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Town Council Minutes #01-2021 January 20, 2021
TOWN COUNCIL REGULAR MEETING
MINUTES
Consistent with Executive Orders No. N-25-20 and N-29-20 from the Executive Department of the State of California and the County Public Health Department’s May 18, 2020 Shelter in Place Order, councilmembers attended this meeting by teleconference. Members of the public were
invited to participate in the meeting by live-streaming the meeting on the Town’s website and
submitting comments to comments@townoftiburon.org to be included in the public record for the meeting. Mayor Thier called the regular meeting of the Tiburon Town Council to order at 5:00 p.m. on
Wednesday, January 21, 2021.
ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Thier, Ryan, Welner
ABSENT: COUNCILMEMBERS: Kulik
PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Community Development Director Tasini, Senior Planner Fong, Town Clerk Stefani
ORAL COMMUNICATIONS Mayor Thier opened the floor for public comments and there were none.
CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes for September 2, 2020 special and regular meetings (Department of Administrative Services)
CC-2. Town Council Minutes – Adopt minutes for September 16, 2020 regular meeting
(Department of Administrative Services) CC-3. Town Council Minutes – Adopt minutes for October 7, 2020 regular meeting (Department of Administrative Services)
CC-4. Town Council Minutes – Adopt minutes for October 21, 2020 special and regular meetings (Department of Administrative Services) CC-5. Town Council Minutes – Adopt minutes for November 4, 2020 regular meeting
(Department of Administrative Services)
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CC-6. Annual Development Fee Report – Receive annual report on the status of Tiburon’s Development Impact Fees pursuant to California Government Code (Community
Development Department) CC-7. Old Rail Trail Maintenance Project – Accept project as complete and direct staff to file a notice of completion (Department of Public Works)
CC-8. Investment Summary – Adopt investment summary for month ending November 30,
2020 (Department of Administrative Services) CC-9. Vacancies on Town Boards, Commissions, and Committees – Announce pending vacancies for 2021 (Department of Administrative Services)
CC-10.Heritage & Arts Commission Special Vacancy – Announce special vacancy on the Heritage & Arts Commission (Department of Administrative Services) Mayor Thier requested removal of Consent Calendar Item No. 3 for further discussion.
MOTION: To adopt Consent Calendar Items No. 1-2 & 4-10, as written. Moved: Ryan, seconded by Welner VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: Kulik
CC-3. Town Council Minutes – Adopt minutes for October 7, 2020 regular meeting (Department of Administrative Services) Mayor Thier requested capturing more of the discussion on Town Manager Report Item #2.
Mayor Thier also expressed the desire to have action minutes and felt the video of meetings are a true reflection of the discussion. Councilmember Fredericks felt the minutes should reflect what the Council considered in making the decision. Town Attorney Stock said further discussion of action minutes should be placed on a future agenda.
MOTION: Continue the minutes for October 7, 2020 special and regular Town Council meetings, pending further review and edits. Moved: Thier, seconded by Fredericks
VOTE: AYES: Fredericks, Ryan, Thier, Welner
ABSENT: Kulik ACTION ITEMS
AI-1. Diversity Inclusion Task Force – Consider appointment of five at-large members to the
Task Force and adoption of Task Force bylaws (Office of the Town Manager)
Town Clerk Stefani said there were two items before the Council related to the Diversity Inclusion Task Force, including the adoption of bylaws, with requested feedback on regular
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meeting time and term length, and possible appointment of the five at-large positions, based on a methodology the Council had previously discussed.
In reviewing the bylaws, the Council discussed the duration that the task force would be in
existence, different steps to be taken if that term were to be extended, the value of reports to Council of the task force progress and findings, and whether the requirement of reports would be part of the bylaws or by some other Council direction.
Vice Mayor Welner requested the regular meeting date not coincide with regular Town Council
meeting dates, felt that staggered terms were not necessary, and spoke about the appointment of
the Chair. Town Attorney Stock said the bylaws were an enabling resolution regarding an appointment of Chair and Vice Chair and explained that it did not preclude the Mayor from being Chair. Welner suggested the bylaws include a provision that the Council appoint a Chair annually and that the Task Force provide an annual report to the Council.
Fredericks further requested a review of the audio from the meeting where the appointment of
Chair and Vice Chair was discussed to have clarity on the issue.
Mayor Thier requested the bylaws state a Chair and Vice Chair be appointed at the first meeting of the task force, that the Newly Appointed Official Memo be included in the resolution, and grounds for removal from the task force.
The Council agreed that the Task Force term would be for two years and that the date and time
of the regular meeting of the task force would be discussed at a later meeting.
The Council noted that further delay of the appointments was not ideal, but agreed it was important to have all members of the Council present, so the appointments of the five at-large positions would be delayed until the next Council meeting.
Mayor Thier opened the floor to public comments and there were none. AI-2. Town Council Committee Appointments – Review Town Council committee appointments lists and consider any changes for 2021, including the creation and appointment of two ad hoc subcommittees (Department of Administrative Services)
Town Clerk Stefani said the Council could make any revisions to state, local and regional
appointments for the coming year, and specifically asked the Council to consider creation of two ad hoc subcommittees (2021 Budget/Finance and Town Manager Performance Evaluation) and appoint membership.
Vice Mayor Welner suggested the 2021 Budget/Finance committee members should be the
Mayor & Vice Mayor and suggested Councilmember Ryan be on the Town Manager
Performance Evaluation Committee. Ryan accepted the appointment and stated the Mayor should be the other member.
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MOTION: To create the 2021 Budget/Finance ad hoc subcommittee, with Mayor Thier and Vice Mayor Welner serving on the committee, and to create the 2021 Town
Manager Performance Evaluation ad hoc subcommittees, with Mayor Thier and
Councilmember Ryan serving on the committee. Moved: Fredericks, seconded by Ryan VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: Kulik
PUBLIC HEARINGS PH-1. 545 Silverado Drive – Consider appeal of Design Review Board approval for construction of a new single-family residence at 545 Silverado Drive (Community
Development Department)
Owners/Applicant: Eric Nuttall/Equity Smart Investment LP Appellant(s): Christopher and Jennifer Hartung Address: 545 Silverado Drive
Assessor Parcel No.: 055-082-023
Staff Report
Director of Community Development Tasini said the Design Review Board (DRB) held two hearings on this project on October 1, 2020 and November 5, 2020 and granted conditional approval on November 5, 2020. The adjacent neighbors, Christopher and Jennifer Hartung filed
a timely appeal of the decision on November 16, 2020. Director Tasini briefly reviewed the
history of the project, and the grounds for appeal.
Councilmember Fredericks asked if the setback of the second story of the proposed structure would benefit the views of the appellant’s property, which Director Tasini affirmed.
Appellant Presentation
Chris and Jennifer Hartung said they had been looking forward to supporting this project after the October meeting with the DRB suggested modifications, but felt those modifications were not actually done, and after the November 5th meeting felt compelled to file an appeal. The
Hartung’s felt the process of approval was arbitrary and inconsistent, and the lack of
memorialization of changes in the final DRB approval puts them at risk. The Hartung’s felt without all DRB members visiting the interior of their property, the DRB members were not able to truly understand the impacts on their main living area and they were
not granted equal application of diligence, and the decisions were made without direct physical
assessment. They reiterated that changes proposed at the October meeting either had not been changed at all or only minimally -- specifically, the setback of the upper level, breaking up the mass in order to conform to the Hillside Design Guidelines, reduction of possible view impact from the upper deck (facing Silverarado), and relocating the deck to center of the front façade for
more privacy.
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The appellants asserted the proposed structure does not break up its mass by tiering down the slope of the hill, causing them to look directly into the neighboring property from their main
living area. They said they worked with the applicant to have a privacy screen of horizontal slats
on the deck, but the slant and gap of the slats was not memorialized by the DRB. The appellants also expressed dissatisfaction with the process of the DRB hearing, including so little time for comment, difficulty conducting a virtual meeting, and inconsistencies in reviewing
and memorializing discussions between the October and November hearings.
The Hartung’s requested a reduction in the overall height of the structure by at least one foot, a reduction in the depth of the upper deck by a minimum of one foot, a shift of the upper level bath to the right side of the house to reduce mass, to shrink the size of the upper window facing north
to reduce direct light intrusion, and memorialize into the project approval the removal of the
small upper windows on the north and south elevations, and any privacy screen on the upper deck as a permanent fixture with no gaps between the slats. Applicant Presentation
Mr. Nuttall said this project has requested no variances or exceptions from design guidelines and either meets or exceeds what is required in terms height restrictions, lot coverage, set back, reduction of scale, and proximity to property line. Concessions and changes made to appease neighbors include moving the house back further into the hillside which severely impacted his
backyard space and reduced lot utility, reducing the second floor footprint to protect the
neighbor’s view, removing windows which caused loss of natural light in the home, removing and eliminating decks from the design causing a loss of the grand entry view in his home which was a major architectural element, adding landscaping and screening, reducing roof height and pitch, relocating the air conditioner, and adjusting the privacy screen on the front deck to as to
provide privacy for the neighbors while still adhering to design requirements to not have a solid
wall on that deck. He felt that the neighbor’s primary view - the water view - has been completely protected by reorienting the plot design of his home to angle away from the Hartung’s property and give even more space between the structures.
Mr. Nuttall felt strongly about not having a flat roof as the Hartung’s have requested. To lower
the roof height further would have a severe detrimental impact on the design and feel of his home, which he feels is not a fair trade off for the minimal positive impact the Hartung’s would experience. He felt that obscuring the windows that face the Hartung’s house allows his home to have natural light but affords privacy for the Hartung’s. He said there has been a domino effect
of the changes he has made that have had added significant cost and time to the project. He felt
he has addressed almost all of the concerns of the neighbors. Both the appellant and applicant remarked that the process at the DRB did not allow for the type of commentary that this Council meeting’s process gives, and both agreed that having the
opportunity to have a more open dialogue with the DRB regarding the project, observations and
objections would be most constructive to finding resolution and would likely have eliminated the need for an appeal.
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Appellant Rebuttal
Mr. Hartung reiterated that this is about the impact on their main living space. The setback
requested is to minimize the impact the proposed project’s second floor makes on their main living space – with light intrusion and views. He said that other houses in the neighborhood look down and over neighboring properties rather than directly at them.
Applicant Rebuttal
Mr. Nuttall felt that this project and the project in 2014 which the Hartung’s supported were very similar in setback. He felt he has made many concessions and if he makes further changes in roof height it will significantly impact the desirability of his home.
Mayor Their opened public comment and said that any comments that come in by email will be incorporated into the record. Council Deliberation
Vice Mayor Welner requested to see the visual of the setback compared to other houses on the street and commented that the set back is considerable. Mayor Thier wanted to ascertain which areas of agreement exist between the appellant and
applicant and reviewed the appellant’s list of requests with the applicant. The applicant agreed
with the requests for memorializing the specifics of the slats of the deck privacy screening, and obscuring the windows on the upper rear north wall. He was not in agreement with receding the depth of the deck, relocating the bathroom to the north side of the house, and reducing the height of the roof.
Councilmember Fredericks sympathized with the appellant’s experience of their side view being impacted by the proposed project but felt that the Hillside Design Guidelines take into account protecting water views, which has been done here. She would support the changes requested by the appellant if they were easy to achieve without severely impacting the livability and
desirability of the proposed project but reducing the roof and outdoor living space was
determined by the DRB to not be feasible without doing that, and she defers to that judgment of the DRB. Vice Mayor Welner concurred with Councilmember Fredericks comments.
Councilmember Ryan supports memorializing the approved project changes. He was aggrieved by the comments of the appellant and applicant regarding the DRB process which appeared to fail them both. He suggested a review of the process, specifically where proximate neighbors to a project are allowed the same amount of comment time as the general public. He felt that if
proximate neighbors were given more comment time and had the opportunity to answer
questions or gain clarification, consensus may be more easily reached. Mayor Thier requested staff to look into the current DRB process for areas of improvement.
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Mayor Thier said there appeared to be more agreement than disagreement by both parties and favored partially granting the appeal with revisions and additions which were agreed upon by the
appellant and applicant to be added to the DRB approval. Further discussion between the
appellant and applicant on the remaining unclear items enabled a motion to be formulated. MOTION: Partially grant the appeal with the below revisions, language to be refined by staff:
• To memorialize into the project approval that the horizontal slats proposed for the
privacy screen on the upper deck would overlap in such a manner as to maximize privacy from the perspective on the horizontal plane;
• To shrink the size of the large window on the north wall to 4 feet by 3 feet to reduce direct light intrusion;
• To memorialize into the project approval that the small upper windows on the north wall will be obscured to reduce light intrusion, and the small upper windows on the south side will be removed. Moved: Thier, seconded by Ryan
VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: Kulik DISCUSSION ITEMS
DI-1. Blue & Gold Fleet – Discussion regarding Blue and Gold Fleet PUC application to
discontinue service from San Francisco to Tiburon Town Manager Chanis said Blue & Gold Fleet may discontinue ferry service to Tiburon and Angel Island. He encouraged residents to submit comments to the Public Utilities Commission to
oppose Blue & Gold Fleet’s applications to discontinue service. He said there are negotiations
ongoing between several parties to retain ferry service in Town, and Town Attorney Stock said he would report back about being a party to the proceedings. Councilmember Welner said there is interest by Golden Gate Bridge, Highway and
Transportation District in retaining ferry service to Tiburon, and Vice Mayor Welner spoke about
the importance of having ferry service to Tiburon for the community, and specifically noted the number of kids attending Angel Island Camp from San Francisco. Mayor Thier opened the floor for public comment.
Alessandro Beraldi spoke about link provided for comments on the PUC website not working properly. TOWN COUNCIL REPORTS
Vice Mayor Welner requested a future agenda item to review the Design Review Board process to improve opportunities for questions and feedback, which may reduce or eliminate the need for appeals.
TOWN MANAGER REPORT
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There was none.
ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thier adjourned the meeting at 7:54 p.m.
_________________________________
HOLLI THIER, MAYOR
ATTEST: ___________________________________ LEA STEFANI, TOWN CLERK
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