HomeMy WebLinkAboutTC Min 1976 (July thru December)
Page One
CITY
Page 4, Item 8, motion was seconded by Edelstein. Page 5, Item 10,
Dog License Fees last sentence to read "deemed to have been adopted
Page 6, City Council comments #7, second sentence, "he had earlier
directed the City Manager to prepare..." Second paragraph to
read, "There was some discussion as to the propriety of the City's
supplying ans~...,ers prior to "... Third sentence, "Council considered
the draft letter and made revisions. It was to be redrafted to
send to the P & R Commission for comment and then the Mayor was
authorized to send the letter to C~~L/TRANS. r1inutes #416 were
unanimously approved as amended.
counCIL
f1Il\JUTES 41 7
"
Item 6, Designation of Donahue Building, last sentence to read,
"interiors as well, and the Heritage Committee was requested to
look into it and report back to the City Council." Item 7, ORDER
TO SHOTT CAUSE, secon~ paragraph, last line, "the City was Istopped
to collect the fees."; Third paragraph, third line, "Mrs. Nash
since she withdrew her request for dedication of a trail easement"
#416 - Page 1, under APPROVAL OF MINUTES, last sentence, "an
electrical consultant"... Item V., last line to read "for the
Com.rnittee" 0 Page 2, paragraph 7 to read "Edelstein stated that
the requested 10% increase was in excess of the inflationary rate
Last paragraph corrected to read, "Taye,r then suggested the
following three year rate increases: 1 can (flat) - $3.65;
1 can (hill) - $4.50; 2 cans - $7.30; 3 cans - $10.95; Commer-
cial rate - $3.85 for the first year and a 10% increase the
second year and no increase the third year as requested..."
Page 2, 13st paragraph, secorl
that Tiburon get together with
own Animal Control Sys".:emo"o..
adopted as amended
sentence to read, "Ellman suggested
Mill Valley to bring about their
The minutes #415 were unanimously
#415 - Under ROLL CALL, add to EX OFFICIO: Lou Brunini, Super-
intendent of Public ~orks and ~1argaret Gill, Minutes Clerk. Under
Police Dispatching Proposal, Page 2, first sentence should read,
uAramburu moved to accept Belvedere's offer of $300, seconded by
Ellman. Edelstein then made a substitute motion that Council
counter-offer Belvedere $400 per month for a period of six months
after which it should be increased to $515 per month. Motion failed
for lack of a second and Aramburu then moved to table the matter
which passed unanimously
#413 - Last sentence, third paragraph
"remaining departments considered"...
Services). Unanimously adopted.
under
Item
Public Hearings to read
(11) to read "GENERAL
III
t~4l2
APPROVAL OF
- --
Adopted as sub~itted unanimously
NINUTES
R. L. Kleinert, City f1anager; L. Brunini, Superin-
tendent of Public ~~orks; Stan Bala, City Engineer;
Martha McCart, Associate Planner; Bob Krolak, Police
Lieutenant, Dick Breiner, Deputy City Attorney
Muffin Nelson, Minutes Clerk
EX
OFFICIO:
ABSENT:
Edelstein,
Ross
PRESENT
COUNCILJl.1EN:
Aramburu,
Bllman,
Tayer
II
ROLL CALL
The regular meeting of the City Council of the City of Tiburon,
State of California, was called to order by Mayor Tayer at 7:45
on Monday, July 26, 1976, in the Del Mar School Music Room.
p.m
I
CALL TO ORDER
CORRECTED
CITY OF TIBURON
CITY COUNCIL MINUTES
July
Page
26,
2
C I T'~
It was requested that Item J., Status of Planning Projects and
A~tivities, and Item 3, Set Public Hearing for Order to Show Cause,
were to be removed from the Consent Calendar for further discussion
Ellman then moved that the Consent Calendar, consistinq of the
following itenls, be approved as amended, seconded by Aramburu and
passed unanimously~
counCIL
j\~I!\TUTES
#417
1976
VI
CONSENT CALENDAR
The City Manager noted that Stanford Lichlyter, Administrative
Assistant, had left Tiburon to assume duties as General Manager of
the Avenal Special Services Di3trict and that a placque had been
prepared commending him for his fine service and dedication to the
City.
4
Mr. Farley of the Belvedere/Tihuron Landmarks Society \~as presented
with the City's Bicentennial Flag flown at the recent Armed Forces
Caravan in Tiburon. Aramnuru moved that the necessary funds be
spent to obtain the flaq, seconded by Ellman and passed unanimously
($ll.OO)
3
Joan Bergsund questione~ the status of Tiburon Boulevard re-align-
ment at Blackie's Pasture. ~1ayor Tayer noted the revised Af state-
ment had been sent and that our Assemblymen-and Congressman had
been contacted and urgen to assist in expeditious handling of the
matter.
2
Denis Rice mentioned the proposed r~1BD Soulajule Project and
suggested Council pass a resolution in support of it. f1ayor Tayer
noted a letter stating such support had been sent to the ~ater
District, and Council felt it appropriate to consider such resol-
ution at the tilne the Project is befor~ the voters. The matter
was then deferred to the Governmental Liaison Committee for
consideration.
1
v
Following the presentation, a b~ief recess ,...,as announced at
with Council reconvening to their regular business at 9:21.
PUBLIC
QUESTIONS
AND COf',l~1El\!T S
9:05
p.rn
RECESS
5
v'Jark
City ~~nager and staff should look to
acquisition.
with
the Tamalpais
Figh
School District
4
3
'love
Concentrate on impacts to the
cularly drainage and trafficn
toward pre-zoninq
and annexation
2
Resurrect the Friends of Ring
for future study.
City,
parti-
Tiburon
1
Ted Kreines, on behalf of the Tiburon Hills Bomeowners Asso-
ciation, gave an additional slide presentation outlining the
issues area homeowners felt most important and are requesting
the City pre-zone the area in question. After further public
comment, Mayor Tayer directed the matter be referred to the City of
Planning Cornmission. Aramburu noted he had specific concerns
which were to:
l\.10untain
~1ap
A special presentation ~~as then qiven on the Ring Mountain
Environmental Assessment by the consultants to the county,
Environmental Science Associates (ESA). This was a new proce-
dure rather than have a particular sponsor ~roceed with a devel-
opment proposal and t~en an EIR. This process permits public
input and allows the developer to evolve a specific plan. A
slide anct map presentation '1as made outlining the special
characteristics of the site ~nd areas of concern.
IV
SPECIAL PRESE~TATION
I. Building Code Enforcement Report
2. Encroachment Permits
(a) 34 Reed Ranch Road (Driveway Approach
(b) 1970 Straits View (Driveway Approach)
(c) 15 tlark Terrace (Temporary Access for Pool Con-
struction)
3. Cash Flow & Claims Register - June
4. Traffic Safety Committee Red Zone (Resolution 834)
5. Commendation to Grace Pastori (Resolution 835)
6. League of California Cities Conference (Resolution 836
VII. NEr;r BUSINESS
18. PEDESTRIAN CROSSING AT TIBURON BLVD. FILE: 4200
& GREENHOOD BEACH ROAD ACTION: Staff
recommendations
accepted
This item was taken out of agenda order at direction of Mayor Tayer.
Ellman questioned the need for construction of a new bus shelter and
asked why a yellow light was used instead of a red one.
It was hoped the improvements could be ready for the beginning of
school anc Aramburu moved that Council accept Staff's recommenda-
tions as follows~
1. Completely eliminate the crosswalk at Tiburon Blvd. at
Jefferson Drive.
2. Construct a new crosswalk at Tiburon Boulevard on the
east side of Greenwood Beach Road.
3. Sign both approaches to this crosswalk with new graphic
signs indicating a school, one with speed reduction
signs mandating a reduction when youngsters are in the
area.
4. Move existing eastbound bus stop located at Jefferson
Drive west approximately 275 feet so that disembarking
passengers can utilize the new crosswalk.
5. Over the intersection, install a flashing yellow light
with suspended School Zone sign which ~~ill be operated
by the school crossing guard. This device must be
requested by the Reed Union School District by resolu-
tion.
Ellman seconded the motion and it passed unanimously.
PUBLIC HEARINGS
9. ORDER TO SHOTr] CAUSE - Dr. A. Nash FIJ...E: 67405
(Non-payment of City Fees) ACTION: Filing of
suit authorized
The Deputy City Attorney reported that he had been unahle to reach
a compromise with Dr. Nash and that Dr~ ~ash suagested payment of
$620.00 (one-half of the required drainage fee) and no payment of
the P & R in-lieu fees because of lack of a P & R element of the
General Plan. He reported thClt the Ci tv still has t,...,o al terna-
tives:
(1) To file suit
(2) To set aside the parcel map
Mr. Breiner noted the second alternative would affect the pur-
chaser of the second lot. The Public Hearing was then opened
Ellmaft a~aift 3u~~e~~cd ~he po !Sibil! t~ of f a tre
93.SQm9R't pl:1igh Drv :l.i;:n eta to ~~o uould Fl The Pub c
Hear ing \-Tas closed.
CITY C0"(TT1CIL '1 I ~ 1fTI'!" S ;U~ 1 7 :July 20 ' ':\.,'-:
...:- ..-" 1 ,~)
:::-'age 3
July
Page
26,
-1
CITY
The Public Hearing was opened nnd Hr. Sederquist spoke of the his-
tory of the issue and stated the City of Tiburon is now denying
him access to his property and thus constitutes illegal seizure of
property. It was noted the City of Tiburon has stated that an
COUNCIL
i'1INUTES
#417
1976
It was noted that a Court reporter was present and that litigation
on the matter is presently penning. The Deputy City Attorney gave
Council a brief review of the current situation. He noted the
illegality of the subdivision ~...,as the creation of more than five
parcels in 1968 without the benefit of a subdivision map.
The Associate Planner noted that the appellants have applied, in
two separate actions, for approval of the construction of a drive-
way across the unpaved portion of Hacienda Drive to their property
along the ridge. Staff recommended that Council confirm the
decisions of the Board and the Planning Co~mission and deny the
appeals. Also, that the City Attorney he directed to draft a
resolution of findings for the Council's arloption at its next
regular meeting.
GARIFFO, SEDERQUIST and SCHUCHARDT
(Appeal of Decision of Planning
Commission.
12
8EDERQUIST ET AL PROPERTIES (Appeal
of Decision of Board of Adjustments
& Review
FILE: 27605
ACTION: City Attorn-
ey directed to pre-
pare findings for
denial of appeals
11
Recess was called at 11:29 p.m. with Council reconvening at 11:35 p.rn
the roll standing as originally noted.
RECESS
Ararnburu noted he felt it important that no other house in the
area had such a setback approval and that the effort exhibited by
the appellants deserved a continuation for further study. Council
felt reluctant to become an arm of the Board of Design Review and
noted several recent neighborhood appeals. Ouestion was called
and the motion passed unanimously
After much discussion by the public and presentation of supporting
documents for disapproval of the variance, Aramburu moved that the
Public Hearing he continued and the matter he remanded to the Board
of Adjustments and Review for further consideration, seconded by
Ellman.
It was noted the Board had approved either of two designs for the
residence and it appeared that if Council did not uphold the
Board's variance approval, the earlier design would still be
acceptable by "default". J\ramburu objected to this type of deci-
sion making. It was noted this had been done hecause of the
reluctance of the Narinero Homeowners Association to make a deci-
sion without some Board guidance.
A variance for front yard setback and for desiqn approval of a
single family residence at 110 Lyford Drive, which was approved
by the Board of Adjustments and Review, ,was appealed by several
of the neighbors. Martha fkCart presented staff analysis of the
issue and recommended Council uphold the Board's ~ecision. The
Public Hearing was opened and r1r. Clifton-Bleigh stated he objected
to the staff's instructions and methods. Another neighbor Mrt
Friedman, noted that the City Code has four definite r~~f&\~efeAo
for variances and felt they had not been fully complied with in this
Board decision.
110 LYFORD DRIVE (Appeal of Decision
of Board of Adjustments and Review)
FILE:
ACTION:
to BOAR
77627
Remanded
10
Aramburu then moved that Council file suit if the City Attorney
cannot reconcile the matter with the property owner in the next
30 days, seconded by Ellman and passed unanimously.
July 26
Page 5
CITY COUNCIL
As Chairman Ross of the Committee was absent, Aramburu reported on
the Advisory Co~~ittee's last meeting and noted that the staff is
preparing information on specific land uses. The Committee recom-
mends that the map and report be placed on the Planning Co~~ission
and Parks and Recreation Commission aqenda for August with a report
to the City Council in September.
!1INUTES
#417
1976
DOHNTor'.1N ADVISORY C0P1r1ITTB:P.
(Report & Recommendations)
FILE: 1042
ACTION: Continued
to September 13, 1976
1
IX.
OLD BUSINESS
The City Manager noted that the Tiburon ~~unicipal Code also requires
that the salary of the City j'lanager be fixed by Resolution of the
City Council. Aramburu moved that Resolution 838 be adopted and
that the City Manager, in line ~~ith increases for other City
employees, be given a 3 percent salary increase fixing his annual
salary at $26,520.00. The motion l'las seconded by Fllrnan and
passed unanimously.
FILE: 2011
ACTION: Resolution
838 Approved
17
Aramburu moved that Resolution 834
by Ellman and passed unanimously.
ADOPTION OF
1976-77
CITY
fJ1ANAGER SALARY
be adopted as submitted,
The City Hanager noted that the Tiburon Municipal Code provides
that an annual salary program be adopted. He prese,nted a resolu-
tion providing for specific salary and fringe benefie adjustments
for employees in both the ~1iscellaneous Employees Uriit and the
Police Unit, and radification of the M=~orandums of Understanding
with each unit. .
seconded
FILE:: 2011
ACTION: Resolution
834 Approved
16
Aramburu moved that the appropriate infil*dn~ps he am~nded to
include the three parcels of HcKegney, -~a~, and"Littman as
recommended by the staff, seconded by Ellman and passed unanimously
ADOPTION
OF
1976-77
ANNUAL S,ALARY PLA:N
The Associate Planner showed the Council the prepared maps. She
noted staff requested approval of several small parcels generat-
ing ten units or less in the infill category. These areas would
then not be subject to approval by the Residential Development
Review Board and would not require a major extensidh to the exist-
ing water and sewer facilities.
RESIDENTIAL DEVELOPMENT REVIEr,]
BOARD (Ratification of Infill !1aps
FILE: 3062
ACTION: Staff re-
commendation approved
14
RED HILL RISE EIR
Scope of Services
(Revielv of
for AddenduM)
ACTIO~: Continued
at Request of Appli-
cant
13
VIII
NEN
After extended public discussion,and refutation of points offered
by both appellants and the City, the Puhlic Hearing was closed.
Aramburu stated his strong desire for resolution through existing
mechanisms. He then moved that the appeal be denied and that the
City Attorney be directed to prepare a resolution of findings
denying both appeals for presentation and approval at the next
meeting. The motion was seconded by Ellman and passed unanimously
BUS Il'!ESS
extension of Round Hill Road might be possible as a Haster Plan
is filed for all seven parcels, and both City and State guidelines
under the Environmental Quality Act of 1971 are met. Mr
Schuchardt commented further on Hr. Sederquist's remarks
July
Paqe
26,
6
.',,:
CITY COUNCIL
Lieutenant Krolak explained the City's current ordinance and
indicated that the Harin County Juvenile Justice Commission had
recommended that the Board of Supervisors renuce the curfew age
from 18 to 16. He recommende0 that the City take no action and
continue with its existing ordinance until such time as a revised
uniform ordinance is acceptable to the City and the County' of Marin
Ellman requested that Lieutenant Krolak explore the reasoning for
lowering the age limit. Ararnburu then moved, Rllman seconding,
that no action be taken by the Council at this time. Passing
unanimously.
~'111'1UTES
#417
1976
CITY CURFEr'7
City/County
LA~'7 (Proposed revision in
Curfew La~7s)
FILE:
ACTION
taken
5000
No action
21
It was the sense of the Council that action should be taken, but
to continue meeting with representatives in an attempt to work
out an alternate route and ask the City Hanager to arrange a meet-
ing for later in the week. The matter was referred back to the
Public Services Committee.
Dick Conrad,
paring a map
P.G.& E. Manager for Southern
from Blackie's Pasture to San
Narin,
Rafael
said he
Avenue.
is pre-
Ellman stated he could not recommend going ahead with installation
and would like information sho,~ing longer periods of time for out-
ages and data from other cities.
The City Manager noted that P.G.& E. has proposed a secondary or
back-up power source for the Tiburon Peninsula and P.G.& E. now
requests the City's support for the ne~'1 circui t and proposed route
He stated that the City had requested statistical data and cost
information from P.G.& E. A com~ittee met with representatives
from P.G.& E., and the City recently qbtained the services of a
consultant to review the proposal.
FILE: 4501
ACTION: Referred
to PS CTF:
4
It was noted there was a repeated offender among Tiburon realtors
and the City Manager was requested to draft a letter with assistance
from the City Attorney to the r~rin County Board of Realtors and
the State Licensing Board
P.G
&
E.
PROPOSED
NBrq
FEEDER LINE
It was suggested that fees be increased for repeated offenders of
zoning ordinance violators. Staff was requested to look into the
matter and it was the sense of the Council that a Public Hearing
be set for August 9, 1976, for an order to show case why the third
unauthorized dwelling unit exists at 1820 B. Centro T~est
SET PUBLIC HEARInG (Order to Show
Cause) 1820 B Centro ~'-!est
FILE: 76206
ACTION: Hearing set
for August 9, 1976
3
This matter, removed from the Consent Calendar, was discussed in
further detail with regard to the Zelinsky r1aster Plan, the traffic
at Trestle Glen, and the future revenues to the City.
FILE: 3000
,A.CTION: Report
accepted
2
He also mentioned that Ross should be commended for his outstand-
ing efforts and' for the la~ge amounts of personal time c~.mmitted to
the Project. It was also the sense of the Council that the map
and draft report be sent to ~e Railroad for their input. EllMan
then moved that Council adopt the Committee's Report with commenda-
tion and direct the Parks and Recreation and Planning Commissions
to submit their final recommendations to Council by September 1,
1976, seconded by Aramburu and passed unaniMously. It was noted
that THE ARK of September 8, 1976, could carry the full report.
STATUS OF PLANNING
PROJECTS AND ACTIVITIES
September 13,
CITY COUNCIL
1976
r'lI~JUTRS
#4
,
7
July
Page
26,
7
1976
ATTEST
As there
Tuesday,
was no further
July 27, 1976,
business
sine die
the Council adjourned at 1:45
a.
m
ADJOURNHENT
The City Manager referred to a letter from Pierre Joske of the
r1arin County Parks and Recreation Department regarding the
Clipper Yacht Harbor ~roperty transfer in the Strawberry
Recreation District. This transfer had been approved by the
Narin County Open Space District, and as it was within Tiburon's
sphere of influence, the Marin County Open Space District
Board was requesting the City's consideration and approval
of the transfer. Council ~cknowledged that the property was
within the City's sphere of influence and agreed with the pro-
posed transfer to the Strawberry Recreation District.
D.
In reference to the proposed planter boxes for downtown
Tiburon landscaping improvement, Ellman suggested that Diana
Bradley of the Peninsula Environmental Committee be contacted
for input.
C
t1ayor Tayor announced that in reference to the Residential
Development Review Board as discussed earlier on the Agenda,
that the Council was pleased to confirm the appointment of
William Lukens as Tiburon's Representative on the Board
B.
The Mayor asked if there were any comments regarding the
status report of the City f1anager to the Public Service
Committee items. Ellman suggested that staff refer to the
City Council minutes of November 11, 1975, Item 12, pertain-
ing to the bus stop policy.
x.
A
STAFF REPORTS
August 9,
Page 1
CITY COUNCIL
Edelstein requested that Item H, page 4 of Resolution, the word
"provides" be struck from the record and again on Item I where
it reads ,tiThe proposed Circulation Element of the City provides..
strike "provides". The same changes apply to Resolution 842.
~1IWUTES
418
1976
"
GARIFFO,
Decision
SEDERQUIST,
of Planning
SCHUCHARDT
Commission)
9.
(Appeal of
SEDERQUIST, ET AL PROPERTIES
(Appeal of Decision of Board of A~just-
ments & Revie~~)
FILE:
ACTION:
841 and
27605
Resolutions
842 approved
8.
v.
PUBLIC HEA'RI~YGS
1.
2.
3.
4.
5.
6.
Quarterly Building and Planning Permit
League of Cali~ornia Cities Conference 839)
McRegney Field Funding Assistance
Encroachment Permit (17 Tara Hill--oriveway Approach)
Cyclical Street Maintenance Program
~~~m Water Conservation Program (Resolution 840)
Report.
(Resolution
Ellman moved that the Consent Calendar, consisting
ing items, be approved as amended, without Item 4,
Edelstein and passed unanimously:
of the follo~~-
seconded by
The City Manager requested that Item 4 be removed from the
Consent Calendar for further discussion and to he put on a later
agenda.
It was requested by Ellman that the City Manager
the Joint Powers Agreement with County'of r.~arin,
the Tamalpais Union High School District.
send a copy of
Item 3, to
IV.
CONSEHT
CALENDAR
~Tone
III.
PUBLIC QURSTIO'lS AND COn~1:P."'lT~
'417 - Page 2, second paragraph, line 6, under SPECIAL PRES~NTA-
TIOr-y, to read tlCi ty of Tiburon Planning Commission. It Under
PUBLIC HEARINGS, paragraph one, page 4, line 8, change last worl
"requisitions" to read "requirements". Under l'm~'i' BUSIt-1ESS, page 5,
Item 14, second paragraph, line 2 to read "include the three
parcels of McKegney, BOdian, and Littman", . . Change ~he date
at the bottom of Page One to read "July 26, 1976". Because of
abstensions by Councilmen absent from the July 26, 1976 mee~iftq,
minutes No. 417 were continued for approval.
II.
APPROVAL OF
r1INUTES
R.L. Kleinert, City Manager; L. Brunini, Super-
intendent of Public Horks: Stan Bala, City Enqineeri
R.E. Fosnot, Director of Community Development;
a. Manick, Chief of Police; R. Conn, City Attorney~
Carol Gro~1, 1'1inutes Clerk
EX OFFICIO:
ABSENT
Aramburu
PRESENT
COUNCIL~{~N
Ellman
,
Edelstein,
Ross,
Tayer
I.
The regular meeting of the City Council of the City of Tiburon, State
of California, was called to order by Mayor Tayer at 7:42 p.m. on
Monday, August 9, 1976, in the City Council Chambers.
ROLL CALL
CALL TO ORDER
CI'1'Y OF TIBURON
CITY COUNCIL MINUTES
CORRECTED MINUTES
REDHILL
( Revie\"1
cr:;::y
RISE EIR
of Scope of Services for Addendum)
COU1~CIL
H~!;UTE8 418
August 9,
Page 2
FILE: E-7S001
ACTION: Referred
to Land & Development
Committee for Report
1976
VI.
12.
snJ,<<
OLD BU~INESS
The Staff was requested to review the map for purposes of assur-
ing that they were referring to the correct single parcel. Item 11
was referred to the Planning Commission meetinq scheduled for
September 8, 1976.
~1ayor Tayer reaQ.~~~le~~l~~ers f~c?]1l tt,ei.e'llhQrs, l1irata, Marans, FrOMm.
Brown, and Lig1t~ennuf9lr\.'iopponfMT1:ne'1l!!cfh-m~: fir. James Green,
also a neighbor, spoke in Cuthbertson's behalf. Mr. James Murray,
attorney for Cuthbertson, also spoke in Cuthbertson's behalf and
gave a history of the lot. He stated that 11r. Cuthbertson wanted
only one duplex to be constructed on the lot. He stated that~weS+~r'~
Vista Del l'1ar was not used by anyone and would accommodate Mr.
Cuthbertson's traffic. He also stated that Lot 9 would be left
as open space and r1x. Cuthbertson's driveway would enter on Lot
and would therefore not be in anyone's way. Ellman moved that
the Public Rearing be closed, seconded by Ross and voted unani-
mously to close the Public Hearinq. Mr.Marans noted the two contiguous
had to be treated as one lot for planning purposes.
Ross moved that the application should go back to the Planning
Commission for further study, seconded by Ellman, and passed
unanimously.
lots
9
The Director of Community De~relopment stated that ~1r. Cuthbertson
has requested Parcel 59-201-10 be rezoned from a R-l to R-2
with the intention of constructing on~ duplex unit on Lot 10 for
a total of two units. The Planning Commission has recommended
approval of the rez~ne. Ross moved to open the Public Hearing,
seconded by Ellman and opened unanimously.
REZONE, LOT 10, ASS~SSOR PARCEL 59-201-10
FRor~ R-l TO R-2 (Mr. Cuthbertson, Applicant--
Ordinance, 1st Reading)
FILE: 37601
ACTION: Referred to
planning Commission
for Revision in
meeting on September
8, 1976.
11.
Edelstein stated that any contention that the realtor acted
improperly and with improper notification should be made to the
State Realtors Board. The City Manager commented that the City
Attorney had drafted a letter to the Tiburon Real Estate Agencies,
~mrin County Board of Realtors, and the State Board of Realtors.
Council requested to receive a copy of the letter before it was
mailed out. Ellman moved to adopt Resolution 843, seconded by
Ross and passed unanimously.
The Director of Community Development presented this item regard-
ing the third illegal unit, ~1hich was before the City Council in
1975. After the unit was sold, a hotplate was discovered in
the unit. The owners have been notified and the Council is
requested to adopt a resolution. The Public Hearing was opened
and it was requested that the Council receive a letter from
the Board of Directors of the Lyford Property Owners Association
indicating that they supported the abatement of the illegal
dwelling unit. The Director indicated the property owners,
Mervin and Irene Deitz were notified. Ross moved to close the
Public Hearing, seconded by Ellman and passed unanimously to
close the Public Hearing
ORDER TO
(Illegal
SHOH CAUSE
3rd Unit at l820-B Centro
Nest)
FILE: 76206
ACTIOM: Resolution
843 approved
10.
Ellman moved that Resolution 841 be adopted, seconded by Ross
and passed unanimously. Ross moved that Resolution 842 be
adopted, seconded by Edelstein and passed unanimously.
August 9,
Page 3
CITY COU}TCIL
Ross asked the City Attorney if a two-year Use Permit was permitted
and the City Attorney indicated that it was not, only one-year
permits were allo~~able. Southern Pacific indicated that this
\o1ould be permissible. r1ayor~~Tayer requested a motion to vote on
granting a use permit for the extention of Southern Pacific parking
lot be made to follow the conditions as stated in the Public
Services Committee recommendation report. Hr. Finsterbusch
indicated the conditions of approval unacceptable.
~tIT\TUTRS 419
1976
1
2
3
.
.
.
That the City approve one of the suhmitted plans.
That the Use Permit be, for a period of two years.
That the Agreement with Southern Pacific ~.,ill not
provide parking for buses.
l1r. Finsterbusch requested
resolved.
that the following specific items be
The City Engineer requesten that a drainage plan be submitted
for the proposed lot as a present drainage problem exists along
Tiburon Blvd.
Mr. Zelinsky stated that he cid not want Southern Pacific to
close the parking lot and that he wanted to protect the do\~tot~
merchants for ample parking. Hr. Rod Taft, operator of #1 Main
Street, spoke in behalf of Southern Pacific, stating that he felt
they were doing the City a great favor .by provi~ng ample parking
Mr. Zelinsky sugges~d.ihat the tour buses park near the Safeway
Store. Mr. Alfred ~ ~~~complained of cars turning around
on his deck while looking for parking. Mayor Tayer stated that
any problems as to parkinq in front of his house (Segerdanz) should
be referred to the Traffic Safety Committee.
Mrs. Tr4mmer, l891Mar West, complained about tour buses and the
dust they cause and stated that she hoped Southern Pacific would
reserve the green belt along Paranise Drive. Mr. Bill Finsterbusch,
Southern Pacific, stated that he filed an application on May 6 for
permission for the parking facilities and that he is not inter-
ested in continuing the existing parking arrangement. He stated
that he would not accept the long-term use permit, but would only
consider a temporary use permit, preferably for a two-year period.
He assured that the landscaping would be restored to its original
condition. Hr. Finsterbusch staten that the conditions of approval
by the Public Services Committee were unacceptable to Southern
Pacifico
Application for approximately 350 spaces for parking with one
access off Tiburon Blvd. near bus shelter. Fdelstein felt the
entrance should be moved next to the real estate office and that
parking for tour buses be provided.
SOUTHERN PACIFIC PARKI~G LOT
(Proposed Expansion of Existing
Parking Lot--Temporary Use Permit)
FILE: l6802. 4
ACTIO~: Temporary
Use Permit granted
13.
Recess was called at 9:35 p.m. with Council reconvening at 9:40
the roll standing as originally noted.
p.m. ,
RECESS
It was suggested that this matter be continued to the next City
Council meeting scheduled for August 23, 1976. It was suggested
that in the interim, the matter should be referred to the Lands
and Development Committee and for them to meet with the developer
and the consultant and to give a report to the Council. Ellman
moved to continue the matter at the August 23, 1976 meeting,
seconded by Edelstein and passed unanimously. Ross proposed that
a meeting be held by the Lands and Development Committee at 8:00 p.rn
August 19, 1976, at City Hal:.
Ross moved to grant a temporary Use Permit for the proposed
parking lot essentially in accordance with the 12 conditions
as submitted by the Public Service Committee and Exhibit "An
dra'!ling, seconded by ~llman, and passed unanimously.
14 P.G.& E. NEW FEEDER LINE (Additional FILE: 4501
Power Source for Tiburon Peninsula) ACTION: Requested
that City Manager
arrange walk with
P.G.& E.
The City r-1anager stated the Consultant, I'.'lr 0 Shinn, agreed there
is a need for a back-up service for the City of Tiburon, and he
reco~rnended installation of the new line.
P.G.& E. requested the City prepare an undergrounding master plan
and they would give the City a cost estimate for the proposed
undergrounding.
Ellman moved to table this matter and the motion was seconded by
Ross. The motion failed on a 2 aye, 2 nay vote.
~~.~n .
lman requested that underground feeder lines be cons1dered on
Tiburon Blvd. in lieu of overhead feeder lines, except where
overhead lines are on both sides of the Boulevard, and that
these lines be consolidated by rerouting. i'iayor Tayer suggested
that the Public Services Committee walk the route with P.G.& E.
representatives.
The City r~anager requested approval for additional costs to the
consultant amounting to a total of 39 hours or $1462. Ellman
moved to approve the amount of $1462 which included the additional
hours provided by the consultant, seconded by Ross and passed
unanimously.
15. McKEGNEY FIELD (Status & Funding of FILE: 3053
Perimeter Costs of Project) ACTION: Funds
ratified for expend-
iture.
The City Manager requested Council's consideration and approval
for expanding the scope of the original McKegney Field contract.
This additional or change order work included irrigation of the
perimeter areas at an estimated cost of $8500 and installation of
sub-drainage at a cost of $2800. Ellman moved for authorization
of expenditure, seconded by Ross, and pass unanimously.
Ross requested a breakdown of funding sources and expenditures
to date for construction of McKegney Field.
VII. NEtJ BUSINESS
16 PROPOSED INCREASE IN PLUMBING, ELECTRICAL, FILE: 3000
14ECHANICAL PERNIT FEES (Resolution) ACTION: Resolution
845 Passed unani-
mously
Edelstein requested a paragraph be added at the end of the resolu-
tion, page three, before PASSRD &~D ADOPTED, to read nlf the
applicant fails to obtain the required permits before pr6ceeding
\'li th the work, the above fee should be double and the'Building
Officials shall report repeated violation to the applicable
State License Board."
Ross moved to adopt Resolution 845 as amended, seconded by
Ellman and passed unanimously.
17 BINGO GM1ES (Request to permit FILE: 1206
Bingo Games in the City of Tiburon) ACTION: Continued
to September 27,
1976 Council meeting
The City Manager stated that a request was recently received
CITY COUNCIL MINUTES 418 August 9, 1976
Page 4:
CITY COUNCIL
J.VIIlJUTES 418
August 9,
Page 5
1976
f1ayor Tayer stated a meeting was being scheduled with the
Reed Union School District concerning the Tennis Court
Agreement to assure good relationships for future negotia-
tion on tennis facilities.
F.
Ellman suggested the organization of a Public Advisory
Committee for P.G.& E. related matters and recommended a
Citizens Committee.
E.
Q.
Hayor Tayer read a letter from Helen Sanford to the
Heritage Landmarks Committee stating she was willing to
serve but is presently serving on the Board of Design Review.
The City Manager suggested reducing the Heritage Landmarks
Committee from seven members to five members.
rtilvel.>t~ Coutte\\ ~ (!a.ol 5he.H
The Mayor~appointed Ellen Rice^to the Library Committee
chaired by Joseph Barrish
C
Mayor Tayer said that the Roudas have resigned from the
Fine Arts Commission and recommended John Lonergan be
considered for appointment to the Commission.
B.
~'1~rd p,.o~
r ~~ated that he had received a letter from FraR98s
~n~questing a response, Mayor Tayer asked to
refer the matter to the Design Review Board and suggested
that a special committee be organized composed of Ellman,
Ross, and a Planning Commissioner appointed by Joan Bergsund.
A
IX
CITY COUNCIL COr.1~IENTS AND COM!1ITTEE REPORTS
The City Attorney advised that the Tiburon Police had certain
monies which they received from a Mr. Halavais at the time
of his arrest, and that conflicting claims had been filed
for the money by the State Franchise Tax Board, and by an
attorney claiming to represent Mr. Halavais. The City
Attorney requested permission to file an interpleader action.
Ross moved to authorize the City Attorney to file an inter-
pleader action, seconded by Ellman and passed unanimously.
C.
The City Attorney advised that several years ago a Mrs.
Aureguy applied to the City for a lot split. There was
litigation regarding the matter which was settled with an
agreement that Assessor's Parcel 59-141-27 would only be
used for single family. The property now is owned by a ~tt.
Rogers who has requested the City confirm the zoning applic-
able to the property. The City Attorney recommended that
in order to clarify the zoning, the Council initiate pro-
ceedings by declaring its intention to rezone the parcel
to R-l. Ellman moved to approve Resolution #846, seconded
by Ross, and passed unanimously.
B.
The City Manager requested approval of a proposal from the
City of Belvedere requesting dispatChing services at $400
per month for 1976-77, and $515 per month starting fiscal
year 1977. This would be retroactive to July 1, 1976. Ross
moved for approval, seconded by Ellman, and passed unanimously.
A.
VIII
.
STAFF REPORTS
Ellman suggested that it be investigated as how other cities
plan to deal with this matter, and he moved to continue until
the second meeting in September, seconded by Ross, and passed
unanimously.
from a nonprofit organization to conduct bingo games in the
City of Tiburon. He expressed concern and precedent in regard
to the request, as related to traffic, parking, noise, and
other impacts. The City f1anager indicated that a model ordinance
is now being prepared by the League of California Cities regarding
bingo games and that the new legislation did provide for cities
to charge a fee for such activities.
ADJOURNMENT
As there was no further business, the Council adjourned at 12:28 a.m.,
Tuesday, August 10, 1976, sine die.
~ {(~
DON
Hay Tiburon
ATTEST:
September 13th , 1976
CITY COUNCIL MINUTES 418 August 9, 1976
Page 6
August 23,
Page I
CITY COUNCIL MINUTES 419
Ross stated that Council had previously listened to all background
information and felt that the time was right to make this decision
As to McKegney Field, Chairman Berg inquired why a decision to
spend more money was made without contacting the Parks & Recreation
Commission. He said that they had had priorities established and
were about to go to the City Manager when they found out the money
had already been spent. Their priorities were landscaping along \he
waterfront, drinking water facilities, toilet facilities, parking,
storage facilities, and a snack bar. Chairman Berg asked why
the policy was changed not to have the Parks & Recreation involved
The City Manager stated that money is still available for future
improvements and landscaping. Time was of the essence and the
contractor had to be advised immediately regarding the irrigation
installation.
1976
Chairman Berg stated there was a kite clinic scheduled for
September 4, and Ayala Day on September 11.
Chairman Berg of the Parks & Recreation Commission stated the
Parks & Recreation unanimously accepted the Downtown Advisory
Committee's report. Ross stated the Council would like a letter
as to such. Berg said the Commission was about to start nego-
tiation with the Reed School District to use their tennis courts
and the Tiburon School for recreation facilities. He also stated
that they were trying to negotiate with TPC for their field.
Councilman Ellman asked why he had not received any Planning
Commdssion minutes for several months. The Director stated that
the minutes were normally routed to all Commissioners and Council-
men as soon as they were available to staff. He also stated that
the Commission had only met once in August and that the Planning
Commission minute clerk had been on vacation, thus causing the
distribution delay. Councilman Edelstein indicated that he had
not received a set of Commission minutes since he has been on the
Council. The Director said he would iook into the matter and
have the minutes routed to the Council.
Chairman Joan Bergsund of the Planning Commission stated that the
Planning Commission had completed the Circulation Element of
Tiburon General Plan. She also stated that they have received
the Downtown Advisory Committee Report to review in early September
in order to get their comments to City Council by September 27, 1976.
III
COMMISSION
Minutes No. 418 continued to September 13, 1976. Ellman mentioned
that Item 11 was incomplete. The City Manager suggested sending
Council the minutes on Item 11 as taken directly from the notes.
REPORTS
II
APPROVAL OF
r1INUTES
R.L. Kleinert, City Manager; L. Brunini, Superintendent
of Public Works; Stan Ba1a, City Engineer; R.E. Fosnot,
Director of Community Development; M. Manick, Chief
of Police; R. Breiner, Deputy City Attorney; Carol Grow
Minutes Clerk '
EX OFFICIO:
ABSENT:
Aramburu
PRESENT
COUNCILMEN
Ellman
,
Edelstein
,
RosS,
Tayer
I
The regular meeting of the City Council of the City of Tiburon
of California, was called to order by Mayor Tayer at 7:36 p.m.
on Monday, August 23, 1976, in the City Council Chambers.
ROLL CALL
,
,
State
CALL TO
ORDER
CITY OF TIBURON
CITY COUNCIL MINUTES
CORRECTED
._, ..-
(See Page 10*)
August 23,
Page 2
CITY COUNCIL
Ellman inquired if there was a requirement for any BCDC permits
on the Heifetz situation. Ellman moved that the Consent Calendar
consisting of the following items be approved, seconded by Ross
and passed unanimously:
fv1INUTES 419
1976
Edelstein questioned Item 1 regarding the progress of the
property owner providing legal access. The Director of Community
Development stated legal access is part of the conditions of the
agreement between Heifetz and the City. Edelstein asked if
there was any decision by the Landmarks Committee on the cod
house next to the Heifetz property. He was told there was no
decision and that a meeting was scheduled for August 24, and
a report was sent in on the matter.
v
CONSENT CALENDAR
Francis Lichtenberg inquired if the Public Services Comrnittee"s
report on Paradise Drive would be brought up this evening.
Mayor Tayer said this item would be on the agenda in the future.
Rockey Fazio, 1874 Vistazo West, complained of barking dogs.
He stated that he had been awakened at 3 and 4 o'clock in the
morning from barking and requested that something be done
Chairman Berg brought up the problem.of cars parking on the
water side of Paradise Drive with wheels on the walking path
No citations had been issued and he was told there was no
policy on this. Chief Manick stated that they were aware of
this specific problem, and the cars were parking on private
property; therefore, the City had no jurisdiction.
Mr. Wilner complained of barking dogs.
take a look at this problem and apply
where they would think twice before a
He requested that Council
a stiff penalty to owners
second violation.
The City Attorney stated that the Council had only adopted a
resolution of intent to rezone. This matter was referred to the
Planning Commission for hearing on September 8, 1976.
Mr. Rogers of 2145 Centro East stated that a Council Resolution
was passed to rezone his property to R-l. He stated that he was not
told about this and requested this matter be considered again. He
stated he had spent three months with the Planning Commission and
there had been no definite decision as to what was to be done
III
PUBLIC
Edelstein inquired whether there had been any meetings between
the Joint Parks and Recreation Committee. Berg said that one
was held last week, but there was not a quorum present due to
vacationing members. He stated the Joint Committee would like
to take over other responsibilities besides the Day Care Center.
QUESTIONS AND COHNENTS
As to Ayala Day, Chairman Berg stated the Commission will be
writing letters to officials asking them to participate. Mayor
Tayer stated that there had been a new committee formed to
expand the library and suggested that they might be interested
in taking over the Ayala Day project along with the library expan-
sion. Berg stated that Ayala Day is an established festival and
that there is a need for someone to run this project. With
no volunteers, the Parks & Recreation Assistant, Diane Spann,
was selected.
Mayor Tayer referred to Chairman Berg's reference to the tennis
courts and meeting with the R.U.S.D. He suggested that a member
of the Parks and Recreation Commission be included in this
meeting.
Mayor Tayer suggested this
Field Item on the agenda.
matter be discussed under the McKegney
August 23
Page 3
CITY COUT:,lCIL
The Council recommended that the Public Services Committee
meet with the Planning CorrmiEsicn 0n August 30 and that the
element be ready for Council consideration on September 27,
1976.
HINUTES
419
1976
Edelstein asked about the value of the qilary Drive emergency
connector between Gilmartin Drive and the St. Hilary's Church
on Hilary Drive in lieu of the service road from Gilmartin
Drive to Hacienda Drive. The Director said the terrain was
very steep between Hacienda Drive and Gilmartin Drive and
the connector would be quite long and winding for vehicles to
maneuver. He said the Hilary connection was much quicker.
Glen McKenzie
vistazo Drive.
to provide an emergency
ends.
questioned what type of road
The Director answered that
service road paved
,
is planned on
the proposal was
with gates at both
Ellman stated that there were inconsistencies between the map
and the text of the element. Ross requested that the element
be sent back to the Planning Commission to be cleared up. Mayor
Tayer suggested that the matter be continued and that the Publi~
Services Co~mittee meet with t~~ Director and the Planning
Commission. The Director requested written comments frcm
tho Councilmen prior to the meeting of the Public Services
Committee and the Planning Commission.
Mrs. Lochmann asked if there would be fireroads. The Director
indicated that the emergency service roads provided access to
the open space areas in case of a .fire and also served as
firebreaks. He further explained the system of emergency
road in the middle ridge area.
Ross questioned whether an EIR was needed and the Director
stated that staff had prepared a negative declaration at this
time and would prepare an EIR when all of the elements of
General Plan were computed. Fosnot also stated EIRs would
be required on major street projects like Trestle Glen/Tiburon
Boulevard Realignment.
The Director introduced the itero,and indicated that on
April 26, the City Council instructed the Planning Commission
to provide specific recommendations on the emergency service
roads. He said the Commission reviewed the Fire Protection
District's suggestion and has jointly recommended the service
roads as outlined on Page 8 of the element.
CIRCULATION ELEl1ENT (Report from Planning
Commission continued from April 26, 1976
Resolution
FILE NO: 47401
ACTION: Special
meeting 8/30/76 with
Planning Commission,
P.S.C., & Staff.
Continued to Sept. 27
meeting.
7.
VI.
PUBLIC
Mayor Tayer read a resolution co~mending Grace Pastori, which was
passed and adopted at the July 26, 1976 City Council meeting.
Mrs. Pas,griwas in attendance and presented with the resolution.
She thanked Mike Manick, Chief of Police, for his assistance.
HEARINGS
1.
2.
3.
4.
5.
6
Heifetz House Staff Report
Report on Unpaved Driveways
Request to Marin Board of Realtors
Assessments (Resolution 847)
Conflict of Interest Code (For City Council
Resolution 848)
HCDA Cooperation Agreement of
Resolution 849)
Mill Valley Refuse 3-Year
to Execute Agreement)
Agreement
(Authorization
for
rJfa yor
(Approval
Regarding Property
Extended Agreement
Members
and passed unanimously
August 23
Page 4
CITY COUNCIL
The Deputy City Attorney stated that the purpose of an EIR
as informational document and in his opinion, Mr. Edelstein
was correct.
BINUTES 419
1976
is as
Tipton read a letter dated 8/16/76 from Councilman Edelstein
in response to Tipton's letter of 8/11/76 regarding the
public purpose to be served by the inclusion in the EIR
addendum of the economic impacts. In his letter, Edelstein
stated "The only apparent reason for increasing the density
beyond the current zoning would be to compensate for landslide
repair costs, as compared to land costs, and development
costs; therefore, in order for the City to make a fair and
reasonable judgement, it would need to have a fairly complete
and accurate picture of the economic implications of pro-
posed density increases as compared to lower densities
permitted by the current zoning.1!
Tipton requested that all information pertaining to the
Economics Analysis be deleted from the EIR. He understood
that the EIR was complying with the California Environmental
Quality Act.
Ross stated that
as slide control.
no development should be considered as far
, etc.
Ellman asked why we were requesting information about taxes
since they were public record. The Director indicated the
consultant would verify this information.
Mr. Tipton said the zoning is ID4P which would permit up
to 69 units. It is the slope policy within the ordinance
which brings it down to 16 units.
Ross stated that
ordinance for 16
environmental assessment
proposal.
the site is zoned and controlled by the zoning
units. The Director stated that an EIR or
would probably be needed on any
Ellman questioned the project alternatives and wondered if
they were specific and enough in detail for the consultant to
produce an estimate in the EIR that a decision could be
made. The Director stated that perhaps some assumptions
should be outlined for the various alternatives.
Ross stated that the Committee had made some changes to the
Scope of Services dated 8/20/76 and summarized the changes.
Ross indicated that Mr. Tipton had requested that all of the
concerns during the EIR process could be satisfied during
the master plan process. Ross stated that the two committee
members present said that they did not agree with that approach.
Ross stated that he had received a letter from Mr. Bruce
Lord of Lord & Leblanc, an economic consultant who attended
the Lands & Development Committee meeting of August 19 with
Mr. Richard Tipton, applicant; Associates of Sagamore Corp.
and Jo Julin of Environmental Science Associates.
REDHILL RISE EIR (Review of
Revised Scope of Services for
Addendum - Report from Lands
Development Committee)
and
FILE NO: E-7500l
ACTION: Referred back
to Planning Commission
for meeting on Septem~
ber 8, 1976
8
VII
Recess was called at 9:00 p.m. with Council reconvening at
the roll standing as originally noted.
OLD BUSINESS
9:10,
RECESS
Edelstein made a motion to continue the hearing to September 27,
1976 City Council meeting, seconded by Ross and passed unanimously.
August
Page 5
CITY COUNCIL
Tipton corrected the Director by saying that he was not request-
ing the EIR be certified; but that it requires an addendum
which will include EIR as the alternatives and in the b~onomic
impact. Tipton said he could withhold action and file the
master plan application and proceed; and when the responses
were known, they would provide an economic analysis and any
other information necessary for EIR certification.
,1IHUTES 419
23
1976
Tayer asked staff what their opinion was and whether they
felt the economic data which had been suggested was necessary
or appropriate. The Director of Community Development stated
he felt the question was whether the Scope of Service as
provided and requested would be adopted this evening.
Ross moved to approve the Scope of Service for Addenaum to EIR
which includes all items on Exhibit A, except B2 to be deleted
from economic analysis. Paragraph D and paragraph 4 of Task I
and all of Task 2 are to be deleted. Delete Nos. 8, 9, 10, ll,
12, 13, to leave only 1, 2, 3, & 7. Task 1 should be rewritten
deleting paragraph 1, and asking for cost information on
slide repair on all alternatives. Received no second on the
motion.
Edelstein stated there was not
environmental impacts, neither
project economic impacts.
enough information to do an
was there enough to do a
Tipton felt the economic analysis was unfair and should not
be a part of the EIR since he did not have all the data for
alternatives. However, he said it will be complete by the
time the master plan is presented. Tipton stated that he
expects to submit a substantial number of costs to the
City Engineer for his review and if the City Engineer believes
they need an economic consultant, they will compensate him for
one.
Edelstein asked the Deputy City Attorney whether variance
proceedings take place prior to master plan review. The
Deputy City Attorney replied that there was no formal proce-
dure. However, they could be dealt with at the time of
master plan hearings
Tayer asked Tipton which project the EIR covered. Tipton
replied it covered the 50 unit project, but he will consider
30 units
Tipton stated that he would be willing to provide slide
repair costs with no development in the master plan hearings,
and also when the details are known. He stated unsurety
that a 50 unit project would receive approval and therefore,
he stated he did not want to provide costs for something
that would not be built. He stated he had submitted a site
plan for 50 units and had encountered such a negative response
that they had begun to work on a 30 unit project. He assured
that he would submit the costs for a 30 unit project.
R 0 S s asked the Deputy City Attorney if we issued an EIR
would the City be liable and the Deputy City Attorney
replied no. Edelstein stated that the question of liability
was of no concern in this matter and that all question of
the EIR process is disclosure for both the City and the
developer. Ross stated that the City was not liable for
anyone making a master plan for any site in the City
Ellman stated that he was opposed to Tipton's suggestions
He said the City has required economic analysis before as
part of an EIR and he felt that if the City were to allow the
applicant to go ahead and plan the master plan, t.he City
would be much more liable since we may not have an EIR on
a project once it is modified. Edelstein agreed.
Tayer asked Tipton if the only part of the Scope he opposed
was Task 2. Tipton answered no, that he opposed to the
Economic Impacts only in respect to the EIR.
August 23,
Page 6
CITY COUNCIL
The City Engineer stated the drainage, as the entrance exists on
the proposed plan, is not satisfactory. Southern Pacific has
agreed to move the entranceway midway between its existing loca-
tion and the Realty Office. Ross questioned if the proposed loca-
tions of entrance were significantly different from where it is now.
[!IINUTES 419
1976
The City Manager recommended the City pursue moving the entranceway
to the lot and for the City to assist in some manner other than
financially. The railroad agreed to have their contractor work
with the City Engineer in regard to the entranceway and a drainag~
solution
The City Manager indicated that Mayor Tayer and he had met with
representatives from Southern Pacific in San Francisco after the
last Council meeting to review the conditions outlined in the
temporary use permit. He stated the railroad was planning to
close the paved parking lot on August 14; however, after discussion
of the various conditions, there did seem to be agreement on many
of the conditions, and possibly agreement on the others.
FILE NO 16802
ACTION: Final Plan
& Conditions to be
considered at 9/13/76
City Council Meeting.
SOUTHERN PACIFIC PARKING LOT EXPANSION
(Status of Use Permit)
9
Ross suggested the letter from Lord and Leblanc be sent to the
Planning Commission and Mr. Tipton) and be made a part of the
file.
Noes
Yes:
Edelstein
Ellman, Ross
Tayer
VOTE
Ross withdrew his substitute motion and moved that this item
be referred back to the Planning Commission to determine the
need for economic analysis within the Scope of Services. This
item was referred to the September 13, 1976, City Council meeting
Ross stated he wanted to table this item because of the letter
received from Mro Lord. He made a substitute motion to continue
this matter to the next Council meeting in order for the letter
to be studied and necessary changes made on Exhibit A, seconded
by Edelstein. Tayer stated he approved of this motion because
Council hadn't received the recommendation of the Planning Commis-
sion on the need for the economic analysis. Assuming the City
has an agreement on the Scope of Services, it will have to go
back to the Planning Commission for a decision on the need for
the economic analysis.
Chairman Bergsund stated that it was a difficult project and
stated that the more information they received, the better deci-
sions the Planning Commission and the Council can make; and, as
it is within the rights of the City to make these requests at
this time, this should be the route to take
Edelstein then stated that perhaps they should table the matter
since they did not have an application. The Director stated an
EIR application had been filed and a fee paid.
Ellman moved to accept Exhibit
ation to addendum for the EIR,
A as a requirement for the prepar-
seconded by Edelstein.
Tayer asked the Deputy City Attorney whether the City was within
their rights, with consent of the applicant, to execute an
addendum that gives all additional data, and to reserve the
right before question of certification comes before the City to
ask for economic data in order to obtain more information. The
Deputy City Attorney stated this was acceptable.
Edelstein stated that the City'
EIR should be prepared as early
evaluation of the project.
s
EIR guidelines state that
as possible to be of use in
the
CITY COU~\lCIL
HINUTES 419
FILE NO 3053
ACTION: Referred the
Matter to the Parks
and Recreation Commis-
sion
August 23 1976
Page 7
MARIN COUNTY LOCAL PARK & RECREATION
ASSISTANCE PROGRM'l (Authori~ation to
Submit McKegney Field Application
12
Ross stated the
and that if this money
be room for criticism,
what was the complaint
decision Council made was within
had been spent elsewhere,
but since it was spent on
a project area
there would
the field,
The City D1anager stated that he shared Mr. Farley's feelings about
costs and how they have continued to be revised. Mayor Tayer
stated that when the matter was brought before the Council, it
had never occurred that this was a policy matter to refer to the
Parks and Recreation Co~mission for their recommendations. He
stated that perhaps this was his error, but recommendations from
the experts convinced him that this was a desirable thing to do
and less costly to do it while the contractor was there. The
City has not committed itself to any future expansion of the
project.
Mr. Leon Farley of the Parks and Recreation Commission stated
that he had understood initially that subdrainage was not required
and is now surprised that it has been added. He also questioned
the expanded scope of the project which had not been considered
by the Parks and Recreation Commission.
The Ci ty Nanager revie\1Jed the current status of the r'lcKegney Field
installation and indicated the problem now was in awaiting the
arrival of the pumping equipment. He also noted that Margaret
Jones of the RoU.S.D. had contacted him concerning a possible
connection by the District of the Del Mar facilities to our
irrigation system. The City Engineer was reviewing this matter
and preparing a cost estimate.
HcKEG'NEY FIELD (Installation Status
and Funding Breakdown)
FILE NO 3053
ACTION: Rep&~t
Received
11
Report
Ross moved this item be continued and referred to the Planning
Commission, seconded by Ellman. Ellman requested there be
specific information included from San Anselmo, Fairfax, San
Rafael, and any other cities. Also, that costs or fees be
obtained for the Scope of Services. Motion passed unanimously
10
PARKING AUTHORITY REPORT (Review of
Proposed Consultants & Fees)
FILE NO 4206
ACTION: Continued
and referred to
Planning Commission
Ross stated that because this was to be a temporary -~ interim
facility, he did not want Southern Pacific to spend a great
amount of money on the lot and recommended keeping costs down
Edelstein questioned the matter of fees and recommended some con-
trol by the City. Ellman suggested the City rec~ive a semi-annual
report of the fee schedule utilized by Southern Pacific for the
parking lot.
Ross further moved that the City Engineer be instructed by the
City Council to work with Southern Pacific to consider the City's
proposed parking layout over Southern Pacific's, seconded by
Edelstein, and passed unanimously.
Ross moved for acceptance of the entranceway as described by the
City Engineer, seconded by Edelstein, and passed unanimously.
Tayer hoped this matter could proceed so the Board of Adjustments
and Review could consider the proposed landscaping, si~ning, and
attendant shelter.
The City Engineer answered yes, the existing entrance is in
the, middle of the bus stop, and also, from the drainage point
of view, moving the entranceway would be beneficial.
The City Manager suggested the City pursue application for monies
for the completion of McKegney Field, and approve filing of the
application with the County for these funds according to the
suggested schedule.
Ross moved to refer the filing of the application to the Parks
and Recreation Commission, seconded by Ellman, passed unanimously
13. SKATEBOARD ORDINANCE (Review of FILE NO: 5007
Signs as Recommended by Board of ACTION: To be con-
Adjustments & Review) tinued to Council
Neeting in September
Chief Hanick presented the current status of the previously
adopted Skateboard Ordinance. He indicated that the Board of
Adjustments and Review had reco~mended that signs not be posted,
but graphic symbols indicating "no skateboarding" be painted on
the street areas. The Deputy City Attorney stated this was in
conflict with the provisions of the ordinance.
Ross recommended this matter be reagendized for the Council to
consider possible amendment and revision.
Edelstein questioned Chief 11anick regarding the effects of the
Ordinance thus far without posting. Manick indicated there had
been no citations issued to date, and that citizens complaints
had been reduced.
The 11ayor directed that this matter be brought back for Council's
consideration of the suggested amendments to the Ordinance in
September.
14. P.G.& E. NEll FEEDER LINE (Status of FILE NO: 4501
Implementation by P.G.& E.) ACTION: Referred
to City Attorney for
review and redrafting
The City Manager stated that the City Attorney had prepared a
lawsuit which has not yet been filed. P.G.& E. had requested
that it not be filed until after this meeting. Also, an Urgency
Ordinance has been drafted for Council's consideration providing
all new lines be undergrounded.
Ellman felt that the City should not pass the ordinance without
public hearings. He felt the City should file the restraining
order. He asked if an EIR could be required on this item. The
Deputy City Attorney sait it could be possible.
Tayer suggested the ordinance be referred back to the City
Attorney for summation at the next Council meeting. Ross moved
for referral to the City Attorney for review and redrafting,
seconded by Ellman, passed unanimously.
Ellman moved to authorize the City Attorney to file action
against P.Go& E. upon what the utilities do as far as proceeding,
seconded by Ross. Hr. Conrad of P.G.& E. suggested referring the
matter to PUC because it would be less costly for both the City
and P.G.& E.
Tayer suggested the City Attorney include filing legal action
with PUC as a possible alternative.
The motion passed unanimously.
Ross moved to deny P.G.& Eo's request for a permit, seconded by
Ellman and passed unanimously.
Conrad stated that P.Go& E. was presently working on recommenda-
tions for Tiburon Blvd. improvements and have also contacted
Pacific Telephone concerning the matter.
CITY COUNCIL I\lINUTES 419 August 23 1976
Page 8
VIII. NE~';1 BUSINESS
150 BELVEDERE/TIBURON RECYCLING DEPOT FILE NO~ 1040
(Status of Current Operations) ACTION: Acceptance
of Report
Ellman requested the City Manager contact Charles Starbuck III
who runs a recyling depot in San Franciscoo Ellman made a
motion to accept this report, seconded by Ross and passed
unanimously.
16. LIABILITY INSURANCE STUDY (Participation FILE NO: 2050
in I'1arin Cities Study for Insurance Pooling) ACTION: Authoriza-
tion to participate
wi th other 1,1ar in
Cities in study of
insurance pooling.
Ross moved to approve Tiburon's participation in a Marin Cities
study for insurance pooling in an amount not to exceed $800,
seconded by Edelstein, passed unanimously.
17. ADOPTION OF THE 1976-1977 TAX RATE FILE NO: 2034
(Resolution) ACTION: Adoption
of Resolution 850
Ellman suggested reducing the tax rate proposal to 94c and if
more money was needed, the City could borrow. The City r-tanager
recommended 96C because of the minimal budget contingency
reserve.
Ross suggested a compromise with the tax rate as 95C. Ellman
agreed with the suggestion and the City Manager stated this
was acceptable.
Ross made a motion to adopt the 95c tax rate, seconded by
Ellman and passed unanimously. Resolution 850 passed.
18. TIBURON CIVIL DISASTER PLAN (Roles FILE NO: 5009
and Responsibilities of Staff and ACTION: Recommenda-
Council) tion for Appointment
of Citizens Disaster
Council.
Chief Manick presented a brief outline of Council and staff
roles in a Civil Emergency situationo
The City Manager suggested Council start thinking of appoint-
ing a Citizens Disaster Council as recommended by the City's
Emergency Plan.
IX. STAFF REPORTS
19. PARKING ENFORCE~1ENT (Paradise Drive) FILE NO: 4206
ACTION: Approval to
Extend Barricade on
Paradise Drive.
Chief Manick stated the property along the bay side of Paradise
Drive was private property. He suggested an extension of the
existing barricade by the pedestrian path, near the Donahue
Building. Mayor Tayer discussed the problem of buses waiting
and turning around in the Paradise Drive area. Ross made a
motion to extend the barricade, seconded by Ellman, and passed
unanimously.
X. CITY COUNCIL COMMENTS AND COHl,IITTEE REPORTS
20 CITY HALL MEETING (Consideration of FILE NO: 3040
City Meetings being Held in Community) ACTION: Continued
to a future Council
meeting
Ellman moved to continue this matter to a future meeting,
secon{\_:d by Ross, and passed unanimously 0
CI'I'":! COf):'!CIL 1 I PU'l'BS ,~ 1 0 August 23 1976
:;:. ~::. ~ e ~-,
21 N~IMAL CONTROL & ENFORCEMENT FILE NO 5101
(Recommendation for Local Action ' "
Ross asked if the City could impose its own enforcement tax
and dog licensing. Mr. Nilner suggested that a penalty be
made strong enough so offenders would think twice. Ross
suggested issuing citations.
Tayer suggested Mr.. t'lilner come to the Police Department
tomorrow morning and meet with Chief of Police and the City
Manager to commence proceedings against code violators in his
area.
XI COMNUNICATIONS, REPORTS AND CITY ~mNAGER ITEMS
1. The City Manager reported on illegal kitchen facilities in
the home of Mr.. & Hrs. Friedricks, Corinthian Island.
2. The Hayor, Councilmen, and City Manager have been invited
to attend a Bicentennial Program on August 29, at the
Veteran's Auditorium in San Rafael.
3. The City Manager requested a policy variance for acceptance
of Reserve Police Officer status for Gary Lucas. Council
approved variance of the age requirement.
4. Ross said three tour buses were parked in front of the
Boardwalk and requested a complete file and report be
made on this matter. Chief Manick suggested sending letters
to Bus Companies telling them to contact private property
owners for space to park..
XII EXECUTIVE SESSION
The Council adjourned to Executive Session at 1:20 a.m..
XIII ADJOURNMENT
As there was no further business, the Council adjourned at 1:40
a.m. , Tuesday, August 24, 1976, sine die.
~/r~
DONALD S. TAYER
Mayor of the City of Tiburon
ATTEST:
R BERT L. KLEINERT
City Manager/Clerk
APPROVED:
September 13th , 1976
* As quoted from 9/13/76 minutes: Ross moved not to accept the proposed minute changes
as received from Mr. Tipton, Item 8, Page 4. Mayor Tayer suggested the minutes remain
as standing. Ellman CITY COUNCIL fIINUTES 4/9 August 23 1976
moved to approve minutes :f{:4l9 as modified, . seconde by Ross Page 10 '
and 'J passed unanimously except for abstent~on by Aramburu due
to absence.
September 13,
Page 1
CITY COUNCIL
Mr. Wallace 11arinko, 95 Round Hill Road,
Ordinance (Item 2 - Consent Calendar) be
the October 11 abatement hearing.
HINUTES 42:D
1976
requested a copy of the
sent to him for study before
1
2
3
4
TRAFFIC ENGINEERING STUDY FOR OFFICE OF TRAFFIC
(Execution of Agreement by City Manager)
ABATEr~NT OF UNPAVED DRIVEWAYS (Set Public Hearing for
1976)
AWARD OF CONTRACT (Street Maintenance Program 77G-19)
DENIAL OF CLAIM AGAINST CITY (Personal Damages)
October 11,
SAFETY GRANT
Ellman moved the Consent Calendar, consisting of the following items,
be approved as amended, seconded by Ross, and passed unanimously:
IV
CONSENT CALENDAR
None.
III
PUBLIC QUESTIONS AND COMMENTS
#419 - Ross moved not to accept the proposed minute changes as
received from Mr. Tipton, Item 8, Page 4. Mayor Tayer suggested the
minutes remain as standing. Ellman moved to approve minutes #419
as modified, seconded by Ross and passed unanimously except for
abstention by Aramburu due to absence.
i4l8 - It was requested the name "Fromm" be included in Item 11,
second paragraph where it reads "f.iayor Tayer read several letters
from neighbors . . . c, Change "Lichtenberg" to read "Lichtenberg,
on behalf of the Lyford Property Owners Association." Change line
7 to read "the westerly stub of Vista Del lVlar was not used. . . ."
Add to Item 11 "Mr. l-larans noted the two contiguous lots had to be
treated as one lot for planning purposes." Item 13, change the spell-
ing of "Mrs. Trimmer" to Mrs. Trummer", l897 Mar Nest. Paragraph
3, change spelling of "Alfred Segerdanz" to "Alfred Schickentanz".
Item 14, paragraph 4, change "Ellman requested. . ." to "Edelstein
requested. . ." Page 5, Item IX, A, Change "Frances Lichtenberg"
to "Lyford Property owney AS+fCis.t.t~.pib" Item D, change to "The
Mayor requested CouncillD ~iR ~l'ien Rfce and Carol Sheft to the
Library Committee. . ." Ellman moved for approval of Minutes #418
as amended, seconded by Ross, passed unanimously except for abstention
by Aramburu due to absence.
1417 - It was requested the first sentence of the last paragraph on
Page 3 be deleted. Page 2, second paragraph, line 5, add the worm
"Tiburon" where it states "Mayor Tayer directed the matter be referred
to the Tiburon Planning Commission." Ellman moved for approval of
Minutes #417 as amended, seconded by Aramburu, passed unanimously,
except for abstention by Ross.
II
APPROVAL OF
i"1INUTES
R. L. Kleinert, City Manager; L. Brunini, Superinten-
dent of Public Works; Stan Bala, City Engineer; Martha
McCart, Assistant Director of Community Development;
R. E. Fosnot, Director of Community Development; M.
Manick, Chief of Police; R. Conn, City Attorney; Carol
Grow, Minutes Clerk
EX OFFICIO
ABSENT:
Edelstein
PRESEIIT
COUNCILr-1EN
Ellman,
RoSS,
Aramburu,
Tayer
I
The regular meeting of the City Council of the City of Tiburon,
of California, was called to order by Mayor Tayer at 7:40 p.m.,
Monday, September 13, 1976, in the City Council Chambers.
ROLL CALL
State
on
CALL TO ORDER
CORRECTED MINUTES
CITY OF TIBURON
CITY COUNCIL MINUTES
September 13
Page 2
C I ~J:'::
Under Sectic:l
read If; 0 . ]. c
ing within 75
3, El]!;:,,:.l:J:1.
~~;J. tj .c;:~ () 1:
f ~.~: ~:.~.~ '"
COUNCIL
~~g0a3t~d changing the fourth line to
i:~~ G~S~ building or to an adjacent build-
n
HINUIIES
420
1976
~tr. Robert Wayne asked Council what the cost would be for the
undergrounding from Haciendu D~ive to Trestle Glen. Conrad
~ R::sa~e~ht.t io~~~~O)~'~e ~~;;:T~kaJt~O~?~. Atss<<f tlMJiltrlOlJ~''1'
Ellman requested a Ch~l~.ge i:O ,tho Draft Ordinance on the first
page to read n" .. . p"..:blic in'::erest ::-equires that facilities and
wires needed fo::- ~l:e e::i:-:.:'3r:~ ~on. . . IV (under Section 1) Ellman
moved that t,hiF:.; charl-:jc~ bs ,~,ns::::'.C~sd t.:> the O.cdinance, seconded by
Ross. The City Atb.Jr::cy s'i:.at,cd +:he word "needed" should not be
added. Ellman thQ~ withdrew the ~~ticn.
P~. Conrad, P.G.& Eo Representative, further stated that $140,000
has been authorized to 60 the undergrounding and that $360,000
to $380,000 was th2 o~iginal estimate. Mr. Hobbs then stated
concern over P.G.& ED's bea~ing this cost for fear of P.G.& Eo'S
customers having ,1 l."aise in the p~_'ice of their services. He was
told by Conrad th~~ this was not necessarily true.
The Council stated c~~~crn about the nethod of which this service
would be in[,;.tallcd. r--::c 0 Gl.~cg Eobb.c> a Tiburon citizen, requested
information ()J.:ch~ in:r;'J::":':c.:~cc oi the line to power performance,
what the addi.tion2.1 c::>s.:: would bo, who will bear this additional
cost, and what are the aliocated funds for undergrounding.
Council advised Mr. HoeDs that the need was reported and filed by
P.G.& E. and a consultn~t and could be obtained for his review.
He was also informed Cl defini t'.J cost hCl,d not yet been received
for the additional ~~dergrouTIding, and that P.G. & E. will bear
the cost.
Ross moved tha t t~lC ~::_ ty 's legal actions be ra tif ied by the
Council, seconded by Ell~~n, and passed unanimously. Ross further
moved to open the r;'.1,blic h~aring fo::: the 1st reading of the recom-
mended Ordinnnce R~~uir~.n~ ~~2 Undergrounding of All new P.G.& E.
Facilities and Lin2s in the city of Tiburon, seconded by Ellman,
and voted un~niG~usly.
P.G.& E. NEW FEEDER LINE
of Legal Action by City
Undergrounding Ordinance
&
(Ratification
Consideration
1st Reading)
of
FILE NO: 4501
ACTION: City's legal
actions ratified. 1st
reading of Ordinance
passed.
6
The propose~ 2illdndment to the S]:ateboard Ordinance passed 1st
Reading by the followi~g vote: Ellman, Ross, Ararnburu, Ayes
Tayer, N08S; Edelstein. Absent
Ross then moved to accept Amendment #1 prohibiting skateboards
at nighttiM2 only, seconded by Ellman. Ararnburu made a substi-
tute motion to adopt Amendmen~ #2, seconded by Ross.
Aramburu moved to clos8 the public hearing,
passed unani~ously.
seconded by Ross and
Planning CO~n~:1i8s:LO:'l Chdirrr.:~n Joan Ecrgsund asked whether the
Police would L~ ~~ls to W2~n sk~teboarders if the Ordinance
should be rcpe<J.lc;c1. Chief Hc1nick s'ttlted that the police would
be able to warn Gk~tcbc~~dersr but could not take further action
Staff recommended that signs be allowed to be stenciled on cer-
tain streets prohibiting skateboards and that the Ordinance as
amendp.d be adopted. Aram~-.:uru asked if a stencil was ready at
this time. He was told r.r-,. but:. that a design had been prepared.
Ross moved to open the public hearing, seconded by Aramburu, passed
unanimously.
v.
5
PUBLIC HEARINGS
SKATEBOARD ORDINANCE (Amendments to
Ordinance Adopted June 14, 19/6 1st
Reading)
FILE NO 5007
ACTION: Amendment
to Ordinance 174 N.S
Passed - 1st Reading
September 13,
Page 3
CITY COUNCIL
Aramburu stated that BCDC Requirements
as to the fence and entranceway.
1.1INUTES
420
1976
will have to be considered
SOUTHERN PACIFIC PARKING LOT EXPANSION
(Review of Final Design and Temporary Use
Permit Conditions - Resolution 851)
FILE NO l6802
ACTION: Adoption of
Resolution 851
8
The Director of Community Development indicated the EIR would
be amended in accordance with whatever the applicant applies
for in the master plans. When the applicant submits alternatives,
the consultant will be required to amend the EIR accordingly.
Ellman moved to accept the Planning Commission's recommendations,
seconded by Aramburu. Aramburu requested the motion also include
the Scope of Services as modified by the Planning Commission.
Ellman objected to this request. Aramburu suggested the amend-
ment in Item 2 be continued. It was suggested the paragraph
read, line 2, "an acceptable Economic Analysis as outlined in
the Original Scope of Services. . ." The recommendations of
the Planning Commission were approved unanimously.
Aramburu stated he supported the position of the Planning
Commission of an economic analysis being required for more than
16 units.
It was requested that the record show Mr Tipton understands
Council has not acted or recommended any action as of yet.
Mr. Tipton, the applicant, requested a change in the Staff Report
under BACKGROUND, paragraph 3, to read uHe felt the economic
analysis was unfair to requirE' .it as part of the EIR and should
not. . .n, and ~rr. Tipton also stated that he had already sub-
mitted costs with no development.
Ellman inquired whether an economic analysis would be required as
part of the master plan if more than 16 units were planned. He
was told by the Planning Department that an economic analysis
would be required.
It was Staff's recommendation that Council not include the
Economic Analysis as part of the Scope of Services of the EIR,
and to accept the reco~rnendations of the Planning Commission as
outlined in Staff Report.
REDHILL RISE EIR (Recommendation from
Planning Commission for Economic Analysis
for Scope of Services)
FILE NO 75001
ACTION: Recommenda-
tions of Planning
Commission approved
7
VI
OLD BUSINESS
The Executive Session was taken out of agenda order at the
of the City Manager at 9:05, with Council reconvening at 9
request
:20 p.m.
XI.
EXECUTIVE SESSION
AYES: Ellman, Ross,
NOES: None
ABSTENTION: Aramburu
ABSENT: Edelstein
~
Tayer
Under Section 4, Ellman requested changing.(a), line 2, to read
"Director of Community Development. . .n and add under (c),
line 1, to read nThe Director of Community Development shall,
after due public notice of the application, consider said appli-
cation. . ." Ellman requested the modification to include a
public notice and hearing before going before the Planning
Commission. Ellman further recommended to eliminate the second
sentence under Section 5, and to eliminate under Section 8 all
references to "urgency" provisions. Aramburu stated abstention
in this matter. Ross moved to pass the first reading of this
Ordinance, seconded by Ellman. The Ordinance passed 1st reading
by 'the following vote, and is to be brought back September 27,
1976 for second reading. .
;
September 13
Page 4
CITY COUNCIL
Mrs. Becker questioned whether there would be sound systems
what kind of lighting would by used, etc... for the park.
Mayor Tayer stated no sound systems had been planned, and
Aramburu stated no concerts would be allower without a special
permit.
Mr. Shaw asked if Council's recommendations would be directed
to the Parks & Recreation along with an environmental assess-
ment on McKegney Field.
:HINUTES
420
1976
Mrs. Elinor Becker asked who controls the use of the Field,
and if there were any limits as to who could use the field.
She was told the City? through the Parks & Recreation Depart-
ment, controls the use of the field and can regulate the
organized activities. Ellman suggested the Parks & Recreation
prepare some recommendations for regulating use.
Ellman requested Parks & Recreation provide their present
feelings on the Sasaki-Walker Plan and suggest adoption or
rejection of the plan.
Aramburu stated he felt a circulation plan for the area should
be considered, along with the environmental impacts of the
projected uses of McKegney Field.
/
It was Staff's recommendation to designate an area in Blackie's
Pasture for parking and to prohibit parking in all other areas
of the Pasture. It was requested the Parks & Recreation
Commission submit their recommendations as to parking and their
projections on how many cars will be utilizing the facility.
UTILIZATION OF McKEGNEY FIELD (Consider-
ation of parking for Cars & Bicycles)
FILE NO 4408
ACTION: Recommenda-
tions of Staff approve
VII
11
i\JE'il
BUSItJESS
tmRIN COUNTY LOCAL PARKS & RECREATION
ASSISTANCE PROGIDV,1 (Recommendations by
Parks and Recreation Commission for
Applications for Funding)
FILE NO 1070
ACTION: Report from
P & R Assistant
Accepted.
10
It was recommended by Staff that this item be continued
the Chair so directed
ENCROACHIIENT PERl'.fJIT (Heifetz,
Blvd. & Hobbs, One San Rafael
860
Ave
Tiburon
. )
FILE NO
ACTION:
,
73204
Continued
and
9
AYES: Tayer, Ellman,
NOES: Aramburu
ABSENT: Edelstein
Ross
Ellman moved Resolution 851 be passed
passed by the following vote:
seconded by Ross and
Mr. Frank Ridley, Southern Pacific representative
Item 8 ~ changed to not include bicycles within
lot.
~t;1:~1~
the parking
Ross requested Item 2 to read That the parking lot shall be
designed and laid out in the manner shown on the plans pre-
pared by Southern Pacific Railroad No. 24426 and in accordance
with the conditions stipulated in the Resolution. Ross further
recommended the final plan be reviewed by the Director of
Community Development to ensure the six spaces eliminated in
the plans were substandard and suggested the dimensions be
included in the plan which is approved.
Ellman moved for amendments to the Draft Resolution. In the
second paragraph, line 3, to read "necessary expansion;" strik-
ing the rest of the line. Aramburu requested a change under
Item 1 to read "That the said Use Permit is for a period of
one (1) year from the date of issuance, subject to renewal
by the City Council on proper application."
September 13
Page 5
CITY COUNCIL
Aramburu moved to impower the
agreement, seconded by Ellman
I\1INUTES 420
Mayor to sign the modified
and passed unanimously.
1976
The City Manager presented the proposed draft agreement
prepared by the Tamalpais Union High School District. The
City Attorney submitted a modified joint-powers agreement which
essentially amended the agreement by deleting the portion of
of the first sentence of Item 3 on Page 2 reading II. . . for
instructional, athletic, cultural, recreational and other
appropriate activities. . . II so the sentence no'~ reads IICITY
shall assure reasonable access to the PROJECT at no cost to
DISTRICT, its students and residents, by formulating reasonable
rules, regulations, and schedules for use.1I
STATUS OF McKEGNEY FIELD GRANT APPLICATION FILE NO: 3053
FOR CO~~UNITY SERVICE FUNDS (Tamalpais High ACTION: Modified
School District) Agreement approved
18
AYES: Ross, Tayer
NOES: Ellman
ABSENT: Edelstein
Aramburu
Resolution 852 passed by the following vote
Mr. Jim Wilson of the Planning Commission stated the applicant
had been very careful in his presentations in complying with
all items which had been approved up to this point.
Mr. Wayne questioned if Phase II would begin after Phase I
had been completed and if the road which was being constructed
was part of Phase I. He was told the road construction was
part of both phases.
Aramburu questioned Chairman Bergsund if she felt anything
which had been discussed at this meeting should go back to
the Planning Commission and Chairman Bergsund replied no.
Ross
Mr. Cahn, the applicant, stated that Mr. Wayne understood the
Miraflores ridge was to remain in open space down to Avenida
Miraflores and that the ridge line had been defined by the
Planning Commission at the time of the precise plan approval
moved to adopt Resolution
852
seconded by Aramburu
Mr. Wayne questioned if the open space area on the Miraflores
ridge would remain untouched under the Phase II, and whether
the previous plan which was approved, was approved after the
ridge had been graded or before. The Director of Community
Development indicated it was before.
Chairman Bergsund
to the Open Space
Map.
,
stated that if there was some question as
she recommended not approving the Phase II
CAHN-LEWIS PROJECT (Status Report
Regarding Phase I & Request for Extension
of Phase II Tentative Map & Precise Plan
Approval - Resolution
FILE NO: 87601
ACTION: Resolution
852 Passed.
12
Mr. Lewis stated a concern that even local people would drive
to the park and suggested perhaps charging a fee for parking
to people living outside the community.
Aramburu moved the four recommendations of Staff be approved
as shown in the report of Item 11, seconded by Ellman, and
passed unanimously.
Janice Hampton stated she had never been advised of
planned for the park which her home overlooked.
what was
Mr. Shaw referred to a letter from Martha McCart, Assistant
Director of Community Planning, in reference to parking,
stating that the primary transportation emphasis would be by
foot and bicycle; and that automobiles would be discouraged.
13 SALARY RANGE ADJUSTMENT (Assistant City FILE NO: 2061
Clerkis Position) ACTION: Recommenda-
tions accepted.
Ellman suggested including in the Job Description a preference
for computer knowledge ability.
Ellman moved to accept the recommendations stated in the Staff
Report, seconded by Ross, and passed unanimously.
VIII STAFF REPORTS
14. TAM HIGH SCHOOL DISTRICT" S TIBURON SITE FILE NO: 3080
(Report by City Manager) ACTION: Referred
to Lands and Develop-
ment Committee
The City Manager discussed a recent meeting with Tam Super-
intendent Trujillo concerning possible development of the Tam
High School Site in Tiburon in conjunction with the City's
adjacent open space property.
This matter was referred to the Lands & Development Committee
for further consideration.
IX. CITY COUNCIL COrJIMENTS AND COMtIITTEE REPORTS
Mayor Tayer commended the ARK for its coverage of Ayala Day and
expressed appreciation to the City Staff for its hard work and to
the Parks & Recreation Commission. Aramburu suggested the idea
of perhaps having next year's Ayala Day at McKegney Field.
15. CITY HALL MEETING ROOM (Review of FILE NO: 1023
Recommendation by Public Service ACTION: Approval of
Committee and City Manager Comments) Staff Recommendations
It was suggested the September 27, 1976, City Council meeting
be held in the J!lusic Room at Del r,1ar School. Subsequent
meetings could then be arranged at Hilarita, Audubon Society
and Reedland t'Joods School. The recommendations as prepared
in the Staff Report were approved unanimously.
16. PARADISE DRIVE HALKWAY (Public Services FILE NO: 4105
Committee Report) ACTION: Continued to
later meeting
Ross requested continuing this matter until Councilman
Edelstein's return.
17. RUSD & CITY MEETING (Review of Tennis FILE NO: 6210
Court Policy & Other Items of Mutual ACTION: Report
Interest) Received
City Manager stated a red 'light could not be utilized, and that
a yellow light must be used instead. Ellman asked for specifics
regarding the Belvedere/Tiburon Joint Recreation Committee and
the appointment of RUSD Citizen volunteer to the Committee for
improved liaison.
X. CO~lliUNICATIONS, REPORTS & CITY MANAGER ITEMS
Ellman referred to a letter Council had received from ~trs. Zippen,
#4 Narren Court, and requested a letter be written to her in res-
ponse. Chief Manick also indicated he would call her personally
on the matter.
Mayor Tayer stated he had been requested by the International
Meditation Society to nominate some prominent citizens as ideal
citizens. He requested the City Manager dispurse materials related
to the Society.
Ellman brought up the matter of PUC control over City related
matters and suggested Council approve a meeting between members of
the PUC and City.
CITY COUNCIL MINUTES 420 September 13 1976
Page 6
The City Manager reported on a meeting with Helen Benedict and
other members of the Tiburon Ecumenical Association in respect
to a bus shelter on Tiburon Boulevard, between Ned's Way and
Lyford Drive..
XIII ADJOURNMENT
As there was no further business, the Council adjourned at 12:25
a.m., Tuesday, September 14, 1976, sine die.
~ ~~
[ER
Mayor of tl : Tiburon
ATTEST~
Man
APPROVED:
September 27th 1976
CITY COUNCIL MINUTES 420 September 13, 1976
Page 7
S€r:tember
paqe 1
CITY
CO~NCIL MINUTES 421
27,
1976
Aramburu
It was Staff's rec()mme~dations this item be ref6rred to the
Public Sc~v.1.ccs Ccmmittee -::0 r~vie'., the consultant proposals and
to dete::mine whether or nc':; to proceed with a study. Consultant
intervie~~ would then be required in regard to the award of
contract.
sugge3ted no monies be appropriated until
Mr
.
Zelinsky
's
PARKING l4ANAGEMENT STUDY (Staff
on Consultant Fees and Services)
FILE NO: 4206
ACTION: Referred to
Public Services
Committee
3.
Report
V.
OLD BUSINESS
1.
2.
14.
15.
BUDGET ADJUSTMENT (Lease of Radio Equipment)
DENIAL OF SECOND AMENDED CLAIM (Sederquist)
POLICE CAR (Evaluation of Chevrolet Nova as Police Units)
USE OF RF~AR (Impacts of Radar on Traffic Enforcement)
The City Manager suggcDted Items 14 and 15 be moved to the
Consent Calendar. Ellman moved to approve the Consent Calendar,
consisting of the following items and including Items 14 and 15,
seconded by Aramburu. Ararr~uru requested a subsequent report be
made in reference to Items 14 and 15, to be brought back in
January, 1977. Th~ Consent Calendar was approved as amended
unanimously.
IV.
CONSENT
Don Batten, Pre~ident of the Tiburon/Belvedere Shark, Lions Club,
requested permission from the Council to hold White Cane Days,
October 1 and 2, and reques~ed the Mayor sign a proclamation
permitting f!ol~.c:.t:ation on city streets. Ross moved to grant
permission to t:1<3 ShC:iJ':k5 Lions Club to permit ~lhite Cane Days
during the ls'~ (',1:1. 2nd of C~::;tobGr, seconded by Aramburu. Ross
further 'm~~}'~',,:1 .::.~.~ r::::c:'~rL.~:t:.on be signed by the Mayor. The motions
passed unani.rJ:;~~~;ly.
CAJ'.JENDAR
III.
PUBLIC QUESTIO~S AND COr~NTS
1420 - It was requested under Item II. APPROVAL OF MINUTES, 1418,
line 13, be changed to read "Mayor requested Council confirm the
nomination of Ellen Rice. . ." Under Item 6, it was requested the
closing of the public hearing be indicated in the minutes and
read as "Ross moved to close the public hearing, seconded by
Ellman and passed un~nimously." Under Item 8, it was requested the
third paragraph be changed to read "Mr. Frank Ridley, Southern
Pacific representative, requested Item B be changed to not include
bicycles within the parking lot." Ross moved Minutes 1420 be
approved, seconded by Aramburu, and passed unanimously with
abstention by Edelstein due to absence.
II.
APPROVAL OF MINUTES
R. L. Kleinert, City Manager; L. Brunini, Superin-
tendent of Public Works; Stan Bala, City Engineer;
I~~rtha McCart, Assistant Director of Community
Develop~cnt; M. Manick, Chief of Police; R. Breiner,
Deputy City Attorney; Carol Grow, Minutes Clerk
EX OFFICIO:
ABSENT:
Nona
PRESENT
Councilmen:
Ellman
Ross,
Aramburu,
Edelstein,
Tayer
I.
The regular meeting of the City Council of the City of Tiburon, State
of California, was called to order by Ma~or Tayer at 7:45 p.m., on
Monday, September 27, 1976, in the Music Room at the Del Mar School.
ROLL
CALL
CALL TO ORDER
CORRECTED
CITY OF TIBURON
CITY COUNCIL MINUTES
September 27,
Page 2
CITY COUNCIL MINUTES 421
Ross moved to table this item until a problem in the community
arises, and then make a decision as to an ordinance. Edelstein
stated Section 5 of the exhibit Novato Ordinance could include
the matter of parking. Aramburu seconded the motion to table
this item. The Motion passed to table, 4 ayes, 1 nay (Edelstein)
1976
It was Staff's recommendation that an ordinance controlling and
regulating bingo games in Tiburon by charitable or non-profit
organizations be proposed. Mayor Tayer expressed concern regard-
ing possible impacts to the community related to traffic,
parking, and noise. Police Chief Manick indicated that since
the games would be held at schools and churches, there would be
no essential traffic, parking, and noise problems.
BINGO GAMES (Consideration to Permit
Regulate Bingo james in Tiburon)
FILE NO:
ACTION:
1206
Item tabled
5.
&
The City Manager noted the Tamalpais Union High School District
had recently approved funding assistance in the amount of
$19,800 for McKegney Field. In approving the funding, the
District did make certain modifications to the Joint Powers
Agreement. However, none of these modifications were those
suggested and approved previously by the City. The City l~nager
recommended this matter be deferred until the actual agreement
is received from the Tamalpais Union High School District.
The City Engineer reported on the ~tatus of completion of the
field and stated the sod would be installed soon, after watering
the sand base.
Aramburu moved to approve Staff's recommendation to approve
Change Order #3, seconded by Ellman, Passed Unanimously.
This item was taken out of agenda order at the request of the
City Manager. The City Manager presented the current costs,
funding, and completion status of McKegney Field. He also
recommended approval of Change Order #3 for hydromulching of
Areas 1 and 2 at a cost of $2600.
6
.
MOKEGNEY FIELD
Status)
Ross referred to a call he had received from Gary Gray of the
County Parks and Recreation Commission in regard to funding
assistance for designated parking. Ellman stated concern
over having a deadline of September 30 and having to make a
decision without the necessary input. Mayor Tayer stated more
public comment should be required on this item and Ross
recommended deleting the parking facility from the application
=i=n==erder=~=reee.ive :fu!:=efte3::~e~=~eRt.. Aramburu SU9gested
approval of the application with the understanding that the
parking facility is last priority. Ross moved to delete the
parking facility from the application, seconded by Edelstein
Passed Unanimously. Resolution 853 passed unanimously, with
modification to the grant application.
(Project Funding & Completion
FILE NO: 1206
ACTION: Approval
of C.O. 13. District
Agreement deferred.
APPLICATION FOR MARIN COUNTY LOCAL PARKS
ASSISTANCE FUNDS (Recommendation by Parks
& Recreation)
FILE NO: 3053
ACTION: Approval
of application with
with modification.
Resolution 853
passed.
4
Aramburu moved to refer the matter to the Pu~)lic Services
Committee for a report back at an apprapriate time, seconded
by Ross, Passed Unanimously.
and Southern Pacific's positions are reviewed. Ellman agreed
in essence with Aramburu's position and with Staff's recommend-
ation to refer the matter to the Public Services Committee.
September 27
Page 3
CITY COUNCIL MINUTES 421
Brewster Morris, a Hillhaven Homeowners Association Representa-
tive, stated his opposition to the connection of Vistazo West.
Lois Chipman, President of the Hillhaven Homeowners Association,
,
1976
Mayor Tayer read a letter from Francis Lichtenberg on behalf of
the Lyford Cove Property Owners Association in regard to the
Circulation Element and indicating support for a connection of
Vistazo West.
Edelstein moved to open the public hearing,
and Passed UnanimoUSly.
seconded by Ellman,
Staff recommended approval of a resolution adopting the Circula-
tion Element of the General Plan of Tiburon.
CIRCULATION ELEMENT (Planning Commission
Recommendation to Adopt Circulation Element
as Part of General Plan - Resolution)
FILE NO: 47401
ACTION: Resolution
854 Passed
8
Recess was called at 9:25 p.m. with Council reconvening at 9:31
roll standing as originally noted.
the
RECESS
Aramburu moved the Council accept the report, but not adopt it,
and further moved that the Citizens Advisory Committee meet
again to consider the comments received and that they meet with
the Planning Commission to consider further guidelines, seconded
by Ellman, and Passed UnanimoUSly. It was further requested
the Staff review and analyze the comments and report to the
Committee and the Commission.
The Associate Planner commented that the City should decide on
a definite plan for the downtown and 8~~ ~=~=~s=~
desi~le=~~~=i:t!F=t=Ae==p:l:cur==we=a!e=~. Edel stein stated
the CAC plan was not intended to be a master plan, but was
simply the Committee's interpretation and opinion of what the
1975 downtown plan could be. The Associate Planner summarized
the Railroad's comments and the Planning Commission's request
that further work be undertaken by the Planning Commission with
the Citizens Advisory Committee advising them
Since there were no further public comments
Aramburu moved to close the public hearing,
Passed Unanimously.
on this matter,
seconded by Ross,
Kay Kilduff, Manager of Tiburon Lodge, indicated she felt Tiburon
did not need more lodging facilities and that the current facil-
ities were not being used to capacity during the winter months.
However, she did state that a new meeting room was needed to
seat 200 people.
Mr. Hanesworth, Southern Pacific Representative, stated the
railroad would appreciate a response to their comments.
Ellman moved to open the public hearing,
Passed UnanimoUSly.
VI
7
PUBLIC HEARINGS
seconded by Ross and
FILE NO: 1042
ACTION: Referred to
Citizen Advisory
Committee
After discussion of comments received concerning the report and
land use map, Council recommended the Citizen Advisory Committee
be retained in an advisory capacity and continue to assist the
Planning Commission in order for the Planning Commission to
have the benefits of the Com.mittee's opinions and recommenda-
tions. Ross suggested the Committee reconvene in order to
discuss the submitted 'comments and to respond to them. It
was noted that Southern Pacific's comments were received that
day.
DOHNTOWN ADVISORY COfllHITTEE REPORT
(Consideration of Committee Report,
Use nap, & Comments)
Land
September
Page 4
CITY COUNCIL MIN'JTE~3
421
27
1976
ABSENT:
None
NOES
Tayer
Ellml1.n,
AYES
Ross moved to open the public hearing on this item, seconded
by Aramburu, and Pac~ed UD~nimously. Since there were no
public comments on this m~tter, Ellllian moved to pass second
reading of the Ordin~ncc, ~~ccnded by Ross and passed by the
following vote
Ede~.s"cQin
?OS0
Ar nT.bur u
SKATEBOARD ORDINANCE (Amendment to Existing
Ordinance -, 2nd Re~di~g)
FILE NO: 5007
ACTION: Ordinance
176 N.S. second
reading passed.
9
Ellman then requ;::;st-:d i . in t.he chL~racter of . . ." on
page 4, under "b" 8 lin~ 4, be d~lc"-:c~d. Ross requested on page 7
paragraph "b", line 8, to rend 11. . .. in the vicinity of
Round Hill Road.1I Rose also TGquested on page 9, paragraph "b",
to read "That r.lain Street eventually have limited access to
provide for greater efficiency for different types of traffic."
Edelstein further :::(:~quest8d. on page 9, paragraph "h", the word
"circular" be deleted. Edelstein also requested on page 10, first
paragraph, line 3, lithe need forti be deleted. Question was
called by Ross, seconded by Aramburu, and Passed Unanimously
adopting the Circulation Element by Resolution 854.
Aramburu then mOV0G to su:pcrt and approve the Circulation Element,
seconded by Ros~.. El1rr--~--- -:.~'~-:.p.r:1 the IJeputy City Attorney if
changes made in t~~.':': p::o~;:)n'~c. (:'!lc;::~.:nt ~';ot1ld require sending it
back to the PIc.:ru:~_Lg C'~~~...-:lisGion. The Deputy City Attorney
indicated the ch~ngas \]C~~ acceptable ns long as they had
already been co...t....; ''':::'''lI''----d 1-,'7 t~~:,.~ c,...-.:~-:--.: cro;on
.I.l...;;!__..... .__1 _ .1-'",: .I.......... \.,,;...,:.1..!-;;:)'-.)..... .
Aramburu indicated he
retaining culdesacs in
it would be v:OJ:th\'lhilc
present road situation
felt traffic speeds could be kept down by
the neighborhoods, and stated he felt
to tolerate the inconvenience of the
Aramburu moved to close the public hearing,
Passed Unanimously.
seconded by Ross,
Mr. Caligari and Mr. Drake both spoke in reference to the sharp
turn at the cornGr of Diviso and Centro West and indicated
support for the conl~cccion of vistazo West.
Lois Chipman asked Chief Manick if any accidents had occurred
at the corner of Diviso and Centro West due to excessive traffic,
and Chief Manick replied no
Jack Sweeney spoke in
West stating he felt
declined during the
family composition
opposition of the connection of Vistazo
the traffic in the Hilhaven area had
past five years because of changes in the
of the area.
Kirke vJhi ttingh2.:n, Lyrc.::c~ CC\i'C H.:;m~c~vners Association, spoke
in support of tho. connc~ticn of Vistazo West and stated he felt
the bulk of traff:i_c iil t.he Old Ti.buron/Lyford area comes from
Hillhaven. He also s~atcd the ~~~e8ts in Old Tiburon/Lyford area
were substand:trd 2.nd in~,-dcqt1Q:tc fa:: t:he amount of traffic'~ they now
receive.
Dusty Rhodes, President of the Tiburon Fire District Board,
stated his concern over the Fire District not having adequate
funds for assisting with the installation of emergency service
roads as outlined in the Circulation Element. However, he did
state the Fire District does want gates installed wide enough
and low enough to prevent motorcyclists from gaining access to
the roads and open areas.
also spoke in opposition to the connection of Vistazo
West.
10. UNDERGROUNDING OF PaGe& E. UTILITIES FILE NO: 4501
(Undergrounding of All New t~ires & ACTION: Ordinance
Facilities - Ordinance, 2nd Reading) 177 N.S. second
reading passed.
It was recommended by Staff to pass 2nd reading and adopt
Ordinance 177 NoS. requiring the undergrounding of all new
P.G.& E. wires and facilities for the supply and distribution
of electrical energy and communication services in the City
of Tiburon. It was requested the draft ordinance be amended
on page 2, Section 3 "en, 4th line, to read ". 0 . adjacent
accessory buildingo 0 .u and page 3, "g", 3rd line to read
II oor which are installed. "
. . . 0
Ross moved the public hearing be opened, seconded by Edelstein,
Passed Unanimously, with Aramburu abstaining.
Hr. Conrad, P.G.& E. Representative, requested letters from Mr.
Montegani and Mr. Sabella to the City Council be read into the
record in support of the proposed new feeder line.
Ellman moved the public hearing be closed, seconded by Edelstein,
and Passed Unanimously, except for abstention by Aramburu.
Ross then moved for adoption of the amended Ordinance 177 N.S.,
seconded by Edelstein and passed by the following vote:
AYES: Ellman, Edelstein, Ross, Tayer
NOES: None
ABSTENTION: Aramburu
VII. NEltl BUSINESS
12. ENCROACHMENT PE~lIT (Driveway at 2026 FILE NO: 4203
Paradise Drive) ACTION: Referred to
the Board of Design
Review and Adjustments
Staff recommended that approval of the Encroachment Permit be
granted contingent upon the conditions in the Staff Report.
Ellman stated the matter should not be before Council at this
time, but should first be considered by the Board of Design
Review and Adjustments. Edelstein ~lso requested the opinion
of the Board of Design Review and Adjustments in this matter.
Warren Callister, architect for the property owners, stated the
parapet and sidewalk were such that it would be very difficult
and costly to remove them and requested that the structure be
used as part of Mr. Jone's foundation.
Ross moved to approve the applicant's request for an encroach-
ment permit subject to Staff's recommendations as outlined in
the Staff Report. Ross then moved to amend Recommendation 2,
under n 2" to read "Driveway apron ~.,i thin the City right-of-way
should be reinforced concrete (no timber) II seconded by Edelstein.
Iv1r . Callister requested Staff's recommended conditions go
through the Board of Design Review and Adjustments to clarify
possible misunderstandings.
Aramburu made a substitute motion that the matter be referred
to the Board of Design Review and Adjustments, seconded by
Ellman. The motion passed 4 ayes, 1 nay~~; (Ross) .
11 BUS STOP (Construction of Bus Stops at Ned's FILE NO: 4100
Way & Tiburon Blvdo) ACTION: Report
received and pOlicy
reaffirmed
The City Manager stated this item was submitted as an item of
information and requested for direction from the City Council
CITY COUNCIL MINUTES 42l September 27, 1976
Page 5
September
Page 6
CITY COUNCIL MINUTES
Edelstein read a letter from Gene Marans,Chairman ~f the
Heritage Advisory Committee, in regard to the installation of
smoke detectors 1n historic landmarks. He suggested this matter
be pursued by the City Attorney and an ordinance be drafted
to protect downtown landmarks and other buildings in the down-
town area.
421
27,
1976
E
Mayor Tayer referred to a letter from Jean Aronoff in reference
to animal control and requested the City Manager write a letter
in response to her.
D.
Edelstein read a letter from the Department of Transportation
in regard to the Lyford/Tiburon Boulevard right turn lane and
recommended the matter be referred to the City Engineer for
further consideration.
C.
The Mayor referred to two agreements between the City of Tiburon
and the City of Belvedere in reference to Tennis Courts and
McKegney Field. Mayor Tayer suggested deleting the date of the
deadline as stipulated in the tennis courts agreement. The
Mayor was then authorized to negotiate the proposed modifica-
tions of the agreement with the Mayor of Belvedere.
B
Mayor Tayer
in October.
orating and
noted the 20lst Birthday of the United States Navy
Mr. Milt Stannard requested a proclamation commem-
honoring this event. The Council unanimously approved.
IX.
A.
CITY COUNCIL COMMENTS
Aramburu moved to approve the Triathalon Event subject to the
City of Tiburon having no financial or legal liabilities.
Mayor Tayer requested the approval be subject also to no loud
speakers being used infue event. Seconded by Edelstein.
Ross made an amendment to the motion that approval does not
endorse Rice for Supervisor, seconded by Edelstein. Question
called by Ross and Passed Unanimously.
REPORTS
AND COMHITTEE
TIBURON TRIATHALON (Council Approval of
Proposed October lOth Event)
FILE NO
ACTION:
event.
6105
Approval of
16
VIII.
STAFF REPORTS
The City Manager also requested obtaining additional informa-
tion regarding the pro-rata assessment for the Cities as
indicated in the Exhibit schedule.
LEAGUE OF CALIFORNIA CITIES (Consideration
of Assessment for Proposed League of C31if-
ornia Cities Headquarters Building in
Sacramento)
Council suggested they would be able to
conference in October in regard to this
instruct their voting delegate.
FILE NO 1080
ACTION: Report
received & continued
to October.
caucus at the League
matter and would so
13
Edelstein suggested the matter be referred to the Board of
Design Review and Adjustments which could easily be achieved
by use of the Board's agenda Consent Calendar. Ross requested the
record reflect the current policy b,~ continued and Staff be
allowed to determine those Public Works items to be sent to
the Board of Design Review and Adjustments.
concerning those Public Works items which are to be submitted
to the Board of Design Review and Adjustments. Past policy
has been for the Director of Community Development to determine
those projects which should be submitted to the Board of Design
Review and Adjustments. Aramburu suggested CAL/TRANS proceed
with the proposed bus stop pads at Ned's r~ay and Tiburon Blvd
without hhe Board of Design Review and Adjustment's approval,
and also that Staff recommend similar bus pads and a bus
shelter at the intersection of Lyford Drive and Tiburon Blvd
not
F The City Engineer stated he had~been able to review Mr. Tipton's
(Redhill Rise Project) submitted estimates.~=~e=~RF~-
~~.
G. The City Manager reported installation of a light fixture at
Greenwood Beach Road would be delayed for three or four months.
He stated competitive bids will have to be received by CAL1TRANS
for the project. 0 0 0 f h B Of 0 0 C Ott
H The Citr Manager sug~ested rev1tal1zat1on 0 t e Downtown eaut1 1cat1on omm1 ee
. and wou d resort bac on the confirmation of that Committee.
X COMMUNICATION , REPORTS & CITY MANAGER ITEMS
17. SCHEDULE OF FUTURE CITY COUNCIL AGENDA ITEMS FILE NO: 1071
ACTION: Schedule
received by Council
XI EXECUTIVE SESSION
XII. ADJOURNlIlENT
As there was no further business, the Council adjourned at 12:40 a.m.,
Tuesday, September 28, 1976, sine die.
~ C~
fJlayor of the Tiburon
ATTEST:
:lger/C rk
APPROVED:
October 11th I 1976
CITY COUNCIL MINUTES 421 September 27 1976
Page 7
October 11,
Page 1
CITY
Chairman Bergsund presented a summary of items the Planning
Commission is presently considering. Among these items are:
(1) a Resolution toprezone Ring Mountain and to add a RPO.3
COUNCIL
I"1INUTES 422
1976
FILE NO: 1051
ACTION: Report
Received.
2.
PIJU~NING COI$lISSION
(Chairman Bergsund)
IV.
COMl.fISSION
Mayor Tayer presented Herbert E. Wenig with a plaque from the
Tiburon Bicentennial Committee in recognition of his community
Service during the Bicentennial Year. Ellman moved to adopt
Resolution 855 honoring Herbert E. Wenig for outstanding service
to the Tiburon Community, seconded by Ross, and Passed Unanimously.
Don Simon, representing the City of Belvedere, added Belvedere's
appreciation and thanks also to Herbert Wenig_
REPORTS
RECOGNITION OF COMMUNITY SERVICE
Wenig - Resolution)
FILE NO: 6105
ACTION: Resolu~ion
855 passed.
1
Joan Bergsund, Chairman of the Planning Commission, inquired about
the current status of the "Memorandum of Understanding" regarding
the Ring Mountain Advisory Committee to be drafted by the City
Attorney and the County Counsel. It was requested this matter be
looked into and reported back at the next Planning Commission meeting
(Herbert E
Eugenia Thompson spoke in regard to the Southern Pacific Parking Lot
and urged Council to come to some agreement in regard to the bicycle
parking. She felt the present bike racks were sufficient. The
Public Services Committee recommended leaving the bike racks where
they presently exist with some improvements. It was agreed by
Council to remove the condition from the Use Permit with Southern
Pacific to provide paved parking areas. for bicycles, as long as
the railroad agrees to allow the City to maintain the existing
faoilities.
III.
PUBLIC QUESTIONS
'421 - It was reqnested under Item 4, page 2, line 8, to delete
". . .in order to receive further public comment." On page 3,
paragraph 6, line 2, delete ". . .and submit what the costs for
desirable improvements in the plan would be." On page 7, Item lip.,
change to read "The City Engineer stated he had not been able to
review Mr. Tipton's (Redhill Rise Project) submitted estimates.",
deleting the rest of the sentence. It was also requested Item "H"
be added to page 7 to read "The City Manager suggested revitaliza-
tion of the Downtown Beautification Committee and would report
back on the confirmation of that Committee." Ellman moved Minutes
1421 be approved, seconded by Ross, and Passed Unanimously.
AND COMMENTS
II.
APPROVAL OF MINUTES
R. L. Kleinert, City Manager; L. Brunini, Superintend-
ent of Public Works; Stan Bala, City Engineer; Martha
McCart, Associate Planner; Robert Fosnot, Director
of Community Development; M. Manick, Chief of Police;
R. Conn, City Attorney; Carol Grow, Minutes Clerk
EX OFFICIO:
ABSENT:
None
Ellman,
al at 9
Edelstein
:00 p.m.)
PRESENT
.
.
Councilmen
,
Ross,
Tayer
,
Aramburu
(arriv-
I.
The regular meeting of the City Council of the City of Tiburon
of California, was called to order by Mayor Tayer at 7:42 p.m.
Monday, October 11, 1976, in the City Council Chambers.
ROLL CALL
,
,
State
on
CALL TO ORDER
CORRECTED
CITY OF TIBURON
CITY COUNCIL MINUTES
October 11,
Page 2
CITY COUNCIL
After the Associate Planner presented this item, Ross moved to
open the Public Hearing, seconded by Edelstein and Passed Unani-
mously. Mr. Robert Wayne stated his opposition to the develop-
ment of the project in the Open Space areas of the ridge line.
Chester Judah, Drew Gensler, Robert Verhey, and Marilyn Siewert
spoke in opposition to the proposed construction. Paden Prichard,
I'-1INUTES
422
1976
APPEAL OF DECISION OF BOARD OF DESIGN REVIEW
AND ADJUSTMENTS (Lot 9, Miraflores Project)
FILE NO: 1053
ACTION: Referred
to Board of Design
Review and Adjust-
ments.
6
25 North Terrace - Ellman moved the Public Hearing on this
matter be opened, seconded by Ross and Passed Unanimously.
Since there were no public comments, Ross moved to close the
Public Hearing, seconded by Ellman, and Passed Unanimously.
Ross then moved to approve Resolution No. 858 with the same
amendments as requested by the City Attorney in Resolution
No. 857, seconded by Ellman, and Passed Unanimously with
Aramburu absent.
C.
95 Round Hill Road - Staff recommended notices be given to
property owners of the unpaved roadway indicating that a con-
dition of approval of their homes will be they bring their
portion of the roadway up to standard. Ellman moved the
public hearing be opened, seconded by Ross and Passed Unani-
mously. Mr. Marinko spoke in his own behalf and indicated
the driveway was a road on which several properties extended
off and he felt it unfair for him to be responsible for paving
the entire road. Ros~ moved the public hearing be continued
to the next meeting to be held October 25, 1976, seconded by
Ellman and Passed Unanimously.
B.
65 Round Hill Road - Ross moved the Public Hearing be
opened on this matter, seconded by Ellman, and Passed Unani-
mously. Mr. Bird spoke in his own behalf arid requested he
be allowed to wait one rainy season before paving his drive-
way. It was Staff's recommendation to pass Resolution 857
Declaring a Public Nuisance and Ordering Abatement of Unpaved
Driveway at 65 Round Hill Road. Since t.here were no further
public comments, Ross moved to close t.he Public Hearing,
seconded by Ellman, and Passed Unanimously. Ross then moved
to adopt Resolution 857, seconded by Ellman. The City
At.torney requested the Resolution be amended to delete t.he
words "summary" and "any" in the first paragraph to read on
line 3 It. . .the abatement of nuisances and establishing
procedures therefore,. . .ft Paragraph 3, line 2 is to be
changed to read n. . .public health, safety and welfare of
the citizens of Tiburon, in that it violates zoninq ordinance
and does not . . . n Paragraph 5, line 5, delete .t. . . by the
paving of the drive\'lay. . .n The amended Resolution No. 857
was passed unanimously with Aramburu's absence.
A.
FILE NO: WOiking
Files Plann ng Dept.
ACTION: Resolution
857 & 858 passed.
Public Hearing on
"B" continued
5.
ABATEMENT OF
UNPAVED DRIVEWAYS
VI.
PUBLIC HEARINGS
3.
It was requested Item 4 be removed from the Consent Calendar and
placed with Item 8 under Old Business. Ellman moved for approval
of the Consent Calendar consisting of Item 3, seconded by Edelstein
and Passed Unanimously.
MMWD
SOULAJULE DAM PROJECT
(Resolution of Support.)
v.
CONSENT CALENDAR
Section to t.he Zoning Ordinance, (2) the next step to the Redhill
Rise Project, (3) the Noise and Land Use Elements of the General
Plan, and (4) a Well Ordinance.
CITY COUNCIL MINUTES
422
October 11
Page 3
1976
Ross moved to open the Public Hearing, seconded by Ellman, and
~assed Unanimously. Chairman Bergsund stated the Planning
Commissions' opinion was that the Housing Assistance Program
was too complicated ~=mi~Eea~, and the Planning Commission
felt the requested $4,000 contribution to the fund was too
much. Aramburu requested the Planning Commission give Council
more input and their recommendations on this matter. Ross moved
to continue the Public Hearing and to refer the matter to the
Planning Commission to review participation in the County Assist-
ance Program, seconded by Ara~buru. Staff was then instructed
to come back with their recom:n9ndations for these funds to be
HOUSING ASSISTANCE PROGRAM (HCD Act Program
Funding Participation by City)
9
7
HOUSING AND COMMUNITY DEVELOPMENT PROJECTS
(Consideration of Projects for 1976-77 Fund-
ing)
FILE NO: 3055.2c
ACTION: Continued to
10/25/76 meeting &
referred to Plannina
Commission.
FILE NO: 3058
ACTION: Continued
to 10/25/76 meeting
& referred to Planni~'
Commission '
Aramburu requested this report be distributed to the other
cities in Marin County and to pursuade each city to appoint a
Community Service Officer, and to have a centralized pound with
the County supporting the Com:.rLuni ty Service Officer. He also
requested the BOurd of Supervisors be requested to let the Humane
Society centralize. Aramburu then requested authorization for
the Mayor to send a letter to each Marin City in regard to the
Humane Society centralizing their functions and disbursing
funds to the cities for enforcement. Aramburu moved to accept
the Staff Report and to authorize Mayor Tayer to write the
suggested letter, seconded by Ellman, and Passed Unanimously
*
The Police Chief presented the matter to the Council. Ei~~
s~~s~=eft~x=i~ B<..pu.t:t:.merri:=~i:rF=mte==maR=~.et.==oR=a=nimai
ee 1\ bee i==ma=e:t:.~=effi=y==~er=9:f=~=~~=~, and Ar amburu s ta ted
his opposition to using a policeman for this job, and preferred
a "Community Service Officeru be used instead, or an unsworn
officer.
ANIMAL CONTROL AND ENFORCEMENT (Staff Over-
view and Proposed Recommendations)
* Ellman suggested that a Police Officer act solely on
animal control matters for a week out of each month.
FILE NO. 5101
ACTION: Staff Report
accepted. Mayor
requested to write
letter to Marin Citie
10.
Recess was called at 10:15 p.m. with Council reconvening at
roll standing as originally noted with Aramburu's presence.
10:25
the
RECESS
Aramburu moved to affirm the decision of the Board of Adjust-
ments and Design Review, seconded by Ross, and Passed unanimously.
oard of Adjust-
ents & Review
Aramhuru further moved to accept Staff recommendations on page
3, nos. 2 & 3 that the building envelope be viewed by the Plan-
ning Commission, deleting Paragraph 1, seconded by Ellman. and
Passed Unanimously.
Ross moved to close the Public Hearing, seconded by Aramburu,
and Passed Unanimously. Aramburu moved to accept Staff recommend-
ations, seconded by Ellman. Aramburu then withdrew his motion
and moved to refer this matter to the Board of Adjustments and
Review with instruction that the Board review the building
envelope to see that it corresponds with the tentative map
seconded by Ross, and Passed Unanimously
Claire Edelstein of the Tiburon Ridge Association requested
flags be installed to show the ridge.
Jim Mealey of
and Mr. Cahn,
the Hawthorne District Homeowners Association,
applicant, spoke in defense of the plans.
October 11
Page 4
,
1976
CITY COUNCIL
Ross moved to endorse Staff's application recommendations for
the above two projects, seconded by Aramburu, and Passed Unani-
mously.
NINUTES
422
The City Manager presented this item and reported on the Public
Works Act of 1976. The Act provides grants to states, cities,
counties, and other political subdivisions of the state for
constructing ~ublic Works projects to place workers on the site
within 90 days from the date of application approval. The two
projects recommended for application of the Public Works Employ-
ment Act funding by the City of Tiburon are (1) Paradise Drive
Sidewalk, (2) Downtown Drainage Improvements.
LOCAL PUBLIC WORKS
INVESTMENT PROGRAM
Projects )
CAPITAL DEVELOPMENT &
(Authorization for City
FILE NO:
ACTION:
tions
3000,2002
Recommenda-
approved.
12
Ross moved to accept Staff's recommendations that this project
be funded from Gas Tax funds in the amount of $5,000, and that
the plans be ref0rred to the Board of Design Review and Adjust-
ments for approval, seconded by Aramburu, and Passed Unanimously
Chief Manick, Chairman of the Traff~c Safety Committee, reported
the results of a meeting held September 14th between residents
of the Via Capistrano area and the Chief of Police, Superinten-
dent of Public Works, and the City Engineer. It was decided
at this meeting that a four foot fence was desirable to be installe
along the meridian divider on Via Capistrano in order to pre-
vent children from climbing the steep slope of the divider.
PEDESTRIAN
CAPISTRANO
SAFETY IMPROVEI~NTS FOR VIA
(Proposed Median Divider Fence
FILE NO:
ACTION:
tions
5007
Recommenda-
approved.
11
VIII
NEW BUSINESS
Council requested an overall plan and policy recommendations for
the McKegney Field Area prior to implementing immediate parking
and signing controls. Council also requested a report be received
from the Parks & Recreation Commission on the Sasaki-Walker Plan
and from Staff before adoption by Council
The City Manager presented this item before the Council and
requested the recommendations reached at the September 29 Ad
Hoc Richardson Bay Lineal Park Study Committee meeting be
accepted. The City Manager stated he would distribute the
minutes from that meeting to the Council.
McKEGNEY
Regarding
Pasture)
FIELD PARKING (Recommendations
Designated Parking in Blackie's
FILE NO
ACTION:
report
3053
Request for
from P & R
8
Aramburu moved to accept the City Manager's recommendation for
approval of additional costs for the hydromulching and fertiliz-
ing by revising Change Order #3 from $2600 to $4400, seconded
by Ellman and Passed Unanimously. Aramburu further moved the
Mayor be authorized to sign the agreement as modified with
Tama1pais High School District for additional funding, seconded
by Ellman and Passed Unanimouslyo
McKEGNEY FIELD
Change Order)
FILE NO: 3053
ACTION: Approval of
Change Order #3 &
authorization for
signing of Tam High
District agreement
4
(Approval for Revised
VII.
OLD BUSINESS
reported at the October
with the following vote
Aramburu, ayes
25th meeting. The vote passed with
Ellman, Edelstein, noes; Ross, Tayer,
CITY COUNCIL
r,1INUTES
422
October 11,
Page 5
1976
Council adjourned to executive session at 12:35 a.
m.
XII
EXECUTIVE SESSION
FUTURE CITY COUNCIL AGENDA ITEMS - Ellman moved that a City
Council meeting be held on December 27th, seconded by Tayer.
The motion failed by the following vote: Edelstein, Ross,
Aramburu, Noes; Ellman, Tayer, Ayes.
D.
RING MOUNTAIN (Robert Goetz) - It was requested a letter be
written to Mr. Goetz stating it was premature for Council to
meet with him prior to formal submittals for the Ring Mountain
Project.
C.
RECYCLING DEPOT (Neill Smith) - It was requested Neill Smith
and Chut Dami be contacted for further information and that this
matter be referred to the Government Liaison Committee
B.
MCCMC TAX EQUITY CO~~ITTEE (Jean Barnard) - Aramburu requested
this item be continued to the October 25th meeting.
A.
XI.
COMMUNICATIONS,
The Superintendent of Public Works requested an encroachment
permit for gas service at 2155 Centro East and received no
objection from the Council.
REPORTS
&
CITY
r1ANAGER
ITEMS
F.
Ararnburu brought up the problem of high school students having
to catch buses at 6:50 in the morning, and then having to wait
at least an hour before clases begin since there is not a later
bus which arrives at an appropriate time.
E
D
Ellman reported that Marin Transit District is considering run-
ning a bus from Paradise Drive in Corte Madera to Tiburon.
Supervisor Tom Price has requested the City of Tiburon's opinion
on this matter and Council supported the proposed nus routing.
Ellman inquired if City approval had been given for the duplex
to be constructed at 2026 Paradise Drive. Edelstein requested
estimates be brought back by the City Engineer for costs of
constructing sidewalk railings out of either wood or cement
C
The City Manager reported to Council that the memorial dedication
for Allan Thompson would be held November 6, 1976, at 1:00 p.m.
Ross moved Edelstein inspect the site for approval of the mount-
ing of a plaque in memory of Allan Thompson and that Edelstein
discuss this matter with the Public Works Department.
B.
Council approved the Figari
expanded driveway approach.
A
encroachment permit request for an
x
CITY COUNCIL COMMENTS
The City Manager reported on the dangerous bus stop situation for
students waiting for buses after school at the Rock Hill Road/
Tiburon Boulevard Intersection. After a meeting on September 30th
between the Tiburon Chief of Police; CArol/TRANS, Golden Gate
Transit, and the President of the St. Hilary's School PTA, an
agreement was reached that the 3:00 p.m. bus would bp diverted
up Rock Hill Road to Hilary Drive. CL,..L/TRANS would then undetake
the engineering design and cost estimate of a new bus pad to
be located on Tiburon Boulevard at Rock Hill Road. Ellman
requested a letter be written to CAL/TRANS in support of this
project.
AND CONMITTEE REPORTS
IX.
13
STAFF
ROCK HILL ROAD/TIBURON BOULEVARD
SECTION (Resolved Bus Pick up of
Students)
REPORTS
INTER-
St. Hilary
FILE NO: 4100,5007
ACTION: Report
received
XIII ADJOURNMENT
As there was no further business, the Council adjourned at 12:55 a.m.
Tuesday, October 12, 1976, sine die.
~ ~~
~
f-1ayor )n
ATTEST:
/{$ ~=-""'"'~
, OBERT L. K
City Manage
APPROVED:
October 25th, 1976
CITY COUNCIL MINUTES 422 October 11 1976
Page 6
Mayor Tayer announced that Gordon Strawbridge contributed $100 to
the City's Land Acquisition Fund for the 12th consecutiveyeclr.J,";/(J;
Council expressed their appreciation on behalf of' the City o'rtT'iburon
~ <.~., 't....: : '; ~..~, r . :\
A .!, f: t 1;
r. 15;"
- Mayor Taye~:;~esented
his City Servitcz:e and c 1;
] t,i ~}"'! ,. '; ,,-
October 20 ,Ll,9 7.6.:
Page 1
.
CITY COUNCIL MINUTES
(1) Robert Fosnot (Planning Department)
a plQque to Bob Fosnot in recognition of
SERVICE
RECOGNITION OF CITY
4'23
IV
PUBLIC QUESTIONS
Edelstein suggested.the Committee split their meeting locations
between Tiburon and Belvedere to symbolize the joint efforts or
'the Committee.
AND COMMENTS
ti
(e)
the 'fiscal of the
Committee
a list of programs and ,activities to be sponsored by
the Joint Powers Committee to continue into the Spring
and Summer. This list will be ready by the-end of
December 1976. The Committee ,is also currently
evaluating the staffing and facilities associated wdth
the above programs and activities.
a preliminary budget to operate the Committee will. be
ready by the end of January 1977.
(a)
(b)
agent and audit responsibilities
Chairman Dennis Rockey reported on activities the Joint Belvede~-
Tiburon Recreation Committee had completed through mid-October
of this year; such as 1) the appointment ~ftQommittee members
was completed and the appointment qf Tom ~ as the fifth
member will be re'conunended to Counc-il, 2) the Commi t1:ee is
contemplating the ,election of a Chairman, 3) the regular
meeting time has been set for the third Wednesday of each month
at 7:30 p.m., 4) the implementation of'various expectations of
the Joint Powers Agreement are currently in progress as follows
JOINT BELVEDERE/TIBURON
Rockey)
A.
RECREATION COMMITTEE
(Chairman Dennis
III.
#422 - It was requested under Item III, Public Questions and
Comments, that the name "Gene Thompson" be changed to "Eugenia
Thompson:. Under IV-2, line 3, change the word "rezone" to read
"prezone". On page 3, under Item 6, paragraph 4, line 2, change
"Planning Commission" to '''Board 'of Adjustments and Review". Under
Item 10, first paragraph, change the second sentence to read
"Ellman suggested that a police officer act solely on animal con-
trol matters for a week out of each month." Under Item 9, line 4,
delete the words "and misleading". Ellman moved the minutes be
approved as'amended, seconded by Ross and Passed Unanimously
COMMISSION REPORTS
II.
APPROVAL
R
Breiner
OF MINUTES
R. L. Kleinert, City Manager; L. Brunini, Superintend-
ent of Public Works; Stan Bala, City Engineer; Martha
McCart, Associate Planner; Robert Fosnot, Director
of Community Development; M. Manick, Chief of Police;
~F-~~, Deputy City Attorney; Carol Grow; Minutes
Clerk
EX OFFICIO
ABSENT
.
.
None
PRESENT
Councilmen
Ellman,
Edelstein
,
Ross
,
Aramburu,
Tayer
I
The regular meeting of the City Council of the City of
of California, was called to order by Mayor Tayer at 7
Monday, October 25, 1976, in the City Council Chambers
ROLL CALL
Tiburon,
:45 p.m.,
.
State
on
CALL TO ORDER
CORRECTED!
CITY OF TIBURON
CITY COUNCIL MINUTES
,
.l
October 25,
Page 2
in
CITY COUNCIL MINUTES
FILE NO. 3m13
ACTION: Continued
to November 29th.
The Associate Planner presented this item and recommended adoption
of an ordinance amending Ordinance No.9 N.S., The Zoning Ordin-
ance. Aramburu moved the Public Hearing be o~e~~4!v~~~~~9re~ed
Ross, and Passed Unanimously. Robert Goetz, '~~=aRCL
a.~e~=EQ& the development of Ring Mountain, stated his
hopes that the City ~~ould remain fle~:ible on the density allow-
ances of th~ zord.ng ~ Ec.:.n:j;: :':on Eur~J'ey expressed his opinion that
the City should m~iIlt~.i.:l tl:e current County zoning density on
Ring Mountain. Ar;.i.rnburu r.lc'v"'ec1 to close the Public Hearing,
seconded by Roas, end Pnssej Unnnirr.ously. Several amendments
were made to th~~ draft ordinance as follows: The title is to
AMENDMENTS TO ZONING ORDINANCE
(Sections 10-4 - 1st Reading)
423
1976
5.
RPD-3
FILE NO. Working Files
ACTION: Public Hearing
continued to December
13, 1976.
Ellman moved to open the Public Hearing, seconded by Ross, and
Passed Unanimously. Staff requested additional time of two
months, to December 13th, be allowed for compliance with the
City Ordinance regarding unpaved driveways. If compliance
does not occur by that time, a resolution will be presented
to Council for adoption. Also, a form letter is to be sent to oth-
er property owners with unpaved driveways, informing them of
the City's requirc~ent, and a period of six (6) months be given
to each to comply with Section l3-4C. Council requested copies
of the form letter be sent to Council before being sent out to
respective property owners. Ross moved to continue the Public
Hearing to December 13th, seconded by Ellman and Passed Unani-
mously.
4
.
ABATEMENT OF UNPAVED DRIVEWAYS
VI
PUBLIC HEARINGS
Ellman moved
by Aramburu,
for adoption of the Consent Calendar,
and Passed U~~nimously.
SET PUBLIC HEARING (Rezcne of Roger's
Property - 2145 Centro East, R-2 to R-l
November 8, 1976
Item
FILE NO.
ACTION:
Item 3
3,
3i602
Adoption of
seconded
3
It was requested Item 2-A, 2026 Paradise Drive, be removed from
the Consent Calendar for further discussion. Aramburu then
moved for the adoption of Item 2, as amended, seconded by Ellman,
and Passed Unanimously
FILE NO
ACTION:
Item 2.
4203
Adoption of
2
ENCROACHMENT PERMITS
FILE NO. 5007
ACTION: Adoption
Resolutions 860,
& 862
Aramburu moved to adopt Item 1 of the Consent Calendar with
amendment to Resolution 862 eliminating Nos. 3 & 4 of the
Resolution, seconded by Ellman and Passed Unanimously. Therefore,
Resolutions 860, 861, and 862 were passed unanimously.
of
861,
1
.
TRAFFIC SAFETY CO~~ITTEE
RECO~~NDATIONS
V.
CONSENT CALENDAR
(3) Joseph Reeves (Building Official) - A Resolution of the
City Council of the City of Tiburon commending Joseph Reeves
for Dedicated Service was passed and adopted by the Council.
Ross moved for adoption ~f Resolution 853, seconded by Ellman,
and Passed Unanimously.
(2) Frank Brooks (Public Works Department) - Mayor Tayer
presented Frank Brooks with a pl~que in recognition of complet-
ing ten years service and for his dedicated service to the City
of Tiburon.
contributions to the City of Tiburon
October
Page 3
CITY COUNCIL
fl.1INUTE S 4 2 3
25
,
1976
None
IX.
STAFF REPORTS
Ellman urged staff to devise a counter-checking system on a
month-to-month basis to assure the accuracy of the monthly
computer reports. The motion Passed Unanimously.
Ross moved for acceptance of the Sleezer & Eckhoff audit
report, seconded bv Ellman. Aramburu commended the account-
accur~.
ants on the ~~r ~n of the report and last year's revenue
estimates.
FILE NO: 2080
ACTION: Report
accepted
9
ACCEPTANCE OF 1975-76
ANNUAL AUDIT
VIII
NEW
BUSINESS
Ellman moved to accept staff recommendations to appropriate
funds totalling $4,000 for the Housing Assistan~eProgram, and
that the matter be referreq~~~~.~po the Planning Commission
for further discussion of ~ ~!~ uses of the funds,
seconded by Ross and ~assed Unanimously. This matter is
continued to the November 29th City Council meeting.
HOUSING ASSISTANCE PLAN (Planning
Commission Recommendations)
FILE NO: 3058
ACTION: Continued
to November 29th.
8
VII
.
OLD BUSINESS
The Associate Planner presented this item and recommended
continuing this matter until November 8th in order to receive
comments from the Planning Commission. Aramburu further requested
the Parks and Recreation Commission give their input also, since
several letters had been received from residents requesting
the funds be spent on new tennis courts. Francis Lichtenberg,
President of the Lyford's Cove-Old Tiburon Property Owners'
Association, suggested the funds be spent on a playground or
recreation area in th.e Old Tiburon-Ly~~rd Area~, ~erhaps at
the Old Tiburon" Scl:col. She stated t.t~'c. t ,this t equestwould 'be
put in writing to the Council~
FILE NO: 3058
ACTION: Continued
to November 8th.
7
.
HOUSING
Ross moved to open the Public Hearing, seconded by Aramburu and
Passed Unanimously. Mr. Goetz gave a summary of the building
schedule for Ring Mountain. Phil Richardson, a Tiburon resident,
inquired what the effects of the prezoning would be. Ross
moved to continue the Public Hearing to November 29th due to the
continuance of the Ordinance designating the zoning, seconded by
Aramburu, and Pas~ed Unanimously.
&
COMMUNITY DEVELOPMENT ACT PROJECTS
PREZONE OF RING
Reading)
FILE NO: 3013
ACTION: Public Hearing
continued to November
29th
6
.
HOUNTAIN
have the word "Residential" added to the last line before the
word "Development". On page 1, "G", line 2, correct the spell-
ing of "geologic". Page 2, liB", last line, delete the words
"nearby highways and. . .". It was requested 2-B, page 2
be used for future guidelines for a ridgeline ordinance. It was
also requested 2-F, page 2 be deleted. On page 3, Section 4
is to be added after Section 3, to read IISection 4. Amendments.
Section 10-4 (G) is hereby renumbered as 10-4 (H). Thus
changing the numbering of the following sections to Sections 5
and 6. It was suggested that some sections of the draft Ordinance
were inconsistent with the Tiburon Zoning Ordinance, and staff
was asked to review the ordinance. Ross moved to reopen the
Public Hearing, seconded by Aramburu and Passed Unanimously.
Ellman further moved to continue the Public Hearing to November 29~h,
seconded by Ross and Passed Unanimously
(Ordinance
1st
October
:Page 4
CITY COUNCIL
The City Manager presented a proposal for reorganization of the
Department of Community Development. It was requested the title
of the Assistant Planner be changed to Zoning Administrator. The
City Manager's recommendations were approved by Council.
HIIJUTES
423
25
1976
I
drawings of a
H. Ede~~in ~-err~9~to a letr~r from Al Sennett requesting ~~i~
fourlane highway.~ u~8_ ~~~~!~l.~=~=~w=~ the dedication
ceremonies of McKegney Field.
The City Manager reported on a slide in which a retaining wall
had collapsed on Linda Vista Drive, and there is a need for soils
engineering. There is a question as to who should pay for the
soils engineer services 6 Ross moved the City participate in the
soil exploration for an amount not to exceed $1000, seconded by
Aramburu and Passed Uanimously. It was also requested a letter
be sent to the property owner stating no liability on the part of
the City of Tiburon was assumed by this action.
G.
The City Manager reported on a conversation he had with Neill
Smith in reference to the recycling depot being opened on Sundays
instead of Saturdays. He requested setting a meeting between the
Councilmen and Neill Smith to discuss this matter.
F
The City Manager reported the dedication for
be held sometime after the first of the year,
February.
McKegney Field will
in January or
E
Mayor Tayer suggested moving the November 22nd City Council meeting
to November 29th due to the recurring Monday night meetings dur-
ing the month of November.
D.
The Joint Parks & Recreation Commission/City Council meeting is
scheduled for November 15, 1976, at 8:00 p.m., in the City Council
Chambers.
C.
At 1':00 p.m., November 6, 1976, the dedication ceremony for the
Allan Thompson Memorial Pr~menade will be held at the ferry slip
near the Windjammer Restaurant.
B
The City Manager reported of a Joint Planning Commission/City
Council meeting scheduled for November 6th, at 10:00 a.m. to
12:45 p.m., in the City Council Chambers.
A
XI
COMI-1UNI CATIONS
Mayor Tayer read a letter from San Francisco State University
stating they intend to designate the facilities they recently
purchased in Tiburon as the Tiburon Center for Environmental
Studies.
REPORTS
& CITY
r4ANAGER
ITEMS
H
Edelstein referred to letters from P.G.& E. in regard to under-
grounding poles and gas lines. It was requested the recommenda-
tions of the Public Services Committee be put before Council at
the next regular meeting and that this matter be referred to the
Planning Commission for their recommendations in regard to
undergrounding on Tiburon Boulevard at McKegney Field.
E
D
.
Ross requested the Downtown Advisory Committee's draft letter be
reviewed and approved by the City Attorney in regard to the
Downtown Plan. The Committee's comments should be sent to Greg
Linde, President of the Southern Pacific Land Company.
Edelstein requested staff proceed with the designation of Tiburon
Boulevard as a State Scenic Highway. This matter is to be
researched with CAL/TRANS and brought back on November 8th
C
Aramburu requested staff to check on the
of the Reedland Woods School.
B
A
substantially
status of the annexation
Ross questioned the City Engineer on whether the overlay on Mar
West had been finished. The City Engineer replied that it had
'een completed, but there were still some minor items to be
finished.
x.
CITY COUNCIL CO~1ENTS AND CO~~1ITTEE REPORTS
XII EXECUTIVE SESSION
Council adjourned to Executive Session at 10:35 p.m. to discuss
litigation matters with the City of Tiburon.
XIII ADJOURNMENT
As there was no further business, the Council adjourned at 10:55 p.m.,
Monday, October 25, 1976, sine die.
~ ir~
] TAYER
Mayor 0: ~ of Ti uro~
A' ~ 1&1/.
RO KLEINERT
Ci er/C1erk
APPROVED
, 1976
CITY COUNCIL MINUTES 423 October 25, 1976
Page 5
CORRECTED
JOINT
CITY COUNCIL/PLANNING COMMISSION
WORKSHOP MEETING
I ROLL CALL (10:20 a.m.)
PRESENT: City Council: Aramburu, Ellman, Edelstein, Ross, Tayer
Planning Commission: Barsimanto, Bass, Bergsund, Forell,
Wagner, Wilson
ABSENT: Commissioner Kuhn
EX OFFICIO: R. L. Kleinert, City Manager; Martha McCart, Acting
Director of COmIT.unity Development; Jean Ellingsen,
Zoning Administrator; Carol Grow, Minutes Clerk
II. BUSINESS
- -
I PLANNING DEPARTMENT GOALS AND OBJECTIVES
McCart suggested the City should be more aggressive in
determining what it definitely desires ~~=~i~5, at
which time cost estimates can be determined and grants call be
pursued. She suggested a priority list be made for which
types of development are acceptable to the City and which are
not.
She stated the Parks and Recreation Assistant is to work
closely with the Parks and Recreation Commission to determine
the Parks & Recreation Element of the General Plan. Chairman
Bergsund suggested the Planning Commission and the Parks and
Recreation Commission work together in the final preparation of
the Parks & Recreation Element of the General Plan. The
Element is to be put on the November 15th Joint City Council/
Parks and Recreation Commission meeting and should be ready for
submittal before the Planning Commission by February 1977.
It was requested all City Council and Commission minutes be
more concise and primarily limited to what actions actually
occur. If anyone should desire more detailed information, they
can listen to the meeting tapes which will be recorded at each
meeting.
The matter of public noticing was discussed, and it was suggested
that all noticing be sent out with the ARK weekly publication.
It was requested the Planning Commission consider this matter.
Ross requested staff take a stronger position when Councilor
Commissions consider policy which conflicts with existing policy.
2 RELATIONSHIP BETWEEN COUNCIL/CO~~ISSION/STAFF
It was stated that the Commission and Council were interested
in hearing staff recommendations, and they could either accept
or reject those recommendations. If staff is overloaded, they
are to inform Council and Commission, who could then determine
which items are of importance and should be completed first; or
perhaps temporary hel~ can be obtained.
Aramburu requested an outline of City policies should be researched
within the next few months.
Council indicated that it appreciated the Chairman of the Planning
Commission's attendance at Council meetings. However, a report
does not have to be made monthly if there is nothing of import-
ance to report.
~llien matters are referred back to the Planning Commission, Council
should set specific guidelines for actions to be done on those
matters.
Ellman suggested a policy be made on the attendance of Commis-
sioners and Board Members at meetings. It was suggested that
JOINT CITY COUNCIL/PLANNING COt-iMISSION ~1INUTES November 6, 1976
Page 1
those who attend less than half of the meetings within a
four month period should be warned of their position status.
Staff was requested to review the attendance of the City Offi-
cials at meetings this year.
3 ROLE OF ADVISORY CO~4ITTEES TO COUNCIL & COMMISSION
It was suggested that when a Committee is formed, it should
be made known specifically to whom the Committee is to report
and the Committee's exact responsibilities.
appointed
The Citizen's Advisory Downtown Plan Committee wasAto serve as
the "talking body" between our Downtown Plan and what a specific
group's opinion of that plan may be. The Committee was to be
strictly advisory and not make decisions. When their function
is completed, the Committee should be disbanded.
It was requested Council clarify the matter of the "Inn-Confer-
ence Center", and make guidelines and recommendations to be
submitted to the Railroad. McCart suggested the Advisory
Committee's map for the Downtown Plan be discontinued and the
report be redrafted.
4 STATUS OF GENERAL PLAN ELEMENTS
The Land Use Element and the Noise Element are to be submitted
to Council for adoption prior to January 1, 1977.
III. ADJOURNMENT
The meeting was adjourned at 12:50 p.m., Saturday, November 6, 1976,
sine die.
~,../~ -
~
DONALD S. TAYER
Mayor af the City of Tibu L
AMdrT"
Robert L. Kleinert,
City Manager/Clerk
APPROVED:
, 1976
JOINT CITY COUNCIL/PLANNING COMMISSION MINUTES November 6 1976
Page 2
CORRECTED
JOINT
CITY COUNCIL/PARKS & RECREATION COMMISSION
WORKSHOP MEETING
I ROLL CALL (8:10 p.m.)
PRESENT: City Council: Aramburu, Ellman, Edelstein, Ross, Tayer
Parks & Recreation Commission: Berg, Rockey, Farley,
Fraser, Gram, Stewart,
Koehler
EX OFFICIO: R. L. Kleinert, City Manager; M. McCart, Acting
Director of Community Development; Diane Spann,
Parks & Recreation Assistant; Carol Grow, Minutes
Clerk
II. BUSINESS
- -
1. RELATIONSHIP OF PARKS & RECREATION COMMISSION AND CITY OF
BELVEDERE IN REGARD TO JOINT COMMITTEE, PROGRAMS, & ACTIVITIES
The City Manager summarized various joint projects and
activities shared by Belvedere and Tiburon throughout the
past years. Dennis Rockey, Chairman of the Joint Recreation
Committee gave a report on the activities and goals of the
Committee through the end of the year.
It was suggested that when regulations for Parks & Recreation
facilities are drafted by either Commission, they are to first
go before the Joint Recreation Committee, then before the
Councils and the homeowner associations.
It was the feeling of both Councils and the Parks & Recreation
Commission that a common philosophy must be met by both
Belvedere's and Tiburon's P & R Commissions as to P & R
facilities, programs, activities, and goals.
The Chairman of the Belvedere P & R Commission indicated a
desire for more joint meetings between the two Commissions in
order to ensure a sense of community effort.
Chairman Berg requested the Joint Recreation Committee determine
rules and regulations for the Commissions' guidelines on
facility usage and submit them for review to both commissions
and Councils, and then compile the final rules and regulations
into one document. The Belvedere Commission indicated that
some facilities will not be used by both cities in the same
degree and requested that some provision be added to the
document to include this.
2. PARKS & RECREATION COMMISSION MASTER PLAN
It was reported that the outline of the Master Plan is being
worked on at this time by the Tiburon P & R Commission and
will be ready for Council's review by February 1, 1977. Once
the Master Plan is completed, it will be made available to
Belvedere to be implemented into their City program.
Chairman Berg requested the Tiburon Department of Community
Development review the draft Master Plan for their comments
and recommendations.
The Master Plan is to help in determining the priorities for
expenditure in developing P & R facilities, and is to aid both
Tiburon and Belvedere.
3. PARKS & RECREATION COMMISSION RULES AND REGULATIONS RELATED TO
PARKS AND OPEN SPACE AREAS
This item is to be discussed at the November 22nd workshop
meeting. This workshop will be held to discuss the Richardson
Bay Lineal Parks Plan, and Belvedere's participation is welcome.
JOINT CITY COUNCIL/ P & R COMMISSION November 15, 1976
MINUTES #426 Page 1
JOINT CITY COUNCIL/P & R COMMISSION
MINUTES #426
,
November 15,
Page 2
1976
1976
APPROVED:
ATTEST
.
.
As there was no further
to Monday, November 29,
business,
1976, for
the meeting adjourned at 10:50 p.m
the regular City Council meeting.
III.
ADJOURNMENT
The possibility of the Co:~missioners~ terms lasting only three
years was discussed. It was requested this matter be agendized
for a later meeting.
Several applicants stated their interest in serving on the
P & R Commission to fill the vacancy made by Tammie Fraser's
resignation. Mayor Tayer stated that an appointment would
be made at the next regular City Council meeting
7
CONSIDERATION OF
The matter of a position adjustment in responsibilities and
salary was discussed in regard to the P & R Assistant. It
was stated that a final disposition on the salary adjustment
would have to be reached by both Tiburon and Belvedere and
exactly what portion of her responsibilities and salary will
be contributed by the City of Belvedere. It was requested tha~
a specific recommendation be completed for Council's review
before the end of the year.
APPLIC]!~TS FOR
APPOINTMENT TO COMMISSION
Aramburu stated a need for clear job descriptions for the
various Commission, COITmittee, and staff positions. Mayor
Tayer suggested a workshop meeting be held to rectify any
difficulties that may exist between staff and the Commission
The matter of the P & R Commission's responsibilities and
order of priorities was discussed. Leon Farley stated that
the responsibility of the Commission was to act in an advisory
fashion to the Council and that the Commission should not have
to be responsible for tasks, such as filling out forms for
funding applications, etc., and that this should be the duty
of staff. He also discussed the need for the Commission to
know on a month-to-month basis what the Commission's funding
budget is and also the budget for each year
4
RELATIONSHIP BETWEEN COUNCIL/COMMISSION/STAFF,
DEFINITION OF STAFF RESPONSIBILITIES & FUNCTIONS
RECREATION CO~1ISSION, and
REVIEW OF PARKS & RECREATION FUNDING &
ACCOUNTING PROCEDURES
TO PARKS
&
Mayor Tayer announced the resignation of Tammie Fraser from the
Parks & Recreation Commission and requested any interested
parties who would like to be considered to fill the vacancy
attend tILe joint meeting of the City Council/Parks & Recreation
Commission to be held Monday, November 15, 1976, at 8:00 p.m.
in the Council Chambers. Aramburu moved that the City Council
express appreciation to Tammie Fraser, seconded by Ellman, and
Passed Unani:r.~,Jusly.. November 8, 1976
C!TY COUNCIL MINUTES NOo 425 Page I
A
IV.
PUBLIC QUESTIONS AND CO~mENTS
Joe Barish, Chairman of the Library Advisory Committee, reported
on the current status of the Belvedere/Tiburon Library and submitted
a resolution received from the City of Belvedere City Council in
support of funding for additional space and staff and for non-fic- .
tion and reference books. He requested Tiburon City Council adopt
a similar resolution and submit it by Wednesday, November 10, 1976,
to the Tamalpais Union High School District for final reading.
Aramburu moved fo= approval to adopt Resolution #863 as amended,
seconded by Ross, and Passed Unanimously. Aramburu requested a
letter be sent to Allan Bruce requesting the matter of the relation-
ship between the City and County in regard to funds received from
taxes for library improvements be agendized for the next meeting of
the MCCMC City/County Services Committee.
III
CO~1MITTEE REPORTS
Aramburu moved the minutes be approved as amended
Ellman and Passed Unanimouslyo
#423 - It was requested on page 1, under Commission Reports, para-
graph 1, line 4, change the spelling of "Tom Grahm" to Tom "Gram".
Under Ex Officio change the spelling of "Breinor" to "Breiner".
Page 2, Item 5, line 4, change to read "Robert Goetz, an individual
interested in the development of Ring Mountain. 0." Page 3, Item 8,
line 4, strike word "alternative" and substitute "appropriate".
Page 3, Item 9, line 2, change the second sentence to read "Aramburu
commended the ~ccountants on the accuracy of the report and last
year's revenue esti:nates." Page 4, "A" under City Council Comments
and Commi t-t:ee R~2ports, line 2, change to read "The City Engineer
replied tnnt it h~d substantially been completed, but there were
still soms minor items to be finishedo" Change Item "H" under
Communications, Reports, & City Manager Items to read "Edelstein
referred to a 18tter from Al Sennett requesting drawings of a four-
lane high;,'.]ay on Ti.bu:L~on Boulevard be displayed at the dedication
ceremonies of McKegney Green."
,
Edelstein requested the Minut~s #418 of August 9, 1976, be brought
back for correction and amendment to Resolutions #841 & #842 and that
paragraphs J and K of Resolution #842 and H and I of Resolution #841
be struck and the following paragraph ~nserted: "The Planning
Commission and the City Council did unanimously resolve that the
proposed Circulation Element of the City provide that the proper
improved street access to this property is via Round Hill Roadj
applicantG have been so advised on numerous occasions."
seconded by
II
APPROVAL OF MINUTES
R. L. Kleinert, City Manager; Lo Brunini, Superintend-
ent of Public Works; S. Bala, City Engineer; M. McCart
Acting Director of Community Development; M. Manick,
Chief of Police; R. Breiner, Deputy City Attorney;
Bo Brown, Administrative Aide; C. Grow, Minutes Clerk
EX OFFICIO
ABSENT:
None
PRESENT
Councilmen:
Ellman,
Edelstein,
Ross,
Aramburu,
Tayer
I
The regular meeting of the City Council of the City of
of California, was called to order by Mayor Tayer at 7
Monday, November 8, 1976, in the City Council Chambers
ROLL CALL
Tiburon,
:45 p.m.,
.
State
on
CALL TO ORDER
Corrected
CITY OF TIBURON
CITY 60UNCIL MINUTES
FILE NO: 3053
ACTION: Continued to
November 29, 1976
The Planning Commission submitted four projects in order or
priority to be considered for selection for funding from the
HCD Act. A final decision i~_~made by January 6, 1977.
MINUTES NO
CITY COUNCIL
425
November
Page 2
8
1976
70
HOUSING AND
(Selection
COMMUNITY DEVELOPMENT
of Third Year Project)
ACT
Aramburu moved to close the Public Hearing, seconded by Ross and
Passed Unanimously. Aramburu then moved to uphold the retention
of this property as R-2 without imposing the single family ~
restrictions, seconded by Ellman. Aramburu emphasized the import-
ance of the City following through with the recording of docu-
ments to give the property owners proper guidelines. Question
was called and the vote was Passed Unanimously.
FILE NO: 37602
ACTION: Zoning to remain
R-2
Ellman moved the Public Hearing on this matter be opened, seconded
by Ross and Passed Unanimously. Mr. C. Rogers, the applicant, ,
requesteddthe property remain R-2. He stated that the City
had ~ in zoning the property R-l in that the zoning had
never been recorded and that he should not be penalized for the
City's error.
REZONING OF
TO R-l (Mr.
2145 CENTRO EAST FROM
C. Rogers, Applicant)
6
R-2
VI
PUBLIC HEARINGS
4
5
2
3
ADJUSTMENT TO r~STER SALARY PLAN (Position Reclassifications
Department of Community Development - Resolution 864)
ENCROACHMENT PERMITS
(a) 163 Miraflores .
(b) 167 Miraflores
TIBURON ADVISORY LANDMARKS COMMITTEE (Rename to Tiburon
Heritage Advisory Committee - Resolution 865)
McKEGNEY FIELD (Rename to McKegney Green - Resolution 866
Aramburu moved for adoption of the Consent Calendar, consisting
of the following items, seconded by Ellman, and Passed Unanimo~sly.
FILE NO.:- 87601 .
ACTION: Agreement approved
subject to City Attorney's
revision.
Edelstein moved the agreement have a provision added stating
the land is to be returned to its previous state acceptable to
the City of Tiburon, seconded by Aramburu, and Passed Unani-
mously. The agreement is to be returned to the City Attorney
for revision to include the above provision
MMWD RIGHTS-OF-WAY
Miraflores Project
(Water Facilities at
Unit 1 - Agreement)
1
V
CONSENT CALENDAR
Chairman Joan Bergsund, Planning Commission, inquired about th~
current status of the memorandum of understanding that was to
be drafted by the communities of Tiburon and Corte Madera and
by the County in regard to Ring Mountain. She also requested
the P & R Commission draw up an approved list of trees and
shrubs which could be purchased by citizens for Christmas trees
and then donated to the Commission for use in the City's parks.
It was requested this matter be discussed at the November 15th
meeting.
E
The City Manager introduced Barbara Brown, l~ministrative Aide
as a new member of the City staff. He also introduced Martha
McCart as the new Acting Director of Community Development.
D.
~
Mayor Tayer introduced the Webelos Den of Pack 9 of the Tiburon
Cut Scouts. The scouts requested permission from the Council
to care for Blackie's grave and to clean the bay front along the
Multi-Use Path. Council gave their support of these community
projects by the Scouts.
Co
B.
Mayor Tayer also announced there would be three vacancies in
January 1977 in the Fine Arts Commission and those persons
interested in serving on the Commission should submit an applica-
tion.
CITY COUNCIL
After discussion as to what effects the scenic highway designa-
tion and the realignment of Tiburon Boulevard would have on each
other, Edelstein moved to table this matter until further
r.1INUTES
NO
425
November 8
Page 3
1976
11
DESIGNATION OF
SCENIC HIGHWAY
After discussion, Aramburu moved to accept staff recommendations
for CAL/TRANS to proceed with warrant studies to determine
which intersections along Tiburon Boulevard would qualify for
traffic signals and for adoption of Resolution No. 867 whereby
the CIty of Tiburon is authorized to apply for Federal Aide to
Urban Systems funds for the installation of signal lights at
the Lyford Drive/Tiburon Boulevard intersection, seconded by
Ellman, and Passed Unanimously.
TIBURON BOULEVARD AS A
(Resolution)
FILE NO
ACTION:
4100
Matter tabled
TIBURON BOULEVARD SIGNALIZATION (Consider-
ation regarding Traffic Signal Installation
at Tiburon Boulevard Intersections)
FILE NO: 4100
ACTION: Adoption of
Resolution 867
10
VIII
NEW BUSINESS
Ellman moved to accept the staff report and for instruction for
staff to proceed to contact the Board of Supervisors and the
County Administratore When a response is' received, staff is
to bring the matter back to Council with the proposed budget
and a calendar for implementation, seconded by Edelstein. If
a response is not received within 30 days, staff is to proceed
with implementation regardless. This matter is to be brought
back to Council at the December 13th meeting. The motion Passed
Unanimously.
FILE NO: 5101
ACTION: Continued to
December 13 meeting
After the report was received, staff was instructed to write a
letter to the County in support of a trial local enforcement
program. It was also requested that the animal control regula-
tions be posted and publicized. There was some discussion as
to whether a minimum of two signed complaints be required in
reference to nuisance abatement, instead of one signed complaint
Aramburu moved to accept Items 7, 8, and 9 of the staff report,'
seconded by Edelstein. Ellman requested the budget for these
items be estimated and brought back for review. He also stated
his opinion that this mattar should be continued as there will
be a new Board of Supervisors at the first of the year who may
not be in support of this matter~ Aramburu then withdrew his
motion.
ANIMAL CONTROL AND ENFORCEMENT
Local Enforcement Program)
9
(Proposed
FILE NO: 1201
ACT10N: Recommendations
accepted ;
It was staff's recommenda'cions that Council support a Countywid~,
uniform curfew ordinance with two essential provisions included:
1) that curfew be applicable to all minors under the age of 18
years; and 2) that the cu:~few hour begin at 12:00 midnight.
Aramburu moved for acceptance of staff recommendations, seconded
by Edelstein. The motion failed by the following vote: Ayes: .
Edelstein, Aramburu; Noes: Ellman, Tayer, Ross. Aramburu then
moved that all curfew provisions be eliminated. The motion
failed fer lack of a second. Ross further moved to reconsider
the first motion to accept staff recommendations, seconded by
Aramburu, and passed by the following vote: Ayes Edelstein,
Ross, Aramburu; Noes: Ellman, Tayer
UNIFO~l CURFEW ORDINANCE (Recommendation
for Uniform Countywide Ordinance)
8
VII
OLD BUSINESS
It was suggested the P & R recommendations be listed and a
description be given as to whom these projects will benefit.
A final decision can then be made more quickly. Edelstein also
requested that cost estimates be included for each project.
Chairman Bergsund requested that Belvedere's suggestions be
included in this matter. Aramburu moved to continue the PUblic
Hearing to November 29, 1976 for further input from the P & R
Commission, seconded by Ellman, and Passed Unanimously.
CITY COUNCIL
HINUTRS
NO
425
November
r. _ ~_ _ r..
8
1976
B.
Mayor Tayer reported on the Joint City Council/Planning
Mayor Tayer reported orl a meeting with the Chairman of the
Fine Arts Commission, City Manager, and the Administrative
Aide. The Chairman was directed to give a report on the re-
mainder of this year's programs, and that next year's budget
be worked on and an amount be established for Belvedere's
participation 0
A.
Mayor Tayer reported on a meeting he had with Supervisor Price,
Sandy Kemp, Manager for Passenger Service of Harbor Carriers, aqd
the City Manager. He reported that the bicycle charge has been'
removed from the ferry service costs. Also, a brochure is being
published for publicity purposes and copies of this brochure wi~l
be given to the Council before distribution. Sandy Kemp
indicated he would consider the possibility of establishing
mid-day ferry service. Supervisor Price has inGiGatcd that he
is willing to function in a liaison capacity between the City
of Tiburon and Harbor Carriers.
HARBOR CARRIERS (Update Regarding
Improved Ferry Service - Mayor Tayer)
FILE NO:
ACTION:
4400
Report Received
16
FILE NO: 1040
ACTION: Continued to
December 13, 1976
The City Manager reported on a meeting with Supervisor Price,
Mayor Auerbach of Belvedere, Neill Smith of Marin Environmental
Cooperative, Al Aramburu, and the City Manager in which an
agreement was reached with Neill Smith in regard to the Recycling
Depot staying open on both Saturdays and Sundays, and accepting
clear glass and wine bottles. Aramburu requested staff submit
a resolution for adoption at the December 13th meeting giving
approval for funding $10 per month for the recycling services
RECYCLING DEPOT STATUS (Oral Repo~t by
Lands & Development Committee)
15
FILE NO: 4206
ACTION: Referred to
Planning Commission
After presentation by the Acting Director of Community Develop-
ment, Ellman suggested referring this matter to the Planning
Commission. It was requested that the Land Use Plan first be
developed before retaining consultants. Aramburu then moved
to refer this matter to the Planning Commission for their
comments on whether they feel it is the appropriate time to re-
tain consultants, seconded by Ross, and Passed Unanimously.
PARKING MANAGEMENT STUDY RECOr4MENDA-
TIONS (Public Servi~es Committee)
14
After discussior by Council, it was requested the merchants be
notifier=l and understand the street parking and striping pro-
posals were being--cons~'dered-'for a 60-day trial period. There-
tore, Ross moved to continue this matter to the November 29th
meeting, seconded,?y Aramburu, and passed by the fOllowing
vote: Ayes: Ross, Aramburu, Tayer; Noes-: Ellman, Edelstein.
DOt~TO~m MAIN STREET PARKING AND
STRIPING PROPOSALS (Public Services
Committee)
FILE NO: 4206
ACTION: Continued to
November 29 meeting
13
IX.
CITY COUNCIL COMMENTS AND COMMITTEE REPORTS
After presentation by the City Manager and discussion by the
Council, Ross moved staff be requested to send a letter to
P.G.& E. requesting information regarding cost estimates for
undergrounding along Tibu~on Boulevard from Rock Hill Road to
San Rafael Avenue, ana how many years in advance could the City
borrow against Rule 20 monies. Also, that the matter be
continued until this information and the comments and recommend-
ations from the Planning Commission and/or Board of Design
Review are received, seconded by Ellman, and Passed Unanimously
UNDERGROUNDING OF UTILITIES (Area Along
Tiburon Boulevard at McKegney Green)
FILE NO:
ACTION:
3054,
Matter
4500
continued
12
information is received,
Unanimously.
seconded by Aramburu and Passed
CITY COUNCIL MINUTES
NO
425
November
Page 5
8,
1976
1976
APPROVED:
ATTEST:
As there was no further business, the ~ouncil adjourned at 11:
p.~., to Monday, November 15, 1976, for a Joint City Council/
paiks and Recreation Commission Meeting
45
XIII
AD~OURNMENT
XII
E
CUTIVE SESSION
A list for peading agenda items
CITY COUNCIL SCHEDULE OF PENDING
AGENIJA ITEMS
was accepted by Council
FILE NO:
ACTION:
1023
Received
19
~b~ City Manager reported on the current status of the EIS for
t~~ ~~~lignm~n~ of Tiburon Bou1evardo He reported th~t the
~lj h~d been delayed again in Sacramento at the Office of
tb~ Director of CAL/TRANS. Apparently, there was som~ questiQn
i~/re9~rd to the alternatives expressed in th~ EIS. The Public
Hearing now appeared to be del~yed pcJe.s~ly until Ja~JI Pebruary
1977, with construction in 1978. Aramburu requested a letter '
b~ sent to Governor Brown and appropriate congressmen, senators,
and aesemblymen in regard to this matter.
TIBURON BOULEVARD REALIGNMENT PROJECT
(Oral Status ~~p<prt by City Man~ger)
FILE NO:
AC'fION:
4102
Report receiv~d
COMMUNICATIQNS,
-
1~
~:J:
REPORTS
T~e City Manager reported on the result of a $imulate4 Qi~aster
e~~rcise held o~ October 28, 1976. He reported that staff
will be working on a revised Di$~ster Plan for adQption by
Councii_ I,t was suggested that a Disaster Council be set up
campo$ed of local'cit~zenry
,
&
CI'fY
MAi~AGER ITEMS
. .
, .
EARTHQUAKE DISASTER EXERCISE (Review
of Simulated Disaster Exercise Held on
October 28" 1976)
FILE NO:
ACTION:
5009
Report Received
17
x.
STAFF REPORTS
Commission meeting held November 6, 1976. He requested that
another meeting be held the first of the year to discuss
the future direction of the Department of Community Develop-
~ent and how the workload is to be budgeted among Department
members. A report should then be received on this matter by
the end of January or February ,
CITY COUNCIL MINUTES
427
November
page 1
29,
1976
Chairman Parker also reported on the status of the Mill Valley
Arts Guild and that the Reed School District had changed the
rates for usage of the Old Tiburon School from $2.00 per stu-
dent to $3.50 per hour per room. Under these new circumstances,
the program will not be able to continue. Chairman Parker urged
Council to consider this problem for discussion.
FILE NO: 1030
ACTION: Report
Received
Chairman Hal Parker summarized a report on activities completed
to date by the Commission and activities anticipated for the
coming year. They are as follows: 1) a series of home music
programs held this fall were self-financed and successful:
2) music and dancers for Ayala Day were provided by the Commission
3) a joint-sponsored music series with the Congregational
Church is planned for January, February, and March 1977; 4)
a Film Festival is anticipated for next spring and the Commission
is attempting to negotiate with the Tiburon Playhouse to use
their facilities. So far, they have been unsuccessful in reach-
ing an agreement. Aramburu suggested the Mayor write a letter
to the owner of the Playhouse in regard to this matter; 5) the
Commission is attempting to pass a set of guidelines for public
use; 6) a new home series of recitals are planned for January 30
late February, and late March 1977; 7) a musical is planned with
participation from Tiburon residents and amateurs to be per-
formed April 28, 29, & 30. The Mayor requested a recommenda-
tion be received from the Commission at the next regular Council
meeting on various types of expenditures being proposed by the
Commission; 8) the Commission is working on a collection of
books written or published by Tiburon Peninsula residents to be
available to the public in the Public Library.
1
FINE ARTS
COMMISSION
(Chairman Hal
Parker
)
III
COMMISSION REPORTS
#425 - It was requested the spelling of "errored" be changed to
"erred" under Item 6, paragraph 1, line 4. Ellman moved for
approval of Minutes #425, seconded by Ross and Passed Unanimously
#424 Under Item 1, line 2, it was requested ". . .to the
ers . . ." be deleted. Under Item 3, paragraph 2, line 1,
the word "appointed" to read ". . .Committee was appointed
serve. . .". Aramburu moved for approval of Minutes #424,
by Ross, and Passed Unanimously.
develop-
add
to
seconded
#418 - Edelstein moved for correction of Minutes #418 to reflect
the changes as described under Approval of Minutes in Minutes #425,
seconded by Ellman, and Passed Unanimously with Aramburu abstaining
Ellman moved to approve Minutes #418 as corrected, seconded by
Ross and Passed Unanimously with Aramburu abstaining
II
APPROVAL OF MINUTES
R. L. Kleinert,
of Public Works
Acting Director
Chief of Police
t-1inutes Clerk
;
City Manager; L. Brunini, Superintendent
S. Bala, City Engineer; M. McCart,
of Community Development; M. Manick,
R. Conn, City Attorney; C. Grow,
EX OFFICIO
ABSENT
None
PRESENT
COUNCILMEN
Ellman
,
Edelstein
,
Ross
,
Aramburu,
Tayer
I
The regular adjourned meeting of the City Council of the City of
Tiburon, State of California, was called to order by Mayor Tayer at
7:47 p.m. on Monday, November 29, 1976, in the City Council Chambers
ROLL CALL
CALL TO ORDER
CORRECTED
CITY OF TIBURON
CITY COUNCIL MINUTES
November 29,
Page 2
CITY COUNCIL MINUTES
Ross made a substitute motion to refer this matter back to the
Planning Commission with particular attention to the density,
seconded by Edelstein. The motion failed by the following vote:
Ayes: Edelstein, Ross Noes: Ellman, Aramburu, Tayer
427
1976
After some discussion, Ararnburu moved to pass first reading of
the Ordinance, seconded by Ellman. Edelstein moved for amendment
to the Ordinance to change the RPD-3 provision to RPD-l, seconded
by Ross, and the motion failed by the following vote: Ayes: Ross
Edelstein; Noes: Ellman, ~~, Aramburu, Tayer. It was stated
that there was a need for consistancy in regard to this matter
between the Planning Commission and the County of Marin
The Acting Director of Community Development requested 'II be
deleted from paragraph 3, page 1, of the draft Ordinance.
Ellman moved to open the Public Hearing, seconded by Ross, and
Passed Unanimously. Mr. Robert Goetz, developer of Ring Mountain,
requested the City prezone Ring Mountain in consistance with the
current County zoning of the area. As there was no further
public comment, Aramburu moved to close the Public Hearing,
seconded by Ross, and Passed Unanimously. Aramburu then moved
the Ordinance be read by title only, seconded by Ellman, and
Passed Unanimously.
PREZONE OF RING MOUNTAIN
Reading)
FILE NO: 3013
ACTION: 1st Reading
of Ordinance Passe~
9
(Ordinance
After review of the draft Ordinanc~, Aramburu requested clarifi~
cation of "c" Erosion Control and asked that examples be incJ.nd.$d
to show what kind of measures of control this would entail.
Ellman moved to open the Public Hearing, seconded by Ross, and
Passed Unanimously. Since there was no public comment, Ross
moved the Public Hearing be closed, seconded by Aramburu, and
Passed Unanimously. Ararnburu then moved the Ordinance be read
by title only, seconded by Ellman, an''! Passed Unanimoasly 0
Aramburu further moved to ?ass first reading of the draft Ordin~nce,
seconded by Edelstein. Ellman requested Section 2 of the Ordin4nce
be deleted and Ross moved "E" of page 2 be deleted, seconded by
Ellman and Passed by the following vote: Ayes: Ellman, Ross,
Tayer; Noes: Edelstein, Aramburu. After further discussion,
first reading of the Ordinance was Passed by the following vote
Ayes: Ellman, Edelstein, Aramburu, Tayer; Noes: Ross
1st
AMENDMENTS TO
(Adding RPD-3
ZONING ORDINANCE NO. 9 N
Ordinance - 1st Reading
.
)
FILE NO: 3013
ACTION: 1st Reading
of Ordinance passeq
8.
S
VI.
PUBLIC HEARINGS
3.
4.
5.
6.
7.
PROHIBITIVE PARKING - CENTRO WEST (From Raccoon Lane to
Centro West - Resolution No. 868)
SET PUBLIC HEARING (Noise Element of General Plan)
DEVELOPMENT ADMINISTRATORS QUARTERLY REPORT (Third Quarter
CHRISTMAS TREE LOT (Permit for Shark Lions Club)
SENIOR CITIZENS PROGRAM (Joint Powers Agreement with County of
Marin)
1807
Aramburu moved for adoption and approval of the Consent Calendar
consisting of the following items seconded by Ross, and Passed
Unanimously:
v.
CONSENT CALENDAR
The City of Tiburon was awarded second place in the Employees
Safety Award Contest conducted each year by the State Compensa-
tion Insurance Fund and the League of California Cities.
EMPLOYEES SAFETY AWARD (Presentation
by State Fund/League of California
Cities Representative, Gwen Neary)
FILE NO
ACTION:
by City
: 1009
Award Received
IV
2
PUBLIC QUESTIONS AND COMMENTS
November
:0 a (\~ -:.
CITY COUNCIL
Ellman presented a status report on State legislation-by Senator
Omer Rains proposing prohibition of" sal.e-of-non.:-returnable bot-
tles, and requested a letter be written to Senator Behr and
Assemblyman Wornum requesting them to co-author state legisla-
tion again on this matter. Neill Smith, Marin Environmental
MINUTES
427
29
1976
BEVERAGE CONTAINER DEPOSIT ORDINANCE
(Memorandum from Councilman Ellman)
FILE NO
ACTION:
1040
Report Received
17.
IX.
CITY COUNCIL COMMENTS AND COMMITTEE
CAHN/LEWIS PROJECT (Adjustment of Lot 9) FILE NO: 27609
ACTION: Resolution
#870 Adopted
Ellman moved for adoption of Resolution No. 870, removing Lot 9
of the Miraflores Project from Phase I to Phase II, seconded by
Aramburu, and Passed Unanimously.
REPORTS
13
Aramburu moved that Council rank in order of priority which
projects they would like to be considered for funding under
the HCD Act, and that the Parks & Recreation Commission submit
a more complete ranking of projects, seconded by Ellman. It
was further requested the Parks & Recreation Commission indicat~
a specific project in Richardson Bay Lineal Park which they
would like to be considered for funding. Frances LiChtenberg,
representing the Lyford's Cove-Old Tiburon Property Owners
Association, stated their support of the Planning Commission's
recommendation for the purchase of the Old Tiburon School
for a recreation building/community center as #1 priority.
Roccc Fazio, President of the Lyford Cove-Old Tiburon Property
Owners Association, suggested an appropriate use for funding
would be to undertake a planning activity which would include
seeking out other financing of funds for projects. Question
was called and the motion Passed Unanimously.
HOUSING AND COMMUNITY DEVELOPMENT
(Selection of Third Year Project)
FILE NO: 3058
ACTION: Continued to
December 13, 1976
12
ACT
FILE NO: 4206
ACTION: First Reading
of Ordinance Passed'
and Resolution #869
Passed
Several merchants stated their support of the proposed parking
enforcement and passenger zone installation along Main Street.
Ellman moved the Ordinance be read by title only, seconded by
Ross, and Passed Unanimously. Ross further moved to pass first
reading of the Ordinance, seconded by Ellman and Passed Unanimoup
Edelstein then moved to pass Resolution No. 869 creating a '
three-way stop at the intersections of Tiburon Boulevard,
Paradise Drive, and Main Street, seconded by Aramburu, and
Passed Unanimously.
DOWNTOWN MAIN. STREET IMPROVEl1ENTS (Instal-
ling New Passenger Zone and Enforcement -
Ordinance, 1st reading & Resolution)
,
....
~
11
The City Engineer submitted plans for the proposed walkway
and requested Council's approval of the plans. A Tiburon
resident, Mr. Roger Schmalz, inquired as to parking lanes
being installed next to the walkway and whether lighting could
be installed in the vicinity. Ross recommended the matter of
lighting be referred to the Traffic Safety Committee for their
recommendations at the next Council meeting. Aramburu then
moved to accept staff recommendations, seconded by Ellman, and
Passed Unanimously.
PARADISE DRIVE WALKWAY (Review
Recommendations by City Engineer/
Planning Commission)
FILE NO: 75-T-04
ACTION: Recommendations
accepted and referred to
Traffic Safety Committee
for input on lighting.
10
VII
OLD BUSINESS
Question was called and first
Passed by the following vote:
Tayer; Noes: Ross
reading of the Ordinance was
Ayes: Ellman, Edelstein, Aramburu
B
The City Manager read a letter from the Department of
portation indicating the planned installation of bus
. .
CITY COUNCIL
The City Manager submitted two resolutions for approval by
Council for application for Public Employment Act funds for
the Paradise Drive Walkway and the Downtown Drainage project~
Ross moved for adoption of Resolution No. 871 approving the
application for funding for the Paradise Drive Walkway,
seconded by Ellman, and Passed Unanimously. Ross further
moved for the adoption of Resolution No. 872 approving the
application for funding for the Downtown Drainage Project,
seconded by Aramburu, and Passed Unanimously.
MINUTES
427
November
Page 4
Trans-
stops at
29. 1971;
A
McNAUGHT PROPERTY
McNaughts to City
(Correspondence from
Council)
FILE NO: 6100
ACTION: Correspo~~
ence Received
19
FILE NO: 3053
ACTION: Referred
City Attorney for
Revision
After review and discussion of the suggested revisions of the
agreement as drafted by the Deputy City Attorney, it was
requested a provision be added which would include indemnifi-
cation for those activities under the sponsorship of the
District. Aramburu moved for approval of the addition by the
City Attorney of the suggested indemnification provision to ~
the agreement, seconded by Ellman, and Passed Unanimously.
TAM HIGH SCHOOL DISTRICT AGREEMENT
(Revised Agreement for McKegney Green
Funding Assistance)
T"
18
XI
COMMUNICATIONS
MASTER SALARY PROGRAM
ified Salary Schedule
Salary Program)
FILE NO: 1000
ACTION: Supplement
to Resolution #844
Adopted
Aramburu moved to accept staff recommendations to adopt the
Basic Salary Range Schedule for Management, Mid-Management,
and Unclassified Personnel as part of Resolution No. 834.
Aramburu further moved ~hat performance evaluations should h~
performed at least once a year for all employees; and all
salary adjustments, as made by the City Manager, shall be
accompanied by a performance evaluation; seconded by Ellman,
and Passed Unanimously.
,
REPORTS,
&
CITY MANAGER
(Management/Unclass-
Supplement to Master
ITEMS
16
Ross moved for adoption of a Resoluti.on recommending the
installation of fire detection systems in historic buildings,
seconded by Aramburu. Ellman recommended mor~ ~Cg~Yi~g~~~ging
taken to protect historic buildings than just^f~re detectiv~_
systems. Mayor Tayer recommended this matter be referred to
the Public Services Committee and that they meet with the
Tiburon Heritage Advisory Committee to decide further recom-
mendations on the protection of historic buildings and landmarY~
He also requested that the Fire District's recommendations be
considered. Ross then withdrew his motion.
FIRE DETECTION SYSTEMS FOR HISTORIC
BUILDINGS
FILE NO: 1035
ACTION: Referred to
Public Services
Committee
15
FILE NO: 3058
ACTION: Continued
January 10 .
In order for the Planning Commission to receive more informa-
tion on the selection of a project for funding under the
Housing Assistance Program, it was requested by staff that
this matter be continued to the January 10, 1977, regular
City Council meeting.
.J-......
14.
SELECTION OF HOUSING ASSISTANCE PROJECT
VIII
NEW
BUSINESS
Cooperative, requested that legislation recommending the
prohibition of sale of non-returnable bottles be passed firsr,
on a Countywide and local level before going to the State.
,
CITY COUNCIL MINUTES 427
November 29,
n~".......... c:
1976
December 13,
1976
APPROVED:
.
City
ATTEST:
As there was no further business, Council adjourned at 11:40 p.m
Monday, November 29 1976, sine die.
,
XIII
ADJOURNMENT
Council adjourned to Executive Session to discuss pending litigation
of open space matters.
XII
EXECUTIVE SESSION
Mayor Tayer announced the resignation of Suki Sennett from the
Fine Arts Commission and stated there would be two more vacanqies
on the Commission in January. Martha McCart also stated each.
city was requested to appoint an alternate delegate immediate~y
to the Residential Development Review Board :
E
Mayor Tayer requested Council confirmation of the appointment
of Marilyn Price to the Parks & Recreation Commission. Aramburu
moved for approval, seconded by Ross, and Passed Unanimously. '
D.
The City Manager reported on a recent meeting with the City
Engineers, Superintendent of Public Works, and the McKegney
Green Contractor, Phil Bortolussi, concerning a problem of
water pocketing in the corners of McKegney Green. He stated
that authorization was given tothe Contractor for immediate
correction of the problem at an additional cost of $2600 -
$2800, as this work was not part of the original contract.
C.
Ned's Way and the provision of space for future passenger
shelters. Council was requested to review the plan. The
design of the bus shelters will subsequently be sent to the
Board of Adjustments and Review
December 13,
Page 1
1976
(e)
CITY COUNCIL MINUTES
A list of projects for consideration under the Marin Local
Assistance Program have been considered by the Commission,
and they have chosen Richardson Bay Lineal Park as first
priority
#428
Tentative activities, facilities, etc., and their relation-
ship to one another are being considered by the Commission
Cost estimates for these items are also being discussed.
Cd)
They have been holding workshop sessions in regard to
facilities for consideration in the Richardson Bay Lineal
Park.
(c)
The Co~~ission is presently preparing a P & R Master Plan
to be ready for Council's review by the end of January 1977
(b
The Commission voted on approval to send out a new question-
naire to the community in regard to parks and recreation
facility usage in general.
(a)
Chairman Berg gave an update on items being considered or com-
pleted by the Commission. They are as follows:
2
PARKS
&
RECREATION COMMISSION
(Chairman Peter Berg)
IV
COMMISSION
Mr. James Murray gave a review of the wastewater management
program in Southern Marin for the past six years; John Schulte
presented several proposals for wastewater disbursement being
considered by the Southern Marin Regional Sewage Agency.
Environmental reports are being prepared for the various pro-
posals and will be followed by public hearings. Aramburu
requested Mr. Schulte discuss with staff any proposed changes
that may occur in regard to the Sanitary District #5 property
in Tiburon. An update on the status of this matter will be
given at a later meeting.
REPORTS
1
SOUTHERN
MARIN REGIONAL SEWAGE AGENCY
(Manager John Schulte)
III
PUBLIC QUESTIONS
#427 - On page 2, Item 9, paragraph 2, change Ross's vote from
"No" to "Aye". Page 4, Item 15, line 4, add the following phrase
after the word "just": "...weak statement urging...". Aramburu
moved for approval of Minutes #427 as amended, seconded by Ross,
and Passed Unanimously.
AND COMMENTS
#426 - Minutes #426 were continued to the regular meeting of
January 10, 1976, for approval.
II
APPROVAL OF MINUTES
R. L. Kleinert, City Manager; L. Brunini, Superinten-
dent of Public Works; S. Bala, City Engineer; M. McCart,
Acting Director of Community Development; M. Manick,
Chief of Police; R. Conn, City Attorney, B. Brown,
Administrative Aide: C. Grow, Minutes Clerk
EX OFFICIO:
ABSENT
None
PRESENT
COUNCILMEN:
Ellman
,
Edelstein
,
Ross,
Aramburu,
Tayer
I
The regular meeting of the City Council of the City of Tiburon,
of California, was called to order by Mayor Tayer at 7:40 p.m.
Monday, December 13, 1976, in the City Council Chambers.
ROLL CALL
State
On
CALL TO ORDER
CORRECTED
CITY OF TIBURON
CITY COUNCIL MINUTES
Decc;mber 13,
Page 2
C :L =:L-::-
The Acting Director
and again expressed
consistant with the
Mountain, t';hich if:
moved -to op~n .t:l.~
Unanimously.
COLKCl
~-1INUrES
#428
1976
AMENDHENTS TO
(Adding P~D- 3
ZONING ORDINANCE NO. 9 N
Crdina~lce - 2nd Reading
.
)
7
s
(c)
65
This i tern ,,"::tS continued to January 10, 1977 for compliance
as the owners have indicated their driveway would be paved
around January If 1977.
Round Hill
Road has
been p3.ved
,
(b)
125 Solano
It ~~as the ntaff' s recoIffiuendation that pavement of this
driveway be d~ferred until the time of development of the
surrounding properties. Mr~ Marinko has paved his portion
of the driveway..
(a)
95 Ronnd
Hill Road
'. --
FILE NO: working
ACTION: Report Re-
ceived and Action
Continued.
6
ABATEHEN'r or
UNPAVED DRIVEWAYS
Resolution
VI
PUBLIC HEA.RINGS
3
4
5
JOINT EEIVEDEIlI~/=:i:IEf..F~ON
Fifth Corr.~'Jitt.e8 i.Ic:t:bc:,:,)
REVISED PERJCNN:2L !rJL~S
Comment)
RESIDENfl'IAL DEVELOTMEF~T
ment of IiyE~_ll r:=J.p)
~~EVIE\v
BOARD
{Proposed Sausalito
Amend-
&
REGULI1.rrIONS
(Submitted for Review and
F-~C=~.Eli'::;::'ION COMMI~TEE
Aramburu moved fer 2.l?pro-v-.:l:'. Df Jche CO:lsent calendar, consisting of
the follovJ:Lng i tc:1.S, f.:econdej by Foss, and Passed Unanimously.
FILE NO: 97602
ACTION: Ordinance
178 N.S. Passed
of Community Development presented this item
s tc:~f f 's recommendation that the City remain
County in regard to the zoning of Ring
EPD..3 i:'~t one unit per ten acres. Aramburu
Public Hea~ing, seconded by Ross, and Passed
(Appointment of
v
CONSENT CALENDAR
Other v~c~~cie~ ~nti,ci?ated in March 1977 are: Three appoint-
ments expire on t~1e He:r.:it:ag8 l:.dvisory Co:mmittee, two appoint-
ments on ~he DJ~rd of Adjustm~ntG & Review, and two appointments
on the J'oi.nt: T:'~c;:i:'2~Jci()n CCl111Ltit.tee
A.
to express
Council's
appreciation
for service
and
Mayor Tayer announced .Ic~,!c resigr.ations from City commissions:
1) Suki Sennett. from thE~ :?ine Arts Com~l1ission, 2) Al Kuhn from
the Planning Corili~ission. Ed8lstein movedAfor acceptance of
these resignation3, seconded by Ellman, and Passed Unanimously
The C;...ty of Belvedc::re ap::?oin'tcd Lee Barish to fill Sennett's
Fine Arts Co~:nission positicn, and Pat Norman and Muffin
(Marilyn) Nelson were appointed by Mayor Tayer to fill the
remaining t:vJO vacancies 0:1 the Fine Arts Commission, effective
January 1977. Jum~n M2aley was appointed to fill Kuhn's
vacancy on t:v~ Plann:1.l1.g CC:T.i.i1ission. Ross moved for acceptance
of the~~e th::-ce ,PFoirl't,~~:en'l8 ::;E.:con:led by ~11m2.n, and Pe.ssed
Unar.,imous 1y .
The P ~ R Commission
specify which project
would like conside=cd
~as also again requested by the Council to
within the Richardson Bay Lineal Park they
for ~rUD Ft:nding.
The Joint Recrc::tion Committee has prepared a resolution
for review at the December 16, P & R Commission Special
Meeting, outlining the Joint Committee's responsibilities
and functions. This resolution vli1l be submitted for
Council's review in January.
(g
(f
The Commission is currently studying the feasibility of
bicycle storage facilities for the ferry terminal and down-
town areas.
December 13,
Page 3
10
#428
BOARD OF ADJUSTMENT & FILE NO: 57613
Associates - 1501 Tiburon ACTION: Recommenc
tions to deny
appeal accepted.
After presentation of this item, Ross moved to open the Public
Hearing, seconded by Ellman and Passed Unanimously. Mr. Tom
Nowell, applicant, spoke :',n defense of the sign and stated he
did not feel the colors of the sign were offensive and unattract-
ive, and he gave reasons for the "untidy" condition of the
grounds. Jim Wilson, Chairman of the Board of Adjustments and
Review, stated the issue was in that the applicant had failed
to pomply by not being present for hearings on the matter, and
therefore should be denied approval of the sign. As there was
FILE NO: Working
ACTION: Continued
to January 24, 1977
The possibility of adopting a Joint Noise Element with Belvedere
was discussed, since the noise sometimes effects both communities
The Acting Director of Community Development was requested to
research this matter. F~oss ffiaved t.o ,)pen the Public Hearing,
seconded by ArambLru, a~d Passed Unanimously. Mr. Gary Gray
suggested this matter be reviewed by the Parks & Recreation
Commission in regard to noise from recreational activities.
Chairperson Joan Bergsund of the Planning Commission stated her
opinion that a noise ordinance of this type was not needed by
a community of Tiburon's size. Ellman moved to close the Public
Hearing, seconded by Aramburu, and Passed Unanimously. Mayor
Tayer then suggested a joint meeting be held with the Planning
Commission, staff, and a Committee of the Council to work out
the differences in the Noise Element. It was also requested
this matter be referred to the Parks & Recreation Commission
for their comments. Mayor Tayer appointed Aramburu and Ellman
as the Noise Committee, with Aramburu as Chairman. After
further discussion, Aramburu moved to continue the Public Hear-
ing,to January 24, 1977, seconded by Ellman, and Passed Unani-
mously
CITY COUNCIL MINUTES
APPEAL OF DECISION OF
REVIEW (Sign - Nowell
Boulevard)
1976
9
NOISE ELEMENT OF
FILE NO: 3013
ACTION: Ordinance
179 N.S. Passed
After presentation by the Acting Director of Community Develop-
ment, Ross moved to open the Public Hearing, seconded by Aramburu
and Passed Unanimously. Mr. Rampton Harvey stated his agreement
in zoning the area consistant with the County; however, he felt
an exact zoning structu~e should be set up immediately after.
Councilman Ellman suggested a meeting be held with the County
Counsel, City of Corte Madera, and City of Tiburon to discuss
a joint powers agreement and to obtain their input in regard
to this matter. Ross moved to close the Public Hearing,
seconded by Aramburu, and Passed Unanimously. Aramburu moved
the Ordinance be read by title only, seconded by Ellman, and
Passed Unanimously. Ellman then moved to pass second reading of
Ordinance 179 N.S~, seconded by Aramburu, and Passed by the
following vote; Ayes: Ellman, Edelstein, Aramburu, Tayer;
Noes: Ross. Aremburu requested staff immediately begin working
on a struct'~red zoning plan of Ring Mountain.
GENERAJ.J
PREZONE OF RING MOUNTAIN
Reading)
PLAN
Eesolution
)
8
(Ordinc:~nce
Ross moved to close the Public Hearing, seconded by Aramburu,
and Passed Unanimously. Aramburu then moved the Ordinance be
read by title only, seconded by Ellman, and Passed Unanimously
Ellman moved for passage of second reading of the Ordinance
178 N.S. amending Ordinance 9 N.S., seconded by Aramburu, and
Passed Unanimously.
2nd
Mr. Gary Gray stated concern over whether the proposed zoning
ordinance would protect archeological monuments on Ring Mountain
and stated that areas should be designated where development
is not to occur. The Acting Director stated that the RPD-3
ordinance does not deal just with Ring Mountain, but that the
provisions of the Tiburon zoning Ordinance were sufficient to
protect archeological resources. The City Atorney stated that
specific guidelines were included within the proposed ordinance
and i~ the Master Plan for Ring Mountain.
December 13
j-' ,'g'~ 4
CI'l'Y
JOINT BEL/TIB AGREEMENTS
and Tennis Courts)
~o
FILE NO: 3053,3061
ACTION: McKegney
Green Agreement
accepted. Tennis
Courts continued.
In regard to the McKegney Green Agreement, it was requested
the wording of Item 3 be amended by the City Attorney to read:
"The Joint Recreation Conuni !ctee \"]ill rccV!Lul1end rules, regula-
tions, and schedules to the Tiburon City Council for approval
and adoption.t1 Aramburn th.:;n moved the Mayor be authorized to
execute the McKegney Green Agreement as amdnded, seconded by
E'1CIL NINn~:ss
#,~
28
1976
14
The above projects will
Committee on Janua~y 6,
(McKegney Green
be considered by the Priority Setting
1977, and January 13. 1977.
It was requested by Ardmburu that input from the Hi1arita resi
dents be received by Janua~y 10, 1977, in regard to tennis
courts being constructed adjacent to their housing project. The
P & R Commission was also requested to pursue a stronger posi-
tion in their recommendations in regard to Richardson Bay Lineal
Park improvements.
1
2
3
Improvements to Richardson Bay Lineal Park
Development of Tennis Co~rts Adjacent to Hilarita
Housing Projec"t
Improvement of from
Stone Tower to
Si6ewalk along Paradise Drive
Sole.no Avenue
FILE NO: 3058
ACTION: Priorities
Accepted
After extensive discus3ion by Council, the following projects
were selected in order 0= priority for consideration for fund-
ing under the :Iousing and Corr~anity Development Act Block Grant
Program:
HOUS ING AND COr.rnUiJITY DEVELO?I'-lENT
(Selection of Third Year Project)
13
12
ACT
FILE NO: 3053
ACTION: Continued
to January 24, 1977
It was recommended thi3 it8m be continued since the Joint
Recreation Committee had not had time to review this matter.
Mayor Tayer was authorized to establish a date for the dedica-
tion ceremonies of ~cKegney Green and was requested to write
a letter to Ccng~cs3man Burton requesting his attendance at
the ceremonies. rrl1is mat':.er ",vas contint~~d to the January 24
1977 regular City Councii meeting.
RULES AND REGULATIONS FOR McKEGNEY GREEN
(Joint Recreation Committee Recomr~endations
Police Chief Manick presented this item and stated the enforce-
ment of the new passenger zone \~ould go into effect December lq
1976, and would continue through the following ten weeks. He
also stated fliers would be sent to all downtown Merchants
explaining the p~ogram. Ross rroved to read the Ordinance by
title only, seconded by Aramburu and Passed Unanimously. Ellman
then moved to p~3S second reading of O~dinance 180 N.S., seconded
by Ross, and Passed Unanimously.
DO~iNTOWN 14AIN STREET :MPROVEHEN'I'S (Installing
New Passenger Zone and E~..forceH;,8nt - O!:din-
ance, 2nd Reading)
FILE NO
ACTION:
180 N.S
4206
Ordinance
Passed.
11
VII
Recess was called at 10:08 p.m.,
roll call standing as originally
OLD BUSINESS
with Council reconvening at 10
noted.
20
p.m
,
/
RECESS
no further public. conunent, Ellllla!l moved to close the Public
Hearing, seconded by Aramburu, and Passed Unanimously. Ross
stated he felt it was wrong to make any reference to the con-
dition of the grounds of the applicant's property as this was
not the issue. Ellman then moved for approval of staff's recom-
mendation, seconded by Ross, and Passed by the following vote:
Ayes: Ellman, Edelstein, Ross, Aramburu,; Noes: None; Absten-
tion: Tayer.
1
R
APPROVED
:)
~.
I
()
December 13
PC'.ge 5
1976
As there
Tuesday,
was no further businc~s Council adjourned at 12:10 a
December 14, 1976, sine die.
.m
XII
ADJOURNMENT
A
B
C
The City Manager referred to a letter from Assemblyman Wornum
in regard to his co-authoring legislation on the prohibition of
sale of non-returnable bottles.
A letter from PG&E ~las also received in regard to underground-
ing costs along Tiburon Boulevard.
Edelstein requested the City Manager have flyers distributed
indicating the free bus service for ferry commuters.
XI
COMMUNICATIONS
Ross moved this item be ta.bled, seconded by Ellman, and Passed
Unanimously. After some discussion, Ross moved to bring this
item off the table, seconded by Ellman. Ross further moved to
continue this matter to the first meeting in January, seconded
by Ellman and Passed Unanimously.
REPORTS
&
CITY MANAGER
ITEMS
STREET LIGHTING ALONG P1\PADISE DRIVE
(Oral Report by Traffic Safety Commit-
tee Chairman
FILE NO
ACTION:
January
4105
Continued to
10, 1977.
18
Ross moved this
Unanimously.
item be
COMMUNITY BENCHES (Recommendations by
P & R Commission and Staff)
tabled
seconded by Ellman,
FILE NO
ACTION:
1070
Tabled
and Passed
X
17
STAFF REPORTS
Members of the H8ritage Advisory Committee will be meeting with
the lessee of the Donohue Building to discuss ~=ee&~~~~ea
~=a=~~~=~~~ fire protection of this historic landmark
C
Aramburu requested the
submitted ~y the ? & R
Meeting.
status of the Per-Course proposal be
Cammission at the next City Council
B
Ellman reported on
December 8 c:nd 9,
'l:he
1976
A
Tax Revenue Conference held in Sacramento
IX
CITY COUNCIL COMMENTS AND COr.~1ITTE~ REPORTS
FILE NO: 1017
ACTION: Report
Received.
Council received the City Tre&surer's corrments and recommenda-
tions in regard to utilizing the Savings and Loan Institutions
for deposit and investment of City reserve funds. No action
was required on this ite~.
CITY TREASURER HECONIvlENDATIONS
of Reserve Funds)
16
Investment
CITY MONTHLY FINANCIAL STATEMENTS (Review FILE NO: 2090
of New Computer Financial Statements) ACTION: Continued
to January 10, 1977
Council requested this item be brought back for discussion at
the regular City Council meeting of January 10, 19770
15
VIII
.
NEW BUSINESS
Ellman,
In regard to the Tennis Courts Agreement, after lengthy discus-
sion in regard to suggested amendments, it was moved by
Edelstein, seconded by Ellman to continue this matter tin order
for the City Attorney to work out discrepancies in the wording
of the Agreement. The motion passed by the following vote:
Ayes: Ellman, Edelstein, Ross, Tayer; Noes: Aramburu.
and Passed Untlnimously