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HomeMy WebLinkAboutTC Min 1980 (October thru December) CORRE crED MINUTES TOWN COUNCIL CALL TO ORDER Vice Mayor Hanson called the adjourned meeting of the Town Council of the Town of Tiburon to order at 8:10 PM, Thursday, October 23, 1980, in the Town Council Chambers, Reed School, Room 9, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Hanson EX-OFFICIO: Town Manager Kleinert Town Engineer Bala Director of Community Development Hanna Supt. of Public Works Brunini Minute Clerk Stultz ABSENT: COUNCILMEMBER: Bass BUSINESS 1. SOUTHERN MARIN SEWERAGE AGENCY PROPOSED PIPELINE Mr. Bob Gressins, filling in for Rich Chinn, introduced Ed Nute, design engineer of the project. Mr. Nute briefly reviewed the history of the pipeline which has been 10 years in the making. The proposed pipeline, a six mile pipe from Mill Valley running through Tiburon and discharging in the Racoon Straights, is the most enconomical and environmentally sound proposal. Because of the ecological balance of Richardson Bay1it is required that effluent be kept out and therefore effluent will be discharged in the Racoon Straights. SASM is presently in the design stage and shall be applying to the State for funding, and construction is anticipated to begin in April 1981. Mr. Nute reviewed the alternative locations for the pipe in Tiburon. ALTERNATIVE A coming down Greenwood Beach Road~crossing Blackie's Pasture then running in front of the Trestle Glen plant around the bay side of McKegney Green, following the bike path past the Belvedere Tennis Club and then in the ditch to San Rafael Avenue and continuing on the bike path to the end of the path and then boring through Tiburon Boulevard to the Southern Pacific property back to the District No. 5 plant and then to the outfall in Racoon Straights. Advantages of this route is the cost, little auto traffic disruption, few utility lines to work around, and a level working area. Disadvantage is disruption of traffic on the bike path. The estimated cost for this alternative is $1,700,000. ALTERNATIVE B From Greenwood Beach road the pipe would come in front of the Trestle Glen plant and then take off along the beach as far as possible and come up Lagoon Road and connect through the Southern Pacific property and then to the outfall. Advantages of this plan are no auto or bike path disruption. Disadvantates would be higher cost, the Town would have an engineered beach instead of a natural beach, disruption of the ecological balance along the shoreline, and the pipe would be difficult to maintain and repair. The estimated cost for this alternative is $2,400,000. ALTERNATIVE C This alternative would bring the pipe up to Tiburon Boulevard and put the pipe in one of the traffic lanes to Mar West and then over to the Southern Pacific p~operty to the outfall. Advantages of this alternative would be no utility line obstruction and no disruption of the bike path. Disadvantages are high cost, longer construction time, 20-30 minute traffic delays and working on an uneven grade. The esitmated cost for this alternative is $3,000,000. Council questioned why the pipe could not be laid under one of the shoulders along Tiburon Boulevard. Mr. Nute stated there are Tmm r.ormr. TT, M TN fT'T'F. S i 544 nrrrnRRR ?1_ lqQO D7I~k' nMk' utilities placed on both sides of Tiburon Boulevard. Council asked what the pedestrian detours would be if ~1 was allowed the pipeline to be placed under the bike path.' Mr. Nute stated SASM would do whatever possible to continue service on the bike path. He suggested diverting pedestrian traffic to the old railroad tracks before the Trestle and from the area between South of the Knoll and the end of the Belvedere Tennis Club they could shuttle people in trucks at intervals. At night and during the weekends the trenches would be covered with steel plates. Council expressed their concern over any closing of the path and suggested one condition of approval be that a temporary bike path be provided with complete usefullness during construction. Mr. Nute stated SASM is requesting storage areas at Trestle Glen, Blackie's Pasture, South of the Knoll, on the Southern Pacific property, and at the bottom of Lyford Drive. Town Engineer Bala suggested that the storage area at Lyford Drive be paved and used for commuter parking after the constuction is completed. Mr. Chuck Koehler, Park and Recreation Commission, stated the Commission would like to see the pipe placed along the shoreline. Council questioned where the dirt will be going if the bike path route is used. Mr. Nute stated there will be approximately ~ to 1 yard of dirt for every running foot trenched, that will have to be hauled away and dumped for fill. Some dirt will remain for covering the trench, and if desire some left for the Richardson Bay Linear Park development. Councilman Rockey stated his concern over trucks continuously coming in and out of Tiburon for the dirt plus the additional construction trucks that will be using Tiburon Boulevard for the SP project. Town Engineer Bala suggested using some of the dirt for building a larger shoulder along Tiburon Bouelvard. Mr. Nute stated if a shoulder was constructed it would have to be to the State standards. Town Engineer Bala suggested a penalty clause be added for contractors who do not finish any section in the time given them. Mr. Koehler stated another concern of the P&R Commission was settlement of the bike path where trenching has occured. Mr. Bala stated a soils mechanic will be taking tests and there should be 95% compaction. Mr. Bala stated there should be a three year guarantee against settlement of the path. Council asked if SASM has considered strenghting the rip rap along the shoreline. Mr. Bala stated there are many bad spots and should be recognized by a soils mechanic. He also stated it should be clarified in the easement agreement that if there is failure of the rip rap because of wave action it shall be the District's responsibility to repair it. Mr. Nute stated the pump station at Trestle Glen will be placed back from the present station and fenced away from the bike path. It is a 36' X 40' structure that will be la' high. Mr. Koehler stated - the P&R Commission unanimously voted that there not be a storage area in the South of the Knoll. Director of Community Development Hanna stated the Planning Commission felt a storage area could be placed there if it did not inter fer with the park development. Council asked if SASM considered providing reclaimed water to other parks in Tiburon. Mr. Nute stated the State is raising its standards for reclaimed water. Mr. Max Graffee stated the present reclaimed water used for McKegney Green is close to the new State standards and it should be realtively easy to bring it to the new standards. Council asked that a cost estimate for additional pipe to allow reclaimed irrigation to Blackie's Pasture, South of the Knoll, Del Mar School playfield, and the SF parkland be obtained. Council discussed having SASM provide two contractors, one for the SP portion of the project, and one for the remainder of Tiburon. Town Manager Kleinert stated he has spoken with SASM representatives regarding paying for up to one week of the Town Engineer's retainer fee, as he will be working closely on this project. Mr.Stone Coxhead, B.A.R. Commissioner, stated the pumping station is in a new location, but the Commission was concerned with the materials and colors of the building and the landscaping plan. TOWN COUNCIL MINUTES # 544 OCTOBER 23, 1980 Council directed staff to draw up an agreement with the following conditions: 1. Parking lot to be provided at the Lyford Drive storage area after use. 2. Reclaimed water line to Blackie's Pasture, South of the Knoll, Del Mar School playfield, and the Southern Pacific parklands. 3. Penalty clause for contractors 4. Replace and resurface the multi-use path 5. Three year guarantee against settlement of the bike path 6. Strenghten rip-rap and protect against erosion 7. Have the liability question solved should there be an accident during construction to someone using the multi-use path. 8. Time limit on the project (consider separate contractors) 9. Consider retaining the Town Engineer 10. Landscaping at pump station II. Treatment of trench areas to be paved over 12. Temporary bike path, complete usefullness during construction 13. Review specifications 14. Liquidated damages. 15. Time table of the project. Mr. Tobin, SASM, stated time is of the essence in approving the encroachment and temporary use permits and asked that this agreement be written as soon as possible. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon Mit~t/Biii adjourned the meeting at 11:25 PM, Thursday, October 23, 1980, sine die. Vice Mayor Hanson ~~- KIRK HANSON, VICE MAYOR Town of Tiburon /I/$S1 R.L. KLEINERT, TOWN MANAGER/CLERK TO~~ COUNCIL MINUTES # 544 OCTOBER 23, 1980 PAGE THREE TOWN COUNCIL MINUTES CORRECTED CALL TO ORDER Mayor Bass called the regular meeting of the Town Council of the Town of Tiburon to order at 7:15 PM, Wednesday, November 5, 1980, in the Town Manager's Office, Tiburon, CA. ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Hanson, Rockey, Bass EX-OFFICIO: Town Manager Kleinert Town Attorney Conn EXECUTIVE SESSION Mayor Bass adjourned the meeting to Executive Session at 7:20 PM for the purpose of discussing current and pending litigation. REGULAR MEETING Mayor Bass reconvened the meeting at 8:15 PM for the regular business session in the Town Council Chambers, Reed School, Room 9, Tiburon, CA PRESENT: EX-OFFICIO: Director of Community Development Hanna Chief of Police Bailey Town Engineer Bala Supt. of Public Works Brunini Minute Clerk Stultz APPROVAL OF MINUTES #543 - October 15, 1980 Page 6, Item 9, Correct Mr. Hamner to Mr. Ham Page 3, Item 4, second line, change to "of environmental impact is 30 days Page 3, Item 4, after nomincation change sentence to read "Mr. Wills has written regarding landscaping McKegney Green Page 3, Item 4, in the Motion change to read "The service road that bi-sects the park be reduced in width to a curving path surfaced with loose material" MOTION: to continue minutes #543, October 15, 1980, so the Minute Clerk can check the tape in regard to Item #5, MASTER & PRECISE PLAN, Owlswood Road Moved: Vote: Bergsund, Seconded by Edelstein AYES: Unanimous III. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS A. Joint Recreation Committee Status Report (T. Gram) Mr. Tom Gram, Joint Recreation Commissioner, reported on the Committee's new after school academy classes being sponsored in conjunction with the Reed Union School District. Mr. Gram explained the committee expects to loose money the first year, possibly the second, but this is a seeding process and hopefully the program will take off next year and be self-supporting. Council recommended that the Committee give the same report to the School Board. Councilman Edelstein suggested the Committee, in the near future, consider sharing in the cost of maintenance of McKegney Green and other park facilities. r1ayor Bass suggested the Public Services Committee review the suggestion that the ~Qint Recreation Committee share in park maintenance and also review .le present JPA which is in need of modification. Councilman Rockey reported on the PUC pre-hearing on the Harbor Carriers proposed rate increase. The PUC proposed an interim increase falling between $3.00 - $5.00 per book of 20 commuter tickets. The PUC hearings are scheduled to run off and on from January 13, 1980 to January 29th. Councilman Rockey and Bergsund have prepared four recommendations for the Council to approve. TOWN COUNCIL MINUTES #545 NOVEMBER 5, 1980 PAGE ONE MOTION: Moved: VOTE: to approve Councilmen Rockey and Bergsunds' recommendations Edelsteinr Seconded by Hansqn AYES: Unanimous Councilman Bergsund reported on the new energy element, that if accepted would be part of the County Wide Plan. IV. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES Mayor Bass recommended the nomination of Phillip Bright to the Board of Adjustments and Review MOTION: Moved: Vote: appoint Phillip Bright to the Board of Adjustments and Review Edelstein, Seconded by Bergsund AYES: Unanimous V. PUBLIC QUESTIONS AND COMMENTS There were none at this time. VI. CONSENT CALENDAR MOTION: to approve the Consent Calendar consisting of: 1. TRAFFIC SAFETY COMMITTEE REPORT (October 1980) 2. CAPITAL IMPROVEMENT PROGRAM (Authorization for Town Hall and Police Department Roof Repairs) 3. ORDER TO SHOW CAUSE (2295 Centro East - Set public hearing date of December 3, 1980 4. ENCROACHMENT PERMIT (2131-2133 Paradise Drive, Stairway) Rockey Seconded by Bergaund AYES: Unaniomus Moved: Vote: VII. PUBLIC HEARINGS 5. PREZONING (La Cresta, Via Los Altos, Ordinance 2nd Reading) Director of Community Development Hanna reviewed the proposal for RPD-I zoning of the La Cresta propert~ stating Council passed first reading at its last regular meeting, while referring the Master Plan back to the Planning Commission. Town Attorney Conn noted the Ordinance is different from that passed at the last meeting to more precisely describe the property being prezoned. Mayor Bass opened the Public Hearing. Being no response from the audience Mayor Bass closed the Public Hearing. Council questioned why the pre zoning could not wait so the Council could consider the Master Plan and Pre zoning at the same time. Mr. Hanna stated there is no reason why this could not be done. MOTION: postpone the prezoning until the Master Plan is returned from the Planning Commission Moved: Edelstein, Seconded by Rockey Mayor Bass expressed concern of zoning this property 1-5 acres per unit and the adjacent Ring Mountain property was prezoned by the Town at 1 unit per 10 acres. Council directed Staff to prepare the language for a zoning district with a sliding scale of one unit to one-ten acres. Council noted it would have to go before the Planning Commission for their recommendations and then back to the Council for two readings. Council asked the applicant's representative, Mr. Henderson, if this delay would be agreeable. Mr. Henderson stated the applicant would agree to a continuance. Councilman Edelstein withdrew his motion and Councilman Rockey concurred. MOTION: have staff prepare language for a new zoning district with a sliding scale of 1-10 for the Town Attorney's approval and place this matter on the Planning Commission agenda of 11/26/80 so it may return to the Council for first reading on 12/3/80 Moved: Vote: Bass, Seconded by Edelstein AYES: Unanimous 6. MASTER PLAN (La Cresta, Via Los Altos, Ordinance 1st reading) This item was continued to 12/3/80 TOWN COUNCIL MINUTES #545 NOVEMBER 5, 1980 PAGE TWO 7. MASTER PLAN (Gilmartin Drive, Chan & Tair Ordinance 2nd reading) Director of Community Development Hanna reviewed the Master Plan application for 10 lots on 5.5 acres and stated Council held first reading of the Master Plan o~dinance approving 7 lots. Mr. Hanna stated the Planning Commission and Town Council both reviewed the EIR for this subdivision, and the Planning Commission recommends instead of the 10 proposed lots by the applicant 7 lots be approved based on the soils conditions, and the amount of excavation and grading to construct the extension of Gilmartin Drive to this project. Mr. Hanna stated the project would have hydrological and visual impacts. Councilman Edelstein noted the property is 5.5 acres and is zoned l.l to 2.5 units per acre, and using the denser zoning of l.l units per acre the applicant would only be entitled to 6 units. Councilman Edelstein noted page 2 paragraph J of the Draft Ordinance where it stated the maximum number of units on this site is six, unless maximum effort has been made to minimize grading and there has been maximum retention and preservation of the land. Mayor Bass opened the Public Hearing. Mr. Tai, Architect, stated his appearance is merely to assist the Council in the second reading of the Ordinance and according to the applicant's Attorney they feel they have approval for 10 ~ots because they feel the time has expired on this project. Mr. Tai stated the Town did not have a working relationship with the owners and that is why the time has elapsed. Councilman Hanson stated this item has been on the Cou~cil agenda since August and the owners have not appeared. Couniclman Edelstein asked Mr. Tai if the owners are willing to work with the Town or just work with the 10 units. Mr. Tai stated the owners are willing to work with the Town on 10 lots not. 7. Mayor Bass closed the public hearing. MOTION: change ordinance from 7 units to 6 units based on paragraph J on page two (2) of the ordinance Moved: Hanson, Seconded by Edelstein Council asked the Town Attorney if this change was made, would this be first reading of a new ordinance or second reading of the amended Ordinance. Town Attorney Conn stated it should be first reading, as the Council is recommending a significan~ change. Vote: AYES: Unanimous Councilman Bergsund also asked that a condition be put in the ordinance requiring all retaining walls be poured, textured, colored concrete that follow the natural contour of the land as closely as possible. Councilman Edelstein stated if the applicant comes in with an excellent Precise Plan that can satisfy paragraph J, page two of the ordinance, 7 units would be considered. Mayor Bass asked that section 3, paragraph A of the ordinance be revised to read "The development be restricted to six lots provided the number of lots maybe increased at the time of the Precise Plan to seven lots in the event the Town is satisfied the applicant has met the conditions specified in paragraph J, section I, the exact language to be to the Town Attorney's approval. MOTION: to read by title only the Ordinance approving the Chan & Tai Master Plan approving 6.1ots, amended to include retaining walls and the amended paragraph 3(a). Moved: Vote: Edelstein, Seconded by Rockey AYES: Unanimous Mayor Bass read "AN ORDINANCE OF THE TOWN COUNCIL OF THE Tm'IN OF TIBURON APPROVING THE CHAN & TAl 11ASTER PLAN MOTION: Moved: Vote: pass first reading as amended Edelstein, Seconded by Hanson AYES: Unanimous 8. APPEAL OF B.A.R. DECISION (120 Sugarloaf Drive) Director of Community Development Hanna stated since the last regular Council meeting Mr. Spaulding, owner of 120 Sugarloaf Drive, has indicated he would be willing to move the chimney 5' to the right and leave it a stack with no framing. Mr. Dexter has indica~ed this is acceptable to him although not the ideal solution, but he would not be willing to pay any costs for this. The cost for this move would be approximately $1,500 TOWN COUNCIL MINUTES #545 NOVEMBER 5, 1980 PAGE THREE as estimated by Mr. Spaulding. Mayor Bass asked that Mr. Dexter and Mr. Spaulding discuss the options to see if they can come to a mutual agreement and return to'the Council with the results of the discussion. 9. APPEAL OF B.A.R. DECISION (Solar Panels, 81 Mt. Tiburon) Director of Community Development Hanna explained this is an appeal of a B.A.R. decision for installation of solar panels to heat an existing swimming pool at 77 Mt. Tiburon. Pictures were shown the Council showing where the panels would be located and the view of them from Mr. Foorotans home. Councilman Bergsund stated when she visited the site she believes the trees below the site of the panels would obstruct the view of the panels from Mr. Foorotan's home. Mayor Bass opened the public hearing. Mr. Foorotan, appeallant, stated the problem is in the location of the panel$ that they are visible from his home and that they would glare into his home during certain timesof the day. He stated he had other solar companies look at Mr. Diamond's home and they stated the panels could be placed on his roof. Mr. Diamond stated because of the pitch of his roof the only other location would be on the ground by his pool. Councilman Rockey stated in the minutes of the B.A.R. meeting it was suggested a tree agreement be made whereby Mr. Diamond would maintain the trees. Mr. Bill Moorehouse stated he had no problem with the solar panels in their proposed location. Mr. Diamond stated he would be willing to write a letter stating he would maintain the trees as to visually block the panels from Mr. Foorotan's home. Council requested that the letter be submitted to the Town Attorney for his approval. MOTION: Sustain the action of the B.A.R. subject to the receipt of a letter from Mr. Diamond stating he will maintain his trees and advise any new owner that the trees must be maintained, this letter to be to the Town Attorney's approval. Moved: Vote: Rockey, Seconded by Edelstein AYES: Unanimous 8. APPEAL B.A.R. DECISION (Chimney, 120 Sugarloaf Drive) Mayor Bass asked if Mr. Spaulding and Mr. Dexter have come to an agreement. Mr. Murray, counsel for Mr. Dexter, stated he felt the Council should act on the expired variance and the building permit. Mr. Tom Gram, who designed the home, stated he had worked with Mr. Ham, prior owner of 124 Sugarloaf, in regard to the height of the home. Mr. Gram also stated most homes on Sugarloaf have the same variance. Mayor Bass closed the public hearing. MOTION: That the appeal fee of $200 be reduced in half, that the chimney be moved five feet to the right and Mr. Dexter pay $750 to help offset the cost of the chimney modification. In the event Mr. Dexter fails to contribute this amount within one week, the variance and building permit shall be granted pro tunc Hanson, Seconded by Bergsund AYES: Unanimous Moved: Vote: 10. DRAFT E.I.R. (Del Madera) The Director of Community Development stated this matter is for review of the Draft EIR for two separate projects which have been combined in a single EIR, the Del Madera property and the Agins property. The Planning Commission has reviewed the draft EIR. Martha McCart, representing both Del Madera and the Agins reviewed the location of both properties, and proposed clustered layouts of the homes. The applicant is proposing to trade part of their property for some of the Eavey open space property. The Del Madera project is proposing a 35 unit project with~one point of access which would be an extension of Gilmartin Drive. The applicant is proposing an emergency road connection from Round Hill Road. The homes are proposed to be solar designed, tucked into the hill. Martha McCart displayed maps and photos showing the proposed clustering, circulation, and iews of the homes from different locations on the Tiburon peninsula. ~ouncil questioned the drainage on the back side of the ridge. Ms. McCart stated portions would be pumped over the hill. Mayor Bass opened the public hear~ng. The EIR consultant, Mr. Richard Harris, of Larry Seaman Associates was present to discuss the EIR. Town Manager Kleinert brought up the incon- sistancies of revenue that would be generated from this project and suggested this be further addressed in the Final EIR. TOWN COUNC~L MINUTES #545 NOVEMBER 5, 1980 PAGE FOUR Town Engineer Bala stated there is a profulem with slides that will have a great impact on planning this project. He suggested a soils mechanic look into this matter more closely. Mr. McCart stated Don Herzog has done additional soils borings and the applicant will repair all slide areas that are to be built upon. The maximum retaining walls are 8' in height and the new soils report should be added to the Final EIR. Town Engineer Bala stated he would be against the pumping of the drainage over the ridge, and some comments in the EIR should address the stabilityor the lack of it in the open space area, maybe those areas should have subdrainage. Council asked that an open space management plan be addressed in the Final EIR. Council asked the EIR address another alternative access route using Round Hill Road to serve the upper portion only, and Gilmartin Drive serving the lower area only. In that alternative cluster "C" would be eliminated and be relocated on the lower portion of the Eavey property and Cluster "A" would be served from an extent ion of Rock Hill Road. Council asked that the applicant plan meetings with some of the homeowners' associations. Mayor Bass closed the public hearing. MOTION: direct consultant to prepare the Final EIR addressing the above comments Moved: Vote: Rockey, Seconded by Bergsund AYES: Unanimous IX. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS A. Boardwalk Shopping Center Tent Enclosure Council asked staff to add to the letter the energy aspect of this proposal and to stress more strongly that a focused EIR be prepared. X. ADJOURNMENT Mayor Bass adjourned the regular Town Council meeting to Monday, November 10, 1980, to complete the remaining agenda matters at 11:55 PM, Wendesday, November 5, 1980. TOWN COUNCIL MINUTES #545 NOVEMBER 5, 1980 PAGE FIVE TOWN COUNCIL MINUTES CALL TO ORDER Mayor Bass called the adjourned meeting of the Town Council of the Town of Tiburon to order at 8:05 PM, Monday, November 10, 1980, in the Town Council Chambers, Reed School, Room 9, Tiburon, CA. PRESENT: COUNCILMEMBERS: Bergsund, Edelstein, Hanson, Rockey, Bass EX-OFFICIO: Town Manager Kleinert, Town Engineer Bala, Director of Community Development Hanna, Deputy Town Attorney Ragghianti, Supt. of Public Works Brunini, Chief of Police Bailey, Minute Clerk Stultz Mayor Bass stated this meeting is a continuation of the Council's regular meeting of November 5, 1980. VII. PUBLIC HEARINGS 11. TRAFFIC FUNDS FOR TIBURON BOULEVARD IMPROVEMENTS (Ord. 1st reading) Director of Community Development Hanna stated this ordinance-w.as prepared based upon the Town Engineer's letter of April 15, 1980, where he recommends $1,527 be the proportionate share for each residential unit constructed, $8.08/sq.ft. of gross floor area for retail, and $3.19/sq.ft. gross floor area for office buildings. Council had suggested that Trestle Glen and Paradise Drive be included in this fund. The Town Engineer has estimated an additional $85,700 for improving Trestle Glen and $51,000 to improve Paradise Drive. The Town Attorney has suggested the Council act on the original proposal which does not include Paradise Drive and Trestle Glen. Councilman Bergsund stated San Rafael Avenue and Gilmartin Drive improvement costs should be included. Councilman Edelstein suggested the wording "Tiburon Boulevard and its intersections between Trestle Glen Road and Main Street II be used,as the ordinance cannot address County or privately owned streets. Council suggested expanding the wording to include Greenwood Beach Road and apply only to streets within the Town Limits. Councilman Edelstein suggested a provision be included for uses not contemplated in the ordinance, i.e. restaurants, and that they pay a fee which shall be their proportionate share for peak hour traffic generation rates. Councilman Edelstein suggested under section 6, where this fund shall be in effect for 10 years that it be changed to 15 years. Council questioned how the refunding of monies would be done. Council suggestec deleting this part entirely. Deputy Town Attorney Ragghianti stated he would have to investigate this deletion as there maybe problems. This would be a restricted fund and monies from this would have to be used for the purpose it is based upon. Mr. Ragghianti stated specific agreements could be entered into with each developer and accounting of the money could be handled in conditions of the specific approval. Mayor Bass opened the Public Hearing. Being no response Mayor Bass closed the Public Hearing. MOTION: move to read by title only Moved: Rockey, Seconded by Bergsund Vote: AYES: Unanimous Mayor Bass read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING A TRAFFIC IMPACT MITIGATION IMPROVEMENT FUND" MOTION: Moved: Vote: to pass first reading, to be amended at second reading Bergsund, Seconded by Hanson AYES: Unanimous 12. SASM PIPELINE (Approval of Easement and Project Conditions) ~own Manager Kleinert reviewed the proceedings at the last Council meeting ~ting SASM was to work with Town Staff in regard to the conditions of _pproval for the Easement and Use Permit. After two meetings with SASM representatives the conditions were drawn up. Since that time the conditions have been revised. The revised conditions were presented to the Council. Mr. Ed Nute, design engineer, reviewed the modified conditions which were: #1 - stating the easement would be surveyed after the pipe is installed and not before it is installed. TOWN COUNCIL MINUTES #546 NOVEMBER 10, 1980 PAGE ONE #6 - stating SASM will maintain the rip-rap in all areas where the pipeline is located under the bike path. #7 - stating that delivery of the' pipe for reclaimed water shall be based upon written requests from SASM to Tiburon and shall coincide with the SASM contractors' work schedules. #10 - It was added "or repair due to settlement of the trench after the construction is completed". Council also asked that in #10 it be added that SASM will maintain the path in all locations where the pipe will be placed. #ll.- The sentence was changed to read liThe Town Engineer will review the SASM plans and specifications for compliance #12 - Was changed to reflect that SASM will use 2" AC paving for the contractor's storage and to include that Tiburon will get permission to use the area for a storage area from CAL/TRANS at least one month prior to advertizing for bids by SASM. Town Engineer Bala stated this storage area should be 2" blacktop with a 6" rock base and bermed. 15(a) Was changed for flexibility of location for the storage area. #16 - \vas changed to reflect that any excess dirt shall be formed into mounds in the park as determined by tie Town, 30 days prior to bid advert~~t Councilman Bergsund asked that only usable dirt be mounded, no rubble. #20 - Jvas deleted entirely Mr. Nute reviewed the changes in the project description. Council expressed their feelings that SASM should repair the entire ri~-rap and not just the sections where the pipeline is laid under the bike path. Mr. Rich Chinn stated he does not know what the length is of the rip-rap that is need of repair. Mr. Chinn stated SASM's concern is over the long range maintenance of the rip-rap. Town Engineer Bala stated the rip-raD should be repaired and maintained by SASM, and if repaired properly, it could possibly be 20 years before SASM has a maintenance problem. Council directed the Town Engineer and Supt. of Public Works to meet with SASM representatives to walk the shoreline to determine those areas requiring added shoreline protection. nuncilman Bergsund suggested in sections where it states the bike path will be restored, it should be changed to read "all multi-use path improvements shall be restored, i.e. benches, striping, etc. Council felt a storage area on the waterfront by Greenwood Beach Road would be too close to a residential area and asked that 15(a) be deleted. Council specified the hours of construction be limited to 7:30 AM through 7:30 PM, five days a wee~ and construction otherwise not permitted shall be to the Town Engineer's discretion. Town Manager Kleinert stated SASM would need permission from the Belvedere Tennis Club to trim their trees, to allow for the temporary bike path. Council directed staff to draw up a resolution granting the easement and revise the conditions as amended so the Mayor can be directed to execute the agreement. This item was ag~ndized for the December 3, 1980 meeting. 15. MAR WEST CIRCULATION MODIFICATIONS (Consideration of Staff Recommendation regarding vacating street) Town Manager Kleinert stated the Council directed Staff to look into the possibility of vacating Mar West Street and cul-de-sacing it in the vicinity of the Tiburon peninsula Club. The Town Engineer has reviewed the possibility, and feels the advantages far exceed the disadvantages. The Town Attorney has looked into the ~gal aspects of vacating a street. The Council would first have to set a time and date for a public hearing and indicate the precise location of where the TOWN COUNCIL MINUTES #546 November 10, 1980 PAGE TWO the street would be cul-de-saced. Councilman Edelstein questioned if this cul-de-sacing would require an amendment to the Town's Circulation Element. Councilman Edelstein chen read Section E.2(c) of the Circulation Element which addresses the Beach Road Extension, and stated this cul-de-sacing should be conditional upon the completion of the Beach Road extension. Mayor Bass suggested the Planning Commission consider this matter and give their findings and recommendations to the Town Council. Councilman Edelstein questioned whether a focused EIR should be prepared for this proposal. Deputy Town Attorney Ragghianti stated the Council could approve a negative declaration of environmental impact with mitigations measures attached. Council tabled this item to their first meeting in February to give the Planning Commission time to consider this matter. Mr. Phil Woodward, President of the Tiburon Peninsula Club, requested that he be notified of the Planning Commission meetings. 13. ZONING ORDINANCE (Funding Authorization for updating, modifying and printing of Ordinance No.9 N.S.) Town Manager Kleinert stated he feels that Council may want to con- sider modification of our present zoning ordinance to include new legislation or prepare and adopt a totally new zoning ordinance. Town Manager Kleinert suggested that someone familar with our community and the zoning ordinance should revise, the o~dinance, and work with a committee of Town Council members and the Planning Chairman. Town Manager Kleinert suggested obtaining Martha McCart to work on these revisions. Council expressed their concern over a conflict of interest as Martha McCart is actively planning developments in Tiburon. Council stated the alternatives would be either having staff rewrite the ordinance, or hiring another consultant. Deputy Town Attorney Ragghianti suggested that the Housing Element be amended at the same time as the zoning ordinance as the Town is required to provide provisions for certain types of housing by 1981. Director of Community Development Hanna stated it is difficult to get a project through in the one year time limit and suggested a set of standards be drawn up so applicants can avoid delays in the hearing procedure. Council directed the Town Attorney and Director of Community Development to prepare a draft set of guidelines of the revisions needed to the zoning ordinance and housing element so it may be presented to consultants for estimates and direction. 16. OPEN SPACE PROPERTY (Proposal to Exchange/Sell Town Open Space Property - Ward) Town Manager Kleinert stated this item is to consider a proposal of exchanging or selling a parcel of Town owned open space property. The Town property involved would be the Reed Ranch Road property, and the Town Engineer has looked at the property and feels two lots could be created. This property borders the Tam District property on one side and residential development on the other. The Town has requested that the two proposed lots be appraised. Town Manager Kleinert stated if two parcels could be created, he would personally be interested in attempting to purchase one from the Town, as the Council has indicated their desire to have the Town Manager live in Tiburon. Town Manager Kleinert stated if the Council is interested in pursuing this matter, the Town Engineer should be directed to draw up the parcel map to create the two parcels. ~ Juncil asked what the status is on the Tam District property. Town clanager Kleinert stated the Districtwould like to sell the property, and requests -that if the Town is not interested in purchasing the property a letter be sent to that affect. MOTION: Moved: Vote: to approve staff's recommendations Rockey, Seconded by Hanson AYES: Unanimous TOWN COUNCIL MINUTES #546 NOVEMBER 10, 1980 PAGE THREE Iv. MCCMC MARIN CITIZENS LEAGUE (Select possible Candidates to Serve on Interim Board) Council directed staff to investigate the final date to submit names and any restrictions as to who and who cannot serve on this board, and report back at the November 19, 1980, regular meeting. x. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Bass adjourned the meeting at 11:22 PM, Monday, November IO, 1980, sine die. TOWN COUNCIL MINUTES CALL TO ORDER Mayor Bass called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 PM, Wednesday, November 19, 1980, in the Town Council Chambers, Reed School, Room 9, Tiburon, CA. I . ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein (7:55PM), Bergsund, Hanson Rockey, Bass 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 Deputy Town Treasurer Nadritch, Town Treasure: Knight II. APPROVAL OF MINUTES #543 - October 15, 1980 These minutes were continued to the next regular Council meeting. #544 - October 23, 1980 Page 3, Adjournment, change Mayor Bass to Vice Mayor Hanson Page 1, AlternativeA.add "The cost of this alternative is $1,700,000 Page 1, Alternative B add "The cost of this alternative is $2,400,000 Page I, Alternative C add" The cost of this alternative is $3,000,000 MOTION: Moved: Vote: to approve minutes #544 of October 23, 1980, as amended Rockey, Seconded by Hanson AYES: Bergsund, Rockey, Hanson ABSENT: Edelstein ABSTAIN~ Bass #545 - November 5, 1980 Page 3, Item 7, second to last line change on to not. MOTION: Moved: Vote: to approve minutes #545 as amended Rockey, Seconded by Hansen AYES: Bergsund, Hanson, Rockey, Bass ABSENT: Edelstein III. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS Councilman Hanson repo~ted on a meeting with ~ Staff on the South of the Knoll project. During this meeting changes were made in the documents to be sent out to other landscape architects for bidding. Town Manager Kleinert reported the Town has obtained a time extension from the State to January 1, 1981. In the bid documents to other consultants the Civil engineering has been deleted, which will be done by the Town Engineer, only the design will go out to bid. IV. APPOINTMENTS TO COMMISSION BOARDS AND COMMITTEES There were none at this time. V. PUBLIC QUESTIONS AND COMMENTS There were none at this time. VI. CONSENT CALENDAR Council requested item 15 moved to the Consent Calendar. Council- man Edelstein asked that Item 5, HOUSING ELEMENT REVISIONS, be taken off the Consent Calendar for discussion. MOTION: to approve the Consent Calendar consisting of: TOl~ COUNCIL MINUTES #547 NOVEMBER 19, 1980 PAGE ONE 3. FINANCE REPORT (October 1980) 4. POLICE REPORT (October 1980) 6. TIBURON SCHOOL SENIOR CITIZENS PROJECT (Town Designation as "Bradley House" - Resolution) 15. CAPITAL EQUIPMENT REPLACEMENT PROGRAM (Trial Rental of Copier to allow determination of possible lease/purchase) 16. RESOLUTION OF INTENTION (Add new zoning classification RPD-4) Moved: Vote: Rockey, Seconded by Hanson AYES: Unanimous VII. PUBLIC HEARINGS 7. MASTER PLAN (La Cresta, Via Los Altos, Ordinance 1st reading) This item was continued to December 3, 1980. 8. PREZONING (La Cresta, Via Los Altos, Ordinance lst reading) This item was continued to December 3, 1980. 9. MASTER & PRECISE PLAN (Chocolatiers - 82 Main Street, Ordinance 1st reading, Resolution) Director of Community Development Hanna stated this application is for the serving of coffee, pasteries, crepes, etc. As the applicants will be serving food it is required to come to the Planning Commission and Town Council as a Master and Precise Plan amenqment. The applicants are proposing to have four tables inside and eight tables outside. The outside tables will only be used during good weather. The Planning Commission felt due to the size and operation of the business, this use would be acceptable and recommended approval to the Town Council. The Planning Commission did add to the Master and Precise Plan a condition whereby if there are any problems with the use, it could be brought back to the Town Council for amendments or have the use permit revoked. The applicants are asking that they be allowed to operate this weekend, and staff recommends that they be allowed to operate inside. Mayor Bass opened the public hearing. Mrs. Barbara Romero, applicant, spoke on the application and the types of services they will be offering. Mrs. Romero stated the outside tables will be used from 11 AM to 6 PM and the inside will be open from 8 AM to 6 PM. Councilman Bergsund questioned item 6 of the ordinance which stated the use shall be subject to review. Director of Community Development Hanna stated it will be reviewed as needed. Council questioned whether additional parking would be required for the added outside use. Director of Community Development Hanna statedhe felt only two additional parking spaces would need to be provided for the outside use because of the limited hours of operation in the summer months only. Mr. Fred Zelinsky, landowner, stated this business would be a wonderful addition to downtown Tiburon and that the tables and chairs would not encroach onto the sidewalk. Mr. Bob Marcus, Vistazo East, stated his family is anxious for the business to open. Mayor Bass closed the public hearing. MOTION: Moved: Vote: to read by title only Rockey, Seconded by Hanson AYES: Unanimous Mayor Bass read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A MASTER PLAN FOR 82 MAIN STREET". Council corrected the address from 92 to 82 Main Street in Section 1 of the Ordinance. Moved: Vote: to approve first reading to include permission to operate the shop this weekend with tables inside onl~ Rockey, Seconded by Bergsund AYES: Edelstein, Bergsund, Hanson, Rockey, Bass NOES: None MOTION: TO~VN COUNCIL MINUTES #547 NOVEMBER 19, 1980 PAGE TWO 10. TREE ORDINANCE (Recommended Revisions by Planning Commission, Ordinance lst reading) Director of Community Development Hanna stated this item has been before the Planning Commission on several occasions. The tree Ordinance is being revised at the request of the Board of Adjustments. The major change deals with the distribution of costs. In the present Ordinance the complaintant would pay for the cost of removal or trimming the tree in question. The Planning Commission recommends that the costs can be more equitably distributed. In certain situations the tree owner could be required to pay the cost. The discretion of who is to pay is up to the BAR. There is a section dealing with heritage trees and a section prohibiting the planting of certain trees. Councilman Edelstein asked that oak trees bE considered as heritage trees, as recommended in a petition letter to the Council by the Round Hill/ROlling Hills POA. Director of Community Development Hanna stated oak trees were left out of the listing of heritage trees becuase the Planning Commission felt there maybe some oak trees that may be appropriate to cut or trim. Council made the following amendments to the proposed Ordinance: Section 15-19. Definitions. Tree Owner: The record owner of the real property on which the subject tree is located. Section 15-21. Notification of Hearing. Change the second sentence to read "The Director of Community Development shall give at least ten (10) days notice of the hearing by certified mail, return receipt requested, to the tree owner, as shown on the last equalized tax roll of the County of Marin, and the complainant ......" Section 15-24. Delete the first sentence in the last paragraph. and place "The Town shall not be required to pay for improvements of the view from any private property unless so determined by the Town Council". Section 15-25. Change the last paragraph to read "Upon the expiration of ninety (90) days of the appeal period the continued maintenance of the tree without correction as prescribed by the Board of Adjustments or Town Council shall constitute a public nusiance which may be enjoined or abated as provided by law~. Council directed the Town Attorney to prepare the wording for this paragraph. Deputy Town Attorney Ragghianti stated this would allow for a civil case and not a criminal case so that a jury trial would not be necessary. Mayor Bass opened the public hearing. Mr. Wortsman, 50 Seafirth, asked if a heritage tree could be trimmed. Director of Community Development Hanna stated it could be trimmed, provided a permit is taken out. Ann DeMartini, Vista Del Mar, questioned if a fee would have to be paid if the tree was a hazard and she wanted to complain. Director of Community Development Hanna stated the fee would be refunded by the tree owner if the BAR determines it appropriate. Beverly Marcus, Vistazo East, stated she believesvery strongly in a tree ordinance, it is the last resort to use if neighbors cannot agree on tree problems. She asked what would happen if a neighbor did not abide by the Board's ruling. Deputy Town Attorney Ragghianti stated the penalty would be abatement of the tree. Deputy Town Attorney Ragghianti stated his opinion that this ordinance would be difficult to defend in court. Mayor Bass stated the Town does not have the money or resources to pay an attorney to enforce th~'ordinance in court. He questioned whether it could be possible to provided that the prop- ertyowner would have a right to enforce the ordinance in court. Mrs. Marcus asked if the Town finds a private tree is obstructing a public or Town view, may the Town ask the citizen to remove the tree. Director of Community Development Hanna stated "yes" the Town could require a citizen to remove or trim a tree. Mayor Bass closed the public hearing. Councilman Bergsund felt that Section 15-25, Appeal and Remedies, the Town Council, as the elected officals, should hear any appeals from the BAR. Councilman Edelstein stated that in many communities the appeal does not go to the elected body, and that appeals should be 'T'mVN cmmeTT, MTNTT'T''RS :l!t;47 l\TnUl<'M'Ql<''O 1 a 1 a Q () n 7\ I""'L' mYTTYT':"T:1 judged on their merits and sometimes appointed officals are better judges. Mayor Bass stated to apply an ordinance such as this tree ordinance he does not believe the final decision should be given to the Planning Commission. Councilman Rockey stated he felt the appeal should come to the Council because the Council meetings are better staffed than the Planning Commission, i.e. attorney. Councilman Hanson agreed the Council should hear any appeals. Council amended Section 15-25 to require the Town Council to consider appeals rather than the Planning Commission. Councilman Edelstein asked that oak trees be treated as heritage trees and placed under that section of the ordinance. Council directed staff to prepare a separate resolution covering heritage trees and that it be an attachment to the tree ordinance. COllncil also directed Staff to review other cities'tree ordinances concerning heritage trees. Section 15-28 was amended to read that the Director of Community Development will issue permits to remove or alter heritage trees. MOTION: Moved: Vote: to read by title only Rockey, Seconded by Hanson AYES: Unanimous Mayor Bass read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING ARTICLE III OF TITLE IV., CHAPTER 15, OF THE TIBURON MUNICIPAL CODE BY REVISING THE HEARING PROCEDURES CONTAINED THEREIN." MOTION: Moved: Vote: to pass first raading as amended Rockey, Seconded by Hanson AYES: Edelstein, Bergsund, Hanson, Rockey, Bass NOES: None III. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS Town Treasurer, Geoff Knight, stated the Town has successfully made its transition from the computer system in Corte Madera to the Bank of America's computer system, have successfully completed the annual audit with our new auditors, and had a record investment year with earnings of $106,000 in interest. The Town is currently changing to a modified cash accrual system. Mr. Knight stated the Town is in tremendous shape financially. Mr. Knight gave special recognition to Deputy Town Treasurer Alan Nadritch. Mayor Bass presented Town Treasurer Geoff Knight with his annual salary, and the Council commended him for his fine efforts. 11. MASTER PLAN (Gilmartin Drive, Chan & Tai, Ordinance 2nd reading) Director of Communi~y Development Hanna stated this matter before the Council is for Master Plan approval for a proposed 10 unit subdivision. The Town Council at the initial hearing received recommendations from the Planning Commission that the Master Plan be approved for 7 units. At the last Council meeting, during first reading of the ordinance, Council noted the zoning of the property would allow for a maximum of 6 units and directed staff to prepare an ordinance approving 6 lots with the possiblity of 7 if the mitigation measures were met by the applicant. Councilman Edelstein read the minutes of the November 5, 1980, regular Council meeting in regard to condition 3(a) and asked that the ordinance be changed to reflect this amendment. Councilman Bergsund noted that in condition 3(m) it should be changed to read "All retaining walls shall be poured, textured, colored concrete", eliminating "that follows the natural contour of the land as closely as possible". Mayor Bass opened the public hearing. Mr. Pearson, attorney for the applicants, stated the applicants still feel they are entitled to IO lots. He stated the applicants will have to redistribute the lots on the property. Being no further response, Mayor Bass closed the public hearing. TOWN COUNCIL MINUTES #547 NOVEMBER 19, 1980 PAGE FOUR MOTION: to adopt second reading of the Ordinance approving the Chan & Tai Master Plan Moved: Edelstein, Seconded by Bergsund Mayor Bass stated while the applicant feels the one year time limit has run and therefore they feel they are entitled to 10 lots, the Council has been advised that the one year has not run and based upon the EIR and findings of the Planning Commission and Town Council, it is the opinion of the Town Council that this property being unstable and in a difficult soils area, the land cannot support anything more than 6 units. Vote: AYES: NOES: Edesltein, Bergsund, Hanson, Rockey, Bass None 12. TRAFFIC FUNDS FOR TIBURON BOULEVARD IMPROVEMENTS (Ordinance, 2nd reading) Director of Community Development Hanna stated first reading of this ordinance was held at the last Town Council meeting and Council directed staff to modify the ordinance by deleting the section regarding refunding of money, and better describe the area of improvements. The Town Engineer has revised his figures to $1,974 per residential unit, $10.44 per gross square foot of retail, and $4.12 per gross square foot of office space. Councilman Edelstein again suggested other uses which generate traffic be included in the ordinance, i~e. restaruants, bars, etc. Councilman Edelstein also suggested that the fees be removed from the Ordinance and that a separate resolution be passed for the fees. Council deleted a, b, and c of Section 4. Council amended the last paragraph of Section 4 to read "The amount of said fees shall be adopted by Resolution of the Town Council and amended from time to time for the purpose of reflecting changes in construction costs. The amount of said fees shall be in proportion to the traffic generated by the respective use. Town Engineer Bala stated it would be difficult to estimate the costs of different businesses as suggested by Councilman Edelstein, as he would have to assume how many different businesses the Town will have and how many single family residences. Councilman Hanson questioned if Belvedere would participate in this fund. Town Engineer Bala stated no~ Council amended Section 2, paragraph (e) to read "Traffic studies have demonstrated that at full build-out.....". Deputy Town Attorney Ragghianti asked that in section 5, "Refunds" be deleted from the heading. He also asked the the second sentence of the first paragraph be changed to read "The money in said fund shall be segregated from other Town funds and shall be expended solely for the construction of improvements to Tiburon Boulevard within the Town limits". MOTION: pass second reading and that the rrodifications will come back for approval of the wording. Moved: Vote: Rockey, Seconded by Hanson AYES: Edelstein, Bergsund, Hanson, Rockey, Bass NOES: None 5. HOUSING ELEMENT REVISIONS (Proposed Schedule for Revisions) Councilman Edelstein questioned who the Legal Aide Society is. Deputy Town Attorney Ragghianti stated they are a non-profit organization in Marin County. The Legal Aide Society is staffed by one attorney and one planner and have a Board of Directors which includes one member from the Marin County BAR. The Legal Aide Society is funded by BUCK Foundation money. The Planner and Attorney have gone to each city in. the County and offered services for updating the housing element. Council- man Edelstein suggested that the Town Attorney apprise the Planning Commission and Town Council of the effects of the new state regulations with a joint workshop to go over the legislation. Councilman Edelstein stated proposals have been sent out for the Housing Element update and suggested the consultant be part of the joint workshop meeting. Town Manager Kleinert suggested the first week in January to hold the wOEkshop. TOWN COUNCIL MINUTES #547 NOVEMBER 19, 1980 PAGE FIVE 15. MCCMC MARIN CITIZENS LEAGUE (Select Possible Candidates to Serve on Interim Board) Councilman Edelstein and Mayor Bass expressed their concerns about the proposed formation of a Citizens League, and stated they favored the recommendation of Novato to not support such an organization. Mayor Bass suggested the Council rescind their prior vote to support the Marin Citizens League. Mayor Bass stated Marin has an extremely responsible Board of Supervisors which is very responsive to democratic and community concerns. He did not see a need for such an organization and another layer of government. Councilman Bergsund stated the Town of Tiburon had already given its approval to the concept and that significant work had already gone into its formation, the Town should let it proceed and see what might develop. Mayor Bass expressed his concern that the committee would not be responsive to the electorate. Councilman Rockey stated there is no electorate with control over the distribution of BUCK Foundation money and perhaps the Marin Citizens League would create a broad based influence on the BUCK Foundation funding. Councilman Edelstein suggested Council postpone its decision whether to continue support or not. He suggested this decision be postponed until the Council has an opportunity to meet with the present and future Supervisor. Council suggested the Town Manager contact Dan Beswick, Denis Rice, Frank Evans and Tom Price to see if they would be interested in serving on the Interim Board, and also ask for an extension of the nomination deadline of December 1, 1980. IX. STAFF REPORT, COMMUNICATIONS AND TOWN MANAGER ITEMS Council discussed the Ring Mountain review process and stated they did not favor the review Board as suggested by Supervisor Rice. Council stated they would rather see the project reviewed like the La Cresta project. X. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Bass adjourned the meeting at 11:25 PM, Wednesday, November 19, 1980, sine die. TOWN COUNCIL MINUTES #547 NOVEMBER 19, 1980 PAGE SIX MINUTES TOWN COUNCIL -.. CALL TO ORDER Mayor Bass called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 PM, Wednesday, December 3, 1980, in the Town Council Chambers, Reed School, Room 9, Tiburon, California. I . ROLL CALL PRESENT: COUNCILMEMBERS: Edelstein, Bergsund, Hanson, Rockey, Bass EX-OFFICIO: Town Manager Kleinert, Town Attorney Conn, Town Engineer Bala, Chief of Police Bailey, Director of Community Development Hanna, Supt. of Public Works Brunini, Minute Clerk Stultz II. APPROVAL OF MINUTES #543 - October 15, 1980 Page 3, Item 5, moved last sentence in first paragraph to second paragraph after the sentence "Mayor Bass asked if Mr. Littman would be willing to exchange the previously dedicated pedestrian easement for one following the 80-90 degree contour line". MOTION: Moved: Vote: to approve minutes #543 as amended Hanson, Seconded by Rockey AYES: Unanimous #546, November 10, 1980 MOTION: Moved: Vote: to approve minutes #546 as presented Bergsund, Seconded by Hanson AYES: Unanimous #547 - November 19, 1980 MOTION: Moved: Vote: to approve minutes #547 as presented Rockey, Seconded by Bergsund AYES: Unanimous III. TOWN COUNCIL, COMMISSION AND COMMITTEE ORAL REPORTS Councilman Bergsund reported that she has spoken with Belvedere City Manager, Sandra Marker, about Belvedere's participation in the Harbor Carriers rate increase matter. She stated Belvedere is willing to participate. IV. PUBLIC QUESTIONS AND COMMENTS Town Manager Kleinert introduced Mr. Clark Danielson who has been hired as an Administrative Intern for the Town for a period of six months. Town Manager Kleinert reported in regard to item #7 on the agenda (Tree Ordinance) the Council has received the amendment to Section 15-25 (Appeals and Remedies) and the Town Attorney's suggested revisions. In regard to Item #8 (Appeal of B.A.R. Decision, 5 Miraflores Lane) Council has received excerps from the B.A.R. meeting minutes. Regarding Item #9 (Order to Show Cause) Town Manager Kleinert recommended this item be continued to the January 7, 1981, regular meeting, stating the owner, contractor, Town Engineer and Supt. of Public Works has recently met at the property and the property owner has obtained an encroachment permit application. The owner states the work should be done within two weeks. Town Manager Kleinert stated if the work is done to the satisfaction of the Town by the end of the month this item will be removed from the 1/7/81 agenda. TOWN COUNCIL MINUTES #548 DECEMBER 3, 1980 PAGE ONE V. CONSENT CALENDAR MOTION: to approve the consent calendar consisting of: 1. NO PARKING ZONE (Lyford Drive - West, Resolution #1122) 2. NO PARKING ZONE (Between 2105 Mar East & Paradise Drive, Resolution #1123) Moved: Vote: Rockey, Seconded by Hanson AYES: Unanimous VI. PUBLIC HEARINGS 3. ESTABLISH NEW ZONING DISTRICT (RPD-4, Ordinance 1st reading) Director of Community Development Hanna stated the Planning Commission has considered the request of the Town Council to establish a new zoning district filling the gap between the RPD-l and RPD-3 zoning districts. The Planning Commission recommends the Council adopt an RPD-4 zoning classification which would allow for a flexible zoning of 1 unit per 2 acres to a zoning of 1 unit per 10 acres. This zoning district would have the same procedures, definitions, purposes and regulations as the RPD-l zoning district. Mayor Bass opened the public hearing. Being no response, Mayor Bass closed the public hearing. Councilman Bergsund asked if this additional zoning district would :omplicate the process for staff and questioned if it would be easier to modify one of the present zoning districts than to create a new district. Director of Community Development Hanna stated it would be - more difficult to change a present zoning classification than create a new one, as you would be modifying the zoning of property already zoned. Councilman Hanson questioned what the guidelines would be for determining the number of units to be placed on property zoned RPD-4. Director of Community Development Hanna stated the EIR would be the guideline. MOTION: Moved: Vote: to read by title only Edelstein, Seconded by Hanson AYES: Unanimous Mayor Bass read "AN ORDINANCE OF THE TOWN OF TIBURON AMENDING ORDINANCE NO 9 N.S., THE ZONTNG ORDINANCE, BY ADDING SECTION 10.4.1.2, WHICH IS A NEW ZONING CLASSIFICATION ENTITLED RESIDENTIAL PLANNED DEVELOPMENT AND OPEN SPACE (RPD-4) MOTION: Moved: Vote: MOTION: Moved: Vote: approve first reading Edelstein, Seconded by Hanson AYES: Edelstein, Bergsund, Hanson, Rockey, Bass NOES: None approve negative declaration of environmental impact Bergsund, Seconded by Rockey AYES: Unanimous 4. PREZONING (La Cresta, Via Los Altos, Ordinance 1st reading) Director of Community Development Hanna stated the recommended prezoning for this property is the new proposed RPD-4 zoning district. Mayor Bass opened the Public Hearing. Being no response, Mayor Bass closed the PubLic Hearing. Mayor Bass asked what the County zoning is of the property. Mr. Tom Newton, the applicants representative, stated it is presently zoned RMP - D.I, which allows 1 unit per 10 acres. TION: Moved: Vote: read by title only Rockey, Seconded by Bergsund AYES: Unanimous Mayor Bass read "AN ORDINANCE OF THE TOWN OF TIBURON PREZONING NANA ENTERPRISES PROPERTY RPD- 4" . MOTION: Moved: Vote: approve first reading Rockey Seconded by Bergsund AYES: Unanimous 5. MASTER PLAN (La Cresta, Via Los Altos, Ordinance 1st reading) Director of Community Development Hanna stated this is a master plan ~pplication for 87 acres which will gain access from Via Los Altos Road. rhe master plan has been before the Council and at first reading the - Council sent the application back to the Planning Commission for refinment of the conditions of approval. The property is presently in the County and the applicant will initiate annexation proceedings to the Town. The Precise Plan must also be approved by the Town. The Planning Commission has added conditions to make the ordinance more thorough. Condition #13 of the ordinance which deals with moderate income housinG was discussed and the Planning Commission felt an in lieu fee would be-appropriate as the property is not well located for moderate income units being removed from transportation and shopping. The Planning Commission discussed the amount of the in lieu fees per unit, but did not come up with a unanimous decision in this regard. Director of Community Development reviewed the formula used by the Marin County Housing Authority which results in an in-lieu fee of $40,000 per unit. Director of Community Development Hanna also suggested that the last sentence of condition 16 be a separate condition, condition #17. Number 17 would be 18 and so on. Mayor Bass opened the Public Hearing. - Mr. Tom Newton stated changes 17, 18 and 19 were acceptable. In regard to the in-lieu fees he does not know what the appropriate fee would be 'Jut expressed his concern that the Housing Authority's formula does not take into consideration the cost of land. Being no further response, Mayor Bass closed the Public Hearing. Councilman Rockey suggested the staff recommendation of requiring in lieu fees be adopted and a committe~ be appointed to work with Staff and the applicant, and that committee come back to the Council with a more definitive recommendation for condition 13. Councilman Rockey and Bergsund were appointed to this committee. Councilman Bergsund stated in regard to condition #6, she did not feel construction should be allowed on Saturdays unless under special circumstances. Council amended condition #6 to read "construction, including the starting of equipment, shall be limitec to between the hours of 7:30 AM and 4:30 PM, Monday through Friday, provided that Saturday work may proceed upon special circumstances approved by the Town Manager". Councilman Bergsund questioned if it is possible to have this project contribute to the Tiburon Boulevard Traffic impact improvement fund when the project is out of Town limits. Mr. Tom Newton stated the applicant has already agreed to the contribution. MOTION: Moved: Vote: to read by title only Rockey, Seconded by Hanson AYES: Unanimous Mayor Bass read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TO~1N OF TIBURON APPROVING THE MASTER PLAN FOR THE DEVELOPMENT OF 87 ACRES OFF VIA LOS ALTOS ROAD" MOTION: Moved: Vote: pass first reading as amended Hanson, Seconded by Rockey AYES: Edelstein, Bergsund, Hanson, Rockey, Bass Councilman Edelstein questioned the applicant if their intention is to have the units designed by the precise plan stage. Mr. Newton stated "yes". Councilman Edelstein asked the applicnat if they would agree to provide much of the individual building design at the precise plan stage and not simply the general land development. Mr. Newton stated that would be agreeable if it would apply to one phase at a time. Councilman Edelstein suggested the approval of the individual buildings be done by the B.A.R., Planning Commission and the Council. MOTION: if the developer proposes to develop the property in phases after precise plan approval, those phases shall contain no more than 7 and no less than 3 units. At the time of the approval of each phase specific building design shall be submitted for approval by the BAR, Planning Commission and Town Council. Edelstein, Seconded by Bass AYES: Unanimous Moved: Vote: 6. MASTER & PRECISE PLAN (Chocolatiers, 82 Main Street, Ordinance 2nd Reading, Resolution) Director of Community Development Hanna stated at first reading of the Master Plan Council questioned if additional parking would be required for the additional outside uses. Mr. Hanna stated Mr. Zelinsky's lot is a day/night parking plan and with the addition of Ark Row there is still sufficient parking not allocated that could be used. Mayor Bass opened the Public Hearing. Being no response, Mayor Bass closed the Public Hearing. MOTION: Moved: Vote: to approve second reading Bergsund, Seconded by Rockey AYES: Edelstein, Bergsund, Hanson, Rockey, Bass MOTION: Moved: Vote: adopt resolution approving the precise plan Bergsund, Seconded by Hanson AYES: Unanimous 7. TREE ORDINANCE (Recommended Revisions by Planning Commission, Ordinance 2nd reading) Director of Community Development Hanna reviewed the modifications to the ordinance that were approved at first reading, stating the major change was that appeals would come before the Town Council and not the Planning Commission. Councilman Edelstein suggested that the appeals would come to the Council unless by Resolution the Town Council may delegate the hearing of the appeal to another Board. That would allow the Council at a later date to change the appeal hearing to another Board, by resolution and not by Ordinance if a change were deemed appropriate. Council also discussed a two step appeal process whereby the Planning Commission would hear the appeal first and make their recommendations to the Town Council, in the hope that a compromise could be reached at the Planning Commission level. Mr. Nat Marans, Spanish Trail Road, stated one Board or another should hear an appeal and a decision made as soon as possible. Mayor Bass stated one question from the last hearing was if an individual citizen could institute private civil action against a tree owner, if the tree owner did not comply with the Board or Council's decision, and the answer i~ "yes", and stated this would be the final enforcement. Mr. Marans expressed his concern over enforcement of this Ordinance. Mayor Bass closed the public hearing. Council amended Section 15-25 (Appeals and Remedies) to provide for the appeals to the Town Council unless specified by Resolution of the Town Council that another body will hear the appeal. Council also amended Section 15-28 (Permits) to read "Any person who wishes to remove or alter a heritage tree or remove an oak tree ........ Mr. Geiger, represent- ine the Round Hill/Rolling Hills POA, stated their association would like to see special consideration be given to live oak trees. MOTION: Moved: Vote: to approve the negative declaration of environmental impact Rockey, Seconded by Hanson AYES: Unanimous MOTION: Moved: Vote: pass second reading of the Tree Ordinance as amended Bergsund, Seconded by Edelstein AYES: Edelstein, Bergsund, Hanson, Rockey, Bass Mayor Bass called for a recess at 9:20 PM and reconvened the meeting at 9:30 PM. 8. APPEAL OF B.A.R. DECISION (5 Miraflores Lane) Director of Community Development Hanna stated this is an appeal of a ~.A.R. decision on the design of a single family dwelling. During the 'iginal consideration of this home, story poles indicated the proposed iouse would obstruct the view of the existing home above. The B.A.R 19gested moving the building envelope forward (downhill) on the lot. The dpplicant came back with a revised building envelope 10' lower on the lot and reduced the height of the roof 8'3". During the consideration of the home the Board indicated that they felt the home was too massive and bulky and felt the applicant could redesign the home. The applicant requested that a final decision be made and the B.A.R. unanimously denied the application. To~m COUNCIL MINUTES #548 DECEMBER 3, 1980 PAGE FOUR Mayor Bass asked how far from the street would the proposed home be. Director of Community Development Hanna stated approximately 30'. ~ayor Bass asked how high from the driveway would the roof be? Director of Community Development Hanna stated the driveway is at 273' and the roof line is at 299'9". Councilman Bergsund asked if at the first meeting the matter of size and bulk were discussed and mentioned. Director of Community Development Hanna stated "yes". Mayor Bass opened the public hearing. Mr. McCaskill, applicant, stated he has modified the home from the first application and now the back of the home is at 295' and the retaining wall has been eliminated that was originally proposed to be 8~' - 9' in height. Mr. McCaskill stated he had made three very significant chancres from the first proposal: 1) he moved the house closer to the street,- 2) he revised the driveway and 3) he moved the home closer into the hill. Mr. McCaskill stated the Director of Community Development said the home had only been slightly tucked into the hillside. Mr. McCaskill stated the original home had no more than a slight cut into the hill and no significant retaining wall, the new proposal has a 5' retaining wall. Mr. Mccaskill stated there was a mistake on his building envelope in regard to the view angle to the home at 378 Avenida Miraflores. The original elevation allowed was 313' and his original design presented a maximum height elevation of 308'. When story poles were erected, it was determined the uphill homes first floor level was 6' below his proposed roof line. Because of that fact Mr. McCaskill moved his building envelope 10' downhill, changed the pitch of the roof from 5x12 to 4x12 which took 15" off the height of his roof. Mr. McCaskill stated the design of the second proposal is the same as the first except for the roof. Mr. McCaskill stated in appealing the Board decision he is contesting that the Board failed to interpret his presentation properly and the Board attempted to dictate the design of his hOMe. He stated the Board felt that his house stands out too far from the hillside. He stated Board member Malott said the facadeis massive and he felt the upper level should be stepped back from the lower level 6', and that a motion was made approving the home with the condition that the upper floor be mov2d back 6' from the lower level, but that motion died. Mr. McCaskill stated his home has 3,223 sq. ft. of living space which makes it the smallest home in the subdivision, the living area is spread over two floors as all other homes in the subdivision and that his ground coverage is 2,433 sq. ft. including decks, the exterior material is redwood and is consistent with the other homes in the area. Because of the absence of the Homeowner's Association Leonard Cahn, acting as the review board, approved the design of the home. 1r. McCaskill then presented slides of other homes in the area. Councilman Edelstein asked when the drawings were orginally prepared. Mr. McCaskill stated August 1980. Mr. Leonard Cahn explained the error in Mr. McCaskill's building envelope, stating the lot was moved from the ridge and put in the open space. 1ayor Bass asked when Mr. McCaskill purchased the lot. Mr. McCaskill stated March 1980. Mrs. Baskind, 178 Avenida Miraflores, owner of the home above Mr. McCaskills stated she has no quarrels with the design of the home, but she is concerned with the obstruction of her view. Ms. Martha McCart stated she went through the minutes of Planning Commission meetings and found about 10-12 hearings on building envelopes and major changes were make at the tentative map hearings to the top row of lots in the development and this is when this lot was moved to the open -"lace. Ms. McCart also stated the minutes reflected not all views uld be protected. 'uncilman Hanson asked Mrs. Baskind if she feels Mr. McCaskill has done his ~~st to accommodate her concerns. Mrs. Baskind stated she just does not want any greater view obstruction. Being no further comments, Mayor Bass closed the public hearing. Councilman Edelstein stated he feels the view obstruction matter has been corrected satisfactorily, but he agrees with the Board that more efforts should be made to reduce the bulk. Councilman Edelstein stated the home rp"",...___ _.....p-........_....."T" "'A'T'l\TTTmOC .u.c:.AQ nk'~k'MOk'O ~ loon D7Irk' t:'TUk' in the development maybe the smallest/but the designer has ended u~ w~th one of the longest, flattest facades, and stated it would not take/m~jor revisions as were 3uggested by the BAR to change the facade. Councilman Edelstein stated the facade could be changed by even enlarging th~ home and having some of the rooms protrude or recess. MOTION: to approve staff recommendation #3 (Deny the appeal but remand the matter back to the BAR in an attempt to work with the applicant to prepare a plan acceptable to the Board.) Moved: Edelstein, Seconded by Bergsund ~~~~~jl~~~/~~~~~t/~~~~~/~~~~/~~~/~~~~/~~~J~/~~/~~/t~1j~~/~~~/~J~~%/~% ~~~~~~t~~/~t/~~~~~jl~~~/~~~l~t~t~J//~~~~~tA~~~/~~~l~t~t~/~~~t~~/l~%~ t~~~/$;j~~~J Mayor Bass asked Councilman Edelstein to give a more definitive idea of what could be done to mitigate the bulk and mass of Mr. McCaskill's home. Councilman Edelstein stated the flat, unbroken facade, even though there are lines that indicate trim, could be broken up by protruding the living room even cantilevering; the entrance and greenhouse could be recessed, this would make the front wall move in and out and create shadows. Councilman Rockey stated he has no quarrel with the design of the home and that the home is in keeping with the neighborhood, and the applicant should be allowed to proceed with the building, Councilman Hanson agreed. Councilman Edelstein stated he did not feel it would be a hardship on the applicant to make the modifications to his plans as suggested tonight and urged the Council to approve staff recommendation #3. Councilman Rockey stated he did not think the BAR had to force the applicant to move his building envelope and what he (Rockey) got out of the BAR minutes was that the applicant and surrounding homeowner worked together to mitigate the view matter. Mayor Bass stated he supported the motion. Councilman Hanson asked Mr. McCaskill if he had any problems with the su~~ested revisions by Councilman Edelstein. Mr. McCaskill stated the ~~~~J~~ are on the side of the house, and the living room is already protruding 2' and the area around the door is recessed, but that he would be willing to work with the Board along the lines suggested MOTION: approve Staff recommendation #3 with the provisio that the applicant not be required to move the top floor back 6' or any number of feet, that the applicant work with the BAR to break up the facade by such means as protruding and reces~'ng elements to break up the mass and create shadows, etc, ~ jglines to be suggested by the applicant's designer and/~n p~esent general configuration ~~/~~~~J Moved: Edelstein, Seconded by Bergsund Vote: AYES: Edelstein, Bergsund, Hanson, Bass NOES: Rockey VII. BUSINESS 11. SASM SEWERAGE PIPELINE (Approval of Grant of Easement and Project Conditions) Town Manager Kleinert stated the Council's primary concern was that of shoreline protection. Subsequent to the meeting SASM, the Town Engineer, and Supt. of Public Works walked the shoreline to determine areas that rip rap is required. The conditions as presented tonight will need final cleaning up by the Town Attorney. Mr. Kleinert stated condition #6 could be eliminated as it is addressed in #7. SASM has built into condition #7 some indication of their definite responsibility of maintenance of the shoreline and feel the best wCo/ to indicate their area of responsibility would be in the form of an exhibit. Town Manager Kleinert stated in the last sentence of Condition #7 it should be added "in accordance with the alignment and extent as shown on exhibit ___ Deleted from #7 is 'The green belt located between Tiburon Boulevard and multi-use path is .Jt considered improved for this purpose)". Town Manager Kleinert stated -;f SASM violates any of the conditions the Town could revoke the easement ranted. Town Engineer Bala stated SASM understands they will maintain the shoreline in front of the Trestle Glen treatment plant, along McKegney Green and the full length of the bike path, except in the South of the Knoll area. Mayor Bass questioned SASM representatives what they are prepared to do immediately regarding repair needs. Mr. Tom Tobin stated SASM does not have alot of extra money, and SASM would like to protect those areas where TOWN COUNCIL MINUTES #548 DECEMBER 3, 1980 PAGE SIX the pipeline is ;tn immediC\te danger f1;'QID erosi9n, and protect the other areas at a later date. SASM feels they could get funding for those areas where the pipeline would be in danger. Mayor Bass stated his feeling that the $200,000 in needed shoreline repair is essentially cheap, the Town is allowing SASM to put the pipe under the bike path, which is the lowest cost route to SASM. Mayor Bass suggested that the Town sell the property to SASM. Mayor Bass stated he does not feel the Town is asking for all that much. Mr. Tobin stated he does not know if SASM has an extra $200,000. Town Engineer Bala reviewed the amounts of rip rap needed for the shoreline protection. Mr. Tobin stated SASM would like a map drawing a line where the Town wants SASM to maintain the pipeline. Mayor Bass suggested this matter be referred to the Public Services Committee. Town Engineer Bala stressed the importance of repairing the rip-rap before installation of the pipeline. MOTION: that the Town Council approve the conditions of the easement subject to the understanding that the final wording will be worked out and that the Committee of Councilmen Bergsund and Rockey will meet to consider refinements and report back to the Council with any recommended changes at the next regular Council meeting. Moved: Edelstein, Seconded by Hanson Councilman Edelstein suggested amending Condition #21 to read "Hours of contruction.shall be limited to 7:30 AM through 7:30 PM, Monday through Friday. No equipment shall operate before or after those hours. Vote: AYES: Unanimous 12. TIBURON BOULEVARD TRAFFIC IMPROVEMENT FUND Director of Community Development Hanna stated Council adopted the Ordinance at their last meeting with the condition that the fees be adopted by resolution. The proposed fees are: $1,974 for each new residential unit, $10.44/gross sq.ft. retail and $4.12/gross sq. ft. office. MOTION: Moved: Vote: to adopt:the resolution setting traffic impact fees Bergsund, Seconded by Hanson AYES: Unanimous VII. STAFF REPORTS, COMMUNICATIONS AND TOWN MANAGER ITEMS Town Manager Kleinert reported the deadline for nominating persons to the interim Board of Directors for the Marin Citizens League will probably be extended to February 1, 1981. Council asked that the Sanitary District #5 Plant Expansion be agendized for the 1/7/81 regular meeting. Council also asked Staff to determine what the Town may want for the easement. Town Manager Kleinert reported the Town Engineer would like to commence with the second phase of the Tiburon Boulevard drainage from the Fire House to Beach Road. The Town Engineer would like to be authorized to ask the utility companies to move their lines. Moved: Vote: authorize the Town Engineer to advise the utility companies to move their lines Hanson, Seconded by Edelstein AYES: Unanimous MOTION: Town Engineer Bala reported the FAU committee met and voted on -he five-year program. After a lenghty d~scussion, Tiburon Boulevard eceived an allocation of $480,000 to be used in 1981-82, and Tiburon Blvd./Trestle Glen received $300,000 to be used in 1981-82. Council directed Staff to contact Al Aramburu regarding this matter. SOUTH OF THE KNOLL WORKING DRAWINGS Councilman Edelstein suggested leaving the area flat to allow for flexible recreational uses stating the area is quite removed and a better location for allowing active recreation uses. Councilman Rockey stated his feeling that not all flat areas should be turned into soccer fields, Mayor Bass agreed. Councilman Rockey suggested the field be slightly undulated, the full Council agrees. IX. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Bass adjourned the meeting at 12:05 AM, Thursday, December 4, 1980, to Wednesday, January 7, 1981. ~A1.- PHILIP SS, Mayor Town 0 Tiburon ATTEST: R'L~~ER/CLERK TOWN COUNCIL MINUTES #548 DECEMBER 3, 1980 PAGE EIGHT