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TIBURON TOWN COUNCIL
AGENDA
TOWN OF TIBURON
1101 TIBURON BLVD.
REGULAR MEETING
MEETING DATE:
CLOSED SESSION:
MEETING TIME:
JULY 5, 1995
FOLLOWING
7:30P.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) Umit Presentations to 3 minutes; (5) Speak
Directly into Microphone.
In compliance with the Americans.....-ith 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 Tille ilJ
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REDEVELOPMENT AGENCY
A. ROLL CALL
B. APPROVAL OF MINUTES
I. #RA-45-95 June 21, 1995
C. PUBLIC HEARING
2. ADOPTION OF FY95-96 REDEVELOPMENT AGENCY BUDGET
(Resolution)
D. ADJOURNMENT
TOWN COUNCIL
A. ROLL CALL
B. PUBLIC QUESTIONS AND COMMENTS
Please confine your COII/II/enls during lhis porlion o/lhe agenda 10 mallers nol already 011 lhis agenda. olher
than ifems on the Consent Calendar. The public will be given an opporlUllity 10 speak on each agenda ilem al
lhe lime it is called PreSenlQlions are limited 10 Ihree (3) mim/les. Afallers requiring aclion will be refefTed 10
lhe appropriale COII/II/issiun, Board, CVfJJmillee or Slafffur consideralion and/or placed on afulllre meeling
agenda.
C. COllNCIL. COMMISSION OR COMMITTEE REPORTS
D. CONSENT CALENDAR
The purpose of the Consent Calendar is to group items together which generally do no/ require discussion and
which will probably be approved by one marion unless separate action is required on a particular item. Any
member of the Town Council, Town Staff, or the Public may request removal of an item/or discussion.
1. APPROVAL OF MINUTES #1056, June 12,1995; #1057, June 21,1995
2. RESOLUTION GRANTING CONSENT TO FORMATION OF OLD
LANDING ROAD SEWER ASSESSMENT DISTRICT (District NO.2 - Corte
Madera)
3. TOWN MONTHLY INVESTMENT SUMMARY (May 31, 1995)
E. UNFINISHED BUSINESS
4. RESOLUTION - Request that State Stop Logging in Headwaters Forests -
Humboldt County (Recommendation by Marin Mayors & Councilmembers)
5. NEW TOWN CENTER - Reports from Committee Chairs/Consider Additional
Committee Appointments
F. PUBLIC HEARING
6. FRAIGE SUBDIVISION PRECISE PLAN AMENDMENT #39502;
STEVENS COURT (Resolution)
G.. NEW BUSINESS
7. FY95-96 TOWN BUDGET
a. Non-Represented Employees Salary Adjustment (Resolution)
b. Fund Transfers - Proposed Reallocation among General Fund
Designation Reserves
H. COMMUNICA nONS
8. LETTER FROM PETER BROOKS REGARDING FORMATION OF AN AD
HOC COMMITTEE TO LIST DESIGNATED TREES (6/19/95)
I. STAFF & TOWN l\IANAGER REPORTS
9. PROPOSAL FOR ADDITIONAL MICROPHONES IN COUNCIL
CHAMBERS (Hal Schmidt)
J. ADJOURNMENT
DATE OF MEETING: Julv 5.1995
NO. 7-1995
DATE POSTED: June 30. 1995
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 LITIGA TION
(Section 54956.9)
Name of Case: ZACK v. TIBURON
WILLIAMS v. TIBURON
KA Tki~#/
REDEVELOPMENT AGENCY
MINUTES
DRAFT
CALL TO ORDER
Chairman Thompson called the meeting of the Redevelopment Agency of the Town of Tiburon to
order at 7:34 P.M., Wednesday, June 21,1995 at 1101 Tiburon Boulevard, Tiburon, California.
A. ROLL CALL
PRESENT: BOARDMEMBERS: Ginalski, Nygren, Wolf, Thayer, Thompson
ABSENT: BOARDMEMBES. None
EX OFFICIO: Executive Director Kleinert, Finance
Director Stranzl, Minute Clerk Crane
B. APPROVAL OF MINUTES
1. #RA-43-95 February 1, 1995; #RA-44-95 March I, 1995
MOTION.
To approve Minutes #RA-43-95 and #RA-44-95, as submitted.
Moved:
Vote:
Thayer, Seconded by Wolf
AYES: Unanimous
NOES: None
C. PUBLIC HEARING
2. REDEVELOPMENT AGENCY BUDGET
a) Recap FY94-95 Budget
b) Presentation and Adoption FY95-96 Budget (Resolution)
MOTION:
To accept general recommendations presented by Finance Director StranzI.
Moved:
Vote.
Nygren, Seconded by Thayer
AYES: Unanimous
NOES: None
Finance Director Stranzl to prepare Resolution adopting FY95-96 Budget.
#RA-44-95
June 2], ]995
1
D. ADJOURNMENT
There being no further business before the Redevelopment Agency of the Town ofTiburon, Chairman
Thompson adjourned the meeting at 7:43 P.M., until July 5,1995.
ANDREW THOMPSON, CHAIRMAN
ATTEST:
ROBERT L. KLEINERT, EXECUTIVE DIRECTOR
#RA-44-95
June 21,1995
2
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TmlJRON REDEVELOPMENT AGENCY STAFF REPORT
MEETING OF JULY 5, 1995
TO:
FROM:
RE:
TIBURON REDEVELOPMENT AGENCY BOARD OF DIRECTORS
FINANCE DIRECTOR
RESOLUTION ADOPTING REDEVELOPMENT AGENCY BUDGET
FISCAL YEAR 1995-96
Ikm:.
This item is for approval of the Resolution Adopting the Redevelopment Agency Budget Plan for
Fiscal Year 1995-96.
At the Redevelopment Agency meeting of June 21, 1995 Staff presented the Agency pre-audited
financial statements for Fiscal Year 1994-95, and a proposed budget plan for Fiscal Year 1995-
96, Town Council (the Agency Board of Directors) accepted the statements and approved the
proposed budget.
Recommendation:
The Board of Directors adopt the Resolution which adopts the Agency budget for 1995-96.
Exhibits:
I. Resolution Adopting the Agency Budget for Fiscal Year 1995-96.
TIBURON REDEVELOPMENT AGENCY, Budget 1995-96
Page-l
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE TmURON REDEVELOPMENT AGENCY
ADOPTING THE REDEVELOPMENT AGENCY
BUDGET PLAN FOR FISCAL YEAR 1995-96
WHEREAS, the Board of Directors of the Tiburon Redevelopment Agency conducted a
Public Hearing on June 21, 1995 concerning the Agency's Budget Plan for Fiscal Year 1995-96,
and
WHEREAS, the Finance Director presented fiscal information concerning actual and
estimated revenues, expenditures, and other sources and uses of Agency funds for the Fiscal Year
1994-95, which included information concerning estimated available General Increment and
Housing Set-Aside fund resources on July 1,1995, and
WHEREAS, the Agency Board of Directors now finds that the proposed Budget Plan
provides for all appropriate Agency services and purposes within current fund resources and
anticipated revenues for Fiscal Year 1995-96;
NOW THEREFORE, IT IS RESOLVED: that the Tiburon Redevelopment Agency
Budget Plan for Fiscal Year 1995-96 is approved by the Board of Directors at the Agency
meeting ofJune 21, 1995, and as indicated in the following section;
General Tax Increment Fund
Estimated Cash Resources on July 1,1995:
Estimated Revenues
Estimated Governmental Expenditures
Repayment of Advance to Housing Set-Aside Fund
Debt Service Payment to Pt. Tiburon CFD
Estimated Cash Resources on June 30, 1996
Amount Reserved for Repayment of Advance
$ 79,504
511,500
-16,500
-15,000
-472,500
$ 87,004
-30,000
Housing Set-Aside Fund
Estimated Cash Resources on July I, 1995: $ 762,547
Estimated Revenues 231,000
Estimated Governmental Expenditures -37,500
Hilarita/TEA Project, carry forward -90,000
Cecilia/EAH Project, continue predevelopment -100,000
Cecilia/EAH Project, begin site improvements -110,000
Cecilia/EAH Project, Sale of Site to Developer 250,000
Cecilia/EAH Project, Construction Loan -180,000
Repayment of Advance, Due From General Fund 15,000
Estimated Cash Resources on June 30, 1996 $ 908,547
Amount Due From General Fund, Repayment of Advance 30,000
-1-
and is hereby approved and adopted as the Agency's Budget Plan for Fiscal Year 1994-95, and all
revenues expenditures, sources, uses, transfers and appropriations set forth therein are also
approved; and,
IT IS FURTHER RESOLVED: that the Town Manager (Executive Director) may make
adjustments between functions and activities within the budget provided that no expenditure or
encumbrance contingent on contract agreement, or other engagement requiring approval of the
Board of Directors shall be made until such contract, agreement, or other engagement is first
approved by the Board of Directors.
PASSED AND ADOPTED at a meeting of the Board of Directors of the Tiburofi
Redevelopment Agency on . ] 995 by the following vote:
AYES:
NOES:
ABSENT:
BOARDMEMBERS:
BOARDMEMBERS:
BOARDMEMBERS:
ANDREW THOMPSON, CHAIRMAN
Tiburon Redevelopment Agency
ATTEST:
ROBERTL. KLEINERT
EXECUTIVE DIRECTOR
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TOWN COUNCIL
MINUTES
Drt' ;: r-r
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CALL TO ORDER
Mayor Thompson called the adjourned meeting of the Town Council of the Town of
Tiburon to order at 7:38 p.m., Monday June 12, 1995 in Council Chambers, 1101
Tiburon Blvd., Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Nygren, Ginalski, Thayer, Thompson, Wolf
ABSENT: COUNCILMEMBERS: None
EX OFFICIO:
Town Manager Kleinert, Town Attorney Ewing,
Finance Director Stranzl, Town Engineer
Mohammadi, Town Clerk Crane
B. PUBLIC OUESTIONS AND COMMENTS
Mayor Thompson reported having dinner with ABAG representatives and Mayor
Peter Bryant of Rockdale, Australia, who presented the Mayor and the. Town of Tiburon
with a commerative plaque during his recent visit to the Bay Area.
C. CONSENT CALENDAR
A correction was made to Resolution No. 3094, page 4, certifying the June 6
election results. Councilmember Wolf rnSlVed to adopt the Resolution Certifying the
Results of the Municipal Election Held in and for the Town of Tiburon on June 6, 1995,
for the Purpose of Deciding Measures "J", "K", & "L", Location and Funding of New
Town Hall and Police Facilities, Councilmember Thayer seconded the Motion, All ayes
were recorded.
D. PUBLIC HEARING
2. FY95-96 TOWN BUDGET
a) Capital Improvement Program. Finance Director Stranzl stated that the Capital
Improvement portion of the budget consisted of street improvements, drainage
improvements, and all other community development projects.
Streets. Council reviewed the proposed street improvement program on pp. 86 &
TOWN COUNCIL MINUTES #1056
6/12/95
1
87 of the budget. Town Engineer Mohammadi reviewed the priority list of streets
scheduled for repair in the next two years, two to five years, and long-term.
Councilmember Nygren asked where the funding would come from if the bond did not
pass. Town Manager Kleinert said that staff would come back with a proposal for
additional community funding.
Town Engineer Moharnmadi said that Belveron was included in the first two-year
program, but that work on Lyford Drive would not commence until next Spring. He said
that patch work or an overlay was not the best solution and he thought the Town should
wait to see if there was additional bond money for that project.
Councilmember Ginalski asked whether the Town would get money from Southwest
Diversified, who had done construction on the Monterossa [Lyford Drive] project. Sia
waid that developers will only pay to return the street to its original condition (prior to
commencement of their project).
Drainage, Town Manager Kleinert reported that he had rnet with the Greenwood
Beach property owners and asked Council to approve the proposed cost-sharing
arrangement in which the Town would replace an existing storm drain (cost
approximately $26,000), and the property owners would pay for the creation of a
drainage system through Blackie's Pasture to Richardson Bay (cost approximately
$54,000).
Council member Nygren wanted to know how this project would affect the current
plans for Blackie's Pasture. Town Attorney Ewing said the Town still had to go through
BCDC for permits, Councilrnember Thayer suggested sending the plans to the Planning
Departrnent for coordination with Blackie's Brigade and POSC plans. Councilmember
Nygren stated that the Greenwood Beach Plan needed public review. Town Manager
Kleinert said he would arrange for POSC to see the proposed Greenwood Beach
drainage plan at their June 13 meeting.
Community Development - Fer!)' Dock. No action taken,
Community Development - Blackie's Pasture. Town Engineer Mohammadi said
that the County was waiting for all Open Space applicantions to be turned in before
allocating grant monies. He will follow up to find out when the monies for Blackie's will
be released. The Town had allocated $7,500 toward the project and Blackie's Brigade
was seeking donations of time, materials and services. Sia reported that Stan Bala was
involved in both (the Greenwood Beach and Blackie's) projects and that each project
could be done independent of the other without conflict. He said he would talk to Stan
about this.
Railroad Marsh Maintenance Plan. Councilmember Nygren asked whether flood
plain money could be used to improve the Railroad Marsh. Town Attorney Ewing said
TOWN COUNCIL MINUTES #1056
6/12/95
2
he did not think that was the original intent of the money but that he would raise the
issue in the [Ferry Dock] meeting with David Irmer and the Pt. Tiburon Homeowners
Association,
Councilmember Wolf suggested developing a complete plan for the site of the new
Library and Town Hall which adjoins the Railroad Marsh, and to involve the Parks and
Open Space Commission and Joint Recreation Departments of Tiburon and Belvedere.
Councilmember Thayer asked Town Manager Kleinert to develop more information
and to coordinate the project with the Pt. Tiburon Homeowners Association, POSC and
Joint Recreation Department.
Councilmember Nygren suggested using the EIR prepared by the Tiburon Peninsula
Club for reference and to treat the Marsh as a wetland.
New Town Center. Finance Director Stranzl said that $1,600,000 was set aside for
the project in FY95-96.
Shoreline Park Lighting. Mayor Thompson asked whether it was worth maintaining
the high definition lights. Councilmember Thayer asked if the Town could get a true
waterproof fixture.
Senior Housing. Councilmernber Ginalski reported that the Cecilia Place Senior
Housing applicaation for federal funding had been approved.
Playground Fund. Councilmember Wolf asked if citizen donations were earrnarked
and whether the fund was restricted. Finance Director Stranzl said that they were,
2.b) Business License Program. Finance Director Stranzl said that Mary Bowles
had approached the Town about a year ago offering her services for fee collection. He
reported that in the last year, Accounting Technician Heidi McVeigh had undertaken
the task of identifying all businesses through reverse directory and other means. He felt
that the Town's business license system was under control and that there was not need
to outsource at this time. He also thought the permit fee structure proposed by Ms.
Bowles would hurt small businesses.
Councilmember Wolf asked whether the Town's fees were high compared to other
cities. Finance Director Stranzl said he would come back with a report.
Councilmember Ginalski asked that Town staff reply to Mary Bowles in a letter,
and Town Manager Kleinert said that he would invite her to come to Town Hall for a
meeting.
There being no further business before the Town Council of the Town of Tiburon,
TOWN COUNCIL MINUTES #1056
6/12/95
3
Mayor Thompson adjourned the meeting at 8:50 p.m., sine die.
ANDREW TIIOMPSON, MAYOR
ArrEST:
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL MINUTES #1056
6/12/95
4
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TOWN COUNCIL
MINUTES
DRAFT
CALL TO ORDER
Mayor Thompson called the regular meeting of the Town Council of the Town ofTiburon to order
at 7:44 p.m., Wednesday, June 21, 1995 in Council Chambers, 1101 Tiburon Boulevard, Tiburon,
California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
Nygren, Ginalski, Thayer, Wolf, Thompson
ABSENT: COUNCILMEMBERS:
None
EX OFFICIO:
Town Manager Kleinert, Town Attorney Ewing, Finance
Director Stranzl, Police Chief Herley, Town Engineer
Mohammadi, Planning Director Anderson, Town Clerk Crane
B. PUBLIC OUESTIONS AND COMMENTS
George Landau, 82 Sugarloaf, asked the Council to reconsider and revise the Town policy
pertaining to Town-owned trees, so that they would be trimmed on a regular basis to keep view
corridors clear.
Joe Keller, 699 Hilary Drive, speaking about the Green Can Trial Program, suggested that
the Town license gardeners who haul away yard waste in order for the Town to receive appropriate
credit at the land-fill facility, or that the waste be put in a special place that would give credit.
C. CONSENT CALENDAR
A correction was made by Council member Thayer to the June 7 minutes, changing the word
"defendants" to "plaintiffs" (Item 10, ADA, page 8).
MOTION:
Moved:
Vote:
To approve Consent Calendar, including Minutes as amended.
Thayer, Seconded by Wolf
AYES: Unanimous
NOES: None
ABSTAIN: Nygren & Ginalski, May 31 Minutes
D. UNFINISHED BUSINESS
TOWN COUNCIL MINUTES #1057
6/21/95
1
5. New Town Facilities. Town Manager Kleinert gave the staff report outlining a plan of
action for the implementation of the New Town Hall, Police Facility, and Senior Housing
construction. He stated that the Town staff would take an active leadership role, reporting to
Council, and proposed that two separate citizen committees be organized to work on the Town Hall
and Senior Housing components. The committees would also report to the Council, and "sunset"
after their specific tasks were completed prior to construction. The proposed committees consisted
of the following individuals: New Town Hall/Civic Center - Jim Wilson (Chair), Hal Edelstein, Jim
Levorsen, Bruce Ross, Evelyn Woo; Senior Housing Advisory - Larry Smith (Chair), Hank Bruce,
Tom Gram, Martin Mackey, Paul Schrier.
Mayor Thompson reported that Paul Schrier could not serve on the Senior Housing
committee, and suggested someone from RUSD,
Council member Thayer said that Nat Marans wanted to serve.
Councilmember Wolf said the committees should be kept to five individuals to keep them
from becoming unwieldy.
Town Manager Kleinert said the current proposed committees were composed of interested
and supportive individuals, and asked if there was a need to advertise further.
Councilmember Nygren said that the committees should have Tiburon residents on them, and
proposed Alan Littman instead of Jim Levorsen.
Mayor Thompson opened the public hearing.
Hal Edelstein, 34 Noche Vista Lane, said that it was critical to have a small committee
working during the design and construction phase to act as intermediary and to handle the details of
the work as they occur. He also stated that the Town should look into a soil study right away
because it could take a long time and delay the process. He said he would be pleased to serve on the
Town Hall Committee, if asked.
Richard Hinkel, 2 Malvino Court, volunteered to serve and said that the committees as stated
were too small and needed "conscientious, hardworking folks," not just lawyers and architects.
Hearing returned to Council.
Council member Thayer said he did not want to tie the hands of the committee chairs, but
thought nine individuals per committee was better than five.
Councilmembcr Wolf said thc committees were set up for the purpose of plan implementation
and that it was "well past the time of constructing political committees." She said some people were
skeptical about the issue of cooperation and said if she saw the process veering in the direction of
TOWN COUNCIL MINUTES #1057
6/21/95
2
politics rather than implementation, it would be a show of bad faith.
Councilmember Thayer asked ifhe had used the word "political," and said that he was acting
in good faith, based on his experience in working with committees in the past. He asked
Councilmember Wolf to withdraw her comment about bad faith.
Councilmember Ginalski said he had asked Town Manager Kleinert to open up the process
to the public for participation on the committees.
Councilmember Nygren concurred that there should be public notice and the number on the
committees expanded to nine.
Mayor Thompson said that he had placed a letter in The Ark inviting citizen participation in
general. He suggested that the committees start out with five members to get them started, and to
decide on further action at the next meeting.
MOTION:
To adopt the two Committees, as named, and to incorporate Hal Edelstein's
suggestion of continuing through the construction phase with a small committee.
Moved:
Vote:
Wolf, Seconded by Thayer
AYES: Ginalski, Thayer, Wolf, Thompson
NOES: None
ABSTAIN: Nygren
Councilmember Thayer also directed Town staff to follow up on the soil study mentioned by
Mr. Edelstein.
6. Blackie's Pasture Marsh Restoration Plan. Town Manager Kleinert reported that the Parks
and Open Space Commission had unanimously approved the proposed Marsh Restoration plan and
recommended that the Council adopt the plan, subject to the question of future maintenance being
resolved, and the plan being coordinated with the other groups and projects currently in the works.
Kleinert said the Town had received some adverse comments from some public agencies, and
that the Fire Department liked to use the area for staging purposes. He proposed delaying a final
decision by Council until all the agencies had seen and commented on the plans.
Councilmember Nygren asked whether the Fire District had seen the proposed 140-car
parking lot and grass overflow area.
Councilmember Thayer asked whether the utility services had been identified in the affected
area. Town Manager Kleinert said they had been identified and were located near the berm.
TOWN COUNCIL MfNUTES #1057
6/21/95
3
Mayor Thompson asked whether the earth excavated from the Marsh would fit in the
proposed relocation area.
Mayor Thompson opened the public hearing.
Barbara Salzman, Audubon Society, gave a presentation eXplaining the proposed Marsh
project. She said the Town Council had approved funding for an alternative plan and the latest plan
met the criteria. She said the new Marsh would have benefits for the health of the Bay and would
leave a large grassy area open for activities and parking.
Ms. Salzman said the total cubic yardage of earth was 7,500, to be kept on the site. Mayor
Thompson asked whether the earth from the other project (Blackie's Brigade) had been included. Ms.
Salzman said she was not in a position to comment on the Brigade Plan.
She said the Audubon Society would seek grants to provide funding for the Marsh, primarily
from sources available for wetland and marsh restoration. She stated that tidal marshes do not
require a lot of maintenance but that the drainage channel might have to be opened up every 15-20
years.
Council asked questions about parking and emergency access. The issue of whether the Town
would lose jurisdiction to BCDC was also raised.
Councilmember Nygren said the Town would be privileged to have Ms. Salzman's expertise
and listed her accomplishments on other Marsh Restoration projects.
Councilmember Thayer thought that Blackie's Brigade should be allowed to go forward with
their part of the plan if there were no substantial conflicts. Larry Smith said that work would
commence within the next 30 days.
After a lengthy public hearing, both for and against the Marsh, the matter was continued to
allow time to answer some of the questions raised and to receive comments from the public agencies.
Council member Thayer also proposed giving the Audubon Society a year in which to raise the
necessary funds.
7. Downtown Ferry Dock Realignment. Town Attorney Ewing reported on his meeting with
Mr, Irrner and members of the Bayside [pI. Tiburon] Homeowners' Association. He also had further
discussions with the engineer about the size of the dock and found the size could be reduced from
132 feet to 100 X 34 feet and still meet ADA and budget requirements.
Ewing reiterated his opinion that the public use and construction of the dock would not
violate that subdivision agreement with PI. Tiburon, but noted that the residents of PI. Tiburon were
still opposed and had indicated they would pursue legal remedies if the Town proceeded with the
plan.
TOWN COUNCIL MINUTES #1057
6/21/95
4
Mayor Thompson opened the public hearing. C.J. Key, 108 Paradise Drive, John Y oeman,
107 Paradise Drive, Herb Charles, 114 Paradise Drive, aU spoke against the proposed dock, and said
the Homeowners were prepared to take legal action if the dock was approved. Mayor Thompson
closed the public hearing.
Councilmember Thayer said that emergencies such as the 1982 Golden Gate Bridge closing
and 1989 Lorna Prieta Earthquake would require a good dock to handle the public safety and welfare
needs of the community, and wondered whether something could be worked out to meet these needs.
He said it was not a good idea for the Town to enter into litigation with its residents.
Council member Wolf asked whether the dock could be rotated closer to [the Main Street]
shore and McDonogh Dock.
Councilmember Ginalski asked whether the dock could be built somewhere else and whether
the State had plans to build a dock.
Councilmember Nygren said the size of the dock and increased traffic was not in keeping with
Tiburon's small-town character, and if the Town built in open space it would be setting a bad
precedent.
Mayor Thompson said the Town had a moral obligation to conform to ADA and the point
of building the dock was not to increase traffic, but that the size of the proposed dock was still
unacceptable.
Town Attorney Ewing said he had looked into a rotating dock or parallel dock and that
neither option was viable at this time. He said a smaller dock would not conform to ADA.
MOTION: To drop the proposal for a New Downtown Ferry Dock.
Moved.
Vote:
Thayer, Seconded by Nygren
AYES: Unanimous
NOES: None
E. PUBLIC HEARING
8, FY95-96 TOWN BUDGET. Councilmember Nygren asked for a line item to be added for
compensation (salary adjustment), and to agendize discussion of various fund transfers. Finance
Director Stranzl said he would amend the Resolution accordingly.
MOTION:
To adopt the FY95-96 Town Budget, as amended.
Moved:
Vote:
Thayer, Seconded by Wolf
AYES: Unanimous
TOWN COUNCIL MINUTES #1057
6/21/95
5
NOES: None
9. Leaf Blower Ordinance. Council member Wolf said she thought the ordinance as drafted
was almost meaningless and asked that it be sent to the Planning Commission for their review. She
suggested that the Commission develop a proposal similar to Ross' ordinance which limits the use of
gas leaf blowers. Councilmember Thayer concurred.
Mayor Thompson opened the public hearing.
George Landau, 82 Sugarloaf, said that leaf blowers were loud and saw no reason for their
existence. He thought Belvedere had the right idea in banning (gas) leaf blowers.
Joe Keller, 699 Hilary Drive, concurred.
Hearing returned to Council.
MOTION:
To remand the ordinance to the Planning Commission to develop a new ordinance in
the direction of Ross' ordinance.
Moved:
Vote:
Wolf, Seconded by Thayer
AYES: Unanimous
NOES: None
F. COMMUNJCA nONS
10. Eighth Annual Chili Festival. Unanimously approved.
11. Letter from Attorney Nielsen to Town Manager. Town Manager Kleinert reported
receiving a letter from Mr. Zelinsky's lawyer, Chip Nielsen, suggesting the Town ask the State to
remove the lis pendens from the Town-owned portion of the property at the Downtown Town Hall
site).
Councilmember Thayer said he thought it was an appropriate step. Council directed Town
staff to write a letter to the State.
G. STAFF & TOWN MANAGER REPORTS
Council directed Town staff to set up interviews for openings on the Planning Commission
and Design Review Board, Town Manager Kleinert said he had sent letters to the incumbents and
was waiting for their replies,
TOWN COUNCIL MINUTES #1057
6/21/95
6
There being no further business before the Town Council of the Town Tiburon, Mayor
Thompson adjourned the meeting at 12: 15 a.m., sine die.
ANDREW THOMPSON, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL MINUTES #1057
6/21/95
7
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RESOLUTION NO.
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
GRANTING CONSENT TO FORMATION OF
OLD LANDING ROAD SEWER ASSESSMENT DISTRICT
SANITARY DISTRICT NO. 2 OF MARIN COUNTY
(a subsidiary district of the Town of Corte Madera)
The Town Council of the Town of Tiburon resolves:
1. This Council has been requested to grant its
consent to the inclusion of certain property within the
incorporated limits of the Town in the Old Landing Road Sewer
Assessment District of Sanitary District No. 2 of Marin County
pursuant to Sections 10103, 5115-5119, and 10104 of the
California Streets and Highways Code. It is conceded in the
request that it is tardy, although it is pointed out that none of
the public hearings in the proposed assessment district had yet
been noticed or held. Copies of the Requests are attached hereto
as Exhibit A.
2. This Council finds that although it was aware of
the assessment district proceedings, and has taken preliminary
action with respect to the associated annexation proceedings, the
proposed resolution of intention was not submitted to this
Council prior to its adoption by Sanitary District No.2. This
Council further finds that the requirement for such submittal is
for the protection of the Town and the owners of property within
the limits of the Town.
3. In light of the Requests attached hereto, this
Council, on behalf of itself, the Town, and the owners of
property as shown on the attached Requests, namely: Assessor's
Parcel Nos. 38-171-42 (Assessment No. 10), 38-171-60 (Assessment
SF2-39996.1
No. 11), 38-171-59 (Assessment No. 12) and 38-171-47 (Assessment
No. 40) (collectively, the "Parcels"), hereby expressly waives
any defect in the proceedings of the Board of Directors of the
Sanitary District No. 2 of Marin County (Corte Madera) by virtue
of the adoption of the Resolution of Intention prior to the
consent of this Council.
4. The requested consent, to the extent of the
property described in paragraph 3, is hereby granted; with the
understanding that the Board of Directors of Sanitary District
No. 2 of Marin County (Corte Madera) may take every lawful step
to complete the improvement, levy and collect assessments to pay
the improvement cost, and issue and enforce bonds representing
unpaid assessments.
5. This consent is granted on the further
understanding that the Sanitary District No. 2 of Marin County
(Corte Madera) is the "lead agency" as defined in the California
Environmental Quality Act for the purpose of complying with that
Act in the approval of the project contemplated by Old Landing
Road Sewer Assessment District.
6. The Town Clerk is directed to transmit a certified
copy of this resolution to the Secretary of the Sanitary District
No.2 of Marin County (Corte Madera).
*
*
*
SFl-39996.1
2
the Town
1995, by
AYES:
NOES:
ABSENT:
ATTEST:
PASSED AND ADOPTED
Council of the Town
the following vote:
Councilmembers
at an adjourned regular meeting of
of Tiburon on
,
Councilmembers
Councilmembers
Town Clerk
SF2.39996.t
Mayor, Town of Tiburon
3
. .\
.,
PROPERTY OWNER REQUEST AND WAIVER
OLD LANDING ROAD SEWER ASSESSMENT DISTRICT
SANITARY DISTRICT NO. 2 OF MARIN COUNTY
(a subsidiary district of the Town of Corte Madera)
TO: THE TOWN COUNCIL OF THE TOWN OF TIBURON:
I,
Sr;; A'Y ----I" ~
, declare:
I am the owner of the property identified as follows:
38-171-42 (Assessment No. 10)
[Assessor's Parcel Number]
located within the incorporated limits of the Town of Tiburon.
I hereby request inclusion of my property in the Old
Landing Road Sewer Assessment District of Sanitary District No. 2
of Marin County (Corte Madera), which, if formed, will.
accomplish, among other things, the construction of a sewer
system to serve my property.
In furtherance of this request, I note that since my
property lies within the Town of Tiburon, the law requires that
the Town of Tiburon grant consent to the Sanitary District No. 2
of Marin County (Corte Madera) to include my property in the
Assessment District before adopting the Resolution of Intention
for the Assessment District proceedings (Streets and Highways
Code Section 10104). I am aware that this was not done, through
inadvertence.
I understand that I am entitled to mailed notice of two
public hearings on the proposed Assessment District, the second
of which must take place at least 45 days after notice is mailed
to me. I understand that this notice is required to include the
proposed amount of the assessment on my property, certain
instructions on how to protest against the assessment, and
certain other information. I understand that those hearings have
not yet been scheduled, and that when they are scheduled I will
receive proper notice.
Recognizing that the statutory requirement for the
consent of the Town of Tiburon was instituted for the benefit and
protection of someone in my position, I waive any claim I have to
Object to the timeliness of the requested consent.
Further, I hereby request the Town Council of the Town
of Tiburon to waive any defect in the adoption of the Resolution
of Intention without its consent, and to grant its consent to the
Board of Directors of the Sanitary District No. 2 of Marin County
(Corte Madera) to include my property in the referenced
SF2~39993.2
.\
Assessment District proceedings, and to take each and every step
required for or suitable for the consummation of the work and the
levying, cOllecting and enforcement of the assessments to cover
the expenses thereof and the issuance and enforcement of bonds to
represent unpaid assessments.
Date:
~ I "2....... ''lqS--
SP2-39993.2
Signature:
Print name:
2
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PROPERTY OWNER REQUEST AND WAIVER
OLD LANDING ROAD SEWER ASSESSMENT DISTRICT
SANITARY DISTRICT NO. 2 OF MARIN COUNTY
(a subsidiary district of the Town of Corte Madera)
TO :/-nIE TO~.. C. Of~\F TH
I, /!Lf-.'l/Lf ~
TOWN OF TIBURON:
, declare:
I am the owner of
u. ..
y 1dent1f1ed as follows:
38-171-60 (Assessment No. 111
[Assessor's Parcel Number]
located within the incorporated limits of the Town of Tiburon.
I hereby request inclusion of my property in the Old
Landing Road Sewer Assessment District of Sanitary District No. 2
of Marin County (Corte Madera), which, if formed, will
accomplish, among other things, the construction of a sewer
system to serve my property.
In furtherance of this request, I note that since my
property lies within the Town of Tiburon, the law requires that
the Town of Tiburon grant consent to the Sanitary District No. 2
of Marin County (Corte Madera) to include my property in the
Assessment District before adopting the Resolution of Intention
for the Assessment District proceedings (Streets and Highways
Code Section 10104). I am aware that this was not done, through
inadvertence.
I understand that I am entitled to mailed notice of two
public hearings on the proposed Assessment District, the second
of which must take place at least 45 days after notice is mailed
to me. I understand that this notice is required to include the
proposed amount of the assessment on my property, certain
instructions on how to protest against the assessment, and
certain other information. I understand that those hearings have
not yet been scheduled, and that when they are scheduled I will
receive proper notice.
Recognizing that the statutory requirement for the
consent of the Town of Tiburon was instituted for the benefit and
protection of someone in my position, I waive any claim I have to
object to the timeliness of the requested consent.
Further, I hereby request the Town Council of the Town
of Tiburon to waive any defect in the adoption of the Resolution
of Intention without its consent, and to grant its consent to the
Board of Directors of the Sanitary District No. 2 of Marin County
(Corte Madera) to include my property in the referenced
SF2-39993.2
r
Assessment District proceedings, and to take each and every step
required for or suitable for the consummation of the work and the
levying, collecting and enforcement of_t~e assessment to cover
the expenses thereof and the issuancrand-enforcemen 0 bonds~o
represent u a'd assessments.
Date: 51 Signature: ~
Print name:
9r /}J2-v~ .
d,/ V 04L Iv(
SF2-39993.2
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PROPERTY OWNER REQUEST AND WAIVER
OLD LANDING ROAD SEWER ASSESSMENT DISTRICT
SANITARY DISTRICT NO. 2 OF MARIN COUNTY
(a sUbsidiary district of the Town of Corte Madera)
TiO: THE TOWN/COUN. Cn.O.F. THE
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TOWN OF
TIBURON:
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declare:
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identified as follows:
38-171-59 (Assessm t No. 12)
[Assessor's Parcel Number]
located within the incorporated limits of the Town of Tiburon.
I hereby request inclusion of my property in the Old
Landing Road Sewer Assessment District of Sanitary District No. 2
of Marin County (Corte Madera), which, if formed, will
accomplish, among other things, the construction of a sewer
system to serve my property.
In furtherance of this request, I note that since my
property lies within the Town of Tiburon, the law requires that
the Town of Tiburon grant consent to the Sanitary District No. 2
of Marin County (Corte Madera) to include my property in the
Assessment District before adopting the Resolution of Intention
for the Assessment District proceedings (streets and Highways
Code Section 10104). I am aware that this was not done, through
inadvertence.
I understand that I am entitled to mailed notice of two
public hearings on the proposed Assessment District, the second
of which must take place at least 45 days after notice is mailed
to me. I understand that this notice is required to include the
proposed amount of the assessment on my property, certain
instructions on how to protest against the assessment, and
certain other information. I understand that those hearings have
not yet been scheduled, and that when they are scheduled I will
receive proper notice.
Recognizing that the statutory requirement for the
consent of the Town of Tiburon was instituted for the benefit and
protection of someone in my position, I waive any claim I have to
object to the timeliness of the requested consent.
Further, I hereby request the Town Council of the Town
of Tiburon to waive any defect in the adoption of the Resolution
of Intention without its consent, and to grant its consent to the
Board of Directors of the Sanitary District No. 2 of Marin County
(Corte Madera) to include my property in the referenced
SF2-39993.2
..-
Assessment District proceedings, and to take each and every step
required for or suitable for the consummation of the work and the
levying, COllecting and enforcement of the assessments to cover
the expenses thereof and the issuance and enforcement . ends to
represent unpaid asse~sments. \:<~~.< >' I
Date:(J/(1~t' 7,;1,/1] Signatur: Wk// ,/Z~",
1// / Print nam. .J,e' 1.-, '"
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SF2-39993.2
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PROPERTY OWNER REQUEST AND WAIVER
OLD LANDING ROAD SEWER ASSESSMENT DISTRICT
SANITARY DISTRICT NO. 2 OF MARIN COUNTY
(a subsidiary district of the Town of Corte Madera)
TO: THE TOWN COUNCIL OF THE TOWN OF TIBURON:
I,
S~~
, declare:
I am the owner of the property identified as follows:
38-171-47 (Assessment No. 40)
{Assessor's Parcel Number]
located within the incorporated limits of the Town of Tiburon.
I hereby request inclusion of my property in the Old
Landing Road Sewer Assessment District of Sanitary District No. 2
of Marin County (Corte Madera), which, if formed, will
accomplish, among other things, the construction of a sewer
system to serve my property.
In furtherance of this request, I note that since my
property lies within the Town of Tiburon, the law requires that
the Town of Tiburon grant consent to the Sanitary District No. 2
of Marin County (Corte Madera) to include my property in the
Assessment District before adopting the Resolution of Intention
for the Assessment District proceedings (Streets and Highways
Code section 10104). I am aware that this was not done, through
inadvertence.
I understand that I am entitled to mailed notice of two
public hearings on the proposed Assessment District, the second
of which must take place at least 45 days after notice is mailed
to me. I understand that this notice is required to include the
proposed amount of the assessment on my property, certain
instructions on how to protest against the assessment, and
certain other information. I understand that those hearings have
not yet been scheduled, and that when they are scheduled I will
receive proper notice.
Recognizing that the statutory requirement for the
consent of the Town of Tiburon was instituted for the benefit and
protection of someone in my position, I waive any claim I have to
object to the timeliness of the requested consent.
Further, I hereby request the Town Council of the Town
of Tiburon to waive any defect in the adoption of the Resolution
of Intention without its consent, and to grant its consent to the
Board of Directors of the Sanitary District No. 2 of Marin county
(Corte Madera) to include my property in the referenced
SP2-39993.2
Assessment District proceedings, and to take each and every step
required for or suitable for the consummation of the work and the
levying, collecting and enforcement of the assessments to cover
the expenses thereof and the issuance and enforcement of bonds to
represent unpaid assessments.
Date:~ \ :2.2.II~q5'
SF2~39993.2
~
Signature: I ~
Print name: ~~-l~~
2
TOWN OF TIBURON
1155 TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 435-7373
FAX (415) 435-2438
TOWN COUNCIL STAFF REPORT
TO.
TOWN COUNCIL
MEETING.
FROM.
FINANCE DIRECTOR
ITEM NO.
JULY 5,1995
r?
.:)
SUBJECT.
MONTHLY INVESTMENT SUMMARY STATEMENT
ASOFMAY31,I995
I. TOWN OF TIBURON
Institution! Agency Amount Rate Maturity
State of California
Local Agency Investment Fund $7,448,891 6.008% Liquid
L.A.I.F.
Federal Agency Issues
G.N.M.A $977 12.000% 04-14-2014
Total invested. $7,449,868
2. TIBURON REDEVELOPMENT AGENCY
Institution! Agency Amount Rate Maturity
State of California
Local Agency Investment Fund $1,164,304 6.008% Liquid
L.A.I.F.
Total invested. $1,164,304
Notes to tables:
State of California Local Agency Investment Fund (LAIF) - The interest rate represents the effective yield for the
month referenced above. The State distributes the data reports in the third week following the month ended.
GNMA - Principal and interest are paid monthly on this government security.
Acknowledgment This summary report accurately reflccts all pooled investments of the Town of Tiburon and the
Tiburon Redevelopment Agency, and is in conformity with State laws and the Investmcnt Policy adoptcd by the
Town Council. The investment program herein summarized provides sufficicnt cash flow liquidity to meet next
month's estimated expenditures.
BY.
AZ? :--
Richard Stranzl, Finance Director
June 27, 1995
TOWN OF TIBURON
MEMORANDUM
TO: TOWN COUNCIL MEETING DATE: JULY 5, 1995
FROM: TOWN ATTORNEY ITEM NO. Lj
SUBJECT: RESOLUTION CALLING ON THE STATE OF CALIFORNIA TO STOP
LOGGING IN THE HEADWATERS FOREST IN HUMBOLDT COUNTY
BACKGROUND AND ANALYSIS
At the last two meetings of MCCMC, the group has considered adoption of a resolution calling
on the Governor to use all efforts to halt logging of the ancient redwoods in the Headwaters Forest
in Humboldt County. At the MCCMC meeting of June 28, a majority of towns agreed not to
adopt the resolution but instead to take it back to their individual town councils for consideration.
All three of the members of the Tiburon Town Council present at the meeting (Mayor Thompson,
Council members Thayer and Nygren) requested that this item be placed on tonight's agenda for
discussion. Attached to this report is a copy of the resolution presented to MCCMC and some
background information presented by Fairfax Councilmember Frank Egger.
RECOMMENDATION
It is recommended that the Council discuss the item and consider adoption of the attached
resolution (to be modified to substitute the Town of Tiburon instead of MCCMC),
EXHIBITS
1. Resolution
RESOLUTION NO.
"
.. "
. "
A RESOLUTION OF THE MARIN COUNTY COUNCIL OF MAYORS AND COUNCILMEMBERS
CALLING UPON THE GOVERNOR TO DIRECT THE CALIFORNIA DEPARTMENT OF FORESTRY
AND FISH AND GAME TO IMMEDIATELY WITHDRAW ANY PLANS TO LOG THE ANCIENT
REDWOODS IN THE HEADWATERS FOREST IN HUMBOLDT COUNTY, CALIFORNIA, TO
INSTITUTE A PERMANENT MORATORIUM ON LOGGING AT SAID SITE, AND TO ENCOURAGE
ALL EFFORTS TO OBTAIN PUBLIC OWNERSHIP OF THE ANCIENT REDWOOD GROVES
WHEREAS, ancient redwood groves are an irreplaceable natural resource that is part of California's
heritage, as well as an American legacy; and
WHEREAS, Headwaters Forest is the last privately owned and unprotected stand of ancient
redwoods in the world, and the only habitat to nurture rare birds such as the marbled
murriet and the northern spotted own, and to protect streams for dwindling numbers of
salmon and steel head; and
WHEREAS, we are entering the third millennium and our generation has the duty to save the "last"
forest as our legacy to future generations; and
WHEREAS, the California Department of Forestry has accepted exemptions to allow Pacific Lumber,
subsidiary of Maxxam Corporation, to begin salvage logging operations in the
Headwaters Forest area without public notice and review; and
WHEREAS, Pacific Lumber, whose corporate headquarters are located in Marin County, should be
required to conduct a full biological assessment of endangered species dependent on
Headwaters Forest; and
WHEREAS, the "Riggs" proposal to trade logging rights in other National Recreation Areas for
Headwaters is an unacceptable forest-destroying scheme pitting the proponents of the
preservation of one important natural resource against another; and
WHEREAS, as stated in the March 19, 1995 San Francisco Chronicle editorial, "whatever
environmental and legal roadblocks are necessary, Pacific Lumber must not be allowed
to start dismembering 2,000 year-old trees. The virgin tract will be public property. It
must not be raped in the meantime,"
NOW, THEREFORE, BE IT RESOLVED, that the Marin County Council of Mayors and
Councilmembers calls upon the Governor to direct the California Department of Forestry and Fish and
Game to immediately reconsider the withdrawal of any plans to log in the Headwaters Forest and to
institute a permanent moratorium on logging in said site; and
BE IT FURTHER RESOLVED that this Council encourages all efforts to obtain public ownership of the
ancient redwood groves, including a sufficient buffer zone surrounding the Headwaters Forest.
PASSED AND ADOPTED at a regular meeting of the Marin County Council of Mayors and
Councilmembers held on the 28th day of June, 1995, at San Rafael, California.
Clerk
President
I'
. ..
TOWN
FAIRFAX
OF
142 SOllNAS ROAD. FAIRfAX. CALIfORNIA 94930
(41S) 4S3-1S84/fAX (41S) 453-1618
DATE:
TO:
FROM:
MCCMC Meeting of June 28,1995
Marin Mayors and Councilmembers
Frank Egger, Fairfax Councilmember
SUBJECT: Request for approval of "Headwaters Forest Preservation" Resolution
Marin County was on the cutting edge of the national environmental movement in the early seventies. Many
of the issues we took the lead in, i.e. clean air, clean water, river and bay protection, sustainable forestry
practices, protection of endangered species, coastal preservation and offshore oil drilling prohibitions, are
all threatened by the new Congress with rollbacks to the laws of the 50's and 60's.
The destruction of "Headwaters Forest" in Humboldt County is the tip of the iceberg. This last of the
privately held ancient redwood forests is going to be destroyed by Pacific Lumber Company whose
corporate headquarters are located right here in Mill Valley. Texas financier Charles Hurwitz and Maxxam
Corporation control Pacific Lumber as a result of a 1985 hostile takeover.
The taxpayers bailed out Hurwitz on a previous venture, his failed savings and loan business, with over 1.5
billion dollars of our money and not one penny has been paid back. A "debt for nature" trade is one
alternative solution whereby the FDIC recoups some losses by receiving Headwaters Forest in trade against
the 1.5 billion dollars owed by Hurwitz to the Federal Government
Last year Northcoast Congressman Dan Hamburg's legislation to purchase "Headwaters" passed the
house but stalled in the Senate. Hamburg was defeated by Frank Riggs in November 1994.
Congressman Riggs has taken the lead on Environmental rollback legislation. One of his amendments to
the Clean Water Act will allow Santa Rosa's treated industrial and residential sewage discharges into the
Russian River to be increased from 1 % to 20 % of the river flow, and we drink that stuff.
Proposition 130, the 1990 Forest Acquisition Act of which Headwaters Forest was the centerpiece, came
within 1% of winning Statewide. Marin County overwhelmingly passed Prop 130: 57,832 (YES) - 35,431
(NO) See below for city by city totals.
San Anselmo
Belvedere
Corte Madera
Fairfax
Larkspur
Mill Valley
Novato
Ross
Sausalito
Tiburon
San Rafael
Unincorporated
YES NO
3,837 1,669
642 579
2,324 1,378
2,414 855
3,097 2,078
4,576 1,693
8,272 7,653
716 472
2,291 1,005
2,112 1,389
10,4877,373
17,064 9,287
"....,~../,... q"r..r(",/ P~rI""
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TOWN OF TIBURON
MEMO
To:
From:
Subject:
Date:
Rob Ewing, Acting Town Manager
Diane L. Crane
New Town Hall Committees
June 28, 1995
On Monday, June 26, Mark Ginalski called me with the name of someone who might be
interested in serving on one of the New Town Hall Committees. His name is Lindsay Leveen, and
he has a construction firm which also provides architectural and project management services. I
passed the information on to Jim Wilson. Mr. Leveen's telephone numbers are: 435-5508 and
(work) 408-437-1355.
Jim Wilson said he wanted to make a presentation to Council at the July 5 meeting, and I
have placed him on the Agenda.
Mark also asked whether there was going to be a notice to advertise openings on the
committees in The Ark. I was not certain about this, so I called Deirdre McCrohan who said she
was making it part of her article on the New Town Hall. That article appears on page 10 of this
week's Ark.
The only other application I have received is a letter from Richard Hinkel (received Friday,
June 23, Town Hall). Copies of his letter have been distributed to Council.
PI~~ I~ m, '.ow if yoo _Id Iik, m, <0 do ,"~hin~'I)1 L
Diane L. Crane
Town Clerk
cc: Bob Kleinert
Ik"", Mo.S-
fRl~~~D~5~[Q)
THE LARRY SMITH COMPANY
... helping you discover new directions
"
TOWN OF TIBURON
July 3, 1995
Town Council
Town of Tiburon
Dear Councilmembers:
It is a privilege to serve on the Senior Housing Advisory Committee and to
function as its chairman. I must confess, however, that given the task of this
comrnittee, my decision to serve revolved importantly around who I'd be
serving with. The talent and competence of those candidates made it an easy
decision. I was disappointed that Paul Schrier withdrew.
Although I would have preferred the smaller committee of five, the increase to
seven is tolerable. We will lose participants if we go beyond seven.
After your last council meeting, a nurnber of names were suggested to me from a
variety of sources. I've approached those who, in the judgment of members
already approved, bring expertise and professional experience to the table. I offer
the following candidates for appointrnent to this advisory cornmittee:
Larry Livingston...retired frorn a distinguished career in city planning.
Jerry Riessen...construction project rnanagement.
Bill Smith...former Mayor of Belvedere (now a Tiburon resident); career in
real estate development.
These three are willing to join yours truly, Hank Bruce, Tom Gram and Martin
Mackey for a total of seven members. This is a unique collection of talent which
you couldn't afford to buy which, quite frankly, is a primary motivating factor for
these members' willingness to serve, i.e. teaming up with recognizable talent.
1834 CENTRO WEST
T!BURON. CA 9,1920
(410) 435.2641
In my view, this committee will be functioning as a task force. As the chair, I
can assure you that consultation with those groups having a stake in the
shape of the Ned's Way Senior Housing project will take place at the
appropriate times. Such consultation would include the School Board, Child
Care Board, Hilarita's Board and Tiburon's Housing Comrnittee.
Hopefully, this meets with your approval. I'm planning a "get organized"
meeting next week.
Richard R. Hinkel
2 Malvino Court
Tlburon, CA 94920
( 415)435-3709
T-kM tfJ(), )
~
.rc---" ~~, June 22, 1995
~ fl\l"'t~
obert L. Kleinart &
Tiburon Town Council
1155 Tiburon Boulevard
Tiburon, Ca 94920
/n) rt'" If"" IC': n \In rt:::' fR\
U~~~~~~ W~JJ
JiJ~ 2 3 1995
TOW:~ r,M\NAGEH'S OFFICE
TOWN Or: TIBURON
Please accept this as my application for a position on the Senior Housing Advisory
Committee. Quite frankly, I am surprised that I, as the Chairman of the Tiburon Housing
Committee, was not recommcnded for appointment along with the other five individuals
presented to Council.
I believe my community activities are evidcnce of a sinccre conccrn and willingness
to work for matters of importance to the future of Tiburon. I hope that all Council
mcmbers can put aside partisan politics and recognize the need for a person holding my
position (Housing Committee Chairman) to be involved in this important advisory role.
I believe you and Town Council Members are familiar witho1Jter community
service areas with which I have been involved in recent years so I WIll not elabornte upon
them. Specifically, they are:
I. Member of the Citizens Financial and Operntions Review Committee
2. Chairman, Tiburon Housing Committee (current)
3. Co-chair, Build It Now Committee for a new Town Hall at Neds Way
4. Chairman, NO on J&K, YES on L Committee for a new Town Hall at Neds Way.
Also enclosed is a rcsumc of my private industry experience. That opportunity to
participate in senior levcl decision making and policy development, I believe, is a valuable
asset to bring to the public policy process. Also, at Homestake Mining I had responsibility
for facilities and real estate management including site selection, lease and building
negotiations and office design.
I will appreciate your considerntion.
Respectfully submitted,
~f!lJp
Richard R. Hinkel
RICHARD HINKEL
2 Malvino Court
Tiburon, California 94920
Home: (415) 435-3709
Office: (415) 981-0118
HUMAN RESOURCE EXECUTIVE with domestic and international experience.
Record of accomplishment includes establishing complete HR function for $400 million
company, Experience includes: organization assessment and succession planning;
management development and executive compensation; union relations and contract
negotiations; mergers, acquisitions, divestitures, and consolidations. Industry experience
includes natural resources, consumer products, electrical equipment and steel. M,A"
Human Resource Management.
EXPERIENCE
HOMESTAKE MINING COMPANY, San Francisco, California 1975-1993
Vice President Human Resources
Filled newly created position of V.P. Human Resources. Designed and implemented complete human
resource organization and programs to service up to 3,000 employees in six states, Canada and Australia.
Member of senior management team and active participant in strategic planning process. Substantial
interaction with compensation committee of board of directors primarily on executive compensation
programs and issues. Developed HR programs to support operating location needs,
. Established executive compensation programs including supplemental
rctirement, stock option, deferred income, severance agreement plans
and a performance based bonus plan which was incorporated into
Canadian and Australian operations.
· Designed and directed organization assessment, development and
succession planning programs covering all management levels,
. Conducted successful labor contract negotiations with mining and forest
product unions. Directed pre-bargaining analysis and strategy
development. Delivered settlements on or under budget while
maintaining effective relationship with union membership.
· Served as principal architect for compensation packages, retention offers
and associated HR programs in connection with mergers, acquisitions
and consolidations.
. Designed and established corporate mine management training program
which provided broadscope training of entry level engineers.
GENERAL ELECTRIC COMPANY, Fairfield, Connecticut 1964-1974
Corporate Staff HR Consultant, Fairfield, Connecticut 1972-1974
Consultant in HR Practices and Programs Department. Provided HR support to opcrations throughout
the U.S.
. Organizcd and delivcrcd seminars for corporate-wide HR pcrsonnel on
state-of-thc-art programs dcveloped throughout company.
· Designed self-nomination program for use at union and non-union
locations.
RICHARD HINKEL
Page Two
GENERAL ELECTRIC COMPANY (continued)
Manager Human Resources, Mebane, North Carolina 1971-1972
Staffed, designed and implemented HR programs for start-up electrical manufacturing facility ultimately
employing 1,500 people. Operated union free despite CW A and IUE organizing efforts.
· Established successful state supported training program resulting in 60-
70% women employees occupying technical positions formerly
considered 'men's jobs'.
Manager Personnel Practices & Compensation, Portsmouth, Virginia 1968-1971
Developed and administered personnel practices for TV assembly plant with work force that increased
from 2,000 to 4,000. Managed affirmative action program and compensation and employment functions.
. Developed Affirmative Action Program that received Corporate
Recognition.
. Key contributor to very successful union-avoidance programs,
Supervisor, Employee & Community Relations, Willoughby, Ohio 1965-1968
Responsible for employee and community relations for volatile unionized manufacturing plant that
employed 300 people.
· Negotiated numerous work practice changes with union that resulted in
significant cost reductions.
HR Specialist, Bridgeville, Pennsylvania 1964-1965
Negotiated first local labor agreement for plant that manufactured glass tubing and employed 100 people.
WHEELING STEEL CORPORATION, Stubenville, Ohio 1960-1964
Various personnel and labor relations (USW) responsibilities following completion of two year
management training program which covered all aspects of steel making at this 6,000 employee facility.
UNITED ST A TIS MARINE CORPS
1954-1956
PROFESSIONAL AFFILIATIONS
Chair, California Mining Association, Human Resource Committee
Member, Executive Committee, Western Mining HR Association
Chair, Salary Survey Group for the U.S. Mining Industry
Member, Mayor's Committee, Tiburon
Study and make recommendations for financial and organizational structure of town
EDUCATION
George Washington University
M.S.A., Human Resource Management
Penn State University
B.A., Labor Management Relations
TOWN
COUNCIL
STAFF
REPORT
TO:
TOWN COUNCIL
MEETING DATE: 7/5/95
REPORT DATE: 6/29/95
ITEM NO.: G
FROM:
DAN CATRON,
ASSOCIATE PLANNER
SUBJECT: PRECISE PLAN AMENDMENT #39502: STEVENS COURT.
REQUEST TO MODIFY PRECISE PLAN APPROVAL FOR A 3-UNIT
PROJECT TO ADJUST THE BUILDING ENVELOPE ON PARCEL 2;
MODIFY HEIGHT RESTRICTIONS ON PARCELS 1 AND 2; AND
INCREASE HOUSE SIZE LIMITS ON ALL THREE PARCELS
BACKGROUND
Address: Stevens Court (End of Spring Lane at Rolling Hills
Road)
AP No.: 58-111-25 through 28
File No.: 39502
General Plan: ML (Medium-low density resid. -up to 1.1 du/ac.)
Zoning: RPD
Property Size: 3 acres
Subdivision: Fraige
Current Use: vacant (subdivision improvements underway)
Owner: Monahan Pacific
Date Complete: 6/22/95
Permit streamlining Act Deadline: NA
HISTORY
A Master Plan, Precise Plan and tentative subdivision map were
approved for this property in 1980. The plans expired and were
re-approved on September 19, 1984. The Precise Plan limited the
gross floor area of future homes to 3,600 sq. ft., including the
garage.
Revised conditions of approval were adopted by the Planning
Commission on January 10, 1990, in conjunction with the granting
of a time extension for the tentative subdivision map (Resolution
477-90). A Parcel Map for the subdivision (Lands of Fraige) was
recorded on October 19, 1994. Various moratoria (Town and MMWD)
extended the life of the project approvals far beyond normal
limits.
A Precise Plan Amendment for the project was approved by the Town
Council on April 19, 1995 (Resolution No. 3087). That amendment
adjusted the locations of the building envelopes and imposed a
special 15 foot height limitation for certain portions of Parcels
1 and 2. At that meeting it was noted that the 15 foot height
TlBURON TOWN COUNCIL
STAFF REPORT
7/5/95
1
restriction was highly problematical; and may not be feasible to
implement in the field without highly undesirable effects. The
Town Council determined that if the 15 foot height limit was
unworkable, the owner could apply for another amendment to the
Precise Plan. That application has now been filed, in
conjunction with other requests for amendment.
PROPOSAL
The applicant has proposed to amend the approved Precise Plan for
the Fraige subdivision as follows:
1) Delete the 15' height restriction imposed by the
Planning Commission and Council in April, 1995, and
apply instead a more flexible design parameter
requiring that all structures have a one story
appearance on the uphill side.
2) Modify the building envelope configuration for Lot 2 in
order to achieve a more normalized rectangular shape
and provide a better interface with the required
hammerhead turnaround area.
3) Increase the allowable house sizes on lots 1 and 2 from
3,600 sq. ft. to 4,800 sq. ft. including garage, and on
Lot 3 from 3,600 to 4,600 sq. ft., including garage.
PLANNING COMMISSION RECOMMENDATION
~ Heiqht Restrictions
The Planning commission and Town Staff believe that the applicant
has adequately demonstrated that the 15 foot height limit is
unduly onerous on these hillside lots, and will result in poor
design and/or unsightly flat roofs. The commission and applicant
reached a mutually acceptable compromise solution for the height
limit problem. The proposed solution would read as follows:
"All structures, or portions of structures, constructed
within those portions of the building envelopes for Parcels
1 and 2, as modified by this amendment, which are outside of
the envelopes as originally approved and shown on the
recorded parcel map for the SUbdivision, 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. At no
point shall any structure exceed 30 feet above existing
grade. This height limitation is indicated on the attached
Exhibit A. No flat roofs shall be permitted within the
restricted height area."
TlBURON TOWN COUNCIL
STAFF REPORT
7/5/95
2
~ Buildinq Envelope for Parcel 2
The proposed minor modifications to the building envelope for
Parcel 2 will provide a more normalized rectangular shape and
consistent relationship to the edge of the hammerhead turnaround.
The Commission had no objection to this modification. The
modification would move the south side of the envelope uphill by
six feet, and the north side of the envelope downhill by six
feet. The center point of the envelope would not change.
~ House Sizes
The Planning commission found that the applicant's request to
amend the approved Precise Plan to increase the allowable floor
area for future development of the site would tend to have a
negative visual impact on adjacent properties by increasing the
mass and visible bulk of the structures. The Commission also
found that homes in the immediate vicinity were smaller than that
being proposed, even the adjacent new residence at 211 Round Hill
Road, and that the applicant had not provided any compelling
justification for changing the zoning restrictions on the
property relative to house size. The Commission recommended that
no changes be made to the currently approved house size limits.
General Plan Consistencv
The proposed amendment would not change the principal residential
use of the property. The Planning Commission found the
modifications, as recommended by the Commission, represent
reasonable limitations on the development of the property, in
keeping with the pattern of development in the surrounding
neighborhood.
Environmental status
This project is categorically exempt from the provisions of CEQA
per section 15305 of the Act.
RECOMMENDATION
Staff recommends that the Council take public testimony on this
item and adopt the draft resolution recommended by the Planning
Commission.
TlBURON TOWN COUNCIL
STAFF REPORT
7/5jg5
3
EXHIBITS
A. Draft Town Council Resolution.
B. Planning commission Resolution 95-13, including Exhibit "A"
as revised 6/30/95.
C. Town Council Resolution No. 3087, adopted April 1995.
D. Planning Commission staff Report dated 6/28/95, including
attachments.
E. Letter from neighbors dated 6/23/95.
F. Plans (4 sheets) submitted by Bradley Group dated 6/22/95.
\dan\tc39502.rpt
TlBURON TOWN COUNCIL
STAFF REPORT
7/5/95
4
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AN AMENDMENT OF THE FRAIGE PRECISE PLAN (PD #31) TO
MODIFY HEIGHT LIMITATIONS AND ADJUST THE BUILDING ENVELOPE FOR
PARCEL 2 OF THE DEVELOPMENT
ASSESSOR PARCEL NOS. 58-111-25 THROUGH ~
WHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
Section ~ Findinas.
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 established development
parameters (including primary building envelopes and maximum
house sizes) for three single family building sites.
B. On January 10, 1990, the Planning commission amended the
Precise Plan approval in conjunction with a time extension
for the tentative map.
C. On April 19, 1995, the Tiburon Town Council adopted
Resolution No. 3087 approving an amendment to the Precise
Plan which modified the building envelope locations and
imposed special height restrictions on the portions of the
building envelopes which were modified.
D. The Town has received and considered an application filed by
Monahan Pacific to further amend the Fraige Precise Plan to
modify the special height limit imposed in Resolution No.
3087, further modify the building envelope for Parcel 2, and
increase the allowable house size for all three parcels.
The application consists of the following:
1. Application form received 5/3/95
2. Letter from Monahan Pacific dated 6/21/95
3. site Plan and Sections, Sheets SP, SP-1, and SP-2,
prepared by the Bradley Group dated 6/22/95
4. Roadway Grading Plan prepared by J.L Engineering
revised 6-19-95
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 hearings.
Tiburon Town Council Resolution No.
7/5/95
1
EXHIBIT No.A
E. The Planning Commission held a dUly-noticed public hearing
on June 28, 1995, and heard and considered testimony from
interested persons. The Planning ~ommission adopted
Resolution No. 95-13 recommending approval of the requested
'building envelope adjustment for Parcel 2; recommending
approval with modifications of the request to adjust the
height limits on Parcels 1 and 2; and recommending denial of
the requested house size limit increases on all three
parcels.
F. The Town Council has found the modifications recommended by
the Planning Commission represent reasonable limitations on
the development of the property, in keeping with the pattern
of development in the surrounding neighborhood. The Council
further finds that the amendments, as conditioned, will not
adversely affect other properties in the vicinity.
G. The Town Council finds that the applicant's request to
increase the allowable house size limit for residences in
the project would have a negative visual impact on adjacent
properties by increasing the mass and visible bulk of the
structures. The proposed house sizes are substantially
larger than existing houses in the immediate vicinity,
including the new residence at 211 Round Hill Road. The
Town Council further finds that the applicant has provided
no compelling reason to approve larger house sizes for the
project, nor demonstrated any benefit to the public health,
safety, or general welfare to warrant a change to the zoning
restrictions properly placed on the project by the Town.
H. The Town Council has found that the project is exempt from
the requirements of the California Environmental Quality Act
per Section 15303 of the CEQA Guidelines.
Section ~ Approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby approve an amendment of the Precise
Development Plan for the Fraige subdivision as follows:
1. The Precise Plan for the Fraige subdivision shall be amended
to modify the building envelope for Lot 2 as shown on the
Site Plan prepared by the Bradley Group (Sheet SP) dated 6-
22-95. This amendment would provide a more regular
relationship between the building envelope and the edge of
the driveway turnaround.
2. Condition #3 of Town Council Resolution No. 3087 shall be
revised to read:
"3. All structures, or portions of structures, constructed
within those portions of the building envelopes for
Tiburon Town Council Resolution No.
7/5/95
2
Parcels 1 and 2, as modified by this amendment, which
are outside of the envelopes as originally approved and
shown on the recorded parcel. map for the subdivision,
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. At no point shall any structure
exceed 30 feet above existing grade. This height
limitation is indicated on the attached Exhibit A. No
flat roofs shall be permitted within the restricted
height area."
3. References to a 15' height limit contained in Condition #1
of Town Council Resolution No. 3087 shall be changed to
reflect a 20' height limit.
4. The building envelope for Parcel 3 is recognized to be that
shown on Sheet SP prepared by the Bradley Group dated
6/22/95. This reflects the envelope approved by the Town
Council in Resolution No. 3087. No changes to this envelope
are contemplated by this amendment.
5. Unless specifically stated in this approval, this amendment
does not otherwise affect any specific provisions of the
Master Plan, Precise Plan, Parcel Map, Subdivision
Improvement Plans, Subdivision Improvement Agreement, Road
Maintenance Agreement, Planning Commission Resolution 477-
90, Town Council Resolution No. 3087, or other approved
instruments or Town approvals associated with the
subdivision project.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town
Council on ____, 1995, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ATTEST:
ANDRElv THOI1PSON, MAYOR
TOIVN OF TIBURON
DIANE CRANE, TOWN CLERK
Tiburon Town Council Resolution No.
7/5/95
3
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RESOLUTION NO. 95-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING APPROVAL OF AN AMENDMENT TO THE FRAIGE SUBDIVISION
PRECISE PLAN TO MODIFY HEIGHT LIMITATIONS AND ADJUST THE BUILDING
ENVELOPE FOR LOT 2 FOR THE SUBDIVISION NEAR THE INTERSECTION OF
SPRING LANE AND ROLLING HILLS ROAD
ASSESSOR PARCEL NOS. 58-111-25 throuqh 28
WHEREAS, the Planning Commission of the Town of Tiburon does
resolve as follows:
Section ~ Findinqs.
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 established development
parameters (including primary building envelopes and maximum
house sizes) for 3 single family lots.
B. On January 10, 1990, the Planning Commission amended the
Precise Plan approval in conjunction with a time extension
for the tentative map.
C. On April 19, 1995, the Tiburon Town Council approved an
amendment to the approved Precise Plan which modified the
building envelope locations and imposed special height
restrictions on the portions of the building envelopes which
were modified.
D. The Planning Commission has received and considered an
application filed by Monahan Pacific to further amend the
Fraige Precise Plan to modify the special height limit
imposed in April 1995, modify the building envelope for Lot
2, and increase the allowable house size for all three lots.
The application consists of the following:
1. Application form received 5/3/95
2. Letter from Monahan Pacific dated 6/21/95
3. Site Plan and Sections, Sheets SP, SP-l, and SP-2,
prepared by the Bradley Group dated 6/22/95
4. Roadway Grading Plan prepared by J.L Engineering
revised 6-19-95
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.
Tiburon Planning Commission Resolution No. 95-13 6/28/95
1
EXHIBIT NO.
e
..
E. The Planning Commission held a dUly-noticed public hearing
on June 28, 1995, and heard and considered testimony from
interested persons.
F. The Planning Commission finds the proposed building envelope
and height limit modifications recommended herein represent
reasonable limitations on the development of the property,
in keeping with the pattern of development in the
surrounding neighborhood. The Commission further finds that
the building envelope and height limit amendments, as
.conditioned, will not adversely affect other properties in
the vicinity.
G. The Planning Commission finds that the applicant's request
to increase the allowable floor area for homes in the
project would have a negative visual impact on adjacent
properties by increasing the mass and visible bulk of the
structures. The proposed house sizes are substantially
larger than existing houses in the immediate vicinity,
including the new residence at 211 Round Hill Road. The
Commission further finds that the applicant has provided no
compelling reason to approve larger house sizes for the
project, nor demonstrated any benefit to the public health,
safety, or general welfare to warrant a change to the zoning
restrictions properly placed on the project by the Town.
H. The Planning Commission has found that the project is exempt
from the requirements of the California Environmental
Quality Act per Section 15303 of the CEQA Guidelines.
section ~ Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the Town of Tiburon does hereby recommend to the Town Council
approval of an amendment of the Precise Development Plan for the
Fraige subdivision as follows:
1. The Precise Plan for the Fraige subdivision shall be amended
to modify the building envelope for Lot 2 as shown on the
Site Plan prepared by the Bradley Group (Sheet SP) dated 6-
22-95. This amendment would provide a more regular
relationship between the building envelope and the edge of
the driveway turnaround.
2. Condition #3 of Town Council Resolution #3087 shall be
revised to read:
"3. All structures, or portions of structures, constructed
within those portions of the building envelopes for
Parcels 1 and 2, as modified by this amendment, which
are outside of the envelopes as originally approved and
Tiburon Planning Commission Resolution No. 95-13 6/28/95
2
shown on the recorded parcel map for the subdivision,
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. At no point shall any structure
exceed 30 feet above existing grade. This height
limitation is indicated on the attached Exhibit A. No
flat roofs shall be permitted within the restricted
height area."
3. References to a 15' height limit contained in Condition #1
'of Town Council Resolution #3087 shall be changed to 20'.
4. The building envelope for Lot 3 is recognized to be that
shown on Sheet SP prepared by the Bradley Group dated
6/22/95. This reflects the envelope approved by the Town
Council in Resolution #3087. No changes to this envelope are
contemplated by this amendment.
5. Unless specifically stated in this approval, this amendment
does not otherwise affect any specific provisions of the
Master Plan, Precise Plan, Parcel Map, Subdivision
Improvement Plans, Subdivision Improvement Agreement, Road
Maintenance Agreement, Planning Commission Resolution No.
477-90, Town Council Resolution #3087, or other approved
instruments or Town approvals associated with the project.
PASSED AND ADOPTED at a regular meeting of the Planning
Commission on June 28, 1995, by the fOllowing vote:
AYES:
COMMISSIONERS: Greenberg, Heckmann, Perlmutter,
Schrier, Siewert
NOES:
COMMISSIONERS: None
ABSENT:
COMMISSIONERS: None
RANDY GREENBERG, CHAIRWO~~N
Tiburon Planning Commission
ATTEST:
SCOTT ANDERSON, SECRETARY
Tiburon Planning CommIssion Resolution No. 95-13 6/28/95
3
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RESOLUTION NO. 3087
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TmURON
APPROVING AN AMENDMENT TO THE FRAIGE SUBDIVISION PRECISE PLAN
TO ADJUST THE BUILDING ENVELOPES FOR 3 LOTS NEAR THE
INTERSECTION OF SPRING LANE AND ROLLING HILLS ROAD.
ASSESSOR PARCEL NOS. 58-111-25 throul!h 28
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section.l. Findiniis.
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
established development parameters (including primary building envelopes) for 3
single family lots.
B.
On January 10, 1990, the Planning Commission amended the Precise
Development Plan approval in conjunction with a time extension for the tentative
map.
C.
The Town of Tiburon has received and considered an application filed by
Monahan Pacific to amend the Fraige Precise Development Plan to modify the
driveway design and the building envelopes for all three lots. The application
consists of the following:
1. Application form received 11/22/94
2. Revised Envelope exhibit dated 3/16/95
3. Envelope detail for Lot 1 dated 3/16/95
D, The Planning Commission has held duly-noticed and advertised public hearings on
January 25, February 22, and March 22, 1995, considered all testimony, and
recommended conditional approval of a modified Precise Development Plan to
the Council.
E.
The Town Council has found the proposed Precise Developmem l'i:.Jn
amendment, as modified by the Pbnning Commission, will improve and simplifv
the driveway approaches to the individual lots, The Commission further finds that
the amendments, as modified by the Planning Commission, \I ill not adverse Iv
affect other properties in the vicinity,
EXHIBIT NO. C
r
t.
L
(
(
F.
The Town Council has found that the project is exempt from the requirements of
the California Environmental Quality Act per Section 15303 of the CEQA
Guidelines.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby approve an amendment to the Precise Development Plan for the
Fraige subdivision as follows:
1. The Precise Plan for the Fraige subdivision is amended to modify the building
envelopes for the lots as shown on the Revised Envelope exhibits prepared by
Staff on 3-23-95. The amendments, as approved herein, will accomplish the
following:
-The building envelope for Parcel 1 is moved eastward (uphill) 16 feet, and the
west downhill side of the envelope is reconfigured to avoid encroachment into the
dripline of the adjacent oak tree. It is intended that the total area of the envelope
equal the area of the envelope as originally approved for the subdivision. In
addition, a reduced height limit of 15 feet shall be applied to the relocated
portions of the envelope as described in Condilion #3 below.
-The building envelope for Parcel 2 is moved eastward (uphill) between 17 and 36
feet. The geometry of the envelope is changed from a rectangle to parallelogram
as shown on Exhibit A. In addition, a reduced height limit of 15 feet shall be
applied to the relocated portions of the envelope as described in Condition #3
below.
-The building envelope for Parcel 3 is moved eastward (uphill) 3 feet.
2. Prior to the issuance of building permits for any lot within the subdivision, an
appropriate instrument shall be recorded with the County Recorder's Office which
modifies the configuration of the Public Utilities and Access Easement consistent
with this approval. This specifically refers to the easement line across Parcel 2. In
addition, the stated purposes of the easement across Parcels 1 and 2 shall be
expanded to include landscape scrcening as required by Condition #4 bclow.
3. All structures, or portions of structures, constructed within thosc portions of the
building envelopes for Parcels I and 2, as modified by this amendmcnt, which are
outside of the envelopes as originally approved and shown on the recorded parcel
map for the subdivision, shall be limited to one story (15 feet) in height. This
limitation is indicated on the attached Exhibit A.
. .
.'
o'
l
l.
L
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4.
In conjunction with the first Site Plan and Architectural Review submittal for the
subdivision, a landscape plan shall be submitted for review and approval by the
Design Review Board which provides for an appropriate landscape screen
between the roadway and adjacent uphill properties. This screening shall be
installed in conjunction with the construction of the first house in the subdivision.
The goal of the landscape design shall be to screen views of the access road from
the uphill neighbors. The screen shall be designed to use a variety of plant species
and forms for the purpose of creating an informal and natural looking screen
rather that 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 shall be deposited with the Town. This deposit shall be refunded not
less that 3 years after satisfactory completion and successful establishment of the
landscaping.
5. No grading or earth movement shall be permitted within the presently existing
dripline of the oak tree on Lot 1. Construction fencing shall be installed along the
edge of the oak dripline prior the commencement of any grading on lot 1.
6. All requirements and provisions of Resolution 477-90 shall remain in full force
and effect for the property, except as modified herein.
7.
Unless specifically stated in this approval, this amendment does not otherwise
affect any specific provisions of the Master Plan, Precise Plan, Parcel Map,
Subdivision Improvement Plans, Subdivision Improvement Agreement, Road
Maintenance Agreement, or other approved instruments or Town approvals
associated with the subdivision project.
PASSED AND ADOPTED at a regular meeting of the Town Council on April
19, 1995, by the following vote:
AYES:
NOES:
COUNCIDIE:\lBERS: Nygren, Thayer, \Volf
COUNClDlBll3ERS: Thompson, Ginalsh:i
UI~ /J7
(?~~
A~RE\V TlIO\II'SO:\', \IA YO~
Town of Tihuron
l{
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A TrEST: /! /:/
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DlAl'\iE Cl{ANE, TOWN CLERK
.'
.
PLANNING
COMMISSION
STAFF
REPORT
TO:
PLANNING COMMISSION
-MEETING DATE: 6/28/95
ITEM NO.: a.
FROM:
DAN CATRON,
ASSOCIATE PLANNER
SUBJECT: PRECISE PLAN AMENDMENT #39502: STEVENS COURT.
REQUEST TO MODIFY BUILDING ENVELOPES AND OTHER
RESTRICTIONS ON 3 LOTS- FRAIGE SUBDIVISION.
BACKGROUND
Address: Stevens Court (End of Spring Lane at Rolling Hills
Road)
AP No.: 58-111-25 through 28
File No.: 39502
General Plan: ML (Medium-low density resid. -up to 1.1 du/ac.)
Zoning: RPD
Property Size: 3 acres
Subdivision: Fraige
Current Use: vacant (infrastructure under construction)
Owner: Monahan Pacific
Date Complete: 6/22/95
Permit Streamlining Act Deadline: NA
History: A Master Plan, Precise Plan and tentative subdivision
map were approved for this property on September 19,
1984. The 1984 Precise Plan limited the gross floor
area of future homes to 3,600 sq. ft. including garage.
Revised Conditions of Approval were adopted by the
Planning Commission on January 10, 1990, in conjunction
with the granting of a time extension for the tentative
subdivision map (Resolution 477-90). A Parcel Map for
the subdivision was recorded on October 19, 1994. A
Precise Plan Amendment was approved by the Town Council
on April 19, 1995 (Resolution #3087). That amendment
adjusted the locations of the building envelopes and
imposed a special 15' height limitation for certain
portions of lots 1 and 2.
PROPOSAL
The applicant is proposing to amend the approved Precise Plan for
the Fraige subdivision as follows:
l) Delete the 15' height restriction imposed by the
Planning commission and Council in April, 1995, and
apply instead a more flexible design parameter
requiring that all structures have a one story
appearance on the uphill side.
TlBURON PlANNING COMMISSION
STAfF REPORT
6/28/9'
1
EXHIBIT NO.
o
2) Modify the building envelope configuration for Lot 2 in
order to achieve a more normalized rectangular shape.
3) Increase the allowable house sizes on lots 1 and 2 from
3,600 sq. ft. to 4,800 sq. ft. including garage, and on
Lot 3 from 3,600 to 4,600 sq. ft. including garage.
ANALYSIS
~ Heiqht Restrictions
Staff agrees with the applicant that the 15 'foot height limit
imposed by the Planning Commission and Council several months ago
is unduly onerous on these hillside lots. The 15 foot height
limit makes it practically impossible to construct any building
whatsoever in the reduced height area, because the slope falls
away so dramatically behind the front edge of any building. Staff
is recommending a provision that would require that new
structures maintain a one story facade on the uphill side. Staff
is recommending that Condition #3 of Town Council Resolution
#3087 be revised to read:
3. Residences shall be designed so as to present a one-story
appearance along the uphill side of the building envelopes.
In addition, garage slab and floor elevations shall be kept
as low as practically possible while still allowing for
acceptable access and appropriate design. The Design Review
Board shall endeavor to reduce the visual profile of future
residences to the greatest extent possible. At no point
shall any structure exceed 30 feet above grade.
The purpose of this restriction is to minimize the visual
impacts of the development on uphill neighbors, and as
compensation for allowing the building envelopes to be moved
higher on the site.
This is intended to address the intentions of the Commission to
limit the visual impacts of future homes as seen from uphill
residences. The condition, as Staff has proposed it, would allow
the Design Review Board the flexibility to respond to the
specific topographical constraints of each lot.
~ Buildinq Envelope for Lot 2
The proposed minor modifications to the building envelope for Lot
2 will provide a more normalized rectangular shape and consistent
relationship to the edge of the hammerhead turnaround. Staff has
no objection to this modification. The modification would move
the south side of the envelope uphill by six feet, and the north
side of the envelope downhill by six feet. The center point of
the envelope would not change.
rlBURON PlANNING COMMISSION
STAFF REPORT
15;78/95
2
~ House Sizes
To evaluate the proposed increases in allowable house size, Staff
has compared the proposal to other homes in the vicinity. The
homes on the immediately adjacent lots are actually fairly modest
by Tiburon standards. The following are the lot sizes and house
sizes for four lots uphill of the project site:
Address Lot size House Size FAR
205 Roundhill 33,590 s.f. 2,029 s.f. .06
211 Roundhill 34,353 s.f. 4,144 s.f. .12
215 Roundhill 27,500 s.f. 3,750 s.f. .13
223 Roundhill 23,250 s.f. 3,750 s.f. .16
2 Rolling Hills 27,470 s.f. NA NA
For comparison, the applicant is proposing:
Address
Lot 1
Lot 2
Lot 3
Lot Size
48,659 s.f.
33,549s.f.
21,166 s.f.
Allowed Proposed
3,600 s.f. 4,800 s.f.
3,600 s.f. 4,800 s.f.
3,600 s.f. 4,600 s.f.
FAR (proposed)
.09
.14
.21
As indicated by the FAR figures, the proposed floor areas for
Lots 1 and 2 are comparable to the FARs for other homes in the
vicinity. The proposed FAR for Lot 3 (.21) would exceed the
typical FAR range for the surrounding neighborhood.
Staff recommends that the Commission consider allowing some minor
additional floor area for Lots 1 and 2, if deemed appropriate.
Staff recommends that the allowable area for Lot 3 not be
increased.
General Plan Consistencv
The proposed amendment would not change the principal residential
use of the property. Staff recommends approval of an amendment
which would provide development standards that are consistent
with the character of the surrounding neighborhood.
Zoninq Compliance
The Precise Plan amendment should be reviewed with respect to
section 4.08.04 of the Tiburon Zoning Ordinance. A favorable
review by the Planning commission will be forwarded to the Town
Council as a recommendation for final action. A denial of this
amendment proposal will constitute final action unless appealed
to the Town Council (Zoning Ordinance Section 4.08.07).
nBURON P/..ANNING COMMISSION
STAFF REPORT
6/28/9.5
3
Environmental Status
This project is categorically exempt from the provisions of CEQA
per Section 15305 of the Act.
BUILDING ENVELOPES
Staff notes that there is a discrepancy with respect to the
approved building envelope location for Lot 3 as shown on Sheets
C-l and Sheet SP. Sheet SP correctly reflects the approved
building envelope for Lot 3.
RECOMMENDATION
Staff recommends that the Commission take public testimony on
this item, consider what increases in allowable floor area may be
appropriate (if any), and adopt the draft resolution recommending
that the Council approve the amendment.
EXHIBITS
1. Draft Resolution.
2. Application Form received 5/3/95
3. Letter from applicant dated 6/21/95
4. Town Council Resolution #3087
5. Exhibits submitted 6/22/95
\dan\pc39502.rpt
TleURON PLANNING COMMISSION
SrAFF F1EPORr
o!I/28;'9.5
4
.'
RESOLUTION NO. 9S-(draft)
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING APPROVAL OF AN AMENDMENT TO THE FRAIGE SUBDIVISION
PRECISE PLAN TO MODIFY HEIGHT LIMITATIONS, ADJUST THE BUILDING
ENVELOPE FOR LOT 2 AND INCREASE THE ALLOWABLE BUILDING SIZES FOR
THE SUBDIVISION NEAR THE INTERSECTION OF SPRING LANE AND ROLLING
HILLS ROAD.
ASSESSOR PARCEL NOS. 58-111-25 throuqh 28
WHEREAS, the Planning Commission of the Town of Tiburon does
resolve as follows:
Section ~ Findinqs.
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 established development
parameters (including primary building envelopes and maximum
house sizes) for 3 single family lots.
B. On January 10, 1990, the Planning commission amended the
Precise Plan approval in conjunction with a time extension
for the tentative map.
C. On April 19~ 1995, the Tiburon Town Council approved an
amendment to the approved Precise Plan which modified the
building envelope locations and imposed special height
restrictions on the portions of the building envelopes which
were modified.
D. The Planning Commission has received and considered an
application filed by Monahan Pacific to further amend the
Fraige Precise Plan to modify the special height limit
imposed in April 1995, modify the building envelope for Lot
2, and increase the allowable house size for all three lots.
The application consists of the following:
1. Application form received 5/3/95
2. Letter from Monahan Pacific dated 6/21/95
3. site Plan and Sections, Sheets SP, SP-l, and SP-2,
prepared by the Bradley Group dated 6/22/95
4. Roadway Grading Plan prepared by J.L Engineering
revised 6-19-95
E. The Planning Commission has held a dUly-noticed public
hearing on June 28, 1995, and has heard and considered
testimony from interested persons.
Tiburon Planning Commission Resolution No. 9S-(dratt) 6/28/95
1
EXHIBIT NO. (
F. The Planning Commission has found the proposed modifications
represent reasonable limitations on the development of the
property, in keeping with the pattern of development in the
surrounding neighborhood. The Commission further finds that
the amendments, as conditioned, will not adversely affect
other properties in the vicinity.
G. The Planning Commission has found that the project is exempt
from the requirements of the California Environmental
Quality Act per Section 15303 of the CEQA Guidelines.
section ~ Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the Town of Tiburon does hereby recommend to the Town Council
approval of an amendment of the Precise Development Plan for the
Fraige subdivision as follows:
1. The Precise Plan for the Fraige subdivision shall be amended
to modify the building envelope for Lot 2 as shown on the
Site Plan prepared by the Bradley Group (Sheet SP) dated 6-
22-95. This amendment would provide a more regular
relationship between the building envelope and the edge of
the driveway turnaround.
2. Condition #3 of Town Council Resolution #3087 shall be
revised to read:
3. Residences shall be designed so as to present a one-
story appearance along the uphill side of the building
envelopes. In addition, garage slab and floor
elevations shall be kept as low as practically possible
while still allowing for acceptable access and
appropriate design. The Design Review Board shall
endeavor to reduce the visual profile of future
residences to the greatest extent possible. At no point
shall any structure exceed 30 feet above grade.
The purpose of this restriction is to minimize the
visual impacts of the development on uphill neighbors,
and as compensation for allowing the building envelopes
to be moved higher on the site.
3. References to a 15' height limit contained in Condition #1
of Town Council Resolution #3087 shall be deleted.
Tiburon Planning Commission Resolution No. 9S-(d(att) 6/28/95
2
4. Condition #19 of Planning Commission Resolution 477-90, and
any other references to maximum house sizes shown for the
subdivision, shall be amended to.allow the following:
Lot 1
Lot 2
Lot 3
(
(
(
) sq. ft. including garage
) sq. ft. including garage
) sq. ft. including garage
5. The building envelope for Lot 3 is recognized to be that
shown on Sheet SP prepared by the Bradley Group dated
6/22/95. This reflects the envelope approved by the Town
Council in Resolution #3087. No changes to this envelope are
contemplated by this amendment.
6. Unless specifically stated in this approval, this amendment
does not otherwise affect any specific provisions of the
Master Plan, Precise Plan, Parcel Map, Subdivision
Improvement Plans, Subdivision Improvement Agreement, Road
Maintenance Agreement, Planning Commission Resolution 477-
90, Town Council Resolution #3087, or other approved
instruments or Town approvals associated with the
sUbdivision project.
PASSED AND ADOPTED at a regular meeting of the Planning
Commission on , 1995, by the following vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
RANDY GREENBERG, CHAIRWOMAN
Tiburon Planning Commission
ATTEST:
SCOTT ANDERSON, SECRETARY
Tiburon Planning Commission Resolution No. 95-(draft) 6/28/95
3
. .'
~
05/03/1995 15:51
4154352438
TOWN OF T I BURON
PAGE (l
4154352438
{ - TOWN OF TIBURON (
COMMUNITY DEVELOPMENT DEPARTMENT
LAND DEVELOPMENT APPLICATION
TYPF OF APPLICATION
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o C.rtifiuu af C~Li~.
o Ot/'l~
APPLICANT REQUIRED INFORMATION
1.
Assessor Parcel(s):
513-III-,-b
2. Zoninq:~ General Plan Designation:
3. Property Address: 9r!;"VE1\)':> COUn:r (SP\2.1N<e. lANe) ffiiZCEL. 2-
4. Property Owner Name: l\\CN~'I PAc..~
, ,
Mailing Address: ItlkC eo '5T: ~ 300
City, State, Zip: ~ ~ c::A.
Phone Number:
4s"G,. 0':'00 FAX Number:
SA-Me. A-S A-"-OVE. / T1ic""",
I
4~(O. .2414
MeN ~ f'I>-eS,
5.
Applicant Name:
Mailing Address:
City, State, Zip:
Phone Number:
FAX Nunber:
6. Property Size: A.i?20x:. \ AeIZe-
7. Please briefly describe the purpose of the application (what you w,
to accomplish, attach separate sheets if needed).
"'t>JuST^\~ It> &llL-OIN c;. l;;,W~PE.
8.
~ JC1rw
,
~owner
lett.er (r-om o....r
Signature:
_Applicant (must have signed
DO NOT WRITE BELOW THIS LINE
DEPAH H..1tN r AL ,LJHOCCSS1~~G 1~~F'CR~.1A II(;~~
Application No ' 39 ")(; Z-
Dare Aecol\led: 5/3/1)
~('e O'~OOS,1 .- -; r ..:":-
RC>Cl'I."'O B.
Oaro O\lemod Compte,.
Hy
Acting BOdy
AChon
Condlflons Of .Approvol or Commenls
He901ulIon or Ordinance'
\min\opplicl trm
EXHIBIT NO. z.
10/15/91
.'
a5/22/95
ll3: .J;
EVE~,:';REEN PHCIFIC 415-456-2414 -i' 4154J52433
~~J. 144
"J2
I.
MONAHAN PACIFIC
D,E'V'ElOPMEN.T, CORP~
RECEiVED
JUN 2. 2. \995
June 21,1995
Mr. Dan Catron
Town of Tiburon Planning Dept.
11 SS Tiburon Blvd.
Tiburon, CA 94920
TOWN OF TIBURON
.pLANNING & BUll-DING DEPT,
RE: STEVENS CTfSPRING LANE
PRECISE PLAN AMENDMENT APPLJCA TJON
Dear Dan:
This letter is 10 follow up on our Precise Plan Am~ndmenl Application for the above
referenced project. As you had previously indicated, we are trying to ~fine tune" certain
aspeClS of the underlying approval of the project.
As you know, we bave spent considerable time ,,'orking with the neighbors surrounding the
project as well a.' with staff to tine tune the building envelope adjustments.
The following is in response to your suggested clan ticaticns.
1. The building envelope locations have been previously approved. Parcels 111 and #3
remain unchanged and are consistent with the positioning and shape that was
previ(JUslyapproved. Parcel 112 has been slightly adjusted to rotate the building
envelope to. a less severe angle. The position of the building envelope al Parcellt2 was
pr:viously approved to slide uphill and be rotated. The language of the approved
Pre:ise Plan indicates a trapezoidal shape from 17' to 36', This rOI:;tion has produced
a severe tr:;pelOid which the neighbors have objeetod to. We have adjustod the shape
and shown this re,ised building envelope to be 23' and 30' from the original p"sition.
This revised envelope strikes an aver.ge between the previously appro\'ed limits and
we believe responds to the neighhors' concerns and orients the huilding envelope more
parallel to the site [Opography,
2, The height limit imposed on the adjuSted envelopes is overly restrictive. We sugge't
that the proposed building envelopes be conditioned wit'! general wording th~t would
provide for a cne-story appearance along the from side of the building envelere. This
would apply to Parcel #1 and #2, Parcel1f3 would remain unchOl1ged. [would
suggest atraching the ,ile ,ettlur. for PJ.:cel #1 and 112 as a guidelIne r~feren:e iJ:
futllle consider;ttlon, Please refer to the attached Exhibits A and 8.
3, With respect to the floor area, we are propusing an Incre:!.';e of L~e :JJbwable r.ocr area
a.s shown On the chart below. We feel that this prcrosal is ju!tlfled since the increased
size would be :onsistent With the existing neighboring structures aN is below t~e
a1lowJble IlOur area "stablished by the zuning code,
1040BS!fe~l. Suile300. SaI'\~.'.8',Calolornl.a. 9490' . 415.45e'OeOO. F"')('15.4~6.2414. L1Cen.seNo4:11!.42
,..".
EXHIBIT NO. ::>
J6/'2~>95
J3:J6
~,)t::~3.~~="l ;:).:r=IFI.= 415-45S-2414 -+ 415435243.3
'IJ.144
~J3
Mr. Dan Catron
June 21, 1995
Page Two
Lot lot Size Allow.llle ner Zone Aooroved A rea Pronosed Area
1 48,659 s.t. 7,365.9s.f. 3,600s.f. 4,800 s.f.
2 33.549 s. f. 5,854.9 s.f. 3,600 s.f. 4,800 s.f.
3 21,166 s.t. 4,616.6 s.f, 3,000 s.f. 4,600 s. f.
We believe that ~le amendments listed above respond to the concerns of the neighbors and at
the same time .Iarify the site issues so that the proja:t can be completed. We appreciate your
cooperation in this matter.
F!!
om Monahan
President
Monahan P.cific Development Corporation
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June 23, 1995
,
Planning Commission
Town of Tiburon
Tiburon, CA 94920
RECEIVED
JUN 2 3 1995
Re: Stevens Court Plan Amendment
TOWN OF TIBURON
PLANNING & BUILDING DEPT.
Dear Members of the Planning Commission,
. We are the owners of the four homes immediately to the East and
North of the Stevens Court Development. Following the final approval of
the Stevens Court Precise Plan by the City Council on April 19, we learned
that Monahan Pacific intended to reopen the issue and request further
modifications to the plan.
Three of us met with Tom Monahan and his architect, Stephen
Murch, in late May. At that time, only their proposal for parcel 2 was
available for discussion. As a result of our request that evening that any
request for further changes should consider all three parcels, a letter dated
May 30 with accompanying site plans was prepared and mailed to each of
us. A copy went to Mr. Catron and should be in the Planning Department
files.
In early June we met among ourselves and made several calls to the
applicant requesting clarification of dimensions, measurements etc. On
June 8th and 9th Mr. McCartin called Mr. Murch and Mr. Monahan with our
comments and suggestions.
On the evening of June 21 we receive a revised set of plans and a
copy of a letter to Mr. Catron. There is some confusion as to what is being
requested since Parcel 3 was included in the letter and drawings of May 30.
but is omitted from the June 21 package except for a request for an
increase in approved floor area.
Following are our comments on the new proposal as we understand it:
PARCEL 1 - Sheet SP2. First, please note that there is a "drafting
error "on this sheet and the cross hatched area labeled "AREA OF
RESTRICTED HEIGHT" is much larger than shown. It should be 16' wide
rather than 7.5' as shown on the attachment.
EXHIBIT NO.
c
,
We can not accept the applicants solution as proposed. Please note
that within the area in which the Commission restricted the height to 15
feet above grade, the height of the "solution" varies from a low of
approximately 19 feet to a high of 27 feet above grade. Beginning
measurements from a garage floor already more than eight feet above
grade creates the "problem" portrayed. Many (most) other lots in the area
have the same hillside problem and have drives / garages at grade.
More importantly, the Car Deck, aside from being completely out of
character with the neighborhood where sloped driveways are the norm,
contributes to the visual mass created by the road and house.
If the drivewav/aaraae entrance were at arade level. we would have '*
no oroblem with a slooina roof line beina moderatelv above fifteen feet in
the sixteen foot uohill extension of the oriainal buildina envelooe.
PARCEL 2. Our comments regarding the Car Deck and the driveway
being at grade on Parcel 1 apply as well to Parcel 2.
Our principle concern regarding Parcel 2, which has been expressed
verbally and in writing at the Commission meetings of January 25, February
22, and March 22, is the total visual mass of the Hammerhead driveway
and adjacent house.
It is very difficult to comment on the current proposal since what is to
be done is so poorly defined. Drawings associated with the May 30 and
June 21 letters, and a discussion with Mr. Monahan on June 5, would
indicate the distance between the Hammerhead driveway and a future
house could vary from 7 feet to 22 feet. At the March 22 meeting one of
the Commissioners assured Mr. McCartin that the setback would be
addressed in the Plan Review process.
If we had some assurance that the minim un distance between the
Hammerhead and the house were 18 feet. we would have no oroblem.
'*
PARCEL 3 We are not clear if any change other than an increase
in allowed floor area is being proposed for Parcel 3. However, the May 30
letter proposed changes to the building envelope. Following are our
comments regarding that proposal:
We concur,(1) if the house is sited on the building envelope as
indicated, i.e.; on the uphill half. This siting is very important as it
preserves the view corridor from Dr. Alexander's home. And (2), if the
thirty foot ordinance-based height limitation is used rather than an
approximately thirty-five foot at back of property measurement to line of
grade.
INCREASE IN APPROVED FLOOR AREAS We strongly disagree with
the statement in the applicants letter of June 21 that "the increase in size
would be consistent with existing neighboring structures". None of our
houses, which are all adjacent, is as large as 3600 sq. feet. and very few, if
any, other houses in the area are that large. 4800 sq. ft. houses would be
completely out of place.
~
We have used three assumptions in developing our comments
First -A property owner should have maximum flexibility to develop
his or her property within communitv norms.
Second-The natural beauty of the area should be preserved as much
as possible by minimizina the imoact of visual mass.
Third- There is enough room here for everybody to live well and get
along if this development is done in the spirit of the First and Second
assumptions
Sincerely
d~~///Z'c?'~' /J.
Fe"
James McCartin
205 Round Hill Rd.
Ralph Alexander
211 Round Hill Road
Larry Shapiro
215 Round Hill Road
Allan Martini
223 Round Hill Road
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TOWN COUNCIL STAFF REPORT
TO:
FROM:
SUBJECT:
TOWN COUNCIL MEETING:
FINANCE DIRECTOR ITEM NO:
SALARY & COMPENSATION ADJUSTMENTS
NON-REPRESENTED EMPLOYEES
JULY 5,1995
?--( @ )
Background:
This item is for Town Council approval of salary and compensation adjustments for non-
represented employees of the Town of Tiburon for the period January I, 1995 to June 30, 1996.
An increase of 1.5 percent is proposed for the period January I, 1995 to June 30, 1995; a 3.0
percent increase is requested for Fiscal Year 1995-96. Staff has met and conferred with the Town
Council Finance Committee in consideration of the proposed compensation adjustment, and of the
timing of subsequent compensation adjustments for non-represented employees. Other issues
concerning employee compensation are currently under advisement and consideration of the
Council Finance Committee.
Non-Represented Employees:
Non-represented employees of the Town include the following management and mid-management
positions:
Management
Town Manager
Town Attorney
Chief of Police
Planning Director
Finance Director
Superintendent Public Works
Mid-Management
Town Clerk
Associate Planner
Assistant Planner
Building Official
Police Secretary
Assistant Superintendent
Recent Status:
Since the fiscal year beginning July 1, 1992 non-represented employees have received one (1)
general adjustment for salary compensation. During the 1992-93 fiscal year a general freeze on
hiring and employee compensation was implemented and salaries were frozen until the salary and
equity adjustments of January 1994, at which time non-represented employees received a 2.5
percent salary adjustment. Some non-represented employees have received one (1) salary
adjustment since the 1991-92 fiscal year.
TOWN OF TlBURON, Non-Represented Staff, 1995-96
Page-l
Adoption of the January 1994 adjustment effectively moved the Town from adjusting
management and mid-management salaries individually (in conjunction with anniversary of dates-
of-hire) to a general adjustment on a calendar year basis.
Adoption of the general adjustments proposed herein would move consideration of compensation
adjustments for non-represented employees to a fiscal year basis, which would be consistent with
negotiated labor contracts with the Police Association and MAPE-represented miscellaneous
employees.
Proposed Salal)' Adjustments:
1. January I, 1995 to June 30, 1995
A 1.5 percent adjustment, effective for the preceding six month period, is proposed for all
positions except Town Clerk (which was adjusted in March 1995.) This adjustment results in
incremental compensation costs of $5,200 (salary $4,400 and retirement $800) to the 1994-95
budget.
2. July 1,1995 to June 30, 1996
A 3.0 percent adjustment, effective for the fiscal year, results in additional compensation costs of
$22,400 ($19,200 salary and 3,200 retirement).
Cost estimates assume full staffing for the fiscal year. The Assistant Planner position is currently
vacated for leave purposes, however will be staffed later in 1995-96.
Recommendations:
1, Council approve the general compensation adjustments proposed above, for the following
periods: January 1, 1995 to June 30, 1995, and July 1,1995 to June 30,1996.
2. Council move consideration of annual compensation adjustments for non-represented
employees from a calendar year to a fiscal year basis.
3. Council adopt draft resolution authorizing implementation of compensation adjustments,
and moving consideration of subsequent adjustments to a fiscal year basis.
Exhibits:
1. Table, Proposed Adjustments
2. Draft Resolution, Compensation Adjustments
TOWN OF TIBURON, Non-Represented Staff, 1995-96
Page-2
TABLE I.
PROPOSED EMPLOYEE COMPENSATION ADJUSTMENTS
NON REPRESENTED EMPLOYEES
Current Elf 1/1/95 Elf 7/1/95
Salary PERS Salary PERS Salary PERS
(1.5% adjustment) (3.0% adjustment)
Town Manager 6,934 1,081 7,038 1,097 7,249 1,130
Chief of Police (a) 6,093 1,618 6,184 1,642 6,370 1,692
Town Attorney 6,314 984 6,409 999 6,601 1,029
Planning Director 4,961 773 5,035 785 5,186 808
Superintendent 4,520 704 4,588 715 4,725 736
Finance Director 4,279 667 4,343 677 4,473 697
Building Official 3,905 609 3,%4 618 4,082 636
Ass!. Superintendent 3,588 559 3,642 568 3,751 585
Town Clerk 3,375 526 3,375 526 3,476 542
Associate Planner 3,175 495 3,223 502 3,319 517
Police Secretary 2,796 436 2,838 442 2,923 456
Assistant Planner 2,677 417 2,717 423 2,799 436
Monthly $52,617 $8,868 $53,356 $8,993 $54,956 $9,263
Annual $631,404 $106,415 $640,268 $107,916 $659,476 $111,154
Change v. prior year $8,864 $1,502 $19,208 $3,237
Change, 6 months $4,432 $751
Notes to table:
PERS factor for regular employees.
PERS factor public safety employees <a
0,15583
0.26556
6123/95
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TffiURON ADOPTING EMPLOYEE
COMPENSATION ADJUSTMENTS FOR
NON-REPRESENTED EMPLOYEES FOR THE PERIOD
JANUARY I, 1995 TO JUNE 30, 1996
WHEREAS, Non-Represented positions of the Town ofTiburon are comprised as follows:
Town Manager
Town Attorney
Chief of Police
Planning Director
Finance Director
Supt of Public Works
Assistant Superintendent
Building Official
Town Clerk
Associate Planner
Assistant Planner
Police Secretary
WHEREAS, compensation levels for Non-Represented employees were most recently adjusted
effective for the period January 1, 1994 to December 31, 1994; and
WHEREAS, the Town Council Finance Committee met June 1995 in consideration of
compensation adjustments and timing of subsequent adjustments for Non-Represented employees, and,
WHEREAS, the Finance Director estimates that the combined fiscal impact of the proposed
compensation adjustments - 1.5 percent for the six month period beginning January 1, 1995, and 3.0
percent for the Fiscal Year beginning July 1, 1995 - is approximately $27,600,
NOW THEREFORE IT IS RESOLVED AS FOLLOWS:
Salary: base salary adjustments for Non-Represented positions are to be implemented
accordingly: effective January 1,1995, a 1.5 percent increase for all positions except that of Town Clerk.
effective July 1, 1995, a 3.0 percent increase for all positions.
Timing: subsequent consideration of regular compensation adjustments for Non-Represented
positions shall be on a fiscal year basis.
PASSED AND ADOPTED, at as regular meeting of the Town Council of the Town ofTiburon
on , by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
BY:
ANDREW THOMPSON, MAYOR
ATTEST
DIANE L. CRANE
TOWN CLERK
TOWN COUNCIL STAFF REPORT
TO:
FROM:
SUBJECT
TOWN COUNCIL MEETING:
FINANCE DIRECTOR ITEM NO: :; (b)
FUND TRANSFERS - FISCAL YEAR 1995-96
REALLOCATIONS AMONG RESERVES OF THE GENERAL FUND
Background:
This item is for continued discussion and consideration of proposed reallocation of funds, from
the General Fund Unallocated Reserve, to various Designated Reserves of the General Fund. The
Town Manager proposed in the 1995-96 Preliminary Budget a reallocation of$290,000 from the
General Fund Unallocated Reserve to other Designated Reserves, as follows
From:
1. Unallocated Reserve
-$290,000
To Designated Reserve:
2. Capital Equipment Replacement
3. Capital Outlay
4. Drainage
5. Employee Compensated Leave
6. New Town Center
7. Park Development
8. SelfInsurance
50,000
70,000
50,000
30,000
o
40,000
50,000
As stated in the Preliminary Budget, the purpose of the proposed transfers (reallocations) is to
recapitalize the above-referenced Reserves to within policy minimum and maximum guidelines
which were adopted by Council in November 1993.
UnalIocated & Designated Reserves of the General Fund:
This section is intended to provide a brief description of the basic purpose and financial status of
the Unallocated and Designated Reserves of the General Fund. Summarily, the use of all General
Fund resources is a matter of policy concern and direction of the Town Manager and Town
Council. This is in contrast to certain Special Revenue and Capital Projects Funds - such as
Redevelopment Agency, State Gas Tax, Assessment District Debt Service and other funds -
which are subject to legal or contractual stipulations concerning use of fund resources.
TOWN OF TIBURON, Fund Transfers, 1995-96
Page- I
General Fund Un allocated Reserve - Is intended to reserve fund resources in the range of20%
to 25% of planned operating budget expenditures. This reserve fund balance represents a
contingency which allows the Town to mitigate the impact of adverse financial conditions. The
estimated reserve balance on June 30, 1995 is $1,165,000. The planned 1995-96 Operating
Budget is $3,255,000, in accordance with recent budgetary practices, 25% would require a
reserve of$814,000. The proposed reallocation of$290,000 to other designated reserves would
leave a balance of $875,000 which provides adequate coverage for unanticipated fiscal impacts
Employee Compensated Leave Reserve - To provide reserve funding for employee
compensated leave costs. The audited financial statements for 1993-94 indicate that the total
liability for compensated leave was $232,000, the estimated reserve balance on June 30, 1995 is
216,000. The proposed reallocation of $30,000 provides for adequate funding of the liability.
New Town Center Construction Reserve - For acquiring, constructing or improving new Town
facilities. Fund established Fiscal Year 1993-94, following 1994 Measure M. Ballot. The reserve
received a transfer of funds in 1994-95, the current estimated balance on June 30th is $1,350,000.
No reallocations are proposed.
Self Insurance Reserve - To provide reserve funding for coverage of Town's general liability and
workers' compensation insurance programs. It has been suggested by our liability program risk
manager that a reserve equivalent to three (3) occurrences, or $150,000, is an adequate minimum
level. Current resources are approximately $154,000. A reallocation of $50,000 is proposed, this
is within recommended range of$150,000 to $250,000.
Capital Equipment Replacement Reserve (CERR)- To provide funding for General Fund
departmental capital outlay expenditures. Reserve receives an annual depreciation allowance from
each operating department of the General Fund. The allowance is currently estimated to be
approximately $110,000, planned expenditures are about $98,000. Current reserve resources are
estimated to be $133,000, a reallocation of 50,000 is proposed, This would result in reserve of
slightly less than two (2) years for operating equipment, which is within the recommended range
of$150,000 to $200,000. The estimated total amount required for replacement of department
operating equipment is approximately $400,000 to $425,000.
Park Development Reserve - To provide resources for the improvement or maintenance of park
facilities, not accounted for in the General Operating Budget. The preliminary estimated June 30,
1995 balance is $85,000, the revised estimate is about $60,000 (due to abandonment of the Ferry
Realignment and Reconstruction Project nearly $25,000 in engineering costs are not reimbursable
and therefore are a cost to this reserve. A reallocation of $40,000 is proposed. The resulting
balance is nearly $100,000 which is the minimum recommended balance.
Drainage Reserve - To provide resources for construction of improvements to the curb and
storm drain collection system. Estimated total resources are $87,000, a reallocation of $50,000 is
TOWN OF TIBURON, Fund Transfers, 1995-96
Page-2
proposed. The result is a balance which is within the recommended range of $100,000 to
$150,000.
Capital Outlay Reserve - For acquisition, construction or improvement of public property and
facilities. This reserve has recently been used for Town facilities' - Administration, Police, Public
Works, Council Chambers - improvements. Current estimated resources are $52,000, the
recommended range is $100,000 to $150,000. A reallocation of$70,000 is proposed, which
would result in a balance within the range.
Recommendation:
Town Council conduct Public Hearings concerning proposed reallocations among reserves of the
General Fund, and adopt a schedule of reallocations to certain designated reserves, to be effective
for the Fiscal Year beginning July 1, 1995.
Exhibits:
1. Fiscal Year 1995-96 Preliminary Budget, Page 8.
2. Reserve Ranges, November 3, 1993
TOWN OF TIBURON, Fund Transfers, 1995-96
Page-3
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One of the beneficiaries of the PERS surplus is the Town's Unallocated
General Fund Reserve which should reflect an approximate fund balance of $1,165,000 at
the close of FY94-95. Based upon the Town's 25% policy maximum for this reserve, the
following fund transfers are recommended in conjunction with the adoption of the FY 1995-
96 budget:
GENERAL FUND
RESERVES
Estimated
7-1-95
Balance
Fund
Transfer
Recommended
7-1-95 I
Balance ,
, , I
I I (290.000~
, 1. General Unallocated I 1,165,000 875,000
2. Capital Equipment Replacement 130,000 50,000 180,000
3. Capital Outlay 52,000 70,000 122,000
4. Drainage 87,000 50,000 137,000
5. Employee Compensated Leave 216,000 30,000 246,000
6. New Town Hall Improvement 1,350,000 0 1,350,000
7. Park Development 85,000 40,000 125,000
8. Self Insurance I 154,000 50,000 204,000
TOTALS: $3,239,000 $0 $3,239,000
The primary purpose of these recommended fund transfers is to recapitalize certain
restricted funds and bring their fund balances to within the policy maximum and minimum
guidelines. .
In addition to the current need for New Town facilities, the other major issue
confronting the Town is the need for an overall upgrading of the Town's street system. A
"Short Term" improvement plan is being recommended which will address those streets
requiring immediate attention. These street repairs and improvements \vill be accomplished
over the next two (2) fiscal years at an estimated cost of $440,000. Within this same time
8
ExmBIT NO.
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New Town Center Program $ ..0- $ ..0- $ ..0- $ 677
(Establish New Designated ,
Reserve Fnnd)
~~
In conjunction with the above proposed fund transfers, Staff also recommends
that Council approve the following General Fund "Minimum and Maximum"
ranges for each of the specific reserve funds:
FUND RESERVE NAME RESERVE MINIMUM RESERVE MAXIMUM
General. Unallocated $700 $900
Capital Equip. 150 200
Replacement
Capital Outlay 100 150
Drainage 100 150
Emp. Compensated Leave 200 . 300
New Town Hall Impr. 350 750
Park Development 100 150
Revenue Sharing ..0- ..0-
Self Ins. Reserve 150 250
New Town Center 1,000 1,500
Construction
(FIGURES IN OOO's)
The above Reserve Fund limits are based primarily upon past
experience and needs of the Town. They are not intended as precise
projections and in some cases they may prove to be either insufficient
or overfunded. However, the reserve ranges will provide the Town
with the ability and flexibility in funding certain non-budgeted needs
of the Town and emergency costs which arise from time to time.
.
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TOWj\1 UANJ\GER'S OFFICE
1("'\1" "uO::: TIBURON
) 'I. IV. \-
54 Claire Way
Tlburon
California 94920
4153881232
June 19, 1995
To: Mayor, Andrew Thompson
& Tiburon Town Council.
From: Peter Brooks, certified Arborist
54 Claire Way, Tiburon.
RE; Dedicated Trees
Dear Council Members,
I am requesting your approval to chair an ad hoc comittee to
establish a listing of the town's most sinificant trees, in
order to recognize them as Dedicated Trees.
This commitee would request public imput for nomination of
dedicated trees on pUblic and private properties. It would
provide the council with a list of nominated trees and an
arborist report on the trees with information pertinant to
the establishment of dedicated status. This information
would include, location, species, condition, historical
significance if applicable, and with private property trees
signed acknowledgement of intent from tree owner.
The town tree ordinance has verbiage to allow for dedicated
tree status, but to my understanding does not have any
dedicated trees. The purpose of the dedicated tree status is
to provide an extra layer of protection for trees of
exceptional value in the on going battle of view vs tree.
A dedicated tree directory would also be valuable in
securing federal grants from the Tree City U.S.A. program
and other funding sources.
Dedicated tree status would not prevent the town or owner
from maintaining or removing the tree if safety issues
arise, but would insure the future generations of this
community that the present stewards understand the value of
its trees and wished to share that heritage with them.
Sincerely,
Peter Brooks
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