regard, a bicycle festival
is being planned for December 6, starting at the Safeway parking
lot at 12:30, to proceed to the Richardson Bay Park. She
requested a police escort for the cyclists to the park and return
after the festival. The route would be from the Safeway parking
lot to Beach Road, down Cove Road to Lagoon, to San Rafael
Avenue and out onto Tiburon Boulevard.
Bicvcle Festival
Richardson Bay Park
A
p
V
recess was taken at 8:50 p.mo, the council reconvening at 9:00
.m., the roll standing as originally taken.
RECESS
ITEMS NOT ON THE AGENDA
MINUTES
11221
November 30
Page 5
1970
FRIEDMAN: Mr. Allan of Allan-Marin Company and myself agreed to
allow Mr. Noah to llse one of these subdivision homes on the hills
of Tiburon because we felt it was a fine house. Mr. Noah had the
choice of one of four different models to choose from. An
arrangement was made between the owner of the subdivision and
Mr. Noah so that he could purchase the d~awings and use it on his
particular site. !ve were asked whether we would cooperate. We
said we would. Now here again I want to emphasize we had the
choice of about four to five different plans, one of which is
the 2~ story or 3 story, depending on who's interpreting it.
The others are single story or two-story houses. Prior to the
consummation of the agreement between Allan Company and Mr. Noah
I brought a set of drawings to your staff. I said, if This is a
building that mayor may not be three stories, depending on which
community it is built in. He would like an interpretation as to
its height and as to its number of stories.;1
At this point Sennett
directly related to
objected to
the facts c
the
The
witness not
Chair ruled
giving testimony
he may proceed.
RODNEY F. FRIEDMAN, 40 Juno Road~ Architect: !~e designed this
building originally for a project called Marinview, which is
between Tamalpais Valley and Mill Valley and. itfs a subdivision
of homes for the Allan~Marin Company. The homes have won many
awards and this particular one has recently won the HUD award
sponsored by the Federal Government, FHA and the AlA Housing
home awards.
The hearing was reopened
floor. The following is
and the Chair opened the matter to the
a transcript of the proceedings
AYES:
NOES:
ABSTAIN
ABSENT:
COUNCILMEN
COUNCILMEN
COUNCILMEN
COUNCILMEN
Ellinwood, Sennett
Becker, Fanning
Rice
None
Sennett moved~ seconded by Ellinwood, to continue the receipt
evidence to a time set by the Chair on the nuisance abatement
The Chair advised this would be December 14. Motion failed:
AYES
NOES:
ABSTAIN
ABSENT:
COUNCILMEN
COUNCILMEN
COUNCILMEN
COUNCILHEN
.
.
Becker
None
Rice
None
Fanning
of
Question was called on the
and the motion carried
Ellinwood
Rice
Sennett
motion of
Becker stated this is a matte~ between the council and Mr.
and he is not trying to create an adversary proceeding and
would object to any attempts to do so. He stated he would
accept the proposed amendment by Sennett to his motion.
Becker
to reopen the hearing
Noah
not
Sennett moved, seconded by Ellinwood, to amend the main motion
to include that the addition2l evidence on the abatement proceed-
ing would be received at a time to be designated by the Chair,
other than this evening.
Mr. Rodney Friedman urged he be allowed to present
evidence in this matter this evening.
further
Mr. Herbert Wenig objected to the hearing being reopened in view
of the fact that proper notice had not been sent to interested
neighbors, who were under the impression from the last hearing
that a resolution would be adopted declaring the property to
be a public nuisance and to be abated.
MINUTES
11221
November 30
Page 6
1970
Mr. Ken Frost, who lives in Belvedere, is the structural engineer
for this particular project. He prepared a foundation plan.
During the general construction, because of the grade setup by
the structural engineer, we found at a subsequent date that the
building was three feet taller than originally anticipated on its
foundation. So we found out here we were with a house going to
be interpreted as a 33-foot house instead of a house interpreted
as a 3D-foot house and it was 2~ stories and some of the neigh-
bors were calling it 3 stories. The first thing we did was contact
the building and planning department and said we have a problem.
We found the first reversible positions on the part of the staff.
They said there became a question of the 2~-story ruling because
of the adjoining roof slopes. So at that particular time we
decided we had somewhat of a problem. We contacted the planning
staff, certain members of the city council and said we would reluc-
tantly put in a ceiling in order to reduce the legal distinction
of the height of the building. However, we would like to stand by
the original planning staff's interpretation this complied with
the spirit of the ordinance as a 2~-story house for the simple
fact we could comply. Making it conform to the 2~-story require-
ment would be adding needless bulk to the structure and the
neighbors would have more adverse reaction than they have to
begin with. This problem didn't seem to go away. We were asked
to field measure the house. I have a letter in my file sent by
Mr. Moody with a report interpreting the height of the house
and asking us to measure the house. With the aid of one of the
members of our staff I measured the house and found we have a
house too high, and not only must we put a ceiling in the house,
but we can, because of the way the ordinance is written, add a
retaining wall at $2400 to raise the grade on the uphill side,
thereby changing the average grade of the house, thereby changing
the overall height of the house to the ceiling we were going to
install in order to bring the building into compliance. The
next step was an honest part of the architects and the owners to
avoid any confrontation and we were willing to bring the building
into conformance and into compliance with the intended ordinance.
We prepared the necessary engineering drawings, the necessary
architectural drawings and went back to your staff and I have
a letter from Phil Scott and a permit issued which says now the
building complies to all the codes and ordinances of the city
except for the interpretation of the 2~-story rule. I said,
"fine." The only area we had left was whether or not they will
stick with the original interpretation as presented by the
planning staff and as repeated by the planning staff that the
building is a 2~-story building and does comply with the intent
of your ordinances. So Mr. Brekhus, feeling confident we had the
planning staff's approval and the building department's approval
and had okayed with the City Attorney, then wrote his letter in
full belief that now the building complies with the codes and the
ordinances of the City of Tiburon, and we can proceed and get the
modifications to the structure to build it in compliance. Mr.
Noah then went into a contractural agreement with the contractor
in order to implement these changes, at a cost of $3,000. Some
of the work has already been started. A grader has been com-
missioned and has prepared 50 yards of back fill in order to raise
this grade on the back side of the house, and we have made the
necessary drawings in order to add this ceiling.
We got a favorable response and Mr. Moody interpreted the house
would be classified as a 2~-story house~ and with the inclusion of
a ceiling line above the top floor, it would also meet the height
requirement of the building and the City of Tiburon. If this
particular house had been turned down, Mr. Noah would have had
the choice of using one of the other four homes we designed for
the Allan-Marin Company which would have more easily complied.
The idea was not to test the building code, the capacity for
interpreting the code or to annoy neighbors
MINUTES
11221
November 30
Page 7
1970
FRIEDMAN: If there had been a distinction between finished grade and
existing grade it would mean half of your buildings in the City
of Tiburon would not comply in one form or another. That would
not give you credit for excavating from an existing grade in order
to lower the houseo
PLANNING DIRECTOR
FRIEDMAN: The house wouldn't be livable
floor. You would run out of bedroom.
without putting in the wall. I found
grade. You have peculiarities in the
distinction between the existing and
It
is
finished grade
You couldn't use the upper
I can't put in the ceiling
I also had to raise the
Tiburon Code. You have no
the finished grade.
FANNING You spent some $3,000 to raise the grade and put in a
false ceiling. l~at would it have cost to have modified the
roof line to bring it down 3 feet?
FRIEDMAN: He were surprised it happened. The.provisions of our
agreement when we entered into an agreement with the Noahs and with
the Allan-l1arin Company, we did not enter into an agreement to
conduct supervision. We sold a finished pro~uct which was already
in place in Tam Valley o~ Mill Valley. So the physical specifi-
cations were there and the contract was let between the owner
and the company to reproduce this house
FANNING: As far
off the vieH?
that's
what cut
FRIEDMAN
site.
as the neighbor across
the street
Yes
The house didn't
go
literally any place on the
FRIEDMAN: The house is in the same location on the site as it
in the drawings. There is a notation ;;NTS" which refers to
to scale o'~ Hhile vle were doing the foundation plan and the
soils engineers went up there he found a rock outcrop. The
house was moved on paper by dimension but not moved physically
The entire structure went up 3 feet.
FANNING
The
whole thing did go up?
was
"not
FANNING:
house
plans
The one question left unanswered last time is, was the
built in the same location on the lot as the original
but just 3 feet highe~ or actually moved up the hill higher?
FRIEDMAN: The only question I had left is whether or not the City
Council will stand behind its staff interpretations that this
is a 2~-story dwelling. Yes is my answer.
CHAIR: The steps you are taking and have taken in your
will remove any violations of the Code?
THE
judgment
So here we are this evening presenting this information that
wasn't brought forward either by the planning staff or by the
building department and we're discussing the same issues again
I have to say we're reluctantly in a position where we would
have to say it is very, very difficult for your staff to interpret
the code as it is written and it is difficult for me as an
architect to interpret your code, and it is difficult for me to
get an interpretation from your staff if, in fact, every time
they give me an opinion I have to run to the City Council to see
if that opinion is ratifiedo l~e're here hopefully to see if we
can propose a modification to allow the structure to go ahead,
a structure which would suit the neighbors. fk're not trying to
do anything the neighbors or the city would be unhappy with.
MINUTES
THE CHAIR: Was there any effort
design to fit this site?
to redesign this basic
November 30
#221 Page 8
1970
made
FRIEDMAN: If we take the roof, as I mentioned earlier, shingle it
like that, we would be in compliance with the ordinance. That's
why Mr. Moody said this is 2~ stories. We would be happy to agree
with him. The idea of this whole project was to take a project --
already an established product and transplant it from one location
to another. He had several options. This one was approved by
your staff so it was the one selected. If it had not been
approved another one would have been selected
THE CHAIR: The automobile parking situation is not before us. We're
just talking about the height and the extra room and the ceiling.
Would you say if you had moved the wall to the right a couple of
inches' you then bring the room within 2 feet?
FRIEDMAN That is to say that in order to make it a 2~-story building
you must bring the roof, your adjoining roofs within 2~ feet of
the floor to make it qualify as a half story as opposed to a third
story. The question becomes when is a wall not a wall. Usually
it isn't a wall if you can prove it is a roof. If it is a roof
it is probably something less than 90 degrees. Theoretically one
could take this wall here, move it out one inch and shingle it and
call it a roof instead of a wall and comply technically with
the ordinance. It doesn't serve any purpose. As soon as this wall
becomes a roof then you've complied. You could kick the bottom
out 1 or 2 inches and shingle it and you would be in compliance
with the ordinance. The other thing is that we have artificBlly
put in a ceiling. Ceiling is not defined. We have a difficult
time interpreting that. This is an unnecessary addition to your
ordinance which I think should be taken out. I would propose a
reasonable solution would be that the wall be installed and Mr.
Noah be asked to submit a landscape plan and plant the hillside,
that the ceiling be removed as a requirement, and that this
changing of the wall into a roof be forgotten about, as being a
part of a badly written ordinance. Unfortunately the way you
interpret the ordinance we can't finish the house becausae we
can't take the entrance bridge and tack it to the ground. If we
build the steps we're not in compliance with the ordinance because
we have a lot right-of-way which adjoins this piece of property.
The lot right-of-way extends into the Noah residence. The ordinance
states we canVt build any structure within 3 feet of the right-of-
way line. tve can't enter the house. Be can't comply 'to one
part of your ordinance which says we must provide parking for
automobiles and the other part of the ordinance which says we
can't build a structure for automobiles because we can't get from
here to it. We could with a variance.
BECI<ER: How would you take the final
building into conformance?
FRIEDI1AN : As a
should decide
them, how deep
step of
I agree with vou. I
De!~re us. - - - -
citizen of Tiburon I would think
how tall we want our buildings,
we want them.
bringing the
we as a community
how wide we want
FANNING
FRIEDMAN: I will be happy to conform with that. If we had to work
with existing grade the wall wouldn't work. Usually the building
is measured from existing. We're in a situation where we can
make the building comply. I think the greatest peculiarity is
that the building height is measured to the ceiling of the upper
floors as opposed to the roof. If your code had read the other
way this building would never have been built. Your ordinance
reads to the uppermost ceiling of the building
was
voted
dOVln when
the ordinance was
PLANNING DIRECTOR: This definition has been before
nit ion of grade is llfor buildings having no wall
street, the average level of the finished surface
adjacent to the exterior walls of the buildings."
them. The defi-
adjoining the
of the ground
MINUTES
11221
November 30
Page 9
l~NIG: Miss Ellinwood pointed out when the neighbors
to look at the plans it showed steps going down to
entrance of your house.
That's right
FRIEDMAN
went
the
1970
down
FRIEDMAN I wasn't there to tell. I presume that the foundation
was inspected by the Building Inspector and was approved.
SENNETT: Was the raising of
Building Inspector?
the foundation approved by the
FRIEDMAN: The engineer found he couldn't excavate through the rock
He simply raised the foundation. The house has not been moved
laterally or horizontally.
vlliNIG (to Friedman)
rock difficulties
~fuy did you raise
on the foundation?
the height
CITY ATTORNEY: Court costs would not include attorney fees
fees, the court could assess against the losing party.
because of
Filing
ELLINWOOD: If the court held the order to abate was based on a
wrong interpretation and that this did, inQeed, comply with 2~
stories, then who would pay the costs of this case? Obviously
the city pays its own costs, win or lose. In the event it
loses, could the court assess the costs against the city?
CITY ATTORNEY: I presume what would be the action would be
direction from the council for asking the court to direct Mr.
Noah to bring this building into compliance with the sections
the ordinance of the city that we claim are violated. If this
is put in, there is no question it will comply then with the
height. The city isnVt arguing to the contrary. I have to go
Mr. Moody's assistance on this. As I understand it, if the
ceiling is put in, it does then comply with the 30-foot requirement
and that only leaves the 2~-story problem. If there is some
question whether they would comply with that, a court would inter-
pret the ordinance -- the court would interpret wall and ceiling
and then order Mr. Noah to comply with the 2~ stories in the
cheapest and easiest way he can do that. Depending upon how the
court would interpret wall and ceiling, it would order him to
shingle the side or put up a 2x4. This would bring it in com-
pliance with the City Code, which is all we have a right to
command. It would be a legal question -- an interpretation as
to what a half story is within the meaning of the City Code
to
of
roof
BECKER: I would like to bring out a point of clarification and
I would like the City Attorney to verify this. My understanding
is that the sole remaining non~conforming part of the house
would probably have to be fixed in the manner Mr. Friedman has
suggested and that if we can't convince Mr. Noah to do it, then
the city would be required to do it. That's the correction
action, is it not, under the nuisance abatement procedure?
FRIEill4AN You wouldn't even have to shingle it (the roof). By
ordinance you could hang a couple of 2x4's and put canvas on
It is a type 5 building and it doesn't have to be one hour.
can be made out of canvas or plastic or cellophane and comply
with your codes and ordinance. It is possible to stick a 2x4
and nail this from the top to the bottom and say we've done it.
t~en does a wall become a roof? There is no one who can tell us
the
it.
It
BECKER
FRIEDMAN
Ho'tv
Absolutely not
would you make
the house conform?
MINUTES
11221
November 30
Page 10
1970
CHAIR: Unless there is obiection from other members of the
council, I think the purpose for which the reopening was sought
has been primarily fulfilled by Mr. Friedman and it would be
the most equitable thing to continue the hearing to the 14th.
At that time we would not anticipate a great deal of repetition
but focusing in on the material presented tonight and give the
applicant the opportunity to respond.
THE
FANNING: I wanted to get the facts out
take final action on this resolution
vote to deny it without hearing from
advised this meeting was going to be
to the Chair to determine the status
.
,
I don't think we should
particularly if we should
the neighbors who were not
opened. I would leave it
of the building permit
THE CHAIR: There being no more questions, Mr. Friedman is excused
I think it would be the disposition of the Chair that the next
phase of the hearing ought to be continued so that we can
conclude with the neighbors present~ I do think we would want
to hear further from Mr. Noah's attorney on the 14th, and from
Mr. Noah at that time That would be the disposition of the
Chair.
FRIEDMAN: The carport isn
location of the carport
retaining wall or not.
t affected one
isn't affected
way or the other.
whether you have a
The
HAYES Except it could be relevant from the standpoint the carport
was moved from one side of the house to the. other and denied
because it would be on street level and by going on this retaining
wall approach it could provide necessary justification.
THE CHAIR
ROBERT HAYES:
wall where does
it on the plan?
That
s
not a relevant
In your suggestion of
this put the carport,
question
putting in the retaining
where you originally had
DR.
FRIErn1AN: I can't say. The thing that did happen because of that
was the finished floor of the house went up 3 feet. That's why
the steps are gone because you don't have to go down to the
house. That affected the sight lines of the neighbors. The
only thing we can do to compensate for that is to build a wall
and then backfill so we can produce a higher yard and higher
grade in the uphill side. Then the house won't appear as high.
There are a certain number of the neighbors' sight lines affected
lVENIG: The Building Inspector didn't realize that the frames were
3 feet higher than on th9 plans?
FRIEDMAN: There is nn inspection vlhen the steel is put up.
The steel is put in the footings. An inspector comes out and
he says everything is finc. You can't frame until he does this
MR.
MR
FRIEDMAN: Our normal procedure, if you ran into a difficulty on
the site -- if we had been there -- but if one does encounter
such difficulties it's easily handled in the field between the
building inspector and the contractor. You proceed. I don't
think either party in this case anticipated that the height of
the house would then become a problem with the neighbors. This
was an honest oversight.
ARAMBURU
There
~']as
a frame inspection?
WENIG: Didn.t you remember that a change of plans
amendment to the building permit?
requires
an
FRIEDMAN
HENIG
No
You had to raise the foundation?
MINUTES
If221
November 30
Page 11
After discussion, it was
to adopt Resolution 3220
moved by Sennett
Hotion carried:
seconded
All Ayes
1970
by Ellinwood
AB 436 of November 23, 1970, was introduced containing a resolution
to the Bay Conservation and Development Commission supporting the
Planning Director's recommendations of November 23, 1970, opposing
the Strawberry Cove development. Fanning advised the applicants
have requested a continuance to December 17, and therefore sug-
gested adoption of a resolution be postponed to the next meeting
as the developer may withdraw or amend his application.
AB 436
STRAWBERRY COVE DEVELOPMENT
Resolution No
322
adop ted.
AYES
NOES:
ABSENT
COUNCILHEN
COUNCILMEN
COUNCILNEN
Action
Becker, Fanning
Ellinwood
None
Rice
Sennett
Question was
Ellinwood indicated her objection to the resolution was not based
on the content of the salary but on the separation of the jobs.
called and the
motion carried
It was moved and seconded
be adopted, to include a
blank appears and $50
a
by the committee
salary of $250 a
month v}here the
that Resolution No. 321
month where the first
second blank appears.
In regard to the acting city manager, the Chair advised he would
recommend $300 a month is appropriate, but in connection with
the mid-year review of the salary structure within the city of
Tiburon, they are recommending a permanent salary adjustment of
$40, effective the first of the year.
The Committee on Finance and Administration introduced AB 431
recommending Robert Kleinert and Louise Mirata serve as acting
City manager and acting city clerk, respectively, until the new
city manager is hired. They further recommended the acting
city manager receive a salary of $250 a month over his regular
grade and classification, and that Louise Mirata receive an
additional compensation of $50 a month, to be paid until they
are relieved of their duties.
AB 431
INTERIM APPOINTMENTS -
ACTING CITY MANAGER AND
ACTING CITY CLERK
Resolution adopted appoint-
ment Acting City Manager and
Acting City Clerk.
Action
The Chair directed this
Mr. Friedman indicated his willingness to participate in a com-
mittee to review the ordinance as written and retain his office
as an expertee.
matter continued to December 14
Becker requested on the 14th consideration be given to (1)
arrive at some kind Jf appropriate remedy to a problem at
Hills Road, and (2) local design control by the people of
Tiburon on what goes into the neighborhood.
how to
6 Rolling
Ellinwood expressed her objection to the house, but in view of
the fact that the remedies available to Mr. Noah would not satisfy
the neighbors, requested the council consider the alternative of
having this council declare this a non-conforming structure
subject to all of the requirements of the non-conforming structures
as found in Section 15 on page 37 of the Zoning Ordinance. This
could be recorded in the same sense that easements are recorded.
MINUTES
The Chair directed the committee make any necessary adjustments
to the report and bring it back on December 14. The report should
then be circulated to the members of the Marin County Transit
District prior to their January meeting, when a member of the
Public Services Committee should present the report in person
11221
November 30
Page 12
1970
AB 439 of November 30, 1970, was introduced containing the report
of the Public Services Committee on the suggested revised
proposal to the Marin County Transit District of the services
provided by the Marin County Transit System, Inc
AB 439
MARIN COUNTY TRANSIT
SYSTEMS, INC. - REVISED
PROPOSAL FOR MCTD
Action: Remanded to Public Services
Committee for revisions.
In response to Sennett's question on the two free pickups, the
Assistant City Manager stated the Mill Valley Refuse Company had
advised they were unaware the two free pickups had been
included in the agreement. The Chair directed a letter be sent
to the Refuse Company outlining the terms of the contract, which
included the rate increase already instituted and the free pickup
service, and the request they sign and return the letter. The
letter also should include requesting the second free pickup
service be scheduled for the second week kin January.
The Chair directed the matter of expanding this program to other
areas of Tiburon and continuing it on a permanent basis to the
Public Services Committee, to be brought back in December.
It was moved by Ellinwood, seconded by Rice, that the recommenda-
tions of the Assistant City Manager be adopted and the $600 be
appropriated from the general contingency fund. Motion carried
All Ayes.
AB 438 of November 30, 1970, was introduced containing the report
of the Assistant City Manager on the six-month solid waste
removal pilot program incorporated for the city in July of 1970
Because of the amount of usage of the debris boxes, the $1660
funding has now been exhausted and the Assistant City Manager
recommended supplemental funding in the amount of $600 for the
remainder of the trial period.
AB 438
SOLID WASTE REMOVAL PILOT
PROGRAM-SUPPLEMENTAL FUNDING
Supplemental
approved.
funding
Action
With general consent the Chair directed the Planning Director
refer this matter to the Planning Commission, with the sense
of the council being it is their intent to amend the subdivision
ordinance as described by Ellinwood.
Ellinwood stated the intent was that the Subdivision Ordinance
be amended to require inclusion of lot lines and the perimeter
within which buildings would be sited.
The Chair introduced AB 434 of November 23, 1970, requesting that
action be taken to amend the subdivision ordinance to require more
precise building siting requirements as part of the subdivision
process. The Planning Director recommended the Planning Com-
mission consider this aspect in their study of possible revisions
to the Subdivision Ordinance
AB 434
INTENT TO AMEND SUBDIVISION
ORDINANCE
Action
Matter referred
Commission.
to Planning
AB 440 Action City Attorney requested
REHEARING OF APPLICATION FOR to protest appZication.
CERTIFICATE FOR TIBURON-ALCATRAZ
FERRY SERVICE BY HARBOR CARRIERS, INC. ,
No. 51407
The Assistant City Manager introduced AB 440 of November 30, 1970
outlining action taken to date by Harbor Carriers, Inc., in their
petition to the Public Utilities Commission for ferry service
from Tiburon to Alcatraz. A hearing has been scheduled by the
PUC for December 15, 1970.
The Chair directed the City Attorney appear at the hearing to
make a presentation on behalf of the city protesting the
granting of a certificate for this service.
AB 441 Action: Bridge District to be con-
GOLDEN GATE BRIDGE AND tacted by letter expressing
TRANSPORTATION DISTRICT - PROPOSED Tiburon's interest.
NORTH BAY FERRY SERVICE
By AB 441 of November 30, 1970, the matter of Tiburon's not
being included in the proposed Golden Gate Bridge and Transporta-
tion DistrictVs North Bay plans for ferry service, was brought before
the council. This matter was presented for consideration of a
formal inquiry to the Golden Gate Bridge and Transportation Dis-
trict regarding their interest in the Tiburon ferry operation.
Ellinwood requested Tiburon cooperate with Belvedere in this
matter.
The Chair directed a letter be written to the Bridge District,
signed by the Mayor, indicating Tiburon's interest in being
included in their ferry service operations. Ellinwood recom-
mended using the Spalding report as the basis for including
Tiburon.
Sennett requested a letter be prepared advising Harbor Carriers
Mr. Fanning will be acting on behalf of the Tiburon Council in
further negotiations and discussions, and further Tiburon
opposes decisions made by them on a unila~eral basis.
AB 425 Action: Remanded to PubZic Services
STONE TOvlliR EASEMENT Committee to be brought
back 1-11-71
The Chair directed this matter remanded to the Public Services
Committee, to be brought back at the first meeting in January.
AB 4l~2 Action,: Resolution #323 adopted.
CITY OF TIBURON - CONTRACT POLICY vITTH ECONOMIC OPPORTUNITY
EMPLOYERS
AB 442 of November 30, 1970, was introduced containing
Resolution 323, a Resolution Relating to City Contracting policy
Equal E\mployment o.pportunity Employers.
Motion of Rice, seconded by Becker, to adopt Resolution 323
carried: All Ayes.
CASH FLOH STATEMENT
There being no objection, the Chair declared the Cash Flow
Statement for October received and accepted.
November 30 1970
MINUTES 11221 Page 13
REGISTER OF CLAIMS
Motion of Fanning, seconded by Becker to adopt Register of
Claims No. 76, carried: All Ayes.
VI. QUESTIONS
Annexation of Belvedere to Tiburon Sanitary District No. S
Fanning advised at a recent meeting of the Belvedere City Council
a proposal was made by Tiburon Sanitary District No. S to have
the City of Belvedere annexe~ to the district. This would prevent
Tiburon from ever taking the sanitary district over as it would
not be 80% within the City of Tiburon if Belvedere were annexed.
He urged prompt action be taken and this not be allowed to go by
default.
Sennett suggested a committee be appointed to consider taking
the sanitation district over and making it a part of the City
of Tiburon and creating a board of the present members and who-
ever would wish to serve.
Becker and Ellinwood suggested a committee be appointed to meet
with the Cities of Belvedere and Tiburon and the sanitation district
The Mayor referred this matter to the Public Services Committee.
Trails System Meeting
Becker questioned whether the Planning Director was working to
set up a meeting on Saturday with the Lands and Development Com-
mittee, representatives from the Parks and Recreation Commission,
and interested landowners. The Planning Director replied this was
being done.
Raccoon Lane
Becker indicated concern over the apparent lack of action on the
matter of Raccoon Lane. Ellinwood advised she is preparing a
report in this matter and it is being agendized for December 14.
Proposal of Formation of Joint Police Department for Belvedere and
Tiburon
Ellinwood read to the council and presented written copies of a
report she prepared on a proposal to initiate discussions with
the City of Belvedere regarding the possible formation of a joint
police department.
In response to Ellinwood's request, the Chair directed a letter
be written to Belvedere expressing Tiburon's interest in the
formation of a joint police department, and that a committee be
considered to include citizens of both cities to study this matter
Corrections to Minutes No. 217
Ellinwood presented written corrections to Minutes No. 217, to
be reviewed by the council and brought back at the next meeting.
Motorcycles in Hills
The Chair referred to council a letter from the law offices of
Joseph L. Alioto containing a column from Elizabeth St. Davids
and an editorial from a Los Angeles newspaper relating to
motorcycles in the hills. He directed a letter be drafted for
his signature to the Board of Supervisors reflecting the concern
November 30, 1970
MINUTES #221 Page 14
NINUTES
#221
November 30
Page 15
/
Dece
OF TIBURON
1970
Approved by
the
on
It being no\v the hour of 12:45 a.m., December l~ 1970
being no further business to come before the council,
Chair declared the meeting adjourned sine die.
and there
the
VIII
At 12:30 a.m. on the order of
recessed into Executive Session
ADJOURNMENT
the Chair
the City Council
VII
Fanning reported he had dictated the resolution passed in this
matter on November 23J 1970, to Congressman Maillard's office in
IIashington, DoC.~ who rushed it to the General Services Adminis-
tration before the deadline, and the land had been withdrawn
from public sale~ The city may be requested to pay for the
costs of advertising, which would be under $1000 The county is
now pursuing this matter and there is a strong possibj.lity they
may be able to acquire it. According to the Planning Director,
the Bureau of Outdoor Recreation is convinced the land should be
a part of the park area, and it now needs the approval of
the County Board of Supervisors
EXECUTIVE
SESSION
5~
Acre Parcel of Tiburon
The Assistant City Manager stated Mr. Brower of the Golden Gate
Bridge and Transit District had indicated to him that the
Bridge District was preparing to commence the Central Marin
intra-county service and the Tiburon feeder routes by the Marin
County Transit Systems, Inc. The target date is December 1, but
that date is doubtful. Mr. Brower has requested the city to
consider signs for certain bus coach stops along Reed Ranch
Road, Via Capistrano, and Tiburon Boulevard. It was the sense of
the council they approved standard bus signs along Tiburon Boule-
vard but in the neighborhoods they would prefer painting zone
curbs.
Naval
Net
Depot Propert
Bus Sto
of the council and of many citizens over this problem and asking
what steps might be initiated to curb the noise pollution
problem. Fanning suggested a courtesy call be made to the
Deffebachs to determine whether they had given their permission
to cyclists to use their property.
Golden Gate Bridge & Transit
District
CITY COUNCIL
CITY OF TIBURON
I CALL TO ORDER
Notice of Special City Council meeting having been duly issued, the
meeting of the City Council of the City of Tiburon, State of California
was called to order by Mayor Denis T. Rice, at 8:20 P.M., December 7,-
1970, in the City Hall.
II. ROLL CALL
PRESENT: COUNCILMEN: Hayor Rice, Ellinwood, Fanning, Sennett
ABSENT: COUNCILMEN: Becker
EX OFFICIO: Robert Kleinert, Acting City Manager
Louise Hirata Acting City Clerk
Richard Breiner, Deputy City Attorney
Richard Clark, Attorney of Record
III. SPECIAL BUSINESS OF THE COUNCIL
PURSUANCE OF ANNEXATION PROCEEDINGS
A resolution from the Planning Commission entitled Resolution 1198
A RESOLUTION OF THE PLANNING COMHISSION OF THE CITY OF TIBURON RECOM-
MENDING THE TIBURON CITY COUNCIL CONSENT TO THE COMMENCEMENT OF
PROCEEDINGS WITH THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF TIBURON
PURSUANT TO THE PROVISION OF THE ANNEXATION ACT OF 1913 was received
by the City Council and read in its entirety.
The resolution having been so read there now came before the
Council for adoption Resolution No. 325 of the City Council entitled
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON CONSENTING TO
THE COMMENCEMENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN LANDS
TO THE CITY OF TIBURON PURSUANT TO PROVISIONS OF THE ANNEXATION ACT
OF 1913. The resolution was read in its entirety.
The resolution having been so read, it was moved by Fanning,
seconded by Sennett, that the resolution be -adopted. Motion carried
unanimously.
AYES: COUNCILMEN: Ellinwood, Fanning, Rice, Sennett
NO EE : COUNCILMEN: None
ABSENT: COUNCILMEN: Becker
IV. EXECUTIVE SESSION
At 8:35 P.M. on the order of the Chair, the City Council recessed into
Executive Session.
At 9:25 P.M., the Council reconvened.
V. ADJOURNMENT
It now being the hour of 9:25 P.M., Decemb er 7 , 1970 and there being no
further business to come before this special session. the Chair declared
the meeting adjourned sine die.
~ ~~~ ,
-
iTif
ting City
Approved by the City on:
)
Dp.c.emher 1 , 1970
-
~
-
DENIS T.
Mayor of the City n
HINUTES if 222 December 7 1970
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., December 14, 1970, in the City Hall Council Chambers
110 ROLL CALL
PRESENT: COUNCILNEN: Mayor Rice, Becker, Ellinwood (7:52),
Sennett
ABSENT: COUNCILMEN: Fanning
EX OFFICIO: Robert L. Kleinert, Acting City Manager
Louise Mirata, Acting City Clerk
Robert I. Conn, City Attorney
Wayne E. Moody, Planning Director
Ra y vI. Foreaker, Jr., City Engineer
Phil V. Scott, Development Administrator
Louis V. Brunini, Superintendent of
Public Horks
Hellen K. Hecht, Minute Clerk
III. APPROVAL OF MINUTES
No. 220 Action: Apppoved as aoppeated
------'...--..
With general consent the Chair ordered the reading of Minutes
No. 220 of Nove~ber 23, 1970, waived. The Acting City Manager
requested the meeting place of the council be changed to
correctly reflect the Multi-Purpose Room, Del Mar School.
Louis V. Brunini, Superintendent of Public Works, should also
be listed as present.
There being no further corrections, the Chair declared the
minutes approved ns corrected.
No.. 221 Action: ~pppoved as aoppeated
With general consent the Chair ordered the reading of Minutes
No. 221 of November 30, 1970, waived. Becker requested page 12,
the last paragraph under Intent to Amend Subdivision Ordinance,
indicate he acquiesced with the general consent, but requested
the minutes reflect his explanation to amend the subdivision
o~dinance is satisfactory but this kind of intent is insufficient
and the council is in no position to make radical changes to the
ordinance.
There being no further corrections, the Chair declared the minutes
approved as corrected.
No. 222 Action: Apppoved
With general consent the Chair ordered the reading of Minutes
No. 222 of December 7, 1970, waived, and the minutes approved.
.IV. CONSENT CALENDAR
The Consent Calendar was continued.
V. ORDINARY BUSINESS OF THE COUNCIL
AB 375 Action: Adopted Resolution No. 326
TIBURON TRAILS PLAN, PHASE 2
Amendment to General Plan -
Resolution
This m~tter was continued from November 23, 1970, It was moved
and seconded by the Lands and Development Committee to adopt
December 14, 1970
MINUTES #/.23 Page 1
I.~INUTE S
11223
December
Page 2
The Planning ~~~cctor
and \'];.-:;Jlt qnallJ:tcD 2
bill. ..
14
~evicwed the 0.2finitions of a half story
2~-story building, as set out in the agenda
1970
In response to n qu~s~ion by Sennett~
stated there b~.:n;'2 b28n no snbstGntinl
of the property since the last hearing
permit had been issued for the ~']all.
the Planning Director
chnnges made to the exterior
except that a building
The Chair state~ ~hio m~ttcr was ~ontinued from the last meeting
in order thct reoid8nt8 in th~ area would h~ve the opportunity
to appear b~forc fi_n~l ::ction 'HaD taken. The Planning Director
revie'Ned the prcpocnln U1ede by 1-1J:". F~::tedm"1n at the last hearing
on November 30, which ~o~lld bring the building into conform-
ance Dith the ordinance r2quire~ent8
AB 414
NUISANC~ ABf."i.:TiHEI>~'
6 Rolling Ilills Y01d
Ralph NO~"1h
Nuisance was ordered
abated and staff was re-
quested to report in 30
days
Question was
cn c9.rr..eDjed
r:C~"7 called
nnd t~1r;; r~.o+:
0'1
5_0 ~1
l-\ction
the? cot ion
et1rried on
to adopt Resolution No.
a voice vote: All Ayes
326
Hith tb.e coaseat of 'Ll1J~ rC.o~.?cr Clnd the seconder:l Sennett amended
th/:) 1'" ..,t l~ n .r::-l.--:, ''':-:--h .!.:l..... 0',..... 1-, t "'d. 1I G 1
..... ,-,) __::1_ 0....__1._ '- -.... P_...3._ap,._ 0 re-:-.. ... enera
Plan an~] t!_'i~; TiGll~.:'cn r~::::::2i.~'-8 System nod sbculd be incorporated
as an am2;:~~~r~:i'iiE-I:0'-'Fc(..;~ G2nGral~tilai1-:-n--
After
would
Drive.
brought:
d it')cus G i0!~ >:] ';.:l.i.c C(i.1nci1:l necl:c~
':'7:1.thd:;':-,:::::'J t:-;r; r:~.":::3~:::'.:::,b on p~.~~(; 1
The Cb.:; 5.]: d i.).:'; C t ec1 ~hc rr::::: t 't: r;:."
b3Ck to th9 cCD~cil ~t one of
A8~ecd the committee
pert~ining to Hacienda
of H~cienda Drive be
the Jnnuary meetings
The t:10'VC
BE IT i!URT~:2a. RTI20LVED This City Council does
h~~cby direct the F3~ks Gnu Recre~tion COw~ission to
cODGiG2r discussion~ of joint use agreements with
the Reed Uni03 School Di8t~ict, the Tam~lpnis Union
lU.g:1 Gebool DiGtr7.ct, nn(] the Narin Hunicipn1 Hater
nist~ict fo~ U3C o[ th28e various district lands
.~-.:...... ~""11". --:.....r... -r..... ,...'- e ~1' ~ 17
.eoJ.. pc. .'_l._ ~.l........ __ ecrc..:.. '- ~onc... Lseu 0
. .
..
nnn
s (~conc1e
...
ac
(~
Ci.-~tcd
t}J.e 3::n9ndment
Sennett re1ucsted th2 :-.:'e~o:!.ut
follo~in3 last ~~~cgrnph
ion be
Mrs. Polly Snith l1.!'gcc1 t:L(; plen b9 adopted nnd stated it was
amen~blc to an] futu~e open space plans ~vhich the city and county
may COli3 ider with 'i..:hf2 propertj' O1;.]nerG.
am~nded
to include the
Mr. ~1eil S::~j.ith :':-C'~o:-:l'::'2l.....ded deleting from the propos<.1l the clauses
relating to th2 land acquisition and urged the plan be approved
in pricsi::>lc, providing c1ct~:ilcd npprovcl would be simultaneous
with t~e d2velcpcr of th9 cspects of tte open space plan.
Donald Loomis, CILd..l:~,:'2:1 of the F.-n:ks 3ncJ Recreation Commission
presented [2 rr:2:1:)'X'<'1nduIi.1 to thl'? cO"J.ncil dated December 14, 1970,
reco~~3ndin3 clu~ificntion of parCtg~aph 7 cnd revisions to
paragraph 9 of the p~opo3cd resolution.
The C~nir d8clared
comments f:co:n t1.!'2
tL1D
floor
the resolution
Tiburon Tr.:1ils
Q
&oending the Tib~lron General PInn to include the
Plan, Ph3se 2, Resolution No. 326
continued public
henring and called for
MINUTES
11223
December
Page 3
14
1970
MR.
THE CHAIR: (To Mr. Noah)
you engage the services
NOAH
I pu't"chased
the plnns
YOll
of
say you had an AlA architect. Did
the architect or did you buy the plans?
(See attached for
to the council.)
verbatim
statement Mr
Noah read
MR. RALPH C.
The following is
matter:
NOAH
Mr
Mayor
transcript
members
witnesses testifying
of the council
in this
a
In response to fIr. Brekhu8~s request Mr. Friedman be given the
opportunity to once again testify, the Chair, in order to save
time, reviewed the testimony given by Mr. Friedman on November 30
for the audience
of
After discussion
order to take
adjourned and
in order to
waived the
sworn.
with the Minute Clerk, the Chair stated in
sworn testinony the meeting would have to be
a deposition reporter would have to be hired, so
sav~ time the Chair reversed his first ruling and
requirement th3t i<Jitnesses speaking to the matter be
The Chair ruled since the m~tte~ was reopened and since Mr. Noah
is now represented by ccuncil, who is insisting that testimony
be sworn, that the council will adhere to that position and
testimony will have to be sworn. The Chair pointed out the
reason for the extended hearing was attributable to the fact
that Mr. Noah and his covncil chose not to be present at the
initial hearing. Mr. Brekhus stated he and Mr. Noah did not
appear at the first hearing in order to save council's time. He
requested com~ents from the public be relevant to the question
of the nuisance Qootement. .
Mr. Peter Brekhus, attorney for Mr. Noah, requested Mr. Noah be
given the opportunity to make a statement. He stated he had
requested copies of minutes be distributed to the audience so
they would be aware of the evidence previously presented. He
objected to the request for comments from the public as being
improper and illegal as this is a proceeding between the City
Council and the applic~nt. He requested a ruling from the City
Attorney with respect to the propriety of having comments from
the public, especially uns~orn testimony or comments and
criticism from the public as being an unfair burden on the
respondent in a semi-judicial procedure. He asked for a ruling
on whether or not Mr. Noah had to answer questions from the
neighbors or whether he could confine his testimony to questions
from the staff.
The Chair stated this is u continuation of the public hearing
and called for comments from the floor on the questions that have
been raised.
In response to a question by Becker,
the city can require compliance with
an occupancy permit is issued.
the City Attorney stated
the Building Code before
In response to a question by the Chair, the Planning Director
stated the building was constructed 3 feet higher than the plans
showed. However~ by raising the finished grade and with the
installation of a ceiling, the 3D-foot height requirement could
be met. The Planning Director recommended against the applicant
being required to construct the false ceiling as it would satisfy
the ordinance but not the visual problem of the neighborhood.
MINUTES
11223
December 14
Page 4
1970
WENIG: The letter shows that the expert advice was that they could
build on this site, that the reason for raising the pediment
was given that it was hard rock. This letter here shows that
there wasn't any hard rock except one drilling hole, and they
knew it before they constructed this building. We've been given
this explanation. Last time Mr. Friedman testified the engineer
found he couldnVt excavate.
THE CHAIR: Mr. Wenig would you state as concisely as you can
by way of offer of proof what you're offering the letter to
show?
(Mr. ~renig presented the
his examination.)
BREKHUS I would like
produce a document,
to see the document
letter
to make another objection.
in all fairness to Mr. Noah
first.
to Mr
Brekhus
If he's going to
I would like
for
~mNIG: Mr. Noah's architect testified that "the reason these pedi-
ments were raised was because they encountered rock. I have in
my hand here a letter from Bala & Strandgaard, who are civil
and structural engineers, addressed to Mr. Clancy Becker. The
point I'm making is that on the merits of raising these pedi-
ments and this foundation, this letter, addressed to Mr. Clancy
Becker of Environmental Structures, says no log of the drilling
he's referring to the inspection he made of this site
BREKHUS
May my objection be noted for the record
THE CHAIR
BREKHUS I will again speak to this.
is arguing the merits of this case
Objection overruled
I will speak to the way he
That's improper.
WENIG: As I understand it, building a house contrary to the
approved plans is in violation of the ordinance. The building
ordinance requires a building proceed to an approved plan. This
house was built contrary to approved plans; namely, it was built
three feet higher than the plans as approved. I think that con-
stitutes a nuisance that can be abated, and I make this point
that it is an abatable nuisance regardless of whether Mr. Noah
satisfies the 2~-story requirement or the ceiling requirement.
It is still 3 feet higher than the plans as approved. Going to
the merits of this matter Mr. Friedman testified
THE CHAIR
BREKHUS:
evidence to
The point is
I presume Mr. Wenig is going to produce relevant
the issues before us and net making argument.
well taken
This
is the time for evidence
MR
HERBERT vffiNIG: Mr. Mayor and members of the Council, as I
understand it~ there is one point that stands out above everything
else, including this house. It is the fact that this house was
built three feet higher than the approved plans. This seems to
be accepted. It seems to be escaping both our Planning Director
and Mr. Noah's council As I understand it
MR
THE CHAIR: Is there anyone who has
to the council?
any relevant evidence to bring
NOAH: No. The site plan was set out by the architect,
out and from that point on it was the engineer, your
my contractor.
was staked
staff and
THE CHAIR:
pouring
Did you have an architect supervise or inspect the
of the footing?
Q,
/ .~
~. (d!~
~ UJ rJt
'i'nq Ilk
Y'OU
for your
attention.
7)...13 t.'?Ve ~., :L~ n">rluirA: t.o conform 2.S
the rec:ui:r':'j'lcflts 0.re not p'ln:i ti ve.
I st"nd re~d:l to do
of ':!.'jl.\llron st3. ff 8.Y1d
;0. f'() 1"e le
-::71,1 '.rchi
r" I t:'f rJ
_~ l-,,~ ..:.. nf {
'rir.(~ fa!' 'l'~c2tion on i)cto~('
Act oNeri'']~ t"e:,: to compl~i
I?ac T1P)"'11'E' (")f t.118 C>J1.U1c"i.l
, ~~ th of
:,'i th t~;e
-rec...,-i I''.:''d
lons
tlli.s ::lear !.
:reej ui renlen ts
Y10t..ice 00 this
as
~'j'l".\)te my Attorney "Contr2.~tor
of the City of Tiburon. Your
order.
He can reljT
on the r.i tJr
~
J.
cd.
~1~t
pl?n
-.
c"',ent
0::-1 ::.rrJ
to O~(;
.r.':I ;~
t, 118. ts
l~::r
~d~
~.!e ,'1
'? ~O!,;e
that HP d'ldnt,
irJ no~:. i:1tend
at 6 ~olJ_
ca
to
1-'~; '(-.That th0 '0sj.dence looked like as it \.:as
()ccup~r i to Ye have Oi.lr cOilQominlmn for sale
-ills ~s S00;1 :J.s our present resj.dence is soJ.d.
a
spec-
?nd
-~ st:?+~f,'F"nt
(Yt~iA r Dot r.
l'Ti.lrlj n:~
t'~ ~"l'1'!e
')
pe!'f'li t
r:or,t,'n
.
-'lS 21so
~'!1J. B.t
i .C'Si
.F;
~~
t:leTl T'!2~10
.t:i_on t,o
.;1.1.ne
t>'8t
[,;,e b1..:i 1:
7th,1970 ,?11,--j
I rle l:-(ted
inc.
T'1)'
t''?(:
Tie
2.ppli
re co rd
.I- .
C:J. 'J~.0n
a ita.ri ance for' 9. car deck in
oj srntes this. 1'118 recoro ShO~TS a
for 2. variance on June 30 th of
.18stinD
1'1,~Y8 'ecn acr-:.:sed of 8Ci101nin~; to :irii? t"8 hej::.:nt. of the house from the neiGhbors nn-
7. it T.12.8 C('lPstrllct~(l. ~~'(; Tiburo:1 j~ity :.'taff circulated notice to nei2";hbol's before
e p':"'rr~dt, FPS i:-s;1.ed an-l 0f1A nei:~1 oI',:.Trs. 'lall2.l'd saH the plans. No cOJfJplaint Has
made.
L
ti
q TTl9ml:.er
ric j
or employrj~
nvestJner,t rn.
i'~,U,
!Le:t "tj-
e. member of Fredric
its J.,::ncl }101d:in~s. I
Co. . I have never
:rs 8:rt'da ~;lle2.~J in
Investment Co. and have a
a.m not and never have been
heen associated 'tti th Fred-
8.rPJ lencl Developement.
se"!.'Jer ~'r9.S
r1 oIl? rs 'flare
sit9,but
the .l71.ct
f~ SU3r'es"tion
line. Thjs is
p~s ~3.de V,~t the hei,n;ht of the b'LL'ilrlin[" Has rai.sed in oroer to eet a sewer
a f21se assumption. It Has alHa~;s possible to Get a gravity Se'T,fTer from the
Has considered to costly. It. pas after the prices came in on the se1.,mr pump and
that e~'~f~'~~~l ;p~on.oo to connect to his linethat the cost of a gravity
rt F?S ;'olJnd ~~ha t a e:r':lvi ty seirle r Hould cost only a fm.] hl1nd red
'ne ('11 !,;ore 3?ti_::acto~T thai;\ a seuer pl.lI1p.
1'11'. PaCP.
invest.:i ~3.t~cl.
2nd l.ronld
:r posi tion il: t,11:i.8 1'1lil(~ inr:
'nr.e. T a.-n not 3. coY)t,r3ctor.
~it=. of -iTl;ur0n. Plans He ~'f~ pure}
=~,:j nn?r ~';ere C;rr1(\?ed,a. contr-ct
r::i t.:.. St.aff. A t::-"o time dici I
t.!J2.t ~'J"1)l(l ~..ffect th~ . 'ei:~ht
r:onsc> sot li1.lil t 3'~- fe8t to:'
ne
change
of the
hir::h. I do
pr()~8ct
I have
j
to
ased
the s?me :J.G any private citizen constructing a
r'31;)T on ~"'rofess'Lona11'elp and the Staff of the
from a !~.-r .i~. arc1~itect,a soils and structural
:.:.-otiated H:i th a builder 2.nd they Horked 1-1i th ~Tour
or order chan:;eci an~r p19.ns,.:.:rQdine: or construction
structure. Hr. ~~e~L"r'12n has 9xplained that the
not J:nO"!1 Hhy.
.his hOilse
all c0ncerpe~,n0 sre~ific~
0;:' t1,p' ODe in ::.'1r:1n-Hj,?H
'~a'('l~r if1. },9?O I ;"n'cl'ac~ed a
6 rollin ~ Fills ,'I-1.'YiI'on ,froT11
r:Or1 eidnan a. conLract 1-12.8
r; C?.11 S r>
:r
nJice.
s
dr~T'Tj.nL:S for D. ~)~idr~nce to be "b1..1.ilt on a site at
-". ?reidt1A"!".'.A .Archi tect.s. :\;i th the help of Hr.
ne~ot~i.2.'~pd Hith ?rrvironment21 Stuetures to build a resi-
~c1 previa l'nil t in H2rj n-Viel1 ~'ras familiar to
t-i r'\IiS ~'1~r8 'i't'e bllildin~ "!.!~S to exact duplicate
set or'
?is~"cr
sl~- b::::en
. T~. tten.
and
bean
r~':.8 f'ollo1.rj.n~< s+,2tep'ent
SO;1P q':lAs1:i ons th~ t ....'l8
j.s :l
'~e
a tP.?1I't
r..j sed.
certein rd.s1)nderst~.ndinGs
and
anSV7e r
to
clan
fy
.~r.
Hr.
':l:ror-1':PFlI-
"V,!:l"<,ror
... ....."
I
C>
:,TO
s
1J.rl
of
like to
t;;8
n
(1
ncil
e SHom
Ii t'efore !'1C'Jkin5:
a sto,ter"Jent
BREKHUS: We're ready to have Mr. Noah and Mr. Friedman testify
they have never seen this letter. We feel it is objectionable.
We don't feel it proves what he alleges it proves. We'll object
to this going in as evidence.
(The Chair examined the letter.)
BREKHUS: It appears to relate to the property.
~lliNIG: It mentions the site and the address. That letter came from
the city file on this property. It shows they've been giving as
a reason for raising this building contrary to the approved
plans --
BREKHUS: I think the letter speaks for itself. Let's let the
Chair rule on it.
THE CHAIR: Mr. Conn, do you have any feeling on the admissibility
for this?
CITY ATTORNEY: I haven't seen the letter.
(The City Attorney examined the letter.)
THE CHAIR: Are you questioning the genuineness and the authenticity
of the letter as well as the relevance, or everything?
BREKHUS: I will speak to everything. We have never seen the letter
Perhaps there should be some rebuttal examination on it. ~ can
say we've never seen the letter.
THE CHAIR: Does this come from the city files?
DEVELOPMENT ADMINISTRATOR: To the best of my knowledge, this is
in my files.
THE CHAIR: Was it furnished to you by the soils engineer?
DEVELOPMENT ADMINISTRATOR: In connection with the building permit.
This was the preliminary soils report.
THE CHAIR: Since the letter was furnished to the city as a normal
course of the efforts of the engineer and the contractor, I will
rule that for whatever weight it has, that the letter is genuine
and authentic and may come in. The letter dated May 25, 1970, to
Environmental Structures, Inc., which is a contractor from Bala &
Strandgaard, Civil and Structural Engineers.
BREKHUS: My objection is simply noted for the record. The council
would give it whatever weight it's entitled to. The letter will
speak for itself. I don't think we need it explained for you.
THE CHAIR: I will take it in evidence.
WENIG: I would like to read excerpts from it. I would be better
off if I could read from the letter. The point is that the
engineer pointed out --
BREKHUS: He's going to go ahead and tell you what the letter is.
You've ruled the letter is the best evidence.
vlliNIG: It doesn't help to be in evidence if you don't read the
letter.
THE CHAIR: Since we only have one copy I will give you two minutes
to read whatever portion you want.
December 14 1970
MINUTES #223 Page 5
l1INUTES
11223
December 14
Page 6
1970
ALLAN LITTMAN: I wanted to call attention to some evidence,
which I take it is all any citizen can do unless he goes out with
a tape measure or a drill. I think I would call attention first
to the fact that the nuisance is purported to be justified on the
basis of an artificial ceiling that might be put in; an artificial
roof extention that might be put in; an artificial wall extension
that might be put in; an artificial grade that is proposed to be
put in. These are all artificial arguments. One last thing, if
this house had been designed with the ceiling which is purported
to justify it, I can't believe any staff could possibly have
approved it. I don't understand how fill put in, after construc-
tion is completed and after a building is already in violation
of an ordinance, can be counted to measure the 30 feet to an
artificial ceiling that will never be put in. If you permit that
kind of correction of a nuisance, then there will never be another
nuisance in the City of Tiburon on the matter of height. On the
matter of changes in the Zoning Ordinance considered by the
Planning Commission, contrary to what has been stated to the
11R
t'JENIG
I am not a
soils
expert or foundation expert
BREKHUS
You have no
knowledge?
t-JENIG
BREKHUS: I don't want to waste the council's time. I have one
question. (To Mr. Wenig) Do you have any. personal knowledge
your own personal knowledge of how deep the excavati.on on
this building went?
No
I
Vm relying on the expert testimony in the letter
vffiNIG: The point I urge on the council
here a house that was built contrary
This is a violation of the ordinance
abating the house to the extent that
approved.
,
is that apparently we have
to the approved plans.
therefore, the basis for
it exceeds the plans as
THE CHAIR
BREKHUS
that
May we ask a few
has been presented
Yes
questions with respect to
on the letter?
this
BECKER: I happen to know that the figures being stated are irrele-
vant. The piers on a house have to be drilled to a certain
diameter or to a certain depth for friction or to bearing soil.
Very orten they'll set up one standard thinking that's what the
contractor will encounter and they will carry that standard until
it is met or exceeded by the other standard, in which case one
or the other suffices. lve have nothing to tell us what this
means without knowing the actual prescribed depths or diameters
of these piers. This letter means nothing.
testimony
Now, Mr. Mayor, my point is, we've been told that Mr. Noah built
this house 3 feet higher than the approved plans because he hit
hard rock. I offer that to indicate it wasn't hard rock but
there might have been some other reason why he defied the building
permit and built higher than allowed.
vlliNIG: Reading the third paragraph, lPrior to my examination
had been drilled by Hillside Drilling Company. The holes
been covered with plywood sheets, but the material from the
drilling was lying around the holes and therefore available for
inspection. No log of the drilling has been made available, but
in accordance with your information, with the exception of 1 hole
at the southwesterly corner of the lot where rock was hit at a
depth of 5 to 6 feet, the 5 other holes were drilled to the depth
possible by the rig, 20 feet, without meeting hard rock.n
6 holes
had
BREKHUS
I
11 object
It's
fairly improper
MINUTES
11223
December
Page 7
14,
· RODNEY F. FRIEDMAN: Mr. Mayor, members of the City Council
I'm glad Mr. Wenig brought up the letter from the soils engineer
t~e have in our offices the soils report. However, they were
transmitted to the structural engineer, who was Frost and
Meglio, and I've made extrap~lations from his letter. I think
I can summarize it and clear up the situation. The letter
stated the contractor cored the southwest corner, the soils
engineer took the log at a level of minus 5 feet. In the
structural engineer's drawing~ which are dated 7 May 1970, a
detail one over Fl showing a l7-inch diameter pier. It states
that the depth of the pier at the northeast corner was deter-
mined by the engineer for 6 feet minimum. If the building were
to be constructed to the desired height, that means the con-
tractors and the engineer would have to excavate 3 feet, leaving
a balance that would be 3 feet deep, which would be 4 feet under
the minimum required for the structural engineer. I have these
drawings here. In regard to the time that everybody realized
that the building was over height, Mr. Noah instructed our
offices, the engineer's office and anybody else involved, to
try and solve the problem and to receive the approval of the city
in the solution of that problem. Item no. 1, we consulted with
staff and came to a mutual agreement with staff that the installa-
tion of the ceiling at 8 feet high above the second and one-half
floor plus a combination of installing a retaining wall and
1970
MR
BREKHUS: I would like to have Mr. Friedman answer some of the
questions raised and I would like to give you a brief one-
minute closing statement.
CHAIR:
minutes
Mr. Brekhus, if you would be good enough
to summarize the facts.
THE
A recess was taken at 9:05 p.m.
9:18 p.m., the roll standing as
to take two
the council reconvening at
originally taken.
THE CHAIR:
summary
He'll
by Mr.
RECESS
take a short break.
Brekhus and maybe Mr
Then we
Henig.
11 ask for a brief
AVERY MILLARD, 25 Rolling Hills Road: Is it in order to speak
to a point in Mr. Noahis letter? In my original testimony before
the Board of Adjustments, I said I believed Mr. Noah either was
or is associated with Fredric Investment Company. The point
of that was not to indicate any financial interest, but it goes
back to the original point which was that all of us who built our
properties in that area had to submit our plans for approval to
the Fredric Investment Co. The point I was making is Mr. and
Mrs. tfueary turned to Mr. Noah to approve the plans and together
they approved the plans for our houses. In this instance none
of us -- I, personally, wasn't familiar, nor could I be expected
to be familiar with these houses over in Marin-View, and, secondly
we were not accorded any such courtesy which we were mandated to
perform when we built our houses. That was my point in mention-
ing the reference to Fredric Investment Company -- not financial
to point out this was merely a situation where no one was given
the size of the building, the aesthetics of it, how it fit in
with the neighborhood, and what effect it would have to the
economic situation of the neighborhood
MR
council, these are bang considered not because this house
somehow is being treated harshly -- those are being considered
because this house has made blatant the attempts to circumvent
the ordinance and we're tightening the rules so that there will
never be another occasion of such circumvention, but this house
was the demonstration of the fact that we have to be even
tighter about letting people come in and wiggle around the height
ordinance.
HINUTES
SENNETT: Mr. Mayor, there is a resolution before us which was
directed, as a result of the first hearing on November 23,to be
prepared. The only change I can see in that resolution we would
have to add the hearing was continued to November 30 and December 14,
1970. I would move the adoption of that resolution. I feel on
the present record there is a violation of the zoning ordinance
It may well be that the improvements that Mr. Friedman has
f/:223
December
Page 8
14,
1970
THE CHAIR
WENIG: Mr. Mayor~ members of the council, speaking for the
neighbors, we view this as very serious encroachment upon their
rights as property owners and we're protected by the City of
Tiburon through its zoning ordinance and its building ordinance
I came back to what I . said originally that one thing stands
clear, and that is this house, whatever other explanation you
make about the 2~-story limitation or the height limitation
through the artifice of putting in a ceiling, is still 3 feet
higher than the approved plans which provides a basis for abate-
ment.
BREI<HUS: I will be very brief. I'm sorry some of the neighbors
~~ere not down to hear Mr. Friedman's remarks last time. I
think you are aware the building was not built to test your
zoning laws, nor ~vas it built in an attempt to frustrate or
antagonize the neighbors. There were four different models
Mr. Noah could have chosen. He selected one and before he began
construction, he submitted it to staff and said there may be some
question about story. They gave an interpretation. I want to
point out you've heard the evidence last week this wasn't a
deliberate attempt to bypass your laws or to frustrate your
staff or any of the neighbors. You quite properly responded to
a request from the neighbors to look into this. You've spent
three meetings listening to the evidence. As I understand your
staff recommendations, they are certainly not recommending you
take this abatement procedure. If I understand what your city
attorney is saying, he doesn't seem to be telling you to go on
into court and proceed. It seems to me you have to consider the
neighbors but also the other citizens of Tiburon. You're
going to spend taxpayers money to proceed with the abatement
procedures. I think you have an obligation as city councilmen
not only to the neighbors but to all the rest of the citizens
of Tiburon to decide whether you think this building so horrible
or if Mr. Noah's actions so wrong. We ask that you not take
abatement proceedings
He
will come back
to council
revising the finished grade of the building on the upper side
would then put the building into conformance in terms of height.
The only remaining item would be the interpretation of the height
of the building as to the number of stories, whether it be 2~
stories, 2 stories or 3 stories, and we rely on the interpreta-
tion of the city staff that it's something between 2 and 2~
stories. f~ have heard evidence that the retaining wall might
be built or that the ceiling might be built or that these items
mayor may not be built. We have on file a building permit on
behalf of Mr. Noah ,~hich represents the installation of the wall
and the installation of the ceiling at an expense to the owner
of some $3,000. The contracts have been let and the work started
on the project prior to the previous council meeting. I know
Mr. Noah is anxious to resolve the problems and is more than
willing to make these installations once we have city council
approval. The only item on that list which seems unnecessary is
the obligation to provide a ceiling of some description. I
won't repeat anything else we went through at the last meeting
unless council would like to ask questions, and I would certainly
be available to answer these questions.
MINUTES
11223
December
Page 9
AYES
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
Becker, Ellinwood
Rice, Sennett
Fanning
14
1970
Question was
BECKER: I have moved to drop the matter, and in doing so I'm not
trying to diminsh the problem or belittle the councilor the
citizens. By dropping the matter I don't mean to close the
issue of concern but I think insofar as it deals with Noah,
I'm prepared to vote and so move.
called and the motion failed
THE CHAIR
matters
We have to act on the nuisance
They are separable
SENNETT
ELLINWOOD: I would like to amend to define this particular piece
of property as a non-conforming structure.
I would ask for a ruling
in that respect
THE CHAIR: I would like to get
call for the question.
back
SENNETT: I would like a ruling from
is in order at this time. We are
different aspect of this problem.
to the pending motion and
the Chair as to whether this
now looking into an entirely
(The Planning Director read the conditions under
which a non-conforming house can continue from
Section 15 of the Zoning Ordinance relating to
non-conforming uses and structures.)
ELLINWOOD: I would not want by my motion to make changes or suggest
that Mr. Noah make changes which would further uglify the house
but there are certain changes which we feel can be achieved
that would actually improve the appearance of the house and
would render it conforming in terms of the present ordinance
BECKER
ELLINWOOD: Second. Would you consider that the city find this
to be a non-conforming structure until such time as it is
rendered conforming in its strictest sense?
Yes
if Mr
Noah understands the intent
BECKER: I would move that we drop the matter. I would do so on the
basis that the problem is our ordinance, that we're taking moves
to improve and change the ordinance but the cit~ as the
administrator of the ordinance we possess has a continuing duty
to update and revise our ordinances as required. I think the
best way we can benefit from this matter is to take this matter
and use it to improve our ordinances.
THE CHAIR
mentioned this evening will cure those defects. I see that, in
a sense, at this present moment, as a separate problem. I think
we have a violation of the ordinance and a nuisance. If and when
these changes occur and we are advised by our city st~ff that
these changes are in effect, do in effect make this building
comply with the ordinance, I would at that time be prepared,
if the specific findings were necessary at council level,
find that the nuisance has been abated. I don't want the
assumption being made when we vote for this we're asking for
all or part of the building to be torn down or radically altered
except I'm satisfi~d that the testimony establishes the ordinance
has been in effect violated. I would move the passage of
this resolution.
Motion dies
for
lack of a
second
MINUTES
11223
December
Page 10
14
ELLINWOOD: I would like to note I feel very real points were made
by Mr. Littman and Mr. Wenig. I agree with them, but I feel
my negative vote would reflect the feeling that the City of
Tiburon should not be put to the expense of abating or even
finding a nuisance exists. I recognize you remove the requirement
1970
AYES:
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
Becker, Rice
Ellinwood
Fanning
Sennett
Question was
THE CHAIR: Speaking in support of my motion, I would say (1) I
think that I'm not convinced that there was an intent to flout
the zoning ordinances or the building codes in connection with
this building. I think the plans of the building architecturally
were fairly good. I don't sympathize entirely with Mr. Noah
in the fact that he bought the plans but did not engage an
architect to supervise construction, the pouring of the footings
and make necessary inspections. Such are important in the
construction of a building. I do think that our code is quite
clear in connection with this point, for example, that it is the
height from finished grade, which can include fill, which deter-
mines the height of the building above grade to original grade.
I don't think doing anything inside that house with that ceiling
is going to improve the situation, but I think it is important
that the grade problem be resolved, and as in Councilman Becker's
memo and originally brought out, that it is very important that
in curing this situation some landscaping be done which will
soften the lines and somehow help to diminish the mass of this
building.
called and the
motion carried
MILLARD: Point of order. I think under the action being taken
it would be possible for U. S. Steel to put 500 feet of earth
and make it a 50-foot building. You can build anything as
long as you fill in around it. That's the point.
MR
(The City Attorney advised the
THE CHAIR: The
bound by some
finding a nuisance
means of abatement
motion is proper
only question I have of staff is whether we're
ordinance or statute to commence legal action after
exists or whether we can allow for other
)
Second
SENNETT
14 Staff is directed to determine and report back
to the council within 30 days whether (a) the grade
has been modified by construction of retaining
walls, and (b) whether the owner has taken appro-
priate steps toward landscaping around the house
to screen the mass of the building.~'
3
he
is
As the owner of the property has represented
undertaking actions to abate the nuisance.
Strike findings NOQ 3 which says
is directed to immediately commence
for the abatement of said nuisance,
."The City Attorney
legal action
and substitute
The last WHEREAS paragraph should read JiThe
hearing was then continued to November 30 and
December 14. 1970.:'
THE
CHAIR The Chair would like to offer a motion since that
motion does not carry, which would co~sist of the text of the
resolution, with the following changes
MINUTES
ft223
December 14
Page 11
1970
It was moved by Ellinwood that the matter be continued for resolu-
tion of that problem and that no other matter relating to this
problem be brought in at the next regularly scheduled council
meeting
Sennett inquired whether a parking structure to service No. 6
Rolling Hills Road could be constructed and still comply with
the zoning ordinance without requiring a variance
Mr. John Beatty spoke in opposition to the parking deck as the
house has already obliterated his view and the parking deck as
proposed would worsen the situation.
Mr. Allan Littman gave the background of the variance in this
matter, and stated in his opinion the applicant should never
have applied for a building permit if he knew it would not be
possible to construct a parking deck without a variance. He
stated city officials have advised Mr. Noah there is no legal
lot split, and therefore the parking facility could be con-
structed on the adjacent lot
Mr. Rod Friedman, architect, spoke to the matter. In response to
his offer to construct either a carport or a garage, the Chair
directed only the matter of a carport was before the council at
this time and they could not consider an application for a
garage. Mr. Friedman stated there is no way Mr. Noah can comply
with the zoning ordinance and still build a parking facility.
Mr. Peter Brekhus, attorney for the appellant, advised the
appeal was filed at the time Mr. Noah was out of the country and
he listed every point he could as the bas1s for an appeal.
Sennett put to the Development Administrator the three questions
listed under recommendations in the Ag~nda Bill, and the Develop-
ment Administrator answered each question in the negative. He
stated in his opinion the Board of Adjustments had received a
complete presentation in this matter and reviewed all sides of
the question.
The Chair ruled the council would accept only the material
presented to the Board of Adjustments in this matter and no
new evidence should be introduced.
By AB 445 of December 14, 1970, the Development Administrator
brought before the council the appeal of Ralph Noah from the
decision of the Board of Adjustments denying the variance to
encroach upon the required front yard with a parking deck at
6 Rolling Hills Road.
AB 445
APPEAL FROM DECISION OF BOARD
OF ADJUSTMENTS DENYING VARIANCE
6 Rolling Hills Road
Ralph Noah
Matter continued
Z2/2B/?O
Action
BECKER: I think the ordinance is the problem. I"m pleased Mr.
Noah is willing to put in some materials which hopefully will
heal the problem.
to
THE CHAIR I would comment in my opinion the contractor knew and
was appropriately advised by staff that the building was going
to violate the code and I'm taking that into consideration.
that the City Attorney began legal action but I still fee
essential trouble here was with the defective ordinance,
failures of staff during the building period~ and I feel t
when it's our failure or I consider it a defective ordinance,
together with the failure of the contractor to notify the city
at the time he was pouring the fill - - -
the
possible
hat
MINUTES
11223
December
Page 12
Dr. George Ellman
Recreation in this
to paths and lanes
indicated
matter
He
14
the concern of the Parks and
as it relates to city policy in regard
requested this matter be postponed to
1970
The City Engineer commented on the memorandum he wrote to the
Public Services Committee on November 30, 1970, outlining his
estimate of the cost to bring the street to a minimal city
standard, and offering an alternate proposal which he would not
recommend but which may be acceptable.
Mr. Myron Silberberg, as a representative of the Lyford heirs,
gave the history of the lots in the area. He requested he be
notified of any future action and expressed a willingness to
meet with the committee to discuss this matter. He stated
the Lyford heirs will be held as the underlying fee of that
property. In response to a question by Sennett, Mr. Silberberg
stated they are interested in consummating a satisfactory
situation in this matter.
It was moved by Ellinwood, seconded by Sennett, that the eS'sential
content of this report, exclusive of that matter which would
indicate that the city would bear any difference between the
amount collected and the eventual cost of the work, be deleted,
that the essential content of the report be approved as a policy
of this council; and its first act in implementing that policy
be to authorize the City Attorney to institute a title report
on the property known as Upper Racoon Lane.
In response to a question by the City Attorney, Ellinwood stated the
kno~~1 property owners have indicated their willingness to dedicate
~his city to the street and are willing to pay the cost of improv-
i.~g the street. Mrs. Mason, representing some of the property
owners, advised there is no objection to dedicating the street
to the city. The City Attorney recommended the city take the
street by quitclaim action, but should there be objection
then condemnation proceedings would be considered.
Ellinwood read her report regarding Upper Racoon Lane. Sennett
concurred with the report, but in regard to financing, suggested
the entire cost of the project be borne by the property owners.
Ellinwood accepted the amendment.
In accordance with Ellinwood's request, the Chair directed the
council consider Upper Racoon Lane separately from Lower Racoon
Lane.
AB 408
RACOON LANE
. City Attorney authorized to
Act1.on institute a,,"titZe report 'on
Upped Racoon Lane; the matter of Lower Racoon Lane was
remanded to the Lands & DeveZ~pm~nt Committee-ZIZZ/7Z
By AB 408 of December l4~ 1970, the Acting C1.ty Manager BrougHt
before the council the matter of the closing of Racoon Lane to
vehicular traffic and consideration of the city's position in
regard to acquiring the lane. Ellinwood presented to the council
copies of the report and recommendations of the Chairman,
Public Services Committee, dated December 14, 1970.
Dr. Bruce Berg requested when this matter is brought back that
competent figures that are reliable .:be furnished in this
matter.
In response to a question by Mr. lienig as to whether
house is being contemplated on the adjacent lot, Mr.
responded they are making no commitment at this time
another
Brekhus
There being no objection,
by unanimous consent, and
appropriate measurements,
regular meeting.
the Chair ordered the motion adopted
directed the staff to make the
to bring back this matter at the next
give representatives of his commission and the council an oppor-
tunity to discuss policy in regard to paths and lanes, and that
appropriate formulas for cost and maintenance be considered.
Ellinwood agreed an in-depth study should be made, but urged
action be taken on Upper Racoon Lane this evening.
Becker referred to council's minutes of September 28 and
October 26 in which he expressed the same concern as expressed
by Dr. Ellman and he had requested this matter be sent to the
Lands and Development Committee before it was agendized, which
was not done. He recommended developing a lane policy.
With the approval of the mover and the seconder, the Chair
amended the motion to include that the motion does not purport
to adopt any long-range, overall principles on lanes and
trails until they can be coordinated with the Planning Commis-
sion and the Lands and Development Committee. Ellinwood stated
she would be willing to reintroduce the matter if the criteria
persuaded her that a 12-foot simple asphalt concrete surfacing
in decent shape was in conflict with this criteria.
Question was called and the motion, as amended, carried:
AYES: COUNCILMEN: Decker, Ellinwood, Rice, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Fanning
Ellinwood read her report pertaining to Lower Racoon Lane.
Mr. Silberberg requested a copy of the report and advised as he
was just notified of the meeting, he would prefer this matter
be continued until his representative were present. Preliminarily
he saw nothing in the recommendations that would adversely affect
his interests~
Mr s. 11. H. Price urged vehicular traffic be stopped from Mar
West to Centro West.
Mr. Rundberg stated he lives in a duplex on Lower Racoon Lane
and he and his tenants and friends are trre only ones to drive
on that lane. It would be possible for him to use Centro
West, but his tenants would be unable to reach their property
from Centro West and their only access is Mar West.
After further discussion, the Chair remanded this matter to the
Lands and Development Committee, to be brought back on the
agenda on January 11.
AB 446 Action: Continued to l2/l6/'10
TIBURON CROSSING REPORT
Continued to Thursday, December 16, 1970.
AB l~O 2 Action: Ordinance No. 64 N.S.
REZONING: RO.l to RO,,2 adopted effeotive in 30 days
Bodian Property
By AB 402 of December 14, 1970, an ordinance entitled AN
ORDINANCE OF THE CITY OF TIBURON CORRECTING THE ZONING MAP BY
CHANGING ZONING OF A PORTION OF THE BODIAN PROPERTY FROM
RO.l TO RO.2~ came on for second reading and adoption.
With general consent, further reading of the ordinance was waived
and the ordinance was read by title only
December 14 1970
MINUTES ff223 Page 13
The ordinance having been so read, it was moved by Becker
seconded by Sennett, that Ordi~ance No. 64 N.S. be deemed to
have passed second reading and De adopted. Motion carried:
AYES: COUNCILMEN: Becker, Ellinwood, Rice, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Fanning
AB 403 Action: Adopted Ordinance No 64 N.S.
REZONING: RO.l TO RO.2, effective in 30 days
Casella Property
By AB 403 of December 14, 1970, an ordinance entitled AN ORDINANCE
OF THE CITY OF TIBURON CORRECTING THE ZONING MAP BY CHANGING
ZONING OF A PORTION OF THE CASELLA PROPERTY FROM RO.l TO RO.2,
came on for second reading and adoption.
With general consent further reading of the ordinance was waived
and the ordinance was read by title 0 nly.
The ordinance havin~ been so read~ it was moved by Becker, seconded
by Sennett, that Or inance No. 65 N.S. be deemed to have passed
second reading and be adopted. Motion carried:
AYES: COUNCILMEN: Becker, Ellinwood, Rice, Sennett
NOES: COUNCILHEN: None
ABSENT: COUNC ILMEN : Fanning
AB 419 Action: Requested ResoZution with
TENTATIVE SUBDIVISION, street name changes be pre-
EL MARINERO UNIT 2 (Meadowhill) pared and returned on
Z2/28/70
By AB 419 of December 14, 1970, the Planning Director brought
before the council the Tentative Subdivision Map for El Marinero
Unit 2 (Meadowhill). This matter had been continued from
October 13, 1970, pending resolution of the zoning, and RO.2
zoning became effective November 26, 1970.
Mr. James Derryberry spoke to the matter. He requested
restrictions on architectural control not be imposed on his
property when it is not imposed on other subdivisions. He
stated it is his intent to create with covenants a homeowner's
association which would be concerned with architectural review.
Discussion ensued.
It was moved by Rice, seconded by Ellinwood, to adopt the resolu-
tion before the council which was adopted by the Planning Com-
mission, substituting the words :7the City Council" for "the
Planning Commission'7 wherever it appears; that items 6 and 8 be
deleted, renumbering 7 to No. 6 and the following No. 7 inserted
"7. Siting of the buildings shall be subject to the prior
approval of the Board of Design Review. 'J Motion carried on a
voice vote: All Ayes.
The Chair directed the resolution pertaining to street name
changes be prepared and put on the Consent Calendar.
AB 449 Action Continued to Z2/28/70
RECOMMENDATIONS FOR 1970-71
MID-YEAR SALARY ADJUSTMENTS
Continued
December 14 1970
MINUTES 7f223 Page 14
AB 443 Action Grant Encroachment Permit
REQUEST FOR ENCROACHMENT to Cable TV of Marin
PEID4IT, CABLE TV OF MARIN, INC By AB 443 of December 14, 1970, the City Engineer brought
before the council a request for an Encroachment Permit from the
City of Tiburon to install overhead CATV cable on the existing
pole line along and parallel to Tiburon Boulevard between
Trestle Glen and Rock Hill Road.
In response to a question by Sennett, the City Engineer advised
there will be no problem when undergrounding is begun in this
area.
Mr. Robert Pace of Cable TV spoke to the encroachment permit.
The Chair referred to a letter from Mayor Ed Dreschel of
Belvedere urging the council grant the permit.
It was moved by Becker, seconded by Ellinwood, to grant Cable
TV of Marin's request for an encroachment permit to install a
transmission line to serve the City of Belvedere. Motion
carried:
AYES: COUNCILHEN: Becker, Ellinwood 1 Rice
NOES: COUNCILMEN: Sennett
ABSENT: COUNCILMEN: Fanning
VI. EXECUTIVE SESSION
At 12:40 a.m., on the order of the Chair 1 the City Council
recessed into Executive Session.
VII. ADJOURNMENT
It being now the hour of 12:55 a.m., December 15,1970, and
there being no further business to corne before the council, the
Chair declared the meeting adjourned to Thursday, December 17,
1970, at 7:30 p.m.
, ~.
.~ ~ ~
{ /2.- -.."-;
~A, Acting C y C
App~oved by the City Council on:
} 197 L.
: BURON
December 14 1970
MINUTES tl223 Page 15
CITY COUNCIL
CITY OF TIBURON
I. CALL TO ORDER
An adjourned 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 17, 1970, in the City Hall Council
Chambers.
II. ROLL CALL
PRESENT: COUNCILMEN: Mayor Rice, Becker, Ellinwood, Fanning
Sennett
ABSENT: COUNCILMEN: None
EX OFFICIO: Robert Kleinert, Acting City Manager
Richard Breiner, Deputy City Attorney
Wayne Moody, Planning Director
Hellen K. Hecht, Minute Clerk
III. EXECUTIVE SESSION
At 7:37 p.m., on the order of the Chair, the City Council
recessed into Executive Session.
At 7:44 p.m., the council reconvened.
IV. ORDINARY BUSINESS OF THE COUNCIL
AB 452 Action: Adopted Resolution No. 328
Railroad Right-of-Way authopizing filing of BUD
Acquisition Report - Application.
HUD Application
The Chair introduced AB 452 of December 17, 1970, containing a
resolution of the City of Tiburon authorizing the filing of
application with the Department of Housing and Urban Development
for a grant to acquire and/or develop land, namely, the
abandoned NWP railroad right-of-way adja~ent to Richardson Bay
and Tiburon Boulevard between the old tunnel near Trestle
Glen goulevard and downtown Tiburon, for open space purposes.
The Acting City Manager furnished the council with copies of
a 34-page application fo~ a grant to acquire and develop
land for open space purposes.
Motion of Fanning, seconded by Sennett, to adopt Resolution 328,
carried: All Ayes.
The Chair commended the staff on its superlative effort in
preparing the report in a very short time.
AB 446 Action: Accepted pepopt and
TIBURON CROSSING REPORT continued mattep to l2/28/70
By AB 446 of December 17, 1970, the Parks and Recreation Com-
mission furnished the council with copies of the Joint Balanced
Transportation Study Committee 'report dated December 7, 1970,
relating to what must be done and the costs involved in the
projects for developing, improving and utilizing the railroad
right-of-way.
Sennett urged immediate action be taken on the suggestion in
the report that the National Guard be asked to blacktop the
right-of-way on their work assignment program. The Chair
directed staff to contact the Santa Venetia National Guard and
December 17 1970
MINUTES #224 Page 1
MINUTES
11224
., " .
December 17
Page 2
It
being now
the hour of 8
15
p
ADJOURNMENT
--
December
.m
17
1970
,
and there
1970
VI
Fanning objected to the action taken on December 17, in his
absence, granting Cable TV of Marin the encroachment permit to
install a transmission line to serve the City of Belvedere. He
suggested the council, if they examined the size of the trans-
mission line, would also oppose it, and asked that this matter
be brought back on the agenda on December 28th in order that
he could introduce a motion to reconsider. The Chair so directed
Encroachment Permit
With the consent of the Council, the Chair directed the Public
Works Department, under the direction of the Acting City Manager
do whatever necessary to assist Callister in constructing the
bridges. The Chair directed the balance of this matter continued
to December 28.
In order that the Superintendent of Public tvorks can begin work
in the railroad yard, Ellinwood reported on the following:
(1) Callister will design the bridges for the railroad yard pro-
vided that they can use city equipment to.move railroad ties
to the three places the bridges will be constructed; (2) the
pump is in, but in order to safeguard the children, she requested
the amount of $150 be appropriated to construct a chain link
fence on either side of the berm; (3) she requested $120 be
allocated for seeking the area of the ditch.
Cable TV of Marin
Railroad Yard
Hark
V
After discussion by the council, it was moved by Fanning,
seconded by Ellinwood, that the contract be amended to read
Lieutenant rather than Captain, and that the council request
to the county that Sgt. Mecchi be advanced to the rank of
Lieutenant. Motion carried: All Ayes.
QUESTIONS
By AB 450 of December 17, 1970, the Acting City Manager brought
before the council the proposal that the county services contract
be amended to provide for the rank of a Lieutenant-in-charge
rather than that of a Captain as now exists. Captain William
Johansen having been reassigned, it was recommended that Sgt.
Angelo Mecchi be advanced to the r~nk of Lieutenant-in-Charge
of the Tiburon Police Services Department.
AB 450
POLICE SERVICES
OFFICER-IN-CHARGE
Recommended contract be
amended~ and Sergeant be
advanced to rank of Lieutenant.
Action
With respect to cost estimates in the report, Sennett questioned
whether there were sources of funding other than the General Tax
Fund, and suggested Gas Tax or Traffic Safety Fund be considered
He strongly concurred with the proposal in the report that the
cost be shared by some other entity other than the City of Tiburon
The Chair directed this matter continued to December 28
In response to a question by Mr. Donald Loomis
the right-of-way is sufficiently a part of the
meet the Hun requirements for funding.
the Chair stated
General P:Fan to
indicate Tiburon's interest in their doing this work as soon as
the rains cease. Sennett suggested this be coordinated with
Mr. Loomis and Mrs. Polly Smith of Parks and Recreation.
being no further business to come before the council the Chair
declared the meeting adjourned sine die. ~
~ ~ ! ~anager
<:
~
.ng
by the on:
-
TY OF TIBURON
December 17 1970
MINUTES 7'1224 Page 3
BALA & STRANDCjAARD
CIVIL AND STRUCTURAL ENC,INEERS
. fl .. ~, (
: J! r.; Y f- .:; 271 MILLER AVENUE, r. O. BOX 780, MILL VALLEY, CALIF. 94941
r iTY nf- T'f":li' TELEPHONE 383 - 4533
May 25, 1970
Mr. Clancy Becker
Environmental Stracture., Inc.
529 Commercial Stre.t
San Franciaco, California 94104
Re: R.sidential Property of
Mr. and Mr.. Ralph Noah
No. 6 Rolling Bill. Road
A..e.eor'. Parcel'Ro. 58-111-10
Tiburon, C.litorn~.
Dear Mr. Becker,
Following your request of May 20, 1970, I in8peeted the
referenced property on May 21, 1970, in order to evaluate
the g8o-technical .uitability of the lot for the propo.ed
r..idential struoture. and aince the lot i. on a st..p
hill.ide, to evaluate the general stability of the land.
The lot slopes dawn fro. Rolling Billa Road with . gradient
varying from relatively flat, 1 vertical to 4 hor1sontal,
on . -bench," adjacent to and below the road fill, to
me~.r.tely steep, 1 vertical to 1 1/2 or 2 horizontal, to
quit. .,.t..p with 810pe8 of 1 vertical to 1 horizontal and
.t.~r. The entire hill.ide i. now covered with natural
".,.tatlon. which CODai.. of gr..... and what appeus to be
California oak. on the lower, .te.p portion of th. lot.
Prior to mr examination, 6 bol.. had been drilled by Hillside
Drilling Company. The hole. had been covered with plywood
.h..t., hut the material fro. the drilling va. lying around
the bole. and therefore ...ilable for inspection. No 109 of
the drilling ha. been _de available, but in accordance with
\J your information, with the _c:eption of 1 bole at. the .outh-
""stull' corner of tJut lot vb... rock wa. hit at a depth of.
5 to 6.. f..t, tIl. 5 other hol.. vere drilled to the 4..~h
10..11)1. !Jrtlle ri9, 20 teet, vidao\lt ...ting hard roek. v
~. 1. e.idence in the drilled-up .a~.rial that a 80ft,
~aed. 9r..ni.~' rock (..J:peDtin.?) was eneount.red Dear
.__ bot~ in aOMof the hol.... Th. overburden ..... to
'jt:-illt of sandy .oUa with a liait4MS aJIIOunt of clay. .0 fr_
.:. t4tr va. found in any of the hol...
CITY COUNCIL
CITY OF TIBURON
I. CALL TO ORDER
Notice of special meeting having been duly issued, the meeting of the City
Council, City of Tiburon, State of California, was called to order by' Mayor
Denis T. Rice at 7:10 p.m. December 22, 1970, in the City Hall Council Chambers
II. ROLL CALL
PRESENT: COUNCILMEN: Mayor Rice, Fanning,Sennett, Becker(7:l2)
Ellinwood (7:16)
ABSENT: COUNCILMEN: None
EX OFFICIO: Robert L. Kleinert, Acting City Manager
Louise Mirata, Acting City Clerk
Richard H. Breiner, Deputy City Attorney
III. SPECIAL BUSINESS OF THE COUNCIL
RAILROAD RIGHT-OF-WAY ACQUISITION
FROM NWP BY QUITCLAIM DEED
The Chair announced that arrangements have just been completed for the
acquisition of the entire railroad right-of-way from Reed Ranch Road to
Mar West Street and read the folloWing prepared statement:
"First, the City has agreed to purchase from Northwestern Pacific
Railroad Co., substantially all that portion of the right of way
bearing an A-2 zoning for a price of $100,000. $50,000 is payable
immediately, and tha balance of $50,000 is payable without interest
on or before December 31, 1971. Es~row will close, and a quitclaim
deed from the Railroad covering the purchased land will be delivered
to the City, by December 31, 1970.
Second, the Railroad is in process of making a gift to the City of
a deed to the entirexemaining portion of the right of way to Mar
West Street. This gift will be consummated shortly after January 1,
1971, at which time the City's pending condemnation suit will be
dismissed.
Tonight, the Council is adopting resolutions to authorize the purchase,
the opening of escrow, and the release of funds. Next month, the
Council will move forward on plans to improve the property for pedestrian
and bicycle use. Because the purchase price of the $100,000 strip
is payable in two separate fiscal years, without interest, the City will
be able to fund this acquisition from its accrued land acquisition fund,
which presently totals $85,000 and from the normal addition to that
fund which would be made in next year's budget. We also note that the
Federal Department of Housing and Urban Development is in receipt of
Tiburon's application for $70,600 in Federal funds, which, if g~anted,
wodld help fund half the cost of acquisition and estimated improvements "
The Chair introduced Resolution # 329 entitled RESOLUTION OF THE CITY COUN~IL
OF THE CITY OF TIBURON AUTHORIZING EXECTUION OF ESCROW INSTRUCTIONS and read
the resolution in its entirety.
Ellinwood requested a correction by. having"'Acting" inserted before City'C1erk
and the City Attorney stated that the worCl"Special" be substituted for the
word "Regular" before rhe"Wo:rH meeting.
Xhere being no further changes Fanning.moved. that Resolution #329 be adopted
with the corrections seconded by Becker. Motion carried unanimously.
AYES: COUNCIIlMEN: Becker, E~linwood Fanning, Sennett, Rice
NOES: COUNCILMEN: None
ABSENT COUNCILMEN: None
December 22, 1970
MINUTES =II 225 Page 1
Ellinwood moved, seconded by Fanning that Staff be authorized to have
$50,000 transferred from the Land Acquisition Fund to the escrow account
Motion carried.
AYES: COUNC IlJvIEN : Becker, Ellinwood, Fanning, Sennett
Rice
NOES: COUNCILNEN: None
ABSENT: COUNCILHEN: None
S~nnett expressed the appreciation of the Council for the tremendous effort
put forth by those who helped to acquire the property, including Councilman
llranwel1 Fanning, who was mayor during much of the negotiations:: fOl:: .the,'land
He also recognized the efforts of Mrs. Bonnie Raisin, who was present and Mr
Larry E. Hoyt vice-president of Northwestern Pacific. He pointed out that
it was the excellent relationship by all through Mr. Hoyt with the railroad
that helped brinn about these results, and he hoped that the city will continue
with this.: "good relationsHip Ii .
FanninB remarked that now that the purchase of the right-of-way is assured,
we need additional funds to improve the property. He said that over the years
Belvedere and private citizens have made offers of assistance if we should be
able to acquire the land. 'rhat is now a reality and he e:{pressed the hope
that offers of assistance will become fact.
IV. ADJ:OUR~IENT
It now bein0 the hour of 7:27 p.m. December 22, 1970 and there being no further
business to come before this special session the Chair declared the meeting
adjourned sine die.
~')
-_/ ~ r .
-' /' '[{f~~
/ /
--- ." L-L- ~:.....>
. MIRATA ACTING CITY CLERK
the City counCi~
' 19J
---.J
~
December
MINUTES 11 225 Page 2
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., December 28, 1970, in the City Hall Council Chambers
II. ROLL CALL
PRESENT: COUNCILMEN: Meyor Rice, Decker (7:50), Ellinwood,
Fanning, Sennett
ABSENT: COUNCILMEN: None
EX OFFICIO: Robert L. Kleinert, Acting City Manager
Louise Mirata, Acting City Clerk
Richard Breiner, Deputy City Attorney
Ray W. Forenker, Jr., City Engineer
Phil V. Scott, Development Administrator
Louis V. Brunini, Superintendent of
Public Works
Hellen K. Hecht, Minute Clerk
~II. APPROVAL OF MINUTES
---- ... J
No. 223 Action: Continued.
No. 224 ----_.--
No. 225
IV. CONSENT CALENDAR
-----.:------..----------:- ._--...-.--....
Re AB 447 pertaining to reimbursement of dinner expense for city
employees living outside of the Tiburon Peninsula on the nights
they are required to attend City Councilor Commission meetings,
the Chair directed this ID3tter retronctive to December 14, and
directed employees submit their cash receipts to the Acting City
Clerk for reimbursement.
After remanding certain items froo the Consent Calendar to the
General Calendar, there be7.:Jg no objection, the Chair declared the
Consent Calendar, consisting of the following items, adopted:
AB 454 - STREET NAl'1E CHANGE, Phyll is Court,
Phyllis Drive, Resolution
AB 447 - DINNER ALLOWANCE FOR NON-RESID~NT CITY EMPLOYEES
- CITY ENGINEER'S REPORT for November 1970
- DEPARTMENT OF PUBLIC WORKS REPORT, November 1970
- DEPARTMENT OF URBAN DEVELOPHENT REPORT, November 1970
y.. ORDINARY BUSINESS OF THE COUNCIL
AB 455 Action: Original Encroachment
RECONSIDERATION OF -.....---- Permit Rescinded - Revised
ENCROACHMENT PERMIT Permit Granted.
GRANTED TO CABLE TV OF MARIN
On December 14, 1970, Cnb1e TV of Marin was granted an encroachment
permit to install a transmission line to serve the City of
Belvedere.
At the request of Fanning, who was absent on December 14, this
matter was returned to council for reconsideration of their
apptoval of the encro~chment permit granted to Cable TV of Marin
December 28. 1970
MiNUTES 1!226 Page 1
I-~INUTES
1122G
Decetr.b~~ 28
Page 2
1970
Mr. Ralph Noah is appealing a decision of the Board of Adjust-
ments to deny a ~ari~nce to encroach upon th9 required front
yard with a parkin3 deck at 6 Rolling Hills Road. The Chair
AB 445
APPEAL FROM DSCISIO~1 OF BOARD
OF ADJUSTMENTS DZI:JYIH:i VARIANCE
6 ROLLING HILLS ROAD
Ralph Noah, applicant
Appeal for Variance
Denied
AYES
NOES:
ABSENT
COUNC ILHE~l :
COUNCILNEN:
COUnCILHEn:
FnnnirJ.g
B~cker,
None
Action:
~ .-
Rice, Sennett
Ell ir..~.Jood
Question was
At the request of the Superintendent of Public l~orks, Sennett
amended his motion, with the approval of the seconder, to include
the council is rescinding Pernit no. 278 gr~nted to Cable TV of
Marin.
cf!llecl
and
the
motion
as
Amended
carried
The City Engineer cdvised he has heard no plans discussed for
the right-of-~ay ~ith which the cable woul~ interfere, and in
regard to th~ p=oposed transverse dr3inage crossing from Pine
Terrace, Mr. Pace stated ~his could be \vorked out by putting up
temporary poles to string the line overhead. In response to a
question by Sennett, the D2puty City Attorney edvised an encroach-
ment pe~mit is revokable nt the request of the city.
Becker objected ~o qny measu
the railroad risht-of~way.
:~e that
Sennett nccepted Ellir.:~'}ood 's ar-19ndrr.'::?nt that the
there should be 2n encroachment for unde~8rouDd
the rnilrosd right~of~way.
starts
to fix
motion include
construction on
land uses on
It was movzd by S~nnett, seconded by Fanning, that the application
for encro:Jch:nent permit dt1.ted Novemb8:: 4, 1970, be denied, but
that the staff be directed to grant an encroacbment permit over
those parts of t~~ rnilro~d right-of-WAY ~hich are Required by
the city, as S003 ~c they are, in fact, acquired.
Fanning,
motion.
"{-lith t:'H~
Mr. Robert Pace of Cable TV of Marin exhibited a piece of cable
1/2.'1 in di~n2tcr, which would hang from a quarter-inch wire rope
on the poles. Ile spo~~e D.sninst undergrounding cnd advised he had
been refused permission by the railroad to go down the railroad
r ight-of-wny, but in vie:} of the city's recently acquired owner-
ship of the right-of-way, this would be a possibility at this
time. In responDe to a ql~cstion by 1:::. Pace, the City Engineer
stated the city 'tvould request the cable b~ buried 30 inches.
per!uissj.on
of the seconder
1:.]ithdrew
his
It was moved by F&nning, seconded by Sennett, that the applicant
be granted permission to cross the City of Tiburon to reach his
customers in Belvedere, cnd that this should be underground
Motion of Fanning, seconded by Sennett,
the previous action of the City Council
Resolution 443, carried on a voice vote
thct the council reconsider
adopting the matter on
All Ayes.
Fanning stated he had asked this m3tter be reconsidered in view
of the city's policy th3t all future lines are to go underground
He recommended the alternatives of Cable TV using the conduits
along Tiburon Boulevard or using the railro~d right-of-way.
l(INUTES
11226
Decerr.bp~ 28
Page 2
1970
Mr. Ralph Noah is appealing a decision of the Board of Adjust-
ments to deny a vnri~nce to encroach upon th~ required front
yard with a parkin3 dec~.~ at 6 Rolling Hills Road. The Chair
AB 445
APPEAL FROM DSCISIO~1 OF BOARD
OF ADJUSTMENTS DENYIn~ VARIANCE
6 ROLLING HILLS ROAD
Ralph Noah, applicant
Appeal for Variance
Denied
AYES
NOES:
ABSENT
COUNCIL!-1E~l :
COUNCILHEN:
coune ILHE:.1 :
FnnnirLg
E~cker,
None
Action
Rice, Sennett
Ellir..':>Jood
Question was
At the request of the Superintendent of Public 1Qorks, Sennett
a mended his motion, vlith the approval of the seconder, to include
the council is rescinding Pernit no. 278 gr~nted to Cable TV of
Marin.
cnlled
end
the
motion
as
Amended
carried
The City Engineer cdvised he has heard no plans discussed for
the right-of-";'7t~y -:'7ith which tbe cable would interfere, and in
regard to th~ p::oposed trans'\"erse dr3inagOe crossing from Pine
Terrace, Yr. Pace stated ~hio could b~ ~10rked out by putting up
temporary poles to string the line overhead. In response to a
question by Sennett, the D2puty City Attorney cdvised an encroach-
ment pe=mit is revokable at the request of the city.
Becker objected ~o qny mensu
the railr03d risht-of~way.
~~e that
Sennett accepted Ellin~ood's a8~ndrr9nt that the
there should be 2n encroachment for unde~8rouDd
the railrosd right-af-way.
starts to fix
motion include
construction on
land uses
on
It was moved by S~nnett, seconded by Fanning, that the application
for encro&ch~~nt permit cl~ted Novemb8~ 4, 1970, be denied, but
that the staff be directed to grant an encroacbment permit over
those parts of t~~ rnilro~d right-of-~~y ~hich are Required by
the city, as S003 ~c they are, in fact, acquired.
Fanning
motion.
,
Mr. Robert Pace of Cable TV of Marin exhibited a piece of cable
1/2;1 in di~n2tcr, ":vhich would hang from a quarter-inch wire rope
on the poles. lIe spo~:e c:J.gninst undel'grounding nnd advised he had
been refused permission by the railrond to go down the railroad
right-of-wny, but in vieu of the city's :recently acquired owner-
ship of the right-of-way, this would be a possibility at this
time. In reSpOnDG to a ql:.:stion by 1:::. Pe.ce, the City Engineer
stated the city would request the cable be buried 30 inches.
~.lith t:'H~
per!nission
of the
seconder
1:.]ithdrew
his
It was moved by F~nning, seconded by Sennett, that the applicant
be granted permission to cross the City of Tiburon to reach his
customers in Belvedere, end that this should be underground
Motion of Fanning, seconded by Sennett,
the previous action of the City Council
Resolution 443, carried on a voice vote
that the council reconsider
adopting the matter on
All Ayes.
Fanning stated he had asked this matter be reconsidered in view
of the city's policy that all future lines are to go underground
He recommended the alternatives of Cable TV using the conduits
along Tiburon Boulevard or using the railro~d right-of-way.
.j
I
I. ;
i . f' " '.: . ! . I: :..:.
~, opy TO B~. A;TTACHEP. TO., MINUTE S:
~n 'REF~RE~CELTO AB 4415
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11226
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~.lINTJTES
1!226
December 26
Page 3
A recess
9:17 p.rn
was tAk~n at 9:10 p
th~ ~oll stQndin~
m.
,']8
th~ council reconvening at
originnlly tuken.
1970
RECESS
-...-.........--.....
The Chair directed the report accepted. In regard to the
Acting City M~n3ge~rG third recoffiQendation, the Chair directed
a letter be uritten to the San Rafael National Guard Engineering
Unit 2pplying for ~~sistance in the overall development of this
project. He directed the w3tte~s of the timing~ the funding
and the prio~itics within the recomm'2ndations of the Parks and
Recreation Commission bG referred to the Lands ~nd Development
Committee, to be brought b~cl: to council. At the suggestion of
Sennett, he ap-::-)ointed Ci.n <ld hoc comm:tttee of himself and Becker,
together with Don Loomis ~nd the Acting City Manager, to meet with
Mr. Alan Hart of t:~8 State Division of High'\'7ays, to discuss the
possibility of ::::cquiring funds from the St..-lte Division of Highways
In response to a qusGtion by l:'~~;:S G Donnj.e Rai.sin, Hrs. Jan
Whitescarver st.::lt~~d the Reed Union School District had not
discussed this 'report to 0::-~e but will take it up at their
January 12th meeting.
In response to [1 r-.nesti.on
Recrea t ion Com'11:ts s :i_on. the
council at tilis tim2 1.5 the
by Dr. Georg8 Ellman of the Parks
Chair stated th~ ffi8in concern of
crossin~ situation.
and
the
Sennett commended the
report he prep~red on
l\ctinS1 City l:a~Rge!:'
~uch sno~t notlce
for
The City Gounc~l ~ecejved the Ti~uron Crossing Report from the
Parks and Re~::.c~H:jJ)i..l C0i.Tl~nt8sion, togeth2r with the recommenda-
t ions of the L~...C-l: ing Cit~~ HAna3c~: in re8aY-'d to the funding
sources for the proposed Tiburon crossings
the excellent
AB 4l~6
TIBURO~~
CROSSli.:G REPORT
Report accepted by
Council and Ad Hoc
COlli~itte2 appointed
Action:
-_._- .------
The Chair also cOffi22nj2d st2ff for
agreed it ~ns up to the h02eowne~r
the City Coues.
th~
and
ir presentation and
the designer to meet
Ellinwood stated in
of staff to do th~
on their excellent
he:::::- op inion it ShOl1ld
T,~O-;"'P 0';= t11~ ':,pp'li f""3-n"-
,'_..... __ 1.1,,;; "'_..:' __...... ..j.....,
p::.2Gcn~ation.
not be the responsibility
and cO~ilended the staff
In response to a question by M~. John Beatty, the Chair advised
it had been dctermin2G th~ carport could b~ built without a
variance, but the ~pplicQnt ~vould still be required to meet the
I5-foot sideyard sctback8~ which could be done.
There being no objection, the Ch~ir directed, with general
consent, that the appeal be denied on the basiD that a scheme
basically mectin8 the descJ::'iptioi..1 in SChell.l~ C, as presented,
Xerox copy of which is 2ttc:1ched Gnd incorporated into the
records, would comply vJith the City Zoning Ordinance.
a
The Development Administrator presented sketches on the over-
head projector showing three possible ways the structure could
be built without a variance, all of the schemes showing the
present height of the building~
stated this matte~ hed been continued from
mine whether the applicant could construct
property without ~ variance.
December 14 to deter-
Cl carport on his
AYES
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEP
f1INUTES
B'~cker, Fanning
Ellin~vood
None
11226
Sennett
December 28
Page 4
1970
n.ice
5. De~ds for sale of each unit shall provide that
rlO'-tence"s-~-:;r--' --
Motion carried
It was moved by Sennett, seconded by
resolution by changing Condition No.
Becker, to amend the
5 to read
'NOH, TaEREFORE, BE IT RESOLVED: The City Council does
hereby approve said subdivision, subject to the following
condition[; :"
It was moved by Sennett, seconded by Becker, to adopt Resolution
No. 330, A RESOLUTION OF THE CITY COUNCIL APPROVING THE
NORTHHILL TOWffiIOUSE SUBDIVISION, A RESUBDIVISION OF LOT 19,
RED HILL UNIT 2, r8vising Planning Commission Resolution No
99 by changing paragraph 4 to read
In response to a question by Ellinwood, Mr. Leonard Cahn, the
applicant, stRted soils studies have already been made of the
area by Cooper-Clark, including the drainage system and the depth
of the borings
Mr. Kenneth
stated they
resolution..
Frost,
had no
Civil Engineer, spoke to the application,
objections to the conditions listed in the
and
The City Council re~eived the application for a Tentative
Subdivision Map for the Northhill townhouses, with the
recommendation from the Planning Commission that the Tentative
Map be approved subject to conditions outlined in Planning
Commission Resolution No. 99. .
AB 453
TENTATIVE S~JI)DIVlSIO~J ML\P
NORTHHILL TO~\1N~iOnSES
Leonard Cahn, ap?licant
Resolution No. 330
adopted as amended
AYES:
N OE S :
ABSENT
COUNCILHEN
CO~Jr\!CILVEN
COUNCILHEN
Action:
- "'----
Becke~, Fanning
:s 11 in":"7ood
lJone
Rice
Sennett
Question
Ellinwood objected to requesting Belvedere share
as they are so minim~l, and also urged the motion
bridges as built by the Public 1iorks Department.
'tAl C1 S
called
t3.nd
the
motion carried
in the costs
refer to the
It was moved by Fanning, seconded by Becker, that the council adopt
the report and authorize the work to proceed, and that Belvedere
be requested to co~tribute their normal percentage. The Super-
intendent of Public Works requested they be allowed to use barb-
wire fencing, which would be more effective than cyclone fencing
to keep children aW3y from the area. Fanning agreed to accept
the amendment that the Superintendent of Public Works could use
his discretion in regard to the fencing.
The Acting City Msnager requested the
posting the area for safety purposes~
aesthetics and erosion prevention.
City consider fencing and
and seeding the berm for
The City Council received the report of the Acting City Manager
on the joint Bclvedcre-Tiburon drainage canal improvements.
The Acting City Manager showed slides of the new pump installed,
the footbridges, and the hydromulched area on the Mar West Slide
AB 456
JOINT BELVEDERE-TIBURON
DRAINAGE CANAL IMPROVEMENTS
Action:
--
Report accepted and
authorization for improve-
ments granted by Council
MINUTES
11226
December 28
Page 5
,
Sennett recommended the council receive the recommendation on the
question of whether the city should abandon the non-access strip,
the consensus of the Public Services Committee being they recom-
mend the city not abandon the non-access strip. He further
recommended Mr. Heath be required to go through the processes of
filing a parcel map, and observe the three conditions outlined
by Ellinwood, and at such time as he is in compliance, then he
can qualify for the new solutiono
1970
3
Posting of an
Posting a cash de osit determined at the time
filing, the amount the City Engineer eels is
necessary for completion of Porto Marino Irive
extension across the full width of the rt
frontag~o
s
2
of
1
Ellinwood stated since the preparation of the Agenda Bill of
December 28, the Planning Director had revised recommendations
in this matter. She made the following changes to the recom-
mendations in the agenda bill
Irrevocable offer of dedication
The City Council received the report of the Planning Director
on the acceptance of public right-of-way and abandonment of
non-access strip on Porto Marino Drive, which had been referred
to the Public Services Committee and Mr. Heath had submitted an
alternate offer in this matter.
AB 306
ACCEPTANCE OF PUBLIC RIGHT-OF-WAY
AND ABANDONMENT OF NON-ACCESS
STRIP, PORTO MARINO DRIVE
Report of Planning
Director accepted with
revised recommendations
AYES
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
Becker,
Fanning
None
Action
Ellinwood
Question was now called on the motion
as amended, and the motion carried:
Rice
Sennett
There being no objection,
declared the word 'lshallif
substituted in paragraph
to adopt
the Chair, by unanimous consent
stricken and the word "shouldH
4 of the resolutiono
Resolution 330
,
AYES
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCILMEN
Becker, Fanning
Ellinwood
None
Rice
Sennett
Question was called and
Deeds for sale of each unit shall provide
(a) that no fences shall be constructed
along the side or rear property lines or within
the rear of the lots, and (b) that the landscap-
ing in the rear yards as shown on the Tentative
Subdivision Map be maintained by the owners.n
the
motion carried
,;rs
With the consent of Becker and the seconaer, Ellinwood amended
the condition to include :J(a);' and :~(b)," paragraph 5 therefore
reading:
It was moved by Becker, seconded by Sennett, to further amend
Condition 5 of the resolution to include at the end of the
paragraph, :?and that the landscaping in the rear yards as shown
on the Tentative Subdivision Map be maintained by the owners. "
Mr. Ca r 1 Do Cammarata advised he has purchased a six-month option
from Mr. Heath and he was very interested in the outcome of this
matter, and requested council reach a decision on this tonight.
It was moved by Ellinwood, seconded by Sennett, that a fourth
point be added to the three conditions listed in the report of the
Planning Director, Agenda Bill 306, under date of December 14,
which would read:
Jt4. The City shall, when the above conditions are met,
grant an easement over the non-access strip for
this one parcel if it is necessary for ingress and
egress to the property 0 "1
Conditions 1 and 2 are to be changed as noted, and condition 3 to
remain unchanged.
Question was called and the motion carried:
AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Sennett
NOES: COUNCILMEN: Rice
ABSENT: COUNCILMEN: None
AB 333 Action: Public Services Committee
PARADISE DRIVE WALKWAY Report received and $2000
appropriated for retention
- . . of architect to design
Paradise Drive Walkway
Ellinwood presented the report of the Public Services Committee
in the matter of the Paradise Drive walkway.
It was moved and seconded by the Public Services Committee that
a sum not to exceed $2,000 be appropriated for the retention of
a firm to design the Paradise Drive walkway from the intersection
of Main Street and Paradise Drive to Solano.
At the request of Rice, Ellinwood amended her motion to read the
Paradise Drive realignment and widening project, 70-P-4.
Sennett urged the architects hired be familiarized with the
problems observed and be requested to offer solutions to an
extremely difficult problem. He requested they explore the
possibility of going on the high side of Paradise Drive.
Question was called and the motion carried:
AYES: COUNCILMEN: Becker, Ellinwood, Rice, Sennett
NOES: COUNCILMEN: Fanning
ABSENT: COUNCILMEN: None
Fanning stated in his opinion the city has a downtown plan
and the City Engineer is capable of doing this work.
AB 449 Action: Report accepted and
RECOMMENDATIONS FOR salary adjustments approved
1970-71 MID-YEAR effec.tive Jan. 1, 1971.
SALARY REVIElv
The Council recieved the report from the Committee on Finance and
Administration on the 1970-71 Mid-Year Salary Adjustments.
It was moved and seconded by the Committee on Finance and
Administration to accept the report, and to make the adjustments
effective January 1, 1971. Motion carried: All Ayes.
December 28 1970
MINUTES 11226 Page 6
VI. EXECUTIVE SESSION
At 11:25 p.m. on the order of the Chair, the City Council
recessed into Executive Session.
The council reconvened at 11:35 p.m., at which time Sennett
left the meeting due to illness.
VII. ITEMS NOT ON THE AGENDA
PG&E Undergrounding of
Street Light Poles
The Chair stated Mr. Richard Conrad of FG&E had requested an
extension of 2 months and 11 days for the completion of under-
grounding the street light poles on Tiburon Boulevard from
Beach Street to Main Street.
Mr. Conrad of PG&E spoke to the request, and explained the reasons
necessitating the request for the extension were (1) the fact that
the final resolution which included the exceptions requested by
PG&E was not adopted until October 13; (2) engineering difficulties
due to the high water t~ble; (3) the street light decision, which
was not decided upon by the city until October 22; (4) the
original request by the Tiburon Fire Department to share the
trench, which was later withdrawn; (5) and the rainy weather.
The Chair directed this matter referred to the Finance and
Administration Committee in order that they reexamine all of
the ramifications, including the possibility of initiating a
complaint proceeding on the amount of money involved in
undergrounding.
Va ORDINARY BUSINESS OF THE COUNCIL
AB 444
REPLACE CURB AND GUTTER,
680 HILARY DRIVE
Continued.
AB 451
MILL VALLEY REFUSE SERVICE, INCo -
AMENDED CONTRACT REPORT
Continued.
STATUS OF HEARING DATES
There being no objection, the Chair declared the Status
and Setting of Hearing Dates, as prepared by the Planning
Director on December 14, 1970, adopted. The following dates
were approved:
Amend Fee Schedule - January 11
Final Map, Deak & Co. - January 11
Nuisance Abatement, Noah (Report) - January 25
VIII. QUESTIONS
Title Report, Upper Racoon Lane
The Deputy City Atto~ney questioned ~vhether the city wished to
expend the amount of $300 necessary to order a title report on
Upper Racoon Lane, as requested at the last meeting. There
being no objection, the Chair approved the expenditure of
$300, and directed the City Attorney's office to order the
title report. 1970
December 28
MINUTES #226 Page 7
MINUTES
#226
December 28
Page 8
I BuiWl\J
on
1971
It being now the hour of 12:04 a.m
there being no further business to
Chair declared the Q~eting adjourn
January 5, 1971
, December 29, 1970, and
come before the council, the
d to Execut~ ~eSSio~.on
-~ .:0t( ~~a~.
TA, Acting City Clerk
1970
:x
Ellinwood requested th2 Acting City Manager be directed to
communicate i-Jith P.ange:: Huddleston indicating the council's
appreciCltion and unanimous approval of the beautiful Christmas
tree on top of Mount Livermore.
ADJOURNMENT
Christmas
The Chai~ indic2tcd th~ council would be reiuctant to grant a
use permit in this re~~rd as it is not in the downtown plan. He
directed the Acting City l1anager write a letter setting forth
the concerns of the council, and if they are willing to conform
to basic requirements, including the provision this use permit
could be revoked in 30 days, the council would consider amending
the 20ni26 Ordinance for this particular action on a temporary
basis. Tne co~ncil requested the proposed plans for ingress and
egress and traffic projections be obtained from Ranger Huddleston.
Tree
~n ~ou_~t Livermo~e~_Angel Island
The Acting City Manager stated Ranger Huddleston of Angel
Island requested permission to use the railroad docking facility
for their l~rge boat they 3re purchasing for pickup and delivery
service of scheol child~en and supplies between Angel Island
and TibuTon. They \vould be willing to make the necessary
improvements to the docking facility.
Use of Railroad Pocking Facil
Angel Island Do--:::~~____
ity by
There being no objection, with consent of council, the Chair
directed the staf~ purcn3se this machine on lease option.
The Acting City M3t'.ag9r requested the council approve the
expenditure for the sc~nnGr machineo The Acting City Clerk
explained t~1.C functions of the machine. She stated if the machine
is purchased prior to Janua~y 1, 1971, the city has an option to
buy it at 01900 pIns c....i18L; I:a,: ~ but after January 1 the cost
will be $2300. Th~ ffi3chinc can be purchased on lease-purchase
plan with the Bank of .::\.tr..2rica at $30 a month~ and the money is
budgeted
Scanner
In response to Q question by
stated monthly police repo~ts
near future for the council.
!1ach~ne~JYt__Ges~t~
Fanning, the Acting City Manager
~ill again be prepared in the
Monthly Police~~~po~ts
The Chair furth2r directed the matter of the amendment of the
City Code for mid-year salary review be placed on the agenda
for discussion ~nd preliminary action at the next meeting.
The Chair directed staff to prepare a resolution reflecting the
action taken tonight in regard to the mid-year salary adjustments
made, as set forth in Ag~ndD nill 449
Mid-Year Salary
Adj ustin;n~