HomeMy WebLinkAboutTC Min 1973 (July thru December)
CITY COUNCIL
CITY OF TIBURON
I. CALL TO ORDER
An adjourned meeting of the City Council, City of Tiburon State of California
was called to order by ~~yor Bran~~ell Fanning at 7:50 p.m July 16, 1973, in
the City Manager's office.
II. ROLL CALL
PRESENT: COUNCILMEN: Mayor Fann~ng, Aramburu, Littman, Sennett
ABSENT: COUNC ILMEN: Councilman Becker
IX OFFICIO: Bert Balmer, City Manager
R. L. Kleinert, Ass't. City Manager
L. Brunini, Sup't. of Public Works
M. Lafferty, Chief of Police
L. Hirata, Ass't. City Clerk
J. K.im, Pa tro lman
III. BUSINESS OF THE COUNCIL
1. REVIEW OF 1973-74 PRELIMINARY CITY BUDGET
The Chair declared the continued hearing of the proposed 1973-74 ~reliminary
City Budget open for discussion and consideration by the City Council. Mayor
Fanning stated the remaining areas of consideration were the 1972 Open Space
Bond redemption funding, the Employees' Wage and Fringe Benefit requests, the
Public Works Department Budget and the Capital Improvements Budget.
1972 Open Space Bond Redemption (Account 27):
The City ~anager reviewed the proposed 1972 Open Space Bond redemption re- .
quirements and proposed funding. He indicated that Council could apply the
firstslKmonnhs accrued interest from the Open Space Bond proceeds toward
the interest payment due this fiscal year and thereby reduce the proposed
property tax rate for the bonds from 32~ to 22~. The accumulated Open Space
Bond interest as of June 30, 1973, is $28,828.
Employee Wage and Fringe Benefit Requests
The City Manager reviewed the employees' cost-of-1iving and fringe benefit
requests and his recommendation concerning each specific proposal. Council
discussed the proposed requests and questioned the City Manager and officers
of the Employees' Association regarding the basis for the proposed adjust-
ments in salaries and fringe benefits.
L. Mirata, President of the Tiburon Employees' Association, spoke in support
of the employees' requests. J. Kim, President of the Police Association,
spoke concerning the Police priorities in reference to the submitted em-
ployees' ~equest6.
A motion by Littman, seconded by Sennett, to adopt the City Managej~s
recommendations concerning Items Nos. 2 through 7 of the Employees' Fringe
Benefit proposals. Motion passed unanimously, with Councilman Becker absent.
The Chair deferred Council action regarding a cost-of-living increase until
after analysis of the total budget requirements and review of the individual
employee positions.
Public Works (Account 19):
The Sup't. of Public Works reviewed the proposed 1973-74 budget allocations
for the Public Works Department.
Capital Improvements (Account 33):
The City Manager outlined the proposed Capital Improvements account expenditures
and noted the following revisions in the 1973-74 budget:
Under Traffic Signa1s--increase total cost from $51,000 to $68,420. of this
amount, $22,180 is gas tax and $46,240 is federal.
CITY COUNCIL MINUTES #322 July 16 1973
Page 1.
CITY
COUNCIL MINUTES
tF322
July 16
Pa ge 2
1973
July 23rd
1973
APPROVED BY
THE
CITY
COUNCIL ON
BERT
At 10:35 P. M. there was no further business to come before the Council
Chair adjourned the meeting sine die.
1
City r~nager/Clerk
the
IV
The Ass't. City Manager informed the Council that Sasaki-Walker Associates
final presentation of the Richardson Bay Lineal Park Masterplan will be
presented to a joint meeting of the City Council, Planning and Parks
Commissions on Monday, July 30th at 8:00 P M. in the Del ~ar School
ADJOURNNENT
& Recreation
Music Room.
A motion by Sennett, seconded by Littman, that the City Council certify the
representations contained in the No-Arbitrage Certificate and authorize the
Acting City Treasurer to execute the Cer~ificate. Passed unanimously with
Councilman Becker absent
Council reviewed a No-Arbitrage Certificate submitted by Bond Counsel Orrick,
Harrington, Rowley & Sutcliffe relating to Tiburon's 1972 Open Space Bonds.
2
1972 OPEN SPACE BONDS NO-ARBITRAGE CERTIFICATE
Councilman Sennett recommended that Hacienda Drive and the proposed Cove Road
Bicycle ~ath Extension be agendized for the City Council at its first meeting
in August. The Chair referred the matter of Hacienda Drive to the Public Ser-
vices Committee
Parks & Recreation Commission Chairman Gray questioned the funding allocations
for the Richardson Bay Park and Paths and Lanes. Gray also questioned the status
of the Paradise Drive, Cove Road Bicycle Path Extension, and Hacienda Drive Path
projects, where extremely hazardous and unsafe conditions now exist. He urged
the City Council to provide funding for these projects in this year's City
Budget and implement each immediately.
Under Lanes-Old Tiburon--e1iminate the words 'Old Tiburon'
Under Tennis Courts--increase $20,000 to $27.500.
Under ~ Improvements--increase Richardson Bay Park allocation from $l4,OOO~
to $46,000 funded $32,000 (Revenue Sharing) and $14,000 (Park Development).
Under Drainage Improvements--e1iminate Pine Terrace allocation of $32
(Revenue Sharing)
,000
July 23,
Page 1
CITY COUNCIL
The Chair read aloud a letter from 11arg Donnelly Widman author-
izing 1.1r. Rice to speak on behalf of Hr. and Urs. tiidman at
the Council meeting. Hr. Rice stated r.irs. tiidman had
authorized him to \<lithdra,., her appeal if certain conditions set
forth in the letter to the City Council were met. The Chair
stated he was also in receipt of a letter dated July 20, 1973,
appealing the environmental impact report for the proposed
Paradise Estates development, signed by eight parties who did
HINUTES NO
323
1973
1.
PARADISE ESTATES DEVELOPMENT
Action:
Adopted Resolution
554
IV.
Uinutes No. 322 of July 16, 1973, were approved as submitted
on motion of Aramburu, seconded by Sennett.
BUSINESS OF THE
COUNCIL
No
.
322
Minutes No. 321 of July 9, 1973, page 3, paragraph 2, line 5,
were corrected by the Chair to read: It.... a portion of the
lands of Neill Smith. . .11; and paragraph 2, line 10, to
read: "lIr. Neill Smith spoke to the matter." Councilman
Aramburu stated that line 10, page 4, should read: "Absent:
Councilmen: Littman, Sennett. It The Chair stated that Item 13
should reflect that, before the vote, ''''The Chair noted his
concern that a public hearing be scheduled at an appropriate
time before construction. ii On motion of the Chair, seconded
by Sennett, the minutes were approved as corrected.
Action:
Adopted
No
.
321
On motion of Sennett, seconded by Aramburu
June 30, 1973, were approved as submitted.
Action:
Approved as corrected
,
Adopted
I'linutes No.
320 of
NO
320
The Chair stated Hinutes 319, page 4, paragraph 3, should reflect
that a motion by Councilman Becker Itthat pools and tennis courts
be given a business license tax" died for lack of a second;
also, that page 7, Item 14, should state: liTo declare 1974
as Tiburon's 90th Anniversary Year and Tenth Anniversary Year
as an incorporated City." On motion of Sennett, seconded by
Aramburu, l\linutes 319 were approved as corrected
Action:
No
319
Action:
Approved as corrected
PRESENT :'
ABSENT:
EX OFFICIO:
III.
COUNCI Ll1EN
COUNCILHEN
.
.
.
APPROVAL OF MINUTES
Mayor Fanning, ,
Becker
R. L. Kleinert, Ass't City Manager
Richard G. Arjo, Dir. of Community Dev
L. Brunini, Supt. of Public Works
11. Lafferty, Chief of Police
H. Manick, Police Lieutenant
Richard Breiner, Deput.y City ,Attorney
Jasper Strandgaard, Deputy City Engineer
Flo Cox, Acting Hinute Clerk
ArambUru,
Littmafl
Sennett
II.
The regular meeting of the City Council, City of Tiburon, State
of California, was called to order by Mayor Branwell Fanning
at 7:40 p.m., July 23, 1973, in the City Hall Council Chambers
ROLL CALL
I
CALL TO ORDER
CITY COliR~IL
CITY OF TIBURON
July 23
Page 2
,
CITY COUNCIL
On motion of the Chair, and the~=~ being no objection,
reading of the ordinance was w~ived and the ordinance
HINUTES NO.
323
full
was
1973
read
ORDINANCE REPEALTI.JG OPEN
SPACE nORATORIUfl
2
i~tion of Sennett,
Becker absent.
,
Action
Ord.
unanimously,
126 N.
s
adopted
with
as
The Deputy City Attorney asked that a third condition to the
motion be added that the map contain a clear offer to dedicate
Parcel B to the City
amended
carried
The Chair stated that the Resolution should be rephrased to
include: II... subject further to the approval of the City
Engineer for the final approval of the plans.1I
Sennett moved that Resolution No.
additional condition as phrased by
motion was seconded.
554 be adopted, with the
the City Attorney. The
Hr. Arjo recommended that a floating easement not to exceed 20
feet in width as a pedestrian a~cess be added. The Deputy
City Attorney stated that the f::>llo''ling language could be added
to the proposed resolution~ In the thi~d line from the bottom
of City Council Resolution No. 554, after the words, It. . . in
accordance with Section 14-50 of the City Code. . ." the language
to be as follows: H. . . subject to the.subdivider entering
into an agreement with the City of Tiburon, preceding the dedi-
cation to the said City of a floating pedestrian easement across
Parcel A as shown in the final map, not to exceed 20 feet in
width; the location to be determined by the City at such time
as it accepts the dedication. II
The Director of Community Development presented a map to the
Council of the proposed development, stating that the final map
for the development showed 17 lots as opposed to the original 19.
The Chair requested that the minutes reflect that ~tt. Rice
did not attempt in any way to represent any other appellants
or would-be appella.nts.
The Chair stated that the County had some reservations about
the traffic problem as laid out in the EIR; and that the EIR
would not be approved unless it was drawn up correctly.
The motion by Sennett passed unanimously, with Becker absent.
Sennett moved that all the appeals of the EIR for the proposed
Paradise Estates Development be rejected, subject to the co~di-
tions described in the memorandum attached to the agenda, the
item from Pacific Land projects bearing the signature of Marg
Donnelly ~lidman as appellant. The motion was seconded by
Aramburu.
The Chair stated that he
in a single motion.
would prefer that the
Councilman Littman inquired if tile Council could divide the
question, first considering th~ Widman's appeal, excepting the
stipulation that the Widman's counsel had offered, and then
considering the other appeal by the other appellants.
question be kept
The Deputy City Attorney stated that he considered
environmental impact report legally adequate.
the
not agree with the proposed negotiated settlement. He stated
that none of the appealing parties was present, and that the
Widman's withdrawal of the appeal would not prejudice the other
appellants' right to appeal in the future if they so desired.
by title only. The Chair asked if there was a motion to
consider this to have passed the second reading and be adopted
as Ordinance No. 126. Sennett moved that Ordinance No. 126 be
adopted, repealing Ordinances 82 NoS., 87 N.S. and 107 N.S.
The motion was seconded and passed unanimously, with Becker
absent.
3. APPROVAL OF COI'1HERCIAL RESIDENTIAL DEVELOPHENT IN PD ZONE
l1r. Zelinsky stated his desire for relocation of the ark next-
door to the City Hall and conversion of the existin~ arks to
commercial use.
Sennett stated that this would necessitate amending the general
plan. The Chair referred the matter to the Lands and Develop-
ment Committee..
Aramburu suggested that the architect meet with the members
of the Committee to discuss the conditions of the resolUtion.
5. REZONING OF EAVEY PROPERTY RPD-l Action: Ord. passed 1st
TO RPD-2 reading
It was noted for the record that the matter had been continued
from the Council meeting of June 28, 1973.
Hr. Philip Ehrlich stated that he was available to answer
any questions that anyone might have, if it was felt necessary.
He alleged that the Planning Commission instigated this
action because they felt the RPD-l zoning was unjust and dis-
criminatory and this would simply be an adjustment to conform
to an adjacent property. He stated there is ample protection
in the present ordinance and advised that a development plan
of this property was being prepared by Hr. Van Pelt looking
toward a development of a Master Plan to resolve density and
see if he could work out the problem of preserving open space.
It was moved by Sennett, duly ~Gconded, that the ordinance be
deemed to have passed f i.rst :cerlding. The motion passed
unanimously, with Becker absent.
V. PUBLIC QUESTIONS AND CO~n~ENTS
The Chair announced that the Tiburon City Council extended to
Mr. Peter Arrtold, former Parks and Recreation Commission
Chairman, appreciation for his outstanding work on behalf
of the City of Tiburon. Sennett moved that Resolution No. 555
be adopted to this effect. The motion was seconded and
passed unanimously, with Becker absent.
The Chair announced that the Chamber of Commerce of the City
of Tiburon had presented a gift of $200 for the Tiburon
Bicycle Rodeo.
Hembers of the Corinthian Yacht Club, . represented by
u. S. Naval Reserve Commander Elmer Towle, presented a plaque
to the City Council thanking them for their cooperation in
the recent Opening Day of Yachting Season festivities.
RECESS
A recess was taken at 9:25 p.m., reconvening at 9:35 p.m.,
the roll call standing as originally taken.
Aramburu questioned the Deputy City Engineer regarding tennis
court plans. He repl(~~d plans were underway.
CITY COUNCIL HINUTES NO 323 July 23, 1973
Page 3
The 11ayor referred to a letter from Angelo and Louise Hirata
concerning ~le alleged illegal duplex at 2295 Centro East Street.
~.1r. Littman asked that the letter be given to the City Attorney.
BUSnJESS OF THE COUNCIL
4 URGENCY n~TERIH ORDINAL'JCE Action: Ord. 127 N.S. adopted
PROHIBITING THE CONVERSION OF
EXISTING APARTHEl~T BUILDINGS
TO CONDOHINIUHS
The City Attorney stated that the law sets a time limit of
four months for the ordinance, which could be renewed for
eight months, and then one year after notice of public hearing_
i:~. McKinney, representing two of the applicants for condominiums,
stated they did not recognize the source of the authorities
for the passage of the ordinance.
The Deputy City Attorney stated that the Council had the
authority to adopt the ordinance in question.
On motion of Sennett, and there being no objection, full read-
ing of the ordinance was waived and the ordinance was read by
title only.
Littman moved that Ordinance No. 127 be adopted. The motion
was seconded and carried by unanimous vote, with Becker absent.
It was emphasized that the Planning Commission should proceed
as quickly as possible in formulating the Housing Element.
CONSENT CALENDAR
9. TIBURON m~PLOYEES' ASSOCIATION Action: Adopted Res. 557
10. CLAIr.! AGAINST CITY OF TIBURON Referred to City
Atty & Insurance Co.
11. CASH FLOVJ STATENENT (JUNE) Accepted Report
Sennett moved that tile Consent Calendar be approved. The
motion was seconded and passed by unanimous vote, with Becker
absent.
6. REVISION OF HORSE LICENSING ORDINANCE Action Ord. 128 adopted
On motion of Sennett, duly seconded, and there being no objec-
tion, full reading of the ordinance was waived and the ordi-
nance was read by title only. It was moved by Sennett to
adopt Ordinance No. 128 N.S. The motion was duly seconded and
carried:
AYES: COUNCILI-lEN: Aramburu, Fanning, Sennett
NOES~ COUNCILI-lEN: Littman
ABSENT: COUNCIU,IEN : Becker
7 DESIGNATION OF HISTORIC LANDMARKS Action: Ord. 129 N.S. adopted
On a motion by Sennett, and there being no objection, full
reading of the ordinance '1as waived and the ordinance was read
by title only. Littman stated his opposition to the Ordinance,
claiming the ordinance would delegate too much power to the
Landmark Advisory Committee to designate historic landmarks,
possibly interfering with the right of property owners to develop
their property as they planned.
Sennett moved that Ordinance No. 129 N.S. be adopted. The
motion was seconded 0 Littman then moved to amend the motion so
as to provide that the Tiburon Landmark Advisory Committee
CITY COUNCIL i-iIHUTES NO. 323 July 23, 1973
Page 4
be composed of members of the Council of the City of Tiburon,
and create a subcommittee of persons to advise said committee
as to what should be designated as a landmark. The amendment
was seconded.
The City Attorney stated tilat if the amendment were adopted,
the entire ordinance would have to be revised.
Question was called, and the motion to amend failed:
AYES: COUNCILUEN~ Littman
HOES: COUi~CILl1EN : Fanning, Sennett, Aramburu
ABSENT: COU!:1CILHEN : Becker
Question was called, and tile motion to adopt Ordinance 129 N.S
carried:
AYES: COUNCIL1IEN ~ Aramburu, Fanning, Sennett
NOES: COUNCILHEN: Littman
ABSENT: COUNClLilEN :: Becker
The Chair requested that the members of the Council submit
recommendations for membership in the Tiburon Landmark Advisory
Committee; and also that a letter be drafted to the Landmark
Society suggesting that citizens of the City of Tiburon suggest
names of Tiburon citizens to serve on the committee.
8 RING BOUNTAIN AREA - RESOLUTION OF Action: Res. 556 adopted
THE CITY COUNCIL RECOl\~lENDING THAT
THE COUNTY OF I.1ARIN CONSIDER OPEN
SPACE REQUlREBENTS FOR THE RING 1.iOUNTAIN AREA
lir. Beacock, representing Hro Thomas Deffebach, said Hr. Deffebach
had made an offer to meet with a citizens' committee concern-
ing development plans.
Sennett moved that the City of Tiburon, by Resolution No. 556,
advise the Board of Supervisors of the City of Tiburon's endorse-
ment of the recommendation of Supervisor Wornum that a citizens'
committee be appointed from the cities of Tiburon, Corte Uadera,
and tile community of Strawberry, to plan .the open space and
zoning functions of the Ring Mountain area, and that no applica-
tions for permits to develop any part of the Ring ~lountain area
be approved by county authorities until the recommendations of
tilis committee have been prepared and considered by the county.
Question was called on the motion to adopt Resolution 556, and
the motion carried:
AYES: COUNCILllEN: Aramburu, Fanning, Sennett
NOES: COUl"J C I LX lEN : Littman
ABSENT: COUNCILHEN: Becker
12. AN1~UAL POLICE REPORT 1972-1973 Action~ Accepted report
The police report was accepted and the Chair complimented Chief
Lafferty on the completeness of the report.
14. CLAIHS REGISTER Action: Adopted Register i108
Sennett moved that the Register of Claims No. 108 be adopted.
The motion was seconded and passed with a unanimous vote, with
Becker absent.
VI. ITEMS NOT ON THE AGENDA
The Chair requested the Assista~t City Hanager talk to Ranger
Herald of Angel Island to determine their parking requirements
as the Park Rangers require parking space for their vehicles
and some provision would have to be made for space.
CITY COUNCIL HINUTES NO 323 July 23, 1973
Page 5
The Chair inquired as to the progress of the Reserve Police
program. Chief Lafferty replied that the force had one fu11-
time reservist. ,qho had been quite effective, and the police were
attempting to enlist more reservists.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Action: Adopted
TIBURON ACCEPTING G&~~T DEED Res. 4i 558
The Director of Community Development presented a Grant Deed for
acceptance by tile City of the Drady-Norwitt property. Resolu-
tion Ho. 558 was unanimous ly adopted, ''lith Becker absent.
VIlo EXECUTIVE SESSION
At 11:30 p.m., the Chair adjourned the meeting ninto Executive
Sessiono
VIII. ADJOURNflENT
The Executive Session was adjourned to Thursday, August 2nd,
1973, for a budget hearing.
/! e&
.~~ t-/
BERT BA] ~ llanager ICIer]
J ,
APPROVED BY THE CITY COUNCIL OU:
?~ , 1973.
?
CITY COUNCIL UINUTES NO 323 July 23, 1973
Page 6
30
July J:t
Page 1
,
1973
CITY COUNCIL
In response to a question by Sennett, ilr. Savage stated they
do not intend to create beaches, but the shorelines ,,,i1l be
left in ti1eir natural state. In response to a question about
automobiles, i.lr. Savage stated they have provided for 150
spaces for automobiles, which is the number the Commission
requested as they did not t~ish to attract automobiles to the
area.
HINUTES
i~O
324
In response to .l-'1r. Gray's question about vegetation, I1r. Savage
stated basically the vegetation would be natural, maintaining
the character of the parle.. The arboretum ,"1ill consist of
native plans. He stated they are not proposing to change the
natural land, and areas ,,,here grading is necessary will be
given as natural contours as possible
In response to a question by Hr. Gray, Ilr. Savage stated their
plans took into consideration the areas that could take more
physical activity as opposed to tile natural environmental
areas.
In response to a question by i\lr. Gray, Ilr. Savage stated it
would have been preferable to have the highway located farther
north than as proposed because of the visual and noise impact.
Houever, he stated the location of Tiburon Boulevard allo~'led
for the provision of a buffer zone and a natural area.
11r. Kagi presented slides of ~~e site and of
revi~ved the plans for tile audience.
Haster Plan and
the
The Chair introduced !Ir. Gary Gray, chairman of the Parks and
Recreation Commission, 1;'1110 then reviet~ed the l1aster Plan for the
lineal park.
The Chair revietved the history of the park and Phase I of tile
plans, t,,11ich uas presented at a public hearing on December 5,
1972. He stated revisions were made as a result of that
meeting, and Phase II uill no~' be presented this evening. He
uelcomed i-lr. Girvin Uai t, a member of the Belvedere Parks and
Recreation Commission.
The Chair stated the purpose of the meeting t.-las to receive a
report from the Parks and Recreation Commission and from
Sasaki, Halker, consultants, represented by ~Ir. Edt'lard Kagi
and Hr. Terry Savage.
RICHARDSOn
BAY LINEAL
PARK
ABSENT:
EX OFFICIO
III
BUSINESS OF THE COUNCIL
~-layor Fanning,
Littman (8::45)
Becker
R. L. Kleinert, Ass't City .Hanager
Richard Arjo, Director of Community Dev.
Louis F. Brunini, Supt. of Public Works
Phil V. Scott, Ass't Dir. Community Dev
Hellen K. Hecht, .!:linute Clerk
COUJ.1CILdEi-J
i
PRESEi~T
COUNCILZlEd:
Aramburu
t
Sennett
II
A special meeting of the City Council, City of Tiburon, State
of California, was called to order by IIayor Branvlell Fanning at
8 ~ 10 p.m., July., 1973, in the l'lusic Room of the Del lIar
School. 30
ROLL CALL
I
CALL TO ORDER
CITY COUHCIL
CITY OF TIBURON
f1INU'l.'ES NO.
324
:30
July ..
Page 2
,
1973
CITY COUNCIl.
Hr. Robert Hayne urged consideration be given to ,,,hether the
park will primarily be oriented fur adults or for children.
Hr. Girvin Naite of the Belvedere Parks and Recreation Com-
mission stated they are presently involved with plans for the
blackberry maze, and they are desirous of conforming their
plans with Tiburon's. Itrs. Elizabeth Terwilliger urged the sand
area above the water level not be disturbed as groups of
children currently enjoy that area. She suggested consideration
be given to ponding an area ~n1ich would attract migratory water
fowl.
ltrs. Phyllis Ellman spoke in support of the plan. In response
to a question by ~lr. fmyne Lee about the proposed elevation and
realignment of Tiburon Boulevard, the Chair stated there
will be public hearings held in this matter.
l-~. Allan Thompson spoke in support of the plan.
whether the Auuubon Society had been contacted.
stated the boat ramp had been eliminated because
sanctuary.
He questioned
Hr. Savage
of the bird
~lr. Toby Darrow of the Tiburon Baptist Church questioned the
effect of the plan on the entrance to Tiburon Boulevard from
Greenwood Beach Road. The Chair stated Greenwood Beach Road
will be cul-de-sacked and there would be no entrance at that end
of the highway.
Former ZIayor John Hoffmire, on behalf of the Tiburon Peninsula
Foundation, spoke in favor of the multi-purpose building.
I'~. Paul Gliebe, president of Little Reed Heights Property
~"ners Association, spoke in support of the plan. In response
to questions about the financing, the Chair stated this aspect
has not yet been considered by the Council, but any figure consid-
ered will be based on long-range plans.
Hr. Don Tayer spoke in favor of the plan and the revisions
which the consul tants made. Ilr. Alvin Kuhn questioned ,,,hether
the park \"ill be for high-intensity use or lot.' intensity. He
suggested the citizens be given an opportunity to review plans
witil a more natural, low-intensity design. He questioned
maintenance costs for the proposed park.
Fanning spoke in favor of the open-air auditorium, but questioned
tile advisability of its facing Tiburon Boulevard because of
the possible hazard to passing motorists who might slow down
to 't'1atch. llr. Savage stated the park could make this road
one of tile great waterfront drives of the world. In answer to
a question by Fanning, Ur. Savage stated the bicycle path ,.,i1l
not be realigned, but a series of paths have been designed
throughout the park. Fanning reminded the consultant that
a tot lot is being constructed on the other side of Trestle
Glen, and therefore it may not be necessary to construct a
second one in the park.
In response to a question by Littman about the auditorium,
llr. Savage stated the specifics ..)f this building 'tllill have to
be decided on by the City of Tiburon, and they are just dealing
\"1i th a concept.
Aramburu supported tile park as meeting the needs of the youth
in the cormnuni ty. Littman questioned Hheti1er the park Has
overdesigned so as to attract large numbers of people from
outside of Tiburon. He suggested consideration be given to
more rural, natural design. In response to a question about
regulation-size soccer fields, 11r. Ragi responded the area is
there should the City uant regulation fields.
The Chair accepted the report on behalf of the Council, and
r~anded the matter back to the Parks and Recreation Com-
mission for further reviffiv of priorities, to be returned to
Council for budgetary consideration.
IV. ADJOURi'1HENT
The Chair adjourned the meeting at 10:00 p.m ire.
2Ih. ~
. AS; t ty Hanager
L. KLEI E:
APPHOVED BY THE CITY COUi-.JC IL Oi-J:
~uL/ 1/ ' 1973.
3D
CITY COUNCIL I1INUTES NO. 324 July., 1973
Page 3
CITY COUNCIL
CIlY OF TIBURON
I. CALL TO OnDER
An adjourned meeting of the City Council, City of Tiburon, State of California, was
called to order by ! ayor Branwell Fanning at 7: 5S P.1 1., August 2, 1973, in the City
Hall Council Chambers.
II. ROLL CALL
PRESEl'Tf : COUNCIINEN: r-,layor Fanning, Aramburu, Becker, SeIUlett
ABSENT: COUNCII11EN: Littman
EX OFFICIO: Bert Balmer, City ;.jmager
R. L. IGeinert, Ass' t. City !lanager
Louis Bnmini, Supt. of Public Horks
i Iaurice Lafferty, Chief of Police
III. BUSINESS OF TIE COUNCIL
1. Review of 1973-74 Preliminary City Budget
Mayor Farming declared the continued hearinB of the proposed 1973-74 Preliminary
City Budget open for discussion and consideration by the City Council. He
stated all of the department budget allocations had been individually reviewed
by the Council previously and this mcetinr; would focus in on a final overall reviel-l
of the proposed budget and the projected tax rates for the general fund and open
space bond redemption.
The City r. "anager requested the Council to revise the proposed budget ACCOWlt 13
(Police) by deleting the $3,480,00 allocation for the Community Service Officer.
He further requested COtnlcil to revise AccolUlt 03 (General Expense) by increas-
ing Item B-24 (Liability) by $1,275 for increased umbrella insurance and also
increase Item B-24 (Group Uedica1) from C12,400 to $13,600 for the cost of the
employees Group Life Insurance.
1 lotion by Sennett, seconded by Becker, that in Account 13 (Police), Category B ..
I,iaterials, Supplies & Services be reduced by ~)3,SOO.
Aramburu questioned Chief Lafferty concernin3 the justification and effect of
such a reduction on the department's operation. Sermett specified that increases
in certain line items under materials and supplies as his reason for the suggested
reduction. Chief Lafferty explained each line item increase in tltis year's
budget compared to last year's budget. Becker suggested deferring the proposed
reduction. SeIUlett then lvi thdrel'J the motion and Becker \-li tl1drew his second.
Employee l~age ~ Fringe Benefit Request
layor Fanning outlined the City rIanager's previous reconrrnendation for a 5% cost
of living increase for all employees. The Ci ty ~ Ianager stated that based upon
the Jtme 1972 to June 1973 cost of living index that he Nas revising his recommen-
dation to 6%. Fanning stated tilat tile Employees Association had previously
indicated their desire for specific position increases, rather tllan a blanket
increase. The City I-ianager outlined a cost comparison of increases based on salary
adjustments by position, as opposed to an across-the-board increase. TIle projected
difference amounted to less ~tan $250 for 1973-74.
The City r'~anager stated an across-the-board 6% increase to all employees would
amount to approximately $23,100 for 1973-74. TIle increase of fringe benefits would
amount to approximately $4,700 for a total of $27,700 to be funded from the allocated
reserve.
I lotion by Becker, seconded by Aramburu tl:at a 6% across-the-board cost of living
increase be granted to City employees. Question was called and the motion carried
AYES: COUNCIU\jEI! : Becker, Aramburu, Sermett
NOES: COUNCIU iEN: Fanning
ABSENT COUNCIil !EN: Littman
.,J -
CITI COUNCIL ar\UTES #32~ August 2, 1973
Page 1
Fanning stated his reason for votinr.: no on t! ~c cost of living increase Has
because he considered it l'Jould be more equitable to grant adjusted raises to
specific employees rather than an across-the-board increase.
The City {,lanager stated that he lVould consider possible future reclassification
and evaluation of those employees lvhich were not adjusted in January of this year.
i lotion by Sennett, seconded by Aramburu, that a resolution providing for a 6%
cost of living increase to the City ~ .anager be prepared and presented to the
Council at their next regular meeting. Question was called and the IJotion carried:
AYLS: COUNCILi !EN: Farming, Aralilburu, Becl:er, Sennett
NOES: COUNCIL LEN : None
ABSENT: COUNCIH.IEN: Littman
Final Consideration of Proposed Budget
Sennett indicated he was willing to accept tJ 1e proposed budget as amended except
for Accotmt 13 (Police) l'1hich he felt l'larranted a reduction.
dotion by Sennett, seconded by Fanning that Account 13 be reduced by $3,500.
Becker moved for a substitute motion, seconded by Aramburu, that Account 13 (Police)
be reduced by $3,500 in whichever line item or category staff selects. Question
l'laS called, and the motion failed:
AYES: COONCILi,lEN : Aramburu, Becker
NOES: COUNCILI:lEN: Fanning, Sennett
ABSEI\1T : COUNCIU1EN: Littman
The Question on the main motion l'laS called and the motion failed:
AYES: COUNCI U..1HJ : Fanning, Sennett
NOES: COln~CILi.1EN : Aramburu, Becker
ABSENT: COUNCIU, EN: Littman
Open Space Bond Redemption
;.Iayor Fanning questioned staff concerning the possibility of using the interest
from bond proceeds for the bond redemption payments. The City. lanager indicated
only that interest 'which has been accrued prior to the adoption of the City tax
rate can be utilized for this purpose. Fanning suggested tllC proposed bond
redemption tax rate be reduced from 22, to possibly 15,. Sennett stated he would
agree to a certain amount of the interest bein.c applied to the bond redenption
payments, however, he felt the proposed 224; rate ,."as fair to the taxpayers and
tile interest revenue could be applied for additional land acquisition.
l lotion by Sennett, seconded by Becker requesting the proposed rate for the General
Fund to be 73.5, and the cond redemption rate to be 22~. Question was called,
motion carried:
AYES: COUNCIIl iEN: Aramburu, Becker, Sennett
NOES: COUNCIINEN : Fanning
ABSENT : COUNClLi !EN: Littman
i.lotion by Fanning, seconded by Semett t!lat tLe proposed 22ct rate for the bond
redemption be further reduced to IS,. Question was called and t1~c motion failed:
AYES: COUNCIU.1EN : Fanning
NOES : COUNCII1,lEN: Aramburu, Becker, Sennett
ABSEI\l'f : COUNCII1:JEN : Littman
IV. EXEaJTIVE SESSION
At 9:30 P.ll., the Chair adjourned the meeting to Executive Session to discuss City
appointments. (Councilman Littman \'Ias in attendance for the Executive Session).
v. ADJOURNi iENT
At 10:25 P.L., the Chair declared the meetinE adjourned sine die~
~ e VYU1' / .erk
:i ty i anager I
APPROVED BY THE CITY COUNCIL OlJ:
~. 1973 s- August 2, 1973
CITY COUI JelL aNl.JTES #324 Page 2
CORRECTED MINUTES
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 Branwell Fanning at
7:45 p.m., August 13, 1973, in the City Hall Council Chambers.
II. ROLL CALL
PRESENT: COUNCIL11El~ :: Hayor Fanning, Becker (8:06), Littman,
Sennett
ABSEHT: COUNCILllEN: Aramburu
EX OFFICIO: B;',;;;J:.t Balmer, City Hanager
R. L. Kleinert, Ass't City Hanager
Jesper Strandgaard, Deputy City Engineer
Richard G. Arjo, Dir. of Community Dev.
Robert I. Conn, City Attorney
Lt. Hike Banick, Police Department
Phil Scott, Development Administrator
Louis F. Brunini, Supt. of Public Works
Hellen K. Hecht, Hinute Clerk
III. APPROVAL OF MINUTES
Approval of Hinutes 323 and 324 was continued.
IV. BUSINESS OF THE COUNCIL
1. AHENDED PRECISE PLAN Action: Adopted Res. 559
FRED ZELINSlcr
The Director of Community Development presented the amended
Precise Plan to the Council. Sennett reported the Lands and
Development Committee had met with Mr. Zelinsky and had ascer-
tained the Council had previously approved a commercial and
retail use for the building at l2C llain Street, and they found
a tennis shop to be in conformity with this approval. He stated
the committee felt the relocation and reconstruction of the
other arks could be dealt with by separate resolutions when
plans are finalized.
It was moved by Sennett, seconded by Littman, to adopt Resolution
No. 559 adopting a PD Precise Plan for 120 I.lain Street.
In response to a question by ~~. Fred Zelinsky, the Chair
stated future plans for the arks should be presented to staff
and Council, and if there are no substantial changes in use
from that shOl-Tn in the Uaster Plan, they could be handled at
staff level.
Question was called, and the motion to adopt Resolution No. 559
carried:
AYES: COUNCILHEN~ Fanning, Littman, Sennett
NOES: COUNCI IJ..lEN : None
ABSENT: COUNCILHEN: Aramburu, Becker
CONSENT CALm~DAR
The Chair referred to the Consent Calendar consisting of the
following items:
16. SENIOR CITIZENS' 1973-74 CONTRACT
17. P.E.R.S. SURVIVORS' Bm~EFITS - Resolution 565
18. UPPER RACOON IJUJE - Agreement, Resolution 566
19. APPEAL FROI-1 DECISION OF BOARD OF ADJUSTaENTS I ACTION
DENYING A VARIANCE - continue to September meeting
CITY COUNCIL I.IINUTES NO. 326 August 13, 1973
Page 1
August 13
Page 2
AYES:
I-JOES :
ABSENT:
CITY COUNCIL
COUNCI~IEN
COUNCILHEN
COUNCILI.ffiN
.
.
.
.
Becker,
None
Aramburu
HINUTES NO.
326
,
1973
Fanning,
It was moved by Sennett, seconded by Littman, that the appeal
from the Planning Director's statement of Negative Declaration
be denied upon the condition that, (a) in the event the appli-
cant intends to process agricultural products, said proposed
processing shall require an environmental impact report; and
(b) in the event the applicant intends to improve said property
in any respect, said improvements shall be subject to an
environmental impact report. Question was called, and the
motion carried:
Littman
,
Sennett
1a. is agreement to the Council's attach-
ing hat the density be the same with the
new e R-l zoning.
Ann Tellis
Former Hayor Denis Rice; Hiss - 1'" L.., a teacher a t Red~lood
High School; and Hr. Robert Buckstone, president of the Tiburon
Ridge Association, spoke in support of }~. Smith's proposal
and urged the appeal be denied.
Neill Smith indicated h
a condition requiring t
zoning as it is with th
~~. David WinSlow, representing himself and owners of land
surrounding ~le Smith property, spoke in opposition to pre-
zoning the Smith lands to A-2. Mr. Vernon" Dahlman questioned
whether the A-2 zoning wouldn't permit a much higher density.
The City Attorney advised no structures are permitted in A-2
zoning, with the possible exception of a barn, which could be
considered accessory to agricultural use.
The Director of Community Development reported he held a hearing
on July 20, 1973, on the Declaration of Negative Environmental
Impact, with the Negative Statement of Impact being declared
He stated five persons are now appealing.
& 4. NEILL SMITH - DECLARATION Action
OF NEGATIVE ENVIRON~mNTAL Ir~ACT.
APPEAL.
Appeal denied, Ord
131 N.S. adopted
3
.
130 &
Sennett presented the request of Ur. Phil Ehrlich, who repre-
sents Hr. Eavey, that this matter be continued to September ~t1uate
in order that they may have an opportunity to ~ plan~ being prepared by
,~~ JIJ~.ill.~-:e('JIrT.RJzaGe;.""...ffte~~.uhich --d6Wl!16.t-"u'_~6L af I1r .Van Pelt, which will
Eil'U'f~!t I B "land could go forward under .the.-PJ:89GRt. aGa iR~ &!U",.1 ...l-\ or demons tra te the
op-aa spaee"oonsiderations in the open space ordin'anee"~COtt-ld". still method by
.. ..ki.a:eil. which development of Mr.Eavey's land could go forward under the proposed
amendment with the Open Space considerations in the Open Space Ordinance still being achi-
There being no objection, the Chair directed the matter continued eved.
to September 24. Sennett agreed to contact Hr. Eavey to advise
him of Council action and to request that the demonstration
plans be made available to the Council before the 24th hearing
date.
REZONING OF EAVEY PROPERTY Action:
RPD-l TO RPD-2 Sennett advised the Council
be continued to September 24th
An ordinance entitled AN ORDINAl~CE OF
REZONING LANDS OF EAVEY FROU RPD-l TO
reading and adoption.
THE CITY OF TIBURON
RPD-2 came on for second
Cont
of his
'd to Sept.
request that
24
this
ma tter
2.
AYES:
i~OES ::
ABSENT:
COUNCILHEN
COUNCILL:IEN
COONC IL.~:Eli
Fanning,
None
Aramburu
,
Littman
Becker
,
aotion of Sennett, seconded by Littman, to adopt the Consent
Calendar consisting of Items 16, 17, 18 and 19, with the recom-
mendations of the staff as contained ~lerein, carried:
Sennett
HINUTES NO.
326
August 13,
Page 3
1973
CITY COUNCIL
After discussion, the Chair directed this matter to the Lands
and Development Committee, to work with representatives from
Home Savings and Land and Mr. Zelinsky in an attempt to secure
a Master Plan for tile area.
To a question by Sennett,
Ordinance requires that a
rupted property under one
the City Attorney advised the
l-1aster Plan be presented for uninter-
ownership.
An ordinance entitled Al~ ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TIBURON APPROVING ~mSTER PLAN FOR HOrm SAVINGS AND
LOAN OFFICES AT 1525 TIBURON BOULEVARD, AND SETTING FORTH
CONDITIONS, carne on for introduction and first reading.
HOl.IE SAVINGS AND LOAlJ -
PD I-IASTER Ai'lD PRECISE PLAN
Remanded to Lands &
Dev. Committee
5.
Action
After discussion, Littman withdrew his motion and the Chair
directed staff to research this matter, and noted for the
record it is not the Council's intent that Hr. Smith has to
move from the dwelling on his property.
The City Attorney advised use permits cannot be issued to
permit dwellings in the A-2 zone.
It was moved by Littman that the Council declare its interpre-
tation of A-2 zoning as permitting as a right only one dwelling
within the parcel zoned, and that any other dwellings must be
the subject of a use permit. Upon being advised there are
other properties in Tiburon zoned A-2, Littman revised his motion
as foll~is: That this Council fi~ds in reference to the City
Attorney's statement, that no dwelling unit is permitted in
the A-2 zone without a use permit. .
AYES:
NOES:
ABSENT
COUNCILilEN
COUNC IU.IEN
COUNC ILl IEN
Becker,
None
Aramburu
Fanning
,
Littman,
Sennett
r1otion of Sennett, seconded by Becker, that Ordinance No. 131
N.S. be deemed to have passed second reading and be adopted,
carried
On motion of Becker, seconded by Sennett
objection, full reading of the ordinance
nance was read by title only.
and there being no
was waived and the ordi-
,
An ordinance entitled &~ ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TIBURON REZONING A PORTION OF THE ~~DS OF NEILL Sr'UTH
FRO~l RO-l TO A-2 IN THE CITY OF TIBURON, came on for second
reading and adoption.
AYES:
NOES:
ABSEi'lT
COUNC I LI'iEN ;:
COUI'lC ILEEN :
COUHCILHEN:
Becker,
None
Ararnburu
Fanning
Motion of Sennett, seconded by Becker, that Ordinance No. 130 N.
be deemed to have passed second reading and be adopted, carried:
,
Littman
,
Sennett
S.
On motion of Becker, seconded by Sennett, and there being no
objection, full reading of the ordinance was waived and the ordi-
nance was read by title only.
An ordinance entitled m~ OP~INM~CE OF 1HE CI~Y OF TIBURON
Alilli~DING ORDINANCE NO. 9 N. S. BY ADOPTING PREZONING OF CERTAIN
PROPERTY TO THE A-2 ZONE EFFECTIVE UPON Ai~EXATION TO THE CITY
OF TIBURON, came on for second reading and adoption.
6 AUENDiiENT TO SECTION 15 Action Ord. passed 1st reading
OF THE ZONING ORDINANCE
An ordinance entitled m~ ORDIN~~CE OF THE CITY COUNCIL OF THE
CITY OF TIBURON AX1ENDING SECTION 15 OF ORDINANCE NO. 9 N. S. ,
THE TIBURON ZONING ORDINAL'lCE, BY PROVIDING EXCEPTIONS TO NON-
CONFORIIING STRUCTURES, came on for first reading.
On motion of Sennett, seconded by Becker, and there being no
objection, full reading of the ordinance was waived and the ordi-
nance was read by title only.
It was moved by Becker, seconded by Sennett, that the ordinance
be deemed to have passed first reading.
Littman questioned Section (F) of the ordinance, and stated in
his opinion it is contradictory to Section C-l.
Question was called, and the motion that the ordinance pass
first reading, carried:
AYES: COUNCILHEN: Becker, Fanning, Sennett
NOE S : COUNC IIJ1EN : Littman
ABSENT: COUHCILr1EN: Aramburu
The Chair directed the City Attorney review Littman's concerns
before second reading of the ordinance.
7. ~1END~mNT TO SECTION 11-1 OF THE Action: Continued
ZONING ORDINANCE PROVIDING FOR
LANDSCAPE NAINTENANCE BONDS
An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON N.mND-
ING SECTION 11-1 OF ORDINili~CE NO. g N. S., THE TIBURON ZONING
ORDINANCE, BY PROVIDING FOR LANDSCAPING HAINTENANCE BONDS,
came on for first readingo
Motion of Becker, seconded by Litrman, that the matter be con-
tinued indefinitely, failed:
AYES: COUNCILHEN: Becker, Littman
i~OES ; COUNCILHEH: Fanning, Sennett "
ABSENT: COUNC ILl lEN : Aramburu
The Chair directed this matter continued to the next meeting.
8. TPAC REPORT
The Chair reported the TPAC representative was not present to
furnish a report.
CITY I,1Al~AGER I S UNFINISHED BUSINESS
At the request of the City l-Ianager, the Chair set September 24
for a meeting of the Redevelopment Board for discussion of the
Preliminary Plan of the Redevelopment Project area.
9. NUISANCE ABATEI\l1El~rr - i'IETAL SHED, 21 r1AIN STREET
HILTON HcDONOGH, OWNER
The Chair directed this matter continued to tile next meeting.
10. CONVERSION TO SINGLE-FM1ILY
RESIDm~CE TO DUPLEX
2295 CENTRO EAST
This matter had been continued fro~ July 9 for review by the City
Attorney \'lith Hr. Hicha~l Silverstein, attorney for Hr. and I.lrs.
CITY COill\JC IL i.lINUTES NO 326 August 13, 1973
Page 4
CITY
COUNCIL
r.1INUTES NO
326
August 13,
Page 5
1973
AYES:
NOES:
ABSENT
COUNCILI-lEN
COUNCILI1EN
COUNCILHEN
.
.
Becker
Fanning,
l'~r amburu.
Littman
,
Sennett
Question was called
Becker made a substi~:ute motion, seconded by Littman, that the
budget be reduced by $3500, and that it be left to the discre-
tion of the City tlanager which areas will be reduced.
and the
substitute motion failed
It was moved by Sennett, seconded by Fanning, to amend the resolu-
tion that the budget be reduced further by deleting an addi-
tional $3500 from Account No. 13, being the Police Department
Account.
The City
includes
1.lanager sta.ted the resolution adopting the budget
the budget as amended in the memorandum of August 9
,
1973
11
ADOPTION OF 1973-74 CITY
AYES:
NOES:
ABSENT
COUHCILHEN:
COUNCILHEN' :
COUl\fC ILIIEil :
Ffl.nn.ing
B~cker,
AJ:' :;l.ro.buru
BUDGET
Sennett
Littman
:\.C tion
Res
560 adopted
Question was called en
motion failed:
the motion of Sennett,
as amended
,
and
the
Motion of Becker to
Sennett amE.~ldcd his
recommends th~t the
file an application
ments.
tab1
r~otj.on
O'Vlncr s
for a
e died fc::
seconded by Fanning, that the Council
an1 occupiers of the Harte residence
variance before the Board of Adjust-
lack of a second.
To a question
cannot c1irect
b~"
an
Sennett, the City Attorney stated the Council
applicant to file an application for a variance.
It was moved by Sennett, seconded by Fanning, to accept the report
of staff and the City Attorney attached to the agenda bill and
direct that tile request for variance be filed by the owners and
occupiers of the Har'te residence before the Board of Adjustments.
AYES:
NOES:
ABSENT
.
.
COUNCII,HEN
COUi~CILHEN
COUl~CILHEN
Becker,
:e ann ing ,
Aramburu
I.littman
Sennett
Question was called on the motion of Littman that no action be
taken, and the motion failed:
To Littman's objection that tile substitute motion is inconsistent
with the main motion and therefore is not a substitute motion,
Sennett withdrew his motion.
Sennett made the substitute motion that the Council accept the
report of the staff and direct the Hartes to file for a variance
request with the Board of Adjustments.
After discussion by the Council and a presentation by Hr.
Silverstein, it was moved by Littman, seconded by Becker,
the Council take no action in this matter.
that
Harte, on the report by the Development Administrator that the
existing second d'~elling at 2295 Centro East is an illegal
duplex. The Development Administrator requested the Council
make a decision as to ,~hether it is a legal, non-conforming Use
or an illegal, non-conforming use.
After discussion, question was called on the motion of Sennett to
reduce the police department budget $3500, and the motion car-
ried:
AYES: COUNCILI1EN: Becker, Fanning, Littman, Sennett
NOES: COUNCILHEN: None
ABSENT: COUNCIL.HEN : Aramburu
It was moved by Sennett, seconded by Littman, to adopt Resolution
i'Jo. 560, as amended.
Littman objected to across-the-board increases with respect to
positions where substantial raises were given.
Question was called, and the motion carried~'
AYES: COUNCIL.HEN: Becker, Fanning, Littman, Sennett
NOES: COUNCILl'1EN: None
ABSENT: COONC ILf-lEN : Aramburu
12. ADOPTION OF 1973-74 ANNUAL SALARY PROG~1 Action: Res. 561
It was moved by Sennett, seconded by Becker, to adopt Resolution
No. 561 Establishing the Annual Salary Program for the City of
Tiburon for the Fiscal Year 1973-74. Hotion carried:
AYES: COUNCILl..IEN: Becker, Littman, Sennett
NOES: COUNCILHEN: Fanning
ABSENT: COUNCILHEN: Ararnburu
13. ADOPTION OF 1973-74 CITY r.JANAGER'S SALARY
lIDtion of Sennett, seconded by Becker, to adopt Resolution 562
Fixing the Salary of the City Hanager for the Fiscal Year 1973-
74, carried:
AYES: COUNCILHEJ.~ : Becker, Littman, Sennett
NOES: COUNCILHEN: Fanning
ABSENT: COUNC I Lr.mN : Aramburu
14. NO PARKING AT EAST TERRACE AND REED rou~CH ROAD INTERSECTION
Notion of Sennett, seconded by Becker, to adopt Resolution No.
563 creating a "no parking areaU on the southeast corner of
Reed Ranch Road and East Terrace, carried:
AYES: COUNCILi~1EN : Becker, Fanning, Littman, Sennett
NOES: COUNCIL.i.IEN: None
ABSENT: COUNCILHEN: Aramburu
15. RIClU1.RDSON BAY LAND CO. - ACCEPTANCE OF GRANT DEED
f.iotion of Becker, seconded by Sennett, to adopt Resolution No.
564, Accepting the Grant Deed, carried:
AYES: COUNCILIIEN: Becker, Fanning, Littman, Sennett
NOES: COUNCILHEN: None
ABSENT: COUNCILI1EN: Aramburu
v. EXECUTIVE SESSION
At 11:40 p.m., the Chair adjourned the meeting into Executive
Session.
VI. ADJOURNr.mNT
At 11:15 p.m., and there being no further business to come before
the Council, the Chail.. adjourned t...le meeting sine die.
A~J,'~ f-tJY. ; Uanager/Clerk
BERT BALI] " C
A NCIL ON:
~I , 1973.
- --
B
COUNCIL I1INUTES NO 326 ~g~~s5 13, 1973
CORRECTED MINUTES
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 Hayor Branwell Panning a~
7 :45 p.m., August 27, 1973, in the City Hall Council Chambers.
II. ROLL CALL
PRESEift' : COUNCILHEH: Mayor Fanning, Becker, Li~tman (8:00),
Sennett
ABSENT: COUi'ICIUvIEN : Aramburu
EX OFFICIO: Bert Balmer, City Hanager
Richard H. Breiner, Deputy City Attorney
Jesper C. Strandgaard, Deputy City Engineer
Richard Arjo, Director of Community Dev.
Phil Scott, Development Administrator
Louis F. Brunini, Supt. of Public ttorks
Hellen K. Hecht, Minute Clerk
III. APPROVAL OF UlNUTES
No. 323 Action: Approved as corrected
It was moved by Sennett, seconded by Becker, to adopt Minutes
No. 323 of July 23, 1973.
Sennett corrected Minutes No. 323. The Chair directed the
minutes be retyped with the respective corrections, noting that
the regular minute clerk was absent, and requested staff send
corrected copies to the Councilmen.
Nos. 324, 325, 326 Action: Continued
IV. BUSINESS OF THE COUNCIL
1. PD l1ASTER PLAN AND PRECISE Action: Ord. passed 1st reading
PLAN APPROVAL
1525 'l'IBUR01~ BOULEVARD
HOl.1E SAVINGS & LOAl~, APPLICANT
An ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF '1'IBURON APPROVING r-mSTER PLAN FOR HOllE SAVINGS AND
LOAN OFFICES AT 1525 TIBURON BOULEVARD, AND SETTING PORrH
Ca~DITIONS came on for introduction and first reading.
Sennett reported this matter had been continued from the
meeting of August 13th in order that the Lands and Development
Committee could meet with representatives from Home Savinqs
and Hr. Zelinsky in regard to the requirements of a Haster
Plan for the area. He stated they are working on a Master Plan,
and in the interval the committee recommends the proposed ordi-
nance be adopted with the conditions outlined therein in order
that Home Savings could protect their water rights. He stated
by this ordinance Council is merely approving the use of the
site in question for the proposed purpose, and the ordinance
does require the submission of a Master Plan for the entire
area.
In response to a question by Becker, the Director of Community
Development advised the applicants were given a negative
Declaration of Environmental Impact by the Planning Commission.
On motion of Sennett, seconded by Littman, and there being no
objection, full reading of the ordinance was ,,,aived and the
ordinance was read by title only.
CITY COUNCIL HINUTES NO. 327 August 27, 1973
Page 1
CITY COUNCIL
!J!:i:NUTES NO.
327
August 27,
Page 2
1973
Upon the advice of the Mayor of Belvedere, tile Chair directed
this matter continued to September 11th as the agreement before
the Council is not the agre~ment approved by the Belvedere City
Council.
BELVEDERE-TIBURON JOINT
POLICE C01:I1"1UN ICAT ION S AGREEi-lENT
5.
There being no objection, the Chair set the date of September 11
for the show cause hearing for the nuisance abatement.
4.
The Director of Comm'_'.nity Development (jtat(..~ Mr. Fred Zelinsky
has requested the City give directicn in regard to his ark at
88 Main Street. The City Attorney advised a bu~ldin9 permit
would be needed in order to raise and restore the building.
He stated requests for approval for specific additional uses
would have to come before the Council.
IV. BUSINESS OF THE COUNCIL
NUISANCE ABATEf.jENT - NETAL SHED Action: se:r-for Sept. 11
21 lvIAIN STREET
~fIL'1'o..~ ~1cDONOGH, OHNER
v.
There being no object.ion v th~ C~l:1ir directed this ma1:t:er con-
tinued to Septembor 11, at vJ"hich time all mf?.mbers of the
Council will be present.
ITEHS NOT ON THE AGENDA
ZONING ORDINANCE Ar.lENDr.~lliT
SECTION 11-1
J.
AYES:
NOES:
ABSENT:
COUNCILllEN:
COUNCILNEN:
COUNCIIJ.'IEN :
Becker,
N':)ne
l\ramburu
Acti.on :
Cont'd
to
Sept.
11
Fanning,
140tion of Sennett, seconded by Becker, that Ordinance 132 N.S.
be deemed to have passed second reading and be adopted, carried
Littman
,
Sennett
.
.
On motion of Becker, seconded by Sennett, and there being no
objection, full reading of the ordinance was waived and the
ordinance was read by title only.
After discussion on tile effects of the ordinance, the Director
stated any structural changes requiring a building permit
would still have to go before the Board of Design Review.
The Director of Community Development stated the City Attorney
has responded to Littman's concern at the August 13th meeting
that Section (F) is consistent with Section (C) of the ordinance.
An ordinance entitled k~ ORDINA1~CE OF THE CITY COm~CIL OF THE
CITY OF TIBURON AHEl~DING SECTION 15 OF ORDIl~ANCE NO. 9 N.S., THE
TIBURON ZONING ORDINANCE, BY PROVIDING EXCEPTIONS TO NON-
CONPOmlING STRUCTURES, having passed first readinq, came on
for second reading and adoption.
ZONING ORDIl~ANCE AHENDr.lENT
SECTION 15
2.
AYES:
NOES:
ABSENT:
COUl~CILUEN
COUNCILHEN
COUNCILllEN
Fanning,
Becker
Aramburu
Action
Ord.
132 N.S.
adopted
Littman,
Hotion of Sennett, seconded by Littman, that
deemed to have passed first reading, carried:
Sennett
the ordinance be
CITY
CO~JNCT.T..J
H.lN~TI'3S
~~o.
327
August 27,
Page 3
1973
AYES:
NOES:
ABSENT
.
.
COUNClr...r<IEN
COUl~CILHBN
COUNCI LHEN
.
.
.
.
B~cker,
Fanni.ng
Ara.lnburll
Question was ce.l] ,.~d 0:.1
carried :
Littman
,
Sennett
the motion of Littman,
The Chair indicated con:~ern this Clm.?n.dncnt could cause a delay
in the siqnin~ of thA ~gr~ement hy the School District, and
therefore directed a si.gned agreement from the School District
be brought back on Sept.(\mber 11 to the Council, amended by
staff, should ther~ b~ objections to the agreement adopted this
evening.
and
the motion
It was moved by Littman,
contain nuch language .s~~:)
Attorney can dra.ft.
se(;n:'1~~d bi" f-".'r:.nett, that the agreement
ca~:'~~'.y out 1:h~.t: intent as the City
Littman rcfe~'rcd .!='"") the c'; :""1.1.' ';i"? gi71.,)'.'] th~ nistrit::t the right
termin~te. en ~};c raY!Jc~:~':: of i-.11e t~it.:: 1 ~:JSr to ~e City, plus
depreCl.atJf~~, t::'.':.t.c..r, ~',.J ~~l1'.::;:,..:-:te:t JA'.1'::.LUr1,.n~ fl:J n terms of
1973 dollars 12 :l'~':" of l1~ l'~~J::E.'.:'n~ :it.. Be:~~\:et" r.;Ug'](?3ted including
the EIR constru'.:,t:iC:":l jv;d0~:: t:('I.:~~.y, which '~'lo~.'1,ld h'~:~J"e the effect
of giving the C1lr=ent. C0:1stl:'t.~.>tio;1 :J/hS'!:: t~o rCI.::...:1ce the courts
with whatever th~ doll.;)r vn:L'lC j.:; at tl~.Tt. .t:ime.
In respo:1se t.:) ~ q.10~~t.:!:::n bJ.~
advised light.s could b.:'~ I:J'.:t .~
constructed.
to
Li t..I~~n:~l, ":.I.1C D'~:~puty City Engineer
:'1 eite]:' the tcc:J.is courts are
With the CO:':lFcnt (",f SC'r'.~..,.e~~t,
"shall OCCl."r v7:'~kd~y,-; l::.t.!r.e't\
_.- - -~.- .-...-
I,iLt:man anende':."l
th€' h :':P"'J of .
the motion
"
" .
to
liThe City shall, exc~pt as hereinafter provided, at all
times during said te~"'m, be entitled to tho exclusive use of
the aforementioned real property for the p"''C'poses herein
expreDscd; and shc~ll have 1. i.ghtr; of ingress and egress
across District's real prope~ty, as delinEated on
Exhibit 'A' I 't.,h.ic~:. is inco)'~por.;1ted h0rein by reference;
pr(.~vidcd, hOHCVC:: 1 thdt D.l r;J;,.!:ici: shall be entitled to
excll1s:t"le Uf.e of the t~':nnis COl'!.l:t.'J at: such times as it
may hav-e Ecb.e.~.ule::]. .tennis i;;~tre.(.t.icn fur its enrolled
student.:: or ':It such i:.;.mes ClS set'),:,! t~-~'urn~rr.3nts may be
scheduled. Ur:e '-.:f th;.~ ~ou.~.tr, b::i .the Dist~ict for
instruction O~ t':Ollr:cam.:n.ts ch~.l'. c-:::c't:::: between the hours
of 8:30 a.ro~ G~i 4:00 p.mc du~i~~ the regular school year,
and bt-.;twe;;;:':;. tho': h:'n:ec .)f '].. no acm. c'nd J. :00 p.m. during
S''1''''''m-..1'' C'!ch,..,.....' ,......j f..t.,...j ",,'- "'r~'" n-.....; '!""y Cit". a re~sonable t-lme
'-\..i.LU,l'_,,&. t>.:J '--'-'.~. :_I..._..J .._........,.:..# ............-"...1..._ rt-i....'..L '. ~ c.::.. ...
in adV2.i1Ce of :~~l.d r'::o'f]c.",r~cd ~3chcdu.lcii use (dates and times)
and sa..id f:iched1:1.~ ~d..:,~:.i b~~ subject to approval by City. n
include
It was moved by Sennett, ~8~ondeJ by Becker, to amend the
Agreement by deleting t.he present lang~age in Section 2,
"Possession., U anfJ. innc..:ti:1g the following paragraph prepared
by the Citi" Att:,.rney
It was moved by Becker,. seconded )y Sennett,
be authorized t:~ sign the as':"eement with the
District.
that the Hayor
Reed Union School
The City 14anager presented ~hc revised proposed agreement for
construction and maintenance of tennis courts to be signed by
the City of Tiburon and the Reed Union School District.
6.
TENNIS COURTS AGREENENT
Action:
Agreement
amended
Question was called on the motion of Sennet.t to amend Sect.ion 2,
and the motion carried:
AYES: COUNCILNEN: Becker I L:L ttman I Fanning, Sennett
HOES: COUNCI'L1:IEN: Norie
ABSENT: COUl~C1tHEl~ : Aramburu
Quest.ion was called on the motion of Becker that th~ 11ayor be
authorized to sign the agreement, as amended, and the mo1:ion
carried:
AYES: COUNCILHEN : Becker, Fanning, Littman, Sennett
1'10ES: COUNCILHEN: None
ABSENT: COUNCILHEN: Aramburu
RECESS
A recess was taken at 8:55 p.m., the Council reconvening at
9:05 p.m., the roll standing as originally taken.
7. 1973-74 TAX RATE Action: Adopted Res. 567 as amended
The City Manager presented a resolution fixing the rate of taxes
on secured and unsecured property for the Fiscal Year 1973-74
at .945 per each $100 of assessed valuation of said property.
Sennet.t. supported the proposed resolution in that it would provide
for a balance with respect to the tax rate in the next few years.
At the request of Sennett, the City Manager gave the figures
projecting the tax rate over the next three or four years on the
basis of the proposed tax rate.
The Chair urged the tax rate for the bond redemption be set at
seven cents, which was the amount he stated was promised to the
citizens at the time of the bond election by the open space
conunittee, which was backed by the City Council, and by the
former mayors of Tiburon in a signed document.
l-lessrs. John HOffmire, Na t r-1arins and Rampton Harvey (r.1r.
Harvey as co-chairman of the Citizens' Open Space Bond Committee)
supported the Chair's proposal for the seven-cent tax rate.
Becker agreed with Sennett that a relatively constant, long-
term, steady tax rate reflects deliberate fiscal planning toward
public goals. He pointed out the bond election ballot indi-
cated the bonds will cost 279 in the tax rate.
Littman urged the City keep its commitments to the citizens, as
represented by Hr. Harvey, and that the rate for the open
space bond issue be approximately seven cents. Sennett stated
it was his impression most citizens were aware it would cost
an additional 279 for the obligation of the bonds. The Chair responded that a
constant rate can be ~maintained at a lower tax level and that additional funds generated
it this time a~e not nece~aa11. . .
n response 0 a ques ~o by Sennett, the C1ty Manager adv1sed
an amend- the tax rate mt1J:i~be set by August 31. However, he stated there
ment to is a pending bill~SB 90, which, if passed, would extend the
deadline to Septem er 14th.
It was moved by Becker, seconded by Sennett, to adopt Resolution
567 Fixing the Rate of Taxes on Secured and Unsecured Property
for the Fiscal Year 1973-74, \-lith the amended figures as
follows: General Fund - .725; Bond Redemption - .167.
Question was called, and the motion failed:
AYES: COUNCILHEN: Becker, Sennett
NOES: COUNCILMEN: Fanning, Littman
ABSENT: COUNCILlvIEN : Aramburu
CITY COUNCIL HINUTES NO. 327 August 27, 1973
Page 4
It was moved by Semlett, seconded by Fanning, that Resoluiton 567
be adopted t-lith the General Fund rate set at .125 arid the Bbnd
Redemption Rate at .115, making a total of $.84.
14otion of Becker that the matter be postponed to a date certain,
which would be the date of the next Council meeting, died for
lack of a second.
To Sennett's reque0t to withdraw his motion, the Chair
requested a vote be taken this F.vening.
Question was called, and the motion carried:
AYES: COUNCILl-iEN: LittmRu, Fanning, Sennett
l'lOE S : COUNCILHEN: Becko:e
ABSENT: COUNCILilEN : Arnrocuru
VI. PUBLIC QUESTIONS M~D CO~~NTS
Anne Ellinwood called the Council's attention to SB 716, the
Conflict-of-Interest Bill now pending in the State Legislature.
She stated this bill could discourage citizens from running for
small local, unpaid offices, und the~efore she would urge
Councilmen write Representative Bagley opposing this aspect
of the bill.
IV. BUSINESS OF THE COUNCIL
8. GOLDEN VIEW HEIGHTS ce:'JDOHINIUI.lS, Action: Res. 568 adopted
TENTAT!VE r.1AP AND F IFJAT..I t,'!AP
The City Hanager presented the application for Tentative and
Final Map approval for ~hG GJlden Vi~w Heights Condominiums.
i'ir. William f4cDevitt., appli\~cnt~, spoke to the project.
Hotion of Sennett, ~'-:-~C0l1dc(l b::. L~.i:tman, to adopt Resolution 568
Approving the Tentc:tt:ivQ and Finf1.1 Hp,p of the Golden View
Heights CondominiuDs, c:l..... .,:'j.nr1.:
AYES: COUNCILHEN: B~cJ'~(I~:- 1 Fanning I Littman, Sennett
NOES: COUNCILHEN: None
ABSENT: COUNCIJ/IE!:J : n.r C..::':l b',l t'u
9. LOWER HACIENDA DRIVE
It \-1as moved by Senn~;tt, se-:-;.::>:ndcd by ~r~cker, that the Council
accept the City Manager's reco~~endations in the ~~enda Bill of
August 27 and direct th~ sta.ff to p~ep.3re and present to this
Council an appropria~e amendment to the Street Policy as pro-
vided therein.
Littman spoke to his p2:evio:ls recom~endation that "the City pay
for the walkway but he questioned whether the City should pay
for the cost of improvement:;:; to the road.
To a question by the Chair, the Deputy City Attorney advised the
City could declar~ the walkway a public street and that it
has prescriptive rights.
After discussion, Sennett withdrew his original motion and
moved, seconded by Becke~~. 1 i:ha t the C it y Attorney be directed
to file a quiet titleJ.ctio~l t.o declare LO\-1er Hacienda as a
public road and that the si:aff be dircct.ed to return to the
Council an appropr:.tl:t:e am2nt3.r~\ent to the City' s street policy
which would permit tha Council to consider including Lower
Hacienda a road in tlv.~ Ci.~:y' S f"Qlect street system so that it
could qualify for Rpprop~iat8 fu~ding.
CITY CQTJNC !.~, UIJ":UTES NO. 327 August 27, 1973
Page 5
At the request of Littman to div~de the motion, Sennett withdrew
his motion, with the consent of Becke'r, and moved, seconded by
Becker, that the City Attorney be instructed to file a quiet
title action Witil regard to Lower Hacienda brive. Question was
called and the motion carried:
AYES: COUNC I L:. '1 EN : Becker, Fanning, Sennett
NOES: COUI'1CILHEN: Littman
ABSENT: COUNCILlIEN : Ar amburu
It was moved by Sennett, seconded by Becker, that staff be
directed to bring to the Council a proposed amendment td the
Street Policy of the City of Tiburon which would allow the
Council to consider amending said street policy to include
Lower Hacienda Drive.
Nith the consent of Sennett, Littman amended the motion to
include that instead of reporting back on Hacienda, staff report
back on a more general category of limited streets.
Question was called, and the motion, as amended, carried:
AYES: COUNCILllEN: Becker, Fanning, Littman, Sennett
NOES: COUNCILlIEN: None
ABSENT: COUNCILHEN: Aramburu
To a qaBtiorl by the City Manager as to what other classifica-
tions than those contained in the present Street Policy the Council
is referring to, the Chair directed Councilmen review the
present Street Policy and communicate their suggestions to
staff.
10. P.E.R.S. SURVIVORS' BENEFITS
An ordinance entitled m~ ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TIBURON AUTHORIZING AN AI-tENOr-lENT TO THE CONTRACT BETNEEN
THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC ENPLOYEES' RETlIm~'1ENT SYSTEN, came on for
introduction and first readingo
On motion of Sennett, seconded by Becker, and there being no
objection, full reading of the ordinance.was waived and the
ordinance was read by title only.
~wtion of Sennett, seconded by Becker, that the ordinance be
deemed to have passed first reading, carried:
AYES: COUNCILHEN: Becker, Fanning, Littman, Sennett
NOES: COUNCILI.IEN: None
ABSENT: COUl'lC IL1>1EN : Aramburu
11. CHANGE OF CITY STREET NAHE
Motion of Sennett, seconded by Becker, that the Council approve
the name change of "Phyllis Driven to "Venado Drive," carried:
AYES: COUNCILHEN: Becker, Fanning, Sennett
NOES: COUI~C I Li.JEN : Littman
ABSENT: COUNC III IEN : l\.rarnburu
13. TAXI SERVICE REPORT AND RECOf-1MENDATIONS
The City Manager reported on the taxi service provided by San
Rafael Taxicabs. After discussion, it was the sense of the
Council tilat consideration should be given to granting a Certifi-
cate of Public Convenience to the Bel Aire Taxi Company, which
would improve the service available to the public.
CITY COUNCIL MINUTES NO. 327 August 27, 1973
Page 6
There being no objection, the Chair directed staff to prepare the
necessary papers and bring this matter back for a publie hearing
to be held at the next Council meeting on whether the Certifi-
cate should be granted to Bel Aire Taxi, in addition to San
Rafael Taxicabs. The Deputy City Attorney advised the t~i
company will be required to file a n~v applioation prior to
this meeting.
12. BEAUTIFICATION OF Do~mTOt~ TIBURON
Becker suggested the matter of the beautification of Do'Wnto\m
Tiburon should be kept on an informal basis, and he would recom-
mend the Council prepare guidelines for the committee to fol-
low. Sennett suggested rather than appointing a committee,
this come under the purview of the Parks and Recreation Com-
mission.
There being no objection, the Chair continued this matter, to
be agendized when the joint meeting with the Parks and Recrea-
tion Commission is set.
POLICE REPORT
The Chair accepted the Police Report. Littman suggested future
police reports break down in more detail the items under
"Hiscellaneouso"
VII. QUESTIONS AND COf.1HENTS
The Chair set Saturday, September 15th, at 9:30 a.m., in the
City Manager's office, for interviewing prospective candidates
for the vacancy on the Parks and Recreation Commission and on
the Board of Design Review.
To a question by Sennett about the cleanup of Hi1arita, the City
Manager stated he has been advised no action can be taken until
the Public Housing Authority meets on September 4th.
VIII. EXECUTIVE SESSION
At 11:45 p.m., the Chair adjourned the meeting into Executive
Session.
IX. ADJOURN I lENT
At 11:58 p.m., and there being no further business to come
before the Council, the Chair adjourned the meeting to Tuesday,
September 11th.
~j1 ~ / /
BERT BAL. R, 14anager/Clerk
APPROVED BY THE CITY COUNCIL ON:
~.-t/ II_d , 1973.
CITY COm~CIL MINUTES NO 327 August 27,1973
Page 7
CITY COUNCIL
CITY OF TIBURON
I. CALL TO ORDER
An adjourned meeting of the City Council, City of Tiburon, State
of California, was called to order by Mayor Branwell Fanning
at 7:43 p.m., September 11, 1973, in the City Hall Council
Chambers.
II. ROLL CALL
PRESENT: COUNCIUIEN: t1ayor Fanning, Becker, Aramburu, Sennett
ABSEl-lT: COUNCILHEN: Littman
EX OFFICIO: Bert Balmer, City Manager
R. L. Kleinert, Ass't City Manager
Jesper C. Strandgaard, Deputy City Engineer
Robert I. Conn, City Attorney
Phil Scott, Development Administrator
Louis F. Brunini, Supt. of Public ltorks
Hellen K. Hecht, Minute Clerk
III. APPROVAL OF rUIIDTES
No. 324
Motion of Sennett, seconded by Becker, to approve Minutes No.
324 of July 29, 1973, carried unanimously, with Becker abstaining_
No. 325
Motion of Sennett, seconded by Becker, to adopt Minutes No. 325
of August 2, 1973, carried unanimously.
No. 326
It was moved by Becker, seconded by Sennett, to adopt Minutes
No. 326 of August 13, 1973.
Sennett made the fOllowing corrections:
On page 2, paragraph 2, under Item 2, the following
should be substituted: .
"Sennett advised the Council of his request that this
matter be continued to September 24th in order that
the Council may have an opportunity to evaluate plans
being prepared by Hr. Van Pelt, which will demonstrate
the method by which development of f.1r. Eavey' s land
could go forward under the proposed amendment with the
Open Space considerations in the Open Space ordinance
still being achieved."
Under Items 3 and 4, paragraph 4, the name should
be corrected to "Hiss Ann Tellis."
There being no further corrections, Ninutes No. 326 were adopted
as amended, with Aramburu abstaining.
No. 327
It was moved by Sennett, seconded by Becker, to adopt Minutes
No. 327 of August 27, 1973.
Fanning made the following corrections:
On page 4, paragraph 7 under Item 7, line 3, should
be corrected to read: "is a pending bill, an amendment
!2 SB 90, whi ch , . . . fI
CITY COUNCIL MINUTES NO. 328 September 11, 1973
Page 1
328
September 11,
Page 2
1973
CITY
Becker objected to the resolution on the grounds
building had a historical ~sage.
COUNCIL
fvlINUTES NO
that
It was moved by Aramburu, seconded by Sennett, to adopt Resolu-
tion No. 569 declaring a public nuisance and ordering its abate-
ment.
the
After further discussion, the Chair requested ~~. McDonogh to
discuss with the City !lanager the date by which the building
should be removed.
Mr. IlcDonogh stated he is in the process of preparing building
plans for the area and he would therefore request no action be
taken until the plans have been processed through the Planning
Commission and the Council.
The City Hanager advised the metal shed at 21 Bain Street is an
illegal structure, both in its use and in its location, and
the matter is therefore before the Council for action on abat-
ing the nuisance.
NUISANCE ABATEHENT HETAL
21 1.iAIN STREET
14ILTON HCDONOGH, OWNER
3
.
AYES:
NOES:
ABSENT
COUNCILI-.1EN
COUNCILUEH
COUNCIL1IEN
.
.
.
.
.
.
SHED
Aramburu
None
Littman
Action:
Fanning
Res.
570& 571 adopted
,
Becker,
,
Sennett
Question was called
It was moved by Sennett, seconded by Becker, that the City Manager
be directed to issue a Certificate of Public Convenience to
operate and drive taxicabs upon the streets of the City of
Tiburon to the Bel Aire Taxi Company~
,
and the motion carried
.
.
The City Manager presented the recommendation of staff that in
order to improve the existing taxi service in the City of
Tiburon, that an additional Certificate of Public Convenience
be issued to the Bel Aire Taxi Company of Ilill Valley, which
would give the city two cab companies operating in the city.
He presented the application of fIr. Bud Hinkle of Bel Aire Taxi
for the Certificate, and stated his application satisfactorily
provided the information required by Ordinance No. 111 N.S.
The City Manager advised through investigation staff bas deter-
mined the information submitted on the application is correct.
He stated the San Rafael Taxicabs, Inc., the present holders
of a certificate, have been notified of this hearing and they
have not protested the granting of the certificate to Bel Aire
Taxi.
2
TAXICAB
CERTIFICATE
Action
Certificate granted
AYES:
NOES:
ABSTAIN
ABSEl~T :
.
.
IV.
COUNCILMEN
COUNCILHEN
COUNCILI~EN
COUl'1C ILl1EN
.
.
.
.
.
BUSINESS OF THE COUNCIL
Fanning,
Becker
Aramburu
Littman
Question was called,
amended, carried:
Se.l.lnett
and the motion to adopt Minutes 327,
On page 4, the following should be added to paragraph 5
under Item 7: liThe Chair responded that a constant
rate can be maintained at a lower tax level and that
additional funds generated at this time are not
necessary."
as
Question was called, and the motion to adopt the resolution
carried:
AYES: COUNCI~IEN : Aramburu, Fanning, Sennett
NOES: COUNCIU'1EN: Becker
ABSEl~T : COUNe ILIIEN : Littman
11otion of Sennett, seconded by Aramburu, to adopt Resolution
No. 570 to Overrule Protests, carried:
AYES: COUNCILHEN: Aramburu, Fanning, Sennett
NOES: COUl-lC ILl4EN : Becker
ABSENT: COUNCIU.1EN : Littman
1. REZONING OF EAVEY PROPERTY Action: Ord. 134 N.S. adopted
An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON
REZONING LANDS OF EAVEY FROB RPD-l TO RPD-2, having passed
first reading, came on for second reading and adoption.
On motion of Sennett, seconded by Beeker, and there beinq no
objection, full reading of the ordinance was waived and the
ordinance was read by title only.
Llotion of Sennett, seconded by Becker, that Ordinance No.
134 N.S. be deemed to have passed second reading and be
adopted, carried:
AYES: COUNCILr.lEI~ : Aramburu, Becker, Fanning, Sennett
NOES: COUNCILNEN: None
ABSENT: COUNCILHEN: Littman
4. APPEAL FROM A DECISION OF Action: Cont'd to Sept. 24
THE BOARD OF ADJUSTMENTS
DENYING A VARlro~CE
1770 VISTAZO WEST
The City Uanager stated this matter has been continued to the
next regular meeting at the request of the applicant.
V. PUBLIC QUESTIONS AND CO~n1ENTS
The City Hanager stated Hr. Zelinsky has requested staff per-
mission to move the ark located next to City Hall to the west
end of the block. He stated plans for the building have not
been approved by the City Council as yet, and he had advised
Mr. Zelinsky that he could obtain a building permit to move
the building but it could not be put on a permanent
structure until plans have come before the Council.
After discussion, and there being no objection, the Chair
directed staff to handle the matter administratively, with the
plans for the ark to come before the Council on Sep~ember 24th.
The City Hanager advised he and the Deputy City Hanager had
met with officials of the State Division of Highways on ~e
matter of the realignment of Tiburon Boulevard through
Blackie's Pasture, and he related their proposed time schedule.
He stated the design work is scheduled to be completed this
fiscal year. The Chair requested staff encourage the Division
of Highways to expedite plans as much as possible.
IV. BUSINESS OF THE COUNCIL
s. BELVEDERE-TIBURON JOINT Action: Continued
POLICE COHr.1UNICATIONS AGREm,'1ENT
The City l1anager presented a revised Joint Police communications
agreement, as submitted by the City of Belvedere. He stat.ed
CI~Y COUNCIL MINUTES NO. 328 September 11, 1973
Page 3
September 11,
Page 4
CITY COUNCIL
An ordinance entitled M~ ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TIBURON AUTHORIZING AN AHENDr-tENT TO THE CONTRACT
BET~'lEEN THE CITY COUNCIL Ai\JD THE BOARD OF ADNINISTRATION OF
THE CALIFORNIA PUBLIC Ef.1PLOYEES' RETIRElIENT SYSTEH, having
passed first reading, came on for second reading and adoption
UINUTES NO.
328
1973
6.
P.E.R.
S.
SURVIVORS'
BENEFITS
Action
Ord.
133
N.
S.
adopted
IV.
In response to questions by Dr. George Ellman and Mr. David
Teather on the status of the Paradise Drive walkway, the City
I~nager advised the Paradise Drive walkway is in the budget;
but the priorities in terms of gas tax moneys are for storm
damage jobs which are now being done, and for the acquisition
of the right-of-way in Blackie's Pasture. As soon as the City
is reimbursed for this money, it can then be spent on Paradise
Drive walkway. He stated another possibility is funds could be
borrowed from the property tax money, which will be available
in November. The Chair directed staff bring this matter back
in November with a recommendation with respect to the funding
of Paradise Drive walkway.
BUSINESS OF THE COUNCIL
V
After discussion, the Chair direc.ced staff to compile all past
information on Lyford TOtler and to determine who the current
property owner is and his location, to report back at the next
Council meeting. .
PUBLIC COIIHENTS
AND QUESTIONS
The City Uanager presented the request by the Belvedere-Tiburon
Landmarks Society for the City to acquire tower property.
12
LYFORD
Sennett withdrew his motion. The Chair directed the matter
continued until I'k. Steinau is able to investigate the matter
further. He stated the Belvedere City Council is in agreement
with the City of Tiburon's original draft, he will sign the
agreement without its having to come back before the Council.
TOWER
Becker agreed to obtain the recommendations of the Chiefs of
Police and copies of past agreements between both cities with
the county, and to report back to the next meeting. Mr.
Steinau agreed to a continuance and to take the matter up fur-
ther with his council.
Aramburu questioned rrr. Steinau whether Belvedere's agreement
with tile county had contained the hOld-harmless clause; and if
it did, he questioned why they wouldn't be willing to have the
same type of agreement with the City of Tiburon.
It was moved by Sennett, seconded by Fanning, that the Council
reject the revised agreement returned by Belvedere and request
that Belvedere approve the original agreement approved by the
City of Tiburon.
The City
included
11anager advised Tiburon's contract with the county
a similar hold-harmless ~greement.
Belvedere objected to changes made to paragraph 6, which
provides for holding Tiburon harmless for any possible errors
the dispatcher might make in the action of dispatching Belvedere
patrol cars. Belvedere ilayor Al Steinau spoke to the agreement.
He stated the City of Belvedere objects to providing insurance
protection for another city, but they would be happy to pay for
any increase in premiums which may result from the agreement.
September 11
Page 5
,
1973
CITY COUNCIL
Sennett requested this matter be se~t to the Lands and Develop-
ment Committee for further study Because of Littman's absence
NINUTES
NO.
328
Becker spoke against the ordinance on the basis that the City
can now require erosion control treatment and developers can
now be held responsible for their actions which can result in
property damage to others. He stated unless language is
clarified, the proposed ordinance dictates taste and what is
planted. The Chair stated the intent of the ordinance is to
provide screening and planting to protect cuts and fills.
Aramburu urged no action be taken on the ordinance until
questions have been answered on the criteria, amounts of bonds,
and further guidelines set forth for the site plan and archi-
tectural approval.
Sennett presented a request by Planning Commissioner Wayne,
Chairman of the Board of Design Review, that the ordinance be
amended to specifically limit the extent of the cash deposit
to a sum not exceeding 25 percent of the cost of materials and
10 percent of the cost of labor.
An ordinance entitled h~ ORDINM~CE OF THE CITY OF TIBURON
~'1ENDING SECTION 11-1 OF ORDIN~~CE NO.9 N.S., THE TIBURON
ORDINANCE, BY PROVIDING FOR LANDSCAPING I1AINTENANCE BONDS,
having been continued, came on now for first reading.
ZONING
Al.iENDltENT TO SECTION 11-1 OF
THE ZONING ORDINANCE PROVIDING
FOR LANDSCAPE ~mINTENANCE BONDS
Action
Continued
8.
The Chair noted for the record he and
Reed Union School District had signed
men t.
Hr.
the
Patterson of the
Tennis Courts _Agree-
A
9
recess
:30 p.m
was taken at 9:22 p.m.
., the roll standing as
the Council reconvening at
originally taken.
AYES:
NOES:
ABSENT
.
.
COUNCIU.IEN
COUNCILHEN
COUNCI LdEN
.
.
.
.
.
RECESS
Aramburu,
None
Littman
Becker,
Motion of Sennett, seconded by Aramburu, that the
authorized to sign the amended agreement which is
the Agenda Bill dated September 11th, carried:
Fanning,
Sennett
f\iayor be
attached to
The Chair reviewed the modifications made to the agreement by
the Reed Union School District, and stated the major area of
concern, the inflation clause, had been omitted and a clause
inserted which would make it impossible for the School District
to terminate the contract and use the tennis courts.
7.
DEL
AYES:
NOES:
ABSENT
BAR TENNIS COURTS AGREEHENT
.
.
COUNCILHEN
COUNe ILr.lEN
COONe ILIl.fEN
Aramburu,
None
Littman
,
Fanning,
Sennett
Becker
Motion of Beeker, seconded by Sennett, that Ordinance No. 133
N.S. be deemed to have passed second reading and be adopted,
carried!
On motion of Becker, seconded by Sennett, and there being no
objection, full reading of the ordinance was waived and the
ordinance was read by title only.
from this meeting, the Chair directed the matter referred to
an ad hoc committee consisting of Sennett and Aramburu, to report
back to the Council.
9. AWARD OF CONTRACT - ~1AR EAST SLIDE REPAIR
Motion of Sennett, seconded by Becker, to approve the bid of
$3,891 from the Carcano-Ve1cich Associates, carried:
AYES: COUNC I LllEN : Aramburu, Becker, Fanning, Sennett
NOES: COUNCILHEN: None
ABSENT: COUNCILI.IEN : Littman
11. CLAIM FOR PERSONAL INJURY
Motion of Sennett, seconded by Aramburu, to reject the claim
from 11indy Kay Klein for alleged personal injury, and referred
to the City's insurance carrier, carried:
AYES; COUNCILHEN: Aramburu, Becker, Fanning, Sennett
NOES: COUNC ILI~IEN : None
ABSENT: COUNCILI'1EN: Littman
10. At'lARD OF CONTRACT, TENNIS COURTS SITE PREPARATION
Motion of Beeker, seconded by Sennett, to accept the City
Engineer's recommendation to receive the low bid of Maggiora &
Ghilotti in the sum of $11,680, carried:
AYES: COUNCILHEN: Aramburu, Becker, Fanning, Sennett
NOES: COUNCILliEN: None
ABSENT: COUNCILNEN: Littman
VI. QUESTIONS
The Chair stated a meeting will be held Saturday, September 15th,
in the City Manager's office to interview candidates for posi-
tions on the Board of Design Review and the Parks and Recreation
Commiasion.
Sennett requested further information on the report of the
Deputy City Engineer that there has been substantial reductions
in Federal funding, and he questioned the impact this would have
on the budget. The City Manager stated should the appeal for
funds be denied, money for storm damage jobs must then come
from gas tax funds. This will require a review of what jobs
must be done immediately and which ones could wait. He stated
staff will present a report on this matter to the Council.
Sennett reminded the Council in November 1972 a meeting had
been held with PG&E on the possibility of undergrounding utility
poles along the highway, and the Public Services Committee had
been requested to be the liaison ~1ith John Hoffmire and the
City Engineer to coordinate this. The Chair requested the
Public Services Committee review this matter.
REPORTS
The Chair accepted the Development Administrator's Report.
VI. EXECUTIVE SESSION
At 10:10 p.m. the Chair adjourned the meeting into Executive
Session.
CITY COUNCIL MINUTES NO. 328 September 11, 1973
Page 6
VII. ADJOURNI>IENT
-
At 10:40 p.m., the Chair adjourned the meeting to Wednesday,
September 12, 1973, at 7:15 p.m.
OJ .7TZL-
BERT BALMl , City Manager/Cl
APPROVED BY THE CITY COUNCIL ON:
Se'Otember 24th , 1973.
\,
CITY COUNCIL MINUTES NO. 328 September 11, 1973
Page 7
(CORRECTED MINUTES--MR. EAVEY'S PERSONAL LETTER
ATTACHED)
CITY COUNCIL
CITY OF TIBURON
I. CALL TO ORDER
An adjourned meeting of the City Council, City of Tiburon, State of California, was
called to order by Mayor Branwell Fanning at 7:25 p.m., September 12) 1973, in the
City Hall Council Chambers.
II. ROLL CALL
PRESENT: COUNCILMEN: Mayor Fanning, Becker, Aramburu, Sennett, Littman
A BaENT: COUNCILMEN: None
EX OFFICIO: CITY MANAGER, Bert Ba1~er, City Attorney, R. Breiner
III. BUSINESS OF THE COL~CIL
1. AGUBMENT TO PURCHASB JJ..Nn Action: Adopted Resolution 571
A resolution entitled I~ reso:ution of the City Council of the City of Tiburon
authorizing execution of agreement to purchase land" came on for adoption.
Sennett informed the Council that final agreement had been arrived at between the
City and property owner to purchase 25 acres of land owned by Henry Eavey for the
price of $232,000, plus costs of escrow, title insurance, real property taxes,
assessments, and documentary transfer tax.
It was moved by Sennett, seconded by Becker, to adopt R~solution 1571, authorizing
execution of agreement to purchase land.
Question was called and the motion carried. to adopt Resolution #571:
A YES : Aramburu, Becker, Fanning, Littman, Sennett
NOES: None
ABSENT: None
Sennett expressed his appreciation to Mr. Eavey for his cooperation in making this
purchase of land possible, pointing out that this was the initial acquisition of
land in the City's open space program.
Mr. Eavey replied that he and his wife were happy to be participants in a transaction
that made it possible for them to make a considerable charitable contribution to the
citizens of Tiburon.
At 7:45 p.m. the Chair adjourned the meeting sine die.
a../7'3-L
BERT BALMER, City Manager/Clerk
APPROVED BY THE CITY COUNCIL ON:
September 24th , 1973.
j
,
- .-
CITY COUNCIL MINUTES NO 329 September 12. 1973
September 24,
Page 1
CITY COUNCIL MINUTES NO
After discussion, it was moved by Littman, seconded by Beeker, to
adopt Resolution No. 572, with the following amendments: The
title should be changed to read, "A RESOLUTION OF THE CITY COUNCIL
OF 'l'HE CITY OF TIBURON ADOPTING AN AI<1ENDED PO PRECISE PLAN FOR
116 THROUGH 120 !-IAIN STREET. II Line three of the resolution
should also be changed to read, "116 through 120 Main Street."
The paragraph under "NOti THEREFORE," should be changed in line 2
to read: ".. .of the a.mended PO Precise Plan with respect
to 116 through 120 Uain Street, according. . ."
.
330
1973
,-
----.:..::.::..:...- --olio '-uc u'==w DUJ.~a1ng,
consideration this evening are the
--- - -...- y... ......,.
and the only matter for
two arks.
Vi
-"i
,~. ~,
I \-!ould like to,.at.:ltttast., ha.e as near verbatim 85 posBil)le
the statement I_ade ,.,(enelos-ed) :150 into your minutes.
. COrdill., J.~T:;7" ,f, ...--:
. . ,../-/,
x ,'. .
r " ,y,':,. ,'/,' / ' ,l.:
i : \
~/-? ,', ..Y
Jjf
v. (.
l~. .
-
1 did !!Isltft)'$omeaad1tl<>nal extempQrane.ous remarks' about
very reoen\ act~~approaoh (S'..tuna1 9/8/73) 'by phone
f r;.')m Los Ange~ea ,represent.ati,.e. Qt ,Japanese intereEt 23
wanted to come up'~ see me thls"eek. 'They were :'~pp1t
fa~i lia.r 'W1 th th&i. property and were talk1ne- in fi:!ur'€L
twice or more than thepr1oe'. I sold to the ai ty.
''fhe
rent1y
at
:.:..DC losed 1 s the exa'~t atatement~1oh .1 rea.d
l>=eet~. np 'When they ,p.t..d to buy ~h.'~rope:rty.
n
'..l.,
at
rrr.:.e
C ''June
j,
1
Desr
Mr
Balmer:
1/
'-
if.
September
13.
1
973
{~~~~
. : .~\ ,~
.r:
~r
l
- 1~~ 1 '
. .
.
"', I~.
of, ~ '
, .
.~ """""" ""~4 ' "'973
"i)e ,tl"~..! ~: G. . f-'::'&; .
~Paqe, 2' -.... '; I:-,~
\.. ,: 'q" .:,':,
CITY COUNCIL
The Director presented the above
presented plan:3 for their reviet'l
APPEAL OF DECISION OF BOARD OF Action
DESIGN REVI~l DENYING CONSTRUCTION
OF RESIDENCE AT 0 MALVINO COURT
20TH CENTURY HOf.1ES, Applicant
HlNUTES NO
appeal to the Council and
He gave the history of the
~330
p
4.
.
.
Appeal denied
The Chair stated
APPEAL FROM DECISION OF BOARD OF
ADJUSTI.1ENTS' ACTION DENYING VARIANCE
1770 Vistazo West - R. F. Shimer, Applicant
this matter has been continued.
3.
After further discussion, the Chair referred the matter to the
Lands and Development Committee, to be brought back at their
earliest convenience.
Fanning
Becker objected to Illustration One which favors gable roofs
because it measures only on the eaves. He stated this gives a
bonus to the gahled roof and penalizes others, thereby setting
up a distinction by style. The Director stated the ordinance
was designed for view lines and not architectural styles.
expressed concern with
the six-foot addition provision
.
Littman objected to situations wherein a building is built
downhill on a slope that is quite steep, and if all of the build-
ing from the lowest point to the highest point is perpendicular,
and is no more than 30 feet, it would then meet the requirements
of the ordinanc2 '.~en though the lowest point on the natural
grade might be GO feet belrny the highest point up the hill.
The Director of Community Development presented illustrations of
the amendments recommended by the Planning Commission which would
alter the methods of determining building height and eliminate
ambiguity.
An ordinance entitled AN ORDINro~CE OF THE CITY OF TIBURON ~mND-
ING ORDINANCE NO.9 N.S., THE ZONING ORDINANCE, BY REVISING
HEIGHT REGULATIONS, came on for introduction and first reading.
ZONING ORDINANCE AJ.'\lENDI.'1ENTS Action
REGARDING BUILDING HEIGHTS & GRADE
Remanded to Lands &
Dev. Committee
2.
AYES:
NOES:
ABSENT
.
.
COUNCILHEN
COUl~C ILI-lEN
COUNCILHEN
.
.
.
.
.
.
Aramburu,
None
None
Question was called
as amended, carried
,
.
.
Becker,
Littman,
Fanning
,
Sennett
and
Sennett reiterated the position of the Council, agreed to by
staff, that the plans for the new building, which were approved
by the Planning. Commission in 1969, are still valid as a Master
.p lan for. the ne\l]' building.
the motion to adopt Resolution
572
,
At the suggestion of the Deputy City Attorney, Littman amended
his motion, with the apprqval of Becker, that-;i'tl1e ::resolution
incorporate Exhip,it A,.-(:0 be attached -ttleretoi'"ileinJ1' Plai1'S'~
dated June 28, revised: September 24, 1973, by Steinau and Kurtzman,
architects. ' i . :
Aramburu requested the minutes reflect the Council requested the
Board of Design Review explore the possibility that in order to
give more visual open space and to preserve the trees, there be
a 30-degree realignment of the one ark.
Sept.
Page
24,
3
CITY COUNCIL
Former Mayor Rice brought up the matter of fences being built in
Tiburon, and called the Council's attention to a fence recently
constructed on Silverado Drive. He suggested this matter be
referred to the Planning Commission for their consideration to
determine what, if any, controls the City should have. The
Superintendent of Public Works agreed to check into the fence on
Silverado Drive to determine if it is on the City's right-of-way
and whether a building permit has been issued for it.
HINUTES NO.
330
1973
~~. Robert Wayne referred to City Ordinance 23-3, paragraph 2,
having to do with the operation of motorcycles off the paved
surfaces in Tiburon, and urged this ordinance be enforced. The
Chair requested the City flanager submit a report and recommenda-
tion to the Council concerning this matter.
At 9
9:34
v.
:24 p.m., a recess was taken, the Council reconvening at
p.m., the roll standing as originally taken.
PUBLIC CO~lllENTS
AND QUESTIONS
RECESS
Former ~2yor Rice stated any house in Tiburon will sell, but a
developer does not have to live with a house and the neighbors do.
Littman requested tilat if the matter is again brought before the
Board, as it can be in a ne't'l application, that the Board attempt.
to make more specific its objections to the design in order to
provide some guidelines to the applicant. ~he Chair stated
Planning Commissioner Wayne is submitting to the Council guide-
lines for the Board of Design Review, which will speak to this
matter.
The Chair declared the appeal denied.
AYES:
NOES:
ABSENT:
COUNCILI.IEN
COUNCILHEN
COUNCILI4EN
.
.
.
.
.
.
Becker
Aramburu,
None
Fanning
,
Littman,
Sennett
After discussion,
After extensive discussion, it was moved by Becker, seconded by
Littman, that the appeal be upheld and that the decision of the
Board of Design Review be overturned.
question
"las called
,
and
the motion failed
.
.
Messrs. Michael Oettinger, Larry Chazen and James Gwin spoke
against the proposed plans on the basis the house did not fit
the lot, the massive walls, and the maximum views have not been
preserved. They objected to the house as being a stock house
which was built many times in Marin County and one that does not
fit in with the neighborhood.
The Chair read letters from Clifford F. Schwarberg, Jr., and
rtts. William R. Englebright opposing the proposed plans and
concurring with the decision of the Board of Design Review.
r.tt. Hal Weiss spoke to the matter and reiterated his grounds for
appeal, as set out in his letter to the City of Tiburon dated
September 12, 1973. He stated in his opinion the Design Revia~
Board denied the application not because of its merits but
because of complaints from the neighbors, and in his opinion the
plan is right for the site.
action of the Board of Design Review, and stated the objections
are that the plans are not acceptable as far as their design
to the lot, to the variance that was previously granted and not
acted upon, and that the maximum views of the property have not
been preserved.
Mrs. Louise Teather questioned what plans have been made for
celebration of the City's 90th anni.versary next year. The Chair
stated the Landmarks Society has presented a list of names of
people to serve on the committee, and as soon as appointments
have been made, she will be notified.
IV. BUSINESS OF THE COm~CIL
s. STONE TO~mR
The Assistant City Manager stated he had invited Dr. Caceres,
owner of the Stone Tower on Paradise Drive, to speak to the
Council on the matter of the Stone Tower's becoming a historical
landmark.
Dr. Caceres described the previous renovations made to the stone
tower which were subsequently stolen, and stated since that
time they have done nothing further. He stated they have no
desire to sell the property, but agreed to cooperate with the
City in the restoration of the tower, if it is deemed to be
necessary or aesthetically desirable. He stated he is working
with an architect in this regard.
The Chair suggested the Landmarks Committee meet with Dr. Caceres
to pursue this matter further. Dr. Caceres agreed to meet with
the committee.
6. APPOINT~mNTS TO BOARD OF DESIGN REVIEW
M~D PARKS & RECREATION CO~U1ISSION
It was moved by Aramburu, seconded by Becker, to affirm the
Hayor · s appointments as follol"ls: Mr. Willys Wagner to the Board
of Design Revie~'l; and Bessrs. Pat Gomez and Dick BcConnell to
the Parks and Recreation Commission. M.otion carried:
AYES: COUNCILI1EN: Aramburu, Becker, Fanning, Littman, Sennett
NOES: COUNCILUEN: None
ABSENT: COUNCILNEN: None
Motion of Sennett, seconded by Littman, to adopt Resolution No.
573 confirming the appointment of Ur. Bruce Flanagan as treasurer
of the City, carried:
AYES: COUNCILNEN: Aramburu, Fanning, Littman, Sennett
NOES: COUNC IIJ.1EN : Becker
ABSENT: COUNCILHEN: None
7. INSTALLATION OF TRAFFIC SIGNALS
The Deputy City Engineer presented plans and specifications
for the installation of traffic signals at Avenida Miraflores
and Beach Road which had State~and.Feqeral approval.
After discussion on the plans, it was moved by Sennett, seconded
by Becl,er, that the Council authorize the staff to advertise for
bids commencing October 3rd for the installation of traffic
signals at Avenida rIiraflores and Beach Road. !<lotion carried:
AYES: COm~CILNEN : Aramburu, Becker, Fanning, Littman, Sennett
NOES: COUNCILNEN: None
ABSENT: COUNCIU'IEN: None
8. CHANGE OF CITY STREET Nm.m
rlotion of Sennett, seconded by Becker, to adopt Resolution No.
574 changing the name of Phyllis Drive to Venado Drive, carried:
AYES: COUNCILllEN : Aramburu, Becker, Fanning, Sennett
NOES: COUNCILHEN: Littman
ABSENT: COUNCILHEN: None
CITY COUNCIL MINUTES NO. 330 Sept. 24 1973
Page 4
9. GROUP LIFE INSUPJU~CE
It was moved by Becker, seconded by Littman, that the Council
accept the staff recommendations and authorize staff to obtain
coverage as quoted by Safeco Insurance Company.
The Assistant City Hanager stated Brs. Louise Hirata, president
of the Employees' Association, had requested this be approved
subject to review and ratification by their association of the
Safeco proposal.
With the consent of Becker and Littman, the motion was amended
to include this condition, with the provision that if it is not
agreeable with the Employees' Association, the matter will come
back to the Council.
Question was called, and the motion, as amended, carried:
AYES: COUNCILNEN: Aramburu, Becker, Fanning, Littman, Sennett
NOES: COUNCILNEN: None
ABSENT: COONC ILI.mN : None
10. AI.mND~mNT OF SALES & USE TAX ORDINANCE
An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AlmND-
ING CHAPTER 6 OF TIm TIBURON MUNICIPAL CODE RELATING TO SALES
AND USE TAX, came on for adoption.
On motion of Becker, seconded by Sennett, and there being no
objection, full reading of the ordinance was waived and the
ordinance was read by title only.
Motion of Becker, seconded by Aramburu, to adopt Ordinance No.
135 N.S., carried:
AYES: COUNCILHEN: Aramburu, Becker, Fanning, Littman, Sennett
NOES: COUNCILIIEN: None
ABSENT: COUNCILUEN: Hone
Motion of Beeker, seconded by Sennett, to adopt Resolution No.
575 authorizing the Hayor to enter into a Contract with the
State Board of Equalization, carried:
AYES: COUNCILIIEN: Aramburu, Becker, Fanning, Littman, Sennett
NOES: COONC ILI.1EN : None
ABSEi:lT : COUNCILHEN: None
CONSENT CALENDAR
11. CLAn! FOR DANAGES
12. POLICE REPORT - AUGUST
l1otion of Sennett, seconded by Bec]cer, to adopt the Consent
Calendar consisting of Items 11 and 12 carried: All Ayes,
except Fanning, who abstained in reference to Item 11.
VII. ITEr4S NOT ON TBE AGENDA
It was moved by Sennett, seconded by Becker, to adopt Resolution
No. 574, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON
ACCEPTING GRANT DEED.
Sennett read the resolution in full to the Council, which
pertained to the purchase of the Eavey lands.
Question was called, and the motion carried:
AYES: COUNCILHEN: Aramburu, Becker, Fanning, Littman, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
CITY COUNCIL HlNUTES NO. 330 Sept. 24, 1973
Page 5
There being no objection, the Chair proclaimed October 12, 13
and 14 as Shark Lions White Cane Dayso
Sennett presented the request from the Mayor of Petaluma that
the City of Tiburon contribute $250 to support their defense of
the appeal to their Zoning Ordinance restricting buildings to
five hundred units, based upon some review procedure.
Becker urged the City contribute to their legal defense because
in his opinion an inspection of the matter in court would show
that it might well be the type of ordinance the City of Tiburon
should consider for its own city.
It was the sense of the Council (except for Becker) that they
did not have sufficient information to take action at this time.
VIII. EXECUTIVE SESSION
At 10:51 p.m., the Chair adjourned the meeting into Executive
Session.
IX. ADJOURNr.1ENT
At 11:50 p.m., the Chair adjourned the meeting sine die.
APPROVED BY THE CITY COUNCIL ON:
'Jd-Ju,f) pzi , 1973.
\
~-rL[ /:.
layor
CITY COUNCIL I1INUTES NO. 330 Sept. 24, 1973
page 6
CITY COUNCIL
CITY OF TIBURON
I CALL TO ORDER
-
The regular meeting of the City Council, City of Tiburon, State
of Cali fornia, was called to order by Hayor Branwell Far.ning
at 7:39 p.m., October 9, 1973, in the City Hall Council Chambers.
II. ROLL CALL
PRESENT: COUNClLi.1EN : Mayor Fanning, Becker, Aramburu,
Littman, Sennett
ABSENT: COUNCIIJ.1EN: None
EX OFFICIO: Bert Balmer, City Manager
R. L. Kleinert, Ass't City Uanager
Robert I. Conn, City Attorney
Jesper C. Strandgaard, Deputy City Engineer
Louis F. Brunini, Supt. of Public Works
Hellen K. Hecht, Minute Clerk
III. APPROVAL OF IvllNUTES
No. 330
Sennett corrected page 1 of the minutes, under approval of
Hinutes Ho. 329, to read, "as lir. Eavey read aloud to the
Council. U
Aramburu corrected page 4, Item 6, to read "lirs. Pat Gomez. II
On motion of Sennett, and there being no objections, Minutes No.
330 of September 24, 1973, were approved as corrected.
IV. BUSINESS OF THE COm~CIL
1. APPEAL FRO~l DECISION OF BOARD OF ADJUST~mNTS
ACTION Dm~YING A VARIAl~CE
U. F. SHIHER, APPELLANT
This matter was continued to the next regular meeting.
3. REVIEW OF PREVIOUS ACTION OF CITY COUNCIL
REGARDn-JG ADOPTION OF RESOLUTION NO. 572
The Assistant City Hanager stated the Planning Conunission has
withdrawn their request that the resolution approving the PO
Precise Plan be reviewed by the Council, and they are now
requesting that the Haster Plan, as proposed by I:lr. Zelinsky,
come before them. Therefore, no action is required in this matter
at this time.
2. ZONING ORDINANCE AHENOr.1ENT:
SECTION 11-1 LN~DSCAPE BONDS
An ordinance entitled M~ ORDINANCE OF THE CITY OF TIBURON
M.~~DING SECTION 11-1 OF ORDIN~~CE NO.9 N.S., THE-TIBURON ZONING
ORDINANCE, BY PROVIDING FOR LANDSCAPING l-JAINTENANCE BONDS,
having been continued from August 27th, came on for first read-
ing.
Sennett reviewed the proposed amendments to the ordinance, as
set out in the staff report of this date.
On motion of Sennett, seconded by Armaburu, and there being no
objection, full reading of the ordinance was waived and the ordi-
nance was read by title only.
CITY COUNCIL MINUTES NO. 331 October 9, 1973
Page 1
October 9,
Page 2
CITY
The City Hanager fUrn:L:3:1cd the Council t~ith a copy of LAFCO's
recommendations on e.!)n:~::':n.tion of. an area on Paradise Drive,
which will be before J~FSO on Wclnesday. He stated the matter
COUNCIl
HINUTES
NO.
331
1973
v
The Chair solicited written comments on this matter from the
Council; and there being no objection, directed the matter
continued to the first m~eting in November.
ITEHS NOT ON THE AGENDA
It was moved by Littman, seconded by Aramburu, that in view of
legal aspects which this might involve, that the Council post-
pone the hearing of this matter until the Council can obtain the
advice of the City Atto~ney on possible pending action on this
matter, and that the matter be taken up after the hearing.
POLICY RECOl~1ENDATION REGARDn~G
SALE OF SURPLUS CITY O~mED LAND
4.
There being no objection, th~ Chair directed this matter remanded
to the ad hoc committee for furt.her study, to be brought back to
the Council.
Becker reminded thG CC:"'.n~~.1..J. 'i.~.h':-.. the Board of Design Revie\-l does
not require a soils 1:Cl}!""''':t. CJ. 2 :t-,.?:ojc::;':: in order to make design
decisions, but in Oro.2':' tD im};C):".;() soils stabilization requirements
~is inf,?rma~.ic:l \"ouJ..d. be :lCC(~Ss~ry. He .s~ated ~ormal~y th~s
J.nformatJ.on J.S l~')t o.v2.:-!..10l;l.c unt)J. a';~1 v..ppll.cant J.s makJ.ng fJ.nal
calculations for tho fOEno.c:,tie:n vlork, tvhich is connected more
\-lith the building pc:r.;:r;it :rat.he1.~ t.ht:.n the clppro\'I'al of a land use
or design concepts.
After discussion,
that the matter be
the request that the.
it ,~~s moved by Littman, seconded by Becker
r(~f erred b::: ck to the ad hoc connni ttee with
. d d.
; pre9are ! rc~~se or J.nance.
,
Aramburu agreed the propo~ed amendments may be unduly restric-
tive to the single-family dwelling. He recommended amending the
new Zoning Ordinance by adding a paragraph to Section 11-1
modifying the proposed lallguage.
Becker questioned the legality of the bond being discretionary
with the. Board of Design Review Witilout proper guidelines and
standards having been established" He reconnnended the proposed
ordinance be divided, and that it b'3 coordinated ,,,,ith
existing legislation. He stated the requirements of the cash bond
for materials and labor are unworkable, and the normal procedure
is to require 100 percent of the cost of materials plus 100
percent of the cost of ':::':,:"~.:'or or performance. Finally, he ques-
tioned the need for the ordinance at all, and agreed with Littman
that it may be too regulat'ory.
Referring to the bond, 113 quest.ioned the city's responsibility
if after a year th8 lalv1scaping is not maintained. Planning
Conunissioner Robert l;layne state,-i it i.s not their intention in
drafting the ord.i:lat~.:::'~ t() put the City in the position of being
responsible for rnainten~nce of landscaping. He stated the
installation of landscaping will only be a requirement when
there is a need to protect the public vie\'I1 from an unsightly
area which has been disturbed or created as a result of con-
struction on the property.
Littman disagreed with the
is requiring every build(""_'
a landscape plan.
ordinance in that in his opinion it
of single-family houses to prepare
.
be
was moved by Sennett,
deemed to have passed
seconded by Aramburu
first reading.
,
that
the ordinance
CITY COUNCIL
HINUTES NO.
331
October 9
Page 3
,
1973
The Assistant City tlanager presented to the Council a report
from the Parks and Recreation Commission on the hazardous and
unsafe condition of the steps from Geldert Drive to Hacienda
Drive, with their recommendation that the steps be repaired by
tile developer. He stated staff also recommends the developer
be requested to repair the steps to a satisfactory condition,
and that the City then pursue acquisition and implementation of
the path and trails extension to the Del !Iar area. He read to
the Council tile staff report setting forth the various alterna-
tives in this matter.
PATH AND STEPS -
GELDERT DRIVE TO
HACIENDA DRIVE
s.
IV.
Littman referred to a communication dated.October 3, 1973, signed
by the Committee for the Downtown Plan Review, reciting that it
is a group of citizens representing the home owners' associations,
civic groups, business groups, and other interested parties,
uader the signature of the Honorable Bre't-lster I.Iorris and Hr.
Gerald Coles. He stated upon checking with the president of the
home owners' associations of the City of Tiburon, he was informed
there has never been an endorsement of this committee; further,
Hr. Fred Hantegani has advised he is not at'lare of any groups in
Tiburon that have endorsed the committee.
BUSINESS OF THE
COUNCIL
Hr. Irving Houlin presented to the Council a resolution from the
11oun~ Tiburon Property O\~ers Association protesting the con-
struction of a 40-foot antenna on Mount Tiburon. The Chair stated
a stop work order had been issued. The Assistant City Hanager
reported the City had written to the o~mer of the property but
to date had received no response. He stated the antenna was
constructed without the necessary permits, and that the matter
is scheduled to come before the Board of Adjustments on Honday.
Littman objected to the antenna having been installed without
the necessary permits having first been obtained, and requested
the Chair direct staff to prepare an order setting a nuisance
abatement hearing at tile first legal date. The City Attorney
advised the Council can set the hearing, but the Board of Adjust-
ments is still required to hear the application on ~~nday.
There being no objection, the Chair directed staff to prepare
the necessary papers to set the public nuisance abatement hear-
ing.
The Chair read a copy of a letter he received which was sent to
Hr. Ghilotti thanking him for his offer to grade the area for
the tot lot to be constructed next to the tennis courts at
Del liar School. Brs. Ellman stated they hope to also have the
tot lot in Belveron completed by next spring.
At the request of Sennett, Parks and Recreation Commissioner
Phyllis Ellman gave the following status report: (1) They are
working on the Master Plan for the Richardson Bay Park, and are
making plans for the green fielC in the park. (2) There will
be adult men's basketball on Tuesday evenings at the Del l1ar
School. (3) There will be a soccer league for sixth through
eighth grade boys. (4) They are in contact with the School
District regarding the use of their property. (5) firs. Gomez
is currently working on guidelines for the use of City recrea-
tional properties.
The City
15th.
Manager announced his resignation
will be contested as persons in the area, ,~ho are not, h~lever,
involved in the annexation, have signed petitions protesting it.
,
effective
November
October 9
Page 4
CITY COUNCIL
Sennett agreed with the procedures outlined in the report read
by the Chair, and agreed the appropriate time for public
discussion of tile railroad plan is when it is finalized and
formally presented to the City.
I-IINUTES NO.
331
,
1973
The Chair distributed to the Council, staff, and members in
the audience a written report on the status of the Downtown Plan
Development. He read portions of the report, \'lith the final
statement that everyone is looking forward to seeing the
Sequoia Pacific Plan and there will be many public hearings
before the Planning Commission and the City Council before the
final resolution of this matter.
6.
DONNTOt-JN DEVELQPHENT STATUS
A recess was taken at 9:24 p.m.
at 9:35 p.m., the roll standing
REPORT
the Council reconvening
as originally taken.
,
RECESS
Mr. Greer reminded the Council of the dangerous condition of the
path. Upon the recommendation of the City Engineer, the Chair
directed staff to post the path closed, which removes the City's
responsibility in regard to liability, and to urge the developer
to expedite the repair work.
There being no objection, the Chair directed staff to investi-
gate and coordinate with the Parks. and Recreation Commission the
offer of iir. Greer to dedicate a portion of his property for
the trail system, and also to pursue the extension of the path
do't-ln to the Del Har School area.
AYES:
NOES:
ABSENT
:
COUNCI LI!1EN
COUNCILIIEN
COONC ILl IEN
Aramburu
None
None
,
Becker,
Fanning,
Littman,
Sennett
Question was called,
Littman requested the Deputy City Engineer furnish the Council
with more information as to why the topographical survey map
prepared by the developer was erroneous, and who was responsible
for it.
and the motion,
as
amended,
carried
To Hr. Hoffmire's statement that the developer had put in the
steps as shown in tile subdivision plans, which were approved
by the former City Engineer, the Chair stated the reason for the
bond is to insure that the work is adequate, and the steps have
not lasted for even a year
At the suggestion of tile Chair that there be a second motion
Aramburu, ''lith the approval of Sennett, amended his motion
to delete the direction to staff on the negotiation aspect.
,
On the recommendation of Becker, supported by Commissioner
Ellman that the Parks and Recreation Commission have already
made their recommendations, Aramburu amended his motion, with
the consent of Sennett, to eliminate the phrase, lithe Parks
and Recreation Commission.u
After discussion on the matter, and hearing from members in the
audience and rIr. John Hoffmire, representing the developer, it
was moved by Aramburu, seconded by Sennett, that the developer
be required to restore the steps and paths to those acceptable
standards and specifications as set forth in the original sub-
division plans and that said work shall be approved by the City
Engineer and the Parks and Recreation Commission; and that staff
be directed to negotiate for the acquisition of the necessary
property to permit extension of the pedestrian path to the Del
Uar area
CITY COUNCIL
I1INUTES NO.
331
October
Page 5
9
,
1973
Question was called
as amended, carried
,
"
and the motion to adopt the resolution
Becker stated he can only support the bond measure on the
justification it will bring equity back by allowing more houses
to be built, which will lower the prices and will allow the
Cities to do the planning rather than the Water District.
,
Aramburu moved, seconded by Becker, that the resolution be
amended to add the follo'''ling paragraph: IIt'lHEREAS, the Harin
Countywide Plan proposed a viable solution to the long-range
planning process for Harin County."
Littman presented to the Council a resolution supporting 11arin
1.lunicipal Water District Bond Neasure E. He stated in his
opinion the Harin l1unicipal t'Jater District has determined there
is an existing water shortage in this part of the County. He
stated the City-County Planning Council has supported the
Bond ~leasure on the grounds that it is taylored to the population
density figures in the County General Plan; and he therefore
moved, seconded by Sennett, that the Council adopt the resolution
8.
HARIN
AYES:
NOES:
ABSENT
HUN ICI PAL
COUUCILHEN
COUNCILHEN
COUNCILHEN
WATER DISTRICT BOND
"
"
.
Aramburu,
None
None
ISSUE
Becker,
After discussion, it was moved by Littman, seconded by Aramburu,
that the City Manager or the Assistant City Manager submit to
the next meeting of the Council, with respect to each of the
eight firms listed in the Assistant City nanager's memorandum
of September 26th, a list of the persons in those organizations
who would do tile work, the qualifications they have, and also a
draft of the scope of work to be undertaken by the Environmental
Impact firm. Further, if possible, he obtain a rough estimate
from each of the firms as to the amount they would charge for
doing the work, and that information, if it can be obtained in
time, be presented to the Council at the next meeting, or as
soon as possible. Council will then make a choice of three
names to be submitted to the developer, from which he can pick
the firm to work '''lith the City. Question was called, and the
motion carried:
Fanning,
Littman,
Sennett
In accordance with Resolution 521, the Chair requested the
Council approve a list of consultants capable of preparing the
Environmental Impact Report on the Downtown Development. He
stated the EIR firm will work directly with the City staff and
the Commissions and the Council in preparing the final EIR,
but that the developer will be responsible for paying the
consultant's fee.
SELECTION OF ENVIRON~mNTAL Il~ACT REPORT
CONSULTANT FOR DOt'n~TOtm DEVELOPHENT
7
Littman reminded the audience that the Downtown
of the City's General Plan.
Plan is a part
Aramburu read a statement he had prepared in this matter,
addressing the question of the impropriety on the part of
the Council. He stated the Assistant City IIanager has been a
party to all meetings, and there has never been a quorum of
the Council present. He stated at no time has the developer been
given approval of any aspect of the plans, and they will be fully
reviewed by the Planning Commission, the Council, and the
public.
AYES: COUNCILI-IEN: Aramburu, Becker, Fanning, Littman, Senost
NOES: COUNCILHEN: None
ABSENT: COUNCILlIEN: None
9. HACIENDA DRIVE NUISAl"\J'CE ABATEr,lENT
There being no objection, the Chair set the hearing on the
Hacienda Drive nuisance abatement for October 23.
10. RESULTS OF BID OPENINGS & AWARD OF CONTRACTS TO BE
PRESENTED BY CITY m~GINEER
(1) Tiburon Tennis Courts - paving and fencing
The Deputy City Engineer stated the bids for the tennis courts
included provisions for conduits to be installed under the pave-
ment in the event the Council decides to light the courts at a
future date. It was the consensus of the Council the conduits
should be included.
The Deputy City Engineer reported the low bidder has advised
there will be a six- to eight-week delay in delivery of the
fencing, so there might be some further delay in the construc-
tion of the courts.
It was moved by Becker, seconded by Littman, to accept the low
bid of t'7. K. f"lcLellan Co. in the amount of $19,380.00. Question
was called and the motion carried:
AYES: COUHCILHEN: Aramburu, Becker, Fanning, Littman, Sennett
NOES: COUNCILl1EN: None
ABSENT: COUNCILHEN: None
The Deputy City Engineer reported the School District has no
objection to supplying the water for a hose outlet and drinking
fountain at the site of the courts. He stated further during
the first phase of the construction an electric conduit line
laying across the area had to be removed. He requested there be
a provision in the second phase for installation of the conduit.
After discussion, the Chair directed the Deputy City Engineer
to make provision for the water outlets and the installation of
the conduit for the school.
(2) Warren Court Street Drainage
(3) Paradise Drive and Solano Street Drainage
It was moved by Becker, seconded by Aramburu, to accept the
10'" bids for the projects, being $5,866.00 by W. K. UcLe1lan
Co. for Item (2); and $4,146.00 by W. K. HcLe11an Co. for
Item (3).
Question was called, and the motion carried:
AYES: COUl'lC ILr4EN : Aramburu, Becker, Fanning, Littman, Sennett
NOES: COUNCILHEN: None
ABSENT: COUNCILHEN: None
VI. REDEVELOPMENT AGENCY
At 11:05 p.m., the Chair adjourend the Council to a meeting of
the Redevelopment Agency.
VII. EXECUTIVE SESSION
At 11:32 p.m., ~le Council reconvened and the Chair adjourned the
meeting into Executive Session.
CITY COlli~CIL MINUTES NO. 331 October 9 1973
Page 6
VI I I. ADJOURNHEN'.L
At 11;55 p.m., the Chair adjourned the meeting to Tuesday,
October 24.
6xufJ fl (l1 W
BERT BALHER, :y Hanager
APPROVED BY THE CITY COUNCIL ON:
October 23rd '1 , 1973.
,
/1
;,~
,I" ,>,'t 7~k'"''-t~t ~?~t,.-,u?J,~
BRANt1ELL FANN r'layor/
CITY COUNCIL MINUTES NO. 331 October 9, 1973
Page 7
CITY COUNCIL
UINUTES NO
332
October 23
Page 1
,
1973
The Deputy City Attorney stated the matter before the Council
is the appeal of Mr. and ltrs. John Harte from the action of
the Board of Adjustments in denying the application for vari-
ance for required setbacks and to allow a second dwelling unit
on a substandard lot and without the required off-street parking.
1
APPEAL FROB DECISION OF BOARD
OF ADJUSTr~NTS DENYING A
VARIANCE - PROPERTY LOCATED
AT 2295 CENTRO EAST
After discussion, and there being no objection, the Chair directed
the matter continued to the first meeting in December, on the
condition that the antenna stay down and it remain inoperable
Mr. Nachtrieb agreed to the continuance.
Action
:
Appeal denied
rlr. Harold Nachtrieb, attorney representing
agreed to go through the necessary channels
Permit. Should he be unsuccessful, he then
the base
Hr. Terteling,
to secure a Use
agreed to remove
The City !ianager reported the antenna had been removed so there
is no cause to act on this matter at this time. The Superinten-
dent of Public Works reported he has inspected the site and the
antenna has been removed but the concrete base is still in place.
ABATE~~~T OF NUISANCE
(Removal of Radio Repeater
Station Antenna-N.K. Terteling,
O~..,ncr
4
Action
Cont'd to Dec.
10
IV.
It was moved by Becker, seconded by Sennett, to adopt Redevelopment
Agency Minutes No. 331. Becker corrected paragraph 4 of page 2
to read flHarroman" lands rather t:han "Harmon. n There being no
objection, the minutes were adopted as corrected: All Ayes, with
Fanning and Littman absent.
BUSINESS OF THE COUNCIL
On motion of Becker,
adopted as submitted
seconded by Sennett
,
Hinutes No.
331
''lere
No
331
III.
APPROVAl, OF
Vice Mayor Aramburu,
Fanning, Littman
Bert Balmer, City Manager
R. L. Kleinert, Ass't City Ilanager
Richard Ho Breiner, Deputy City Attorney
Stanley Bala, City Engineer
Richard Arjo, Dir. of Community Dev.
Phil Scott, Development Administrator
Louis F. Brunini, Supt. of Public Works
Hellen Ie Hecht, Hinute Clerk
HINUTES
PRESENT
ABSENT:
EX OFFICIO
:
COUHCILllEN
COUNCILHEN
"
Becker,
Sennett
II
The regular meeting of the City Council, City of Tiburon, State
of California, \'las called to order by Vice l1ayor Albert Aramburu
at 7:45 p.m., October 23,1973, in the City Hall Council Chambers
FJLL CALL
I
CALL TO ORDER
CITY COUNCIL
CITY OF TIBURON
October 23
Page 2
,
1973
CITY COUNCIL
Sennett reiterated the City Attorney's opinion that the absence
of a building permit does not make the dwelling an illegal
duplex, but that the problem is with the applicant's providing
the required off-street parking.
HINUTES NO.
332
After discussion by the Council, it was moved by Becker, seconded
by Sennett, that the appeal and variance be granted confirming
a second dwelling unit on a substandard lot without requiring
off-street parking.
Hr. Charles Patterson, attorney for 'Ir., and f1rs. .A.. Mi~ata, spoke
against the application for the variance in that the necessary
conditions for granting variances could not be found. He
reminded the Council this is a substandard lot. Urs. Hirata
gave a brief history of the property taken from tile real estate
records. She gave the criteria for a duplex and stated the
property does not qualify as a duplex. She stated in her opinion
the off-street parking is a small part of the problem. She
stated improvements made to the house to convert it to a duplex
were made illegally ,olithout the necessary permits having been
obtained. She stated to reverse the decision of the Board of
Adjustments would constitute a special privilege. She urged
the Council uphold the decision of the Board.
In response to Sennett's question of whetller the parking solu-
tion offered by }Ir. Silberstein would be feasible, the Superin-
tendent of Public Works stated the property is located at a
very hazardous intersection and the parking would have to be
in the City's right-of-way. Before giving a definite opinion
on whether or not the parking problem could be solved, he stated
he and the City Engineer would have to make an on-site inspection,
but there would be no way of par~~ing off the City right-of-way
in that area. The City Engineer stated there would be a site
prOblem at the intersection if parking were allowed in the right-
of-way.
}tr. Silberstein reviewed the status of the property under the
County ordinance prior to the City's incorporation and the
action of the Tiburon City Council in the past in regard to the
property. He reviewed tile four requirements for granting a
variance under Section 17 of the Zoning Ordinance and set
forth the reasons why the variance should be granted. He
s~ated the owners are agreeable to resolving the parking problem
by widening the shoulders, thereby creating additional parking
spaees. He stated in his opinion it would be unfair to deny
the use of a duplex which has existed over a long period of time.
Hr. Silberstein reviewed the history of the property. He
stated in the course of selling the property, Hr. and llrs. Harte
had requested a residential building report. It was on this
inspection that the Development Administrator had determined
that the authorized use for this property was for a sing1e-
family dwelling and it, in fact, was being used as a tWO-family
dt<lelling.
To a question by the Chair, the Deputy City Attorney stated the
Council can hear the matter tonight with the understanding that
the minutes of the Board of Adjustments, which have not been
approved, are not to be considered as part of ti1e Council's
decision on the appeal and they ~1il1 act on the evidence sub-
mitted by the parties this evening.
l'~. Michael Silberstein, attorney for the applicant, stated he
had questioned the accuracy of the minutes of the September 17th
meeting of the Board of Adjustments, and the minutes had not
been approved by tile Board.
October 23,
Page 3
CITY COUNCIL
The Assistant City Manager reported staff has sent letters to
the nine consultants on the list of acceptable firms concerning
preparation of an Environm?ntal Impact Report for the D~~ntown
Plan. He distributed to the Council five proposals received
to date from the consulting firms for Council's review and study.
HINUTES
NO
332
1973
AYES:
NOES:
ABSEHT
V.
COUNCILIIEN:
COUNCILI-iEN:
COUNCILliEN:
COUNCIL UNFINISHED BUSINESS
Aramburu
Becker
Fanning,
Sennett
Littman
Question was called
Becker supported the application on the grounds the applicant
had the initiative to bring in a fairly good proposal to the
City but it cannot be ~ccepted because of poor City ordinances
,
and the motion carried
.
After discussion, it was moved by Sennett, seconded by Becker,
that the appeal be denied and the action of the Board of
Adjustments be upheld.
The Director of Comm.;.n,i.ty Dc,.relc.p'.'aent advised l~hat is being
proposed is a 10gic2.l T,'lay to ~:!?li 1: the land as there is a house
in the center of the prop~:t.ty. If th8re were no house, the lot
could be split legv.lly. EO~7C:VCJ:, t.he proposed applicant does
not meet the four requirements of the Zoning Ordinance for
granting variances.
}~. Stewart Hopkins spoke ~gninst the variance, and stated many
of the neighbors had been present at previous meetings to pro-
test the application, but bGcause of the many continuances,
were not present this evening.
Hr. Richard Shimer gave a report on the property and outlined
the reasons why, in his cpinion, the variance could legally be
granted. He stated he is paying taxes on an R-2 lot and his
property is surrounded by R-2 Jots.
The Development Administrator presented the appeal from the
decision of the Board of Adjustments to deny a variance to create
a substandard lot at 1770 Vistazo West on tile grounds that the
hearing was held \qithout the applicant being present. He
stated the Board noted the absence of the applicant, but it was
their opinion that the application spoke for itself.
APPEAL FROH A DECISION OF THE
BOARD OF ADJUSTHEHTS DENYING
A VARIANCE
1770 VISTAZO WEST, F
RICI-IARD
S HIi-lER
Appeal
Applicant
2.
A recess was taken at 9:25 p.m.
9:41 p.m., the roll standing as
Action
the Council reconvening at
originally taken.
:
denied
,
RECESS
The Deputy City Attorney st~tcd the action taken by the Council
is now final, the appeal is d~nied, and under the terms of the
Zoning Ordinance the applicant ffiay reapply for a variance one
year from this date.
AYES:
NOES:
ABSENT
CQUNCILi-lEN:
COUNCILIlEN:
COUNClli,lEN:
Becker
Aramburu
Fanning,
,
Sennett
Littman
After further discussion
failed:
,
question
was called and the motion
CITY COUNCIL
HINUTES NO
332
October 23,
Page 4
1973
After further discussion, the Chair directed the ordinance to
the Planning Commission, with Becker and Sennett to work with
the Commission in preparing revisions to the ordinance. At
the request of Sennett, the Chair also appointed Parks &
Recreation Commissioner Phyllis Ellman to work with the committee
in redrafting the ordinance.
the ordinance as being unworkable
Becker spoke against
The Deputy City Attorney advised because of the revisions made
to the ordinance by the ad hoc committee, the ordinance would
have to go back to the Planning Commission for approval
An ordinance entitled k~ ORDIN~~CE OF THE CITY OF TIBURON
~,mNDING SECTION 11-1 OF ORDINAHCE NO.9 N.S., THE TIBURON
ORDINAHCE, BY PROVIDING FOR LANDSCAPING 111\INTENANCE BONDS,
having been continued from October 9, 1973, came on for first
reading.
ZONING
6
LANDSCAPE
After discussion, the Chair directed staff to report back at
the first meeting in December on (1) the possibility of posting
private property with the consent of the owner with proper
notification of the violation of the City ordinances; (2) to
coordinate its efforts with the County to see if the County can
provide the City services to meet the problem of enforcement;
(3) a report on the possibility of jointly purchasing the all-
terrain vehicle with the Fire Department.
~mINTENro~CE BONDS
Aramburu stated as the City purchases more open space lands
need will increase for patroling the lands, and he would
suggest the City explore with the Fire Department the joint
purchase of an all-terrain vehicle.
,
The Assistant City llanager reported the County Parks and Recrea-
tion Department are discussing policy in regard to motorcycle
riding in tile County. It was the consensus of the Council that
staff should communicate the Council's support of their study
in terms of providing trails, and further they should be
encouraged to provide stricter enforcement 0
the
Sennett conveyed Planning Commissioner'
the property be posted.
s
The City 11anager presented to the Council a detailed report
from the Police Department on the use of motorcycles on private
property, togetiler with his report and recommendations 0 He
stated staff does not support the recommendation of tile Police
Department that a motorcycle be purchased as it would be too
expensive and could create safety problems. He recommended
emphasis by the Police Department trn1ards educating bike owners
in Tiburon, and efforts be made to obtain the cooperation of
private property owners in preventing access to their property.
~'Jayne sugges tion
that
ORDINro~CE ENFORCElffiNT
Use of Ilotorcycles on Private Property
5.
IV.
The Chair directed this matter continued to
October 25, for further discussion.
BUSINESS OF THE COm~CIL
6
He stated the consultant would be retained by
reimbursed by the developer.
:00
the City
p.m. ,
,
Thursday
to be
,
7. RECOI\in,mNDED INSTALLATION OF Attion: Res. 578 adopted
STOP SIGNS AT THE INTERSECTION
OF HILARY DRIVE AND ROCK HILL ROAD
It was moved by Sennett, seconded by Becker, to adopt Resolution
No. 578, Defining and Establishing a Portion of Hilary Drive
as a Stop Intersection. i:lotion carried:
AYES: COUNCILilEN ~ Aramburu, Becker, Sennett
NOES: COUNCILUEN: None
ABSENT: COUNC III lEN : Fanning, Littman
8. RESOLUTIONS OF INTENT TO INSTITUTE
EHINAL\JT DO~,1AIN PROCEEDING
The Deputy City Attorney advised this item is to be continued.
VI. COEI!,,1UNICATIONS
Sennett called tile Council's attention to letters he had
written requesting a report on tile Housing Element before the
Council and the Planning Commission by the end of the year.
The Deputy City Attorney advised this is scheduled for the
November 12th meeting.
VII. REPORTS
On motion of Becker, seconded by Sennett, and there baing no
objection, the September Police Report was accepted.
VII. ADJOURNIIENT TO REDEVELOPHENT AGENCY BOARD
At 9:43 p.m., the Chair adjourned ti1e Council to a meeting of
the Redevelopment Agency.
l3~h: ~ ~A/
BERT B~ lER, .ty nanager/ClerJ<
APPROVED BY THE CITY COUNCIL ON:
November 26th, , 1973.
rl
~
~(
I
;, Hayor
I
,1
./
CITY COUNCIL MINUTES NO 332 October 23, 1973
Page 5
CITY COUNCIL
CITY OF TIBUROH
I CALL TO onDER
A special meeting of the City Council, City of Tiburon, State
of California, was called to order by Vice l1ayor Albert
Aramburu at 6:10 p.m., October 25, 1973, in the City Hall Council
Chambers.
II. ROLL CALL
PRESENT: COUaCILdEH: Vice Hayor Aramburu, Becker, Sennett,
Littman (7::25)
ABSENrr : COUHCILI lEN ~ Fanning
EX OFFICIO: Bert Balmer, City Manager
Il. L. Kleinert, As s · t City i,lanager
Robert I. Conn, City Attorney
III. EXECUTIVE SESSION
At 6:12 p.m., the Chair adjourned the Council to Executive Session
for the purpose of discussing pending litigation.
IV. REDEVELOpr~~T AGENCY
At 6:55 p.m., the Council reconvened and the Chair adjourned the
Council to a meeting of tile Redevelopment Agency.
V. BUSINESS OF THE COUNCIL
At 7:05 p.m., the Chair reconvened the Council meeting.
SELECTION PROCESS FOR DOt.'JNTOWN PL..ZU.J EIH CONSULTANT
Becker reviewed a proposed selection process as previously out-
lined in his memo of . September 26, 1973, Becker recommended the
City intervie,', all of '\:ne EI~ consul tant applicants. The con-
sultant will contract with toe City and the City will be reim-
bursed by the developer. The City will be responsible for the
final EIR report as the lead agency.
Sennett recommended a screening committee be appointed by the
Council composed of two members of the City Council, one member
from each of the City Commissions, one citizen at large, one
staff representative, and one representative of the developer.
(At 7:25 p.m., Councilman Littman arrived.)
Littman suggested the Committee be provided with a designated
time frame for reporting back to the Council and ,~ith informa-
tion related to ti1e desired scope of the work.
It was recommended the two members of the City Council to par-
ticipate on the committee be Councilmen Becker and Littman,
with Becker to serve as Chairman of the committee. It '-Tas the
sense of tile Council tile other appointees on the committee be
at the discretion of Chairman Becker.
The Council requested the committee report back to the City
Council with their recommendation at the November 12th regular
meeting.
CITY COUNCIL IIINUTES NO. 333 October 25, 1973
Page 1
ACQUISITION AND CONDEHNATION OF CERTAIN
PARCELS FOR RECREATIOlJ, Pl~PJC Ai~D
PRESERVATION OF OPEN SPACE PURPOSES
After discussion of proposed resolutions of intent to institute
eminent domain proceedings, it was moved by Sennett, seconded
by Becker, to adopt Resolution No. 579, a Resolution Regarding
Acquisition and Condemnation of Property Yillm~n as Ilarin County
Assessors' Parcels 55-071-04 and 55-071-03, for Recreation,
Park and Preservation of Open Space Purposes. r.totion carried:
AYES: COUi\}CILI1EH ~ Aramburu, Becker, Littman, Sennett
HOES~ COm~CILHEN : Hone
ABSENT: COUNCILHEU~ Fanning
It was moved by Sennett, seconded by Becker, to adopt Resolution
No. 580, a Resolution Regarding Acquisition and Condemnation of
Property known as Ilarin County Assessor's Parcel No. 39-182-03
for Recreation, Park and Preservation of Open Space Purposes.
Hotion carried:
AYES: COUl'lC ILI1EN : Aramburu, Becker, Littman, Sennett
NOES: COUiJCIL11EN: None
ABSENT: COUNCILliEN: Fanning
It was moved by Sennett, seconded by Littman, to adopt Resolution
No. 581, a Resolution Regarding Acquisition and Condemnation of
Property kno~;,ln as Harin County Assessor's Parcels !Jos. 39-
182-08 and 39-183-07 for Recreation, Park and Preservation of
Open Space Purposes. Notion carried:
AYES;; COUNCILUEN: Aramburu, Becker, Littman, Sennett
HOES: COUHCILHEN : None
ABSENT: COUHCILHEN: Fanning
VI. ADJOURNUENT
At 7:50 p.m., ti1e Chair adjourned the meeting sine die.
~ ~ ~
~
ty Manager/Clerk
APPROVED BY THE CITY COUNCIL OU::
1 1973.
,
l-\1IZ~~
CITY COUaCIL l1INUTES NO 333 October 25, 1973
Page 2
~ ,fr.l
. ..
CITY COUNCIL
C!TY OF TIBURON
I. CALL TO ORDER
The regular mee1:ing of the City Council, City of 'l'iburon, State
of California, was called 1:0 order by Mayor Branwell Fanning at
7 :39 p.m., November 12, 1973, in the City Hall Council Chambers.
II. ROLL CALL
PRESENIJ.' : COUNCILt~mN : Fanning, Aramburu, Becker (7:43 p.m.),
Littman, Senne'tt ....
ABSENT: COUNCIU1EN : None
EX OPFICIO: R. L. Kleinert, Ass'~ City Manager
Robert I. Conn, City Attorney
Jesper Strandgaard, Deputy City Attorney
l~urice Laffer'ty, Chief of Police
Phil Scott, Development Administrator
Louis F. Brunini, Supt. of Public Works
III. APPROVAL OF MINUTES
Approval of Minutes Nos. 332 and 333 and Development Agency
Minutes Nos. 2 and 3 was continued.
IV. BUSINESS OF THE COUNCIL
1. CONDOllINIUl-l CONVERSION Action: Ord. No. 136 N.S. adopted
MORATORIUM EXTENSION
An ordinance entitled AN URGENCY INTERIM ORDINANCE OF THE CITY OF
TIBURON EXTENDING ORDINANCE NO. 127 N.B., being an urgenoy ordi-
nance, came on for adoption, to replace Ordinance No. 127 passed
on July 23, 1973, expiring November 23rd.
On motion of Aramburu, seconded by Sennett, full reading of the
ordinance was waived and the ordinance was read by title only.
It was moved by Aramburu, seconded by Sennett, to adopt Ordinance
No. 136 N.S.
The City Attorney advised the duration of the ordinance is eight
months, but the Planning Commission is preparing an ordinance on
the control and regulation of condominiums in accordance with
the Housing Element of the General Plan, and this should be
forthcoming in the next few weeks. Upon its adoption, the
urgency ordinance can then be rescinded.
Becker questioned the need for the urgency ordinance.
Mr. John Hoffmire, representing Leverage Funding, owners of the
second unit of Harbor Hill Apartments, and J:lr. William Cussen,
representing the owner of 80 Lyford Drive, spoke against the
moratorium extension.
After further discussion, question was called on the motion to
adopt the ordinance, and the motion carried:
AYES: COUNCIUJEN : Aramburu, Fanning, Littman, Sennett
NOES: COUNCIU.mN : Becker
ABSENT: COUNCIU.1EN: None
Motion of Littman, seconded by Sennett, that the Planning Com-
mission be directed to report to the Council on an ordinance
CITY COUNCIL fUNUTES NO. 334 November 12, 1913
Page 1
on the matter covered by 1:he condominium conversion question no
later than the first meeting in Deoember, carried:
AYES: COUNCILMEN: Aramburu, Becker, Fanning, Lit:tman, Sennett
NOES: COUliCILUEN : l~one
ABSENT: COUNCIU.mN : None
2. APPLICATION FOR TEMPORARY USE Action: Permit granted
PERI.IIT -- LIONS' CLUB
CHRISTMAS TREE LOT
It was moved by Sennett, seconded by Becker, to grant the applica-
tion for Temporary Use permit for the Shark Lions' Club to
operate a Christmas Tree Sales lot on the vacant lot at 1620
Tiburon Boulevard.
To a concern by former f.1ayor Gordon Strawbridge, Lions' Club
member Gary Gray stated it is his understanding the trees are
to be purchased from a regular Christmas tree farm and will be
sold by the Belvedere and Tiburon Boy Scouts.
Question was called, and the motion carried:
AYES: COUNCILMEl~ : Aramburu, Becker, Fanning, Littman, Sennett
NOES: COUNCILivIEN: None
ABSENT: COUNCIUmN : None
3. HEARING ON ORDER TO SHO~7 CAUSE-- Action: Continued
WHY A PORTION OF HACIENDA DRIVE
SHOULD NOT BE DECLARED A PUBLIC
NUISANCE
DR. WARREN L. BOSTICK, ET AL, OWNERS
Sennett questioned the legality of declaring a nuisance on p~operty
which has been used by the public for years. The City Attorney
responded to deolare a public nuisance there must be public
test~ony that it does constitute a nuisance and the Council must
make the findings that it did constitute a nuisance. If the
Council finds it a nuisance, the City Manager should be
directed to take appropriate steps to insure that the nuisance is
corrected, and the cost of this correction becomes a lien on the
property and the owners of the property incur a personal liability
for the cost as subsequently assessed by the Council.
The City Attorney advised Mr. Fulkerson, attorney foX' the Estate
of J. Benton BostiCk, deceased, had requested this matter be
continued in order that he could contact Dr. Warren Bostick,
who is in Sou~ern California, to determine his position in the
matter and present it the Council. The City Attorney reoommended
the Council hear from whomever wished to present tes~imony this
evening, and then that the matter be continued in order that Mr.
fulkerson may be present and speak to the matter.
The Chair declared the hearing opened.
Littman questioned whether the road was o'~ed entirely by the
Bosticks or if abutting owners had any interest underneath the road.
The City Attorney responded it was his understanding that the
road was owned by Warren and Benton Bostick and their wives.
The adjoining owners prObably have an easement over the road, he
stated.
Littman questioned why the adjoining O\'1ners who have easements
and who have used the road are not also respondents in a nuisance
proceeding.
CITY COUNCIL MINUTES NO. 334 November 12, 1973
Page 2
November 12
Page 3
CITY COUNCIL MINUTES NO
(A copy of a letter written to the Users of
Hacienda D~:i'-~7 ri.crn~d by Warren L. Bostick,
· .- · ~ - T.:J .... · f · ti )
was m<::.::__ _.~_ __~.......~_" __ _:-- __'..I.en _1 1ca on.
.
334
,
1973
SENNETT: Do you care
we are going to be hearing
if we gave it to th.'1 ('~_~::l,:
to introduce a copy of it here? Since
this again, I think it would be well
~~d n copy to the Council.
SENNETT
MRS.
BOSTICK:
Yes
,
I do.
Do you have a copy of that?
COUNCILMAN SENNETT: The lady said that she had sent a letter
to the other people who had shared an easement in the property.
Did you say that you had sent a letter to these people?
MRS.
BOSTICK:
Yes
,
my brother-in-law did.
I
sation
just ask you to consider
for any condemnation.
I guess that really ~Alat I have to say, in conolusion is that
we just feel it isnr~ really fair for the City to insist that,
as they said in their lett.'~Z" to ma which ~ received eight days
after it was mailed and I did not receive a copy of it or of the
agenda tonight. --!...?th of these have been sent to my lawyer,
although I am _lsted a.R a rE'''.id':'''1.t'''of Tiburon. It seems unfair
that this should be condemned as a public nuisance, as you said
in your letter, "and said nuisance be abated by its repair and ~YJ
the oosts of such abatement should not be assessed upon the
property from which the nuisance is abated, such cost to constitute
a lien upon said property until paid."
that
there
should be
just compen-
A copy of the California law and of our position on this
was sent to each of the owners of the property abutting on ~is
portion of Hacienda Ter!:ace, and \'lTe heard from only one of the
owners in all this time, which is approximately two to three
months, one of thE'..m, the O'\rlner of the hospital and rehabilitation
center which you're all famili.ar with, and this gentleman said that
he would be willing to CO:l~=:.:.:r:~,~tc $250, which seemed imminently
reasonable.
Now, because of this, my brother-in-law, Warren L. Bostick,
in the interest of the family, wrote a statement to all the
people who have easements on the road and said that the Bosticks
were very interested in cooperating in trying to make a kind of an
adjustment with the City; in other words, a dedication of this land
to the City, but that the Bosticks felt that in the history of
the situation, and because the law so stated that the people had
had the use of this easement through the years, should contribute
to the cost of bringing it up to City standards, which I presume
is necessary, if the City wishes to acquire it.
~ms. BOSTICK: Mr. Littman has primarily stated part of my
position which evolves on the fact that the Bosticks are the
owners of a land on which the road is located, and they paid
money for this land and the~. did so develop the road. They paid
for the location, for the paving of the road, and oertainly main-
tenance of it, and it's also a f~ct that there are certain people
abutting on the road that he....te c~.."!1e::ship of easements along that
road. And Mr. Littman h~D stated, as I'm sure a great many of
you know, that Califo:-.:nia le.'\"l says that the owner of any ease-
ment in the nature of a private right-of-way or of any land to
which such easement is attached, shall maintain it in repair,
and that there is opportunity for agreement among the persons that
own such an easement; and in apportioning the cost of maintenance,
and in the absence of an agreement, the cost sha~l be shared
proportionately to the use made of the easement by each owner.
[Verbatim Transcript]
11rs. Beverly Bostick, being first duly
City ~~nager, testified as follows:
sworn by the Assistant
November 12,
Page 4
CITY COONer!.I
THE CHAIR: It iGn't th'3 intentG It's contrary to the
policy to make such a pnrc~'1ac~ of r~:":::i?:-~::-~Y of this sort, and in
the meantime we still ha.,to to drvd.de ~':Tho' S 0 going to maintain it.
The road has to be maintainnd and itis not been. That's the
decision we are going to ha7~ to make.
MINUTES NO.
334
1973
LITTl1AN: My point is, I would have no objection in discussing
the matter if we were to continue a nuisance hearing. A nuisance
hearing is almost a qua~i-criminal hearing. I would hate to have
this Council -- I d~n't think there's any intent -- I would hate to
have this Council be charged with using a proceeding of this kind
in order to obtain a negotiation.
THE CHAIR (COUNCIL~~ FANNING): I think we might as well
get to the bottom of it, ~Jher(~ tho o~';nership question lies in the
matter. We can' t reall~l [;Jl,:,\~ -:':1". ~ 11lli.i:;;D..nce question without
resolving the ownership, 1:c) ~;~:.o~'!.". 'd.~o nuic~lnce assessment should be
applied7 without reB:)l\Ti~g t.l~,~ O':::.:~:=shi.p question, and it has come
up. Mr. Benton Bostic~c, bl":'~f~::::~~ his death, did, on several occa-
sions, offer to dc::dic~-:':.e the c:":ltire stretch, including that in
Upper Hacienda, to th9 City, and r.e h:1.d a~~ked to have the papers
arranged so it could be done. This ",7aG i.n my presence that this
occurred, so I'm sure it hC1.ppcned. It W,lS for a variety of
reasons not done. I have spoken to several of the City officials
at that time, and they had thej.r rea.sons for not proceeding.
Subsequent to ~lr. Bc~ton BOGti.c}:' s death, Dr. Warren Bostick was
contacted on the matter, and wishes to sell this, in effect sell
the City the street, and that is where we stand right now. In
the meantime, nobody is maintaining it. ~1ost developers either
dedicate it to the adjoining property owners or they have property
owners' associations on these private roads, such as you have where
you live, or it's dedicated to the Ci.ty as part of the development
rights. This is probably the first time in all the years I have
been around here where we have a situation where an area has been
developed and the key access road ren~ined in private ownership.
SENNETT: Well, I ",ill stand by tolhat the ruling the Chair
wishes to make. I'm trying to get some clarification. She talked
about condemnation and sale, and I thought I could not understand
that except the cO:Gtext of th8 coItl:':~unication we have had in the
past. If the Chair feels that is out of order --
COUNCILMAN LITT~~: Point of order. With the greatest
respect, I do not think it's appropriate at a nuisance proceeding
to discuss those matters.
rms.
SENNETT: At one time we were advised there was an offer
of dedication to the City without any consideration of compensa-
tion, and we have never been able to find any evidence of that.
And the only written communication we have, someone has given me,
is from Dr. Warren Bostick of March 1 in wh~.ch ha offers to
dedicate the property in return for $1500. '0 It would appear
that at one time the property was offered for dedication to the
City without any exchange of money for dedication. At this time,
apparently the price of $1500 was requested. What is the position
now? Is it still the position that the City should pay for the
property in its present condition?
BOSTICK:
I know nothing about the other offer.
MRS. BOSTICK: The intention is to dedicate it. We have no
reason to wish to maintain,cr retain it, rather. But we just, in
dedicating it, wish to have prcpar cc~p8~sation from the people
that are involved besid~3 curselvJ3r and also, perhaps, from the
City
SENNETT: I didn't understand from your statement, l-1a'am,
whether it was your intent to keep the property in the Bostick
name or whether the inten-::ioH was to dedicate it to the City.
What is the intention, so far as you kno\-1?
Mr. Sennett can proceed
SENNETT: I'm struggling to understand the position that the
lady spoke to.
Are you aware of any offers of dedication ever being made
other than this one of Dr. Bostick's?
MRS. BOSTICK: I have gone through all the Hacienda Terrace
records and I see no letter indicating willingness to dedicate.
They must have all been verbal.
SENNETT: So the intent, as you understand it, is to get
consideration from the property owners who enjoy easement in that
property to bring the street into good repair, and then offer the
street to the City in return for some sum?
I\1RS. BOSTICK: Exactly.
SENNETT: And that would be the desire in effect today?
Iv1RS. BOSTICK: Yes.
SENNETT: And you have had one occasion of one property
owner that he would contribute $250 towards what purpose?
MRS. BOSTICK:: I am not -- I have no copy of his letter. I
don't know how he stated he preferred the use of his $250.
SENNETT: As far as your concern of the Bosticks, if they get
some contributions from property owners, are they ready to make the
repairs on the street?
HRS. BOSTICK: That I can't say.
SENNETT: Thank you.
[End of verbatim transcript.]
The Chair directed the hearing continued until the attorney repre-
senting the Bosticks can be present.
Littman quoted from Section 24-2 of the City Code which provides
that a public nuisance shall further include any unlawful obstruc-
tion or encroachment on any public property. He urged that the
action include all the easement owners as parties to this action.
With the concurrence of the City Attorney, and it being the sense
of the Council, the Chair directed that the abutting property owners
be notified of the hearing in this matter, which is continued to
the next regular meeting on November 26th.
v. PUBLIC QUESTIONS AND COr1MENTS
On behalf of the Belveron Property Owners, Mr. Don Batten presented
Chief-of-Police Mike Lafferty with a photograph taken during the
ceremony for the changing over from County police services to
Tiburon's own police department. He expressed their gratitude
and appreciation for the safe community they now enjoy as a result
of the Tiburon Police Department.
ltrs. Polly Smith urged the Council take a favorable stand with the
City of Petaluma in their defense of the appeal to their Zoning
Ordinance restricting building to 500 units. The Chair read from
Minutes No. 330 wherein the matter was discussed and it was the
sense of the Council, with the exception of Becker, that they
did not have sufficient information to take action. Becker
supported contributing funds. Af.cer further discussion, it was the
sense of the Council they were sympathetic with Petaluma but opposed
donating a financial contribution.
CITY COUNCIL MINUTES NO. 334 November 12, 1973
Page 5
November 12,
Page 6
CITY COUNCIL
Sennett moved, seconded by Littman, that the Council endorse in
concept the exploration of this additional facility at that site
and refer the matter to the Park~, and Recreation Commission for
l-1INUTES NO.
334
1973.
Sennett reported at his request the City Engineer has examined
the Reedland Woods School site for the possibility of construct-
ing additional tennis courts, and has discussed the matter with
the school principal. It has been determined it is possible to
construct two or four tennis courts on the site, at an estimated
construction cost of $25,000 for two courts.
A recess was taken at 9:10 p.m.,
9:21 p.m., the roll standing as
the Council reconvening at
originally taken.
AYES:
NOES:
ABSENT:
COUNCILMEN
COUNCILf-1EN
COUNCILl\1EN
RECESS
Becker, Fanning,
Aramburu
None
After further discussion,
carried:
Littman
,
Sennett
question was called
Becker questioned the advisability of setting a tight schedule for
the EIR consultant as it might compromise their choice in selecting
the consultant; and, secondly, it may result in a higher cost to
the applicant if the consultant is on a t~ght schedule. After
extensive discussion, it was the sense of the Council that the dates
should be flexible and should not be a prime consideration in the
selection of a consultant.
,
and
the motion
It was moved by Littman, seconded by Sennett, that in view of the
public interest and concern over the Environmental Impact Report of
Sequoia Pacific, that the Council now set as hearings on the
Environmental Impact Report, at joint sessions of the Planning
Commission and the Council, two hearings: one on January 23, 1973#
and the second on February 7, 1974; and further direct the
Environmental Impact consultant, whomever it may be, to have the
report available for public distribution at least fifteen days
prior to the dates in question.
It was the sense of the Council that because the project has not
been before the Council, they could not take the requested action.
There being no objection, the Chair directed staff to prepare a
letter, for his signature, stating there is no City policy for
requests of this nature, and he would suggest they make the
request to the Planning Commission as the plan is presently before
that body.
Mr. John Hoffmire stated there are developments that would be
affected if the 24 hookups were reserved, and he objected to
permits being issued to a developer that has not even had the
improvements completed. Mrs. Polly Smith questioned whether this
can be done before the completion of the EIR.
The Chair stated they have not seen the development plans, and in
his opinion it would be difficult to request a District to reserve
this for one property owner and not for another. Sennett suggested
this request be made to the Planning Commission as they are aware
of pending developments that might be equally meritorious. Sennett
stated in his opinion the Planning Commission is the only body who
has seen the plans and who have enough information to make a
preliminary decision.
Sennett called the Council's attention to a letter from Mr. Ruth
dated November 9, 1973, requesting that the Council write the
Richardson Sanitation District requesting they reserve 24 sewer
hookups for Tiburon Townhouse Development.
their review and recommendations to the Council. Question was
called and the motion carried:
AYES: COUNCILI\1EN : Aramburu, Becker, Fanning, Littman, Sennett
NOES: COUNCILHEN: None
ABSENT: COUNCILHEN: None
Chairman Gary Gray of the Parks and Recreation Commission stated
this matter is currently under study and they should have a
report within the next few weeks.
IV. BUSINESS OF THE COUNCIL
CONSENT CALENDAR
Item 16, UNDERGROUNDING OF UTILITIES STATUS REPORT, was removed
from the Consent Calendar.
It was moved by Becker, seconded by Sennett, to adopt the Consent
Calendar consisting of the following items, with the recommended
action:
No. 14. CLAIM FOR PERSONAL DAMAGES - claim denied
No. 15 CLAIU FOR PERSONAL DAMAGES - claim denied
No. 17. ACCEPTANCE OF NOTICES OF CO~~LETION FROM CITY ENGINEER -
adopt Res. No. 584 Accepting Storm Damage Repair C-ll
Projects; and Res. No. 585 Accepting Preparation for
New Tennis Courts at Del Mar School.
No. 18. CASH FLOW (July and August)
No. 19. CONTRACT WITH CALIFORNIA HIGHWAY PATROL FOR ABATEMENT
OF ABANDONED VEHICLES ON PRIVATE PROPERTY - Resolution
No. 586 adopted
No. 20. AUTHORIZATION OF CITY COUNCIL OF CITY OF TIBURON FOR
PARTICIPATION OF THE CITY OF TIBURON IN THE MARIN
COUNTY CENTRAL INVESTIGATING UNIT - Resolution No. 587
adopted.
Question was called, and the motion to adopt the Consent Calendar
consisting of the above items, carried:
AYES: COUNCILMEN: Aramburu, Becker, Fanning, Littman, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILHEN:: None
5. CERTIFICATE OF APPRECIATION
It was moved by Littman, seconded by Becker, to approve the
Certificate of Appreciation from the City of Tiburon to
William P. O'Neill for his generous contributions to and service
on the Parks and Recreation Commission. Question was called, and
the motion carried:
AYES: COUNCILlmN :: Aramburu, Becker, Fanning, Littman, Sennett
NOES: COUNCILI1EN :: None
ABSENT:: COUNC ILI\1EN : None
6. AMENDMENT TO JOINT POWERS AGREm~~T -
CITY-COUNTY PLANNING COUNCIL
Aramburu presented to the Council for adoption an amendment to
the Joint Powers Agreement that would create an Advisory Review
Committee. He spoke in support of the amendment and stated in his
opinion the Agency Review Committee should be advisory. He
stated project implementation will not be delayed in the review
process as they have specifically set forth that the City's time-
table will prevail. He stated planning by default must stop,
and he urged the City take positive action.
CITY COUNCIL MINUTES NO. 334 November 12, 1973
Page 7
After discussion, Sennett stated in his opinion Attac~ant A
needs rewriting for clarification purposes.
It was moved by Littman, seconded by Sennett, that the Council
approves in principle the concept of an Advisory Review Agency,
as set forth in Attachment A, with final approval to be con-
tinued to November 26th in order that Attachment A may be
edited.
Question was called, and the motion carried:
AYES: COUNCILHEN: Aramburu, Becker, Fanning, Littman, Sennett
NOES: COUNCILr-IEN: None
ABSENT: COUNCIUiEN: None
7. ENVIRON~~NTAL HEALTH CONTRACT BETWEEN
CITY OF TIBURON AND THE COUNTY OF ~mRIN
Motion of Aramburu, seconded by Becker, that the Mayor be auth-
orized to execute the City-County Health Agreement as sub-
mitted, carried: All Ayes.
8. APPOINTMENT OF CITY MANAGER Action: Adopted Res. 582 & 583
It was moved by Littman, seconded by Aramburu, to adopt Resolution
No. 582, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TIBURON APPOINTING ROBERT L. KLEINERT AS CITY ~mNAGER/CITY CLERK.
Question was called, and the motion carried:
AYES: COUNCIIJ1EN: Aramburu, Becker, Fanning, Littman, Sennett
NOES: COUNCILHEN: None
ABSENT: COUNCILHEN: None
It was moved by Becker, seconded by Sennett, to adopt Resolution
No. 583, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TIBURON FIXING THE SALARY OF THE CITY ~mNAGER/CITY CLERK FOR
THE FISCAL YEAR 1973-74. Question was called, and the motion
carried:
AYES: COUNCILHEN: Aramburu, Becker, Fanning, Littman, Sennett
NOES: COUNCILNEN: None
ABSENT: COUNCILlJIEN: None
It was moved by Littman, seconded by Sennett, that the City
Council express its formal thanks to Mr. Balmer for the services
he has rendered to the City of Tiburon. Motion carried unanimously.
Becker expressed his approval of the new City Manager, but
questioned the selection process. Becker and Sennett paid tribute
to the efforts of Mr. Balmer while City Manager of Tiburon.
9. AWARD OF CONTRACT -- INSTALLATION Action: Contract awarded
OF TRAFFIC SIGNALS
The City Manager presented bids received for the installation of
traffic signals and lighting on Tiburon Boulevard at the Beach
Road and Avenida Miraflores intersections.
The Deputy City Engineer advised the actual cost for this work
is $85,167.95, with Federal funding being $50,301.76 and the
City's total contribution being $34,866.19.
He stated there are costs other than the contract, such as for
building a curb for the one intersection, light bulbs, striping the
streets, relocation of street signs, contingency fees, et cetera.
The Assistant City Manager stated the discrepancy between the
amount listed for the total job and the amount budgeted is due
to the fact that the City Engineering costs were paid from last
year's budget. The Deputy City Engineer advised they received
CITY COUNCIL MINUTES NO. 334 November 12, 1973
Page 8
November 12
Page 9
CITY COUNCIL
Mr. Klein gave the history of the plan and showed maps of the area
depicting the geology, data maps, maps showing recommended areas
for houses and areas to be pres0rv.ed as open space, which included
all of the crestline of the ridses. He stated they showed develop-
ment on land contiguous to property already developed. He further
f.1INUTES NO.
334
,
1973
Mr. Rampton Harvey, chairman of the Ring Mo~ntain Advisory
Committee, introduced Mr. Dennis Klein, a member of the com-
mittee, who presented maps showing a proposed General Plan
for the Ring Mountain area.
RING MOUNTAIN ADVISORY
COf4MITTEE REPORT
4.
Action
After discussion, at the request of Sennett, and there being no
objection, the Chair directed the matter continued to the
next agenda, to come back with staff's review of the letter from
the State Department of Transportation, together with the City
Attorney's analyses to the extent that the City is making cem~
ments over and above the sums. The Chair directed further that the
staff prepare a status report on the Gas Tax situation and how it
will affect the various projects that have been scheduled in
the budget for the remainder of this fiscal year.
Report received
The Deputy City Eng.:i.l".(~e~: adv'iscd they have received a letter of
understanding from the S.tatc Department of Transportation which,
with the concurrence of the City Council, gives the State the right
to become an agent of the City's to acquire this property. He
read the letter in full to the Council.
The Assistant City Manager p~esented for approval the draft
resolution approving rrog~am Supplem~nt No. 1 of the Master
Agreement for Feder~l-Aid Urban Systems Projects between the
State of California and the City of Tiburon, which has to do with
right-of-way acquisition in th8 ~~~a of Blackie's Pasture.
11
F.A.U.S.
Motion of Sennett, seconded by Becker, that the City accept the
report on the annual audit and review of the City of Tiburon's
Financial Statement~; carried: All Ayes.
PROJECT - BL~CKIE'S PASTURE
At the request of Aramburu, the Chair requested a representative
from Sleezer and Eckhoff be present at a future meeting to
answer questions the Council may have in regard to recommendations
made in their report
10
ANNUAL
AYES:
NOES:
ABSENT
AUDIT FOR FISCAL
COUNCI LHEN
COUN CI Ll'v1EN
COUNCIUv1EN
.
..
.
.
.
Aramburu
None
None
YEAR 1972-73
Action
Report accepted
,
Becker
,
Fanning
,
Littman
,
Sennett
Question was called
In response to a question by Mr. Gary Gray about the completion of
the Paradise Drive walk~ay, the Assistant City Manager stated
funds have been budgeted fo~ th~ project but Co~~cil will have to
examine each of the ~~ricn8 Gas Tax projects and determine prio-
rities. Mrs. Phyllis Ellman u~ged the Paradise Drive project be
completed because of the dangerous pedestrian situation that
exists.
,
and
the moticn to award
the contract carried
After discussion, it waG moved by Becker, seconded by Littman, to
accept the low bid of Stciny and Co., Inc., of San Francisco, at
a cost of $53,293.00.
a notice from th~ Federal
and will pay their share.
Highway Agency that
they approved
the bids
November 12
Page 10
CITY
Littman questioned the practicality of reducing density, and at
the same time requiring J.o~ &nd moderate-income housing development
COUNCIL
f.iINUTES NO.
334
,
1973
Aramburu complimented the committee on the plan. He questioned
the moderate-income housing aspect and stated this must be
considered in reali:1tic terms. He urged the plan be presented
to the CCPC for review.
Mrs. Polly Smith complimented the committee on the plan. She
stated the projection for this property is 1,000 units by 1990,
so the proposed 710 is a realistic figure. She agreed there should
be no development shown on the high school property, and also
recommended lowering the density in the North Paradise area.
She stated the residents in that area will object to the Uplands
extension as they currently have sewage and water problems.
She urged some use be shown for the Hudec-Stevenson land, such
as a golf course.
Becker stated the plan preserves the ridges and allows development,
but in so doing it disburses traffic in such a manner as to have
a small impact because it uses the strategy of simple extension of
the existing areas. He questioned where the number 710 came from
for the units proposed. Mr. Klein repponded the 710 number was
arrived at by planning density for each area and determining area
by area what the proper density would be. Mr. Harvey stated to
tmplement the plan there will have to be zoning changes made by
the City of Corte Madera and by the County.
Sennett stated there is appropriate commitments for land develop-
ment for all the areas e:Y.:' .~:"t: that o,med by Hudec-Stevenson. In
erder to avoid being confiscatory, they should offer for the land
its equivalent value, taking inLv consideration the County Tax
Assessor's estimate of fair mar~~ct value. This will avoid condemna-
tion being made.
Sennett complimented the committee on the plan. He stated the
committee was charged by the Board of Supervisors to prepare a
concept which fit all the various plans for this area, that was
consistent with the development in the surrounding neighborhoods,
and one that would allow to a large extent some type of feasible
development. He st?ted the County Parks and Recreation Commission
will be of assistance, as needed, to this particular plan, and also
the committee will be exploring the possibility of public acquisi-
tion of the open spaces. He stated the plan calls for open space
on the ridges and preservation of Ring Mountain, and the proposed
plan is appropriate in those concepts and allows for clustering
in areas that are adjacent to established neighborhoods.
Fanning objected to the development shown on the high school property
He stated this property will always remain under the ownership of
the school district and there are no plans for its development.
presented maps showing the vegetation in the area. and pointed out
areas which contain rare, endangered plant species. r~s. Phyllis
Ellman identified the rare plants for the Council. He pointed out
the areas that contain rare geologic rock types which they would
urge be preserved because of its unique character. He presented
a map showing the water patterns of the hill, which included the
ravines and the flow patterns, and pointed out the areas that, if
developed, would disrupt drainage patterns and cause erosion
problems 0 He presented a map showing the steepness of the slopes.
He discussed the map showing the areas suitable for development
and outlined the recommended zoning for each area. He stated the
proposed development is spread out and no one street is getting
the brunt of the additional traffic that will be generated. He
stated an owner of 85 percent of the land involved has attended
several meetings and has ofiered to work with the committee. He
has offered to sell his property for open space at the sum of
$44,000 an acre, which is well below the market value of the land.
Mro Klein stated there has been much oppos'ition to any density
other than single-family housing. For moderate-income housing,
single-family housing is economically impossible. He described
the areas where it may be possible to put in the moderate-income
housing. .
It was moved by Sennett, seconded by Becker, that the Council
express its approval of the basic policy and general outline of
the plan presented this evening as a working document subject to
further review by the City Planning Commission and the City
Council.
At the request of Littman, and with the approval of Becker,
Sennett amended the motion that the Council appreciates the work
done by the Ring Mountain Advisory Committee and commends them for
the plan presented this evening as a working document, subject
to further review by the City of Tiburon's Planning Commission
and Council.
Question was called, and the motion carried:
AYES: COUNCILr.1EN~ Aramburu, Becker, Fanning, Littman, Senaett
NOES: COUNCIIJ4EN : None
ABSENT: COUNCIU'lEN: None
16. m~DERGROUNDING OF UTILITIES STATUS REPORT
The Chair directed this matter continuedo
12. STATE PARK BOND ISSUE OF 1974
It was moved by Sennett, seconded by Aramburu, that the City of
Tiburon support by Minute Order the State Beach, Park, Recreational
and Historical Facilities Bond Act of 1974.
After discussion, at the request of Littman, and with the
approval of Aramburu, Sennett amended the motion to include in the
1,iinute Order: UExcept that any funds allocated from said sources
to the County of Marin be pro-r~ted to generally conform to popu-
lation within the County.it
Question was called, and the motion carried:
AYES: COUNCILHEN: Aramburu, Fanning, Littman, Sennett
NOES: COUNCILHEN:: Becker
ABSENT: COONC ILI-ffiN : None
13. AUTHORIZATION FOR STOlli1 DA}~GE REPAIR
(Slide repair at Hacienda Drive and Porto Marino)
The Assistant City Manager reported the City Engineer estimated the
cost of repairing the above slide would be approximately $29,000,
and this is not a budgeted item.
The Deputy City Engineer reported they are in the process of
preparing an application to the State Agency called the National
Disaster Act by which the State takes over some of the storm damage
repair jobs that the Federal Government did not fund. He stated
they are preparing a resolution for the next Council meeting in
this regard, and the City may want to apply for State aid for
this project as per the proposed resolution.
In response to a question by Littman, the City Attorney advised
the County would not have any liability merely by approving a plan
unless there were inverse cond-~7-~;l3. tion.
After discussion, and there being no objection, the Chair directed
the matter continued to Novembe~ 26th in order that the City
CITY COUNCIL MINUTES NO. 334 November 12, 1973
Page 11
Attorney may investigate the matter and submit his recommendations
to the Council.
~tt. Gordon Strawbridge reported part of the Sequoia Pacific
property is sliding down onto Mar West. The Superintendent of
Public Works stated this project had been included in their
program but was turned down by Disaster Relief.
22. CLAIMS REGISTER NO. 109
On motion of Becker, seconded by Sennett, Register of Claims No.
109 was adopted:
AYES: COUNCILHEN: Aramburu, Becker, Fanning, Littman, Sennett
NOES: COUNCILI<IEN : None
ABSENT: COUNCILI-lEN : None
21. POLICE REPORT
The Chair directed the report receivedo
VI. ADJOURNriENT TO REDEVELOPI1ENT AGENCY
At l2~11 a.m., the Chair adjourned the Council to a meeting of
the Redevelopment Agency.
VII. ADJOURNr1ENT TO EXECUTIVE SESSION
At 12:55 a.mo, the Council reconvened and the Chair adjourned
the meeting to Executive Session to discuss pending litigation
against the City.
VI I I . ADJOURNr~lENT
At 1:25 a.m., the
Ro
APPROVED BY THE CITY COUNCIL ON:
Oth , 1973.
ror
CITY COUNCIL M}:rJUTES NO. 334 November 12, 1973
Page 12
CORRECTED MINUTES
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 Branwell Panning at
7:43 p.m., November 26, 1973, in the City Hall Council Chambers.
II. ROLL CALL
PRESEl~T : COUNCILI~N : Fanning, Aramburu, Becker, Littman, Sennett
ABSENT: COUNCIUiEN: None
EX OFFICIO: R. L. Kleinert, City Manager
Richard H. Breiner, Deputy City Attorney
Stanley M. Bala, City Engineer
Richard Arjo, Director of Community Dev.
Louis F. Brunini, Supt. of Public Works
Hellen K. Hecht, Minute Clerk
III. APPROVAL OF MINUTES
Nos. 332 and 333
On motion of Sennett, seconded by Aramburu, ~1inutes Nos. 332 and
333 and Redevelopment Agency Minutes Nos. 2 and 3 were adopted:
AYES: COUNCIU4EN: Aramburu, Fanning, Littman, Sennett
NOES: COUNCIU.mN: Becker
ABSENT: COUNCIUIEN: None
Minutes No. 334 were continued.
IV. BUSINESS OF THE COUNCIL
1. ORDER TO SHOW CAUSE - Action: Cont'd to Dec. 10
HACIENDA DRIVE
The Chair stated this matter has been resolved, and is continued
to the next regular meeting in order that the proper paperwork
can be prepared. He stated interested citizens offered the money to
buy the street as the City is not in a position to purchase it, and
the citizens will then dedicate the street to the City. The City
Manager stated an agreement with the citizens purchasing ~e property
and the City is being prepared, but the matter will have to come
back to the Council for approval.
In response to questions by Mr. Bill Hardy, the City Attorney
stated the City cannot make improvements on private property1
and in order for them to make repairs, it must be dedicated to
the City.
The City Attorney stated the present City policy is to require
streets be brought up to City standards before dedication, and
if the City accepts Hacienda Drive in its present condition,
this would, in effect, be changing City policy.
The Chair directed the matter continued to December lOth.
2. REZONING OF 1.5 ACRES OF Action: Ord. passed 1st reading
RICHARDSON BAY LAND COMPANY
An ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TIBURON REZONING LANDS OF RICHARDSON BAY LAND COMPANY
AT CORNER OF LYFORD DRIVE AND ROUND HILL ROAD FROM RO-2 TO RPD-2
ZONE, came on for introduction and first reading.
CITY COUNCIL MINUTES NO. 335 November 26, 1973
Page 1
November 26
Page 2
CITY COUNCIL
After 4iscussion by the public nnd the CClmcil, Littman suggested
the matter be remand~d to th.~ Pl~nni~g Co~~isRion for consideration
of the appropriat~neRS c= e~e li::3s for the lot split, and suggested
perhaps a satisfactory solution ~~uld t3 nrrived at at the rehearing.
MINUT:8S
NO
335
,
1973
Mr. Ernest Mendenhall, owner, spoke to the applicat~on. He stated
in order to purchase the home they were interested in, they had to buy
the three lots, which were subsequently realigned with the assist-
ance of the Director. He st~ted the requested variance is not
inconsistent with the neighborhood, and they are attempting to
get cars off the street.
r~. Harold Pepperell stated he had not been notified of the applica-
tion for a lot split in this matter. He spoke against the variance
in that. the hardship was created by the owners of the property.
lir.
~tt. John O'Brian, architect, spoke to the application and presented
maps showing the proposed constru~tion and photographs of the area.
He stated they requested the variance and a temporary encroachment
permit to allow the parking space to extend into the public right-
of-way, which would preservo the Inndncflping in front of the pro-
perty.
Stuart Barnes
,
appellant,
spoke to
the application.
The Director presented th...... r'.'='::.l~~ d.F:?e~l to the Council, and stated
the Board of Adjustner..7.rJ l:.-:'.:~ denie~1 the '''r.~ciance on the basis it
cannot be found thfl t i:he h~~4.F;hip i.s nnt caused by the owner of
the property. He prcp;ent~~ m~pr. o~ the p~operty and stated the
variance was to reduce the :Eront- (1,n1 s;.('.~-yard setbacks.
APPEAL FROH DECISION OF BOARD
OF ADJUSTl~NTS IN DRNYIN~ AN
APPLICATION FOR VARIANCE, :?~OPERT'1
LOCATED AT 2246 r~~ EAS~, S~UA~~ BARNES
,
A~'PLICANT
4.
AYES:
NOES:
ABSENT
.
.
COUNCILMEN
COUNCIUiEN
COUNCILMEN
.
.
.
..
.
.
Aramburu
Littman
Non~
Action
Appeal denied
After further discussion,
carried:
,
Becker
,
~' anning ,
Sennett
It was moved by Sennett,
be deemed to have passed
question was called,
seconded by Aramburu,
first reading.
and
the motion
that
On motion of Sennett, seconded by Becker, and there being no
objection, full reading of the ordinance was waived and the ordi-
nance was read by title only.
the ordinance
Mr. Howard Allen, owner of the prOpG1:ty, presented proposed plans
for the area. He stated they are requesting the rezoning in order
that the property can be developed in such a way as to preserve the
maximum amount of open space. The Director stated the only
matter before the Council this evening is the rezoning action
Sennett requested the minutes reflect the Cotmcil's recommendation
that maximum density fc~: the pro:;>erty is three units.
Littman objected t:o.ia~ d't'i...:i.ling units being permitted in this
area as to date there are n0 attached dwelling units on the side of
Lyford Drive that this property is located.
The Director stated the recommended RPD-2 zoning would not change
the density, which allows a maximum of three units, but the advan-
tage of the new zoning is to allow greater flexibility in siting
based on the contours of the land, and allows either attached or
detached structures.
The Director stated notices were not sent out to the adjacent property
owners as it was not a hearing for a lot split but merely a
readjustment in lot lines.
It was moved by Sennett, seconded by Aramburu, that the appeal be
denied and the action of the Board of Adjustments be upheld.
After further discussion, question was called, and the motion
carried:
AYES: COUNCILl>1EN: Aramburu, Fanning, Sennett
NOES: COUNCILI\.1EN : Becker, Littman
ABSENT: COUNCIU.1EN : None
It was moved by Sennett, seconded by Fanning, that the Director
hold a hearing on the lot split, with due notice to be given to
all tile surrounding property owners within the 300-foot limit
established by City policy.
l~. Mendenhall objected to any further hearing on the lot split as
it had been approved by the Director in April, and he had purchased
his property on that basis.
Littman questioned the appropriateness of denying a variance if the
Council is rescinding the lot-split approval.
Question was called, and the motion failed:
AYES: COUNCILI,lEN: Fanning, Sennett
NOES: COUNCILMEN: Aramburu, Becker, Littman
ABSENT: COUNCILMEN :: None
The City Attorney advised the lot split approved by the Director
is not legal in that the decision was made contrary to established
City policy that notice must be given to surrounding property owners.
He stated the applicant may now reapply for a new lot split, with
proper notice to be given to the adjacent property owners.
3. ZONING ORDINANCE ~~NDMENT Action: Ord. passed 1st reading
TO SECTION 11-1
An ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON AMENDING
SECTION 11-1 OF ORDINANCE NO. 9 N. S., TIlE TIBURON ZONING ORD INANCE ,
BY REQUIRING BOARD OF DESIGN REVIEW APPROVAL PRIOR TO THE ISSUANCE-
OF A GRADING PE~lIT, came on for introduction and first reading.
On motion of Sennett, seconded by Aramburu, and there being no
objection, full reading of the ordinance was waived and the ordinance
was read by title only.
It was mvoed by Aramburu, seconded by Sennett, that the ordinance
be deemed to have passed first reading.
The Director advised individual building sites on private property
would not be affected by this ordinance.
After discussion, question was called, and the motion carried:
AYES: COUNCIU-1EN: Aramburu, Becker, Fanning, Littman, Sennett
NOES: COUNCILr-1EN: None
ABSENT: COUNCILMEN: None
RECESS
A recess was taken at 9:20 p.m" the Council reconvening at 9:30 p.m.,
the roll standing as originally taken.
CITY COUCNIL MINUTES NO 335 November 26, 1973
Page 3
CONSENT CALENDAR
It was moved by Sennett, seconded by Becker, to accept the Consent
Calendar consisting of the following items:
12. EL MARINERO ASSESSI~NT DISTRICT - Resolution No. 592
13. ACCEPTANCE OF DEED TO CERTAIN REAL PROPERTY - Resolution
No. 593
14. ACCEPTANCE OF NOTICES OF COMPLETION PROJECTS - Resolution
Nos. 590 (Storm Damage Repai~--Bicycle Bath failures) 591 (Storm Damage
Repair--street drainage on Corte San Fernando)
Question was called, and the motion carried:
AYES: COUNCILIYIEN : Aramburu, Becker, Fanning, Littman, Sennett
NOES: COONC ILl-tEN: None
ABSENT: COUNCILl:tEN: None
5. PUBLIC QUESTIONS AND COMMENTS
Mr. Don Batten presented the City Manager with a gift on behalf
of the residents and merchants of Tiburon in appreciation for the
outstanding job he has done in the past and to wish him well in
his new position.
The Chair announced the creation by ordinance of the Historical
Preservation Committee, and announced the four people who have
agreed to serve on the committee are former Mayor Gordon Strawbridge,
Mrs. Hat 14arans, Hanna Nunn and John Berryman.
The Chair further announced the upcoming anniversaries of the
90th year of the town of Tiburon and the 10th year of the City
of Tiburon, and read the names of the citizens who have agreed to
be on a committee to prepare the anniversary celebration: Mr.
Peter Berg, ~~s. Louise Teather" Elva Paske, Jeff Knight, Don
Batten, Steve 1::......'1,: John Hoffmire, John Berryman, Gordon Strawbridge,
Ken Rosenthal, Don Loomis, Mil ton Stannard, ~lrs. George McKegney,
Peter McGowan, Chuck Denton, Hanna Nunn, and Sharon and Philip
Bass, and Ray Menzel. He stated they have not received a reply
from Mr. Fred Mantegani and Mr. Irving Moulin.
The Chair invited all interested persons to attend an organiza-
tional meeting on December 11th at 8:00 p.m. in the City Hall
Chambers, and requested that the Parks and Recreation Commission
be sent a special invitation to attend.
Mrs. Louise Teather stated in 1974 the Chamber of Commerce
will be 45 years old and it will be the lOOth anniversary of the
schools on the Peninsula.
Parks and Recreation Commissioner Dick McConnell requested
Council approval of a program setting up a series of classes to
be offered to all Peninsula residents, which they hope to start
in January and which should be self-supporting. He stated
Belvedere has expressed an interest in the program and is willing
to share the costs on a pro-rata basis, which would include
preliminary mailing expenses and janitorial fees. In response,
to questions on insurance liability, the City Manager stated
the City's present insurance policy will cover this program.
Motion of Sennett, seconded by Becker, that the Council accept
1-1r. McConnell's report, and with many thanks to him and the Parks
and Recreation Commission, endorse this program and look forward
to its early implementation, carried unanimously.
The City Manager called the Council's attention to water drainage
problems in the Roseville Court and Mount Tiburon areas, which
have been caused by construction of new houses in subdivisions that
were approved by the County ye,""'.rs ago and accepted by the City.
CITY COUNCIL MINUTES NO. 335 November 26, 1973
Page 4
The Chair directed this matter to the Public Services Committee
to work with the City Engineer and the City Attorney to prepare
a draft drainage policy for the City and to review the existing
conditions.
i~. McGinnis of 5 Tara Hill Road and Mr. Bob Welch of 9 Tara
Hill Road spoke to the serious drainage problems in their area
as a result of the houses built above them.
At the request of Mr. McGinnis, the Chair requested the City
Engineer and the Superintendent of Public Works to inspect the
area and report their recommendations to the Council.
In response to q question by Ur. Nat r.1arins, the Chair stated
the City does have a tree ordinance in effect.
The Chair called the Council's attention to a new map posted in
tile Chambers showing the sphere-of-influence of Tiburon and other
cities in Marin County.
6. CONSULTANT FOR DOvmTOWN DEVELOPMENT
Becker reported on the action and recommendations of the committee
to select an Environmental Consultant for the Downtown Development.
He stated the committee interviewed the six prospective consultants
who responded to their inquiries, and their recommendation is that
Madrone Associates be selected as the consultants. He stated the
committee further recommends: (1) that the committee should advise
the Council concerning the scope of work for the consultant and the
preparation of the Environmental Impact Report; (2) that the
committee should develop a continuing role for the duration of the
hearing process to stimulate and receive public comment and to make
comment as it deems appropriate to the Council; and (3) that
some formal guidelines be imposed upon all expertise environmental
impact hearings.
Becker stated the committee recommends the City Attorney be
directed to prepare the contract between the City and the con-
sultant, that the committee be available to assist with the
scope of work that evolved through the interviews, and that the
consultant be invited to attend the next regular meeting of the
Council to answer questions.
Becker advised they have target dates set for joint meetings with
the Planning Commission and the Parks and Recreation Commission,
Witll the understanding that the material to be presented at the
meetings is to be made available to the public 15 days prior to the
meeting dates.
After further discussion, it was moved by Sennett, seconded by
Aramburu, to accept the Committee's report and request the City
Attorney to prepare the appropriate contractual documents for
signature by the I~layor in retaining Hadrone Associates as the
Environmental Impact specialists to consider the Sequoia-Pacific
plan as outlined by the committee.
At the request of Becker, the motion included that the contract is
to be screened by the committee, and the contract will inCLude
the scope of work as outlined by the committee.
Question was called, and the motion carried:
AYES: COUNCILMEN~ Aramburu, Becker, Fanning, Littman, Sennett
NOES:: COUNCILMEN: None
ABSENT: COUNCIU.ffiN : None
In regard to the resolution prepared by the Planning Commission,
the Chair directed the committe.~ confer with the Planning Com-
mission and work out proposed dates for public hearings.
CJ~~ COUNCIL MINUTES NO 335 November 26, 1973
Page 5
November 26,
Page 6
CITY
It was moved by Sennett, seconled by Aramburu,
grant approval of the RtO:rIr. d''''.;:.l.g~ repair and
given by the City Engineer. fJlo-=ion carried:
COUNCIL HINUTES NO.
335
1973
that the Council
the statement
The Gity Engineer reported repair of the slide at H~cienda
Drive and Porto Marino would be funded 60 percent by the State.
~.
AYES:
NOES:
ABSENT:
AUTHORIZATION FOR
COUNCIU4EN
COUNCILUEN
COUNCI Ll.ffiN
STORIvl DAMAGE
.
.
.
.
Aramburu,
None
None
REPAIR
Becker,
Fanning,
Littman
,
Sennett
Question was called,
It was moved by Sennetti' seconded by Littman, that the Mayor
be authorized to execute the letter of understanding dated
October 11, 1973, on behalf of the City Council, with the addi-
tional condition that any expenditures requested of the City
in excess of $29,500 first receive the approval of the City
Council.
and
the motion carried
AYES:
NOES:
ABSENT
COUNCIU.1EN
COUNCILl1EN
COUNCILImN
.
.
.
.
Aramburu,
None
None
Becker,
After discussion on the matter, it
by Becker, to adopt Resolution No.
Fanning,
was moved by Sennett
588. liotion carried
Littman
,
.
.
,
Sennett
seconded
The City Manager reported this matter had been continued from the
last meeting. He furnished a report to the Council on the
l4aster Agreement for Federal Aid Urban System, as set forth in
the staff report, and recommended that Council adopt the
draft resolution and authorize the Mayor to execute the
F.A.U.S. Program Supplement No. 1 and the State letter of under-
standing.
8.
F.A.U
The Chair directed the committee, consisting of Councilmen
Aramburu and Becker and I~. John Hoffmire, with Aramburu, to chair
the committee, discuss this matter further and to meet with the
neighborhood groups in this regard
.S.
PROJECT -- BLACKIE'
S PASTURE ACQUISITION
The Chair stated he is particularly interested in the underground-
ing of utility poles along Tiburon Boulevard in the Blaokie's
Pasture area when the highway is realigned.
Littman suggested no further action be taken on undergrounding
the downtown area until the roadway realignment has definitely
been established, and suggested ways be explored to shift the
funds into residential areas or collecting areas for the under-
grounding in the residential neighborhoods; and then pe~haps
under grounding in the downtown area could be done with the
assistance of Redevelopment funds.
in
Mt. Jonn ftotfmire, a member of the committee on undergrounding,
request.d th~ committee me3t again to discuss this matter, and make
an attempt to have PG&E lower their cQ,ts for undergrounding in the
residential areas.
\.
The City Manager gave a report on the undergrounding of utility
poles in the downtown area, and requested the Council determine
whether they wanted to proceed with the undergrounding. He
reported that property-owner associations exploring the possi-
bility of undergrounding utility poles in the residential areas
have not been able to generate sufficient interest because of
the prohibitive costs.
7
UNDERGROUNDING OF UTILITIES
CITY COUNCIL MINUTES NO.
The City Engineer reported on the cost of design engineering on
the traffic signals on Tiburon Boulevard. He stated the $14,000
was a state estimate if they were to do the work, but his
office has done the work for $4,470.66.
335
November 26
Page 7
,
1973
In regard to the proposed March 5th election date, the City
Manager reported the bill has been adopted and signed by the
Governor, but because of its lack of clarity, the Attorney
General will rule on it.
The City Manager reported a week ago last Saturday the Pine
Terrace area was flooded again as a result of heavy rains.
In response to a request by the City Engineer, the Chair directed
the City Engineer set dates in January for public hearings on
the realignment of Tiburon Boulevard from Stewart Drive to the
downtown area.
AYES:
NOES:
ABSENT:
COUNCILMEN
COUNCILMEN
COUNCILMEN
o
.
.
o
v
Aramburu,
None
None
COMMUNICATIONS
Question was
abstentions:
Becker,
Fanning,
Littman,
Sennett
called
Aramburu permanently abstains from voting on Pacific Telephone
expenditures.
,
and the motion carried
,
with
the above
Littman requested the record reflect he requests a permanent
abstention from Standard Oil of California and Pacific
Telephone expenditures.
It was moved by Becker, seconded by Sennett,
Register of Claims No. 110.
to approve
16.
CLAIMS REGISTER - AUGUST
AYES:
NOES:
ABSENT
COUNCILMEN
COUNCILMEN
COUNCIU4EN
.
.
.
.
Aramburu,
None
None
Becker,
It was moved by Sennett, seconded by Becker, to adopt Resolution
No. 589 approving Emergency Flood Relief Law Cooperative
Agreement 73-H7-State of California. Motion carried:
Fanning,
Littman,
Sennett
AGREEMENT WITH STATE OF CALIFORNIA
FOR E~mRGENCY FLOOD RELIEF ASSISTANCE
11.
AYES:
NOES:
ABSENT
COUNCIU.1EN
COUNCILMEN
COUNCILMEN
Aramburu
None
None
,
It was moved by Aramburu, seconded by Becker, to endorse the
Parks and Recreation Commission Resolution endorsing the retention
of the Heerdt Marsh of Corte Madera as a Regional Natural
Preserve, carried:
Becker
,
Fanning,
Littman
,
Sennett
10.
PRESERVATION OF THE HEERDT MARSH
AYES:
NOES:
ABSENT
:
COUNCILMEN
COUNCILMEN
COUNCILMEN
o
o
.
o
.
Aramburu
None
None
,
Becker,
Fanning,
Littman
,
Sennett
".~. '. J';"~' ~
;:-,i," -" .'
""'~ T_ .
';'-;.,;!; "
- -':"!..
VI ADJOURNMENT TO REDEVELOP~mNT AGENCY
At 11:35 p.m., the Chair adjourned to a meeting of the Redevelop-
ment Agency Board.
VII. ADJOURNMENT
At 11:45 p.m., the Chair adjourned the meeting in memory of
Esther Hobbs, who was secretary for the City from May of 1966
to September of 1969. J
R.
APPROVED BY THE CITY COUNCIL ON:
December 10th , 1973.
:; 1
CITY COUNCIL MINUTES NO. 335 November 26, 1973
Page 8
CORRECTED MINUTES
CITY COUHCIL
CITY OF TIBUROi-J
I. CALL TO ORDER
The regular meeting of the City Council, City of Tiburon, State of
California, was called to order by Mayor Branwell Fanning at
7:39 p.m., December 10, 1973, in the City Hall Council Chambers.
II. b'0LL CALL
PRESENT: COUNCILMEN: Fanning, Araroburu, Becker, Littman,
Sennett
ABSENT: COUNCILr\iEN : None
EX OFFICIO: R. L. Kleinert, City Manager
Robert I. Conn, City Attorney
Jesper C. Strandgaard, Deputy City Engineer
Phil Scott, Development Administrator
Louis F. Brunini, Supt. of Public Works
Hellen K. Hecht, Minute Clerk
III. APPROVAL OF MINUTES
Nos. 334 and 335
On motion of Sennett, seconded by Becker, Minutes No. 334 of
November 12, 1973, were approved: All Ayes.
It was moved by Sennett, seconded by Becker, to approve Minutes
No. 335 of November 26, 1973.
Aramburu corrected page 2, paragraph 3, to read, "Littman objected
to attached . ..
. .
Minutes No. 335 were approved as corrected: All Ayes.
IV. BUSINESS OF THE COUNCIL
CONSENT CALENDAR
At the request of the Parks and Recreation Commission, Item 16
was removed from the Consent Calendar and remanded to the Parks
and Recreation Commission, to come back to. the Council on
January 14.
On motion of Becker, seconded by Aramburu, the Consent Calendar
consisting of the following items was adopted:
14. CHAPTER 8 TAX SALE PARCELS rUnCHASE
15. APPOINTMENT TO MARIN COUNTY MOSQUITO ABATEMENT DISTRICT
17. RESCINDING OF CONDEr~ATION RESOLUTION - Resolution No. 595
18. ACCEPTANCE OF NOTICES OF COMPLETION - Slurry Seal of
Streets, Resolution No. 596
19. RELEASE OF PERFORf.1ANCE BOND IN FAVOR OF ONE YEAR BOND
Motion carried:
I
AYES: COUNCILMEN: Aramburu, Becker, Fanning, Littman, Sennett
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
1. ORDER TO SHOW CAUSE - HACIENDA Action: Cont'd to Jan. 14
DRIVE - Continued hearing regarding
abatement of nuisance because of
hazardous street conditions,
Warren L. Bostick, et al.
The City Attorney reported the att:orney for Warren L. Bostick,
et al., has prepared a deed to the City for the street right-of-
way. He stated the deed is now being circulated among the owners
CITY COUNCIL MINUTES NO 336 December 10, 1973
Page 1
of the property for signature, and as soon as it is signed, the
matter will be brought to the Council for approval. The City
Manager stated the City has received the necessary money from
the citizens to purchase the property. At the request of the City
Attorney, the Chair directed this matter continued to January 14.
2. REZONING (1.5) ACRES OF RICHARDSON Action: Ord. 137 N.S. adopted
BAY LAND COI~1PANY AT LYFORD DRIVE &
ROUND HILL ROAD FROH RO- 2 TO RP[) ZONE
An ordinance entitled ~J~ ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TIBURON REZONING LANDS OF RICHARDSON BAY LAND COMPANY AT CORNER
OF LYFORD DRIVE AND F.O~JND HILL r~OAD FROH RO-2 TO RPD-2 ZONE,
having passed first reading, ca~e on for second reading and adoption.
Motion of Sennett, scconced by Becker, that full reading of the
ordinance be waived and that the ordinance be read by title only
carried: All Ayes.
The ordinance was then read by title only.
In response to Littman's concern, the Development Administrator
advised proper notice had been s~nt on this matter to all residents
within 300 feet of the subject property. Littman stated in his
opinion the rezoning, which will permit attached structures, is
an unfortunate precedent in the area.
Motion of Sennett, seconded by Becker, that the ordinance be
deemed to have passed 8cco~d reading and be adopted, carried:
AYES: COUNCILI~m1:~ : Ara~bu~uv Becker, Fanning, Sennett
NOES: COUNCILI.iEN: Li.ttm:::.n
ABSENT: COUNC ILI~~N : Non'~
3. ZONING ORDINANCE ]\l-'jl<'NDr>n~Nr.!~ ':lO A.~tion: Ord. 138 N.S. adopted
SECTION 11-1
An ordinance entitlo1 FJJ ORD:NANCE 07 THE CITY OF TIBURON AMENDING
SECTION 11-1 OF OI\D:r.n.\N'~~ KO. 9 N,,:~ ~ r THE 'I1IBtJRON ZONING ORDINANCE,
BY REQUIRING BOARD 0:'11 DB3!(~.~\J RE'\7IgV~' AIJPROVAL PRIOR TO THE ISSU-
ANCE OF A GRADING :::].<~rJ>r-:::~.l, b:rJi.::.l'] pn::;scd f:1.rst reading, came on
for second reading 2..':.ld c:.J:)};tic:l..
On motion of Senn...~t.t, seC()~J.a.3J by BeC:;~e1:', a:ld there being no
objection, full reading of t':1(~ o!:dinance was waived and the ordi-
nance was read by t!tle o~1y.
Motion of Becker, seconded by S€nnett, that the ordinance be deemed
to have passed second reading c-l.nd be 2.dopted, carried:
AYES: COUNCILr.mN : Ararr~~ru, Becker, Fanning, Littman, Sennett
NOES: COUNCILI~N : None
ABSENT: COUNCILMEN: None
4 ZONING ORDINANCE A1.~~DMENT - Action: Remanded to Planning
DEFINITION OF HEIGHT OF BUILDING Conunission
AND GRADE
An ordinance entitled AN ORDINANCE O~ THE CITY OF TIBURON AMENDING
ORDINANCE NO.9 N.S., THE ZONING ORDINANCE, BY REVISING HEIGHT
REGULATIONS, having been revis~d by the Lands and Development
Committee, came on fo~ Council approval of the revisions.
Littman reviewed the revisions made by the Lands and Development
Committee to the ordinance.
Littman questioned the r:.eed ror Sr2....:.tion 8 (E) 2 in the ordinance.
The Development Adminj.r; tl..i.~.tl,)~' Gta......-3.d this is a standard phrase
prep~r7d b~ th7 util~ty comra.:1;J?s, but there is no State law
requJ.r1.ng 1. ts J.:GcJ. ~.:3:'.O~:;' 0
C:~Y COUNCIL MINUTES NO 336 December 10, 1973
Page 2
.f'"
December 10
Page 3
crfi: ::::
Sennett requested staff furnish a list of proposed drainage pro-
jects that need to be corrected in the City and how these pro-
jects would b8 affe~ted by whatever policy the Council adopts.
He recommended all citizens who have written the City with
respect to drainage pr~blems be advised of the present status of
the City policy that if the proble:'Js are no':; within the City riqht-
of-way the Ci ty l~an no:) legal way t.ha t i. t ca.:l participate in correct-
ing the problems, ar:d that all the probJ.8nG ";'v'it.hin the City riqht-
of-way, if brought t:o the City:s i: :":tc~:t.iO::1, ~'7ill ~e evaluated and
considered for budgeted =epQirs.
t;()';i::C::JJ
Ivl1 :~~rr.';:~ S
NO.
336
,
1973
A resident of Pine Terrace urged action be taken in that area to
correct drainage problems. Mr. James McGinnis of Tara Hill Road
requested that staff a~d the co~nittee meet with citizens from
the Tara Hill area in an atte~pt to resolve some of the problems
rather than taking up public time discussing them.
· ttm f,... .rl ..'.r.... of.;,,,, '=-i (. -'r.t ,.._....,.t........- ~ ...~~.. rl d. t · t th t
L1 an re e.. rc... ~.J h.'.. .~_ _~_ ,.. ,'~_'... ~.'- {) 1 0.1_ (,J.I:(,.ge ~s rJ.c a was
formed in one c,:;:-~3., e::.ri. C1'-HY'::t::..r_":-.:.cd v:~1C~~:l:1'';;:,:::, fu~ds could be taken
from that dist:i.:'ict fo:.:: d:Y.'u.iI;.~~.ge pl:vbJ.c:~~-:.s Oll private property.
The City Attorney rcr;p():rrJc.~d he ,:,:;:.uJ.d h~vc -:':0 res8arch the matter
further, but prelimi~l8.rily hl-: \vcp.ld b~ of the opinion the funds
could be used. Are!1'.!:;uru c:dvised public fnnds legally cannot be
spent to correct d:.::ainc_g(~ problems en privat3 property. The
Superintendent of Public Works ad7ised they are only responsible
for maintaining catch basins on the City's right-of-way, and they
can do no work on private property
Ar mbu r (- -tn'l r."". '~""l-' _...-.~ '~"\-' 0")'': ';"I~a ";,;.,..',,1": .. Se~7'.ces CommJ..ttee
a . ru ep~~J:: _...:..'~.- ~)_!. ...l....., .. _..:. :~"_"" J '. .'. :-'.....-.. .0: u.'..~..LC . J. V 1. .
to d1.sCUSS the d1:-2.'1..:L..:i':....~i-::~ ::::~L~O~).L.Ci~'~3 ~ :.~:~:~ ~r1~;\;; "Ch~:_~: recommendatl.ons
for policy guidelin(~(3, ,:18 <:;f:.;",: out ~;_n t.~~:.C~ 1\;)<~nda Bill and the
City Manager' s ::~1:~~:~10:='.:'::,1~~-:l",'-:~ oi I>:>~:;""'<:Y;~:: It. H8 r;tated it is their
opinion the Cit~l ~la~) :..'~_~...:1.<:c 1. ~'.J.~~~:-." l::.i':] i.:.~ drr:linaCje matters and they
are recommendin<; th~ s":.~:-~:7 ',/l.l~;~:'~::.:_,~ t:;.:l~~ 1~~).'_ic1'" guidelines that
might be base.a. 0:1 t.L:~ ":~::'.L '~>-.~ '~~-:. :.!1 .:..'~c :5.~: ::np0rt 0
6
SOLUTION OF Dl-L~Inl'/:T<:
The Chair stated t.L~~ L('~ais~.
t. d t . M h ~ 19J-~
10n a e"Co c.:J::'C~ ~', ... I:;:..
release announci~g ~:.1.1u."C hc~
P~C~;Lgr:s
atnre hC~3 IT.o-:.red. up
He stated he t.~s
.~C)~;~~ ::'"lO'~-. i~i:c:~_c:" 1:0
-'-'I\J
.L.l.'
TIE:Jl10N
NEIGHBORHOODS
the municipal elec-
prepared a press
run for re-election.
QUESTIONS AND COr~!E~~l
After discussion, the Chair ,-.. .~"--:'C:-::,--(_': .:: :"',''-:'::~.:er sent to the
Planning Coromission. S'2,:1uett rcqcest.ed the minutes reflect the
consensus of the Cou~:1cil th2..t Section 8 (E) 2 be removed.
The Chair requesi,:0d the Pla~.~J.:L::.g Co:r:.!1:tssion review this aspect of
the ordinance. Se:nl1.c'~'.1:: (""uos t:i_Oi':'~3. ~vh~ t.be.": the ordinance was
specific enough or \'.i"he';:hc~_' i"t \Evan t~8 general, thus requiring
the Development Ad;.1J..:2~_-:;':.:::a':.:':;;:' to m:lko decisions. He also questioned
whether the Board had ':~.h(; i.:."J.-'_:h:>~::i':~'J;' t,) 9=ant i:he variances. The
CJ.. ty Attorney ~~ec''T'"I'''''''n,'=1r''' .'-1,,- C,~(1; '~a,~r<':\ d",r:..c "';ve the Boards the
. . ... ~.l:-''-)'" '-;'-~... ~.....~....... -. ~.~- '......l_J. ..1-..-...'-.... ...,._:~:., '-!_1.. .
dJ.scretJ.ol1 to de.t~:rL~J.:~G t:.s~,(; ::'.;:::1E~~il:,,:'ds, and .cherefore the ordJ.-
nance itself does n:;t have to be more specific. Becker questioned
whether the ordinan.::e should :t:lcll.j.a0 the standards and objected
to the decision having to be made by :ne Building Inspector.
The Development Admin.istratcr stated ,there i.s a standard formula
which can be applied in mor;t all ca.ses. Bec:ker objected to the
ordinance in that it will rS8trict the type of buildings permitted.
In regard to determining natural grade, Littman stated it was
their recommendation that the Board of Design Revia~ consider
siting of the building rather than the Bo~rd of Adjustments
because the plans of the building and how it would affect the
building views are irnp'.:rt.2.:1t fae ", ",. ~s 0 Fanning questioned the
possibility of the Board of Design Review and the Board of Adjust-
ments differing in i:l:oi:: g:La:atil".g the ext:ca feet.
December 10
Page 4
,
1973
CITY COUNCIL
Littman agreed with Sennett it is not the intent of the ordinance
that individuals be stifled in designing homes if the require-
ments of the ordinance are met
f1INUTES NO.
336
Mr.
the
John Hoffmire spoke in support of
Council uphold the appeal.
the proposed plans and urged
After discussion, Aramburu requested if the matter is remanded
back to the Board of Design Review for definite action, that they
be asked to specifically outline what they mean by "excessive
bulku and to relate it to some of the adjoining properties and
be able to speak to that and tie it in with the guidelines in
Zoning Ordinance Section 11 in terms of where they consider
it does not meet the requirements. He further requested they
be asked to either deny or pass future applications, and not
continue them.
In response to questions by the Chair, the Development Adminis-
trator responded the neighbors were notified of the hearings before
the Board and there was no opposition.
Mr. Kantner, appellant,
to the application. Mr.
be possible to redesign
expenses.
and r,lr 0 John Thayer, architect, spoke
Thayer stated in his opinion it would not
the structure without incurring additional
The Development Administrator presented the above appeal from a
decision of the Board of Design ~eview, which had continued the
application and requested consideration be given by the applicant
to redesigning the structure to reduce mass and lower the over-
all height.
APPEAL FROM DECISION OF BOARD
OF DESIGN REVIEW (Residence
proposed for 76 Hacienda Drive
Robert Kantner, Appellant
,
5.
Action
Continued
IV
The Chair recognized the presence of Mr. Richard Arjo, former
Director of Community Development for the City of Tiburon, and
on behalf of the Council, thanked him for his services to the
City and wished him success in his future position with Union City.
BUSINESS OF THE
COUNCIL
V.
A recess was taken at 9:00 p.m.
9:10 p.m., the roll standing as
ITEMS NOT ON THE AGENDA
the Council reconvening at
originally taken.
,
RECESS
Fanning cor~aended tIle Comraittee for tileir excellent report. He
directed staff prepare a report on the major problem areas in the
City, and that the Committee then meet with citizen groups in an
attempt to explore ways of correcting the drainage problems,
either through assessment districts, cost-sharing, or through the
Redevelopment Agency.
Mr. Al Barsimonto of I Tara Hill Road spoke to the drainage problems
on his property and urged the Council develop a firm policy so it
can be tested.
Becker supported the committee's recommendations as being a
good interim policy and the suggestion that a drainage master
plan be prepared for each of the remaining basins, but as far
as funding the projects, he stated this must wait until the
next budget session.
December 10
Page 5
CITY COUl\ICIL
Sennett stated he agrees with the concept that growth in the
County should be delegated to the planning functions of the
various cities or county independent of concerns of the special
districts, however, he opposes implementing another layer of
government with all the expenses and delays attendant thereto to
achieve that purpose. He would prefer control at the City
level, and referred to a resolution the City sent to the Board
HINUTES NO
336
,
1973
Mr. Werner von Gundell
spoke to the ordinance.
of
Sennett stated representatives of the County of Marin at the
Mayors' and Councilmen's meeting had presented an ordinance
pertaining to residential development review processes which would
apply to certain designated areas of the County. He had requested
the matter be agendized for Council discussion at this time.
the
Marin County Planning Department
13
RESIDENTIAL DEVELOPi1ENT
AYES:
NOES:
ABSENT
COUNCILHEN
COUNCILMEN
COUNCILHEN
REVIEW
Aramburu
None
None
Becker,
It was moved by Aramburu, seconded by :Decke~ that the Council
approve the Amendment to the Joint Powers Agreement between
the City of Tiburon and the County of Marin. Motion carried:
Fanning,
Littman
,
Sennett
Fanning corrected
.t 1 II
capl.!. . . .
the spelling on page ~
Item
Aramburu stated the purpose of the Attachment is to amend the
Joint Powers Agreement between the eleven cities of the Coutny
and the County in order to establish an Advisory Review Agency
with representatives of each of the eleven cities plus the Board
of Supervisors and a representative from the Marin County planning
Department. He further explained the purpose of the Agency to
the Council
7
,
to
Major
The Council having approved in principal the concept of an Advisory
Review Agency as set forth in Attachment A, and Sennett having
requested the opportunity to make changes to the Attachment for
clarification purposes, the matter now came on for approval of the
revised Attachment A.
AMENDMENT TO JOINT POWERS AGREEMENT
CITY-COUNTY PLANNING COUNCIL
7
AYES:
NOES:
ABSENT
COUNCILr.1EN
COUNC ILI'4EN
COUNCI J..Ir.1EN
Aramburu
Becker
None
Fanning
,
Littman
,
Sennett
Question was called
The Chair directed the property owners be notified of the hearings
before the Board of Design Review and the Board of Adjustments.
and the motion carried
Aramburu requested the Council be notified at
meeting of the status of this application.
their next regular
After further discussion, it was moved by Sennett, seconded by
Aramburu, that the matter be remanded to the Board of Design
Review at their next meeting with instructions that they act in
some definitive fashion on the application before them; and
should the application be denied, that the matter be returned to
Council on proper appeal with the appropriate grounds for the
denial stated in sufficient detail so the Council can determine
the basis thereof.
Becker urged the matter not be remanded back to the Design Review
Board but that the Council take action this evening.
December 10
Page 6
CITY COUNCIL MINUTES NO.
The Chair acknowledged acceptance of the report from the Plan-
ning Commission; and there being no objection, expressed agree-
ment of the Council with the recommendations and requested the
City Attorney prepare the draft ordinance as soon as possible for
the Planning Commission for their immediate action.
336
,
1973
~~. John Hoffmire urged the Planning Commission act expeditiously
on this matter.
The City Attorney advised they are drafting an ordinance in
accordance with the recommendations of the Planning Commission,
as set out in their Resolution No. 142 in regard to the conversion
of apartments into condominiums.
REPORT FROM PLANNING CO~~ISSION
ON CONDOMINIUM CONVERSIONS
B.
AYES:
NOES:
ABSENT
.
.
COUNCIL~1EN
COUNCILHEN
COUNCILMEN
Fanning,
Aramburu
None
Li tt..rnan
Becker
,
After further discussion, question was called on
motion, and the motion carried:
Sennett
the substitute
Parks and Recreation Commissioner Gary Gray urged that the City
pre-zone all lands within its sphere of influence in accord-
ance with the plans that are now being developed by the Straw-
berry group. Sennett agreed with the suggestion. The City
Attorney responded to a question by Sennett that pre zoning by
the City is legal.
In response to a question by Fanning, Mr. von Gundell stated
the Board favors the policy that annexation should be enforceable
within the area of influence of the City, but this cannot be
enforced until it is a State law. Fanning objected to the
possible delays caused by the Agency's only meeting twice a
year to review plans, and he favored control at the local
level.
Sennett offered a substitute motion, seconded by Littman, that
the matter be referred to the Planning Commission for review
and remarks to the Council.
Aramburu stated the ordinance came about as a result of the
realization that none of the measures to control growth have
worked. He would agree the City could not adopt the ordinance
until it has been thoroughly studied, and he would therefore
move, seconded by Becker, that the Council adopt a resolution
endorsing the concept of a residential development review process.
He read the resolution in its entirety.
Littman objected to the ordinance as not being the proper way
to meet the goals of the Marin General Plan which the City
did adopt. He objected to a rationing system controlled by a
board for which the composition is unknown, and he further
objected to the system of evaluating points to determine which
projects were more desirable.
annexation to the City.
Becker stated in his opinion another layer of government will
give greater control by shifting the power currently exercised
by special service districts back into the domain of elected
officials 0 He recommended approval of the ordinance in concept,
and that it be studied further to determine how it would apply
to Tiburon.
.1
of Supervisors
porated lands
uire
that all unincor-
request
December 10
Page 7
CITY COUNCIL
The City Attorney advised the formation of the District would
require an EIR and a Master Plan.
J.\1INUTE S NO.
336
,
1973
The City Manager presented a petition of residents, as set
forth in the agenda bill of this date, requesting the City
undertake proceedings to form an assessment district for the
purpose of constructing improvements within the district.
ASSEss~mNT DISTRICT 73-1
HACIENDA DRIVE ~ ROUND HILL ROAD
10
NOES:
ABSENT
COUNCILMEN
COUNC ILIvIEN
Aramburu
Sennett
None
None
AYES
Question was called on the motion of Sennett
carried:
COUNCILMEN
,
Becker
Fanning,
Littman,
AYES:
NOES:
ABSENT
COUNCILMEN
COUNC I Lr.1EN
CODNCILHEN
Aramburu
Fanning,
None
Becker
Littman
,
,
Sennett
and
the motion
,
After
It was moved by Becker, second~d by Sennett, to amend the con-
tract under IlScope of Work," Section E, alternatives, by includ-
ing "at least thre3 aj,:d no more than five additional alternatives
should be prepared to serve to reveal the various impacts of
relevant distribution of land uses of greater and lesser inten-
sities in alternative lo\::ations."
discussion
,
question was called
,
and
the motion failed
After further discussion, it was moved by Sennett, seconded by
Littman, that the Ma~70r be authorized to sign the Agreement of
December 3, revised December 6, '\'!J:~.th the insertion of "not to
exceed $43,200" on page 3; the substitution of February 15, 1974
for the date of January 23, 1974, on page 2.
,
Mr. Gary Hanson requested the EIR include alternatives, including
the effect of no development. Mr. Townsend stated they will be
evaluating the proposed plan, and the analysis will be done in
such a way as to treat each element of the plan individually,
but it would be difficult to consider alternatives without
requiring additional fees
Mr. Townsend of Madrone Associates stated before they can com-
mence work on the ErR, th8Y must know (1) which elements will
be built by the developer nnd which will be the City's responsi-
bility; and (2) the CityVs progress with those elements that
are their responsibility. Littman stated, subject to verification
by the City and Sequoia Pacific, it is his understanding that
Sequoia Pacific will do everything in the downtown area except
(1) pay for that part of the parking which is necessary to take
care of the City's existing parking needs; (2) the City will
landscape the open space they acquire; (3) the City is responsible
for current drainage problews. He stated the City also will be
responsible for some street~lighting and some landscaping.
Fanning stated the Redevelopment process is essentially to take
care of community needs other than that which is being built by
Sequoia Pacific.
The City Manager stated representatives from Madrone Associates
were present for Council action on the contract draft for the
Sequoia Pacific EIR. Becker, as chairman of the ad hoc EIR
selection committee, reported on their meeting on December 5th
wherein the scope of work was agreed to and the City Attorney
was requested to prepare the draft contract
9
CONTRACT FOR EIR BETWEEN CITY OF TIBURON ro~D
MADRONE ASSOCIATES
It was moved by Littman, seconded by Sennett, to deny the peti-
tion at this time, without prejudice, on the grounds the City
is advised that it is improper to consider it.
~~. Rhodes of Rhodes Engineering, representing the owners of the
existing lots, spoke to the petition. He stated the City cannot
deny the property owners access to their existing lots of
record and urged favorable action be taken this evening.
After further discussion, question was called, and the motion
carried:
AYES: COUNC ILl'-'1EN : Aramburu, Fanning, Littman, Sennett
NOES: COUNCILMEN: Becker
ABSENT: COUNCILMEN: None
11. REQUEST TO COUNTY OF ~~IN FOR ELECTION SERVICES
Motion of Aramburu, seconded by Littman, to adopt Resolution
No. 594 requesting the Board of Supervisors of the County of
Marin to authorize the County Clerk to render services regarding
the Municipal Election of Tuesday, March 5, 1974, carried:
AYES: COUNCILMEN: Aramburu, Becker, Fanning, Littman, Sennett
NOES: COUNCIL1'1El\J : None
ABSENT: COUNCILI\1EN : None
12. M.M.W.D. WATER STORAGE TANK
The City Manager presented to the Council a project report from
the Marin Municipal Water District regarding proposed locations
for the Paradise Drive Water Storage Tank.
Mr. Bryan Chapman spoke against the location proposed by the
~~ and requested further consideration be given to the alter-
native sites.
There being no objection, the rhair directed staff to advise the
Water District they will act on this matter on January 14 in
order that they may review the EIR before rendering a decision.
Littman requested the Water District be asked to consider alter-
natives proposed and advise the City in this regard. Aramburu
requested they be further requested to comment on the possibility
of undergrounding the tanks.
16. APPROVAL OF PLANS & NOTICE TO BIDDERS
Bicycle Path Extension, Cove to Beach Road
At the request of the Parks and Recreation Commission, the Chair
directed this matter continued in order that the Parks &
Recreation Commission may review the matter and furnish a
report to the Council by their next meeting.
14. PURCHASE OF REAL PROPERTY AT COUNTY TAX SALE
This matter was accepted on Consent Calendar, but at the request
of the Superintendent of Public Works, the City Manager was
directed to investigate the possibility that Parcel No. 39-031-
18 may be landlocked and to determine if the City can obtain
easements for ingress and egress.
VI. REPORTS
20. HILARITA PROJECT STATUS REPORT
21. PARKS AND RECREATION CO~iMISSION STATUS REPORT
The Chair directed the above reports continued
CITY COUNCIL MINUTES NO. 336 December 10, 1973
Page 8
22. POLICE REPORT The Chair accepted the Police Report
23. ~1EI40RANDUM REGARDING STATUS OF l40TORCYLE
ENFORCEMENT OF UNDEVELOPED LAND
The Chair accepted the memorandum and stated a report will be
forthcoming in January.
VII. ADJOURNMENT TO REDEVELOPI\fENT AGENCY MEETING
At 12:30 a.m., the Chair adjourned the meeting to a Redevelopment
Agency Meeting.
VIII. EXECUTIVE SESSION
At 12:50 a.m., the Chair adjourned the Redevelopment Agency
Meeting to Executive Session.
IX. ADJOURNMENT
At 1:15 a.m., December 11,1973, the Chair adjourned the
meeting to an Executive Session on Wednesday, Dec~mber 12,
1973, at 6:30 p.m. ~..
Y'
APPROVED BY THE CITY COUNCIL ON:
January 14th , 1973.
~?tt."
BRANWELL
CITY COUNCIL MINUTES NO. 336 December 10, 1973
Page 9