HomeMy WebLinkAboutTC Min 1977 (January thru May)
l-iOTION
Moved
Vote:
Approval of Appointment of Roger Levy to the
Board of Adjustments and Review.
Ellman, Seconded by Ross
Unanimous
Mayor Tayer also requested approval of the appointment of Roger
Levy to the Board of Adjustments and Review.
NOTION
Moved
Vote:
Approval of Appointment of Gerald Elbert to
the Planning Commission.
Ross, Seconded by Ellman
Unanimous
-.
Mayor Tayer announced the resignation of
Planning Commission and appointed Gerald
Willys
Elbert
~vagner from the
to fill the vacancy.
IV
APPOINTMENTS TO BOARDS AND COMMISSIONS
Gene Marans inquired when the matter on community benches was to
be agendized. Ross requested this matter be agendized at the
January 24, 1977 City Council meeting.
A.
Chairman Barish then requested a resolution of
for a joint fnnningwith Belvedere for support.
intention be consider~d
That the City of Tiburon encourage the Marin County
Board of Supervisors to complete the recent expansion
project by funding the purchase of equipment for microfilm
system, periodicals, and other items.
3
That Tiburon endorse the community fund raising effort
during National Library Week in April.
2
That Tiburon fund two-thirds of a total amount of $4
for book requisition and library improvements.
1
Chairman Barish requested Council's consideration of the following
three items:
I
000
LIBRARY ADVISORY COMMITTEE
(Joe Barish
,
Chairman)
III
PUBLIC QUESTIONS AND COMMENTS
~428 - On Page 2, A", Line 3, change to read "Edelstein moved to
express Council's appreciation for service and for acceptance of
their resignations. If ..page 5, IX "Cn; _line 2,. after "discuss", delete
the remainder of the sentence and add the following phrase: "...fire
protection of this historic landmark." Ellman then moved for
approval of Minutes 1428 as amended, seconded by Aramburu, and
Passed Unanimously.
#426 - Aramburu moved Minutes #425 be approved,
and Passed U4nnimou~ly.
II
APPROVAL OF
r.lINUTES
seconded by
Ross,
R. L. Kleinert, City Manager; L. Brunini, Superintendent
of Public Works; J. Strandgaard, City Engineer; M. McCart,
Acting Director of Community Development; M. Manick, -
Chief of Police; R. Conn, City Attorney, B. BrOt~,
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, January 10, 1977, in the City Council Chambers
ROLL CALL
Tiburon,
:45 p.m.,
.
State
on
CALL TO ORDER
~
CORRECTED
CITY OF TIBURON
CITY COUNCIL MINUTES
':-4'#":;"'.;~'!7-:<->:!'-'C"':'1?:,:~,..t~i~"~[~' ,-rpt_tt'~~"~1- ~~: ~..':1 "J'"
~"
CITY COUNCIL MINUTES
MOTION
Moved
Vote:
After further discussion, Ellman moved to continue the Public
Hearing, seconded by Edelstein, and Passed Unanimously. Aramburu
then requested more graphic displays of the visual impacts of th~
proposed Home Savings and Loan Building and that parking be more~
clearly defined and the traffic impacts it will have. Edelstein~
requested that reference to the Circulation Element be included
in the project. The Acting Director of Community Development
requested the Council to submit their comments to either the
Lands and Development Committee or to her by the end of the week
#429
That the EIR be continued to February 14, 1977
Council meeting and referred to the Lands &
Development Committee for their report and
recommendations.
Ellman, Seconded by Ross
Unanimous
January
Page 2
10
1977
FILE NO E-7600l
ACTION: Continued to
2/14/77. Referred to
the Lands & Development
Committee.
After lh8 Council raised several questions concerning density
and the measurement of allowable areas for development in down-
town Tiburon, Aramburu moved the Public Hearing be opened,
seconded by Ellman, and Passed Unanimously. Mr. Donald Greenfield,
Secretary of the Belvedere Lagoon Homeowners Association, stated
concern over whether the drainage for this project would be car-
ried to Raccoon Straits for disbursement and requested assurances
that it would not be carried to the Belvedere Lagoon. He was
told the matter of drainage would be discussed at the Master
Plan stages and that it was inappropriate at this time to ~
~i~_ reach a conclusion on the drainage solution.
ZELINSKY DOt~TONN EIR (Request
Certification - Resolution)
8
for
VI
PUBLIC HEARINGS
MOTION
Moved
Vote:
The Agreement as Modified be Executed and
Forwarded to the City of Belvedere.
Aramburu, Seconded by Ross
Unanimous
FILE NO: 3061
ACTION: Agreement
Executed
It was requested this item be moved up on the agenda in order
to expedite the agreement in time for Belvedere's consideration
this same evening.
JOINT BEL/TIB TENNIS COURTS AGREEMENT
(Consideration of Revised Agreement)
II
2
3
4
5
6
7
.
.
.
.
DEVELOPMENT ADMINISTRATORS
NOTICES OF COMPLETION
a. MCKegney Green (Resolution No. 873)
b. Lyford Drive, Round Hill Road, ~~ Hill Road,
West (Resolution No. 874) ara
PARKING MANAGEMENT STUDY (Planning Commission Recommendations)
SETTING DATE OF PUBLIC HEARING (Designation of Lyford Stone
Tower)
FEDERAL AID TRAFFIC SAFETY FUNDING (Agreement)
AUDUBON SANCTUARY (Execution of Lease by the City and Audubon
Society)
and Mar
Moved
Vote:
Ararnburu,
Unanimous
QUARTERLY REPORT
(Fourth Quarter
)
Seconded by Ross
MOTION
It was requested
placed with Item
1.\1anager Items.
Item
"E"
Adoption of the Consent Calendar as follows
1 be removed from the consent calendar and
under XI Communications, Oral Reports, and City
V.
CONSENT CALENDAR
There are still two vacancies on the Board of Adjustments and
Review, one vacancy on the Residential Review Board, and two
vacancies on the Heritage Advisory Committee. Appointments will
be made at the January 24, 1977 Council meeting.
CITY COUNCIL
MOTION
Moved
Vote:
MINUTES
To refer this Matter to the City Attorney
and for him to Redraft a Resolution in
Accordance with those Provisions of the Joint
Powers Agreement.
Aramburu, Seconded by Ellman
Unanimous
#429
January 10
Pa~f(~ 3
1977
JOINT BEL/TIB RECREATION COMMITTEE FILE NO: 6201
(Outline of Committee Responsibility ACTION: Referred to City
and Functions) Attorney
The City Attorney stated he felt there were discrepancies betweep
the original Joint Powers Agreement between the City of Belvedere
and the City of Tiburon, and the Joint Recreation Committee's
Resolution No. l, which was passed January 6, 1977. Leon Farley)
Tiburon P & R Commissioner, spoke in support of the resolution
and stated the intent of the resolution was to phase out the pow~rs
of the Belvedere and Tiburon P & R Commissions in-lieu of the .
Joint Recreation Committee.
10
MOTION
Moved
Vote:
That an Allocation of $500 for the Purchase
of Locally Written or Published Books.
Ellman, Seconded by Ross
Unanimous
Chairman Parker also requested Council's approval for the expendi-
ture of $500 to purchase books published or written by Tiburon
Peninsula residents, and that $250 of the amount be allocated to
Mrs. Betty McKegney for the selection of these books, the creatipn
of a bibliography, coordination of publicity, maintenance of
liaison with the County Library and to solicit donations to the
collection.
Moved
Vote:
That the Allocation of $1500 for the Advance
Funding of the Pelican Player's Musical Produc-
tion be Approved by the City Council.
Aramburu, Seconded by Edelstein
Unanimous .
FINE ARTS COMMISSION PROJECT FUNDING FILE NO 1030
(Policy Regarding Funding of Commission ACTION: Staff
Projects and Activities) tions Approved.
Chairman Hal Parker gave a short summary on the proposed musical
production by the Pelican Players for the Spring of 1977, and
requested Council's approval for the funding advance of $1500
towards this production.
MOTION
Recomrnenda-
14
VII
Recess was called at 9:40 p.m., with Council reconvening at 9:50 p.m
roll call standing as originally noted.
OLD BUSINESS
,
RECESS
9
After further discussion, Ross moved the ?ublic Hearing be
closed, seconded by Aramburu, and Passed Unanimously. Mayor
Tayer requested the City Attorney report back to Council at
the January 24, 1977 Council meeting, and that a proposed ordin-
ance be submitted if the City Attorney feels it is warranted.
ANIMAL NUISANCE (Excessive Barking FILE NO: 510l
in Vicinity of St. Bernard Lane and ACTION: Continued to
Vistazo West) January 24, 1977.
After a short summary of events by the Chief of Police, Ellman
moved the Public Hearing be opened, seconded by Ross, and Passed
Unanimously. Rocco Fazio stated he felt the problem was with
the City Staff in that they were not filling their obligation
to resolve this problem satisfactorily. He submitted documenta-
tion on the problem of barking dogs in the area. The Chair
requested the City Attorney determine the extent of the problem
and whether the problem warrants action on the part of the City
Robert Popp, Ken Silverman, and Greg Wilccz, all residents of
the area in question, spoke on behalf of Mrs. Steiger, who was
also present, and stated that they had never heard Mrs. Steiger
dog bark and denied there was any dog problem in the area. Mr.
Gordon Strawbridge stated he felt all dog owners should keep
their dogs inside during the night.
s
l,lOTION:
CITY
COUNC!:,
Approval of letter to all Owners of Unpaved
Driveways Requesting their Compliance to
Section 13-4 of the Tiburon Municipal Code
M!~UTES
~4:::9
,j~J
~.~.:
?~~.l
:n
:J
..., ....
ABATEMENT OF UNPAVED DRIVEWAYS (Oral Report
by Acting Director of Community Development)
B
PARADISE DRrvE STREET LIGHTING BE~mEN MAR
WEST & MAR EAST (Oral Report by Chairman
of the Traffic Safety Committee)
The Chairman of the Traffic Safety Committee recommended upgrad-
ing three existing street lights in this vicinity, and installing
four new lights. He stated the homeowners in the area had :
received flyers on this matter, but no feedback had yet been
received. It was requested that shrubs and trees be trimmed in
the vicinity to help alleviate the problem of lighting and that
letters be written to property owners requesting them to do so.
A
.
ORAL REPORT~,
& CITY MANAGER
ITEM~
FILE NO
4502
XI
COt.tMUN I CAT IONS
FILE. NO: 1000, 1003
ACTION: Referred to
Administration &
Finance Committee
The City Manager and the Parks & Recreation Commission were
requested to conduct a personnel review of the position, and
dE.::-::!'mine- whether the City of 'Belvedere will participate in the
cost of the salary increase before the Tiburon City Council
approves the wage increase. Aramburu requested this matter be
referred to the Administration and Financ(-~ Committee for a
report at the next Council meeting of January 24, 1977, and that
Belvedere be requested to consider their participation in the
position funding.
PARKS & RECREATION SUPERVISOR POSITION
(Job Description and Salary Adjustment)
,
16
FILE NO: 1030
ACTION: Continued
to 2/14/77
Council requested the Sasaki-Walker Plan be considered in con-
junction with the Richardson Bay Lineal Park Master Plan by the
Planning Commission.at their January 26, 1977 meeting.. The
Par Course Proposal is also to be considered at this meeting.
It was also requested the Planning Commission determine what
impacts these plans have on the General Plan and to be specific.
The Parks and Recreation ~ommission was requested to ,complete
their assessment of the community's needs and the Department of
Community Development was likewise requested to provide guide-
lines for the preparation of the P & R Master Plan.
RICHARDSON BAY LINEAL PARK ~mSTER PLAN
{Proposal by P & R Commission)
15
CITY MONTHLY FINANCIAL STATEMENTS (Review FILE NO 2090
of New Computer Financial Statement)
After review by the City r1anager of the monthly statements,
Council requested a summary sheet be submitted on a quarterly
basis with the financial statement.
13
Moved:
Vote:
Passage of First Reading of an Ordinance
Amending Ordinance No.9 N.S., the Tiburon
Zoning Ordinance, by Providing for the IssuanGe
of Certificates of Occupancy.
Ellman, Seconded by Aramburu
Unanimous
MOTION
CERTIFICATE OF OCCUPANCY (Amendment to FILE NO: 97501
Zoning Ordinance Regarding Non-Residen- ACTION: First Reading
tial Property - Ordinance f 1st Reading) Passed.
After some discussion, Council requested amendment to the proposed
Ordinance, requesting tlor tenancy" to be inserted after every ,
reference to "non-residential occupancy". Ellman moved the
Ordinance be read by title only, seconded by Aramburu, and Passed
Unanimously. ~
12
VIII
NEW
BUSINESS
Council stated concern over the Recreation Supervisor's position
being totally under the control of the Joint Recreation Committee,
an unelected body, and requested the City Attorney also conside~
this in the resolution I
Noved Ro S S I Seconded by Aramburu
Vote: Unanimous
C DEDICATION OF McKEGNEY GREEN FILE NO 1014
Hayor Tayer requested February 19, 1977 be set tentativ~aX a~ th~
date for the dedication of McKegney Green, sUbi~~Jito S9~sman
Burton's approval. It was also requested thatA. upervt~or.Pri~e.
and Supervisor Rice be invited to attend the services. The
matter of food and activities for the dedication was ref~~Fed to
the Parks & Recreation Commission. ' ..
D. CI~Y COUNCIL MEETINGS IN THE CO~li~UNITY
. , ,-:.. . ~10TfoN:. Acceptance _ of- City Manager J 5 Proposed City
Council Schedule for 1977 in the. Community.
f.1oved : Ross, Seconded by Aramburu .
Vote: Unanimous
~ , ;. .t 1 ...1
. -- \~-
Mayor. Tayer 'suggested a j'oint 'me'eting of .tl1e. Parks & Recreatfon
Commission/Planning' Commission/City Council:J:)e. 'held on ~larch 5;
1977, at the Audubon Society to discuss .the Richardson Bay Linea.}.
~ ~..>"~ '{.' ~.., .. . \
.A : ~ . Park Master Plan. . l~',~ > ~
. ~ . ; : ; E. FUTURE CITY COUNCIL AGENDA ITRMS
Report Received.
IX. CITY COUNCIL COl~NTS AND CO~~ITTEE REPORTS
T
A. Mcyor Tayer read a letter from Bob Trahms of the Webelos Den
reporting on their project of improving Blackie's gr~vesit..
~. A letter was read from Angel Island Ranger Supervisor Robe~~
Short commending Bertha Bedilion for her and her class's service
in helping to pick up litter on Angel Island.
c. A letter was read from Joan Hockaday requesting the passenger
lo.ding zone on Main Street be extended to allow ten minutes
instead of three for the unlo::"ding and loading of passengers.
This matter was referred to the Traffic Safety Committee for
consideration.
D. Edelstein requested whether a survey had been completed with the
Hilarita residents in relation to the tennis courts proposal.
.
E. Edelstein requested what the status.was of Milt McDonoU!h's
fence, the tables in the walkway behind Sabella's, and the
screening of the garbage area between the Windjammer and Sabella's
Restaurants.
F. Ellman requested several items be put on future ~qendas--the
Emergency Plan, the Street Name Change, and the Policy Manu_!..
G. Aramburu requested the proposed Allocation of ~Alater Ordinance by
~he Marin .Municipal Water District, which will be discussed at
the FQbruary 1-1ayors and Councilmen's meeting, be agendized for the
February 14, 1977 City Council meeting.
XIII. AD~OURNMEN'1'
As there was no further business, Council adjourned at 12:48 a.m.,
Tuesday, January 11, 1977, sine die.
~.- T~i / ,,-r- /
lYO? ~/ Tit
AT~ ---....-- . /
~
· . /2
R. L. .. .E Manager/Clerk
APPROVED:
, 1977
January 10, 1977
CITY COUNCIL ~INUTES ~429 Page 5
CORRECTED
CITY OF TIBURON
CITY COUNCIL MINUTES
CALL TO ORDER
The regular meeting of the City Council of the City of Tiburon,
State of California, was called to order by Mayor Tayer at 7:40
p.m., on Monday, January 24, 1977, in the City Council Chambers
I. ROLL CALL
PRESENT: COUNCILMEN: Ellman (8:55), Edelstein, Ross, Aramburu,
ABSENT: None
EX OFFICIO: R. L. Kleinert, City Manager; L. Brunini, Superintend-
ent of Public Works; J. Strandgaard, City Engineer;
M. Manick, Chief of Police; M. McCart, Acting Director
of Community Development; R. Breiner, Deputy City
Attorney; B. Brown, Administrative Aide; C. Grow,
Minutes Clerk
II. APPROVAL OF MINUTES
'429 - Page 2, Consent Calendar, Item 3 "b", change "~erra" tp
"Tara". Under Item 8, paragraph 1, line.IO, delete "to consider
drainage" and insert "to reach a conclusion on the drainage
solution." Page 5, "c" line 2, change "Senator Burton's" to
"Congressman Burton's". Line 3, add "former" before "Supervisor
Price" . Line 4, delete "services" and add "event". Aramburu
moved for approval of Minutes 1429, seconded by Ross, and Passed
UnanimOUSly.
III. PUBLIC QUESTIONS AND COMMENTS
1. RECOGNITION OF CITY SERVICE (AI Kuhn, FILE NO: 1051
Planning Commission)
Mayor Tayer read Resolution No. 223 which was passed by the
Planning Commission commending Alvin R. Kuhn for his service
to the Commission and the City of Tiburon, and presented him
with a placque of appreciation.
IV. APPOINTMENTS TO BOARDS AND COMMISSIONS
With approval from Council, Mayor Tayer requested this item be
deferred to a later agenda item due to the absence of Councilman
Ellman at this time. This item was discussed under City Council
Comments and Committee Reports.
V. CONSENT CI..LENDAR
2. PRECISE PLAN (Littman Subdivision - Time Extension - Resolution
No. 875)
3. ENCROACHMENT PERMIT (Street Cut - 3 Seafirth Lane)
4. DENIAL OF CLAIM (Bakarian vs. City of Tiburon)
MOTION: That the Consent Calendar be adopted as
shown above.
Moved: Aramburu, Seconded by Edelstein
Vote: Unanimous
Absent: Ellman
VI. PUBLIC HEARINGS
5. APPEAL OF DECISION OF THE BOARD OF ADJUST- FILE NO: 77645
MENTS AND REVIEW (77 Mount Tiburon) ACTION: Denial of
Appeal
The Acting Director of Community Development recommended that
Council uphold the decision of the Board of Adjustments and
Review by denying the appeal of the appellants at 83 Mount
Tib~on that the residence at 77 Mount Tiburon be redesigned or
resited. She then submitted some photoviews of the view and the
proposed construction, showing what portion of the home's view
at 83 Mount Tiburon would be obstructed. Ross moved the Public
CITY COUNCIL MINUTES 1430 January 24, 1977
Page 1
CITY COUNCIL MINUT:e;S
FILE NO:' 102.3
ACTION: Staff
Recommendations
Accepted
The City Manager reco~~ended that if Council wishes to support
thiJt typO.4M!-le<rl:'SlatiQQ atth~ City: :level, to -direct the City
Attorney to draft such ar-ordl.hanc-e--" f(}r1!1IJ:5ti~ ..hear-iR<} ~rid"'ist
reading .at.a subsequent "'.Treeting. He. also recommeii1ied that if ""~
Council 'wishes. suppor'c on a Countywide or Statewide level, ebat'
~t'af'f .sholrld- be direct:.ed .to ~pr~re l:et-bers of -snpport:--ro .. .'....... .
speoific legislators and committees.
Ross moved to open the Public Hearing, seconded by Ellman,
Passed Unanimously
#430
Ja'nuary
P~n~ ?
24
,
1977
and
BEVERAGE CONTAINER DEPOSIT
Propo.sed Legislq,tion)
6
Recess was called at 9:07 p.m~, with Council reconvening at 9:
roll call standing as originally noted~
(Endorsement of
20 p.m
. ,
RECESS.
Abstained
That Staff1s Recommendations to Uphold the
Decision of 'the Board of Adjustments and
Review to Deny the Appeal.
Moved: Ross, Seconded by Edelstein
Vote: AYC3: Ross, Edelstein, Tayer
Noes: Aramburu
~J!l~: Ellman
MOT:ION
Aramburu stated his opposition to \the motion in that he felt
any diminution of a vie,~was crit~ria for the Board of Adju.t-~4
ments and Review and ne th~n made a substitute motion to remana
this matter to the Board to find a compromise solution. The
motion failed for lack ,of a 3€~ond
Ross stated the applican~'n explanation of what constitutes
a basement did not qualify in this case, and that the first
floor was indeed considered a third story.
Aramburu moved the Public Hearing be closed, seconded by Ross,
and Passed Unanimously: with Abstention by Ellman due to absence
during the first part of .the dincussion .
Mr. Schreyer stated he did not oppose the construct.ion of the
home, but :'equested the home be redesigned to not obstruct their
view and to be in Gcal.e ".lith thereat of the neighborhood. He
offered several suggestions fGr changes to decrease the obstruc-
tion.
Mr. Henry Herold, architect for the applicant (Forootran),
stated the house was not actually three stories, but that the
first f~oor was actually a wine cellar and should be considered
a basement. Mr. Charles Patterson, Attorney for the applicant,.
stated that the Schreyers should take action against the selle~
of their home or the developer in that the developer and seller
were aware of the development that would occur in the surround~
ing areas, and that the zoning at that time was even less
restrictive than it is at precent. He stated the home at 77
Mount Tiburon was of similar size as other surrounding homes and
was not out of harmony with the rest of the neighborhood.
Mr. Vic Banks, a :t"eal es"cate appraiser, quoted an approximate
loss of 10 percent to the Schreyer property upon the construc-
tion of the home at 77 Haunt Tiburon..
Mr. Joseph Forest, Attorney for the Appellants (Schreyers) ,
submitted a brochure on the home at 83 Mount Tiburonshowing tqat
view was emphasized to the Schreyersatthe time theypurchaseq
the home. He stated the current homeowners association of the~
area had no .control over development design and that ,the control
remained with the developer, Mount Tiburon Properties Inc., anq
that approval of this plan was through the developer of the I
subdivision and not the homeowners association. Mr. Forest I
requested the residence Lt 77 Mount Tiburon be lowered to two
stories instead of thre3.~
Hearing be opened,
seconded by Aramburu.i
:.=-i. .:..
and Passed Unantmou.~y
CITY COUNCIL MINUTES
The Deputy City Attorney and the Public Services Committee
reviewed the submitted material from the previous meeting on
January 10, 1977. It was the conclusion of the Deputy City
Attorney that insufficient evidence existed proclaiming a
public nuisance and that no further City action should be
continued. Edelstein, Chairman of the Public Services Committee,
stated the conclusion of the Committee was that this was a pri-
vate nuisance and not a public nuisance and that the City staff
had acted thoroughly to all complaints and that no further
#430
January
n...,...... ~
24
,
1977
ANIMAL NUISANCE (Excessive Barking in the
Vicinity of Vistazo West and St. Bernard
Lane - Report by City Attorney)
FILE NO: 5101
ACTION: Continued
to February 14, 1977
VII
7
effort write their state
Ellman requested all persons supporting this @~Oi~R~~~ice
-eA~~OIMJ" ..IIRlAR=:aft(j: &f)Iur a~-te=~es=.
representatives when public hearings are being held.
OLD BUSINESS
.
Aramburu requested that appropriate spokespeople of the grocery
industry be invited to attend the Public Hearing for the first
reading of this Ordinance; that letters be written to all ten
cities in Marin County and to Supervisor Rice, Assemblyman
Wornum, and Senator Behr, indicating the City's position and
urging support in the concept of the Ordinance; and that the
Cities of Marin be urged to consider this matter in order to
achieve countywide support. He also requested that the City
enter into a "friend of the court" position in the Berkeley
case on this matter as directed by the City Attorney at the
appropriate time.
MOTION
Moved
Vote:
That the City Attorney be requested to
Redraft an Ordinance Containing the Above
Amendment.
Edelstein, Seconded by Ellman
Unanimous
Page 6, under Section 9, line 2, delete "except
that the provisions of this ordinance shall not
apply to beverages sold through vending machines
until thirty-six (36) months after said date of
adoption. It Add "This Ordinance shall automatically
expire upon enactment on the state or federal level.
"
.
.
.
Council requested the Ordinance contain the fOllowing amendment
Aramburu moved to close the Public Hearing,
and Passed Unanimously.
seconded by Ross,
Other residents present who spoke in support
were Polly Smith, Steve Schmidt, Karen Hynes,
of the legislation
and Marilyn Price.
Mr. Nathaniel Marans, resident of Tiburon,
to such an ordinance in that it restricted
individual.
stated his oppositiop
the rights of the
Mr. Tom Thorner, Attorney and one of the drafters of the pro-
posed ordinance, offered his services to work with the City
Attorney in redrafting the Ordinance for first reading
Mr. Tom Robertson, spokesman for the Marin Conservation League
and representing other o:~ganizations which have joined together
in support of this legislation, submitted 40 pages of signatures
from residents in the Tiburon area and stated a strong support
of this initiative in Marin County. He requested Tiburon's
support for such an ordinance as an effective procedure to
induce action at the state level by showing local interest
Mr. Leon Dillenburg, Executive Director of the Northern Calif~
ornia Grocers Association, spoke in opposition of the ordinance
in that this type of ordinance would have its greatest impact
on the small retailer. He stated there were sanitation problem$
with residue collecting in bottles, and the marking of cans was
a difficult process which would either have to be done by the
manufacturer or by non-union journeyman clerks
CITY COUNCIL MINUTES
This item was presented before Council for their review and
comments. Ross suggested deleting "Joint Belvedere/Tiburon
Recreation Committee." On page 2, Item 2, under IV General
Rules, and adding the fOllowing phrase "City Manager or Mayor
Ellman suggested a limit be included on the number of people
to be allowed for each activity. It was also requested the
matter of public liability and property damage insurance be
#430
January
Page 4
24,
1977
"
RULES AND REGULATIONS FOR MCKEGNEY GREEN
(Joint Recreation Committee Recommendations)
FILE NO: 3053
ACTION: Continued
to 2/14/77
11
Moved
Vote:
That Second Reading of Ordinance No. 181 N.S
AN ORDINANCE OF THE CITY OF TIBURON AMENDING
ORDINANCE NO.9 N.S., THE TIBURON ZONING
ORDINANCE, BY PROVIDING FOR THE ISSUANCE OF
CERTIFICATES OF OCCUPANCY be Passed.
Ellman, Seconded by Ross
Unanimous
MOTION
2nd FILE NO: 97601
ACTION: Ordinance
No. 181 N.S. Passed
Ellman moved the Ordinance be read by title only, seconded by
Ararnburu, and Passed Unanimously.
CERTIFICATE OF OCCUPANCY
Reading)
10
MOTION
Moved
Vote:
(Ordinance
That this matter be referred to the
Board of Adjustments and Review and the
Parks & Recreation Commission, and that
Staff recommendations be accepted.
Aramburu, Seconded by Ross
Unanimous
Council requested the Board of Design Review consider this
matter and report back to Council on recommended design and
place~ent. Edelstein requested the Board consider benches which
would be more portable. Ellman suggested the Board also consider
benches to be of use over a long period of time.
It was staff's recommendations that less costly benches be con-
sidered and that the City not participate in joint funding of
park benches with homeowner associations, service organizations
or special interest groups. Staff also recommended that the
consideration of benches be made after the completion of the
Parks & Recreation Master Plan and Richardson Bay Lineal Park
Plan.
COMMUNITY BENCHES
Recommendations)
FILE NO: 1070
ACTION: Referred.
to BOAR and P & R
Commission ~
9
(Staff and P
The Council noted that if money is to be allocated from the
Fine Arts Commission budget, it is to be subject to their
approval.
&
R Commission
Moved
Vote:
That staff Recommendations be accepted to pass
Resolution No. 876 Providing Funds for the
Purchase of Books for the Be1vedere/Tiburon
Library, and that the City Manager advise Council
at the February 14, 1977 meeting as to the account
from which this Funding shall be allocated.
Aramburu, Seconded by Ross
Unanimous
MOTION
FILE NO: 1043
ACTION: Resolutiop
#876 Passed.
The City Manager requested the City Council adopt the draft
resolution and suggested the funds be allocated from the Fine
Arts Commission budget.
LIBRARY ADVISORY COMMITTEE
Improvements - Resolution)
8
(Funding
action was warranted. Councilman Ross requested this matter
be deferred to February 14, 1977, in order to allow him suffi-
cient time to review the submitted material.
for
CITY COUNCIL
FILE NO: 5101
ACTION: 1st Readin~
Passed
Aramburu moved to accept staff recommendations on amendment to
Section 20-8 <a) of the Ordinance to change the wording to read
"...the poundkeeper shall, and any peace officer of the city
may, investigate...", seconded by Ellman, and Passed Unanimously.
Aramburu then moved the Ordinance be read by title only, seconded
by Ross, and Passed Unanimously (,
HINUTES NO.
ANIMAL CONTROL ENFORCEMENT
Ordinance - 1st Reading)
430
January
Page 5
24
1977
15
(Amendments
(Adoption FILE NO: 47601
ACTION: Continued
to 2/28/77
Staff recommended adoption of the Noise Element, but requested
no action be made on the Ordinance at this time. There was
discussion as to whether any reference to the Ordinance in the
Element should be struck at this time. Aramburu requested
amendment on page 6, under paragraph C. last sentence, adding
"...occurs late at night or early in the morning." On page 8,
paragraph 2, under V Noise Control Measures and prc~osals,
line 4, Mayor Tayer requested the following phrase be inserted
after the last line: "...for the neighborhood, including measures
for control of domestic animals at night." On page 3, Item B-j"~
it was requested the word "provide" be struck and the word
"consider" be added. Ellman requested a checklist be drafted
outlining construction activities in relation to noise levels.
Edelstein requested a provision on construction starting and
completion times be included in the Element. Ellman requested
Figure 2 include a category for "condominiums". Council then
directed staff to review the requested amendments with the Plan-
ning Commission and that this matter be agendized for adoption
at the February 28, 1977 City Council Meeting
NOISE ELEMENT TO THE GENERAL
of Element - Resolution)
to
14
VIII
NEW BUSINESS
FILE NO: 6201
ACTION: Continued
to 2/l4/77
Staff recommended that Council comply with the Joint Recreation
Committee's request that proposed resolution revisions be
submitted to them for consideration and approval, and then the
resolution be returned to Council at the February 14, 1977
meeting. Upon no objectinn from Council, this item was continued
to the next City Council meeting
PLAN
JOINT RECREATION COMMITTEE (Consideration
of Revised Committee Resolution)
13
Moved
Vote:
To approve the proposed amendment to the
County Master Plan for Countywide Solid
Waste Management Concerned with the
Treatment of Financing.
Aramburu, Seconded by Ellman
Unanimous
MOTION
COUNTYWIDE SOLID WASTE MANAGEMENT MASTER PLAN
(Proposed Amendment to Marin Solid Waste Plan
)
FILE NO: 5003
ACTION: To Approve
Staff Recommendations
12
This matter was referred back to the Joint Recreation Committee
for further discussion in regard to matters of maximum allowable
occupancy for each activity, whether fund raising events should"
be allowed, and that perhaps these regulations should be more
flexible for the first two years. It was also requested by
Council that information be received from the school districts
as to their recommendations for fees being charged for activities
Mayor Taye~~k~~iql~Pposition to allowing any fund raising
events orA3ponsbre~group events and requested this matter be
considered.
Gary Gray, County Parks & Recreation Commissioner, inquired why
fees would be charged for a facility funded by taxes and
Aramburu also spoke against charging fees for usage. Mr. Gray
requested a determination be made to outline those activities
which will and will not be charged for usage
considered by the City Attorney.
CITY COUNCIL
Edelstein moved to recommend George Ellman as Tiburon's
recommended appointee to the Golden Gate Bridge District
Seconded by Ross, and Passed Unanimously.
MINUTES
#430
lJanuary
p~(J'P (:;
24
,
1977
D.
Mayor Tayer reported a meeting was scheduled for January
1977 with Sandy Kemp and Al Elledge of Harbor Carriers to
discuss improved ferry service to the City of Tiburon.
C
A Mayor Tayer announced that February 19, 1977 was set as_ojbe 0
d a. 0 d f W~ T De ~n
tt de 1cat1on ate 0 McKegney Greeno Congressman Burton^ up€r-
a en ance an ROd f SOp 0 0 11 ,~;t,:IN::o... ~
V1sor 1ce, an ormer uperv1sor rl.ce Wl. =tf=.I:"~=-uc-=~ft=~t"C1"nn:rft~.
be invited to attend." ;
B. The City Manager was directed to set up a meeting with Superin-
tendent Trujillo of the Tamalpais Union High School District,
Ross, Chairman of the Lands and Development Committee, and Mayor
Tayer to discuss the Tiburon School Site.
27,
Mrs. Lois Chipman spoke in endorsement of Ms. Spann's position
and her contributions and service to the schools and residents
of Tiburon.
FILE NO: 1000
ACTION: Continued
to January 24, 1977
The City Manager recommended the immediate hiring of aCETA
employee to fill the vacancy created by Diane Spann's resig-
nation and that the Manpower Commission be directed to follow
through in filling this position.
PARKS & RECREATION SUPERVISOR POSITION
(Job Description and Salary Adjustment
16
IX
CITY COUNCIL COMMENTS AND COMMITTEE REPORTS
Staff was directed to notify all appointees of their appointments
Moved
Vote:
To reappoint Eugenia Marans and Gordon Strawbridge
to the Heritage Advisory Committee.
Aramburu, Seconded by Ross
Unanimous
MOTION
In regard to the two vacancies on the Heritage Advisory Committee
two reappointments were made.
Staff was directed to draft a policy regarding the extension of
appointment terms to three years from the date of appointment.
It was also requested the Chairmen on the Commissions discuss this
matter and submit their recommendations.
HOTION
Moved
Vote:
That Mrs. E1va Edger be appointed
to the Tiburon appointment on the
County Residential Review Board.
Ross, Seconded by Aramburu
Unanimous
alternate
r1arin
Mayor Tayer suggested Elva Edger be appointed as alternate to
Tiburon's appointment on the Marin County Residential Review
Board.
Aramburu and Ellman were
interview applicants for
on Saturday, January 29,
appo1nted as
Commissions,
1977.
the interviewing committee to
Boards, and Committees,
IV
APPOINTMENTS TO BOARDS AND COMMISSIONS
Ellman then moved to approve Staff Recommendations regarding the
action plan for additional enforcement, seconded by Ross, and Passed
Unanimously. Council then directed staff to submit a report at
the February 14, 1977 Council meeting on a detailed budget for
usage of a cadet for animal control.
Moved:
Vote:
MOTION
To Adopt First Reading of AN ORDINANCE OF
THE CITY OF TIBURON AMENDING CHAPTER 20
OF THE TIBURON MUNICIPAL CODE, BY RAISING
REDEMPTION FEES AND REVISING NUISANCE
ABATEMENT PROCEDURES.
Ross, Seconded by Ararnburu
Ayes: Ellman, Edelstein, Aramburu
Noes: Ross, Tayer
E The Chief of Police was directed to study the matter of a park-
ing problem at the Caprice Restaurant.
F Edelstein requested the status of the street lighting on Paradise
Drive and the trimming of trees and shrubs.
G Edelstein requested a status report at the next meeting on the
Southern Pacific Plan.
H Aramburu requested a report at the next meeting on the status
of the Sabella Restaurant easement and the McDonough fence
obstruction to the pedestrian promenade.
X STAFF REPORTS
17. STREET NAME CHANGES FILE NO. 4205
ACTION: Recommenda-
tions approved.
MOTION: To accept Staff Recommendations to not proceeq
with actions for the street name change of
Porto Marino to Stewart Drive.
Moved: Ross, Seconded by Aramburu
Vote: Unanimous :
18. POLICE REPORT ON USE OF RADAR FILE NO. 5001
ACTION: Report
Received.
XI. COMMUNICATIONS, ORAL REPORTS, AND CITY MANAGER ITEMS
A. The City Manager was directed to contact Mrs. Elva Edger of
her replacement of Mr. Burlingame on the SMSSA Board.
B. The Public Services Committee has requested a meeting with
Commissioner Sturgeon of the Public Utilities Commission. The
City Manager was directed to schedule the time and ro~eting
place.
C. The City Manager was directed to schedule a meeting with Belvedere
Officials and Erwin Farley in regard to the China Cabin.
D. Mayor Tayer announced a hearing scheduled for usage of Angel
Island State Park facilities. Ellman and a Parks & Recreation
Commissioner were requested to attend.
E. The City Manager was directed to report on the reasons for the
sod turning yellow on McKegney Green.
XII. EXECUTIVE SESSION
Council adjourned to Executive Session to discuss ~ending litigation.
XIII. ADJOURNMENT
As there was no further business, Council adjourned at 12:35 a.m.,
Tuesday, January 25, 1977, sine die.
I /-1
~
-" . ,. , /
. -
001
ATTEST:
~ ,
~ {7'
,I
"
1
- ty Manager/Clerk
R. L . KI ,
APPROVED:
, 1977
CITY COUNCIL MINUTES #430 January 24, 1977
Page '/
CITY COUNCIL
Chairman Bergsund reported on studies
the Commission. They are as follows:
MINUTES
# 431
February
- .,
14
,
1977
currently being considered by
(a)
PLANNING COMMISSION
(Chairman Joan Bergsund
IV.
COMMISSION REPORTS
Mrs. Mary Terrell, a representative of the Mill Valley Arts Guild,
requested Council's assistance in resolving the problem of the
raise in rental fees by the Reed Union School District for usage
of the Old Tiburon School. She stated the rental fees were raised
from $612 per session, to $1140 per session and the school could
not operate under the new rate. Mayor Tayer directed staff to
make immediate efforts to meet with the District to discuss the
possibilities of retaining the Art School classes within the commun-
ity. Edelstein suggested perhaps the City could subsidize this
program on an interim basis until the problem is resolved. Aramburu
urged that no action be taken until Council has had an opportunity
to meet to resolve this problem
Peter Berg inquired about the Long Beach Ferry which was brought
into_~fBMfon Harbor by Harbor Carriers. He stated the Ferry was
over-eapaei~ for the City's facilities. Council then requested
Staff investigate this matter and report back at the next regular
meeting.
Mr. George Landau, Marinero Homeowners'Association Landscape
Committee, requested Council consider allowing the City to use
reclaimed wastewater to assist homeowners in watering areas affecteq
by the drought and suggested citizen support of legislation allow-
ing deductions from taxes for losses incurred from landscaping loss
Mayor Tayer requested staff investigate the possibilities of com-
plying with these requests.
This item was continued to the February
meeting at Mr. Kemp's request.
28
,
1977 City Council
(a)
HARBOR CARRIERS FERRY SERVICE
(Sandy Kemp)
III
PUBLIC QUESTIONS AND COMMENTS
MOTION
Moved:
Vote:
To Adopt Minutes #430 as
Ellman, Seconded by Ross
Unanimous
Amended
#430 - Page 2, change under "Vote" of Item 5, "Absent" to Abstained
Page 3, Item 6, last sentence, change to read "Ellman requested all.'
persons supporting this effort write their state representatives
when public hearings are being held.'~ Page 5, second paragraph,
line 2, add "commercially" before "sponsored' group events". Page
6,'"A" line 2, change sentence to read "Congressman Burton will be
in attendance, and Supervisor Rice and Former Supervisor Price will
be invited to attend."
II
APPROVAL OF MINUTES
R. L. Kleinert,
of Public Works
Chief of Police
Development; R.
trative Aide; C
;
.
,
City Manager; L. Brunini, Superintendent
J. Strandgaard, City Engineer; M. Manick
M. McCart, Acting Director of Community
Conn, City Attorney; B. Brown, Adminis~
Grow, Minutes Clerk
EX OFFICIO
ABSENT
None
Ellman
Tayer
PRESENT
COUNCILMEN:
Edelstein,
Ross
,
Aramburu
(8:00 p.m
. )
I
The regular meeting of the City Council of the City of Tiburon,
of California, was called to order by Mayor Tayer at 7:45 p.m.,
Monday, February 14, 1977, in the City Council Chambers.
ROLL CALL
State
on
CALL TO ORDER
CORRECTED
CITY OF TIBURON
CITY CiJUNCIL MINUTES
CITY COUNCIL
Mayor Tayer read a letter from the Board of Supervisors to the
City in support of Senate Bill 4 establishing a refund value for
all bQvGra~Q cont~inpr~1 :::lnn "'nmrli'I"nPn+-incr i:-h,., Cit:.y (')Tl i.t-~ C:U;P~O~{.
MINUTES
# 431
February 14
Page 2
,
1977
The City Manager introduced this item and stated the City of
Mill Valley had continued their ordinance for further study. He
also stated the City of Tiburon had received several letters of
support in regard to the concept. Ross then moved to open the
Public Hearing, Seconded by Ellman and Passed Unanimously.
BEVERAGE CONTAINER DEPOSIT
1st Reading)
FILE NO: 1040.1
ACTION: Passed 1st
Reading and Returned
to City Attorney for
Amendment.
5
toC-rdinance,
VII.
PUBLIC HEARINGS
1
2
4
.
.
FAUS PROGRAM (Resolution of Approval No. 877)
1977-78 BUDGET CALENDAR (Approval of Proposed Dates for
Budget Preparation, Hearings, and Adoption)
FUND TRANSFERS (Gas Tax Capital Improvements Projects)
MOTION
Moved
Vote:
To Approve the Consent Calendar as
Shown Below.
Aramburu, Seconded by Ross
Unanimous
Amended and
Aramburu requested Item 3 be removed from the Consent Calendar and
placed under Staff Reports.
VI.
CONSENT CALENDAR
(5)
(4)
(3)
(2
The Commission has been planningthe.Dedication of McKegney
Green activities. The dedication has been scheduled for
February 19, 1977, and a few activities planned will be a
soccer game, picnic lunch for invited dignitaries, place-
ment of the placque, and a few brief speeches from officials.
Parks & Recreation Assistant Diane Spann has resigned from ~
her position as of February 4, 1977, and Michael Shane has
been serving in her capacity on a temporary basis until a
permanent employee is hired.
The Commission is working in conjunction with the Planning
Commission to send a questionnaire out to all residents of the
community to receive their input and 'suggestions for
facilities in Richardson Bay Lineal Park.
The Commission has approved the Noise Element and has
referred the matter back to Council for their consideration
at the February 28, 1977 City Council meeting.
A Parks & Recreation Commission and Planning Commission
Workshop meeting is planned to discuss the parcourse and
Parks & Recreation components of the Master Plan.
(1)
Chairman Berg reported
Recreation Commission.
on the current activities of
They are as follows:
the Parks &
(b
Chairman Bergsund also noted that the Planning Commission had
unanimously agreed to recommend that Council designate Martha McCart
as Director of Community Development on a permanent basis.
PARKS &
RECREATION COMMISSION
(Chairman Peter Berg
Master Plan Revision of Red Hill Rise
Second Phase of Cahn/Lewis Project is
more responsive to community needs. ,
The Commission is working clc~ely with the Parks & Recre4tion
Commission to study the general element of the Parks &
Recreation Commission and to study Richardson Bay Lineal
Park future plans. A joint meeting is scheduled for tebruary
23, 1977. .
The Zelinsky Master Plan is anticipated for study soon
The Noise Element is being considered.
The Land Use Element is ready for study.
The EIR Guidelines are ready for study.
The Ring Mountain feasibility study will
shortly.
(4 )
(5)
(6)
(7)
(8)
be ready
for
study
(1)
(2)
3
Project.
being redesigned to be
February 14,
Page 3
CITY COUNCIL MINUTES
Ellman read a letter from ~ grocery chain store owner in Oregon
where such law presently exists. The letter stated the satis-
faction of the merchants in Oregon in the compliance of the
Ordinance.
#
431
1977
Aramburu commented that returnable bottles were considerably
less expensive in the long run for consumers and stated present
recycling measures were not working; therefore, he supported the
passage of the proposed Ordinance.
Council then directed the City Attorney advise Council whether
the Ordinance is presently broad enough to allow individual
marking of beverage containers.
After further discussion,
Hearing, Seconded by Ross,
Aramburu moved to close the Public
and Passed Unanimously.
Mr. Harry Lucky, Reclamation Coordinator for Owens-Illinois
Glass Container Division, urged Council vote "no" on the pro-
posed Ordinance and stated that the addition of a 5 cent deposi~
refund would restrict the consumer and not encourage recycling
measures.
Mr. Miles Bardwell of the Tiburon Bottle Shop and Sal Cardinalli,
a Tiburon Resident. both spoke ~n opposition to the Ordinance.
Mr. Jim Mantegani of the Corner Market stated that 36 percent
of the City's tax load is funded from commercial ac~~vities and
that an ordinance of this type would cause storage and health
problems. He also stated he felt the Tiburon merchants had
not been properly notified of the proposed Ordinance.
Mr. Leon Dillenburg, Executive Director of the Northern California
Grocers Association, stated the City retailers would pay $5,000
per month in deposits and bring back only $2500 in refund rnoni~.
He also stated that the only areas where an ordinance of this :
type has passed were areas which did not have a water problem
Mr. Neill Smith of Marin Environmental Cooperative spoke in
support of the Ordinance and stated it took approximately 50
gallons of water to make one container and only eight to three
gallons to wash a returnable bottle; therefore, the returnable
bottles conserve water. He suggested amendment to the Ordinanc~
to include a provision which would allow the retailer to mark
their own bottles, and not the distributor.
Mr. Chuck Daniels, owner of the local Coors Distributorship,
spoke in opposition to the proposed Ordinance and stated the
Ordinance was impractical for storage and control of pests.
stated paper products were the main cause of littering and
that this ordinance would cost the consumer approximately 30e
more per six pack.
He
Mr. Kirk Whittingham, a Tiburon resident, stated that approximate1y
70 percent of all litter was caused from take-out food and
requested control also be made on this matter
Nathaniel Marans spoke in opposition to the proposed ordinance
and questioned the legality of such an ordinance.
;
Mr. George W. Ososke, Vice President of the United States Brewers
Assn., Inc., stated that returnable bottles require eight times
the amount of water than non-returnable bottles for cleansing
purposes, and this cost would be borne by the consumer. He
requested Council consider legislation being introduced in
Sacramento which will require assessment of all industries
contributing to litter which will raise eight or nine million
dollars to be distributed to communities to assist in recycling
and antilitter measures. He said the proposed Ordinance was
unconstitutional in that it would require the manufacturer to mark
the bottles.
On behalf of the Marin Conservation League,
stated their support of the City's proposed
Gordon Strawbridge
Ordinance.
of such legislation
CITY COUNCIL MINUTES
The Acting Director stated that by acceptance of
agreement, the City obtains use of the property,
retains the title.
# 431
February 14
n~,.,..~ It
the proposed
while the owner
1977
The City Manager assured Council the agreement was
with the City's General Plan and that it has staff
tion for approval.
consistent
's recommenda-
Edelstein stated his concern of the proposed agreement in that
not enough time was allowed for review of this agreement which
concerned a very complex piece of property.
Aramburu then moved Council accept the proposed agreement as
recommended by the City Attorney and Staff, Seconded by Ellman
Mr. Murad suggested Council reserve the authority to substitute
the correction of the lot line adjustment and requested two
side portions be taken out and a corner be added to the lot
Mayor Tayer requested a provision be added to the agreement
stating the owner could do nothing to the Tower without first
obtaining approval from the City.
Aramburu questioned whether this deed, if accepted, would make
the Resolution moot which was passed in 1974 designating the
Lyford Stone Tower as an Historic Landmark. The Director of
Community ~9pment stated the passage of that Resolution made
the Tower ~ ~ for funding. She then requested of Mr. .
Murad, Attorney for Dr. and Mrs. Caceres, whether they would
dispute the passage of the Resolution if the agreement was
accepted. Mr. Murad stated the Open Space Agreement does
include within it a provision stating the City would have the
right to maintain the property, and the Resolution does not.
He said the agreement did eliminate the problem of dispute as
to lots.
The City Attorney then reported that Dr. and Mrs. Caceres were
prepared to offer an open space easement on the property on
which the Tower is located in that no development will occur
on the property and that the City may go ahead with proceedings
to retain the Tower as an Historic Landmark. The City would
then release the notice of violation which was placed on the
property due to the illegal subdivision. He also stated that
a small portion of the Tower is located on one of the triplex
lots and should therefore have a lot line adjustment to include
that portion of the Tower on its own lot.
Mr. David Teather read a poem he had composed of the Lyford
Stone Tower. Barbara Brown, Administrative Aide and Staff Liaison
to the Heritage Adivsory Committee, summarized the course of
events leading up to the designation of Lyford Stone Tower as
an Historic Landmark
DESIGNATION OF LYFORD STONE TOWER AS
HISTORIC LANDMARK
FILE NO: 1041
ACTION: Resolutions
Nos. 878 & 879
Passed.
6
Recess was called at 9:50 p.m
roll call as originally noted
with Council reconvening at 10:00 p.m
,
RECESS
Council then requested the City Attorney study the Ordinance as
to its legality and make the proper amendments before the Ordinance
comes back for second reading.
Moved
Vote:
To Pass First Reading of AN ORDINANCE OF THE CITY
OF TIBURON REGULATING THE SALE OF BEVERAGE CON-
TAINERS
Edelstein,
Unanimous
Seconded by Aramburu
MOTION
After further discussion as to the constitutionality of the
Ordinance, Ellman moved the Ordinance be read by Title Only,
Seconded by Edelstein, and Passed Unanimously.
February
Page ::.
MOTION
Moved
Vote:
To Accept Staff Recommendations that No Public
Nuisance Exists and that No Further Action is
Warranted by the City.
Ross, Seconded by Ellman
Unanimous
CITY COUNCIL # 431
MINUTES
14
,
1977
Ross stated he had reviewed the submitted material and agreed
with the contention of the Deputy City Attorney and the Public
Services Committee that no public nuisance exists and that no
further City action is warranted.
ANIMAL NUISANCE (Continued from 1/24/77
City Council Meeting)
FILE NO: 5101
ACTION: Staff Recom-
mendations Accepted
8
VIII.
OLD BUSINESS
Moved:
Vote:
To Approve Resolution No. 880 as Amended, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBU~ON
CERTIFYING THE ZELINSKY MASTER PLAN EIR AS COMPLETE
AND IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENT~
QUALITY ACT.
Aramburu, Seconded by Ellman
Unanimous
MOTION
After presentation by the Acting Director of Community Develop-
ment, Council requested the base map be made current to include
the expansion of the Tiburon Lodge and that a scale be added.
They also requested a provision be incorporated into the resol-
ution stating that Council makes no conclusions at this time
as to the development of the project. Aramburu moved to open
the Public Hearing, Seconded by Ross and Passed Unanimously.
As there was no input from the public, Aramburu moved to close
the Public Hearing, Seconded by Ross, and Passed Unanimously.
ZELINSKY MASTER PLAN EIR
Certification)
FILE NO
ACTION:
No. 880
E76001
Resolution
Passed
7
MOTION
Moved
Vote:
(Request for
To Pass and Adopt Resolution No. 879, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TIBURON DESIGNAT-
ING LYGORD'S STONE TOt~R AND ITS SITE AS AN HISTOR-
ICAL LANDMARK.
Ellman, Seconded by Aramburu
Unanimous
Ellman then moved to close the public hearing
Aramburu and Passed Unanimously.
,
seconded by
The City Council expressed appreciation on behalf of the
community to Dr. Caceres in helping the City resolve this problem
in a satisfactory manner
Erwin Farley of the Landmarks Society offered to assist the
City in the preservation of the Tower
Gene Marans, Chairman of the Tiburon Heritage Advisory Committe~
then gave a presentation on the history of the Lyford Stone .
Tower. Mayor Tayer noted that many letters had been received
requesting designation of the Tower as an Historic Landmark.
140ved
Vote:
To Adopt Resolution No. 878, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TIBURON ACCEPTING GRANT
OF OPEN SPACE EASEMENT (Stone Tower) and to
Authorize the Mayor to Execute the Agreement and
Direct Staff to Release the Notice of Violation.
Aramburu, Seconded by Ellman
Unanimous
MOTION
Several members of the audience expressed concern over the
possibility of development on the adjacent parcels causing a
view obstruction or overpowering the Tower. This matter is to
be discussed before the Board of Adjustments and Review hearing
Aramburu requested amendment to the agreement to add the word
"Structure" to page 2, item 2, line 6.
The City could then proceed to apply for funding
of the Tower.
for restoration
February 14
Page 6
CITY COUNCIL
MINUTES
# 43l
,
1977
14
MMWD
WATER ALLOCATION ORDINANCE
(Discussion of Proposed Ordinance
IX.
NEW BUSINESS
Staff recommended this matter be continued in order to receive
input from the Parks & Recreation Commission and the Planning
Commission after their workshop meeting scheduled for February
23, 1977. Mayor Tayer directed Staff to research the City files
to obtain materials from 1972 and 1973, preceding, during, and
subsequent to the Sasaki/Walker Plan for both the Commissions'
review at the meeting.
RICHARDSON BAY LINEAL PARK PAR COURSE
(Planning Commission Recommendations)
13
RICHARDSON BAY LINEAL PARK MASTER PLAN
(Planning Commission Recommendations)
FILE NO:
ACTION:
3053
Continued
12
MOTION
Moved
Vote:
Aramburu reported on his appearance before the Board of Super-
visors regarding Tiburon's HCD Block Grant application. He
stated thirty percent of the Hilaiita residents responded to
a questionnaire sent out regarding their interest in the con-
struction of tennis courts at the project. They indicated
strong support of the concept and Aramburu then requested Mr
Toberer, Manager of Hilarita, compose a list of Hilarita
residents interested in tennis instruction and other tennis
programs. Council requested the City work with Belvedere in
establishing a common program in this matter.
To Approve and Authorize the Mayor to Execute the
Joint Tennis Courts Agreement.
Ross, Seconded by Ellman
Unanimous
FILE NO: 3061
ACTION: Agreement-
Accepted.
11
JOINT BEL/TIB TENNIS AGREEMENT
MOTION
Moved
Vote:
To Endorse Resolution No.1, A RESOLUTION OF THE
BELVEDERE/TIBURON JOINT RECREATION COMMITTEE
COVERING THE PO~mRS AND DUTIES OF THE COMMITTEE
Ross, Seconded by Aramburu
Unanimous
(Revised)
Aramburu complimented Chairman Rockey and the Committee in the
manner in which they resolved the problem of redrafting the
Resolution outlining their duties and functions. Chairman
Rockey also expressed his appreciation to the City Managers of
Tiburon and Belvedere and to Councilwoman Levitt of Belvedere
for their assistance in the completion of this Resolution.
FILE NO: 6201
ACTION: Council
Endorsed Resolutipn
No. 1 of the Joint
Recreation Committee
10
JOINT RECREATION COMMITTEE
Moved
Vote:
To Adopt and Pass Second Reading of Ordinance No
l82 N.S. AN ORDINANCE OF THE CITY OF TIBURON
AMENDING CHAPTER 20 OF THE TIBURON MUNICIPAL CODE
BY RAISING REDEMPTION FEES AND REVISING NUISANCE
ABATEMENT PROCEDURES.
Ross, Seconded by Ellman
~. 'yes Ellman, Edelstein, Ross Aramburu
Noes Tayer
(Resolution No
1)
MOTION
After presentation by the Chief of Police, Ellman moved to read
the Ordinance by Title Only, Seconded by Edelstein, and Passed
Unanimously.
FILE NO:
ACTION:
182 N.S
5101
Ordinance No
Passed.
9
ANIMAL CONTROL
Ross requested discussion of a personnel complaint matter in
Executive Session.
(Ordinance
2nd Reading
The City Manager requested this item be removed from this
evening's agenda and continued to a later meeting since ~~~ is
still in the discussion stages of the Ordinance.
15 STATE PARK BOND ISSUE OF 1976 FILE NO: 2039.1
(Distribution of Funds to County and ACTION: Endorsement
Cities of Marin) of Per Capita Formul~
It was Staff's recommendation that a straight per capita formula
be the City's recommendation to the Board of Supervisors for
allocation of the State Park Bond Issue of 1976.
MOTION: To Accept the Staff Recommendation to Urge the
County Parks, Recreation, and Open Space Commission
to recommend a Straight Per Capita Formula to the
Board of Supervisors for Allocation of the State
Park Bond Issue of 1976.
Moved: Ross, Seconded by Aramburu
Vote: Unanimous
16 ANNUAL POLICE REPORT (1976 ) FILE NO: 5001
ACTION: Report Accepted
After review of the.report, Mayor Tayer requested Staff convey
to CAL/TRANS the results of this report showing the hazardous
conditions of various intersections and areas on Tiburon
Boulevard.
MOTION: To Accept the Annual Police Report for 1976.
Moved: Ross, Seconded by Ellman
Vote: Unanimous
XI. STAFF REPORTS
17. REPORT ON POLICE NOVA UNIT FILE NO: 1019
ACTION: Report Accepted
MOTmON: To Accept the Staff Evaluation of the Chevrolet Nova
as a Police Car.
Moved: Ross, Seconded by Ellman
Vote: Unanimous
18. SOUTHERN PACIFIC PLAN (Status Report) FILE NO: 3011
ACTION: Report Received
Aramburu requested staff write a letter to Southern Pacific
inquiring whether they would be willing to reduce the~.~~f=~
proposed parking lot, to allow validated parking, and to allow
for parking of bicycles and motorcycles. parking fee for the
use.of the
19. POLICY REGARDING APPOINTMENTS TO COMMISSIONS FILE NO: 1054
& BOARDS ACTION: Staff
Recommendations
Accepted.
MOTION: To Accept 'the Staff Recommendation that No Change
be Made in the City of Tiburon's Appointment Policy
Concerning both Terms of Office and Staggering of
Appointee terms.
Moved: Aramburu, Seconded by Ellman
Vote: Unanimous
v. APPOINTMENTS TO BOARDS AND COMMISSIONS
The Interview Committee recommended three appointments as a result
of the oral board held on January 29, 1977. Leon Olver was appointed
to the Heritage Advisory Committee, Knowles Hall and Arthur Gimmy
were appointed to the Board of Adjustments and Review.
MOTION: To Approve the Recorr~ended Appointments.
Moved: Ellman, Seconded by Ross
Vote: Unanimous
The City Manager noted that several people who were interested in an
appointment were unable to attend the interviews; however, he will
indicate to them that they will be eligible for future considerations
CITY COUNCIL MINUTES # 431 February 14, 1977
Page 7
19 POLICY REGARDING APPOINTMENTS TO COMMISSIONS FILE NO l054
& BOARDS
Mayor Tayer suggested preparation of a regular set of procedures
for Commission, Board, and Committee appointments.
3 CHAPTER 8 TAX SALE (Notification of Non- FILE NO: 3080
Interest by City) ACTION: Referred to
P & R Commission and
CIA.
Council requested this matter be referred to the Parks & Recrea-
tion Commission and the Corinthian Island Association for their
review and recommendations as to whether interest should be
placed in the indicated parcels (Nos. 23-090-06, 55-201-25,
60-105-60) .
20 FUTURE AGENDA ITEMS FILE NO: 1014
ACTION: Report Received
Council accepted the recommended tentative agenda items and dat~s.
XII. fOMMUNICATIONS, ORAL REPORTS, & CITY MANAGER ITEMS
A. RBACTIVATION OF CCPC
MOT~ON: To Recommend to the Board of Supervisors the
Reactivation of the City/County Planning Commission
to Review the Countywide Plan and to Serve as the
Implementation Agency for the Plan; and to Suggest-
First Priority of the CCPC as being the Proposed
Land Uses for Hamilton Air Force Base, and that
this Matter be Agendized for the Marin County Mayors
and Councilmens meeting.
Moved: Aramburu, Seconded by Ellman
Vote: Unanimous.
B. STATUS OF SABELLA'S USE PERMIT (Oral Report)
The City Manager reported that the tables which were blocking
the Promenade have been removed.
C. CITY WATER CONSERVATION MEASURES (Oral Report) ;
The City Manager reported that the City of Belvedere has requested
that Tiburon join efforts with them in appointing a well-digging
committee to research possibilities and feasibilities of. well
digging on the Peninsula.
D. JOINT CITY COUNCIL, PLANNING COMMISSION, & BARKS & RECREATION
MEETING
The. City Manager reported a Joint Meeting was planned for Satur-.
day, March 19, 1977, at the Audubon Society meeting room, 9:30
a.m. to 1:00 p.m., to discuss the Richardson Bay Lineal Park
Plan.
E. Mayor Tayer reported on a meeting held with the Superintendent of
the Tamalpais Union High School District regarding possible
uses for the Tiburon School Site. Studies are to be made and
a report will be ,brought back at a later date~ \
F Mayor Tayer noted that March has been designated as Red Cross
Month.
G Mayor Tayer stated that the PUC has requested residents cooperate
in turning off heat in pools to conserve energy.
H Edelstein inquired as to the possibility of using gray water on
City right-of-way.~=a~~=~eewfte~~=~r~~=iandge~rn~.
The Superintendent of Public Works stated at this time the State
Quality Water Control Board will not allow use of gray water by
private individuals and that precise records must be kept of
when wastewater is used and the locations. He also stated more
manpower and equipment would be required to assist homeowners in
watering.
CITY COUNCIL MINUTES # 431 February 14 1977
Page 8
XI EXECUTIVE SESSION
Called at 12:40 a.m
XII ADJOURNMENT
As there was no further business, Council adjourned at 12:55 a.m.,
Tuesday, February 15, 1977, to the next regular meeting of February 28,
1977, at the Audubon Society.
--- ~
,\~
DONALD S. ~
City of ~
ATTEST:
~
APPROVED:
1977
CITY COUNCIL MINUTES # 431 February l4, 1977
Page 9
CITY COUNCIL MINUTES
Clarence Bullard requested citizen support and participation with
the Police Department in guarding against pedestrian hazards at City
t 432
February
P1.ge 1
28
1977
(b)
Council stated their appreciation to Mr. Kemp and requested they be
kept informed of any new improvements and services.
PEDESTRIAN SAFETY
IN CROSSWALKS
(Clarence Bullard)
Council discussed the possibility of extending the service from
Tiburon to Sausalito. Mr. Kemp stated that Harbor Carriers present~y
has a permit in Sausalito for ferry service, but has previously been
unable to receive approval from the Sausalito City Council to imple~
ment such service. Council requested Mr. Kemp look into this possi~
bility. ~
The matter of parking for the ferry was discussed and whether or
not parking should be allowed in the Blackie's Pasture area. Mayor
Tayer stated the idea had been considered previously and was reject~d
since Blackie's Pasture had been designated as a park area. He ~
also stated the idea of the shuttle service was to eliminate the
parking problems, and therefore the promotion of the shuttle and the
education of the community of this service would hopefully cut down:
the congestion and parking problems in downtown Tiburon and on
Tiburon Boulevard. Council discussed sharing facilities with other
ferry services. and Mr. Kemp stated that Harbor Carriers did share
dock facilities with the Sausalito Ferry at this time.
HARBOR CARR:rERS FERRY
Sandy Kemp, General Manager for Harbor Carriers, summarized future
programs for the Tiburon Ferry Service. He stated the ferries would
be painted new colors of red and white and would have a new logo.
They will also be advertisiny. jointly with tne Golden Gate Transit
District in the promotion of the use of ferries and the free bus
shuttle service offered to those utilizing the ferries. He also
stated that Harbor Carriers was planning to implement a noon ferry
service during the summer months in co~junction with the Angel Island
Ferry. One member of the audience inquired as to the possibility of
a late. evening ferry on weekends to the City. Mr. Kemp stated Harb~r
Carriers was evaluating the Larkspur Ferry which presently offers ~
the late evening .ferry to determine whether a market exists for thi,
service. ~
(a)
SERVICE
Sandy Kemp)
\.
III.
PUBLIC QUESTIONS AND COMMENTS
APPROVAL OF MINUTES
i
#431 - Page 1, under Public Questions and Comments, second paragrap~,
line 3, change the word "over-capacity" to "over-sized". Page 4, :;
Item 6, third paragraph, line 5, correct the spelling of the word
"eligible". Page 7, Item 18, line 2, delete the phrase "...size of
the..,. . II and insert ".. .parking fee for the use of the.. ~" Page 8,
paragraph "H", line 2, delete ".~.to assist homeowners in watering
landscaping." and put a period after "right-of-way." Ellman moved
the minutes be approved as amended, seconded by Ross, and Passed
UnanimOUSly.
II
R. L. Kleinert, City Manager; L. Brunini, .Superintendept
of Public Works1 J. Strandgaard, City Engineer: M. Manick,
Chief of Police1 M. McCart, Acting Director of Communi~y
Development; R. Breiner, Deputy City Attorney; B. Brown,
Administrative Aide; C. Grow, Minutes Clerk ~
ABSENT: None
EX OFFICIO:
I.
ROLL CALL
PRESENT
COUNCILMEN:
Ellman
,
Edelstein
,
Ross,
Aramburu,
Tayer
The adjourned meeting of the City Council of the City of Tiburon, State
of California, was called to order by Mayor Tayer at 7:45 p.m., on
Monday, February 28, 1977, in the Audubon Society Meeting Room.
CALL TO ORDER
CORRECTED
CITY OF TIBURON
CITY COUNCIL MINUTES
APPEAL
REVIEW
CITY COUNCIL
OF DECISION OF
(69 East View)
1'CINUTES
~I
432
February
::: ')
FILE NO:
ACTION:
to BOAR.
28
27704
Remanded
10-'7
2.
BOARD OF ADJUSTMENTS
Mayor Tayer noted several letters had been received endorsing
the City's consideration of this Ordinance, one from Senator
Behr, one from the Board of Supervisors, and one from Mrs. Martini
Aramburu then reco~mended the City Manager be directed to sche-
dule a workshop meeting and to invite representatives of Mill
Valley, Sausa1ito, Corte Madera, Supervisor Rice, Assemblyman
liOrnum, a representative from Senator Rain's Office, distributors,
merchants, etc. and that an Ordinance be worked out for first ~
reading. Mayor Tayer appointed Aramburu as Chairman of the
workshop. Aramburu then moved the public hearing be continued
to the regular Council meeting of March 14th, 1977, Seconded by
Edelstein, and Passed Unanimously.
Jim Manteganifrom the Corner Market requested Council pursue a
Countywide or statewide legislation of this bill and not for such
a small area. He also stated that most litter was caused from
tourists who purchase their products elsewhere, and not from the
local residents.
AND
Mr. Neill Smith of Marin Environmental Cooperative stated this
Ordinance was weaker in concept, but stronger in reality and
stated his support of the revisod proposed ordinance.
A representD.t:Lve f:t'C:'.1 ~:!:o Go:Lden G?te Distributing Company
endorsed staff rccG~~encationo to continue this matter and also
stated that more :::;tudy \\.as required on this matter. He comment..cp
that an Ordinance of this type ~..,ould not work "one town at a
time. II
Mr. Leon Dillenburg
spoke and requested
0::
1..... '"'
..~
the Northern California Grocers Association
be ~ to attend the workshop session'.
invited .
Mr.'Tom Roberteon gave a su~~ary of the progress of Mill
Valley in re~;::r\~~.3 '::0 thi:.ir l"-:JDsideration of this ordinance and
outlined many prc~~~~s the7 "src facing and how they were resolv-
ing these proble~s.
Because several involved persons had not yet had a chance to
review the revised Ordinance, Aramburu suggested continuing fiT~~
reading of this Ord;.nance until March 14th. He then moved 'to
open the Public Heari~g, Seconded by Ross, and Passed Unanimously.
The City Manager outlined the background of the Beverage Container
Deposit Ordinance and the major concerns expressed by Council ;
at the previous rneetingsa He reco~nended continuing this matter
to the March 14th ~eeting and d~ring the interim, conduct a '
workshop session b8tw8en a cc~~ittee of the Council, Staff, and;
local merchants; and tha';: Council strive towards a uniform
bottle bill ordinance bei:wzen the cities of Mill Valley, Sausa11to
Tiburon, and Corte M~der~o The City Attorney then outlined the.
differences in the present propoDcd ordinance and the previousl~
propOsed ordinnn'ce;'i.e.., the deletion of any reference that the
Ordinance be applicable to the manufacturer or distributor, a .
provision that any retailer has the option of marking their own
bottles, and a provision for refillable bottles to encourage th~
use o'f refillable bottlc3. '
Ellman.,
eaua.i~ inquired abou~ the ntatun of the Berkeley suit and the
City Attorney ~eplied that the judge had granted a preliminary
injunction against th~ en=orccmc~t of the ordinance and .it has
not.yet corns to trial. .
BEVERAGE CONTAINER DEPOSIT
2nd Reading)
FILE NO
ACTION:
3/14/77
1040.1
Continued to
I
.
(Ordinance
IV.
PUBLIC HEARINGS
~
crosswalks. He proposed octangular stop signs in red and white be
used by pedestrians while crossing streets. This matter was referred
to the Traffic Safety Committee for their consideration at their .
regular meeting of Friday, March 4, 1977.
February
Page 3
CITY COUNCIL MINUTES # 432
FILE NO: Working
ACTION: Report
Received.
After discussion of the format of the report, Ellman requested
perhaps adding a column in the report showing how many applica-
tions were approved with conditions. The City Manager commended
the Commission and noted that no condominium conversions took
place in 1976, and that the building revenues had been decreased
COMMUNITY DEVELOPMENT REPORT
of City Planning Activities)
Report
28,
1977
4
(Annual
VI
a noise
including
NEW BUSINESS
Ellman then recommended a small fund be budgetffi~tduring the
budget hearings for the purchase of a decibel ~~~. Edelstein
also requested the previously requested amendments be added to
the Noise Element and that a pUblic hearing be agendized to dis-
ordinan~ss^the construction starting and stopping times in relation
to noise, and that staff review the existing ordinance to deter-
mine what they do and do not provide for in regard to noise
regulations. Question was called and the motion Passed Unanimously
Aramburu moved to adopt Resolution No. 881, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TIBURON ADOPTING A NOISE ELEMENT AS
PART OF THE GENERAL PLAN OF THE CITY OF TIBURON, Seconded by
Ellman.
The Acting Director of Community Development recommended adoption
of the Element, but that no action be taken in regard to the
Ordinance at this time. The City Attorney stated the Ordinance
was not needed at this time as our present laws were consis-
tent with the proposed Element. He also stated the adoption of
the Ordinance would be necessary when our present laws no longer
apply satisfactorily.
NOISE ELEMENT OF GENERAL
by Resolution)
FILE NO: 47601
ACTION: Resolution No
881 Passed.
3.
PLAN
(Adoption
v,
RECESS
Recess "as called at 10:00 p.m
roll call as originally noted.
OLD BUSINESS
.
,
with Council reconvening at 10:
05 p.m
. ,
The Mayor then directed this matter be put on the agenda for the
March 1st Board of Adjustments and Review meeting.
After further discussion, question was called
Passed by the fOllowing vote: Ayes: Ellman,
Aramburu; Noes: Ross.
and the motion
Edelstein, Tayer,
Both Dr. Sugarman and Mr Koehler spoke in defense of their
positions and the tenant at 59 East View also spoke on behalf
of Dr. Sugarman.
Edelstein requested the Board consider several alternatives
pertaining to the lot lines and the possibility of extending th$
walkway in question to the other side of the house '
Ross stated concern over the Board holding a hearing after having
received a written request from Dr. Sugarman that the hearing
be postponed. He then moved the matter be remanded back to the
Board of Adjustments and Review for further hearing and that
this Public Hearing be continued, Seconded by Edelstein.
Jim Wilson, Chairman of the Board of Adjustments and E.v~ew,
stated the Board had granted the variance after having adequately
heard all sides and requested that Council make a decision this
evening and that the matter not be remanded back to the Board.
It was the recommendation of the Acting Director of Commurlity
Development that this matter be remanded to the Board of Adjust-
ments and RG~ew in order to receive further input from prop~~ty
owners and ~or further consideration by the Board. Ellman the~
moved the Public Hearing be opened, S~conded by Aramburu, and
Passed Unanimously.
-~~tr ;~~~~~-'..:
.10 ~.
~
}
.~
'j
,t.
i.....
\
'.j
I
. ..,
'~.~
:, ~j
"'.";,~
::"Jl
.~
'1
"
February
Page 4
28
1977
CITY COUNCIL
The City Manager reviewed a recent meeting held between the
City Council Public Services Committee and representatives from
the Public Utilities Commission. Ellman suggested the letter to
the City from Pacific Telephone Company be sent to the Public
Utilities Commission and ~.equest a clear reading of their presen~
regulations and their assitance in establishing an underground-
ing program. The City Manager noted there presently is $70,000
avai a}:>le iA Ru e. 20 m.q..nie~s, ~~Jn~~teecblft:~ ~dthe
. 0 -+i:i:r. 1 s ~~1 ..: n~.-tn e ~ 1!Cj ~ ~ -to- -t:he--c:tty
'" e 1 ~~ 11 .
~~! , an ~ at t matter be agend1zed for a
later City Council meeting.
MINUTES
#
432
UNDERGROUNDING OF UTILITIES (Public
Services Committee Meeting with PUC
FILE NO: 4500
ACTION: Report
Received.
9
.
Edelstein noted an article in the ARK from Dr. Lawrence Drew
commenting on the parking conditions on Paradise Drive, and
Edelstein requested staff review the whole parking situation
on weekends on Paradise Drive. This matter was referred to the
Traffic Safety Committee for consideration. Ross then moved the
report be approved, Seconded by Aramburu, and Passed Unanimously
After presentation by the Chief of Police, Council requested a
report be received at the next regular meeting of the Council
as to the costs and effects of removing the south-westerly corner
of the island in front of the Windjammer on Main Street, to allow
for right turns off Main Street onto Paradise Drive.
TRAFFIC SAFETY COMMITTEE
Street Re-Evaluation)
FILE NO: 5008,
ACTION: Report
Ap~roved.
8
(Downtown Main
3012
VIII
STAFF
The City Manager stated he requested members of the State
Department of Parks & Recreation appear before the City Council
at a future meeting with proposals for future facilities for
Angel Island. Ellman requested Mrs.-bivermere-be-eontaetee-fer
he~-~eeeMMefteatiefts-and-ide~s-on-faci!ities-for-Anqel-fs!and.
Mrs. Theodore Wellman b~,contact~d for. Mrs. Livermore's ideas
nn facilities for Angel Island.
REPORTS
ANGEL ISLAND PUBLIC HEARINGS
Improvements to Angel Island
(Fu1:ure
Facilities)
FILE NO: 3060
ACTION: Report
Received
7.
VII
.
CITY COUNCIL COMMENTS
Council requested a report be received on the progress of the
Residential Review Board and their performance and that this
matter be agendized for a later meeting. Ross then moved to
accept staff recommengations that no action be taken on the
Sausalito request, ~U~ that staff be dir~cted to.wp+~ with the
County in drafting a possible amendment ~~Eei~eE!iQe~!sl'~~~ieft8,
Seconded by Aramburu, and Passed Unanimously. -
AND COMMITTEE
REPORTS
RESIDENTIAL DEVELOPMENT REVIEW BOARD
(Sausalito Amendment of In-Fill Map)
FILE NO: 3056
ACTION: Staff
Recommendations
Accepted
6
After discussion of the Nemorandum of Understanding, Ellman
moved the Mayor be authorized to execute the agreement, Seconded
by Aramburu, and Passed Unanimously. ..
RING MOUNTAIN (Memorandum of Understanding
- Corte Madera, County, and Tiburon)
FILE NO: 3030
ACTION: Approval
of Agreement.
5
about 5 to 10 percent. The Acting Director noted that since the
first of July, the City has received 77 percent of their total
projected building fees for the entire year and that her Depart-
ment is currently processing $7,000 in permit fees. Aramburu
then moved for acceptance of the report, Seconded by Ross, and
Passed Unanimously.
IX. COMMUNICATIONS, ORAL REPORTS, & CITY MANAGER ITEMS
A. The City Manager reported on. a proposed program with Standard
Oil Co. to obtain drums for water storage. The Water District
has requested this program be channeled through them..
B. The City Manager requested Council's consideration of the
federally mandated Unemployment Insurance Benefits for Public
Employees program. Mayor Tayer requested this matter be deferr~d
for more specific information.
c. Mayor Tayer spoke as to the status of the Environmental Impact
Statement onoTiburon Boulevard Realignment., and since no inform-
ation had been received, he requested authorization to write to
Governor Brown with copies to appropriate agencies regarding
this matter. Ellman moved for authorization that the Mayor
write the requested letter, Seconded by Ross, and Passed
Unanimously. Mayor Tayer also stated he would send copies of
the letter to the press.
D. Ellman moved letters be written to all Marin cities stating
of Assemblyman the City of Tiburon's supportl\ef discontinuing Mendocino and
Wornum f s bill Del Norte Counties' representation on the Golden Gate Bridge
discontinuing Transit District Board, Seconded by Aramburu, and Passed
Unanimously.
B. Ellman moved the City endorse Assemblyman Wornum's bill to
increase the sales tax for transit purposes to one-half cent,
Seconded by Ross, and Passed Unanimously.
F. Ellman requested support of Senate Bill 100 be deferred for
further clarification of the matter~ Senate Bill 100 would
raise gas taxes up to 3 cents for maintenance and construc-
tion of roads between cities.
G. Mayor Tayer noted an invitation from Supervisor Denis Rice
to attend a breakfast meeting scheduled for March 11, 1977,
at 8:00 p~m. at Howard Johnsons Motel to discuss mutual pro-
blems facing the Third District.
H. Mayor Tayer noted a letter from the Sagamore Corporation stating
their intention to file a 43 unit subdivision to be constructed
on Red Hill and withdrawing the EIR on the 50 unit condominium
proposal previously submitted.
I. Mayor Tayer stated a letter had been received from KQED T.V.
requesting April 11 through l7 be designated as KQED Week.
Aramburu so moved, Seconded by Ross, and Passed Unanimously.
J~ Mayor Tayer commended staff and the Parks & Recreation Commission
on the success of the Dedication of McKegney Green.
x. ADJOURNMENT
As there was no further business, the meeting was adjourned at 11:40
p.m~, Monday, February 28, 1977, to be reconvened March 14, 1977, ,
in the City Council Chambers.
~D-7 r
laYO~ -
Ci ty c L
ATTEST:
~
APPROVED:
, 1977
CITY COUNCIL MINUTES 3 432 February 28 1977
Page 5
CITY COUNCIL MINUTES
Mr. Timothy Kasten, a representative from the Transcendental
Meditation Society, extended an invitation to the City Council to
attend their "Spring Festival" scheduled for March 20th to discuss
"Creating an Ideal Society in Marin County."
# 433
March 14,
Page 1
1977
v
PUBLIC QUESTIONS AND COMMENTS
Mayor Ross then took the Chair and conducted the remainder of the
meeting. He opened the nominations for Mayor Pro-Tempore, upon
which Ellman nominated Edelstein, Seconded by Tayer, and Passed
Unanimously. Aramburu moved the nominations be closed, Seconded
by Ellman, and Edelstein elected by acclaimation.
The City Manager thanked the Mayor on behalf of the staff and took
the Chair to receive nominations for Mayor. Tayer nominated Ross
as Mayor, Seconded by Ede&fl~~~n, and Passed Unanimously. Aramburu
moved the nominations be il~ed, Seconded by Ellman, and Ross
elected by acclaimation.
IV
ELECTION OF
Aramburu commented the Mayor had achieved an excellent rapport with
federal and state representatives and noted several other achieve-
ments the Mayor had been instrumental in accomplishing.
MAYOR
AND MAYOR PRO-TEMPORE
III
#432 - Page 2, Item 1, paragraph 2, delete "Council"and insert
"Ellman". Same page, paragraph 5, delete "allowed" and insert
"invited". Page 3, Item 3, paragraph 3, line 2, delete "reader" and
insert "aeter". Same paragraph, line 5, insert after "discuss",
"a noise ordinance including...... Page 4, Item 6, line 5, change
the sentence to read "...Sausalito request, and that staff be
directed to work with the County in drafting a possible amendment
for the infill maps..." Item 9, line 8, change the sentence
to read "Ellman requested a copy of the San Diego franchise with
the utility companies be obtained..... Page 5, "D", line 2, add
.....Tiburon's support of Assemblyman Wornum's bill discontinuing.....
Item 7, line 4, change the final sentence to read "Ellman requested
Mrs. Theodore We1lman be contacted for Mrs. Livermore's ideas on
facilities for Angel Island." Edelstein moved the minutes be approved
as amended, Seconded by Ross, and Passed Unanimously.
MAYOR'S COMMENTS
Mayor Tayer gave a summary of activities.that have taken place
since he took office on March 9, 1976. He commented on the many
examples of cooperation between the School Districts, the County,
Belvedere, Staff, and various other agencies in achieving the many
accomplishments throughout the past year, and he hoped to see this
cooperation renewed and continued. He also expressed his apprecia-
tion to the various City Commissions and Committees, and to the
Council for their support.
II
APPROVAL OF MINUTES
R. L. Kleinert, City Manager; L. Brunini, Superintendent
of Public Works; J. Strandgaard, City Engineer: M. Manick,
Chief of Police; M. McCart, Director of Community
Development; R. Conn, City Attorney; B. Brown,
Administrative Aide: C. Grow, Minutes Clerk
EX OFFICIO
ABSENT
None
Ellman
Tayer
PRESENT
COUNCILMEN:
Edelstein
,
Ross,
Aramburu
(7:55) ,
I
The adjourned meeting of the City Council of the City of Tiburon,
of California, was called to order by Mayor Tayer at 7:45 p.m., on
Monday, March 14, 1977, in the City Council Chambers.
ROLL CALL
State
CALL TO ORDER
CORRECTED
CITY OF TIBURON
CITY COUNCIL MINUTES
CITY COUNCIL MINUTES
BEVERAGE CONTAINER DEPOSIT (Continued Public
Hearing - 2nd Reading of Ordinance)
#
433
March 14
Page 2
FILE NO:l040.l
ACTION:lst Reading
Passed
1977
4
.LII
PUBLIC HEARINGS
1
2
3
TRAFFIC SAFETY COMMITTEE
(b) Crosswalk Safety at Juanita Lane and Beach Road
CHAPTER 8 TAX SALES (Parks & Recreation Commission
Recommendations)
APPOINTMENT OF DIRECTOR OF COMMUNITY DEVELOPMENT
Ellman moved for approval of the Consent Calendar as amended,
Seconded by Aramburu, and Passed Unanimously. The approved Consent
Calendar is as follows:
Edelstein requested Item lea)
and considered under XI. City
be removed from the Consent Calendar
Council Comments and Committee Reports
VII
CONSENT CALENDAR
Chairman Parker noted the Fine Arts Commission had unanimously
voted to recommend the Council appoint an advisory member of the
commission to attend meetings in regard to the development of the
downtnwn area by Southern Pacific Railroad to keep the Commission
advised of any artistic opportunities during the development stages.
He requested a one percent budget be approved to be set aside during
the development for artistic purposes. He also endorsed the concept
as stated in the memorandum from the City Manager of pursuing the
possibility of moving the Civic Center to Reed School. Mayor Ross
endorsed the Commission recommendation to appoint an advisory member
to attend meetings in regard to the downtown development by Southern
Pacific and recommended they appoint such a member at their next
meeting. Tayer suggested the Fine Arts Commission pursue funding
grants available through the California Arts Council.
(b)
Bill Lukens gave a summary of projects being considered by the
Residential Review Board. He stated the purpose of the Board was
to confine the growth in Marin County within the limits set by the
Marin County General Planth.p~ ,~~~~d t~e growth in Southern Marin
was limited to 410 units"l?'ei=~a~. a T};~a~oard has modified the
guidelines to include the provision that no development will occur
in seismologically dangerous areas and the Target Setting Committee
will be discussing this matter at their next meeting. Edelstein
inquired whether low and moderate housing received equal considera-
tion in the Tiburon area and Mr. Lukens indicated they did receive
equal consideration on their point system.
FINE ARTS COMMISSION
(Hal Parker)
(a)
RESIDENTIAL REVIEW BOARD
(Bill Lukens)
VI
COMMISSION REPORTS
Mayor Ross presented former Mayor Tayer with a placque in recognition
of his service as Mayor the past year.
Mr Robert Wayne requested Council review an overlay map showing the
open space areas before consideration of the CahnjLewis Precise
Plan and Tentative Map. Edelstein stated he opposed the practice
of considering the Precise Plan and Tentative Maps at the same
"This some- time because the Tentative Map was very costly to the developer_A He
times induceuequested the City Council consider the Precise Plan separately
the Council before the Tentative Map, and that the Precise Plan be brought to
or Comm. to the City Council before the Planning Commission discussed the
overlook Tentative Map.
details that perhaps should be corrected."
Sherry Levit, Mayor of Belvedere, stated her hopes that the City
of Tiburon and the City of Belvedere could continue to maintain a
positive and constructive relationship throughout the coming year
Mr. Gordon Strawbridge, a Tiburon resident, requested Council look
into the possibility of moving all parking off Tiburon Boulevard
on the waterfront side and that the PG & E poles be removed to
proceed with the waterfront park and not wait for Southern Pacific
and PG & E. Mayor Ross recommended the matter of parking along
Tiburon Boulevard be referred to staff for review and recommendation
CITY COUNCIL MINUTES
Harry Lucky, of Owens-Illinois, suggested employing community volun-
teer clubs to operate the recycling depot and educating the community
of the importance of recycling, instead of passing this ordinance.
# 433
March 14
,
1977
Leon Dillenburg, of the Northe~~n California Grocers Association,
stated the retailer's costs for handling the returnables would have
to be absorbed in other ways such as higher prices of other products
Anthony Campodonico, of New Century Beverage Co., indicated this
legislation would require an additional 80 billion BTU's and that
Tiburon's trippage was presently below the norm. He also stated the
Oregon legislation had failed in that their trippage rate was below
the break-even level and below the FEA standards.
Edelstein indicated there would be a nine month time lag before the
ordinance would go into effect after passage, and that this could
be ample time to work at County or State enactment.
Satake
Dale Sa~, of the Boardwalk Market, requested the education process
come before the passage of the ordinance instead of after. She gave
the results of a poll she conducted in her store and indicated it
would cost the store $257.47 in labor alone per week to handle and
mark the returned bottles~
Nancy Wise stated her support of the ordinance in that voluntary
recycling had not worked. Marilyn Price suggested educating the
Tiburon residents why the ordinance was passed and urging them to
support the ordinance and not shop outside Tiburon
Mr. Hank Easom, a Tiburon resident, requested the City not pass this
ordinance, but enforce the litter laws that presently exist. Dave
Allen, representing the San Francisco Yacht Club, requested the
City observe how successful the Mill Valley Ordinance is before
passage of our own ordinanceft
Dr. Bardwell, owner of the Tiburon Bottle Shop, indicated he had
conducted a poll of shoppers at his store requesting their opinion
of the ordinance. He stated 40 percent indicated they would not
shop in Tiburon if such legisl&tion was passed. He stated he would
support the ordinance if he felt there was public support and indicated
he would donate $25 monthly towards recycling measures as a symbolic
gesture.
Neill Smith, of Marin Environmental Cooperative, requested the
ordinance be amended to include a provision that each store be
required to carry returnable containers in the brands they carry, and
that merchants be required to recycle all returned bottles. He
also stated that one County Supervisor had indicated that if three
cities passed this legislation, then he would induce County legislation.
Tom RObertson, a Tiburon resident, read a letter from State Senator
John R. Garamendi listing the advantages of passing such legislation
Clarence Bullard, a Tiburon resident, spoke in opposition to passage
of this ordina~~~ ~n thnt it placed too great of expense on the
consumer. Bob ~t~, part-owner of the Boardwalk Market, stated
his opposition in that the COFncil had not received adequate commun-
ity input and that a thorough study had not been completed as to
alternatives for resolving this problem. He requested statewide
legislation be pursued because citywide legislation of this type was
unrealistic.
Edelstein moved the Ordi~ance be read by title only
Ellman, and Passed Unanimously.
,
The City Manager noted that if Council favored the revised draft
ordinance dated March lO, 1977, it would have to be returned
for first reading. Councilman Aramburu briefed the results of the
workshop meeting held March 9th with various merchants, distributors,
and other agencies. He stated he intended to agendize this matter
for the Marin County Council of Mayors and Councilmen to urge
support of the legislation in Marin County. He also hoped Belvedere
and Sausalito could be pursuaded to consider such legislation. Ellman
moved the Public Hearing be opened, Seconded by Tayer, and Passed
Unanimously.
Seconded by
CITY COUNCIL MINUTES
ff 433
March 14
Page 4
,
1977
Ellman moved to approve the expenditure of $600 for the purchase
of three performances from the San Francisco Symphony to be
performed on the Tiburon Peninsula during the Fall of 1977,
Seconded by Tayer, and Passed Unanimously
FALL HOME CONCERT SERIES
Request for Funning)
FILE NO
ACTION:
of $600
ture
1030
Approval
expendi-
6
(Fine Arts Commission
x
NEW BUSINESS
Ellman moved for approval to allocate $2000 from the Fine Arts
Commission's fund and $600 to be allocated from the General Fund
Contingency Account, for the purchase of non-fiction reference
books for the Belvedere-Tiburon Branch Library, Seconded by
Tayer, and Passed Unanimously.
LIBRARY FUNDING FOR BOOKS
Recommendations
FILE NO: 1043
ACTION: Approval
of $2600 expend-
iture
5
(Fine Arts Commission
IX.
Recess was called at 11:15 p.m
roll call as originally noted.
OLD BUSINESS
with Council reconvening at 11:20 p.m
,
RECESS
AYES
NOES
Ellman,
Ross
Edelstein,
Aramburu,
Tayer
Aramburu moved the Ordinance, AN ORDINANCE OF THE CITY OF TIBURON
REGULATING THE SALE OF BEVERAGE CONTAINERS, pass First Reading,
Seconded by Edelstein, and Passed by the following vote:
Tayer stated his support of the original draft ordinance dated
1/26/77 in that it required the distributor to sell only those
containers to the vendor that are marked returnable. Therefore,
he moved to pass second reading of the original ordinance dated
1/26/77, Seconded by Aramburu. After further discussion, Tayer
moved to withdraw his motion, and Aramburu his Second.
Aramburu proposed amendment to page 3 of the ordinance that a
provision "e" be added: "Refillable Containers. Every vendor
must carry refillable containers for each brand of beverage car-
ried whenever such beverages are reasonably available in refill-
able containers." And that a following provision "f" be added
stating: "Disposition of Returned Containers. All empty beverage
containers returned to a vendor other than those returned by a
vendor to a distributor or manufacturer for refund of a deposit
shall be segregated by the vendor for pick-up by a salvage
collector for recycling." Tayer requested adding section "b"
from the 1/26/77 draft ordinance under Refund of Deposit to be
added to "b" on the 3/10/77 draft which would require a distri-
butor to accept from a vendor any empty beverage container of
the kind, size, and brand sold by the distributor, or refuse to
pay the vendor the refund value of any beverage container.
Change "c" under Refund of Deposit to read "Every beverage con-
tainer sold or offered for sale in the City by a vendor to a
consumer or by a distributor to a vendor shall....to the beverage
container by the distributor that...." Add under Section 5.
REPEAL. "...upon the enactment of federal, state, or county
legislation..." Council agreed unanimously upon the above amend-
ments and directed the City Attorney to incorporate them into a
revised draft ordinance.
Ellman moved the Public Hearing be closed
and Passed Unanimously.
Seconded by Edelstein,
Jim Mantegani, of the Corner Market, stated the Oregon law did
not pass by the "town by town" method, but at the state level
from the beginning.
CITY COUNCIL MINUTES
#
433
March 14
Page 5
,
1977
The City Manager noted a call received from Bernard McCarthy
of the Innisfree Corporation, a development company, who is
interested in the development of the Harroman Property. The
City Manager was directed to report back at the next meeting of
the status of this matter.
(e)
(1)
(2)
(3)
(4 )
Parks & Recreation Element of the General Plan
Richardson Bay Lineal Park Master Plan
Reed School Facilities as a Possible Civic Center
Review of City Staff Organization
City Manager stated a Joint Workshop session of the Council/
Planning Commission/P & R Commission was scheduled for Saturday
March 19, 1977, 9:30 a.m., at the Audubon Society Meeting Room
to discuss the following items:
,
(d)
Mayor Ross noted a letter received from the Sagamore Corporation
requesting Council consider a new Commissioner to replace James
Mealey who would be able to act on their Master Plan application
(c)
Ellman moved to endorse the ABAG effort to secure additional
federal housing subsidies and that a resolution be drafted in
this regard for passage at the next regular meeting, Seconded by
Tayer and Passed Unanimously.
(b)
LETTER FROM BOARD OF SUPERVISORS
The City Council unanimously endorsed .the City of San Rafael's
request for fire-fighting facilities being located at Hamilton
Air Force Base during the critical fire weather days or on a
permanent basis during the summer.
(Federal Housing Assistance
(a)
LETTER FROM SAN
RAFAEL
(Summer Pre-Fire Planning
XIII
COMMUNICATIONS
The City Engineer submitted the estimated costs for altering the
island at $1620. Tayer moved the matter of whether to cut the
curb of the island in front of the Windjammer Restaurant to
facilitate right turns off Main Street onto Paradise Drive
be referred to the Planning Commission for their consideration
at the time they consider the Downtown Plan, Seconded by Ellman,
and Passed Unanimously.
,
ORAL
REPORTS
,
&
CITY
MANAGER ITEMS
MAIN STREET TRIANGLE
Altering)
FILE NO: 4200
ACTION: Referred
to Planning Commis-
sion
9
WATER CONSERVATION
Water Preservation
(Costs and Effects of
(Review of Tiburon
Procedures
FILE NO: 5006.3
ACTION: Report
Received
8
s
FILE NO: 5101
ACTION: Report
Received
7
ANIMAL CONTROL ENFORCEMENT
(Status Report
XII
STAFF REPORTS
Ellman moved Resolution No. 882, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TIBURON CREATING A "NO PARKING" ZONE ON PARADISE
DRIVE, Seconded by Tayer, and Passed Unanimously.
Ellman recommended the matter of parking and circulation problems
on Paradise Drive from Main Street to ~lar West be referred to the
Planning Commission. He also requested the Commission consider
whether parking should be banned on both sides of Paradise Drive
TRAFFIC SAFETY COMMITTEE
(a) Parking on Paradise Drive
FILE NO
ACTION:
No. 882
4206
Resolution
Passed
XI
1
CITY COUNCIL COMMENTS AND CO~lITTEE REPORTS
(f) The City Manager noted a letter received from the City of
Fairfax requesting Tiburon's assistance in their Marin Town
and Country Club litigation, and to lend our name to their
brief as amicus curiae. Council unanimously agreed to comply
with Fairfax's request.
(g) The City Manager indicated our application for annexation
of the Reedland Woods School and Bel Aire School sites would
be considered by LAFCo on March 16, 1977.
(h) Ellman moved the City support Senate Bill 531 which raises
gas taxes up to 3 cents to be distributed between cities and
counties for road maintenance and construction, Seconded by
Tayer, and Passed Unanimously.
(i) Edelstein noted a communication from Mr. Frank Hill regarding
tree problems. He requested copies of the Tree Ordinance
be forwarded to both parties involved in this problem, and
that a report be received on how successful the Tree Ordinance
is working within the City.
(j) Mayor Ross requested Phyllis Ellman report to Council the
resultq of the hearing scheduled for March 22, on Angel
Island "facility-improvements.
XIV. EXECUTIVE SESSION
Council adjourned to executive session at 11:55 p.m.
XV. ADJOURNMENT
The meeting was adjourned at 12:10 a.m., Tuesday, March 15, 1977,
to be reconvened March 19, 1977, 9:30 a.m., at the Richardson Bay
Audueon Society Meeting Room for a Joint Meeting of the City Council,
Planning Commission, and Parks & Recreation Commission.
~ ~
S, Mayor -
buron
ATTEST:
'R. A
APPROVED:
, 1977
CITY COUNCIL MINUTES # 433 March 14 1977
Page 6
C I r::~:
The Dire~tor of Cc~~~nity Dovelopme~t indicated the Parks &
Recreation El~=s~t of the General Plan would be ready for the
Commis3ions' review by th~ be~in~ing of April and that the
draft \-'''ot1.1d be dir.:-::~:i.butcd ne~'c l;';e2k for review and comment.
She n~tcd the 1~73 qt:'.c:Jtl...n!12.5_re sent out by the Parks &
Recra2.t.icn CO:.:"uif:':"'i~~~l had b~sn utilized as the basis for the
drafti~g of this plan. Parks fi Rscreation Commissioner Price
stated the Co~iss~_-::n \vas al~o cc~s5_der~_ng sending out another
question~a;.re to i:.Lclude ques-:':i.ons pertaining to future and
long-te~m r?cilitic3.
~CtJNCIL
L-!:LNTJ'".2ES
l!.
434
March
19
1977
The City M~nag~~ e~~ted th~t the Tiburon Peninsula Foundatio~~
donet~d p~c:~=~ies in Bleckie's Pasture to the City several
years cga. At th~t time the Foundation requested the City
to l:cep tco~ inforc~d of all futu~e develop~ent plans for that
are~ and to conside= eo~e recognition of Sam Shapero be included
in these plans. Sylvia ROGs, Director of the Foundation,
requ~cted the City Council to designate representatives to
serVG en a joint c~~~itte9 with the Tibu=on peninsula Foundation
to discccs ~:=. S~~piro's future memorialization.
2.
PARKS &
The Ci ty r!?:1.~g~~ n"':~.~c1. "~I-:.::. t 1:1: ~ C::::'::F' ~ c':?8rations budget.
rcqui~c3 all of ~~3 FLC88~t p=cr~~'~Y tax and non-property tax
reve~:~~s to m3.5.~':':~::'!l t!13 Ct"!rEc~t l~vGl of services. Personnel
salc.ric~ 2.nd fr~.:1'].3 b~~cfits ccmprise 75 percent of all
cp~~nting costs. C2pital improv~~ent costs must then be
supplied f=cm other OUtSiG8 funding sources.
R3~REATIG~
EL~MENT OF GENE:a..'\L PLAN
The City M~~~~~r ol:tlined va~ious funding sources for capital
].. ""'r~--:-7-'.~"'- 0'. p.~o~ ,,~.!. '=" oJ: t'.l.~ C'~ ~y ~""d stated the Cl.' ty is cur-
.ll...a.-'....'-' - _... ......c..... .L -"~....... \...:> J. J. '-"" -a- '- ~:.__
rently receiv5.r;g fV.i::13 fro:n the Fed8ral !-~ousing and Conununity
Deve1.0r:~Sl1t. 1'.c't. ~:~'-::..;:='a:m, the Federa.l City Program, State Land
and Ha~cr G:Cc.~.l: F:::'~gra~n, lS"il.~ 0'::n~.:.~. Parka & Recreation Bond
Prog::e.~1 and tha C:lD.r.t.y' s Icc~l Par:c Assistance Program.
Fed~ral rev~nue ~~~~in~ C~3 21so b~~n reinstated and provides
the City ~~ith s~~~~:i~ f~nd3 r~r capital improvement projects.
The City I~~~~;~~ i~~~cd~~ed tha ne~ Parks & Recreation Assist-
ant, ui~ Ls~~~rd, ~L~ diGCUB~~d the organiz~tional structure
of 1:~e City. lIe r~~'-1~oted all ~2..ttcrs relating to the City
Engi~e~r c:: City At:-cc:L:1.ey be d.:L::-ectcd through his office.
Othz..r rr.::.:':'-:':~.":~ c2.~ b~ dircc'~:cd th:::ol:.gh the proper department
h~?d.
REVIEH 0:;' C::'J:7
Respcnc5.b~_li t7)
1
.
O~G:"!-1:L ZATION
(O-..-~rall Structure and Individu~.l
II.
BUSINESS
R. L. K!e:L!'l~rt, Ci ty r.~an2..ger; M. McCart,
Cc!"::.::~~~':' t:-l Dcvclopme:1t; J. LCT."'.bard, Parks
Ac~ist~~t; L. Brunini, SUF9rintendent of
~orks; C. Grow, Minutes Clerk.
Director of
& Recreation
Public
EX OFFICIO
.
.
P~~G'ZNT
.
.
Stewart
Gr~m
F~rley,
Rockey,
Berg
PARKS
&
RECP~~:..T:ON
COr.::lI2SIC~T :
PR~3ENT :
A::~::ZNT ~
P:x3SZNT
Ba~s, Forel1, Bergsund, Mealey
B~rsi~~nto, Elbert, Wilson
.
.
,
Price,
Koehler,
PLANNING CO~~~:SSION
PRE3E:NT:
~S::N'l':
.
.
EdelEt~in, Tayer,
Ellm~n, l-..ra::-.bllru
COUNCIL
.
.
Ross
I.
The a~jourhea me~~ing of the City Council of the City of
of Californi:t, \';'2.f; c:'l.llrCl t.o order by l~::yor Ross at 9: 55
March 19,. 1977, c.:':' the Anc.:lbon. Societ~~ r.1eet-ing Room.
ROLL CALL
Tiburon, State
a.m., Saturday,
,
"'
CALL(.'TO ORD~-
\CITY
....
CORRECTED
CITY OF TIBURON
CCU~~CIL/PLMm:LNG CCMMISSION/PARl{S
&
RECREATION COMMISSION
CI':':7
Mayor Ross said he would appoint a committee made up of one
member of the P & R Cc~~ission! one member of the Planning
Commission, a~~ Co~~~ilm~~ T~~2~, to m~et with the School
District Cc!:'mi 't:.~c~ to disct.1..3~ ~~~ City r s role in the use of
these facili tic:], c.~.'2 to requc -~t that the Board of Trustees
state whether or not they support the concept. Chairman Bergsund
CC't:r~:CIL ~--~~....~~~s
II
434
Harch
19
1977
Barbara Mathsw st~ted a Co~~itte~ has been formed by the Reed.
Union School District Board of Trustees to review and analyze
the status of the present District facilities, and that they
were requested to consider this matter as a possibility.
Chairman Berg~u~d of the Planning Co~~ission requested the
City Man~ger'5 mc~~=~nGU~ d~~cd Fe~ruary 17, 1977 be forwarded
to members of t~~ School Dist~~~t's Committee and to all members
of the City Cc~~isGions.
Edelstein suggested perhaps leasing one of the present vacant
schools on an interim bcsis. Co~issioner Forell suggested a
study be made on what the traffic impacts might be for moving
the City offices to o~c of these areas.
The City M~n~gc~ Q~ccU:1~ed a =~;~~~ =cport which he had pre-
viously sub~itt~1 outli~~ng the udvcntages and disadvantages
of utilizing th~ Re~1 Sc~~ol ~s a p~~sible civic center. The
current $20,000 a~~l1~l ~Gntal n~~ paid by the City for its
present fccilitics could b~ e~roarked for the School District
along with future =~ve~ue Dh~ri~g funds. Also, when two
agencies such as t~~ Schc~l Di3trict and the City apply for
funding, it is usually looked upon very favorably
4
.
REED SCHQOL F~C!LI~:33
Tayer reql~~cte1 c~v~~al dcc~~~nts be submitted to members of
the Corrrrnisf;=.o~3 fo:: rCY..lic-:'T: ? & R Memorandum dated February
1973, th~ July 1973 p:=oposel c~t0rials of the Plan to the.
City Council, co~reG~ondcn~~ ~ro~ Corrmissioner Gray to various
people, the Sc~t6~~~~ 21, 1973 ~~~~randum from Don Pickett to
the Plannir..g Co:-x.~:'Gsion, CC~~-:li-::tec report to Parks & Recrea-
tion Co~~is~ic~ 8~~~a 19/~, J~~u~~y 10, 1974 memorandum from
Phyllis ElL~a~, an~ the Oct~b8r 28, 1974 memorandum from the
Chairman of the ~ ~ R COT~ission.
There was lengthy dis(:ussion as to whether Greenwood Beach Road
should be closed, or ba~ricade1 and cul-de-saced. Also, since
this park is a regional park, the matter of parking should be
a major consiQerntion~ It w~s decided that the number of
parking spaceE a11o~ed should be determined by the kinds of
facilities and UC~3 plann9d fer each area. Priorities for
development were also discus3ed with minor facilities coming
before a re~reati.on comple;t.
The Director indicated the c:.l." -=.:'.. between San Rafael Avenue and
Blackie's Pasture .in to r€~~in as natural as possible with
minimal facilities.
The rew~inder of the park would consist of the Multi-
Use Path end a Parcourse.
4.
Behind the Knoll area
picnic area.
3.
~ould be a passive recreational-
Adjacent to the Complex would be a lawn games area,
an active court area, end parking facilities.
2.
Recreational Complex in the Blackie
to include a gY71, offices, showers,
's Pasture area
etc.
1
The Director was requested to obtain a large plan map from
Sasaki/Walker. She stated the draft General Plan subdivides
the park into phases for development and that this plan would
be incorporated into the P ~ R Master Plan as a subdivision
of it. She noted the following m~jor planned facilities for
the area:
3.
..
RICHARDSON BAY LINEAL PARK MASTER PLAN
requested the City remain flexible in determining which school
might be used.
5 OTHER
Mayor Ross noted he would be meeting with Mayor Levit of
Belvedere once a month to discuss common interests and problems
between the two cities.
III. ADJOURNMENT
The adjourned meeting of the City Council/Planning Commission/
Parks & Recreation Commission was adjourned at 12:50 p.m., Saturday
March 19, 1977, to be reconvened Monday, March 28, 1977, 7:30 p.m.,
in the City Council Chambers.
U~ ~
--
ATTEST:
~
R. L. KLE
APPROVED:
, 1977
-
CITY COUNCIL MINUTES # 434 March 19 1977
Page 3
CORRECTED
CITY OF TIBURON
CITY COUNCIL MINUTES
CALL TO ORDER
, .
The adjourned meeting of the City Council of the City of Tiburon, State
~f California, was called to order by Mayor Ross at 7:40 p.m., Monday,
March 28, 1977, in the City Council Chambers.
I. ROLL CALL
PRESENT: COUNCILMEN: Edelstein, Aramburu, Tayer, Ross
ABSENT: Ellman
EX OFFICIO: R. L. Kleinert, City Manager; L. Brunini, Superintendent
of Public Works; S. Bala, City Engineer; M. McCart,
Director of Community Development: M. Manick, Chief of
Police; R. Breiner, Deputy City Attorney; B. Brown,
Administrative Aide: C. Grow, Minutes Clerk
II. APPROVAL OF MINUTES (433, March 14, 1977)
paqe 1, IV, Paragraph 1, line 4, correct spelling of "closed". Page 2,
paragraph 2, line 5, insert the following sentence at "...developer.":
"This sometimes induced the Councilor Commission to overlook details
that perhaps should be corrected." Page 2, (a), line 5, add after
"units": "this current year". Page 3, paragraphs 3 and 10, correct
spelling of "Satake".
MOTION: To Approve Minutes No. 433 as Amended.
Moved: Aramburu, Seconded by Edelstein
Vote: Unanimous
Absent: Ellman
III COMMISSION REPORTS
(a) ANGEL ISLAND IMPROVEl1ENTS (Phyllis Ellman)
Phyllis Ellman, Member of the Board of the Angel Island Foundation,
noted the current status of the Angel Island improvement master
plan and that the State Parks & Recreation Commission was request-
ing input from the City Commissions and Council before the Master
Plan was drawn up. She stated that another public hearing was
scheduled at the civic Center on April 21, 1977, and that currently
there was $1,000,000 in State Bond Act monies from 1974 earmarked
for Angel Island improvements.
IV PUBLIC QUESTIONS AND COMMENTS
Former Mayor Strawbridge noted that the American Flag was still flying
at this hour at the pandemonium Store and Mayor Ross delegated the former
Mayor to indicate to the occupants the proper observance and display of
the American Flag.
V CONSENT CALENDAR
MOTION: To Adopt the Consent Calendar Existing of the
Following Items:
1. ABAG'S APPLICATION FOR FEDERAL HOUSING
SUBSIDIES (Resolution No. 883)
2. PARADISE DRIVE WALKWAY (Acceptance of Grant
Deed - Resolution No. 884)
Moved: Aramburu, Seconded by Tayer
Vote: Unanimous
Absent: Ellman
vI PUBLIC HEARINGS
-
3. BOTTLE DEPOSIT ORDINANCE (2nd Reading) FILE NO: 1040.1
ACTION: Ordinance No.
183 Passed Second
Reading.
CITY COUNCIL MINUTES # 435 March 28, 1977
Page 1
MOTION To Open the Public Hearing.
Moved: Aramburu, Seconded by Tayer
Vote: Unanimous
Absent Ellman
The following people spoke in support of the Ordinance:
Marsha Reed, Member of the League of Women Voters and
a Tiburon resident
Nancy Wise, Member of the Environmental Forum
Neill Smith, Marin Environmental Cooperative
Gordon Strawbridge, Tiburon resident
The following individuals spoke in opposition to the Ordinance
Bill Waverly, Anchor Distributing Company
Chuck Daniels, Golden Gate Distributing Company
Dale Satake, Boardwalk Market
Jim Mantegani, Corner Market
Joy & Hank Easom, Tiburon residents
Anthony Campondonico, New Century Beverage Company
Marge Pagan, Betty Cox, & Harry Lucky, all of Owens-
Illinois Glass
Leon Dillenburg, N. California Grocers Association
Jack RObinson, Coca Cola Bottling Company
Bud Getchel, Dr. Pepper Bottling Company
Dr. Bardwell, Tiburon Bottle Shop
Lloyd Cooper, Golden Gate Distributing Company
MOTION: To Close the Public Hearing.
l\loved : Edelstein, Seconded by Aramburu
Vote: Unanimous
Absent: Ellman
MOTION: To Read the Ordinance by Title Only.
Moved: Aramburu, Seconded by Tayer
Vote: Unanimous
Absent: Ellman
MOTION: To Pass Second Reading on Ordinance No. 183 N.S
AN ORDINANCE OF THE CITY OF TIBURON REGULATING
THE SALE OF BEVERAGE CONTAINERS.
Moved: Aramburu, Seconded by Edelstein
Vote: Ayes: Edelstein, Aramburu, Tayer
Noes: Ross
Absent: Ellman
4. CAHN/LEWIS PRECISE PLAN (Approval of Phase II - FILE NO: Working
Resolution) ACTION: Resolution
No. 885 Passed
MOTION: To Open the Public Hearing
Moved: Tayer, Seconded by Edelstein
Vote: Unanimous
Absent: Ellman
Sally Shephard, Chairman of the Architectural Review Committee of
the Del Mar Property Owners Association, indicated the Association's
concern over the density of this project, but also stated the
developer and city staff had been very cooperative in reaching a
compromise.
Bob Wayne, of the Tiburon Ridge Association, stated the proposed
Precise Plan violated the Master Plan, the Open Space Ordinance, and
the City's general intent fo~ the use of the land.
Gary Gray, County Parks & Recreation Commissioner, stated concern
over whether the Parks & Recreation Commission had reviewed this
matter in regard to its relation to open space acquisition.
March 28, 1977
CITY COUNCIL MINUTES # 435 P;:Hr~ ,
Aramburu requested a provision be integrated into the Parks &
Recreation Element of the General Plan stating the P & R Commission
is to review all large subdivision plans and land dedications.
Council requested amendment to Item 6 of the Resolution to include
"parcels A, B, and C...II, and Leonard Cahn, the developer, requested
amendment to the Resolution to delete "wastewater" and insert "well
water" .
MOTION: To Close the Public Hearing
Moved: Aramburu, Seconded by Tayer
Vote: Unanimous
Absent: Ellman
r-10TION: To Adopt Resolution No~ 885, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TIBURON APPROVING THE
PRECISE PLAN FOR THE CAHN/LEWIS DEVELOPMENT, as
Amended.
Moved: Aramburu, Seconded by Edelstein
Vote: Unanimous
Absent: Ellman
VII. OLD BUSINESS
5. PERSONNEL RULES AND REGULATIONS (Adoption of FILE NO. 1011
Revised Rules & Regulations - Resolution) ACTION: None
At the request of the City Manager, this matter was removed from the
agenda to be considered at the April 25, 1977 meeting.
VIII. NEW BUSINESS
6. URBAN THOROUGHFARE AGREEMENT (Extension of Cities/ FILE NO: 6209
County Program - Resolution) ACTION: Resolution
No. 886 Adopted
MOTION: To Agendize this Matter for the next Marin County
Council of Mayors and Councilmen's meeting, and
that the Mayor be authorized to write the Board of
Supervisors indicatin9 the City of Tiburon's request
for continuation in its present form of the Urban
Thoroughfare Program.
Moved: Aramburu, Seconded by Tayer
Vote: Unanimous
Absent: Ellman
MOTION: To Adopt Resolution No. 886, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TIBURON RECOMMENDING
CONTINUATION OF THE URBAN THOROUGHFARE PROGRAM BY
THE COUNTY OF MARIN.
Moved: Aramburu, Seconded by Tayer
Vote: Unanimous
Absent: Ellman
7. LEAGUE OF CALIFORNIA CITIES (Payment of Head- FILE NO: 1080
quarters Building Assessment) ACTION: Acceptance
of Staff Recommend-
ations
MOTION: That the City of Tiburon exercise the three install-
ment option and commence annual budget allocations
of $650 for three years beginning with the 1977-78
budget to fund the costs of the new headquarters
building for the League of California Cities.
Moved: Tayer, Seconded by Aramburu
Vote: Unanimous
Absent: Ellman
X STAFF REPORTS
March 28, 1977
CITY COUNCIL MINUTES 3 435 Paa~ 1
8 NOISE ELEMENT (Current Enforcement Procedures) FILE NO: 47601
ACTION: Acceptance
of Staff Recommend-
ations.
Aramburu requested a survey be made and reported at the next Council
meeting of reasonable starting and stopping times for utilities,
unions, and contractors. Tayer suggested perhaps considering a one
hour difference starting time for heavy equipment, and that a pro-
vision be added that would require dogs be kept under cover at night
to prevent barking.
9. HAZARDOUS PEDESTRIAN CONDITIONS AT CAPRICE FILE NO: 5007
RESTAURANT ACTION: Report
Received.
IX. CITY COUNCIL COMMENTS AND COMMITTEE REPORTS
A. Mayor Ross appointed the following City Council Committees:
Administration & Finance: Association of Bay Area Governments:
Bruce Ross, Chairman Hal Edelstein, Delegate
Al Aramburu George Ellman, Alternate
Land & Development: Priority Setting Committee:
George Ellman, Chairman George Ellman, Delegate
Hal Edelstein Al Aramburu, Alternate
Public Services: Redwood Empire Division:
, Don Tayer, Chairman Al Aramburu, Delegate
Al Aramburu Don Tayer, Alternate
Government Relations: City/County Planning Commission:
Hal Edelstein, Chairman Hal Edelstein, Delegate
Bruce Ross
Arts & Recreation:
Don Tayer, Chairman
George Ellman
B. Edelstein noted the Chamber of Commerce had appointed a committee to
represent them at City Council and Commission meetings.
C. Tayer reminded Council that it had been decided by Council last year
that the Administration & Finance Committee was to be present at the
early stages of budget proceedings with the various departments to
ensure they fully hear departmental requests and are thoroughly
informed.
D. The Administrative Aide was directed to compile a list of candidates
for appointments on the Heritage Advisory Committee and the Planning
Commission.
XI COMMUNICATIONS, ORAL REPORTS, CITY MANAGER ITEMS
A, The City Manager noted a letter sent to Council from Gary Giacomini,
Chairman of the Marin County Board of Supervisors, requesting one
member of the City Council and one member of the Planning Commission
from each city be designated to meet with members of the Board of
Supervisors on Thursday, March 31, 1977, to discuss reactivation of
City/County Planning Commission. Hal Edelstein volunteered to attend
this meeting.
B. The City Manager indicated the various bids received for construction
of the Via Capistrano Chain Link Fence.
MOTION: To Award the Contract to Alviso Fence, Inc. at
a Price of $2266 for Construction of the Fence.
Moved: Aramburu, Seconded by Tayer
Vote: Unanimous
Absent: Ellman
C. The City Manager indicated a letter had been received from the State
Parks & Recreation Commission requesting a workshop be scheduled by
CITY COUNCIL MINUTES # 435 March 28, 1977
Page 4
the City to discuss future facility improvements on Angel Island.
Saturday, April 16, 1977, was scheduled for the workshop and Council
specified that Roberta Ferguson, President of the Angel Island
Foundation, and Phyllis Ellman be invited to attend the meeting for
their input.
D The City Manager noted a letter received from John Barrows, County
Administrator, requesting comments regarding the cities of Marin
absorbing the costs for maintaining one air tanker at Hamilton Air
Force Base for the purpose of fire fighting for 150 days during the
fire season at a cost of $77,000. He suggested this matter be
referred to the Fire District and that this be considered as a cand-
idate for federal funding assistance.
E The City ~1anager noted a letter received from Rampton Harvey, of the
Tiburon Peninsula Foundation, indicating several conditions of the
agreement when the B1ackie's Pasture area was donated to the City.'
Council appointed Tayer to serve on a Committee of One to research
the conditions of the City's acceptance of the Blackie's Pasture
property.
F The City Manager noted a letter received from Mr. Tipton, of the
Sagamore Corporation, requesting response from the City Attorney to
specific questions. Council directed the City Manager to write to
Mr. Tipton and indicate these questions can be addressed more
appropriately when the matter is before Council.
G The Director of Community Development noted the City's Tree Ordinance
was working successfully and that no official complaints had been
received as of this date.
H The City Manager indicated that May 6 had been scheduled for a gather-
ing in recognition of Fred Zelinsky at the Corinthian Yacht Club.
Mayor Ross indicated he would serve on'a Committee of One to work
with staff in the planning of this event.
XII EXECUTIVE SESSION
Council adjourned to Executive Session at 12:00 midnight to discuss
litigation matters.
XIII ADJOURNMENT
The meeting of the City Council was adjourned at l2:ls a.m., Tuesday,
March 29, 1977, sine die.
tb.<J
.~
;S, Mayo] -
Cj Lburon
ATTEST:
J/~ r
/'
~. L. ~ ~
Manager/Clerk
~PPROVED:
, 1977
CITY COUNCIL MINUTES # 435 March 28 1977
Pacr~ c:;
April 11
Page 1
CITY
Council reques.tcd t.l:e Ordinance be amended by changing the date
of June 1976 ta M~y 16, 197/ fc= the effective date on the Flood
Insurance Ra"ce l-1:::p, und 1:i1:2t the phrase "no new construction that
is not flood c:~~~:::.t:i.bJ.~c' b:1 2.c1d~d to line 9 under Section 13-1. .
CQt]T:~S!.L
Hli:UTES
#
436
,
1977
HUD FLOOD PLA.IN REGULATIONS
1st Reading)
FILE NO
ACTION:
Passed.
Working
1st Reading
2
Moved
Vote
.
.
.
.
(Ordinance
To Continue the Public Hearing to April
1977.
Arc.mburu,
Unanimous
Seconded by Tayer
MOTION
MOTION
Moved
Vote
.
.
.
..
.
To Open the Public Hearing.
Tayer, Seconded by Aramburu
Ui1,3.n imous
25,
Council requested the Cit7 Attor~cy ~esearch the legality of
paragraph "d" of tho propc::~d resolution. Aramburu requested
staff research the existing regulations of the Downtown Plan
and determine whether the Plan should include consideration of
maximum public acceGS if it were to be rebuilt. Edelstein
requested clarification of paragraph "b".
FILE NO: Working
ACTION: Continued to
4/25/77.
1
DOWNTOWN
PLAN IJ,iEHDI :.2:::T 3
Resolu.cicn
v
PUBLIC HEARINGS
IV
None
PUBLIC QUESTIONS
l~ND c~.j\~r-1ENr:::;3
The Chair appointed COl.::1:.:ilrr..."1n Tayer to represent the City Council
on the Blackie' z Pastu~o l\.rj"ii"i.r;~Y-"Y Cc~ni ttee. The Planning and
Parks & Recreatio~1 CCT.:'::'.1i~::;s:i.c~~:; \"7C:'::(; directed to appoint one member
each to repressnt their C~n~issions on the Committee. It was
suggested that ':i:'~~"'e!: ser",,~'c as ~h.':.irm.:ln for the Committee.
This matter was con.ti.n1.~:3d
"to
""-:.ho April 25,
1977 regular meeting
.
III
APPOINTMENTS TO BOARDS
MOTION:
Moved:
.Vote :
Absent:
To Adopt Minutes No. 435.
TRY2r, Seconded by Ararnburu
-Unafli::,..~:)us
EIIman
COHr:.ISSIO~!S
,
&
COMMITTEES
#434 - Continued to
#435 -
l:.p1:' il
25,
1977
II
APPROVAL OF MINUTES
R. L. Kl.oinert, City r.:2.nager; L. Brunini, Superintendent
of Pl".blic Wc\rks; J. Straandgard, Deputy City Engineer;
R. Conn, City Attorney; M. McCart, Director of Community
Development; C. Grow, Minutes Clerk
EX OFFICIO:
ABSENT:
None
Ellman
'llnyer,
(8:00
Ross
PRESENT
COUNCIL14EN
p.m
. )
,
Edelstein
,
Aramburu,
I
The regular meeting of the City Council of the City of Tiburon,
State of California, was called to order by Mayor Ross at 7:40 p.m.,
Monday, April 11, 1977, in the City Council Chambers.
.
ROLL CALL
CALL TO ORDER
CORRECTED
CITY OF TIBURON
CI'ry COur;CIL MINUTES
April 11
Page 2
,
CITY COUNCIL MINUTES
The City Manager indicated that once a specific area for under-
grounding has been agreed upon by PG & E and the Public Services
Committee, and the funding sources determined, the City Council
will call a public hearing in regard to designating an under-
grounding district.
# 436
1977
UNDERGROUNDING OF UTILITIES
Boulevard)
FILE NO
ACTION:
4500
Report Received
3
(Tiburon
VI
Recess was called at 9:37 p.m
Roll Call as originally noted
OLD BUSINESS
.
.
,
with Council reconvening at 9
:42 p.m.,
RECESS
Moved:
Vote:
That the City not be required to Participate
in Moving, Restoration, or Location Costs of
the China Cabin, but that the City Assist in
Finding a Suitable Site for the Facility; and
that the Planning Commission and Council consi-
der the Relocae~ the China Cabin at the
Time they Consider the S.P. Downtown Plan.
Tayer, Seconded by Ellman
Unanimous
MOTION:
(b)
El1man. stated concern over the purchase of this property as
open space in that he felt the Harroman Property, which is of
higher priority on the open space list, should be considered first
Edelstein indicated he felt the money should be put into land
because of the inflationary loss of keeping it in the bank.
China Cabin
Moved
Vote
.
.
.
That the City Manager Provide a Proposal
Containing Information on Possible Funding
Grants from the County, ~uneeb~B~atUS~f~s
the Harroman Property, and the Current Status
of any other properties the City has previously
Expressed an Interest in as Open Space.
Arambur~, Seconded by Tayer
Ayes: Edelstein, Aramburu, Tayer, Ross
Noes: Ellman
MOTION:
At the request of Mayor Ross, this item was taken out of agenda
order. Erwin Farley, President of the Landmarks Society, urged
the City to purchase the McNaught property at a cost of $100,000,
plus the Landmark's owned Zelinsky Triangle. Joseph Schieffer,
Attorney for the McNaughts, requested assurances that the present
PD zoning on the Zelinsky Triangle property would not be changed
and stated that the McNaughts were prepared to satisfy the
delinquent taxes on their property
LANDMARKS SOCIETY
(a) McNaught Property
FILE NO: 1041
ACTION: City Manager is
to provide a proposal.
6
.
Moved
Vote
.
.
.
.
To Pass First Reading of AN ORDINANCE OF THE
CITY OF TIBURON ADDING SECTION 1'3-1.1 TO THE
TIBURON MUNICIPAL CODE, PROHIBITING CONSTRUC-
TION IN CERTAIN FLOOD ZONES as. amended.
Aramburu, Seconded by Ellman
Unanimous
MOTION:
MOTION
Moved
Vote
.
.
.
.
.
To Read the Ordinance by Title Only
Ararnburn, Seconded by Ellman
Unanimous
MOTION
Moved
Vote
To Close the Public Hearing
Tayer, Seconded by Aramburu
Unanimous
MOTION
Moved
Vote
.
.
.
.
.
.
To Open the Public Hearing.
Tayer, Seconded by Ellman
Unanimous
VII. HEn BUSINESS
4. REVISED EIR GUIDELINES (Planning Commission FILE NO: E-7700l
Recommendations) ACTION: Adoption of
Resolution No. 887
Council requested several amendments be incorporated into the
Environmental Impact Review Procedures and into the draft
resolution.
HOTION: To Adopt Resolution No. 887 as Amended, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TIBURO"L'! AlVlENDI!.lG PROCEDURES FOR ENVIRONHENTAL
IHPACT REVIE':"J.
Moved: Tayer, Seconded by Aramburu
Vote: Unanimous
5. PRE-BUDGET REQUESTS FILE NO: Porking
(a) Police Cars ACTION: Staff Recom-
mendations Accepted.
HOTION: To Approve the Capital Outlay Portion of the
1977-78 Police Budget as follows:
a) Police Patrol Vehicles (2)
1977 Chevy Novas @ 5,250 each $10,500
b) Twinsonic Light Bar (2) @
$400 each 800
c) Partition Screens (2) @ $100
each 200
$11,500
Noved: Aramburu, Seconded by Tayer
Vote: Unanimous
(b) Public t10rks Equipment FILE NO: Norking
ACTION: Staff Recom-
mendations Accepted.
Council suggested the City of Belvedere's participation in
the purchase of the equipment since the equipment would be
used in the maintenance of HcKegney Green of which Belvedere
has full use.
MOTIOH: To Approve the Expenditure of $8,189 for the
Purchase of a Heston r1o'..,er, Ryan Greensaire II
aerator and latvns,..,eeper from the Contingency
Account No. 01, and that the Mayor and the City
Ilanager pursue all possible avenues to ensure
participation by the City of Belvedere in the
financing of these equipment purchases.
Moved: Tayer, Seconded by Aramburu
Vote: Unanimous
7. SUHHER INTERN PROGRAl'J! (Request for Funding) FILE NO: 1006
ACTION: Staff Recom-
mendations Accepted.
HOTION: That Staff participate in the Marin County Youth
Commission Su~mer Intern Program by hiring a
student who is a resident of the City of Tiburon
for twenty hours per week for nine weeks during
the summer to work both in the City naIl offices
and with the Parks & Recreation Department, and
that $450 needed to fund the Internship be shared
equally by the Parks & Recreation Fund and the
General Fund.
Moved: Tayer, Seconded by Aramburu
Vote: Unanimous
VIII. fITY COUNCIL COr1HENTS AND COf1I1ITTEE REPORTS
A There was discussion of disbanding the Parks & Recreation Commission
and turning the duties over to the Joint Recreation Committee, and
CITY COUNCIL ~InUTES # 436 April 11 1977
Page 3
all planning aspects to the Planning Commission. l'1ayor Ross
directed staff to determine a plan for future implementation of
this matter.
B Ioiayor Ross noted a dinner was scheduled for April 13, 1977, in
commemoration of Martin Mackey, Executive Director of the r1arin
County Ecumenical Association, and indicated that he would present
Ur. J'lackey N'ith a Resolution commending him for his contributions
to the Tiburon Community.
j\IOTIOH: To Adopt Resolution No. 888, A RESOLUTION OF THE
CITY OF TIBUROI\l COf'IXlENDING i>'IARTIN I'1ACI<EY FOR OUT-
STANDING COI~!UNITY SERVICE.
110ved: Aramburu, Seconded by Ellman
Vote: Unanimous
IX. STAFF REPORTS
8. CETA & SUMNER YOUTH PORK PROGRAMS (Status FILE NO: 1006
of Programs) ACTION: Report
Received.
9. NOISE ORDINANCE (Regulation of Construc- FILE NO: 47601
tion Hours) ACTION: Staff Recom-
mendations Accepted.
Edelstein requested the heavy equipment be limited to not
begin before 8:00 a.m., and if there is justification for
exceptions, then staff is to make the determination.
110TION: That Staff implement the hours of 8:00 a.m. to
5:00 p.m. for heavy equipment, and a 7:00 a.m. to
6:00 p.m. limit for all other construction work,
except emergencies, and that the above hours be
authorized as pOlicy.
Hoved: Aramburu, Seconded by Ellman
Vote: Unanimous
MOTION: That Staff prepare an appropriate amendment to the
Noise Ordinance on Animal Control for presentation
at the next meeting of April 25, 1977.
Moved: Ellman, Seconded by Tayer
Vote: Ayes: Ellman, Edelstein, Tayer
Noes: Aramburu, Ross
10. RING HOUNTAI~! (Status Report) FILE NO: 3013
ACTION: Acceptance of
Report.
The Director of Co~munity Development was directed to send copies
of the Staff Report to the County Planning Commission hi~hligh~ing
the areas of sensitivity.
X. CO~ll1UNICATIONS, ORAL REPORTS, AND CITY 11ANAGER ITEMS
(a) Letter from City/County Services Committee, dt'd 4/1/77
rl0TION: To Pass Resolution No. 889, A RESOLUTION OF THE
CITY OF TIBURON ESTABLISHING A DISTRIBUTION OF
FUNDS U~DER THE URBAN N~D COASTAL BOND ACT, 1976.
Hoved: Ellman, Seconded by Tayer
Vote: Unanimous
(b) The City Manager noted a Har in ~,;Ja ter Forum had been scheduled
by the City of Belvedere for April 26, 8:00 p.m., at the Del
Uar School tvlusic Room. The discussion will include officials
from the County of r~rin and the State to discuss local water
problems. Mayor Ross indicated he would attend this meeting
to represent the City of Tiburon.
(e) The City Manager noted the Angel Island Hearing conducted by
representatives from the State Parks & Recreation Department
was scheduled for 10:00 a.m., Saturday, April 16, in the City
Council Chambers, to discuss future improvements for the Island.
CITY COUNCIL HINUTES # 436 April 11, 1977
Page 4
IX EXECUTIVE SESSION
Council adjourned to Executive Session at 11:00 p.m to discuss
open space litigation.
XII ADJOURNI'1ENT
As there was no further business, the meeting of the City Council
,..ras adjourned at 11:15 p.m., r1onday, April 11, 1977, sine die.
~ ~
~OSS, Hay -
Tiburon
ATTEST~
-
~
R. L. KL
APPROVED
, 1977
-
CITY COUNCIL j"lrr'lUTES # 4 36 April 11 1977
Page 5
CORRECTED
CITY OF TIBURON
CITY COUNCIL MINUTES
CALL TO ORDER
The regular meeting of the City Council of the City of Tiburon, State of
California, was called to order by Hayor Ross at 7:40 p.m., Honday,
April 25, 1977, in the City Council Chambers.
I. ROLL CALL
COUNCILMEN: PRESENT: Edelstein, Aramburu, Tayer, Ross
ABSENT: Ellman
EX OFFICIO: R. L. Kleinert, City Manager; L. Brunini, Superintendent
of Public Norks; S. Bala, City Engineer, R. Breiner,
Deputy City Attorney; M. McCart, Director of Community
Development; r1. Manick, Chief of Police, C. Grow,
j~-iinutes Clerk
II. APPROVAL OF HINUTES
#434 - HOTION: To Adopt JIinutes No. 434.
I1oved: Tayer, Seconded by Edelstein
Vote: Ayes: Edelstein, Tayer, Ross
Abstained: Aramburu
#436 - MOTIOH: To Adopt r.linutes No. 436.
Moved: Aramburu, Seconded by Tayer
Vote: Unanimous
:tIl. COMMISSION REPORT
:
(a) Jeff Knight (City Treasurer)
The City Treasurer urged Council's support of the City's participation
in the State Investment Fund Program (Item No. g) . He commended the
City Manager and the Assistant City Clerk for their efforts in convert-
ing the City's accounting system to the Corte f!Iadera compu1:er. He also
urged that the public participate and attend the budget hearinqs.
Aramburu requested that an "executive summary sheet" be attached as a
cover to the monthly financial reports showing budget to date, actual
expenditure to date, interest income, etc. The Administration and
Finance Committee is to meet with the City Treasurer and City Manager
to discuss the requested executive summary sheet.
IV. APPOINTMENTS TO BOARDS, COH!\iISSIONS, & COMMITTEES
l'10TION: To accept the appointment of !,rilliam T. Davoren
to the Tiburon Planning Co~mission.
Moved: Tayer, Seconded by Aramburu
Vote: Unanimous
Mayor Ross noted a letter of resignation from Tom Gram of the Parks &
Recreation Commission. Commissioner Gram requested he remain on the
Joint Recreation Committee. The Parks & Recreation Commission was
directed to consider a plan and timetable for disbanding the Commission,
and that they consider the disposition of all existing park properties
within the City of Tiburon and state how they propose these properties
be administered.
V PUBLIC QUESTIONS AND COMMENTS
Eugenia Marans, Chairman of the Tiburon Heritage Advisory Committee,
requested an amount of $10,000 be included in the preliminary budget
for repair and maintenance costs of the Lyford Stone Tower. The City
Manager was so directed.
vI CONSENT CALENDAR
MOTION: To move Items 9 and 11 to the Consent Calendar and
to approve the Consent Calendar as amended as
follows:
CITY COUNCIL MINUTES NO. 437 April 25, 1977
Page 1
1. E!--lCROACHMENT PEIDIITS
(a) HIIU.JD (Waterline on Spanish Trail)
(b) Pacific Telephone (Undergrounding Service
on Tara Hill)
2. ACCEPTANCE OF GRANT DEED (Zelinsky Promenade
Resolution No. 890)
9. INVESTHENT OF LOCAL AGENCY FUNDS (City Participation
in State Investment Fund - Resolution No. 891)
11. CIRCULATION ON PARADISE DRIVE (Planning Commission
Report)
Hoved: Aramburu, Seconded by Tayer
Vote: Unanimous
VII. PUBLIC HEARINGS
-
3. TENTATIVE I"1AP (Cahn-Lewis Project - Phase II) FILE NO: 87604
ACTION: Continued
to 5/9/17.
MOTION: To Open the Public Hearing.
Moved: Aramburu, Seconded by Tayer
Vote: Unanimous
Because of lack of a quorum at the April 20th Planning Commission
mee1:inq. this 11:em was continued.
MOTION: To Continue the Public Hearing to May 9, 1977,
r-1oved : Aramburu, Seconded by Tayer
Vote: Unanimous
4. PREZONE OF REED LAND ~1OODS AND BEL AlRE SCHOOLS FILE NO: 37701
(Ordinance - 1st Reading) ACTION: Con~inued
to 5/9/77
t-fOTION : To Open the Public Hearing.
Moved: Aramburu, Seconded by Tayer
Vote: Unanimous
Due to lack of a quortun at the April 20th Planning Commission,.
meeting, this item was continued.
HOTION: To Continue the Public Hearinq to May 9, 1971.
Moved: Tayer, Seconded by Aramburu
Vote: Unanimous
5. DOtiNTOWN PLAN ~1END~mNTS (Planning Commission FILE NO: Working
Recommendations - Resolution) ACTION: Remanded
to Planning Comm.
MOTION: To Open the Public Hearing.
Itfoved: Aramburu, Seconded by Tayer
Votet Unanimous
Mr. Jeff Morshead, of Frank Howard Allen Real Estate Co., reques~ed
he be allowed a variance on the development of a property at the
old Texaco Station site. IYlayor Ross indicated the density of a
parcel should be computed to the center line of the street for
gross square footage. Therefore, paragraph "d" of the draft
resolution should be deleted and use of the variance approach be
included.
MOTION: To close the Public Hearing.
Moved: Aramburu, Seconded by Tayer
Vote: Unanimous
MOTION: To remand this matter to the Planning Commission for
their consideration of the deletion of paragraph lid"
of the resolution and to consider the use of variances.
Moved: Aramburu, Seconded by Tayer
Vote: Unanimous
The Planning Commission was also requested to consider the definition~
of net and gross square footage. This item is to be reconsidered
May 9, 1977.
CITY COUNCIL MINUTES NO 436 April 25, 1977
Page 2
6 FLOOD PLAIN REGULATIONS (Ordinance 2nd Reading) FILE NO: Working
ACTION: Ordinance
184 M.S. Passed
IvIOTION: To Open the Public Hearing.
Moved: Tayer, Seconded by Aramburu
Vote: Unanimous
HOTION: To Close the Public Hearing.
Hoved: Aramburu, Seconded by Tayer
Vote: Unanimous
MOTION: That the Ordinance be read by Title Only.
Moved: Aramburu, Seconded by Tayer
Vote: Unanimous
MOTION: To Pass Second Reading of Ordinance No. 184 N.S.,
AN ORDINANCE OF THE CITY OF TIBURON ADDING SECTION
13-1.1 TO THE TIBURON HUNICIPAL CODE, PROHIBITING
CONSTRUCTION IN CERTAIN FLOOD ZONES.
Moved: Aramburu, Seconded by Tayer
Vote: Unanimous
VIII OLD BUSINESS
7. PERSONNEL RULES AND REGULATIONS (Resolution FILE NO: 1011
Adopting Revisions) ACTION: Continued
to 5/9/77.
Council requested several corrections and revisions of the draft
Personnel Rules and Regulations, and requested the City Attorney
incorporate these revisions into the draft for the next Council
meeting.
MOTION: That the Personnel Rules and Regulations be redraf~ed
and brought back for consideration on May 9, 1977.
Moved: Aramburu, Seconded by Tayer
Vote: Unanimous
IX. NE~'1 BUSINESS
8. POLICY FOR MINUTES AND RECORD KEEPING OF CITY FILE NO: 1014
MEETINGS ACTION: St:aff
Recommendations
Accepted.
MOTION: To accept Staff Recommendations that the minute tapes
be designated as official records, be retained for five
years, and be made available along with a tape player
at City Hall for review by the public.
Moved: Tayer, Seconded by Aramburu
Vote: Unanimous
X CITY COUNCIL CO~1ENTS AND CO~ll1ITTEE REPORTS
A. ~myor Ross noted a meeting was scheduled for April 26, 1977, with
representatives from the Reed Union School District, to discuss
possible acquisition and usage of District facilities by the City
for a Civic Center.
r40TION: That the sense of the Council is that the Reedland
Woods School is not suitable for consideration as a
Civic Center, but that the City should continue to
pursue usage of the Reed School as a Civic Center.
Moved: Tayer, Seconded by Edelstein
Vote: Unanimous
XI STAFF REPORTS
10 POLICE QUARTERLY REPORT FILE NO: 5001
ACTION: Report Accepted
MOTION: To Accept the Police Department Quarterly Report.
Moved: Aramburu, Seconded by Tayer
Vote: Unanimous
CITY COUNCIL MINUTES NO. 437 April 25, 1977
Page 3
CITY COUI'JCIL
ATTES~:/. / //......- ._
. /tr / // --..-/
" ; V < I//~~.< . <:... .
.' - I I / //
P1 "-/ Ut;~ '
R. L. KLEINERT, City
I:Ianager/Clerk
IvIINUTES
NO
437
April 25
Paa~ Il
1977
As there ,,,,as no
adjourned at lO:
further
30 p.m.,
business, the meeting of
Honday, April 25, 1977,
the City Council
sine die.
was
XIV
ADJOURNi'.IENT
Council adjourned to Executive Session at lO:l5 p.m.
litigation matters.
to discuss property
XfII
EXECUTIVE SESSION
The City Manager noted a public hearing will be held by CAL/TRANS
April 28, 1977, 7:30 p.m., at the Del Mar School, on the Realign-
ment of Tiburon Boulevard at Trestle Glen intersection.
(e)
rJloved
Vote
.
.
.
To Authorize the Hayor to write to Senator Peter
Behr stating the City's opposition to 8B12
Aramburu, Seconded by Edelstein
Unanimous
NOTION
The City Manager noted a letter from the League of California Cities
requesting support of the League's opposition to a property tax
relief program currently being considered by the State Legislature
and supported by Governor Brown.
(d)
Moved
Vote
.
.
.
To authorize the Mayor to write Supervisor Rice
stating the City's endorsement of his proposal
that the County Staff prepare a flow chart indi-
cating the availability of the various grant
programs.
Tayer, Seconded by Aramburu
Unanimous
(e)
f--lOTION
The City Manager noted that Supervisor Rice is proposing a concept
that would allow City and County coordination of Federal and State
qrant programs. Rice is proposing a flow chart showing well in
advance when funds are to be available and target dates for applica-
tions
The Director stated that HUD was likely to declare the City's Block
Grant projects ineligible and suggested the City's Block Grant
money for tennis courts and HcKegney Green be withdrawn and placed
in unspecified local option. Aramburu suggested an ad hoc citizens
committee for housing be established for the purpose of considering
housing for HUD Grants and other related projects and activities.
One member from the Planning Commission is to be appointed to act
as liaison to the Committee, and the Tiburon Ecumenical Association
is to be contacted for their participation in this matter also.
t~en the Committee submits any reports, the Planning Commission is
to review these reports first before submittal to the City Council
(b)
The Director of Community Development indicated she felt
had not provided workable programs for use of the City's
tions to the Housing Assistance Program, and, therefore,
should withdraw its commitment of funds.
the County
contribu-
the City
County Comprehensive Planning Letter
Assistance)
(a)
(Joint Funding and Housing
~II
COlviMUNICATIONS
that a summary of
Councilman Edelstein requested^Chief Manick's response to Supervisor
Boxer's letter regarding policy on warrants be published as City
Policy in the Independent Journal and the ARK.
,
ORAL REPORTS
CITY
i'lANAGER ITErJ1S
~1ay 16,
Page 1
CITY COUNCIL
A ~esident questioned why the Tiburon Heritage Advisory Committee could not
receive funding through donations or through grants for historical preserva-
t' 'n of the Stone Tower. The City Manager stated this was the recommended
~rce for funding of the Stone Tower maintenance and preservation as shown
in the Capital Improvement section of the budget. The Committee had requested
some monies be allocated to them for ~perational purposes which was reflected
in the Non-departmental section of the budget.
r1INUTF:S
NO
439
1977
Mr. Ed Rice requested a schedule be published in the ARK showing when and
wh~re all budget hearings of the various local agencies would be held.
Al Aramburu stated that he favored a reduction in the tax rate no matter how
little it saved the property owners because it was an indication that the
City is making an effort to cut costs and possibly their tax rates. He also
indicated his support of consolidation of services with other agencies.
The City Manager discussed the potential for increased costs in liability
insurance for the City, and stated the cities were conducting a pooling
insurance study which would allow the cities of Marin to pool their funds
anp from which claims would be paid.
Mr. Brewster Morris, a Tiburon resident, urged Council to refrain from
increasing any elements of the proposed budget which will be paid for through
property taxes, in order to help keep property taxes down.
~amburu requested an estimate be submitted for management salaries in order
to give a more accurate view of the total budget. The City Manager stated
he, intended to prepare a salary survey and submit recommendations for
m~nagement salaries prior to final adoption of the budget. He also indicated
r~at adequate funds were available for these adjustments in the estimated
.cry-over monies.
The City Manager stated the proposed budget reflects a 2 cent decrease
f~om the current tax rate. This decrease represents a reduction in the
amount of property tax revenue required for the debt servicing of the Open
S~ace Bonds. He recommended the present General Fund operating tax levy
remain at its current level because revenues only exceed expenditures by
a very small amount. This small overage would be applied to the City's
cqrrent unrestricted General Fund reserve which is very minimal at this time.
This low reserve status coupled with the spiraling costs of liability insur-
a.J}c.e and ~Jo-rkrnan '5 Compensation, is the basis for maintaining the current
o~erating tax rate
The City Manager presented an overview and summary of restricted funds,
project revenues, proposed expenditures, and how they coincide with the
assessed valuation and tax rate. He noted an increased level of spending for
a'-higher level of service associated with recreation, police, and public
works services. He indicated a greater emphasis has been placed on the Capi-
tal Improvement Program this year, with total funding for this program based
:-";'Ion federal, state, and County grants; and gas tax revenues. General
x and other local revenues are not used for this program. He noted the
c~timated increase in property assessed valuation of 21.9 percent for 1977-
7ij; however, the Preliminary Budget was based upon a 20 percent increase.
The Chair declared the public hearing for the proposed 1977-78 Preliminary
A~nual Budget open for public discussio~ and comment, and for consideration
by the City Council.
EX OFFICIO R
PUBLIC HEARING
COUNCILHEN:
L.
PRESENT
ABSENT
Kleinert,
Aramburu, Edelstein
Ross, Ellman
City
jl/lanager
c
Gro\fJ ,
Hinutes Clerk
,
Tayer
ROLL CALL
~he adjourned meeting
J order at 8:01 p.m.,
of the City Council of
Monday, May 16, 1977,
the City of Tiburon was called
in the City Council Chambers.
CALL TO ORDER
CORRECTED
CITY OF TIBURON
CITY COUNCIL BUDGET HEARING
CITY COUNCIL
the public or staff, Council adjourned
for the public hearing to discuss the
AS there was no further comment from
t6 Saturday, May 21, 1977, 9:30 a.m.,
Departmental Budgets.
r.-1INUTES
NO.
439
I'1ay 16,
Page 2
1977
Hoved
Vote
CITY
.
I PARADISE DRIVE T~ALKWAY (Acceptance of Grant
Deed - Resolution No. 892)
3 BELVEDERE/TIBURON BRANCH LIBRARY AGREEMENT
(Authorize the Mayor to Execute)
4. ENCROACHMENT PERMIT (2077 Centro East)
5. ENCROACHl'IENT PER~'lIT (45 J\1eadowhill Drive)
Aramburu, Seconded by Tayer
Unanimous
COUNCIL
J'lI\HJTES
1\10
438
Hay 9,
Pa9~ 1
1977
To adopt the Consent Calendar as amended,
follows:
HOTION
Moved
Vote
as
To remove Item 2 from the Consent Calendar for
further discussion and consideration.
Edelstein, Seconded by Tayer
Unanimous
NOTION
VI
CONSENT CALENDAR
Mayor Ross noted a letter from Chuck Patterson requesting the proU~a
tion of tournaments restrictions on the Del Mar Tennis Courts be+B*Y~
for the Annual Northern California Junior Tennis Championship tourna-
ments this year. Mayor Ross requested this matter be agendized for the
r1ay 23, 1977 regular Council meeting.
Gordon Strawbridge, former
13th annual check for $100
Acquisition Fund.
r~yor of the City of Tiburon,
towards the City of Tiburon's
submitted his
Open Space
v
PUBLIC QUESTIONS AND COf~~ENTS
No appointments were made this evening; however, Aramburu suggested
the City f1anager and Director of Community Development devise a
program for new appointees to Commissions and Boards to properly
introduce them to current matters and City policies and procedures
Appointments shall be made ~1ay 23, 1977 to the Housing Committee.
IV
APPOINTMENTS TO BOARDS
Chairman ~~ilson summarized both the past and future activities of the
Board of Adjustments and Review, and indicated the main project of
interest they would be considering the next few months would be the
Zelinsky Downtown Plan proposal which was referred to them from the
Planning Commission.
COHNISSIONS
& COllHITTEES
(a)
James
Hilson
(Board of Adjustments
and Design Review)
III
COivlHISSIon
HOTION:
Hoved:
Vote:
Abstained:
REPORTS
To adopt
Aramburu,
Unanimous
Ellman
Ivrinutes No.
Seconded by
437 as amended.
Tayer
ff 437 - Insert ~.
requested. . . ,; on
. . tha t
page 4
,
a summary of....
first paragraph
after Councilman Edelstein
first sentence.
n
II
APPROVAL OF
BINUTES
R. L. Kleinert, City Manager; L. Brunini, Superintendent
of Public TJorks; J. Strandgaard, Deputy City Engineer;
R. Conn, City Attorney; l'l. HcCart, Director of Community
Development; C. Grow, Ninutes Clerk
EX OFFICIO
PRESENT:
ABSENT:
Ell:rnan
None
COUNCILf.1EN
Edelstein,
Aramburu
,
Tayer
,
Ross
I
The regular meeting of the City Council of the City of Tiburon, State of
California, was called to order by J'layor Ross at 7: 40 p.m., Honday, Hay 9,
1977, in the City Council Chambers
ROLL CALL
CALL TO ORDER
CORRECTED
CITY OF TIBURON
CITY COUNCIL !'1Il'1UTES
VII" PUBLIC HEARINGS
-
6 APPEAL OF DECISION OF PLANNING COr~~ISSION FILR NO: 17701
(Use Permit - 2026 Paradise Drive) ACTION: Staff Recom-
mendations accepted
j>IOTION: To Open the Public Hearing
Moved: Ellman, Seconded by Ararnburu
Vote: Unanimous
Mr. Tom Gram, attorney representing John Jones, the Appellant,
questioned how the Parks & Recreation in-lieu fee is calculated--
whether it should be based upon the assessed value of the land to
be built upon or the closest park land which has been acquired by
the City and designated as park land, or designated in the General
Plan. He requested the right to bring this matter up at a later
meeting.
MOTION: To Close the Public Hearing
Ivloved: Ararnburu, Seconded by Ellman
Vote: UnaniMous
1\10TION: To delete the dollar amount referred to in paragraph
3 of the Conditions of the Use Permit.
Moved: Aramburu, Seconded by Tayer
Vote: Unanimous
Edelstein suggested the Planning Commission draft the proper amend-
ment to Section 14-50 of the Municipal Code to alter the structure
of the in-lieu fees to not exceed $1,000 per dwelling unit.
7 APPEAL OF DECISION OF BOARD OF~DJUSTr1ENTS FILE NO: 77709
& REVIEr'1 (Residence - 77 Mt. Tiburon) ACTION: Remanded to
BOAR
!10T ION: To Open the Public Hearing
Hoved: Aramburu, Seconded by Tayer
Vote: Unanimous
Henry Herold, representing the Forootrans, stated the skylights
had not been mentioned in previous public hearings and that the
matter of concern had been focused on height of the building and
not skylights.
I'lOTION: To Close the Public Hearing
I'10ved : Tayer, Seconded by Aramburu
Vote: Unanimous
NOTION: That the matter be remanded back to the Board of
Adjustments and Review to consider the approval for
the clerestory and skylights.
Hoved: Aramburu, Seconded by Tayer
Vote: Unanimous
8 TENTATIVE NAP (Cahn-Lewis Project - Phase II) FILE NO: 87604
ACTION: Resolution
No. 893 Passed
HOTION: To Open the Public Hearing
Moved: Aramburu, Seconded by Ellman
Vote: Unanimous
Sally Shephard, Chairman of the Architectural Review Committee of
the Del Har Property Owners Association, stated her appreciation to
Mr. Cahn and Mr. Lewis for their cooperation in obtaining a satis-
factory plan.
r10TION: To Close the Public Hearing
Moved: Tayer, Seconded by Edelstein
Vote: Unanimous
NOTION: To pass Resolution No. 893, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TIBURON APPROVING THE
N!lENDED TENTATIVE HAP FOR PHASE I I OF THE CAHN/LET-vIS
PROJECT
Noved Tayer, Seconded by Aramburu
Vote Unanimous
Na y 9, 1977
CITY COUT\JCIL IIINUTES j\JO 438 Page 2
9 PROPOSED USES FOR REVENUE SHARING FUND FILE NO: 2031
(Citizen Suggestions) ACTION: Staff Recom-
m.~ndations accepted.
HOTION: To Open the Public Hearing
I loved : Tayer, Seconded by Ellman
Vote: Unanimous
Eugenia Harans, Chairman of the i-Ieritage Advisory Committee, request.
l; an amount of $400 be appropriated for unscheduled ~aintenance costs
on the Stone Tower and included in Item 5 of the Staff Report.
Gordon Strawbridge suggested an appropriation be made towards
utilities undergrounding and a new City Hall Building.
HOTION: To Close the Public Hearing
Hoved: Aramburu, Seconded by Tayer
Vote: Unanimous
IYIOTION: To accept staff recommendations of the proposed
1977-78 Capital Improvement appropriations in the
amount of $69,500 in Federal Revenue Sharing Funds.
Moved: Tayer, Seconded by Aramburu
Vote: Unanimous
10, PRE-ZONE OF REEDLAND ~\100DS AND BEL AIRE SCHOOLS FILE NO: 37701
(Ordinance - 1st Reading) ACTION: 1st Readin<:;
of Ordinance Passec
HOTION: To Open the Public Hearing
Hoved: Ellman, Seconded by Tayer
Vote: Unanimous
Richard Holway, Chairman of the Tiburon Hills Homeowners Association,
stated the Association's support of the proposed prezoning.
MOTION: To Close the Public Hearing
!'-'Ioved : Aramburu, Seconded by Tayer
Vote: Unanimous
MOTIOiT: To read the Ordinance by Title Only.
IvIoved: Aramburu, Seconded by Tayer
Vote: Unanimous
NOTION: To pass first reading of AN ORDINANCE OF THE CITY
OF TIBURON ANENDING.ORDINANCE NO. 9 N.S. BY ADOPTING
PRE ZONING OF CERTAIN PROPERTY TO THE RO-2 ZONE
EFFECTIVE UPON ANNEXATION TO THE CITY OF TIBURON.
Hoved: Aramburu, Seconded by Tayer
Vote: Unanimous
11. DOWNTOWN PLAN AMENDr1ENTS (Planning Commissi~n FILE NO: r']orking
Recommendations) ACTION: Staff Recom-
mendations accepted
I'-10TION: To accept staff recommendations that the amendments
not be considered according to the Planning CommissioJ
recommendation.
lYloved : Aramburu, Seconded by Ellman
Vote: Unanimous
VIII. OLD BUSINESS
12 PERSONNEL RULES AND REGULATIONS (Resolution FILE NO: 1011
Adopting Revisions) ACTION: Resolution
No. 894 Passed
HOTION: To adopt Resolution No. 894, A RESOLUTION OF THE
CITY OF TIBURON ESTABLISHING AND ADOPTING PERSONNEL
RULES AND REGULATIONS, AND REPEALING RESOLUTION NO.
422
Hoved: Ararnburu, Seconded by Ellman
Vote: Unanimous
13 NULTI-USE PATH NIDENING - STAGE II FILE NO: 3054
(Recommendation from Parks & Recreation ACTION: Staff Recom-
Commission) mendations Accepted
CITY COUNCIL MINUTES NO 438 ~.1ay 9, 1977
Page 3
The City Manager indicated City Staff has prepared an environmental
assessment of the property regarding development potential and the
Landmarks Society has determined the areas they are interested in as
May 9, 1977
NOG 438 Page 4
CITY COUNCIL
II~1UT:P.S
STATUS OF HCNAUGHT/LANDMARKS SOCIETY
(Oral Report by City Manager
CITY PROPERTY TRANSACTION
18
&
XII
cor"1HUNICATIONS
A joint workshop meeting of the Planning Commission/Council/CAL/TRANS
was scheduled for nay 21, after the budget public hearing, at 2:00
p.m., to determine a recommendation to be submitted to CAL/TRANS
prior to June 3rd. The Planning Commission is also to consider this
matter at their meeting of Hay 18th.
,
ORAL REPORTS
,
CITY
HANAGER
ITEMS
TIBURON
(Review
BOULEVARD REALIGNMENT AT TRESTLE GLEN
and Status of EIS Hearing)
FILE NO
ACTION:
4102
Report ReceivE
17
Aramburu also requested the Commission consider public transit other
than cars, such as bicycles, motorcycles, and busses. Mayor Ross
suggested staff report back on the status of the S.P. plan and how
the Railroad might correct the situation at the f'1ar r-rest/Paradise
Drive intersection
Hoved
Vote
.HOTION
ctIRCULATION ON PARADISE DRIVE
Recommendations)
FILE NO: Norkin
ACTION: Referrel
to P.C. for
further study
That the Planning Commission study the relationship
between parking, public transit, and Tiburon
Boulevard traffic problems, and recommend a solution
to fit into the downtown development.
Tayer, Seconded by Aramburu
Unanimous
(Planning Commission
16
XI
STAFF
Council requested this matter be deferred until more information
is received from contractors in regard to the time and cost involved
in the resurfacing, and that the City Engineer's recommendations be
received prior to construction. Rdelstein questioned why this pro-
ject was not submitted for bid and was advised only two local con-
tractors do this type of work and the one selected had recently
resurfaced the TPC courts.
REPORTS
DEL lIAR TENNIS COURTS
Authorize the Mayor to
(Maintenance Contract
Execute)
FILE NO
ACTION:
3061
Deferred
2
Hoved
Vote
To accept staff recommendations that the City CounciJ
not consider this matter at this time, and that it
be brought back after the Planning Commission has tal
action.
Ellman, Seconded by Aramburu
Unanimous
flOTION:
FILE NO: 47701
ACTION: Staff Recom-
mendations Accepted
15
RED.HILL RISE EIR
Council requested the City Hanager schedule a breakfast meeting for
the two Administration and Finance Co~~ittees of Tiburon and Belvede
before the ilay 21st budget hearing to consider and discuss possible
consolidation of services; and to discuss Belvedere's participation
in the Fine Arts Commission programs, tennis courts, public works
equipment, park maintenance, etc.
(Approval of Contract)
1977-78 MUNICIPAL BUDGET
of Public Hearing dates)
(Setting
FILE NO
ACTION:
2011
Dates set
14
HEARINGS
IX.
NEt.]
BUSINESS
HOT ION
Hoved
Vote
To accept the staff reco~~endation that Council app~
the project in concept and authorize staff to pursue
the necessary grant funding. Initiation of the
project final design and implementation to be
contingent upon approval of the grant monies.
Ara~buru, Seconded by Tayer
Unanimous
open space
19 FUTURE COUNCIL AGEHDA ITEHS FILE NO: 1014
ACTION: Report Receiv
A The City Manager submitted an environmental assessment report on the
Harroman Property for Counci1vs review.
B The City r1anager submitted an undergrounding proposal along Tiburon
Boulevard from PG & E. He stated the City Engineer has been
directed to determine what portions of the project that can be design
and publicly bid in an effort to reduce total undergrounding costs.
XIII EXECUTIVE SESSION
Council adjourned to Executive Session at 11:08 to discuss open space
litigation Matters.
XIV ADJOURNNENT
As there was no further business, Council adjourned at ll:30 p.m.,
I'1onday, Hay 9, 1977, to a public budget hearing on Honday, relay 16,
1977, 7:30 p.rn
~ ~ ?no
E UI ayor
...IT' )N
ATTEST
/~ l
, "",j
R. lager/Clerk
CITY COUNCIL MINUTES NO 438 Ma y 9, 1977
Page 5
CORRECTED
CITY COUNCIL
CITY OF TIBURON
CALL TO ORDER
The adjourned meeting of the City Council of the City of Tiburon,
State of California, was called to order by Mayor Ross at 9:42 a.m.,
Saturday, May 21, 1977, in the City Council Chambers.
ROLL CALL
PRESENT: COUNCILMEN: Edelstein, Aramburu, Tayer, Ross
ABSENT: Ellman
EX OFFICIO: R. L. Kleinert, City Hanager1 H. Manick, Police Chief1
B. Krolak, Police Lieutenant1 L. Brunini, Superintendent
of Public Works; ~1. McCart, Director of Community Develop-
ment; B. Brown, Administrative Aide; J. Lombard, Parks &
Recreation Director; C. Grow, Minutes Clerk
PUBLIC HEARING
The Chair declared the continued public hearing for the proposed 1977-78
Preliminary City Budget open for public discussion and consideration
by the City Council.
The City ~~nager stated this session would address mainly the Departmental
Budgets, and that June 6th was set for a public budget hearing to discuss
the 1977-78 Capital Improvement and Open Space Acquisition programs.
(11) CITY COUNCIL
Council tentatively approved this departmental budget.
(13) CITY ATTORNEY
Council tentatively approved this departmental budget.
(15) CITY MANAGER/CLERK
The City Manager noted several changes in this budget section due to the
consolidation of the General Services and C;ty Manager's departments.
Council discussed policy regarding minutes and whether the Planning
Commission meeting minutes should be recorded on cassette tapes. This
matter is to be discussed at a future City Council meeting.
Council also questioned whether a Council member could vote on a public
hearing matter if that Council member had not attended the previous or
prior hearings on the matter. Staff was directed to research this matter.
(17) NON-DEPARTlmNTAL
The City Manager noted the amount requested for the annual audit has been
increased from $1800 to $2000 by Sleezer and Eckoff.
(18) DEBT SERVICE
COuncil tentatively approved this departmental budget.
(19) PEP EMPLOYEES
Aramburu requested staff determine the current .,atus of CETA funding
for PEP Employees prior to the next budget hearing of June 6th.
(21) PLANNING/BUILDING
The Director of Community Development stated there would be an increase
in personnel in the department this year to achieve a higher standard of
effectiveness, but at no additional cost to the City. She also indicated
the Housing Advisory Committee will fall under the responsibilities of
the Assistant Planner, one of the new positions planned. Approximately
one-half of the total budget of the department is funded through monies
received from building fees which are be1.ng reviewed.
May 21, 1977
CITY COUNCIL MINUTES NO 440 Page 1
(31) POLICE
The Chief of Police indicated there was approximately a 15% increase
in department costs over last year's budget. Council discussed dis-
patching services and how much Belvedere should contribute towards the
service. Aramburu suggested the Mayor send a letter to Fire Chief
Buscher and suggest the possibility of consolidation of the Fire
Department's and Police Department's dispatching services, and that
staff pursue the 911 County commitment.
Mr. Hugh Downer commended the services of the Police Department and
stated his support of budget priorities for this department. He also
requested the City cut costs wherever possible to help keep taxes
at a minimum and lessen the impact of the increased assessments.
Mike Kerns, President of the Tiburon Police Association, stated his
concern over the understaffing of the Police Department and stated
the Association's support of Chief Manick's request for two additional
positions.
Don Comfort, Tiburon Police Officer, stated he worked mainly the
graveyard shift and indicated there are times when he is called to the
County at night and the City is left essentially unprotected. Therefore,
the additional officers are needed.
MOTION: The City Manager and Chief of Police investigate the
following:
(l) an increase of one patrolman,
(2) retaining four cadets to maintain the current
level of service without utilizing patrolmen for
parking enforcement,
(3) exploring federal funding for the additional
patrolman and possible coordination with Belvedere.
Moved: Tayer, Seconded by Aramburu
Vote: Unanimous
(53) FINE ARTS
Councilman Aramburu volunteered to research the possibility of utilizing
facilities other than the Tiburon Peninsula Club to hold future Fine
Arts programs and will report back at a future date.
r1ayor Ross requested the City Manager send a letter to the City of
Belvedere requesting payment for the Pelican Players program in the
amount of $500, and that Belvedere be requested to contribute $3,000
towards next year's budget.
(51) PARKS & RECREATION
Al Aramburu requested the City Manager work with the Belvedere City
l1anager towards a policy and program for administration procedures to
cover every joint program between the two cities. These procedures
are to be before Council prior to the final adoption of the budget.
Dennis Rockey, Chairman of the Joint Recreation Committee, indicated
the Committee is responsible to both City Councils and that perhaps
the Joint Committee should be shown in the budget as a separate
department.
A Recreation Leader position has been funded by CETA and will assist
the City in working out a program for Hilarita, as well as assist the
Parks & Recreation Director.
(43) CITY ENGINEER
The City Manager noted an increase of 6% over last year for the City
Engineer's retainer fees.
(41) STREETS/PARK ~mINTENANCE
The City ~mnager indicated he would include in the narrative before
CITY COUNCIL MINUTES NO 440 May 21, 1977
Page 2
CITY COUNCIL MINUTES NO.
440
~1ay 21,
Page 3
1977
ATTEST:
There being no further
Saturday, f1ay 21, 1977,
business,
sine die
the meeting adjourned at 1:
17 p.m.,
ADJOURNMENT
final adoption of the budget a breakdown of facilities of which
Belvedere should contribute funding towards, such as park maintenance
equipment, tennis courts, Multi-Use Path, etc.
CORRECTED
CITY OF TIBURON
CITY COUNCIL MINUTES
CALL TO ORDER
The regular meeting of the City Council of the City of Tiburon, State
of California, was called to order by Mayor Ross at 7:50 p.m., Monday,
Ivlay 23, 1977, in the Hilarita Community Room.
I ROLL CALL
COUNCILMEN: PRESENT: Edelstein, Aramburu, Tayer, Ross
ABSENT: Ellman
EX OFFICIO: R. L. Kleinert, City Manager; L. Brunini, Superintend-
ent of Public ~iJorks; S. Bala, City Engineer; R. Breiner,
Deputy City Attorney: r1. McCart, Director of Community
Development; M. Manick, Chief of Police: J. Lombard,
Parks & Recreation Director; C. Grow, f1inutes Clerk
II APPROVAL OF HINUTES
#438 - Page 1, nV", second paragraph, line 2, change last word to
"waived".
MOTION: To adopt Minutes No. 438 as amended.
Hoved: Tayer, Seconded by Aramburu
Vote: Unanimous
III COMMISSION REPORTS
(a) ELMO DE MARTINI (r.1arin County ~10squi to Abatement District Rep.)
Mr. De rlartini outlined the various reasons why the Mosquito
Abatement District was considering moving to Sonoma County. He
stated his opposition to this transfer because the bulk of the
mosquito abatement activities remain in Southern 11arin County.
Therefore, he endorsed the Mayors and Councilmens' position
that the substation not be moved out of Marin County.
IV APPOINTI'-1ENTS TO BOARDS AND COIvlHISSIONS
The City Manager noted the resignation of Pat Norman from the Fine
Arts Commission, and Joan Erickson from the Hilarita Tenant Selec-
tion Committee. Therefore, these positions are open for applica-
tions.
MOTION: To accept the resignations and express
the City's appreciation for the service
of Pat Norman on the Fine Arts Commission,
and Joan Erickson on the Hilarita Tenant
Selection Committee.
r10ved : Tayer, Seconded by Aramburu
Vote: Unanimous
V PUBLIC QUESTIONS AND COMMENTS
(a) Hr. Minert Toberer, Manager of the Hilarita Housing Project,
expressed his appreciation to the City for its assistance with
various projects held at HiIarita. He submitted a check in the
amount of $100 donated towards the Summer Recreation Program
planned for Hilarita through the Parks & Recreation Commission.
(b) Al Sennett and Erwin Farley, both representing the Landmarks
Society, requested Council state a commitment of their intentions
in regard to the purchase of the McNaught property. Aramburu
suggested Hr. Sennett and r.1r. Farley meet with staff to discuss
and submit new evidence in regard to assessment and developa-
bility of the property.
MOTION: To authorize the Mayor to make an offer of
$50,000 towards the purchase of the McNaught
property with the following conditions:
1. That the Landmarks Society be granted
title or permanent open space easement
CITY COUNCIL IlINUTES NO. 441 May 23 1977
Page 1
for the easterly portion of the property
as determined by the Landmarks Society.
2 That no conditions be placed upon the City's
future portion of the property, specifically
its future use or disposition by the City.
i10ved : Tayer, Seconded by Aramburu
Vote: Unanimous
VI. CONSENT CALENDAR
~!lOTION : To adopt the Consent Calendar as follows:
1. PARADISE DRIVE WALKWAY (Authorized Project to
go to bid for Stage II)
2. ACCEPTANCE OF NOTICE OF COi'1PLETION (Fence on
Via Capistrano Medium)
3. RESIDEUTIAL REVIE~'J BOARD (Amendment to Joint
Powers Agreement)
4. APPROVAL OF 77-78 TARGET UNITS FOR RESIDEN-
TIAL REVIEr! BOARD
5. ENCROACHHENT PERHITS FOR P.G.& E. (69 Paseo
l'Iirasol)
6. LOCAL ASSISTl\:1CR GRAHT FU~DING FOR ~,1cKEGNEY
GREEN (Rxecution of Joint Powers Agreement)
Hoved: AraMburu, Seconded by Tayer
Vote: Unanimous
VII. PUBLIC HEARINGS
-
7 ZELINSKY !'1ASTER PLAN (Ordinance - 1st Reading) FILE NO: 47701
ACTION: 1st Read-
ing Passed
The Director of Community Development recommended several
changes to the Zelinsky t.laster Plan as follows:
2. Line 1, delete "some possibility of".
3. Line 1, add I: Three n to "Townhouse Units."
Under RELATIONSHIP TO T!!E TIBURON DOT'?NTOt-,,]N PLAN, Line 2,
and "three" before "Townhouse units."
The Deputy City Attorney requested the follo~ving amendments to
the draft Ordinance:
Under Section 2, line 3, change the sentence to read "...
as Exhibit "A" and the Fred Zelinsky Haster Plan and total
developable area consisting of one sheet, dated March 1,
1977, "
. . . .
"An, line 2, add "and approved" after "submitted".
"B", line 2, add "and approved" after "submitted".
"FII, change to read tlThat construction shall be permitted
only on weekdays, and between the hours of 8:00 a.m. and
5:00 p.m."
"Gu, line 2, change to read "...development of the
developer's remaining undeveloped land as shown on the
Master Plan shall be made "
. . .
"H", is to read "All parking spaces shown on the Master
Plan, except those shown in area No.5, shall be installed
prior to the issuance of a building permit for each respect-
ive area, and that the parking spaces shown in Area No. 5,
all of which shall be provided at no charge to the user,
shall be installed at such time as the City Council so
directs; the Precise Plan shall contain appropriate bonding
assurances to provide for such installation. Prior to the
issuance of a building permit, covenants satisfactory to
the City Attorney shall be recorded as required by Section
13 of the Zoning Ordinance."
May 23, 1977
CITY COUNCIL IIINUTES NO 441 Page 2
CITY COUNCIL MINUTES
NO
441
r'4ay 23
Page 3
1977
Notion failed
I-loved
Vote
.
.
.
To continue the public hearing to June 27, 1977,
that the matter be considered by the Planning
Commission for their recommendations, including
a recommendation that the matter be continued
beyond June 27, 1977.
Tayer, Seconded by Aramburu
Ayes: Aramburu, Tayer
Noes: Edelstein. Ross
II110T I ON
rIOTION
:- loved
Vote
To open the public hearing.
Tayer, Seconded by Aramburu
Unanimous
and
PREZONING OF REEDLAND HOODS AND BEL AIRE
SCHOOLS (Ordinance - Second Reading
FILE NO
ACTION:
No. 185
37701
Ordinance
N.S. Passed
8.
Recess was called at 9:35 p.m
roll call as originally noted
with Council reconvening at
9:45 p.m
RECESS
Aramburu requested the Planning Commission submit recommendations
for the possibility of allowing Mr. Zelinsky a density bonus for
the construction of low or moderate income housing in the lIaster
Plan area. A report is to be received prior to the June 13th
City Council meeting
HOT I Ol'!
f-10ved
Vote
To pass first reading of AN ORDINANCE OF THE CITY
OF TIBURON APPROVI~1G THE [,1ASTER PLAN FOR THE
ZELINSKY PROJECT, as amended by the Deputy City
Attorney, including provisions "M", "I", and "J"
Aramburu, Seconded by Tayer
Unanimous
Motion failed
r'loved
Vote
To include a provision "K" in the Ordinance
which would require a minimum of three low or
moderate income housing units to be built within
the i,1aster Plan area as per the latest agreement
with the Residential Development Review Board.
Ara~?uru, Seconded by Edelstein
Ayes: Edelstein, Aramburu
Noes: Tayer, Ross
r-10TION:
That further extension of Juanita Lane be addressed speci-
fically at the time of the Precise Plan by the Planning
Comruission to the recommendation made at that time."
Aramburu suggested
NOTIO:.!
I'lioved
Vote
To close the public hearing.
Aramburu, Seconded by Tayer
Unanimous
"I
"
of the proposed Ordinance read as follows
Fred Zelinsky indicated he had a Drainage Agreement from 1967
with In-Lieu fees and requested these fees be applied to this
requested project as a credit. Staff was directed to research
this matter before second reading of the ordinance
..
J\IOTION
.Hoved
Vote
To Open the public hearing.
Ararnburu, Seconded by Tayer
Unanimous
"JII, is to be added as follows: UThat the Precise Plan
shall indicate that the vehicular access for the Home
Savings Parcel be located on the east side of the parcel, to
be used jointly with the Safeway Store; provided, however,
if such access proves to be infeasible, an alternate access
will be indicated on the Precise Plan, subject to the
approval of the Planning Commission."
lOTION To read the Ordinance by Title Only
} loved Aramburu, Seconded by Edelstein
Vote Unanimous
1\10TION To pass second reading of Ordinance No. 185 1'1.8
AN ORDINANCE OF THE CITY OF TIBURON M.1ENDING
ORDInANCE NO. 9 N.S. BY ADOPTING PREZONING OF
CERTAIl,! PROPERTY TO THE RO-2 ZONE EFFECTIVE UPON
ANNEXATION TO THE CITY OF TIBURON.
Hoved: Aramburu, Seconded by Edelstein
Vote: Ayes: Edelstein, Aramburu, Ross
Noes: Tayer
9 ENFORCElvlEHT OF CALIFORNIA VEHICLE CODE ON FILE NO: 5008
CORINTHIAN COURT (Resolution) ACTION: Resolution
No. 895 Passed
I,10TION: To open the public hearing.
110ved: Tayer, Seconded by Aramburu
Vote: Unanimous
Iw10TION: To close the public hearing.
I.loved: Aramburu, Seconded by Tayer
Vote: Unanimous
r.10TION: To adopt Resolution No. 895, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TIBURON APPLYING
CALIFORNIA VEHICLE CODE REQUIRElfillNTS ~O CORINTHIAN
COURT.
Hoved: Aramburu, Seconded by Tayer
Vote: Unanimous
IX. NEt:] BUSINESS
13 REQUEST FOR TENNIS TOURNAMENT ON DEL MAR COURTS FILE NO: 3061
ACTION: Tourna-
ment approved.
Tayer stated his opposition to allowing a tournament by the
Pacific Coast Junior Tennis Championships on the Del r1ar Courts,
especially for three days during the height of the Summer season.
MOTION: To allow usage of the Del Mar Courts for the
proposed tournaments during the afternoon hours
as specified in the staff report, and that the
Parks & Recreation Commission be instructed to
recognize the policy regarding tournaments on
City courts and support that policy.
Moved: Aramburu, Seconded by Edelstein
Vote: Ayes: Edelstein, Aramburu
Noes: Ross, Tayer
Hotion failed.
HOTION: To deny the application.
Hoved: Ross, Seconded by Tayer
Vote: Ayes: Ross, Tayer
Noes: Edelstein, Aramburu
Notion failed.
HOTION: To approve the application for the tournament on
the condition that it be the only one held for this
calendar year.
floved : Aramburu, Seconded by Tayer
Vote: Ayes: Edelstein, Ross
Noes: Tayer
. Abstained: Aramburu
The Parks & Recreation Commission was directed to consider the
current City policy and determine whether it is proper to allow
any tournaments on City Courts at all in the future.
CITY COUNCIL MINUTES NO 441 ~1a y 23 1977
Page 4
CITY
~~
COUNCIL MINUTES NO
,;{; ~~_r.r~~~'.
441
May 23,
Page 5
1977
Tayer stated he did not feel the absence of one Councilman
hearings justified the continuance of this matter.
l-10VED
Aramburu
Seconded by Edelstein.
at the previous public
That Council suggest to CAL/TRANS that the EIS public hearing
be continued until June 17 in order for the full Tiburon City
Council to make a recommendation
SUBSTITUTE
Edelstein indicated he felt the above motion left GAL/TRANS open to approve any
plan they desired, and he felt a decision should not be made by the City prior to
closure of the public hearing on June 3rd. He also indicated he felt Gouncilnan
Ellman should be present before a decision or recommendation is made to CAL/T?~\NS
MOTION
HOVEn
Tayer,
That appropriate landscaping be installed by GAL/TRANS
consistant with the intended use of the area through w~ich
the road passes and that utilities be undergrounded to
the greatest extent possible.
Seconded by Aramburu
(g)
That if either Plan B-3 or Plan B-29 is selected, an
overpass for pedestrians ahd bicyclists be constructed
in the most appropriate location to assure that it is
good design and open to light and air.
a
(f)
That CAL/TRANS remove the road bed from the existing
portion of Tiburon Boulevard which will not be utilized
in the realigned highway and dedicate said portions to the
Gity of Tiburon for additional park use.
(e)
That Greenwood Beach Road be terminated at the last legal
building site.
(d)
That every effort be made to ensure the maximum recreational
development potential with related activities of both
remaining segments of Blackie's Pasture.
(c)
That the road be constructed to provide four lanes from
Reed Ranch Road to Trestle Glen and narrowing to two lanes
east of Tr~stle Glen.
(b)
(a)
Tha~ any retainer walls adjacent to Little Reed Heights
shall be kept to an absolute minimum of visibility and
cost.
The determination of
following conditions
to said conditions
which plan
and any
shall be based upon
construction shall be
the
subject
3.
Plan
Plan B-3, as
Trestle Glen
B-29
2.
modified,
Plan C-3, as modified, to move the extension of Trestle
Glen as far west as possible.
to provide for
two lanes
east or
1.
To propose a resolution which would advise CAL/TRANS to adopt
one of the following plans in descending order of preference:
MOTION
Edelstein suggested that a decision or recommendation to an alternative
plan for the realignment should not be made until Councilman Ellman returns.
10.
OLD
TIBURON BOULEV~'U) REALIGNMENT AT TRESTLE
GLEN (CAL/TRANS EIS)
BUSDIESS
FILE NO:
ACTION:
June 28,
4101
Continued to
1977
R.
CITY
COUNCIL MINUTES NO. 441
May 23,
'OO:HUlO h
1977
ATTEST
RUCE ROSS, Mayor
y of Tiburon
1l1~
Council adjourned at 12:25 a.m., Tuesday,
June 6, 1977, for a public budget hearing.
XIV.
ADJOL'R..."'0~-.r
May 24,
1977
to reconcene
}lo~.day ,
Council cdjourned to Executive Session at 12:15 a.m.
and pending litigation.
to consider proposed
XIII.
The Chair requested Items 11, 12, 14, 15,
Council regular neeting of June 13, 1977.
EXECUTIVZ
S:::SSIO~
Council requested a meeting be
discuss and receive CAL/TRANS' response
meeting is to be scheduled after June 6,
and 16 be continued to the next City
scheduled with CAL/TRANS representatives to
to Plans C-4, B-29, and B-3. This
1977.
Joan Bergsund, Chairman of the Planning Commission indicated she had conducted
a poll of the Planning Commissioners and that by a vote of five to two they
endorsed the 13" Plans.
The Planning Commission was directed to consider Plan C-4 and submit their
recommendations prior to the next meeting of June 13, 1977.
~OED
VO~
.
Aramburu, Seconded by Edelstein
Ayes: Edelstein, Ross, Aramburu
Noes: Tayer
To request that CAL/TRANS continue the EIS public hearing to
June 28th, at which time the Council shall prepare and suboit
a final recommendation concerning the desired alternative for
inclusion in the EIS public hearing record.
SUBSTITUTE lIDTIOH
Motion withdrawn.
MOv'"ED :
Edelstein,
To request that CAL/TRANS not keep the public hearing open to
a later date, but to allow the City to make a recommendation
at a specified date after June 3rd.
Seconded by Ross
SUBSTITUTE HOTI~
Margaret Azevedo recommended the City determine and define the safety standards
for this project and then request CAL/TRANS devise a plan that stays within ~ese
standards.
:
Mr. Ken Ban..1.cston, an engineer who was previously employed by CAL/TRANS,
at the re~~~~t of the various homeowners associations~ He submitted an
alternate Pl&n C-4. He indicated a revision in the cross slope of the curve
at the intersection a~d: a reduction of . the radius of the curve. He felt this plan
was the oini.:n.ml standard that maximizes the amount of park area between the
shoreline ..nd roadway, minimizes the type of fill, and best provides the remaining
area.
Hr. Kirk Hanson, President of the Council of Presidents of the
associatlons, stated a poll had been taken and that 90 percent
indicated they supported a modified Plan "c" and not Plan "B".
spoke
various homeowners
of those polled