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HomeMy WebLinkAboutTC Min 1974 (October thru December) CITY OF TIBURON CITY COUNCIL MEETING I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of California was called to order by Mayor Ararnburu at 7:42 p.m., October IS, 1974, in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Ararnburu, Ellman, Ro s s , Tayer, Littman (8 p.m.) ABSENT: COUNCILMEN: None EX OFFICIO: Robert E. Fosnot, Acting City Manager/Director of Community Development Robert I. Conn, City Attorney Stan Bala, City Engineer Louis Brunini, Superintendent of Public Works Maurice Lafferty, Police Chief Stanford Lichlyter, Administrative Assistant Terry Condy, Minute Clerk III. APPROVAL OF MINUTES Minutes No. 363 - Spelling correction of "Eiler" Foss, page 2 On motion of Ellman, seconded by Tayer, Minutes No. 363 were unanimously approved as corrected. The Chair noted there had been five complaints to City Staff in regard to the use of the tennis courts for the tennis tournament. In response to a question from the Chair, the Superintendent of Public Works stated that the fountain at the tennis courts had been vandalized and would be repaired as soon as the necessary parts were received. In response to a question from the Chair, Parks & Recreation Commissioner Gomez stated that the P & R Commission would consider the feasibility of a wind screen for the tennis courts at their next meeting. Minutes No. 364 - On motion of Ross, seconded by Tayer, and there being no objection, Hinutes No. 364 were unanimously approved. IV. CONSENT CALENDAR The Chair removed item A, RESOLUTION HONORING ANGELO MlRATA, from the Consent Calendar. The Chair read Resolution No. 681 which expressed deep and sincere appreciation of the City Council on behalf of the citizens of Tiburon for the devoted services of Angelo Mirata. Ms. Anne Ellinwood, via "the marvels of electronics", expressed appreciation to Angelo Mirata and presented him with a photograph album and a tape recording which depicted his retirement ceremonies. Mr. Mirata expressed his thanks to the Council and all those who participated in the retirement ceremonies. On motion of Ross, seconded by Tayer, and their being no objections, Resolution No. 681 was unanimously approved. The Chair removed item F, AYALA DAY 1974 REPORT, from the Consent Calendar. He noted the success of the Ayala Day CITY COUNCIL MINUTES NO. 365 October 15 1974 Page 1 October Page 2 CITY COUNCIL MINUTES NO Council discussed the merits of an exclusive bus lane which would encourage people to abandon the use of their cars and use mass transit. Littman moved that the City- County Planning Council's Resolution No. 74-8-1, REAFFIR- MATION OF CITY-COUNTY PLANNING COUNCIL'S POSITION REGARDING DESIGNATION OF EXCLUSIVE BUS LANES IN ALL HIGHWAY 101 WIDENING PROJECTS, be amended to limit"... exclusive bus use on commuter days...". Motion died for lack of a second. 365 15 1974 ENDORSEMENT OF EXCLUSIVE ON HIGHWAY 101 ACTION: Reaffirmed and modified B BUS LANES Chair directed that the item be continued for one month in order that the Parks & Recreation Commission might consider other suggestions. Mr. Clarence Bullard supported the name Heebner, which was in memory of Louise Heebner McCombie, who settled in the area almost 100 years ago. In response to a question from Tayer, the Acting City Manager and Administrative Assistant stated that naming the area Heebner Park was recommended by the Parks & Recreation Commission and there had been no other sugges- tions. Tayer stated he did not object to the proposed name, however expressed the opinion that when a park or a street is renamed, there should be publicity and sugges- tions solicited. Littman sugges~ed that since the area was well known as Hilarita, it should remain designated Hilarita D. C E G NAMING OF PARK AWARDING OF BIDS - CATCH BASINS at Blackfield and Los Altos, and Blackfield and Via San Fernando. DEVELOPMENT ADMINISTRATOR'S REPORT REQUESTING FROM THE STATE OF CALIFORNIA AN EXTENSION OF ONE YEAR FOR DEADLINE DATES FOR MANDATORY ELEMENTS OF THE GENERAL PLAN - Resolution No. 682. IN HILARITA AREA ACTION Continued On motion of Ellman, seconded by Ross consisting of the following items was the Consent Calendar unanimously approved: Tayer requested item D removed. NAMING OF PARK Littman requested item B, ON HIGHWAY 101 be removed IN HILARITA AREA be ENDORSEMENT OF EXCLUSIVE BUS LANES from the Consent Calendar. The Chair added item H, BELVERON MINI PARK - INVITATION TO SOLICIT BIDS. The Acting City Manager explained that the City Engineer had finished the final drawings for the Belveron Mini Park and Council was asked to authorize the solicitation of bids for landscaping, hydromulching and preliminary land- scaping. The City Engineer presented the final drawings to the Council. He also stated that the City should secure legal access to the property before the award of contract. The Director of Community Development stated that a Negative Declaration for the project would also be prepared stating there was no significant environmental impact to the area. celebration and thanked all those who had worked so hard to make it a success. In addition, he presented Certificates of Appreciation to CO-Chairwomen Pat Gomez and Mary Wilson for the excellent job they had done. October 15 Page 3 CITY COUNCIL MINUTES NO The Chair directed the Acting City Manager and staff to look into the matter and return to the next meeting with their recommendations. After further discussion, the Acting City Manager suggested that Councilman Auerbach address the Belvedere Council regarding a mutual sharing of expenses to solve the drainage problems. The Chair authorized the Acting City Manager to coordinate an effort to reach a solution. 365 1974 Clarence Bullard stated that the Lagoon Property Owners had sent a letter to TEA regarding the problem, and the Tiburon Ecumenical Association instructed the general contractor to respond to requests made by them. The Chair noted that Councilman Auerbach had been designated by the Belvedere City Council as their liaison to the Tiburon City Council. Belvedere City Council had asked that he try to seek a temporary solution to the Hilarita silting and drainage problem. The Tiburon City Engineer stated that the contractors of Hilarita have drainage facilities in but the large amount of excavation will erode and increase silting. The contractor has indicated that they have hydromulched the area and there is nothing in their contract dealing with silting problems. The City Engineer indicated he did not think the preventive measures were adequate and suggested additional temporary solutions would cost approximately $2,000/$3,000 Councilman Auerbach also referred to an existing drain which is commonly referred to as the Reed School drain which goes in the Lagoon. In the past this has caused serious problems to the Lagoon, and has been handled by the Belvedere Lagoon Property Owners Association. The Association was now asking for help and a long range solution to their problem Belvedere Councilman Charles Auerbach addressed the Council regarding Belvedere's concern over the anticipated drainage and silting problems to the Belvedere Lagoon as a result of the Hilarita construction. The Tiburon and Belvedere City Engineers had previously met and reached an acceptable solution to the problem. Councilman Auerbach requested that the Tiburon City Council join Belvedere in developing and funding a joint solution. HILARITA SILTING PROBLEM v. The Chair suggested that the motion be amended to add there is concern that the bus lanes would be inactive during the weekend non-commute hours and some considera- tion should be given for use by private autos or increased recreational schedules. Ellman accepted amendment. Motion was seconded by Ross and unanimously passed. PUBLIC QUESTIONS & COMMENTS After further Council discussion, Ellman moved that the City Manager write a letter over the Mayor's signature reaffirming our support for this plan and suggesting that further planning is required regarding weekend recreational traffic. Littman requested that his minority view be noted. Littman endorsed the concept for weekdays but expressed concern that people would continue to use their cars on weekends and the result would be increased traffic congestion. Regarding the Reed School silting problem, the City Engineer stated that there used to be a joint Flood Control Committee with Belvedere. The Hudis Plan was adopted in principle but no agreement was ever reached. The Council indicated they were willing to continue to discuss these two problems with Belvedere City Council. ABAG - Councilman Ellman requested the council to review the working draft of ABAG's Regional Housing Plan and he would forward their comments to ABAG. TENNIS COURTS The Chair requested that the Parks & Recreation Commission consider allowing non-resident City staff to use the tennis courts. RE CE S S A recess was taken at 9:10 p.m., the Council reconvening at 9: 20 p.m., the roll standing as previously noted. VI. PUBLIC HEARINGS 1. ORDINANCE AMENDING SECTION 11-1 ACTION: Continued OF ORDINANCE NO. 9 N.S. FILE NO: 97403 (providing ero.sion control and screening, maintenance bonds) Ordinance, 1st reading The Acting City Manager introduced the item to the Council and explained that the Planning Commission's intent was to focus on erosion" control and screening of unsightly appearance of the structures rather than landscaping, and to establish the mechanics of how and when a bond might be required. After Council discussion regarding certain wording of the ordinance, the Chair directed the City Attorney to redraft the ordinance. VII. OLD BUSINESS 2. GELDERT/HACIENDA DRIVE ACTION: Continued PATHWAY AND DRAINAGE SOLUTION FILE NO: 86901 The Acting City Manager introduced the item to the Council and reviewed the past discussions and meetings which have been held in regard to the subject. Staff recommended retaining the ease- ment, but abandoning the path and concentrate on solving the drainage problem. The City Engineer stressed that the easement is almost entirely on Mr. Nicolaisen's property which was recently graded without a permi t. He also pointed out that an alternative solution to the pathway steps would be to construct a sidewalk along Geldert connecting the Porto Marino sidewalk. John Hoffmire, representing Deak & Co. the developer, pointed out the steps were constructed according to plans and specifications approved by the City Engineer at that time. He stated he believed that the path didn't last because people diverted their drainage towards it and it was therefore washed out. After further discussion the Chair directed the City Engineer to CITY COUNCIL MINUTES NO 365 October 15 1974 Page 4 October 15 Page 5 CITY COUNCIL MINUTES After considerable discussion regarding the advantages and disadvantages of holding such a race in Richardson Bay Lineal Park, Littman moved, seconded by Ellman, to deny the request. Ellman asked that our lease arrangement with the State for the park area be checked regarding the legality of permitting a use of the park when an entry fee is charged. After further discussion, Tayer made a substitute motion, seconded by Littman, that the matter be continued to the next regular meeting so that the Acting City Manager could determine the precise parts of the park to be used; the possible conflict with the leasing arrange- ment with the State and determine the reaction of the two other cities in Marin in which this race has been held as to what effect it had on property and public reaction. Question was called on the substitute motion, and unanimously passed. The representative of the Velo-Club withdrew the request because of their promotional requirements. NO 365 1974 The Club would post a surety bond and also be responsible correcting any erosion which might result from the races. The Acting City Manager stated that the Parks & Recreation Commission had recommended that the Council approve the request from the Velo-Club Tarnalpais to conduct cyclo-c~oss and moto- cross races in Richardson Bay Lineal Park. Mr. Gary Fischer representing the Velo-Club, stated the proposed races would include a climb and descen~f the knoll and a circuit of the field and would be approximately 7 miles long. The race was proposed for December 1 with an additional four practice and demonstration races prior to that date. for APPROVAL OF CYCLO-CROSS RACE (recommended by P & R Commission 4 ACTION On motion of Tayer, seconded by Littman, Council approved an additional expenditure of $2,903 to satisfy payment for the Drainage Study. Question was called and motion unanimously approved Withdrawn TIBURON DRAINAGE MASTER PLAN 1974 (Council approval of additional costs over budget - Project 74-F18 ACTION: FILE NO Approved 4020.8 3 VIII The Chair directed the City Engineer to return to Council with his proposed alternatives and a cost breakdown of each. Chair also requested the City Attorney to determine who was responsible for solving the drainage problem NEW BUSINESS Discussion followed regarding the possibility of correcting the drainage and reinstalling the steps in one design, and future maintenance costs. Mr. Bob Buxton, Tiburon Ridge Association interest in maintaining the steps. reaffirmed their Parks & Recreation Chairman Pickett explained that the Commission had originally requested the steps if there would be a connecting link to Del Mar below Geldert. They subsequently recommended abandonment of the steps when the connecting link was not acquired. However, since there is renewed interest on the part of the Tiburon Ridge and Seafirth Homeowners to retain the path, the P & R Commission might want to reconsider its recommendation. compute the individual between the developer, drainage problem. share which would be expended if divided contractor and residents to correct the October 15 Page 6 CITY COUNCIL MINUTES NO. On motion of Littman, seconded by Ross, and unanimously passed, the Chair adjourned the meeting to Executive Session at 11:25 p.m 365 1974 x The City Attorney advised that it was not necessary to adjourn to the Redevelopment Agency in order to transfer funds. On motion of Ellman, seconded by Ross, to transfer Redevelopment Fund balance of $3,157 to the General Fund by Funding Transfer was unanimously passed EXECUTIVE SESSION REDEVELOPMENT AGENCY FUND TRANSFER The Director noted that Marin County Planning Commission was reviewing and revising projections but were awaiting San Rafael's General Plan. The Director of Community Development reviewed his staff report Littman noted that Tiburon's growth rate had been less than 1% per year over the last ten years. The Council complimented the Director on the comprehensive report and acknowledged it was a working document and a tool with which they could continue to determine Tiburon's projected rate of growth. GROWTH RATE REPORT Director of Community Development Council accepted the City Manager's staff report on Pine Terrace Drainage, Belvedere/Tiburon Day Care Center and his designation of a Dog Exercise and Training area in Richardson Bay Park. CITY Chairman Pat Conti gave Council a report on the activities of the Committee. She explained that they were circulating questionnaires throughout Tiburon and giving instruction to the school children to explain the ordinance, how to approach strange dogs and giving demonstrations of obedience trained dogs. They will meet with property owner associations to get facts and opinions about the dog population in Tiburon, and also are researching other city animal control ordinances. Ms. Conti stated there were some residents who wanted the RO-l zone included in the unleashed designated areas. Council stated they would consider the suggestion and make a decision after the results of the questionnaire had been tabulated. MANAGER STATUS REPORT ANIMAL Ellman requested that the City post 5 m.p.h. speed zone in Richardson Bay to help p~otect the Harbor Seals near Strawberry Spit. He stated that volunteers would post the signs and the Sheriff's Department would help enforc the limits. The Chair directed the City Attorney and Police Chief review the matter and return to Council with their recommendations. CONTROL COMMITTEE PROTECTION OF HARBOR SEALS IX Councilmen submitted their list of priorities of items issues for consideration by the Mayors and Councilmen's organization to the Minute Clerk to be forwarded to the MCCMC Chairman. STAFF REPORTS 5 MARIN COUNTY COUNCIL OF AND COUNCILMEN MAYORS ACTION and Priorities determined XIII ADJOURNMENT - There being no further business to come before the Council, the Chair declared the meeting adjourned at 11:50 p.m. to October 28, 1974. / ~~( ~ ~ ct- - E APPROVED BY THE CITY COUNCIL ON: Octo_ber 28, 1974 '\ .' , '\ ~:.:~\..; ,()~ ~ ~URUli \.,A 'X.J--1-t.r' ~_.-' .he City of Tiburon CITY COUNCIL MINUTES NO 365 October 15 1974 Page 7 CITY COUNCIL CITY OF TIBURON I. CALL TO ORDER The regular meeting of the City Council, City of Tiburon, State of California was called to order by Mayor Ararnburu at 7:38 p.m October 28, 1974, in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Aramburu, Ellman, Ross, Tayer, Littman (7:42 p.m.) ABSENT: COUNCILMEN: None EX OFFICIO: Robert L. Kleinert, City Manager Richard Breiner, Deputy City Attorney Stan Bala, City Engineer Louis Brunini, Superintendent of Public Works Maurice Lafferty, Police Chief Phil Scott, Development Administrator Stanford Lichlyter, Administrative Assistant Terry Condy, Minute Clerk III. APPROVAL OF MINUTES Minutes No. 365 - On motion of Ellman, seconded by Ross, Minutes No. 365 were unanimously approved. IV. CONSENT CALENDAR The Chair removed Item D, POLICE REPORT. On motion of Ross, seconded by Tayer, the Consent Calendar consisting of the following items was unanimously approved: A. ACCEPTING AUDITOR'S REPORT 1973-74 B. REQUEST COUNCIL APPROVAL TO CLOSE CITY HALL ON NOVEMBER 29 IN LIEU OF ELECTION DAY NOVEMBER 5, 1974 C. NO PARKING ZONE ON STEWART DRIVE - Resolution No. 683 E. 1st QUARTER FINANCIAL REPORT F. AWARDING OF BID - TENAYA DRIVE DRAINAGE IMPROVE!1ENTS V. PUBLIC QUESTIONS AND COMMENTS ENDORSEMENT OF PROPOSITION 15 ACTION: Endorsed Ann Goff, representing the Marin Coalition for Yes on Proposition 15, requested Council endorsement of Proposition 15 which would repeal the present requirement that public housing projects be approved by local voters prior to construction. Littman expressed the opinion that unlimited subsidized housing should be under the control of the local community. On motion of Ross, seconded by Ellman, to endorse Proposition 15, was passed by the following vote AYE S : COUNCILMEN: Aramburu, Ellman, Ro s s , Tayer NOES: COUNCILMEN: Littman GELDERT/HACIENDA DRIVE PATHWAY AND DRAINAGE SOLUTIONS ACTION: Continued Bernie Greer asked the Council to make a decision as to whether the stairs were to be reinstalled or abandoned in order that the drainage problem could be solved. The City Manager explained that since this item was not agendized CITY COUNCIL MINUTES NO. 366 October 28 1974 Page 1 October Page 2 CITY COUNCIL MINUTES NO The Superintendent of Public Works presented pictures to the Council of the construction, showing a wooden fence which surrounded the pool. He pointed out that the height of the fence might not conform to the City's front yard height limits The City Attorney advised that if there's a height problem, it would require a variance from the Board of Adjustments. 366 28 1974 Mr. Fred Borgman, 587 Virginia Drive, addressed the Council and requested they consider his appeal of the decision of the Super- intendent of Public Works who had issued a stop work order on the construction of his swimming pool. The Superintendent of Public Works issued the stop work order because the pool construc- tion was encroaching approximately four feet in~o the City's right- of-way. Mr. Borgman stated he was unaware that he was encroaching on the right-of-way and had assumed he was within his property lines. Mr. Borgman had applied for an encroachment permit after being informed by the Superintendent of the error, but had been denied because it was not within the Superintendent's jurisdiction to grant an encroachment permit for a structure built on City right-of-way. RIGHT-OF-WAY ENCROACHMENT Councilman Littman stated their would be a breakfast meeting the next morning wi th Madrone Associates, Planning Commissionf,Chairman Wayne and staff to discuss preparation of the final EIR. Ross agreed to attend. SEQUOIA PACIFIC EIR On motion of Littman, seconded by Ross, to place the matter on the next agenda, was unanimously approved. Staff recommends that the steps and pathway improvements be abandoned; the remaining debris removed, with the City retaining the easement. Staff also recommends that basic drainage be installed as required by the City Engineer at a cost of $12,000. The costs of this drainage to be assumed in the following manner Deak & Co. would provide correction to the existing turning structure at the Court of Johnson, Miller and Nicolaisen properties and the drainage way facility along Crockett, Nicolaisen, and Mathis properties. The engineering for design of the installation of these improvements would also be provided by Deak & Co. This would provide a basic drainage facility to the major portion of the property. Nicolaisen would be responsible for providing the drainage connection along his remaining unbuilt lot. The adjacent property owners would then be responsible to provide their own connections andero~ibn control. Deak & Co. would also be requested to install 465' of sidewalk along the southerly side of Geldert Drive. If the steps were installed as recommended by the City Engineer for replacement with minimum maintenance, they would cost approximately $20,000. If they were replaced according to the original plans and specifications, they would cost approximately $8/000, and it would be difficult to determine the annual main- tenance costs to the City. If the steps were installed and the drainage problem corrected at the same time, the cost would be approximately $16,000. If only the drainage problem is corrected the cost would be approximately $12,000. for this meeting, the Council need not take any action. He related the results of a meeting with the developer, contractor and City Staff at which time they discussed costs and responsi- bilities concerning the steps and drainage problems. AYES NOES CITY COillJCIL MINUTES COUNCILMEN COUNCILMEN Ararnburu Tayer None NO 366 October 28 "D....,,.,._ "') 1974 Ellman, Littman moved, seconded by Tayer, that the ordinance was deemed to have passed first reading. After further discussion, Littman made a substitute motion, seconded by Ross, that the word BONDS in the title of the ordinance was deemed to have been inserted nunc pro tunc, and that the ordinance was deemed to have passed first reading. Question was called on the substitute motion and passed by the following vote: Littman Ross The Chair opened the public hearing. There being no discussion the public hearing was closed. This item had been previously discussed and the City Attorney had been directed to reword the ordinance. On motion of Littman, seconded by Ross, an ordinance entitled, AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION 11-1 OF ORDINANCE NO.9 N.S., THE TIBURON ZONING ORDINANCE BY PROVIDING FOR INTERIM MAINTENANCE, was to be read by title only Question was called and the motion carried unanimously. The Chair read the ordinance by title only. ORDINANCE AMENDING SECTION 11-1 OF ORDINANCE NO. 9 N.S. (Providing interim maintenance bonds 1 ACTION Passed 1st reading VI The Chair noted that Councilmen Ellman, Ross and himself had met with the Hill Haven Property Owners the previous evening and among other items discussed, they were particularly concerned about the City's tree ordinance. The Chair directed that staff contact all the homeowner associations and set-up a meeting with their representatives and the Director of Community Development to discuss the ordinance and suggest changes. Parks & Recreation Commissioner Gary Gray, a member of the Tree Ordinance Committee, noted that the Committee recommended the ordinance be abandoned because they felt it was unenforceable. PUBLIC HEARINGS TREE ORDINANCE Ellman explained the formula was to show on a percentage basis the statistics for the last two quarters of the present year, and how they compared with statistics of a year ago. The report also indicated the percentage of incidents which had been cleared by the Police Department. Littman noted that residents should be aware of the importance of locking their windows and doors. The-Police Chief agreed that the Department needed the support and cooperation of the residents and that the Department's Service Officer was working with the community and recommending locking mechanisms. ACTION Set-up meeting The Police Chief explained that Councilman Ellman and a staff officer had made up the new formula for a statistical report of the activities conducted in the Police Department. D. POLICE On motion of Ross, seconded by Littman, the matter was referred to the Board of Design Review so they could provide Council with mitigation measures which the Council could review. Littman amended the motion, seconded by Ross, to include that the owner be allowed to proceed with construction of the rear deck with the understanding that he is proceeding at his own risk and there's no pre-judgement of the City Council. Motion was unanimously approved as amended. REPORT ACTION Accepted Discussion followed relative to allowing Mr. Borgman to continue construction of the rear deck to prevent erosion problems. October P ag e 4 CITY COUNCIL MINUTES NO. 366 28 1974 Tayer noted that the Council On motion of Tayer, seconded by Ross to award the bid to Valentine Corporation for Alternate B with the conditions previously set forth by the City Engineer. had seriously considered the needs The City Manager pointed out that the P & R Commission had requested consideration by the Council of acquiring the park area owned by the Pine Terrace residents and an easement between Avenida Miraflores and the bike path. Mr. Ken Lucas, President of the pine Terrace Homeowners Association, indicated he would like to meet on site with the P & R Commissioners to discuss these requests. After further discussion between the Council and the City Engineer, Council decided to separate these issues from the awarding of bids P & R Commissioner Gray reviewed the drawings and requested that an easement be acquired for access to the bike path and that the engineering be changed in relation to the point crossing the bike path to prevent the pavement from settling. The City Engineer stated that the contractor would be responsible for one year for any needed repairs and the suggested engineering would cost an additional $3,000. The City Engineer also pointed out clear that the City was not and shrubs removed from the that responsible easement. the drawings made it for replacing any trees 3. The City receives permission from BCDC. 2 The City receive the necessary drainage easement City receive from property owners $2,340; the cost of installing pipe through private property; this amount not include contingency funds which usually amounts to of the cost does 10% 1 The City Engineer stated that two alternate solutions were advertised and the bids opened that afternoon. The bids ranged from $35,664 to $25,743 for Alternate B, and the City Engineer recommended that the contract be awarded to Valentine Corporation as the low bidder with the following conditions: AWARDING OF BIDS - PINE TERRACE DRAINAGE IMPROVEMENTS ACTION: FILE NO Bids 2130 3 Awarded Mr. Richard Larson of the County Public Works Department has been charged with the responsibility of coordinating the project. The City Manager recommended, and Council agreed, to continue to monitor Mr. Larson's progress The Police Chief reviewed his report regarding the posting of the 5 mph speed limit in the Bay, cost estimates, soundings to indicate the depth of the water to determine where the signs can be best located, design of signs, funding and how enforcement would be accomplished. REQUEST BY STRAWBERRY RECREATION DISTRICT TO POST 5 MPH SPEED ZONE IN RICHARDSON BAY TO PROTECT THE HARBOR SEALS 2 ACTION Maintain Liaison VIII OLD BUSINESS There being no reports VII the Chair continued the meeting REPORTS FROM COMMISSIONS & COMMITTEES Xl! ~O There being no reports, the Chair c' ~~r. 2 REQUEST By STRAWBERRY RECREATI01i/ DISTRICT TO POST 5 MPH SPEED ZONE IN RICHARDSON BAY TO PROTECT THE ; HARl30 R SEl\Ls _ The POlice Chief revieWed his repOrt r the 5 mph sPeed limit in the Ba eg indicate the depth Of the waterYto c~:~ ~~~ be best located, design Of Signs fu d~ ~L would be accomplished. 'n ~ng an. Mr. Richa~d Larson Of the COunty PUblic WOrk C9arged W~th the resPonsibility Of coordin ~ De~ C~ty Manager recommended and C 'I at~ng th~ ' 'ounc~ agreed t mon~tor Mr. Larson's progress. , 0 con, 3. AWARDING Op BIDS _ PINE TERRAcE DRAINAGE IMPROVEf1ENTS ACTION: Bids 1\.w< PILE NO: 2130 The Ci~y Engineer stated that two alternate SOlutio advert~sed and the bids opened that afternoon. The ns, Were from $35,664 to $25,743 for Alternate 13, and the Citb~ds ~a recommended that the Contract be awarded to V 1 t' Y Eng~n as the low bidder With the fOllOWing Conditio:s~n ~ne COrpOl 1. City receive from property oWners $2 340- th t ' t II' , , , e cos Of ~ns ~ ~ng P~pe ~hrough private property; this amOunt do( nfotth~nclude Cont~ngency funds WhiCh USUally amOunts to Ie o e COst; 2. The City receive the necessary drainage easement; 3. The City receives permission from BCDC. The City Enginee~ also POinted Out that the drawings made it Cldearhthbat the C~ty was not resPonsible for replacing any tree' an s ru s removed from the easement. , P & R COmmissioner ?ray reviewed the drawings and requested tha an ~asem~nt be acqU~red for access to the bike Path and that thE e~g~neer~ng be Changed in relation to the Point crOSSing the b~k~ Path to prevent the pavement from settling. The City Eng~neer stated that the Contractor wOUld be resPonsible for one year for anr ~eeded repairs and the Suggested engineering WOUld COst an add~t~onal $3,000. The City Manager POinted Out that the P & R Commission had requested considera~ion by the Council Of acqUiring the Park :rea,~wne? by the P~ne Terrace residents and an easement between ven~ a ~~raflores and the bike Path. Mr. Ken Lucas, President O! the P~ne Terrace Homeowners Association indicated he wOUld l~ke to meet on site With the P & R COmmis~ioners to discuss these req~ests. ,After further discussion between the Council fand thhe C~ty E~g~neer, Council decided to separate these issues rom t e aWard~ng of bids. On motio~ Of TaYer, seconded by Ross, to aWard the bid to Valentine fCortPhorbat~ohn fo~ 1\.lter~ate 13 With the Conditions previoUSly Set or Y t e C~ty Eng~neer. Tayer noted that the Council had serioUSly considered the needs CITY COUNCIL MINUTES NO. 366 October 28, 1974 P ag ~ A_ October P ag e 5 CITY COUNCIL MINUTES NO After further discussion, Gordon Strawbridge, Chairman of the Landmarks Advisory Committee stated he didn't believe it was the function of the Committee to go into engineering and financial studies. He pointed out that the Committee was unable to contact 366 28 1974 The City Attorney, in response to a question from the' Chair, stated that if the report is deficient, the Council could still set a public hearing. On motion of Tayer, seconded by Ellman, to set a public hearing on this designation of the Lyford Hygeia Stone Tower as an historical landmark for November 25, 1974. Mr. Murad suggested two alternatives; to move the Tower or his client could sell the land to the City. After further discussion amongst the Council, Mr. Murad stated he didn't beleive the Council had a proper presentation before it because the Committee knows the owner isn't going to maintain the Tower. James Murad, attorney for Dr. Caceres, owner of the property upon which the Stone Tower was located, addressed the Council. Mr. Murad pointed out, it was his belief that the Resolution of the Planning Commission did not properly reflect the facts in Item 2 which states: "The proposed landmark and parcel on which it stands does not as proposed constitute a burden on the traffic pattern of the area." Mr. Murad contended that if the Tower is designated a landmark, that people would stop at the Tower and there was no parking available. Mr. Murad also pointed out that the Ordinance No. 129, which created the Landmarks Advisory Committee, stated in Sec. l3B-5 that ...."when a landmark proposed to be so designated is private property, expenditures for its upkeep, preservation, maintenance and protection shall be made by the owner thereof in all but the most exceptional cases. If upon careful review by the advisory landmark committee it is proposed that public funds be expended for the preservation, restoration, maintenance or protection thereof, or any other purpose in connection with said designation, the recommendation made by said committee to the city council shall set forth that fact, and shall set forth in full the reasons therefor, and shall include a statement setting as accurately as possible the estimated cost in public funds, which would be so involved." Mr. Murad pointed out that this provision, to his knowledge, had not been provided to the Council The City Manager introduced the item to the Council and explained that both the Tiburon Advisory Landmarks Committee and the Planning Commission had recommended the City Council designate the Lyford Hygeia Stone Tower as an historical landmark. Council's action this evening was to set a public hearing. DESIGNATING LYFORD HYGEIA STONE TOWER AS AN HISTORICAL LANDMARK (Set Public Hearing FILE NO Set Public Hearing for November 25 4 ACTION IX Question was called and the motion unanimously passed Mr. Sol Martin expressed the Association's appreciation to the Council and acknowledged that they understood that trees or shrubs which might have to be removed would not be replaced by the City. NEW BUSINESS The Mr. Chair directed the Parks Lucas to discuss possible Recreation Commission to meet with easements. & of this improvement; were aware of the peculiar problem created by different events which had to be cured; and that though a costly item, the property owners were willing to cooperate to pay their share. October Page 6 28 1974 CITY COUNCIL MINUTES The City Manager requested a transfer of funds from the Contingency Account to the General Fund for charges related to the downtown plan. The other request was for funds owed to the Belvedere/ Tiburon Child Care Center. The Chair instructed and authorized the City Manager to transfer funds establishing a budget line item for $1,000 for the downtown plan and transferring $190 to the P & R budget for payment of fees to the childcare center. NO 366 IX. On motion of Tayer, seconded by Littman, to authorize the explora- tion with Belvedere and the unincorporated areas of the peninsula for the formulation of an Arts Council. Question was called and motion unanimously carried. The Chair directed the City Manager to contact the Mayor of Belvedere regarding the formulation of an Arts Council for~ the peninsula ,- ,...........:. ... '_' f' ~.~ 1. '. ~ --;.. COMMUNICATIONS Councilman Tayer related that a well known economist had spoken on the OOurtt.rn:S,r,~s economy, statistical reports on the population changes and the overwhelming effect.of the lower birth rate on school and municipal situations. Councilman Tayer also reported on the success of other cities in receiving funds which would promote cultural activities in the Community. The City Manager stated he thought the Conference was very meaningful and worthwhile, as he concentrated his efforts in attending seminars regarding administration of small cities and matters related to City Manager functions. Councilman Ellman agreed the Conference was worthwhile and noted the League had passed a Resolution in support of Tiburon's Resolution which asked the League to monitor the EIR process and the extent of actions of CEQA. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - OCTOBER 20-23 - Los Angeles 6 The Chair directed that copies of the draft Regional Housing Plan be distributed to the City's Planning Commission for their review. Councilman Ellman stated that this topic would not be considered at the October 30th ABAG meeting, and he suggested that the item be continued to December 9th for Council's recommendations Continued to December 9th 5 ABAG The Chair directed the City Manager to get an idea of traffic generation in the area and Mr. Murad's point, and directed the City Attorney to tell the Council the specific points they were to consider at the public hearing REGIONAL HOUSING PLAN ACTION Littman stated he didn't think Council had complied with their own ordinance, and therefore didn't think they could vote on the motion. AYES: NOES: ABSTAIN COUNCILMEN COUNCILMEN COUNCILMEN Ararnburu None Littman Tayer Ellman the owner so therefore could not determine actual costs; and that the Belvedere/Tiburon Landmarks Society had requested the Stone Tower be designated an historical landmark several years ago. Question was called on the motion, and carried by the following vote: Ross X.. STAFF REPORTS 7. ORDER TO SHOW CAUSE ACTION Withdrawn 270 Round Hill Road The Chair noted that the driveway had been paved and therefore withdrew the item from the agenda since the owner had complied with the requirements as specified in Section 13-4 of Ordinance 49 of the City Code. 8. HILARITA SILTING & DRAINAGE PROBLEMS ACTION: City proceed with corrective measures The City Manager reviewed the item with the Council. The City Engineer recommended that additional protective measures should be taken to prevent silting and drainage problems as a result of construction of Hilarita. .Mr. Paul Hecht, President, Tiburon Ecumenical Association, addressed the Council and explained the area had been previously hydromulched and they believed this was adequate protection. Mr. West, representing the contractor, Williams & Burrows, stated they did not feel responsible for additional protective measures as proposed by the Belvedere and Tiburon City Engineers. After extensive discussion, the Chair directed the City Manager to execute his authority under Sec. 24-7 of the City Code to direct the abatement of the nuisance. The City Manager directed the Superintendent of Public Works to commence construction of a silting basin. The bill for labor and materials would then be sent to the property owner and developer. The City Engineer stated if there were any problems in the future, that straw would be placed around the area to prevent further silting. 9 INTERNATIONAL CITY MANAGEMENT ASSOCIATION Annual Conference Report by City Manager The City Manager gave the Council a report on his Conference in Dallas, Texas held October 13-16th. 10 C~A~M~ REGI~TER - September ACTION: Accepted On motion of Littman, seconded by Ellman, Claims Register No. 123 was unanimously accepted. XI. EXECUTIVE SESSION The Chair adjourned to Executive Session at 10:28 p.m. XII. ADJOURNMENT There being no further business to come before the Council, the Chair declared the meeting adjourned at 11:15 p.m. to Tuesday, November 12, 1974. - ~ I p:f - nage APPROVED BY THE CITY COUNCIL ON: ,1974 ~ U, ity of Tiburon CITY COUNCIL MINUTES NO 366 October 28 1974 Page 7 CITY OF TIBURON CITY COUNCIL MEETING I CALL TO ORDER - The regular meeting of the City Council, City of Tiburon State of California was called to order by Mayor Aramburu at 7:40 p.m., November 12, 1974, in the City Hall Council Chambers. II. ROLL CALL PRESENT: COUNCILMEN: Aramburu, Ellman, Littman, Ross, Tayer ABSENT: COUNCILMEN: None EX OFFICIO: R. L. Kleinert, City Manager Robert I. Conn, City Attorney Stan Bala, City Engineer Robert E. Fosnot, Director of Community Development Louis Brunini, Superintendent of Public Works Maurice Lafferty, Police Chief Stanford Lichlyter, Administrative Assistant Terry Condy, Minute Clerk III. APPROVAL OF MINUTES Minutes No. 366 - Tayer requested deletion of "...which would have a consolidated approach to all recreational needs..." from Item 6, page 6. On motion of Ellman, seconded by Ross, Minutes No. 366 were unanimously approved as amended. IV. CONSENT CALENDAR On motion of Ellman, seconded by Ross, Item C, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ACCEPTING A GRANT OF EASEMENT OF AN INTEREST IN REAL PROPERTY FROM PATSY 0' HARA WILSON, was added to the Consent Calendar by unanimous vote. On motion of Tayer, seconded by Ellman, the Consent Calendar consisting of the following items was unanimously accepted: A. DEVELOPMENT ADMINISTRATOR'S REPORT B. STOP SIGNS - On Esperanza at Mar West - Resolution No. 684 - On Stewart at Porto Marino - Resolution No. 685 C. ACCEPTING GRANT OF EASEMENT - Resolution No. 686 V. PUBLIC QUESTIONS & COMMENTS CHRISTMAS TREE Ross, at the request of Mrs. Bennett of Centro West, asked Council's opinion of the appropriateness of her decorating and lighti~alarge Christmas tree this year as she has in the past. Council expressed approval that this tradition be continued. JOINT BELVEDERE/TIBURON EMERGENCY VEHICLE Ellman reported meeting with Belvedere Councilman Auerbach and suggested the Belvedere and Tiburon City Managers discuss the feasibility of jointly maintaining an ambulance or similar emergency vehicle on the peninsula. TIBURON BOULEVARD DESIGN CONMITTEE Chair directed that the Tiburon Boulevard Design Committee~ whicb CITY COUNCIL MINUTES NO 367 November 12 1974 Page 1 November 12 P ag e 2 CITY COUNCIL MINUTES NO and that Deak Co. either contribute $2,500 to install sidewalk after preparation as specified in paragraph 4 bill (Deak & Co. to install approximately 465 feet of along the downhill or southerly side of Geldert Drive 367 1974 465 feet of of the agenda sidewalk from Porto C. D. & Deak & Co. provide correction to the located at the top of the driveway. Deak & Co. to provide drainage-way facilities Crockett/Nebelma/Mathis properties. Deak & Co. to provide engineering for the design of drainage improvements. Art Nicolaisen to provide drainage facility the northerly border of his property -- lot improvements #4; the above along A B. located existing turning along structure On motion of Ellman, seconded by Littman, that the City abandon the existing steps and require Deak & Co. to remove the existing debris that the City retain the easement; that appropriate drainage facilities be installed as required by the City Engineer and the allocation of costs be as specified in the agenda bill, i.e. GELDERT/HACIENDA PATHWAY AND DRAINAGE ACTION Easement Retained Steps removed Drainage solution accepted The City Manager reviewed the staff recommendations to retain the pathway easement and require the subdivider to remove the existing debris and assist in the overall solution to the drainage problems. John Hoffmire, representing Deak & Co., the subdivider/developer, Art Nicolaisen, the contractor, and Dr. Miller, a resident were present. Mr. Greer, a resident, had written a letter to the Council supporting staff's recommendations. Mr. William Buxton, representing the Tiburon Ridge Association, expressed displeasure that the steps would be abandoned. Parks & Recreation Commissioner Gray urged the pathway system be continued. Mrs. Pratt, 130 Geldert advised Council that the property which Dr. Sabella had suggested for a pathway link was owned by her. She expressed concern that the property owners on Geldert would lose their landscaping if a sidewalk was required. 1 .L VI Don Batten, President of the Tiburon Homeowners' Council, announced that they would donate $25.00 decorations on Main Street. PUBLIC HEARINGS Association's for Christmas CHRISTMAS DECORATIONS The Chair noted that he had accepted the Belvedere Challenge for a Flag Football Game on November 17th and that he and the City Manager were to be Co-captains. He requested the Parks & Recreation Commission to work with the City Manager in establish- ing a roster of the teams and rules of the game. FOR DOWNTOWN BELVEDERE In response to an inquiry from Tayer, the City Manager explained that the Traffic Safety Committee, not only discusses traffic safety problems and solutions, but also spends considerable time in field surveys and inspections. CHALLENGE FOR FLAG FOOTBALL GAME TRAFFIC SAFETY COMMITTEE was to meet on November elect a Chairman. 19 at 8 p .m in the Council Chambers November Page 3 \. CITY COUNCIL MINUTES NO. After discussion, of the City staff 367 Littman moved, seconded by Ellman, that members and Commissions be regarded as City residents for 12 1974 The City Manager stated that the P & exceptions be made to the "residents staff using the tennis courts. R Commission recommended no only policy" in regard to DEL MAR TENNIS COURTS ( P & R recommendation re non-resident use of courts 3 VII Littman requested the City Attorney for a ruling why the Council could not adopt a standard rule that all ordinances be read by title only without going through a motion each time. The City Attorney stated he would research the subject and return an opinion to Council. REPORTS FROM COMMISSIONS & COMMITTEES AYES: NOES: ABSENT On motion of Tayer, seconded by Littman, Ordinance No was deemed to have passed second reading and adoption. was called and motion carried by the following vote: Ellman COUNCILMEN COUNCILMEN COUNCILMEN Aramburu None None Littman Ross 155 N.S. Question Tayer On motion of Littman, seconded by Ross, an ordinance entitled, AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION 11-1 OF ORDINANCE NO.9 N.S., THE TIBURON ZONING ORDINANCE, BY PROVIDING FOR INTERIM MAINTENANCE BONDS, to be read by title only. Question was called and the motion unanimously passed. The Chair read the ordinance by title only. The Chair opened the public hearing. Chair closed the public hearing. There being no discussion The Director of Community Development introduced the proposed ordinance for second reading and stated staff recommends its adoptior the ORDINANCE AMENDING SECTION 11-1 OF ORDINANCE NO. 9 N.S. (Providing interim maintenance bonds for erosion control and landscape screening) FILE NO Ordinance No Adopted 97403 2 ACTION Mr. Buxton stated, Mr. Nicolaisen agreed, any of the neighbors would want Dr. Runes in order to install the sidewalk. 155 that he didn't believe landscaping damaged N Ross moved, seconded by Littman, agreed to by Ellman, that the option in the last part of the motion be deleted, and that it state "Deak & Co. will contribute $2,500 to be used by the City to install either the sidewalk or improvements on the path as determined by the City. That all conditions of the motion be subject to the approval of the City Attorney, City Engineer and the parties involved." Mr. Hoffmire and Mr. Nicolaisen agreed to the conditions as set forth in the motion. The City Attorney advised that no formal agreement was needed, the minutes would reflect agreement, and that the original subdivision agreement would be corrected. Question was called on the amended motion and was unanimously passed. Marino to the subdivision driveway. This sidewalk to be three or four feet in width.) or at the City's option contribute $2,500 to be placed on deposit for acquisition of trail rights further down from the existing path November 12 Page 4 CITY COUNCIL MINUTES NO Don Batten, President of the Belveron Homeowners Association, indicated his concern that the area remain a tot lot and supported the idea of a grassy area. He also pointed out that the park has become a nuisance especially at night and some means of keeping motorcyclists out must be considered. He cited the need for 367 1974 Littman stated he had requested from landscaping firms rough estimates for landscaping and sprinkler system for 20,000 sq.ft of turf. Two quotations received amounted to $10,000/$11,000 and $11,000/$13,000. Littman stated he found it incomprehensible that the City would expend 10% of the City budget for this work. In response to a question from Littman, the Superintendent of Public Works stated the asphalt path, additional grading without top soil and fencing would cost approximately $9,000. The P & R Commission expressed their concern about the high bids and recommended Council defer consideration pending study of feasibility of phasing the improvements over a period of time The City Engineer and Superintendent of Public Works indicated that an asphalt path, additional grading, fencing and lighting was essentially needed in the park area. The City Manager stated staff was concerned that the original concept of the tot lot had been vastly expanded and could not recommend an expenditure of the proposed bid amount Access for the landscaping and future maintenance work had been requested from Mr. Deffenbach and Tamalpais School District, with Mr. Deffenbach giving verbal approval on a temporary basis. The bids received ranged from $33,000 to $44,000. The budget allocation for this year was $9,000 of which $4,305 had already been expended for the existing playground. There was also an additional $4,000 allocated in the 1975-76 budget. The City Manager indicated that additional funding could be obtained from Federal Revenue Sharing monies. The Chair noted that he, the City Manager, the Deputy City Engineer and the Superintendent of Public Works had toured the facility that day. The City Manager stated the Council had authorized the City Engineer to solicit bids for land- scaping and hydromulching of the Belveron Mini Park. The P & R Commission had been working with former Councilman Becker for the proposed design of the park and with the City Engineer. BELVERON MINI PARK (Review of landscaping bids and oral recommendations by Parks & Recreation Commission) ACTION: FILE NO Continued 3070.51/2030 5 VIII A recess was taken at 9:05 p.m. 9:15 p.m., the roll standing as OLD BUSINESS the Council reconvening at originally taken. AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN RE CE S S Aramburu Ross None Tayer Ellman the purpose of playing on the City tennis courts during non-holiday weekdays. Question was called and motion carried by the following vote Littman November Page 5 CITY COUNCIL MINUTES NO 367 12 1974 The Director On motion of Littman, execute the Agreement Development stated six weeks seconded by Ellman, as suggested by the would be required to complete the to authorize the Mayor to Director of Community The Chair also directed that the County Assessor be contacted for his opinion of the economic impact, specifically regarding reassess- ment of taxes as it would apply to Old Tiburon as a result of the downtown development. The Chair directed that this be included as a separate line item in the EIR under Socio/Economic impact. After further discussion with P & R Chairman pickett and Commissione Gray, it was decided that the Consultant be asked to evaluate as a separate line item the P & R Commission's recommendations and analyze them from all points of view of a viable alternative After discussion regarding public facilities within the downtown plan, the Chair directed that a copy of a letter dated 2/28/74 from the City Manager to Madrone Associates be forwarded to the Consultan The Director of Community Development introduced the draft Agreement for the preparation of a final Environmental Impact Report for the Master Plan for the Sequoia Pacific Realco Lands Development for the railroad lands of Southern Pacific located in downtown Tiburon. He indicated that a memo, dated September 12, 1974 from the Downtown Review Committee would be included. He also stated he would redraft Exhibit A. 6 AGREEMENT FOR FINAL SEQUOIA PACIFIC EIR x The Administrative Assistant gave an oral report regarding the status of lanes and paths acquisition. Mr. DeMartini, President of the Lyford Cove/Old Tiburon Homeowners' Association, stated they were anxious to see plans for the lanes and paths and offered to provide building expertise. Littman suggested Mr. DeMartini be an informal liaison with the P & R Commission. The P & R Commission Chairman Pickett and Commissioner Gray emphasized the importance of Hacienda as a critical link in the system. The Chair directed staff to determine the status of this easement. NEW BUSINESS 10 LANES AND PATHS IN OLD TIBURON IX The Chair remanded this matter back to the P & R Commission for discussion at their meeting on November 21 and suggested they consider the dollar per acre ratio., which they would be establishing STAFF REPORTS After extensive discussion, Littman suggested that the P & R Commission review the scope of the plans and return with a concept in the neighborhood of $10,000 to $15,000. Ross agreed that he would favor recommendations not to exceed $14,000. Tayer requested that the P & R Commission determine whether this proposed plan was what the community actually desired. The City Engineer was also directed to contact the bidders and ask them for a breakdown of their landscape bid to determine how the scope of the work and expense could be reduced. The City Engineer stated two bids were shown for implementation now, the other for March. was $1,000 less. the contractors; one The bid for March benches, a path and screening to insure privacy for the adjacent property owners. He supported a priority system being set up and done in phases, and expressed concern that some monies be allocated before the rainy season. EIR after the Agreement was signed Question was called and the motion unanimously passed. Councilman Tayer excused himself at 11 p.m. VIII. OLD BUSINESS 4. CITY PARK RULES & REGULATIONS ACTION: Referred to P & R Ordinance, 1st reading Commission The City Manager explained the proposed ordinance would authorize the City Manager to establish policy, such as opening and closing hours, for the City's parks. On motion of Ellman, seconded by Ross, an ordinance entitled, AN ORDINANCE OF THE CITY OF TIBURON AMENDING CHAPTER 18 OF THE TIBURON MUNICIPAL CODE BY PROVIDING FOR THE PROMULGATION OF PARK REGULATIONS to be read by title only. Question was called and motion passed by the following vote: AYES: COUNCILMEN: Aramburu, Ellman, Littman, Ross NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Tayer The Chair read the ordinance by title only. On motion of Ross, seconded by Ellman, that the ordinance was deemed to have been introduced and passed first reading. P & R Commissioner Gray recommended that the P & R Commission set policy for the City's parks. Ellman amended motion, seconded by Aramburu, to add "with the advice and recommendations of the P & R Commission" inserted into Section 1 of the ordinance. Littman suggested that the City Manager and P & R Commission make recommendations to the Council for a new ordinance which would set forth the rules, regulations and operation of all parks in the City. On motion of Littman, seconded by Ross, a substitute motion was made to remand this item to the City Manager for his review with the P & R Commission to establish a new ordinance for policy for the Ci ty' sparks. Question was called and the substitute motion carried by the following vote: AYE S : COUNCILMEN: Aramburu, Ellman, Littman, Ross NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Tayer x. NEW BUSINESS 7. RUSD FACILITIES The City Manager presented a status report regarding the use of the School District properties. Littman suggested that two representatives of the Belvedere Council, the School District and the Tiburon City Council form a Committee to meet and study the situation. The City Manager was directed to set up a meeting. 8. P. G. & E. EMERGENCY POWER SOURCE ACTION: Continued FOR TIBURON PENINSULA The City Manager introduced P. G. & E.'s proposal for installation CITY COUNCIL MINUTES NO. 367 November 12 1974 Page 6 of a new circuit which would provide an adequate backup circuit for peak load periods on the peninsula in case of outages. An exhibit map indicated the proposed path of the new circuit which would extend from the intersection of Hacienda Drive and Trestle Glen to Porto Marino, down Geldert Drive to Avenida Miraflores, then on to Hilary Drive and Rock Hill Road. The new line would then tie-in to the previously undergrounded line along Tiburon Boulevard. Discussion followed regarding the height of the new poles, the feasibility of undergrounding the new circuit, formation of an assessment district, use of Rule 20 monies for undergrounding and the statistics of outages as a result of overhead lines vs. under- ground lines and the time to repair outages on underground lines. On motion of Littman, seconded by Ellman, that the City Council asks P. G. & E. to tell us what the estimated cost of the work from point A to H on the attached exhibt map, and second what would be the cost of undergrounding on Tiburon Boulevard in the same area. The Chair proposed an amendment, accepted by Littman and Ellman, that the Council wanted to know the Mean Time to Failure (MTF) experienced with the present circuit and the anticipated MTF for the proposed facilities. Littman further requested that P.G. & E. furnish maps of their existing poles to assist the City in their planning efforts. Question was called on the amended motion, and passed by the followi vote: AYES: COUNCIL~~N: Aramburu, Ellman, Littman, Ross NOES: COUNCILMEN: None ABSENT: COUNCIL~mN: Tayer PENINSULA ENVIRONMENTAL COMMITTEE The Chair noted that he and the City Manager would be attending the Belvedere/Tiburon Peninsula Environmental Committee meeting on November 13th. 9. JOINT CITY COUNCIL & COMMISSIONS MEETING It was noted that the Council and Commissions would have an informal workshop meeting on November 20th at 8 p.m. to discuss their policie and procedures. XI. COMMUNICATIONS & CITY MANAGER REPORTS In response to a question from the City Manager, the City Council indicated they were not interested in acquiring a ferry boat to be used for City Hall facilities. XII. STAFF REPORTS 11. ANNUAL INSTITUE OF PLANNERS The Director of Community Development gave the Council a report on the conference he attended October 21-31 in Denver. 12 EPA PARKING FACILITY REVIEW BEGINNING JUNE 30, 1975 The Director of Community Development presented the Council with his report. He recommended that the final EIR for the Sequoia CITY COUNCIL MINUTES NO. 367 November 12 1974 Page 7 Pacific Realco Lands Development be submitted to either the Bay Area Pollution Control District or the Environmental Protection Agency for their technical review prior to the issuance of a building permit for construction. They would be able to determine if the proposed parking facility is consistent with the air pollution control regulation of the San Francisco Bay Area. The Chair acknowledged the appointment of Anthony Guzzardo to the Board of Design Review effective December 3, and likewise the reassignment of James Wilson to the Board of Adjustments effective November 18th. The Chair expressed the Council's appreciation to Angelo Capozzi, who had served as a Parks & Recreation Commissioner from July 1973 to October 1974. He noted that Mr. Capozzi was primarily responsible for the men's basketball program as well as other recreational activities. The Chair indicated that there still was a vacancy on the P & R Commission and the Council would like to hear from interested citizens who might like to serve on one of the 'Boards or Commissions XIII. EXECUTIVE SESSION The Chair adjourned to Executive Session at 12:15 a.m., November 13, 1974. IVX. ADJOURNMENT There being no further business to come before the Council, the Chair declared the meeting adjourned at 12:50 a.m., November 13 1974 to November 25, 1974. % --- ~ ~ ~ler R. L. K E:IN APPROVED BY THE CITY COUNCIL ON: , , \ f\ ~oveIn,b,er 25, 1974 t. ~ .. \ \t,'.;.L~t /".!. / .- \_~ ,~ ;.. \..Z~ \...' - \. t- I. l '~""-\_ '---'t '-,_ -" ,_/ ALBERT ARAMBURU Mayor of the City of Tiburon CITY COUNCIL MINUTES NO. 367 November 12 1974 Page 8 CITY OF TIBURON CITY COUNCIL MEETING I CALL TO ORDER - The regular meeting of the City Council of the City of Tiburon, State of California was called to order by Mayor Aramburu at 7:40 p.m., November 25, 1974. II. ROLL CALL PRESENT: COUNCILMEN: Aramburu, Ellman, Ross, Littman 7:55 Tayer (8:10 p.m.) ABSENT: COUNCILMEN: None EX OFFICIO: R. L. Kleinert, City Manager Richard Breiner, Deputy City Attorney Jesper Strangaard, Deputy City Engineer Robert E. Fosnot, Director of Community Development Maurice Lafferty, Police Chief Louis Brunini, Superintendent of Public Works Marilyn Chalfont, Minute Clerk Hellen K. Hecht, Minute Clerk III. APPROVAL OF MINUTES Minutes No. 367 - On motion of Ross, seconded by Ellman, Minutes No. 367 were unanimously approved as submitted. IV. CONSENT CALENDAR On motion of Ross, seconded by Ellman, the Consent Calendar consisting of the following items was unanimously approved: A. NOTICE OF COMPLETION (Tara Hill Drainage) - Resolution No. 687 B. PENINSULA ENVIRONMENTAL COMMITTEE'S RECYCLING DEPOT - (Contract for services with the Marin Environmental Cooperati ve) C. AWARD OF BID - Mar West Drainage Improvements D. AWARD OF BID - Sutter Court Subdrain & Pavement Improvements E. AWARD OF BID - Taylor Drive & Barner Lane - Subdrain & Overlay V. PUBLIC Qt.1ESTIONS & COMMENTS TENNIS CARDS Eileen Terhune reported that she had lost her original card to the tennis courts and that the replacement card provided her does not work, thus she has been unable to use the courts for about two months. After discussion, the Chair asked Staff to review this matter. COMMITTEE FOR GELDERT/HACIENDA DRIVE IMPROVEMENTS At the request of Ellman, the Chair directed the City Manager to set up a Committee to discuss the proposed Geldert Drive walkway and to report back to the next meeting as to the composition of the Committee. SCENIC RESTRICTION EASEMENT In response to a question from the Chair, the Director presented a letter he drafted in accordance with Mrs. p~mith's concern regarding Neill Smith's request for a Scenic Restriction ease- ment from the County of Marin. On motion of Ellman, seconded by Ross, it was unanimously agreed that Mayor Aramburu sign the proposed letter to the Planning Commission of Marin County. CITY COUNCIL MINUTES NO. 368 November 25, 1974 Page 1 November P ag e 2 CITY COUNCIL MINUTES At the request of Mrs raised their hands as as a landmark. Marans, being in NO a number of people in the audience favor of the tower being designated 368 25 1974 Mrs. Louise Teather, Mr. Al Sennett of Belvedere, Mrs. Lucretia Little of Mill Valley and Mrs. Nat Marans spoke in support of the Tower being preserved as a landmark, and Mr. Sennett urged the City purchase the property Mr. Nathaniel Marans reviewed the history of the Stone Tower and the adjacent property, and stated at the time Dr. Orazio Rosalia, owner of the property when the two triplexes were built, was given permission to build the two triplexes on the adjacent property, a scenic easement on the open piece of property was established for a 25 year period. He urged the City purhcase the Tower property in order to maintain it as an historical landmark. The Chair opened the public hearing. The City Manager reported he and the Deputy City Attorney had met with Dr. Caceres and Mr. Murad, his attorney, on the status of the lot split that was originally made on the Stone Tower property, and Dr. Caceres has expressed his concern that he does have a buildable lot and is concerned with what would happen if the Tower is designated a landmark. He stated Dr. Caceres indicated he had attempted to do certain improvements to the Tower, which met with some vandalism. The City Manager stated the City would be interested in sharing the maintenance costs of the Tower, but according to a letter received from Mr. Murad Dr. Caceres is interested in selling the property to the City. The City the Tower as a the demolition perrni t. Attorney responded to the Council landmark, they include a destruction or removal that if they designated condition to prohibit of the Tower without a The City Manager presented slides showing the Stone Tower as it appeared in its early history and as it appears today. Mr. the Gordon Strawbridge presented the City Manager on this matter. DESIGNATING LYFORD HYGEIA STONE TOWER AS AN HISTORICAL LANDMARK staff report prepared by ACTION: FILE NO Designated 6293.a 1 VI Regarding the Tiburon Boulevard realignment, the Chair requested a report to be submitted at the next meeting covering the following: (1) the appropriateness of a negative declara- tion; (2) whether there are any problems with funding a highway realignment through that area because of its designation as a park area; and (3) uncovering whatever might be in the minutes describing previous Council views regarding realignment beyond Stewart Drive. He further requested that Staff prepare a state- ment regarding the sufficiency or insufficiency of the EIR report. PUBLIC HEARING TIBURON BOULEVARD The City Manager brought up the subject of a letter received from Mrs. Mathis regarding the matter of Hacienda Drive and Geldert pathway. The Deputy City Engineer reported that the City Engineer met with John Hoffmire and others on the project and they have arrived at a mutually satisfactory solution. REALIGNMENT GELDERT/HACIENDA PATHWAY November Page 3 CITY COUNCIL MINUTES NO Tayer stated if the triplexes are non-conforming uses and they're legal because they were authorized previously, the only way they would remain legal is with the conditions under which they were authorized, which included a 25 year scenic easement on the Stone Tower. The Deputy City Attorney agreed with the statement. 368 25 1974 In response to a question by the Chair, the City Manager stated the zoning is R-2 and that the present triplexes are a non- conforming use, made legal, however, by the variance procedure Sennett asked a copy of a letter he wrote to Dr. Caceres dated August 6, 1974, be attached to the record as Exhibit A, to clarifj the record in regard to statements made by Dr. Caceres. Dr. Caceres stated there is nothing to substantiate the and he has never seen a paper showtng there ever was a easement. He stated the Tower has not deteriorated at the last 12 years, and he objected to the improvements recommendec by the City Engineer. He stated they would hope to work out a compromise with the City, but they did purchase the property for the definite purpose of building some day. easement recorded all in Dr. Caceres stated in 1966 they did ask for a reduction in the taxes for the reason it was a restricted lot, and it has remained a restricted lot since it could not be built upon. They there- fore considered it common sense to ask for a reduction on the assessment. He stated they determined the value of $85,000 by comparing it to the adjacent property values. Mrs. Marans stated on August 26, 1969, Dr. and Mrs. Caceres declared the property to be a Marin Conservation Landmark and a restricted lot which could not be built on, and therefore, at their request, the Tax Assessor reduced the value of the property from $6,000 to $500. Mr. Elmo DeMartini supported Mrs. Summers' statements about the agreement the City made with the previous owner of the property which allowed him to construct six units rather than the four he was entitled to in order to preserve the Tower property. He stated Dr. Caceres should be held to the same easement agreement as he has the benefit of the two triplexes. Mr. Murad stated if the City wants the property designated as landmark, they should purchase it, and Dr. Caceres would be willing to sell at a reasonable price to the City. a Mr. James Murad, attorney for Dr. Caceres, stated Dr. Caceres did not own the property at the time the buildings were con- structed, and he did not enter into an agreement with the City so therefore he cannot be subjected to the easement. He stated they purchased a title policy which does not ~how any easement. He stated they strongly object to the high costs of restoration as proposed by the City Engineer. Mrs. Mary Summers, who was Marin County Planning Director in 1961 reviewed the history of the property and stated the property was zoned for three duplexes, but in order to save the Tower, granted a variance to construct two triplexes with a 25 year scenic easement on the Tower property. She stated the fact that the owner built the triplexes would indicate his agreement with the adjustment and therefore it would seem to be appropriate that the Tower property would have no value until 1986; and at that time a determination could be made as to what limited use could be made of the property November Page 4 CITY COUNCIL MINUTES NO "The whole thing was quite nebulous; and since there was nothing recorded and no document could be produced, all that we had to go by was what people said they remembered." 368 25 1974 In response to a further question by Caceres' response to that statement, Littman as to Dr. Dr. Caceres stated Littman questioned whether Dr. Rosalia ever told Dr. Caceres anything about the easement on this Tower. Dr. Caceres responded, "He mentioned that there was a possibility of a 25 year delay if we ever wanted to build." Littman stated when Dr. Caceres bought the property he knew there was a Stone Tower there and questioned whether he paid a separate price for that parcel. Dr. Caceres responded he paid one complete price for the whole package. In response to a comment by Littman that the application indicates Dr. Caceres paid $2,000 for the Tower parcel, Dr. Caceres stated they must have forgotten one figure there as he did not pay a separate price for the Tower. He stated the $2,000 figure was what the Assessor's Office told him the Tower was valued at. Littman stated the 8/69 application for reduced assessment shows the 12/64 purchase price was $2,000. Dr. Caceres reiterated he paid one figure for the property In response to a question by Tayer, Mr. Murad of the Tower is in the City's right-of-way. said one-third Ross requested Dr. Caceres state in his own words what he thought the restriction was in 1969. Mrs. Doris Caceres stated she had gone to the Assessor's Office because of a large increase in taxes on several of the parcels they own. She stated the Assessor told her that he knew Tiburon pretty well and he understood they had a lot with a restriction on it and he questioned why they were paying all the taxes on it. Mrs. Caceres responded she knew of no restrictions. She stated the Assessor recommended she file that there is a restriction on the property because of the Tower on the property, and the public has the benefit of the use of the Tower. So on the Assessor's suggestion, she put down that there is a restriction for a public use, and that is what she understood was the restriction, that it was used for the public as a place to sit and a place to view, and they were maintaining the property and paying the taxes. She stated they purchased the property in 1964 and this didn't come up until 1969. She stated they also protested the taxes on the adjoining property. She stated the property tax on the adjoining property this year on the land alone is assessed at $82,000 for each parcel, plus improvements. In response to a question by the Chair, that if Dr. Caceres applied for a reduction in taxes in 1969, he must have been aware of the existence of a scenic easement, Mr. Murad stated he would assume that is the case. Ordinance To a question by Tayer, the Deputy City Attorney stated one of the triplexes was built in 1962 and the second one prior to incorporation, and there was never a legal subdivision. But the City Subdivision*was in effect in 1964 and was not complied with, and had an application been made to the City at that time, the City could have insisted that the condition of the easement, which had been required in 1961 by the County, be fulfilled before approval of a subdivision. Tayer stated on the basis of that information, in his opinion a 25 year valid easement is in effect on this Stone Tower CITY COUNCIL MINUTES NO. After further discussion unanimously carried. 368 November Page 5 25 1974 question was Littman responded the inquiry that a reasonable man makes of a seller when he's on notice that there's a restriction on the property, he's bound to ask what that restriction is; and if he doesn't ask, he takes it. Further, he stated in his opinion Dr. Caceres is bound by the fact that there's a non-conforming use to which a condition was attached, and that does not need to be recorded because the City could say this non-conforming use must be stopped right now and the only way Dr. Caceres could respond is by saying he has a variance from the County; and if he says he has a variance from the County, he must take it with the condition. called and the motion Mr. Murad spoke against the motion on the basis it assumes there is an easement, of which there is no evidence on any records, including the title policy. Further, he requested clarification on what would be reasonable maintenance. It was moved by Littman, seconded by Ellman, that the Landmark Society Committee, under advice of the City Attorney, confer with Dr. Caceres in an effort to see whether the City can acquire the reversionary interest in the stone Tower, which would come into effect after 1986, and also arrive at a basis for such maintenance as may be necessary in the meantime, to report back to the Council. s Question was After further discussion on the matter, it was moved by Littman, seconded by Ross, that the Stone Tower be designated as an Historical Landmark. called, and the motion was unanimously passed. Littman stated in his opinion the City has a clear right to an easement for 25 years from 1961, which would be 1986, but it 'doesn't say who maintains the Tower, and in his opinion this is a public responsibility. "We really time. No, until 1969 hadn't intended to do anything at any we didn't know about any restrictions " Littman stated Dr. Caceres was which Dr. Caceres responded: obviously on notice to November Page 6 CITY COUNCIL After discussion, it was moved by Ross, seconded by Tayer, that the Council accept the bid of the low bidder, Trinity Land- scaping, for construction to be commenced in March 1975, and that efforts be made by the Staff to negotiate a further reduction in the scope of the work to the greatest extent possible within the legal requirements. MINUTES NO 368 25 1974 It was moved by Ross, seconded by Tayer, that the Council accept the recommendations of the Parks & Recreation Commission's Minutes No. 160 with all assumptions included therein, $5,000 reduction, with a total project cost of $29,500. After dis- cussion, Ross withdrew the motion, with the consent of Tayer P & R Commissioner Gomez spoke regarding the reallocation of funds for use on the project and the budget and the fact that in all probability, the project could not be completed by the end of this year. Gary Foote, a resident, spoke in favor of the project, stating that he felt it was wanted and needed by the residents. AYES: NOES: ABSENT COUNCILMEN COUNCILMEN COUNCILMEN Littman Aramburu, none Ellman Ross Tayer After discussion, it was moved by Ellman, seconded by Tayer that a crushed rock path be provided as recommended by the City Manager and as suggested by Carlisle Becker and that fencing be put in at the top of the property. Question was called, and the motion failed by the following yote: It was moved by Littman, seconded by Ross, that the Council follow the recommendations of the City Manager who has recommended the expenditure of approximately $3,700, which would include an asphalt path on the play structure area, a 100' fence, and hydro- mulching of the existing graded areas for erosion control, without prejudice, and further that the project be reviewed next year as to whether or not the project should be properly completed at that time. After discussion, Littman withdrew the motion, with the consent of Ross. The Council discussed the current bid for the project and the advisability of proceeding with it in view of the elevated costs over the initial estimate and the need for taking funds for this project out of funds set aside for other purposes. Carlisle Becker spoke about the project, stating that it be more economical in the long run to complete the entire project as presently bid, rather than doing it piecemeal over a period of time. Mr. Becker also recommended a crushed rock walk would The City Manager presented the staff report on this matter. Don Batten spoke of the enthusiasm of the residents of the area for the park and pointed out the support they have demonstrated for the project. BELVERON MINI PARK (P & R recommendations regarding design revisions of park and improvements) ACTION: FILE NO Bid Awarded 3070.51 3 A 9 : recess 30 p.m VII was taken at 9:21 p.m., ., the roll standing are RE CE S S REPORTS FROM COMMISSIONS the Council reconvening at originally noted. & COMMITTEES Question was called and the motion carried by the following vote: AYES: COUNCILMEN: Aramburu, Ellman, Ro s s , Tayer NOES: COUNCILMEN: Littman ABSENT: COUNCILMEN: None VI. PUBLIC HEARINGS 2 TEMPORARY USE PERMIT ACTION: Denied HOME SAVINGS & LOAN FILE NO: 17406 (Relocatable structure adjacent to on the north side of Safeway) The Director of Community Development presented his staff report on this matter. The Deputy City Attorney pointed out that under the present zoning ordinance, the Council could not approve this application without an amendment of the ordinance. Mike Wyant appeared on behalf of Home Savings & Loan and made a presentation of the background of the application. He also showed slides of comparable structures to the one being proposed by the applicant. After discussion, it was moved by Ross, seconded by Littman, that the Council deny the use permit for a relocatable building Question was called, and the motion unanimously carried. It was moved by Littman, seconded by Ross, that the Council request Fred Zelinsky to have an EIR prepared on his master plan and submit it to the Council before he presents any other applications to the Council. Question was called and the motion carried unanimously. VIII. OLD BUSINESS 4 . RUSD FACILITIES ACTION: Committee Named FILE NO: 6050.7 Mr. Leo Souza, Chairman RUSD Board of Trustees, indicated the District was considering the sale of the Tiburon School, the Ring Point Site and the North Central School site. No decision has been made as yet concerning the Reed School comple~'and Reedland Woods. The District requested the City to indicate its interest in any of the properties or facilities. Littman suggested that a committee, composed of himself, Ellman and the City Manager, explore some of the general concepts and report back to the Council. The Chair directed that such a committee be formed to meet with the school staff and to report back to the Council as to specific areas of interest. The date for the meeting was set for Monday, December 2, 1974 5. EMERGENCY POWER SOURCE FOR ACTION: Continued TIBURON PENINSULA FILE NO: 4600 The City Manager summarized the matter and stated that discussions have been had with Mr. Conrad of P.G. & E. who was out of town and unable to attend the Council meeting. Mr. Canziani attended in his place. The City Manager said he had received a call since the last meeting from a resident in the area complaining of poles and wires being placed in such a way as to be very unsightly and requested the Council to look into the matter in connection CITY COUNCIL MINUTES NO 368 November 25 1974 Page 7 November Page 8 CITY COUNCIL MINUTES NO. 368 25 1974 On motion of Ellman RESIDENCE OF THE CITY MANAGER (Amendment to the City Code by deleting City Manager residency requirement) seconded by Ross an ordinance entitled Ordinance passed 1st reading 8 ACTION After discussion, the Chair directed the Director of Community Development to report back to the Council at its next meeting concerning the coordination of downtown Tiburon Boulevard design and beautification, and recommendations regarding the utilization of a professional landscape architect for design plans. 7 DOWNTOWN AYES: NOES: ABSENT BEAUTIFICATION PROJECT COUNCILMEN COUNCILMEN COUNCILMEN Aramburu None None ACTION Continued Ellman On motion of Littman, seconded by Tayer, that the ordinance was deemed to have passed first reading. Question was called and the motion passed by the following vote: Littman Ross Tayer On motion of Tayer, seconded by Littman, an ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING ARTICLE V OF CHAPTER 14 OF THE TIBURON ~1UNICIPAL CODE BY TRANSFERRING MINOR SUBDIVISION PROCEEDINGS TO THE BOARD OF ADJUSTMENTS, to be read by title only. Question was called and the motion unanimously passed. The Chair read the ordinance by title only MINOR SUBDIVISION PROCEEDINGS (Transferring minor subdivision proceedings to the Board of Adjustments ACTION FILE NO Ordinance passed 1st reading 97408 6 IX The Chair also directed the Deputy City Attorney to check into the relevant ordinances regarding utility franchise rights. NEW BUSINESS The Chair directed that Littman and Ellman meet with P. and to have P.G. & E. provide a map with existing pole in Tiburon. G. & E. locations The Council expressed concern about the manner in which P.G has proceeded with its work and the desirability of having them go through the normal planning processes before going ahead with their projects. Discussion was held about under- grounding and the need to coordinate this with other utility companies, such as the telephone company and cablevision, as well as with water and sewer line installations. &E Tayer stated that he had inspected the pole which had been complained about and concurred it was indeed unaesthetic. He went on to say that he thought the City Attorney should investigate what action could be taken to require P.G. & E to remove that particular pole on Hilary Drive and require them to put in whatever lines that would not be objectionable with the new circuits being installed. Concern was expressed by the Council that poles are being placed in the public right-of-way and the City feels it has a right to regulate where they are being placed. AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION 2-5 OF THE MUNICIPAL CODE RELATING TO THE RESIDENCY OF THE CITY MANAGER, to be read by title only. Question was called and the motion unanimously passed. The Chair read the ordinance by title only. On motion of Littman, seconded by Ellman, that the ordinance was deemed to have passed first reading. Question was called and the motion passed by the following vote: AYES: COUNCILMEN: Aramburu, Ellman, Littman, Ro s s , Tayer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 9 COMMUNITY DEVELOPMENT ACT OF 1974 ACTION: Continued The Chair directed that this item be continued to the next meeting. X. COMMUNICATIONS & CITY MANAGER REPORTS The City Manager distributed copies of a letter dated November 13, 1974 from Northwestern Pacific Railroad Company regarding the removal of fill 'material illegally placed on the downtown railroad property. Council approved of the City arranging for the removal of the material and billing the railroad for costs. Also, the property should be posted with "No Dumping" signs. XI. STAFF REPORTS 10 ANIMAL CONTROL ENFORCEMENT FILE NO: 5100.1 After discussion,~ the Chair directed the City Manager to send a letter to Mr. John Gill, Executive Director of the Humane Society, stating that the City has done all it can to assist in improved enforcement by recent adoption of the leash law and voting to increase licensing fees. A copy of the letter should also be sent to the Marin Board of Supervisors. 11 CULTURAL AND COMMUNITY AFFAIRS ACTION: Continued COMMITTEE The Chair directed that this item be continued to the next meeting 12 CASH FLOW - October ACTION: Approved On motion of Ellman, seconded by Ross, the October Cash Flow was approved unanimously. 13. CLAIMS REGISTER - October ACTION: Adopted On motion of Tayer, seconded by Ross, Claims Register No. 124 was unanimously adopted. XI. EXECUTIVE SESSION The Chair adjourned to Executive Session at 12:25 A.M. XII. ADJOURNMENT There being no further business to come before the Council, the Chair declared the meeting adjourned at 12:55 A.M. to Monday, December 9, 1974. CITY COUNCIL MINUTES NO. 368 November 25 1974 Page 9 CITY COUNCIL MINUTES NO. APPROVED BY THE CITY COUNCIL ON: /~ De~ember 9 , 1974 '1 " / \JV~:t(--L '\./""-,, - Tiburon 368 NOVEMBER Page 10 25 1974 December Page 1 CITY COUNCIL MINUTES NO The Director of Community Development stated that Brown/Heldt had been retained to do a reconnaisance study of 164 acres in the 369 9 1974 BROWN/HELDT PRESENTING"" EN VI RONMENTAL RECONNAISANCE STUDY FOR THE CENTRAL PORTION OF THE TIBURON RIDGE ACTION: FILE NO Received Ref E-74004 1 VI The Chair noted that the official Touch Football Game played at Del 8th was Tiburon 8 - Belvedere 0: OLD BUSINESS results of the Tiburon/Belvedere Mar School on Sunday, December A B C V CLASS ACTION CLAIM DEVELOPMENT ADMINISTRATOR'S REPORT - November LANDMARKS ADVISORY COMMITTEE RECOMMENDATIONS PUBLIC QUESTIONS & COMMENTS On motion of Ross, seconded by Ellman, the Consent Calendar con- sisting of the following items was unanimously accepted: After discussion, it was agreed that the recommendations and suggestions of the Landmarks Advisory Committee were accepted by Council and the appointments would be made by Resolution at the January meeting IV On motion of Ross, seconded by Ellman unanimously approved as amended. CONSENT CALENDAR Minutes MINUTES NO. 368 - Page 1, delete "Polly" insert Mrs. P. Page 2 seventh paragraph add, "...at the time Dr. Orazio Rosolia, owner of the property when the two triplexes were built..." Page 3, first sentence to read: "Mrs. Mary Summers who was Marin County Planning Director in 1961...... Page 4 insert "ordinance" after City subdivision. Page 6 add, at end of fourth paragraph, ...rock walk in the event that limited improvements were approved No. 368 were III APPROVAL R. L. Kleinert, City Manager Robert I. Conn, City Attorney Stan Bala, City Engineer Robert E. Fosnot, Director of Community Development Louis Brunini, Superintendent of Public Works Maurice Lafferty, Police Chief Stanford Lichlyter, Administrative Assistant Phil Scott, Development Administrator Terry Condy, Minute Clerk OF MINUTES EX OFFICIO PRESENT ABSENT: COUNCILMEN COUNCILMEN Aramburu Littman Ellman Ross Tayer 7 55 p.m II The regular meeting of the City Council, City of Tiburon of California was called to order by Mayor Aramburu at 7 December 9, 1974, in the City H'all Council Chambers ROLL CALL , State 43 p.m I CALL TO ORDER CITY OF TIBURON CITY COUNCIL MEETING central portion of the Tiburon peninsula and make recommendations regarding the use of the area for residential and/or open space. Staff was very pleased with the results of the study and commended Brown Heldt. Mr. Tom Brown, of Brown/Heldt, presented the Council with a slide show, maps, pictures and the report. The Director of Community Development stated that the study showed where residential development should take place in the future. Future development would be subject to the EIR process and this kind of analysis leads to proper Environmental Impact Reports. There being no questions from the floor, the Chair declared a recess. RECESS A recess was taken at 9 p.m., the Council reconvening at 9:18 p.m. the roll standing as originally noted. Planning Commissioner Edelstein requested that the consultant locate the development area on photographs 4 and 6. The Chair stated it was a comprehensive presentation and directed that the City receive the report. 2. MINOR SUBDIVISION PROCEEDINGS ACTION: Ordinance No. (Transferring minor subdivision 156 N.S. Adoptee proceedings to the Board of FILE NO: 97408 Adjustments, Ordinance, 2nd reading On motion of Ross, seconded by Ellman, an ordinance entitled, AN ORDINANCE OF THE CITY OF TIBURON AMENDING ARTICLE V OF CHAPTER 14 OF THE TIBURON MUNICIPAL CODE BY TRANSFERRING MINOR SUBDIVISION PROCEEDINGS TO THE BOARD OF ADJUSTMENTS, to be read by title only. Question was called and the motion unanimously passed. The Chair read the ordinance by title only. On motion of Ross, seconded by Ellman, that the ordinance was deemed to have passed second reading and be adopted. Question was called and the motion passed by the following vote: AYE S : COUNCILMEN: Aramburu, Eltman, Ross, Tayer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Li ttman 3. RESIDENCE OF THE CITY MANAGER ACTION: Ordinance No. (Amendment to the City Code by 157 N.S. Adoptee deleting City Manager F!LE NO: 1010 residency requirement) Ordinance, 2nd reading On motion of Ellman, seconded by Ross, an ordinance entitled, AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION 2-5 OF THE MUNICIPAL CODE RELATING TO THE RESIDENCE OF THE CITY MANAGER, to be read by title only. Question was called and the motion unanimously passed. The Chair read the ordinance by title only On motion of Ellman, seconded by Ross, that the ordinance was deemed to have passed second reading and be adopted. Question was called and the motion passed by the following vote: AYES: COUNCILMEN: Aramburu, Ellman Ross, Tayer NOES: COUNCILMEN: None ABSENT COUNCILMEN: Littman CITY COUNGIL MINUTES NO. 369 December 9 1974 Page 2 December Page 3 CITY COUNCIL MINUTES NO. The City Manager stated most of the Marin cities have approved the Agreement, and San Rafael has made some additions and modifications. Novato, Sausalito and Fairfax are still considering it. The Chair noted the County would lose seven million dollars of federal aid if the Agreement is not accepted by all the cities and the County of Marin. 369 9 1974 COMMUNITY DEVELOPMENT ACT OF 1974 (Consideration of Tiburon entering into joint powers agreement with the other cities and County of Marin to obtain funds) ACTION: FILE NO Approved 2000/3055.2a 6 VII Margaret Azevedo, former co-chairman of the ABAG Task Force, present member of the ABAG Housing Plan Review Committee, stated she would try to attend the Planning Commission meeting on December 18th and the Council meeting on January 13th. NEW BUSINESS On motion of Tayer, to January 13, 1975 the Commission seconded by Ellman the item was continued for consideration of written comments from ABAG ACTION: Continued File No: 6300 The City Manager reviewed his staff report and suggested that the item be continued to allow the Planning Commissioners more time to study the Plan and forward their recommendations and comments to the Council, prior to December 31st. The item would then be agendized on January 13 and comments forwarded to ABAG by January 15th. . 5 REGIONAL HOUSING PLAN The Chair directed the City Manager to make recommendations regarding appointment of a Committee member to the Tiburon Blvd Redesign Committee and asked Mrs. Meislin to submit her written concerns to staff. Discussion continued regarding three specific problem areas Bottle Shop, Safeway and Bank of America. The Mrs. Barbara Meislin spoke in favor of professional assistance. The Chair requested she submit her comments and recommendations to the Director of Community Development and the City Engineer. In response to a question from Tayer, the City Engineer stated that landscaping of Blackie's Pasture would be considered after the State Department has submitted actual drawings of the realignme: The City Engineer stated it would be premature to work in the downtown area until a decision is made about the Sequoia Pacific pI Planning Commissioner Edelstein spoke in favor of hiring a land- scape architect. Ross suggested professionals could be retained for a specific purpose to help the Committee. The Director of Community Development reviewed his staff report and expressed the opinion that it would be unwise to hire a architect at this time since the Tiburon Boulevard Redesign Committee had just begun to review the City Engineer's drawings Staff recommended next year's budget provide an allocation for the Environmental Committee, and all activities for the redesign of Tiburon Boulevard, including lighting, landscaping, street furniture, bicycle paths, be coordinated at the staff level and be processed by the necessary Boards, Commissions and City Council =3.ndscape 4 DOWNTOWN BEAUTIFICATION PROJECT (Report by Director of Community Development re proposed downtown Tiburon Blvd. improvements) File No 3000 Decemher Page 4 CITY COUNCIL MINUTES NO Tayer questioned the feasibility of considering an open space district until it is determined that's what the City desires. Tayer stated, in reference to the fourth WHEREAS clause of the resolution, the premise was fallacious that decisions would be made by 40% of the non-resident users of the area. He asked 369 9 1974 Ross stated if Belvedere had passed this three months ago it would have been more proper. Possibly some sort of committee to help get our plans to Belvedere quicker was in order. The Chair stated it was important that we get together with Mayor Borden and other Councilmen of Belvedere to discuss items in general. The Director of Community Development stated the questions posed in the Resolution would be addressed inthe EIR. He also stated the Parks & Recreation Commission's open space recommendation would be considered as a viable alternative in the final EIR. The City Manager presented the City of Belvedere Resolution No 1646 N.S., A RESOLUTION OF THE CITY COUNCIL, CITY OF BELVEDERE URGING FORMATION OF A LOCAL COMMISSION TO STUDY MEANS OF ACQUIRING OPEN SPACE. The City Manager stated that staff could not recommend approval of the Belvedere proposal and felt the formation of such a commission was premature. CITY OF BELVEDERE RESOLUTION (Urging formation of a local commission to study means of acquiring open space) 7 After discussion, the City Manager was directed to contact Dr. Lyons and state Council's interest in the general purpose of the project being pursued by the County Human Rights Commission however the Council had certain reservations about legislating it as a crime. Therefore, based on the existing information, the Council could not make further comments at this time. The City Manager referred to a letter from Stephen B. Lyons, M.D. requesting Council's support of a project, supported by the Marin County Human Rights Commission, which will draft legislation which would, if approved, make it a crime to refuse to rent an apart- ment to a person simply because that person has a child. DES CRIMINATION AGAINST POTENTIAL APARTMENT RENTERS It has.been determined that there are easements Hacienda Drive, but they are private access City in fact does not have a recorded along easements easement. upper and the GELDERT/HACIENDA EASEMENT The City Manager reported that the Community Christmas Tree in Old Tiburon has again been illuminated with the help of the William Simpsons and Cable TV. COMMUNITY CHRISTMAS TREES VIII COMMUNICATIONS & CITY MANAGER REPORTS Question was The Chair directed the City Manager to contact Novato, Sausalito and Fairfax stating Tiburon's willingness to participate and urging their support of the Agreement. called and motion unanimously passed. On motion of Tayer, seconded by Ellman, that the City indicate its willingness to enter into the Agreement and appoint Councilman Ross as the delegee to the Priority Selection Committee. Councilmar Tayer was appointed as his alternate. December Page 5 CITY COUNCIL MINUTES On motion of Ellman, seconded by Ross, that the Council instruct the Commissions to follow through on the Work Program as outlined by the Director of Community Development, was unanimously passed. NO 369 9 1974 Ross requested that a list of policy statements be compiled so that Council could take action on them and make their position clear. The Director of Community Development stated he would like to hold a joint meeting of the Planning Commission and City Council in January. The Director of Community Development presented his report and exhibits which outlined the proposed schedule for completion of the General Plan. 8 GENE RAL PLAN WORK PROGRAM IX. Councilman Ellman requested the City Manager to send a letter of appreciation to Mr. and Mrs. Bennett for their permission in having the Community Christmas Tree located on their property, and also to Mayor Bettini of San Rafael for their hospitality in hosting the Mayors and Councilmen's Christmas Party. STAFF REPORTS LETTERS Tayer requested the Chair direct the P & R Commission that should not participate in any formal way in this commission until the City Council has acted in its support. Belvedere Councilman Auerbach stated they would welcome an informal meeting. On motion of Ross, unanimously passed seconded by Ellman to Table the it item was The City Manager stated Councilman Littman had requested this matter be continued because he had certain concerns and reservations about it. Ellman agreed that no decision should be made in the absence of Councilman Littman and suggested an informal meeting be set up with Councilmen from Belvedere. Ross agreed that no decision should be made without Littman partially " Belvedere Councilman Auerbach expressed the intent of the Belvedere City Council in the resolution, which was to answer the concerns of their citizens. In reference to the fourth WHEREAS clause, the Belvedere City Council was referring to citizen groups who do not like what is being proposed. Tayer stated that it has to be clearly understood by Belvedere and the unincorporated areas, that the final decision rests with the City Council of Tiburon on behalf of the citizens of Tiburon. We have an obligation to listen to our citizens, _and have been involved in hearings, committee reviews, downtown plan review . 0- to obtain the best possible information to enable us to ultimately make the proper decision. I do not think it is a proper suggestion to set up a review commission made up of official representatives of this City. I personally feel it would be a serious conflict and something I could not support .. the City Attorney if passage of such a resolution would be inconsistent with our adopted Downtown Plan which is now being reviewed and also the proposed Sequoia Pacific plan. The City Attorney stated there would be inconsistencies, and the City should review the cost/benefit aspect before considering the feasibility of an open space district. The City's present open space plan does not provide for the downtown area to be open space 9. GENERAL INFORMATIONAL ITEMS a. City Attorney's Opinion re Tiburon Boulevard Realignment at Blackie's Pasture The Chair noted) and thanked the City Attorney for) the written opinion regarding the expenditure of federal funds for the realignment of Tiburon Boulevard and the sufficiency of the EIR. Chair requested staff to report to the Council what policy statements previous Councils had made relative to the realignment or redesign of Tiburon Boulevard past Stewart Drive. b. Geldert/Hacienda Drive Improvement Committee The City Manager reported several residents have agreed to serve on this Committee, however the Parks & Recreation Commission has indicated that since the path has been abandoned, they are not interested in participating on the Committee. c. RUSD Facilities There was general discussion regarding the School District's property, and the City's needs for a City Hall complex and recreational facilities. Ellman stated the City promised the School District a response regarding acquisition- of any of their property by January 31. The Chair directed that the item be agendized for January 13. d. P. G. & E. Installations on Tiburon Peninsula The City Manager reported P. G. & E. and Pacific Telephone representatives would attend a meeting on December 19 to provide the City with precise costs for undergrounding. The City Manager informed Council that if the City wanted to have control over placement of utility poles, then Chapter 19 of the Tiburon City Code would have to be amended. After discussion regarding franchise fees, the Chair directed the City Manager to determine P. G. & E.'s gross receipts for Tiburon. X. EXECUTIVE SESSION The Chair adjourned to Executive Session at 11:44 p.m. XI. ADJOURNMENT There being no further business to come before the Council, the Chair declared the meeting adjourned at 12:25 a.m., December 10, 1974 to Monday, January 13, 1975. ~ ~ ~ ~ az-- ~IN APPROVED BY THE CITY COUNCIL ON: Januar 1975 - NO 369 December 9 1974 Page 6