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HomeMy WebLinkAboutTC Min 1979 (March thru July) CALLED TO ORDER CORRECTED CITY OF TIBURON CITY COUNCIL The regular meeting of the City Council of the City of Tiburon was called to order at 8:15 p.m., Wednesday, March 7, 1979, by Mayor Edelstein in the Council Chambers, Reed School, Tiburon, California. I. ROLL CALL PRESENT: COUNCILMEN: Edelstein, Bass, Bergsund, Hanson, Rockey ABSENT: None EX OFFICIO: R. Kleinert, City Manager; R. Hanna, Director of Community Development; L. Brunini, Supt. of Public Works; G. Ragghianti, Deputy City Attorney: S. Bala, City Engineer: B. Kraft, Minute Clerk #489 - II. APPROVAL OF MINUTES #490 - MOTION: Moved: Vote: Absent: MOTION: Moved: Vote: Absent: change Item #6, second paragraph to "me also suggested that the fees...." correct names in Item #7 to "Judy Hobbs" and "Bill Crosby" - change Item III "Friends of the Tower Committee" correct name in Item #6 to "Jeff Mineah" To approve Minutes #489 as amended Bergsund, Seconded by Hanson Unanimous none To approve Minutes #490 as amended Rockey, Seconded by Hanson Unanimous none III. CITY COUNCIL, COMMISSION, AND CO~1..Tv1ITTEE REPORTS None IV. APPOINTMENTS TO COMMISSIONS, COMMITTEES AND BOARDS Mayor Edelstein announced that there are two openings on the Fine Arts Commission and one on the Heritage Commission. MOTION: Moved: Vote: Absent: To appoQnt Mrs. Betty Dippel to the Heritage Commission. Rockey, Seconded by Bergsund Unanimous none V. PUBLIC QUESTIONS AND COMMENTS The City Manager introduced Sam Schneider and Pat Loomis of the Chamber of Commerce. Mr. Schneider said that he has been working with the Public Services Committee of the douncil in an effort to foster better relations and communication between the Council and the business community. The Chamber of Commerce is asking that a member of the Council attend their regular meetings on the 3rd Wednesday of each month at 7:30 a.m. Rockey said the Council appreciated this effort and he would like to accept. Council concurred. The City Manager reported to the Council that once again "Adventures Unlimited" has asked if they can clean the debris from the shoreline from San Rafael Avenue to Blackie's Pasture. They are asking the City to haul this debris away after it has been collected. Council agreed and Mayor Edelstein expressed his appreciation to Adventures Unlimited for their offer to assist the community. City Council Minutes #491 March 7, 1979 Page 1 VI. CONSENT CALENDAR Items #14 and #16 were moved to the Consent Calendar for approval. Items #2, #7, #8 were removed for discussion. MOTION: To approve the amended Consent Calendar consisting of the following items: 1. FINANCIAL REPORT - February 1979 3. PACIFIC SUN MARATHON - P & R recommendation 4. YOUTH COMMISSION FUN RUN - P & R recommendation 5. CORRECTION OF MINUTES - September 20, 1978 6. GUARDRAILS ON MAR WEST AND CENTRO EAST - Authorization for City Engineer to Advertise for Bids 8a. CLAIM FOR PERSONAL INJURY - T. Chestman 14. FINE ARTS COMMISSION - Request funding assistance Del Mar School program 16. MULTI-USE PATH SIGNING - P & R recommendation VII. PUBLIC HEARINGS 9. 39 MAIN STREET OFFICE - 2nd FLOOR (Adoption of Master Plan - Ordinance, 2nd Reading) File No. 47901 The Director of Community Development reviewed this ordinance which will approve the Master Plan for an office on the second floor of 39 Main Street. He also recommended that Council adopt the Resolution approving the Precise Plan subject to the conditions noted. Mayor Edelstein opened the public hearing and upon receiving no comments declared it closed. MOTION: Moved: Vote: Absent: MOTION: Moved: Vote: Absent: MOTION: Moved: Vote: Absent: To read the Ordinance by title only Rockey, Seconded by Bergsund Unanimous none To pass Ordinance No. 208 N.S. AN ORDINANCE OF THE CITY OF TIBURON APPROVING THE MASTER PLAN TO ESTABLISH AN OFFICE ON THE 2ND FLOOR OF 39 MAIN STREET. Rockey, Seconded by Bass Unanimous none To approve Resolution No. 1036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON APPROVING THE PRECISE PLAN FOR NATIONAL EMERGENCY SERVICES, INC. TO ESTABLISH AN OFFICE ON THE 2ND FLOOR OF 39 MAIN STREET. Bergsund, Seconded by Bass Unanimous none 10. PLANNING COMMISSION APPEAL (Denial of Condominium permit at 2298 Paradise Drive) File No. 17806 The Director of Community Development explained that the Planning Commission had denied this condominium permit because of its concern with the precedent setting aspect of the approval and that it was not appropriate because the development of the property was not consistent with a traditional duplex building. The City Attorney explained that his interpretation of the R-2 zoning ordinance does allow for t~hLs type of building, two units on this lot each with its own family. Mayor Edelstein opened the public hearing. Attorney for the applicant, Richard Tarrants, introduced the applicant David Ratho Mr. Rath explained his proposal and reported that he had worked hard with the neighbors to iron out their concerns. He said that this proposal does not constitute a lot split since the land would be owned jointly but the units would be owned separately. Art Gimmy of the Planning Commission reviewed the reasons for the Commissions denial of the application. Mr. William Krivda, President of the Lyford Cove Property Owners, and Ms. Louise Mirata spoke against the appeal. Mr. Bob Ellsburg and Mr. John Harris spoke in favor of the appeal saying that if all the requirements have been met that this applicant should City Council Minutes #491 March 7, 1979 Page 2 not be penalized. Mr. Tarrants summarized by saying that the application has already been approved for the two units to be built and that whether they are owned by two families or whether one is owned and the other is a rental unit is not the issue. In response to a question from the Mayor the Deputy City Attorney said that the merger of contiguous property ordinance is not at issue here, that in law, this is not considered a lot split. Mayor Edelstein closed the public hearing after over one hour of discussion. Council members agreed that there is ambiguity over the R-2 zoning ordinance and agreed that the concerns of the prople of Old Tiburon are finally coming to a head over this issue. Rockey expressed displeasure with the Planning Commission's denial of the application since they did not offer real findings. He suggested sending this back to the Planning Commission for review and requesting them to come up with real findings to support their decision. Hanson disagreed and indicated that he supported the appeal. MOTION: Moved: Vote: Absent: That the Council continue for 60 days acting upon applicant's appeal in order to receive the Ad Hoc Committee's report for possible R-2 zoning modifi- cations and that the Planning Commission be requested to consider imposing a moratorium on Condominium conversion in the R-2 zone for a period of time determined appropriate by the Commission. Bass, Seconded by Bergsund AYES: Bass, Bergsund, Edelstein NOES: Rockey, Hanson none Mayor Edelstein declared a recess at lO:30 p.m. and reconvened the meeting at 10:45 p.m. VIII. BUSINESS 15. HERITAGE COMMISSION (Change designation from "City" to "Town" of Tiburon) Bass asked if changing the designation would cost anything. The City Manager said the costs would be minor, and no signs would be changed until they need to be and that stationery, etc. would not be replaced until they ran out. Rockey asked about the legal ramifications: the Deputy City Attorney said there are none. A petition will be circulated by members of the Heritage Commission and when the required number of signatures is secured, it will be brought before Council for a decision. 11. ENCROACHMENT PERMIT APPLICATION (PG&E Line re-location/ Palmer Court) File No. 4203 The City Manager reviewed this application and explained that all neighbors had been informed of the application and the concerns apparently resolved. MOTION: Moved: Vote: Absent: to approve the encroachment permit as amended and authorize the Superintendent of Public Works to process such permit upon receipt of approval by PG&E. Bergsund, Seconded by Hanson Unanimous none 12. UNDERGROUNDING OF UTILITIES (Amendment of deadline dates, Resoluti0n No. 1037) File No. 4500 The City Manager reviewed the request from PG&E and Pacific Telephone to reestablish dates for completion of the undergrounding and pole and wire removal in this Underground Utility District. Dick Conrad of PG&E displayed a map showing the PG&E construction and explained there is a possibility that the undergrounding district can be extended so that more undergrounding could be done near Rock Hill Road. Stewart Hussey of Pacific Telephone explained their position saying that he recognized Pacific Telephone should have begun sooner on their construction and undergrounding and have paid more attention to the completion dates established by the City. City Council Minutes #491 March 7, 1979 Page 3 Staff recommended approval of the extension of the deadline dates to May 1, 1979 and July 1, 1979 and to order Pacific Telephone to complete the undergrounding and removal of all overhead facilities on the South side of Tiburon Boulevard on or before January l, 1980. MOTION: Moved: Vote: Absent: to approve Resolution No. l037,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON SETTING THE DEADLINE FOR CONVERSION BY THE AFFECTED PROPERTY OWNERS TO THE UNDERGROUND UTILITIES ALONG TIBURON BOULEVARD BETWEEN ROCK HILL ROAD AND SAN RAFAEL AVENUE AND ESTABLISHING THE COMPLETION DATE FOR REMOVAL OF ALL POLES, WIRES, AND OVERHEAD STRUCTURES WITHIN THE UNDERGROUND UTILITY DISTRICT. Bergsund, Seconded by Rockey Unanimous none 13. TIBURON SCHOOL CONVERSION (Review of feasibility study) The Director of Community Development reported that there are no new additions to the written feasibility report submitted by the Ecumenical Association. Martin Mackey was present to answer questions from Council. Hanson asked whether the Community Room would be kept in the plan of conversion. Mackey said it would be kept in subject to final cost projection. In response to a question about what the next step will be Mackey suggested inviting people to come in and discuss the financing. Rockey requested guidance from the Council about the City's involvement in the Project after it is completed. Council consensus was that the City is not in the landlord business and should not involve itself after the Project is completed except perhaps to have a member of the Council sit on an advisory board of the Project. Mayor Edelstein said that he would like to see some of the drawings and plans and hoped that the City would have input into these. It was agreed to meet further with the Housing Authority, representatives from Reed Union School District and proceed with the next step of determining the most feasible financing, ownership and management procedure. 17. CETA PERSONNEL/PROGRAM STATUS (Oral Report by City Manager) The City Manager reviewed the status of the 4 CETA workers presently assigned to the City of Tiburon. Because of the changes in the law a decision was necessary concerning the Parks and Recreation Department CETA employees. Mr. Kleinert gave several options and recommended that the Council transition the present Parks and Recreation Supervisor to regular employ at this time. This will have financial impact on the City during this fiscal year, however, it will also open up a CETA position which can be filled prior to April 1, 1979, at the current CETA subsidy structure. MOTION: Moved: Vote: Absent: to authorize the transition to regular employ of Jim Lombard, Parks and Recreation Supervisor Bergsund, Seconded by Rockey Unanimous none 2. POLICE REPORT - February 1979 Councilman Rockey expressed concern about the number of hours of overtime being worked by Chief Bailey and other policemen. His concern was for their health and well being. Math&/E~steAHDennis suggested that it was during crisis times as these that we dip Rodey into the reserves to hire extra people for a short time. The Police Report was accepted as presented. 8. Notice of Completion - Avenida Miraflores Subdrainager This item was accepted as presented. City Council Minutes #49l March 7, 1979 Page 4 x. ADJOURNMENT There being no further business of the City Council, Mayor Edelstein adjourned the meeting at 12:50 a.m., Thursday, March 8, 1979, sine die. ~ L EDELSTEIN, MAYOR City of Tiburon ATTEST: R.f!~ ty Clerk CITY COUNCIL Minutes #491 March 7, 1979 Page 5 CORFECTED CITY OF TIBURON CITY COUNCIL CALLED TO ORDER The regular meeting of the City Council of the City of Tiburon was called to order by Mayor Edelstein at 7:35 pm, Wednesday, March 21, 1979, in the City Manager's office, City Hall, Tiburon, California. I. ROLL CALL PRESENT: ABSENT: COUNCILMEN: COUNCILMEN: Mayor Edelstein, Bergsund, Bass, Rockey Hanson EXECUTIVE SESSION Mayor Edelstein adjourned the meeting to Executive Session at 7:36 p.m. for the purpose of discussing pending and current litigation. REGULAR MEETING Mayor Edelstein reconvened the City Council for the regular business meeting session at 8:10 pm in the Council Chambers, Reed School, Tiburon, California. EX OFFICIO PRESENT: R. Kleinert, City Manager: R. Hanna, Director of Community Development: S. Bala, City Engineer: L. Brunini, Superintendent of Public Works: J. Bailey, Chief of Police: R. Conn, City Attorney: J. Lombard, Parks and Recreation Director: B. Kraft, Minute Clerk II. APPROVAL OF MINUTES #491 - change Item 2, 3rd line to "Rockey suggested....." MOTION: Moved: Vote: Absent: to approve Minutes #491 as amended Bergsund, Seconded by Rockey Unanimous Hanson III. MAYOR'S COMMENTS Mayor Edelstein opened his remarks by saying it had been an interesting year in which to be Mayor, one that had both confrontations and developing friendships. He reminded everyone how Proposition 13 had seemed like a "terminal disaster" and said the long term solutions are still to come from Sacramento. His frustration comes from the length of time it takes to accomplish anything. Much of the work involves finishing work begun by previous Councils and this will continue for future Councils. The Mayor expressed pleasure over continuing talks and improved relations with Belvedere. He cited problems still demanding work and solutions as the Southern Pacific property, Ring Mountain, Downtown Turnaround, Trestle Glen signalization, and possible annexation of Strawberry. Referring again to the length of time it takes to complete projects and solve problems he quoted former Mayor George Ellman, "what is not done is as important as what is done." Councilman Bass thanked Mayor Edelstein for doing a "superb job" as Mayor and for being such a help to new Council members. Councilman Bergsund described Mayor Edelstein's leadership as "exemplary" and said it was a pleasure to work with him. Councilman Rockey also expressed his appreciation to the Mayor. IV. ELECTION OF MAYOR AND MAYOR PRO-TEMPORE According to tradition the City Manager chaired the meeting for the election of Mayor for 1979-80. He declared the nominations opened. MOTION: Moved: To elect Joan Bergsund Mayor of Tiburon for 1979-80. Edelstein, Seconded by Bass Moved: There being no further nominations that the nominations be closed Rockey, Seconded by Bass MOTION: City Council Minutes #492 March 21, 1979 Page 1. Vote: Unanimous Absent: Hanson Mrs. Bergsund was elected by acclamation. Mayor Bergsund took over the gavel and as her first official duty conducted the election of the Mayor Pro-Tempore. Moved: To elect Philip Bass as Mayor Pro-Tempore of the City of Tiburon for 1979-80. Edelstein, Seconded by Rockey MOTION: MOTION: There being no further nominations that the nominations be closed. Edelstein, Seconded by Rockey Unanimous Hanson elected Mayor Pro-Tempore by acclamation. Moved: Vote: Absent: Mr. Bass was V. CITY COUNCIL, COMMISSION AND COMMITTEE REPORTS A. Bel/Tib Recycling Depot Operation (Public Services Committee) Councilman Rockey reported on the meeting held with Neill Smith, Al Aramburu, Chut Dami, Tom Price and officials from the City of Belvedere concerning the recycling depot. There is an agreement that an attempt will be made to keep the recycling depot operational. Neill Smith will support this effort and supervise the transition when he closes the center on or about April 1. One suggestion that has been made is for people choosing re-cycling as part of their garbage pick-up would get a correspondingly reduced garbage rate. Mayor Bergsund reported that Mr. Garbarino of Marin Sanitary Service may organize a recycling pick-up on a County wide basis. B. Condominium Conversion Moratorium (Planning Commission Recommendation) Director of Community Development Bob Hanna reported that the Planning Commission had discussed the request from the City Council to consider recommending a moratorium on condominium conversion in the R-2 Zone. The Planning Commission felt that it was satisfactory to review each individual project and that a moratorium was unnecessary at this time. He stated that representatives of the Lyford's Cove/Old Tiburon area were in attendance at the Planning Commission meeting and that they support the idea of a moratorium. Bass asked if there is presently any applicant asking for a conversion in the R-2 zone. Hanna replied there is one. Bass said that he would like to have the moratorium for a short period of time so that the Council could review and perhaps re-organize the Zoning ordinance. The ordinance could be enacted as an urgency ordinance to take effect immediately but it would require a 4/5 vote of the council. MOTION: to direct the City Attorney to prepare an ordinance establishing a moratorium on condominium conversions in the R-2 zone. Moved: Rockey, Seconded by Bass. Bergsund offered an amendment to make this an urgency ordinance which was accepted by Rockey. Vote: Unanimous Absent: Hanson City Attorney Conn will bring the draft ordinance to the April 4th meeting if it is determined that legally this can be done without first presenting it to the Planning Commission. Rockey expressed the 'hope that the moratorium would be only a few months. VI. APPOINTMENTS TO COMMISSIONS, COMMITTEES AND BOARDS There are two (2) vacancies on the Fine Arts Commission. VII. PUBLIC QUESTIONS AND COMMENTS Councilman Bass complimented City Attorney for his fine work relating to the Agins vs. City of Tiburon court case. The Supreme Court recently ruled in favor of the City. He expressed a great vote of thanks to the City Attorney for this benchmark decision. VIII. CONSENT CALENDAR City Council Minutes #492 March 21, 1979 Page 2. Items #3 and #4 were removed from the Consent Calendar for further discussion. Item #9 was moved to the Consent Calendar for adoption. MOTION: Moved: Vote: Absent: To approve the amended consent Calendar consisting of the following items: 1. Marin Citizens for Energy Planning (Endorsement of Local Cities Project) 2. SMSSA Upgrading of Regional System (Status Report) 9. Town of Tiburon Designation (Submittal of petition and authorization to proceed with Ordinance) Edelstein, Seconded by Rockey Unanimous Hanson IX. PUBLIC HEARINGS MERGER OF CONTIGUOUS PROPERTIES (Ordinance, 2nd Reading) Director of Community Development Hanna explained that the Planning Commission felt that it had discussed this item fully and that it was not necessary to meet with the Ad Hoc Committee to deba~~trfurther. The recommendation was to hold second reading and adopt the '~g~et. Mayor Bergsund opened the public hearing. Peter Berg said that this ordinance would adversely affect his property, he thinks the ordninance is too broad and not concise enough to be effective. Louise Mirata' spoke against the merger of contiguous property ordinance saying that it has not been given enough public exposure and that many people affected don't know anything about it. Gary Gray asked how many properties in Tiburon would be affected and wondered whose idea it is to have this ordinance. Mayor Bergsund closed the public hearing. Edelstein asked if there were any people who would be willing to go to the Assessor's office and check the map to determine the number of affected parcels. Rockey suggested that if there is insufficient staff time to support a negative declaration on this ordinance perhaps we should drop it for the time being. Bass recapped the law concern- ing merger of contiguous properties and said that we should have this ordinance in order to clarify many problems. Edelstein suggested that by simply changing the wording in line 6 of #14-72 Merger to read "with a building and that the undeveloped parcel" clarifies the ordinance more fully. MOTION: Moved: Vote: Absent: to read the Ordinance by title only containing the revised wording suggested above. Edelstein, Seconded by Bass Unanimous Hanson Mayor Bergsund read the Ordinance by title only, AN ORDINANCE OF THE CITY OF TIBURON AMENDING TITLE IV, CHAPTER 14, BY ADDING SECTION 14-72 PROVIDING FOR MERGER. MOTION: Moved: Vote: Absent: X. BUSINESS to accept the above Ordinance for first reading Edelstein, Seconded by Bass Unanimous Hanson 3. AUTHORIZATION TO EXECUTE GRANT DEED (Sale of Property) MOTION: Moved: Vote: Absent: to authorize the Mayor to execute the Grant Deed for the sale of property to Pacific Telephone Company by accepting Resolution No. 1038, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON AUTHORIZING THE MAYOR TO EXECUTE, A DEED FOR THE SALE OF PROPERTY PACIFIC TELEPHONE COMPANY. Edelstein, Seconded by Rockey Unanimous Hanson 6. TIBURON BOULEVARD UNDERGROUNDING OF UTILITIES (Authorization to proceed with Phase II and Setting of Public Hearing to designate Underground Utility District) City Council Minutes #492 March 21, 1979 Page 3. The City Manager explained that the initial phase of the Tiburon Boulevard undergrounding is now underway and the utility companies are prepared to proceed with the 2nd phase of undergrounding in the vicinity of Rock Hill - Tiburon Boulevard intersection. He recommended that Council set a public hearing for Wednesday, April 4, 1979, to consider and designate this area an Underground District as required in Section 12 of the City Code. Rockey asked if the entire cost of this phase of the undergrounding will be the $55,000 quoted. Dick Conrad of PG&E said yes. Edelstein asked if our City Engineer fees in a project like this one can be applied to the Rule 20A funds. A decision will be sought from the PUC for this question. By consensus the Council set Wednesday, April 4, 1979, for a public hearing to consider and designate the Tiburon Boulevard 2nd Phase Utility Undergrounding District. 7. BEL/TIB JOINT RECREATION COMMITTEE JPA REVISIONS (Resolution) Mayor Bergsund asked that this item be continued to April 4, 1979. Edelstein asked that the JPA include a requirement that the Committee follow the policies of both the City of Belvedere and the City of Tiburon and that the minutes of the Joint Committee meetings be forwarded to each City. 8. TIBURON SCHOOL CONVERSION (Acceptance of Feasibility Study by EHA and Authorization to proceed with next stage) The Director of Community Development explained that per Council's request there had been a further meeting with representatives of the Housing Authority, EAH, Reed Union School District and the Council Community Services Committee. The feasibility study appears appropriate to assess the school conversion. He emphasized that it is important that the City apply for the Section 8 allocation funds from H.U.D.quickly, the deadline is in fact May 9, 1979. Edelstein asked when the preliminary drawings of the project can be reviewed. Jan Miller of the Housing Authority of Marin said that there will be leeway between the preliminary application and the finalized one so that drawings can be reviewed and revis-ed. Gary Gray asked if the parkland adjacent to the school will remain as parkland for the community. Edelstein said that he wants this land to be included in the application as a play area for the community. MOTION: Moved: Vote: Absent: MOTION: Moved: Vote: Absent: to accept the feasibility study Rockey, Seconded by Edelstein Unanimous Hanson to authorize the Housing Authority to apply for H.U.D. Section 8 funds pursuant to the Mar.ch 1979 notice that funds are available for substantial rehabilitation for elderly housing in Marin. Rockey, Seconded by Edelstein Unanimous Hanson IX. STAFF REPORT, COMMUNICATIONS AND CITY MANAGER ITEMS 10. McKegney Green Fees (Joint Committee Revisions) Parks and Recreation Director, Jim Lombard, summarized the Joint Committee's thinking regarding the fee schedule proposed for McKegney Field. Rockey asked how the in lieu system would work, how it would be computed and who would monitor it. Lombard suggested that if the Soccer League agreed to cut the grass, keep it fertilized, etc. this would constitute an in lieu fee for their use. Superintendent of Public Works Brunini said that often volunteer services are difficult to maintain and problems may arise with the in lieu system. Council suggested referring back to the Joint Committee a question about guidelines for giving money or services. MOTION: Moved: Vote: Absent: to approve the fee schedule and revision in the user fee policy as submitted Bass, Seconded by Rockey Unanimous Hanson ll. Communications City Council Minutes #492 March 21, 1979 Page 4. A. There was a letter from former Supervisor Tom Price regarding open space acquisition assistance. Council expressed interest in this idea. B. There was a letter from Supervisor Gary Giacomini regarding the Marin Municipal Water District's proposal to do some logging on Mt. Tamalpais. Council declined to take a position at this time until further information is available. C. There was a letter from Supervisor Gary Giacomini asking for an appointee to the County Wide Plan Transportation Element Committee. Council appointed Hanson, with Bass as the alternate. D. There was a letter from the Golden Gate Bridge, Highway and Transportation District informing Council of an up coming workshop on the Wave Mitigation and asking for a representative to attend. Council appointed Edelstein, with Planning Commission Chairman Wilson as alternate. E. City Manager Kleinert reported on a letter received from residents on Venus Court concerning large trees and blocking of the view. He will further discuss this problem with Police Chief Bailey. F. There was a letter from David Ring regarding the speed limit along Paradise Drive. G. The City Manager reported that 3rd District Supervisor Rice is establishing a consolidation committee to study ways the Parks and Recreation activities and Public Works can be consolidated in the 3rd District. Rockey was appointed as Council's representative to this committee. 4. ZONING ADMINISTRATOR POSITION (Authorization to fill position) The City Manager explained that because of the resignation of Jean Ellingsen White he would like authorization to fill the position of Zoning Administrator. He also suggested that this new position be filled by a person with direct Planning experience who could also serve as an Associate Planner for Bob Hanna. MOTION: to authorize the filling of the position of Zoning Administrator. Moved: Rockey, Seconded by Bass Vote: Unanimous Absent: Hanson There being no further business of the City Council, Mayor Bergsund adjourned the meeting at 11:45 pm, Wednesday, March 21, 1979, s~ne die. '/ I j/ 1/') "r f---,. c,dKr 1 i[~h ~ JOAN . BERGSUND, Mayot City of Tiburon ATTEST: R. L. KLEINERT, City Manager/Clerk City Council MInutes #492 March 21, 1979 Page 5. CITY OF TIBURON CITY COUNCIL CALL TO ORDER The regular meeting of the City Council of the City of Tiburon was called to order by Mayor Bergsund as a City Council-Planning Commission Workshop session at 6:50 p.m., Wednesday, April 4, 1979 in the Council Chambers, Reed School, Room 9, Tiburon, California. I . ROLL CALL PRESENT: COUNCILMEN: Bergsund, Edelstein, Bass, Rockey, Hanson (arrived at 7:15 p.m.) PLANNING COMMISSIONERS: Wilson, Spratling, Gimmy ABSENT: COUNCILMEN: none PLANNING COMMISSIONERS: Barsimanto, Elbert, Forell, Davoren EX OFFICIO: R. L. Kleinert, City Manager: R. Hanna, Director of Community Development, S. Bala, City Engineer, J. Bailey, Chief of Police II. BUSINESS l. DOWNTOWN MAIN STREET TURNAROUND City Manager Kleinert gave the background information about the proposed Main Street turnaround. City Engineer Bala explained the alternative suggestions for accomplishing this. Several members of the audience representing the Downtown Merchants and the Chamber of Commerce spoke against any of the alternatives. Merchants, particularly those along Ark Row, feel that any changes on Main Street regarding the turnaround, and/or cillosing of Main Street would adversely affect their business. Mayor Bergsund began the Council's comments by saying she thought, in view of the merchant's opposition that the turnaround should be tabled for the time being. She further suggested that the Ark Row merchants begin the procedure for getting a sign up on Main Street directing visitors to the Ark Row Shops. Councilman Rockey concurred with the Mayor's comments as did Councilman Bass. Councilman Edelstein suggested that inasmuch as pedestrians now use Main Street almost as a "mall", that automobiles, indeed, are a hazzard, that closing Main Street occasionally would not adversely affect the merchants and that the widening of the sidewalk opposite the Sullivan Building would, in fact, enhance the shops on Ark Row. Councilman Hanson was concerned about maintaining both cooperation and communication between the Council and the merchants and for this reason agreed that it would be best to table action regarding the turnaround. Planning Commission Chairman Wilson encouraged the City Council not to drop the turnaround completely, but agreed that it would be best to put it off until perhaps October, and to monitor the Main Street activities during the interim. Planning Commissioner Spratling felt the advantages outweigh the disadvantages and the City should proceed. Planning Commissioner Gimmy agreed that the matter could be tabled. MOVED: Vote: to table the Downtown turnaround but with all conditions of the agreement between Mr. Zelinsky and the City to remain in effect. Rockey, Seconded by Hanson Ayes: Bergsund, Bass, Rockey, Hanson Noes: Edelstein MOTION: III. ADJOURNMENT There being no fu~ther business of the City Council and the Planning Commission, Mayor Bergsund adjourned the session at 8:10 p.m. to the regular meeting of the City Council. CITY COUNCIL MINUTES #493 CITY OF TIBURON CITI COlJNCr L CALLED TO ORDER The regular meeting of the City Council of the City of Tiburon was called to order at 8: 22 p.m., Wednesday, April 4, 1979, by Mayor Bergsund in the Council Chambers, Reed School, Tiburon, California I. ROLL CALL PRESENT: COUNCII11EN: Bergsund, Rockey, Hanson, Bass, Edelstein ABSENT: None EX OFFICIO: R. Kleinert, City Manager; S. Bala, City Engineer; R. Hanna, Director of Corrmuni ty Development; G. RafT.,ghianti, Deputy City Attorney; L. Brunini, Superintendent of Public Works; J. Bailey, Police Chief ~ J. Lombard, Director of Parks and Fecreation; B. Kraft, Minute Clerk ll. APPROVAL OF MINUTES #492 - correct spelling of word "merger" on page 3. Section 9, line 4. MOTION: MOVED: VOTE: To approve Minutes #492 as amended Rockey, Seconded by Bass AYES: Bergsund, Bass, Rockey, Edelstein NOES: none ABSTAIN: Hanson III. CITY COUNCIL, COMMISSION AND COMMITTEE REPORTS A. Tiburon School Conversion - Councilman Rockey reviewed the status of this project. The acquisition of the property is being handled by the County of Marin. They are still looking for interested people from the private sector for financing, however it may be mon:: feasible to have it be a non-profit cooperative agreement between the Housing Authori ty and the City. The agreement is being drafted and will be available for review by Council at t~e next meeting. B. Mayor Bergstmd reminded everyone of the Marin Youth Orchestra concert on Sunday, April 8th. Councilman Edelstein asked that future concerts be coordinated so as not to coincide with other musical events. IV. PUBLIC QUESTIONS AND COMl'1ThTTS A. Mayor Bergsund announced that the discussion by Joe Garbarino of Marin Sanitary Services regarding recycling would be put over until the next meeting. v . CONSDlT CALEtIDAR MOTION: To approve the consent calendar consisting of the following items: l. POLICE REPORT ( March 1979) 2. FINANCIAL REPORT ( March 1979) 3. CLAIM FOR PERSONAL INJURY (M. Schoop, recomrnend denial) 4. ENCROACHMENT PERMIT (Hilary Drive, Recorrrnend denial) 5 . PISTOL RANGE USE AGREEMDIT MOVED: VOTE: ABSENT: Hanson, Seconded by Edelstein Unanimous None VI . PUB LIe HEAEINGS CITI COUNCIL #494 MINUTES ft}4~p April 4, 1979 6. DESIGNATION OF UNDERGROUND UTILI'IY DISTRICT (2nd Phase along Tiburon Boulevard in the vicinity of Rock Hill Road intersection) Hayor Bergsund reviewed the background of t:!1e Underground Utility District and opened the public hearing. Hearing no comments she declared the Dublic hearing closed. Rockey asked how the date of completion of August 1, 1980 had beer. arrived at. Richard Conrad of PG&E answered that PG&E had suggested that date and Pacific Telephone concurs. He also stated that PG&E will begin the work soon. ~10TI 0\1 : Hoved: Vote: Absent: to adopt Resolution No. 1040, A RESOLUTION OF THE CI'IY COUNCIL OF THE CITI OF TIBURON ESTABLISHING 2nd WASE UNDERGROUND lITILITY DISTRICT ALONG TIBURON BOULEVARD TO ROCK HILL ROAD. Edelstein, Seconded by Rockey Unanimous none 7. !1ERGER OF CONTIGUOUS PROPERTIES (Ordinance, 2nd Reading) Mayor Bergsund opened the public hearing. Resident Peter Berg stated that his concerns about this ordinance have been satisfied, and that he ncw feels the ordinance is fair and just. Coucilman Edelstein also stated that he is satisfied with the changes made by the City Attorney. Mayor Bergsund closed the public hearing. HOTION: Moved: Vote: Absent: ~1fOTION : Moved: Vote: Pbsent : VII. BUSINESS to certify the negative declaration Environmental, Checklist. Rockey, Seconded by Hanson Unanimous none to adopt Ordinance 210 N. S. ~ AN ORDINPNCE OF 'IRE CITY OF TIBUR.oN AMENDING TITLE IV, CHAPTER 14, BY ADDING SECTION 14-72 PROVIDING FOR MERGER Bass, Seconded by Rodey unanimous none 8. PG&E SERVICE COtITINUITI LINE This item was continued to the April 18, 1979 meeting. 9. TOvJN OF TIBURON DESIGNATION (Ordinance, 1st reading) Hayor Bergsund opened the public hearing. Resident Eugenia Marans spoke in favor of changing the designation of Tiburon from "City" to "Town". Hearing no other camnents, Mayor Bergsund closed the public hearing. MOTION: Moved: Vote: Absent: to read the Ordinance by title only Hanson, Seconded by Bass Unanimous none Mayor Bergsund read Ordinance No. 209, AN ORDIN1\NCE OF THE CI'IY OF TIBURON ELIMINATING THE t'JOPJ) "CIlY" FROM THE CORPOHATE NAME AND SUBSTITUTING IN ITS PIACE THE HORD ""'OV1N". MOTION: Moved: Vote: Absent: to accept the lst reading of the Ordinance above. . Edelstein, Seconded by Hanson Unanimous none 10 · CONOOMINIUM CO!\T\TERSION MOPATORIUM (Urgency Ordinance) Director of Community Development Bob Hanna reviewed the background of this issue and reminded Council that the condominium conversion moratorium being discussed is for the R-2 zone only. It was noted that an urgency ordinance requires a 4/5 approval to allow passage. 494 City Council Hinutes #~~ April 4, 1979 Page 2 Hanson spoke against the rnoratoritUTl saying the Planning Commission had recommended against it twice and Council has not received the reconrnendations of the Ad Hoc Corrmittee. Bass spoke in favor of the moratoritnn saying it would keep the staus quo until the R- 2 Zoning Ordinance can be modified. Mayor Bergsund opened the public hearing. Speaking against the moratorium were Philip DH1aria, John Harris, John Hill, Darrel Gisvold, Bob San Chez, David Rath. Speaking in favor of the moratorium were residents Bill Krivda, Louise Hirata, Nat Harans, Dave Teather. After two hours of discussion Mayor Bergsund closed the public hearing. Rockey said that he would support the mora- torilDTI reluctantly but would not support an extension of it if the staff was unable to draft revisions to the R- 2 zone by the end of the 4 months. Hanson again spoke against the moratorium saying that the process of handling each application individually was sufficient. Bass spoke in favor of the moratorium saying that u months would give staff enough tirre to change the zoning ordinance and would not dramatically effect anyone. Edelstein said that he would not support the moratorium at this time but, if at the end of 60 days, progress had not been made in modifying the zoning ordinance he would re-introduce the moratorium. as an urgency ordinance. Mayor Bergsund indicated that she would support the moratori um at this time. MOTION: to read the Ordinance by title only Moved: Bass, Seconded by Hanson Vote: trrlanirnous Absent: none Mayor Bergsund read Ordinance #212, N. S., Al\T lJRGENCY INTERIM ORDINAt'ICE OF THE CITI OF TIBURON TEMPORARILY PROHIBITING CONSTRUCTION OF, OR CONVERSION OF EXISTING STRUCTURES TO, CONDOMINIUMS IN THE R- 2 ZONING DISTRICT MOTION: to adopt the urgency ordinance above Moved: Bass, Seconded by Hanson Vote: Ayes: Bergsund, Rockey, Bass Noes: Hanson, Edelstein Absent: none The motion failed as it required a 4/5 vote to pass. VIII. STAFF REPORT, COt-1MUNICATIONS AND CITY MANAGER ITEMS 11. Appointments to Commissions, Boards and Corrmi ttees - City Manager Kleinert re-introduced his policy recorrrnendations for interviewinf and filling vacancies on Board and Commissions. COtrrlcil agreed by consensus to implement this idea. l2. Tiburon Town Meeting - City Manager Kleinert asked if Council wanted to schedule a Town Meeting. It was decided that in view of the public hearings scheduled regarding the budget for 1979-1980 that it would be best to put off having a town meeting at this time. 13. Tiburon Boulevard Drainage - City Engineer Bala explained that all the bids that have come in for this project has been exceptionally high and recorrmended that the City go out to bid again. Council agreed. Cotrrlcilman Edelstein described a bicycle accident that he had witnessed on the Multi-Use path and suggested ways that we may begin to think of up-grading the safety on this mos~ successful of Tiburon's projects. Mayor Bergstrrld reminded everyone of the party for Jean Ellingsen \\7hite on Thursday, April 5th at Sam's. Councilman Edelstein asked to have a discussion of Marin Municipal \^7ater District's proposed logging of Mt. Tamalpais put on the next agenda. There being no further business of City Council, Mayor Bergsund a adjourned the meeting at 12: 50 a.m., Thursday, April 5, 1979, sine die. A'ITEST: I) () t.f:t . Bergsund Ci ty Council Minutes #4W April 4, 1979 Page 3 "CORRECTED' , TOWN OF TIBURON TOWN COUNCIL ~AI.LED TO ORDER he regu.~ar meeting of the City Council of the City of Tiburon was called to order at 8:05 PM by Vice-Mayor Philip Bass. The meeting was held in the City Council Chambers, Room 9, Reed School, Tiburon, California. I . ROLL CALL PRESENT: COUNCILMEN: Bass, Rockey, Edelstein ABSENT: COUNCILMEN: Bergsund, Hanson EX OFFICIO PRESENT: R. Kleinert, City Manager; R. Hanna, Director of Community Development; J. Bailey, Chief of Police; L. Brunini, Superindendent of Public Works; S. Bala, City Engineer; G. Ragghianti, Deputy City Attorney; B. Kraft, Minute Clerk I I . APPROVAL OF MINlITES #493 - A joint workshop with the Planning Commission and the City Council was admitted for approval #493 - were corrected to be #494 MOTION: MOVED: VOTE: To approve Minutes #493 as submitted. Edelstein, Seconded by Rockey AYES: Edelstein, Bass, Rockey NOES: None ABSENT: Bergsund, Hanson To approve Minutes #494 as submitted Rockey, Seconded by Edelstein AYES: Edelstein, Bass, Rockey NOES: None ABSENT: Bergsund, Hanson MarION: MOVED: VOTE: III. CITY COUNCIL, C<Mv1ISSION AND CQ\t.1IITEE REPORTS A. Marin Countywide Plan - Revision of Transportation Councilman Bass reviewed the highlights of the meeting he had attended on Thursday, April 5th. He described a task force being formed to revise the County wide plan. There was Council consensus that Tiburon should participate in this effort. B. Southern Pacific Plan Application and Workshops Councilman Edelstein reported that he, along with Mayor Bergsund, City Manager Kleinert, and Director of Community Development Hanna had recently met with Southern Pacific representatives, Finsterbusch and Brewer at the Fisher-Friedman Architectural firm. He expressed optimism the the Railroad is listening to what the City desires in the Downtown plan. The next workshop with Southern Pacific will be on April 30th at 7:30 PM in the Council's chambers. C. Angel Island Ferry Rate Increase - PUC Hearing Councilman Edelstein explained that he had gone to this PUC hearing ~/ repre~enting the JlN ).:N~;t~f,#/v /f/1lJPtpN tkf,/l.IJkNc/. The compromise plan which is being ~ouncll as an submitted to the PUC will set the rates for the ferry to Angel Island lnterested party. at $2.25 for adults, $1.00 for people 12-17 years old, bicycles will be 50~. There was a discussion of a family plan, a season ticket. For this year a count will be kept and then a plan submitted for consideration next year. Also, there will be no further requests for increases through 1979. CITY COUNCIL MINlITES # 495 APRIL 18, 1979 D. Joint Tiburon Peninsula Goverrunental Agencies Counci~an Edelstein reported that after several meetings the Joint Agencies are now close to a Joint Powers Agreement regarding Public Works. There will be a consideration of sub-contracting Parks and Recreation maintenance to a private contractor. The different agencies will be submitting a scope of services report soon so that this project can ~~g~/ be evaluated and hopefully concluded. IV. APPOIN1MENTS TO COMv1ISSIONS, COM\1ITIEES AND BOARDS None V. PUBLIC QUESTIONS AND CQ\1MENTS A. Belvedere TiburonRecycling Depot City Manager Kleinert explained that two proposals have come in for continuing the management of the recycling depot after Neill Smith discontinues his operation. One.is fran the Mill Valley Refuse Company and is contingent upon receiving a grant under SB 650 and the other is from Marin Citizens from Energy Planning and involves hiring CETA personnel. Kleinert suggested deferring a decision on this matter until Mayor Bergsund returns as she is the one who has worked most closely with this issue. Rod Charney of MCEP was in the audience and answered some questions of Council. Edelstein stated that at this time he leans towards the Mill Valley Refuse proposal. This will return for further consideration and discussion on May 2nd. B. Letter from Kirby Atterbury regarding Parking at the Caprice Resturant City Manager Kleinert referred to a letter from Atterbury once again re- questing City support for solving the parking problem at the Caprice. Chief Bailey continues to recommend that this problem be put in abeyance 1.llltil the Southern Pacific Downtown plan is approved. Council took no action at this time but Counci~an Edelstein suggested to Joyce Power of of Caprice that they might once again approach Southern Pacific and try to lease space from them for parking. VI . CONSENT CALENDAR Item #1 was removed from the consent Calendar for further discussion. MJTION: To approve the amended Consent Calendar consisting of the following items: 2. RESIDENTIAL BUILDING RECORDS (Proposed revisions to fonn) 3. USE PERMIT MJDIFlCATIONS RELATING 1D FINANCIAL INSTITIITIONS (Consideration of Amendment to Zoning Ordinance) MOVED: Edelstein, Seconded by Rockey VOTE: AYES: Edelstein, Bass, Rockey NOES: None ABSENT: Bergsund, Hanson VII. PUBLIC HEARINGS 10. TOWN OF TIBURON DESIGNATION (Ordinance, 2nd reading) Vice-Mayor Bass opened the public hearing. Eugenia Marans urged support support of this matter and relayed the support of Branwell Fanning/cP#' Resident Bob and JOM Harris.;/~mt~ also offered his support. There being no other public comments, Vice-Mayor Bass closed the public hearing. MOTION: To read Ordinance No. 209 N.S. by title only. MOVED: Rockey, Seconded by Edelstein VOTE: AYES: Bas s, Rockey, Edels tein NOES: None ABSENT: Bergsund, Hanson Vice-Mayor Bass read Ordinance No. 209 N.S., AN ORDINANCE OF THE CITY OF TIBURON ELIMINATING THE WORD "CITY" FRCM 1HE CORPORATE NAME AND SUB- STITIITING IN ITS PLACE THE WORD "TOWN". CITY COUNCIL MINUTES #495 APRIL 18, 1979 PAGE 2 MOTION: MOVED: VOTE: To adopt Ordinance No. 209 N.S. as presented Rockey, Seconded by Edelstein AYES: Rockey, Bass, Edelstein NOES: None ABSENT: Bergsund, Hanson 4. PLANNING CCl\MISSION APPEAL (Denial of Condominium permit at 2298 Paradise Drive) VIII. BUSINESS This item was continued to the meeting of ~y 2, 1979. 5. LYFORD'S COVE/OLD TIBURON AD HOC Ca.1MITTEE (Fine reconnnendations concerning R-2 Zone and Traffic and Circulation) Director of Community Development Hanna reviewed the recommendations of the Ad Hoc Connnittee. The four major ones affecting the Zoning Ordinance are: 1. Parking regulations should be modifieq...1!.o Iefle~t a re9M;~rement . of two parking spaces for eacHe~ellingynt~ lRddret6rrlpnpaFkf.Rgd~p~ee~ converSlons. provided if modification of the present dwelling exceeds 10% to 12% of the replacement of cost of the building; 3. Parking property in the R-2 zone; 4. Dramatic increase in fines for illegal dwelling units. Residents Nat Marans, John Harris, and Mr. Heacocks all spoke regarding the recommendations and the Ad Hoc Committee meetings. During the discussion the Deputy City Attorney cautioned that perhaps the 3rd and 4th recommendation of the Ad Hoc Committee would be illegal. MOTION: To direct staff to prepare ordinance drafts incorporating recommendations #1, 2, 3 adhering to the law, to be presented to the Planning Commission for public hearing. MOVED: Edelstein, Seconded by Rockey VOTE: AYES: Bass, Edelstein, Rockey NOES: None ABSENT: Bergsund, Hanson Council further directed staff to send those recommendations pertinent to the Traffic Safety Connnittee to be considered at their next meeting. Vice-Mayor Bass declared a recess at 9:50 PM for the purpose of an executive session to discuss pending litigation. He re-convened the regular meeting at 10:05 PM. 6. PG&E SERVICE CONTINUITY LINE (City Authorization to PG&E to proceed with project) City Manager Kleinert reviewed the proposed agreement between PG&E and the City. MOTION: To certify the negative declaration EIR as recommended by the Planning Commission. MOVED: VOTE: MOTION: MOVED: VOTE: Rockey, Seconded by Edelstein AYES: Bass, Rockey, Edelstein NOES: None ABSENT: Bergsund, Hanson The City Staff remove the stop work order and authorize construction of the service continuity line, and to direct the City Attorney to write a letter so stating. Rockey, Seconded by Edelstein AYES: Bass,Rockey, Edelstein NOES: None ABSENT: Bergsund, Hanson 8. MlRAFLORES ASSES~NT DISTRICT Councel Edwin Ness explained the resolutions before the Council for approval and asked that Resolutions Exhibit #3 and 4 and 5 be continued to the May 2nd meeting. MOTION: To approve Resolution #0141 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF TIBURON ACCEPTING WORK AND FINAL CONTRACT COSTS AND DIRECTING CLERK TO RECORD NOTICE OF CCM'LETION IN MlRAFLORES PROJECT ASSESSMENT DISTRICT, CITY OF TIBURN, MARIN COONTY, CALIFORNIA. CITY COUNCIL MINlITES 495 APRIL 18, 1979 PAGE 3 MOVED: varE: MOTION: MOVED: VOTE: Rockey, Seconded by Edelstein AYES: Bass, Rockey, Edelstein NOES: None ABSENT: Bergsund, Hanson To approve Resolution No. 1042, A RESOLUTION OF 1HE CIlY COUNCIL OF TIlE CIlY OF TIBURON AMENDING DESIGNATION OF ENGINEER OF WORK FRCM 1HE MlRAFLORES PROJECT ASSESSMENT DISTRICT. Rockey, Seconded by Edelstein AYES: Bass, Rockey, Edelstein NOES: None ABSENT: Bergsund, Hanson 7 . TIBURON SCHOOL CONVERSION (Review of Housing Authori ty-Ci ty of Tiburon Agreemen t) Director of Community Development Hanna reviewed the memorandum of understanding between the Housing Authority of Marin and the City. Bass expressed some concern that at the end of the lease agreement that the City would still own the property. Edelstein suggested adding the words "or its nominee" at the end of #7. MOTION: MOVED: VOTE: To authorize the Mayor to sign the memorandum of understanding as amended. Rockey, Seconded by Edelstein AYES: Bass, Rockey, Edelstein NOES: None ABSENT: Bergsund, Hanson 9. POINT POWERS AGREEMENT (Belvedere/Tiburon Joint Recreation Committee) Councilman Edelstein suggested some additions to the Joint Powers Agreement, namely, in section 3, after the 6th line add "and to the adopted policies of both Cities" and in section 6, add, "copies of the minutes of each meeting shall be promptly forwarded to each City". Councilman Rockey suggested adding in Section 10, "to divide the funds ln same proportion as they were put in" and in Section 10 change 30 days to 180 days. It was Council's consensus to continue this item until the May 2nd meeting. 1. TRAFFIC SAFElY REPORT (April 1979) Councilman Rockey asked about the recommendation regarding the installation of a "stop sign" on Round Hill Road at Lyford Drive and requested that this be deferred until it could be presented to the Howeowner's Associations affected. Vice-Mayor Bass asked if Item #2, the Marin Racers Run on August 19th had been before the Parks and Recreation Commission. It was suggested that they be asked to begin the run at an earlier time and perhaps a fee be charged for parking cars, * This will come before Council on May 2nd with the Parks and Recreation Recommendations. *but after discussion it was con- cluded that this may have a negative impact upon adjacent neighborhood streets. MOTION: To accept the Traffic Safety Committee Report as amended MOVED: Rockey, Seconded by Edelstein VOTE: AYES: Bass, Rockey, Edelstein NOES: None ABSENT: Bergsund, Hanson 3. USE PERMIT MODIFICATIONS RELATING TO FINANCIAL INSTllUTIONS (Consideration of Amendment to Zoning Ordinance) There was a brief discussion regarding this matter and Deputy City Attorney cautioned that legally a C~~~ is allowed to restrict the number of financial insti tutions r:ldrinig /nit/d IYcMf /Wt /ridt /t/d /1/tif/ /f/i:t/f/rl:t/ /d1 /lri1iWlt/lui /r:lcJrirIf/tlt/idri / leasing or owning spa~ouncil directed the Director of Community Development and the City Attorney to further investigate the possibilities of amending the zoning ordinance. lia s I 8elstein su~estedtthW~' ilar PMJoc edinQs also be applied to restaurants ...0. r >US1ue.s..se..s th. JJ9 :.en la lJJact n he Ctmlmunlty. - . '-. \ STAF POR, UMJIUN lcA1I NS MU Cl'. GER I 11. Board of Adjustments and Design Review City Manager Kleinert reviewed the meeting held with representatives of the Planning Commission, City Council and Board of Adjustments and Design Review. Edelstein wanted the notes to clarify the point that the Planning Commissioner serving on the Board of Adjustment and Review would be a voting member CITY COUNCIL MINUTES #495 APRIL 18, 1979 PAGE 4 Rockey also suggested ways that the process and the Board's functions could be streamlined. * This item will come back for further discussion in the future and for amendments to the ordinance that are wiiiiiiid/ appropriate. Bass supported the existence of the need for the Board. 12. Letter from Holiday Tours to City Manager dated March 21, 1979 City Manager Kleinert explained that Holiday Tours is requesting that Main Street be closed for the evening of September 11, 1979, to accommodate a number of Holiday Inn Managers who will be visiting Tiburon that evening. It was the consensus of the Council to approve this request with the understanding that Holiday Tours coordinate with our Police Department and that the City monitor the proceedings in order to further determine the feasibility of closing Main Street occasionally for this type of function. X. ADJOURNMENT There being no further business of the City Council, Vice-Mayor Philip Bass adjourned the meeting at 11:45 PM Wednesday, April 18, 1979, sine die. CITY COUNCIL MINUTES #495 APRIL 18, 1979 PAGE 5 Corrected TOWN OF TIBURON TOWN COUNCIL CALLED 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, May 2, 1979, in the Town Manager's office, Town Hall, Tiburon, California. I . ROLL CALL PRESENT: Councilmen: Edelstein, Bass, Rockey, Bergsund, Hanson ABSENT: none EX OFFICIO PRESENT: Kleinert, Town Manager: Conn, Town Attorney EXECUTIVE SESSION Mayor Bergsund adjourned the meeting to Executive Session at 7:32 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 8:25 p.m. in the Town Council Chambers, Reed School, Tiburon, California. EX OFFICIO PRESENT: Bala, Town Engineer: Bailey, Chief of Police: Brunini, Supt. of Public Works: Lombard, Director of Parks and Recreation: Hanna, Director of Community Development: Kraft, Minute Clerk II. APPROVAL OF MINUTES #495 - Page 1, III, C..."PUC hearing representing the Council as an interested party." Page 2, D..."so that this project can be evaluated and hope- fully concluded." Page 4, l---"for parking cars, but after discussion it was concluded that this may have a negative impact upon adjacent neighborhood streets." Page 4, 3..."financial institution leasing or owning space." Add to paragraph, "Bass and Edelstein suggested that similar proceedings also be applied to restaurants and other businesses with potential impact on the community." Page 5, second sentence added, "Bass supported the existence of the need for the Board." Change last word from warranted to appropriate. Page 2, lO." .'"period after Fanning. "Resident Bob Ellsberg and John Harris also offered his support." Page 3, III, 5, #l..."two parking spaces for each new dwelling unit in addition to condominium conversions.." MOTION: Moved: Vote: to approve Minutes #495 as amended. Rockey, Seconded by Bass Ayes: Rockey, Bass, Edelstein Noes: none Abstain: Bergsund, Hanson III. CITY COUNCIL, COMMISSION AND COMMTTTEEREPORTS A. Trestle Glen/Tiburon Boulevard Signalization Study Edelstein reviewed the final draft of the Alan M. Voorhees and Assoc. Inc. Trestle Glen/Tiburon Boulevard Traffic Signal Feasibility Study to be submitted to CAL/TRANS and the State for consideration. He stated that the goal is beginning construction in October, 1979. B. Tiburon Hills Estates Condominium Conversion Mayor Bergsund reported on the Board of Supervisors meeting concerning the appeal of the Planning Commission to deny DAON Corporation Town Council Minutes #496 May 2, 1979 Page 1 \ the conversion to condominiums of Tiburon Hills estates. The Supervisors continued the matter for one month and requested that DAON once again investigate the possibility of setting aside a percentage of units for rentals in perpetuity. At this time the Tiburon Town Council will not review this application again. C. Hamilton Air Force Base Mayor Bergsund reported that the Board of Supervisors will be making a decision regarding the future of Hamilton Air Force Base on May 15th. Some City Councils have made formal recommendations to the Board of Supervisors. Supervisor Wilhelm has requested that Tiburon make a recommendation. After a short discussion it was decided that the issue was too complex for our Council to decide in such a short period of time. Edelstein commented that we have a "fine Supervisor" representing the 3rd District and he is confident Mr. Rice can make this decision. IV. APPOINTMENTS TO COMMISSIONS, COMMITTEES AND BOARDS There were none at this time. V. PUBLIC QUESTIONS AND COMMENTS There were no questions or comments from the public at this time. VI. CONSENT CALENDAR Item #1 was removed for further discussion MOTION: To approve items: 2. 3. the consent calendar consisting of the following NOTICE OF COMPLETION (Rock Hill Drive) GRANTING OF TIBURON BOULEVARD RIGHT-OF-WAY TO CAL/TRANS, Resolution #1043) Seconded by Hanson Moved: Vote: Absent: Edelstein, Unanimous none VII. PUBLIC HEARINGS 4. PLANNING COMMISSION APPEAL (Denial of Condominium permit at 2298 Paradise Drive) Director of Community Development Hanna reviewed this application and the background material. Applicant David Rath explained that his application fits within the Ad Hoc Committee's recommendations, provides enough parking spaces, is in complete conformance with the zoining ordinance and does not take any rental units off the market. Mayor Bergsund opened the public hearing. Nancy VanRavensway asked why Mr. Rath was asked to return to the Planning Commission for further deliberations, who asked him and generally criticized the process. Mayor Bergsund explained that Council did not feel the Planning Commission had defined specifically the findings on which they denied the application. Residents John Harris, Nancy Bellinger, Bob Ellsberg, Bob San Chez and John Bloomenstock spoke in support of the appeal. MOTION: to uphold the appeal of Mr. Rath on the condition that no fence be constructed in the common area of open space between the two units. Moved: Edelstein, Seconded by Hanson Rockey indicated he was supportive of the motion. Edelstein said there would be no adverse affect or impact with this project. Hanson supported this appeal and said that although this had been a heated subject with which to deal, that the governmental process was good. He hopes that soon there can be more definition between the R-2 and R-3 zones to avoid these controversies. Bass supported the motion because there is no legal basis for denying the appeal presently in our ordinance. Bergsund opposed the motion on principle and said that although Rath's application was a fine one, we still haven't ~~~f~ wt~/ii~~i~~i~~~/i~iy~t~t~~~/~~/~~l/~t~~~~~~~Jresolved the difficulties Vote: Ayes: Bass, Edelstein, Rockey, Hanson with condominium con- Noes: Bergsund versions in the R-2 zones Town Council Minutes #496 May 2, 1979 Page 2 5. APPEAL OF B.A.R. REJECTION OF SINGLE FAMILY RESIDENCE AT 24 VENADO AVENUE (Schmitt Co. Appeal) The applicant had requested a continuance to the May 16, 1979 regular meeting of the Town Council which was granted. 1. TIBURON PENINSULA RUN (Marin Racers, August 19, 1979) Director of Parks and Recreation Lombard explained this run and reported that the Parks and Recreation Commission recommends approval as submitted. Rockey said he supported the run but was concerned about the finish line if it was in Blackie's Pasture and the cars would also be parked there. Mr. Capron was in the audience representing the Marin Racers and explained that the finish line would be on the auxilary road by McKegney Green. Mayor Bergsund asked when the start would be? Mr. Capron said that the runners would begin assembling early in the morning and the start would be at 9 a.m. MOTION: Moved: Vote: Absent: to approve the Marin Racers Run on August 19, 1979. Rockey, Seconded by Bass Unanimous None 7. MlRAFLORES ASSESSMENT DISTRICT Mr. Edwin Ness eas present and asked Council to adopt the resolutions presented. MOTION: Moved: Vote: Absent: To adopt Resolution #1044, A RESOLUTION AUTHORIZING EXECUTION OF GENERAL RELEASE: to adopt Resolution #1045, A RESOLUTION AUTHORIZING EXECUTION OF DEED OF EASEMENT FROM CITY OF TIBURON A MUNICIPAL CORPORATION, TO RICHARDSON BAY SANITARY DISTRICT, IN CONNECTION WITH MlRAFLORES PROJECT UNIT 2: to adopt Resolution #1046, A RESOLUTION AUTHORIZING PAYMENT TO ROBERT H. WAYNE, MARY L. WAYNE AND R. H. WAYNE AGENCY, LTD., A CALIFORNIA CORPORATION, FOR REPAIR OF DAMAGE TO HACIENDA DRIVE. Hanson, Seconded by Bass Unanimous None 8. BELVEDERE/TIBURON RE-CYCLING DEPOT (Endorsement of Depot Management and Operation) Mayor Bergsund summarized the two applications which have been submitted for take over of the re-cycling depot. She recommended that Council endorse the Mill Valley refuse proposal, noting that a percentage of the revenue will be returned to the Tiburon Peninsula Environmental Committee. She felt it was inappropriate to accept the CETA proposal. She hoped the hours of the depot could be expanded/* Rod Charney, representing Marin Citizens for Energy Planning, reported that they are not competing with Mill Valley Refuse and are only interested in public awareness of re-cycling and a continuation or expansion of the service in the County. Edelstein suggested beginning negotiations immediately with the Mill Valley Refuse Company. *and that mixed waste paper would be collected. MOTION: to endorse and begin negotiations with the Mill Valley Refuse Service proposal for takeover of the re-cycling depot. Moved: Rockey, Seconded by Edelstein Vote: Unanimous Absent: None 6. REVENUE SHARING (Proposed Federal Revenue Sharing budget allocation, 1979-80) Town Manager Kleinert reviewed the restrictions on Federal Revenue fund expenditures, and estimated that we will have $107,900 in this fund for next year. Mayor Bergsund opened the public hearing to allow community input concerning proposed revenue expenditures for 1979-80. Hearing no comments she closed the public hearing. Councilman Rockey said he would like to see some money allocated for off-site Town Council MInutes #496 May 2, 1979 Page 3 improvements at the Tiburon School conversion project. Edelstein suggested money be allocated for the police department move and for some renovation at Town Hall. Rockey asked for some allocation for the crossing guard program. Bergsund suggested allocation for additional drainage downtown and possibly for abatement of illegal 2nd units. Rockey further suggested allocation for steps along the multi-use path to the waterfront. Council established May 21, 1979, as the date for the first public hearing of the proposed 1979-80 Town budget, including consideration of the proposed revenue sharing expenditures. 9. JOINT POWERS AGREEMENT (Bel/Tib Joint Recreation Committee) Town Attorney Conn was present to answer questions of Council regarding this joint powers agreement. Edelstein suggested that only the Belvedere City Councilor the Tiburon Town Council could terminate the committee. There was a discussion about the Joint committee being a "separate entity" and under whose employ the day care center people are, particularly regarding liability insurance. Rockey and Hanson volunteered to meet with representatives of Belvedere to work out further agreements. This item was continued for further discussion. IX. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS 10. Town Manager Kleinert reviewed a letter from Mr. Lee Miller asking for $1,000 to prepare an "aestetic and functional salt marsh related educational area on the Corte Madera Marsh Ecological Reserve." Mr. Miller was in the audience and further explained his project. He reported that three other City Councils have agreed to place this item in their respective budgets for consideration and hopeful approval. The Marin Conservation League will be the trustee for the account. Bass recommended keeping this item "active" and Edelstein suggested agendizing the matter in the budget hearings. All Councilmembers were supportive of the idea but cautioned Mr. Miller that in view of the passage 'of Proposition 13, there are very little discretionary funds available. 11. There was a discussion concerning the Southern Pacific downtown plan and Council agreed that they would attend the Planning Commission's public hearings and ask questions but would not comment until they had received the recommendations from the Planning Commission. X. ADJOURNMENT There being no further business of the Town Council, Mayor Bergsund adjourned the meeting at 11:50 p.m. Wedensday, May 2, 1979, sine die. ATTEST: Town Council MInutes #496 May 2, 1979 Page 4 C_.Dtej2.fCIT-.b TOWN OF TIBURON TOWN COUNCIL CALLED TO ORDER The regular meeting of the Town Council of the Town of Tiburon was called to order by Mayor Bergsund at 8:05 p.m., Wednesday, May 16, 1979, in the Town Council Chambers, Reed School, Tiburon, California I. ROLL CALL Present: Absent: Present: Councilmen: None Ex Officio: Edelstein, Bass, Rockey, Bergsund, Hanson Kleinert, Town Manager: Hanna, Director of Community Development: Bailey, Chief of Police: Raggahanti, Deputy Town Attorney: Brunini, Superintendent of Public Works: Lombard, Director of Parks and Recreation: Kraft, Minute Clerk II. APPROVAL OF MINUTES #496 - Page 2, item 4, last sentence should read...llwe still haven't resolved the difficulties with condominium conversions in the R-2 zone." Page 3, middle of paragraph..."she hoped the hours of the depot could be expanded, and that mixed waste paper would be collected." MOTION: ,to approve Minutes #496 as amended. Moved: Rockey, Seconded by Bass Vote: Unanimous Absent: none III. TOWN COUNCIL, COMMISSION AND COMMITTEE REPORTS Councilman Rockey reported that on May 10th the Reed Union School District Trustees approved the proposal for the Town to purchase the old Tiburon School. An application is being made to HUD for a rent subsidy program. If all goes well, construction will begin in September of this year. Councilman Hanson gave special thanks to Mr. Rockey for the work he has done on this project. Mayor Bergsund reported that SB-4 (Bottle bill) has passed the Senate Natural Resources and Wildlife Committee. Mayor Bergsund reported that a fund has been established to help with the medical bills of Mike Mitchell, a Redwood High School student, severely injured in a surfing accident. Contributions can be made through Al Aramburu. Mayor Bergsund reported that she and Councilman Edelstein attended the ribbon cutting ceremoney of the Miraflores Assessment project. IV. APPOINTMENTS TO COMMISSIONS, COMMITTEES AND BOARDS There were none at this time. V. PUBLIC QUESTIONS AND COMMENTS Resident Betty Yoder requested that Council immediately investigate the possibility of installing restrooms and water fountains in the Blackie's Pasture and McKegney Green areas. Superintendent of Public Works, Lou Brunini, also recommended that facilities be installed if possible as there is an immediate need, MOTION: that Lou Brunini's suggestions of location, type, cost and practicability be investigated and commented on by the Parks and Recreation commission and report back to Council on June 6th. Edelstein, seconded by Hanson Unanimous None Moved: Vote: Absent: Resident Gregory Hobbs, 1 San Rafael Avenue, expressed his concern to the Council about the property adjacent to his and its current use by a Mr. Heifitz. In view of the pending law suit between the Town of Tiburon and Mr. Heifitz, Mayor Bergsund suggested this be discussed in an executive session. VI. CONSENT CALENDAR Town Council Minutes #497 May 16, 1979 Page 1 Items #7 and #8 were added to the consent calendar. MOTION: to accept items: 1. 2 . 3. 7 . the consent calendar consisting of the following FINANCE REPORT (April, 1979) POLICE REPORT (April, 1979) AWARD OF CONTRACT 1979-80 PRLIMINARY TOWN BUDGET (Hearing dates, 5/21/79-6/11/79-6/18/79) OLD ST. HILARY'S LANDMARK DESIGNATION (Planning Comm. and Heritage Comm. recommendations) 8. Moved: Vote: Absent: Rockey, Seconded by Hanson Unanimous None 4. APPEAL OF B.A.R. REJECTION OF SINGLE FAriILY RESIDENCE AT 24 VENADO AVENUE. (Schmitt Co. appeal) The applicant requested that this item be continued to the regular June 6th meeting of the Council. Council concurred. 5. MCKEGNEY GREEN LANDSCAPING PROPOSAL Director of Parks and Recreation Lombard displayed the Architect~ drawings of the proposed McKegney Green landscaping. Parks and Recreation Commissioner Chuck Koehler explained that many hours of thought and discussion had occurred before these drawings were completed. Residents Doug McDonald, Rowland Demaris and Ralph Jacobs, all of Virginia Drive, expressed criticism of the plan, stating that the proposed trees to be planted would block their views of the Bay. Councilman Edelstein suggested that these trees be removed from the plan and furth, ", -~ rather low hedges be planted in front of the "t silting ponds. 0 authori ' ~~~r storey poles be constructed to represent t Specificat~e the Parks ~~ hA planted. Council directed Staf~ front bar ~ons and sOI,a~d Recreat' '-- ~nmmission expressing th Path and Tr~ber, the cea~C~t bids for~on Commission Wat ~ uro nothu the r ' to P erfront a d n BOUlevard s Plantin a~lroad t' repare MOTION: ~...- n the att " the Cea gs between th ~e water_ j ". end~ng ,nothus e mUlt' COffiffi1331on and ~V. ~...- ~rrigat' . Planti ~-use suggoctionl th~t there be no ~L__ ~on system" ngs along th, block anyone'g view. . Moved: Hanson, Seconded by Edelstein Vote: Unanimous Absent: None MOTION: to approve the proposed plantings to be done along the waterfront and the Parks and Recreation Commission be authorized to begin that project. Moved: Rockey, seconded by Edelstein Vote: Unanimous Absent: None 6. PROPERTY DEVELOPMENT IMPACT FEE Director of Community Development Hanna reviewed our present and proposed property development impact -fees. Councilman Hanson asked if the proposed fees would be comparable~rbo other Cities in the Counj:.V. Mr. Hanna responded that these proposed fees would be among the highest in the County. Deputy Town Attorney Ragghanti cautioned there may be legal qeustions surrounding these fees or taxes since the passage of Proposition 13. MOTION: to direct the Town Attorney to draft an ordinance regarding property development impact fees as submitted. Moved: Hanson, Seconded by Edelstein Vote: Unanimous Absent: None Deputy Town Attorney Raggahanti said the drafted ordinance would be submitted on the June 20th regular Council meeting and suggested that the fees be set by resolution. 9. 1978-79 EMPLOYEE SALARY ADJUSTMENTS Town Manager Kleinert summarized the proposed salary increases for all employees, a 6% salary increase effective March 1, 1979 and a one- time supplemental living adjustment for all employees based on their Town Council Minutes #497 May 16, 1979 Page 2 tenure and position with the Town. Total cost to the Town will be $25,662. MOTION: to approve the 1978-79 salary adjustments as submitted Moved: Hanson, Seconded by Rockey Vote: Unanimous Absent: None In further discussion Councilman Rockey suggested consolidating the two present salary schedules into one and also look into the possibility of a four day work week for Town Hall employees. This may help in the current gasoline crisis and would allow the Town Hall to be opened earlier and stay open later for the convenience of the residents of Tiburon. IX. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS Mayor Bergsund reported that she will attend the ABAG meeting on June 9th. It was decided that the first meeting of July will be on Monday, July 9th in view of the Fourth of July falling on Wednesday. Councilman Edelstein reported that the Tiburon Joint Governmental Agency Committee has begun looking into subcontracting for landscape maintenance services from the private sector. X. ADJOURNMENT There being no further business of the Town Council, at Ilp~m. Mayor Bergsund adjourned the meeting to Monday, May 21, 1979, for the purpose of a public hearing concerning the 1979-80 preliminary Town Budget and proposed revenue sharing expenditures for 1979480. & .Bl}u;WJULL J Bergsun Mayor ATTEST: =~':"'Y~,,:~;_....,--.,.,;-.q~C'~"'" ~_-:.....-"" R. L. KleInert, Town Manager/Clerk Town Council Minutes #497 May 16, 1979 Page 3 TOWN OF TIBURON TOWN COUNCIL CALLED TO ORDER The adjourned meeting of the Town Council of the Town of Tiburon was called to order by Mayor Bergsund at 7:45 p.m. on Monday, May 21, 1979, in the Town Council Chambers, Room 9, Reed School, Tiburon, California I. ROLL CALL Present: Councilmen: Ex Officio: Absent: Councilman: Bass, Bergsund, Hanson, Edelstein Town Manager Kleinert: Director of Community Development Hanna Rockey II. BUSINESS Mayor Bergsund declared the public hearing open for discussion and consideration of the proposed 1979-80 Preliminary Town Budget and proposed revenue sharing program. The Mayor indicated this session was the first of three scheduled public budget hearings with the remaining being set for June 11, and June 18, 1979. Final adoption of the budget is scheduled for the Council's regular meeting of June 20, 1979. The Town Manager indicated the proposed budget consisted of three basic sections: (1) Financial Summaries and Statistical Data, (2) Operating Budget Detail, (3) Capital Improvement and Open Space Acquisition Program. This public hearing would consist primarily of an overview and summary of the proposed budget, a review of the revenue sharing program and an update of the financial status of the Town. Discussion ensued concerning the Town's transition from pre-Proposition l3 revenue status, and the Town's present goal of achieving a balanced operating budget. The Town Manager noted the proposed budget had increased over the current year's budget because certain basic,qperating'expenses had been deferred due to the financial constraints of Proposition l3. Council questioned the future impacts t6 the Town in reference to the proposed Southern Pacific downtown development and possible future annexations. The Town Manager responded that because of the current property tax funding distribution formula, all development and residential annexations have serious cost implications to the Town. There is, however, proposed legislation intended to amend the current distribution formula which would not penalize public agencies that allow growth or annexation of certain areas. Staff noted that one of the proposed Revenue Sharing expenditures for 1979-80 was to provide for completion of the Town's zoning ordinance revisions. The Town Manager requested that this work be done in-house by the Director of Community Development which would require additional funds to retain planning assistance in the Department during the ordinance revision period. Council gave preliminary authorization for Staff to proceed with this concept and expenditure. The Town Manager suggested that Council consider possible consolidation of the Town's Commissions into one single Commission or Committee. He explained the various hidden costs of the Commissions associated with Staff time, agenda preparation, mailings, etc. The Council directed that additional information be provided to them concerning such a proposal and that they receive input from the Commissions concerning this matter prior to the next public hearing. There was little citizen input provided concerning the proposed revenue shairng expenditure, as only one citizen was in attendance at the public hearing. ~II. ADJOURNMENT There being no further public comments, Mayor Bergsund declared the public hearing closed. The meeting was adjourned at 9:50 p.m., Monday, May 21, 1979, sine die. /l , ,I , LL e. CY)~(CUWi- / JoAn R. Bergsund,~Mayor Robert L. Kleinert, Town Ma Town Council Minutes #498 CORRECTED TOvm-lYF-TTBDRON 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 PM, Wednesday, June 6, 1979, in the Town Manager's office, Town Hall, Tiburon California. I . ROLL CALL Present: Councilmen: Ex Officio: Edelstein, Bass, Rockey, Bergsund, Hanson Town Manager Kleinert, Town Attorney Conn, Director of Community Development 11anna EXECUTIVE SESSION Mayor Bergsund adjourned the meeting to Executive Session at 7:35 PM 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 PM in the Town Council Chambers, Reed School, Tiburon, Calif. Ex Officio Present: Town Engineer Bala; Superintendent of Public Works Brunini; Deputy Town Treasurer Nadritch; Chief of Police Bailey; Minute Clerk Kraft II. APPROVAL OF MINUTES #497 - page 2, #5 motion should read: (to' be furnished) MOTION: Moved: Vote: Absent: to approve minutes #497 as amended Rockey, seconded by Hanson Unanimous None #498 - no corrections MOTION: Moved: Vote: to approve minutes #498 as submitted Hanson, Seconded by Bass AYES: Hanson, Bass, Bergsund, Edelstein NOES: None ABSTAINED: Rockey III. TOWN COUNCIL. COMMISSION AND COMMITTEE ORAL REPORTS A. Citizens' Finance Advisory Committee Town Manager Kleinert introduced John Harrington and Virginia Peterson of the Citizens' Finance Advisory Committee. Mr. Harrington gave a breif presentation reviewing the work of the Committee. He stated that basically the Town is in good financial shape but must look towards the future and do long range planning. The five areas that the Committee has studied are a revision of the accounting system for the Town, study of existing reserves for allocation for equipment replacement, consolidation of the Town's Commissions and Boards, fees levied by the Town, and possible private contracting for services. Mayor Bergsund thanked the Committee for all their work and effort on behalf of the Town. B. Marin County Priority Setting Committee CounciLman Bass stated that he will give this report at the next regularly scheduled Council meeting when more information will be available. Minutes #499 June 6, 1979 Page 1 C. Mayor Bergsund announced that the scheduled ABAG meeting of June 9th has been cancelled. She also announced that there are several openings on County wide Commissions and urged interested residents to apply. D. Councilman Rockey reported that on his recent vacation to England, he had visited a small town where an election for Town Council was about to take place. The campaign literature indicated that problems were similar there as here, traffic, growth, and the possibility of a community room in a housing project. He noted that perhaps our problems are more a sign of the times than unique only to Tiburon. IV. APPOINTMENTS TO COMMISS~ONS, COMMITTEES AND BOARDS There were none at this time. V. PUBLIC QUESTIONS AND COMMENTS Mr. Hobbs of #1 San Rafael Avenue was again present to inquire about abating the public and health nuisance on his jointly owned property. It was decided to agendize this item at the next Council meeting so that official discussion and possible action could take place. VI . CONSENT CALENDAR Items #4 and #11 were added to the Consent Calendar. MOTION: to accept the consent calendar consisting of the following items: #1. POLICE REPORT (May 1979) #2. DOWNTOWN TIBURON REFUSE AND DEBRIS PICK-UP SCHEDULE (Set agenda date for discussion) #3. APPLICATION FOR NATIONAL HISTORICAL PRESERVATION GRANT-IN-AID FOR STONE TOWER (Heritage Commission, Resolution) #4. APPEAL OF B.A.R. REJECTION OF SINGLE FAMILY RESIDENCE 24 VENADO AVENUE (Request for Continuanc~ #11. YELLOW TAXI CAB (Request for rate increase) Moved: Vote: Absent: Rockey, Seconded by Hanson Unanimous None VII. PUBLIC HEARING 9. DESIGNATION OF HISTORIC LANDMARK (Old St. Hilary's) It was decided to set the regular meeting of July 9, 1979 for the public hearing regarding designating Old. St. Hilary's Landmark as an Historical Landmark, Number three, of the Town of Tiburon and to adopt a resolution so stating. 5. APPEAL OF B.A.R. DECISION (550 Tenaya Drive) Mayor Bergsund opened the public hearing. Ms. Candy Hollis, representing the Hollis family, read a statement expressing their concerns. Primarily the Hollis' would lose a portion of their view if the proposed additon to the home on 550 Tenaya is approved. Architect Eleanor Mitchell, representing the applicant, was present and displayed the drawings and plans of the proposed additon. Councilman Rockey stated that he felt adequate review had been done, however, he was troubled by neighbors who once had approved this addition and now seemingly had changed their minds. Mayor Bergsund stated she had talked to the neighbor and they signed the petition to allow the Hollis' to collect the 5 required signatures for an appeal rather than changing their minds. Councilman Edelstein suggested modifications which could be done to the plan to make it more acceptable to the Hollis' and other neighbors. Mayor Bergsund stated that we will probably be seeing more and more additions to homes in Tiburon and the success of these will be based on compromise by all parties. The public hearing was declared closed. Minutes #499 June 6, 1979 Page 2 MOTION: Moved: Vote: that the appeal be denied on the condition that the proposed modifications, lowering the deck, lowering of the roof, removal of the trellis and possible reduction of the size of the master bedroom be discussed with the Director of Communi ty Development and the architect, /dill tg'1;eemii1/ :6e rrmft/mthe permit be granted., as approved by theDirector of Community Development. Edelstein, seconded by Hanson AYES: Edelstein, Bergsund, Hanson, Rockey NOES: Bas s ABSENT: None 6. APPEAL OF B.A.R DECISION (60 Pine Terrace) Director of Community Development Hanna explained this appeal and Mayor Bergsund opened the public hearing. Architect for the applicant Gary Gray explained their plan and displayed the drawings. Applicant Mr. Beuttas exnlained their reasons for wanting the second story added to their home. Mr. Maurry Fox and Judge Henry Broderick spoke in opposition to the plan stating that it was precedent setting for the neighborhood and reduced the views of some neighbors. After some further discussion the public hearing was declared closed. Councilman Bass stated that the Board of Adjustments and Review was not required to make findings before reaching a decision and asked that the Council uphold their denial of the application. MOTION: to uphold the appeal, reverse the action of the Board of Adjustments and Review and approve the application on the condition that the scale of the ;Sfl~~~9' pJ,Y1" *facing the street (east elevation) be modified to be in keeping with the * 2 story scale andcharacter J<"~tJv the neighbOrhOod1~ approved by the Director wall of CommunitY\Development .~/r9'Y" J}l9'#~J/~/j!/c;gnwt~f/ /~ft~ni of s Moved: Vote: Rockey, seconded by Edelstein AYES: Bergsund, Hanson, Rockey, Edelstein NOES: Bass ABSENT: None 7. APPEAL OF B.A.R. DECISION (Varney's Hardware) Director of Community Development Hanna explained this appeal. Mayor Bergsund stated that these differences should be worked out at the Board of Adjustments and Review level and she feels it is improper for this matter to be at the Council level. Councilman Bass concurred. ~1ayor Bergsund opened the public hearing. Marie Schneider of Varney's Hardware explained that they had requested a meeting with Coast Federal Savings many times to work out a solution but had had no response from the Savings and Loan Company. Mayor Bergsund suggested that this application be once again referred to the Board of Adjustments and review and Coast Federal Savings be requested to coordinate with Mr. Schneider for a sign program. Councilman Rockey stated that in view of the juxtaposition of the two businesses it may be difficult to affect a coordinated sign. Mr. Schneider displayed a free standing sign located in a planter box noting that he was requesting approval of a similar sign. MOTION: to approve the sign as generally illustrated, subject to compliance with the sign ordinance. Moved: Vote: Rockey, seconded by Hanson AYES: Edelstein, Hanson, Rockey NOES: Bass, Bergsund 8. MASTER PLAN 31 MAIN STREET, BEAUTY SHOP AND BOUTIQUES Mayor Bergsund declared the public hearing opened. Councilman Rockey asked the applicant about the available parking spaces. Director of Community Development Hanna explained the formula for arriving at the required 15 parking spaces and referred to a letter from the Metro Parking stating that these spaces are available during the business day. Counci~lan Edelstein inquired about in lieu parking fees if it was determined that available parking was not sufficient. Planning Commision Chairman Wilson explained the discussion at the Planning Commission and said their approval was subject to the parking spaces being available. Minutes #499 June 6, 1979 Page 3 MOTION: Moved: Vote: Absent: to read by title only the proposed Ordinance Hanson, Seconded by Bass Unanimous None Mayor Bergsund read the Ordinance, AN ORDINANCE OF THE TOWN OF TIBURON APPROVING THE MASTER PLAN TO ESTABLISH A BEAUTY SALON AND BOUTIQUE AT 31 MAIN STREET. MOTION: Moved: Vote: Absent: VIII. BUSINESS to approve the 1st reading of the above Ordinance Hanson, Seconded by Bass Unanimous None 10. MILL VALLEY REFUSE COMPANY (Request for rate increase) ~own Manager Kleinert reviewed the request for rate increase from the Mill Valley REfuse Company. Councilman Edelstein inquired of Mr. Dami the status of the re-cycling efforts. Mr. Dami responded the Mill Valley Refuse is now operating the re-cycling depot, newspapers are being collected from individual homes and the polot program has begun in Novato with the initial funding of the applied for grant. Kleinert noted that we can re-open negotiotions if it becomes necessary to charge for the re-cycling. Councilman Rockey suggested that because of the complexities in arriving at an equitable fee for garbage collection that an advisory group be established similar to the Citizens' Finance Advisory Committee to address this problem in the future. Edelstein asked if Staff had considered raising the franchise fee, noting that Tiburon's is 5% and Mill Valley's is 20%. Kleinert*concurred, and indicated this would result in raising the fees even more than requested. Rockey asked a question about the depreciation schedule noted on the financial statement of the Mill Valley Refuse. Mr. Dami said that resulted because of the acquisition of three new trucks. *said that Staff had considered MOTION: Moved: Vote: Absent: 15 . FUND TRANSFERS to approve ,the rate increase as requested by Mill Valley Refuse on the condition that a re-opener provision be established on a yearly basis for the purpose of discussing increasing the franchise fee. Hanson, Seconded by Bass Unanimous None Town Manager Kleinert explained the Citizens' Finance Advisory Committees recommendations regarding fund transfers. MOTION: Moved: Vote: to adopt Resolution #1048, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING CERTAIN RESTRICTED FUNDS AND AUTHORIZING FUND TRANSFERS, AND Resolution #1049, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE ESTABLISHMENT OF AN ENCUMBRANCE SYSTEM FOR THE TOWN'S ACCOUNTING AND BOOKKEEPING PROGRAM Rockey, Seconded by Bass UNanimous 13. BOARD OF ADJUS1MENTS AND DESIGN REVIEW (Proposed changes in Board structure and procedures) Director of Community Development Hanna reviewed previous disucssions concerning changes in structure and procedures of the Board of Adjustments and Review. Staff would be given discretion to approve minor additons; a paragraph added to provide for the expiration of the Board approval after one year, clarification of noticing property owners within 300 feet, use permits to be heard by the Planning Commission, perhaps changing the number of Board members 7 to 5, the term of the Planning Commissioner member to be 6 months, and the Board to elect its own Chair. Edelstein suggested the Board approval of an application be extended to 3 years. Council generally agreed to keep the Board at 7 members., for at least 6 months. Minutes #499 June 6, 1979 Page 4 This item will be sent to the Planning Commission for further discussion and and public hearing before the ordinance is modified in any way. 12. RICHARDSON BAY LINEAL PARK RESTROOMS AND DRINKING FOUNTAIN (Staff recommendations for location and installation of facilities) Town Manager Kleinert explained the staff recommendation to rent two of the more modern, plastic type, chemical toilets on a monthly basis to be located adjacent to the Richardson Bay Sanitary plant, and the installation of a drinking fountain to be located just West of the Richardson Bay Sanitary plant. Council approved this work and asked that the recommendations be sent to the Parks and Recreation Commission meeting on Thursday, June 7th for their app'roval .. also. Council suggested contacting MMWD regarding a reductlon or walvlng of the hook-up fees. 14. SALARY ADJUSTMENT (City Manager, Resolution) Mayor Bergsund suggested that Council apply the same consideration to adjusting the Town Manager's salary as was recently granted all Town employees, which provides for a 6% salary increase effective March 1, 1979; and a one-time supplemental livnig allowance. MOTION: to adopt Resolution #1050, A RESOLUTION OF THE TOWN COUNCIL OF TI-lE TOWN OF TIBURON FIXING 1HE SALARY OF TI-IE TOWN MANAGER AT $29,803 annually. Moved: Vote: Absent: Hanson, seconded by Rockey Unanimous None Mayor Bergsund reminded Council that Tiburon will host the June Mayors and Councilmen's dinner TIleeting on June 27th at Carlos O'Brian's. s ADJOURNMENT There being no further business of the Town Council the meeting was adjourned at 1:45 AM, Thursday, June 7, 1979 to Monday, June 11, 1979, 7:30 PM, Room 9 Reed School for a public hearing of the proposed 1979-80 Town budget. ATTEST: Minutes #499 June 6, 1979 Page 5 CORRECTED TOWN OF TIBURON TOWN COUNCIL I. CALL TO ORDER The adjourned meeting of the Town Council of the Town of Tiburon was called to order by Mayor Bergsund at 7:45 p.m. on Monday, June 11, 1979, in the Town Council Chambers, Room 9, Reed School, Tiburon, California. II. ROLL CALL Present: Councilmen: Bass, Bergsund, Rockey, Edelstein Hanson (7:55 p.m.) Ex Officio: Town Manager Kleinert; Director of Community Development Hanna: Superin- tendent of Public Works Brunini: Deputy Town Treasurer Nadritch: Chief of Police Bailey: Director of Parks and Recreation Lombard III. BUSINESS \. Mayor Bergsund declared the public hearinq 9pen for continued discussion and consideration of the proposed 1979-80 Preliminary Town Budget. The Town Manager stated this was the second of three regularly scheduled public budget hearings and the purpose of this session was to focus on review of the proposed 1979-80 operating budget. The final budget hearing is scheduled for Monday, June 18, 1979, concerning the Capital Improvement section of the proposed budget. It was suggested that Council review and discuss each of the department budgets and consider only tentative approval of each at this time. Final adoption of the Town's budget for 1979-80 is scheduled for June 20, 1979. Prior to specific review of each individual department, the Town Manager noted that certain modifications of the operating budget have been made by Staff and would be brought to Council's attention during review of each department's budget. Because of these revisions and the recent employee salary adjustments, the proposed 1979-80 operating budget has been increased by $20,578. It was also noted that the Preliminary Budget does not include the $1,000 allocation for the Corte Madera Marsh Ecological Reserve, nor the $1,500 funding requirement which represents the Town's pro rata share of the Marin County Major Crimes Task Force. The Town Manager then proceeded to summarize the individual department budgets, and the Council action was as follows: 1. 011 Town Council: Mayor Bergsund suggested a possible reduction in the proposed allocation, however, no action was taken at this time. 2. 013 Town Attorney: The Town Manager recommended an increase in the department's allocation from $28,527 to $30,966. 3. 015 Town Manager/Clerk: During the discussion of the Equipment Maintenance and Contractual Services line items, it was suggested by Councilman Rockey*that the Town consider utilizing either word processing or Systems 6 equipment to assist Staff in the future preparation of budgetary or other Town reports and correspondence. *and Hanson 4. 016 Debt Service/Open Space: Tentatively approved as presented. Mr. John Harrington, representing the Citizens' Finance Advisory Committee, addressed the Town Council concerning the budgetary process and recommended certain revisions in budget format. Specifically, the Committee's suggestions focused on a modified accrual and encumbrance system of accounting, a proposal to revise cost allocation procedures and principles, and a method of allocation of costs to individual service functions. It was noted that Staff has begun the modified accrual accounting system Minutes #500 Town Council June 11, 1979 page 1 for this fiscal year, and would assist Mr. Harrington and the Committee concerning re-allocation of non-departmental costs to the appropriate departmental functions. Hopefully, this can be achieved for the 1979-80 budget and implemented during preparation of the final budget. 5. 017 Non-Departmental: The Town Manager noted that line item 257, Liability Insurance Fund, should be reduced from $24,500 to $11,500. Staff stated that consideration was also being given to a change of CPA firms concerning the Town's annual financial reports or audit, in accordance with proper fiscal management procedure. Bids have been received and a local CPA is currently being given consideration to perform the audit. There was some concern expressed about a change in auditors solely for the purpose of change. If the present firm is providing good service to the Town, then it may be more detrimental in the long run to lose this continuity, particularly in view of the proposed budget format revisions. This matter was then deferred, and tentative approval given to this department. 6. 018 Debt Service: Tentatively approved as presented. 7. 019 PEP Employees (CETA): Tentatively approved as presented. 8. 021 Planning and Building: The Town Manager recommended $3,000 be included in line item 250, Contractual Services. This allocation is for planning assistance to enable revision of the Town's zoning ordinance. It was also suggested that less expensive polaroid cameras should be considered. 9. 031 Police: The Town Manager noted that line item 117, Crossing Guards, was reduced from $4,800 to $3,200, representing Tiburon's annual cost sharing for crossing guards at two Tiburon Boulevard intersections. Councilman Bass expressed concern regarding the Lyford Drive intersection and requested this item be deferred until there is further indication by Belvedere concerning their parti- cipation. The Town Manager also stated that line item 245, Equipment Maintenance, was possible a low cost estimate due to the recent increase in the cost of gasoline and present maintenance problems with certain department vehicles. Chief Bailey briefly outlined the Police Department's original budget submitted which placed major emphasis on a request for two additional police officers. He stated that the level of service demands by the Community would require two additional officers, however, the critical need at this time is for one addit~onal officer. Sgt. Denny, representing the Tiburon Police Association, endorsed the Chief's recommendation and outlined various reasons in s~pport of the need for one additional officer. Council indicated that it would review the Chief's original budget request information and deferred action concerning approval of the depart- ment budget at this time. Council directed the Town Manager to contact Superivsor Rice concerning the status of the Southern Marin Police Consolidation Committee Report. 10. 041 Streets/Park Maintenance: Tentatively approved as presented. 11. 051 Parks and Recreation: The Town Manager stated the salaries and fringe benefits as indicated in the proposed budget are final for 1979-80. Sixty percent (60%) of these costs will be absorbed by the Belvedere/Tiburon Joint Committee. It was also noted that no Tiburon funding assistance is proposed this fiscal year for the Joint Belvedere/Tiburon Recreation Committee. Larry Smith, Chairman of the Parks and Recreation Commission, advised Council that the Commission still had considerable park planning requirements ahead, and he did not forsee any cut back in the Commission's efforts or functions during 1979-80. This Department budget was tentatively approved as submitted. The Chair directed the Town Engineer, Fine Arts, and Heritage Commission budget sections be continued for review and consid- eration at the next budget hearing on Monday, June 18th. Rep- resentatives from the Commissions were urged to attend. Minutes #500 Town Council June 11, 1979 Page 2 IV. ADJOURNMENT There being no further public comments or Council discussion, Mayor Bergsund adjourned the meeting at 11:10 p.m. to Monday, June 18, 1979, 7:30 p.m., Room 9, Reed School. tuL J ATTEST: R. anager/Clerk Minutes #500 Town Council June 11, 1979 Page 3 CORRECTED TOWN COUNCIL TOWN OF TIBURON I. CALL TO ORDER The adjourned meeting of the Town Council was called to order by Mayor Bergsund at 7:45 p.m. on Monday, June 18, 1979, in the Town Council Chambers, Room 9, Reed School, Tiburon, California. II. ROLL CALL Present: Absent: Present: Councilmen: Councilmen: Ex Officio: Bass, Bergsund, Rockey, Hanson Edelstein Town Manager Kleinert, Director of Community Development Hanna, Town Engineer Bala, Superintendent of Public Works Brunini, Chief of Police Bailey III. BUSINESS Mayor Bergsund opened the public hearing for continued discussion and consideration of the 1979-80 Preliminary Town Budget, and proposed revenue sharing program. This session was the third of three scheduled public budget hearings. The Town Manager outlined the budget reveiw to date and indicated this session would initially consist of continued review of the proposed Town Engineer's operating budget and the Heritage and Fine Arts Commission's operating budgets. Primary emphasis would be upon review and discussion of the proposed Capital Improvement Program for 1979-80. The Town Manager recommended and Council supported deferring adoption of the final budget from Wednesday, June 20, to Council's regular meeting of Monday, July 9, 1979. l. (043) Town Engineer: The Town Manager recommended an approximate lO% increase in the retainer fee for the Town's Engineer's services for 1979-80. Rockey suggested Staff develop cost centers for both the Town Engineer and Town Attorney budgets, and that percentage allocations of their annual costs be established related to the other operating budgets as recommended by the Citizens' Finance Advisory Committee. These being the only suggested revisions, Council gave tentative approval to the Town Engineer's budget. 2. (053) Fine Arts and (061) Heritage Commissions: The Town Manager reviewed the proposed Commission's budgets and his prior recommendation concerning possible consolidation of the Commissions with the Belvedere/Tiburon Joint Recreation Committee. It was the consensus of the Council to maintain the present Heritage Commission structure and support their existing programs and activities. Council did indicate preliminary interest in a possible merger of the Fine Arts Commission and the Belvedere/Tiburon Joint Recreation Committee. Rockey expressed some concern that any consolidation of Commissions would result in a loss of possible community participation. Hanson requested the Fine Arts Commission provide a detailed breakdown of the proposed allocation relating to budget Line Item 277, Community Activities, Program and Shows. Council suggested the matter of Fine Arts Commission consolidation with the Joint Recreation Committee be referred to these bodies, studied by each and a report provided to Council in September, 1979. 3. (031) Police: Council continued discussion of the Police Department budget and personnel requests to the regular Council meeting of July 9, 1979. 4. CAPITAL IMPROVEMENT PROGRAM: The Town Manager outlined the proposed 1979-80 Capital Improvement Program which consists primarily of Street Maintenance, Drainage Improvements and Community Development Projects. Each of the specific Capital Improvement projects were reviewed by Council, along with their specific funding sources. Mayor Bergsund inquired as to the status of Avenida Miraflores curb repairs and the need for specific landscape improvements and maintenance in this area~ Superintendent of Public Works Brunini noted the proposed Community Development improvements south of the Knoll will eventually require additional landscaping maintenance by the Public Works Department. ~nd specifically the triangle at the intersection of Tib. Blvd. and Avenida Town Council Minutes #501 June l8, 1979 Page 1 Miraflore Additional questions by Council were directed regarding the proposed Police Department re-location and building improvements, steps to be installed along the Richardson Bay Lineal Park shoreline, and the amount of funding being recommended for the restoration of the Reedland Woods School playfield. Council directed the Town Manager to include $l,OOO funding assistance for the Corte Madera Marsh Ecological Reserve. These funds are not to be expended until Council has had an opportunity to review the future project plans and extent of participation by other jurisdictions.There being no further deletions, revisions or additions, Council gave tentative approval to the Capital Improvements Program. 5. Tiburon Hills Estates: Hanson reviewed the most recently revised proposal to be considered by the Marin County Board of Supervisors and requested Council's comments concerning the modified convers~on. It was the sense of the Council N}SN ;tiy1,.s/ ~ #I ~ ~ ~ ;1ItjIjl ~ IJ/sIIJAY MN~eI MiV MYel M1efu1 ~ ~ ~W ~~,1 even though the Supervisors will probably act on this item at their meeting IV. ADJOURNMENT the next day, it would be unwise to modify our position on the conversion without the full Council in attendance There being no further public comments or Council discussion, Mayor Bergsund adjourned the meeting at ll:20 p.m., sine die. ,--------------- ;nd without proper public noticing. ( 12. 6YMj1Ut~, Bergsund~ Mayor ATTEST: R. L. Kleinert, Town Manager/Clerk Town Council Minutes #501 June 18, 1979 Page 2 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., Wednesday, June 20, 1979, in the Town Manager's office, Town Hall, Tiburon, California. I. ROLL CALL Present: Councilmen: Ex Officio: Edelstein, Bass, Rockey, Bergsund, 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 pending and current litigation. REGULAR MEETING Mayor Bergsund reconvened the Town Council for the regular business meeting session at 8:30 p.m. ifr the Town Council Chambers, Reed School, Tiburon, California. Ex Officio Present: Director of Community Development Hanna, Chief of Police Bailey, Superintendent of Public Works Brunini, Minute Clerk Kraft. II. APPROVAL OF MINUTES #499 - Item 5, next to last line of the motion, delete "An agreement to be reached" insert "as approved by the Director of Community Development." Item 6, line 3 of the motion, delete "second story", insert "two story wall": line 4, add "scale and character": last line delete "and the architect and a compromise reached." Item lO, line 12, after "Kleinert" add "said that Staff had considered" Item 12, add "Council suggested contacting MMWD regarding a reduction or waiving of the hook-up fees." MOTION: Moved: Vote: Absent: to approve Minutes #499 as corrected Hanson, Seconded by Bass unanimous none #500 - Item III, 3, add "Councilman Rockey and Hanson" MOTION: Moved: Vote: Absent: to approve Minutes #500 as corrected Rockey, Seconded by Hanson Unanimous none III. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS A. Marin County Priority Setting Committee Councilman Bass reported that the second meeting of the Priority Setting Committee had been held in late May. Regarding the Highway Traffic update, each community has been asked to submit a report delineating its traffic problems. All of this information will be sent to ABAG and MTC for analysis. Bass further reported that $30,000 in extra Block Grant Funds has been awarded to the County for consultant study of housing in the County and Cities: this will be for upgrading the housing element in the County. Next month the County will be doing Minutes #502 Town Council June 20, 1979 Page 1 a land utilization study including density figures. This information will also be sent to ABAG and MTC for analysis. The next Priority Setting Committee meeting will be on July 27, 1979. B. Hilarita Project/TEA Status Report Town Representative Dee Moss gave an update report on the status of the Hilarita. She introduced member-at-large Helen Benedict and new Hilarita President Marion Burnett. The HIlarita is striving to be a model, non-profit, moderate income housing project. The most immediate need is for a playground for the children. They will be applying for block grant funds for this project. Ms. Moss reported that there are 102 apartments in the Hilarita, 268 residents, 54 males, 98 females, 116 children, 25 over age 62, 25 rental subsidies, 7 handi- capped, l5% Black, 6% Oriental, and 9% Hispanic. She concluded her report by noting that there are some children who will need a subsidy in order to participate in the Parks and Recreation activities this summer. C. Mayor Bergsund reminded everyone of the Town's Fourth of July Picnic to be held on McKegney Green. Town Manager Kleinert requested that Council waive the sign ordinance provisions concerning banners and allow the Chamber of Commerce to utilize a banner to advertise the picnic. Council agreed. IV. APPOINTMENTS TO COMMISSION, COMMITTEES, AND BOARDS Mayor Bergsund announced that there are openings on the Planning Commission, Board of Adjustments and Review, Parks and Recreation Commission and Fine Arts Commission at this time. Also, the Marin- Sonoma Mosquito Abatement Board has an opening for a Tiburon resident. Council will interview interested candidates on Thursday, July l2th for these openings. V. PUBLIC QUESTIONS AND COMMENTS There were none at this time. VI. CONSENT CALENDAR Items #8 and #6 were added to the Consent Calendar. MOTION: to approve the Consent Calendar consisting of the following items: l. FINANCIAL REPORT (May 1979) 2. JULY 4TH FUN RUN (Related to Chamber of Commerce Town Picnic) 6. OLD TIBURON SCHOOL CONVERSION (Option for Town to purchase real property from RUSD) 8. ADOPTION OF 1979-80 FINAL TOWN BUDGET (recommend continuance to July 9, 1979 Council meeting) Rockey, Seconded by Bass unanimous none Moved: Vote: Absent: VII. PUBLIC HEARINGS 3. DOWNTOWN REFUSE AND DEBRIS PICK-UP Town Manager Kleinert reviewed the concern expressed by local merchants and some residents of Corinthian Island regarding the time that the garbage pick-up begins each morning in the Downtown area. Merchants would like the garbage picked up as early as possible, beginning at 5:30 a.m. Residents, concerned about the noise generated,want the garbage piCk-up to begin not earlier than 7 a.m. during the week and 8 a.m. on weekends and holidays. In response to a quest~on from Councilman Edelstein, Chut Dami of Mill Valley Refuse explained that the trucks leave their yard at 5 a.m., make a stop in Mill Valley and the Strawberry Commercial area and then proceed to Tiburon. It is difficult to determine exactly what time they will begin the pick-up in Tiburon. Town Council MInutes #502 June 20, 1979 Page 2 Mayor Bergsund asked Mr. Dami if MVR could use open trucks in order to avoid the noise generated by the compactors. Mr. Dami said that they no longer use open trucks. Edelstein asked if it would be possible to load the garbage, move to another area and then run the compactor. Mr. Dami said this would add considerable time to their run. Mayor Bergsund opened the public hearing. Dr. Sugarman of Corinthian Island explained that this problem has been in existence for many years. As spokesman for the Corinthian Island residents, he stated that the garbage trucks make far too much noise to be allowed to begin their pick-up earlier. He suggested the town conduct decibel studies to determine how much noise pollution the trucks cause. Mr. Chuck Koehler agreed with Dr. Sugarman and said that the answer is noise control, that the noise is what is extremely bothersome so early in the morning. Mr. Lou Sabella, owner of Sabella's restaurant, representing the Downtown Merchants and the Chamber of Commerce, noted that the pick-up is getting later and later, that is unsightly for the Town to have the garbage on the street for so long. He agreed that if the MVR could begin the pick-up right at 7 a.m. it would be acceptable. George Haggett said that the street is often left dirty after the garbage pick-up and that it is unsanitary. Council asked Mr. Sabella if the merchants can cooperate and hire someone to sweep or hose down Main Street after the garbage pick up. Mr. Sabella said efforts to do this in the past have failed but he would try again. Mr. Dami agreed to investigate why the times vary so much as to when the trucks arrive in Tiburon to begin the pick up and would report back in a month. In the meantime it was agreed that the MVR would not begin pick-up until 7 a.m. on the week days and 8 a.m. on the weekends. 4. MASTER AND PRECISE PLAN FOR 31 MAIN STREET Director of Community Development Hanna explained that Council had already had the first reading of an ordinance approving the Master Plan to allow the beauty salon and boutique at 3l Main Street. MOTION: Moved: Vote: Absent: to read by title only Ordinance No. 211 Hanson, Seconded by Bass Unanimous none Mayor Bergsund read Ordinance No. 21l, AN ORDINANCE OF THE TOWN OF TIBURON APPROVING MASTER PLAN FOR 31 MAIN STREET. MOTION: Moved: Vote: Absent: to approve Ordinance No. 211 Hanson,Seconded by Bass unanimous none MOTION: to approve Resolution No. 1051, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING PRECISE PLAN FOR 31 MAIN STREET Moved: Hanson, Seconded by Rockey Vote: unanimous Absent: none VIII. BUSINESS 5. CONDOMINIUM CONVERSION ORDINANCE (Preliminary draft review of tentative revision to permit procedures) Director of Community Development Hanna presented the draft review of fue revision to premit procedures. He explained that this new ordinance will emcompass all zones. This was on the agenda for discussion purposes only, as public hearings will have to be held before the Planning Commiss- ion and Town Council before any adoption of changes. Councilman Bass asked that the changes in the proposed ordinance be more clearly defined and that copies of ordinances from other cities be made available. He also voiced concern about the social implications of condominium conversions and noted that it may take more than ordinances and law to address these problems. Hanna explained that the ordinance changes are not major: one addition however is the requirement of two parking spaces (off street) for each condominium. Hanson expressed concern about item Minutes #502 Town Council June 20, 1979 Page 3 7 on page 3 and asked that the word "substantially" be inserted to "affect the provision of rental housing in the community." Resident Gene Marans noted that the lot coverage, square footage, is not addressed and Nat Marans asked about the recent questionnaire sent to Ad Hoc Committee members regarding square footage requirements for condominium conversions. Councilman Rockey complimented Hanna on a good start and said that some of the questions and problems may be solved during the public hearings before the Planning Commission. Mayor Bergsund*$~4~~$t~~/ t~mirtrlirt4/i~li/li~m/i6/i~e/Ptinnlrl4/t6mmlssl~n/f~t/p~~1li/M~atln4i*cut ,the discussion short and suggested that persons wishing to address this subject 7. TIDELANDS - RICHARDSON BAY (Consideratinn of Town ownership~ of State tide lots) ~ould do so at the Planning Commission public hearing. Director of Community Development Hanna explained that the tidelands depicted in the staff report may revert back to the State from the County by November, 1979. The Town of Tiburon may wish to take title to the tidelands. Councilman Hanson asked if there would be any cost involved. Hanna responded just the paper work and registering with the State, but there would be no additional costs. The tidelands in question are four long narrow strips of land in Richardson Bay near Strawberry. Because of their location, Councilman Edelstein asked if ownership of these lands would in any way hinder annexation of Strawberry in the future. Resident Jim Mallott of Greenwood Beach Road spoke against the Town acquiring these tide lands saying that it would just add a layer of bureaucracy. Superintendent of Public Works Brunini warned Council that ownership of these tide lands may also require Tiburon residents to pay for the dredging of the channel. MOTION: to send a letter to the County indicating interest in acquiring these tide lots, including the A-3 area on the parcel map, on the condition that there are not cost implications. Hanson, Seconded by Rockey unanimous none Moved: Vote: Absent: IX. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS Town Manager Kleinert asked for authorization to pursue the CRIS model with ABAG. This computer processing model will enable us to get more accurate details regarding potential development in Tiburon. Council asked if Southern Pacific would be contributing toward the development of the CRIS model. Staff stated Southern Pacific would either be using their own financial consultant or the CRIS model if time permits. MOTION: to authorize the Town Manager to pursue implementation of the CRIS model for Tiburon Rockey, Seconded by Bass unanimous none Moved: Vote: Absent: In a discussion about the Southern Pacific Downtown Plan, Deputy Town Attorney Ragghianti advised Council to determine a definite time line and series of deadlines for Southern Pacific to meet regarding their plan. He noted that if Southern Pacific is unable to meet these dead- lines then the Town would have a strong position for denial of the plan. He explained that the burden is on the Town to establish these deadlines and then on Southern Pacific to meet them. There is only six months left in the one-year hearing period and if the Town does not act on the application it automatically is approved at that time. Council direct- ed Director of Community Development Hanna to establish the series of deadlines right away. x. ADJOURNEMENT There being no further business of the Town Council, Mayor Bergsund adjourned the meeting until Monday, July 9, 1979 at 8 p.m., Room 9, Reed School, at 12 midnight. 1Mayor June 20, 1979 Page 4 CORRECTED TOWN OF TIBURON TOWN COUNCIL I. 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. on Monday, July 9, 1979, in the Town Council Chambers, Room 9, Reed School, Tiburon, California. II. ROLL CALL Present: Absent: Present: Councilmen: Councilman: Ex Officio: Bass, Bergsund, Rockey, Edelstein Hanson Town Manager Kleiner, Director of Community Devel- opment Hanna, Town Attorney, Conn, Town Engineer Bala, Superintendent of Public Works Brunini, Chief of Police Bailey, Deputy Town Treasurer Nadritch, Minute Clerk Kraft III. APPROVAL OF MINUTES 11501 - Page 1, item 4, end of line 7, add "and specifically the triangle at the intersection of Tiburon Boulevard and Avenida Miraflores." Page 2, item 5, line 5, add "the Council that even though the Supervisors will probably act on this item at their meeting the next day, it would be unwise to modify our position on the conversion without the full Council in attendance and without the proper public noticing." MOTION: Moved: Vote: Absent: to approve Minutes 11501 as corrected Rockey, Seconded by Bass Unanimous Hanson 11502 - Page 4, item 5, line 8, add "Mayor Bergsund cut the discussion short and suggested that persons wishing to address this subject should do so at the Planning Commission public hearing." MOTION: Moved: Vote: Absent: to approve Minutes 11502 as corrected Edelstein, Seconded by Rockey Unanimous Hanson III. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS preliminary Councilman Rockey reported that we can expect/approval from HUD of the conversion of the Old Tiburon School to housing for the elderly this week. The estimated cost of this project is $200,000, to be funded by Section 8 funds; this figure is for the construction conversion only. He thanked architect George Banning for his cooperation in expediting the submittal of the drawings for this project. IV. APPOINTMENTS TO COMMISSIONS, COMMITTEES AND BOARDS Mayor Bergsund announced that Council will interview those people interested in applying for the opening on the Fine Arts Commission, Planning Commission and Board of Adjustments and Design Review Board on Thursday evening, July 12th at 8 p.m. in the Community Room of the Hilarita. Announcements of the appointments will be made at the regular July 18th Town Council meeting. V. PUBLIC QUESTIONS AND COMMENTS Resident Fred Zelinsky asked that Council monitor the times of the garbage pick up on Main Street and ask the Mill Valley Refuse Company to abide by the decision to do the pick up between the hours of 7 a.m. and 8 a.m. each morning. VI. RECOGNITION OF TOWN SERVICE Mayor Bergsund read Resolution No. 1052, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON COMMENDING ADMINISTRATIVE INTERN GERALD BELLETTO FOR HIS SERVICE TO THE TOWN OF TIBURON. Town Manager Kleinert thanked Gerry for his service to the Town and wished him well. Town Council Minutes 11503 July 9, 1979 Page 1 VII. CONSENT CALENDAR Item #4 was continued to the regular Town Council meeting of July 18, 1979. Item #10 was added to the consent calendar with the unanimous vote that Tiburon not participate in a joint powers agreement with other Marin Cities to pursue ways to acquire Hamilton Air Force Base for airport use as has been requested by Sausalito Council. MOTION: Moved: Vote: Absent: VIII. to approve the Consent Calendar consistLttg of the following items: 1. POLICE REPORT (June 1979) 2. POLICE PISTOL RANGE AGREEMENT (1979-80) 3. GUARDRAILS FOR MAR WEST AND CENTRO EAST (Award of Contract) 10. LETTER FROM MAYOR OF SAUSALITO TO TOWN COUNCIL (Regarding Hamilton Air Force Base) Rockey, Seconded by Bass Unanimous Hanson PUBLIC HEARINGS 5. MASTER AND PRECISE PLAN - TIBURON LODGE Director of Community Development Hanna described the application of a 2,000 sq. ft. meeting room to be added to the existing Tiburon Lodge. The meeting room will be on the lower floor with 4 additional motel units on the upper floor. Parking will be expanded to the West of the existing Lodge. Mayor Bergsund opened the public hearing. Architect for the applicant, Lee Karney, reviewed the parking spaces presently available at the Tiburon Lodge and those proposed. Council particularly requested the Board of Adjustments and Review to look carefully at the landscaping in the parking areas proposed so that the area is attractive and not just asphalted over. Councilman Bass expressed concern about this expansion as it related to the Southern Pacific Railroad property and their downtown plan and requested maps of both proposals to help clarify this concern. MOTION: Moved: Vote: Absent: to read the ordinance by Title only Rockey, Seconded by Bass Unanimous Hanson Mayor Bergsund read by title, AN ORDINANCE OF THE TOWN OF TIBURQN AMENDING ORDINANCE NO. 187 N.S. BY APPROVING AMENDMENT TO ZELINSKY MASTER PLAN. MOTION: / Moved: Vote: Absent: to approve first reading of the above Ordinance with the condition that the reserved unpaved parking area be kept available for spillover parking. Edelstein, Seconded by Rockey Unanimous Hanson 6. MASTER AND PRECISE PLAN - 21 MAIN STREET Director of Community Development Hanna described the application to establish a travel agency on the second floor at 21 Main Street. The business will be open Monday through Friday from 8:30 a.m. to 5:00 p.m. with two full time employees. Most of the business is conducted over the telephone. The two required parking spaces will be rented from the Metro Parking Lot. Mayor Bergsund opened the public hearing. Hearing no comments from the public, she declard the public hearing closed. MOTION: Moved: Vote: Absent: to read the Ordinance by title only Edelstein, Seconded by Bass Unanimous Hanson Mayor Bergsund read by title, AN ORDINANCE OF THE TOWN OF TIBURON APPROVING MASTER PLAN FOR 21 MAIN STREET. MOTION: Moved: Vote: Absent: to approve first reading of the above Ordinance Rockey, Seconded by Edelstein Unanimous Hanson Town Council Minutes #503 July 9, 1979 Page 2 7. DESIGNATION OF HISTORIC LANDMARK (Old St. Hilary's) Town Manager Kleinert reviewed the Heritage Commission's action adopting a resolution designating Old St. Hilary's the third Historical Landmark of the Town of Tiburon and their request that Council do likewise. Mayor Bergsund opened the public hearing. Gene Marans asked if the specific Assessor's parcel numbers could be included in the Resolution before adoption. Council agreed. Hearing no further comments, Mayor Bergsund closed the public hearing. MOTION: Moved: Vote: Absent: to adopt RESOLUTION NO. 1054, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DESIGNATING OLD ST. HILARY'S AS A HISTOR- ICAL LANDMARJ(. Bass, Seconded' by Edelstein Unanimous Hanson IX. BUSINESS 8. ADOPTION OF THE 1979-80 FINAL TOWN BUDGET (Resolution) Town Manager Kleinert reviewed the fact that Council had held three public hearings in reference to the proposed 1979-80 Town Budget. Along with the public hearings the Citizens' Advisory Finance Committee provided recommendations concerning improved fiscal management and procedures and long range financial planning ovjectives. He thanked the Committee for all their efforts and the time they contributed to this process. Kleinert noted that we are not yet at a balanced budget as we will have to use some of the unallocated reserves. Police Chief Bailey explained his concern about the staffing of the Police Department and once again requested an additional officer be hired. Steve Denney and John Kim of the Police Department were also present in support of this request. Councilman Rockey described his experiences while spending time at the police department and stated, "the stage is set for some sort of re-organization of the police department, however, at this time I support the Town Manager's position and I urge Chief Bailey and Mr. Kleinert to work together towards a solution." Council- men Bass and Edelstein agreed. Mayor Bergsund also agreed but thought we may find in the near future the need to hire an additional officer. Citizens' Finance Advisory Committeemember John Harrington disagreed stating he felt we need another police officer at this time. Councilman Edelstein stressed that it is imperative that we are able to pay our current police force an equitable wage and not be in a situation where there are more policemen but none are paid fairly.* Virginia Peterson of the Citizens' Finance Advisory Committee, stressed her feeling that we need another police officer at this time. Resident Nat Marans questioned Council about abating illegal 2nd units and requested that this be given a high priority in time, effort and necessary expense. After a short discussion it was agreed by Council that the Fine Arts Commission should be self supporting and the $7750 AAAP~AVpAVft~APftAA !jp~/t~fi/p~fi!At~p~~pA~/t**Also, it was decided to move the $1400 from line 235 of Department 011 (Town Council) to line 239. Mr. Edelsteip*~~ftfift t~ftt an ordinance be drafted which would increase the development impact fee. ***reminded staff and Council of MOTION: to adopt resolution no. 1054, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING THE MUNICIPAL BUDGET FOR FISCAL YEAR 1979-80. Bass, Seconded by Edelstein Unanimous Hanson Moved: Vote: Absent: 9. ANIMAL CONTROL (revisions to County Ordinance) The County has requested Council to draft an amendment to the Animal Control Ordinance establishing the dog license year from August 15 of each year and provide for a 45 day initial licensing period from August 15 to September 30 and to allow the dog license fee to be set by resolution of the Board of Supervisors. MOTION: to read by title only the proposed ordinance Moved: Bass, Seconded by Edelstein Vote: Unanimous Absent: Hanson Mayor Bergsund read AN ORDINANCE OF THE TOWN OF TIBURON AMENDING SECTIONS 20-16, 20-17, and 20-18 OF THE TIBURON CODE PERTAINING TO ANIMAL CONTROL Town Council Minutes #503 July 9, 1979 Page 3 MOTION: Moved: Vote: Absent: to approve 1st reading of the above ordinance Edelstein, Seconded by Bass Unanimous Hanson X. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS Town Manager Kleinert reported that the Reed Union School District Board of Trustees is concerned about the liability insurance for crossing guards along Tiburon Boulevard. Mayor Bergsund reported that Chairman of the Board, Marshall Turner, has suggested that the Town of Tiburon take over the crossing guard program completely. Mr. Kleinert reported that Council has been asked by the County Department of Health and Human Services to consider placing on the ballot in November a measure which would estab1ish:a paramedic service program for Tiburon. Councilman Bass asked that this issue be placed on the July 18th regular meeting agenda. Mr. Edelstein asked if it would be appropriate to place on the November ballot a measure which would increase the property development tax in Tiburon. Staff was directed to investigate and report back at the next meeting. XI. ADJOURNMENT There being no further business of the Council, the meeting was adjourned to an Executive Session at 7 p.m. on Thursday, July 12, 1979, at the Community Room of the Hi1arita, at 1 a.m. Thursday, July 10, 1979. ~l) J2 . f3t . Bergsund, Tiburon ATTEST: \ *"He also recommended that the Council's Public Services Committee review with the polic Chief policies regarding non-essential services with a view towards reducing work load." ** "be clarified in the operating budget to show a net zero." Town Council Minutes #503 July 9, 1979 Page 4