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HomeMy WebLinkAboutTC Min 1981 CORRECTED MINUTES TOWN COUNCIL CALL TO ORDER Mayor Bass called the regular meeting of the Town Council of the Town of Tiburon to order at 7:30 PM, Wendesday, January 7, 1981, in the Town Manager's Office, Town Hall, Tiburon, CA. I. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Hanson, Rockey, Bass EX-OFFICIO: Town Manager Kleinert, Deputy Town Attorney Ragghianti, Chief of Police Bailey ABSENT: COUNCILMEMBER: Bergsund EXECUTIVE SESSION Mayor Bass adjourned the meeting to Executive Session at 7:35 PM for the purpose of discussing current and pending litigation. REGULAR MEETING Mayor Bass reconvened the regular business session of the Town Council of the Town of Tiburon at 8:15 PM, in the Town Council Chambers, Reed School, Room 9, Tiburon, CA. PRESENT: EX-OFFICIO: Town Engineer Bala, Supt. of Public Works Brunini, Director of Community Development Hanna, Minute Clerk Stultz COUNCILMEMBER: Bergsund (9:40 PM) II. APPROVAL OF MINUTES #548 - December 3, 1980 Page 6, Paragraph 4, correct spelling of couplas to cupulas. Page 6, Paragraph 1, change first sentence to read "Councilman Edelstein stated the home may be the smallest in the development but the designer has ended up with one of the longest, flattest facades, and stated it would not take such major revisions as were suggested by the BAR to change the facade." Page 6, Paragraph 2, delete first two sentences. Page 6, Paragraph 4, add to last sentence "but that he would be willing to work with the Board along the lines suggested". Page 6, MOTION: etc, along lines to be suggested by the applicant's designer and within the present general configuration. MOTION: Moved: Vote: approve minutes #548 as amended Rockey, Seconded by Edelstein AYES: Edelstein, Hanson, Rockey, Bass ABSENT: Bergsund III. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS 1. Lands & Development Committee Report (Status of RBLP South of the Knoll Working Drawings) Councilman Edelstein reported the Lands & Development Committee, Town Staff and David Heldt. consultant for RBLP South of the Knol~met and reviewed the scope of work and ascertainec the scope of services are in order. IV. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES Mayor Bass recommended the nomination of the following to the Main Street Citizens Advisory Committee: Al Kuhn, Chairman; George Gnoss, Vice-Chairman; David Kirchhoff, Kay Flowers, Ed Rice, Bennett Wren, Tom Belton, Lou Sabella, Francis Ingall, TOWN COUNCIL MINUTES #549 ,TANTTARV 7. 1 qR 1 p z~.r~ 1<' n 1\ T 1<' Dr. George Sugarman and Mel Ronnick and Thelma McCune MOTION: to appointed the above persons to the Main Street Advisory Committee Moved: Vote: Rockey, Seconded by Hanson AYES: Edelstein, Hanson, Rockey, Bass ABSENT: Bergsund Council directed Staff to contact the committee appointees by letter and advise them of their appointment and the charge of the committee. Mayor Bass stated hopefully the Committee could report back to the Council in March 1981. V. PUBLIC QUESTIONS AND COMMENTS Town Manager Kleinert introduced Ms. Lynn Sedway who has prepared a proposal for a joint Housing Element update with Corte Madera, Larkspur and Mill Valley. Ms. Sedway reported the Larkspur City Council approved the proposal this evening and the Mill Valley Council has delayed a decision for two weeks. Councilman Hanson asked if Mill Valley does not go along with the Proposal, would Tiburon's cost be increased. Ms. Sedway stated Tiburon's share would be slightly increased. VI. CONSENT CALENDAR Council asked that Item 18 and 19 be moved to the Consent Calendar. Councilman Edelstein asked that in regard to #2 (POLICE REPORT) that a statistical report be done of accidents at Tiburon Blvd. intersections. Councilman Edelstein also questioned if the BAR has approved the trash cans to be purchased with out litter control grant. Supt. of Public Works Brunini stated the BAR approved that the same kind of receptical on the bicycle path be used. MOTION: approve the consent calendar consisting of: 2. POLICE REPORT (November/December 1980) 3. FINANCE REPORT (November 1980) 4. AUTHORIZATION TO ADVERTIZE FOR BIDS (Tiburon Drainage Stage II) 5. STATE SOLID WASTE MA~AGEMENT BOARD 1980-81 GRANT APPLICATION (Resolution #1126) 6. OFFER OF DEDICATION LITTMAN PROPERTY (Acceptance of Pedestrian Easement, Resolution #1127, 1128) 7. RECOGNITION OF TOWN SERVICE (Sergeant Steven Denney 1972-1981, Resolution #1129) 18. FAU FIVE-YEAR PROGRAM (Approval of Projects commencing 1981-1982, Resolution #1130) 19. CURB & GUTTER INSTALLATION (23 Venus Court - Drainage Problem) Moved: Vote: Rockey, Seconded by Hanson AYES: Edelstein, Hanson, Rockey, Bass ABSENT: Bergsund VII. PUBLIC HEARINGS 8. HARBOR CARRIER'S FERRY FARE INCREASE (Consultant's Report and Committee Recommendations) Town Manager Kleinert reported that in July 1980 the Town Council considered the PUC application for a rate increase by Harbor Carriers. This rate increase amounted to 39% on a commuter book of tickets. After consideratio~this matter was remanded to the Council's Public Services Committee (Rockey/Bergsund). In August the Town submitted a formal protest to the PUC based on lack of complete and accurate statistical information, and the adverse impact to the Town if the increase was granted. The Public Services Committee requested permission to retain a professional financial consultant to analyze the Crowley Maritime records and evaluate the application. The financial consultant has completed his investigation and the Committee is now submitting their report and recommendations. Also working with the Public Services Committee on this matter was CLOUT, City of Belvedere, Marin/Sonoma Commuters and Friends of the Ferry. This report has been submitted to Harbor Carriers and Councilman Rockey and Town Manager Kleinert m~with their legal counsel regarding the report. Harbor Carrier's counsel found the recommendations to be generally acceptable in principle. Town Manager Kleinert introduced Mr. Richard Puntillo, the financial consultant retained by the Town. TOWN COUNCIL MINUTES #549 JANUARY 7, 1981 PAGE TWO Mr. Puntillo stated his purpose was to review the Crowley Maritime accounting system, analyze it and come up with recommendations. Mr. Puntillo stated the 39% increase is quite reasonable as ridership was down 3% in 1979 and down 9% in 1980, while the cost of operations were up dramatically. Mr. Puntillo stated Crowleys tour operations were also declining, but the Tiburon / San Francisco commute run is Crowley's largest loss in terms of dollars. Councilman Edelstein suggested the Committee further investigate re- aportionment of the increase with the non-regulated runs to achieve the same end result. Mr. Hegarty, Crowley Maritime counsel, stated the cost of tour runs have increased each year for the past three years and those increases approximately total the increase being requested. Mrs. Polly Smith stated she supports Councilman Edelstein's suggestion and suggested the Consumer Advocate Group be asked to work with the Town on this matter. Council directed the Public Services Committee to further investigate the reaporitionment of fares and report back at the next regular meeting. 9. ESTABLISH NEW ZONING DISTRICT (RPD-4, Ordinance 2nd Reading) Director of Community Development Hanna stated this item is on for second reading for adoption of a new zoning district with a density range of 1 unit per 2 gross acres to 1 unit per 10 gross acres. Mayor Bass opened the public hearing. Being no response Mayor Bass closed the public hearing. Councilman Rockey questioned if the ordinance is passed tonight, it would take effect in 30 days, and would this effect the consideration of th( La Cresta master plan. Deputy Town Attorney Ragghianti stated he did not think it would have any adverse effects. Moved: Vote: adopt seoond reading of the ordinance creating an RPD-4 zoning district (#236 N.S.) Edelstein, Seconded by Rockey AYES: Edelstein, Hanson, Rockey, Bass ABSENT: Bergsund MOTION: 10. PREZONING (La Cresta Project, Via Los Altos, Ordinance 2nd Reading) Director of Community Development Hanna stated this matter is on for second reading of the ordinance prezoning the La Cresta property RPD-4. This zoning would allow for a maximum density of 43 units and a minimum of 8 units. Mayor Bass opened the public hearing. Mrs. Polly Smith questioned why the density of the project is higher than that proposed in the Strawberry Plan. Mayor Bass stated there have been a number of hearings in which the desnity has been reviewed, and given the circulation, configuration, open space dedication and the concern of housing, the Town does not have the same concerns as the Strawberry Plan. Director Hanna also stated the property does not have the archeological sites as the Ring Mountain property has. The Town feels that the denisty was justified and that this would be discussed further under the next item. MOTION: adopt second reading of the ordinance pre zoning the La Cresta property RPD-4 (#237 N.S.) Moved: Vote: Rockey, Seconded by Edelstein AYES: Edelstein, Hanson, Rockey, Bass ABSENT: Bergsund 11. MASTER PLAN (La Cresta, Via Los Altos, Ordinance 2nd reading) Director of Community Development Hanna stated this matter is for Master Plan approval for the~La Cresta project which is not presently in the Town limits. Following master plan approval annexation proceedings will be initiated. This master plan is for the development of. 87 acres with a total of 29 units. Director Hanna stated at the first hearing of thE master plan, Council considered the moderate income housing in-lieu fee. The applicant has proposed to fulfill this condition by providing fees for four units at $55,000 per unit. The applicant would pay for two units at final map approval and the other two units in annual installments with a 10% inflation factor. Director Hanna stated the Strawberry Plan suggested 22 units on this property, but they did not have the benefit TOWN COUNCIL MINUTES #549 JANUARY 7, 1981 PAGE THREE of extensive soils reports done for this pr9ject. The property does not share many of the unique features of the ad~hcent Ring Mountain property. This project would gain its major access from Blackfield Road, no rare or endangered plant or animal species appear on the property and it does not appear that any archeological sites are located on the site. Mayor Bass opened the public hearing. Councilman Hanson asked for clarification of Mr. Jampolsky's letter regarding Sky Road. Director Hanna stated Sky Road presently serves 4-5 units and Mr. Jampolsky is referring to his proposal to develop some units on this property and will have Sky Road end in a cul-de-sac. He wants assurance that the Town will not have access through Sky Road to the La Cresta project. Director Hanna stated the applicant is proposing two easements which could extend to the Jampolsky property. Mayor Bass closed the public hearing. Councilman Edelstein questioned condition #14 of the ordinance which states the Town may' reduce the density based on findings or conditions. Council- man Edelstein felt the wording is rather loose and suggested the findings or conditions be clarified. Mr. Tom Newton, representing the applicant, stated the applicant does agree to this condition as worded. Councilman Edelstein suggested passing second reading of the ordinance with the condition the exact wording that would clarify these findings be brought back for action in the form of a resolution. Condition 14 was revised to read, "The Town may reduce the density of the project during consideratiol of the Precise Plan, and the guidelines for determining whether to reduce the density shall further be adopted by the Town Council by Resolution. " MOTION: pass second of the ordinance approving the La Cresta master plan as amended (#238 N.S.) Moved: Vote: Edelstein, Seconded by Hanson AYES: Edelstein, Hanson, Rockey, Bass ABSTAIN: Bergsund (late arrival) MOTION: adopt resolution making application to LAFCo to request annexation of the La Cresta property Moved: Vote: Hanson, AYES: Seconded by Rockey Unanimous Director Hanna stated though the Town is initiating annexation, the applicant will handle the costs of annexation. Mayor Bass called for a recess at 9:40 PM and reconvened the meeting at 9:55 PM. 12. CERTIFY FINAL E.I.R. (Del Madera and Agins Master Plans) Director of Community Development Hanna stated this is the certificatic of the final E.I.R. and not master plan review. The Planning Commission has reviewed the EIR and recommends certification by the Town Council. Director Hanna stated letters have been received from the Roundhill/ Rolling Hills Road POA and the Mt. Tiburon POA regarding the EIR and the extension of Roundhill Road to serve the project. Director Hanna stated the matter of extending Roundhill Road will be solved at the Master Plan stage. Mayor Bass opened the public hearing. Mrs. Thelma McCune, President Rolling Hill/Roundhill Road POA, expressed her Associations' concern over an extension of Roundhill Road to serve the proposed projects. Mr. Bruce Moody stated he feels Roundhill Road is at its absolute capacity as it serves Mt. Tiburon and Smith Ridge. Mr. Bob Samulson, President Mt. Tiburon POA, expressed his concerns over the amount of open space that would be left if Roundhill was extended up as an arterial road or if Roundhill was extended into Gilmartin Drive rather than Gilmartin extended straight up. Mr. Samulson stated access to the open space in case of fire is a question and if Gilmartin was cut as an arterial road through the open space the cut would serve as a useful fire break. Mr. Samulson stated his concern that many children use Roundhill as an ingress and egress route to Reed School and stated he felt more traffic on Roundhill would be hazardous. Mr. Samulson also addressed his concern over security if Roundhill was extended into Gilmartin and stated circulation would be less circuitous if Gilmartin was extended to the project. Martha McCart, representing the applicants, stated she feels the EIR is adequate and that it should be certified. Mayor Bass closed the public hearing. Mr. Richard Harris, EIR consultant, stated in his opinion the issue of extending Roundhill Road was addressed at length in the EIR and referred the Council to page 175 where alternative means of aGcess have been acknowledged and stated he does not feel anything more could be added. Moved: Vote: certify the Final EIR as complete and the minutes and letters be an attachment to the EIR Bergsund, Seconded by Hanson AYES: Unanimous MOTION: 13. PRECISE PLAN & TENATIVE MAP (Cibrian, Paradise Drive & Taylor Road, Resolution) Director of Community Development Hanna stated the Planning Commission has reviewed the precise plan and recommends approval by the Town Council. The applicant has modified the lot lines from the original master plan and Staff believes the modifications are appropriate. The applicant has further defined the building envelopes and has reduced them somewhat. The Planning Commission considered the offer of dedication of open space, and the applicant will offer to the Town an area above the project for dedication and an area that .will be dedicated as an easement. The number of units approved in the Master Plan was II with 7 to be built upon now and 4 to be built upon when a future alternative access route becmmes available. Director Hanna stated a matter the Council discussed during the Master Plan was the realignment of Taylor Road and the improvement of the Taylor Road/Paradise Drive intersection. The applicant has indicated on the precise plan map that the intersection will be modified and Taylor Road will be realigned to make it a lesser grade. The Planning Commission also discussed the possibility of driveways being combined to reduce the amount of grading and excavation. Councilman Edelstein questioned if the roadway configuration is satis- factory. Town Engineer Bala stated it was. Councibrem Bergsund asked if the existing pedestrian trail that runs along the proposed open space area would remain. Director Hanna stated there would be no change. Mayor Bass opened the public hearing. Mr. Bob Alfred, Paradise Drive, requested Council not consider moving Taylor Road. From his personal standpoint to change the road location would create a hazard to him in trying to get out of his driveway onto Paradise Drive, it will also appear that his driveway is an extension of Taylor Road and motorists may try to enter his driveway, and this would be an adverse impact on his personal life and the value of his property. Mr. Alfred also stated the proposed change of the road will invite speeding. Mr. Alfred stated there is a bus stop for children at the bottom of Taylor Road and it is the only safe place where children could stand, and would be eliminated by the proposed changes. Mrs. Polly Smith expressed her concern over the possible loss of water pressure in an area already with inadequate water pressure. Mr. Smith stated the problem is due to a narrow pipeline and the fact there is no water tank at the top of the hill so water must be pumped uphill. Mrs. Smith stated the four lots not to be built upon should be lots above the 200' level. Town Engineer Bala sta~ed any subdivision is required to provide proper water supply by MMWD, and the Town has to have assurance in writing prior to approving the final map. Ms. Susan Haylor, representing the owners of 30 Bond Lane, expressed the concern of water pressure. Mr. Malone stated currently the noise from Taylor Road is disturbing and the proposed intersection would be quite close to his house and this would decrease the value of his property and be a nuisance to his family. Mrs. Smith stated she supports leaving Taylor Road as it is. ~f"\r.TI\T r' (,)TTl\Jr' T T I\Jf Tl\TTTmlO' C" JL c: II n Councilman Hanson expressed his concern that during the Master Plan hearings neighbors were concerned with the traffic and requested Taylor Road be improved, now the opposite is being asked. Councilman Edelstein noted thatthe letter from MMWD states the improvements the applicant will be required to make will restore pressure to the same level as it was before the project was built, and suggested a cooperative solution be sought to help improve the pressure. Councilman Rockey suggested the possibility of an assessment district. Polly Smith stated she does not feel the neighborhood would be willing to participate in an assessment district. Town Engineer Bala stated if additional pressure is provided the pipes in the area would blow. f:.pf1AC~Afr'/iN ~ft,.c,4SNW p;tNM/ ,kNV AbN*#;€/ JlAk#~N .4f/ ~ /~f' JrMM~/ .MAd/MP,41AI;6N A44t~/ ~ M# ~,/idcf AUtkM/vtJ/ ;tJ/=/ #NAC#/J/ M/ /.3A€1 MJJAtI ;fA.W ;V#y' ~# t91AW ;1,Ay' ;f:):I ~# ~ Ail! .fllAW AA-P~I./ COUJ:lcilman Bercrsrmd stateddIthe additiondoftconrrete atttbe..TaYlor Rd. inte sectlbYi"'ag an-'a:I'l::ernauvet1:'--realignrrenE -was scussea, an 1 was sugges eo MV1WfnSe con taE5Wn~ lfu1rn ~e ~Ef:iEfiAo~~t~ g~ ~xmb:ff'I"Q~, PfEs~~:id-hriliis fffibe identified in the resolution by sheet number and last revision date. Council requested that an additional condition be added stating all retaining wal~shall be pour~textured, colored concrete, and that condition #10 be clarified to identify the Paradise Drive/Trestle Glen interesection as the area to be improved by the applicant. This item was continued to the next regular meeting so the above concerns could be addressed. 14. AMENDMENT TO MASTER & PRECISE PLAN (Living Foods, 80 Main Street, Resolution) Director of Community Development Hanna stated the applicant is requesting a modification to his Master & Precise Plan to allow for a pass through window and one table outside and to serve sandwiches, salads and juices. The Planning Commission has reviewed this application and recommends approval by the Town Council. Mayor Bass opened the public hearing, Being no response Mayor Bass closed the public hearing. MOTION: Moved: Vote: read by title only Hanson, Seconded by Rockey AYES: Unanimous Mayor Bass read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A MASTER PLAN FOR 80 MAIN STREET" MOTION: .... Moved: approve first reading Bergsund, Seconded by Rockey Councilman Bergsund requested that the applicant provide the same table as the Chocolatiers. Councilman Rockey requested a condition be added providing that the applicant provide trash recepticals. Vote: AYES: Edelstein, Bergsund, Hanson,;Rockey, Bass 15. AMEND, PRECISE PLAN & FINAL SUBDIVISION MAP (Avenida Miraflores, Unit II, Lots 10 & 22, Resolutions) Director of Community Development Hanna stated the applicant is requpsting a variance to the maximum height of the building envelope to aJd an additional five feet. The requested elevation would be 335' which is equal to the maximum roof ridge height permitted on the aQj~ent envelope. Director Hanna stated it is the applicant's p6sition that because of soils conditions it is impossible to keep: 'wi thin the lower envelope. Councilman Edelstein stated it would be difficult to review this application without more information in terms of building design. Mr. Ramon Zambrano, representing the applicann, stated the present building envelope is in a rather steep upslope location and he has had several problems trying to get up to the garage which results in retaining walls in excess of 12'. In addition there is a landslide area on the lot that limits the depth the house can be lowered. The adjacent lot envelope follows the same contour as being proposed. Mr. Zambrano stated the building is not large, approximately 3,000 sq.ft., and the garage would still end up being pushed into the hill. TOWN COUNCIL MINUTES #549 JANUARY 7, 1981 PAGE SIX Council requested the applicant to return at the next regular meeting with additional information. The Council then discussed lot #22. After discussion it was the concensus of the Council that the modification was appropriate. Moved: Vote: approve resolution amending the precise plan and subdivision map for lot #22 Hanson, Seconded by Bergsund AYES: Unanimous MOTION: 16. SOUTHERN MARIN RESIDENTIAL REVIEW BOARD Council requested Staff to determine if it is appropriate to discontinue this item and take. no action. VIII. BUSINESS 17. SANITARY DISTRICT #5 TREATMENT PLAN EXPANSION (Request for Easement From Town) Town Manager Kleinert reviewed the easement the Sanitary District is requesting from the Town to expand the plant and bring it up to Federal requirement. Town Manager Kleinert noted the District is also requesting temporary access on the hillside adjacent to the plant to repair landslide areas. The property the District is requesting is presently owned by Southern Pacific, which is to be dedicated to the Town as open space. Town Manager Kleinert stated the two agencies have worked together in the past and that he does not feel the 40' easement will impact the Town. The District is willing to work with the Town to provide reclaimed water for irrigation when their water quality is up to standards. Mr. Naber, Plant Manager, stated the plant will be totally enclosed and odor and noise should be eliminated. Town Engineer Bala pointed out the~parking, as proposed! is mainly on a Town street and could not be reserved for District employees. Councilman Edelstein suggested extending the easement to the left to create off street parking. Council questioned District representatives as to what their position uould be if the Town did not grant the easement. Mr. Nabor stated condemnation. Town Manager Kleinert stated any costs of condemnation proceedings would be passed off in sewer fees. Councilman Hanson Gu~gested the District work with Southern Pacific to insure there would not have to be condemnation. Councilman Bergsund requested a condition of granting the easement be that the District will provide reclaimed irrigation water when available. ~.10'I'ION : approve staff recommednations A, B, C, D and that the Town Manager, District, and Town Attorney prepare the necessary documents and address reclaimed water use" the waiver of hook-up charges and fees, and the easement line to the left be flexible so it could extend to allow off street parking that would not require/fif~aining walls, Hanson, Seconded by Bergsund AYES: Unanimous Moved: Vote: 21. HOUSING ELEMENT UPDATE (Recommendations for Selection of Consultant to prepare mandated revisions) Director of Community Development Hanna staEed that State law required that the Town Housing Element be updated. A joint venture with Mill Valley, Corte Madera,~Larkspur and Tiburon has been presented. and Staff recommends that Lynn Sedway and Associates be retained to do the Town's Housing Element revisions. Director Hanna stated if the Council does not feel the joint approach is appropriate, John Roberto has prepared a proposal for Tiburon and perhaps Belvedere could be included. TOWN COUNCIL MINUTES #549 JANUARY 7, 1981 PAGE SEVEN Mayor Bass stated his major concern with an outside consultant preparing the Town's Housing Element is lack of understanding of the unique character of the Town. Councilman Hanson suggested this matter be remanded to the Lands and Development Committee to work with Staff to pursue the Town's own consultant and that Belvedere could be included if they pay their proportionate share. x. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mayor Bass adjourned the meeting at 12:30 AM, Thursday, January 8, 1981, sine die. --... ATTEST: &/~~ R.L. KLEINERT, TOWN MANAGER/CLERK' TOWN COUNCIL MINUTES #549 JANUARY 7, 1981 PAGE EIGHT CORRECTED MINUTES TOWN COUNCIL CALL TO ORDER Mayor Bass called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 PM, Wednesday, January 21, 1981, in the Town Council Chambers, Reed School, Room 9, Tiburon, CA. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Hanson, Rockey, Bass EX-OFFICIO: Town Manager Kleinert, Town Attorney Conn, Town Engineer Bala (8:10), Director of Community Development Hanna, Supt. of Public Works Brunini, Chief of Police Bailey, Minute Clerk Stultz A. APPROVAL OF MINUTES #549, January 7, 1981 Page 2, Page 2, Page 3, Page 4, Page 6, Page 6, Item 8, line 15, change me to met 1st paragraph, add Thelma McCune-to Citizens Advisory Committee Item 10, 2nd paragraph, last sentence change to read liThe Town feels that the density was justified and that this would be discussed further under the next agenda item." Item II, MOTION: after Bergsund Abstained add (late arrival) 2nd paragraph change blow to burst 2nd paragraph change last sentence to read "Councilman Bergsund stated the addition of concrete at the Taylor Road intersection as an alternative to realignment was discussed, and it was suggested MMWD be contacted to see what their long term plan is to improve pressure in this area." 3rd paragraph, change pour to poured Item 17, Motion: insert high between retaining and walls. Page 6, Page 7, MOTION: Moved: Vote: approve minutes #549 as amended Bergsund, Seconded by Rockey AYES: Unanimous C. TO~1N COUNCIL, COMMISSION & COMMITTEE ORAL REPORTS 1. PUBLIC SERVICES COMMITTEE (SASM Pipeline Negotiations) Councilman Bergsund reported SASM has retained Mr. Morgan Noble to evaluate the shoreline protection required. SASM representatives and Town Staff have reviewed the report and it is agreeable to both parties. SASM will restore and be responsible to maintain the area from the boat house to past the Belvedere Tennis Courts and the area near South of the Knoll. This restoration work would .begin inrnediately. The area along McKegney Green and infront of the Treatment Plan will be restored partially. Supt. of Public Works Brunini stated the Town Engineer recommends the smallest stones be 12-14" and Mr. Noble has agreed. Town Manager Kleinert stated the Noble report indicates that more shoreline protection work is required than anticipated and this additional amount of work will delay the project timing. Councilman Bergsund stated att:he regular Council meeting of February 4, 1981, Council should be taking final action on this matter. 2. LANDS & DEVELOPMENT COMMITTEE (Status of Consultant to Revise Housing Element) Councilman Edelstein stated the Council has received a report from the Lands and Development which evaluated the four proposals to revise the Town's Housing Element. Councilman Edelstein recommended the- decision of which consultant will be hired to do the revisions be postponed until Wednesday, January 28, 1981 at 6:15 PM. Council concurred. Councilman Bergsund reported that curb-side pick up of recyclables is ready to begin during the first week in Febraury. TOWN COUNCIL MINUTES #550 JANUARY 21, 1981 PAGE ONE D. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES Mayor Bass reported that Kay Flowers has submitted her resignation from the Parks and Recreation Commission, and commended her for her dedication and service on this Commission. Mayor Bass recommended the nomination of David Suddendorf to the Parks and Recreation Commission. MOTION: Moved: Vote: appoint David Suddendorf to the Parks and Recreation Commission Rockey, Seconded by Bergsund AYES: Unanimous Councilman Edelstein reported the resignation of Nick Forell from the Planning Commission, and stated Mr. Forell has been a very valuable asset to this Commission and will be missed. E. PUBLIC QUESTIONS AND COMMENTS There were none at this time. F. CONSENT CALENDAR Council requested that Item 7 and 15 be moved to the Consent Calendar. Council requested the section of Item 4 (Traffic Safety Committee Report) dealing with the Main Street Properties parking lot be removed for discussion. Councilman Edelstein requested the Chief of Police to report back on how many of the accidents along Tiburon Boulevard were injury accidents. MOTION: approve the consent calendar as amended, consisting of 3. FINANCE REPORT (December 1980) 4. TRAFFIC SAFETY COMMITTEE (January 1981) 5. ANNUAL POLICE DEPARTMENT STATISTICAL REPORT (1980) 6. MAJOR CRIMES TASK FORCE JPA (Second Amendment, Resolution #1132) 7. LA CRESTA PROJECT (Conditions relating to Density at Precise Plan, Resolution, Continued to 2/4/81) 15. WORKER'S COMPENSATION INSURANCE (Review of Tiburon's Self-Insurance Program for Past 3 Years) Rockey, Seconded by Bergsund AYES: Unanimous Moved: Vote: G. PUBLIC HEARINGS 8. PRECISE PLAN & TENTATIVE MAP (Cibrian, Paradise Drive & Taylor Road, Resolution) Director of Community Development Hanna reviewed the Precise Plan and Tentative Map application for the creation of 11 lots off Taylor Road with seven to be built upon now and four at a later date when an alternative access route is provided. Director Hanna stated at the last meeting the main concern discussed was the realignment of Taylor Road and the poor water pressure in the area. The Town has received a letter from the North Tiburon POA stating a poll was taken and of the 17 homeowners polled, 13 did not favor the realignment of Taylor Road. Director Hanna stated a de-acceleration lane should be installed if the realignment is not approved. Councilman Rockey reported in a conversation with Mr. Ron Theisen of the Marin Water District, Mr. Theisen stated MMWD looks at improvements to their facilities as each development comes in, they do not deal with water service on a long term basis. Mr. Theisen did state if a build out plan of the area was submitted to the District, they could look at alternative means of supplying better water service to this area. Councilman Rockey 3uggested the Town pursue a joint meeting with MMWD, Town Planning Staff, Council representatives, Homeowners and any other interested parties to review the alternative plans that could be developed to improve water service in the Taylor Road area. Mr. Theisen also stated enlarging the pipes as required by MMWD will not improve the already poor water pressure in the Taylor Road area and that homes in the Cibrian development above 200' will have to sign substandard water pressure agreements. TOWN COUNCIL MINUTES #550 JANUARY 2l, 1981 PAGE TWO Mayor Bass opened the public hearing. Town Engineer Bala stated. in a recently received letter from the General Manager of MMWD hestates{that homes with insufficient water pressure should have individual electric pumps installed. It should be understood that what~y~t is proposed does not provide fire protection. Fire protection could not be provided until a tank is built above Taylor Road. Mr. Abbass Bazgar, applicant, expressed his concern over the amount of time this project has been in the planning stages and urged the Council to approve the Precise Plan and Tentative Map. Mrs. Polly Smith stated her concerns over the water pressure and stated that MMWD does have a capital improvement program and that more pressure should be put on them to improve the water service in this area. Councilman Edelstein addressed the concern of fire protection. Mr. David Coleman, architect, stated in a letter from Captain Dan Barber the developer will be required to provide a minimum of three fire hydrants on an 8" fire main, structures 6 through 10 shall be required to have installed automatic fire sprinklers and all structures shall have fire resistant roofs. Councilman Edelstein questioned the effectivness of automatic fire spinklers if water pressure is poor to begin with and did not feel electric pumps would resolve the matter of fire protection. Mr. Molone stated he prefers leaving Taylor Road in its present configuration with the concrete overlay as suggested by the Town Engineer. Councilman Edelstein questioned the Town Engineer if it could be possible to steepen Taylor Road on the upper portion to provide a gentler slope at the intersection. Town Engineer Bala stated he would not recommend steepening Taylor Road as in his opinion the flattest you could get Taylor Road at the intersection would be 8%, which is steeper than Waldo Grade. Mr. Werheimer stated another consideration would be placing a stop sign at the Taylor Road/Paradise intersection to slow traffic in this area. Being no further response, Mayor Bass closed the public hearing. Council discussed conditioning the precise plan to require that the seven lots to be built upon not be above, the 200' elevation because of the water pressure and fire protection problems. Mr. Bazgar objected to this proposed condition stating at the Master Plan four lots were not to be built upon because of the traffic impacts, and that he may merge some of the lots together. Councilman Edelstein suggested the precise plan and tentative map approval be considered separately in light of the fire and water problems. Council concurred. MOTION: approve the resolution approving the Precise Plan subject to the following amendments: 1. That the alignment of Taylor Road not be changed and that Taylor Road be covered with non-skid concrete as approved by the Town Engineer. Other improvements to the intersection shall be made as required by the Town Engineer. 2. The problems with regard to fire protection and water pressure be resolved prior to approval of the tentative map. Cooperative meetings with the Water District and other concerned parties should be initiated. 3. The four lots which will not be developed will be designated at the time of Tentative Map review. If the fire and .water concerns are not resolved the Town Council will seriously review the homes above the 200' elevation. Moved: Vote: Edelstein, Seconded by Rockey AYES: Edelstein, Bergsund, Rockey, Bass NOES: Hanson 9. MASTER AND PRECISE PLAN AMENDMENT (Living Foods, 80 Main Street, Ordinance 2nd reading, Resolution) TOWN COUNCIL MINUTES #550 JANUARY 21, 1981 PAGE THREE Mayor Bass opened the public hearing. Mr. Michael Bernstein, applicant, was present to answer any questions. Being no response, Mayor Bass closed the public hearing. Council amended condition I of the Ordinance to read "One table shall be permitted in front of the store. In the event it is determined by the Town that the table is interferring with pedestrian traffic, causing unacceptable noise! or as otherwise objectionable to the Town for any reasons, the table may be removed, or additional conditions may be imposed." Council deleted condition 2 of the Ordinance. Council amended condition I of the resolution to read "One table, similar in size....." Council amended condition 5 of the ordinance and resolution to read "No entertainment or amplified sound shall be permitted. II ~WTION : Moved: Vote: pass second reading of the ordinance as amended Bergsund, Seconded by Hanson AYES: Edelstein, Bergsund, Hanson, Rockey, Bass MOTION: Moved: Vote: approve the resolution as amended Rockey Seconded by Hanson AYES: Unanimous 10. AMEND PRECISE PLAN AND FINAL SUBDIVISION MAP (Avenida Miraflores Unit II, Lot 10, Resolution) Mayor Bass opened the public hearing. Mr. Raymond Zambrano, applicant's architect, displayed sketches of the proposed building depicting the exterior design and elevations. Mr. Zambrano stated as the building is designed,.it would only be using approximately one-half of the variance requested. Councilman Edelstein expressed his concern with the greenhouse being upslope and the possibility of light glare. MOTION: Moved: Vote: approve the resolution Rockey, Seconded by Hanson AYES: Unanimous 11. HARBOR CARRIERS FERRY FARE INCREASE (Public Service Committee's Final Report and Recommendations) Councilman Rockey reported the Public Services Committee has finalized the Memorandum of Understanding between Harbor Carriers and the Town. The Public Services Committee has also drawn up another Memorandum to the Public Utilities Commission outlining additional recommendations the Town would like the PUC to consider, but which Harbor Carriers has not agreed to. These documents will be submitted to the PUC on January 26, 1981. Council deleted paragraph 1 of the Memorandum of Understanding and put in its place "Subject to the terms and conditions of this Memorandum of Understanding, the Town of Tiburon does hereby withdraw its protest as previously filed, effective January 26, 1981, and supports Harbor Carriers application for a rate increase". Council requested that condition 6 read Federal and State grants... Town Manager Kleinert stated most protestants feel no need for a public hearing on January 28th and Judge Meaney has indicated that during the PUC hearing on January 26th he will evaluate the necessity for the public hearing January 28th at Del Mar School. The Town Council expressed their desire for the January 28th public hearing to be held. Moved: Vote: approve the Memorandum of Understanding and Additional Recommendations for PUC Consideration, as amended Edelstein, Seconded by Hanson AYES: Unanimous MOTION: H. BUSINESS TOWN COUNCIL MINUTES #550 JANUARY 21, 1981 PAGE FOUR 12. ZONING ORDINANCE REVISIONS (Consider Updating and Clarification of Ordinance No.9 N.S.) Town Manager Kleinert stated what is being asked is permission for the Town Staff to solicit bids for updating and modifying the Town's zoning ordinance and then Staff will return to the Counicl with its recommendations for a consultant to do the work. Mayor Bass requested that substantial changes be clearly delineated from grammatical or language changes. MOTION: Moved: Vote: approve staff recommendations Rockey, Seconded by Bergsund AYES: Unanimous 13. MAIN STREET PROPERTIES PARKING LOT (Review and Recommendations relating to trial period) Mr. Keith Morrison, parking attendant, stated Main Street Properties is requesting permanent ingress and egress from Main Street and restriping of the parking lot which would improve traffic flow. Council directed the applicant to submit a parking plan to the Town Engineer for his review and recommendations for Town Council approval. Council requested the 50% ratio of full to compact spaces be used in the proposed plan. 14. MILL VALLEY/TIBURON DISPATCHING CONSOLIDATION PILOT PROGRAM (Status Report) Police Chief Bailey for a ninety (90) day trial program it would cost the Town approximately $3,500. During the trial period Mill Valley would not charge the Town for the dispatching service. If functional it would cost the Town annually approximately $8,400 for one shift, and the Department would still maintain its clerical help. Council directed Staff to postpone this trial period until Staff has p.roj'ec~the cost for the trial period and t~e costs in the long run if the Town decided to go for the consolidation program. Council would also like to have the pros and cons drawn up. I. OTHER STAFF AND COUNCIL REPORTS 16. Council, Commission, Boards and Staff Workshops After discussion Council directed Staff to set up a meeting with the Chairman of the Planning Commission, Board of Adjustments and the Mayor and Vice Mayor to determine the subjects of a joint workshop meeting. J. COMMUNICATIONS 17. Letter to Supt. of Public Works from CAL/TRANS dated 1/9/81 (Tiburon Boulevard Speed Zone Survey) Council directed Staff to prepare a letter protesting the increase of traffic speed on Tiburon Boulevard and a resolution opposing the traffic speed increase. Council directed Staff to send a copy of the letter and resolution to Senator Keene and Assemblymen Filante. Councilman Bergsund reported LAFCo has received the Town's Ordinances approving the La Cresta Master Plan and Prezoning. Warren Nelson of LAFCo indicated LAFCo would recommend approval as submitted or ask that it go to conflict resoltuion. The County Planning Department indicated they would like to see it go as an amendment to the County Wide Plan. Council recommended a meeting with all parties involved be set up to discuss the matter. K. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Bass adjourned the meeting at 12:10~, Th rsday, January 22, 1981, to Wednesday, January 28th at 6:15 PM _to,d'1scus the Housing Element revisions. selec~i 0 the. onsultant to prepare ~>;~ .. ,~. ,H' ,_ ATTEST~~ MINUTES TOWN COUNCIL CORRECTED CALL TO ORDER Mayor Bass called the adjourned meeting of the Town Council of the Town of Tiburon to order at 6:25 PM, Wednesday, January 28, 1981, in the Town Council Chambers, Reed School, Room 9, Tiburon, CA. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Hanson, Rockey, Bass EX-OFFICIO: Town Manager Kleinert Director of Community Development Hanna BUSINESS 1. CONSIDERATION OF CONSULTANTS FOR PREPARATION OF REVISED HOUSING ELEMENT The Council's Lands and Development Committee (Edelstein and Hanson) reivewed their January 21, 1981, analysis and summary of the various consultant proposals pertaining to the preparation of updated Housing Element of Tiburon's General Plan. The full Council reviewed each of the consultants overall qualifications, experience, familiarity with the Community, and proposed project costs. MOTION: approve the recommendation outlined in the Lands and Development Committee's report'to retain McCart-Lombard Associates for the preparation of Tiburon's revised Housing Element of the General Plan. Moved: Vote: Rockey, Seconded by Hanson AYES: Edelstein, Bergsund, Hanson, Rockey, Bass NOES: None ABSENT: None ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Bass adjourned the meeting at 7:05 PM, Wednesday January 28, 1981, sine die. ATTEST: R.L~~erk TOWN COUNCIL MINUTES #551 JANUARY 28, 1981 PAGE ONE MINUTES TOWN COUNCIL CALL TO ORDER Mayor Bass called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 PM, Wednesday, February 4, 1981, in the Town Council Chambers, Reed School, Room 9, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Hanson, Rockey, Bass EX-OFFICIO: Town Manager Kleinert, Town Engineer Bala, Deputy Town Attorney Ragghianti, Chief of Police Bailey, Supt. of Public Works Brunini, Minute Clerk Stultz B. APPROVAL OF MINUTES #550, January 21, 1981 Page 5, Adjournment, change last sentence to read "to discuss the selection of the consultant to prepare Tiburon's Housing Element revisions". Page 3, 2nd paragraph, delete last sentence and replace with "Town Engineer Bala stated what is proposed for this sub- division will not change the level of fire protection in the existing portion of Taylor Road". MOTION: Moved: Vote: approve minutes #550 as amended Rockey, Seconded by Hanson AYES: Unanimous #551, January 28, 1981 MOTION: Moved: Vote: approve minutes #551 as presented Rockey, Seconded by Bergsund AYES: Unanimous C. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS Councilman Edelstein stated he will report on the January 29, 1981 meeting with southern Pacific and Town Officials at the end of the regular business meeting. D. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES There were none at this time. E. PUBLIC QUESTIONS AND COMMENTS There were none at this time. F. CONSENT CALENDAR Council asked that the word fostering be changed to "protecting and enhancing" in the Resolution for Curbside pickup of Recyclables) Council requested item #ll be moved to the Consent Calendar. Town Manager Kleinert stated he does not feel the use of the Citizens Communication Form would be an additional burden to Town Staff, and that it would be very beneficial to both residents and Staff. :~TION: approve the Consent Calendar as amended consisting of: 1. CURBSIDE PICK UP OF RECYCLABLES (Resolution) 2. INJURY ACCIDENT REPORT (1980j 11. CITIZENS COMMUNICATION FORM Rockey, Seconded by Hanson AYES: Unanimous Moved: Vote: TOWN COUNCIL MINUTES #552 FEBRUARY 4, 1981 PAGE ONE G. PUBLIC HEARINGS 3. MAR WEST TRAFFIC CIRCULATION MODIFICATIONS (Consider Planning Commissions Recommendation of vacating Street) Town Manager Kleinert reported the issue of cul-de-sacing Mar West Street in the vicinity of the Tiburon peninsula Club (TPC) arose during the Southern Pacific master plan hearings. The TPC indicated its support and desire to assist the Town in the Marsh Restoration program, which a portion of the marsh is on TPC property, and in return asked the Town to investigate cul-de-sacing Mar West Street. The TPC would enter into an exchange agreement for the Mar West Street property for the cul-de-sacing, and if the cul-de-sacing is deemed to be not feasible, TPC would deed the property for a specified purchase price. The Town Attorney has ordered a title report and the issue of reversion of title has been investigated. Town Manager Kleinert stated the Town Engineer's preliminary evaluation of the feasibility of cul-de-sacing Mar West Street indicated the advantages out weight the negative impacts. The Town Engineer indicates three steps must be done to implement the cul-de-sacing 1) the Beach Road extension must be completed, 2) through passage for emergency vehicles must be provided, and 3) a bicycle and pedestrian path through the SP project. The Planning Commission has recommended to the Town Council that no action be taken at this time until further traffic counts are available after the extension of Beach Road is completed. Mayor Bass opened the public hearing. Mr. Philip Woodward, president of the Tiburon Peninsula Club, spoke in favor of the cul-de-sacing stating it would eliminate speeding, accidents, and increase pedestrian safety. Mr. Woodward stated the Club's major concern is that of children crossing Mar West Street to gain access to the tennis courts and Judge Field. Mr. Alvin Kuhn, resident and TPC member, spoke in favor of the cul-de-sacing and reported that all TPC members have been advised of the proposed cul-de-sacing. Mr. Gus Strotz spoke in favor of the cul-de-sacing stating it would improve traffic flow, and presented his conception of the revised circulation for residents in the effected area. Mr. Ken Bankston, traffic engineer, stated with the connection of Beach Road to Mar West Stree~traffic on Mar West would be less or the same after the SP project is completed. Mr. Bankston stated of 22 roads surveyed in Tiburon, excluding Tiburon Blvd., Mar West Street has the second highest incidence of speeding, and stated speeding would be reduced if Mar West was cul-de-saced. Mrs. Del Bond, Mr. Nat Marans and Mr. Stewart Hopkins all spoke in opposition of the proposed cul-de-sacing. Mrs. Gene Marans also spoke in opposition stating Mar West Street is one of the oldest Streets in Tiburon and one of the few lateral roads. Mrs. Virginia Peterson spoke in opposition of the cul-de-sacing. Mrs. Ann Drew spoke in favor of the cul-de-sacing and stated it would be a blessing to slow traffic on Mar West Street. Mrs. Barbara Matthews spoke in favor of the cul-de-sacing and stated the cul-de-sacing and marsh restoration is an extension of the total completion of the SP project. Mrs. Matthews also stated the wildlife marsh would be enhanced by the cul-de-sacing as there would be no traffic on the back side. Mr. Jim Paras spoke in favor.of the cul-de-sacing. Mayor Bass closed the public hearing. .'40TION: refer this matter to the Lands and Development Committee and that the Town's Evacuation and Disaster Plan be addressed, an appropriate traffic count be prepared to compare with the Beach Road connection including a traffic count at the intersection of Mar West and Esperanza, and that access to the McNaught property be addressed Rockey, Seconded by Bergsund AYES: Unanimous Moved: Vote: TOWN COUNCIL MINUTES #552 FEBRUARY 4, 1981 PAGE TWO 4. FINAL MAP (4545 Paradise Drive, pellegrinelli) Mayor Bass opened the public hearing. Ms. Elaine Orfanos, applicant's attorey, stated the applicant has three concerns relating to the final map approval. The applicant is concerned with the 15' pedestrian easement across the south west corner of his property, the matter of naming the street and the matter of this development having to contribute to the Tiburon Boulevard Traffic Improvement fund. Ms. Orfanos stated the pedestrian easement is objectionable to the applicant becuase it is close to the existing home on the property, there is presently a trail that follows the property line, and the applicant is concerned with additional off- road vehicle traffic. As the road serving this subdivision is a private road the applicant does not feel the Heritage Commission should name the street. Mr. Orfanos stated the Town does not have a policy for naming privately owned streets. The applicant had originally intended to name the street Gaia Drive and now would like to name it Pellegrinelli Drive. Ms. Orfanos stated the applicant does not feel this subdivision should be subject to contributing to the Tiburon Blvd. Traffic Improvement Fund as it was not a condition of the Master Plan approval. Though contributing to this fund was a condition of the Precise Plan , which was approved in October 1980, the Ordinance establishing a traffic improvrnent fund did not take effect until December 1980. Mayor Bass closed the public hearing. Council questioned formally approving the Tentative Map as it is not referenced in the Precise Plan resolution as is normal procedure for minor subdivisions. Mr. Edward Beattie, applicants engineer, stated the Tentative Map and Precise Plan were approved at the same time. Council discussed the applicant's concerns. Councilman Bergsund stated that people would probably continue to use the existing pedestrian trail along the south west corner and the inclusion of the 15' pedestrian easement would probably not impact the existing home and felt the easement should be included. Council felt since the road servicing this subdivision will be privately owned the developer should be able to name the street and recommended pellegrinelli Drive be used. After discussion Council felt the applicant should be required to contribute to the Tiburon Boulevard T~affic Improvement Fund. MOTION: Moved: Vote: MOTION: Moved: Vote: that the map which is submitted entitled "Map of Cypress Hills" dated December 1980, prepared by Edward Beattie be approved as the Tentative Map and shall include all conditions specified in the Precise Plan Edelstein, Seconded by Hanson AYES: Edelstein, Bergsund, Hanson, Bass NOES: Rockey to approve the Final Map which includes Staff recommendations Numbers 1 - 5 and that the name of the Road be Pellegrinelli Drive. Edelstein, Seconded by Hanson AYES: Unanimous 5. AMENDMENT TO BUILDING ENVELOPE (Avendia Miraflores, Lot 15, Resolution) Mayor Bass opened the public hearing. Mr. George Tishner, 180 Avenida Miraflores, spoke in opposition to this application which is located next to his home. Mr. Tishner stated the applicant originally proposed a 4,500 sq. ft. home to the Board of Adjustment~ which was denied becuase of bulk and massivness. The applicant then returned with another proposal for a 6,500 sq. ft. home, S4'-56' in width. In this revised proposal the applicant proposed to ~lace his garage on the upper level which would require at least an 8' to 9' retaining wall, which would be viewed from Mr. Tishner's master bathroom. The applicant was not present. MOTION: Moved: Vote: adopt the resolution denying an amendment to the building envelope, subject to the condition that if the applicant was not notified of this meeting the Council would reconsider the application. Edelstein, Seconded by Hanson AYES: Unanimous FEBRUARY 4, 1981 PAGE THREE TOWN COUNCIL MINUTES #552 H. BUSINESS 6_ SOUTHERN MARIN SEWERAGE AGENCY PIPELINE (Approval of Grant of Easement and Project Conditions) Town Manager Kleinert reported that at a January 14, 1981, meeting of SASM representatives and Town Officials, it was decided the Town Attorney would prepare the Final Grant of Easement and Agreement documents pertaining to the installation of the SASM pipeline through Tiburon. This agreement is now before Council for consideration and approval. Mr. Ed Nute, project engineer, reviewed the exhibits which are referenced in the agreement. Mr. Nute stated the bike path will be disrupted for approximately 5 - 6 months. Users of the bike path will be detoured along the sholder of Tiburon Blvd. from the Belvedere Tennis Club to San Rafael Avenue. "K" rails will be used to protect pedestrians from automobile traffic. Mr. Nute stated Belvedere does not want Lagoon Road recognized as a formal detour route. Mr. Glen Calkins of Southern Pacific expressed SP's concern over the portion of the pipeline going through the SP property. Mr. Nute stated it has been recommended that the present contact be terminated at the SP property, and the SP portion be contracted out separately to coordinate with the SP project. Council expressed their concern over the lack of coordination between SASM and Southern Pacific. Town Manager Kleinert recommended that Condition #5 of the agreement be amended to read liThe rip-rap areas shown on Exhibit B along the Bayside of the Multi-Use Path will be repaired as specified in the Morgan Noble report and shall be amended by Morgan Noble and the Town Engineer and shall be maintained thereafter by SASM to assure the long term stability of the pipeline and shoreline. II Mr. Kleinert also recommended an additional condition be added stating "The Town will be reimbursed for all project inspection costs as required by Town Ordinances". Council asked that this item be continued to the next regular meeting and that SASM work with Southern Pacific in the coordination of the pipeline construction and that SASM present the Council in sufficient time for review a timetable of the project, an alternative pedestrian route map and a Southern Pacific land schematic drawing showing route of pipeline and general elevations. 7. SANITARY DISTRICT #5 TREATMENT PLANT EXPANSION (Request for Easement from Town) Town Manager Kleinert reviewed the request for an easement from Sanitary District #5 for their treatment plant expansion. The Board of Adjustments and Review has approved the design of the building. Town Manager Kleinert reviewed the parking plan submitted by Saniatary #5. Mr. Glen Calkins, Southern Pacific, stated SP's concern is that of preserving the value of the land should the SP project fail to go forward. The staging area is also of concern to Southern Pacific. MOTION: authorize the Mayor to execute an agreement in a fonn to the satisfaction of the Town Attorney and the Town consents to the transfer of property provided that it is of no cost to Sanitary District No.5. It is understood that this agreement does not in any way alter the density that has been granted Southern Pacific. This agreement shall reference the parking plan presented tonight and will include the District providing reclaimed water for irrigation of Town owned parklands. Edelstein, seconded by Hanson AYES: Unanimous Moved: Vote: 8. ABATEMENT OF ALLEGED NUISANCE - 270 ROUNDHILL ROAD (Oral Report By Town Manager & Set Public Hearing Date) Town Manager Kleinert reported the Chief of Police has been in contact with the attorney of the persons running the International Growth Institute located at 270 Roundhill Road. ~r\T^T1\T r'rlTTl\Tr'TT, M Tl\TTT'T'l<'Q :I! c; C;? l<'RRRTT:n RV .:1 _ 1 q R 1 P~hF. FnTTR The attorney indicates the owners of the business are trying to break the lease of the property to allow the move of the business, but have run into difficulties with the owner of the property. Council expressed their concerns over the alleged activies taking place at 270 Roundhill Road. Town Manager Kleinert explained the Town could abate the nuisance on the grounds that there are more than one employees employed by the business, which is a violation of the Tiburon zoning Ordinance. Council directed the Town Attorney to take the steps to notice a public hearing for the next regular Council meeting for abatement of a nuisance and that the County District Attorney be contacted to proceed with red light abatement. Mr. Howard Hetzner, 239 Roundhill Road, thanked the Council for their concern related to this matter. 9. ABATEMENT OF NUISANCE - 132 HACIENDA DRIVE (Construction without Building Permit - Set Public Hearing Date) Town Manager Kleinert reported he has been in contact with the owner of the subject property and the owner indicates he will proceed with the proper steps to gain approval for the illegally installed hot tub. Council directed Staff to agendize this matter for public hearing on the next regular Council agenda but should the owner apply for the proper approvals before the meeting date that this matter be continued. I. OTHER STAFF AND COUNCIL REPORTS There were none at this time. J. COMMUNCIATIONS 10. Letter to Town Council from Jana Haehl regarding LAFCO, dated 12/1/80 Council discussed the advantages and disadvantages related to the possibility of creating new cities in Marin and directed the Mayor to contact Jana Haehl and relate some of the Council's concerns on this matter. Councilman Edelstein reported the Town has been advised by Southern Pacific representatives that the SP project has the go ahead until they are stopped. One problem SP has run into it that of reaching an agreement with Fisher-Friedman for the architectural work. SP is also concerned with the Sanitary District #5 and SASM staging areas on their property. The staging areas are on the area of the project they plan to develope first with their prime units. Councilman Bergsund reported on a meeting with Town Officals and Al Aramburu regarding the La Cresta annexation. It was decided that a comprehensive annexation program be initiated. K. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mayor Bass adjourned the meeting at 12:55 AM, Thursday, February 5, 1981, sine die. ATTEST: TO~~ COUNCIL MINUTES #552 FEBRUARY 4, 1981 PAGE FIVE MINUTES TOWN COUNCIL CALL TO ORDER Mayor Bass called the regular meeting of the Town Counciliof the Town of Tiburon to order at 7:30 PM, Wednesday, February 18, 1981, in the Town Manager's Office, Town Hall, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Hanson, Rockey, Bass EX-OFFICIO: Town Manager Kleinert, Deputy Town Attorney Ragghianti EXECUTIVE SESSION Mayor Bass adjourned the meeting to Executive Session at 7:35 PM for the purpose of discussing current and pending litigation. REGULAR MEETING ~ayor Bass reconvened the regular business session at 8:10 PM in the Town Council Chambers, Reed School, Room 9, Tiburon, California. PRESENT: EX-OFFICIO: Chief of Police Bailey, Deputy Town Engineer Strandgaard, Supt. of Public Works Brunini, Minute Clerk Stultz B. APPROVAL OF MINUTES Minutes #522 of February 4, 1981, were continued to the next regular meeting. C. APPOINTMENTS TO COMMISSION, BOARDS AND COMMITTEES There were none at this time. D. PUBLIC QUESTIONS AND COMMENTS Mayor Bass announced that the month of March has been designated as Red Cross month. E. CONSENT CALENDAR Town Manager Kleinert requested that Item #3 (Award of Contract) be continued to the March 4, 1981, meeting as the Town Engineer has not been provided with references from the lowest bidder. Town Manager Kleinert reported that Council received a resolution tonight requesting Urban Thoroughfare Funds for the Tiburon Blvd. sight distance correction at Rock Hill Drive, and requested this resolution be added to the consent calendar. MOTION: approve the consent calendar consisting of: 1. FINANCE REPORT (January 1981) 2. POLICE REPORT (January 1981) 3. AWARD OF CONTRACT (Downtown Tiburon Blvd., Drainage, Stage II, continued to March 4, 1981) 4. EMPLOYEE SALARY ADJUSTMENT (General Services Secretary) 5. CALIFORNIA PARKLAND ACT OF 1980 (Town's Application for Funds, Resolution #1136) 5a. TOWN'S REQUEST FOR URBAN THOROUGHFARE FUNDS (Resolution #1137) 7. ORDER TO SHOW CAUSE (132 Hacienda Drive, continued to March 4, 1981) Moved: Vote: Bergsund, Seconded by Hanson AYES: Unanimous F. PUBLIC HEARINGS 6. MASTER PLAN (Tiburon West Office Building, Mar West & Tiburon Boulevard, Moana Corporation, Ordinance 1st reading) TOWN COUNCIL MINUTES #553 FEBRUARY 18, 1981 PAGE ONE Town t1anager Kleinert reviewed the Master Plan application for three office buildings on two lots. Moana presently owns 1/2 acre and is in the final process of purchasing 1 additional acre from Southern Pacific. The Planning Commission's major concern was that of additional siltation in the Belvedere Lagoon. The Final EIR shows that the parking area will serve as a silting basin and would not impact the Belvedere Lagoon. The applicant has agreed to maintain the riparian vegetation on the site to maintain the present water flow on this property. Town Manager Kleinert stated the Ordinance approving the Moana Master Plan should be amended under findings D, G, and H from Planning Commission to Town Council. Finding F after Planning Commission "and Town Council" should be inserted. Mayor Bass opened the public hearing. Mr. Ron Nunn, architect, stated each building will be approximately 5,600 sq. ft., they will be condominium office buildings which will allow the owner to sell each building individually, if desired, and the preliminary CC&R's have been prepared for the buildings. The buildings will be built on pilings approximately 18-24" off the ground. 50 parking spaces will be provided and will be trellised to Mar West Street. The applicant is working with CAL/TRANS to gain permission to landscape past the property line. Council recommended the applicant increase the compact car space ratio to 50% which would allow for more area to be landscaped. Council questioned timing conflicts with this project and the SASM pipeline, and suggested the two work together. Mayor Bass closed the public hearing. Council requested that two additional conditions be added to the Ordinance stating 1) The applicant shall satisfy all mitigation measures identified in the Final EIR, and 2) The applicant shall reduce the parking area by using a compact car space ratio of 50%. Council requested that as much of the existing vegetation be maintained ,as possible. MOTION: Moved: Vote: that the Ordinance, as amended, be read by title only Rockey, Seconded by Hanson AYES: Unanimous Mayor Bass read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A MASTER PLAN FOR TIBURON WEST OFFICE BUILDINGS". HOTION: Moved: Vote: approve first reading as amended Bergsund, Seconded by Rockey AYES: Edelstein, Bergsund, Hanson, Rockey, Bass NOES: None 7. ORDER TO SHOW CAUSE (132 Hacienda Drive, Construction without Building Permit) This item was continued. 8. ORDER TO SHOW CAUSE (270 Roundhill Road) Mayor Bass reported the Town received a letter today from the tenant's attorney which included the business license. The letter stated the tenants agree to cease and terminate all activities at 270 Roundhill Road, effective immediately. Mayor Bass stated there would be no public hearing on this matter in light of these promises. MOTION: Recommend acceptance of the letter with the understanding that the tenants will comply with their promises, the Town will continue surveillance of the property and if anything occurs that indicates the tenants are not complying with this agreement the matter will be reopened. Bass, Seconded by Hanson AYES: Unanimous Moved: Vote: TOWN COUNCIL MINUTES #553 FEBRUARY 18, 1981 PAGE ~.;rO G. BUSINESS 9. SOUTHERN MARIN SEWERAGE AGENCY PIPELINE (Approval of Grant of Easement and Project Conditions) Mr. Robert Bradford, SASM General Manager, stated SASM will make every effort to complete this project on time and SASM insures they will work with the Town to provide scheduling that is mutually agreeable. Mr. Bradford stated he met with Southern Pacific representatives and SP's main concern is that of timing, and SAS~1 and SP agreed to the d~tes SASM will be on their property. Mr. Bradford stated in regard to closing the San Rafael Ave./Tiburon Blvd. intersection, SASM is agreeable to do what the Town desires on this matter. Mr. Bradford stated if the intersection is completely closed it would take 1-2 days to complete the work. If half of the intersection is closed it will take at least twice as long. Mr. Bradford stated he spoke with Belvedere City Manager, Sandra Marker, and she felt there would be no problem with closing the intersection. Council discussed this matter at length and agreed that the intersection be closed between the hours of 9AM and 4 PM to avoid detouring the commute traffic. Mr. Bradford reviewed the pedestrian detours during construction. SASM will route pedestrian traffic along Tiburon Boulevard from the Belvedere Tennis Club to San Rafael Avenue. "K" rails will be used for protection. Mr. Bradford stated the area east of Pine Terrace is the most difficult area to detour pedestrians. Council requested that in this area steps of a temporary nature be installed over the hump for use by pedestrians. Council requested signs be posted stating the bike path will be closed and detours provided suitable for pedestrians only. Council requested the Town obtain a botanist to walk the path and designate any valuable growth for relocation or saving. Council recommended Phil Molten or Jean Banning be asked to examine the plant life. Mr. Bradford stated SASM is still debating on the amount of liquidated damages that would be asses~ed on the contractor. The amount will be between $250 - $500 per day, which will be collected by SASM and paid to the Town. Mr. Bradford stated as far as timing of the entire project in Tiburon, it would be difficult to pinpoint as there are many factors that could shorten or lengthen the project. SASM intends to complete the Tiburon portion in September 1982, but the Southern Pacific portion will be completed this year. Council requested that pull boxes and valve boxes be placed as far away as possible from the bike path. Council made the following amendments to the agreement documents: AGREEMENT Paragraph 7, change season to "construction season" 13(c) change to read "In the event the City of Belvedere approves the property west of the Tennis Courts as a storage area, the contractor may have access to this storage area from Tiburon Boulevard. 19 - change to read "Construction work and equipment operation shall be limited to the period between 7:30 AM and 7:30 PM, weekdays only. The Town Manager may approve exceptions for good cause". Add a condition stating "Trees will be trimmed subject to Town approval". PROJECT DESCRIPTION 8(A) change to read "The Contractor will be allowed to close the San Rafael Avenue intersection during the hours of 9 AM to 4 PM, weekdays only, in order to facilitate rapid construction of the pipeline c170ssing San Rafael Avenue". 11 - delete wording in parentheses. Add a condition stating "SASM will cooperate with the Town to modify the bike path for pedestrian use based upon experience". Add a condition stating "Rip-rap size shall be subject to the approval of the Town Engineer". T.1'r.'nTHT7\ nv , 0 , a Q 1 pnr:l<' 'T'~RRF. Moved: Vote: authorize the Mayor to execute the Agreement document as amended Rockey, Seconded by Bergsund AYES: Unanimous MOTION: 10. CAL/TRANS TRAFFIC SPEED SURVEY (Town's opposition to Increasing Speed Zones on Tiburon Boulevard, Resolution) Councilman Edelstein recommended the following be added to the Resolution, after the second ~~HEREAS: "WHEREAS, the physical configuration of this winding semi-rural road, including impaired sight distances, blind residential driveways, as well as frequent pedestrian crossings would induce increased accident rates if the speed limit is increased, and WHEREAS, many of these hazards are not immediately apparent to motorists, particularly to the many visitors unfamiliar with the road, thereby invalidating the "theory of the 85th percentile" MOTION: Moved: Vote: a90pt resolution as amended Bergsund, seconded by Rockey AYES: Unanimous II. NOm,Ulli ESTATES SUBDIVISION ANNEXATION (Consideration of acceptance of Roadway) Town Manager Kleinert stated the concern over the annexation of this property is that of accepting the street serving this property, which is substandard. The Town Engineer opposes the Town accepting this street. The Town Council supported the Town Enginer's recommendation and expressed their concern of annexing property that is surrounded by unincorporated property. Council suggested Town Staff and Officials discuss the annexation with Warren Nelson of LAFCO and Supervisor Aramburu. I. TOWN COUNCIL, COMMISSION, COMMITTEE ORAL REPORTS 12. LANDS AND DEVELOPMENT COMMITTEE (Highlands Project) Councilman Edelstein reported the Lands and Development Committee met with Highland representatives and the discussion centered around how to process this development. Highland representatives questioned if there was any zone the Town would apply for the pre-zoning. The closest zone was the RMP zone but it does not contain the right wording, which would zone the property at three units per acre. It appears the Town would have to modify the description of the RMP zone to allow for up to three units per acre. The Lands and Development Committee recommends that Staff come up with the modifications to the existing RMP zone or prepare a new zoning district. Highland representatives state the units would average 1,500 sq.ft. in size, and are looking at 107 units on the~r 32 acres. Marge Macris, County Planner, indicated the County would have to proceed by law with the review of the application if she did not receive a letter from the Town stating Tiburon is considering prezoninghearings. Council directed Staff to prepare a letter to Marge Macris indicating the Town's intent to prezone this property. J. OTHER STAFF AND COUNCIL REPORTS Councilman Bergsund reported there will be a meeting tomorrow night with the Homeowners in the North Tiburon area to discuss water pressure and the possibility of constructing a water tank. The Cibrian owners are willing to do ~g in this regard providing they would be able to build, on the other four lots if the water pressure matter is resolved. K. COMMUNCATIONS 13. Letter to Town Council from peirre Joske, dated 2/5/81 Council approved the Mayor's response to Mr. Joske. J . ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Bass adjourned the meeting at 11:45 PM, Wednesday, February 18, 1981, sine die. T.'IT.'InnTT7\nV 1Q 1QQl PlH~R FnTTR ATTE/(a R. L. KLEINERT, TOWN COUNCIL MINUTES #553 FEBRUARY 18, 1981 PAGE FIVE MINUTES TOWN COUNCIL CALL TO ORDER Mayor Bass called the regular meeting of the Town Council of the Town of Tiburon to order at 7:37 PM, Wednesday, March 4, 1981, in the Town Council Chambers, Reed School, Room 9, Tiburon, CA. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Hanson, Rockey, Bass EX-OFFICIO: Town Manager Kleinert, Town Attorney Conn, Town Engineer Bala, Director of Community Development Hanna, Supt. of Public Works Brunini, Minute Clerk Stultz B. APPROVAL OF MINUTES #552, February 4, 1981 MOTION: Moved: Vote: approve minutes #552 as presented Hanson, Seconded by Rockey AYES: Unanimous #553, February 18, 1981 MOTION: Moved: Vote: approve minutes #553 as presented Hanson, Seconded by Rockey AYES: Unanimous C. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES There were none at this time. D. PUBLIC QUESTIONS AND COMMENTS There were none at this time. E. CONSENT CALENDAR Council requested Item #9 moved to the Consent Calendar. Council expressed their feeling that the Pacific Sun Marathon should be assessed the special event fee and the Council's approval would be based on this condition. MOTION: approve the Consent Calendar consisting of: 1. AWARD OF CONTRACT (Downtown Tiburon Blvd., Drainage, Stage II) 2. AWARD OF CONTRACT (Upper Roundhill Rd. Subdrainage & Overlay) 3. CALIM FOR DM~GES (Property Damages - Recommend Denial) 4. SPECIAL EVENT APPLICATION (Moto-cross) 5. SPECIAL EVENT APPLICATION (Pacific Sun Marathon) 9. 85 ROUNDHILL ROAD (Norwitt-Brady, 1 year Extension of time for Implementation of Precise Plan, Resolution #1141) Hanson, Seconded by Rockey AYES: Unanimous Moved: Vote: F. PUBLIC HEARINGS - 6. MASTER PLAN (Tiburon West Office Buildings, Mar West and Tiburon Blvd., Moana Corp., Ordinance 2nd reading) Director of Community Development Hanna reviewed the master plan application for three (3) office buildings on 1-1/2 acres of land. Director Hanna stated that though the Ordinance does not have a condition requiring contribution to the Tiburon Blvd. Traffic Mitigation Fund, the applicant must automatically contribute before taking out any building permits. These office buildings would not be allowed to be used as a restaurant. Mayor Bass opened the public hearing. TOWN COUNCIL MINUTES #554 MARCH 4, 1981 PAGE ONE Mr. Ron Nunn stated Moana is working with SASM and are trying to re-route the pipeline along the Moana property line. The revised parking plan utilizing the 50% ratio of compact spaces will be presented at the Precise Plan stage. Council discussed the possibility of the developer also under grounding the utility poles along the development, outside the applicant's property. This consideration was postponed to the Precise Plan hearings. Council urged the applicant to contact CAL/TRANS prior to the Precise Plan hearings in regard to landscaping on their right-of-way. Mayor Bass closed the public hearing. MOTION: approve second reading of the Ordinance approving the Moana Master Plan (Ordinance No. 240 N.S.) Moved: Vote: Rockey, Seconded by Hanson AYES: Edelstein, Bergsund, Hanson, Rockey, Bass NOES: None ABSENT: None G. BUSINESS 7. ANNEXATION STUDY (Authorization tOilnitiate Study within Tiburon's Sphere of Influence, Resolution) Town Manager Kleinert reported this annexation study is a fellow up of the La Cresta re-organization and annexation to the Town of Tiburon. LAFCO requested a committment from the Town to prepare such a study as part of the La Cresta hearings. Town Manager Kleinert stated Staff's recommendation is that Council direct Staff to report back with how the study would be prepared and a time table for completion. This study would be prepared in-house. Council suggested that if the CRIS model is used in this study that it be re-programmed. Director of Community Development Hanna stated as this annexation study would be another element of the General Plan a negative declaration of environmental impact would need to be prepared. MOTION: approve staff recommendation and request Staff to report back at the April 1,1981, regular meeting on how the report will be prepared and target completion dates. Rockey, Seconded by Hanson AYES: Unanimous Moved: Vote: 8. LA CRESTA ANNEXATION (Approval of La Cresta Property Annexation to Tiburon, Resolution) Town Manager Kleinert reported to complete the La Cresta annexation to the Town of Tiburon the Town must adopt a resolution approving and ordering a reorganization to annex the property to the Town of Tiburon. Town Manager Kleinert stated the Town would only be annexing the residential area and not the open space, as LAFCO felt it would be better to leave the open space in the County until Ring Mountain is fully planned. If after Ring Mountain is planned and this open space area is determined best suited in Tiburon, th~ annexati,on fees would be waived by LAFCO. Council expressed their concern over the possibility of the open space property being re-master planned and built upon if not annexed to the Town. Director of Community Development Hanna stated one of the conditions of the master plan approval requires that the open space area will be precluded from development. Council requested this item be continued to the next regular meeting and that Staff investigate that the condition of the Town's master plan approval requires that the open space property remains open, and that the Town be assured it will have a powerful say in how the open space area will be managed. Town Attorney Conn suggested that the open space property be deeded to the Town so if the property eventually is ann~ to the County or Corte Madera, Tiburon would h~ve control of the property. 10. TOWN'S ACCEPTANCE OF RELINQUISHED CAL/TRANS PROPERTY (Near Greenwood Beach Road, Resolution) TOWN COUNCIL MINUTES #554 MARCH 4, 1981 PAGE TWO Town Manager Kleinert reviewed the property being relinquished by CAL/TRANS and stated if the Town is interested in obtaining the property, the Town Council should adopt the resolution accepting the property. Town Manager Kleinert stated the parcel on which the CAL/TRANS building is located will be declared surplus property in 1982. Council requested that the surplus property be obtained by the Town when it becomes available. MOTION: Moved: VOTE: approve the resolution accepting CAL/TRANS relinquished property Bergsund, Seconded by Rockey AYES: Unanimous 11. PROPOSITION 4 IMPLEMENTATION (Passage of 1980-81 Appropriation Limit, Resolution) Town Manager Kleinert reported that the Town is required by law to set an appropriation limit each fiscal year. The Deputy Town Treasurer has determined the appropriation limit for fiscal year 1980-81 to be $l,OOl,681. Moved: Vote: adopt the resolution setting the appropriation limit for fiscal year 1980-81 Rockey, Seconded by Hanson AYES: Unanimous MOTION: H. TOWN COUNCIL, COMMISSION, COMMITTEE ORAL REPORTS 12. RING MOUNTAIN (Councilman Rockey) Councilman Rockey reviewed the status of the Ring Mountain project. Ring Mountain Associates major concern of going through pre zoning and master planning through the Town of Tiburon is that of density the Town would allow and the possibility of ~ referendum such as the Southern Pacific referendum. The Town Council expressed their desire to have the Ring Mountain application reviewed by the Town rather than the County. I. OTHER COMMUNICATIONS AND STAFF REPORTS 13. Memorandum from Town Manager to Town Council dated 2/26/81 (Council/ Staff Workshop, and Appointments to Housing Element Committee) Council recommended the Council/Staff workshop session be set for Saturday May 23, 1981. Council recommended the names of Russ Heacox and Vivian Jackman to serve on the Housing Element Committee. Town Engineer Bala stated CAL/TRANS is looking for a response to their plans for the Trestle Glen intersection improvements and Greenwood Beach road signalization. Town Engineer Bala reviewed his recommendations. MOTION: Moved: Vote: approve the Town Engineer's recommendations Edelstein, SEconded by Rockey AYES: Unanimous J. COMMUNICATIONS There were none. K. ADJOURNMENT IctI~ R.L. KLEINERT, TOWN MANAGER/CLERK Council of the Town of 10:22 PM, Wednesday, Being no further business Tiburon, Mayor Bass adjourned March 4, 1981, sine die. TOWN COUNCIL MINUTES #554 MARCH 4, 1981 PAGE THREE MINUTES TOWN COUNCIL CALL TO ORDER Mayor Bass called the regular meeting of the Town Council of the Town of Tiburon to order at 7:30 PM, Wednesday, March 18, 1981, in the Town Manager's office, Town Hall, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Hanson, Rockey, Bass EX-OFFICIO: Town Manager Kleinert, Deputy Town Attorney Ragghianti CLOSED SESSION Mayor Bass adjourned the meeting to a closed session for the purpose of discussion current and pending litigation, at 7:35 PM. REGULAR MEETING Mayor Bass reconvened the Town Council at 8:15 PM for the regular business meeting in the Town Council Chambers, Reed School, Room 9, Tiburon, California. PRESENT: EX-OFFICIO: Supt. of Public Works Brunini, Town Engineer Bala, Director of Community Development Hanna, Chief of Police Bailey, Minute Clerk Stultz B . APPROVAL OF MINUTES #554, March 4, 1981 MOTION: Moved: Vote: approve minutes #554 of March 4, 1981, as presented Hanson, Seconded by Rockey AYES: Unanimous C. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES Mayor Bass recommended the nomination of Valerie Bergman to the Planning Commission. MOTION: Moved: Vote: appoint Valerie Bergman to the Planning Commission Rockey, Seconded by Hanson AYES: Unanimous The Town Council noted there is still one Tiburon vacancy on the Tiburon peninsula Fine Arts Commission. D. PUBLIC QUESTIONS AND COMMENTS Mr. Stone Coxhead, Reedlands POA, requested a status report on the Highlands project. Director of Community Development Hanna stated that no formal plans have been submitted to the Town or County. It is anticipated that the Highlands project will be master planned and pre zoned by the Town of Tiburon. The Town expects an application by May 18, 1981. Martha McCart, Housing Element consultant, reminded Council that a Housing Element Committee needs to be appointed. Council recommended that the consultants work with the Planning Comrrassion instead of appointing another Committee. E. CONSENT CALENDAR MOTION: to approve the Consent Calendar consisting of: 1. FINANCE REPORT (February 1981) 2. POLICE REPORT (February 1981) 3. TRAFFIC SAFETY CO~rnITTEE REPORT (February 1981) TOWN COUNCIL MINUTES #555 MARCH 18, 1981 PAGE ONE 4. ACCEPTANCE OF IMPROVEMENTS (Miraflores Subdivision, Unit II, Resolution #1145) 5. MARIN COUNTY MAJOR CRIMES TASK FORCE (3rd AMENDMENT to JPA, Resolution #1146) 6. CLAIM FOR DF~GES a) B. YUMAS (Recommend Denial b) P. O'BRIEN (Recommend Denial) 7. ANNEXATION PROPERTY TAX APPROPRIATION SCHEDULE (Establishing Tiburon's Pro-Rata Share, Resolution #1147) 8. MARIN ARTS COUNCIL (Town Support of Countywide Arts Study) Moved: Vote: Rockey, Seconded by Bergsund AYES: Unanimous Council stated the Police Report statistical study is helpful and hopes the format will be continued. F. PUBLIC HEARINGS 9. MASTER PLAN (Del Madera Properties, Middle Ridge Area - Gilmartin Ordinance lst reading) Director of Community Development Hanna stated this is a master plan application for 33 units on 50 acres of land. The Planning Commission has held public hearings and recommends approval by the Town Council with some modifications to the master plan. The major issues of the Planning Commission hearings were l)exchange of Town open spacei and 2) the extension of Gilmartin Drive. The Planninq Commission is of the opinion that the Del Madera project would 6e best served by the extension of Gilmartin Drive, which would require an amendment to the Town~s Circulation Element. The applicant would have to apply for the amendment to the circulation element. If the amendment was not approved, the applicant would then have to apply for an amendment to the master plan, using an alternate access plan for the project. Del Madera Associates then presented a slide show indicating the proceedings leading up to the master plan now being presented. Martha McCart reviewed the proposed land trade indicating the Town would receive 22+ acres for approximately 7 acres of Town open space. Director Hanna stated the Planning Commission's resolution allows a total of 31 units with the possibility of two additional units if it can be proved the two additional lots ensures maximum preservation of open space, minimizes visual impacts and provides adequate access along the open space cooridors, etc. Mayor Bass opened the public hearing. Mrs. Thelma McCune, Roundhill/Rollings Hills Road POAi Mr. Brady; Mr. Samulson, Mt. Tiburon POA; all spoke in opposition of the development being served in any way by Roundhill Road, stating the road is already above capacity, unsafe for pedestrians becuase there are no sidewalks, and the dangerous condition of the steep grade on the upper portion of the road. Director Hanna expressed his opinion that the community at large would benefit more from the extension of Roundhill Road serving the upper portion of the Del Madera projec~as it would leave the open space corridor open. Being no further comments, Mayor Bass closed the public hearing. Council discussed the extensions of Gilmartin Drive and Roundhill Road to serve the project either entirely or partially, and questioned why improvements to Roundhill Road, i.e. sidewalks, were not explored during the neighborhood meetings. Council requested Staff to gather information on the impacts to Roundhill Road and Gilmartin Drive if they served the project and compare the impacts. This comparison should be done on a peak hour basis. Council questioned if the applicant planned on providing low/moderate income housing. Director Hanna stated the applicant's position is that since the Town does not have an ordinance covering low/moderate income housing, they do not intend to provide any. TOWN COUNCIL MINUTES #555 MARCH 18, 1981 PAGE TWO Council requested this item be continued to the April 1, 1981, regular meeting to allow the Council and interested persons to walk the property. 10. MASTER PLAN (Agins Property, Middle Ridge Area) Director of Community Development Hanna reported this is a master plan application to provide four building sites on five acres adjacent to the Del Madera proposal. The Planning Commission has reviewed the application and recommend denial by the Town Council. The Planning Commission decision was based upon the proposed building locations which they felt were inconsistent with the open space element of the Town's General Plan and felt the ridgeline should remain open. The Planning Commission at their first meeting suggested the project be redesigned to open up the ridgeline. The applicant responded with a slight redesign, but not satisfactory to the Planning Commission. The Planning Coromission again recommended modifications to the site plan but the applicant indicated it was their belief that the site-plan was appropriate, so the Planning Commission denied the application. Martha McCart, representing the applicant, reviewed the master plan application stating the lots have been placed as low on the ridge as they can.: go without getting into steep terrain and losing the commanding views. Ms. McCart stated the views get lost quickly if the lots are moved even a little down the hill. Three of the lots are .75 acres and the applicant's lot will be 1.5 acres, the maximum elevation above grade will be 24'. Councilman Edelstein requested that Council be presented with a large scale cross section at right angels to the length of the tennis court of the applicants lot. Council questioned Staff is the Agins proposed home was moved down the contours and the top level of the home remained at the same level as the single story portion down behind the knoll, could the views be maintained in a portion ofthe~home. Director Hanna stated he felt the view could be preserved and it would not impact the ridgeline as greatly. Council recommended that this item be continued to the next regular meeting so the Council could walk the property along with the Del Madera property. Mayor Bass opened the public hearing. Mr. Stone Coxhead spoke on the application stating he felt it was acceptable and should be approved by the Town Council. Mr. Mike Masterson stated his objection is to the Agins proposed home is that it appears it will become another hilltop compound. Mr. Donald Agins, applicant, stated this application is only requiring 18% coverage of his land and that he feels the project is in continuity with the other properties in the area. Being no further response, Mayor Bass closed the public hearing. Council recommended that more explanitory drawings be submitted to help in the consideration of this application. Mr. Keith Schallis, architect, stated there are no architectural plans for the other three lots as they will sold. 12. LA CRESTA ANNEXATION (Approval of La Cresta Property Annexation to Tiburon, Resolution) Director of Community Development Hanna stated this item was continued from the last regular meeting so staff could obtain assurance from the applicant that the open space area that was not to be annexed to the Town of Tiburon would be deeded to the Town. Staff has received such assurance and now recommends approval of the La Cresta annexation. Mayor Bass recommended approving the LAFCO resolution in its present form and also passing a separate resolution that states upon the Town receiving from the developer a letter stating that in accordance with the Master Plan approval the applicant will dedicate to the Town of Tiburon that portion of the property which has previously TOWN COUNCIL MINUTES #555 MARCH 18, 1981 PAGE THREE been described as open space, prior to filing of the final map. After receiving such a letter from the applicant, the resolution shall be send to LAFCO. MOTION: approve Mayor Bass' recommendation Moved: Edelstein, Seconded by Hanson Vote: AYES: Edelstein, Bergsund, Hanson, Bass ABSENT: Rockey 15. MEMORANDUM OF UNDERSTANDING (Sale of Town Lot to Town Manager) Councilman Hanson reported on a recent meeting with Bob Conn, Bob Kleinert, and the Lands and Development Committee. The major concern is deciding on a ratio of the value of the land to the building.to use for future sale of the property. The Town Attorney recowmends that at the time of sale the lot and home be appraised for separate values. Council recommended that before the actual delineation of the lots are set that some preliminary design input be prepared by the Town. MOTION: approve staff recommendations and adopt the resolution Moved: Bergsund, Seconded by Hanson Vote: AYES: Edelstein, Bergsund, Hanson, Bass ABSENT: Rockey 13. URBAN SERVICES STUDY (Review and Comment on Preliminary Report prepared by County of Marin, Resolution) Council suggested that traffic and circulation should be part of this urban services study and that the Planning Commission should review this draft study and comment on it. Councilman Edelstein stated there are several assumptions and inconsistencies in the report pointing out: Page 3, second sentence; Page 4, second paragraph, Ring Mountain should be deleted from lOth sentence; questioned 229 units being developed along Paradise Drive between Keil Cove and Seafirth; suggested on page 7, 4th paragraph "Flows from the Trestle Glen watershed will continue to be treated at the Richardson Bay Sanitary Plan" should be deleted. Council continued this item to the next regular meeting, and asked that the Planning Commission review the report at their March 25~ 1981 meeting. J . ADJOURNMENT Mayor Bass adjourned the regular meeting of the Town Council of the Town of Tiburon at 11:43 PM, Wednesday, March 18, 1981, sine die. R. L. TOWN COUNCIL MINUTES #555 MARCH 18, 1981 PAGE FOUR MINTUES TOWN COUNCIL CALL TO ORDER Mayor Bass called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 PM, Wednesday, April, 1, 1981, in the Town Manager's Office, Town Hall, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Hanson, Rockey, Bass EX.,...OFFICIO: Town Manager Kleinert, Town Attorney Conn CLOSED SESSION Mayor Bass adjourned the meeting to Closed Session for the purpose of discussing current and pending litigation. REGULAR MEETING Mayor Bass re~onvened the regular business session of the Town Council of the Town of Tiburon at 8~lO PM in the Town Council Chambers, Reed School, Room 9, Tiburon, California. PRESENT: EX.,...OFFICIO: Town Engineer Bala, Supt. of Public Works Brunini,Director of Community Development Hanna, Chief of Police Bailey, Planning Commission Chairman Spratling, Minute Clerk Stultz B! APPROVAL OF MINUTES #555, March 18, 1981 MOTION: Moved: Vote: to approve minutes #555 of March 18, 1981, as presented Hanson, Seconded by Bergsund AYES: Unanimous C. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES Mayor Bass recommended the nomination of William Simmons to the Board of Adjustments MOTION: Moved: Vote: appoint William Simmons to the Board of Adjustments Edelstein, Seconded by Rockey AYES: Unanimous D. PUBLIC QUESTIONS AND COMMENTS Mr. Stone Coxhead, Reedlands, commended the Chief of Police and his officers for apprehending two (2) burglars in his neighborhood. E. CONSENT CALENDAR MOTION: approve the consent calendar consisting of: 1. CLAIM FOR DAMAGES (S. Kennedy-Recowmend Denial) Moved: Vote: Rockey, Seconded by Hanson AYES: Unanimous F. PUBLIC HEARINGS 2. MASTER PLAN (Del Madera Properties, Middle Ridge Area - Gilmartin Drive, Ordinance 1st reading) Director of Community Development Hanna reviewed the master plan application for 31, possibly 33 units, in the Middle Ridge area noting Council's major concern at the last hearing was the access route to the development. TOWN COUNCIL MINUTES #556 APRIL I, 1981 PAGE ONE Director Hanna stated there are two feasible access routes to the project, 1) extending Gilmartin Drive to serve the entire project, or 2) extending Gilmartin Drive to serve the lower portion and extending Roundhi.ll Road to serve the upper portion. Director Hanna stated if Roundhill Road was extended to serve the upper portion of the Del Madera project and the additional undeveloped properties, 55 additional vehicular trips would generated at the peak hours on Roundhill Road. This figure does not include the Haraman property, 100 acres, which could funnel onto Lyford Drive without traveling on Roundhill Road. Director Hanna stated if Gilmartin serves the lower portion of the project an additional 45 vehicular trips would be generated at the peak hour. If Gilmartin was extended to serve the entire Del Madera project, the Agins property, Sederquist property, and the Pinsky property, 76 vehicular trips would be generated at the peak hours. Martha McCart, representing the applicant, displayed two overlays to show the altnerate access routes, stating if Gilmartin is extended only to serve the lower portion there would be approximately a 480' corridor between the two open space areas. The second overlay showed Gilmartin extended to serve the entire project. In this alternative two homes along the open space corridor would be moved to cluster "E", which would create a 350' corridor connecting the open space areas. Ms. McCart stated the applicant prefers to have the development served by the exension of Gilma~tin Drive as it would be a shorter access route and would not separate the development. Ms. McCart stated the only improvements to the Gilmartin Drive/ Tiburon Blvd. intersection are the ones required from the Von der Werth and Chan & Tai development. Council suggested i~ be reviewed if these improvements would be satisfactory to serve the Del Madera project. Mayor Bass opened the public hearing. Mr. Tom Roberts, 184 Stewart Drive, spoke on the application stating the strip between the upper and lower portion of the project should be retained for open space, that the upper portion of the development should be screened from the open space by foilage, and recommended the Town pass an ordinance that would make it illegal for motorized vehicles to use Town open space. Mrs. Ellie Stevens asked what improvements could be made to Roundhill Road if it was used to serve the upper portion of the Del Madera project. Town Engineer Bala s~ated there are several stretches along Roundhill Road where sidewalks could be installed. Councilman Edelstein requested that a feasibility study be done on sidewalks on Roundhill Road. Mrs. Bodian spoke on the application stating she is opposed to Roundhill Road and Gilmartin Drive being connected. Council assured Mrs. Bodian that connecting Gilmartin Dr. and Roundhill Road is not even being considered. Helen Sanford, Planning Commissioner, stated the two homes that are moved to cluster "'E'I require easements on the School District property and recommended there be no trade of property. Ms. McCart stated there would be a covenant written into the CC&R's for those two lots stating there could be no fence or planting on that portion of the lots. Mrs~ Thelma McCune spoke against the extension of Roundhill Road stating it is at capacity and there are safety problems presently on Roundhill Rd. Being no further public response, Mayor Bass closed the public hearing. Mayor Bass called for a recess at 9:35 PM and reconvened the meeting at 9:50 PM. 3ary Spratling, Planning Commission Chairman, stated the Commission approved the extension of Gilmartin Drive, after much debate, because of the concerns of the Roundhill Road residents. Chairman Spratling stated that in the final analysis, the extension of Gilmartin, which will bi.sect the open space, could be done is such a way as to maintain the visual and physical charcteristics of the area. Council requested that the percentage of traffic increase at the critical points on Roundhill and Gilmartin be ascertained. Council recommended that action on this item be continued to the next regular meeting to allow TOWN COUNCIL MINUTES #556 APRIL 1, 1981 PAGE TWO further studies on the improvements that could be made to Roundhill Road, improvements to the Gilmartin Drive-Tiburon Blvd. intersection, and tl.'affic impacts on Gilma,rtin Dr. and Roundhill, Road. Council directed Staff to contact Mr. May of the California Native Plants Society regarding an inventory of plant life on the Del Madera property. Councilman Rockey asked about moderate income housing. Ms. McCart stated the applicant would be willing to handle the moderate income housing in the same manner as La Cresta did. Council requested this be added as a condition to the master plan ordinance. Council also requested the applicant prepare a trail map which shows the connections of trails in this project with the abutting trails. Gary Spratling stated the Commission's feeling that cluster "E" should be limited to 5 units with the possibility of 6, now the applicant is showing 7 units in this cluster and suggested the Council carefully review cluster "E". This item was continued to the regular meeting of April 15, 1981. Mayor Bass announced items 4 through 13 would be continued to an adjourned meeting on Monday, April 6, 1981. 3. MASTER PLAN (Agins Property, Middle Ridge Area, Resolution) Martha McCart, representing the applicants, displayed the cross sections requested by the Council at the last meeting of the tennis court on lot No, I, Ms. McCart stated the home and improvements on lot #1 would not be very visible from Roundhill Road. Gary Spratling, Planning Commission Chairman, stated the Commission was concerned about the size and location of site #l as it is located on the ridge top, and if approved, would be the first home on top of the ridge. The commission was also concerned with lot #2 as it is also on the ridge. The Commission felt the size of the Agins' home on lot #1 makes the rest of the development look out of proportion. The Commission was also concerned about. the density of four units CD these five acres. Mr. Spratling stated the Commission recommended changes to the master plan, but the applicant was not cooperative in revising his plan. The Commission feels that four units would be possible if the units were relocated on the property. The Commission felt the amount of excavation and the steep driveways on sites 3 and 4 are unacceptable, and because of the combination of factors recommended denial of the master plan. MR. McCart stated the applicants would like two lots with City views. They looked at moving lots 3 & 4, but they became very steep and crowded. Council recommended the use of alterntative roof profiles to reduce the impacts of this project on the ridgeline. Mayor Bass opened the public heating. Mr. Tom Robertson stated the Town should consider obtaining a pedestrian easement across the back side of lots 2,3, and 4. Ms. McCart stated she does not feel providing a trail easement would be objectionable to the applicants. Council recommended the applicant work with the Parks and Recreation Commission to obtain a suitable trail easement. Mr. Stone Coxhead spoke on the application stating he feels it is appropriate and should be approved by the Council. MOTION: remand the application back to the Planning Commission with the following recommendations and conditions: 1) the general location of the main house, as shown, be mitigated by such means to re-create the existing ridge feeling by such devices as berming, roof shapes, etc. 2) the number of the other units be left flexible with the range of two to three, excluding the main lot, which shall depend on the out come of a more detailed evaluation and review Moved: Edelstein, Seconded by Hanson Council stated the detailed evaluation of the other 2-3 lots will be pased upon a more detailed presentation by the applicant on how the units could be position on the lots. Council urged the applicant to work more cooperatively with the Planning Commission. MTl\TTT'fIl<'C ~ t:; t:; h 71DDTT 1 10Q1 Vote: AYES: Unanimous J . ADJOURNMENT Mayor Bass adjourned the meeting to Monday, April 6, 1981, at 8:00 PM to complete the remaining agenda items, at 11:56 PM, Wednesday, April 1, 1981. PHILIP B. BASS, MAYOR Town of Tiburon ATTEST: R. L. KLEINERT, TOWN MANAGER/CLERK MINUTES #556 APRIL l~ 1981 PAGE FOUR MINUTES TOWN COUNCIL CALL TO ORDER Mayor Bass called the adjourned meeting of the Town Council of the Town of Tiburon to order at 8:05 PM, Monday, April 6, 1981, in the Town Council Chambers, Reed School, Room 9, Tiburon, CA. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass EX-OFFICIO: Town Manager Kleinert, Town Attorney Conn, Town Engineer Bala, Director of Community Development Hanna, Supt. of Public Works Brunini, Chief of Police Bailey, Minute Clerk Stultz ABSENT: COUNCILMEMBER: Hanson F. PUBLIC HEARINGS 4. AMENDMENT TO MASTER AND PRECISE PLAN (Milt McDonough, Angel Island Facilities, Ordinance 1st reading) Director of Community Development Hanna stated this master and precise plan amendment application is to provide portable storage units on the dock at 21 Main Street. The original application called for storage units 8' high. The Planning Commission felt the main storage should not exceed the height of the railing, but the ticket booth was acceptable at 8'. Withtllls modification the Planning Commission recommended approval upon the condition that the applicant open up the passageway between Sabella's and the Ferry. Mayor Bass opened the public hearing. Mr. McDonough, applicant, stated he would be willing to open up the walkway while the ferry is running and then lock it during non-running hours. Mr. McDonough expressed his concern over vandalism during the night. Mr. McDonough stated he would put up a 4' gate at the end of the pier similar to the construction of the fence. Moved: Vote: delete condition #6 of the ordinance and add new condition #6 stating "A gate shall be installed on the fence between the ferry dock and Sabella's to insure pedestrian passage along the water front, the gate shall be kept open during all normal operating hours. Bass, seconded by Bergsund AYES: Edelstein, Bergsund, Rockey, Bass ABSENT; Hanson MOTJON: MOTION: Moved: Vote: to read by title only Bergsund, Seconded by Rockey AYES: Edelstein, Bergsund, Rockey, Bass ll.BSENT: Hanson .t-1A.yor Bass read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE MASTER PLAN FOR 21 MAIN STREET". MOTION: Moved: Vote: approve first reading Edelstein, Seconded by Rockey AYES: Edelstein, Bergsund, Rockey, Bass ABSENT: Hanson G. BUSINESS 5. PRIVATE ROAD IMPROVEMENTS (Vista Del Mar, Proposed Repairs by Adjacent Residents and Dedication to Town) 'own Manager Kleinert reviewed the proposal by certain residents in ~ Tiburon to repair Vista Del Mar, a private road, and then dedicate -oad to the Town. In this proposal the residents would pay up-front the amount of repairs, and then 50% one year later. "IL MINUTES #557 APRIL 6, 1981 PAGE ONE Town Manager Kleinert stated these repairs will not change the drainage patterns or characteristics of the road. The Town Engineer's esimtate for these improvements is $6,476 based on Maggoria & Ghilloti's estimate. The Town Engineer feels a lower estimate could be obtained. Mr. Nat Marans stated the road is in need of repairs, but expressed his concern over the road being raised 2~" which would cause water to pool in his carport. Mr. Marans stated any imp~ovements to Vista Del Mar should include protecting his carport from flooding. Mr. Marans also stated he felt the full price for improvements should be collected before the work commences. Mr. Jim Green stated with the higher estimate price he would like to consult with Mr. Meyer a resident on vista Del Mar and highway engineer. Mr. Green stated all the neighbors are willing to participate. Mr. Almo DeMartini spoke on the proposal stating he is very much in favor of it and that three homes that are in the County will participate. Councilman Rockey stated because of the cost of improving the street- aEking for the full amount up-front could create a hardship on some residents. If all the money is not received, the project could not forward. If the second 50% one year later is not received, the street will not be accepted by the Town and will continued to be a liability to the owners. Council discussed the fact that in order for the Town to accept the road, the adjoining property owners must deed to the Town their portion of the road right-of-way. Mrs. Gene Marans stated the Town should review the long range liability of taking over the street. Council expressed their feeling that they would prefer the full amount of repairs to be paid up front and would like assurance from the Town Engineer that the drainage problems would not be magnified by the road improvemnets. The Council aslo felt a second estimate should be obtained. Mayor Bass suggested that the owners sign a hold harmless agreement which would protect the Town if some of the' homeowners are not happy with the outcome of the improvements. Council discussed collection of the final paYment and how the Town could be assured that payment will be made if the property is sold. Town Attorney Conn stated the Town could place a lien on the property. Moved: Vot~: the Town resolves that it will provide 100% of the money based upon: an estimate to be received from the Town Engineer and accepted by the property owners, the Town receiving 75% of the amount of the estimate, upon receiving sign releases and hold harmless agreements, upon receipt of a promise to pay and lien on each individual property for the remaining 25% in one year. After the Town receives 100% paYment the Town will agree to receive the dedication of the street. The responsibility for any quit claim deeds and title reports will be undertaken by the individual property owners. Rockey, Seconded by Bergsund AYES: Edelstein, Bergsund, Rockey, Bass ABSENT: Hanson MOTION: 6. NORMAN ESTATES SUBDIVISION (Consideration of Annexation to Town and formation of Assessment District) Town Manager Kleinert reviewed the annexation proposal of II units to the Town of Tiburon. The owner is now requesting the formation of an assessment district for certain improvements for the project. Town Manager Kleinert stated at the last meeting Council was concerned about accepting a street that does not meet Town standards. Staff recommends acceptance of the annexation and having the road remain private. The owner would put in the CC&R'S that drainage and roadway maintenance are the responsibility of the property owners. The County Planning Department will process the subdivision through the final map and then the Town would do the design review processing. The Council expressed their concern over the County planning subdivisions and then having them annexed to the Town. The Council requested that Staff insure that future annexation projects be processed in the same manner as the La Cresta project Council discussed the dedication of the roadway serving the project. Town Attorney ConTI stated the road has to be offered for dedication at the final map stage. Conn stated that the County will be approving thi~ final map, and the 'T'own should indicate to the' County that they reject the offer of dedication. Council requested the applicant offer for dedication a pedestrian easement over themad serving the project. MOTION: approve Staff's recommendations conditioned upon offering for dedication the roadway and a pedestrian easement over the roadway, authorize Staff to form an assessment district and the individual sites shall be reviewed the the Town's Board of Adjustments Moved: Vote: Bergsund, Seconded by Rockey AYES: Edelstein, Bergsund, Rockey, Bass ABSENT: Hanson 7. URBAN SERVICES STUDY (Planning Commission's Comments, Resolution) Council questioned why this Urban Services study was being prepared, and if it is being prepared to revise the Town's Sphere of Influence, the County should be made aware that the Town opposes any change to its present Sphere of Influence. Council questioned why traffic circulation is not included in the study. Council stated their concern that this study does not address which agency has'. the right to plana development if the development is unincorporated and in the Town~s Sphere of Influence. Council stated they Objected to the statement that 68% of Tiburon is yet to be developed and the Town is able to provide more moderate/low income housing than other cities. Council also objected to the stat~ent that services to the eastern side of the ridge could be provided by placing a road cut through and over the ridge. Council requested Staff to indicate to the County Planning Department that the Town is satisfied with the current sphere of influence and that this study is an unnecessary exercise. 8. TIBURON DESIGN GUIDELINES FOR HILLSIDE DWELLINGS (Review and Comment) Council felt Councilman Edelstein's comments should be incorporated into the guideline. Council also stated a disclaimer should be placed in the front of the document, and Mr. Malott's name should not be placed anywhere on the document. The Council indicated they felt this document will help alleviate some of the problems that arise at the Board meetings and should save the applicants money. J . ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Bass adjourned the meeting at 11:10 PM, Monday, April 6, 1981. sine die. PHILIP B. BASS, MAYOR Town of Tiburon ATTEST: R. L. KLEINERT, TOWN MANAGER/CLERK TOWN COUNCIL MINUTES #557 APRIL 6, 1981 PAGE THREE MINUTES OF THE TIBURON TOWN COUNCIL CALL TO ORDER Mayor Bass called the Regular Meeting of the Town Council of the Town of Tiburon to order at 7:40 P.M., Wednesday, 15 April 1981, in the Town Council Chambers, Reed School, Room 9, Tiburon, California A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass EX-OFFICIO: Town Manager Kleinert, Town Attorney Conn, Town Engineer Bala, Director of Community Development Hanna, Supt. of Public Works Brunini, Chief of Policy Bailey, Minute Clerk Nolan ABSENT: COUNCILMEMBER: Hanson B. APPROVAL OF MINUTES #556, I April 1981 The afore-mentioned Minutes are to be amended as follows: Page 2, 4th Para.: "Mr. Tom Roberts to read "Mr. Tom Robertson ...." II should be amended Page 2, 10th Para., 3rd line, should be amended to read: "Chairman Spratling stated that the Commission was convinced by the architect that the extension of " MOTION: Moved: Vote: to approve Minutes #556 of I April 1981, as amended Rockey, Seconded Bergsund AYES: Unanimous ABSENT: Hanson #557, 6 April 1981 The afore-mentioned Minutes are to be amended as follows: Page 2, 1st Para., 2nd line, should be changed to read: "Town Engineer Bala's estimate ...." Page 2, 4th Para., should be changed to read: "Mr. Elmo DeMartini ...." Page 3, Line Item No.8, 3rd line should be changed to read: "placed in the front of the document, to be reviewed by the Mayor, . . . . " Page 2, 5th line of the Motion, change the first word "sign" to read "signed". MOTION: Moved: Vote: to approve Minutes #557 of 6 April 1981, as amended Bergsund, Seconded Edelstein AYES: Unanimous ABSENT: Hanson C. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES Mayor Bass recommended the following nominees to the Tiburon Hou8ing Committee: Joan Bergsund, Dennis Rockey, Gary Spratling Sherry Brooks, Helen Sanford, Kay Flowers,Margarita Lacey and Al Barsimanto. Mayor Bass envisions a 9-member Committee. TOWN COUNCIL MINUTES #558 15 APRIL 1981 PAGE ONE Councilman Rockey requested that the meeting orginally scheduled for for April 16th be continued. Town Manager Kleinert agreed to check with Martha McCart later in the evening and report back. D. PUBLIC QUESTIONS AND COMMENTS Mrs. JoAnn Cooper requested that the Council defer the consideration of the MR-Mixed Residential Ordinance for at least one month to allow the residents to be apprised of the intended action. Mayor Bass hoped the "Ark" and the "Independent Journal" would give coverage of the proposed ordinance which would generate public interest. Town Manager Kleinert urged anyone interested in serving on the Ferry committee to submit their names to the Mayor. To date there have been only two interested parties. Supt. of Public Works Brunini displayed a drinking fountain from McKegney Green which had been vandalized. Councilman Edelstein requested that research be done to locate drinking fountains that Imight be more "vandal-proof". Town Manager Kleinert suggested that the "Ark" might report on this problem so as to inform Tiburon residents to be alert to vandals. E. CONSENT CALENDAR MOTION: to approve the consent calendar consisting of: 1. FINANCE REPORT (March 1981) 2. POLICE REPORT (March 1981) 3. ENCROACHMENT PERMIT (Revocable Permit for Cardeck, 2140 Centro East) 4. TRANSITION OF CETA &~PLOYEE TO TEMPORARY POSITION THROUGH JUNE 30, 1981 (Dept. of Community Development) Moved: Vote: Bergsund, Seconded by Rockey AYES: Edelstein, Bergsund, Rockey, Bass ABSENT: Hanson F. PUBLIC HEARINGS 6. APPEAL OF B.A.R. DECISION (Avenida Miraflores Unit II, Lot.lO) Director of Community Development Hanna informed the Council of the background of the Appeal by the Applicant, Billie Jo Mouren, of the Board of Adjustments and Review's decision regarding her property located at 173 Avenida Miraflores. Ms.. Mouren advised the Council of the modifications which had been made to date pursuant to the Board's instructions. Ms. Mouren voiced her objections to the following Board modification requests: (1) that the top floor be moved back; this would impair the views from each room, as well as the solar system's effect on the lower livingroom area, (2) deck landscaping/ permanent planter boxes, applicant will make every effort to maintain these plants but cannot guarantee success; (3) flat roof - there are other in development with flat roofs; (4) wood exterior (stained redwood), Councilman Edelstein suggested wood shingles to which the applicant agreed. Ms. Mouren stated she has been before the Board twice since November and urges the Council uphold the appeal so she can proceed with her home. Mr. Stone Coxhead, Board member, advised that he has gathered further information since the Board's decision making meeting in March (at which the applicant was not present to respond to the Board's questions) and now concurs with Mr. Hanna's recommendation that it be resolved at this meeting. Mr. Ted Kreines, Board member, representing himeself in this statement, advised that Ms. Mouren had made a good-faith effort to comply with the Board's modification requests. Mr. Krienes urged the Council to grant the appeal. Council discussed Staff's recommednations and added a condition relating to colored concrete and wood siding. After a through discuss~on the Council took the following action: MOTION: Moved: Vote: that the second filing fee for the appeal be waived Edelstein, Seconded by Rockey AYES: Edelstein, Bergsund, Rockey, Bass ABSENT: Hanson MOTION: Moved: Vote: that the Town Council upholds the appeal and approves the single family dwelling subject to the following conditions: 1) Some planters on the down hill side be permanently designed to break up the apparent length of the building. 2) A full landscaping plan including an irrigation system be presented to Staff for Review and approval. 3) Unless unusual circumstances dictate, fences should not follow the property line but should be unobtrusively located and as close to the house as possible without unreasonably limiting the property owners enjoyment of the property. 4) The final color of roof material and siding shall be reviewed and approved by the Lands and Development COffi.'!li ttee Edelstein, Seconded by Bergsund AYES: Edelstein, Bergsund, Rockey, Bass ABSENT: Hanson 5. AMENDMENT TO MASTER & PRECISE PLAN (Milt McDonough, Angel Island Facilities, Ordinance 2nd reading, Resolution) Director Hanna stated the matter was given first reading at the previous Council meeting and it comes on now for second reading and adoption. MOTION: Moved: Vote: MOTION: Moved: Vote: MOTION: Moved: Vote: that condition No. 6 of the Ordinance and resolution be modified to read "A gate shall be installed in the fence between the ferry dock and Sabella's to ensure pedestrian passage along the waterfront and the gate shall be kep open during the hours of 10:00 AM and 5:00 PM, minimum. Edelstien, Seconded by Rockey AYES: Edelstein, Bergsund, Rockey, Bass ABSENT: Hanson approve second reading of the ordinance Bergsund, Seconded by Rockey AYES: Edelstein, Bergsund, Rockey, Bass ABSENT: Hanson adopt resolution Bergsund, Seconded by Rockey AYES: Edelstein, Bergsund, Rockey, Bass ABSENT: Hanson 8. MASTER PLAN (Del Madera Properties, Middle Ridge Area-Gilmartin Drive, Ordinance 1st reading) Director of Community Development Hanna explained that based on development of the maximum number of units allowed (including Del Madera and the adjacent vacant parcels), there would be a 52% increase in traffic at Roundhill and a 42% increase with the minimum development. At Gilmartin Drive there would be a 188% increase at maximum development and a 158% increase at minimum. Town Engineer Bala described three examples of constructing sidewalks on Roundhill Road. He suggested straightening the curve in front of #150, which would require rebuilding the driveway (pending approval of the owner). He further suggested that a traffic island be constructed at the intersection of Mt. Tiburon and Roundhill Rd. Total cost, including the island, would be $150,000. Staff noted the applicant has revised the Master Plan by letter stating Del Madera offers to pay $55,000 per unit for five (5) units for moderate income housing as an in-lieu fee rather than constructing moderate income housing. Martha McCart of Del Madera Properties explained the contour maps showing three separate retaining walls at 3 to 4 feet each. She explained that the master plan originally had three houses next to the Flanagan property and that one had been removed at the request of the Planning Commission. The remaining two houses are critical to the project and can be constructed without obstructing the view. Del Madera Properties proposes to clear a path going around houses so that pedestrians would not have to walk on the road. Mayor Bass opened the public hearing. 2l.PRTT. 1 c; _ 1 qRl PAGE THREF. rTV"'\T..r1l.T i""',....TTlI.Ti""' TT UT1\TTTTTlk'C # l; l; Q Mr. Bruce Moody, 88 Roundhill Road, commended the developer on its plan but opposes approval of this project by the Council if it will connect to Roundhill Road. Mr. Warren McQuary, Tarra Hill Rd., expressed his concern about safety with regard to pedestrians if there is a 30-40% increase in traffic on Roundhill Road. Mr. Robert King stated he approves of the plan if Gilmartin Road is used for access to the project. He opposes the use of Roundhi11 Road in that there is present development going on and further development will increase the traffic (i.e. refuse service, pool service, guests, etc.) Sidewalks are a commendable idea but would change the character of the area. -Mr. Cha es Sofnas, 75 Roundhill Road, stated that the highest density of traffic is during the commute hours and does not feel that straightening the suggested curve will solve the problem. Mr. Tom Cowley, addressed the problem of the construction traffic that will be generated for the next 5 to 10 years. Dr. Samilson, Pres. Mt. Tiburon Property Owner's Assoc., stated the Association members are opposed to the extension of Roundhill Road and the Board of Directors has decided to file an injunction to prevent the extension. Mr. Harold Parker, questioned why the Council will not recognize that there seems to be a unanimous opposition to the extension of Roundhill Road. M~s. Thelma McCune stated the extension of Roundhill Road would ruin the integrity of the neighborhood as it presently exists. Mayor Bass closed the Public Hearing. Ms. McCart advises that the homes are approximately 100 feet apart and that the Planning Commission will have the final approval on the specifications of each lot. MOTION: Moved: Vote: MOTION: Moved: Vote: That there be no extension of Roundhill Road but rather an extension of Gilmartin Drive Rockey, Seconded by Bergsund AYES: Edelstein, Bergsund, Rockey, Bass ABSENT: Hanson that the Del Madera Properties letter received 15 April 1981 be incorporated in the Ordinance under Section l(b), which makes it part of the Master Plan Item No. 8 of that Section. Rockey, Seconded by Bergsund AYES: Edelstein, Bergsund, Rockey, Bass ABSENT: Hanson Mayor Bass recommended that the Council approve the Master Plan, subject to the Precise Plan allowing for one unit from Cluster C to be moved to another suitable location. MOTION: Moved: Vote: MOTION: Moved: Vote: that one unit in Cluster C be moved and the location to be determined at the Precise Plan stage Edelstein, Seconded by Bergsund AYES: Edelstein, Bergsund, Rockey, Bass ABSENT: Hanson Amend 14(a) of the Ordinance to include "improvement of" and connection of paths and trails within the project and on adjacent properties Bergsund, Seconded by Rockey AYES: Edelstein, Bergsund, Rockey, Bass ABSENT: Hanson Councilman Rockey recommended that Paragraph 4 of the ordinance be amended with the third sentence to read "Specific measures to be complied with using the numbers...." MOTION: pass first reading as amended Moved: Bergsund, Seconded by Rockey mf"'\f.r"l nf"'\T'T"Tn TT ..T'-TrTrnT"71l..... 1L ,.. r- n Vote: AYES: Edelstein, Bergsund, Rockey, Bass ABSENT: Hanson 8. AMENDMENT TO MASTER & PRECISE PLAN (Cibrian Project, Paradise Drive & Taylor Road, Ordinance lst reading) Director Hanna reviewed the revised master and precise plan application stating the Council had approved 11 lots with seven to be built upon now and the other four when alternate access is provided. The applicant is requesting Council to allow all eleven lots to be built upon. This proposal is based upon the applicant providing a water tank on Ring Mountain to improve the poor water pressure in the Taylor Road area. Council discussed the disposition of the open space and recommended it be dedicated to the Town. The appl~cant is also requesting a one year time exention for the preparation of their final map. Ring Mountain Limited set a letter stating they are in agreement with the concept of an easement for the water tank, but the specific location is to be determined. Mrs. Polly Smith voiced her opinion that a water tank would be necessary regardless of the proposed development and the neighborhood supports the applicants new proposal. Moved: Vote: to appove first reading of Ordinance No. 228 N.S., as amended deleting M and N of the Ordinance Rockey, Seconded by Bergsund AYES: Edelstein, Bergsund, Rockey, Bass ABSENT: Hanson MOTION: Director Hanna stated if the open space is to be dedicated, it should be noted so and appear on the final map. If it is to be an easement, the lot line should be extended. G. BUSINESS There were no business items at this time. H. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS There were none at this time. I. OTHER COMMUNICATIONS Town Manager Kleinert reported the cost estimate by CAL/TRANS for the Greenwood Beach Road traffic signals have been reduced from $50,000-60,000 to $30,000, including engineering. CAL/TRANS has cut out the second stage dealing with the traffic signals. Cal/Trans would like a letter from the Town expressing agreement in concept with the understanding that the estimate will be reduced. J . ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mayor Bass adjourned the meeting at 12:25 AM, Thursday, April 16, 1981, sine die. PHILIP BASS, MAYOR Town of Tiburon ATTEST: R. L. KLEINERT, Town Manager/Clerk TOWN COUNCIL MINUTES #558 April 15, 1981 Page Five CORRECTED MINUTES TOWN COUNCIL CALL TO ORDER Mayor Bass called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 PM, Wednesday, May 6, 1981, in the Town Manager's Office, Town Hall, Tiburon, CA. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund<, Rockey, Hanson, Bass EX-OFFICIO: Town Manager Kleinert, Town Attorney Conn CLOSED SESSION Mayor Bass adjourned the meeting to Closed Session at 7:40 PM for the purpose of discussing current and pending litigation. REGULAR MEETING Mayor Bass reconvened the regular meeting of the Town Council at 8:10 PM in the Town Council Chambers, Reed School, Room 9, Tiburon, CA. PRESENT: EX-OFFICIO: Supt. of Public Works Brunini, Town Engineer Bala, Director of Community Development Hanna, Chief of Police Bailey, Deputy Town Treasurer Nadritch, Minute Clerk Stultz B. APPROVAL OF MINUTES There were none at this time. C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES There were none at thlS time. D. PUBLIC QUESTIONS AND COMMENTS Mrs. Jean Leverte, Buckeye Road, Belvedere, stated her concern of pedestrian safety at the Rockhill Road intersection. Her son was struck by a motorist during the weekend while he was on his bicycle crossing Tiburon Blvd. Mrs. Leverte stated she feels the time has come to do something with this intersection. The Town Council explained the Town has received a $55,000 matching grant from UTF for improvements to this intersection whlhch would improve;:ithe vertical and horizontal sight distances. The Town is counting on SP for the other $55,000. Council requested this item be adgendized for the May 20th meeting and that a CAL/TRANS representative be asked to attend. E. CONSENT CALENDAR Councilman Bergsund asked that the Traffic Safety Committee Report be pulled off the consent calendar for discussion. MOTION: approve the consent calendar consisting of: 1. RECORDATION OF PARCEL MAP (Kahn Subdivision, Resolution #1152) Moved: Vote: Rockey, Seconded by Hanson AYES: Unanimous F. BUSINESS 3. MAR WEST STREET TRAFFIC CIRCULATION MODIFICATIONS (Intention to Vacate Public Street in Vicinity of TPC, Resolutuion) Town Manag~r Kleinert reviewed the government code for vacating ~ public street. The Planning Commission has reviewed the proposed street modification and recommends that the Town Council take no action until the Beach Road extention has been completed and new traffic counts taken for the new circulation. The Town Council's Lands and Development Committee has met several times with TPC representatives regarding this matter. The Town Engineer's preliminary evaluation indicates the benefits out-weigh the negative impacts in this proposal. The Town Engineer does indicate that provisions would have to be made for emergency vehicles and driveway access. 'l1flT.ThT ('nTn.lro TT UTlI.1Tlmk'C' ~ ~ ~ a M~ V h 1 Q ~ 1 PAGF. ONE During the Lands and Development Committee meetings with TPC representatives certain benefits were explored, those being safety on that portion of the road; development of a pedestrian path to the upper ridge area; limited use of Judge Field; and stock piling of marsh spoils during the restoration program. The Town has received letters of opposition from the Lyford Cove/Old Tiburon POA and the Hill Haven POA. Mayor Bass stated the Town has an agreement with TPC in which the Town would hold public hearings to determine if it would be appropriate to permit the cul-de-sacing and if it is determined cul-de-sacing would be appropriate, TPC would allow the Town to restore part of the marsh which is on their property and be incorporated in the flood control plan. If it is not appropriate to cul-de-sac Mar West Street, TPC has agreed to sell that portion of the Marsh to the Town for restoration, which the Town will receive money from Southern Pacfic to buy the property. MOTION: approve the resolution of intention and that the regular meeting of June 17, 1981, be the public hearing date Moved: Bergsund, Seconded by Rockey Councilman Hanson recommended that TPC representatives meet with the effected homeowner groups and try to sell this program VOTE: AYES: Unanimous Mayor Bass called for a recess at 9:10 PM and reconvened the meeting at 9:20 PM. G. PUBLIC HEARINGS All public hearings were continued to Monday, May II, 1981. H. MAYOR'S COMMENTS & RECOGNITION OF SERVICE OF FORMER TOWN OFFICIALS Mayor Bass reviewed the highlights of 1980-81 mentioning, 1) the -undergrounding of utilities on Tiburon Blvd., 2) approval of the SP Tentative Map which provides significant benefits to the Town, 3) formation of the Tiburon Blvd. Improvement Fund, 4) Review of the Harbor Carriers rate increase application and a successful accommodation of that increase, 5) Phase II improvements to the Stone Tower, 6) approval of the SASM project which will provide for rip-rap protection of the shoreline, 8) approval of numerous master pla:ns.., 9) Main Street closing policy and the formation of a citizens advisory committee, 10) a number of Board of Adjustment appeals, II) review of the housing element, 12) completion of the Bradley House, and 13) approval of the 1980-81 Town Budget. Mayor Bass commended the various Boards and Committees for their fine work and gave special recognition to the Lands & Development Committee (Edelstein and Hanson) and the Public Services Committee (Rockey and Bergsund) . Mayor Bass thanked his wife for her support. Mayor Bass then reviewed projects for 1981-82 highlighting 1)' working in processing the completion of the SP design review, 2) Tiburon Blvd. traffic improvements, 3) confronting the Ring Mountain and Highlands Master Plan applications, 4) Del Madera and Agins master plans and precise plans, 5) implementing the South of the Knoll Master Plan, ,6) reviewing a Master Plan for Blackie's Pasture. Mayor Bass then gave special recognition to past members of the various Boards and Commissions, who are non-paid volunteers. Recognition was given to: Art Gimmy, Al Barsimanto, Gerald Elbert and Nicholas Forell for service on the Planning Commission; Knowles .~ll, Anthony Valaitis and Drue Ge~sler for service on the Board f Adjustments, Al Vangelos and Kay Flowers, Park and Recreation Committee; Marian Stine, Betty Dipple and Gordon Strawbridge, Heritage Commission; Marilyn Roan and Muffin Nelson, Fine Arts Commission; Dee Moss, Tiburon Ecumenical Association and John McKelvie for 10 years of service in the Public Works Department. Gordon Strawbridge gave special recognition to Gene Marans for her dedicated service on the Heritage Commission. Mr. Al Barsimanto gave special recognition to Town Staff. TOWN COUNCIL MINUTES #559 MAY 6, 1981 PAGE TWO Nick Forell thanked Staff and recommended to the Tiburon Citizens to get involved as he met alot of people and made alot of friends while learning about the local government process. I. ELECTION OF ~ffiYOR AND MAYOR PRO-TEMPORE (1981-82) Town Manager Kleinert took the Mayor's chair and opened nominations for Mayor MOTION: Moved: elect~Kirk Hanson as Mayor for 1981-82 Rockey Seconded by Edelstein MOTION: Moved: to close nominations Bergsund, Seconded by Rockey Town Manager Kleinert stated by acclamation Kirk Hanson has been elected Mayor of the Town of Tiburon for 1981-82 Mayor Hanson opened nominations for Vice-Mayor. MOTION: Moved: nominate Dennis Rockey as Vice Mayor Bergsund, S conded by Bass MOTION: Moved: close nominations Bergsund, Seconded by Edelstein Mayor Hanson announced by acclamation Dennis Rockey has been elected Vice-Mayor for 1981-82. Mayor Hanson thanked eveyone for giving his the opportunity to serve as Mayor for 1981-82. Councilman Edelstein, Rockey and Bergsund thanked Phil Bass for serving as Mayor for 1980-81, and commended him on a job well done. J . ADJOURNMENT Mayor Hanson adjourned the regular meeting of the Town Council of the Town of Tiburon at 9:45 PM, Wednesday, May 6, 1981, to Monday, May II, 1981, at 7:30 PM in the Town Council Chambers, Reed School, Room 9, Tiburon, CA. ~d-- KlIRK HANSON, MAYOR Town of Tiburon ATTEST: ~~ /" /G ..../ ..... R. I~ KL -I~~R. ,/Town Manager/Clerk TOWN COUNCIL MINUTES #559 MAY 6, 1981 PAGE THREE MINUTES CORRECTED TOWN COUNCIL CALL TO ORDER Mayor Hanson called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:40 PM, Monday, May II, 1981, in the Town Council Chambers, Reed School, Room 9, Tiburon, CA. A. ROLL CALL PRESENT: COUNCILMEMBERS: Bergsund, Rockey, Bass, Hanson EX-OFFICIO: Town Manager Kleinert, Town Attorney Conn, Director of. Community Development Hanna, Town Engineer Bala, Chief of Police Bailey, Supt. of Public Works Brunini, Minute Clerk Stultz ABSENT: COUNCILMEMBERS: Edelstein B. APPROVAL OF MINUTES #558 - April 15, 1981 Page 2, line two, change continued to "held" MOTION: Moved: Vote: to approve minutes #558 of April 15, 1981, as amended Rockey, Seconded by Bergsund AYES: Unanimous ABSENT: Edelstein C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES Mayor Hanson announced the appointment of Dr. Joseph McCarthy to the Tiburon Fine Arts Commission. D. PUBLIC QUESTIONS AND COMMENTS There were none at thlS tlffie. E. CONSENT CALENDAR Council discussed the Traffic Safety Committee's recommendation to limit parking on downtown Main Street to commercial vehicles on weekdays from 6:00 AM to 6:00 PM. Town Manager Kleinert stated this is just a suggestion and if the merchants are not agreeable to this recommendation, it will not be implemented. MOTION: approve the consent calendar consisting of: 1. POLICE RERORT (April 1981) 2. MARIN COUNTY MAJOR CRIMES TASK FORCE (Request for Continuation of Support) 3. TRAFFIC SAFETY COMMITTEE REPORT (April 1981) Moved: Vote: Bass, Seconded by Rockey AYES: Unanimous ABSENT: Edelstein F. PUBLIC HEARINGS 4. Master Plan (Del Madera Properties, Middle Ridge Area - Gilmartin Drive, Ordinance 2nd reading) Director of Community Development Hanna reviewed the master plan application for 31 units on the middle ridge area, with the possibility of two additional units at the precise plan stage if the applicant can demonstrate the impacts of the additional unit(s) can be nitigated. Martha McCart, representing the applicant, stated one additional units may be placed in cluster liE" and one in cluster "B" if the Planning Commission and Town Council are satisfied the impacts have been mitigated. She stated they will be looking very carefully at each cluster while preparing the precise plan and sites may be moved slightly in each cluster where appropriate. Mayor Hanson opened the public hearing. TOWN COUNCIL MINUTES #560 MAY II, 1981 PAGE ONE Being no response from the audience, Mayor Hanson closed the public hearing. Councilman Bergsund requested that the letter from the Parks and Recreation Chairman, dated April 22, 1981, be incorporated into the master plan ordinance, Condition 14(f). Director Hanna stated the design manual has been incorporated into the master plan ordinance, so that when an individual lot is sold the owner would have to abide by those requirements stated in the manual. The design manual will also be incorporated into the development's CC&Rs. MOTION: Moved: Vote: to incorporate the Parks & Recreation letter into the master plan ordinance; revise condition A.l. to read "Development shall be restricted to a maximum of 31 lots, as generally shown on exhibit "A", the general location of one such unit having not been established at this time on exhibit "A" shall be established at the time of the precise plan by the Planning Commission and Town Council. Two additional lots may again be included, with specific locations at the precise plan stage;....." Approve second reading of the Master Plan ordinace as amended Rockey, seconded by Bass AYES: Bergsund, Rockey, Bass, Hanson NOES: None ABSENT: Edelstein Councilman Bergsund noted there will be a fire road connection of Roundhill Road and Gilmartin Drive. Council questioned if there has been any mention of a time extension on the processing of the plan. Director Hanna stated there has not been any mention to date. 5. AMENDMENT TO MASTER AND PRECISE PLAN (Cibrian Project, Paradise Drive and Taylor Road, Ordinance 2nd reading, Resolution) Director of Community Development Hanna reviewed the master and precise plan amendment application requesting that the applicant be able to -construct on all II lots in the development, and for that consideration the applicant will provide a water tank to serve this area. The applicant is also requesting a one year time extension for filing of the final map. Mr. Abbass Bazgar, applicant, stated he is requesting the one year time extension because the water tank will not be able to be constructed until the spring, which will dealy the filing of the final map. Council discussed the open space and questioned if it will be dedicated or be an easement. Mr. Bazgar stated the open space land will be dedicated to the Town as indicated on the master plan map. Mayor Hanson opened the public hearing. Being no response, Mayor Hanson closed the public hearing. MOTION: Moved: Vote: to read by title only Rockey, Seconded by Bergsund AYES: Unanimous_ ABSENT: Edelstein Mayor Hanson read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE CIBRIAN MASTER PLAN FOR THE DEVELOPMENT OF 18 ACRES OF LAND OFF TAYLOR ROAD AND PARADISE DRIVE". Council requested that condition A.I.a. of the Ordinance be amended to read "Applicant shall post cash, bond or other instrument...." ')TION: loved: Vote: MOTION: Moved: Vote: to lapprove second reading of the ordinance as amended Rockey, Seconded by Bergsund AYES: Bergsund, Rockey, Bass, Hanson NOES: None ABSENT: Edelstein approve the resolution as amended Bergsund, Seconded by Bass AYES: Unanimous ABSENT: Edelstein TOWN COUNCIL MINUTES #560 MAY 11, 1981 P AGE TWO 6. CODE AMENDMENT RELATING TO MINOR SUBDIVISIONS (Amendment to Chapter 14 of Municipal Code, Ordinance lst reading) Director of Community Development Hanna reviewed the amendment which would allow the Town Engineer to accept or reject offers of dedication on behalf of the Town for minor subdivisions. The amendment also provides that when a minor subdivision is master and precise planned by the Planning Commission and Town Council, the Town Engineer can review and approve the map instead of going before the Board of Adjustments as is presently done. Mayor Hanson opened the public hearing. Mrs. Thelma McCune spoke on the amendment stating she feels the Town Council should be the body to accept or reject the offer of dedication and review the tentative and final maps of minor subdivisions. MOTION: Moved: Vote: to read by title only Bergsund, Seconded by Rockey AYES: Unanimous ABSENT: Edelstein Mayor Hanson read flAN ORDINANCE OF THE TOWN OF TIBURON AMENDING CHAPTER 14 OF THE TIBURON MUNICIPAL CODE RELATING TO MINOR SUBDIVISIONSfI. MOTION: Moved: Vote: approve first reading Bergsund, Seconded by Rockey AYES: Bergsund, Rockey, Bass, Hanson NOES: None ABSENT: Edelstein 7. TENTATIVE MAP (85 Roundhill Road, Norwitt Brady, Resolution) Director of Community Development Hanna stated the Town Council has already approved the master and precise plan for this development. During those hearings the Council conditioned the approval stating no lot was to be less than 10,000 sq.ft., and the building envelbpes be based on a 2,500 sq. ft. building. The applicant has revised his map with no lot. being less than 10,000 sq. ft. but feels that 3,000 sq.ft. buildings plus garages are appropriate. Lots 2, 3, 4, and 5 will be submitted to the Board of Adjustments at one time. The Board of Adjustments feel 3,000 sq. ft. homes are appropriate if they are built into the hill- side. Mr. Steve Cashin, applicant, stated there are no problems with submitting the design drawings for the four lots at once, and explained the homes Nould be difficult to market if they were limited to 2,500 sq. ft. Mayor Hanson opened the public hearing. Mr. Ken Frost, engineer, stated the plan is a very good plan, and the only location the sites are visible from is Lyford Drive. Mr. Sofnas, stated he has no objection to the general plan, but his concern is that the set back from lot #1 to his house is suppose to be 25' but the map indicates 22'. Mr. Cashin stated that was an error and the set back will be 25'. Mrs. Thelma McCune, stated her concern over the massivness of the homes at 3,000 sq. ft. Mr. Bird stated the applicant has done an excellent job, but he is also concerned with the massivness. Mayor Hanson closed the public hearing. Juncil discussed the pedestrian easement and ascertained it did ~onnect with the path the children now use to get to Reed School. Council discussed the condition of limiting the homes to 2,500 sq. ft. and felt that the applicant could be given more square footage to work with. Mr. Bran Fanning stated the 2,500 sq. ft. limitation came from when the Town had approved eight lots. TOWN COUNCIL MINUTES #560 MAY 11, 1981 PAGE THREE Council amended condition 3 of the resolution to read "The applicant utilize flexibility in design to avoid a massive appearance~ and Condition 6 to read "The square footage of each home is left to the discretion of the Board of Adjustments and Review, with no one unit to exceed 3,000 sq. ft. excluding garages~ MOTION: Moved: Vote: to approve the tentative map resolution as amended Rockey, Seconded by Bergsund AYES: Bergsund, Rockey, Bass, Hanson NOES: Edelstein 8. GENERAL REVENUE SHARING (1981-82 Allocation Program) Town Manager Kleinert reviewed the General Revenue Sharing program, stating the Town Council should open the public hearing to see how the public feels the Town's revenue sharing funds should be allocated. Hanson Mayor ~ opened the public hearing. Mr. Bran Fanning stated he has great trust in the Council and would leave the decision of how to spend these funds to the discreation of the Council. Council discussed using some of the funds for the East View slide repairs and Blackie's Pasture precise plan. Items 9, 10, and 11 were continued to the May 20th meeting. G. BUSINESS There were no business items at this time. H. TOWN COUNCIL, COMMISSION, COMMITTEE ORAL REPORTS Town Manager Kleinert reported the Ring Mountain clean up has been scheduled for June 6th. Council gave its support to the southern end ofi the Golden Gate Bridge to serve as the boundary line for the congressional and legislative district. Council requested staff to prepare a letter to the Board of Supervisors requesting that they not delete the ~~Humane Society's dead wildlife pickup on public property from their services. ADJO.DRNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor BaSS adjourned the meeting at 10:35 PM, Monday, May II, 1981, sine die./ Hanson ~~ KIRK HANSON, MAYOR Town of Tiburon ATTEM~ R. L. KLEINERT, Town Manager/Clerk TOWN COUNCIL MINUTES #560 MAY II, 1981 PAGE FOUR MINUTES CORRECTED TOWN COUNCIL CALL TO ORDER Mayor Hanson called the regular meeting of the Town Council of the Town of Tiburon to order at 7:43 PM, Wednesday, May 20, 1981, in the Town Council Chambers, Reed School, Room 9, Tiburon, CA. A. ROLL CALL PRESENT: COUNCILMEMBERS: Bergsund, Rockey, Bass, Hanson EX-OFFICIO: Town Manager Kleinert, Supt. of Public Works Brunini, Town Engineer Bala, Director of Community Development Hanna, Chief of Police Bailey ABSENT: COUNCILMEMBER: EX-OFFICIO: Edelstein Town Attorney Conn B. APPROVAL OF MINUTES - #558, May 6, 1981 MOTION: Moved: Vote: to approve minutes #558 of May 6, 1981, as submitted Bergsund, Seconded by Bass AYES: Unanimous ABSENT: Edelstein #559, May II, 1981 Page 4, change Mayor Bass to Mayor Hanson MOTION: Moved: Vote: to approve minutes #559 of May 11, 1981, as amended Rockey, ,Seconded by Bergsund AYES: Unanimous ABSENT: Edelstein C. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES There were none at this time. D. PUBLIC QUESTIONS AND COMMENTS Town Manager Kleinert reported that the Town has protested the issuance of a Liquor License to the Harbor Light".based on certain noise problems being generated from the establishment. The Dept. of Alcholoic Beverage Control (ABC) wrote back stating this was an application for a transfer of the license and therefore the protest could not stop the issuance of the license. Since then ABC has indicated the Town could place conditions on the issuance of the license, and if not complied with by the owner, the license could be revoked. r ,..,1- ~ __.-L::. ..- . -.. Town Manager Kleinert stated he and Chief BaileY,have met on , several occasions with the owner of the Harbor Llght, Mr. ?o~lestanl, and since these meetings Mr. Gollestani has attempted to mltlgate the noise problem, and is willing to sign an agreement to the satisfaction of the Town in this regard. LU= LVWIl \....(Junc~~ reCC)fiunt:::nut:::u --c:nls 1 tern be agendized for the regular meeting of June 3, 1981, to allow the Town Attorney and Staff to prepare the conditions the Town would like to be placed on the liquor license. E. CONSENT CALENDAR Councilman Bergsund asked that item #2, Traffic Safety Committee Report, be pulled off the consent calendar for discussion. Moved: Vote: approve the consent calendar consisting of: I. FINANCE REPORT (April 1981) Rockey, Seconded by Bass AYES: Unanimous ABSENT: Edelstein 'OTION: TOWN COUNCIL MINUTES #561 MAY 20, 1981 PAGE ONE F. PUBLIC HEARINGS 3. CODE AMENDMENT RELATING TO MINOR SUBDIVISIONS (Amendment to Chapter 14 of the Municipal Code, Ordinance 2nd Reading) Director of Community Development Hanna reviewed the proposed amendments to the Municipal Code stating the amendments would allow the Town Engineer to accept or reject offers of dedication on behalf of the Town relating to minor subdivisions (4 lots or less). The amendment also allows for the Town Engineer to review and approve the Tentative Map for a minor subdivision which has been Master and Precise planned by the Planning Commission and Town Council, whereas the Tentative Map now goes before the Board of Adjustments. Director Hanna stated sometimes problems occur when the B.A.R. reviews the tentative map of a minor subdivision after Master and Precise Plan review the th~Q~lanning Commission and Town Council. The main problem is the Board ~~'being involved in the initial planning sometimes is not given the full background information, i.e. easements. Mayor Hanson opened the public hearing. Being no response, Hayor Hanson closed the public hearing. MOTION: Moved: Vote: approve Rockey, AYES: NOES: ABSENT: second reading of the ordinance Seconded by Bergsund Bergsund, Rockey, Bass, Hanson None Edelstein (No. 244 N.S.) 4. MASTER PLAN (Agins Property, Middle Ridge Area, Gilmartin Drive, Ordinance 1st reading) This item was continued to the regular meeting of June 3, 1981. 5. INCLUSIONARY ZONING (Provide Revisions for Moderate/Low Income Housing, Ordinance 1st reading, Negative Declaration of Environmental Impact) This item was continued to the regular meeting of June 3, 1981. 6. NEW ZONING DISTRICT (Multiple Single Family, MR-Mixed Residential, Ordinance 1st reading, Negative Declaration of Environmental Impact). This item was continued to the regular meeting of June 3, 1981. G. BUSINESS 7. ~mIN STREET CITIZENS ADVISORY COMMITTEE REPORT (Review and Discussion of Committee Recommendations) Mr. Alvin Kuhn, Chairman of the Main Street Citizens Advisory Committee, stated the Committee's recommendation to not close Main Street for any event was based on the fact that no one appeared before the Committee to advocate the closing of Main Street. In fact, the -Committee which was composed of Tiburon residents and Downtown merchants was in complete unanimity over the recommendation not to close Main Street. The committee felt that any tour group over 100 participants should be required to obtain a permit, which would simply alert the Police Department that a crowd is coming, and the appropriate measures taken. The Committee felt that 1,200 should be the maximum number of participants allowed at anyone time. This figure was based on the Police Chief's feeling that the Town could handle this amount with little difficulty. The Council expressed their concern that a group of 100 obtain a permit i.S to low, in view of the Harbor Carriers Thursday evening champagne cours which come into Downtown with no problems. The Council recommended increasing the number to 300-500. Council questioned if an ordinance would need to be adopted to set up the permit requirement. Council recommended Staff contact the Town Attorney for his opinion. Council requested this report be drafted into and adopted as Town policy. MOTION: accept the Main Street Citizens Advisory Committee's report TOWN COUNCIL MINUTES #561 MAY 20, 1981 PAGE TWO Moved: Vote: Rockey, Seconded by Bass AYES: Unanimous ABSENT: Edelstein The Council commended the Committee for a job well done. 8. TIBURON'S EMERGENCY OPERATIONS PLAN (Citizen's Participation In Local Disaster Preparedness Program) Clark Danielson, Administrative Intern, stated the Tiburon Emergency Plan and Marin Operation Disaster Plan provide for Town Staff and supplemental group participation after a disaster, but does not address the issue of citizen participation. Tiburon Resident Mary Terrell has volunteered some of her time this summer to help further educate the Tiburon community on diaster planning. Mr. Danielson stated what he would like is the endorsement of the Town Council in this effort. Mr. Danielson then introduced Mary Terrell. Ms. Terrell explained that after a disaster the police and fire departments will be very busy and will not have time to help citizens. What is needed then is to educate; the Tiburon residents how to prepare for a disaster to help themselves and neighbors. Ms. Terrell stated she would like to go to the homeowner associations to try to get some involvement from the citizens. After volunteers are obtained hopefully some will be willing to take the Red Cross courses necessary to set up shelters. After taking the courses, the cost of supplies ,for the shelters are reimbursable. Mary Terrell then showed a film highlighting how to prepare for during and after an earthquake. Mayor Hanson recommended someone from the Police Department and Fire Department should be obtained for a committee. Councilman Bergsund volunteered to serve, and it was suggested that David Hanson be contacted for possible interest. Mayor Hanson called for a recess at 8:55 PM and reconvened the meeting at 9:05 PM. 9. PRELIMINARY 1981-82 MUNICIPAL BUDGET (Set Public Hearing Dates) Town Manager Kleinert reported the Council received the 1981-82 preliminary this evening and asked the Council to select the dates for public hearing on the budget. Council selected the dates of June lOth, June 22nd and July 1, 1981 for the public hearing dates. 2. TRAFFIC SAFETY COMMITTEE REPORT (May 1981) Council questioned the recommendation of installing a temporary walkway from Carlos O'Brian's to the Caprice Restaurant. Council requested Staff contact Southern Pacific to see what can be done with the path. H. OTHER COMMUNICATIONS 10. Letter From Sanitary District No.5, dated 5/6/81 (Request for Waiver of Fees) Town Manager Kleinert stated Staff's position regarding this request is that the Town waive all fees except those dealing with processing and administrat~on fees, and any fees charged be based on time and materials. Staff feels that the State will be closely inspecting the building and it is not necessary for the Town Inspector to also inspect the work. The only work that should be inspected is work ~at will be the Town's, i.e. street. Council concurred with Staff's recommendations. I. TOWN COUNCIL, COMMISSION, COMMITTEE ORAL REPORTS Councilman Bergsund reported on a meeting with RUSD representatives, Town officals and Staff, Al Aramburu and Terry Pierce regarding the Reedland Woods School playfield. It was the concensus of the group tha~ i/~X~tY~~/fY~~~/~~9YY~/9~/~~~~Y!r~1 the existing playfield shold be lmproved. mnT.-ThT r'nTTh....TT MT1\,TTTmk'C' .u t: c, ""7\ 'V 'I n , no, There is $16,000 available through the various agencies and as much work will be done to the field with the available money. The soccer and little leagues have agreed to maintain the field and a agreement stipulating this should be prepared. Town Manager Kleinert was directed to prepare a letter to the Irwin Memorial Blood Bank supporting the commeration of their 40th anniversary. Town Manager Kleinert stated he has received a letter from Don Comfort, President of the Tiburon Police Association regarding dedication of the police facilities in memory of Sergeant John Kim. Council requested that when a formal proposal is prepared that it be presented to the Council. Town Manager Kleinert reported that Council has received the final draft Agreement between the Town and SASM. Kleinert requested that any changes be submitted by next week. Council requested Councilman Bass to review the agreement for any changes. TownJ1a~~er Kleinert reported the Town has received a letter from Mr. i~Q~iV regarding the possiblity of a B.A.R. appea2 after the appeal deadline. Council considered the matter as closed as it is Town law that any appeals must be submitted within 15 days from the Board's decision. Director of Community Development Hanna reported there is a piece of CAL/TRANS property at the corner of Reed Ranch Road and Tiburon Blvd. that will shorly be declared surplus. Mr. Michael Kanyon is interested in obtaining this piece of property as he owns the smaller contiguous pieces. This would allow him to build a residence, as he has no access now. Councilman Bass suggested the Town obtain the property and then negotiate with Mr. Kanyon. J . ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Hanson adjourned the meeting at 10:05 PM, Wednesday, May 20, 1981, sine die. ~~ KIRK SON, MAYOR Town of Tiburon ATTESId1~ R. L. KLEINERT, TOWN MANAGER/CLERK TOWN COUNCIL MINUTES #561 MAY 20, 1981 PAGE FOUR MINUTES TOWN COUNCIL CORRECrED CALL TO ORDER Mayor Hanson called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 PM, Wednesday, June 3, 1981, in the Town Manager's office, Town Hall, Tiburon, CA. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass, Hanson EX-OFFICIO: Town Manager Kleinert, Town Attorney Conn CLOSED SESSION Mayor Hanson adjourned the regular meeting to closed session at 7:45 PM for the purpose of discussing current and pending litigation. REGULAR MEETING Mayor Hanson reconvened the Council for the regular business session at 8:10 PM, in the Town Council Chambers, Reed School, Room 9, Tiburon, CA. PRESENT: EX-OFFICIO: Supt. of Public Works Brunini, Town Engineer Bala, Director of Community Development Hanna, Chief of Police Bailey, Minute Clerk Stultz B. APPROVAL OF MINUTES #561, May 20, 1981 Page 1, 3rd paragraph change to read "Town Manager Kleinert stated he and Chief Bailey have met on several occasions with the owner of the Harbor Light, Mr. Gollestani, and since these meetings Mr. Gollestani has attempted to mitigate the noise problem, and is willing to sign an agreement to the satisfaction of the Town in this regard." Page 2, 2nd Paragraph, 4th line change no to not Page 3, last Paragraph, change last sentence to read "It was the concensus of the group that the existing play field should be improved". Page 4, 5th ParagraPh, change Tishner to Tischer MOTION: Moved: Vote: to approve minutes #561 of May 20th as amended Bergsund, Seconded by Rockey AYES: Unanimous ABSTAIN: Edelstein C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES Mayor Hanson announced the appointment of Russ Wischow and Bob Crosby to the Ferry Boat Transportation Committee. D. PUBLIC QUESTIONS AND COMMENTS Mr. Michael Kanyon requested Council's consideration of his proposal to purchase a portion of CAL/TRANS property at the corner of Reed Ranch Road and Tiburon Boulevard to provide access to the ajoining parcels he own~which are inaccessible at the present time. Mr. Kanyon asked for preliminary approval that a home could be built. Mayor Hanson recommended Mr. Kanyon proceed with the normal procedure to see if a home could be built on this property. Town Manager Kleinert noted this property is being de-certified by CAL/TRANS and with that procedure it would not be offered to the Town as surplus property. Town Engineer ~ala stated he had discussed the matter with Mr. Kanyon and based on the ~nversation if there would be no left hand turn from the driveway onto Reed Ranch Road a driveway could be installed and not be hazardous. However, specific details of the proposal should be reviewed to confirm that opinion. Council requested this item be agendized for the regular Council meeting of June 17, 1981. TOWN COUNCIL MINUTES #562 JUNE 3, 1981 PAGE ONE E. CONSENT CALENDAR Councilmember Bergsund requested that item 7 be moved to the Consent Calendar MOTION: approve the consent calendar consisting of: 1. CLAIM FOR PERSONAL INJURIES (J. Watt) 7. STATE PARKLANDS ACT OF 1980 (Consideration of Joint Powers Agreement with Marin County and Cities, Resolution #1156) Rockey, Seconded by Bass AYES: Unanimous Moved: Vote: F. PUBLIC HEARINGS 2. ROCK HILL DRIVE/TIBURON BOULEVARD INTERSECTION TRAFFIC IMPROVEMENTS Town Manager Kleinert reviewed previous meeting discussions regarding this matter, which pertained to poor sight distance and speeding in this area of Tiburon Bouelvard. CAL/TRANS has performed stop light warrant studies, and this intersection passed only one warrant. CAL/TRANS requires that ~~ warrants be met before they consider installing a stop light. ~L/TRANS has done a study for improvements to the sight distances at this intersection, which they estimated to cost 0ver $200,000. This estimate is over their project allocation sum and there- fore could not be funded by them. The Town Engineer has reviewed their proposal and cut the cost to approximately $120,000, which will improve both the vertical and horizontal sight distances. The Town has received a $55,000 matching grant from the Urban Thoroughfare funding program for these improvements. If the Town can come up with the remaining $65,000, the next step would be to submit the plan to CAL/TRANS for approval. CAL/ TRANS has already given conceptual approval of the Town Engineer's plans. Town Engineer Bala stated he has applied to CAL/TRANS for hazard elimination funds for this intersection, but the application was denied because there have not been enough accidents at this intersection. Town Manager Kleinert then introduced Bob Crockett of CAL/TRANS. Mr. Crockett explained that in terms of priority, Rock Hill Road intersection is very low. Mr. Crockett stated three warrants must be met to have CAL/TRANS install traffic signals. Even intersections that meet three warrants are not being improved by CAL/TRANS because of funding limitations. Mr. Crockett stated that the Town may pay for and install traffic signals if the intersection meets one warrant, which Rock Hill does. Mr. Crockett stated the last warrant study was done in November 1979. Town Engineer Bala reviewed his plan to improve the sight distances, which includes shaving the hillside to the right-of-way line and lowering the curve vertically before the intersection. Mr. Bala stated these improve- ments would be a treme~dous improvement over the present condition of this intersection. Mayor Hanson opened the public hearing. Mr. Max Graffe stated he agrees there are sight distance problems at this intersection, but speeding is also a major factor in the traffic and pedestrian safety. Mr. Graffee expressed his concern over the hillside being shaved away and bringing the traffic closer to his property. Town Engineer Bala stated though the hillside would be shaved the traffic would use the same lane alignment. Mrs. Spengler stated her opinion that there would be no safety problems at this intersection if people drove more carefully. Mr. Tom Leverte stated he felt CAL/TRANS should do traffic counts at this 'tersection for at least seven consecutive days to get a true indication _ the traffic and pedestrian flow. Mr. Crockett explained CAL/Tmu~S' method of counting traffic, which is done on the 30th hour and is just as effective as a tube count. Mayor Hanson I:X>inted out to Mr. Leverte that this type of traffic oount had been done several times as part of the SP EIRs. Mary Hobbs stated that she felt if a traffic light was placed at San Rafael Avenue and Tiburon Bouelvard there would perhaps be enough break in the traffic at Rock Hill Drive to help alleviate the safety problems. Father Johnson, St. Hilary's Chuch,,: stated the problem is so bad on Sundays that the Church several years ago offered to help pay for a police officer ~OWN COUNCIL MINUTES #562 JUNE 3, 1981 PAGE TWO to control traffic. Council then discussed how funQing the remaining $65,000 for sight distance improvements could be achieved. Council discussed Southern Pacific's Master Plan condition of providing monies to improve Tiburon Boulevard, of which $IOO,OOO was allocated for Rock Hill Road. Town Engineer Bala stated as soon as he is advised to proceed with the working drawings it will take approximately four months before the plan could be implemented. Mayor Hanson closed the pulic hearing. Council requested the Traffic Safety Committee to re-evaluate the matter of the Church paying for an officer to control traffic on Sundays. Council stated funding for the Town Engineer's recommended improvements to Rock Hill Road intersection shall be discussed during the 1981-82 preliminary budget hearings. Mayor Hanson called for a recess at 9:30 PM and reconvened the meeting at 9:37 PM. 3. MASTER PLAN (Agins Property, Middle Ridge Area, Gilmartin Drive, Ordinance 1st reading) Director of Community Development Hanna reviewed the master plan applicati for four lots on approximately 5 acres on the Tiburon middle ridge. Director Hanna stated the Planning Commission recommended to the Town Counci~ after first review of the application, that the master plan be disapproved. The Commission felt lot #1 should be relocated on the property. The Town Council then reviewed the application and determined that lot #1 was acceptable. The Town Council then referred the matter back to the Planning Commission and requested the applicants to work with the Commission to determine if lots 2, 3, and 4 could be better located on the property. The Planning Commission reviewed the application and recommended the applicants delete lot #4 as it is visually prominent and requires extensive grading and paving. The Commission recommended the applicants revise the location of the remaining lots, lots 2 and 3, by moving them countercloek wise on the property, thereby bringing lot #2 off the ridgeline. The Planning Commission felt three was the maximum number of lots appropriate for this property. Two members of the Commission did stated that if the appicants redesigned and relocated the lots, four lots might be possible on the property. The Planning Commission also considered the unique serpentine grasslands on the property and felt these grasslands should be protected as much as possible. The Zoning Ordinance and General Plan of the Town of Tiburon recommens maximum retention of open space and mitigate grading and excavation. Martha ~ McCart, representing the applicants, stated this property should be considered as part of the development of the whole area. Ms. McCart stated the Commissions' suggestions for relocating the sites would place three homes down on the ridge and one home upon the ridge and her clients do not feel this was acceptable. One room on lot #2 would have a view and the rest of the rooms would look down on the backside of the ridge. Lot #3 could be bermed into the hill and stepped down. Ms. McCart stated even with four large homes on this property there would still be an adequate amount of open space between the homes. Council questioned the proposed sizes of the homes. Ms. McCart stated site #l will be approximately 7,200 sq.ft. and sites 2, 3 and 4 would be from 5,600 sq.ft. to 6,600 sq. ft. Councilman Edelstein stated the driveway cuts look significant in terms of retaining walls. Ms. McCart stated the driveways could be done with 5' retaining walls and 12' banks. Ms. McCart stated the size of the lots would be between 1.75 acres to .75 acres. Council questioned what existing pathways go through the Agines property. Ms. McCart stated the existing pathway goes behind lots 3 and 4, and tated the applicants are willing to relocate the trail at their expense .1 order to move it away from the homes. Councilman Edelstein sta ted if two lots were created instead of three below the main house, and these lots were more or less on the same contour, the driveway would have more of a chance to transition and the cuts into the hill would be relatively minor in comparison to what is being proposed. Mayor Hanson opened the public hearing. TOWN COUNCIL MINUTES #562 JUNE 3, 1981 PAGE THREE Mr. Stone Coxhead stated the minutes of April 1, 1981, were incorrect in stating that he was in favor of the plans. Mr. Coxhead stated he feels the Agines should have a view home of reasonable size and if designed with great care so it does not intrude into the environment, it could be feasible on this property and perhaps on the crest of the property. Mr. coxhead stated that home on the crest of the ridge in excess of 7,000 sq.ft. is entirely unreasonable and recommended a home in the area of 3,500 sq.ft. Mr. Coxhead stated he felt the square footage of buildings should not total more than 15,000 sq. ft. Mr. Coxhead stated he feels the staff's recommendations on this proposal are reasonable. Ms. McCart stated the lowest density zoning district in the Town allows 15% lot coverage. Applying this to the Agines property would allow 30,000 sq.ft. of lot coverage, which is more than the applicant is requesting. Ms. McCart voiced her objection of the tennis court, pool and patio being included in the lot coverage, which in her opinion has never been done in other applications. Director Hanna stated that in the RPD zoning district there is no requirement for lot coverage, so it is difficult to compare this application with other zoning districts. The RPD zoning district requires the maximum retention of natural features. It appears this application will have alot of hard surfact area, whether or not it would be considered lot coverage, and that the middle ridge is a very natural area. The applicants proposal does not show maximum effort to retain and preserve natural features and significant flora and falina. Regarding the condition that CC&Rs retain the natural area, Director Hanna stated the ideal solution would be to have no fences around the homes, as proposed by Del Madera so there would be no distinction between what is natural grassland, so no exotic species would be introduced and the serpentine grassland would remain. Councilman Bergsund stated that when the Council approved lot #1 it was understood that it essentially destroys a major portion of the grass- lands on the property, therefore, the Council is obligated to preserve as much of the remaining grasslands as possible. Because of this she supports the Planning Commissions recommendation that lot #2 be moved from the ridge. Councilman Bergsund stated the Hacienda pedestrian trail should be preserved as it is a very important part of the middle ridge open space. Mayor Hanson closed the public hearing. Councilman Rockey questioned how much of the Agines property is covered wi th serpentine grasslands. Directo:rr:!' Hanna stated most of the property is serpentine grassland. Ms. McCArt stated all four sites are on serpentine grasslands. Councilman Bass stated that with granting the applicant's a lot on the crest of the ridge the Council must look more restrictively at the rest of the area, and by eliminating one lot which will reduce the cut and fill, Councilman Bass feels the Planning Commissions recommendations are appropriate. Councilman Edelstein again stated that if lots 2 and 3 were shifted, and lot 4 eliminated, the driveways connecting the two lots would be level and gentle than now proposed. Councilman Edelstein stated he does not agree with the Planning Commissions' recommendations on mounding. * Ms. McCart stated if berming is required it would be done with materials excavated from the area. Ms. McCart stated the applicants have reviewed the Del Madera Design Guidelines, agree with them in general and they could be used for their property. *and sited the Miraflores project, particularily lot #9 as an exanple of the successful and natural a-pearing use of earth benns. Council requested the Town Attorney to review the ordinance and make any appropriate changes. Councilman Edelstein requested that on Page 3, paragraph (H) the words "and trails" be added to the first sentence. Council discussed the facttlBt they have limited the size of the dwellings ~ other master plans to insure the preservation of natural features .ld compatability with the site and recommended the floor areas for lot #1 be approximately 7,000 sq.ft. and for lots 2 and 3 approxim3tely 3,500 sq.ft. excluding garages. MOTION: that the Town Council give general approval of the Master Plan application as submitted, provided one unit is deleted namely unit #4, that lots 2 and 3 be rotated counter clockwise, that the ordinance as prepared include provisions and findings to reflect the comments that the floor areas be limited to approx- imately 7,000 sq.ft. for lot #l, and the other two lots 'IT'IT.7l\T "nTT1I.l"TT UTl\lTlmpC' .lL c: c.., approximately 3,500 sq.ft. excluding gara~~~~~~e figures for lots 2 and 3 may be adjusted upwards;a~~~1tlme of the precise plan based upon the presentation made at that time. Moved: Vote: Bass, Seconded by Rockey AYES: Edelstein, Bergsund, Rockey, Bass, Hanson ABSENT: None Director of Community Development Hanna noted that if Council holds second reading of the ordinance on June 17, 1981, the precise plan must be submitted by July 10, 1981, so it could be considered by the Planning Commission on July 22, 1981, and then considered by the Town Council on August 5, 1991. This would allow for one additional meeting before the one year time limit expires on August 25, 1981. G. BUSINESS 6. HARBOR LIGHT LIQUOR LICENSE (Consideration of Conditions for Transfer of License) Town Manager Kleinert stated after discussions with the Department of Alcohol Beverage Control (ABC) it was determined that the Town could submit conditions to be placed on the liquor license. ABC noted however, they have the final decision as to what conditions, if any, would be placed on the license. Town Manager Kleinert noted that since the last meeting there have been several complaints in regard to noise being generated from the Harbor Light establishment. Council questioned why the owners of the establishment could not move the band away from the front door, and discussed the possibility of banning amplification entirely in the downtown area. Mr. Unes Gollestani, co-owner of the Harbor Light, expressed his objection to being singled out and having these conditions applied to their establishment. Council assured Mr. Gollestani that these conditions will be applied to such other liquor license applications or transfers. Council expressed their concern over the noise problems on downtown Main Street, and noted the Har~or Light and 39 Main as the major violators. MOTION: to adopt the Town Manager's recommendation, but that dancing be removed from condition #lr that a condition #4 be added stating that no alcoholic beverages shall be taken out of the premises. !Xx)rs shall be self-closing without autorratic Rockey, Seconded by Bass hold opens. AYES: Unanimous Moved: Vote: H. TOWN COUNCIL, COMMISSION, COMMITTEE ORAL REPORTS 8. REEDLAND WOODS SCHOOL PLAYFIELD RENOVATION (Status Report By Public Services Committee) Councilman Rockey reported an agreement is being drawn up stating the soccer league and little league will maintain the field. The contract for the field improvements should be let in 3-4 weeks. I. TOWN MANAGER REPORTS & COMMUNICATIONS 9. AB95 (Abolish GGBH & TD and Transfer Golden Gate Bridge to State) Council expressed their strong opposition to the loss of local control, setting of tolls, and use of tol~ revenues by the State. Council is of the opinion that any revenues should go back into to the bridge and transportation district. Staff was requested to prepare a resolution opposing AB95. 10. Notice of Public Hea:rting (Seafirth Waste Discharge Requirements) Councilman Bergsund a response to this notice. grant money to bring their requested that the Town of for grant money and send a stated Ed Nute has been requested to draft Seafirth Estates will be applying for system up to State requirements. Council Tiburon act as the lead agency in the request letter to the Water Quality Board stating so. TOWN COUNCIL MINUTES #562 JUNE 3, 1981 PAGE F!VE Council set Tuesday, July 7th as the date for a Council/Staff workshop session to be held at Mayor Hanson's home. J. ADJOURNMENT Beins no further business of the Town Council of the Town of Tiburon, Mayor Hanson adjourned the meeting at 12:07 AM, Thursday, June 4, 1981, to Wednesday, June 10, 1981, in the Town Hall Conference Room to review the preliminary 1981-82 Town Budget. ~ /-L.- KIRK HANSON, MAYOR Town of Tiburon ATTEST: R. L&Z~ TOWN COUNCIL MINUTES #562 JUNE 3, 1981 PAGE SIX MINUTES TOWN COUNCIL CALL TO ORDER Mayor Hanson called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:35 PM, Wednesday, June 10, 1981, in the Town Hall Conference Room, Tiburon, CA. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass (7:50), Hanson EX-OFFICIO: Town Manager Kleinert, Deputy Town Treasurer Nadritch, Chief of Police Bailey, Supt. of Public Works Brunini, Town Engineer Bala B. PUBLIC HEARINGS 1. MASTER PLAN (Agins Property, Middle Ridge Area, Gilmartin Drive Ordinance 1st reading) Director of Community Development Hanna presented the Ordinance noting that at the Town Council meeting of June 3, 1981, the Town Council had considered a recommendation from the Planning Commission relating to the conditions of approval that should be applied to any Master Plan and the appropriateness of a total of 3 or 4 parcels on the property. Director Hanna noted that in approval condition No.2, the date in the fourth line should be changed to July 10. The July lOth date would allow Planning Commission action by July 22, 1981, with the Town Council action on August 5, 1981. Director Hanna also noted that in condition No.3, the date inserted should be July 10, 1981~ at which time the Tentative Subdivision Map should be submitted. A draft ordinance had been prepared by the Planning staff, based on the Planning Commissions' recommendat~ons that a maximum of three dwelling units be allowed. The Town Council discussed the first condition of approval as it related to precise plan square footage of the dwelling units to be constructed on the property. It was the consensus of the Town Council that rather than limit the square footage in the Master Plan, the review of the Precise Plan would allow an adequate opportunity to ensure that the size, bulk and massiveness of any single family dwelling proposed would be consistent with the open space character of the area. The applicants' representative, Marth McCart, noted that, based on the previous dis- cussions of the Planning Commission and Town Council, it was apprent that the size of the dwellings was of concern and the applicant would take it into consideration during the Precise Plan preparation. The Town Council agreed that condition No. 1 on the approval should be modified to reflect that the size, bulk and square footage of the dwellings would be con- sidered at the Precise Plan stage. Council then discussed the wording of finding No. 23 on page 5 which noted the economic feasibility of the project. Council questioned whether it was appropriate to provide such a statement in the Master Plan and requested that the Town Attorney be contacted to ensure the wording is appropriate. The applicants' representative, Martha McCart, noted that number 3 of the findings stated that the area is not serviced by utilitie~sof any type. Ms. McCart said that there is water service available and the applicants have 3 water meters approved for the property. She suggested the wording be modified to reflect the availability of 3 water meters and water service. She then commented on Section 2, Approval, numbers 2 and 3, each of which do not provide an opportunity for a 90 day extension under the A.B. 884 requirements. She noted it would be unfortunate if the applicants were to proceed with the preparation of ~e Precise Plan but would find at the last minute that it was impossible ) submit it by the July 10, 1981 meeting. If the applicants and Council were to agree, a 90-day extension is provided under the A.B. 884 requirements. Director Hanna noted that the last sentence allows the paragraph to be modified by Resolution of the Town Council and that the simplified procedure would allow the extension of time limits if necessary. Councilman Bass felt it was important to allow an opportunity for the 90 day extension if requested and, therefore, suggested that the condition be changed to add words to the effect that if the Council and applicants would agree to the 90-day extension, then the time limits could TOWN COUNCIL MINUTES #563 JUNE 10, 1981 PAGE ONE be extended. The modification would apply to both condition No. 2 and condition No.3. The Council discussed the rest of the Ordinance and found it appropriate. MOTION: Moved: Vote: read by title only Bergsund, Seconded by Rockey AYES: Unanimous NOES: None Moved: Vote: approve first reading of the Agins Master Plan Ordinance as amended Bergsund, Seconded by Rockey AYES: Edelstein, Bergsund, Rockey, Bass, Hanson MOTION: 2. 1981-82 PRELIMINARY TOWN BUDGET Town Manager Kleinert noted that this was the initial public hearing to consider the p~oposed 1981-82 Town Budget and the next budget hearing is scheduled for Monday, June 22, 1981, and the final budget hearing is scheduled for the regular Town Council meeting of July I, 1981. The Town Manager then proceeded with an overview and summary of the proposed budget. The Deputy Town Treasurer reviewed the revenue projections for the current fiscal year and for 1981~82, and discussed the other budget summaries. Primary emphasis was placed upon the proposed revenue sharing program, the Town's initial equipment depreciation schedule and the Building and Planning and Police Department expediture schedules. The Town Council questioned certain revenue categories relating to the transient occupancy tax, real property transfer tax, vehicle code fines, parking fines, ABC fees, and the property development tax. The Town Manager noted that property tax was projected to exceed the budget extimate for 1980-81 by approximately $29,000. Staff also noted that many of the revenue categories could not be adjusted without a 2/3 majority vote of the people due to constraints of Proposition 13. It was noted that the overall revenue prujections includes a loss of approximately $96,000 based upon the current state budget proposal. Mayor Hanson requested Staff to proceed with the review of the Departmental budget sections. Community Development (210) Deputy Town Treasurer Nadritch highlighted the proposed Community Development budget for 1981-82. Council questioned Staff's involvement and cost related to the forthcoming SASM pipeline installation, the sufficiency and applicability of the auto allowance, whether SP fees are included in the budget estimates, whether the Town's planning fees and service charges need review and adjustment. Police Department (310) Deputy Town Treasurer Nadritch briefly reviewed the Police Department budget proposal. Chief Bailey commented on his Departmental budget requested and on that being recommended by the Town Manager. Those line items relating to contractual services, POST, overtime expenditures, compensatory time, and the current shortage of personnel and future recruitment were reviewed as well. Revenue Sharing Town Manager Kleinert and Deputy Town Treasurer Nadritch reviewed the proposed revenue sharing program. Council questioned the use of '4,000 for Town Hall improvements. Deputy Town Treasurer Nadritch xplained that those funds would be used for installing additional parking spaces, grading, and installing an outdoor table and bench area. ADJOURNMENT Mayor Hanson adjourned the meeting at 10:50 PM, Wedneday, June 10, 1981, to Monday, June 22, 1981, for continued budget hearings. TOWN COUNCIL MINUTES #563 JUNE 10, 1981 PAGE TWO ATTEST: R. TOWN COUNCIL MINUTES #563 tL~ KIRK HANSON, MAYOR Town of Tiburon JUNE 10, 1981 PAGE THREE F. PUBLIC HEARINGS 5. MAR WEST STREET TRAFFIC CIRCULATION MODIFICATIONS (Consideration of Vacation of Public Street, Vicinity of TPC) Town Manager Kleinert reviewed the background of the proposal to cul-de-sac Mar West Street in the vicinity of the Tiburon peninsula Club (TPC). Manager Kleinert reported in January 1981 the matter was referred to the Planning Commission, and the Commissions' recommendation is that no action be taken on this proposal until such time as the Beach Road extension has been completed and appropriate traffic counts prepared. Manager Kleinert noted the Council's Lands and Development Committee has met several times with representatives of the TPC regarding the negative and positive impacts of vacating Mar West Street. The positive impacts being: improved pedestrian and traffic safety in the vicinity of the TPC, development of a pedestrian/nature trail from the downtown marsh area through TPC property to the Tiburon Ridge, limited public use of the lower TPC property (Judge Field) for Town sponsored events, stock piling of marsh spoils during the marsh restoration, and landscaping of the marsh area after its restoration. Town Manager Kleinert stated the matter of reversion of title of the under- lying property to be vacated has not yet been resolved. The TPC was to order a title report, and to date the Town has not received the title report. Manager Kleinert noted the Town Engineer questions the Fire District's ~equirement of 60' diameter cul-de-sacs, and would recommend the normal 50' .ul-de-sacs. Mr. Phillip Woodward, President of the TPC, stated TPC interested groups concerning the proposed cul-de-sacing. stated the TPC would like to join their two properties, is the safety issue. Mr. Woodward urged the Council to manner. has met with several Mr. Woodward but more important vote in a positive Mayor Hanson opened the public hearing. Nat Marans, Spanish Trail, spoke in opposition of the p~oposal stating any consideration should be tabled until the Beach Road extension is completed. He urged the Countil not to guarantee the TPC anything at this time. Jeff Knight, Ridge Road, stated consideration of this matter should be continued until Beach Road is extended. Mr. David Ring, Hill Haven, stated he is in opposition of the cul-de-sacing whether or not Beach Road is extended, and noted the upper parking lot is to become a tennis court once the cul-de-sacs are installed. ;s. Ann Drew, Spanish Trial, spoke in favor of the cul-de-sacing stating that motorists use the stretch of road between Tiburon Blvd. and the TPC as a race track. Ms. Drew stated the cul-de-sacs would eliminate speeding, and did not feel it an inconvenience to travel one block further on Tiburon Blvd. for the safety of children and pedestrians. Mr. Russ Heacox, Mar West, stated there is a safety problem on this portion of Mar West and he would support cul;de-sacs if they were constructed in such a manner to allow traffic to be routed through the TPC if necessary. Mrs. Joann Ring stated that if there is a safety problem in this area, then the TPC has done nothing to mitigate the problem, such as allowing children to play only on the upper tennis courts so they would not have to cross Mar West. Mr. Dan Hunt, Mar West, recommended that instead of cul-de-sacing that a pedestrian bridge or speed bumps be installed. Frances Joyce, Manager of the TPC, stated during the summer months the safety problem is magnified and strongly suppor~ the cul-de-sacing proposal. . Gus Strotz, Centro East, stated the main opposition to the cul-de-sacing ~S that people would have to use Beach Road as access to Tiburon Blvd., and did not understand this reason as Beach Road is shorter and less windy. Mr. Strotz then presented a map displaying the traffic pat~rnwhen Beach Road is extended and the cul-de-sacs installed. Mr. Jim Paras, Board of Director TPC, stated the upper parking lot of the TPC would be eliminated after cul-de-sacing as suggested by the Town Engineer. Mr. Paras stated the Town Engineer felt people should be discouraged to use the upper parking lot as the remaining houses on the upper portion of Mar West TOWN COUNCIL MINUTES :1*504 ,TTTNF. 1 7 _ 1 q R 1 PZl.~1<' 'T'wn should not be impacted by traffic generated by the TPC. ~ Lasky, Mar West, stated safety is of importance to all, but stated the 'PC has not event posted signs stating there is a pedestrian crossing ahead. Siewert Marilyn J'~?ll' H~cienda Drive, ~poke in.f~v~r of cul-de-sacing stating traffic travels at approxlmately 45 MPH ln the vlclnlty of the TPC and it has been luck that no one has been injured so far. Mr. Robert Fonarow, Mar West, stated he is in favor of cul-de-sacing after Beach Road is extended. Mr. David Hanson, speaking on behalf of the Hill Haven POA, stated at the last association meeting there was a unanimous vote not to have Mar West cul-de-saced and asked that the Council consider the impacts to the Hill Haven residents if Mar West is cul-de-saced. Chuck Koehler and Sherril Brooks stated consideration of cul-de-sacing should be postponed until the full impacts of the Beach Road extension are available. Mr. Stewart Hopkins spoke against the cul-de-sacing proposal even if and when Beach Road is extended. everly Marcus, Mar West, stated she agrees with both sides of this issue, 0ut feels another horizontal road should be opened before Mar West is culd-de-saced. Mr. Alvin Kuhn, Tara Hill Road, stated when he was on the planning commission during 1971-72, the master planning of the downtown area included cul-de- sacing Mar West to join the TPC properties together. Mr. Kuhn stated the main issue is the master planning of the entire area which is a very low density recreational area. Cul-de-sacing Mar West would be a contribution to the general master planning of the area. Robert Marcus, recommended putting stop signs on both sides of the cross walk by the TPC to improve pedestrian safety. Bill Davoren, Planning Commissioner, stated any action on the cul-de-sacing should be delayed, but stated it is important to continue with the marsh restoration as it will serve as a flood control. Mr. Davoren recommended the Town Council request the Planning Commission to report back to the Council on the issues of flood control, marsh management, and the effect the marsh restoration would have on the TPC property, Zelinsky property, and surrounding homeowners. _ Aayor Hanson stated that if Mar West is not cul-de-saced and the required marsh property not deed to the Town for restoration, there is an agreement that the Town would purchase the property from the TPC for $45,000. The $45,000 to be paid by Southern Pacific. Mayor Hanson closed the public hearing. MOTION: that the' Council pass the following resolution of intent and request Staff to bring back the resolution at the July 15, 1981, regular meeting. The conditions to be: 1. That further consideration of the cul-de-sacing of Mar West be continued until after completion and evaluation of the Beach Road/Esperanza connection and substantial completion of the SP development. 2. That such consideration include evaluation of the traffic, safety and other impacts of the proposed cul-de-sacing upon adjacent, nearby and related streets. In order to assist such evaluation, consideration should be given to temporarily closing Mar West for a limited trial period in order to verify such impacts. 3. That the Town be permitted to utilize the marsh area for the purpose of drainage improvements, marsh restoration, and stock piling of marsh spoils. 4. That limited public use of the Judge Field area be permitted for Town sponsored or sanctioned events or activities. 5. That in consideration of the above the Town deposits $45,000 in an acceptable interest bearing instrument or account. If and when cul-de-sacing is implemented, this sum and accrued interest shall revert back to the Town. If not, these sums shall be paid to the TPC. Moved: Vote: Edelstein, Seconded by Rockey AYES: Unanimous ABSENT: Bass Mayor Hanson noted this motion does not mean that the issue of cul-de-sacing has been completely turned down, but that after Beach Road is extended the matter can be better evaluated. Councilman Bergsund requested that Traffic Safety Committee to work with members of the TPC for an immediate solution to the safety problems. 6. APPEAL OF PLANNING COMMISSION DECISION (Use Permit, Tiburon Baptist Church, Greenwood Beach Road) Director of Community Development Hanna reviewed the background information related to the conditional use permit issued to the Southern Marin Day School by the Planning Commission. The use allows Southern Marin Day School to operate a preschool for 44 children at the Tiburon Baptist Church on Greenwood Beach Road. Director Hanna stated the Planning Commission granted the use permit based on the following conditions: I) that hours the children are allowed to use the play yard shall be limited to between 9:30 AM and 4:00 PM, to reduce the noise impact on surrounding homeowners, and 2) the use permit be valid for one year only, after which it be reviewed for renewal. Director Hanna stated during the lanning Commission hearings the issue of additional traffic being generated from the school was discussed along with increased noise being generated by the children. The Planning Commission determined that the traffic impacts would be minimal as patrons would be arriving at different hours during the day. Mr. Forrest Morphew, President of the Greenwood Beach POA, stated the homeowners are opposed to the use of the Church as a school as they feel that placing a school in a quret residential neighborhood is not appropriate. Mr. Morphew stated the transportation of 44 children daily will aggrevate and already serious traffic problem, and the abutting properties will have their privacy invaded as the facilities overlook several homes. Mr. Morphew urged the Council to deny the use permit for the Southern Marin Day School. Mayor Hanson opened the public hearing. Roger Levy, spoke in favor of the application, stating the concerns of the neighbors are noise, traffic, and location of the school. The noise problem has been settled by restricting the use of the play yard and requiring the school to install a fence and screen it with appropriate "egetation. In regard to the traffic problem, the directors of the school are going to have the parents use only one entrance way to the school for entering and exiting. Council determined that any conditions applied to the use permit would be applied to the Church. Mr. Harry Heath, 440 Greenwood Beach Road, spoke in opposition of the preschool. Mrs. Grace Richardson, 418 Greenwood Beach Road, stated her concern is traffic and noise and urged the Council to deny the use permit. Mr. Richardson stated this is a major change in the use of the Church which will increase noise and; traffic. Mr. Richardson stated he is also concerned as the Church has indicated this is the first step in an expansion program. Ms. Jane Stickney, Redhill Circle, spoke in favor of the preschool stating it would serve the community with an educational preschool" not a nursery ~~hool. Mr. Tom Prevost, stated the Church would like to expand its services, and one area is the advancement of education. Mr. Prevost stated the Church does not plan to enlarge physically in the near future, only in the area of providing community services. Melinda Kanter, director of Southern Marin Day School, stated the children arrive and stay at various times during the day. Ms. Kanter stated this is a structured school and the children would be outside for a total of TOWN COUNCIL MINUTES #564 JUNE 17, 1981 PAGE FOUR approximately 1-1/2 hours a day. ~r. Cupples stated he is concerned that his property will depreciate in alue because of the close proximity of a school to his property. Mr. Stone Coxhead, Reed Ranch Rd., suggested Southern Marin Day Schoel look into using the Reedland Woods School site for its preschool. Melinda Kanter stated they have looked into that possibility and it was not possible. Melinda Kanter explained that the maximum number of children allowed at the school at anyone time is 44. Council noted the State does periodic, unannounced checks to determine if the school is complying to its enrollment restriction. Ms. Kanter noted the average stay at the school during the day is 3-4 hours. Mayor Hanson closed the public hearing. Councilman Edelstein stated the primary consideration in this matter is noise, and recommended the following motion: MOTION: that the Planning Commissions' recommendations be adopted and two additional conditions be placed on the use permit: 1) in order to mitigate noise disturbance from the play area and class room(s) under this use permit upon neighboring residences, the applicant or property owner shall employ a qualified acoustical engineer to submit recommendations with respect to the siting of the play area, acoustic barriers or deflectors such as earth berms or solid walls and other methods as will effectively reduce the noise disturbance. Landscaping and thin fences alone will not be considered as effective noise mitigation. Methods complying with these recommendations, together with all other aspects of design, construction and landscaping relative to this use permit, shall be submitted to the Town's Board of Adjustment and Review for review and approval in accordance with Town Ordinances. 2) in order to mitigate potential negative effects of increased vehicular traffic, the property owner shall allow the Town, should the Town so decide at a later date, to utilize minor portions of the Church property at or near the easterly terminus of the Church's driveway where it intersects Greenwood Beach Road for the purpose of traffic turnarounds. Such shall not impair the Church's existing vehicular access points to Greenwood Beach Road, in both directions, and thereby to Tiburon Blvd. at the easterly and westerly end .of Greenwood Beach Road. In the event the Town decides to implement this mitigation, the property owner shall permit the through passage of emergency vehicles, commuter buses, and the like, subject to appropriate and reasonable conditions acceptable to the Town. Moved: Edelstein, Seconded by Bergsund Council expressed their concern over the last condition of Councilman Edelstein's motion, stating the possible cul-de-sacing of Greenwood Beach Road should be the subject of a separate agendized hearing. Also that the condition will be applied to the Church and should the Church not agree to it the school would lose its use permit. Council suggested the traffic matter could be satisfied by having the operators of the school request the patrons to use one end of Greenwood Beach Road for entering and exiting. Councilman Edelstein amended his motion by deleting the second condition and adding in its place "Operators of the school, by letter, shall encourage and support patrons to enter and exit from the westerly end of Greenwood Beach Road". Council also requested that the $200 appeal fee be refunded to the Greenwood Beach Homeowners. Vote: AYES: ABSENT: Unanimous Bass I . MASTER PLAN (Agins Property, Middle Ridge Area, Gilmartin Drive, Ordinance 2nd Reading) Director of Community Development Hanna stated this matter is on for second reading of the master plan ordinance. Town Attorney Conn stated the E.I.R. for this project states that there should be no development on serpentine grasslands and the ordinance has been worded to more clearly state the findings of the Council. TOWN COUNCIL MINUTES #564 JUNE 17, 1981 PAGE FIVE Council made the following amendments to the Ordinance: Page 3, Condition 14, 2nd line, delete the words "a peak at" Page 5, section 2, Condition 1, change last sentence to read liThe square footage of all buildings including size, bulk and mass shall be reviewed and be subject to modification at the Precise Plan stage" Page 5, Section 2, Condition 2, add to the last sentence ", or if an extension of up to 90 days, as provided by State law, is requested by the applicant and approved by the Town" Page 6, Condition 3, add to the last sentence ", or if an extension of up to 90 days, as provided by State law, is requested by the applicant and approved by the Town" Mayor Hanson opened the public hearing. Martha McCart, representing the applicant, stated she has no problem with the proposed changes as they do not change the intent of the ordinance. Mayor Hanson closed the public hearing. MOTION: Moved: Vote: to read by title only Bergsund, Seconded by Rockey AYES: Unanimous ABSENT: Bass ,ayor Hanson read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE AGINS MASTER PLAN". MOTION: Moved: Vote: approve second reading as amended Bergsund, Seconded by Edelstein AYES: Edelstein, Bergsund, Rockey, Hanson ABSENT: Bass 8. PRECISE PLAN (Mar West Office Building, Moana Corp., Resolution) Director of Community Development Hanna presented the precise plan application noting the applicant has secured the lot behind its property. The applicant is proposing three office buildings which will be subdivided and sold, allowing the new owners to own the property and building. CC&Rs will be prepared covering landscaping, landscape maintenance, and building design. The applicant at the request of the Planning Commission has incorporated the marsh and stream area on the property. This allows more landscapable area as mounding has been reduced. The applicant is proposing to landscape on the CAL/TRANS right-of-way. The details of the landscaping plan will be brought back to the B.A.R for ~pproval. Council questioned the proposed path on the property. Director .anna stated the path will be considered when the final landscaping plans are submitted. Councilman Bergsund stated the path would be appropriate if it eventaully would extend to Lyford Drive. Ron Nunn, representing the applicant, explained the two marshes shown on the precise plan map are in existance. Fish & Game felt that both should be maintained so existing wildlife would remain. Mayor Hanson opened the public hearing. Being no response, Mayor Hanson closed the public hearing. Council requested the following be added to Note "B" of the precise plan map "and tree pockets". Council also requested that the B.A.R. conditions be added to the precise plan resolution which are: 1) the applicant shall meet with the marsh committee, 2) the applicant shall prepare landscape working drawings to be approved by Staff and reviewed by individual board members, 3) CC&Rs shall be revised to include landscape maintenance and irrigation, and 4) all conditions of the Town Engineer and the Fire Dept. shall be met. ~""lTION : )ved: Vote: to approve the Moana precise plan resolution as amended Edelstein, Seconded by Bergsund AYES: Unanimous ABSENT: Bass 9. MASTER & PRECISE PLAN (Minor Subdivision, Reed Ranch Road, Applicant- Town of Tiburon) This matter was continued to the adjourned meeting of June 22, 1981, due to the lateness of the hour. TOWN COUNCIL MINUTES #564 JUNE 17, 1981 PAGE SIX G. BUSINESS 10. CAL/TRANS PROPERTY AT THE CORNER OF REED RANCH ROAD AND TIBURON BOULEVARD (Discussion of CAL/TRANS Disposition of Property) Director of Community Development Hanna reported that CAL/TRANS is de-certifying this property, and therefore the property will not be offered to the Town as surplus. The Town could protest the de- certification, which would make the property unavailable for sale. Director Hanna stated Mr. Kanyon should proceed to submit plans for a minor subdivision to the B.A.R. to determine if a building is appropriate for this property. Mr. Kanyon stated he agrees with the Director's recommendation, but wants assurance that the Town will not protest the land de-certification. Mr. Stone Coxhead, President of the Reedlands POA, read a prepared statement regarding this matter. Council added that Mr. Kanyon should explore the possibilty of damage to the above homes by undercutting of the slope. MOTION: to approve Staff's recommendations Moved: Rockey, Seconded by Bergsund Vote: AYES: Unanimous ABSENT: ,Bass Mayor'!Ia~son stated these recommendations in no way SU-]!~~t a~ffiVflis orr8i~proval and 1 t lS now~ 'UP to Mr. Kanyon to proceed like any other ~~. STATE PARKEA~S ACT OF 1980 (Consideration of Town's Priority Submittal to the Cities and County parklands Bond Fund Committee) Council requested the draft letter be change to state our priorities in more general terms. Council also requested that pargraph No. 5 be changed to delete the portion stating the project is expected to serve approximately 20,000 people, and just state this project is expected to serve Tiburon and areas in its sphere of influence. J. TOWN MANAGER REPORTS AND COMMUNICATIONS Town Manager Kleinert reported that at the April MCCMC meeting the subject of a Countywide uniform bail schedule for zoning violations be considered/and questioned Council if such an idea would be favored by the Council. Moved: Vote: approve the concept of a uniform bail schedule for zoning violations Bergsund, Seconded by Rockey AYES: Unanimous ABSENT: Bass MOTION: K. ADJOURNMENT Mayor Hanson adjourned the meeting at 12:20 AM, Thursday, June 18, 1~81, to Monday, June 22, 1981 at 7:30 PM, for the purpose of reviewing the the 1981-82 preliminary Town Budget. KIRBs1J:~ Town of Tiburon ATTE/@~ R. L. KLEINERT, TOWN MANAGER/CLERK TOWN COUNCIL MINUTES #564 JUNE 17, 1981 PAGE SEVEN MINUTES TOWN COUNCIL CALL TO ORDER Mayor Hanson called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:45 PM in the Town Council Chambers, Reed School, Room 9, Tiburon, CA, on Monday, June 22, 1981. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Hanson, Rockey EX-OFFICIO: Town Manager Kleinert, Supt. of Public Works Brunini, Chief of Police Bailey, Deputy Town Treasurer Nadritch, Deputy Town Engineer Strandgaard ABSENT: COUNCIU1EMBERS: Bergsund, Bass PUBLIC QUESTIONS AND COMMENTS Mr. Al Barsimanto addressed the Council concerning interest on the part of a group called Joseph Sugarman & Associates in the the occupancy of the Tiburon school property. Mr. Barsimanto described the firm's interest in having its small mail order and seminar operations in Tiburon (maximum of 20 employees). He indicated further that high- caliber marketing seminars would be conducted once or twice a month with no more than 15 people in attendance. Council had questions concerning sales tax allocations, business license revenue generations, and other spin-off revenues that this facility could generate. PUBLIC HEARINGS 1. MASTER & PRECISE PLAN (Minor Subdivision, Reed Ranch Road, Applicant- Town of Tiburon, Ordinance 1st reading) Town Manager Kleinert stated this item was continued from the regular Council agenda of June 17, 1981. He reviewed the Master and Precise Plan noting placement of the proposed lots to be developed and the preservation of open space property. Council questioned the place- ment of building envelopes in relation to driveway access and slope of the hills. Mayor Hanson opened the public hearing. Being no response, Mayor Hanson closed the public hearing. MOTION: Moved: Vote: to read by title only Rockey, Seconded by Edelstein AYES: Unanimous ABSENT: Bergsund, Bass Mayor Hanson read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE MASTER/PRECISE PLAN AND TENTATIVE SUBDIVISION MAP FOR THE TOWN OF TIBURON ON REED RANCH ROAD" MOTION: Moved: Vote: approve first reading Rockey, Seconded by Edelstein AYES: Edelstein, Rockey, Hanson ABSENT: Bergsund, Bass 2. 1981-82 PRELIMIANRY TOWN BUDGET (Review and Consideration) police Department (310) Deputy Town Treasurer Nadritch reviewed the Police Department program )nce again noting the Manager's recommendation for one additional patrol officer, and reduction of the departmental request for communications equipment. Council questioned the 1980-81 estimated expenditures as to savings realized since personnel has been at less that full staffing. Staff replied that with the combination of A) reserve officers salaries, B) vacation accrual for terminated officers, and C) normal step increases off-setting any savings realized by unfilled slots, the estimated expenditures are equal to the actual amount budgeted. TOWN COUNCIL MINUTES #565 JUNE 22, 1981 PAGE ONE Council inquired as to why the police Department force needs increasing when population of the Town is decreasing. Town Manager Kleinert explained that population is not the only factor used to determine police force size. Other factors such as the changing face of the downtown area also entered into size consideration. Council also inquired as to whether it's possible to charge merchants for their fair-share of police protection if the downtown area seems to require more and more police activity. Town Council (110) Deputy Town Treasurer Nadritch reviewed the Town Council proposed operating budget and noted that there were no material changes. Town Attorney (130) Deputy Town Treasurer Nadritch reviewed the Town Attorney departmental budget. Council inquired as to the amount of time the Town Attorney spends at Council meetings and wondered if this time could not be reduced by at least 50% so as to effect substantial cost savings in this department. Public Works (410) Deputy Town Treasurer Nadritch reviewed the Public Works budget program and noted a substantial increase in the street lighting line item and the department head's request for a dump truck chassis. Council then inquired into the Town's capital replacement and restoration program, noting that public works equipment is in dire need of replacement. Council then inquired into the status of the McKegney Green landscape contract and questioned what would be the most effective manner to proceed: either to contract privately for the maintenance, or hire another maintenance worker who could be utilized on other projects as well. Parks & Recreation (510) Deputy Town Treasurer Nadritch reviewed the Parks & Recreation budget program noting no substantial changes in operation. Heritage Commission (610) Deputy Town Treasurer Nadritch reviewed the Heritage Commission budget program noting no substantital changes in operation. Capital Improvement Program Town Manager Kleinert briefly reviewed the Capital Improvement program noting a great amount will be expended on the Corinthian Island slide repair. The Tiburon Boulevard downtown improvements was another item reviewed. Council inquired as to the constraints on gas tax funds. Town Manager Kleinert and Deputy Town Treasurer Nadritch noted that these funds can be expended for street development, improvements, maintenance, and limited engineering. It could even be used to off-set salary costs and equipment costs when directly related to street improvements. Town Manager Kleinert noted that $3,000 has been budgeted for installation of BCDC required shoreline hedges, landscaping and public benches in the McKegney Green area. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Hanson adjourned the meeting to closed session for the purpose of discussing current and pending litigation, at 10:55 PM, Monday, June 22, 1981. KIMs~ Town of Tiburon ATTEST: ;@~ R. L. KLEINERT, TOWN MANAGER/CLERK TOWN COUNCIL MINUTES #565 JUNE 22, 1981 PAGE TWO