HomeMy WebLinkAboutTC Min 1980 (January thru October)
CORRECTED
MINUTES
TOWN COUNCIL
CALL TO ORDER
The regular meeting of the Town Council of the Town of Tiburon
was called to order by Mayor Bergsund at 7:00 p.m., Wednesday,
January 2, 1980, in the Town Manager's office, Town Hall, Tiburon,
California.
I. ROLL CALL
Present:
Councilmen:
Ex Officio:
Edelstein, Rockey, Bass, Bergsund
Town Manager Kleinert, Deputy Town
Attorney Ragghianti
EXECUTIVE SESSION
Mayor Bergsund adjourned the meeting to Executive Session at 7:05 p.m.
for the purpose of discussing possible pending litigation.
REGULAR MEETING
Mayor Bergsund reconvened the Town Council for the reaular business
meeting session at 8:10 p.m. in the Town Council Chambers, Room 9,
Reed School, Tiburon, California
Present: Ex Officio: Superintendent of Public Works Brunini,
Director of Community Development Hanna,
Police Chief Bailey, Deputy Town Treasurer
Nadritch, Minute Clerk Kraft
Absent: Councilman: Hanson
II. APPROVAL OF MINUTES
#516 - page 3, IX, last line, delete 19
MOTION: to approve Minutes #516 as amended.
Moved: Rockey, Seconded by Bass
Vote: Ayes: Bergsund, Bass, Rockey
Noes: none
Absent: Hanson
Abstain: Edelstein
#517
MOTION: to approve Minutes #517 as submitted.
Moved: Bass, Seconded by Edelstein
Vote: Ayes: Bass, Edelstein, Bergsund
Noes: none
Absent: Hanson
Abstain: Rockey
#518
First paragraph, delete "as outlined in the Downtown
Master Plan."
MOTION: to approve Minutes #518 as amended.
Moved: Rockey, Seconded by Edelstein
Vote: Ayes: Rockey, Edelstein, Bergsund
Noes: none
Absent: Hanson
Abstain: Bass
III. APPOINTMENTS TO COMMISSIONS, COMMITTEES AND BOARDS
MOTION: to appoint Nancy Downey and Ted Carter of Tiburon
and Ruth Langridge of Belvedere to the Tiburon
Fine Arts Commission
Moved: Rockey, Seconded by Bass
Vote: Ayes: Bergsund, Rockey, Bass, Edelstein
Noes: none
Absent: Hanson
Mayor Bergsund suggested a workshop meeting of the Fine Arts
Co~ission and the Town Council on Thursday, January 31st to meet
the new Commissioners and discuss goals of the Commission for the year.
Town Council Minutes #519
January 2, 1980
Page 1
IV. RECOGNITION OF TOWN SERVICE
Mayor Bergsund read A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON COMMENDING ROBERT L. KLEINERT FOR HIS SERVICE
TO THE TOWN OF TIBURON UPON THE ANNIVERSARY OF HIS TEN YEARS'
SERVICE WITH THE TOWN.
MOTION:
Moved:
Vote:
to adopt the above Resolution No. 1073.
Bass, Seconded by Rockey
Ayes: Bergsund, Bass, Rockey, Edelstein
Noes: none
Absent: Hanson
Former Mayor Gordon Strawbridge congratulated Bob on his ten
years of service. Mayor Bergsund declared a recess and offered
everyone cake and coffee and the opportunity to celebrate Mr.
Kleinert's anniversary with the Town.
Mayor Bergsund reconvened the meeting ,at 8:45 p.m.
V. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS
There were none at this time.
VI. PUBLIC QUESTIONS AND COMMENTS
There were none at this time.
MOTION:
VII. CONSENT CALENDAR
Moved:
Vote~
to adopt the Consent Calendar consisting of the
following items: 1. FINANCE REPORT (November 1979)
2. CAPITAL EQUIPMENT PURCHASE
(General Services)
3. BUS STOP/DRAINAGE IMPROVEMENTS
(Tiburon Blve/Rock Hill Road, Res.l074)
4. SB 547, 1980 STATE BOND ACT, Res.l075
5. ELECTION SERVICES RESOLUTIONS
(April 8, 1980 Municipal Election)
A. Resolution call for election
of two Town Councilmen, #1076
B. Resolution pertaining to candidates
statements of qualifications, #1077
9. TIBURON SCHOOL CONVERSION (Assignment
of Property to Housing Authority's
Development Corporation, Res. #1080
10. SASM PIPELINE LOCATION (Status of
Proposed Routes and Engineering)
Edelstein, Seconded by Rockey
Ayes: Edelstein, Rockey, Bass, Bergsund
Noes: none
Absent: Hanson
VIII. PUBLIC HEARINGS
6. RECONSIDERATION OF ORDINANCE NO. 219, N.S., AN ORDINANCE
OF THE TOWN OF TIBURON APPROVING THE NORTm~STERN PACIFIC
MAS TER PLAN.
Town Manager Kleinert reported that because 10% of the registered
voters of Tiburon had signed a petition calling for reconsideration
of the above Ordinance Council must reconsider the Ordinance and
either rescind it entirely or submit it to the voters. Mayor Bergsund
opened the public hearing. Gordon Strawbridge spoke in favor
of the Ordinance and urged the Council not to rescind it. There being
no further comments from the public, Mayor Bergsund closed the public
hearing.
MOTION:
Moved:
Vote:
not to rescind Ordinance No. 219,
Edelstein, Seconded by Bass
Ayes: Edelstein, Bass, Bergsund,
Noes: none
Absent: Hanson
N.S., in its entirety.
Rockey
MOTION: to adopt Resolution No. 1078, A RESOLUTION OF THE TONN
COUNCIL OF THE TOWN OF TIBURON ORDERING ELECTION ON
WHETHER ORDINANCE NO 219 N.S. SHOULD BE ADOPTED. 2
#519 Town Council Minutes January 2, 1980 Page
Moved:
Vote:
MOTION:
Moved:
Vote:
Edelstein, Seconded by Rockey
Ayes: Edelstein, Rockey, Bass, Bergsund
Noes: none
Absent: Hanson
to adopt Resolution No. 1079, A RESOLUTION OF THE
TOWN COUNCIL OF THE TOWN OF TIBURON REQUESTING THE MARIN
COUNTY BOARD OF SUPERVISORS TO AUTHORIZE CONSOLIDATION
OF A LOCAL PROPOSITION WITH THE GENERAL MUNICIPAL ELECTION,
AND REQUESTING AUTHORIZATION FOR THE COUNTY CLERK TO
RENDER SERVICE REGARDING THE ELECTION TO BE HELD ON
TUESDAY, APRIL 8, 1980.
Rockey, Seconded by Bass
Ayes: Bass, Bergsund, Rockey, Edelstein
Noes; none
Absent: Hanson
Mayor Bergsund announced the first public hearing and presentation
of Southern Pacific's Precise Plan will be on Saturday, January 26,1980,
at 9 a.m.
7. 85 ROUNDHILL ROAD (Master Plan, Ordinance, 1st Reading)
Director of Community Development Hanna reviewed the proposed
Master Plan. There was a discussion of the submitted soils report.
Mr. Bass asked if it wouldn't be a better idea for the EIR reports
on proposed developments to be submitted before the Master Plan
and not in tandum. Deputy Town Attorney Pagghianti said that because
of the time constraints imposed by SB884 there will be more EIRs,
Master Plans and even Precise Plans submitted at the same time.
Mayor Bergsund opened the public hearing. Mr. Branwell Fanning,
representing the applicant, reviewed the background and submitted
alternatives calling for 5, 6, 7, or 8 building envelopes. Planning
Commission Chairman Jim Wilson was present to answer any questions
of Council. Ms. Thelma McKeweon, President of the HOmeowners' Associa-
tion spoke against the project. Mr. Charles Sofnas, 75 Roundhill
Road, spoke in opposition to the project. Councilmen Bass and Edelstein
both supported the land being divided into 6 lots, not 8 as proposed.
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
to certify the Environmental Impact Report
Rockey, Seconded by Bass
Ayes: Rockey, Bass, Edelstein, Bergsund
Noes: none
Absent: Hanson
as submitted.
to read by title Only Ordinance
Edelstein, Seconded by Bass
Ayes: Edelstein, Bass, Rockey,
Noes: none
Absent: Hanson
No. 221.
Bergsund
Mayor Bergsund read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOl~ OF
TIBURON APPROVING THE NORWITT/BRADY MASTER PLAN
MOTION:
Moved:
Vote:
IX. BUSINESS
to adopt 1st reading of the above Ordinance, with the
following changes: 8th WHEREAS....in the Master Plan
upon reflection finds a lesser number appropriate; and
The Master Plan is hereby approved for five or six units,
the exact number and location to be determined at the
time and in the course of Precise Plan approval.
Edelstein, Seconded by Rockey
Ayes: Edelstein, Rockey, Bass, Bergsund
Noes: none
Absent: Hanson
8. VIA CAPISTRANO SAFETY IMPROVEMENTS
Town Engineer Bala, reviewed the Traffic Safety Committee's
recommendations. He showed a large map delineating the proposed
changes to Via Capistrano. Mr. Bass suggested these suggestions
and plans be agendized for the next Council meeting. Superintendent
of Public Works Brunini asked if the striping could be done first,
before any hearings as a beginning. Council concurred. Town Manager
Kleinert suggested that procedurally this proposed plan should be
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submitted to the Property OWners' Associations in the area and
a report made back to the Town Council.
X. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS
Director of Community Development Hanna reported that the Planning
Commission had agreed to a field trip to the Moana Property on
Saturday morning, January 26th after the presentation of the Precise
Plan by Southern Pacific. Council agreed this was an appropriate
time.
XI . ADJOURNMENT
There being no further business of the Council, Mayor Bergsund
adjourned the meeting at 11:30 p.m., Wednesday, January 2, 1980,
sine die.
ATTEST:
Town Council Minutes #519
January 2, 1980
Page 4
CORRECTED
MINUTES
TOWN COUNCIL
CALL TO ORDER
The regular meeting of the Town Council of the Town of Tiburon
was called to order by Mayor Bergsund at 7:30 p.m., Wednesday,
January 16, 1980, in the Town Manager's office, Town Hall,
Tiburon, California.
I . ROLL CALL
Present:
Councilmen:
Ex Officio:
Bergsund, Rockey, Edelstein
Town Manager Kleinert, Town Attorney
Conn
EXECUTIVE SESSION
Mayor Bergsund adjourned the meeting to Executive Session at
7:35 p.m. for the purpose of discussing possible pending
litigation.
REGULAR MEETING
Mayor Bergsund reconvened the Town Council for the regular business
meeting session at 8:10 p.m. in the Town Council Chambers, Room 9,
Reed School, Tiburon, California.
Present: Ex Officio: Superintendent of Public Works Brunini,
Director of Community Development Hanna,
Town Engineer Bala, Chief of Police
Bailey (arrived at 9:30 p.m.) Minute
Clerk Kraft
Absent: Councilmen: Bass, Hanson
II. APPROVAL OF MINUTES
#519 - Resolution #1076, change final filing date for
Council candidates to 5 p.m., January 31, 1980.
MOTION:
Moved:
Vote:
to approve Minutes #519 as corrected
Rockey, Seconded by Edelstein
Ayes: Bergsund, Edelstein, Rockey
Noes: none
Absent: Hanson, Bass
III. APPOINTMENTS TO COMMISSIONS, COMMITTEES AND BOARDS
There were none at this time.
IV. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS
Councilman Rockey reported that he had attended and League
of California Cities sponsored workshop in Los Angeles dealing
with the topic of employee relations. The League is formally
opposing SB 888.
V. PUBLIC QUESTIONS AND COMMENTS
Mr. Richard Tarrant, attorney representing the Southern
Pacific Land Company, requested that Council revise the schedule
for reviewing the SP Precise Plan so that Council will vote either
to approve or deny the plan prior to the April 8, 1980 election.
The vote would be conditional subject to the vote of the people
on the referendum asking for adoption or rejection of Ordinance 219.
Town Attorney Conn said tha~it would legal.Jp~/~~~/~P~~ftpJ~/fP
~~/PP~P~~ftf Director of Community Development Hanna said that it
would be possible to squeeze the schedule and that meetings would
*such a have to be held closer together. Council decided to wait until
vote would the February 6, 1980 meeting when all members would be present before
be legal. agreeing.
VI. CONSENT CALENDAR
'T'nwn rnlln(""il Minllrp!'; il)?n
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McCune
Item #4 was removed from the Consent Calendar.
MOTION:
Moved:
Vote:
to approve the Consent Calendar consisting of the
following items: 1. POLICE REPORT (December, 1979)
2. FINANCE REPORT (December, 1979)
3. CLAIM FOR PERSONAL INJURY (Recommend
denial)
5. DESIGNATED "NO PARKING" AREAS ON
ROCK HILL ROAD (Resolution #1081)
Rockey, Seconded by Edelstein
Ayes: Rockey, Edelstein, Bergsund
Noes: none
Absent: Bass, Hanson
VII. PUBLIC HEARINGS
5. MASTER PLAN (85 Roundhill Road, Ordinance 2nd reading)
Director of Community Development Hanna reviewed the application
and noted that at the first hearing Council had changed the text
of the Ordinance to reflect that instead of the 8 units recommended
by the Planning Commission that 5 or 6 units would be approved.
Councilman Rockey explained that although he had concurred with
the Council's action at the first hearing, upon reflection, he
decided that the 8 units applied for was fitting, considering the
dedicated land the applicant had given as open space. Planning
Commissioner Spratling was present and spoke in favor of the
8 unit application, speaking for the Commisison. He said the
application had been discussed 4 or 5 times by the Planning Commission
and that the Planning Commission felt it had a moral and legal
obligation to maintain the original agreement. Both Councilmen
Bergsund and Edelstein said they support the 5 or 6 unit appli-
cation and that 8 units would now be inappropriate.
MOTION:
Moved:
Vote:
to amend Ordinance to read "up
Rockey, Seconded by Edelstein
Ayes: Rockey
Noes: Edelstein, Bergsund
Absent: Bass, Hanson
to 8 units"
Mayor Bergsund opened the public hearing. Mr. Branwell Fanning,
representing the applicant thanked Mr. Rockey and Mr. Spratling
and spoke in favor of the 8 units in the original application. Mrs.
~~~~~~~~, President of the Rolling Hills Homeowners Association,
spoke in opposition to the project. Mayor Bergsund closed the public
hearing.
MOTION:
to adopt Ordinance 221, AN ORDINANCE OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON APPROVING THE NORWITT/
BRADY MASTER PLAN
Edelstein, Seconded by Bergsund
Ayes: Edelstein, Bergsund
Noes: Rockey
Absent: Hanson, Bass
Moved:
Vote:
Town Attorney Conn stated that it takes three votes to adopt
an Ordinance and therefore this would have to be continued until
all members are present. Council continued this application until
the February 6, 1980 meeting.
7. B.A.R. APPEAL (Sign, Carlos O'Brians)
Associate Planner McGovern reviewed the sign variance application
and the reasons the B.A.R. rejected the application. Mr. Nott
of Carlos O'Brians offered to compromise on their original application.
Mayor Bergsund suggested Council uphold the B.A.R. decision and
refer Mr. Nott back to the B.A.R. to work out a compromise solution.
MOTION:
to refer this application back to the B.A.R. for
their January 17, 1980 meeting
Rockey, Seconded by Edelstein
Ayes: Rockey, Edelstein, Bergsund
Noes: none
Absent: Bass, Hanson
Moved:
Vote:
Town Council Minutes #520
January 16, 1980
Page 2
VIII. BUSINESS
8. ENVIRONMENTAL IMPACT REPORT (Cibrian Property, 5100 Paradise
Drive)
Director of Community Development Hanna reviewed the report.
Mayor Bergsund asked if the Planning Commission had recommended
the EIR be certified and Mr. Hanna said yes. Resident Steve
Nash requested the Town Council to consider the EIR very carefully
in light of the new information that the RUSD is preparing to sell
property near this site. Councilman Rockey asked if Mr. Widman
was requesting that Council not certify the EIR and Mr. Nash said
yes. Mayor Bergsund asked if Mr. Widman's letter could be included
as part of the EIR.
MOTION:
Moved:
Vote:
to certify the EIR report for the Cibrian Project
on Paradise Drive
Edelstein, Seconded by Rockey
Ayes: Edelstein, Rockey, Bergsund
Noes: none
Absent: Bass, Hanson
4. ABAG POPULATION PROJECTION (Endorsement of ABAG's
Projections for 1979)
Mayor Bergsund and Councilman Edelstein both suggested that
the figures used by ABAG for Tiburon's sphere of influence were
far too high. Council directed Staff to gather more information
from ABAG particularly substantiating data. Council continued
this item until February 6, 1980.
9. PREFERENTIAL PARKING PERMITS (Consideration of
proposed Ordinance)
Director of Community Development Hanna reviewed the proposed
preferential parking ordinance. Town Attorney Conn suggested
that the proposed ordinance would not be legal and other avenues
of approach should be tried. Councilman Edelstein suggested that
some sort of preferential parking permits for residents be
incorporated into the SP Precise Plan.
10. POLICY FOR STREET NAMING (Heritage Commission
Recommendation)
This item was continued to the February 6, 1980 meeting.
11. TIBURON PENINSULA GOVERNMENTAL AGENCIES
(Park and Landscape Maintenance bid)
The Redwood Landscaping of Santa Rosa was the only bid
received by the Tiburon Governmental agencies for parks and
landscape maintenance. Tiburon's share of the bid was estimated
to be $72,000. Louis Brunini, Superintendent of Public Works,
estimates that the cost to his department is presently $47,000.
MOTION: to deny the bid received as being to expensive for
the Town to undertake, and thank Redwood Landscape
for their efforts.
Moved: Rockey, Seconded by Edelstein
Vote: Ayes: Rockey, Edelstein, Bergsund
Noes: none
Absent: Bass, Hanson
12. PROPERTY TAX TRANSFERS FOR ANNEXATIONS (Proposed
County/Town Agreement)
Town Manager Kleinert summarized the proposed annexation
formula to accommodate a shift in property tax revenues by adoption
of the proposed resolution. The property tax exchange for all
annexations would be for 1979-80.
MOTION: to adopt Resolution No. 1082, A RESOLUTION OF THE
TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A POLICY
OF PROPERTY TAX EXCHANGE FOR ALL ANNEXATIONS COMMENCING
FISCAL YEAR 1979-80.
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Motion: Edelstein, Seconded by Rockey
Vote: Ayes: Edelstein, Rockey, Bergsund
Noes: none
Absent: Bass, Hanson
13. MASTER PLAN RICHARDSON BAY LINEAL PARK (Planning Commission
and Park and Recreation Commission Recommendations)
Director of Community Development Hanna reviewed the Richardson
Bay Lineal Park Master Plan and reported on the changes the
Planning Commission suggested. Resident Charles Wills once again
requested that trees be planted to shield his view. Councilman
Rockey asked that the plan include the desirability of undergrounding
of any utilities required. Town. Engineer Bala suggested wording
be included saying that Tiburon Boulevard may have to be widened
at Blackie's Pasture to alleviate hazards and accommodate traffic
capacity at full buildout. Town Manager Kleinert said that at
some point we would have to address the question of increased and
continuing landscape maintenance costs.
MOTION:
Moved:
Vote:
to adopt the Richardson Bay Lineal Park Master
Plan subject to the inclusion of amendments to the
Master Plan by the Planning Commission and Town Council.
Rockey Seconded by Edelstein
Ayes: Bergsund, Rockey, Edelstein
Noes: none
Absent: Bass, Hanson
IX. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS
A. Dispatching Merger with Mill Valley Police Department
Chief Bailey reported that work is continuing with the
groundwork and feasibility of a trial period wherein Mill Valley
will handle Tiburon's dispatching. They are presently waiting
for a definite answer from Pacific Telephone on the availability
of needed telephone lines.
B. Town Manager Kleinert reported that we still haven't
had a response from CAL/TRANS of our December 19th letter.
X. ADJOURNMENT
There being no further business of the Council Mayor Bergsund
adjourned the meeting at 12:30 a.m., Thursday, January 17, 1980,
sine die.
~1(~
Joa R. Bergsun , Mayor
ATTEST:
~;ffL~r/Clerk
Moved:
Vote:
10. AGINS VS. TOWN OF TIBURON (Authoriza-
tion to SolicitrYFinancial Assistance)
Rockey, Seconded by Hanson
Ayes: Rockey, Hanson, Bergsund, Bass, Edelstein
Noes: none
Absent: none
VI. PUBLIC HEARINGS
6. MASTER PLAN (85 Roundhill Road, Ordinance, 2nd Reading)
Mayor Bergsund opened the public hearing. Branwell Fanning,
representing the applicant, spoke in favor of the originally applied
for 8 units to be built on the property. Resident Mr. Charles Sofnas
spoke in favor of a lesser number of units. Mayor Bergsund closed
the public hearing. Councilman Rockey spoke in favor of the 8 units
saying that ~q,iew of the time frame and the original commitment he felt
this was appripriate.
MOTION: to approve the Ordinance (#221) allowina up to 8 units
to be built on the property.
Moved: Rockey
This motion died for lack of a second.
MOTION: to approve the Ordinance submitted allowing up to
5 or 6 units on the property.
Moved: Edelstein, Seconded by Bass
Vote: Ayes: Edelstein, Bass, Bergsund, Hanson
Noes: ;f## Rockey
Absent: none
7. ADOPTION OF 1979 UNIFORM BUILDING CODES (Set Public
Hearing for Feb. 20, 1979)
Director of Community Development Hanna reviewed the procedure
for adopting the uniform building codes.
MOTION:
Moved:
Vote:
to read by title only the proposed Ordinance.
Edelstein, Seconded by Bass
Ayes: Edelstein, Bass, Bergsund, Hanson, Rockey
Noes: none
Absent: none
Mayor Bergsund read, AN ORDINANCE OF THE TOWN OF TIBURON AMENDING
CERTAIN SECTIONS OF CHAPTER 13 OF THE TIBURON MUNICIPAL CODE RELATIVE
TO THE ADOPTION BY REFERENCE OF THE 1979 EDITION OF THE UNIFORM
BUILDING CODE, THE UNIFORM MECHANICAL CODE, ESTABLISHING FEES BY
RESOLUTION, REQUIRING PERMITS FOR HOT TUBS, AND SOLAR DEVICES.
MOTION:
Moved:
Vote:
to adopt first reading of the above Ordinance.
Edelstein, Seconded by Rockey
Ayes: Edelstein, Bass, Rockey, Bergsund, Hanson
Noes: none
Absent: none
Council set the date for the public hearing and 2nd reading of the
Ordinance for March 5, 1980.
8. MASTER PLAN (4545 Paradise Drive, Ordinance, 1st Reading
and certification of EIR)
Director of Community Development Hanna reviewed the proposed
application for development of 4545 Paradise Drive. Councilman Edelstein
suggested that the Town not accept the dedication of the driveway
at this time because of future maintenance problems. Council asked
Staff to insert in the Ordinance for Master Plan approval that a
pedestrian access from Paradise Drive to the open space designated be
provided. Mayor Bergsund opened the public hearing. The attorney
representing the applicant (Pellegrinelli) said that they objected
to the placement of the trail through the triangular portion of the
open space in the rear yard and requested that the trail be designated
as it is presently being used. Councilman Hanson asked how the applicant
proposed to handle the water problems. The engineer for the project
said that the Fire District has assured that there will be adequate
water pressure. Mayor Bergsund closed the public hearing.
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CORRECTED
TOWN COUNCIL
MINUTES
CALL TO ORDER
The regular meeting of the Town Council of the Town of Tiburon
was called to order by Mayor Bergsund at 7:30 p.m., Wednesday,
February 6, 1980 in the Town Manager's office, Town Hall, Tiburon,
California.
I. ROLL CALL
Present:
Councilmen:
Ex Officio:
Bergsund, Bass, Rockey, Edelstein
Town Manager Kleinert, Deputy Town
Attorney Ragghianti
EXECUTIVE SESSION
Mayor Bergsund adjourned the meeting to Executive Session at
7:35 p.m. for the purpose of discussing possible pending litigation.
REGULAR MEETING
Mayor Bergsund reconvened the Town Council for the regular business
meeting at 8:15 p.m. in the Town Council Chambers, Room 9, Reed
School, Tiburon, California.
Present: Councilman: Hanson
Ex Officio: Town Manager Kleinert, Director of Community
Development Hanna, Superintendent of Public Works
Brunini, Chief of Police Bailey, Town Engineer Bala,
Minute Clerk Kraft
II. APPROVAL OF MINUTES
#520 - page 1, Item V, line 7, ..."Town Attorney Conn said that
such a vote would be legal.1I Page 2, change McKewon to McCune.
MOTION:
Moved:
Vote:
to approve Minutes #520 as amended
Edelstein, Seconded by Rockey
Ayes: Edelstein, Rockey, Bergsund
Noes: none
Abstain: Hanson, Bass
III. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS
Councilman Rockey reported that he had attended the Redwood
Empire meeting of the League of California Cities in Ukiah. Items
of interest discussed were the possible revival of railroad service
from Northern California to Marin County, the marijuana industry in
the North and and presentation of a deferred compensatinn plan ny
representatives of the Hartford LLfe Insurance Company.
IV. PUBLIC QUESTIONS AND COMMENTS owners
property 'th the
. Tiburon ress w~
Resldent Nat Marans h,.........---. 'Cove/Old k of prog ke were
a letter fr~~ ~1 of Lyford n at the lacmbers whO spo
-- ther roembers ssed concer other roe rt Talbott.
He and o. alSO expr~ ordinance. tOni, and Be
Associat~Onto the zon~ng Elmo DeMar ~
aroendroe~ts Kell Larsen,
Bill Kr~vda,
_~cU to the Consent Calendar.
__~.v~: to approve the Consent Calendar consisting of the
following items: 1. POLICE REPORT (January, 1980)
2. ABAG, AIR QUALITY PLAN STATUS
(Resolution #1084)
3. SOUTHERN PACIFIC PRECISE PLAN REVIEW
(Revised Schedule)
4. P & R SPECIAL EVENT APPLICATION
(Bicycle Motocross)
5. APPEAL B.A.R. DECISION (Carlos
O'Brians, continued from 1/16/80 mtg)
9. POLICY FOR STREET NAMING (Heritage
Commission Recommendations)
Town Council Minutes #521 February 6, 1980 Page 1
MOTION:
Moved:
Vote:
to certify the EIR for 4545 Paradise Drive as submitted.
Rockey, Seconded by Bass
Ayes: Rockey, Bass, Bergsund, Edelstein, Hanson
Noes: none
Absent: none
MOTION: to delete item #11 from the proposed Ordinance allowing
for the trail to be cut through a triangular portion of
the rear yard.
Moved: Hanson, Seconded by Rockey
Vote: Ayes: Hanson, Bass, Bergsund, Rockey, Edelstein
Noes: none
Absent: none
MOTION:
Moved:
Vote:
to read by title only the proposed Ordinance
Rockey, Seconded by Hanson
Ayes: Hanson, Rockey, Bass, Bergsund, Edelstein
Noes: none
Absent: none
Mayor Bergsund read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON APPROVING THE PELLEGRINELLI MASTER PLAN
MOTION:
Moved:
Vote:
to adopt first reading of the above Ordinance
Hanson, Seconded by Rockey
Ayes: Rockey, Hanson, Bass, Bergsund, Edelstein
Noes: none
Absent: none
VII. BUSINESS
The second reading of the Ordinance will be on February 20, 1980.
11. EMPLOYEE SALARY ADJUSTMENT (Associate Planner)
Town Manager Kleinert reported that a salary adjustment was
being requested for Associate Planner, Lynn McGovern.
MOTION:
Moved:
Vote:
to accept the recommendation that the
salary be adjusted to $1504/month.
Hanson, Seconded by Rockey
Ayes: Hanson, Rockey, Bergsund, Bass,
Noes: none
Absent: none
Associate Planner's
Edelstein
VIII. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS
A. Letter from Town's Risk Manager re: Speed Bump Controls
Town Manager Kleinert reported that a letter had been received
from the Town's Risk Manager stating that speed bump controls are
unsafe on paved streets. COuncilman Edelstein reiterated that the
speed bumps on his street (~}l~ are a definite deterrent to
excess speed. Superintendent of Public Works Brunini and Town Engineer
Bala supported the letter but agreed that speed bumps on unimproved
roads are not as much of a hazard.
lacienda
)ri ve
B. Letter from State Solid Waste Management Board re: Litter
Control Grant
Town Manager Kleinert reported that Council must make its intention
known to the State Solid Waste Management Board if it wants to apply
for the litter control grant. Council concurred and expressed interest
in using the money,if granted, for cleaning up of the shoreline along
the multi-use path and perhaps for some ridgeline cleanup.
MOTION:
Moved:
Vote:
to make application for the Solid Waste Management
Board for grant money to be used for litter control.
Rockey, Seconded by Hanson
Ayes: Rockey, Hanson, Bergsund, Bass, Edelstein
Noes: none
Absent: none
C. Tiburon Emergency Plan (Excerpts Noting Plan Organization)
February 6, 1980
Page 3
Town Council Minutes #520
Town Manager Kleinert presented excerpts from the Town's
Emergency Plan and urged all Councilmen and Staff to become familiar
with the plan.
Councilman Hanson expressed concern that members of the Board of
Adjustments and Review have not fully been informed of the specifics
of the proposed Southern Pacific development plan. Council discussed
this matter and agreed that during the precise plan stage it is imperative
that all members of the Board participate fully.
Mayor Bergsund reported on a meeting with representatives of the
Reed Union School District regarding the crossing guard program. There
still is not a crossing guard at the Greenwood Beach Road intersection.
RUSD is satisfied with the program at this time and expressed the hope
that it can continue next year.
There was a discussion regarding the recycling depot and it was
decided not to expend any money at this time to improve the facility.
It is the hope of the Council that the hours can be extended that staff
can man the depot more regularly.
IX. ADJOURNMENT
There being no further business of the Council, Mayor Bergsund
adjourned the meeting at 11:15 p.m., to Wednesday, February 20, 1980
sine die.
/") .']
~L If. ~~ZL
Joan . Bergsund, May r
ATTEST:
Town Council Minutes #520
Febaruary 6, 1980
Page 4
TOWN COUNCIL
MINUTES
CALL TO ORDER
The regular meeting of the Town Council of the Town of Tiburon was called
to order by Vice-Mayor Bass at 8:01 PM, Wednesday, February 20, 1980 in
the Town Council Chambers, Room 9, Reed School, Tiburon, California.
I. FOLL CALL
PRESENT: Councilmembers: Edelstein, Bass, Hanson, Rockey
Ex-Officio:
Town Manager Kleinert, Director of Community
Development Hanna, Chief of Police Bailey,
Superintendent of Public Works Brunini,
Town Engineer Bala, Town Attorney Conn,
Deputy Town Treasurer Nadritch
ABSENT: Councilmember:
Bergsund
II. APPROVAL OF MINUTES
#521 - page 2, Item #10, change Solicity to Solicit
page 2, Item #6, line 6,...saying that if view..., change
to saying that in view
page 2, Item #6;-un4er vote, Noes: Change from none to Rockey.
page 3, Item VIII A., line 4 change (Noche Vista) to (Hacienda
Drive)
page 1, Item IV, after last sentence add: He and other members
of Lyford Cove/Old Tiburon Property Owners Association also
expressed concern at the lack of progress with the amendments
to the zoning ordinance. Other members who spoke were Bill
Krivda, Kell Larsen, Elmo DeHartini, and" Bert Talbott.
MOTION:
Moved:
Vote:
to approve minutes #521 as amended
Edelstein, Seconded by Rockey
AYES: Edelstein, Bass, Hanson, Rockey
NOES: None
ABSENT: Bergsund
TII. TOWN COUNCIL, COMMISSION AND COHMITTEE ORAL REPORTS
There were none at this time.
IV. PUBLIC QUESTIONS AND COMMENTS
Council discussed the problems now occuring with development and condominium
conversions in the R-2 zone. A 60 day emergency moritorium was discussed
that would effect pending applications, which there are none at this time.
Councilman Hanson reviewed the discussion that took place at the February
13, 1980 Planning Commission meeting on this subject. It was suggested
that Staff look into recent applications to see how a floor area ratio
would effect buildings. Council directed Director of Community Development
Hanna to refer the matter of a limited moritoriurn to the Planning Commission
for recommendation. Council established a schedule of considering the
recommendations of the Planning Commission on March 5, 1980. If the
Council determined a moritorium to be worthy of consideration they
would direct the Town Attorney to prepare an Ordinance for consideration
at the March 19, 1980 Town Council meeting.
Town Manager Kleinert reported on the favorable response to Mayor Bergsund's
letter to all Cities and Counties in California regarding Agins V.
City of Tiburon.
Resident Stone Coxhead of the Reedlands Homeowners Association stated
their Association is supporting the Town and donating $150.00.
V. CONSENT CALENDAR
Item #3, Harbor Cove Annexation, was removed for further discussion.
Item #2, Cal/Trans Maintenance Agreement was removed to the March 5, 1980
meeting so Town Attorney Conn could review the agreement.
MINUTES #522
FEBRUARY 20, 1980
Page 1
,
."
~ ...e~~
MOl'ION:
to approve the Consent Calendar consisting of the folloving item:
1. FINANCE REPORl' (January 1980)
Moved:
Vote:
Edelstien, Seconded by Hanson
AYES: Edelstein, Bass, Hanson, Rockey
NOES: None
ABSENT: Bergsund
VI. PUBLIC HEARINGS
4. MASTER PLAN (4545 Paradise Drive, Ordinance, 2nd Reading)
Director of Community Development Hanna reviewed the modifications to
the Ordinance approving the Master Plan, that were suggested at the
last meeting. After discussing the problems that could arise in
accepting dedication at a later date, Council asked that the Ordinance
be amended to read that the width and location of the pedestrian easement
to be dedicated be determined on the Precise Planinc~uding the easement
from Paradise Drive to and through the proposed Open Space area.
MOTION:
to read by title only the proposed ordinance including the
non-substantial changes
Moved:
Vote:
Edelstein, Seconded by Hanson
AYES: Edelstein, Bass, Hanson, Rockey
NOES: None
ABSNET: Bergsund
Vice-Mayor Bass read, AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON APPROVING THE PELLEGRINELLI MASTER PLAN.
MOTION:
to adopt the second reading of the above Ordinance with ~~
non-substantial changes.
Edelstein, Seconded by Hanson
AYES: Edelstein, Bass, Hanson, Rockey
NOES: None
ABSENT: Bergsund
Moved:
Vote:
VIII. BUSINESS
5. FINANCIAL DATA PROCESSING (Conversion of the Town's system)
Deputy Town Treasurer Nadritch explained the problems the Town has
incurred during the past 18 months with our current data processing
system at Corte Madera. He explained that he has looked into the
Bank of America's data processing system and how the bank could
taylor the system to the Town.~,s needs.
MOTION:
To approve conversion of the Town's data processing
system to the Bank of America
Bass, Seconded by Hanson
AYES :' -""'1l-o",Edelstein, ""-Bass, Hanson, Rockey
NOES: ';'" None ,....
ABSENT: Bergsund
Moved:
Vote:
6. REPORT ON RESTORATION OF THE TIBURON MARSH (Accept Planning
'G0mmission's Recommendation that the Plan be adopted)
Director of Community Development Hanna explained one condition of
,approval of the S0utherir>.;!?~9,i:fiq:,J)lan was, the applicant is required
tq restore t~ting''iffirrsh and maintain it for a period of time
recommende~'~the Town Engineer. A marsh committee was formed and
compiled a plan for restoration. Council discussed the flood plane
in this area and the possibility of forming a drainage assessment
district. Council recommended the Committee continue as advisors to the
Council and Planning Commission, during the restoration & maintenance pnogr~
MOTION: to adopt the Marsh Committee's report and commend
the members for a fine job.
Moved: Rockey, Seconded by Edelstein
Vote: AYES: Edelstein, Bass, Hanson, Rockey
NOES: None
ABSENT: Bergsund
MINUTES #522
FEBRUARY 2:0, 1980
PAGE 2
3. HARBOR COVE ANNEXATION (Authorization to sign agreement providing
for future annexation to Town, if Requested)
Town Manager Kleinert explained the agreement, whereby the owners of
property requesting annexation into the Richardson Bay Sanitary District,
LAFCO, and the Town of Tiburon all agree that should the Town request
annexation of the property at some future date the owners will consent
~o the annexation. This agreement only provides a future guarantee of
annexation if the Town requests it.
MOTION:
Moved:
Vote:
that Council authorize the Mayor to sign the Agreement
Rockey, Seconded by Hanson
AYES: Edelstein, Bass, Hanson, Rockey
NOES: None
ABSENT: Bergsund
VIII. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS
A. Countywide Plan Update Report (Presentation by County Staff)
Marge Macris of the County Planning Department reviewed the
transportation alternatives for the update of the County-Wide Plan.
Some alternatives are: a high-occupancy lane extended from
Greenbrae to Novato, less housing in Sonoma County, more housing
in Southern Marin, and more housing in San Francisco. These alternatives
would hopefully alleviate the traffic problem between the Civic Center
and Greenbrae Hill.
B. Proposed Tiburon Jazz Festival (Review and Comments)
Police Chief Bailey explained he has met with Torn Belton to discuss
the Jazz Festival. Bailey explained that Mr. Belton is aware that
if Main Street is closed down a Special Event application will
have to be taken out, and that any extra Police personnel put on
duty would have to be paid by them, also they must clean up.
X. ADJOURNMENT
There being no further business of the Council, Vice-Mayor Bass
adjourned the meeting at 10:50 PM, to Monday, March 3, 1980, for
the purpose of considering the Southern Pacific Precise Plan.
Mayor
TOWN COUNCIL
MINUTES
CALL TO ORDER
The regular meeting of the Town Council of the Town of Tiburon was
called to order by Mayor Bergsund at 8:15 PM, Monday, March 3, 1980,
Town Council Chambers, Reed School - Room 9, Tiburon, California.
I . ROLL CALL
PRESENT:
COUNCILMEMBERS: Edelstein, Bass, Rockey, Hanson, Bergsund
EX-OFFICIO:
Town Manager Kleinert, Town Engineer Bala,
Director of Community Development Hanna,
Chief of Police Bailey, Minute Clerk Kraft.
ABSENT:
COUNCILMEMBERS: None
II. BUSINESS
1. SOUTHERN PACIFIC PRECISE PLAN
Mr. Rodney Friedman, architect for Southern Pacific, showed slides
of the Southern Pacific Model. Tony Gazzardo answered questions
regarding the width of the shoreline park. Mayor Bergsund asked
for Staff comments. Director of Community Development Hanna stated
there are two matters for the Town Council to consider: 1) Width
of Paradise Drive and realignment of the pedestrian and bicycle
path, and 2) roof lines of the Bay housing. He also stated the
Planning Commission and Board of Adjustments have discussed Paradise
Drive being 24' wide and a 10' bike and pedestrian path. There
was a minority opinion of the Board of Adjustments that roof lines
were too monotonous and the building facades were too alike. The
Board of Adjustments wondered if Southern Pacific would consider
design change of roof lines and facades. The Planning Commission
also discussed preferential parking. Mr. Tarrant noted that the
minority opinion of the Board of Adjustments was only 1, Mr. Mallot.
2. BICYCLE PATH
The Town Council discussed the appropriate width of the pedestrian
path. It was noted that a 4 ft. width would discourage bicyclists
and roller skaters from using the path and that it would be approp-
riate if the paving material were something other than asphalt to
also discourage other types of vehicles.
Council then discussed the appropriate width for Paradise Drive
with Councilman Edelstein suggesting that Paradise Drive be main-
tained in a 28 ft. road section but that it be moved inland from
the shoreline. Mayor Bergsund felt that there should be some
separation on Paradise Drive if it were to be used for both
vehicles and bicyclists, even if the separation were only visual.
She believed that because of the economic and energy crisis, more
children would be riding bicycles to school because of the lack
of available school buses. That would mean that the danger of
riding bicycles on Paradise Drive for school children would be
heightened. After further discussion:
MOTION:
Paradise Drive be maintained as a 28 ft. road
section to be used by vehicles and bicyclists.
The pedestrian path be a separate pathway 4 to
5 ft. in width and paved with natural materials.
Paradise Drive not be separately marked for bi-
cycles but appropriate "No Parking" signs may
be placed along Paradise Drive. In addition,
Paradise Drive is to be moved a minimum of 10 ft.
inland, particularly in the restricted locations,
generally moving inland from the proposed turn-
around near Main Street to the turnaround in the
vicinity of the Caprice Restaurant.
TOWN COUNCIL MINUTES
MARCH 3, 1980
#523
Page 1
MOVED:
VOTE:
Edelstein, seconded by Bass
AYES: Bass, Rockey, Hanson, Edelstein
NOES: Bergsund
ABSENT: None
3. SOUTHERN PACIFIC DESIGN OF BUILDINGS
The Town Council then discussed the design of the proposed build-
ings. Councilmen Edelstein noted that the brown metal roofs, in
his opinion, should be discouraged because they do not weather as
other materials. Mayor Bergsund thought the variety of colors may
be more appropriate and a consideration of different materials
might also be appropriate. Southern Pacific Architect, Rodney
Friedman, noted that the shingles proposed would weather and dis-
courage future owners from painting the buildings different colors
and would be consistent with the intent of using the buildings as
a benign backdrop for the landscaping area so that they do not be-
come dominant. Mr. Friedman noted that the roofing materials on
the residential units could be shingled similar to the wall materials
and it would be appropriate to have metal roofs on the commercial
buildings to show some distinction.
It was the concensus of the Town Council that the design of the
buildings, generally as shown in the model and elevations, was
appropriate. Council did not believe the suggestions of addition-
al colors and materials and revising the roof elevations was ap-
propriate.
4. PREFERENTIAL/VALIDATED PARKING
The Town Council then discussed the parking in the area. Council-
man Edelstein felt that a preferential parking system should be
established whereby Tiburon residents could purchase stickers for
parking in the proposed parking lot. Councilman Hanson felt that
a validation system for parking including resident stickers with
some regulations on the rates would be appropriate. The Council
suggested that the Planning Commission consider such validated and
preferential resident sticker parking during the Precise Plan.
5. DOWNTOWN RECREATION AREA ADJACENT TO MARSH
The Council also discussed the potential recreation area near
the restored marsh. Council felt that the area should be used for
active recreation and that a study of potential active recreation
areas should be done. It was noted that the elevations of the
flood plain area being 6 to 8 ft. would mean that some of the
area would not be under water during the winter unless it were
an especially rainy season.
MOTION: Southern Pacific study the area from the
marsh to the property of Southern Pacific
for active recreation. The study would
include the flood control areas that would
be used during the dry months.
MOVED: Edelstein, Seconded by Bass
VOTE: AYES: Bass, Rockey, Hanson, Edelstein, Bergsund
NOES: None
ABSENT: None
III ADJOURNMENT
There being no further business to come before the Council, Mayor
Bergsund adjourned the meeting at 12:07 A.M. Tuesday, March 4, 1980.
R. L. KLEINERT, Town Manager/Clerk
TOWN COUNCIL MINUTES
MARCH 3, 1980
#523
Page 2
TOWN COUNCIL MINUTES
CALL TO ORDER
The regular meeting of the Town Council of the Town of Tiburon was
called to order by Mayor Bergsund at 8:20 P.M. Wednesday, March 5,
1980 in the Town Council Chambers, Room 9, Reed School, Tiburon, CA.
I. ROLL CALL
Present: Councilmembers:
Ex Officio:
Edelstein, Bass Hanson, Rockey, Bergsund
Town Manager Kleinert, Director of Com-
munity Development Hanna, Chief of Police
Bailey, Superintendent of Public Works
Brunini, Town Engineer Bala, Deputy Town
Attorney Ragghianti, Minute Clerk Kraft.
Absent: Councilmembers:
None
II. APPROVAL OF MINUTES
MOTION:
MOVED:
VOTE:
To approve Minutes #522, February 20, 1980, as written
Rockey, seconded by Bass
AYES: Edelstein, Bass, Hanson, Rockey
NOES: None
ABSENT: None
ABSTAIN: Bergsund
III. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS
Councilman Bass reported on the County Wide Plan Update. He re-
iterated the report of Marge Macris to the Town Council on February 20,
1980. He indicated the County Plan is looking at density changes to
lessen traffic impacts on the 101 corridor. Less housing density in
Northern Marin and increased density in Southern Marin were discussed.
Town Manager Kleinert reported that he would like to have an Open House
of the Town Hall and Police Office early in April.
IV. PUBLIC QUESTIONS AND COMMENTS
There were none at this time.
V. CONSENT CALENDAR
Item #3, ABAG AIR QUALITY PLAN (Resolution Opposing Redesignation) was
removed from the Consent Calendar.
MOTION:
1.
2.
3.
4.
5.
6.
To approve the Consent Calendar consisting of the following:
CAL/TRANS - TIBURON BLVD. MAINTENANCE AGREEMENT (Resolution#1085)
INSTALLATION OF DEFERRED COMPENSATION PROGRAM (Resolution #1086)
RED CROSS MONTH (Proclamation Designating March 1980 as such)
RBLP PRECISE PLAN (Proposal for Services, ami Lang Assoc.)
RBLP PROGRAM IMPLEMENTATION (Proposal for Services, James Lombard)
JOINT BELVEDERE/TIBURON RECREATION COMMITTEE
A. Approval of Supplemental Budget
B. McKegney Green - Temporary User Fees
ENCOURAGING THE CONTINUED DEVELOPMENT OF REGIONAL CRIMINAL JUS-
TICE PLANNING DISTRICT (Resolution #1087)
7.
MOVED:
VOTE:
Rockey, Seconded by Hanson
AYES: Edelstein, Bass, Hanson, Rockey, Bergsund
NOES: None
ABSENT: None
VI. PUBLIC HEARINGS
9. UNIFORM BUILDING CODE (Adoption of 1979 Additions, Ordinance
2nd Reading)
Director of Community Development Hanna reviewed the Uniform Building
Code noting that the code is updated every three years. Building In-
TOWN COUNCIL MINUTES # 524
March 5, 1980
Page 1
spe~tor Rodger Long was present to answer questions.
Opened the Public Hearing. There were no comments.
closed the Public Hearing.
MOTION:
MOVED:
VOTE:
Mayor Bergsund
Mayor Bergsund
To adopt Ordinance #223 AN ORDINANCE OF THE TOWN OF TIBURON
AMENDING CERTAIN SECTIONS OF CHAPTER 13 OF THE TIBURON MUNI-
CIPAL CODE RELATIVE TO THE ADOPTION BY REFERENCE OF THE 1979
UNIFORM BUILDING CODE STANDARDS AND THE UNIFORM MECHANICAL CODE.
Edelstein, Seconded by Rockey
AYES: Edelstein, Bass, Hanson, Rockey, Bergsund
NOES: None
ABSENT: None
10. 85 ROUND HILL ROAD (Precise Plan, Resolution)
Director of Community Development Hanna reviewed the proposed Precise
Plan consisting of 6 parcels. Mayor Bergsund opened the Public Hearing.
Bran Fanning representing the applicant spoke in favor of the Plan.
Councilman Edelstein suggested the size of the houses be reduced.
Councilman Bass asked for clarification as to whether the property is
divided between the two owners. Mr. Fanning stated the property was
not jointly owned but a joint application had been submitted. Each
owner is aware of the process and agrees. with the application as rep-
resented by Mr. Fanning. Deputy Town Attorney Ragghianti stated the
development should be treated as a single application. Mrs. McCune,
President of the Homeowners' Association once again expressed concern
about precedent setting and the density in the area. Mr. Charles
Sofnas, 75 Roundhill Road, related the proceeding at the Board of Ad-
justments meeting on this item. Mayor Bergsund closed the Public Hearing.
Town Engineer Bala reviewed the past proceedings and explained the soils
condition on the property.
MOTION: To approve the Precise Plan with the six parcels to be
reapportioned to obxain lots of 15,000 sq. ft. in size.
MOVED: Edelstein, Seconded by Bass
After a lengthy discussion, the motion was withdrawn.
MOTION: To approve the Precise Plan with 3 lots on the right side
and 2 lots on the left with the 5 lots being equally
divided in size.
MOVED: Hanson, Seconded by Edelstein
MOTION:
After a lengthy discussion, the motion was withdrawn.
MOVED:
VOTE:
MOTION:
MOVED:
VOTE:
MOTION:
MOVED:
VOTE:
To approve the Precise Plan for 6 lots with the minimum
lot size being 10,000 sq. ft each lot.
Edelstein, Seconded by Bass
AYES.~.'~Edelstein, Bass, Hanson, Rockey, Bergsund
NOES: None
ABSENT: None
To approve the Precise Plan for 6 lots with an additional
condition #7 to be added to the resolution to provide that
the actual lot lines of the parcels are to be redrawn to
more evenly distribute the square footage of the lots with
no one lot having less than 10,000 sq. ft. and the Precise
Building envelopes shall be determined by the Board of
Adjustment and Review and Planning Commission bearing in
mind the applicants' statement in the submittal that each
residence will be approximately 2,500 sq. ft. in size.
Bass, seconded by Edelstein
AYES: Edelstein, Bass, Hanson, Rockey, Bergsund
NOES: None
That Resolution #1088 be approved
Hanson, Seconded by Rockey
Unanimous
Town Council Minutes #524
March 5, 1980
Page 2
11. CONDOMINIUM CONVERSION ORDINANCE (First Reading)
Director of Community Development Hanna stated that it would not be
appropriate to have first reading of the ordinance as the Town Attorney
has not yet made his recommendations.
Deputy Town Attorney Regghianti commented generally on. the ordinance
and asked that under definitions another category be added after Community
Apartment, "#3 Stock cooperatives." Mayor Bergsund opened the Public
Hearing. Resident Nat Marans asked that Community Development Director
Hanna's recommendations be adopted where garages would be excluded from
the floor area. Elmo DeMartini asked that the owners or architect be
required to certify that their building is legal in every aspect. Mr.
San Chez stated that the proposed ordinance will complicate the issue
of condominium conversion and not encourage a mix of housing. Mayor
Be~gsund closed the Public Hearing and after a lengthy discussion, a
committee of the Council was "formed consisting of Councilmernbers Hanson,
Edelstein and Town Attorney Conn to rework the Ordinance.
VII. BUSINESS
12. R-2 ZONE MODIFICATIONS (Discussion of proposed revisions and limited
moratorium. )
Director of Community Development Hanna reviewed the R-2 modifications.
Councilman Hanson stated he does not think there is an emergency and
does not support a moratorium. Resident Bob Elsberg stated the present
system is working. Resident Pat McGrath said he hoped any moratorium im-
posed would exclude building in the permit process at the present time.
Mr. Heacox asked that this item be continued due to the lateness of the
hour.
MOTION:
That proposals be solicited from consultants as to the cost
and time necessary to draft the R-2 zoning modifications to
be presented to the Town Council for review.
MOVED:
VOTE:
Bass, seconded by Hanson
AYES: Unanimous
13. MAR WEST AND CENTRO EAST GUARDRAILS (Extension and modification of
existing rails)
Town Engineer Bala explained the proposed changes.
MOTION:
MOVED:
VOTE:
To approve the proposed changes
Bass, seconded by Edelstein
AYES: Bass, Edelstein, Hanson
NOES: Bergsund, Rockey
14. RING MOUNTAIN (Planning Commission Recommendations Regarding
Annexation and Sphere of Influence)
Continued
VIII. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS
A. LETTER FROM BOARD OF SUPERVISORS TO TOWN OF TIBURON re Posting of
Gasoline Prices
Continued
IX. ADJOURNMENT
There being no further business of the Council, Mayor Bergsund adjourned
the meeting at 1:15 A.M.
Robe
Town Council Minutes #524
March5, 1980
Page 3
CORRECTED
MINUTES
TOWN COUNCIL
CALL TO ORDER
The regular meeting of the Town Council of the Town of Tiburon was
called to order by Mayor Bergsund at 8:18 PM, Wednesday, March 19, 1980
in the Town Council Chambers, Room 9, Reed School, Tiburon, California.
I. ROLL CALL
PRESENT: COUNCILMEMBERS:
EX-OFFICIO:
Edelstein, Bass, Rockey, Bergsund
Town Manager Kleinert,Director of Community
Development Hanna, Superintendent of Public
Works Brunini, Chief of Police Bailey,
Town Attorney Conn, Town Engineer Bala,
Minute Clerk Bigall
Hanson
ABSENT: COUNCILMEMBERS:
II. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS
There were none.
III. PUBLIC QUESTIONS AND COMMENTS
Mr. Bruce Benjamin, resident of Corinthian Island, brought to
the attention of the Council his concerns over a restaurant proposed at
82 Main Street. Mr. Benjamin referred to a letter written by his
attorney, Mr. Kirk, and asked that this item be agendized for the
April 2, 1980 regular council meeting so his attorney may attend. MR.
Dick Brewer also spoke of his concerns. After a lenghty discussion
it was felt that the Town Attorney and Director of Community Development
need to review the zoning ordinance to see if a restaurant is allowable
in the Retail-Commercial use.
V. CONSENT CALENDAR
MOTION: to approve the Consent Calendar consisting of the
following items:
l.
2.
3.
4.
5.
FINANCE REPORT (February 1980)
CLAIM FOR DAMAGES (Recommend Denial)
POLICE REPORT (February 1980)
TRAFFIC SAFETY REPORT (March 1980)
AMENDMENT TO MASTER SALARY PLAN (Reclassification of
Position)
SPECIAL EVENT APPLICATION
a. Pacific Sun Run
b. Marin Racers Peninsula Run
TIBURON BOULEVARD DRAINAGE PROJECT PHASE II (Approval
of Matching Grant for Urban Thoroughfare Funds,
Resolution #1089)
Seconded by Edelstein
Edelstein, Bass, Rockey, Bergsund
None
Hanson
6.
7.
Moved: Bass,
Vote: AYES:
NOES:
ABSENT:
VI. PUBLIC HEARINGS
8. CONDOMINIUM CONVERSION (Ordinance, 1st reading)
This item was continued to the regular Council meeting of
April 2, 1980
9. ZONING PARCEL NEAR PLAYA VERDE (Planning Commission recommendation
to zone annexed property to RO-l, Ordinance, 1st reading)
Director of Community Development Hanna explained
this property has already been annexed into the Town. When the
property was annexed it was not prezoned. The Planning Commissions'
recommendation is to zone the property RO-l which allows one
unit per minimum one acre lot. The lot is 50,000 sq.ft., just
over one acre.
TOWN COUNICL MINUTES
#525
March 19, 1980
MOTION:
Moved:
Vote:
to read Ordinance by title only
Edelstein, Seconded by Rockey
AYES: Edelstein, Bass, Rockey,
NOES: None
ABSENT: Hanson
Bergsund
Mayor Bergsund read: AN ORDINANCE OF THE TOWN OF TIBURON AMENDING
ORDINANCE NO. 9 N.S. BY ADOPTING ZONING OF CERTAIN PROPERTY TO
THE RO-l ZONE
MOTION:
Moved:
Vote:
to approve first reading
Edelstein, Seconded by Rockey
AYES: Edelstein, Bass, Rockey, Bergsund
NOES: None
ABSENT: Hanson
VI. BUSINESS
10. R-2 ZONING MODIFICATIONS (Proposal for Services)
This item was continued because Staff has not received the
proposal.
11. POSTING OF GASOLINE PRICES (Request by County of Marin for
adoption of ordinance)
Council discussed the fact that Tiburon has only one gas station
that serves the residents of Tiburon, the residents are basically
aware of its prices. Council felt no need for the prices to be
posted.
MOTION: to table this matter and advise the County of Murin of
this action, HoweveJ:;, if the County requires a.response
from the Town of Tiburon to assist in the irnplementatJbTI
of the posting of gasoline prices throughout the Count'!
of Marini then the matter should be re-agendized for Council
consideration.
Edelstein, Seconded by Rockey
AYES: Edelstein, Bass, Rockey, Bergsund
NOES: None
ABSENT: Hanson
Moved:
Vote:
12. TIBURON SCHOOL CONVERSION (Project Status and Authorization
for funding assistance.
Councilman Rockey reported the budget transfer that was requested
was approved by the Board of Supervisors by a 4-1 vote. Councilman
Rockey also reviewed the time table of items to be completed to
enable the Town to proceed with the Tiburon School Conversion Project.
Councilman Edelstein asked if there is a possibility of using the
rear parking area for neighborhood recreation uses. ~~~
~fAd! ~a1IlW ~ AiEl ~ / ;W / MMNoff No" /o1Y~ /sletlMfEl IQlElVVci:i.r1:
ffddldffff~~YV~/~oV~~~/ Councilman Rockey requested that $5,000
budgeted for off-site improvements be allocated to conversion of the
ld TiburonMOTION: that Town Council fund the $5,000 to off-set the deficit
~hool of the Old Tiburon School Conversion project.
Moved:
Vote:
Rockey, Seconded by Bass
AYES: Edelstein, Bass, Rockey, Bergsund
NOES: None
ABSENT: Hanson
VII. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS
Town Manager Kleinert reported on the status of two meetings he
recently had regarding Ring Mountain. He also reported the Town
of Corte Madera's interest in the proposed project, being
--- the proj ect would be. in Corte Madera's sphere of influence. He asked
that two members be appointed to meet with two members each from
Corte Madera and the Board of Supervisors. Councilman Edelstein
suggested that Mayor Bergsund and Councilman Rockey be appointed
as Tiburon's committee members, they both accepted.
14. LETTER FROM CABLE CAR SEMINARS TO TOWN MANAGER (Special Event)
Town Manager Kleinert reported he has spoken with Chief of Police
Bailey regarding the convention. The only problems Police Chief Bailey
sees in this convention is that it is on a Sunday, and would be
better on a weekday.
TOWN COUNCIL MINUTES
#525
March 19, 1980
~0uncil expressed concern of having 1200 conventioneers bussed out
of Tiburon, and suggested they be brought in and out of Tiburon by
ferry., Council suggested a meeting with the Chamber of Commerce
to discuss limiting the amount of Special Events in Tiburon.
MOTION: that there be a discussion with the organizers of the
convention with the thought in mind of moving the convention
to a weekday evening and ferrying them in and out.
Rockey, Seconded by Bass
AYES: Edelstein, Bass, Rockey, Bergsund
NOES: None
ABSENT: Hanson
Moved:
Vote:
Town Manager Kleinert mentioned the gavel stand was a donation
from the Rotary Club and was presented by Hank ~?~~ Whitescarver.
Town Manager Kleinert mentioned there will be an Open House of the
Town Hall and Police Department Offices on April 7, 1980, from
5:00 - 7:30 PM, the day before the election.
Town Manager Klinert reported Stan Bala would like to forward a
response to Mr. Forbes replacement, Mr. Schaeffer, stating Tiburon
would like the FAU to proceed with the proposed Trestle Glen
intersection improvements which include widening and striping
from Greenwood Beach Road. At the same time Mr. Bala would like
them to install conduit only in areas to be paved.
Town Manager Kleinert made reference to a letter sent by Mr. Al
Curtis asking Council to adopt a resolution opposing nuclear power
plants. Council asked that Staff respond to Mr. Curtis' request
stating the Council policy is not to take action on national issues.
Town Manager Kleinert made reference to a letter sent by the Golden
Gate Bridge and Highway Transit District requesting articulated buses
be allowed to run on Roure#8. After a discussion, Council stated
they would support the articulated buses if they could make the
turns, and suggested a trial run be ordered.
ENCROACHMENT PERMIT - Don Herzog
Director of Community Development Hanna explained the application
for an encroachment permit to construct a car deck.
MOTION:
Moved:
Vote:
to approve encroachment permit
Bass, seconded by Rockey
AYES: Edelstein, Bass, Rockey, Bergsund
NOES: None
ABSENT: Hanson
VIII. ADJOURNMENT
There being no further business of the Council, Mayor Bergsund
adjourned the meeting at 10:20 PM, to Monday, March 31, 1980.
C:d1~ &tfattl(~
JO BERGSUND iJ Mayor
ATT~~
R.L. KLEINERT, TownnagerjClerk
TOWN COUNCIL MINUTES
#525
March 19, 1980
CORRECTED
MINUTES
TOWN COUNCIL
CALL TO ORDER
The special meeting of the Town Council of the Town of Tiburon was called
to order by Mayor Bergsund at 8:13 PM, Monday, March 31, 1980, in the
Town Council Chambers, Room 9, Reed School, Tiburon, California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bass, Rockey, Bergsund
EX-OFFICIO: Town Manager Kleinert, Director of Community
Development Hanna, Town Engineer Bala, Superintendent
of Public Works Brunini, Deputy Town Attorney
Ragghianti, Chief of Police Bailey (8:20 PM)
Minute Clerk Bigall.
ABSENT: COUNCILMEMBERS: Hanson
BUSINESS - Consideration of the Southern Pacific Precise Plan
Director of Community Development Hanna explained that acceptance of the
~ecise Plan by the Council would be approving traffic circulation,
,pen space area, the location, figuration of the housing and commercial
buildings. The Board of Adjustments has reviewed the plans and recommended
approval. The Planning Commission also recommend approval subject to
a number of conditions.
Mayor Bergsund opened the Public Hearing. Mike Laskey asked what the cost
would be to maintain the park and tennis courts. Town Manager Kleinert
stated it would take ~ man, costing approximately $12,000 - 14,000 per
year. Town Manager Kleinert also stated this cost would be off-set by the
estimated $75,000 property tax and business license tax revenue. Town
Manager Kleinert stated the Fire Department, Sanitary District and School
District would also benefit from the property taxes because of the dis-
tribution of the taxes. Mrs. Helen Benedict asked what the cost of the
low cost-marsh housing would be. Council suggested a separate meeting re-
garding the low cost housing, applicant's attorney concurred. Mrs. Brooks
suggested that a sliding scale of assets to low income be used for the
moderate income housing. She also asked if the project is too far along
to consider some 2 bedroom moderate income units. Director of Community
Development Hanna stated the number of bedrooms could be changed so long
as the applicant does not exceed the total residential square footage.
'ayor Bergsund suggested this be a subject for a special workshop consisting
f the Council, Planning Commision, Applicant and interested residents.
Councilman Rockey stated as long as the project stays free of Federal
subsidy then the Town of Tibuon has the power to make the elegibility
requirements for the moderate income housing.
Councilman Edelstein suggested several changes to the draft resolution.
The first being Item 1, paragraph 2, to read "Prior to the issuance of
any grading or building permit or other entitlements for the Project".
Councilman Rockey suggested adding to Item 1, paragraph 2.a. that Bicycle
racks and motorcycle parking also be added. Council had a lenghty discussion
on the use of the marsh playfield, whether is should be active or passive
recreational uses. Also whether or not the applicant should irrigate the
playfield, or have a perennial grass growing ~g~o~p~Jd need very little
maintenance. After not being able to reach a ~BaB~m~~-decision on this
item, Council decided to wait for Coucnilman Hanson's return for his
opinion. Councilman Edelstein suggested that Pg 7r of Stan Bala's letter
Paragraph 3 "Marshland area Recreation" 1st sentance read "Applicant's
property to the southwest of the marsh shall be graded, prepared and grassed,
suitable for use as a recreation practice field." The matter of irrigation
would be resolved during the Tentative Map and Design Review stage.
~ouncil then discussed widening Paradise Drive from 28' to 30' to allow for
. 5' wide bike path. After a len~~rt18~~cussion Council concurred that a
_8' wide street with 4' wide pak..ft=-s~~-:i.fiE*l 2" would be appropriate. Also
that the applicant would add more catch basins. That would result in no
curbs so that the bicycle hazard would be reduced and a smooth transition
would result. Council then discussed the parking for the commercial retail
uses. Council asked if a restaurant is proposed, and if so would there
be enough parking. Martha McCart stated the parking is on a day/night
split and would allow for enough parking for a restaurant. Council also
discussed the realignment of Paradise Drive.asking that the road be moved
inland a minimum of 10'.
TOWN COUNCIL MINUTES #526 MARCH 31, 1980 PAGE ONE
Mayor Bergsund asked the applicant how long would the pile driving go on.
Mr. Friedman stated he would explain that further after the election.
Juncil also discussed the lagoon maintenance, asking the Town Engineer
i he felt it was in the Town's best interest for the developer to maintain
the lagoon until all the bugs were worked out.
Council then discussed undergrounding of utilities. Mr. Friedman stated
the entire project would be undergrounded. Council discussed the possibility
of the applicant undergrounding utilities up to the point where the
Southern Pacific property line ends, between Paradise Drive and Mar Wes~
Las Lomas Lane intersection.
MOTION:
Moved:
Vote:
to adopt the resolution as amended
Rockey, seconded by Edelstein
AYES: Edelstein, Bass, Rockey, Bergsund
NOES: None
ABSENT: Hanson
Being no further business of the Town Council of the Town of Tiburon
the meeting was adjourned by Mayor Bergsund at 12:00 midnight, Monday,
March 31, 1980, to the regular Council meeting of April 2, 1980.
~
~//....< M~
JOAN B RGSUND, MAYOR
Town of Tiburon
ATTEST:
f((!/&S!
R.L. KLEINERT, TOWN MANAGER/CLERK
TOWN COUNCIL MINUTES
#526
MARCH 31, 1980
.GE TWO
TOWN COUNCIL MINUTES
CALL TO ORDER
The regular meeting of the Town Council of the Town of Tiburon was
called to order by Mayor Bergsund at 8:20 PM, Wednesday, April 2,
1980, Town Council Chambers, Room 9, Reed School, Tiburon, California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bass, Rockey, Bergsund
EX-OFFICIO: Town Manager Kleinert, Director of Community
Development Hanna, Deputy Town Attorney Ragghianti,
Chief of Police Bailey, Superintendent of Public
Works Brunini, Minute Clerk Bigall
ABSENT:
COUNCILMEMBERS: Hanson
III. APPROVAL OF MINUTES
#524, March 5, 1980
MOTION:
Moved:
Vote:
to approve minutes #523, March 5, 1980, as written
Bass, Seconded by Rockey
AYES: Edelstein, Bass, Rockey, Bergsund
NOES: None
ABSENT: Hanson
#525, March 19, 1980
Page 2, Section VI, Item 12, delete last sentence and change to
"Councilman Rockey requested that $5,000 budgeted for off-site
improvrnents be allocated to conversion of the Old Tiburon School.
Page 3, 3rd paragraph, correct spelling of Hank Wisecarver to
Hank Whitescarver
MOTION:
Moved:
Vote:
to approve minutes #524, March 19, 1980, as amended
Rockey, seconded by Bass
AYES: Edelstein, Bass, Rockey, Bergsund
NOES: None
ABSENT: Hanson
IV. TO~~ COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS
Councilman Rockey reported the Regional office of H.U.D. approved
the Tiburon School Conversion project on the regional level and
he is looking forward to final approval on Monday, April 7, 1980.
Mayor Bergsund reported she attended the ABAG convention on Saturday,
March 29, 1980 in regard to housing.
V. PUBLIC QUESTIONS AND COMMENTS
There were none at this time.
VI. CONSENT CALENDAR
Mayor Bergsund asked that the word restoration be changed to
preservation.
MOTION: to approve the Consent Calendar consisting of the
following item:
1. LYFORD TmfflR STRUCTURAL STRENGHTENING & PRESERVATION
Moved:
Vote:
Rockey, seconded by Bass
AYES: Edelstein, Bass, Rockey, Bergsund
NOES: None
ABSENT: Hanson
TOWN COUNCIL MINUTES
APRIL 2, 1980
#527
VII. PUBLIC HEARINGS
2. CONDOMINIUM CONVERSION (Ordinance, 1st reading)
Mayor Bergsund stated Council would not be taking any action on
this item because the Town Attorney has not had an opportunity to
review the proposed ordinance. Councilman Edelstein gave to Council
a copy of the original ordinance to show where changes have been made.
Mayor Bergsund opened the Public Hearing. Having no response, she
closed the Public Hearing.
This item was continued to the May 7, 1980 regular Council meeting.
3. ZONING PARCEL NEAR PLAYA VERDE (Planning Commission recommendation
to zone annexed property to RO-l, Ordinance, 2nd reading)
Mayor Bergsund stated Council needed to adopt the negative
declaration of Environmental Impact before adoption of the ordinance.
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
to adopt negative declaration of Environmental Impact
Edelstein, Seconded by Bass
AYES: Edelstein, Bass, Rockey, Bergsund
NOES: None
ABSENT: Hanson
to read by title only
Edelstein, Seconded by Rockey
AYES: Edelstein, Bass, Rockey, Bergsund
NOES: None
ABSENT: Hanson
Mayor Bergsund read AN ORDINANCE OF THE TOWN OF TIBURON AMENDING
ORDINANCE NO. 9 N.S. BY ADOPTING ZONING OF CERTAIN PROPERTY TO THE
RO-l ZONE
MOTION:
Moved:
Vote:
VIII. BUSINESS
to pass 2nd reading of Ordinance (#224 N.S.)
Edelstein, Seconded by Rockey
AYES: Edelstein, Bass, Rockey, Bergsund
NOES: None
ABSENT: Hanson
4. R-2 ZONING MODIFICATIONS (Proposal for Services)
Director of Community Development Hanna explained that at a prior
Council meeting it was suggested to hire an outside consultant to
revise the R-2 zoning district. He has received a proposal for services
from Martha McCart Lombard and Karlena Polamares, previous Tiburon
Planning Directors. The proposal is broken down into three phases.
The first being background research necessary for the revision. Phases
two and three being project coordination. The costs for services
is estimated at almost $10,000. Council discussed going ahead with
phase one which will be necessary for any revisions to the R-2
zoning district. There was discussion of hiring a summer intern
to do phase one.
MOTION:
Moved:
Vote:
to continue this to the first meeting in May
Rockey, seconded by Bass
AYES: Edelstein, Bass, Rockey, Bergsund
NOES: None
ABSENT: Hanson
5. SPECIAL EVERN PERMIT APPLICATION (Cable Car Seminars)
Town Manager Kleinert reported he has spoken with representatives of
Cable Car Seminars, relaying Councils' concerns of busing out the
conventioneers and moving the convention to a weekday. Chief of Police
Bailey expressed his concerns of 1200 people corning into Town, on
top of the regular tourists and residents visiting Main Street. Two
representatives of Cable Car Seminars were present in the audience
and explained they could not change the date, and that flyers have
alread gone out. The representatives explained they could ferry out
the conventioneers. Council again suggested an immediate meeting
with the Chamber of Commerce to develop a policy limiting the
amount of special events each year.
TOWN COUNCIL MINUTES
APRIL 2, 1980
#527
MOTION:
Moved:
Vote:
to deny the special event permit application
Rockey, seconded by Bass
AYES: Edelstein, Bass, Rockey, Bergsund
NOES: None
ABSENT:Hanson
IX. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS
6. 82 MAIN STREET (Report, petition, and correspondence)
Mayor Bergsund stated this item is on the agenda as in information
item, and no action will be taken at this time. Director of
Community Development Hanna reported at the last regu~ar Council
meeting he was directed to review the zoning ordinance to see if a
restaurant is allowable in the retail-commercial use. In his
review of the ordinance he found that a amendment to the master and
precise plan would have to be made to allow a restaurant at 82
Main Street. He stated the applicant has filed for the amendments
and should be heard at the next Planning Commission meeting and
corne back to the Town Council at the April 15, 1980 meeting. Mr.
K. Lambert Kirk, attorney for Bruce Benjamin and Jeffrey O'Hearn,
voiced his objections to the proposed restaurant noting specific
areas of concern and indicated that he would be prepared with
detailed information when the matter comes before the Planning
Commission and Town Council.
7. LETTER FROM L. WAITRAK TO TOWN MANAGER, DATED 3/3/80
(Via Capistrano Improvements)
Town Manager Kleinert reported this was the only letter
received to dated regarding Via Capistrano Street improvements.
Council directed staff to contact Mr. Snider, President of the
Tiburon Hills Homeowners' Association, asking for a response from
the Homeowners' Association. Council also suggested a letter
be sent to the Linkers in regard to trimming their landscaping.
Mayor Bergsund suggested Council get their notes together regarding
Ring Mountain EIR and coordinate Councils' recommendations. Mayor
Bergsund also asked that copies of the EIR be sent to the
surrounding Homeowners' Associations for their review and comments.
Council discussed McKegney Green oak tree planting. The story
poles have been placed, and the P&R department has received a
petition from homeowners on Virginia Drive opposing any planting
of trees.
X. ADJOURNMENT
Being no further business of the Town Council of the Town of Tiburon
the meeting was adjourned to Tuesday, April 15, 1980, at 10:00
PM, Wednesday, April 2, 1980.
I]
c f!- ~)'U-fk(/J1l:,_
BERGSUND, , MAYOR
Tiburon
TOWN COUNCIL MINUTES
CALL TO ORDER
The regular meeting of the Town Council of the Town of Tiburon was
called to order by Mayor Bergsund at 7:39 PM, Tuesday, April 15,
1980, Town Council Chambers, Room 9, Reed School, Tiburon, California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bass, Hanson, Rockey, Bergsund
EX-OFFICIO: Town Manager Kleinert, Director of Community
Development Hanna, Superintendent of Public
Works Brunini, Chief of Police Bailey, Minute
Clerk Stultz
CERTIFICATION OF APRIL 8, 1980 MUNICIPAL ELECTION
MOTION:
Moved:
Vote:
to approve election results
Rockey, Seconded by Hanson
AYES: Edelstein, Bass, Rockey, Hanson, Bergsund
NOES: None
Mayor Bergsund read "A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION HELD IN
AND FOR THE TOWN OF TIBURON, STATE OF CALIFORNIA, ON THE 8th DAY
OF APRIL, 1980.
Town Manager Kleinert Swore in the re-elected Councilmen, Hal
Edelstein and Dennis Ibckey.
Mayor Bergsund highlighted the year that she has served as Mayor,
noting accomplishments of the Council and items still to be completed.
Mayor Bergsund thanked her fellow Councilmen, Staff and Board
Commissioners for their help and support, she especially thanked
her husband and son for their support. Councilmembers Edelstein,
Bass, Hanson, and Rockey all expressed their appreciation to Mayor
Bergsund and commended her for a fine job as Mayor.
ELECTION OF MAYOR
Town Manager Kleinert opened nominations for Mayor.
MOTION:
Moved:
nominate Philip Bass as Mayor
Hanson, Seconded by Edelstein
MOTION:
Moved:
that nominations be closed
Rockey, Seconded by Hanson
Town Manager Kleinert announced by acclamation Philip Bass has been
elected Mayor of the Town of Tiburon for the Year 1980-81.
Mayor Bass took the Mayor's seat and opened nominations for Vice-Mayor.
MOTION:
Moved:
nominate Kirk Hanson as Vice-Mayor
Edelstein, Seconded by Rockey
MOTION:
Moved:
that nominations be closed
Bass, Seconded by Edelstein
Mayor Bass announced by acclamation Kirk Hanson has been elected
Vice-Mayor for the Town of Tiburon for the year 1980-81.
The Council then proceeded with the Regular Business of the Town Council.
I. APPROVAL OF MINUTES
MOTION:
Moved:
Vote:
to approve minutes #527 (April 2, 1980) as written
Bergsund, Seconded by Rockey
AYES: Edelstein, Bergsund, Rockey, Bass
NOES: None
ABSTAIN: Hanson
TOWN COUNCIL MINUTES
#528
APRIL 15, 1980
II. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS
Councilman Hanson discussed a letter from Stewart Hopkins
regarding TPC and the marsh restoration.
Mayor Bass reported he spoke with Bob Conn and Gary Ragghianti
this afternoon and they stated they were pleased with the way the
Agins V. City of Tiburon hearing went today before the U.S. Supreme
Court. Town Manager Kleinert reported Clem Shute will summarize
his feelings on the case at the May 7, 1980 executive session.
III. PUBLIC QUESTIONS AND COMMENTS
Resident Ralph Maloney brought to the attention of the Council
his concerns of dogs running at large, especially on the multi-use
path. Council suggested he contact Staff and have this item
agendized for further discussion.
IV. CONSENT CALENDAR
Councilman Rockey requested that more data information accompany
the Police Reports in regard to burglary statistics. Resident
Claire Edelstein commended the Police Department fO~ctheir _expeditious
response to a friends house upon calling them.
MOTION: to approve the Consent Calendar consisting of the
following items:
1. Police Report (March 1980)
2. Financial Report (March 1980)
3. Traffic Safety Committee (April 1980)
Moved:
Vote:
Bergsund, Seconded by Rockey
AYES: Edelstein, Bergsund, Hanson, Rockey, Edelstein
NOES: None
ABSENT: None
V. PUBILC HEARINGS
4. MASTER AND PRECISE PLAN (Rolling Hills Road, Ordinance, 1st reading)
This item was continued to notify surrounding homeowners of
the Public Hearing.
VI. BUSINESS
5. STREET CLOSING PERMIT APPLICATION (Downtown Main Street, Jazz
Festival, April 19, 1980)
Town Manager Kleinert explained the application to close Main
Street on Saturday, April 19, 1980 from 5:00 PM to 9:00 PM. He explained
that a band would be playing in the street from 5:30 PM to 8:30 PM.
Council expressed concern over the bands playing in the restaurants
until 1:00 AM, and the noise to the surrounding homeowners. Town Manager
Kleinert explained that if the Police Department receives complaints from
residents about the noise, then the bands will be shut down. Torn
Belton, promoter of the festival, was present to answer questions.
MOTION:
Moved:
Vote:
to approve application for the closing of Main Street
Bergsund, Seconded by Rockey
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: None
ABSENT: None
VII. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS
Town Manager Kleinert reported there would be a conference on
~imited Equity Coop on Saturday May 10th at the First Presbyterian
~hurch in San Rafael. Town Manager Kleinert also stated the conference
sponsors are asking for a $25 sponsorship, and suggested Council allocate
$25. Council unanimously agreed to allocate the $25.
Councilmember Bergsund asked Staff to confirm the date for the Board
of Adjustments Workshop.
TOWN COUNCIL MINUTES
#528 Page 2
APRIL 15, 1980
Councilman Rockey suggested, if the Town did not plan to, to advertize
for Commission vacancies.
ADJOURNMENT
Being no further business of the Town Council of the Town of Tiburon the
meeting was adjourned at 9:01 PM, Tuesday, April 15, 1980 by Mayor Bass,
sine die.
~
PHILIP ASS, MAYOR
Town of Tiburon
ATTEST:
TOWN COUNCIL MINUTES
#528 APRIL 15, 1980
PAGE 3
CALL TO ORDER
MINUTES
CORRECTED
TOWN COUNCIL
The regular meeting of wPa ~o~~ C~~ci+ o+9*ee Town of Tibu:on was called
to order by Mayor Bass/at ~:~~ ~M lnYthe Town Manager's Offlce, Town
Hall, Tiburon, California.
I. ROLL CALL
PRESENT: COUNCILMEN:
EX-OFFICIO:
ABSENT: COUNCILMEN:
Bergsund, Rockey, Bass
Town Manager Kleinert
Hanson, Edelstein
EXECUTIVE SESSION
Mayor Bass adjourned the meeting to Executive Session at 7:25 PM
for the purpose of discussing pending and current litigation.
REGULAR MEEETING
Mayor Bass reconvened the Town Council for the regular business meeting
session at 8:07 PM in the Town Council Chambers, Reed School, Tiburon, CA.
EX-OFFICIO PRESENT: Director of Community Development Hanna, Police
Chief Bailey, Deputy Town Treasurer Nadritch,
Town Engineer Bala (8:40 PM), Town Attorney
Conn, Minute Clerk Stultz
II. APPROVAL OF MINUTES
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
to approve minutes #523 - March 3, 1980 as written
Bergsund, Seconded by Rockey
AYES: Bergsund, Rockey, Bass
NOES: None
ABSENT: Edelstein, Hanson
to approve minutes #528 - April 15, 1980 as written
Rockey, Seconded by Bergsund
AYES: Bergsund, Rockey, Bass
NOES: None
ABSENT: Edelstein, Hanson
III. APPOINTMENTS TO COMMISSIONS, BOARDS, AND COMMITTEES
Mayor Bass reported tffi following Heritage Commissioners have
applied for re-appointment: Phil Molten, Marian Stine, Louise Teather,
and Charles Walters. This still leave two vacancies on the Commission.
MOTION:
Moved:
Vote:
to approve the above re-appointments to the Tiburon
Heritage Commission
Bergsund, Seconded by Rockey
AYES: Bergsund, Rockey, Bass
NOES: None
ABSENT: Edelstein, Hanson
Mayor Bass reported the term of Nick Forrell, Planning Commission,
has expired and he has asked for re-appointment.
MOTION:
Moved:
Vote:
to approve re-appointment of Nick Forrell to the
Planning Commission
Rockey, Seconded by Bergsund
AYES: Bergsund, Rockey, Bass
NOES: None
ABSENT: Edelstein, Hanson
Mayor Bass made the following appointments to Town Council Committees:
ADMINISTRATION & FINANCE: Philip Bass, Chairman; Kirk Hanson
LANDS & DEVELOPMENT: Hal Edelstein, Chairman; Kirk Hanson
PUBLIC SERVICES: Dennis Rockey, Chairman; Joan Bergsund
OPEN SPACE ACQUSITION: Kirk Hanson, Chairman; Joan Bergsund
CAL/TRAN: Hal Edelstein, Chairman; Kirk Hanson
TOWN COUNCIL MINUTES #529
MAY 7, 1980
PAGE 1
CCNSOLIDATION COMMITTEE: Hal Edelstein, Chairman; Joan Bergsund
TPC COMMITTEE: Kirk Hanson, Chairman; Joan Bergsund
RING MOUNTAIN COMMITTEE: Joan Bergsund, Chairman; Dennis Rockey
REDWOOD EMPIRE DIVISION: Dennis Rockey, delegate; Joan 3ergsund, alternate
PRIORITY SETTING COMMITTEE: Dennis Rockey, delegate; Joan Bergsund, alternate
ABAG: Joan Bergsund, delegate; Kirk Hanson, alternate
COUNTYWIDE PLAN UPDATE: Phil Bass, delegate; Kirk Hanson, alternate
TRANSIT DISTRICT: Kirk Hanson
LEGISLATIVE ANALYST: Phil Bass
BCDC: Phil Bass
i1AJOR CRIMES TASK FORCE: Dennis Rockey
IV. COMMISSION, COMMITTEE, BOARD ORAL REPORTS
A. CITIZENS AWARENESS/BURGLARY PREVENTION WEEK (Resolution)
Councilman Rockey reported the Marin County Police Chiefs Assoc.
is sponsoring the Citizens Awareness/Burglary Prevention week, which will
be designated May 19 - 26.
MOTION:
Moved:
Vote:
adopt resolution declaring May 19-26 Citizens Awareness/
Burglary Prevention Week (Resolution #1092)
Rockey, Seconded by Bergsund
AYES: Bergsund, Rockey, Bass
NOES: None
ABSENT: Hanson, Edelstein
Director of Community Development Hanna reported the Ring Mountain
EIRs are out and have been circulated. There will be a meeting next
Thursday at 8:00 PM at the Strawberry Recreation Center.
V. CONSENT CALENDAR
Councilman Rockey asked that Item #4 AUTHORIZATION TO ADVERTIZE FOR
BIDS (Multi-Use Path Widening, Phase III) be removed for further
discussion with the Town Engineer who was not present at this time.
Councilman Rockey asked that in regard to Item #5, a letter be sent
to Chairman Torn Gram, Belvedere/Tiburon Joint Recreation Committee
asking what the Committee intends to do when the two CETA positions
expire, due to the Departments heavy dependence on these positions.
The Public Services Committee (Bergsund and Rockey) agreed to meet
with Belvedere representatives to discuss the Joint Powers Agreement.
Mayor Bass asked that Item #15 (ANIMAL CONTROL, Review and recommendations
regarding present enforcement program) be moved to the Consent Calendar.
MOTION:
to approve of Consent Calendar consisting of the following
items:
1. MONTHLY POLICE REPOT (April 1980)
2. DENIAL OF CLAIM (Personal Injury)
3. AWARD OF CONTRACT (Paradise Drive Sidewalk, Phase III)
5. JOINT RECREATION COMMITTEE FUNDING (Revised formula
for Town subsidy)
6. AMENDMENT TO JOINT POWERS AGREEMENT (Marin County
Major Crimes Task Force, Resolution #1093)
7. FINANCE REPORT (April 1980)
15. ANIMAL CONTROL (Review and recommendations concerning
present enforcement program)
Moved:
Vote:
Rockey, Seconded by Bergsund
AYES: Bergsund, Rockey, Bass
NOES: None
ABSENT: Hanson, Edelstein
VII. PUBLIC HEARINGS
8. CONDOMINIUM CONVERSION (Ordinance, 1st reading)
Director of Community Development Hanna explained the process
that went into formulating the proposed Condominium Conversion Ordinance,
and the revisions to the old ordinance. He also stated prior to
adopting the ordinance, Council should adopt the Negative Declaration
of Environmental Impact. Mayor Bass opened the Public Hearing. Resident
Nat Marans spoke in favor of the proposed Ordinance but asked if a floor
area ratio could be applied to every conversion that comes before
the Planning Commission and Town Council. Resident Mr. Heacox asked
why applicant's must state the proposed selling price of the units
TOWN COUNCIL MINUTES #527
MAY 7, 1980
PATE TWO
And length of present tenants, rent structure, and lease agreements.
Director of Community Development replied this is to see what hardships
will be placed on the tenants and if they will be dislocated. Resident
Bill Krivda asked that the applicant make a statement if they have any
illegal units at the time of application for conversion. It was also
discussed that the applicant make a statement of how many units are
on the property at the time of application. Resident Bob San Chez also
spoke on the proposed ordinance. Resident Gene Marans asked for
clarification on the parking provision. Mayor Bass closed the Public
Hearing.
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
to certify the Negative Declaration of Environmental
Impact
Bergsund, Seconded by Rockey
AYES: Bergsund, Rockey, Bass
NOES: None
ABSENT: Edelstein, Hanson
to read by title only
Bergsund, Seconded by Rockey
AYES: Bergsund, Rockey, Bass
NOES: None
ABSENT: Edelstein, Hanson
Mayor Bass read "AN ORDINANCE OF THE TOWN OF TIBURON AMENDING SECTION
10-7.1 OF THE TIBURON ZONING ORDINANCE RELATING TO CONDOMINIUMS AND
CO~mUNITY APARTMENTS
Motion:
Moved:
Vote:
to adopt first reading, with the added requirement that
the application include a statement concerning the number
of units presently on the property.
Bergsund, Seconded by Rockey
AYES: Bergsund, Rockey, Bass
NOES: None
ABSENT: Hanson, Edelstein
Mayor Bass moved to Item 12 because of its relation to the above item.
12. PROPOSAL FOR SERVICES (R-2 Zoning Modifications)
Councilman Bergsund suggested since the Council is meeting with the
Board of Adjustments and Review on Monda~ that Council take no action
on this item. It was suggested to continue this item to the Budget
Hearings for funding. This item was continued until Budget Hearings.
Mayor Bass called for a recess at 9:35 PM.
Mayor Bass reconveyned the meeting at 9:43 PM.
Mayor Bass moved to Item #11.
11. MASTER AND PRECISE PLAN (Rolling Hills Road, Ord, 1st reading)
Director of Community Development Hanna explained the combined
application for master and precise plan approval. The applicant
is proposing three parcels on three acres of land. He explained
the proposed roadway would need extensive grading and retaining
walls. The applicants proposes to dedicate 20,000 sq. ft. of open
space to the Town. The road is to be privately owned and utilities
are to be undergrounded. Mayor Bass opened the Public Hearing.
William Kuhns, owner/developer, spoke on the application. Resident Bill
Goldberg mentioned this was the only cluster housing in the neighborhood
and the applicant is asking for the maximum density. Shirley Mitchell
asked what the owners could do with the commen open area. The Chairman
of the Rolling Hills Homeowners' Association asked if fewer houses
would be considered. Town Engineer Bala stated the Town should not
accept the open space unless it has been stabilized. Councilman
Rockey stated he is concerned with~he major excavation that will take
place and felt a focused EIR would be appropriate. Director of Community
Development Hanna explained the Planning Commission was satisfied with
the soils report and felt the applicant does not need an EIR. Council
suggested more information be provided them, including cross sections
through the graded area.
TOWN COUNCIL MINUTES
#529
MAY 7, 1980
PAGE 3
MOTION:
Moved:
Vote:
to continue this item
Rockey, Seconded by Bass
AYES: Bergsund, Rockey, Bass
NOES: None
ABSENT: Hanson, Edelstein
13. STREET CLOSING POLICY (Proposed Council Policy regarding closing
of Main Street)
Town Manager Kleinert explained that Staff was directed to draft
a policy for closing of Main Street because of the recent influx of
applications and problems with recent closures. Council discussed
limiting the number of events per year. This item was continued
to get Councilmen Hanson's and Edelstein's suggestions on the
draft policy.
14. SPECIAL EVENT PERMIT APPLICATION (Holiday Inns of America)
Mr. Steve Penetti of Holiday Tours explained the application
to close Main Street on Thursday, May 29, 1980. He explained there
would be approximately 800 participants and a six piece band playing
on the deck of the Dock Restaurant. Councilmemeber Bergsund stated
she would not approve of amplification of the band. Merchant Lou
Sabella spoke in favor of special events.
MOTION:
Moved:
VOTE:
to approve the special event application, excluding amplificatio
Rockey, seconded by Bergsund
AYES: Rockey, Bergsund
NOES: Bass
ABSENT: Hanson, Edelstein
16. DRAFT E.I.R. GILMARTIN DRIVE (Comments on Draft EIR and direct
consultant to prepare final)
Director of Community Development Hanna explained the Draft EIR
for two separate subdivisions, one of 5 units and the other of 10.
Engineer Bob Martin spoke on the application. Resident, Mrs. Lemon,
asked if the road is included in the EIR. Town Engineer Bala stated
the subdivision should not be approved until the road is up to Town
standards. Engineer Bob Martin stated everything will be done. Council-
member Bergsund suggested the EIR should address the road as if it would
be furnishing the maximum buildout. Town Engineer Bala stated a left
- hand turn lane would have to be built on Tiburon Blvd. and paid for by
the applicant. Council directed the Consultant to prepare the final
EIR with the understanding that Hal's and Kirk's comments would be
submitted in writing.
9. SOUTHERN MARIN RESIDENTIAL REVIEW BOARD (Amendment to Chapter 16B of
the Municipal Code, Ordinance, 1st reading)
This item was continued for further review of the amendments.
10. GENERAL REVENUE SHARING (1980-81 Allocation Program)
Town Manager Kleinert stated this Public Hearing is to hear suggestions
from interested residents where this money should be allocated. Mayor
Bass opened the Public Hearing. Having no response from the audience,
the Public Hearing was closed. Councilman Rockey asked that $7,500
be allocated to Park and Recreation improvements at the Old Tiburon
School Conversion. Councilman Bergsund suggested portable toilets
be put downtown with this money.
4. AUTHORIZATION TO ADVERTIZE FOR BIDS (Multi-Use Path Widening,
Phase III)
Town Engineer Bala stated the shoreline steps are included in the
bid plans. He explained this area of the path would not be effected
~ by the proposed SASM pipeline. Town Manager Kleinert also stated W. Nute
has asked for permission to do soil borings adjacent to the path,
and showed a map with the location of the borings.
MOTION: approve request for soils borings and authorization to
bid for multi-use path widening phase III.
TOWN COUNCIL MINUTES
#529
MAY 7, 1980
PAGE FOUR
VIII. STAFF REPORT, COMMUNICATIONS AND TOtVN MANAGER ITEMS
Town Manager Kleinert asked for authorization to write letters
to the San Francisco Foundation and Office of Criminal Justice Planning
supporting funding for a coordinated Coutny-wide crime prevention program.
Coun~il directed him to do so.
Being no further business of the Town Council, the meeting was adjourned
at 12:55 AM, Thursday, May 8, 1980, sine die.
~~
~~~: MAYOR
Town of Tiburon
CTED
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 in the Town Manager's Office, Town Hall,
Tiburon, California, Wednesday, May 21, 1980.
I. ROLL CALL
PRESENT:
COUNCILMEMBERS:
EX-OFFICIO:
Edelstein, Hanson, Bass
Town Manager Kleinert, Deputy Town
Attorney Ragghianti
Bergsund, Rockey
ABSENT:
COUNCILMEMBERS:
EXECUTIVE SESSION
Mayor Bass adjourned the meeting to Executive Session at 7:35 PM for
the purpose of discussing pending and current litigation.
REGULAR MEETING
Mayor Bass reconvened the Town Council for the regular business meeting
at 8:13 PM in the Town Council Chambers, Reed School, Room 9, Tiburon
California.
PRESENT: COUNCILMEMBERS: Edelstein, Hanson, Bergsund (8:20 PM), Bass
EX-OFFICIO: Town Manager Kleinert, Deputy Town Attorney
Ragghianti, Director of Community Development
Hanna, Town Engineer Bala, Supt. of Public
Works Brunini, Deputy Town Treasurer Nadritch,
Minute Clerk Stultz
COUNCILMEMBERS : Rockey
II. APPROVAL OF MINUTES
ABSENT:
Approval of Minutes #529, May 7, 1980, was continued.
III. APPOINTMENTS TO COMMISSIONS, BOARDS, AND COMMITTEES
MOTION:
Moved:
VOTE:
appoint David Kirchhoff to the Parks and Recreation Commission
Bass, Seconded by Edelstein
AYES: Edelstein, Hanson, Bass
NOES: None
ABSNET: Bergsund, Rockey
IV. PUBLIC QUESTIONS AND COMMENTS
Board of Adjustments and Review Commissioner, Ted Kreines thanked
Council and Staff for their attendance at last Thursday's Ring Mountain
meeting. He asked Staff to check if the Reed Union School District has
been in conformance with State Code Sec. 65402 by filing annual reports
of acquisition and deposition of its properties.
Nat Marans brought up the subject of illegal units and abatement
of these units. Council asked Staff to research illegal units and report
back.
Gene Marans asked about placing placques designating historic sites
on the S.P. property.
Town Manager Kleinert presented Councilmernbers Bergsund, Bass and
nson with their Election Certificates.
VI. CONSENT CALENDAR
Councilman Edelstein asked that item #4 be removed from the Consent
Calendar, LITTER CONTROL GRANT APPLICATION. Council asked the Town Engineer
to check into the effectivness of rumbles with Corte Madera in regard
to Item #1 TRAFFIC SAFETY REPORT-Rumbles Burrell Court.
TOWN COUNCIL MINUTES #530
MAY 21, 1980
PAGE ONE
MOTION: approve the Consent Calendar consiting of the following items:
1. TRAFFIC SAFETY COMMITTEE REPORT (May 1980)
2. SPECIAL EVENT PERMIT APPLICATION (Youth Committee Fun
Run, June 8, 1980)
3. CLAIM FOR PERSONAL INJURIES (B. Rice)
5. PLANNING COMMISSION COMENTS ON USE PERMITS IN PLANNED
DEVELOPMENT DISTRICT (Information Only)
Moved:
Vote:
Bergsund, Seconded by Edelstein
AYES: Edelstein, Bergsund, Hanson, Bass
NOES: None
ABSENT: Rockey
Mayor Bass moved to Item #13, under business.
13. MAIN STREET TURN AROUND & PARKING LOT ENTRANCE WAY
Director of Community Development Hanna explained the proposed
relocation of the ticket booth to allow for entrance and exit on Main
Street. He explained the five conditions of approval, and if the exit on
Main Street becomes a traffic hazard, exiting on to Main Street will
be prohibited. A crosswalk from Westerly Tea to Tiburon Tommies was
discussed.
MOTION:
Moved:
Vote:
approve parking entrance way subject to the Planning
Commissions' five (5) conditions
Hanson, Seconded by Edelstein
AYES: Edelstein, Bergsund, Hanson, Bass
NOES: None
ABSENT: Rockey
VIII. PUBLIC HEARINGS
6. CONDOMINIUM CONVERSION (Ordinance, 2nd reading)
Director of Community Development Hanna reviewed the condominium
conversion ordinance, stating Council has approved the negative declaration
of Environmental Impact and passed the first reading. He stated it was
requested that a statement be provided indicating the number of units
in the building at the time of application for conversion. He also stated
that tandem parking would not be allowed in the parking requirements.
Councilman Edelstein requested the following changes to the ordinance.
Page 5, Item (E) 1. A report describing the condition of, code compliance
and estimating and remaining useful life of the following elements:
Structure, walls, roofs.... Page 5, after paragraph 2, add paragraph 3
'",0 read "A report by a qualified acoustical consultant that the sound
ransmission requirements of Chapter 35 of the Uniform Building Code
for walls, floors and ceilings which separate the proposed dwelling
units will be met. The proceeding paragraphs would be renumbered
accordingly. Page 4, add to paragraph 9, "Each required parking space
shall have direct access to the street without passing over other required
parking spaces, except that the Commission may waive this requirement for
one of the two spaces required for each dwelling unit where it finds that
conditions of terrain or siting make strict adherance to this provision
undesireable.
MOTION:
Moved:
VOTE:
to approve second reading as amended
Bergsund, Seconded by Hanson
AYES: Edelstein, Bergsund, Hanson, Bass
NOES: None
ABSENT: Rockey
7. AMENDMENT TO MASTER PLAN (P. Kahn, 4881 Paradise Drive)
Director of Community Development explained the application to move
~he building envelope. The B.A.R. has considered the relocation and
,commended approval to the Planning Commission. The Planning Commission
>Las presented a modified location to the Town Council for approval. The
Applicant, Mr. Kahn, stated his reasons for moving the building envelope.
Council discussed the size and bulk of the proposed house, stating it
was not compatible with the neighborhood. Council was also concerned that
the other two building sites would be built with houses of equal size and
bulk. Mayor Bass opened the Public Hearing. Mr. Kahn stated he felt
the house was compatible with the lot and that 6% lot coverage was
acceptable.
TOWN COUNCIL MINUTES #530
MAY 21. 1980
P~~R 'T'TA711
MOTION:
give the applicant two options. Ii deny the request
to alter the envelope and the/~l~R,s~nd submit a
plan to conform to the original envelope, or 2)
permit the relocation of the envelope but with
the house being smaller in size and bulk
Mr. Kahn stated he was not happy with either alternative, but would prefer
alternative #2. Deputy Town Attorney Ragghianti asked Mr. Kahn that if
Council approves the motion, that he will return to the B.A.R. with a
plan for a house smaller in size and bulk. Mr. Kahn stated he would.
Moved: Edelstein, Seconded by Hanson
VOTE: AYES: Edelstein, Bergsund, Hanson, Bass
NOES: None
ABSENT: Rockey
8. MASTER & PRECISE PLAN (Rolling Hills Road, Ordinance, 1st reading)
This item was continued at the applicant's request.
9. SOUTHERN MARIN RESIDENTIAL REVIEW BOARD (Amendment to Chapter 16B
of the Municipal Code, Ordinance., 1st reading
Councilman Edelstein suggested this item be referred to the Lands
~nd Development Committee (Edelstein and Hanson). Council concurred.
10. APPEAL OF B.A.R. DECISION (Boat Landing, 2330 Mar East)
Director of Community Development Hanna explained the B.A.R.
denied the original application for a boat dock recommending that a
rail system be used. The applicant came back to the Board with a
revised plan with the dock shorter and narrower in size. The Board
denied the applicants revised plan. The applicant is now corning before
the Council to over-turn the Boards decision. Board of Adjustment and
Review Commissioner Knowles Hall was present to explaincthe Boards
decision. Mayor Bass opened the PUblic Hearing. Ron Hill, designer
of the dock spoke on the application stating boat docks are allowed
in the "P" zone. Resident, Howard Cohen, spoke in favor of the application.
Mr. McStay spoke against the application stating no beach would be left.
Director of Community Hanna stated he has received 5 letters, 1 opposing
and 4 supporting the dock. Council asked Staff to contact B.C.D.C. for
a-ee~y-e~-~ae~~-sae~~~fte-po~~ey~
coordination with their shoreline policy.
MOTION: that Mr. Crocker be allowed to build his dock with
the understanding he has to go through B.C.D.C.
Moved: Hanson, Seconded by Edelstein
Vote: AYES: Edelstein, Hanson, Bass
NOES: Bergsund
ABSENT: Rockey
Mayor Bass called for a 10 minute recess at 10:20 PM and reconvened the
meeting at 10:30 PM.
VIII. BUSINESS
11. STREET CLOSING POLICY (Proposed Council Policy regarding
Closing of Main Street for Special Events)
Town Manager Kleinert explained this item was continued from
the last meeting to get the missing Councilmembers comments. Council
discussed the proposed policy. Councilman Hanson suggested sponsors of
Special Events post a bond so the Town Could recover any money due for
police services, clean up, etc. eoanef~man-Bergsund-stated-street-
closfng5-th~t-5aft-the-eommanfty-are-for-the-eommonity~ President of
the Chamber of Commerce, Francis Ingalls, stated large crowds are too
hard to control. Ron, Nunn, resident of Corinthian Island, spoke in
)position of the Street closings, stating ABC liquor laws are being
.iolated, and p~ople congregate in the street. Residents Chuck Koehler
and Jane Joost also spoke against street. closures. Councilman Edelstein
recommended that the Town dispense with street closings, except those
special events sponsored and run by the Town. Council asked Staff
to determine the maximum capacity for ~~ain Street with normal traffic
circulation. Council discussed permits for groups who come to Main
Street without closing it down. Council asked that the Town Attorney
to review this question.
TOWN COUNCIL
MINUTES #530
MAY 21, 1980
PAGE three
MOTION:
that the Town no longer permit street closings except
for Town sponsored events.
Moved:
Vote:
Edelstein, Seconded by Hanson
AYES: Edelstein, Bergsund, Hanson, Bass
NOES: None
ABSENT: Rockey
12. DOWNTOWN TIBURON BOULEVARD DESIGN (Master Plan, Mar West to Beach
Road & construction drawings for Beach Road to Main Street)
Town Engineer Bala displayed a drawing of the proposed Tiburon
BlvdB defiign'd Councilman Edelstein asked about a right-hand-turn lane
at Ma~~esfo~nd Tiburon Blvd. Council discussed the bike lane and
colored pavement to differentiate the path from the roadway. Town Manager
Kleinert explained that if Council approved the basic concept of Stan's
proposal, then he could go ahead with the working drawings.
MOTION:
to authorize the Town Engineer to go ahead with the
preliminary drawings for Master Plan "All.
Bergsund, Seconded by Edelstein
AYES: Edelstein, Bergsund, Hanson, Bass
NOES: None
ABSENT: Rockey
14. REEDLAND WOODS SCHOOL PLAYFIELD (JPA for Turf Rehabilitation)
Moved:
Vote:
Town Manager Kleinert explained last year the Town requested funding
from the Board of Supervisors for renovation of the playfield, with
Strawberry Recreation, Belvedere, and RUSD expressing interest and
assistance. The Town was allocated $6,500 for this project. Belvedere
and Strawberry since then have no money for this project but support it.
RUSD has assured the Town the field may be part of the sale of the
school, but the field would remain for community use. The Town will
loose this funding if not used by the end of the fiscal year.
approve staff recommendations and try
MOTION: /to work out pro-ration funding with Belvedere and Strawberry,RUSI
Moved: Edelstein, Seconded by Bergsund
Vote: AYES: Edelstein, Bergsund, Hanson, Bass
NOES: None
ABSENT: Rockey
15. MARSH RESTORATION (Agreement between Town, TPC and Southern Pacific)
Town Manager Kleinert stated he has met with the TPC and they have
" few problems with the agreement and they would like to re-draft
~t to make their revisions. Council will review this item when the
re-draft has been received from the TPC.
16. CONFLICT OF INTEREST CODE MODIFICATIONS (Resolution)
adopt resolution amending the Town's Conflict of Interest
Code (#1094)
Bergsund, Seconded by Hanson
AYES: Edelstein, Bergsund, Hanson, Bass
NOES: None
ABSENT: Rockey
17. 1980-81 PRELIMINARY BUDGET (Setting of Public Budget Hearing Dates)
MOTION:
Moved:
Vote:
Town Manager Kleinert explained there is a conflict of,dates due
to Southern Pacific and the Budget scheduled for June 9, 1980. He
explained the two could be combined that evening. Council agreed to
combine the two meetings, with Southern Pacific being heard first, then
the Budget.
LITTER CONTROL GRANT APPLICATION (Resolution)
Council discussed the grant application, and also asked Staff to
contact Chut Dami in regard to the recycling Depot. Council would
like to see the recycling depot continue to function until curb-side
pick up is implemented. Council ~s also concerned with the mess of
the recycling depot.
TOWN COUNCIL MINUTES #530
MAY 21, 1980
PZI. ~p t;'f""ITT,...
MOTION:
Moved:
Vote:
adopt resolution approving the application for Grant
Funds for litter control (#1095)
Bergsund, Seconded by Edelstein
AYES: Edelstein, Bergsund, Hanson, Bass
NOES: None
ABSENT: Rockey
IX. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS
Town Manager Kleinert reported that today Council received a
resolution opposing Proposition 9. The request to adopt this resolution
carne from the RUSD.
MOTION:
Moved:
Vote:
to adopt resolution opposing Proposition 9
Hanson, Seconded by Bergsund
AYES: Edelstein, Bergsund, Hanson, Bass
NOES: None
ABSENT: Rockey
Town Manager Kleinert reported Council has been invited to the opening
of the new Paradise Park Fishing pier on Friday, May 23, 1980 at 10:00 AM.
X. ADJOURNMENT
Being no further business of the Town Council of the Town of Tiburon
the meeting was adjourned by Mayor Bass at 12:35 AM, Thursday, May 22, 1980,
sine die.
~J~
ATTEST:
R.L.~~LE~
TOWN COUNCIL MINUTES #530
MAY 21, 1980
PAGE FIVE
CORRECTED
--
MINUTES
TOWN COUNCIL
CALL TO ORDER
The regular meeting of the Town Council of the Town of Tiburon was
called to order by Mayor Bass at 8:03 PM, Wednesday,
June_ 4, 1980 , in the Town Council Chambers, Reed School, Room 9,
Tiburon, California.
I . ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Hanson (8:08 PM)
Rockey, Bass
EX-OFFICIO: Town Manager Kleinert, Director of Community
Development Hanna, Deputy Town Attorney
Ragghianti, Town ,Engineer Bala, Supt. of
Public Works Brunini, Chief of Police Bailey,
Deputy Town Treasurer Nadritch, Minute
Clerk Stultz
II. APPROVAL OF MINUTES
#526 - March 31, 1980
Page 1, paragraph 3, line 9, change unanimous to majority.
Page 1, paragraph 3, line 18, change to 4' wide shoulder striped
2'...
Page 1, paragraph 3, add to the end of the paragraph "Council
asked the road be moved inland a minimum of 10'."
MOTION:
MOVED:
VOTE:
to approve minutes #526 as amended
Rockey, Seconded by Edelstein
AYES: Edelstein, Bergsund, Rockey, Bass
NOES: None
ABSENT: HANSON
#529 - May 7, 1980
Under CALL TO ORDER add the date of the meeting, May 7, 1980
MOTION:
MOVED:
VOTE:
to approve minutes #529 as amended
Rockey, Seconded by Bergsund
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: None
ABSENT: None
#530 - May 21, 1980
Page 3, paragraph 1, line 2, change to read "..to alter the envelope
and Precise Plan.....
Page 3, item 10, change last line to read "coordination with
their shoreline policy."
Page 3, Item 11, delete "Councilman Bergsund stated street closings
that suit the Community are for the Community.
Page 4, Item 14, change MOTION to read: approve staff recommendations
and try to work out pro-ration funding with Belvedere, Strawberry
and RUSD.
Page 4;-rtem 12, line 3, change Mar West to Beach Road.
MOTION:
MOVED:
VOTE:
to approve minutes #530 as amended
Bergsund, Seconded by Hanson
AYES: Edelstein, Bergsund, Hanson, Bass
ABSTAIN: Rockey
III. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS
Councilman Hanson reported on last Friday's meeting with TPC
and Southern Pacific along with Mayor Bass and Town Manager Kleinert
in regard to the Marsh restoration. The Town, TPC, and S.P. will obtain
appraisers to appraise the TPC marsh property for the market value.
TOWN COUNCIL MINUTES #531
JUNE 4, 1980
PAGE 1
Councilman Bergsund reported on last Saturday's meeting with Dennis
Rice, Councilman Rockey and Bob Hanna on Ring Mountain. A joint meeting
on June 12, 1980 of the Planning Commission and Town Council has
been set up to discuss Ring Mountain.
Mayor Bass reported he, Councilman Hanson, and Town Manager Kleinert
attended the Chamber of Commerce meeting and discussed the closing
of Main Street. The Chamber stated they would like to prepare a policy
for Council review, which will hopefully be, agreeable to the merchants and
community.
Gene Marans, Chairman, Tiburon Heritage Commission, reported the bi-
centennial bench and plaque has been completely installed. She
expressed special thanks to Chuck Koehler, Nat Marans and Bob Elsberg.
IV. APPOINTMENT TO COMMISSIONS, BOARDS AND COMMITTEES
Mayor Bass suggested the nomination of Knowles Hall to the Planning
Commission.
MOTION:
MOVED:
VOTE:
nominate Knowles Hall to the Planning Commission
Bergsund, Seconded by Hanson
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: None
V. PUBLIC QUESTIONS AND COMMENTS
There were none.
VI. CONSENT CALENDAR
Supt. of Public Works Brunini stated that if the turf on McKegney
Green was not restored to his satisfaction in the proposed 45 days,
the contractor will work on it until it is. Also, he will provide
one man and a mower to be supervised by the contractor.
MOVED:
VOTE:
approve consent calendar consisting of:
1. AWARD OF CONTRACT (McKegney Green Turf Rehabilitation)
Rockey, Seconded by Edelstein
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: None
MOTION:
VII. PUBLIC HEARINGS
2. MASTER AND PRECISE PLAN (Rolling Hills Road)
Director of Community Development Hanna explained the combined
Master and Precise Plan. At the May 7, 1980, Town Council meeting the
applicant was asked to bring back cross sections and more thorough
information. Mr. Frost, Engineer for the applicant, displayed the
two previous drawings, showing the cut and fill and existing tree lines.
He also explained the highest retaining wall is 7'. Council discussed
the in-lieu fee rather. than the proposed 25,000 sq. ft. of open space
to be dedicated to the Town. Mayor Bass opened the Public Hearing.
Mr. Frost explained his study on access to the property via lf~ifV~~~~fW&n
and the reasons it is not feasible. There being no neighbors present,
the applicant agreed to continue this item to the next meeting to allow
staff to notice the surrounding home owners. Council requested the
applicant provide thorough cross sections through the property down to
the creek bed, have the property staked, and to indicate the maximum
square footage of the proposed buildings.
3. MASTER PLAN (Cibrian Project, Paradsie & Taylor Drive., Ord.,
1st reading)
Director of Community Development Hanna explained the proposed
Master Plan for 11 units off Taylor Road. The Town Council has already
certified the Environmental Impact Report, and based on the E.I.R. the
applicant has revised his master plan. The revised plan allows for
future access routes to the development. The other alternate routes are,
an extension of Robin Drive in Corte Madera, access through KMC property,
and access through Hexan property. Mayor Bass opened the Public Hearing.
David Coleman, Architect for the applicant, spoke on the alternative
access roadways. Resident Fred Manley, stated the concern of the Home
Owners Association is with access through Taylor Drive.
based upon the total number of cars that are now and would be
using Taylor Road for access and having the rest.....
road. Council suggested Mr. Coleman discuss with Mr. Kerwin of the
KMC property the possibility of using the existing fire road for access
to the Cibrian property, and when the time comes for the ~1C property
to be developed a realignment could be made if necessary to continue
to provide access to the Cibrian property. Council discussed improving
the Paradise Drive and Taylor Road intersection.
This item was continued to the next regular Council meeting so the
applicant could investigate further alternative access routes and staff
could investigate the necessary improvements to the Taylor Road and
Paradise Drive intersection. Council also requested the applicant indicate
the anticipated size of the dwellings by square footage and an accurate
building outline on the plans.
4. SOUTHERN MARIN RESIDENTIAL REVIEW BOARD (Amendment to Chapter 16B
of the Municipal Code., Ord., 1st reading)
This item was continued to the next regular Council meeting.
VIII. BUSINESS
6. RECYCLING DEPOT (Status Report)
Town Manager Kleinert explained this item was agendized after the last
Council meeting so Chut Dami could be present to answer Council's
questions. He also explained since the last meeting the bins have
been signed and the depot is continually cleaned by the route drivers.
The Novato pilot curb-side pickup has been successful and Mill
Valley Refuse feels it will be workable for Tiburon. The recycling depot
will be phased out when curb-side pickup is initiated. Mr. Darni stated
they are trying to keep the depot in order. This week M.V. Refuse
will be ordering trucks that will be able to serve Southern Marin
for the curb-side pickup and expects delivery s~metime in September
or October.
5. CONTAINER DEPOSIT ORDINANCE (Amending Effective Date)
Town Manager Kleinert explained Tiburon has adopted an ordinance
regulating the sale of beverage containers with an effective date of
July 1~~~~80. Marin County's Countywide ordinance was to become effective
when ~y~ of the County population likewise adopted similar ordinances.
San Rafael was required to adopt a beverage container ordinance for
the Countywide ordinance to go into effect. In April they rejected
a proposed container ordinance. The Town has three alternatives
to take: extend the ordinance effective date to July 1, 1982;
take no action and allow the present ordinance to go into effect; or
repeal Tiburon's beverage container ordinance.
~-10VED :
VOTE:
to extend Tiburon's beverage container ordinance
implementation date to July 1, 1982
Rockey, Seconded by Bergsund
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: None
~10TION :
7. 1980-81 PRELIMINARY TO\VN BUDGET (Introduction and Overview)
Town Manager Kleinert briefly highlighted this year's preliminary
Town budget noting: increase of overall appropriations of 4.5%,
balanced general fund operating proposal, agressive capital improvement
program and an assessed property valuaticn increase of 8%. He also stated
the operating budget wlll be increased to show personnel evaluations,
no adjustments have been made, except for the Police due to their two
year agreement with the Town. Salaries are down from last year due to
the anticipated termination of the CETA project on July 25, 1980.
Town Manager Kleinert explained he is looking into additional insurance.
Our present self-insurance plan has $100,000 deductible and the Town is
looking into to insurance to cover the first $100,000 with a large
deductible of approximately $10,000.
IX. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS
There were none
X. ADJOURNMENT
The regular Council Meeting of the Town of Tiburon was adjourned
in memory of Angelo Mirata, to Monday, June 9, 1980, at 11:40 PM,
Wednesday, June 4, 1980.
LL/4~
PHIL BASS, MAYOR
Town of Tiburon
ATTEST:
/~4m:
RdllERT L. KLEINERT, TO . MANAGER/CLERK
CORRECTED
MINUTES
TOWN COUNCIL
CALL TO ORDER
The adjourned regular meeting of the Town Council of the Town of
Tiburon was called to order by Mayor Bass at 8:15 PM, on Monday,
June 16, 1980, in the Town Council Chambers, Reed School, Room
9, Tiburon, California.
I. ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Hanson, Rockey, Bass
EX-OFFICIO: Town Manager Kleinert, Director of Community
Development Hanna, Superintendent of Public
Works Brunini, Deputy Town Treasurer Nadritch,
Chief of Police Bailey, Town Engineer Bala
II. BUSINESS
Mayor Bass declared the public hearing open for continued discussion
and consideration of the proposed 1980-81 Preliminary Town Budget. The
Town Manager stated the purpose of this session was to focus on review
of the proposed 1980-81 operating budget and capital improvement program.
The final budget hearing and adoption is scheduled for Wednesday, June
18, 1980. It was suggested that Council review and discuss each of
the departmental budgets and consider only tentative approval of each at
this time.
Prior to specific review of each individual department, Councilmember
Edelstein suggested that a separate, distinct section concerning the
revenues and expenses directly attributable to the development activity
by the Southern Pacific Railroad be incorporated into the budget
document. Council also questioned certain revenue projections for
1980-81 in comparison to previous years.
Deputy Town Treasurer Nadritch then proceeded to summarize the
individual department budgets, and Council action was as follows:
1. 110 Town Council: Councilmember ~er~sund questioned whether
~e tT.own cP.{.evio.us~ coq,t&q,u,...~ed funds ~retI'ls account to Hilarita for
ffe):"m-N7:rP:r:;eHJ-'PJ1/}->>E,PJ',ftJo/91J;t7.am~aii advi~ed no funding was provided,
but certaln public works asslstance was consldered last year.
2. 130 Town Attorney: Tentatively approved as presented.
3. 150 Town Manager/Clerk: Councilmember Edelstein suggested the
inclusion of a separate summary page illustrating total Town overhead
expenditures/costs (such as insurance, PERS, utilities, contractual
services, employee accruing fringe benefits, and other miscellaneous
costs). Tentatively approved as presented.
4. 190 CETA Program: Tentatively approved as presented. It was
noted by Deputy Town Treasurer Nadritch that the CETA program is
currently funded only through 25 July 1980.
5. 210 Building and Planning
The Town Manager recommended that line item 1260 (casual hire) be
increased to $1,500 to allow for the hire of a summer intern. It
was also recommended by the Town Manager that line item 2500 (contractual
services) be increased to $18,500 to allow for the hiring of a planner
in connection with the increased activity the Southern Pacific Railroad
development is anticipated to generate. Tentatively approved as pre-
sented, including the two above recommendations.
6. 310 Police Department
The Town Manager recommended that line item 3450 (PD Utility
Vehicle) be established to allow for the replacement purchase of a
PD utillty vehicle in the amount of $4,500. Discussion and funding
of a Marin County Narcotics Task Force was deferred until such time as
the unit has been formally created and pro-rata funding requested.
T"l 7\ ~'D f""\1\TV
Tentatively approved as presented, including the above recommendation.
7. 410 Streets/Park Maintenance
Deputy Town Treasurer Nadritch and Superintendent Brunini recommended
deletion of line item 3440 (reseeding of McKegney Green - $2,000)
in view of the fact that the Belvedere/Tiburon Joint Recreation Committee
awarded a contract for the rehabilitation of McKegney Green.
Tentatively approved as presented.
8. 430 Town Engineer
Tentatively approved as presented.
9. 510 Parks and Recreation
It was noted by Deputy Town Treasurer Nadritch that the Belvedere/
Tiburon Joint Recreation Committee currently reimburses the Town
80% of the costs of the Director's salary, salary related expenses,
and overhead items. Tentatively approved as presented.
10. 610 Tiburon Heritage Commission
Tentatively approved as presented.
Councilmember Edelstein inquired as to the status of the Town's progress
in seeking a new independent accountant, as suggested by Town Treasurer
Knight during last year's budget hearings. Deputy Town Treasurer
Nadritch noted that the Town will invite bids from various independent
accountants to perform annual audits and present Council with Staff's
recommendation.
Mayor Bass directed review of the Capital Improvements program
be continued to the June 18th budget hearing and regular Council
meeting.
III. ADJOURNMENT
There being no further public comment or Council discussion, Mayor
Bass adjourned the meeting at 11:15 PM, sine die.
~~~
Zl~~,t:~
Town of Tiburon
ATTEST:
TO~VN COUNCIL MINUTES #533
JUNE 16, 1980
PAGE TWO
CORRECTED
MINUTES
TOWN COUNCIL
CALL TO ORDER
The regular meeting of the Town Council of the Town of Tiburon was
called to order by Mayor Bass at 7:30 PM, Wednesday, June 18, 1980,
in the Town Manager's office, Town Hall, Tiburon, California.
I . ROLL CALL
Present:
Councilmen:
Ex-Officio:
Edelstein, Bergsund, Hanson, Rockey, Bass
Town Manager Kleinert, Town Attorney Conn
EXECUTIVE SESSION
Mayor Bass adjourned the meeting to Executive Session at 7:35 PM
for the purpose of discussing pending and current litigation.
REGULAR MEETING
Mayor Bass reconvened the Town Council for the regular business meeting
session at 8:15 PM in the Town Council Chambers, Reed School, Room 9,
Tiburon, California.
Ex-Officio Present: Director of Community Development Hanna,
Town Engineer Bala, Chief of Police Bailey,
Supt. of Public Works Brunini, Minute Clerk Stultz
II. APPROVAL OF MINUTES
#531 - June 4, 1980
Page 2, paragraph 2, line 3, change to read "The Chamber
stated they would like...
Page 2, Section VII., Item #2, change Hacienda Drive to
Halcyon Drive.
Page 3, second sentance, change to read "Could be built
based upon the total number of cars that are now and would
be using Taylor Road.."
Page 3, Item #5, Change 50% to 75%.
t10TION: to approve minutes #531 as amended
Moved: Rockey, Seconded by Hanson
Vote: AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: None
III. TOWN COUNCIL COMMISSION AND COMMITTEE ORAL REPORTS
Town Manager Kleinert recommended setting a date for an interview
session to fill the remaining vacancies on Town Commissions and Boards.
It was agreed to hold an informal interview session on Monday, June 30,
1980. Staff will notify all applicants of this session.
Town Hanager Kleinert displayed a stained glass window made for the
Town Hall offices by Cheryl Cotleur.
V. PUBLIC QUESTIONS fu~D C01~ENTS
There were none.
VI. CONSENT CLANEDAR
Councilman Edelstein asked that Item #11 be moved to the consent
calendar.
MOTION: to approve the Consent Calendar consisting of the following items:
1. POLICE REPORT (May 1980)
2. FINANCE REPORT (May 1980)
3. AWARD OF CONTRACT (Multi-Use Path Widening, Phase III)
4. JPA - MASTER PROPERTY INSURANCE PROGRAM
5. SPECIAL EVENTS APPLICATION (Moto Cross)
11. BEVERAGE CONTAINER DEPOSIT ORDINANCE (Extend Effective date
to July 1, 1982)
TOlVN COUNCIL MINUTES #513
JUNE 18, 1980
PAGE ONE
MovAd:
Vote:
Bergsund, Seconded by Rockey
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: Ncne
VII. PUBLIC HEARINGS
6_ MASTER & PRECISE PLAN (Rolling Hills Road., Ord., 1st reading)
Director of Community Development Hanna explained the combined Master and
Precise Plan. At the last Council meeting the applicant was requested
to provide the Council with thorough cross sections through the site,
stake the property, and indicate the maximum sq. ft. of the proposed
building~. Council discussed the stabilization of the proposed open
space to be dedicated to the Town. Town Engineer Bala staro~ '.
be stabilized with subdrainage. Mayor Bass ODP~~~
Mrs. ~/j~~~'~~'~?/'~~;?~~j asked if th~ -- -
Mitche~D-l zoning. Director ~c -
Being no fl1.,.......t..
~,
laration
've Dec
Negatl.. on
to adopt the d d by HanS d Hanson,
~~ION: secon e. Bergsun,
~~~ D Rockey, Edelstel..n, ~Luposed
MOVE: AYES: E - ...u "Che Town Engineer
VOTE: NOES: NONE ~vuncilman Bergsund asked the
ABSENT: NO~ -"~:I .Landscaped.
...u read by title only
Moved: Rockey, Seconded by Hanson
Vote: AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: None
1 Impact
'ronmenta
of EnVl..
BasS
Rockey,
1
Mayor Bass Read "AN ORDINANCE OF THE TOWN OF TIBURON APPROVING THE
HASTER PLAN FOR THE DEVELOPMENT OF 3 ACRES OFF ROLLING HILLS ROAD
(Spring Lane Assessor's Parcel No. 58-111-19.
MOTION: to adopt first reading of the ordinance as amended
Moved: Rockey, Seconded by Hanson
Vote: AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: None
7. MASTER PLAN (Cibrian Development, Paradise & Taylor Drive., Ord.,
1st reading)
Director of Community Development Hanna explained this is a Master Plan
for 11 units off Taylor Drive. This subdivision receives access
through Taylor Road. At the last Council meeting the applicant was
asked to further investigate alternative access routes to the project
and explore improvements to the intersection of Taylor and
Paradise Drives.The applicant has responded with a plan to revise
Taylor to reduce the grade and improve the site distance. The plan
also suggests moving the intersection, which would allow for better
site distance, and the Town Engineer feels it would allow for a one
car storage lane (left hand turn). Councilman Edelstein reported
the meeting with Corte Madera was unproductive in obtaining access to
Cibrian via Robin Drive. Mayor Bass opened the Public Hearing.
David Coleman explained he has contacted representatives of the KMC
and Hexan property regarding easement through their property. At this
time KMC is not interested. Hexan representatives would be willing to
discuss an easement through a triangular portion of their property
contigious to the Cibrian property. Residents Steven Nash, 90 Taylor
Road; Mr. Webber,S Barner Lane; Mr. Gallagher, 123 Taylor Road all
expressed concern over the traffic safety on Taylor Road and the
water pressure in this area. Mr. Manley, 4887 Paradise Drive, expressed
his concerns of narrowing Taylor Road, and how this would encourage
motorists to slow down. David Coleman explained the owners have made
an application for a survey from the MMWD and their initial response is
that substantial improvements will have to be made. Being no further
public input, Mayor Bass declared the Public Hearing closed. Councilman
Edelstein suggested the project be phased because of the inability to
gain access from Robin Drive, and when access is obtained the second
phase could commence.
MOTION: Limit the number of units to 6; prepare feasibility study,
advance the Taylor Road improvements to the next stage of
design, have the applicant continue to work with Corte
Madera to try to resolve the access problem, triangle of
land be secured from Hexan so the easement problem can go
forward and prevent the Hexan property from becoming
landlocked; the applicant be asked to contribute to a
traffic fund to aid Trestle GLen and Paradise Drive;
obtain Fire District approval for Taylor Road as proposed;
TOWN COUNCIL MINUTES ;!: 5~'
.TTTNR 1 R _ 1 QRn
PAGE 'I'WO
MOTION (Cont.) - approve first reading of the Ordinance as amended
Moved: Bergsund, SEconded by Edelstein
After a discussion by the Council, the motion was withdrawn.
This item was continued to the second meeting in July so the Town
Attorney and Director of Community Development could prepare
an ordinance approving 11 lots, conditioned that only 6 units could
be built upon now and the remainder built upon when an alternate
access road is provided.
Mayor Bass called for a recess at 10:40 PM. Mayor Bass reconvened the
meeting at 10:55 PM.
8. DRAFT E.I.R. LA CRESTA RESIDENTIAL DEVELOPMENT (Review Draft EIR
and Direct Consultant to prepare Final - End of Via Los Altos)
Director of Community Development Hanna explained this project is presently
in the unincorporated area of Tiburon, and will in the future be
annexed. This project will also be reviewed by the County Planning
Commission. The applicant is proposing 39 units with access off Via
Los Altos. The Planning Commission has reviewed the Draft EIR and
~ecommends the Town Council direct the consultant to prepare the Final
EIR. Mayor Bass opened the Public Hearing. Stone Coxhead, President,
Reedland Property Owners' Assoc., asked that alternative access routes
be more definitively addressed in the Final EIR. Being no further
public input, Mayor Bass declared the Public Hearing closed. Council
asked that the consultant address the impact of Ring Mountain, if
Ring Mountain gained access through the La Cresta Development. Council
asked that the cumulative traffic impacts be addressed in the Final EIR.
Council directed the Consultant to prepare the Final EIR and address
the above concerns.
9. SOUTHERN MARIN RESIDENTIAL REVIEW BOARD
This item was continued.
VIII. BUSINESS
10. YELLOW CAB TAXI FRANCHISE (Proposed Rate Increase)
Town Manager Kleinert reported the Marin City Managers are supporting
the basic meter drop increase by not the increase in waiting time.
Also, they do not wish the elderly and handicapped discount be dropped.
MOTION:
Moved:
Vote:
to approve Staff's recommendations
Hanson, Seconded by Rockey
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
12. 1980-81 PRELIMINARY TOWN BUDGET (Final Review & Adoption)
Town Manager Kleinert explained the Capital Improvement Program was
continued from Monday's Budget Session and comes on now for final
review. All items in the Capital Improvement Program were tentatively
approved as presented. It was asked that $4,000 be allocated to the
Stone Tower Improvements from the Revenue Sharing Funds. The Open Space
Acquistion and Debt Servicing Program was tentatively approved as presented.
Moved:
Vote:
- approve the Capital Imrprovement and Open Space
Aquisition Programs as amended
Hanson, Seconded by Edelstein
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
MOTION:
IX. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS
~. Tony Camagonico spoke on the Beverage Container Ordinance
and asked the Town Council to repeal its ordinance.
X. ADJOURNMENT
Being no further business of the Town Council
~~~/~?~ at 12:10 M1,
" T UT"T~""
Tiburon,
19, 1980,
---=:.~;"~~~~::;'~_~- r -
TOWN COUNCIL MINUTES
(X)RREC!'ED
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, July 2, 1980, in the Town
Manager's Office, Town Hall, Tiburon, CA
I . ROLL CALL
PRESENT:
COUNCILMEMBERS:
EX~OFFICIO:
Edelstein, Bergsund, Hanson, Rockey, Bass
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 pending and current litigation.
REGULAR MEETING
Mayor Bass reconvened the Town Council for the regular business meeting
session at 8:15 PM in the Town Council Chambers, Reed School, Room 9,
Tiburon, CA.
EX-OFFICIO PRESENT: Chief of Police Bailey, Town Engineer Bala,
Supt. of Public Works Brunini, Deputy Town
Treasurer Nadritch, Minute Clerk Stultz
II. APPROVAL OF MINUTES
#532 - June 16, 1980
Page 1, Item I, 110 Town Council, change sentance to read "Councilmember
Bergsund questioned whether the Town previously contributed funds from
this account to Hilarita for participation in Town Park and Recreation
programs.
MOTION:
Moved:
Vote:
to approve minutes #532 as amended
Rockey, Seconded by Hanson
AYES: Unanimous
#533 - June 18, 1980
Page 2, Item #6, Change an interested resident to Shirley Mitchell
MOTION:
Moved:
Vote:
to approve minutes #533 as amended
Rockey, Seconded by Hanson
AYES: Unanimous
III. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS
There were none
IV. APPOINTMENTS TO COMMISSION, BOARDS AND COt-1MITTEES
Mayor Bass recommended the reappointment of Louise Mirata to
the Heritage Commission
MOTION:
Moved:
Vote:
reappoint Louise Mirata to the Heritage Commission
Edelstein, Seconded by Rockey
AYES: Unanimous
V. PUBLIC QUESTIONS AND COMMENTS
Stone Coxhead, President, Reedlands POA, reported on the Highlands
Property which has recently been sold for approximately $1.2 million
to the Innisfree Company. The County Planning Commission will hold
a hearing on July 28, 1980 on re-zoning of this property. Mr. Coxhead
and Councilman Hanson met with representatives of Innisfree, and their
plan would take into consideration 3 units per acre. Mr. Coxhead
expressed an urgency in Tiburon prezoning this property. Mayor Bass
directed this item to the Lands and Development Committee (Edelstein &
Hanson) to work with the Planning Commission to see that the Town gets
out a timely decision to the County.
Town Manager Kleinert introduced Cheryl Cot leur to the Town Council.
Ms. Cotleur's stained glass window was displayed at the last Council
meeting.
'T'()WN r()TTNrTT. MTNTT'T'F.S i514
JULY 2. 1980
PAGE ONE
Public Questions and Comments (Con't.)
Jocelyn McDonnell, President, Hawthorne POA, expressed her concerns
over the traffic safety at the intersection of Tiburon Boulevard and
Rock Hill Road. Mrs. Roberts and Mr. Dillon also expressed their
concerns. Council directed Staff to adgendize this matter for the
July 16, 1980 regular meeting.
VI. PUBLIC HEARINGS
1. MASTER & PRECISE PLAN (Rolling Hills Road., Ord, 2nd reading, and
Resolution)
Town Manager Kleinert explained this item is on for the second reading
of the ordinance approving the Master Plan for 3 units. Mr. Kuhns
asked that #10 in the ordinance read ...3,600 sq. ft. of gross floor
area per dwelling unit.... Because Council had not received the
resolution approving the Precise Plan for this project, Precise Plan
approval was continued to the next Town Council meeting.
MOTION:
Moved:
Vote:
approve second reading of the ordinance as amended
Bergsund, Seconded by Rockey
AYES: Unanimous
VII. BUSINESS
2. COUNTYWIIDE DISTASTER EXERCISE (Participation in August 21, 1980
Exercise No. 12 - Memorandum of Understanding)
Town Manager Kleinert reported the Town of Tiburon has been asked
to participate in a Countywide Distaster Exercise on August 21, 1980.
He explained not much staff time would be taken up in coordinating
this exercise. Staff is recommending the Town participate.
MOTION:
Moved:
Vote:
approve Staff's recommendation
Rockey, Seconded by Hanson
AYES: Unanimous
3. 1980-81 TOWN BUDGET (Adoption, Resolution)
Deputy Town Treasurer Nadritch explained the 1980-81 Budget is
presentedto the Council for final adoption. The Town has learned that
the CETA program will be extended to September 30, 1980. Salary
adjustment for 1980-81 will be forthcoming at the Council meeting of
July 16, 1980, and will be incorporated into the Final Budget. The
1972 Open Space Bond Tax Rate will be adopted prior to September 1, 1980.
Town Manager Kleinert also asked that Council approve three (3)
budget transfers in the General Fund from our Restricted Funds.
They are: $45,000 to insurance, $52,300 to Capital Replacement and
Restoration, and $24,000 to Civic Center Improvement. Council asked
Staff to re-examine its recommendation not to change the Town's accounting
system to a modified accrual basis.
MOTION:
Moved:
Vote:
to approve 1980-81 Town Budget, including budget transfers
Edelstein, Seconded Rockey
AYES: Unanimous
4. MUNICIPAL GENERAL LAW/TOWN COUNCIL ELECTIONS (Consideration of
Corte Madera & Novato's proposal to combine and/or shife elections)
Town Manager Kleinert reviewed Corte Madera's and Novato's proposals
to consolidate elections. He explained of the two proposals, Corte
Madera's appears to be more attractive. Tiburon would realize a slight
cost savings by consolidating elections. This past year's election was
based on cost per City for each registered voter. Councilman Hanson
and Edelstein questioned the cost savings if a special election was
called, and opposed both proposals. Councilmembers Rockey and Bergsund
stated we have an obligation to save money where ever possible. Mayor
Bass expressed concern over division of efforts in consollimted elections.
Moved:
Vote:
that the Council does not support any changes to the
election system
Edelstein, Seconded by Hanson
AYES: Edelstein, Hanson, Bass
NOES: Bergsund, Rockey
MOTION:
VIII. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS
5. AYALA DAY (September 20, 1980)
'flnTA71\T (",(,,\TT"'l(",TT MTMTT'T'....c:: H: c:; 1.4
.TTHV? 1 QA(\
Pr.r:R 'T'wn
Council recommended Ayala Day be held in honor of George and Phyllis
Ellman.
Charles Walters of the Heritage Commission reported that since the
Council rejected the bids for the Stone Tower repair~because they
exceeded the Town Engineer's estimate and funds available, several
things have developed. Namely, Mr. Jack Trainor has asked to do the
job for approximately $10,000. The.only way this job could be done
would be by day-labor. On a day-labor basis, Council questioned
liability insurance. Town Manager Kleinert explained this would be
covered by the Town's liability insurance. The Town would also
act as the Contractor for this work. Council expressed their concern
over rushing this job along, and asked if the Town Engineer's specifications
could be altered and sent out to be re-bidded. Town Engineer Bala
stated the specifications could be altered, but the estimate would
probably be more than Mr. Trainor's estimate to do the work. Staff
has preapred a resolution to approve this procedure.
MOTION: to approve the resolution subject to: Town Attorney
and Town Engineer do not have any problems with the
insuranc~and the work can be done on a forced account/
day labor basis; that. 'the Town Engineer advises. the Town
that the total cost of this work shall not exceed $12,000
and the work can be done to the satisfaction of the Town
Engineer and Town Attorney.
Moved: Bergsund, Seconded by Edelstein
Vote: AYES: Edelstein, Bergsund, Hanson, Bass
NOES: Rockey
MOTION~
the following clause be added to the resolution: in the
event the efforts for this motion fails, then the Town
Engineer be authorized to put this project out for
rebidding
Edelstein, Seconded by Hanson
AYES: Unanimous
Moved:
Vote:
IX. ADJOURNMENT
Being no further business of the Town Council of the Town of Tiburon
Mayor Bass adjourned the meeting in honor of Larry Haines, Sanitary
District #5, at 10:50 PM, Wednesday, July 2, 1980, sine die.
ATTEST:
f~~.
ROBERT L. KLEINERT, TOWN AGE R/CLE RK
~~
PHILIP S, MAYOR
TOWN COUNCIL MINUTES #534
JULY 2, 1980
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 7:35 PM, Wednesday, July 16, 1980, in the
Town Manager's Office, Town Hall, Tiburon, CA.
I. ROLL CALL
PRESENT: COUNCIIJffiMBERS: Edesltein, Bergsund, Rockey, Bass
EX-OFFICIO: Town Manager Kleinert, Deputy Town Attorney
Ragghianti, Director of Community Development
Hanna
ABSENT: COUNCILMEMBERS:
Hanson
EXECUTIVE SESSION
Mayor Bass adjourned the meeting to Executive Session at 7:40 PM for the
the purpose of discussing pending and current litigation.
REGULAR MEETING
Mayor Bass reconvened the Town Council for the regular business session
at 8:25 PM in the Town Council Chambers, Reed School, Room 9, Tiburon, CA.
EX-OFFICIO PRESENT: Chief of Police Bailey, Deputy Town Engineer
Strandgaard, Supt. of Public Works Brunini,
Deputy Town Treasurer Nadritch, Minute Clerk
Stultz
II. APPROVAL OF MINUTES
#534 - July 2, 1980
MOTION: to approve minutes #534 as presented
Moved: Bergsund, Seconded by Edelstein
VOTE: AYES: Edesltein, Bergsund, Rockey, Bass
ABSENT: Hanson
III. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS
There were none
IV. APPOINTMENTS TO COMHISSIONS, BOARDS AND COMMITTEES
Mayor Bass recommended the appointment of Robert Pringle to the
Planning Commission.
MOTION: to appoint Robert Pringle to the Planning Commission
Moved: Edelstein, Seconded by Rockey
VOTE: AYES: Edelstein, Bergsund, Rockey, Bass
ABSENT: Hanson
Mayor Bass recommended the appointment of Stone Coxhead to the
Board of Adjustments and Review
MOTION: to appoint Stone Coxhead to the Board of Adjustments & Review
Moved: Rockey, Seconded by Edelstein
Vote: AYES: Edelstein, Bergsund, Rockey, Bass
ABSENT: Hanson
Mayor Bass recommended the appointment of Margarita Atkin as community
representative to the Tiburon Ecumenical Association
MOTION: to appoint Margarita Atkins as community representative
to the Tiburon Ecumenical Association
Moved: Rockey, Seconded by Bergsund
Vote: AYES: Edelstein, Bergsund, Rockey, Bass
ABSENT: Hanson
Mayor Bass explained the opening on the Planning Commission was due to
Al Barsimanto's resignation, and commended Mr. Barsimanto for his service
~nd dedication to the Town.
Town Manager Kleinert reported another interview session will be held on
Wednesday, July 23, 1980, at 6:30 PM for Board vacancies.
Councilman Edelstein asked Staff to agendize a discussion pertaining to
Two meetings a month for the Board of Adjustments.
TOWN COUNCIL MINUTES #535
JULY 16, 1980
PAGE ONE
V. PUBLIC QUESTIONS AND COMMENTS
Resident David Rath explained he had received approval from the
Planning Commission to convert two units to condominiums and one requirement
of approval was that he replace the wood retaining wall with concrete.
He asked the Council to make a decision on who is to maintain this
retaining wall which was ~uilt on the Town right-of-way. Mayor Bass
explained the Council couldn't make a decision on this question, due to lack
of information, and asked Mr. Rath to meet with the Town Engineer and Town
Attorney to try to resolve this matter. If agreement could not be reached,
this item would be agendized on the July 29, 1980, Council meeting.
VI. CONSENT CALENDAR
Town Manager Kleinert explained that Staff would like to set a public hearing
for abatement-order to show cause- at 1810 Vistazo West. The Hearing date
would be August 6, 1980, and asked that this item be added to the Consent
Calendar.
MOTION: to approve the Consent Calendar consisting of the following
items:
Moved:
Vote:
1. FINANCE REPORT (June 1980)
2. POLICE REPORT (June 1980)
3. TRAFFIC SAFETY REPORT (July 1980)
4. CLAIM FOR PERSONAL DAMAMAGES (Recommend denial)
4.a. SET PUBLIC HEARING DATE OF AUGUST 6, 1980, FOR ORDER
TO SHOW CAUSE (1810 vistazo West)
Bergsund, Seconded by Rockey
AYES: Edelstein, Bergsund, Rockey, Bass
ABSENT: Hanson
VII. PUBLIC HEARINGS
6. PRECISE PLAN (Rolling Hills Road, Resolution)
Town Manager Kleinert reported that at the June 18, 1980, regular
Council meeting, Council adopted the Negative Declaration of Environmental
Impact on this pvoject. It was Motion/Second Rockey, Hanson, with a
unanimous vote to approve. This motion was left out of the minutes of
June 18, 1980. Director of Community Development Hanna explained this item
is on for approval of the Precise Plan. One concern of the Council was
maintenance of the roadway and suggested #13 be added to the resolution.
13. The applicant shall submit Condition, Covenants and Restrictions
to the Department of Community Development for review and approval
by the Town Attorney. The CC&R's should clearly state the
responsibility for maintenance of the roadways between the property
owners and should guarantee the maintenance of the roadway in
perpetuity.
Mr. Kuhns, applicant, asked that the word "or maintenance agreement" be
inserted in #13 after Condition, Covenants and Restrictions and CC&R's.
Mayor Bass opened the public hearing. Being no response from the audience,
Mayor Bass declared the public hearing closed.
MOTION:
Moved:
Vote:
adopt Resolution (#1099) as amended
Edelstein, Seconded by Bergsund
AYES: Edelstein, Bergsund, Rockey, Bass
ABSENT: Hanson
6(a). NOTICING REQUIREMENTS FOR PROCESSING OF MASTER AND PRECISE DEVELOPMENT
PLANS
Deputy Town Attorney Ragghianti explained this urgency ordinance would
amend Section 10-4 (G) of the Tiburon Zoning Ordinance relating to Master
and Precise Plan public noticing requirements. The current procedure
is 10 days notice and this ordinance would change it to 5 days notice.
If this ordinance is passed tonight it would go into effect immediately.
Mayor Bass opened the Public Hearing. Being no response from the audience,
Mayor Bass declared the Public Hearing closed.
MOTION: to ready by Title only
Moved: Rockey, Seconded by Edelstein
Vote: AYES: Edelstein, Bergsund, Rockey, Bass
ABSENT: Hanson
Mayor Bass read: "AN URGENCY ORDINANCE OF THE TOWN OF TIBURON AMENDING
SECTION 10-4 (G) OF THE ZONING ORDINANCE, CONCERNING NOTICE REQUIREMENTS
FOR PROCESSING OF MASTER AND PRECISE DEVELOPMENT PLAN APPLICATIONS.
'T'OvJN r.mlNr.II. MINUTES #535
JULY 16, 1980
PAGE TWO
MOTION:
Moved:
Vote:
to adopt ordinance (#227)
Bergsund, Seconded by Edelstein
AYES: Edelstein, Bergsund, Rockey, Bass
ABSENT: Hanson
VIII. BUSINESS
7 HARBOR CARRIERS (Request for rate increase)
Town Manager Kleinert explained the proposed rate increase.
The PUC will act on this request without public hearing if no protests
are received. Councilman Edelstein recommended the Town Council protest
this rate increase. If was felt this increase would encourage more auto
traffic. Councilmember Bergsund suggested it be asked that Harbor Carriers
institute a family rate. Council questioned whether the Alcatraz run will
have a fare increase. Couneil directed Staff to prepare a letter
protesting the proposed rate increase. Also, Staff was directed to
prepare a statistical report on the rate increase, and contact Berkeley,
Sausalito, San Francisco, State Dept. of Parks and Recreation, CAL/TRANS,
and the Golden Gate Bridge and Highway District to join in our protest.
8. TIBURON BOULEVARD TRAFFIC SAFETY (Discussion of Traffic Safety
Problems relating to Speeding, Intersections, and Crossing Guards.
Chief of Police Bailey reviewed an accident count at the intersection
of Rock Hill Road and Tiburon Blvd. CAL/TRANS has performed a warrant
check at this intersection to see if it qualifies for a stop light.
The intersection passed only one of the three required warrants,
traffic flow. Chief Bailey explained there is a vertical and horizontal sight
distance probleID- (It . this intersection. Residents Jack Oliver, Lonnie
Valentine, Frank Hermansky, Mrs. Denton, Mrs. Oliver all spoke of their
concerns with this intersection. It was suggested that an under or over
pass be looked into, a stop sign at the crest of the hill where the bike
path intersects with Tiburon Blvd, Shaving the hill and trimming of the
vegitation. Council directed Staff to prepare a study on the acquisition
of Tiburon Blvd. from CAL/TRANS and the related maintenance costs, and to
reagendize this item for the first meeting in September. Also to check
with CAL/TRANS what the criteria is for stop sign warrants. Councilman
Rockey urged all interested residents to send letter to CAL/TRANS stating
their concerns.
5. l1ASTER PLAN (Cibrian Development, Paradise & Taylor Drive,
Ordinance, 1st reading)
Director of Community Development Hanna reviewed the application
for Master Plan approval. He explained the ordinance has been revised
to clarify requirements of the Marin Municipal Water District, incorporate
the modification to the circulation plans, clarifying easement over
triangular portion of the adjacent property to insure future access and
adding a condition of contributing to the traffic fund for improvements
to the Trestle Glen/Tiburon Blvd. intersection. Approval of the ordinance
would allow for an 11 unit subdivision with 6 lots for immediate development
and 5 available for construction at a future date. The six lots to be
developed must be shown at the Precise Plan Stage. Mr. C~leman asked
that Council approve 7 units for development, as to make the project
break even. Mayor Bass opened the public hearing. Being no response
from the audience, Mayor Bass declared the public hearing closed.
Council directed that paragraph lib" on page three be deleted, that in
paragraph "a" add additional or alternative route...be added, 2 (L)
be modified to read: Prior to the issuance of building permits, applicant
shall contribute to a Traffic Improvement Fund, to be used for traffic
improvements to the Trestle Glen/Tiburon. Boulevard and Paradise Drive/
Trestle Glen intersections; 1 (K) be changed to read: In order to
mitigate the substantial and adverse traffic impacts described in the
Environmental Impact Report prepared in connection with its Application,
the Council hereby finds that only :6 of the 11 units approved shall be
with a dwelling unit improved at this time.
MOTION:
Moved:
Vote:
to read by title only
Bergsund, Seconded by Rockey
AYES: Edelstein, Bergsund, Rockey, Bass
ABSENT: Hanson
Mayor Bass read: "AN ORDINANCE OF THE TOWN OF TIBURON APPROVING THE
MASTER PLAN FOR THE DEVELOPMENT OF 18 ACRES OFF TAYLOR ROAD AND PARADISE
DRIVE, BEING THE CIBRIAN MASTER PLAN
TOWN COUNCIL MINUTES #535
JULY 16, 1980
PAGE THREE
MOTION:
Moved:
Vote:
to approve first reading as amended
Bergsund, Seconded by Rockey
AYES: Edelstein, Bergsund, Rockey, Bass
ABSENT: Hanson
9. BUILDING PERMIT FEES (Adopt Revised Fee Schedule for Plumbing,
Mechanical, Electrical & Swimming Pool Permits, Resolutuion)
This item was continued.
ADJOURNMENT
Mayor Bass adjourned the regular meeting to executive session for the
purpose of discussing salary negotiations.
At 12:30 AM, Thursday, July 17, 1980, Mayor Bass reconvened the regular
Council meeting.
VIII. BUSINESS
10. EMPLOYEE SALARY ADJUSTMENTS (1980-81, Resolution)
r1oved:
Vote:
that the Town Council adopt the annual salary program and
schedule for 1980-81 as recommended by the Town Manaaer
effective July 1, 1980 -
Rockey, Seconded by Bergsund
AYES: Edelstein, Bergsund, Rockey, Bass
ABSENT: Hanson
MOTION:
Mayor Bass Adjourned the regular meeting of the Town Council of the
Town of Tiburon to Thursday July 29, 1980, 8:00 PM, Town Council
Chambers, Reed School Room 9.
~
. Phil" ass, M~or
TOWN COUNCIL MINUTES #535
JULY 16, 1980
PAGE FOUR
CORRECTED
TOWN COUNCIL MINUTES
CALL TO ORDER
Mayor Bass called the regular meeting of the Town Council of the Town of
Tiburon to order at 7:15 PM, Wednesday, August 6, 1980, in the Town
Manager's office, Town Hall, Tiburon, CA.
ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass
EX-OFFICIO: Town Attorney Conn
Director of Community Development Hanna
Deputy Town Treasurer Nadritch
ABSENT: COUNCILMEMBER: Hanson
EXECUTIVE SESSION
Mayor Bass adjourned the meeting to Executive Session at 7:20 PM for the
purpose of discussing pending and current litigation.
REGULAR MEETING
Mayor Bass reconvened the Town Council for the regular business session
at 8:13 PM, in the Town Council Chambers, Reed School, Room 9, Tiburon, CA.
PRESENT: COUNCILMEMBER: Hanson (8:20 PM)
EX-OFFICIO:
Town Engineer Bala
Supt. of Public Works Brunini
Minute Clerk Stultz
II. APPROVAL OF MINUTES
#535 - July 16, 1980
MOTION:
Moved:
Vote:
to approve minutes #535 as written
Bergsund, Seconded by Rockey
AYES: Edelstein, Bergsund, Rockey, Bass
ABSENT: Hanson
III. TOWN COUNCIL, COMMISSION, AND COMMITTEE ORAL REPORTS
a. Elva Edger (SMSA Representative)
Elva Edger, Community Representative to the Southern Marin
Sewage Agency reported on the status of the proposed sewage pipeline
from Mill Valley through Tiburon and discharging in the Racoon Straights.
Councilman Edelstein commended Elva for her fine and dedicated work on
both the SMSA Board and the Southern Marin Residential Review Board.
b. Board of Adjustments & Review (Discuss Meeting Schedule)
Director of Community Development Hanna explained this item is
on the agenda at the request of the Council at its last regular meeting.
He explained the purpose of the Board, and that most meetings adjourn around
10:30 PM. Board member Malott stated he and other members of the Board
do not feel it is necessary to meet twice a month. Councilman Hanson
felt it was appropriate to meet twice a month, in view of the fact the
S.P. Tentative Map will be corning up soon. Associate Planner, Lynn
McGovern, reported that their meetings run smoothly, one-half the items are
continued at the request of the owner or applicant, and one month
in between meetings allows sufficient time for the applicant to revise
their plans. The B.A.R. has prepared a 30 page guideline for applicants
and the Board. Council expressed concerns by the public over the length
of time it takes to get approval from the Board, if an item is continued.
MOTION: that there be a six (6) months trial period where the
Board of Adjustments and Review meet twice a month.
After this trail period, it will be decided if the Town
and Public are happy with the changes.
Moved: Edelstein, Seconded by Bergusnd
Vote: AYES: Edelstein, Begsund, Hanson, Bass
NOES: Rockey
TOWN COUNCIL MINUTES #53& AUGUST 6, 1980 PAGE ONE
Charles Walters, Tiburon Heritage Commissioner, reported the first phase
of repairs has been completed on the Stone Tower, and should be well
within budget.
IV. APPOINTMENTS TO COMMISSIONS, BOARDS, AND COMMITTEES
Mayor Bass recommended the reappointment of Jim Wilson to the
Planning Commission
MOTION:
Moved:
Vote:
reappoint Jim Wilson to the Planning Commission
Bergsund, Seconded by Hanson
AYES: Unanimous
Mayor Bass recommended the reappointment of Kay Flowers to the
Parks and Recreation Commission
MOTION:
Moved:
Vote:
reappoint Kay Flowers to the Parks & Recreation Commission
Hanson, Seconded by Rockey
AYES: Unanimous
V. PUBLIC QUESTIONS AND COMMENTS
There were none
MOTION:
VI. CONSENT CALENDAR
to approve consent calendar consisting of:
Moved:
Vote:
1. ENCROACHMENT PERMIT (Amendment to Encroachment
Permit, 1810 Centro West)
5. MASTER PLAN (Gilmartin Drive, Chan & Tai, Ordinance,
Applicant requests continuance)
6. PRE-ZONING OF HIGHLANDS PROPERTY (Recommend
continuance to 8-20-80)
7. CERTIFY FINAL EIR - MASTER PLAN (La Cresta, Via
Los Altos, continue to 8-20-80)
Rockey, Seconded by Hanson
AYES) Unanimous
VII. PUBLIC HEARINGS
2. MASTER PLAN (Cibrian Project, Paradise & Taylor Drive,
Ordinance, 2nd reading)
Director of Community Development Hanna explained first reading
approving the Master Plan for an 11 unit subdivision with six (6) units
for development was approved at the last regular Council meeting.
The improvrnents to the Taylor Road/Paradise Drive intersection would be
decided at the Precise Plan stage. Mayor Bass opened the public hearing.
Abass Bazgar, applicant, explained how long the project has been in
the making. He asked that the Council approve the Master Plan for seven
(7) lots to be developed now and four (4) at a future date, to make the
project economically feasible. If approved for seven they will do the
improvements to the Taylor Road/Paradise Drive intersection. Being no
further response from the audience, Mayor Bass declared the public
hearing closed. Town Engineer Bala stated the intersection
improvrnents would be a substantial improvement over what there is now.
MOTION:
Moved:,
Vote:
to ready by title only, with the amendment to allow seven
(7) units for development, and the Taylor Road/Paradise
Drive intersection improvrnents mandatory
Edelstein, Seconded by Hanson
AYES: Unanimous
Mayor Bass read "AN ORDINANCE OF THE Tmm OF TIBURON APPROVING THE CIBRIAN
MASTER PLAN FOR THE DEVELOPMENT OF 18 ACRES OF LAND OFF TAYLOR ROAD
AND PARADISE DRIVE
MOTION:
Moved:
Vote:
to adopt ordinance (No. 228 N.S.) as amended
Edelstein, Seconded by Hanson
AYES: Unanimous
Mayor Bass called for a recess at 9:20 PM. Mayor Bass reconvened the
meeting at 9:35 PM.
TOWN COUNCIL MINUTES #536
AUGUST 6, 1980
PAGE TWO
3. ORDER TO SHOW CAUSE (1812 vistazo West, Resolution)
Director of Community Development Hanna explained at the last regular
council meeting a public hearing was scheduled for this matter. The
Building Inspector has inspected the property, and since the last
council meeting, the garage has been taken down. A building permit was
not obtained for the work that has been done to date. Engineer Ken
Frost has made a report on the property. Town Engineer Bala stated the
report is thorough and stresses correction of drainage. Mayor Bass
declared the Public Hearing open. Mr. Torn Seaton, counsel for Mr.
Mitchell and Mr. Brock, explained the property is in litigation as to title.
Because the title to the property is not settled, a loan for extensive
repairs couldn It re obtained. Since the garage has been taken down, he asked
that his clients only be asked to improve the drainage. Town Engineer
Bala stated the building is now being occupied, and the building should
be made safe for the occupants. Mr. Seaton recommended that Mr. Frost
prepare a follow up letter on the building explaining what he feels
needs to be done to make the building safe to occupy and this letter be
presented to council at the next meeting to consider.
Moved:
Vote:
That a building permit be obtained for work that has been
done. That Mr. Frost prepare a letter on the property
with a detailed list of those items necessary to make
the property safe and habitable. Work to be done to the
Bass, Seconded by Hanson Satisfaction of the Town Engineer
AYES: Unanimous
MOTION:
4. MASTER PLAN (Gilmartin Drive, von der Werth, Ordinance)
Director of Community Development Hanna explained the application
before the Council is for a master plan for five (5) parcels on
2.4 acres in the RPD-2 zone. Two (2) separate subdivisions are the
subject of this EIR, one EIR for both projects. The Final EIR has been
prepared and the Planning Commission at their last meeting considered the
Master Plan. The Planning Commission believed that the original proposal
for five (5) units was not appropriate and recommends the Town Council
approve the application for four (4) units instead of the proposed five.
Action before the Town Council is to certify the Final EIR and consider
the Master Plan. The Ordinance reflects the recommendations of the
Planning Commission including limiting the number of parcels to four.
Council dsicussed the amount of cut and fill proposed in the Master Plan.
council discussed the open space in-lieu fee for not offering any open
space to the Town and it was noted that the subdivision Ordinance required
a fee equal to $500 per parcel. Council discussed that lots 3 and 4
have identified landslides and the proposed building envelopes over laps
the slide area, in the Precise Plan Council would certainly want to study
the building envelopes more throughly. Council discussed a recommendation
in the EIR of providing traffic improvments at the intersection of Gilmartin
and Tiburon Blvd. in terms of a stacking lane. Council also discussed the
possible formation of an assessment district for the Gilmartin Drive
road improvements. Mayor Bass opened the public hearing. Mr. Al
von der Werth, applicant, spoke on the time factor in regard to AB884.
Mr. von der Werth stated there is open space around his development so
he doesn't believe the fact that his project does not offer open space
should be of concern. He noted the traffic Report in the EIR concludes
there is not a great impact to Tiburon Blvd. from the project. Council
asked what the maximum cut and fill is as indicated on the map. Mr. Martin
Engineer for the project stated they are 2 to 1 cuts or approximately
13' _ 141 high cuts. Council asked the height of the cul-de-sac curb
above the road to the southwest. Mr. Martin stated the curb sill be about
23' above the roadway in a distance of approximately 55'. Council asked
if the pavement will asphalt or concrete. Mr. Martin stated asphalt would
be used. Town Engineer Bala stated that if the grade exceeds 18%, the
pavement will have to be concrete. Council asked if the applicant is pro-
prosing to build the dwellings or simply subdivide. Mr. von der Werth
stated he intends to build the dwellings. Ms. Gail Parran, project engineer
on the EIR asked that Council first consider approving the final EIR
before considering the project. She asked that on page 83, in the first
paragraph of the EIR on alternative A. the word "should" be changed to
"could". Being no further response from the audience, Mayor Bass declared
the public hearing closed. Councilmember Bergsund made reference to
the EIR stating that construction vehicles would be directed down Tiburon
Blvd. to a "UII turn at Lyford Drive and then to the project site,
and felt that could be disasterous during school hours. When the
Plannning Commission begins to consider the EIR and Master Plan for the
Del Madera project they might consider the extension of the road through
subdivision B up to the Del Madera Property.
TOWN COUNCIL MINUTES #536
AUGUST 6, 1980
P AGE THREE
Moved:
Vote:
to certify Final EIR in relation to both projects, as
amended by the consultant
Bergsund, Seconded by Rockey
AYES: Unanimous
MOTION:
Councilmember Bergsund stated this project as submitted, the earth moving
is significant and certainly more than the Council is in the habit of
approvibn. In the best interest of Tiburon and for the development,
she supports the draft ordinance which addresses the concerns of grading
and soils and recommends four (4) units on the property. The mitigation
measures as noted in the EIR should be more clearly specified.
MOTION:
Moved:
Vote:
to read by title only
Edelstein, Seconded by Rockey
AYES: Unanimous
Mayor Bass read IIAN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING VON der WERTH MASTER PLAN".
MOTION:
Moved:
Vote:
to approved first reading
Rockey, Seconded by Edelstein
AYES: Unanimous
8. TRAFFIC FUNDS FOR TIBURON BOULEVARD IMPROVEMENTS
Though this item was continued, Council asked why Gilmartin and
San Rafael Avenue had not been included in Paragraph (K) of the draft
ordinance, and to investigate thier inclusion.
VIII. BUSINESS
9. BUILDING PERMIT FEES (Adopt Revised Fee Schedule for Plumbing,
Mechanical, Electrical & Swimming Pool Permits, Resolution)
Council questioned the difference in square footage rates of
residential and commercial building. Building Inspector Long stated
it is easier to inspect a commercial building than a residential building,
so the difference in rates. Council questioned why two rates, one by
square footage, and one by itemized detail. Building Inspector Long
stated sometimes it is easier to calculate the permit by square footage
for a large job, and easier by itemizing for a small job. Council directed
staff to revise the proposed reso~ution to use only itemized detail for
calculating the cost of a building permit. This item was continued
to the next regular Council meeting.
10. SOUTHERN MARIN RESIDENTIAL REVIEW BOARD (Report by Land and Development
Committee)
Mayor Bass stressed that Council needs to act on this matter in
the near future. This item was continued so the Lands and Development
Committee could further investigate this matter.
11. SALARY ADJUSTMENT (Town Manager, Resolution)
This item was continued to the first meeting in September, as the
Town Manager is presently on vacation.
IX. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS
Town Engineer Bala explained CAL/TRANS' proposal for the Trestle Glen/
Tiburon Blvd. intersection improvements. The plan provides for merging
in to one lane going easterly before Greenwood Beach Road, widening should-
ers and providing a left hand storage lane turning on to Greenwood
Beach Road. At Trestle Glen there would be no left hand turn on to
Tiburon Blvd. Motorists would have to turn right on to Tiburon Blvd.
and make a "U" turn at Greenwood Beach Road, where there will be a stop
--light. Council directed Staff to agendize this matter on
the next regular Council agenda for public hearing, to get public
input on the plans. Also Staff is to have a member of CAL/TRANS present
to answer questions.
TOWN COUNCIL MINUTES #536
AUGUST 6, 1980
PAGE FOUR
X. ADJOURNMENT
Being no further business of the Town Council of the Town of Tiburon,
Mayor Bass adjourned the meeting at 12:10 AM, Thursday, August 7, 1980,
sine die.
~~Y;R
Town of Tiburon
ATTEST:
TOWN COUNCIL MINUTES #536
AUGUST 6, 1980
PAGE FIVE
CORRECTED
TOWN COUNCIL MINUTES
CALL TO ORDER
Vice Mayor Hanson called the regular meeting of the Town Council of the
Town 'of Tiburon to order at 7:15 PM, Wendesday, August 20, 1980, in the
rown Manager's office, Tiburon Town Hall, Tiburon, California.
ROLL CALL
PRESENT: COUNCILMEMBERS:
EX-OFFICIO:
Edesltein, Bergsund, Rockey, Hanson
Town Attorney Conn
Director of Community Development Hanna
Deputy Town Treasurer Nadritch
ABSENT: COUNCILMEMBER:
Bass
EXECUTIVE SESSION
Vice Mayor Hanson adjourned the meeting to Executive Session at 7:25 PM
for the purpose of discussing current and pending litigation.
REGULAJ~ MEETING
Vice Mayor Hanson reconvened the Town Council for the regular business
session at 8:10 PM, in the Town Council Chambers, Reed School, Room 9,
Tiburon, California.
PRESENT: EX-OFFICIO: Town Engineer Bala
Chief of Police Bailey
Supt. of Public Works Brunini
Minute Clerk Stultz
II. APPROVAL OF MINUTES
#536 - August 6, 1980
Page 1, III (b) under Vote: Correct spelling of Councilman Rockey
and change his vote from Aye to Noe.
Page 2, item 3, add to motion: "Work to be done to the satisfaction
of the Town Engineerll.
MOTION:
Moved:
Vote:
to approve minutes #536 as amended
Bergsund, Seconded by Rockey
AYES: Unanimous
ABSENT: Bass
/
III.
TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS
Councilman Rockey reported on a meeting with Acting Town Manager
Nadritch, John Smisseart and Harbor Carriers in regard to their proposed
rate increase.
IV. APPOINTMENTS TO COMMISSIONS, BOARDS, AND COMMITTEES
There were none.
V. PUBLIC QUESTIONS AND COMMENTS
Mrs. Dorothy Morgan announced she had a petition for signatures opposing
peripheral canal.
VI. CONSENT CALENDAR
Councilwoman Bergsund asked that Item 15 be moved to the Consent
~alendar. Councilman Rockey asked that Item 3 be removed from the Consent
:alendar. Items 8, 10 and 11 were moved to the Consent Calendar. Staff
requested that Item 4 be removed and continued to the next regular meeting.
MOTION: to adopt Consent Calendar consisting of:
1. FINANCE REPORT (July 1980)
2. POLICE REPORT (July 1980)
8. MASTER PLAN (Gilmartin Drive, Chan & Tai, Ord., 1st reading,
Continued at the request of the applicant)
TOWN COUNCIL MINU~ES #537
AUGUST 20, 1980
PAGE ONE
(Consent Calendar Cont.)
10. CERTIFY FINAL EIR - MASTER PLAN AND PRE-ZONING (La Cresta
Via Los Altos, Recommend Continuance to 9/3/80)
11. TRAFFIC FUNDS FOR TIBURON BOULEVARD IMPROVEMENTS (Recommend
Continuance to 9/3/80
15. 1980-81 CROSSING GUARD PROGRAM (Recommend Wage Increase)
Moved:
Vote:
Rockey, Seconded by Bergsund
AYES: Unanimous
ABSENT: Bass
VII. PUBLIC HEARINGS
5. ORDER TO SHOW CAUSE (J810 Vistazo West, Resoltuion)
Director of Community Development Hanna explained this item was
continued from the last meeting to allow the applicant's engineer to
prepare a list of those items that should be done immediately to make the
property safe and habitable. Councilwoman Bergsund was concerned about
having water sheet flow down the hill. Town Engineer Bala stated this
would be the only way to correct the drainage, unless the applicant seeks
permission for the property owner below to allow temporary installtion of
pipes or plastic sleeves and direct the water down to the street. Vice
Mayor Hanson opened the public hearing. Mr. Jim Brock ,applicant, spoke on
the Engineer's letter, stating he will proceed with the items required.
Vice Mayor Hanson closed the public hearing. Councilwoman Bergsund
asked that the word compromized in the resolution be changed to complies.
MOTION:
Moved:
Vote:
to adopt resoltuion as amended (#1112)
Rockey, Seconded by Bergsund
AYES: Unanimous
ABSENT: Bass
6. TIBURON BOULEVARD - TRESTLE GLEN INTERSECTION IMPROVEMENTS
(Consider CAL/TRANS plans and make recommendations)
Town Engineer Bala presented and explained Cal/TRANS' plans
for improvements to the intersection of Tiburon Boulevard and Trestle Glen.
He explained the problem is with corning off Trestle Glen to go to downtown
Tiburon. the Town has requested CAL/TRANS to up-grade this curvature.
The State will be working within its existing right-of-way. The plan
calls for two phases, the first consisting of installing traffic lights
at Tiburon Boulevard and Greenwood Beach Road, the second, installing
lights at a point midway between Trestle Glen and Stewart Drive. The
State will not pay for these traffic signals. The approval of the Southern
Pacific Master Plan was conditioned upon providing a solution to the
additional traffic. The Town would like to go ahead with phase I of
improvements. The plan calls for no left turn from Trestle Glen onto
Tiburon Boulevard. Motorists will turn right onto Tiburon Boulevard
and proceed to the Greenwdod Beach Road intersection and execute a
"U" turn, where phase I stop lights will be. The Fire Department
disapproves of this plan because it will aqA approximately one minute
to a call in downtown Tiburon .1:rOflh~~%i"So concerned if they are
allowed to make a left turn, what their liability would be in case of
an accident. Mr. Bala stated he is recommending that the Town Council
request CAL/TRANS to proceed with 4.gp_\~n and phase I. Vice Mayor Hanson
declared the public hearing open. ~~~obinson asked if a bicycle
path would be provided for bicyclists between Trestle Glen and Greenwood
Beach Road. Mr. Wayne Snow asked if a left hand turn from Jefferson
onto Tiburon Boulevard would be allowed, and if CAL/TRANS is considering
sound barriers to reduce traffic noise to surrounding homes. Mr.
Estudillo stated he was not in favor of the plan as proposed. He felt
both set of signals should be placed at once. Mr. Willis W~fterWagner
stated Tiburon Boulevard should merge before Reed Ranch Road going into
~own and merge after Reed Ranch Road going out of downtown.
Juperintendent of Public Works Bruriini stated his park maintenance trucks
need room to go behind the guardrail to get into the Belveron Mini Park.
Town Engineer Bala asked if there would be anough room to put a 6'
bicycle path from Trestle Glen to Greenwood Beach Road. Mr. Crockett
replied, yes. Councilman Rockey asked Mr. Crockett if CAL/TRANS could
stake their property to show where the sidewalk will be, shoulders,
and the end of their right-of-way. Mr. Crockett stated he would try
to have this done. Residents Louis Letterman and Mr. Kirchbaurn spoke
of their concerns at this intersection.
TOWN COUNC ILl,MINUTES # 5 3 7
AUGUS'T' 70 _ 1 q s:l(\
n 7\ ""C'1 mT.7A
Chief of Police Bailey stated he would like to make sure that the
stacking lanes for Jefferson and Greenwood Beach Road are separated.
Mr. Crockett stated CAJ./TRANS will place conduits at both locations
for stop lights. for discussion.
Vice Mayor Hanson called for a recess at 10:10 PM. Vice Mayor Hanson
reconvened the meeting at 10:20 PM.
7. MASTER PLAN (Gilmartin Drive, von der Werth, Ordinance, 2nd reading)
Director of Community Development Hanna explained Coucil approved
first reading approving a four unit subdivision at the last Council meeting.
At that meetin~ Council requested the Ordinance be rewritten to clarify
the mitigation measures. The applicant has asked that the Town expedite
the Precise and Tentative Map stages, and Staff is willing to do so.
Council asked on page two (2) of Exhibit "A" the last sentance of the first
paragraph be changed to read "Costs can be borne solely by the project
proponent or shared smong those who would benefit from such improvements
on a pro-rata basis"; on page four (4) of Exhibit IIAII the word generous
be eliminated; on page three (3) of the ordinance paragraph L be changed
to read "drainage, grading, soils and conditions listed on exhibit "A"
attached hereto, and traffic, should be to the approval of the Town Engineer";
Exhibit "A" page three (3) paragraph 6, the last sentance add: "Costs can
be borne solely by the project proponent or shared among those who would
benefit from such improvements on a pro-rata basis". Town Engineer
Bala stated subdividors of Gilmartin Drive were meeting Friday to 1:30 PM
~o discuss alignment. Al von der Werth, applicant, was concerned with
having to pay for improvements to Gilmartin Drive that will benefit other
projects. Council discussed the Tiburon Boulevard improvements, bus stop,
bus shelter and street lights. It was suggested that in the event von
der Werth is the only project to proceed on Gilmartin Drive, the stacking
lane, bus stop, street lights would not be required, if other projects
go forward, applicants would pay a pro-rata portion of these improvements.
Vice Mayor Hanson opened the Public hearing. Mr. Gigounas, counsel for the
applicant spoke on the Ordinance. VicelMayor Hanson closed the public hearing.
MOTION:
Moved:
Vote:
to approve second reading of Ordinance (No. 229 N.S.) as amended
Bergsund, Seconded by Rockey
AYES: Unanimous
ABSENT: Bass
Town Attorney Conn stated Town Engineer Bala should figure a pro-rata
share of the Gilmartin Drive improvements.
9. PRE-ZONING HIGHLANDS PROPERTY (Consider Planning Commissions' Recommendations
Director of Community Development Hanna stated the applicant has
=quested that the Town withdraw the pre-zoning of this property until
they able to submit more information. Vice Mayor Hanson opened the Public
Hearing. Margery Filchoy, representing the applicant, stated Innisfree
is moving as quickly as possible to compile thorough information. Vice
Mayor Hanson closed the public hearing.
MOTION:
Moved:
Vote:
that pre-zoning of the Highlands property be withdrawn
Rockey, Seconded by Bergsund
AYES: Unanimous
ABSENT: Bass
.12. MASTER PLAN (16 Main Street, Faire La Maine, Ordinance, 1st reading)
Director of Community Development Hanna explained this is a Master and
Precise Plan to expand the outside area to provide additional seating. The
restaurant presently does not provide parking, and this additional seating
would require 10 parking spaces. Councilman Edelstein asked that the applicant
secure parking spaces for the proposed expansion. Chief of Police Bailey
suggested that it be added that no entertainment or amplification could be
used. Vice 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: Bass
Vic::e Mayor Hanson read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON APPROVING THE MASTER PLAN FOR 16 MAIN STREET
TOWN COUNCIL MINUTES #537
AUGUST 20, 1980
PAGE THREE
MOTION:
Moved:
Vote:
to approve first reading as amended
Edelstein, Seconded by Bergsund
AYES: Unanimous
ABSENT: Bass
3. TRAFFIC SAFETY COMMITTEE REPORT (August 1980)
Councilman Rockey asked if it was possible to close a section of
Mercury Drive due to the site distance problem when entering onto Trestle
Glen. Chief of Police Bailey stated the Committee did discuss that
possibility, the Fire Department would not approve it.
MOTION:
Moved:
Vote:
to approve Traffic Safety Committee Report of August 1980
Rockey, Seconded by Bergsund
AYES: Unanimous
ABSENT: Bass
13. BUILDING PERMIT FEES (Adopt Revised Fee Schedule for Plumbing,
Mechanical I Electrical & Swimming Pool Permits, Resolution)
Councilman Edelstein stated the square footage fee is not used in
the Uniform pulurnbing Code, and suggested Tiburon write its resolution
in conformance with the Code. It was suggested that Councilman Edelstein
contact the Building Inspector and explain how the Council would like
the rate structure. This item was continued to the next regular Council
eeting.
14. 1979-80 ANNUAL AUDIT (Selection of New Independent Accountant)
Deputy Town Treasurer Nadritch explained he has solicited for new
independent accountants at the suggestion of the Citizens Finance Advisory
Co~mittee's recommendation of last year. Of the Accountants asked to
bid on the audit, only one has the time and could do the audit at the
Town's budget amount of $3,000. It is Staff's recommendation to hire
Delloite, Haskins and Sells to do the Town's 1979-80 annual audit.
MOTION:
Moved:
Vote:
to approve Staff's recommendation
Rockey, Seconded by Bergsund
AYES: Unanimous
ABSENT: Bass
IX. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS
Councilman Edelstein reported a house on Avenida Miraflores has
installed solar panels along the roadway and a cyclone fence. He
suggested Staff look into this matter. and related policies and ordinances.
Councilman Rockey reported the Tiburon School Conversion is 50% - 60%
complete and suggested the Council consider a name for the project.
Director of Community Development Hanna reported the Norman property
is due to expire and they have asked for an extension. Mr. Hanna
suggested that the Council support a time extension to file the Final Map.
Councilman Edelstein suggested the Open Space Committee look in to
property the Town may want to exchange with the Ward's.
X. ADJOURNMENT
Being no further business of the Town Council of the Town of Tiburon,
Vice Mayor Hanson adjourned the meeting at 12:16 AM, Thursday, August 21,
1980, to August 26, 1980, to consider the Southern Pacific Tentative Map.
~V
R.L. KLEINERT, Town Manager/Clerk
\(L bL
KIRK HANSON, VICE-MAYOR
Town of Tiburon
~Otm COUNCIL MINUTES #537
AUGUST 20, 1980
PAGE FOUR
CORRECI'ED
TOWN COUNCIL MINUTES
CALL TO ORDER
Mayor Bass called the adjourned meeting of the Town Council of the
Town of Tiburon to order at 8:20 PM, Tuesday, September 2, 1980, in
the Town Council Chambers, Reed School, Room 9, Tiburon, California.
I. ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Hanson, Bass
EX-OFFICIO:
Town Manager Kleinert
Director of Community Development Hanna
Deputy Town Attorney Ragghianti
Town Engineer Bala
Minute Clerk Stultz
ABSNET:
COUNCILMEMBER:
Rockey
II. PUBLIC HEARING
1. SOUTHERN PACIFIC TENTATIVE MAP (Resolution)
Mayor Bass explained the sole matter before the Town Council this evening
is the consideration of the Southern Pacific Tentative Map. The Planning
Commission has recommended approval subject to certain conditions. These
conditions come from the sub-committee, which were modified by the
Planning Commission. The Council has a number of responses to the
resolution, which will be addressed this evening. The Council will make
changes they feel are necessary, and pass the ordinance if they feel
appropriate.
Director of Community Development Hanna explained the proceedings from
the Master and Precise Plan stages. Approval of the Tentative Map would
set the location of buildings, location of the lagoon, etc. The Town
Council could not come back and delete or move buildings. The Tentative
Map provides for 156 residential units, whereas the Precise Plan called
for 160. The difference being the applicant's response to providing
8 2-bedroom Moderate Income/Elderly housing units. Parking from the
project at the Master Plan stage was set at 156 spaces above the amount
required by the zoning ordinance. The Precise Plan indicated 170
additional parking spaces. The Tentative Map indicates 186 additional
units. This increase is in the fee lot where the Planning Commission
recommended that more compact spaces be provided. The Marsh is to be
dedicated to the Town, tennis courts built and dedicated, and the parcel
above Sanitary District #5's plant to be dedicated to the Town. 20
units are to be set aside for moderate income/elderly units with
a maximum selling price proposed to be set by formula.
Councilman Edelstein asked Mr. Zelinsky, who was present in the audience,
if he would consider exchanging property with Southern Pacific for parcel
8B identified on their Tentative Map. Mr. Zelinsky stated he would like
to help further the project along. He stated he would need about a 20'
easement on that parcel so delivery trucks could deliver to the laundry.
and for parking. Councilman Edelstein stated he would not support the request for .
Planning Chairman Spratling explained how the sub-committee came up parklng.
with the amount of money SP would put in the traffic improvement fund
and a le~ter of credit. The amounts were derived from Stan Bala's letter
of April 25, 1980. SP would put $392,000 in the traffic fund and
$705,000 into a letter of credit if this resolution is passed.
Council questioned the amounts of money to be put up by SP noting
the money is in today's dollars, and the letter of credit is to last
for five years. Council suggested that an inflation factor be built in
to these amount. Mr. Tarrant, counsel for the applicant, stated
he does not feel SP should be obligated to take care of problems that
will result from full build-out, and does not feel this is a condition
of the Master and Precise Plan approval. He stated Mr. Bala was quite
generous in his estimates, and does not feel an inflation factor should
be applied. Mr. Tarrant stated condition 3(n)1 and 3(n)2 of Ordinance
No 219 N.S. stated the Railroad's obligation is only its pro-rata
share of these improvements. Council requested that Sections 3(n)1 and
3(n)2 be read outloud verbatum. Deputy Town Attorney Ragghianti
read the sections of Nordinance No. 219 N.S.
Councilman Edelstein suggested that 2(c) of the resolution be changed
to read "The letter of credit required hereunder may be drawn upon for
TOWN COUNCIL MINUTES #538
SEPTEMBER 2, 1980
PAGE ONE
such improvements contracted within a period of time not to exceed
5 years from the date of final certificate of occupancy on which date...1I
Mayor Bass suggested the deletion of paragraph 2 entirely and adding
a new sub-paragraph to paragraph 1, which would be l(e) stating
"In addition to the contributions set forth above, applicant shall
post an unconditional letter of credit in the amount of $705,000
for the purpose of satisfying its oblitions under section 2(7) of
Ordinance No. 219 N.S.. Town may immediately draw upon such letter of
credit to construct the balance of improvements described in the
Town Engineer's Traffic Plan set forth in his letter of April 25, 1980,
including the attachment (excluding the improvement to Tiburon Boulevard
between Juanita Lane and Beach Road) but including such other improvements
as in the judgement of the Town are necessary to alleviate traffic impacts
as may be caused by applicant's development. All non-refundable monies
collected pursuant to the above shall be credited against any obligation
applicant may have as the result of a subsequently adopted regulation
which requires developers to contribute to a traffic improvement fund."
Councilman Edelstein stated the letter of credit should be placed in
an interest bearing account. Councilman Hanson suggested the following
be incorporated into Mayor Bass's new paragraph, which would be l(e):
"In addition to the contributions set forth above, applicant shall post
a letter of credit in the amount of $705,000. The amount of $705,000
in the letter of credit is based on dollar figures in April 1980, and
shall be applicable for one year. Any drawing down of dollars from the
letter of credit after April 1, 1981, shall be calculated on an inflation
factor based on the engineering news record yearly inflation index
using April 1981 as the 100% base year. Each year thereafter the balance
under the letter of credit shall be re-calculated and adjusted to reflect
changes in the Engineering News Record's yearly inflation index using
April 1981 as the 100% base year." This would include the provision that
SP advance the Town $140,000 for improvements needed now, and all non-
refundable monies shall be credited against any obligation. Mr. Tarrant
asked if the applicant would be refunded any monies based on any funding
by other developers or governmental agencies. Councilman Edelstein
stated funds raised from outside sources, including governmental and
other developers, would be credited at the end of the five year period
on a net basis.
MOVED:
Vote:
that funds in the letter of credit be refunded on a net basis
at the end of the five year period and that these ~nds be
placed in an interest bearing account
Edelstein, Seconded by Bass
AYES: Edelstein, Bergsund, Hanson, Bass
ABSENT: Rockey
MOTION:
Mayor Bass called a recess at 10:40 PM and reconvened the meeting at 11:05.
PARAGRAPH 3
Councilman Rockey's comments were presented stating he does not feel there
would be a ceiling on the interest rate. Mr. Tarrant stated SP would like
to recover only the cost of building these units, not the value of land
or off site improvements. Councilman Rockey also suggested that the
building, mechanical, plumbing, etc. permits be waived for these units.
Councilman Edelstein stated a paragraph (e) should be placed after
(d) stating1\in recognition of the Moderate income/Elderly housing nature
of these units, the Town will start procedures to waive the building permits
and will support the applicant to secure reduced utility connection fees
for this portion of the projec~~
MOTION:
Moved:
Vote:
to approve Councilmen Edelstein's and Rockey's suggestions
Bergsund, Seconded by Hanson
AYES: Edelstein, Bergusnd, Hanson, Bass
ABSENT: Rockey
MARSH
Planning Chairman Spratling stated in the Master and Precise Plan the
applicant is required to do certain marsh restoration and preservation
activities. During the sub-committee meetings the idea arose of the
possibility of the Town taking over the restoration of the marsh
including purchasing the TPC property.
TOWN COUNCIL MINUTES #538
SEPTEMBER 2, 1980
PAGE TWO
Town Engineer Bala estimates the amount of the restoration to cost
$266,000, which includes $51,000 for ma,intenance of the marsh for
three years. None of this money would be refundable. Mr. Bala
stated this work should be done during the summer months. Most of
the spoils would be placed on the applicants property and leveled out.
Mayor Bass asked what the risk would be of the drainage system
not working and back washing more water than the marsh can hold.
Mr. Bala stated the marsh is designed to hold 6' of water, and SP
would build drainage strucutres which would retain flood waters above the
water table of the marsh. The summer water table now is 2~-3~'.
Drainage culverts connect directly to the marsh and water will never be
below the summer water table. Mayor Bass asked that the applicant draw
up an agreement stating the applicant will give the Town $266,000 to do
this work, to.be approve by Town Attorney.Mayor Bass also suggested that a provisio:
be put in the resolution stating the spoils will be either spread to
removed by the applicant.
MOTION:
Moved:
Vote:
to approve Mayor Bass' suggestions
Edelstein, Seconded by Bergsund
AYES: Edelstein, Bergsund, Hanson, Bass
ABSENT: Rockey
PARAGRAPH 5
Planning Chairman Spratling stated Town Engineer Bala was asked to give
an estimate of the landscaping and irrigation. His estimates were
$70,000 for landscaping and $50,000 for irrigation. Mayor Bass asked
if this includes grading. Mr. Tarrant stated SP will do the grading
and thereafter the Town will be responsible. Mr. Bala stated the
grading will mostly be done by spreading spoils from the marsh and then
the Town would spread about 6" of top soil. A contract is to be drawn
up similar to the Marsh contract and to be approved by the Town Attorney.
ADJOURNMENT
The adjourned meeting was continued to September 9, 1980, at
12:40 AM, Wednesday, September 3, 1980, by Mayor Bass.
.~~
ATTEST~J~ 17
R. L1EIN~ager/Clerk
TOWN COUNCIL MINUTES #538
SEPTEMBER 2, 1980
PAGE THREE
TOWN COUNCIL MINUTES
CORREX:TED
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, September 3, 1980, in the
Town Manager's Office, Tiburon Town Hall, Tiburon, California.
ROLL CALL
PRESENT:
COUNCILMEMBERS:
EX-OFFICIO:
COUNCILMEMBER:
Edelstein, Bergsund, Hanson, Bass
Town Manager Kleinert
Rockey
ABSENT:
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 Town Council for the regular business
session at 8:20 PM, in the Town Council Chambers, Reed School, Room
9, Tiburon, California.
PRESENT: EX-OFFICIO: Director of Community Development Hanna
Deputy Town Attorney Ragghianti
Chief of Police Bailey
Town Engineer Bala
Supt. of Public Works Brunini
Minute Clerk Stultz
II. APPROVAL OF MINUTES
#537 - August 20, 1980
Page 2, Item 6, Change Mrs. Robinson to Edenia Robinson
Correct Willis Waggoner to Willis Wagner
Line 17, add "...using equipment from Station #2."
Page 3, Item 6, last sentance add "...for discussion."
Item IX, add to last sentance "...and related policies and ordinances
MOTION: to approve minutes #537 as amended
Moved: Bergsund, Seconded by Hanson
Vote: AYES: Unanimous
ABSENT: Rockey
III. TOWN COUNCIL, COMMISSION, AND COMMITTEE ORAL REPORTS
There were none.
IV. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES
There were none.
V. PUBLIC QUESTIONS AND COMMENTS
There were none.
VI. CONSENT CALENDAR
Council requested that Items 9, 10, 11, and 12 be moved to the consent
calendar
MOTION: to approve the consent calendar consisting of :
1. CLAIM FOR PERSONAL INJURY (Recommend Denial)
2. AYALA DAY SPORTS CHALLENGE (Tiburon vs. City of Belvedere
Resolution #1103)
9. BUIDDING PERMIT FEES (Adopt revised fee schedule for
plumbing, Electrical, Mechanical, & swimming pool permits,
Resolution #1104)
10. MARIN COUNTY MAJOR CRIMES TASK FORCE (Amend J.P.A. to
include drug enforcement program, agreement, Resolution #1105)
11. 1980-81 OPEN SPACE BOND TAX RATE (Resolution #1106)
TOWN COillJCIL MINUTES #539
SEPTEMBER 3, 1980
PAGE ONE
12, SALARY ADJUSTMENT (Town Manager, Resolution #1107)
Moved: Hanson, Seconded by Bergsund
Vote: AYES: Unanimous
ABSENT: Rockey
VII. PUBLIC HEARINGS
3. MASTER PLAN (Gilmartin Drive, Chan & Tai, Ordinance, 1st reading)
Council askedytJaJlite to the applicants stating this application will
be denied without prejudice if continued again.
4. CERTIFY FINAL EIR - MASTER PLAN AND PRE-ZONING (La Cresta, Via
Los Altos)
Director of Community Development explained this item is before the
Council to consider the Final EIR and certify it if the Council feels
it is appropriate. The property is within the County but the applicant
has requested pre-zoning and Master Plan approval by the Town. The
applicant will be requesting annexation into Tiburon Town limits.
The Planning Commission recommends that Council certify the Final EIR.
They also felt the alternative access routes were addressed in the EIR.
Mayor Bass opened the Public Hearing. Mr. Bill Sehen~ representing
Mr. Jampolsky, submitted to the Council a letter stating Mr. Jampolsky
does not feel the EIR addressed the feasibility of using Sky Road to
the development, and that he feels Sky Road should not be used for access.
Mr.Sehenck asked that this letter be attached to the EIR.
MOTION: to certify the Final EIR with the attachment of Mr. Jarnpolsky's
letter.
Moved: Edelstein, Seconded by Hanson
Vote: AYES: Unanimous
ABSENT: Rockey
5. MASTER AND PRECISE PLAN (16 Main Street, Faire La Main, Ordinance
2nd reading, Resolution)
Director of Community Development Hanna stated Council held first
reading of the Ordinance approving the Master Plan with the condition
that the applicant retains 10 parking spaces for the proposed use,
and that there be no entertainment or noise outside the building.
Carlene Jackson, applicant, stated her intention was to close the
indoor eating area during the nice weather and only open the outdoor
area, and vice-versa. If the Ordinance is passed requiring she obtain
10 parkings spaces, chances are she would not be able to do the expansion.
MOTION: to approve second reading, deleting paragraph 5 and 6
of the ordinance providing that both interior and exterior
eating areas are not used simultaneously
Moved: Edelstein, seconded by Bergsund
Vote: AYES: Unanimous
ABSENT: Rockey
MOTION: to adopt resolution (#1108) approving the Precise Plan
amended as the ordinance
Moved: Hanson, seconded by Bergsund
Vote: AYES: Unanimous
ABSENT: Rockey
TOWN COUNCIL MINUTES #539
SEPTEMBER 3, 1980
PAGE TWO
VITI. BUSINESS
7. SPECIAL EVENTS/STREET CLOSING POLICY (Suggested Guidelines for
Downtown Main Street as submitted by the Chamber of Commerce)
Town Manager Kleinert reviewed the events that led to the May 21, 1980
motion by the Town Council not allowing downtown Main Street to be
close~ except for community sponsored events. During those meetings
the Chamber was asked to submit guidelines for closing Main
Street. Last week the guidelines were delivered to Town Hall and
are now before Council for consideration. The guidelines do not
specify a number of maximum participant~and do not address public
safety concerns (police & fire). President of the Chamber, Francis
Ingalls, explained the merchants desire to stimulate business during
the off season. He also explained on October 6, a group of approximately
2,000 participants will be corning to downtown. Mr. Bob Trieber,
St. Angelo's, explained they would like to be able to close Main Street
from 6:00 - 8:30 PM to allow the participants to get off the ferry
and walk around and shop, and the street is more inviting if there
is no traffic on it. Mr. Torn Belton, Biaggios, stated there have been
five street closings in the last 6 years, 3 Town celebrations and
2 tour groups. Town sponsored events cause the problems, due to
advertizemen~ a varied group comes to the event. Whereas the tour
groups and conventioneers are well behaved. Mike Compton, Hot Fudge
Factory, also stated the tour .groups are well behaved. Ron Nunn,
Corinthian Island, questions why the street has to be closed, that groups
would still corne to Tiburon without the street being closed. Chuck
Koehler, Corinthian Island, stated his concerns with the street closings.
Mr. Trieber stated the merchants are trying to mitigate the problems that
were associated with the past street closings. Mr. Ingall stated
October 6th might be the proof that the streets do not have to be closed
for large groups, maybe it will also prove they do need to be closed.
Council question why there had to be street music~ Mr.
Belton stated it is a greeting to the particpants. Mayor Bass suggested
this be referred to an advisory committee o.a: possibly 11 peopleJ
3 members represeting the business community and 8 representing
Tiburon residents. Council concurred. The members of this committee
are to be picked at large and come back to the Council with their
recommendations.
Mayor Bass called for a recess at 9:50 and reconvened the meeting at
10:05 PM.
8. STONE TOWER REPAIRS (Status report and autho:r::-ization to proceed
with Phase II repairs)
Town Manager Kleinert reported Stage I repairs and preservation has
been completed to the Heritage Commission's satisfaction. The Commission
would now like to proceed with Phase II which is repointing the stone
masonry. Phase I repairs depleted the Commissions donations and the
$4,000 the Council allocated in the 1980-81 budget. The Heritage Co~mission
is asking that the Council support its grant application to the Buck
Foundation, advance the Commission $400 for 150 posters of the Tower,
and to be allowed to proceed with Phase II repairs of approximately
2,700 to corne from the Town's Restricted Revenue Sharing Funds.
TOWN COUNCIL MINUTES #539
SEPTEMBER 3, 1980
P AGETHPEE
Council questioned the use of posters for fund raising. Commissioner
Charles Walters explained they want to put posters inside the Tower
explaining its history and replace the posters as needed. The cost
for 50 posters is $300 and the next 100 at 80~ a piece. The intent was
not to sell posters, but it would be more feasible to get 150 for $380 and
save 50 for the Tower. Councilman Hanson suggested they get another 100
on top of the 150 posters and notify past donors to the Tower of
their availability.
MOTION: to approve Staff's recommendations and raise the amount
of $400 for posters to $500
Moved: Bergsund, Seconded by Edelstein
Vote: AYES: Unanimous
ABSENT: Rockey
IX. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS
a. Future of Marin Conference (October 24 & 25, 1980)
Mayor Bass stated he will attend this conference at the College
Marin.
Police Chief Bailey thanked the Council for supporting the Marin
County Major Crimes Task Force Drug unit.
X. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bass adjourned the meeting to September 9, 1980
to consider the Southern Pacific Tentative Map, at 10:35 PM,
Wednesday, September 3, 1980.
7t!i1;-
PHIL BASS, MAYOR
Town of Tiburon
TOWN COUNCIL MINUTES #539
SEPTEMBER 3, 1980
PAGE FOUR
CORRECTED
TOWN COUNCIL MINUTES
CALL TO ORDER
Mayor Bass called the adjourned meeting of the Town Council of the
Town of Tiburon to order at 8:20 PM, Tuesday, September 9, 1980,
in the Town Council Chambers, Reed School, Room 9.
ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergsund (8:30), Hanson, Rockey
Mayor Bass
EX-OFFICIO:
Town Manager Kleinert
Director of Community Development Hanna
Deputy Town Attorney Ragghianti
Town Engineer Bala
Minute Clerk Stultz
PUBLIC HEARING
1. SOUTHERN PACIFIC TENTATIVE MAP (Resolution)
Mayor Bass stated this meeting is a continuance of the adjourned
Town Council meeting of September 2, 1980, on the Tentative Map
application of the Northwestern Pacific Railroad Company. Mayor
Bass opened the floor for Council comments on the proposed resolution.
Councilman Edelstein stated as a result of concerns of the Lands
and Development Committee study of the proposed formula for the
traffic improvement fund, today the Committee presented Southern
Pacific representatives with changes to the funds which would also
make the formula more understandable, direct and equitable. Council-
man Edelstein made the following revisions to his memorandum of
September 9, 1980.
Page 1, paragraph l(a) change $410,450 to $403,235
Page 2, paragraph l(b) change "to reflect Actual bids receivedll to
lito reflect actual costs incurred"
paragraph l(b) add to the second to last sentence: "date of
completion defined as completion of
80% of the building floor areall.
paragragh 2 change $956,980 to $948,995.
paragraph 2(a) add to the end of sentence "date of completion
defined as completion of 80% of the
building floor area"
paragraph 2 (b) add to first sentence "adjustment for inflation
credit for funds received will be credited
if they are received within 15 years
after the expiration of the Letter of Credit"
paragraph 2(b) change "to reflect actual bides receivedll to
"to reflect actual costs incurred"
Paragraph 2(b) change "the balance of the $120,000 shall be
credited" to lithe balance of the $120,000
shall be advanced from and credited..1I
Mayor Bass recommended that page 2, paragraph l(b), "as provided in
paragraph 2(b), be added to the second to last sentence.
Councilman Edelstein made the following changes to Exhibit "A" of his
September 9, 1980, memorandum.
Item 7, Downtown Tiburon Boulevard, change $389,800 to $296,800
TOTA: PRIORITIES I&II, change $541,700 to $541,200
~OTAL PRIORITIES I-III, change $860,000 to $889,300
_'OTAL PRIORITY III, change $318,300 to $348,100
3UBTOTAL ITEMS 1-11, Change $1,251,300 to $1,299,300
CONTINGENCY, change $125,130 to $122,300
TOTAL PRIORITIES I-IV, change $1,376,430 to $1,352,230
TOWN COUNCIL MINUTES #540
SEPTEMBER 9, 1980
PAGE ONE
PAGE TWO OF EXHIBIT "A"
~hange SP contribution to Traffic Fund from $410,450 to 403,235
Letter of Credit, Change Priorities I-IV from $1,376,430 to $1,352,230
Less Contribution to Traffic Fund, change from $410,450 to $403,235
Change Letter of Credit from $965,980 to $948,995
Councilman Edelstein asked "none of the funds described in paragraph
1 and 2 shall be applied to those street, walk and path improvements
within the applicants property, including Tiburon Boulevard,
Paradise Drive and Mar Westll be added to the resolution.
Council asked that at the end of 2(c) of Councilman Edelstein's
memorandum the following sentence be added, which would be 2(d)
"In addition, if and when needed, the Applicant shall advance up to
the sum, of $84,000 to be credited against its Letter of Credit
obligation, if and when the Town commences construction of improvements
whose cost exceeds $403,235. Mayor Bass suggested that in paragraph
Itb), at the end of the second to last sentence the following be
added "as provided in paragraph 2 (b)".
MOTION:
Moved:
Vote:
to delete paragraphs 1 and 2, namely those paragraphs that
deal with the Letter of Credit and cash lump sum payment
as it appears and submit in lieu, Councilman Edelstein's
recommendations of September 9, 1980, as amended
Edelstein, seconded by Hanson
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: None
ABSENT: None
PARAGRAPH 3 (Moderate Income/Elderly Housing)
Councilman Rockey asked if at last week's meeting an additional
paragraph was added covering that fact that the Town has agreed to
waive the building, mechanical, electrical, etc. permits for this
portion of the project. He also stated the price formula is fine
but he ~1~if~~ to the ceiling of interest rates.
opposes
PARAGRAPHS 4 and 5 (Marsh and Plood Plain area)
Mayor Bass stated he understood from the last meeting that the
Council agreed to enter into a contract with the applicant, whereby
the Town would do the restoration and the applicant. would pay~the
'own the sum of $266,000 to do the restoration. The contract would
e an exhibit of this resolution. Council asked that the following
sentence be added to paragraph 4 "Town accepts applicant's proposal
and shall fulfill applicant's obligation of the Master Plan and
a written contract shall be entered between the Town and Applicant in
a form to hereafter be agreed upon before recordation of the final
map or issuance of buildng permit, which ever occurs first.1I
MOTION:
Moved:
Vote:
to approve paragraph four as amended
Edelstein, seconded by Rockey
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: None
ABSENT: None
It was noted paragraph five (5) should be amended as paragraph four
(4) above. Mayor Bass stated he recalls from the previous meeting
that the Town would not have to do the finishing grading. The Town
would have to spread the top soil. Dick Tarrant stated the railroad
would grade the area to the contour of the flood grade plain. Deputy
Town Attorney Ragghianti stated that paragraph 5 is to be amended as
oaragraph 4, with the addition that the applicant would do the
~nishing grading and pay for hook up fees and irrigation.
PARAGRAPH 6 - Parking
Councilman Edelstein presented a parking layout for the fee lot,
using a 1:1 ratio of compact spaces to full size spaces, thereby
increasing the number of spaces by 72. It was suggested that the
following be added to the resolution: lithe ratio of compact space
to full size spaces, as defined by the Town Parking Ordinance, maybe
TOWN COUNCIL MINUTES #540
SEPTEMBER 9, 1980
PAGE TWO
The first footnote applies to the minimum total parking spaces provided.
The second footnote shall read ~ adjustment of 3 spaces is allowed so as
to provide bicycle and motorcycle racks and spaces. A ratio of compact
spaces i~ included in the fee lot. spaces. .
further lncreased to 1:1 throughout the proJect."
'10TION:
Moved:
to approve paragraph 6
Hanson, seconded by Rockey
Mr. Tarrant stated one concern of the applicant is the modification
of parking plan presented by Councilman Edelstein. It does not show
any area for motorcycle or bicycle parking, and the applicant would
like a provision of ~5 spaces to satisfy the motorcycle and bicycle
parking. Counsil agreed that +3 spaces be allowed in the fee lot
to saysify this parking. Mayor Bass questioned how the parking would
be administered by the Donahue Building. Mr. Finsterbush suggested
the Town barracade the parking and use fr only for special events.
Councilman Edelstein stated BCDC is anxious to provide parking close
to shorelines and suggested this parking be left open.
MOTION:
Moved:
Vote:
to approve paragraph 6 as amended
Bergsund, Seconded by Rockey
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: None
ABSENT: None
ADDITIONAL PARAGRAPHS
~ouncil asked that paragraph 8 be incorporated into paragraph 5
of the Flood Plain area.
Council asked that in paragraph 9 that the 9 foot easement be changed
to 12'.
Councilman Rockey asked to change paragraph 13 to read "Pedestrian
paths connecting the development with Mar West shall be located at
Los Lomas Lane, approximately behind unit #27; the existing path
next to the present Callister Office Building which is in front of
1897 Mar West. Change the existing path near 1833 Mar West
on sheet 6 and retain the existing path at Esperanza as shown.
Paragraph 15(c) change to read "Note 28, Lagoon drainage and
circulation features shall be constructed by the applicant,
maintained by the applicant for two years from the date of notice
of completion by the Town Engineer, and then by the Owners' Association.
Mayor Bass asked that the following be added to note #22, "Parcels
3,7, and 9 will be developed as condominiums. Mayor Bass also asked
that a new note be added, #41 stating liAs used herein, the word
subdividor, is intended to refer to Northwestern Pacific Railroad
Company, Southern Pacific Development Company, or any parent,
,ubsidiary, or affiliate corporation. Council concurred. Mr.
farrant asked that Note 41 be changed to read liAs used herein
the word subdividor refers to Northwestern Pacific Railroad Company,
Southern Pacific Development Company, or any parent, subsidiary,
or affiliate corporation, or joint venture in which Southern Pacific
has a controlling managerial interest, any any such other transferee
as shall be acceptable to Town"
MOTION:
Moved:
Vote:
to approve Note 41 as proposed and amended
Bergsund, Seconded by Hanson
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: None
ABSENT: None
Councilman Bergsund stated advertizing of units for the handicapped
is to be decided at the Tentative Map Stage. Martha McCart stated
they are doing direct mailings to organizations for handicapped
persons to see what the response would be to these units.
Councilman Edelstein read the list of maps considered to be the
final Tentative Maps
Sheet 1, dated 8/15/80, revision 5
Sheet 2, dated 8/26/80, revision 6
Sheet 3, dated 6/4/80, revision 2
Sheet 4, dated 7/31/80, revision 3
Sheet 5, dated 8/15/80, revision 3
Sheet 6, dated 8/15/80, revision 4
Sheet 7 , dated 8/15/80, revision 5
TOWN COUNCIL MINUTES #540
SEPTEMBER 9, 1980
PAGE THREE
Town Manager Kleinert asked the applicant if they plan to pursue the
repair of the rip-rap along the shoreline before the rainy season.
'len Caulkins stated possibly, but that this could not be a condition
Jf the Tentative Map approval. Councilman Edelstein asked that the
Town Engineer give a report on this shoreline area.
Moved:
Vote:
that Council accept this resolution as amended .subject
to review of the final wording which will be submitted by
the Town Attorney at the next regular Town Council meeting
Edelstein, seconded by Hanson
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: None
ABSENT: None
MOTION:
ADJOURNMENT
Being no further business of the Town Council of the Town of Tiburon,
Mayor Bass adjourned the meeting at 11:55 PM, Tuesday, September 9,
1980, sine die.
ATTEST:
R. L~~/Clerk
TOWN COUNCIL MINUTES #540
SEPTEMBER 9, 1980
PAGE FOUR
CORRECTED
TOWN COUNCIL MINUTES
I. CALL TO ORDER
Vice Mayor Hanson called the regular meeting of the Town Council
of the Town of Tiburon to order at 7:30 PM, Wednesday, September 17,
1980, in the Town Manager's Office, Town Hall, Tiburon, CA.
ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Hanson
EX-OFFICIO:
Town Manager Kleinert
Town Attorney Conn
ABSENT:
COUNCILMEMBERS: Rockey, Bass
EXECUTIVE SESSION
Vice Mayor Hanson adjourned the meeting to Executive Session at 7:35 PM
for the purpose of discussing current and pending litigation.
REGULAR MEETING
Vice Mayor Hanson reconvened the meeting for the regular business
session of the Town Council at 8:20 PM, in the Town Council Chambers,
Reed School, Room 9, Tiburon, CA.
PRESENT: EX-OFFICIO: Director of Community Development Hanna
Chief of Police Bailey
Town Engineer Bala
Supt. of Public Works Brunini
Minute Clerk Stultz
II. APPROVAL OF MINUTES
#538, September 2, 1980
Page 1, paragraph 3, add to the end of the sentence: lIand for parking.
Councilman Edelstein stated he would not support the request for parking.
Page 2, change "Any drawing done of dollars"to "any drawing down of dollars."
MOTION:
Moved:
Vote:
to approve minutes #538 as amended
Bergsund, Seconded by Edelstein
AYES: Edelstein, Bergsund, Hanson
ABSENT: Rockey, Bass
#539, September 3, 1980
MOTION:
Moved:
Vote:
approve minutes #539 as written
Bergsund, Seconded by Edelstein
AYES: Edelstein, Bergsund, Hanson
ABSENT: Rockey, Bass
III. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS
There were none.
IV. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES
There were none.
V. PUBLIC QUESTIONS AND COMMENTS
There were none.
VI. CONSENT CALENDAR
Council requested that Items 11, 12, 13, 17 and 18 be moved to the
Consent Calendar.
MOTION: to approve the Consent Calendar consisting of:
1. POLICE REPORT (August 1980)
2. TRAFFIC SAFETY COMMITTEE REPORT (September 1980)
3. FINANCE REPORT (August 1980)
TOWN COUNCIL MINUTES #541
SEPTEMBER 17, 1980
PAGE ONE
Moved:
Vote:
4.
5.
6.
7.
ENCROACHMENT PERMIT (1855 Mar West)
NO PARKING ON JUANITA LANE NORTHSIDE (Resolution #1110)
PERIPHERAL CANAL (Town's Opposition, Resolution #1111)
RECOGNITION OF COMMUNITY SERVICE (Phyllis & George Ellman,
Resolution #1112)
SPECIAL EVENT APPLICATION (Triathlon, 10/15/80)
MASTER PLAN & PRE-ZONING (La Cresta, Via Los Altos, Ordinances,
1st readings, recommend continuance to 10/1/80)
TRAFFIC FUNDS FOR TIUBRON BOULEVARD IMPROVEMENTS (Ordinance,
1st reading, recommend continuance to 10/1/80)
PRECISE PLAN (Gilmartin Drive, von der Werth, Resolution,
recommend continuance to 10/1/80)
POLICY STATEMENT (Sharing of Services, Mill Valley & Tiburon)
EMPLOYEE SALARY ADJUSTMENT (Police Dispathers & Cadets)
8.
11.
12.
13.
17.
18.
Bergsund, Seconded by Edelstein
AYES: Edelstein, Bergsund, Hanson
ABSENT: Rockey, Bass
VII. PUBLIC HEARINGS
9. SOUTHERN PACIFIC TENTAIVE MAP (Resolution)
Director of Community Development Hanna explained the
matter before the Council is the Tentative Map and the resolution to
approve the Tentative Map. Should the Council approve the Tentative
Map, the applicant's next step would be to go before the Board of
Adjustments and Review. Council stated there are a couple of corrections
to the revised resolution and decided to make the changes page by page.
Page 1,
Page 2,
Page 3,
Page 4,
Page 5,
Page 6,
Page 7,
Page 8,
Page 9,
Exhibit
Page 1,
Page 2,
Page 3,
there were no corrections.
paragraph l(a) Change $403.235 to $403,235.
paragraph 2, delete Section 2(6)
paragraph 2(c) add to second to last sentence "Said sum to
be credited against the $403,235 contribution provided for
in paragraph l(a)
paragraph 2(d), move the paragraph to 3(d) and the existing
3(d) will become 3(e).
paragraph 4, change second to last sentence to read "all
excavation, as needed, for flood control purposes shall
be performed and paid for by the applicant, and approved by
Town Engineer and shall include applicant's responsibility
for all pipes,...."
paragraph 4, change last sentence to read "In addition, Applicant
sha+l bear the cost of removing all spoils taken from the
marshland...."
paragraph 5, delete the fifth sentence and insert "Excavation
of then flood retention pond, under the supervision of the
Town Engineer, shall be the obligation of the applicant.1I
paragraph 4, change written into to "entered intoll
paragraph 4, change counsel to Council
paragraph 6, delete (as amended).
change Total Parking Provided* to Minimum Total Parking proviaed*
Under foot note ** add "and based on the ratio of compact spaces
to full size of 1:1.
there were no corrections.
there were no corrections.
1st paragraph change "certification of the Lagoon improvements
to "notice of completion of the Lagoon improvements"
paragraph (e) the applicant asked the following be added
to the beginning of the sentence "Subject to BCDC approval,
if required, the waterfront..."
there were no corrections.
"A"
change TOTAL PRIORITIES L-II to I-II
after TOTAL PRIRORITY IV add (Items 9, 10, 11 and 12)
IV. A. change equation to read 29.82% X $1,352,230 - $403,235
delete the paragraph under this equation.
B. Change "less contribution to Traffic Fund to $403,235"
there were no correction.
Dick Tarrant, Counsel for the Applicant, submitted a letter to the
Town Council expressing the applicant's opposition over the addition
of Note 41 to the Tentaive Map by the Town Council.
TOWN COUNCIL MINUTES #541
SEPTEMBER 17, 1980
PAGE TWO
Moved:
Vote:
to adopt resolution (#1113) approving the Southern Pacific
Tentative Map.
Bergsund, Seconded by Edelstein
AYES: Edelstein, Bergsund, Hanson
ABSENT: Rockey, Bass
MOTION:
14. APPEAL OF B.A.R. DECISION (Fence, 171 Avenida Miraflores)
Director of Community Development Hanna explained this item
is an appeal of a B.A.R. decision, whereby the applicant had proceeded
to construct a fence around the boundaries of his property without
approval. After the fence had been constructed the matter carne to
the attention of the B.A.R. The Board of Adjustments and Review,
after the fact, requested the applicant to paint the fence black or
green and plant shrubs around it. Vice Mayor Hanson opened the Public
Hearing. Mr. Ralph Haywood, applicant, appoligized for his mistake
stating he was not aware the a fence needed Town approval. He stated
the fence was constructed to protect his pool and sport court from
hikers using the open space abutting his property. Mr. Davore~
member of the B.A.R. stated this fence is precedence setting, and how
obtrusive it is to property owners on the hill above the property.
Mr. Roger Levy, B.A.R commissioner, stated the Board tried to minimize
the impacts of the fence, without causing the applicant the hardship of
having to take down the fence and start over. Councilman Hanson suggested
the applicant move the fence down the hill so it is not visible to
the homes above. Councilman Edelstein suggested the applicant remove
the fence and place a transparent fence instead. Mr. Hayward stated
Councilman Edelstein's suggestion does not give the landowner much
protection.
MOTION: uphold the appeal and recommend that the fence that replaces
the existing fence be more natural in keeping with the open
space and that the new fence be as transparent as possible,
not brite metallic and the new fence be resubmitted to the
Board of Adjustments and Review, and that the new fence be
pulled down from the ridge line as much as possible.
Moved: Edelstein, Seconded by Bergsund
Mr. Hayward again stated what the Council is proposing does not give
his property much protection. That people walk quite often through
his property to get to the open space. Vice Mayor Hanson suggested
a committee be formed to work with the applicant and still use the
~asic fence moving it down the hill and use the five-gallon plantings.
Councilman Edelstein withdrew his motion, Councilman Bergsund concurred,
and place the following motion:
Moved:
Vote:
the appeal be upheld and that as a mitigation measure either
one of two approaches be us.ed: 1) that the fence be
replaced with a more natural fence, moved further away from
the open space, or 2) the fence be so relocated that it be
essentially invisible from the view up above, and be
mitigated further be landscaping with large size plantings
that will quickly cover the fence.
Edelstein, Seconded by Bergsund
AYES: Edelstein, Bergsund, Hanson
ABSENT: Rockey, Bass
MOTION:
Vice Mayor Hanson called for a recess at 9:50 and reconvened the
meeting at 10:05 PM.
Council moved to item 16, as CAL/TRANS representatives were waiting
in the audience.
16. TIBURON BOULEVARD IMPROVEMENTS (Discussion of Acqusition of
the Boulevard & proposed improvements to Rock Hill Road intersection)
Sayre
Mr. Russ ~, CAL/TRANS, explained as far as the Town acquiring
Tiburon Boulevard,CAL/TRANS would support deletion of State Highway
131 from their highway system. The Town would not receive any
aurther revenues for taking over Tiburon Blvd. Annual maintenance
costs run around $50,OOO/year. It was decided that that discussion
of the Town taking over Tiburon Boulevard would not be feasible at
this time. Town Manager Kleinert at July's Council meeting it was
asked that Staff look into the improvement of Tiburon Boulevard
intersection. CAL/TRANS did a survey of the Rock Hill Road intersection
and carne up with the figure of $200,000 to improve the line of site
at this intersection. Jocelyn McDonnell reminded CAL/TRANS representatives
TOWN COUNCIL MINUTES #541
SEPTEMBER 17. 1980
PAGE THREE
*Towrr Engineer Bala was asked to discuss with Mr. Crockett of CAL/TRANS
@o~~o~~s~f~W~fio~~B~,aBu.ROck Hill intersection that might cost
That this intersection is used by school children and that it services a. church
and private school as well as residents. Mr. Crockett stated their funds are
corrrnitted for the next two years. ~~M')3;l;k9~;ttE1f:Y~/tz1;ti,S/ *
Mt~iqfy' ,6;zl'\4<V~ /~t95"%iV tcJV' AAS:t M1B.rl/r4<>jUP'W #/1JfW 'trNrf Af,f# 1#4f/r
/ / /3U:dcW:U MM/~~~ Mi iWP;zf$'E;iV- tv;J1# /Q{:>i:,1-~rt:Y #/~~i /1z!#/t1/Etr(
//~tf-V~/~/~~XY~/~~lj/ Town Engineer Bala pointed out that the
$50,000 per year annyal maintenance cost does not inlcude overlayment.
15. APPEAL OF B.A.R. DEX:ISION (3 Lot Minor Subdivision - 40 Del Mar Drive)
Director of Camnmi ty Developrent Hanna_explained this rratter is an appeal
of a B.A.R. decision approving a 3 lot minor subdivision and lot line adjust:rrent
at the end of Del Mar Drive. '!he application would slightly rrodify the
existing lot line between an existing single family dwelling and the vacant
property and will establish three new parcels up:m which single family
dwellings could be constructed. '!he property is zoned R-l which requires a
10,000 sq. ft. rni.ni.nn.1rn lot size. Properties having an average slope of
20% or greater: must be~mi.nirrn.Im of 15,000 sq.ft. '!he zoning ordinance does
not have a definition of hav to arrive at the average natural slope of property.
'!he B.A.R. decided that average slope should be determined by drawing a line
davn the center of the building envelope and at the top of the bank, the line
should cut a 90 decree angle through tiE contours. Using that fornrula no
parcel in this proposed subdivision exceeds 20% slope. The surrounding
neighbors are concerned over drainage in the area. The Tavn Engineer
feels that the subdivision on this property will not have a detr.i.nEntal
impact as a result of the drainage. A condition of the B.A.R. approval was
that the dwellings shall not exceed 2,500 sq. ft. including garages. Staff
had suggested another metlxxl of detennining slope which results in two of the
lots exceeding 20% and therefore requiring 15,000 sq.ft. rather than 10,000 sq.ft.
lots.
Vice Mayor Hanson opened the public hearing. Mr. Ed McDonnell stated his
concerns over drainage in the area and sited several instances where there
was flood damage to surrounding homes. Councilman Edelstein stated this
flooding occured before the Rock Hill stonn drainage was installed. Mr. McDonnell
also stated his concerns over density, believing three lots to be too much. Mr.
OSW'Old, counsel for applicant, questioned. the section of the staff report
relating to adoption of a negative declaration of environmental impact,
stating this must be done within 105 days from the date the application is
deerred complete. He also stated in reference to the State Resources Agency
Code 15115, this subdivision is categorically exempt. Mr. Allan Stineau,
architect for applicant, displayed a rrap showing the building envelopes
and stated the applicant is only asking for 21% lot coverage and the R-l
zone allows up to 30% coverage. Mr. Larry Haynond stated the buildings on
lot two and three would block his view of the Golden Gate Bridge. Mr. Sherman
Baker stated his concerns over the density of the project. Jocelyn McDonnell
displayed photos of the lots fran her property, stating she would have a view
of thellunderpinnings of the buildings. Mr. Charuhas, 695 Hilary Drive,
addressed his concerns of underground springs that are active during the winter.
Town Engineer Bala stated water from the Figari develo:pnent flows in aother
direction and should not affect Mr. Charuhau' s property. Vickie Winblad
expressed here concern over the size of the proposed hares. Roger Levy,
B.A. R. Cornnissioner, explained the findings of the Board of Adjust:rrents. Mr .
Maskell stated his concerns over noise and density. Mr. Wes Burke stated he
has no problems with the develo:pnent. Vice Mayor Hanson closed the public
hearing.
Town Attomey Conn stated if the Council finds the slope greater than 20%
then the project would be subject to CEX;JA guidelines. Councilrran Bergsund
stated the Council should accept the rrethod which the B.A.R. used for deterrning
the slope of this property. Councilman Edelstein expressed his concern over
the proposed layout of the parcels noting it was a IXXJr utilization of the
land based on the topography. It was noted that the density seared excessive
along Del Mar and the Council was concerned with view obstructions. COl.ID.cilman
Edelstein suggested an al ternati ve layout but believed even it would be to
dense. Councilman Hanson noted that while the lot size was over 10,000 sq.ft.
the level building area averaged only 6,000 sq.ft. After further discussion
the Council detennined that a density of three lots as approved by the
B.A.R. was too great.
MJTION: to approve two horrEs on two lots with no limitation on
square footage of the horrEs other than that allowed by the
zoning ordinance
MJved: Edelstein, Seconded by Bergsnnd
Vote: AYES: Edelstein, Bergsund, Hanson
ABSENT: Rockey, Bass
'lrnN COUNCIL M1NUl'ES #541
SEPTEMBER 17, 1980
PAGE FOUR
10. MASTER PIAN (Gilmartin Drive, Chan & Tai, Ordinance 1st reading)
MJTION: continue this i tErn until the next meeting to have the full Council
Moved: Edelstein, Seconded by Bergusnd
Vote: AYES: Edelstein, Bergsund, Hanson
ABSENT: Rockey, Bass
IX. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS
a. League of California Cities Annual Conference (Tiburon voting delegate)
Town Manager Kleinert stated he has spoken with Councilman Rockey
and he is interested in being the Tiburon voting delegate. Council
directed Staff to notify the LCC of Councilman Rockey's appointment.
b. Tiburon School Conversion (progress report)
Town Manger Kleinert reported the contractor would like to know
what Council would like done to the area adjacent to the parking lot.
The Contractor's obligation is only final grading and clean up of
this area. Councilman Rockey has suggested a half-court basketball
court. Any further development would be done at an extra cost to
the Town. Coucnil directed Staff to have the Housing Authority
investigate estimates for this work.
C. Report of pending Building Projects (Status Report)
Director of Community Development Hanna stated he had prepared a
chart, which is before the Council, for purposes of clarifying where
pending projects stand in relation to the one year time limitation.
D. and E. Letters from United Way, and El Marinero Chapter
Town Manager Kleinert reported he has written to each of these
organizations stating it is Town policy to only adopt proclamations
and resolutions relating to special Tiburon policies or activities.
Town Manager Kleinert reported that Parks and Recreation Commission
is requesting that the RBLP precise plan be redone to show their
revisions to this plan. This would cost approximately $1,000.
Council decided not to allow the redrawing of the Precise Plan,
that the Town follow the time schedule for the Precise Plan
reivew by the various commissions and boards. It was suggested to
use tracing overlays of the revisions.
X. ADJOURNMENT
Being no further business of the Town Council of the Town of Tiburon
Vice Mayor Hanson adjourned the meeting at 12:52 AM, Thursday,
September 18, 1980, sine die.
f:4 .tL-
KIRK HANSON, VICE MAYOR
Town of Tiburon
R.L~~lerk
TOWN COUNCIL MINUTES #541
SEPTEMBER 17, 1980
PAGE FIVE
CORRECI'ED
TOWN COUNCIL MINUTES
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, October 1, 1980, in
the Town Manager's Office, Town Hall, Tiburon, California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Rockey, Bass
EX-OFFICIO:
Town Manager Kleinert
Town Attorney Conn
ABSENT:
COUNCILMEMBERS: Bergsund, Hanson
EXECUTIVE SESSION
Mayor Bass adjourned the meeting to Executive Session at 7:35 for
the purpose of discussing current and pending litigation.
REGULAR MEETING
Mayor Bass reconvened the regular business meeting of the Town Council
of the Town of Tiburon at 8:20 PM, in the Town Council Chambers,
Reed School, Room 9, Tiburon, California.
PRESENT: EX-OFFICIO: Director of Community Development Hanna
Town Engineer Bala
Chief of Police Bailey
Supt. of Public Works Brunini
Minute Clerk Stultz
ABSENT: COUNCILMEMBERS: Hanson, Bergsund
II. APPROVAL OF MINUTES
#540 - September 9, 1980
Page 2, paragraph 6, add to last sentence "the first footnote
applies to the minimum total parking spaces
provided"
Page 3, 1st paragraph, add "the second footnote shall read +
adjustment of 3 spaces is allowed so as to
provide bicycle and motorcycle racks and
spaces. A ratio of compact spaces to full
size spaces is included in the fee lot spaces.
Page 2, paragraph 3, change objects to opposes
MOTION:
Moved:
Vote:
to approve minutes #540 as amended
Edelstein, Seconded by Rockey
AYES: Edelstein, Rockey, Bass
ABSENT: Bergsund, Hanson
#541 - September 17, 1980
Minutes #541 were continued so a quorum could be present for approval.
III. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS
There were none
IV. APPOINTEMENTS TO COMMISSIONS, BOARDS AND COMMITTEES
Mayor Bass recommended the nominations of Gerri Kahn and Maxine
Cook to the Heritage Commission.
Moved:
Vote:
to appoint Gerri Kahn and Maxine Cook to the Heritage
Commission
Rockey, Seconded by Edelstein
AYES: Edelstein, Rockey, Bass
ABSENT :' Bergsund, Hanson
MOTION:
TOWN COUNCIL MINUTES #542
OCTOBER 1, 1980
PAGE ONE
Mayor Bass announced the Council is in the process of putting together
the advisory committee for the Downtown Main Street closing issue. He
stated the committee will also be concerned with the Town controll of
Ordinances regarding the type of activities that Main Street merchants
are carrying on in the downtown area.
V. PUBLIC QUESTIONS AND COMMENTS
There were none.
VI. PUBLIC HEARINGS
1. MASTER & PRECISE PLAN (Owlswood Road, Littman, Ordinance 1st
reading)
Director of Community Development Hanna explained this is a
Master and Precise Plan to subdivide 7.8 acres into four parcels. The
land is zoned RPD-2 which allows a density range of 1.1 to 2.5 units
per gross acres. In 1976 the applicant received approval for an
adjacent parcel. At that time the applicant was required to show
this parcel in the Master Plan because of contiguous ownership~ Three *showing
of the proposed units would receive access from Owlswood Road and the 5 parcels
large 5 acre parcel would have access from Rolling Hills Road. The of which
Planning Commission was concerned about the buildin~rPites ~d possible 4 are
view blockage. The Planning Commission considered;anIit~rnate off CWl~
location for parcel "e". They recommended moving parcel "c" building Rd.
enve lope souther ly and cIY.$1I }:Ifj11/:lJ.lYf/.tM /f/.1.JIrIirj#:MIri/ ## MM/JIiJtNf /rI~tmY
//Mii/it4/rldieJJ:lrit.t/lrlriiil:l/rlit1:kNiL/ The applicant 1J/~/iJfMlti.NI an easement has
along the property line to gain access to the Eavey open space. This dedicated
easement was established and recorded in 1978. The building floor
areas are: Parcel "B", 4,332 plus 500 sq.ft. for garage; Parcel "D",
3,775sq.ft. plus 528 sq.ft. for garage; and the revised footage for
parcel "c" has not been submitted, which would be determined at the
Design Review stage. Jeremy Littman, applicant, stated the Planning
Commission revised parcel "e" building envelope and limited the total
square footage to 3,600 sq.ft. including garage. Mr. Littman stated
parcel liB" and "D" will built and sold and he has no immediate plans
for parcel "A". Councilman Edelstein asked what the footprints are
for these parcels. Mr. Littman stated 4,500 sq.ft~ for "C", 3,600 sq.ft~
and 4,200 for "DII. Mr. Littman stated parcel "A" will remian 255,000
sq. ft. and cannot be further subdivided. The applicant wants to
keep the wooded area in its natural state and has placed the building
envlelope above the trees. Mayor Bass opened the public hearing.
Mr. Davoren, Planning Commissioner, explained an alternative pedestrian
route which he felt is more appropriate. Mr. Littman stated Mr.
Davoren's alternate route is steeper than the recorded easement.
He stated the recorded easement will have to be improved with steps
in the steep areas. Mr. Larry Smith, resident, stated his concerns
over view obstruction from his home below. Mrs. Thea also stated
her concerns over view obstruction to her home below and her concern
of the close proximity of the proposed building to her swimming pool.
Town Engineer Bala stated parcel "C" should have 20' between the path
of traffic and the garage door. Council discussed a left hand turn
lane from Tiburon Boulevard to Owlswood Road. Mr. Bala stated the
State will not agree to left hand turn lanes for a private driveway,
such as Owlswood Road. Councilman Rockey stated he had visited the
site and viewed the proposed building locations from Mrs. Thea's home,
stating the house on parcel "C" would be quite offensive to her view
and privacy. Councilman Rockey suggested moving parcel "C" onto
parcel "A" somewhere around the 150 - 160 degree contour line.
Mr. Hill, architect, stated Councilman Rockey's suggestion would make
grading access almost impossible due to terrain.
Moved:
Vote:
pass first reading of the Ordinance approving the Littman
Master Plan and that prior to the next meeting the applicant
submit an~~dpt~~/~~/showing how the relationship
with the Thea residen~e, and possibly the Smith residence
can be mitigated, that the areas shown on the submittal
drawings not exceed the floor area, that the heights not
be exceeded accept with specific direct approval of the B.A.R.
and that the trail path be verified, and that the trail
as located be graded and cleared
Edelstein, Seconded by Bass
AYES: Edelstein, Bass
NOES: Rockey
ABSENT: Bergsund, Hanson
MOTION:
sketch
TOWN COUNCIL MINUTES #542
OCTOBER 1, 1980
PAGE TWO
Mayor B~ss called for a recess at 10:15 PM and reconvened the meeting
at 10:35 PM.
4. PRECISE PLAN (4545 Paradise Drive, Pellegrinelli, Resolution)
Director of Community Development Hanna explained this is a Precise
Plan to divide a 10 acre parcel into five lots and an open space
area. During the Master Plan hearings the Planning Commission had
required the applicant to dedicate a triangular piece of property at
the southwest corner of the parcel to provide a trail connecting the
Mateo Drive open space with Ring Mountain. The applicant opposed to
this dedication and the Council deleted the condition from the Master
Plan Ordinance. The Planning Commission is again recommending to include
this condition in the Precise Plan. The applicant's site plan indicates
a 20' wide zig-zag pedestrian easement across the open space as requested
by the Planning Commission and Town Council. A portion of the roadway
to the property encroaches onto the adjacent neighbor's property and the
proposed widening will encroach further. The adjacent neighbor will
agree to the widening of the street if the street remains private.
Mayor Bass opened the public hearing. Mr. Davoren, Planning Commissioner,
explained why the Commission felt the easement should be provided in the
corner of the applicant's property, stating there was once a natural
path when the property was not fenced. Mr. Pellegrinelli stated this
path would be next to his children's play area and BB-Q area and that
motorcyclists now drive at that corner of his porperty. Councilman
Rockey asked that paragraph 5 of the resolution be amended to read
a private roadway and that paragraph 10 regarding the pedestrian easement
accross the corner of his property be deleted and reviewed at the time
of the Tentative Map. Councilman Edesltein asked the following addition
to the resolution "The floor area of the proposed residences shall not
exceed that shown on the plan".
Moved:
Vote:
to adopt the resolution approving the Pellegrinelli Precise
Plan as amended
Edelstein, Seconded by Rockey
AYES: Edelstein, Rockey, Bass
ABSENT: Bergsund, Hanson
MOTION:
6. MASTER PLAN (Gilmartin Drive, Chan & Tai, Ordinance, 1st reading)
Director of Community Development Hanna explained this is a Master
Plan to subdivide 5.5 acres to 10 units. The Planning Commission has
recommended to the Town Council that 7 units be approved based on the
EIR. The approximate slope of the property is 32%. Mayor Bass opened
the public hearing. Mr. Arthur Pierson, counsel for the applicant,
stated his clients are entitled to 10 lots based on the passage of time.
Mayor Bass stated it would be beneficial to the process if the
applicant could be present to participate in the approval process, and
answer Council's questions. Mayor Bass suggested continuing this item
so the full Council could be present and hopefully the applicants.
MOTION:
Moved:
to hold first reading of the ordinance
Rockey
This motion died due to the lack of a second. Councilman Edelstein stated he
~uld like to give the applicants one more try to be present. Mayor Bass
concurred.
VII. BUSINESS
7. SASM SEWER PIPELINE & STAGING AREAS (Encroachment and Temporary
Use Permits)
Director of Community Development Hanna explained the Sanitary
District is requesting approval by the Town for an encroachment permit
and temporary Use Permit to allow the consturction of a pumping station,
the pipeline and six temporary contractor storage areas. The encroachment
permit is necessary for the pipeline because it will be on Town property.
Temporary Use Permits are necessary for storage areas located in the PD
zone. The B.A.R. has reviewed this item and recommended relocating the
pump station to in front of the existing central building. Mr. Felix
Worberg and Rich Chinn were present and reviewed the pipeline, stating
construction time wouldbe approximately 12 months. Portions of the
multi-use path would be closed during this 12 months. Coucnilman Edelstein
suggested using double shifts to expedite the process. Councilman Rockey
noted that storage area B4 is on top of the blackberry bushes and recommended
Belvedere be made aware of this.
Council expressed their concern over closing the multi-use path for this
construction. They suggested SASM look into placing the pipe along
the shoreline or between Tiburon Boulevard and the multi-use path
wherever possible. Council recommended there be a special meeting on
this item and that Staff invite the Park and Recreation Commission and
CAL/TRANS representatives.
8. SOUTHERN MARIN RESIDENTIAL REVIEW BOARD (Admendment to Chapter l6B
of the Municipal Code, Ordinance 1st reading)
Council discussed the Residential Review Board and some inadequacies
in the review system Council suggested that the Lands and Development
Committee's report and resolution be sent to the City Councils of
Belvedere, Sausalito Mill Valley and the Board of Supervisors.
MOTION:
Moved:
Vote:
to adopt the Lands and Developments Resolution and recommendations
Rockey, Seconded by Edelstein
AYES: Edelstein, Rockey, Bass
ABSENT: Bergsund, Hanson
Moved:
Vote:
re-appoint Elva Edger to the Southenn Marin Residential Review
Board
Edelstein, Seconded by Rockey
AYES: Edelstein, Rockey, Bass
ABSENT: Bergsund, Hanson
MOTION:
VIII. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS
a. Mar West Traffic Circulation Modficiations
This item was continued
b. Richardson Bay Lineal Park Precise Plan (Status Report)
Director of Community Development Hanna displayed the
precise plan drawings with overlays of the Park and Recreation Commission's
revisions, noting the parking capacity to be 174 spaces. Council felt
the South of the Knoll area was in keeping with what is apporpriate
.for the area. Council expressed concern over the revd:sionsto the
Blackie's Pasture Area noting the berm for motorcross has been deleted.
Council held further comments for their review of the Precise Plan on
October 15, 1980.
IX. ADJOURNMENT
Being no further business of the Town Council of the Town of Tiburon
Mayor Bass adjourned the meeting at 1:10 AM, Thursday, October 2, 1980,
sine die.
~~
PHILI BASS, MAYOR
Town of Tiburon
, <<tIt$~
R.L. KLEINERT, TOWN MANAGER/CLERK
TOWN COUNCIL MINUTES #542
OCTOBER 1, 1980
PAGE FOUR
CORRECTED
TOWN COUNCIL MINUTES
':ALL TO ORDER
Mayor Bass called the regular meeting of the Town Council of the Town of
Tiburon to order at 7:30 PM, Wednesday, October 15, 1980, in the Town
Manager's Office, Tiburon, California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Hanson, Rockey, Bass
EX-OFFICIO:
Town Manager Kleinert
Town Attorney Conn
EXECUTIVE SESSION
Mayor Bass adjourned the meeting to Executive Session at 7:35 PM for the
purpose of discussing current and pending litigation.
REGULAR t-1EEIDING
Mayor Bass reconvened the regular meeting of the Town Council at 8:10 PM
in the Town Council Chambers, Reed School, Room 9, Tiburon, California.
PRESENT: EX-OFFICIO: Director of Community Development Hanna
Chief of Police Bailey
Town Engineer Bala
Supt. of Public Works Brunini
Minute Clerk Stultz
II. APPROVAL OF MINUTES
#541 - September 17, 1980
Page 4, 1st paragraph, delete last sentence and add "Town Engineer Bala
was asked to discuss with Mr. Crockett of CAL/TRANS methods of improving
the Rock Hill intersection that might cost less than $200,000.
Page 3, Item 16, 1st line, correct Russ Sayer to Russ Sayre.
Page 4, Item 16, add "Town Engineer Bala pointed out that the $50,000
per year annual maintenance cost does not include the cost of overlayment.
MOTION: to approve minutes #541 as amended
,Moved: Bergsund, Seconded by Edelstein
Vote: AYES: Edelstein, Bergsund, Hanson
ABSTAIN: Rockey, Bass
#542 - October 1, 1980
Page 4, item 8, correct spelling of Sausalito
Mr. Allan Littman asked the following corrections to the minutes of October
1, 1980 pertaining to Item 1
Page Two, line six, add to the end of the sentence "showing five parcels
of which four are off Owlswood Road
Page Two, line 10 add "The Planning Commission considered and rejected...
Page Two, Line 12, delete "and also considered eliminating the building
parcel and approve only three Parcels".
Page Two, line 13 change "The applicant is offering an easement" to
The applicant has dedicated an easernentll
MOTION: Change "the applicant submit an appropriate study" to
"the applicant submit a sketch".
MOTION: approve minutes #542 as amended
Moved: Rockey, Seconded by Edelstein
Vote: AYES: Edelstein, Rockey, Bass
ABSTAIN: Bergsund, Hanson
~II. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS
Councilman Hanson reported on a meeting with School Board represent-
atives regarding the future of Reedland Woods School, stating nothing new has
developed.
IV. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES
Mayor Bass recommended the nomination of Frank Tomsick to the Planning
Commission.
TOWN COUNCIL MINUTES #543
OCTOBER 15, 1980
PAGE ONE
MOTION:
Moved:
Vote:
appoint Frank Tomsick to the Planning Commission
Edelstein, Seconded by Hanson
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: None
V. PUBLIC QUESTIONS AND COMMENTS
Town Manager Kleinert stated tonight's meeting will be adjourned to
October 23, 1980, to consider the SASM pipeline location.
VI. CONSENT CALENDAR
Council requested Item 14 be moved to the consent calendar. Council-
man Bergsund stated item 3, Marin County Solid Waste Management Plan,
the report does not indicate the rest of Marin County is about to go on
curb-side recycling pick up and asked Staff to request this be included.
MOTION:
to approve the Consent Calendar consisting of:
Moved:
Vote:
1. FINANCE REPORT (September 1980)
2. POLICE REPORT (September 1980)
3. MARIN COUNTY SOLID WASTE MANAGEMENT PLAN (Approval of
3 year plan, review and report)
14. STREET CORRECTION REPAIRS (Miraflores Subdivision Unit #2)
Bergsund, Seconded by Hanson
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: None
VII. PUBLIC HEARINGS
4. RICHARDSON BAY LINEAL PARK PRECISE PLAN (Resolution)
Director of Community Development Hanna presented the precise
plan drawings for the Richardson Bay Lineal Park, stating the Planning
Commission is recommending Town Council approval of the South of the Knoll
area of the park. The Planning Commission has continued the hearings on
Blackie's Pasture area of the park. Mr. Hanna stated if the Town approves
only a portion of the Precise Plan, and the working drawings are submitted
by December 1, 1980, the Town would still be eligible for the Land and
Water Conservation Grant.
In the South of the Knoll the concert pavillion and landscaping
along the bike path has been eliminated. The Planning Commission
recommends the path through the park should be undefined rather than
defined. Mayor Bass opened the Public Hearing.
Mr. Larry Smith, Parks and Recreation Commissioner, stated the
:oad through the South of the Knoll should be defined as it will serve as
a service road and separate the natural area from the improved area.
Mr. Richard Litwin, ami Lang, stated the road should be improved with
either gravel or decomposed granit. Council questioned why the service
road was not located around the perimeter of the parcel. Mr. Litwin stated
the path is a natural path already being used. Mr. Smith stated the road
would allow for park maintenance. Lou Brunini, Supt. of Public Works
stated the path is not necessary as long as there is a road around the
perimeter. Mr. Smith stated the area around the park should not be
developed into a road, it should be preserved in its natural state.
Mr. Koehler, P&R Commissioner, stated if the path was eliminated and the
area left flat it would invite active recreation uses and not the
intended passive uses. Mrs. Fox stated her concerns over the Blackie's
Pasture portion of the park in regard to increased traffic and parking.
Supt. of Public Works Brunini questioned the maintenance costs of
the park. Mr. Litwin stated the intention was to put in a grass similar
to McKegney Green but a natural perennial could be installed that would
need little maintenance. Mr. Litwin stated the estimate for construction
of the park is $161,000. The Town has been granted a matching grant
whereby the State would pay up to $70,000 and the Town would have to corne
up with $70,000 for a total of $140,000. Councilman Edelstein suggested
1r. Litwin's estimate be reviewed by the Lands and Development Committee.
Mr. David Lilly, Greenwood Beach Road, asked that before the plans are
approved that an Environmental Impact Report be prepared, as he felt
this project would have adverse environmental impacts and the Town
should consider how to mitigate those impacts. Mr. Will Damaris stated
his concerns over the influx of more people to the park and added traffic
and parking .
Mayor Bass :closed the Public Hearing.
'1'()W1\T r()TTNrTT. MTNTT'T'1<'~ i t;.1 ~
()r'T'()~1<'p It; lQQn
P n r::'.l<' 'flT,TfI
Mayor Bass stated the appeal period of an approved negative declaration
of environmental impact is ~~~~~~~/X~/i 30 days. Mr. Lilly stated
the Planning Commission at its last meeting approved the neg dec.
Mr. Hanna stated with the original master plan a negative declaration
was approved and filed with the State. Mr. Alan Littman stated
it must have been around six (6) years ago when the master plan was
approved. Councilman Bergsund suggested the Council approve the
Negative Declaration applying to only the South of the_Knoll.
MOTION:
approve negative declaration of environmental impact with the
understanding that it only applies to the South of the Knoll.
Moved:
Vote:
Rockey, Seconded by Bergsund
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: None
MOTION: adopt resolution approving the precise plan for the South of
the Knoll with the change that the service road that bi-sects
the park be ~~ttt~~/~~/t~~t/t~~/P~t~/~Pl/~~/P~t~t~J~~ft/~t/ reduced in
dt~ to a ~~~~J That the Lands and Development Committee review,
rVlng path Mr. Litwin's estimate and if there are any problems wlth
rfaced with the estimate that it corne back to the Council, and when
loose mater- the drawings are completed the Council and other Boards
1 review them before going out to bid and submitted to other
agencies.
Moved:
Vote:
Bergsund, Seconded by Rockey
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: None
Councilman Bergsund mentioned for the record Mr. Wills has sent
letterspppp~tA8/~/PfttX/. regarding landscaping McKegney Green.
5. MASTER AND PRECISE PLAN (Owlswood Road, Ordinance 2nd reading,
Resolution)
Director of Community Development Hanna reviewed the last Council
meetings proceedings.
Mayor Bass Opened the Public Hearing.
Mr. Alan Littman stated he has planted acacia trees between the Thea
house and parcel "c" for privacy purposes. Mr. Littman stated the
n~destrian easement was dedicated in 1978 and he would like to preserve
e wooded canyon area. Mr. Smith stated the building on parcel
~" is an invasion of privacy and recommended it be located to
another area of the project. Mrs. Thea stated the trees Mr. Littman
planted do not block the view of parcel "C".
Councilman Edelstein asked Town Attorney Conn is a condition of
approval could be that a fence along the Thea property line for the purpose
of privacy could be permitted taller than the 6' allowed by the zoning
ordinance. Mr. Conn stated it could. Council reviewed the distances
between the porposed home and the Thea house. The distance from the Thea
home to the garage on parcel "CII is 66'. Mr. Littman stated be would
consider planting more trees to insure the privacy of Mrs. Thea. Councilman
Rockey asked if he could plant larger size trees. Mr. Littman stated the
building envelope of parcel "C" is 3,078. Councilman Edelstine suggested
keeping that number and allowing a 10% tollerance. Mayor Bass asked if
Mr. Littman would be willing to exchange the previously dedicated pedestrian
easement for one following the 80-90 degree contour line. Mr. Littman
stanted if the Town asked me to exchange the previoulsy dedicated easement
for another easement, I would have no alternative but to work with the Town.
Mr. Littman suggested the Lands and De~pment Committee work with him
0n a modification of the easement. Mr. Littman stated grading and clearing
: the easement would be the Town's responsibility once it is dedicated.
MOTION: that a condition #12 be added to the Ordinance and Resolution
stating: prior to the issuance of an occupancy permit
for the unit on parcel "c" that large tr~es or other
suitable landscaping be planted along the western property
line to maximize the privacy of the Smith's and Thea's residences;
that any new retaining walls within this development be
poured, textured, colored concrete and follow the natural
contour of the land as closely as possible and be subject
to the Town Engineer's and Design Review approval; the
building envelope of parcel "c" be limited to 3,400 sq.ft.,
and in good faith the applicant will meet with the Lands
and Development Committee to arrive at a modified boundary
line of the easement prior to fiiling of the Tentative Map.
Moved:
Vote:
Bergsund, Seconded by Rockey
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: None
MOTION:
approve second reading of the ordinance approving the
Littman Master Plan as amended
Moved:
Vote:
Hanson, Seconded by Bergsund
AYES: Edelstein, Bergsund, Hanson, Bass
NOES: Rockey
MOTION:
Moved:
Vote:
to amend Precise Plan resolution
Edelstein, Seconded by Bergsund
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
MOTION:
adopt resolution approving the Littman Precise Plan as
amended
Moved:
Vote:
Edelstein, Seconded by Bergsund
AYES: Edelstein, Bergsund, Hanson, Rockey, Bass
6. MASTER PLAN & PREZONING (La Cresta, .Via Los Altos, Ordinances,
1st readings)
Director of Community Development Hanna explained the applicant
is requesting Master Plan and pre zoning approval from the Town for
their property located outside the Town limits. The applicant would
then proceed to the county for Master Plan approval and request
annexation proceedings and then come back to the Town with their
Precise Plan. The Planning Commission has recommended the property
be zoned RPD-l which allows from one unit per acre to one units
per five acres. Using the Strawberry Community Plan this project
would be entitled up to 21 units. The applicants are proposing 29
units with access off Via Los Altos and 7 units for future development
gaining access from Eagle Rock Road. The future development area
would be developable when surrounding properties are annexed to
the Town of Tiburon. Council questioned the varied pre zoning for
the La Cresta project and the adjoining Ring Mountain Development.
Mr. Hanna stated Ring Mountain contains many rare and endangered
species that must be preserved. The applicant will offer for dedication
to the Town an Open Space area, should the Town not accept it,
the property would remain as open space and undevelopable in the
future. Council discussed the fact the Ring Mountain development
application has been resubmitted to the County and they are still
requesting 85 units.
Mayor Bass opened the Public Hearing.
Mr. Torn Newton, project planner, reviewed the application stating
the units are proposed to be approximately 4,000 sq. ft. excluding
garages. They intend to vary the homes in the precise plan using
anying from 3,500 sq. ft. to 4,200 sq. ft. Councilman Rockey
asked what consideration had been given to low and moderate income
housing. Mr. Newton stated he did not feel this project would be
appropriate for low/moderate income housing. Councilman Rockey questioned
if an in-lieu fee was charged, would that money be paid to the Town
or County? Council asked staff to look into this matter. Councilman
Rockey also questioned why the routine Master Plan conditions had
not been applied to this application.
Mayor Bass closed the public hearing.
MOTION: to read the ordinance pertaing to pre zoning by title only
Moved: Edelstein, Seconded by Hanson
Vote: AYES: Unanimous
Mayor Bass read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON PRE ZONING CERTAIN PROPERTY TO AN RPD-L ZONING DISTRICT
TOWN COUNCIL MINUTES #543
OCTOBER 15, 1980
PAGE FOUR
MOTION:
Moved:
Vote:
MOTION:
Moved:
approv~ first reading of the ordinance pre zoning the La Cresta
property
Bergsund, Seconded by Edelstein
AYES: Unanimous
read by title only the ordinance approving the La Cresta
Master Plan
Bergsund, Seconded by Hanson
Councilman Rockey again stated his concerns that this Master Plan is
not conditioned as other master plans and felt it should be.
Councilman Bergsund withdrew her motion, Councilman Hanson concurred.
MOTION:
Moved:
Vote:
that the Master Plan application be brought back to the
Planning Commission for their recommendations in respect
to Master Plan conditions
Rockey, Seconded by Edelstein
AYES: Unanimous
7. PRECISE PLAN (Gilmartin Drive, von der Werth, Resolution)
Director of Community Development Hanna stated the Planning
~ommission has considered the precise plan and tentative map and
heir major concern was the amount of grading and excavation for
che road work. The applicant has reduced the amount of excavation
and the only matter concerning the Planning Commission was access
to parcel 4. Council discussed the access to parcel 4, and
Town Engineer Bala stated he felt it was doubtful that access
can be gained from the bottom of the parcel. \' Councilman Edelstein
stated he would like the retaining walls to be poured, textured,
concrete. Council discussed the Gilmartin Drive improvements, and
Town Engineer Bala stated the cost estimate for these improvements
must be adjusted after a year.
MOTION:
Moved:
Vote:
to adopt resolution (#1119) approving the von der Werth
Precise Plan and Tentative Map deleting paragraph 12 and
submitting: The applicant shall construct a driveway from
the lower side of parcel 4 unless the Town Engineer decides
it is not feasible and the improvements shall be to the Town
Engineer's approval. A new paragraph (13) be added stating
all retaining walls will be poured, colored, textured
concrete and the top of the wall will follow the contours
of the land as closely as possible.
Hanson, Seconded by Edelstein
AYES: Unanimous
8. MASTER PLAN (Gilmartin Drive, Chan & Tai, Ordinance, 1st reading)
Director of Community Development Hanna explained the matter
before the Council is Master Plan approval for an extension off
Gilmartin Drive. The Planning Commission and Town Council received
the EIR and certified that EIR. The Planning Commission is recommending
rather than the 10 units proposed a Master Plan be approved for
a maximum of 7 units. Councilman Hanson noted this item has been
continued since August 6, 1980.
Mayor Bass opened the Public Hearing.
Mrs. Day expressed her concern over the sewer easement and possible
damage to her retaining wall. Mr. Tai, Architect, stated the EIR
recommended 7 lots on this property based on soils conditions, and that
is based upon the cost for impDoving lots 3, 8 and 10. He stated
that should be left up to the developer should he want to spend the
money to improve these lots. Council questioned how the applicant
will adjust the elevation levels between the proposed homes.
'own Engineer Bala questioned how one could enter some of the lots from
the street. Council asked Mr. Tai if he had brought any information,
maps, reports, etc. Mr. Tai stated no.
Mayor Bass closed the Public Hearing.
MOTION: to read the Ordinance by title only
Moved: Hanson, Seconded by Bergsund
Vote: AYES: Unanimous
TOWN COUNCIL MINUTES #543
OCTOBER 15, 1980
PAGE Five
Mayor Bass read "A,N OR,DTNANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON APPROVING THE CHAN AND TAI MASTER PLAN
Moved:
\ ,Vote:
to approve first reading of the Ordinance approving the Chan
and Tai Master Plan
Hanson, Seconded by Bergsund
AYES: Bergsund, Hanson, Rockey
NOES: Edelstein, Bass
MOTION:
9. APPEAL OF B.A.R. DECISION (Chimney, 120 Sugarloaf Drive)
Mayor Bass opened the Public Hearing. Mr. James Murray, respresenting
the appellant, spoke on the matter stating he has written to Mr.
Spaulding, 120 Sugarloaf, to try to resolve this matter. Mr. Murray
stated he had requested Mr. Spaulding halt construction until this
matter is resolved, and Mr. Dexter's willingness to pay for relocating
the chimney. Mr. Murray stated the Spaulding variance has expired,
and the building permit had not been signed. Mr. Murray read a portion
of B.A.R. resolution #345 which stated Staff is to work with the
applicant and the property owner at 124 Sugarloaf in regard to view
line problems. Mr. Harnfi~t, prior owner of 124 Sugarloaf, stated no
one had contacted him while he owned the house. Mr. Ha~t stated
there is a significant view blockage from the chimney. Mr. Dexter
stated he would like to see the chimney moved to the road side. Councilman
Bergsund stated that Mr. Spaulding should either move the chimney or simply
reduce the bulk of the encasing. Mr. Spaulding displayed a map of
the chimney, stating the home was built around the living room and
the chimney in it. After further discussion of possible mitigation
measures, Council continued this item to the next regular Council
meeting and asked Mr. Dexter and Mr. Spaulding try to work out this
matter, and if not, then the Council will act on this matter.
X. ADJOURNMENT
Mayor Bass adjourned the meeting at 1:25AM, Thursday, October 16,
1980 to October 23, 1980, to discuss the proposed SASM pipeline
location.
TOWN COUNCIL MINUTES #543
OCTOBER 15, 1980
PAGE SIX