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HomeMy WebLinkAboutTC Min 1979 (July thru December) TOWN OF TIBURON TOWN COUNCIL I. CALL TO ORDER The adjourned regular meeting of the Town Council of the Town of Tiburon was called to order by Mayor Bergsund at 7:15 p.m. at the Community Room of the Hilarita, Tiburon, California. II. ROLL CALL Present: Absent: Present: Councilmen: Councilmen: Ex Officio: Bergsund, Bass ,Hanson, Edelstein (7:20 p.m.) Rockey Town Manager Kleinert, Director of Community Development Hanna, Town Attor~ey Conn, Deputy Town Attorney Ragghianti Mayor Bergsund adjourned the meeting to an Executive Session at 7:17 p.m. for the purpose of discussing pending litigation. At 8:12 p.m. Mayor Bergsund reconvened the meeting to a public session. III. PUBLIC QUESTIONS AND COMMENTS Tiburon downtown merchant, Tom Belton, addressed the Council and invited them to participate in a public meeting scheduled for Tuesday, July 31,1979, for the purpose of discussing the proposed Southern Pacific Downtown plan. This meeting is being organized by certain residents of the Community and interested Downtown businessmen. IV. BUSINESS The Council then proceeded with the informal interviews of applicants who had previously indicated an interest in serving on the Town's Commissions, Boards or Committees. Six applicants were introduced to the Council and participated in general discussion concerning their interests and experience. V . ADJOURNMENT There being no further business of the Council, Mayor Bergsund adjourned the meeting at 9:05 p.m., Thursday, July 12, 1979, sine die. ATTEST: Town Council MInutes #504 July 12, 1979 Page 1 CORRECTED TOWN OF TIBURON TOWN COUNCIL CALL TO ORDER The regular meeting of the Town Council of the Town of Tibu~on was called to order by Mayor Bergsund at 8:15 p.m. on Wednesday, July 18, 1979, in the Town Council Chambers, Room 9, Reed School, Tiburon, California. I. ROLL CALL Present: Councilmen: Ex Officio: Bass, Bergsund, Rockey, Edelstein, Hanson (8:20 pm) Town Manager Kleinert, Director of Community Development Hanna, Chief of Police Bailey, Town Engineer Bala, Deputy Town Attorney Ragghianti, Minute Clerk Kraft II. APPROVAL OF MINUTES #503 - III, first line, add "expect prelimina'ry approval" Item 8, after "are paid fairly.", add "He also recommended that the Council's Public Services Committee review with the Police Chief policies regarding non-essential services with a view towards reducing work load." Item 8, after "$7750", add "be clarified in the operating budget to show a net zero." Item 8, after "to line 239.", add "Mr. Edelstein reminded Council and Staff, of an ordinance to be...." MOTION: To approve Minutes #503 as corrected. Moved: Rockey, Seconded by Bass Vote: Unanimous Absent: None III. TOWN COUNCIL, COMMISSION, AND COMMITTEE ORAL REPORTS There were none at this time. IV. APPOINTMENTS TO COMMISSION, COMMITTEES AND' BOARDS Mayor Bergsund reported that Council needed some more time for inter- viewing before announcing the appointments and she hoped to announce them at the August 1st meeting. V. PUBLIC QUESTIONS AND COMMENTS Downtown merchant Tom Belton questioned when the schedule of meetings with Southern Pacific regarding their proposed downtown development plan will be published. William Krivda asked why the proposed plan had not been denied when submitted several months ago. Councilmen Edelstein, Bass, and Hanson spoke of the significance of the proposed project to the Town and assured members of the audience that all precautions were being used by the Town to offer a fair public hearing process acting within the legal guidelines. Town Manager Kleinert noted that review of the schedule being proposed would be discussed later in the evening under Staff Reports. VI. CONSENT CALENDAR MOTION: the Consent Calendar consisting of the following CLAIM AGAINST THE TOWN (Personal Injury) FINANCIAL REPORT (June 1979) ENCROACHMENT PERMIT (Allow roof of garage to encroach on Town right-of-way at 2300 Mar East) 4. TRAFFIC SAFETY COMMITTEE REPORT (no action was taken on item #2.) Rockey, Seconded by Bass Unanimous None to approve items: 1. 2. 3. Moved: Vote: Absent: Town Council Minutes #505 July 18,1979 Page 1 VII. PUBLIC HEARINGS 5. MASTER AND PRECISE PLAN - TIBURON LODGE (Meeting Room and 4 Unit Addition, Ordinance 2nd Reading and Resolution and Environmental Impact Review) Director of Community Development Hanna explained that this amended Master Plan supercedes the previous one and that there is a total reduction of 3,200 sq. ft. from the original Master Plan. Mayor Bergsund opened the Public Hearing. Councilman Edelstein suggested a condition of the amended Master Plan approval be the abatement of the small building at the corner of Tiburon Boulevard and Mar West.* Councilman Bass concurred. MOTION: that this matter be referred to the Planning Commission at their July 25th meeting and they be requested to consider adding condition C to Section 2 of the proposed Ordinance, approval be granted subject to the prompt removal of the building at the corner of Tiburon Boulevard and Mar West, and their advisory vote be reported back to the Council Moved: Bass, Seconded by Rockey *which was shown to be removed from Vote: Unanimous the original Master Plan. Absent: None The Public Hearing was continued until the August 1st meeting. 6. MASTER AND PRECISE PLAN - 21 MAIN STREET (Travel Agency - Ordinance, 2nd Reading and Resolution) Director of Community Development Hanna explained the proposal to establish a travel agency on the second floor at 21 Main Street. Mayor Bergsund opened the Public Hearing. There were no comments from the public. MOTION: Moved: Vote: Absent: MOTION: to adopt Ordinance 213, AN ORDINANCE OF THE TOWN OF TIBURON APPROVING MASTER PLAN FOR 21 MAIN STREET. Hanson, Seconded by Bass Unanimous None to adopt Resolution No. 1055, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PRECISE PLAN FOR 21 MAIN STREET, 2ND FLOOR. Rockey, Seconded by Bass Unanimous None Moved: Vote: Absent: VIII. BUSINESS 7. ANIMAL CONTROL (Revisions to County Ordinance, Ord. 2nd Reading) Council reviewed the revisions to the County Ordinance relating to animal control, the licensing year and establishment of fees by Resolution of the Board of Supervisors. Council directed Staff to write to the County requesting that the dog license fee not be raised higher than $10, ~~~/t~~t to informational sheets be provided to the public explaining the new licensing pre-procedures, which will be handled through the county~ no longer at Tiburon Town pare MOTION: to adopt Ordinance No. 214, AN ORDINANCE OF THE TOWN OF office] TIBURON AMENDING SECTIONS 20~16, 20-17 and 20-18 OF THE TIBURON CODE PERTAINING TO ANIMAL CONTROL. Moved: Edelstein, Seconded by Hanson Vote: Unanimous Absent: None 8. PARAMEDIC SERVICES (Preparation of ballot measure in support of Countywide paramedic services) Councilman Bass asked if the Tiburon Fire District was going to help in the cost of placing this matter on the ballot. Town Manager Kleinert said they were not comitted at this time. Councilman Rockey asked if there was support information regarding the $12 per household fee being recommended for this service. Mayor Bergsund suggested that we place this matter before the voters on the April, 1980 ballot as other Southern Marin Cities have ~ecommended. Councilman Edelstein concurred but asked that further informa- ~ion be supplied at the August 1st meeting so that Council could further consider putting this on the November ballot. Town Council Minutes #505 July 18, 1979 Page 2 MOTION: to approve recommending that the Paramedic Services program be placed on the April, 1980 ballot and direct Staff to investigate the possibility of placing it on the November, 1979 ballot as well, provided that the Fire District agreed to partici- Edelstein, Seconded by Bass pate in the funding. Unanimous None Moved: Vote: Absent: IX. STAFF REPORT, COMMUNICATIONS AND' TOWN MANAGER ITEMS Lyford's Cove/Old Tiburon Property Owners' Association A. Letter from ~~~1Y~~ to Town Council, dtd 7/8/79 Director of Community Development Hanna reviewed the letter above and summarized the four pertinent requests. He noted that in order to pursue an adequate abatement program of illegal units, other projects underway will have to be dropped or additional personnel will be required. He agreed that all officially abated illegal units should be recorded in the County Recorder's office. He noted that maximum penalties for the violation is established by State law, as previously reported by the Deputy Town Attorney. He reported that posting a notice on property that has applied for a building permit presents many problems for Staff in terms of time, checking and re-checking that the notices haven't been removed or blown away. Presently property owners*in a 300 foot radius of the proposed building site are noticed by post cards and his opinion is that this is sufficient to alert future property owners. Councilman Hanson said he was supportive of the idea of a sub- stantial penalty being imposed for the second violation of an abated illegal unit. Deputy Town Attorney Ragghianti said that the maximum penalty under the law is $500 or six months in jail. Answering a question from CounciLman Bass, Deputy Town Attorney Ragghianti gave a detailed account of the proce- dure for abating an illegal second unit. Councilman Rockey asked if we have received many complaints regarding illegal second unit~. Director of Commun- ity Development Hanna said he thought there had been only one in the past five or six months. There was a discussion about the possibility of hiring a CETA employee to act as the "code enforcer". Resident Elmo DeMartini discussed the procedure used on the City and County of San Francisco for abating illegal second units and asked if the Town of Tiburon could adopt such a procedure, as outlined in AB475. This item was continued 'for further discussion. *and Home Owners' Associations representatives. B. Property Development Tax Ordinance (Oral Report by Town Manager) After a short discussion the following motion was made: MOTION: to direct the Town Attorney to draft an amendment to the Zoning Ordinance regarding raising the property development fees in the Town of Tiburon, and submit the draft at the August 1st meeting. Edelstein, Seconded by Hanson Unanimous None Moved: Vote: Absent: C. Countywide Transportation Plan - Identification of traffic problems on the Tiburon Peninsula (Oral Report by Director of Community Development regarding Planning Commission's comments) This item was continued. X. ADJOURNMENT There being no further business of the Council, Mayor Bergsund adjourned the meeting to an Executive Session for the .purpose of discussing pending litigation, at 11:45 p.m., Wednesday, July 18, 1979. Mayor Bergsund adjourn- ed the Executive Session at 12:10 a.m., Thursday, July 19, 1979, sine die. ~ i JOAN. ,A7df~ ... R. L. KLEINERT, Town Manager/Clerk Town Council Minutes #505 July 18, 1979 Page 3 CORRECTED TOWN OF TIBURON 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. in the Town Manager's office, Town Hall, Tiburon, California. I . ROLL CALL Present: Councilmen: Ex Officio: Bergsund, Edelstein, Hanson, Rockey Town Manager Kleinert, Deputy Town Attorney Ragghianti Bass Absent: Councilman: EXECUTIVE SESSION Mayor Bergsund adjourned the meeting to Executive Session at 7:35 p.m. for the purpose of discussing pending and current litigation. REGULAR MEETING Mayor Bergsund reconvened the Town Council for the regular business meeting session at 8:20 p.m. in the Town Council Chambers, Reed School, Tiburon, California. Ex Officio Present: Director of Community Development Hanna, Police Chief Bailey, Town Engineer Bala, Superintendent of Public Works Brunini, Minute Clerk Kraft II. APPROVAL OF MINUTES MOTION: To approve Minutes #504 as submitted Moved: Edelstein, Seconded by Hanson Vote: Ayes: Bergsund, Hanson, Edelstein Noes: none Absent: Bass Abstain; Rockey #505 - page 2, Item 5, add "and Mar West which was shown to be removed from the original Master Plan." page 2, Item 7, "$10, ~1i~/;t){~;tto prepare informational sheets ~~/~t~~t~~~/for ........procedures which will be handled through the---COunty, no longer at TiburonTown offices. page 3, add, "as well, provided that the Fire District agreed to participate in funding." page 3, Item A, change LCOTPOA to "Lyford's Cove Old Tiburon Property Owners' Association", add "Presently property owners and Home Owners' Associations representatives....." MOTION: To approve Minutes #505 as corrected Moved: Rockey, Seconded by Hanson Vote: Ayes: Bergsund, Hanson, Rockey, Edelstein Noes: none Absent: Bass III. TOWN COUNCIL, COMMISSION, AND COMMITTEE ORAL REPORTS Mayor Bergsund reported that the Town had received notification from the San Francisco Foundation that a large grant has been received by the County to be used in the area of health and human services; she is attending a meeting and asked for suggestions of ways that some of this grant money may be used to help Tiburon residents. Suggested areas are for the Stone Tower, the Downtown Marsh and the China Cabin. Mayor Bergsund gave recognition to the annual muscular dystrophy telethon weekend on September 1, 2, 3rd. Mayor Bergsund reported that George Ellman, Jeanne Price and Ida Mae ~are heading the ~ommittee to save the Downtown Marsh. Berg Fundraising Town Council Minutes #506 August 1, 1979 Page 1 Town Manager Kleinert reported that the Board of Supervisors has agreed to add $6,500 to their Capital Improvement Budget for the restoration of the Reedland Woods School playfield. Their stipulations include the Town of Tiburon, City of Belvedere, Reed Union School District and Strawberry Recreation District contributing $8,500 towards this project and that there be joint sharing of the facilities. Mr. Kleinert and Mr. Rockey expressed their appreciation to Supervisor Rice for his efforts on this behalf. Councilman Edelstein reported that CAL/TRANS has agreed to place two traffic signal lights at the Trestle Glen intersection on a trial basis. IV. APPOINTMENTS TO COMMISSIONS, COMMITTEES, AND BOARDS Mayor Bergsund recommended that Robert Verhey, Petey Stein and Chuck Koehler be appointed to the Parks and Recreation Commission; that Al Barsimanto, Gary Spratling, and Helen Sanford be appointed to the Planning Commission; and that Valerie Bergman and Ted Kreines be appointed to the Board of Adjustments and Design Review; and that Capt. Stewart Hopkins be appointed to the Marin/Sonoma Mosquito Abatement Board as Tiburon's representative. MOTION: Moved: Vote: to accept Mayor Bergsund's recommendations as stated above. Edelstein, Seconded by Hanson Ayes: Edelstein, Hanson, Rockey, Bergsund Noes: none Absent: Bass Mayor Bergsund thanked all those who had applied for Commission and Board vacancies and gave thanks to those retiring. She mentioned that there are still two vacancies on the Fine Arts Commission which will be filled shortly. V. PUBLIC QUESTIONS AND COMMENTS Town Manager Kl~inert reported that the Board of Supervisors had agreed to the same fee again for dog licenses, however there will be a stricter fine imposed on un-licensed dogs which are caught. VI. CONSENT CALENDAR Item #8 was added to the Consent Calendar. MOTION: Moved: Vote: to approve the Consent Calendar as submitted including the f0110wing items: 1. AUTHORIZATION TO GO OUT FOR BID (Tiburon Peninsula Governmental Agencies) 2. ADOPT TARGET SETTING FIGURES (Richardson Bay Residential Development Review Board) 3. ENCROACHMENT PERMIT (PG&E Line Undergrounding along Multi-Use Path) 8. JOINT POWERS AGREEMENT (Continued) Rockey, Seconded by Hanson Ayes: Rockey, Hanson, Bergsund, Edelstein Noes: none Absent: Bass VII. PUBLIC HEARINGS 4. MASTER AND PRECISE PLAN - TIBURON LODGE (Continued public hearing, Meeting Room and 4 Unit Addition, Ordinance, 2nd Reading and Resolution and Environmental Impact Review) Director of Community Development Hanna reviewed the comments and recommendations of the Planning Commission regarding the Tiburon Lodge expansion. Mayor Bergsund opened the public hearing. She began the discussion by commenting that this seemed like a small Town Council Minutes #506 August 1, 1979 Page 2 problem in the beginning but it was an example of how a problem can mushroom out of proportion. Councilman Edelstein said that the small building on the corner of Tiburon Blvd. and Mar West that is in question was not included in the original Zelinsky Master Plan and he remained firm in his belief that it should be removed as a condition of the amended Master Plan which would allow for the Tiburon Lodge expansion. Mr. Zelinsky, owner of the Tiburon Lodge, said there were many pros and cons regarding the building but asked that it not be considered as a condition of approval of the Lodge expansion. Councilman Hanson asked Mr. Zelinsky what guarantee the Town would have that the building would be removed in one year if that was agreed to tonight. Deputy Town Attorney Ragghianti said that a bond could be posted on the condition of issuance of a building permit which would protect the Town. Council- man Rockey said that he was somewhat sympathetic with the one year extension being given to the real estate building but would prefer that it be removed immediately. Mr. Zelinsky agreed to remove the building immediately. Mayor Bergsund closed the public hearing. MOTION: to adopt Ordinance 215 N.S. AN ORDINANCE OF THE TOWN OF TIBURON AMENDING ORDINANCE NO. 187 N.S. BY APPROVING AMENDMENT TO ZELINSKY MASTER PLAN, with the added condition "that the owner shall remove the temporary building at the corner of Tiburon Blvd and Mar West prior to the issuance of any building permits for work or improvement on the property." Moved: Rockey, Seconded by Hanson Vote: Ayes: Rockey, Hanson, Edelstein, Bergsund Noes: none ' Absent: Bass MOTION: to adopt Resolution No.1056, A RESOLUTION OF THE TOWN OF TIBURON APPROVING A PRECISE PLAN FOR THE EXPANSION OF THE TIBURON LODGE Moved: Rockey, Seconded by Hanson Vote: Ayes: Rockey, Hanson, Edelstein, Bergsund Noes: none Absent: Bass 9. COOPERATIVE AGREEMENT FOR TIBURON SCHOOL CONVERSION (Marin County Housing Authority and Town of Tiburon) Director of Community Development Hanna reviewed the cooperative agreement between the Town of Tiburon and the Housing Authority whereby the Housing Authority acquires the property and maintains title until the contract between the Housing Authority and H.U.D. expires at which time the property reverts back to the Town. Dick Blood-Bornh&ldt of the Housing Authority reported that the estimated figure for renovating the Old Tiburon School is $170,000; this figure includes an inflation escolator and also the hoped for community room and the additional two units. A revised site plan and rental plan has been submitted to H.U.D.and final application approval is expected before September 30th. Councilman Rockey suggested a few changes to the submitted cooperative agreement. MOTION: to approve the cooperative agreement with the suggested changes subject to approval by the Town Attorney. Moved: Hanson, Seconded by Rockey Vote: Ayes: Hanson, Rockey, Edelstein, Bergsund Noes: none Absent: Bass Councilman Edelstein requested Mr. Blood-Bornholdt to look seriously at the Southern Pacific proposed downtown plan regarding the incorporation of low or moderate income housing. VIII. BUSINESS 5. MlRAFLORES ASSESSMENT DISTRICT (Status and financial review of Assessment District Proceedings) Town Manager Kleinert summarized the status and financial position of the Miraflores Assessment District and recommended that subject to the Town receiving a complete general release from the Waynes the Miraflores Holding Company be paid $47,000 from the remaining funds. Special Counsel Ed Ness was present and concurred. Town Council Minutes #506 August 1, 1979 Page 3 Town Engineer Bala explained the drainage on Rock Hill Road and the State paid bus stop improvements. Councilman Hanson asked how many homes have been built on the property so far. Mr. Ness answered, 12. MOTION: Moved: Vote: to authorize the above payments letter as written. Hanson, Seconded by Rockey Ayes: Hanson, Rockey, Bergsund, Noes: none Absent: Bass and approve Mr. Ness' Edelstein 6. UNDERGROUNDING UTILITIES (Paradise Drive) Town Manager Kleinert reported that the Town had received a request from residents of the Old Tiburon/Lyford's Cove area that the Town undergdound the utilities~along Paradise Drive. He explained the Rule 20A Utility Undergrounding Fund and reported that this area would qualify if money became available. However, other areas, namely Tiburon Blvd. near Blackie's Pasture, would also have a high priority for undergrounding. Both Bob Elsberg and Ed Hibler from the Old Tiburon area were present. Councilman Edelstein asked if the Town can condition approval of the Southern Pacific downtown plan on them undergrounding the utilities along the portion of Paradise Drive that fronts their property. Deputy Town Attorney Ragghianti said yes. Councilman Edelstein suggested that Staff rely on the previous report compiled which lists several areas in Tiburon, in priority order, for utility under- grounding. This item was continued for further discussion. - 7. PROPERTY DEVELOPMENT TAX (Amendment to Property Development Impact Fee Schedule) Town Manager Kleinert reviewed the present and proposed fee schedule. Councilman Edelstein suggested that single family dwellings be exempt at the present time from this fee. He also said that he felt the fees imposed in Mill Valley are more appropriate that those being suggested. He suggested flexibility and not restriction of the funds collected. The Town Attorney was directed to re-draft the amendment to Ordinance 86 for the next meeting. 10. GOLDEN GATE TRANSIT DISTRICT (H. Rose Management Report Recommendation Regarding Ferry Feeder Bus Fee) Town Manager Kleinert reported that public representative Logan Eisele has advised the Town of the District Board's consideration of a recommended fare proposal for commuters who now utilize the District shuttle buses to the Tiburon Ferry. The proposal is to charge 50~ each way. Councilman Hanson said this proposal is in direct conflict with the County's stated goal of encouraging people to use public transportation and he was opposed to any fee charged for this service. It was agreed that Hanson and Town Manager Kleinert would go to the Board meeting the following day and express the Town's position. IX. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS A. Paramedic Services (Status of Ballot measure proposal and scheduled election) Town Manager Kleinert reviewed the paramedic services proposals and recommended that Council continue its intent to place this issue on the April, 1980, ballot. B. Countywide Transportation Plan - Identification of Traffic Problems on the Tiburon Peninsula Director of Community Development Hanna explained that the Planning Commission had suggested as areas of concern regarding traffic are the parks, i.e. the towing of boats on roads to such locations as Paradise Park and other marinas, potential problems with commuter and ferry parking and also Angel Island parking. C. Letter from RUSD Superintendent to Town of Tiburon, dtd 7/23/79 Town Council Minutes #506 August 1, 1979 Page 4 Town Manager Kleinert reported that we had received a letter from the Reed Union School District outlining the resolved concerns about the Crossing Guards for next school year. Everyone expressed pleasure that this problem has been solved. D. Southern Marin Police Consolidation Report Council received this report and requested that Al Aramburu be invited to the next meeting to discuss this further. X. ADJOURNMENT There being no further business of the Council Mayor Bergsund adjourned the meeting at 11:30 p.m., Wednesday, August 1, 1979, sine die. '\J-tUL~ yor ATTEST: Town Council MInutes #506 August 1, 1979 Page 5 TOWN OF TIBURON 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, August 15, 1979, in the Town Manager's office, Town Hall, Tiburon, California. I. ROLL CALL Present: Councilmen: Ex Officio: Bergsund, Edelstein, Hanson, Rockey, Bass Town Manager Kleinert EXECUTIVE SESSION Mayor Bergsund adjourned the meeting to Executive Session at 7:35 p.m. for the purpose of discussing personnel matters. REGULAR MEETING Mayor Bergsund reconvened the Town Council for the regular business meeting session at 8:28 p.m. in the Town Council Chambers, Reed School, Tiburon, California. Ex Officio Present: Police Chief Bailey, Town Attorney Conn, Town Engineer Bala, Superintendent of Public Works Brunini, Director of Community Development Hanna, Minute Clerk Kraft II. APPROVAL OF MINUTES #506 - page 1, last line, "Ida Mae Berg"......"heading the fundraising committee" - MOTION: to approve Minutes #506 as corrected Moved: Hanson, Seconded by Rockey Vote: Ayes: Hanson, Rockey, Bergsund, Edelstein Noes: none Abstain: Bass III. TOWN COUNCIL, COMMISSION AND COMMI~TEE ORAL REPORTS Mayor Bergsund questioned the Director of Community regarding Ring Mountain. Mr. Hanna responded an Environmental Consultant is being selected. Mayor Bergsund reminded everyone of the joint meeting with the Planning Commission and Southern Pacific Railroad for Saturday morning. Councilman Hanson requested that Item #12 be continued to the next meeting. Mayor Bergsund reminded the audience of the Marin Racer's run in Tiburon on Sunday, August 19th. IV. APPOINTMENTS TO COMMISSION, COMMITTEES, AND BOARDS There were none at this time. V. PUBLIC QUESTIONS AND COMMENTS There were none at this time. VI. CONSENT CALENDAR Item #9 was added to the consent calendar and Items #1 and #3 were removed for further discussion. MOTION: to approve the Consent Calendar consisting of the following items: 2. FINANCIAL REPORT (July 1979) Town Council Minutes #507 August 15, 1979 Page 1 Moved: Vote: 4. LAND AND WATER CONSERVATION GRANT (Request for Approval of Application, Resolution) 5. ENCROACHMENT PERMIT REQUEST (Pac Tel undergrounding on Hilary Drive, recommend approval) 9. APPEAL OF B.A.R. REJECTION OF SINGLE FAMILY DWELLING AT 24 VENADO (Schmitt Co. appeal, applicant has requested a continuance to 11/7/79) Hanson, Seconded by Rockey Ayes: Hanson, Rockey, Edelstein, Bergsund, Bass Noes: none VII. PUBLIC HEARINGS 7. PRECISE PLAN - PAUL KAHN, PARADISE DRIVE (Resolution) Director of Community Development Hanna reviewed this application. The Master Plan was approved on October 18, 1978. The precise plan is in substantial conformance with the Master Plan. Councilman Rockey questioned about the easement dedication and resulting open space and trail area. MOTION: Moved: Vote: to approve the Resolution, No. 1057, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PRECISE PLAN FOR THE PAUL KAHN DEVELOPMENT OF THREE PARCELS LOCATED AT 4889 PARADISE DRIVE, AP #38- 091-27, with the added condition, "the final map shall reflect a building limit line on Parce 1 generally showing the location of the proposed residence. The remaining buildable area will be restricted to accessory building construction only. Rockey, Seconded by Hanson Ayes: Rockey, Hanson, Edelstein, Bergsund, Bass Noes: none 8. BOARD OD ADJUSTMENTS AND DESIGN REVIEW (Revisions to procedures, Ordinance, 1st Reading) Mayor Bergsund reviewed the proposed changes which have been discussed and reviewed by the Council, Planning Commission and Board of Adjustments. Approval by the Board will' not expire after two years; Staff may be able to approve minor additions, swimming pools, signs, and other exterior changes and then give written notification of approval to the Board; architectural approval will be noticed in a newspaper of general circulation and other minor changes were suggested at this meeting. The Town Attorney will incorporate these into the ordinance before final adoption. MOTION: Moved: Vote: Mayor Bergsund MOTION: Moved: Vote: VIII. BUSINESS to read by title only the Zoning Ordinance Amendment Revise Procedures of the Board of Adjustments and Design Review (Sections 11 and 20) Hanson, Seconded by Rockey Ayes: Hanson, Bergsund, Rockey, Edelstein, Bass Noes: none read by title. to approve the 1st reading of the ordinance amendment Edelstein, Seconded by Bass Ayes: Bass, Bergsund, Edelstein, Hanson, Rockey 10. SOUTHERN MARIN POLICE CONSOLIDATION REPORT (Staff comments and report discussion with Chairman Al Aramburu) Mayor Bergsund introduced former Tiburon Mayor Al Aramburu, Chairman of the Police Consolidation Committee, a Blue Ribbon Committee formed by Supervisor Rice for the purpose of investigating ways that Southern Marin Police Departments may consolidate services for the public. Mr. Aramburu reported that Tiburon is pivotal in this issue, as there are many similarities in levels of services with Mill Valley and that community is the most interested in some consolidation. Chief Bailey reported that he has begun discussions with Mill Valley Chief Walsh and they are considering a pilot program for consolidated police Town Council Minutes #507 August 15, 1979 Page 2 dispatching services. Council thanked Mr. Aramburu for his service on this commitee and further directed Staff to prepare a report on our level of services and ways that we can foster consolidation in the future. 11. PROPERTY DEVELOPMENT IMPACT FEE (Amendment to Ordinance, 1st Reading) Director of Community Development Hanna explained the amendments being proposed relating to the property development tax. Councilman Rockey questioned the validity and legality of this increase since the passage of Proposition 13 and when the courts would be handing down a decis~on. Town Attorney Conn stress his recommendation that this fee be collected in the same fashion as before and the excess monies collected be impounded in an escrow account until a decision has been reached. Councilman Edelstein suggested the increases be to $500 for a dwelling and to 75~ sq. ft. for commercial. Council directed the Town Attorney to prepare a resolution explaining the impounded funds. MOTION: to read by title only the proposed ordinance Moved: Hanson, Seconded by Rockey Vote: Ayes: Hanson, Bergsund, Bass, Rockey, Edelstein Noes: none Mayor Bergsund read by title, AN ORDINANCE OF THE TOWN OF TIBURON AMENDING CHAPTER 7B OF THE TIBURON TOWN CODE RELATING TO THE PROPERTY DEVELOPMENT TAX. MOTION: to approve 1st, reading of the above ordinance Moved: Rockey, Seconded by Hanson Vote: Ayes: Rockey, Hanson, Edelstein, Bass, Bergsund 3. GRANT OF EASEMENT (MMWD Right-of-Way, PT&T Application for Town to grant an easement) Superintendent of Public Works Brunini explained where the water main will be lomated. Both the Town Engineer and the Superinten- dent of Public Works recommended that the grant of easement be re-written to include that if future relocation of the MMWD lines within the easement is required by the Town, that this relocation should be done at PT&T expense. MOTION: Moved: Vote: to approve the recommmendation of the Staff, and direct the Town Attorney to revise this deed to include these recommendations. Hanson, Seconded by Bass Ayes: Hanson, Bass, Bergsund, Edelstein, Rockey Noes: none 1. POLICE REPORT (July 1979) Councilman Rockey questioned Chief Bailey about the number of policemen who are leaving the Tiburon force. There are several reasons, ranging from changing careers, cost of commuting from far away to better financial opportunities. IX. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS Town Manager Kleinert reported that the trail setting conference concerning the Heifetz case has been set for October 3rd. Lombard Parks and Recreation Director/reported that one of the P&R Commissioners has requested that the abandoned building at the corner of Tiburon Blvd and Mar West be secured by the Town for a Teen Center. Council decided against this request. Town Engineer Bala requested that Council define for precisely their desires regarding drainage for the Southern Pacific project. A long discussion followed. Town Council Minutes #507 August 15, 1979 Page 3 X. ADJOURNMENT There being no further business of the Council, Mayor Bergsund adjourned the meeting at 12:10 a.m., Thursday, August 16, 1979, sine die. I ) /tjl L' it. I) ~~{)L' / )/~i'/t t'QA:i /&1 v./ /l.,.. fL. 7G - " - ~ R. BERGSUND, YOR ATTEST: n Manager/Clerk Town Council Minutes #507 August 15, 1979 Page 4 CORRECTED TOWN COUNCIL TOWN OF TIBURON 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, September 5, 1979, in the Town Manager's office, Town Hall, Tiburon, California. I . ROLL CALL Present: Councilmen: Ex Officio: Bergsund, Edelstein, Bass, Rockey, Hanson, 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 personnel matters. REGULAR MEETING Mayor Bergsund reconvened the Town Council for the regular business meeting session at 8:40 p.m. in the Town Council Chambers, Room 9, Reed School, Tiburon, California. Ex Officio Present: Superintendent of Public Works Brunini, Town Engineer Bala, Police Chief Bailey, Deputy Town Treasurer Nadritch, Director of Community Development Hanna, Minute Clerk Kraft II. APPROVAL OF MINUTES #507 - III, line 1, insert "...Community Development" page 2, #7, last line, I add "exact location of building to be determined on lot one" page 2, #8, delete "architectural.......circulation" page 3, #11, add "Councilman Edelstein asked that there be an exception to single family dwellings in the in-fill areas". page 3, #IX correct "trail to trial" page 3, #IX, line 7, correct"for to more" MOTION: Moved: Vote: to approve Minutes #507 as corrected Rockey, Seconded by Hanson Ayes: Hanson, Rockey, Bergsund, Bass, Noes: none Absent: none Edelstein III. TOWN COUNCIL, COMMISSION, AND COMMITTEE ORAL REPORTS There were none at this time. IV. APPOINTMENTS TO COMMISSIONS, COMMITTEES AND BOARDS There were none at this time. V. PUBLIC QUESTIONS AND COMMENTS Mr. Sam Schneider, representing the Chamber of Commerce and the Downtown Merchants Association, requested that Council hold a special Town meeting regarding the proposed Southern Pacific development plan. The two organizations would advertise the meeting heavily in the ARK, and perhaps on radio and TV. Councilmen Bass and Edelstein felt that Council and the Planning Commission have already had and are planning to have many public meetings to review the proposed development. Councilman Rockey suggested that interested businessmen and residents focus carefully on the remaining number of scheduled meetings and attend as many as possible. Town Council Minutes #508 September 5, 1979 Page 1 VI. CONSENT CALENDAR Item #9 was added to the consent calendar. MOTION: to approve the Consent Calendar consisting of the following items: 1. TOWN COUNCIL POLICIES (Updating Town Council Policy Manual) 2. AUTHORIZATION FOR SIGNING TOWN WARRENTS AND OTHER INSTRUMENTS (Resolution, 1060) 3. ANNUAL COMMUNICATIONS MAINTENANCE AGREEMENT WITH COUNTY OF MARIN FOR POLICE DEPARTMENT AND PUBLIC WORKS (Approval of Agreement) 4. POLICE REPORT (August, 1979) 9. 1972 OPEN SPACE BONDS DEBT SERVICING (Approval of the 1979-80 Tax Rate) Moved: Hanson, Seconded by Rockey Vote: Ayes: Hanson, Rockey, Edelstein, Bergsund, Bass Noes: none Absent: none VII. PUBLIC HEARINGS 5. APPEAL OF B.A.R. DECISION - 6 Owlswood Road (A. Littman, appellant) Mayor Bergsund opened the public hearing. Director, of Community Development Hanna reviewed the proceedings thus far. Mr. Littman noted that the design encompasses more than the Town requires in its ordinance, that the height of the roof is within the limitations and lowering it would destroy the design of the house, as well as hinder the proposed solar heating. A neighbor living above the proposed home asked for clarification of her view obstruction, if any. Councilman Rockey said he didn't think lowering the roof would be a problem but conversely it may not accomplish diminishing the massiveness of the home; further, he thought the B.A.R. should have granted the application as it appears to fall within the ordinance. Councilman Hanson agreed, noting that lowering the roof would probably mean re-design of the house. Councilman Edelstein thought the B.A.R. acted thoughtfully and responsibly and lowering the roof would not be an undo hardship on the applicant. Councilman Bass agreed but w0uld uphold the appeal. Mayor Bergsund agreed. MOTION: Moved: Vote: to uphold the appeal of Mr. Littman, 6 Owlswood Road, regarding the Board of Adjustments and Review decision. Hanson, Seconded by Rockey Ayes: Hanson, Rockey, Bass, Bergsund Noes: Edelstein Absent: none VIII. BUSINESS At this time Mayor Bergsund called on a representative from the Alameda Fence Company regarding the installation of guard rails on Mar West. Galvanized steel rails were mistakenly installed instead of the rust ones ordered. Mr. Pickrel asked the Council to accept these as it would constitute a hardship for him to replace them. Superintendent of Public Works Brunini agreed that the galvanized steel guardrails are just as strong and this was acceptable to him. Town Engineer Bala agreed also. MOTION: Moved: Vote: that the Town Engineer negotiate with Alameda Fence Company for the payment of the guardrails, and that the fence company be responsible for painting the back side of the guardrails the rust color as originally ordered. Edelstein, Seconded by Rockey Ayes: Edelstein, Rockey, Bass, Bergsund, Hanson Noes: none Absent: none Town Council MInutes #508 September 5, 1979 Page 2 6. PROPERTY DEVELOPMENT IMPACT FEES (Ordinance Amendment, 2nd Reading) Director of Community Development Hanna reviewed the proposed amendments. Councilman Edelstein requested that a section be added which would allow the fees to be changed by resolution, and asked again that an exemption be added for single family residences in the in-fill area. Deputy Town Attorney Ragghinati agreed that this could be done. MOTION: Moved: Vote: to continue this item until the Edelstein, Seconded by Hanson Ayes: Edelstein, Hanson, Bass, Noes: none Absent: none next meeting. Bergsund, Rockey 7. BOARD OF ADJUSTMENTS AND DESIGN REVIEW (Revisions to Board POlicies and Procedures, Ordinance, 2nd Reading) Director of Community Development Hanna reviewed the changes proposed. Mayor Bergsund noted that she thought these were complete at this time, however Councilman Hanson asked for clarification and thought there were a few lingering problems. This item was continued for further thought and revisions. 8. SOUTHERN MARIN REPORT ON CONSOLIDATED POLICE SERVICES (Comments by Chief of Police and Discussion of Mill Valley/ Tiburon pilot program) Chief Bailey reported that he is continuing in discussions with Mill Valley Chief Walsh regarding consolidation of dispatching services. Councilman Rockey asked if it would be difficult to train the Mill Valley dispatchers regarding the layout of Tiburon roads, etc. Chief Bailey is encouraged that this project, while taking time and work to achieve, is worthwhile trying. He did note, however, that unless there is a real cost savings, it may not be feasible. Councilman Rockey expressed encouragement by Chief Bailey's report and advocated we pursue this, he would like to see this plan as a first step and wants criteria established so that we can determine if it is successful or not. Council agreed that it would be best to begin this pilot program after the Police Department has moved into their new headquarters. MOTION: Moved: Vote: to begin steps to implement a consolidated dispatching service with the Mill Valley police department and to establish criteria for further determining the success of this program. Rockey, Seconded by Hanson Ayes: Rockey, Hanson, Edelstein, Bass, Bergsund 10. ANNUAL MASTER SALARY PROGRAM (Approval of 1979-80 Employee Salary Schedules) Town Manager reviewed and recommended approval of the master salary program for Town employees. MOTION: Moved: Vote: to approve Resolution #1059, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING THE ANNUAL SALARY PROGRAM FOR THE TOWN OF TIBURON FOR FISCAL YEAR 1979-80 WITHIN THE FRAMEWORK OF THE PERSONNEL SYSTEM. Bass, Seconded by Rockey Ayes: Bergsund, Rockey, Bass, Hanson, Edelstein Noes: none Absent: none IX. STAFF IX. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS 11. HOLIDAY TOURS DOWNTOWN FESTIVITY SCHEDULED FOR TUESDAY, SEPTEMBER 11, 1979. Town Manager Kleinert reminded Council of the Holiday Tours event in Tiburon on September 11th. Police Chief Bailey complimented Holiday Tours on the cooperative way they have handled this event. Council asked that we obtain an guarantee of a clean-up afterwards. Town Council MInutes #508 September 5, 1979 Page 3 It was agreed to have review of the proposed Southern Pacific downtown plan the only item on the September 19th regular meeting and then to adjourn to Monday, September 24th. X. ADJOURNMENT There being no further business of the Council, Mayor Bergsund adjourned the meeting at 11:35 p.m., Wednesday, September 5, 1979, sine die. t.,.~, BJJz ATTEST: Town Council Minutes #508 September 5, 1979 Page 4 MINUTES TOWN COUNCIL The regular meeting of the Tiburon Town Council was called to order by Mayor Bergsund at 8:15 p.m., Wednesday, September 19, 1979, in the Council Chambers, Room 9, Reed School, Tiburon, California. PRESENT: COUNCILMEN: EX OFFICIO: Bergsund, Bass, Rockey, Hanson, Edelstein Town Manager Kleinert, Director of Community Development Hanna, Police Chief Bailey, Town Engineer Bala, Superintendent of Public Works Brunini, Minute Clerk Kraft Mayor Bergsund explained that the only agenda item for this meeting was a review of the Planning Commission's suggestions regarding the proposed Southern Pacific Downtown development plan, and that Council would be making suggestions to Southern Pacific before submittal of their final Master Plan. Director of Community Development Hanna clarified that the Planning Commission's deliberations resulted in recommendations for items Southern Pacific should consider for inclusion in the Master Plan. The recommendations were written in the form of suggested conditions only because of the necessity of speed of processing and because that form was familiar to the Planning Commission and Staff. Mayor Bergsund opened the public hearing. Art Gimmy, Planning Commissioner, reported that he had met with representatives of the business community and wished to suggest four further concerns regarding the proposed development. They were, additional parking spaces to be provided, as well as adequate parking provided during construction, with a temporary roadway for construction vehicles being requested; public restrooms should be included in the plan; and a reiteration that the commercial part of the plan contain resident-serving businesses and not traffic producing tourist oriented businesses. Mayor Bergsund reported that a letter had been received from the Reed Union School District urging that the housing be suitable for families with small children. Also, a letter had been received from the Chamber of Commerce requesting more time before the plan was approved and finally, a letter had been received from Mayor Rafter of Belvedere, expressing some of Belvedere's concerns, primarily regarding additional traffic impacts resulting from the development plan. Using as a reference and guide the General Conditions suggested by the Planning Commission for the plan, Council proceeded to go over these suggestions individually. Council agreed with suggestion #1, p.l, that prior to issuance of a grading or building permit, a Precise Plan be submitted and approved for the entire proposed development as specified in Section 10-10 of the Tiburon Zoning Ordinance. Council agreed with suggestion #2, p.l, that prior to issuance of a grading or building permit, a tentative and final Subdivision Map for the entire area covered by the Master Plan be submitted and approved, in accordance with the requirements of the Town Engineer. Town Engineer Bala noted that State law requires that the Council also give approval. Council agreed with suggestion #3, p.l, that each of the buildings in the proposed development be subject to Site Plan and Architectural approval in accordance with Section 11-1 of the Tiburon Zoning Ordinance. Council agreed with suggestion #4, p.l, that each of the streets conform to Town standards; be subject to design review and approval by the Board of Adjustments and Review; be subject to design and engineering approval by the Town Engineer. Council agreed with suggestion #5, p.l, that all proposed or existing utilities within the boundaries of the Southern Pacific development be placed underground with connections to existing overhead lines at appropriate locations. TOwn Council Minutes #509 September 19, 1979 Page 1 Council agreed with suggestion #6, p.l, that the design, landscaping and irrigation of all open space be done in consultation with and approved by the Parks and Recreation Commission as well as approved by the Board of Adjustments and Review. Council agreed with suggestion #7, p.l, that the lagoon be approved only after more technical data and detailed studies of drainage, hydrology and geology be done to the satisfaction of the Town Engineer. Council agreed that this scrutiny be applied to the entire project. Under the Section, STREETS, Council agreed with suggestion #1, p.3, that Southern Pacific should consider constructing one street connecting Man West at the intersection of Esperanza. Council agreed with suggestion #2, p.3, that Southern Pacific shall realign Paradise Drive between Main Street and Mar West Avenue, moving it further inland to leave an open space park, the exact location of which shall be specified by the Town at a future date and the construction to be to the satisfaction of the Town. Council agreed with suggestion #3, p.3, that Southern Pacific improve Mar West Avenue and Tiburon Blvd, where it borders Southern Pacific's property to the satisfaction of the Town as specified in Title IV, Chapter 13 of the Town Municipal Code. At the request of Councilman Edelstein, suggestion #4, p.3, within the Southern Pacific properties, the existing bus stop on the north side of Tiburon Boulevard opposite the Main Street intersection be extended and improved. The existing bus shelter should be either retained, relocated or rebuilt. The existing intersection of Main Street and Tiburon Blvd. be modified to a Tee intersection and to provide a paved plaza at the head of the existing Ferry dock. Where appropriate and necessary, existing islands and the like shall be removed and/or modified. All should be done in accordance with Town approvals; that Southern Pacific construct two turnarounds on Paradise Drive, one close to the intersection of Main Street and one at the intersection of Mar West, the location and design of each to the satisfaction of the Town. The turnaround near the intersection of Main Street be provided with drop-off/pick-up zones for automobile and buses, landscaped islands, cross walks, and adjacent short-term public parking. The turnaround at the interesection of Mar West shall be provided with traffic islands, crosswalks, and adjacent public parking designed to accommodate possible future underground sanitary holding which may be required by sanitary districts. Council agreed with suggestion #5, p.4, that all new streets, including those intended to serve only the residents of the development, be constructed to Town standards. Council agreed with suggestion #6, p.4, that all new streets have sidewalks to Town standards on at least one side, unless specifically approved otherwise by the Planning Commission. Council agreed with #7, p.4, that Southern Pacific extend and improve the existing bus stop on the North side of Tiburon Blvd. near Main Street, with the approval of the Planning Commission. Council agreed with suggestion #8, p.4, that Southern Pacific should consider offering for dedication all streets to the Town. Alternatively, the Town Council may approve ownership and maintenance agreement by a homeowner association for a portion of the streets. In no event, however, ~hould Town Police enforcement of parking or moving violations be precluded, nor any roadway be closed off or otherwise restricted to the public. The Council discussed the possibility of establishing a fund for roadway improvements including modifications to the Trestle Glen inter- section if it became necessary in the future. It was suggested that Southern Pacific could offer a "pro rata" share of the improvements based on the proportion of traffic the development would generate in relation to the future buildout of other vacant areas in the Town. The Town would then have the financial capability of making improvements that were the result of increased traffic generated by future projects. Also discussed were Councilman Edelstein's suggestions concerning the possibility of reducing the total allowable area and mix of uses in the project if a traffic service level of "D" or below occurs as a result of the development. The intent was to insure that the Town would not have to bear an unacceptable traffic situation which cannot be foreseen at this time. Council agreed with suggestion #11, p.4, that Southern Pacific construct a paved foot and bicycle path through the development, in a location and design approved by the Town, from the intersection of Mar West/ Town Council Minutes #509 September 19, 1979 Page 2 Tiburon Boulevard to the intersection of Mar West/Paradise Drive with appropriate branches and connections to Main Street, Beach Road, the lagoon, and Esperanza Street. New roadways and side-walks provided within the project site could be used for portions of these paths where appropriate, but, in general, the paths shall be located and constructed in as natural a manner as possible. Additionally, Council suggested that a connector be built to Racoon Lane. Under the Section, PARKING, Council agreed with suggestion #1, p.5, that Southern Pacific shall construct fully improved and landscaped parking spaces, the total number of which will be determined by adding the minimum number of parking spaces stipulated by the Zoning Ordinance on a unit and/or square foot basis plus additional public parking within the development site, both off-street and on-street. Councilman Hanson suggested that Southern Pacific use as a guide the Planning Commission's recommendation that 100 to 150 additional parking spaces be provided, but did not want to specify an exact number. Council agreed with suggestion #2, p.5, that Southern Pacific construct, as part of its public parking requirement above, fully improved and landscaped parking spaces, the exact location, design and number of which shall be decided by the Town, at a future date, generally in but not necessarily limited to the following areas: (a) the ferry turnaround, which would be a short-term waiting (pick up and drop off) area between 6:00 a.m. and 8:00 p.m.; (b) the Mar West/Paradise turnaround; (c) the Donahue Building. Council discussed the suggestion #4, p.5, that Southern Pacific designate an area in its development which could accommodate parking for up to a maximum of fifty (50) cars on which the Town may unilaterally require the construction of any number of parking spaces up to the maximum in the event that post development experience demonstrates the need for additional parking. It was mentioned that the area near Mar West coulc be used and that it could serve as the overflow area during the dry months when use of the open area would be at its highest. Council discussed suggestion #5, p.5, that Southern Pacific attempt to provide parking/waiting spaces for tour buses in unobtrusive, off- street locations; Council directed the Town Attorney to determine if it would be legal to prohibit tour buses downtown. Another suggestion was that buses be required to drop off passengers and park other than in downtown until the passengers were ready to board. Council agreed with suggestion #6, p.5, that Southern Pacific provide lockable park- ing stands for bicycles and motorcycles in locations convenient and usable to the public, as approved by the Town. Council agreed with suggestion #7, p.5, that parking areas be well landscaped, and, where appropriate, screened or covered.Councilman Rockey further suggested that street lighting (non-glare) be included in this suggestion. Council agreed with suggestions p.6, that no parking space or spaces be closed off by chains, gates, locked enclosures, or other barriers of any kind, except where fee lot is approved by the Town. Regarding DRAINAGE/HYDROLOGY, Council suggested that Southern Pacific construct a drainage system that diverts all surface drainage water to satisfy a 100 year storm criteria entering the project site from higher elevations to Racoon Straits, except for that portion which can be taken by the existing 18 inch pipe to Belvedere Lagoon and that portion which is designed to be retained in the marsh area. Further, that Southern Pacific consider providing the necessary marsh dredging, holding basins and/or flood plains, siltation and debris traps, and other methods of marsh restora~ion and preservation to the satisfaction of the Town Engineer and in accordance with Town approvals. Where combined efforts are necessary or desirable, Southern Pacific should cooperate fully with adjacent property owners, the Marsh Committee and the Town in order to achieve the overall goals of flood control and marsh preservation. Also, the proposed lagoon be constructed and maintained so as to prevent significant interference to sub-surface drainage. And, that public access to the edge of the lagoon be provided at locations, as designated by the Town. It was also noted that if advisable or necessary to enable the applicant to meet the condition the Town may form a special Flood Control, Open Space, Recreation and Marsh Management Property Tax Subdistrict, encompassing the major properties contributing to or affected by the lack of an adequate flood and drainage control system for the Town. The Town Council also concurred with the other suggestions of the Planning Commission concerning the bonding to insure the visual attractiveness of the lagoons and CC&R requirements to allow the Town Town Council Minutes #509 September 19, 1979 Page 3 to maintain certain water quality standards. It was also noted that the living area of the buildings should comply with flood control requirements. In discussing HOUSING the Town Council concurred with the provision for 20% of the housing units to be for elderly and/or moderate income persons. The Town Council also concurred with the suggestions of the Planning Commission regarding the architectural character and particularly the consideration to be taken with the blocking of views by the project. Regarding the construction activity, the suggestions of the Planning Commission of limiting the hours of construction and insuring that low-noise equipment is used were accepted. The Town Council also believed that access for the construction equipment and vehicles be limited, in that construction equipment not be unreasonably stockpiled for the project. The Council also suggested that Southern Pacific give reasonable notice and coordinate any service interruptions with downtown merchants and any others that may be affected. Concerning the PARKS AND OPEN SPACE provisions, the suggestions of the Planning Commission concerning the waterfront park and the Peter Donahue building were accepted. The Council h&ped that the Donahue building would not be limited strictly to a museum but to other uses that could be reasonably expected by the public. The Town Council also concurred with the suggestions of landscaping, irrigation and maintenance of the open areas. The Town Council then discussed the question of the DENSITY for the proj~ct. It was noted that it was suggested that Southern Pacific would not develop one acre of land on the northwest side of Mar West avenue, but rather transfer the density that could be constructed in that area to the existing project area. In general the Town Coucil felt the density transfer may be appropriate, however, the 'suggested 20,000 square feet of additional density may impact on the traffic and could also make it more difficult to reduce the massing and building area. As a result of the discussion Councilman Edlestein moved that the Town Council set the density for the project at 6,700 sq. ft. per acre subject to the safeguards suggested in the Planning Commission's recommendations. The motion was seconded by Councilman Rockey. After discussion the motion was withdrawn. The time frame for the project was discussed and Councilman Edelstein suggested an extension to insure adequate consideration of the plan. Mr. Finsterbusch, representing the Southern Pacific Land Company, agreed to an extension of time although he felt that a decision on the Master Plan should be made in the near future. The meeting was adjourned to Monday, September 24, 1979. The Town Council and Planning Commission will review the new submittal from Southern Pacific on Monday, October 1, 1979. Mayor Bergsund adjourned the meeting at 2:45 a.m., Thursday,September 20,1979. , ,//} r}A/lt '/2 l1~fJ{{ /2/<, Joan R. Bergsund, Mayor ATTEST: Town Council Minutes #509 September 19, 1979 Page 4 for low and or moderate income housing. Mayor Bergsund said she thought the Council should decide whether it wants owner occupied housing, rentals, elderly, large, small, low or moderate income. Councilman Edelstein agreed that the Housing Authority should meet with Southern Pacific so that SP can learn what is feasible regarding financing. Councilman Rockey asked Mr. Blood-Bornholdt what he saw as the greatest need in housing in Southern Marin. Mr. Blood- Bornholdt said it is for large family units. Mr. Blood-Bornholdt concluded by reporting that Home Federal Savings, Citizens Savings, Wells Fargo, Bank of Marin and Fidelity Savings are all interested in the financing for the Tiburon School conversion project. V. CONSENT CALENDAR MOTION: Moved: Vote: VI. BUSINESS to approve the Consent Calendar consisting of the following items: 1. FINANCE REPORT (August, 1979) 2. AWARD OF CONTRACT, STREET OVERLAY (Seafirth and Lyford Drive) 3. TRAFFIC SAFETY COMMITTEE REPORT (September, 1979) 4. TIBURON SCHOOL CONVERSION (Letter of intent to HUD regarding trans- portation for Seniors) 5. ANNUAL TIBURON TRIATHALON (Special Event Application) Rockey, Seconded by Bass Ayes: Hanson, Bass, Edelstein, Rockey, Bergsund Noes: none Absent: none 6. PROPERTY DEVELOPMENT IMPACT FEE (Ordinance Amendment, 2nd Reading) Mayor Bergsund reviewed the changes being proposed in the ordinance. MOTION: to read by title only Moved: Edelstein, Seconded by Bass Vote: Ayes: Bass, Bergsund, Rockey, Hanson, Edelstein Noes: none Absent: none Mayor Bergsund read, AN ORDINANCE OF THE TOWN OF TIBURON AMENDING PORTIONS OF CHAPTER 7B OF THE TIBURON MUNICIPAL CODE MOTION: to adopt Ordinance No. 216, as read Moved: Hanson, Seconded by Rockey Vote: Ayes: Hanson, Rockey, Bergsund, Bass, Edelstein Noes: none Absent: none MOTION: Moved: Vote: to adopt Resolution No. 1063, A RESOLUTION OF THE TOWN OF TIBURON DIRECTING IMPOUND OF CERTAIN FUNDS Bass, Seconded by Rockey Ayes: Bass, Rockey, Hanson, Bergsund, Edelstein Noes: none Absent: none 7. BOARD OF ADJUSTMENTS AND REVIEW (Revisions to Board Policies and Procedures, Ordinance, 2nd Reading) Mayor Bergsund reviewed this item and Director of Community Development Hanna specifically reviewed the changes. MOTION: to read by title only Moved: Bass, Seconded by Hanson Vote: Ayes: Bass, Hanson, Edelstein, Rockey, Bergsund Mayor Bergsund read, AN ORDINANCE OF THE TOWN OF TIBURON AMENDING SECTION 11 OF THE ZONING ORDINANCE PERTAINING TO DESIGN REVIEW MOTION: To adopt Ordinance No. 217, as read Moved: Hanson, Seconded by Bass Vote: Ayes: Bass, Hanson, Rockey, Edelstein, Bergsund Noes: none Absent: none Town Council Minutes #510 September 24, 1979 Page 2 Moved: Vote: to approve the negative declaration to the amendments to Board of Adjustments and Review ordinance Bass, Seconded by Hanson Ayes: Bass, Hanson, Edelstein, Rockey, Bergsund Noes: none Absent: none MOTION: 8. SALARY ADJUSTMENT (Town Manager, Resolution) Moved: Vote: to approve Resolution No. 1064, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON FIXING THE SALARY OF THE TOWN MANAGER FOR THE FISCAL YEAR, 1979-80 Hanson, Seconded by Rockey Ayes: Hanson, Edelstein, Rockey, Bass, Bergsund Noes: none Absent: none MOTION: VII. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS Town Manager Kleinert reported that the law states that we can only ask for one extension of up to 90 days in regard to the Southern Pacific development process for approval or denial of the project. Council directed Staff to ask SP for a 90 day extension. Town Manager Kleinert announced that the next meeting will be on October 1st, a joint meeting of the Planning Commission and the Town Council, when Southern Pacific will present their revised plan. VIII. ADJOURNMENT There being no further business of the Council, Mayor Bergsund adjourned the meeting at 9:55 p.m., Monday, September 24, 1979, sine die. ATTEI!II~ R. L. KLEINERT, TOWN MANAGER/CLERK Town Council Minutes #510 September 24, 1979 Page 3 CORRECTED TnFTN C(':UNCIL MINUTES CALL TO ORDER The regular meeting of the Town Council of the Town OT Tiburon was called to order by Mayor Bergsund at 8:05 p.m., ~ednesday, October 3, 1979, in the Council Chambers, Room 9, Reed School, Tiburon, California. I . ROLL CALL PRESENT: COUNCILMEN: EX OFFICIO: Bergsund, Bass, Rockey, Edelstein Town Manager Kleinert, Police Chief Bailey, Superintendent of Public Works Brunini, Director ofl Community Development Hann~, Deputy Town Engi,ne~~ ~trangaard HansGn ABSENT: COUNCILMAN: II. PUBLIC HEARINGS 1. FINAL DISPOSITION OF SOUTHERN PACIFIC MASTER PLAN This item was continued to the meeting of Tuesday, October 23, 1979. III. BUSINESS 2. TIME EXTENSION FOR SOUTHERN PACIFIC DOWNT0vill PLAn APPLICATION PROCESS AND REVIEW The Town Manager submitte~ 'n agreement for a 90-da~7 extension of time between the Town of Tiburon and Southern Pacific Development Company in regard to processing and -review of the Southern Pacific Downtown Plan application. The agreement had already been signed by the Southern Pacific Development Company. MOTION: Moved: Vote: to approve the agreement as submitted and authorize the Mayor to execute said agreement. Rockey, Seconded by Bass Ayes: Rockey, Bass, Bergsund, Edelstein Noes: none Absent: Hanson 3. MULTI-USE PATH, STAGE III The Town Engineer had received a Metropolitan Transit Commission funding allocation of $32,920 for the Town to proceed with Stage III of the Multi-Use path, and requested Council authorization to proceed with preparation of the plans and implementation. Staff requested Council to consider utilization of other material than the red-rock gravel for the jogging path portion of the path. Council requested this matter be referred to the Parks and Recreation Commission for their re-consideration and to advise the Town Engineer accordingly of their recommendations. Council authorized the Town Engineer to proceed with the plans and specifi- cations for Stage III of the Multi-Use Path implementation. Council also urged the Town Engineer to include the Richardson Bay shoreline steps installation along with the Multi-Use path improvements. 4. LA CRESTA ANNEXATION AGREEMENT Director of Community Development Hanna briefly outlined the proposed La Cresta Development located outside the Town of Tiburon limits in the vicinity of Ti,buron Hills, adjacent to Ring Mountain. Because of an interest by the property owner to annex to the Town of Tiburon and because of previous concerns expressed by the Town concerning Master Plan review prior to consideration of annexation, the property owner is proposing an~agreement between the Town, the County of Marin, and the Property Owner. This agreement essentially provides for a process of pre-zoning and Master Plan application through the Town of Tiburon, prior to a request for annexation. The County would be a part of the Town's review process for the Master Plan and pre-zoning, but would not take official action on the Plan until annexation is before LAFCO. Town Council Minutes #511 Octobem 3,1979 Page 1 MOTION: Moved: Vote: to support in concept the provisions of the proposed agreement, subject to review and approval by the Town Attorney Rockey, Seconded by Bass Ayes: Rockey, Bass, Bergsund, Edelstein Noes: none Absent: Hanson 5. REVIEW OF BIDS AND AWARD OF CONTRACT - POLICE DEPARTMENT BUILDING Town Manager Kleinert stated that two bids were received by the Town in regard to the re-modelling and rennovation of Hilarita Buildine No. 2 for the police department relocation. The two bids were from NICO Construction ($100,978) and Herrero Brothers Construction ($101,500). There were the base bids and were accompanied by certain additional alternative bids by each Company. Deputy Town Engineer Jesper Strangaard reviewed the contractor's bid proposals, the various alternative bids and possible contract change orders for changes in work or materials. Moved: Vote: to award the contract to the low bidder, NICO and to request Staff to proceed with limited changes in the scope of work to reduce the overall project costs; and Direct Staff to pursue those alternative improve- ments in addition to the base bid relating to the building extensions of both the Police Department and Town Hall buildings. Bass, Seconded by Rockey Ayes: Bass, Bergsund, Rockey, Edelstein Noes: none Absent: Hanson MOTION: 6. TRESTLE GLEN/TIBURON BOULEVARD INTERSECTION The Town Manager advised the Council that Mayor Bergsund, Town Engineer Bala and consultants from Alan M. Vorhees, traffic engineers, as well as himself would be attending a meeting on Friday, October 5, 1979, in Sacramento to review proposed Trestle Glen/Tiburon Boulevard intersection traffic improvements. 7. MARSH COMMITTEE FUNDING Mayor Bergsund stated the Marsh Committee had contacted her concerning a Town subsidy to assist the fund drive to study possible improvements for preservation of the Downtown Marsh area. These funds would be used in addition to funds being collected by the Marsh Committee from the community. Council agreed to defer specific action on this request until more information is available to the Town concerning the actual Marsh Preservation plans and final disposition of the Southern Pacific Master PIan. 8. MEETING WITH THE CITY OF BELVEDERE Mayor Bergsund stated that representatives of the Belvedere City Council would like to meet with members of the Tiburon Town Council to discuss the Southern Pacific application and related parking impacts in the downtown area. IV. ADJOURNMENT There being no further business of the Council, Mayor Bergsund adjourned the meeting at 10:25 p.m., Wednesday, October 3, 1979, sine die. ATTEST: GER/CLERK Town Council Minutes #511 October 3, 1979 ?Clr"e 2 CORRECTED TOWN COUNCIL MINUTES CALL TO ORDER The adjourned meeting of the Town Council of the Town of Tiburon was called to order by Mayor Bergsund at 8:15 p.m., Monday, September 24, 1979 in the Council Chambers, Room 9, Reed School, Tiburon, California. I. ROLL CALL Present: Councilmen: Bergsund, Bass, Rockey, Hanson Edelstein (arrived at 8:35 p.m.) Ex Officio: Town Manager Kleinert, Director of Community Development Hanna, Police Chief Bailey, Town Attorney Conn, Town Engineer Bala, Superintendent of Public Works Brunini, Minute Clerk Kraft II. APPROVAL OF MINUTES MOTION: Moved: Vote: to approve Minutes #508, September 5, 1979, as submitted. Rockey, Seconded by Hanson Ayes: Hanson, Bass, Bergsund, Rockey Noes: none Absent: Edelstein III. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS Mayor Bergsund reminded Council of the Mayors and Councilmen dinner meeting in Sausalito on Wednesday, September 26th. Mayor Bergsund invited all present to Ayala Day on Saturday, September 29th. MOTION: to draft a resolution challenging Belvedere to a volleyball game at the Ayala Day celebration. Moved: Bass, Seconded by Rockey Vote: Ayes: Bass, Bergsund, Rockey, Hanson, Edelstein Noes: none Absent: none Mayor Bergsund reported that the evening when Holiday Tours was present in Tiburon was a success; Chief Bailey concurred. Town Manager Kleinert announced that former Mayor Al Aramburu will be a guest at the Mayors and Councilmen dinner in Sausalito. Town Manager Kleinert introduced Les Gross, Councilman from Carmel and former employee of Tiburon. Mr. Gross discussed the similar problems that face both Tiburon and Carmel with special emphasis on the aspects of tourism. He noted that Carmel has an ordinance restricting tour buses from the Town. Council asked for copies of this ordinance. Councilman Hanson reported that he has met with Belvedere Mayor Bill Rafter regarding the proposed Southern Pacific development plan and has offered to meet with other Belvedere Councilmen if they wish. IV. PUBLIC QUESTIONS AND COMMENTS A. Marin County Housing Authority (Janet Miller and Dick Blood- Bornholdt, regarding Low/Moderate Income Housing Development) Mayor Bergsund introduced Dick Blood-Bornholdt who briefly outlined various ways of financing low and moderate income housing for the community. He reported that many Marin communities are now putting inclusionary zoning into their ordinances, so that this type of housing is required as a condition of approval to a developer. This inclusionary zoning also applies to condominium conversion in most instances. Councilman Rockey suggested that representatives of the Housing Authority and the Southern Pacific meet to discuss possibilities Town Council Minutes #510 September 24, 1979 Page 1 CORRECTED TCWN COUNCIL CALL TO ORDER The regular meeting of the Town Cormcil of the Town of Tiburon was called to order by Mayor Bergsund at 8: 10 PM, Wedensday, October 17, 1979, in the Council Chambers, Roan 9, Reed School, Tiburon, California. I. ROLL CALL PRESENT: COUNCIIMEN: EX-OFFICIO: Bergsund, Bass, Rockey Town Manager Kleinert, Deputy Town Attorney Ragghianti, Director of Ccmnuni ty Development Hanna, Town Engineer Bala, Superintendent of Public Works Brunini, Chief of Police Bailey ABSENT: COUNCIIMEN : Hanson, Edelstein II. APPROVAL OF MINU'IES MOTION: MJVED: VOI'E : to approve minutes #510, Septanber 24, 1979 as submitted Rockey, Seconded by Bass Ayes: Rockey, Bass, Bergsund Noes: None Absent: Hanson, Edelstein #511 - III, Item #4, line 7, delete "annexation:, to read "annexation the property owner is proposing an agreement.... . " . IDrION : MOVED: VarE : to approve minutes #511, October 3, 1979 as corrected Rockey, Seconded by Bass Ayes: Bass, Rockey, Bergsund Noes: None Absent: Hanson, Edelstein III. APPOINTMENTS TO Ca1MISSIONS, COMMITrEES AND BOARDS There were none. Mayor Bergsrmd stated that hopefully by the first meeting in November bMJ appointments will be made to the Fine Arts Carmission. IV. TCJVN COUNCIL, CCMMISSION AND Ca.1MI'ITEE ORAL REPORTS A. SMSAA (Discussion of future Wastewater Management) Elva Edger! briefly explained the plan to bring the areas sewerage system up to Federal and State Standards. She re:[X)rted that phase one of the Environmental plan has been accepted and phase ~ is starting. There is a strict time schedule and SMASM would like input and assurance fran Tiburon that the pipe line can be done. Mr. Shulte, Executive Director of SMSAA, explained the pipe 'WOuld be a 30" pipe running fran Mill Valley through Blackie's Pasture, under the bike path discharging the treated sewerage at Racoon Straights. He explained the pipe could be put down ~ ways, either all at once or a segement at a time. After asked by Council how long the bike path would be disrupted he explained if done all at once, approximately 5-6 Ironths; if done in segements, longeE. If SMASAA was allowed to put the pipe under the bike path they could strajhten it. Town Engineer Bala suggested the pipe be laid along the beach because the ground under the bike path was unstable. Mr. Haines fran Sanitary District #5 said they are working with SMSAA and are on the same time schedule. Mr. Shutle stated SMSAA meets the third Thursday of each month and would like to hear fran the Town of Tiburon by the next meeting one month away. Council asked that this matter be put on the Parks and Recreation Agenda for their response. B. HAMILTON FIELD PROPOSED USES Mr. Al Aramburu, explained the proposed uses for Hamilton Air Force Base. He explained the differences between Measure F and Measure G, being that F would rna.ke Hamilton Field become a restricted general aviation airport controlled by the County of Marin and the Board of Supervisors with areas of the Base used for ccmnercial developnent and housing. Only aircraft capable of carrying 20 passengers or less would be able to use the airport. F would also allow for the developnent solar and alternative energy research. G 'iNOuld make Hamilton Field a general airport controlled by the Board of Supervisors with services necessary to support aircraft and passenger service. There is both econanic and enviroI1llental disvantages wi ththese measures. The airports cost money to run and maintain and will cause air and noise pollution. Town Council Minutes # 512 October 17, 1979 Page 1 VI. CCNSENT CALENDAR MJTION: to approve the consent calendar consistirg of the following i tans: 1. CLAIM FOR PERSONAL INJURY (D.P. Mahabir, recarmend denial) 2. CIAIM AGlUNST 'IrnN (H. E. Rice, recarmend denial) 3. POLICE REPORT (September 1979 C. 4. TRAFFIC SAFETY CCM-IT'ITEE REPORT (September 1979) 5. FINANCE REPORT (September 1979) 6. MIRAFLORES ASSESSMENT DISTRIcr (Agreement with VIACCM, Resolution; Grant of easement to Richardson Bay Sanitary District, Resolution) 7. ENCROAOIMENT PERMITS (Recarmend approval) A. Corinthian Yacht Club B. Multi-Use Path MOVED: Rockey, Seconded by Bass VOI'E: Ayes: Rockey, Bass, Bergsund Noes: None Absent: Hanson, Edelstein VII. PUBLIC HEARINGS 8. SOUI'HERN PACIFIC JJCWN'l.'CWN MASTER PlAN This item was continued until Tuesday, October 23,1979) 9. SCOPr-McCALL REAL ESTATE OFFICE, 10 Main Street (Master Plan, Ordinance, 1st reading) Director of Carmuni ty Developnent Hanna breif 1 y explained the proposed . application to establish a real estate brokerage and title canpany in the building previously occupied by Coast Federal Savin:Js. The applicant has secured 10 parking spaces in the Metro lot. Cormcil suggested the applicant try to secure parking in Mr. Zelinsky I s lot, because there is the possibility the Metro lot will be closed due to the proposed Southern Pacific Plan. Cormcil discussed if the applicant lost their parking in the Metro Lot, the Town could revoke their Use Permit if alternative parking was not. found. Mr. John Andersen of Scott-Mct:all stated he does not feel that Mr. Zelinsky v.ould grant them parkinJ in his lot, but v.ould be willing to discuss this matter wi th him. Mr. Earl Shuttlev.orth, President of Scott-McCall, explained that if there was any parking in Fred's lot, Scott-Mct:all would make every effort to obtain it. Deputy Town Attorney Ragghianti asked Mr. Shuttleworth if he understood the, fact if they lost their parking in the Metro lot the Town could revoke his Use Permit. Mr. Shilt.tlev.orth stated he did and Scott-McCall is willing to take tha t chance. MJI'ION: to read Ordinance by title only MOVED: Rockey, Seconded by Bass VOI'E: Ayes: Bass, Rockey, Bergsrmd Noes: None Absent: Hanson, Edelstein M~ut"\r Berasund read, AN ORDINANCE OF THE TCWN OF TIBURON APPROVING THE MASTER MarION: To approve first reading ESTATE BROKERAGE AND TITLE Ca.1PANY AT MOVED: Bass, Seconded by Rockey VOI'E: AYES: Bass, Rockey, Bergsund NOES: None ABSENT: Hanson, Edelstein ------:;1--..--- - Lsing of option to purchase property, certificate :0 execute grant deed, and consideration ;ing Authority's non-profit corporation) Town Manager Kleinert explained the funding for property acqusi tion has been obtained fran Ccmnunity Developnent Block grant funds allocated to the Town of Tiburon and through a loan arrangement of Block Grant funds orginally assigned to a Novato project. The School Board will exercise the option agreement at their October 23rd meeting. The Housing Authority requests tba t the property be assigned to a non- profit corporation under their auspices to allow for a better financinj package. He then introduced Mr. Don Ward. Mr. Ward explained only the resolution exercisirg option of purchase and accepting deed to the property fran the Reed Union School District needed to be exercised at this time. The Board of Directors of the non-profit corporation need to meet to discuss the assignment of the property to them. They will meet October 18, 1979 at 4:~ PM, and the Town of Tiburon will be notified of their action. Councilman Rockey suggested someone fran Cormcil should attend the meetirg. MarION: to adopt Resolution #1067, A RESOLUTION OF THE TCWN OF TIBURON EXERCISING OPTION TO PURCHASE REAL PROPERlY, and adopt Resolution #1068, A RESOIDrION OF THE 'JXl'JN Ca:JNCIL OF THE 'IrnN OF TIBUORN ACCEPrING DEED TO REAL PROPERlY FRCM REED UNION SCHOOL DISTRICT MOVED: Rockey, Seconded by Bass Town Council Minutes # 512 October 17, 1979 Page 2 VarE: Ayes: Bass, Rockey, Bergsund Noes: None Absent: Hanson, Edelstein 11. CCXJNTY ANIMAL CrnTROL CODE (Adoption by Reference the Marin County Code- introducation of Ordinance and setting of Public HearinJ ) Town Manager Kleinert explained the Town of Tiburon and other Marin Cities entered into a Joint Powers Agreement with the Connty of Marin regarding unifonn animal control services. Each City and Town has the option to adopt the County Ordinance by reference or enact amendments to its own ordinance identical to the amendments to the County's Animal Control Ordinance. MarION: MOVED: VarE : to read ordinance by title only Bass, Seconded by Rockey Ayes: Bass, Rockey, Bergsund Noes: None Absent: Hanson, Edelstein Mayor Bergsund read: AN ORDINANCE OF THE 'I'O-JN OOUNCIL OF THE '!OWN OF TIBURCN AOOPTING BY REFERENCE THE MARIN CCXJNTY ANIMAL CONTROL CODE MarION: MOVED: VarE : to set Public HearinJ date for Novanber 7, Rockey, Seconded by Bass Ayes: Bass, Rockey, Bergsund Noes: None Absent: Hanson, Edelstein 1979 x. STAFF REPORT, CClv1MUNlCATIONS AND TCWN MANAGER ITEMS Town Manager Kleinert noterl Tiburon has lost its S.O.S. funds but still has it TDA funds which total approximately $29,000. Town Ergineer Bala stated these funds have been allocated to Phase III Widening of the Multi-Use Path. Because the possibility of SMSAA puttirg the sewer pipe under the path, he suggests tranferring the funds to the Paradise Drive sidewalk project. Bala said he ~uld check with TDA to see if it is possible to transfer the. fnnds. MarICN: that the TDA fnnds be transferred fran the multi-use path widening project to the Paradise Drive sidewalk project. MOVED: Rockey, Seconded by Bass VarE: Ayes: Bass, Rockey, Bergsund Noes: None Absent: Hanson, Edelstein TCMIl Manager Kleinert explained he has received a request fran the present owners of the Eeising:er -Heller property asking pennission to stake a portion of the Town's Open Space property along with their property. If pennission was granted they ~uld like another on site meeting with the P lannin; Cattnission and TCMIl Council. Conncil discussed if there was to be any land exchange, it could be quite favorable to the TCMIl. It was agreed by Council to let them stake the property, but asked that any further processing be put off as lorg as possible, due to the ~rk load cuased by Southern Pacific. Town Manager carmented on a meeting with IDgan Isley of the Golden Gate Bridge District regarding the proposerl bus fare increases. The GGBD has previously requested a 50~ raise each way. Council went on record as opposin; any rate increase. Now GGBD is requesting a 25$ raise on afternoon runs only. This raise would generate $46, 000. Council discussed if any increase was warranted due to the Berkeley to San Francisco ferry run had lost $75,000. No Action Was Taken. Mayor Bergsund suggested rescherluling the second meeting in November to Monday November 19, 1979 due to the fact November 21, 1979 is Thanksgiving eve. Mayor Bergsund reported on the eal Trans Trestle Glen signalization. It was the feeli11g' of Conncil to hold the position of being strongly carmitted to having the traffic signals at the Trestle Glen intersection, and not sanewhere between Stewart and Jefferson Drive. X. ADJOURNMENT There being no further business of the Council, Mayor Bergsund adjourned the meeting at 11:02 PM, Wednesday, October 17, 1979 to Tuesday October 23, 1979. ,/,1t!J1'1u 12- 13 j)[aJiA1t"---. BERGSUND, MAYOR ATrEST: ~~~._- R. L. KIEINERT, 'IaVN MANAGER/CLERK T'OdN OF TIBURON 'I'O/VN COUNCIL CALL TO ORDER The adjourned meeting of the Tiburon Town Council was called to order by Mayor Bergsund at 7:40 p.m., Tuesday, October 23, 1979, in the music room of Del Mar School, Tiburon, California. I. ROLL CALL Present: COUNCILMEN: Bergsund, Edelstein, Bass, Rockey, Hanson EX OFFICIO: Director of Community Development Hanna, Town Engineer Bala, Police Chief Bailey, Town Attorney Conn, Deputy Town Attorney Ragghianti, Minute Clerk Kraft II. PUBLIC HEARINGS - SOUTHERN PACIFIC MASTER PLAN 1. Staff Review Director of Community Development Hanna explained the process of review that has been undergone so far regarding the submittal of the Southern Pacific Master Plan, for the proposed development of their land in downtown Tiburon. He reviewed the Master Plan and explained the process of approving the Precise Plan when and if the Master Plan is approved. He further went over the time constraints imposed by law in which this process must take place. Mr. Hanna then briefly described the proposed plan and reviewed the proposed plan and reviewed the Planning Commission's suggestions. He described the proposed density transfer of the land (one acre) on the northwest side of Mar West Avenue and Tiburon Boulevard. Finally, he reviewed for the audience the procedure whereby the Council, at the end of the public hearing, should direct the Town Attorney to prepare an ordinance of approval of the proposed Master Plan, and proceed wi th the first and second readings. 2. Planning ~~issi~~~e~~!ation Planning Commissioner Gary Spratling was present to review with Council the Commissioner's unanimously pass~1 Resolution #278. He described in detBil the Commission's deliberations, the past Southern Paci_f ic submittals und how the Commission arrived at their suqgestions for the ordinance. He carefully reviewed the revised October 17th letter of submittal fran Southern Pacific and explained the Planning Commission's concerns and suggestions. 3. Presentation of Belvedere Resolutions relating to Southern Pacific proposect development ----------------------------- Mayor of Belvedere Bill Rafater presented a joint Resolution of the Belvedere Planning Commission and City Council urging the Town of Tiburon to further study the effects of the proposed development especially regarding traffic, density and retail and commercial development and also thanking the Town for the opportunity to be heard on these matters and offering cooperation in their deliberations. 4. Other Public Presentations Ms. Adele IByton, representing Open Space Preservation, presented a petition to the Council with 1409 signatures fran people fran Tiburon and Blevedere. The petition asks that the Council deny the Southern Pacific plan as submitted and further that Council "explore the possibility of purchasing the SP property through a variety of other means, i.e. grants, corporate gifts, condemnation, etc." In a response to a question from the audience, Town Attorney Conn said that so far there is no indication from Southern Pacific that the property is for sale. Town Council Minutes #513 October 23, 1979 Page 1 5. Public Corrrnents Mayor Bergsund opened the public hearing. Many residents spoke in opposition to the proposed developnent. The primary concerns expressed were increased traffic, the density of the project, possible view blockage and general massiveness of the plan. A few residents spoke in favor of the plan saying that it represents the best thinking of a respected architectural f.Lrnl and that the Town will benefit from the shoreline park, restoration of the marsh and corrected drainage. 6. Applicant's Canrnents Attorney Richard Tarrant, representing the applicant, explained the plan and gave assurances that the applicant will restore and maintain the marsh. SP wants the cooperation of the adjacent property owners, however, and does not want to buy that portion of the marsh. Architect Rodney Friedman further detailed parts of the proposed plan. Mayor Bergsund declared a brief recess at 11 PM. The meeting was reconvened at 11:20 PM. 7. Town Council Consideration of Master Plan Town Attorney Conn clarified the size of the property in question and said that his interpretation is that SP owns the 38 acres, however, according to the General Plan, the marsh is not to be built upon. Councilman Edelstein carefully reviewed the revised October 17th submittal letter from SP and offered suggestions and changes. There was a lengthy discussion regarding the uses to be approved in the conmercial area of the development. Councilman Hanson suggested to SP that they consider deleting all the canrnercial part of the plan, thus reducing the density to 5,730 sq.ft./acre. Georges Jacquernart of Alan M. Vorhees, traffic consultants, spoke at length about the traffic projections along Tiburon Boulevard and at the Trestle Glen intersections. Council decided that they needed more time for discussion before directing the Town Attorney to prepare the ordinance. Mayor Bergsund adjourned the meeting at 1:00 AM, Wednesday, October 24, 1979 to Monday, October 29, 1979, 7:30 PM, multi-purpose roan at Del Mar School. /"\ .~ / \ l' ,j' ;- '. "~/ ~J;,t/: ,( ,.1 1 :, , JOAN 'B~SUND~-MAYOR~r---------'-"- Town Counci 1 Minutes # 513 October 23, 1979 Page 2 MINUTES TC:MN COUNCIL CALL 'ill ORDER The adjourned meeting of the Town Council of the Town of Tiburon was called to order by Mayor Bergsund at 7: 40 PM, Monday, October 29, 1979 in the Del Mar School Auditorium, Tiburon, California. I. ROLL CALL PRESENT: COUNClIMEN: Bergsund, Hanson, Rockey, Bass, Edelstein EX-OFFICIO: Director of Camnunity Development Hanna, Town Manager Kleinert, Town Attorney Conn, Deputy Town Attorney Ragghianti, Police Chief Bailey, Town Engineer Bala, Minute Clerk Kraft II . PUBLIC HEARINGS 1. SOUTHERN PACIFIC DCWNTOWN MASTER PLAN A. Staff Review Mr. Hanna, Director of Canmuni ty Developuent, once again reviewed the Southern Pacific proposed Master Plan development for downtown Tiburon. He explained to the audience that Council V,Duld be continuing their review and consideration of the Planning Conmission' s recanrnendations. The next step will be to direct the Town Attorney to prepare an ordinance approving the Master Plan. B. Public Presentations Mr. Chris Layton, representing the Open Space Preservation group, announced that they had no new names on the petition at this time but signatures were being gathered daily. C. Town Council Consideration of Master Plan 1. Discuss Planning Commission Resolution Planning Commissioner Gary Spratling reviewed Resolution #278 and detailed the Carmission's suggestions and how they were arrived at. In particular the Planning Commission is advising the 2nd traffic consultant be hired because of the amount of public concern about traffic which may be generated by this proposed development. He also stated that the Planning Commission was strong in its recomnendation that the proposed density transfer not take place unless the applicant completely restores the Marsh. 2. Council Discussion Counciflnan Edelstein stated that he would like precise language inserted regarding the amount of money to be held in the traffic fund, SP' s pro rate share. Councilman Rockey stated that he would like traffic level "c" clearly stated as the goal. Councilman Hanson suggested again that Southern Pacific reduce the amount of conmercial space proposed in the development. Attorney for the applicant, Richard Tarrant, said that SP would not consider t.hat. He reminded Council of the "amenity package" that SP is including in its proposal. There was a lengthy discussion regarding the proposed density transfer. Mr . Hanna noted that the revised October 17th SP suhnittal letter does not mention the density transfer. Town Manager Kleinert corrmented on the economic impact on the Town of the proposed development. 3. Direct Town Attorney to Prepare Ordinance Council directed the Town Attorney to draft an ordinance approving the Master Plan for this development. Councilman Bass and Edelstein will work with the Town Attorney. Town Council Minutes #514 October 29, 1979 Page 1 ADJOURNMENT There being no further business of the Council, Mayor Bergsund adjourned the meeting at 12:15 AM, Tuesday, October 30, 1979 to Wednesday, November 7, 1979. '\ ~,/) { \.r [,./\(: _, ,~" ,. 1 \ t Ii llil ' _ I ,- ! r _ .' '-1 /-tfG?I'~I(. ~,_,t<7 [J:\J(/{)"t -, '/ f 'IV 1/ J ,j v ~ JOAN~ ,') ATTEST: ~"''". Town Council Minutes #514 October 29, 1979 Page 2 MINUTES TOWN COUNCIL CALL TO ORDER The regular meeting of the Tiburon Town Council of the TONn of Tiburon was called to order by Mayor Bergsund at 7:15 PM, Wednesday, NovEmber 7, 1979, in the Council Chambers, Room 9, Reed School, Tiburon, CA. I. ROLL CALL PRESENT: COUNCIlMEN: EX-OFFICIO: Bass, Bergsund, Hanson, Edelstein, Rockey Town Manager Kleinert, Director of Camnunity Developnen- Hanna, Police Chief Bailey, Deputy Town Attorney Ragghianti, Superintendent of Public Works Brunini, Deputy Town Treasurer Nadritch, Town Attorney Conn (arrived at 8: 30) Minute Clerk Kraft (arrived at 7: 30) II. APPROVAL OF MINUTES #509 (September 19, 1979) Continued to November 19, 1979 #512 (October 17, 1979) Continued to November 19, 1979 III. APPOINTMENTS TO COMMISSIONS, COMMITTEES AND BOARDS A. Sewerage Agency of Southern Marin (SASM) Council appointed Ms. Elva Edger as Tiburon' s representative to the Sewerage Agency of Southern Marin. IV. 'IUJN COUNCIL, COMMISSION AND COMMITrEE ORAL REPORTS A. Town TreasurE(' s Annual Report (Geoff Knight) Because Mr. Knight was called out of Town on Business, this report was continued to the November 19, 1979 meeting. VI . CONSENT CALENDAR Item #2 POLICE REPORT (October, 1979) was removed from the Consent Calendar and Council directed Staff to agendize this for the December 5, 1979 meetinj. MOTION: to approve the Consent Calendar consisting of the following itEmS: 1. CLAIM FOR PERSONAL INJURY (M. A. Haines) 3. AWARD OF CONTRACT (Trestle Glen Boulevard Repairs) ~VED : VOTE: Rockey, Seconded Hanson Ayes: Bergsund, Bass, Rockey, Edelstein, Hanson Noes: None Absent: None VII. BUSINESS 1. TIBURON 's SELF-INSURANCE PRCX;RAM (Sta tus report of Liability and Worker's Compensation programs- Darrell Heppner) Town Manager Kleinert reviewed the Town's self-insurance program and introduced our Deputy Risk Manager, Mr. Darrell Heppner. Mr. Heppner briefly reviewed the figures regarding these two programs and pointed out that "no city is relying on anyone else". He is very proud of all the cities in the County participating in this program. He rEminded Council that the program also includes a comprehensive safety education prOJram, which contributes to its success. Council thanked Mr. Heppner. Town Council Minutes #515 November 7, 1979 Page 1 5. UNDERGROUNDING OF UTILITIES (Priority of Future Projects, Resolution) This item was continued to the November 19, 1979 meeting for further discussion. 6. COUNTY ANIMAL CONTROL CODE (Adoption by reference of Marin County Code, Ordinance, 1st Reading) Mayor Bergsund opened the public hearing. The Town Attorney has approved the adoption by reference of the County Ordinance, relating to Animal Control. There being no public comments, Mayor Bergsund closed the public hearing. MarION: MOVED: VarE: to read by title only the proposed ordinance Rockey, Seconded by Hanson Ayes: Hanson, Bergsund, Bass, Rockey, Edelstein Noes: None Absent: None Mayor Bergsund read, AN ORDINANCE OF THE TG\IN COUNCIL OF THE rrum OF TIBURCN ADOPTING BY REFERENCE THE MARIN COUNTY ANIMAL CONTROL CODE. MarION: To approve 1st reading of the Ordinance MOVED: Hanson, Seconded by Bass varE: Ayes: Noes: Absent: Hanson, Bass, Bergsund, Rockey, Edelstein None None 7 . scarr McCALL REAL ESTATE OFFICE, 10 Main Street (Master Plan and Precise Plan, Ordinance, 2nd Reading and Adoption of Re so lu tion) r-'lr. Earl Shuttleworth, representing Scott-McCall was present and reported that Mr. Zelinsky was not offering the required parking spaces. Scott McCall is aware of the 10 parking spaces required for the use. They are presently available in the Metro Lot. He said that Scott-McCall would take the chance that their use pennit may be revoked if the 10 spaces were no longer available after the development of the Southern Pacific land. Mayor Bergsund then opened the public hearing. Mr. Zelinsky spoke against another Real Estate office opening in Tiburon. There being no further public comnents, Mayor Bergsund closed the public hearing. Council-- man Edelstein spoke against the ordinance saying that he does not think that Tiburon needs another real estate office and that L~e Mill Valley office of Scott-McCall could easily service the Tiburon peninsula. Councilmen Rockey and Bass both spoke in favor of the ordinance. MarION: to deny 2nd reading of the proposed ordinance, AN ORDINANCE OF THE TrnN OF TIBURON APPROVING THE r.1ASTER PLAN TO ESTABLISH A RESIDENTIAL REAL ESTATE BROKERAGE AND TITLE COMPANY AT 10 MAIN STREET AND 1704 TIBURON BLVD. MOVED: Edelstein, Seconded by Hanson VOTE: Ayes: Noes: Absent: Edelstein, Hanson Rockey, Bass, Bergsund None MarION: '; to approve 2nd reading of the proposed ordinance, AN ORDINANCE OF TIIE TCNVN OF TIBURON APPROVING THE MASTER PLAN TO ESTABLISH A RESIDENTIAL REAL ESTATE BROKERAGE AND TITLE COMPANY AT 10 MAIN STREET AND 1704 TIBURON BLVD. MOVED: Rockey, Seconded by Bass varE: Ayes: Noes; Absent: Rockey, Bass, Bergsund Edelstein, Hanson None Mayor Bergsund suggested that in the near future we agendize the subject of resident-serving business and uses in the downtown Tiburon area. MarION: To approve Resolution No. 1069, A RESOLUTION OF THE TCWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE MASTER PLAN AND PRECISE PLAN FOR 10 MAIN STREET AND 1704 TIBURON BLVD. TOWN COUNCIL MINUTES # 515 Page 2 M)VED: Rockey, Seconded by Bass VOTE: Ayes: Noes; Absent: Rockey, Bass, Bergsrmd Edelstein, Hanson None At this time Mayor Bergsund adjourned the meeting to Executive Session for the purpose of discussing possible litigation. The Meeting was re-convened in the multi-purpose room of Reed School, at 8: 45 PM. 8. SOUTHERN PACIFIC I:XJ^JNTavN MASTER PLAN (Ordinance, 1st reading) Ms. Adele Layton, representing Open Space Preservation, presented the Council with another 400 names of persons asking that the Southern Pacific downtown plan be denied as presented, and further that the Town investigate ways of purchasing the property. MJTION: to read by title only the proposed ordinance MOVED: Bass, seconded by Rockey varE: Ayes: Noes: Absent: Hanson, Rockey, Edelstein, Bergsund, Bass None None Mayor Bergsund read, AN ORDINANCE OF THE 'I'CWN OF TIBURON APPROVING THE NORTHWESTERN PACIFIC MASTER PLAN. Mayor Bergsund opened the public hearing. Several residents spoke against the proposed plan citing possible traffic congestion, density, view blockage, loss of small town feeling and general dissatisfaction with any development on this land. The public hearing was closed at 9:25 PM. Cormcil considered the prop sed ordinance, making several suggestions to be included before adoption and 2nd reading. Council asked that there be an additional 150 parking spaces provided, above code requirements, regardless of how large the plan is ultimately. Council asked that the Elderly/Moderate income units remain such for a period of not less than 20 years after the project is completed. Mayor Bergsund opened the public hearing again at IlPM Several residents spoke against the plan. Mayor Bergsund closed the public hearing at 11: 40 PM. Council further discussed the next stages, regarding the Precise Plan. MarION: to add section #15, "a scheduled phase acceptable to the Town may be established at the time of approval of the Precise Plan, such schedule to be in accordance with the downtown plan, the implementation section pertaining to phasing." M)VED: Bass, Seconded by Edelstein VOTE: Ayes: Noes: Absent: Bergsund, Bass, Hanson, Rockey, Edelstein None None MOTION: to approve 1st reading of the ordinance, AN ORDINANCE OF THE TOWN OF TIBURON APPROVING THE NORTHWESTERN PACIFIC MASTER PIAl'\J. MOVED: Bass, Seconded by Rockey varE: Ayes: Noes: Absent: Bergsund, Bass, Rockey, Hanson, Edelstein None None ADJOURNMENT There being no further business of the meeting at 12 midnight, sine die. Council, Mayor Bergsund adjourned the ') ;,/'\ .' '-r'< . ;' / i. /"1/1 \. '." L .'~ ;' ..1 " ~ 'IA~-a,. f 'v . "~v' ({.' ,-p {{ i/l cl-- '1 II/ -~.....- JOAN BER UND, MAYOR U ~TIEST: ~-"" R.L. -- - --- KLEINERT, TDWN MANAGER/CLERK CALL TO ORDER CORRECTED MINUTES TOWN COUNCIL The adjourned meeting of the Town Council of the Town of Tiburon was called to order by Mayor Bergsund at 7:40 p.m., Monday, November 19, 1979 in the Multi-purpose room at Reed School, Tiburon, California. I. ROLL CALL PRESENT: ABSENT: COUNCILMEN: Bass, Rockey, Bergsund EX OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Deputy Town Attorney Ragghianti, Superintendent of Public Works Brunini, Chief of Police Bailey, Deputy Town Treasurer Nadritch, Minute Clerk Kraft, Town Attorney Conn (arrived at 8:20 p.m.) II. APPROVAL OF MINUTES COUNCILMEN: Edelstein, Hanson MOTION: Moved: Vote: #512 - MOTION: Moved: Vote: MOTION: Moved: Vote: MOTION: Moved: Vote: MOTION: Moved: Vote: to approve Minutes #509, September 19, 1979, as submitted. Rockey, Seconded by Bass Ayes: Rockey, Bass, Bergsund Noes: none Absent: Edelstein, Hanson add MOTION: to adopt 1st reading of AN ORDINANCE OF THE TOWN OF TIBURON APPROVING THE MASTER PLAN TO ESTABLISH A RESIDENTIAL REAL ESTATE BROKERAGE AND TITLE COMPANY AT 10 MAIN STREET AND 1704 TIBURON BOULEVARD. Moved: Bass, Seconded by Rockey Vote: Ayes: Bass, Rockey, Bergsund Noes: none Absent: Edelstein, Hanson to approve Minutes #512, October 17, 1979, as corrected. Bass, Seconded by Rockey Ayes: Bass, Rockey, Bergsund Noes: none Absent: Edelstein, Hanson to approve Minutes #513, October 23, 1979, as submitted. Rockey, Seconded by Bass Ayes: Rockey, Bass, Bergsund Noes: none Absent: Hanson, Edelstein to approve Minutes #514, October 29, 1979, as submitted. Bass, Seconded by Rockey Ayes: Rockey, Bass, Bergsund Noes: none Absent: Hanson, Edelstein to approve Minutes #515, November 7, 1979, as submitted. Bass, Seconded by Rockey Ayes: Bass, Rockey, Bergsund Noes: none Absent: Hanson, Edelstein III. APPOINTMENTS TO COMMISSIONS, COMMITTEES AND BOARDS There were none at this time. IV. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS A. Town Treasurer's Annual Report (Geoff Knight) 516 Town Council Minutes #!5o November 19, 1979 Page 1 Town Treasurer Geoffrey Knight reviewed the Treasurer's report as submitted. He particularly complimented Deputy Town Treasurer, Alan Nadritch, for his thoroughness and dedication to his job. Mayor Bergsund presented Mr. Knight with the salary due him for his two years of service as Town Treasurer, a certificate containing $2. Town Manager Kleinert, re-iterated Mr. Knight's comments regarding Mr. Nadritch. B. 1978-79 Annual Audit Report (Town Manager) Town Manager Kleinert reported that the Annual Audit report has been received and distributed to Council. V. PUBLIC QUESTIONS AND COMMENTS There were none at this time. VI. CONSENT CALENDAR Moved: Vote: Bass, Ayes: Noes: Absent: to adopt the Consent Calendar consisting of the following items: 1. FINANCE REPORT (October 1979) 2. SPECIAL EVENT PERMIT APPLICATION (Bicycle Motocross Race Series at Blackie's Pasture) 3. CLAIM FOR DAMAGES (CSAA Claim for Automobile physical damage) Seconded by Rockey Bass, Rockey, Bergsund none Edelstein, Hanson MOTION: VII. BUSINESS 4. MARIN CITIZENS FOR ENERGY PLANNING (Report of approval of California Energy Commission Contract) Mayor Bergsund introduced Steve Schmidt, Executive Director of Marin Citizens for Energy Planning, who reported to Council that MCEP has received approval for their grant fromthe California Energy Commission. He asked for direction from Council as to ways that MCEP can help Tiburon with energy related code and process revisions. Town Manager Kleinert suggested that Steve meet with Building Official Roger Long and Director of Community Development Hanna and possibly present this to the Planning Commission for comments before Council deliberated further. Council concurred. 5. UNDERGROUNDING OF UTILITIES (Priority of Future Projects) Town Manager Kleinert reported that the Lyford's Cove/Old Tiburon Property Owners Association has requested that undergrounding of utilities along Paradise Drive be the first priority of Council when Rule 20A funds become available. Bob Elsberg, representing this group, spoke in support of undergrounding along Paradise Dr. Mayor Bergsund asked if the LCOTPOA had discussed becoming an undergrounding district. Mr. Elsberg responded that they had. Mr. Kleinert reported that it may be until 1982 before we are able to establish any undergrounding again. Because of this, Council was reluctant to establish priority areas by resolution as it did not want to lock in future Councils to their particular thinking. However Mayor Bergsund requested that the official record show that the Lyford's Cove Old Tiburon Property Owners Association has made a strong request for undergrounding along Paradise Drive at the first possible opportunity. VIII. PUBLIC HEARINGS 6. COUNTY ANIMAL CONTROL CODE (Adoption by reference of Marin County Code, Ordinance, 2nd Reading) Mayor Bergsund reviewed the background material pertaining to the Joint Powers Agreement with the County on Animal Control. Mr. Kleinert reported that there was no new material forthcoming since the last meeting. Mayor Bergsund opened the public hearing. Town Council Minutes #516 November 19, 1979 page 2 There being no comments from the public Mayor Bergsund declared the public hearing closed. Moved: Vote: To adopt 2nd reading of the Ordinance, AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING BY REFERENCE THE MARIN COUNTY ANIMAL CONTROL CODE. Bass, Seconded by Rockey Ayes: Bass, Rockey, Bergsund Noes: none Absent: Hanson, Edelstein MOTION: At this time is was agreed to move Item IX up on the agenda before proceeding with Item 7. IX. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS Town Manager Kleinert reported that the Tiburon School conversion schedule has been revised somewhat, according to a memo written by Councilman Rockey. Groundbreaking is now scheduled for January ~~, 1980. Mayor Bergsund declard a recess at this time; the meeting was reconvened at 9:00 p.m. 7. SOUTHERN PACIFIC DOWNTOWN MASTER PLAN (Ordinance, 2nd Reading) Mayor Bergsund opened the public hearing. Mr. Peterson, resident of Tiburon, presented a letter of confidence to the Council for their approval of the 1st reading of the SP Master-PQan. It had been signed by 18 Tiburon residents. Mayor Bergsund reported that Council had received a letter from the Lyford Cove Old Tiburon Property Owners Association urging denial of the ordinance. There being no further public comments Mayor Bergsund closed the public hearing. MOTION: Moved: Vote: to approve 2nd reading of the Ordinance, AN ORDINANCE OF THE TOWN OF TIBURON APPROVING THE NORTHWESTERN PACIFIC MASTER PLAN. Bass, Seconded by Rockey Ayes: Bass, Rockey, Bergsund Noes: none Absent: Edelstein, Hanson Rodney Friedman, architect for the applicant, thanked the Council for its action. Richard Tarrant, attorney for the applicant, urged the Council to expedite hiring of the traffic engineer in order to stay within the allotted time frame and begin review of the Precise Plan. Mayor Bergsund suggested agendizing "possible methods of acquiring the SP property" for the December 5th meeting. ADJOURNMENT There being no further business of the Council Mayor Bergsund adjourned the meeting in memory of Sgt. John Kim, Tiburon Police Department, 1972-1979, to Wednesday, December 5, 1979, sine die. ~/vL Ie. ~ JOAN. . BERGSUND, MA R ATTEST: R.- L: KLEINERT, TOWN MANAGER/CLERK Town Council Minutes #516 November 19, 1979 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 7:30 P.M., Wednesday, December 5, 1979, in the Town Manager's office, Town Hall, Tiburon, California. I. ROLL CALL Present: Councilmen: Ex Officio: Bergsund, Edelstein, Hanson, Bass 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 8:15 p.m. in the Town Council Chambers, Room 9, Reed School, Tiburon, California Ex Officio Present: Superintendent of Public Works Brunini, Chief of Police Bailey, Town Engineer Bala, Director of Community Development Hanna, Minute Clerk Kraft Absent: Councilman Rockey II. APPROVAL OF MINUTES #516 (November 19, 1979) Due to lack of a quorum of those present at the November 19, 1979 meeting, the minutes were continued to the next regular Council meeting. III. RECOGNITION OF TOWN SERVICE (John McKelvie, Public Works Department, 10 years) Town Manager reported that unfortunately Mr. McKelvie was unable to attent the meeting. He noted that John is the 5th employee to work for the Town for 10 years. Mayor Bergsund read A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON COMMENDING JOHN MCKELVIE FOR HIS SERVICE TO THE TOWN OF TIBURON. MOTION: to adopt the above Resolution, No. 1070 Moved: Hanson, Seconded by Bass Vote: Ayes: Hanson, Bass, Bergsund, Edelstein Noes: none Absent: Rockey IV. APPOINTMENTS TO COMMISSIONS, COMMITTEES AND ?OARDS There were none at this time. V. TOWN COUNCIL, COMr-1ISSION AND COMMITTEE ORAL REPORTS Councilman Bass reported that the next County Priority Setting Committee meeting will be held late in January, 1980. Councilman Edelstein asked if a Staff member attends the Sewerage Agency of Southern Marin Board meetings. Town Manager Kleinert reported that Town Engineer Bala has attended some meetings. Councilman Edelstein asked that Tiburon representative Elva Edger report to the Council on these meetings monthly. Town Manager Kleinert reported that a letter had been sent to SASM strongly opposing the proposed pipeline to be under the Town's multi-use path, and further asking for alternative places for the pipeline to be put with corresponding cost analyses and future impacts on the Town. They have not responded as yet. Town Council Minutes #517 December 5, 1979 Page 1 Vi. PUBLIC QUESTIONS AND COMMENTS There were none at this time. VII. CONSENT CALENDAR Moved: Vote: to adopt the Consent Calendar consisting of the following items: 1. TRAFFIC SAFETY COMMITTEE REPORT, November 1979 2. POLICE REPORT, November, 1979 3. TOWN APPRECIATION OF TIBURON TOMMIES, Resolution Edelstein, Seconded by Hanson Ayes: Edelstein, Hanson, Bergsund, Bass Noes: none Absent: Rockey ~10TION : VIII. PUBLIC HEARINGS 4. 85 ROUNDHILL ROAD, MASTER PLAN (Ordinance, 1st Reading) Director of Community Development Hanna reviewed this application to allow the subdivision of 8 parcels of land upon which single family dwellings will be constructed. The present application is identical to one that received approval from the Planning Commission and Town Council in 1972. Because of the water moratorium the final map was unable to be recorded. Councilman Bass asked what the zoning district is for this property. Mr. Hanna responded RPD-2. Mayor Bergsund opened the public hearing. Mr. Branwell Fanning, representing the owner Mrs. Norwitt, spoke in support of the application and Master Plan. Mr. Marinko, owner of the property above the Norwitt property, disputed the map that was presented regarding traffic flows and the road shown. Mayor Bergsund closed the public hearing. Council discussed reducing the size of the project to allow only 6 dwelling units instead of 8. Town Attorney Conn said this would not have to be sent back to the Planning Commission as they had already considered the smaller project and had approved the Resolution recommending approval of the 8 unit project. MOTION: Moved: Vote: to continue the 85 Roundhill Road Master Plan the January 2, 1980 regular Council meeting. Edelstein, Seconded by Bass Ayes: Edelstein, Bass, Bergsund, Hanson Noes: none Absent: Rockey until IX. BUSINESS At this time #8 was moved up on the agenda. 8. VIA CAPISTRANO STREET IMPROVEMENTS (Report from Town Engineer and Chief of Police). Chief of Police Bailey reviewed the hazards on Via Capistrano particularly the view sight distances. Resident Mrs. Linker spoke of the danger to small children and pedestrians. Town Engineer Bala said that he could present possible solutions to the problem but they would be costly. Council directed Staff to report at the January 2, 1980 meeting with information about islands, signs, speed bumps and any further suggestions to alleviate this problem and danger. 5. SOUTHERN PACIFIC DOWNTOWN PROPERTY - POSSIBLE METHODS OF ACQUISITION. Town Manager Kleinert reviewed this item saying that Council had pledged to discuss possible methods of acquiring the Southern Pacific Downtown property. He introduced Mr. Ed Ness, Attorney, who explained ways to acquire the property and ways that are not legal or feasible. The most acceptable way would be to form an assessment district and purchase the land. The property would have to be designated as a park. Many questions arise concerning who would be in the assessment district, Tiburon, Belvedere, un-incorporated parts of the Peninsula, etc. After a lengthly and informative presentation Councilman Bass said he would like the community to pursue this idea. Council decided that it would be questionable for them to pursue this as a Council but was encouraging to the community for individual citizens or groups to look into this further. Town Council Minutes #517 December 5, 1979 Page 2 6. PLANNING FEE SCHEDULE (Amendment to current fee schedule, Resolution) Director of Community Development Hanna reviewed the proposed Resolution which would modify the existing fee schedule to provide for an additional application type, Special Master Plan and/or Precise Plan and/or Subdivision and establish a fee schedule for such, modify existing Notice of Public Hearing Fees, and clairfy the Town Engineer's role in the review or checking of application. Moved: Vote: to adopt Resolution No. 1072 A COUNCIL OF THE TOWN OF TIBURON ESTABLISHING FEES FOR SERVICES PERMIT APPLICATIONS. Bass, Seconded by Hanson Ayes: Bass, Hanson, Bergsund, Noes: none Absent: Rockey RESOLUTION OF THE TOWN AMENDING RESOLUITON 1006 AND COMMUNITY DEVELOPMENT MOTION: Edelstein 7. DOWNTOWN TIBURON BOULEVARD MASTER PLAN (Discussion, review and hearing schedule) Town Manager Kleinert reported that last year the Town Engineer had been authorized to survey and prepare the preliminary/conceptual design improvements for downtown Tiburon Boulevard. This has been done and is ready for review and consideration by the Planning Commission and Town Council. The Planning Commission has suggested a joint meeting on Monday, December 17th to receive the initial presentation by the Town Engineer. Council concurred. X. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS There were none at this time XI. ADJOURNMENT There being no further business of the Council, Mayor Bergsund adjourned the meeting at 12:30 a.m., Thursday, December 6, 1979 to MOnday, December 17, 1979, 8 p.m., Reed School, Tiburon, California. lG it. & ~ergsund, Ma ATT~~~:/Clerk 'nert, Town Town Council Minutes #517 December 5, 1979 Page 3 CORRECTED MINUTES The adjourned regular meeting of the Town Council of the Town of Tiburon was called to order at 8:15 p.m. on Monday, December 17, 1979 by Mayor Bergsund. The meeting was held in Room 9, Reed School, Tiburon, California. The purpose of the meeting was to confer jointly with the Planning Commission regarding the Tiburon Boulevard downtown traffic improvements and the proposed Main Street turnaround. I . ROLL CALL Present: Councilmen: Bergsund, Hanson, Rockey, Edelstein (8:35pm) Commissioners: Wilson, Forell, Spratling, Sanford, Gimmy Ex Officio: Town Manager Kleinert; Director of Community Development Hanna~ Town Engineer Bala; Police Chief Bailey; Superintendent of Public Works Brunini. Absent: Councilmen: Bass Commissioners: Barsimanto, Davoren Mayor Bergsund stated the primary purpose of the meeting was to discuss the proposed improvements to Tiburon Boulevard a~-e~~~~~eQ ~ft-~fte-Bewft~ewft-Mas~e~-Piaft. Alternatives were submitted by the Town Engineer. The Mayor stated the first order of business would be the Downtown Tiburon Boulevard Master Plan proposals and following that, discussion of the Main Street turnaround. The Town Engineer reviewed Master Plan proposals A and B noting the primary difference being that in Plan A significantly more parking was provided than in Plan B. There are also some differences in the proposed alignment of Tiburon Boulevard and proposed landscaping. He indicated the existing number of parking spaces along Tiburon Boulevard in this area was 40 spaces and that Plan A provided for 37 parking spaces; Plan B provided for 8 parking spaces. Another primary difference is the median strip which in Plan B consisted of landscaping and in Plan A provides for a raised turning lane. The Town Engineer noted certain concerns expressed by the Fire District in their letter of December 12th and indicated that the problems which the District posed appeared to be solvable. The Town Council suggested consideration regarding the possibility of providing additional parking in the center of Tiburon Boulevard in lieu of the median strip, and reducing the median islands to provide more parallel parking in Plan B. The Council also expressed some concern about the apparent loss of the loading and unloading area in the vicinity of the Musso property. The Planning Commission quest&oned the need for separate bicycle lanes on each side of Tiburon Boulevard. They suggested combining the lanes. Other comments expressed by the Planning Commission included support for Plan A with emphasis on maintaining view corridors down Tiburon Boulevard; they noted the median landscaping could become a maintenance problem; the bus loading area in the plans provided for too many buses; they endorsed the concept of a Master Plan for Tiburon Boulevard even though implementation may be some time away; there should be more attempt to maintain or increase the number of parking spaces by utilizing the area along the front of the Bank of America building; there is a possibility of cOmbining existing driveways along Tiburon Boulevard and this should be explored. Councilman Rockey noted it appeared the "Depot Palm" would be eliminated with the realignment and the Council and Commission suggested that the palm be retained or at the very least be relocated to an appropriate area. John Bailey, Chief of Police, stated his support for Plan A and indicated he could foresee no safety problems with this plan. Staff recommended that the bicycle paths remain separated on each side of Tiburon Boulevard for safety reasons. The Superintendent of Public Works, Lou Brunini, reminded Council that proposed landscaping of the Boulevard or the median strip would result in expensive future maintenance costs to the Town. Town Council Minutes #518 December 17, 1979 Page 1 Representatives from the business community (Francis Ingalls, Marie and Sam Schneider, Fred Zelinsky, Keith Morrison) expressed concern regarding any proposed plan that would eliminate existing parking spaces. The overall cost of the project was questioned and noted it did not appear to be cost effective. Neither of the plans appeared to help traffic circulation in the Downtown area. It was also suggested that bicycle paths in the Downtown area were not appropriate. Mayor Bergsund stated this matter would be reviewed further by the Planning Commission in January. Council suggested that Southern Pacific and their architects, Fisher-Friedman and Guzzardo, be included in the review process for Tiburon Boulevard Master Plan. The Council suggested that the Town Engineer use Scheme "A" as a base and consider the following: 1. parallel parking; 2. reduce the landscaping area; 3. combine the bike path on one side of the street; 4. retain the "Depot Palm"; 5. break up the bus loading area; 6. combine the driveway entrances; 7. locate parking near the Bank of America building and consider placing the sidewalk on the upside of the property line rather than the right-of-way. The discussion then focused on the Main Street Turnaround. Mayor Bergsund stated that the Main Street turnaround was last considered by the Planning Commission and Town Council in April, 1979, and continued at that time. It was Council's intent that after the summer months and the opportunity for review after closing of Main Street for the Holiday Inn Owners tour early in September. Chief Bailey stated that his Department and the Town experienced no serious problems with the closing of Main Street that evening. He noted the only minor problem was with traffic circulation at Juanita Lane. However, because the event was held on a slow night during the week and as Holiday Tours had hired extra police to assist with directing traffic, almost all problems were eliminated. Fred Zelinsky again indicated his opposition to the proposed turnaround at Main Street adjacent to the parking lot entrance. Francis Ingalls stated there was no need for a permanent turnaround on Main Street and referred Council to the petition previously submitted in April of a majority of merchants opposing the turnaround. Keith Morrison stated that he had discussed with the Town Manager the possibility of Main Street properties moving the parking lot kiosk and improving the entrance to the parking lot. Hal Edelstein proposed that a turnaround could be installed in the vicinity of the parking lot entrance and not actually re-stripe the parking lot. He indicated the only time the parking lot would be utilized for access to Juanita Lane is when Main Street is actually closed for a special event. The Planning Commission unanimously supported the re-location and re-design of the kiosk. Moved: Vote: that the Town pursue implementation and installation of the proposed turnaround which would include the re-location and re-design of the parking lot kiosk. Hanson, Seconded by Edelstein Ayes: Hanson, Bergsund, Edelstein, Rockey Noes: none Absent: Bass MOTION: Council noted that the proposed plan for the turnaround and kiosk should be prepared by Main Street properties and submitted to the Board of Adjustments and Review for final approval. The Town Engineer was instructed to assist Main Street properties in the preparation of these plans. Council discussed Hal Edelstein's proposed use of preferential parking permits. Director of Community Development Hanna reviewed the proposed preferential parking ordinance for the Downtown area. Both the Council and Commission were supportive of the concept, however the actual mechanics of the plan would have to be worked out. It was noted the matter was discussed by the Planning Commission at the last regular meeting and scheduled for further discussion at the January meeting. Mr. Hanna was directed to contact Sausalito and report back on the success and/or failures in their program. Town Council Minutes #518 December 17, 1979 Page 2 There being no further business of the Council, Mayor Bergsund adjourned the meeting at 11:10 p.m. sine die. It was noted that the December 19, 1979 regular Council meeting had been cancelled for lack of a quorum. The next regular meeting of the Council will be January 2, 1980. rr::a:. ?:r ATTEST: Town Council Minutes #518 December 17, 1979 Page 3