HomeMy WebLinkAboutTC Agd Pkt 1995-06-21
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REVISED 5:00 P.M. 6/16/95
TIBURON TOWN COUNCIL
AGENDA
TOWN OF TIBURON
1101 TIBURON BLVD.
REGULAR MEETING
MEETING DATE:
CLOSED SESSION:
MEETING TIME:
JUNE 21, 1995
NONE
7:30 P.M.
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PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all
points of view. members of the audience should:
(1) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) Limit Presentations to 3 minutes; (5)
Speak Directly into Microphone.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact
Town Hall (415) 435-7373. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to
ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]
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REDEVELOPMENT AGENCY
A. ROLL CALL
B. APPROVAL OF MINUTES
1. #RA-43-95 February 1, 1995; #RA-44.95 March 1, 1995
C. PUBLIC HEARING
2. REDEVELOPMENT AGENCY BUDGET
a) Recap FY94-95 Budget
h) Presentation and Adoption FY95-96 Budget (Resolution)
D. ADJOURNMENT
TOWN COUNCIL
A. ROLL CALL
B. PUBLIC QUESTIONS AND COMMENTS
Please confille YOllr comments during this ponioll of the agenda to matters not already all this agenda,
other than items on the Consent Calendar. 77lC public will be gi,'en an oppol11mity to speak on each
agenda item at the time it is called. Presentations are limited to three (3) minlltes. Matters requiring action
will be referred to the appropriate Commission, Board, Committee or Stafffor cOllsideratioll and/or placed
on a future meeting agenda.
C. CONSENT CALENDAR
1. APPROVAL OF MINUTES #1054, May 31, 1995; #1055, June 7, 1995;
Amended #1051, May 17, 1995; Amended #1053 (Joint Planning
Commission/Town Council, May 23, 1995)
2. RESOLUTION - DENIAL OF MCDONNELL APPEAL RE: 690 HILARY
DRIVE PROPOSED ADDITION (Applicant Krabbenschmidt/O'Dell)
3. RESOLUTION - PARTIAL UPHOLDING OF MISURACA/BRIEANT
APPEAL RE: HAM RADIO ANTENNA APPLICATION - 223 Diviso Street
4. RESOLUTION ABANDONING TIBURON COMMUNITY FACILITIES
DIST. NO. 1994-1, BALLOT MEASURE "M", JUNE 1994
D. UNFINISHED BUSINESS
5. NEW TOWN FACILITIES - DOWNTOWN ADMINISTRATION
BUILDING & NED'S WAY POLICE BUILDING (Discuss Implementation
Program and Schedule)
6. BLACKlE'S PASTURE MARSH RESTORATION PLAN (Parks and Open
Space Commission Report & Recommendation - Revised Marsh Plan)
7. DOWNTOWN FERRY DOCK REALIGNMENT (Report on Meeting with
Mr. Irmer, Pt. Tiburon, Red & White Fleet)
E. PUBLIC HEARING
8. FY95-96 TOWN BUDGET (Continued Public Hearing - Discussion and
Adoption - Resolution)
9. LEAF BLOWER ORDINANCE (2nd Reading and Adoption)
F. COMMUNICATIONS
10. EIGHTH ANNUAL CHILI FESTIVAL (Main Street Location & Times)
11. LETIER FROM ATIORNEY NIELSEN TO TOWN MANAGER, June 16,
1995 (State Lawsuit with Zelinsky & Downtown Town Hall Property)
G. STAFF & TOWN MANAGER REPORTS
H. ADJOURNMENT
R DIt I(€1vc. M.
DRAFT
REDEVELOPMENT AGENCY
MINUTES
Chairman Thompson called the meeting of the Redevelopment Agency of the Town of
Tiburon to order at 7:30 P.M., February 1, 1995 at 1101 Tiburon Boulevard, Tiburon,
California.
A. ROLL CALL
PRESENT: BOARD MEMBERS:
Ginalski, Nygren, Wolf, Thayer, Thompson
ABSENT: BOARDMEMBERS:
None
EX-OFFICIO:
Executive Director Kleinert, Finance Director
Stranzl, Minute Clerk Hennessy
B. APPROVAL OF MINUTES
#RA-42-94, September 7, 1994.
MOTION:
Moved:
Vote:
To approve Minutes #RA-42-94, September 7, 1994 as submitted.
Thayer, Seconded by Ginalski
AYES: Unanimous
NOES: None
C. BUSINESS ITEMS
1. 1993-94 REDEVELOPMENT AGENCY AUDIT
The Finance Director reviewed the Staff report.
Motion:
Moved:
Vote:
To approve the 1993-94 Redevelopment Agency Audit
Thayer, Seconded by Nygren
AYES: Unanimous
NOES: None
#RA-43-95
2/1/95
1
D. ADJOURNMENT
There being no further business of the Redevelopment Agency of the Town of Tiburon,
Chairman Thompson adjourned the meeting at 7:35 P.M. sine die.
ANDREW THOMPSON, CHAIRMAN
ATTEST:
R. L. KLEINERT, EXECUTIVE DIRECTOR
#RA-43-95
2/1/95
2
REDEVEWPMENT AGENCY
MINUTES
~D4 TJe/A Ala,
DRAFT
Mayor Thompson called the regular meeting of the Redevelopment Agency of the
Town of Tiburon to order at 7:33 p.m., Wednesday, March 1, 1995 in Council
Chambers, 1101 Tiburon Blvd., Tiburon, California.
A ROLL CALL
PRESENT: BOARD MEMBERS:
Ginalski, Nygren, Thompson, Wolf,
Thayer
ABSENT: BOARD MEMBERS: None
EX OFFICIO:
Town Manager Kleinert, Town Attorney Ewing, Town
Engineer Mohammadi, Finance Director Stranzl,
Planning Director Anderson, Minutes Clerk Sherwood
B. NEW BUSINESS
Motion:
To adopt the resolution attached to the Amended Agreement
with EAH regarding Cecilia Place Senior Housing Project.
Nygren, Seconded by Thayer
AYES: Unanimous
Moved:
Vote:
C. ADJOURNMENT
There being no further business before the Redevelopment Agency of the Town
of Tiburon, the meeting was adjourned.
ANDREW THOMPSON, CHAIRMAN
ATTEST:
R. L. KLEINERT, EXECUTIVE DIRECTOR
#RA-44-95
3/1/95
1
~D4 zklvL ffi. 2
TmlJRON REDEVELOPMENT AGENCY STAFF REPORT
MEETING OF JUNE 21, 1995
TO: TffiURON REDEVELOPMENT AGENCY BOARD OF DIRECTORS
FROM: FINANCE DIRECTOR
SUBJECT: AGENCY BUSINESS
1. FINANCIAL REPORT (FISCAL YEAR 1994-95)
2. PROPOSED BUDGET (FISCAL YEAR 1995-96)
Background:
The items referenced above require the following actions of the Board of Directors of the Tiburon
Redevelopment Agency: (i) acceptance of the PreIiminary Financial Report for the Fiscal Year
ended June 30, 1995, and (ii) adoption of an Agency Budget for Fiscal Year 1995-96.
llris report is presented in two sections:
Section 1.
Section 2.
Preliminary Financial Report, Fiscal Year 1994-95
Proposed Agency Budget, Fiscal Year 1995-96
Recommendations:
1. Accept the PreIiminary Financial Statements for Fiscal Year 1994-95.
2. Approve Agency Budget for of the Fiscal Year 1995-96.
Exbibits:
A 1. General Fund, Financial Statement, Fiscal Years ended 1993 to 1996
A2. Housing Set-Aside Fund, Financial Statement, Fiscal Years ended 1993 to 1996
B I. RDA PreIiminary Budget, Fiscal Year 1995-96, previously submitted.
TffiURON REDEVELOPMENT AGENCY, June 21, 1995, Finance & Budget
Page- I
SECTION 1. PRELIMINARY FINANCIAL REPORT, FISCAL YEAR 1994-95
Included in this section are preliminary financial statements for the Redevelopment Agency's
General and Housing Set-Aside funds for the Fiscal Year ended June 30, 1995. As of the issuance
of these statements the County has not yet provided the Agency with a final tax increment
disbursement and accounting of increment revenue for Fiscal Year 1994-95. Attached Exhibits Al
and AZ. provide preliminary financial data for Fiscal Year 1994-95.
1. Redevelopment General Fund
Fund Balance On July 1, 1994, the opening fund balance was $51,904 - cash resources
were $111,905 of which $60,000 was reserved for repayment of the Fiscal
Year 1992-93 advance from the Housing Set-Aside Fund. It is currently
estimated that the June 30, 1995 fund balance will be $34,500 - cash
resources will be approximately $79,500, of which $45,000 will be
reserved for repayment of the Advance.
Revenues It is estimated that tax increment revenue will be approximately $490,000,
which is less than anticipated due to prior year adjustment for the valuation
and sale of commercial property in the redevelopment project area.
Investment earnings will be nearly $15,000 which is greater than budgeted-
for because tax increment funds were disbursed to the Agency by the
county earlier than in recent years.
Expenditures Disbursements associated with regular financial, legal and administrative
activity will probably be $11,200, as budgeted-for.
Other Uses of Funds The regular payment of$472,500 to the Point Tiburon Community
Facilities District will be made pending final County disbursement of tax
increment for FY 1994-95. The General Fund had adequate resources to
make the State-ntandated payment of$38,700 to the County ERAF. The
Fund will have adequate resources to make a second $15,000 repayment of
the FY 1992-93 ERAF Advance of$75,000 from the Housing Set-Aside
Fund; the General Fund owes the Housing Fund $45.000 of the original
Advance.
2. Housing Set-Aside Fund
Fund Balance
On July I, 1994, the opening fund balance was $762,547 - cash resources
were $822,547 of which $60,000 was reserved for repayment of the Fiscal
TIBURON REDEVELOPMENT AGENCY, June 21, 1995, Finance & Budget
Page-2
Revenues
Expenditures
Cecilia Project
Hilarita Project
Other Sources and
(Uses) of Funds
Year 1992-93 advance to the General Fund for ERAF purposes. It is
currently estimated that the June 30, 1995 fund balance will be $975 000 -
cash resources will be approximately$930,000, and $45,000 represents
reserve for repayment of the Advance.
It is estimated that tax increment revenue will be approximately $160,000,
which is slightly less than anticipated due to the prior year adjustment
referred to above. Investment earnings will be nearly $44,000 which is
greater than budgeted-for because Fund resources earmarked for the
Cecilia and Hilarita projects were not expended as budgeted. There was
also a rebate ofan application fee ($1,000) associated with the Cecilia
Project.
Costs associated with regular financial, legal and administrative activity will
be approximately $27,500, which is $10,000 less than budget, attributable
to savings in legal costs.
In FY 1994-95 the carry-forward appropriation was $109,400, estimated
expenditures are $24,000. Project progress was delayed pending resolution
of tax credit issues. Originally $160,000 was appropriated for project
development, in two (2) fiscal years cumulative expenditures approximately
$79,000.
In FY 1994-95 the carry-forward appropriation was $167,000, estimated
expenditures are $66,000. The Project has ended the current phase which
included payments for professional planning and management, and facilities
evaluation and inspection. In two (2) fiscal years cumulative Project
expenditures were about $68,000.
The Fund will receive a second $15,000 repayment of the 1992-93
Advance to the General Fund. The Housing Fund is owed $45,000 of the
original $75,000 Advance. It is also anticipated that the Fund will receive
$65,000 in reimbursed Hilarita Project costs.
TIBURON REDEVELOPMENT AGENCY, June 21, 1995, Finance & Budget
Page-3
SECTION 2. PROPOSED BUDGET, FISCAL YEAR 1995-96
Presented below, by fund, are the proposed Agency revenue, expenditure, sources and uses
appropriations for Fiscal Year 1995-96. Attached Exhibit B. provides the line-item appropriation
figures for the General and Housing Set-Aside Funds. Modifications, adjustments or corrections
are included in the figures presented below.
1. Redevelopment General Fund
Revenues & Sources................................................................... $ 511,500
The Agency anticipates receiving $502,500 in tax increment - an amount referred to in the
Fiscal Agreement of the Agency. Investment earnings are projected to be $9,000, reduced
from FY 1994-95 levels primarily because of reduced tax increment proceeds (line-item
detail suggests $6,000, add $3,000.)
Expenditures & Uses .................................................................. $ 504,000
The Agency is budgeting $16,500 for anticipated financial, administrative and legal
services. Additional administrative costs may result from increased activity associated with
the Town Center and library projects. The Agency will receive tax increment sufficient to
make the required debt service payment of$472,500 the Point Tiburon Community
Facilities District. The General Fund will make a third (3rd) repayment of the 1992-93
Advance, in the amount of$15,000 to the Housing Fund.
Estimated Closing Fund Balance .................................................. $ 57,000
Cash resources will be $87,000, $30,000 is reserved for repayment of the Advance.
2. Housing Set-Aside Fund
Revenues.. ................................................ ....... ................... ........ $ 231,000
The Agency anticipates receiving $181,000 in tax increment - an amOlmt approximately
equal to 20% of the tax roll associated with projected assessed valuation ($90,800,000) ill
the Agency. Investment earnings are estimated to be $50,000, slightly increased [rom prior
year levels primarily because of increased Fund resources (line-item detail suggests
$35,000, add $15,000.)
Sources of funds .... ...................... ...... ......................................... $ 265,000
TmURON REDEVELOPMENT AGENCY, June 21,1995, Finance & Budget
Page-4
The Housing Fund will receive from the General Fund a third (3rd) repayment of the
1992-93 Advance, in the amount of$15,000 to the Housing Fund. It is anticipated that the
developers of the Cecilia Project will pay $250,000 to the Fund for the property.
Expenditures............................................................................... $ 337,500
The Agency is budgeting $37,500 for anticipated financial., administrative and legal
services. Additional administrative costs may result from increased activity associated with
the Town Center, Cecilia and Hilarita projects.
Capital Projects appropriations in the amount of$300,000 are proposed. For the Cecilia
Project $100,000 represents a carry-forward appropriation for pre-development planning
(which was delayed on the tax credit issue); and $11 0,000 is appropriated for site
improvements, which may be undertaken in Spring 1996. For the Hilarita Project: the
appropriation of$90,000 represents a carry-forward from the original $167,000; at this
time TEAIHilarita will apprise the Agency of any plan which requires financial support of
the Housing Fund.
Uses of funds.............................................................................. $ 180,000
The Fund will loan $180,000 to the Cecilia Project for construction costs.
Estimated Closing Fund Balance ................................................. $ 938,500
Cash resources will be $908,500, $30,000 is owed to the Housing Fund by the General
Fund for the 1992-93Advance.
TffiURON REDEVELOPMENT AGENCY, June 21,1995, Finance & Budget
Page- 5
TffiURON REDEVELOPMENT AGENCY
GENERAL FUND
STATEMENT OF REVENUES, EXPENDITURES
& CHANGES IN FUND BALANCE
FISCAL YEARS ENDED JUNE 30TH, 1993, 1994, 1995 & 1996
1992/93 1993/94 1994/95 1995/96
Actual Actual Estimated Proposed
Revenues:
Taxes 532,216 587,882 490,000 502,500
Intergovernmental 0 0 0 0
Investment Earnings 5,662 12,336 15,000 9,000
Other Revenue 0 0 0 0
Total revenues $537,878 $600,218 $505,000 $511,500
---
Expenditures:
General Government 24,893 9,000 11,200 16,500
Capital Proj ects 0 0 0 0
Total expenditures $24,893 $9,000 $11,200 $16,500
--------
Excess (deficit) of
revenues less expenditures $512,985 $591,218 $493,800 $495,000
--- -- ~--
Other Sources and (Uses):
Sources: Advance from Housing 75,000
Uses: Payment on advance 0 (15,000) (15,000) (15,000)
Uses: State ERAF Payment (124,797) (38,158) (38,700) 0
Uses: Cornmunity Facilities District (472,500) (472,500) (472,500) ~72,500)
Total sources and (uses) ($522,297) ($525,658) ($526,200) j$487,500)
-.-"-
Net of (revenues less
expenditures) and
total sources and (uses) ($9.312) $65.560 ($32,400) $7.500
_______n_ -- - -----
Fund Balance:
Prior Balance 55,656 46,344 111.904 79,504
Preliminary Closing Balance 46.344 111,904 79,504 87.004
cash & investments
Reserved: Repayment of Advance (75.000) (60,000) (45.000) (30.000)
--------- -,-----------
Oosing Balance ($28.656) $51,904 $34,504 $57,004
TffiURON REDEVELOPMENT AGENCY
HOUSING SET-ASIDE FUND
STATEMENT OF REVENUES, EXPENDITURES
& CHANGES IN FUND BALANCE
FISCAL YEARS ENDED JUNE 30TH, 1993, 1994, 1995 & 1996
1992/93 1993/94 1994/95 1995/96
Actual Actual Estimated Proposed
Revenues:
Taxes 165,528 184.715 160,000 181,000
Intergove=ental 0 0 0 0
Investment Earnings 49,057 51,925 45,000 50,000
Other Revenue 0 0 0 0
Total revenues $214,585 $236,640 $205,000 $231,000
Expenditures:
General Gove=ent 0 37,966 27,500 37,500
Capital Projects
EAH Highlands Project 0 54,986 24,000 11 0,000
Site Improvement phase 100,000
TEA Hilarita Project 0 1,888 66,000 90,000
Total Expenditures: $0 $94,840 $117,500 $337,500
Excess (deficit) of
revenues less expenditures $214,585 $141,800 $87,500 ($106,500)
Other Sources and (Uses):
Sources: Payment from advance 0 15,000 15,000 15,000
Sources: EAR Project 0 0 0 250,000
Sources: TENHilarita reimbursed 0 0 65,000 0
Uses: Advance to General Fund (75,000) 0 0 0
Uses: Purchase of Highlands Site 0 (560,000) 0 0
Uses: Loan to EAH Project 0 0 0 (180.000)
-~
Total Sources (Uses): ($75,000) l~45.000) $80,000 $85,000
---~,~- ------
Net of (revenues less
expenditures) and
total sources and (uses) $139,585 ($403.200) $167,500 ($21,500)
-.------- ~ -- ------. ----
Fund Balance:
Prior Balance 1,026,162 1,165,747 762,547 930.047
Preliminary Closing Balance 1.165.747 762.547 930,047 908,547
cash & investments
Reserved: Repayment of Advance 75.000 60,000 45,000 30,000
~---- -._-- un_
Closing Balance $1.240.747 $822.547 $975,047 $938,547
I
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FISCAL YEAR 1995/96 PRELIMINARY BUDGET
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TjBUJl.ONJ{EDEVJ!:LOPl\1.~tAGg~GX
SUMMARY
Description 1993/94 1994/95 1995/96
Actual Budget Estimated Proposed Approved
SALARY & WAGES 0 0 0 0'
EMPLOYEE BENEFITS 0 0 0 0
SUPPLIES & SERVICES 654,840 313,900 II 7 .500 337,500
CAPITAL OUTLAY ALLOWANCE 0 0 0 0
TOTAL EXPENDITURES S654,840 S313,900 S117,500 I S337,500
SUPPLIES & SERVICES, OTHER USES
Description 1993/94 1994/95 1995/96
Actual Budget Estimated Proposed Approved
Legal Services 21,501 20,000 · 10,0001 20.000
Financial Services 1.590 2,500. 2.500 2,500
Administrative Services, Town 14.875 15,000 15.000 15.000
:
Dcbt Service Payment - Community Facilities District .
State of California ERAF Payment
EAH Highlands Senior Housing Project 54.986 109,400 24,000 210.000 .
TEA Hilarita Preservation Project 1.888 167,000 . 66,000 90,000
. .
Highlands Site Purchase 560.000
I
TOTAL SUPPLIES & SERVICES, USES S654,840 S313,900 S117,500 S337,500
- 95-
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FISCAL YEAR 1995/96 PRELIMINARY BUDGET
ts .................~~NERALIl~~CREME~'i FlJND
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SUMMARY
Description 1993/9~ 1994/95 1995/96
Actual Budget Estimated Proposed Approved
SALARY & WAGES 0 O. 0 0
EMPLOYEE BENEFITS 0 O. 0 01
SUPPLIES & SERVICES 519.658 521.900 522,400 489,000
CAPITAL OUILA Y ALLOWANCE 0 0 0 0'
TOTAL EXPENDITURES $519,658 $521,900 $522,~00 $~89 ,000
SUPPLIES & SERVICES, OTHER USES
Description 1993/9~ 1994/95 1995/96
Actual Budget Estimated Proposed Approved
Legal Services 281 5,000: 5,000 5,000
Financial Services 2,160 1,200 1,200 1,500.
Administrative Services, Town 6.559 5,0001 5,000 10.000 .
: ,
Debt Service Payment- Community Facilities District 472.500 472,500 . 472,500 472,500
State of California ERAF Payment 38.158 38.200 . 38.700 01
-'- ,
, r
: ,
.
TOTAL SUPPLIES & SERVICES, USES $519,658 $52 I ,900 $522,~00 $~89 ,000
- 94-
,.
TOWN COUNCIL
MINUTES
...--r . /,)
lie M ;to.
DRAFT
CALL TO ORDER
Mayor Thompson called the adjourned meeting of the Town Council of the Town of
Tibuwn to order at 7:39 p.m., Wednesday, May 31, 1995 in Council Chambers, 1101
Tiburon Blvd., Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Thayer, Thompson, Wolf
ABSENT: COUNCILMEMBERS: Nygren, Ginalski
EX OFFICIO:
Town Manager Kleinert, Town Attorney Ewing,
Finance Director Stranzl, Planning Director
Anderson, Town Engineer Mohammadi, Public
Works Superintendent Iacopi, Town Clerk Crane
B. PUBLIC OUESTIONS AND COMMENTS
Town Manager Kleinert read the following into the record:
"May 31, 1995 - Tiburon Town Council - STATEMENT TO BE READ AT
TONIGHTS COUNCIL MEETING:
Dear Members of the Council:
In the May 31, 1995 issue of The Ark an article on the current town hall ballot
measures states that Tibuwn Police Chief Peter Herley "endorsed" Measures J &
K (Downtown Plan). This is an error. To our knowledge, Chief Herley has not
endorsed any of the town hall ballot measures.
The Ark truly regrets this misstatement and any embarrassment it may have caused
the chief. A retraction will be printed in the upcoming issue.
Sincerely, Barbara Gnoss, editor and publisher
cc: Tiburon Town Councilmembers/Chief Peter Herley"
Deirdre McCrohan, reporter for The Ark, added her apology to the Chief for the
misunderstanding and said she "stood behind" Ms. Gnoss' letter.
TOWN COUNCIL MINUTES #1054
5/31/95
1
C. UNFINISHED BUSINESS
1. MARINERO ESTATES - HARROMAN PROPERTY DEVELOPMENT
AGREEMENT (Second Reading of Ordinance and Adoption). Town Attorney Ewing
gave the staff report, recommending adoption. Councilmember Thayer asked for
assurances that there were "no more land mines." Attorney Ewing said that he had re-
read the agreement and was comfortable that the Town was not bound unnecessarily by
it in the face of the pending [Stonehill] litigation. He also stated that the Town's
opinion was that the property was wholly owned by the corporation represented by the
Receiver, and that any cause of action against the Town would be invalid.
Mayor Thompson opened and closed the public hearing.
MOTION: To Read the Ordinance by Title only
MOVED:
Wolf, Seconded by Thayer
MOTION: To Adopt the Ordinance
MOVED:
Wolf, Seconded by Thayer
Mayor Thompson read, "AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING A DEVELOPMENT AGREEMENT FOR THE
MARl NERO ESTATES (HARROMAN) DEVELOPMENT
VOTE:
AYES:
Wolf, Thayer Thompson
NOES: None
ABSENT: Nygren, Ginalski
2. NTC BALLOT MEASURES INFORMATIONAL MAILER (Reconsider
Decision for Second Mailer to Tiburon Registered Voter Households.)
MOTION: To rescind decision to send out Second Mailer
MOVED:
Thayer, Seconded by Wolf
VOTE:
AYES:
Thayer, Wolf, Thompson
NOES: None
TOWN COUNCIL MINUTES #1054
5/31/95
2
ABSENT:
Nygren, Ginalski
D. PUBLIC HEARING
3. FY95-96 TOWN BUDGET (Continued Public Hearing - Operating
Departments). Town Manager Kleinert said that formal adoption of the Town Budget
would take place on June 21, after all the scheduled public hearings.
Finance Director Stranzl gave an overview of the budget, noting that it included
only the negotiated salary increases for the Police Officer's Association but no other
increases. He also noted that staffing levels had remained virtually unchanged and that
there were only minor changes in the way the budget information was stated, such as
computer supplies being broken out (p. 27) and the itemization of significant JPA costs.
Councilmember Wolf asked for clarification of the figures listed in the ERAF
rebate, and for the State "take-aways" noted in the Summa!)' to be tied to columns in the
chart.
Finance Director Stranzl noted increases to the Administrative Budget in the areas
of election expense and animal control. It was noted that the Town Hall special election
costs were to come out of the Town's Building Fund.
Other budget highlights:
Town Attorney. Costs down for outside counsel. Municipal Code Update to be
placed back in budget.
Community Development. Contract planner added to cover maternity leave of
regular employee. Planning Director Anderson recommending keeping staffing levels
as they were. Council member Wolf asked who was paying the medical insurance costs
for the employee on leave (employee).
Public Works and Police Department. Finance Director Stranzl stated that
equipment replacement funds had been developed for new equipment, along with
depreciation schedules to track them. Council asked whether equipment was salvaged
from police cars and how much the cars were auctioned off for. Sergeant Aiello said
that the cars were sold "stripped" and that they averaged $2,000 - $3,000 per vehicle.
Councilmember Wolf asked why the revenues from parking enforcement were
$20,000 less than estimated and did not cover the cost of adding a parking enforcement
officer. Finance Director Stranzl noted that there was a lag time in receiving revenues
from the Parking Authority and that the number would go up. Sergeant Aiello stated
that the Department was changing revenue companies in the near future and estimated
TOWN COUNCIL MINUTES #1054
5/31/95
3
a six-week lag in start-up time.
Police Chief Herley noted that there was a3% increase in the Police Budget from
the previous year. He restated that need for an investigator because the Town's crime
clearance rate and property recovery rate was among the lowest in the County. Town
Manager Kleinert also noted that creating an investigator position would add more
latitude for promotion within the department. Chief Herley noted that they were not
recommending the inclusion of a captain or investigator position in FY95-96 budget, but
that they wanted to present the need to Council. Council asked Chief Herley to return
with numbers to support the recommendation.
Public Works. Operating budget remained unchanged except for reallocation of
personnel between Parks and Streets. Also, one Maintenance Worker position was
eliminated. Superintendent Iacopi expressed concern that the department was "maxed
out" due to heavy rains, resulting in more landscaping work and intensive use of
equipment. He asked for someone to help with his paperwork so that he could spend
more time in the field with his staff. Town Manager Kleinert said the request would be
evaluated.
Councilmember Wolf ask why there was an overage in the estimated pay for past-
superintendent Brunini. Town Manger Kleinert explained it was due to the elimination
of a position and previous personnel problems within the department.
Town Manager Kleinert estimated that the Storm Water Run-off Mandate would
generate $15,000 in revenue in the coming year.
councilmember Wolf asked why the savings realized for the outside street sweeping
project was not moved into the Operating Budget for road repairs. Town Manager
Kleinert said it went into the Capital Improvement Program and that the Town Engineer
and Superintendent of Public Works worked together on street improvement projects.
Councilmember Wolf, Town Manager Kleinert, and Finance Director Stranzl agreed to
discuss further. .
Councilmember Wolf asked for a more precise estimate on the cost of a new Radio
System for Public Works.
Town Engineer. Finance Director Stranzl said the budget reflected the contract
negotiated with the County for the Town Engineer's services. Town Manager Kleinert
said his hours, etc. would be reviewed shortly at Sia's six-month review.
General Fund. Council decided to defer discussion of General Fund issues to
hearing on Capital Improvements. Finance Director Stranzl said that some of the issues,
such as whether settlements were paid out of the Operating Budget or Town Reserves,
were policy issues which could be discussed later.
TOWN COUNCIL MINUTES #1054
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Other Business. Town Manager Kleinert said that people had complained of not
being able to hear what Councilmembers are saying because there is only one
microphone at the Council table. He presented an estimate from Hal Schmidt to
provide five (5) goose-neck microphones at the Council table which would be identical
to the set-up used by the Marin County Board of Supervisors. The cost of the mikes
plus mixer would come to $3,300, and could be moved into the new Town Council
chambers (when built).
Council directed Town Manager Kleinert to seek another alternative, namely,
adding two (2) hand-held microphoes at Council's table.
Mayor Thompson asked about the status of the (False) Alarm Ordinance. Chief
Herley said it had been sent to the Public Services Committee (Councilmembers Nygren
and Thayer) and that there would be a future report to Council.
Council adjourned to Closed Session at 9:08 p.m.
There being no further business before the Town Council, Mayor Thompson
adjourned the meeting 10:35 p.m., sine die.
ANDREW THOMPSON, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL MINUTES #1054
5/31/95
5
Jr^^ ;Ud' /
DRAFT
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Thompson called the adjourned meeting of the Town Council of the Town of
Tiburon to order at 7:34 p.m., Wednesday, June 7, 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, Planning Director
Anderson, Associate Planner Catron, Contract
Planner Allsep, Town Engineer Mohammadi,
Town Clerk Crane
B. PUBLIC OUESTIONS AND COMMENTS
Councilmember Thayer addressed the Council and public regarding the June 6
election. He said that it had been a long, vigorous campaign and that the voters had
indicated a new top priority, that is, building a Town Hall Downtown with a method of
financing that would not be a direct cost to the taxpayers. He stated that this new
priority replaced what he always felt the voters held to be a top priority of low density
and low impact in Downtown. Nevertheless, he said it was time to join together to work
for the common goal and suggested agendizing for a future meeting a discussion of the
organization and formation of subcommittees for the project, and to try and salvage prior
work that had been done.
Thayer said there would need to be a budget for the project, cost estimates and the
need to investigate and analyze possible loans; that parking for the New Library and
Town Hall should be analyzed and coordinated; that the changes to the intersection at
Ned's Way during construction should be looked at, and that these items should be
discussed and a plan developed at the next Council meeting.
Councilmember Nygren agreed with Thayer and said it was the right decision to ask
the voters where to build the new Town Hall. She said she would stand by her previous
promise to work diligently to build the new Town Hall in the location decided by the
majority of voters.
TOWN COUNCIL MINUTES #1055
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Council member Ginalski concurred with Thayer and Nygren and said we should
move forward together to realize these goals.
Councilmember Wolf thanked her fellow Councilmembers for their remarks, but
stated that nothing in Measures J or K was inconsistent with the Town's low growth,
General Plan. She said the issues of traffic and parking were overstated, and reiterated
that the Town will continue to preserve as much Open Space as possible and evaluate
future development to ensure that there are no negative impacts. Wolf said she thought
the outcome was a "win-win" situation for the community and the taxpayers, and that
there need not be any negative impacts.
Mayor Thompson concurred and thanked his fellow councilmembers for their
support and willingness to go forward. He said that the voters' mandate would save
money for the Town for other items such as the Harroman purchase and the schools.
He stated that he looked forward to working with the Council during the rest of 1995
and achieving the goals discussed in the Town Council/Town Staff workshop.
Mayor Thompson opened the public hearing for questions and comments.
Carolyn Freedman, 108 Lyford Drive, asked the Council to do something to help
the Marinero Homeowners' Association resolve a lighting issue that an absentee
property owner had refused to address for two years.
C. COUNCIL. COMMISSION OR COMMITTEE REPORTS
1. Marin County Hazardous & Solid Waste IP A Meeting. Councilmember Nygren
gave a brief report on the 1994 diversion rates for Tiburon and other Marin
communities, and noted that Tiburon had reached its 1995 requirement, but must
achieve a 50% rate by the year 2000. She also noted that Redwood Land Fill had
informed the IPA that they would be raising their rates, to be reviewed at the next
meeting of the IPA.
2. LAFCO Hearing - Old Landing Road Reorganization. Councilmember Thayer
stated that Town Manager Kleinert and Planning Director Anderson made an exceelent
presentation at the June 1 meeting. He expressed concern that the Local Agency
Formation Commission was considering changing the dual annexation policy and asked
Town Manager Kleinert to set up a workshop to discuss the issue with Supervisor Rose,
LAFCO Director Mittleman, and Commissioner Richardson. Old Landing Road has
been authorized to be connected to the sewer district but not to the contiguous
community for municipal services.
D. CONSENT CALENDAR
TOWN COUNCIL MINUTES #1055
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Item 3. Councilmember Nygren asked for changes to be made to the May 17 and
May 23 Minutes.
Councilmember Thayer moved to approve Items 4 through 7, seconded by
Councilmember Nygren. All ayes were recorded.
E. PUBLIC HEARING
8. Appeal of Design Review Board Decision Re: 690 Hilary Drive proposed
Addition. Contract Planner Allsep gave the staff report and recommendation to uphold
the Design Review Board Decision which represented a change in the height of the
proposed addition from 12 ft. to 11.6 ft.
Appellant Jocelyn McDonnell made her presentation asking for reconsideration of
the decision, and asked that the height be lowered to 11 ft. in keeping with the ridge line
and to protect her view of the water.
Applicant Jon Krabbenschmidt made his presentation and said that he had
compromised from his original plans of 14 ft. to 12 ft. after consultations with his
neighbors, and subsequently to 11.6 ft. at the request of the Design Review Board. He
thought the addition would "frame" and not block Ms. McDonnell's view. He also
offered to split the cost of trimming trees for his uphill neighbors to improve the view,
and offered to work with Ms. McDonnell in the same way. His architect, Tom Kwan,
asked the Council to consider whether 6 inches would make a difference in a view from
that distance.
Mayor Thompson opened the public hearing.
Pat Drogan, 683 Hilary Drive, spoke in favor of McDonnell. Vicki Winblad,
neighbor across from Krabbenschmidts, spoke in their favor.
Mayor Thompson closed the public hearing.
McDonnell and Krabbenschmidt made their rebuttals.
Hearing returned to Council.
Mayor Thompson asked Staff to clarify that there was no difference in Town policy
between an owner-occupied residence or non-owner occupied residence.
Councilmembers Thayer, Nygren and Thompson had visited the site and did not
think that lowering the height from 11.6 to 11 feet would make a significant difference.
Councilmember Nygren moved to Uphold the Decision of the Design Review
TOWN COUNCIL MINUTES #1055
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3
Board and to Deny the Appeal, seconded by Councilmember Thayer. All ayes were
recorded. Staff to prepare resolution.
9. Appeal of Planning Commission Decision Re: Ham Radio Antennae at 112
Diviso Street. Associate Planner Catron gave the staff report outlining the history of the
application for a use permit and subsequent appeal. Planning Commission denied the
use permit at their third meeting (4/26) without prejudice and waiving all fees, and
asked applicant to reapply. Commission cited reasons for the denial that the applicant's
changes were too great and the tolling of the permit deadline.
Applicant and subsequent Appellant Misuraca discussed the different types of
antennae he wanted to use or had presented to the Planning Commission, and cited bad
weather as a major delaying factor in resolving the issues. Misuraca told Council that
it was illegal to keep a federally licensed Ham operator in abeyance.
Mayor Thompson opened the Public Hearing.
Lucien Sanchez, 239 Diviso Street, said that Mr. Misuraca's ham radios interfered
with electrical equipment in her home and had forced she and her family to move out.
She asked if Mr. Misuraca could move the towers to the other side of his property so
that they would not block her views and lower her property value.
Paul Schrier, Planning Commissioner, 25 Apollo Road, gave his comments on the
actions taken by the Commission and why they had been taken. He told Council that
the Commission had acted in good faith and asked that a temporary use permit be
granted to Mr. Misuraca and that the item be remanded to the Commission for further
hearing.
Councilmember Wolf moved to extend the conditional use permit to Mr. Misuraca
for 120 days (from April 26 expiration date), and remand to Planning Commission for
further hearing and resolution of size of antennae and view issues. Town Attorney
Ewing said the Town was preempted by the FCC on the interference issue. Motion was
seconded by Council member Nygren, all ayes recorded.
F. UNFINISHED BUSINESS
12. Downtown Ferry Dock Realignment. Town Attorney Ewing reported that the
proposed new dock would meet ADA requirements at all times, and that, in his opinion,
the Point Tiburon Agreement did not preclude building a new dock at the proposed
location. Ewing recommended moving forward with the project but also taking bids on
smaller floats. He informed Council that the Town would be reimbursed for the
approximately $18,000 of engineering fees to date (by CALTRANS) if the project went
forward, but that the Town would recoup nothing if the project was abandoned.
TOWN COUNCIL MINUTES #1055
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4
Council reviewed the two revised proposals ("A" and "B") presented by Roger
Eldridge of Clausen Engineering which were drawn up after the last meeting. Mr.
Eldridge said that the new dock would be the same height as McDonogh's, would be in
line with McDonogh Dock and Corinthian Harbor, and would not impact the view of the
Golden Gate Bridge. It would consist of 29 inches of freeboard and a ramp
superstructure, and it would allow docking on both sides.
Councilmember Ginalski asked whether the existing dock could be made accessible,
and whether some sort of certificate could be issued to a private property owner showing
compliance with ADA regulations. Mr. Eldridge stated his opinion that if the public was
being served, regardless of whether the dock was privately or publicly held, that the
ADA requirement should be met, and that the new dock would be an asset to the
community.
Mayor Thompson opened the public hearing.
C.J. Key, 108 Paradise Drive, took exception to the Town Attorney's opinion that
the dock could be built in the proposed location and said that it would violate the intent
of the agreement to keep the views from Pt. Tiburon unobstructed.
John Yoeman, 107 Paradise Drive, said that Marine Transport companies do not
have to comply with ADA requirements, that the unobstructed view is what determines
the property value at Point Tiburon, and that an availability of money, not need, had
created the project. He said that the commuter trade had fallen, and claimed that Red
& White wanted a larger dock in order to further develop their tourist business, and to
use Tiburon as a transfer point for other tours.
David Irmer, 209 Paradise Drive, President of Innisfree Company, said the original
intent with regard to the property deeded to Tiburon (Shoreline Park and the other lots)
was to be used as Open Space and for the public use in perpetuity. He said that no one
had contacted him about the new dock and he disagreed with the Town Attorney's
opinion as to the use of the deeded land.
Hearing returned to Council.
Councilmember Thayer asked for clarification of ADA requirements vis a vis
marine facilities. Carolyn Horgan, Red & White Fleet Director of Operations, said that
existing facilities are "grandfathered" but new ones must comply. She said that
legislation is still being drafted for vessels, and wondered whether the regulations would
be rewritten for facilities.
Council member Nygren asked whether the Town should proceed to expend more
funds in the face of differing opinions on the legality of building the dock, the issue and
size, location and views. She said the proposed dock did not reflect Tiburon's small
TOWN COUNCIL MINUTES #1055
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5
character.
Councilmember Thayer said it would be useful if Red & White could confirm the
use statistics stated by Mr. Y oeman. Carolyn Horgan said she did not have them with
her but thought that commuter traffic was up about 10% over last year. Thayer said he
thought the new dock would help the downtown businesses. He said it was important
to encourage waterborne traffic, but felt it was important to ensure that resident-serving
uses were promoted and not to encourage growth just for tourist use.
Council member Thayer suggested that the Town pursue Alternative Dock "A" and
talk with Irmer and the Homeowners in order to reach some sort of resolution.
Councilmember Wolf thought every effort should be made to find a smaller barge.
Council member Ginalski asked why the Council was discussing the issue in the first
place if the current dock was not in violation of ADA, and questioned whether building
a dock in that lot was consistent with the deed to keep it as Open Space and public use.
He warned that 17 acres of tideland and shore could revert back to the grantee if the
terms of the agreement were violated.
Mayor Thompson said that even though the current dock was not forced to comply
with ADA, the Town should not stick its head in the sand by not dealing with the issue
at the current time. He stated that the tourist trade was important but should be
balanced with the needs of residents, and that the General Plan encouraged residential
uses downtown. He asked Town Attorney Ewing to set up a meeting with Irmer, Point
Tiburon, and Red & White and to bring the item back to Council as soon as possible.
G. NEW BUSINESS
13. Tree Ordinance (Review and Discussion). Council member Thayer said he had
asked for the item to be agendized because of concerns that had been expressed to him
about the trees removed at Del Mar School, by Pine Terrace, and in a recent letter
regarding the cutting of the eucalyptus trees on the knoll. He said he was pleased with
the ordinance and that the Town had come a long way in refining it.
Council member Nygren felt that something was still missing in the application of
the ordinance in specific instances and wanted more safeguards built in before permits
were granted by staff to cut groups of trees.
Town Manager Kleinert concurred that there were weaknesses in the current
system, and that even though neighbors within 300 feet were to be notified of cutting,
others would know nothing about it.
Mayor Thompson opened the public hearing.
TOWN COUNCIL MINUTES #1055
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6
Howard Robin, 15 Cecilia Court, President of Tiburon Highlands Homeowners
Association, said that they had voted unanimously to remove the eucalyptus trees within
at their expense, had engaged a tree service and had started work when the Town
stopped the work and said they needed a permit. Further action would depend on what
happened at the meeting, but he warned that the Town would be liable if the it
prevented the cutting and there was a fire.
Peter Brooks, 54 Clair, asked whether an arborist had been asked to make a report
and said that calling eucalyptus a dangerous tree was too broad a statement. He also
stated that other Marin cities (Corte Madera, SausaIito, Fairfax, Larkspur and San
Rafael) all required a certified arborist's report as part of their tree program. Mr.
Brooks said that Tiburon's policies protected views over trees. '
Hank Alexander, 16 Cecilia Court, said that TreeMasters did give an arborist's
report for their project.
George Landau, 82 Sugarloaf Drive, suggested that the rules that apply to citizens
(regarding cutting or removal of trees) should also apply to the Town, but he felt that
views were of primary importance to the people living here.
Jim Doyle, 115 Avenida Miraflores, said that trees were felled, trimmed, topped
without public notice and comment and felt that there was lackadaisical enforcement of
the ordinance by the Planning Department. He thought the Town's ordinance should
be conformed to State law which requires city and county governments to prohibit the
unnecessary topping of trees. He further proposed that local school and utility districts
should be subject to the same local planning and zoning ordinances.
Frank Shaw, 570 Virginia Drive, and Joe Keller, also made comments.
Hearing returned to Council. Council directed Staff to involve Planning
Commission in reviewing concerns expressed and consider suggestions made to improve
Town policies and procedures. Council authorized the Highlands Homeowners
Association to proceed with their tree removal.
F. UNFINISHED BUSINESS
11. Green Can Program. Council waived staff report and directed Mill Valley
Refuse service to proceed with pilot program. Rick Powell, MVRS General Manager,
said a letter would go out to Homeowners next week, delivery of Green Cans would take
place on July 15, and the first collection would take place the week of July 24.
G. NEW BUSINESS
14. Downtown Main Street ADA Requirements. Town Manager suggested that
TOWN COUNCIL MINUTES #1055
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7
the Main Street property owners might were considering installing ramps and rails,
changing the sidewalks, raising the street or closing it to traffic in order to comply with
ADA requirements.
During public hearing, Carolyn Garrity, 283 Karen Way, suggested other solutions,
such as access through back doors, and cited her experience working on 201 California
Street in San Francisco.
Thomas Frankovich, attorney for Partick Conley and Don Sticle, two of the
defendants suing the Main Street property owners, said that the litigation arose out of
people coming into Tiburon on the ferry and finding 50% of the businesses on Main
Street inaccessible. He said they would work with the businesses to make them
accessible, and proposed raising the sidewalk on the West side of Main Street next to
Westerly Teas and stepping it down gradually two inches; raising the sidewalk on the
East side of Main Street by six inches all from Thai Family Restaurant all the way to
Tommy's. He said the code did not require hand rails but that it was not a bad idea to
install one in front of Silk & Satin, and Thai Family.
Mr. Frankovich said the City had a duty to comply with Title 2 to make reasonable
accommodation as a public entity.
Hearing returned to Council. Mayor Thompson suggested creating a subcommittee
to work with the merchants to resolve the issue. Councilmember Nygren said that
Council should first deliberate about the options, and questioned whether it was a good
idea to close Main Street. Mayor Thompson and Councilmember Thayer concurred
about not closing the street.
Town Manager Kleinert said he was encouraged by attorney Frankovich's remarks
and would pass on the suggestions and ideas to the property owners through the
Chamber of Commerce. Attorney Frankovich said the case would be heard in Federal
Court and would probably go to trial in January (1996).
F. PUBLIC HEARING
10. LEAF BLOWER ORDINANCE. Council member Thayer suggested amending
the ordinance to allow the use of leaf blowers on Saturdays. Councilmember Nygren
moved to read the Ordinance by Title Only, seconded by Thayer. All ayes were
recorded.
Mayor Thompson read, "An Ordinance of the Town of Tiburon Adding a New
Chapter 30 to the Tiburon Municipal Code Relating to the Restricted Use of Gas-
Powered Leaf Blowers," and to include the Saturday amendment.
VOTE:
AYES:
Nygren, Ginalski, Wolf, Thayer, Thompson
TOWN COUNCIL MINUTES #1055
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8
NOES: None
H. COMMUNICATIONS
15. Application for Eighth Annual Chili Festival. Council directed Town Manager
Kleinert to get more specific information on hours and location.
16. Letter to Town Council from LAFCO. Councilmember Thayer recommended
setting up a workshop as soon as possible to discuss the Town's concerns about varying
from (LAFCO's) dual annexation policy. He instructed Town Manager Kleinert to
prepare a letter strongly expressing these concerns for the Mayor's signature.
I. STAFF AND TOWN MANAGER REPORTS
17. Tiburon Sanitary District No.5 - Paradise Drive Sewer Improvement District.
Town Manager Kleinert said he would send a letter to the District and Stuber-Stroeh
asking that the Town be copied with all correspondence and meeting notices about the
proposed improvements.
D. CONSENT CALENDAR
3. Approval of Minutes. Councilmember Nygren asked for changes to the May 17
and May 23 meeting minutes. A motion was made to adopt the minutes as amended,
all ayes were recorded, with Councilmember Wolf abstaining from voting on the May
23 meeting.
Councilmember Ginalski said he had received a letter from Mary Bowles, along
with a proposal to take over the collection of the Town's business licenses for a
percentage fee. Council asked the item to be placed on the next agenda.
There being no further business before the Town Council, Mayor Thompson
adjourned the meeting at 12:42 a.m., to June 12, 7:30 p.m. Budget Hearing.
MA YOR ANDREW THOMPSON
A TrEST:
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL MINUTES #1055
6/7/95
9
Ik ivL ;f}o - I
TOWN COUNCIL
MINUTES
DRAFT
11 AtE /tJ () E [)
10-7--1)
CALL TO ORDER
Mayor Thompson called the regular meeting of the Town Council of the Town of
Tiburon to order at 7:35 p.m., Wednesday, May 17, 1995 in Council Chambers, 1101
Tiburon Blvd., Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Ginalski, Nygren, Thayer, Thompson, Wolf
ABSENT: COUNCILMEMBERS: None
EX OFFICIO:
Town Manager Kleinert, Town Attorney Ewing,
Police Chief HerIey, Finance Director Stranzl,
Planning Director Anderson, Town Engineer
Mohammadi, Public Works Superintendent
lacopi, Town Clerk Crane
B. INTRODUCTION OF NEW TOWN EMPLOYEES
l.a) Public Works Superintendent Iacopi introduced new Maintenance Worker I
Jennifer Kielar, saying she had scored the highest on both written and oral tests of all
21 applicants for the position. b) Planning Director Anderson introduced new building
inspector Bill Talley, formerly with the Town of Corte Madera.
C. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES
2. Council approved RUSD designee Richard Rosen as the at-large delegate to the
New Library Board of Trustees.
D. PUBLIC OUESTlONS AND COMMENTS
None.
E. COUNCIL. COMMISSION OR COMMITTEE ORAL REPORTS
4. Wayne Snow, Chairman of the Parks and Open Space Commission,
recommended approval of the Barbara Meislin Swing Bench, and reported that the
Commission had discussed the placement of B1ackie's statue and proposed Marsh
Restoration Plan. Council member Nygren had some questions about the alternatives
listed in the Williams & Associates letter to the Audubon Society (re the Marsh).
TOWN COUNCIL MINUTES #1051
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1
Chairman Snow said the report had not yet had a public hearing, so he was unable to
comment on the direction the Commission might take. Councilmember Thayer asked
for clarification on the placement of Blackie's statue, and was told that the ultimate *
placement of the statue would depend on the final Marsh Plan.
On a separate issue, Councilmember Thayer reported to the Council that the Board
of Supervisors had approved the largest ever grant of Community Development money
($82,435) to the Hilarita. He noted that it was an indication of the County's support for
that project in the face of potential loss of federal funds.
F. CONSENT CALENDAR
5. RESOLUTION DENYING APPEAL/GRANTING VARIANCE (Bronte)
6. VISTA TIBURON SUBDIVISION (Final Map/Resolution)
7. MINUTES #1050, May 3, 1995 (Page 6, Item 9 Amended per
Council member Wolf)
Councilmember Thayer moved for approval of Items 5, 6 & 7 (above), seconded
by Councilmember Wolf. All ayes were recorded, except for Councilmember Nygren,
who abstained from voting on Item 6 due to proximity conflict.
Town Manager Kleinert asked for an item to be added the Consent Calendar
regarding the Belveron Gardens pump station and sewer rehabilitation project. Council
asked for time to review the project, previously agreed to in concept, at a future meeting.
Item was set for hearing on May 23, at 7:15 p.m. Council requested that residents
adjacent to project be notified of the meeting.
Item 8 (Major Crimes Task Force) was moved off the Consent Calendar.
3. a) Council returned to Committee Reports. Janet Braff, Chair of the Heritage
and Arts Commission, gave a report on the newly completed Walking Tour Brochure.
Michael Heckmann, architect and contributor of artwork to the brochure, also gave a
brief report. Copies of the brochure were made available to those present, and will be
available at various locations in Town. Red & White Fleet bought 25,000 of the 50,000
copies printed. Council member Nygren and Mayor Thompson thanked the Commission
for their efforts, and Town Manager Kleinert thanked the Commission on behalf of the
Chamber and the business community.
G. PUBLIC HEARING
9. GREEN CAN PROGRAM. Town Manager Kleinert gave the staff report prior
to the second public hearing on the proposed yard waste removal ("Green can")
program. He reiterated some of the concerns expressed by the public at the April 19
hearing and gave staffs responses. He stated that other Marin County communities had
TOWN COUNCIL MINUTES #1051
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2
introduced similar programs and were happy with them, and that the community had an
obligation to support such a program in order to raise the Town's 1994 30% diversion
rate to the 50% mandate by the year 2000. He said that if the program was instituted
on an optional basis it would drive up the overall cost.
Rick Powell, General Manager of Mill Valley Refuse Service (MVRS) stated that
Marin Resource Recovery in San Rafael now composts all clean yard waste, as well as
wood waste. He estimated that wood waste probably represents 80% of total yard waste.
Mr. Powell also offered two new features to the proposed Green Can service: 1)
a 20 gallon mini-can (which could be used in conjunction with the Green Can for a
lower the garbage rate of $11.86 per month); 2) MVRS will pick up one tied bundle of
yard waste, maximum 5' long and 1-1/2' in diameter, biweekly. (The latter was in
response to concerns expressed at the April 19 hearing about having to further cut and
break down large branches, etc.) He also stated that MVRS currently has "hardship"
service for people who cannot bring their cans to the curb, and the company would offer
the same service as part of the Green Can program upon demonstrable need.
There would be no upfront cost to residents in the pilot program, but Powell
estimated the cost of doing a pilot program at $15,000. At the end of the pilot program,
MVRS will send out a questionnaire asking for comments about the program. If the
program is canceled, the cost would have to be taken into account somehow .
Mayor Thompson opened the public hearing.
Frank AJlsinger, 525 Comstock Drive, stated that he liked the quarterly yard waste
pick-ups and wanted to keep them. He questioned why MVRS (or any sanitation
company) needed to raise rates and asked why they couldn't just slash the garbage bags
to see if the trash was yard waste or not.
Ellen Hall, 8 South ridge West, was concerned about being able to fill the Green
Cans on a biweekly basis.
Fran Mayberry, 1494 Vistazo West, expressed concerns on behalf of her neighbors
as to shortage of storage space and unsightliness of the Green Can. She stated they
would be more cooperative if they could use bags instead of cans.
Joy Easom, 1828 Lagoon View Drive, expressed concern about getting the can up
their steep driveway, and asked where to put it since they have no sidewalk. She, too,
would prefer bags.
Rick Powell responded to the comments and stated the company's concern about
potential workers' compensation claims if bags had to be lifted manually by the
sanitation workers.
TOWN COUNCIL MINUTES #1051
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3
Mirella Abbo, 90 Raleigh Circle, wanted the Del Mar area to be included in the
pilot program. She said that even though the neighborhood currently recycles and takes
trash to the landfill, she has heard mostly negative feedback about the Green Can
program.
Eric Schmidt, Silverado Drive, said that composting was the answer to the yard
waste problem and that he didn't want to pay for a program he wouldn't use.
Hearing returned to Council. Councilmember Ginalski asked about printing bags
with the word "Green." Councilmember Wolf stated that the Green Can program was
premature and should be instituted as a last resort after a) increased recycling, especially
in the business district, b) education to discourage residents from taking clean yard waste
landfill, c) the bags versus can option was explored, and d) composting was promoted.
She thought the program should be voluntary at first and, if necessary, changed to
involuntary if the percentages didn't rise.
Rick Powell said that he had worked with Town Manager Kleinert to increase
commercial recycling in Town with some success in that area, but that the 30% current
rate would remain flat unless something like the Green Can program was instituted.
Council thanked Mr. Powell and MVRS for the Green Can proposal and their
willingness to work with the Town. Town Manager Kleinert proposed returning to
Council with specific details and list of neighborhoods for the pilot program.
H. UNFINISHED BUSINESS
11. CAYFORD PEDESTRIAN/DRAINAGE EASEMENT. Town Engineer
Mohammadi gave the staff report on the history and current status of the proposed
project. A culvert had been installed on what turned out to be a legal lot, not a street,
as shown on the County Assessor's map. The new owner of the lot, Mr. Weiss, has
asked the Town to relocate the pipe in exchange for a waiver of building permit fees and
an easement on the property.
Mayor Thompson opened the public hearing.
Bruce Hall, 8 Southridge West, asked whether a residence could be built on the lot.
Ann Ross, 16 Reed Ranch Road, wanted to know whether it was two lots or one,
and why the purchaser didn't know about the drainage issue. (Town Attorney Ewing
said Mr. Weiss had approached the Town about removal of the pipe while the property
was in escrow.)
Other neighbors expressed concerns about the Town installing lights on the
proposed pathway, whether the pathway had to be paved or not, the current use of the
TOWN COUNCIL MINUTES #1051
5/17/95
4
lot by dogs and for dumping garbage.
Town Engineer Mohammadi said that paving the path made it easier to maintain,
and the width was specified to be able to drive trucks on it.
Mr. Weiss gave his comments and suggested changing the angle of the path at one
end to coincide with an existing sidewalk.
Hearing returned to Council. Council concurred that negotiations should continue
between the Town and Mr. Weiss, and directed that the matter be turned over to the
Legal Subcommittee (consisting of Councilmember Ginalski and Thayer).
12. FERRY DOCK REALIGNMENT. Attorney Ewing gave the staff report,
reiterating that $700,000 had been awarded to the Town by CALTRANS in May, 1993
to build a new ferry dock. One of the State's conditions was that the dock be public, not
private, and therefore it became subject to ADA (Americans with Disabilities Act)
regulations. In order to comply to ADA regulations, a plan for a larger dock was
developed.
Attorney Ewing addressed the issues of the size of the proposed new dock, and its
location closer to the shore (near Point Tiburon Bayside development). He also
informed Council that a lease between the Town and Mr. Zelinsky was being formalized
to ensure that the $1200 monthly fee currently paid by Red & White Fleet to Mr.
Zelinsky (for the easement on his property to access the dock) would be transferable to
a successor company.
He stated that, in his opinion, there was nothing in the Point Tiburon Subdivision
Lease Agreement that precluded construction of a new dock. He felt that the language
pertaining to other construction and obstruction of view applied to the shoreline park
(across from Point Tiburon).
Finally, Attorney Ewing said that the entire project would go before the Design
Review Board this summer, but asked for Council's direction as to the extent and
amount of money that should be spent on (further) design and engineering fees.
(Council had previously directed to keep fees at a minimum.) He stated the other
considerations as: 1) a two-year limit on project implementation tied to the
CALTRANS fees; and 2) suggested that Council decide whether or not it wanted to
proceed with the project before any more fees were incurred.
Council asked for clarification about ADA regulations and the reason for building
a new dock in the first place. Councilmember Nygren asked about what would happen
if the DRB rejected the plan. (Attorney Ewing said that Town staff would appeal the
decision to Council.) Councilmember Ginalski asked whether the two lots owned by the
Town where the new dock would be built were encumbered by Open Space restrictions.
TOWN COUNCIL MINUTES #1051
5/17/95
5
(Attorney Ewing said no.) Mayor Thompson asked why the dock had to be so long.
(Carolyn Horton, from Red & White, said it was necessary to achieve a 1 in 12 slope for
ramping.)
Mayor Thompson opened the public hearing.
John Yoeman, 107 Paradise Drive, expressed concerns about diesel fumes, soot,
and the location of the proposed dock being too close to the bedrooms (of some)
Bayside condominiums. His other concerns were the east/west placement of the dock
in open water, possible larger vessels if Red & White is sold, and degradation of
property values.
Mr. Yoeman stated that the homeowners would like to see more full-scale drawings
of the proposed dock and suggested that each Bayside homeowner be notified of
meetings and receive information directly, rather than relying on their association. He
also suggested that the Town look at the dock constructed by Pacific Marine Yachts in
San Francisco that was built to comply with ADA regulations because it seemed like a
good design. (Attorney Ewing said the same engineer had designed the proposed new
dock for Tiburon.) He also proposed raising the dock to require less angle in ramping.
John Schaller, 102 Paradise Drive, stated he thought the new dock would be an
imposing structure from Shoreline Park and would obstruct the view corridor for both
the public and the homeowners. He urged the Council to reject the new dock unless
there was a compelling need to build it.
Hearing returned to Council. Councilmember Nygren stated her preference to
have the dock totally within the Town's right of way to avoid having an easement and
making payments to Main Street Properties. (Attorney Ewing pointed out that to do this
would move the dock closer to Point Tiburon.) Council member Thayer said he was not
willing to renegotiate the easement payments to Zelinsky. Council member Ginalski said
he thought that any negotiations would be premature at this point. Mayor Thompson
agreed.
Attorney Ewing suggested to Council that he meet with the engineers and Red &
White Fleet in order to answer some of the questions raised by Council and the public,
and to return to Council with that information. Council directed him to proceed.
8. MAJOR CRIMES TASK FORCE (Adopt Revised JPA - Resolution). Town
Manager Kleinert and Police Chief Herley recommended adoption of the resolution and
execution of the new JPA which follows the recommendations of the Federal
Government's audit and the Civil Grand Jury. Council member Thayer made a motion,
seconded by Councilmember Wolf. All ayes were recorded.
10. FY95-96 TOWN BUDGET. Town Manager Kleinert gave an overview of the
TOWN COUNCIL MINUTES #1051
5/17/95
6
highlights of the upcoming year's budget, and stated that the budget was balanced. The
first budget hearing will be on May 31 (Operating Departments). The second budget
hearing was rescheduled from June 13 to Monday, June 12, to avoid a conflict with the
Parks and Open Space meeting.
I. COMMUNICATIONS
13. FIRE DEPARTMENT TRIATHALON PERMIT
14. HILLHA VEN PROPERTY OWNERS' ASSOC. MINUTES
Council duly noted.
15. MARIN ECONOMIC COMMITTEE. Mayor Thompson will return to Council
in June or July with representatives from the committee for brief presentation pertaining
to Tiburon.
16. CONFLICT OF INTEREST RULES AND REGULATIONS. Councilmember
Ginalski thought that the item was to be agendized for discussion and policymaking.
Council decided to follow State conflict of interest rules and agreed not to agendize.
17. NEW TOWN CENTER INFORMATIONAL MAILER. Town Manager
Kleinert gave a brief report on the cost of the first mailer and stated that a complaint
had been made to the County Clerk because the Town had sent out the mailer.
Attorney Ewing said it was increasingly difficult to keep the mailers impartial, and said
that case law stated the closer it is to an election, the more likely it is to be perceived
as advocacy. Council member Thayer stated that the Town had done mailers for
Measures M & I and no complaints had been filed. Council told Town Manager
Kleinert and Town Attorney Ewing to proceed with the second mailer.
Council adjourned to Closed Session at 11:35 p.m.
There being no further business before the Town Council, Mayor Thompson
adjourned the meeting at 12:00 a.m. to May 23, 1995, for an Adjourned Special Meeting
of the Planning Commission and Town Council regarding the Harroman Property.
MAYOR ANDREW THOMPSON
ATTEST:
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL MINUTES #1051
5/17/95
7
CALL TO ORDER
rk~lfl DRAFT
A/ftEfI/(J[IJ
TOWN COUNCIL AND PLANNING COMMISSION 0 -7-1)
MINUTES of- b -('-/-95
Mayor Thompson called the special joint meeting of the Town Council and Planning
Commission of the Town of Tiburon to order at 7:32 p.m., Tuesday, May 23, 1995 in
Council Chambers, 1101 Tiburon Blvd., Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Ginalski, Thayer, Thompson, Nygren
ABSENT:
Wolf
PRESENT: PLANNING COMMISSIONERS:
Greenberg, Siewert, Heckmann
ABSENT:
Perlmutter, Schrier
EX OFFICIO:
Town Manager Kleinert, Town Attorney Ewing,
Planning Director Anderson, Town Clerk Crane
B. PUBLIC OUESTIONS AND COMMENTS
Planning Commission Chair Greenberg expressed concern over a letter from the
Heggestad law firm, representing the owners of the Harroman property, stating that their
clients would not stipulate to a dismissal of their lawsuits and that they had filed an
appeal to contest the sale of the property. Town Attorney Ewing said that the matter
would be heard before Judge Panner (in Oregon) and hopefully be rejected. He
reiterated that the Town is under no obligation to complete the transaction until the
litigation is dismissed.
C. PUBLIC HEARING
1. MARINERO ESTATES (HARROMAN PROPERTY). Town Attorney Ewing
gave a brief report on the history and status of the offer by the Town and the Marin
County Open Space District to purchase the Harroman property. He outlined the
process of review and approval of the documents before the Council and Planning
Commission.
Mayor Thompson turned over the meeting to Planning Commission Chair
Greenberg.
TOWN COUNCIL/PLANNING COMMISSION MINUTES #1053 5/23/95 1
Chair Greenberg stated that the Planning Commission would first consider the
Precise Development Plan Amendment, including changes to the Mitigation Monitoring
Plan and EIR.
Planning Director Anderson gave the staff report detailing the changes to the
Precise Plan and staff's recommendation to adopt the Resolution approving the amended
plan.
Chair Greenberg opened the public hearing.
Nancy Knoble, 2 Malvino Court, Chair of the Last Chance Open Space Committee,
asked why a certain "notch" (Lot 13) was carved out for development. Attorney Ewing
responded that when some of the lots were deleted during the negotiations, Lot 13 was
selected for deletion because of substantial grading impacts.
Hearing returned to the Planning Commission.
Commissioner Heckmann said he thought the plan was comprehensive and well
thought through.
Chair Greenberg stated that the increase in house size from 4500 square feet to
5000 square feet would have a greater impact in her opinion, and was concerned about
setting a size precedent for future developments. She also wanted to delete the words
"potentially important" pertaining to subridges.
Marylyn Siewert noted the increase in house size but did not think it would affect
future developments.
Town Attorney Ewing agreed to add language stating that the square footage was
changed as part of the negotiations in order to reach a settlement.
The Commission discussed the possibility of restricting fencing and not having gates
across roadways in the development, but did not reach a consensus.
Commissioner Heckmann asked that a reference to "sidewall construction" be
clarified by adding the word "residential" to it.
Commissioner Siewert asked to change the wording to "relocate" when referring to
the reconveyance of the "seep" at the top of Lyford Drive downhill to Lot 1. Attorney
Ewing suggested finalizing the exact wording during the tentative map approval stage.
Commission also asked for a notation that the developer be responsible for road
repair if damage was done by placement of silt boxes on Vistazo West.
TOWN COUNCIL/PLANNING COMMISSION MINUTES #1053 5/23/95 2
Commissioner Siewert moved to ADOPT A RESOLUTION OF THE PLANNING
COMMISSION OF THE TOWN OF TIBURON RECOMMENDING APPROVAL OF
AN AMENDED MARINERO ESTATES PRECISE DEVELOPMENT PLAN AND
MITIGATION MONITORING PROGRAM TO THE TOWN COUNCIl.., incorporating
the changes discussed above.
Motion was seconded by Commissioner Heckmann.
All ayes were recorded.
Meeting was turned over to Town Council, who waived the staff report.
Councilmember Ginalski asked language should be made consistent between the
Precise Plan and Mitigation Monitoring program with respect to Impact A.I. Planning
Director Anderson explained that the language differed because one document was a
historical record, and suggested leaving it as such, while adding an explanatory note to
the text.
Councilmember Nygren asked that the reference to spiders in the written Staff
Report be clarified to indicate that they it was but one of many reasons the Town sought
to limit the size and sought changes to the development. Planning Director concurred
for the record.
Mayor Thompson opened and closed the public hearing.
Meeting returned to Council.
Council asked for language to be added to the Plan noting that guidelines for
fencing would be incorporated during the tentative map phase.
Councilmember Nygren Moved to ADOPT THE RESOLUTION SUPERSEDING
RESOLUTION 3027, and incorporating the Planning Commission and Council's
changes. Motion was withdrawn.
Ken Cohen, speaking for Applicant, said that most of the changes were acceptable
to him, but that he favored leaving the actual fencing designs to the Design Review
process. He also asked that the "and" be removed from the "and/or" language pertaining
to the relocation of the seep.
Commissioner Greenberg stated that gating was a Planning/Land Use issue, not
a Design Review decision.
John Collette, Receiver, speaking on behalf of the Applicant, suggested that the
fencing plan be withdrawn entirely and that Applicant would submit a new plan during
TOWN COUNCIL/PLANNING COMMISSION MINUTES #1053 5/23/95 3
the Tentative Map phase.
Councilmember Thayer and Mayor Thompson complimented Town staff on a
splendid and comprehensive job in preparing the documents.
Councilmember Nygren moved to ADOPT A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON SUPERSEDING RESOLUTION NO. 3027
AND APPROVING AN AMENDED MARINERO ESTATES PRECISE
DEVELOPMENT PLAN AND MITIGATION MONITORING PROGRAM FOR 14
LOTS AND APPROXIMATELY 103 ACRES OF LAND AT THE END OF LYFORD
DRIVE (HARROMAN PROPERTY, ASSESSOR PARCELS 58-200-20 & 21),
including changes introduced and agreed upon by Planning Commission and Town
Council (and more clearly delineated in Exhibit 1 of Resolution No. 95-09, attached
hereto as Addendum to May 23, 1995 Minutes)
Motion was seconded by Councilmember Thayer.
All ayes were recorded.
Meeting returned to Planning Commission for discussion of the Tentative
Subdivision Map.
Chair Greenberg opened and closed the public hearing.
Attorney Ewing asked to add the words "Marin County" to Open Space in
Paragraph 3B of the Resolution.
Commissioner Heckmann moved to ADOPT A RESOLUTION OF THE
TIBURON PLANNING COMMISSION APPROVING A TENTATIVE SUBDIVISION
MAP FOR THE DIVISION OF 102.84 ACRES OF LAND INTO TWO PARCELS AT
THE END OF LYFORD DRIVE (HARROMAN PROPERTY, ASSESSOR PARCELS
58-100.20 & 21).
Motion was seconded by Commissioner Siewert.
All ayes were recorded.
Meeting returned to Council for discussion of the Parcel Map.
Mayor Thompson opened and closed the public hearing.
Councilmember Thayer moved to ADOPT A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON APPROVING A PARCEL MAP FOR
THE MARINERO ESTATES PROJECT (HARROMAN PROPERTY) (ASSESSOR
TOWN COUNCIL/PLANNING COMMISSION MINUTES #1053 5/23/95 4
PARCEL NUMBERS 058-100-20 & 21).
Motion was seconded by Councilmember Nygren.
All ayes were recorded.
Meeting returned to Planning Commission for discussion of the Development
Agreement.
Attorney Ewing gave the staff report.
Chair Greenberg requested that adequate time be built into the Agreement for
Commissioners to review potential changes to plans.
Attorney Ewing and Applicants' representatives met at the Staff table to discuss
addition of appropriate language, and proposed adding the following: "Applicant shall
endeavor to submit any modifications as expeditiously as possible under the
circumstances."
Commission Siewert moved to RECOMMEND APPROVAL BY THE TOWN
COUNCIL OF THE ORDINANCE APPROVING THE DEVELOPMENT
AGREEMENT, including the proposed language above.
Commissioner Heckmann seconded the motion.
All ayes were recorded.
Meeting returned to Council.
Mayor Thompson opened and closed the public hearing.
Council member Ginalski made a motion to READ THE ORDINANCE BY TITLE
ONLY.
Councilmember Thayer seconded the motion.
Mayor Thompson read, "AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING A DEVELOPMENT AGREEMENT FOR THE
MARINERO ESTATES (HARROMAN) DEVELOPMENT.
ROLL CALL VOTE:
A YES: Nygren, Ginalski, Thayer, Thompson
NOES: NONE
ABSENT: Wolf
TOWN COUNCIL/PLANNING COMMISSION MINUTES #1053 5/23/95 5
Meeting returned to Council for discussion of the Settlement Agreement.
Councilmember Thayer made a motion TO ACCEPT THE STIPULATED
SElTLEMENT.
Council member Nygren seconded the motion.
All ayes were recorded.
Councilmember Nygren thanked Mr. Collette, Mr. Cohen, Attorney Ewing,
Council member Thayer and the Planning Commission for their work on the project.
Mayor Thompson thanked the Town staff.
D. ADJOURNMENT
Town Manager Kleinert suggested that the meeting be adjourned in memory of
Erwin Braff, who passed away on Monday.
There being no further business before the Town Council and Planning Commission
of the Town of Tiburon, Mayor Thompson adjourned the joint meeting at 10:12 p.m.,
to May 31, 1995 adjourned budget hearing.
MAYOR ANDREW THOMPSON
PLANNING COMMISSION CHAIR GREENBERG
ATTEST:
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL/PLANNING COMMISSION MINUTES #1053 5/23/95 6
.- .
~
(
(
EXHIBIT 1
Please refer to Town Council Resolution No. 3092, adopted May 23,
1995.
The only differences between Resolution No. 3092 and the
recommendation of the Planning Commission are as follows:
1. Drawing entitled "14-Lot Fenceable Areas Plan": The Planning
Commission recommended that the area of proposed fencing
across the private driveway leading to Lots 6-8 be deleted.
The Town Council deleted the entire Lyford Drive fencing plan
and its corresponding table from the approved 14-lot Fenceable
Areas Plan sheet.
2. Condition #21: The Town Council added a reqHirement (second
asterisk) that the Lyford Drive fencing plan referenced above
be prepared at the time of the Tentative Map.
3. Condition #21: The Town Council added a new asterisk entitled
"Guidelines for Fencing".
4. Condition #41(4): The Town Council added the words "as
required by Condition #21.".
5. Condition #41(5): The Town Council added the words "following
the discussion in the CC&R's of landscaping limitations as
required in Condition #21 of this Resolution.".
6. Condition #44: The Town Council inserted the words "in the
vicinity of Lot II" following the word "bunchgrass".
7. Condition #63, Mitigation Measure D.3.3: The Planning
Commission had inserted the word "and/" between the words "Lot
I," and "or". The Town Council deleted this insertion.
Tiburon Planning Commission
Resolution No. 95+09
5/23/95
3
(ADDENDUM TO HAY 23. 1995 MINTUES ifl053:
"
Ik~ A&. 2.
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON DENYING AN APPEAL AND AFFIRMING A DECISION
OF THE DESIGN REVIEW BOARD APPROVING SITE AND
ARCHITECTURAL PLANS FOR AN ADDITION TO 690 HILARY DRIVE
(KRABBENSCHMIDT OWNER' MCDONNELL APPELLANT)
WHEREAS, the Town of Tiburon received an application for site and architectural
plans for an addition to an existing single family residence at 690 Hilary Drive (John
Krabbenschmidt and Dawn O'Dell Krabbenschmidt, owners); and
WHEREAS, the Design Review Board ("DRB") held duly-noticed public hearings
on April 6 and Apri120, 1995, and approved the plans on April 20, 1995; and
WHEREAS, the owners of 687 Hilary Drive (Jocelyn and Edward McDonnell)
appealed the decision of the DRB in a timely manner; and
WHEREAS, the Town Council held a duly-noticed public hearing on the appeal
on June 7, 1995. Based on all testimony, review of all documents in the record and
personal site visits to both the McDonnell and Krabbenschmidt residences, the Council
denied the appeal unanimously.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of
Tiburon that:
1. The appeal of Jocelyn and Edward McDonnell is denied based on the
following findings:
a) The Krabbenschmidt's have made all reasonable efforts to preserve the
McDonnell's views as suggested in Goal 3, Principle 3 of the Tiburon Design Guidelines
for Hillside Dwellings. Specifically, the Krabbenschmidt's have lowered the height of
their addition from 14 feet to 11.5 feet. While the McDonnell's would like the height
lowered by another six inches, the Board and Council find that doing so is not practicable
given the constraints in constructing the addition.
b) Based on personal visits to the McDonnell residence and observing the story
poles on the Krabbenschmidt property, the loss of some water view from the McDonnell's
residence is not significant from any of the ceremonial rooms in the residence.
2. The decision of the DRB approving the site and architectural plans for the
addition to the single family residence at 690 Hilary Drive is affirmed subject to the
conditions imposed by the DRB.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on June 21, 1995, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
Town of Tiburon
ATTEST:
DIANE L. CRANE, TOWN CLERK
IkM ;Uo. 3
RESOLUTION NO. 9S-Cdraft)
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PARTIALLY
UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S DECISION NOT TO
EXTEND AN INTERIM CONDITIONAL USE PERMIT TO OPERATE A HAM RADIO
STATION WITH TWO EXISTING ANTENNAS AT 223 DIVISO STREET, AND
REMANDING THE PERMIT APPLICATION TO THE PLANNING COMMISSION FOR
FURTHER CONSIDERATION
CAP 59-131-07)
WHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
section ~ Findinqs.
A. The Town has received an application from Malcolm Misuraca
and victoria Briaent requesting a Conditional Use Permit to
install antennas for amateur radio operation at 223 Diviso
Street. Said application consists of File #19310.
B. The Planning commission held duly-noticed public hearings on
November 9, 1994, April 12, 1995, and April 26, 1995, and
has heard and considered testimony from interested persons.
A complete record of these proceedings is contained in File
#19310, maintained by the Town.
C. On November 9, 1994, the Planning commission adopted
Resolution 94-24 which allowed the applicant interim use of
a 31' high GAP Challenger antenna and an 11' high VHF
antenna which had been erected on the site without benefit
of a permit. The permit also allowed the applicant to erect
a proposed GAP Voyager antenna on a temporary basis in order
for the Planning commission to assess its visual impacts.
This interim permit was set to expire by its own terms on
April 15, 1995.
D.
On April 12, 1995, the Planning commission decided to allow
the interim permit granted by Resolution 94-24 to expire by
its own terms on April 15, 1995.
.
E. On April 24, 1995, the applicant filed an appeal of the
Planning commission's decision on April 12th to let the
interim permit expire without taking any affirmative action
to extend it.
TOWN COUNCIL RESOLUTION NO. 95-draft
6(1/95
1
F. The Planning Commission considered the matter for the third
and final time on April 26, 1995. The Planning Commission
found that the amendment of the application on April 12,
1995, requesting to erect a "dipole" antenna on a 30' mast
and a 31' high GAP Challenger antenna, was a substantial
change in the application not made at the behest of the
Town. The Commission found that this was in essence a "new"
project for which the applicant had not filed a new
application. The previous application for a GAP Voyager
antenna had been withdrawn by the applicant in his letter of
April 12, 1995.
G. On June 7, 1995, the Town Council considered the applicant's
appeal of the Planning Commission's actions. The Town
Council heard and considered testimony from interested
persons. A representative of the Planning commission asked
that a temporary use permit be granted to the applicant and
that the project be remanded back to the Planning commission
for further hearing.
H. The Town Council has found that the Planning commission's
actions resulted from limitations imposed by the Permit
streamlining Act, and not necessarily from the substantive
aspects of the proposal. The Planning commission has also
clearly indicated its desire to continue working with the
applicant on the project.
I. The Town has concluded that the interference problems
experienced by the Samgiss family are outside of the
jurisdiction or scope of review for the Planning Commission.
section ~ Approval.
NOW, THEREFORE BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby uphold in part the appeal of the
Planning commission's actions regarding Conditional Use Permit
Application #19310, and remands the matter back to the Planning
Commission for further consideration as follows:
1. An interim Conditional Use Permit is granted allowing the
temporary use of a 31 foot high GAP Challenger high
frequency vertical antenna and an 11' high Diamond X2200A
VHF-UHF vertical antenna, by amateur radio stations KC6VDR
and KC6VGU at 223 Diviso Street. The GAP Challenger antenna
shall be erected directly on the ground without any
additional mast elements.
TOWN COUNCIL RESOLUTION NO. 95-draff
6/7/95
2
2. This interim Conditional Use Permit also allows the
applicant to erect a "dipole" antenna consisting of a long
14 gauge wire, approximately 40 meters in length, in an
inverted "V" position supported by a mast, not to exceed 30
feet in height above grade, for consideration by the
Planning Commission. The purpose of this temporary
entitlement is to allow the applicant to evaluate the
transmission characteristics and visual impacts of various
dipole antenna configurations. The applicant is asked to
keep a photographic log of various antenna configurations to
provide the Planning commission with information regarding
aesthetic impacts.
The Town may reconsider the 30 foot height limit for the
dipole antenna if it is found to be inadequate to provide
the applicant with reasonable communications ability.
3. This interim permit shall expire on 8/14/95 unless an
extension of time is granted by the Planning Commission.
Upon expiration of the interim permit, the applicant shall
either dismantle all antennas on the site or secure Planning
Commission approval for the permanent use of the specific
antennas.
4. The Conditional Use Permit application for the permanent use
of a 30 foot high dipole antenna, a 31 foot high GAP
Challenger high frequency vertical antenna and an 11' high
Diamond X2200A VHF-UHF vertical antenna, is hereby remanded
to the Planning commission for further consideration. The
decision of the Planning commission will be final unless
appealed to the Town Council. No new application or
application fees shall be required.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town
Council on June 7, 1995 by the following vote:
AYES:
COUNCILMEMBERS:
Ginalski, Nygren, Thayer, Thompson,
Wolf
None
NOES:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE, TOWN CLERK
TOWN COUNCIL RESOLUTION NO. 95-draff
6/7/95
3
TOWN COUNCIl" STAFF REPORT
TO:
FROM:
SUBJECT
TOWN COUNCIL MEETING:
FINANCE DIRECTOR ITEM NO:
RESOLUTION ABANDONING TffiURON COMMUNITY FACILITIES
DISTRICT NO. 1994-1, BALLOT MEASURE M., JUNE 1994
JUNE 21,1995
if
Background:
This item is for adoption of a resolution which abandons Tiburon Community Facilities District
No. 1994-1, which was formed for the purpose of incurring bonded indebtedness for New Town
Center facilities, subject to two-thirds electoral approval of ballot Measure M. in June 1994. M.
This action is administrative, and requires Staff to file all necessary documentation with the
County Recorder to rescind Recording No. 94-000558, which will remove this item from title
reports concerning properties located within the Town ofTiburon.
Exbibits:
I. Draft Resolution
TOWN OF TffiURON, June 21, 1994, Abandon Tiburon CFD 1994-1
Page-l
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TmURON ABANDONING
TmURON COMMUNITY FACILITIES DISTRICT NO. 1994-1
WHICH WAS FORMED FOR THE PURPOSE OF INCURRING
BONDED INDEBTEDNESS CONTINGENT UPON ELECTORAL
APPROVAL OF MEASURE M., NEW TOWN CENTER.
WHEREAS, the Town Council of the Town of Tiburon, at the council meetings of
December 7, 1993 and January 10, 1994 previously adopted Resolutions 2981, 2985 and 2987
which established and defined Tiburon Community Facilities District No. 1994-1 for the purpose
of incurring bonded indebtedness for the construction of New Town Center facilities as
enumerated in Tiburon Ballot Measure M; and
WHEREAS, Tiburon Ballot Measure M required two-thirds (2/3rds) electoral approval to
incur bonded indebtedness for the purposes enumerated in Measure M; and,
WHEREAS, on June 7, 1994 an election was held for the purpose of deciding Measure
M;and,
WHEREAS, at the council meeting of July 7, 1994, the Town Council of the Town of
Tiburon, adopted Resolution No. 3035, which certified the results of the election, and further
stated that Measure M. failed due to lack ofa two-thirds (2/3rds) majority (Yes 1,290 53.4%, No
110646.6%),
NOW THEREFORE IT IS RESOLVED, that Tiburon Community Facilities District No.
1994-1 is dissolved or abandoned, and Staff is directed to provide the Office of the County
Recorder with all documentation required to remove or rescind Recording No 94-000558-
January 4, 1994 MlIP 3 ,Page ]00 of the Maps of Assessment and Community Facilities Districts
- in the Office of the County Recorder of the County of Marin.
PASSED AND ADOPTED, at as regujar meeting of the Town Council of the Town of
Tiburon on June 2], 1995, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
BY:
ANDREW THOMPSON, MAYOR
ATTEST:
DIANE L. CRANE
TOWN CLERK
TOWN OF TIBURON
STAFF REPORT
TO:
TOWN COUNCIL
JUNE 7, 1995
FROM:
TOWN MANAGER
ITEM NO. 5
SUBJECf: NEW TOWN FACILITIES PROGRAM
---------------------------..------------------------------------------------------------------------------------------------
BACKGROUND
Based upon the recent election results, the Town should now proceed with
establishing a design and construction program for a new Town administration and Council
chambers facility in downtown Tiburon and a new police facility at the intersection of Ned's
Way and Tiburon Boulevard. Likewise, a program for the disposition and development of
the Senior Housing site should be addressed at this time.
To initiate these programs and achieve the goals in a timely manner, it is essential
that the Town: 1) determine the initial and long-range tasks which must be undertaken,
2) establish Town staffs specific role and responsibilities, 3) appoint appropriate citizen's
for certain assigned tasks, 4) develop a preliminary project timeline and cost projection
analysis, 5) recognize the Town Council's role in the overall project planning and approval
process.
RECOMMENDATIONS
1. That Council direct the Town's professional, in-house management staff to actively
participate and assume a leadership role in the overall implementation process for the new
Town facilities.
Town Stafl"s Primary Tasks:
a) Establish & Maintain New Town Hall facilities timeline and cost projection
updates.
b) Identify critical public review process for the General Plan Amendment, Re-
zoning and CEQA requirements and Precise Development Plan leading to a
disposition/development agreement for senior housing site with the Town ofTiburon.
c) Assist Town Council with the negotiations for land/easement exchange between
RUSD and the Town.
d) Outline legal steps or process that Town will utilize to limit use of site for senior
housing, and define the terms "elderly" and "senior congregate" housing.
e) Administration of contracts.
2. That Council appoint a NEW TOWN HALL/CIVIC CENTER COMMITTEE
composed of the following individuals:
- Jim Wilson (Chair)
- Hal Edelstein
- Jim Levorsen
- Bruce Ross
- Evelyn Woo
Committee's Primary Tasks:
a) Develop a short list of architects for the new Town Hall and Police facilities and
refer to Town Council for final selection.
b) Review previous design/space and materials standards developed by previous New
Town Hall committees.
c) Review and refine current program requirements for the New Town Hall and
Police buildings.
d) Provide Town Council with final New Town Hall and Police building design
specification for review and approval.
3. That Council appoint a SENIOR HOUSING ADVISORY COMMITTEE
composed of the following individuals:
- Larry Smith (Chair)
- Hank Bruce
- Tom Gram
- Martin Mackey
- Paul Schrier
Committee's Primary Tasks:
a) Identify and recommend for Council's consideration the goals of disposition and
development of site for senior housing and design/build process.
b) Recommend for Council's consideration the process, steps, timeline and critical
objectives for dates of disposition and development of site.
c) Determine role of Town's Redevelopment Agency in assisting the project.
d) Prepare comparison of "For Sale Townhouse" and "Cooperative Housing" models
for consideration by Town Council.
e) Outline a process for a design/build competition for the senior housing project
based upon the following process:
. Define Project with Program
Outline Conditions of Design and Review
Process (Points System)
Identify Selected List of Qualified
Developers
. Send RFP to List of Developers
. Review List of Selected Developers and
Design Teams to Participate in Paid
Competition
. Coordinate Design & Submittal
Evaluation & Selection of Winning
Design/Development Team with
Recommendation to Council
f) Provide design review of project construction documents for conformance with
adopted goals and criteria.
4. It is intended that the two (2) citizen's Committees will "sunset" after the
completion of their assigned tasks. Neither committee will be involved in the contract
administration aspect of the new facilities or the senior housing site.
EXHIBITS
- Memorandum from Town Attorney & Planning Director to Town Manager, dated
June 15, 1995
TOWN OF TIBURON MEMORANDUM
To:
From:
Subject:
TOWN MANAGER
TOWN ATTORNEY AND PLANNING DIRECTOR
PROPOSED IMPLEMENTATION PLAN FOR TOWN HALL/POLICE
FACILITY/SENIORS HOUSING
June 16, 1995
Date:
On June 12, 1995, you directed us to begin work on a plan for implementing the Town Hall,
police facility and seniors housing approved by the voters in Measures J and K (referred to
hereafter as the "elements" of the plan). This memo addresses the planning, environmental and
legal steps necessary to put each of these elements in a position to begin construction.
For purposes of developing this implementation plan, we addressed each of the three elements
separately. We believe that this is appropriate from both a planning and legal perspective because
each element involves different issues and would be considered separate projects for purposes of
CEQA. However, it should be noted that some steps necessary to implement one element will
impact other elements. We also base our recommendations on the assumption that the two
committees which you are proposing (architectural and seniors housing) will be approved by the
Town Council and will begin working immediately. Finally, we have estimated the time necessary
for completion of each step. We believe that these are realistic goals but also note that achieving
them depends on a variety of factors.
1. Town Hall
We propose the following time line for the approval of a new Town Hall on the downtown site:
a) Appoint architectural committee to review site plan and make
recommendation on architect. It is our understanding that you are recommending that this
committee assist the Council in selecting the architect for the Town Hall with the intent of making
that selection in September 1995. However, our primary interest in this committee is their role in
site plan review which is addressed in the next paragraph. Estimated start date: 6/21/95
Estimated completion date: 9/95.
b) Approval of schematic site plan. We recommend that the architectural
committee, working with the Town Engineer and the architect for the library, meet as soon as
possible to develop a coordinated schematic site plan for the two buildings with the focus being
coordination of parking. The committee's recommendations would be presented to the Council
for approval by August 16, 1995. This is an important step because without a schematic site plan
the initial study required by CEQA cannot be completed. We also believe that early selection of
the schematic for the site will reduce the cost and time needed by the project architect. The
practical impact of this approval would be the equivalent of a building envelope. Estimated start
date: 6/21/95 Estimated completion date 8/16/95
7Jtj~h;1 h _
TjeM. JJ~. 6
TOWN MANAGER
Page 2
June 16, 1995
c) Adoption of ordinance regulating development review process. Our zoning
ordinance requires both a use permit and design review approval for all buildings in the P-zone.
We believe that the use permit requirement is unnecessary here because the use, hours, etc.
associated with a Town Hall are not readily subject to review and conditioning in this context.
We do believe that the normal design review process should be followed. Therefore, we
recommend that the Council adopt an ordinance (which would also apply to the police facility)
exempting the project from the use permit requirement, requiring design review approval by the
DRB and making the Town Council responsible for CEQA compliance. The Council may also
wish to exempt the project from the height and setback requirements applicable to the P-zone.
Estimated start date: 7/19/95 Estimated completion date: 8/2/95.
d) Obtaining clear title to property. There are two separate issues which must be
resolved in this step. The first is obtaining title to the property from the Zelinsky family. This will
likely hinge on the resolution of the pending litigation between Ed Zelinsky and Barbara Abrams
and the State of California. We are not a party to this litigation and therefore cannot control the
timing of this unless we are approached by the parties. The second issue involves the drainage
easement which Home Savings has over the property. We have received verbal agreement from
MetLife (owner of the Home Savings property) on a simple resolution of the problem. Once
these issues are resolved, we will need to approve either a parcel map or certificate of compliance
creating the new lot lines prior to the transfer of title. Estimated start date: 7/1/95 Estimated
completion date: 1/96.
e) Completion of initial study and CEQA compliance. Planning staff can begin
the initial study for the project once the Council approves the schematic site plan. We estimate
that this will take until the end of September. If a negative declaration is determined appropriate,
the draft can be circulated for comment during the month of October. If an EIR is required,
additional time will be required. In either event, the final document will be approved by the
Council at the same time as the general plan and zoning amendments described in the next
paragraph. Estimated start date: 8/17/95 Estimated completion date: 12/95 (assuming
negative declaration)
f) Approval of General Plan and Zoning Ordinance Amendments. Both the
general plan and zoning ordinance need to be amended to allow construction of a public building.
These amendments must be reviewed by the Planning Commission which makes recommendations
to the Town Council. Both amendments can be processed at the same time. We recommend that
the Commission review these two amendments (and the negative declaration or EIR) in
November with the Council reviewing and approving in December. Estimated start date: 11/95
Estimated completion date 12/95
2
TOWN MANAGER
Page 3
June 16, 1995
g) Preparation of Architectural Plans. Assuming that the Council, on the
recommendation of the committee, selects an architect in August or September, that architect can
work on the plans while the above steps are in process. Based on estimates for previous Town
Hall proposals, we estimate this will take five months. Estimated start date: 9/95 Estimated
completion date: 1/96
h) Design Review Board Approval. As discussed above, we recommend that the
DRB have full authority over the design of the building, landscaping, etc. The only limit on their
review would be the siting of the building which the Council would have already approved.
Estimated start date: 2/96 Estimated completion date: 3/96
2. Police Facility
We propose the following time line for approval of the new police facility at Ned's Way.
a) Approval of schematic site plan. As with the Town Hall element, we
recommend that the architectural committee, working with the Town Engineer, recommend a
schematic site plan for the police facility to the Council for approval by August 16, 1995. It is our
assumption that the plan already prepared by Eric Glass will be the starting point for discussion.
Once the schematic site plan is approved the initial study for CEQA can begin. Estimated start
date: 6/21/95 Estimated completion date 8/16/95
b) Adoption of ordinance regulating development review process. As discussed
above, our zoning ordinance requires both a use permit and design review approval for all
buildings in the P-zone. For the same reasons as discussed above, we believe that the use permit
requirement is unnecessary but that the normal design review process should be followed. The
ordinance would contain one provision addressing the police facility differently. We recommend
that the CEQA work for Town Hall be tied into the general plan and zoning amendments
necessary for that project. Because the only discretionary approval needed for the police facility
is design review, we recommend that the DRB adopt the negative declaration, which we believe
will be the environmental document necessary for this element. Estimated start date: 7/19/95
Estimated completion date: 8/2/95.
c) Complete initial study and approve negative declaration. As with Town Hall,
planning staff can begin the initial study once a schematic site plan is completed. The initial study
should be completed by the end of September. If a negative declaration is found to be appropriate
it will be circulated for comment during the month of October. The negative declaration would
be approved by the DRB whenever they consider the design of the facility. Estimated start
date: 8/17/95 Estimated completion date: 10/31/95 (actual adoption of negative declaration
will occur later).
3
TOWN MANAGER
Page 4
June 16, 1995
d) Clear title to property. The proposed location of the police facility is on property
subject to the school district's playground easement. We recommend that the district be
contacted as soon as possible to begin discussions about the release of this easement. Estimated
start date: 7/95 Estimated completion date: 10/95
e) Design Review Board Approval. As with the Town Hall, we recommend that
the DRB exercise their normal review with the limited exception that the schematic site plan will
have already been approved by the Council. We are not estimating a start or completion date for
this step because we believe that the timing of proceeding any further with this step is a policy
decision for the Council to make based on funds available and progress on the seniors housing
element.
3. Seniors Housing
We propose the two following alternative time lines for the review and approval of a senior
housing project at Ned's Way.
Option 1
a) Develop and Approve Program Parameters. Measure K did not establish any
specific parameters for the seniors housing project element of the overall plan. Bruce Ross
presented one possible scenario to the Council but there could be many others. We recommend
that the seniors housing committee develop parameters for the project and a process for selecting
the developer. Examples of parameters include a maximum number of units, a maximum number
of total square feet, whether the parking should be underground, whether access should be taken
from Ned's Way, etc. The parameters can be as general or as specific as the Council desires.
The committee's recommendations would then go to the Council for approval. This approval
would not be binding because it would be subject to subsequent CEQA review. We believe that
setting parameters will serve two useful functions: first, it will give the community some idea of
what the project might be and second, it will serve as the basis for soliciting developers.
Estimated start date: 6/21/95 Estimated completion date: 10/95
b) Request proposals from Developers. With the project parameters established,
we recommend that the Town send out Requests for Proposal ("RFP's") to selected developers
with experience in this type of housing project. The RFP would contain the parameters approved
by the Council and also the process by which the Council will select the project developer. Some
cities establish the selection process to award points for design quality, price, etc. The Council
can establish their priorities on what weight various selection criteria should be given. Developers
would then submit proposals within the established parameters of the project. The Council will
4
TOWN MANAGER
Page 5
June 16, 1995
then select a developer (not a specific project) based on the results of the competition. This is a
method commonly used by both towns and school districts selling property for development.
Estimated start date: 10/95 Estimated completion date: 12/95
c) Negotiate Development and Disposition Agreement. Once a developer has
been selected through the RFP process, the Town would negotiate an agreement which sets forth
the purchase price, obligations of the developer (such as on- and off-site improvements),
contingencies and any other terms of the deal. Estimated start date: 12/95 Estimated
completion date: 2/96
d) Review and Approval of General Plan and Zoning Amendments, Precise
Development Plan, Parcel Map and cEQA. In this option, we recommend that the developer
assume responsibility for obtaining all necessary approvals for the project. We recommend this
option for two primary reasons. First, it is the procedure used for projects on private property
requiring general plan amendments and was also used for the Cecilia Place project. Second, we
believe that it allows for a more efficient and complete environmental review under CEQA
because all potential environmental impact can be studied at one time in a comprehensive manner.
It should be noted that the parcel map is necessary to split off the seniors project from the
remainder of the Town's property and that the general plan and zoning amendments are required
only for that new parcel. Estimated start date: 2/96 Estimated completion date 7/96
Option 2
a) Develop and Approve Program Parameters. This is identical to Option I, step
a.
b) Town Approves Parcel Map, General Plan and Zoning Amendments and
cEQA for this phase. In this option, the Town can create the new parcel and make the
necessary amendments to the general plan and zoning ordinance. In this option, CEQA is
required at this point and would be limited to the potential environmental impacts of the approved
parameters and the general plan and zoning ordinance change in use type. This may have the
benefit of giving the community, and perhaps potential developers, some assurances as to the
impacts of the project. However, it does lead to a split in environmental review because further
review would be needed at the time of the precise plan. Estimated start date: 10/95 Estimated
completion date: 2/95
c) Request proposals from developers. This is identical to Option 1, step b.
d) Negotiate Development and Disposition Agreement. This is identical to Option
5
TOWN MANAGER
Page 6
June 16, 1995
1, step c.
e) Review and Approval of Precise Development Plan and cEQA. In this option,
the developer would only be required to submit the precise development plan along with any
further CEQA documentation necessary.
This memo should be viewed as an outline of the basic steps necessary to implement Measures J
and K. There are obviously many details which are not addressed here. We are available to
answer any questions you and/or the Council may have about our recommendations.
~O~~~
Scott Anderson
'12c{le?r/J.~:
Robert BVE~ing 0-
6
TOWN OF TIBURON
MEMORANDUM
TO: TOWN COUNCIL
FROM:
TOWN MANAGER
ITEM NO: 6
SUBJECT: BLACKIE'S PASTURE MARSH PLAN (REVISED)
.-----------------------------------------------------------------------------------------------------
BACKGROUND
In November, 1994, the Town Council authorized Philip Williams &
Associates to prepare an alternative or revised Marsh Restoration Plan for
consideration by the Town which would address certain concerns and
requirements as outlined by the Town Council.
Several alternative plans were prepared and considered by Philip
Williams & Associates before they settled upon a revised Salt Marsh
Restoration Plan which essentially provides for the following:
1) A marsh design which retains the size and functionality similar to
their original 1991 plan;
2) Movement of the original 1991 marsh southward in Blackie's Pasture
with careful reshaping;
3) Preserves Blackie's grave in its present location;
4) Retains proposed overflow parking area;
5) Provides for excavated material to remain on site (between Tiburon
Boulevard and the old Railroad Trestle berm);
6) A revised marsh plan that complements and coexists with the
Blackie's Brigade Improvement Program;
7) Estimated project cost: $45,000 - $75,000.
The Parks and Open Space Commission conducted a public hearing at
their June 13 regular meeting to consider the revised Salt Marsh plan. The
Commission unanimously approved the revised Philip Williams Marsh Plan
and recommended that it be forwarded to the Town Council for consideration
and approval.
RECOMMENDATION
1) That the Town Council receive and consider additional public
comment concerning the revised Salt Marsh plan, and
2) That Council support the proposed revised Marsh Plan as prepared
by Philip Williams & Associates and endorsed by both the Parks and Open
Space Commission and the Marin Audubon Society.
Such approval should be subject to the following:
a) That all site preparation and implementation costs shall be borne
by the Marin Audubon Society;
b) That future maintenance costs of the Marsh area, which should be
minimal, are identified and considered by the Town prior to project
implementation;
c) That the Blackie's Brigade parking lot improvements are installed
prior to the Marsh installation to avoid any buffer zone issues;
d) That the proposed Blackie's Pasture improvements, the Salt Marsh
Restoration Program and the proposed Greenwood Beach Road
drainage improvement project are coordinated to avoid any present or
future problems;
e) That the Audubon Society coordinate its improvement program,
especially the moving of excavated materials, with the Town's Public
Works Department to avoid possible damage to the Town's public
pathway system;
f) Determine what type of signage the Audubon Society will require
after the project completion.
EXHIBITS
1. Report and Recommendation from Philip Williams & Associates to
Marin Audubon Society, dated May 4, 1995.
2. Revised Topo and Salt Marsh Restoration Plan, Philip Williams &
Associates, dated April, 1995.
3. Memo from POSC Staff Liaison to Town Manager, dated June 15,
1995.
4. Memo from Planning Director to POSC Staff, dated June 9, 1995.
5. Letters to POSC and Town Council in support of Revised Salt Marsh
Restoration Plan.
6. Letter from Richard Hill to Town Council in opposition to Proposed
Salt Marsh, dated June 16, 1995.
R.L. Kleinert
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Philip W1Ulams & ANoclat., Ltd.
ConsWIanlS In Hydrology
PIer 35, The Embarcadero
San Franctseo. CA 94133
Phone: (415) 981-8363
Fax: (415) 981-5021
May 4, 1995
(#1023)
Barbra Salzman
Marin Audubon Society
48 Ardmore
Larkspur, CA 94939
Dear Ms. Salzman:
Enclosed please find the following materials regarding the salt marsh restoration plan at Blackie's
I'asture.
· Item I: Topographic map showing the new proposed salt marsh retaining the existing
location of Blackie's grave, the required parking area, and the proposed relocation of
excavated material.
· Item 2: Typical cross-section detail showing the different ecosystem locations along the
edges of the marsh.
The marsh design is very similar to our original Blackie's Pasture Development Plan of 1991,
modified to address the conccms regarding the location of Black ie's grave and the need for adequate
overflow parking. For this study we focused only on The relocation of the marsh and the resulting
excavated material and not on the upland areas as covered in our 1991 report. By comparing this
design to the 199] development map, one can see that the salt marsh has been moved and reshaped,
retaining the original size and functionality of our previous plan while addressing the above-
mentioned issues,
1bere are several constraints I considered in this design that you should be aware of. These include
the functional shape of the marsh, the economic cost of moving material, the economic cost of
relocating the bike path, drainage of potentially polluted parking areas and aesthetic values.
I considered four different relocation plans for this project before settleing on the fourth alternative:
.
Alternative I; Moving area up the drainage channel with an island for Blackie's grave
Alternative 2; Moving area up the drainage channel with a peninsula for Blackie's grave
Altemath'e 3; Moving area eastward and relocating the bike path
Alternative 4; Moving area southward and landscaping for maximum overflow parking
.
.
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PhWp WUllaml & AlIOclatel. Ltd.
ConsulIanlS In Hydrology
PIer 35, The Embarcadero
San Francisco, CA 94133
Phone: (415) 981-8363
Fax: (415) 981-5021
ALTERNATIVE 1
The first option provided the opportunity to maximize the area near Greenwood Beach Road and
place BJackie's grave on a visually striking location, the top of an island. This alternative posed two
basic problems. The first is the amount of area that an island would require. In order to create an
island that will not erode away it is necessary to slope the sides at a shallow grade. Since the island
would have an elevation that is 4 feet above the marsh plain, and 8 feet above the adjacent channels
there would need to be a 12-foot band of high marsh slope, and a 16-foot band oflow marsh slope
surrounding the island. 1bis additional slope would take away from the available area for both the
salt marsh and the upland areas. Secondly, the shape of an ecosystem is very influential on the
ability of that ecosystem to function well. For a salt marsh such as this, rounder and wider is better
than longer or narrower. Rounder shapes allow the tides to bring in sediment and flush detritus
efficiently as well as provide a space buffer between wildlife and human influence. By placing an
island in such a small area as this, I would have needed to make two narrow channels that would
restrict flow into the area upstream of Blackie's grave, and I would have created two separate
marshes connected by two small corridors.
AL TERNA TlVE 2
The second option, moving the area upstream v.ith Blackie's grave as a peninsula provided a similar
set of problems. By leaving the narrow cbarmel between the peninsula and the bike path I would still
be creating two separate marshes connected by a corridor and I would only gain the area lost in the
side slope of the island option.
AL TERNA TlVE 3
Moving the marsh east is the third option. This a1ternativc gains the advantage of retaining some
upland area adjacent to Greenwood Beach Road while retaining an ecologically advantageous shape
to the salt marsh. lbe disadvantage is economics and, in my opinion, aesthetics.
The relocation of the bike path contains its own constraints. The curve from the path descending the
side of the railroad grade must maintain an even or decreasing radius so as not to surprise anyone
descending that path on wheels (legally or not). The path can only get so close to the edge of the hill,
and it should make a reasonable intersection with the main bike path. My preliminary calculations
indicated that, by moving the bike path, I could gain no more than one quarter of one acre of upland
on the west side of the project. This would be good ifthe cost was not so prohibitive. To gain a
perspective on the economic cost of relocating the pavement of the bike path 1 used estimates that
a contractor provided our firm for a similar project that we are currently working on. I estimated that
360 feet of ten foot wide bike path, would need to be removed and recycled at . cost of $0.26 per
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Consultanlllln Hydrology
PIer 35, The Embarcadero
San Franclsco, CA 94133
Phone: (415) 981-8363
Fax: (415) 981-6021
square foot. Three hundred feet of new bike path, ten feet wide would then need to be repaved at
a cost of$2.00 per square foot. Hence, to gain one quarter of an acre on the west side of the marsh
would cost an additional $6,900 in paving costs alone. Additional costs for this option include the
grading for the new path, relocation of the exercise station, and the higher elevation of this area
requiring the removal of additional material.
Aesthetically, my personal visit to this site provided me with some ideas on why this park is so
popular and pleasant and how my salt marsh design could use the natural components of the park
to enhance both the marsh and the park itself. The area between the existing bike path and the hill
connects the plateau on the railroad trestle with the bay side park and will make a very nice, small
field when the landscaping is finished. Its only drawback is that it is currently only 50 feet or so
from the parking lot and is not landscaped. This gives the area the feel of being part of the parking
lot and not part of the park. Transferring this area would add its own benefits to the east side of the
site but would bring the parking lot closer to the park by extending the parking along Greenwood
Beach Road. I will discuss aesthetics further in my discussion of the last and preferred alternative.
AL TERNA T1VE 4
The fourth alternative is shown on the enclosed map. I will describe the logic behind its design as
I lead though a tour of the site. I will start with the parking area and progress trough the park, ending
where the material excavated from the new salt marsh will create a new, elevated field.
To maximize open, level, space that is suitable tor overtlow parking, the area around the proposed
gravel lot has been leveled and gently sloped toward a new drainage swale. By draining this area
into a swale instead of a culvert, oil and debris can be filtered naturally by the vegetation in the
swale, reducing the volume of pollutants that enter the bay. This area comprises one and one third
acres of potential parking 'With approximately four tenths of one acre comprising tbe gravel Jot and
about nine tenths of one acre of open field. This overtlow area can be landscaped with grass as a play
field or left fallow depending on the needs of the city.
In this alternative Blackie's grave would reside on a peninsula connected to the overflow area,
separated from the street and centrally located to the open space at this end of the park. The grave
and its placard now act more like a monument to the park by drawing attention to the tip of the
peninsula.
From the parking lot tbere is space rese!Ved on the east side of the marsh for an ofi~street path
allowing the many families with children who use the park to get from the car to the park without
negotiating a street. This feature is probably one ofthe reasons that entering the p!U'k from this end
is currently so popular.
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PhIUp WIlliams & Aseoclates, Ltd.
Consu1tants In Hydrology
Pier 35, The Embarcadero
San Franclsco, CA 94133
Phone: (415) 981.8363
Fax: (415) 981.5021
As visitors leave this path they are greeted by a naturaJ gateway . to the park made by the bridge. At
this point, people get the feeling of entering the park and leaving behind the street. I find that I am
in agreement with whom ever chose tbe location of the parking areas. Leave the cars by the street,
separate the street from the park and put the park by the bay. This separation, and the gateway
created by the bridge, help those that use the park feel that they have clearly left the street behind
and are now distinctly in the park. The placement of a salt marsh between the street and the park
will help to define that boundary by creating an attractive yet impassable area.
After stepping off the bridge visitors are greeted by green fields on either side of the path and an
intersecting path that leads up onto a terrace. This point is a natural entrance way to the park.
Retaining fields on both sides of the path provides the perfect setting for the infonnation and ticket
sales booths usually found at tbe entrance to a city sponsored event. This was designed well by the
original planner, so I left it alone.
When I visited the site to look at the layout of the salt marsh, I went up onto the old railroad trestle
to get a better view of the area. I found both a spectacular overlook and an lUlder-used and neglected
area due to its small size and lack of landscaping. Further study of previous plans gave rise to the
idea ofpJacing any extra material into the valley created by the railroad right of way and Tiburon
Boulevard, expanding the usable flat area into a field on a terrace. Not only would this create a
more usable sporting field, but the panoramic overview of the salt marsh, the park and the bay will
also create an attractive picnic site.
TECHNICAL ISSUES
,,"ow that 1 have discussed the logic for my design, let me describe some of the specific technical
issues that arise from my plan.
To create this marsh it is necessary to move approximately 7,500 cubic yards of material from the
marsh basin to the area between the old railroad grade and Tiburon Bou]evard. This amount of
material may vary due to the unknown condition of the existing fill or the uncertainty of whether
additional material has been added since the date of the 1992 map survey. The area between the old
railroad grade and Tiburon Boulevard is currently used as a dumping spot for unwanted clean fill
and is more than adequate in size to contain any extra material from this project. By placing
excavated material in this area, new usable open space is created, forming an elevated field
overlooking the salt marsh and the bay. This location also ensures that all fill materials will remain
on site.
Because of the uncertainty of the character of the existing fill, it may be necessary for the contractor
to sort the material into two categories: material that is suitable for the gravel parking lot and
material to be placed in the area between the old railroad grade and Tiburon Boulevard. ]n addition,
,oB' 1~\llYi L iRI.ef'bJ\\wp&:\~~.9S
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EnvirOMneltt.1 Hvdrolosj,l Enginnrins HydrMtJic. Sed..,...nt HydrauliCl Water Re.ource.
Printed 0:1 RecycNd P~per
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PIer 35, The Embll1'Cadero
San Francisco, CA 94133
Phone: (415) 981-8363
Fax: (415) 981-5021
six inches of suitable topsoil for wetland plant growth is prescribed for the surface area between the
one foot and six foot contours.
PhIlIp WIUlams & As8odatell. Ltd.
Consultants In Hyclrology
Channel width for the proposed main channel remains the same as that of the existing channel, at
20 feel wide with a bottom elevation of zero feet NGVD (National Geodetic Vertical Dalum).
Secondary channels are ten feet wide with a bottom elevation of zero feet NO V V. The slope of the
sides of the low flow channels is 2: I as they rise from the zero to the one foot contour line. From
one 10 four feet NGVD the marsh surface retains the lowesl practical slope possible to aid in the
establishment of vegetation and the evolution of natural micro-channels. Between the four and six
foot contour a 10:1 slope is used for stabilization of the upper marsh area. Above the six foot
contour 5:1 slopes are used when possible, never exceeding a maximum slope of2:1.
CONCLUSIONS
After careful study [conclude that adequate parking, open space and the preservation of Blackie's
grave can be achieved by moving the salt marsh as proposed in our 1991 study southward with
careful reshaping. This relocation will relain all of the goals set fOM in the original study without
adding significantly 10 the original COSt estimate. This plan also adds the additional benefit of a new
elevated field, further contributing to the usable open space of the park.
Yours sincerely,
~:-
-
-----..............
Erich Rienecker
Hydrographer
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Env.ron...ntal HydrolOSIo' EngiMerlng Hydraulic. Sediment Hydraulic. W.ter RellOurcu
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MEMORANDUM
TO:
TOWN MANAGER
JUNE 15, 1995
FROM:
POSC LIAISON
SUBJECT:
REVISED PHILLIP WILLIAMS MARSH PLAN
BACKGROUND
In November 1994 a joint meeting of members from Blackie's Brigade, Parks & Open Space
Commission, Audubon Society and the Environmental Forum met with Councilmember Ginalski
where they discussed Blackie's Pasture, the Brigade Program, and the desire to incorporate a salt
marsh in the Blackie's Pasture Plan. The Audubon Society expressed its desire to work with
Blackie's Brigade and to seek a revised marsh plan that could co-exist with the Brigade's Plans.
At their regular council meeting of November 16, 1994, Council authorized a $3,500 expenditure
for Phillip Williams to prepare alternative marsh plans that would incorporate various criteria,
and that would allow a marsh and pasture.
The Parks & Open Space Commission, at their regular meeting of June 13, 1995, held a duly
publicized Public Hearing on the revised Phillip Williams marsh plan. The revised plan
considered by the POSC (See Exhibit I), preserves Blackie's Grave, retains a large area for
parking, and has the same habitat value of the 1991 Phillip Williams marsh plan. All excavated
materials will remain on site and be used to fill the area between Tiburon Blvd. and the railroad
trestle. This fill will create an additional park area and overlook to the marsh. Phillip Williams
expressed concern with the proposed underground drainage proposed in the Brigade Plan and
recommended an above-ground drainage system which would filter run-off through the slough
prior to reaching the Bay. It was noted that this above ground drainage would present a cost
savings to the Brigade.
Barbara Salzman estimated the marsh project would cost $45,000-75,000, depending on what
other kinds of specifications were built into the project. Ms. Salzman reported the Audubon
Society has extensive background in restoring marshes, none of which cost any jurisdiction
money. Funding for this marsh would be through grants sought by the Audubon Society.
ANALYSIS
The revised plan was reviewed by the Town Engineer and Planning Director. The Town
Engineer had no concerns with the plan, but noted the Brigade's overflow, grass parking area
will have to be reconfigured to fit in the pasture area left on the revised marsh plan.
The Planning Director had two comments in regard to the plan (See Exhibit 2), which Barbara
Salzman indicated were not a problem to mitigate.
RECOMMENDATION
After consideration of all public testimony, a majority of which supported the revised marsh
plan, the Commission unanimously accepted the revised Phillip Williams plan and recommended ..
approval of the plan by the Town Council. Chairman Snow abstained from any discussion and
vote due to the proximity of his residence to the Pasture.
Respectfully submitted,
Heidi McVeigh, Secretary
Parks & Open Space Commission
EXHIBITS
I. Revised Phillip William Marsh Plan and Commentary, dt'd May 4, 1995
TOWN OF TlBURON
11.5.5 TIBURON BOULEVARD 4 TlBURON . CAUFORNIA 94920 . (415)435-7373
FAX (415) 435-'2438
TO: HEIDI MCVEIGH
FROM: SCOTT ANDERSON, PLANNING DIRECTOR~
SUBJECT: BLACKIE'S PASTURE REVISED MARSH PLAN
DATE: 6/9/95
Planning Department Staff has been able to briefly review the new
topographic overlay which you prepared, representing the revised
Marsh Plan. The standing water and marshplain areas have been
reoriented to avoid Blackie's assumed grave.
Staff's primary concern is the creation of a new area subject to
tidal action which does not appear on earlier plans. This area
is located adjacent to the pedestrian footbridge near the Tiburon
Boulevard/Trestle Glen curve. This area has the potential to
greatly expand Bene jurisdiction in Blackie's Pasture, including
into the overflow (gravel) parking lot. The Bene jurisdiction
line is anywhere within 100 feet of the line of highest mean
tide. This is probably somewhere between +5 MSL and +6 MSL
contour lines as shown on your drawing.
The pose should seek the reasons why this new tidal area has been
included in the latest plan, and determine whether it is
justified.
The major spoils deposition area appears to be in the trough
between the trestle mound and Tiburon Boulevard. This is not
new; however, more detail is provided on this latest plan as to
the finished contour lines being proposed. From this drawing, it
is certain that wetlands near the nose of the berm will be
filled, and that a permit will be required from the Army eorps of
Engineers.
.-
June 10.1995
Parks and Open Space Commission
1155 Tiburon Blvd.
Tiburon, CA 94920
Dear Commission Members,
We are responding to the revised salt marsh restoration plan at Blackie's Pasture as
concerned Marin County residents and volunteers with an educational tide pool program
which is conducted within walking distance from Blackie's Pasture. We are long time
volunteers with the exciting Bay Shore Studies Program at Richardson Bay Audubon
Center located at 376 Greenwood Beach Road. Many of the 4th through 8th grade
classes which have come from Marin County, San Francisco, Petalunta, Kenwood, Santa
Rosa, Berkeley and Oakland, have visited Blackie's Pasture before or after their scheduled
tidepool walk.
The children are the future protectors of our fragile wetlands. Although this proposed
marsh is very small, it is very important. It will provide an opportunity for these future
caretakers to see the value and beauty of a natural marsh and learn about its important
relationship to the estuary. Tiburon residents will also be able to enjoy the marsh and feel
proud of its creation and how it may be used and enjoyed by others. The benefits such as
providing wildlife habitat, and flood and pollution contro~ will be added bonuses!
We strongly recommend a marsh restoration plan that will provide as large a marsh as
possible. We recommend that the commission endorse the latest Philip William's
alternative marsh restoration plan which provides adequate overflow parking, and retains
Blackie's grave. It also will change an area that has been used as a dumping spot into a
new public park area. This revised plan could satisfy many concerns.
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Thank you,
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Nancy Dempster, 55 Cornelia Ave., Mill Valley - 94941
Judy Porteus, 16 Seadrift Landing, Tiburon - 94920
Lori Belton, 35 Bellevue, Belverdere - 94920
Joan Heydorn, 40 Geldert Drive, Tibnron - 94920
111eresa Dooley, 17 Azalea Drive, Mill Valley - 94941
Lib Hamstra, 65 Bryn Mawr Drive, San Rafael - 9490 I
Sue Markusfeld. P.O.Box 519, Woodacre - 94973
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I raining CoorOlnator
Bay Shore Studies Program
Parks ano Upen Space Commission
1155 Ilburon I:SIVd.
frburon, Callt. !:j4~20
June 12, 1990
Dear Members OT me ParKS and Open Space CommiSSion,
I have tOllowed with great interest your discussion of a restored marsn area at
BlacKie S t-'asture. I am a memoer ot a dediCated ail-volunteer group wnrcn Tor twenty
years has paired small groups at elementary Schoolcnilaren with enVIronmentallY
concerned docents tor a two nour study tour of me Rlcnarason t:lay AUduoon Society
bayline just down the road Trom BlacKles Pasture. We are one ot tne oldest t:lay Area
groups taking children out and one of the only educational excursions avallaOle to
elementary school teacners whose CUrriculum includes a unit on tne particular
environment near wnlCh they live: the San Francisco Bay and Estuary.
Many of me Children we serve come long distances (petaluma, Sonoma,
Oakland. San Francisco. etc.) and often. before one of our afternoon tours or atter a
morning tour, they have lunch at Blackle's Pasture. It would add an important "isua!
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the seemingly endless marsnes which once surrounded our Bay. Cordgrass IS one of
the most productive plants in the world and detritus from it was until recently the major
part of the bayshore food chain supporting this once rich estuary. Even a a token
maish viill add anothei dimension of iaality to v;hat Vie teach the childiaii on the_
nearby shoreline.
I understand that tnere nave been concerns about estnetlcs and Odor. I he
smell associated With so many 8aysnore marshes wnen I was growing up around here
was not salt marsn but Improperly treated sewage. And Tor sheer beauty, I WOUld
argue With any landscaper tnat the rough velvet ot tne plckleweed marsn across tne
Bay In t::meryville along ~l:lO is unsurpassed.
I fervently hope that you adopt Mann Audubon Society s alternative marsh
restoration plan and give over the largest pOSSible area to a real recreation 01 a typical
baysnore salt marsh. t::ven lIltS ecological value IS nil because 01 ItS small Size, ItS
location at tJlacKle s pasture Will be an education Tor tnose who see It, as to wnat tne
Bay s environment once was.
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RICHARD C. HILL
4655 Paradise Drive
Tiburon, CA 94920
(415) 435-2758
FAX (415) 435-3925
June 16, 1995
Town Council
Town of Tiburon
1155 Tiburon Blvd.
Tiburon, CA 94920
Re: Proposed Salt-marsh at Blackie's Pasture
Dear Council Members,
I will be unable to attend the June 21 meeting of the Town Council, and therefore submit
this letter for your consideration.
As you know, I have been very interested in the development of Blackie's Pasture for
a number of years. I believe that a man-made salt-marsh should not be constructed in
Blackie's Pasture at this time. The issue is not being "for" or "against" salt-marshes;
most of us are "for" more salt-marshes, when located appropriately. I have summarized
below my reasons for not putting a salt-marsh in Blackie's Pasture.
1. A natural salt-marsh is developina on the Bav side of Blackie's Pasture.
When you look bayward from the Brunini Way bridge, you will see a beautiful salt-marsh
being developed in the Bay. (See enclosed photos.) This salt-marsh is large, natural,
inevitable, and cost free. We are going to have a natural salt-marsh in the bay; do we
really need a second, man-made salt-marsh in Blackie's Pasture?
The formation of this natural salt-marsh will have an effect on the proposed man-made
salt-marsh. As the natural salt-marsh continues to fill in, it will impede the flow of water
under the bridge to the man-made salt-marsh. In the winter there would be ample rain
run-off to provide the scouring effect needed to keep the entrance to the marsh open.
But in the summer, the tidal action to the man-made salt-marsh will become sluggish and
subdued, and may at times be blocked completely by the natural salt-marsh. In a few
years we may find that the man-made salt-marsh does not work due to the natural salt-
marsh blocking its entrance.
2. The salt-marsh as an ecoloaical teachina tool.
Proponents of the Blackie's Pasture salt-marsh often cite its usefulness as a tool to
teach children about the environment. Such education is of course important. The
proponents talk as though there were no other salt-marshes in Marin for this purpose.
Actually, we all know there are numerous larger marshes nearby, such as the one being
developed at Blackie's Pasture, as described in paragraph 1 above; in Mill Valley near
McDonalds; in Corte Madera north of Nordstroms; near the Greenbrae Boardwalk; near
Redwood High School, etc. The point is that there are ample existing salt-marshes to
fulfill every educational purpose.
There are other alternative opportunities to develop an additional local salt-marsh. The
residents of Greenwood Beach Road are proposing a cut through the "meadow" area on
the west end of Blackie's Pasture, near Bruce Abbott's house, to correct a drainage
problem. (This will be presented to POSC at its next meeting.) I do not believe there
would be any objection to the development of a salt marsh in that area. This location
has the favorable attributes of being close to Blackie's Pasture for those who wish to
view it, yet being naturally "buffered" from civilization by being out of the main traffic
pattern .
3. A man-made salt-marsh would be an uneconomic use of environmental funds.
Compared to other salt-marsh projects, the Blackie's Pasture salt-marsh would indeed
be very small, and would have a very small environmental effect. I estimate the increase
in marsh area is under 2 acres. Barbara Saltzman estimated the cost of excavation
between $45,000 and $75,000. Using a mid-figure of $60,000, and assuming a salt-
marsh of 2 acres, the cost is $30,000 per acre. The Independent Journal describes a
restoration project near Sears point restoring 350 acres of salt-marsh; estimated cost
$400,000 to $500,000. Based on the higher cost estimate, this project costs only $1,430
per acre.
Conscientious environmentalists should be interested in getting the most out of scarce
funds allocated for environmental projects. Clearly, Blackie's salt-marsh will not give the
"most bang for the buck."
4. Is the Town Council willinq to allocate the necessarv funds and manpower to finish
the iob?
The Audubon Society has generously offered to seek funds to excavate the salt-marsh,
but does not plan to furnish any park amenities. To complete the job, some funds for
changes to the roads or paths, planting, and other park amenities are inevitable. Funds
would have to come from other sources, probably the Town.
The Audubon Society requires that it would have control of the project. Yet the project
must be closely coordinated with the Town Engineer, since Blackie's Pasture contains
underground sewer and drainpipes, high pressure sewer lines, underground electrical
lines, and water services. Significant staff time would be needed for this coordination.
5. We need Blackie's Pasture for overflow parkinq and Public Safetv.
The recent "Blackie's Bash" illustrated the usefulness of having a large area for overflow
parking for large Town events. At peak times, parking will remain a problem even after
the two parking lots are constructed. Blackie's Pasture is designated as an emergency
vehicle staging area. Overflow parking capability, plus the "insurance value" of a large
emergency area provide significant benefits to the Town.
6. We do not know whether or not the people of Tiburon want a salt-marsh.
Do the people want a salt-marsh or a pasture? No one really knows. While not
conclusive, the informal survey by the Tiburon Residents Association several years ago
indicated that 76% of those responding wanted Blackie's Pasture either left alone, or just
cleaned up. There was a time in 1991 when a salt-marsh had broad support. Now,
however, there are many projects competing for the Town's funds and energy, such as
surviving the current fiscal crisis, building a new Town Hall, and establishing a new
Library. I believe that when Blackie's Brigade completes its work, most citizens will
prefer the pasture to a man-made salt-marsh.
I recommend the following Action Plan:
1. Do not approve the construction of a man-made salt-marsh at this time.
2. Let Blackie's Brigade complete its plan, as previously approved by the Town
Council. The Brigade has a lot of momentum at this time. It will soon begin
construction of the two parking lots, planting, and the park grading.
3. After the completion of the Blackie's Brigade project, and if interest persists, the
Town Council could reconsider the salt-marsh proposal, in view of the following
factors:
a. The adequacy of the new parking areas.
b. The effect of the bay-side marsh on the tidal flow under the bridge.
c. Public opinion. (The proposed salt-marsh outline could be laid out on the
flat pasture for public view.)
d. Availability of public funds and manpower to assure that all park amenities
could be completed.
I hope that the above information and recommendations help you make this very
important decision.
Respectfully submitted,
~e/~
Richard C. Hill
/
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Accord allows levee repair, wetlands restoration
Fanners and government agen-
cies agreed on a pact yesterdaY
that allows landowners to move
. ahead with flood levees while
dedicating San Pablo Bay wet-
lands for restoration.
Army Corps of Engineers Lt.
Co\. Michael Walsh and 35 Ma.
rin and Sonoma landowners
signed a levee repair permit in a
ceremony held at Viansa Winery
in Sonoma.
The permit allows the repair
of 40 miles of levees, among
them those protecting the Corda
and Leveroni ranches and Nova.
to's Redwood Sanitary Landfill.
The permits call for restora-
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tion af..3fill..icres of salt marsh
8urroUD'diiii"Tolay Creek, near
Sears Point Raceway.
"This is a win -win solution for
both local farmers and the San
Pablo Bay," said Rep. Lynn
Woolsey, D_Petaluma, who rep-
resents Marin County.
Government agencies and pri-
vate industry will provide money
for the $400.000 to $500,000 pro-
ject. ~
--'-"'l'he project will help protect
habitat for endangered species
like the salt marsh harvest
mouse.
Compiled from IJ staff reports.
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TOWN OF TIBURON
MEMORANDUM
TO:
TOWN COUNCIL
MEETING DATE: JUNE 21, 1995
ITEM NO. '7
FROM:
TOWN ATTORNEY
SUBJECT: PROPOSED NEW MUNICIPAL FERRY DOCK: CONSIDER OBJECTIONS OF
POINT TIBURON HOME OWNERS ASSOCIATION
-----------------------------------------------------------------------------------------------------------------------
BACKGROUND
This item was previously considered by the Town Council on May 3 and May 17 and June 7,
1995. While the original issue under discussion was acceptance of the easement from Main Street
Properties allowing construction of the dock, the issue has now become whether the Town can or
should proceed with the project at all. Specifically, at the last meeting, the Council heard from
members of the Point Tiburon Bayside Homeowners Association regarding their contention that
the Town is precluded from constructing the dock because of deed restrictions of the Town's
property. At the conclusion of that meeting, staff was directed to meet with representatives of the
Bayside Homeowners Association and David Irmer, President of the Innisfree Company which
dedicated the property to the Town. Staff has held this meeting and has also had further
discussions with the project engineer regarding the size and location of the dock.
ANALYSIS
Turning first to the size of the dock, the size of the barge currently proposed is 132' long by 34'
wide. Our project engineer has informed me that the smallest the barge can be while
accommodating the requirements of the ADA is approximately 100' long by 34' wide. (See
Exhibit 1) The dock could be slightly shorter than this is docking was allowed on one side only
but it would have to be wider. This size is necessitated by the need for longer, more gradual
ramps. This size is consistent with other new docks being built in the Bay Area.
With this information, staff met with John Schaller, John Yeoman and C.J. Key of the Bayside
Homeowners Association and David Irmer of Innisfree. Mr. Irmer restated his position that while
he understood the need for a new dock, he believed that the location of the dock was directly
contrary to the terms of his dedication of the land to the Town. The representatives of the Bayside
Association stated that knowing the minimum size of the dock and in light of Mr. Irmer's
information regarding his intent in dedicating the land, they could not support construction of a
dock on the Town's property. They informed us that if the Town proceeds with the project, they
will pursue their legal remedies.
1
While it remains my opinion that the Town may legally construct the dock on this property (see
Exhibit 2 and attachments), the issue is not clear. If the Town were challenged on this issue, there
is no guarantee that we would prevail, particularly in light of Mr. Irmer's interpretation of the
terms of the dedication. Therefore, the Town should be aware of this risk in determining whether
or not to pursue this project any further.
Should the Council decide not to proceed with the project because of the legal restrictions on the
property, the Red & White Fleet will continue to operate using the existing dock owned by Main
Street Properties. As previously stated, there is currently no litigation or mandate requiring this
dock be made to comply with ADA. Staff cannot project what might happen with this dock in
the future.
RECOMMEND A TION
Staff recommends that the Council conduct a public hearing and receive testimony from all
interested parties. Should the Council determine not to proceed with the project, staff should be
directed to withdraw our grant application immediately.
EXHIBITS
1. Schematic Plan for Dock
2. Town Attorney Memo wi attachments
2
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TOWN OF TIBURON MEMORANDUM
To:
From:
Subject:
TOWN COUNCIL
TOWN ATTORNEY
PROPOSED FERRY DOCK-APPLICABILITY OF RESTRICTIONS IN POINT
TffiURON APPROVALS
June 1, 1995
Date:
QUESTION PRESENTED
The Town has proposed to construct a new ferry dock on a portion of a tide lot acquired from the.
Innisfree Company as part of the Point Tiburon subdivision. The question presented is whether
restrictions found in either the terms of the dedication or the Point Tiburon subdivision
improvement agreement prohibits this project.
CONCLUSION
The construction of the proposed dock would not violate any of the restrictions set forth in either
the original dedication of the property or the subdivision improvement agreement.
FACTS
The proposed dock is located on a lot which was dedicated by Innisfree to the Town as part of
the Point Tiburon subdivision. The lot is partially under water and also includes Shoreline Park
and the Donahue Building. The lot was dedicated through an offer contained in the final
subdivision map. The dedication is worded as follows:
"We also hereby offer for dedication in fee, Lots 1, 2, 8, 10 and 11 as shown hereon, for
public, scenic, open space and public access. . . These herein before offered dedications
shall be kept open and free from permanent structures of any kind, other than
complementary, excepting the herein described Donahue Building...."
At the same time as the dedication, the Town and Innisfree also entered into a subdivision
improvement agreement for the purpose of securing certain improvements required as part of the
development approvals. Paragraph 1 (d) of that agreement required Innisfree to construct
Shoreline Park. The paragraph also contains the following sentence:
"No additional structures, other than complementary facilities, shall be constructed on said
park by Town nor shall any obstruction to the view corridors be permitted thereon, unless
mutually agreed by the Subdivider. . . or the Point Tiburon Waterfront Condominium
Owners Association...."
E~L.:b: f- :L.
TOWN COUNCIL
Page 2
June 1, 1995
DISCUSSION
1. Terms of the Dedication
The terms of the original dedication contained restrictions on both the use of the lots and the right
to erect structures. Among the uses allowed for the lot in question are "public and public access."
It appears that the use ofa municipal ferry dock would fall within either or both of these
descriptions. If this is true, then it would also appear that the dock structure itself would be
"complementary" to those uses. It is on this basis that I conclude that the dock is not prohibited
by the terms of the dedication from Innisfree.
2. The Subdivision Improvement Agreement
The applicable provision of the subdivision improvement agreement addresses the construction of
Shoreline Park and the future use of the Donahue Building. It does not discuss the remainder of
the lot nor the uses of the lot. Given the limited nature and purpose of the agreement, it is my
opinion that the restriction on structures applies only to the park itself and not the remainder of
the lot. Thus, because the proposed dock is not part of the park, it appears that the improvement
agreement does not limit the construction of the dock.
SUMMARY
It appears that neither the terms of the original dedication nor the Point Tiburon subdivision
improvement agreement prohibit the construction of the proposed municipal ferry dock.
~-~
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SUBDIVISION IMPROVF.MENT AGREEMENT
a;
THIS AGREEMENT, made and entered into this /~- day of
rEf M U/1i< Y
. '
, 1984, by and between THE INNISfKEE COMPANIES, a
California Corporation (Owner) and subdividers of that certain
subdivision to be known as POINT TlnURON CONDOMINIUMS, herein-
after referred to as "Subdivider", and the TOWN OF TIBURON, a
municipal corporation of the State of California, hereinafter
referred to as .'Town";
WIT N E 5 SET H :
WHEREAS, Subdivider, pursuant to Chapter 14 of the Tiburon
Municipal Code, has presented to Town an improvement plan
-
(Improvement plans, Point Tiburon, by Tillson-Bliss Associates,
as rev. 1984) outlining thereon the improvements to be
constructed by Subdivider within the subdivision to be known as ...~.
POINT TIBURON CONDOHINIUMS; and
WHEREAS, said improvements and any other improvements
required by Chapter 14 of the Tiburon Municipal Code or by this _
agreement will not be completed before the filing of the final
map of said subdivision; and
-~ .::...,::.~ '-".
WHEREAS, Chapter 14 of the 'rib-uron-' Mun{cipa1 Code requires
'.':::'~.-.-;;>>:";..~',;,.'-
Subdivider to enter into an agreementCwith Town agreeing to have
said work completed within the tim~ ,sp_~cJ._fied in said agreement;
NOW, THEREFORE, IT IS HEREBY AGREED by and between the
parties hereto as follows:
1. The Subdivider shall construct, or cause to be con-
structed, prior to 42 months from the dat~,of recordation of the
final map, all improvements ou~lined and set forth on s~id
improvement plans and as hereinafter referred to, .lnd all other
improvements required of it to be construct~d by ('~\,,;:)ter l~ of
the Tiburon Town Code within and for the !)cncfit qf t~,c ['oint
Tiburon Condominium subdivision, except ~s a shOrt0r ;~riod of
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Said
~~ time may be specifically otherwise set forth herein.
improvements shall include, but are not necessarily limited to
r
the following:
(a) Beach Road Extension: Subdivider shall
provide a roadway extension within the project boundaries
M connecting Beach Road and Mar West Avenue at the inter-
section of Esperanza Street within thirty-six (36) months
from date of commencement of project grading or forty-two
(42) months from date of recordation of final map,
whichever occurs first. Town shall cause to be built and
completed that portion of Beach Road between Tiburon
Boulevard and the project within such time period~ Con-
struction work shall be done as per drawings by Tillson-
Bliss & Associates and as approved by Town ~ngineer.
"
{bl Paradise Drive: Subdivider shall realign
Paradise Drive between Main Street and Mar West Avenue
inland to leave an open space park to the southeast of
Paradise Drive 3S per drawing~ by Tillson-Bliss &
Associates and as approved by Town Engineer prior to
issuance of certificate of occupancy for the fi~.t
condominium unit or within thirty-six (36) months from
date of commencement of project grading or forty-two (42)
months from date of recordation of final map, whichever
occurs first.
-;-:-.
,-....
(c) Mar West Road: Subdivider shall provide a
turn-around on Paradise Drive including parking lot at the
intersection of Mar West as per drawings by Tillson-Bliss
& Associates and as approved by Town Engineer, including
the undergrounding of utilities. Such work shall be
completed prior to the occupancy of the first condominium
unit in building 19 as shown on drawing marked. "Title
Sheet and Location Map of Point Tiburon", page C 1, dated
December, 1983, or thirty-six (36) months from date of
commencement of project grading or forty-two {42l months
from date of recordation of final map, whichever occurs
first.
(d) Shoreline Park: Subdivider shall provide a
Shoreline Park to the southeast of Paradise Drive,
including finish grading, landscaping, irrigation and a
pedestrian and bicycle pathway in accord with drawings
prepared by Tillson-Bliss & Associates and Guzzardo &
Associates and as approved by Town Engineer. Such park
shall be completed prior to issuance of certificate of
occupancy for the first condom.inium unit or within thirty-
six (36) months from date of commencement of project
grading or forty-two (42) months from recordation of final
map, whichever of said dates is first to occur. No
additional structures, other than complementary
facilities, shall be constructed on said park by Town nor
shall any obstruction t6 the view corridors be pernitted
thereon, unless mutually agreed by the Subdivider. until
completion of the project and thereafter the point Ti~uron
Waterfront Condominium Owners Assoclation. or thelr
successors in illterest and Town. ~~id ~~lrk shall be
maintained by Town including tile shoreline to lJrc';crve It
and to protect the shoreline fro:n erosion.
-2-
''-''--=l..r:'"~''.'.-'_
OWNER'S CERTIFICATE
COOt
THE UNDERSIGNED ARE THE ONLY PERSONS HAVING ANY RECORD TITLE
INTEREST IN THE LAND SUBDIVIDED AND SHOWN ON THIS MAP, DO HEREBY
CONSENT TO THE PREPARATION AND RECORDATION OF THIS MAP, ENTITLED
"POINT TIBURON, TOWN OF TIBURON, MARIN COUNTY, CALIFORNIA", COM-
POSED OF 10 SHEETS, AND ARE ALL WHO ARE NECESSARY TO PASS CLEAR
TITLE TO THE LAND SUBDIVIDED AND SHOWN HEREON.
I, ,
OF t
THA'
SPEC
ASSl
LAN[
LOTS 3 THROUGH 7 AND LOT 9 OF THIS SUBDIVISION ARE A CONDO~INIUM
PROJECT AS DEFINED IN SECTION 1350 OF THE CIVIL CODE OF THE STATE
OF CALIFORNIA AND ARE SUBJECT TO THE PROVISIONS OF THE CALIFORNIA
CONDOMINIUM ACT, TITLE 6, PART IV, DIVISION 2, OF THE CIVIL CODE
OF THE STATE OF CALIFORNIA AND IS FILED PURSUANT TO THE SUBDIVI-
SION MAP ACT.
SIGt
JOS]
BY [
THE UNDERSIGNED HEREBY OFFERS FOR DEDICATION FOR USE AS PUBLIC
STREETS "BEACH ROAD, PARADISE DRIVE, MAR WEST STREET", AND THE
STREET AND SIDEWALK IMPROVEMENTS WITHIN THEM, AND FURTHER OFFER
FOR DEDICATION THE PUBLIC DRAINAGE EASEMENTS AND THE IMPROVEMENTS
WITHIN THEM.
CLEF
WE ALSO HEREBY OFFER FOR DEDICATION IN FEE, LOTS 1, 2, 8, 10 AND
11 AS SHOWN HEREON, FOR PUBLIC, SCENIC, OPEN SPACE AND PUBLIC
ACCESS; INCLUDING THAT EXISTING STRUCTURE KNOWN AS "DONAHUE BUILD-
ING" LOCATED ON LOT 1 DEDICATED ON AN "AS IS" BASIS RESERVING UNTO
THE DEVELOPER, ITS AGENTS OR ASSIGNS THE RIGHT TO OCCUpy THE
STRUCTURE DURING THE 42 MONTH CONSTRUCTION PERIOD.
I, "
OF t
SUFF
OF ~
BY
MARl
THE
SUB[
PAY;
THESE HEREIN BEFORE OFFERED DEDICATIONS SHALL BE KEPT OPEN AND
FREE FROM PeRMANENT STRUCTURES or A"Y KI'C, "THi:, TH,:.N CO'~PLE~'E"'TA~', UCEI TICJG
THe. He:Re;lN UC.""KHle;V VUNAHue; HUILDING. THE LOCAL AGENCY uK ANi
OTHER MUNICPAL CORPORATION, AGENCY, PUBLIC UTILITY COMPANY, OR
DI STRICT SHALL HAVE THE RIGHT OF ACCESS INTO AND UPON ALL SUCH
DEDICATIONS FOR THE PURPOSE OF IMPROVING, MAINTAINING, OR REPAIR-
ING SUCH DEDICATIONS AND FACILITIES WIlHIN THEM.
WITt
ALL HEREIN DESCRIBED DEDICATIONS SHALL VEST IN THE TOWN ONLY SO
LONG AS THE DEDICATED PROPERTY IS USED FOR THE PUBLIC PURPOSE FOR
WHICH IT WAS DEDICATED <i.e., RECREATIONAL, OPEN SPACE, HISTORI-
CAL) AND ANY USE OF SUCH LANDS OR FACILITIES ,;~ T~, _AI.E, O~
CLEF
MJ-R:
'-L~_r.l..~ SUCH
':"1<iCurHI lLED,
UNDERS IG NED
LANDS OR FACILITIES FOR ANY OTHER USE OR PURPOSE SHALL", ,,~r
VEST SUCH DEDICATED LANDS OR FACILITIES IN THE
OR ITS SUCCESSORS OR ASSIGNS.
SUR"
sm..
SECRETARY
I , '
UNDF
CHEC
TIor
AND
1I."ln
AS OWNER - DAVID C. I
THE INNISFREE COMPANIES
A CALtFORNIA CORPORATION
TOWN COUNCTI. STAFF REPORT
TO:
FROM:
SUBJECT:
TOWN COUNCIL
FINANCE DIRECTOR
MEETING: JUNE 21, 1995
ITEM NO: fJ
FISCAL YEAR 1995-96 PRELIMINARY MUNICIPAL BUDGET
ADOPTION OF BUDGET PLAN
Background:
This item is for adoption of the Municipal Budget for Fiscal Year 1995-96.
Public Hearings on the Preliminary Municipal Budget have been held as follows: at the
regular Town Council meeting of May 17, 1995 Council received the preliminary Budget
and the Town Manager presented an overview of the Proposed Budget and the general
financial condition of the Town; at the meeting of Wednesday, May 31,1995 Council held
Public Hearings on the General Operating Budget; and at the meeting of Monday, June
12,1995 Town Council held Public Hearings on the proposed Capital Improvement
Program of the Town.
Discussion:
Public Hearings on the Preliminary Budget resulted in few modifications to the proposed
overall appropriation of$7,974,163. Minor adjustments are in the operating program as
described in the following section..
General Operating Budget - Two minor adjustments to the proposed budget are
incorporated for adoption.
The Preliminary Budget recommended a total appropriation of$3,218,300. Two (2) items
should be added to the Town Administration Budget: (i) Municipal Code Revision and
Update, at $4,000, and (ii) Marin Cable JPA Program Fees, at $1,400. The recommended
adjusted expenditure appropriation for the Operating Budget is $3,223,700.
The Preliminary Budget did not include cost estimates for salary and benefits adjustments
for MAPE-represented employees, nor for non-represented management and mid-
management employees. Subsequent salary and benefit adjustments are subject to Council
approval and will be incorporated into the final budget document.
Capital Improvements Program - No changes in appropriations are recommended.
Debt Service Program - No changes in appropriations are recommended.
TOWN OF TIBURON, Adopt 1995-96 Municipal Budget, 6/21/95
Page-l
Total Planned Appropriations for Fiscal Year 1995-96
1.
2.
3.
General Operations
Capital Improvements
Debt Service
$ 3,223,700
2,745,400
2,010,463
Total Budget Appropriation: $ 7,979,563
Recommendation:
1. Town Council adopt the draft resolution, which adopts a Municipal Budget for
Fiscal Year 1995-96, at the appropriation levels recommended above.
Exhibits:
I. Draft Resolution, Adopting a Municipal Budget for Fiscal Year 1995-96.
TOWN OF T1BURON, Adopt 1995-96 Municipal Budget, 6/21/95
Page-2
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TffiURON
ADOPTING A MUNICIPAL BUDGET
FOR FISCAL YEAR 1995-96
WHEREAS, the Town Council conducted Public Hearings concerning the proposed
Municipal Budget Plan for Fiscal Year 1995-96 on May 31 st and June 7th; and
WHEREAS, the Town Council now finds that the proposed Municipal Budget Plan, as
reviewed and amended, provides for all appropriate municipal purposes and services within
current fund(s) resources and anticipated revenues for the Fiscal Year ended June 30, 1996; and
NOW, THEREFORE IT IS RESOLVED: that the proposed Municipal Budget Plan, as
amended, appropriates funds for expenditures associated with operations, capital improvements
and debt service in the following amounts:
General Operating Fund
Capital Improvements Program
Debt Service
$ 3,223,700
2,745,400
2,010,463
Total Appropriation:
$ 7,979,563
and is hereby approved and adopted as Tiburon's Municipal Budget Plan for the Fiscal Year ended
June 30, 1996, and all expenditures, encumbrances, transfers and appropriations set forth therein
are also approved; and
IT IS FURTHER RESOLVED: that the Town Manager may make adjustments and
activities within the budget provided that no increases or diminishment in salaries result other than
that provided by the Town's Personnel System and Master Salary Program, or as authorized by
the Town Council, and provided that no expenditure or encumbrance contingent on contract
agreement, or other engagement requiring approval of the Town Council shall be made until such
contract, agreement, or other engagement is first approved by the Town Council.
PASSED AND ADOPTED, at a regular meeting of the Town Council of the Town of
Tiburon on , 19-, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL STAFF REPORT
TO:
TOWN COUNCIL
SCOTT ANDERSON, ~
PLANNING DIRECTOR
MEETING DATE: 6/21/95
ITEM NO.: 9
FROM:
SUBJECT: ORDINANCE REGULATING HOURS OF USE FOR LEAF BLOWERS
*****************************************************************
BACKGROUND
At its meeting of June 7, 1995, the Council held first reading of
an ordinance regulating the hours of usage for gas-powered leaf
blowers to 9 A.M. through 5 P.M., Monday through Saturday.
ANALYSIS
since the June 7th meeting, staff has received no additional input
from the public on this matter, despite published and mailed
notices and articles in the Ark and Independent Journal.
RECOMMENDATION
1. Hold a public hearing.
2. Move to read by title only.
3. Hold a roll call vote on the second reading and adoption of
the Ordinance.
EXHIBITS
1. Draft Ordinance
Tiburon Town Council
Slaff Report
6/21/95
1
ORDINANCE NO.
AN ORDINANCE OF THE TOWN OF TIBURON ADDING A NEW CHAPTER 30 TO
THE TIBURON MUNICIPAL CODE RELATING TO THE RESTRICTED USE OF
GAS-POWERED LEAF BLOWERS
SECflON 1. ADOPTION.
The Town Council of the Town of Tiburon does hereby ordain that Chapter 30 shall
be added to the Tiburon Town Code as follows:
Chanter 30. Gas Powered Leaf Blowers
Sections:
30-1
30-2
30.3
30-4
Title
Purpose and Intent
Restricted Uses: Time of Day, Days of Week
Enforcement and Violations
Section 30-1
Title
This Ordinance shall be known as the "Town of Tiburon Leaf Blower Ordinance" and
may be so cited.
Section 30.2
Purpose and Intent
The purpose of this section is to regulate the use of motorized leaf blowers in the
community, so as to prevent unreasonable and continuous disruption of households due to
leaf blower noise, and the devices' ability to distribute dust and other airborne pollutants
onto public and private property, while allowing property owners or their employees, agents
or contractors working for a property owner to maintain the appearance and condition of
their properties.
1
.'
"Mr. Robert Kleinert
,
June 16, 1995
page 2
Perhaps we were an inappropriate re
place. Since both the state and thel To
interest, it appears appropriate to pass
If the Town desires to communic~te
the Lis Pendens removed from this pr~per
done on two-thirds of the Library prbper
Marc N. Melnick, Deputy Attorney Gen~ral
Suite 300, san Francisco, CA 94105 at t
facsimile 415-356-6257.
ester in the first
serve the public
this ma~ter over to
you.
ith the state to have
y (as it has already
y), you should contact
50 Fremont Street,
lephone 415-356-6324, or
6875.01
1: y7U-
ielSen,Jr.
VGN/dc
TJT~_ =' J3
.
L"W O~'nCf.s I'F 1
' NIELSEN, MERNSAM R.
P'" ~'~'~~'~H~'~N~~O~ ~ ~~,~~o~,,~ ~~~~OR
.'>91 REDWOOD HIGHWAY ,",00
Mill VALLEY, C"lIF~RNIA .1
TELEPHONE \41~1 Je9'6~O('
-,-le~ AirJ. J(
',4
&4CaAMiHTIJ
170 L~-rl'lE:F.T. swn toO
~ACll."M€"'T'O. CALIFORNIA ~581~
TElHHONE 1916) H6-67~;!
5..\N FRANCISCO
6S0 CALIFORNI.\ STREIT. 5L'IH 2ose-
SAN fIANClfiCO, ~.''''IF(l<<NJA <;I.uo~
r~l.el'''''vNF. (4L~) '11"-."11:11111
F.... ("It,) ....610.
fA.)t (4151 )88.~7"
June 16, li995
1'''1 ("I~) 3IM''''']4
VIA FAX
Hr. Robert Kleinert
Town Manager
Town of Tiburon
1155 riburon Blvd.
Tiburon, CA 94920
Re: Property for New Town Hall,
Dear Mr. Kleinert:
This office represents Edward G. Ze
Abrams in a lawsuit filed against them b
California, by and through the Depa~tmen
concerning interpretation of an amb~guou
lease relating to, among other things, p
in the Town of Tiburon. .
The Attorney General's Office filedla Lis pendens on the
Tiburon Boulevard property that incIUdeS~the property to be used
for the new community Library, the prope ty being considered for
the new Town Hall, and the remainin~ pro erty up to the Home
Savings & Loan Building. For some ~eeksfnow we have been talkinq
to the Attorney General's Office, the of ice representing the
Department of Parks & Recreation, orl way to settle the case.
Earlier this week, I asked the;Statt to remove the Lis
Pendens from the Library and Town H~ll p operty now that the
voters have expressed their decision. S'nce the Zelinskys have
already told the State that they Wi1..1 ma~ntain public parking on
the entire Town Hall property until cons ruction is commenced and
will grant the Town the property only on the condition that the
employee parking in the rear be public ptrking during weekends,
we were hopeful that the state would not keep this property "at
riSk" over <16 "lost" parking spaces. Un. ortunately, the State
replied today that "We do not intend to (ithdra"l' this Lis Pendens
until a neqotiated settlement is reached." We had hoped that the
State would not try to make the Town Hal property into a 25-year
pUblic parking lot now that the Town cit'zens have so strongly
expressed their position. I
!
insky and Barbara R.
the State of
of Parks & Recreation,
provision of a 1988
rking for Angel Island
,
I'W 23 '95 :", 25 -: B PEf' CHAMBER
4154351.::.32
-0,
4154352438 POl
IIlggS :6: l~ 41~",~"4>S
TOW", OF TIBU~
PAGE: 0:
,'t'. Ii,'
..... . .~,
,
'!OW1f or ftBUIIOIt " ' ...;.
DECIAL WIIl'r PERluT APl'LItAnciN
DATE' ~~/tt( ..~,
1-kH1- lid. /0
OateC$) aequested
Firat Aid:
What Arran9ements will be made?
W 0 ""~
Clean-up:
What ArranienlenU will ~. m&de?~
t
.
00 you anticipate using .ound amplification equipmen
CPlease indicate extent)
~
FU.l..&J.O..Ltu ".oJ t..Ya
WI. UJ.lS4) .
Publicity:
Please indicate advance publicity iiven
event:
It other than listed organization,
the
Pur- ~
ent: .vu>> -"WN
Sponsorship:
and indicate extent of involv.m.n~:
.
the full text of the ordinance along with the names of those Council members voting for and
against the ordinance.
This ordinance was introduced at a regular meeting of the Town Council of the Town
of Tiburon on ,1995, and was adopted at a regular meeting of the Town Council
of the Town of Tiburon on , by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
Town of Tiburon
ATTEST:
DIANE CRANE, TOWN CLERK
3
Section 30-3
Restricted Uses: Time of Day. Davs of Week.
It shall be unlawful for any property owner or employee, agent or contractor working
for a property owner to operate a gas-powered leaf blower to blow leaves, dirt, or other
debris off sidewalks, driveways, lawns, or other surfaces within any area of the Town, except
from 9 A.M. to 5 P.M., Monday through Saturday. A gas powered leaf blower is defined as
any device directly powered by an internal combustion or rotary engine using gasoline,
alcohol or other liquid or gaseous fuel.
Section 30-4
Enforcement and Violations.
Violations of this section will be subject to an enforcement process that includes a
verbal or written cease and desist warning from Town officials, followed by a notice of
violation of an infraction, and up to a $250 fine for failure to comply with the provisions
of this section.
Any property owner or employee, agent or contractor working for a property owner
who violates this ordinance may also be considered guilty of an infraction, and each day
such violation is committed or permitted to continue shall be constitute a separate offense
and shall be punishable as such.
SECTION 2. SEVERABILITY.
If any section, subsection, subdivision, paragraph, clause or phrase of the Ordinance,
or any part thereof, is for any reason held to be unconstitutional or invalid, or ineffective
by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof and the Town
Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase thereof irrespective of the fact that anyone or more
sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared
unconstitutional or invalid or ineffective.
SECTION 3. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after the date of
passage. Pursuant to the provisions of Government Code Section 36933, a summary of this
ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the
Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1)
publish the summary, and (2) post in the office of the Town Clerk a certified copy or this
ordinance. Within fifteen (15) days after adoption of this ordinance, the Town Clerk shall
(1) publish the summary, and (2) post in the office of the Town Clerk a certified copy of
2