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Home My WebLink AboutTC Min 1982 (September thru December) MINUTES ADJOURNED MEETING TOWN COUNCIL CALL TO ORDER \. Mayor Rockey called the adjourned meeting of the Town Council of the Town of Tiburon to order at 8:10 PM, Thursday, December 9, 1982, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Spratling, Rockey, Smith (8:40 PM) EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Town Attorney Conn, Town Engineer Bala, Supt. of Public Works Brunini, Minute Clerk Stultz ABSENT: COUNCILMEMBER: Bergmann B. COMMISSION AND COMMITTEE ORAL REPORTS There were none. C. PUBLIC OUESTIONS AND COMMENTS There were none. D. CONSENT CALENDAR MOTION: to approve the Consent Calendar consisting of: 1. MULTI-USE PATH/SAN RAFAEL AVENUE INTERSECTION (Approve Installation of New Berm at Crossing) 2. AWARD OF CONTRACT (Main Street/Alcatraz Avenue Slide Repair, Maher Construction Company, $92,780) 3. 1981-82 AUDIT OF FEDERAL REVENUE SHARING FUNDS (Acceptance of Independent Auditors Report) Moved: Spratling, Seconded by Edelstein Vote: AYES: Edelstein, Spratling, Rockey ABSENT: Bergmann, Smith E. BUSINESS 4. SCHONFELD REDHILL PROPERTY (Request for Town to Commence Nuisance Abatement Proceedings) Town Manager Kleinert reported that during the past year there have been certain soils studies prepared for the subject property in conjunction with the EIR for proposed development. During the EIR public hearings it was pointed out that certain soils stabilization work is required on this particular property. At one of the public hearings the Town Engineer specifically asked the representative of the property owner if they intended to take any immediate action to stabilize these areas. It was indicated at that time that the soils consultant was pursuing long range and interim soils stabilization plans. Manager Kleinert noted that with the rainy season upon us he sent a letter on November 9, 1982 to Mr. Schonfeld outlining the importance of the interim slide repair and stabilization work that needs to be done. Kleinert stated the Director of Community Development and himself met with Mr. Schonfeld to discuss the soils stabilization program TOWN COUNCIL MINUTES #604 DECEMBER 9, 1982 PAGE 1 and Mr. Schonfeld expressed his reluctance to do any work on the property until he is assured of the density that will be approved for his property, which is currently the subject of EIR hearings. On November 8, 1982, Town Staff thought it important to send notices to the occupants of the condominium and apartment units at 2, 4 and 6 Lyford Drive advising them of the potential slide dangers. In the letter the Town requested that the property owners initiate some action on their own to prohibit parking in the areas adjacent to Red Hill during heavy or extended rainfall. On November 9, 1982 the Town received a letter from Mr. Kaufmann, attorney for Mr. Schonfeld, which stated his client is still unwilling to pursue any temporary repairs to his property, unless the Town would guarantee these repairs and hold him harmless should the repairs fail. Mr. Schonfeld did state that he plans, during the course of the development of his property, to install permanent soils stabilization and slide repair improvements. On November 24, 1982 the Town received a letter from Mr. Scott Keene, representing the property owner of No. 4 Lyford Drive, requesting the Town to initiate nuisance abatement proceedings against Mr. Schonfeld's Redhill property. At the Town Council's regular meeting of December 1, 1982, Mr. Keene appeared before the Council requesting the Town file nuisance abatement proceedings. Since the December 1, 1982 Council meeting the Town Engineer, Town Attorney and Town Manager have inspected all of the units at 2, 4 and 6 Lyford Drive. Kleinert noted that there appears to be little, if any, exposure to slide damage to 2 and 6 Lyford Drive. The easterly portion of the parking lot of No. 4 Lyford Drive could potentially be damaged by a slide. Kleinert noted there appears to be joint liability between Mr. Schonfeld and the property owner of No. 4 Lyford Drive. If Mr. Schonfeld kept his horizontal drainage ditch and channels clear water would not be diverted to the lower properties. The lower property owner should consider installing some type of retaining wall or pylons with netting to protect the parking lot area. It appears the toe of the hill was cut away to construct the apartments which could be part of the problem. Manager Kleinert stated Staff is of the opinion that there are adequate measures that can be taken by the private property owners to mitigate danger to persons and property and, therefore, Staff does not feel that Town involvement is justified in this matter. Town Engineer Bala displayed a sketch roughly depicting the contours of Redhill and the properties at 2,4, and 6 Lyford Drive. He noted there are slides and failures allover Redhill. The horizontal ditches which are to intercept water did not function properly during the January 4th storm and the water jumped the ditch and flowed to the downhill properties. Bala noted that when the units on Lyford Drive were built there was a vertical cut into the hill, which is too steep to stand on its own. Bala noted that should there be another storm such as the January 4th alot of slippage could occur, both on Redhill and the cut in the enbankment. Bala advised that no one should park their car in the parking lot at No. 4 Lyford during heavy rainfall or several days after. Bala also noted that the laundry room of 4 Lyford is also in danger from possible slides. Kleinert noted there is some question as to where the property line exists and whether the mitigation measures for No. 4 Lyford could be constructed on the property. Bala noted the property owner could install pilings and nets to intersecpt slide materials, or simply have a provision for blocking off the parking area. Supt. of Public Works Brunini also noted that the horizontal ditch on Mr. Schonfeld's property runs into a vertical ditch TOWN COUNCIL MINUTES #604 DECEMBER 9, 1982 PAGE 2 which has not functioned for many years. Mayor Rockey opened the hearing. Mr. Greg Chase, 6 Lyford Drive, stated the Town should investigate what a mud slide could do to the building on the north side of 6 Lyford Drive. He stated in his opinion a mud slide could knock the building over, as it is built on piers. Enginer Bala stated No. 6 Lyford is no where as close to explosure to slide damage as No. 4 Lyford. Leslie Lackland noted there appears to be an underground creek which runs under the driveway between 2 and 4 Lyford Drive, and stated she does not feel the installation of a retaining wall will help underground water flow. Mr. Roland Stocke, 2 Lyford Drive, stated that after the Janaury 4th storm he and a neighbor inspected the drinage ditch on Mr. Schonfeld's property and found it filled with dirt. He stated there was grass and small trees growing in the dirt, indicating the ditch has not been cleaned in many years. Mr. Scott Keene, representing the property owner of No. 4 Lyford Drive, noted that if the property owner is to assume the responsibility of repairing the vertical cut by the parking lot, it can only be done on Mr. Schonfeld 'property. He stated he does not feel the cut has caused the uphill slide problems. He stated his client is willing to do any drainage work that needs to be done on his property, but the uphill land needs to be terraced. Mr. Keene requested the Town Council direct Staff to commence nuisance abatement proceedings this evening. Council questioned Mr. Keene what would keep the property owner of #4 Lyford from initiating abatement proceedings. Mr. Keene stated in his opinion the problem is a public nuisance more than a private nuisance, therefore the Town should get involved. Councilman Spratling stated for clarification that the Town Engineer's opinions presented this evening are not based on a casual physical inspection of the property, but rather based upon his interpretation of the three extensive soils studies that have been prepared on the subject property. Ms. Claudia Wagoner questioned if the Town has an ordinance which makes it mandatory for a private property owner to maintain and clean his drainage facilities. Town Attorney Conn responded the Town does not have such an ordinance. Council questioned if any public property is threatened by a possible slide. Town Engineer Bala responded not at this time. Ms. Wagoner questioned what she can do as a tenant. Mayor Rockey explained that if someone feels they could potentially be affected by a slide they have a right to bring a cause of action against Mr. Schonfeld or appeal to Mr. Schonfeld to do something about the situation. Councilman Spratling noted it is not a matter of the Town not wanting to do anything about the slide situation, it is whether the Town has the authority to do anything. As this is not a public nuisance, as advised by Town Staff, the Town does not have the authority to become involved. Spratling noted Mr. Schonfeld has taken an irresponsible attitude towards the matter. Mr. Keene stated that what really constitutes a public nuisance depends on what the Council defines as a public nuisance. He stated he needs to know if the Town is behind the affected property owners to get Mr. Schonfeld to repair his property. He stated it appears the Town acknowledges there is a problem, but is taking the attitude that it does not want to do anything. TOWN COUNCIL MINUTES #604 DECEMBER 9, 1982 PAGE 3 Being no further comments Mayor Rockey closed the public hearing. Councilman Spratling questioned counsel as to what the Town's authority is as to declaring this situation a public nuisance. Town Attorney Conn stated it appears this matter is a private nuisance, what is being threatened are private properties. The nuisance that constitutes a danger is threatening approximately 8 parking spaces at #4 Lyford Drive. He also noted that if there was a court action on this matter, it would be wrong to assume the court would order Mr. Schonfeld to do extensive repairs to his property, in fact the least expensive, minimal repairs is what the court would order. The court also may order the owner of #4 Lyford to take certain measures, i.e. retaining wall and netting, or close off the parking lot during rainfall. Councilman Smith questioned if Mr. Schonfeld is obligated to do anything to his property. Town Attorney Conn stated there has been recent California Supreme court action that could impose serious liability to an uphill property owner if his property causes damage to downhill property. Councilman Smith questioned the estimated costs for the temporary repairs. Town Engineer Bala noted he telephoned Mr. Schonfeld's soils engineer this week and he said he has submitted the temporary repairs work to Mr. Schonfeld and Mr. Schonfeld has requested a quote for the repairs. It is estimated the repairs will cost approximately $20,000. Councilman Smith questioned if the owner of 4 Lyford Drive would be liable if a tenant were injured or personal property damaged because of slide damage. Attorney Conn responded yes, there is a certain amount of liability the property owner would be . responsible for. Councilman Smith stated the first priority is to get through the winter without having any slide damage, and suggested perhaps the owner of 4 Lyford Drive should work with Mr. Schonfeld to do joint improvements. Mr. Keene stated his client is willing to cooperate in a joint effort, but Mr. Schonfeld's position is that he is unwilling to do anything until his development plans have been approved and the Town and downhill property owner hold him harmless should the repairs fail. Town Manager Kleinert questioned Mr. Keene as to Mr. Parteo's position to blocking off the parking lot during heavy or extended rainfall. Mr. Keene responded Mr. Pareto's position is that it is an inconvenience to close off the parking lot. Manager Kleinert questioned if the Council determines this matter to be a private nuisance, could the Town some how lend its name in support of the action. Town Attorney Conn stated the Town could file a brief or a Staff or Council member could be called as a witnesses during the court hearing. Councilman Spratling stated there is no doubt that the Town acknowledges there is a problem. The only way the Council can determine what type of nuisance exists is based upon the Town Attorney and Town Engineer's advice. He stated based on the Town Engineer's comments the immediate danger to property is less than what he thought it would be, and does not think the Town has authority to abate the nuisance as it appears to be a private nuisance. Councilman Smith stated he feels the property owner of 4 Lyford should block off the parking lot. Mr. Schonfeld as a bare minimum should place a large plastic sheet on those areas of Redhill which have the potential to slide. Council directed Staff to write another letter to Mr. Schonfeld and advise him of the public hearing discussion on this matter and encourage him to work with the property owner of No. 4 TOWN COUNCIL MINUTES #604 DECEMBER 9, 1982 PAGE 4 Lyford Drive in resolving this matter. Staff is also to keep an eye on the problem and advise the Mayor immediately if the danger of Redhill sliding worsens. I. MISCELLANEOUS Town Manager Kleinert reported the Public Works Department's back hoe has broken down and is estimated to cost $3,500 to repair. Council authorized the repair of the back hoe. J . ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mayor Rockey adjourned the meeting at 10:05 PM , Thursday, December 9, 1982, to Janury 5, 1983. ~/~ ~~ DE S .RO KEY, M Town of Tiburon TOWN COUNCIL MINUTES #604 DECEMBER 9, 1982 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 7:40 PM, Wendesday, December 1, 1982, in the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Spratling, Smith, Rockey EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Town Attorney Conn, Town Engineer Bala, Supt. of Public Works Brunini, Minute Clerk Stultz ABSENT: COUNCILMEMBER: Bergmann B. APPROVAL OF MINUTES #602, November 17, 1982 Page 1, 2nd to last paragraph, change first sentence to read "...representing Mrs. Norwitt one of the owner's of the Reed Park Development...1I Page 2, 2nd paragraph, 3rd to last sentence, change to read IIAll lienholders in attendance at the meeting agreed to subordinate their interest in the property to the proposed easement providing that the easement be only to the Agins' property. Page 6, 3rd paragraph, 2nd sentence add lito consider the bids and award the contract..." Mo'rION: Moved: Vote: adopt Minutes #602 as amended Spratling, Seconded by Edelstein AYES: Unanimous ABSENT: Bergmann c. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES There were none. D. COMMISSION AND COMMITTEE ORAL REPORTS Dave Hanson, member of the Tiburon Citizen's Disaster Committee, gave an update of what the Committee has been doing over the last six months. The Committee consisting of Jack Berryman, Dr. Thomas Cromwell and himself have looked at how the Town is set up to handle a major disaster/emergency. The Committee has reviewed how the Tiburon peninsula can group itself into a better, more cohesive body to handle a disaster; inform the citizens what to do in a disaster; and find out what resources there are in the Community. The Committee has prepared a survey to determine what resources are available and a brochure for citizens detailing what they should do before, during and after a disaster. The Committee has met with the Police and Fire Chiefs to review a communications plan. With the installation of the Police Department's new communication system, communications will greatly be improved during a disaster. Mr. Hanson stated the Committee will need financial support in mailing out the disaster questionnaire and emergency plan, and they intend to publicize this in the ARK and Independent Journal. Council commended the Citizen's Emergency Disaster Committee on their fine work. TOWN COUNCIL MINUTES #603 DECEMBER l, 1982 PAGE 1 2. FJ.10WN TREASURER'S REPORT Geoff Knight, Tiburon Town Treasurer, reported that 1981-82 was basically an uneventful year. The Town continued to realize high interest returns on its investments. Mr. Knight expressed his thanks to Alan Nadritch, Tiburon's Finance Director. E. PUBLIC QUESTIONS AND COMMENTS Mr. Scott Keene, representing the property owner of 4 Lyford Drive, requested the Council's consideration of initiating abatement proceedings against Mr. Schonfeld's Redhill property. This request is based upon possible danger to certain Lyford Drive properties if slide areas on the hill are activated. Council requested this meeting be adjourned to December 9, 1982, to consider the possible abatement of Mr. Schonfeld's Redhill property. Engineer Bala again urged the property owners of 2, 4 and 6 Lyford Drive to close off the parking areas during heavy or extended rainfall. F. CONSENT CALENDAR Council moved items No. 14 and 15 to the Consent Calendar. Council requested No.6 Item 2 be removed from the Consent Calendar and be referred to the Traffic Safety Committee for recommendations. MOTION: adopt the consent calendar, consisting of: Moved: Vote: 3. FINANCE REPORT (October 1982) 4. 1981-82 TOWN AUDIT (Acceptance of Independent Auditor's Report) 5. OPEN SPACE EROSION PROTECTION (Tam District Property/Reed Ranch Road - Award of Contract) 6. PARKS & RECREATION COMMISSION REPORT (Approval of Recommendation, Item No.1) 7. BUILDING INSPECTION DISASTER PLAN (Approve Tiburon's Participation, Resolution No. 2070) 8. CLAIM FOR DAMAGES (P. Nave, Recommend Denial) l4. Memorandum from Finance Director to Town Manager, dt'd 11/23/82 (Contracting for Public Works Services by City of Belvedere) 15. Letter from Town Attorney to Town Council, dt'd 11/29/82 (Marans request for rehearing of Tree Complaint) Spratling, Seconded by Smith AYES: Unanimous ABSENT: Bergmann G. PUBLIC HEARINGS 9. COMMERCIAL AMUSEMENT DEVICES (Consideration of Interim Urgency Ordinance) Town Manager Kleinert reported the ordinance before Council came about primarily because several months ago the Council discussed regulating commercial amusement devices. An ordinance was drafted by the Town Attorney and went before the Planning Commission at their last meeting. Because of the amount of time spent on the other items on the Commission's agenda they did not get an opportunity to complete discussions and the public hearing on the matter. The Commission had some concerns with the Ordinance and continued the item to their next meeting. As it will be around March before a commercial amusement device ordinance could be in effect, and several businesses downtown are adding more machines, an urgency ordinance prohibiting the installtion of any more commercial amusement devices is being recommended until the Town can have a permanent ordinance on the books. This will allow the Council and Commission adequate time to review the proposed ordinance. This urgency ordinance is TOWN COUNCIL MINUTES #603 DECEMBER 1, 1982 PAGE 2 limited to a period of 4 months. Mayor Rockey opened the public hearing. Mr. Dave Waggoner, David & Sons Corner Market, reviewed his businesses losses due to flood damage and ~~~ i1~~tt uncollectable accounts receivable. He stated when he considered putting in video games he went to Town Hall to determine if he needed any approvals. He stated he has rules for the use of the video games and many families are appreciative that the children have a place to go. He stated he felt there was no reason for the urgency ordinance and urged the Council to expedite the hearings for the permanent commercial amusement device ordinance. Mr. Waggoner stated he does not intend to place any additional video game machines in his business until the commercial amusement game ordinance is passed. Councilman Spratling questioned Mr. Waggoner how this interim urgency ordinance would prejudice him in any way, if he does not intend to place any additional machines in his store until the permanent ordinance is adopted. Mayor Rockey noted that if the urgency ordinance is passed this evening, Staff must take an inventory of commercial amusement devices already existing in the Town. Ms. Bobbie Vargas, resident of Belvedere, stated she has been a patron of the Corner Market for 25 years and she has observed the children playing the video game machines, and the manner in which Mr. Waggoner conducts the children is commendable. She urged the Council to allow Mr. Waggoner to install additional machines in his establishment. Mr. Richard Tipton, Coin Amusement Company, reported that 60% of the video games are played by adults. He noted that the use of video games is declining, and the market is taking care of itself. Mr. Tipton noted there were more video games in Tiburon in 1980 than there are today. Mike Hopton, Hot Fudge Factory, questioned the urgency of the ordinance. Town Attorney Conn stated that the Town has the right to have sufficient time to consider the permanent commercial amusement device ordinance. If the urgency ordinance is not adopted now any business establishment could install video game machines, and, if the Town adopted a zoning ordinance amendment these video games would be grandfathered in even if they violated the new amendment. Being no further comments, Mayor Rockey closed the public hearing. Councilman Smith noted it appears Mr. Waggoner intends to change the use of his establishment, and questioned if he has applied for such a change. Town Manager Kleinert reported Mr. Waggoner applied today. Manager Kleinert noted the problem is how many machines can a business establishment install before it changes the use of the business. Councilman Smith noted the zoning ordinance amendment as he sees it is designed the regulate video game machines in businesses where the use in not primarily video games. Councilman Spratling stated it is important for the Town to have this urgency ordinance in place as long as the ordinance under consideration by the Planning Commission moves as quickly as possible through the public hearing process. The interim ordinance will not work any prejudice to anyone in the Town of Tiburon. Councilman Edelstein recommended the latest date for the Planning Commission to have their recommendations to the Town Council should be the Council's last meeting in January 1983. Council recommended under Section 1 No. 1 the words IIrestaurants, bars, stores, cocktail lounges, or other public places" be TOWN COUNCIL MINUTES #603 DECEMBER 1, 1982 PAGE 3 deleted. Under Section 4, the sentence should be amended to read "The provisions of this ordinance are not applicable to Commercial Amusement Devices legally installed and placed in use prior to the effective date of this ordinace". introduce the ordinance and read in full Spratling, Seconded by Edelstein AYES: Edelstein, Spratling, Smith, Rockey ABSENT: Bergmann Mayor Rockey read in its entirety AN INTERIM ORDINANCE OF THE TOWN OF TIBURON PROHIBITING INSTALLATION OR USE OF COMMERCIAL AMUSEMENT DEVICES AND PROVIDING PENALITIES FOR VIOLATION as amended above. MOTION: Moved: Vote: MOTION: Adopt the interim urgency ordinance as read subject to consideration of the zoning ordinance amendment currently before the Planning Commission dealing with the regulation of commercial amusement devices be before the Council by the second meeting in January. Moved: Spratling, Seconded by Edelstein Vote: AYES: Edelstein, Spratling, Smith, Rockey ABSENT: Bergmann 10. ROAD IMPROVEMENTS - 75 ROUNDHILL ROAD Director of Community Development Hanna reported that in August 1978 design review approval was given for the property at 75 Roundhill Road owned by Mr. Charles Sofnas. One condition of approval required that the roadway from Roundhill Road be paved as approved by the City Engineer. In October 1978 the Town. Engineer sent a letter stipulating the road improvements required for the proposed single family dwelling. The Town Engineer recognized the adjacent Norwitt-Brady parcel would use the roadway for access when developed. In September 1978 a Master and Precise Plan was filed for the Norwitt-Brady property, which required the preparation of an EIR. In reviewing the EIR it was noted the existing roadway entrance from Roundhill Road to the Sofnas' property and the Norwitt-Brady property presented a hazard for vehicles at Roundhill Road. In order to mitigate the hazard the entrance to the roadway should be moved approximately 30' downhill on Roundhill Road. As a result of the concern with traffic Mr. Sofnas' engineer proposed a plan that realigned the roadway to provide a safe access which was reviewed and approved by the Town Engineer. Because Mr. Sofnas requested occupancy of his dwelling prior to the installation of the roadway improvements a $10,000 performance bond was put up with the Town to guarantee the road improvements. Since the Bond was put up there has been no resolution to the access problem. It is Mr. Sofnas' opinion that he is being denied the use of a portion of his property to provide safe access for the Norwitt-Brady property and he should be compensated for the use of his land. Councilman Edelstein questioned what mitigation measures could be utilized using the existing right-of-way to make the entrance safer. Town Engineer Bala stated the additional 30' of right-of- way required for the improvements is on the other side of the creek. He noted some improvements could be made within the Town's right-of-way, but in his opinion the entrance would still be unsafe. Bala noted that when the Sofnas property was being designed the architect knew where the roadway easement was and the eave of the home is encroaching in the easement. Mayor Rockey opened the public hearing. Mr. Charles Sofnas, owner of 75 Roundhill Road, stated he has tried to resolve this problem. He stated Mr. Fanning has been the real estate broker for the Norwitt-Brady subdivision. In late 1980 Mr. Fanning took the subdivision to the Town Council where they were given a 6 lot subdivision, and then advertized the project for sale. He then received an offer from Mr. Steve TOWN COUNCIL MINUTES #603 DECEMBER 1, 1982 PAGE 4 Cashin. He stated Mr. Kashin contacted him saying he had bought the Norwitt-Brady property and wanted to work out an arrangement with Mr. Sofnas for the property needed to make the intersection improvements. An offer acceptable to Mr. Sofnas had been reached and later during the tentative map hearings Mr. Sofnas was informed that Mr. Cashin was no longer involved in the project. Mr. Sofnas indicated Mr. Cashin was to pay him $16,000 for the land to construct the intersection improvements. Mr. Sofnas stated he is not opposed to making the entrance safer, but since the improvements will be on his property he will not allow anyone else to use them. He indicated he will install an automatic gate to keep anyone from using the roadway. Councilman Edelstein questioned Mr. Sofnas on the matter of his home encroaching into the roadway easement. Mr. Sofnas stated in the original design of his home there was an encroachment into the roadway, but when the controversy on the road entrance became apparent his architect redesigned the house with no part of the home encroaching. He stated there seems to be a controversy between the two survyors of the property. The survey prepared by Mr. Frost shows the encroachment and the Albritton survey does not. Town Engineer Bala stated the architect who prepared the plans for Mr. Sofnas was personally advised that the home was encroaching into the easement to be dedicated to the Town. Mr. Bran Fanning, representing Mrs. Norwitt one of the owners of the Norwitt-Brady property, stated that the dedication of the right-of-way on Roundhill Road was fulfilled by Mr. Bird when he subdivided the property. Mr. Fanning stated one condition of the Bird subdivision was that there were to be no more driveways on this portion of Roundhill Road, and if he subdivided the property further access was to be from what is now the driveway serving Mr. Sofnas. Mr. Fanning stated the real issue is that Mr. Sofnas was told by the Planning Commission to get the roadway entrance worked out. Mr. Sofnas agreed to move the entrance, he posted the bond for the roadway improvements to take early occupancy of his home and he has never installed the improvements. Mr. Fanning read minutes of the Board of Adjustments meeting which related to conditions of the roadway, noting the roadway was to be a minimum of 24' from curb to curb. Mr. Fanning stated his client is still willing to cooperate in resolving this matter, but if no resolution can be made, the Town should order Mr. Sofnas to install the roadway improvements required of him. Mr. Sofnas stated that in his opinion the deal he struck with Mr. Cashin is the only deal he is willing to accept for the use of his land for the roadway. Mr. Sofnas stated in December 1979 there was a meeting held in his attorney's office, Mr. Vallarino, which included Robert Conn, Robert Hanna, Stan Bala, Mr. Fanning, Barbara Norwitt, Al Bianchi and himself. He stated at no time during this meeting was he advised by the City that the land needed for the entrance improvments would be taken for free. Mr. Fanning stated his clients are willing to cooperate in building the road, and that Mr. Sofnas would not be giving his land to the property owners who would use the road, but rather to the Town for the street improvements. Councilman Smith stated it appears the issue is whether the road should be built on the easement as displayed on the subdivision map or to build a road to Town standards. Engineer Bala stated the driveway does not have to be within the 40' easement. Bala noted in 1973 he was not aware there was insufficient sight distance at Roundhill Road. At the time the Town was considering the residence of Mr. Sofnas is when the matter came to the Town's attention. Councilman Spratling asked what the conditions of the occupancy permit were. Director of Community Development Hanna read a letter to Charles Sofnas dated October 25, 1979 regarding the TOWN COUNCIL MINUTES *603 DECEMBER 1, 1982 PAGE 5 occupancy permit and posting of a $10,000 performance bond. The letter stated in part n...you (Sofnas) further understand that the intent of the Town is to insure that adequate road improvements are made to the roadway that provides access to your dwelling and other properties behind your dwelling. The Town Engineer has indicated for safety purposes that the roadway should be realigned and you have agreed to participate in that reallignment. The $10,000 bond is the current guarantee of your participation. Should the final roadway improvements be established, it is the Town's intention that you contribute to the improvements. A detailed figure can only be arrived at after the plans have been prepared but the Town Engineer has indicated that $10,000 is an appropriate amount at this time.1I Councilman Spratling stated it is his understanding from the letter a condition of the occupancy permit was that the roadway was to be realigned. Mr. Sofnas stated that no where in the letter does it state he has to give his land for free for the realignment. Councilman Spratling stated that it will now cost more to build the roadway improvements required of Mr. Sofnas. Mayor Rockey questioned if the roadway improvements were installed within the present easement, how would that effect Mr. Sofnas' bond. Town Attorney Conn stated he would be required to install the roadway improvements required of him no matter the cost. Town Engineer Bala stated the Norwitt-Brady developer will have to pave only a 12' wide portion of the roadway from Roundhill Road to the subdivision. Engineer Bala noted the private driveway now serving Mr. Sofnas' property is not within the roadway easement. Council questioned the Town Attorney if Mr. Sofnas is direc~ed to build the roadway improvements could he close off the road. Town Attorney Conn stated that would be a matter for the courts to decide. that the Town Council confirm that the Norwitt-Brady tentative map expires on May II, 1983 Spratling, Seconded by Edelstein AYES: Unanimous ABSENT: Bergmann II. ZONING TO R-l (1.67 Acres, Hillcrest Road, H. Sommers) MOTION: Moved: Vote: MOTION: Moved: Vote: to require Mr. Sofnas to construct the roadway improvements as bonded and as required by the plan of Hoffmire & Albritton, dated June 20, 1979 entitled Driveway Improvements - Sofnas Property Smith, Seconded by Spratling AYES: Edelstein, Spratling, Smith, Rockey ABSENT: Bergmann Council waived the oral staff report. Director of Community Development Hanna commented the Town has received numerous letters regarding geographic instability of this site. The action of Council would be to rezone the property. This action will not determine how many lots could be provided on this property. Mayor Rockey opened the public hearing. Being no comments, Mayor Rockey closed the public hearing. MOTION: Moved: Vote: read by title only Spratling, Seconded by Smith AYES: Unanimous ABSENT: Bergmann Mayor Rockey read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING R-I (SINGLE FAMILY RESIDENTIAL) ZONING FOR CERTAIN PROPERTY IDENTIFIED AS ASSESSOR'S PARCELS 38-291-14 AND 35 LOCATED ON HILLCREST ROAD, TIBURONn. TOWN COUNCIL MINUTES #603 DECEMBER 1, 1982 PAGE 6 Motion: Moved: Vote: Adopt first reading of the aforementioned ordinance Spratling, Seconded by Smith AYES: Edelstein, Spratling, Smith, Rockey ABSENT: Bergmann MISCELLANEOUS ITEMS Town Manager Kleinert reported the Marin Opera Company is holding a testimonial dinner in honor of Jess Thomas and read a proposed Proclamation honoring Jess Thomas. Council approved the proclamation. Town Manager Kleinert reported the City of Belvedere has reviewed the Belvedere/Tiburon Joint Recreation Committee JPA and recommended the 60/40 cost split be revised to 66/33 to more accurately reflect the population of each community. Council accepted the revision. H. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mayor Rockey adjourned the meeting at 12:00 midnight, Wednesday, December I, 1982 to Thursday, December 9, 1982. ~~ DENNIS R KEY Town of Tiburon ATTEST: /-- R. 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, November 17, 1982; 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 *601; November 3; 198~~APPROVAIi-OFMINUTES Page 4; 3rd paragraph; insert be between will reponded~ Page 4; 3rd paragraph; change matter to nature Page 4, 7th paragraph change Harbor Hill to Harbor-Oak Page 4; 7th paragraph; change Barratt to Barak Page 5; last paragraph add liThe Council requested the Town Manager to write a letter to Mr~ Schonfeld requesting the interim slide repairs be taken immediately to protect downhill residents~1I Page 6; last paragraph change easement to fee titl-e in the third line~ Page 6; last paragraph; add to last sentence IIwhich formed the valuation of the easement at $2;000~ MOTION: Moved: Vote: Approve Minutes #601 as amended Spratling; Seconded by Edelstein AYES: Unanimous C;."-APPOiNTMENTS- 'TO-COMMISSIONS~ "BOARDS~ -COMMITTEES Mayor Rockey noted at the last Mayors and Councilmens meeting a Transit Coordinating Committee was established and each Town asked to appoint a member to this committee. Mayor Rockey stated Councilmember Bergmann is willing to serve on this committee, time permitting~ The first meeting will be held November 23rd at 4:00 PM at Mill Valley City Hall. D~- - - -COMHISSION -AND-COMMI'TTEE- '-ORAL" -REPORTS There were none. E-." - -PUBLIC--QUEST"IONS '-ANn- - COMMENTS Mr. Bran Fanning, representing Hrs~ Norwitt one of the owners of the Reed Park development; requested the matter of access to the project be agendized as soon as possible for resolution. He noted the Tentative Map will expire in February; 1983; so the matter of access must be resolved~ Director of Community Development Hanna noted there is an opportunity for an additional one year extension of the Tentative Map and advised Mr. Fanning that an extension should be requested by the Norwitts. Mayor Rockey noted that Councilman Spratling and himself met with the participants of this issue recently; and he has asked Staff to provide Council with extensive background information on the matter~ Mr~ Fanning was assured the matter will be on the Council's agenda for the meeting of December 1; 1982~ TOWN COUNCIL MINUTES #602 NOVEMBER 17, 1982 PAGE 1 F'.; "CONSENT'CALENDAR MOTION: adopt the Consent Calendar consisting of: 1. POLICE REPORT (October 1982) 2~ MTC AUDIT (Acceptance of 5 Year Metropolitan , Transportation Commission Allocation Audit) 3. 1982-83 ESTABLISHMENT OF APPROPRIATIONS LIMITATION (Resolution No~ 2067) 4~ CLAIM FOR DAMAGES (Belvedere Lagoon POA~ Recommend Denial) 5~ REDWOOD COMMUNITY FIELD (Town Support for Multi-Use Athletic Field at Redwood High School) 6~ MARIN COUNTY MASTER CATV AGREEMENT (Approval of JPA to Retain Consultant) 7~ FINAL TRACT MAP - CONDOMINIUM UNITS (Pan-Pacific, 1110 Mar West~ Resolution No. 2068) Moved: Vote: Bergmann~ Seconded by Spratling AYES: Unanimous G~ -'PUBLIC'HEARINGS 8~ MASTER-&'PRECISE-PLANAMENDMENT (Agins Development) Director of Community Development Hanna reported the original Master & Precise Plan amendment for the Agins development requested access over an extension of Hacienda Drive~ At the Council's last meeting there was discussion regarding securing an easement from the Del Madera lien holders for access to the Agins property via an extension of Roundhill Road~ in the event it is determined that an extension of Roundhill is appropriate. Director Hanna noted the Planning Commission has not formally acted on the Roundhill Road extension~ therefore if Council wishes to pursue this access the matter must be referrd to the Planning Commission for their review and recommendations~ Councilman Spratling reported on a meeting held Friday, November l2~ 1982 with Councilman Edelstein, Councilman Spratling, Town Manager Kleinert~ Director of Community Development Hanna~ Town Attorneys Conn and Ragghianti~ Martha McCart - representing the Agins~ legal counsel for Del Madera~ and 5 of the first 6 lienholders of the Del Madera property~ The 4th lienholder has advised he does not have any objections to the easement as proposed~ Councilman Spratling noted the proposed easement from Roundhill Road basically is in the same alignment as the approved Gilmartin Drive extension with the exception of a 75-100' strech of the roadway~ All lienholders in attendance at the meeting agreed to subordinate their interest' 'in the property t'othe proposed "easeme'ntproviding that the 'easement be only to the Agins"property. An agreement for the easement is being worked out and the exact alignment of the Roundhill Road ,extension will go to the Planning Commission for recommendations. The matter will then come to the Council to determine if Roundhill Road is an appropriate access route for the Agins property on a temporary basis and then act upon the alignment of the roadway~ Mayor Rockey opened the public hearing. Mrs~ Thelma McCune~ Roundhill/Rolling Hills POA~ expressed her concern over any additional traffic being placed on Roundhill Road which will make the road more hazardous than it is presently. She noted the Town has approved several developments which have not been built that will receive access via Roundhill Road~ i~e~ Norwitt-Brady~ Rassmusen~ and the Kuhns development. She stated that if the Council approves the extension of Roundhill Road to serve the Agins property the Town could be opening up use of the road to serve the peninsky property, Sederquist property and the upper Del Madera cluster~ She summarized her statement noting Roundhill presently serves 100 homes~ there are another 14-25 homes which when developed will TOWN COUNCIL MINUTES #602 NOVEMBER 17, 1982 PAGE 2 recieve access from Roundhill Road; and if the road is extended there are approximately 25.5 acres that could be served by the extension. Councilman Spratling noted that when the Planning Commission and Town Council were considering access via Hacidena Drive the consideration was based on the maximum of one (I) unit. The Roundhill Road proposal is to serve the Agins three (3) units. Mrs~ McCune invited the Council to walk Roundhill Road with her to visualize Roundhill Road on a busy day and what the impacts would be with additional traffic~ Councilman Edelstein noted he is willing to walk the road again only if the neighbors are willing to. look at improvements that could be made to make the road safer. Mr~ Robert King; Roundhill Road; stated the property owners association has made it quite clear they are very concerned about traffic and pedestrian safety on Roundhill Road. He noted the road would not be quite so unsafe if there was a sidewalk for pedestrians~ Mr~ Jack Friesen; Hacienda Drive; thanked the Council for trying to come up with alternatives to the Hacidena Drive extension. Being n9 further comments; Mayor Rockey closed the public hearing. MOTION: to continue this matter to the first Council meeting after the Planning Commission has made its recommendations; but the Council will not consider the matter until after the easement agreement has been reached between the parties~ " Moved: Vote: Edelstein; Seconded by Spratling AYES: Unanimous 9 ~ PRECISE- . PLAN (RBLP - Blackie' s Pasture; ReSOlution) Director of Community Development Hanna noted that in 1980 the Town Council approved the Master Plan for Blackie's Pasture and the South of the Knoll~ The Precise Plans were separated and the South of the Knoll is currently under construction. He then displayed the preliminary plans which were developed by the Parks and Recreation Commission and have been approved by the B.A.R. and Planning Commisison~ The preliminary plans include paved parking for approximately 125 cars, overflow parking for 175 cars on the recreation field; two ponds; one large; non-regulation playfield; a passive recreation area; a sand volleyball court, retention of the moto-cross track; an entrance sculpture or garden; a monument to Sam Shapiro; and the retention of Blackie's grave in its present location~ Director Hanna noted after approval of the Precise Plan by Council working drawings will be prepared by a private landscape architect. Councilman Smith questioned if the P&R Commission discussed paving versus gravelling the parking area~ P&R Commissioner Jocelyn McDonnell stated the Commission felt paving the parking area would be more esthetically appealing to those people viewing the area from uphill; i.e. the Reedlands. Councilman Bergmann questioned if any of the improvements will disturb the bird sanctuary. Mrs~ McDonnell stated the improvements will not distrurb the sanctuary~ Mayor Rockey opened the public hearing. Mrs. Fox stated that nothing should be planted along the Trestle Glen curve because of visibility impacts to motorists. She noted that whatever is approved for the park. should not make drainage more of a problem in the Belveron area. She also expressed her concern that the ponds could become a mosquito nesting ground. Town Engineer Bala noted mosquitos should not be a problem as the TOWN COUNCIL MINUTES #602 NOVEMBER 17, 1982 PAGE 3 ponds will not be freshwater and will be flushed with the tides: Supt: of Public Works Brunini expressed concern over the cost of maintaining the improvements: Town Engineer Bala noted the park area is basically flat and the landscape architect who prepares the working drawings should be required to do three dimensional plans: Mayor Rockey questioned the impacts this plan will have on the drainage in the area: Engineer Bala noted drainage should be looked into~ but the ponds could only help the situation. Councilman Spratling stated the plan is good~ but is opposed to allocating an overflow area for ~75 cars which could consume one of the largest areas in the park. He stated if the Council requires a smaller overflow area and the residential streets are impacted~ then perhaps the Town would have to go to parking on the residential streets with a sticker only: Council noted that additional work and feasibility studies on the parking issue need to be done. Councilman Smith stated he is in favor of the park being able to absorb 250-300 cars in some fasion and questioned if the area to the right of Greenwood Beach Road was considered for parking. Director Hanna noted it was recommended that area be left in its - . - . natural state. Councilman Edelstein noted that B.C.D.C. has tried to get parking areas where cars can face the water. He noted the shoreline area of the park could be used for overflow parking with permission by the Council: Councilman Edelstein noted that a designer should be retained at this point as it would be difficult to prepare a scope of services. Council" concurred with Councilman Edelstein and recommended that the P&R Commission work with the Town Engineer and others to negotiate with~one or more designers and come up with a preliminary design plan. Mr: Don Tayer~ former Councilmember and instrumental in the negotiations for the acquisition of this property~ arrived after this matter was heard and acted upon: He noted 300 parking spaces is far beyond what the community should allow for this park: He noted the original concept for this property was to have an area for use by the community: He noted if you allow parking for 300 cars this area will become a regional recreational area: He stated he does not think that parking in the neighborhing areas would become such a problem, and if it does~ the Town can deal with the problem by using community parking stiCkers:" He urged the Council to consider scaling down the parking areas. MOTION: adopt the resolution approving the Precise Plan for Blackie's Pasture with the understanding that within the Precise Plan the Council can determine the number of parking spaces and whether or not the number adopted by the Planning Commission is appropriate at all. That the P&R Commission negotiate with a professional designer to refine the plan further: Moved: Vote: Edelstein~ Seconded by Bergmann AYES: Unanimous Council requested the map presented this evening be referred to in the resolution as Exhibit "A". Moved: Vote: adopt a negative declaration of Environmental Impact for the Blackie's Pasture development Spratling~ Seconded by Smith AYES: Unanimous MOTION: 10: ABA'rEMENT"OY-ILLEGAL"UNI'T (2200 Paradise Drive~ R. Harvey) 11: ADAfl\IMltfl'-OI"I:~~CA~UNI' (2290 Paradise Drive~ T. Dimmick) TOWN COUNCIL MINUTES #602 NOVEMBER 17, 1982 PAGE 4 Director of Community Development Hanna reported that on Monday~ November l5~ the Building Official inspected the two properties and found they are now in compliance with the Town's Zoning Ordinance. He noted there is evidence in 2200 Paradise Drive an area is being used for living~ which was approved as a drafting area/storage room~ At 2290 Paradise Drive the stove has been removed and there is now a gaping hole~ The owners have been notified that a statement of zoning compliance would have to be filled out and recorded at the County. Director Hanna noted that abatement action cannot be taken on these properties as they now comply with the Town's Zoning Ordinance. Mayor Rockey opened the Public Hearing~ Mr~ Nat Marans~ 2312 Spanish Trail~ recommended the Council adopt an ordinance similar to Sausalito's regarding illegal units~ Council advised Mr~ Marans that the matter of illegal units will be considered during the zoning ordinance update and revisions. Mrs~ Louise Mirata reviewed the history of the alleged~ illegal 3rd unit on Mr~ Dimmick's property~ She noted though the unit may not qualify as an illegal unit under the Town's zoning ordinance~ it is a detached 3rd unit~ Councilman Spratling questioned the Town Attorney if a property no longer contains an illegal unit as described by the zoning ordinance~ does the Town have the authority to remove the unit. Deputy Attorney Ragghianti stated no~ Councilman Spratling noted it is evident the Council should give thought to special meetings to consider the zoning ordinance update and revisions~ Council concurred and directed the Director of Community Development to explore with the Planning Commission a schedule to be set up after the first of the year. Council continu~d these two matters for a period of time not to exceed 6 months. H".""- -BUSINESS 12~ MULTI-USR-PATH-WrDENING-".STA"GE--IV (Consideration of Removal of Trees Adjacent to Cove Road) Town Engineer Bala reviewed the three (3) alternatives he has prepared for the multi-use path widening project near Cove Road~ Alternative "A" provides for continuation of the existing path~ a 4' wide cinder path which then joins with a 4' wide sidewalk at the bus stop; and a 10 wide asphalt bicycle path. This proposal requires the removal of 10 pine trees. Alternative "B" provides a 3' wide cinder path and a 8' wide bike path. The bus and stopping area is the same as in Alterantive "A" except 3' narrower. This alternative requires the removal of 9 trees now and 1 later~ Alternative "C" provides an 8' wide bike path only~ The 4' wide cinder path would terminate approximately 250' before Cove Road and this plan calls for no bus stop landing. This plan will require the removal of 4 trees now and possibly 2 trees later. Engineer Bala recommended Council approve Alternative "A"; which would be the most appropriate plan for the future and will provide better screening from Cove Road~ He stated there should be about $2;500 available for landscaping. He stated when he prepares the bid packages request unit prices the he will know how much money can be placed in landscaping. Engineer Bala reported that Belvedere recommends approval of Alternative "C" and reque~ted the power pole and path be moved closer to Tiburon Boulevard. Bala noted that he does not believe CAL/TRANS would TOWN COUNCIL MINUTES #602 NOVEMBER 17, 1982 PAGE 5 allow such a move. Councilman Spratling noted if the Town elects to continue the path as proposed~ the mix of walkers and bicycle riders will never occur~ which in his opinion is appropriate. Moved: Vote: that Council adopt Alternative "A" with the proviso there is enough money to put in adequate screening. Smith~ Seconded Spratling AYES: Unanimous MOTION: Council noted this motion does not preclude Belvedere from chipping in for landscaping 1-; - - - COMMUNICA~IONS; _. - STAFF - AND - TOWN- MANAGER .-I~EMS 13 ~ TOWN.. COUNCI-L!BOARD-OF - ADJUSTMEN'I'S. dWORKSHOP ( Cons ider Possible Dates for Workshop) Council selected November 30th for the workshop session and requested there be verification that at least 4 Boardmembers would be attending~ Councilman Bergmann will not attend as there is a meeting of the Richardson Bay Steering Committee~ MISCELLANEOUS Town Manager Kleinert noted the annual Town Holiday party will be held on December l5~ in lieu of the Council's regular meeting. Staff recomended adjourning the December 1, 1982 meeting to December l5~ 1982~ at 5:30 PM~ in the Town Managers Office to consider the .bidsandaward.the contract for the Alcatraz/Main Street slide repair project. Town Manager Kleinert noted Council has received a letter from Mr~ Nat ~arans requesting reconsideration of his tree complaint by the B.A.R. Councilman Spratling reqeusted a letter from the Town Attorney regarding the Town's authority regarding this matter. Councilman Smith asked the status of the parking lot near Home Savings~ After a lengthy discussion~ Council directed the Town Engineer to prepare a plan for the parking lot and the matter be agendized as a public hearing for the first meeting of January, 1983~ Council briefly discussed the response letter from Mr~ Schonfeld's attorney~ Mr~ Stephen Kaufmann~ regarding temporary slide stabilization on Red Hill~ Council directed Councilman Spratling to contact the Town Attorney regarding a response letter or other appropriate action by the Town. Engineer Bala noted that temporary stabilization plans have been designed in detail by Herzog Soils Engineers~ J ~. .. - ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mayor Rockey adjourned the meeting at 11:10 PM, Wednesday~ November l7~ 1982~ sine die~ .b~2~ DENNIS ROCKE, MAYOR Town of Tiburon ATTEST: R. TOWN COUNCIL MINUTES #602 NOVEMBER 17, 1982 PAGE 6 MI"NUTES TOWN'COUNCIL CALL - TO" ORDER Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 8:10 PM; Wendesday~ November 3, 1982; in the Hilarita Community Room~ Tiburon; California. A~ ,". n - ROLL "CALL PRESENT: COUNCILMEMBERS: Edelstein~ Bergmann (8:25 PM), Spratling~ 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 B;." APPROVAL" "OF" MINUTES #599~ October 6~ 1982 Page l~ change successor interest to successor' 'in' interest Page 4~ 1st paragraph~ change 2nd sentence to read "He recommended the wording placed in the file forthe'adjoining property be liThe finished height of any building should be no higher thC!tn the 690 foot elevation to preserve" the Townls.scenic e'asement II . MOTION: Moved: Vote: approve minutes #599 as amended Smith~ Seconded by Spratling AYES: Spratling~ Smith, Rockey ABSTAIN: Edelstein ABSENT: Bergmann #600~ October 13~ 1982 Page 5~ 6th paragraph~ change last sentence to read "Councilman Spratling stated the access route of , any property owner to his property is dependent upon approval...." Page 8~ Council requested the Minute C~e~k"to review the tape of the Motion regarding the Appe~l of a B.A.R. decision for the tree complaint at 101 Howard Drive. MOTION: Moved: Vote: approve minutes #600 as amended subject to clarification of the item stated above Smith~ Seconded by Edelstein AYES: Edelstein~ Spratling; Smith~ Rockey ABSENT: Bergmann C. ,., APPOINTMENTS' TO' "COMMISSIONS ~ ". "BOARDS ~. - COMMITTEh"'S Mayor Rockey recommended the appointment of Ned Forrest to the Board of Adjustments and Design Review~ MOTION: Moved: Vote: to appoint Ned Forrest to the Board of Adjustment Rockey~ Seconded by Spratling AYES: Unanimous ABSENT: Bergmann D~"' 'COMMISSI'ON .'AND "COMMITTEE '.ORAL' -REPORTS a. PARKS & RECREATION COMMISSION ACTIVITIES (Status Report by Chairman Petey Stein) P&R Chairman Petey Stein reviewed the Commission's goals and objectives for 1982-83~ She noted the Planning Commission has TOWN COUNCIL MINUTES #601 NOVEMBER 3 1982 PAGE 1 reviewed the Blackie's Pasture Precise Plan and that the matter will be before the Council November 17th. Mayor Rockey requested that Petey or a representative of the P&R Commission attend the Council's meeting of November 17th on this matter. Council then discussed the condition of the new jogging path. Engineer Bala noted he spoke with Ed Nute~ Engineer for SASM, who is aware of the condition of the path~ Mr~ Nute will be taking samples of the path's cinders this week. The Town will not accept the improvements until the path is restored to the Town's satisfaction~ Supt~ of Public Works Brunini noted the quater mile markers will not be painted on the path until after the treatment plant improvements are completed. It was recommended that the P&R Commission walk the path after the landscaping has been installed and review the landscaping to the plans prepared by Guzzardo Associates. b~ BELVEDERE/TIBURON JOINT RECREATION COMMITTEE ACTIVITIES & JPA (Status Report by Recreation Director Nancy Cappelloni) Recreation Director Nancy Cappelloni reviewed the Joint Recreation's programs and activities for the Summer session. She noted the Committee has adopted a budget and is sticking to the budget~ She noted the Committee presently has $7~000 in their checking account and another $20~000 in a money market. Director Cappelloni noted the Child Care Center Board is working with the neighbors of the Center who are still interestd in having the Center relocated~ She noted Sue Morris is the new Chairman of the Committee and Belvedere has one vacancy on the Committee~ Town Manager Kleinert read a letter from Sue Morris commending Nancy Cappelloni and Hazel Carter~ Director of the Afternoon Academy~ Council also commended Nancy and Hazel for their excellent performances and the turn around in the Department's finances~ E.~-.. ..PUBLIC .-QUESTIONS.. ANn.. COMMENTS Lee Darby of the ARK Newspaper read a poem to the Town Council from Dave Teather~own Poet/Lauaret~ c. FITTINGHINH (EAH Low/Moderate Income Housing Presentation by Virginia Brunini and Helen Benedict) A slide show was presented which emphasized the need for afforda~le housing in Marin and various ways of providing this housing. F.- -- -CONSENT .-CALENDAR Council recomme~ded moving Item No~ 15 to the Consent Calendar for continuance. MOTION: Approve the Consent Calendar as amended~ consisting of: 1. POLICE REPORT (September 1982) 2~ TRAFFIC SAFETY COMMITTEE REPORT (October 1982, Resolution 2062 and 2063) 3~ FINANCE REPORT (September 1982) 4~ ACCEPTANCE OF DRAINAGE IMPROVEMENTS (57 Mercury Drive) 5. NOTICE TO SHOW CAUSE a. 2200 Paradise Drive (R~ Harvey) b~ 2290 Paradise Drive (T~ Dimmick) 6~ HAZARDOUS SPILLS AGREEMENT (Approval of Marin County JPA) 7~ CLAIM FOR DAMAGES (M~ Bostian; Recommend Denial) 8~ BELVEDERE/TIBURON JOINT RECREATION COMMITTEE (Approval of Amended and Restated Joint Powers TOWN COUNCIL MINUTES #601 NOVEMBER 3 1982 PAGE 2 9~ 15~ Agreement) NO PARKING ZONE (135 Avendia Miraflores; Resolution 2064)) ZONING TO RO-l (Hill Crest Drive; 1.67 Acres, Continued to December 1; 1982) Moved: Vote: Spratling, Seconded by Bergmann AYES: Unanimous G;.- . -PUBL-IC- -HEARINGS 10~ MASTER-&-PRECISK PLAN--AMENDMENT (Agins Development, Resolution) Council waived the oral Staff Report. Councilman Spratling noted that consideration of the Ordinace amending the Agins master and precise plan is being postponed until after the meeting of November 12; 1982; between the lien holders of the Del Madera property and Tiburon representatives. Mayor Rockey opened the public hearing~ Being no reponse the public hearing was closed~ MOTION: Moved: Vote: adopt the resolution extending the time for the Agins to file their final map to 1984; Resolution No 2065) Spratling; Seconded by Edelstein AYES: Unanimous 11 ~ DRAFT E~r~-R~ (Hexan Development; Taylor Road) Director of Community Development Hanna noted the matter before the Council is the review and comment on the Draft E~I.R. for the Hexan develop~ent. The proposed development consists of eight (8) lots on 8.6 acres; with proposed access off Taylor Road. The daft E~I~R~ has been reviewed and commented on by the Planning Commission~ Mayor Rockey opened the Public Hearing~ Mr~ Nash; 90 Taylor Road; stated he has great concern over the impacts this project will impose on the already deficient water system in the Taylor Road area~ He noted there is a proposal for a water tank to be installed on the Ring Mountain adjacent to Taylor Road; but he has learned Ring Mountain Limited has no desire to do any development on their property for another two (2) years~ He requested that the E~I~R. consultant further address the water system and supply; and the impacts upon it by the proposed Hexan development on the Taylor Road residents. Mayor Rockey requested the consultant address the proposed water tank on Ring Mountain in regard to size; timing f placement and location~ It was noted that there are several undeveloped properties in the Taylor Road area that will receive water from the proposed tank on R~ng Mountain and they should share in the cost of the water tank. Mr. Rick Wood; 4995 Paradise Drive, stated his concern over the additional traffic impacts this project will have on Paradise Drive; which; in his opinion; is at maximum capacity. He r~q~e~ted the traffic impacts be further addressed in the final E.I.R. Council noted Paradise Drive is not at maximum capacity as far as volume; but there is a significant safety factor which should be addressed in the Final EIR. Being no further comments; Mayor Rockey closed the public hearing~ Councilman Spratling requested the E.I.R. consultant to respond to Barbara Kautz.s; Corte Madera Planning Director, letter regarding access to the develoment via Robin Drive. He stated there are some statements in her letter he would like to make sure are correct. TOWN COUNCIL MINUTES #601 NOVEMBER 3 1982 PAGE 3 Moved: Vote: direct the E.I~R. consultant to prepare the final E~I~R~ for the Hexan development responding to the comments made this evening Spratling~ Seconded by Bergmann AYES: Unanimous MOTION: 12 ~ DRAFT-E:-I:R~ (Marbella~ Red Hill Circle) Director of Community Development Hanna noted the matter_before the Council is the review and comment on the draft E.I.R. for the proposed Marbella project~ He noted this is not the time for comments on the merits of the project~ Mayor Rockey opened the public hearing~ Ann Wallace~ 90 Lyford Drive~ noted she has_sent a letter to the Planning Department regarding the draft E.I.R. and questioned whether it will be responded to in the final E~I~R. Director Hanna noted all letters will be addressed in the E~I.R~~ but not on an individual basis~ He noted the obligation of the consultant is to address any matter that has been raised of substantial ~~tt~i nature~ Mrs~ Charlotte Jurs~ 80 Lyford Drive, noted she is concerned with the slide on the property which has been quite evident since the January storms~ She noted it is her understanding it is the responsibility of the property owner to do something about the slide~ She questioned if the slide will remain in its present condition until actual building commences; or will something be done now~ Town Engineer Bala noted he met with the engineer for the project and the engineer indicates the owner will proceed to winterize the slide~ Mr~ Keith Hastings, engineer for the project; reviewed the plans to winterize the slide which entails placing a protective covering on the slide area; anchoring it down and providing drainage ditches~ Engineer Bala noted this winterization of the slide areas is unrelated to the EIR and the proposed project~ If there is no project there is work that will have to be done any way~ Sandra Marker; Belvedere City Manager; noted there are three areas of concern that the City of Belvedere has regarding this project; which are; 1) the impact of drainage on the Belvedere community and the potential flooding of the Lagoon and Cove Road areas; 2) added siltation problems to the Lagoon and 3) the concern that this is an unstable piece of property. She requested the final EIR address these matters more thoroughly. Being no further comments~ Mayor Rockey closed the public hearing~ Councilman Spratling noted in the presentation of the draft EIR to the Planning Commission there was discussion of the excavation work that will take place to repair the slide areas on this property~ He noted there was no discussion of the visual impacts of the slide mitigation measures and requested that aspect be addressed in the final EIR~ Councilman Spratling noted there was a great deal of discussion in the draft EIR regarding privacy impacts upon 80 Lyford Drive; and questioned if either Corinthian Court or ~~i~~i ~ttt Harbor Oak will have any privacy impacts. Mr~ Richard Harris~ EIR consultant; noted the lines of sight are such fr m Corinthian Court and Harbor Hill that neither will have privacy problems from this development~ Councilman Spratling questioned the relationship of the height of the proposed development compared to the previous ~~ii~tt Barak proposal. Mr. Harris noted the proposal is basically the same~ except the Marbella proposal calls for removing the slide material and building at a lower elevation. Mrs. Jurs noted there was disucssion in the draft EIR of the TOWN COUNCIL MINUTES #601 NOVEMBER 3 1982 PAGE 4 possibility that a retaining wall will have to be built between the Marbella property and 90 Lyford Drive and questioned if the property owners at 90 Lyford would have to share in the cost of constructing the retaining wall~ Moved: Vote: Direct the EIR consultant to prepare the final EIR for the Marbella project~ based on comments raised this evening Edelstein~ Seconded by Spratling AYES: Unanimous MOTION: 13. DRAFT--E~r~-R~ (Schonfeld Project~ Red Hill Circle) Director of Community Development Hanna noted this matter is the consideration and comment on the Draft EIR for the Schonfeld project proposed on Red Hill Circle~ He then introduced the EIR consultant~ Del Davis~ Mayor Rockey opened the public hearing~ Sandra Marker~ Belvedere City Manager~ noted there are three matters of critical concern to the City of Belvedere that she would like to see more adequately addressed in the Final EIR. She stated with the possibility of SP not going ahead there will definitely be additional drainage problems resulting from this project~ She also requested the siltation problem in the Belvedere_Lagoon and the slide conditions on Red Hill be further addressed. Councilman Edelstein requested that the Final EIR address the IIno projectll alternative. Engineer Bala noted the IIno projectll alternative does not adequately address the siltation problem. Being no further comments~ Mayor Rockey closed the public hearing~ Councilman Bergmann stated there is a significant slide on this property and noted her concern is that the EIR only contains 5 pages on the mitigation measures~ Mr~ Davis noted there are actually_three (3) documents pertaining to the slide on the property. Engineer Bala noted that a few weeks ago there was a substantial amount of rain and after that rain he requested a soils mechanic engineer to look at this site again~ During the Planning Commission public hearing it was noted there is a potential hazard to various properties along Lyford Drive should this slide area activate~ He noted he has not heard if the property owner is going to take any measures to winterize the slide area~ Town Manager Kleinert noted he discussed this matter with Mr~ Broadhurst of Donald Herzog's office~ Kleinert noted he would like to put the property owner on notice and request him to proceed with some type of emergency interim slide repairs~ He would also like to notify those potentially affected residents on Lyford Drive~ Sandra Marker invited the EIR consultant to meet with Belvedere Staff to share information and studies the City of Belvedere has on file regarding drainage in this area~ MOTION: Moved: Vote: request the EIR consultant to prepare the final EIR for the Schonfe19 project and incorporate the comments received to date. Spratling~ Seconded by Smith AYES: Unanimous Council briefly discussed the obligation of the Town to notify the Lyford Drive residents of the possible slide danger. Town Attorney Conn stated the Town has no legal obligation to notify the residents, but perhaps the Town has a moral obligation to notify them~ Town Manager Kleinert noted the Director of Community Development and himself met with Mr~ Schonfeld and his attorney and they were advised of the Town's concern relating to the immediate implementation of slide mitigation measures. The TOWN COUNCIL MINUTES #601 NOVEMBER 3 1982 PAGE 5 possibility that a retaining wall will have to be built between the Marbella property and 90 Lyford Drive and questioned if the property owners at 90 Lyford would have to share in the cost of constructing the retaining wall. Moved: Vote: Direct the EIR consultant to prepare the final EIR for the Marbella project~ based on comments raised this evening Edelstein~ Seconded by Spratling AYES: Unanimous MOTION: 13. DRAFT--E~r~-R:- (Schonfeld Project~ Red Hill Circle) Director of Community Development Hanna noted this matter is the consideration and comment on the Draft EIR for the Schonfeld project proposed on Red Hill Circle. He then introduced the EIR consultant~ Del Davis~ Mayor Rockey opened the public hearing~ Sandra Marker~ Belvedere City Manager~ noted there are three matters of critical concern to the City of Belvedere that she would like to see more adequately addressed in the Final EIR. She stated with the possibility of SP not going ahead there will definitely be additional drainage problems resulting from this project~ She also requested the siltation problem in the Belvedere_Lagoon and the slide conditions on Red Hill be further addressed. Councilman Edelstein requested that the Final EIR address the "no project" alternative~ Engineer Bala noted the "no projectll alternative does not adequately address the siltation probl~m. Being no further comments~ Mayor Rockey closed the public hearing. Councilman Bergmann stated there is a significant slide on this property and noted her concern is that the EIR only contains 5 pages on the mitigation measures~ Mr~ Davis noted there are actually three (3) documents pertaining to the slide on the property~ Engineer Bala noted that a few weeks ago there was a substantial amount of rain and after that rain he requested a soils mechanic engineer to look at this site again~ During the Planning Commission public hearing it was noted there is a potential hazard to various properties along Lyford Drive should this slide area activate~ He noted he has not heard if the property owner is going to take any measures to winterize the slide area~ Town Manager Kleinert noted he discussed this matter with Mr~ Broadhurst of Donald Herzog1s office. Kleinert noted he would like to put the property owner on notice and request him to proceed with some type of emergency interim slide repairs. He would also like to notify those potentially affected residents on Lyford Drive~ Sandra Marker invited the EIR consultant to meet with Belvedere Staff to share information and studies the City of Belvedere has on file regarding drainage in this area~ Moved: Vote: request the EIR consultant to prepare the final EIR for the Schonfe19 project and incorporate the comments received to date. Spratling~ Seconded by Smith AYES: Unanimous MOTION: Council briefly discussed the obligation of the Town to notify the Lyford Drive residents of the possible slide danger. Town Attorney Conn stated the Town has no legal obligation to notify the residents, but perhaps the Town has a moral obligation to notify them~ Town Manager Kleinert noted the Director of Community Development and himself met with Mr~ Schonfeld and his attorney and they were advised of the Town1s concern relating to the immediate implementation of slide mitigation measures. The TOWN COUNCIL MINUTES #601 NOVEMBER 3 1982 PAGE 5 Coun"cil-reques-ted- -the - "Town-Man-ag-er-.to- \Vri t-e- -a" "le-tt-er'- t<Y Mr-: Schon-feld- -requesting that . interim - slide - repairs be-ta-ken immediately - to --prot-ect.. do\Vnhtll-- res-iden-ts~ 14~ PRE~ZON~NG (Norman Property~ Paradise Drive~ Resolution) Mayor Rockey opened the public hearing~ Being no response Mayor Rockey closed the public hearing. Moved: Vote: accept Staff's recommendation to adopt a negative declaration of Environmental Impact and adopt first reading of the Ordinance prezoning the Norman property to the following: A) that portion of the property to be developed be pre zoned RP and B) the 4 acres to be dedicated as park area be zoned P Spratling~ Seconded by Edelstein AYES: Edelstein~ Bergmann~ Spratling, Smith, Rockey NOES: None MOTION: H~---BUSlNESS 16~ ENCROACHMENT-'I"NTO WWN--EASEMENT (141 Sugarloaf Drive) Town Manager Kleinert reported this matter has been before the Council and Parks and Recreation Commission~ He noted there is agreement for the location of the two benches to be provided by the property owner of 141 Sugarloaf Drive~ He noted the P&R Commission has also r~quested that trash recepticles also be placed by the benches. Manager Kleinert recommended the following changes to the Resolution before the Council this evening: Change title to read: A Resolution of the Town Council of the Town of Tiburon Offering to Abandon Public Easement at 141 Sugarloaf Drive~ Delete heading "Section 1. Findings". Change 5th paragraph to read~ NOW~ THEREFORE~ BE IT RESOLVED, that the Town Council of the Town of Tiburon will abandon its rights in the easement adjacent to 141 Sugarloaf Drive, so long as the following is first provided by the owner of 141 Sugar loaf Drive: (1) The sum of $2~000 (later changed to $3,500) is donated to the Town of Tiburon for loss of the public easement, and such funds to be used for the installation of 2 benches; one to be located within the right of way adjacent to 141 Sugarloaf Drive and another to be placed on Town property~ more commonly known as the Erma May Moody wilderness Area~ The benches will be used for public over-looks. _The Town will contract for the installation of the improvements. (2) Any remaining funds after the installation and construction of the benches and related improvements, will be placed in the Town's Open Space Fund~ Delete condition l~c~ Kleinert noted the estimate for the installation of the two benches and trash recepticals is $1~600 which would mean approximately $400 would be left over to be placed in the Open Space Fund~ He noted the amount of $2~000 is the amount recommended by the attorney of the property owners of 141 Sugarloaf Drive~ He stated the question is whether $2,000 is sufficient compensataion for abandoning the subject easement. Council questioned how many square feet the easement contains. Mr. Kuhns~ applicant's attorney~ noted the easement is 642 sq~ft. He noted that based upon 642 sq~ft~ the ~~~~~~~t fee TOWN COUNCIL MINUTES #601 NOVEMBER 3 1982 PAGE 6 title was appraised at $3;500: Councilman Spratling stated he feels the easement is as valuable to the Town as the fee title would have been and supports the fee of $3;500 which-formed the valuation - of -the --easement - a-t$ 2,- 000: MOTION: to adopt the resolution offering to abandon the Town's public easement at 141 Sugarloaf Drive and that the $2;000 figure be changed to $3;500 (Resolution 2066) Moved: Edelstein; Seconded by Spratling Supt. of Public Works Brunini reported that the P&R Commission recommended that the bench to be placed on the Town's right-of- way at 141 Sugarloaf be 3' lower than street level. Brunini stated a contractor has gone to the site and the contractor feels that placing the bench 3' below the street would weaken the street because of the required excavation. The contractor feels the most the bench could be lowered down would be l'~ Mayor Rockey noted the Commission's intention in the lowering the bench 3' feet was to make it less obtrusive and visually acceptable to the Community: The motion was amended and seconded by Spratling to include the following: a representative of the Parks and Recreation Commission; Town Engineer and Supt. of Public Works shall mutually determe the most suitable elevation for the bench to be located in the Town's right-of-way at 141 Sugarloaf Drive. Vote: AYES: Unanimous 17. ROTARY- -CLUB- -SIGN-APPLICATION (Application by Belvedere/Tiburon Rotary Club to Install Tiburon/Belvedere Entry Sign on Tiburon Blvd: Adjacent to Baptist Church Property) Town Manager Kleinert reported that this sign been submitted to the Town's B:A.R~; the City Design Review Board and their Town Council: proposed location of the sign would require permit from CAL/TRANS and n9ted this permit obtained by the Rotary Club. application has of Belvedere's Kleinert noted the an encroachment would have to be Mr. Gus Strotz; designer of the sign and Rotary Club member, displayed the proposed sign and reviewed the height. He noted the proposed sign is 4'+ wide and 6'7" high; when placed on the posts the highest point will be approximately 10'. The sign will be made out of redwood and stained in natural colors. MOTION: Accept the sign as presented Moved: Smith The motion dies for lack of a second. After a lengthy discussion it was requested that a cardboard mock-up of the sign be placed at the proposed location and that Council be notified when it is up to determine if the height and size of the sign is appropriate~ 1-: - - --COMMUlfrCA~IONS ~ -- - STAFF' AND -. TOWN.- MANAGER'- -ITEMS 18. CONTRACTING---.PUBLI'C- -WORKS - -SERVICES -TO-- -Clf}'Y-OF- -BELVEDERE (Report and Recomnlendation by Town Manager) Town Manager Kleinert reviewed the proposed contracting of certain public works services by the City of Belvedere, noting there will be benefits to both Tiburon and Belvedere. He recommended,that if this is pursued it be done on a one year trial basis. MOTION: Staff be directed to conduct a study on the contracting of public works services by Bevledere TOWN COUNCIL MINUTES #601 NOVElvlBER 3 1982 PAGE 7 Moved: Vote: Spratling~ Seconded by Edelstein AYES: Unanimous MISCELLANEOUS Town Manager Kleinert reported the Town Engineer is prepared to go out for bid on the Alcatraz Avenue slide repairs~ He noted the Engineer is proposing that the retaining wall be exposed aggregate~ The maximum height of the wall will be 71 above the curb and rosemary planted to cascade down the wall and cover it. Council recommended the wall be tan in color~ and authorized the Town Engineer to advertize for bids~ J ~_.- -ADJOURNM'Elft' Being no further business of the Town Council of the Town of Tiburon Mayor Rockey adjourned the meeting at 11:47 PM, vvednesday~ November 3~ 1982~ sine die~ ~.~ DENNIS RaCKEY, MAYOR Town of Tiburon ATTEST: R. \. TOWN COUNCIL MINUTES #601 NOVEMBER 3 1982 PAGE 8 MINUTES TOWN-. -COUNCIL CALL- -TO--ORDER Mayor Rockey called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:40 PM, Wednesday, October 13; 1982; in the Hilarita Corrumunity Room; Tiburon, California~ A~- - -ROLli .--CALL PRESENT: COUNCILMEMBERS: Edelstein; Spratling, Smith, Rockey EX-OFFICIO: Town Manager Kleinert; Director of Community Development Hanna, Town Attorney R~gghianti; Town Engineer Bala; Supt. of Public Works Brunini, Minutes Clerk Stultz ABSENT: COUNCILMEMBER: Bergmann B~-. - APPROVAL--OP- -MINUTES #598; September 15; 1982 Page 1; Public Questions and Comments; Change 2nd sentence to read "Councilman Spratling stated the Bui-lding Depa-rtment had previously checked the plans and found them in conformance. Page 4; 3rd paragraph from bottom; delete "He said that if Roundhill Road were to be used for access; it would also be used for a single parcel of land~ - Page 6; 4th paragraph from bottom change arel to are MOTION: Moved: Vote: Approve minutes #598 as amended Smith; Seconded by Spratling AYES: Unanimous ABSENT: Bergmann C~ - - -APPOINTMENTS - TO - -COMMISSIONS ~ - -BOARDS ~ - COMMITTEES 1. Council Appointee to Steering Committee for the Richardson Bay Special Area Plan MOTION: Moved: Vote: appoint Councilmember Bergmann to the Steering Committee Smith; Seconded by Spratling AYES: Unanimous ABSENT: Bergmann Mayor Rockey indicated he will volunteer to serve as Councilmember Bergmann's alternative to the Steering Committee. D ~ COMMISS ION" - AND - COMMI"TTEE .- ORAL - -REPORTS Councilman Smith gave a progress report on the Marketing Advisory Committee~ He reported that the audit survey questionnaire has now been developed and field tested~ The survey will take approximately 15 minutes to administer to a present ferry user and less for those not using the ferry~ The Marketing Advisory Committee feels this survey is a very important element of the program; and other important elements are: 3~ The Town offering low cost parking for ferry boat users. The Town has received 20 spaces in the Zelinsky downtown lot which will cost approximately $10-15 per month~ The Town has committed to create a municipal parking lot next to Home Savings for approximately 100 spaces for commuters at a reduced cost. The organization of ferry boat riders into a club which would entitle club members to certain "perks"; i.e. elibility for low cost parking; taxi tie-in service; free passes and 1. 2~ TOWN COUNCIL MINUTES #600 OCTOBER 13, 1982 PAGE 1 4. 5. possibily discount rates for beverages on Friday afternoons~ etc~ The proposed name for the club is IIFantail Club"~ Development of an image building brochure~ Direct mailing to persons not presently using the ferry service who are recommended by current riders. Councilman Smith noted that with the present fare increase the ferry ridership is down ~2% and hopefully this marketing program will reverse this figure. Mayor Rockey reported the Nature Conservancy has closed escrow on their portion of Ring Mountain~ The entire Ring Mountain parcel will be managed by the Nature Conservancy for the next five years. E~ - - -PUBLIC.-QUESTIONS -AND uCOMMENTS There were none at this time. F.; .- - - CONSENT -. CALENDAR Manager Kleinert reported that yesterday the Town Engineer opened the bids for the Roundhill Road slide repair in which three bids were received~ He requested the Award of Contract for this project be added to the Consent Calendar as Item 2.a~ Staff is recommending awarding the contract to the low bidder~ W. A. Smith~ Council requested Item No~ 2 be removed from the Consent Calendar for discussion. MOTION: Approve the Consent Calendar~ as amended~ consisting of: Moved: Vote: 2~a~ AWARD OF CONTRACT (Roundhill Road Slide Repapir, W~ A~ Smith) Spratling~ Seconded by Smith AYES: Unanimous ABSENT: Bergmann 2: BUILDrNG-nADDI-rION--ATHS-33 -COMS-rOCK (Response to 9/15/82 Meeting Public Questions Concerning Compliance) Director of Community Development Hanna reported that on October 11 the Building Official and he went to 530 Comstock and compared the building addition with the approved plans. They viewed the addition from all elevations and found it to be in comformity with the approved building plans~ Director Hanna reported the height of the building is actually less than the plans approved by the B~A~R~ The addition height is 22.5 feet on the South elevation and 21'811 on the north elevation, noting the Town's zoning ordinance allows a height of 30' without requiring a variance~ Mayor Rockey opened the hearing~ Mr. Eric Schmidt questioned which plans the addition was compared to~ the plans submitted for the Board hearing or the plans filed in March 1982~ Director Hanna responded the Board approved the addition on August 6~ 1981~ at which time design drawings were submitted~ He noted the addition was compared with the approved building pla~s. _Mr~ Schmidt questioned why the plans submitted before the B.A.R. hearing did not have specifications on them. B~A~R~ Chairman Jim Malott responded the B~A~R~ makes their decisions on what are called preliminary design drawings~ which enables the Board to recommend various design changes to the applicant without entailing excessive cost~ as would making changes to working drawings which are much more elaborate. He noted it is staff's function to make sure the plans submitted for the building permit do not change significantly from what was approved by the B~A~R. Councilman Edelstein stated it is and has been Board policy to encourage applicants to come in with design drawings because it allows the Board to consider changes they would hesitate to make if they received complex working drawings. The intent is that the completed documents and TOWN COUNCIL MINUTES #600 OCTOBER 13, 1982 PAGE 2 completed buil~ing should be substantially the same as the approved plans. Mr~ Schmidt noted he received a courtesy notice but it mentioned nothing about the addition being a second story. It stated the addit~on of a living room; bedroom; etc~ but not the second story. Director Hanna then read the second courtesy notice that was mailed out to the neighborhood which states the addition as being a second story addition~ Mr. Schmidt questioned if it is Town policy to accept preliminary drawings without dimensions on them~ Director Hanna stated it is not uncommon to receive preliminary drawings without dimensions but the drawings; including the Pringle drawings, are to scale. Mayor Rockey questioned if story poles were erected for this addition~ Director Hanna stated story poles were put up. Mrs. Pringle added they were up for approximately 30 days and there were two poles with red flags erected. Councilman Edelstein noted there had been a Board policy that whenever there is a concern over height or view obstruction that view poles would be erected; he quesioned Chairman Malott if this was still a policy~ Mr~ Malott responded that the Board will send back applications if there is a possibility of view blockage and no story poles erected~ He also noted this addition was not approved at one hearing; ~ut in fact there were mutliple hearings on this proposed addition. Councilman Edelstein noted that perhaps the notification process could be improved by sending a copy of the Staff report to the president of the homeowners' association~ Mr~ Bill Gwatkin stated the Board approval system does work. He noted there was an application in his neighborhood for an addition in which he received a courtesy notice. He stated he makes a point of going to the building department and reviewing the plans and then going to the Board meeting to object to the plans. The result was that the construction was not built at all~ He noted that at the meeting he was attending the matter of the a~d~t~on at 530 Comstock was on the agenda. At that meeting the B.A.R. was dissatisfied with the plans and sent them back for more detail~ He noted he did not know what happened after that, but it appears that no appeal was filed with the Town Council. Mr. Jack Gaines stated that Staff recommended denial of the addition; but the B~A~R~ did not endorse this recommendation. He stated at the second hearing four neighbors were present and three objected to the addition~ Mayor Rockey again noted that an appeal was not filed~ Mr. Schmidt noted that something went wrong with the system and questioned what went wrong~ It was his opinion that if anyone was going to buy Mr. Gaines' house they would probably pay $50;000 less for it now. He stated the subdivision was planned so the maximum number of persons can have a view of the Bay~ He stated there is no question in his mind that this addition should not have been allowed~ He questioned how the Town can prevent this from ever happening again. Mayor Rockey noted that if anything went wrong; that is a matter of opinion; the system works well but it does not mean it cannot be improved upon~ Councilman Spratling noted the B.A~R. approved the addition plans on notice of the objection of some of the neighbors. The individuals most concerned were on notice of the hearings. He noted there would be a violation of the due process clause were there any evidence what-so-ever that the zoning ordinance was violated. He noted the only evidence is that the Town did everything it was supposed to do and after the approval no one appealed the B~A.R~ decision~ The Council can take no action on this matter except ask that the plans get checked for conformity and it has been determined the addition is approximately one foot lower than approved~ TOWN COUNCIL MINUTES #600 OCTOBER 13, 1982 PAGE 3 Moved: Vote: that the Council and B~A.R. hold a workshop on the notification procedure~ before Christmas~ and that Staff find a date that is acceptable and this workshop session be opened to the Public and that Staff notify each president of every homeowner association in Tiburon of this workshop. Smith~ Seconded by Spratling AYES: Unanimous ABSENT: Bergmann HOTION: G. PUBLIC -HEARTNGS 3. MASTER&-PRECISE- PLAN-AMENDMENT (Tom and Dave's Cafe~ 1640 Tiburon Boulevard~ Ordinance 2nd reading~ Resolution) Mayor Rockey opened the public hearing~ and being no response the public hearing was closed. MOTION: Moved: Vote: read by title only Spratling~ Seconded by Smith AYES: Unanimous ABSENT: Bergmann Mayor rockey read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE MASTER AND PRECISE PLAN FOR TOM AND DAVE'S COFFEE SHOP - 1640 TIBURON BOULEVARD". Mayor Rockey noted that condition 1 of the ordinance establishes the hours of operation for the coffee shop~ He questioned what procedure must be taken to change the hours of operation. Director Hanna noted an ordinance would have to be passed by the Council at that time~ Mayor Rockey then questioned what would be an easier way to provide for changing the hours of operation without requiring the passage of another ordinance. Deputy Town Attorney Ragghianti stated a condition of the Master Plan ordinance presently before the Council could state the hours of opertion may be changed from time to time by resolution of the Town Council~ Council requested that after conditions 1 and 2 of the ordinance the following be added "The hours of operation as provided in this ordinace can be changed from time to time by resolution of the Town Council"~ MOTION: adopt second reading of the aforementioned ordinance as amended (Ordinance No~ 259 N~S.) Moved: Edelstein~ Seconded by Smith Vote: AYES: Edelstein; Spratling~ Smith; Rockey ABSENT: Bergmann MOTION: adopt the resolution approving tile precise plan amendment for Tom and Dave's Coffee Shop with the same amendments as the ordinance (Resolution No. 2061) Moved: Smith~ Seconded by Spratling Vote: AYES: Unanimous ABSENT: Bergmann 4~ MASTER AND PRECISE -PLAN-AMENDMENT (Agins Development, Ordinance 1st reading) Director of Community Development Hanna reported this matter is a modification to the approved Master and Precise Plan for the Agins property to provide access to the property from an extension of Hacienda Drive~ The approved Master and Precise Plan provided for access to the Agins' property via Gilmartin Drive. Director Hanna noted at the last Council meeting it was requested that confirmation in writing be presented that there is no opportunity to secure access to the property from the end of Roundhill Road and aerial photographs or other documentation indicating the existing conditions and the location of the easement to the property via an extension of Hacienda Drive. Staff has investigated the possibility of a public easement for access to the property from Roundhill Road. Director Hanna noted an easement was not offered for dedication to the public, but TOWN COUNCIL MINUTES #600 OCTOBER 13, 1982 PAGE 4 rather to the owner of what is now the Del Madera property. Director Hanna then reviewed other easements from the end of Roundhill Road for access; and there was one that could have benefit the Agins' property but a tennis court has been built over the easement. The applicant's representative; Martha McCart; noted she has written to all the lien holders of the Del Madera parcel regarding the possibility of providing access to the Agins' property over the Del Madera property; to date she has not received any responss~ She stated she does not feel there would be any objection to granting an easement for access, but given the current litigation involving the Del Madera property the lien holders are not anxious to provide the easement. Ms. McCart stated the Agins' parcel was created on July l5~ 1949 in which an easement to the property from Hacienda Drive exists in the title report. She reviewed the history of the ridge property which was granted to the Bostick family from the Reed estate in January 1949~ Since then the Bostick family has granted portions of property and right of ways to many people~ She noted the Agins have a continuous easement from Hacienda Drive to their property~ She stated the Agins do have legal access via Hacienda Drive. Councilman Smith questioned wha-t property owners along the ridge have legal easements to their property via Hacienda Drive. Ms. McCart stated the Town's open space~ the Del Madera property and the Sederquist property all have easements from Hacidena Drive. She noted the Peninsky and Neil Smith properties do not have easements from Hacienda Drive. Ms~ McCart reported that an aerial overlay of the ridgeline_does indicate that the unpaved portions of the existing fire trail are within the Hacienda Drive extension access easement~ Ms. McCart noted the Agins' master plan will expire on the 18th of November and stated an extension will have to be filed. Ms. McCart stated if the Town wanted to pursue access from Roundhill Road the only answer at this time would be condemnation~ Council questioned the Town Attorney regarding condemnation proceedings. Deputy Attorney Ragghianti indicated there are two forms of condemnation. In one form Del Madera would be notified that the Town of Tiburon intends to take a piece of land for access purposes. After a jury verdict to determine the cost is made, the Town may decide to abandon the action~ If the Town elects to abandon the action the Town is required to pay all attorney fees~ The other form of condemnation allows the Town to take a portion of property at which time appraisers are appointed immediately to come up with a valuation of the property taken and the Town then pays the property owners the appraised value of the property taken. This action may not be abandoned by the Town. Council questioned how much of an expense would there be in either form of condemnation~ Deputy Attorney Ragghianti stated that given what the Town knows about Del Madera the proceedings may take some time and a great amount of expense. Mayor Rockey opened the public hearing. Mr~ Rich Hildahl~ representing the Tiburon Hills POA; questioned if the Agins are granted access via Hacienda Drive~ would this alternative give the properties between the Wayne's and Agins' access~ Councilman Spratling responded that this is a matter of emergency access only for one residence on the Agins' property, if any subsequent property owner tried to take advantage of that access; he would completely withdraw his support for the emergency access~ Councilman Spratling stated the tt~~t ~t ~rtrtrft~~ ~t ~r1'1a-ce-ss. route of any property owner to his property is d~pendent upon approval of the Town in the Master and Precise Plan. Being no further comments; Mayor Rockey closed the public hearing~ TOWN COUNCIL MINUTES #600 OCTOBER 13, 1982 PAGE 5 Councilman Spratling proposed that staff draft an ordinance modifying the Master and precise Plan for the Agins' property along the lines submitted by the Planning Commission; noting all findings of the Planning Commission should be in the ordinance. He recommended a condition #3 be inserted in the ordinance which states this amendment permits only the development of site #1. He recommended that after condition l.(d) a new (e) be added which states "Access to site #1 via Hacienda Drive shall not be paved and shall be graded and improved only to the extent absolutly necessary to provide reasonable access to site #1. The Agins shall provide at the existing terminus of the paved portion of Hacienda Drive a gate or other barrier acceptable to the Town that insures only traffic to and from site #1 will use the Hacienda Drive extension permitted in D above~ The Agins shall, following completion of improvements to site #1; restore the paved portion of Hacienda Drive to its existing condition as directed by the Town Engineer"~ Councilman Edelstein stated this assumes that there will be a negative response from the Del Madera lien holders regarding access and that the Town would not want to pursue condemnation; and recommended preparing an ordinance providing access via an easement or condemnation via Roundhill Road~ Councilman Smith questioned if it was Councilman Edelstein's intention in thinking of condemnation that a roadway would be created serving only the Agins' property or a number of properties. Councilman Edelstein responded that if it was only a matter of providing a driveway to one house it could be considered a potential precedent setting~ Until Del Madera is settled he does not think Gilmartin Drive will be feasible. Providing access via Roundhill Road is attacking a problem before more tennis courts or other improvements are built over other easements. Mayor Rockey noted there are approximately seven (7) lenders that would have to subordinate the land for access; and questioned if they could all be brought together for a meeting with the Town Council~ Ms~ McCart stated she believes they could all be brought together. Council directed staff to prepare an ordinance for the Master and Precise Plan amendment for the Agins' property based on the Planning Commission's Resolution and that the Council's Lands and Development Committee meet with Del Madera's creditors to explore the possibility of providing an access easement from Roundhill Road to the Agins' property. 5~ APPEAL.OF--.B~-A~1t~--DECISION (Tree Complaint; 1101 Howard Drive) Director of Commun~ty Development Hanna reported this matter is an appeal of a B.A.R. decision regarding a tree complaint. Director Hanna noted this matter was before the B.A.R and Council once before~ On February 18; 1982 the B~A~R~ denied the tree complaint which was later appealed to the Town Council~ The Council action resolved the issues with the exception of four myoporum trees that in the complainant's opinion were not a~equ~tely clarified by the Council~ On September 16; 1982 the B.A.R. reviewed the tree complaint in regard to the four myoporum and denied the tree complaint as they had the previous complai~t~ This later denial is now being appealed to the Council. Mayor Rockey opened the Public Hearing~ Mr~ Douglas O'Connor; complaintant; 10 Rowley Circle, reported that he had a transcript of the March 17; 1982 Town Council meeting prepared in regard to the appeal before the Council. He read various excerpts from the transcript basically pertaining to discussions regarding the maintenance of the myoporum, willow and juniper trees. He stated that in his opinion the Council in March intended that the Myoporum be maintained at the height that they were trimmed four days before the meeting. He noted promises were made by the Bergmanns at that meeting that the TOWN COUNCIL MINUTES #600 OCTOBER 13, 1982 PAGE 6 myoporum would be maintained and he feels those promises have not been kept. Mr~ O'Connor also requested that the appeal fee for this hearing be waived as was the filing fee for the B.A.R. hearing~ He noted in March the Council directed that the willow and juniper trees be trimmed~ but the myoporum were not considered as they were trimmed prior to the meeting. He noted in March the Council intended that the myoporums be maintained as they had been trimmed but this action was not in the motion. Mr. O'Connor requested that the center myoporum be trimmed 1-2' which would allow adequate screening from his son's bedroom of the Bergmanns yard~ This reductio~ would return sunlight and a mountain view to his residence. The other myoporums should be reduced to 3' above the fence which would allow adequate screening of the Bergmann's living room~ dining area~ breakfast nook and backyard from his property~ He requested that the willow tree~ which was to be trimmed 5' from the top and side in March~ be trimmed 10' from the top and side as there is no way to determine how much the tree has grown since March 1982. He stated in his opinion the tree has grown 5'~ He requested that the juniper be trimmed to the fence level as he requested in March. He noted that in March there was discussion as to whether the juniper could be topped without damaging it and his landscape architect indicates it can be topped but it should also be trimmed to keep its perspective~ He stated that if the Bergmanns do not want to alter the juniper that he is willing to replace the tree with one of a lesser growing species to provide the screeing the Bergmanns desire~ He also requested that the 4th myoporum be directed to be maintained 3' above the fence. He requested that there be a 2' window between the myoporums so they would not be considered a hedge and therefore in violation of the hedge ordinance~ B~A~R~ Chairman~Jim Malott; clarified the B~A~R. decision on this tree complaint~ noting that there are three findings under the tree ordinance that must be made to constitute a violation of the ordina~ce~ and the B~A~R~ could not make an affirmative finding on any. He noted this complaint is a classic case of privacy versus view as the two lots in question differ in elevation by about 10 feet~ He also noted that if the myoporum were trimmed there would be other trees farther away that would impair the O'Connor view~ He also noted that a second story was added by the O'Connors which has caused a privacy problem for the Bergmanns~ There is a distinct privacy problem from the second story of the O'Connor's house to the main living area of the Bergmanns~ Mr~ Malott noted that the view Mr~ O'Connor is seeking to improve is from his kitchen and breakfast room. View blockage covered in the tree ordinance pertains only to the main living areas of a residence and the Board does not consider a kitchen or breakfast room a main living area of a home~ Mr~ Bergmann; 101 Howard Drive~ questioned why this matter is even being considered for a second time~ He noted there was Council action on the willow and juniper tree in March. He stated that everything the Town has requested him to do has been done; yet this matter comes up again. Mr. Bergmann indicated he has submitted to Town Staff estimates for the trimming of the trees; which Council directed should not take place until after -the growing season~ He stated he intends to keep the myoporum at the height they were trimmed last March~ Councilman Spratling stated if this appeal was corning to the Counci~ without the background it has~ he would vote to deny the appeal. He noted that this appeal must be looked at from the context of the previous council's discussion. In his opinion the previous Council implied a maintenance requirement on the myoporum~ Councilman Edelstein stated he felt the previous Council strongly implied a maintenance requirement in their deliberations even though it was not stated in the motion. Councilman Smith questioned what height the myoporums were cut to prior to the March Council meeting~ Mr~ O'Connor responded they TOWN COUNCIL MINUTES #600 OCTOBER 13, 1982 PAGE 7 were not cut to an acceptable height but since they were cut he accepted their height: He stated they were probably 5' above the fence. Councilman Smith stated the key myoporum is the one referred to as the one in the center and it is a critical tree to the Bergmann's privacy: He stated he thinks that specific myoporum should be allowed to grow to 10' above the fence, or at least treated separately from the other myoporum: Mr: O'Connor then presented Council with photographs showing the height of the center myoproum~ noting it can be cut 1-2 feet and still maintain maximum privacy for the Bergmanns: Mayor Rockey suggested instead of imposing a maintenance requirement that the Council rely on Mr: Bergmann's word that the trees will be maintained as directed~ therefore reducing Staff time of routinely checking the trees to make sure they are in compliance: Councilman Spratling stated a maintenance requirement would not require Staff to routinely check the trees. The only time the ~own would become involved is when there is a compliant filed. MOTION: to incorporate the height limits imposed by the previous Council that the willow be reduced 7' on the top and west side~ that the juniper be reduced 5' or to match the height of the myoporum at 3' above the fence~ whichever is iit}~i.t}ilower~ and impose a requirement that they be maintained within reasonable limits. The myoporum closest to the juniper be kept at a level not to exceed 3' above the fence~ that the remaining myoporum all be trimmed to a level of 6' above the fence and they also be maintained within reasonable limits. Spratling~ Seconded by Edelstein AYES: Edelstein~ Spratling~ Smith NOES: Rockey ABSENT: Bergmann 6: RELOCATION OF COUNCIL CHAMBERS (From Del Mar School Library to Hilarita Community Room, Ordinance 2nd Reading) Moved: Vote: rvIo'r ION: Moved: Vote: adopt second reading of the ordinance amending Section 2-1 of Article 1 of the Tiburon Code (No: 260 N.S.) Spratling~ Seconded by Smith AYES: Edelstein~ Spratling~ Smith~ Rockey ABSENT:Bergmann H~ COMMUNTCATIONS~ STAFF AND TOWN-MANAGER REPORTS 7: Letter from ewe to Town Council dated 19/6/82 (Champagne Tasting at Sabella's scheduled for 11/11/82) Town Manager Kleinert reported this is a request to hold a champage tasting at Sabella's restaurant on November II, 1982. The proposal includes a fireworks display~ a marching band, and approximately 1~200 participants. He noted November 11th is a holiday and feels_there would.be a problem with a band marching down Tiburon Blvd. at 5:00 PM. He also noted a permit would have to be obtained from CAL/TRANs for the parade. Mr: Rothlin, applicant~ reviewed his plans for the champagne tasting festival in Tiburon: He stated he has contacted the Police Department and is going to provide off-duty police officers for crowd control. To keep the number of participants under control he is going to sell no more than 1~200 tickets at $10:00 each: After a lengthy discussion Council approved the champagne festival subject to limiting ticket sales to 1~200~ the band playing at the Corinthian Yacht Club or indoors and that all local ordinances and laws be observed. 8: Re....roofingof DelMar Reed Schools (Status Report) Town Manager Kleinert reported at the last meeting this matter was referred to Town Staff to determine if a permit or design TOWN COUNCIL MINUTES #600 OCTOBER 13, 1982 PAGE 8 review of the protective coating to be applied to the Del Mar and Reed schools by the RUSD can be considered by the Town. The Town Engineer and Attorney, through their interpretations of the Uniform Building Code~ feel that this would be considered a painting job and not classified as a re-roofing~ therefore not requiring a permit or design review~ After discussion it was determined that the Town had no jurisdiction in denying the project even though it was submitted by the School District for review and comments~ Councilman Edelstein noted there are some matters he would wish to discussion which are the subject of a Closed Session. He requested that a.Closed Session be scheduled for the meeting of November 3~ 1982. :I.. -ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon~ Mayor Rockey adjourned the meeting at 12:00 midnight, Wednesday~ October l3~ 1982~ sine die~ ,~~~ DE NIS ROCKEY, HAYOR Town of Tiburon ATTEST: TOWN COUNCIL MINUTES #600 OCTOBER 13, 1982 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 7:37 PM, Wendesday, October 6, 1982, in the Hilarita Community Room, Tiburon, CA. A. ROLL CALL PRESENT: COUNCILMEMBERS: Bergmann, Spratling, Smith, Rockey EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Town Engineer Bala, Supt. of Public Works Brunini, Minute Clerk Stultz ABSENT: COUNCILMEMBER: Edelstein B. APPROVAL OF MINUTES *598, September IS, 1982 MOTION: approve minutes i598 of September 15, 1982, as submitted Moved: Vote: Smith, Seconded by Spratling AYES: Unanimous ABSENT:Edelstein C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES Mayor Rockey reported that he received a letter from Supervisor Wilhelm outlining the function of the Richardson Bay Planning Committee. The letter requests Tiburon to select one Councilmember to serve on the steering committee for the plan. Mayor Rockey requested Staff to copy the letter to the Council with the thought in mind of making an appointment at the Council's meeting of October 13, 1982. COMMISSION AND COMMITTEE ORAL REPORTS Councilmember Bergmann reported that she attended the September 15, 1982, Priority Setting Committee meeting. The meeting discussion was based on the High Occupancy Vehicle (HOV) lane. Councilmember Bergmann reminded Staff that the Town's grading and sediment control ordinance must be adopted by July 1983. Councilman Spratling reported on a meeting last Thursday night with Southern Pacific at which time sp. formally announced their downtown Tiburon project is going on the market for sale. Spratling noted the Town has approval authority over any sucessor in interest which means a new owner would have to abide to the conditions of the approved Tentative Map or go back to the beginning. Councilman Smith reported the Tiburon Ferry Marketing Advisory Committee met recently with Dave Pence of Harbor Carriers. The group has now come up with a fully developed questionaire to be used in the telephone audit. He noted one concern is timing of the audit in reltion to the ferry fare increase. E. PUBLIC QUESTIONS AND COMMENTS There were none at this time. F. CONSENT CALENDAR Mayor Rockey recommended Item No. 6 be moved to the Consent Calendar for continuance as the matter must be heard by the Planning Commission first. Councilman Spratling recommended moving Item No. 10 to the consent calendar for the same TOWN COUNCIL MINUTES *599 OCTOBER 6, 1982 PAGE 1 rationale. Council requested Items 2 and 5 be removed for discussion. MOTION: approve the consent calendar as amended consisting of: 1: FINANCE REPORT (August 1982) FERRY COMMUTER. PARKING (Lease Agreement with Main Street PropertleS) OPEN SPACE ACQUISITION PROGRAM (Establish Coordinated Effort with County of Marin, Resolution No. 2059) REGULATION OF COMMERCIAL AMUSEMENT DEVICES (Continued) ZONING ORDINANCE DEFINITIONS (Continued) 4. 6. 10. Town Manager Kleinert reported that he received a letter from Ed Zelinsky in which he asks if a Memorandum of Agreement could be used instead of a Lease Agreement for the Ferry Commuter parking. Council stated Mr. Zelinsky's request is appropriate, but that the Memorandum of Agreement would be subject to Council's approval. Moved: Bergmann, Seconded by Spratling Vote: AYES: Unanimous ABSENT:Edelstein 2. TRAFFIC SAFETY COMMITTEE REPORT (September 1982) Councilman Smith stated that Item 2 of the Traffic Safety Committee Report leaves the issue in the air. Council discussed the possibility of requesting CAL/TRANS to prepare a study addressing the feasibility of providing a third lane on Tiburon Bouelvard to provide for left hand turns. Council felt that- such a study maybe threatening to the community. MOTION: direct the Town Engineer to prepare a study on ways of making left hand turns safer along Tiburon Boulevard and that the appropriate funds be allocated for such a study Moved: Spratling, Seconded by Bergmann Vote: AYES: Unanimous ABSENT: Edelstein MOTION: to approve the Traffic Safety Committee Report for September 1982 Moved: Spratling, Seconded by Smith Vote: AYES: Unanimous ABSENT: Edelstein 5. TIBURON BOULEVARD MAINTENANCE (Request Action by CAL/TRANS) MOTION: authorize the Mayor to sign a letter to CAL/TRANS requesting them to deal with the deplorable condition of Tiburon Boulevard G. PUBLIC HEARINGS 7. MASTER & PRECISE PLAN AMENDMENT (Tom and Dave's Cafe, 1640 Tiburon Boulevard, Ordinance lst Reading) Council waived the oral staff report. Mayor Rockey opened the public hearing. Mr. Tom Desomini, applicant, stated this amendment is to allow the sale of beer and wine. He noted the cafe is only open until 3:00 PM. Being no further comments, Mayor Rockey closed the public hearing. MOTION: read by title only TOWN COUNCIL MINUTES 1599 OCTOBER 6, 1982 PAGE 2 Moved: Spratling, Seconded by Smith Councilman Spratling recommended that in condition No. 3 of the Ordinance the word amplification be changed to ..sound amplificationll Mayor Rockey stated that there are not many businesses as you move east down Tiburon Boulevard that have a liquor license. Most of the entertainment is confined to the down town area and he would like to see entertainment remain only in the downtown area. Vote: AYES: ABSENT: Unanimous Edelstein Mayor Rockey read IIAN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE MASTER AND PRECISE PLAN FOR TOM AND DAVE'S COFFEE SHOP - 1640 TIBURON BOULEVARD. MOTION: Moved: Vote: to adopt first reading of the aforementioned ordinance Spratling, Seconded by Smith AYES: Bergmann, Spratling, Smith, Rockey ABSENT: Edelstein 8. RELOCATION OF COUNCIL CHAMBERS (From Del Mar School Library to the Hilarita Community Room, Ordinance lst reading) Mayor Rockey opened the Public Hearing. Helen Benedict stated the TEA and Hilarita Board of Directors are pleased and supportive of the Town's use of the Community Room. Council expressed their appreciation and satisfaction with the Hilarita Community Room as the Town Council Chambers. Being no further comments, Mayor Rockey closed the public hearing. MOTION: Moved: Vote: read by title only Spratling, Seconded by Smith AYES: Unanimous ABSENT: Edelstein Mayor Rockey read IIAN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING SECTION 2-1 OF ARTICLE 1 OF THE TIBURON CODE". MOTION: Moved: Vote: adopt first reading of the aforementioned ordinance Smith, Seconded by Spratling AYES: Bergmann, Spratling, Smith, Rockey ABSENT: Edelstein H. BUSINESS 9. ENCROACHMENT INTO TOWN EASEMENT (141 Sugarloaf Drive) Council waived the oral staff report. Mr. Kuhn, representing the property owner of 14l Sugarloaf Drive, stated that the Staff recommendation is the most reasonable solution to the problem. He noted that the recommendation does not include any mention of the Town transferring its easement to the property owner. Mr. Kuhn questioned if the property owner could make the donation for the benches and then the Town contract out for their installation. Councilman Spratling read the statement in the Staff report regarding the building height of any proposed residence on the adjacent vacant lot being limited to the 690 elevation line to ensure that the development will not encroach into the view corridor of the new Town easement. He stated such a comment or TOWN COUNCIL MINUTES #599 OCTOBER 6, 1982 PAGE 3 condition can not be placed on the property without the appropriate noticed public hearing. He recommended the wording placed in the file for the adjoining property be liThe finished height of any building ~~y ~~ should be no higher than the 690 foot elevation.to preserve the Town's scenic easement". Councilman Spratling stated he does not feel the Council should act on Staff's recommendation as proposed, but rather that an agreement between the property owner of 141 Sugarloaf Drive and the Town be entered into in the form of a resolution. He recommended the resolution include that the property owner purchases the easement the Town now owns, what the terms of the purchase are, and that the property owner pay for the drawings and all improvement costs for the installation of the two new benches and depending on those costs that he pay a contribution to the Open Space Fund in an amount to be determined by the Council. Mr. Kuhn questioned whether the Town could sell an easement which it does not own the fee title to. Council requested that the Parks and Recreation Commission submit its recommendations as to the appropriate location for the two new benches. Councilman Spratling reiterated Councilman Edelstein's request from the last meeting that the P&R Commission Chairman provide an oral status report on the trails and lane map. Council continued this matter to the November 3, 1982 meeting to allow for the preparation of the appropiate resolution and to notify the P&R Chairman to attend the meeting. ll. RE-ROOFING OF DEL MAR AND REED SCHOOLS (Review of B.A.R. Decision Council waived the oral staff report. Mr. Harry Stone, RUSD Maintenance Supervisor, stated the application is not for re-roofing the schools but is actually the placement of a protective coating on the roofs. He then presented Council with a sample of the proposed coating. He noted that the reflective quality of the coating diminishes with time. Councilman Spratling questioned if the coating was made less reflective would it lessen the protective quality. Mr. Stone stated no. After a lengthy discussion Council continued the matter to the next meeting and directed the Town Attorney and Town Engineer to determine if this matter has any standing before the B.A.R. as it is not a re-roofing project but rather the painting on of a protective coating. I. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS 12. BELVEDERE/TIBURON JOINT RECREATION COMMITTEE JPA (Review Revised Draft JPA) Town Manager Kleinert commented that there is no urgency in approving the revised JPA. He recommended any comments or revisions could be submitted to himself or the Recreation Director. Council commended Tom Gram for the preparation of the JPA which is a clear, concise document. MISCELLANEOUS ITEMS Councilman Smith stated it is his understanding that Stan Bala has not presented the issue of tree removal along Lagoon Road in conjunction with he Multi-Use Path widening to the Belvedere City Council. Town Manager Kleinert stated that Stan and himself attended the Belvedere Planning Commission meeting in regard to this matter. Eningeer Bala stated the Planning Commission avoided the issue. He stated someone has to make a decision as to whether the trees can be removed. He noted the trees are on Tiburon's property. He noted he will provide three alternative TOWN COUNCIL MINUTES #599 OCTOBER 6, 1982 PAGE 4 Tiburon's property. He noted he will provide three alternative plans to be presented to the Belvedere City Council. Councilman Smith requested permission from the Council to attend the Belvedere City Council meeting in regard to this matter. Councilman Smith was granted permission to attend the Belvedere City Council meeting. Mayor Rockey thanked Staff for the installation of the gate between Sabellas and Carlos O'Brians. Town Manager Kleinert presented Council with a resolution honoring Dave Teather as the Town's poet laureate. Motion: Moved: Vote: adopt the resolution honoring Dave Teather as Tiburon's poet laureate (No. 2060) Smith, seconded by Bergmann AYES: Unanimous ABSENT: Edelstein Supt. of Public Works Brunini requested permission to install appropriate signage indicating that bicycles are not allowed on the path which bi-sects the South of the Knoll park. Council requested permission for such a sign. Town Manager Kleinert read a letter from Mrs. Leslie Kim to the Chief of Police regarding the dedication of the police building in honor of the late Sergeant Kim. 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, October 6, 1982, to October 13, 1982. tl..,if?A DENNIS ROCKEY~YOR Town of Tiburon ATTEST: TOWN COUNCIL MINUTES #599 OCTOBER 6, 1982 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 7:37 PM, Wednesday, September 15, 1982, in the Library 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 Attorney Conn, Chief of Police Bailey Town Engineer Bala, Supt. of Public Works Brunini, Acting Minute Clerk Mason B. APPROVAL OF MINUTES Minutes #597, September 1, 1982 were continued to the next regular meeting. C. APPOINTMENTS TO COMMISSIONS, BOARDS_, COMMITTEES There were none at this time. D. COMMISSION AND COMMITTEE ORAL REPORTS Councilmember Bergmann gave an oral report and distributed pamphlets regarding Inter-Arts. She noted Inter-Arts' charge is to organize and implement public art projects. The group is funded primarily by the SF Foundation. She reported Inter-Arts is anxious to have a community effort on the Tiburon Peninsula. There is a consensus by the Fine Arts Commission that their representatives in Tiburon-Belvedere should do an investigation to determine if Tiburon and Belvedere should become involved. The previous Council had expressed an interest in the Inter-Arts program. Mayor Rockey stated that he had received a letter of introduction from Via-Com advising the Town that Valerie Castellana is the new Director of Planning and Development. E. PUBLIC QUESTIONS AND COMMENTS Jack Gaines questioned whether the construction at 530 Comstock is in compliance with the approved plans. Councilmember Spratling stated the ~Jt~tt~t ~t ~~~~~~Jtt ~~1~~~W~~~t Building Department had previously checked the plans and found them in conformance. Mayor Rockey directed Staff to re-check the construction and determine if it is consistent with the approved plans and report back to the Town Council at the next regular meeting. F. CONSENT CALENDAR MOTION: approve the consent calendar consisting of: 1. FINANCE REPORT (June 1982) 2. POLICE REPORT (August 1982) 3. MARIN COUNTY COMMUNICATIONS MAINTENANCE CONTRACT (Renewal of Agreement) 4. AYALA DAY VOLLEYBALL CHALLENGE (Tiburon v. Belvedere, Resolution No. 2044) 5. AUTHORIZATION TO ADVERTIZE FOR BIDS (Roundhill Road Slide Repair) 6. OPEN SPACE TAX BOND RATE (Establish 1982-83 Tax Rate TOWN COUNCIL MINUTES i598 SEPTEMBER l5, 1982 PAGE 1 for 1972 Open Space Bond Act, Resolution No. 2045) Moved: Vote: Spratling, Seconded by Smith AYES: Unanimous ABSENT: None G. PUBLIC HEARINGS 7. LA CRESTA ASSESSMENT DISTRICT (Public Hearing and Formation of Assessment District, Resolutions)) Mr. Ed Ness, Bond Counsel for the La Cresta Assessment District, reviewed the status of the District Proceedings and briefly outlined the actions to be taken by the Town Council at tonight's meeting. He stated the issue relating to the retaining walls had been resolved in that a liability insurance contract had been agreed upon by the property owners and the Town Attorney. Town Attorney Conn stated that the future property owners will be responsible for the maintenance of the retaining walls. The Town Attorney stated that the Town of Tiburon desires that ownership on the retaining walls revert back to the property owners after the bonds mature. Town Engineer Bala stated that the developers are responsible for the retaining walls for one year after completion as well as for one year of insurance. Mr. Ness noted that he did not consider the construction period as being a time of much exposure as the contractor is well insured. Councilmember Edelstein questioned whether the Town needed more liability protection due to possible lawsuits. He inquired whether a slide could cause collapses and proceed further downhill. Mr. Ness noted the Assessment District is not an entity and that if anyone is sued other than the developers, it would possibly be the Town, then outside counsel would have-to be obtained by the Town. Councilmember Edelstein stated that he was concerned about the liability protection question and the stability of the retaining walls. Ness noted that the Town is protected if something occurs during the course of construction. Town Engineer Bala noted that certain walls relating to the public streets and right of ways would be owned by the Town. Councilmember Spratling inquired if the Town Attorney had any problem with any of the resolutions or agreements being considered by the Town Council at this time. Both Town Attorney Conn and Bond Counsel Ness stated that neither had any problems with the resolutions or agreements. The Town Manager stated there are 13 resolutions which required action by the Town Council as follows: 1. Resolution amending Resolution of Intention 2. Resolution approving agreement with the Richardson Bay Sanitary District. 3. Resolution approving agreement with the Marin Municipal Water District. 4. Resolution approving agreement with Tele-Vue Systems, Inc., dba as ViaCom. 5. Resolution approving agreement with Pacific Gas and Electrict Company. 6. Resolution approving amended engineer's report and Assessment and ordering the improvements. 7. Resolution establihsing bond reserve fund. 8. Resolution concerning foreclosure of delinquent assessment liens. 9. Resolution authorizing change work orders. TOWN COUNCIL MINUTES j598 SEPTEMBER 15, 1982 PAGE 2 lO. Resolution ordering sale of bonds to Wulff, Hansen and Company. ll. Resolution awarding contract. 12. Resolution determining assessments remaining unpaid. 13. Resolution approving agreement with Bank of America as paying agent and fiscal agent. MOTION: Adopt the aforementioned resolutions (Nos. 2046 - 2058 respectively), subject to review of the exhibit Agreements by the Town Attorney of Resolutions 2048, 2049, 2050 and 2058 Moved: Edelstein, Seconded by Smith Vote: AYES: Unanimous NOES: None 8. MASTER AND PRECISE PLAN AMENDMENT - AGINS PROPERTY - (Ordinance -1st Reading) Director of Community Development Hanna presented the application and noted that the Planning Commission has recommended an amend- ment to the Master and Precise Plan providing for the construction of only one single family dwelling at this time. The two additional lots approved in the Master Plan and Tentative Map would be constructed on only after alternate access to the site were available. The Resolution included provisions for an extension of the time for filing a Final Subdivision Map for the Agins property and an extension on the expiration of the Master and Precise Plans~ Mayor Rockey opened the public hearing. Martha McCart, representing the applicants, gave a history of the development. She noted that originally the extension of Roundhill Road would be used for access but since it was impossible to secure an easement for that access, they modified the application to secure access from Hacienda Drive, which is described in the deed to the Agins property as a roadway easement. Ms. McCart noted her clients did not agree with the construction of only one single family dwelling at this time and had requested the opportunity to sell all of the lots that were created by the Tentative Subdivision Map. Mr. Jack Friesen, President of the Tiburon Ridge Association, believed that other alternatives should be considered as access to the site. It was his opinion that the Commission approval of three in favor and one opposed and one abstention was indicative of the need for consideration of alternatives. He further believed that an Environmental Impact Report should be done for the project. He noted that the Tiburon Ridge Association and private property owners may litigate the existence of the easement on Hacienda Drive. He further felt that the Resolution before the Town Council omitted two conditions of approval that he felt should be specifically noted. One was for provisions for providing a barrier or gate at the end of the paved portion of Hacienda Drive to ensure limited access. The other condition would relate to assurance that Hacienda Drive would be restored to its original condition after construction vehicles were finished using the roadway. Mr. Esposito, of 136 Hacienda Drive, stated that he did not believe the easement was appropriate and that it crossed private property. Marilyn Siewert, of 146 Hacienda Drive, felt the community should dictate the type of environment they wished and Hacienda Drive TOWN COUNCIL MINUTES i598 SEPTEMBER 15, 1982 PAGE 3 should be kept a rural road so that problems associated with vehicles exceeding the speed limit can be avoided. Mr. Robert Wayne did not believe that all other alternatives had been explored and that easements and right-of-ways existed from Roundhill Road that would provide access to the Agins property. When queried by Councilmember Edelstein, Mr. Wayne stated that the alignment of the Hacienda Drive easement does not follow the existing fire trail. Mr. Marvin Breen, of 18 Noche Vista, felt the area should be maintained as open space and not used for a roadway. Mr. Mike Masterson, of 139 Hacienda Drive, felt that all options should be explored before approval of this application. Mayor Rockey then closed the public hearing. Councilmember Edelstein felt that much information was based upon research by the applicant and that the issue was too important to accept on faith, and that additional research should be done by the Town staff and the Town Attorney. He felt that a survey was needed to establish the exact alignment of the roadway over Hacienda Drive. He favored an all weather, but unpaved, road. Town Engineer Bala noted that armor rock gives the impression of loose gravel but it is a solid surface and could last 5 to 10 years before repair, although annual repair of chuckholes may be necessary. Councilmember Edelstein asked the applicants' representative if there was anything in writing denying the opportunity to secure access from the end of Roundhill Road across the Del Madera property. Ms. McCart answered that a request had been made verbally but nothing was in writing. Councilmember Edelstein then indicated that he felt that an Environmental Impact Report should be done and it was noted by Director Hanna that the Planning Commission approved only one single family dwelling at this time and did not feel that the environmental impact would be significant. Councilmember Edelstein felt that the Council may be acting on insufficient information and felt a topographical and legal survey of the easement should be done. Councilmember Spratling felt that the Hacienda Drive should be used as a temporary access route only and that there should be some written documentation presented by the applicants to support their position that alternatives are not possible. ~~ $~i~ t~~t it ~~~~~~i~~ ~~~~ ~~t~ t~ ~~ ~$~~ t~t ~~~~$$' it ~~~~~ ~~$~ ~~ ~$~~ t~t ~ $i~~~~ ~~t~~~ ~t ~~~~. He agreed with Councilmember Edelstein that there should be a survey to discover if the fireroad is within the described easement. He did not believe that it would be appropriate to attempt condemnation procedures for a single parcel of land and that that would conflict with the Master Plan and deliberations during the Del Madera project. Therefore, he reluctantly agreed with the Planning Commission's recommendation. After further discussion with regard to condemnation steps to acquire the easement right-of-way, it was determined that the topographic survey with the easement shown could range from $5,000 to $10,000. Therefore the Council agreed that the more recent aerial photos showing the existing conditons in sufficient detail upon which the easement could be drawn could be acceptable. It would not be a precise survey and more information may be needed but as a first step, it may give an indication of the general topography and the location of the fireroad in relation to the easement. Ms. McCart indicated they had additional documentation that could be presented to the Town Council. TOWN COUNCIL MINUTES #598 SEPTEMBER 15, 1982 PAGE 4 MOTION: To continue this matter to the next Town Council meeting of October 13, 1982 to allow the applicants and staff to prepare the additional information as requested by the Council this evening. MOVED: Edelstein, Seconded by Spratling VOTE: AYES: Unanimous NOES: None 9. CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT (HIGHLANDS DEVELOPMENT) Director Hanna presented the item noting that the request is for certification of the Final Environmental Impact Report for the Highlands project. John Roberto, who prepared the E.I.R., was present at the meeting to answer any questions from the Council and public. Director Hanna noted that a letter had been received from the Bel Air Property Owners Association requesting that a bond be put up by the applicant to ensure any slide damage would be repaired even long after the developers had completed construction and left. Director Hanna noted that the letter would be included as part of the Final Enviromental Impact Report. Director Hanna also noted that the July 26 memorandum with regard to the photo montages would be included as part of the Final Environmental Impact Report. Mayor Rockey opened the public hearing. Dan Roberts of the Bel Air Improvement Association stated the Association's concern with the issue of an appropriate bond for future landslide damage and reserves the opportunity to comment on the Master Plan after the Environmental Impact Report was certified. Ms. Martha McCart, representing the applicant, brought attention to the letter of August 12, 1982, from the Innisfree Company noting that the dwelling size in the alternative sections had been underestimated in the opinion of the applicant, which reduced the potential impacts from the alternative projects. Otherwise, the applicant believes that the E.I.R. is thorough and should be certified. Mr. Shasod, of 279 Cecilia Way, felt the noise analysis and the drainage considerations were not thoroughly reviewed. He felt the area should be more thoroughly analyzed. Mr. Roberto stated that the noise analysis was consistent with the methodology used by recognized experts in the field and was adequate. Likewise, the drainage had been reviewed by the County Flood Control District and an independent hydrology engineer. Mr. Peter Bohan stated that the issue of noise had not been satisfactorily addressed. He, at the present time, could hear private conversations from his neighbors because of the particular acoustical properties of his land. He was concerned that the swimming pool would create an unintenable noise situation. Mayor Rockey closed the public hearing. Councilmember Bergmann said the Homeowners Association situation had been addressed and that it was her opinion that one association rather than two may be the most appropriate. The Council discussed with Mr. Roberto the experts that had been used in the preparation of the report and noted that the letters received, the minutes of the Planning Commission and the Town Council and the memorandum from the Director of Community Development concerning the photo montages will all be included as part of the,Final Environmental Impact Report. TOWN COUNCIL MINUTES i598 SEPTEMBER 15, 1982 PAGE 5 MOTION: To certify the Final Environmental Impact Report for the Highlands project with the inclusion of the letters that had been received from the Bel Air Property Owners Association, the testimony of the public as included in the Planning Commission and Town Council minutes and the memorandum from the Director of Community Development. Moved: Spratling, Seconded by Smith Vote: AYES: Unanimous NOES: None Mr. Wayne Barcelon who has been hired to prepare the threemontages asked for clarification as to the level of detail for the montages. Council felt that a level of detail slightly greater than the original montages would be satisfactory. Mr. Barney McCarthy, representing Innisfree Companies, noted that the applicants intended to prepare an overlay to indicate the landscaping as it would appear at maturity. Then the photo montage could be done by the consultants and the overlay applied by the applicant so that each view, one with no landscaping and with one mature landscaping could be represented. The Council suggested that two overlays be prepared, one with the initial landscaping at its height intended by the applicant and another at the 10 year period so that the Council and public could fill in the stages between. H. BUSINESS 10. MUTLI USE PATH WIDENING (Stage IV, Consideration of Removal of Trees Betty Yoder, Parks and Recreation Commission representative~ left earlier in the evening because the subject matter was discussed so late. Town Engineer Bala reviewed the proposed Multi-Use Path improvements and presented a plan illustrating the specific area and trees recommended for removal. It is his feeling that one should plan for the future and be consistent. It should not be necessary to survey the property. A portion of the grant funds should be expended on replacement trees. In the area next to the lagoon, the road can be landscaped. The cost estimate for the proposed improvements is $37,000. $2,000 is left for landscaping. Engineer Bala is not suggesting any special trees, but he does need direction as to which way to go. Engineer Bala met previously with Belvedere City Manager Marker and City Engineer Buckle and explained which trees needed to be cut because of their roots uplifting the existing path. The problem should be jointly resolved. Councilmember Smith liked the concept that Engineer Bala is proposing. However, he asked the question that if the trees are going to be cut down, what alternatives are~ there to replacing them. He further suggested that the Town of Tiburon through its representatives should sell the concept as being able to create a better barrier (pine trees offer little or no noise or air pollution protection). Mayor Rockey agreed with Engineer Bala on the statement made about the roots. He then inquired as to how many trees would have to be removed on that basis. Engineer Bala answered approximatelyfive (5). In fact, while making up the plans, he tried splitting the paths in order to miss the trees, but it made for a clumsy, worsened situation. Councilman Bergmann felt that if the path is going to be done, it should be done properly. She concurred with Councilman Smith. Town Engineer Bala said that the Town should advertise separately for the landscaping work. Mayor Rockey requested that the Town TOWN COUNCIL MINUTES #598 SEPTEMBER IS, 1982 PAGE 6 try alternate bid plans. Town Manager Kleinert reported that the Belvedere City Council had expressed a position not to cut any more trees. Their Planning Commission meeting is scheduled for the evening of Monday, September 20th. Kleinert suggested that perhaps both the Town Engineer and himself should attend this meeting. Mayor Rockey stated that the Belvedere City Council is not in agreement with Engineer Bala, but landscaping is very important. 11. PARKS AND RECREATION COMMISSION (Recommendation from 9/9/82 Meeting) Town Manager Kleinert suggested that in the future the Commission make an oral presentation of their recommendations. Mayor Rockey concurred. l2. ZONING ORDINANCE DEFINITIONS (Review Draft Recommendations) The Town Council briefly reviewed phase one of the zoning ordinance revisions and recommended continuance until the Planning Commission had finished deliberations on the subsequent sections. I. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS 13. GREENWOOD BEACH ROAD CUL-DE-SACING (Status Report) Councilman Bergmann stated that she has received numerous calls from residents requesting that the Greenwood Beach Road Cul-De- Sac continue to be closed. MOTION: to support staff's recommendation that the trial closure of Greenwood Beach Road be extended for four (4) months and the public hearing scheduled at that time Moved: Vote: Edelstein, Seconded by Spratling AYES: Unanimous 14. COUNTYWIDE PLAN ADVISORY COMMITTEE (Committee Appointment) Mayor Rockey reviewed the Committee assignment with the Council and questioned whether the workload should be split between Councilmembers. There was general consensus that Councilmember Bergmann should be appointed to the Committee at this time, and if there is excessive demands for one person, the the position can be split. 15. Letter From D. Marincich (Regarding Solar Panel Fence, 60 Geldert Drive It was recommended that the Town Council modify its earlier action in accordance with the letter from Orina Marincich. Council concurred. 16. SASM PIPELINE PROJECT Town Manager Kleinert gave an oral report on the Staff recommendations on SASM. The Town Council agreed with Kleinert that there should be no reason why SASM should not give the Town of Tiburon back its original benches (see item #3) after the completion of the new ones. J . ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Rockey adjourned the meeting at 12:00 midnight, Wendesday, September l5, 1982, sine die. ~~ DENNIS ROCKE , MAYOR TOWN COUNCIL MINUTES #598 SEPTEMBER 15, 1982 PAGE 7 Town of Tiburon ATTEST: R. L. ~~ER/CLERK TOWN COUNCIL MINUTES *598 SEPTEMBER 15, 1982 PAGE 8 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, Wednesday, September l, 1982, in the Library of the Del Mar School, Tiburon, CA. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergmann,Spratling, Smith, Rockey EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Town Engineer Bala, Chief of Police Bailey, Supt. of Public Works Brunini, Minute Clerk Stultz B. APPROVAL OF MINUTES #596, AUGUST l8' 1982 Page 2, Item l, lst paragraph, last sentence delete "traveling from 54 MPH to 74 MPH along the Boulevard. Insert "Substantially exceeding the speed limit on the Boulevard. Page 4, Item l2, 1st paragraph, change Bigelow to vigno. Page l, last paragraph, lst sentence change to read "Council referred the matter to the Town Attorney to determine: l) whether the Town has authority to reconsider the matter, 2) whether or not the matter can be agendized for the Council consideration, and 3) whether Mr. Kraftzick was in proper standing. MOTION: Approve minutes #596 as amended Moved: Smith, Seconded by Edelstein Vote: AYES: Unanimous C. APPOINTMENTS TO COMMISIONS, BOARDS, COMMITTEES Mayor Rockey requested this portion of the agenda be considered in conjunction with Item No. l2 of the Business section. Council concurred. D. COMMISSION AND COMMITTEE ORAL REPORTS Councilman Spratling reported that the Lands and Development Committee met with the Director of Community Development for three hours on Sunday to discuss a new Planning Development fee schedule. He indicated the Committee needs to meet further before this matter can be agendized for Council's action. E. PUBLIC QUESTIONS AND COMMENTS Mr. Bob Canzioni of PG&E reported on PG&E's no interest loan program, Z.I.P., for weatherproofing homes. He recommended anyone interested in this program contact PG&E. Mr. Stone Coxhead, member of the Board of Adjustments and Review, stressed the importance of the Council appointing another member to the B.A.R due to quorum problems. F. CONSENT CALENDAR Council moved Items 3, 7, and 8 to the Consent Calendar for continuance. MOTION: approve the Consent Calendar as amended consisting of: 1. TOWN ENGINEER FEES (Recommended Adjustments for TOWN COUNCIL MINUTES #597 SEPTEMBER 1, 1982 PAGE 1 1982-83 Resolution No. 2042) 2. CERTIFICATION OF TOWN RIGHT-OF-WAYS (Recommendation by Town Engineer, Resolution No. 2043) 3. AMENDMENT TO ZONING ORDINANCE (Establish Zoning violation Infractions, Continued to 9/l5/82) 7. AMENDMENT TO UNIFORM BUILDING CODE (Clarify Secondary Exiting Requirements, Continued to 9/15/82) 8. CONTINUED PUBLIC HEARINGS a. Agins Master & Precise Plan Amendment b. Highlands Final E.I.R. Moved: Spratling, Seconded by Smith Vote: AYES: Unanimous G. PUBLIC HEARINGS 4. TENTATIVE TRACT MAP (Subdivide One Office Building into Six Office Condominiums, Pan Pacific, Resolution) Council waived the oral Staff Report. Mayor Rockey opened the public hearing. Cynthia Gilbert was present to answer any questions. Council expressed their desire to have the landscaping surrounding the building maintained. They noted the landscaping is important to mitigate the massiviness of the buildings. Ms. Gilbert stated she will work with the owners of the other two buildings in an attempt to amend the previously approved CC&Rs for the buildings to insure landscape maintenance at a level satisfactory to the Town. Council noted this would be satisfactory, based on the past cooperation of the developer. Director Hanna noted CAL/TRANS has not yet approved the use of their right-of-way for landscaping. As soon as CAL/TRANS gives its approval this area will be landscaped. Chief Bailey requested that consideration be given to low growing coverage on the CAL/TRANS property for proper sight distance from Mar West. Moved: Vote: adopt the resolution approving the Pan Pacific Tentative Tract Map, Resolution No 2044 Spratling, Seconded by Edelstein AYES: Unanimous MOTION: 5. APPEAL OF B.A.R. DECISION (Solar Panels, 60 Geldert Dr.) Director Hanna reported this is an appeal of a B.A.R. decision denying solar panels at 60 Geldert Drive. The panels were constructed on the lower portion of the lot without the benefit of a building permit or design review. The applicant then applied for design review approval. Director Hanna noted there was some concern over the location of the solar panels, whether they were on the applicant's property or private property. A survey was performed and the panels were determined to be located on private property. The panels were then subsequently moved onto the applicant's property. The B.A.R., after looking at alternatives, denied the application. Councilman Smith questioned the possible violation of the solar rights act by denying the solar panel application. Director Hanna explained the State law dictates that a governmental body cannot arbitraril~ deny the fact that a homeowner can construct panels at all. He indicated denial of this application is not in violation of State law. Councilman Edelstein questioned if the Board considered TOWN COUNCIL MINUTES #597 SEPTEMBER l, 1982 PAGE 2 a board fence and landscaping around the panels to make them less obtrusive. Boardmember stone Coxhead stated he did not recall such a discussion, but the fence would have to be right on the property line if one were constructed. Mayor Rockey opened the public hearing. Mogens Bach, representing the applicant, stated this matter is being appealed because during the design review process before the B.A.R. four times, there was only one neighbor complaining, and that he does not feel the neighbor had a reasonable objection. He stated the one neighbor complaining is the one who can see the panels the least. Mr. Bach also noted that Staff recommended the panels be approved. The applicant is trying to do something that would benefit everyone - conserve energy. Mr. Bach recommended the applicant be allowed to erect a fence around the panels so they cannot be seen from the complaining neighbor's yard. Mrs. Marinicich, complaintant and property owner below the solar panels displayed an enlarged photo of the panels from her rear yard. She read a prepared statement indicating these panels are very visible from the northeast corner of her yard, they were built without the benefit of a permit, built without permission from the neighbors, and for these reasons recommended the Council deny the appeal. She questioned why the property owner could not move the solar panels within his pool area or sink them into the ground and landscape the area. Mr. Bach stated there is not enough room to locate the panels within the pool area behind the hedge illustrated in Mrs. Marinich's photograph. He indicated the panels are approximately 500 sq. ft. in size. Council questioned why the panels could not be located on the roof. The applicant, Mr. Bernecker, stated there is-not enough room on the roof as there is a domestic hot water solar system already on the roof. Mr. Bach stated the pool will have to be fenced as required by the Uniform Building Code and recommended this fence also enclose the solar panels. He noted the minimum height of the proposed fence would have to be 42". Being no further comments, Mayor Rockey closed the public hearing. Councilman Edelstein stated his concern over the placement of solar panels on the hillsides noting that more effort must be expended on the placement of solar panels. MOTION: Uphold the appeal subject to a board fence being placed along the property line as shown, but set back about 4', that planting be placed on the outer side of the fence to soften the harshness and maintained, and that the height of the fence be verified by site lines from the adjacent residence, Mrs. Marinich's, to ensure it shields the panels, and that the panels be relocated to accommodate the fence. MOVED: Edelstein, Seconded by Spratling Councilman Bergmann stated she does not feel the solar panels could not be placed on the roof. She stated she does not want to vote on the motion unless she knew whether the panels can or cannot be placed on the roof. VOTE: AYES: Edelstein, Spratling, Smith, Rockey NOES: Bergmann 6. APPEAL OF B.A.R. DECISION (Tree Complaint, Moitoza Lane) Director Hanna reported this is an appeal of a B.A.R. decision regarding the cost allocation of certain trees to be either trimmed or removed. The Board determined that property owner should pay 75% of the costs and the neighbors pay the remaining 25%. Mayor Rockey opened the public hearing. TOWN COUNCIL MINUTES #597 SEPTEMBER l, 1982 PAGE 3 Mr. Rufe Soule, representing himself as the future property owner and the present property owners of the trees in question, noted the Board Staff Report and the Property Owners Association recommended the cost of trimming and removal be split 50/50. Mr. Soule then reviewed the Board action in determining the allocation of costs noting there was no basis for their final recommendation. He stated that the property owners whose views will be improved should pay for the work. He then showed Council a picture of the trees in 1955 and noted that no foundations of the complaintants homes had even been broken. Mr. povl Rassrnussen showed Council pictures of his view blockage over the years from his property. He noted the decision of the Board was a compromise and that it is appropriate. Council questioned the approximate cost for the trimming and removal. Mr. Rassmussen stated he would estimate the cost to be between $10,000 and $20,000 depending on how many trees are totally removed. Dr. Hitchen stated the views would not be improved but would be restored. Mr. Jesper Rassmussen stated the neighbors are dealing in good faith as they have paid before for the trimming of these trees and are willing to pay again. He stated the property owner should be required to maintain the trees in the future. Mr. Berticivich showed pictures of the view blockage during the past 20 years. He stated he has lost his view of San Francisco, the Corinthian Yacht Club and boats on the Bay. He then showed two slides of the views from his property. Mr. Soule reviewed the sections of the Tree Ordinance delaing with allocation of costs. He stated he should only be required to pay 50% as the property owner is not disregarding the neighbors views. Mrs. Berticivich reviewed her attempts to resolve the matter with Mrs. Moitoza. Mayor Rockey closed the public hearing. Councilman Spratling stated the main argument in this appeal is the allocation of costs for the removal or trimming of the trees in question. He noted it is interesting that the Homeowners' Association recommended that the costs be split 50/50. The tree ordinance gives the BAR the authority to determine the allocation of costs based on whether there has or has not been disregard by the tree owner of the neighbors view. He stated unless the Council can find that the Board exceeded its authority then the Council should not overturn the Board's decision. Councilman Spratling stated there has been disregard for the neighbors views which falls under section l5-24(c) of the tree ordinance, which allows the Board to allocate costs up to lOO% to the tree owner. Councilman Spratling stated he supports the cost split of 75/25. Councilman Smith stated he supports Councilman Spratling's comments, but also noted there is a problem of maintenance to deal with. Councilman Spratling noted the BAR required maintenance of the trees within reasonable limitations. Mr. Soule stated he would agree on all maintenance if the cost split for the correction of the view blockage was 50/50. MOTION: affirm the decision of the BAR of the 75-25 cost allocation, that the Board consider and make a decision regarding maintenance of the trees. In the event the tree owner and the view holders reach some other agreement then the acition of this Council becomes null and void. Moved: Vote: Spratling, Seconded by Edelstein AYES: Edelstein, Spratlin, Smith Rockey NOES: Bergmann TOWN COUNCIL MINUTES #597 SEPTEMBER l, 1982 PAGE 4 H. BUSINESS 9. ENCROACHMENT INTO TOWN EASEMENT (141 Sugarloaf Drive) Supt. of Public Works Brunini reported that the Town has a 6' deep right of way along Sugarloaf Drive. He stated an overlook and bench could be located within this right of way which would allow for a view comparable or better than the one lost by the encroachment into the Town's present easement. Town Manager Kleinert recommended that this alternative be pursued and that the property owner of l41 Surgarloaf Drive be required to build whatever is necessary. Brunini also noted that on the North side of Place Moulin there is enough open space to place a bench there for a view to the East Bay. Council then discussed the trail system in this area and requested that the Parks and Recreation Commission look at this trail system in an effort to preserve the knoll. Councilman Edelstein requested that the P&R Commission implement a trail plan of all of Tiburon. Council requested that the P&R Chairman attend the next Council meeting and give the Council an update and schedule of the trail plan. ll. SASM PIPELINE PROJECT (Status Report and Final Construction Items) Town Manager Kleinert stated that the paved portion of the multi-use path has been installed to San Rafael Avenue. The portion to the Belvedere Corporation Yard will be paved next week. After the paving of the path the jogging path will be installed. Councilman Edelstein questioned the status of the landscaping and staff responded that the Supt. of Public Works, representatives from the Town's landscaping consultant and representatives from SASM and the contractor are monitoring the mounding and swaling of the landscape areas in the field. Council inquired regarding the status of the park benches and their locations. Brunini advised there is no problem with the locations, however, he does intend to walk the area with a representative from the Parks and Recreation Commission. Council directed Staff to do whatever is necessary to insure that park benches with backs- rests similar to those previously installed be installed by SASM. Kleinert advised he is consulting with SASM's general manager in this regard. l2. COMMISSION AND BOARD MEMBERSHIP REQUIREMENTS (Recommendations by Present Commissions and Boards) There was discussion concerning the possibility of reducing the Commissions and Board memberships from 7 to 5 members. MOTION: that the Planning Commission remain at 7 members and the remaining Commissions and Board be reduced to 5 members and that each Commission and Board be authorized to appoint special ad-hoc advisory committees for certain projects or problems. Moved: Edelstein, seconded by Rockey Vote: AYES: Edelstein, Rockey NOES: Bergmann, Spratling, Smith After further discussion Council determined that the Commissions and Boards should remain at their current membership primarily to insure diversity of opinions and active participation by those who desire to become involved. Staff was directed to have the Town Attorney review the enabling ordinance and resolution and detemine if a condition could be provided for a sliding quorum requirment anytime a commission or board has two or more vacancies. TOWN COUNCIL MINUTES #597 SEPTEMBER l, 1982 PAGE 5 MOTION: Moved: Vote: appoint Jeffrey Schaub to fill one vacancy on the BAR Rockey, Seconded by Spratling Unanimous 13. LEAUGE OF CALIFORNIA CITIES ANNUAL CONFERENCE (Designation of Voting Delegate) Council designated Councilman Bergmann as the Town's voting delegate to the conference. I. COMMUNICATION, STAFF AND TOWN MANAGER REPORTS Councilman Bergmann execused hereself from the meeting at ll:35 PM. l4. WAIVER OF B.A.R. FILING FEES (Staff Recommendation Regarding O'Connor Tree Complaint) Town Manager Kleinert requested Council's consideration of waving the BAR filing fee for the O'Connor tree complaint which has been submitted to the BAR for action. This tree matter was previously reviewed by the BAR and then appealed to the Town Council. Council took action on March l7, 1982, and this action has been determined as final and complete by Town Staff. Mr. O'Connor presented his background of the original complaint and action by the Town Council. He is now requesting the Town to establish maintenance standards regarding trimming of the trees and shrubbery at lOl Howard Drive. Mr. O'Connor asked for waiver of the possible appeal fees from any BAR decision. Mr. Bergmann stated that he is opposed to the waiver of any application fees in this regard and to the fact that this matter is being resubmitted for the Town's consideration. He stated that he has complied with all of the requirements imposed by the Town Council and yet this does not seem to satisfy Mr. O'Connor and he is forced to attend more meetings on this matter. Councilman Edelstein stated that maintenance was implied in the previous deliberations concerning this matter and he recognizes that establishing a specific standard is apparently a problem, however, he regrets that his previous motion was not more clear in this regard. MOTION: that the Council waive the BAR filing fee for this new tree complaint application. Moved: Edelstein, Seconded by Spratling Mayor Rockey stated that the matter of appeal fees is not an issue at this time and any consideration of this is premature. Vote: AYES: Unanimous ABSENT:Bergmann Mr. O'Connor stated he does not want to leave the maintenance to chance and it is essential for the BAR or Council to set paramiters for the maintenance. l5. CONSTITUTION WEEK PROCLAMATION 16. UNITED WAY'S 1982 CAMPAIGN PROCLAMATION Council reaffirmed their pOlicy that proclamations and resolutions that do not pertain specifically to local community programs and activities should not be acted upon by the Town Council. Therefore, Council only approved United Way's 1982 Campaign proclamation as it is of major community interest and involvement. Town Engineer Bala requested authorization to award the contract for the Alcatraz Avenue soils investigation. He noted TOWN COUNCIL MINUTES #597 SEPTEMBER l, 1982 PAGE 6 he received proposals from R.C. Harlan, Harding Lawson and Converse-Ward. Staff recommended acceptance of the R.C. Harlan proposal for these services. MOTION: to support Staff's recommendation and award the proposal to R.C. Harlan and Associates Moved: Vote: Spratling, Seconded by Smith AYES: Unanimous Town Engineer Bala requested clarification of the Town Council's action regarding the widening of Paradise Drive in conjunction with the SP downtown development. Council stated that Paradise Drive is to be 30' wide overall which includes two (2) 5' wide bike paths. J . ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Rockey adjourned the meeting at l2:00 midnight, Wednesday, September 1, 1982, sine die. ~~ DENNIS ROCKEY, MAYOR Town of Tiburon ATTEST: R. L~~GER/CLERK TOWN COUNCIL MINUTES #597 SEPTEMBER l, 1982 PAGE 7