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HomeMy WebLinkAboutTC Min 1982 (January thru August) MINUTES TOWN COUNCIL CALL TO ORDER Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 7:38 PM, Wednesday, August 18, 1982 in the Library of the Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith, Rockey EX-OFFICIO: Acting Town Manager Nadritch, Deputy Town Attorney Ragghianti, Director of Community Development Hanna, Chief of Police Bailey, Supt. of Public Works Brunini, Town Engineer Bala, Minute Clerk Stultz B. APPROVAL OF MINUTES #595, August 4, 1982 Page 1, approval of minutes #594, add Abstained: Rockey Page 3, change Supreme Court to Superior Court Page 6, Change Council Edelstein to Councilman Edelstein MOTION: Moved: Vote: approve minutes #595 as amended Smith, Seconded by Bergmann AYES: Edelstein, Bergmann, Smith, Rockey ABSTAIN: Spratling C. COMMISSION AND COMMITTEE ORAL REPORTS Councilman Smith reported that the Marketing Advisory Committee to Harbor Carriers has met several times and have generated a communi- cations and marketing plan which is now being evaluated by interested parties, including Harbor Carriers. The Committee would like to move rapidly in conducting an assessment survey and audit which will tell the true ridership participation on the Tiburon peninsula and potential ridership. He noted the Committee will need from 10-20 people who would earn $5/hr. to telephone residents on the Tiburon peninsula and survey them. It is intended that these workers would work 3 hours a day, Monday through Friday and 4 hours on Saturday. Harbor Carriers has agreed to underwrite the project by providing $4,500. The survey information will be analyzed by the Field Research Corporation. He recommended anybody interested in working on this project should contact Town Hall. Mayor Rockey reported he has received a letter from Dick Spotswood, Marin County Council of Mayors & Councilmembers representative to the Golden Gate Bridge District. Mr. Spotswood has indicated a willingness to give an oral update at one of the Town Council meetings. Council noted the monthly updates at the MCCMC meetings is sufficient. Mayor Rockey noted he has received a letter from the California Automobile Association indicating that Tiburon has received a pedestrian safety award for 1982. Council commended the Chief of Police and the police force for their efforts in regard to this matter. D. PUBLIC QUESTIONS AND COMMENTS Mr. Paul Krafzick, 529 Virginia Drive, reported that on August 8, 1982 he sent a letter to the Town Council to agendize the matter of the structure being built at 530 Comstock. Mayor Rockey requested that Mr. Krafzick present the issue to the Council so the Council can decide what can be done regarding this matter. Mr. Krafzick stated he does not feel the structure being built is within the Town's zoning ordinance and that the Council should take immediate steps to require the owner to redesign and reconstruct the addition. Council referred the matter to the Town Attorney to determine whether this matter can be agendizedl Council requested that a copy of the whe.ther MrL Kraftizkdis in proper standing and whether the Town has autnorlty LO reconSl er the matter. TOWN COUNCIL MINUTES #596 AUGUST 18, 1982 PAGE ONE Town Attorney's letter be forwarded to Mr. Krafzick. E. CONSENT CALENDAR Council moved Items No.4, 5, and 6 to the Consent Calendar for continuance. Council removed Items 1 and 3 from the Consent Calendar for discussion. MOTION: Approve the Consent Calendar, as amended, consisting of: 2. MARIN COUNTY MAJOR CRIMES TASK FORCE (Revisions to Joint Powers Agreement) 4. AMENDMENT TO UNIFORM BUILDING CODE (Clarify Secondary Exiting Requirements, Continued to 9/1/82) 5. AMENDMENT TO ZONING ORDINANCE (Establish Zoning Violation Infractions, Continued to 9/1/82) 6. TENTATIVE SUBDIVISION MAP (Moana, Mar West Street, Continued to 9/1/82) Spratling, Seconded by Bergmann AYES: Unanimous Moved: Vote: 1. POLICE REPORT (July 1982) Councilman Smith requested a discussion regarding traffic enforcement along Tiburon Boulevard. He noted he feels the 40 MPH speed limit should be enforced, but questioned if it would be practical to issue a warning for the first offense and a ticket for a second offense. Chief Bailey noted it would be very difficult to keep track of who has received a warning and who has not. He noted presently the ratio of warnings issued to tickets for speeding along Tiburon Blvd. it 2:1. Chief Bailey reported Officer Benningson wrote 8 speeding tickets today and issued 12 warnings. The speeding tickets were issued to people ~1~y~ri~g/f1~/lr~~/~~ /7~~/~X~~g/~~~~~X~y~t~1 substantially exceeding the speed limit. Engineer Bala noted that if the 40 MPH speed limit is not enforced the next time the State takes a traffic survey they will again raise the speed limit. MOTION: accept the monthly police report along with the statement confirming it is still the policy of the Town that it desires strict enforcement of speed limits on Tiburon Blvd. Moved: Vote: Spratling, Seconded by Edelstein AYES: Unanimous 3. TRAFFIC SAFETY COMMITTEE REPORT (August 1982) Council discussed the request for changing the sign at Seafirth Road and Paradise Drive. Councilman Smith questioned if a sign stating "One-Way Do Not Enter" would resolve the problem. Chief Bailey noted the traffic manual that dictates what is a proper sign for a certain area does not contain such a sign. Councilman Edelstein questioned if creative road striping would help solve the problem. After discussion, Council recommended that the Traffic Safety Committee contact the homeowners association to determine exactly what the problem is and further review steps that could be taken to resolve the problem. Council discussed parking along Tiburon Boulevard. Councilman Smith reviewed the problems associated with making a left hand turn from Tiburon Boulevard if there are cars parked on the waterfront side of the road. He questioned whether it would be possible to provide a left hand turn lane along Tiburon Bouelvard. Council directed the Traffic Safety Committee to further review this matter keeping the turning problem in mind. G. BUSINESS 7. ENCROACHMENT INTO TOWN EASEMENT (141 Sugarloaf Drive) TOWN COUNCIL MINUTES #596 AUGUST 18, 1982 PAGE TWO Mayor Rockey reported that all Councilmembers have been to the site with Town Staff. Councilman Edelstein stated the goal of what the Council would like to see achieved would be access to the high-point knoll to the right of the water tank. He noted access to that point could have been achieved by the present ease- ment that is being encroached upon. He requested that Staff investigate with the Marin Municipal Water District the possibility of installing a set of steps either to the left or right of the water tank which will allow access to the knoll. He stated if this access is possible the property owner of 141 Sugar loaf should be required to pay for the installation of the steps. Councilman Edelstein noted he would also like to see a path easement reserved on the last undeveloped lots on Sugar loaf Drive when construction is applied for. Councilman Spratling questioned if the Town has confirmed whether the property where the proposed steps are to be installed is actually on MMWD property. Councilman Edelstein stated the outlook may be on the adjacent private property. Councilman Smith stated thatilocating the stairway on the left of the water tank would necessitate it being inside the MMWD fence and therefore relocation of the fence. The access to the right is outside of the fence but up a very steep bank. He stated he feels using the access on the left side of the water tank would be the most appropriate. Councilman Spratling noted his concern over the contemplated trail being over the present sewer easement and the process for doing this. Council directed Staff to report back at the next regular meeting addressing the above matters. 8. PLANNING SERVICES FEE SCHEDULE (Approval of Certain Fee Modifications) Councilman Spratling stated he is not in favor of reducing any existing fees and that he would like to see the Planning Department become self-supporting. Councilman Spratling referred to #1 under Design review, noting the fee should be $50 without a field trip and $100 with a field trip, and not as proposed $25 and $75 repsectively. Councilman Edelstein questioned what area received the greatestn~ of complaints of fees being excessive. Director Hanna noted small, minor additions. Councilman Spratling then referred to design review of new residences and recommended instead of the fee being 1% of the valuation of a new home a fee of ~% of the improvement based upon $80/sq.ft. be used for new construction. Therefore a new 3000 sq. ft. home would cost $1,200 for design review. Mayor Rockey noted he would not support a fee of $1,200 for design review of a new home. After further discussion the matter was referred to the Lands and Development Committee to meet with Town Staff to further refine the fee schedule. Councilman Spratling requested Staff to obtain fee schedules from other jurisdictions. 9. TEMPORARY USE PERMIT P.D. ZONE (Zelinsky Vehicle Parking Storage at Ark Row) Council waived the oral Staff Report. Council recommended the resolution be amended to read "In accordance with Ordinance No.9 N.S., Section 10-10(J), the Temporary Use Permit shall be for a period of one year". MOTION: Moved: Vote: adopt the resolution as amended (No.2041) Spratling, Seconded by Smith AYES: Unanimous TOWN COUNCIL MINUTES #596 AUGUST 18, 1982 PAGE THREE 10. HOUSING ELEMENT UPDATE (Response to State's Comments) Councilman Smith stated in general he felt the response to the State's comments is a good document. Councilman Edelstein stated is should be noted in the letter that this response has been reviewed by the Planning Commission and the Housing Committee. This matter was continued to the next regular meeting to allow Council further time to'review the Town's response letter. H. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS 11. ALLEGED SECOND UNIT AT 2150 PARADISE DRIVE Director Hanna noted the Town's inspection of the subject property did not reveal there was a second unit on the property, based on the Town's definition of a second unit. Director Hanna noted the Town has received a letter from the Lyford's Cove/Old Tiburon POA regarding two possible illegal units. He noted the Town is attempting to inspect the dwelling units. Council noted they are waiting for the zoning ordinance update to address the definition of a second unit. Mr. Nat Marans spoke on the matter of illegal units. 12. LETTER FROM MARIN AREA AGENCY ON AGING Council recommended Helen Benedict be contacted and asked if she knows of anybody willing to be Tiburon's representative on this Board. Councilman Bergmann recommended Cybil Reynolds and Sylvia Vigno WVglfVqVbe contacted for possible appointment. Council expressed their appreciation to Jean Nourse for serving the Town of Tiburon on this Board. Town Engineer Bala reported that as a result of the January 4 storm, Mrs. Katie Bruel, 57 Mercury would like to construct and repair a drainage culvert on her property. She has requested that the Town of Tiburon accept this culvert into its drainage system for future maintenance. Engineer Bala recommended the Town accept the improvement, subject to the Town obtaining the necessary easements, Town inspection of the improvement, and maintenance of the culvert for one year by Mrs. Bruel. MOTION: Moved: Vote: accept the Town Engineer's recommendations Spratling, Seconded by Bergmann AYES: Unanimous Acting Town Manager Nadritch reported the Town has received verbal notificiation from the S.F. Foundation that they have awarded the Town a $351,000 grant for storm repairs to Alcatraz Avenue and Roundhill Road. Engineer Bala requested permission to proceed with the Alactraz Avenue repairs. MOTION: subject to receiving written confirmation from the S.F. Foundation the Town Engineer is authorized to proceed with the Alcatraz Avenue repairs Edelstein, Seconded by Bergmann AYES: Unanimous Moved: Vote: Town Engineer Bala requested authorization to install a header along the path through the South of the Knoll Improvements MOTION: Moved: Vote: to approve the Town Engineer's request Bergmann, Seconded by Edelstein AYES: Unanimous I. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Rockey adjourned the meeting at 9:30 PM, Wednesday, August l/if~~~;7-iJJ:~~R~~YOR R.L. KLEINERI', TOWN MANAGER/CLERK "" TTr".-rt""rn , 0 , n 0') 1)n~v v()TT"R MINUTES TOWN COUNCIL CALL TO ORDER Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 PM, Wednesday, August 4, 1982 in the Library of the Del Mar School, Tiburon, CA. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey EX-OFFICIO: Town Manager Kleinert, Town Attorney Conn, Director of Community Development Hanna, Town Engineer Bala, Chief of Police Bailey, Supt. of Public Works Brunini, Minute Clerk Stultz ABSENT: COUNCILMEMBER: Spratling B. APPROVAL OF MINUTES #592, June 16, 1982 Page 4, Item 8, change relocated to relocate MOTION: Moved: Vote: Approve minutes #592 as amended Smith, Seconded by Bergmann AYES: Unanimous ABSENT: Spratling #593, July 7, 1982 MOTION: approve minutes #593 as submitted Moved: Bergmann, Seconded by Smith Vote: AYES: Unanimous ABSENT: Spratling #594, July 21, 1982 Page 4, 1st paragraph, Council requested the Minute Clerk to determine the date of the B.A.R. meeting at which the fence matter at 141 Sugarloaf Drive was discussed. The matter was given Staff Approval in April 1980. MOTION: Moved: Vote: approve minutes #594 as amended Smith, Seconded by Bergmann AYES: Unanimous ABSENT: Spratling C. COMMISSION AND COMMITTEE ORAL REPORTS Councilman Smith reported he has received several complaints regarding the dirt and dust that is collecting on the Lagoon Road Tennis Courts caused by the SASM construction. Council recommended this matter be moved down on the agenda for discussion under the Business section. D. PUBLIC QUESTIONS AND COMMENTS 1. RECOGNITION OF SERVICE TO THE TOWN OF TIBURON (J. Berryman, C. Jurs, M. Cavanaugh Manager Kleinert reported that Jack Berryman has been donating his time for the past two years to the Joint Recreation Committee as a bookkeeper/accountant. Kleinert noted he has done an excellent job in organizing the financial record keeping for the Committee. Charlotte Jurs has been donating her time one day a week working for the General Services Department. Chief Bailey expressed his appreciation to Michael Cavanaugh who has been working as a reserve police officer for the Tiburon Police Department since 1973. TOWN COUNCIL MINUTES #595 AUGUST 4, 1982 PAGE ONE Council expressed their appreciation to Jack Berryman, Charlotte Jurs and Michael Cavanaugh for their dedication and services to the Town of Tiburon. MOTION: Moved: Vote: adopt the resolutions of appreciation for services to the Town of Tiburon (Nos. 2031, 2032. 2033) Edelstein, Seconded by Smith AYES: Unanimous ABSENT: Spratling E. CONSENT CALENDAR In regard to Item #5, Dick Conrad of PG&E advised the Council that there may be some costs to the Town associated with the Statewide Street Lighting Association. Council moved Item #7 to the consent calendar noting this matter is to be continued. MOTION: approve the Consent Calendar, as amended, consisting of: Moved: Vote: 2. FINANCE REPORT (June 1982) 3. GAS TAX INITIATIVE (Approval of Agreement for Allocation of Revenues) 4. STORM DAMAGE ASSISTANCE (Authorize Application to S.F. Foundation, Resolution No. 2034) 5. STREET LIGHTING (Support Statewide Effort to Reduce Energy Costs, Resolution No. 2035) 6. CAPITAL EQUIPMENT OUTLAY (Authorize Budgeted Town Equipment Expenditures) 7. AMENDMENT TO UNIFORM BUILDING CODE (Clarify Secondary Exit Requirements, Continued) Smith, Seconded by Bergmann AYES: Unanimous ABSENT: Spratling F. PUBLIC HEARINGS 8. MASTER & PRECISE PLAN AMENDMENT (P. Kahn, Ordinance 2nd Reading, Resolution) Council waived the oral Staff Report. Mayor Rockey opened the Public Hearing, being no response the Public Hearing was closed. MOTION: Moved: Vote: read by title only Smith, Seconded by Bergmann AYES: Unanimous ABSENT: Spratling Mayor Rockey read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE AMENDMENT TO THE MASTER PLAN FOR THE SUBDIVISION LOCATED AT 4883 AND 4885 PARADISE DRIVE". MOTION: Moved: Vote: MOTION: Moved: Vote: adopt second reading of the aforementioned ordinance Bergmann, Seconded by Smith AYES: Edelstein, Bergmann, Smith, Rockey ABSENT: Spratling adopt the resolution approving the Precise plan amendment (2036 Bergmann, Seconded by Smith AYES: Unanimous ABSENT: Spratling 9. AMENDMENT TO ZONING ORDINANCE (Establish Zoning Violation Infractions, Ordinance 1st Reading) Council waived the oral Staff Report. Mayor Rockey opened the public hearing, being no response the Public Hearing was closed. AUGUST 4, 1982 PAGE TWO TOWN COUNCIL MINUTES #595 MOTION: Moved: Vote: read by title only Edelstein, Seconded by Bergmann AYES: Unanimous ABSENT: Spratling Mayor Rockey read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DESIGNATING VIOLATIONS OF ORDINANCE NO 9 N.S. OF THE TOWN OF TIBURON AS INFRACTIONS". MOTION: Moved: Vote: adopt first reading of the aforementioned ordinance Bergmann, Seconded by Edelstein AYES: Edelstein, Bergmann, Smith, Rockey ABSENT: Spratling 10. UNDERGROUNDING OF UTILITIES (Hill Haven Area Assessment District, Preliminary Hearing) Council waived the oral Staff Report. Town Manager Kleinert noted the Town has received letters from Mrs. Hartsough, Mr. and Mrs. Meyers and Mr. Millan, all downhill residents of the proposed assessment district, and all objecting to the undergrounding based on construction and financing impacts. He noted he received a letter from Mr. and Mrs. Winter who support the proposed undergrounding plan. Mayor Rockey noted the Council will not be taking any formal action on this matter this evening, but will perhaps give a preliminary indication of what direction the homeowners should take. Mayor Rockey opened the public Hearing. Mrs. Cornell, 1896 Mt. View, expressed her opposition to the proposed project noting the downhill residents will not benefit from the under grounding and, therefore, should not have to pay towards the project costs. Mrs. Ring 1860 Mt. View questioned how the undergrounding will be accomplished. She noted the road right-of-way is in the landscaped front yards of most of the downhill residents. She noted she is not opposed to paying for some of the improvements but is concerned with the possible disturbance of her landscaping. Mr. Millan, 1830 Mt. View, questioned what Condition No. 5 of the petition means. He expressed concern over the financial impact this assessment district would create upon himself. He stated the only way for the downhill residents to benefit from any undergrounding would be to include Lagoon View Drive in the underground district. Mr. Michael Friedman, 1875 Mt. View, spoke in favor of the underground district. He stated in 1975 the cost estimate for this work was $110,000 and now it is $145,000 noting the cost has not risen with the rate of inflation. Mr. Alec Merriam, 1884 Mt. View, stated his opposition to the proposed proj ect. Mr. Dick Trezevant, 1865 Mt. View, read a letter from downhill resident Rolf Eiselin who strongly supports the project. Mr. Trezevant also expressed his support. Mr. Kirk Hanson, 1840 Mt. View, expressed his support for such a project and stated the ratio of payment between uphill and downhill residents of 3:1 is appropriate. He did express concern with the downhill residents landscaping which is placed on the street's right-of-way. Dick Conrad, PG&E, noted the undergrounding does not necessarily have to conform to the present position of the poles, in fact the trench could be placed in the middle of the street. TOWN COUNCIL MINUTES #595 AUGUST 4, 1982 PAGE THREE Mr. Dave Hanson, 1825 Mt. View, noted Mr. Peter Euteneur of 1810 Mt. View supports the project but is unable to attend this meeting. Mr. Hanson noted the undergrounding work does not have to be performed by PG&E as the prime contractor. The project could be put out for bid which could cut costs substantially. He also noted the trenching could be placed right next to the curb and avoid any landscaping. Engineer Bala noted that once the district is formed and the main line installed, each property owner has one year to connect to their home. This connection cost is the financial responsibility of each owner. He noted in the last undergrounding project the connection fee averaged $850, with a low of $400 and a high of $1600. Mr. Ed Ness, bond counsel, noted the cost of connecting from the street to the property may be included in the assessment district. He noted condition No. 5 is in the petition to satisfy legislation limiting the amount of assessment on a piece of property to no more than 1/2 of the assessed valuation of the land. He also noted the interest paid on the assessment is a tax write-off. Council then discussed the required $2,000 by PG&E for their engineer- ing study for the project. Mr. Friedman noted some of the homeowners have agreed to pay the $2,000 with the understanding that if the assessment district is formed they will be reimbursed. Mayor Rockey closed the public hearing. Council noted the Cornells really do not receive much benefit from being in this proposed district and suggested they be excluded or pay a lesser amount in assessment. Councilman Bergmann noted it would be impossible to make any decision on this matter without knowing what type of financial responsibility the homeowners would be required to assume. She noted before the matter could be pursued further this matter must be answered. Councilman Edelstein noted there appears to be enough people interested in this project to justify the expenditure of $2,000 to have the engineering study performed. Mayor Rockey noted he would like to provide as much encouragement as he can to the homeowners to pursue this project. He noted everybody benefits from an undergrounding project in one way or another. He stated he would find it difficult to vote to form an assessment district that had a substantial cost and a substantial amount of residents not willing to participate. Mr. Ness noted if there is a protest of 51% or more of the residents the district is automatically abandoned. He noted there could be 41% protesting and the Council could determine not to proceed with the district. He stated if the district is formed the only remedy for those not wishing to participate is taking the matter to the Supreme Court. Manager Kleinert summarized that the residents need to know where exactly the main line will be placed, the total cost of the entire undergrounding project including financing, bond counsel, construction and engineering; and what the pro-rata share will be based on a 15 year assessment. G. BUSINESS 11. CURBSIDE RECYCLING PROGRAM (Consider Approval of Local Subsidy) Manager Kleinert reported this matter comes before the Council in the form of a request from the Marin Recycling and Resource Recovery Association (MRRRA) to subsidize their curbside recycling program with a 549 per month surcharge. He stated the MRRRA received a State grant in March 1981 for thepickup of curbside recyclables. Since the inception of the program the operation has encountered a cost over run of approximately $20,000 per month. He noted this deficit is primarily due to the lack of participation and because the price of the recyclables has decreased significantly. Kleinert noted the majority of cities and agencies contacted have approved the 549 increase. TOWN COUNCIL MINUTES #595 AUGUST 4, 1982 PAGE FOUR Manager Kleinert recommended the Council support the surcharge and suggested the following conditions be considered: 1) that MRRRA examine why a reduced level of service could not be pursued; 2) that the surcharge be implemented on a one year trial basis; 3) a portion of the revenues be earmarked for a more intensive marketing and education program to stimulate participation and; 4) that low/moderate income housing complexes be exempted from the increase. Mr. Joe Garbarino, President MRRRA, noted one condition of the State grant is that the service must be provided on a weekly basis. He noted bi-weekly pickups would not be feasible for his company because of manning problems, equipment shortages, etc. Mr. Garbarino stated that if it wasn't for the fact the economy is in a recession he would probably be breaking even. He then reviewed the price decreases for the various recyclables. Mayor Rockey questioned if this increase will apply to each individual living unit, i.e. apartments and condos. Mr. Garbarino stated it would. Mayor Rockey questioned what the possible passage of the Bottle Bill would do to the recycling program. Mr. Garbarino stated in his opinion it would literally destroy the program. Mayor Rockey expressed his concern that if this increase is adopted the Town will have raised the average collection rate $1.64/month or 31%. MOTION: adopt the 549 per month increase on a one year trail basis and that low/moderate income housing complexes be exempted from the increase Moved: Edelstein, Seconded by Bergmann Vote: AYES: Edelstein, Bergmann, Smith NOES: Rockey ABSENT: Spratling 13. ANGEL ISLAND (Proposed Detachment from Town of Tiburon by State Parks and Recreation Department) Council waived the oral Staff Report. Councilman Edelstein stated he agrees with the Staff Report's analysis and questioned what happens to the portion of Angel Island that is in San Francisco's jurisdiction. He recommended the Council support Staff's recommendation that LAFCO reject the detachment proposal and investigate either special legislation that would allow the State Division of Forestry to provide fire services, or the annexation of Angel Island to the Tiburon Fire Protection District. Don Schwartz, daycamp director, expressed his concern over the lack of adequate fire protection currently provided to the Island. Manager Kleinert noted that if there is a major fire on the Island which requires borate bombers to be broughtin the Town would have to pay for this expense. He noted the State is constantly writing special legislation and he sees no reason why something could not be written which would allow the State Forestry Division to provide fire protection services to Angel Island even though the property is in the Town's jurisdiction. Councilman Smith recommended that LAFCO be requested to support the Town's position and sponsor some special legislation as described by the Town Manager. Mayor Rockey recommended the matter be referred to the Community Services Committee with the thought in mind of opposing the Angel Island detachment and approaching Assemblyman Filante and request him to sponsor a bill based on the fact that Tiburon provides the parking lot for Angel Island, some fire protection and police services. MOTION: that the Town oppose the Angel Island detachment and direct the Community Services Committee to contact the Town's State representative and request that he sponsor special legislation Moved: Smith, Seconded by Edelstein TOWN COUNCIL MINUTES #595 AUGUST 4, 1982 PAGE FIVE Mr. Peter Banning, LAFCO Analyst, noted LAFCO has not come to any conclusions regarding the detachment proposal. He did state it is difficult to identify how Tiburon's interests in Angel Island would be affected by the detachment, as outlined in the Staff Report. Council Edelstein noted that five years ago there was a proposal to make a missel installation on Angel Island and because of resident objections the plan was abandoned. He stated he could see no reason why the fire protection system could not be expanded to include the Tiburon Fire District. He noted Tiburon's involvement with Angel Island is not merely being an across the water neighbor, but Tiburon is the Island's land base, road access, parking lot, police protection, etc. Manager Kleinert noted he has contacted the Tiburon Fire District and they are willing to provide fire protection services to the Island on a contract basis. Vote: AYES: ABSENT: Unanimous Spratling 13. HOBB'S SHORELINE FILL REQUEST (Proposed Erosion Repair and Improvement to Private Property) Director Hanna presented a map indicating the proposed shoreline fill. Councilman Smith questioned the reason for the fill. The applicant's representative, Morgan Nobel, stated the owners would like to clean up the shoreline area, provide erosion control and use the additional area to plant fruit trees. Council noted the erosion could be controled by rip-rap or other means, and not require any fill. Mr. Noble reported the fill depth will be 5-6' and will extend approximately 20' out from the present shoreline. Mr. Noble reviewed the time constraints associated with the project. He noted B.C.D.C staff is recommending approval to their board based on the plans presented this evening Council discussed the removal of the old boathouse and possibly including this requirement to the Town's approval of the fill request. Mr. Hobbs noted there is a boat in the boathouse and he expressed his concern over the legality of destroying the boathouse with someone's personal property inside. Manager Kleinert expressed his concern with the time factor involved in this project noting the project will require a grading permit which must go before the Board of Adjustments for approval. He recommended that if the Council takes any action it should be subject to B.A.R. review and approval. After a lenghty discussion Council recommended the fill area be pulled back 5' from the existing piling and the top be hydro-seeded and treated similar to SASM's shoreline protection work. Moved: Vote: approve the fill request subject to B.A.R. review and approval, that the fill be pulled back 5' as recommended by the Town Engineer, that the boathouse be removed, and final treatment of the shoreline be similar to SASM's treatment with dirt at the top of the embankment Edelstein, Seconded by Bergmann AYES: Unanimous ABSENT: Spratling MOTION: 14. LA CRESTA FINAL MAP Council waived the oral Staff Report MOTION: Moved: Vote: adopt the resolution approv~ng the LaCresta Final Map (2037) Edelstein, Seconded by Bergmann AYES: Unanimous ABSENT: Spratling TOWN COUNCIL MINUTES #595 AUGUST 4, 1982 PAGE SIX 15. LA CRESTA ASSESSMENT DISTRICT (Accept Engineer's Report and Set Public Hearing Date, Resolutions) Mr. Ness, Bond Counsel, noted the matter of the retaining walls does not need to be decided this evening. He stated the walls will be bid as a separate item and Council can determine at the September 15th public hearing whether to include them in the assessment district or not. Moved: Vote: adopt the resolution accepting the engineer's report and setting a public hearing for September 15, 1982 (No. 2038), adopt the resolution calling for construction bids (No. 2039), and adopt the resolution authorizing execution of the agreement with Wulff, Hansen & Co. Bond Underwriters (No. 2040) Edelstein, Seconded by Bergmann AYES: Unanimous ABSENT: Spratling MOTION: Moved: Vote: subject to approval by the Town Attorney the retaining walls will be included in the assessment district Bergmann, Seconded by Smith AYES: Unanimous ABSENT: Spratling MOTION: All remaining agenda items were continued the next regular Council meeting of August 18, 1982. I. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mayor Rockey adjourned the meeting at 11:37 PM, Wednesday, August 4, 1982, sine die. D~~d:~YDR Town of Tiburon ATT$~ R. L. KLEINERT, TOWN MANAGER/CLERK TOWN COUNCIL MINUTES #595 AUGUST 4, 1982 PAGE SEVEN MINUTES TOWN COUNCIL CALL TO ORDER Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 PM, Wednesday, July 21, 1982, in the Library of the Del Mar School, Tiburon, CA. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein (7:50 PM), Bergmann, Spratling Mayor Rockey EX-OFFICIO: Town Manager Kleinert, Deputy Town Attorney Ragghianti, Director of Community Development Hanna, Chief of Police Bailey, Supt. of Public Works Brunini, Town Engineer Bala, Minute Clerk Stultz ABSENT: COUNCILMEMBER: Smith B. APPROVAL OF MINUTES #591, June 14, 1982 MOTION: Moved: Vote: approve minutes #591 as submitted Spratling, Seconded by Bergmann AYES: Unanimous ABSENT: Smith Minutes #592 and 593 were continued to the next regular meeting. C. COMMISSION AND COMMITTEE ORAL REPORTS a. MOSQUITO ABATEMENT DISTRICT (S. Hopkins) Tiburon's representative to the Marin/Sonoma Mosquito Abatement District, Stewart Hopkins, presented Council with a report on the District. He noted the District presently has a $500,000 surplus and recommended the fees charged should be reduced in an effort to reduce the surplus. He recommended that over the next several years the Town give consideration to withdrawing from the Mosquito Abatement District and creating its own district. Mr. Charles Dill, Manager of the Mosquito Abatement District, responsed to Mr. Hopkins statement noting that forming an independent district would be quite complicated and does not make sense. He stated that if every jurisdiction had its own abatement program there would be no uniformity. He noted the cost per capita for Tiburon is $1.53 for mosquito abatement services. He indicated the proposed programs for this year will substantially deplete the District's reserves. Mr. Robin Sweeney, chairman of the District, supported Mr. Dill's comments. Council thanked Mr. Hopkins for his active participation on the Mosquito Abatement Board. b. FERRY COMMITTEE STATUS REPORT Mayor Rockey reported the Ferry Committee has received a letter from Harbor Carriers indicating their intentions in regard to a marketing plan. The Ferry Committee finds the letter satisfactory. Mayor Rockey noted that Councilman Smith and Deputy Town Attorney Ragghianti will attend tomorrow's PUC hearing on Harbor Carriers rate increase and will enter into the record comments and written material. TOWN COUNCIL MINUTES #594 JULY 21, 1982 PAGE ONE c. FINANCIAL ADVISORY COMMITTEE ON LONG RANGE FINANCIAL PLANNING Councilman Spratling reported the Committee had its first meeting on Monday, July 19, 1982. At this meeting the committee selected a meeting schedule of the second and fourth Mondays of the month through the fourth Monday of October. These meetings will basically be information gathering meetings and after October the Committee will split into sub-committees to study specific aspects of a long range financial plan for the Town of Tiburon. D. PUBLIC QUESTIONS AND COMMENTS Manager Kleinert reported on the Sederquist litigation which first started in 1972. He noted last week the Marin Superior Court ruled that Sederquist, Garffio and Schuchart have failed to state a cause of action in any of the alleged claims and dismissed the Town from the complaints. Deputy Town Attorney Ragghianti stated that in his opinion this case is the single most striking example of the misuse of the judicial system. Council commended both the Town Attorney Robert Conn and Deputy Town Attorney Gary Ragghianti for their time and effort put into this case. E. CONSENT CALENDAR MOTION: approve the consent calendar consisting of: Moved: Vote: 1. POLICE REPORT (June 1982) 2. CAL-TRANS COOPERATION AGREEMENT FOR TRAFFIC SIGNALS AT GREENWOOD BEACH ROAD & TIBURON BOULEVARD INTERSECTION (Authorize Mayor to Execute Agreement) Spratling, Seconded by Bergmann AYES: Unanimous ABSENT: Smith F. PUBLIC HEARINGS 3. AMENDMENT TO UNIFORM BUILDING CODE (Clarify Secondary Exit Requirements, Ordinance 1st Reading) Council waived the oral staff report. Councilman Edelstein stated the draft ordinance should state the findings by the Town for the amendments to the Uniform Building Code. He presented Council with his proposed findings to be inserted at the beginning of the ordinance. Mr. Dick Tarrant, Counsel for Southern Pacific, recommended that Section 1 be entitled FINDINGS and recommended the following changes to the first section: EXCEPTION 1, second line change "unit within" to "unit or units within", 4th line delete "of a dwelling unit", and add to subsection a. "excluding the 400 sq. ft. limitation". Mr. Tarrant recommended the following be added to the beginning of the findings "Pursuant to the-provisions under Health and Safety Code Sections 17958.5 and 17958.7, the Town Council of the Town of Tiburon finds as follows:". Mayor Rockey opened the Public Hearing. Fire Chief Frank Buscher noted he has not had an opportunity to review the revised ordinance, but stated he is concerned with what is trying to be accomplished by amending the UBC. He stated his position is not to make exiting requirements less restrictive. He also expressed concern that the Town's code will be in conflict with the Fire District's code. Mr. Tarrant stated the purpose is not to reduce exiting requirements, but rather to build in flexibility to look at alternative means of exiting which are not described in the UBC. He noted the Building Code limits the use of a spiral staircase as a primary exitto an area less than 400. sq. ft. He noted Southern Pacific is proposing to use spiral staircases as secondary exits, not primary, to serve areas larger than 400 sq.ft. He noted after approval of the amendment by the Town Council it must be submitted to the TOWN COUNCIL MINUTES #594 JULY 21, 1982 PAGE TWO state Fire Marshall for approval to become effective. Mayor Rockey closed the Public Hearing. Council recommended they adopt first reading of the ordinance and that Staff continue working with the Fire District to achieve agreement regarding the amendment. MOTION: Moved: Vote: read by title only Spratling, Seconded by Bergmann AYES: Unanimous ABSENT: Smith Mayor Rockey read "AN ORDINANCE OF THE TOWN OF TIBURON AMENDING TITLE IV, CHAPTER 13, BY ADDING SECTION 12-23 RELATING TO EXITS" MOTION: Moved: Vote: adopt first reading of the aforementioned ordinance Edelstein, Seconded by Spratling AYES: Edelstein, Bergmann, Spratling, Rockey ABSENT: Smith 4. MASTER & PRECISE PLAN AMENDMENT (Modify Building Envelope, P. Kahn, Ordinance 1st reading) Director Hanna reviewed the application to modify the building envelopes of lots 2 and 3 of the Paul Kahn subdivision. The Planning Commission recommends approval. MOTION: Moved: Vote: read by title only Spratling, Seconded by Bergmann AYES: Unanimous ABSENT: Smith Mayor Rockey read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE AMENDMENT TO THE MASTER PLAN FOR THE SUBDIVISION LOCATED AT 4883 and 4885 PARADISE DRIVE". MOTION: Moved: Vote: Adopt first reading of the aforementioned ordinance Spratling, Seconded by Bergmann AYES: Edelstein, Bergmann, Spratling, Rockey ABSENT: Smith G. BUSINESS 5. ENCROACHMENT INTO TOWN EASEMENT (141 Sugarloaf Drive) Manager Kleinert reviewed the history of the Town's easement and subsequent encroachment into the easement by the property owner of 141 Sugar loaf Drive. The easement is 10' wide and owned by the Marin Water District. Manager Kleinert reported the easement was not recorded until recently and due to staff oversight the home at 141 Sugarloaf was approved and built in such a manner that it blocks out a major portion of the view from the overlook. Kleinert reported staff worked on trying to get an exchange from the property owner for a portion of his property on the downhill side, but it was determined there is not enough room on his property for an overlook. Mr. Kuhns, counsel for the property owners, stated the actual area being encroached upon is 642 sq. ft. He reported in June 1971 the contractor got design review approval for the construction of the home in question; in Septbmer 1972 the Water District granted the easement to the Town and in February 1973 the Town accepted the easement. He noted the Town d1d not record the easement or build a fence around it as required by MMWD. The present property owner purchased the home in 1978 and built a fence around the property without the benefit of design review. Subsequently the owner applied for design review approval after the fact, then installed the patio and landscaping which is encroaching into the Town's easement. He noted the first time the owner was advised of the possible encroachment was in October 1981. Mr. Kuhns stated the most appropriate way to resolve the matter is for the property owner to make a monitary contribution to the Park Fund and recommended the amount of $750 for such a contribution. JULY 21, 1982 TOWN COUNCIL MINUTES #594 PAGE THREE Councilman Bergmann stated the property owner was aware of the easement prior to October 1981. She noted at the B.A.R. meeting the owner was required to intall a gate on the fence to allow public use of the easement and overlook. Deputy Town Attorney Ragghianti stated he does not feel the Town has the legal right to sell the easement. Councilman Spratling stated the Town could relinquish the right to sue the property owner for encroachment into the easement. Councilman Edelstein recommended the property owner be required to remove the encroachment. Mr. Kuhns argued that if the Town had built the fence around the easement as required by MMWD then the property owner would not have encroached into the easement. Council noted that a title search of the owner's property would have revealed no more if the easement was recorded that what it actually did reveal. Manager Kleinert noted the owner was advised of the easement by himself and Councilmembers Edelstein and Bergsund when the landscaping had just been started. Councilman Spratling recommended this matter be continued to allow him to visit the site. He noted that if the overlook has any value whatsoever then the encroachment should be eliminated and the area restored to its original condition. Council continued this matter to the regular meeting of August 18, 1982. 6. HARBOR LIGHT (Status Report on Amplified Music at 20 Main Street) Director Hanna reported that in June 1981 the Town Manager issued a permit for live entertainment to the Harbor Light which contained four (4) conditions. The permit expired on December 31, 1981, and the owners have not applied for an extension. Chief Bailey reported for the last 30 days the Police Department has not received any complaints regarding the music. He noted the Police Officers are constantly going down to the establishment and closing the door and later return to find it open again. He noted the propriters attitude is that they are not going to abide by the conditions of the entertainment permit. Council noted that the amplifiers are now being placed right by the doorway. Moved: Vote: that Town Staff advise the Harbor Light that they are in violation of Town Code and that they are directed to obtain an entertainment permit immediately; the permit shall contain the same four conditions in the the Town Manager's letter of June 17, 1981 and that conditions nl~ber 1 and 3 be highlighted or circled in red; that the Planning Director report back to the Council on compliance by Harbor Light so the Town can take any further action if required; and that the Depart- ment of Alcohol and Beverage Control be advised by letter of the Town Manager of this matter Spratling, Seconded by Edelstein AYES: Unanimous ABSENT: Smith MOTION: 7. DOWNTOWN FERRY PARKING LOT IMPROVEMENTS (Town Engineer's Recommendations and Cost Estimate for Town Parking Lot) Town Engineer Bala displayed his preliminary drawings for a commuter parking lot on the property located next to Home Savings. The plan calls for 90 degree parking in four rows containing 61 regular size spaces, 25 compact spaces and three handicapped spaces. In addition to the above spaces, on a portion of Cal/Trans' right-of-way 9 regular spaces and 4 compact spaces will be installed for a total of 102 stalls. He noted that when the Tiburon Boulevard improvements are installed the 13 spaces on CAL/TRANs' property will be lost. TOWN COUNCIL MINUTES #594 JULY 21, 1982 PAGE FOUR Council questioned the status of the dedication of the surrounding property by the Zelinsky Estate. They noted perhaps the parking lot could have a different configuration using a portion of the dedicated property, but taking into consideration the placement of a soccer field on the dedicated property. Engineer Bala noted his esimtate for the construction of the parking lot to be approximately $65,000. Council expressed concern with the double entrance driveways. Council requested the lot be bermed on all four sides and lanscaped to make the parking lot invisible to someone driving down Tiburon Boulevard. Council recommended using the services of Tony Guzzardo for a landscaping plan. Mr. stewart Hopkins stated that if this parking lot is not self supporting it should not be constructed. Council noted this property on which the parking lot will be constructed is being leased to the Town for a ten year period and requested that a condition be that the Town is not establishing - a use f-or this property by installing a parking lot and in the event the lease is not renewed there is no guarantee the use can be continued. Council directed the Town Engineer to redesign the parking lot based on comments this evening and forward the plan to the Planning Commission for the public hearing process. H. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS 8. PROPOSED VIDEO GAME & MOORING ORDINANCES (Town Manager Status Report) Councilman Spratling indicated of- the video game ordinances obtained by Town Staff he prefers San Rafael's ordinance. He recommended Staff prepare a draft ordinance using San Rafa~s ordinance as a guideline and recommended the following changes: 1. Change "Coin Operated Amusement Devices" to Commercial amusement devices. 2. Having Commercial amusement devices allowable by obtaining a six month, renewable, conditional use permit. 3. Restrict the devices within a certain number of feet from a school. 4. Should be a night time limit of 10:00 PM for the operation of the devices. 5. Do not require additional parking or bicycle racks for placement of a device in an establihsment. 6. Limit the number of devices allowable in anyone establishment to five (5). 7. Section 14.64.010 a. of San Rafael's ordinance should be placed in Tiburon's ordinance verbatum. 8. Require the placement of the games in such a location that the noise generated is not audible outside the premises. 9. Restrict placement of the games within a certain number of feet from the entrance of an establishment. Mr. David Wagner and Mike Hopton also spoke on the matter. Council directed the Town Attorney to prepare a video game ordinance based on the above comments. 9. BELVEDERE'S 85 BIRTHDAY (Congratulatory Resolution) Moved: Vote: adopt the resolution congratulating Belvedere upon the occasion of their 85th Birthday Spratling, Seconded by Bergmann AYES: Unanimous, Absent: Smith MOTION: TOWN COUNCIL MINUTES #594 JULY 21, 1982 PAGE FIVE Manager Kleinert reported the Hobbs, 1 San Rafael Avenue, have requested an easement under the Town's bicycle path to allow them to connect their sewer line to the SASM pipeline. After discussion Council recommended they apply for an encroachment permit to place a sewer sleeve under the bicycle path. I. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mayor Rockey adjourned the meeting at 10:55 PM, Wednesday July 21, 1982, sine die. bI-"j ~~ DENNIS ROCKEY, YOR Town of Tiburon ATTEST: - AZ~LERK TOWN COUNCIL MINUTES #594 JULY 21, 1982 PAGE SIX MINUTES TOWN COUNCIL CALL TO ORDER Mayor Pro-Tempore Spratling called the regular meeting of the Town Council of the Town of Tiburon to order at 7:37 PM, Wednesday, July 7, 1982, in the Del Mar School Library, Tiburon, CA. A. ROLL CALL PRESENT: COUNCILMEMBER: Edelstein, Bergmann, Smith, Spratling EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Chief of Police Bailey, Supt. of Public Works Brunini, Town Engineer Bala, Minutes Clerk Stultz ABSENT: COUNCILMEMBER: Rockey B. COMMISSION AND COMMITTEE ORAL REPORTS a. Ad-Hoc Ferry Committee Report (Councilman Smith) Councilman Smith reported that there is one issue that will preserve the Ferry service in Tiburon and that is getting more people to commute by ferryboat. He noted if the Town, interested parties and Harbor Carriers would focus time, energy and money on this one matter all remaining issues will take care of themselves. He recommended that the Town offer new parking facilities reserved for commuters next to Horne Savings and establish a marketing advisory group of professionals who are regular users of the ferryboat to assist Harbor Carriers in an outreach program over the next 12 months. Smith reported the following individuals have agreed to volunteer to serve on such an advisory committee: Merv Field, Joel Lewis, Jim Rice, Dave Yoder and himself acting as chairman. Councilman Smith recommended that in light of the above and Harbor Carriers enthusiasm in such an undertaking, the Town of Tiburon withdraw its protest from the State PUC. Smith reported that Harbor Carriers has indicated it is willing to establish a budget to underwrite the outreach program, back away from its intention to reduce service (except possibly the 7:10 PM boat during the winter), and organize and operate the the program that evolves. Council recommended that before the Town withdraws its protest application that a written committment from Harbor Carriers be obtained which will provide a realistic and adequate budget for the outreach program. Moved: Vote: that the Town withdraw its protest application from the PUC contingent upon written confirmation of an appropriate budget for the outreach program Edelstein, Seconded by Spratling AYES: Edelstein, Bergmann, Smith, Spratling ABSENT: Rockey MOTION: C. PUBLIC QUESTIONS AND COMMENTS Mr. Robert Tonjes, owner of 2150 Paradise Drive which is the subject of Consent Calendar Item No.5, questioned the reasoning for the Town Council to consider whether his home contains an illegal second unit. Council noted all questions and comments will be taken at the August 4, 1982, public hearing regarding the matter. D. CONSENT CALENDAR Vice ~1ayor Spratling recommended that Council approve Item #3 subject to the Town Attorney's approval of the format of the proposed resolution. Council moved Item No. 11 to the consent calendar. TOWN COUNCIL MINUTES #593 JULY 7, 1982 PAGE ONE Regarding Item No. 7 Town Manager Kleinert recommended that the Heritage Commission be directed to determine what should be placed in the Town's time capsule envelope. Council concurred. Vice Mayor Spratling than~former Councilmember Joan Bergsund for sponsoring the Town's envelope. MOTION: approve the consent calendar, as amended, consising of: 1. NOTICE OF COMPLETION (Reed Ranch Road Sewer Extension Resolution NO. 2025) 2. URBAN THOROUGHFARE PROGRAM (Approve County-Town Agreement) 3. RICHARDSON BAY SANITARY DISTRICT (Approval of Intent to Form Greenwood Beach Road Assessment District Resolution No. 2026) 4. HILLCREST ANNEXATION (Approve Annexation - 2 Properties Trestle Glen/Hillcrest Avenue area, Resolution No. 2027) 5. SETTING OF PUBLIC HEARING (Alleged Second Unit, 2150 Paradise Drive, August 4, 1982) 6. CLAIM FOR DAMAGES - a. P. Ryan, Recommend Denial b. C. Hunt, Recommend Denial 7. BELVEDERE/TIBURON LANDMARKS SOCIETY'S 100 ANNIVERSARY (Proposal for Town to Participate in Time Capsule) 11. PARK & RECREATION COMMISSION (Comments & Recommendations) Moved: Vote: Smith, Seconded by Edelstein AYES: Unanimous ABSENT: Rockey E. PUBLIC HEARING 8. AMENDMENT TO UNIFORM BUILDING CODE (Clarify Secondary Exit Requirements, Ordinance 1st Reading) Director Hanna noted that since this is an amendment to the State Uniform Building Code it must be reviewed and approved by the State Department of Housing and Community Development. He recommended that Council adopt first reading of the ordinance, have Staff forward the proposed amendment to the State for comments ,and then adopt second reading at the next regular meeting, assuming the State will not have any problems with the amendment. Director Hanna noted this amendment is being sought to clarify secondary exit requirements. Councilman Edelstein stated he feels the ordinance relinquishes the flexibility in the present code. He also expressed his concern with some of the wording in the ordinance and recommended the matter be continued to allow him to meet with the Planning Director and Building Official. He also requested the Town Attorney's opinion as to whether the State must review this amendment. MOTION: Moved: Vote: continue this matter to the next regular meeting Smith, Seconded by Bergmann AYES: Unanimous ABSENT: Rockey F. BUSINESS 9. MILL VALLEY REFUSE COMPANY (Request for Rate Increase by Refuse Company and Council's Consideration of Proposed Franchise Fee Increase) Council waived the oral staff report. Vice Mayor Spratling referred to Mayor Rockey's letter which states his opposition to an increase in the Town's franchise fee arguing that the franchise fee should relate to collection services provided and to service provided by the Town for any such fee. Vice Mayor Spratling stated in his opinion the purpose of franchise fees areto generate revenue and to cover indirect costs of the operation of a service. He noted in this case an indirect cost could be the effect of the heavy trucks on the Town~s roadways. Councilman Smith expressed his concern with raising the rates and the franchise fee and then shortly dealing with a possible 54~ sur- TOWN COUNCIL MINUTES #593 JULY 7, 1982 PAGE TWO charge for the recycling program. He stated the Town needs to develop a rationa1efor raising the franchise fee, which it presently does not have, and recommended deferring the matter of increasing the franchise fee to next year. Mr. Bill Gwatkin requested that the Council adopt the rate increase but exempt low/moderate income housing complexs, i.e. the Hilarita and Bradley House. Mr. Leo Jarvis, accountant for Mill Valley Refuse, stated the Company would be willing to reopen the franchise agreement anytime in the future to renegotiate the franchise fee, either upwards or downwards. MOTION: to increase the Mill Valley Refuse Company franchise fee from 5% to 10%, increase garbage rates as requested by MV Refuse but exempt the rate increase for low/moderate income multiple housing complexes Edelstein, Seconded by Bergmann AYES: Edelstein, Bergmann, Spratling NOES: Smith ABSENT: Rockey 10. ENCROACHMENT INTO TOWN EASEMENT (141 Sugarloaf Drive) Moved: Vote: Director Hanna reported that the survey previously requested by Council has now been completed. The survey does indicate that the Town's easement is being encroached upon. The property owners attorney has indicated they may be interested in purchasing the Town's easement, which would require the Town to obtain the under- lying fee title from the Marin Municipal Water District. Director Hanna noted that the present property owner was notified of the easement location before he did any landscaping and constructed his gate. Councilman Edelstein stated that if there is no trade off to replace the Town's overlook, then there is no other option except to require the owner to remove his landscaping and gate. Manager Kleinert was directed to contact the property owners attorney and advise him of the Council's present position regarding this matter. The matter was continued to the next regular meeting to allow the property owner to provide any other alternatives. Councilman Edelstein stated if it is determined that the owner must remove the encroachment, and it is not removed within a given time period then Town Staff should remove the encroachment and place a lien on the property for the cost of removal. 12. 1982-83 ANNUAL SALARY PROGRAM (Approval of Employee Salary Adjustments, Effective July 1, 1982, Resolution) Manager Kleinert reviewed the proposed 1982-83 salary program which cal~for an average increase of 8.8%, including salary and fringe benefits. The annual cost to the Town for this increase will be approximately $47,000 and the increases are retroactive to July 1, 1982. Kleinert noted Management employee salaries and fringe benefits are not included and will be reviewed at the end of the year and any increases will be budgeted from the contingency account. Moved: Vote: to adopt the resolution approving the 1982-83 Master Salary Program, No. 2028 Smith, Seconded by Bergmann AYES: Unanimous ABSENT: Rockey MOTION: 13. 1982-83 TIBURON TOWN BUDGET (Final Review and Adoption, Resolution) Manager Kleinert reviewed the changes in the budget resulting from the three (3) prior public hearings. The estimated general fund operating revenues have been increased from $1,238,000 to $1,284,000. This increase is reflected by an increase of $15,300 in Motor Vehicle In- Lieu fees and an increase in the Major Crimes Task Force salary reimbursement revenues of $30,000. TOWN COUNCIL MINUTES #593 JULY 7, 1982 PAGE THREE Manager Kleinert then reviewed the general fund operating expenditures by department. The Town Manager/Clerk department is increased from $231,738 to $242,029; Building and Planning from $202,022 to $211,185; Police from $689,457 to $749,982 and the Public Works Depart- ment from $236,962 to $267,303. Changes in the Capital Improvement program reflect an increase from $199,000 to $263,400. Manager Kleinert then recommended the Council approve by Resolution the proposed 1982-83 Town Budget which totals, including Open Space Acquisition and Debt Servicing, $2,102,900. Manager Kleinert reported the Town Engineer has received two proposals for the geotechnical investigation of the Roundhill slide area. The proposal were for $8,800 and $6,500 by R.C. Harlan & Associates and Harding Lawson respectively, and he recommended approval of the Harding Lawson proposal. Moved: Vote: accept the bid of $6,500 by Hardi~Lawson for soil investigations of the Roundhill Road slide Spratling, Seconded by Smith AYES: Unanimous ABSENT: Rockey MOTION: Manager Kleinert noted this year's budget does have a significant deficit which is distorted by several, major, one-time capital equipment acquisitions such as a word processor, Public Works scraper/loader and chassis, and total police communications equip- ment replacement. Manager Kleinert reported the 1982-83 budget deficit is approximately $150,000 which does not include the costs of the one time capital equipment purchases. Councilman Smith questioned the Town Manager if he were asked to reduce the $150,000 deficit from the budget, could this be achieved without cutting staff positions? Town Manager Kleinert statedit could not. Chief of Police Bailey expressed concern that there is a possibility the Tiburon officer assigned to the MCMCTF will return to the department and this would result in the department being one officer over the authorized manpower. He inquired as to the Town's policy and that he did not want to layoff an officer of lowest seniority. He requested the additional position be allocated as an investigator/ officer because even if the MCMCTF continues, the Town will not receive the investigative services it has in the past from the Task Force. Manager Kleinert noted the Finan~ial Advisory Committee will have to look at the desired service levels for all departments. Manager Kleinert indicated everyone was aware that when officer Wiley was assigned to the Task Force he would eventually corne back and that the officer last hired would either be laid off or the matter resolved through attrition. Chief Bailey requested that if an officer does have to.belaid off that he would like to keep the officer until he has found another position. Councilman Edelstein requested that all Town fee schedules be reviewed as soon as possible, and that the Town Attorney be contacted for his opinion if the business licenses fees are a tax which cannot be raised without a 2/3 voters approval. Moved: Vote: adopt the resolution approving the 1982-83 Tiburon Town Budget as amended by the Town Manager, No. 2029 Smith, Seconded by Bergmann AYES: Unanimous ABSENT: Rockey MOTION: G. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS 14. STRAWBERRY SERVICE COST CAPABILITY & ANNEXATION FEASIBILITY STUDY (LAFCO Preliminary Draft) Councilman Spratling requested that in the analysis of the study the following should be responded to: impact upon representation or upon government of the annexed areas; how quickly after the annexation is there an election; how is representation decided in the iterim period and the issue of the annexed area having a majority of seats on the Council. 15. PUBLIC TELEPHONE INSTALLATION AT BLACKIE'S PASTURE (Status Report) TOWN COUNCIL MINUTES #593 JULY 7, 1982 PAGE FOUR Supt. of Public Works Brunini reported that a temporary public telephone will be installed on the Belveron side of Tiburon Boulevard and after the Tiburon Bouelvard widening project is completed the permanent phone will be installed at the bus pad on the other side of the road. 16. MOORING/ANCHORAGE AND VIDEOGAME ORDINANCES Council requested Town Staff to obtain copies of other jurisdictions ordinances and forward them to the Council so they may extract portions they would like to see in Tiburon's own ordinances. Councilman Bergmann requested the matter of amplified music from the Harbor Lights be agendized for a status report. Police Chief Bailey invited the Council to attend the Police Department's lOth Anniversary open house party on Saturday the 10th from 10:30 to 2:00. The police building will be dedicated in honor of the late Sergeant John Kim. H. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Vice-Mayor Spratling adjourned the meeting at 10:05 PM, Wendesday, July 7, 1982, sine die. ATTEST: R. ~~AGER/CLERK TOWN COUNCIL MINUTES #593 JULY 7, 1982 PAGE FIVE MINUTES TOWN COUNCIL CALL TO ORDER Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 7:30 PM, Wednesday, June 16, 1982, in the Library of the Del Mar School, Tiburon, CA. CLOSED SESSION Mayor Rockey adjourned the meeting to a closed session for the purpose of discussing current and pending litigation. REGULAR MEETING Mayor Rockey reconvened the meeting at 8:10 PM for the regular business session. A. COLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith Mayor Rockey EX-OFFICIO: Town Manager Kleinert, Finance Director Nadritch, Town Attorney Conn, Town Engineer Bala, Supt. of Public Works Brunini, Chief of Police Bailey, Director of Community Development Hanna, Minutes Clerk Stultz B. APPROVAL OF MINUTES #587, May 11, 1982 Council requested the clarification of Mr. Snyder's comment be included in the minutes MOTION: Moved: Vote: adopt minutes #587 as amended Spratling, Seconded by Bergmann AYES: Unanimous #589, June 2, 1982 Page 2, 2nd to last paragraph, change second sentence to read "He indicated his concern that one resident of Porto Marino has graded and gravelled a portion of the ..." Page 3, 1st paragraph, last sentence, change to read "Council requested Staff to determine if any violation of the zoning ordinance has occured in regard to grading of an area on Porto Marino Drive and parking of an RV, and to investigate if there are any ordinance violations in the conduct of a business in the trailer". Page 3, Item 6, last paragraph add "Council requested the location of other pay phones throughout Tiburon be placed on a future Council agenda". MOTION: Moved: Vote: approve minutes #589 as amended Smith, Seconded by Spratling AYES: Unanimous #590, June 7, 1982 Page 1, last paragraph amend to read "consolidation of Services report prepared..." MOTION: Moved: Vote: approve minutes #590 as amended Spratling, Seconded by Bergmann AYES: Unanimous C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES There were none. TOWN COUNCIL MINUTES #592 JUNE 16, 1982 PAGE ONE Mayor Rockey recommended the matter of reducing the number of commission members be agendized for Council's consideration. Councilman Smith recommended the matter be discussed by the affected Boards and Commissions before being discussed by Council. Council concurred with Smith's comment. D. COMMISSIONS AND COMMITTEE ORAL REPORTS Belvedere/Tiburon Joint Recreation Committee member Lee Pollak gave an oral status report on the Child Care Center which has been operating in a deficit position. She noted Petey Stein has been working with the Center's Board of Directors in an effort to find possible alternatives to keep the center open. If no alternatives can be found the Center is scheduled to close on July 31, 1982. Council directed the Public Services Committee to meet with Lee Pollak and the Recreation Director in regard to this matter. E. PUBLIC QUESTIONS AND COMMENTS There were none. F. CONSENT CALENDAR In regard to Consent Calendar Item No.5, the Town Manager recommended the tax deeded parcels be funded through the Town's contingency account rather than the Open Space Fund. Council moved items 15 and 16 to the consent calendar. Council continued Item no. 9 to the next regular meeting. MOTION: adopt the consent calendar, as amended, consisting of: 1. FINANCE REPORT (May 1982) 2. Police Report (May 1982) 3. TRAFFIC SAFETY COMMITTEE REPORT (June 1982) 4. ENCROACHMENT PERMIT (paseo Mirasol, Pac-Tel Under- grounding) 5. TAX DEEDED LAND SALE (Portion of Old NWP Right-of-Way) 9. AMENDMENT TO UNIFORM BUILDING CODE (Clarify Secondary Exiting Requirements, Continued to 7/7/82) 15. PROCESSING OF PARKING CITATIONS (Review & Approval of Joint Powers Agreement) 16. MASTER CATV FRANCHISE AGREEMENT (Review & Approval of Request for Proposal to Evaluate CATV Franchise in Marin County) Moved: Vote: Spratling, Seconded by Bergmann AYES: Unanimous G. PUBLIC HEARINGS 1. TIBURON FERRY SERVICE (Receive Public and Tiburon Ferry Committee Comment & Recommendations Regarding Proposed Fare Increase & Reduced Scheduling) Mr. Russell Wischow, Chairman, Tiburon Ferry Committee, reported the Ferry Committee has met several times over the past year both individually and with Harbor Carriers. With regard to the recent fare increase application, the Ferry Committee makes the following recommendations to the Town Council: 1) the Town should hold firm on the protest filed with the State PUC; 2) an interim fare increase be supported by the Town which would take effect immediately and continue until the PUC hearing; 3) the proposed reduction in scheduling should only be supported by the Town if Harbor Carriers can prove it is necessary to continue the ferry service; 4) the Ferry Committee be allowed to observe Harbor Carrier's salary negotiations with its unions; 5) Harbor Carriers be required to fulfill its obligations under the previous Memorandum of Understanding approved by the PUC; and, 6) that the Town of Tiburon proceed with installation of the new ferry commuter parking area. Mr. Dave Pence of Harbor Carriers read a prepared statement which stated that in February 1982 Harbor Carriers filed an application before the PUC for a rate increase. The Tiburon Ferry service is estimated to lose approximately $400,000 by the end of this calendar year, and from 1979 - 1981 the Tiburon Ferry service "TT'n'T"r.'I 1 C , no..., T) 71 """C' 'T'T.7r'\ has lost $1.1 million. As the Tiburon Ferry service is run by a private operator it is not eligible for Federal or State subsidies and, therefore, depends wholly upon revenue to service its costs. Mr. Pence indicated the PUC hearing has been scheduled for July 22 and 23. He stated that if there was a reduction in scheduling combined with wage concessions by its unions the Tiburon Ferry service would still lose money. Mr. Pence indicated that the marketing survey prepared for Harbor Carriers after the last rate increase indicated there is a finite group who use the ferry service and little chance to increase patronage. Mr. Pence then discussed the Ferry Committees' recommendation that they observe salary negotiations with Crowley's unions. He noted one possibility that could arise from the negotiations would be the reopening of the manning requirements portion of the unions'contract. He noted the contract calls for somewhat higher manning requirements than what the Coast Guard requires. Councilman Smith questioned the survey results which concluded that there is little chance to increase ferry ridership. Councilman Edelstein indicated that the combination of increasing fares, decrease of ridership and the lack of marketing will cause the death of the ferry service in Tiburon. Council then discussed the previously approved MOU between Harbor Carriers and the Town and in particular the marketing campaign to be undertaken by Harbor Carriers. Mr. Hegarty indicated he does not read the MOU as requiring Harbor Carriers to undertake any type of formal marketing plan. Mayor Rockey then read Condition 3 of the MOU which read "Harbor Carriers will establish an improved means of communication with present ferryboat patrons and will establish prograrnsand publicity in an effort to attract increased ferry passenger patronage. Harbor Carriers will make availalbe ridership figures for every month (including a comparison of the monthly volumes for the prior two years) at least quarterly". Mr. Doug Jocelyn stated he is supportive of the fare increase but takes strong objection to the marketing aspect based upon Mr. Hegarty's comment. Mr. Wischow reported on a recent survey done by the Ferry Committee which indicated, with few exceptions, passengers are willing to pay the fare increase but do not want a cut in service. He indicated he feels there is a large group of potential ferry users that would be attracted to the ferries through a strong marketing effort. He indicated the current fare increase proposal would still have Harbor Carriers operating in the red, and, unless there is an increase in ridership or a decrease in scheduling Harbor Carriers would have no other alternative but to ask for another rate increase in the near future. Being no further comments Mayor Rockey closed the public hearing. Council recommended that at the PUC protest hearing the Town should strongly challenge the lack of publicity and marketing by Harbor Carriers as provided for in the MOU. Councilman Edelstein recommended a committee of the Council pursue an agreement in writing between Harbor Carriers and the Town as to what type of specific marketing plan Harbor Carriers would undertake if the Town's protest was withdrawn from the PUC. MOTION: a Committee of the Council consisting of Mayor Rockey and Councilman Smith meet with Harbor Carriers and see if any such agreement could be reached that would satisfy the Town in regard to a marketing plan and if such an agreement in writing could be obtained then the Town withdraw its protest from the State PUC Edelstein, Seconded by Spratling AYES: Unanimous Moved: Vote: Mayor Rockey noted the Town also has a role to play in the ferry commuter matter. He recommended immediate consideration be given to providing ferry commuter parking spaces on the Zelinsky property to be dedicated to the Town near Horne Savings. TOWN COUNCIL MINUTES #592 JUNE 16, 1982 P AGE THREE 7. AMENDMENT TO SUBDIVISION ORDINANCE (Provide for Expiration of Tentative Map after 24 Months, Ordinance 2nd Reading) MOTION: Moved: Vote: to read by title only Spratling, Seconded by Smith AYES: Unanimous Mayor Rockey read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING SECTION 14.29.1, 14.65 and 14.75(d) OF ORDINANCE NO.9 NS, THE TIBURON ZONING ORDINANCE, PROVIDING LONGER TIME EXTENSIONS ON TENTATIVE AND PARCEL MAPS". MOTION: Moved: Vote: adopt second reading of the aforementioned ordinance Smith, Seconded by Bergmann AYES: Edelstein, Bergmann, Spratling, Smith, Rockey NOES: None 8. ORDER TO SHOW CAUSE (Zoning Violation, Churchill's, 18 Main Street) Council waived the oral Staff Report. Mayor Rockey opened the public hearing. Ms. Anna Stock stated the noise produced from the battery operated animals is a terrible nusiance and this type of business activity is not appropriate for downtown Tiburon. She noted the animals can be heard from as far away as the Bradly House on Mar West Street. Councilman Edelstein noted he has received approximately 8 letters in the past two weeks objecting to this business activity at Churchill's. Mr. Robert Treiber, owner of the subject establishment, stated he has not received one complaint about the animals located outside. He stated he leases the porperty up to the sidewalk and that he will keep the animals behind the sidewalk by leashing them. In order to cooperate he indicated he is willing to reduce the noise factor, but not bring the display inside the building. He stated he will move the display further towards the buildings entrance. He indicated where he would be willing to relocated the display on the chalk board. Council questioned what Town policy is in terms of outside sales. Director Hanna responded that for outside sales a temporary use permit would have to be obtained, per the PD zoning regulations. Director Hanna noted that if the display was entirely inside the building and still produced loud noises, it could still be considered a nusiance and abated as such. Councilman Spratling expressed his strong opposition to the activity at Churchill's. Town Attorney Conn recommended that if the Town wishes to abate the nusiance that Staff be directed to proceed with the order to show cause and set a public hearing date, but recommended it would be easier to amend the zoning ordinance to not allow any outdoor sales. MOTION: Under Section 24 of the Town Code, Town Staff is directed to issue an order to show cause to the owner of Churchill's and in addition that Staff prepare an amendment to the PD Zoning ordinance prohibiting any outdoor sales. Edelstein, Seconded by Spratling AYES: Unanimous Moved: Vote: Council questioned Mr. Trieber if he understands the Council's position regarding this matter. He stated he would be willing to meet with the Council to pursue a compromise agreeable to the Town and himself. Council indicated they do not want any outdoor displays of any kind on Main Street unless approved by a Use Permit. Mayor Rockey responded to Mr. Trieber's earlier comment that no one has contacUrl him opposing his outdoor display, noting that he personally spoke to Mr. Trieber concerning the nusiance at Churchill's. TOWN COUNCIL MINUTES #592 JUNE 16, 1982 PAGE FOUR Later in the meeting Mr. Trieber's son advised the Council that his father has changed his mind and will locate the display within the building. Council recommended that Mr. Triber still meet with the Council regarding this matter. H. BUSINESS 10. ROCK HILL DRIVE/TIBURON BLVD. RETAINING WALL (Award of Contract) Deputy Town Engineer Strandgaard reported that 10 bids were received for this project. Since the project is of a sensitive nature he required specific qualifications of the three (3) low bidders, i.e. previous experience in this type of municipal work, whether they will perform more than 50% of the work and if the contactor is aware they must pay union wages. He noted the low bidder listed a subcontractor for the form work who is licensed a "B" rating which does not allow performance of concrete work of this nature. Strangaard recommended the Council reject the low bid and accept the second low bid. Strandgaard then reviewed the retaining wall patterns and colors which the Council needs to choose tonight and award the contract. He recommended Council approve pattern "A" in the reddish-brown color for a total bid price of $75,098.50. MOTION: accept the bid of the second low bidder, for pattern "B" in the reddish-brown color, subject to the Town Attorney's approval and receipt of $55,000 from Southern Pacific Spratling, Seconded by Smith AYES: Unanimous Moved: Vote: 11. REQUEST FOR RATE INCREASE (Mill Valley Refuse Co.) Council waived the oral Staff report. Council discussed the possibility of raising the Town's franchise fee paid by Mill Valley Refuse Company, which is presently 5% of its gross fees collected in Tiburon. MV Refuse Companys accountant Mr. Leo Jarvis stated the Company is willing to increase its franchise fee but this increase will be passed on to the consumer. Council recommended this matter be continued to the next regular meeting to consider the rate increase and possibility of raising the Town's fr,ll1chise fee. Council considered Staff's recommendation that an independent accountant audit the books of Mill Valley Refuse Company. After a brief discussion Council recommended that an independent audit not be performed. 12. SOUTHERN PACIFIC TENTATIVE MAP (Determination of Substantial Conformance) Director Hanna noted that Southern Pacific Land Co. has submitted its tentative and final maps for its downtown project. These maps are modified from the tentative map originally approved. The modification is in the marsh area housing where 40 units were approved, 20 of which are low/moderate income units. The applic~nt is proposing to reduce the square footage of this housing and reducing the number of units from 40 to 30 but 20 will still remain low/moderate income units. The square footage has been shifted to the lagoon and bayside residential units. He noted Council is to determine if these modifications are significant enough ~~at the plans should be returned to the Board of Adj~stments. Councilman Edelstein noted than many covered parking spaces have been shifted to uncovered and recommended that in lieu of this the applicant provide more berming to reduce the visibility of the uncovered parking. Mr. Friedman indicated that was satsifactory. Moved: Vote: that the Southern Pacific Tentative and Final Maps go forward without being returned to the Board of Adjustments Edelstein, Seconded by Spratling AYES: Unanimous MOTION: TOWN COUNCIL MINUTES #591 JUNE 16, 1982 PAGE FIVE Mr. Friedman noted the final floor plans as modified reduces the amount of bedrooms throughout the project by 80. 13. PLANNING SERVICES FEE SCHEDULE (Approval of Certain Fee Modifications) Councilman Spratling noted that since the Planning Department is self sufficient that perhaps the fees should be increased and not lowered. He suggested that design review applications and new construction should have a different fee, possibly $500. Council continued this item to all Staff further time to review the Planning services fee schedules. Council also recommended Staff try to handle more items at the Staff level to reduce costs. 14. 1982-83 ANNUAL SALARY PROGRAM (Town Employee Salary Adjustments) Town Manager Kleinert reviewed the proposed salary schedules for public works and miscellaneous employees. He noted the Police Association is still negotiating and Management salaries will be reviewed in winter for a January 1, 1983 effective date. Council recommended that the entire Town salary program be adopted at one time, excluding Management employees. MOTION: continue the 1982-83 salary program to the July 7th regular meeting with the understanding that if the Police Association has not settled by then, then the Council may act upon the remaining employee salary schedules Edelstein, Seconded by smith AYES: Unanimous Moved: Vote: 1. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS Director Hanna noted the Highlands developers have indicated they intend to redesign the project. J . ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Rockey adjourned the meeting at 11:30 PM, Wednesday June 16, 1982, sine die. ck,..,sK4 DENNIS ROCKEY, MAYOR Town of Tiburon ATTEST: $~ R: L. KLEINERT, TOWN MANAGER/CLERK MINUTES ADJOURNED MEETING CALL TO ORDER Mayor Rockey called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:40 PM, Monday, June 14, 1982, in the Library of the Del Mar School, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith, Rockey EX-OFFICIO: Town Manager Kleinert, Finance Director Nadritch, Planning Director Hanna, Supt. of Public Works Brunini, Chief of Police Bailey, Town Engineer Bala BUSINESS 1982-83 Preliminary Town Budget - Review of Capital Improvement and Open Space Acquisition Programs Town Manager Kleinert briefly reviewed the Capital Improvement Program for 1982-83 noting the current deficit in the Gas Tax fund due to the advancing of engineering costs for downtown Tiburon Boulevard improvements and the delay of FAU funding. It was noted that the Gas Tax fund should be reimbursed after funding has been secured by Southern Pacific and the FAU. The Town Engineer then reviewed the proposed drainage improvements, South of the Knoll and McKegney Green improvements and Blackie's Pasture planning program. The Town Manager noted extensive curb and gutter repairs needed throughout the Belveron area of Tiburon, however, Staff was of the opinion these were generally the obligation of the property owners. Town Engineer Bala discussed the potential of Roundhill Road sliding still further in the future. Councilman Spratling then inquired as to the cost of providing minimal repairs to Roundhill Road so that it does not deteriorate any further. Engineer Bala estimated the preliminary cost to be approximately $30,000. Town Manager Kleinert suggested funds be reallocated from the Public Property Slide Investigation and Restoration budget line item to the Roundhill Road storm damage project to provide for a preliminary soils investigation of the slide area. Councilman Edelstein suggested Staff compile a list of benefits derived from the SASM pipeline activity. Councilman Smith inquired about the proposed deferred maintenance work noted on the Capital Improvement Program. Town Engineer Bala responded by explaining that each year priority projects are established by the Supt. of Public Works and the Town Engineer which are then subjected to intense scrutiny for further review and consideration in the face of limited funding. Councilman Rockey inquired as to the possibility of funding certain community development projects as proposed in the Capital Improvement Program via Open Space funds instead of revenue sharing and park development funds. Town Manager Kleinert indicated that he supports such a recommendation and wishes only to confirm the legality of such a move with Town Counsel. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Rockey adjourned the meeting at 9:05 PM, Monday, June 14, 1982, sine die. ~f~ DENNIS ROCKEY, YOR Town of Tiburon A~~ R. L. KLEINERT, TOWN MANAGER/CLERK TOWN COUNCIL MINUTES #591 JUNE 14, 1982 PAGE ONE OF ONE ADJOURNED MEETING MINUTES CALL TO ORDER Mayor Rockey called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:40 PM, Monday, June 14, 1982, in the Library of the Del Mar School, Tiburon, CA. ROLL CALL PRESENT: COUNCILMEMBER: Edelstein, Bergmann, Spratling, Smith, Rockey EX-OFFICIO: Town Manager Kleinert, Finance Director Nadritch, Director of Community Development Hanna, Supt. of Public Works Brunini, Chief of Police Bailey, Town Engineer Bala PUBLIC HEARINGS 1982-83 PRELIMINARY TOWN BUDGET (Capital Improvement Program) Town Manager Kleinert briefly reviewed the recommended 1982-83 Capital Improvement Program noting the deficit in the Gas Tax fund due to the advance of engineering costs for the proposed Tiburon Boulevard Improvements project in downtown Tiburon and the delay of FAU funding. He stated this project funding should eventually be forthcoming from the Southern Pacific Railroad and FAU. The Town Manager then reviewed the proposed drainage improvements, South of the Knoll and ~cKegney Green improvements and the Blackie's Pasture precise planning and development drawings. Discussion ensued in regard to extensive curb and gutter repairs needed throughout the Belveron area. The Town Manager noted that Staff did not feel this was the Town's obligation, but the Town should attempt to assist the property owners other than actually funding the repair costs. Perhaps in forming an assessment district. Town Engineer Bala discussed the potential of Round Hill Road sliding still further over the next 12 months. Councilman Spratling then inquired as to the cost of providing minimal repairs to Round Hill Road so that it does not deteriorate further. Engineer Bala estimated preliminary costs at this point to $30,000, which included initial soils investigation. The Town Manager suggested funds be allocated from the Public Property Slide Investigation and Restoration line item in the proposed Capital Improvment Program to have preliminary soils investigations performed on Round Hill Road, then determine the appropriate repairs. Councilman Edelstein suggested Staff compile a list of benefits derived from the SASM pipeline activities and publicize this information. Councilman Smith inquired about the deferred street maintenance projects noted in the Capital Improvement Program. The Town Engineer responded by explaining the creation of priority projects each year which is then reviewed by the Town Manager in regard to limited funding. Mayor Rockey inquired as to the possibility of funding of certain McKegney Green improvements, Blackie's Pasture Area Planning, Public Open Space and Trail Signs and Public Property Slide Investigation and Restoration projects of the Community Development portion of the Capital Improvement Program via Open Space funds instead of Revenue Sharing and Park Development funds. The Town Manager indicated he supports such policy and wishes only to confirm the legality of such a move with Town Counsel. The meeting was adjourned at 9:05 PM, to the regular Council meeting of Wednesday, June 16, 1982. Id ~ Drnn/~ /{tt1#bt ~~ r--- DENNIS RO~ MAYOR Z / J. \ ~ Town of Tlburon R. L. KLEINERT TOWN AGER/CLERK TOWN COUNCIL MINUTES #591 JUNE 14, 1982 PAGE ONE MINUTES ADJOURNED MEETING CALL TO ORDER Mayor Rockey called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:35 PM, Monday, June 7, 1982, in Room 8, Del Mar School, Tiburon, CA. ROLL CALL PRESENT: COUNCILMEMBERS: Spratling, Smith, Rockey EX-OFFICIO: Town Manager Kleinert, Finance Director Nadritch, Supt. of Public Works Brunini, Chief of Police Bailey, Director of Community Development Hanna ABSENT: COUNCILMEMBERS: Edelstein, Bergmann PUBLIC HEARING 1982-83 PRELIMINARY TOWN BUDGET (Review of Revenues & Departmental Budgets) Town Manager Kleinert provided a brief overview of revenue pro- jections noting that there were severe cutbacks in State subventions. The Council desired to review departmental budgets. DEPARTMENT 150 (Town Manager/Clerk) Mayor Rockey inquired about PERS funding being exempt from Proposition 13 constraints in view of a recent Court decision supporting such exemption. The Town Manager explained this exemption did apply to those cities in California which had previously, before June 1978, received voter approval. In Marin County, only San Anselmo and the County appeared to have such approval. He noted the Town's retire- ment costs could be submitted to the Tiburon voters at a future date, but subject to a two-thirds approval vote. Councilman Spratling inquired about the process Staff used to select a word processing system. The Finance Director replied that the Finance Department did an indepth six-month analysis and established a complex set of criteria based upon, among other items, service record of equipment, experience record in government, applications, price, customer support after sale, training after sale, etc. Councilman Spratling then inquired about expenditures in the conference/meeting line item. The Finance Director explained that he attempts to distribute these costs to the operating departments based upon those members who actually attend various conferences and meetings. DEPARTMENT 210 (Planning/Building) The Finance Director indicated that the contractual services line item for this department includes projected extraordinary activity for the Southern Pacific development. DEPARTMENT 310 (Police Department) The Town Manager reviewed the Police Department's budget recommendations. He discussed current level of services and indicated that any major changes should be based upon policy decisions by the Town Council. This could be a major item of consideration for the Citizens Financial Advisory Committee. Mayor Rockey suggested providing to each Councilman a copy of former Mayor Aramburu's Consolidation of Services/prepared after Proposition 13. report TOWN COUNCIL MINUTES #590 JUNE 7, 1982 PAGE ONE Chief of Police Bailey then reviewed his departmental budget requests noting that the department could provide a higher level of service with a full time police investigator and another police officer. The Chief then reviewed recent local crime statistics regarding his recommendations. Mayor Rockey questioned the merits of holding in "inventory" an additional new police car. DEPARTMENT 410 (streets/Park Maintenance) Mayor Rockey inquired of the Staff's intent for funding a loader/ scraper, noting that it had been deleted from the Town Manager's recommendations. The Town Manager stated that funds are set aside in the Town's restricted Capital Replacement Fund for this equipment and purchase is anticipated within the next 24 months. Supt. of Public Works Brunini indicated that while the loader/scraper is needed, the Department could satisfy that need from time to time by renting the equipment. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Rockey adjourned the meeting at 9:30 PM, to Monday June 14, 1982, for the purpose of reviewing the Town's proposed 1982-83 Capital Improvement Program. ~ ~ fi'~/~ DEN'IS ROCKEY, MA OR Town of Tiburon ATTEST: ~~AGER/CLERK TOWN COUNCIL MINUTES #590 JUNE 7, 1982 PAGE TWO MINUTES TOWN COUNCIL CALL TO ORDER Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 7:30 PM, Wednesday, June 2, 1982, in the Library of the Del Mar School, Tiburon, CA. CLOSED SESSION Mayor Rockey adjourned the regular meeting to a closed session for the purpose of discussing current and pending litigation. REGULAR MEETING Mayor Rockey reconvened the Council for their regular business session at 8:20 PM. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith Mayor Rockey EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Chief of Police Bailey, Supt. of Public Works Brunini, Finance Director Nadritch, Minutes Clerk Stultz B. APPROVAL OF MINUTES #587, May 11, 1982 Page 1, change underminded to undermind Page 2, Council requested the Minutes Clerk to review the tape regarding Mr. Snider's comment regarding the density of the Ring Mountain Project. Page 3, 1st line change "applicant's strongly oppose" to "applicant strongly opposes" 5th paragraph change hold up to up-hold Page 4, 1st line, delete "condition" 4th paragraph, 2nd to last line delete "then Tiburon only wants this done" and insert "it is acceptable to Tiburon". Council requested that minutes #587 be continued to the next regular meeting. #588, May 19, 1982 Page 3, last line change quesionted to questioned MOTION: Moved: Vote: approve minutes #588 of May 1982, as amended Edelstein, Seconded by Bergmann AYES: Unanimous C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES There were none at this time. D. COMMISSIONS AND COMMITTEE ORAL REPORTS Councilman Spratling reviewed the proceedings of June 1st joint Tiburon Town Council, Corte Madera Town Council and County Board of Supervisors meeting on the Ring Mountain Master Plan. The County Board of Supervisors unanimously approved a master plan for 68 units and strongly indicated 68 units was the maximum. He noted the applicant indicated they intend to process the Precise plan through the Town of Tiburon. Spratling noted there is a Statement of Expectation included in the Master Plan approval which states Tiburon should complete the precise plan process within six (6) months from the date the precise plan is deemed complete by the County Planning Staff. TOWN COUNCIL MINUTES #589 JUNE 2, 1982 PAGE ONE Council requested Staff to obtain a transcript of the meeting from the party that had the court reporter attending and the County's minutes. Council also requested Staff obtain a schedule from the developer as to their expected submittal dates. E. PUBLIC QUESTIONS AND COMMENTS Joan Bergsund advised the Council of the Ecumenical Housing Association's seminar on Housing for the 80's to be held this Saturday, June 5th at the College of Marin. F. CONSENT CALENDAR MOTION: adopt the Consent Calendar consisting of: 1. MARIN ARTS COUNCIL (Approval of Progress Report for Local Cultural Planning, Resolution No. 2024) 2. STREET NAME CHANGE FROM VISTA DE AVES TO STONY HILL ROAD (Recommend Approval) Moved: Vote: Spratling, Seconded by Smith AYES: Unanimous G. PUBLIC HEARINGS 3. AMENDMENT TO SUBDIVISION ORDINANCE (Provide for Expiration of Tentative Map after 24 Months, Ordinance 1st Reading) Director Hanna noted this matter comes before the Council to bring the Town's subdivision ordinance into conformance with State Law. Mayor Rockey opened the public hearing. Being no response Mayor Rockey closed the public hearing. MOTION: Moved: Vote: read by title only Edelstein, Seconded by Spratling AYES: Unanimous Mayor Rockey read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING SECTIONS 14.29.1, 14.65 and 14.75(d) OF ORDINANCE 9 N.S., THE TIBURON ZONING ORDINANCE, PROVIDING LONGER TIME EXTENSIONS ON TENTATIVE AND PARCEL MAPS" MOTION: Moved: Vote: adopt first reading of bhe aforementioned ordinance Smith, Seconded by Bergmann AYES: Edelstein, Bergmann, Spratling, Smith, Rockey NOES: None ABSENT: None 5. PORTO MARINO DRIVE (Consider Converting a Portion of Porto Marino Drive to a Private Driveway) Council waived the oral staff report regarding this matter. Councilman Edelstein stated he agrees with Staff's position that closing Porto Marino Drive will not keep people from driving into the dead-end section. He recommended better signing and striping of the roadway to achieve the residents desires. Manager Kleinert noted there is presently no sign at the intersection of Stewart Drive and Porto Marino indicating Porto Marino is "not a through street". He stated he is reluctant to have the Town give up the right-of-way. Manager Kleinert indicated the Town Engineer feels an encroachment permit could be issued to the concerned residents which would allow them to landscape the intersection to give it the appearance of a driveway. Mr. Brian Denton stated he felt the proper signage would serve the residents purpose. ~~~ted his concern that one resident of Porto Marino has/gra"e~Led a portion of the Porto Marino Drive extension and now parks a large recreational vehicle there. The same resident also runs a real estate business out of the home. Council determined that a "Not a Through Street" sign be placed at the intersection and that that portion of Porto Marino Drive rT1f"'1f.ThT r'f"'ITTl\Tr' T T MT1\TTT'T''R c: i r; R Cl .TTTNF. 2. 1982 PAGE TWO not be converted to a private driveway. Council also requested Staff to determine if ~~dviolation of th~ z~ning Qrdi~ance has occurred in regard to/~~ ~9~kfRgaOfatR~ F~cr~a~fort~e~Cif&d9~ tUilV~~i~~~~i~~~~iYi/i~i~~~i~~/and if there are any ordinance violations in conducting a business from the trailer. 6. PARKS & RECREATION COMMISSION (Report and Recommendations from Commission to Council) Recommendation No.1. The Parks and Recreation Commission recommends their commissions' name not be change to the Parks and Open Space Committee, but that a three-person sub-committee be formed to handle the open space duties. Council stated this recommendation is acceptable but that the P&R Commission should take a more active and agressive role in regard to the Town's Open Space. Recommendation No.2. The Parks and Recommendation Commission considered using the new Police motorcycle to patrol the multi-use path and recommended that no regular patrol be used on the path. Council concurred with this recommendation but indicated that the motorcycle be used to patrol McKegney Green when needed. Recommendation No.3. The Parks and Recreation Commission recommends that the immediate installation of a pay telephone in the Blackie's Pasture area be implemented. Council requested the location of other pay phones in Tiburon be placed on a future agenda Manager Kleinert indicated the telephone company is willing to install the pay-phone near the bus stop in Blackie's Pasture but would like to coordinate the installation with the Tiburon Blvd. widening project. Council recommended Staff contact Pacific Telephone and request that a temporary pay-phone be installed in the interim. Councilman Edelstein recommended the phone be placedin an unobtrusive location and that perhaps a subcommittee of the Board of Adjustments review the location and design of the telephone booth. 7. 141 SUGARLOAF DRIVE (Status Report regarding Public Easement Encroachment) Manager Kleinert reported this matter is just a status report and that the matter will corne before the council for resolution during the first meeting in July. He indicated the survey of the easement will be done this week. 4. PRELIMINARY 1982-83 TOWN BUDGET (Presentation and Overview) Town Manager Kleinert gave a brief overview of the proposed 1982-83 preliminary Town Budget. He noted the major emphsis of the 1982-83 budget is the significant budget deficit position the Town will be faced with. He stated the major cause of the deficit is due to the State's continued reduction in subvention monies and the recession. Manager Kleinert reviewed the proposed operating revenues, expenditures and capital improvement program. He then reviewed the various items the budget does and does not provide for. He recommended the Council's consideration of the following: 1. Appointment of a Citizens/Town Official financial advisory Committee. 2. Appointment of an Ad-Hoc Committee to explore the feasibility establishing a Tiburon Civic Center in downtown Tiburon. 3. Scheduling a joint peninsula meeting of elected officials.~to share ideas, concerns and potential cost saving program. 4. Closing Town Hall 1/2 day per week to allow Staff an uninterrupted work period. 5. Reducing the size of, the Town's P&R Commission, Board of Adjustments and Heritage and Fine Arts Commissions. 6. Prezoning of the remaining undeveloped properties in the unincorporated areas adjacent to Tiburon. 7. That if the Major Crimes Task Force is reactivated, that the Town support the program and reallocated the required funding in the Towns budget. Council continued this matter to the Adjourned Special meeting of Monday, June 7, 1982. ~OWN COUNCIL MINUTES #589 JUNE 2, 1982 PAGE THREE I. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS Town Manager Kleinert requested Council's agenda items for the Council/Staff workshop retreat. Council submitted the following agenda items: 1. Periodical publishing of status reports of developments in the ARK. 2. CAL/TRANS - Tiburon Boulevard. 3. Required adjournment time for Council meetings. 4. Change in Council persons terms so there is not an election of three new councilmembers at one time. 5. Ad-Hoc Committee for community center. 6. Updating various General plan Elements. 7. Use of Open Space funds for slide repair and maintenance. 8. Ferryboat service in the community - level of service v. alternate operators. 9. Departmental Public Relations. 10. Review of business license requirements and qualifications. 11. Open Space maintenance policy. 8. LETTER FROM SASM GENERAL MANAGER TO TOWN MANAGER, dt'd 5/19/82. Manager Kleinert noted SASM is requesting the closure of a portion of the multi-use path between plamer Court and Pine Terrace. This closure would be for 2-4 days. Manager Kleinert stated Staff supports the closure from a safety standpoint. After discussing the matter, Council indicated the path should not be closed as this request is directly in conflictwiththe Town's conditions of approval. Mayor Rockey requested a status report of the Parks and Recreation Committees' subcommittee on the monitoring the the pipeline construction along the multi-use path. Manager Kleinert reported SASM is requesting that the construction hours of the outfall be extended to 7:30 AM to 7:30 PM. Council indicated the extended working hours are acceptable. J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Rockey adjourned the meeting at 10:22 PM, Wednesday, June 2, 1982, to Saturday, June 5, 1982 for the purpose of a Council/Staff Workshop session to be held at the Marin Municipal Water District's Phoenix Lake facility. D~~O~MAYOR Town of Tiburon TOWN COUNCIL MINUTES #589 JUNE 2, 1982 PAGE FOUR MINUTES TOWN COUNCIL CORRECTED CALL TO ORDER Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 7:45 PM, Wednesday, May 19, 1982, in the Music Room of the Del Bar School, Tiburon, CA. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith, Mayor Rockey EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Town Attorney Conn, Town Engineer Bala, Chief of Police Bailey, Supt. of Public Works Brunini, Minute Clerk Stultz B. APPROVAL OF MINUTES #586, May 5, 1982 Page 2, indicate that later the maximum number of units was increased from 74 to 75 by the addition of 1 unit off Via Los Altos. last paragraph, change 2nd sentence to read "He indicated the subcommittee had given the homeowners association a positive response, yet most of their recommended conditions were not incorporated into the Town'srecorrunendations. last paragraph, change alterior to ulterior. Page 3, Page 4, MOTION: Moved: Vote: adopt minutes #586 of May 5, 1982, as amended Spratling, Seconded by Bergmann AYES: Edelstein, Bergmann, Spratling, Rockey ABSTAIN: Smith C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES There were none. D. COMMISS ION AND COMMITTEE ORAL REPORTS Councilman Bergmann reported she attended the New Councilmembers Seminar in San Diego. After listening to all cities and towns representing California she stated Tiburon is well served by the professional staff. She commended Town Staff for their excellent service to the Town of Tiburon. a. EAH Housing for the 80's Conference Councilman Rockey urged anyone who could attend this conference to do so, noting the EAR's programs are excellent. b. California Department of Mental Health Workshop Council directed this matter to the Parks and Recreation Commission for their recommendations. Mayor Rockey reported on a meeting with the Chairman of the P&R Commission and members of the County's 4-H group. He stated there is an active 4-H group in Tiburon and they are looking for a small parcel of land to raise animals, possibly on Town open space. Mayor Rockey reported the P&R Commission is presently reviewing this matter ~or recommendations. Mayor Rockey reported in the packet of materials received by the Council this evening is a resolution in memoriam of Fred Zelinsky who passed away on Sunday, May 16th. Mayor Rockey read the resolution and recommended it be adopted at the end of the meeting. TOWN COUNCIL MINUTES #588 MAY 19, 1982 PAGE ONE Mayor Rockey reported the County Board of Supervisors has appointed himself, Douglas Binderup, Sherry Levit and Carol Peltz as Al Aramburu's successor if he is ever unable to attend any Board function during a disaster or emergency. Mayor Rockey reported he has received a letter from a resident of Sausalito regarding the establishment of local Conservation Corp. Council directed Staff to prepare recommendations regarding this matter. E. PUBLIC QUESTIONS AND COMMENTS There were none. F. CONSENT CALENDAR Council requested Items #7 and #8 be removed from the Consent Calendar for further discussion. Council moved Item #13 to the Consent Calendar. MOTION: approve the Consent Calendar, as amended, consisting of: 1. CLAIMS FOR DAMAGES (Staff Recommends Denial) a. Margaret Spence b. Jeanne, Roland & Jean Hsu c. Olga Bonifasi de Saenz d. Katie Bruel e. Walter V. Machette f. Richardson Bay Land Co. g. Tiberio & Marcia Lizza h. Irving F. & Helene D. Harris i. M.H. Ruddock j. Irma E. Fritz k. Dorothy Madison 1. Eric & Molly Pedley m. R.J. & Paula Clare n. James & Elosie McCormick o. George & Helen Wheelwright p. Mike & Virginia McDonald q. Daivd & Betty Allen r. Janet Aitken s. Robert & Mendbta Szakal t. W.A. & Natalie Machette u. Robert & Lillian Kettenbach v. Herb & Eva Victor w. Herman & Shirley Victor x. Richard & Hannah Greenberg 2. FINANCE REPORT (April 1982) 3. POLICE REPORT (April 1982) 4. TRAFFIC SAFETY COMMITTEE REPORT (May 1982) 5. 1980 PARKLANDS GRANT APPLICATION (So. of Knoll Improvements Additional Funding, Resolution No. 2020) 6. RECOGNITION OF REED UNION SCHOOL DISTRICT E~~LOYEES (Resolution No. 2021) 13. PRELIMINARY 1982-83 TOWN BUDGET (Set Public Hearing Dates) Moved: Vote: Spratling, Seconded by Smith AYES: Edelstein, Bergmann, Spratling. Smith, Rockey NOES: None 7. ANIMAL CONTROL CONTRACT WITH COUNTY OF MARIN (Recommend Approval of Contract) Council expressed their concern over the rationale for reducing the Humane Society's Animal Control o,fficers by one position. The reasoning being that animal control activity is to decline due to a reduction in Marin's dog population. Council also stated they would not like to make a recommendation on this matter until there is an understanding as to the position of the County's budget 8. AB 2947 - OIL SEVERANCE MEASURE (Recommend Support) Councilman Smith expressed his concern over the Council's supporting a matter such as an oil severance tax. He stated the Council is being asked to support this on the stand that this is a way of raising money. TOWN COUNCIL MINUTES #588 MAY 19, 1982 PAGE TWO Council also stated that the intent of this measure is to raise revenues for school districts and local governments but it is unclear what formula there is for disbursement of the proposed revenues. Manager Kleinert stated he will advise the League of Women Voters that the Town is reluctant to take a position on this matter. G. PUBLIC HEARINGS 9. DRAFT E.I.R. (Highlands Development, Review and Comments) Director of Community Development Hanna stated the matter before the Council this evening is to review and comment on the Draft EIR for the Highlands project. Director Hanna noted the applicant had previously submitted an application and subsequently withdrew it. The applicant has now resubmitted the exact same development proposal. The original EIR still holds for the prior application. Director Hanna stated the Planning Commission has held a hearing on this matter and received numerous comments from the public. After receiving any additional comments from the public and Council, the Council should direct the EIR consultant to prepare the Final EIR. Director Hanna then introduced the EIR consultant, John Roberto. Councilman Spratling questioned if the Town has received any comment from the applicant disagreeing with the date the application was deemed complete, April 6, 1982. Director Hanna stated he has not. Director Hanna reviewed the development proposal for 107 units; 83 cluster units off Upper Cecilia Way, 20 units off Lower Cecilia Way and 4 single-family dwellings off Warrens Way. The Planning Commission discussed the possibility of the EIR consultatnt providnig two more additional photo-montages to further review the visual impacts of the project. The Commission was of the opinion that the additional drawings were not necessary. The Commission also felt it was important to evaluate the soils conditions of the area based on the storms and suggested that be commented on in the final EIR. Director Hanna noted the applicant had erected story poles and has taken photos from the photo-montage locatiorein addition to several other vantage points. Councilman Edelstein questioned if a compairson was made between the story pole photos and the photo-montages. Director Hanna stated the photo-montages have been evaluated which revealed some discrepencies that have since been revised. Mr. Roberto stated the photomontages were in error and the revised drawings will be in the final EIR. Mr. Roberto stated that in preparation of the draft EIR he met wilth interested neighborhood groups. He stated he received a concensus of the group as to where the three montages should be done from. Martha McCart, representing the project applicant, stated 33 story poles were erected on the site and pictures taken from numerous locations, and these photos will be available by the time of the final EIR. Mayor Rockey opened the public hearing. Dick Oliver, 39 Reed Ranch Road, stated he is concerned about the slides on the Reed Ranch Road side of the project and that he does not feel they were adequately addressed in the Draft EIR. lIe also stated there has been another slide since the January storms which should also be addressed. Mr. Branwell Fanning, 4 Burrell Court, stated there are four units proposed on a private driveway. He stated it is Town policy that no more than three units can be served by a private driveway. He stated one photomontage should be prepared from an elevation higher than the project site. He recommended one be done from either Silverado Drive, Southridge West, Hacienda Drive or Ring Mountain. He also stated one should be done from Blackie's Pasture. Mr. Fanning stated this project requires the relocation of 90,000 yards of earth and ~ if the story poles were erected to show the building questioned TOWN COUNCIL MINUTES #588 MAY 19, 1982 P AGE THREE heights from the finished grade. He requested that the noise impacts from the project excavation and the apartments be further addressed in the EIR. Mr. Fanning stated the 24 unit alternative in the EIR could be redone and with proper lot planning could be attractive. He stated in his opinion it appears the consultant it trying to make the proposed project "look good" in compairson to the project alternatives. Mr. Stan Pasternak, 32 Southridge Road, stated his concern over the amount of noise that will be generated from the tennis courts. He also stated there is nothing to prevent users of the tennis courts from parking on Southridge and walking to the tennis courts. He stated landscaping should be addressed in the EIR so residents are not looking directly into the project. Mr. Torn Riley, 43 Reed Ranch Road, stated he would like the visual impacts to residents on the downhill side of the project reviewed further in the EIR. Mr. Shasod, 279 Cecilia Way, stated he does not feel the noise and pollution impacts of the project are addressed satisfactorily in the draft EIR. He questioned why the tennis courts and swimming pool are located away from the project and near existing development. He stated he would like the matter of earth work for the pool and tennis courts addressed as far as its effect to the unstable areas on East Circle Drive. He stated the EIR calls for drainage of the project through the east ditch on Lower Cecilia Way, which in his opinion is already overloaded. He stated the density of zone 2 is not in character with the existing area and that the 10 low income units should be spread throughout the development and not concentrated in one area as proposed. Mr. Rupert Jernigan, 25 North Terrace, stated there is an area of land from East Terrace around to North Terrace which is creeping and should be addressed in the Final EIR. He also questioned if this property is considred a ridgeline or not, and if so, the Town's ridgeline policy should be applied to this development. Mr. Robert explained this property is not identified as a ridgeline in the Town's Open Space Element Map. Mr. Fanning stated this property was not identified as a ridgeline on Tiburon's Open Space map because the property is not within the Town limits. Mr. Roberto stated the Town's open space element covered its Sphere of Influence, therefore, this property was included in the report. Mr. Rolph Sheets, 6 Burrell Court, recommended the Council require the consultant to prepare additional photomontages as it was difficult to determine from the story poles what the visual impacts would be of the project. Councilman Edelstein requested the Town's open space map which indicates ridgelines be incorporated into the Final EIR. Mr. Roberto questioned if he could take a map of Tiburon and indicate which areas were designated as ridgelines. Councilman Edelstein stated"yes~ Several residents expressed their concern over the group of residents who determined where the original photomontages were to be taken from. Mrs. Hazel Caldwell stated she would like the loss of privacy to residences along Leland Way by the proposed 4 single family homes addressed in the Final EIR. She also stated further consideration of circulation patterns and housing orientation be addressed. Being no further comments Mayor Rockey closed the public hearing. Councilman Spratling stated he shares the concerns of the residents regarding the difficulwof visualizing the impacts of the project by story poles and that in his opinion at least 2 and possibly 3 additional photomontages should be provided. He stated Staff should select the locations from where the drawings should be taken with the input of the homeowners, and that at least one should be taken from a higher elevation. TOWN COUNCIL MINUTES #588 MAY 19, 1982 PAGE FOUR Councilman Spratling recommended the EIR consultant's contract be expanded to provide for these additional drawings. Councilman Edelstein stated his concern over the impression the first drawings give of the project. He stated there should be a little more realism without going to an extreme. Councilman Spratling recommended the applicant provide the consultant with an overlay of the landscaping plan and any other features that will mitigate the harshness of the development. Martha McCart stated that it is not normal to ask for a precise planting plan at this stage, but she could provide a general plan to help alleviate the harshenss of the drawings. Councilman Edelstein recommended the applicant provide the consultant with something in the order of schematic landscaping plan, but not to create an effect of something that will not be done. He also recommended the buildings be toned down. Councilman Bergmann questioned the capability of the drainage pump at the Cove Shopping Center to handle the additional runoff from this project. Mr. Roberto stated Flood District #4 had assumed 60 cubic feet/second for this project site. He stated this project will create up to 50 cfs and therefore should not exceed the pumps capacity. Councilman Edelstein stated there is one project alternative which is similar to what is being proposed but it is reduced in scale, either in terms of height or reducing the number of units. He stated he would like further commentary as to how such an alternative would less impact the area, i.e. what would the visual effect be if the project was reduced by one story, etc. Councilman Spratling stated he agrees with the Planning Commissions' recommendation that there should be another geographical survey done because of the January 4th storm. He also felt more inforamtionan the slope stability below Reed Ranch Road and whether or not development on the project will impact that stability. Town Engineer Bala stated that the geographic study and soils mechanic study in the EIR is not thorough and will have to receive a total evaluation of these con- ditions. Engineer Bala stated all slides on the property must be repaired including any proposed open space. Director Hanna referred to the May 14, 1982 letter from the Reedlands Association where on page 2, 4th item they request an appraisal of the impacts of residential values of existing homes near zone 1. Council stated this request has always been rejected as it is not a proper or appropriate condition. Moved: Vote: direct the EIR consultant to prepare the Final EIR responding to all the written information and comments received tonight Spratling, Seconded by Smith AYES: Unanimous MOTION: Council requested the consultant contact Town Staff if he feels it will take an excessive amount of time to prepare the final EIR. H. BUSINESS 11. RING MOUNTAIN MASTER PLAN & PRE ZONING (Status Report and Final Comments) Mayor Rockey reported a geographical workshop of the Ring Mountain property has been set up for Monday, May 24, 1982, at 7:30 PM-in the Del Mar School Music Room. He urged all interested residents to attend. Town Manager Kleinert reported Council adopted a resolution recommend- ing a Master Plan proposal to the Marin County Board of Supervisors. He noted there were certain aspects discussed at the adjourned meeting of May 11th that needed further clarification. These items were the Taylor Road improvements and the escrow account for future slide damage costs. Manager Kleinert reported Corte Madera's Planning Commission approved the tentative subdivision map of Parcel "A" on May 17, 1982. He noted the Council should determine if this action should be appealed by the Town of Tibu~on. TOWN COUNCIL MINUTES #588 MAY 19, 1982 PAGE FIVE TAYLOR ROAD Town Engineer Bala reviewed the requirement of the Cibrian developers to improve the intersection of Paradise Drive and Taylor Road. From the intersection up the hill to the entrance of Ring Mountain the Road is in very poor shape. Engineer Bala stated this portion will require additional subdrainage and a heavy overlay. He noted the Town is not talking about rebuilding the Road, but bringing it up to standards. Engineer Bala noted that if the Cibrian project does not go forward for whatever reasons, then the intersection improve- ments would be required by Ring Mountain. Bala stated some portions of Taylor Road may have to be overlaid with concrete. Council referred to the County Planning Commissions Condition #15 to the Ring Mountain Master Plan dealing with improvements to Taylor Road. Council recommended the condition be revised to allow Tiburon to appove the improvements needed to Taylor Road. Engineer Bala stated he will require road improvements and drainage improvements. Bala noted that in designing the improvements he will maintain the present character of Taylor Road as much as possible. Council discussed the possibility of Ring Mountain proceeding before Cibrian and how their respective improvements would be handled. Town Attorney Conn stated that matter should be worked out between the developers, such as Cibrian contributing its fair share of the improvement costs should Ring Mountain go first. Council discussed the watertank to be installed by the Cibrian developers and stated Ring Mountain should be required to provide the watertank and waterline easements free of charge. Council also stated Ring Mountain should be required to pay for any additional costs for a larger watertank. ESCROW ACCOUNT Manager Kleinert reported the escrow account condition recommended by Tiburon was not included in the County Planning Commissions' resolution. Engineer Bala stated the Town should take a similar approach as with Del Madera, which would require repair to possible or potential slides in the developable areas. In open space area the developer will have to enhance any possible or actual slides. Engineer Bala stated he feels proper engineering and corrective work is much more important than any agreements or assurances. Councilman Spratling concurred with Bala's statements, but still feels the developer should provide some sort of financial responsibility should any slide repair work fail. Councilman Spratling requested the Town Attorney to provide his opinion as to the ability of the Town to impose such a condition as an escrow account for future slide damage. Council questioned if the assessment district referred to in condition #33 could be expanded to include future slide damages. Council requested the Planning Director, Town Attorney and Town Engineer to review the County's conditions to the Ring Mountain Master Plan for any possible modifications. APPEAL Council discussed whether or not the Town of Tiburon should appeal the Town of Corte Madera's approval of the Parcel "A" Tentative Map. Councilman Smith stated his opposition to filing such an appeal. Moved: Vote: to file an appeal relative to the Town of Corte Madera's apprmalof the Parcel "A" tentative map Bergmann, Seconded by Spratling AYES: Spratling, Bergmann, Edelstein, Rockey NOES: Smith MOTION: TOWN COUNCIL MINUTES #588 MAY 19, 1982 PAGE SIX I. COMMUNICATIONS, STAFF & TOWN MANAGER REPORTS Town Manager Kleinert presented the Council with a resolution accepting a grant deed from Southern Pacific for a portion of their property needed to facilitate the downtown Tiburon Boulevard improvements. Manager Kleinert stated SP would like the Town to enter into an agreement which would provide that SP or a subsequent owner would receive density credit for this property. Also they would like the Town to agree that a future developer will not be required by the Town to dedicate any further land along Tiburon Boulevard. MOTION: adopt the resolution accepting the grant deed from Southern Pacific and authorize the Mayor to sign an agreement satisfactory to the Town Attorney regarding the above issues Spratling, Seconded by Bergmann AYES: Unanimous Moved: Vote: Manager Kleinert reported the Town Engineer has received approval for a matching grant from the Urban Thoroughfare Committee in the amount of $52,000 for the Lyford Drive signalization. Manager Kleinert presented Council with a resoluation requesting the grant monies from the UTF Committee. Moved: Vote: adopt the resolution requesting Urban Thoroughfare funds for the Lyford Drive signalization Edelstein, Seconded by Spratling AYES: Unanimous MOTION: J. ADJOURNMENT MOTION: Moved: Vote: adopt the resolution in memoriam of Fredrick G. Zelinsky Bergmann, Seconded by Spratling AYES: Edelstein, Bergmann, Spratling, Smith, Rockey NOES: None Being no further business of the Town Council of the Town of Tiburon Mayor Rockey Adjoured the meeting in memory of Fred Zelsinky at 12:05 AM, Thursday, May 20, 1982, sine die. ~L~ W\h5 I ~ DENNI 'jOCKEY, MAY: R Town of Tiburon ATTEST: ----- R. Ltl{~ER/CLE~ TOWN COUNCIL MINUTES #588 MAY 19, 1982 PAGE SEVEN TOWN COUNCIL MINUTES CORRECTED ADJOURNED MEETING CALL TO ORDER Mayor Rockey called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:42 PM, Tuesday, May 11, 1982, in the Library of the Del Mar School, Tiburon, CA. ROLL CALL PRESENT: COUNCILtfEMBER: Edelstein, Bergmann, Spratling, Rockey EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Minute Clerk Stultz ABSENT: COUNCILMEMBER: Smith RING MOUNTAIN ~1ASTER PLfu~ Mayor Rockey announced this evening the Council will formulate a recommendation regarding the Ring Mountain Master Plan proposal which will be forwarded to the May 17th joint Planning Commissions' meeting. Director of Community Development Hanna reported next t~nday, Hay 17th, the County, Corte Madera and Tiburon Planning Commissions will meet to make final recommendations to the County Board of Supervisors on the Ring Mountain Master Plan. Tonight the Town Council is to consider recommendations of the Town's Planning Commission and the Ring Mountain subcommittee as to which recommen- dation should be forwarded to the joint Planning Commissions' meeting and ultimately the Board of Supervisors for final action. Director Hanna reviewed the two development proposal considered by the Planning Commission, which were: 1) adhere to the pre zoning of the Town of Tiburon which would allow a maximum of 36 units; or 2) recommend a range of 54-74 units based upon modifications to the plan submitted by Ring Mountain Limited. Mayor Rockey opened the public hearing, taking public input by development areas. AREA I (Taylor Road) Director Hanna noted the applicant is proposing 8 units, the Town has recommended 10 units and the Strawberry Community Plan indicated 10 units for the Taylor Road area. Mr. William Bremer stated Taylor Road in its present condition could not support 8-10 units, and in his opinion could not support even one unit because of additional damage to Taylor Road by construction vehicles.. He stated during the January storms the road was under- mindMYand is in very poor condition. He requested that before any development be approved that the matters of water pressure, drainage and access be resolved. Mrs..Leistner, 130 Taylor Road, expressed her concern that the water pressure problem in the Taylor Road area could have been resolved if Ring Mountain Limited had allowed the Cibrian developers to locate their water tank on the Ring Mountain property. She also requested that the Town require the applicant to provide a proper roadway to receive any units off Taylor Road. Mr. Bill Davoren stated the area of Taylor Road in which the developer would like to place 8 units is the best park-like area of their property. He indicated these units are in Corte Madera's Sphere of Influence and he feels Corte Madera shown provide access to these units via Robin Drive. Mr. Davoren stated he approves of the concept of providing one water tank to serve the entire project. TOWN COUNCIL MINUTES #587 MAY 11, 1982 PAGE ONE AREA II (Via El Verano & Paseo Mirasol) Mr. Bill Wallace, President of the Tiburon Hills Property Owners Association, stated his concern is with the safety and number of units that can be served through his neighborhood: He feels the Town's pre zoning is deserving and stated he is not convinced the area designated for development can be stabilized Mrs. Pricilla Tripp stated her main concern is in regard to traffic on Blackfield Drive. AREA III (Reed Ranch Road) Mrs. Marcia Rubenstein, 330 Blackfield Drive, stated proposed development adjacent to her property is on type 3 soils and questioned how the applicant is going to stabilize the property and what the Town is prepared to do for the existing property owners should this land slide. Mr. Art White stated during the January storms an underground spring which drains under his home washed out a portion of his property. He stated his concern s to what additional construction uphill will do to this situation. Mrs. Roberta Jeffery, 321 Blackfield Drive, stated her concern is with the additional traffic this development will create on Black- field Drive and how it will be mitigated. 11 'd d' h' ,. that if has tea corne UP with a no Mr. Dary Snl er, state ln lS oplnlon/the~own/shOUT( approve ' a limit of 36 units as the minimum based upon the prezoning, and an upper limit of 54 units. noting 54 units is not what he wants or can live with, but 54 is more palatable than 74 units. Mr. stone Coxhead, 34 Reed Ranch Road, stated at the last hearing before the County it was noted the Madera Del Presidio area in Corte Madera consisting of 12 acres is more stable than the areas proposed for development on Reed Ranch Road and Paseo Mirasol. He stated the Strawberry Community Plan endorsed the Ring Mountain Advisory Committee recommendations which placed three units in the Madera Del Presidio area of Corte Madera. He stated in his opinion, a proper interpretation of the Strawberry Community Plan would lead one to conclude that there should be appropriate units designated for the Madera Del Presidio and Sonora Road areas. He recommended the Town make a strong point about this matter to the County. Mr. Dan Roberts, 314 Karen Way, stated he feels the Strawberry Community Plan did not indicate any units in the Madera Del Presidio area because it is in Corte Madera's view shed and Sphere of Influence and therefore was not in the Community Planning area. AREA IVc (Via Los Altos) Mrs. DeNezza questioned how the Town determined what constitutes an acceptable unit location. Director Hanna stated he took into consideration, in order of priority, 1) soils conditions, 2) visual impact, and 3) lot frontages and ability to place an appropriate unit within the Lot. He stated in some areas there are units proposed on 3's and 4's in regard to soils stability butthese instabilities are shallow and can be corrected and in some areas there are slides but the roadways servicing the area would improve the situation. The applicant's representative, Richard Coombs, stated as far as Area I, Taylor Road, he feels his proposal is very sensitive to the site. In regard to the watertank that Cibrian is required to install he expressed his concern that Cibrian is getting all the credit for providing the necessary water for this area. He indicated he has come up with a more appropriate location for the watertank than that proposed by the Cibrian developers. He stated he feels the net effect of the Ring Mountain development to the Taylor Road residents will be very positive and conditions will be better than present day conditions. In regard to Area II he stated Ring Mountain Limited has adequate soils investigation reportq and each individual lot will have a foundation report prepared. TOWN COUNCIL MINUTES #587 J'1AY 11, 1982 PAGE TWO applicant strongly opposes Mr. Coombs stated the reason the APP~~fi/~~~PPPPfi~ annexation of this property to the Town of Tiburon prior to precise plan approval is that they would like to keep the option open to process the precise plan with the County should the Town not grant a number of units to make the project feasible. He stated his main concern is with the wide range of units proposed by the Town. He stated if the Town indicates there is a reasonable density for the project, then Ring Mountain Limited would be willing to process the Precise Plan through the Town. Mr. Coombs stated as far as units off Sonora Way in Corte Madera the developer does not feel there is reasonable access to their property. Mr. Coombs stated he would like to have the Town Engineer's comments and conditions regarding improvements Ring Mountain would have to make to the various Town streets that would be used for access to this project Mr. Coombs then introduced Mr. O'Rourke a private geological consultant working with ESA. Mr. O'Rourke reviewed the soils stability problems associated with the Ring Mountain property. He also noted the water problem on Taylor Road is due to a shear zone and that he feels it could easily be rectified. He noted much of the damage throughout Marin County from the Janary 4th storm was to development in long canyons. He noted one problem with the Ring Mountain property is that it has a serpentine cap and when it rains the cap cracks and water seeps through and the soil underneath slides. He stated this condition is correctable by the installation of subdrainage systems. Council questioned Mr. O'Rourke as to how the slide areas on Ring Mountain will be improved to alleviate future sliding. Mr. O'Rourke stated the slide areas should be culverted and buttressed. He also stated restricting cuts on the slopes will help alleviate future sliding. Mr. Ted Kreines, 58 Paseo Mirasol, stated that out of the 11 conditions submitted by his property owners association 10 of them were not responded to in the development alternatives or conditions. Mr. Kreines then read the 11 conditions that were submitted to the Town by his POA. Mr. Kreines stated the Town should hold up its policies starting with its pre zoning of the Ring Mountain property of 1 unit per 10 acres. Mr. Coombs stated the Town pre zoned the Ring Mountain property at 1:10 to bring it into conformance with the County's zoning as required by State law. He indicated the County zoned this property before the Strawberry Community Plan was adopted. He stated the County is now rezoning the property to bring it into conformance with the Strawberry Community Plan for consistancy. Mr. Kirk Hanson stated that the problem with this development is that the Town does not control its own destiny. The fact being that the project is located within the unincorporated portion of Tiburon the County could approve a project not acceptable to Tiburon. He stated if the Town selected 36 units as the maximum density for this project then the applicant will process through the County. He stated the County is not going to accept 36 units. He urged residents to respect the Council's decision and to continue working with the Council and Staff on this matter. Being no further comments, Mayor Rockey closed the public hearing. Director Hanna handed out the revised development alternatives and conditions for approval. Councilman Spratling stated the concept of the two alternatives are the same as in previous documents, but this revised document has been gramatically corrected and worded more effectively. He stated conditions 4 - 98 are drawn from the E.I.R. and conditions 99 - 102 are additional condi tions which will be inserted elsewhere in the document. Councilman Spratling read verbatum Development Alternative No.1. He noted that the first senten::e should be amended to read liThe Ring Mountain property should be developed consistent with the County's zoning and Tiburon's pre zoning density of 1 unit per 10 acres". TOWN COUNCIL MINUTES #587 MAY 11, 1982 PAGE THREE Councilman Spratling requested that a ~~~~ttt~~ No. 7 be added to Development Alternative No. 1 to read "Accordingly, the Strawberry Community Plan should be amended to bring it into conformance with the County's zoning (RMP-O.l) as required by the State Subdivision Map Act prior to approval of a Tentative Mapll. Councilman Spratling indicated that the County is rezoning this property to bring it into conformance with the Strawberry Community Plan, but that consistancy can as easily be gained by revising the Strawberry Community Plan to bring it into conformance with the County's zoning and Tiburon's prezoning of the Ring Mountain property. Councilman Spratling then read Development Alternative No. 2 which provides a range which is to be determined this evening. Councilman Spratling then reviewed the Conditions to Development. He noted the first three (3) conditions should be headed GENERAL CONDITIONS. He noted condition 1 should be changed to l.a. because there is an alternative l.b. which he read as follows: l.b. "sin:::e it is clear from LAFCO policy that LAFCO will require annexation of the proposed development to the Town of Tiburon; that the E.I.R. recommends that the proposed development be annexed to the Town of Tiburon; and that the County Wide Plan's Urban Service area policy would require the proposed development to be annexed to the Town of Tiburon; then Tiburon's General and Specific Plans, including all policies and principles relating to development, shall control_the proposed Development. The Precise Development Plan considered by the County shall be subject to Tiburon's Approval. (New Paragraph) If the County finds that neither condition l.a. nor l.b. is acceptable then Tiburon withdraws from consideration the entire Development Alternative No.2." Councilman Spratling stated the reason condition l.b. has been added as an alternative to condition l.a. is because of some concern on Tiburon's part that it might be legally impossible for the County to condition approval of the Ring Mountain Master Plan upon the applicant initiating annexation proceedings to the Town of Tiburon. He noted the Town is asking the County to adopt either Condition l.a. or l.b. but not both. He indicated this is one of the most important conditions to the entire; ~ipJJ MouP,..,~M1 Ma;>t~iJ'tz:aDnr! noting if the County approves a range ~'Jf'/f'H/d,fr',ui"~~1i~Wn:}1~.s/~r6~~ only if Tiburon has control of the development as it will be a part of Tiburon. Councilman Spratling stated condition No. 2 is one the applicant has indicated as being totally unacceptable, which relates to the escrow account. Councilman Spratling stated this condition or some other alternative is absolutely necessary. Councilman Spratling stated conditions 99 -102 come from suggestions of the developer or suggestions of the Homeowners Associations and were neglected in previous documents. Councilman Spratling noted condition .No. 23 regarding a maintenance agreement should be amended to add IIstorage basins and all drainage systems shall be covered in the maintenance agreement and shall be provided through a maintenance assessment district. II Rich Coombs stated that most of the conditions are taken from the EIR but questioned if the modification of "maybe" to "shall bell in all of the conditions is intentional. Councilman Spratling stated the changes are intentional to take out the permissiviness of the conditions. Mrs. Roberta Jeffery questioned if this maintenance assessment district would include just the new development or the entire neighborhood that benefitted from the improvements. Councilman Spratling stated the boundaries of the assessment district would be determined at the Precise Plan stage, but in his opinion would probably include those residences benfitting from the improvements. Mayor Rockey requested that condition No. 100 be amended to read "Project Sponsor provide a bond and an appropriate TOWN COUNCIL MINUTES #587 MAY 11, 1982 PAGE FOUR sum to be determined by the Town Engineer at the Precise Plan stage to insure the maintenance and improvement after the construction period of Via El Verano, Paseo Mirasol, Blackfield Drive, Reed Ranch Road and Taylor Road." Mr. Coombs requested that all the streets except Reed Ranch Road and Taylor be eliminated from condition No. 100. He requested this modification as he felt the Town Engineer never had any concerns over any road but Reed Ranch Rd. and Taylor Road. He stated including the other roads would increase his bonding requirements. Council stated if there are no problems with the other roads then there would be no additional liability to ,the developer and stated all the roads should be included in condition 100. Mr. Coombs questioned Council if in condition 100 the Town is requiring the developer to repair the roads to existing conditions or to upgrade the roads. Councilman Spratling stated the Council is asking now that they be repaired to existing conditions, but at the Precise Plan stage the Town may require the developer to improve some of the roads. Mr. Coombs stated his concern over the inability to determine the economics of condition 100. Councilman Edelstein proposed that the units off Taylor Road be dropped entirely unless the developer improves Taylor Road or can gain access via Robin Drive. Councilman Bergmann referred to condition No. 89 regarding the annexation of the Reedlands Woods school site. Mr. Coombs stated his concern with the condition as is requires the action of a third party. Council concurred with Mr. Coombs and requested condition 89 be deleted. Town Manager Kleinert referred to condition 102 which requires the dedication of improvements to the appropriate public agency, and requested that that condition exclude drainage easements. He stated the Town normally does not accept drainage easements within private property. Council concurred. Councilman Edelstein referred to condition 99 requiring the developer to have a qualified engineer specalizing in soils approved by the Town to be present on the construction site at all times to monitor activity. He requested that the word engineer be changed to "geologist" or an engineer with a geologist on Staff. Council concurred. Council requested condition 39 regarding an addition~south-bound lane be provided on Blackfield Drive be amended to provide that the developer obtain bonding for this improvement, such as the condition in the LaCresta Master Plan. Councilman Spratling referred back to Councilman Edelstein's suggestion regarding the Taylor Road Units. He recommended the Council adopt the maximum number of units be 10 on Taylor Road and the minimum number be O. In the event the developer either reconstructs Taylor Road or gains access via Robin Drive then there is a potential of 10 units off Taylor Road. If the developer does not do either then he get 0 units. Councilman Spratling stated he has other concerns related to Taylor Road in regard to density but some of his concerns would be alleviated if the developer reconstructed Taylor Road or gained other access to the units. Councilman Spratling stated he is concerned with the existing zoning on Taylor Road which is RO-l. The development node on Taylor Road is 8 acres and to be consistent with existing zoning would allow a maximum of 8 units. Councilman Edelstein questioned Director Hanna that if the engineer/ geologist determined the area along Blackfield Driv~which was eliminated because of soils instability, could actually handle development, how many units he would feel could fit. Director Hanna stated he felt three units could be developed on the area in question. Director Hanna stated the applicant proposed 8 units in that area which included units eliminated because of visibility and soils instability. Mr. Coombs noted there has been an elimination of two development nodes of 4 units each off Paradise Drive due to serious access problems. He stated he has been in contact with the two landowners in which access could be gained and they have indicated an interest in working with TOWN COUNCIL MINUTES #587 MAY 11, 1982 PAGE FIVE Ring Mountain in providing access easements. He stated the property owners are Marino Pellegrinelli and the Parente family. Council questioned Mr. Coombs as to how many units he felt would be feasible in these two development nodes. Mr. Coombs stated he felt two (2) units off pellegrinelli's property and three (3) units off Parente's property. Council questioned how much grading would be required for the two roads. Mr. Coombs stated very little grading would be required from Pellegrinelli's property as the units would be serviced by a private driveway off his road. As far as the Parente roadway it would require providing a roadway similar to Pellegrinelli's. Mayor Rockey questioned Mr. Coombs as to what kind of intersection would corne off of the Parente property. Mr. Coombs stated it would depend if access was from Antonette Drive or Parente. If using Parente Dr. it would have a fairly sharp curve near the intersection. He stated if Antonette were used for access he does not feel there would be a sight distance problem. Councilman Spratling directed the Council to the last page of the document distributed this evening entitle "Statement of Understanding~ He recommended this Statement be included no matter which development plan the Town recommends to the County. Councilman Spratling read the Statement of Understanding which relates to the transferability of units to areas not identified in the Strawberry Community Plan as development nodes. Councilman Spratling stated a sentence was left out of this statement which is to be placed before to the second to last sentence which states "Transferring of units from one sketch plan development area to another may also occurll. Councilman Spratling indicated the Town's sketch plan is to be exhibit "A",and an indication of the areas for more stable development is supposed to be exhibit "B" to this Statement of Understanding. Mr. Coombs requested the Town allow the minimum numbers off Via El Verano to be 2. He indicated there has never been any opposition by residents to these two units. Director Hanna stated he feels very strongly there should be only 1 unit off Via El Verano because of the impacts in extending the proposed driveway to the second unit. Council supported Director Hanna's comments and left the minimum number of units at 1. Councilman Spratling stated he has concerns with the applicant's proposed lots #31 and #32 which are located right below a swale. Mr. O'Rourke stated this stability problem is correctable. Councilman Bergmann questioned Staff's placement of the small triangle lot #16 off Blackfield Drive. Director Hanna stated that lot was accident- ally labeled when in fact it is to be a small open space parcel. He noted this would then reduce the number of units to 23 off Black- field Drive. Councilman Bergmann questioned why there was no mention of trail easements in this Master Plan. Council noted that is a matter of Precise Plan approval but should be mentioned in the Master Plan. Councilman Spratling stated on page 2 of Development Alternative No.2, condition 2.d. it should indicated now that 9 lots were eliminated instead of 8 offBlackfield Drive because of lot frontages. He recommended Condition 2.g. be deleted an inserted in its place "Eliminate all lots on Taylor Road unless the project sponsor re- constructs Taylor Road or achieves access via Robin Drive. If and only if the applicant either reconstructs Taylor Road or gains access via Robin Drive, then add up to 10 lots off Taylor Road. Council amended 2.f. to read "add up to 4 lots off Paradise Drive in the two nodes shown in the Strawberry Community Plan so long as safe access is obtainable from adjacent private property owners". TOWN COUNCIL MINUTES #587 MAY 11, 1982 PAGE SIX Council then reviewed the minimum and maximum density range based upon the previous discussions, which resulted in the following: AREA MINIMUM UNITS MAXIMUM UNITS Paseo Mirasol Blackfield Drive Reed Ranch Road Paradise Drive 10 23 9 o 17 28 17 4 (5 minus Via Los Altos bonus unit) TOTALS 1 1 o ~ 2 1 10 * -:rg- Via El Verano Via Los Altos Taylor Road *must reconstruct Taylor Road or gain access via Robin Drive for a potential of up to 10 units. Mr. Coombs referred to conditions l.a. and l.b. noting he does not feel the County can legally require annexation of the Ring Mountain property to the Town of Tiburon after Master Plan approval. He requested Council's consideration of adding a condition l.c. whereby the applicant agrees to process the precise plan through the Town of Tiburon, but annexation is not required after Master Plan approval. He again stated the applicant wants to keep the option open of processing through the County should the Town not approve a feasible number of units. Mr. Coombs recommended exploring a development agreement whereby Ring Mountain would agree to process the precise plan through the Town but the agreement would not require annexation prior to precise plan approval. Mayor Rockey recommended the Sub- committee continue working with the developer and Town Staff to try to come up with an alternative to annexation. Councilman Spratling then read a draft resolution making recommendations to the County Board of Supervisors regarding the Ring Mountain Master Plan. This resolution provided for recommending Development Alternative No. 1 (36 Units) and if it is determined by the Board of Supervisors that Alternative No. 1 is not appropriate then the Town recommends approval of Development Alternative No. 2 (44 - 79 units). Councilman Edelstein stated that if the Town is not serious about recommending 36 units then we should drop that recommendation from the resolution. He stated the order of presentation of the development alternatives should be reversed. Councilman Spratling stated the seriousness of recommending 36 units would depend upon what happened at the County in regard to our recommendation of the development plan no. 2. He also stated that for many reasons it is important that Tiburon initially be consistent with is pre-zoning density. He stated if there is an eventual dis- agreement between the County and Tiburon in regard to this development the recommendation of 36 units would be the Town's strongest legal position, he stated the Town should preserve that legal position. Councilman Spratling also stated he is confident the County will reject Plan 1 which would trigger implementing Plan 2. Mr. Coombs stated in his opinion what the resolution is really saying is that Tiburon believes 36 units is appropriate but is being forced into considering a range so the Town is saying 44-79 units is possible in an attempt to entice the developer into coming to the Town when in fact the developer would be lucky to get 44 units. Councilman Edelstein stated he was on the Council when the Town pre zoned the Ring Mountain property. He stated there was no intent what so ever to limit the Ring Mountain development to 1 unit per 10 acres, but was in fact a "holding zone". He stated the argument at that time for prezoning the property 1:10 was to make it consistent with the County's zoning as rquired by State law. Councilman Spratling stated that no matter what the reasons were for pre zoning the property at that time, pre zoning raises expectations and is a statement of policy and what the Town would insist on upon annexation with the respect to the expectations of residents. TOWN COUNCIL MINUTES #587 MAY 11, 1982 PAGE SEVEN Mayor Rockey stated he feels the order of presentation of development plans should be reversed. Councilman Bergmann stated she feels the Town is advoacting 44-79 units so it should be listed first. MOTION: that the resolution as drafted be adopted with the order of presentation reversed and suitably reworded Moved: Edelstein, Seconded by Rockey Councilman Spratling recommended in light of the motion, the first paragraph of the resolution should be amended to read "RESOLVED, That the Town of Tiburon, pursuant to the Memorandum of Understanding between the County of Marin and the Town of Corte Madera and the Town of Tibuorn, hereby recommends to the County Board of Supervisors, that it approve a Master Plan with a range of 44 to 79 units for Ring Mountain Limited Development in accordance with Development Plan #2 (attached hereto), if, and only if Development Plan #2 is rejected as inappropriate after a full and complete hearing, or withdrawn by operation of Conditions l.a. or l.b., then the Town of Tlburon recommends to the County Board of Supervisors that it approve a Master Plan of 36 units for Ring Mountain Limited Development in accordance with Development Plan #1 (attached hereto)." Spratling stated the point being that the Town wants to be in control of the Precise Plan and in absence of control we would change our position to Plan #1. Mr. Coombs again expressed his concern with condition l.a. and l.b., which builds and impasse He stated the applicant is willing to process through the Town and deal in good faith. He stated hlli concern is with the wide range the Town is recommending. Mr. Coombs also expressed his concern over condition #2 relating to the escrow account. VOTE: Ayes: Edelstein, Bergmann, Spratling, Rockey NOES: None ABSENT: Smith ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Rockey adjourned the meeting at 1:40 AM, Wednesday, May 12, 1982, sine die. jjMM/; ~ D NIS RO KEY, MAYOR Town of Tiburon ATTEST: TOWN COUNCIL MINUTES #587 MAY 11, 1982 PAGE EIGHT MINUTES CORRECTED TOWN COUNCIL CALL TO ORDER Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 7:00 PM, Wednesday, May 5, 1982, in the Library of the Del Mar School, Tiburon, CA. CLOSED SESSION Mayor Rockey adjourned the regular meeting to a closed session for the purpose of discussing current and pending litigation. REGULAR MEETING Mayor reconvened the Council for their regular business session at 8:08 PM. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Rockey EX-OFFICIO: Town Manager Kleinert, Deputy Town Attorney Ragghianti, Director of Community Development Hanna, Supt. of Public Works Brunini, Town Engineer Bala, Chief of Police Bailey, Minutes Clerk Stultz ABSENT: COUNCILMEMBER: Smith B. APPROVAL OF MINUTES #584, April 20, 1982 MOTION: Moved: Vote: approve the aforementioned minutes as submitted Edelstein, Seconded by Spratling AYES: Unanimous ABSENT: Smith #585, April 21, 1982 Page 3, Condition No. 4 delete "as a parking areaor" MOTION: Moved: Vote: approve the aforementioned minutes as amended Spratling, Seconded by Bergmann AYES: Unanimous ABSENT: Smith C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES Mayor Rockey recommended the appointment of Michael Masterson to the Planning Commission. MOTION: Moved: Vote: appoint MichaelMas~to the Planning Commission Spratling, Seconded by Bergmann AYES: Unanimous ABSENT: Smith Mayor Rockey announced the 1982-83 appointments to the Town Council committees as follows: Finance, Planning and Budget Smith and Spratling; Public Services - Bergmann, Smith; Lands and Development - Edelstein, Spratling; Legal and Administration - Rockey, Spratling; Le~e Redwood Empire Division - Smith, Bergmann; Priority Setting Committee - Bergmann, Edelstein; Ring Mountain - Spratling, Rockey; ABAG - Bergmann, Rockey; Major Crimes Task Force - Rockey; SASM - Elva Edger; Mosquito Abatement Board-Stewart Hopkins; Ecumenical Association - Margarita Lacey; Ferry Boat Committee - Henry Hill, Doug Jocelyn, Robert Crosby, John Smisseart and Russ Wischow. TOWN COUNCIL MINUTES *586 MAY 5, 1982 PAGE ONE D. COMMISSION AND COMMITTEE ORAL REPORTS Mayor Rockey reported on an April 26, 1982 meeting of Town Staff, SASM, and the various public agencies regarding the installation of SASM's pipeline within Tiburon. Mayor Rockey noted a schedule of the project has been established and was reported on in the ARK. Mayor Rockey reported their will be a walk of the Highlands property on Saturday, May 8th at 4:00 PM. He welcomed any interested residents or officals to attend this walk. The Town Council discussed the date for a Council/Staff workshop session. It was decided this session be held on Saturday, June 5th pending approval by Councilman Smith. E. PUBLIC QUESTIONS AND COMMENTS Mayor Rockey announced May has been declarednffiXxal arthritis month and he urged the Town's support of this occasion. F. CONSENT CALENDAR MOTION: approve the consent calendar consisting of: 1. AWARD OF CONTRACT (Reed Ranch Road Sanitary Sewer Extension) 2. PINE TERRACE PROPERTY OWNERS ASSOCIATION (Approve Lease Agreement for Small Triangular Parcel West of Pine Terrace Adjacent to South of the Knoll) 3. TRESTLE GLEN/TIBURON BOULEVARD INTERSECTION IMPROVEMENTS (Approval of Program Supplement#3) 4. RICHARDSON BAY SANITARY DISTRICT EASEMENT ACQUISITION (Recommend Approval) Moved: Vote: Spratling, Seconded by Bergmann AYES: Unanimous ABSENT: Smith G. PUBLIC HEARINGS 5. RING MOUNTAIN (Recommendation to County Concerning Proposed Develop- ment between Corte Madera and Tiburon) Director of Community Development Hanna reported on April 28th the Planning Commission considered the Ring Mountain subcommittee report and discussed two approaches to the project. The options were: 1) adhere to the pre zoning density of 1 unit per 10 acres or 2) apply a flexible zoning category that would result in a density of 54 to 74 units, generally in the locations identified in the Strawberry Community Plan. The Planning Commission recommends to the Town Council that the second alternative is more appropriate. Director Hanna noted that a walk of the Ring Mountain property has been scheduled for Monday, May 10, 1982, at 1:00 PM for interested residents and at 4:30 for Town Officials. The Town's final recommendations to the County Planning Commission should be adopted by next week. Director Hanna reviewed the density range that would be acceptable to the Town as it relates to the applicant's proposal, as follows: TOWN MINIMUM/MAXIMUM PROPOSED AREA Via El Verano Paseo Mirasol Blackfield Drive Reed Ranch Road Taylor Road 1/2 10/17 24/28 9/17 10 54/74 * 2 24 38 12 8 84 Director Hanna noted the Town could approve a number of units greater than the minimum but not greater than the maximum, based on the following conditions: 1) immediately after Master Plan approval by the County the applicant shall initiate annexation proceedings through LAFCO to annex to the Town of Tiburon. The applicant would then process the Precise Plan with the Town *Later changed to 54/75 based on 1 unit added to Via Los Altos n 71 f"'P rflT.ir'l upon completion of the annexation proceedings. 2) The developer shall establish an interest bearing escrow account to guarantee repair to actual or potential soils instability problems. 3) The applicant would be required to develop and/or pay appropriate in-lieu fees to offset the requirement for low/moderate income housing and 4) the recommended mitigation measures in regard to geology, soils and seismicity, hydrology and water quality, biological and aesthetic considerations, housing, community services, police, water and sewerserive, and traffic circulation be given further consideration. Mayor Rockey reported this hearing will be adjourned to Tuesday, May 11th for final consideration after the walk of the property. Councilman Spratling questioned staff as to the present zoning of properties along Taylor Road within Tiburon's Limits. Director Hanna noted this area is zoned RO-l, one acre minimum lot size, and if applied to the Ring Mountain property contiguous to Taylor Road would allow 4-6 units. Mayor Rockey opened the public hearing. Mr. Richard Coombs, representing the applicant, stated development will primarily occur on the lower knolls, but noted there are many developable areas at higher elevations. He will review these areas during the walk. One area in particular would be along the Taylor Road extension. Councilman Spratling questioned if the applicant is proposing these additional units on Taylor Road in-lieu of lots off Reed Ranch Road, or if the applicant is trying to justify additional units on top of what is being proposed. Mr. Coombs noted the Strawberry Community Plan did not identify units in the Taylor Road area because of the County's ridgeline policy. He indicated this would be an area for minor adjustments and flexibility if the Precise Plan were processed through Tiburon. Ms. Sandy Leistner, 130 Taylor Road, expressed her concern over the possibility of additional units being placed on Taylor Road. She stated 4-5 units would be an acceptable type of development and would be in keeping with the character of the neighborhood. More than 5 units would change the entire quality of life in the Taylor Road area. Mr. Stone Coxhead, 34 Reed Ranch Road, reported that the Strawberry Community plan has been amended in regard to development South of Tiburon Boulevard. He stated in his opinion that the Strawberry Community Plan evaluated development based upon traffic zones rathern tha land areas. As the Strawberry Community Plan did not indicate development in the Madera Del Presidio area or Parcel "A" perhaps the Plan should be amended in regard to development North of Tiburon Boulevard. Mr. Coxhead noted Ring Mountain Limited three years ago submitted a plan with 40 units placed in the Madera Del Presidio area, on l's and 2's regarding stability and slope. The geology report states the Madera Del Presidio area after the January storms is geologically more stable than the Paseo Mirasol or Reed Ranch Road areas of development. Mr. Coxhead stated Corte Madera should share the development impacts with Tiburon as well as the open space benefits and recommended the Council suggest 40 units be considered for the Madera Del Presidio property. Mr. Ted Kreines, 58 Paseo Mirasol, Director of the Tiburon Hills Property Owners Association, noted the Homeowners Association has met several times with the Ring Mountain subcommittee and had submitted a list of conditions for the project. He indicated the subcommittee had given the Homeowners Association a positive response on their recommendations.**Mr. Kreines expressed his concerns over alternative No. 2 which in his opinion totally ignores the Homeowners' concerns and recommendations. In Alternative No. 2 Mr. Kreines stated, it appears the Town is **yet most of their recommended conditions were no incorporated into the Town's recommendations. TOWN COUNCIL MINUTES #586 MAY 5, 1982 PAGE THREE trading visual impacts and open space for the Health, Safety and Welfare of the existing residents. He stated the location of the units on Ring Mountain is many times more important than the number of units the developer gets approval for. Mr. Kreines stated the Town should uphold its policies, beginning with the pre zoning of this property.- Mr. Kreines stated he is not opposed to using existing streets to facilitate this development, but the land should be stable on which units are built. Mr. Darryl Snider, 77 Paseo Mirasol, supported the comments of Mr. Kreines. He noted in alternative No. 2 there is a finding regarding the extensions of Paseo Mirasol and Blackfield Drive providing improved safety to the downhill existing residences. He stated the Town should not guarantee the safety of these roads. Mr. Snider referred to the escrow account in Alternative No. 2 in which he feels the applicant should start the account with a minimum of $1 million. Mr. Madsen, 4635 Paradise Drive, expressed his concern over the water pressure situation in the Taylor Road area and that this matter should be addressed. Mr. Marino Pellegrinelli spoke in favor of limited development in the Taylor Road area noting he feels the area could support 8 units. Mr. Coombs stated he would like to meet with the Taylor Road residents to dicuss some mitigation measures to handle the additional traffic, stormwater run off, etc. Mr. Coombs reviewed his concerns in regard to the subcommittee report. In Alternative No.2, condition No. 1 he has a problem with the lot frontages along Blackfield Drive, Reed Ranch Road and Paseo Mirasol being a minimum of 100'. He would rather be allowed some flexibility as some of the lots may have a 75' frontage and fan out in the back. In condition No. 3.d. regarding the elmination of units having a visual impact is of concern to him. He noted one area eliminated because of this condition was the Blackfield Drive water tank property. He stated some units could be placed there and with proper design not be visually obtrusive. Mr. Coombs expressed his concern over the one unit on Via El Verano and one unit on Via Los Altos that have been eliminated. He stated units should not be eliminated which no one is disputing. He noted the condition regarding annexation to the Town after Master Plan approval by the County it totally unacceptable. He indicated he would like to keep the option open to process the project through the County. He indicated he would like to move forward with processing the Precise Plan with the Town, but the proposed range in Alternative No. 2 goes from economically unfeasible to a profit making project. He stated he feels he could get approval for as many as 82 lots from the County. Mr. Coombs addressed the matter of an escrow account being opered w ith the suggested minimum of $1 million. He stated this condition is totally unacceptable. He noted with proper engineering, construction and maintenance of improvements there should be no future problems. tir. CooMbs indicated he feels the Town should maintain the drainage systems within the Ring Mountain development and he proposes to establish a maintenance assessment district to provide funds to the Town to maintain the drainage improvements. Being no further comments, Mayor Rockey closed the public hearing. Councilman Edelstein stated he supports the approval of a range of possible lots that could be developed. He indicated an exact number could be established at the Precise Plan stage based upon additional studies that will have to be done. Councilman Spratling expressed his concern that the homeowners feel there was an ~terior motive on the part of the sub- committee in the formulation of Alternative No.2. He stated the subcommittee felt they should prepare two alternatives for the Planning Commission and Town Council to consider, and in fact the final Council recommendation could be a combination or both TOl'lN COUNCIL MINUTES ~:l:J86 MAY 5, 1982 PAGE FOUR alternatives or an entirely new alternative not yet considered. Councilman Spratling stated his desire to continue working and meeting with thehomeowners. Councilman Spratling requested the applicant to continue further investigation of an alternative to the escrow account to cover future liability. Further consideration of this matter was continued to the adjourned meeting of Tuesday, May 11, 1982. 6. GENERAL REVENUE SHARING FUND (1982-83 Proposed Use Hearings) Town Manager Kleinert reported each year the Town is required to conduct public hearings and publish how much Revenue Sharing funds the Town will receive and how much there is on balance and try to obtain public input as to how these funds should be disbursed. Council deferred this matter to the 1982-83 preliminary budget hearings. 7. MASTER & PRECISE PLAN AMENDMENT (Agins Development) This matter was continued to the next regular Council meeting of May 19, 1982. H. BUSINESS 8. REQUEST FOR RATE INCREASE (Yellow Cab Company) Town Manager Kleinert reported that Finance Director Nadritch has reviewed the financial status of the Yellow Cab Company, concluding that without the requested rate increase the COMpany would be bankrupt by the end of this calendar year. Manager Kleinert also reported that Staff is also recommending that the Town deregulate Taxi Cab companies and let the market take care of itself. Chief of Police Bailey noted the Town's Taxi Cab regulation ordinance is really set up for home based companies, which the Town presently has none. Council determined the regulation ordinance should remain inforce in case the Town ever getsa home based taxi cab company. Councilman Edelstein questioned if Yellow Cab is proposing a discount rate for the elderly. Manager Kleinert reported he will contact Yellow Cab and recommend they charge a special rate for senior citizens. Moved: Vote: adopt the resolution granting a rate increase for Yellow Cab Company (Resolution No. 2016) Spratling, Seconded by Bergmann AYES: Unanimous ABSENT: Smith MOTION: 9. MARSH RESTORATION (Status of Soils Investigation) Manager Kleinert reported last year the Town adopted a resolution indicating the Town's intentkn to purchase a portion of TPC property for the purpose of restoring the marsh area. In this resolution the Town stated it would fund a soils investigation of the area around the marsh and the impacts of the restoration upon the TPC's lower tennis courts. The scope of services for the soils report were drawn up but the TPC had problems with the scope. Their concern was related to the impacts of restoration upon Judge Field and other portions of the TPC property. They also were concerned with the long term effects of the r~oration upon their property. Manager Kleinert reported the Town and TPC have finally reached agreement upon the scope of services. Manager Kleinert reported that the funding for the soils report was to corne from Southern Pacific, but since their project has been delayed it is hard to determined when and if these funds will be forwarded to the Town. TOWN COUNCIL MINUTES #586 MAY 5, 1982 PAGE FIVE MOTION: Moved: Vote: to defer the soils investigation work until such time as the Town receives the funding from Southern Pacific or assurance thereof Spratling, Seconded by Edelstein AYES: Unanimous ABSENT: Smith. I. CO~1UNICATIONS, STAFF & TOrm lUillAGER REPORTS 10. LOCAL GAS TAX INITIATIVE (Approve Concept of Ballot Measure) Manager Kleinert reported this is an attempt by the County to raise additional tax monies for street and road maintenance. The proposal is for a 5 cent a gallon tax, of which the Town of Tiburon would receive approximately $100,000 annually. Manager Kleinert stated he would recommend support of the tax in the amount of 59/gallon, and that the money be distributed to the cities based on the formula the County has provided and that all monies be limited to road and drainage maintenance and not for transit. MOTION: Moved: Vote: approve in concept the 59 a gallon gasoline tax initiative as long as the initiative does not require that the various cities be required to use it for transit Spratling, Seconded by Bergmann AYES: Unanimous ABSENT: Smith Manager Kleinert reported on the South of the Knoll improvements, whereby the Town was required by the State to provide fresh water to certain portions of the park. Because of this requirement the contractor has had to slow down work while the Town prepared the specificiations for the additional work. The Town and Contractor have agreed upon a price of $12,633 to provide the additional work required. Manager Kleinert reported the Town Engineer is requesting the Council to allow him to proceed with the change work order. MOTION: Moved: Vote: approve the change work order Bergmann, Seconded by Spratling AYES: Unanimous ABSENT: Smith Manager Kleinert reported at the last meeting Council approved the purchase of a police motorcycle for the Town's traffic enforcement program. The Town has enrolled officer Benningson into the California Highway Patrol motorcycle school and the State requires that a resolution be adopted authorizing the Town Manager to execute the training agreements. MOTION: Moved: Vote: adopt the resolution authorizing the Town Manager to execute the training agreement between the Town and California Department of Highway Patrol (No. 2017) Edelstein, Seconded by Bergmann AYES: Unanimous ABSENT: Smith J . ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Rockey adjourned the meeting at 11:40 PM, Wednesday, May 5, 1982, to Tuesday, May 11, 1982, 7:30 PM in the Del Mar School Library for the purpose of reviewing the Ring Mountain Master Plan. TOWN COUNCIL CORRECTED MINUTES CALL TO ORDER Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 8:00 PM, Wednesday, April 21, 1982, at the Hilarita Community Room, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith Mayor Rockey EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Town Attorney Conn, Town Engineer Bala, Chief of Police Bailey, Supt. of Public Works Brunini, Minute Clerk Stultz B. APPROVAL OF MINUTES There were none. C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES Mayor Rockey reported that the Town Council has held an interview session for the several vacancies on the various Town Commissions and Committees. He recommended the appointment of Robin Scott to the Fine Arts Commission; Betty Yoder and Jocelyn McDonnell to the Parks and Recreation Commission. MOTION: to appoint Robin Smith to the Fine Arts Commission and Betty Yoder and Jocelyn McDonnell to the Parks and Recreation Commission Edelstein, Seconded by Spratling AYES: Unanimous Moved: Vote: Mayor Rockey stated that hopefully the remainder of vacancies will be filled at the next regular Council meeting. D. PUBLIC QUESTIONS AND COMMENTS There were none. E. RECOGNITION OF PUBLIC SERVICE 1. Peter Cossart (Tiburon Boy Scout Troop #48, Eagle Scout Project) Town Manager Kleinert reported that several months ago Peter and Mr. Cossart came to Town Hall and asked about civic projects Peter could do for his Eagle Scout project. Manager Kleinert advised Peter of the trail and access problems by the Mt. Tiburon water tank pedestrian path. Peter and several members of his troop, during the winter, cleared this trail and installed sturdy steps which now makes this pedestrian trail very easy to traverse. MOTION: adopt the resolution expressing appreciation to Peter Cossart and Boy Scout Troop #48 upon completion of his Eagle Scout trail improvements project (No. 2015) Moved: Vote: Spratling, Seconded by Smith AYES: Unanimous The Council expressed its appreciation to Peter Cossart and joined the audience in a standing ovation. TOWN COUNCIL MINUTES #585 APRIL 21, 1982 PAGE ONE F. CONSENT CALENDAR Council requested Item No. 8 be moved to the Consent Calendar. MOTION: approve the Consent Calendar as amended, consisting of: 2. POLICE REPORT (March 1982) 3. FINANCE REPORT (March 1982) 4. TRAFFIC SAFETY COMMITTEE REPORT (April 1982) 5. CLAIM FOR DAMAGES (Continued) 8. MASTER & PRECISE PLAN AMENDMENT (Agins Development, Continued to May 5, 1982) Moved: Vote: Spratling, Seconded by Smith AYES: Unanimous G. PUBLIC HEARINGS 6. ZELINSKY MASTER PLAN (Expansion of Tiburon Lodge and New Morning Cafe, Ordinance 2nd Reading) Director of Community Development Hanna reported the item before the Council is second reading of the Zelinsky master plan amendment. This amendment includes two alternatives for the Tiburon Lodge expansion and a second floor addition and remodel to the New Morning Cafe/Hot Fudge Factory building. One alternative to construct the Lodge expansion uses the location of the existing Fire Station. The other uses the rear of the existing Tiburon Lodge. At the last Council hearing the Council directed Staff to revise the master plan ordinance deleting the offer of dedication of the strip of property 125' westerly of Home Savings and providing that this property be leased to the Town of Tiburon for a 10 year period. This property is to be leased to the Town for the general purpose of providing public parking or any other use the Town deems fit and appropriate. Director Hanna noted another issue of the last meeting was the ability or opportunity for the Town to provide a soccer field using a major portion of the SP recreation area and a portion of this 125' strip of property. Director Hanna displayed two maps showing a regulation and substandard size soccer field on this property. These maps indicated that a substandard field could be placed entirely on the SP property and a regulation size would encroach onto the property to be leased to the Town. Director Hanna reported that based upon a conversation with a representative of the County Tax Assessor's office the 125' strip would be taxed so long as it remained in private owner- ship. Any area dedicated in fee to the Town would not be taxed. By taking the present tax assessment for the entire parcel ($2,574) and estimating that approximately 1/4 will remain in private ownership the taxes would be approximately $630/year. Councilman Edelstein questioned if this expansion project meets or exceeds the Zelinsky downtown master plan limitation of 7,200 sq. ft. per acre. Director Hanna stated that after this expansion is completed the Zelinsky's would be 748 sq.ft. from reaching their buildout. Councilman Edelstein requested this fact be placed in the ordinance under paragraph G. Council discussed the location of the required 30 parking spaces for this expansion. Director Hanna stated the location will be determined at the precise plan stage. Councilman Smith inquired if the placement of a soccer field is a requirement or if Council is just sizing the area to see if it could accoITmQdate a soccer field. Director Hanna stated it is just an indication of what could happen if this project went through. TOWN COUNCIL MINUTES #585 APRIL 21, 1982 PAGE TWO Mayor Rockey opened the public hearing. Mr. Ed Zelinsky stated he had received a copy of the proposed lease today noting it is basically acceptable except for condi tion #9 relating to an addit:ional 10 year option period. This condition is totally unacceptable to the applicant. Mr. Zelinsky stated this condition should be deleted. Kirk Hanson reported on the many hours of negotiations that have gone into the development of this ordinance and he does not think it is fair to throw in an option period for this piece of property which the applicant would like to retain. Mr. Hanson requested that the Council take into consideration the potential benefits to the Town and Fire District should this plan be accepted. Council discussed the fact that the Zelinsky's will have only 748 sq. ft. remaining before they reach their buildout and there will most likely be little opportunity to build on the property in question. Being no further response, Mayor Rockey closed the public hearing. Councilman Spratling referred to the draft lease agreement. He requested that condition #9 be delted; in line 5 of #4 starting with "for the purpose... be deleted; on #3 after the word"real property taxes" that "and assessments" be added, and delete "by the County of Marin". MOTION: Moved: Vote: to revise the lease as recommended Smith, Seconded by Edelstein AYES: Unanimous Council referred to the ordinance approving amendments to the Zelinsky Master Plan. Council requested the following amendments: Condition No.2, 2nd line delete "incorporationg" and insert "in the area of". Condition No.3, 2nd to last sentence amend to read "The status report shall contain information regarding the suitability of any proposed land for a new fire station, the timetable for moving the existing building or building a new fire station and the proposed budget for samell. Condition No.4, delete IlWith an option to renew for an additional 10 years". Amend the last two sentences of condition 4 to read IlSaid lease shall be for a term of 10 years and shall provide for use of the property ft~/ft/Pft~~tA8/ft~ftfi/p~/for any purpose that the Town may find to be in the public interest. Rent for the leased area shall be equal to the annual property taxes and any assessments assessed on the property." Condition No.5, add to the first sentence 1l0ver and above the parking requirements of the Zoning Ordinance required by the Lodge and New Morning cafe expansions, in the event the applicant proceeds with Alternative SK:S for the Lodge expansion, the applicant shall pave, stripe and landscape to the satisfaction of the B.A.R. and Town Engineer, the area identified as "Utilized area...." Councilman Spratling questioned if the routine condition regarding maintenance of landscaping for a given period of time should be included in the ordinance. Director Hanna stated that will be a condition of the precise plan resolution. MOTION: Moved: Vote: read by title only Spratling, Seconded by Bergmann AYES: Unanimous Mayor Rockey read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AMENDMENTS TO THE ZELINSKY MASTER PLANIl. TOWN COUNCIL MINUTES #585 APRIL 21, 1982 PAGE THREE MOTION: adopt second reading of the aforementioned ordinance as amended (No. 256 N.S.) Moved: Vote: Smith, Seconded by Spratling AYES: Edelstein, Bergmann, Spratling, Smith, Rockey NOES: None 7. RING MOUNTAIN (Status Report of Planning Commissions' Deliberations) Director of Community Development Hanna reported the Ring Mountain subcommittee report was reviewed and modified by the Planning Commission at their last meeting. Ring Mountain is in the County of Marin's jurisdiction and bordered by Corte Madera and Tiburon. A Memorandum of Understanding was entered into by all three jurisdictions which provided for joint hearings on the Ring Mountain Master Plan and EIR, with final action to be taken by the County. The project presently provides for 85 units in nodes with access from existing streets within the Town of Tiburon. Director Hanna reviewed two positions that were dicussed in the subcommittee report, which were: 1) the present prezoning of the property which allows a maximum of 36 units (1 unit per each 10 acres of land) is the appropriate density of the project; or 2) to take into consideration the constraints of the property, County Wide Plan, Environmental Hazard Element, soils and geological studies and the ridgeline policy of the County to determine the appropraite density for the project. Director Hanna displayed an overlay map of all the above mentioned constraints which identified the areas in which construction could occur. Director Hanna noted that since the Planning Commissions review of the project, the County of Marin has taken the position that the Strawberry Community Plan should be the document that dictates to the County what development should occur on the property. Therefore the County zoning should be modified to be consistent with the Strawberry Community Plan. Councilman Spratling referred to an article in the ARK regarding the Planning Commissions consideration of the subcommittee report in which the article sounded like the subcommittee is going to recommend the first option, that 36 units should be the maximum density of the property. He noted the subcommittee is not recommending either option to the Commission or Council at the present time. Mayor Rockey opened the public hearing. Mr. Richard Coombs of Piombo Corporation, noted the Council received a letter today from him addressing some comments that were made at the Planning Commission meeting regarding the draft subcommittee report. He noted the best solution would be for Tiburon and Piombo to reach agreement so that the development can move forward and eventually annex to the Town of Tiburon. Mr. Coombs suggested the possibility of entering into a develop- ment agreement with the Town. He noted he has problems with the County's emphasis on the Strawberry Community Plan as being the guiding document for Ring Mountain, which would allow 82 units. He stated the Strawberry Plan in essence duplicates the Ring Mountain Advisory Committee study and comes almost to the same conclusions as to where development should occur on the Ring Mountain property. The only difference between the two studies is that the Strawberry Plan does not provide a development node for three units in the Madera Del Presidio area. Mr. Coombs noted he does not feel enough constraints were taken into con- sideration in preparing the overlay map, one obvious constraint not considered was rare and endangered vegetation. If this con- straint were considered it would eliminate the one development node on Parcel "A". This node is in the marsh area that the Nature Conservancy wants to preserve. Mr. Coombs stated he is requesting interpretation by County Staff of their various develop- ment policies, in particular their ridgeline policy. He stated Piombo is looking for some flexibility in a hope to shift the density higher up and closer to existing development. He expressed a desire to prepare a plan that the Town of Tiburon and County of Marin could both live with. TOWN COUNCIL MINUTES #585 APRIL 21, 1982 PAGE FOUR Councilman Spratling indicated that the subcommittee has met since the last Planning Commission meeting and that in his opinion Mr. Coombs letter to the County was premature. He stated the subcommittee report is a working document and will be revised, and to take information from the report is not appropriate at this time. Mr. Coombs stated his concern was that the subcommittee report was barely changed by the Planning Comission and he felt it was important to get the County to take a position on some of their policies which were discussed in the report. Mayor Rockey stated the County could formulate a plan that is acceptable to the County and not acceptable to the Town of Tiburon. Councilman Edelstein expanded on Mayor Rockey's comment noting that if Piombo plans on annexing this development to the Town, it would have simplified matters for all concerned if an application for annexation had been made to the Town of Tiburon and Tiburon act as lead agency in this development, such as the La Cresta development. Kirk Hanson questioned the potential for Ring Mountain to develop some units within Corte Madera's sphere of influence. Mr. Coombs stated Corte Madera is adamantly opposed to any development on their side of the mountain. Mayor Rockey noted the benefits of the open space will be shared equally by Corte Madera and Tiburon yet Tiburon is receiving all the impacts from development, noting Corte Madera should be more flexible and share in some of the development impacts. Mayor Rockey closed the public hearing. Councilman Spratling requested that he formally be assigend to the Ring Mountain subcommittee as a Councilmember, replacing Kirk Hanson. Spratling indicated Planning Commissioner Wilson has taken his place as a Commissioner to the subcommittee. Council concurred on this request. Council referred the matter back to the Planning Commission for their final recommendations on the Ring Mountain subcommittee report. H. BUSINESS 9. ENCROACHMENT INTO TOWN EASEMENT (141 Sugarloaf Drive) Mr. William Kuhns, representing the property owner of 141 Sugarloaf Drive, reported in 1980 the owner constructed a fence around his property without the benefit of a building permit. The Town Engineer then advised the property owner the fence was encroaching into the pedestrian easement by the Mount Tiburon watertank. Mr. Kuhns noted Town Staff feels there is a major encroachment into the Town's easement, but in his opinion if there is any encroachment it is very minor. Mr. Kuhns stated his objection to Staff's recommendation that the owner obtain a survey to determine if his fence does encroach into this ease- ment. Mr. Kuhns noted the Town had never recorded this easement, and recommended it be recorded and the property owner be allowed to leave the fence and gate where it presently exists. As there was a dispute between the property owners representative and Town Staff as to where exactly the pedestrian easement is, the matter was continued until the next meeting so Town Staff, Mr. Kuhns and Irving Moulin could meet at the site and perhaps resolve the matter without performing a survey. Councilman Bergmann requested the Council be provided the infor- mation regarding the retroactive approval of the fence at the next meeting. TOWN COUNCIL MINUTES #585 APRIL 21, 1982 PAGE FIVE 10. PURCHASE OF CAPITAL EQUIPMENT (Police Department Motorcycle) Town Manager Kleinert reported the Town has received many lettersof support since the last meeting regarding the purchase of a motorcycle for the police department's traffic enforcement program. Manager Kleinert reviewed that the Town could purchase this motorcycle from the Town of San Anselmo for $2,000 as San Anselmo is having it replaced by a Federal Grant. Manager Kleinert noted there are two issues related to the purchase of this motorcycle, 1) will it be cost effective and 2) this purchase must.be looked at in light of the Police Department's entire budgetary concerns. Chief Bailey noted that if the purchase is denied, he will not include a motorcycle in this year's budget requests. Bailey stated that in speaking with other police chiefs who use motorcycles for traffic enforcement they all indicated the motor~ cycles more than pay for themselves. He also noted one benefit of having a motorcycle would be manuverability if the Boulevard were closed by an accident. Councilman Edelstein stated that after considering Tiburon has a two lane highway which can very easily be blocked by an accident, coupled with the advantages brought up in the many letters received by Town Hall, he feels this purchase would be worthwhile. Councilman Spratling concurred with Councilman Edelstein. Mayor Rockey reported he spoke with Marin Motorsports who worked on the motorcycle. He stated the mechanic indicated the bike was under water for approximately 30 days and within the next 20,000 to 40,000 miles the bike may need to be overhau~. Mayor Rockey stated he is not going to support the purchase because of the fact a bike would not be purchased otherwise if this one had not become available. Moved: Vote: to purchase basis Smith, AYES: NOES: the motorcycle and used radio on a trial MOTION: Seconded by Spratling Edelstein, Bergmann, Spratling, Smith Rockey Resident Jocelyn McDonnell requested the hedges at the intersection of Avendia Miraflores and Tiburon Boulevard be trimmed for the safety of the officer using the motorcycle. 11. PENDING TOWN COUNCIL AGENDA t1ATTERS Councilman Edelstein requested that a Council workshop meeting be scheduled. Councilman Smith requested the matter of the Rock Hill Road/Tiburon Boulevard intersection be agendized to consider posting signs indicating to motorists to reduce their speed ahead. Council requested this matter be discussed by the Traffic Safety Committe and Councilman Smith be invited to attend. I. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS Manager Kleinert reported the State Legislature is proposing to make significant cuts in the CAL/TRANS maintenance budget for fiscal year 1982-83. Of these cuts $26.5 million will be from the mainteance of conventional highways, i.e. Tiburon Boulevard. Council directed Staff to prepare a letter of opposition to Tiburon's State Legislator regarding the proposed cuts to CAL/TRANS' maintenance budget. J . ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Rockey adjourned the meeting at 11:00 PM, Wednesday, April 21, 1982, sine die. TOWN COUNCIL MINUTES #585 APRIL 21, 1982 PAGE SIX (t~,~~ DENNIS RO EY, YOR Town of Tiburon ATTE/&;~ R. L. KLEINERT, TOWN MANAGER/CLERK TOWN COUNCIL MINUTES #585 APRIL 21, 1982 PAGE SEVEN TOWN COUNCIL MINUTES CALL TO ORDER Mayor Hanson called the adjourned meeting of the Town Council of the Town of Tiburon to order at 8:05 PM, Tuesday, April 20, 1982, in the Library of the Del Mar School, Tiburon,CA. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass, Hanson EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Supt. of Public Works Brunini, Finance Director Nadritch, Minute Clerk Stultz APPROVAL OF MINUTES #583, April 7, 1982 Page 2, Item 2, Council requested the minute clerk to review the tape regarding the placement of a soccer field on a portion of the property to be leased to the Town Page 3, Item 3, correct spelling of Merit to Merritt MOTION: Moved: Vote: approve the minutes of April 7, 1982 as amended Bass, Seconded by Bergsund AYES: Unanimous CERTIFICATION OF APRIL 13, 1982, MUNICIPAL ELECTION Outgoing Councilmembers Phil~p Bass, Joan Bergsund and Kirk Hanson all expressed appreciation to their families, Town Staff, the Town Manager and to the citizens of the Community for their support and concern throughout the past four years. Council-elect Spratling , Councilman Rockey and Councilman Edelstein all expressed their appreciation to the outgoing Councilmembers for their dedication and service. Moved: Vote: adopt the resolution certifying the election results of the April 13, 1982, municipal election Bass, Seconded by Bergsund AYES: Unanimous MOTION: SEATING OF THE NEW TOWN COUNCIL The Town Manager presented the three newly elected Councilmembers with their Certificates of Election and administered the Oath of Office. ELECTION OF MAYOR The Town Manager assumed the Chair for the purpose of receiving nominations for the Office of Mayor of the Town of Tiburon for 1982-83 MOTION: Moved: to nominate Dennis Rockey as Mayor Edelstein, Seconded by Smith There being no further nominations, the Chair closed the nominations and proclaimed Dennis Rockey Mayor by acclamation. Rockey then assumed the Chair. TOWN COUNCIL MINUTES #584 APRIL 20, 1982 PAGE ONE Mayor Rockey opened nominations for Vice-Mayor MOTION: Moved: to nominate Gary Spratling as Vice-Mayor Edelstein, Seconded by Smith There being no further nominations, Mayor Rockey closed the nominations and proclaimed Gary Spratling as Vice-Mayor by acclamation. ADJOURNMENT There being no further business of the Town Council of the Town of Tiburon, Mayor Rockey adjourned the meeting at 8:35 PM, Tuesday, April 20, 1982, to Wednesday, April 21, 1982. ~~~ DENNIS ROCKE , MAYOR Town of Tiburon ATTEST: I&Z R. L. KLEINERT, TOWN COUNCIL MINUTES #584 APRIL 20, 1982 PAGE TWO MINUTES TOWN COUNCIL CALL TO ORDER Mayor Hanson called the regular meeting of the Town Council of the Town of Tiburon to order at 7:30 PM, Wednesday, April 7, 1982, in the Del Mar School Library. CLOSED S ESS ION -.--- Mayor Hanson adjourned the regular meeting to a Closed Session for the purpose of discussing ourrent and pending litigation. REGULAR MEETING Mayor Hanson reconvened the Council for the regular business session at 8:00 PM. A. ROLL CALL --- PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass Mayor Hanson EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Deputy Town Attorney Ragghianti, Town Engineer Bala, Chief of Police Bailey, Supt. of Public Works Brunini, Minute Clerk Stultz B. APPROVAL OF MINUTES #581, March 3, 1982 MOTION: Moved: Vote: approve the minutes of March 3, 1982 as presented Bergsund, Seconded by Bass AYES: Edelstein, Bergsund, Bass, Hanson ABS TAIN: Rockey #582, March 17, 1982 MOTION: Moved: Vote: approve the minutes of March 17, 1982 as presented Rockey, Seconded by Bergsund AYES: Edelstein, Bergsund, Bass, Rockey AffiTAIN: Hanson C. COMMISSION AND COMMITTEE ORAL REPORTS There were none. D. PUBLIC QUESTIONS AND COMMENTS There were none. E. CONSENT CALENDAR Council requested Item 10 be moved to the Consent Calendar. Mr. Lauder, representing Tiburon Sanitary District No.5, requested some decision be made by the Council regarding Item No. 13. This item pertained to the scheduled closing of a portion of Paradise Drive by SASM during construction of their outfall pipe into Racoon Straits. Sanitary District No. 5 is concerned with this closure as traffic will be detoured to Mar West and in front of the treatment plant which will still be under construction. TOWN COUNCIL MINUTES #583 APRIL 7, 1982 PAGE ONE Moved: Vote: refer item No. 13 to Town Staff and the Traffic Safety Committee for resolution Rockey, Seconded by Bass AYES: Unanimous MOTION: MOTION: approve the consent calendar, as amended, consisting of: 1. REEDLAND WOODS SCHOOL PLAYFIELD ~uthorization to Fund Portion of Maintenance Costs for 1981-82) 10. CHAPTER 8 TAX SALE (NWP Railroad Right-of-Way, Reedland fuods Area) Rockey, Seconded by Bass AYES: Unanimous Moved: Vote: F. PUBLIC HEARINGS 2. ZELINKSKY MASTER PLAN (Expansion of Tiburon Lodge & New Morning Cafe) Director of Community Development Hanna reviewed the previous Council meeting comments regarding this matter. At that meeting Council approved first reading of the Master Plan ordinance allowing the remodel and expansion of the New Morning Cafe and Hot Fudge Factory and the expansion of the Tiburon Lodge. There were two alternatives presented for the Lodge expansion, and Council gave approval for the use of the existing Fire District location for the expansion. This is conditionrl upon an agreeable re- location of the Fire Department building. If after 90 days from the effective date of the ordinance it is determined the fire department relocation is impossible, then the second alternative using the rear of the existing Lodge would go into effect. Director Hanna stated one matter to be resolved is the dedication of the strip of property 125' west of Home Savings by the applicant to the Town. The applicant wishes to retain this property, and has recommended that he lease the property to the Town for a 10 year period with an option to extend the lease after 10 years. The Town would then be allowed to pave and stripe the property, at its expense, for public parking. In return for the use of this property the Town would reimbuse the applicant the yearly property taxes for this parcel. Council questioned what the annual property taxes are for this parcel. The applicant stated he was not sure but that he will determine the annual taxes. Council questioned how many parking spaces could be provided on this property if it was used for public parking. Director Hanna stated between 95 to 100 spaces could be provided. Council questioned what the provisions would be for renewing the lease after the first 10 years. Deputy Town Attorney Ragghianti stated that a lease agreement would have to be entered into in which the renewal provisions would be stated. He also advised the Council that this lease agreement is a major change in the conditions of the ordinance, which has already passed first reading. He noted that because of this major change the ordinance should go back to first reading. Councilman Edelstein requested that a condition of the lease agreement be that this lot not be used in the future to substantiate any new construction and the parking remain strickly for public use. He also requested that the use of this property not be restrictive, but rather worded to allow flexibility for uses the Town deems fit and proper. Councilman Edelstein requested Staff to review the previous study for this area to determine what uses were anticipated for this property. Deputy Attorney Ragghianti stated that since this Council will hold first reading of this ordinance as amended, and a new Council will be passing second reading, the new councilmembers must read all previous staff reports on this item before voting on this matter. TOWN COUNCIL MINUTES #583 AP RIL 7, 19 8 2 PAGE TWO MOTION: Moved: Vote: read by title only Rockey, Seconded by Bergsund AYES: Unanimous Mayor Hanson read "AN ORDINANCE OF THE TOWN COUNCIL OF 'lliE TOWN OF TIBURON APPROVING AMENDMENTS TO THE ZELINSKY MASTER PLAN". Moved: Vote: adopt first reading of the aforementioned ordinance, as amended Bass, Seconded by Rockey AYES: Edelstein, Bergsund, Rockey, Bass, Hanson NOES: None MOTION: 3. PARADISE DRIVE ANNEXATION NO. 2 Waradise Drive/Ranch Road Area, Resolution) Town Manager Kleinert reported this item comes on as a protest hearing for the proposed annexation of 56 parcels of land owned by 29 property owners on the Ranch Road area of Paradise Drive. LAFCO has considered and recommended approval of this annexation. Prior to the annexation proceedings, LAFCO staff had prepared a resident survey to deternrine the interest in annexing to the Town of Tiburon. This survey indicated that 40% favored annexation, 20% opposed and 40% were undecided. Manager Kleinert reported at the LAFCO public hearing there was some objection to the reorganization, and since that time considerable activity by several residents in the area opposing annexation has taken place. Manager Kleinert reported that in his opinion there is a con- siderable amount of misunderstanding by some residents as to the effects of annexation upon them. He noted it is not the Town's policy to pursue annexation, and in fact this annexation area will probably cost more to service than the revenues it will generate. Manager Kleinert referred to the petition opposing this annexation which was signed by the property owners of 50 of the parcels noting it is legally invalid as the signatures were not dated. He stated the Council could: 1) accept the petition as presented and terminate the annexation proceedings; 2) deem the petition invalid and continue the matter for two weeks to allow the petition to be recirculated and validated; or 3) authorize the annexation of the Kruse property only and delete the other properties. Mr. Warren Nelson, Executive Officer, Local Agency Formation Commission, stated Mr. Kruse applied four months ago to LAFCO with interest in annexing to Sanitary District No.2. In considering this request the LAFCO Commission looked at the area between the Frick annexation and the proposed Kruse annexation. In doing so LAFCO noted that this area has experienced some problems with septic tank failures and proposed to look at the annexation of the entire area. Mr. Nelson noted this would save everyone involved a great deal of time by annexing the entire area instead of annexing 29 different properties at various times. He also reviewed the waiver of certain fees that could be accomplished should the entire area be annexed. Mr. Nelson stated he regretted not being able to meet and discuss this annexation with the affected property ownersas he had offered to do. Mr. Nelson recommended the Council authorize annexation of the Kruse property and delete the other areas based upon public testimony. Mayor Hanson referred to a letter in the agenda packet from Mr. Merit in which he states the Town and LAFCO are"railroading"the property owners into annexation. He noted his strong exception to the word ~ailroading~ Council discussed the various recommended actions, noting that it is quite apparent that the majority of property owners do not wish to be annexed to the Town. TOWN COUNCIL MINUTES #583 APRIL 7, 1982 PAGE THREE mOTION: accept the K~use application for annexation; accept the petition opposing annexation and deny any further annexations of the area Moved: Bass, Seconded by Rockey Mayor Hanson opened the public hearing. Mrs. Merit who circulated the petition stated her objection to this annexation attempt, noting this is a piece meal annexation which is against State policy. Council questioned Mrs. Merit as to how long ago the signatures were obtained. Mrs. Merit inidcated within the past two weeks. Council questioned if the title of the ~tition addresses the point satisfactorily. Deputy Attorney Ragghianti stated under section 56295 of the Government Code he believed the petition adequately makes the point. Mr. Kolthoff, 4690 Ranch Road, stated he has objections to the find- ings of LAFCO and feels LAFCO should be more accrate with its information, and not give out misinformation. Mr. Bob Alfred stated he thinks joining Tiburon would have been in the best interest of this area and that he feels the Council's motion is appropriate. Mayor Hanson closed the public hearing. Vote: AYES: Unanimous 4. MASTER & PRECISE PLAN (10 Main Street) This matter has been withdrawn by the applicant. 5. TIBURON BOULEVARD IMPROVEMENTS - BEACH ROAD TO MAR WEST STREET Town Engineer Bala noted there is no difference between the approved Master Plan and the proposed precise plan for this section of the Tiburon Boulevard improvements. This plan has been reviewed by the Planning Commission and B.A.R.. Their recommendations were that the median planter be extended by the Bon Appetit, the drive- way to the Chevron Gas station and Boardwalk be widened from 30' to 36' and the bus stop be moved to the west side of Mar West Street. Engineer Bala noted this plan provides the same number of parking spaces as currently exists today. Council discussed the reloc~on of the bus stop noting it may be quite some time before the ditch is filled in to allow for the bus stop to be installed. Chief of Police Bailey expressed his objection to the relocation of the bus stop because of the line of sight problem for people turning from Mar West Street to downtown. Council questioned why there is a 3/4" raise in the median strip on this section of the improvements and not on the other section of the Boulevard improvements. Engineer Bala stated CAL/TRANS is requiring this to facilitate a future overlay of the pavement. This is also being required on the Beach Road to Main Street section. Mayor Hanson opened the public hearing. Mr. Ray Coombs, Chevron Station, stated this plan is a real asset to the community. He stated his one concern is the squareness of the entryway to the nursery, boardwalk and cleaners. He would like to see the corner rounded to allow vehicles to travel a little faster into the parking lot. He indicated he is not advocating a high speed entrance, but that people will have to almost come to a stop to make the entrance. Engineer Bala stated this corner is a standard driveway entrance. He stated vehicles should stop before entering the driveway as pedestrians will be crossing this intersection. TOWN COUNCIL MINUTES #583 APRIL 7, 1982 PAGE FOUR Mayor Hanson closed the public hearing. MOTION: adopt the resolution approving the Precise Plan for the Tiburon Boulevard Improvements from Beach Road to Mar West street Rockey, Seconded by Bass AYES: Unanimous Moved: Vote: G. BUSINESS 8. TIBURON WEST OFFICE BUILDING (Moana Corporation's Alternative Landscape Plan) Director of Community Development Hanna stated the original landscape plan for the Moana Office buildings used a portion of CalTrans right-of-way along Tiburon Boulevard. CalTrans will not allow encroachment on this property until the Southern Pacific improvements are constructed as they feel the ditch serves as storm water overflow. The applicant proposes to establish a $32,700 letter of credit with an inflation factor for landscaping this area as soon as it is available. This letter of credit will be established for a 10 year period. Mr. Ron Nunn noted the landscaping plan which was previously approved called for the planting of coast redwoods which are prohibited under the tree ordinance. Moana proposes to plant Leylan Cypress which are very slow growing instead of the redwoods. Council discussed the fact that the Tiburon Boulevard improvements calls for the placement of a bus stop on a portion of the CalTrans right-of-way in question. MOTION: approve the alternative landscaping plan subject to the time CalTrans is satisfied with the drainage the bus stop will be installed Bergsund, Seconded by Bass AYES: Unanimous Moved: Vote: Council requested Staff to prepare a condition for the Mayor's signature stating the above condition. 9. TIBURON PENINSULA ANNEXATION STUDY (Review and Comment) Town Manager Kleinert reviewed the 1982 Tiburon Peninsula Annexation study prepared by Town Staff. He noted the study focused upon three areas, West Tiburon, Paradise Drive and Strawberry. He noted annexation of these three areas would increase town streets by 29 miles, bring in 125 more businesses, and most importantly, the total estimated cost of services for these three areas is estimated at $874,000 annually and revenues estimated at $999,000 annually. Manager Kleinert stated in his opinion consolidation of these three areas would be the logical and appropriate long range solution for the peninsula. Manager Kleinert offered special recognition to Harry Nieubower who prepared a 10 year cost and revenue forecast projection for all of the three areas. Mr. Nieubower presented the Council with graphs depicting the various costs and revenues for fue three areas over a 10 year period. He reviewed the various factors used in preparing his projections. Council requested that under the section Special Districts Corte Madera Sanitary District No. 2 and Tiburon Sanitary District No. 5 be included. TOWN COUNCIL MINUTES #583 APRIL 7, 1982 PAGE FiVE Mr. Bob Alfred who use to reside in Strawberry indicated three areas in which Strawberry residents will be concerned with in regard to annexation, which are: 1) Police protection, 2) the Strawberry Recreation District and its facilities, and 3) making sure Strawberry does not become a duplex type of residential neighborhood. Council thanked Mr. Nieubower for his time in preparing his cost-revenue models. 12. MARSH RESTORATION - SOILS ENGINEERING (Oral Report by Town Manager) Town Manager Kleinert reported in speaking with Jim Paras of the TPC he indicates that the soils report should cover areas other than the tennis courts and should address the possible long term impacts from the marsh restoration program on these areas. Manager Kleinert stated he has spoken with Jim Miller, soils engineer, and Mr. Miller feels the findings obtained around the marsh and tennis courts would enable him to make general statements in regard to Judge Field. PURCHASE OF POLICE DEPARTMENT MOTORCYCLE After a discussion regarding the possible purchase of a police motorcycle for traffic enforcement, Council requested this matter be agendized for the next regular meeting to allow public input. J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Hanson adjourned the meeting at 10:55 PM, Wednesday April 7, 1982, to April 20, 1982, 8:00 PM for the purpose of certifying the April 13, 1982 municipal election results and seating of three new councilmernbers. W-~ KIRK HANSON, MAYOR Town of Tiburon R. L. KLEINERT, TOWN MANAGER/CLERK TOWN COUNCIL MINUTES #583 APRIL 7, 1982 PAGE SIX MINUTES TOWN COUNCIL CALL TO ORDER Vice Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 PM, Wednesday, March 17, 1982, in the Library of the Del Mar School. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Bass, Rockey EX-OFFICIO: Town Manager Kleinert, Town Attorney Conn, Director of Community Development Hanna, Town Engineer Bala, Chief of Police Bailey, Supt. of Public Works Brunini, Minute Clerk Stultz ABSENT: COUNCILMEMBER: Hanson B. COMMISSION AND COMMITTEE ORAL REPORTS 1. HARBOR CARRIERS FERRY FARE INCREASE Councilman Rockey reported Harbor Carriers is requesting an increase in commuterIDooks from $39.00 to $49.00 from the State Public Utilities Commission. The Public Services Committee has been working with the Ferry Committee regarding this matter. Councilman Rockey noted it is difficult to take issue with the fare increase request since Harbor Carrier's application indicates a loss of $425,000 yearly. He stated one problem is that Harbor Carriers is a private carrier, therefore unable to receive State and Federal subsidies. He requested the Council's endorsement for the Ferry Committee to file a protest on the grounds that last years Memorandum of Understanding with Harbor Carriers they agreed to implement a campaign to increase ridership and this obligation has not been fulfilled. MOTION: that the Town Council endorses the filing of a protest while continuing a dialogue with Harbor Carriers regarding the incr'ease Moved: Vote: Bass, Seconded by Bergsund AYES: Unanimous ABSENT: Hanson Councilman Bass reported on a meeting with Al Aramburu, Harge Marcis, County of Marin; Doug Dawson, Barbara Kautz, Jana Haehl, Corte Madera; and Tiburon representatives regarding Ring Mountain and Tiburon's appeal of the subdivision of parcel "A". Councilman Bass explained one of the Town's major concerns with the subdivision of 'Parcel "A" was that once it was sribdivided perhaps Corte Madera would no Jon::rer be concerned and involved with the rest of the Ring Mountain application process. At this meeting Corte Madera assured Tiburon that they would probably be more active once their sphere of influence ran along the ridge. Tiburon agreed to support Corte Madera's application to change their Sphere of Influence boundary. Corte Madera agreed to support Tiburon's request for a continuance of the appeal to the time the master plan is approved. Council expressed their concern that the Ring Mountain EIR took 11 months to prepare which leaves the concerned parties very little time to process the EIR and Master Plan. Planning Commission Chairman Gary Spratling indicated the County wants input from Tiburon on this application and that the County expects to act on the EIR and Master Plan on the same night. TONN COUNCIL MINUTES #582 MARCH 17, 1982 PAGE ONE Mr. William Kunhs, counsel for the applicant of Item 14, requested this matter be continued to the next regular Council meeting. D. PUBLIC QUESTIONS AND COMMENTS There were none. E. CONSENT CALENDAR Council requested items 6 and 7 be removed from the Consent Calendar for discussion. MOTION: approve the consent calendar as amended, consisting of: 2. POLICE REPORT (February 1982) 3. FINANCE REPORT (February 1982) 4. CLAIM FOR PERSONAL DAMAGES (M. Khosrowpanah, Denied) 5. TRAFFIC SAFETY COMMITTEE REPORT (March 1982) Moved: Vote: Bergsund, Seconded by Bass AYES: Unanimous ABSENT: Hanson F. PUBLIC HEARINGS 8. ZELINKSY t~TER PLAN AMENDMENT (Expansion of Tiburon Lodge and New Morning Cafe, Ordinance 1st Reading) Director of Community Development Hanna noted this is a request for an amendment of the Zelinksy downtown Master Plan. The amendment proposal consists of a 900 sq.ft. addition to the New Morning Cafe and two alternate plans for the expansion of the Tiburon Lodge. One location for the Lodge expansion utilizes the existing Fire Station and the other location uses the rear of the existing Tiburon Lodge. As part of the master plan amendment, the applicant is offering a parcel approximately 50,000 sq.ft. in size at the intersection of Mar West and Tiburon Boulevard. The Planning Commission recommends approval of the master plan amendment, using the Fire Station alternative for the Lodge expansion. The Planning Commission also recommends that the entire undeveloped property from Horne Savings to Mar West be dedicated to the Town. This approval is subject to several conditions, the main one being that within 90 days from approval the Town would investigate the possibility of relocating the Fire Department. If at the end of this 90 day period it appears impossible to relocate the Fire Department then the other alternative would be used, subject to the usual precise plan procedures. Ed Zelinsky stated in regard to the dedication of land to the Town, the Zelinskys would like to retain the property from Home Savings 125' westerly. He noted that this property can not be built upon, but perhaps it can be used for parking. Vice Mayor Rockey opened the public hearing. Being no reponse, Vice Mayor Rockey closed the public hearing. Councilman Edelstein stated he supports the Planning Commissions' recommendation that the entire area of land from Home Savings to Mar West should be dedicated to the Town. He also noted that if the existing fire station building were used for the Lodge expansion it would be necessary to raise the structure to the proper flood control elevation which would be an economic consideration for the applicant. MOTION: adopt the Negative Declaration of Environmental Impact for Zelinsky master plan amendment Moved: Bergsund, Seconded by Bass Vote: AYES: Unanimous ABSENT: Hanson MOTION: read by title only Moved: Bergsund, Seconded by Bass Vote: AYES: Unanimous ABS ENT: Hanson TOWN COUNCIL MINUTES #582 MARCH 17, 1982 P AGE TWO Vice Mayor Rockey read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AMENDMENTS TO 'lliE ZELINSKY MASTER PLAN" MOTION: Moved: Vote: approve first reading of the aforementioned Ordinance Bergsund, Seconded by Rockey AYES: Edelstein, Bergsund, Bass, Rockey ABSENT: Hanson 9. APPEAL OF B.A.R. DECISION (Tree Complaint, 101 Howard Drive) Director of Community Development Hanna noted this is an appeal of a B.A.R. decision regarding a tree complaint at 101 Howard Drive. The complaint states that the trees were allowed to grow and impair the view from 10 Rowley Drive. The B.A.R. determined there was not an unreasonable view obstruction and denied the tree complaint. The complaintants, Mr. and Mrs. O'Connor, have now appealed to the Town Council. Director Hanna noted that since the B.A.R. meeting the the property owners of 101 Howard Drive, Mr. and Mrs. Bergmann, have trimmed three of the trees, but there is still a willow tree that is of concern to the complaintants. Councilman Bass stated that he had heard that at the BAR meeting a compromise proposal was suggested, but not acceptable. Boardmember Coxhead stated at the Board meeting there were no compromise proposals discussed, but that the complaintant did present a letter that stated what would be a satisfactory compromise to him. Mr. Coxhead stated that the Board must consider tree complaints under the guidelines of the tree ordinance, and section 15-22 states three findings that must be made and the Board found all three negative. He also stated Section 12 (c) of the ordinance was acted upon, dealing with the trees forming a hedge, and the Board felt at this time the trees were not forming a hedge. vice Mayor Rockey opened the public hearing. Mr. O'Connor, complaintant, 10 Rowley Drive, stated that last Friday the Bergmann's altered the myoporums and questioned whether or not the tree owner intends to maintain the trees as altered. Vice Mayor Rockey questioned the complaintant if he was satisfied with the myoporums being reduced and what he would like see done to the willow tree. Mr. O'Connor stated he would request that the Council require the tree owner to top the willow by 5' and narrow it by 5' on the northwest side which would allow them to enjoy a view of the Headlands and the Golden Gate Bridge. Mr. O'Connor stated the juniper also needs to be reduced for a view of the Bay, Sausalito, etc. which will be effected by reducing the neighbors trees on Hilary Drive. He indicated the neighbors on Hilary have agreed to trim their trees. Mr. O'Connor then presented the Council with view photo- graphs before and after the Bergmann's vegetation had grown to itspresent state. Mr. O'Connor stated there is a 4th myoporum that in the future will be growing up and need alteration. Director Hanna stated there is a section in the tree ordinance, later determined to be section 15-26, which states that the tree owner shall have the sole reponsibility of maintaining the trees at such height as may be decided upon by the Board, within reasonable limits. Council questioned the Bergmann's as to their feelings of what is being requested of them by Mr. O'Connor. Valerie Bergmann stated she has no problem wLth what is being requested but that these trees are in their main growing period and should not be trimmed during this time. She stated the juniper tree cannot be trimmed too much without dying, and she never considered the juniper as be~ng in the O'Connors view cooridor. Councilman Bergsund stated that perhaps a gardner should be consulted with as to the trimming of the juniper tree. TOWN COUNCIL MINUTES #582 MARCH 17, 1982 P AGE 'ill REE Councilman Bergsund stated it appears that matters are under control, that wi thin perhaps 60 days the willow tree will be trimmed and the Bergmann's are obligated under the tree ordinance to keep the myoporurn controlled. MOTION: Moved: deny the appeal Berg s und This motion died for the lack of a second. Mrs. Bergmann requested that since this is a compromise situation she requested that the outdoor lights located under the eave of the first floor of the O'Connors home be shielded or eliminated as they are quite offensive from her living room. Mr. O'Connor stated he would be willing to remove or shield his outdoor lights. MOTION: Moved: Vote: uphold the appeal on the conditions that the juniper be cut and shaped in the order of 6', the lights of the O'Connors be reduced, shielded or eliminated to reduce annoyance to the Bergmanns, and the willow tree be trimmed 5'-6' subject to staff review of slight modification to that intent, and that this work be done after the growing period of all the trees has subsided. Edelstein, Seconded by Bergsund AYES: Unanimous AID ENT : Hanson Mr. O'Connor questioned the maintenance of the fourth myoporum which is not part of this appeal. Council stated in the spirit of this matter the 4th myoporum should be maintained in the same fashion as the others. 10. MASTER & PRECISE PLAN AMENDMENT (10 Main Street) This matter was continued. G. BUS INESS 11. COUNTYWIDE CATV MASTER AGREEMENT (Review Agreement Between County and ViaCom) Town Manager Kleinert reported at the last Mayors and Council- members meeting the agreement between the County of Marin and CATV was discussed and cities asked to give their support for a Countywide CATV master agreement,and to include any suggested revisions it would like to have in a master agreement. Dave Hanson who use to work for ViaCom, in a letter, stated there are quite a few good merits for such a master agreement and drew up some additional conditions which can be included in the agreement. Council questioned what the negatives would be for entering into a master agreement. Town Manager Kleinert stated one may be that rates would increase slightly. MOTION: Moved: Vote: to support the County's master agreement in concept, subject to further review and evaluation of impacts on service, maintenance and rate structure Bass, Seconded by Bergsund AYES: Unanimous ABS ENT: Hanson 13. TIBURON WATERSHED MARSH STUDY (Request for Town Financial Assistance, Resolution) Director of Community Development Hanna reviewed the grant proposal for funds totaling $6,000 from the State Coastal Conservancy for the preparation of a watershed study for the Tiburon Marsh. This matter is agendized to determine if the Council is willing to contribute $500 a year for six years to share the payback of the grant with the Tiburon Marsh Committee. MARCH 17, 1982 PAGE FOUR TOWN COUNCIL MINUTES #582 Mr. Bill Davoren reviewed the purpose for such a watershed study. Moved: Vote: to adopt the resolution of approval for application to the State Coastal Conservancy for grant monies for a watershed study and direct Staff to prepare a full proposal Edelstein, Seconded by Bass KY ES : Unanimous AlE ENT: Hanson MOTION: 12. LA CRESTA ASSESSMENT DISTRICT (Approval of. Formation of Assessment District to Finance Public Improvements, Resolutions) Mr. Ed Ness, Bond Counsel, stated this is an assessment district for 18 lots of the La Cresta subdivision. Mr. Ness stated the 1915 bond series are being recommended for this 'district as the 1911 series would not be workable. The district is looking at an assessment of approximately $100,000 per lot or a total assessment district of $1.8 million. Mr. Ness stated tlat included in the assessment district is a 10% project costs reserve fund which will be allowed to buil~through interes~. and will reach approximately 15% of the project assessment. He noted this reserve fund will cover approximately 1 year delinquency for the project. Mr. Ness reported his office will handle collection of any delinquencies and if unable to collect his office will proceed to file foreclosure action upon the property owner. He stated collection of the assessment delinquencies has priority over any private obligation of the property owner, and is only second to property taxes. Town Manager Kleinert stated the property owner has IDndicated he would like to finance the construction of retaining walls along the private driveways under this assessment district. Manager Kleinert stated that any improvements constructed under assessment must be dedicated to the Town. He indicated the Council should determine if the Town should accept retaining walls along a private drive for maintenance. Mr. Ness stated that a condition of the CC&R's for the project could be that the homeowners association enter into an agreement with the Town to maintain the walls and hold the Town harmless against any liability. Town Attonrey Conn stated he would prefer not to see the retaining walls included in the assessment district due to potential liability, but stated this is a matter of Council policy. Conn recommended an alternative of not requiring the applicant to pay the in lieu housing fees upfront, but rather pay them after completion of the development. Town Engineer Bala stated as far as explosure, these walls would not present any more liability than any walls the Town presently owns. He stated these walls will be strong enough to withstand an earthquake greater than the magnitude of the 1906 quake. Mr. Torn Newton stated these walls could perhaps be deeded back to the homeowners association, perhaps after the retirement of the bonds. He stated he has investigated earthquake/mud slide insurance which could be purchase by the homeowners association for the retaining walls. Council questioned what protection the Town has if the bonds were sold, the off site improvements installed, and then the lots did not sell. Mr. Ness stated the ratio of the appraised value of the lots to the assessment is 4:1. He stated the Town would own the lots and could sell them off to pay back the bonds. Council questioned if any private improvements will be constructed with this assessment money. The applicant's engineer stated private improvements can not be constructed with this money. TOWN COUNCIL MINUTES #582 MARCH 1 7, 19 82 PAGE FIVE Council questioned how many retaining walls would be included in this assessment district. Mr. Newton stated there is less than 800 lineal feet of walls along the 4 private driveways that vary in height up to a maximum of 14'. Mr. Ness stated all that is being asked tonight is that the Council give its conceptual approval of the assessment district, subject to the various safeguards discussed this evening. He noted the Council can change its mind regarding the formation of the assessment district or inclusion of the retaining walls when the public hearings are held for the assessment district. MOTION: approve the following resolutions regarding the La Cresta Assessment District Moved: Vote: 1. Accepting the La Cresta Assessment District Petition (No. 2005) 2. Approving the La Cresta Assessment District Boundary Map (2006) 3. Approving the Agreement for Engineering Services (2007) 4. Approving the Agreement for Legal Service (2008) 5. Intention to order Improvement in La Cresta Assessment District (2009) Bass, Seconded by Bergsund AYES: Unanimous ABSENT: Hanson 15. TIBURON PENn-s ULA ANNEXATION STUDY Council received the Tiburon Peninsula Annexation Study and agendized the matter for discussion at the next regular meeting. 16. ABAG HOUSING PROJECTION Moved: Vote: approve the resolution regarding the revision of housing needs determination (201.0) Edelstein, Seconded by Bass AYES: Unanimous ABSENT: Hanson MOTION: I. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS 17. Report From R.C. Harlan & Associates (Soils Engineering for Tiburon Marsh Restoration) Town Manager Kleinert reported that in regard to the soils engineering proposal, Jim Paras of the TPC feels the scope of services is too narrow and that there is too much emphasis placed on the tennis courts. He would like to see the scope expanded to include the impacts of the marsh restoration on surrounding TPC property, i.e. Judge Field. Mr. Bill Davoren spoke to this matter, expressing his dismay that the Town is paying for this soils report. Council requested Staff to contact Southern Pacific as to their development plans. Council stated it is important to determine if SP intends to go ahead with their development, as the marsh restoration is contingent upon their proceeding. Council stated that, if the TPC would like to expand the scope of services any additional costs should be borne by the TPC. This matter was continued to the next regular meeting for further discussion. 18. Letter to Mayor Hanson from PG&E, dated 3/4/84 ~ydroelectric proj ects) MOTION: Direct the Town Manager to prepare a letter of support for PG&E retaining the Rock Creek-Cresta and Mokelumrne hydroelectrict power plants Moved: Vote: Edelstein, Seconded by Bass AYES: Edelstein, Bass, Rockey NOES: Bergsund AB3ENT: Hanson TOWN COUNCIL MINUTES #582 MARCH 17, 1982 PAGE SIX 6. GREENWOOD BEACH ROAD TRAFFIC SIGNALS (Approval of Draft Cooperative Agreement) Councilman Edelstein stated his concern over a condition in the agreement which states the Town will deposit with CAL/TRANS the amount of $129,000 25 days after advertising for bids. He questioned Staff if this is an unreasonable period of time to deposit the money. Town Engineer Bala stated it depends on when they intend to award the contract. CAL/TRANS should have the money prior to the award of contract. Town Manager Kleinert noted CAL/TRANS will be opening bids for the Tiburon Boulevard widening Project on April 28th. 7. HERITAGE COMMISSION RESTRICTED FUND (Authorization to Balance Accoun t) Councilman Bergsund stated she just wanted to make sure of what is being recommended in this staff report. Her interpretation is, as of July 1, 1981# the Heritage Commission will have a $0 balance, due to the Town allocating Revenue Sharing Funds to make up the deficit. All monies received through their latest campaign would not be used for this deficit. Town Manager Kleinert reported that her interpretation is correct. Councilman Bergsund requested that the Heritage Commission consider renaming that portion of Beach Road east of Tiburon Bouelvard to Esperanza. She also requested that they consider doing an oral history project on Tiburon. J . ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Vice Mayor Rockey adjourned the meeting at 11:40 PM, Wednesday, March 17, 1982, sine die. ~,s~ DE IS ROCKEY, ORPRO-TEMPO~- Town of Tiburon ATTEST: 1f{lLy R. L. KLEINERT, TOWN MANAGER/CLERK TOWN COUNCIL MINUTES #582 MARCH 17, 1982 PAGE SEVEN MINUTES TOWN COUNCIL CALL TO ORDER Mayor Hanson called the regular meeting of the Town Council of the Town of Tiburon to order at 7:30 PM, Wednesday, March 3, 1982, in the Library of the Del Mar School, Tiburon, CA. CLOSED SESSION Mayor Hanson adjourned the regular meeting to a Closed Session for the purpose of discussing current and pending litigation. REGULAR MEETING Mayor Hanson reconvened the Council for their regular business session at 8:17 PM. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Bass, Hanson EX-OFFICIO: Town Manager Kleinert, Town Attorney Conn, Chief of Police Bailey, Town Engineer Bala, Supt. of Public Works Brunini, Minute Clerk Stultz ABSENT: COUNCILMEMBER: Rockey B. APPROVAL OF MINUTES #581, February 17, 1982 Page 4, 2nd Line, change regrading to regarding MOTION: Moved: approve minutes #581 of February 17, 1982, as amended Bass, Seconded by Edelstein C. COMMISSION AND COMMITTEE ORAL REPORTS 1. RING MOUNTAIN REPORT Planning Commission Chairman, Gary Spratling, reported that the subcommittee composed of Councilmembers Rockey and Hanson, Planning Commissioners Davoren and Spratling have held three meetings with the affected Homeowner Association presidents in regard to the Ring Mountain EIR. At one meeting there was a vidio presentation of the Ring Mountain property before the January 4th storm, right after the storm and a week after the storm. These slides showned significant slides on the property. The applicant has ordered an additional soils report to be performed by Harding Lawson. Mr. Spratling stated the subcommittees' recommendation is that no action be taken, or any hearings be held, on the EIR until after the additional soils report has been received and reviewed. If the soils report indicates there are slide problems or potential slides problems in areas not identified in the EIR an amendment or new EIR should be required. Mr. Spratling reviewed No. 9 of the Staff Report, noting this is a controversial item. It relates to the applicant providing future liability assurances against soils stability problems. The subcommittee recommends that an interest bearing escrow account be established by the applicant to guarantee repair to actual or potential soils stability problems that would affect or threaten any improvements constructed on the site or existing on contiguous property. The first hearing on the Ring Mountain EIR will be held March 11, 1982 TOWN COUNCIL MINUTES #582 MARCH 3, 1982 PAGE ONE D. PUBLIC QUESTIONS AND COMMENTS There were none. E. CONSENT CALENDAR Council moved Item No. 8 to the Consent Calendar. MOTION: approve the Consent Calendar consisting of: 2. CLAIM FOR PERSONAL DAMAGES (Swartz & Pelt, Recommend Denial 3. PURCHASE OF DUMP TRUCK CHASSIS (Authorization to Purchase Budgeted Item) 4. SOILS REPORT - MARSH RESTORATION (Amend Soils Report Completion Date as Specified in Resolution No. 1183) 5. SB 1336 JOINT AND SEVERAL LIABILITY OF GOVERNMENTAL ENTITIES (Recommend Support) 8. PARADISE DRIVE & RANCH ROAD AREA ANNEXATION, Set Public Hearing for April 7, 1982, Resolution No. 2004) Moved: Vote: Bass, Seconded by Bergsund AYES: Unanimous ABSENT: Rockey G. PUBLIC HEARINGS 6. HOUSING ELEMENT OF GENERAL PLAN (Adoption of Revised Housing Element) Town Manager Kleinert reported that the Director of Community Development recommends the adoption of the State mandated housing element revision to the General Plan. He noted there has been some confusion over the State's and ABAG's fair share allocation of low/moderate income housing figures, and should any modification be required to the present Housing Element, they can be reviewed again by the Planning Commission and Town Council. Mayor Hanson opened the public hearing. Consultant Martha McCart stated the State's fair share allotment of afforadable housing for Tiburon was 750 units by complete buildout. The study of available properties indicates that Town may be able to provide at the most 100 moderate/low income units by buildout. The Town is still awaiting comments from the State on the Housing Element. Ms. McCart stated that ABAG's set of figures fo~ fair share housing indicates the Town should provide 100 units by 1985. She noted the Town is presently negotiating with ABAG on these figures. Council stated their position that the Town should not comply with any State mandated projectes un~ess the Town receives State funding for such projects. Mayor Hanson closed the public hearing. Moved: Vote: adopt the resolution approving revisions to the Housing Element, a part of the General Plan, No. 2003) Bergsund, Seconded by Bass AYES: Edelstein, Bergsund, Bass, Hanson ABSENT: Rockey MOTION: 7. MASTER & PRECISE PLAN AMENDMENT (10 Main Street, Art Gallery) Town Manager Kleinert reported this is an application for a master and precise plan amendment for a change of use at 10 Main Street. The Planning Commission has approved a remodel and change in use from a Real Estate office to a retail Art Gallery. Mayor Hanson reported that he has learned that Scott McCall Realty, lease holder of 10 Main Street has torn up their least with the property owner John Musso. Mayor Hanson stated the applicant should get together with the property owner and work out a lease agreement. TOWN COUNCIL MINUTES #581 MARCH 3, 1982 PAGE TWO The Town Council questioned the Town Attorney if the applicant can be a tenant of the building without the property owners authorization. Town Attorney Conn stated the owner should sign the master plan application. Mayor Hanson opened the public hearing. Applicant, Sonny Blacnick, was present in the audience. Mayor Hanson closed the public hearing. Council requested this matter be continued to allow the applicant to meet with the property owner and gain his consent for this use. H. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS 9. HARBOR CARRIERS INC. (Application for Ferry Rate Increase) Town Manager Kleinert reported the Ferry Committee has been meeting in regard to this most recent rate increase. The Committee plans on submitting a report and recommendation to the PUC on this matter. Council requested staff to obtain a rate schedule for the Larkspur and Sausalito ferry runs. 10. GREENWOOD BEACH ROAD CLOSURE UPDATE Town Engineer Bala reported he has submitted a letter and plans to CAL/TRANS for the use of a portion of their property for the cul-de-sac to be installed at the east end of Greenwood Beach Road. He stated he feels CAL/TRANS will grant permission to use their property. 11. SASM LETTER TO TOWN ENGINEER, dt'd 2/23/82 Town Manager Kleinert reported there has been no resolution to the parking lot at the end of Lyford Drive. SASM's opinion remains that they are not required, under the agreement, to provide the left hand storage lane as required by CAL/TRANS. After discussion, Council requested that the Town Engineer work with CAL/TRANS and present them with a plan for the parking lot which has an entrance directly at the bottom of Lyford Drive. Larry Smith stated the Parks and Recreation Commission has discussed the possibility of a SASM storage area in Blackie's Pasture in exchange for some grading and gravelling. Council stated if there is no possible way to get the Lyford Drive parking lot, then the Town should pursue the P&R Commissions recommendation. Town Manager Kleinert reported the Town has been advised by the State Health Department that they have a problem with the Town extending the reclaimed water line to South of the Knoll. The only other alternative would be to use MMWD water which would include an extremely large water meter charge. Supt. of Public Wbrks Brunini stated there is a meeting scheduled for Monday with the State Health representatives to try to resolve this matter. Town Engineer Bala stated he has placed a stop work order on the contractor until this matter is resolved. Mayor Hanson reported on a film he viewed at a Marin County Transit District meeting which he felt should be seen by the Town's Department Heads. The film related to street maintenance. I. ADJOURNMENT ----- Being no further business of the Town Council of the Town of Tiburon, Mayor Hanson adjourned the meeting in memory of Leslie Gross, Tiburon's First Administrator of Lands and Development who passed away on February 14, 1982. The meeting was adjourned at 9:20, Wednesday, March 3, 1982, sine die. TOWN COUNCIL MINUTES #581 MARCH 3, 1982 PAGE TH REE ,I Y J !;' ~~ KIRK HANSON, MAYOR Town of Tiburon ATTEST: ~asr-: -~ -- R. L. KLEINERT, TOWN MANAGER/CLERK TOWN COUNCIL MINUTES #581 MARCH 3, 1982 PAGE FOUR MINUTES OF THE TOWN COUNCIL CALL TO ORDER Mayor Hanson called the regular meeting of the Town Council of the Town of Tiburon to order at 7:30 PM, Wednesday, February 17, 1982, in the Library of Del Mar School. CLOSED SESSION Mayor Hanson adjourned the regular meeting to a Closed Session for the purpose of discussing current and pending litigation. REGULAR SESSION Mayor Hanson reconvened the Council for the regular business session at 8:10 PM. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass, Hanson EX OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Chief of Police Bailey, Town Engineer Bala, Supt. of Public Works Brunini, Deputy Town Attorney Ragghianti, Minute Clerk Stultz B. APPROVAL OF MINUTES #579, January 20, 1982 change it to is change lot to-rost change to "priority repair area.." 4th paragraph, 1st line, delete Chairmen and replace with representative Page 2, last paragraph change owner to owner/occupant Page 1, Item C, 2nd paragraph, 6th line, 3rd paragraph, 2nd line, 3rd line, MOTION: Moved: Vote: approve minutes #579 as amended Bergsund, Seconded by Rockey AYES: Unanimous ABSTAIN: Edelstein #580, February 3, 1982 Page 2, 4th paragraph "Council stated their intention to require..." delete downtown and insert "downpayment" Page 3, 3rd paragraph, 3rd line change they to the MOTION: apporve minutes #580 as amended Moved: Bass, Seconded by Rockey Vote: AYES: Unanimous C. COMMISSION AND COMMITTEE ORAL REPORTS Councilmember Bergsund reported the ABAG budget has been prepared and that Tiburon's annual dues will increase by $10 this year. She also reported on the Marin Arts Council and Ecumenical Housing meetings she had attended. Councilman Rockey reported on the League of California Cities Redwood Empire Division meeting he attended in Vallejo. He also reported the Belvedere/Tiburon Joint Recreation Committee has adopted a budget and that the Department is doing quite well. Mayor Hanson announced that Chuck Koehler has requested a three (3) month leave of absence from the Parks and Recreation Commission and that Robert Verhey has submitted his resignation. Council recommended the matter of Mr. Koehler's leave be referred to the P&R Commission for their recommendation. TOWN COUNCIL MINUTES #581 FEBRUARY 17, 1982 PAGE ONE D. PUBLIC QUESTIONS AND COMMENTS Mayor Hanson announced that Marian Stine, a very active and dedicated rrernber of the cornmmity passed away last night. The Council noted a few of the many achievements of Mrs. Stine while serving the Tiburon community. Mrs. Stine was a member of the Tiburon Heritage Commission and Landmarks Society. She was responsible for setting up the walking tour of Tiburon, instrumental in the funding for the repairs to the Stone Tower, involved in the street/parking naming policy, performed an indepth study of the boathouse as a larkmark and was responsible for the transcription of Henry Clouette's walk through the Southern Pacific Railroad property. Mayor Hanson requested that this meeting be adjourned in the memory of Marian Stine. Mayor Hanson directed Staff to prepare a letter to Henry Lyser congratulating him upon his 30th year of business in the Bay Area and upon his 60th Birthday. E. CONSENT CALENDAR Council requested Items 4 and 6 be moved to the Consent Calendar. MOTION: approve the Consent Calendar consisting of: 1. POLICE REPORT (January 1982) 2. FINANCE REPORT (January 1982) 4. HOUSING ELEMENT (Set Public Hearing Date for March 3rd) 6. GREENWOOD BEACH ROAD (Institute Six (6) month Trial Closure, Resolution No. 2001) Moved: Vote: Rockey, Seconded by Bass AYES: Unanimous F. BUSINESS 39 MAIN STREET (Establish In-Lieu Parking Fee) Director of Community Development Hanna reveiwed the results of the meeting between the applicant, staff and Councilmembers Edelstein and Bass in regard to the in-lieu parking fees. Director Hanna presented the Council with a resolution establishing the in-lieu parking fees for 39 Main Street. Councilman Edelstein and Bass stated they feel this fee schedule will work for future compliances to the Town's parking ordinance. MOTION: adopt the Resolution establishing the in-lieu parking fees for 39 Main Street (Resolution No. 2002) Moved: Vote: Bergsund, Seconded by Rockey AYES: Unanimous MUNICIPAL ELECTION DATE CHANGE Town Manager Kleinert reviewed the draft ordinance which would change Tiburon's municipal election date to that of the School and Fire District elections held in November of odd numbered years. Councilman Edelstein stated he will vote against this ordinance because in his opinion the involvement of citizens in the municipal election would be diluted because of the various other local election candidates and issues. Councilmember Bergsund expressed her support of the ordinance stating consolidating the elections could provide better communications and a broader understanding of local agency issues. Councilman Rockey supported Bergsund's comments. Councilman Bass and Mayor Hanson supported Councilman Edelstein's comments. TOWN COUNCIL MINUTES #581 FEBRUARY 17, 1982 PAGE TWO PARKS AND RECREATION COMMITTEE (Adjustment of Special Event Fee Schedule) Director of Community Development Hanna reviewed the P&R Commissions recommendation to increase special event fees to $350 for non- resident groups, and to use a sliding scale for community activities. Council indicated their support for this fee schedule. Town Manager Kleinert referred the Council to the second item on the staff report relating to the Velodrome Association's request to upgrade the motocross course in Blackie's Pasture. After discussion on this item Council requested the Town Engineer to meet with representatives of the Velodrome Association to determine exactly what they would like to do to the course. Council stated if it is only a matter of bringing in dirt and embanking the turns on the course they should be allowed to do so. If it is a matter of cutting and filling the area, they will have go before the Design Review Board. Council also requested that Staff advise the velodrome Association of SASM's pipeline which will be going through this area. G. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS LETTER FROM REX FINK TO TOWN COUNCIL Council discussed the recent proposal to convert Reed School into a Community Center and reopening Reedland Woods School for school use. Council discussed the fact that the School District has made is quite clear the only property for sale is the Reedland Woods School. Council stated there is a tremendous amount of community interest in this proposal, and that in time perhaps the School Board will realize Reed School is more adaptable for different uses and therefore easier to dispose of. LETTER FROM RICHARD COOMBS TO TOWN OF TIBURON (Ring Mountain) Town Manager Kleinert reported this is an information item to advise Council that the Ring Mountain developers have exercised their AB 884 90 day extension option. Council discussed the subdivision of Parcel "A" of the Ring Mountain property. Director Hanna noted the County was to:take positive action on this subdivision this date. Council expressed their strong opposition to this action and requested Staff to file the appropriate appeal application to the County. Council requested the Town Attorney to prepare any materials the Town may need for the appeal hearing. Council directed the Mayor to prepare a letter to Supervisor Aramburu stating the Town's displeasure with this action. REVIEW OF GOVERNOR'S BUDGET FOR FY 1982-83 Town Manager Kleinert stated this item is on the agenda to advise Council that Tiburon stands to lose approximately $35,000 in State subventions next fiscal year. Manager Kleinert noted it is becoming more difficult for local governments to do long range fiscal planning by not knowing what monies they will receive year to year from the State. MEMORANDUM FROM LAFCO CHAIRMAN TO COUNTY COUNSEL (Urban Service Area Policy) In regard to this item, Council requested Staff to obtain a copy of the letter from County Counsel Malone to LAFCO Chairman Boucke. Mayor Hanson suggested a workshop meeting of the Town Council to discuss Mr. Zelinsky's current master plan and his desires to provide a community center or Town meeting facility on a portion of his property. After a lengthy discussion Council directed the Lands and 'Development Committee (Edelstein & Bass) to review the plans and that Mayor Hanson continue discussions with Mr. Zelinsky. ~. TOWN COUNCIL MINUTES #581 FEBRUARY 17, 1982 PAGE THREE Mayor Hanson reported the Agreement between the Town and Town Manager ~~ the purchase of a Town owned lot on Reed Ranch Ro~~~~~~l~erminate on March 1, 1982, if not extended in writing by both parties. He advised that after reviewing the matter with the Town Manager, they agreed it would be appropriate to amend certain time limitations setforth in paragraphs 1, 4 and 6 of the Agreement. MOTION: to change the date from March 1, 1982 to March 1, 1983 in paragraph 1 and 6 of the Agreement, and that Mayor Hanson be authorized to execute an amendment to the Agreement revising subsections (1) and (3) of paragraph 4 for the purpose of extending the time limits for a reasonable period of time. Bass, Seconded by Rockey AYES: Unanimous Moved: Vote: H . ADJOURNMENT There being no further business of the Town Council of the Town of Tiburon Mayor Hanson adjourned the meeting in memory of Marian Stine at 10:50 PM, Wednesday, February 17, 1982, sine die. M-~ KIRK HANSON, MAYOR Town of Tiburon TOWN COUNCIL MINUTES #581 FEBRUARY 17, 1982 PAGE FOUR MINUTES TOWN COUNCIL CORRECTED CALL TO ORDER Mayor Hanson called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 PM, Wednesday, February 3, 1982, in the Library of the Del Mar School, Tiburon, CA. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass, Hanson EX-OFFICIO: Acting Town Manager Nadritch, Town Engineer Bala, Deputy Town Attorney Ragghianti, Supt. of Public Works Brunini, Director of Community Development Hanna, Minute Clerk Stultz COMMISSION AND COt4MITTEE ORAL REPORTS a. BELVEDERE/TIBURON JOINT RECREATION COMMITTEE (Day Care Center- Status Report) Joint Recreation Committee Chairman, Larry Smith, reported on the Day Care Center's ups and downs. The Center has now worked out an outdoor play schedule that is satisfactory to the residents around the Center, located in the Belvedere School. He noted this play schedule has taken a toll on the Center as there has been a complete turnover in personnel, members of the Day Care Board and users of the facility. He stated the Joint Recreation Committee is committed to keep this community service running and has offered the center $1,000 for financial support through the year. He reported the Center has a committment to the neighbors of the Center to try to find a summer campus. The Committee is trying to work out an arrangement with the Reed Union School District to use Reed School during the summer. The Committee has also launched a search for a new permanent home for the Day Care Center. Council questioned if the Center has looked into the use of the San Clemente school as it will closing this year. Mr. Smith stated the Committee would like the Center to stay on the Tiburon peninsula and they are now looking at all schools available on the Tiburon peninsula. D. PUBLIC QUESTIONS AND COMMENTS Mrs. Helen Benedict stated a long term solution to the Day Care Center's problems would be Beverly Meyer's proposal in last week's issue of the ARK. This proposal calls for the School District, Tiburon and Belvedere to work together to convert Reed School into a community center, housing Town Hall, Fire Dept., Police Dept., Library, Day Care Center, etc. The Belvedere School and present Town Hall would be converted into low-moderate income housing and the Reedland Woods school would be reopened for the school children. Mrs. Benedict requested the Council to give strong consideration to this proposal, recognizing the major factor is the School District. Council stated their support for this proposal and requested the Town's committee whichiswor~with the School District Committee on the disposition of the Reedland Woods School discuss this proposal. Council stated if such a proposal could be worked out it should be a permanent arrangement. E. CONSENT CALENDAR Councilman Rockey requested that Item #1 be removed for discussion. Council moved Item #5 to the Consent Calendar and appointed Councilman Rockey the Marin County Disaster Committee. MOTION: approve the consent calendar consisting of: 5. MARIN COUNTY DISASTER PROGRAM (Appointwent of Councilman Rockey and Town Manager Kleinert to Disaster Committee) Bass, Seconded by Bergsund AYES: Unanimous Moved: Vote: TOWN COUNCIL MINUTES #580 FEBRUARY 3, 1982 PAGE ONE Council moved to Item #3, as not all residents concerned with Item #2 were present. 3. 39 MAIN STREET (Establish In-Lieu Parking Fee) Director of Community Development Hanna reported at the last regular Council meeting the Master and Precise Plan amendment for 39 Main Street were adopted. Council left the issue of in-lieu parking fees to be resolved by separate resolution. Director Hanna stated Council was concerned that the fee of $2,500 per space, $50,000 for the required 20 spaces, was spread out over 10 years and did not include an inflation factor. Staff has now met with the applicant and he now proposes to still make quarterly payments of $1,250 and every May that amount would be increased in conjunction with the Consumer Price Index. Councilman Edelstein questioned if there has been any consideration of initial funding. Director Hanna stated the applicant's concern with initial funding is that if the business ceases the benefit of the in-lieu parking fee would accrue to the building owner. Councilman Edelstein suggested that perhaps the Town should allow the owner to commence operation of the restaurant with the same number of seating that was allowable for the previous use and every time one parking space is paid for he can increase his seating according to the Town's parking ordinance. their intention Council state~to require parking is proper, but to have an applicant pay for it over a 10 year per iod without a subs::antial ~ is un- reasonable. downpayment Councilman Bass stated it could be worked out that a certain amount be paid upfront and the Town would refund any money on a declining scale if the use was terminated. Councilman Bass gave an example that the applicant pay $20,000 upfront. If at any stage along the way the use terminated the Town would refund the amount not consumed based on quarterly payments. At the end of four (4) years the Town would keep the $20,000 and the applicant would be required to make the remaining $30,000 in quarterly payments. Mr. Pomeranz stated his opposition to Councilman Bass' proposal as he feels the Town should then provide the parking immediately with his $20,000 based on $2,500 per space. Council directed Councilmen Bass and Edelstein to meet with Town Staff and the applicant to resolve the in-lieu parking fee matter. F. PUBLIC HEARINGS 2. GREENWOOD BEACH ROAD (Consider Policy Regarding Closing or Cul-de-sacing of Road) Acting Town Manager Nadritch reported this matter is agendized for Council's consideration of Town policy regarding the closing of Greenwood Beach Road. He noted the Tiburon Fire District, Traffic Safety Committee and Police Department are opposed to the closure. The Audubon Society and Tiburon Baptist Church neither oppose or support the possible closure. Mayor Hanson opened the public hearing. Resident Phil Richardson stated he has contacted Jim Robertson of the County Public Works Department and they will not oppose the closing of the road. He stated the homeowners along Greenwood Beach Road are interested in closing the road because of the volume of traffic, speed at which the road is travelled and safety of those using Greenwood Beach Road as bicycle access. Mr. Forrest Morphew stated Greenwood Beach Road has been designated as a national bike path. He noted there is no reason the road could not be closed as it is not used for through access. He noted the Reed Union School District several years ago asked if they could declare the road as a path for children going to school. He stated the safety of those children using the road is at stake everyday. Mr. Morphew stated the Tiburon Baptist Church no longer opposes the cul-de-sacing of Greenwood Beach Road. TOWN COUNCIL MINUTES #580 FEBRUARY 3, 1982 PAGE TWO Town Engineer Bala stated he is not opposed to the closing of the road as it is not used as a through traffic street. He stated he would be opposed to closing the road at the west end and feels the the road should be closed at the State lot where their field office was located. Engineer Bala recommends this location as it would provide easy access for emergency vehicles. Supt. of Public works Brunini expressed his opposition to the closing stating before a decision is made a traffic count should be performed indicating exactly how many vehicles really traverse the road both ways. Town Engineer Bala stated the closing of Greenwood Beach Road would not have an impact on the Trestle Glen signalization. Engineer Bala explained the type of closure he would like to install which would be a visible barrier. This barrier would be marked so that emergency vehicles would know where to pass through, but noted there will be occasional cars that would violate the closure. Jim Malott stated if the road was closed there would be approximately 3/4 acres that would become part of Blackie's Pasture. He stated the possible slow down of emergency vehicle response times is not as important as the residents safety. He noted the barrier would not have to be elaborate. Mr. Holten stated he favors closing Greenwood Beach Road as many motorists use it as a race track. Melinda Kanter, Director Southern Marin Day School, stated they are not opposed to the closing as long as it is at the East end of Green- wood Beach Road. Petey Stein stated the P&R Commission feels this closure should be done to provide the children with a safe route to school, but also it should be done in conjunction with the Precise Planning of Blackie's Pasture. Torn Prevost, representing the Tiburon Baptist Church, stated whatever is done should be done to slow down mo~orists. Mr. Prevost stated people travel too fast on this road. Mr. Jim Dixon stated he moved from his home on Greenwood Beach Road because of the safety of his children. Also speaking in favor of the closing of Greenwood Beach Road were presilla Trip, Chris Morrison and Jenny Savage. Larry Smith requested that the Council approve in concept the closing of Greenwood Beach Road but make the location of the cul-de-sac a part of the precise plan for Blackie's pasture. Mayor Hanson closed the public hearing. Council discussed how the cul-de-sacing would be funded. Town Engineer Bala stated the cost of a permanent cul-de-sac would be approximately $10,000 - 15,000. Engineer Bala noted before any cul-de-sacing could take place the Town would have to receive permission from CAL/TRANS to use their property. Council discussed a temporary trial closure and questioned what type of barrier could be used. Engineer Bala stated a very simple barrier using telephone poles could be used. MOTION: Greenwood Beach Road be closed experimentally for 6 months, more or less along the lines of the Town Engineer's description. During this trial period the funding sources for the permanent barriers be explored. Also during this trial period the P&R and Planning Commissions are to proceed with the precise planning of the Blackie's Pasture area with closure of Greenwood Beach Road in mind. Edelsetin, Seconded by Bass AYES: Unanimous Moved: Vote: Council questioned who would pay for the temporary closing. It was recommended that these costs be split with the Homeowners TOWN COUNCIL MINUTES #580 FEBRUARY 3, 1982 PAGE THREE and that the Town Engineer is given a ceiling of $2,000. Council requested Staff to bring back a resolution at the next meeting stating the Council's policy regarding the temporary closing of Greenwood Beach Road. G. BUSINESS 6. TREE ORDINANCE (Processing of Complaints) Councilman Rockey reported he has met with representatives of the Board of Adjustments, Park & Recreation Commission and Staff members with respect to tree ordinance complaints processing. He reported that since adoption of the tree ordinance in 1980 only three (3) formal complaints have been received and ten (10) complaints have been informally resolved. The result of this meeting indicated there were three alternatives for processing of complaints, 1) shift tree complaints from the Board of Adjustmenbs to the P&R Commission; 2) utilize an arbitration board, or 3) rescind the tree ordinance. It was also noted during these meetings that three definitions in the tree ordinance need clarification, they are 1) language dealing with views and privacy; 2) defining what constitutes sunlight obstruction and 3) more clearly defining what constitutes a primary living area. Councilman Rockey stated the use of Homeowners Associations in resolving tree complaints is less than effective as people do not want to take a strong stand against a neighbor or friend. Petey Stein reported on an arbitration group in the City which could be contacted to work out the Town's tree complaints. Council- man Bergsund stated there also is an arbitration group in the County. B.A.R. member Bergmann stated the ordinance as written is not workable as people tend to make the definitions fit to their circumstances. Board member Malott stated the biggest problem also is enforcement of the Board's decision. Larry Smith reported the P&R Commission unanimously voted against taking on the tree complaints and their recommendation is that an arbitration group be utilized as they specialize in resolving problems between two parties. Councilman Bass stated perhaps the ordinance does need amendment to clarify certain definitions, but stated there will always be compromise situations. He recommended the tree complaints stay with the B.A.R. and that the Board of Adjustments and Parks and Recreation Commissions work together to formulate tree complaint guidelines. Commissioner Bergmann recommended that an initial fee of $50.00 be charged as the 10 tree complaints that were resolved without going to the Board consumed many hours of Staff time. She suggested then if the complaint goes all the way to the Board the complaintant pay the additional $150.00. Council directed representatives of the B.A.R. and P&R Commission to work together on establishing guidelines which are to be brought back to the Council for endorsement. 4. SASM PIPELINE PROJECT (Status of Lyford Drive/Tiburon Boulevard Paved Parking Lot) Acting Town Manager Nadritch reported SASM will be opening bids for Phase II of their pipeline. This phase is the area from the Trestle Glen Treatment Plant to Mar West Street. He noted one issue still remains unresolved in regard to this portion of the Agreement between the Town and SASM. This is the matter of the proposed paved parking area at Lyford Drive. Mr. Nadritch reported the paving of this area is covered under the Agreement but there is no provision for the left-hand storage lane that is required by CAL/TRANS. Engineer Bala estimated the cost of the storage lane to be $15,000, but questioned the need of the storage lane. Council recommended this parking area be constructed as required by CAL/TRANS and suggested the Town talk with the SASM Board of Directors. Council stated their opinion is that SASM agreed to do whatever was required to provide the parking area. Council stated they definitely want the parking area. n7\"""'p "C"f""\TTD 1. PROPOSITION 4 (Establish 1981-82 Appropriation Limitation, Resolution) Councilman Rockey questioned what would happen if the Town went over its appropriation limitation. Acting Manager Nadritch reported there is a 45 day challenge period and if successfully challenged the Town would have to reimburse the excess amount over a subsequent fiscal year. Moved: Vote: approve the 1981-82 Appropriation Limitation in Regard to Proposition 4, Resolution No. 1199) Rockey, Seconded by Bergsund AYES: Unanimous MOTION: H. COMMUNICATION, STAFF AND TOWN MANAGER ITEMS Acting Town Manager Nadritch presented the Council with a resolution which authorizes the Town Manager to execute an agreement for certain Federal funding under the Disaster Relief Act, in regard to the January 4, 1982 storm damage. MOTION: Moved: Vote: adopt the aforementioned resolution (No. 2000) Bass, Seconded by Rockey AYES: Unanimous Council directed Staff to write a letter of sympathy to the City of Sausalito regarding the death of Councilmember Sally Stanford. Council requested Staff to agendize the adoption of the Town's revised Housing Element for the next regular council meeting. Town Engineer Bala asked if Council would approve the request of residents on Linda Vista to pay for overlaying of the road and then the Town take over the road for maintenance. Engineer Bala recommended this work be tied in with the Vista del Mar project and that a stipulation be made that the Town will only maintain those improvements which presently exist. This is to say the Town will not in the future provide gutters, sidewalks, etc. MOTION: Moved: Vote: approve the Town Engineer's above recommendation Rockey, Seconded by Edelstein AYES: Unanimous I. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Hanson adjourned the meeting at 11:15 PM, Wednesday, February 3, 1982, sine die. ~~ KIRK HANSON, MAYOR Town of Tiburon ATTEST: 1&1~ R. L. KLEINERT, TOWN MANAGER/CLERK TOWN COUNCIL MINUTES #580 FEBRUARY 3, 1982 PAGE FIVE MINUTES TOWN COUNCIL CORRECTED CALL TO ORDER Mayor Hanson called the regular meeting of the Town Council of the Town of Tiburon to order at 7:30 PM, Wednesday, January 20, 1982 in the Del Mar School Library. CLOSED SESSION Mayor Hanson adjourned the meeting to Closed Session for the purpose of discussing current and pending litigation. REGULAR BUSINESS SESSION Mayor Hanson reconvened the Council for the regular business session at 8:13 PM. ROLL CALL PRESENT: COUNCILMEMBERS: Bergsund, Rockey, Bass, Hanson EX-OFFICIO: Town Manager Kleinert, Director of Community Development Hanna, Chief of Police Bailey, Town Attorney Conn, Town Engineer Bala, Supt. of Public Works Brunini, Minute Clerk Stultz ABSENT: COUNCILMEMBER: Edelstein B. APPROVAL OF MINUTES #578, January 6, 1982 MOTION: Moved: Vote: approve Rockey, AYES: ABSENT: ABSTAIN: the aforementioned minutes Seconded by Bergsund Bergsund, Rockey, Bass Edels-cein Hanson as submitted C. COMMISS ION AND COMMITTEE ORAL REPORTS a. P.G.&E. SERVICES IN OLD TIBURON Town Manager Kleinert reported at the last Council meeting Councilman Bass raised the concern of residents in Old Tiburon about poor PG&E service in their area. Councilman Bass stated excluding the recent storm on several occasions even when it was not raining electric service has been interupted. He stated these interuptions on occasion lasted several hours. PG&E representaive Richard Conrad explained that the Old Tiburon area receives service from around Paradise Drive. He noted whenever power goes out in the Paradise Drive area the circuit~ broken for repairs which causes outages in the Old Tiburon area. He noted that in certain areas of the Paradise Drive loop utilities are undergrounded which makes for a longer repair process. Mr. Conrad recommended any time service is disrupted that PG&E be called. Chie~~~Police Bailey noted that during the recent storm service was ~s on Sugarloaf Drive where the police's repeater is located. He requested that this area be designated as a priority ~~ea any time service is lost. repalr b. TREE ORDINANCE COMPLAINTS PROCESSING STATUS REPORT representatives Councilman Rockey stated he has met with theAnf~~~ of the B.A.R. and Parks and Recreation Commissions and their Staff representatives. He requested this matter be agendized under Business at the next regular Council meeting. TOWN COUNCIL MINUTES #579 JANUARY 20, 1982 PAGE ONE D. PUBLIC QUESTIONS AND COMMENTS Mayor Hanson noted that during the January 4th storm there were several outstanding efforts by Town personnel and that he would like to take this moment to recognize those people. Mayor Hanson gave special recognition to Chief of Police Bailey and Supt. of Public Works Brunini who worked many hours overtime. Mayor Hanson also gave recognition to the following: Secretary/Dispatcher Cindy Rodriguez; Cadet Dennis Bouchard; Officers Ken Nelson, Kevin McNiff, Harry Bennigson, Dave Hutton, and Tom Aiello; Explorers Andy Smith, Chris Hammond and Matt Sabella; Finance Director Alan Nadritch, Secretaries Sue Cambern and Heidi Stultz; Planning Director Robert Hanna and Resident Jean Ellingeson. Mayor Hanson gave special thanks to the Tiburon Public Works Dept. consisting of Foreman Frank Brooks, and Maintenance men John McKelvie, John Fabianovich, and "Buck"O'Hare. In regard to the storm and the various building permits that will be required for repair work, Council requested the Lands and Development Committee to meet with Staff in working out an expedient system and perhaps waiving certain permit fees. E. CONSENT CALENDAR MOTION: adopt the consent calendar consisting of: Moved: Vote: 1. APRIL MUNICIPAL ELECTION (Ordering and Calling Tiburon's Municipal Election for April 13, 1982 and requesting the County Clerk to Render Services, Resolution Nos. 1195, 1196 respectively) 2. FEDERAL AID URBAN POCGRAM (Approval of Program Recommended by Marin County Urban System Committee, Resolution No. 1197) 3. 1981 ANNUAL POLICE STATISTICAL REPORT (Includes December's Monthly Report) 4. FINANCE REPORT (December 1981) Bergsund, Seconded by Bass AYES: Unanimous ABSENT: Edelstein F. PUBLIC HEARINGS 5. MASTER & PRECISE PLAN AMENDMENT (39 Main Street) Director of Community Development Hanna noted the major issues left unresolved from the last meeting were 1) whether the modification from a bar to restaurant is satisfactory to trigger the Town's parking requirement, in which the Town Attorney feels this change in use if sufficient to require parking; 2) whether the Planning Commissions' recommendation of 20 parking spaces be provided as opposed to the 35 required spaces; and 3) the appropriateness of the in-lieu parking fees, and how much the fees should be. Director Hanna stated he has met with the applicant, as requested by Council, in regard to the in-lieu parking fees. The Town Engineer has revised his estimate for the cost of providing one parking space to $2,500 (improvements only, no land). This would cause the applicant to pay $50,000 for the required 20 parking spaces. The applicant proposed to pay this amount over a 10 year period with quarterly payments of $1,250. Director Hanna stated the first payment would be due prior to commencement of the business and the remainder of the payments every 90 days. Director Hanna noted in this proposal there is no interest applied to the $50,000. Council questioned if this condition would go with the land should this business cease. Director Hanna stated itiwould an<l any remain- ing payments would be required by the new owner/ocEJW~Bf1 asked what the Town's recourse would be if the owner does not make the payments as agreed. Director Hanna stated as this would be a condition of the Master & Precise Plan, and if not complied to the use permit could be revoked. TOWN COUNCIL MINUTES #579 JANUARY 20, 1982 PAGE TWO Mayor Hanson opened the public hearing. Mr. Frank Pomeranz representing the applicant stated he is satisfied with the in-lieu parking fees as explained by Mr. Hanna. Being no further response, Mayor Hanson closed the public hearing. Council discussed where this parking could be provided as it must be within 1000' of the establishment. Director Hanna stated he would propose the area behind the Safeway for the parking. Councilman Bass stated his concern with the payment being spread out over 10 years, particularily since there is no inflation factor figured into the fee. Mr. Pomeranz stated the other alternative would be for him to provide validated parking. Council discussed the matter of validated parking and concurred that it would not solve the long term problems of parking in downtown Tiburon. Council requested that the matter of the in-lieu parking fee be brought back as a separate resolution to the Master & Precise plan approval. MOTION: Moved: Vote: MOTION: Moved: Vote: adopt second reading of the ordinance approving the Master Plan amendment for 39 Main Street (Ord. No. 255 N.S.) Rockey, Seconded by Bergsund AYES: Bergsund, Rockey, Bass, Hanson NOES: None ABSENT: Edelstein adopt the resolution approving the Precise Plan amendment for 39 Main Street (No. 1198) Bergsund, Seconded by Bass AYES: Unanimous ABSENT: Edelstein 6. APPEAL OF B.A.R. DECISION (140 Sugarloaf Drive) Director Hanna noted this is a continuation from the last regular meeting. The applicant at that meeting was requested to work with Boardmembers Bergmann and Coxhead and Director Hanna to reduce the height of the building. As a result of that meeting the applicant has reduced the back roof line, using the existing foundation. Director Hanna stated if Council approves this design a requirement should be placed on the approval requiring review by the Town Engineer, a soils report and a structural report to insure the foundation could support another story and another storm. Director Hanna noted this design still requires a height variance. Mayor Hanson opened the public hearing. Applicant, Mike Shipsey, stated he would like to maintain the original design and that the revised design does not really gain that much from the height reduction. Councilman Bass stated he prefers the original design. Mr. Shipsey stated the original engineer of the property has made a physical site inspection and he has determined the foundation will support the new building as proposed. Town Engineer Bala stated the applicant must provide assurance that the Town's retaining wall will not be used to provide horizontal support for this building. MOTION: Mayor Hanson closed the public hearing. Moved: Vote: Uphold the appeal based upon the original design application, subject to: 1) Satisfaction of all requirements of the Town Engineer, 2) meeting all requirements of the Tiburon Fire Protection District and 3) submittal of a landscaping plan Bass, AYES: NOES: ABSENT: Seconded by Rockey Rockey, Bass, Hanson Bergsund Edelstein JANUARY 20, 1982 PAGE THREE TOWN COUNCIL MINUTES #579 7. MUNICIPAL ELECTION DATE CHANGE (Consolidation of Local Municipal Election with School and Fire District Elections) Town Manager Kleinert reported the draft ordinance before the Council proposes combining the Town's General Municipal election with the School Board and Fire District elections held in November of odd numbered years. This consolidation would begin with a November 1985 election. The Town would have their regular April elections in 1982 and 1984 with those elected then serving shortened terms of 3~ years. Mayor Hanson opened the public hearing. Being no response Mayor Hanson closed the public hearing. Councilman Bass stated he basically is not in support of this proposal as given the size of the Tiburon community it is going to be difficult for people to bring to a municipal election the same degree of interest if combined with the School and Fire District election. He stated the cost savings in combining elections is minimal. Manager Kleinert stated one year ago the Council opposed the consolidation of elections but now some are of the opinion that combining elections would generate better voter awareness and higher voter turnout. Councilman Bass stated he is concerned with the quality of the votes. Mayor Hanson concurred with Councilman Bass. Councilmembers Bergsund and Rockey expressed their support of the proposed ordinance. As it appeared the Council would have a split decision regarding this matter this item was continued until the full council was present. G. BUSINESS 8. COUNTYWIDE PLAN UPDATE (Review and Comments) This matter was scheduled for a special workshop session to be held on Tuesday, February 2, 1982, 8:00 PM in the Town Hall conference room. 9. TPC MARSH ACQUISITION AND RESTI)RA~ON (Status of Soils Report) Town Manager Kleinert reported that due to the recent storms the deadlines for the soils report has been thrown off schedule. The Town Engineer has put together the Scope of Services and the TPC has indicated they will have their input ready by tomorrow, January 21st. Manager Kleinert stated as soon as their input is available the report can be ordered. Town Engineer Bala noted the report should be available within 60 days from ordering. H. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS Town Manager Kleinert reported Joan Bergsund will serve as Tiburon's representative to the Ecumenical Housing Associations committee on affordable housing. Town Manager Kleinert reported the Reedland Woods School committee will consist of Mayor Hanson, Councilman Rockey, Planning Commission Chairman Gary Spratling and Planning Commissioner Valerie Bergmann. I. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Hanson adjourned the meeting at 10:50 PM, Wednesday, January 20, 1982, to February 2, 1982, 8:00 PM, Conference Room, to discuss the Countywide Plan Update. , ~ ~ ~--~ KIRK HANSON, YOR ATTEST: Town of Tiburon R. At~LERK TO~VN COUNCIL MINUTES #579 JANUARY 20, 1982 PAGE FOUR MINUTES TOWN COUNCIL CALL TO ORDER Vice-Mayor Rockey called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 PM, Wednesday, January 6, 1982, in the Music Room of the Del Mar School, Tiburon, CA. A. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass (8:10 PM) EX-OFFICIO: Town Manager Kleinert, Chief of Police Bailey, Director of Community Development Hanna, Deputy Town Attorney Ragghianti, Deputy Town Engineer Strandgaard, Supt. of Public Works Brunini, Minute Clerk Stultz ABSENT: COUNCILMEMBER: Hanson B. APPROVAL OF MINUTES #576, November 18, 1981 MOTION: Moved: Vote: approve Minutes #576 of November 18, 1981 as presented Bergsund, Seconded by Edelstein AYES: Edelstein, Bergsund, Rockey ABSENT: Bass, Hanson #577, December 2, 1981 Councilman Bergsund noted that on Page 3, Item 8 (Downtown Tiburon Boulevard Improvements) the Council's recommendation was not reflected in the minutes. Moved: Vote: approve Minutes #577 of December 2, 1981, subject to clarification of the Council's action in regard to Item #8 Bergsund, Seconded by Edelstein AYES: Edelstein, Bergsund, Rockey ABSENT: Hanson, Bass MOTION: C. COMMISSION AND COMMITTEE ORAL REPORTS a. BELVEDERE/TIBURON JOINT RECREATION COr-"..MITTEE (Public Services Report of Committee's Financial Record Keeping) Councilman Bergsund reported on a meeting with representatives of the Joint Recreation Committee regarding their financial record keeping system. The Committee desires to maintain their own internal record keeping. During this meeting it was decided the Committee would also put their records on the Town's system with the Bank of America for the Town's clarification of the Committee's financial status, and for an air tight record keeping system. Councilman Rockey reported on a recent meeting with the Ferry Boat Committee and Harbor Carriers, Inc. The result of the community survey have been completed and within a month a summary information sheet will be available. During this meeting Harbor Carriers announced it will file with the State P.U.C. a rate increase application in which they will ask that the monthly commute book be raised to $49.00/month. D. PUBLIC QUESTIONS AND COMMENTS There were none. E. CONSENT CALENDAR Councilman Bergsund recommended that Items 10, 13 and 16 be moved to the Consent Calendar. Council discussed Item 10 (Greenwood Beach Road Closure) and questioned if at the February 3, 1982 meeting the Council would be looking at the actual closing design. Town Manager Kleinert stated at that meeting the Town would declare its policy regarding the closure of Greenwood Beach Road. Councilman Bergsund requested that the School District be notified of this hearing as they have long supported an extension of the bicycle path over Greenwood Beach Road. TO\~ COUNCIL MINUTES #578 JANUARY 6, 1982 PAGE ONE The Planning Commission recommends that the change from a Bar to restaurant is appropriate. As the previous use of the building was legal non-conforming this amendment requires the applicant to provide 36 parking spaces under the Town's zoning ordinance. The Planning Commission in considering whether 36 spaces are appropriate they determined the applicant should be required to provide 20 spaces. The applicant has contacted the Zelinsky and Metro parking lots in which there was no opportunity in either to provide 20 spaces. The Planning Commission recommends that the applicant either provide the spaces in another location or the Town Council consider the appropriateness of the in-lieu parking fees. These fees have never been set by Council. The Town Engineer has determined that it would cost $5,600 to provide one (1) parking space in downtown Tiburon. This figure includes the cost of land and improvements required to provide one parking space. Using this figure the applicant would be required to pay $112,000 for the 20 required parking spaces. Director Hanna noted the applicant's concern is that the parking spaces be would be paying for would not be for the exclusive use of the 39 Main establishment, and they would benefit the whole area at his expense. Director Hanna stated the matter before the Council is 1) the appropriateness of converting 39 Main from a bar to a restaurant; 2) whether to accept the Planning Commissions' recommendation to reduce the required number of parking spaces from 36 to 20; and 3) what the in-lieu fees should be for the parking spaces. Councilman Edelstein questioned whether changing the use from a bar to restaurant is sufficient legally to trigger the satisfaction of the parking standards. Deputy Town Attorney Ragghianti stated he could not give an opinion at this time. (Councilman Bass arrived at 8:10 PM.) Vice Mayor Rockey opened the public hearing. Mr. Frank Pomeranz, applicant, stated his intention is to provide a world-class french restaurant and renovate the main floor area of the building. He indicated that if he had to provide parking and committ himself to a large sum of money the project would not be feasible unless he owned the parking lot. He stated he would be willing to provide validated or valet parking for his patrons. Council questioned what other downtown buildings are legal non- conforming in regard to parking. Director Hanna noted Sams and Tiburon Tommies are legal non-conforming. ~r. Pomeranz questioned the Town looking at an overall need for setting up an assessment district to provide parking in downtown Tiburon. Councilman Bass stated he agrees with the applicant, as requiring the applicant to pay the full cost of providing the parking spaces really benefits the landlord and not the lessee. He recommended working out a fee schedule that ties into the applicant's lease agreement. Mr. Pomeranz stated he would be willing to pay a monthly fee for parking for however long he is in business in this location. Council requested that a Committee of Town Staff, the Town Attorney and the applicant be formed to meet and try to work out a way of establishing a fee that the applicant would pay for parking, and that the parking matter be resolved prior to the next hearing. MOTION: Moved: Vote: to read by title only Bergsund, Seconded by Bass AYES: Unanimous ABSENT: Hanson Vice Mayor Rockey read "AN ORDINANCE OF THE TO~iN COUNCIL OF THE TOWN OF TIBURON APPROVING A MASTER AND PRECISE PLAN FOR 39 MAIN STREET". Councilman Edelstein requested this ordinance be amended to include any structural soundness work or Uniform Building Code compliances to be included in the building permit for remodeling, and that such work must be completed prior to the issuance of the use permit. TO~VN COUNCIL MINUTES #578 JANUARY 6, 1982 PAGE THREE Moved: VOTE: adopt first reading of the aforementioned ordinance as amended Bergsund, Seconded by Bass AYES: Edelstein, Bergsund, Bass, Rockey ABSENT: Hanson MOTION: 8. APPEAL OF B.A.R. DECISION (140 Sugarloaf Drive) Director Hanna reported this is an appeal of a Board of Adjustments decision for the reconstruction of a home destroyed by fire. The B.A.R. in reviewing this application suggested the applicant move the building downhill to reduce the height of the building from the street. The B.A.R. suggested a redesign may be possible to reduce the height, bulk and massiveness of the building. The applicant at that meeting requested that the B.A.R. take action on the application beeause time was of the essence. The B.A.R. denied the application and the applicant has appealed the denial to the Town Council. Council questioned the height difference from the original home to the proposed home. Councilman Edelstein stated the net effect is that there is almost a full extra story and the loft area adds an additional 1,000 sq. ft. of living area. Vice Mayor Rockey opened the public hearing. The applicant's attorney, Neil Bloomfield, presented the Council with the Assistant Planner's staff report which recommended the B.A.R. find that there are extraordinary circumstances and that the height variance should be granted. He stated she wrote that this variance would not be injurious to the neighborhood. He reviewed the height of the building, noting that in his opinion there is a 2' error in the Assistant Planner's calculations as the present zoning ordinance measures height from the foundation and not natural grade. Mr. Bloomfield requested that the Council take action tonight that would allow the applicant to proceed with the construction of his home. B.A.R. member Valerie Bergmann stated they could not find any hardship for granting the height variance and they could not justify the applicant building higher than the 36' limit. Council questioned if the Board had any concerns about the design of the home. Boardmember Stone Coxhead stated Jim Malott recommended the house be moved down the hill, requiring a new foundation to reduce the height of the home when viewed from the street. Mr. Shipsey, applicant, stated he could be able to reduce the visual height of the building by eliminating or reducing the downhill dormer. Vice Mayor Rockey closed the public hearing. Councilman Bass stated it seems almost impossible to design a house on this particular lot without a height variance, but he is troubled with the size of the building. Mr. Coxhead stated another concern of the Board was the closeness of this home to the next door home and the loss of privacy and light. Mr. Shipsey stated the design as presented would allow him to enjoy a San Francisco view, which was not available in the design of the original home. Ms. Bergmann stated the applicant was given the options to either corne in with a redesign, have the Board deny the application, or to rebuild the original building design. She suggested perhaps a committee should be formed to work with the applicant to resolve this matter. MOTION: continue the appeal with the understanding that the applicant will meet with Staff and Boardmembers Coxhead and Bergmann to resolve the height matter. The height shall not exceed 24' measured from the center of the street. It is further under- stood that the applicant shall not be reqired to construct a new foundation to move the home down the hillside. This item shall be brought back at the next meeting when the full council is present. Moved: Vote: Edelstein, Seconded by Bergsund AYES: Unanimous ABSENT: Hanson TOWN COUNCIL MINUTES #578 January 6, 1982 PAGE FOUR Town Manager Kleinert gave an oral report on the January 4, 1982, storm and its effects on the Town of Tiburon. He noted Tiburon was more fortunate than the majority of Marin Cities, but, stated there was considerable private the public property damages caused by mud slides and flooding. He gave special recognition to the Department of Public works and Chief Bailey. The total estimated damages as of this date are $5.5 million. Manager Kleinert noted his observations from this storm were a lack of sufficient manpower, poor communications and a lack of proper equipment. He noted the Police Department, Fire Department and Public Works Department could not communicate on one frequency which caused duplication of services . The Police Department in the future will serve as the emergency operations center due to their round-the-clock dispatching capabilities. Manager Kleinert presented Council with a Resolution declaring Tiburon a State of Emergency which will allow property owners to obtain Federal, State and Local disaster assistance. Moved: Vote: adopt the Resolution declaring Tiburon a State of Emergency (No. 1193) Bergsund, Seconded by Bass AYES: Unanimous ABSENT: Hanson MOTION: G. BUSINESS ~- 9. TIBURON BOULEVARD/ROCK HILL DRIVE INTERSECTION IMPROVEMENTS (Approval of Preliminary Design) Director of Community Development presented Council with two different designs for the 240' retaining wall at the Rock Hill Drive intersection. He noted the B.A.R. has reviewed the designs and their only comment is that the top of the wall should be landscaped with a vegetation that will sweep down and cover the retaining wall. Councilman Edelstein requested that a bid be obtained for an exposed aggregate wall along with the two designs presented. !.lOTION: to approve the preliminary design and solicit bids, including one for an exposed aggregate wall and Council will select the design after bids have been received. Bass, Seconded by Bergsund AYES: Unanimous Moved: Vote: 11. PARADISE DRIVE ANNEXATION (2 Single Family Lots, J. Kruse) Director of Community Development Hanna presented his report regarding the proposed annexation of two single family lots on Paradise Drive. This property is presently zoned RO-2 which is consistent with the area. Director Hanna noted LAFCO is presently looking at pursuing a larger area of annexation on this portion of Paradise Drive. Mr. Kruse plans on installing a mobile home on the vacant lot. Council informed Mr. Kruse that now all permits and applications should be made through the Town of Tiburon and not the County. Moved: Vote: approve the annexation of two single family lots on Paradise Drive Bergsund, Seconded by Bass AYES: Unanimous ABSENT: Hanson !10TION: 12. SOUTHERN PACIFIC (METRO) PARKING LOT (Temporary Use Permit, Res.) Director of Community Development Hanna reported the annual use permit for the Metro parking lot has not been renewed in several years. This matter is agendized for Council's approval of the Use Permit. Council questioned if Metro has considered a reduced parking rate for thOSE ferry commuters who use the lot, or a reduced rate for those parking before 8:30 AM. Mr. Frank Riddley, Southern Pacific, stated they have no intentions for such a reduced rate unless Harbor Carriers would subsidize such a program. Council noted use of the parking lot would probably increase if such a program was implemented. Council noted that the parking lot is never maintained or kept clean. Council requested that staff monitor the lot to insure proper maintenance. TOWN COUNCIL MINUTES #578 JANUARY 6, 1982 PAGE FIVE council remanded this matter to the Public Services Committee. 14. COUNTY\VIDE PLAN UPDATE (Review and Comments) Councilman Bergsund noted she generally endorses the concepts expressed in the countywide Plan Update, but individual sections of the report need a great deal of studying and that if Council approved this plan, in no way would it mean that Tiburon would follow the County's lead by adopting an ordinance or amending Tiburon's general plan. Council discussed the statement in the plan indicating that Mill Valley should be given the Strawberry Town and coumryShopping Center and those portions of Strawberry South of Highway 10l under their Urban Services Area. Council requested that this matter be agendized for the next several meetings for discussion. 15. PLANNING SERVICES FEE SCHEDULE (Approval of Certain Fee Modifications) Council questioned raising the tree complaint fee from $50 to $250, which in their opinion may be too excessive. After discussion it was agreed that the tree complaint fee should be $200.00. Council requested the other fees be continued for further discussion. Moved: Vote: adopt the revised tree complaint fee of $200 and continue the matter of the other fees Bergsund, Seconded by Bass AYES: Unanimous ABSENT: Hanson MOTION: 17. MUNICIPAL ELECTION CONSOLIDATION (Consider Local Option to Merge Election Dates) Town Manager Kleinert reviewed the options for municipal election dates, noting Corte Madera's option appears the most feasible. Their proposal is to combine elections with the School Board and Special District elections 1n November of odd numbered years. Their revisied election date would commence in November 1985 which would cause those elected in April 1982 and 1984 to serve shortened terms. Council requested this matter be reagendized for the next meeting and the draft ordinance introduced changing the election date to Novewber of odd numbered years commencing in November 1985. H. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS Council appointed Councilmember Bergsund as Tibllron's representative to the Marin Arts Council. Councilmember Bass requested that a PG&E representative be invited to the next Council meeting to discuss the poor service in the Old Tiburon area. I . ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Vice Mayor Rockey adjourned the meeting at ll:18 PM, Wednesday, January 6, 1982, sine die. D~I~~C~~OR PRcr::TEMPORE Town of Tiburon ATTEST: R.~~AGER/CLERK