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Home My WebLink AboutTC Min 1989 (July thru August) TOWN COUNCIL MINUTES CALL TO ORDER Mayor Duke called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 P.M., Wednesday, August 16, 1989 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Coxhead, Shaw, Mayberry, Duke Logan (10:30 P.M.) ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Ragghianti, Town Engineer Bala, Supt. of Public Works Brunini, Planning Director Lohman, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES There were none. C. PUBLIC QUESTIONS AND COMMENTS MONTEROSSA PROJECT The Mayor asked the Town Engineer to report on the condition of the Monterossa Project. The Town Engineer stated extensive work had been done and asked the Project Engineer, Don Herzog to elaborate. Mr. Herzog explained the excavation, installation of subsurface drainage, fill replacement and compaction which was performed as part of the slide repair; stated a few rocks have come down during the excavation work; two fences have been installed; stated a rock being placed on top of other rocks fell this date; remaining rocks will be hand placed and grouted; a third fence is being installed; explained the winterization plan, hydromulching and vegetation process. The Town Engineer stated the existing hill had been a mass of moving soil; according to soils engineers and geotechnical engineers the area is now safe. Clark Atwood stated the winterization plan will be completed by September 15. The Town Engineer stated he wanted grass growing by October 1 to avoid siltation. TOWN COUNCIL MINUTES #850 8/16/89 Page 1 The Town Engineer stated for the record that the Town has no jurisdiction over the Reed School property; culverts from the school property will go into the Belvedere Lagoon. The Town Manager stated there would be a meeting of the developer, Town Engineer, school district representatives and Belvedere Lagoon property owners to coordinate winterization plans. Richard Koebbe, 6 Lyford Drive, distributed copies of a letter addressed to the Council objecting to the developer's safety precautions. The Mayor requested Mr. Koebbe to meet with the Town Engineer and Project Engineer to get his questions answered. Mr. Koebbe felt the existing fences were totally inadequate. Michael McAvoy, representing Oakmount Property Managers of 6 Lyford Drive, stated there have been dozens of rocks falling; they have lowered rents; there are two vacancies; the rock that came down that date landed in a patio; didn't think their apartments are being protected; suggested the Council stop the project until the area is secured. 25th ANNIVERSARY Don Batten announced he had videotaped the Town's 25th Anniversary Celebration and copies would be available for purchase. BUS SERVICE Mr. John Smissaert, 7 Bettina Court, asked the Council's assistance in coordinating bus routes that service the Tiburon Peninsula; presented copy of a letter he had addressed to Golden Gate Transit. The Town Manager stated he would meet with him. D. CONSENT CALENDAR Item 3 was removed from the Consent Calendar. Councilmember Mayberry corrected Minutes #842, page 6. MOTION: To approve the Consent Calendar consisting of the following items: 1. APPROVAL OF MINUTES #840, June 27, 1989 #842, July 11, 1989 #845, August 2, 1989 2. INVESTMENT SUMMARY REPORT (June) 4. BRADLEY HOUSE ADDITIONAL UNITS (Authorize Construction Drawing Phase and Application to MMWD for Additional Water Capacity) Moved: Mayberry, Seconded by Coxhead Vote: AYES: Unanimous ABSENT: Logan TOWN COUNCIL MINUTES #858 8/16/89 Page 2 3. TIBURON PLAYHOUSE THEATER (Support for First Run Films - Resolution) In response to Councilmember Coxhead, Dave Corkill introduced himself as the new operator of the Tiburon Playhouse and explained he is endeavoring to get better movies for the local theater; that there would be cultural and monetary benefits for the Town. MOTION: To adopt Resolution Urging Film Distributors to Provide First Run Films to Tiburon's Playhouse Theater Moved: Coxhead, Seconded by Duke Vote: AYES: Unanimous ABSENT: Logan E. PUBLIC HEARINGS 5. ABATEMENT OF PUBLIC NUISANCE (Continued Public Hearing - 317 Karen Way, Illegal Structure - Status Report by Building Inspector - Consider Ordering Abatement of Public Nuisance) The Planning Director reviewed the Staff report; stated a field check this date showed no improvement. Richard Kimball, architect for owner Posadas, stated his client hurt his back and requested an additional two weeks to clean up the property; presented Council with a letter from the owner. There was a brief discussion regarding the safety issues. Peggy Hill, 358 Karen Wag, stated this problem has existed for four years. Virginia Brunini, 367 Karen Way, gave the Council pictures of the property taken at 4 P.M. that afternoon showing that there had been no clean-up progress during the past two weeks. Henry Hill, President Bel Aire Improvement Association, asked Council to abate the nuisance. MOTION: To adopt Resolution Abating A Public Nuisance at 317 Karen Way (Posadas), and agendize this matter for the August 29 meeting for a status report from the owner; if there has been no compliance, the Town Manager and Town Attorney to proceed to court for an injunction. Moved: Duke, Seconded by Mayberry Vote: AYES: Unanimous ABSENT: Logan TOWN COUNCIL MINUTES #850 8/16/89 Page 3 6. AMEND MUNICIPAL CODE - UNDERGROUNDING OF UTILITIES (Section 12A-3(c) Amendment of Exception Provision, Ordinance, 2nd Reading) The Planning Director reviewed the Staff report. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. MOTION: Moved: Vote: To read by title only. Shaw, Seconded by Mayberry AYES: Unanimous ABSENT: Logan The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING CHAPTER 12A OF THE TIBURON MUNICIPAL CODE WITH RESPECT TO GRANTING OF EXCEPTIONS FOR UTILITY UNDERGROUNDING REQUIREMENTS. MOTION: Moved: Vote: To adopt Coxhead, AYES: NOES: ABSENT: the aforementioned Ordinance No. Seconded by Mayberry Coxhead, Shaw, Mayberry, Duke None Logan 346 N.S. F. UNFINISHED BUSINESS 7. HIGHLANDS' RING MOUNTAIN DEVELOPMENTS (Design Review Procedures) - a. Scope of Authority and b. Development Agreement provisions The Planning Director reviewed the Staff report which outlined Staff's position regarding the scope of authority of the Board of Adjustments and Review and the Design Review Board under the conditions set forth in the Highlands Development Agreement. Regarding Ring Mountain, there was a brief discussion concerning the time frame of accepting applications for design review; Council agreed that applications can be accepted now since grading is almost complete, and the applications processed to the point of being deemed complete or continued until the roadways are accessible. MOTION: To direct the Planning Director to notify the Perini Company the Town will begin to accept their applications for Ring Mountain immediately with the proviso they will be scheduled for design review but not heard until the roads are installed. Moved: Duke, Seconded by Coxhead Vote: AYES: Coxhead, Mayberry, Duke NOES: None ABSTAIN: Shaw ABSENT: Logan TOWN COUNCIL MINUTES #851 8/16/89 Page 4 Councilmember Coxhead stepped down from the Council for discussion of the Hiqhlands Development Aqreement due to a Conflict of Interest since his residence is within 3001. Tom Sherwood, attorney for Thompson-Devco owner of Highlands Project, stated it is their position that in addition to the general standards in the Town's ordinance for design review that the Highlands Master Plan and Development Agreement set additional parameters; specifically two provisions in the Development Agreement, cited section 3.9 and 3.4. There was extensive discussion between the Town Attorney, Mr. Sherwood, the Town Council and the developer regarding their interpretations of the Development Agreement and the discretion of the Design Review Board. Virginia Brunini, 267 Karen Way, and Stone Coxhead, 34 Reed Ranch Road, supported the design review board process. It was agreed that the Design Review Board needed to make appropriate findings if they disagree with a proposal. The developer, Town Attorney, representatives from the Town Council will meet with the Design Review Board. RECESS 8. McKEGNEY GREEN RULES' REGULATIONS (Recommendations from Parks & Open Space Commission and Jt. Recreation Committee) The Town Manager reviewed memo from the Recreation Director outlining the Joint Committee's recommendations which were: 1. Park open one hur before sunrise and one hour after sunset. 2. Permits are required for organized sports; call 435- 4355. 3. Orgnized sports are not permitted on Sundays after 1:00 P.M. 4. No overnight parking or camping. 5. No alcoholic beverages. 6. Pets must be kept on leashes. 7. No fires or barbeques. The suggested fees were $25 per day for non-profit youth groups and $50 per day for non-profit adult groups. The rate for the Tiburon Peninsula Soccer League to remain at $600/season. Don Batten urged Council to post signs outlining regulations. TOWN COUNCIL MINUTES #850 8/16/89 Page 5 M. Joan Newton, Parks & Open Space Commissioner, stated they disapproved of banning alcoholic beverages; there didn't seem to be a problem and felt it was an ordinance that will create problems; noted beer has been served at Town activities. COUNCILMEMBER LOGAN ARRIVED - 10:30 P.M. The Council discussed the amount of organized sports to be allowed to use the field. Ms. Newton stated the Parks & Open Space Commission preferred that outside organizations did not use the field; the amount of money received from them was negligible and there was damage to the field from high impact sports. The Council agreed to remove No. 5 which banned alcoholic beverages. Councilmember Shaw suggested the Town not charge the soccer league this year due to the condition of the playing area. The Town Manager asked for and received Council's concurrence that the Multi-use Path was not included in the rules and regulations. staff was directed to make up the signs and specific locations and return to Council for approval at the next meeting. 9. AIDS ANTI-DISCRIMINATION ORDINANCE (Discuss Request by County of Marin and Marin AIDS Advisory Commission to Adopt an Aids Anti-Discrimination Ordinance) The Town Manager reviewed the Staff report; stated the City Managers throughout the County have discussed this request and feel it can be addressed by Resolution. steve Kline, Chairman AIDS Advisory Commission; Carol Green, resident of Tiburon; Dr. Ronald Roberto, 1799 Lagoon View, Chief of Disease Control Section; Dr. Keith Hadley, 18 Reed Ranch Road, S. F. General, Chair of Infections Committee and Mrs. Hadley addressed the Town Council urging support of an AIDS/HIV anti-discrimination ordinance to help eliminate fear; to encourage more people to be tested; to focus attention on the epidemic. Mayor Duke objected to the proposal based on the Council not having sufficient information to determine public health policies. TOWN COUNCIL MINUTES #85D 8/16/89 Page 6 MOTION: Direct staff to prepare an ordinance patterned after the Marin County ordinance, but eliminating civil action. Moved: Mayberry, Seconded by Logan Councilmember Shaw disagreed that an ordinance was necessary, preferred a resolution. Vote: AYES: Coxhead, Logan, Mayberry NOES: Shaw ABSTAIN: Duke 10. COMMITMENT 189 - HOMELESS SHELTER (Final Consideration of Town's Funding Assistance) Item continued until County has developed plans. G. NEW BUSINESS 11. PUBLIC UTILITIES COMMISSION APPLICATION (Red & White Fleet Sale to Blue & Gold Fleet) The Town Manager reviewed the Staff report; stated Town supports the transfer of the Red & White Fleet to Blue & Gold with the condition the current level of service be maintained with the same scheduling and types of vessels; stated the City of Vallejo is filing a Right to Intervene; asked Council for authorization to send a letter to the PUC stating Tiburon's position. Councilmember Logan stated the Council should send a very strongly worded letter to the PUC that Tiburon wants some assurance that Blue & Gold will honor Red & White's schedule and if that's not the case, the Town ought to oppose the sale. The Town Manager noted their application to the PUC states they will maintain the schedule and level of service. MOTION: To direct Staff to write a letter stating Tiburon is willing to support the application for sale on the condition as stated in the application that the level of service provided by Red & White be continued by Blue & Gold and if for any reason the Town doesn't have such assurance or Blue & Gold goes back on their word, the Town will oppose the application. Moved: Logan, Seconded by Mayberry Vote: AYES: Unanimous TOWN COUNCIL MINUTES #85D 8/16/89 Page 7 12. TOWN OF CORTE MADERA PROPOSAL TO BAN COMMERCIAL VEHICLES I USE OF PARADISE DRIVE (status Report & Staff Recommendations) The Council reviewed the Staff report and map depicting the circuitous route trucks would take through Tiburon to reach the Taylor Road area if commercial vehicles were banned from portions of Paradise Drive in Corte Madera, and directed Staff to write a letter to the Town of Corte Madera opposing such a ban, and if enacted, requesting an Environmental Impact Report. 13. MASTER SALARY PROGRAM (FY 1989-90 - Resolution) The Town Manager noted this item has been previously approved. MOTION: To adopt Resolution Establishing the Annual Salary Program for the Town of Tiburon for FY-1989-90 Moved: Shaw, Seconded by Mayberry Vote: AYES: Unanimous H. COUNCIL. COMMISSION OR COMMITTEE REPORTS 14. MARIN COUNTY TRANSPORTATION IMPROVEMENT AND GROWTH MANAGEMENT PLAN , MARIN COUNTY SALES TAX EXPENDITURE PLAN Councilmember Mayberry suggested John Eells address the September 6 Council meeting. Council agreed and directed Staff to invite him and start that meeting at 7:00 P.M. I. COMMUNICATIONS Ltr. from Hans Schiller (Bart Advisory Committee) to Mayor Duke, dt'd. 7-31-89 - No Action Taken Hillhaven Homeowners Association Minutes and Ltr. from S. Hopkins to Property Owners, dt'd. 7-31-89 - Informational J . STAFF AND TOWN MANAGER REPORTS Memo from Town Manager to Town Council Regarding Monterrosa Project on Red Hill and One San Rafael Avenue Fence Realignment Status - Informational No Smoking Ordinance Status Report - Informational TOWN COUNCIL MINUTES #85G 8/16/89 Page 8 K. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Duke adjourned the meeting at 11:45 P.M. to Wednesday, August 23, 1989 at 7:00 P.M. in the Tiburon Town Hall Conference Room to interview candidates for Town Commissions, Boards and Town Treasurer. ~//j ~/ .,_,.-.w-...... 6...;n.~~__.~__ -.. " LAWRENCE -;- DUKE, MAYOR Town'.of Tiburon / ATTEST: CLERK TOWN COUNCIL MINUTES #85G 8/16/89 Page 9 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Duke called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:35 P.M., Tuesday, August 8, 1989 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Coxhead, Logan, Mayberry, Vice-Mayor Shaw, and Mayor Duke EX OFFICIO: Town Manager Kleinert, Special Attorney Shute, Planning Consultant Watt, Associate Planner Anderson, Minute Clerk DeFrancis B. PUBLIC QUESTIONS AND COMMENTS There were none. c. PUBLIC HEARINGS 1. GENERAL PLAN REVISION a. Revised Wording for Land Use Element and Open Space and Conservation Element b. Discussion of Circulation Element Issues c. Discussion of Noise Element Issues a. Revised Wordina for Land Use Element and Open Space and Con- servation Element Revised Goal LU-D Associate Planner Anderson stated the revisions clarified the Town's annexation policies and reiterated the Town's support of LAFCO's dual annexation policy. It was the consensus of the Council to accept the revisions. Revised, Policy Ll!.-8 Associate Planner Anderson stated minor changes were made to this policy which concerns sphere of influence boundaries and how they correspond with the Town's planning area boundaries. He stated the consistencies exist in the Ring Mountain and Boardwalk areas. It was the consensus of the Council to accept the revisions. Revised Policy_LU-17 Associate Planner Anderson stated language was added to ensure Town Council Minutes, #848, August 8, 1989 consistency between this element and the Housing Element with respect to density bonuses for senior housing. It was the consensus of the Council to accept the revision. Policy LU-19 Associate Planner Anderson stated this policy deals with resub- division of vacant land and criterion (b) which deals with average slopes was strengthened. It was the consensus of the Council to accept the revision. Revised Policy LU-22 Associate Planner Anderson stated this policy was modified to read: "The Town shall consider adopting floor area ratio limitations..." as opposed to require. In addition, the follow- ing sentence was added: "The Town may consider adopting provi- sions under which allowable floor area ratios would decrease as slopes increase." Mr. Bob Wayne questioned the more flexible language of the policy and would like to see a stronger policy. Mayor Duke responded that this gives the Planning Commission and the Town Council some leeway in adopting various methods in the Zoning Ordinance, i.e. floor area ratios, lot coverages. Councilmembers Mayberry and Coxhead preferred the stronger language. Councilmember Logan asked what would be the best mechanism for limiting the development of very large homes. Associate Planner Anderson replied it would be a combination of floor area ratios and coverage. Special Attorney Shute suggested the following language: "The Town shall adopt housing size limitations for residential development as part of the Zoning Ordinance." This would encom- pass the combination of coverage, height, and floor area ratio. Planning Consultant Watt suggested a second sentence: "Among the mechanisms for limiting house size are the following; floor area ratios, square footage, coverage and height limitations." Mayor Duke questioned whether the floor area ratios that will be set in th~ near future would meet the Council's criteria. It was the consensus of the Council to adopt staff's recommenda- tions. Revised Policy DT-3 Associate Planner Anderson stated this policy was revised to include language that strongly discouraged tourist-oriented uses as opposed to prohibiting these uses in the Neighborhood Commer- cial area. It was the consensus of the Council to accept these revisions. 2 Revised Policy DT-4 Associate Planner Anderson stated minor changes were made to this policy that included the following language: ".. .resident- oriented uses, as well as ancillary residential uses." This policy applies to the Village Commercial area. It was the consensus of the Council to accept these revisions. Added Policy DT-12 Associate Planner Anderson stated this policy is an attempt to respond to the Council's concerns about losing buildings in the downtown area and allows them to be rebuilt to the same floor area ratio in the event of a fire. It was the consensus of the Council to accept this policy. Land Use Element Errata Associate Planner Anderson stated these revisions include more accurate information regarding numbers of persons per household. It was the consensus of the Council to accept this revision. Policy LU-15 Associate Planner Anderson stated staff recommends that the term "rural residential" be changed to "low density residential". It was the consensus of the Council to accept this revision. Table 1, Vacant Land Inventory Associate Planner Anderson stated these revisions include updating of information. It was the consensus of the Council to accept these revisions. Modification #1- OSC-5, Ridgelines Planning Consultant Watt stated there was an addition to the policy with allows for exceptions to it where certain findings can be made. Staff recommends that the following paragraph be used, as opposed to the exceptions, to allow for some flexi- bility: "If this policy prevents all reasonable use of this property, encroachment into the setbacks may be allowed provided that structures are limited to a maxmimum of one story of 15 feet in height." Mayor Duke clarified that the issues involved in this policy were to allow reasonable use of the property and provide better siting of homes. 3 Councilmember Coxhead asked if the Tiburon Ridge, as defined in the General Plan, included the Martha Company property. Planning Consultant Watt stated it is the opinion of staff that the Tiburon Ridge ends just before the Martha Company property. Councilmember Coxhead asked if the Town had an aerial photo of the Tiburon Ridge which includes the secondary ridges. Planning Consultant Watt stated those secondary ridges will be identified in the Zoning Ordinance and/or development applications. Planning Commissioner Marilyn Seiwert stated it was the opinion of the Commission that the ridges be kept visually uncluttered as much as possible. She was opposed to allowing any exceptions to this policy. Dr. Eugene Kilgore stated proper siting of a home on the ridgeline along with appropriate landscaping can be accomplished. Ms. Randy Greenberg, representing the Paradise Drive Homeowners Association, stating the ridge was a very important resource and they would like to see it protected. Mr. Bob Wayne stated the exising General Plan (adopted 1975) contains a 300' elevation ridgeline policy and asked why it was being changed. Councilmember Mayberry stated she was opposed to allowing development within 50 vertical feet of the major ridgeline. It was the consensus of the Council to adopt the staff recommen- dation. Modification #2- OSC-15, Site Coverage Mayor Duke reiterated that the intent of this policy was to provide some degree of flexibility in terms of leaving the open space contiguous whenever possible and at the same time providing for large lots with open space on the individual pieces of property. The goal would be that 50% of the property would be maintained as open space. Planning Commissioner Marilyn Seiwert stated the Commission was concered with developers using the private easement method only for open space. Special Attorney Shute stated the 50% open space requirement was not an overbearing requirement and would be legally defensible. Councilmember Mayberry asked if the Town could require that the private open space be the responsibility of the homeowners association. Special Attorney Shute stated the Town could require this. Ms. Judy Waller, representing the Martha Company property, stated that when open space is put on individual lots it tends to frag- ment it. She questioned the liability of privately owned open space open to the public. 4 Councilmember Logan stated he had no objections to Policy OSC-15 but would like to see some reference to the issue of trying to obtain some dedication of open space to the Town. He suggested the following wording: "To the maximum extent feasible, a goal of 50% of large undeveloped parcels should be considered for reten- tion in permanent dedicated open space..." Councilmember Mayberry suggested adding the following sentence to OSC-15: "Private open space should be enforced by a homeowners association." It was the consensus of the Council to adopt Policy OSC-15 as amended by Councilmember Logan. Modification #3 Planning Consultant Watt stated this involves a change in the language in the Open Space and Conservation Element Goals, Policies, and Programs to read "to the maximum extent feasible". Councilmember Mayberry stated the General Plan should include a definition of the term "to the maximum extent feasible" for the guidance of future Councilmenbers. It was the consensus of the Council to adopt the staff recommen- dations. Modification #4, OSC-b Planning Consultant Watt stated the following sentence was added: "The Town shall also develop and adopt guidelines defining secon- dary ridgelines of significance." It was the consensus of the Council to adopt the staff recommen- dation. Modification #5 On Page 8, the following change was suggested: Change "Presence of significant ridgelines" to "Presence of significant secondary ridgelines". It was the consensus of the Council to adopt the staff recommen- dation. Modification #6, OSC-g Change the first sentence as follows: "The Town shall appoint an Open Space Committee to prepare an open space.and preservation program for the Town's consideration and adoption.." Ms. Joan Newton, Parks and Open Space Commissioner, asked for clarification of the Open Space Committee's function. Mayor Duke stated the intention was to combine the present Parks and Open Space Commission with other interested individuals. 5 It was the consensus of the Council to adopt the staff recommen- dation. Modification #7, Open Space Appendix A Page 2: 6(b): Change 100 feet to 50 feet. Page 3, item 13: Delete reference to net density as follows: "Describe the project density in terms of gross dentity (units per total site area)". It was the consensus of the Council to adopt the staff recommen- dations. b. Discussion of Circulation Element Issues Issue #- Is widening of the Tiburon Blvd. overcrossing necessaryl Mr. Richard Hopper, Traffic Consultant, stated this would improve the levels of service (LOS) of the northbound off-ramp intersec- tion with Tiburon Boulevard and improve the flow of traffic from Tiburon Blvd./E. Blithedale onto the freeway. It would eliminate traffic queues along Tiburon Blvd. However, this improvement will not likely be needed for at least 20 years and staff recom- mends deleting facility improvement #8 at page 11 (Tiburon Blvd. overcrossing of u.S. 101). It was the consensus of the Council to adopt the staff recommen- dation. Issue #2 Mr. Hopper stated traffic studies performed determined that the intersection of Tiburon Blvd.1 Trestle Glen would reach level of service "D" after complete "build out" unless additional lanes were added. It is currently on the LOS "e" list, however LOS "D" was adopted by the Town for that intersection. Town Engineer Bala recommends that US-l0l bound traffic receive an additional lane at Trestle Glen to prevent queues to Stewart Drive. Staff recommends that the Tiburon Blvd./Trestle Glen intersection be placed on the LOS "D" list in the General Plan and that the following language be added to facility improvement #2 at page 10: "A design study should be made to determine whether or not widening can be physically accommodated on the inside of the curve through the intersection. If only one lane can be accom- modated, it should be for the westbound direction." Ms. Randy Greenberg objected to placing this intersection on the LOS "D" list with no justification. Ms. Becky Pringle stated LOS "D" was quite acceptable. It was the consensus of the Council to adopt the staff recommen- dation. 6 Issue #3 Planning Consultant Watt stated the Tiburon Blvd.fReed Ranch Road intersection has been rejected by Caltrans as not meeting the required warrants. Staff recommends moving facility improvement #3, Tiburon Blvd.fReed Ranch intersection signalization at page 10 to the post-1995 list. Councilmember Coxhead stated it was impossible to know how the accident rate would change at this intersecion and it was improper to project that signalization would not be needed. He would like it to remain on the 1990-95 list. Special Attorney Shute recommended including the following language: "If any of these intersections meet signal warrants before anticipated, the General Plan could be amended to provide for signalization at that time." It was the consensus of the Council to adopt the staff recommen- dations. Issue #4 The intersection of Tiburon Blvd. and Cecilia Way will not meet the necessary Caltrans warrant requirements, even after full build-out. Staff recommends leaving the improvement on the post-1995 list. It was the consensus of the Council to adopt the staff recommen- dation. Issue #5 Planning Consultant Watt quoted Town Engineer Bala, "Left turns are impairing traffic on Tiburon Blvd. between Rock Hill Drive and San Rafael Avenue. A third left-turn center lane should be evaluated by the Town." Staff recommends adding this to the 1990-95 list and suggested it be funded from the developer fee program. Councilmember Coxhead asked if this would conflict with Policy C-17, page 6. Planning Consultant Watt stated it would not. Councilmember Mayberry expressed concern with this adding to the confusion at the intersection. It was the consensus of the Council to adopt the staff recommen- dation. Issue #6 Planning Consultant Watt stated improvements are needed along Paradise Drive to accomodate bicycles. Space is available for the construction of shoulders and cyclist pullover areas to allow automobiles to pass. Sight distances could also be 7 improved. Staff feels the following policy adequately addresses this concern: Paradise Drive Policies, C-23, "Turn-outs and shoulders on Paradise Drive should be created wherever possible to protect the health and safety of its users." Ms. Randy Greenberg requested that language be added to encourage a bike path where possible. Mr. Rick Rickenal, Teaberry Lane, was opposed to the idea of a bike path and stated it would incur a liability for the Town. Mr. Richard Hopper stated he recommends installing bike lanes/paths wherever possible. It was the consensus of the Council to adopt the staff recommen- dation including a bike path along Paradise Drive and Trestle Glen. D. STAFF AND TOWN MANAGER REPORTS 2. TOWN COUNCIL INTERVIEWS OF APPLICANTS FOR COMMISSION, BOARD AND APPOINTED POSITIONS (Set Date & Time of Interview Session) It was the consensus of the Council to hold interviews on Wednesday, August 23rd, at 6:30 P.M. E. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Duke adjourned the meeting at 11:05 P.M., to August 15th at 6:30 P.M. for further discussion of the General Plan. ./- ATTEST: J~tfc THERESE M. HENNESSY, 8 TOWN COUNCIL MINUTES CALL TO ORDER Vice-Mayor Shaw called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 P.M., Wednesday, August 2, 1989 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Coxhead, Logan, Shaw, Mayberry ABSENT: COUNCILMEMBERS: Duke EX OFFICIO: Town Manager Kleinert, Police Chief Herley, Town Engineer Bala, Supt. of Public Works Brunini, Planning Director Lohman, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES There were none. C. PUBLIC QUESTIONS AND COMMENTS Don Batten, President Belveron Homeowners Association, expressed gratitude to the Council for approving signage at the intersection of Tiburon Blvd. and Trestle Glen which keeps the intersection clear of traffic. D. CONSENT CALENDAR Item 4. 83 EAST VIEW (Deny BAR Appeal, Abatement of specific Building Improvements, Approval of As-Built Building Improvements - Resolution) was removed from the Consent Calendar. MOTION: To approve the Consent Calendar consisting of the following items: 1. APPROVAL OF MINUTES #839, June 21, 1989 #844, July 19, 1989 2. TRAFFIC SAFETY COMMITTEE REPORT & RECOMMENDATIONS 3. CLAIM AGAINST THE TOWN (R. Soule - Inverse Condemnation) Moved: Mayberry, Seconded by Logan Vote: AYES: Unanimous ABSENT: Duke TOWN COUNCIL MINUTES #847 8-2-89 Page 1 4. 83 EAST VIEW (Deny BAR Appeal, Abatement of Specific Building Improvements, Approval of As-Built Building Improvements - Resolution) MOTION: To Adopt Resolution Denying the Appeal of the Decision of the Board of Adjustments and Review Regarding the As-Built Additions at 83 Eastview Drive, Approving Specific As-Built Additions, Requiring Removal of Specific As-Built Additions. Moved: Logan, Seconded Mayberry Vote: AYES: Logan, Mayberry, Shaw NOES: None ABSTAIN: Coxhead ABSENT: Duke E. PUBLIC HEARINGS The Town Manager announced that Item 7 had been resolved and was removed from the agenda. 7. APPEAL BOARD OF ADJUSTMENTS' REVIEW DECISION (A.P. #39-171-02) Applicant: Banta/Collins - 162 Gilmartin Drive; Appellant: Lloyd Cymrot) 5. MARINERO ESTATES MASTER PLAN , EIR (Creation of 70 Single Family Lots on 101 Acres) Councilmember Mayberry stepped down from the Council and the review of this item because the property is within 300' of her personal residence and it would be a financial Conflict of Interest for her to participate in the Council's decision. The Planning Director reviewed the Staff report; explained the Office of Planning & Research's extension that this application be considered under the Draft General Plan; that CEQA only requires a Draft EIR to be certified if an approval is involved; stated the proposal of 0.7 dwelling units per gross acres is inconsistent with the maximum of 0.4 dwelling units per gross acre stipulated in the Draft General Plan, for a maximum of 40 units; that the proposal is inconsistent with the Draft Open Space & Conservation Element Policy which requires horizontal and vertical setbacks from the Tiburon ridgeline; that the proposed Master Plan is inconsistent with the draft land use policies and inconsistent with the draft Housing Element Technical Appendix which recommends 20 to 3 0 units. Peter Brekhus, attorney, represented the applicant, Jerome Katzin who is the Receiver/Owner representing the Internal Revenue Service. Mr. Brekhus stated he didn't agree with Councilmember Mayberry's interpretation of her need to disqualify herself from the discussion and decision on this application. TOWN COUNCIL MINUTES #847 8-2-89 Page 2 Mr. Brekhus also requested the record to state the map exhibited and prepared by Treffinger was marked by Staff and he did not necessarily agree with the Staff's interpretation of what can be developed if they follow the General Plan's recommendations; wanted the record to indicate there is no new General Plan and stated the EIR on this project should be certified; didn't necessarily agree with staff's interpretation of the Draft General Plan; had suggested to OPR that they can modify their letter to the Town Council can be modified to allow the Town to make an independent decision, and not be guided by the Draft General Plan. The Planning Director stated Staff superimposed the Draft General Plan requirements on the map; had advised the applicant months ago the proposal would have a difficult time complying with the OPR extension and they insisted on going ahead with the project as submitted. Mr. Brekhus stated the underlying title of the property is owned by Stonehill and Brooks, Carl Treffinger is the architect. Mr. Brekhus stated the Council's obligation is to approve a project that is in accordance with the Draft General Plan but we don't know that is yet; stated the current plan is in accordance with the existing zoning and existing General Plan; they were of the opinion that the Planning Commission did not give the project enough attention and wanted to demonstrate why they thought it was a good plan. Ralph Alexander showed a map which depicted dedicated open space in relationship to lot size to adjacent communities; showed blown- up picture of the site as viewed from Belvedere; used transparencies to illustrate proposed siting and 50' ridgeline protection guidelines; questioned whether 50' limitation should be used across the board. In response to Councilmember Logan, Mr. Treffinger stated the drawings were for illustration purposes and not drawn to specific scale; if the applicant gets the feeling the city wants to work with us, they will provide accurate drawings, accurate scale models; applicant wants to get an excellent project and work with the city to achieve that goal; asked Council to overturn the Planning Commission's recommendation. councilmember Logan stated that the Council is interested in approving an appropriate design; his concern is the Council has to look at the project in light of the proposed General Plan; stated it is clear the proposal is inconsistent with the Draft General Plan and there is no possibility based on Planning Commission and Council discussions that this will be in conformance with the adopted General Plan. Mr. Brekhus stated Council has the option to adopt a General Plan that is appropriate for this project; thought the Council has total and complete power to approve this project. TOWN COUNCIL MINUTES #847 8-2-89 Page 3 The Planning Director quoted from the OPR extension and stated the Council cannot approve this project tonight with 70 units. The Council can continue the matter till after adoption of the Draft General Plan; would recommend the applicant go on record to state they will downgrade this project and agree to a 90-day extension. Mr. Brekhus stated they were not prepared to defer this till adoption of the General Plan; the Council had the power to set a special meeting to determine density of the Harroman property; Council can modify and change the General Plan to appropriate density to fit the proposal; that would be a show of good faith on behalf of the Town; felt there were legalproblems for them to defer the project till the Council adopts the Draft General Plan. The Vice-Mayor called a Recess at 8:25 P.M. Meeting reconvened at 8:30 P.M. The Vice-Mayor opened the public hearing. Barbara Meislin, Lyford Drive resident, questioned the status of the local citizens who were trying to acquire the property for permanent open space. The Town Manager stated there has been some concerted effort by neighbors to explore ways of preserving all or major portions of the property; working with the County and Belvedere to raise monies and form a JPA to obtain grants, etc.; there is a significant cost associated with efforts to buy the entire piece of property; negotiations are in process. Becky Clelland, President LCOTPOA, and member of Old st. Hilary's Neighbors, which includes the Landmarks Society and Tiburon Peninsula Club, have submitted their comments to the Planning Commission; felt the Master Plan as submitted did not provide detailed information; urged the Council to support the Planning Commission's recommendation to deny the project at this stage. Beverly Bastian, Landmarks Society, urged the Council to follow the Planning Commission and Staff's recommendation; urged Council to consider the ecology of open space; important not to be pressured by an attractive drawing and photograph and the learned legal representation that is here into doing something rash; stated it is important to recognize open space is more than what you can see by the naked eye and asked Council to deny the application. If the Council decides to take affirmative action, she asked them to consider that to have effective preservation of flora and fauna, you have to have open space land management; noted Marin County Open Space District has indicated it is very costly; suggested the applicant provide an endowment to hire a full time person to handle the open space. TOWN COUNCIL MINUTES #847 8-2-89 Page 4 stewart Hopkins, 1820 Lagoon View, urged support of the Planning Commission recommendation; wanted Council to give consideration to circulation problems created by this proposal and suggested Council diffuse the traffic generated by this project. A resident of Sugarloaf urged the Council to deny the project. Michael Klein, Sugarloaf, stated he wanted to see the Council take a pro-active role for the future of the Town; wanted leadership from the Council; wanted less expediency from the Council. Fran Mayberry, vistazo West, speaking as a resident and not a member of the Town Council, stated she had a number of concerns about this Master Plan; wished it was much smaller; concerned about the view-shed from down below and from Belvedere; this property can be seen from the Waldo Grade; would rather see it as open space than cluttered with houses; thought there was a way to provide some development on the sides of the property; also concerned about circulation and the immense effect on Lyford Drive which is her only access to Tiburon Blvd.; noted there are a number of other proj ects using Lyford Drive, i. e., Monterrosa and Leonard Jay; would like to keep watershed area completely free of development; visitors like to see the open space. Frank Rox, 89 Sugarloaf, objected to a park within the development that would encourage traffic. Mr. Brekhus stated he was pleased with findings in the EIR which is a supportive document for the project as proposed; the significant fact is the EIR studied intersections from 101 in towards the project and found no significant change in the level of service at any of the intersections expected to be affected by this project; there were suggestions regarding parking and circulation and Heathcliff and we suggest they look at police reports to determine whether there have been any accidents on Heathcliff; we don't think the traffic or circulation based on the EIR are a problem. Mr. Brekhus stated his client is willing to continue this item for a couple of weeks if the Council is willing to adopt the density for this area in the Draft General Plan; we are prepared to accept a negative vote and proceed perhaps in another form; trustee has fiduciary responsibilities; he cannot give this property to the Town; he is required to handle this asset that belongs to all the taxpayers of the united states in a reasonable 'manner; stated when they submitted the plans, this property was zoned to allow for over one hundred (100) units; if there is an interest in looking at this further, they would be glad to agree to a two or three week delay. The Vice-Mayor closed the public hearing. The Planning Director noted the EIR does state significant impacts of this project. TOWN COUNCIL MINUTES #847 8-2-89 Page 5 Councilmember Coxhead noted 1/3 of the the proposal houses would use Heathcliff which is 22' wide with no provisions for parking; there would be no room for fire trucks if a car were parked on Heathcliff; this needed to be resolved. The Planning Director stated the Council must act on this project by September 30, 1989. Councilmember Coxhead suggested a continuation of this item until August 16; noted the Town Council will adopt density for this project on August 15 under the Draft General Plan; he personally could not support more than 40 units. Councilmember Logan noted the OPR extension is explicit; he must insist any application for discretionary land use be consistent with the Draft General Plan, and all the evidence indicates this project is not consistent; if applicant is really interested in working with the Town, and redoing the project once they know the density the Town is going to approve, that would be fine; concerned the applicant is not willing to give the Town an extension on AB884 which is September 30, 1989; asked applicant to tell the Council if they would like a continuance or a decision tonight. Mr. Brekhus stated the applicant would like a decision tonight. MOTION: Adopt the Resolution Denying the Marinero Estates Master Plan for Seventy (70) Single Family Residential Lots on 101 Acres at the End of Lyford Drive (Harroman Property) Moved: Logan, Seconded by Coxhead Vote: AYES: Coxhead, Logan, Shaw NOES: None ABSENT: Mayberry, Duke 6. APPEAL BOARD OF ADJUSTMENTS' REVIEW DECISION (A.P. #59-141-28) Applicant: Henriksen, 2290 spanish Trail; Appellants: Lawrence & Ruth Stotter and Mrs. Ernie Nevers - Request for Variance for Non-Conforming Structure) The Planning Director reviewed the Staff report. The applicant has received approval for a lower level addition of two bedrooms to accommodate a paraplegic brother and his nurse; the appeal refers to a typographical error designating an R-2 zone instead of R-1, however, the Design Review Board were aware of the proper applicable zoning of R-1; the lateness of the DRB hearing does not negate its legality; concerns of an illegal second unit being proposed are not substantiated because there is no kitchen proposed and claims that the application was requesting a special privilege. The DRB did grant a variance which allows changes in a residence that is a non-conforming structure; Staff recommends denial of the appeal and denial of the request for fee waiver of the appeal fee. TOWN COUNCIL MINUTES #847 8-2-89 Page 6 Jim Ton, representing architect Bill Von Lackum, stated the 2600 sq. ft. lot coverage did not include the garage; the proposed addition was 713 sq.ft.; the crawl space currently has a water heater and furnace. There was a review of the architectural drawings and discussion regarding the need for a variance for the non-conforming side yard setback; discussion regarding no internal access between levels; discussion regarding the possibility of including stairs and a handicapped chair lift, which was not included in the Design Review approval. Lynn Henriksen, 2290 Spanish Trail, applicant, stated her intent was to go downstairs to bring food and visit her brother; a conceptual drawing of outside stairs was done as a suggestion but her brother couldn't use them; a stairway into the house wouldn't be convenient and couldn't be used by her brother. Councilmember Logan noted the Council had received a letter from David Kirschhoff which questioned the ownership of the property. Ms. Henriksen stated Mr. Kirschhoff's letter was not relevant to the Appeal before the Council. Council called a ten minute recess to allow members of the audience read Mr. Kirschhoff's letter which had been received that day. Ms. Henriksen stated she is the owner of the house and was not proposing a second unit; asked that the issues of the Appeal be addressed; she had called her neighbors and asked them how this application would hurt them; what she got from the two people who made the appeal were their personal vendettas against the Kirschhoff family; wanted the Council to stick to the issues. The Vice-Mayor opened the public hearing. Lawrence Stotter, 2244 vistazo East, immediately adjacent to the side yard of the applicant's residence, and also representing Mrs. Nevers, 2251 Centro East, who is also contiguous to the applicant's residence, stated his concern that discussion at the BAR meeting indicated neighbors approved the application; strongly objected to some of the procedural failures of Staff in its report and recommendation; asked Council to consider his long time tax paying status as a resident of Tiburon; objected to BAR hearing at 1 A.M.; he had to leave the BAR meeting at midnight; objected to Staff report reference to R-2 Zone; objected to Staff's reference to a two room addition; noted the architect describes the project as three rooms and bath; not sure what Zone Staff is considering when making their recommendation; concerned that Staff is not telling Council Ordinance No. 282 N.S. provides for establishment of a second unit; what has not been told to this Council is that there is already a second unit put into the applicant's home; stated the second unit was installed when Col. Kirschhoff died to accommodate Mrs. Kirschhoff; bothered by the need for another second unit; the requirements for the second unit are not in effect because they TOWN COUNCIL MINUTES #847 8-2-89 Page 7 didn't go through the procedures; in his opinion, the proposal was another second unit. Mr. Stotter gave his opinion of various deed and trust restrictions which might apply to ownership of the property; questioned special privilege in granting the variance; didn't see an emergency or exceptional circumstance; noted the variance application refers to a front yard setback and not a side yard setback, and also refers to an increase in the lot coverage beyond the existing home; stated R-1 Zone requires minimum 10,000 sq.ft.; cited California state Code of Appeal cases; questioned why Staff isn't advising Council about expansion of a non- conforming use; asked for legal opinion from Town Attorney; noted there are disputes regarding surveys of properties in this area which it is their opinion it is beyond the power of an individual to rectify; that is why Mrs. Nevers believes the addition is on her land; believed there were more than one variance involved. Mrs. Marjorie Nevers, 2251 Centro East, stated she saw plans two days before the meeting and indicated that the shrubs were on her property; would like to have the corners of the property defined. Nicholas Forell, 2200 Spanish Trail, stated he never saw any plans prior to the BAR meeting; took plans to some architect friends and these plans do not meet handicap requirements; objected to this particular development. Betty McKegney, vistazo East, stated her Mother built the house; an additional unit was added years ago and she supported access from the driveway and garage. Nat Marans, Spanish Trail, elaborated on the Zoning Ordinance as it applies to non-conforming uses; upset with Staff's recommended variances; Staff eluded to the wrong zoning; a unit as proposed is a potential danger for an area like Spanish Trail. Lynn Henriksen stated she didn't know how to respond to lies; she didn't have a second unit; she had told the Council the truth and had nothing else to say. The Planning Director stated the R-1 Zone is mentioned throughout the Staff Report and the BAR knew which zone applied to the property; the Board evaluated the proposal and made the findings for a variance for a non-conforming structure; cited section 17; decision are not based on pending law, but on existing law; the only requirements for handicapped bathrooms apply to public restrooms, not private homes. Councilmember Mayberry didn't think she had sufficient information. Councilmember Logan disagreed with the BAR decision and urged applicant to work with the existing space with perhaps some modest addition; didn't feel there were exceptional circumstances to grant a variance; suggested she meet with her neighbors and try to explain what she is trying to do; surprised Staff didn't mention it was an undersized lot; seems with over 2600 sq. ft. the applicant should be able to use existing space for her needs; preferred the TOWN COUNCIL MINUTES #847 8-2-89 Page 8 applicant go back to the drawing board; suggest application return to the Council after the applicant confers with her architect and neighbors. Councilmember Logan stated he couldn't agree with granting a variance; didn't think faulty Staff Report was a basis for the appeal; didn't agree that the hearing being held a 1 A.M. was a basis for the appeal; didn't believe there were exceptional circumstances; believed Ms. Henriksen, however, had a difficult time accepting this was not a second unit; it doesn't pass the smell test the way it is designed; applicant should try another design. Councilmember Mayberry suggested a second unit be applied for if appropriate for this zoning; concerned about title to the property; wanted more information on ownership. MOTION: To uphold the Appeal and Deny the Application Moved: Mayberry, Seconded by Logan AMENDED MOTION: To uphold the Appeal and Request the applicant redesign so that space can be modified to accommodate her needs and come back to the Council with a new design and hopefully it will not require any additional encroachment in side or front yard. Moved: Coxhead Amended Motion accepted by Councilmembers Mayberry and Logan Vote: AYES: ABSENT: unanimous Duke 8. ABATEMENT OF PUBLIC NUISANCE (317 Karen Way, Illegal Structure) The Planning Director showed a video tape of the property at 317 Karen Way which depicted construction debris and a large excavation in the backyard; stated he was concerned that a danger existed, and recommended the Council refer the matter to the Town Attorney for abatement proceedings. Mr. Lohman stated there have been stop Work Orders and the Building Inspector has informed the owner of the dangers that exist and the need for building permits. Peggy Hill,' 358 Karen Way, stated the Police have been called to this address thirteen times since January 1987; requested the owner submit specific plans before the Board of Adjustments and Review and not be allowed to work on weekends. Virginia Brunini, 267 Karen Way, stated six years ago she expressed concern about this property; Bel Aire residents desire expedient action. TOWN COUNCIL MINUTES #847 8-2-89 Page 9 Mrs. John Posadas, owner, stated they went through the design review process; fence existed prior to their construction work; rebars in the backyard were not exposed to the public; noted her husband has done a great deal of work inside the house, above code requirements; received an extension from the previous Building Inspector who told her it was the last one and they would have to pay new fees; stated her husband had been in an automobile accident; a new Building Inspector showed up and gave him additional things to do such as cleaning up the weeds and clearing the cars which they did; stated they called the Police about ten times because they had several break-ins; a fire was started; stated her husband works on the project in his spare time. In response to Councilmember Logan, Mrs. Posadas stated they did not have approved plans for the work in the backyard. After further discussion, it was determined that the building permits have expired and there has been no final inspection on the electrical wiring; a security fence was needed to keep children out of the backyard. Councilmember Logan stated this property was a blight on the Town and has to be corrected; recommended Staff prepare a Resolution of Abatement; give the owner two weeks interim period to clean-up the yard, otherwise Council should proceed with the abatement; owner needs to get approval of the BAR for exterior work and landscaping. Councilmember Coxhead noted there is no record for building permits for the fence; thought it was ugly; wanted the cars without registration tags removed. Mrs. Posadas asked if she needed to tear down the fence and then get approval for a new fence. The Planning Director stated the Town will require a complete set of plans; everything visible from the street has to be cleaned up in two weeks; the backyard has to be cleaned up. MOTION: Moved: Vote: That the owner clean-up the front yard of everything visible from the street within the next two weeks; barricade both side yards to prevent access to the rear of the dwelling; Staff prepare a Resolution of Abatement for the next Town Council meeting in the event the work has not been done; the Planning Director to report to the Town Council at the August 16 meeting the condition of the premises as of 3 P.M. on August 16; owner to bring plans for all exterior work, including landscaping, to the Board of Adjustments and Review for approval; Staff to research as to what permits are needed and what needs to be done to abate a pre-existing condition; all work to be done between 8 A.M. and 5 P.M., Monday through Friday. Logan, Seconded by Coxhead AYES: Unanimous ABSENT: Duke TOWN COUNCIL MINUTES #847 8-2-89 Page 10 9. AMEND MUNICIPAL CODE - UNDERGROUNDING OF UTILITIES (Section 12A-3 (c) Amendment of Exception provision - Ordinance, 1st Reading) The Council waived reading the Staff report. MOTION: Moved: Vote: To read by title only. Logan, Seconded by Mayberry AYES: Unanimous ABSENT: Duke The Vice-Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING CHAPTER 12A OF THE TIBURON MUNICIPAL CODE WITH RESPECT TO GRANTING OF EXCEPTIONS FOR UTILITY UNDERGROUNDING REQUIREMENTS MOTION: To pass first reading of the aforementioned ordinance Moved: Logan, Seconded by Coxhead Vote: AYES: Coxhead, Logan, Mayberry, Shaw NOES: None ABSENT: Duke F. UNFINISHED BUSINESS G. NEW BUSINESS H. COUNCIL. COMMISSION OR COMMITTEE REPORTS 10. 101 Corridor Committee (Oral Report and Up-date by Councilmember Mayberry Regarding the 101 Corridor Committee's Special Meeting Held in San Rafael on Thursday, July 20, 1989) Councilmember Mayberry stated the Committee wants each jurisdiction's reaction to the proposed Transportation Plan; noted Tiburon's estimated sales tax set aside funds would be $141,250 per year. The Town Manager stated the Committee has been working for over five years; adopted a balanced transportation plan; essentially BART is too expensive to extend from San Francisco to Novato; the one cent gasoline sales tax increase will have to be approved by both the County of Marin and Sonoma's voters; the election will be in June or November 1990. I. COMMUNICATIONS 11. Town of Corte Madera Draft Ordinances Banninq Commercial Vehicle Use of Paradise Drive, dt'd. 7-11-89 This item was agendized for August 16, 1989. TOWN COUNCIL MINUTES #847 8-2-89 Page 11 12. LCOTPOA Board of Directors Meetinq Minutes, dt'd. 7-11-89 Informational Item. J . STAFF AND TOWN MANAGER REPORTS K. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Vice-Mayor Shaw adjourned the meeting at 11:40 P.M. to 7:30 P.M., August 8, 1989 to continue discussion on the Draft General Plan. /<1 ~ fH~~ FRANCIS X. HAW, VICE-MAYOR Town of Tiburon ATTEST: OWN CLERK TOWN COUNCIL MINUTES #847 8-2-89 Page 12 TOWN COUNCIL MINUTES CLOSED SESSION Mayor Duke called the Closed Session of the Town Council of the Town of Tiburon to order at 7:00 PM to discuss personnel matters. CALL TO ORDER Mayor Duke called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:45 PM, Tuesday, August 1, 1989 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Coxhead, Mayberry, Vice- Mayor Shaw, Mayor Duke ABSENT: COUNCILMEMBER: Logan PRESENT: EX OFFICIO: Town Manager Kleinert, Special Attorney Shute, Planning Director Lohman, Planning Consultant Watt, Associate Planner Anderson, Minute Clerk DeFrancis B. PUBLIC QUESTIONS AND COMMENTS Mr. Keller had a question about the Ridge Policy relative to the Smith property. Mayor Duke stated this had been discussed at the July 25th Council meeting. Planning Consultant Watt stated the staff report will be available for review at Town Hall on Friday, August 4th. C. PUBLIC HEARINGS 1. GENERAL PLAN REVISION a. Housing Element Discussion Special Attorney Shute gave a brief staff presentation and stated the OPR mandate to complete the Tiburon General Plan by November 1989 does not apply to the Housing Element and the Town has until July 1990 to revise and adopt this element. He recommended that the Housing Element be adopted on an interim basis with final adoption ocurring in 1990. Much of the work on the Housing Element was done several years ago and the Department of Housing and Community Development (HCD) has criticised the fact that there was no data available after 1986. He questioned whether some of HCD's requests were legally required or justified (i.e. breaking out housing units anticipated in the incorporated vs. planning area). Vice-Mayor Shaw asked if these State mandated items were reimbur- sable. Special Attorney Shute replied there was no funding mechanism for responding to their comments. TOWN COUNCIL MINUTES #846 8/1/89 1 Issue #1- Information Related to Prior Housing Element Planning Consultant Watt gave a brief staff presentation of this issue and stated staff recommends that the Council direct staff to prepare the following information to be added to the Housing Element discussion of the prior Housing Element: 1. A chart containing information about housing units built, conserved and rehabilitated between 1980-88. 2. A statement regarding progress toward the housing needs determination for the period between 1980-88. 3. A discussion about how the proposed Housing Element reflects what was learned from the prior element. Planning Consultant Watt asked for comments to #3 from the Coun- cil. Councilmember Mayberry stated there was not enough affor- dable housing. Vice-Mayor Shaw asked what the criteria would be for #1. Plan- ning Director Lohman stated most of the single family homes constructed and remodeled would not be considered to be in the low to moderate income range. He stated an extensive field check would have to be performed to determine legitimate second units. It was the consensus of the Council to adopt the staff recommen- dation. Issue #2- Update 1980 Census Date Planning Consultant Watt stated staff recommends that major revisions to the needs analysis and other statistical tables should be done when the 1990 census data is available since the Department of Finance data does not suggest any significant changes in housing needs. Mr. Stewart Hopkins questioned whether the Town intends to do anything about affordable housing. He asked about the Council Subcommittee to the Hilarita. Mayor Duke stated the subcommittee consists of Councilmembers Logan and Mayberry. Councilmember Mayberry stated they have not been able to schedule a meeting with the key person from Hilarita. She added it is the intent of the Town to preserve Hilarita as affordable housing. It was the consensus of the Council to adopt the staff recommen- dation. Issue #3- Provide Data and Needs Analyses for the Incorporated Area of the Town Special Attorney Shute stated HCD has requested that the housing needs analysis and housing data be provided for the incorporated Town of Tiburon, yet most of the data and analyses contained in the draft Housing Element are for the entire planing area of the Town. Staff recommends that the Council not attempt to develop 2 data and analyses for the incorporated portions of the Town separate from the entire planning area since there are no statutes requiring this. It was the consensus of the Council to adopt the staff recommen- dation. Issue #4- Analyze Special Housing Needs Planning Consultant Watt stated staff recommends that the Council direct preparation of this additional analysis (handicapped, elderly, large families, etc.) to be completed following interim approval of the element but prior to the July 1990 deadline for adoption. Ms. Karen Nygren asked how this will be accomplished. Planning Consultant Watt stated the programs currently exist to meet the needs that have been identified. It was the consensus of the Council to adopt the staff recommen- dation. Issue #5- Identification of Sites of Emergency Shelters Planning Consultant Watt stated staff recommends that the Council direct staff to update the discussion of homeless housing needs prior to adoption of the interim element. Staff recommends that the Town determine in the General Plan that there is not a suffi- cient homeless problem in Tiburon to warrant a shelter with a formal program. In addition, staff recommends that the last paragraph of the discussion of emergency housing contained in the Housing Element be modified as follows: "It has been determined pursuant to Government Code Section 66583(a)(3) that..." Mayor Duke suggested that, in addition to the staff's recommenda- tions, the Town contribute to the Marin Homeless Program. It was the consensus of the Council to adopt the staff recommen- dations. Issue #6- Additional Information Regarding Hilarita Planning Consultant Watt stated HCD had requested that the element analyze the potential impact of the loss of publicly subsidized housing and particularly, update information about Hilarita. Staff recommends that discussion be included in the interim element regarding the specific status of Hilarita and a program be added which calls for a commitment to preserve Hilarita through appropriate actions. The element should mention the subcommittee set up by the Town to study the issue, and make specific recommendations. Mayor Duke stated it would probably take all of the money avail- able and projected, to the exclusion of everything else, to make a serious commitment to preserve Hilarita. 3 Councilmember Mayberry was in favor of the Town making a commit- ment to preserving Hilarita as affordable housing, without specifying the funding (in-lieu fees, etc.). It was the consensus of the Council to adopt the staff recommen- dations. Issue #7- Town Hall Site Planning Consultant Watt stated both HCD and the Ecumenical Society have requested that the Town make a stronger commitment to the Town Hall site as a location for affordable housing. She stated the Council should review Program H-v and consider whether to add language evidencing a commitment to use of the site for affordable housing. Mayor Duke objected to committing the site to low and moderate income housing when it may remain the Town Hall site. Councilmember Mayberry would prefer to assign affordable housing as the number one priority for reuse of the property. She was reluctant to assign a number of units for the site. Councilmember Coxhead agreed with Councilmember Mayberry and suggested designating 42 units for the site. Vice-Mayor Shaw suggested incorporating Programs H-v and H-w, relate that to the affordable housing site study, and leave out the numbers at this point. Special Attorney Shute stated the element must specify a program for pursuing affordable housing and specify numbers of expected production of affordable housing. However, the final numbers can be adopted in July 1990. It was the consensus of the Council to leave Program H-v as is. Issue #8- Infrastructure Constraints to Housing Production Special Attorney Shute stated HCD has requested additional information about the effect on housing production if there were a restriction on sewage capacity. Staff recommends that the following language be inserted in the element: "If infrastructure capacity limits are reached in the district, such capacity limits could affect the timing of production of new housing within the area served by the district." Following interim adoption, but prior to the July 1990 deadline for final adoption, information shoudld be added regarding any specific infrastructure con- straints which may affect specific housing sites. It was the consensus of the Council to adopt the staff recommen- dations. Issue #9- Analysis of Constraints Upon Housing Due to Governmental Requirements, Procedures and Fees and Financing Special Attorney Shute states staff recommends that prior to interim adoption the following statement be added to the element: 4 "The Town of Tiburon has chosen to maintain a semi-rural character.." Following interim approval of the element, but prior to the July 1990 deadline, additional analysis of housing constraints due to specific Town regulations should be included in the element. It was the consensus of the Council to adopt the staff recommen- dations. Issue #10- Description of How the Town Utilizes Population Density Standards. Planning Consultant Watt stated staff recommends the element should clarify at page 32 and in the land use element at page 6 that population density references are for information only and will not be used in a regulatory manner by inserting the follow- ing language: "The assumed number of persons per household is for planning purposes and is not intended to regulate household size." It was the consensus of the Council to adopt the staff recommen- dations. Issue #11- Housing Production Targets (Five-Year Housing Program 1989-1995). Planning Consultant Watt stated HCD has requested that the program section of the Housing Element provide more precise timelines, detailed program descriptions and commitments. Staff recommends adoption of targets for the following programs: Page 8/H-g Target: 4 units Page 9/H-j Target: 4 units Page 9/H-k Target: by 1995 Page 10/H-o Target: 4 units Page 12/H-v Target: 42 units. Staff also recommends changes to the following programs: H-a: Development review and streamlining, insert the word shall; H-b: Redevelopment Agency powers, insert the following, by al- locating tax increment...; H-c: Rehabilitation loan programs, insert the word shall. It was the consensus of the Council to adopt the staff recommen- dations, but to leave H-j unspecified. Issue #12- Based on Programs Include Projections for Units Built, Conserved and Rehabilitated Special Attorney Shute recommended the these projections be developed once programs are finalized by the Council and included in the element prior to interim adoption. It was the consensus of the Council to adopt the staff recommen- dation. Issue #13- Identification of a Program to Promote Equal Housing Opportunities 5 Planning Consultant Watt stated staff recommends that the follow- ing language be inserted in the housing element: "All of the housing goals, policies and programs are intended to provide equal housing opportunities..." It was the consensus of the Council to adopt the staff recommen- dation. Issue #14- strengthen Policy H-17 Related to Affordable Unit Requirement Planning Consultant Watt stated the Town's prior General Plan contained a policy which required projects of 10 or more units to provide at least 15% of their units affordable to moderate income households or to pay in lieu fees. Staff recommends that the Council review Policy H-17 and determine whether modifications to the policy requiring 15% of the units to be affordable are desirable. Special Attorney Shute stated AB1600 requires that money collected from developers be spent within five years or it has to be refunded. Mayor Duke was in favor of leaving it at 10% but require developers to build on-site housing. Councilmember Mayberry was in favor of 15% and a stronger wording insisting on housing instead of the in lieu fees. Councilmember Coxhead was not in favor of increasing it from 10% to 15% because it would put further constraints on the developers. He had a preference for providing the affordable housing on-site. It was the consensus of the Council that staff return with infor- mation regarding other policies throughout Marin County. Issue #15- Housing Element Appendix Planning Consultant Watt stated staff recommends that the infor- mation be updated following interim adoption, but prior to the July 1990 deadline. It was the consensus of the Council to adopt the staff recommen- dation. Issue #16- General Plan Consistency Special Attorney Shute stated staff recommends the addition of language describing the means by which consistency between the Housing Element ant other General Plan Elements will be achieved. It was the consensus of the Council to adopt the staff recommen- dation. 6 Issue #17- Housing Element Errata It was the consensus of the Council to adopt the staff's recom- mended changes to the errata. Other Items H-16, Density Bonuses Mayor Duke asked for clarification on H-16, density bonuses. Special Attorney Shute stated there is a state statute which has a provision for bonuses up to 25% for various kinds of affordable housing. The Town would have to acknowledge any such request as it is a part of the State Code. This was not intended to address anything about possible density bonuses for general development as was discussed in connection with the Open Space and Conserva- tion Element. Councilmember Mayberry asked if the 25% bonus would be granted even if it violated some of the constraints of the General Plan. Special Attorney Shute stated the implication of the statute is that it will be granted even if it creates, for example, viola- tion of traffic service standards. H-24, Encourage Small Family Units Planning Consultant Watt stated the requirement is to address special needs. It was the consensus of the Council to eliminate this policy. H-28, Mobile Homes and Manufactured Housing Special Attorney Shute stated there is a state statute requiring this policy. H-I, Existing Second Units Councilmember Mayberry asked why 10 was the target number and preferred that it be "10 or more". Planning Consultant Watt stated although there were more than 10 illegal units in Tiburon, not all would qualify for legalization. Councilmember Mayberry cited page 14, and stated she was dis- turbed that the Town was acknowledging that it was not going to meet ABAG's percentages of very low or low and moderated units. Councilmember Mayberry cited page 24, and stated the current local permit fees should be used. Councilmember Mayberry cited page 26, and stated there should be mention of the the MMWD moritorum. Assistant Planner Anderson cited Policy H-26, page 6, which referred to density bonuses above General Plan densities for senior projects. It was the consensus of the Council to retain this policy. 7 D. STAFF AND TOWN MANAGER REPORTS There were none. E. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Duke adjourned the meeting at 10:35 PM to August 8th, 1989 for further discussion of the General Plan. ATTEST: .--.---",-", . /' >r:,.. ",,,. ~" LAWREJreE ~' ~ . __.//T 8 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Duke called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:35 PM, Tuesday, July 25, 1989 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Mayberry, Vice-Mayor Shaw, Mayor Duke ABSENT: COUNCILMEMBERS: Coxhead, Logan PRESENT: EX OFFICIO: Town Manager Kleinert, Finance Officer Stranzl Planning Director Lohman, Special Attorney Shute, Planning Consultant Watt, Associate Planner Anderson B. PUBLIC QUESTIONS AND COMMENTS There were none. c. NEW BUSINESS 1. ESTABLISH COMPOSITION OF BOARDS a. Appointment of Board of Adjustments & Review (BAR) Members b. Appointment of Design Review Board (DRB) Members 2. SCHEDULE TOWN COUNCIL, BAR & DRB WORKSHOP (Determing Early August Date for Council Workshop with New Boards) MOTION: To appoint those individuals as recommended by Design Review Board Chairman Moorhouse to serve on the Board of Adjustments and Review and the Design Review Board. Moved: Duke, Seconded Mayberry Vote: AYES: Unanimous ABSENT: Coxhead, Logan Mayor Duke suggested the Council schedule the workshop with the new boards when Councilmembers Coxhead and Logan return. Vice- Mayor Shaw disagreed and would like to meet as soon as possible. It was the consensus of the Council to schedule the workshop meeting with the new boards on Thursday, August 10th at 6:30 PM. Mr. Stewart Hopkins expressed concern with the way boards and commissions are established and questioned the Council policy for filling those positions. Vice-Mayor Shaw stated the position vacancies are advertised in the Ark and everyone is encouraged to apply. The interviews are held prior to the regular Council meetings and the public is not excluded. Town Council Minutes, July 25, 1989 #845 Mayor Duke stated he would prefer to see a certain amount of land, determined by the project, set aside as dedicated open space under the responsibility of the homeowners association to allow public access. The other open space would be on private lots with lot coverage building restrictions. Mayor Duke suggested that the following change to the policy: "Such open space may be a combination of contiguous open space which would link up with adjacent open space whenever practical and would provide public access. Where a more desirable site design would result, consideration should be given to larger individual lots with building restrictions and permanent open space which would be under private ownership and private access. The objectives to be served by the open space include habitat and vegetation protection, public use, view shed protection, private use, directing development to more desirable development area (e.g. avoid steep slopes, ridgelines, etc). These policies should be used to ensure that at a minimum, 50% of the parcel is retained in open space." Dr. Kilgore stated expressed concern with the concept of access to private property. Issue #4: Priority Acquisition Areas Special Attorney Shute stated the Council may wish to delete from the list all properties for which development applications are likely including Upper Smith, Jay and Harroman. He stated this could be viewed as an attempt to lower the price of the property to make the acquisition more affordable and advised against it. Mayor Duke suggested including a policy statement that the Town should take affirmative action, such as the appointment of an Open Space Committee whose function is to make recommendations for implementation of the Open Space Policy. Planning Consultant Watt suggested adding to Policy OSC-G designating a committee. It was the consensus of the Council to retain the policy but delete the list of specific properties. Issue #5: To The Maximum Extent Feasible Language Special Attorney Shute stated staff recommends that the phrase "To the ma~imum extent feasible..." be used consistently throughout the General Plan. Councilmember Mayberry requested this language be left in the General Plan and not just put into the Zoning Ordinance. It was the consensus of the Council to adopt the staff recommen- dation. Issue #6: Clarification of OSC-b. p. 6 3 D. PUBLIC HEARINGS 3. GBNERAL PLAN REVISION a. Continued Discussion of Open Space Element and Conservation Element Issues b. Safety Element and Noise Element Issues c. Housing Element Issue a. Continued Discussion of Open Space Element and Conservation Element Issues Issue #3: OSC-15, page 5, Site Coverage Planning Consultant Watt cited the policy and stated the Paradise Drive Group strongly favors a policy supporting the open space goal over the larger lot solution. She cited the aspects of the policy the Council should debate. Councilmember Mayberry asked how the open space easements on private property would be protected. Special Attorney Shute stated it could be done as a matter of recorded instrument. He added public use was only one of the factors considered for open space. Planning Consultant Watt added that it could serve as viewshed protection and/or habitat and vegetation protection. Mayor Duke opened the Public Hearing. Mr. John Hoffmire, representing the Smith/Kilgore group, stated contiguous open space areas could be maintained on top of the ridge and the "larger lot" concept could be used on the lower lots. Planning Commissioner Karen Nygren stated the Commission felt a project should be made to fit the land and wanted to avoid the term "clustering". Mayor Duke closed the Public Hearing. Mayor Duke stated the policy should be determined by the objec- tives served by open space- viewshed protection, vegetation protection, public use, etc. Special Attorney Shute stated the issue staff intended to raise was whether ,or not the 50% open space should be on parcels dedicated to a homeowners association or within a privately subdivided parcel that was restricted from some form of develop- men t . Councilmember Mayberry stated she preferred to see dedicated permanent open space with the less desirable alternatives being private open space with the homeowners association responsible for maintenance, and easements on private lots. Planning Director Lohman stated the ideal situation would be to have a homeowners association that maintains a common open space parcel with public access a condition of approval. 2 . Planning Consultant Watt stated staff recommends that Program OSC-b be reworded as follows: "The Town shall also develop and adopt guidelines defining secondary ridgelines of significance." It was the consensus of the Council to adopt the staff recommen- dation. Issue #7: Presence of Significant Ridgelines, p. 8 Planning Consultant Watt stated staff recommended the following wording: "Presence of significant secondary ridgelines. It was the consensus of the Council to adopt the staff recommen- dation. Open Space and Conservation Element, OSC-5, page 4, Ridgeline Policy Councilmember Mayberry stated she would like the Council to adopt the Planning Commission's recommendation regarding this policy- 50 vertical feet from the top of the ridgeline. She added she favored the rating system which assigned numbers (high and low potential) to open space parcels. Special Attorney Shute stated they tried to come up with criteria which preserve that concept without doing the planning on the actual parcels. Planning Consultant Watt stated at a prior meeting a high priority had been placed on protecting the ridgeline and staff was to rework the third component, essentially retaining the Planning Commission's recommendation with a few minor changes. b. Safety Element and Noise Element Issues Issue #1 Associate Planner Anderson stated Policies SE-2 and SE-3 need modification into "policy" language format because they currently read like "programs". It was the consensus of the Council to adopt the staff recommen- dation. Issue #2 Associate Planner Anderson stated staff recommends deletion of Policy SE-6 because Policy SE-7 already encourages development on flatter areas. Councilmember Mayberry would like to change SE-6 to read: "Encourage development on flat areas except ridgelines where hazards are less likely to exist." It was the consensus of the Council to adopt the staff recommen- dation. 4 Issue #3 Associate Planner Anderson stated Policies SE-8, SE-9, and SE-10 contain similar wording and could be consolidated into one policy following consultation with the Town Engineer. Special Attorney Shute stated staff will return with language that encourages individuals to recognize their responsibility to maintain their property. Issue #4 Associate Planner Anderson stated staff recommends that Policy SE-l1 be revised to make the sub-surface geologic report a requiement for land division applications only. Associate Planner Anderson stated staff will fine-tune the language and resubmit to the Council. Issue #5 Associate Planner Anderson stated staff recommends deletion of Policy SE-15 since insurance and title companies perform this function and it would be very difficult for the Town to enforce. Councilmember Mayberry would like the policy to remain. It was the consensus of the Council to adopt the staff recommen- dation. Issue #6 Associate Planner Anderson stated Policy SE-16 needs to be more specific as to the type of application it is directed toward and recommends the first sentence be changed to read, "Require, as a condition of approval for land divisions, a study of the. .." It was the consensus of the Council to adopt the staff recommen- dation. Issue #7 Associate Planner Anderson stated Policy SE-19 was highly inflexible and staff recommended changing the word "provide" to "encourage" . Councilmember Mayberry stated she would like to keep the language strong. It was the consensus of the Council to adopt the staff recommen- dation. Issue #8 Associate Planner Anderson stated Policy SE-21 was strict and all-encompassing and staff recommended changing the word "require" to "encourage". 5 Councilmember Mayberry preferred the word "require". It was the consensus of the Council to adopt the staff recommen- dation. Issue #9 Special Attorney Shute stated Program SE-a would provide that the Zoning Ordinance must call for decreasing allowable density as slopes increase. Staff recommends deletion of Program SE-a because it is not consistent with density provisions contained in the Land Use Element and the Open Space and Conservation Element. Councilmember Mayberry preferred to leave this program in and make adjustments to the elements in conflict. Mayor Duke suggested a general policy stating that the Town supports lower densities as slopes increase. It was the consensus of the Council to adopt the staff recommen- dation. Issue #10 Associate Planner Anderson stated Programs SE-b and SE-c mandate that building coverage and floor-area-ratio decrease as slopes become steeper. Staff feels these programs need evaluation and recommends that the policies be changes to read "Consider development and adoption of a zoning ordinance which..." He added that floor area ratios are already mandated in the Land Use Element policies. Planning Consultant Watt clarified that floor-area-ratio allows flexibility within the height limits. A .25 FAR would allow a one-story building on 1/4 of the parcel or a two-story building on 1/8 of the parcel. It was the consensus of the Council to adopt the staff recommen- dation. E. STAFF AND TOWN MANAGER REPORTS There were none. F . ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Duke adjourned the meeting at 10:30 P.M. to August 1st for further discUSSiOnQ~~ Gener~l p' n. .~'" ~~<-...(----' /<--~. "- , MAYOR ATTEST: ~ --- 6 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Duke called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:35 P.M., Tuesday, July 18, 1989 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Logan (7:55), Mayberry, Vice-Mayor Shaw, Mayor Duke ABSENT: COUNCILMEMBERS: Coxhead PRESENT: EX OFFICIO: Town Manager Kleinert, Special Attorney Shute, Planning Director Lohman, Planning Consultant Watt, Associate Planner Anderson, Minute Clerk DeFrancis B. PUBLIC QUESTIONS AND COMMENTS There were none. C. PUBLIC HEARINGS 1. GENERAL PLAN REVISION a. Land Use Element Issues and Discussion b. Open Space and Conservation Element Issues and Discussion A. Land Use Element Issues and Discussion Planning Director Lohman presented the staff report and briefly summarized the issues in the Land Use Element which should be addressed by the Council. Mayor Duke ,opened the Public Hearing. Issue #1- Goal LU-B and Policy LU-15 regarding the "rural residential" character of Tiburon Associate Planner Anderson stated the alternatives to "rural residential" include "low-density residential", and "semi-rural", and added that the Old General Plan referred often to the "village" character of the downtown. Ms. Sandra Swanson, representing the Paradise Drive Residents Group, stated the term "rural" was quite descriptive of the East side of Paradise Drive. Town Council Minutes, #843, July 18, 1989 Mr. Mark Reid, representing the Martha Company, stated "rural" suggests horses and cows and the Town has an ordinance against keeping these types of animals. Ms. Randy Greenberg, suggested "rural residential" for the Paradise Drive area, and another term for the rest of Tiburon. Planning Director Lohman stated "rural" generally refers to areas that are quite a distance away from cities. Planning Consultant Watt stated the State Housing Program does separate out funds that are available for "rural" areas. These areas are described as having lower-median incomes, a higher proportion of substandard housing, and fewer available financial resources. She suggested this term be avoided. It was the consensus of the Council that the term "low-density, residential, with a village-like character" be used. Issue #2, Policy LU-9 which establishes maximum Floor-Area-Ratios of .17 for all commercially-designated portions of Downtown. Associate Planner Anderson stated staff's interpretation of the Old General Plan was that the .17 FAR was intended to apply to undeveloped property and not necessarily existing development already at a much higher FAR. He added some flexibility may be needed. Vice-Mayor Shaw asked if this would preclude a new Town Hall site being built on Mar West. Assistant Planner Anderson stated the Mar West site would be designated Quasi-Public and would have a floor area ratio of 1.0. Mayor Duke asked if there had been any discussion regarding setting aside part of the old downtown as an historical district. Planning Consultant Watt read Policy DT-ll: "The Town of Tiburon shall encourage preservation of significant or historic buildings in the downtown area." She added that Program DT-E calls for the preparation and adoption of an historic preservation ordinance for the downtown area. Mayor Duke suggested setting the old downtown area as a special district and adopting a policy to allow rebuilding to the same FAR in the event the building was destroyed, but not allow major additions or increased FARs. The area would include Tiburon Boulevard and Main Street, through Beach Road to Main Street- the entire corridor. This same policy would apply to the remaining, developed portions of downtown. The .17 FAR would apply only to the undeveloped lots in downtown area. Councilmember Mayberry and Vice-Mayor Shaw were in support of this. Issue #3, Downtown Sub-Element and Policy DT-3 regarding "tourist-serving" land uses. 2 . Planning Director Lohman stated this policy essentially prohibits "tourist-serving" land uses in the neighborhood Commercial Dis- trict of Downtown, and encourages "resident-serving" uses. These terms will be defined in the Zoning Ordinance. He stated staff would prefer to see some flexibility. Mayor Duke stated he would like to allow predominantly "tourist- serving" uses in the historical portions of Tiburon. Associate Planner Anderson recommended the following wording: "strongly discourage tourist-oriented businesses outside of the main street", to show clear intent. Councilmember Mayberry suggested the following wording: "The neighborhood commercial land use designation shall permit primarily resident-serving commercial uses." It was the consensus of the Council to adopt this wording. #4 Land Use Element Appendix Planning Director Lohman stated the information in the Appendix was obsolete and superfluous and should be deleted. Ms. Sandra Swanson stated there will be a 20% increase in Tiburon's population by 1995. ABAG's goal has already been met and exceeded by 45%. She asked the Council who they will repre- sent when setting densities- the developers or the residents. Planning Consultant Watt stated HCD has requested the delineation of the needs for the Town vs. the unincorporated area and staff was looking into this. A program could be implemented that calls for disaggregated of data, neighborhood by neighborhood. Councilmember Mayberry asked what would replace the Appendix. Planning Consultant Watt stated it would be replaced with figures that are not disaggregated on a neighorhood by neighborhood basis, but rather reflect the Town and its sphere of influence as a whole. Councilmember Mayberry thought it very useful to know this information on a neighborhood level. Planning Consultant Watt recommended that a program be put into the Housing Element to develop this kind of information. Associate Planner Anderson stated this information would take several months to formulate due to the rapid changes in Tiburon. Councilmember Logan stated the information would be useful but not essential and did not want to direct staff to come up with the revisions for the final document. Special Attorney Shute reiterated that a program to provide this information could be included in revisions to the General Plan or periodic reports could be made to the Council. There was no legal requirement that this information be included in the General Plan. It was the consensus of the Council to delete the Land Use Element Appendix, with Councilmember Mayberry in opposition. 3 Issue #5, Clarification of Annexation Policies Associate Planner Anderson stated the changes are relatively minor which includes a phrase that the Town supports the dual annexation policy of LAFCO. Planning Consultant Watt stated HDC's request for desegregated information (Town vs. unincor- porated area) would be eliminated if the General Plan contains persuasive language stating that the Town intends to seek annexa- tion. Vice-Mayor Shaw asked if the density designations include a bonus for low and moderated income housing. Special Attorney Shute stated the Government Code sets state mandated bonuses up to 25% depending on the type of affordable housing provided. The Town would have no power to resist an appropriate proposal. Special Attorney Shute clarified that HCD has asked the Town to account separately for the housing need outside of the present Town limits and within the Town limits. However, ABAG's numbers do not do this, and the basis of ABAG's projections is not known. He reiterated that he was not convinced that HCD's request was reasonable or legally required. Mayor Duke supported staff's clarifications on the annexation policy and stated they accurately reflect what is likely to take place. Councilmember Mayberry liked the addition of the Towns support of LAFCO's dual annexation policy. She expressed concern about the effects of the unincorporated areas development on traffic circulation. Planning Consultant Watt suggested making the language stronger in the introduction regarding annexation or insert language into the annexation policies expressing these concerns. Miscellaneous Recommended Changes It was the consensus of the Council to adopt these changes. Land Use Map Errata It was the consensus of the Council to adopt these changes. Other Issues and Concerns Councilmember Mayberry referred to LU-8, page 5, and asked why there was further discussion with LAFCO regarding the sphere of influence. Associate Planner Anderson stated there was a dis- crepancy pointed out in the General Plan's EIR. A small portion of the Ring Mountain preservation are was incorrectly shown as being in the Tiburon planning area but in the Corte Madera sphere of influence. 4 Councilmember Mayberry referred to LU-17, page 7, and requested that "30% slope" be added to the list of physical contraints. Special Attorney Shute stated slope would fall into the category of environmental and physical considerations, however, it could be added if the Council wishes. Planning Consultant Watt stated this would be dealt with later in the evening. Councilmember Mayberry opposed the use of the word "average" in LU-19 and would like it changed to "maximum". Associate Planner Anderson stated one of the easier ways to calculate slope has been to use an average slope measurement. Planning Consultant Watt stated this refers to infill lots that have very steep slopes and thus have not been developed. They were trying to avoid a "taking" situation. Planning Consultant Watt suggested adding the words "to the extent feasible the development shall not occur on slopes exceeding 30%", and the following words for clarification, "the property proposed for resubdivision". Councilmember Mayberry stated the definitions section should make a distinction between "lot", the end product of a subdivision, and "parcel", which could be subject to resubdivision. Councilmember Mayberry stated she was very concerned with the enormous houses being built and would like to limit the size of future residences. Planning Consultant Watt stated this was discussed by the Planning Commission and they decided to include Policy LU-22 which states, "The Town shall adopt and enforce floor area ratio limitations for residential development." LU-A would be the corresponding implementing program. Staff feels that FAR's for residential uses is most appropriate in the Zoning Ordinance. Mayor Duke opposed setting absolute numbers on the size of a house that can be built. He also felt FAR's to be an imprecise criteria to apply to building a house. He preferred a lot coverage limitation. Vice-Mayor Shaw asked if the Council could set a policy opposing houses over 5,000 square feet. Special Attorney Shute stated the concept would be appropriate but this number may be too small. He suggested that LU-22 be amended to say, "The Town is concerned about very large homes and shall consider for adoption restric- tions on home size including lot coverage, a cap on house size, and FAR's." Planning Consultant Watt referred to the Quality Policy, page 4 of the Open Space and Conservation Element, which reads: "Moriotony in design and massive structures and site coverage that overwhelm the surrounding area shall be avoided". Planning Commissioner Karen Nygren stated the Commission received numerous letters in support of FAR's. B. Open Space and Conservation Element Issues and Discussion Planning Consultant Watt presented the staff report and briefly summarized the issues in the Open Space and Conservation Element which should be discussed by the Council. 5 Issue #1- OSC-5, page 4, Ridgeline Policy Planning Consultant Watt stated the third component recommended by the Planning Commission was too harsh of a restriction particularly as it applied to several properties. However, some kind of visual protection would be necessary and staff recom- mended the following: "No structure should be allowed to encroach within 25 vertical feet of the Tiburon ridgeline... .If encroach- ment is unavoidable, structures shall be limited to one-story in height and not exceed 15 feet in height from grade." Ms. Randy Greenberg expressed support of the Planning Commission's original recommendation and stated it was modified by the phrase ,"to the maximum extent feasible". She was concerned about the views. Ms. Karen Nygren agreed with Ms. Greenberg and stated that the Planning Commission's recommendation of 50 vertical feet was a compromise. Mr. Tom Newton, representing the Smith property, supported the original staff recommendation of the 50 foot vertical with the limitation of a single story structure. The absolute prohibition of the 50 foot vertical forces development further down on the steeper slopes. Mr. Zachary Smith stated that Council should consider how all the policies interact. Mr. Karl Treffinger stated this policy was aimed at the Smith and Harroman properties and these should be dealt with individually and with flexibility. He reiterated the cummulative effects of all policies. Mayor Duke stated this policy affects every undeveloped piece of property along the ridgeline in the Town of Tiburon. Ms. Judy Waller, representing the Martha Company, asked the Council to consider the vantage points the development will be viewed- what you see and where you see it from. She agreed with Mr. Treffinger and asked the Council to treat these properties individually. Mayor Duke suggested considering the Planning Commission's recom- mendation, eliminating the phrase "To the maximum extent feasible", and adding the following proviso, "if the implemen- tation of these policies precludes all reasonable use of the property, then development can be allowed with a one-story limitation in height." Special Attorney Shute stated this was a good solution from a "takings" point of view. Mayor Duke stated he felt it more important to protect the ridge policy than to preclude development on 40% slopes. Planning Consultant Watt stated staff will submit revisions to this policy for Council review. 6 Issue #2, OSC-7, page 4, Slope Policy Planning Consultant Watt presented the staff report and stated staff was leaning towards a more liberal slope policy of 40%. Special Attorney Shute recommended including language stating a preference- development on 40% slope as opposed to development on the ridge-if it becomes necessary to allow some development in order to give the property owner reasonable use. Dr. Eugene Kilgore stated successful development occurs on slopes that exceed 40%. He stated the 40% slope policy would be an injustice to landowners. Mr. Ralph Alexander, architect, stated a 2:1 ratio, or 50% slope, would be the ideal downhill slope to build on in terms of the amount of grading needed. Mr. Rob Hart, project manager for the Jay (Terraces) property stated that, contrary to the staff report, a detailed slope analysis showed that their property had a slope of less than 30%. Mayor Duke asked if the Martha Company property was included .in the Tiburon Ridge. Planning Consultant Watt stated it was not and the Tiburon Ridgeline Policy would not affect the Martha Company property. Councilmember Mayberry opposed the policy and would prefer to discourage construction of houses on slopes exceeding 30%. It was the consensus of the Council to adopt this policy. Coun- cilmember Mayberry was opposed. Mayor Duke complimented staff on the tremendous amount of work performed in a short period of time. D. STAFF AND TOWN MANAGER REPORTS There were none. E. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Duke adjourned the meeting at 10:25 P.M., sine die. ~--- ---- ? ~ , ____ 61, ~~':J."~-- - -~_ LAWRE E?'-. DUKE , MAYOR ,---_../ 7 TOWN COUNCIL MINUTES CLOSED SESSION Mayor Duke called the Closed Session of the Town Council of the Town of Tiburon to order at 6:40 P.M. to discuss litigation and personnel matters. CALL TO ORDER Mayor Duke called the regular meeting of the Town Council of the Town of Tiburon to order at 7:30 P.M., Wednesday, July 19, 1989 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Logan, Shaw, Mayberry, Duke ABSENT: COUNCILMEMBERS: Coxhead EX OFFICIO: Town Manager Kleinert, Town Engineer Bala, Supt. of Public Works Brunini, Planning Director Lohman, Finance Director Stranzl, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES There were none. C. PUBLIC QUESTIONS AND COMMENTS HIGHLANDS PROJECT Henry Hill, President Bel Aire Improvement Association, asked Council if anything could be done to speed up the landscaping and grading of the Highlands project; presented Council with pictures taken from various locations of Bel Aire; questioned work around the east ditch. The Town Engineer explained the different phases of work being performed by various contractors and being supervised by himself, P.G.&E. and Marin County Flood Control District. Mr. Bala explained that the common ground landscaping would not be done piecemeal as phases were completed, but installed after all grading, slide repair and flood control work was completed. TOWN COUNCIL MINUTES #844 7-19-89 Page 1 In response to Hazel Caldwell, the Mayor stated there is a new design review board composed of former BAR members who will handle applications for new residences, and the Town is also contracting for an Assistant Planner to handle all the Highlands' applications. AIDS ANTI DISCRIMINATION ORDINANCE Irwin Braff, Marin Health Council, asked if the Town was considering adopting an Aids Anti-Discrimination Ordinance. The Mayor stated the request had been discussed and the Town felt it was redundant to adopt an additional ordinance. Council decided to place this request on a future agenda and requested Staff to provide the following information: Has there been a case of discrimination lodged by anyone with Aids or HIV infection against a business in Tiburon? How many reported cases of AIDS or HIV infection have been reported for the Town of Tiburon? Ask the Town Attorney to provide the Council with the State Statues that deal with this issue. D. CONSENT CALENDAR Item 7. LaCRESTA FINAL MAP - Resolution was removed from the Consent Calendar. MOTION: To approve the Consent Calendar consisting of the following items: 1. APPROVAL OF MINUTES #836, June 12, 1989 #838, June 19, 1989 #841, July 5, 1989 2. INVESTMENT SUMMARY REPORT (May) 3. ABATEMENT OF PUBLIC NUISANCE (Set Public Hearing for an Order to Show Cause - 317 Karen Way - Illegal Structure) 4. CALIFORNIA'S 5TH ANNUAL COASTWEEKS - September 16 thru October 9 and "ADOPT A BEACH COASTAL CLEAN-UP DAY" September 23 - Resolution 5. 1989-90 TOWN APPROPRIATION LIMITS - Resolution 6. DESTRUCTION OF TOWN RECORDS - Resolution 8. AWARD OF CONTRACT (Rock Hill Drive Signalization Project - Community Electric Co. 9. RESOLUTION OF APPRECIATION (Planning Commissioner Joan Bassett) Moved: Mayberry, Seconded by Logan Vote: AYES: Unanimous ABSENT: Coxhead TOWN COUNCIL MINUTES #844 7-19-89 Page 2 7. LaCRESTA FINAL MAP - Resolution MOVED: To adopt Resolution Approving the LaCresta Final Map Moved: Logan, Seconded by Duke Vote: AYES: Logan, Shaw, Duke NOES: Mayberry ABSENT: Coxhead E. PUBLIC HEARINGS 10. COMMUNITY FACILITIES DISTRICT NO. 85-1 (Levying Annual Special Tax - Point Tiburon, Ordinance, 2nd Reading) The Town Manager briefly reviewed the Staff report. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. MOTION: Moved: Vote: To read by title only. Logan, Seconded by Mayberry AYES: Unanimous ABSENT: Coxhead The Mayor read AN ORDINANCE OF THE TOWN OF TIBURON LEVYING A SPECIAL TAX FOR THE PROPERTY TAX YEAR 1989-90 COMMUNITY FACILITIES DISTRICT NO. 1985-1 (POINT TIBURON DEVELOPMENT) TOWN OF TIBURON, MARIN COUNTY, CALIFORNIA MOTION: Moved: Vote: To adopt the aforementioned Ordinance No. 345 N.S. Shaw, Seconded by Mayberry AYES: Logan, Shaw, Mayberry, Duke ABSENT: Coxhead 11. 83 EASTVIEW DRIVE (Status and Consideration of Town Options Regarding As-Built Additions, Abatement Proceedings) The Planning Director reviewed the Staff report; stated that if Council accepts the Plot Plan submitted by the applicant as being accurate, there exists a 4' encroachment into the rear yard set back which requires a variance; the BAR recommends the decks be removed. Mr. Lohman stated the Council had the option of accepting the plot plan as accurate and acting on the as built plans; if the decks were retained, a variance was required and the matter must be returned to the BAR; if the applicant was willing to get rid of the decks, the Council can act on the as built design review improvements. The final alternative was to refer the entire issue to the Town Attorney and recommend abatement under Chapter 24. The Mayor opened the public hearing. TOWN COUNCIL MINUTES #844 7-19-89 Page 3 Chris Christensen stated he hired a licensed surveyor for over $2,000 to prepare the plot plan; would like to keep the decks but would remove them to resolve the matter. The Superintendent of Public Works stated an Encroachment Permit would be required if the decks were retained. George Quesada, adjacent property owner, stated this application represented a willful and blatant disregard of the original drawings. Chris Forde, adjacent property owner, stated rooms were added under the original floor plan; there are separate entrances to these rooms; asked that the windows be removed. The Mayor closed the public hearing. After a brief discussion, Councilmember Mayberry suggested the rear decks be removed; the side windows referred to by Mr. Forde be removed, and a commitment from the owner that there would be no second unit without approvals and perhaps a fine. Vice-Mayor Shaw stated his position wouldn't change; without a survey he would not act on it. Mr. Christensen agreed to take off the decks and eliminate the need for a variance. Council agreed not to levy a fine in addition to the cost of removing the decks; that the expense of removing the decks should provide the necessary deterrent to the public-at-Iarge. Moved: Vote: Direct Staff to draw up a Resolution Denying the Appeal of the BAR decisions; Ordering the Abatement of the Decks and Windows, Approving the Remaining As Built Plans; and an Encroachment Permit be secured for the extension of the upper garage deck that encroaches on Town right-of-way. The Staff to secure a signed statement from the Applicant that there will be no second unit occupied until he applies to the Town for a legal second unit and receives said approval. Mayberry, Seconded by Duke AYES: Logan, Mayberry, Duke NOES: Shaw ABSENT: Coxhead MOTION: TOWN COUNCIL MINUTES #844 7-19-89 Page 4 F. UNFINISHED BUSINESS 12. PARKING & TRANSPORTATION COMMISSION (Review of Charter, Goals & Objectives) The Town Manager reviewed the Staff report which outlined the Commission's recommended Charter and Staff's recommended Charter. Al Kuhn, Parking & Transportation Commissioner, expressed four of the Commissioners disappointment in the Staff's draft charter; felt the proposed Charter fails to recognize scope of the traffic problem; it manifests a lack of commitment by the Town to address the components of the problem; lack of commitment to really seriously address the transportation and parking problems in the community; felt traffic problems are long term, complex and require a commitment; didn't feel he could make any further contribution to the Commission and submitted his resignation. In response to Councilmember Logan, Mr. Kuhn stated his decision to resign is a culmination of discussions; he had put in many hours on the Commission; felt frustrated; the Commission didn't have the tools to address the problem; there is nothing of substance in the proposed charter; removing the goals and objectives from their Charter is a major area of disagreement. Councilmember Logan noted he was absent from the last meeting; was not supportive of a scaled down Charter to the extent of the Staff's draft. Cynthia Gilbert, Miles Berger, Becky Clelland reiterated Mr. Kuhn's sentiments that their time, energy and talent could be used elsewhere and submitted their resignations. Virginia Petersen, new member of the Commission, didn't have comments on the Charter; would like to see emphasis on the ferry service and possible extension of BART to Marin. Mayor Duke and Vice-Mayor Shaw were in favor of accepting the resignations; Councilmembers Logan and Mayberry were not. After brief discussion amongst the Council and Commissioners, it was decided the resignations would be withheld and this item reagendize until there is a full Council in attendance. TOWN COUNCIL MINUTES #844 7-19-89 Page 5 G. NEW BUSINESS 13. CITY OF PACIFICA REQUEST FOR WHALE REMOVAL COST SHARING (Proposed 50% Reimbursement of Contractual Costs) The Town Manager reviewed the Staff report which outlined the costs that the Town of Tiburon would have incurred in removing the whale; the expenses incurred by the City of Pacifica and Staff's recommendation that $1,500 be donated to Pacifica. MOTION: To accept Staff's recommendation and contribute $1,500 to the City of Pacifica towards their expenses in removing a California grey whale from their beach. Moved: Duke, Seconded by Shaw Vote: AYES: Unanimous ABSENT: Coxhead 14. WELLS & SEPTIC TANKS (Establish Policy Regarding Alternate Water Supplies and Sanitary Facilities) The Planning Director reviewed the Staff report which recommended not allowing wells, except for non-domestic use, and septic tanks within the Town limits. The Mayor noted the Acacia Court subdivision was approved with septic tanks and he didn't want to discourage annexation of unincorporated areas of the Peninsula. MOTION: To adopt Council policy that does not allow the use of wells for domestic water within the Town limits. Moved: Mayberry, Seconded by Duke Vote: AYES: Unanimous ABSENT: Coxhead Council deferred a decision on the septic tanks. H. COUNCIL. COMMISSION OR COMMITTEE REPORTS 15. MUNICIPAL ATTORNEY SELECTION PROCESS (Status Report & Recommendations) The Town Manager reported that background and reference checks are being done on the two finalists. I. COMMUNICATIONS Marin Commission for Aging (Annual Report Submitted by Tiburon Representative Stewart Hopkins) Council commended Stewart Hopkins for the excellent report. TOWN COUNCIL MINUTES #844 7-19-89 Page 6 Ltr. from City of Sausalito to County Board of Supervisors Regarding Removal of Deteriorating Drydocks, dt'd. 7-6-89 Council directed Staff to send a letter of support to the Board of Supervisors. League of California Cities Legislative Bulletin, dt'd. 7-7-89 Informational item. 101 CORRIDOR TRANSPORTATION PLAN Councilmember Mayberry recommended Council endorse the Transportation Plan and urged Councilmembers to attend the July 20, 1989 meeting. Ii. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Duke adjourned the meeting at 9:40 P.M. to 7:30 P.M. July 25, 1989 for a General Plan hearing. ,~~~::-::.-../ ~ I"~'" .,-c"'" ,/ /"" --X:~_~_r .~ ,--.-- :- ~' -;..~ LAWRENC J. UKE, MAYOR Town of buron ATTEST: TOWN COUNCIL MINUTES #844 7-19-89 Page 7 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Duke called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:34 P.M., Tuesday, July 11, 1989 in Room 5, Del Mar School, Tibl1ron, ,California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Coxhead, Logan (arrived 7:40), Mayberry, Vice- Mayor Shaw, Mayor Duke EX OFFICIO: Town Manager Kleinert, Special Attorney Shute, Planning Director Lohman, Planning Consultant Watt, Associate Planner Anderson Minute Clerk DeFrancis B. PUBLIC QUESTIONS AND COMMENTS There were none. C. PUBLIC HEARINGS 1. GENERAL PLAN REVISION a. Continued Hearing on Density Designations on Properties Within the Planning Area Mayor Duke opened the Public Hearing. Mr. Larry Tolomei, representing the Reid Corp. and the Cherry property, stated they support 1 unit per acre density on that infill site and feel it to be compatible with the surrounding area. They feel they can deliver minimum lot sizes in the 20,000 square foot range at that level and meet all other requirements. Mayor Duke .stated the Perini property (across the street from the Cherry property) was developed at .6 or .7 density and asked Mr. Tolomei how his property differed. Mr. Tolomei responded that the property that surrounds the Cherry property is at a higher density (2-3 units per acre) than they are requesting. Ms. Melinda Kornblum, 71 Trinidad, asked if any plans had been submitted for this property. Mayor Duke stated they are speaking in conceptual terms. Mr. Ralph Alexander, representing the Jay (Terraces) property, gave a brief summary of the project. He stated the project consisted of 47 units on 16 acres, meeting the existing 3 units per acre zoning. The Master Plan meets all the requirements of the General Plan and Zoning Ordinance with no need for variances. Town Council Minutes #842, July 11, 1989 They plan to devise a system of resource conservation zones and easements to help protect the existing environmental features of the site and will be building on only 25% of the site. The EIR was based on a range of densities from 1.8 to 3 units per acre. The Planning Commission recommended a density of .6, or 10 units for the site. They strongly oppose this recommendation and feel it to be very low in relation to the surrounding areas. Mayor Duke asked about the width of the lots and Mr. Alexander responded they average from 50 to 60 feet in width. Vice-Mayor Shaw asked if the project provided any moderate income housing as required by ABAG. Mr. Alexander stated he had not been involved in any discussions on that matter however he felt the client would be willing to meet any such requirements. Special Attorney Shute stated the proposed Housing Element con- tains three options: 1. Providing inclusionary housing on-site at affordable rates, 2. Construct housing off-site, 3. Require an in-lieu fee. Mayor Duke asked the audience for comments on any other property within the planning area. Mr. John Harrington, on behalf of the Tiburon Hills neighborhood, endorsed the Planning Commission recommendation for .8 density on the Taldan property. Mr. Terry McLaughlin, Seafirth resident, presented a letter from the Board of Seafirth. He made the following two comments: 1. There was no "tug-of-war" between Tiburon residents, as indicated in the Ark, but rather individuals concerned with preserving the quality of life in Tiburon. 2. He asked the Council to consider the differing needs of the Tiburon peninsula when setting the parameters of the General Plan. He reiterated that Board's position that they support the lowest proposed density- 1 home per five acres. Ms. Randy Greenberg, 45 Norman Way, asked the Council to put off any decision on density until considering all letters submitted to them. She asked if densities would be set before General Plan policies were adopted. Ms. Elaine Thomas, Teaberry Lane, supported one house on 1.7 acre densities. She expressed concern with the water pressure at the top of the ridge and the traffic along Paradise Drive. Mr. Charles Gallagher, Paradise Drive, stated that more develop- ment means more traffic and expressed concern with development on the Martha Company property. Ms. Patricia Meyer, Paradise Drive, stated there has been an increase in trucks along Paradise Drive. Ms. Barbara Buich, 2390 Paradise Drive, expressed support for the lowest possible density. 2 Ms. Debbie Derby, Teaberry Lane, stated the Martha Company property developers will have problems improving 50% of the road due to court proceedings and lack of condemnation powers. They will also encounter design and engineering problems in relation to drainage, adjacent parking, location of utility poles, etc. She added the road was not wide enough to accept another 1,000 cars. She questioned the validity of a recent petition submitted to the Council by Mr. Fen Cady due to inaccurate information. She requested the removal of her and her husbands signatures. Dr. Robert Swanson stated the Council was responsible to the electorate and the precious resources of Tiburon are shrinking. He stated the infrastructure was becoming saturated and urged the Council to select the lowest possible density. Mr. Karl Treffinger stated the individuals who have left their property undeveloped and now wish to build are looked upon as the "bad guys" and are being criticized for asking for their "equal time in the sun". He stated property rights should be cherished and dealt with fairly. He urged the Council to choose a range of densities for each property to allow greater flexibility instead of a single designation. Special Attorney Shute stated the Government Code specifies that only reasons of public safety can be used to reduce density if a developers proposal meets the density of the General Plan or any zoning ordinance. If density ranges are chosen, most developers will submit proposals at the high end and it will be more dif- ficult to approve development at the low end of the range. An alternate approach would be to have a density somewhere in the middle or low end and provide some sort of bonus for going above that. The three choices would be: a number for each parcel, a range for each parcel, or a number with a bonus factor. Mr. Peter Brekhus, representing the Harroman property, suggested the Council not let the attorneys suggestions control matters and they should adopt a document that encourages imaginative develop- ment. Ms. Mary vonKaesborg, Teaberry Lane, stated it currently takes 6 minutes for fire response from Trestle Glen station to Teaberry Lane and stated increased traffic would exacerbate this problem. Ms. Melinda Kornblum expressed concern with increased traffic on Paradise Drive and stated it was a very dangerous road. Ms. Geraldine Watson, Seafirth, stated public open space for the survival of wildlife was a necessity and stated animals on the peninsula are virtually contained by Highway 101 and the increas- ing traffic on Tiburon Boulevard and Paradise Drive. She encouraged the Council to set densities as low as legally possible. Mr. Zachary Smith stated the property owners in question were advocating carefully planned, low impact development and not "run-away" development. 3 Ms. Sandra Swanson, 2 Seafirth, stated the total number of units approved and proposed for Tiburon, including Strawberry and Paradise Cay, were 946 units- she felt this could be considered "run-away" development. Ms. Susan Deluts, Paradise Drive, expressed concern about the drainage from the proposed developments and stated a major mudslide would trap residents on the peninsula. The Council recessed from 9:05 to 9:15 PM. Vice-Mayor Shaw asked about the application of other General Plan policies to setting densities on particular parcels. Special Attorney Shute stated it would make sense to know as much as possible about each particular piece of property and review other factors that bear on densities so the numbers are not such an abstraction. He recommended the Council discuss policies before setting densities. Mr. Peter Brekhus asked if the EIR would be adopted concurrent with the General Plan. Special Attorney Shute stated the resolu- tion certifying the ErR should be adopted first and then the resolution regarding the General Plan. Planning Consultant Watt brought the Council up-to-date regarding agency responses to the Housing Element and other parts of the General Plan. She stated Cathy Creswell from State Housing and Community Development Department made detailed comments on the Housing Element which could be separated into the following categories: those that Council must address to have a legally adequate document, those the Council must decide on as a policy matter, those that do not have to be dealt with unless the Council chooses to. Approximately 50% of Ms. Creswell's comments were requests for clarification and the other 50% were fairly substantive comments including: a number of the programs did not have targets in terms of units, HCD will not count units when the term "may" vs. "shall" is used, the lack of disaggregated data, additional discussion regarding the needs analysis. Vice-Mayor Shaw asked for a legal opinion on what set of stan- dards should be used regarding Tiburon Boulevard- the Towns or Cal-Trans. Planning Consultant Watt stated she would research this and report back to the Council. Special Attorney Shute responded to some questions from the Paradise Drive Residents Group: 1. Should densities be established without considering General Plan policies or chosen in light of them? He responded the latter would be preferable so the numbers have some validity and relate to what would actually be approved. 2. A request for clarification on the term "environmental capacity" in terms of Paradise Drive. He responded the traffic engineers looked at traffic flows and turning movements and concluded that the levels of service are not that bad on the road (A & B), contrary to the testimony received at the public hearings. He stated that safety considerations should be considered. 4 Special Attorney Shute responded to a letter dated June 27th from Mr. Peter Brekhus in which he complained that the Harroman property was put on the list for acquisition. Special Attorney Shute stated the property does not fulfill the criteria and should be removed from this list. Mr. Brekhus also stated that the number of units the General Plan would allow for this property (40) would not be possible to obtain due to the Ridge Policies, Slope Policies, etc. Staff disagrees with this asser- tion. Mayor Duke asked staff for an overview of the Ridgeline Policy. Planning Consultant Watt stated the prior General Plan clearly stated that protection of the ridgeline was an important priority to the Town. Staff proposal was that undeveloped ridgelines have overriding visual significance to the Town and to the maximum extent feasible all new development should be located well below the ridgelines. Ridgeline guidelines were developed for the Tiburon Ridge. Staff's recommendation to the Planning Commission was: 1. To the maximum extent feasible development should be set back 150 horizontal feet to either side of the major ridgeline. 2. To the maximum extent feasible development should not break the major ridgeline as viewed from the opposite side from the line of sight. 3. Within 50 vertical feet of the ridgeline, development would be limited to one story. The Planning Commission changed the third recommendation to read: 3. To the maximum extent feasible no development shall be allowed within 50 vertical feet of the major ridgeline measured from the highest point of the roof line of a structure. Councilmember Mayberry asked for clarification on the term "to the maximum extent feasible". Planning Consultant Watt stated this language allows for flexibility when reviewing development applications and when considering competing policies. Special Attorney Shute added that these terms can be further delineated in the Zoning Ordinance. Councilmember Mayberry stated it should also be included in the General Plan itself. Mr. Tom Newton, representing the Smith property, stated the policy would push development further down the hill to the steeper slopes. They would prefer the single story restriction within the 50 foot band. Ms. Judy Waller, representing the Martha Company property, stated there were competing problems within the policy and they would have no problem with the one story restriction. Mr. Karl Treffinger, representing the Harroman property, stated that the 50 feet was to the roof top and this would push the building pad to 70 vertical feet, posing an access problem for the project. 5 Mr. Peter Brekhus, representing the Harroman property, objected to General Plan policy OSC-5 and felt it to be a policy specifi- cally for this property. He stated no other property would be impacted by this policy. Planning Consultant Watt stated the Pinensky, Otani, Upper Smith, and possibly Martha (depending on where the Tiburon Ridgeline is drawn) properties would be effected by the 50 vertical feet aspect of the policy. Mr. Zachary Smith stated there might be a better way to draft the policy to assure that no houses show over the ridgeline. Planning Consultant Watt recommended that in the drawing the Tiburon Ridge should not be extended to include the Martha Com- pany property due to its topography and the third component of the policy should be changed so that one story homes would be al- lowed within 50 vertical feet. Planning Director Lohman reiterated staff's contention that 40 homes could be built on the Harroman property after application of OSC-5. Associate Planner Anderson stated that the representa- tives of the Harroman property objected to the vertical policy and not the horizontal policy. Councilmember Mayberry asked why the Planning Commission modified staff's third recommendation. Planning Consultant Watt stated there were other hillside policies more stringent than the ones recommended by staff. The Commission wanted to make sure the viewshed would be protected and felt 50 vertical feet to be a good compromise. Mayor Duke asked how far below the horizontal a roof would be if the Council were to adopt staff's recommendation to allow one story homes within that secondary space. Planning Consultant Watt stated the roof line could be level with the ridge if it were a flat area extending out from the ridgeline. However, because of the 150 horizontal feet there would be some decline in elevation and staff's recommendation affords good protection of the ridgeline space. Mayor Duke stated that the Council was leaning towards accepting the staff's recommendation regarding OSC-5. Planning Consultant Watt stated the Council should discuss whether it was appropriate to map other significant ridgelines or to leave it to a later implementation stage. Staff recommends that it be done at a later stage. Ms. Randy Greenberg stated the viewshed was the issue in regard to the ridgeline policy and it should give vertical protection so the sense of the ridgeline is not lost. Mayor Duke closed the Public Hearing. D. STAFF AND TOWN MANAGER REPORTS There were none. 6 E. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Duke adjourned the meeting 9t 10:20 PM, to ~ l:~. P. M., Jul Y 18, 1989 to cont in~.~,~CUSSi.p11 J: the General ->----~'// /./ ./ //~ -~~~_~~ ~7-'-)---~ LAWRENcE ,J/. DUKE, MAYOR ~_.?""> OWN CLERK 7 TOWN COUNCIL MINUTES CLOSED SESSION Councilmember Coxhead called the Closed Session of the Town Council of the Town of Tiburon to order at 5:25 P.M. to interview attorneys. CALL TO ORDER Mayor Duke called the regular meeting of the Town Council of the Town of Tiburon to order at 7:30 P.M., Wednesday, July 5, 1989 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Coxhead, Shaw, Mayberry, Duke ABSENT: COUNCILMEMBERS: Logan EX OFFICIO: Town Manager Kleinert, Police Chief Herley, Town Engineer Bala, Supt. of Public Works Brunini, Planning Director Lohman, Finance Director Stranzl, Assistant Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES There were none. c. PUBLIC QUESTIONS AND COMMENTS There were none. D. COMMISSION OR COMMITTEE ORAL REPORT Belvedere/Tiburon Joint Recreation Committee (Report on FY 1989-90 Budget) Item continued to later in the agenda. E. CONSENT CALENDAR MOTION: To approve the Consent Calendar consisting of the following items: 1. APPROVAL OF MINUTES #834 - June 6, 1989 #835 - June 7, 1989 #836 - June 14, 1989 TOWN COUNCIL MINUTES #841 7-5-89 Page 1 2. RATIFICATION OF MAPE CONTRACT (1989-91) 3. 1901 STRAITS VIEW (Resolution Denying Appeal of Board of Adjustments Decision) 4. CLAIM AGAINST THE TOWN (Carolyn Kasten - Recommend Denial) 5. OPR GENERAL PLAN EXTENSION (Resolution of Qualifications) Moved: Shaw, Seconded by Coxhead Vote: AYES: Unanimous ABSENT: Logan F. PUBLIC HEARINGS 6. FY 1989-90 TOWN BUDGET (Adopt Final Budget - Resolution) The Town Manager reviewed the Staff report. The proposed total operating budget was $2,653,400; Capital Improvements $1,070,100; Debt Servicing $1,543,955 for a total budget of $5,378,455. There would be an estimated unallocated reserve of approximately $450,000-$500,000. Councilmember Coxhead asked Staff for an inventory of Town owned property in excess of $5,000, specifically vehicles and computer equipment. Vice-Mayor Shaw asked for a brief report on cost savings the Town has realized by using the computer. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. Moved: Vote: To adopt Resolution Adopting the Municipal Budget for Fiscal Year 1989-90 Shaw, Seconded by Mayberry AYES: Unanimous ABSENT: Logan MOTION: Belvedere/Tiburon Joint Recreation Committee (Report on FY 1989-90 Budget) Recreation Director Creamer noted their balance sheet for March 31, 1989 showed a reserve of $28,000. She anticipated the June 30 balance to be approximately $11,000, and stated the Child Care Center is now a separate legal entity. Councilmember Coxhead asked Staff to prepare recommendation regarding user fees for McKegney Green and to make recommendation regarding the Recreation Department's contribution to the maintenance of the Donahue Building. After brief discussion regarding user fees for McKegney Green, it was decided the Recreation Committee would suggest wording for a sign to be posted at the Green listing hours and uses. TOWN COUNCIL MINUTES #841 7-5-89 Page 2 Vice-Mayor Shaw asked Committee to reconsider use of McKegney Green for golf lessons and suggested using South of the Knoll. Councilmember Coxhead commended the Committee for their efforts and success in restoring the reserve funds. 8 . APPEAL OF BOARD OF ADJUSTMENTS & REVIEW DECISION (Approval of New Residence 4960 Ranch Road, Applicant: Kalthoff; Appellant: Cae) Mr. Kolthoff presented revised plans to the Town Council and stated he and the Coes had reached agreement. The Planning Director stated the revised plans show a view corridor and the Coes view has been preserved; recommended Council deny the appeal and approve the revised plans. MOTION: To deny the appeal and approve the revised plans submitted by Mr. Kolthoff. Moved: Shaw, Seconded by Mayberry Vote: AYES: Unanimous ABSENT: Logan 7. COMMUNITY FACILITIES DISTRICT NO. 85-1 (Levying Annual Special Tax - Point Tiburon, Ordinance 1st Reading) The Finance Director reviewed the Staff report; stated this tax services the Mello-Roos bonds for the Point Tiburon project. The tax has been reduced from $1600 to $1550 for FY 1989-90. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. MOTION: Moved: Vote: To read by title only. Shaw, Seconded by Coxhead AYES: Unanimous ABSENT: Logan The Mayor read AN ORDINANCE OF THE TOWN OF TIBURON LEVYING A SPECIAL TAX FOR THE PROPERTY TAX YEAR 1989-90 COMMUNITY FACILITIES DISTRICT NO. 1985-1 (POINT TIBURON DEVELOPMENT) TOWN OF TIBURON, MARIN COUNTY, CALIFORNIA Moved: Vote: To pass first reading of the aforementioned ordinance. Coxhead, Seconded by Shaw AYES: Coxhead, Shaw, Mayberry, Duke ABSENT: Logan MOTION: TOWN COUNCIL MINUTES #841 7-5-89 Page 3 G. UNFINISHED BUSINESS 9. 83 EASTVIEW DRIVE (Status and Consideration of Town Options Regarding As-Built Additions, abatement proceedings, Continued to 7/19/89) H. NEW BUSINESS 10. PARKING & TRANSPORTATION COMMISSION (Ratification of Charter) The Town Manager noted the Staff report had not been sent to the Commissioners and asked that the item be continued. After a brief discussion, Council directed Staff to incorporate the residential sticker program in their draft of the Parking & Transportation Commission Charter. I. COUNCIL. COMMISSION OR COMMITTEE REPORTS 11. U.S.101 Transportation Corridor (Report by Councilmember Mayberry) Councilmember Mayberry reviewed the local eligibility requirements to qualify for funding if an election in 1990 is successful to increase sales tax revenue to be used for the proposed transportation plan; urged Council and Staff to attend a special meeting on July 20 in San Rafael. J. COMMUNICATIONS 12. Letter From Marin Housing Center to Mayor Duke, dt'd June 5, 1989 (Funding Request for Homeless Center) After a brief discussion, the Council declined to take any action on this request at this time. 13. Letter from Marin Abused Women's Services to Mayor Duke dt'd June 7, 1989 (Request for financial support) After a brief discussion, the Council declined to take any action on this request. 14. Letter to Town Manager and Copy of Lease from Department of Parks and Recreation dt'd June 14, 1989 (Lease Agreement between State Parks & Recreation and Main Street Properties relating to Angel Island) Staff noted this was a private agreement between two parties; no applications have been submitted to the Town. Staff was directed to send the lease to the Town Attorney for a brief review to determine if the Town should take any action at this time, and to determine whether the State's TOWN COUNCIL MINUTES #841 7-5-89 Page 4 authority supersedes the Town1s with regard to a proposed docking facility to serve Angel Island. 15. Letter to Town Council from Knowles Hall dt'd June 19, 1989 (Animal Control) After a brief discussion, the Council declined to take any action on this request. 16. Memo to Town Council from Marin County Health Officer, dt'd June 16, 1989 (AIDS Anti-discrimination Ordinance) After a brief discussion, the Council declined to take any action on this request; supported the State and County ordinances. K. STAFF AND TOWN MANAGER REPORTS Town Council/Department Heads Retreat (Select Date, Time and Location) Council to set date after conclusion of the General Plan hearings. L. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Duke adjourned the meeting at 10 P.M. to Monday, June 12, 1989 at 7:30 P.M. for continued discussion of the General Plan. ATTEST: TOWN COUNCIL MINUTES #841 7-5-89 Page 5