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HomeMy WebLinkAboutTC Min 1983 (January thru April) MINUTES TOWN COUNCIL CALL TO ORDER Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 PM, Wendesday, April 20, 1983, in the Hilarita Community Room, Tiburon, California. A. ROLL -CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith, Rockey EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Town Attorney Ragghianti, Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Minute Clerk Stultz, Finance Director Nadritch B. APPROVAL OF MINUTES 1614, March 17, 1983 Page 2, condition 2, change to read "Of the units to be constructed in zone- 1, no construction shall-occur within the first sixty feet of the property line, and within the first 120 feet of the property line no more than seven....." Condition 4a, change to read "The number of units per structure, the locations of the structures, and the spatial relationships between and the heights....." MOTION: Moved: Vote: to adopt minutes i6l4 as amended Bergmann, Seconded by Spratling Ayes: Unanimous 1615, April 6, 1983 Page 3, Item 11, change benifit to benefit MOTION: Moved: Vote: adopt minutes 1615 as amended Bergmann, Seconded by Edelstein AYES: Edelstein, Bergmann, Rockey ABSTAIN: Spratling, Smith C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES There were none. D. COMMISSION AND COMMITTEE ORAL REPORTS Councilmember Bergmann reported on the Richardson Bay Steering Committee meeeting she attended last Thursday. Councilmember Bergmann reported that she attended a walk of the multi-use path in the vicinity of Cove Road with Tiburon and Belvedere representatives. She noted the issue of landscaping was resolved at this meeting. E. PUBLIC QUESTIONS AND COMMENTS Mayor Rockey reported that Supervisor Aramburu was to speak under Public Questions and Comments but he has been detained in Sacramento. He will present his comments at tomorrow's adjourned meeting. F. CONSENT CALENDAR TOWN COUNCIL MINUTES ~616 APRIL 20, 1983 PAGE 1 Council moved items 7, 10, 11, 12 and 13 to the consent calendar. MOTION: to adopt the Consent Calendar as amended consisting of: 1. POLICE REPORT (March 1983) 2. FINANCE REPORT (March 1983) 3. REEDLAND WOODS SCHOOL PROPERTY (RUSD Request for Town Interest) 4. CIBRIAN DRIVE ASSESSMENT DISTRICT (Initiate Proceedings, Resolution Nos. 2098 - 2102) 7. MASTER & PRECISE PLAN AMENDMENT (Agins Development, Continued to 5/4/83) 10. MASTER PLAN (Schonfeld Red Hill Property, Continued to 5/4/83) 11. MT. VIEW DRIVE UNDERGROUNDING OF UTILITIES (Set Public Hearing Date for 6/1/83) 12. RING MOUNTAIN (Request to Separate Future Development Areas from Master Plan, Continued to 5/4/83) 13. FEDERAL-AID URBAN SYSTEM MAP (Approval of Revised Map, Resolution No. 2104) Moved: Smith, Seconded by Bergmann Vote: AYES: Unanimous G. PUBLIC HEARINGS 5. MASTER PLAN (Highlands Development, Ordinance 2nd Reading) Director of Community Development Hanna noted the Council adopted first reading of the Ordinance approving the Highlands Development on March 17, 1983. The Ordinance provides for a density range of 61-73 units, with 36-48 of the units to be on the plateau. Director Hanna reported the applicant has proposed revisions to the plan. The revision basically calls for 5 single family units in Zone la rather than 11 multi-family units. The 6 remaining units would then be transferred to the plateau for a total of up to 54 units in zone 1. The applicant is also requesting the Council's consideration of 1-3 units in Zone 3. Director Hanna then reviewed the applicant's other drawing of a 36 unit development on the plateau which would eliminate underground parking due to economics. Mr. Barney McCarthy, representing the applicant, noted the range that the Council approved at the last hearing presented several major problems. He urged the Council to give the project a fixed density that would make the project economically viable. He noted it is important that the developer be given the maximum amount of units in Zone 1 so that underground parking could be provided. He noted as the density is dropped the cost of improvements do not drop accordingly. No matter how many units are approved the applicant must provide slide repairs, east ditch improvements, inclusionary housing, etc. Mr. McCarthy also recommended Council's consideration of in-lieu fees for the low/moderate income housing. He noted they have responded to every significant impact that was recommended in the EIR in Zone 1 and the 54 unit plan provides more open space than the 36 unit plan. Mr. Tito Patri, representing the applicant, reviewed the applicant's request for Council's reconsideration of 1-3 units in zone 3. Mr. McCarthy requested the Council to approve 14 units in Zone 2, 5 units in Zone la, 54 units in Zone 1 and 1-3 units in Zone 3, for a density of 74-76 units. Director of Community Development Hanna commented on the applicant's revised plan. He noted he feels that after the buffer zone of duplex units in zone 1 it would be appropriate to cluster the remaining units for a higher density. He stated it TOWN COUNCIL MINUTES 1616 APRIL 20, 1983 PAGE 2 is imparative that parking be undergrounded. He felt zone la could have a higher density than 5 units and 2 units off Warren's Way in Zone 3 would be appropriate. Mayor Rockey opened the public hearing. Mr. Bran Fanning stated that no development should occur in Zone 3, and spoke in opposition of the plan. Mrs. Greenspan questioned whether the proposed units off Warren's Way would be developed-or sold off as lots. Mr. McCarthy stated they would be sold as lots; She stated 36 units is the maximum number that should be approved in Zone 1. Also speaking in opposition of the plan was Ralph Sheets, Mrs. Fanning, Tom Riley, and Renton Ralph. Mrs. Elva Edger stated she felt the Planning Director's recommendations were good. Councilman Spratling stated the applicant is asking the Council to set a specific density, noting it would be hard enough to approve a density range of 36-54 units on the plateau. He noted the applicant is asking two Councilmembers to increase what they thought was the appropriate density on the plateau by 18 units or 50%, noting he cannot support such a proposal. Councilmember Bergmann stated she has no problem with 1 unit off Warren's Way. She noted she would have voted for the revised plan if it was presented at the last hearing. Councilman Edelstein stated he has no problem with setting 54 as the upper limit of density for the density range of Zone 1. He stated that he could not approve a fixed density. He noted the Council should leave as much flexibility to the plan as practical. / ./ Edelstein recommended a condition (f) be added under density which would state "up to six units may be transferred from Zone la to Zone 1 at the time of adoption of the Precise plan, but Council felt that changing the affected zone ranges would be more appropriate. MOTION: to revise the density of Zone 1 to 36-54 units and the density of Zone la to 6-11 units, but that the previously approved maximum density range for the entire project of 61-73 units shall remain the same Moved: Edelstein, Seconded by Bergmann Vote: AYES: Edelstein, Bergmann, Rockey NOES: Spratling, Smith MOTION: a range of 0-2 units shall be permitted in Zone 3 but the previously approved maximum density range for the entire project of 61-73 shall remain the same Moved: Bergmann, Seconded by Edelstein Vote: AYES: Edelstein, Bergmann, Smith, Rockey NOES: Spratling Council then reviewed the draft ordinance and made modifications. MOTION: Moved: Vote: to read by title only Spratling, Seconded by Edelstein AYES: Unanimous Mayor Rockey read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE VINTAGE (HIGHLANDS) MASTER PLAN, PREZONING AND ANNEXATION". MOTION: to adopt second reading of the aforementioned ordinance as amended Moved: Edelstein, Seconded by Bergmann Vote: AYES: Edelstein, Bergmann, Spratling, Smith, Rockey TOWN COUNCIL MINUTES ~616 APRIL 20, 1983 PAGE 3 Barney McCarthy stated the applicant is opposed to the action taken by the Council this evening. 6. MASTER & PRECISE PLAN AMENDMENT (Family Entertainment Center, Corner Market, Ordinance 1st Reading) Director of Community Development Hanna reported the applicant is requesting a master and precise plan amendment for a portion of the market to be used as a family entertainment center. The area affected is approximately 1,000 sq.~t. and is proposed to contain 20 video games and 2 pool tables. The Planning Commission has considered this request and recommended approval subject to the conditions contained in the draft Ordinance. Director Hanna noted only one member of the public was present at the Planning Commission meeting regarding this matter and that person supported the center. Mayor Rockey opened the public hearing. Mr. David Wagner, applicant, presented Council with a petition signed by residents supporting the family entertainment center. He noted the application is to change the south side of the market into an entertainment center for children and parents. The center will be supervised by an adult at all times. He urged Council to approve the ordinance presented to them tonight. Mr. Fred Mangetani, property owner, spoke in favor of the application. Ms. Carolyn Friedman spoke in support of the application noting the children in Tiburon need a place to meet. Mr. Dick Oliver stated the kids do need someplace to go, but he is not sure this establishment would be appropriate. He noted that with David running the establishment it will be well run. Mr. Gary Sconne spoke in support of Mr. Wagner's character. Mr. Sconne, a Planning Commissioner for the City of Novato, stated Novato recently approved a similar center. He spoke with the Novato police department and there has been no increase in police problems related with the video center. Mr. Tom O'Neil, next door neighbor to the Market, stated his concern over the video center is one of safety. His concern is with the mixture of bicycles, skateboards and cars in the area. Ms. Suzan Schirmer spoke in favor of the entertainment center. Ken Metzger spoke in oppostion of the center, noting this type of establishment is not appropriate in Tiburon. He stated this operation will encourage similar operations in Tiburon. Mrs. Carol Forell spoke in opposition of the entertainment center. She stated the machines do not cultivate the minds of the users and it is not a healthy atmosphere for the children. She noted the Recreation Department offers many activites for children. Also speaking in opposition to this application were Michelle Friend, Roberta Jeffrey and Barbara Matthews. Mr. Tom Belton and Mr. John Buschati spoke in support of the entertainment center Mayor Rockey closed the public hearing. Councilman Edelstein stated 20 machines in anyone establishment is too much for the Town and he his very much against this application. TOWN COUNCIL MINUTES i616 APRIL 20, 1983 PAGE 4 Councilmember Bergmann stated there are already 27 machines available in the Town and that she opposes this amendment. Councilman Smith disagreed with Councilmembers Edelstein and Bergmann and recommended the Council approve the amendment and evaluate the operation after six months as provided for in the draft ordinance. Councilman Rockey stated the issue of parking and bicycle racks must be resolved. He questioned if there has been any examination of providing bicycle racks on Juanita Lane. Councilman Spratling agreed with Councilmembers Bergmann and Edelstein but questioned if the Town has the authority under the Zoning Ordinance to deny this application based on what the Council feels is an inappropriate activity. He also questioned if the Council granted this application, does the Town have the authority to deny a similarily situated applicant requesting an application under the same conditions to deny the second person the same use; and if the Town grants this application can it prohibit the use from being transferred to any successor in interest. Town Attorney Ragghianti stated the Town cannot deny the use because individual Councilmembers do not feel the use is appropraite tt tiiX~ t~i ~~i t~ t~.~~i~~ij~ti, but if the Council finds the amendment inappropriate for the community after review of the Staff reports, sense of the public sentiment, personal observance and if the public health, safety and welfare ~~~X~ ~i are negatively impacted by the number of games the applicant is requesting, it is within the Council's authority to deny the use. He felt the Town could deny future applications based upon specific findings that the public healthz and welfare could not tolerate any more video games. Ragghianti deferred comment on prohibiting the use from being transferred to any successor in interest. \ Councilman Rockey stated he supports this amendment on a 6 month trial basis. MOTION: to deny the application Moved: Edelstein, The motion died due to he lack of a second. MOTION: Moved: Vote: to continue this matter to the next regular meeting Spratling, Seconded by Smith AYES: Unanimous 8. ABATEMENT OF PUBLIC NUISANCE (15-17 Racoon Lane, Resolution) Director of Community Development Hanna reported that with the construction of a two unit condominium at 15-17 Racoon Lane certain improvements to the roadway to ensure proper drainage were required. The applicant has failed to comply with the approved plans wQich results in a nuisance situation. He recommended Council adopt the draft Resolution abating this nuisance. Mayor Rockey opened the Public Hearing. Mr. Roger Noder, adjacent property owner, reported the problems this project has created on the surrounding properties. He also questioned the relationship of the retaining wall to his property line. Supt. of Public Works Brunini reported it will cost approximately $7,000 - 8,000 to finish the job. Mayor Rockey closed the public hearing. MOTION: to adopt the Resoultion abating the nuisance at 15-17 TOWN COUNCIL MINUTES i616 APRIL 20, 1983 PAGE 5 Racoon lane Moved: Spratling, Seconded by Smith Vote: AYES: Unanimous 9 ABATEMENT OF PUBLIC NUISANCE (Red Hill Slide, Marbella Property, Resolution) Council waived the oral staff report. Mayor Rockey opened the Public Hearing. Mr. William Kuhns, representing the property owners of 90 Lyford Drive, stated since March of this year the slide has worsened and residents are very concerned because the subject property is draining and sliding towards 90 Lyford Drive. Chris Night, 90 Lyford Drive, expressed his concern over the slide situation. Mr. Russ Snyder, 90 Lyford Drive, reported the slide materials are now 40' onto the property and some sort of barrier is needed to deflect the slide from the condo units. Attorney Ragghianti questioned if this slide is affecting any public improvements. Town Engineer responded the slide is undermining the public street and utilities. Mr. Reza Najafi, owner of the Marbella property, requested Council to continue this matter as he is in the process of trying to obtain a loan for the slide repairs estimated at $50,000. Mayor Rockey closed the public hearing. MOTION: to adopt the Resolution abating the slide nuisance on the Marbella property Moved: Spratling, Seconded by Smith Vote: AYES: Unanimous H. BUSINESS There were no business items at this time. I. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS Town Manager Kleinert reported the action the Council took this evening on the Mt. View Drive Undergrounding of Utilities Assessment District were premature as the Town Engineer needs to prepare certain documents before the Resolution of Intent can be adopted. He recommended this matter be continued to the next regular meeting to allow the Town Engineer to prepare the needed materials. J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mayor Rockey adjourned the meeting at 12:20 AM, Thursday, April 21, 1983, to 7:00 PM Thursday, April 21, 1983. ~K~R Town of Tiburon ATTEST: TOWN COUNCIL MINUTES i616 APRIL 20, 1983 PAGE 6 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 7:42 PM, Wendesday, April 6, 1983, in the Hilarita Community Room, Tiburon, California. A. ROLL. CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Rockey EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Minute Clerk Stultz ABSENT: COUNCILMEMBERS: Spratling, Smith B. APPROVAL OF MINUTES i6l3, March 16, 1983 Page 1, Page 2, line. Page 3, Page 4, Page 5, Page 5, Page 6, Page 6, ROLL CALL, add Rockey present Item 4, 1st Paragraph, line 5 delete "the" from end of Item 6, MOTION, correct run together words change Ban Fanning to Bran Fanning change assess to access change constructions to construction 2nd paragraph change Kimmell to Kimmel last line change time to item approve minutes i6l3 as amendmed Edelstein, Seconded by Bergmann AYES: Edelstein, Bergmann, Rockey ABSENT: Spratling, Smith MOTION: Moved: Vote: Council continued Minutes ~6l4 to the next meeting for review and approval by the full Council. c. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES There were none. D. COMMISSION AND COMMITTEE ORAL REPORTS Councilmember Bergmann reported on the Marin Transit meeting she attended recently. The Marin Transit authority is being turned over to the Golden Gate Transit District. The first step in this change over is the rescheduling of bus services. She noted as far as Tiburon is concerned the COlnmute and school service will remain the same" The No. 1 and No. 10 buses will alternate running each half hour. Bergmann noted riders will now be able to go from Tiburon to San Rafael without transferring in Strawberry. She noted Golden Gate Transit is also looking at increasing fares and it is recommended the fares be increased by zone. E. PUBLIC QUESTIONS AND COMMENTS There were none. F. CONSENT CALENDAR Council moved Items 12, 13 and 14 to the Consent Calendar. MOTION: Approve the Consent Calendar consisting of: TOWN COUNCIL MINUTES i615 APRIL 6, 1983 PAGE 1 1. FINANCE REPORT (February 1983) 2. ORDER TO SHOW CAUSE (Public Nuisance at 15-17 Racoon Lane, Set Public Hearing for 4/20/83) 3. ORDER TO SHOW CAUSE (Red Hill Slide, Marbella Property, Set Public Hearing for 4/20/83) 4. FERRY COMMUTER PARKING (Approval of Agreement between Main Street Properties and Town) 5. AUTHORIZATION TO PUCHASE (Truck Chassis) 6. ACCEPTANCE OF DRAINAGE EASEMENT (57 Mercury Avenue, Resolution) 12. 141 SUGARLOAF DRIVE ~UBLIC EASEMENT (Settlement Agreement, Continued to 5/4/83) 13. PARKS & RECREATION COMMISSION (Recommendations from March 14, 1983 Meeting) 14. TEMPORARY USE PERMIT (SP Metro Parking Lot, Resolu tion) Moved: Bergmann, Seconded by Edelstein Vote: AYES: Edelstein, Bergmann, Rockey ABSENT: Spratling, Smith G. PUBLIC HEARINGS 7. MASTER PLAN (Highlands Development) This matter was continued to the next regular meeting at the applicant's request. 8. PRECISE PLAN (Hexan Development, Resolution) Director of Community Development Hanna reviewed the Precise Plan for 7 lots on 8.6 acres, noting is conforms with the approved master plan. He noted the Planning Commission has recommended that the Precise Plan be approved with the conditions that the proposed pedestrian easement be a minimum of 10' wide and that the area that has been deleted from the open space and added to Lot 1 should be given back to the open space parcel. These two conditions have been incorporated into the draft Resolution. Mayor Rockey opened the public hearing and being no response the public hearing was closed. MOTION: Moved: Vote: adopt the resolution approving the Hexan Precise Plan Edelstein, Seconded by Bergmann AYES: Edelstein, Bergmann, Rockey ABSENT: Spratling, Smith 9. PARADISE DRIVE ANNEXATION (Norman and Smith Properties, Resolution) Director of Community Development Hanna noted this is a request for annexation of 11 parcels of unincorporated property known as the Norman Property and the adjoining parcel owned by Neill Smith. Director. Hanna noted LAFCO approved the annexation to the Town on January 13, 1983. Council asked if the recently received Final EIR for the Smith property related to this annexation. Director Hanna noted the EIR is for another piece of property owned by Mr. Smith but which is within the Town Limits. Mayor Rockey opened the public hearing. Being no response the public hearing was closed. MOTION: Adopt the resolution approving the Paradise Drive annexation. Moved: Edelstein, Seconded by Bergmann Vote: AYES: Edelstein, Bergmann, Rockey ABSENT: Spratling, Smith TOWN COUNCIL MINUTES .615 APRIL 6, 1983 PAGE 2 10. MASTER & PRECISE PLAN AMENDMENT (Family Entertainment Center, Corner Market) Mr. Dave Wagner, applicant, requested this matter be continued to the next regular meeting to allow the full Council's consideration. Mrs. Marino Pellegrinelli expressed her concern over the proposed change in use of the Corner Market. She stated a family entertainment center is not appropriate for the Tiburon Community. This matter was continued to the next regular Council meeting. 11. MASTER & PRECISE PLAN AMENDMENT (Agins Development) Director of Community Development Hanna noted this matter has been pending for some time. The intent of the amendment is to provide access to the Agins' property from an extension of Roundhill Road. This extension requires that agreements by the lien holders of the Del Madera property be obtained. Director Hanna noted the applicant is still in the process to determining if the easement can be obtained. Martha McCart, representing the applicant, noted she has filed modified agreements with all lien holders. She stated it is her opinion that within the next few days she will have the agreements signed by all lienholders. Mayor Rockey opened the public hearing. Mr. Robert Samilson referred to a letter dated February 26, ,1983 by Mr. Anolik which discussed a potential trade off to the lien holders for signing the easement. It implied they may receive access by this extension to the upper lots that have been - approved on the Del Madera property. Ms. McCart stated the Del Madera lien holders have been told this work will benefit the property, mainly the installation of utilities, grading a portion of the Gilmartin Drive extension, etc. Mr. Anolik questioned whether the Council will move on this matter if all easements are not received. Council stated they will not act on the matter until all easements are provided. Being no further comments Mayor Rockey closed the public hearing. Council requested that Ms. McCart provide the Town Attorney with the agreements for his review. This matter was continued to the next regular Council meeting. H. BUSINESS 15. RING MOUNTAIN (Request to Separate Future Development Areas from Master .Plan) Director of COInmunity Development Hanna noted the applicant has requested a continuance of this matter to the next regular meeting. Director Hanna reported on a meeting held this morning at the County regarding Ring Mountain. Director Hanna also noted the precise plan has been submitted to the Town and is presently being reviewed for conformance to the master plan by Town Staff. He stated one condition of the master plan approval was that the Town will process the precise plan and tentative map within six (6) months. Hanna recommended two special workshops of the Council and Planning Commission be scheduled, one to receive the precise plan and one to review the geotechnical report. Council suggested that only one workshop be scheduled for these matters. TOWN COUNCIL MINUTES i6l5 APRIL 6, 1983 PAGE 3 I. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS There were none. J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mayor Rockey adjourned the meeting at 8:50 PM , Wednesday, April 6, 1983, sine die. \~ ( 'c\ I' \ ltAivw.) . r DENNIS ROC. EY, -- YOR Town of Tiburon ATTEST: TOWN COUNCIL MINUTES ~6l5 APRIL 6, 1~83 PAGE 4 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Rockey called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:50 PM, Thursday, March 17, 1983, in the Gymnasium of the Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith, Rockey EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Town Engineer Bala, Minute Clerk Stultz B. PUBLIC HEARINGS HIGHLANDS MASTER PLAN (Ordinance 1st Reading) Mayor Rockey reported that a Council Sub-committee met with Town Staff since the last hearing on this matter and have prepared a draft Ordinance for Council's consideration this evening. Mayor Rockey opened the public hearing. Mr. Stone Coxhead, 34 Reed Ranch Road, reviewed his comments of the previous public hearings which basically dealt with desnity, zoning, building mass, appropriateness of cluster housing, building heights, etc. Mr. Coxhead made the following comments on the draft Ordinance: l(c) Believe one duplex unit would be appropriate for Zone lb. l(e) No development should occur in Zone 3. Building heights in Zone 1 area be limited to a maximum of 20' . 4(b) Maximum height be changed from 30' to 24' 4(g) Request a fencing plan be submitted with the landscaping plan. He recommended a 3'-4' fence be constructed that will keep the residents from walking up on the berm area and looking into the residences in the Reedlands. 12. Ask that the slide be permanently stabilized. 22. Both sides of the road should be landscaped. Mr. Dan Roberts, 314 Karen Way, noted the project from Bel Aire has a institutional look and recommended the applicant look at stepping the project down the hill. Mr. Gerald Elbert, stated his home is the closest to Zone la and expressed his concern over the closeness of the development to his property. He stated the traffic using the road to the development will create a noise problem in his area. He stated the density should be lower to compensate for the high density of Bel Aire and Pelican Hill. Mrs. Greenspan, 28 Southridge East, expressed her concern over the fire trail between the development and Reed Ranch Road. Mr. Bran Fanning noted that on page 3 condition (c) there are no sidewalks on Warren's Way. Councilman Edelstein questioned the applicant if they had proposed a fence that would restrict the use of the fire road. Mr. Tito Patri stated that is something they would be willing to study at the precise plan stage. Martha McCart, representing the applicant, stated the density TOWN COUNCIL MINUTES 1614 MARCH 17, 1983 PAGE 1 discussed by the Council last week, approximately 60-65 units, creates some additional impacts to the developer. It would not be economically feasible to provide undergrounding parking with the lowered density. Ms. McCart stated using the density of Bel Aire there would be 150 units on the Highland's property. She stated the property is presently zoned RMP-3.4 by the County. At the present time the County Planning Commission has under consideration the rezoning of the property. At the present time the County is not sure what they will rezone the property. Ms. McCart stated the County slope policy does not apply to the RMP- 3.4 zoning classification. Ms. McCart then reviewed the draft-ordinance and recommended certain clarifications and revisions. Council then discussed condition No. 12 on page 4 of the draft ordinance dealing with correction of landslides on the property. Town Engineer Bala recommended that all slides be repaired and stabilized after the recordation of final map. Mr. Irv Schwartz, applicant's engineer, stated the normal procedure is for the developer to present an improvement plan to the Town Engineer and then the final map is recorded. After the final map is recorded the developer is bonded to do the improvements in one year. He noted there is one active slide on the site which has been temporarily repaired and is being maintained. Mayor Rockey called for a 10 minute recess. Engineer Bala stated he spoke with the applicant during the recess and they are willing to post a $15,000 maintenance bond which is the cost of correcting the active slide. This repair will be done at the tentative map stage. Mayor Rockey closed the public hearing. Council reviewed the draft ordinance and made the following additions, deletions and modifications: PAGE 2 Condition I., add to the last sentence lias provided in the approval section of this ordinance". Condition 2, change to read: Of the units to be constructed in Zone 1, no ~~jt~ ~~~~~i~~~ti~it~d construction shall occur within sixty (60) feet of the property line, and within the first 120 feet of the property line no more than seven (7) duplex structures shall be constructed, none of which shall exceed twenty-four (24) feet in heights. If at the Precise Plan stage the Town determines that duplex structures are not compatible in design and character with the adjacent single family residences, the number of units may be further reduced and the developer may be limited to detached, single-family --- structures in this zone. Condition 4, ch~nge to read: "A Precise Plan shall be submitted after the annexation proceedings. The Precise Plan shall contain the following modifications and additions to the Master Plan: Add a new condition 4.a. to read: "The number of units per structure, .~~ the locations of the structures, and the spatial relationships between the heights of the structures in Zone 1 shall insure: 1) Minimum visual impact of the proposed structures on the northwest Boundary of Zone 1 (achieved by a buffer zone of no construction, a reduced height zone and/or a specific landscape treatment). 2) Appropriate and harmonious transition in appearance, height, mass and profile of the units between the structures described in condition 2 above and those described in subpoint (a) (1) above. 3) Mitigation of the visual impact of the parking and its structures including below grade parking, above grade screened parking and above grade unscreed parking. TOWN COUNCIL MINUTES 1614 MARCH 17, 1983 PAGE 2 Condition 4. (a) now condition 4(b) change to read: liThe swimming pool and tennis courts shall be deleted or their location modified as approved by the Town so noise and activity levels will have minimum impact on the existing residential areas surrounding the development. Add to condition 4(b) now 4(c): "except where a lower height limit is stipulated herein. PAGE 3 Condition 4(c) now Condition 4(d) change to read: liThe Precise Plan shall show all pedestrian trails to be constructed or improved by the developer within the property and the connections of those trails to open space, park areas adjacent residential areas, schools and local transit facilities. Condition 4 (d) now Condition 4(e) delte 1st sentence and replace with "An effective erosion control plan to be implemented during grading of the project site shall be submitted to the Town Engineer for approval. Condition 4(e) shall become Condition 4(f). Condition 4(f) shall become Condition 4(g) Condition 4(g) shall become Condition 4(h) and change 1st sentence to read: "In addition to the landscape and fencing plan..." Eliminate Condition 4(h). Condition 4(i) change to read "....the ultimate cost of improving the intersection of Tiburon Boulevard and Highway 101..." Condition 4(j) delete last sentence and replace with: liThe berms shall miminumize the visual impacts of the development and maximize the the peace and tranquility of the existing neighborhood. II Condition 6, change 2nd sentence to read: "Wherever feasible vents shall be located..." PAGE 4 Condition 8, change to read: "Adjacent streets shall be mechanically and/or manually sewpt clean of soil to reduce street dirt to the discretion of the Supt. of Public Works during earthwork or other soil generating construction". Condition 12, change to read: liAs soon as possible after recordation of the Final Map, all landslides...". Condition 13, change to read: "All other areas of the subject parcel exhibiting slides...". Add a new Condition 15 to read: "At the time of approval of the tentative map the Applicant shall post with the Town of Tiburon a maintenance bond of $15,000 to guarantee maintenance of the existing slide above 354 Karen Way. The bond shall be in force until recordation of the Final Map. The degree of maintenace of the slide shall be determined by the Town". All conditions after 15 shall move down numerically one number. Condition 17 change road to "easement for a maintenance road" Condition 18 change to read: "Sub-surface drains shall...". PAGE 5 TOWN COUNCIL MINUTES '614 MARCH 17, 1983 PAGE 3 Condition 28, change to read: "A sprinkler system shall be installed if and where directed by the Fire District to provide...". Condition 29, change to read: "The deverloper shall contribute its proportional share to the improvements of the upper Cecilia Way/Circle Drive and Blackfield Orive/Tiburon Boulevard intersections, including adequate provisions for sight lines and other design features which enhance traffic safety at the Precise Plan Staqe. Council requested Staff ta clarify-condition No. 30 and 31. Condition 32, add to end "at the Precise Plan Stage". Condition 34, change 2nd sentence to read: "Provisions that prohibit the use of open parking stalls for the storage ...". PAGE 6 Condition 36, add to last sentence "after approval of the Master Plan" . Council then moved to Page 2, Density Each Councilmember expressed their opinion as to the approrpiate density in each development zone as follows: Spratling Edelstein Smith Bergmann Rockey Zone 1 36 48 36 36 - 46 42-48 Zone lA 11 11 11 11 11 Zone lB 0 0 3 0 0 Zone 2 14 14 14 14 14 Zone 3 ? 3 0 0 0 MOTION: to approve a range of 36-48 units in Zone 1, 11 Units in Zone lA, -0- in Zone lB, 14 units in Zone 2 and -0- units in Zone 3 Moved: Edelstein, Seconded by Bergmann Vote: AYES: Edelstein, Bergmann, Rockey NOES: Spratling, Smith Spratling and Smith stated for the record that their No votes were based on the density of 36-48 in Zone 1 Condition 2 shall read "Of the 36-48 units to be constructed in Zone 1...". Condition 5 shall read "Applicant shall provide 7-8 dwellings units to be available for. low/moderate income persons."... MOTION: Moved: Vote: to read by title only Edelstein, Seconded by Smith AYES: Unanimous Mayor Rockey read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE VINTAGE (TIBURON HIGHLANDS) MASTER PLAN, PREZONING AND ANNEXATION". MOTION: adopt first reading of the aforementioned Ordinance as amended Moved: Edelstein, Seconded by Smith Vote: AYES: Edelstein, Bergmann, Spratling, Smith, Rockey NOES: None TOWN COUNCIL MINUTES 1614 MARCH 17, 1983 PAGE 4 c. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mayor Rockey adjourned the meeting at 11:00 PM, Thursday, March 17, 1983, sine die. .. ~ (h~ I. - (/v'lMAC, . DENNIS ROC EY. YOR Town of Tiburon ATTEST: TOWN COUNCIL MINUT~S 1614 MARCH 1.7, 1983 PAGE 5 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 7:33 PM, Wendesday, March 16, 1983, in the Hilarita Community Room, Tiburon, California. A. ROLL. CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith Rockey EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Town Attorney Ragghianti, Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Minute Clerk Stultz B. APPROVAL OF MINUTES 1611, March 2, 1983 Page 2, Item 5, 1st paragraph, change last sentence to read "Mayor Rockey recommended the developer be allowed to present the additional photo-montage and then have Mr. Thomason discuss his review and findings of the validity of the photo-montages". MOTION: Moved: Vote: adopt minutes .611 as amended Bergmann, Seconded by Smith AYES: Unanimous .612, March 8, 1983 Page 3, 3rd paragraph, 3rd sentence change to read "He stated it is important to preserve the buffer zone and stated it should be landscaped and turf-blocked in such a way that would discourage recreational activity but still allow the fire department to drive on it. Page 3, 3rd paragraph, 4 sentence, change to read "Councilman Spratling recommended that the 7 structures in the buffer zone be duplex in nature if the developer at the precise plan stage can demonstrate to the satisfaction of the Town Council that the buildings can be made..." Page 3, 3rd paragraph, last sentence, change to read "He noted that following this procedure the total number of units on the ridge becomes 36". Page 3, 8th pargraph, 2nd sentence, change to read "He noted those units generally visible from Bel Aire should take on the character of Bel Aire and not the Reedlands as proposed by Councilman Spratling". Page 3, last paragraph, 1st sentence, change to read "Council recommended condition 3.a. on page 4 should prohibit development on the first 60' from the property line...". Page 4, 3rd line, change to "elevations submitted for each of the 7 units...". Page 4, 3rd sentence add "for the purpose of making this determination. Page 4, 2nd paragraph change "be broken Up" to "have more separation". TOWN COUNCIL MINUTES 1613 MARCH 16, 1983 PAGE 1 MOTION: Moved: Vote: approve minutes t6l2 as amended Edelstein, Seconded by Smith AYES: Unanimous c. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES There were none. D. COMMISSION AND COMMITTEE ORAL REPORTS There were none. E. PUBLIC QUESTIONS AND COMMENTS Mr. Mike Hopton, Hot Fudge Factory, reported there is a serious problem with sewage back up in the storm drains during heavy rainfall. He noted raw sewage is coming up in his store and the New Morning Cafe. He requested the Town look into this problem. Town Engineer Bala noted this is a Sanitary District problem and not a Town problem. Council directed Staff to contact Sanitary District No. 5 to determine what is causing this problem. F. CONSENT CALENDAR Council moved Item No. 10 to the Consent Calendar for approval. MOTION: adopt the Consent Calendar consisting of: 1. POLICE REPORT (February 1983) 2. TRAFFIC SAFETY COMMITTEE REPORT (March 1983) 3. COUNTYWIDE CATV MASTER AGREEMENT (Consultant CTIC Requesting Public Input) 10. CAL/TRANS SURPLUS PROPERTY AT GREENWOOD BEACH ROAD (Authorization to Purchase) Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous G. OLD BUSINESS 4. COMMERCIAL AMUSEMENT DEVICES (Set Fee Schedule, Resolution) Town Manager Kleinert reviewed the last fee schedule proposal based on the Business License Fee, an annual fee per machine and an enforcement fee. Kleinert noted he has lumped the fees together and increased them slightly to an annual fee of $84 per machine. He noted adoption of this resolution will rescind that section of the business license ordinance pertaining to coin operated amusement devices. This $84 per machine fee will be pro-rated this year to $32 per machine. Mr. Dave Wagner, Corner Market, stated he feels $84 per machine is appropriate but requested that $10 of the fee go to the school district for after school programs. Mike Hopton, Hot Fudge Factory, questioned if the $84 per machine fee would be applied to The Attic's 3 antique machines. Council responded the antique machines are exempted from any fees as provided in Ordinance No. 266 N.S. Mayor Rockey noted he would like to see the fee somewhat lower, / perhaps $50 per machine. Council stated their opinion that giving a portion of the fees collected by the Town to the School District is not appropriate. MOTION: adopt the resolution establishing the fee schedule for Commercial Amusement Devices No. 2089 Moved: Edelstein, Seconded by Bergmann Vote: AYES: Edelstein, Bergmann, Spratling, Smith NOES: Rockey TOWN COUNCIL MINUTES i613 MARCH 16, 1983 PAGE 2 H. PUBLIC HEARINGS 5. MASTER AND PRECISE PLAN AMENDMENT (Healthy Gourmet, Ordinance 2nd Reading, Resolution) Council waived the oral Staff Report and opened the public hearing. Mrs. Nancy Clock, speaking on behalf of the owner, stated Mr. Bernstein will enforce the condition that no alcoholic beverages be consumed on the premises. Mayor Rockey closed the public hearing. MOTION: Moved: Vote: read by title only Edelstein, Seconded by Smith AYES: Unanimous Councilman Spratling recommended condition 3 be deleted and combined with condition 5. Mayor Rockey read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE MASTER AND PRECISE PLAN FOR THE HEALTHY GOURMET - 80 MAIN STREET". MOTION: Adopt second reading of the aforementioned Ordinance as amended (No. 268 N.S.) Moved: Bergmann, Seconded by Spratling Vote: AYES: Edelstein, Bergmann, Spratling, Smith, Rockey 6. APPEAL OF B.A.R. DECISION (150 Avenida Miraflores) Director of Community Development Hanna noted this item was continued from the last meeting. Since that time there have been revisions to the proposed addition plans by the Clocks which result in lowering the roof 3'. With this design modification 5 of the 6 appealants have signed a letter withdrawing the appeal. Director Hanna recommended Council accept the withdrawl of appeal and accept the new plans. Councilman Edelstein questioned if there was any discussion of lowering the embankment infront of the Clock's home. Mr. Clock stated Mr. Hariri does not wish to do anything about the embankment. Mr. Judah, 166 Avendia Miraflores, expressed his conern with the slide activity on Mr. Clock's property. Mr. Clock stated he has commissioned and had another soils report done on the slide. The report states the proximate cause of the slide is caused by the removal of lateral supports on Francisco Vista Drive. Mrs. Spence expressed her conern over the size and mass of the addition and has a problem with the Town granting a variance to exceed the lot coverage. Mr. Clock noted the addition as redesigned is 200 square feet less that that approved by the B.A.R. and the t,otal lot coverage is approximately 16.9 %. MOTION: acknowledge the withdrawal of the appeal by the appealants and affirm the B.A.R. decision as modified by the March 15, 1983 agreement between the appealants and the applicant and the documents incorporated into the Agreement by reference. Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous Town Engineer Bala noted a condition for the building permit shall be that slides on the property be repaired regardless of what caused the slide. Mr. Clock noted he will repair the slide without prejudice. Councilman Edelstein stated the intent of the slide repair is to TOWN COUNCIL MINUTES i613 MARCH 16, 1983 PAGE 3 have the area look like its original condition after the repair work is completed. 7. FINAL E.I.R. (Schonfeld Red Hill Property) Director of Community Development Hanna noted this matter is certification of the final EIR for 38 units proposed on Mr. Schonfeld's Red hill property. The Planning Commission has recommended certification of the EIR but suggested modifications to the final EIR. Those modifications are included in the draft Resolution. Mayor Rockey opened the public hearing. Mr. Ken Kurtzman, applicant's architect, was present in the audience to answer any questions. Mr. Dick Boesel, Belvedere City Councilmember, noted there is a continuing concern by the Belvedere Lagoon residents on the effect of this proposed development relating to drainage and siltation. Mr. Boesel recommended the new Mayors of Belvedere and Tiburon meet with the City Managers to discuss this project and its impacts. Mayor Rockey closed the public hearing. MOTION: adopt the resolution certifying the Final EIR for the Schonfeld Red Hill Property, No. 2091 Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous 8. TENTATIVE SUBDIVISION MAP (1645 Mar West Condominium Conversion, Resolution) Director of Community Development Hanna noted this is a tentative map to convert an existing apartment building to condominiums. In this particular case, because there are more than 4 units being converted, the tentative map must go before the Council. Mayor Rockey opened the public hearing. Mr. Bran Fanning, applicant, noted he is satisfied with the conditions the Planning Commission has put on the tentative map approval. Council questioned the status of the recommended property swap between adjoining properties to provide additional parking. Mr. Fanning noted the property swap is not a condition of the tentative map but he is willing to pursue the matter. Mr. Fanning noted if the swap could not be achieved there is adequate parking on the property. Council expressed its concern over the condominium conversion and the fact that no one protested or appealed the condominium conversion permit. MOTION: adopt the resolution approving the tentative map (No. 2092) Moved: Spratling, Seconded by Edelstein Vote: AYES: Edelstein, Bergmann, Spratling, Smith \ NOES: Rockey 9. MASTER & PRECISE PLAN AMENDMENT (Southern Pacific Project, Ordinance 1st Reading) Mayor Rockey noted that mention had previously been made in discussing the possible assignment of the Railroad's interest in this project to a provision in the Resolution approving the tentative map that defined the word "subdivider" to mean the Railroad or any transferee as shall be acceptable to the Town. The Town Attorney was asked to review this provision. He has done so and advised that in his opinion it is unenforceable and TOWN COUNCIL MINUTES 1613 MARCH 16, 1983 PAGE 4 should be disregarded by Staff and Council and the various Boards and Commissions that may be involved in acting upon this project. Mayor Rockey noted the Town will follow this advice of the Town Attorney. Councilman Spratling questioned if the Town has the right to investigate into the background of any prospective buyer of the project. Deputy Attorney Ragghianti stated the Town does have the right to check into a potential buyers background. Director of Community Development Hanna noted the changes proposed by the applicants. would modify the previously approved Southern Pacific project. Director Hanna noted the proposed modifications include the following: 1. Reduction of office space from 15,000 square feet to 9,300 sq. ft. 2. Elimination of the 12,000 sq. ft. of cOInmercial/retail space. The square footage lost will be converted to residential sq.ft.. The number of residential units will remain the same, but the units will become larger. 3. Change in the phasing of the project and an extended construction time period. Director Hanna noted the matter was referred to the Planning Commission and B.A.R. The BAR did not feel that the amendments as proposed were approriate. The BAR was concerned over the reduction of public access to the lagoon area and suggested that they would rather see the intent of the original plan maintained. Director Hanna then reviewed the applicant's proposed phasing of the project noting the Council previously approved a construction period of 30 months. The applicant suggests the 30 month period be deleted and they be allowed the build in response to the market conditions. The Planning Commission was concerned with the proposed phasing and the fact that there was never an orderly completion of one phase before proceeding to the next phase. The Commission recommended the lagoon housing be completed as the first phase, completion of the bayside units be done in the second phase, completion of the mixed residential and commercial in the 3rd phase and the low/moderate income housing in the 4th phase. The Commission also recommended that the marsh restoration contributions be made in increments. Director Hanna noted another area of concern is the applicant's request to extend the hours of construction and allow work on Saturdays with approval by the Town Manager. Council questioned the Town Attorney if an amendment to the SP master plan would have to be returned to the electorate for approval. Ragghianti stated Attorney Conn is of the opinion that an amendment would not have to go to the ballot. Council questioned the need for the development agreement submitted by the applicants. Attorney Ragghianti stated the development agreement should not be signed in its present condition. Mr. Gary Kimmel, co-applicant, stated he has no problem with most of the proposed ordinance before the Council. He stated one major issue is the phasing of the project and the construction time period. He noted the basic criteria for the proposed phasing plan is market considerations and keeping the cost of the project to a minimum. He noted it would cost an additional $800,000 to build the lagoon units first. The reason he would like to build the bayside units first is because of their marketability. Mr. Kimmel stated since the Planning Commission meeting he has come up with minor modifications to the proposed phasing schedule. He stated he is willing to complete 100% construction of the shoreline park and the fee parking lot during the 1st phase of construction. TOWN COUNCIL MINUTES i613 MARCH 16, 1~83 PAGE 5 Mayor Rockey opened the public hearing. Phil Bass, former Mayor, expressed his concern about the departure from the original master plan that was affirmed by the voters. He stated he believes the Town has an obligation to adhere to the original master plan and that the community benefits be provided by the developer up front. He urged the Council to give careful consideration to any concept that will modify the previously approved master plan. Kirk Hanson, former mayor, was concerned and asked the applicant what will happen if sales of each phase do not go as well as anticipated. Mr. Kimmel stated he would like the latitude to delay the second phase until he has sold a sufficient amount of units in the first phase. Mr. Hanson urged the Council to recieve a financial commitment from the applicant that will insure the entire project will be constructed and the Town is not left with half a development. Council questioned which architect the applicant proposed to use for the project. Mr. Kimmel stated up to now they have used Hamlick and Hughes, but they have not decided whether to use them or Fisher Friedman. Councilman Edelstein stated that modifying the project to the extent being proposed by the applicant would be violating the trust of the electorate. Council stated the phasing and construction timing is unacceptable. Mr. Kimmel stated there is no way he can agree to a 30 mont~ construction limitation. If all goes as planned, Mr. Kimmel stated their construction period would be approximately 48 months. Dr. Mickle spoke in support of Council's approach to the project. She noted a great number of people have taken the time to write the Council with their objections to the extended construction hours and time period. Mr. Chuck Koehler, East View Avenue, spoke in opposition to allowing construction begin prior to 8:00 a.m. Council discussed the proposed extended hours of construction. It was Council's opinion that with the proposed open ended construction period that extending the hours of construction was not acceptable. Council discussed the trade of the commercial area for housing. Council expressed their concern that the type of commercial/retail space that was proposed in the original SP plan was very important as it would be community serving types of businesses. Council also felt that removing the market rate units from the marsh area and placing them on top of the retail space was a major change from the approved SP plan and these aspects of the plan could undermine the public support of the plan. Mr. Bruce Gilmore, applicant's attorney, stated the SP plan as approved is a plan that may never work. He urged the Council to accept the applicant's modified plan. Council expressed their feeling that if economic conditions are going to guide the development of the plan, then they do not want the proposed plan at all. Mr. Glen Calkins, Southern Pacific, stated that when SP exposed this project to the market place these particular developers seemed to have the most sensitivity to the original plan, and asked for the least amount of modifications. TOWN COUNCIL MINUTES i613 MARCH 16, 1983 PAGE 6 Council continued this item to a special meeting of March 30, 1983. I. BUSINESS 12. TIBURON BLVD/SAN RAFAEL AVENUE INTERSECTION SIGNALIZATION (Support Joint Application for Funding with Belvedere, Resolution) Council waived the oral Staff Report. Council questioned what the Town's.proportionate funding share for the proposed project would be, noting it is thoroughly described in the Staff report but is rather vague in the Resolution. Manager Kleinert noted Tiburon's share would be $35,000 and there would have to be some commitment by the railroad for our funding share. Council amended the last paragraph of the resolution to read "BE IT FURTHER RESOLVED that the Town of Tiburon does hereby indicate its intent to participate in the joint funding ..." MOTION: adopt the Resolution supporting the Tiburon Blvd/San Rafael Avenue Intersection Signalization (No. 2093) Moved: Edelstein, Seconded by Bergmann Vote: AYES: Unaninous J. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS There were none. K. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mayor Rockey adjourned the meeting at 11:15 PM, Wednesday, March 16, 1983 to Thursday March 17, 1983 in the Gym of the Del Mar School. a-..~ DENNIS ROCKEY, MA~R Town of Tiburon TOWN COUNCIL MINUTES 1613 MARCH 16, 1983 PAGE 7 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Rockey called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:43 PM, Tuesday, March 8, 1983, in the Del Mar School Music Room, Tiburon, California. A. ROLL. CALL PRESENT: COUNCILMEMBERS: Bergmann, Spratling, Smith, Rockey, Edelstein (7:52 PM) EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Minute Clerk Stultz G. PUBLIC HEARINGS HIGHLANDS MASTER PLAN (Ordinance 1st Reading) Mayor Rockey opened the public hearing. Mr. John Greenspan, Southridge East, stated the major issue is density. Unless the density issue is resolved in a fasion that does not overload the ridge top and destroy the Reedlands, then there is no point in discussing the other issues. Mr. Bob Rogers, 60 Pamela Court, expressed his concern that.there has been no significant movement by the developer to reduce the density of the project in response to the neighbors concerns. He recommended the applicant disperse single family units over the entire property and then eliminate those on unstable soils. He quoted various articles from the Independent Journal regarding approval of other projects throughout the County. He encouraged the Council to have the developers totally redesign the development. Mr. Renton Ralph, 95 Reed Ranch Road, recommended the project be a single family development. He stated the project is inconsistent with 80% of the surrounding properties. He expressed his concern over the density and visual impacts of the project. Mrs. Elva Edger, Reedlands, stated the devlopment is surrounded by various types of neighborhoods. She spoke in favor of the project as it will provide additional, affordable housing stock to Marin County. Mr. Ralph Sheets commented on the proposed Zone 3 development noting the original proposal was for 4 units which was later changed to 1 unit and then again to 3 units. He stated he feels no development should occur in this zone. He read an excerpt from page 139 of the EIR which referred to the Town's Open Space Map. He stated that an amendment to the Open Space Element of the General Plan may have to be adopted to allow development in zone 3. Mr. Rupert Jernigan, 25 North Terrace, stated the main reason the Town of Tiburon was incorporated was to control devlopment on the peninsula. He urged the Council to reduce the density of the proposed project. Mr. Ed Middendorf stated 10 years ago when the property was before the County and the County approved 34 units on the ridge top, the Tiburon Town Council strongly objected to the plan, now 57 units have been approved on the ridge by the Planning Commission. He recommended the Council look at 30 units on the ridge. TOWN COUNCIL MINUTES 1612 MARCH 8, 1983 PAGE 1 Martha McCart, representing the applicant, noted after the EIR process the project density was reduced by 14%. The density is less than that previously approved by the County of Marin. The current density is 3.1 units per gross acres. The development is not on top of the main Tiburon Ridge and is not on a unique site like Ring Mountain. She stated this site is reasonable for a moderate density type of project. She stated the access into zone 1, la, and 2 is through a mUlti-family residential area, and all traffic will use the 4 lane portion of Tiburon Boulevard. She stated the applicant will continue to address soils and drainage problems on the ~ite. She stated clustering has been encouraged and is provided for in the Town's ordinance. She noted Bel Aire has a density of 5 units per acre, the Reedlands 2.5 per acre and the propsed development is 3.1 per acre. In regard to noise the devloper has reduced the density on the plateau, placed parking underground and no roads are located facing the Reedlands. The units on the plateau have been reduced to 4 units or less per building to reduce the density and noise impacts. She stated the project produces a range of housing instead of large expensive homes. She stated the plan has been endorsed by the Town's Planning Commission, Town Planning Staff, Marin County Planning Staff, Ecumenical Housing Association and the Marin and San Francisco chapters of the Sierra Club. Director of Community Development Hanna responded to numerous questions that had arose during the public hearing process. He noted the property is not within the Town Limits and whether the Town approves or disapproves the project would not preclude the applicant from submitting an application with the County for processing. Hanna noted a question was raised in regard to the Open Space Element designation for the oak woodland area. The map adopted by the Town Council has no identification for the area. The designation for the area depends on the plan the Town approves, either open space or limited devlopment. Hanna noted the State has told the Town that it is not doing its fair share in providing housing stock and that Tiburon should provide more adequate housing. He noted the Council has the difficult task of taking the conflicting opinions of what should be developed on this property and mesh them together to approve a plan. Hanna noted a question has been raised as to whether the Town's slope policy should be applied to this project. He stated he does not think it would be appropriate to take the entire site and determine its density based on the average slope calculation. He stated there is no good method to determine the average slope of a property. Hanna noted the question has been raised as to what the zoning for the property is by the County. The current County zoning is RMP-3.4. The County also said that if the property has not been developed by this time they would consider rezoning the property. The present zoning by the County is subject to review. Hanna noted the clustering concept was established to take the best most reasonable area for development and concentrate development in those areas. He stated the clustering concept is a good concept and should be used. It benefits all the Town. Director Hanna then presented Staff's recommendations on the project. He stated the first 60' from the property line on the plateau should have no development. Within the second 60' the development should be restricted to one (1) story in height. This concept will increase the privacy and visibility to the properties on Reed Ranch Road. Hanna noted there is a concern by the residents that the "buffer zone" will impact their visibility and the use of the property should be restricted. Hanna stated he felt the use should not be restricted. Hanna recommended that TOWN COUNCIL MINUTES 1612 MARCH 8, 1983 PAGE 2 within the second 60' of the buffer zone seven (7) structures containing two units each should be allowed. He noted this results in 47 units on the plateau. He recommended approval of 16 units on lower Cecelia Way, 11 units on upper Cecelia Way and 3 units off Warren's Way for a total of 77 units. Hanna recommended at the Precise Plan stage the building envelopes be exactly determined for the three units off Warrens Way. Councilman Spratling expressed his concern with the amount of distance that remains between the applicant and the residents in regard to this development. He noted both sides have not been willing to compromise, and~ noted perhaps each side is afraid of loosing some barganing power if they agreed to compromise. Spratling noted that in Zone 1 he is concerned with the massing and density of the project on the plateau. He stated the developer has come a long way to try to satisfy the residents but in his opinion the developer has not gone far enough. He stated it is important to preserve the buffer zone and stated it should be landscape and turf-blocked in such a way that would discourage recreational uses but still allow the fire department can drive on it. Spratling recommended that the 7 structures in the buffer zone be duplex in nature if the developer at the precise plan stage can demonstrate to the satisfaction of the Town Council the buildings can be made to look like single family dwellings. If the units can not be made to look like single family dwellings, then they will be changed to single family dwellings. Spratling concurred with Director Hanna in the elimination of the 9 units on the north-west side of the proposed extension of Upper Cecelila Way. Spratling stated with the remaining structures on the plateau he recommended they try to maintain the single family flavor, and where there were 3 and 4 units in a structure they be reduced to 2 units. He noted that after followinq this procedure the total number of units on the ridge becomes 36. Spratling noted in zone lA he has no problem with increasing the density from 10 to 11 units. Spratling recommended the 16 units in Zone 2 should be reduced to 14 units. Spratling deferred comment on Zone 3 until he is able to visit the site again. Councilmember Bergmann agreed with Spratling's comments in regard to zone 1. Bergmann stated she is not sure 11 units is appropriate in zone la as the buildings are so long. Bergmann stated 16 units in zone 2 is appropriate but she would like to see the buildings lowered. Councilman Edelstein noted the question has been raised if this property is a ridge or a hill. He stated if the property had not been disturbed it would be considered a ridge. He noted he is in agreement with almost all of Councilmember Spratling's comments. He noted he does not agree with the voluntary duplexing of the. structures on the plateau, but stated he agrees the single family character around the brow should be maintained. Mayor Rockey stated he does not support the three units proposed in zone 3 as he feels this area should be part of the open space. He noted those areas generally visible from Bel Aire should take on the character of Bel Air and not the Reedlands. He noted he is quite supportive of the undergound parking. Council recommended on page 2 of the ordinace, Section 2, Approval, the paragraph should state "The Master Plan is approved subject to the following conditions:". Council recommended condition 3.a. on page 4 should prohibit development in the first 60' from the property line on the plateau there shall be no development and within the 2nd 60' a maximum of 7 structure with 14 units and if at the prcise plan TOWN COUNCIL MINUTES #612 MARCH 8, 1983 PAGE 3 stage the structures do not resemble single family dwellings they may be reduced to single family dwellings. It is the intent of the Council to have elevations submitted for each of the 7 units in the buffer zone. Council deferred the matter of the height of the buildings in the buffer zone for the purpose of making this determination. The remainder of units shall be reduced to structures with no more than 2 units in each structure. Council requested the Ordinance provide wording that would allow at the precise plan stage for the Council to consider a buffer zone on the other side of the pateau. Zone la .the number of units are acceptable but they should be separated. Zone 2 acceptable except for the heights of the units. Would like to see them eliminate 2 units and have a 24' height limitation. Zone 3 and 1 structure between zone 1 and 3 the Council reserves judgement until another field trip. Councilman Spratling requested the ordinance contain the condition that the developer shall improve the east ditch to the extent that property lines will allow. He also recommended approval of the master plan should require the submission of a landscaping scheme for the buffer zone that is acceptable to the Town Council. Spratling felt in regard to the low/moderate income units their location should be left for the precise plan stage. Mr. Stone Coxhead stated there is no reason why the heights of the units on the plateau should exceed 20'. He stated he is not sure that the PD zoning designation for the property is appropriate. Mrs. Greenspan questioned where the low/moderate income units will be placed in the project. She recommended they be dispersed throughout the project. Mr. Bob Werner, 69 Reed Ranch Road, expressed his concern over the units in zone 3 as they will be visible from his home. Mr. Barney McCarthy stated with the Council's proposed density it will be difficult to provide the underground parking. He noted in the buffer zone Innisfree has tried to create a transition between the existing single family homes and the project. He noted this is the last in-fill site close to 101 on the Tiburon Peninsula and the Council is now dropping the project density lower than the Reedlands. He stated the turf blocking of the fire trail will discourage recreational uses. J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mayor Rockey adjourned the meeting at 11:05 PM, Tuesday, March 8, 1983, sine die. (~~ DENNIS ROCKEY, YOR Town of Tiburon TOWN COUNCIL MINUTES 1612 MARCH 8, 1983 PAGE 4 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 7:43 PM, Wendesday, March 2, 1983, in the Hilarita Community Room, Tiburon, California. A. ROLL.CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Town Attorney Conn, Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Minute Clerk Stultz Spratling ABSENT: COUNCILMEMBER: B. APPROVAL OF MINUTES 1607, January 25, 1983 1609, February 8, 1983 MOTION: Moved: Vote: approve minutes 1607 and 609 as submitted Smith, Seconded by Edelstein AYES: Unanimous ABSENT: Spratling 1610, February 16, 1983 Council requested the Minute Clerk to make sure the agreement reached between the Town and ViaCom is incorporated into the amended Franchise Agreement MOTION: Moved: Vote: approve minutes ,610 incorporating the above request Smith, Seconded by Edelstein AYES: Edelstein, Smith, Rockey ABSTAIN: Bergmann ABSENT: Spratling C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES There were none. D. COMIIISSION AND COMMITTEE ORAL REPORTS Councilman Smith reported that the transportation survey in conjunction with the Ferry Marketing Advisory Committee is taking place now on the Tiburon Peninsula. The survey will give the Town a solid reading of the commute habits on the Peninsula. The survey results will be available and distributed within 2-3 weeks. E. PUBLIC QUESTIONS AND COMMENTS Mayor Rockey introduced Brad Briethaup of the Independent Journal, who was the former editor of THE ARK Newspaper. Council requested that CAL/TRANS be contacted regarding the pot- holes on Tiburon Boulevard. Council directed the Department of Public Works to plug the holes until CAL/TRANS can repair them. Mr. Stone Coxhead, Reedlands POA, reported there is a problem with run away cars in the Reedlands and requested the Police Department to issue courtesy notices to residents not curbing their wheels on the hillside. TOWN COUNCIL MINUTES 1611 MARCH 2, 1983 PAGE 1 RECOGNITION OF TOWN SERVICE Mayor Rockey introduced a resolution to the Town Council commending Cindy Rodriguez of the Police Department for 10 years service. MOTION: Adopt the Resolution commending Cindy Rodriguez, No. 2083 Moved: Smith, Seconded by Bergmann Vote: AYES: Unanimous ABSENT: Spratling F. CONSENT CALENDAR MOTION: to adopt the Consent Calendar as amended consisting of: 1. FINANCE REPORT (January 1983) 2. HAZARDOUS SPILLS AGREEMENT (Amendment to JPA) 3. EMPLOYEE DEFERRED COMPENSATION PLAN (Changes to Town's Contract) 4. ACCEPTANCE OF PROJECT (Tiburon Boulevard/Rock Hill Drive Retaining Wall, Resolution No. 2084) 10. EXTENSION OF TIME TO FILE FINAL SUBDIVISION MAP (Request BY SP for 1 year Time Extension, Resolution No. 2085) 12. RING MOUNTAIN DEVELOPMENT (Request By Piombo Corp. to Separate Future Development Areas from Master Plan, Continued to 3/16/83) Moved: Smith, Seconded by Edelstein Vote: AYES: Unanimous ABSENT: Spratling G. PUBLIC HEARINGS 5. MASTER PLAN (Highlands Development) Mayor Rockey reported at the last Council meeting the developer was requested to prepare an additional photo-montage from a view point along Claire Way. Also an independent person would be retained to validate the authenticity of the photos. Mayor Rockey recommended the developer be allowed to present the additional photo-montage and then have Mr. Thomason discuss his review and findings of the validity of the photos-montages. The developer displayed the photo-montages of the project as viewed from Blackie's Pasture and Claire Way. Mr. Wally Thomason reviewed the process in which the photos are verified. He noted that the photos are not off by more than 1- 2%. He noted the reason the original photos prepared by the EIR consultant are so dramatically different is because the project has been modified and that the original photos were two- dimensional and not three-dimensional as are the new photos. Mr. Thomason noted he has worked as an architectural illustrator for 19 years. Mr. Ralph Sheets questioned why the original photos were not challenged by the developer at the time of the EIR process. Mr. Bruce Ross stated they were challenged. Director Hanna stated from Staff's point of view he thought it was best to represent the worse case basis. Councilman Edelstein stated the new photos are an accurate depiction of the project. Mr. Sheets questioned why the EIR consultant was not invited to the meeting to express his point of view on the new photos. Various residents had questions about the new photo-montagues. Mr. Kamiz Shardon questioned what the development set back is from Circle Drive. The developer responded 25'. Mr. Shardon questioned why a longer set-back could not be used. Mr. Ross stated he feels 25' is an adequate set back for privacy purposes. TOWN COUNCIL MINUTES #611 MARCH 2, 1983 PAGE 2 Mr. Stone Coxhead representing the Reedlands Homeowners Association stated the Association has emphasized the importance of density as well as visual impacts of the project. The association is in favor of development on the property but feels there is a large difference between what is acceptable to them and what is being proposed. Mr. Coxhead stated the approved plans in 1973 called for 34 detached single-family homes and there was no fire road adjacent to the Reedlands. He expressed his concern over the proposed fire road becoming a public corridor right above the Reedlands. The 1973 proposal was for 1 and 2-stQry homes. He noted the Land Use Element of the General Plan designated this site to be low density residential. Mr. Coxhead stated the applicant is proposing 57 units on the 6.4 acre hilltop, which is 3-4 times higher than the density in the neighboring Reedlands. He stated the project from the density and visual standpoints is not compatible with the Reedlands. Mr. Coxhead stated he would like to see the precise location of the swimming pool during the master plan process. He noted 81% of the perimeter of the property borders on the Reedlands, Bel Aire and Reedland Woods, therefore, the project should take on their characteristics as far as density. Mr. Coxhead reported that he met with Marge Macris and she was under the impression that zone 3 was the highest point on the property. He noted the main issue is density and that high density, multiple family units are not acceptable to the Reedlands. Mr. Bran Fanning, 6 Burrell Court, spoke in oposition of the proposed project. Council continued the matter to Tuesday, February 8, 1983 at 7:30 PM in the Del Mar School Music Room. 6. MASTER PLAN (Hexan Development, Ordinance 2nd Reading) Director of Community Development Hanna reported at the Council's adjourned meeting of February 8, 1983 they approved first reading of the Hexan Master Plan Ordinance approving 7 units on approximately 8 acres. Council conditioned the approval on the developer providing access to two lower lots that presently have access off Paradise Drive. Mayor Rockey opened the public hearing. Being no response Mayor Rockey closed the public hearing. Council made the following amendments to the Master Plan Ordinance. Page 1, Traffic and Circulation, change ratio to "formula" in conditions a and b. Page 1, Traffic and Circulation, condition b add the date of the Paradise Cay Traffic Study for Paradise Drive as being "January 1983". Page 2, Services and Utilities, Condition f delete (Jones J- 3760) . Page 3, Hydrology, delete Condition p as it is a repeat of condition t.5. Page 4, Archaeology, Condition 2.c. change to read "No structures in the development shall exceed the maximum height limit of 30 feet, as defined by the Height Ordinance, and on proposed lots.....". read by title only Edelstein, Seconded by Bergmann AYES: Unanimous ABSENT: Spratling Mayor Rockey read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN MOTION: Moved: Vote: TOWN COUNCIL MINUTES 1611 MARCH 2, 1983 PAGE 3 OF TIBURON APPROVING THE HEXAN DEVELOPMENT MASTER PLAN". MOTION: Moved: Vote: pass second reading as amended (Ordinance No. 267 N.S.) Bergmann, Seconded by Edelstein AYES: Edelstein, Bergmann, Smith, Rockey ABSENT: Spratling MASTER & PRECISE PLAN AMENDMENT (Healthy Gourmet, Ordinance 1st Reading) 7. Director of Community Development Hanna noted this is a request to amend the previously approved master and precise plan to allow off-sale beer and wine and increase the outside seating to a total of 24 seats. He noted a total of 11 parking spaces must be provided for the proposed use of the Healthy Gourmet. The Planning Commission recommends approval but limiting the outdoor seating to 16 chairs and to make sure 11 parking spaces are provided. Mayor Rockey opened the public hearing. Being no response Mayor Rockey closed the public hearing. Councilman Bergmann requested clarification of the location of the outdoor tables and requested the Ordinance be amended to state the tables will be located between the building and the existing trees. Council amended condition NO. 5 by adding the following "In the event there are more than 4 tables or 16 chairs it shall be deemed cause for revocation of the permit". MOTION: Moved: Vote: read by title only Bergmann, Seconded by Smith AYES: Unanimous ABSSENT: Spratling Mayor Rockey read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE MASTER AND PRECISE PLAN FOR THE HEALTHY GOURMET - 80 MAIN STREET." MOTION: Moved: Vote: to adopt first reading of the ordinance as amended Bergmann, Seconded by Edelstein AYES: Edelstein, Bergmann, Smith, Rockey ABSENT: Spratling 8. ABATEMENT OF ILLEGAL UNIT (4 McCart Court, Resolution) Council waived the oral Staff report. Mayor Rockey opened the public hearing. Sylvia Chan, 4 McCart Court, requested a continuance of this matter until after July 1, 1983. She requested the continuance noting that all Towns and Cities are to pass a second unit ordinance bt that time. She noted the unit is not being occupied at this time. Berthe Meghnagi, 2 McCart Court, urged the Council to abate the illegal unit noting that the noise and traffic generated by the extra unit it very distressing. Edna Mitchell, 1 McCart Court, requested the unit be abated. Mayor Rockey closed the public hearing. Town Attorney Conn stated the new legislation regarding second units is very complicated, but it does not allow everyone to automatically install a second unit. MOTION: to adopt the resolution abating the illegal unit at 4 McCart Court (No. 2086) Moved: Smith, Seconded by Bergmann TOWN COUNCIL MINUTES 1611 MA CH 2, 1983 PAGE 4 1 Vote: AYES: Unanimous ABSENT: Spratling 9. APPEAL OF B.A.R. DECISION (Addition at 150 Avenida Miraflores) Director of Community Development Hanna reported this is an appeal of a B.A.R. decision that allows a variance to exceed the maximum lot coverage and a variance into the front yard setback to construct an addition at 150 Avenida Miraflores. The Board considered the matter ~n three (3) separate occasions and the Board found that the variances meet State law in that it does not grant a special privilege and does not interfer with the Health, Safety or Welfare of the neighbors. Mayor Rockey opened the public hearing. A representative for Mr. Petri noted the issue is the blockage of views. He questioned how the Board could approve the addition without knowing the roof height and also questioned how the story poles were established. He noted the view being obstructed from the Petri home at 165 Avenida Miraflores is part of the Town of Tiburon and part of the Bay. Ms. Goodson speaking on behalf of the Petri's stated when the home at 150 Avenida Miraflores was originally constructed the BAR would not allow construction above the street level. The proposed addition will obstruct the view from the living room and dining room. Mr. Hariri, 163 Avendia Miraflores, stated his view is adversely affected by the proposed addition. The entire view of downtown San Francisco will be blocked from the master bedroom, which his parents spend a majority of their time in. The view from the dining alcove will also be affected. He stated with minor alterations to the proposed addition the views could be saved. Mr. Haramina, 3 Francisco Vista, expressed his concern over the proposed addition as there is already a slide condition on the property and the addition could possibly aggrivate the situation. Town Engineer Bala stated the submittal of Mr. Clock includes a report from the soils mechanic engineer in which the potential slide is described. Bala has recommended in writing that all slides be repaired and that the soils mechanic engineer sign the drawings. Bala stated the construction of the addition will improve the slide situation as it will have to be corrected and drainage improved. Mr. Jim Bell, 145 Avenida Miraflores, stated downtown San Francisco will be blocked from many rooms of the Hariri's home. Mr. Dave Coleman, representing the Hariri's, offered suggestions to save the view from the Hariri's home. He stated if the roof was lowered 3 1/2 feet the view could be saved. He also noted if the roof overhan9 on the North side of the proposed addition was 0' and the east side 7-8' the views could be saved. Or if the addition were built on the other side of the lot the view could be saved. Mrs. Spence stated she supports the Petri and Hariri's position. She stated the addition is quite large and massive and she objects to the size of the addition. Mr. Jim Holder, 8 Francisco Vista, stated he supports the Hariri's position and feels the Clock's have not been responsible or flexible in resolving the view blockage matter. Mr. Clock, 150 Avenida Miraflores, stated he endorses the Staff Report and suports the BAR decision. He stated the findings of the Board conforms with Government Code Section 65906 - findings for a variance. TOWN COUNCIL MINUTES 1611 MARCH 2, 1983 PAGE 5 Mr. Rene, applicant's architect, stated the story poles are in the right place. He commented on Mr. Coleman's recommended mitigation measures noting he designed the addition is in the best possible location and lowering the roof cannot easily be done. He stated a flat roof would be inappropriate for the house. Mr. Clock presented pictures of the view and potentital view blockage from the Hariri home, which depicted very little, if any, view blockage. Mr. Clock stated the addition follows the design gllidelines issued by the building department. He reviewed the changes to the plans in response to concerns of the neighbors and Board. He stated the matter was before the Board three times and the Board thoroughly considered all the evidence and Mr. Clock requested the Council to uphold the Board's decision. Mr. Tom Herran, attorney for the appealants, stated the only location to add on to the Clock's residence would be a front yard addition or a second story addition. He stated a second story addition costs more to build and is less enhancing to the value of the property. He stated the sole issue presented by the applicant was that of economic hardship, and in his opinion the variance will be granting a special privlidge to the Clock's. Council questioned the Town Engineer if lowering the building down the lot would create any unique soils problems. Bala responded he does not think it would require blasting. Stone Coxhead, BAR member, stated he had the Clock photos when he went the the Hariri's home and felt they were very representative of the views from the Hariri home. After discussion by the Council the Council requested the Clock's to place horizontal string from the story poles at l' intervals to allow a more accurate viewing of the potential view blockage. Council also requested the Clock's architect to look at the concept of lowering the roof line of the proposed addition. Council continued the matter to the next regular meeting. H. BUSINESS 11. COMMERCIAL AMUSEMENT DEVICES (Set Fee Schedule, Resolution) Council waived the oral staff report. Dave Wagner, Corner Market, stated he has no objections to the annual fee but does oppose the $10 per machine enforcement fee. After a brief discussion Council continued the matter to the next regular meeting to determine if the fees imposed could be made retro-active and whether merchants were billed a business license fee for the machines they currently have. I. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mayor Rockey adjourned the meeting at 1:20 AM, Thursday, March 3,1983 to Tuesday, March 8, 1983 at the Del Mar School Music Room. Dt~O~YOR Town of Tiburon TOWN COUNCIL MINUTES 1611 MARCH 2, 1983 PAGE 6 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Rockey called the adjourneo meeting of the Town Council of the Town of Tiburon to order at 7:35 p.m., on Tuesday, February 22, 1983, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS:Edelstein, Bergmann, Spratling, Rockey ABSENT: COUNCILMEMBER: Smith EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna B. PUBLIC QUESTIONS AND COMMENTS There were none. C. PUBLIC BEARINGS 1. ZONING ORDINANCE (Modifications to Zoning Ordinance) Director of Community Development Hanna noted the continuing review of the Zoning Ordinance. Public comments were called for and there was no response. The Town Council made suggestions, clarifications to Chapter 4, Procedures and to Chapter 5, General Regulations. 2. BEXAN DEVELOPMENT - MASTER PLAN - (Taylor Road - Ordinance First Reading Director Hanna presented the Planning Commission's recommendation. Applicant had proposed 8 lots on 8 acres. The Planning Commission had recommended 6 lots subject to a number of conditions. Architect Dave Coleman, representing the applicant, presented to the Town Council modifications that nad been made in the Master Plan to address the concern of view blockage from the Gustafson brothers' property. Mr. Coleman believed that the question of view blockage had been mitigated with the revisions to the plan. Mayor Rockey opened the public hearing. Mr. Art Falkner, representing the Gustafson brothers, indicated he believed that the compromise solution with view blockage was acceptable with one story development and a modification of the building envelope. The resident of 5059 Paradise Drive indicated he hoped the Council would approve the project subject to the Planning Commission's recommendations. The Council then discussed the Ordinance and the modifications to the Master Plan that had been made since the first hearing. Councilmembers Spratling and Edelstein felt that the changes to the plan were beneficial. Neither believed it would have been appropriate to modify the plan only to satisfy a potential view blockage from one residence. Each believed that the changes that had been made benefited the plan. TOWN COUNCIL MINUTES #610 FEBRUARY 22, 1983 PAGE 1 The Council did not believe that since the building envelopes had been modified it was appropriate to delete lot 8 as had been suggested by the Planning Commission. However, all Councilmembers felt that the closeness or compactness of lots 3, 4, 5 and 6 were such that one unit should be deleted in that area to allow maximum opportunity for sensitive design. The Council reviewed the Ordinance prepared and suggested modifications to the wording of some conditions of approval. The consensus of the Council is that a maximum of 7 lots should be constructed on the site ~ith one" lot being eliminated from the cluster of lots 3 through 6. MOTION: To read the Ordinance by title only. Moved: Spratling, seconded Bergmann Vote: AYES: Unanimous Mayor Rockey read: "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE HEXAN DEVELOPMENT MASTER PLAN". MOTION: Moved: Vote: Adopt first reading of the aforementioned Ordinance as amended, limiting the number of lots to 7. Bergmann, seconded Spratling AYES: Edelstein, Bergmann, Spratling, Rockey NOES: None ABSENT: Smith It was noted that the matter would come on for second reading and adoption by the Town Council on March 2, 1983, the next regularly scheduled Town Council meeting. D. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Rockey adjourned the meeting at 11:15 p.m., Tuesday, February 22, 1983, sine die. ~~~hOR Town of Tiburon TOWN COUNCIL MINUTES #610 FEBRUARY 22, 1983 PAGE 2 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 7:43 PM, Wendesday, February 16, 1983, in the Hilarita Community Room, Tiburon, California. ':A. ROLL. CALL PRESENT: COUNCILMEMBERS: Edelstein, Spratling, Smith, Rockey EX-OFFICIO: Acting Town Manager Nadritch, Director of Community Development Hanna, Town Attorney Ragghianti, Town Engineer Bala, Supt. of Public Works Brunini, Minute Clerk Stultz ABSENT: COUNCILMEMBER: Bergmann 8. APPROVAL OF MINUTES 1606, January 19, 1983 Page 4, 2nd paragraph, change 1st sentence to read "Councilman Spratling questioned how the Ordinance would be applied to establishments with exempted machines, read one way the ordinance would allow an establishment with 14 machines to install up to 19 machines and the 5 additional machines would require only a,use permi t". Page 4, 4th paragraph, 3rd sentence change to read "Councilman Spratling responded that the ordinance reads the exemption would be up to the number of machines each establishment had in place at the time of the urgency ordinance...". Page 5, 7th paragraph, 2nd sentence change to read "Council recommended this matter be continued to the next meeting to allow staff and the Town Attorney to determine whether the Attic's expanded use of Commercial Amusement Devices constitutes a change of use requiring an amendment to its Master Plan". Page 6, paragraph 3, 2nd sentence insert "only" between approving the. Page 7, Change Reilley to Riley Page 8, Change Rolph to Ralph Minutes i608, February 2, 1983 Page 1, 1st paragraph change discussed to "waived". Page 2, 2nd paragraph change Councilman Smith to Councilman Edelstein. Page 4, 3rd paragraph j2, change to read "Resolution does not reflect that the 10 units eliminated in Zone 1 can be placed elsewhere and what specific units were eliminated". MOTION: Moved: Vote: to adopt minutes j606 and ,608 as amended Spratling, Seconded by Edelstein AYES: Unanimous ABSENT: Bergmann C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES Mayor Rockey nominated Robert Marcus as the Town's representative on the Marin County Commission on Aging, seconded by Spratling and passed unanimously, Councilmember Bergmann absent. Mayor Rockey nominated Lou Brunini to the Marin Sonoma Mosquito Abatement Board, seconded by Spratling and passed unanimously, Councilmember Bergmann absent. D. COMMISSION AND COMMITTEE ORAL REPORTS TOWN COUNCIL MINUTES 1610 FEBRUARY 16, 1983 PAGE 1 There were none. E. PUBLIC QUESTIONS AND COMMENTS There were none. F. CONSENT CALENDAR Council removed Item No. 6 from the Consent Calendar for discussion. MOTION: adopt the Consent Calendar as amended, consisting of: 1. POLICE REPORT (January 1983) 2. PROPOSED STREET TRAFFIC IMPROVEMENT PORJECTS (Resolution No. 2081) 3. FEDERAL AID URBAN PROGRAM (Approval of 1983-84 Program, Resolution No. 2082) 4. CLAIM FOR DAMAGES (M. Oliphant, Recommend Denial) 5. NOTICE TO SHOW CAUSE (Illegal Unit, 4 McCart Court) Moved: Smith, Seconded by Spratling Vote: AYES: Unanimous ABSENT: Bergmann G. OLD BUSINESS 7. 1982-83 MID-YEAR FINANCIAL REVIEW (Status Report of Revenues, Expenditures and Fund Balances) Finance Director Nadritch highlighted the Town's mid-year financial stance. He noted there has been a revised estimate on the revenue projections. The Town will receive less revenues than projected, primarily due to a shortfall in the design review, permits, and other permits category. Overall the Town will receive approximately $65,000 less revenues that projected last July. Nadritch noted on the expenditure side, the Town shall be within budget and spend somewhat less than anticipated. With the revised revenues and expenditures the Town's 1982-83 deficit is projected to be approximately $141,000. Nadritch noted this deficit is approximtely $20,000 less than previously projected. H. PUBLIC HEARINGS 8. COMMERCIAL AMUSEMENT DEVICES (Regulation in the PD Zone, Ordinance 2nd Reading) Council waived the oral staff report Mayor Rockey opened the public hearing. Being no response Mayor Rockey closed the public hearing. Councilman Spratling noted the new ordinance incorporates all of the conditions placed in the motion made last week, but expressed his concern that there may be some ambiguity about the limitations imposed by this Ordinance. He recommended the following be added to Condition No. 3 "The limitation imposed on the number of Commercial Amusement Devices in this ordinance shall not apply to applications for Master Plan amendments". read by title only Spratling, Seconded by Smith AYES: Unanimous ABSENT: Bergmann Mayor Rockey read "AN ORDINANCE OF THE TOWN OF TIBURON AMENDING ORDINANCE NO.9 N.S., THE ZONING ORDINANCE, BY ADDING SECTION 23- 1 COMMERCIAL AMUSEMENT DEVICES, AND BY ADDING SECTION 23 (P) PERMITTING COMMERCIAL AMUSEMENT DEVICES IN THE PD ZONE". MOTION: Moved: Vote: TOWN COUNCIL MINUTES 1610 FEBRUARY 16, 1983 PAGE 2 MOTION: adopt second reading as amended above (Ordinance No. 266 N.S.) Moved: Spratling, Seconded by Smith Vote: AYES: Edelstein, Spratling, Smith, Rockey ABSENT: Bergmann 9. MASTER PLAN (Highlands Development, Ordinance 1st Reading) Director of Community Development Hanna reported the applicant has revised their development plan since the last hearing. The applicant proposes to -limit construction on the ridge to two stories. They have taken ~he Planning Commission's recommendation and deleted 10 units from the proposed 67 units in zone 1 and have distributed these 10 units to other areas on the site. The plan proposes 92 units. Director Hanna noted that the residents have questioned whether the Town or the County would apply their slope policies to the project. He referred to a letter dated February 10, 1983 from the Marin County Planning Department. The letter states that the County slope ordinace affects conventional zoning districts, not planned zoning districts. The effect of the slope policy would obviously depend upon whatever zoning category the County placed on the site. Director Hanna noted that drainage is also a major concern to the surrounding residents and introduced Mr. Chuck Murphy of the County Flood Control District who was present to answer any questions. Mr. Bruce Ross, applicant's architect, reported that the developer has met with the Council's Lands and Development Committee (Spratling and Edelstein) to review the revised plan and to discuss what graphic materials could best visualize the impacts of the proposed project. Mr. Ross then displayed an overlay of what the project should look like from Blackie's Pasture. He noted the project looks much less obtrusive now because the buildings have been pulled off the ridge. Council questioned what the longest building is in the project. Mr. Ross stated 100' and the longest home on Reed Ranch Road is 120', with an average length on Reed Ranch Road of 77'. Councilman Smith questioned if there is any reason to doubt this new photo overlay. Councilman Edelstein stated no. Director Hanna reviewed the relocation of the 10 units from Zone 1. He noted 5 detached units placed in zone lA intrude into the open space and in his opinion should be deleted. Council questioned the location of the three homes off Warren's Way. Hanna noted this was the only place development could occur in the areas due to soils problems. Council questioned how much of the oak forrest would be removed by construction of zone 3. Mr. Tito Patri stated he does not feel any trees would have to be removed. Mr. Ross stated the applicant would like to be able to go up to the 30' height limitation in zone 1 to allow for varying roof lines. Mr. Patri stated only about 20% of the buildings in zone 1 would go up to the 30' height. Mr. Chuck Murphy, Marin County Flood District, stated the project drains into the east ditch and this system needs work. The developer will be required to replace the culvert under Cecilia Way. The property as it exists today contributes to the present drainage problems. He noted development of the site will contribute to a better retention quality of the drainage of the site. Development of the site will substantially reduce erosion and siltation into the east ditch which causes the ditch to plug up and not function properly. Mr. Murphy noted that hopefully in a couple of years a cooperative agreement can be worked out between the State Dept. of Transportation and the Flood Control District to replace the inadequate drainage pipe under Tiburon Boulevard. Town Engineer Bala stated rebuilding of the east ditch should be TOWN COUNCIL MINUTES 1610 FEBRUARY 16, 1983 PAGE 3 a condition of approval for this project. Ms. Martha Sullivan, 5 Warrens Way, questioned whether excavation of the site will effect the water seepage on the site. Engineer Bala stated the water will be directed towards the proper location, the drainage ditch. Engineer Bala stated a condition of approval will be that any slide or potential slide within the property which will be developed will have to be repaired totally. Any slide on the open space will have to be enhanced. Mr. Ralph Sheets questioned the drainage plan that was going to alleviate high tide flooding. Mr. Murphy stated the high tide flooding has nothing to do with this project. The flooding occurs when the water overflows the creek berms and/or the pump station does not function. Ms. Hazel Caldwell, lives adjacent to east ditch, stated her support of cleaning up the ditch. Mr. Dan Roberts, 314 Karen Way, stated his concern is over peak flooding off the property. Mr. Stone Coxhead, Reedlands POA, stated their association has a subcommittee that would like to meet with the Town's Lands and Development Committee. Councilman Spratling requested that the photo-montages be checked for accuracy by the next meeting and stated the cost is to be borne by the developer. He recoInmended the Lands and Development Committee select someone to check the photos. Council also. requested that an additional, new photo-montage be done from Claire Way in Bel Aire. Council continued this item to the next regular meeting on March 2, 1983. 10. MASTER PLAN (Hexan Development, Taylor Road, Ordinance 1st Reading) Director of COInmunity Development Hanna noted this is a master plan application for 8 lots on 8 acres receiving access via Taylor Road. The Planning Commission recommends approval of 6 lots and that the applicant contribute their share to make certain Paradise Drive improvements. The Planning Commission also recommended that consideration be given to providing access to two lots adjacent to the Hexan property. Council stated they will not vote on the ordinance presented to them this evening, but gave an oral indication of approving the Planning Commission's recommendation of reducing the project to 6 lots, and stated the applicant could start reconfiguration of the lots with this indication. Mr. Dave Coleman, representing the applicant, stated he is in agreement with most of the Planning Commission's recommendations, except for reducing the density which is not acceptable. He stated it was his understanding to encourage development in the flatlands and feels the site is the type where maximum density should be allowed. Mr. Art Falkner, representing the Gustafson Brothers, displayed photographs indicating that the Gustafson's view of Mt. Tam will be impaired by development on lot No.8. He urged the Council to approve 6 lots and that lot 8 be omitted. Council continued the public hearing to Tuesday, February 22, 1983. I. BUSINESS TOWN COUNCIL MINUTES 1610 FEBRUARY 16, 1983 PAGE 4 11. VIACOM CABLEVISION (Request for Rate Increase) Valerie Castellana of VIACOM reported that she and Councilmen Edelstein and Spratling met to discuss the Town's concern of unserviced areas in Tiburon. As a result of the meeting VIACOM has proposed that an agreement be contained in the franchise agreement amendment which shall represent a statement of good faith on the part of VIACOM. Councilman Spratling stated he felt this is as much as the Town could demand at this stage. VIACOM has indicated that the Town's best barganing position would be when the Master Countywide Agreement is before the Town for approval~ Valerie Castellana stated that the Master Agreement could be negotiated towards the end of this year. MOTION: adopt Staff's recommendation to approve the rate increase, subject to the inclusion of a "Favored Nations Clause" in the agreement amendment, and that such rate increase not be effective until the new service levels are in operation and available to Tiburon subscribers. Moved: Smith, Seconded by Spratling Vote: AYES: Unanimous ABSENT: Bergmann 12. PARKS & RECREATION COMMISSION (Recommendations from 2/7/83 Meeting) Council discussed the proposed hydro-seeding of Blackie's Pasture. MOTION: that Staff contact Tony Guzzardo as to the success of dust control by hydro-seeding and if he indicates it is a successful means of dust control that the Council authorizes the expenditure of up to $2,500 for said purposes. Moved: Spratling, Seconded by Edelstein Vote: AYES: Unanimous ABSENT: Bergmann Council discussed the stenciling of "Keep Right" signs on the multi-use path. MOTION: Moved: Vote: to authorize such signage with 3" stencils Smith, Seconded by Edelstein AYES: Smith, Spratling, Edelstein NOES: Rockey ABSENT: Bergmann MOTION: Moved: Vote: to approve P&R Commission recommendations No.2, 3 and 5 Smith, Seconded by Spratling AYES: Unanimous ABSENT: Bergmann 6. ROTARY CLUB SIGN (Council Recommendations to B.A.R.) Councilman Edelstein recommended the sign be referred back to the B.A.R. with the direction that the sign be reduced 25%. He felt the B.A.R. did not really get into the design aspect of the sign because they felt there were some policy questions that needed to be addressed by the Council. Councilman Smith stated he felt the Board did act on the sign when the matter was before them, and that they approved the design. MOTION: adopt staff's recommendations that the sign be approved subject to the reduction in size butthat the sign not be sent back to the B.A.R. TOWN COUNCIL MINUTES 1610 FEBRUARY 16, 1983 PAGE 5 Moved: Smith, Seconded by Rockey Vote: AYES: Spratling, Smith, Rockey NOES: Edelstein ABSENT: Bergmann J. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS Director of Community Development Hanna reported that Ring Mountain Limited has requested that the units off Paradise Drive that could be approved subject to securing adequate access be considered separate f~om the Ring Mountain Precise Plan. Council requested this matter be a:gendized" for consideration. Council approved an encroachment permit and waived the fees for the Marbella slide repair project. K. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mayor Rockey adjourned the meeting at 12:25 AM, Thursday, February 17, 1983 to Tuesday, February 22, 1983 at 7:30 PM in the Hilarita Community Room. ~~R Town of Tiburon R. TOWN COUNCIL MINUTES 1610 FEBRUARY 16, 1983 PAGE 6 HINUTES TOHN COUNCIL CALL TO ORDER Mayor Rockey called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:40 Pt1, Tuesday, February 8, 1983, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith . Rockey EX-OFFICIO: Director of Community Development Hanna B. PUBLIC QUESTIONS AND COMMENTS There were none. C. PUBLIC HEARINGS Director of Community Development Hanna noted the continuing review of the Zoning Ordinance. Public comments were called for and there was no response. The Town Council made suggestions, clarifications and Modifications to Chapter 6, Residential Zones, Chapter 7, Non-Residential Zones and Chapter 8, Special Hazards and Overlay Zones. D. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Rockey adjourned the meeting at 10:10 PM, Tuesday, February 8, 1983, sine die. ATTE$~ R.L. KLEINERT, TOWN MANAGER/CLERK TOWN COUNCIL MINUTES #609 FEBRUARY 8, 1983 PAGE 1 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 PM, Wendesday, February 2, 1983, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: - Mayor Rockey, Bergmann, Edelstein, Spratling, Smith EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Town Attorney Ragghianti, Finance Director Nadritch,Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Acting Minute Clerk Cambern ABSENT: B. APPROVAL OF MINUTES There were none. c. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES There were none. D. COMMISSION AND COMMITTEE ORAL REPORTS There were none. E. PUBLIC QUESTIONS AND COMMENTS There were none. F. CONSENT CALENDAR Councilman Bergmann requested that Item i3 on the Traffic Safety report regarding waiving of the $250 fee not be ~j~~~~~~~ waived. Councilman Edelstein suggested that the fee be donated to the Marin Youth Symphony Group. Mayor Rocky did not like setting a precedent of waiving the fee. Councilman Bergmann agreed. Town Manager Kleinert responded that the fee covers actual costs to the Town for the use of cadets and reserve officers. He did not support waiver of the fee. Council moved Item 11 from the Consent Calendar to Public Hearings. Councilman Edelstein asked if the Council will be receiving copies of the trail maps discussed in Item 14. Town Manager Kleinert responded yes and that the matter will be agendized. MOTION: adopt the Consent Calendar as amended, consisting of: 2. NORMAN ANNEXATION (Set Public Hearing Date, Resolution) 3. ORDER TO SHOW CAUSE (Improper Drainage Improvements, 15-17 Racoon Lane) 4. OPEN SPACE MAP REVISIONS (Authorization to Hire Consultant to Update Open Space Map) 11. MASTER & PRECISE PLAN AMENDMENT (Agins Development, Continued to 2/16/83) 12. MUNICIPAL PARKING LOT (Tiburon Boulevard, Continued to 2/16/83) Moved: Smith, Seconded by Bergmann Vote: AYES: Unanimous TOWN COUNCIL MINUTES 1608 FEBRUARY 2, 1983 PAGE 1 G. PUBLIC BEARINGS 1. TRAFFIC SAFETY COMMITTEE REPORT (JANUARY 1983). Town Manager Kleinert related to Council the fact that the fees imposed are for reimbursement to the Public Safety Department for the traffic safety controls that they provide. He stated the fees should not be waived unless there was some other way of resolving the actual costs the Town incurs. Councilman $~jt~ Edelstein questioned the Town's policy on bullhorns. Chief Bailey responded that the Town only allowed the use of b~llhorns as an announcement to start the race and this has not been a problem. Councilman Bergmann asked Chief Bailey the location of the finish of the race. Chief Bailey responded that it finished in the vicinity of McKegney Green. Councilman Smith asked Town Manager Kleinert if the Town actually incurred "out-of-pocket" costs to cover this race. Town Manager Kleinert responded that the costs were primarily the hourly overtime rates for the cadets and reserve officers. Mr. John Stanley, Manager of the Youth Orchestra run, stated that his group can supply people to monitor traffic and supervise parking but would appreciate some expertise from the Police Department to accomplish this task. Mr. Stanley asked if the police department services really cost $250 or was that just a standard fee for handling traffic and parking. Chief Bailey responded that it has been a standard fee for any runs on the Peninsula, but has not been increased over the years and just barely meets the cost of hiring reserve officers, cadets anq explorers. He stated that the Town makes a very minor donation to the Explorers unit out of the $250 for supervising all the parking. Mayor Rockey suggested to Mr. Stanley that the Fine Arts Commission might make a contribution towards the $250 fee. He stated that Town Manager Kleinert might be willing to help Mr. Stanley get in touch with a member of the Fine Arts Commission to request such a contribution. MOTION: adopt Agenda Item #1 including all three recommendations without waiver of $250 fee Moved: Spratling, Seconded by Bergmann Vote: Ayes: Unanimous 5. MASTER & PRECISE PLAN AMENDMENT (Bon Appetit, Ordinance 2nd Reading, Resolution) Mayor Rockey opened the Public Hearing. No Comments Mayor Rockey closed the Public Hearing. MOTION: adopt the resolution approving an amendment to the Zelinsky Master and Precise Plan for 1599 Tiburon Boulevard - Bon Appetit Market. Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous Mayor Rockey read "ORDINANCE NO. 264 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE ZELINSKY MASTER AND PRECISE PLAN 1599 TIBURON BOULEVARD - BON APPETIT MARKET". MOTION: Moved: Vote: Adopt second reading of the aforementioned ordinance Spratling, Seconded by Bergmann AYES: Edelstein, Bergmann, Spratling, Smith, Rockey NOES: None ABSENT: None TOWN COUNCIL MINUTES #608 FEBRUARY 2, 1983 PAGE 2 6. COMMERCIAL AMUSEMENT DEVICES (Regulation of Commercial Amusement Devices in PD Zone, Ordinance 1st Reading) Town Manager Kleinert related to Council the status of this item since the previous Council meeting. He stated that Staff and the Town Attorney had been directed to review our Zoning Ordinance to see if the installation of several of these type machines constituted an actual change of use for a business property. Mr. Murray, representing Mr. Morrison of the Attic, submitted a letter ~to the Tpwn which provided a compromise to limit Mr. Morrison's video games to eight available for public use providing that his three antique machines, which are not video and are there for decorative purposes largely, are exempted. He suggested that an antique coin-operated amusement device be defined as any manufactured before 1950. Mr. Morrison's three antique machines have earned a total of $30 in the last three months, and they would promise to limit the antiques to three. Rather than pursue the "change of use" legal questions, Staff recommended the Town Council consider a proposed ordinance that allows eight video type machines and provides a definition and limitation of antique amusement machines. Mayor Rockey opened a public hearing. Jim Murray, attorney representing Mr. Morrison, stated that Mr. Morrison has a business permit for retail sales and he couldn't see how there can be a change in use. Mr. Wagner of the Corner Market stated that the sixteen machines stated on his Master and Precise Plan amendment includes the six he now has. Councilman Smith asked Chief Bailey if any complaints had been received by the Police Department regarding these video machines in any of these establishments. Chief Bailey responded that there had been no official complaints, but they have had a number of concerned parents calling in reference to the hours of use and the money expended on the machines. They have had nothing but full cooperation from the establishments. Councilman Spratling stated that the principal control that he thought the Town was looking for was regulation by Conditional Use Permit, and most importantly the last sentence of Paragraph B which states: "In approving the Use Permits and possible extensions, findings must be made that the use will not or has not created or increased the incidence of loitering, vandalism, pedestrian obstruction, excessive noise, or any other activity that may have an adverse effect on adjacent or vicinity properties, residences, or businesses." MOTION: an ord,inance of the Town of Tiburon amending ordinance No.9 N.S., the Zoning Ordinance, by adding Section 23-1 Commercial Amusement Devices, and by adding Section 23 (P) Permitting Commercial Amusement Devices in the PD Zone with the following added conditions: 1. Attached to the Ordinance as Exhibit 1, inventory of units in place on December 2, 1982. 2. The fourteen units listed to Chris Morrison of the Attic be modified per the letter agreement between his Counsel and the Town Manager. 3. The only establishments exempted from the conditional use permit requirement of the ordinance are those that are listed in Exhibit 1 and that they are exempted only up to the number of machines listed in that inventory. 4. Any machines thusly exempted shall be included in TOWN COUNCIL MINUTES 1608 FEBRUARY 2, 1983 PAGE 3 the total number of machines and added to any new units proposed by application for conditional use permit under this ordinance. Moved: Spratling, Seconded by Smith Vote: AYES: Spratling, Smith, Rock~y NOES: Edelstein, Bergmann ABSENT: None 7. MASTER PLAN (Highlands Development, Ordinance 1st Reading) Community Development -Director Hanna related to Council input that had been received the" last two weeks regarding this project. The concerns were as follows: 1. Traffic 2. Soil Stability 3. Property Drainage 4. Density 5. Configuration 6. Buffer Zone Director Hanna stated to Council the Planning Commission's recommendation as follows: 1. Zone 1 - Out of 67 units proposed only 57 units will be constructed. 2. The ten units eliminated from Zone 1 could be replaced in Zone 2, 2A and 3. 3. The separation of Zone 1 from existing single- dwelling homes on Reed Ranch Road will be 60 feet of no construction area and 60 feet of area with one- story construction (or l4-foot high construction). Beyond this area, the maximum height would be 30 feet. Councilman Spratling made the following comments and suggestions on the resolution: 1. Calculate average slope of project and submit to County Planning Department for advisory opinion on the maximum density that the Countywide Plan and Strawberry Plan would allow because of LAFCO policy and agreement on County property. 2. Resolution does not reflect that the 10 units eliminated in Zone 1 can be placed elsewhere ~~iii t~i ti~ ~~tt~ ti~~ t~~i t ~ii t~ g~, and what specific units were eliminated. Mayor Rockey open Public Hearing. Riddendorf, resident at 2 Southridge East, concerned with density and control of design features on ridge. Stone Coxhead, president of Reedlands Property Owners Association, concerned with buffer zone and fire road becoming a recreation area, density on ridge, size of buildings and number of units in each building. Dan Roberts, resident at 314 Karen Way and representative of Bel Aire Improvement Association, made following requests: 1. No more than 14 units be built in Area 2. 2. Area 2 height limitation be established at no more than 24 feet. 3. Greenbelt of not less than 60 feet measured from Highlands property line. 4. Since, in his opinion, flood control and drainage had not been properly addressed previously, a subcommittee be appointed to examine drainage impacts of development. Dick Oliver, resident at 39 Reed Ranch Road, concerned with soil stability, density and drainage. TOWN COUNCIL MINUTES 1608 FEBRUARY 2, 1983 PAGE 4 Bran Fanning, resident at 4 Burrell Court, concerned with density. Peck Taylor, resident at 33 Reed Ranch Road, concerned with density and sees project as a repetition of Red Hill "scramble". Tom Riley, resident at 43 Reed Ranch Road, requested that the Council please listen to the concern of the citizens and act accordingly. Kambiz Shadon, resident at 8 Circle Drive, suggested that a commi ttee be appointed to ".study traf fic at Cove Shopping Center and frontage road and that the moderate income units of the project be dispersed throughout the project. Bob Rogers, resident at 60 Hamlett Court, suggested a full scale study of drainage in Bel Aire Basin. Mayor Rockey closed Public Hearing. Councilman Smith stated that the Council's concentration should be on the issue of density at the top of the ridge since this was the primary concern of the citizens. Councilman Spratling agreed. Martha McCart, representing the developer, Innisfree/Tiburon Associates, reviewed with the Council the EIR on the project and presented visual aids to respond to density and visual impact comments. The developer also responded to the potential problem of the fireroad becoming a recreation strip by stating that landscaping could be used to discourage active recreation and the turf-blocks which would be installed on the fireroad which would discourage such recreation. . Bruce Ross, applicant's architect, handed out to the Council schematic floor plans of the units proposed to clarify that these are patio homes not flats. No one lives on top or under anyone else. Mayor Rockey suggested that the visual aids be left at Town Hall for review by the Council. Town Engineer Bala suggested that a representative from the County for flood control in Zone 4 attend the next regular Council meeting. Councilman Spratling suggested that Director Hanna confirm whether or not the County's slope policy applies on this project by the next regular Council meeting. This item was continued to the next regular Council meeting. 8. DRAFT E.I.R. (Neill Smith Property, Acacia Drive) Community Development Director Hanna recommended that Council direct the EIR consultant to prepare the final EIR with the consideration that any questions and comments be addressed and included in the final EIR. A representative of the Seafirth subdivision had requested additional time to respond to the EIR. The Council directed the consultant to allow up to two (2) weeks for Seafirth Homeowners Association comments and to include reponses in the final EIR. Mayor Rockey opened the Public Hearing. No comments or questions were received. Mayor Rockey closed the Public Hearing. MOTION: Moved: Vote: Direct Preparer to Complete Final E.I.R. Spratling, Seconded by Smith AYES: Unanimous TOWN COUNCIL MINUTES 160 8 FEBRUARY 2, 1983 PAGE 5 9. CERTIFICATION OF E.I.R. (Marbella, 120 Red Hill Circle) Community Development Director Hanna stated that adjacent property owners did not feel their concerns were adequately addressed in the draft EIR. These issues were included in two letters received and would be included in the final E.I.R. Mayor Rockey open the Public Hearing. Snyder, an adjacent pr-operty owner, expressed his concerns to Council regarding the existing slide on the property and a spring which has recently been discovered on the property. Town Engineer Bala stated that another soils investigation will be required which would be much more stringent than usually required. Charlotte Jurs, an adjacent resident, asked the Council if the spring had anything to do with the slide. Supt. of Public Works Brunini stated that it was very obvious that it did. MOTION: Certify the EIR subject to inclusion of the various concerns expressed at this Council Meeting. Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous 10. ZONING ORDINANCE AMENDMENT (Establish Zoning Violations Infractions, Ordinance 2nd Reading) Mayor Rockey opened the Public Hearing. No comments. Mayor Rockey closed Public Hearing. MOTION: Moved: Vote: read by title only. Spratling, Seconded by Bergmann AYES: Unanimous Mayor Rockey read "AN ORDINANCE DESIGNATING VIOLATION OF ORDINANCE NO. 9 N.S. OF THE TOWN OF TIBURON AS INFRACTIONS". MOTION: Moved: Vote: Adopt, second reading of the aforementioned ordinance Spratling, Seconded by Bergmann AYES: Edelstein, Bergmann, Spratling, Smith, Rockey NOES: None ABSENT: None H. BUSINESS 13. VIACOM CABLEVISION (Request for Rate Increase) Valerie Castellana of Viacom discussed the proposed rate increase and an amendment to the existing franchise agreement with the Town Council. She responded to questions presented in a staff report from Town Manager Kleinert as follows: A. Presented a map of Tiburon outlining how much of Tiburon is currently served by Viacom. There are only 852 subscribers out of a possible 1859 currently. (less than 40% penetration). The real problem areas are Sugar loaf, Round Hill Road and downtown Tiburon which are not served by Viacom and present a significant cost to provide service. B. Viacom is planning to rebuild current system to provide additional channels. C. The proposed cost of rebuild ($400,000) is a capital expense. The rate increase is the first rate increase since 1975. The rate will be $8.95 for basic service and $3.75 for secondary outlets. TOWN COUNCIL MINUTES 1608 FEBRUARY 2, 1983 PAGE 6 D. Expanded service will include 24 basic channels or a total of 27 services for all communities. A Master Agreement is being discussed throughout the County to replace existing franchise agreements with individual cities. E. All the Tiburon schools and the police station are wired to enable specialized programming. The fire station in downtown Tiburon is not since that area is not served by cable. F. There were 563 service calls in 1982 in Tiburon. This is too high. Rebuild will make cable system more stable and reli~ble and will cut down on service calls. G. The number of Basic subscribers in Tiburon in 1978 was 725, in 1979 was 849, in 1980 was 903, in 1981 was 856 and 1982 was 852. H. There are currently 363 pay subscribers in Tiburon. I. Tiburon's Franchise fee will increase 36% due to rate increase. Penetration will increase; therefore, franchise fee will increase. This item was continued to the next regular Council meeting. 14. TEMPORARY USE PERMIT (Southern Pacific Parking Lot, Resolu tion) This item was continued to the next regular Council meeting. 15. 1982-83 TIBURON MID-YEAR FINANCIAL REVIEW (Status report of Revenues, Expenditures and Fund Balances) This item was continued to next regular Council meeting. I. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS Mayor Rockey reported to the Town Council that after review of the title documents by the Town Attorney, he had executed the Grant Deed transferring title of the Reed Ranch Road lot to the Town Manager in accordance with theprovisions of and authority granted to him by the previously approved Agreement between the Town and the Kleinerts. The Council confirmed the action of the Mayor. Town Manager Kleinert brought to Council's attention that litigation had been filed in Southern California against all California Counties and Cities regarding Proposition 13 collection of unsecured taxes. The County of Marin has asked for a coordinated defense by the Marin agencies and they would be willing to be the lead agency. The Town's pro-rata share would be minimal, and the Town Attorney supports our participation. MOTION: adopt the resolution desiganting the County of Marin as Tiburon's representative in the subject litigation Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mayor Rockey adjourned the meeting at 12:l0AM, Wednesday, February 2, 1983, to Tuesday, February 8, 1983 at 7:30 PM. ~.f~ DENNIS ROCKEY, MAY Town of Tiburon A~ R. L. KLEINERT, TOWN MANAGER/CLERK TOWN COUNCIL MINUTES i608 FEBRUARY 2, 1983 PAGE 7 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Rockey called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:35 PM, Tuesday, January 25, 1983, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Spratling, Bergmann, Smith, Rockey EX-OFFICIO: Director of Community Development Hanna ABSENT: COUNCCILMEMBER: Edelstein B. PUBLIC QUESTIONS AND COHMENTS There were none. C. PUBLIC HEARINGS Director of Community Development Hanna outlined that the entire Zoning Ordinance was undergoing revision with modifications in the format and clarification of the provisions. The public hearing was opened for comments and there were none. Director Hanna said that it was not intended that any existing uses or regulations be changed to affect existing properties. However, clarifications of the regulations and the new codification system should make the Ordinance more understandable and easier to. administer. The Town Council then discussed Chapter 1, General Provisions, Chapter 2, Definitions and Chapter 3, Designation of Districts. The Council suggested modifications and clarifications to be incorporated into the revisions of the draft Zoning Ordinance. D. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Rockey adjourned the meeting at 10:10 PM, Tuesday, January 25, 1983, sine die. ~Rd.~ DENNIS ROCKEY, MAYOR Town of Tiburon TOWN COUNCIL MINUTES #607 JANUARY 25, 1983 PAGE 1 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 7:37 PM, Wednesday, January 19, 1983, in the Hilarita Community Room, Tiburon, California. A. ROLL_ CALL PRESENT: COUNCILMEMBERS: Edelstein (8:00 PM), Bergmann, Spratling, EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Town Attorney Conn, Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Minute Clerk Stultz ABSENT: COUNCILMEMBER: Smith B. APPROVAL OF MINUTES 4605, January 5, 1983 Page 1, last sentence, change to read "Council expressed their opinion that the questionnaire is a difficult one and that they are being asked to comment on issues that they need more information on before commenting intelligently. Page 2, 1st paragraph, last sentence, change to read "Mr. Miller suggested he could work with the Councilmembers individually or with the Town Manager to provide the necessary information to formulate the Town's position. Page 3, 1st paragraph, last sentence, change to read "Director Hanna noted that while on any single holding of land the owner has the right to submit a plan...... MOTION: Moved: Vote: approve minutes 4605 as amended Spratling, Seconded by Bergmann AYES: Bergmann, Spratling, Rockey ABSENT: Smith, Edelstein c. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES There wre none. D. COMMISSION AND COMMITTEE ORAL REPORTS Councilmember Bergmann reported that she attended the League of California Cities Redwood Empire Division meeting in Benicia last Saturday. E. PUBLIC QUESTIONS AND COMMENTS 1. VIACOM CABLEVISION (V. Castellana, Director of Planning & Development) Ms. Castellana reported on Viacom's present proposal to rebuild the cable system in Tiburon to provide 24 channels instead of the present 12 channels. She also noted that Viacom is proposing a rate increase, the first increase since 1975 which will be the subject of a future public hearing. The proposed increase will raise the Town's franchise fee revenues approximately 40%, from $6,000 to $9,000 per annum. She reported the rebuild plans are scheduled to take place in April. Council requested the Town Manager be provided a schedule of TOWN COUNCIL MINUTES #606 JANUARY 19, 1983 PAGE 1 activities related with the rebuild plans and any disruptions to the Town. Councilman Spratling questioned Viacom's procedure for installing cable service to those areas presently not receiving service. Ms. Castellana responded Viacom's ability to install new service is based upon an internal review of monetary returns over a certain number of years, i.e. if Viacom would not receive any returns within a certain number of years then the service would not be installed. Councilman Edelstein and Spratling expressed their dissatisfaction with this procedure and recommended this be discussed further at the time of the rate increase hearings. Councilman Spratling requested the Town Manager to indicate those areas of Tiburon which do not receive cable service at the time of the rate increase hearings. F. CONSENT CALENDAR Council moved items No. 12, 16, 17, 18 and 19 to the Consent Calendar. Council removed Item No. 4 from the consent calendar and referred the matter to the Traffic Safety Committee. Council added an Item No. 21 to the consent calendar, the extension of the Del Madera Tentative Map for two years. MOTION: adopt the consent calendar as amended consisting of: 2. POLICE REPORTS (December 1982 and Annual 1982 Repor t) 3. FINANCE REPORT (December 1982) 5. BELVEDERE/TIBURON DAY CARE CENTER (Authorize Recreation Director to Maintain State license" Resolution No. 2072) 6. PARKS & RECREATION COMMISSION (Change Meeting Date from Second Thursday to Second Monday of each Month) 7. MCCMC TRANSIT SURVEY (Public Services Committee Recommendations) 12. MASTER & PRECISE PLAN AMENDMENT (Agins Development, Continued to 2/2/83) 16. 1982-83 TIBURON MID-YEAR FINANCIAL REVIEW (Status Report of Revenues, Expenditures & Fund Balances, continued to 2/2/83) 17. PARKS & RECREATION COMMISSION REPORT (Approval of Commission Recommendations) 18. MANAGEMENT EMPLOYEE COMPENSATION PROGRAM (Adoption of New Policy & Salary Fringe Benefit Adjustments, Resolution No. 2074 and 2076) 19. TOWN MANAGER'S COMPENSATION (Salary Adjustment, Resolution No. 2075) 21. EXTENSION OF TIME TO FILE FINAL MAP (Del Madera Properties, Resolution No. 2077) Moved: Bergmann, Seconded by Spratling Vote: AYES: Unanimous ABSENT: Smith G. PUBLIC HEARINGS 8. MASTER & PRECISE PLAN AMENDMENT (A. Allen, 35 Lyford Drive, Ordinance 2nd Reading, Resolution) Council waived the oral staff report. Mayor Rockey opened the public hearing. Being no response the public hearing was closed. MOTION: Moved: Vote: to read by title only Spratling, Seconded by Bergmann AYES: Unanimous ABSENT: Smith Mayor Rockey read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN TOWN COUNCIL MINUTES #606 JANUARY 19, 1983 PAGE 2 OF TIBURON APPROVING THE MODIFICATION OF THE APPROVED MASTER PLAN FOR THE PLANNED DEVELOPMENT AT 35-39 LYFORD DRIVE". Motion: adopt second reading of the aforementioned ordinance ( No . 263 N. S. ) Moved: Spratling, Seconded by Bergmann Vote: AYES: Edelstein, Bergmann, Spratling, Rockey ABSENT: Smith Motion: adopt the resolution amending the precise plan for 35 Lyford Drive Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous ABSENT: Smith 9. CERTIFICATION OF FINAL E.I.R. (Hexan Development, Taylor Road) Council waived the oral staff report. Mayor Rockey opened the public hearing. Being no response the public hearing was closed. certify the final EIR for the proposed Hexan Development Spratling, Seconded by Bergmann AYES: Unanimous ABSENT: Rockey 10. MASTER & PRECISE PLAN AMENDMENT (Bon Appetit, Ordinance 1st Reading> MOTION: Moved: Vote: Council waived the oral staff report. Mayor Rockey opened the public hearing. Being no reponse the public hearing was closed. MOTION: Moved: Vote: read by title only Spratling, Seconded by Bergmann AYES: Unanimous ABSENT: Smith Mayor Rockey read IIAN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE ZELINSKY MASTER AND PRECISE PLAN 1599 TIBURON BOULEVARD - BON APPETIT MARKETII. Motion: Moved: Vote: adopt first reading of the aforementioned ordinance Spratling, Seconded by Bergmann AYES: Edelstein, Bergmann, Spratling, Rockey NOES: None ABSENT: Smith 11. ZONING ORDINANCE AMENDMENT (Establish Zoning Violations Infractions, Ordinance 1st Reading) Council waived the oral staff report. Mayor Rockey opened the public hearing. Being no response the public hearing was closed. MOTION: Moved: Vote: read by title only Spratling, Seconded by Bergmann AYES: Unanimous ABSENT: Smith Mayor Rockey read "AN ORDINANCE DESIGNATING VIOLATION OF ORINDNACE NO. 9 N.S. OF THE TOWN OF TIBURON AS INFRACTIONS". MOTION: Moved: Vote: adopt first reading of the aforementioned ordinance Bergmann, Seconded by Spratling AYES: Edelstein, Bergmann, Spratling, Rockey JANUARY 19, 1983 PAGE 3 TOWN COUNCIL MINUTES #606 ABSENT: Smith 13. COMMERCIAL AMUSEMENT DEVICES (Regulation of Commercial Amusement Devices in PD Zone, Ordinance 1st reading) Director of Community Development Hanna noted the Town Council recently adopted an urgency ordinance placing a moritorium on the installation of any additional commercial amusement devices in the Town of Tiburon. The ordinance before the Town Council this evening is based upon othe~ ordinaoce that are in effect in Marin County. This ordinance provides that anyone requesting to operate video games secure a Conditional Use Permit from the Planning Commission. It also provides that no more than five (5) video games should be allowed in anyone business establishment and that they not be installed within 300 feet of a school. It also calls for a cut-off period of 10:00 PM with a waiver given to establishments where no minors are allowed. The Planning Commission also felt that establishments containing more than five (5) video games would constitute a more substantial modification in use and would require a master and precise plan amendment, and should be reviewed on an individual basis. Councilman Spratling questioned how the Ordinance would be applied to establishments with exemited machines ~~i~~tj~~ ~~ ~~~~t~i~ ~~ii~~ttt j~ ~t~~i j~ .~ i t~~Xj~~~~~t ~~~t~ ~~ ~i~~t~d, i.e. read one way the ordinance would allow an establishment with 14 machines could install up to 19 machines and the 5 additional machines would require only a use permit. Town Attorney Conn stated any ambiguity in the ordinance should be cleaned up. Councilman Spratling questioned if a legal non-conforming use survives a change in ownership if the use stays the same. Director Hanna responded yes. Mayor Rockey opened the public hearing. Mr. James Murray, representing Chris Morrison, stated Chris is willing to be subjected to the provisions of the ordinance with the understanding that the 14 games he has in the establishment were installed before the urgency ordinance was acted upon. Mr. Murray expressed his concern that the fees for the machines can be established from time to time by Resolution of the Town Council, noting the fees could be set to regulate the number of machines a person would want to install. Mr. David Wagner, David & Sons Corner Market, questioned the exemption provision and if Mr. Morrison would be required to reduce the number of machines in his establishment to 6 or would the Corner Market be allowed to install up to 14 machines. Mr. Wagner also requested that the fees collected by the Town from the machines go back into after school programs. Councilman Spratling responded that the ordinance reads the exemption would be up to the number of machines each establishment had in place, at the time of the urqency ordinance, not a blanket number. Mr. Wagner objected to the exemption provision noting that in June 1982 he went to the Town asking if there are any restrictions on the number of machines he could install. He was told there were no restrictions, and he explained he had plans to install 16 machines. He was advised by Town Staff the Council was considering restricting the number of machines that could be installed in a business establishment and he agreed to hold off on installing any additional machines. Council quesitoned Chris Morrison as to when he installed his machines. Chris indicated the machines were in place the day before the urgency ordinance was adopted. Mr. Murray stated Chris had no notice the Council was considering an urgency ordinance. Town Attorney Conn noted that when this ordinance is adopted and TOWN COUNCIL MINUTES #606 JANUARY 19, 1983 PAGE 4 in effect ordinance No. 261 N.S. is then repealed. Town Manager Kleinert stated he is concerned about the fairness to Mr. Wagner who has worked with the Town during the ordinance hearings. Kleinert stated when the inventory of machines in the downtown business were completed the number of machines in The Attic was more than he had expected. Mayor Rockey questioned why the machines in Main Street Properties' office were not counted. Mr. Murray stated the machines are for the use of the people in the office and the money collected goes to the Marin City Boys Club. Being no further comments Mayor Rockey closed the public hearing. Mayor Rockey noted that condition C.3. of the ordinance prohibits the use of the machines by minors after 10:00 PM and questioned whose responsibility it is to enforce that regulation. Town Attorney Conn stated it is intended that the owner will be responsible for seeing that the regulations of this ordinance are applied. Council requested that condition C.3. be clarified. Councilman Edelstein requested Condition 5 also include "or interfer with passage to other facilities or to exits". Council questioned the Chief of Police if these machines cause any problems in the downtown area. Chief Bailey responded the comments he has received are from the parents on how much money the kids are spending on the machines and there needs to be some controls. Councilman Spratling concurred that there needs to be some controls on video games as arcades are not compatible with the character of the Town. He expressed his conern with the timing of the placement of the machines in The Attic. Coun~ilman Spratling stated he feels Mr. Wagner should be given a credit for community cooperation to allow him to install up to 14 machines in his establishment. Council discussed the establishment of fees and requested Staff to prepare a resolution establishing the fees. Town Manager Kleinert noted The Attic's use has been for a coin and stamp shop and the installation of 14 video game machines substantially changes the use of the establishment. Mr. Murray stated that some of the machines in The Attic are antiques so 14 machines at once are never open to the public. Council questioned what number of machines in an establishment would change the use of the business. Council recommended this matter be continued to the next regular meeting to allow staff and the Town Attorney to determine whether the Attic's expanded use of Commercial Amusement Devices constitutes a change osf use requiring an amendment to its Master Plan. tWi ~~~~ ~tt~i~it t~ ~~t~i~t~i t~ ~W~t itti~t tW~ it~~~tt~~ tW~~X~ .~~~t t~ ~~~j~i~~i~ ~it~ii Jt~ ~~~~tjt~ti~ ~ ~~.~ii ~t ~~i ~i jt ~.~W ~~~.tj~~ ~~~X~ ~i ~y.X~~t~~ ~~ jt~ ~~~ ~~iJt~. 14. APPEAL OF B.A.R. DECISION (New Residence, 3616 Paradise Drive) Director of Community Development Hanna reported this matter is an appeal of a Board of Adjustments approval of a single family dwelling off Paradise Drive. Construction of the building is within the building setbacks and access if off a private driveway. Because of the narrow access easement and the small area of buildable land the B.A.R. separated issues of access and design review and found the design to be appropriate, and conditioned approval upon gaining appropriate, safe access. Director Hanna stated the Council can either uphold the appeal, deny the appeal or reverse the decision on the single family dwelling and remand the entire matter of design and access back to the Board. Council questioned if the proposed structure requires any TOWN COUNCIL MINUTES #606 JANUARY 19, 1983 PAGE 5 variances. Director Hanna responded no. Council questioned if the proposed parking complies to Town standards. Director Hanna stated tandem parking is proposed and can be approved if there are extenuating circumstances. Mr. Jim Malott, Chairman of the B.A.R., reviewed the Board's decision. He noted the matter has been before the Board for over six months and there has been three design proposals. He noted parking is on the site in tandem style, but access is provided on an easement. Mr. Malott stated the Board reviewed the size of the building noting it is not any bigger than those in the surrounding area. The Board also considered view blockage and noted the building is almost out of sight of the neighboring houses. Another issue considered by the Board was the neighbors rights to access to the beach and the Board did not feel the house takes away the access rights of the neighbors. Mayor Rockey opened the public hearing. Councilman Edelstein stated his concern over the Board separating the access and design review issues. He recommended continuing this matter until the Town has a clearer understanding on the access problem. Town Attorney Conn noted one problem of continuing the matter is that the Board has acted and approved the design of the house and, if continued, the action could become final. Conn stated the Town could vacate the action of the Board approving only the design of the house without prejudice. He questioned when the final date for action on this matter is in regard to AB884. He noted perhaps the Board should be required by the Council to act on the matter by a certain date or deny the application. Mr. Steve Fraiser, representing the applicant, questioned the need to vacate the action of the B.A.R. and asked if it would be possible to continue the matter for a couple of weeks to allow the applicant to further address the access problems with the Board. Attorney Conn stated it would not be possible to continue the matter as the Board decision would become final. Mr. Fraiser noted that when the parcel was originally subdivided access was to be provided through the Dallman's property, but when the map was recorded that access was eliminated. Mr. Peter Becker, representing the Robinsons, recommended the action of the Board be vacated until a solution to the access problem is resolved. MOTION: to vacate the action of the Board of Adjustments on the grounds of a procedural error in approving the structure without provisions for access, the Council's action being without prejudice to the Board of Adjustment and Review's approved structure location or design. This matter is remanded back to the B.A.R. for reconsideration at such time the applicant provides the Board with planning that will satisfy all applicable Town regulations which are necessary for the design review approval, with particular reference to adequate street access. In the event this information is not forthcoming by March 31, 1983, then the Board should agendize the matter and deny it. Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous ABSENT: Smith 15. MASTER PLAN (Highlands Development, Ordinance 1st Reading) Director of Community Development Hanna noted the matter before the Council is three (3) separate matters, being 1) master plan approval to develop clustered, multi units; 2) prezoning of the property, and 3) annexation of the property to the Town of Tiburon. If the application is given approval b~ the Town then the applicant shall proceed to LAFCO for annexat~on to the Town TOWN COUNCIL MINUTES 1606 JANUARY 19, 1983 PAGE 6 and then submit the precise plan. The master plan originally submitted has been modified. The original plan called for 107 units and the plan before the Council proposed 92 residential units. Access to the project was of some concern and a modification to the entrance has been done. The original proposal called for tennis courts and a swimming pool. The tennis courts have been eliminated and the swimming pool or saunas will be placed within the clusters. The large, excavated area on top of the hill, Zone 1, contains 6 clusters, noted as clusters 1, 2 and 3 on the map presented to the Council this evening. Zone 2 contains duplex units off Cecelia and Leland Way. Zone 3 is one single family dwelling off Warren's Way. The Planning Commission recommended instead of 67 units in zone 1, 10 units be deleted to reduce the impact to the homes on Warren's Way. The Planning Commission recommended that there be a 60' buffer zone from the property line in which no construction could take place, and within the next 60' construction be limited to one story. The Planning Commission also recommended that if during the precise plan stage the applicant can show that the eliminated 10 units from cluster 1 would not have any adverse impacts, they can be placed in Zone 2, 2A or 3. Mr. Barney McCarthy, representing Innisfree, opened the presentation with a slide show. The slide presentation showed the project area in the 1950's, the surrounding neighborhood densities and the proposed project densities, etc. Director of Community Development Hanna noted the Town has received numerous letters and comments regarding the project. At the last Planning Commission hearing a representative of the Sierra Club was present and spoke in favor of the project. He noted all parking is underground. Mayor Rockey opened the public hearing. Ann Ross, 13 Reed Ranch Road, spoke on the application noting her concern over the impact the units will have on the already over- crowded Cove Shopping Center parking lot, and the traffic impacts. Councilman Edelstein noted the EIR for the project recommends the installation of an additional lane on Blackfield Drive to mitigate the traffic impacts. The LaCresta development and the Highlands are to share in this mitigation cost. He also noted the parking situation at the Cove Shopping Center is a County error. Dr. Tom Riley, Reed Ranch Road, spoke in opposition of the proposed development noting it will be like the Shelter Bay development in Mill Valley. Mr. Stone Coxhead, 34 Reed Ranch Road, spoke on behalf of the Reedlands POA. He stated the project will visually impact the Reedlands and Bel Aire residents. The Reedlands POA is concerned with the noise that will be generated from the units and the open space that is to be left is practically impassible. The EIR consultant on page 299 suggested a denisity of 30 units for the project and recommended approval of that density. He stated the concept of the building set backs is appropriate but recommended they be from the rim of the ridge and not from the property line. Mr. Coxhead stated the low/moderate income housing should be distributed throughout the project and not placed in only one zone. Mr. Coxhead referred to a letter from the Reedlands Homeowners' Association, dated January 11, 1983, which states they do not feel the PD zoning classification is appropriate for the property and that they feel the development should be all single family residences. The letter requests the Town to uphold its ridgeline policy. The letter states the County recommends an 18' height limit on the ridge of the property and that the Reedlands HOA would support the County's recommendation. Mr. John Greenspan, 28 Southridge, stated he does not object in principal to development on this site, but he would like to see single family dwellings built. He stated approval of the TOWN COUNCIL MINUTES j606 JANUARY 19, 1983 PAGE 7 proposed plan would be precedent setting for the Town. He stated the Town of Tiburon has set an example of fine Town planning in which two important principals have been established, absence of ridgeline development and avoiding excessive, high density. Mr. Carmin Shardon, 8 Circle Drive, spoke on the application stating his concern over traffic at the Cove Shopping Center, traffic on the frontage road, drainage, building heights and density. Ms. Pricilla Tripp, 15-2 Blackfield Drive, stated the proposed development is completely 'out of character wi th the surrounding areas. This development will inter fer with the quality of life for neighbors of the development. She noted with the La Cresta Development, Ring Mountain, Reedland Woods School site and the Highlands, there will be approximately 250 additional units recieving access via Blackfield Drive. These additional units will create approximately 2,500 additional vehicular trips per day. She also supported spreading the low/moderate income housing throughout the project. Mrs. Virginia Brunini, 276 Karen Way, stated the density of Bel Aire is 5:1 which is greater than the density proposed by this development. She stated alot of people want the development defeated because they are opposed to any development on this property. She stated cluster housing does not mean undesireable housing. She stated the low/moderate income housing should be located in one area so the residents would not have to pay the same homeowners' association dues. Mr. Bob Ross, 16 Reed Ranch Road, spoke in opposition of the project. Mrs. Joan Bergsund, 55 Seafirth Road, stated she is impressed with the work by all parties, but stated the developers have not convinced the residents that the development is appropriate for the site. She supported the concept of the low/moderate income housing being dispersed throughout the project. Mr. Ralph Sheets, 6 Burrell Court, stated there are three key issues related to this development that need to be addressed and answered, they are 1) the appropriateness of cluster housing, density and massiveness, and the Town's ridgeline policy. He questioned the Town's policy relating to the clustering concept. He questioned if Innisfree is going to set the policy for the Town in their push to receive approval of this project, what is the rationale to be employed by the Town in addressing the issue of density and massiveness of this project and what is the definition of a ridgeline. Council continued the public hearing to February 2, 1983. H. BUSINESS There was none at this time. I. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS There were none at this time. J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mayor Rockey adjourned the meeting at 11:35 PM, Wednesday, January 19, 1983, to Tuesday, January 25, 1983 at 7:30 PM. DE~oce~ Town of Tiburon TOWN COUNCIL MINUTES 1606 JANUARY 19, 1983 PAGE 8 ATTEST: R. L. ~~LE~ TOWN COUNCIL MINUTES #606 JANUARY 19, 1983 PAGE 9 MINUTES TOWN COUNCIL CALL TO ORDER Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 7:45 PM, Wendesday, January 5, 1983, in the Hilarita Community Room, Tiburon, California. ~A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith, Rockey EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Town Attorney Ragghianti, Town Engineer Bala, Supt. of Public Works Brunini, Minute Clerk Stultz B. APPROVAL OF MINUTES 1603, December 1, 1982 Page 3, change "bad credit" to "uncollectable accounts receivable". Page 6, 1st line, change party to part 1604, December 9, 1982 There were no corrections MOTION: Approve Minutes 1603 and i604 as amended Moved: Smith, Seconded by Spratling Vote: AYES: Unanimous NOES: None ABSTAIN: Bergmann C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES There were none. D. COMMISSION AND COMMITTEE ORAL REPORTS 1. MARIN MOSQUITO ABATEMENT DISTRICT (Report by S. Hopkins) The Town Council accepted the report submitted by Stewart Hopkins on the Marin Mosquito Abatement District. Town Manager Kleinert reported that he has received a separate letter from Stewart Hopkins, Tiburon's representative to the Mosquito Abatement District Board, suggesting that he step down from the position. Manager Kleinert reported that Lou Brunini is interested in serving the the Board. Council commended Mr. Hopkins for his excellent job in serving on the Marin County Mosquito Abatement District Board. 2. MCCMC TRANSIT TASK FORCE Mr. Vern Miller of the Marin County Transit District stated it is the District's desire to transfer its portion of transit services over to the Golden Gate Bridge and Highway District. He stated the Tiburon Peninsula presently receives commute runs, some para- transit services and dial-a-ride for elderly and handicapped persons. Mr. Miller then referred to the questionnaire regarding policy questions on local transit. Council expressed their opinion that the questionnaire is a difficult one and that they are being asked to comment on issues TOWN COUNCIL MINUTES 1605 JANUARY 5, 1983 PAGE 1 that they need more information on .~~ .~~~~i ~t~~ii~i before commenting intelligently. Mr. Miller suggested he could work with the Councilmembers individually or with the Town Manager to provide the necessary information for formulate the Town's --- ~~jy{jrz$~. After discussion, Council recommended that Mr. Miller meet with the Public Services Committee and the Town Manager to formulate the Town's position. Councilman Smith reported the Ferryboat Advisory Committee's letter outlining their marketing p.rogram was distributed to ferry patrons on Monday, January 4, 1983. Already there has been approximately 125 applications for membership in the Fantail Club. Council recommended additional letters be provided at the ferryboat snack bar and announced by the captain, for those persons not riding the ferry and January 4th. E. PUBLIC QUESTIONS AND COMMENTS There were none. F. CONSENT CALENDAR Council moved items 13 and 15 to the Consent Calendar. Council requested in regard to Item 5 the Town Engineer contact Bob Crockett of CAL/TRANS to determine if left hand turns from Trestle Glen Blvd. and Jefferson Drive could be prohibited only during peak traffic hours. Councilman Spratling requested in regard to Item 6 that Staff contact the Housing Authority to determine if the bond issue should be so limited to only first time home buyers In regard to Item 7, Councilman Spratling noted the Council's Administration and Finance Committee recommended that the Town waive building permit fees and planning services fees. It was the Town Manager's opinion that he should pay those fees. In regard to Item 8, Councilman Spratling questioned if the contract provides that the contractor will overlay Roundhill Road where the slide work is being done. Town Engineer Bala responded yes. MOTION: adopt the Consent Calendar as amended, consisting of: 3. FINANCE REPORT (November 1982) 4. POLICE REPORT (November 1982) 5. TIBURON BOULEVARD/TRESTLE GLEN INTERSECTION IMPROVEMENTS (Resolution No. 2071) 6. AFFORDABLE HOUSING OPPORTUNITIES (Town Support in Countywide Financing Program) 7. PROPERTY DEVELOPMENT TAX (Request for Waiver at 68 Reed Ranch Road) 8. ROUNDHILL ROAD SLIDE REPAIR (Agreement for Construction Consultation Services by Harding Lawson and Associates) 13. MASTER & PRECISE PLAN AMENDMENT (Agins Development, Continued to 1/19/83) 15. TIBURON CENTENNIAL AND 20 YEAR ANNIVERSARY (Establish Committee to Commence Celebration Activities) Moved: Spratling; Seconded by Smith Vote: AYES: Unanimous G. PUBLIC HEARINGS 9. ZONING TO R-l (1.67 Acres, Hillcrest Road, H. Sommers) TOWN COUNCIL MINUTES '605 JANUARY 5, 1983 PAGE 2 Council waived the oral Staff report. Director of Community Development Hanna commented that Mr. Sommers would like to clarify the 2nd paragraph of the Ordinance in that he has the opportunity to submit a plan that indicates more than one lot on this property. Director Hanna noted that while on any single holding of land the owner has the ~~~~it~~jty righ~ to develop one home, the owner has the opportunity to subm1t a plan indicating more sites for review and possible approval. . -. Mayor Rockey opened the public hearing, being no reponse Mayor Rockey declared the public hearing closed. MOTION: Moved: Vote: read by title only Spratling, Seconded by Smith Ayes: Unanimous Mayor Rockey read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING R-l (SINGLE FAMILY RESIDENTIAL) ZONING FOR CERTAIN PROPERTY IDENTIFIED AS ASSESSOR'S PARCELS 38-291-14 AND 35 LOCATED ON HILLCREST ROAD, TIBURON" Council amended Finding C to read "The Town Council has reviewed the Initial Study and has found that the adoption of this ordinance will not have a significant adverse environmental impact and has approved the Negative Declaration. MOTION: adopt second reading of the aforementioned ordinance as amended, Ordinance No. 262 N.S. Moved: Bergmann, Seconded by Spratling Vote: AYES: Edelstein, Bergmann, Spratling, Smith, Rockey NOES: None ABSENT: None 10. PROPOSED COMMUTER PARKING LOT ADJACENT TO HOME SAVINGS AND LOAN (Status Report & Discussion by Town Engineer) Town Manager Kleinert reported this matter was previously scheduled for the first Council meeting in January. The Planning Commission was to review this matter in December but due to the Holidays their meeting was cancelled. Councilman Smith questioned how long after approval of the parking lot by the Town Council and Planning Commission the parking lot could be completed. Town Engineer Bala responded two months. Council requested Staff to provide funding options for the construction of the parking lot when the matter returns to the Council in February. 11. VERIFICATION OF ZONING (35 Lyford Drive, A. Allen) Director of Community Development Hanna reported this particular piece of property has a zoning designation of RO-2 on the Town's zoning map. There is evidence in the building file that the property was actually zoned RPD-2. Staff is requesting authorization to change the official zoning map to reflect the actual zoning of the property. Council concurred. 12. MASTER & PRECISE PLAN AMENDMENT (35 Lyford Drive, A. Allen, Ordinance 1st reading) Director of Community Development Hanna noted this is a request for a master and precise plan amendment to allow the expansion of one of the cluster units at 35 Lyford Drive. The B.A.R. has reviewed this matter and recommends approval of the addition. Mayor Rockey opened the public hearing. TOWN COUNCIL MINUTES #605 JANUARY 5, 1983 PAGE 3 Mr. Allen, owner, stated as far as the zoning of the property RPD-2 was the zoning given the property when it was developed by his father. He noted the addition to his home has gone before the Board of Adjustments and the Planning Commission, both recommending approval. Being no further comments, Mayor Rockey closed the public hear ing. MOTION: Moved: Vote: read by title only Spratling, Seconded by Smith AYES: Unanimous. Mayor Rockey read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE MODIFICATION OF THE APPROVED MASTER PLAN FOR THE PLANNED DEVELOPMENT AT 35-39 LYFORD DRIVE". MOTION: Moved: Vote: Adopt first reading of the aforementioned ordinance Smith, Seconded by Spratling AYES: Edelstein, Bergmann, Spratling, Smith, Rockey NOES: None ABSENT: None H. BUSINESS 14. MARIN COUNTY MAJOR CRIMES TASK FORCE (Consider Future Funding Options for Task Force Operations) Town Manager Kleinert reported the Major Crimes Task Force Oversight Committee and the Marin City Manager and Police Chiefs' Associations have recommended that future funding of the Task Force be by a special tax override, and the staffing level be increased to 1 supervisor, 6 investigators and one clerical- worker. The estimated one year cost of the 8 member unit is $527,000 or $6 per property owner. At a recent meeting of the Oversight Committee and elected officials from each participating agency it was recommended that consideration be given to placing the tax override matter on either the November 1983 or June 1984 ballot. Councilman Bergmann questioned why the Committee recommends hiring the investigators instead of rotating participants from the various agencies. Mayor Rockey stated the present procedure does not work as many times an officer placed in the program is pulled out due to personnel shortages in his agencies Police Department. Manager Kleinert noted that since the inception of the Task Force Tiburon has been one of the most activite participants in providing personnel to the Force. I. MISCELLANEOUS ITEMS Council recommended the meeting schedule of January 25, February 8 and 22nd for hearing the zoning ordinance update and revisions. Town Manager Kleinert reported the owner of 141 Sugarloaf Drive has accepted the Town's offer for the relinquishment of the Town's easement. Town Manager Kleinert reported the slide repair work on downtown Main Street and Alcatraz Avenue is scheduled to begin next week. He stated in order to get the contractor in and out as soon as possible Staff is recommending that Main Street be closed to one-way traffic west bound. Council concurred. The Rotary Club sign mock-up will be errected on Saturday, January 8, 1983 at 10:00 AM. Town Manager Kleinert reported there was a surplus of $631 in the Vista Del Mar Lane improvement fund. The money will be pro-rated TOWN COUNCIL MINUTES #605 JANUARY 5, 1983 PAGE 4 and returned to the property owners involved in the project. Manager Kleinert reported in the Council's packet this evening is a draft Agreement from the Town Attorney regarding the Zelinsky dedication of land. He requested Council to call by Friday with any comments or modifications. Town Engineer Bala reported that a portion of the existing path in the South of the Knoll, next to the Tot-Lot, the contract requires the placement of rock pieces on top of the black top.. Engineer Bala recomm~nded this requirement be deleted and the Town credited as the contractor has gone on record that the work cannot be guaranteed. Council concurred. Supt. of Public Works Brunini reported that on Monday, January 10, 1983 the final walk through of the bike path will be held. Interested Council and Staff are to meet at the Richardson Bay Treatment Plant at 9:00 AM. It was recommended that a Parks and Recreation Commissioner attend the walk. Supt. of Public Works Brunini reported that Greenwood Beach Road was closed today to through traffic. Council recommended the matter be scheduled for review of the trial closure on the first agenda in April. J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mayor Rockey adjourned the meeting at 9:20 PM, Wednesday, January 5, 1983, sine die. ~~~ D NIS ROCKEY, ~ OR Town of Tiburon TOWN COUNCIL MINUTES f605 JANUARY 5, 1983 PAGE 5