Loading...
HomeMy WebLinkAboutTC Min 1984 (September thru December) MINUTES ADJOURNED TOWN COUNCIL CALL TO ORDER Mayor Smith called the adjourned meeting of the Town CounciL ot the Town of Tiburon to order at 7:35 P. M., Thursday, December 13, 1984, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Spratling, Wilson, Bergmann, Coxhead Smith ABSENT: COUNCILMEMBERS: None EX-OFFICIO: Planning Director Hanna, Town Engineer Bala, Assistant Town Clerk Hennessy B. PUBLIC QUESTIONS AND COMMENTS There were none. C. PUBLIC HEARINGS & BUSINESS ITEMS 1. PERINI DEVELOPMENT MASTER PLAN (Reed Ranch Road & Trestle Glen Blvd. - Ordinance, 1st Reading) The Planning Director stated the draft ordinance had been a~ended in paragraphs 8 and 9. Ms. McCart, representing Perini Corp., presented an amended plan. No changes were made on the easterly portion; on the Reed Ranch Road area they moved the road lower, a pumping station for sewerage would be needed if the houses were located lower than shown; on northern section they eliminated the northern cul-de- sac and shortened the lower cul-de-sac; on nothern section they eliminated one lot for a total of 16 lots; the existing fire road would have to be relocated. Ms. McCart also submitted revised language for paragraphs 8 and 9. The revised plan had a total density of 33 lots. In response to questions from the Council, Ms. McCart stated: the grade was too steep to create a lot in the southeastern corner of the property; a 5 or 6 foot retaining wall would be needed for the road in the southern portion; developer would be required to provide proper drainage to take care of run-off which was included in condition 14 of the proposed ordinance. The Town Engineer stated the sewerage problem in Belveron should be reported to Sanitary District i5; it was outside the juriSdiction of the Town of Tiburon. Ms. McCart stated they would like the option of replacing the two lots they had deleted with two additional lots in the Shepherd Way area. The Mayor opened the public hearing. Leonard Brown, 30 Mercury, asked how close the houses would be along Belveron Gardens, and what protection would there be in case of an earthquake. Mr. Ross, architect, responded the houses would be approximately 280' away and the buildings would be built to resist the lateral forces anticipated in an earthquake according to the Uniform Building Code. Ms. McCart stated where needed there would be drilled pier foundations. The Planning Director read conditions 4 and 5 of the ordinance which pertained to soils conditions. TOWN COUNCIL MINUTES #678 December 13, 1984 Page 1 David Lovejoy, Reed Ranch Road, questioned whether houses would be above the saddle; Ms. McCart responded the 150' countour is 37' below the saddle. In response to Councilman Spratling, Mr. Ross demonstrated there would be open space between the houses in the Belveron area. Mr. McLeod, Mercury Avenue, stated it was hard for the residents to understand the new proposal. Mr. Ross demonstrated where the new lot lines were located. In response to Mr. Lewis Hicks, 11.Mercury Avenue, the Mayor stated the landscaping plans would be reviewed at the Precise Plan stage. Mr. Ross stated the developer would need more discussions with the residents for the precise nature of the landscaping desired. In response to Mr. Robert Graham, 49 Mercury Avenue, Ms. McCart stated lot lines were approximately 150' away from Belveron, and the applicants had previously stated that the development wouldn't be closer than 350' to Belveron. 350' from the property line would place the houses above the height restrictions. Mr. Ross stated the lot lines could be moved. Mr. Graham gave the history of Holsinger slide. Mr. Ross stated he had visited Mrs. Bruel's home and had adjusted the property lines to preserve her view of the rock outcroppings. Mr. Graham stated there was a responsibility to the new buyers to make sure there were sewer lines available for this development. Irving Schwartz, engineer for developer, stated conditions ~3 and 24 in the ordinance required them to comply with other jurisdictions which would include the sewer district. / / The Town Engineer stated written approval would be required from all other jurisdictions before the final map was filed. He also stated that the Belveron Gardens drainage issue would be on the January 7 Town Council agenda, and he would give a detailed report at the Precise Plan stage and Final Map construction drawings. Mr. Bala had visited 47 Mercury Avenue to review the slide problem and noticed garden clippings had been dumped in the drainage ditch. This facility had to be maintained. He had also written to the County and asked them to investigate the drainage culvert on Reed Ranch Road. The Ring Mountain development will provide drainage into the storage basin as required and there will be less water than now. Bob Werner, 69 Reed Ranch Road, objected to the two long driveways side by side and proposed one driveway be placed between lots 13 and 14. Mr. Levy, 43 Mercury Avenue, objected to lots 25 and 26 due to slide problems in the area. In response to Mrs. Bruel, Ms. McCart showed her the new lot lines as viewed from her house, and stated new story poles would be erected at the Precise Plan stage. In response to Dorothy Morgan, 19 Mercury Avenue, the Mayor stated a new soils study would be presented by the developer. In response to Ed McDonnell, 12 Venus Court, the Town Engineer stated all water lines in Belveron Gardes will be replaced. Mr. McLeod presented his proposal for the development to the Town Council along with a petition of 182 signatures from residents of Belveron expressing their concerns. Mr. McLeod also asked the Town Council for a clear definition of "view" which could then be distributed to real estate agents. Mr. McLeod explained his proposal to the Town Council. TOWN COUNCIL MINUTES #678 December 13, 1984 Page 2 The Planning Director stated going into the poor soils area was not a good solution. Renton Rolph, Reed Ranch Road, explained the vote of the Planning Commission and addressed the Council as a private citizen in favor of a density of 30 lots. He suggested the elimination of lots 10, 15 and 16. A resident expressed dismay that the Council had not mandated the reduction of density. The Mayor closed the public hearing. In response to Councilman Spratling, the Council decided they had sufficient information to pursue first reading of the proposed ordinance and made the following amendments: Additions will be shown in capital print, deletions will be shown with a slash mark. ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PERINI MASTER PLAN BE IT ORDAINED by the Town Council of the Town of Tiburon as follows: Section 1. Findings A. Perini Land and Development Company as developer has submitted a Master Plan application to subdivide 51.9 acres between Reed Ranch Road and Trestle Glen Boulevard and create 37 residential lots. B. The application for Master Plan consists of the following: 1. Maps prepared by Backen, Arrigoni and Ross, Inc., consisting of constraints map, slope map, illustrative plan and landscaping plan all dated 15 October 1984. Revised plan dated DECEMBER 13, 1984 SHOWING RECONFIGURATION OF PARCELS OFF REED RANCH ROAD. MYLAR OVERLAY DATED NOVEMBER 11, 1984 SHOWING 17 PARCELS OFF TRESTLE GLEN BLVD. 2. Three photomontages representing views from Trestle Glen Boulevard, Reed Ranch Road and the Belveron subdivision. 3. Text of Master Plan consisting of 18 pages, dated September 27, 1983. 4. Soils Report by Harding, Miller, Lawson & Associates dated September 20, 1968. 5. Letter to Town of Tiburon dated November 30, 1984, from Martha McCart proposing low/moderate income housing payment. C. An Environmental Impact Report for this project was prepared by Environmental Collaborative and certified by the Planning Commission and the Town Council. D. The Planning Commission and Town Council have held duly noticed public hearings on the application and have held field trips to view the site. E. The Town Council has considered the Environmental Impact Report and the recommendation of the Planning Commission. The Town Council has reviewed the Environmental Impact Report prepared for the project which identifies certain significant TOWN COUNCIL MINUTES #678 December 13, 1984 Page 3 environmental effects which cannot be avoided if the proposal is implemented, but notes that it is possible to substantially reduce and possibly eliminate some of the environmental effects if mitigations are incorporated into the proposed project. In order to mitigate the adverse environmental impacts the Town Council finds that the Master Plan submitted be modified and conditioned as provided in the approval section of this Ordinance. Section 2. Approval Master Plan application described above is approved subject to the conditions and requirements set forth herein: Xi ~ ~~~t~~~ ~t 19 t~ 1$ i~$t~~ntt~x p~tt~X$ $~~XX ~~ tt~~t~~i X~ t~ XS t~$t~intt~X p~ttiX$ iitititns ~tti$$ ~tt ~t ~ii~ ~~nt~ ~~~~ ~n~ XI t~ Xl i~$t~~ntt~X p~tt~X$ t~t~titns ~tti$~ ~tt pt 1i~$tX~ ~X~n ~p~X~i~t~i ti ~ 1t~tt~~ 1X~n ~n~ t~nt~tti~ ~~p ~~~XX ~~ $~~~ttt~~ ~~tt~ ~~~Xt t~nt~tn t~~ t~Xtp~tns tntpt~~ttpnt ~i 1~~ X~i~~t pt t~~ t~$j~~ntj~X p~ttiX$ tp ~~ tt~~t~~ tntX~~tns ~ t~t~~ ~t~~n$tpn~X ~~tX~tns ~ni~tpp~i 1~~ ~~it~~~ it~i~tj~n t~t tp~ pt ~~jX~tns ~ni~tpP~$ ~~~Xt ~~ t~~ tl$ tti ~tii~tt~n ~$ $~~~n pn t~~ tXX~$ti~ttii ~n~ pt~tt~tn~ti X~n~$t~pi ~t~ni Wtt~ t~i ~itiptj~n pt ~pt ~ ~~~~n ~n ~ttiin~ttii IXi ~~~~ ~~nt~ ~p~~i ~n~ X~t$ t1 ~n~ XI ~~~~n pn ~tt~tn~tji~ Xi 1i~$tX~ ~X~ni ~tX t~i ~~jt~tns ini~tppi~ $~~tt ~i ~~~Jsni~ t~ pi~it~~ t~t ~ ~ptti~nt~t t~t~~t t~~n i~ttjt~t ~~$jsn ~jt~ tpn$tt~ttj~n tj~tt~~ tp ~ ~~~j~~~ pt t~p ~t~iti~ ~t tl t~it tn , ~~js~ti \ 1. A TOTAL MAXIMUM OF 27 to 32 RESIDENTIAL PARCELS SHALL BE CREATED IN THE PROJECT, ALLOCATED AS FOLLOWS: a. A MAXIMUM OF 5 to 6 RESIDENTIAL PARCELS SERVED BY DRIVEWAYS OFF-REED-RANCH ROAD; b. A MAXIMUM OF 5 to 7 RESIDENTIAL PARCELS SERVED BY THE ACCESS ROAD OFF OF-REED RANCH ROAD; AND WITH AN OPEN CORRIDOR IN THE GENERAL AREA OF LOTS 3 THROUGH 5 AS SHOWN ON THE 1"=40' PLAN ENTITLED "RE-LOTING PLAN" DATED DECEMBER 13, 1984. c. A MAXIMUM OF 17 TO 19 RESIDENTIAL PARCELS SERVED BY THE ACCESS OFF OFlTRESTLE GLEN BOULEVARD. THE EXACT NUMBER OF RESIDENTIAL PARCELS SHALL BE ESTABLISHED AT THE APPROVAL OF THE PRECISE PLAN. IN ORDER TO SECURE APPROVAL OF A PARCEL OR PARCELS ABOVE THE MINIMUM IN ANY OF THE RANGES SET FORTH ABOVE, APPLICANT SHALL HAVE AN AFFIRMATIVE OBLIGATION TO DEMONSTRATE THAT SUCH ADDITIONAL PARCEL OR PARCELS DO NOT CAUSE SIGNIFICANT ADDITIONAL ADVERSE IMPACTS. 2. A PRECISE PLAN AND TENTATIVE MAP SHALL BE SUBMITTED WHICH SHALL INCLUDE THE PRECISE CONFIGURATION OF AND A THREE- DIMENSIONAL BUILDING ENVELOPE FOR THE RESIDENTIAL PARCELS TO BE CREATED, SUBJECT TO THE FOLLOWING LIMITATIONS: A. THE MAXIMUM ELEVATION FOR THE TOP OF BUILDING ENVELOPES AS SHOWN ON THE ILLUSTRATIVE AND PRELIMINARY PLAN SHALL BE THE l75-FOOT ELEVATION, WITH THE EXCEPTION OF THE THREE LOTS NUMBERED 32, 33 AND 34 ON MYLAR EXHIBIT DATED NOVEMBER 30, 1984, ANY ONE OF WHICH MAY HAVE BUILDING ENVELOPES EXCEEDING THE l75-FOOT ELEVATION UPON A SHOWING BY THE APPLICANTS THAT THE INCREASED ELEVATION DOES NOT CAUSE SIGNIFICANT ADDITIONAL ADVERSE IMPACTS; AND TOWN COUNCIL MINUTES #678 December 13, 1984 Page 4 B. ALL THE BUILDING ENVELOPES SHALL BE DESIGNED TO ACCOMMODATE A HORIZONTAL RATHER THAN VERTICAL DESIGN WITH CONSTRUCTION LIMITED TO A MAXIMUM OF TWO STORIES OR 24 FEET IN HEIGHT. PROVIDING THAT THE PRECISE MAXIMUM ELEVATIONS AND HEIGHTS OF BUILDINGS SHALL BE DETERMINED AFTER THE PUBLIC HEARINGS AND ON-SITE INSPECTIONS RELATING TO THE PRECISE PLAN APPLICATION AND MAY BE REDUCED BELOW THE RESPECTIVE l75-FOOT AND 24-FOOT MAXIMUMS. 3. The Precise Plan and Tentative.Map shall show all pedestrian trails to be constructed or improved by the developer within the property and the connections of those trails to adjacent open space, park areas and residential areas. 4. As a part of the Precise Development Plan and Tentative Map, the applicant shall submit a detailed geotechnical report from a ~~~tttji~ ~~~t~t~ntt~X LICENSED SOILS engineer WITH GEOTECHNICAL EXPERTISE that comments specifically on the development plan and grading concept AND THE REPORT SHALL BE APPROVED BY THE TOWN ENGINEER. 5. The applicant in conjunction with the ~~ptit~njt~t LICENSED SOILS engineer WITH GEOTECHNICAL EXPERTISE shall establish specific criteria and standards for construction on each lot in the subdivision AND THE CRITERIA AND STANDARDS SHALL BE APPROVED BY THE TOWN ENGINEER. 6. The grading and drainage plans ~n~ ttttitt~ shall be reviewed and approved by the Town Engineer. 7. Runoff from all graded and developed areas shall be intercepted by a conduit, conveyed to adequate drainage facilities and discharged in a non-erosive manner, all to be approved by the Town Engineer. 8. The EIR notes the existing drainage problems in the Belveron watershed and the necessity to correct the drainage facilities prior to construction activities on the site. The applicant shall correct the drainage facilities ADVERSELY impacted by the project by construction of improvements or by contribution to the cost of improvements based upon a formula to be determined at the time of the Precise Plan/Tentative Map INCLUDING A FORMULA FOR THE REIMBURSEMENT OF COSTS PAID BY THE APPLICANT WHICH ARE IN EXCESS OF THE APPLICANTS PROPORTIONATE SHARE. IN ANY EVENT, NO CONSTRUCTION THAT ADVERSELY AFFECTS THE BELVERON DRAINAGE FACILITIES SHALL TAKE PLACE UNTIL THE TOWN ENGINEER HAS CERTIFIED IN WRITING THAT DRAINAGE IMPROVEMENTS ADEQUATE TO CORRECT EXISTING OR ANTICIPATED DRAINAGE PROBLEMS: 1) ARE COMPLETED OR 2) ARE GUARANTEED AND WILL BE CONSTRUCTED PRIOR TO THE COMMENCEMENT OF INCREASED RUNOFF AS A RESULT OF THE PROJECT. t~ij~~i tn ~ni ~i~nti n~ t~n$ti~ttjpn t~~t ~tt~tt$ t~~ ~~tiitpn ~t~jn~~~ t~tjtjtji$ ~~~tt t~Xi pt~t~ ~ntjt t~i p~i$jt~t tpn$tt~ttj~n ~t ~t~jn~s~ t~pipii~int~ ~~$ ptptii~i~ tp ~ p~jnt t~~t t~~pt~tt~n pi t~~ ~t~jn~~~ j~~ipi~~~nt$ ~jXX ~i ~$$~ti~ ptt~t tp t~i ~tt~t~tj~n ~t ~t~jn~~i ti$~ttjn~ tt~~ ~i~g~tt j~~ti~int~tj~ni gi 1~~ tp~~titj~n ~t j~~tpi~~int$ t~ t~~ ~~tiitpn ~t~tn~~~ t~tjtjtti$ ~~$t t~Xi pt~t~ t~ ~ttjs~t~ t~~ ~~itipn~~nt~t t~~~tt~ t~~~tjtti~ jn t~~ tt~i tn pt~~t tp ~ttp~~tt$~ ~t~tn~~~ t~pt~i~~~nt$ tn ~~ ~i~~tti ~~nniti t~i ~~pXtt~nt ~~~ t~~~i$ti~ ~~~ t~~ 1~~~ ~~t~~$ tp t~~$t~~t 1t~tt$~ 1t~~/1int~tti~ ~~p ~~pipi~t pn ~ P~~$~~ ~~$j$i 1~~ pt~gitt ~jXt ~~ ~tij~~~ tp ~~$~t~ t~~t ~~i~~~t~ ~t~t~~~~ t~pt~i~~~nt~ ~t~ tn ~t~t~ pttpt tp t~i ~Xtit~tjp~ pt ~i~t~~s~ i~~~Xtt~~ tt~~ pi~Aitt t~~ti~~~t~tt~~i 1~~ P~~$t~~ ~jtt ~~ ~t~$~~t~~ ~t t~i 1iitt$~ 1t~n/1i~t~tti~ ~~~ $t~~i ~n~ $~~Xt t~~tt~t~ j~ptpi~~int~ t~t~jitn~ ~tt~$$ tip~ ~i~~ ~~~t~ ~p~~ ~$ p~~ TOWN COUNCIL MINUTES #678 December 13, 1984 Page 5 ~~i$~i i~~ j~pt~ii~i~t$ titiJiJn~ itti$$ ti~~ iii$tti ~tin ~~~t~i~i~ ~$ ~n~t~it ~~i$~i ~~ ~ii~tt$ $~itt ~~ t$$~~~ t~t i~i tP~$tt~ttj~~ ~~tjt $~t~ tt~i ~$ t~~ 1~~~ t~~tniit ~~$ $t~ti~ t~ ~tttJ~~ t~it t~i ~i~t~i~i t~pipii~i~t$ pi~p~~i~ t~t t~~ p~i$i ~n~~t tp~$t~ititJ~~ iti ~tti~t~~tii 1~i 1~~n ~~~t~iit $~~Xt n~t ippipii i~i pt~n$ ~~ti$$ ~i ~~tjt ~i t~ $~tt~tti~ t~~t t~i j~~tpii~i~t$ pt~p~$i~ i~$~i~ t~~t n~ ~titnisi ~i~~Xi~$~ttt ~i tii~ti~ an~ t~at t~i iij$tt~~ ~t~tn~~i $i$ti~ t$ a~i~~~ti ~t ~a$ ~iin ~~~i a~i~~at~ t~ ~an~ti a~i t~ttii$i~ t~n~tt ~$ a ti$~tt pt t~i t~n$tt~ttt~n ~t t~i $pittttt p~a$~ ~n~it t~~$t~~tatj~~i -- 9. THE DEVELOPMENT OF THE MASTER PLAN CONSISTS OF TWO MAJOR DEVELOPMENT AREAS, THE WESTERLY AREA WHICH TAKES ACCESS FROM REED RANCH ROAD, AND THE EASTERLY AREA WHICH TAKES ACCESS FROM TRESTLE GLEN. THE APPLICANT REQUESTS, AND THE TOWN AGREES, THAT THE PRECISE PLAN AND TENTATIVE MAP BE CONSIDERED ON A PHASED BASIS. THE APPLICANT AND THE TOWN HEREBY AGREE THAT SUCH PHASES OF THE PRECISE PLAN AND TENTATIVE MAP WILL BE CONSIDERED AND ACTED UPON WITHIN A PERIOD OF 90 DAYS FOLLOWING SUBMITTAL BY THE APPLICANT OF A COMPLETE PRECISE PLAN AND TENTATIVE MAP APPLICATION FOR EACH PHASE. THE APPLICANT WILL EXERT ITS BEST EFFORTS TO SUBMIT THE FIRST PHASE OF THIS APPLICATION WITHIN 45 DAYS OF APPROVAL OF THE MASTER PLAN, AND TO SUBMIT THE SUBSEQUENT PHASE AT THE TIME OF APPROVAL OF THE FIRST PHASE. THE APPLICANT HAS REQUESTED AND THE TOWN HAS AGREED THAT THE PRECISE PLAN AND TENTATIVE MAP BE DEEMED A SEPARATE APPLICATION FROM THE MASTER PLAN FOR PURPOSES OF AB884. 10. Applicant shall submit an erosion control plan to the Town Engineer for review and approval prior to the issuance qf a grading permit. The plan shall include adequate measures to control erosion and drainage during construction. The applicant shall post a deposit IN AN AMOUNT DETERMINED BY THE TOWN ENGINEER in a manner acceptable to the Town Attorney to guarantee the installation and maintenance of the erosion control plan. 11. 1~~ A winterization plan APPROVED BY THE TOWN ENGINEER shall be implemented and no t~it~it site improvement activity shall Occur after October 1st of any year unless the ~tntittiatjp~ ~ia$~ii$ ~ti ~ii~~~ t~ ~i t~~~Xiti ~i t~~ i~~~ t~~tniit TOWN ENGINEER CERTIFIES IN WRITING THAT THE WINTERIZATION MEASURES ARE COMPLETE AND ADEQUATE TO HANDLE THE REQUESTED SITE IMPROVEMENT ACTIVITY. 12. Drainage features SATISFACTORY TO TOWN ENGINEER shall be provided to protect cut and fill slopes and other areas of disturbance from erosion. 13. Subdrains shall be constructed where needed and satisfactory to the Town Engineer to eliminate seepage problems in areas proposed for development. Subdrains SHALL be constructed WHERE NEEDED AND in such a manner to ensure that all housing and road sites are well drained below ground and at surface. 14. The eroded ditch along Reed Ranch Road shall be improved between the proposed development and the creek to the satisfaction of the Town Engineer. 15. Applicant shall make the appropriate per unit contribution to the Tiburon Boulevard Traffic Improvement Fund. 16. A sidewalk or walkway shall be provided on at least one side of the proposed roadways to provide safe pedestrian access through and around the development. These walkways should connect with ~~XX~ai$ TRAILS through the open space and surrounding areas where appropriate. TOWN COUNCIL MINUTES #678 December 13, 1984 Page 6 17. Applicant shall post a refundable deposit in a form satisfactory to the Town Attorney to ensure that damage to Town roadways used for access by construction vehicles and ~~ A direct result of project construction is corrected in a manner satisfactory to the Town Engineer. 18. Construction activities will be limited to the hours between 8:00 a.m. and 5:00 p.m., weekdays only, provided, however, that limited t~nttt~ttt~n ~ttjijti t~~t~ ~tt~i ~~ $at~t~~t ~ttit ptj~t appipi~t ~i t~~ 1~~~ ~ana~~ti EXCEPTIONS MAY OCCUR BY APPROVAL OF THE TOWN MANAGER. 19. Construction machinery shall be equipped with latest noise muffling devices and kept in good mechanical repair in order to reduce noise levels. 20. ~~A~t~~t AFFECTED residential streets shall be mechanically and/or manually swept clean of ~pjX t~ ii~~t~ ttiiit dirt at the discretion of the Superintendent of Public Works during ~ait~ ~~tx an~ pt~~t t~jt ~inii~tj~~ construction. 21. Dust shall be controlled during construction by watering the area frequently. A temporary layer of gravel shall be placed on all unpaved construction roads as required by the Superintendent of Public Works. 22. Wjt~ The Precise Plan and Tentative Mapi t~i apptttant shall INCLUDE ~~~~tt a ~tin tp: a. A PLAN TO eliminate undersirable plant species from the property AS IDENTIFIED IN THE EIR. b. Measures to prevent unauthorized vehicles access onto open space areas on the site. 23. The applicant shall provide THAT all common sewer system pipelines and improvements tp be dedicated to the Richardson Bay Sanitary District. 24. Applicant shall make improvements satisfactory to the Sanitary District to ensure that adequate sewage disposal for the property can be handled by the Sanitary District. 25. The 2-acre portion of the site presently outside the Richardson Sanitary District boundaries shall be annexed to the District. 26. All utilities shall be placed underground. 27. APPLICANT SHALL SUBMIT CC&R's TO THE TOWN ATTORNEY FOR APPROVAL WHICH SHALL INCLUDE SPECIFIC RESTRICTIONS TO BE ESTABLISHED DURING THE PRECISE PLAN STAGE. 28. The drainage fee normally charged to the developer by the Town shall be waived in recognition of the off-site and on- site drainage work which requires an expenditure in excess of the normal drainage fee. 29. APPLICANT HAS REQUESTED TO CONTRIBUTE TO THE TOWN IN-LIEU HOUSING FUND RATHER THAN CONSTRUCT LOW/MODERATE INCOME HOUSING. TOWN AGREES THAT APPLICANT SHALL CONTRIBUTE TO THE TOWN IN-LIEU HOUSING FUND AN IN-LIEU HOUSING FEE FOR LOW/MODERATE INCOME HOUSING IN AN AMOUNT EQUAL TO (15)% OF THE UNITS, EXACT DOLLAR AMOUNT TO BE DETERMINED BY A FORMULA TO BE ESTABLISHED AT THE PRECISE PLAN STAGE. Section 3. Separability No change. Section 4. Effective Date TOWN COUNCIL MINUTES #678 December 13, 1984 Page 7 No change. The Council agreed to read by title only. The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PERINI MASTER PLAN. MOTION: To pass first reading of the aforementioned ordinance subject to refinements as prepared by the Town Staff and Town Attorney. Moved: Spratling, Seconded by Bergmann Vote: AYES: Spratling, Wilson, Bergmann, Coxhead, Smith NOES: None D. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS TIBURON PENINSULA CLUB AGREEMENT The Planning Director asked the Council to review the aforementioned agreement. It was his understanding that condition 8 regarding the fence had been resolved and that the TPC understood they would have to go through proper Town procedures, and the Town Attorney would delete this section. Condition 7 requested that the two acres of land the TPC was offering for dedication to the Town for the marsh restoration would be included in the future acreage of their property for future consideration of density. Any future plans would have to be approved by the Design Review Board, the Planning Commission and the Town Council. MOTION: Moved: To approve the agreement as amended. Wilson, Seconded by Bergmann Councilman Wilson suggested the total number of acres of the TPC be shown in the document, and specific mention of the two acres to be dedicated and Council agreed the document should be so amended. Vote: AYES: Unanimous B. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 11:30 P.M., to Monday, January 7, 1985. R. TOWN COUNCIL MINUTES #678 December 13, 1984 Page 8 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Smith called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 P. M., Wednesday, December 5, 1984, in the Hilarita Community Room, Tiburon, California. ~. ROLL. CALL PRESENT: COUNCILMEMBERS: Spratling, Wilson, Bergmann, Coxhead Smith ABSENT: COUNCILMEMBERS: None EX-OFFICIO: Town Manager Kleinert, Planning Director Hanna, Deputy Town Attorney Ragghianti, Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Director of Finance Nadritch, Associate Planner Chafin, Assistant Town Clerk Hennessy B. APPROVAL OF MINUTES i676, November 20, 1984 There were corrections of several names. MOTION: Moved: Vote: To adopt Minutes i676 as amended. Spratling, Seconded by Bergmann AYES: Unanimous C. APPOINTMENTS TO COMMISS IONS, BOARDS, COMMITTEES There were none. D. COMMISSION AND COMMITTEE ORAL REPORTS The Mayor stated he, Councilman Spratling, the Town Manager and Town Engineer had met with representatives of the Chamber of Commerce to address the concerns of the merchants and residents regarding construction on Tiburon Boulevard. The Town pledged to get the project finished as soon as possible, and there would be more meetings between Town officials and the merchants. E. PUBLIC QUESTIONS AND COMMENTS Luigi Baker, 305 Trestle Glen Blvd., asked the Council to visit his home to view construction taking place next door which he alleged was opposite of what the Town had approved. The Planning Director stated the Building Inspector was scheduled to visit the site the following day. Council agreed that a stop work order should be issued- immediately if the construction is not proceeding as approved. F. CONSENT CALENDAR Item 3, FINAL MAP (Agins Subdivision - Resolution) was removed for discussion. An item was added to the Consent Calendar: AWARD OF CONTRACT FOR STONE TOWER MISCELLANEOUS REPAIRS in the amount of $20,618. TOWN COUNCIL MINUTES #677 December 5, 1984 Page 1 MOTION: To approve the Consent Calendar consisting of: 1. TOWN AUDITOR'S MANAGEMENT LETTER (Receive 1983-84 Recommendations) 2. LA CRESTA ASSESSMENT DISTRICT (Deed of Conveyance - Resolution) 2.a AWARD OF CONTRACT (Stone Tower Miscellaneous Repairs) Moved: Vote: Spratling, Seconded by Bergmann AYES: Unanimous G. PUBLIC HEARINGS & BUSINESS ITEMS 4. NEST TIBURON ANNEXATION (Final Determination by Town Council - Resolution) The Town Manager reviewed the Staff report. The Town Manager/Clerk had sent the protest petition to LAFCo for verification of signatures and assessed valuation of the property within the annexation area which had been performed by the Marin County Registrar of Voters and the Assessor's offices. There had been 711 registered voters; the petition had 164 signatures; 136 signatures were verified as valid; 178 signatures were required for a 25% protest; actual percentage of protest signatures was 19.1%. In regard to the landowner representation, the total number of landowners was 623; total assessed valuation of land was $18,166,598; total number of landowners signatures submitted was 268; total assessed valuation of land owned by qualified signatures was $3,843,942; requirement for the 25% protest was $4,541,650 resulting in a 21.6% actual percentage protest submitted. The Town Manager/Clerk stated the protest did not meet the 25% qualification and recommended the Council adopt the resolution of annexation. On behalf of the Town and Staff, he welcomed those people in the annexation area to the Town of Tiburon. Mayor Smith stated the Council had gone on record in favor of this annexation and a lot of people had worked very hard to make it happen. He gave special recognition to Bill Crosby of Tiburon Hill Estates, Virginia Brunini of Bel Aire, Mary Price of Pelican Hill, Warren Nelson of LAFCo, and the San Francisco Foundation. The Deputy Town Attorney reviewed the draft resolution. Harry Rice, Tiburon Hill Estates, stated there were people who hadn't had an opportunity to sign the protest petitions and asked the Council to table the motion so the protesters could be given an additional opportunity to get more protest signatures. Bill Crosby, Tiburon Hill Estates, stated it would be highly inappropriate to declare the law invalid and requested the Council to proceed along the lines outlined by counsel. Lois Bohn, 121 Leland Way, who had been working against the annexation, stated she had a dispute about some of the assessed valuation in the. Pelican Hill area, and felt they had achieved a higher assessment valuation than they had been given credit. Councilman Spratling stated he thought all the substantive and procedural requirements had been met, and that both sides had adequate opportunity to perform their tasks. MOTION: To adopt Resolution No. 2274 Ordering Annexation of the West Tiburon Annexation Area Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous TOWN COUNCIL MINUTES #677 December 5, 1984 Page 2 5. PERINI DEVELOPMENT MASTER PLAN (Reed Ranch Road & Trestle Glen Blvd. - Ordinance, 1st Reading) The Planning Director reviewed the previous proposal. The Council had requested modifications at the previous Council meeting to make the proposed development more compatible to the existing neighborhood on Reed Ranch Road. A transparency overlay was used to show the applicant's modification which resulted in the reduction of one lot for a density of 34 lots and the roadway has been reduced to a short cul-de-sac with access for eight units. One lot had been deleted in the Trestle Glen area. The Planning Pirector stated the compliance date to proc~ss this application mandated by the State of California was February 15. Since there were still significant issues to be resolved, Staff recommended dividing the application into two different phases at the Precise Plan and Tentative Map stages to allow sufficient time to analyze each area. The Planning Director stated he had received a letter from the Belveron residents tonight which he had not had an opportunity to review. He also received a letter from Martha McCart requesting the low/moderate income housing in-lieu fees be set at the rate of 10%, in accordance with other developments which had been approved by the Town, instead of the rate of 15%. Councilman Spratling spoke on behalf of the Lands & Development Committee who had met with the developer. He stated their aim was to provide greater separation between the houses; their principal concern was to dilute impacts over a larger area. In response, the developer has proposed four lots where six had previously existed; generally pleased with the single cul-de-sac approach; fully agree with the Planning Director's suggestion that there be two separate phases of the development for detailed study; drainage facilities would be adequate to correct all'run- off before any development begins. The Planning Director used the constraints map to illustrate his concerns regarding extensive grading and soils stability. Staff's recommendation of elimination of one lot on Trestle Glen side had been done. Staff's suggestion of opening up the area and eliminating lots 31 and 32 on the new plan (previously lots 24 and 25) had not been done. Regarding Reed Ranch Road area, the Planning Director suggested elimination of lots 4 and 5 and restriction of lot 3 would be closer to the building pattern in the existing neighborhood. Ms. McCart, representing Perini Corp., stated the original plan showed seven lots in the Reed Ranch Road area and this had been reduced to four lots. The question of whether building was economically feasible due to repair of the soils area was up to the developer. Regarding lots in the Trestle Glen area they had pulled the lots about 25' vertically down the hill, placing them at approximately 150 to 175' contour. The new plan retains a rock outcropping. She stated they would be repairing slides all over the property and that's not a valid reason not to have a building envelope in an area. Ms. McCart stated the developer agreed to splitting the project into two phases, however they did not agree with the rationale for splitting the Precise Plan as far as the drainage was concerned. The Mayor opened the public hearing. Ann Davis, 75 Reed Ranch Road, objected to the upper cul-de-sac with 3 lots and stated there was a 3' culvert on the side of her property which accepts drainage from Ring Mt. which would be inadequate with additional buildings. Jackie Crowder stated the area had been flooded six times. The Town Engineer stated he was not aware of flooding in this area; that there had been a silt problem; repair of erosion would be required as part of the subdivision. Following discussion regarding drainage, the Town Engineer stated this watershed was TOWN COUNCIL MINUTES #677 December 5, 1984 Page 3 outside his jurisdiction, however, he would contact Flood Control District i4 and ask that the situation be corrected. Leonard Brown, Mercury Avenue, voiced his objections to the proposal and asked Council's assurance that all drainage problems would be corrected before construction begins. Mr. McLeod, Mercury Avenue, presented a letter to the Town Attorney and Town Council from attorney Peter Brekkus on behalf of the Belveron Homeowners' Association. The Deputy Town Attorney briefly reviewed the contents of the letter which addressed drainage, earth movement and view impairment and requested the Town Council to address these issues. Mr. McLeod presented the Council with new photographs he had taken on which he has imposed houses; discussed drainage situation and proposed that the Perini developers be responsible to correct drainage out to Blackie's Pasture; thought the new design had greater visual impact than previous plans; that a petition was being circulated by Belveron residents and he would submit suggestions for an acceptable alternate plan. David Lovejoy, 102 Reed Ranch Road, agreed the development could be moved into the "green" area; story poles on lots 8 and 9 indicate 160' height and the elevation of Reed Ranch Road is 150'; density in upper knoll area is too high; Council can't ignore impact of Ring Mountain development on water flow into the 3' culvert. Margaret Kelly, Mercury Avenue, suggested an alternative prqposal shown in the EIR with development on the ridge would provide the opportunity of avoiding encroachment of the Belveron homes. Ms. Kelly asked Council what time constraints they were under to approve this project. Councilman Spratling responded that AB884 requires a one year review of a proposal with a 90 day extension; the Perini extension expires on February 15; the Council could approve, approve with conditions or disapprove the proposal; the intent of the legislation was to have communities act upon applications within a year. David Thompson, 61 Reed Ranch Road, asked that further consideration of this development be suspended until the developer complied with Council's request to see a proposal of houses built along Reed Ranch Road and on short cul-de-sacs. In response to Mr. Bott, 63 Reed Ranch Road, Mr. Ross, architect, stated the road location would be determined at the Precise Plan stage. David Brezner, 65 Reed Ranch Road, concerned about headlights reflecting into his home. Opal Hanson, 32 Juno Road, 33 year resident, stated their property flooded every year. Robert Graham, 49 Mercury Avenue, questioned the sewerage plans, since raw sewerage spews out the manhole covers at the present time at the entrance to Belveron Gardens during a storm. Mrs. Carol, 52 Lower No. Terrace, also asked about the sewerage. It was explained that the sewerage disposal was the responsibility of the Sanitary District and they should be advised whenever raw sewerage was evident. Mr. Broderick, 61 Reed Ranch Road, stated lots 8 and 9 seemed to extend above the ridge line and requested a reduction in density. TOWN COUNCIL MINUTES #677 December 5, 1984 Page 4 Paul Stanley, 50 Mercury, expressed concern about view and water run-off; concerned about splitting the proposal into two phases; thought everyone should work together. Rick Clark, 100 Reed Ranch Road, asked about the proposed sales price. Mayor Smith stated the sales price was irrelevant to the Council's consideration of the project. Councilman Spratling explained that the Council has never allowed the economic considerations of an EIR or the developer when reviewing an applicatipn other than to assure there are sufficient funds to make off-site improvements that the Town has insisted upon as a condition of approval. Katie Bruel, 57 Mercury, stated there were no story poles on the lower Trestle Glen area of the site; suggested elimination of lower lots and moving them into the area formerly considered unbuildable. Mrs. McLeon asked about consideration of property values. The Mayor responded economics was not an issue of relevance to the Council's deliberations; the Council was trying to protect the Belveron homeowners rights and the right of the property owner to develope his property. Ann Lettrich, Mercury Avenue, stated her view would be affected the most and asked Council's consideration of property rights of current homeowners. Mayor Smith discussed the current tree ordinance and the Town policy that you couldn't protect up-hill views because it wquld prohibit all future development. David Rivers, 65 Reed Ranch Road, asked Council to think of the goals and objectives of the Town and place them in a priority list; recognized the developer had rights; asked for compromise; highest on list of priorities should be preservation of as much open space in an area that is mutually beneficial; he had suggested houses be moved closer which would impede his view but provide open space; drainage problems need to be corrected; asked Council to follow the concept of the neighborhood. Mr. Black, 54 Reed Ranch Road, stated the developer is speculating when buying property which is different f.rom the homeowners situation; asked Council to reduce density to 20 lots. The Mayor closed the public hearing. Each Councilmember responded to questions posed and expressed their personal reactions to proposal. Councilman Wilson agreed that primary views are addressed in the tree ordinance; compromise was needed; drainage would be handled at the Precise Plan stage; Open Space element of the General Plan suggests trails and paths in this area; thought the northwest cul-de-sac was too dense; adjustment needed at the end of the cul-de-sac so buildings are not so close together; suggested reducing that area by one lot; hoped the road would be lower; least impact on the total view and spreading the buildings farther apart; thought the end unit encroached on the drainage swale and would like to see development kept west of the drainage course; regarding the eastern road off Trestle Glen, he didn't think lots needed to be eliminated if the road goes lower and the building envelopes are lower; suggested a reduction of two more lots for a total density of 32. Vice-Mayor Bergmann felt the density had to be reduced; suggested along Reed Ranch Road combining lots 1 through 8 for a total of four lots; did not support lots 14 through 17; concerned about lots 11 and 12 being visible from Tiburon Boulevard; against TOWN COUNCIL MINUTES #677 December 5, 1984 Page 5 placing houses where it has been deemed unstable soil; felt houses along Belveron Gardens should be moved closer to preserve views and lower visibility; didn't have problem with lots 31 and 32; projected density would be 25 lots. Councilman Coxhead didn't feel the developer had provided Council with sufficient information; needed maps showing surrounding areas to see how harmonious it would be; there was no clear representation of homes along Reed Ranch Road and Mercury; wanted each existing house on these streets noted on map; concerned about lots on unstable soil and visual impact; concerned about physical impact if houses were lower; agreed there should be only four lots along Reed Ranch Road; felt up-hill views could be considered primary views; would like to eliminate visual impact of up-hill views as much as possible. Councilman Spratling noted diverse views expressed by the audience, i.e., moving houses onto open space area or not; it was the sense of the Lands & Development Committee that the current proposal was better than what Council had previously suggested; discussed view considerations and the Town's policy to date of trying to preserve views from primary living areas of the residence towards specific points, not towards secondary viewing areas and have never been for views up-hill; everybody agrees on the drainage problems; the developer has asked the Town to figure out what is needed for the improvement of the entire drainage system and a pro-rata share will be worked out; had problems with encroachment of lots 31-32 on open space, otherwise he didn't have a problem with the density on that spur; believed there was room for five or six lots along Reed Ranch Road which could be determined at the Precise Plan stage, that 8 lots were too many; specific problems with lots 3, 4 and 5 clustered together a~d not harmonious with the rest of the neighborhood; felt houses along Belveron Gardens should be lower to reduce overall visual impact, but would not force that issue if the residents felt otherwise; didn't feel the Council was giving preferential treatment to one area over the other; thought impacts on upper section were much greater than the Belveron Gardens area; suggested applicant submit a redraft of the plan to the extent there's common thread and density of the various spurs being set within the range of the Council as set forth this evening. Vice-Mayor Bergmann stated she had no problem with fifth lot along Reed Ranch Road off the fire road. Mayor Smith thought the northern section could carry six lots; in the lower area, thought slides could be corrected; impact of homes around corner would be less; homes should be lower, but wouldn't insist if homeowners objected; urged developer to show alternatives that depicts homes lower; in the Trestle Glen area, suggested two lots near the entrance of the Shepherd Way area. Council agreed to a special adjourned meeting on Thursday, December 13 at 7:30 P.M. 6. MASTER & PRECISE PLAN AMENDMENT (16 Main Street, Outdoor Eating Area ~ Ordinance, 1st Reading) Randy Chafin, Associate Planner, reviewed the Staff report. Six tandem parking spaces are proposed to be enclosed for an outdoor eating area. Planning Commission had recommended approval and a resolution and ordinance had been prepared. In response to Councilman Spratling, the Associate Planner stated the Planning Commission did not feel there should be a requirement for off-street parking. Staff had recommended denial of the application on the basis the application was an enlargement of an existing non-conforming use; there are no available off-street parking spaces for purchase; the Planning Commission felt the need for parking was off-set by Main Street employees now being required to park in other areas. TOWN COUNCIL MINUTES #677 December 5, 1984 Page 6 The Mayor opened the public hearing. Sam Davis, applicant, stated the existing space to be enclosed could only handle four cars; the proposal was for summer use; parking lot behind Bon Appetit was empty on weekends; Staff had recommended a bicycle rack. Chris Morrison, adjacent neighbor, had no objections. MOTION: Moved: Vote: To read ordinance by title only. Spratling, Seconded by Bergmann AYES: Unanimous The Mayor read AN ORDINANCE OF THE TIBURON TOWN COUNCIL APPROVING THE MASTER PLAN AMENDMENT FOR 16 MAIN STREET. MOTION: Moved: Vote: To pass first reading of the aforementioned ordinance. Spratling, Seconded by Bergmann AYES: Spratling, Wilson, Bergmann, Coxhead, Smith NOES: None ABSENT: None The Resolution would be presented at the January Council meeting at the time of second reading of the ordinance. 7. ABATEMENT OF PATIO DECK (Michael's, 80 Main Street) This item was continued to January meeting. 8. ACQUISITION OF STREET LIGHT FACILITIES (Adopt Resolution of Necessity for Eminent Domain Proceedings - Resolution) The Town Manager reviewed the Staff report and recommended Council adopt Resolution of Necessity, followed by entering into a Joint Powers Agreement with the other Marin cities and the County of Marin to retain legal counsel for representation in the eminent domain proceedings. Tiburon's estimated pro-rata cost for the legal and consulting fees is $390. Tiburon's anticipated annual savings would be $7,000 including maintenance costs. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. MOTION: Moved: Vote: To adopt Resolution of Necessity of the Town Council of the Town of Tiburon To Acquire Street Lighting Facilities by Eminent Domain Spratling, Seconded by Bergmann AYES: Unanimous 9. BUSINESS LICENSE TAX PROGRAM (Recommendations Regarding Action Against Current Delinquencies and Fee Schedule Review) The Mayor opened the public hearing. There being no comment, the Mayor closed the public hearing. MOTION: Moved: Vote: To adopt the recommendations of the Town Manager to authorize appropriate legal action against Mr. Trieber for his unpaid penalty and against Mr. Hopton for both the amount of the business license and the unpaid penalty. Spratling, Seconded by Bergmann AYES: Unanimous 10. HOUSING ELEMENT OF TIBURON GENERAL PLAN (Adopt Revisions _ Resolution) The Mayor opened the public hearing. Councilman Coxhead suggested the 15% in-lieu low/moderate income housing fee be reduced to 10% to lessen the cost of building in Tiburon. TOWN COUNCIL MINUTES #677 December 5, 1984 Page 7 The Planning Director explained that the 15% figure had been arrived at in order to attain Tiburon's goal of 100 units. Councilman Spratling stated 15% had been the recommendation of the Housing Committee and he was against changing it. Council agreed that the 15% figure was a policy statement. MOTION: To adopt Resolution Approving Certain Revisions to the Housing Element, A Part of the General Plan of the Town of Tiburon Moved: Wilson, Seconded by Spratling Vote: AYES: Unanimous 11. LOW AND MODERATE INCOME HOUSING (Consider Adoption of Program Policy for Tiburon) The Mayor opened the public hearing. In response to Councilman Coxhead, the Town Manager stated when dealing with professional consultants the Town approaches them to determine their interest in participating in agreements. Helen Benedict commended the Town for taking this action. The Mayor closed the public hearing. MOTION: Moved: Vote: To award consultant's contract to formulate a low and moderate income housing policy for Tiburon Spratling, Seconded by Bergmann AYES: Unanimous Councilman Spratling suggested the Housing Committee be . reconstituted to work with the consultant; that Dennis Rockey be retained on this Committee and that Staff provide the Council with the names of former members. 3. PINAL MAP (Agins Subdivision - Resolution) The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. Councilman Coxhead asked why Hacienda Drive was on the location map showing as an access route and not via Gilmartin Drive. The Planning Director stated this was a vicinity map, and all approval would be subject to access as has been previously determined. MOTION: To adopt Resolution Approving the Precise Plan and Tentative Map for the Agins Property on the condition the Town Engineer not file the final map till access is shown via Gilmartin Drive and Hacienda Drive is deleted Moved: Spratling, Seconded by Bergmann Vote: AYES: Spratling, Wilson, Bergmann, Smith NOES: None ABSTAIN: Coxhead B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS 12. SASM Letter Regarding Jogging Path and Rip-Rap (dated 11/21/84) / / The Council reviewed the letter and generally agreed with its contents; directed Staff to notify SASM that they found it acceptable as long as there was an understanding that the consultant's recommendations would be promptly implemented and at such time the Town would release the easements. TOWN COUNCIL MINUTES #677 December 5, 1984 Page 8 13. BEACH ROAD EXTENSION PROJECT (Town Engineer Recommendations Regarding Award of Contract) The Town Manager reviewed the background and stated Main Street Properties and the Town have worked out a cost sharing proposal for additional work to be performed. Main Street Properties would pay $47,940 and the Town $6,560 for cost of construction and the work performed by the Town Engineer would be reimbursed by Main Street Properties in full at cost. MOTION: To award contract to Ghilotti Brothers to complete all work as shown on ~ala & Strandgaard Drawing No. 84-T-09 Moved: Wilson, Seconded by Bergmann Vote: AYES: Unanimous 14. TIBURON FERRY SERVICE (Discuss Concerns of Wake Caused by Catamaran) A copy of a letter written by Corinthian Yacht Club to Harbor Carriers had been received by the Town expressing concern regarding the wake caused by the operation of the new catamaran. Chris Morrison stated he had been in contact with several persons and the problem of excessive wake caused the first two weeks of operation had been resolved. POINT TIBURON The Town Manager stated that Innisfree Companies had several ideas which they would like to explore with the Council regarding the Point Tiburon project. Council agreed to an adjourned meeting on January 14, 1985. J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 11:59 P.M. to Thursday, December 13, 1984 at 7:30 P.M. for discussion of the Perini Project. TOWN COUNCIL MINUTES #677 December 5, 1984 Page 9 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Smith called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 P. M., Tuesday, November 20, 1984, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Bergmann, Wilson, Coxhead, Spratling, Smith ABSENT: COUNCILMEMBERS: None EX-OFFICIO: Town Manager Kleinert, Planning Director Hanna, Town Attorney Conn, Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Director of Finance Nadritch, Assistant Town Clerk Hennessy B. APPROVAL OF MINUTES #674, November 7, 1984 - Page 1, name changed from Turlock to Trulock; page 3 and 4, the word "swirl" changed to "swale"; page 7, last sentence, the word "no" changed to "a partially impairedll; page 10, 6th paragraph, the word IIhouse" changed to IIdeck". MOTION: Moved: Vote: To adopt Minutes i674 as amended. Wilson, Seconded by Bergmann AYES: Unanimous ABSTAIN: Spratling i675, November 12, 1984 MOTION: Moved: Vote: To adopt Minutes i675 as submitted. Wilson, Seconded by Bergmann AYES: Unanimous ABSTAIN: Spratling C. APPOINTMENTS TO COMMISS IONS, BOARDS, COMMITTEES Mayor Smith announced that Dr. Larry Duke and Ed Middendorf had been appointed to the Town's Planning Commission. D. COMMISSION AND COMMITTEE ORAL REPORTS Lands and Development Committee \ \ Councilman Coxhead reported that he and Councilman Spratling, members of the Lands & Development Committee, had considered The Innisfree Companies request that their application for enclosed garages which had been denied on a 3-1 vote in September be reconsidered by the Town Council. The Committee recommended that the Council reconsider this request for the following reasons: 1. Council did not have minutes of the Planning Commission meeting for their deliberations. 2. Council did not have the minutes of the Design Review Board meeting for their deliberations. 3. Story poles had not been erected so the public and Council were not as informed as they might have been. 4. Because the applicant had received unanimous approval from the Planning Commission and Design Review Board, neither the architect nor his staff were present to explain the proposed changes at the Council meeting. TOWN COUNCIL MINUTES #676 November 20, 1984 Page 1 5. In October, the Council reheard the brick plaza modifications and in fairness to the applicant, the Committee proposed a new hearing on the garages. 6. On September 19, the Council had several items on the agenda and the Council might not have had the time to fully understand this application. Councilman Spratling added that there were several people in attendance at the September 19 meeting who spoke against the proposal who were not in attendance at that meeting for that purpose; that he had discussed the issue with other members of the community, especially ~esidents of the Hillhaven area who would look down on the uncovered carports who might be in favor of the application; that they were attempting to balance a negative impact against a positive impact. Councilman Spratling requested the Council to ask the applicant to erect story poles and false fronts of garages prior to rehearing the application. MOTION: That Council rehear the application relating to the proposed enclosed garages. Moved: Coxhead, Seconded by Spratling Vote: AYES: Unanimous Item to be agendized on December 5 or when the applicant has erected the story poles and false garage fronts. E. PUBLIC QUESTIONS AND COMMENTS Don Batten, President Belveron Homeowners' Association, announced that there would be a telecast of a video on Channel 31 depicting Tiburon's Ayala Day, Jazz Festival and St. Hilary's fashion show on November 29 at 9 p.m. and December 11 at 7 p.m. F. CONSENT CALENDAR MOTION: To adopt the Consent Calendar consisting of the following items: 1. POLICE REPORT (October 1984 2. FINANCE REPORT (September 1984) 3. MEMORANDUM OF UNDERSTANDING (Police Association 1984-85) 4. 1984-85 APPROPRIATION LIMITATIONS (Compliance with Prop. 4 - Gann Initiative) 5. GILMARTIN DRIVE ASSESSMENT DISTRICT (Acceptance of Grant Deeds) 6. JOGGING PATH REPAIRS (Approval of Town's Pro-rata Share of Actual Soil Investigation Costs) 7. 1984-85 BUDGET ADJUSTMENTS AND FUND TRANSFERS (Establish Project Line Items and Approve Engineering Expenditures to- date: a. Palmer/Tiburon Blvd. Widening b. Avenida Miraflores/Tiburon Blvd. Intersection c. Stewart Drive/Tiburon Blvd. Moved: Wilson, Seconded by Spratling Vote: AYES: Unanimous G. PUBLIC HEARINGS & BUSINESS ITEMS 8. WEST TIBURON ANNEXATION (Accept Written Protests Against Annexation) The Town Manager reviewed the Staff report; the history of the original annexation petition; the application to LAFCo which included additional area, but excluded Bel Aire; the amended petition to LAFCo submitted by residents to include the Bel Aire subdivision, and LAFCo's acceptance of the amendment. Tonight's hearing was to accept any written protests against the annexation, and forward them to the County for verification of signatures and ownership. TOWN COUNCIL MINUTES #676 November 20, 1984 Page 2 Warren Nelson, Executive Director, LAFCo, stated they approved the amended annexation proposal based on the more efficient and economical opportunity to provide services to the area. Mr. Nelson explained that the County would verify any protest petition and at the December 5 meeting, the Town Council would either order annexation, call an election, or terminate annexation. Mr. Nelson stated previous studies and a substantial amount of policy on record, including the County Plan, encourages the Town of Tiburon to annex areas within its sphere of influence from an easterly to westerly direction. Mayor Smith limited discussion to three minutes per speaker, and opened the public hearing. Proponents of annexation who addressed the Council were: Virginia Brunini, 267 Karen Way; Bill Crosby, 25 Andrew Drive; Dick Park 261 Karen Way; Mary Hirsch, 16 Janet Way; Miriam Martin, 75 Harriet Way; Mr. Hermosa, 128 Blackfield Drive; Charles Heusser, Bel Aire; Charles Sheldon, 356 Karen Way; Ms. Rodriguez, 155 Blackfield Drive; Catherine Sheldon, 356 Karen Way and Robert Mosher, 125 Blackfield Drive. Opponents of annexation who addressed the Council were: Carolyn Gairity, 283 Karen Way who presented the Town Clerk with a protest petition signed by 166 registered voters and land owners, and requested the Council that annexation be placed on the June ballot; Alan Doherty, 14 Circle Drive. The Mayor closed the public hearing. In response to the Mayor, Mr. Nelson stated that a person's signature is counted if they signed the petition initiating annexation and it is also counted if they signed the petition of protest; no petition for annexation can be considered for one year after an application has been terminated unless LAFCo is convinced new evidence has been submitted. The Mayor requested Staff to ask the County to break down the protest petition by areas. Item continued to December 5, 1984 meeting. 9. PERINI DEVELOPMENT MASTER PLAN (Reed Ranch Road & Trestle Glen Blvd. - Ordinance, 1st Reading) The Planning Director reviewed the Staff report. Item had been continued to allow for a field trip by Council on Sunday, November 18. Story poles were erected, stakes indicated roadways, ribbons identified lot lines and the 175' elevation was staked. The proposed ordinance states that the drainage facilities have to be installed at the specifications of the Town Engineer with the details to be reviewed at the Tentative Map stage. The Planning Commission had recommended a density range of 30 to 35 units. Staff recommended 30 units. At the request of Councilman Spratling, the Planning Director reviewed the fiv'e lots he recommended be deleted. Mr. Hanna explained that moving houses closer to Belveron would reduce their visual impact, but physical location would be closer; the building envelopes should not extend to the end of the lot and there would be a separation and landscaping to soften the impact; the higher the houses are located, the more the visual impact; the lot sizes were not as important as the building envelopes to limit the physical construction. In response to Councilman Coxhead, the Planning Director stated that at the Precise Plan and Tentative Map proceedings a determination could be made that due to the unique characteristics of a particular lot it would be impractical or inappropriate to allow construction to take place on that lot, and density could be reduced. TOWN COUNCIL MINUTES #676 November 20, 1984 Page 3 The Mayor opened the public hearing. Ms. McCart, representing Perini Corp., stated the owner would like to include two additional items in the ordinance, and they had prepared an overlay of modifications to propose to Council. She enumerated the changes which included reducing the roadway length and changing configuration of lots, but retaining the 35 unit density. She suggested that no fencing be allowed along the property lines. She asked for identification of the five lots in the ordinance deemed to be most questionable and the criteria at the Precise Plan stage,where the developer might demonstrate these five lots could be made accep~able. Ms. McCart also requested that the ordinance include a condition that the project could be phased primarily because the cost and complexity of improvements to the drainage in Belveron. The developer proposed drainage through the Belveron Mini Park area into Blackie's Pasture where improvements could be made. Ms. McCart stated that they would also request that all fees such as traffic fees be pro-rated to each phase of the development. In response to Councilman Coxhead, Ms. McCart stated she didn't think the lots Staff recommended for deletion were terribly visible; that they daylighted the ridge viewed from Mercury Avenue but not from Reed Ranch Road. She stated Lot 12 was visible from Tiburon Blvd. and was probably a candidate for a reduced height. Ms. McCart stated that the developer could again place story poles at exact locations during the Precise Plan stage. She also stated that the developer had a more recent soils report; that there had been 35 borings on the site and conditions were not as bad as indicated in the 1976 study. Rod McLeod, 21 Mercury Avenue, enumerated potential problems resulting from moving lots closer to Belveron including: (1) loss of open space, (2) noise caused by construction and general living condition of the new residences, (3) drainage, (4) proposed landscaping, (5) changing the direction of the water flow. Mr. McLeod stated Belveron's biggest problem was with lots 11 thru 18 and he presented Council pictures he felt showed daylighting of these lots from various viewpoints within Belveron. He stated the overall visual impact that will be created and the noise factor will be a major impact because Belveron is in a valley; screening will not benefit the Belveron residents, but will take away whatever view they do have; the new proposed area where the developer plans to put the path will cause a great deal of problems because of its constant use and residents will have to give up their homelife in their backyards because of loss of privacy. In response to Vice-Mayor Bergmann, the Planning Director stated there were three redesigns proposed, but all three plans wrapped around the knoll area. Councilman Spratling stated that Mr. McLeod's concerns regarding drainage were legitimate and requested the Town Engineer to explain the mitigating measures he would require before permitting any development. The Town Engineer stated the Town Council had already approved a drainage study for the Belveron area during the last budget session; drainage in the area is inadequate whether there is a development or not; this drainage study is almost complete and his Staff was working on a solution; a meeting has been set with the Belveron Homeowners Association for 7:30 p.m. on Thursday, November 29 at the Hilarita Community Room. Mr. Bala stated that almost all the facilities in Belveron are inadequate and adding any additional rate of flow appears to be unacceptable as stated in the EIR; houses 1, 2 and 3 Mercury are well above the tide level, however, the channel through Blackie's Pasture is inadequate; the culverts are large enough but one is partially silted and the main drainage ditch in too small; the culverts through the subdivision are inadequate. He stated he would TOWN COUNCIL MINUTES #676 November 20, 1984 Page 4 provide details at the November 29 meeting. He stated the system needs replacement; that he made this clear to the developer, but he didn't believe the Town could tell the developer he had to pay for it all because the developer hasn't caused the problem. At the current time, adding additional drainage would cause a substantial adverse impact. Councilman Spratling stated the Lands & Development Committee had discussed the situation with the developer and the Town would not authorize any devlopment that would increase the run off to an area that the Town Engineer already states is inadequate. David Thompson, 61 Reed Ranch Road, objected to the proposed pLan and wanted to minimize traffic problem, visual impact and noise problem. He suggested modification of Lots 1, 2, 9 and 10 so that houses be constructed at street level with access off Reed Ranch Road and for Lots 3 thru 9 access would be by extending the roadway from lot 18, and the road between Lots 1 and 9 be eliminated. Anne Lettrick, 26 Mercury Avenue, objected to the proposed plan, especially Lot 11 which is directly in front of her home, and informed the Council that noise was an existing problem from a nearby house on the hill. Bob Low, 96 Reed Ranch Road, objected to the proposed plan due to view obstruction and asked Council to consider other locations for the new development. He stated according to his measurements the length of frontage along Reed Ranch Road was 670', the developer could place eight houses along Reed Ranch Road. He urged Council to reject this plan and ask the developer to lay out a plan with houses along Reed Ranch Road. Jeffrey Bott, 63 Reed Ranch Road, asked where stop signs would be located if there were two roads accessing Reed Ranch Road, and stated he didn't want headlights shining into his house nor a no parking area in front of his home. He also suggested that he would like to see just the lower entrance to the development. David Lovejoy, 102 Reed Ranch Road, objected to the visual impact and loss of S. F. skyline view, and proposed that the houses be placed along Reed Ranch Road which would be consistent with Tiburon planning not to obstruct view of the ridges. Mr. Lovejoy stated he didn't think it should be a phased development; that density should be in the range of 15 to 20 units. Margaret Kelly, 42 Mercury Avenue, urged the Council to take sufficient time to evaluate this large project and stated the development was intrusive and would have a psychological impact upon Belveron. Bob Webster, 90 Reed Ranch Road, stated years ago when the Tam School District owned the property they had consulted the neighbors and the reasonable location for the houses was along Reed Ranch Road; this same suggestion has been made to the current developer; the developer was told that building on the hills would be an intrusion on the neighborhood. Mr. Werner, Reed Ranch Road, objected to the visual impact; stated that on the knoll you could see story poles above the ridge; homes draining into Belveron will add sediment to the gulley. Dr. Lynn Spinori, 71 Reed Ranch Road, stated the concept of development of houses along Reed Ranch Road, as opposed to up the hillside and on the ridge, seems to be a much more compatible with the way the neighborhood has been developed and with the concepts why we came to Tiburon and bought homes here. Rich Clark, 100 Reed Ranch Road, supported locating the homes along Reed Ranch Road. TOWN COUNCIL MINUTES #676 November 20, 1984 Page 5 Katie Bruel, 57 Mercury Avenue, stated the proposed development would obscure her entire view. The Mayor closed the public hearing. In response to Councilman Spratling, Ms. McCart stated the developer didn't believe a 70' lot frontage along Reed Ranch Road was adequate, given the typography of the property; that no more than 7 homes could be situated in this area and that would close off the open corridor off the fire road; assuming they could site 8 houses, they didn't believe that would be an adequate level of development; that the developer believed houses along Reed Ranch Road would visually impact some of those houses with a San Francisco view; they felt there was a traffic safety problem with 8 driveways backing onto that road; they would need additional lots off Reed Ranch Road. Bruce Ross, architect, stated the lot frontage should be large enough to stretch the house with a low profile; the Planning Commission had spent considerable time reviewing these proposals and had approved them. Vice-Mayor Bergmann stated she couldn't vote for the proposed plan; there were too many concerns by two separate neighborhoods; it was not in conformance with the neighborhoods; its impacting the communities on both sides; building for views makes the lots more valuable; none of the three revised plans proposed lots that were situated along Reed Ranch Road. In response, Mr. Ross stated having 8 lots along Reed Ranch Road would cut their density in half. Vice-Mayor Bergmann stated there were an additional 17 lots located on the Trestle Glen side of the property. Councilman Coxhead stated proper planning would indicate that designing lots along Reed Ranch Road would be more harmonious with the existing neighborhood, however, he noted that from his observations there might be more visual impacts if houses were built along Reed Ranch Road. He agreed with Vice-Mayor Bergmann and thought the idea of situating the houses along Reed Ranch Road should be explored. Councilman Wilson stated he sympathized with people seeing houses up-hill from their homes, however, people had to accept the fact this is a developable piece of property and the property owner has property rights and suggested keeping discussion on the least impact rather than zero impact; he agreed with the Planning Director that the south westerly road be as low as possible to reduce impact on Belveron; landscaping would help screen the view; that the argument of daylighting and ridge lines could go on forever without solution; agreed with restriction of no fences; suggested short cul-de-sacs as located in the Del Mar subdivision; clusters of four buildings with a common driveway; a combination of buildings along Reed Ranch Road and some short cul-de-sacs; against 8 houses on Reed Ranch Road backing out with limited sight distance; the Precise Plan stage will make sure headlights don't shine into someone's living room; felt there should be more study on the western portion of the site. Councilman Spratling addressed the ridge issue and the difficulties involved; felt it was important to get a sense of where the development would impact the greatest number of people; there's going to be noise and visual impacts when one lives next to a developable piece of property; the Council tries to balance those impacts between the development rights of the applicant; concerned about unreasonable density visible from different points; would like to avoid sense of encroachment; agreed that closer development along Reed Ranch Road would be preferable; cited an example of two houses being built one behind the other; moving the development on the south spur towards Belveron decreases the visual impact, but in terms of psychological impact TOWN COUNCIL MINUTES #676 November 20, 1984 Page 6 it would leave the ridge line daylighting behind it; would like to see a redesign with houses off Reed Ranch Road; had problem with lots off Trestle Glen, i24 and i25, story poles demonstrated a house of 24' would appear it was moving up into the open space significantly; disagreed with Mr. Thompson's proposal in terms of impact on thecommunity, extending the cut across the property just to cut out entrance between Lots il and i9; rather than reduce visual impacts, it would exacerbate them. Mayor Smith agreed with previous statements of the Council and urged the applicant to consider short cul-de-sacs or two houses on a common driveway. Ms. McCart asked to meet with the Lands & Development Committee and show them some overlay sketches before the next meeting. In response to Mr. Werner, Mr. Ross stated that the fire road access would be maintained off Reed Ranch Road. Councilman Wilson expressed concern regarding the path in the lower portion, and Mr. Ross agreed this could be kept open space. The applicant agreed to leave the story poles in place. Mr. McCloud emphasized consideration must be given to the visual impact, noise, drainage, traffic congestion, and open space. Item continued to December 5 Council meeting. 10. 101 CORRIDOR STUDY - PURSUIT OF FUNDING FOR PHASE 2 (Alice Miller, Marin County Principal Planner) Ms. Miller stated the San Francisco Foundation required the participating agencies to agree to proceed to Phase 2 before they would fund the project. MOTION: To support Phase 2 of the 101 Corridor Study for additional analysis and formulation of a transportation improvement plan and program for the entire corridor in order to solve the pressing problems which have been identified in Phase I. Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous 11. ABATEMENT OF DECK (Michael's, 80 Main Street) Item continued to December 5, 1984 meeting. 12. DOWNTOWN TIBURON BOULEVARD IMPROVEMENTS PROJECT (Status Report and Discussion of Delays and Projected Completion Dates) The Town Manager stated he had agendized this item for discussion due to the constant delays and frustrations being experienced by the Town and its residents concerning the Downtown Tiburon Boulevard Improvements Project. The Town Engineer stated the contractor was ~esponsible for keeping the area in safe condition and he would no longer keep reminding him to do so, he would now have his staff perform the necessary functions and deduct the costs from their account. The Town Engineer asked the Police Chief to review the project and compile a list of signs that should be installed. In response to Councilman Wilson, the Town Engineer stated that the contract calls for the contractor to work diligently, and this has not been the situation. Chris Jay, M.J.M. Contractors, stated he had a checklist of remaining tasks for this project which were either 100 or 90% completed; the three major areas remaining to be completed were the brickwork, landscaping and paving. He estimated the TOWN COUNCIL MINUTES #676 November 20, 1984 Page 7 brickwork would require 4-5 more weeks. The Town Engineer said he was told the brickwork would require at least two months. The Town Engineer stated temporary lights were also required and needed along the street, and the turnaround needed to be paved as quickly as possible. The Town Manager asked Chris Jay to meet with the Police Chief and Superintendent of Public Works regarding the signs. Chris Jay stated, wea her permitting, he would begin paving on Tuesday, November 27. Mike Hopton, Hot Fudge Factory, expressed his and the other downtown merchants frustration with this project. Vice-Mayor Bergmann suggested the Council enforce the bond and take actions at their disposal. Councilman Wilson suggested a new completion date be set and notify the bonding company. Councilman Spratling stated the Council's experience is that there has not been consistent diligent work on this project, and it's time to draw the line and convey to the contractor the seriousness of the situation. The Town Manager stated landscaping was being changed in the field which hasn't gone through the review process; the landscape architect has proposed placing trees in front of the Hot Fudge Factory and Twice As Nice. Both of these businesses were opposed to the installation of trees in place of shrubs in front of their stores. Council agreed there was no evidence for a change of plans and directed the Town Manager to contact the landscape architect to that effect. The Mayor directed Staff and the contractor to agree on a work schedule, subject to weather conditions. If this schedule was not adhered to, the Council would then take every measure at their disposal to expedite completion of the project. B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS BEACH ROAD EXTENSION PROJECT - Continued to next meeting. STREET LIGHT MODIFICATIONS (Point Tiburon Project - Oral Report and Recommendations by Town Engineer) Council directed Staff to work with Innisfree Co. regarding this subject. J . ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 12:15 a.m., Wednesday, November 21, 1984 sine di TOWN COUNCIL MINUTES #676 November 20, 1984 Page 8 MINUTES ADJOURNED TOWN COUNCIL CALL TO ORDER Mayor Smith called the adjourned meeting of the Town CounciL of the Town of Tiburon to order at 7:35 P. M., Monday, November 11, 1984, in the Town Manager's Office, Tiburon, California. A. ROLL,.CALL PRESENT: COUNCILMEMBERS: Bergmann, Coxhead, Wilson, Smith ABSENT: COUNCILMEMBERS: Spratling EX-OFFICIO: Town Manager Kleinert B. BUSINESS ITEMS 1. INTERVIEW APPLICANTS FOR PLANNING COMMISS ION VACANCIES There were five candidates to be interviewed for two vacancies on the Town's Planning Commission. They were Ed Middendorf, Kenneth Brown, James Holland, Eric Schmidt and Larry Duke. The Town Council proceeded to individually interview the applicants in the preceding order. Although Councilman Spratling was unable to be in attendance, it was noted that he had personally interviewed Ed Middendorf on Sunday, November 11, and had previous knowledge of the othe~_ applicants. The Council indicated they would consider the applicants and discuss the matter informally with Councilman Spratling. Staff was directed to agendize the matter for the next Council meeting which would be held on Tuesday, November 20, 1984. C. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 10:10 P.M., sine die. TOWN COUNCIL MINUTES #675 November 11, 1984 P ag e 1 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Smith called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 P. M., Wednesday, November 7, 1984, in the Hilarita Community Room, Tiburon, California. A. ROLL . ,CALL PRESENT: COUNCILMEMBERS: Wilson, Bergmann, Coxhead, Smith ABSENT: COUNCILMEMBERS: Spratling EX-OFFICIO: Town Manager Kleinert, Planning Director Hanna, Deputy Town Attorney Ragghianti, Town Engineer Bala, Chief of Police Bailey, Director of Finance Nadritch, Assistant Town Clerk Hennessy B. APPROVAL OF MINUTES #672, October 16, 1984 MOTION: Moved: Vote: To approve Minutes i672 as submitted. Wilson, Seconded by Coxhead AYES: Unanimous ABSENT: Spratling #673, October 17, 1984 Page 3, 5th paragraph, the words "some of" were inserted before homeowner associations. Page 6, Item 3., Councilman Coxhead abstained because a representative of Main Street Properties was not present to take part in the discussion. Page 7, third paragraph, insert "the condition of the" before rip-rap. MOTION: Moved: Vote: To approve Minutes #673 as amended. Wilson, Seconded by Bergmann AYES: Unanimous ABSENT: Spratling C. APPOINTMENTS TO COMMISS IONS, BOARDS, COMMITTEES There were no appointments. Mayor Smith announced that there were five applicants for the vacancies on the Planning Commission, and he directed Staff to set up interviews for Monday, November 12, 1984 starting at 7:30 p.m. D. COMMISSION AND COMMITTEE ORAL REPORTS The Mayor announced that 93.4% of the membership of the Tiburon Peninsula Club had voted in favor of proposed property dedication to the Town for the restoration of the marsh area. B. PUBLIC QUESTIONS AND COMMENTS Mr. William Trulock expressed his dismay that a member of the Town's Planning Commission, James Malott, had erected sale signs covering over 70 sq. ft. to advertise his property; these signs had been up for over a month despite the efforts of the Planning Director who had requested their removal. The Planning Director stated Mr. Malott was in violation of the Town's sign ordinance and the Town Attorney could take the necessary procedures for abatement. He suggested a date be set for a public hearing for abatement. The Council supported the abatement procedure, and the Mayor stated he would direct a letter to Mr. Malott. TOWN COUNCIL MINUTES #674 November 7, 1984 Page 1 F. CONSENT CALENDAR Councilman Wilson noted the resolution commending Barbara Moran for her service to the Town and gave a copy to the audience for their information. The Planning Director noted that Ring Mountain Development would pay the actual cost for the traffic study in Item 7 and not the estimated costs. Item 17 was added to the Consent Calendar, to be continued to December 5, at the request of the applicant. MOTION: To approve the Consent Calendar consisting of the following items: 1. FINANCE REPORT (August 1984) 2. TOWN AUDIT (1983-84) 3. CLAIM AGAINST TOWN (Cooke - Recommend Denial) 4. NOTICE OF COMPLETION (La Cresta Assessment District No. 1 - Resolution) 5. RECOGNITION OF SERVICE - BARBARA MORAN - Resolution) 6. FINAL MAP - HEXAN SUBDIVISION (Paradise Drive & Taylor Road Resolution) 7. TRAFFIC STUDY (Initiate Study of Traffic Impacts on Tiburon Boulevard as Required of Ring Mountain Development) 8. 1985-86 STIP PROJECTS (Five Year Marin County Road Improvements Program Approved by The Marin County Urban System Committee - Resolution) 9. ORDER TO SHOW CAUSE (Set Public Hearing Regarding Abatement of Deck - 80 Main Street) 10. AWARD OF CONTRACT (Trestle Glen Retaining Wall) 17. MASTER & PRECISE PLAN AMENDMENT (16 Main Street, Outdoor Eating Area - Ordinance, 1st Reading - Continued to 12/5/84) Moved: Wilson, Seconded by Bergmann Vote: AYES: Unanimous ABSENT: Spratling G. PUBLIC HEARINGS & BUSINESS ITEMS 11. MOITOZA LANE BETWEEN CENTRO WEST & VISTAZO (Tentative Subdivision Map & Rezoning - Ordinance, 2nd Reading) The Council reviewed Resolution No. 2264 which had been passed at the previous Council meeting subject to a review of the language. Rufe Sole, applicant, asked Council about Item D of Section 2 being redundant with Item 12. Council agreed and eliminated Item D. Mr. Sole requested that Item 15 be changed so that the height limit was set at 170' for lots 4, 5 and 6 and then lowered to 165' at the discretion of the Design Review Board. The Planning Director stated that the intent of the condition was that the Board had acted on it and they had established the lower limits. It was the Council's position that perhaps the Board didn't have all the information and the Board should review the height limit again. He recommended the resolution remain as adopted for that section. Councilman Coxhead asked about the necessity of additional signing in Section 2, 1, B. The Town Engineer suggested the new driveway within the development be given a name. Council agreed and referred the naming of the driveway to the Heritage Commission. Item 11 should read: Park "and open-space" in-lieu fees... There being no objection, the Mayor read the ordinance by title only. ORDINANCE NO. 296 N.S., AN ORDINANCE OF THE TOWN OF TIBURON REZONING THE MOITOZA LANE SUBDIVISION (A.P. i59-032-18 AND 19) FROM R-2 TO R-l IN THE TOWN OF TIBURON. MOTION: Moved: Vote: To adopt aforementioned Ordinance No. 296 N.S. Bergmann, Seconded by Coxhead AYES: Bergmann, Coxhead, Smith NOES: None ABSENT: Spratling ABSTAIN: Wilson TOWN COUNCIL MINUTES #674 November 7, 1984 Page 2 12. PERINI DEVELOPMENT - REED RANCH ROAD & TRESTLE GLEN BLVD. (Master Plan - Ordinance, 1st Reading) The Planning Director reviewed the revised proposal of the Master Plan for the Perini Development. The original application on which the EIR was based was for 38 parcels. After further review and refinement before the Planning Commission, the applicant modified the Plan to indicate a lower roadway, a cul-de-sac and reduction of density to 35 parcels. At the Planning Commission meeting, there were suggestions to reduce the number of roads and to shorten the roads. _There was a split decision on the number of parcel~, two in favor o~ 30 and_~wo in favor of the proposal. The final decision was to forward the project to the Council with a recommendation of a range of 30 to 35 parcels. The Commission also recommended that no building envelope exceed 175' in height. There was also great concern regarding drainage impact on the Belveron area, and incorporated in the draft ordinance are conditions of approval that assure when the Precise Plan and Tentative Map come before the Council these concerns will be addressed. Staff recommends that the Plan be modified to a maximum density of 30 lots, a modification of the roadway and elimination of lots at the end of the cul-de-sac on the up-hill site. In response to Councilman Coxhead, Mr. Lovejoy demonstrated what he meant by referring to an upper and lower knoll. He stated that the existing fire trail from neighboring houses,is their ridge line, and the lower elevation is approximately 140', and the 175' elevation has the potential of cutting off substantial views of San Francisco Bay. Martha McCart, representing Perini Corp., presented a model to the Council which reflected a 35 unit site plan as well as t'he surrounding areas of the Belverons, Hillcrest, Reed Ranch Road and the top of Ring Mountain. The peaks on Ring Mountain were 602' and 582' and there were a number of spur ridges that were separated by drainage gulleys. Ms. McCart stated the Perini property had a major drainage "swale". The Town of Tiburon owns 60 acres between Perini property and Ring Mountain Preserve. She stated there is a ridge with a saddle area of approximately 185 to 190' and the top of the knoll is approximately 202'. This 200' contour weaves in and out of the proposed developed area on the right side, and steep areas are at the top of the knoll. The proposal was modified and revamped to place the development in the most stable and more easily accessible areas. She stated that virtually all of the Reed Ranch subdivision were designed as down hill units. The architects of the Perini property don't- like the idea of having units with garages backing out on Reed Ranch Road due to safety factors. The proposed plan allowed for 27 acres of open space with a screen of shrubs proposed along the Belveron boundary. The Town Engineer agreed that the new development should have a separate road rather than using Shepherd Way. Ms. McCart also stated that the project engineer was having discussions with the Town Engineer regarding drainage problems in Belveron. She suggested the Council's Lands and Development Committee meet with the project engineer. The Perini property owners knew there was a flooding problem in Belveron and they would like to relieve it as much as possible. The Perini property accepts the drainage from the top of Ring Mountain and the Town property and they would be correcting slides threatening homes in Belveron. Ms. McCart stated every house in the subdivision would go to Design Review Board, and with careful study of the building envelopes, there shouldn't be any homes that will block views. This problem could be handled at the Design Review stage. She stated Perini Corp. supported 35 units and that density would help them assist the Town with the drainage problem. She also stated that they did not support the idea of a private driveway, with multiple owners, and suggested a public street be put in the development. She also had additional photo montages to indicate this site plan on the same photos presented in the EIR. TOWN COUNCIL MINUTES #674 November 7, 1984 Page 3 The Planning Director stated there had been dialogue at the Planning Commission meeting regarding continuing the appearance of the existing neighborhood concept along Reed Ranch Road. Staff concurs and recommends that concept and supported vehicle access along Reed Ranch Road. He stated it was his opinion that the Town Council policy had been not to have more than four homes along a private driveway. He had suggested elimination of the end of the roadway and placing units along Reed Ranch Road which he felt would reduce the visual impact and also reduce the extent of grading and excavation necessary. Bruce Ros$, architect, ask~d if he would allow building on a lot if it could be demonstrated that a house could be placed there without daylighting from several vantage points. He asked the Planning Director what criteria he was using by suggesting elimination of lots 7, 8, 24, 25 and 19. The Planning Director stated he felt it was more appropriate to reduce the density, have access from Reed Ranch Road and protect views. The Mayor opened the public hearing. Don Batten, President of Belveron Homeowners' Association, presented a letter to Council and referred to Title 24 of the Hydrologic Study which states even though the developer observes the 5 year flood plan, he must consider the adjacent areas in terms of a 100-year flood. Katie Bruel, 57 Mercury Avenue, presented maps she had composed of Belveron Gardens to the Council. She had used photostats of the original development with transparency overlays of Figure 7 in the EIR which showed the actual locations of lots in connection with steep and unstable areas; lot lines and proppsed building envelopes were outlined in red. She stated she used transparency of the original plan which indicated lots were on unstable ground. She also used transparency of current proposal. It was her contention that the lots were moved and the majority of the lots were on the least stable soil. She indicated that on Area A and Area Blots 20, 21, 22, 23, 33, 34 and 35 are on soil noted as least stable in the EIR. Lot 23 was on a drainage swale and Lot 25 appeared to be on an unstable area. She quoted from section 2C of the EIR. She proposed that lots on Map 5 could be built in an area more stable. Mrs. Bruel stated views would be cut by this development, particulary lots 32 and 24. She stated she would address the view issue at the Precise Plan stage. Rod McCloud, 21 Mercury Avenue, presented Council with photographs taken from his area which referred to the knoll area coming off Reed Ranch Road and showed the visual impact presented to residents of Belveron. He stated previous pictures had been taken from Blackie's Pasture and Trestle Glen which didn't relate to Belveron; no pictures had been taken from sites of residences in Belveron to show visual impact to their area. He mentioned that the train tunnel from Belveron to the other side of Reed Ranch Road had been filled in and he didn't know whether it was now stable. He referred to a Memorandum to the City Manager at that time which proposed 11 sites. He stated as a resident of Belveron he petitioned the Council not to take any action because there are a lot of areas that needed further study. In response to the Mayor, Mr. McCloud stated he had not presented these photos to the Planning Commission; that he had recently taken them. Mr. Lovejoy, 102 Reed Ranch Road, used a map to illustrate his understanding of daylighting and his viewpoint regarding the saddle, knoll, housing downhill and from Reed Ranch Road. He stated he wasn't sure whether suggestions of the Planning Commission and Planning Director to eliminate some lots would be sufficient from a daylighting standpoint. Mr. Lovejoy stated placing houses with backyards along Reed Ranch Road was unacceptable, and suggested placing houses facing Reed Ranch Road TOWN COUNCIL MINUTES #674 November 7, 1984 Page 4 which would be within the character of the neighborhood and reduce visual impact. He suggested the Council take a field trip. Ms. McCart gave the background of the memo she had written in 1977 as Director of Community Services to the City Manager. At that time, the District asked the City if it was interested in purchasing the property. The District was under State law regarding sale of property which would revert back to the State if not sold. The City Manager had asked her in her official capacity as Director of Community Services to look at the property.. At that time, t~e City w.asalso involved with a land swap of the Ward property, and the City looked at the property from the standpoint of minimal amount of development in RPD 1 zoning. The memorandum in question was submitted to the City Manager, but to the best of her knowledge, it was never submitted to the District nor to the Council for any official action. It was an internal informational memo. One-half of the 11 proposed lots were located on City open space property in the general location of the land swap parcels. There were no soils investigations, story poles or building envelopes discussed at that time. It was not an advanced evaluation, but an attempt to get the Town the most open space possible. Since the District never had this memo, they couldn't provide it to a prospective buyer. The memo was written for a different purpose. Town Manager Kleinert stated the context in which the 1977 memo was presented to the Planning Commission. He indicated he was now a property owner in that area and had discussed planning of the area with his neighbors. The memo was previously used as an explanation to Reed Ranch Road residents to describe the proposed minor subdivision of the Town's property. The residents of the area have anticipated development of the Perini property and have anticipated development along Reed Ranch Road. They supported the sitings as described in the memorandum. When the Perini proposal was before the Planning Commission, he sent the Commission the memo as an expression of his neighbors understanding of the possible lot siting and development along Reed Ranch Road, and not as an answer to the density matter. Mr. Kleinert read the memo in its entirety. Bob Webster, President of the Reedland Woods Homeowners' Associaton, 90 Reed Ranch Road, encouraged the field trip and suggested they walk beyond the development on Reed Ranch Road and view the surrounding areas where LaCresta, Highlands and Ring Mountain developments would be situated; to walk along Reed Ranch Road and look at the hillside where these proposed sites would be located and see the ridge and hillside homes along Reed Ranch Road and look at the views that would be obstructed. He stated in his opinion the only reasonable space to build would be along Reed Ranch Road. Bob Werner, 69 Reed Ranch Road, stated the memorandum in question was used by Mayor Kirk Hanson when talking with the neighbors in regard to the landswap. Bruce Ross, architect, stated the entire development has been prejudiced because someone acted improperly in using this memo as Town policy without the benefit of public hearings. Deputy Town Attorney Ragghianti's stated he was not familiar with the document, but Mr. Ross has a point in so far as "it", whatever the document says, being considered an official document of the City of Tiburon. He thought the document speaks for itself and arguments could be made as to its intent or meaning, but unless it was the subject of a public hearing and officially adopted as the policy by a former Council, it certainly doesn't bind this Council in any way or impose any constraints on what it has to do or wishes to do in connection with this development project. It doesn't prevent this Council from acting on this development project. TOWN COUNCIL MINUTES #674 November 7, 1984 Page 5 Resident, 54 Reed Ranch Road, stated problems could be significantly alleviated by significant reduction of density on both sides of the site; this was the last critical area of open space ranging from sea level to the top. Due to the zoning, he suggested the developer shouldn't expect density over 20 parcels. Jocelyn McDonnell property owner at 12 Venus Court, asked about access from Shepherd Way. The Town Engineer explained he had recommended a separate entrance as close to the subdivision as possible without affecting neighboring properties; he stated this matter requires thorough study at the Precise Plan stage. He stated this matter should be specified in principal but not in detail at this time. Mr. McCloud stated there had been a lot of time spent discussing the drainage situation at the Planning Commission which was not reflected in the minutes of the meeting, and the residents had not been given specific answers to their concerns. Ed McDonnell, 687 Hilary Drive, stated the Town Engineer suggested that the representation of the area on the maps could be in error of 40' and suggested the developer's model be checked for scale and placement. The Mayor closed the public hearing. The Mayor asked the developer to cooperate with a field trip to include story poles to which they agreed. The Mayor directed Staff to arrange a field trip on November 18 at 1:00 p.m. The Town Engineer noted story poles would not establish the exact location of the houses. Bruce Ross responded that their proposal was for lots which will go through architectural review later; the field trip would help identify sites considered to be buildable lots; the story poles won't represent height of the house; that the requirement for no daylighting can be included at the design stage. Ms. McCart stated they would send their engineer to survey where poles will go; will provide a map where the surveyed locations are on a map that can be checked by the Town Engineer and poles will be located by their contractor where indicated; that they would be willing to put the story poles up again at the Tentative Map stage. Vice-Mayor Bergmann stated she would like to see some staking of the 175' building envelope elevation and story poles on both sides of the development; the concerns of Reed Ranch Road people and Belveron residents represent different problems. In response to Ms. McCart, Vice-Mayor Bergmann stated she would like to see the running distance of the road along Reed Ranch Road and suggested they corner stake it. 13. VIA CAPISTRANO TRAFFIC IMPACT (Request from Property Owners to Improve Safety) The Town Manager reviwed the Staff report. The Traffic Safety Committee had considered safety problems on Via Capistrano at the request of residents. The residents requested the upper portion of Via Capistrano be made two way and the lower portion to be used for residents only. The concerns of the Committee was the adequacy of the upper portion to capably handle two-way traffic flow since its width is only 18'. The Committee also had concerns about changing the entrance way to Via Capistrano at Blackfield Drive because this intersection would be modified by the Ring Mountain development. The overall problem of closing the lower portion of the Town street is a policy decision. There had been some opposition of people who do not live on the street against changing traffic circulation. TOWN COUNCIL MINUTES #674 November 7, 1984 Page 6 line; the value of the property had been increased by painting the house; they had a civil engineering survey which stated there was a natural spring under the house and the addition would not add to drainage problems. Councilman Coxhead suggested the Council uphold the decision of the Design Review Board and the Browns give the Town a $1,000 landscaping deposit. Mr. Brown stated he would obtain his building permit and the landscaping installed within two weeks. MOTION: To uphold the Design Review Board decision. Moved: Bergmann, Seconded by Wilson Councilman Coxhead suggested the motion be amended to include the landscaping deposit. Mr. Baker asked the Council to move the deck back further. Councilman Bergmann stated she felt Mr. Baker's concerns would be mitigated by plantings. Councilman Coxhead withdrew his suggestion to amend the motion. Vote: AYES: ABSENT: Unanimous Spratling B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS SASM Town Manager Kleinert stated that a Council Committee of Mayor Smith, Councilman Coxhead and he had met with represnetative's from SASM concerning the jogging path and rip-rap repairs. Based upon this meeting a letter was received from SASM seeking the Town's approval of specific items. The Town Manager asked that any approval by Council at this time be subject to review by the Town Engineer and Councilman Spratling. The Town Manager stated that the immediate repair of the rip-rap was still of questionable concern. The Council agreed to defer comments until Councilman Spratling was present at the adjourned meeting. Councilman Wilson suggested expanding paragraph 4 of SASM's letter to add granting of easement after there is an agreement between the Town Engineer and SASM engineers regarding a planned program of rip-rap repairs; he also suggested there was weak wording of paragraph 3. TOWN CHRISTMAS PARTY Council agreed the annual Town Christmas Party be scheduled at the Community Congregational Church on Monday, December 17, 1984. J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 12:35 a.m., Thursday, November 8, 1984 to 7:30 p.m., Monday, November 12, 1984 to interview applicants for the ~own's Planning C mmission. TOWN COUNCIL MINUTES #674 November 7, 1984 Page 10 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Smith called the regular meeting of the Town Council of the Town of Tiburon to order at 7:38 P. M., Wednesday, October 17, 1984, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Spratling, Wilson, Bergmann, Coxhead, ':Smi th ABSENT: COUNCILMEMBERS: None EX-OFFICIO: Town Manager Kleinert, Planning Director Hanna, Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Director of Finance Nadritch, Assistant Town Clerk Hennessy B. APPROVAL OF MINUTES i668, September 19, 1984 Councilman Spratling made the following changes: Page 1: Include date "September 15" following the word Saturday. Page 2: Conflict of Interest, 1st paragraph, 5th line should read "officer of the company constructing the largest development in Tiburon". Next paragraph: ..."on any issue , affecting his employer". Page 3, Spring Lane Motion, change "should" to "shall". Page 4, last paragraph, last sentence, "...signals at certain intersections would result in a safe flow of traffic at an acceptable level of service". Page 5, Motion at top of page, should state "...Town Engineer and recommended by CAL/TRANS" and the rest of the sentence deleted. 8th paragraph, 4th sentence, to read: "...parking lot in order to mitigate the affect of uncovered parking; the ..." Page 6, last paragraph, to read: "no position as to whether he would keep the trees trimmed at the existing height." Also add at the end of last sentence "at this time". Page 7, second motion, amended to delete "at an appropriate date determined by Staff". Councilman Coxhead requested page 4, Reed Ranch Road be changed to Greenwood Beach Road. MOTION: Moved: Vote: To approve Minutes i668, September 19, 1984 as amended. Bergmann, Seconded by Spratling AYES: Unanimous ABSTAIN: Wilson #669, October 3, 1984 Councilman Spratling amended the statement on Page 6, 5th paragraph to read: "Council directed Staff to suggest to the Design Review Board that they consider adjourning their meetings at 11:30 P.M." Councilman Coxhead requested that page 5, 2nd paragraph from the bottom, 1st sentence to read: "In response to Councilman Coxhead, Mr. Clinton stated he didn't think the parking area on the Linda Vista side of the house would be suitable for a play area." TOWN COUNCIL MINUTES i673 October 17, 1984 Page 1 MOTION: Moved: Vote: To approve Minutes i669, as amended. Spratling, Seconded by Bergmann AYES: Unanimous ABSTAIN: Wilson Minutes i670, October 6, 1984 MOTION: Moved: Vote: To approve Minutes #670 as submitted. Spratling, Seconded by Bergmann AYES: Unanimous ABSTAIN: Wilson Minutes i671, October 7, 1984 MOTION: Moved: Vote: To approve Minutes i671 a~ submitted. Bergmann, Seconded by Coxhead AYES: Unanimous ABSTAIN: Wilson C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES Mayor Smith acknowledged the appointment of James Wilson to the unexpired term created by the resignation of Peyton Stein on the Town Council, and welcomed him. Mayor Smith also acknowledged the appointment of Peder Pedersen to the Design Review Board. Mayor Smith announced there were two vacancies on the Planning Commission as a result of the resignations of Robert Pringle and Roger Levy. The Council will accept applications until October 26 and hold interviews on October 27 for those persons interested in serving on the Planning Commission. D. COMMISSION AND COMMITTEE ORAL REPORTS Vice-Mayor Bergmann reported the 101 Corridor Study Committee had approved the preliminary plan for the 101 Corridor Study which included a projected build out to the year 2020. The study would include all phases of traffic from San Francisco to Sonoma. E. PUBLIC QUESTIONS AND COMMENTS Don Batten presented the Council with a video tape of the Tiburon Jazz Festival. He also announced he was working on a tape of the Ayala Day festivities to be presented at a later date. F. CONSENT CALENDAR Councilman Spratling removed the second section of the Traffic Safety Committee report, Item 3, for discussion. The Town Manager asked the Council if they wanted additional information regarding the new 911 System which was included in the Police Report. Council directed the Police Chief to arrange for a tour of the facilities when the system was in operation. MOTION: To approve the Consent Calendar consisting of the following items: 1. FINANCE REPORT (July 1984) 2. POLICE DEPARTMENT REPORT (September 1984) 3. TRAFFIC SAFETY COMMITTEE (October 1984) - First Section Only 4. EXECUTE DEED OF CONVEYANCE (Cibrian Drive Assessment Distr ict) 5. ORDER TO SHOW CAUSE (Set Public Hearing Date Regarding Tree Complaint - 20 Mark Terrace) 6. CLAIM AGAINST TOWN (Carcano-Velcich Associates - Recommend Denial) TOWN COUNCIL MINUTES i673 October 17, 1984 Page 2 7. DEFERRED COMPENSTION PROGRAM (Authorization to Execute Trust Agreement with leMA - Resolution) B. GRANT SEWER EASEMENT (Located on Open Space Property Adjacent to Private Property Line in the Miraflores Subdivision) Moved: Vote: Spratling, Seconded by Bergmann AYES: Unanimous G. PUBLIC HEARINGS & BUSINESS ITEMS 9. COUNTY OF MARIN'S MEDIATION SERVICES (Presentation and Discussion Regarding Proposal to Consider Tiburon's Tree Complaints) Eleanor S~lesky addressed the Coun~iland reviewed some cases that the Mediation Service had handled in Belvedere and San Rafael regarding tree disputes. The complaining party fills out a complaint form and they outline the situation and state what they would like to see happen. The Mediation Team contacts the other party and makes a site visit. A tree service is selected to outline alternative methods of trimming or cutting the trees and estimates immediate and future costs of maintaining the trees as outlined in the proposals. The Mediation Service's fees are based on a sliding scale with the highest fee being $40 per hour. The complaining party usually pays the fee. The Mayor briefly outlined Tiburon's current procedure and stated if the Town had access to people trained in mediation techniques it might add to the tools available to the Town. Mrs. Salesky stated it was their belief that the sooner people entered into mediation, the easier and more quickly the dispute was solved before tempers were aroused. In response to Councilman Spratling, Mrs. Salesky stated the Mediation Service does not treat mandatory referrals, such as those mandated by local governments, any differently than individual voluntary requests for mediation. The Mayor opened the public hearing. The Mayor stated the Council was not taking action on this item this evening, but was learning about the service. Councilman Spratling suggested the tree ordinance might come back for public hearings to see if the Council felt mediation services might be included in it. There was a general discussion regarding the differences between mediation and arbitration. Councilman Wilson stated some of the homeowner associations hadn't gotten involved in the past as the first step of a tree complaint and perhaps the mediation service could be used as an alternative to the homeowner association. In response to a resident, Mayor Smith stated the tree ordinance seems to be working, but there was an undercurrent of anticipation that there would be problems in the future. The Mayor noted there had been fewer complaints and perhaps neighbors were working out solutions amongst themselves without the government getti~g involved. MOTION: Request Staff to agendize consideration of modification of the tree ordinance, not to modify any other sections of the ordinance but to specifically consider the possibility of including mediation at some stage in the procedure and schedule public hearings starting at the Planning Commission level. Moved: Spratling, Seconded by Bergmann TOWN COUNCIL MINUTES i673 October 17, 1984 Page 3 Councilman Coxhead asked for clarification of intent because he felt the tree ordinance was working well, and Councilman Spratling stated it was not his intention to reopen the entire ordinance; that he meant consideration of only the element of using mediation services at some point as a way of refining the tree ordinance. Vote: AYES: Unanimous 10. COOPERATIVE AGREEMENT WITH COUNTY OF MARIN (Bond Issue for Low/Moderate Income Housing) The Planning Director reviewed the Staff report which requested authorization to enter, into a cooperative agreement with the Marin County Housing Authority to qllow Tiburon's pa~ticipation in the bond issue to allow first time home buyers to utilize below market rate financing to purchase a home. The bond money is available to developers who request to be included in the program and The Innisfree Companies had requested to be included. The Town was not responsible for administration of the program and would have no liability. The Mayor opened the public hearing. Dick Blood-Bornhold responded to questions from the Council and audience. He outlined requirements and limitations of participation set by the County and stated individual cities could impose their own requirements which might be more restrictive. The Mayor closed the public hearing. MOTION: To authorize the Mayor to enter into the Cooperative Agreement on behalf of the Town of Tiburon. Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous 11. INITIATE PROCBEDINGS AND SET PUBLIC HEARING FOR WEST TIBURON ANNEXATION (Resolution) The Town Manager reviewed the Staff report. LAFCo had held a public hearing on October 11, 1984 considered Tiburon's application; had approved it and amended it to include the Bel Aire area that had petitioned to be included. The matter before the Council was to set a public hearing to initiate proceedings and hear any protests in regard to annexation at that time. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. The Planning Director requested the words "with the Town Clerk" be added to the last paragraph of the resolution. MOTION: To approve Resolution Initiating Proceedings for Annexation and Set Tuesday, November 20 for a public hearing date. Moved: Bergmann, Seconded by Wilson Vote: AYES: Unanimous 12. MOITOZA LANE'BETWEEN CENTRO WEST & VISTAZO (Tentative Subdivision Map & Rezoning - Ordinance, 1st Reading & Resolution) The Planning Director reviewed the Staff report. He explained that at the Planning Commission hearing it was suggested that the Design Review Board might not have had correct information regarding height limits, therefore, the proposed resolution provided for the determination of height to be returned to the Design Review Board. TOWN COUNCIL MINUTES #673 October 17, 1984 Page 4 The Mayor opened the public hearing. The Planning Director, the Town Engineer, the applicant Rufe Soule, the applicant's engineer Dean Rhodes and the Council discussed the off-site drainage and street improvements and made numerous changes in the resolution. Mr. Soule requested everyone agree on the height limit being defined as based on the contour data as shown on the Tentative Map, and it was so agreed. The Council also decided that the zoning of R-l, single family, should be included in the CC&R's so that there would be no misunderstanding in the future tha~ R-l, single family zoning, was indeed the intent of the Town Council. The Planning Director summarized and Council concurred that the Council would like curb and gutter on the frontage road of Mr. Soule's property and 200' down the street; the street paved as wide as possible, between 18 and 20', without the retaining wall, such width subject to approval of the Fire District. The Mayor closed the public hearing. Council agreed that the design of "no parking" signs would be approved by the Design Review Board. Council made the following changes in the proposed Resolution: Section 2., Traffic & Circulation, sub-paragraphs 2 and 3., add at end of each sentence: "subject to approval of the Town Engineer". Section 2, Vegetation, sub-paragraph 2, 6th line, the word "should" be changed to "shall", and added to the end of the' sentence: "and shall be approved by the Design Review Board". Section 2, paragraph 7, shall read: "..shall be erected and no grading shall be commenced..." Section 2, paragraph 9, add at the end of the sentence: "including but not limited as set forth in letters of August 21, and September 11, 1984. Section 2, paragraph 12: Should read: "Esperanza Way (Centro West) shall be widened and repaved to a standard width of approximately 18' with curb and gutter and to the specifications of the Town Engineer from the new entrance to the property to the intersection of Centro West/Esperanza Way. A plan shall be submitted for review and approval by the Town Engineer prior to approval of the Final Map." Section 2, paragraph 13, should read: "A landscape plan for screening of the proposed driveway, cut bank and retaining wall for the driveway shall be submitted to and approved by the Design Review Board. The approved plan shall be implemented by applicant prior to Final Map recordation or in the alternative applicant shall submit to the Town a cash deposit or letter of credit acceptable to Town Attorney equal to the cost of installation plus 10%." Section 2, paragraph 15, amended to read: ...sea level, "based on the contour data" as shown on the Tentative Map. Section 2, paragraph 16, was added: "Applicant shall submit CC&R's to the Town Attorney for approval. Said CC&R's shall include among other things (1) restriction of all future development to single family residences (2) prohibitions on parking along the common driveway (3) a requirement that each parcel shall provide a total of four parking spaces, two guest TOWN COUNCIL MINUTES i673 October 17, 1984 Page 5 Mayor closed the public hearing. MOTION: Moved: Vote: To approve the Staff's report and award contract. Wilson, Seconded by Spratling AYES: Unanimous 3. TRAFFIC SAFETY COMMITTEE The Council discussed the Chamber of Commerce's resolution requesting a right hand turn lane from Rooney's to Main Street parking lot to lessen congestion on Main Street as cars lined up to enter and pay their fee at the parking lot. The Traffic Safety Committee submitted several recommendations which the Council discussed. MOTION: To provide a right hand turn lane from Rooney's to the parking lot properly signed on the condition Main Street Properties collects their parking fee on egress from the lot instead of ingress. Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous ABSTAIN: Coxhead Councilman Coxhead abstained because a representative of Main Street Properties was not present to take part in the discussion. B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS COOPERATIVE PERSONNEL SERVICES The Town Manager reported that there were two Sergeant vacancies in the Police Department and the Chief requested the use of the State Personnel Services to provide testing for applicants to fill these vacancies. MOTION: To approve Resolution Authorizing the Town Manager to Enter into a Contract and Execute Said Contract with the State of California's Personnel Board. Moved: Spratling, Seconded Bergmann Vote: AYES: Unanimous SOILS INVESTIGATION REPORT ON JOGGING PATH The Town Manager reported that Harlan Miller Tait Associates had completed their investigation and had recommended the path be repaired at an esimated cost of $36,000; that the cost allocation based on responsibility was a 60-40 spread with SASM paying $21,000. The Town Manager indicated that the SASM Board wanted to cash themselves out and be relieved of any further responsibility; would like to have the easement executed and the Town indicate acceptance of the rip-rap along the shoreline. The Town Engineer stated Stage IV of the multi-use path improvements would begin next week and perhaps this repair work could be included in the contract. Councilman Spratling stated the rip-rap was related to the jogging path and he would not support granting the easement until the matter was clarified. Councilman Spratling suggested and the Mayor so directed the Town Manager to inform SASM that the Town was interested in signing a consent agreement whereby the Town would relieve SASM of further responsibility with respect to the repair of the jogging path in exchange for $21,000, but would not grant the easement or accept the condition of the rip-rap at this time. TOWN COUNCIL MINUTES i673 October 17, 1984 Page 7 J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 11:00 P.M., to Saturday, October 27 at 9:30 A.M. for the purpose of interviewing candidates for two vacancies on the Planning Commission. f ATTEST: ~ ~RT' TOWN MANAGER/CLERK TOWN COUNCIL MINUTES *673 October 17, 1984 Page 8 MINUTES JOINT TOWN COUNCIL DESIGN REVIEW BOARD WORKSHOP CALL TO ORDER Mayor Smith called the adjourned workshop meeting of the Town Council and Design Review Board of the Town of Tiburon to order at 8:03 P. M., Tuesday, October 16, 1984, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Spratling, Coxhead, Wilson, Smith ABSENT: COUNCILMEMBERS: Bergmann PRESENT: BOARDMEMBERS: Freidman, Newberry, Siewert, Hall, Moorhouse ABSENT: BOARDMEMBERS: Lyon EX-OFFICIO: Town Manager Kleinert, Planning Director Hanna, Assistant Planner Crabtree B. PUBLIC HEARINGS & BUSINESS ITEMS The Town Manager outlined the purpose of the Joint Town Council and Design Review Board workshop meeting and indicated the session was an opportunity for the Board and Council Members' to discuss procedures, policies and goals of the Town relating to Design Review activities. Each Boardmember introduced themselves, stated their length of service on the Board and expressed certain agenda items or concerns which they would like discussed. The workshop discussion focused primarily on the need for good communications between the Staff, the Board and the Town Council, improving the public noticing of agenda items being considered by the Board, tree ordinance complaint procedures and the possibility of utilizing County Mediation Services, the processing of variances and the required findings, building envelope requirements and limitations, and establishing an appropriate time limit concerning the length of Board meetings. C. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Smith adjourned the workshop meeting at 10:24, sine die. TOWN COUNCIL MINUTES #672 October 16, 1984 Page 1 MINUTES TOWN COUNCIL ADJOURNED MEETING CALL TO ORDER Mayor Smith called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:52 P. M., Sunday, October 7, 1984, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Spratling, Bergmann, Coxhead, Smith ABSENT: COUNCILMEMBERS: None EX-OFFICIO: Town Manager Kleinert B. PUBLIC QUESTIONS AND COMMENTS There were none. c. PUBLIC HEARINGS & BUSINESS ITEMS 1. CONTINUED INTERVIEWS OF TOWN COUNCIL APPLICANTS The Town Council interviewed George Landau, 82 Sugarloaf Drive, concerning his interest in being appointed to the Town Council to fill the vacancy created by the resignation of Petey Stein. The Town Council then interviewed Jim Wilson, 394 Hilary Drive, concerning his interest in being appointed to the Town Council vacancy. The Council then reviewed and discussed the qualifications of all of the applicants interested in appointment to the Town Council. MOTION: To appoint James Wilson to fill the unexpired Town Council term created by the resignation of Petey Stein because of his past experience, demonstrated leadership qualities and proven dedication and service to the Town of Tiburon. Moved: Coxhead, Seconded by Bergmann Vote: AYES: Spratlin~, Bergmann, Coxhead, Smith NOES: None ABSENT: None MOTION: To appoint Peder Pedersen to serve on the Design Review Board Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous D. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 10:06 P.M., to the Joint Workshop Meeting with the Desig Review Board on Tuesday, October 16, 1984 at 7:30 P.M. TOWN COUNCIL MINUTES #671 October 7, 1984 Page 1 MINUTES TOWN COUNCIL ADJOURNED MEETING CALL TO ORDER Mayor Smith called the adjourned meeting of the Town Council of the Town of Tiburon to order at 9:38 A. M., Saturday, October 6, 1984, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Spratling, Bergmann, Coxhead, Smith ABSENT: COUNCILMEMBERS: None EX-OFFICIO: Town Manager Kleinert B. PUBLIC QUESTIONS AND COMMENTS There were none. c. PUBLIC HEARINGS Ii BUSINESS ITEMS 1. TOWN COUNCIL AND DESIGN REVIEW BOARD INTERVIEWS The Town Council interviewed Peder Pedersen, 1845 Mt. View Drive, concerning his application for appointment to the Town's Design Review Board. The Town Council interviewed Larry Duke, 62 Paseo Mirasol, concerning his application for appointment to the Town Council and filling the vacancy created by the resignation of Petey S te in. The Town Council then interviewed Renton Rolph, 95 Reed Ranch Road, concerning his application for the vacancy on the Town Council. During the course of the interview, Mr. Rolph stated because of recent job related time constraints and his recent election as Chairman of the Town's Planning Commission that he thought it appropriate at this time to withdraw his application of intereset in being considered for appointment to the Town Council. D. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 11:24 A.M., to Sunday, October 7, 1984 at 7:45 P.M. for the purpose of continuing interviews for the Town Council. R. TOWN COUNCIL MINUTES #670 October 6, 1984 Page 1 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Smith called the regular meeting of the Town Council of the Town of Tiburon to order at 7:50 P. M., Wednesday, October 3, 1984, in the Hilarita Community Room, Tiburon, California. "'. ROLL" CALL PRESENT: COUNCILMEMBERS: Spratling, Bergmann, Coxhead, Smith ABSENT: COUNCILMEMBERS: None EX-OFFICIO: Town Manager Kleinert, Planning Director Hanna, Town Attorney Conn, Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Director of Finance Nadritch, Assistant Town Clerk Hennessy B. APPROVAL OF MINUTES i667, September 17, 1984 MOTION: Moved: Vote: To approve Minutes i667 as submitted Spratling, Seconded by Bergmann AYES: Unanimous #668, September 19, 1984 - withdraw at request of Minute Clerk. C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES There were none. D. COMMISS ION AND COMMITTEE ORAL REPORTS There were none. B. PUBLIC QUESTIONS AND COMMENTS The Town Manager stated that Harbor Carriers would begin a catamaran ferry service on Monday, October 8, which would shorten the ferry run from Tiburon to S. F. from 35 to 17 minutes. In addition, there would be mid-day service to Fishermann's Wharf. F. CONSENT CALENDAR Councilman Spratling added No.9, MARIN RECYCLING & RESOURCE RECOVERY ASSOCIATON. Mr. Skip Lacaze was present. There were no comments or discussion. MOTION: To approve the Consent Calendar consisting of the following items: 1. PUBLIC WORKS CONTRACTORS INSURANCE (Adoption of County Standards) 2. NOTICE OF COMPLETION (Cibrian Subdivision) 3. EXECUTE DEED OF CONVEYANCE (Mountain View Drive Assessment Distr ict) 4. CLAIM AGAINST TOWN (Belvedere Land Company, Recommend Denial) 5. POLICY REGARDING SIZE OF SINGLE FAMILY RESIDENCE (Proposed Residence at Lot 11, Cibrian Drive, Exceeds 5,000 sq. ft.) 6. CONDOMINIUM CONVERSION (Extension of Time to File Final Subdivision Map, 1645 Mar West) 9. MARIN RECYCLING & RESOURCE RECOVERY ASSOCIATION (Reduce Monthly Rate for Recycling Services from .45~ to .40~) TOWN COUNCIL MINUTES #669 October 3, 1984 Page 1 Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous G. PUBLIC HEARINGS & BUSINESS ITEMS 7. PREZONING - WEST TIBURON (Bel Aire, Cove Shopping Center, Highlands & Pelican Hill - Ordinance, 2nd Reading) The Planning Director briefly reviewed the Staff Report. This prezoning of certain areas would apply if they annexed to the Town of Tiburon. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. Councilman Spratling corrected Section 2., Paragraph 5 to read: 47 acres, as ~ particularly...page 82, prezoned to R-l... MOTION: Moved: Vote: To read by title only. Spratling, Seconded by Bergmann AYES: Unanimous The Mayor read ORDINANCE NO. 295 N.S., AN ORDINANCE OF THE TIBURON TOWN COUNCIL AMENDING ORDINANCE NO. 9 N.S. BY ADOPTING PREZONING OF CERTAIN PROPERTIES TO RMP, PD, RPD-2 AND R-l ZONES EFFECTIVE UPON ANNEXATION TO THE TOWN OF TIBURON. MOTION: Moved: Vote: To adopt the aforementioned Ordinance No. 295 N. S. Bergmann, Seconded by Spratling AYES: Spratling, Bergmann, Coxhead, Smith NOES: None ABSENT: None 8. CONFLICT OF INTEREST (Policy Discussion Relating to Town Officials) The Town Manager briefly reviewed the Staff report and emphasized the State statutes which described Conflict of Interest. He pointed out that there was a conflict of interest concerning a Planning Commissioner, however the Commissioner recognized the conflict, had not voted on any issues involving the company he was employed by and had publicly stated he would abstain from any issues involving his company. This Commissioner had previously questioned the Town Council and Town Attorney on two separate occasions about his employment situation. On both occasions he had been advised there was no conflict of interest as long as he abstained from voting on any issue involving his employer. Mr. Kleinert stated he was not sure, therefore, what the issue before the Town Council was regarding this situation, and suggested it might be a policy issue. Councilman Spratling reiterated that the Planning Commissioner had notified the Town Council immediately regarding his employment status and had sought advice regarding his status. This demonstrated the good faith of the Planning Commissioner. He was advised that as long as he abstained from voting on any issue involving his employer there was no conflict of interest. Councilman Spratling addressed the issue before the Town Council, i.e., whether or not a Planning Commissioner that gets involved in a potential conflict because he is employed by a firm that is presently engaged in development in the Town where he is a Planning Commissioner can resolve the conflict, or overcome the conflict by excusing himself on those matters which affect this firm. Councilman Coxhead enumerated several instances where members of the Design Review Board abstained due to conflicts of interest. The Mayor opened the public hearing. TOWN COUNCIL MINUTES #669 October 3, 1984 Page 2 Eric Schmidt stated the term Conflict of Interest is to be construed in its ordinary use. He quoted from Mathew 6:24. Mr. Schmidt stated it was his contention that the law forbids this Commissioner in question to occupy a place on the Planning Commission. He stated he was emphasizing he was not criticizing anyone, neither Mr. Masterson, this Council nor anyone else of the slightest wrong doing. Mr. Schmidt quoted from Section 87100 of the Fair Political Practices Code which governed elected officials. The Assistant Town Clerk advised that all Planning Commissioners are required to file a Statement Qf Economic Interest annually. Mr. Schmidt quoted from Section 87103, a through d. Mr. Schmdit also quoted from Section 450 of the Department of Consumer Affairs statute, and stated he (Planning Commissioner) is not eligible under the law to sit on the Planning Commission. Robert Ross, Reed Ranch Road, stated his position was that it was inappropriate for any person to sit on the Tiburon Planning Commission whose livelihood is dependent on the development industry; he indicated a potential problem is that one of the principals of the Highlands project is suing the Innisfree Company; that this kind of a tie-in holds a potential for mischief. He stated there might not be a legal conflict but he felt there was a moral issue. Hal Edelstein listed those individuals who would not qualify to serve on the Town's Council, Boards or Commissions to avoid any conflicts of interest: all members of homeowner associations; all members of the Tiburon Peninsula Club; all members of environmental groups, as well as all members of anti- , environmental groups. He stated this Town operates because of the volunteer actions of people active in the business community and other areas. He felt that people bend over backwards trying to be fair, and he noted the Board is advisory only and it is the Council, the elected officials, that takes final action on any issue. Steve Wanat stated he thought it was a matter of degree. An individual applicant has one application and it is easy to abstain on one issue, but with the Point Tiburon development and perhaps the Highlands project, it is some of the biggest activity that has ever taken place in this Town. He thought the Town Council's use of the specific legalistic definition of conflict of interest was missing the point. He expressed concern on an ethical and moral basis. Mike Masterson stated he thought the comments of the Town Manager and Councilman Spratling described succinctly the situation. Mr. Schmidt requested the Council to have their legal advisor investigate to see whether or not the Council has the power to disregard the Fair Political Practices Commission and the Department of Consumer Affairs' statutes. The Mayor closed the public hearing. Councilman Spratling responded that Mr. Schmidt's question was rhetorical. Councilman Spratling stated everyone agreed there was a conflict of interest but the question was can the conflict be resolved by recusal. He then responded to points raised by Mr. Ross, Mr. Wanat and Mr. Schmidt. The Mayor noted the Planning Commission is an advisory body, and Councilman Bergmann stated there had been no evidence presented which demonstrated any wrong doing on the part of the Commissioner; that he had done a fair and good job for the Town and there was no reason to dismiss him or ask him for his resignation based on evidence presented to the Council. Councilman Cox head agreed, and stated he hoped Mr. Masterson TOWN COUNCIL MINUTES #669 October 3, 1984 Page 3 would complete his term. Mayor Smith stated he had been criticized for agendizing this topic, but felt there was enough interest and concern that it deserved a hearing. He stated his full support of the Planning Commissioner and stated he valued the guidance and talent of the Planning Commission. MOTION: To reaffirm Mr. Masterson's complete term as a Planning Commissioner Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous Mr. Masterson thanked the~Council ~or their vote of confidence. 10. APPEAL OF DESIGN REVIEW BOARD DECISION (182 Avenida Miraflores, Request to Move Building 10 to 15 Feet) The Planning Director stated that the appellant notified him this date that he was unable to attend the meeting; the appellant stated he wasn't notified and that he had a conflict this evening, but felt he had compelling reasons why this building envelope should be modified. He strongly believed a continuance was appropriate. The Town's ordinance requires that the appeal be heard at the next Council meeting which is not less than 10 days following the filing of the appeal. Staff did send the appellant a copy of the agenda and staff report, but the appellant's position is that he did not receive it. The Greys' builder was present and stated there was a bad soils situation and a large rock outcropping on the left of the building envelope which would make for unstable building conditions. A redesign would also require a much longer driveway and a delay in construction would force them into the rainy season as well as the financial picture might change and cause hardship for his client if the approval was overturned and delayed. The Mayor opened the public hearing. Mrs. Grey stated that although their property was currently next to open space this could change in the future. The Planning Director stated that Mr. Tischer's position is that the Grey's property is next to open space and therefore the house could be moved in that direction. In response to Councilman Bergmann, the Planning Director stated this change would amount to a change in the Master Plan; that moving this house would probably affect the view of 181 Avenida Miraflores. Councilman Spratling noted that the building envelopes are set at the time of purchase of the property and to expect the Greys to go through the planning process again was an unreasonable request. MOTION: To reject the appeal and affirm the Design Review Board's position. Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous 11. APPEAL OF DESIGN REVIEW BOARD DECISION (36 Linda Vista, Deck Extension) The Planning Director reviewed the Staff report. The Mayor opened the public hearing. Mr. Cole stated the notice of the Design Review Board hearing was sent to his post office box number and he hadn't had the opportunity to pick up his mail in time to attend the hearing. He stated he thought the approved deck would be injurious to his property and would create additional noise because sound would be TOWN COUNCIL MINUTES #669 October 3, 1984 Page 4 directed down towards his property. Mr. Cole stated in his backyard patio area you could hear sailboats in Racoon Straits. He presented a lengthly report to Council which expressed his various concerns. He proposed a two level deck in an area away from his property. Mr. Cole expressed concern that the Design Review Board did not have all the facts before making a determination; they didn't walk on his property when considering the application. Scott Clinton, owner 36 Linda Vista, stated he had never seen Mr. Cole's report before and would like to study it. Mr. Clinton reviewed the past history Of his purchase of the property and various letters, i.e., from Kenneth Reuter dated 7/11/84 and 9/27/84 and Anna Stock dated 10/2/84, which he received assuring him he could build this deck for outdoor living area; that the house was purchased with the expectation that he could build a deck: the seller had provided extensive confirmation of this fact. Mr. Crabtree, Tiburon's Assistant Planner, had told him it was a reasonable request and there was nothing in the file which indicated the request for a deck was unreasonable. Mr. Clinton then hired Mr. Marsh to explore alternatives to provide outdoor living area and after rejecting two versions because of incompatibility to the area and also being in a wind corridor, he presented the third alternative to the Design Review Board. He had decreased the size of the deck from that originally proposed by Mr. Reuter and also eliminated a staircase which would have been too close to Mr. Cole's property. Mr. Clinton noted that even though Mr. Cole wasn't present at the Design Review Board hearing, the Board did discuss the possible impact on Mr. Cole's property. Mr. Clinton stated the Board conditioned their approval on a landscaping plan to be submitted and a minor change in the width of the piers to which he had agreed. Mr. Clin~on stated he didn't feel a deck on the side would be appropriate and asked Council for their support. Gary Marsh, architect, referred to report and page 5 indicating sound waves, and stated he believed the landscaping would serve as a buffer; he stated a side deck would expose his client's privacy to people above and would be only 250 sq. ft., that their proposal was over 600 sq. ft. deck; that they had already eliminated 200 sq. ft. from Mr. Reuter's original proposal. Knowles Hall, member of the Design Review Board, stated when he visited the site he was unaware of a sound problem from Mr. Cole's rear yard and suggested the Board review the application again. Mr. Clinton stated they were proposing tempered glass panels which would help sound from reverberating. The Planning Director reviewed the detailed drawings with the Town Council and it was determined the deck would wrap around and project out from the slanted wall. Discussion ensued regarding the Staff report indicated the proposed deck was 371 sq. ft. and not the 660 sq. ft. actually proposed; the applicant's detailed drawings were correct. In response to Councilman Coxhead, Mr. Clinton stated he didn't think the parking area would be suitable for a play area on Linda Vista side of the house. Councilman Coxhead suggested he study alternatives; that he wouldn't be able to make the findings for a variance; that it would be a nuisance for the downhill neighbor. Councilman Bergmann suggested part of the deck be enclosed and that she would like to see the landscaping plans prior to approval due to the controversy of this issue, and suggested alternatives be studied such as reducing the size of the deck and mitigating noise problems. Councilman Coxhead expressed concern that landscaping would take TOWN COUNCIL MINUTES #669 October 3, 1984 Page 5 years to cover the poles and Councilman Spratling suggested the Design Review Board could require large plantings to mitigate that factor. Mr. Clinton stated he would discuss the matter with his architect, his wife and Mr. Reuter; that the issue of a side deck was out of the question; that the issue of the patio was a real possibility. He stated he felt someone in the City should take responsibility for providing inaccurate information. Councilman Spratling encouraged Mr. Clinton to try to work with Mr. Cole for a compromiser that the Council has not said he must reduce the size. MOTION: Neither reject nor grant the appeal but rather return it to the Board for reconsideration with correct information. Moved: Spratling, Seconded Bergmann Council directed Staff to suggest to the Design Review Board that they consider adjourning meetings at 11:30 P.M. 12. PROPOSTION 36 (Analysis of Impacts on Town) The Town Manager reviewed his Staff report which indicated the Town would revert to a deficit operating budget if this propositon passes; all public services will be affected, and he strongly recommended a No vote. The Finance Director stated this proposition would reduce the entire State's bond rating and make the cost of capital improvements more expensive. In response to a question from the audience, the Town Manager stated that services would have to deteriorate to such a degree that over 2/3 of the voters would vote to approve additional sources of income. MOTION: To support a No vote on Proposition 36. Moved: Coxhead, Seconded by Spratling Councilman Spratling noted he did not usually vote on matters outside the Town's jurisidiction, however, this propositon would drastically affect the Town if passed and therefore his vote on this motion. Vote: AYES: Unanimous 13. AWARD OF CONTRACT (Marsh Restoration) The Town Manager stated the Town was prepared to award contract, however he recommended the award be deferred approval is received from the Tiburon peninsula Club. Board had recommended to the membership to approve the of the area for the marsh restoration to the Town, and should be tallied by the first week in November. The contractor's bid was valid until November 17, therefore Council could reagendize this item on November 7. the until firm Their dedication the vote MOTION: Moved: Vote: To accept Staff's recommendation. Spratling, Seconded by Bergmann AYES: Unanimous COOPERATIVE AGREEMENT BE SINGLE FAMILY HOUSING REVENUE BONDS The Planning Director stated he had received a memo from the Housing Authority of the County of Marin requesting Tiburon's participation in a Cooperative Agreement which would provide long term loans to finance the construction and acquisiton of homes in the County by the issuance of qualified mortgage revenue bonds. Dick Blood-Bornhold stated there had been considerable interest TOWN COUNCIL MINUTES #669 October 3, 1984 Page 6 in providing below market rate home mortgages on projects within Marin County, including Point Tiburon. He apologized for the urgency of the issue but explained there was a priority list of how the money would be allocated and the sooner the County got on the list with the State of California, the better the County's chance of receiving funds. There would be no cost to the Town of Tiburon. Council expressed concern that they had not been given the information prior to the Council meeting. MOTION: To authorize by voice vote our intent to support this Agreement as soon as the public noticing has been qualified. Moved: Spratling, Seconded by Bergmann Vote: AYES: Spratling, Bergmann, Smith ABSENT: None ABSTAIN: None rIBURON BOULEVARD AND PALMER AVENUE The Town Engineer showed the Council drawings and pointed out that in the vicinity of Palmer Avenue on Tiburon Boulevard there's no shoulder but a I' vertical mud embankment on the east side is bulging and appears to be moving. He asked Council to note the condition of the roadway and explained corrective measures. He would contact CAL/TRANS and return to the Council with this item. B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS There were none. J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 11:20 P.M., to 9:30 A.M. on Saturday, October 6, 1984 for the purpose of interviewing candidates for Design Review Board and Town Council vacancies. ATTEST: TOWN COUNCIL MINUTES #669 October 3, 1984 Page 7 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Smith called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 P. M., Wednesday, September 19, 1984, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Spratling, Bergmann, Coxhead, Smi th ABSENT: COUNCILMEMBERS: None EX-OFFICIO: Town Manager Kleinert, Planning Director Hanna, Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Director of Finance Nadritch, Assistant Town Clerk Hennessy B. APPROVAL OF MINUTES Minutes #666, September 5, 1984 Councilman Coxhead corrected the name Harley to Harlan on Page 6, fifth paragraph. MOTION: Moved: Vote: To approve Minutes #666 as corrected. Bergmann, Seconded by Coxhead AYES: Bergmann, Coxhead, Smith ABSTAIN: Spratling C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES There were none. Mayor Smith announced the Council would accept applications for the vacancy on the Town Council until October 5 and the Council would conduct interviews on October 6. D. COMMISSION AND COMMITTEE ORAL REPORTS There were none. E. PUBLIC QUESTIONS AND COMMENTS ROTARY CLUB DONATES ANNIVERSARAY TAPE TO TOWN Don Batten, representing the Rotary Club, presented the Town with a copy of a tape recording of the Town's 20th Anniversary Parade and picnic. POINT TIBURON ELEVATIONS Chris Layton, 1901 Mar West, expressed his serious concerns about view blockage from his home due to the elevations of the Point Tiburon project. He stated the planning process clearly stated there would be s6me view impairment, but not blockage from some of the residences and he referred to several sets of minutes and letters. He presented Council with photographs taken from his home which depict view blockage, and placed the Town on notice that his view had been taken away from the living floor of the upstairs unit. Councilman Spratling stated for the record that the first time the Council became aware of the potential problem was Saturday morning, September 15; the Town's advisors had met on Saturday and Sunday, as well as Monday evening, and the situation was being investigated. TOWN COUNCIL MINUTES i668 September 19, 1984 Page 1 The Town Manager stated that everything is being constructed in accordance with the approved Tentative Map and construction drawings. He stated the Town Staff was compiling all available past information to review and report back to the Council for possible special hearing of the matter. Councilman Spratling requested Town Staff to hand deliver notices to all residents in the area to call attention to this special meeting and to shorten the notice procedure if necessary. POINT TIBURON Mr. Hank Baker presented the Town Council with a special shovel to represent the Point Tiburon ground-breaking. CONFLICT OF INTEREST Mr. Robert Ross, Reed Ranch Road, referred to a letter he recently sent to the Council regarding a perceived conflict of interest on the Town Planning Commission; he felt the presence of Mike Masterson was a conflict of interest because he was an officer of the company constructing the largest development in Tiburon. Mr. Eric Schmidt also expressed his objections to Mr. Masterson's serving on the Planning Commission. Ms. Susan Gerard also agreed there was a conflict of interest. Mr. Jason Jennings, Red Hill Circle, also supported Mr. Masterson's resignation. Mayor Smith stated the Town Attorney had ruled there was no legal conflict of interest as long as Mr. Masterson didn't vote on any issue affecting his employer. The Mayor asked Staff to agendize the item for the next Council meeting to afford full discussion of the issue and Mr. Masterson's attendance to respond to any questions or concerns. Mr. Noah Griffin, 110 Los Lomas, two year resident, stated he was also concerned with the height of the Point Tiburon project and asked the Town to act expeditiously; he was concerned about the misrepresentations made by Innisfree. CONSTRUCTION Nancy Ware, 45 Spring Lane, addressed Council regarding construction at 55 Spring Lane which is obstructing the view from her home. Mr. Ware stated he had signed a consent form without reviewing the plans when told it would be a small studio and not interfere with their view. The Mayor noted the Planning Director would assist her and issue a stop work order if construction was being done without proper approval. F. CONSENT CALENDAR MOTION: To approve the Consent Calendar consisting of: 1. POLICE REPORT (August 1984) 2. CLAIM AGAIN TOWN (Belvedere Land Company, Recommend Denial) Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous G. PUBLIC HEARINGS & BUSINESS ITEMS 3 . FORMATION OF POINT TIBURON ASSESSMENT DISTRICT NO. 84-1 The Mayor removed this Item from the agenda. TOWN COUNCIL MINUTES i668 September 19, 1984 Page 2 4. KUHNS PROPERTY, SPRING LANE (Master Plan, Precise Plan and Tentative Map - Ordinance, 2nd Reading, Resolution) Councilman Spratling requested an addition to Condition 3 of the Resolution to read: "If site conditions are inconsistent with earlier findings, the Town Engineer shall inform the Town Council that this condition has not been satisfied and the Town Council shall again consider the Precise Plan and any other conditions of approval." The Mayor opened the public hearing. Mr. Bill Kuhns, applicant, agreed to amendment. The Mayor closed the public hearing. MOTION: Moved: Vote: To read by title only. Spratling, Seconded by Bergmann AYES: Unanimous The Mayor read ORDINANCE NO. 294 N.S., AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE MASTER PLAN FOR THE DEVELOPMENT OF 3 ACRES OFF ROLLING HILLS ROAD/SPRING LANE. MOTION: Moved: Vote: To adopt the aforementioned ordinance. Spratling, Seconded by Bergmann AYES: Spratling, Bergmann, Coxhead, Smith NOES: None ABSENT: None MOTION: To adopt Resolution No. 2261 A Resolution of the Tiburon Town Council Approving the Precise Plan and Tentative Map for the Development of 3 Acres Off Spring Lane. Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous 5. PREZONING - NEST TIBURON (Bel Aire, Cove Shopping Center, Highlands & Pelican Hill - Ordinance, 1st Reading) The Planning Director reviewed the Staff report, and the prezoning designation for each area. He noted that most of the area had been previously developed and Staff recommended a Negative Declaration of Environmental Impact. The Planning Director stated that Tiburon's RPD zone discusses single family dwellings and clustered units, but does not discuss common wall developments. One of the proposals of the developer for the Highlands contains attached houses. It is Staff's opinion and should be confirmed by the Council that the RPD zoning would allow a development with a common wall between units. The Planning Commission recommended that the County 25' front and 6' side yard setbacks apply to the Bel Aire subdivision, and not the Town's IS' and 8' setbacks in order to keep the development consistent. The Mayor opened the public hearing. Ann Ross, Reed Ranch Road, asked if there could be some consideration given to changing the name of the Tiburon Hill Estates and Tiburon Hills development. The Mayor closed the public hearing. Councilman Spratling amended Section 2.5 to read: "The Bel Aire Subdivision comprising of 47 acres pre-zoned to R 1 except the set back requirements shall be 25' front setback and 6' side setback consistent with the County zoning at the time of the development of the subdivision." TOWN COUNCIL MINUTES i668 September 19, 1984 Page 3 MOTION: Moved: Vote: To read by title only. Bergmann, Seconded by Spratling AYES: Unanimous The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING ORDINANCE NO. 9 N.S. BY ADOPTING PREZONING OF CERTAIN PROPERTIES TO RMP, PD, RPD-2 AND R-l ZONES EFFECTIVE UPON ANNEXATION TO THE TOWN OF TIBURON. MOTION: Moved: Vote: To pass first reading of the aforementioned ordinance. Spratling, Seconded by Bergmann AYES: Spratling, Bergmann, Coxhead, Smith NOES: None ABSENT: Nona 6. TIBURON BOULEVARD & TRESTLE GLEN INTERSECTION TRAFFIC SIGNALS (Consideration of CAL/TRANS Proposal to Relocate Traffic Signals from Greenwood Beach Road to Trestle Glen) The Town Engineer reviewed the proposed traffic signal and blinking light locations. He explained a pedestrian pathway was needed for access to the bus stop and Blackie's Pasture area. The Mayor opened the public hearing. In response to Ann Ross, the Town Engineer stated the pedestrian crosswalk at Greenwood Beach Road would remain. The Mayor closed the public hearing. The Fire District request for pre-empter signals was considered, approved and incorporated in request to CAL/TRANS. The Town Manager noted there had been a letter of opposition to the signalization. The Mayor closed the public hearing. Councilman Spratling explained that signalization would improve the overall level of service for the entire community. MOTION: To direct Staff to request CAL/TRANS to proceed with working drawings including the crosswalk and pre-empters for the Fire District, and send letter regarding pedestrian pathway. Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous 7 . TIBURON BOULEVARD/SAN RAFAEL AVENUE INTERSECTION TRAFFIC SIGNALS (Consider Planning Commission Recommendations) The Planning Director reviewed the Staff report. CAL/TRANS had modified their previous proposal in order to allow residents at McAnnan Court egress and ingress. The revised proposal includes a right hand stacking lane. The Planning Commission had recommended a modified realignment of the bike path and consideration be given to landscaping. The Town Engineer stated there were a lot of details to be worked out including stopping the bicyclists, drainage, Belvedere's pedestrian path, 'visual clearance on the right side exiting Belvedere. The Mayor opened the public hearing. Mr. Soldovini suggested Belvedere remove landscaping to open view corridor. The Mayor stated serious consideration had been given to traffic signals versus stop signs. Councilman Spratling stated four consultants have all agreed that traffic signals at certain intersections would result in a safe flow of traffic at an TOWN COUNCIL MINUTES i668 September 19, 1984 Page 4 acceptable level of service. The Mayor closed the public hearing. MOTION: To approve Plan B with the bicycle path realignment suggested by the Town Engineer and recommended by CAL/TRANS Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous 8. POINT TIBURON PROJECT (Consider Design Review Board and Planning Commission Approvals of Garage Additions & Window/Skylights on Lagoon Buildings) ADDITIONAL GARAGES The Planning Director reviewed the Staff report. The Planning Commission and Design Review Board had recommended approval of the garage structures with additional landscaping. Mr. Baker stated there would be 9 additional structures for 33 parking spaces and landscaping would be used to mitigate impact on Mar West. The Mayor opened the public hearing. Chris Layton asked how cars would enter the project and the distance between buildings. The map was used to show direction of traffic and there would be approximately 10' between structures. A trellis would be attached to back of the garage to allow landscaping to grow; the roofs would be as previously approved. Mr. Bill Lukens stated he was against adding more bulk to the Project. Ms. Susan Gerard agreed with Mr. Lukens and stated the plan was approved with open parking spaces. Mr. Noah Griffin askd for a moratorium on all building. The Mayor closed the public hearing. Councilman Spratling stated the original approved garages were not calculated as part of the overall density of the project, and to be consistent the request for additional garages would not be included as part of the density. A visual evaluation was necessary, and although he had misgivings about increasing the mass of the project, he would support all but the three garages closest to the sewage treatment plant. He would like to see story poles for these three structures before approving them. Councilman Bergmann stated her concerns regarding the visual impact of additional structures. Councilman Spratling stated he was skeptical of how much landscaping one could place in a parking lot in order to mitigate the effect of uncovered parking; the Design Review Board had recommended substantial landscaping to soften the view. Councilman Coxhead stated he was more concerned about how the residents within viewing distance of Point Tiburon felt about the proposed garages. He asked for a show of hands in the audience; no one was in favor of garages; about 10 people opposed the garages. Mayor Smith stated he would like to see the project developed as originally planned. MOTION: Moved: Vote: To deny application for additional garages. Bergmann, Seconded by Coxhead AYES: Bergmann, Coxhead, Smith NOES: Spratling ABSENT: None TOWN COUNCIL MINUTES i668 September 19, 1984 Page 5 WINDOW/SKYLIGHTS ON LAGOON BUILDINGS The Planning Director reviewed the Staff report. The proposal was to add some skylights, and delete some solariums; the overall amount of glass coverage would be reduced, thus reflected light toward Mar West would be reduced. The Mayor opened the public hearing. In response to questions, Mr. Baker stated the skylights would not be bubble shaped, but a tent like design consistent with the original approval with the same roofing material; the architects fully endorse these changes. Councilm~mbers reviewed pr~vious discussion regarding a similar request from the developer for other buildings within in the project and all agreed to support the change. MOTION: To approve increase in skylights and decrease of solariums as proposed, including condition of Planning Commission Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous 9. ORDER TO SHOW CAUSE (Tree Complaint, 666 Hilary Drive) The Planning Director reviewed the Staff report. The Design Review Board had requested a pine tree be trimmed, in addition to other trees. However, this pine tree was not included in the original complaint. The Mayor opened the public hearing. Mr. David Ecklund thanked the Council for postponing the meeting while he was out of Town. He read some prepared remarks which outlined three points: First, whether or not the Town Council should be hearing the complaint. He stated it should be dismissed for lack of proper jurisdiction. The tree in question was never discussed in advance with him by the Kamis or the Andersons. Secondly, there should be and must be a degree of reasonableness exercised for a society to continue to function properly. He had tried to deal with 3 separate families, plus consider the privacy and aesthetic needs of two other neighbors. Thirdly, his concern for the Tree ordinance itself. He felt it will be in jeopardy if used arbitrarily, capriciously or abusively and in his opinion this particular complaint deserved all of these adjectives. Mr. Ecklund requsted the complaint be dismissed. Mr. Norman Anderson asked what the procedure would be if the matter was dismissed; he expressed concern regarding maintenance of trees already trimmed. In response to Councilmember Coxhead, Mr. Ecklund stated he had no position regarding maintenance of the trees. Mr. Ken Nemzer, 664 Hilary Drive, favored retention of the pine tree; removal would adversely affect his view. Councilman Coxhead stated he had attended all four hearings before the Design Review Board, met with the neighbors and he felt the Ecklunds had generally complied with the request of the Design Review Board; that it would be unreasonable to pursue any further actions against them. Councilman Spratling agreed with Councilman Coxhead, and also stated Mr. Ecklund came very close to losing his support as a result of his statement that he had no position as to whether he would keep the trees trimmed at the existing height. He stated he did not think there was a significant impairment of view at this time. TOWN COUNCIL MINUTES i668 September 19, 1984 Page 6 Councilman Bergmann agreed; residents had to be reasonable with expectation of views; that the tree ordinance didn't mean every tree would be cut down. MOTION: To deny application for abatement action. Moved: Spratling, Seconded by Coxhead Mr. Kami stated this particular tree if left and allowed to grow would and is already blocking his view of the Golden Gate Bridge from his dining and living room areas. Vote: AYES: Bergmann, Coxhead, Spratling ABSTAIN: Smith Councilman Spratling reiterated his concern regarding Mr. Ecklund's remarks on maintenance. MOTION: To request this matter be agendized at the Design Review Board meeting in 6 months or a year to make sure the trees that have been trimmed have been maintained at a proper height. Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous Mayor Smith stated the tree ordinance is a very valuable tool that the Council was still learning how to use; that by the time a complaint arrives at the Council, people aren't listening to each other; that the Council will try to introduce mediation services at the beginning so that maybe we can head off the need to appeal the decisions up the ladder; Belvedere has successfully used this approach; that he hoped to see the use of those services before the end of the year. 10. POINT TIBURON PROJECT - (Closure of Paradise Drive Contingency Plan for Emergency Access) The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. MOTION: Moved: Vote: To adopt Staff recommendations. Spratling, Seconded by Bergmann AYES: Unanimous 11. APPEAL OF DESIGN REVIEW BOARD DECISION (Outdoor Lights for Tiburon Peninsula Club) The Planning Director reviewed the Staff report. The Board had not taken a definitive vote on the issue and the Tiburon Peninsula Club preferred to have the Town Council decide the issue. MOTION: Given Staff recommendation the Council should hear the appeal and take final action and not be worried about procedural posture. Moved: Spratling, Seconded by Coxhead Vote: AYES: Unanimous The Town Manger read a letter from Ann Wallace, 90 Lyford Drive, who opposed night lights for tennis at the TPC because of the noise created by'tennis players. The Mayor opened the public hearing. Ms. Lani Valentine, member of the TPC Board of Governors, thanked the Council for hearing the appeal. Ms. Valentine stated the membership needed to approve a major expenditure and there was a 45 day waiting period for noticing. Ms. Valentine stated the lighted courts would be in the hollow of the hill; there was a buffer of pine trees; zoning for the Club was park land. There was a proposed light switch that would be activated by tennis TOWN COUNCIL MINUTES i668 September 19, 1984 Page 7 players for 1/2 hour intervals and automatically shut off at 9 P.M. The lights used for the test were approximate, housing was different. Bruce Felton, representing lighting firm, explained light diffusion. Charlotte Jurs, 90 Lyford Drive, stated it was hard to make a jUdgement with a small light test. In response to Mr. McIntyre, Mr. Weston stated there were approximately 236 adults who desired night tennis. Mr. Mayberry, 1486 Vis_tazo, opposed proposal due to noise factor. He also pointed out that at Monday night's test period, the light could be seen thru, around and over the trees and this was only one light, not the 12 proposed. Jason Jennings, 106 Red Hill Circle, opposed the application. Jackie Crowder expressed surprise at the noise factor because the Club had a twilight league and there had been no complaints. Mr. Enzelo, Mar West, opposed the lights. Pam Hanson, member of the TPC, worked days and urged Council to approve the night lights. Resident, 1410 Vistazo West, also representing Mr. Steele and Mr. Schneider, opposed the lights. The Mayor closed the public hearing. Councilman Coxhead thanked members of the community who allowed the Council to come into their homes Monday night so they could view the test lights from the TPC. He agreed with concerns of Ms. Wallace that the lights were a minor concern compared to noise concern. He offered a compromise situation which would allow the light during the cooler months starting October 15 when the windows and doors would be closed, eliminating noise for the neighbors. Councilmen Bergmann and Spratling both stated negative impacts far outweighed the benefits to the members of the TPC. Mayor Smith stated the field trip convinced him to oppose the lights because of the noise factor produced. MOTION: To deny Tiburon peninsula Club request for lighted tennis courts. Moved: Bergmann, Seconded by Spratling Vote: AYES: Bergmann, Spratling, Smith NOES: Coxhead 12. MARSH RESTORATION PROGRAM (Award of Contract) Award of bids continued to next meeting. The Town Manager reviewed his memorandum which summarized four (4) proposed actions in regard to the TPC and the Council's reaffirmation of'their willingness to cooperate with the Club. The Town Engineer stated the flood control aspect and the impact the substantial fill of Judge Field has had on the drainage in Belvedere and Tiburon should be stressed. The Town Engineer stated he didn't realize how much fill had been added until he saw a map dated 1966. The Town Engineer also stated that Innisfree Companies would have to provide a check for $411,000 before the Town would award the contract. He noted that the cost of the dumping was $5 per cubic yard. TOWN COUNCIL MINUTES i668 September 19, 1984 Page 8 MOTION: Moved: Vote: To support the four points outlined in the Town Manager's memorandum dated, September 19, 1984. Spratling, Seconded Bergmann AYES: Unanimous B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS There were none. I. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 11:59 P.M., sine die. ATTEST: R. TOWN COUNCIL MINUTES i668 September 19, 1984 Page 9 MINUTES JOINT TOWN COUNCIL PLANNING COMMISSION WORKSHOP CALL TO ORDER Mayor Smith called the special workshop meeting of the Town Council and Planning Commission of the Town of Tiburon to order at 7: 40 P. M., Monday, ,September 17, 1984, in the Hi lar ita Community Room, Tiburon, California. A. aOLL . CALL PRESENT: COUNCILMEMBERS: Bergmann, Coxhead, Smith, Spratling COMMISSIONERS: Davoren, Rolph, Malott EX-OFFICIO: Town Manager Kleinert, Planning Director Hanna B. PUBLIC QUESTIONS AND COMMENTS There were none. C. PUBLIC HEARINGS & BUSINESS ITEMS The Councilmembers and Commissioners reviewed certain procedures and policies related to the Town's planning process, with specific discussion on the certification of EIR's and related land use matters. The Council indicated that this type of workshop session was beneficial and recommended it be continued to a date and time in the near future. D. ADJOURNMENT Mayor Smith adjourned the special joint meeting at 9:10 P.M., sine die. ~ ATTEST: R. &~GE~CLERK TOWN COUNCIL MINUTES #667 September 17, 1984 Page 1 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Smith called the regular meeting of the Town Council of the Town of Tiburon to order at 7:46 P. M., Wednesday, September 5, 1984, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Bergmann, Coxhead, Smith ABSENT: COUNCILMEMBERS: Spratling, Stein EX-OFFICIO: Town Manager Kleinert, Planning Director Hanna, Deputy Town Attorney Ragghianti, Town Engineer Bala, Supt. of Public Works Brunini, Director of Finance Nadritch, Administrative Intern Wickland, Assistant Town Clerk Hennessy B. APPROVAL OF MINUTES #665, August 15, 1984 MOTION: Moved: Vote: To approve minutes i665 as submitted. Bergmann, Seconded by Coxhead AYES: Unanimous ABSENT: Spratling, Stein C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES There were none. Staff was directed to set up interviews by Councilmen Bergmann and Spratling for the Design Review Board vacancy. TOWN BALL STEERING COMMITTEE Mayor Smith announced the formation of a Steering Committee to develop recommendations to meet the Town's overall needs for a new Town Hall or Community Center. Members of the Steering Committee are Councilman Spratling, former Councilmembers Rockey and Hanson, Town Manager Kleinert and himself. The Steering Committee's first priority was to establish a Facility/Needs Committee to evaluate current and future needs for a Town Hall or Community Center. This subcommittee would be Chaired by Dennis Rockey and local residents were being invited to serve. Three other subcommittees would be established in the future to study funding, design and a site location. D. COMMISSION AND COMMITTEE ORAL REPORTS There were none. E. PUBLIC QUESTIONS AND COMMENTS Don Batten, representative to Marin/Sonoma Mosquito Abatement District, read a letter of appreciation from Joe Walters, 30 Harbor Drive, which he felt most aptly reflected the successful work of the District. F. CONSENT CALENDAR Mayor Smith added item 15, COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATION AGREEMENT WITH THE COUNTY OF MARIN. TOWN COUNCIL MINUTES #666 September 5, 1984 Page 1 Councilman Coxhead requested Item 3, OPEN SPACE ELEMENT OF GENERAL PLAN (Approve Consultant's Contract) be removed. MOTION: To approve the Consent Calendar consisting of the following items: 1. FINANCE REPORT (June 1984) 2. GILMARTIN DRIVE ASSESSMENT DISTRICT NO. 84-1 (Agreement with Viacom, Resolution No. 2257) 4. AYALA DAY SPORTS CHALLENGE (Tiburon vs. Belvedere, Resolution No. 2258) 15. AUTHO~IZING EXECUTION OF COMMUWlTY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATION AGREEMENT WITH COUNTY OF MARIN, Resolution No. 2260) Moved: Bergmann, Seconded by Coxhead Vote: AYES: Unanimous ABSENT: Spratling, Stein G. PUBLIC HEARINGS & BUSINESS ITEMS 5. PARADISE DRIVE TRAFFIC MODIFICATIONS (Point Tiburon Contractor's Proposal and Recommendations) The Town Manager stated Mr. Dehrer of Carl N. Swenson & Co., could not attend the meeting, however, Mr. Kleinert reviewed the contractor's proposed schedule for undergrounding of drainage pipes, realignment of Paradise Drive and the Shoreline Park construction. The Innisfree Companies was awaiting a permit from BCDC which they expected to receive by October 1 and approximately 6 weeks would be required to complete four phases of construction. The proposed schedule was as follows: PHASE I a. Cleaning & Grubbing - 3 days of total closure b. Cutting & Filling, 30-40,000 cu.yds. - 5 days of partial closure from 8 a.m. to 5 p.m. c. Rough rock installation - 3 days of partial closure from 8 a.m. to 5 p.m. PHASE II Curb and Gutter Installation - 3 weeks of closure for one way traffic - Beach Road extension would be open PHASE III Fine Grade - 5 days of partial closure, one-way traffic day~ime, open to two-way traffic at night PHASE IV Final Paving - 3, days or less of day time closure Hank Baker, Project Director, stated they had looked at alternatives but they were impractical because of the narrowness of the road. He stated the critical portion of the entire schedule was the first 10 days; any rain would require additional time to dry out the area before work could progress. In response to Councilman Bergmann, Mr. Baker stated the alternate commuter parking could be provided behind Bank of America or in the existing temporary lot. The Mayor stated the Parking Committee will study this issue. The Mayor opened the public hearing. Ann Ross, 16 Reed Ranch, suggested parking be banned on Mar West. TOWN COUNCIL MINUTES #666 September 5, 1984 Page 2 Nat Marans, 2312 Spanish Trail, objected to additional traffic directed along Mar West; didn't think the schedule would work; suggested Council require one or two-way traffic at all times using flagmen. Jim Murray, resident of Mar West since 1956, urged Council to close Paradise Drive and get the project completed as quickly as possible. Dr. Dooley, resident of Old Tiburon, expressed concern about emergency vehicles and urged more than one route be open. Lou Soldovini, 1801 Mar West since 1939, suggested the City would be responsible if there were accidents on Mar West. Diana Bennett, President LCOTPOA, formally requested one way access on Paradise Drive for emergency vehicles to reach their area. Nat Marans suggested penalizing the developer if Paradise Drive isn't opened according to schedule. Mr. Baker stated he was willing to wait till Tiburon Blvd. was open; Innisfree had paid for 1/2 the cost of those improvements, but the Boulevard and Paradise Drive were two separate situations. The Town Engineer stated that Paradise Drive had to be closed to move 30-40,000 cubic yards of dirt within a week. Mr. Baker stated the 11 day closure for Phase I could be reduced to approximately 7 days if longer construction hours were permited, however, additional workers would only add confusion to the job site and not shorten the time frame. In response to the Mayor, Mr. Baker stated there was real danger in allowing paramedics or other emergency vehicles to traverse the job site because they could get stuck in the mud or a tractor might be in their way; that the Fire Department preferred to use Mar West; that he would assure a program of daily communication with the Police and Fire Departments and Paramedics regarding access routes. The Mayor stated it was the Police Department's responsibility to patrol Mar West to police speeding and make sure the road is open and accessible at all times. The Mayor asked the Town Manager to put a program together with the Chief of Police as supervisor, and return to the Town Council with a plan of action. James Murray stated the Chamber of Commerce did not take an official vote on the issue but had requested him to appear at the Council meeting to express the views that the schedule be completed as quickly as possible. Councilman Bergmann suggested the flagmen be equipped with radios to make sure all information is readily available. The Town Engineer stated an II' width should be available at all times and suggested illegally parked cars should be towed. Councilman Bergmann requested Staff to notify all homeowner's on Mar West of this program. The Superintendent of Public Works requested adequate signing be permitted on Tiburon Blvd. before the Mar West intersection indicating Paradise Drive is closed. Councilman Coxhead requested Staff to formally notify MJM Contractors that the Town wants two-way traffic opened on Tiburon Boulevard by October 1. The Town Engineer stated most of the delay was caused by the utility companies and not the contractor. TOWN COUNCIL MINUTES #666 September 5, 1984 Page 3 Councilman Coxhead stated he felt everything possible should be done to accommodate Swenson & Co. to get the job done as quickly as possible; that the schedule was reasonable, but he also felt there should be a penalty clause to insure the work gets completed on time and the proceeds could be used for the Stone Tower fund. The Town Engineer stated he couldn't support penalty fees, and the Mayor stated he couldn't unless the Town Engineer did. Councilman Bergmann stated she was in favor of longer construction hours if necessary, and asked Innisfree to keep the Council informed of their progress. MOTION: To adopt the schedule outlined by the Town Manager, and support work beginning as soon as possible. The Town Manager to return to the Council at the next meeting with a program of dealing with the issues of traffic, parking enforcement, access of fire and police vehicles, notification process of residents on Mar West and those others who need to know of traffic program, and a solution to short term ferry commuter parking. Moved: Smith, Seconded by Bergmann Councilman Coxhead requested the following amendment: AMENDED MOTION: To consider proper incentive to the contractor, including perhaps a penalty clause. Mayor Smith and Councilman Bergmann indicated they would not vote for a penalty clause, but agreed to accept the amended motion. Vote: AYES: Unanimous ABSENT: Stein, Spratling 6. UNDERGROUNDING OF UTILITIES AT SAN RAFAEL AVENUE & TIBURON BOULEVARD (Proposed Joint Undergrounding Program with City of Belvedere and County of Marin) The Town Manager reviewed the Staff report. The preliminary cost estimate for undergrounding 16 poles was $240,000. The County of Marin has allocated $61,000 for this project. Tiburon's Rule 20 funds totalled $54,000, with an additional $24,000 to be received in January. The Town Manager stated this area was not Tiburon's next priority for use of these funds, but given the opportunity of joint funding, he supported the project with the balance of approximately $179,000 to be shared on a 50-50 cost sharing basis with Belvedere. Councilman Bergmann questioned the cost of removing pole numbers 5, 6 and 7 which were located on private property. The Town Manager stated this is being negotiated by Belvedere, P.G.&E. and the property owner. Councilman Bergmann indicated the property owner should share in any additional cost of removing poles is and 7. In response to Cbuncilman Coxhead, the Town Manager explained that P.G.&E. was the lead agency and all utilities would be included in the undergrounding. The Town Manager asked Council to conceptually approve this proposal and indicate to Belvedere that Tiburon was willing to participate. The Mayor opened the public hearing. There being no questions, the Mayor closed the public hearing. MOTION: To approve conceptually the undergrounding of utilities at the intersection of San Rafael Avenue and Tiburon Boulevard at a 50-50 cost sharing with the City of Belvedere. TOWN COUNCIL MINUTES #666 September 5, 1984 Page 4 Moved: Bergmann, Seconded by Coxhead Vote: AYES: Unanimous ABSENT: Stein, Spratling 7. PERINI PROPERTY - REED RANCH ROAD & TRESTLE GLEN BLVD. (Certification of EIR) The Planning Director reviewed the Staff report. Two items were raised at the Planning Commission meeting and were addressed in the addendum attached to the final EIR. The certified EIR would be used to consider the Master Plan. The Mayor opened the public hearing. Mary Terrell, North Terrace, questioned page 94, sewer system. She stated if it addressed the system located in her backyard it was incorrect; she would like to see this system corrected this year. / ~ Jim Martin, Environmental COllaboratives, stated he did not think this line would be used, but if in fact it was used it is a consideration of the Richardson Bay Sanitary District. They were aware of the problem and there were plans to correct it. Charles Azevedo, 6 Venus Court, asked about low and moderate in lieu housing fees. The Planning Director stated low and moderate housing would be required as part of the project or in lieu fees charged. David Lovejoy, 102 Reed Ranch Road, stated the photos did not include city view and felt the EIR was deficient without showing the visual impact of the development; thought the maps . demonstrated it wasn't necessary for this development to be built on the ridges and still built on stable ground; felt there was inconsistency between the data presented and words describing the report; questioned legal ownership of the property. Martha McCart, representing developer, stated new photo montages were presented to the Planning Commission which show the city view; a complete copy of the contract of sale between the school district and Perini Company was on file at the Planning Director's office; a more detailed geological study would be presented as part of the Master Plan. Ms. McCart stated they realized there were significant environmental impacts and they were working on a plan within those constraints. Jim Martin stated there were inconsistencies in the Town's General Plan relating to ridge policy and stability of development locations which leaves very little of the property which could be developed in full compliance with the General Plan. In response to Councilman Bergmann, Mr. Martin stated mitigating measures for slide areas has been considered. Mr. Martin's associate stated more detailed studies need to be done. The Planning Director stated the new photo montage was not part of the EIR but they highlight a major concern and will be the subject of review during the Master Plan process; the visual impact has been identified; the EIR isn't deficient. In response to Councilman Bergmann, Ms. McCart stated the photos were taken from various locations using story poles for height references. Mrs. Bruel, 57 Mercury, presented Council with two photos taken from her property. A resident noted there seemed to be discrepancies between the run-off summary on page 47 between the Town Engineer and the EIR consultant. Jim Martin stated this was discussed in evaluation of No. 17; run-off time is part of the calculation. The Planning TOWN COUNCIL MINUTES #666 September 5, 1984 Page 5 Director stated that in 1974 there had been a proposal to build a high school and the Town Engineer felt that project would have caused greater run-off. Mr. Martin offered to give the resident the calculation figures used by the consultant. In response to Jan Sheets, Mr. Martin stated Reedland Woods School is addressed under the comments section. In response to a resident, the Planning Director stated dust problems are considered by the Planning Commission during the Master and Precise Plan review. The Mayor closed the public hearing. In response to the Town Manager, Mr. Martin agreed that there was a typographical error on page 11 and that construction hours should read from 8 a.m. to 5 p.m. In response to a resident, Ms. McCart stated they agreed the Harlan Report was not an adequate soils report and the developer had hired Gene Miller to do additional test drilling and a new soils report. MOTION: Moved: Vote: To certify the Final EIR. Bergmann, Seconded by Coxhead AYES: Unanimous ABSENT: Stein, Spratling 3. OPEN SPACE ELEMENT OF GENERAL PLAN (Approve Consultant's Contract To Up-Date Element) The Planning Director stated there had been many changes since the Open Space Element was adopted in 1976; maps needed to Qe up- dated. Ms. McCart stated there would be an inventory of open space that would categorize the enviornmental value of sites. In response to Councilman Coxhead, the Planning Director stated he had talked to several consultants regarding their work on the up-dating project, but had decided it was advantageous to have someone who was faimilar with Tiburon to do this project. The Finance Director stated funds for this project were incumbered in prior years. Mayor Smith appointed Councilman Coxhead as a member of the Open Space Committee to see if there were any lands the Town should consider selling. MOTION: To approve consultant's Contract to up-date Open Space element. Moved: Coxhead, Seconded Smith Vote: AYES: Unanimous ABSENT: Stein, Spratling 8. KUHNS PROPERTY, SPRING LANE (Consideration of Master Plan _ Ordinance, 1st Reading) The Planning Director reviewed the Staff report and recommended the Council approve first reading of the ordinance to approve the Master Plan. The Mayor opened the public hearing. Bill Kuhns, applicant, stated there were no changes from the original submittal; that he was going to dedicate some land to open space and hoped this land wouldn't be sold by the Town. Mr. Martini, 223 Round Hill Road, asked about two additional parking spaces and was informed there would be four on site parking spaces. TOWN COUNCIL MINUTES #666 September 5, 1984 Page 6 The Mayor closed the public hearing. MOTION: Moved: Vote: To read by title only. Bergmann, Seconded by Coxhead AYES: Unanimous ABSENT: Stein, Spratling The Mayor read AN ORDINANCE OF THE TIBURON TOWN COUNCIL APPROVING THE MASTER PLAN FOR THE DEVELOPMENT OF 3 ACRES OFF ROLLING HILLS ROAD/SPRING LANE. \ MOTION: To approve first reading of the aforementioned ordinance. Moved: Bergmann, Seconded by Coxhead Vote: AYES: Bergmann, Coxhead, Smith NOES: None ABSENT: Stein, Spratling 9. RING NT. FINAL SUBDIVISION MAP (Divide Development Area from Open Space - Resolution) The Planning Director reviewed the map and stated the final map would be brought to the Town Council for approval. By approval of the map, lot i7 could be sold; approval will create seven parcels and require that the Town Attorney and Town Engineer review final documents to insure there is an opportunity to correct land slides by the Town. The Mayor opened the public hearing. The Planning Director added an amendment to the ordinance that would require prior to filing of this map the necessary eas~ments shall be granted by the applicant to insure correction of the land slides that occur on open space property. The form and identification of the easements shall be reviewed and approved by the Town Engineer and Town Attorney. MOTION: To adopt Resolution No. 2260 Approving the Final Map for the Ring Mountain Parcelization as amended. Moved: Bergmann, Seconded by Coxhead Vote: AYES: Bergmann, Coxhead, Smith 10. TIBURON BOULEVARD & TRESTLE GLEN INTERSECTION TRAFFIC SIGNALS (Consideration of CAL/TRANS Proposal to Relocate Traffic Signals from Greenwood Beach Road to Trestle Glen) Item continued due to absence of the Town Engineer who had left to attend another meeting. B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS 11. MUNICIPAL GIFT CATALOGUE (Staff Recommndations) Tamara WiCkland, Administrative Intern, reviewed the Staff report and showed the Council samples of catalogues produced by San Rafael, Menlo Park and Laguna Beach. The Municipal Gift Catalogue had been recommended by the Financial Advisory Committee in 1982 as a means of raising money for Town needs. Ms. Wickland asked Council to appropritate money from revenue sharing funds to proceed with the preparation of this catalogue. Estimates to produce the catalogue ranged from $300 to $2,000. The Mayor suggested the printing of the catalogue should be added to the list of possible gifts. Council agreed it should be a quality catalogue, and the Mayor directed Ms. Wickland to proceed with copy and layout. Councilman Bergmann suggested the use of photographs. TOWN COUNCIL MINUTES #666 September 5, 1984 Page 7 12. MARSH RESTORATION PROGRAM (status Report) The Town Manager stated the Town Engineer was attending the Tiburon peninsula Club's Board of Governors meeting and hopefully they would approve in concept the restoration improvements and also have an indemnification agreement for the Town to review. The Town has advertised to bid the contract and hoped to award the contract at the next meeting. 13. TOWN LITIGATION (Status Report & Recommendations) Ms. Wickland reviewed the Staff report and the following three recommendations: 1. The Town of Tiburon should continue to aggressively defend itself against inverse condemnation, personal injury or other such claims which are either of no merit, or an act of nature which attempt to make the Town of Tiburon bear the cost of damages, regardless of the cause, in hopes of reversing current court decisions and limiting government liability. 2. Actively support and seek state legislation that restores the immunities that once protected local governments from strict liability in inverse condemnation; that liability for damages be apportioned and that public agencies only be responsible for their pro-rata fair share; and that the public be made aware of the economic burden that the courts and law makers (state and federal) are imposing on cities. 3. Support local municipalities, counties and other public agencies in applying pressure to the State and/or federal governments to fund defense and litigation expenses tha~ stem from unfunded mandates (laws passed which do not provide funding for their costs to local government). The Town Manager stated the significant recommendation was to continue to challenge those claims against the Town that are without merit. MOTION: Moved: Vote: To approve these three recommendations. Bergmann, Seconded by Coxhead AYES: Unanimous ABSENT: Stein, Spratling 14. LETTER FROM M. MITCHELL TO TOWN MANAGER (da ted 8/22/84 _ 1984-85 General Obligation Bond Tax Rate) The Town Manager reviewed the letter and stated the Open Space Bond debt service would be .015. This is the figure that would be the one tax levied against any new properties that become part of the Town as a result of annexation. I. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 10:30 P.M., to a special Joint meeting with the Planning Commission on Monday, September 17 at 8 P.M. in the Hilar t Communit Room TOWN COUNCIL MINUTES #666 September 5, 1984 Page 8