HomeMy WebLinkAboutTC Agd Pkt 1995-10-04
;fl'KT~1
TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1101 TIBURON BLVD.
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
INTERVIEWS:
October 4, 1995
7:30 P.M.
7:15 P.M.
6:45 P.M.
---------------------------------------------------------------------
---------------------------------------------------------------------
PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of
view, members of the audience should:
(1) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) limit Presentations to 3 minutes; (5) Speak
Directly into Microphone.
In compliance 'Nith the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Town Hall
(415) 435-7373. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to
this meeting [28 CFR 35.102-35.104 ADA Title III
-------------------------------------------------------------------
-------------------------------------------------------------------
REDEVELOPMENT AGENCY
A. ROLL CALL
B. APPROVAL OF MINUTES
1. #48-95, September 20, 1995
C. UNFINISHED BUSINESS
2. AFFIRM APPROPRIATION OF HOUSrNG SET-ASIDE FUNDS _
H1LARlT A PRESER V A nON PROJECT (Continlled from September 20,
199j)
D. ADJOURNMENT
R R * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
TOWN COUNCIL
A. ROLL CALL
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
C. PUBLIC QUESTIONS AND COMMENTS
Please confine YOllr COlIl/Hellls during this pouio" (~r the agenda to maflers not alrem(v 011 this agenda, other
than itell/s 011 ,he COI/.H'1If ('a/elldal', The p"blic \l'i/I he given all Oppo1'f1/11ity to speak 011 each agenda item at
the lime it is called. h'es(!Jl/atioJ/s are lilllil(!d 10 Ihree (3) II/imrles. .Hallers requiring aClivl1l1'il/ be referred to
the appropnate COIJ/lI/issiol1, /3oo/'d, CO/J/miflee oj' .)'/(~!! fol' considl.'}ulion and'or placed on af1//J/re meeting
agenda.
D. APPOINTIVIENTS TO BOARDS, COMMISSIONS OR COMMITTEES
E. COUNCIL, COMMISSION OR COMMITTEE REPORTS
1. MARIN COUNTY COMMISSION ON AGING (Jim Rice, Tiburon
Representative)
2. BLACKIE'S BRIGADE UPDATE ON BLACKIE'S PASTURE
IMPROVEMENTS (Larry Smith, Chair)
3. SENIOR HOUSING ADVISORY COMMITTEE (Larry Smith, Chair)
4. BUILDING ADVISORY COMMITTEE (Jim Wilson, Chair)
5. HAZARDOUS/SOLID WASTE IP A UPDATE (Councilmember Nygren)
F. CONSENT CALENDAR
The purpose of the COIIse11l Ca/r!lIdar is fO group items logether which ge1U!,.a/~F do not require discussion and
which will p}'obah~v he approvcd by one lIIotion IIflless separate action is required on a particular item. Any
member oj the 1'011'11 COI/Jlcil, TOl1'n ,)'fq!f, or (he Public lIIay request removal (?! an 1/('//1 for discussion.
6. APPROVAL OF TOWN COUNCIL MINUTES - #1064, September 20, 1995
7. SALES TAX REDISTRIBUTION INCREASE TO CITIES (Resolution)
8. AMENDMENT TO JOINT RECREATION COMMITTEE JPA--NEW
FISCAL YEAR (Resolution)
G. NEW BUSINESS
9. TOWN RIGHT OF WAY MAINTENANCE PROGRAM - (Sidewalks and
Landscaping)
10. REVIEW OF PLANS FOR CONSTRUCTION OF TWO DWELLINGS AT
1860 CENTRO WEST ( Dave and Diane Williams, Applicants) - Assessors
Parcel No. 59-061-10
H. PUBLIC HEARING
11. REVISED LEAF BLOWER ORDINANCE - (2nd Reading and Adoption)
I. UNFINISHED BUSINESS
12. FRAIGE PRECISE PLAN AMENDMENT - GUEST PARKING AND
FENCING AT 1,5 & 9 STEVENS COURT - Monahan Pacific, Applicant-
Assessors' Parcel Nos 58-11-25, 26 and 27 - (Resolution)
J. COMMUNICA TIONS
13. MINUTES OF SEPTEMBER I I DISASTER COUNCIL MINUTES _
APPOINTMENT OF TIBURON TOWN COUNCILMEMBER
K. STAFF & TOWN MANAGER REPORTS
L. ADJOURNMENT
Future Agenda Items
- Mill Valley Refuse Service Franchise Agreement (October 18, 1995)
- Report on "Green Can" Trial Program (November 8, 1995)
- Street Improvement Program (October 18, 1995)
- Historical Dedication of Old Sf. Hilary and Newman Property
- Southridge Pedestrian Easement (Final Bids)
Future Activities
- Blackie's Statue Dedication (October, 1995)
- Town Employee Recognition Night (October 16 - Dynasty Restaurant)
- Marin County Council of Mayors & Councilmell1bers (October 25 - Tullo Mare)
DATE OF MEETING: October 4. ]995
NO. 12-]995
DATE POSTED: September 29. ]995
NOTICE OF STATUTORY AUTHORITY FOR HOLDING
CLOSED MEETING OF THE TIBURON TOWN COUNCIL
Pursuant to California Government Code Sections 54950 et seq., the Town Council will hold a
Closed Session. More specific information regarding this meeting is indicated below:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9a)
Name of Case: State of California y. Zelinsky. et al.
(Marin County Superior Court No. 163929)
Name of Case: Harroman COl11uany. Inc. Y. Town ofTiburon. et al.
(Mariu Couuty Superior Court No. 160899)
United States Y. Stonehill. et al.
(No. 432-44N.D.Cal.)
r
L
L
REDEVELOPMENT AGENCY
MINUTES
RJJA-
r~hA Nu. I
CALL TO ORDER
Chairman Thompson called the meeting of the Redevelopment Agency of the Town of
Tiburon to order at 7:40 p.m., Wednesday, September 20, 1995 in Council Chambers,
1101 Tiburon Blvd., Tiburon, California.
A. ROLL CALL
PRESENT: BOARDMEMBERS: Ginalski, Nygren, Thayer, Thompson, Wolf
ABSENT: BOARDMEMBERS: None
EX OFFICIO: Acting Director Anderson, Minute Clerk Crane
B. APPROVAL OF MINUTES
1. #RA-47-95 September 6, 1995
MOTION
To approve Minutes #RA-47-95, as submitted.
Moved:
Vote:
Wolf, Seconded by Nygren
AYES: Unanimous
NOES: None
ABSTAIN: Thayer
C. UNFrNISHED BUSINESS
2. AFFIRM APPROPRIATION OF HOUSING SET-ASIDE FUNDS-
HlLARIT A PRESERVATION PROJECT
Board Member Thayer had questions about the necessity of Town Funding in
light of the HUD appropriations and other grant monies received by the Hilarita.
Board Member Thompson said he still had some questions, as well. Thayer and
Thompson agreed to tour the Hilarita and pursue answers to their questions. Item
continued to October 4, 1995.
#RA-4S-95
Scpkmhcr 20, 1995
r
l
L
D.
ADJOURNMENT
There being no further business before the Redevelopment Agency of the Town of
Tiburon, Chairman Thompson adjourned the meeting at 750 p.m., sine die.
ANDREW THOMPSON, CHAIRMAN
ATTEST:
DIANE L CRANE
MINUTE CLERK
#RA-48-95
Sl..'pkmh~r 20, 1995
2
~DA
TIBURON REDEVELOPMENT AGENCY STAFF REPORT
.
,
r.a-v&:le if. I f?.5"
3Ef'fEIvI5f:lt~, 1~:J5
To:
BOARD OF DIRECTORS
FINANCE DIRECTOR
Meeting:
From:
Item No:
2.
Subject:
REDEVELOPMENT AGENCY FISCAL YEAR 1995-96 BUDGET -
AFFIRM APPROPRIATION OF HOUSING SET-ASIDE FUNDS FOR
HILARITA PRESERVATION PROJECT
Backl!round:
This item is to confirm the appropriation of$158,OOO of Redevelopment Agency Housing Set-Aside
resources for the Hilarita Preservation project.
Discussion:
At the regular Council meeting of September 6, 1995 Town Council conducted public hearings concerning
the "Hilarita Request for Additional Preservation Funding." Council received a Staff Report concerning the
agenda item, and representatives of the Tiburon Ecumenical Association-Hilarita Project - Carolyn Attkisson,
Richard Mandel and Katrina Bergen - were present and provided further comments and clarification
concerning the status of the project and reasons for requesting financial assistance from the Town.
In Fiscal Year 1994 the Town Redevelopment Agency agreed to provide up to $165,000 for the Preservation
efforts. The initial phase of the project has been completed - the Project used about $65,000, repaid
approximately $58,000, the unpaid amount being $7,000. The Project now requires $15,000 for
prcdevelopmcnt costs and $308,000 for unfunded building rehabilitation costs.
Council approved appropriating the amount required to fund the predevelopment costs ($15,000), and
$143,000 to fund a share of the unfunded building rehabilitation costs.
Recommendations:
I. Town Council (the Board of Directors) approve a total appropriation of$158,OOO from the Agency
Housing Fund for Hilarita Preservation Project predevelopment and building rehabilitation costs.
The revised unreserved amount available in the Housing Fund is now $92,000 - 685,000 is currently reserved
for the Cecilia Project.
Exhibits:
I. Staff Report, September 6, 1995, Item 7.
TOWN OF TIBURON
STAFF REPORT
To:
From:
Subject:
Date:
TOWN COUNCIL
TOWN MANAGER
HILARITA REQUEST FOR ADDITIONAL PRESERVATION FUNDING
September 6, 1995
ITEM NO. 1-
The Hilarita's preservation phase has successfully been concluded with the recent
purchase of the Hilarita by the Hilarita-Tiburon Ecumenical Association. However, one of the
requirements of the HUD-approved sale requires the buildings to be rehabilitated to ensure long-
term viability and provide tenant safety.
Although HUD requires the building rehabilitation, they do not provide sufficient funds for
the work. The Federal government has appropriated $1.7 million for the rehabilitation phase
which leaves a significant shortfall.
The Hilarita- Tiburon Ecumenical Association is therefore asking the Town to consider
granting them rehabilitation funding assistance in addition to the original preservation funding
previously granted by the Town. The Town allocated an initial pre-acquisition loan to the Hilarita
for preservation purposes in the amount of$165,000. Of this amount, the Hilarita only drew
down $65,600 of which they have repaid all but $7,000. They are planning to utilize an additional
$15,000 for future predevelopment costs and inspections. In summary, the Hilarita will have
utilized a total of$22,OOO from the original Town-authorized $165,000. They are now requesting
to use the balance of the initial Town allocation ($143,000), plus $165,00 for an overall
supplemental funding request of$308,000 for the rehabilitation work.
The Town has been very supportive of the Hilarita, both politically and financially, and
certainly wants to continue to be of assistance. However, the requested amount from the Town's
restricted affordable housing funds represents a significant allocation. It could impact the Senior
Housing Advisory Committee's efforts and the long-range financing plans for the new Police
facilities and Senior Housing project
I have advised Carolyn Attkisson, President of the Hilarita- Tiburon Ecumenical
Association, of these preliminary concerns and that the Association's request will be scheduled for
consideration by the Town Council at its regular September 6 meeting.
Time is of the essence regarding this request, as BUD requires the rehabilitation work to
be commenced and completed in a timely manner The Hilarita- Tiburon Ecumenical Association
.
TOWN COUNCIL
Page 2
September 6, 1995
has also indicated that they are very appreciative of the Town's continued support and past
financial assistance.
Copies of the Hilarita-Tiburon Ecumenical Association's request to the Town have been
forwarded to the Town's Housing Committee, BAC and SHAC.
It should also be noted that the original request of$375,472 (August 22) has been reduced
to $308, 000 (August 3 1).
EXHIBITS
1. Letter from Hilartia-Tiburon Ecumenical Association to Town Manager,
dated 8-22-95
~
( ~f dtc_v0-J)
R.L. Kleinert
Town Manager
I *~ No JL
TOWN COUNCIL
MINUTES
DRArT
CALL TO ORDER
Mayor Thompson called the regular meeting of the Town Council of the Town ofTiburon to
order at 7:50 P.M., Wednesday, September 20, 1995 in Council Chambers, 110] Tiburon
Boulevard, Tiburon, California.
A. ROLL CALL
PRESENT:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS
EX OFFICIO
Ginalski, Nygren, Thayer, Thompson, Wolf
None
Acting Town Manager/Planning Director Anderson,
Town Attorney Sharp, Police ChiefHerley, Town
Clerk Crane
B. ANNOUNCEMENT OF CLOSED SESSION ACTION
Mayor Thompson said that Council had discussed ongoing litigation and settlement proposals but
that there was nothing to announce.
C. INTRODUCTION OF NEW TOWN EMPLOYEES
Police Chief Herley welcomed Officer Steve Hahn and Reserve Officer Michael Mojabi to the
Tiburon "family."
D. PUBLIC OUESTIONS AND COMMENTS
A resident of Trestle Glen Terrace, age 27, asked Council what was going on in Blackie's Pasture
and expressed her displeasure at looking down on a paved parking lot. Mayor Thompson
explained the plans for parking at the Pasture and suggested that the resident contact Town Staff
for more details and to look at the plans.
Councilmember Wolf raised the question of whether gravel would be placed on the non-paved
parking areas. Council member Nygren asked for a status report and answer to the various
questions at the October 4 Council meeting.
E. APPOINTMENTS TO BOARDS. COMMISSIONS OR COMMITTEES
Mayor Thompson announced the resignation of Evelyn Woo from the Planning Commission and
said the Council would accept applications for the position through October 2, with interviews
scheduled October 4. Council member Thayer said he would talk to Dolores Parhomenko prior
TOWN COUNCIL MINUTES # 10M
S~ptl'l1lbcr 20, 1995
to Council finalizing the last Design Review Board appointment.
F. COUNCIL. COMMISSION OR COMMITTEE REPORTS
3. HERITAGE & ARTS COMMISSION. Victoria Arnett reported that the Donahue Building
[San Francisco and North Pacific Railroad Station House-Depot] had been listed on the National
Register of Historic Places on August 4, 1995, with a ceremony to follow in the Spring.
Councilmember Nygren asked about the Commission's research on designating downtown Main
Street a Historic District and what impact, if any, it would have on ADA requirements. Ms.
Arnett said the Commission had just started their research and could not give specific information
at that time.
4. BUILDING ADVISORY COMMITTEE, Iim Wilson said the Committee would present the
latest Town Hall site plan to the Library IPA Board on September 28, and if the meeting went
well, he would be able to present a master site plan to the Council by October 4, along with the
architect's contract. He stated the Committee's goals as follows: a) To reinforce Mar West as the
gateway to the Town; b) Improve the Town's land and open space; c) Design a functional and
flexible Town Hall for Town Staff; d) Create a timeless and sustainable building; and e) Provide
adequate parking on-site, He said the boundaries and type of parking were still being considered.
Mr. Wilson said the construction drawings for the Library would be ready by mid-November, and
cited the April 5 Town Council minutes reiterating the Council's view that the Library would not
have to go through another Design Review except for "new features" pertaining to coordinating
the parking and landscaping [site changes] with the [proposed] Town Hall. Councilmember
Nygren asked if there had been any changes to the placement or orientation of the Library and
was told there had not been, Nygren also asked if the Town Hall still met the 30' high, 8000 Sq.
Ft. criteria presented to the voters, Chairman Wilson affirmed her question,
Chairman Wilson asked the Council to think about how to expedite plans and public hearing on
the site plan through possible joint meeting ofPOSC, ORB and Council. Councilmember Nygren
said that the Flood Plain could not be used for anything but recreation under the agreement with
Innisfree and expressed concerns about Wilson's statement that the parking might encroach on the
public space. Wilson said it would not encroach onto the Flood Plain.
Item continued to October 4. Council member Ginalski also asked for reports from the Housing
Committee and SHAC at that time.
Councilmember Nygren reported on her attendance as Council representative at a meeting of the
Marin Community Foundation Local cities had asked for Foundation support on creating a
Master IPA and also on Disaster Planning, Next meeting is December 7 at 400 p.m.
Mayor Thompson reminded everyone of the September 23 Coastal Clean-Up.
TOWN COUNCIL MINUTES # 1064
Sl,.'ptLlllbLr 20, 1995
2
G. CONSENT CA LENDA R
Councilmember Wolf asked for a revision to the motion in Item 6a) of the September 6 Minutes
pertaining to the reallocation of Town Funds (p. 2, "note that the Parks and Development Fund
had been eliminated"). Council member Nygren asked that Item 5 (p.2) be amended to include
Council instruction to Town Attorney Sharp to limit his research on Library property tax to
$2,000, and to delineate reasons why turning Main Street into a one-way street had been rejected
by Councils in the past (Item 10, p. 5).
MOTION:
Moved:
Vote:
To Adopt Consent Calendar, with Amended September 6 Minutes
Ginalski, Seconded by Wolf
AYES: Unanimous
ABST AIN: Thayer (September 6 Minutes)
H. UNFINISHED BUSINESS
7. REVISED LEAF BLOWER ORDINANCE. Planning Director Anderson said the Public
Services Subcommittee had revised the ordinance to address the issues hours of operation for
residential use. The recommended hours would be 8 a.m. to 4 p.m. Monday through Friday,
Saturday 9:30 a.m. to 4 p.m.
Mayor Thompson opened the public hearing.
George Landau, 2 Sugarloaf, said the people who live and work in Tiburon are opposed to gas-
operated leaf blowers, but that other cited constitutional issues for not banning them.
Randy Greenberg, 45 Norman Way, said the revised ordinance still allowed 99% of current usage
and said it was ineffectual. She said all the other cities that had adopted bans had exempted their
public works departments and asked the Council to please craft an effective ordinance that
protected the quality of life in Tiburon.
Hearing returned to Council.
Council member Thayer said there was no useful purpose served in attacking leaf blowers as a
single issue and that it was reasonable for the ordinance to limit times of operations as with
construction.
Council member Wolf agreed with Randy Greenberg that the proposed ordinance was
"meaningless" .
Council member Nygren said she had received more telephone calls at home on this subject than
any other and that the calls were divided almost equally for and against regulating leafblowers.
She said she would be willing to reduce the hours of operation further as a compromise position
for the people who wanted a ban.
TOWN COUNCIL MINUTES # I 064
S.:pkmbcr 20, 1995
3
Councilmember Ginalski said that government should be involved in issues of environmental
impact and said he would support a ban. Councilmember Wolf said she would support a ban
similar to the one in Ross.
MOTION:
Moved:
To adopt Revised Leaf Blower Ordinance
Thayer
Mayor Thompson said he would support a ban on the weekends and further limit the hours of use
to 9:00 a.m. to 4:00 pm.
AMENDED MOTION:
Moved:
Vote:
To Read by Title Only (first reading)the Revised Leaf Blower
Ordinance; Change Section 30-4 to ban use on Saturdays
Nygren, Seconded by Thayer
AYES Nygren, Thayer, Thompson
NOES: Ginalski, Wolf
Mayor Thompson read, "An Ordinance of the Town ofTiburon Adding a New Chapter 30 to the
Tiburon Municipal Code Restricting the Use of Gas-Powered Leaf Blowers"
MOTION:
Moved:
Vote:
To adopt Ordinance by Roll Call Vote
Thayer, Seconded by Nygren
A YES Nygren, Thayer, Thompson
NOES: Ginalski, Wolf
8. Review Plans for Construction at 1860 Centro West - David & Diane Williams, Applicants.
MOTION:
Moved:
Vote:
To continue Item to October 4 Meeting
Thayer, Seconded by Nygren
AYES: Unanimous
J. PUBLIC HEARING
9. Application for Precise Plan Extension - 375 Taylor Road. Planning Director Anderson said
the Planning Commission recommended granting an extension and informed Council that there
was generally no limit to the number of extension granted to an applicant
David Bass, 1 Madrone Avenue, Woodacre, friend of Miranda Leonard, informed Council during
public hearing that Ms. Leonard (the applicant) had started the design process and anticipated
starting construction of her home at 375 Taylor Road sometime in 1997.
Councilmember Nygren asked whether Ms. Leonard planned to live in the home and asked Mr.
Bass to relay the message that this was possibly the last extension she would receive.
TOWN COUNCIL MINUTES #10(,4
Sl.:pkrnh.:r 20, 1995
4
MOTION:
Moved:
Vote:
To adopt Resolution Approving Extension of Time for Implementation of Planned
Development #7 at 375 Taylor Road (Ring Mountain Parcel G)
Wolf, Seconded by Thayer
AYES: Unanimous
NOES: None
10. Precise Plan Amendment - Fraige Project. Planning Director Anderson recommended that
Condition NO.5 of the Precise Plan be amended to allow parking in the "wing" portion of the
hammerhead area in Parcel 2 as a result of Fire Department approval after the Planning
Commission had already met on the subject. He also recommended that fencing be allowed
outside the building envelope with Design Review approval.
Councilmembers Thayer and Nygren said they favored staying with the initial Planning
Commission recommendation(s) and not amending the plan further. Councilmember Wolf said
she needed further clarification about whether guest parking was included in Parcel 2 parking.
MOTION
Moved:
Vote:
To refer the matter of parking and fencing back to the Planning Commission for
further discussion
Thayer, Seconded by Nygren
AYES: Ginalski, Nygren, Thayer, Thompson
NOES: None
ABSTAIN Wolf
J. NEW BUSINESS
None.
K. COMMUNTCA nONS
Item I I was noted by Council.
Councilmember Wolf commented that Item 12 (City of Covina Resolution regarding
Redistribution of Sales Tax to Cities) was somewhat meaningless and that the League of
California Cities was involved in the process of making recommendations to revise the financing
portions of the State Constitution. Council directed Staff to bring back Resolution on October 4.
Council member Wolf had questions about the March 26 election schedule Town Clerk Crane
agreed to clarify dates and deadlines by telephone.
L. STAFF & TOWN MANAGER REPORTS
None.
TOWN COUNCIL MINUTES # I OM
S.:pkll1b~r 20, J (j95
5
M. ADJOURNMENT
There being no further business before the Town Council of the Town ofTiburon, Mayor
Thompson adjourned the meeting at ]0:07 p.m., sine die.
ANDREW THOMPSON, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL MINUTi:S #1064
Sl:pkmb\.:r 20, 19')5
6
-
Ilo1'\ N~. 1-
RESOLUTION NO. 3121
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF T1BURON SUPPORTING
THE LEAGUE OF CALIFORNIA CITIES' RESOLUTION ON
SALES TAX REDISTRIBUTION TO INCREASE THE
AMOUNT RECEIVED BY CITIES TO 2%
WHEREAS, the State receives five times as much sales tax revenue as cities
throughout California; and
WHEREAS, the sales tax revenue retained by the State from individual cities often
exceeds the general fund budgets of those cities where the sales tax revenue originates; and
WHEREAS, cities provide services that directly benefit the quality of life in
hundreds of communities throughout California; and
WHEREAS, the public benefits of cities' services include the maintenance of
property values, reduced risk to health and safety caused by crime, fires, medical
emergencies, poor sanitation, and poor building and road construction; and
WHEREAS, cities' services provide important cultural and economic benefits
through parks and recreation programs, library and senior programs, removal of blight
from inner cities and older neighborhoods, and through business attraction efforts that
provide jobs; and
WHEREAS, the State has acted to reduce the amount of revenue received by cities
in recent years forcing many cities throughout California to angment their revennes by
imposing local assessments, fees, or taxes -- or to make cuts in essential services; and
WHEREAS, because cities receive only a small fraction of the money collected
through voter-approved Proposition 172 (Public Safety Augmentation Fund), pnblic safety
services like police and fire services face drastic financial reductions in many cities
throughont California in light of State takeaways and State-imposed mandates; and
WHEREAS, many taxpayers object to paying additional taxes for what they view as
diminishing local services caused by these factors; especially while the demand for police
services, for example, continues to increase dne to rising crime; and
WHEREAS, on Augnst 3, 1995, the Los Angeles County Division of the League of
California Cities adopted a resolution which seeks legislative action that wonld result in a
more equitable distribution of sales tax revenue by shifting I 'y., sales tax revenue fl"Om the
State to cities; and
WHEREAS, the League's resolution will help cities provide essential local services
without adding more burden to taxpayers; and
WHEREAS, on October 24, 1995, the General Assembly of the League of California
Cities will vote on this important resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TmURON that the Town of Tiburon does hereby support the League of
California Cities' resolution to Redistribute Sales Taxes so that the total received by cities
is 2% of the amount paid per dollar on taxable sales.
PASSED, AND ADOPTED at a regular meeting ofthe Tiburon Town Council on
October 4, 1995 by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ANDREW THOMPSON, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
1ieM ;116. f'
RESOLUTION NO. 3122
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TmURON AUTHORIZING AN AMENDMENT TO THE
BELVEDERErrmURON JOINT RECREATION COMMITTEE
JOINT POWERS AGREEMENT FOR THE PURPOSE OF
ADOPTING A NEW FISCAL YEAR
BE IT RESOLVED by the Town Council of the Town of Tiburon that it hereby
agrees to amend the Belvedererriburon Joint Recreation Committee Joint Powers
Agreement to provide for a March 1 to February 28/29 fiscal year.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council tbis
4th day of October, 1995 by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ANDREW THOMPSON, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL
ST AFF
REPORT
TO:
FROM:
TOWN COUNCIL
SCOTT ANDERSON, ~
ACTING TOWN MANAGER
MEETING DATE: 10/4/95
ITEM NO.: q
SUBJECT: TOWN RIGHT-OF-WAY MAINTENANCE PROGRAM
BACKGROUND
On September 15, 1995, the Public Works Department mailed a
letter (Exhibit 1) to many Tiburon property owners concerning
maintenance of vegetation and/or sidewalks in street right-of-way
areas. Maintenance of these areas is by law the responsibility
of the property owner with frontage along the right-of-way. The
letters are part of an ongoing periodic program to keep the
right-of-way areas maintained in a safe condition for use by the
public. The maintenance program is similar to that used by most
cities and counties in California.
Some residents who received the letter have expressed concern
about various aspects of the letter. The Bel Aire Improvement
Association (BAIA) has responded in writing (Exhibit 2) to the
Public Works Department, and has requested a Town Council hearing
on the matter.
ANALYSIS
The legal basis of the right-of-way maintenance program is
addressed by the Town Attorney in the memo attached as Exhibit 3.
This memo responds to the legal and liability questions raised in
the BAIA letter. The Town Attorney will be available at the
meeting to address any other legal questions which may arise.
The Public Works Department will be present to discuss specifics
of the right-of-way maintenance program, and its implementation
over the years.
RECOMMENDATION
1. Following a Staff Report, that the Town Council hear
testimony from interested persons.
2. That an appropriate follow-up letter be sent to homeowners
following discussion at the meeting.
TlBURON TOWN COUNCIL
STAFF REPORT
10/4~5
1
EXHIBITS
1. Letter from Public Works Department.
2. Letter from Bel Aire Improvement Association.
3. Memo from Town Attorney.
\scott\rowprog.rpt
neURON TOWN COUNCIL
STAFF REPORT
10/4.19.5
2
p
~N OF TIBURON
COFY
"
1175 TIBURON BOULEVARD . TlBURON . CALIFORNIA 94920 . (41S) 4l5-7J99
FAX (415)4H.;z.431
FROM THE DESK OF THE
SUPERINTENDENT OF PUBLIC WORKS
TONY E. IACOPI
Resident
Address
City, St., Zip
RECEIVED
SEP 2 8 1995
September 15, 1995
TOWN OF TIBURON
PLANNING e. BUILDING DEPT,
NOTICE
RE: I}_ VEGETATION BLOCKING RIGHT OF WAY
2}_ VISffiILITY OF STREETS
3)_ VISffiILITY OF STREET SIGNS
4}_ REPAIR OF TOWN-OWNED SIDEWALK (Homeowners' Responsibility)
Dear Resident :
It has come to the attention of the Tiburon Department of Public Works that No. --d-
above has become a problem for residential safety, as well as emergency equipment access and
emergency personnel safety.
This item must be dealt with as soon as possible according to California Streets ({lid
Highway Code Section 1480 et. seq. & 5610 et. seq. These sections require propel1y owners to
maintain the frontage of their property in such condition as to prevent such hazards from
developing. You should be aware that you may be personally liable for injuries or damages
resulting from this hazardous condition.
You are hereby directed to repair or remove any of the above conditions indicated by the
marked numbers above. In light of the hazardous conditions that exist, this work must be
performed within 10 working days of your receipt of this letter.
Please call me at (415) 435-7309 if you wish to discuss this matter ful1her.
Very truly YOljrs,
~ ! .
C:-rC7*:..,.t2C1rD
Tony lacopi
Superintcndcnt of Public Works
cc: Town Managcr
Planning Director
Town Engineer
EXHIBIT NO. -J
,
.~
Bel Aire Improvement Association (BAIA)
Bel Ai~e Estates - '46 Black1iald Drivlif - Tiburon, California 94920. (415) 3e9~1023. FAX (415) 381-9918
September 22, 1995
Tony Iscopi
Superintendent of Public Wcrks
Town of Tiburon
, 175 Tiburon Bouleverd
Tiburon, CA 94920
Dear Tony.
It has come to our attention that a notice to repair town-owned sidewalks were sent to 44 homeowners in Bel
Ai'e Estates. Upon review of the notice by the Bel Aire Improvement Associaticn board member, we have found
scme inccnsistencies and issues which we wish to discuss with the town SpecJtically, they .re:
· Oversl: tone of the Jetter was that of a .scare- tactic insinuating that the homeowner was responsible
and would be sued 'cr personai liability and carnages if the repairs were not attended to In ter days.
· Ten days is not a reasonable amount of time for a homeowner to assess the nature of the side-walK
and have a qualifed cont'actor make the repairs.
· One of our homeowners and board members called his ins'Jrance company 10 see who is responsible
~cr said repairs in order to protect his property and family. The insurance adiester came to his home
to irspect the property and told him that the city owns the sidewalk property and they elone are
responsible Icr the maintenance and repair.
· Re8ellrch into tne California State and Highway Code Section 1480 et. 8eq. & 5610 et. seq. has
found that the decisions by the ccurt Indicate the municipality is the owner of the sidewalk property anc
it 'a resconsible lor lhe malntanance of the sidewalk. In fact, the homeowner could be liable for persona.
injuries if they alter or repair the sidewa.lk in any way.
· In researching t",s ,"sue, we have also determined that the lack 01 maintenance to aUf
neignborhood's streets has caused lor the dalerioration of the sidewalks.
· In Ihe mid.1950's the count;' design review board approved the placament 01 trees within inches of
the sidewalk. In scme cases. Ihese trees have 90lten qu'te large (over the past 40 years) and :he
sidewalk has either buckled or cracked. We do not leelthat these trees should be removed as they acd
beacty and provide energy ccnservation to our neighborhood.
. Belore anyone makes repairs to e Tiburon sidewalk, the town has Ire responsibility to indicate 10 the
homeowner the city speCifications for such repairs,
· Moreover, the BAIA board unanimously voted to request that we have a hearing on the sidewalk
repa" notICe. We are Instructing all 183 homeowners not to make the repairs until we can get proper
clarification of who is responsible to make naeded repairs.
In ShOrt. we wanl this issue to be brought before the Tiburcn Town Council so thet rat.onal and fair input on th.
matter occur.. At your eariiest conver.ience, please contact either Pamela Fyffe (President) at 389-1023 or
Carolyn Garrety (Secretary) at 285-2995.
Sincerely YOU"S,
GO 'd
G9GGEOL 'ON XI;i:l
~~
EXHIBIT NO.~
NOISI^IG l1;iD31-00dO lE:Ol OHl 96-ijG-d3S
The Bel A'ra Improvement ASSOCIation Boa
09-29-1995 14:16
415 507 1408
r1SB
P.<J2
TOWN OF TIBURON
.~..,.",.,...,
.' '
",:~,:,
1"5 TtJURON BOUUVARD . T1BUltON . C4UPORNIA. 9'920 . (~U) 'n~.73T!
FAX ('1$) 4,H.~..,.
JIIIIOJWlDQII
FROM:
City of Ti~uron Town Council
John E. Sharp
Interim Town Attorney
TO:
OATE:
september 29, 1995
Town Right of Way Maintenance Program
RE:
a..idents of the Town have received a notice from the Department of
Public Worke identifying certain conditione with respect to
property frontages WhiCh create or may create hazards to the
public. Apparently. oertain property owners have taken issue with
the notiee forwarded by the Town.
ADDlicable Law:
The subject notice identifies California Streeta and Highways Code
seotions 1480 et seq. and 5610 et ..q. A review of those sections
makes it clear that the Town ia within its legal right. to require
repairs ae reterenced In the subject notice. wlth regard to
repaira reque.ted in the referenced notice, .ection 5610 et .eq.
applies. That section, a copy of which iB attaChed for your
reference, Imposes a duty on owners of property abutting sidewalks
and parkwaya to maintain such sidewalke and parkways so that they
will not endanger persons or property or interfere with the public
convenience. This duty exists whether or not the defect has bean
created by the property owner.
The lead case interpreting section 5610 ie the case of Scnaefer v.
Lenanan (1944) 63 Cal.App.2d 324, whiCh provide. an extenaive
diacuaalon of the intent and effect of section 5610. In the
Schaefer case, the Court held that section 31 of the Improvement
Act of 1911 as amended in 1935, required abuttin9 ownera to
maintain the public sidewalk in a nondangerous condition and a
condition which did not interfere with the pUblic convenience and
to timely perform repairs upon notice from the supsrintendent of
strssts, but did not create a duty owed to members of the pUblic
using ths sidewalk. upon reviewing caae law of other atatea, the
Schasfer Court found that" the overwhelmlnCJ weight of
authority is to the effect that a statute which require. abutting
owners to maintain and repair sidewalks adjoining their premises,
such work to be done by the municipality at the expense of the
EXHIBIT NO. -.3
09-29-1~95 14:17
4:5 507 1408
~15B
P.03
abutting owner. in ca.e of their failure to con.truct or repair,
dOBS not impoae liability upon 8uen owner. tor injurias
incurred by reallon ot the defective .idewalk." (ld. at pp. 327-
328.) Furthermore, the Schaeter court concludBd that "[SBction 31
of the Improvement Act of 1911) wa. not p....d for thB purpose of
tran.terrinq any primary duty to repair sidewalks to the property
owner., and to relisve the city of that primary duty and
responsibility. The obvious purpo.. of the .tatue wa. to provide
a means of reilllburainq the city for the coat of the repair.." (14.
at pp. 331-332.l The Scha.fer ca.e ha. al.o b..n followed in
W1n.ton v. Han6ell (1958) ltO eal.App.2d 570, 325 and Williallla v.
Fo.ter (1989) 216 Cal.App.3d 510, 515-522.
The mechaniem tor providinq noticB, thB manner and contenta of the
notice and the machanism for collection and coat of repair all are
set forth at aeetion. 5611 through 5614 and 5625 through 5630. ThB
noticB provided by the Town wile oonsistent with the requirements of
tho.. a.etiona in it. content and d.livery.
Conclusion
The Notice provided by the Department of P~lic Worka 1n cOlllpliance
with Calitornia law. While the Town h.a the ability to work with
property owner. regarding thB tilll. frame durinlJ which repairs
occur, the ultimate reapon.ibility for effecting those repair. lie.
with the property ownere.
~~. ~A(My-
to n E. Sharp I
Interim Town Attorney
JEB/dl
Q!1IoIII'\ll6lJ~J
OU-29~1U95 14:17
415 507 1408
MSB
P.04
.'
, 15610. Duty or property ownen; L1abUlty ror condltloBl created by ,raDt.. or clt)>
penult&, etc.
The ownen ofloll or portionl oflotl fronting on Illy ponion ora public meet or piau when that
Inet or place IIlmproved or if and when the area between the property line of the adjacent
property and the Itroet line il maintained u a pll'k or parldna Itrip. ahaIl maintain lilY sldllWlllc in
wch condition that the aidcwalk will not endlllllel' pcrlOlII or property and maintain it in a
conditioD which will not interfere with the public convenience in the u.. of tho.. work. or anu
live and ~ u to thol. conditiOlll \1I'eated or maintained in, upon, along, or In connec:tion
with luch .idewalk by Illy penon other than the owner, under and by virtue of any permit or right
IfIIUed to him by law or by the city IWthoritilll in c1wie thereot; and IUch penonl Ihall be under
alike duty in relation thereto.
TOWN COUNCIL STAFF REPORT
TO:
TOWN COUNCIL
MEETING DATE: OCTOBER 4, 1995
ITEM NO. II
FROM:
DAN CATRON
ASSOCIATE PLANNER
SUBJECT:
ORDINANCE REGULATING HOURS OF USE FOR LEAF BLOWERS
**************************************************************************
BACKGROUND
On September 20, 1995, the Council adopted first reading of an ordinance restricting the use of gas-
powered leaf blowers in residential areas to the hours of 8 A.M. to 4 P.M. Monday through Friday
only. Use of gas powered leaf blowers would be prohibited within residential areas on Saturdays,
Sundays, and on holidays as recognized by the Town.
RECOMMENDATION
1. That the Council adopt second reading of the draft Ordinance.
EXHmITS
1. Draft Ordinance
2. Town Council minutes from 9-20-95
TihuroD Town Council
Staff RCIM1I1
10/4/95
1
ORDINANCE NO. (DRAFT)
AN ORDINANCE OF THE TOWN OF TIBURON ADDING A NEW CHAPTER 30 TO
THE TIBURON MUNICIPAL CODE RESTRICTING THE USE OF GAS-POWERED
LEAF BLOWERS
SECTION 1. ADOPTION.
The Town Council of the Town of Tiburon does hereby ordain that Chapter 30 shall
be added to the Tiburon Town Code as follows:
Chapter 30. Ga~ Powered Leaf Blowers
Sections:
30-1
30-2
30-3
30-4
30-5
Title
Purpose and Intent
Definitions
Restricted Uses: Time of Day, Days of Week
Enforcement and Violations
Section 30-1
11lli:
This Ordinance shaD be known as the "Town of Tiburon Leaf Blower Ordinance" and
may be so cited.
Section 30-2
Purpose and Intent
The purpose of this section is to regulate the use of gasoline powered leaf blowers
within residential areas of the community, so as to prevent the unreasonable and
continuous disruption of households due to leaf blower noise and the devices' ability to
broadcast dust and other airborne pollutants into the air and onto nearby properties.
This section also seeks to allow residential property owners (or their employees, agents or
contractors) to maintain the appearance and condition of their properties using gas-
powered leafulowers on certain days and at certain times.
Tiburon Town Coundl
Leaf Blower Ordinance (drart)
10/4/95
1
Residential areas are being distinguished from other areas of the Town because of the
special maintenance needs for commercial and other public areas, and the particular
sensitivity of residential uses to the impacts and effects resulting from the use of gas-
powered leaf blowers.
Section 30-3
Definitions
Gas-powered leaf blower- A gas powered leaf blower is defined as any leatblower
directly powered by an internal combustion or rotary engine using gasoline, alcohol or
other liquid or gaseous fuel. Electrically powered leatblowers are not included in this
definition.
Residential area- Any parcel of land where the primary use of the property is for
residential purposes (such as a single family residence, duplex, apartment building, or
other form of residential structure). Street areas, up to the center line of the street,
directly in front of properties used for residential purposes are also considered residential
areas for the purposes of this ordinance.
Section 30-4
Restricted Uses: Time of Da.y. Da.ys of Week
It shall be unlawful for any property owner or employee, agent or contractor
working for a property owner to operate a gas-powered leaf blower to blow leaves, dirt,
or other debris off sidewalks, driveways, lawns, or other surfaces within any residential
area ofthe Town, except from 8:00 A.M. to 4 P.M., Monday through Friday. No use
shall be allowed on Saturday, Sunday or on holidays recognized by the Town of Tiburon.
Section 30-5
Enforcement and Violations.
Violations of this section will be subject to an enforcement process that includes a
verbal or written cease and desist warning from Town officials, followed by a notice of
violation of an infraction, and up to a $250 fine for failure to comply with the provisions
of this section.
Any property owner or employee, agent or contractor working for a property
owner who violates this ordinance may also be considered guilty of an infraction, and
each day such violation is committed or permitted to continue shall be constitute a
separate offense and shall be punishable as such.
Tiburon Town Council
Leaf Blower Ordinance (draft)
10/4/95
2
SECTION 2. SEVERABILITY.
If any section, subsection, subdivision, paragraph, clause or phrase of the
Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid,
or ineffective by any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this Ordinance or any part thereof
and the Town Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that
anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or
phrases be declared unconstitutional or invalid or ineffective.
SECTION 3. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after the date of
passage. Pursuant to the provisions of Government Code Section 36933, a summary of
this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the
Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall
(1) publish the summary, and (2) post in the office of the Town Clerk a certified copy of
this ordinance. Within fifteen (15) days after adoption of this ordinance, the Town Clerk
shall (1) publish the summary, and (2) post in the office of the Town Clerk a certified
copy of the full text of the ordinance along with the names of those Council members
voting for and against the ordinance.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon on September 20, 1995, and was adopted at a regular meeting of the
Town Council of the Town of Tiburon on , by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
Town of Tiburon
ATTEST:
DIANE CRANE, TOWN CLERK
Tlburon Town Council
Leaf Blower Ordinance (draft)
10/4/9~
3
Q"'..;: --1
~\.Ar
G. CONSENT CALENDAR
Councilmember Wolf asked for a revision to the motion in Item 6a) of the September 6 Minutes
pertaining to the reallocation of Town Funds (p. 2, "note that the Parks and Development Fund
had been eliminated"). Council member Nygren asked that Item 5 (p.2) be amended to include
Council instruction to Town Attorney Sharp to limit his research on Library property tax to
$2,000, and to delineate reasons why turning Main Street into a one-way street had been rejected
by Councils in the past (Item 10, p. 5).
MOTION:
Moved:
Vote:
To Adopt Consent Calendar, with Amended September 6 Minutes
Ginalski, Seconded by Wolf
AYES: Unanimous
ABSTAIN: Thayer (September 6 Minutes)
H. UNFINISHED BUSINESS
7. REVISED LEAF BLOWER ORDINANCE. Planning Director Anderson said the Public
Services Subcommittee had revised the ordinance to address the issues hours of operation for
residential use. The recommended hours would be 8 a.m. to 4 p.m. Monday through Friday,
Saturday 9:30 a.m. to 4 p.rn.
Mayor Thompson opened the public hearing.
George Landau, 2 Sugarloaf, said the people who live and work in Tiburon are opposed to gas-
operated leaf blowers, but that other cited constitutional issues for not banning them.
Randy Greenberg, 45 Norman Way, said the revised ordinance still allowed 99% of current usage
and said it was ineffectual. She said all the other cities that had adopted bans had exempted their
public works departments and asked the Council to please craft an effective ordinance that
protected the quality of life in Tiburon.
Hearing returned to Council.
Councilmember Thayer said there was no useful purpose served in attacking leaf blowers as a
single issue and that it was reasonable for the ordinance to limit times of operations as with
construction.
Council member Wolf agreed with Randy Greenberg that the proposed ordinance was
"meaningless" .
Council member Nygren said she had received more telephone calls at home on this subject than
any other and that the calls were divided almost equally for and against regulating leaf blowers.
She said she would be willing to reduce the hours of operation further as a compromise position
for the people who wanted a ban.
TOWN COUNCIL MIN1JTI'S ff I 0(,4
S(,.'pklllb~r 20, 1995
3
Council member Ginalski said that government should be involved in issues of environmental
impact and said he would support a ban. Council member Wolfsaid she would support a ban
similar to the one in Ross.
MOTION:
Moved:
To adopt Revised Leaf Blower Ordinance
Thayer
Mayor Thompson said he would support a ban on the weekends and further limit the hours of use
to 9:00 a.m. to 4:00 p.m.
AMENDED MOTION:
Moved:
Vote:
To Read by Title Only (first reading)the Revised Leaf Blower
Ordinance; Change Section 30-4 to ban use on Saturdays
Nygren, Seconded by Thayer
AYES: Nygren, Thayer, Thompson
NOES: Ginalski, Wolf
Mayor Thompson read, "An Ordinance of the Town ofTiburon Adding a New Chapter 30 to the
Tiburon Municipal Code Restricting the Use of Gas-Powered Leaf Blowers"
MOTION:
Moved:
L:
8. Review Plans for Construction at 1860 Centro West - David & Diane Williams, Applicants.
MOTION:
Moved:
Vote:
To adopt Ordinance by Roll Call Vote
Thayer, Seconded by Nygren
A YES: Nygren, Thayer, Thompson
NOES: Ginalski, Wolf
To continue Item to October 4 Meeting
Thayer, Seconded by Nygren
AYES: Unanimous
J. PUBLIC HEARING
9. Application for Precise Plan Extension - 375 Taylor Road. Planning Director Anderson said
the Planning Commission recommended granting an extension and informed Council that there
was generally no limit to the number of extension granted to an applicant.
David Bass, 1 Madrone Avenue, W oodacre, friend of !\1iranda Leonard, informed Council during
public hearing that Ms Leonard (the applicant) had started the design process and anticipated
starting construction of her home at 375 Taylor Road sometime in 1997.
Council member Nygren asked whether Ms. Leonard planned to live in the home and asked Mr.
Bass to relay the message that this was possibly the last extension she would receive.
TOWN COUNCIL MINUTES # I ()()4
S\.:pll:lllbt.:r 20,1\)05
4
TOWN COUNCIL STAFF REPORT
TO:
TOWN COUNCIL
MEETING DATE: 10/4/95
ITEM NO.: / '2--
FROM:
SCOTT ANDERSON, ~
PLANNING DIRECTO!t"-
SUBJECT: PRECISE PLAN AMENDMENT TO FRAIGE PROJECT: AMEND
CONDITIONS RELATED TO GUEST PARKING AND FENCING
BACKGROUND
Address: stevens Court (end of Spring Lane at ROlling Hills
Road)
AP No.: 59-111-25 through 28
File No.: 39504
General Plan: ML (Medium Low Density Residential)
Zoning: RPD (Planned Development #31)
Property Size: 3 acres
Subdivision: Fraige (PM5-90)
Current Use: Subdivision Improvements under construction
Owner: Thomas Monahan
Applicant: same
Date Complete: NA
Permit Streamlining Act Deadline: NA
Please refer to the Town Council packet of September 20, 1995,
for additional background information.
ANALYSIS
At its meeting of September 20, 1995, the Town Council remanded
this item to the Planning commission to consider new information
provided by the Fire District and to consider parking
alternatives to the applicant's proposal. The issue was whether
excess portions of a turnaround/driveway area should be available
for guest parking in the 3-lot subdivision.
PLANNING COMMISSION RECOMMENDATION
The Planning commission re-heard the matter on September 27,
1995, and voted 3-0 (Greenberg absent, one vacancy) to recommend
that the Town Council adopt the parking solution proposed by the
applicant, as contained in the draft Town Council resolution from
the September 20th meeting. Town Staff had also recommended this
solution. Minutes of the Planning commission discussion are
attached as Exhibit A.
TlBURON TOWN COUNCIL
STAFF REPORT
1014195
1
The revised Condition No. 5 as recommended by the Planning
Commission and Town Staff would read as follows:
A minimum of four (4) parking spaces shall be provided on
each parcel, two spaces within the building envelope and two
spaces between the building envelope and Stevens Court on
the driveway approach to the residence. The hammerhead
area, as required for emergency vehicle turnaround by the
Tiburon Fire Protection District, is defined as shown on
attached Exhibit "B". The wings of the hammerhead may be
available for parking, one wing to be used by Parcel 2 as a
driveway and count for required parking, and the other wing
shall be available for excess guest parking within the
subdivision.
RECOMMENDATION
Staff recommends that the Town Council adopt the draft Resolution
(Exhibit B), which includes the revised Condition No.5 as
recommended by the Planning Commission.
EXHIBITS
A. Planning Commission minutes of September 27, 1995.
B. Draft Town Council Resolution.
\scott\fraigetZ.rpt
TleURON TOWN COUNCIL
STAFF REPORT
10/4/95
2
a
I
UNFINISHED BUSINESS
1. STEVENS COURT (FILE #39504): PRECISE PLAN AMENDMENT FOR
PARKING AND FENCING FOR THE FRAIGE SUBDIVISION (PLANNED
DEVELOPMENT #3J.). Thomas Monahan, owner and applicant.
Assessors Parcel Nos. 58-J.J.J.-25 through 28 (Resolution).
REMANDED TO PLANNING COMMISSION BY TOWN COUNCIL.
Catron stated that at its meeting of September 13, 1995, the
Planning Commission recommended approval of this application to the
Town Council. The main issue at that meeting was the possible use
of the hammerhead/driveway area to fulfill the four-space parking
requirement for Parcel 2. There was uncertainty as to the Fire
District's turnaround requirements as they related to the shape and
size of the approved hammerhead/driveway area, which is not being
modified as part of this application. The Commission made changes
in Condition NO.5 of the draft resolution to address this issue.
Catron said that, subsequent to the September 13, 1995, Planning
Commission meeting, Staff discussed the matter with the Fire Chief
who then sent a letter and drawing to Staff which depicts the..
actual turnaround area required by the District. The Fire District
subsequently sent a follow-up letter confirming the earlier letter
which stated that the excess "wings" of the hammerhead/driveway
area should be allowed for parking. The Fire District and Town
Staff concluded that there was no "conflicting use" of the
hammerhead/driveway area occurring which could create a safety
problem.
Catron mentioned
recommended to
Condition No.5.
that, based upon the Fire District's input, Staff
the Town Council further revised language for
Catron stated that at its meeting of September 20, 1995, the Town
Council remanded the item to the Planning Commission to consider
the new input from the Fire District. Catron said that the issue
of fencing was not discussed in any substantive way by the Town
Council, and Staff does not believe that the Commission should
address it further.
Staff recommends that the Commission decide on appropriate language
for Condition No. 5 of the Resolution and forward its
TIBURON PLANNING COMMISSION MINUTES OF SEPTEMBER 27, 1995 Minutes No. 743 4
EXHIBIT NO.JL
recommendation to the Town Council.
Tom Monahan, applicant, stated that from a safety standpoint, the
requirement of providing parking for four cars within the building
envelope creates an unworkable and detrimental design for the whole
area. He said that the methodology in the way things are done now
compared with when the original Precise Plan for this project was
approved in 1980 are very different and that this parking
requirement was an oversight in design at that time. He feels that
it will be a much better project if the guest parking is allowed
outside the building envelope and in the excess area of the
hammerhead/driveway. He stated that he discussed this with the
Fire District and it supports this.
Schrier asked Mr. Monahan if the movement of Lot 3 has been
resolved and he replied that he researched it and worked it out
with Staff to its satisfaction.
Schrier asked Mr. Monahan if he anticipates submitting
Precise Plan Amendment applications and he responded
absolutely does not.
any more
that he
Siewert opened the public hearing.
There being no one wishing to speak, the public hearing was closed
at 7:48 p.m.
Heckmann stated that he does not have any objections to the
revision. He said that his concerns about the hammerhead have been
appropriately explained. His only misgiving is that this
explanation could have been a part of the original packet. He said
that there needs to be more diligence on the part of Staff and
applicants in the future in order to prevent this from occurring
again with other projects.
Schrier agreed that if the Commission had the information before
them earlier, it would have saved all concerned a lot of time. He
also supports the revision.
M/S Schrier/Heckmann (3-0)
recommending approval of the
the Town Council.
to adopt the resolution as amended
Precise Development Plan Amendment to
TIBURON PLANNING COMMISSION MINUTES OF SEPTEMBER 27, 1995 Minutes No. 743 5
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING THE FRAIGE PRECISE PLAN
(PLANNED DEVELOPMENT NO. 31) AND SUPERSEDING
PREVIOUS RESOLUTIONS THEREFOR
(1, 5 & 9 STEVENS COURT)
ASSESSOR PARCEL ~ 58-111-25. 22 k 22
WHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
Section ~ Findings.
A. On September 19, 1984, the Tiburon Town Council approved a
Master Plan, Precise Plan and Tentative Map for the Fraige
subdivision. The Precise Plan, in Resolution No. 2261,
established development parameters (including building
envelopes and maximum house sizes) for three (3) single
family lots. Some of the conditions of this Resolution were
modified by the adoption in 1990 of Planning Commission
Resolution No. 477-90.
B. On April 19, 1995, the Tiburon Town Council approved an
amendment to the Precise Plan by adopting Resolution No.
3087, which modified the building envelope locations and
imposed special height restrictions on portions of building
envelopes.
C. On July 5, 1995, the Town Council approved Resolution No.
3101 which further amended the Precise Plan by modifying
building envelopes and height restrictions.
D. The Town Council has received and considered an application
filed by Monahan Pacific to further amend the Fraige Precise
Plan to modify the requirement that four parking spaces be
located within the building envelope for each parcel, and to
allow for fencing outside of the building envelope. The
application consists of the following:
1. Application form received 8/23/95.
2. Letter from Monahan Pacific dated 8/29/95.
3. Site Plan and Sections, Sheets SP, SP-1, and SP-2,
prepared by the Bradley Group dated 6/22/95.
The Planning commission reviewed the application at a public
hearing held on September 13, 1995 and adopted Resolution
No. 95-16 recommending approval of the application and
consolidation of previous conditions of approval. The
Planning commission subsequently re-heard the matter on
Tiburon Town Council
Resolution No.
10/4/95
1
EXHIBIT NO.
8
remand from the Town Council and on September 27, 1995,
voted to make a minor amendment to Condition No. 5 of its
resolution.
E. Because of the numerous previous modifications to the Fraige
Precise Plan, involving four prior resolutions, the Town
Council with assent of the applicant is taking this
opportunity to consolidate the remaining applicable
conditions of approval on the Precise Plan, and supersede
the previous Resolutions approving the Precise Plan.
F. The official record for this project is hereby incorporated
and made part of this resolution. The record includes the
Staff Reports, minutes, application materials, and all
comments and materials received at the public hearing.
G. The Town Council held a dUly-noticed public hearing on
September 20, 1995, and heard and considered testimony from
interested persons. The Town Council remanded the item to
the Planning commission for additional review and re-heard
the matter on October 4, 1995.
H. The Town Council finds the parking and fencing amendments
approved herein represent reasonable limitations on the
development of the property, in keeping with the pattern of
development in the surrounding neighborhood. The Town
Council further finds that the proposed amendments, as
conditioned, will not adversely affect other properties in
the vicinity. Consolidation of the remaining applicable
conditions of approval will reduce future confusion as
individual home applications are processed.
I. The Town Council finds that the project is exempt from the
requirements of the California Environmental Quality Act per
section 15303 of the CEQA Guidelines.
section ~ Aporoval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council
commission of the Town of Tiburon does hereby approve amendments
to, and consolidate herein, the previously-adopted conditions of
approval for the Fraige Precise Plan (Planned Development No. 31)
as follows:
1. This Precise Plan approves three building sites for single
family detached homes.
2. Building envelopes for the three parcels are shown on the
drawing dated 6/22/95 by the Bradley Group, Sheet SP1, on
file with the Town of Tiburon Planning Department. No
structures shall be permitted outside the approved building
Tiburon Town Council
Resolution No.
10/4/95
2
envelope for each parcel except driveways, retaining walls
associated with driveways, and fencing. All fencing, even
if less than 3~ feet in height, shall receive site Plan &
Architectural Review approval.
3. All structures located within those highlighted portions of
the building envelopes for Parcels 1 and 2, as shown on the
attached Exhibit "A", shall be limited to 20 feet in height
as measured from existing grade along the uphill edge of the
building envelope and extending horizontally across the area
of restricted height. No flat roofs shall be permitted
within the restricted height area. At no point shall any
structure exceed 30 feet above existing grade in any portion
of a building envelope.
4. The maximum gross floor area for each parcel shall not
exceed 3,600 square feet, including the garage.
5. A minimum of four (4) parking spaces shall be provided on
each parcel, two spaces within the building envelope and two
spaces between the building envelope and stevens Court on
the driveway approach to the residence. The hammerhead
area, as required for emergency vehicle turnaround by the
Tiburon Fire Protection District, is defined as shown on
attached Exhibit "B". The wings of the hammerhead may be
available for parking, one wing to be used by Parcel 2 as a
driveway and count for required parking, and the other wing
shall be available for excess guest parking within the
subdivision.
6. All structures shall be subject to site Plan & Architectural
Review approval by the Town. Each residence shall be
compatible with the surrounding neighborhood and shall
conform with the Tiburon Hillside Design Guidelines.
7. In conjunction with the first site Plan and Architectural
Review application submittal for the subdivision, a
landscape plan shall be submitted for review and approval by
the Design Review Board. Said plan shall provide for an
appropriate landscape screen between the private access
roadway and adjacent upslope properties. This screening
shall be installed in conjunction with the construction of
the first house in the subdivision. The purpose of the
landscaping shall be to screen views of the access road from
the upslope neighboring properties. The screen shall be
designed to use a variety of plant species and types for the
purpose of creating an informal and natural-loOking screen
rather than a formal and monotonous hedge.
Prior to the issuance of the first building permit for the
sUbdivision, a monetary security adequate to ensure the
installation and maintenance of the landscape screening
Tiburon Town Council
Resolution No.
10/4/95
3
shall be deposited with the Town. The deposit shall be
refunded not less than three (3) years after satisfactory
completion and successful establishment of the landscape
screen.
8. No grading or earth movement shall be permitted within the
presently existing dripline of the oak tree on Parcell.
Construction fencing shall be installed and maintained along
the edge of the oak tree dripline prior to the commencement
of any grading, site preparation, or construction activity.
9. The site preparation and construction on Parcel 3 shall be
carefully performed in order to minimize impacts on nearby
trees. Construction fencing shall be installed and
maintained along the dripline of potentially affected oak
trees prior to the commencement of any grading, site
preparation, or construction activity.
10. Prior to the issuance of a building permit for any parcel in
the subdivision, an appropriate instrument shall be recorded
with the Marin County Recorder's Office which modifies the
configuration of the Access and utilities Easement shown on
PM 5-90 to be consistent with the approved Precise Plan.
This condition specifically refers to the easement line
across Parcel 2. In addition, the stated purpose of the
easement across Parcels 1 and 2 shall be expanded to include
landscape screening as required by Condition No. 7 above.
11. Prior to issuance of a building permit, the Town Engineer
shall review the drainage plans of individual parcels for
conformance with the Town's Single Family Drainage
Requirements.
12. All applicable conditions of the Tiburon Fire Protection
District shall be met prior to issuance of a building
permit.
13. Connection to Sanitary District No.5 is required. All
applicable conditions of the District shall be met prior to
issuance of a building permit.
14. Domestic water supply shall be provided by Marin Municipal
Water District. All applicable conditions of the District
shall be met prior to issuance of a building permit.
15. Hours of construction shall be limited to those set forth in
Chapter 13 of the Tiburon Municipal Code.
16. Cut and fill areas, or other disturbed ground shall be
protected from erosion as needed, promptly after the work is
completed, as directed by a qualified soils engineer.
Tiburon Town Council
Resolution No.
10/4/95
4
section ~ Prior Resolutions Superseded.
Town Council Resolutions No. 2261, 3087, and 3101; and
Planning Commission Resolution 477-90 are hereby superseded by
this Resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council
on October 4, 1995, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE, TOWN CLERK
\scott\fraigetc.res
Tiburon Town Council
Resolution No.
10/4/95
5
, ~
..~.'''~.- ' ..
r: ,~....
y;-~.
\~~.}.
~.{l~:i..
~~'..~
~ ',~
.-fU..,."
':\~;:~.~
/:<r-~-
....-........-.
. ........:..
~~. ~
~'L t:
, "
:.e:~:.1
:'-."(
". ".
. :?
-.:..-
t .,
,.
...... .
"
-....
.
( (
((
-. .,
-:'1;:
w
C ",C
.,., 00
W 0. a::Z
>_ ~ ~9
<::) t-5
W ,....., ~:
() ~ ~~
W J f2z
c: '"
:5
..
0.. .
::J <
o w
a: ~
Cl (
> ~
W .
..J .
~ Ii
a: w
lD t
w5
:I: <
I- (
~i. .
~ ~..,
.
<:
. I
l-
iD: I
-I
I:
XI.
UJ. .
o
,!!!'11"~ U....
- .
U.
...J'"
W'"
(,)'"
a:..
<'"
a.. -,
G
z
<
...J
a..
W.
1-.
Ci5,
/
/
,I,
';
.
,/
\
I.....
..-
/"'
,..
. -
,,-.~ :
}#t'
t.r.:":
..~.: ',-
;'-.~::,
,..... .
.
~-;'t' -;.
-.-:- ':~.
;...
'-:~~.! "
',.:'".
.;..-...'.~"
~-....
~'.r.-
."...
--
.
I.
(
r
~
:1
"
W
:1
a
w
&~
~<<
w:O
<<w
~"'
on
-Il
N
Q
-Il
N
(j
>'3
UO
i2~
~w
"'Ill
&Ii"
~o
:1z
~w
Ww
:1'"
on
on
N
Q
on
N
(
a
~
l';
w
8
w
_Q-.c.n:
\
\
j
c
( (
on Q
"'t -..~
N ....
on
'"
N
w
o
()
"
&
'"
f
~
..".,"~
Q
'"
N
on
N
.N
()
eo
N
w w
~ "'~
.J~"'.Jw
W~U"-,,-
~~Ck:WO
w -1........
"ZUI,"~
~~~UJZ
O....~~w
~wt-z~
:JOdlO
11l(it- UJ
"'"U"jU
U ~o~
~6~Jj<t
~ft~<tlll
z u..)- -Illoc
Q ~...J=~o
t- I-::i:dl-~
~ ;:~~6~
:::::icr.~iU..J
t- I-W~::It-
~ I >....JQI
Qo.t UJQ
W t-t-UJ
:I~Zu:r
~~' o~3~Q
. ~f II oj) .
:[1 Q~~Pi~
~
~
'I;.
~
\..
on
;:;
Q
r;
z
o
t-
O
W
en
w
!:::
en
....
..J
W
o
a:
<(
c..
.
<(
.
t-
-I
ro,
II
XI
w:
. .
:::".:
....;2:'1-
~~~.,~,..
- ,,-.
.,;.' ~
~-:<
-...... .
.,-~
- <j~'
:'.~~
.-..'
~- .....- ""
':~!J-
.' :--
,
IIbar
.
"
(
(
(
d\
-ll
'"
~
-ll
'"
d\
d\
'"
z
o
"3
00
OC~
~w
",Ill
~~
~O
~U
ww
~'"
~
~
Q
w
~
()
w
~tJ
..",
w'"
~w
"~
c
( (
".
~
d\
'"
d\
'f
'"
~
'f
'"
~
~~
WW
O~
&1~ J
I
~"-.,,t "--=
\
\
d\
'"
'"
~
'"
'"
L________
i
.O".O(
'-
d\
'"
'"
~
'"
'"
d\
0;
~
0;
'"
"Z
""
~
-;.
u>
w w
~ .!~
~~..~W
'S!"Oo.O-
Z~lttuO
UJ -1!::...J
z:2"''S!
~~ UJZ
O"'~.-!w
~~I-Z~
lll'<,\~Qtu
..<>0';"0
\)~~csti
~offi~;t
[):G::1-.q:1Il
Z u::u..~UJa:
o ....)-1-((0
'<Ij~<<tu..
~ +-'<t-+-.....
~ r:~Z~~
:J~::lw..J
+-w~:If-
:I>-1Q:I
~O.q; IU~
~~~U~
Q~~~Q
I "1 (ltll.'
!H~~~~
.
(
i
(
I
C
I
!
c
..
()
~
o
..
u
~
-.
02/ Obi 1 ~~2
-,
'~ .
"
8~:14
.41(5~l'~?L Exl-, ~-=,-t- b
=.]::,'.J
---';.Il-:,E3
,~ (~::..:>- \
-"~'I ,~::.. U_'
-s eol..5m' '?A~~\~~ ~
'5Itv'E~ .t Hl>,MY\~R HEAP
<<t> A~c.'E.\... -:t
"'/I~/q-{;
A'REA.
b..'R.'E.A
IS:S:J
WliJ.
~~
~E~,l\HED
'B\.L 1'c>~ 'i'\.l~\C
fi,.\J",v. ____.___ _
fll'.l A"Kol.>~
rl-lIc.I..E or\,)
~~ ~NC.'" \I __
'E'ME......... _ ,?p.~\Nc:.
~ -.)E"!;"f"
~ ~<4"\:~.
-.-
:.:-~--
.,!'"
,
I
I
I
1
1
1
I
1
1
I
*1
~I
/
i
, -;::
P'<:!V_,.:-....
--------.....-...
~c-_.....
I
I
"
... -.- ---.-.,
.,.-.
< -
--- -i_
---- --- ,
-
-.--
1
1
I
... - "'. :
- . - "-'/"<;9 .-", _ '.jJ,
... - :. ~lt'~ _ I
- - . ,J f
9.... tt".
- . :I - --
',. ~/
'" .
V>
.,j I
I - ..
.
I
L
~-
12-,(
or,
'"
~
'"
~)
"
Ken Johnson
16 Leeward Road
Belvedere, Ca. 94920
435-5746
Judy Bloch
54 Reed Ranch Road
Tiburon, Ca. 94920
388-2696
Ed San Diego
City Manager: Belvedere
450 San Rafael A venue
435-3838
Tom Cromwell, M.D.
59 Peninsula Road
Belvedere, Ca 94920
435-2069
Medical representative
Ken Johnson
Belvedere City Council
16 Leeward Road
Belvedere, Ca. 94920
435-5726
DISASTER COUNCIL MEMBERS
September 16, 1995
Community Members: Belvedere
Community Members: Tiburon
Eva Edger
35 Reed Ranch Road
Tiburon, Ca. 94920
388-0930
Public Agencies
Bob Kleinert
Town Manager
1155 Tiburon Blvd.
435-7373
Shiela Puckett
Superintendent, Reed Sch. Dist.
105 A venida Mira Hores
Tiburon, Ca. 94920
435-1468
HM M. I~
-
John Scarborough
211 Beach Road
Belvedere, Ca. 94920
435-2952
Frank Buscher
P.O. Box BF
Tiburon, Ca. 94920
435-9872
Rosemary Bliss
Tiburon Fire District
1679 Tiburon Blvd.
435-7200
??????????????
Alto Fire District
309 Reed Boulevard
Mill Valley, Ca.94941
388-8182
....------. .----------.
Town/City Council Members _/.
(/// ??????????????
Tiburon TownCouncil
~..
X-..
/ ~-_.
,
! 'J'C(,.)
,
(\k' ~ 1
./
"7
ly~(C
/
"\
\
)
)1L
i
0', l~
} .
i~~.
September 16, 1995
THE TIBURON PENINSULA DISASTER COUNCIL
MINUTES OF THE SEPTEMBER 11 MEETING
The meeting was called to order at 4: 14 P.M. The members in attendance were: Ken
Johnson, representing Belvedere and the Belvedere City Council; Rosemary Bliss, Fire
Chief; Bob Kleinert, Tiburon Town Manager; and Frank Buscher, Elva Edgar, & Judy
Bloch representing Tiburon.
Members not in attendance were: Ed San Diego, Belvedere City Manager; Tom
Cromwell, medical Iiason; John Scarborough, City of Belvedere; & Shiela Puckett, Reed
District Superintendent Eventually, Rosemary will alternate her attendance with the Alto
Fire Department Tiburon will be appointing a Town Council member as well. Ken
Johnson wondered about including a county representative since portions of the Tiburon
Peninsula are unincorporated. His suggestion was tabled for now.
Rosemary led a discussion of the reasons behind the formation of The Council. I t was
suggested that we also investigate the state requirement of the formation of city Disaster
Councils. Rosemary and Ken will bring this information to our next meeting.
Frank Buscher was elected chairman of the newly formed Council and Judy Bloch was
elected Secretary.
Initially, the group agreed to meet every first Monday of the month for six months. If the
first Monday is a holiday, the meeting will automatically move to the second Monday.
All meetings will be held in the conference room in the fire department at 4 P.M.
Eventually, The Council will meet every other month.
The Council next discussed the goals of the committee, what needs to be accomplished.
The following is a list of ideas put forth.
Review new state disaster plan requirements. Are we in compliance?
Update the disaster plan. Incorporate the incident command system.
Calendar regular disaster table top exercises.
Follow through on recommendations following table top exercises.
Orientation for all new elected officials and new employees.
Pursue developing some sort of community communication process.
Give input on the EOC room being planned for the new police department
Brain storm for useful, simple ideas
How to proceed organizing the neighborhoods, especially in Tiburon
The group agreed to work on a mission statement at the next meeting as well as continue
to develop the list of goals. They will also discuss the SEMS (Standardized Emergency
Management System) presently being mandated in order for cities to receive state and
federal expense reimbursement following an emergency.
For now the group wishes to remain small but eventually will considcr pcrhaps including
a county representative in The Council.
The meeting was adjourned at 5: 15 P.M. The next meeting is schcduled for October 2.
Respectfully submitted,
9d(f 1) (/jlz/~