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Home My WebLink AboutTC Min 1985 (January thru July) MINUTES TOWN COUNCIL CALL TO ORDER Mayor Bergmann called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 P.M., WedneSday, July 17, 1985, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCIL~ffiMBERS: Spratling, Wilson, Coxhead, Smith :Bergmann ABSENT: COUNCILMEMBERS: None EX-OFFICIO: Town Manager Kleinert, Town Attorney Ragghianti, Planning Director Hanna, Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Finance Director Nadritch, Assistant Town Clerk Hennessy B. APPROVAL OF MINUTES 1698, June 8, 1985 Page 4, next to last paragraph to read: "...Town Engineer was uncertain but stated he thought Urban"... MOTION: Moved: Vote: To approve Minutes 1698 as amended Wilson, Seconded by Smith AYES: Unanimous ABSTAIN: Coxhead, Spratling APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES c. There were none. D. COMMISSION AND OOHMITTEE ORAL REPORTS LANDS & DEVELOPMENT OOMMITTEE Councilman Spratling reported he and Councilman Coxhead met with Town Staff, Town Counsel, representatives from Perini Land & Development Company and Counsel for Perini Land & Development Company for the purpose of discussing drainage improvements that have been contemplated as requirements or conditions of approval for the Precise Plan of the proposed development and to discuss alternatives that might be considered to cover the cost of the drainage improvements. Councilman Spratling stated there would be another meeting with the Perini representatives and recommended the Town Council set a separate meeting to hear the Perini Precise Plan Phase I on July 31. Council agreed and set the meeting for 7:30 P.M. at the Hilarita Community Room. PARKS & OPEN SPACE COMMISSION Commissioner Mogens Bach thanked Mayor Bergmann and Town Manager Kleinert for attending the Parks & Open Space meeting and stated there would be a representative from the Commission at the Town Council meeting once a month to report on the Commission's activities. Commissioner Bach stated they discussed plans for Ayala Day and would work with the Chamber of Commerce and other civic groups to improve the event; approved removal of a tree from the Belveron Mini Park at adjacent property owner's expense provided he replant a tree with approval of the Superintendent of Public Works and also approved installation of a bench along the multi-use path. Mayor Bergmann thanked him for his report and TOWN COUNCIL MINUTES 1699 July 17, 1985 Page 1 the Council welcomed a Parks & Op~n Space Commissioner's attendance at the Council meeting. 101 CORRIDOR STUDY Councilman Wilson stated he and Mayor Bergmann met with the representatives ftom Marin cities, Marin County and the Golden Gate Transit & Highway District regarding the scope of services proposed in the grant request to the S. F. Foundation for Phase II of the 101 Corridor Study. The appoximate cost of the study would be $500,000 and they are requesting the Foundation to fund 2/3 and the cities and County to fund the balance. Tiburon's proposed share would be approximately $2,000. Their next meeting will be October 9. E. PUBLIC QUESTIONS AND' COMMENTS There were none. . F. OONSENT CALENDAR Item H(b) was moved to the Consent Calendar. MOTION: To approve the Consent Calendar consisting of the following items: In reference to the Traffic Safety Report, Chief Bailey noted that it was determined trimming of undergrowth along right-Of-way of Venado would improve sight distance and emphasized that children are not to play in cul-de-sacs. 1. POLICE REPORT (June 1985) 2. TRAFFIC SAFETY COMMITTEE REPORT (July 1985) H(b) Ltr. from Board of Supervisor's Chairman Stockwell to Town Council dated 7/1/85 (Requesting support for "deep pOGket" reform legislation) Moved: Vote: Spratling, Seconded by Smith AYES: Unanimous G. PUBLIC HEARINGS & BUSINESS ITEMS 3. DONAHUE BUILDING (Consider Request to Relocate Building from the Shoreline Park) The Planning Director reviewed the Staff report. There had been a request from Tiburon residents to relocate the Donahue Building from the Shoreline Park. The Donahue Building had been designated as an historical landmark by Tiburon Town Council Resolution 830. The Donahue Building is owned by the developer of Point Tiburon and has been offered for dedication to the Town. Petitions, letters and comments have been received from both proponents and opponents to the question of relocation of the building. The Town Manager stated that the Landmark's Society had submitted petitions signed by 330 Tiburon residents and 137 Belvedere residents opposing the relocation. He had also received petiton signed by 186 residents in favor of the relocation. He enumerated several letters received in opposition; the survey conducted in the Ark in favor or relocation; the Tiburon Heritage Commission's Resolution opposing relocation and the Board of Adjustments and Review's Resolution in favor of relocation. The Town Manager stated he contacted the Historical Preservation section of the California State Department of Parks & Recreation concerning historical buildings and was advised their first preference is to keep buildings in their original location; if relocated, they should be kept as close as possible and with the same orientation as the original location. He was advised that since the Donahue Building has only a local historical landmark TOWN COUNCIL MINUTES 1699 July 17, 1985 Page 2 designation and not a state or federal designation~ relocation may b~ prejudicial to future designation at the national or state level. The Mayor opened the public hearing and asked that those opposed to moving the Donahue Building address the Council. Charles Walters, member of the Tiburon Heritage Commission, questioned the role of the Heritage Commission as outlined in Section l3(b)7 of Ordinance No. 129. The Town Attorney stated Ordinance No. 129 or Resolution No. 830 do not vest in the Heritage Commission any right to interfere with or to first approve the actual relocation of the Donahue Building. They do speak s~ecifically to an advisory role, a review role, an approval role, after a determination has been made to move or alter, or for this particular purpose to relocate the building; it is the Town Attorney's opinion that the decision to relocate the building elsewhere or to cause it to be left where it is presently located is peculiarly within the power of the Council; if the Council determines to relocate the building, then both the ordinance and resolution indicate that the Heritage Commission should have the right to comment upon and express their reservations with regard to, or their comments on the actual relocation, as to where it's going, the Council's determination in that regard, who's going to take it there, what ground its going to occupy, whether the ground around it is going to be landscaped, etc. The primary thing to focus on is the difference between whether to move or not; that's peculiarly within the power of the Council; as to that issue there is no requirement that the Heritage Commission first be consulted. Herbert Koncoff, California Heritage Council; Neal Mallich, California Heritage Council; Piper Rosenberg, representing Landmarks Society; Fran Mayberry; Louise Teather on behalf of NWPRR Historic Society; Marty Gordon; Warren Callister; Nat : Marans, Beverly Marcus, Lou Soldovini and Jack Kellen addressed the Council in opposition to relocation of the Donahue Building. Don Batten, Steve Sears, Michael Lyon, Chairman of the Board of Adjustments and Review, Ken Merklin, Norm Johnson, Stewart Hopkins, Audrey Romer and Ruth Cornell spoke in favor of relocating the building. Lawrence Feldman suggested the issue be placed before the residents for a vote. The Mayor closed the public hearing. Councilman Smith stated he had spent the day working on just such a ballot; it was the toughest issue he had faced on the Council; it was an issue loaded with subjective arguments; felt the Town was split down the middle; would like to persuade the Council to go along with an advisory ballot, but felt Council should make the final decision; asked for cooperation from people to write arguments in favor of relocation and opposed to relocation; stated it was a local issue that the residents should be given a chance to vote. Councilman Spratling supported the suggestion on the condition the Council agreed the vote would be advisory only and not binding on the Council; if the vote was close and not overwhelmingly in favor one way or the other, then other considerations would be important. Councilmen Wilson and Cox head and Mayor Bergmann agreed. TOWN COUNCIL MINUTES 1699 July 17, 1985 Page 3 MOTION: The Town of Tiburon send an advisory ballot to re9is~ered voters of the Town of Tiburon to vote on this issue. Details of controlling this to be worked out by the Town Staff; the ballots be postmarked and delivered to Town Hall no later than 5 P.M., August 5, 1985. Moved: Smith, Seconded by Spratling Vote: AYES: Unanimous 4. TIBURON SHORES (Approve Precise Plan and Tentative Map - Resolution) The Planning Director reviewed the Staff Report. Council reviewed the conditions outlined in the proposed resolution and it was decided that Item 14: be amended to read ".. .100 feet above sea leve'l... ". Staff agreed to specifically identify in pertinent documents each tree which must be maintained so there is no confusion. The Mayor opened the public hearing. Applicant Bill Goldberg asked what documents he should submit to the Town Attorney under condition 14, and the Council stated he would be so advised. The Council discussed the zoning requirements and how the tree maintenance would be included in the CC&R's and therefore the prospective buyer would be aware of the obligation prior to purchase of the property. The Mayor closed the public hearing. MOTION: To adopt Resolution Approving the Tiburon Shores Precise Plan/Tenative Map as amended. Moved: Wilson, Seconded by Spratling Vote: AYES: Unanimous 5. KAHN MASTER & PRECISE PLAN AMENDMENT (To Enlarge Building Envelopes - Ordinance 1st Reading) The Planning Director reviewed the Staff report. He stated the single family dwelling previously approved by the Design Review Board did exceed 5,000 sq. ft. In response to Councilman Spratling, the Planning Director stated he was not aware of any objections from neighbors. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. MOTION: Moved: Vote: To read by title only. Spratling, Seconded by Wilson AYES: Unanimous The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE MASTER AND PRECISE PLANS FOR THE SUBDIVISION LOCATED AT 4885 PARADISE DRIVE. MOTION: Moved: Vote: To pass first reading of the aforementioned ordinance. Spratling, Seconded by Coxhead AYES: Spratling, Wilson, Coxhead, Smith, Bergmann NOES: None 6. DRAINAGE FEE SCHEDULE (Consider Adjustment of Current Fees) The item was continued. 7 . PERINI PRECISE PLAN PHASE I This item continued to adjourned meeting July 31, 1985 at 7:30 P.M. TOWN COUNCIL MINUTES 1699 July 17, 1985 Page 4 . u: COMMUNlCATIONS~ STAFF AND TOWN MANAGERITEJiS 1985-86 Master Salary Program (Town Manager Oral Report and Recommendations) The Town Manager ~ubmitted a Resolution with proposed 1985-86 salary schedules for all non-management employees of the Town for Council's consideration and adoption. H. a. MOTION: To approve Resolution Establishing the Annual Salary Program for the Town of Tiburon Fiscal Year 1985-86 Moved: Spratling, Seconded by Smith Vote: AYES: Unanimous The Finance Committee indicated they will meet with the Town Manager to discuss both Town Manager and Department Head performance and salaries within the next two weeks. I. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Bergmann adjourned the meeting at 9:50 P.M., to Wednesday, July 31, 1985 to consider the Perini Precise Plan. ~ VALERIE W. B~~ Town of Tiburon TOWN COUNCIL MINUTES 1699 July 17, 1985 Page 5 MINUTES CALL TO ORDER TOWN COUNCIL Mayor Bergmann called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:45 P.M., Monday, July 8, 1985, in the Del Mar School, Music Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Wilson, Smith, Bergmann ABSENT: COUNCILMEMBERS: Coxhead, Spratling EX-OFFICIO: Town Manager Kleinert, Planning Director Hanna, Deputy Town Engineer Strandgaard, Supt. of Public Works Brunini, Chief of Police Bailey, Assistant Town Clerk Hennessy B. APPROVAL OF MINUTES 1695, June 10, 1985 MOTION: Moved: Vote: To approve Minutes i695 as submitted. Smith, Seconded by Bergmann AYES: Unanimous ABSENT: Coxhead, Spratling i696, June 17, 1985 Page 2, 1st paragraph add "for a total length of 24'" at endrof sentence. MOTION: Moved: Vote: To approve Minutes i696 as amended. Smith, Seconded by Bergmann AYES: Unanimous ABSTAIN: Wilson ABSENT: Coxhead, Spratling i697, June 19, 1985 MOTION: Moved: Vote: To approve Minutes i697 as submitted. Smith, Seconded by Wilson AYES: Unanimous ABSTAIN: Wilson ABSENT: Coxhead, Spratling c. REOOGNITION OF SERVICE Mayor Bergmann expressed the Council's gratitude to Jonathan Hart who has been both an outstanding citizen of the community and long-time Tiburon Boulevard Crossing Guard. The Council joined with the Reed Union School District and St. Hilary's to extend their combined appreciation to Jonathan Hart. MOTION: To adopt a Resolution of the Town Council of the Town of Tiburon Expressing Appreciation to Jonathan Hart Moved: Smith, Seconded by Wilson Vote: AYES: Unanimous ABSENT: Coxhead, Spratling D. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES There were none. E. COMMISS ION AND OOMMITTEE ORAL REPORTS There were none. July Iii, 1985 TOWN COUNCIL MINUTES 1698 Page 1 F. PUBLIC QUESTIONS AND COMMENTS There were none. G. OONSENT CALENDAR Item 10, Street Light Acquisition Policy, was added to the Consent Calendar. MOTION: To approve the Consent Calendar consisting of the following items: 1. FINANCE REPORT (May 1985) 2. MOITOZA LANE SUBDIVISION (Acceptance of Final Map - Resolution) . 3. SAN RAFAEL AVENUE/TIBURON BOULEVARD INTERSECTION SIGNALIZATION (Adopt Cooperative Agreement between CAL/TRANS and Town of Tiburon - Resolution) 4. MAJOR CRIMES TASK FORCE JPA (Approve 1985-86 Joint Powers Agreement - Resolution) 5. CLAIM AGAINST THE TOWN (Phelps - Recommend Denial) 10. STREET LIGHT ACQUISITION POLICY - Resolution Moved: Vote: Smith, Seconded by Wilson AYES: Unanimous ABSENT: Coxhead, Spratling B. PUBLIC HEARINGS & BUSINESS ITEMS 6. PERINI PRECISE PLAN PHASE I - (Resolution) This item was continued to the next regular Council meeting at the request of the applicant. 7. BLACKIE'S PASTURE (Adoption of Precise Plan - Resolutio~J The Planning Director reviewed the Staff report and drawing. In response to Councilman Wilson, the Planning Director stated there was no conflict between the Blackie's Pasture drawing and the Trestle Glen pedestrian path. The Deputy Town Engineer stated the Town was committed to install the pedestrian path as part of the Trestle Glen signalization project. The Mayor noted that CAL/TRANS did not approve pedestrian crossing signals for Greenwood Beach Road. The Mayor opened the public hearing. Tom Edmundson, Juno Road, inquired regarding the parking surface and the Planning Director explained what was to be used; Mrs. Schmidt, Virginia Drive, asked about parking spaces and was shown where they were to be located. Janet Fox, 3 Mercury Avenue, expressed concern that overflow parking on the other side of the creek was not shown on the Precise Plan. The Planning Director stated a decision had been made and reflected in the Plan to limit parking to accommodate community activities; there was a total of 225 spaces. Mrs. Fox stated she was concerned that the creek doesn't get dammed and the volley ball court would attract additional people and create additional noise. The Mayor closed the public hearing. In response to Mayor Bergmann, the Planning Director stated the landscape architect would prepare detailed drawings which will include the Greenwood Beach Road closure; propose landscaping to prohibit cars from parking in the passive area. Council also agreed with the Planning Commission that a volley ball court area was appropriate but the location might be changed. TOWN COUNCIL MINUTES #698 July e, 1985 P ag e 2 MOTION: Moved: Vote: To approve Resolution approving a Precise Plan for Blackie's Pasture Wilson, Seconded Smith AYES: Unanimous ABSENT: Coxhead, Spratling 8. STEWART DRlVE/TIBURON BOULEVARD INTERSECTION (Consider Sight Improvements, Bus Stop & Traffic Signals) Mayor Bergmann read the letter dated June 20, 1985 from CAL/TRANS which indicated the Stewart Drive/Tiburon Boulevard intersection did satisfy Traffic Signal Warrant No.2; however, there had been no accidents in 1984 and 1985 and CAL/TRANS was not proposing additional improvements at:this intersection. The Town Manager reviewed the Staff report which recommended Council support the Town Engineer and Planning Commission's recommendation to improve the sight distances; Council support installation of traffic signals at the intersection and continue to work with CAL/TRANS concerning such implementation, and that Council consider the actual bus stop usage in conjunction with recommendations from the Property Owners Association and residents of the area. Mayor Bergmann noted that the Golden Gate Bridge, Highway and Transportation District's response to the Town Engineer stated the Stewart Drive/Tiburon Boulevard intersection was an appropriate bus stop location and they estimated 10 to 20 commuters per day used this bus stop. The Mayor opened the public hearing. Eric Schmidt, Silverado Drive, stated the Homeowners Association had previously called a special meeting and everyone present~ except one person, was opposed to the Town Engineer's proposal for a bus stop or anything other than a stop light, and some people suggested waiting to see the consequences of the Trestle Glen signal. Mr. Schmidt expressed the opinion that the bus currently blocks sight distance while it pauses for 30 seconds in the intersection and cars wait behind it, however, if a bus stop is provided, traffic along Tiburon Boulevard would flow ahead, but the bus sitting in the bus stop would interfere with sight distance for people trying to get out of Stewart Drive and the bus will then have to reenter traffic along Tiburon Boulevard. Mr. Schmidt also felt the wider Boulevard would be more dangerous for children to cross. Frank Shaw, Virginia Drive, objected to the Town Engineer's letter regarding the priority list of improvements being included in the agenda package. Council explained that the Town Engineer's letter reiterated decisions made several years ago as part of the Southern Pacific Tiburon Boulevard Improvement Fund and enacted by Town Ordinance; that the priorities could be changed by Council action, but warrants must be satisfied before CAL/TRANS would permit signalization of the intersection; if warrants were met in the future, sight improvements would have to be made before any signals could be'; installed. David Gross, Stewart Drive, suggested nothing be done until CAL/TRANS agrees to permit installation of traffic signals. The Mayor announced that she and Councilman Wilson as members of the Public Service Committee, the Town Engineer and the Town Manager were scheduled to meet with CAL/TRANS District Director Burch Bachtold at the end of July to discuss the entire Tiburon Boulevard improvements program. The Mayor suggested this item be continued until after the District meeting when there might be additional information available. TOWN COUNCIL MINUTES #698 July 8, 1985 Page 3 The Mayor responded to queston by Tom Edmundson, Juno Road, that the Town Engineer had incorporated the new bus stop in the sight distance improvement drawings because it was his responsibility to make the Town's streets and intersections as safe as possible. Resident of 555 Virginia stated there was no question that Stewart Drive/Tibijron Boulevard intersection was unsafe and needed improvements and traffic lights; he suggested the Town Engineer cut the eucalyptus trees to improve sight distance and allow for a bus stop. The Superintendent of Public Works noted he receives many complaints regarding the sight distance problems at the Stewart Drive/Tiburon Boulevard intersection and the Town Engineer's proposal would improve the :sight distance in both directions. Mr. Schmidt suggested more information was needed regarding the warrant qualifications. Mayor Bergmann reiterated that the Tiburon Boulevard Improvements list of priorities was agreed upon as areas that will be impacted by increased traffic along Tiburon Boulevard; if all improvements were made there will be 11 stop lights along the Boulevard; every neighborhood feels their area is the most important; public hearings are held to discuss specifically what should be done and the Council was studying alternatives for the Stewart Drive/Tiburon Boulevard intersection. Mr. Shaw and Mr. Schmidt asked if they could attend the District meeting as observers. The Town Manager and Mayor explained that it was an informal fact finding and discussion meeting with CAL/TRANS Staff, and not an open public hearing. Mayor Bergmann expressed concern that the Council was unsure what the neighborhood actually wanted done at the Stewart Drive/Tiburon Boulevard intersection; some persons expressed concern for safety but didn't want any sight distance improvements unless a traffic signal was installed; however, no traffic signals would be installed unless the sight distance improvements were already accomplished; others wanted bus stops; others wanted no bus stops. Mr. Gross stated the neighborhood wanted traffic signals and any other work was a waste of money unless the signals were to be installed. The Mayor explained that CAL/TRANS was not going to pay for traffic signals; residents of the Stewart Drive/Tiburon Boulevard intersection area would have to compete with other areas in Tiburon for funds; Town Engineer and Staff feel sight distance improvements at the Stewart Drive/Tiburon Boulevard intersection would be beneficial even if lights are not installed. The Mayor closed the public hearing. In response to Councilman Smith, the Deputy Town Engineer was uncertain but stated he thought Urban Thoroughfare Funds and Tiburon Boulevard Improvement Funds have been set aside to help pay for the cost"of the proposed sight distance improvements. Councilman Wilson noted that the cost of the proposed improvements may have grown too big and suggested consideration of the Town Engineer's Alternative IV proposal, if the residents were willing to take a risk at that intersection and have the inconvenience of using the Avenida Miraflores bus stop. Council agreed to continue this item to August 7. TOWN COUNCIL MINUTES #698 JUly~, 1985 Page 4 9. STEWART DRIVE & REDDING COURT INTERSECTION (Consider Installation of Stop Sign) The Town Manager reviewed the Staff report. Residents had petitioned for 3-way stop signs at the intersection of stewart Drive and Redding Court. The Traffic Safety Committee recommended against stop signs and suggested striping to narrow the street and 15 mph signs be painted along the street. The Mayor opened the public hearing. David Gross requested the installation of 3-way stop signs at the Stewart Drive/Redding Court intersection. Frank Shaw stated his wife: had commented she had concerns regarding the Stewart Drive/Redding Court intersection. Victoria Fong, 182 Stewart Drive, urged Council to implement the recommendations of the Traffic Safety Committee; expressed concern that cars stopping at the intersection would increase pollution in the area; didn't think stop signs would control speeders; thought issue of speed control needed to be considered. Ellie Gross, 185 Stewart Drive, asked if the Council would consider stop signs if the Traffic Safety Committee recommendations don't work. David Gross stated they had previously tried compromises that didn't work. Barry Fong reiterated that stop signs shouldn't be used for speed control. The Mayor closed the public hearing. Councilman Wilson noted the Town Engineer had provided the Council with excerpts from the Manual on Uniform Traffic Control Devices which described guidelines for stop signs; using this criteria, the intersection did not qualify; he favored instituting the Traffic Safety Committee's recommendations. The Superintendent of Public Works urged the Council to implement the Traffic Safety Committee's recommendations. Councilman Smith preferred giving the Traffic Safety Committee's recommendation a trial basis before installing stop signs. Mayor Bergmann favored installation of stop signs; felt local residents sometimes knew situations better than the experts; thought spending money to paint signs to visually narrow the roadway was a waste of money; thought the major portion of speeders lived in the area and needed to be trained to stop at the intersection. Moved: Vote: To adopt recommendations of the Traffic Safety Committee as they apply to the Stewart Drive/Redding Court intersection for a 3-month trial period and if the situation hasn't improved to install 3-way stop signs. Smith~ Seconded Wilson AYES: Smith, Wilson NOES: Bergmann ABSENT: Coxhead, Spratling MOTION: 11. 1985-86 MUNICIPAL TOWN BUDGET (Adoption of Budget - Resolution) The Town Manager reviewed the Staff report which outlined specific revisions to the 1985-86 Preliminary Budget which resulted from the three public hearings held to discuss the proposed budget. The Town Manager also recommended increasing the Workers Compensation fund by $10,940. TOWN COUNCIL MINUTES #698 July 8, 1985 pag e 5 During discussion of the increased cost for maintenance of McKegney Green, the Mayor directed Staff to make an evaluation of the use of the field, fees charged and maintenance costs and agendize the item for Council's consideration. The Town Manager stated the proposed budget did not include salary increases. The Mayor opened the public hearing. There being no comment, the Mayor closed the public hearing. MOTION: To adopt A Resolution of the Town Council of the Town of Tiburon Adopting the Municipal Budget for FY 1985-86 Moved: Smith, Seconded by Wilson Vote: . AYES: Unanimous ABSENT: Coxhead, Spratling The Mayor commended Staff on the excellent job preparing the budget. 12. LYFORD DRIVE/TIBURON BOULEVARD TRAFFIC SIGNALS (Approve Drawing s) Deputy Town Engineer Strandgaard reviewed the drawings with the Councilmembers. The Mayor opened the public hearing. There being no comment, the Mayor closed the public hearing. MOTION: Moved: Vote: To approve drawings as submitted Wilson Seconded by Smith AYES: Unanimous ABSENT: Coxhead, Spratling I. OOMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS (1) Ltr. from Department of Transportation to Town Manager dtd. 6-20-85 (2) Ltr. from Town Engineer to Town Manager Responding to CAL/TRANS letter, dtd. 6/27/85 (3) Ltr. from Robert Marcus to Town Manager re Resignation as Tiburon Commissioner on the Marin Commission on Aging, recede 6/28/85 (4) Ltr. from Town Engineer to Town Manager re Completion of Point Tiburon Public Improvements The aforementioned letters were accepted as informational items. (5) MMWD Landscaping of LaCresta Water Tank (Oral Report by Town Manager and Planning Director) This item was continued to the next regular meeting. BALLOT MEASURE DEADLINE The Town Manager notified the Council that July 26 was the deadline for wording to be submitted to the County Clerk for a ballot measure for the November election. FIRE DISTRICT The Tiburon Fire District has written the Town and asked for a meeting with the Council's Lands & Development Committee and Town Staff regarding the size of a building the District might build on a particular piece of property. TOWN COUNCIL MINUTES i698 July B, 1985 Page 6 CLETS SYSTEM The County Sheriff's Department will replace the Town's CLETS system as part of their grant funding program which results in an $8,000 savings for the Town. BEACH BOAD & TIBURON BLVD. The Town Manager showed Council pictures of rock formations used in a center divider i~ lieu of plants. After discussion, Council was in favor of installing rocks along Tiburon Boulevard temporarily until Phase II Improvements are completed. and decided to give further consideration to the Beach Road divider. BLACKIE'S PASTURE The Town Manager showed Council drawings prepared by the Town Engineer to illustrate where clean fill from the Marsh area would be stockpiled in Blackie's Pasture until the Town needed to use it. Council had previously given the Town Engineer authorization and again approved his disbursement of the fill material. J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Bergmann adjourned the meeting at 9:55 P.M., sine die. ~B~ Town of Tiburon TOWN COUNCIL MINUTES 1698 July S, 1985 Page 7 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Bergmann called the regular meeting of the Town Council of the Town of Tiburon to order at 8:10 P.M., Wednesday, June 19, 1985, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Spratling, Coxhead, Smith, Bergmann ABSENT: OOUNCILMEMBERS: Wilson EX-OFFICIO: Town Manager Kleinert, Planning Director Hanna, Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Finance Director Nadritch, Assistant Town Clerk Hennessy B. APPROVAL OF MINUTES Minutes #694, June 5, 1985 Page 2, 3rd paragraph to read: "...; the Council had previously held a public hearing on moving the Donahue Building where most comments were from ..." Page 4, last paragraph, the word "he" changed to "Town Engineer". MOTION: Moved: Vote: To approve Minutes 1694 as amended. Smith, Seconded by Spratling AYES: Unanimous ABSENT: Wilson c. REOOGNITION OF SERVICE HAZEL CARTER, AFTERNOON ACADEMY DIRECTOR Mayor Bergmann expressed her pleasure to give recognition to Hazel Carter who recently resigned as Afternoon Academy Director. The Mayor intorduced the Resolution of Appreciation from the Town Council and also presented Hazel Carter with a framed picture of Ring Mountain. MOTION: Moved: Vote: To approve Resolution of the Town Council of the Town of Tiburon Expressing Appreciation to Hazel Carter, Afternoon Academy Director Smith, Seconded by Spratling AYES: Unanimous ABSENT: Wilson Mrs. Carter thanked the Council for the opportunity to serve the Town of Tiburon. Mayor Bergmann nominated Hazel Carter for appointment to the Belvedere/Tiburon Joint Parks & Recreation Committee. Council approved unanimously. STAN BALA, TOWN ENGINEER The Mayor announced that Town Engineer Stan Bala had been recently certified as a Fellow by the American Society of Civil Engineers and the Town Council wished to express their appreciation to him for his many years of dedicated service to the Town. TOWN COUNCIL MINUTES #697 June 19, 1985 Page 1 MOTION: Moved: Vote: To approve Resolution of the Town Council of the Town of Tiburon Expressing Appreciation to Tiburon Town Engineer Stan Bala Smith, Seconded by Spratling AYES: Unanimous ABSENT: Wilson Stan Bala thanked the Council for the recognition and expression of appreciation. c. APPOINTMENTS TO OOMMISSIONS, BOARDS, OOMMITTEES Mayor Bergmann stated the Council had interviewed numerous well qualified candidates who had offered to serve the Town of Tiburon and than~ed everyone who had participated in the interviews. MOTION: Moved: Vote: To confirm the following appointments: Joan Bassett to the Planning Commission Peter Logan to Design Review Board David Barley to Parks & Open Space Commission Mogens Bach to Parks & Open Space Commission Janet Braff to Fine Arts Commission Marge Walker to Fine Arts Commission Ted Carter reconfirmed to Fine Arts Commmission To reconfirm for a six month term the members of the Heritage Commission: Gene Marans Phil Molten Gerri Kahn Charles Walters Spratling, Seconded by Coxhead AYES: Unanimous ABSENT: Wilson D. OOMMISSION AND OOMMITTEE ORAL REPORTS Councilman Spratling deferred the Lands & Development Committee report until the public hearing on the Perini Plan. E. PUBLIC QUESTIONS AND OOMMENTS Don Batten, Belveron Homeowners Association, invited the Town Council to attend the 4th of July celebration and thanked the Police Chief for issuing courtesy citations to truck drivers parked along Main Street during restricted hours. F. OONSENT CALENDAR Item 3, Traffic Safety Report, was removed from the Consent Calendar. MOTION: To approve the Consent Calendar consisting of the following items: 1. FINANCE REPORT (April 1985) 2. POLICE REPORT (May 1985) 4. NOTICE OF COMPLETION (Tiburon Blvd. Downtown Improvements Miscellaneous Repairs - Resolution) 5. SINGLE FAMILY DWELLING IN EXCESS OF 5,000 SQ.FT. (11 Place Moulin) Moved: Vote: Spratling, Seconded by Smith AYES: Unanimous ABSENT: Wilson TOWN COUNCIL MINUTES #697 June 19, 1985 Page 2 G. PUBLIC HEARINGS' BUSINESS ITEMS. 6. COMMUNITY FACILITIES DISTRICT 1985-1 The Town Manager briefly reviewed the Staff report and recommended Council approval of the draft resolutions for the issuance and sale of the Community Facilities District bonds. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. MOTION: Moved: Vote: To appove Resolution Providing for Form, Execution and Issuance of Bonds Spratling, Seconded by Smith AYES: Unanimous ABSENT: Wilson MOTION: Moved: Vote: To approve Resolution Ordering Sale of Bonds Spratling, Seconded Coxhead AYES: Unanimous ABSENT: Wilson 7. PERINI PRECISE PLAN PHASE I - (Resolution) The Planning Director reviewed the Staff report. The Lands & Development Committee had met with the developer to consider elimination of Lot 3 and providing a larger open space corridor and the Planning Commission's recommendation to eliminate Lot 8. The Town Engineer has proposed that Phase I drainage improvement fees as outlined in his June 5 letter would amount to $550,000 and he suggested in a separate letter, also dated June 5, 1985 that a Belveron Drainage Mitigation Fund be established as a procedure to reimburse the developer some of the costs that would benefit adjacent developments by improved drainage. Councilman Spratling stated the Lands & Development Committee had met with the developer and there were representatives from both homeowner associations present as observers. The Committee and developer discussed those issues as directed by Council, and the Committee supported the Planning Commission's recommended height limit; the Committee visited the site and encouraged the developer to look at new siting of a house on Lot 8; the Committee believed a one story structure might be possible on this lot if sensitively placed. Councilman Spratling, speaking personally and not as a member of the Lands & Development Committee, stated if the application is approved, the developer will be required to correct an existing drainage problem even though the developer will only contribute to that problem to a small degree; because of that contribution to the Town, Councilman Spratling suggested the Council consider waiving the in-lieu housing fees for this development. In response to Councilman Spratling, Ms. McCart stated story poles for a revised siting on Lot 8 had been placed at 24' above existing grade, but the grade on Lot 8 would be lowered when debris was removed and therefore the house would be even lower. The Mayor opened the public hearing. ", John Colette, Colette & Erickson, representing Perini Land & Development Company, stated the developer was asking for approval of the Tenative Map and Precise Plan for Phase I; wanted Council's consideration of the 13 lot plan previously submitted; the applicant was not asking for consideration of the recommended plan submitted by the Planning Commission; the developer had never agreed to deletion of a lot and asked Council to consider plans dated February 19, 1985 that show a 13 lot subdivision. Ms. McCart reiterated the applicant's request for approval of the TOWN COUNCIL MINUTES #697 June 19, 1985 Page 3 13 lot plan; Lot 8 could be built at a reduced height; preferred stacking of Lots 12 and 13 which would allow spreading out other lots and retaining major views; didn't think the revised Planning Commission Plan was as pleasing to a majority of people along Reed Ranch Road; stated the developer needed relief in terms of dollars regarding the drainage fees; appreciated Councilman Spratling's comments; the developer needed 13 lots and additional considerations to swallow a 1/2 million dollar drainage bill. Councilman Smith asked the Town Manager if he was aware that the Council would be confronted with important legal issues at this meeting, to which the Town Manager replied he was not, therefore, the Town Attorney was not present. Mr. Cole~te stated he want~d to bring to Council's a~tention what he saw as serious problems from a legal standpoint that he thought should be addressed before the Council took action with respect to the Precise Plan: the first area of concern was reduction in density below the 13 units originally proposed in the Precise Plan at the Planning Commission and also a reduction of the original 19 units in the Master Plan. Mr. Colette thought the reduction was made in violation of California law. He then enumerated why he thought reduction of density was in violation of the Town's Zoning Ordinance Section 10-4f; he stated the applicant thought the 13 unit plan meets all the standards of the Town's Zoning Ordinance and should be allowed; any reduction can only be arbitrary, illogical and inconsistent with the Town's ordinance: any refusal to approve the 13 unit plan would be abuse of discretion. Mr. Colette cited Gpvernment Code Section 65589.5 and Public Resources Code Section 21485. Councilman Spratling asked Mr. Colette if he was going to ask Council to consider only the plan that has been presented and to vote on that and not to consider the plans that have worked through the planning process, and Mr. Colette responded tha~ would be his request. Councilman Spratling suggested Council continue the hearing until the Town Attorney was present: that Counsel for the applicant was challenging the Council's authority under state law to take the action the Council's been moving towards; the applicant is appearing with a totally unanticipated position in spite of the fact that the Council have been meeting with the applicant in weekly subcommitee meetings. Councilman Spratling stated he was astounded that the Council had received no notice of the applicant's intentions given the time and hours that members of the subcommittee and Council have spent working with the applicant, working toward what the Council thought was a resolution of the matter. MOTION: Moved: Vote: To continue this public hearing until such Town Attorney would be present on July 8. Spratling, Seconded by Smith AYES: Unanimous ABSENT: Wilson time as the * 8. MILL VALLEY REFUSE (Consider Proposed Rate Increase) The Finance Director reviewed the Staff report. Mill Valley Refuse Service, 'Inc. was requesting a three year increase in rates of 8% in 1985-86, 6% in 1986-87 and 6% in 1987-88 in their Agreement with the Town for refuse collection. Chut Dami, President, and Leo Jarvis, attorney, were present. The Mayor opened the public hearing. Leo Jarvis explained the Company was seeking an increase in collection rates to compensate for the increased operating costs, including insurance. TOWN COUNCIL MINUTES #697 June 19, 1985 Page 4 The Mayor thanked Mr. Dami on behalf of the Town for the excellent service his company provided and his willingness to cooperate with community events. Councilman Spratling commended the Company on their quarterly curb side pick-ups. " The Mayor closed the public hearing. MOTION: Moved: Vote: To approve the 7th amendment to the Agreement between the Town of Tiburon and Mill Valley Refuse Service, Inc. and grant the three year rate increase. Smith, Seconded by Coxhead AYES: Unanimous ABSENT: Wilson 9. FUND TRANSFERS (Consider Certain Fund Transfers Prior to Close of Fiscal Year) The Town Manager requested Council authorization for certain Fund Transfers as reflected in the Staff report. MOTION: Moved: Vote: To approve the requested fund transfers Spratling, Seconded by Smith AYES: Unanimous ABSENT: Wilson 3 . 'TRAFFIC SAFETY REPORT Vice-Mayor Coxhead asked why the Traffic Safety Committee didn't approve speed bumps as requested by homeowners on Avenida Miraflores. The Superintendent of Public Works stated the buttons are a hazard, especially to bicyclists; the residents must be willing to eliminate parking on one side of the street before a yellow line could be painted since the Town's ordipance requires 9' of clearance and it is also illegal for children to play in the street. The Police Chief stated the residents were aware of the Traffic Safety Committee's recommendations and did not appear at the meeting to argue against the recommendations. Vice-Mayor Coxhead accepted the explanation. B. OOMMUNlCATIONS, STAFF AND TOWN MANAGER ITEMS a. Ltr. from Supervisor Stockwell to Mayor Bergmann requesting Tiburon's support of the Marin County Korean/Viet Nam Memorial Fund, dtd. 6-12-85 The Town Manager stated that when there's a public project with regional significance it is appropriate for the Town to make a contribution. Council and Staff supported the endeavor. Motion: Moved: Vote: To approve contribution of $500 Smith, Seconded by Spratling AYES: Unanimous ABSENT: Wilson b. Ltr. from H6using Authority of County of Marin requesting Tiburon's Contribution to the Marin Renters Program, dated 6-10-85 The Town Manager reviewed the letter requesting continued participation in the Marin Renters Program. The S. F. Foundation would be considering a similar request in the near future. Tiburon's pro-rata share for this worthwhile project would be $2,250. MOTION: To approve appropriation of $2,250 from the Town's TOWN COUNCIL MINUTES 1697 June 19, 1985 Page 5 in-lieu fund to support the Marin Renters Program. Moved: Spratling, Seconded by Coxhead Vote: AYES: Unanimous ABSENT: Wilson REQUEST FOR NEW PLAQUE Dr. George Sugarman had requested the Town replace a bronze plaque designating a contribution of a bench along the waterfront from him which had been vandalised. Council discussed the liability of accepting donations from citizens if they set a precedent for future possible restoration ,/ or replacement. -" Council agreed to reinstall the Sugarman plaque, and to establish policy that the Town was not responsible, nor did it assume liability, when it accepted donations or equipment which would require extraordinary maintenance or replacement if it were removed or vandalized. I. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Bergmann adjourned the meeting at 9:30 P.M., to Monday, July 8, 1985, Music Room, Del Mar School. C~J~ ~ru~ VALERIE W. BERGMAN , MAYOR Town of Tiburon TOWN COUNCIL MINUTES i697 June 19, 1985 Page 6 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Bergmann called the adjourned meeting of the Town Council of the Town of Tiburon to order at 8:05 P.M., Monday, June 17, 1985, in the Town Hall Conference Room, Tiburon, CA. A. ROLL CALL PRESENT: COUNCILMEMBERS: Coxhead, Smith, Spratling, Bergmann ABSENT: COUNCILMEMBERS: Wilson EX-OFFICIO: Town Manager Kleinert, Planning Director Hanna, Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Finance Director Nadritch B. PUBLIC HEARINGS & BUSINESS ITEMS 1985-86 PRELIMINARY TOWN BUDGET Town Manager Kleinert provided an overview of the proposed Capital Improvements program for 1985-86. Town Engineer Bala reviewed the proposed slide repair work at Trestle Glen and Tiburon Blvd. noting this previously budgeted project is very important to complete before the next rainy season in order to avoid severe flooding in Belveron. Ms. Janet Fox questioned the Council about the Belveron dra~nage repairs. Mayor Bergmann replied that the Town has plans to. repair the Trestle Glen/Belveron area drainage problem and the minor repair behind 32 June Road. Mr. Don Batten urged the Council to move ahead with the drainage repairs as soon as possible. Because of the pending Perini Development and impacts on Reed Ranch Road, Town Manager Kleinert recommended the 1984-85 appropriation of $58,000 to overlay portions of Reed Ranch Road be rolled over to the next fiscal year and combined with other nearby projects to achieve lower costs. Supt. of Public Works Brunini requested that certain drainage repairs on Virginia Drive for $5,000 be approved at this time. Council approved the repairs. Town Manager Kleinert requested Council approve an additional $900 in the 1984-85 appropriation to repair the parking area between the Town Hall and Police Department buildings. Council approved this request. Town Engineer Bala discussed stock-piling of spoils from the downtown marsh restoration project for possible use on Blackie's pasture, and the starting date of the marsh restoration project. CounCIl reconfirmed the starting date as August 1, 1985. Supt. of Public Works Brunini discussed the fact that the irrigation system installed at the plaza by Main Street and Tiburon Blvd. has only one controller, therefore causing a conflict between watering schedules of nearby trees and flowers. Council directed that the Tiburon Blvd. landscape architect be consulted in regard to modifying the irrigation at the plaza. TOWN COUNCIL MINUTES 1696 June 17, 1985 Page 1 Council authorized the replacement of existing culverts in Blackie's Pasture with one culvert to accommodate the bike path and service road near the Richardson Bay Sanitary District pumping station. The dimensions of the culvert will be 12' for vehicular traffic, a 2' separation and a 10' bike lane for a total of 24' length. I. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Bergmann adjourned the meeting at 9:55 P.M., sine die. ~~tu~ VALERIE W. BERGMAN , MAYOR Town of Tiburon TOWN COUNCIL MINUTES *696 June 17, 1985 Page 2 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Bergmann called the adjourned meeting of the Town Council of the Town of Tiburon to order at 8:20 P.M., Monday, June 10, 1985, in the Conference Room, Tiburon Town Hall, Tiburon, California. A. ROLL CALL PRESENT: OOUNCILMEMBERS: :Smith, Spratling, Wilson, Coxhead, Bergmann ABSENT: COUNCILMEMBERS: None EX-oFFICIO: Town Manager Kleinert, Planning Director Hanna, Supt. of Public Works Brunini, Chief of Police Bailey, Finance Director Nadritch B. PUBLIC HEARINGS & BUSINESS ITEMS 1. 1985-86 PRELIMINARY TOWN BUDGET Finance Director Nadritch reviewed the Town Council and Town Attorney budgets, indicating the Attorney and Deputy Attorney rotated positions. Town Manager Kleinert discussed the concept of paying a straight $85 per hour for legal services instead of $75 for the first 27 hours of services and $90 an hour for each subsequent hour. : Council discussed the issue, however, made no changes. The Finance Director and Town Manager reviewed the Town's liability and workers' compensation insurance program noting liability costs are becoming a major burden for the Town. The Finance Director reviewed the proposed budget for the Planning and Building department noting that a significant change was the proposed transition of the Assistant Planner to a regular tenure slot rather than contractual. Planning Director Hanna then discussed the transcription equipment being requested by the Department to replace the old and worn equipment currently being used. Finance Director Nadritch then reviewed the Police Department budget. Nadritch noted the preliminary budget does not include salary adjustments that would be effective 1 July 1985. The Department request was approximately 45% greater than the current budget. Chief Bailey discussed the department requests and discussion then ensued amongst Council and the Town Manager concerning the level of law enforcement desired in Tiburon. Councilman Spratling and Mayor Bergmann then questioned the Chief concerning the economic life of bullet-proof vests. Chief Bailey replied vests normally last three year before they deteriorate. Council expressed concern about issuing proper safety equipment to police officers and directed the Chief to provide literature concerning bullet proof vests. In connection with the crossing guards line item Mayor Bergmann suggested the Town maintain its 1985-86 appropriation at the 1984-85 level of $5,500. Any additional funding beyond $5,500 should be funded either by the PTA or the RUSD. Finance Director reviewed the streets and drainage department, noting that a 7% increase was proposed due primarily to an increase in the capital improvement program and a slight increase in the utility street lighting line item to cover the cost of street lights in the West Tiburon annexation area. TOWN COUNCIL MINUTES #695 1 JUNE 10, 1985 Supt. of Public Works Brunini addressed the Council on the anticipated cost of landscape maintenace for Tiburon Blvd. Council directed the Supt. of Public Works to seek bids for contractual services from landscape maintenance contractors. Finance Director Nadritch reviewed the Town Engineer's department noting that a 5% increase in the basic retainer is being recommended by the Town Manager. Nadritch then reviewed the Parks and Open Space department budget noting that a significant increase in McKegney Green irrigation costs is anticipated. Disucssion ensued amongst the Council concerning the exponential increase in costs to irrigate McKegney Green. Town Manager Kleinert stated that Richardson Bay Sanitary District has estimateQ it will cost $20:,000 - 25,QOO annually to provide reclaimed water to McKegney Green. Council directed the Town Manager to seek cost estimates from MMWD and arrange for a meeting of the Town's Lands & Development Committee and RBSD representatives. I. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Bergmann adjourned the meeting at 10:55 P.M., to Monday, June 17, 1985 at 7:30 PM in the Town Hall Conference Room for further consideration of the 1985-86 proposed budget. ~~Ut~. VALERIE W. BERGMANN MAYOR Town of Tiburon ATTEST: ~ TOWN COUNCIL MINUTES i695 2 JUNE 10, 1985 MINUTES CALL TO ORDER TOWN COUNCIL Mayor Bergmann called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 P.M., Wednesday, June 5, 1985, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESEN~': COUNCILMEMBERS: Spratling, Coxhead, Smith, Bergmann ABSENT: COUNCILMEMBERS: :Wilson EX-oFFICIO: Town Manager Kleinert, Planning Director Hanna, Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Finance Director Nadritch, Assistant Town Clerk Hennessy B. APPROVAL OF MINUTES Minutes #692, May 15, 1985 Page 6, 8th paragraph to read: "Councilman Wilson thought delaying the project would disrupt the contractor's schedule and may make the contractor's promised completion date non-binding. Delay would also create problems with school children and he thought the Town should proceed as soon as possible." 9th paragraph to read: "...early rain, there may be drainage problems. He also was concerned that the delay may result ip cost overruns,..." MOTION: Moved: Vote: To approve Minutes #692 as 'amended. Spratling, Seconded by Coxhead AYES: Unanimous ABSENT: Wilson Minutes #693, May 29, 1985 MOTION: Moved: Vote: To approve Minutes #693 as submitted. Spratling, Seconded by Coxhead AYES: Unanimous ABSENT: Wilson c. APPOINTMENTS TO OOMMISSIONS, BOARDS, OOMMITTEES Mayor Bergmann suggested appointing Michael Friedman, currently serving as Chairman of the Design Review Board, to the Town's Planning Commission. MOTION: Moved: Vote: To appoint Michael Friedman to the Planning Commission effective June 24 Smith, Seconded by Spratling AYES: Unanimous ABSENT': Wilson Council agreed to interview applicants at 7:00 P.M. on June 10 and June 17 prior to the Town's Budget hearings. D. OOMMISSION AND OOMMITTEE ORAL REPORTS There were none. TOWN COUNCIL MINUTES #694 June 5, 1985 Page 1 E. PUBLIC QUESTIONS AND COMMENTS VIA LOS ALTOS Frank DeBuren, 35 Via Los Altos, asked the Town to do a traffic study to reduce speed or erect signs to slow traffic because of the increased traffic on Via Los Altos since the construction of LaCresta. The Mayor referred the request to the Town's Traffic Safety Committee. DONAHUE BUILDING Mr. Ken Merklin, speaking on behalf of citizens of Tiburon, requested that the Council agendize discussion of moving the Donahue Building out of the Shoreline park. Councilman Spratling stated the Town had received a letter and petition from Mr. Merklin; the Council had previously held a public hearing on moving the Donahue Building where most comments were from opponents of such a move; there was no impediment to the Council hearing it again because the request to move the Donahue Building had been withdrawn before the Council took any action on it. Moved: Vote: Council set July 17 for public hearing on whether or not the Donahue Building should be moved and all Property Owners Associations be notified by letter of the hearing and to insure that everyone is informed of this hearing, the Town shall expend the money required to advertise this public hearing rather then depend on the legal noticing provisions. Spratling, Seconded by Smith AYES: Unanimous ABSENT: Wilson MOTION: STONE 'roWER Nat Marans presented Council with a letter of appreciation from Gene Marans for the funds expended by the Town for the restoration of the Stone Tower. F. CONSENT CALENDAR Item 1, Traffic Safety Report, was removed. Item 10, Capital Equipment Purchase, was added to the Consent Calendar. MOTION: To adopt the Consent Calendar consisting of the following items: 2. CLAIM AGAINST THE TOWN (Edward Hirsch, et al - Recommend Denial) 3. SPECIAL EVENT APPLICATION (1st Nationwide Savings Run - July 14, 1985) 4. NOTICE OF COMPLETION & ACCEPTANCE OF PROJECT (Juanita Lane Street Improvements - Resolution) 10. CAPITAL EQUIPMENT PURCHASE (Authorization To Purchase Town Hall Copy Machine) Moved: Vote: Spratling, Seconded by Cox head AYES: Unanimous ABSENT': Wilson G. PUBLIC HEARINGS & BUSINESS ITEMS 5. PERS CONTRACT AMENDMENT (Town Employees Retirement System, Ordinance, 2nd Reading) Council waived Staff report. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. TOWN COUNCIL MINUTES 1694 June 5, 1985 Page 2 MOTION: Moved: Vote: To read by title only. Smith, Seconded by Spratling AYES: Unanimous ABSENT: Wilson The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE TOWN COUNCIL OF THE TOWN OF TIBURON AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM. MOTION: Moved: Vote: To adopt tha aforementioned Ordinance No. 303 Spratling, Seconded by Smith AYES: Unanimous ABSENT: Wilson 1. TRAFFIC SAFETY REPORT (May 1985) Peninsula Run The Mayor expressed concern regarding 1,000 participants in the peninsula Run scheduled for July 14. The Chief of Police stated pre-registration of entrants was the key to control, and the Department had no problem with up to 1200 participants. The Mayor asked the Council to consider making a policy decision in the future regarding "runs" and other special events in relation to parking at Blackie's Pasture. Stop Sign A petition had been received requesting a Stop Sign at Stewart Drive and Redding Court. The Traffic Safety Committee recommended there be no stop sign, but painting and signing be used to reduce speed. Mr. David Gross stated the residents have petitioned for a stop sign at this intersection since 1974 and their request has again been denied by the Town's Traffic Safety Committee; they were upset and felt the Committee's reasoning was ludicrous; that their decision was based on warrants and precedents and he appealed to the Town Council to override the Traffic Safety Committee's recommendations. Ray Keefer, 189 Stewart Drive~ felt the intersection was dangerous. Victoria Fong, 182 Stewart Drive, agreed with the Traffic Safety Committee's recommendations and asked everyone to work together to solve the problem and try to find solutions. Council agreed to set a public hearing to discuss this item. MOTION: To accept the Traffic Safety Committee report with the exception of Item 3 which will be set for public_ hearing and Item 5 which is the subject of another public hearing. Moved: Spratling, Seconded by Smith Vote: AYES: Unanimous ABSENT: Wilson 6. GENERAL PLAN MODIFICATION (Circulation Element Greenwood Beach Road Closure - Resolution) The Planning Director reviewed the Staff report. The Mayor opened the public hearing. Nat Marans stated he felt closing this street set a bad precedent; that every road was needed; thought it was an excellent by-pass for Tiburon Boulevard; didn't think the Town should maintain a closed road. TOWN COUNCIL MINUTES #694 June 5, 1985 Page 3 Phil Richardson, Greenwood Beach Road, requested Council to proceed with the closure as unanimously recommended by the Planning Commission. Don Batten supported closure of Greenwood Beach Road. Grace Richardson, Greenwood Beach Road, stated they were led to believe this was not a public hearing regarding closure of Greenwood Beach Road or the residents would have been out in force, and requested information on noticing of the public hearing regarding closure of Greenwood Beach Road. The Planning Director stated the Town Attorney will advise Staff regarding the State prescribed procedure necessary. In response to Dorothy-Murphy, Silverado, the Mayor stated Greenwood Beach Road would-not become a private road. The Mayor closed the public hearing. Moved: Vote: To adopt Resolution of the Town Council of the Town of Tiburon Modifying the Circulation Element of the General Plan Spratling, Seconded by Coxhead AYES: Unanimous ABSENT: Wilson MOTION: 7 . STEWART DRIVE/TIBUBON BLVD. INTERSECTION IMPROVEMENTS (Authorization to Proceed) The Planning Director reviewed the Staff report and the Town Engineer's recommendations to improve the sight distance at the intersection of Tiburon Boulevard and Stewart Drive. The Planning Commission recommended Alternative I, which improved the sight distance, provided a bus stop, a right turn lane and a space for planting between retaining wall and fence of the corner property. Rich Buell, corner property owner, requested Alternate II which moved the bus stop towards downtown and thus eliminated the right hand turn lane. There was extensive discussion regarding combining Alternate I and II. The Town Engineer reviewed a progress report he had prepared regarding the Improvement Program for Tiburon Boulevard which was officially adopted by the Town Council after extensive studies and years of hearings as described in Ordinance No. 287 N.S. The Town Engineer emphasized that the proposed roadwork was in preparation for increased traffic on Tiburon Boulevard and the necessity to improve the sight distance at this intersection. He emphasized that the Town had requested CAL/TRANS to include this intersection and Trestle Glen and Greenwood Beach Road intersections as a system of lights when studying them for warrants. Unless CAL/TRANS grouped the three intersections, there was little possibility that a traffic signal would be installed at this intersection. Councilman Spra~ling thanked the Town Engineer for preparing the progress report.. The Town Manager explained that the Town Engineer was following policy set by previous Councils; the Town Engineer was taking advantage of available funding and trying to implement the priority list of improvements. The Town Manager stated he thought there was some misunderstanding that the Town Engineer was generating these proposed improvements. The Mayor opened the public hearing. TOWN COUNCIL MINUTES #694 June 5, 1985 Page 4 Larry Murphy, Stewart Drive, objected to creating a bus stop which would infringe on Rick Buell's home; suggested the bus stop be located further south, if it was at all necessary. Frank Shaw stated as President of the Homeowners Association he had circulated a petition and the response was that residents wanted a stop light at this intersection. Rick Buell, corner property owner, thought the issue was the plans as stated which did not include traffic signals; he thought a bus stop created a worse sight line; it only stopped there 3 or 4 times a day; thought the project was a waste of Town money; he requested that the Council chose Alternate II. Frank Shaw requested no decision be made until the warrants study is completed on June 12. Mrs. Murphy asked Council to consider pedestrian safety. Jane Pearson, Virginia Drive, didn't think a bus stop was necessary; if it was moved away from the corner towards her house, it'would add noise to her area. Frank Shaw suggested closing entrance to bike path in this area. The Mayor closed the public hearing. In response to the Mayor, the Town Engineer stated Golden Gate Transit would discontinue the bus stop if requested to do so by the Town, however, he urged Council to consider future use. The Town Engineer stated as a Traffic Engineer he had to recommend Alternative I. He also explained that the intersection had to be brought up to minimum standards of sight distances before traffic signals could be installed; that there were two separate issues being discussed. Councilman Spratling suggested the Council hold a public hearing on whether signals should be installed at Stewart Drive and whether Council wants to revise priority listing which has been previously set. The Town Engineer stated the proposed improvements would include conduit for traffic signals. Discussion ensued regarding traffic flow on Tiburon Boulevard; the need for a right hand turn lane onto Stewart Drive to keep traffic moving and avoid rear-end collisions; the danger created by the bus stopping in the middle of the intersection; the need to provide convenient bus stops to encourage public transpor- tation; the need to improve the sight distance; the need to satisfy the warrants in order to get signalization. MOTION: Moved: To endorse the motion approved by the Planning Commission that Alternative I be accepted as the design, the wall be as attractive as possible with extensive landscaping, wall design reviewed by Design Review Board. Coxhead Councilman Spratling stated he respected everything Councilman Coxhead had stated but he would like more time to consider the matter; Councilman Smith agreed. Motion failed for lack of a second. MOTION: Moved: To continue this item to a date to be set Smith, Seconded by Spratling The Mayor stated she wanted specific information from Golden Gate Transit regarding the use of the bus stop. TOWN COUNCIL MINUTES 1694 June 5, 1985 Page 5 Vote: AYES: Unanimous ABSENT: Wilson 8. PERINI PRECISE PLAN PHASE I - (Resolution) The Planning Director reviewed a lengthly Staff report. The final plan approved by the Planning Commission allowed 12 Lots in Phase I; agreed upon a 24' height limit, with certain exceptions; deleted Lot 8; maintained the fire road in current configuration and recommended northern fire road be eliminated; detail of drainage improvements deferred to the Council's Lands & Development Committee; in-lieu housing fees in the total amount of $110,252. The Planning Director explained the formula used to determine the in-lieu housing fees. Martha McCart, representing the developer, reviewed two sets of plans; the developer's proposal and the Panning Commission's recommended plan. The applicant requested 13 Lots and didn't believe elimination of Lot 8 was reasonable. In respone to the Mayor, Ms. McCart stated the view corridor between Lots 3 and 4 was 120' at the top and 300' at the bottom. Discussion ensued regarding calculation of these figures. The Mayor stated the Council had expressed strong concerns of visibility and requested the area be opened as a view corridor; she didn't feel the applicant made any attempt to address the problem. The Planning Director reviewed his sketch dated April 24 which recommended 11 Lots. The Mayor opened the public hearing. Don Batten, President of the Belveron Homeowners Association, thanked the Town Engineer for providing him with a copy of the drainage study; asked Council to eliminate an additional Lot along the lower section of the plan; thought the Council would be doing a disservice to Belveron if they didn't. Ron McLeod, Mercury Avenue, didn't believe the developer had provided a view corridor between Lots 3 and 4; objected that the Planning Commission spent their time considering the Reed Ranch Road section of the developer's plan and did not give consideration to the Belveron residents; Lot 8 would impact Belveron residents more than Reed Ranch Road residents. In response to Councilman Spratling, Mr. McLeod stated when looking at the overall area and open space problem, he would suggest elimination of Lot 4. The Mayor stated she thought part of Lot 5 was equally as visible. Margaret Kelly, 42 Mercury Avenue, supported the elimination of Lot 4; suggested homes be spread farther apart. Anne Lettrick, 26 Mercury Avenue, stated the residents had tried to present their opinions as a united group; Lot 3 heavily impacted her home; Lots 8, 1 and 3 were visible from her primary living quarters. The Mayor closed the public hearing. Councilman Smith stated he favored Staff's sketch of Belveron area which eliminated Lot 3 and moved Lot 4. Councilman Spratling agreed; he stated the developer had gone along with the letter of the requirement but not the spirit of the proposal; thought the developer's proposal of the open space corridor looked like a vacant lot rather than intention of open space; would like the developer to return with another proposal; didn't feel he had sufficient information and was not prepared to vote on elimination of Lot 8. TOWN COUNCIL MINUTES 1694 June 5, 1985 Page 6 Vice-Mayor Coxhead stated his calculations of the open space area created was 83'; thought the overall design review process would handle concerns of Belveron residents because many measures could be taken to minimize preceived impacts; thought Planning Commission plan was generally a good plan and generally acceptable; there was a need for one-half million dollars in drainage improvements and if the Town was asking the developer to contribute to those improvements, the developer has to make a profit and he didn't feel another lot should be eliminated. Mayor Bergmann stated she preferred Staff's conceptual drawing for the Belveron side ~f the development; also felt Lot 3 should be eliminated; felt very strongly that it was a sensitive visual area from Tiburon Boulevard as well as from Belveron; felt 5 Lots was the preferred number on the lower slope; would eliminate Lots 3 and 4 ~nd cut down on Lot 5 and reserved comment on Lot 8; concerned about 15' set-back on the hlll and whether the houses would be consistent with those across the street on Reed Ranch Road; she would reduce the height of the building envelopes. Vice-Mayor Coxhead suggested the houses along Reed Ranch Road should not be set exactly opposite the existing houses but be located in between; he was concerned about impacts on Mr. Shapero; suggested five lots approved by Planning Commission could be moved down towards Lot 8 and a view corridor provided for existing property owners on Reed Ranch Road. In response to Vice-Mayor Coxhead, Mr. Kleinert stated that he and his neighbor were concerned about the stacking of lots 12 and 13 because the lots were so large and extended so far back. Ms. McCart suggested the Lands & Development Committee meet with the developer and try to come up with a plan that is responsive to Council and residents' concerns. Councilman Smith asked Council to arrive at a density figur~. MOTION: Moved: The Belveron side of the development have 6 lots and Reed Ranch Road side have five lots. Smith Motion fails for lack of a second. Vice-Mayor Coxhead suggested a representative from Belveron Homeowners Association and Reed Ranch Road residents attend the Lands & Development Committee meeting and it was agreed they would do so as observers. Councilman Spratling stated he didn't second the motion because he needed to look at Lot 8 again, however, he agreed the Council should give developer comments. Councilman Spratling disagreed with Mayor Bergmann regarding elimination of extra lot on Belveron side; didn't think the building envelopes should be forced down onto Reed Ranch Road; the Design Review Board might want latitude to push the houses up the hill and there might be reasons for flexibility. Regarding number of lots on Belveron side, Councilman Spratling supported 6 units with an open space easement in the general dimensions as proposed by Staff; Councilman Smith supported 6 units; Vice-Mayor Coxhead supported 7 units and the Mayor supported 5; the concensus was 6 units with open space as proposed by Staff. Mr. Ross expressed his objections to the Council's reduction of density and thought the Council had a responsibility to make findings rather than respond to neighbors. Lands & Development Committee meeting set for Tuesday, June 11 at 7:30 A.M. in the Town Hall Conference Room. TOWN COUNCIL MINUTES #694 June 5, 1985 Page 7 Councilman Spratling left at 11:30 P.M. 9. RICHARDSON BAY SPECIAL AREA PLAN (Approve Joint Powers Agreement) The Planning Director reviewed the Staff report. Tiburon was being asked for a 10% pro-rate share of the total funding costs of the program. Carol Williams, Marin County, stated each year's budget would be set by the agency and there's the possibility of adjusting the percentage formula. The Mayor stated that with the Town's budgetary constraints she didn't want to commit the Town to a percentage that might get beyond the Town's control.: Ms. Williams stated the tentative budget would be refined as members deliberate as to what services they want to provide; service level would depend on funding. Moved: Vote: Tiburon approve participation in the Richardson Bay Special Area Plan Joint Powers Agreement and agree to contribute $10,000 or 10% of the annual budget, whichever is smaller. Smith, Seconded by Coxhead AYES: Unanimous ABSENT: Wilson MOTION: B. OOMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS a. Memo to Town Council from Staff Requesting Direction Regarding Tree Complaint at 1994 Centro The Planning Director stated the complainants were not willing to pay for a landscape replacement plan by a landscape archite~t. Council directed Staff to contact a couple of local nurseries for their suggestions and place the matter on the Design Review Board agenda. b. The Town Manager reported that the Golden Gate Bridge & Highway District would meet on Thursday, June 6, regarding ferry service from Larkspur to Angel Island. He would attend the meeting and convey Tiburon's support of the proposal. Vice-Mayor Coxhead to also attend. I. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Bergmann adjourned the meeting at 11:55 P.M., to Monday, June 10, 1985, 7:30 P.M., Town Hall Conference Room for 1985-86 Budget Review. ~~ VALERIE W. BERGMANN, MAYOR Town of Tiburon ATTEST: TOWN COUNCIL MINUTES 1694 June 5, 1985 Page 8 MINU'IES 'lO~ <DUNCIL CALL '10 ORDER Mayor Bergmann called the adjourned rooeting of the Town Council of the Town of Tiburon to order at 7: 40 P.M., Wednesday, May 29, 1985, in the Tam Hall Conference Roan, Tiburon, California. A. roLL CALL PRFSENl': OOUNClIMEMBERS: Spratling, Wilson, Coxhead, Bergmann ABSENT: CDUNCIJ.lvDMmRS: Smith EX-<>FFICIO: Town Manager Kleinert, Supt. of Public Works Brunini, Chief of Police Bailey, Finance Director Nadr itch B. PUBLIC HEARINGS & BUSINESS IT.EMS 1985-86 PRELIMINARY MUNICIPAL BtJIXEr The Town Manager briefly reviewed the Manager's budget message, highlights of the proposed 1985-86 expenditure plan and his observations concerning the spiraling costs of liability insurance, clatms administration and litigation. The Finance Director reviewed the consolidated revenue and expenditure schedules of the budget, noting certain revenues that increased significantly due to recent annexation. He then explained that the Town has several assessment districts that have exhausted district proceeds of bonds and oanpleted construction acti vi ty . Hatlever, the Town will continue to receive property tax disbursements fran the County in connection with debt servicing of these assessment districts. The Finance Director then reviewed the schedule of budget funds, briefly indicating the source of funds for operations, capital improvements and debt service. In response to Vice Mayor Coxhead, Staff explained that propert;y tax allocations for assessment district debt servicing were in addition to the normal property tax revenue the Town receives. In response to Councilman Spratling, the Town Manager stated he ~d discuss the proposed funding carmitment in regard to the Perini drainage obligations with the Town Engineer. The Finance Director sumnarized the proposed revenue sharing appropriations for the year. Mayor Bergmaml reccmnended Belvedere be considered in the Town's acquisition and future use of a financial data processor. The Finance Director then reviewed the Town' s schedule of eII1?loyee p:>sitions, noted that the Town will no longer assign a police officer to the Major Crimes Task Force, and indicated the AlICXtlance for Depreciation Schedule proposed to increase by $10,000. The Tam Manager discussed the future number of traffic signals which are either included in this year's proposed budget or scheduled for future installatioo along Tiburon Boulevard. Councilman SpratliR,;J requested that cq;>ies of Exhibit A, Estimate of Traffic Improvement Costs, as attached to Resolution No. 1113, A{proviR,;J the NW Pacific Tentative Map, and the Point Tiburon Develcptent Agreenent be forwarded to the Town Council in regard to the proposed traffic light installations. C. AnJOURNMENT BeiR,;J no further business of the Town Council of the Town of Tiburon, Mayor Bergmann adjourned the meeting at 9:25 P.M., sine die.~ ~ Town of Tiburon R. TOWN COUNCIL MINUTES 1693 May 29, 1985 Page 1 MINUTES mWN OOUNCIL CALL TO ORDER Mayor Bergmann called the regular meeting of the Town Council of the Town of Tiburon to order at 7:45 P.M., Wednesday, May 15, 1985, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann ABSENT: COUNCILMEMBERS: None EX-oFFICIO: Town Manager Kleinert, Planning Director Hanna, Deputy Town Engineer Strandgaard, Supt. of Public Works Brunini, Chief of Police Bailey, Finance Director Nadritch, Assistant Town Clerk Hennessy B. APPROVAL OF MINUTES Minutes .690, April 30, 1985 MOTION: Moved: Vote: To approve Minutes .690 as submitted Coxhead, Seconded by Smith AYES: Unanimous Minutes #691, May 1, 1985 Page 2, Item 6, second paragraph, change Lands & Development to Finance. / / Page 6, 3rd paragraph to read: "...set a date for a plan for the current emergency situation and a date..." Page 6, last paragraph, change 7-8" to 1%. MOTION: Moved: Vote: To approve Minutes .691 as amended. Smith, Seconded by Wilson AYES: Unanimous ABSTAIN: Spratling c. APPOINTMENTS TO OOMMISSIONS, BOARDS, OOMMITTEES There were none. D. OOMMISSION AND OOMMITTEE ORAL REPORTS mWN TREASURER' S STATUS REPORT Jeff Knight, Town Treasurer, and Finance Director Nadritch, presented Council with an investment report. " ~IBURON/BELVEDERE PARKING ADVISORY OOMMISSION Vice-Mayor Coxhead stated the newly created Parking Commission would hold its initial organizational meeting on May 30, at 7:30 P.M. TOWN COUNCIL MINUTES .692 May 15, 1985 Page 1 B. PUBLIC QUESTIONS AND COMMENTS 'rIBUBON BOULEVARD Steve Sears, President of Chamber of Commerce, thanked the Council for the repaving of Tiburon Boulevard. AVENIDA MIRAFLORES HOMEOWNERS Mrs. Kaplan, 167 Avenida Miraflores, presented Council with a petition requesting speed bumps and traffic signs to reduce speed on Avenida Miraflores. Council referred the matter to the Town's Traffic Safety Committee for consideration. F. OONSENT CALENDAR Item 13, Tiburon Ferry Service, was added to the Consent Calendar. MOTION: To approve the Consent Calendar consisting of the following items: 1. POLICE REPORT (April 1985) 2. REQUEST EXTENSION OF TENTATIVE SUBDIVISION MAP (Coles - 2309- 2311 Mar East) 3. 1985-86 MUNICIPAL TOWN BUDGET (Confirm Budget Hearing Dates) 4. GRANT APPLICATION - ROBERTI-Z'BERG (McKegney Green Rehabilitation - Resolution) 5. ACACIA COURT SUBDIVISION (Drainage Agreement Between Seafirth Property Owners and Developer) 13. TIBURON FERRY SERVICE (Support Proposed Fare Increase) Moved: Wilson, Seconded by Spratling Vote: AYES: Unanimous G. PUBLIC BEARINGS' BUSlRESS ITEMS 6. BUSINESS LICENSE FEES ORDINANCE MODIFICATIONS (Ordinance, 2nd Reading) Council waived the Staff report. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. MOTION: Moved: Vote: To read by title only. Spratling, Seconded by Wilson AYES: Unanimous The Mayor read AN ORDINANCE OF THE TOWN OF TIBURON AMENDING TITLE 11, CHAPTER 4, OF THE TIBURON MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAXES. MOTION: Moved: Vote: To adopt the aforementioned Ordinance No. 301. Spratling, Seconded by Smith AYES: Spratling, Wilson, Coxhead, Smith, Bergmann NOES: None 7 . BS'rABLISBING DELIVERY HOURS FOR TRUCKS ON MAIN STREET (Ordinance, 2nd Reading) The Council waived the Staff report. The Mayor opened the public hearing. Art Jones was opposed to the proposed ordinance. Steve Sears, President of the Chamber of Commerce, spoke on behalf of the smaller businesses who felt the traffic congestion caused by the big trucks discouraged locals from shopping on Main Street; he felt his purveyors would work with him and schedule their deliveries to accommodate the proposed requirements. TOWN COUNCIL MINUTES #692 May 15, 1985 Page 2 Don Batten, Chairman of the Downtown Parking Committee, stated they had supported limiting deliveries on Main Street and urged the Council to adopt the proposed ordinance. The Mayor closed the public hearing. Discussion ensued regarding the yellow and green zones and the inevitable congestion as long as passenger cars were allowed to park on Main Street. MOTION: Moved: Vote: To read by title only Wilson, Seconded by Spratling AYES: Unanimous The Mayor. read AN ORDINANCE OF THE- TOWN OF TIBURON AMENDING SECTION 2302 OF THE TIBURON TOWN CODE BY ADDING SECTIONS 23-2 (17) AND 23-2 (18) THERETO REGULAT.ING STOPPING OF COMMERCIAL DELIVERY VEHICLES ON MAIN STREET. MOTION: To adopt the aforementioned Ordinance No. 302 Moved: Wilson, Seconded by Spratling Vice Mayor Coxhead expressed his concerns that the proposed ordinance was unreasonable. The Chief of Police stated enforcement could be a problem but copies of the proposed ordinance were distributed to the merchants and the Town had not received a response. Vote: AYES: NOES: Spratling, Wilson, Smith, Bergmann Coxhead 8. PERS AMENDMENT (Ordinance, 1st Reading) The Finance Director reviewed the Staff report. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. \ MOTION: Moved: Vote: To read by title only Wilson, Seconded by Coxhead AYES: Unanimous The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE TOWN COUNCIL OF THE TOWN OF TIBURON AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM MOTION: Moved: Vote: To pass first reading of the aforementioned ordinance. Spratling, Seconded by Wilson AYES: Spratling, Wilson, Smith, Coxhead, Bergmann NOES: None 9. POINT TIBURON PROJECT (Consider Recommendations from Design Review Board Regarding Three Covered Garages) The Planning Director reviewed the Staff report. The Town Council had referred the appropriateness of three additional covered garage structures for the Point Tiburon project to the Design Review Board. The Board's decision was that they were inappropriate and could not be screened even if placed at different locations. The Mayor opened the public hearing. John Knorpp, Point Tiburon, stated part of their dilemma was the inconsistent rulings; the Board and Planning Commission had originally approved the proposal for nine covered garage structures; the Council had approved six and then the Board recommended denial of the remaining three. TOWN COUNCIL MINUTES 1692 May 15, 1985 Page 3 Don Batten felt due to the past performances of the developer, he thought the Town should let them have the covered garages. peder Pedersen, Design Review Board member, stated the Board was specifically concerned with sight lines along Mar West and looking toward Mt. Tam; the proposed amendment would eliminate the ability to lopk through the project toward Mt. Tam; improving the roof lines when there were so many already didn't seem to offer a solution. John Knorpp stated the view corridor was maintained to see the peak of Mt. Tam. Mr. Pedersen stated the difference would be between getting a wide gap or a glimpse of the mountain; the open feeling would be eliminated. Discussion ensued regarding the Board's previous approval and subsequent denial of the proposed garages. Hank Baker stated that all the garage roofs were reduced from 14'6" to 12' in an effort to reduce massiveness of the Project. The Mayor closed the public hearing. Vice-Mayor Coxhead reviewed the different criteria, i.e., Downtown Plan, S. P. Guidelines, proposals before Council at the time of the referendum, resolutions pertaining to the project and Master Plan text all of which refer to proper screening and he indicated he was in favor of garages in this location if given design approval by the Design Review Board. Councilman Smith stated seeing the project build out has convinced him additional garages will create a tunnel effect. Councilman Wilson also supported the Design Review Board's position. Councilman Spratling stated his reservations regarding these three garages has been confirmed as the project proceeds and thought there would be a tunnel effect which would be mQre injurious than the benefits gained by covered parking spaces. Mayor Bergmann stated she had opposed garages originally and would vote against them; liked the idea of being able to see through the Project. The Planning Director noted that Roberta Dorwood had sent a letter opposing the proposal. MOTION: To sustain the decision of the Design Review Board to disapprove the three proposed garage structures along Mar West. Moved: Spratling, Seconded by Wilson Vote: AYES: Spratling, Wilson, Smith, Bergmann NOES: Coxhead 10. LaCRESTA WATER TANK (Status of Landscape Improvements) The Planning Director reviewed the Staff report. The MMWD water tank had not been properly bermed and landscaped per the conditions of approval. The Council and Staff discussed landscaping, berrning and the need for a retaining wall. MOTION: Staff t6 compose a strong letter to MMWD, including the need for berming, and circulate it amongst Council for comments Moved: Smith, Seconded by Wilson Vote: AYES: Unanimous Staff was instructed to make sure the water tank for the Ring Mountain development is submerged. TOWN COUNCIL MINUTES #692 May 15, 1985 Page 4 11. MARSH RESTORATION PROGRAM (Consideration of TPC Request for Fall Commencement) The Town Manager reviewed the Staff report. TPC had requested the work be delayed until September, however, Ghilotti Bros. could not guarantee work could be completed by the rainy season if starting time was delayed until September. Councilman Spratling noted the Town had obligations to the developer to get this work done within a specific period of time. Lani Valentine, President of Tiburon Peninsula Club, reiterated the Club's concerns, and requested an expression of accommodation from the Town in regard to delaying the commencement of the project. The Deputy Town Engineer stated he had written to Ghilotti Bros. and requested a new construction schedule and they responded they wanted to start as soon after July 1 as possible or they couldn't guarantee completing the job before the rainy season. The contract allowed 90 working days to complete the job without penalty; if the project begins July 1, the contractor must complete it by November 3. In response to Barbara Mathew, Mr. Strandgaard explained that last year the work would have been done in phases. Councilman Coxhead stated he didn't believe the Club would have agreed to the dedication agreement if they thought the work would be performed during the summer months. The Town Manager suggested a compromise of August 1 as the starting date. Councilman Wilson thought delaying the project would disrup~ the contractor's schedule and may make the contractor's promised completion date non-binding. Delay would also create problems with school children and thought the Town should proceed as soon as possible. Hank Baker explained the Town had a fixed contract with Ghilotti Bros and their bid was substantially less than others received because they already had on-site supervision on the Point Tiburon job until September or October; any additional costs if the project is delayed would have to be borne by the Town. Mr. Baker also stated another consideration was if the storm drainage system was not completed and there's an early rain, there may be drainage problems. He also was concerned that the delay may result in cost overruns, and the Point Tiburon construction schedule called for the marsh units to be completed in late Fall; the contractor would have significant problems in getting the Project completed on time if hampered by situations caused by the Town. Ms. Mathew stated it was important to remember the Project was made possible by the good will and public gesture of the TPC and thought some consideration should be given to the Club's concerns. In response to Councilman Smith, the Deputy Town Engineer reviewed the restoration schedule, i.e., de-watering area, removing material and reforestation. Councilman Spratling stated the Town had a moral obligation to the developer because of the representation made to proceed as quickly as possible and also agreed with Councilman Coxhead's comments that during the negotiations with the TPC, the Club had not contemplated summer construction and he suggested a compromise that no actual construction begins before August 1 that involves noise or traffic, but water removal could begin July 15. TOWN COUNCIL MINUTES #692 May 15, 1985 Page 5 Councilman Wilson thought noise of pumps dewatering marsh would be a lot more detrimental to tennis lessons than equipment; would agree to no work off-site being allowed before August 1. Councilman Coxhead suggested dust was a main concern of the Club on the tennis courts and in their pool. The Superintendent of Public Works stated Ghilotti Bros. had electric pumps going 24 hours a day during construction of the 66' sewer line and there were no noise complaints; the project was dealing with mud, there would be no dust. Mayor Bergmann stated she was reluctant to do anything to disturb the contract with Ghilotti Bros.; didn't want to commit the Town to additional expense.. MOTION: That the actual construction on the project be delayed until August 1 without limitation on the contractor to do pumping and other non-noise generating, non- construction type activities before then; after August 1 when construction begins, all reasonable steps be taken to enhance the safety of children who use the Tiburon Peninsula Club in the summer months, such as on-site trucking as much as possible, crossing guards, etc., at the discretion of the Town Manager. Moved: Spratling, Seconded Smith Vote: AYES: Spratling, Coxhead, Smith, Bergmann NOES: Wilson 12. COMMUTER PARKING IN MAIN STREET LOT (Request by Main Street Properties to Discontinue Commuter Discount Parking) The Town Manager reviewed the Staff Report and his recommendation that commuter parking discussions be continued with Main Street Properties. The Town Manager also noted that cars are parkLng along Tiburon Boulevard from Beach Road to Mar West causing sight problems. Don Batten supported all day parking lots. The Superintendent of Public Works noted Main Street Properties had developed the entire area, including unauthorized space near Home Savings as part of their temporary use permit for the parking lot at Mar West; he suggested they provide free parking for commuters during the week when the lot is empty in exchange for the use of the lot on weekends when it is packed. The Mayor directed the Town Manager to set up a meeting with Mr. Zelinsky and the Public Services Committee to discuss the matter. 14. APPOINTMENT OF 'roWN ATTORNEY AND DEPUTY TOWN ATTORNEY (Resolutions) The Town Manager reviewed the Staff report. After almost twenty years of service to the City/Town of Tiburon, Robert I. Conn wished to reduce his workload and resign as Town Attorney effective July 1, 1985 and recommended Gary Ragghianti be considered to fill the Town Attorney position. Mr. Conn was willing to assum~ the role of Deputy Town Attorney. MOTION: To accept Robert I. Conn's resignation and appoint Gary Ragghianti as Town Attorney effective July 1, 1985 Moved: Spratling, Seconded by Wilson Vote: AYES: Unanimous MOTION: To appoint Robert I. Conn as Deputy Town Attorney effective July 1, 1985 Moved: Spratling, Seconded by Wilson Vote: AYES: Unanimous Council and Staff to organize a testimonial dinner for Mr. Conn in the Fall. TOWN COUNCIL MINUTES #692 May 15, 1985 Page 6 15. CAPITAL EXPENDITURE AUTHORIZATION TO OBTAIN TOWN BALL COpy MACHINE The Finance Director reviewed the Staff reports regarding two (2) options for purchase of a new Town Hall copy machine. The Council directed Staff to present a specific recommendation for their considerat~on. Item continued to next meeting. B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS a. Ltr. dated 4-29-85 from Supervisor Aramburu to the Town (So. Marin Transportation Issues Meeting) Mayor Bergmann will attend the meeting. b. Ltr.' from Town Engineer regarding discrepancies in rip-rap construction on Shoreline Park Council acknowledged the proposed modification to the Shoreline rip-rap as recommended by the Town Engineer. I. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Bergmann adjourned the meeting at 10:40 P.M., to WedneSday, May 29 at 7:30 in the Town Hall Conference Room for 1985-86 budget hearing. ~.~ Town of Tiburon TOWN COUNCIL MINUTES 1692 May 15, 1985 Page 7 MINUTES TOWN COUNCIL CALL ro ORDER Mayor Bergmann called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 P. M., WedneSday, May 1, 1985, in the Hilarita Community Room, Tiburon, California. A. ROLL-.CALL PRESENT: COUNCILMEMBERS: Wilson, Coxhead, Smith, Bergmann ABSENT: COUNCILMEMBERS: Spratling EX-OFFICIO: Town Manager Kleinert, Planning Director Hanna, Deputy Town Engineer Strandgaard, Supt. of Public Works Brunini, Chief of Police Bailey, Finance Director Nadritch, Assistant Town Clerk Hennessy B. APPROVAL OF MINUTES Minutes *689, April 17, 1985 MOTION: Moved: Vote: To approve Minutes *689 as submitted. Coxhead, Seconded by Smith AYES: Unanimous ABSENT: Spratling C. APPOINTMENTS TO OOMMISSIONS, BOARDS, OOMMITTEES Council reviewed and accepted the assignments prepared by Mayor Bergmann for the 1985-86 Town Council Committees. D. COMMISSION AND OOMMITTEE ORAL REPORTS There were none. E. PUBLIC QUESTIONS AND OOMMENTS Tom O'Neill, representing Board of Directors of the Chamber of Commerce, officially advised the Town Council they were planning a 4th of July celebration for the Town and hoped the Shoreline Park would be ready and available for the celebration which would take place in the park and have an acceptance of the park dedication ceremony at that time. Mr. O'Neill had contacted the Police Chief and Fire Chief; the Fire Chief had identified-areas of concern and it was felt these could be worked out satisfactorily. The Council and Staff expressed their support as long as it was understood the Town did not have money to contribute to the celebration. The celebration was being planned for the daytime ,and there were no plans at this time for a fireworks display. F. OONSENT CALENDAR Mayor Bergmann noted the Resolutions of Appreciation and the Town's gratitude to those members who had donated their service to the Town. MOTION: To approve the Consent Calendar consisting of the following items: TOWN COUNCIL MINUTES *691 May 1, 1985 Page 1 1. FINANCE REPORT (March 1985) 2. RESOLUTIONS OF APPRECIATION Louise Mirata Louise Teather James Malott William Davoren Robert Pringle 3. ACCEPTANCE OF MULTI-USE PATH, STAGE IV CONSTRUCTION (Notice of Completion - Resolution) 4. CLAIM AGAINST THE TOWN - Rose a. Grant Application for Late Filing ,b. Recommend Denial of Claim Moved: Smith, Seconded by Wilson Vote: AYES: Unanimous ABSENT: Spratling G. PUBLIC BEARINGS & BUSINESS ITEMS 5. COMMUNITY FACILITIES DISTRICT - 1985-1 (Point Tiburon - Ordinance, 2nd Reading) The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. MOTION: Moved: Vote: To read by title only Smith, Seconded by Coxhead AYES: Unanimous ABSENT: Spratling The Mayor read ORDINANCE NO. 300, AN ORDINANCE OF THE TOWN OF TIBURON LEVYING A SPECIAL TAX FOR THE PROPERTY YEAR 1985-86 MOTION: Moved: Vote: To adopt the aforementioned ordinance. Smith, Seconded by Wilson AYES: Wilson, Coxhead, Smith, Bergmann ABSENT: Spratling 6. BUSINESS LICENSE FEES ORDINANCE MODIFICATIONS (Ordinance, 1st Reading The Town Manager reviewed the Staff report. The current fee schedule was based on .0012 of gross receipts. The businesses most affected by the present gross receipts percentage fee because of their high volume, yet low profit margin, are the Town's supermarkets. Staff suggested a separate category for these supermarkets with an alternate fee schedule of either .0008 or .0006. The second recommended change in the Ordinance would be to change the due date of the business license fee from the fiscal year of July 1 to the calendar year of January 1. In response to Vice-Mayor Coxhead, Staff stated Bon Appetit had paid their fee, Cala was exempted till July 1 and The Boardwalk Market had written a letter of protest in August, and had been advised that their comments would be considered by the Council. The Finance ColllIt:littee had reviewed the current proposal and agreed a separate category be established, without making a recommendation on the specific amount. In response to Councilman Smith, the Town Manager stated the estimated revenues for business license fees for the year were on target. The Finance Director stated as of April 1, the Town had received approximately $69,000 out of an estimated $75,000. The Mayor opened the public hearing. Val Litton, The Boardwalk Market, stated he had contacted other juriSdictions in Marin County and the Town had the highest fee; the increase proposed for 1984-85 was 247% for his business; most of the other jurisidictions's fees were based on number of employees or a flat rate for supermarkets based on volume up to $1 million. He stated he felt the flat rate in 1983-84, even TOWN COUNCIL MINUTES #691 May 1, 1985 Page 2 though higher than other jurisdictions, was fair and equitable due to higher costs in recent years, but increasing the fee over 200% was more than they could handle. Councilman Smith stated the Financial Advisory Committee had done an extensive survey throughout California and felt although the fees would be high they were not out of bounds, and they recommended the across-the-board gross receipts proposal. He stated he hoped the Council would go along with some relief for this specific category and favored the .0008 alternative fee. Councilman Wilson agreed. The Town Manager also recommended .0008. There was discussion regarding the amount of money the Town would lose by decreasing the fee, the rebate to Bon Appetit and what the Boardwalk's new fee would be. Vice-Mayor Coxhead stated he thought the current fee was unreasonable and favored .0006 for the current year; .0008 for 1985-86. The Town Manager suggested making the new fee schedule retroactive to January 1, 1985. Mr. Litton stated his store contributed $9,000 in sales tax to the Town. Adopt a specific category for purposes of the business license tax for retail grocery stores; change the percentage formula from .0012 to .0008 of gross receipts and make this change retroactive to January 1, 1985; also change the due date for all business licenses from July 1 to January 1. Smith, Seconded by Wilson AYES: Wilson, Smith, Bergmann NOES: Coxhead ABSENT: Spratling To read by title only Smith, Seconded by Wilson AYES: Unanimous ABSENT: Spratling The Mayor read AN ORDINANCE OF THE TOWN OF TIBURON AMENDING TITLE II, CHAPTER 4, OF THE TIBURON MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAXES. MOTION: Moved: Vote: MOTION: Moved: Vote: MOTION: Moved: To pass first reading of the aforementioned ordinance. Wilson, Seconded by Smith Councilman Coxhead noted he was not in favor of the proposed fee, but was in favor of the changes in the ordinance. Vote: AYES: ABSENT: Wilson, Smith, Coxhead, Bergmann Spratling 7 . ESTABLISHING" DELIVERY HOURS FOR TRUCKS ON MAIN STREET (Ordinance, 1st Reading) The Town Manager reviewed the Staff report. The original request had come from the Chamber of Commerce due to congestion on Main Street. The Police Chief stated enforcement would be a problem and would place the Police Department in a negative position. In response to Councilman Smith, the Chief stated elimination of parking on Main Street has been discussed many times but has always been opposed by the merchants. Tom O'Neill stated he wasn't on the original committee that made this proposal but he believed the merchants agreed to its implementation, and he also agreed that the merchants didn't want to lose parking along Main Street. TOWN COUNCIL MINUTES #691 May 1, 1985 P ag e 3 The Police Chief stated that if Council passed first reading of this ordinance, he would circulate copies of it to all the businesses on Main Street in order that the vendors were aware of its possible passage and would have time to present their objections. The Mayor closed the public hearing. After further discussion, Council agreed to amend the ordinance to reflect the limitation on delivery hours between 11:30 A.M. and 3:00 P.M. and the Chief of Police would work with the Town Attorney regarding specific: language in Section 12.8. To read by title only. Smith, Seconded by Wilson AYES: Unanimous ABSENT: Spratling The Mayor read AN ORDINANCE OF THE TOWN OF TIBURON AMENDING SECTION 23-2 OF THE TIBURON TOWN CODE BY ADDING SECTIONS 23-2 (17) AND 23-2 (18) THERETO REGULATING STOPPING OF COMMERCIAL DELIVERY VEHICLES ON MAIN STREET. MOTION: Moved: Vote: MOTION: To pass first reading of the aforementioned ordinance as amended. Moved: Smith, Seconded by Wilson Vote: AYES: Wilson, Coxhead, Smith, Bergmann ABSENT: Spratling 8. TRAFFIC SAFETY REPORT (April 1985) Chief Bailey reviewed the Taffic Safety Committee minutes of.. April 10, 1985 which considered a letter from Reed Union School District and specific concerns as they related to pedestrian safety improvements on Tiburon Boulevard and other areas. 1. Tiburon Blvd./Trestle Glen Intersection - Recommended a meeting be set up with Town Staff and CAL/TRANS in order to establish a double signalization project, both at Trestle Glen and Greenwood Beach Road, with pedestrian crossing at Greenwood Beach Road. The Mayor also suggested that no right hand turn on red be permitted leaving Greenwood Beach Road if signals are placed at that intersection. The Traffic Safety Committee also suggested "Prepare to Stop" signs be installed for coverage of both intersections, and a pedestrian crossing signal would activate both sets of signals. Council discussed this recommendation, agreed that a meeting should be set up with CAL/TRANS as soon as possible, but emphasized the necessity that the signalization of Trestle Glen not be delayed. The Mayor stated that she and Councilman Wilson as members of the Public Safety Committee would meet with CAL/TRANS. Barbara Mathew, President of RUSD Board of Directors, stated they had suggested in the past and asked for guidance regarding seeking support from Senator Marks and Assemblyman Filante in accelerating theCAL/TRANS project. The Mayor suggested the School District ~~oceed with their letters. 2. Tiburon Boulevard/Avenida Miraflores - Traffic Safety Committee recommended the intersection be reevaluated in total for consideration of design changes and upgrading the signalization to allow for installation of green arrows for left hand turn pockets. In response to the Mayor, the Police Chief stated they were continuing their education of bicycle safety in the schools. 3. Greenwood Beach Road Bicycle Path installation - The Committee felt the estimated cost of $500,000 was prohibitive and it was agreed it was necessary to continue educating the bicyclists. Ms. Mathew stated she would continue to pursue County funding for a bicycle path and explore the possibility of TOWN COUNCIL MINUTES i691 May 1, 1985 Page 4 using private property. The Mayor emphasized that the Town was not in a position to assist with any funding of a bicycle path. 4. Tiburon Boulevard/Blackfield Drive - Committee recommended that the Council authorize the Public Works department to install signs indicating route vehicles should take to Bel Aire School in an attempt to have traffic flow in a circular movement; Cecilia Way to Leland to Karen and back out to Blackfield Drive. Council so authorized. Mrs. Mathew expressed the appreciation to the Town for their cooperation in helping to b~gin to tesolve positions of community concern; they were encouraged by this cooperation and hoped it is only the beginning of working together and bringing resolution to a number of things of concern to all. 9. GREENWOOD BEACH ROAD PEDESTRIAN CROSSING (Report Concerning Volunteer Crossing Guard Program) The Finance Director reviewed the Staff report. Staff explored the possibility of a volunteer crossing guard program after this suggestion had been made at a previous Council meeting. CAL/TRANS would give permission, provided the guards were properly trained by the Tiburon Police Department; the Town's risk management consultants stated it would result in significant increased liability insurance exposure to the Town and the Traffic Safety Committee opposed the program because of its fear of placing lay people in a dangerous traffic situation and the training of volunteers would exceed the capability of the Tiburon Police Department. In response to the Council, the Chief stated the Police writ~ approximately 45 tickets a month for cars passing stopped vehicles at the crosswalk and passing on the right, but it doesn't deter them; didn't feel comfortable putting a lay person into a dangerous intersection. Mr. Calvin Zippin, 4 Warren Court, who originally proposed this program, understood the objections of using volunteers; thought the danger remained and suggested a professional be hired as a crossing guard on Saturday and Sunday between the hours of 11 A.M. and 6 P.M. Mrs. Mathew, on behalf of the RUSD, stated they were opposed to a volunteer crossing guard program; the responsibility of a trained professional was greater than a volunteer. Vice-Mayor Coxhead suggested the item be tabled to allow further study of the issue since he was reluctant to dismiss a volunteer effort. After further discussion by the Council, the Mayor directed Staff to continue to explore the use of professional assistance at this intersection and means of funding such a program until the traffic signals are installed. 10. ~IBURON/BELygDERE PARKING OOMMITTEE (Establish Committee's Charter) The Town Manager reviewed the Staff report which outlined a draft charter for the Tiburon/Belvedere Parking Committee. Council accepted the recommendations with the following changes: 1. The membership include a representative from the Chamber of Commerce. 2. The name be changed to: Tiburon/Belvedere Parking Advisory Commission. TOWN COUNCIL MINUTES 4691 May 1, 1985 Page 5 3. Section III, Item 3, read: Consider appropriate parking areas for long term and short term users, including other areas not in the downtown area from which shuttle service might be provided. 4. Section III, Item 7, be changed to read: Receive and respond to parking concerns and suggestions from the residential and business communities. Councilman Smith suggested the Commission hold an initial meeting and set a date for a plan for the current emergency situation and a date for a final parking:plan. MOTION: To approve Structure, Purpose, Goals & Objectives of the draft Charter for the Tiburon/Belvedere Parking Advisory Commission as amended, and the Commission should advise Council if they wanted any additional changes to the Charter. Moved: Coxhead, Seconded by Smith Vote: AYES: Unanimous ABSENT: Spratling 11. TIBURON BOULEVARD/SAN RAFAEL AVENUE INTERSECTION TRAFFIC SIGNALS (Approve Cooperative Agreement with CAL/TRANS) The Town Manager reviewed the Staff report. The Town Engineer would verify that funds were available from the Urban Thoroughfare Funds and a written confirmation received from the City of Belvedere that they would cover the cost of any maintenance required of these signals before the Agreement was executed. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. MOTION: The Council authorize the Mayor to execute the Agreement subject to conditions outlined by the Town Manager. Moved: Coxhead, Seconded by Wilson Vote: AYES: Unanimous ABSENT: Spratling 12. TOWN BALL SPACE UTILIZATION STUDY (Authorize Retaining Consultant to Evaluate Town Hall Facilities) The Town Manager reviewed the Staff report. Council agreed the Town Hall space was inefficient and needed reorganization. MOTION: To authorize expenditure of $3,000 to hire an architect to provide organizational recommendations for the current Town Hall office space. Moved: Smith, Seconded by Coxhead Vote: AYES: Unanimous ABSENT: Spratling B. OOMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS JOGGING PATH RE~AIRS PROJECT (Oral Status Report by Town Eng ineer) The Deputy Town Engineer stated the repairs were a compromise situation and he was not happy with the results. The Superintendent of Public Works stated they used a combination of samples in order to reduce the fly ash which scattered on the bike path; the bike path had a 1% grade; the path required continuous maintenance; he hoped to get additional time for his crew to work on the path and improve certain areas. He noted most jogging paths do not have bicyclists and horses running over it creating crevices. TOWN COUNCIL MINUTES 1691 May 1, 1985 Page 6 TIBURON PENINSULA CLUB REQUEST (Delay Marsh Restoration Project until September) The Town Manager reviewed the history of the Marsh Restoration program and the limitations of the Army Corps of Engineers permit that no work could be done between April and June 30. Current schedule is for work to commence on July 1. The Tiburon Peninsula Club formally requested the work be delayed until school begins in September to avoid dust, noise and traffic problems for the Club members during the tournament playing season. Th~re was discussion amongst Mrs. Mathew, Staff and Council regarding the necessity to complete the project, whether the clay being removed would be used on-site thus there would be no traffic problems; perhaps material could be stock-piled; fencing could be used along Mar West. The Deputy Town Engineer stated he would request a construction schedule from Innsifree and the Town Manager would agendize this item for further consideration by Council. PERINI PBOJECT Mr. Rod McCloud, Mercury Avenue, expressed concern that the guidelines established at the last Council meeting regarding the Perini Project were not being addressed by the Planning Commission. Council and Staff explained that the Planning Commission was an advisory body; the Council could make recommendations for them to consider, however, they were a separate entity and could exercise their own judgement regarding their recommendations to the Council. However, Council _ emphasized that the Planning Commission's decisions were advisory only and the final decision regarding any development was the responsibility of the Town Counci. IIlUSING SUBCOMMITTEE Council agreed with the Planning Director's recommendation and suggested he contact Helen Benedict to determine if she could also serve. RATIFICATION OF l<<)N-MANAGEMENT EMPLOYEES' SALARY & FRINGE BENEFIT PROGRAM - 1984-85 & 1985-86 The Town Manager expressed appreciation to Deputy County Administrator Tom Campanella for his assistance during the negotiations with MAPE. The Town Manager indicated that tentative agreement had been achieved between the Town and the Town's non-management employees represented by MAPE and he requested the Council's ratification of the following terms and conditions: 1. A 3% across-the-board salary adjustment to all members of the bargaining unit effective July 1, 1985. 2. Up-dated performance evaluations for all members of the bargaining unit in July for the purpose of possible merit salary adjustments. This merit adjustment would be in addition to the across-the-board increase. 3. An equity adjustment of 5% to the incumbent's salary and the salary range of the Maintenance Worker I and Secretary positions effective May 1, 1985. 4. Any fringe benefit program residual (based upon $175 per month) to be disbursed on a monthly basis rather than annually to eligible employees. 5. The Associate Planner position is deleted from representation by the bargaining unit. TOWN COUNCIL MINUTES #691 May 1, 1985 Page 7 6. Past performance evaluation obligations in regard to possible salary adjustments for P. Gibney (Secretary), Mark Sabella (Maintenance Worker I) and D. Spiegler (Building Official) which were frozen because of the negotiations would now be fulfilled by the Town. 7. All future employees of the bargaining unit will be subject to a performance evaluation and change in employee status from probationary to permanent at the end of 6-months of employment. However, no adjustments in compensation will be considered at that time. Compensation adjustments will be made July 1 of each year. 8. The Town will prepare and submit to MAPE a draft Memorandum of Understanding between October and December 1985. This MOU will expire on July 1, 1986. MOTION: Moved Vote: To ratify the proposed agreement with MAPE. Coxhead, Seconded by Wilson AYES: Unanimous ABSENT: Spratling J. ADJOURNMENT Mayor Bergmann adjourned the Town Council of the Town of Tiburon, meeting at 11:00 P.M., to Saturday, May 5, 1985 for a Staff /Council Workshop session to be held at 9:30 A.M. at Phoenix Lake. ~~ VALERIE W. BERGMANN, YOR- Town of Tiburon TOWN COUNCIL MINUTES #691 May 1, 1985 Page 8 MINUTES TOWN COUNCIL SPECIAL MEETING CALL TO ORDER Mayor Bergmann called the special meeting of the Town Council of the Town of Tiburon to order at 5:05 P. M., Tuesday, April 30, 1985, in the Town Manager's Office, Tiburon Town Hall, Tiburon, Californi.a. A. ROLL. CALL PRESENT: OOUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith Bergmann ABSENT: COUNCILMEMBERS: None EX-OFFICIO: Town Manager Kleinert B. PUBLIC HEARINGS & BUSINESS ITEMS 1. GRANT APPLICATION - I()BERTI-Z 'BERG OPEN SPACE AND RECREATION PROGRAM MOTION: To adopt Resolution No. 2303, A Resolution of the Town Council of the Town of Tiburon Approving the Application for Grant Funds Under the Roberti-Z'Berg Urban Open Space and Recreation Program for Routine Maintenance of McKegney Green Moved: Spratling, Seconded by Smith Vote: AYES: Unanimous C. ADJOURNMENT The special meeting of the Town Council of the Town of Tiburon, was adjourned at 5:10 P.M. to Closed Session. D. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Bergmann adjourned the Closed Session at 7:20 P.M., sine die. ~~.-.~ VALERIE W. BERGMAN , MAYOR Town of Tiburon ATTEST: TOWN COUNCIL MINUTES #690 April 30, 1985 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 7:40 P. M., Wednesday, April 17, 1985, in the Hilarita Community Room, Tiburon, California. A. BOLL.CALL PRESENT: OOUNCILMEMBERS: Spratling, Bergmann, Coxhead, Smith ABSENT: COUNCILMEMBERS: Wilson EX-OFFICIO: Town Manager Kleinert, Planning Director Hanna, Deputy Town Attorney Ragghianti, Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Finance Director Nadritch, Assistant Town Clerk Hennessy B. APPROVAL OF MINUTES Minutes 1688, April 3, 1985 Page 3, 5th paragraph, $6.5 was changed to $6.1; 6th paragraph was changed to read: Councilman Spratling stated that the conditions (including the definition of project completion) ,for passing through the tax increment revenues to the project had not been finalized and remained to be worked out in the Owner/Participation Agreement; there are two separate "completions", (1) completion of the public improvements as a condition to releasing the bond proceeds to the developer and (2) completion of the project at which time the Town releases the tax increment revenues. Page 5, 8th paragraph was changed to read: The Council agreed they would consider a reduction in the 20' overlook height restriction if an appropriate design warranted such consideration. Page 7, top line, changed from "The Council" to "Councilman Spratling". MOTION: Moved: Vote: To approve Minutes 1688 as amended. Spratling, Seconded by Bergmann AYES: Unanimous ABSENT: Wilson c. APPOINTMENTS TO COMMISSIONS, BOARDS, OOMMITTEES There were none." D. COMMISSION AND COMMITTEE ORAL REPORTS NEW TOWN BALL STEERING OOMMITTEE Mayor Smith reported the Steering Committee had met and appointed Councilman Spratling as Chairman of the Site Selection Committee and Kirk Hanson as Chairman of the Financial Committee. A Design Committee, Chaired by Mayor Smith, would be organized after the two previously mentioned committees had completed their reports. TOWN COUNCIL MINUTES #689 April 17, 1985 Page 1 BLACKIE'S PASTURE The Planning Director reviewed the findings of the Council's Ad Hoc Committee on Blackie's Pasture. The Committee assumed that Greenwood Beach Road would be permanently closed as a result of the Council's action to proceed with this closure. The Committee's recommendations were based on Plan A: 150 parking spaces, 50 striped and paved asphalt and 100 spaces of turf block; in addition there would be an unimproved area to accommodate overflow parking; they agreed some parking should be located in the triangle section; thought a 4-way intersection at Trestle G~en was inappropriate and.recommended that the existing trestle not be removed but be reshaped. Chief Bailey stated that limited parking would preclude special events. The Planning Director stated the recommended plan could accommodate 300 cars. Mayor Smith responded that the Committee wanted to assure sufficient parking, but not attract the whole Bay area; if the suggested parking could not accommodate a specific special event, then the Town won't hold it. Chief Bailey stated he was seeking guidance; the Parks & Recreation Committee was considering a run which would attact 1,000 participants. Superintendent of Public Works Brunini reiterated his concern for the maintenance and expense of turf block. Councilman Spratling encouraged the Council to give charge to the Tiburon/Belvedere Parking Committee to look at a controlled parking plan in the neighboring community because of their concern; suggested the Committee consider restricted parking in these neighborhoods. E. ELECTION OF MAYOR & VICE MAYOR Mayor Smith thanked Carol Ann and Dennis Rockey who had urged him to run for office; his wife for her patience and indulgence over the past year. Mayor Smith reviewed the accomplishments, joys and disappointments during his tenure in office, i.e., 20th Anniversary celebrations; Point Tiburon development; Downtown Tiburon Boulevard Improvements; establishment of the Business Community Liaison Committee and the Parking Committee; controvery surrounding the "carriage boys"; continuation of ferry service; establishment of Tiburon/Belvedere Mayors Breakfast meetings; the annexation of the Bel Aire area; approval of the Master Plan for the Perini Development; the Marsh Restoration program; hired consultant to help Town with low/moderate income housing; establishment of the New Town Hall Steering Committee and the beginning of the hearing process for Blackie's Pasture Precise Plan. Mayor Smith stated the Town was in good financial condition; the small Town atmosphere had been preserved and the natural beauty was intact. He thought the biggest challenge of the next year was to guide the build-out to preserve the Town's ambience. He thanked the Town Staff who he felt were competent and genuinely caring and the volunteers who continued to serve local government. Mayor Smith thanked everyone for the privilege of being Mayor of his hometown. Town Clerk Kleinert served as Chairman Pro-Tempore and accepted nominations for Mayor. MOTION: Moved: Vote: To appoint Valerie Bergmann as Mayor Smith, Seconded by Spratling AYES: Unanimous ABSENT: Wilson Mayor Bergmann thanked everyone for their support and asked that residents advise the Council of their concerns. The Mayor accepted nominations for office of Vice-Mayor. TOWN COUNCIL MINUTES #689 April 17, 1985 Page 2 MOTION: Moved: Vote: To appoint Stone Coxhead as Vice-Mayor Spratling, Seconded by Smith AYES: Unanimous ABSENT: Wilson F. PUBLIC QUESTIONS AND OOMMENTS JUNO ROAD Don Batten, President of Bel Aire Homeowners Association, asked Council to consider speed bumps along Juno Road to reduce excessive speed. The Mayor asked the Traffic Safety Committee to review his concerns. CHAMBER OF roMMERCE Steve Sears, President of Chamber of Commerce, requested that repaving of Tiburon Boulevard be delayed; expressed concern regarding lack of communication between the Council and the Chamber. The Town Manager responded that the work needed to be corrected in good weather; the intersection of Tiburon Boulevard and Main Street was not paved and opened the Town to liability problems; the Town had obligations to the bonding company to proceed with the work; the contract had already been awarded. Tom O'Neill, Hearts & Flowers, expressed his disappointment as a member of the Board of Directors of the Chamber on the lack of communication. Mr. Treiber recommended that two members of the Council and two members of the business community meet to monitor this project. The Town Engineer reviewed the three areas of the contract: (1) corrections to the concrete crossings, curb and gutters, (2) removal of 1 1/2" of blacktop and (3) repaving. The first phase would begin April 22, removal of blacktop would begin April 29 and repaving would commence May 6. The brickwork repairs was a separate contract, and would not effect traffic circulation. CDNGRATULATIONS FROM SAUSALITO Sausalito Councilman Leon Huntting conveyed his congratulations to the new Mayor and Vice-Mayor and urged members of the community to support their Council citing their exceptional ability. VIAroM Valerie Castellana, General Manager of Viacom, asked the Council if they had any questions in response to a letter regarding_ federal deregulations of cable fees. Mayor Bergmann stated it would be inappropriate for the Council to respond until negotiations with the County were completed. POINT TIBURON PBaJECT Councilman Spratling stated State Savings & Loan of Salt Lake City had been declared insolvent; they had been the primary lender and guarantor of letters of credit for the Point Tiburon development; expressed his confidence in the FSLIC procedures; directed Staff to require Innisfree to substitute new letters of credit by the new primary lender and that the substituted letters be a condition to the Town entering into any final negotiations for the Owner/Participation Agreement, but not in any way delay the establishment of the Community Facilities District or issuance of bonds. TOWN COUNCIL MINUTES #689 April 17, 1985 Page 3 G. CONSENT CALENDAR Mayor Bergmann noted Item 4, Installation of Memorial Plaque at Water Fountain, was in memory of Laurie Meislin and accompanying this memorial was a gift of $500 to be used for play equipment. MOTION: To approve the Consent Calendar consisting of the following items: 1. POLICE REPORT (Ma~ch 1985) 2. CAL/TRANS (Amendment tn Agreement - Signalization at Trestle Glen - Resolution) 3. ALLOCATION OF COSTS FOR LAND SLIDE REPAIRS ON OPEN SPACE AREAS (Authorize Town Expenditure from Open Space Fund) 4. MULTI-USE PATH (Installation of Memorial Plaque at Water Fountain) 5. DEDICATION OF TOWN PROPERTY TO CAL/TRANS (Bus Stop Area in Vicinity of Gilmartin Drive and Tiburon Boulevard) Moved: Smith, Seconded by Spratling Vote: AYES: Unanimous ABSENT: Wilson B. PUBLIC BEARINGS & BUSINESS ITEMS 6. COMMUNITY FACILITIES DISTRICT No. 1985-1 (Point Tiburon) The Town Manager reviewed the Staff report and stated as Town Clerk he had accepted Filing of the Canvass of Votes Cast in the Special District Election. David Irmer, President of The Innisfree Companies, stated he is in daily contact with FSLIC officials who had taken over management of State Savings & Loan and was confident the new arrangements would be to everyone's benefit. Dan Bort, Bond Counsel, reviewed the proposed Resolutions and Ordinance. The Mayor opened the public hearing. MOTION: Moved: Vote: To adopt Resolution Amending Call of Election Spratling, Seconded by Smith AYES: Unanimous ABSENT: Wilson MOTION: To adopt Resolution Declaring Results of Special District Mailed Ballot Election Moved: Smith, Seconded by Spratling Vote: AYES: Unanimous ABSENT: Wilson MOTION: Moved: Vote: MOTION: Moved: Vote: To adopt Resolution Authorizing Private Sale of Bonds Spratling, Seconded by Smith AYES: Unanimous ABSENT: Wilson To read ordinance by title only. Smith, Seconded by Cox head AYES: Unanimous ABSENT: Wilson The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON LEVYING A SPECIAL TAX FOR THE PROPERTY TAX YEAR 1985-84. MOTION: Moved: Vote: To pass first reading of the aforementioned ordinance. Spratling, Seconded by Smith AYES: Spratling, Smith, Coxhead, Bergmann ABSENT: Wilson TOWN COUNCIL MINUTES 1689 April 17, 1985 Page 4 MOTION: Moved: Vote: To adopt Resolution Authorizing Validation Action Smith, Seconded by Spratling AYES: Unanimous ABSENT: Wilson 7. OOLDBERG MASTER PLAN (Ordinance, 2nd Reading) The Council waived the Staff report. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. Councilman Spratling suggested condition i3 be changed to read: The Master Plan is approved providing for a range of 7 to 8 lots, the precise number of lots to be decided... Council and applicant agreed to change. MOTION: Moved: Vote: To read by title only. Spratling, Seconded by Smith AYES: Unanimous ABSENT: Wilson The Mayor read ORDINANCE NO. 299, AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE GOLDBERG MASTER PLAN. MOTION: To adopt Ordinance No. 299, AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE GOLDBERG MASTER PLAN Moved: Smith, Seconded by Spratling Vote: AYES: Spratling, Smith, Coxhead, Bergmann ABSENT: Wilson 8. VISTA TIBURON MASTER PLAN EIR (Certification of Final EIR) The Planning Director reviewed the Staff report. Letters received from Frank DeBuren and Karen Nygren will be included in the Final EIR. The Planning Commission agrees that both noise impact and soils/geologic instability warrant further attention, however, recommend that that these issues be addressed at the Master Plan stage and recommend certification of the final EIR. The Mayor opened the public hearing. Jim Martin, Environmental Collaborative, stated as a result of the lengthly discussion at the Planning Commission meeting regarding noise impacts, they had made additional noise readings which indicated their original conclusions stated in the report are correct and further detailed noise analysis is unwarranted. MOTION: Moved: Vote: To certify the final EIR for Vista Tiburon Smith, Seconded by Spratling AYES: Unanimous ABSENT: Wilson ", 9 . PBOPOSED INSTALLATION OF BLOW BOLE NEAR OONABUE BUILDING (InterArts of Marin) The Finance Director reviewed the Staff report. The Fine Arts Commission had unanimously recommended the project be approved by the Town Council. The artist proposed to create an artificial blow hole to be installed along Shoreline Park for a one-year trial basis. The Mayor opened the public hearing. Diane Buettas, Fine Arts Commission, stated they discussed different facets of this project and reviewed slides of the artist's previous work. TOWN COUNCIL MINUTES i689 April 17, 1985 Page 5 Roger Berry, artist, stated a boxlike structure would be placed against the seawall and would not be visible during high tide; he would create a structure which would emphasize the effect of the waves. Discussion ensued regarding the proposed location and it was established that neither the developer of Point Tiburon, who must give approval, nor the architect of the Shoreline Park, nor the Superintendent of Public Works had been consulted regarding this project. BCDC had not been contacted and would have jurisdiction. The Superintendent of Public Works stated the salt water spray would ruin the landscape of the Shoreline Park. Nat Marans questioned having a blowhole in an area of general public use. Mr. Berry withdrew his application. Councilman Spralting noted that the Fine Arts Commission is charged with considering artistic merits of a project, but the Council must take into consideration the Master Plan of the Shoreline Park, public safety and the landscaping maintenance. 10. APPEAL DESIGN REVIEW BOARD DECISION (1994 Centro West - Tree Complaint) The Planning Director reviewed the lengthly Staff report. The tree complaint involved 23 eucalyptus trees located at 1994 Centro West which the complaintants considered hazardous and which blocked their views. The Design Review Board had recommended: (1) 11 trees be removed, (2) 7 trees be trimmed to restore views and (3) the tree owner pay 100% of cost of removing the five unsafe trees; 50% of the cost of removing the remaining 6 trees and 50% of the cost of trimming the remaining trees. This compromise solution was unsatisfactory to all parties. The tree owner feels removal of all but 7 trees will diminish his enjoyment of the property and he objects to cost ratio. Staff recommends: (1) removal of all 18 trees along Reserva Lane, (2) replant these trees with a low-growing species that will still protect the owner's privacy and (3) cost of removal of unsafe trees borne by property owner; cost of removal of remaining 13 trees which create view blockage be borne by complaintants; cost of replanting be borne by complaintants and maintenance be borne by property owner. The Mayor opened the public hearing. Bruce Marcus, 2000 Centro East, agreed with the Staff's recommendation but not the allocation of costs; it was not clear that the views were blocked when the complaintants bought the property, asked.,that 100% of costs be assessed to the owner; asked for an estimate of replanting the 18 trees before a decision is made regarding allocation of costs. Lillianna Liu, 250 Divisio, stated about 30 residents' views are blocked by these trees; there had been no response for years from the owner regarding trimming the trees and asked that the expense for removing the trees be borne by property owner. Mr. Heinz Janders, 250 Division, nine year resident stated he didn't think complaintants should pay for Dr. Nathan's 10 years of non-maintenance of the trees. TOWN COUNCIL MINUTES i689 April 17, 1985 Page 6 Attorney for Dr. Nathan stated three teams of people had reached the conclusion that five trees needed to be removed; there was a grove of trees which he agreed to do some work, but felt removal would be a tremendous loss and would decrease his property value; Dr. Nathan felt if the trees were to be removed, he should be compensated by the complaintants and he had an estimate from a tree specialist that replacement would cost approximately $500 per tree for a total of $9,000; Dr. Nathan proposed to trim trees to provide a filtered view. Dr. Nathan stated he proposed replacement trees in a 42" box. Dr. Palumbinskas, 200 Divi~o, showed Council pictures he had taken from his property over the years which established his previous view; he had borne the cost of cutting down 11 or 12 eucalyptus trees which did not effect his view, but that of his neighbors; the subject trees obstructed his view and should be removed. Joe Entriken, Entriken Tree Service, stated the five trees to be removed were not diseased, but crowded; felt it was okay to trim and shape remaining trees; complaintants can't lose a view they never had; these trees are 50 years old. Michael Bennett, representing LCOTPOA, stated they felt the trees should be removed; if trimmed they will present a long and on- going problem of maintenance. He reviewed the Tree Ordinance which addresses hazard, sun blockage and view blockage. They did not agree with Staff's recommendation regarding cost allocation; cited Moitoza Lane file which allocated 75% of cost to the property owner and 25% cost to the complaintants for view blockage. The Mayor closed the public hearing. In response to Vice-Mayor Coxhead, Dr. Nathan stated he had not received an appraisal that stated his property would be diminished if the trees were removed; it was his personal preference that the trees were the most important feature of the property when he bought the property. There was discussion as to whether Dr. Nathan had permission to trim trees located in an easement owned by Mrs. Brady until 1 1/2 years ago. Vice-Mayor Coxhead stated he had visited property at 250 and 200 Diviso and there was no question that there was an unreasonable view obstruction from their properties; felt trees presented a hazardous situation; thought Dr. Nathan's attitude was unreasonable in requesting tree replacements costing $500 each. Councilman Smith agreed all 18 trees should be removed; five hazardous trees removed and paid for by owner and suggested remaining tree removal costs be split 50-50; thought all parties involved should agree to new material to be planted. Councilman Spratling agreed with the Staff recommendation that all 18 trees be removed; did not agree there should be any attempt to pay up to $500 per tree to replace them; didn't think complaintants and tree owner could reach a mutually agreed upon solution regarding replacement; suggested a landscape architect be used to identify appropriate size and type of tree for replacement and property owner could add to this expenditure if he wanted a larger variety; thought cost ratio formula should be decided upon without reference to cost; thought the Design Review Board had the competence and experience regarding tree complaints to determine the cost allocation. In response to Councilman Spratling, Michael Friedman stated the Board did not have information that Dr. Nathan did not have access to grove of trees for maintenance purposes. TOWN COUNCIL MINUTES #689 April 17, 1985 Page 7 Mayor Bergmann stated there were two separate issues: (1) obstruction of views and safety hazard and (2) allocation of cost. The Mayor thought all 18 trees should be removed, eucalyptus trees present an on-going problem; there was considerable view obstruction; property value is diminished when views are obstructed; thought it was punitive to ask complaintants to share cost of $500 trees, given all the species that grow well, the property owner could buy 5-gallon cans for less than $20; supported position that the Council make a decision on what trees should be removed and the allocation of cost to be determined by the Design Review Board. The Mayor re-opened the public hearing. Dr. Palubinskas stated he had spoken to Mrs. Brady on two occasions and she had indicated to him that she had requested Dr. Nathan to trim the trees on two occasions and he had refused. A representative from the tree service stated cost of planting large trees is expensive. The Mayor closed the public hearing. MOTION: To remove trees identified as 1 through 18 and require the replanting of an appropriate number of trees, number of trees and species to be determined by Staff with whatever professional assistance it determines necesssary; this consultation be done prior to cost allocation being referred to the Design Review Board; the cost of removal and tree replanting be borne in a proportion decided by the Design Review Board; and in the event any party appeals the Board's apportionment of costs, the fees be waived on appeal to the Town Council. The Council confirmed the decision of the Design Review Board with respect to all other trees that they considered. Moved: Spratling, Seconded by Cox head Vote: AYES: Unanimous ABSENT: Wilson 11. ~WN EMPLOYEE'S RETIREMENT SYSTEM (PERS Contract Amendment Resolution) The Finance Director reviewed the Staff report. The proposed change would save the Town approximately $20,000 annually while increasing the death benefit from $500 to $600. The Mayor opened the public hearing. There being no comments the Mayor closed the public hearing. MOTION: Moved: Vote: To approve contract amendment with PERS. Smith, Seconded by Spratling AYES: Unanimous ABSENT: Wilson TOWN COUNCIL MINUTES #689 April 17, 1985 Page 8 I. OOMMUNlCATIONS, STAFF AND TOWN MANAGER ITEMS 11. VIACOM CABLEVISION (Notice of Certain Rate Increases) Council accepted as informational item. J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, ~ayor Bergmann adjourned the meeting at 10:30 P.M., in memory of Gary Grey, former Parks & Recreation Commissioner, to Exeuctive Session, Tuesday, April 30, 1985 at 5 P.M. in the Town Manager's office to discuss litigation. ~B~ Town of Tiburon TOWN COUNCIL MINUTES #689 April 17, 1985 Page 9 MINUTES TOWN OOUNCIL 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, April 3, 1985, in the Hilarita Community Room, Tiburon, California. ~. ROLL__CALL PRESENT: OOUNCILMEMBERS: Spratling, Wilson, Bergmann, Coxhead Smith ABSENT: COUNCILMEMBERS: None EX-oFFICIO: Town Manager Kleinert, Planning Director Hanna, Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Assistant Town Clerk Hennessy B. APPRDVAL OF MINUTES Minutes 1687, March 20, 1985 Page 3, Motion: ...until (1) there has been a complete connection of Beach Road up to Town standards; and (2) the Point...as a whole; moreover the Council... MOTION: Moved: Vote: To approve Minutes #687 as amended. Spratling, Seconded by Bergmann AYES: Unanimous ABSTAIN: Wilson c. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES Mayor Smith appointed Councilmember Stone Coxhead, Cynthia Gilbert, Jack Fiorito and Al Kuhn to the Tiburon/Belvedere Parking Committee, and directed Staff to work with the City of Belvedere to create a charter for the Committee. D. COMMENDATION OF TOWN EMPLOYEE OFFICER ROBERT LOUGEE' - (Resolution) Mayor Smith publicly commended Officer Lougee' for his rescue of three Tiburon residents from their burning home on December 11, 1984 and expressed the Town's sincere appreciation. Police Chief Bailey stated it was important for the community to know that Officer Lougee' was raised on the Peninsula; had been an Explorer, Cadet and Reserve Officer for the Town and was working as a permanent Officer only one month when he performed this rescue. The Chief thanked Officer Lougee' on behalf of the Police Department and the Town. MOTION: With a sense of pride and deep appreciation, to adopt A Resolution of the Town Council of the Town of Tiburon Commending POLICE OFFICER ROBERT LOUGEE' For His Actions Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous E. OOMMISSION AND COMMITTEE ORAL REPORTS Councilmember Spratling reported that the Lands & Development Committee had met with bond counsel, Redevelopment counsel, representatives of the underwriters and representatives of the development regarding the proposed Community Facilities District and Point Tiburon project. They had resolved several matters and TOWN COUNCIL MINUTES #688 April 3, 198{ Page 1 had made substantial progress which would be incorporated in the Owner/Participation Agreement. F. PUBLIC QUESTIONS AND COMMENTS Robert Rogers, President of the Bel Aire Improvement Association informed the Council that MMWD had not noticed the residents in their area that they would be digging up the street along Karen Way and expressed his displeasure of how the project was handled. Superintendent of Public Works Brunini stated he had contacted MMWD when the project started and they had received their permit from the County before the area was annexed to Tiburon. MMWD did promise to repair the street to Town standards. The Mayor asked Mr. Rogers to send a letter directly to MMWD expressing his concerns regarding the lack of noticing. The Town Manager was also directed to send a letter to MMWD thanking them for the watermain repairs and requesting adequate public noticing well in advance for future projects. G. CONSENT CALENDAR ITEM l.a AWARD OF CONTRACT MISCELLANEOUS REPAIRS DOWNTOWN TIBURON BOULEVARD was added. I. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS, a through e was also added. MOTION: To approve the Consent Calendar consisting of the following items: 1. FINANCE REPORT (February 1985) la. AWARD OF CONTRACT MISCELLANEOUS REPAIRS DOWNTOWN TIBURON BOULEVARD PROJECT I. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS a. Ltr. from Department of Transportation to Town Manager Re Tiburon Blvd. & Palmer Avenue) b. Marin Countywide Plan (Draft Economic Element - Information Item) c. Ltrs. from Marin/Sonoma Mosquito Abatement District (Thanking Lou Brunini and Don Batten for Service) d. Town Low/Moderate Income Housing Policy - (Appropriation for Consultant's Fee) e. Marin County 1985/86 STIP Priority List Changes Moved: Spratling, Seconded by Wilson Vote: AYES: Unanimous H. PUBLIC HEARINGS&: BUSINESS ITEMS 2. OOMMUNITY FACILITIES DISTRICT NO. 1985-1 The Town Manager reviewed the Staff report. Representatives of the Town Council had held workshop sessions with the developer, bond counsel representatives and the low/moderate income housing consultant. They had also discussed the draft Owner/Participation Agreement and requested Council to retaine an auditor, at the developer's expense, to audit the Point Tiburon construction recbrds. The total proposed bonded indebtedness for the Community Facilities District is $5.95 million. Dan Bort, Sturgis, Ness, Brunsell & Sperry, explained the legality of the resolutions to be considered. Protests could be submitted to the Town Clerk from residents or owners within the Community Facilities District. The Mayor opened the public hearing. There being no comment, the Mayor closed the public hearing. In response to the Town Manager, Mr. Bort stated that each year it would be necessary to determine the amount needed to service the debt and the Town would then pass an Ordinance to levy this special tax. TOWN COUNCIL MINUTES #688 April 3, 198" Page 2 In response to Councilman Spratling, Mr. Bort stated the Redevelopment tax increment monies would not be available until June/July 1986. The Town Manager noted that the Community Facilities District tax would not be assessed on the low/moderate income units. MOTION: To Approve Resolution Finding Prior Proceedings Valid and In Conformance with The Law Moved: Spratling, Seconded by Wilson Vote: AYES: Unanimous MOTION: To Approve Resolution of Formation of Community Facilities District & Levy of Special Tax Moved: Spratling, Seconded by Wilson Councilman Coxhead reiterated his understanding of the procedure which was: After formation of the Community Facilities District, an Owner/Participation Agreement would be executed; possibly in June the funding would be available through the underwriter for $5.95 million; those funds would not be distributed until the Town Engineer and Town Staff have inspected those public improvements to make certain they are installed to the Town's specifications and at that time the contractor will be paid, as well as the developer. It was Councilman Coxhead's understanding that the Redevelopment tax increment funds will not be available to participate in the payment of debt of the bonds until the Town has issued a certification of completion for the entire Point Tiburon project; for the first 12 months, there might be $500,000 interest due on the bonds and this is the responsibility of the owners of the property who were in attendance at the meeting and he assumed the owners were aware that the Redevelopment Agency's tax funds would not be assisting in this debt service. Mr. Bort stated the public improvements in the District totalled about $6.1 million; the bond issue was for $5.95 million and approximately $6 million of improvements would be completed by July and at the Committee meetings it seemed to be the consensus that these improvements might be accepted by the Town with money withheld for the completion of approximately $100,000-200,000 of construction. Councilman Spratling stated that the conditions (including the definition of project completion) for passing through the tax increment revenues to the project had not been finalized and remained to be worked out in the Owner/Participation Agreement; there are two separate "completions", (1) completion of the public improvements as a condition to releasing the bond proceeds to the developer and (2) completion of the project at which time the Town releases the tax increment revenues. The Town Council indicated that this was their understanding. Vote: AYES: Unanimous MOTION: To Approve Resolution To Submit Bonded Indebtedness to Voters" Moved: Spratling, Seconded by Wilson Vote: AYES: Unanimous MOTION: To Approve Resolution Calling Special Mailed Ballot Election Moved: Spratling, Seconded by Wilson Vote: AYES: Unanimous TOWN COUNCIL MINUTES #688 April 3, 198,$ Page 3 / " 3. SOMMER SUBDIVISION (Consideration of Proposed Negative Declaration) The Planning Director reviewed the Staff report. The Planning Commission had recommended the certification of a Negative Declaration of Environmental Impact. In response to Councilman Coxhead regarding the vertical rock wall, the Planning Director stated that there was a question regarding the boundary line which needed to be resolved. The Mayor. opened the public hearing. There being no comments, the Mayor closed the public hearing. MOTION: To approve the Staff recommendation that th~re be a Negative Declaration of Environmental Impact Moved: Wilson, Seconded by Spratling Councilman Coxhead noted that a footnote to the Environmental Checklist form stated it might be appropriate to engage a third- party geotechnical consultant. He felt a significant impact could be the result of the vertical cliff and suggested Item 21(d) be changed to "maybe"; thought it was important that the site be evaluated by a geotechnical expert, but it would be inappropriate to prepare an EIR. AMENDED MOTION: To approve that a Negative Declaration of Environmental Impact be filed, and that approval of the Tentative Map as proposed, not occur until further geotechnical evaluation is completed confirming that the project will not result in unacceptable on~site and off-site impacts. Moved: Spratling, Seconded by Wilson Vote: AYES: Unanimous 4. APPEAL DESIGN REVIEW BOARD DECISION - (131 Sugar loaf - 30' Height Limit) The Planning Director reviewed the Staff report and drawings. Four members of the Design Review Board advised the applicant on January 24, 1985 that they felt the house was too massive, particularly the south elevation. The applicant proposed returning with a landscape plan and the Board reheard the original proposal on March 7 including the landscape plan. Five of the seven Boardmembers present did not feel the design of the house was acceptable, as submitted. The Board asked the applicant if he wanted a continuance in order to address the concerns of the Board, the applicant asked the Board to vote on the proposal. Five members voted to deny the proposal. In response to Vice-Mayor Bergmann, the Planning Director stated the Board felt due to the prominent location of the site, the house should be set into the hill without exceeding the height limit. Councilman Spratling reviewed the height limit calculations on ~ slope. The Mayor opened the public hearing. In response to Councilman Coxhead, the Planning Director stated there was a restriction on the lot that no structure could be higher than 20' below street level in order to retain the Town's overlook easement to insure that the view would not be blocked from the overlook site. Ken Kurtzman, architect, questioned the legality of the 20' restriction, but stated he had convinced his client that he should go along with the restriction placed by the Council. However, Mr. Kurtzman didn't think the Board or Council should impose a second restriction that the house be built into the hill which would require a massive retaining wall. TOWN COUNCIL MINUTES 1688 April 3, 19U' P ag e 4 In response to Councilman Spratling, Mr. Kurtzman provided pictures of neighboring houses which were over 30' high. Vice-Mayor Bergmann noted that the Design Review Guidelines intend to discourage houses perching on the side of the hill, to place non-active areas into the hill; the proposal showed the basement storage area cantilevered on the hillside which compounds the overall height of the building. Mr. Kurtzman stated he could use a flat roof and reduce the height by 5 or 6'. The Planning Director stated the Board uses the Design Guidelines and a house can be rejected if it is inconsistent with the guidelines even if below the 30' height limit. The Mayor noted the issue seemed to be the appropriateness of the design at this height on this property. Jud Moorhouse, member of the Design Review Board, stated the minutes reflect the discussion that the house could be moved up the hill slightly and into the hill and retain the slope of the driveway, thus reducing the massiveness of the house. Ken Kurtzman stated he didn't feel there was sufficient justification for the additional expense for the retaining wall and driveway. Councilman Coxhead expressed concern regarding the soils stability in the area and asked the Town to be cautious about approving engineering on this site; agreed that a 5,000 sq. ft. home on this site was massive. Councilman Wilson stated he had heard no compelling reasons "to deviate from the 30' height restriction; the architect could work within the restrictions and didn't think the Council should make exceptions without good reasons. The Council agreed they would consider a reduction in the 20' overlook height restriction if an appropriate design warranted such consideration. Councilman Spratling stated he would be sympathetic toward a height greater than 30' if he thought a maximum attempt had been made to use Design Guidelines and reduce the massive effect; he had not heard compelling reasons to overrule the DRB decision. In response to Mr. Kurtzman, Council agreed that due to the special circumstances of the 20' height restriction, the applicant need not pay an additional DRB fee for a new application but could submit a redesign to the Board. The Mayor objected to asking the applicant to cut into the hillside and thought the house had the potential of being the best looking house on the hillside. He didn't agree with DRB. It was the consensus of the Council that there were overall concerns regardlhg the massiveness of the house; the deck overhang and the basement area exaggerated the massive effect. Michael Friedman, Chairman of DRB, stated their denial was not based solely on the 30' height restriction; didn't think the structure met the guidelines of the Town in other respects. MOTION: To uphold the decision of the Design Review Board and deny the application with the proviso it is without prejudice so that the applicant can return to the Board without paying a second filing fee. Moved: Spratling, Seconded by Wilson Vote: AYES: Spratling, Wilson, Bergmann, Coxhead NOES: Smith TOWN COUNCIL MINUTES #688 April 3, 198! Page 5 MOTION: With respect to this application that the square footage of the garage not be included in the total square footage of the house for purposes of the 5,000 sq. ft. rule requiring Council review. Moved: Spratling, Seconded by Wilson Vote: AYES: Unanimous 5. GOLDBERG MASTER PLAN - (Ordinance, 1st Reading) \ \ \ \ The Planning Director reviewed the Staff report. The proposed ordinance incorporated conditions placed by the Planning Commission. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. Councilman Coxhead commended the applicant for the pertinent information provided to the Council. Discussion ensued regarding developing ranges and the necessity of submitting two Precise Plans to the Planning Commission. Councilman Spratling stated the applicant can try for the additional units by demonstrating through the use of story poles that the larger number is feasible and can be done successfully. Mr. Goldberg, applicant, stated he was satisfied with the requirements that he might have to come back with another Precise plan if the first plan is rejected; the Planning Commission had rejected Staff's recommendation that a lot be deleted. Councilman Wilson asked that a precedure be developed to simplify the process before the Precise Plan goes through the system;, he was confused by the series of motions and votes of the Planning Commission and would like to see a clear cut vote of the Planning Commission based on the information the applicant submitted. Mr. Goldberg stated the Planning Commission had been specific and he had the direction of what they wanted to see. The Town Engineer stated the property had slides and an artifical canyon; it could be shaped and sculptured for a nicer shape; this would influence the number of units; after the slides are repaired the site won't look the same; erosion will not occur because water will be intercepted which allows more freedom of land use. The Council agreed to approve reading of Ordinance by title only. The Mayor read, AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE GOLDBERG MASTER PLAN MOTION: To approve first reading of the aforementioned ordinance. Moved: Wilson, Seconded by Spratling Vote: AYES: Spratling, Wilson, Bergmann, Coxhead, Smith NOES: None 6. HIGHLANDS MASTER PLAN (Request Extension of Time for Approved Master Plan for Mixed Residential Development) The Planning Director reviewed the Staff report. The applicant had requested a one-year extension of the approved Master Plan. Staff recommended extension. The Planning Commission, with four members present, voted 2-2. There being no majority vote of the Planning Commission, there was no action taken. The Mayor opened the public hearing. Dusan Mills, real estate consultant to the developer, endorsed the position of Staff. TOWN COUNCIL MINUTES i688 April 3, 198~ Page 6 Dick Oliver, 39 Reed Ranch Road, opposed the extension since he was not in favor of the Master Plan previously approved. Councilman Spratling explained that during Lands & Development Committee meetings, the developer had been given the assurance that the extension would probably be granted if the processing of an amendment to the Master Plan had not proceeded in time before the expiration of the Master Plan previously approved; the Council wanted to encourage the developer to proceed with an amendment even though the developer had a right to proceed with the approved Plan. The Mayor closed the public hearing. MOTION: To approve Resolution Extending the Expiration Date of the Highlands Master Plan Moved: Spratling, Seconded by Wilson Vote: AYES: Spratling, Wilson, Bergmann, Smith NOES: Coxhead 7. BEXAN PRECISE PLAN (Request to Add Secondary Building Envelopes to Approved Plan - Resolution) The Planning Director reviewed the Staff report and maps. The applicant had requested secondary building envelopes to be used for accessory structures. The Planning Commission made modifications in the original plan. The Mayor opened the public hearing. There being no comment, the Mayor closed the public hearing. Discussion ensued regarding the wording of Section 2, paragrpph l(j) which was amended to read: "All improvements of any type, including fences, temporary or outherwise, shall be contained within the primary or secondary building envelopes. The main structure shall be contained within the primary envelope and accessory structures within the primary or secondary envelope. .... No structure in the secondary building envelope shall exceed one story or 12 ft. in height." MOTION: Moved: Vote: To pass Resolution Approving an Amendment to the Precise Plan/Tentative Map for the Hexan Development off Cibrian Drive Wilson, Seconded by Spratling AYES: Spratling, Wilson, Bergmann, Smith NOES: None ABSTAIN: Coxhead RETREAT Council and Staff agreed to hold their retreat on May 4 at Phoenix Lake if available. CIBUAN PROJECT Caspian Associates has requested their agreement to hold four lots in equity as a guarantee for installation of a water tank be modified to include only three lots. MOTION: To modify the agreement, not specifying which lots must be retained, but keeping the number of lots at four. Moved: Wilson, Seconded by Bergmann Councilman Spratling stated he thought the motion was too unspecific in terms. TOWN COUNCIL MINUTES #688 April 3, 198! Page 7 AMENDED MOTION: To modify the agreement to state that the last four lots could not be sold until the work was completed. Moved: Wilson, Seconded by Bergmann Vote: AYES: Spratling, Wilson, Bergmann, Smith NOES: None ABSTAIN: Coxhead CAL/TRAHS The Town Manager stated he had forwarded various petitions the Town had .received to CAL/TRANS and-~outlined in a transmi ttal letter the Town's overall safety concerns along Tiburon Boulevard. FAIR HOUSING H:>NTH The Town Manager noted that April was being observed as Fair Housing Month. mws HALL The Town Manager stated the Assistant Town Clerk had researched the mail-in ballot measure conducted by the City of Danville regarding their Town Hall site. Apparently, it was illegal because it was not in conjunction with an election and there was no other measure on the ballot, but Danville proceeded anyway. Councilmember Wilson stated he had received a copy of A.I.A.ls handbook relative to architectural review and would provide excerpts to the Council for their information. The Mayor stated he would hold a Town Council Steering Committee meeting and report to the Council. BLACKIE'S PASTURE The Mayor requested that Blackie's Pasture Precise Plan be agendized at the next meeting. J. ADJOURNMEN'l' Being no further business of the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 10:30 P.M., sine die. ATTEST: ,&utv . R. L. KLEINERT, TOWN MANAGER/CLERK TOWN COUNCIL MINUTES 1688 April 3, 198~ Page 8 MINUTES TOWN OOUNCIL WORKSHOP SESSION CALL TO ORDER Mayor Smith called the workshop session of the Town Council of the Town of Tiburon to order at 6:40 P. M., Wednesday, March 20, 1985, in the Town Hall-Conference Room. A. ROLL CALL PRESENT: COUNCILMEMBERS: Spratling, Bergmann, Coxhead, Smith ABSENT: COUNCILMEMBERS: Wilson EX OFFICIO: Town Manager Kleinert, Planning Director Hanna The Workshop meeting discussion focused on the low/moderate income housing questions and concerns. Dick BlOOd-Bornholdt, the Town's Housing Consultant, outlined various options the Town should consider in regard to affordable housing and the future utilization of both Redevelopment tax increment funds and subdivision in-lieu fees. It was the consensus of the Council that there should be no bond or special tax assessment applied to the twenty (20) low/moderate income housing units in the Point Tiburon project in regard to the proposed Community Facilities District, and that none of the 20% Redevelopment tax increment funds should be applied to the Point Tiburon low/moderate income housing units. The Council primarily wanted to maintain flexibility with these funds and use them possibly to assist in achieving further low/moderate income housing either within the project area or within the Town. There was also the possibility of utilizing the funds to assist housing applicants satisfy the necessary qualification requirements. Staff was directed to submit the draft Owner/Participation Agreement to the Town Council as soon as possible. The Council's Lands & Development Committee would meet with Innisfree representatives concerning the amount of Redevelopment tax increment funds to be applied to the Point Tiburon Project's public improvements, and the manner and time in which the redevelopment tax increment would be released to the developer for the bond debt servicing of the public improvements, and other concerns related to the Owner/Participation Agreement. B. REGULAR MEETING Mayor Smith called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 P.M., in the Hilarita Community Room, Tiburon, California. PRESENT: COUNCI~MEMBERS: Spratling, Bergmann, Coxhead, Smith ABSENT: COUNCILMEMBERS: Wilson EX-OFFICIO: Town Manager Kleinert, Planning Director Hanna, Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Assistant Town Clerk Hennessy TOWN COUNCIL MINUTES #687 March 20, 1985 Page 1 C. APPROVAL OF MINUTES #685, March 6, 1985 Page 2, Motion, to read: 1I...signalization, including drawing upon our General Reserve fund reserves if necessary." Page 3, last paragraph, to begin: "Councilman Spratling agreed with Vice-Mayor Bergmann that the location was inappropriate for a permanent parking lot. He suggested...." MOTION: Moved: Vote: To approve Minutes 1685 as amended. aergmann, Seconded by Spratling AYES: Unanimous ABSENT: Wilson #686, March 14, 1985 Page 2, last paragraph, delete "Utah" and add at the end of the sentence, "in Salt Lake City, Utah." MOTION: Moved: Vote: To approve Minutes #686 as amended. Spratling, Seconded by Bergmann AYES: Unanimous ABSENT: Wilson D. APPOINTMENTS m OOMMISSIONS, BOARDS. OOMMITTEES Parking Committee to be appointed next meeting. E. OOMMISSION AND OOMMITTEE ORAL REPORTS Dennis Rockey, Chairman of the Facility/Needs Committee, , presented a preliminary report to the Council. The Committee has taken the approach of doing an assessment of the basic groups and organizations that use facilities and the group of providers who have facilities; the Committee is in the process of inventoring this information and hoped to have an objective study which would provide a planning document outlining the facilities and space needed by the year 2000. The Committee expected their final report to be ready by the end of April. The Facility/Needs Committee also suggested that the Financial Committee be established and proceed immediately. The Council Steering Committee agreed to meet and establish a Finance Committee as soon as possible. F. PUBLIC QUESTIONS AND OOMMENTS PETITION The Town Manager informed the Council that he had received another petition today concerning Tiburon Boulevard pedestrian safety improvements with over 200 signatures. The petition requested the Town to urge CAL/TRANS to install stop lights and crosswalks at the intersection of Trestle Glen without further delay. LOOTPOA Diana Bennett, President, LCOTPOA, read a letter to the Council which stated they had gathered over 400 signatures on a petition regarding their opposition to the closure of Mar West Street; had ceased circulating petition on the advice of the Town Council; requested that there be a notice given to the homeowner associations and newspapers 60-days prior to any public hearing regarding any type of closure of Mar West Street. Councilman Spratling commended the LCOTPOA on their approach. TOWN COUNCIL MINUTES #687 March 20, 1985 Page 2 MOTION: That as a matter of policy, this Town Council will not consider the closing of Mar West Street until (1) there has been a complete connection of Beach Road up to Town standards; and (2) the Point Tiburon project has been completed and the Town has had an opportunity to observe traffic and circulation patterns as a result of the Beach Road extension and the impact of the occupancy of the Point Tiburon project on the community as a whole; moreover the Council will only consider the closing of Mar West Street after the community has been given 60- days notice prior to such public hearing. Moved: Spratling, Seconded by Be~gmann Nat Marans asked the Council if they would consider the closing of Mar West Street under any circumstances. The Mayor explained that the Town Council was bound to consider the possibility of a trial closure. Vote: AYES: Unanimous OFFICER LOUGEE Police Chief Bailey informed the Council that Officer Lougee would receive the Dr. Sugarman Award from the Sausalito Rotary Club for his heroic deed in saving the lives of 3 residents in Tiburon on 12/11/84 during a fire at their home. The Town Council directed Staff to prepare a Resolution of Commendation for Officer Lougee. G. CONSENT CALENDAR Item 6, MAJOR CRIMES TASK FORCE was added to the Consent Calendar. MOTION: To approve the Consent Calendar consisting of the following items: 1. POLICE REPORT (February 1985) 2. INSURANCE COVERAGE FOR PUNITIVE DAMAGES - (Supporting & Recommending Amendment of Insurance Code Section 533, Evi- dence Code Section 352 & Government Code Sections 825 & 990 - Resolution) 3. ACCEPTANCE OF PROJECT (Trestle Glen Shoulder and Slide Repair No. 84-T-l5 - Resolution) 6. MAJOR CRIMES TASK FORCE (Participation and Approval of Reorganization) Moved: Spratling, Bergmann Vote: AYES: Unanimous ABSENT: Wilson 8. PUBLIC BEARINGS & BUSINESS ITEMS 4. SHORELINE PARK IMPROVEMENTS - (Consider Inclusion, Location and Design of Possible Historical Artifacts in the Shoreline Park) The Town Manager summarized the Staff report. He indicated that the ferry dock hoisting wheels and substructure were removed by SP and stored on site for possible future incorporation into the downtown project design. Both the project architect, Freidman & Associates, and the Landmarks Society have submitted proposed sketches of how the ferry dock hoisting wheels and gallows structure could be incorporated into the Shoreline Park theme. In response to Councilman Coxhead, the Town Manager stated that no specific location for this structure had been selected. The Mayor stated that the Landmarks Society had suggested it be erected at the end of Tiburon Boulevard near Carlos O'Brien's restaurant. TOWN COUNCIL MINUTES #687 March 20, 1985 Page 3 Mr. Tom Brown, President of The Landmarks Society, reviewed the concerns of the Landmarks Society. He stated the gallows frame stood as the gateway for all the trains and ferrys for over 100 years; felt the most important part of the whole railroad operation was the waterfront; thought the gallows frame was an appropriate symbol of the working railroad Town of the past; hoped that Tiburon had not become so refined or too far from our roots that we couldn't relate to a simple, solid structure such as the gallows frame; reconstructing the frame as a modern sculpture would be inappropriate; the frame would be a tower, focal point, symbol; wouldn't be too bulky to obstruct views if it was larger, higher and:more open as their sketch indicated in comparison to the project architect's rendering; found it hard to imagine it being used in another way or in another location; the Landmark's Society did not propose a full restoration of the structure; the Landmarks Society offered their services in any way to help or advise the Town; they could prepare working drawings or engineering documents; they had some ideas regarding financing and were willing to discuss the financing issue. In response to Nat Marans, Mr. Brown stated the original timbers had been cut up and new timbers would be used. The Mayor stated that he had been advised that the original timbers would not have been usable. Councilman Cox head stated he would like to see the Shoreline Park installed before evaluating this proposal. Vice-Mayor Bergmann stated she thought the structure was far too large and not appropriate for this location. Councilman Spratling stated that at this time he agreed with Vice-Mayor Bergmann; the Council needed to know the exact location and visual impact; suggested a mOCk-up be built; agreed that there was merit in the symbolism and the idea of the siting; hadn't thought of the Shoreline Park including something like this but didn't want to take a position until the location and size was determined. The Mayor suggested that if the Town was successful in acquiring a municipal pier that perhaps this structure would be appropriate in that location. The Mayor asked the editor of the Ark to write an article regarding the location and size of the gallows frame to generate residents' comments. Lou Brunini, Superintendent of Public Works, stated his father had worked the railroad in 1906 and the gallows frame was not considered as part of the railroad; he suggested the use of engines, rails and cars to depict the railroad history. Mr. Brown stated the Landmarks Society hadn't tried to propose a location; were trying to focus on the whole issue; how and where these artifacts would be reused was never clarified; he had talked to the landscape architect, Tony Guzzardo, who had suggested locating the structure near the turn-around on Paradise Drive; the Landmarks Society would like to see it as close to the original location as possible, but recognized the need for flexibility. The Planning Director suggested the Shoreline Park be finished before the Design Review Board reviewed the matter, and stated during the discussions of the use of this structure, it had been his impression that it would be in the Plaza of the Point Tiburon project and the Shoreline Park would be kept open. Councilman Spratling agreed that had been his impression, but perhaps the Shoreline Park improvements should be changed if the community thinks this is an appropriate use. The Planning Director noted that the BCDC permit might have to be amended if the gallows frame were installed in the Shoreline Park. The Mayor referred the issue to the Design Review Board to review and give Council alternatives, reactions and comments on the two designs. TOWN COUNCIL MINUTES #687 March 20, 1985 Page 4 5. APPEAL DESIGN REVIEW BOARD DECISION - (Sign - Tiburon Lodge) The Planning Director reviewed the Staff report. The Board had rejected a previous application for an interior illuminated sign; applicant resubmitted two alternative signs, one to be located on the Town's right-of-way to identify the entrance and the other to be located against the building to identify the Lodge. The Design Review Board acted upon the original application which was denied. Staff recommended Council grant an exception to the Town Council policy allowing signs on the right~of~way for an entrance sign due to the possible hazardous condition that might result when cars tried to enter the property at the wrong driveway; and Council grant a variance to allow a sign to be withi~ ten feet of the public right-of-way and also a variance to allow two signs for one building. Kay Kilduff, Manager of Tiburon Lodge, presented the Council with a sketch of the proposed sign. Council agreed not to discuss the merits of the design which should be considered by the Design Review Board. Discussion ensued regarding the possibility of changing the entrance driveway and it was determined that this had been previously considered and found impossible. Michael Friedman, Chairman Design Review Board, stated the Board felt it was inappropriate for them to approve the application since it did not conform with the Town's ordinance regarding no illuminated signs. Council agreed with this action. MOTION: To adopt the entire recommendation of the Staff with the addition at the end of the last sentence of Conditton 2: "should not be internally illuminated." and Co~ncil also agreed that no trees should be removed. Moved: Spratling, Seconded Bergmann Vote: AYES: Unanimous ABSENT: Wilson Councilman Coxhead asked the Staff to review the AAA sign to determine if a permit had been previously granted, and if not it should be referred to the Design Review Board. I. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS 7. Letter from Marin County Housing Authority to Town Manager, dated 3/12/85 re Marin Renters Program Council agreed this was a worthwhile Countywide program and directed Staff to send a letter in support of their application to the S. F. Foundation for funding. Budget allocation to be discussed during budget hearings. PLANNING COMMISSION SUBCOMMITTEE The Planning Director reviewed his memorandum of March 13, 1985 to the Planning Commission outlining Subcommittee Guidelines for Reedland Woods SChool Property. The Council expressed their concern that the subcommittee would be acting as a mini-Planning Commission with the entire Commission not receiving public input; suggested the developer meet with the homeowner associations and the subcommittee be given specific tasks by the Planning Commission; that the previous instructions as outlined in the March 13 memorandum be rescinded. The Council agreed to set up a workshop which would more clearly define the role of the Planning Commissioners. TOWN COUNCIL MINUTES #687 March 20, 1985 Page 5 TOWN ATTORNEY Town Attorney Robert Conn arrived. J. CLOSED SESSION Mayor Smith adjourned the Town Council of the Town of Tiburon meeting at 9:15 P.M., for a Closed Session to discuss litigation. K. ADJOURNMENT Being no further business nf the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 10:45 P.M., sine die. R. TOWN COUNCIL MINUTES #687 March 20, 1985 Page 6 MINUTES TOWN COUNCIL ADJOURNED MEETING CALL ro ORDER Mayor Smith called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:05 A. M., Thursday, March 14, 1985, in the Town Hall_ Conference Room, Tiburon, California. A. BOLL CALL PRESENT: COUNCILMEMBERS: Spratling, Wilson, Bergma~n, Coxhead Smith ABSENT: COUNCILMEMBERS: None EX-oFFICIO: Town Manager Kleinert B. BUSINESS ITEMS 1. REVOCABLE ENCBOACHMENT PERMIT (2248 Mar Eas t) Councilman Wilson outlined his previous concerns and noted the applicant has now agreed to cantilever the roof of the carport which reduces the encroachment into the Town's right-of-way. MOTION: To aprove the revocable encroachment permit application subject to deletion of the 6' fence and the roof structure being cantilevered to reduce the overall encroachment into the Town's right-of-way. Moved: Wilson, Seconded by Spratling Vote: AYES: Unanimous 2. COMMUNITY FACILITIES DISTRICT WORKSHOP SESSION The Community Facilities District workshop discussion focused primarily upon the low/moderate income housing questions relating to whether the special tax assessment should be applied to the 20 low/moderate income housing units and should the Town consider allocating all or a portion of the 20% Redevelopment tax increment revenues to the low/moderate income housing units in the Point Tiburon project. There was general concensus of the Town Council that (1) the Community Facilities District special tax assessment should not be applied to the 20 low/moderate income housing units in the Point Tiburon project, and (2) while Council was inclined to apply a portion of the low/moderate income housing Redevelopment tax increment revenues towards the Point Tiburon project's 20 low/moderate income units, they prefer to defer this decision until after discussions with the Town's Planning Director and low/moderate income housing consultant, Dick Blood-Bornhold. Mayor Smith exctised himself from the meeting at 8:10 A.M. The Council did recommend that Innisfree consult with the Community Facilities District engineer, Irv Schwartz, regarding the overall cost of the Point Tiburon project's public improvements and prepare a pro-rata cost allocation based upon square footage of all of the Point Tiburon units, including the 20 low/moderate income units. This information should be then submitted to the Town Council for further consideration regarding this matter. TOWN COUNCIL MINUTES 4686 March 14, 1985 Page 1 In regard to proper notification of all lenders and trust deed holders in the Point Tiburon project concerning the formation of the Community Facilities District, it was agreed that this would be properly satisfied by the Town's official notification to the primary lender, State Savings and Loan in Salt Lake City, Utah. C. ADJOURNMENT The workshop meeting of the Town Council of the Town of Tiburon, was adjourned at 8:30 A.M., to Wednesday, March 20, 1985 at 6:30 P.M. in the Town Hall .Conference Room to continue the workshop session. . (\ "--IJ ~ , MAYOR uron TOWN COUNCIL MINUTES i686 March 14, 1985 Page 2 MINUTES TOWN OOUNCIL 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, March 6, 1985, in the Hilarita Community Room, Tiburon, California. A. ROLL_ CALL PRESENT: COUNCILMEMBERS: Spratling, Wilson, Bergmann, Cox head Smith 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 1683, February 7, 1985 Last paragraph, page 1, should read: "...a separate condominium parcel for dedication or negotiating for a lower allocation of expenses for common area space." MOTION: Moved: Vote: To approve Minutes 1683 as amended. Spratling, Seconded by Bergmann AYES: Unanimous 1684, February 20, 1985 Page 3. Last two sentences of last paragraph to be a separate paragraph. Page 5. Last sentence under Ballot Issue to read: Councilman Wilson also volunteered to investigate the possibilities of an architectural competition to design the new Town Hall complex. MOTION: Moved: Vote: To approve Minutes 1684 as amended. Bergmann, Seconded by Wilson AYES: Unanimous c. APPOINTMENTS TO OOMMISSIONS, BOARDS, OOMMITTEES- Mayor Smith asked Council and Staff to give him recommendations for appointment to the Tiburon/Belvedere Parking Committee. There were four vacancies to be filled for a four year term. Belvedere had a~pointed Bob Gordon, Sam Mann and Jim Allen. D. OOMMISSION AND OOMMITTEE ORAL REPORTS There were none. B. PUBLIC QUESTIONS AND OOMMENTS MAR WEST CLOSURE Diana Bennett, LCOTPOA, stated her association was gathering signatures on a petition which opposed any closure, temporary or permanent, of Mar West to vehicular traffic and formally requesting a public hearing to discuss the issue as soon as possible. Mayor Smith explained that no decision was to be made regarding a trial closure of Mar West until the Beach Road TOWN COUNCIL MINUTES 1685 March 6, 1985 Page 1 extension was open and traffic circulation could then be studied. After further discussion, Council agreed to consider the request of the LCOTPOA and advise Mrs. Bennett of their decision regarding holding a public hearing prior to Beach Road opening and circulation study. GREEm<<x>D BEACH BOAD/TIBURON BLVD. CBOSSING Don Batten, president of the Belveron Homeowners Association, presented the Council with a petition which stated: "Those of us who sign this petition do so to express our deep concern that the death of .Edward Hirsh, thia past S_unday afternoon, c9uld have been averted had the necessary signals at or near Trestle Glen and Tiburon Boulevard been installed. The likelihood of an accident has been anticipated by all who use the crosswalk to access Blackie's Pasture. More importantly are the elementary and junion high children who have to use that crosswalk to get to school and after school activities. The seriousness of the increase in the number and speed of automobiles on Tiburon Boulevard has been a frequent topic at public meetings. We insist that the signals planned for Tiburon Boulevard and Trestle Glen either be installed immediately or an effective alternative be devised until they can be." Mr. Batten stated that it was the Council's mandate to do something about the hazardous crossing. Calvin Zippin, 4 Warrens Court, proposed that a volunteer crossing guard program be established at this crosswalk and offered to get it organized. The Town Manager stated that the liability aspects would need to be studied and the Police Department currently has a brief training program for school crossing guards. Wayne Snow, Jefferson Drive, supported realignment of Tiburon Boulevard. / MOTION: Council authorized the Town Manager to take whatever steps necessary to expedite the installation of the Trestle Glen signalization, inCluding drawing upon the Town's General Fund reserves if necessary. Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous Ann Lettrich, Mercury Avenue, suggested the petition be given to CAL/TRANS with a request that the speed on Tiburon Boulevard be reduced since most accidents occur at the turn and not at the crosswalk. The Town Engineer stated he would contact CAL/TRANS and request an additional signal at the Greenwood Beach crossing. RED CBOSS MONTH Mayor Smith noted that March had been designated as Red Cross Month. EARTHQUAKE PREPAREDNESS WEEK Mayor Smith noted that April 15-20 had been designated as Earthquake Prep~~edness Week. F. OONSENT CALENDAR Item 4 was removed. Item 9, APPEAL DESIGN REVIEW BOARD DECISION (1994 Centro West - Continued to April 17) was added to the Consent Calendar. MOTION: To approve the Consent Calendar consisting of the following items: 1. FINANCE REPORT (January 1985) 2. AWARD OF CONTRACT (Juanita Lane Street Improvements/Main Street Curb Replacements - Ghilotti Bros.) TOWN COUNCIL MINUTES *685 March 6, 1985 P ag e 2 3. 1984-85 MID-YEAR FINANCIAL REVIEW (Staff Analysis of General Operations) 9. APPEAL DESIGN REVIEW BOARD DECISION (1994 Centro West - Tree Complaint - Continued to April 17) Moved: Wilson, Seconded by Bergmann Vote: AYES: Unanimous G. PUBLIC HEARINGS & BUSINESS ITEMS 5 . TEMPORARY USE PERMI TS a. Parking Lot for Main Street Properties - Mar West and Tiburon Boulevard b. Parking Lot for Point Tiburon - Main Street' and Tiburon Boulevard The Planning Director reviewed the Staff report. The temporary use permit for Main Street Properties would allow approximately 100 cars on a gravelled surface, surrounded with pole barriers and a temporary attendant booth installed. Vice-Mayor Bergmann expressed concern that the applicant had been negotiating with the State Parks & Recreation Department regarding a permanent parking lot at this location to be used by commuters to Angel Island and emphasized that she found this use offensive and felt there were better uses for the land which is a gateway to the downtown. Council and Staff did not believe the State would insist on a commuter parking lot against the wishes of the Town. The TQwn Manager stated he supported the temporary use permits to . alleviate recent congestion since the Paradise Drive parking had been eliminated. The Mayor opened the public hearing. Mr. Morrison, representing Main Street Properties, stated that if the temporary use permit were not granted, they would have to close the lot due to their insurance liability. A resident of Harbor Hill and a downtown merchant supported additional parking. Don Batten supported the temporary use permits to alleviate the parking problem. Steve Sears, President of the Chamber of Commerce, supported both use permits; emphasized the need for additional parking. Hank Baker, Point Tiburon Project Manager, stated their proposal was in response to what they felt was an emergency parking problemn along Tiburon Boulevard. Police Chief Bailey supported the applications, and suggested that street par~ing be eliminated along the northside of Tiburon Boulevard from Bon Appetit to Mar West. The Town Engineer suggested a temporary walkway from the Mar West lot to Bon Appetit as a condition of the permit. The Mayor closed the public hearing. Councilman Spratling agreed with Vice-Mayor Bergmann that this location was inappropriate for a permanent parking lot. He suggested approval of the temporary use-permits on the condition that the expiration language be the same for both permits, i.e., "one year or the installation of the permanent lot at Point Tiburon, whichever comes first". Also the Town Engineer's suggestion regarding the sidewalk be included. TOWN COUNCIL MINUTES #685 March 6, 1985 Page 3 MOTION: To approve Resolution No. 2287, Granting a Temporary Use Permit for a Parking Lot at Mar West & Tiburon Boulevard with the following amended conditions: (2) the use permit shall expire one year from the date of this resolution or at such time as the permanent installation of the Point Tiburon parking lot, whichever comes first, and (3) Applicant is responsible for establishing and marking a pathway from the parking lot in consultation with the Town Engineer connecting the parking lot with the downtown facilities. Moved: Spratling, Second-ed by Bergmann AMENDED MOTION: To issue temporary use permit for a period of nine months or permanent installatipn of Point Tiburon lot. Moved: Wilson Councilmembers Spratling and Bergmann agreed to amended motion. Discussion ensued regarding use of gravel to reduce dust problems; whether the permit should be conditioned that the property be returned to its present state; the possible use of the 1 1/4" of blacktop to be removed from Tiburon Boulevard as a base for the parking lot. AMENDED MOTION: At the time of termination of this temporary use permit, applicant shall follow direction of Council with respect to condition of the surface of the parking lot. Councilmembers Spratling and Bergmann agreed to amended motion. Vote: AYES: Unanimous \ \ It was the concensus of the Council that they would not approve a permanent parking lot at this location. MOTION: To approve Resolution No. 2288 Granting a Temporary Use Permit for a Parking Lot in the Point Tiburon Project Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous 6. MASTER PLAN & SUBDIVISION - VISTA BELVEDERE ((Consideration of Negative Declaration of Environmental Impact - Gilmartin Drive and Stony Hill Road) The Planning Director reviewed the Staff report. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. MOTION: To accept the Planning Commission's recommendation that the project will not have significant effect on the environment and therefore a Negative Declaration of environmental impact should be filed with the understanding that appropriate mitigation measures will be applied at the time of Master Plan or Precise Plan approval. Moved: Spratling, Seconded by Wilson Vote: AYES: Unanimous 7. GREENWOOD BEACH ROAD CLOSURE (Evaluation of Trial Closure and Consideration to Initiate Permanent Closure Proceedings) The Planning Director reviewed the Staff report which outlined advantages and disadvantages of the street closure. Council's previous action had been to extend the trial closure until the Greenwood Beach Road/Tiburon Boulevard signalization project had been completed. These signals were now being installed at TOWN COUNCIL MINUTES 1685 March 6, 1985 P ag e 4 Trestle Glen, and the design of the Precise Plan for Blackie's Pasture necessitated a decision from Council regarding the future of the trial closure. Staff recommended that Council consider public input to determine whether a public hearing should be set and proper noticing be given to permanently close the street to through traffic, or to remove the barriers and open the street. The Town's Traffic Safety Committee, Police Department, Fire Department and paramedics were concerned about emergency access. Letters had been received from several citizens both in favor and against the closure. The National Audubon Society and the Tiburon Baptist Churc~ have also written letters~ Vice-Mayor Bergmann asked that all aspects of the safety issue regarding crossing at Greenwood Beach Road and the entrance to the park be considered. Mayor Smith' stated that most of the Committee members studying the Precise Plan for Blackie's Pasture felt that moving the entrance of the park to Trestle Glen would create an impossible traffic problem. The Town Manager stated the Staff report erroneously referred to vacating the street, when in fact, the Town was considering closing the street; the Circulation Element of the General Plan would need to be amended if the street is closed. Discussion ensued regarding the difference between closing, vacating and abandoning a street, and whether a resolution or an ordinance was necessary to close a street. Councilman Coxhead expressed concern regarding the entrance to the park and the Town Engineer responded that he would not recommend a four way intesection on the sharp curve at Trestle Glen, and he did not want to further postpone the installat~on of signals at this intersection. ' The Mayor opened the public hearing. In response to a resident, Staff stated the street would be closed at approximately the same location if that was the final determination of Council. In response to Ann Ross, Staff stated the Town would continue to have jurisdiction over the street and there were many non- contiguous streets, i.e., Taylor, Seafirth, Paradise Drive. Nat Marans objected to the closure of any street and referred to State and local codes governing vacating, closing and abandoning streets; there were stipulations of the rights of the people in the Town over the rights of the people in a particular area; agreed a signal at Greenwood Beach Road was necessary. George Landau, representing Reed Union School District, expressed their concern for the safety of school children using Greenwood Beach Road as an extension of the bike path to get to Bel Aire School; the possible necessity of consolidating schools which would increase the number of students at Bel Aire School; suggested an extension of the bike path along Greenwood Beach Road and urged the continued closure of the road. Harry Heath, resident Greenwood Beach Road, supported closure. Stewart Hopkins was in favor of keeping the road open as an alternate emergency route to Tiburon Boulevard. Chief Bailey responded that in an emergency, the Police Department could reopen the road. George Sawyer and Rich Cupples, residents Greenwood Beach Road, supported closure. Ann Ross stated she had spoken to managers of the Cove Apartments, Audubon Society, Baptist Church, nursery school and none were in favor of closure; suggested an extension of the TOWN COUNCIL MINUTES #685 March 6, 1985 Page 5 bicycle path and a sidewalk; felt the additional 225 homes being built in the area would cause more congestion and stated a petition was being circulated in opposition to the closure. Mr. Cupples suggested two-way traffic on a portion of the road, and the Town Engineer responded that there were two fire departments involved and a study would have to be performed to determine effects of such a two-way closure. Phil Richardson, Bill Stewart, Mr. Jones and Karen Nygren supported closure of the road. Gena Hartly, President of Bel Aire Parent Teachers Club and Ellie Stevenson, President of Reed District PTC supported clo~ure of the road. The Mayor closed the public hearing. Councilman Wilson favored setting a public hearing for consideration of closing the street; thought location of the park entrance was important and favored a signalized entrance. Councilman Coxhead agreed and suggested CAL/TRANS be approached regarding a four way intersection at Trestle Glen as well as additional traffic signals at Greenwood Beach Road. Vice-Mayor Bergmann stated she has always been in favor of closing this road; would like answer from Marin County regarding eliminating parking along their stretch of Greenwood Beach Road and installation of a bike lane from the Church to the Union 76 Station. Councilman Spratling stated as a policy he was strongly against closing roads; however, he felt this instance was an exception; it didn't have an adverse impact on the Town. Mayor Smith stated he had voted for the original trial closure and was now leaning in the direction that it should become permanent. The Mayor directed Staff to go forward with the necessary l~~al requirements to pursue a public hearing. Councilman Spratling directed Staff to notify all homeowner associations of the public hearing. In response to Vice-Mayor Bergmann, the Town Engineer stated that he and the Superintendent of Public Works had surveyed the street regarding a bike path and that the pavement was too narrow with two lane traffic and the cost of widening the street would be exhorbitant. The Town Engineer reiterated Council's instructions to discuss with CAL/TRANS the possibility of a four-way intersection at Trestle Glen and additional signals at Greenwood Beach Road, however, not to stop progress of the Trestle Glen signalization project; to pursue some temporary measures, i.e., signs. Council agreed. 8. MASTER PLAN - VISTA TIBUBON (Consideration of Draft EIR - Former Reedland Woods School) The Planning Director reviewed the Staff report which indicated that the Planning Commission had reviewed the draft EIR; had proposed recommendations and recommended the Town Council to direct preparation of a final EIR which would include answers to all comments received to date. Mr. Stewart, Paseo Mirasol, expressed concern regarding the geological study. Mayor Smith explained that each individual lot would have to be examined from a geological basis before the Town would approve any building. Councilman Coxhead stated the Council had the minutes of the Planning Commission meeting and all comments made at that meeting need not be repeated to the Council; they would be addressed in the Final EIR. Jim Martin, Environmental Collaboratives EIR consultant asked for written comments. TOWN COUNCIL MINUTES 1685 March 6, 1985 Page 6 Karen Nygren, 22 Paseo Mirasol, presented a list of written concerns and comments. Lynn Lozier, Nature Conservancy, introduced her replacement Greg Wooley. Mr. Wooley asked that off-road vehicles be addressed in the geology and soils section; the maps be improved to show open space, fencing, walkthroughs and pedestrian access; would like to see pathway in the vicinity of Paseo Mirasol discussed which would include an improvement of this path or construction of a trail as in integral part of public access section of the site plans; the degradation of the established footpath on the Nature Conservancy's property should be given consideration. as an outside impact; he did not feel the EIR addressed exotic and basic plants, i.e., Tiburon tarweed which should be surveyed when in flower in April and early May; draft EIR does not, address impact of uphill land regarding landslides. John Roberto, representing Talden Investment Co., gave a history of the different soils and engineering firms who had studied this property. Mr. Roberto advised Council of his concern that the Planning Commission had decided to appoint a subcommittee to review the Master Plan of this project and he wanted to be sure of due process and public involvement. The Planning Director stated the intent of the subcommittee was to listen to public comments. Larry Duke, Planning Commissioner, stated some of the Commissioners felt this proposed development had serious problems and the subcommittee could provide input as to what they felt should be in the development. The Planning Director stated this would be supplementary to the planning process; the entire public hearing process would take place and there would be public ~nput to the entire Planning Commission. There was extensive . discussion regarding the use of subcommittees; their specific assignment. The Planning Director stated he would define the subcommittee's purpose at the next meeting. Vice-Mayor Bergmann asked for more specific information regarding open space and elevation of Ring Mountain as it pertains to this project. Discussion ensued regarding geological information and Vice-Mayor Bergmann requested a more detailed geological report. Mr. Roberto stated a 20 page geological report, dated August 2, 1984, had been submitted with their application to the Town. Councilman Coxhead asked that this report be made available to the public. MOTION: Council accept the comments made and incorporate them in the form of the Final EIR and direct EIR consultant to prepare Final EIR. Moved: Coxhead, Seconded by Wilson Vote: AYES: Unanimous 10. SHORELINE PARK IMPROVEMENTS Due to the lateri'ess of the hour, this item was continued to next meeting. 11. STREET LIGHT ACQUISITION PROGRAM (Authorize Execution of Joint Powers Agreement and Funding of Tiburon's Pro-rata Street Light Investment Share) Council waived the Staff report. The Mayor opened the public hearing. There being no comment, the Mayor closed the public hearing. TOWN COUNCIL MINUTES #685 March 6, 1985 Page 7 MOTION: To adopt the Joint Exercise of Powers Agreement creating the Marin Street Light Acquisition Joint Powers Authority and authorize the allocation of $20,601 as Tiburon's pro-rata share of the proposed street light acquisition program in Marin County; these funds to be charged to the Town's Restricted Capital Replacement and Restoration Fund. Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous 12. ~WN BALL CAPITAL EQUIPMENT (Consider Expenditure to Replace Copy Machine The Finance Director reviewed the Staff report and recommended purchase of an IBM 40 in the amount of $10,795. In response to questions from Council, the Assistant Town Clerk stated she recommended the IBM 60, in the amount of $23,325, due to the automatic document feeder feature and its modularity; the IBM 40 was ten years old and did not have these features. It was determined this item needed further review, and it was continued to the next meeting. 4. REVOCABLE ENCROACHMENT PERMIT (2248 Mar East - Garage on Town Right-of-Way) Councilman Wilson expressed concern that the Town was compounding an existing problem. Council continued the item to the next meeting. H. COMMUNICATIONS, STAFF AND TOW MANAGER ITEMS COMMUNITY FACILITIES DISTRICT The Town Manager asked for a workshop meeting of the Council in preparation of the public hearing on April 3 in regard to the Community Facilities District that was being proposed. Council agreed to meet at 7 A.M. on March 14 in the Town Hall Conference Room. Council directed Staff to send letter to Carl N. Swenson, Inc. regarding -ihcreasing performance bond to cover Community Facilities District improvements. MULTI-USE PATH The Town Manager stated there was an additional expense for completion of the multi-use path, Stage IV, which amounted to an estimated $7,700. Council approved a budget adjustment for this project not to exceed the Town Engineer's estimate. J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 11:40 P.M., to workshop session at 7:00 A.M., March 14, Town Hall Conference Room to discuss .~roposed Community F 'lities District issues. TOWN COUNCIL MINUTES 4685 March 6, 1985 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 7:40 P. M" Wednesday~ February 20, 1985, in the Hilarita Community Room~ Tiburon~ California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Spratling, Wilson, Bergmann~ Coxhead, Smith ABSENT: COUNCILMEMBERS: None EX-OFFICIO: Town Manager Kleinert, Pl~nning Director Hanna~ Deputy Town Engineer Strandgaard~ Supt~ of Public Works Brunini, Chief of Police Bailey, Assistant Town Clerk Hennessy B. APPROVAL OF MlHUTES #681, January 30~ 1985 Page 2, 3rd paragraph should read: "Councilman Spratling stated the Committee recommendation to conduct an audit would be at no cost to the Town.~~II. Page 4, 10th paragraph, delete words IIread a letter II and insert words: IIreported the oral conunentsll MOTION: Moved: Vote: To approve Minutes #681 as amended. Wilson~ Seconded by Spratling AYES: Unanimous #682, February 6, 1985 Page 3, add IIthell before word IIheartll in first paragraph. Page 5, 5th paragraph should read: ~..lIsafety~ vandalism and maintenance of toilet facilities must be considered"... MOTION: Moved: Vote: To approve Minutes #682 as amended. ~vilson, Seconded by Bergmann AYES: Unanimous ABSTAIN: Spratling C. APPOINTMENTS TOCOMMISSIOIiS; BOARDS; COMMITTEES There were none. D~ COMMISSION AND COMMITTEE ORAL REPORTS 1. BELVEDERE/TIBUR05 JOINT PARKS & RECREATION COMMITTEE (Status Report) Nancy Capelloni~ Director, reviewed the Belvedere/Tiburon Joint Parks & Recreation Committee's financial statement. The overall program was self-supporting and going well; participation has increased in alii programs and continued to have high quality in all areas; the Afternoon Academy was the major revenue producer; the tennis courts would need to be repaved this year and funds were available; they were emphasizing building up the older adult and teen programs. The Committee's major problem area was the unavailablity of a large space such as a gym which could be used for various activities. The Committee was negotiating with the Child Care Center Board regarding working more closely together and having the Board report to the Committee to the Committee's satisfaction; the Child Care Center had an excellent program. TOWN COUNCIL MINUTES #684 February 20, 1985 Page 1 Council asked Mrs~ Cappelloni to keep them advised of the negotiations; and thanked her for the report~ BLACKIE1 S PASTURE AD HOC COMMITTEE Mayor Smith reported the Committee had met and decided the Greenwood Beach Road trial closure must be addressed before an architect is hired to prepare a preliminary plan~ The design of the park area would be contingent upon this issue. Council directed Staff to agendize the Greenwood Beach Road Trial Closure at the next Council meeting. E. PUBLIC QUESTIONS AND COMMENTS There were none. F. CONSEBT' CALENDAR Vice-Mayor Bergmann requested Items 4 & 5 be removed, from the Consent Calendar. Item 5.a; A Resolution Accepting Offer of Dedication of Mount Tiburon Road from Mount Tiburon Properties, Inc. This dedication had been approved on January 30, 1985. MOTION: To approve the Consent Calendar consisting of the following items: 2. POLICE REPORT (January 1985) 3. TRAFFIC SAFETY REPORT (February 1985) 5.a RESOLUTION ACCEPTING OFFER OF DEDICATION OF MOUNT~IBURON ROAD FROM MOUNT TIBURON PROPERTIES; INC. Moved: Vote: Spratling; Seconded by Coxhead AYES: Unanimous 5. SPECIAL EVENT APPLICATION (Tiburon Peninsula Club Run - February 24, 1985) The Town Manager stated this application had not been received in a timely manner or reviewed by the Traffic Safety Committee, but it had been approved by the Parks & Open Space Commission. Vice- Mayor Bergmann stated she didn't believe the fee should be waived if Police services were to be provided at a cost to the Town and was concerned about the use of Paradise Drive due to its disrepair. John Weston, TPC Manager, stated they were unaware of the Townls application requirements until they called Town Hall regarding the best possible route that would cause the least amount of problems. By the time they found out about the lengthly procedure, they had already published an announcement of the Fun Run which was to be a low-keyed family oriented fun run and not a special event. Mayor Smith suggested the TPC fun run be conducted along the bike path at 8:30 a.m., Sunday, February 24, 1985 and Mr. Weston agreed. 4. SPECIAL EVENT APPLICATION (Marin Symphony Run - 4/14/85) The Police Chief responded to Vice-Mayor Bergmann and stated the Department had no problems and fully supported the application. The Police Department had approved similar applications by this group on two previous runs. The $250 fee was in addition to the application fee for additional services~ MOTION: To approve special event application for Marin Symphony Peninsula Run on April 14, 1985 Moved: Spratling, Seconded by Wilson Vote: AYES: Unanimous TOWN COUNCIL MINUTES #684 February 20, 1985 Page 2 G ~ - PUBLIC HEARINGS' & - BUSINESS ITEMS 6: COMMUNITY/FACILITIES DISTRICT The Town Manager reviewed the Staff report which outlined methods that could be used as funding vehicles to enable the developer to utilize the projected Redevelopment Agency's tax increment funds for public improvements. The Town Council's Redevelopment Committee, Town Manager, representatives of Point Tiburon and bond counsel had reviewed various funding vehicles and supported consideration of the formation of a Community Facilities District. Council was being asked at this time to consider a Resolution of Intention to form a Community Facilities District and set a public hearing for April 3; 1985 to consider formation of such District. Council's action at this meeting did not in any way commit the Council: or the Redevelopment Agency to the actual formation of the District. The full tax increment revenue to the Redevelopment Agency will not occur until after full development of the project. The original estimate f9r redevelopment funded public improvements was $3.6 to 4 million; the current estimate has been increased to $5.5 to $6 million. The increase was due primarily to certain cost overruns and change orders relating to the public improvement costs~ Council authorized an independent auditor to investigate the developer's change orders and cost over-runs to date~ The investigation costs would be paid by the developer and checked and verified by the contractor of the Project~ The auditor has submitted his report this date which did not address the question of justification for this additional work nor other requirements which made these change orders necessary. The report did document areas and amounts where the change orders occurred. Eventually an Owner/Participation Agreement will be executed between the Redevelopment Agency and the Point Tiburon developer~ Councilman Spratling pointed out that paragraph 3 of the Resolution of Intention listed facilities which were not wi~hin the boundaries of the proposed CFD, but were within the boundaries of the Redevelopment area. Mr. Bort stated he would review the requirements of the new legislation and determine if all improvements needed to be within the boundaries~ Councilman Spratling also questioned wording in paragraph 5, i.e, "...all of the tax allocation.. ~II and it was determined to change this wording to "a portion of the tax allocation..~1I Discussion ensued regarding applying this levy to the low/moderate income units and it was determined that at the public hearing on April 3 the Council had the discretion to lower the per unit cost allocations, but not to raise them~ Mr. Bort stated the Town had the requirement to spend 20% of the tax increment money on low/moderate income housing and this amount could be used to service the debt if applied to low/moderate units. Councilman Spratling stated the Fiscal Review Committee discussed figures on an income stream that had the 20% taken out and not allocated to the project. Mark Pressman suggested-an amount be included at this time and Bond Counsel would present a full analysis at the April 3 public hearing at which time Council could decide to remove the tax levy from these units. Vice-Mayor Bergmann pointed out that these units were unaffordable for low income families without a substantial down payment. The Planning Director responded that the Town had funds to help people qualify to get into these units. Vice-Mayor Bergmann stated she would like this issue agendized~ Counsel Ed Ness suggested using the figure "$2,000" for these units. Council agreed. The Mayor opened the public hearing. TO~JN COUNCIL MINUTES #684 February 20, 1985 Page 3 Nat Marans asked several questions and Mr~ Ness responded that the bond was a tax against the property: the property was security against the obligation. Councilman Spratling responded that the Town was not liable for more money than it receives from the Redevelopment Agency~ The Agency was only obligated to the extent of the tax increment received by the Agency~ The amount of money raised by the Community Facilities District is unrelated to amount of money coming into the Redevelopment Agency. MOTION: To approve Resolution No. 2283, A RESOLUTION OF INTENTION TO FORM COMMUNITY FACILITIES DISTRICT AND LEVY A SPECIAL TAX as amended~ Spratling, Seconded by Wilson AYES: Unanimous Moved: Vote: Moved: To approve Resolu~ion No. ~284, A RESOLUTION TO INCUR BONDED INDEBTEDNESS Spratling~ Seconded by Wilson MOTION: In response to Councilman Coxhead, Mr. Bort explained that this resolution is the first step to incur a bonded indebtedness where the Community Facilities District would be the issuer of debt and those responsible for paying the debt would be the developer and then the property owners. Vote: AYES: Unanimous MOTION: To approve Resolution No. 2285, A RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES Moved: Spratling~ Seconded Wilson Councilman Coxhead suggested and developer agreed that all of the project's lending institutions would be advised of the April 3 public hearing. Mr~ Masterson showed Councilman Coxhead the performance bond for the project. Vote: AYES: Unanimous 7. HIGHLANDS DEVELOPMENT (Consider Addendum to EIR) The Planning Director reviewed the Staff report. Councilman Coxhead noted it was unfortunate that the minutes of the Planning Commission meeting were not available: Staff explained that the turn around time was not sufficient since the Planning Commission meets the previous Wednesday night and the Council agenda packages are distributed on Friday: items could be delayed a three week period before proceeding to Council in order for the minutes to be available: if items needed to be heard due to AB884, they would proceed to Council with draft excerpts of Planning Commission meeting~ John Roberto, Who had prepared the Addendum to the EIR, was present, and stated the site plans used in the Addendum were prepared by Neville Price. The Mayor opened the public hearing. Mary Terrell, No. Terrace, stated she was not criticizing the report, but is concerned with the sewer line which recently broke and needs to be 'repaired before any new sewer connections are allowed. The Mayor closed the public hearing. Ann Ross stated she was concerned about density. Virginia Brunini, Karen Way, stated the residents of the newly incorporated area of Bel Aire were concerned about this project and would be addressing the issue at the Planning Commission and Town Council hearings. TOWN COUNCIL MINUTES #684 February 20, 1985 Page 4 MOTION: To certify the information received as an Addendum to the EIR Moved: Spratling~ Seconded by Wilson Discussion ensued regarding the photo montages used in the EIR~ the subsequent decision that additional montages would be provided at the Master Plan stage. Councilman Coxhead stated he rated the addendum an "A+", but rated the photo montages a "F_"; asked that the new montages be prepared by an independent third party. The developer agreed to prepare color photo montages when the project becomes more closely defined as a result of the Planning Commission hearings~ Vote: AYES: Unanimous Councilmap Spratling state4 he wouLd like to see les~ landscaping depicted in photo montages. 8. STEWART DRIVE & TlBURON BLVD. IMPROVEMENTS (Authorize Town Engineer to Apply for Urban Thoroughfare Funds for FY 1985B6) Vice-Mayor Bergmann stated she was concerned the Council had not had a public hearing regarding this issue; that some residents did not want the bus stop moved and homeowners were entitled to a hearing. Frank Shaw~ representing the Homeowners Association; objected to Council applying for the funds until the homeowners approved the plan. Council and Staff explained that the hearing process before the Planning Commission and Town Council would take approximately two months and that the authorization to seek the matching funds would not deter the hearing process and nothing would be done without the homeowners approval. MOTION: To authorize the Town Engineer to apply for Urban Thoroughfare Funds for FY 1985-86 Moved: ~Jilson~ Seconded by Spratling Vote: AYES: Unanimous H~ COMMUNlCATIONS~ STAFF AND TOWN MAJlAGERITEMS GALLOWS FRAME The Town Manager referred to his previous Memo to Council regarding the Landmark's Society's submittal of their concepts for how the Gallows Frame should be reconstructed at the Shoreline Park and asked Council for direction~ The Town Manager stated that from the onset of discussions with Southern Pacific there had been a commitment to save these pieces of lumber, pulleys, etc. with the intention that they were to be saved for reinstallation in the Shoreline Park. The Planning Director stated that Innisfree had a proposal -from their architect, which has been rejected by the Town's Heritage Commission; the Landmark's Society proposal is simply another plan. Vice-Mayor Bergmann stated the Council has never discussed the location of this'i strucutre. Councilman Spratling shared her concerns and stated the condition of the Master Plan was that the Town would make an effort to retain historical artifacts; early discussions had nothing to do with the Shoreline Park, but the Plaza Area was considered~ Council agreed to agendize discussion of the use of the Donahue Building and location of the Gallows Frame at the next meeting. TOWN COUNCIL MINUTES #684 February 20, 1985 Page 5 BALLOT ISSUE Councilman Wilson asked Staff to look into timing of placing a question on the ballot regarding whether the residents would support a bond issue for a new Town Hall; their preference of a site for a new Town Hall and whether the Fire District needed to place a question on the ballot if they wanted to be included in a Town Hall complex. Councilman Wilson also volunteered to investigate the possibility of an architectural competition to design the new Town Hall complex. J . ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 10:30 P.M., sine die. ATTEST: ,,- TOWN COUNCIL MINUTES #684 February 20, 1985 Page 6 MlRUTES 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 7:40 P. M., Thursday, February 7, 1985, in the Del Mar School Music Room; Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Spratling, Wilson, Bergma~n, Coxhead, Smith ABSENT: COUNCILMEMBERS: None EX-OFFICIO: Town Manager Kleinert; Planning Director Hanna, Police Chief Bailey, Superintendent of Public Works Brunini; Assistant Town Clerk Hennessy c. PUBLIC QUESTIONS AND COMMENTS There were none. D. PUBLIC HEARINGS & BUSINESS ITEMS 1. TOWN HALL OFFICE AND MEETING ROOM SPACE IN SECOND LEVEL OF POINT TIBURON COMMERCIAL BUILDING (Recommendation by Coqncil) The Town Manager reviewed the Staff report which supported the relocation of Town Hall facilities to the Point Tiburon commercial area which would enable the Town to have an appropriate meeting room, Council Chambers and adequate facilities for Town Staff now, not in the distant future. It also did not foreclose on the Town pursuing a new; free standing facility in the future which could accommodate Fire, Police, Planning, General Administration and library services. The Town Manager stated the Town's current facilities were in need of major improvements to comply with the Uniform Building Codes and handicapped access requirements~ The Town Manager reviewed a letter presented by Innisfree representatives just prior to the meeting concerning their proposed dedication of office space to the Town. Their proposal consisted of the following basic points: (1) 7,200 sq.ft. of floor area; (2) a 25 year lease at nominal lease rate; (3) monthly common area maintenance costs of $1,440; (4) Town would pay any additional property taxes Which would result from the addition of 2nd floor to the already approved building; (5) lost ground floor revenue costs of $450 per month to be paid by Town, and (6) Town would pay construction costs of approximately $250,000. The Town Manager stated the Town desired an ownership arrangement and hot a lease arrangement. Hank Baker, Project Manager, stated the lease would be at a nominal rate of $1 per year; they were working with their tax people to finalize details; it would virtually be a dedication. Councilman Spratling asked if the broad parameters outlined in the letter would preclude a longer lease or creating a separate condominium parcel for dedication or negotiating for a lower allocation of expenses for common area space. Mr~ Baker responded that these figures were estimates and they were open to other possibilities; they needed to take into consideration the consequences to their lenders; they needed to maintain control of the second level to protect the businesses on the first floor. TOWN COUNCIL MINUTES #683 February 7, 1985 Page 1 Hank Baker used drawings displayed on the wall to outline the proposed location of the proposal~ In response to Councilman Coxhead~ the Planning Director reviewed the code violations of the current facility, i.e., (1) would be severely damaged in an earthquake, (2) electrical capacity is at maximum, (3) lacks one hour fire resistance construction, (4) bathrooms don't meet ventilation and electrical codes, (5) handicapped access is inadequate and current Council Chambers are not accessible and (6) there's no insulation and a great loss of energy around windows and doors~ Councilman Coxhead stated he was disappointed in the proposal and felt it was essential that the Town have a proprietary interest in the building. The Mayor opened the public hearing. Don Batten supported a free standing building at the current Town Hall site~ even Blackie's Pasture~ but not in the downtown area. In response to Beverly Schmidt~ the Town Manager stated that if another location was selected in the future for Town Hall, then the current site would probably be disposed of in order to finance the cost of the new building~ If the current site was chosen for Town Hall~ then the Town could borrow against its current equity in the property. Mrs. Schmidt supported the current location for a new Town Hall. The Town Manager stated the Town's Facility Needs Committee, appointed by the Council last year, was studying potential sites and would have their report in March. Bill Lukens, representing LCOTPOA, stated it was the general feeling that people didn't want the Town center in the Point Tiburon project and they had circulated a petition to demonstrate to the Council that they represented the pulse of the community. The petition stated: ! I 1/ IIResidents of the Town of Tiburon respectfully petition the Honorable Town Council as follows: 1. Whereas town offices for the Town of Tiburon are presently located on approximately three acres purchased for a town center; 2. Whereas the existing town offices provide a central location for police and town administrative services; 3. Whereas a town government should be free from the influences of developers; 4. Whereas the Innisfree Company has expressed interest in dedicating for public use~ approximately 5~000 square feet in a portion of the commercial section of the Point Tiburon project for use by the Town of Tiburon at a cost yet to be determined; 5. Whereas the portion of the Point Tiburon project which has been so designated would increase the density of the usable commercial space in the Point Tiburon project by an additional 5,000 square feet; 6. Hhereas'the Point Tiburon project already exceeds the represented density maximums. 7. Whereas the undersigned are concerned that the existing buildings in the Point Tiburon project and related traffic will drastically change the use and enjoyment of the downtown area and that undue congestion will be created; NOW, THEREFORE, the undersigned hereby request that the Town of Tiburon forthwith take such steps as may be necessary to restrict and/or abate any building Which exceeds applicable density and to restrict and/or abate any additional construction or use of the commercial portion of the project not to exceed the presently allowed 22~000 square feet; and that the Town not relocate its Town Hall into the Point Tiburon project without first obtaining the consent of the residents by a publicly held referendum. II TOWN COUNCIL MINUTES #683 February 7, 1985 Page 2 Mr: Lukens presented the petition signed by approximately 500 persons to the Mayor. Mr. Lukens expressed three additional points: (1) if the Town had a 25 year lease~ What would happen if the developer went bankrupt; (2) 5,000 sq: ft of density had been traded for additional condominium space, and if this space were not going to be used, the developer could reduce the height of the building to accommodate views and (3) the current Town Hall space was a legal non-conforming use which existed in other buildings in the area. Councilman Spratling stated the Town was powerless to reduce the height of. the building unless the developer made the request; the Town had signed a Development Agreement with the developer. Nat Marans supported raising money to build a new To~n Hall at the current location. Louise Teather suggested money spent on temporary quarters could be spent on a Master Plan for a new Town Hall on current acreage. Eric Schmidt read a definition of "dedication" and opposed moving into the development; he would support a new Town Hall at current location. The Mayor closed the public hearing. Councilman Coxhead expressed his disappointment in the proposal and hoped the Town could draw upon the support of the 500 persons who had signed the petition regarding future buildings for the Town. He had thought the offer as previously represented would have been an asset to the Town and it was incumbent upon the Council to evaluate that offer; he was not in favor of the current offer: Mayor Smith stated he too was disappointed in the offer and felt Tiburon deserves its own facility. Councilman Spratling expressed his concerns and disappointment at the final proposal; thought the issue was whether the Town Hall should be located on the second floor of space owned by Innisfree; agreed with concern of others that the Town would be identified with the developer; didn't think raising money and a bond issue would be as easy as suggested; glad about petition drive Which persuaded him the community doesn't want a Town Hall in someone else's building; thought the original proposal was worthwhile pursuing and investigating, but thought it should now be abandoned: Councilman Wilson was in favor of considering the idea further because the Town needed a comfortable meeting room and perhaps this space could be used as a conference center and not a Town Hall. Suggested starting immediately to raise money for a new Town Hall; thought a conference center could be leased by day to individuals and the Town could use it at night. Vice-Mayor Bergmann stated she was glad the Council had the opportunity to e~plore the proposal; was disappointed in the Innisfree offer; expressed concern that bond issues had a high failure rate and it wouldn't be easy to raise money for a new Town Hall. Councilman Spratling stated he had expressed initial interest in the proposal for Town Hall space if it had a public use directly benefiting members of the community and if it could be shown it didn't adversely impact the community; would totally oppose going after this space and using it to generate income. Mayor Smith stated he didn't think this space would be appropriate for a conference center; the idea had merit because it would have the least impact of all businesses the Town could attract. TOWN COUNCIL MINUTES #683 February 7, 1985 Page 3 Elmo DeMartini volunteered to help raise money for a new Town Hall. Hank Baker stated the commercial space approved was adequate for their needs. This was not Innisfree1s idea~ but that they had been approached by Town representatives to consider such a concept and they didn1t have much time to prepare a proposal. Councilman Spratling reiterated that the Town had approached Innisfree and although the Council was not accepting the proposal, he expressed_the Town1s appreciation for their time, effort an9 expense in preparing the_ proposal. E. ADJOURNMENT Being no further business of the Town Council of the 'Town of Tiburon, Mayor Smith adjourned the meeting at 9:20 P.M., sine die. \ TO~ffl COUNCIL MINUTES #683 February 7, 1985 Page 4 MINUTES row COUNCIL CALL ro ORDER Mayor Smith called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 P. M., Wednesday, February 6, 1985, in the Hilarita Community Room, Tiburon, California. A. BOLL 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, Deputy Town Engineer Strandgaard, Supt. of Public Works Brunini, Chief of Police Bailey, Finance Director Nadritch, Assistant Town Clerk Hennessy B. APPROVAL OF MINUTES There were none. C. APPOINTMENTS ro COMMISSIONS. BOARDS, OOMMITTEES 1. -.ooWN COUNCIL STANDING AND AD DOC OOMMITTEES (Review Current Appointments & Vacancies) Councilmember Wilson formally agreed to fill all Council Ad Hoc Committee vacancies created by the resignation of Councilmember S te in. The Mayor reviewed a letter received from Cynthia Gilbert which proposed Council form a standing ad hoc committee to work with the Chamber of Commerce to improve relations between Town officials, residents and merchants. The Mayor proposed this committee be named the Business Community Committee, in order for it to encompass all businesses, and the Mayor and one other Councilmember be appointed. Mayor Smith suggested Councilmember Coxhead serve on this Committee, and he agreed. MOTION: To approve formation of a standing ad hoc committee, named the Business Community Committee, and Mayor Smith and Councilmember Coxhead be appointed to serve. Moved: Wilson, Seconded by Bergmann Vote: AYES: Unanimous ABSENT: Spratling D. OOMMISSION AND COMMITTEE ORAL REPORTS There were none. E. PUBLIC QUESTIONS AND COMMENTS There were none. F. CONSENT CALENDAR Item #10 was added to the Consent Calendar. MOTION: To approve the Consent Calendar consisting of the following items: TOWN COUNCIL MINUTES #682 February 6, 1985 Page 1 2. FINANCE REPORT (December 1984) 3. CLAIM AGAINST TOWN (Patricia Burr - Recommend Denial) 10. SECOND UNIT (Status Report - Require Bond with Application) Moved: Wilson, Seconded by Bergmann Vote: AYES: Wilson, Bergmann, Smith NOES: Coxhead ABSENT: Spratling G. PUBLIC BEARINGS & BUSINESS ITEMS 4. BLACKIE'S PASTURE PRECISE PLAN (Consider Recommendations from Parks & Open Space Commission, Planning Commission and Design Review Board and Approve Precise Plan) The PlannJng Director reviewed the_.Sta,ff report. The proposed plan had been reviewed by the Parks & Open Space Commission, the Design Review Board and the Planning Commission and was being presented to the Council with their modifications. ije enumerated unresolved issues for Council's consideration which included: number of parking spaces, lighting, boat dock or launching facility and restroom facilities. The Planning Director presented an alternate plan proposed by Jim Malott which showed parking spaces in the trestle area, as opposed to parking near Greenwood Beach Road, and also showed the entrance to the park at the Trestle Glen intersection. Other suggestions from the Board and Commissions were to use turf block paving instead of asphalt; restroom facilities be located equidistant between Blackie's Pasture and McKegney Green; widen and enlarge drainage area; delete the originally proposed amphitheater and permanently close Greenwood Beach Road. The Design Review Board and Planning Commission recommended access to the park remain at Greenwood Beach Road. The Planning Director stated the Superintendent of Public Wqcks opposed use of turf block due to maintenance problems and the inability to properly stripe parking spaces; Staff also had reservations regarding closure of Greenwood Beach Road. In response to the Mayor, the Town Engineer stated sight distance around the Trestle Glen turn must be maintained; berming could interfere with sight distance and he proposed a requirement that sight distance must not be impaired. In response to the Mayor, the Planning Director stated the Planning Commission agreed with the Design Review Board and Parks & Open Space Commission that the trestle fill area could be reduced if fill were needed in another area; motor cross activity was not discussed. The Superintendent of Public Works stated that the overflow parking in Mr. Malott's plan was located over a major drainage channel and sewer line which would prohibit maintenance; he receives complaints that sports cars have sight distance problems due to weeds growing along the Trestle Glen curve; it is impossible to have a maintenance free landscaping plan. The Town Engineer stated that CAL/TRANS would design the sight distance easement and the Town would not be allowed to place anything that would hamper the sight distance; if the creek was covered, it would be impossible to maintain; there were problems keeping the culvert open; the existing Greenwood Beach Road was the old state highway and had 2' of sub-base; the Town should use as much of existing solid rock as possible. The Deputy Town Engineer stated that turf block was more expensive to construct and maintain due to the need to mow grass between turf blocks and shifting of blocks. The Town Engineer recommended commuter parking be close to the bus stop. TOWN COUNCIL MINUTES #682 February 6, 1985 Page 2 Mr. Malott stated the existing trestle area causes sight problems and should be graded. The Police Chief responded that the trestle berm has never been the cause of an accident. Mr. Malott stated Tiburon Boulevard generates a lot of noise and speed; the original plan indicated most of the parking in the Greenwood Beach Road area; the pond was essential; drainage had to be improved through Blackie's Pasture for the Belveron area; bike trails could be changed; from the Greenwood Beach neighborhood standpoint, there are 250 bikers using their street on weekends and children use it to commute to Bel Aire School; he had tried to use the heart of the space for passive recreation; keeping the pond area for drainage and utilizing parking facility as a buffer against traffic; there are three different neighborhoods concerned about the plan, i.e., Greenwood Beach Road, Be~veron homeowners who don't want overflow parking, and those who look down on the park, who don't want a lot of asphalt; the latter concern led to the suggestion of turf block; suggested flexible parking areas; handicapped parking needed to be provided; bike path could be used to service the sanitation pump; small service road to service permanent pump station in th~ Greenwood Beach Road area; nobody wanted a boat launching ramp; hand carried boats, i.e., windsurfing boats, were not considered to be a hazard. The Mayor expressed appreciation to Mr. Malott for the time and effort he had put into the plan. The Town Engineer stated the Town was under contract with CAL/TRANS and they were proceeding with traffic designs for signals at Trestle Glen intersection; if there were to be changes CAL/TRANS should be notified immediately; CAL/TRANS would provide crossings for pedestrians and the Town was obligated to provide a path leading to the bus stop; signals were anticipated to be installed by the Spring of 1986. The Town Manager stated that Phyllis Ellman and Elizabeth Terwilliger had indicated to Staff that the fill area was a natural resource and some plan should be utilized because it is such a beautiful area: Mr. Rupert Jernigan had expressed interest in an area being set aside for training dogs. Mr. Malott stated the dog training area had been rejected by the Board and Commissions and he stated the area was now barren except for garbage which is forming a drainage problem. The Town Engineer stated the pond would be used for flood control and also as a habitat for ducks. The Mayor opened the public hearing. Don Tayer, 10 East Terrace, objected to the assumption that the Town needed so much parking; Blackie's Pasture was purchased and contributed to the Town by Sam Shapero and currently consisted of 6.24 acres; over one acre was being proposed for parking: he had prepared a brief history of actions taken by different Commissions since February 10, 1972 when the Parks & Recreation Commission hired a consultant to prepare a detailed plan for the area; from 1972 to 1978 the P & R Commission had stated parking should be kept to a minimum; suggestions had been made for 75-80 parking spaces wfth additional special event parking: amazed the Town would propose parking dominating the plan; Mr. Malott's proposal was consistent in that parking should be minimized and along the roadway, except for the number of parking spaces; Sam Shapero did not want a parking lot in Blackie's Pasture; suggested resident stickers could be provided to avoid overflow parking in adjacent neighborhoods if this becomes a problem; bus stop could be moved; as a resident of the Reedlands, that community didn't look favorably at looking at a parking lot; history of the consideration of this area supports the view that 75 cars should be adequate to serve the needs of this community. TOWN COUNCIL MINUTES 1682 February 6, 1985 Page 3 Forest Morphew, Greenwood Beach Homeowners Association, stated they were concerned and objected to the best park lands and open space being assigned to parking spaces; concerned with night illumination; suggested utilizing Tiburon Boulevard street lights and not installing additional lights; proposed relocation of the traffic signal at Trestle Glen back to Greenwood Beach Road; requested Council to consider the proposal prepared by Jim Malott. In response to Councilman Coxhead, Mr. Morphew stated that when the Richardson Bay Sanitation plant property becomes surplus a decision will be made of how to dispose of it; the Greenwood Beach Road pumping station was permanent. Betty Yoder stated the-Park & Open Space Commission had recommended 224 parking spaces based on counts taken by the Police Department; people come with skates, binoculars, carriages and bikes and if parking isn't provided, a dangerous situation will be created with people crossing Tiburon Boulevard; use of the area has changed drastically over the years because of the running craze; there needs to be an area for the handicapped; safety of children must be considered. Phil Richardson suggested realigning bike path closer to parking area; in favor of entrance being located at Trestle Glen; berms would provide screening from the road and designed so it doesn't affect line of sight; parking should be adequate and turf block would look better; opposed dog run in this area. Mary Terrell, No. Terrace, thought entrance at the signal at Trestle Glen would be hazardous. Wayne Snow, representing the Belveron Homeowners Association, preferred Greenwood Beach Road entrance; suggested parking on the right side of the park; parking on the left would create a visual impact; resident parking stickers would not eliminate the p~oblem of people parking in their neighborhood and would create an additional burden for the Police Department; favored turf block; would CAL/TRANS regulate visual aspects; concerned about noise. Janet Fox, 3 Mercury, concerned the ditch not be interferred with; sight lines; entrance at Trestle Glen would increase potential traffic problems; concerned about overflow parking; making the area too visually pleasing will increase use; thought all the neighborhoods should share parking; Objected to any additional lighting. Mike Savage preferred Trestle Glen Blvd. entrance and supported Mr. Malott's plan. Ann Ross, Reedlands, stated she believed almost everyone in her area would oppose night lighting; thought night usage would be opposed; suggested a chain be used to prevent parking at night; objected to assumption that Greenwood Beach Road was permanently closed; 200 additional homes would be built in the vicinity- when Ring Mt., Vista Tiburon, Highlands, Perini and LaCresta developments were completed and would have a tremendous impact on Blackfield Drive if Greenwood Beach Road were kept closed. Eric Schmidt was concerned about the dream of many residents to have a park with"as much open space as possible for beauty and planting and favored Mr. Malott's plan. Suggested zoning for this area be changed as soon as possible. John Hoffmire, representing the Tiburon Peninsula Foundation, stated Sam Shapero was founder of the Foundation and donated 1/3 of Blackie's Pasture and the Foundation purchaed additional property with the condition that Sam Shapero be recognized. Jim Malott, Planning Commissioner and resident of Greenwood Beach Road, reviewed his plan. TOWN COUNCIL MINUTES 1682 ruary 6, 1985 Page 4 Dan Zelinsky suggested a pedestrian overpass. Nat Marans stated he didn't think closing anyone particular road is doing the general public any good; increase in parking would increase usage; asked Council not to encourage an open park for Marin County: suggested a moderate number of spaces for the community. The Mayor closed the public hearing. Mayor Smith stated he had been working on a plan for Blackie's Pasture for the past seven years and suggested a committee composed of the Chairman of the Planning Commission, Parks & Open Space Commission, Design Review Board, Town Engineer, Planning Director and himself meet to discuss opinions expressed and formulate a revised plan to be presented to the Council. He hoped to have the Precise Plan approved by April 15. Vice-Mayor Bergmann suggested 150 maximum parking spaces aligned along Tiburon Boulevard on both sides of Greenwood Beach Road; leave park open for park space; lower trestle to improve sight lines; thought trestle was an eyesore and would be improved if given a gentle grade; move parking away from the culvert; place berming or trees along Tiburon Boulevard where they won't impair sight lines: handicapped parking spaces as legally required; opposed turf block as too expensive and hard to maintain with limited revenues; in favor of clearly defined, striped parking spaces; nothing should impair the natural bird habitat; Audubon is a community resource and helps to protect Richardson Bay; not in favor of changing the signalization or entrance: pedestrian path will be provided in conjunction with the signalization project; safety, vandalism and maintenance of toilet facilities must be considered: would express interest in sewer plant property if and when it becomes available; didn't favor any organized activities such as park benches, barbeques, volley ball courts. Councilman Wilson stated he would like to see professional input on hydrolics before the shape of the area is determined; favored idea of rerouting bike path to provide access to parking; incremental plan for parking; agreed with parking and screening along Tiburon Boulevard with berming and sight line restrictions. Councilman Coxhead agreed with previous statements; interested in paved parking restricted to 50 vehicles with an area set aside for overflow parking to accommodate 150 vehicles on well compacted soil with drainage facilities; not in favor of wind surfing or water sports unless permission were granted from the wildlife society. In response to the Mayor, the Town Engineer stated it took years to convince CAL/TRANS to move the signalization project to the Trestle Glen area; the Town pays for installation and design and if there was any interest in making a change, the Council must make an immediate decision; the pond needed controlled elevation of water; he explained the effect of tidewater and siltation problems. In response to Councilman Coxhead, Mr. Hoffmire stated a memorial plaque to Sam Shapero would be appropriate; the Planning Director stated the original Master Plan of 1982 showed a memorial at the entrance of Greenwood Beach Road. 8. Ltr. from Town Engineer, dtd. 1/25/85 Recommending Termination of Tiburon Boulevard Improvements Contract with M.J.M. The Town Manager reviewed a letter from the Town Engineer requesting the termination of the contract with M.J.M. Engineering. The Town Engineer summarized his concerns as expressed in the letter; he had a long list of non-compliance TOWN COUNCIL MINUTES 1682 February 6, 1985 Page 5 with the contract; the Town had received claims from sub- contractors in excess of $300,000 for non-payment; that the contractor had informed him on Friday he was filing Chapter 11 bankruptcy proceedings; contractor had not been on the job site since January 15; didn't think contractor could successfully complete the work; he had submitted a punch list of over 200 items to be repaired and corrected; the Town had enough money to complete the jOb without money from the bonding company, but did not have enough money to pay the sub-contractors; the Town had already paid the contractor for the sub-contractors work; the total amount approved for payment was $786,891. The Deputy Town Attorney stated the contract requires a seven day written notice of termination. The Mayor. opened the public hear ing. Mike Hopton encouraged Council to do something to correct the situation and get the project completed as quickly a~ possible. Rose Sharp, Ark Row merchant, strongly supported Mr. Hopton's comments. MOTION: To authorize termination of contract; authorize Town Attorney to get bonding advice; authorize Town Engineer to take possession of the project and finish the work as he deems appropriate. Moved: Wilson, Seconded by Bergmann Vote: AYES: Unanimous ABSENT: Spratling 5. 1984-85 BUSINESS LICENSE AND TRANSIENT OCCUPANCY TAX PROGRAMS (Status Report and Recommendations) The Finance Director reviewed the Staff report which made four recommendations: 1. Reduce the gross receipts percentage fee schedule for specific high volume, low profit margin businesses, i.e., supermarkets. 2. Replace present fiscal year business license program with a calendar year business license program. 3. Defer implementation of the Town's business license program for the Cove Shopping Center and other businesses in the newly annexed area to July 1, 1985 and direct Staff to contact each of those businesses and advise them accordingly. 4. Authorize payment of $3,000 to the Tiburon peninsual Chamber of Commerce to be funded from the Town's Transient Occupancy Tax revenues with the understanding that this is a one time appropriation only. The Mayor suggested that the proposed reduced fee schedule in recommendation 11 didn't offer much relief and suggested it be further considered by the Finance Committee. The Mayor opened the public hearing. Mike Hopton asked for consideration of the video game tax, and the Mayor agreed it would be considered. Steve Sears, President of Chamber of Commerce, stated since the fee was based on gross receipts, perhaps other methods could be used because some businesses did operate on low profit margins; the Chamber was producing a Tiburon brochure for visitors to promote business in downtown Tiburon; they were short money to complete the project and would use the donation for this project which in turn would increase sales tax revenue for the Town. The Mayor closed the public hearing. TOWN COUNCIL MINUTES 1682 February 6, 1985 Page 6 Council agreed that the Finance Committee would give further consideration to recommendations 1, 2 and 3. MOTION: Authorize $3,000 contribution to Chamber of Commerce to be funded from the Town's Transient Occupancy Tax Revenues with the understanding that this is a one time appropriation only. Moved: Wilson, Seconded by Bergmann Vote: AYES: Unanimous ABSENT: Spratling 6. ENCROACHMENT PERMIT (Gate on Right-of-Way 2310 Spanish Trail) The Planning Director reviewed the Staff report. The Design Review Board had grant~d approval for two gates to be located at the top of the driveway and stairs-at 2310 Spanish Trail. An encroachment permit is required because the proposed gates will be on the Town right-of-way. A number of concerned citizens have expressed concern because the driveway has apparently been used for many years as a pedestrian walkway. Staff can find no evidence of a recorded pedestrian easement and sought Town Attorney's advice which was attached to Staff report. Staff recommended holding public hearing, consider testimoney and evidence and grant an encroachment permit. A letter from Anne Drew, 2345 Spanish Trail Road, was received objecting to the closure. In response to the Mayor, the Town Manager stated this trail was suggested as an official trail but not designated as such on the maps composed by the Town in 1977. The Mayor opened the public hearing. Jerome Bernal, 2310 Spanish Trail, stated his reasons for wanting to put up the gates were for privacy, safety and to prevent vandalism. He stated usage of the path begins at 7:30 a.m., distrubing their privacy; driveway is very steep which is hazardous; children come down the hill on bikes and roller skates; didn't want to be liable for someone getting hurt; signs have been removed; planter box removed and plants and branches broken; didn't mind an occasional person coming through his property, but objected to people using his property as a convenience. Dave Teather, representing LCOTPOA, read a letter written by Louise Mirata, 50 year resident of the area, who stated she had a parcel map of 1932 which identified an easement off Vista del Mar Lane that connected with Vistazo East (now called Spanish Trail); that the public has consistently used this path for 50 years; encouraged the Town to continue to identify lanes and paths in order to preserve them for the future. Ann Drew, publicly apologized to Mr. Bernal because she erroneously stated in her letter that he had canvassed 25 residents. Ms. Drew read a letter from Patricia Bertrand, -2323 Spanish Trail, which corroborated the fact that this path was used since the early 1930's and urged Council not to allow closure. Ms. Drew also presented the Assistant Town Clerk with letters from B. Tom Green, 2349 Spanish Trail, and Thomas R. Vaughan, M.D., u~ging path to be left open. Phil Bass stated the lane has been open for the 20 years he has been a resident; found it extremely charming and one of the objectives of the Town was to identify, develop and connect lanes and trails throughout the community. He recommended a decision be deferred and the applicant be invited to meet with neighbors in order to reach a compromise. Mr. Bernal stated he contacted the former owner, Alison, who stated to her knowledge it was never a public thoroughfare; Mr. Bernal reiterated his concerns regarding privacy and liability. TOWN COUNCIL MINUTES #682 February 6, 1985 Page 7 Councilman Wilson proposed the Town continue the trail planning, mapping and completing connections which had been started years ago; asked Staff to study what funding would be available to purchase this easement; suggested Committee be formed to work out a compromise with Mr. Bernal. Mayor so directed Councilman Wilson to meet with Staff, LCOTPOA representatives and Mr. Bernal and report back to the Council. 7. ENCROACHMENT PERMIT (Deck on Right-of-Way 80 Main Street) Planning Director reviewed the Staff report. The deck encroaches on Town right-of-way. In response to Vice-Mayor Bergmann, the Planning Director stated the project started as a deck re- construction, but it was determined the new deck was inconsistent with previous deck and th~ project. was sent to the Design Review Board for approval. The Mayor opened the public hearing. Nat Marans objected that a precedent was being set for outdoor cafe decks. The Mayor closed the public hearing. In response to Vice-Mayor Bergmann, the Planning Director stated it was a condition of the Conditional Use Permit that the number of tables and their location be limited and this still applied. Councilman Coxhead noted that a petition had been signed by over 100 persons in favor of the outdoor deck; that the 5 - 5 1/2 foot sidewalk was wider than most along Main Street; he urged Council to grant encroachment permit. Councilman Wilson agreed. Superintendent of Public Works Brunini recommended denial based on private individuals using public right-of-way for their own compensation; Town is not being compensated for this use. The Mayor stated he felt they were serving a public use. Gene Marans opposed the use of the sidewalk area. MOTION: Moved: Vote: Council subject Wilson, AYES: NOES: ABSENT: grant a revocable encroachment permit for application Seconded by Coxhead Wilson, Coxhead, Smith Bergmann Spratling B. OOMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS 9. Crossing Guard Request - Bel Aire/Reed Parent Teacher Club The Town Manager stated this was an information item at this time and would be given consideration during budget hearings. Barbara Mathew, President of Board of Trustees of RUSD, stated there was a genuine need to improve safety at school crossing locations. Richard Rosenthal, District Trustee, stated there was a lower age group crossing at Del Mar School and Bel Aire School has a tremendou~' amount of cars. There was a brief discussion regarding Town's responsibility and the School District's responsibility. The Town Manager stated each crossing guard costs approximately $3,000 and the Town is currently paying for two such guards at areas not covered by traffic signals and crossing Tiburon Bouelvard. TOWN COUNCIL MINUTES #682 February 6, 1985 Page 8 Discussion continued regarding using the older children as crossing guards; Police Chief stated the children ignore the traffic signals. The Mayor assured Ms. Mathew and Mr. Rosenthal that the Town would give the request serious consideration during budget hearings. J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 11:45 P.M., to Thursday, February 7, 1985 at 7:30 p.m., Del Mar School Music Room to consider proposal to acquire Town Hall office space and meeting room facilities at Point Tiburon commercial building. ATTEST: R. TOWN COUNCIL MINUTES #682 February 6, 1985 Page 9 MINUTES TOWN OOUNCIL CALL TO ORDER Vice-Mayor Bergmann called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 P. M., Monday, January 7, 1985, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: OOUNCILMEMBERS: Spratling, Wilson, Coxhe~d, Bergmann ABSENT: COUNCILMEMBERS: Smith 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 1677, December 5, 1984 MOTION: Moved: Vote: To approve Minutes 1677 as submitted. Wilson, Seconded by Spratling AYES: Unanimous ABSENT: Smith 1678, December 13, 1984 MOTION: Moved: Vote: To approve Minutes 1678 as submitted. Spratling, Seconded by Wilson AYES: Unanimous ABSENT: Smith C. APPOINTMENTS TO OOMMISSIONS. BOARDS. OOMMITTEES There were none. D. OOMMISSION AND OOMMITTEE ORAL REPORTS There were none. E. PUBLIC QUESTIONS AND OOMMENTS There were none. F. OONSENT CALENDAR Item 5 was removed for discussion. MOTION: To approve the Consent Calendar consisting of: 1. FINANCE REPORT (October 1984) 2. CLAIM AGAINST TOWN (Robert West, Recommend Denial) 3. CLAIM AGAINST TOWN (Christopher Layton, Recommend Denial) 4. ACCEPTANCE OF GRANT DEED (Tiburon Peninsula Club - Resolution No. 2278) Moved: Vote: Wilson, Seconded by Coxhead AYES: Unanimous ABSENT: Smith TOWN COUNCIL MINUTES 1679 January 7, 1985 Page 1 G. PUBLIC HEARINGS & BUSINESS ITEMS 5. REQUEST FOR EXTENSION OF MASTER AND PRECISE PLAN FOR 7 WILKINS COURT Councilman Coxhead noted Staff had asked whether an abbreviated procedure would be appropritate for this application, and he agreed. Councilman Spratling agreed pertaining to this specific application, but stated it was his opinion that most modifications of a building envelope should go back to the Planning Commission and the Town Council. MOTION: To grant a one-year extension of the Precise Plan approval; to require the applicant to obtain approval of surrounding neighbors and based upon this approval to direct the filing of the revised Parcel Map. Moved: Spratling, Seconded by Wilson Vote: AYES: Unanimous ABSENT: Smith 6. PERINI DEVELOPMENT MASTER PLAN (Reed Ranch Road & Trestle Glen Boulevard - Ordinance, 2nd Reading) Council agreed to incorporate Item 11, BELVERON GARDENS DRAINAGE IMPROVEMENTS AND STREET REPAIRS (Oral Report from Town Engineer) into their discussion of the Perini Development because of its relevance to the application. The Planning Director reviewed the application, the changes in the plan and changes made at the first reading of the proposed Ordinance. He stated the Plan would be modified at the Precise Plan stage to show the range of building envelopes as outliQed in the proposed Ordinance, including a view corridor of open space in the area of lots 3 through 5 and a possible modification of height limits for lots 32, 33 and 34. The Planning Director asked the Council to discuss paragraph 8 and 9 which had been reworded by Staff. The Town Engineer used an aerial map to discuss his recommendation for improvements in the Belveron drainage system which he felt were necessary regardless of whether the Perini property was developed. He defined the three water sheds and the current direction of the flow of water and made three recommendations in order of priority which would alleviate the situation: (1) to make adequate the waterway from the Bay to the entrance to Belveron Gardens through Blackie's Pasture area, (2) lining the channel at the intersection of Tiburon Boulevard and Juno Avenue and along Juno and (3) intercepting water at culvert at 57 Mercury Avenue and diverting water from watershed B2 to Bl. Mr. Bala also enumerated other necessary minor improvements. The Town Engineer estimated the total cost of the improvements to be approximately $500,000, with an additional $36,000 for concreting the ditch. The Town Engineer stated that there is substantial erosion on the property opposite Belveron Gardens along Trestle Glen Blvd. which is carrying sil~~ When this property is developed, the ditch should be concreted. Mr. Bala gave a report on the condition of the streets, curbs and gutters. He stated there has been subsidence and trees have pushed the curbs and gutters up which prevents water from flowing properly; streets have been overlaid three times and the entire length of curbs and gutters should be replaced for proper drainage; overlaying streets again would cause a problem with cars dragging on driveways; he estimated repaving and new curbs and gutters would cost approximately $660,000. He urged further discussion and study of this matter. TOWN COUNCIL MINUTES 1679 January 7, 1985 Page 2 Regarding the proposed subdivision, the Town Engineer stated the drainage is currently inadequate and consequently adding water to it cannot be done. He felt priorities 2 and 3 would deal mostly with maintenance, but not capacity. Priority II would be sufficient for capacity for current and proposed developments. In response to the Superintendent of Public Works, the Town Engineer stated that some trees would have to be removed to prevent damage to the new repairs. The Vice-Mayor opened the public hearing. Al Curtis, 14 Apollo Road; questiQned when repairs would be completed on the curbs and gutters and requested it be done as quickly as possible without too much cost. Peter Brekkus, attorney, representing a few of the Belveron Homeowners, presented a letter to Council which objected to construction on lots 24 and 25 of the proposed development and suggested changes in the proposed ordinance concerning the developer's drainage obligations. The letter requested the developer should be "obligated to revamp the whole system from the site to the bay" in reference to the drainage problems. The Vice-Mayor closed the public hearing. After discussion amongst the Council, the developer represented by Ms. McCart, Mr. Brekkus and Staff, the proposed ordinance was modified to reflect the following wording: Section 2. 2. A Precise Plan and Tentative Map shall be submitted wh~ch shall show screen planting and landscaping for the project, and shall include the precise configuration of and a three- dimensional building ..... 8. The EIR notes the existing drainage problems in the Belveron watershed and the necessity to correct the Belveron drainage facilities prior to construction activities on the site. The applicant shall correct the drainage facilities adversely impacted by the project, either by (1) construction of necessary improvements to said facilities or (2) by contribution of the cost of necessary improvements or; (3) by a combination of (1) and (2). At the time of the Precise Plan/Tentative Map hearing a formula shall be determined for the reimbursement of construction performed or 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 either (1) are completed or 2) are guaranteed and will be constructed prior to the commencement of increased runoff as a result of the project. 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 the Town will exert its best efforts to consider and act upon such phases of the Precise Plan and Tentative Map within a period of 90 days following Town acknowledgement in writing that the submittal by the applicant is a complete Precise Plan and Tentative Map application. 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 TOWN COUNCIL MINUTES #679 January 7, 1985 Page 3 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 of a grading permit. The plan shall include adequate measures to control erosion and drainage during construction so as to prevent any damage to public or private property as a result of the project. 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. 22. The Precise Plan and Tentative Map shall include: a. A plan to eliminate undersirable plant species as identified in the EIR from the property. b. Measures to prevent access by unauthorized vehicles onto open space areas on the site. Maureen Broderick, 61 Reed Ranch Road, requested that Section 2, Item l.a be changed from a density of 5 to 6 parcels to 4 to 5 parcels. Council responded that this question had been thoroughly discussed at a previous meeting and the density remained the same. Peter Brekkus requested that Section 2, Item l.c be changed from a density of 17 to 19 parcels to 15 to 17 parcels in accordance with their concern regarding two lots with slide problems. The Council agreed that this question had been thoroughly discussed previously and the density remained the same. MOTION: Moved: Vote: To read by title only. Spratling, Seconded by Wilson AYES: Unanimous ABSENT: Smith Vice-Mayor Bergmann read ORDINANCE NO. 297 N.S., AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PERINI MASTER PLAN. MOTION: To approve second reading and adopt the aforementioned ordinance. Moved: Spratling, Seconded by Wilson Vote: AYES: Spratling, Wilson, Coxhead, Bergmann NOES: None ABSENT: Smith 7. MUNICIPAL GIFT CATALOGUE (Preliminary Layout for Consideration) Tamara Wickland, Administrative Intern, reviewed the Staff report. Council had approved implementation of a Tiburon Municipal Gift Catalogue which would illustrate, describe and itemize specifiq Town needs that members of the public may contribute towards. Ms. Wickland introduced Gwenn Terpstra, Graphic Designer, who presented Council with a preliminary layout. The layout was designed to be sophisticated, elegant and impressive. Photos will be taken by Phil Molten and there will be four categories of merchandise: environment, safety, recreation and administration. The size would be 8 1/2 X lIon high quality glossy stock with two tone color. The budget for production was $2,500. Councilman Spratling suggested on insert coupon for ordering rather than cutting the brochure, but it was agreed this would add to the cost. TOWN COUNCIL MINUTES #679 January 7, 1985 Page 4 The Mayor closed the public hearing. MOTION: To deny the appeal and uphold decision of the Design Review Board with additional condition that the tree be cut below the roof level and maintained to preserve Dr. Palubinski's view and windowed to benefit Mr. Bonbright's view. Moved: Wilson, Seconded by Spratling Vote: AYES: Unanimous ABSENT: Smith H. OOMMUNICATIONS. STAFF _.AND TOWN MANAGER lTEMS 10. TIBURON BLVD. & PALMER DRIVE .(Letter from Town Engineer, dated 12/3/84, Re CAL/TRANS Providing Shoulders ~n This Area) The Town Manager reviewed the Town Engineer's letter. MOTION: To adopt the Town Engineer's recommendations and formally ask CAL/TRANS to provide adequate shoulder in this area. Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous ABSENT: Smith 12. TIBURON BLVD. & STEWART DRIVE INTERSEC'l'ION IMPROVEMENTS (Preliminary Design) The Town Engineer reviewed tentative drawings which have been sent to CAL/TRANS and approved as preliminary drawings. The proposal would provide proper lanes regarding width, storage capacity in storage lane, as well as bus stop. There would ,also be conduits installed for future traffic signals and a minor retaining wall to provide for sidewalk and bus shelter. With Council's approval, the Town Engineer would complete construction drawings. The payment for these improvements would be paid out of the Traffic Improvement Fund. Council asked the Town Engineer to notify adjacent neighbors of the proposed plans. MOTION: After the Town Engineer contacts the four impacted neighbors, he proceed with construction drawings. Moved: Spratling, Seconded by Wilson Vote: AYES: Unanimous ABSENT: Smith ~IBURON HILL ESTATES HOMEOWNERS ASSOCIATION MEETING The Town Manager invited Council to attend an orientation meeting with members of the Tiburon Hill Estates Homeowners Association on January 21 at 7:30 p.m. in their Recreation Room. BEL AIRE HOMEOWNERS ASSOCIATION The Town Manager was endeavoring to set up a meeting with this association for the last week in January and would inform Council when a date was set. POINT TIBURON The Town Manager reviewed the four items The Innisfree Companies wished to discuss with Council at a special workshop meeting on January 14. It was decided the matter of covered garage spaces would be heard at the next regular meeting of the Town Council. TOWN COUNCIL MINUTES #679 January 7, 1985 Page 6 NEXT REGULARLY SCHEDULED OOUNCIL MEETING Council agreed to cancel their next regularly scheduled meeting of January 16, 1985 due to lack of a quorum, and rescheduled this meeting to Tuesday, January 22, 1985, 7:30 P.M., Hilarita Community Room. TIBURON VISTA TOWN HOUSES LAW SUIT The Town Manager stated a:settlem~nt had been reached which included final dismissal of the Town of Tiburon contingent upon working out a settlement. The insurance company claim's adjuster recommended the Town contribute $1,750 to costs as asked by Stephen Fraser, attorney for Marbella. Council agreed to pay the $1,750. J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Vice-Mayor Bergmann adjourned the meeting at 10:35 P.M., to Monday, January 14, 1985, 7:30 P.M., Del Mar School, Music Room to discuss possible changes in the Point Tiburon project. ~G~ Town of Tiburon TOWN COUNCIL MINUTES #679 January 7, 1985 Page 7 D. OOMMISSION AND OOMMITTEE ORAL REPORTS FINANCE/REDEVELOPMENT COMMITTEE Councilman Spratling reported that he and Mayor Smith had twice met with the developer of Point Tiburon to discuss the manner in which Redevelopment funds might be applied to the costs of public improvements in the Point Tiburon Project. The Town had entered into a Development Agreement with The Innisfree Companies in early 1984 in which the Town pledged good faith efforts to enter into negotiations with the developer as to how the tax increment from the. Redevelopment Agency might be applied towards the public improvements which the developer was required to install as conditions of the Master Plan. Councilman Spratling enumerated methods that the tax increment from the Redevelopment Agency could be distributed to the developer for the purpose of paying for these public improvements. (1) for the developer to put up the funds and use the income stream from the tax increments to pay himself off; (2) for an investor to do the same thing; (3) for a company or the Town to issue Redevelopment Bonds and (4) establishing an assessment district. All of these aforementioned methods had limitations. A fifth method is to establish a Community Facilities District and the developer has requested the Town to proceed with establishing this Community Facilities District. This involves setting an amount of money to be raised by the District and the income stream from the Redevelopment Agency would go towards offsetting the cost of those who pay for the District. The costs to the Redevelopment Agency would be the same regardless of which method is used. The Finance Committee was reluctant to set a dollar amount to be raised by the Community Facilities District based purely on the representations of the developer, and the developer agreed., The Finance Committee recommends the Council select and retain an independent auditor to engage in an audit of the Developer's books; based upon the audit of the Developer's books and the cost of the improvements, the Council use that information to assist the Council in setting an amount for the CFD. The cost of the auditor will be reimbursed by the developer. MOTION: To authorize the Town Manager to select and propose a project to an independent auditor to begin an audit of the developer's books immediately with respect to the costs of the public improvements and the amount of funds required; costs of this audit to be reimbursed by the developer. Moved: Spratling, Seconded by Bergmann Councilman Coxhead stated he had no reason not to be in favor of the motion, but had not received prior information from the Committee and would abstain. Councilman Spratling stated the Committee recommendation to conduct an audit would be at no cost to the Town and after the figures were secured there would be public discussion. Councilman Spratling responded to questions from Steve Wanat regarding the boundary of the proposed District; who would pay the assessment; 'boundary of the Redevelopment Agency; use of public funds as agreed upon by the Fiscal Review Committee of Marin County and and other taxing agencies. Ann Ross asked for a breakdown of the costs of public improvements. Vote: AYES: Spratling, Wilson, Bergmann, Smith ABSTAIN: Coxhead E. PUBLIC QUESTIONS AND OOMMENTS There were none. TOWN COUNCIL MINUTES #681 January 30, 1985 Page 2 F. OONSENT CALENDAR MOTION: To approve the Consent Calendar consisting of the following items: 1. POLICE REPORT (November & December 1984 and Year End Annual Comparison) 2. FINANCE REPORT (November 1984) 3. FAU PROGRAM ADOPTION OF 1985-86 FIVE YEAR PROGRAM - Resolution No. 2280 4. CLAIM AGAINST TOWN (Frank Howard Allen & Co., and Wm. Cussen - Recommend Denial) 5. CLAIM AGAINST TOWN (Barry J. Valentino - Recommend Denial) 6. CLAIM AGAINST TOWN (Jonathan Kellen - Recommend Denial) 7. CLAIM AGAINST TOWN (Fireman's Fund Insurance Co./Virgil Hollis - Recommend Denial) 8. AMENDING RESOLUTION OF INTENTION (LaCresta - Resolution No. 2281) 9. OFFER OF DEDICATION (Accepting Mount Tiburon Street as a Public Street for Future Maintenance) 10. ACCEPT AUDIT REPORT FOR METROPOLITAN TRANSPORTATION COMMISSION ALLOCATIONS (7/1/81 to 6/30/84) Moved: Spratling, Seconded by Wilson Vote: AYES: Unanimous G. PUBLIC BEARINGS & BUSINESS ITEMS 11. PRECISE PLAN AMENDMENT - POINT TIBURON PROJECT (Request for Covered Parking Spaces) The Planning Director reviewed the Staff report. Applicant, is requesting nine (9) additional garage structures to enclose 33 uncovered parking spaces. This application was approved by the Design Review Board with two conditions regarding landscaping and subsequently approved by the Planning Commission. Staff recommends approval of six of the structures, but has reservations regarding the three structures along Mar West unless further revisions of the proposed plan are submitted to mitigate the tunnel effect created by the current siting. Hank Baker, Project Manager, showed slides to illustrate the current plan and the proposed plan. He stated 8' ash trees would be planted which would grow to 25-30' in height. In response to Councilman Spratling, the Planning Director recommended the three structures on Mar West be repositioned to allow a more open corridor which would lessen the tunnel effect. Discussion ensued regarding the architectural design of the garages; the 12 1/2' height and the possibility of reducing the apparent height without creating a flat roof. The Mayor opened the public hearing. Warren Callister suggested some variation in height might add interest from the viewpoint of the street. The architect for Innisfree, stated the front of the garages need to be the same height, but the vertical lines could be reduced; the material for the garages roofs would be the same as the buildings. Discussion ensued regarding the location of the structures and their distance from Mar West Street. Steve Wanat objected to the proposed plan. In response to Robert Ross, Reed Ranch Road, Hank Baker stated the developer had two reasons to request the change: (1) the proposed structures covered more cars and could be landscaped TOWN COUNCIL MINUTES #681 January 30, 1985 Page 3 which would make it more favorable to look at, and (2) people living in the Project would prefer to have garages. He stated it was a combination of aesthetics and a benefit to the Project. Bill Lukens, representing LCOTPOA, stated it was their opinion that the additional garages would increase the density of the Project even though the original garages were not calculated as part of the density; stated it was unfair to allow the developer greater lot coverage than individual residents. Joan Burgsund stated she assumed the additional garage strucutu~es were for guest parking and she objected to the proposal on the basis that it was not a benefit to Tiburon and added to the density of the Project. In response to the Mayor, the Planning Director stated the Town's Zoning Ordinance required 1.5 parking spaces per unit. Hank Baker stated the Project had 2.5 parking spaces per unit in the Bayside units and each of these proposed garage spaces would be assigned to a specific unit. The Planning Director responded to Louise Mirata regarding rules and regulations for reconsideration of a proposal. Mrs. Mirata objected to the tunnel effect along Mar West. Bill Lukens read an excerpt from "Argument in Favor of Measure B", which referred to the referendum passed in 1980. He stated the message was that only 7.5% of the land would be covered, and the proposed addition of garages would be a substantial addition; he also expressed the feeling that people would drive their cars away from the area during the day and the open spaces were more desirable than covered garages. In respone to Councilmember Bergmann, Mr. Lukens stated the sensitive issue were the garages along Mar West, but they were against any more structures. Mary Terrell asked the lot coverage of the Project, and stated she felt the covered garages should be included in the lot coverage. Ann Ross asked for a calculation of lot coverage. Councilman Spratling responded that the Town Engineer has been asked to make sure all buildings are built in accordance with the Master Plan. The Town Engineer stated square footage calculations are misleading because you need to count the Marsh Area and the water in the Bay as open space; that if the Project is considered without the park and open space areas, it will appear dense. Councilmember Spratling stated that lot coverage was not a condition of the Master Plan. Discussion ensued regarding floor area ratio and lot coverage; appearance of density due to clustering of buildings in order to provide open space. Councilmember Spratling reported the oral comments from former Mayor Phil Bass who stated the Master Plan was approved by the voters and the Council is inbued with a public trust and should not vary from the spirit of the Master Plan; changes in the Master Plan should result in a net benefit to the Town and not the developer; the proposed plan was a matter of aesthetics and hard to jUdge; as a matter of aesthetics Mr. Bass personally opposes addition of garages at this time, but felt it might be appropriate in the future. Discussion ensued regarding Town's right-of-way, parking bays amd roadway elevations. In response to Lou Soldovini, the Town Engineer explained that if curb and gutter were placed all along Mar West it would eliminate some parking spaces. The Mayor closed the public hearing. TOWN COUNCIL MINUTES #681 January 30, 1985 Page 4 Councilmember Coxhead responded to Mr. Luken's comment regarding lot coverage and stated the lot coverage in Old Tiburon was approximately 30-35%; Councilmember Coxhead read paragraphs from the Downtown Plan and Master Plan which referred to variety of styles, shapes and heights as being advantageous and parking areas being landscaped and where appropriate screened and covered. The Design Review Board had already requested a reduction in height and landscaping and the applicant had agreed. Councilmember Coxhead stated he felt the three sided roofs on the proposed garages gave relief to the stark wall effect; gave variety in style, shape, height and details as recomme~ded in the Downtown Plan;_felt the landscaping would have a desirable effect and that in his interpretation of the Master Plan, the proposal was allowable and permissible. Councilmember Wilson stated he was in favor of part of the proposal and agreed with Staff's analysis; agreed with the Planning Commission's comments for a revised landscaping plan; supported the proposal, but felt the three buildings along Mar West should be referred to the Design Review Board for consideration of lowering height, landscaping and location. Councilmember Bergmann agreed with Councilmember Wilson. Councilmember Spratling stated it didn't matter to him whether the proposal was better for the developer, but he believed the majority of the garages proposed would be a benefit to the Town; he preferred landscaped covered garages rather than open carports. Councilmember Spratling stated the Council did have a public trust and could not responsibly vote for a change in the Master Plan unless the Council believes it is a net benefit to the Town; he believed the visual impact would be better with this proposal. MOTION: Council approve an amendment to the Precise Plan and Tentative Map by approving the proposal for six additional garage structures but with respect to the three garage structures along Mar West no approval is hereby granted. Council requests that the proposal for the three garage structures along Mar West be sent back to the Design Review Board for the purpose of articulating roof lines, side treatment and landscaping to soften the tunnel effect of those three structures along Mar West and with the Design Review Board's recommendation, the 3 garages come back to the Council for final consideration. Moved: Spratling AMENDED MOTION: Design Review Board also consider the plan location for these three structures. Moved: Wilson Councilman Spratling accepted the amendment to the Motion. Moved: Spratling, Seconded by Wilson Vote: AYES: Unanimous 12. DOWNTOWN PARKING OOMMITTEE (Consider Committee's Final Report and Recommendations) The Planning Director reviewed the Staff report and the Resolution for the Downtown Parking Committee which made 12 recommendations. The Mayor opened the public hearing. Don Batten, Chairman of the Downtown Parking Committee, thanked members of the Committee for their efforts. He stated the Committee had developed four categories to describe the type of parking situations which needed to be resolved, i.e., shoppers and diners; commuters; Angel Island tourists and employees of downtown businesses. TOWN COUNCIL MINUTES #681 January 30, 1985 Page 5 Don Batten reviewed each of the 12 recommendations. Regarding the Committee's recommendation that there be parking allowed along Paradise Drive, Nat Marans requested open space be preserved along the waterfront, and Kirk Hanson requested comments from the Town Engineer. The Town Engineer stated the current plans were for a five foot bicycle lane along Paradise Drive with only a few parking spaces to accommodate the Donahue Building. MOTION: ,Council rejects aecommendation ill of the Parking Committee to the extent it incorporates to any extent a recommendation of the Parks & Open Space Committee for parking along Paradise Drive with a two-hou~ time limit. Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous The Superintendent of Public Works stated two-way traffic had been reopened on Main Street with the exception of the stretch between the Corinthian Yacht Club and Beach Road. He stated that due to the 22' width in this area, four parking spaces would have to be eliminated if traffic is opened to two-way in this area. He proposed that traffic be limited to one-way in this area for a six month trial period. The Town Manager stated a commitment had been made to the residents and merchants to reopen the entire length of Main Street to two-way traffic. If Council desired one-way traffic or less parking along that portion of Main Street, then future public hearings should be held to formally consider such modifications. Council agreed to re-open traffic circulation to two-way along entire length of Main Street. . MOTION: To accept Downtown Parking Committee resolution as product of the Committee with our thanks and not specifically accept any of their recommendations at this time. Staff be directed to send letter to City of Belvedere asking if they are interested in a Joint Parking Commission that would operate under the auspices of both Councils. Moved: Spratling, Seconded by Wilson Vote: AYES: Unanimous 13. SEOOND DECK FOR POINT TIBURON PARKING LOT (Recommendation by Council) The Planning Director reviewed the Staff report which recommended Council consider further investigation as the the effect on the traffic circulation and the impact of a second level parking facility. Discussion ensued regarding feasibility of a second level structure; architect's recommendation that no more than 60 parking spaces on a second deck would be possible due to construction problems because of the drainage pipe located beneath the structure. The Mayor opened the public hearing. Kirk Hanson, Steve Wanat and Bill Lukens, representing LOOTPOA, spoke against the proposal. MOTION: Idea should be explored and studied further Moved: Coxhead, Seconded by Wilson Councilmember Spratling asked who would study the proposal; who would pay for the study and how soon could Council give the developer an answer. After further discussion, Councilmember Wilson suggested the proposal be left as a future possibility. TOWN COUNCIL MINUTES #681 January 30, 1985 Page 6 Councilmember Wilson withdrew his second to the motion. Motion dies for lack of a second. AMENDED MOTION: To accept the Staff Report and comments and not take any formal action on whether or not the Town or Innsifree would go forward with a second level parking deck. Moved: Coxhead, Seconded Wilson Vote: AYES: Unanimous 14. TOWN HALL OFFICE AND MEETING BOOM SPACE IN SEOOND LEVEL OF POINT TIBURON OOMMERCIAL BUILDING (Recommendation by Counc il) Due to the late hour of 11:15 P.M., Council set a special meeting of the Town Council to consider this Item for Thursday, February 7, 1985 at 7:30 P.M. at Del Mar School, Music Room. Council directed Staff to hire an architect on an hourly basis to prepare a conceptual plan for the location of Town Hall office space and meeting room at Point Tiburon. Council also requested the developer to prepare a written statement regarding the conditons on which this space would be given to the Town. H. OOMMUNICATIONS. STAFF AND TOWN MANAGER ITEMS 15. Letter from Dr. Nathan's Attorney to Town Council, dtd. 1/22/85 (Request for Condition of Trimming of Oak Tree) Council agreed that their previous decision regarding the trimming of subject oak tree had been based on Dr. Bonbright's hiring a professional tree trimmer with experience in that type of trimming to perform the necessary work. 16. Letter from CAL/TRAHS to Town Manager, dtd. 1/3/85 (Relocation of Two Palm Trees on Tiburon Boulevard) Council had no opinion as to whether the trees should be removed from their current location, outside the Town limits. Council did not, however, accept CAL/TRANS offer to relocate the trees to the Blackie's Pasture area. 17. Memo from Deputy Town Attorney, dtd. 1/17/85 Re Brown Act Council accepted this informational memorandum. 18. Letter from Town Engineer, dtd. 1/25/85 Recommending Termination of Tiburon Boulevard Improvements Contract with M.J.M. This item continued to February 6, 1985 at the request of M.J.M. J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor ~mith adjourned the e ing at 11:40 P.M., sine die. ATTEST: ~~URK TOWN COUNCIL MINUTES *681 January 30, 1985 Page 7 MINUTES TOWN OOUNCIL 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., Monday, January 14, 1985, in the Music Room of Del Mar School, Tiburon, California. :A. ROLL. CALL PRESENT: COUNCILMEMBERS: Spratling, Wilson, Bergmann, Coxhead, Smith ABSENT: COUNCILMEMBERS: None EX-oFFICIO: Town Manager Kleinert, Planning Director Hanna, Assistant Town Clerk Hennessy B. DISCUSSION ITEMS NEXT REGULAR TOWN OOUNCIL MEETING The Mayor asked the Town Council to reconsider their next meeting date because he was unable to attend January 22, 1985. Council agreed to reschedule this meeting to Wednesday, January 30, 1985 at 7:30 p.m. POINT TIBURON The Town Manager made introductory comments to explain that Innisfree Companies has been unfairly identified as the initiator of all the proposals before the Council. Mr. Kleinert explained that the Town Hall space proposal was initiated by a member of the Council appointed Facility/Needs Committee which was investigating possible sites for a new Town Hall. The proposal for a second level parking deck was initiated by a member of the Council's appointed Downtown Parking Committee. The proposed changes were to be discussed as concepts that might be mutually beneficial to everyone in the community. The Town Manager recommended that this public meeting be held to receive public input and a future meeting be scheduled to make a determination and direct Staff to proceed with those items which would be in the best interest of the community. Mr. Kleinert emphasized that each of the proposed modifications were independent and not interrelated; that each would would have to stand on its own merit. 1 . PROPOSAL TO K>VE THE DONAHUE BUILDING FROM THE SHORELINE PARK m AN ALTERNATE SITE The Town Manager stated Staff had received a petition including 106 signatures, a resolution form the Landmark's Society, a letter from the"Town's Heritage Commission and nine additional letters and seven phone calls in opposition to the proposed relocation of the Donahue Building. There were two letters in support of its relocation. The Planning Director explained there were advantages and disadvantages to the relocation of the Donahue Building. Its relocation would provide an open view corridor and additional uses for the Shoreline Park; as it stands it is a unique part of Tiburon's history. TOWN COUNCIL MINUTES #680 January 14, 1985 Page 1 Hank Baker, Project Manager, Point Tiburon, stated his company recognized the historical significance of the building, but also believed the building would be utilized far more to the community's advantage if relocated where increased parking would be available and opening up the Shoreline Park for additional uses. The Mayor asked that those opposing the relocation of the Donahue Building address the Council. The following people thus spoke in opposition to the relocation: Don Flynn, Steve Wanat, Gene Marans, Mr. Soldovini~ Ann Ross, Mr. Mayberry, Beverly Myers. Stewart Hopkins, Michael Lyon in favor of its relocation. Gary Hanson reminded everyone that a committee form~d over 12 years ago in regard to the General Plan set certain goals for the downtown area which included preservation of open space along the waterfront. He stated he was not in favor or against the building's removal, but its utility should justify what otherwise would be an intrusion on the waterfront. Mr. Baker withdrew the request to move the Donahue Building. He stated his company wanted to be an integral part of the community and had spent in excess of $100,000 on the Donahue Building and they intended to turn the building over to the Town. 2. PROPOSAL TO ADD A SECOND LEVEL TO THE APPROVED POINT TIBURON PARKING LOT The Planning Director reviewed the request from a member of the Downtown Parking Committee to consider adding a second level to the parking lot due to the lack of parking spaces in the do~ntown area especially on weekends. He suggested a traffic study be made before a final determination is reached. The Town Manager stated that subsequent to this proposal appearing on the agenda, the project's architect had advised him there were construction problems associated with lowering the parking lot due to the 60" sewerage drain pipe running beneath this location from the Marsh area to Raccoon Straits. This easement would be dedicated to the Town and presented possible maintenance problems, however, these problems could be overcome with proper design. Rod Friedman, architect, enumerated his concerns which included modification of the Master Plan, excavation which might affect drainage, economic feasibility and suggested a partial second deck to accommodate 60 cars. In response to Dr. Ashley, Staff stated that 20 parking spaces would be required if Town Hall office space were located in the commercial building. Discussion ensued regarding the wording on the Town Referendum passed in 1980. Bill Lukens, representing the LCOTHA, stated they were opposed to this proposal. Chuck Ubele, Diviso, spoke in favor of more commuter parking. Kirk Hanson reiterated that Innisfree had not made this request and he felt the proposal was not cost effective; that it would have a tremendous impact on the people in the area with very little compensation to the residents. Steve Wanat suggested a second level be utilized as tennis courts and the current tennis courts site be utilized for a new Town Hall. TOWN COUNCIL MINUTES #680 January 14, 1985 Page 2 Steve Sears, Downtown Parking Committee, stated in February approximately 150-170 parking spaces along Paradise Drive would be eliminated and these spaces needed to be replaced; as an owner of Sam's Cafe he had 100 employees who commuted by car. Mrs. Ashley opposed the second level garage space. Betty Yoder stated residents needed parking downtown. Hank Baker stated Innisfree had serious doubts that the second level parking structure was economically feasible; the proposal was from the Downtown.Parking Committee due to the serious parking problem downtown; :point Tipu~on had adequat~ parking for their project; their construction schedule called for a quick decision. Frank Brooks spoke against encouraging Angel Island 'commuters and suggested the Larkspur Ferry Terminal be used for these commuters. Julie Vietor, Mar West, asked when Beach Road would be opened. Mr. Baker replied that their particular section was only a portion of the improvements needed and it would be completed as soon as possible. Louise Mirata questioned limited width of Paradise Drive since Innisfree had erected a fence along their property and trucks parked near the Caprice Restaurant. Mr. Baker replied that they were required to put in a large sewer line to accommodate drainage from Belvedere and downtown Tiburon and they needed the space they were using and should be finished in 4-5 weeks. The Town Manager stated he had received a letter from the LCOTPOA regarding the traffic problem and he had instructed the Chi~f of Police to make it safe; one problem is people continue to park along Paradise Drive. Chuck Ubele stated he couldn't believe people would speed along Paradise Drive since it was in disrepair. Kirk Hanson stated Innisfree had already taken care of their own parking; there was a study going on to look into different debarkation points for Angel Island commuters; thought the existing parking would be adequate for local people. Vice-Mayor Bergmann underscored the need for parking by residents and she refused to pay for parking; looking at parking stickers for residents; the Council was not insensitive to the needs of the community. 3. PROPOSAL TO PROVIDE TOWN HALL OFFICE AND MEETING ROOM SPACE WITHIN THE APPROVED POINT TIBURON OOMMERCIAL/OFFICE BUILDINGS The Planning Director explained that a member of the Facility/Needs Committee appointed by the Council to consider possible Town Hall sites had suggested the Town utilize one of the existing buildings approved for the Point Tiburon project. The commercial space had originally been approved as a two story building; after "discussions, occupancy of the second floor had been eliminated in favor of greater density for the condominium units. The proposal being considered was to turn the second floor unused space of approximately 8,000 sq. ft. into Town Hall office space and a community meeting room. The height of the building would remain the same. Additional parking would be required to accommodate Staff. Bill Lukens, representing the LCOTPOA, opposed this use due to their concern that the density of the Point Tiburon project should be strictly adhered to due to parking and congestion problems; stated there was insufficient information regarding lease/purchase arrangments, parking, etc. Five additional condos were approved when use of this commercial space was eliminated. TOWN COUNCIL MINUTES #680 January 14, 1985 Page 3 Mike Masterson, representing Innsifree, stated details of the proposal still needed to be worked out; that the Town could make the interior improvements for the second level for approximately $225,000 which would be well below the cost of building a new Town Hall. Mr. Baker stated time was of the essence since construction of this building would begin within 3-4 months. Louise Teather objected in principle; felt Tiburon should have a Town Hall on its own property. Nat Marans agreed with Mrs. Teather and suggested the commercial building be lowered in height. Mrs. Ashley agreed the height should be lowered to open a view c9rridor. Louise Mirata stated Sam Shapiro had donated property at Blackie's Pasture 15 years ago and it was his dream ,that it be used as a cultural center, City Hall and an auditorium; she wondered what had happened to that dream; second story access would be difficult and a poor place to put Town Hall in the middle of all that congestion. Beverly Schmidt stated those who voted for Blackie's Pasture didn't want buildings located there; agreed Town Hall should not be downtown and preferred the current location. Eric Schmidt asked for the report from the Facility/Needs Committee. Kirk Hanson stated there weren't many options available for a new Town Hall site; money from the existing site would not be sufficient to build a new Town Hall; the Town had an opportunity to pick up a piece of property worth over $1 million; at the present facilities, there wasn't sufficient space to conduct the business of the Town; recent meetings with Mr. Zelinsky have not resulted in a proposal from him for the use of the propert~ at Mar West and Tiburon Blvd.; a decision had to be made within a few weeks. Councilman Spratling asked that the Lands & Development Committee be given the task of working out details and working with the Facility/Needs Committee. Councilman Spratling stated the Town Attoney has researched the question regarding whether a new referendum was needed when changes were proposed for this project and it was the Town Attorney's determination that it was not; the Master Plan has been modified in the past when the commercial space was reduced. Councilman Spratling stated one issue to be considered is the maximum density of the Downtown Plan. The Council has asked the Town Attorney whether they had the authority to increase the density of the project and the Town Attorney has advised the Council that if the Council thinks a modification to the Master Plan which increases density is desirable for the Town and makes such a finding the Council has the authority to approve the modification even if the density exceeds the 7,200 sq.ft. discussed in the Downtown Plan. The original EIR was contemplated with 75,000 sq. ft. of commercial space; the parking requirements were considered for more square footage of office space and although the density was transferred to new units and larger units, tHere was additional parking space as a result of the transfer; that lowering the height of the building had been previously rejected on the recommendations of Town appointed Committees; that the 24' height was six feet lower than formerly approved. The Council agreed that the item should be further considered and the Mayor referred it to the Lands & Development Committee. Nat Marans reiterated that the building should be lowered for a view corridor; Dr. Ashley reiterated the problems of density, traffic circulation and parking; Gene Marans encouraged a separate Town Hall and Civic Center; Joe Newberry stated a quick decision would be limiting the Council's ability to have control over the architectural design of a new Town Hall. TOWN COUNCIL MINUTES #680 January 14, 1985 Page 4 4. OONSIDERATION & CLARIFICATION OF ADDITIONAL PROJECT DETAILS: a. Depositing Fill Material from the Site on the Undeveloped Parcel at the Corner of Mar West & Tiburon Boulevard There was discussion regarding the exact location of the fill site and possible drainage problems which might result from the addition of fill. Council directed developer to return with more specific plans after discussing the matter with the Town Eng ineer. b.Undergrounding Three (3) Power Poles Located Between Los Lomas Lane and the Sanitary Districy 5 Treatment Plant Council denied the request to not underground these ~hree power poles, and asked the developer to go ahead with previously approved plans. c. Final Approval of the Wheelchair Ramps for the Project Council agreed to accept the Town Staff's recommendation regarding these ramps provided they met the newly established California State Code (CAL-ABL). J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 10:35 P.M. to Wednesday, January 30, 1985, 7:30 P.M. at the Hilarita Community Room. TOWN COUNCIL MINUTES #680 January 14, 1985 Page 5 MINUTES TOWN OOUNCIL CALL TO ORDER Vice-Mayor Bergmann called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 P. M., Monday, January 7, 1985, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Bergmann ABSENT: COUNCILMEMBERS: Smith 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 #677, December 5, 1984 MorrION: Moved: Vote: To approve Minutes 1677 as submitted. Wilson, Seconded by Spratling AYES: Unanimous ABSENT: Smith 1678, December 13, 1984 MOTION: Moved: Vote: To approve Minutes 1678 as submitted. Spratling, Seconded by Wilson AYES: Unanimous ABSENT: Smith c. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES There were none. D. OOMMISSION AND COMMITTEE ORAL REPORTS There were none. E. PUBLIC QUESTIONS AND COMMENTS There were none. F. OONSENT CALENDAR Item 5 was removed for discussion. MOTION: To approve the Consent Calendar consisting of: 1. FINANCE REPORT (October 1984) 2. CLAIM AGAINST TOWN (Robert West, Recommend Denial) 3. CLAIM AGAINST TOWN (Christopher Layton, Recommend Denial) 4. ACCEPTANCE OF GRANT DEED (Tiburon Peninsula Club - Resolution No. 2278) Moved: Vote: Wilson, Seconded by Coxhead AYES: Unanimous ABSENT: Smith TOWN COUNCIL MINUTES #679 January 7, 1985 Page 1 G. PUBLIC HEARINGS & BUSINESS ITEMS 5. REQUEST FOR EXTENSION OF MASTER AND PRECISE PLAN FOR 7 WILKINS COURT Councilman Coxhead noted Staff had asked whether an abbreviated procedure would be appropritate for this application, and he agreed. Councilman Spratling agreed pertaining to this specific application, but stated it was his opinion that most modifications of a building envelope should go back to the Planning Commission and the Town Council. MOTION: To grant a one-year extension of the Precise Plan approval; to require the applicant to obtain approval of surrounding neighbors and based upon this approval to direct the filing of the revised Parcel Map. Moved: Spratling, Seconded by Wilson Vote: AYES: Unanimous ABSENT: Smith 6. PERINI DEVELOPMENT MASTER PLAN (Reed Ranch Road & Trestle Glen Boulevard - Ordinance, 2nd Reading) Council agreed to incorporate Item 11, BELVERON GARDENS DRAINAGE IMPROVEMENTS AND STREET REPAIRS (Oral Report from Town Engineer) into their discussion of the Perini Development because of its relevance to the application. The Planning Director reviewed the application, the changes in the plan and changes made at the first reading of the proposed Ordinance. He stated the Plan would be modified at the Precise Plan stage to show the range of building envelopes as outli~ed in the proposed Ordinance, including a view corridor of open space in the area of lots 3 through 5 and a possible modification of height limits for lots 32, 33 and 34. The Planning Director asked the Council to discuss paragraph 8 and 9 which had been reworded by Staff. The Town Engineer used an aerial map to discuss his recommendation for improvements in the Belveron drainage system which he felt were necessary regardless of whether the Perini property was developed. He defined the three water sheds and the current direction of the flow of water and made three recommendations in order of priority which would alleviate the situation: (1) to make adequate the waterway from the Bay to the entrance to Belveron Gardens through Blackie's Pasture area, (2) lining the channel at the intersection of Tiburon Boulevard and Juno Avenue and along Juno and (3) intercepting water at culvert at 57 Mercury Avenue and diverting water from watershed B2 to B1. Mr. Bala also enumerated other necessary minor improvements. The Town Engineer estimated the total cost of the improvements to be approximately $500,000, with an additional $36,000 for concreting the ditch. The Town Engineer stated that there is substantial erosion on the property opposite Belveron Gardens along Trestle Glen Blvd. which is carrying silt. When this property is developed, the ditch should be concreted. Mr. Bala gave a report on the condition of the streets, curbs and gutters. He stated there has been subsidence and trees have pushed the curbs and gutters up which prevents water from flowing properly; streets have been overlaid three times and the entire length of curbs and gutters should be replaced for proper drainage; overlaying streets again would cause a problem with cars dragging on driveways; he estimated repaving and new curbs and gutters would cost approximately $660,000. He urged further discussion and study of this matter. TOWN COUNCIL MINUTES #679 January 7, 1985 Page 2 Regarding the proposed subdivision, the Town Engineer stated the drainage is currently inadequate and consequently adding water to it cannot be done. He felt priorities 2 and 3 would deal mostly with maintenance, but not capacity. Priority 11 would be sufficient for capacity for current and proposed developments. In response to the Superintendent of Public Works, the Town Engineer stated that some trees would have to be removed to prevent damage to the new repairs. The Vice-Mayor opened the public hearing. Al Curtis, 14 Apollo Road, questioned when repairs would be completed on the curbs and gutters and requested it be done as quickly as possible without too much cost. Peter Brekkus, attorney, representing a few of the Belveron Homeowners, presented a letter to Council which objected to construction on lots 24 and 25 of the proposed development and suggested changes in the proposed ordinance concerning the developer's drainage obligations. The letter requested the developer should be "obligated to revamp the whole system from the site to the bay" in reference to the drainage problems. The Vice-Mayor closed the public hearing. After discussion amongst the Council, the developer represented by Ms. McCart, Mr. Brekkus and Staff, the proposed ordinance was modified to reflect the following wording: Section 2. 2. A Precise Plan and Tentative Map shall be submitted which shall show screen planting and landscaping for the project, and shall include the precise configuration of and a three- dimensional building ..... 8. The EIR notes the existing drainage problems in the Belveron watershed and the necessity to correct the Belveron drainage facilities prior to construction activities on the site. The applicant shall correct the drainage facilities adversely impacted by the project, either by (1) construction of necessary improvements to said facilities or (2) by contribution of the cost of necessary improvements or; (3) by a combination of (1) and (2). At the time of the Precise Plan/Tentative Map hearing a formula shall be determined for the reimbursement of construction performed or 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 either (1) are completed or 2) are guaranteed and will be constructed prior to the commencement of increased runoff as a result of the project. 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 the Town will exert its best efforts to consider and act upon such phases of the Precise Plan and Tentative Map within a period of 90 days following Town acknowledgement in writing that the submittal by the applicant is a complete Precise Plan and Tentative Map application. 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 TOWN COUNCIL MINUTES #679 January 7, 1985 Page 3 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 of a grading permit. The plan shall include adequate measures to control erosion and drainage during construction so as to prevent any damage to public or private property as a result of the project. 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. 22. The Precise Plan and Tentative Map shall include: a. A plan to eliminate undersirable plant species as identified in the EIR from the property. b. Measures to prevent access by unauthorized vehicles onto open space areas on the site. Maureen Broderick, 61 Reed Ranch Road, requested that Section 2, Item l.a be changed from a density of 5 to 6 parcels to 4 to 5 parcels. Council responded that this question had been thoroughly discussed at a previous meeting and the density remained the same. Peter Brekkus requested that Section 2, Item 1.c be changed from a density of 17 to 19 parcels to 15 to 17 parcels in accordance with their concern regarding two lots with slide problems. The Council agreed that this question had been thoroughly discussed previously and the density remained the same. MOTION: Moved: Vote: To read by title only. Spratling, Seconded by Wilson AYES: Unanimous ABSENT: Smith Vice-Mayor Bergmann read ORDINANCE NO. 297 N.S., AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PERINI MASTER PLAN. MOTION: Moved: Vote: To approve second reading and adopt the aforementioned ordinance. Spratling, Seconded by Wilson AYES: Spratling, Wilson, Coxhead, Bergmann NOES: None ABSENT: Smith 7. MUNICIPAL GIFT CATALOGUE (Preliminary Layout for Consideration) Tamara Wickland, Administrative Intern, reviewed the Staff report. Council had approved implementation of a Tiburon Municipal Gift Catalogue which would illustrate, describe and itemize specific Town needs that members of the public may contribute towards. Ms. Wickland introduced Gwenn Terpstra, Graphic Designer, who presented Council with a preliminary layout. The layout was designed to be sophisticated, elegant and impressive. Photos will be taken by Phil Molten and there will be four categories of merchandise: environment, safety, recreation and administration. The size would be 8 l/2 X lIon high quality glossy stock with two tone color. The budget for production was $2,500. Councilman Spratling suggested on insert coupon for ordering rather than cutting the brochure, but it was agreed this would add to the cost. TOWN COUNCIL MINUTES 1679 January 7, 1985 Page 4 Ms. Wickland pointed out that gifts would range from $5.00 to $1 million. Councilman Wilson suggested, and Council agreed, that gifts be itemized by monetary value within each category. Council took the item under consideration in order for Mayor Smith to have time to review the preliminary layout and allow time for additional suggestions. 8. MASTER & PRECISE PLAN AMENDMENT (16 Main Street, Outdoor Eating Area - Ordinance, 2nd Reading - Resolution) The Council waived the Staff report. Applicant was not present. The Vice-Mayor opened the public hearing, and there being no comments, the Vice-Mayor closed the public hearing. Councilman Spratling suggested rewording of both the Resolution and Ordinance. Item 4 to read: "...done in brick consistent with the material and pattern used on Tiburon Blvd.". Item 7 to read: "....permitted on the premises indoors or outdoors". Council agreed. MOTION: Moved: Vote: To read by title only. Spratling, Seconded by Wilson AYES: Unanimous ABSENT: Smith The Vice-Mayor read, ORDINANCE NO. 298 N.S., AN ORDINANCE O~ THE TIBURON TOWN COUNCIL APPOVING THE MASTER PLAN AMENDMENT FOR 16 MAIN STREET. MOTION: To approve second reading and adoption of the aforementioned ordinance. Moved: AYES: Spratling, Wilson, Coxhead, Bergmann NOES: None ABSENT: Smith MOTION: To approve Resolution No. 2279, A Resolution of the Town Council of the Town of Tiburon Approving Precise Plan Amendment for 16 Main Street Moved: Spratling, Seconded by Coxhead Vote: AYES: Unanimous ABSENT: Smith 9. APPEAL OF DESIGN REVIEW BOARD DECISION (1992 Centro West - Cutting of Oak Tree) The Planning Director reviewed the Staff report. The owner of 1992 Centro West had agreed to trim the oak tree to the level of the rear deck in order to improve view of the owner of 200 Diviso Street, who would then withdraw his objection to an addition of a deck on the property at 1992 Centro West. Dr. Paul Nathan of 1994 Centro West objected to the trimming of the oak tree as indicated by the Design Review Board because he maintained it would reduce his privacy and eliminate a wind break. Mr. Bonbright, owner of 1992 Centro West, Dr. Palubinskis owner of 200 Diviso, and Dr. Nathan of 1994 Centro West were present. The Vice-Mayor opened the public hearing. Discussion ensued regarding possible damage to the tree if cut back too far; whether a wind screen was provided by the tree; the possible degree of cutting and windowing which could accomplish the removal of the view blockage and retain some privacy. TOWN COUNCIL MINUTES 1679 January 7, 1985 Page 5 The Mayor closed the public hearing. MOTION: Moved: Vote: To deny the appeal and uphold decision of the Design Review Board with additional condition that the tree be cut below the roof level and maintained to preserve Dr. Palubinski's view and windowed to benefit Mr. Bonbright's view. Wilson, Seconded by Spratling AYES: Unanimous ABSENT: Smith H. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS 10. TIBUBON BLVD. , PALMER DRIVE (Letter from Town Engineer, dated 12/3/84, Re CAL/TRANS Providing Shoulders in This Area) The Town Manager reviewed the Town Engineer's letter. MOTION: Moved: Vote: To adopt the Town Engineer's recommendations and formally ask CAL/TRANS to provide adequate shoulder in this area. Spratling, Seconded by Bergmann AYES: Unanimous ABSENT: Smith 12. TIBUBON BLVD. , STEWART DRIVE INTERSECTION IMPROVEMENTS (Preliminary Design) The Town Engineer reviewed tentative drawings which have been sent to CAL/TRANS and approved as preliminary drawings. The proposal would provide proper lanes regarding width, storage capacity in storage lane, as well as bus stop. There would also be conduits installed for future traffic signals and a minor retaining wall to provide for sidewalk and bus shelter. With Council's approval, the Town Engineer would complete construction drawings. The payment for these improvements would be paid out of the Traffic Improvement Fund. Council asked the Town Engineer to notify adjacent neighbors of the proposed plans. MOTION: Moved: Vote: After the Town Engineer contacts the four impacted neighbors, he proceed with construction drawings. Spratling, Seconded by Wilson AYES: Unanimous ABSENT: Smith TIBURON HILL ESTATES HOMEOWNERS ASSOCIATION MEETING The Town Manager invited Council to attend an orientation meeting with members of the Tiburon Hill Estates Homeowners Association on January 21 at 7:30 p.m. in their Recreation Room. BEL AIRE HOMEOWNERS ASSOCIATION The Town Manager was endeavoring to set up a meeting with this association for the last week in January and would inform Council when a date was set. POINT TIBURON The Town Manager reviewed the four items The Innisfree Companies wished to discuss with Council at a special workshop meeting on January 14. It was decided the matter of covered garage spaces would be heard at the next regular meeting of the Town Council. TOWN COUNCIL MINUTES #679 January 7, 1985 Page 6 NEXT REGULARLY SCHEDULED roUNCIL MEETING Council agreed to cancel their next regularly scheduled meeting of January 16, 1985 due to lack of a quorum, and rescheduled this meeting to Tuesday, January 22, 1985, 7:30 P.M., Hilarita Community Room. TIBURON VISTA ~WN HOUSES LAW SUIT The Town Manager stated a settlement had been reached which included final dismissal of the Town of Tiburon contingent upon working out a settlement. The insurance company claim's adjuster recommended the Town contribute $1,750 to costs as asked by Stephen Fraser, attorney for Marbella. Council agreed to pay the $1,750. J . ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Vice-Mayor Bergmann adjourned the meeting at lO:35 P.M., to Monday, January 14, 1985, 7:30 P.M., Del Mar School, Music Room to discuss possible changes in the Point Tiburon project. ~~ VALERIE BERGMANN, VICE- OR Town of Tiburon ATTE/tl~ - R. L. KLEINERT, TOWN MANAGER/CLERK TOWN COUNCIL MINUTES #679 January 7, 1985 Page 7