HomeMy WebLinkAboutTC Agd Pkt 1997-05-21
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TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1505 TIBURON BLVD.
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
MAY 21,1997
7:30 P.M.
NONE
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 Amencans 'Nith Disabilities Act, if you need special assistance to participate in this meeting, please contact Town Hall
(415) ~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]
A. ROLL CALL
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
c. PRESENTATION OF HERITAGE & ARTS PRESERVATION AWARD
1) Dr. David Steinhardt, Recipient of Second Annual Preservation Award - (Victoria Arnett,
Heritage & Arts Commission Chair)
D. PUBLIC OUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda to mailers not already on this agenda, other
than items on the Consent Calendar. The public will be given an opportunity to speak on each agenda item at
the time it is called Presentations are limited to three (3) minutes. Alallers requiring action will be reJerred to
the appropriate Commission, Board, Commillee or StaffJor consideration and/or placed on aJuture meeting
agenda.
E. COUNCIL. COMMISSION & COMMITTEE REPORTS
F. CONSENT CALENDAR
The purpose oj the Consent Calendar is to group items together which generally do not require discussion and
which will probab~\I be approved by one molion unless separate action is required on a particular item. Any
member oJthe Town Council, Town Staff, or the Public may request removal oj an item Jar discussion.
2) TOWN COUNCIL MINUTES #1110, April 2, 1997 - (Adopt)
3) MONTHLY POLICE STATISTICS - (April, 1997) - (Receive)
4) TIBURON POLICE ASSOCIATION LABOR CONTRACT - (Accept) - Continued to June
4, 1997
5) RICHARDSON BAY REGIONAL AGENCY- (Adopt Resolution Approving JPA
Amendment & Dues Increase)
6) PARTIAL UPHOLDING OF APPEAL Re: Approval of Construction of Single Family
Residence at 47 Via Los Altos - (Adopt Resolution)
G. UNFINISHED BUSINESS
7) HILLHA YEN UNDERGROUNDING DISTRICT - Status of Construction Surplus -
Continued to June 4, 1997
H. NEW BUSINESS
8) WALKING GUIDE TO HISTORIC TIBURON BROCHURE - (Authorize Heritage & Arts
Commission Request for Funding and Replacement of Two-Year Supply)
9) SPRINT ANTENNA - (Consider Proposed Lease between Town and Sprint for Town Hall
Antenna Site) - Continued to June 4, 1997
10) 1995-96 TOWN AUDIT & MANAGEMENT REPORT - (Review and Accept)
I. PUBLIC HEARING
J. COMMUNICATIONS
11) REQUEST FOR USE OF PORTION OF OLD TOWN HALL BUILDING AT NED'S WAY
- (Letter from Belvedere!Iiburon Child Care Center to Town Manager, Dated May 9, 1997)
K. STAFF & TOWN MANAGER REPORTS
12) SENIOR HOUSING ADVISORY COMMITTEE - (Update on Proposals for Senior
Housing Development at Ned's Way)
13) STREEJ MAINTENANCE PROGRAM - (Tiburon Road Repairs & Improvements
Scheduled for Summer 1997)
14) PARKS & OPEN SPACE COMMISSION - Staffing Issues - Continued to June 4, 1997
L. ADJOURNMENT
TOWN COUNCIL
MINUTES
.J]t M. !1Io.
D,~ .
'j{4r-,
2-
CALL TO ORDER
Mayor Hennessy called the regular meeting of the Town Council of the Town of Tiburon to order
at 7:34 p.m. on Wednesday, April 2, 1997, in Council Chambers at 1101 Tiburon Boulevard,
Tiburon, California.
A. INTERVIEWS - (None Scheduled)
B. ROLL CALL
PRESENT: COUNCILMEMBERS
EX OFFICIO:
Ginalski, Hennessy, Thayer, Thompson, Wolf
Town Manager Kleinert, Town Attorney Danforth,
Planning Director Anderson, Town Engineer
Mohammadi, Lt. Aiello, Town Clerk Crane
C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If Anv)
Mayor Hennessy announced that no action was taken.
D. PUBLIC OUESTIONS & COMMENTS
Don Batten, 29 Mercury Avenue, complimented Mayor Hennessy on the recent Homeowners'
Association/Town Council meeting. He also asked Council to give consideration to the Police in
their salary negotiations.
Larry Smith, Tiburon Peninsula Foundation, presented Council with a check for $5,000 as a
contribution to the Town Furniture Fund.
Hank Easom, 1828 Lagoon View, said he was concerned about navigation hazards in Richardson
Bay, and said the Richardson Bay Regional Agency was not doing their job. Councilmember
Thompson agreed that it was frustrating, but said there actually had been a marked improvement
with the appointment of a new Harbor Administrator. Thompson invited Easom to work with
them on how to make more improvements. Easom said the Sheriff s Department should get
involved with removal of wrecks.
Scott Thomas, attorney representing Tiburon resident Mr. Shen, called upon Council to hear an
appeal ofa Design Review Board decision allowing his client to build a home at 47 Via Los Altos.
Thomas said the appeal had been scheduled to be heard by Council on April 2 but had been
"unilaterally removed from the agenda by the Town Clerk in consultation with the Town
Attorney"
Town Attorney Danforth commented that there was more to the story, but noted that Council
would not be able to hear the appeal even if it wanted to do so because it was not on the agenda.
She said the Council must follow the guidelines of the Brown Act which require placing items on
the agenda 72 hours prior to public hearing.
Town Coul1cillvlinutes #1110
Ap/'i/2, 1997
1
Mr. Thomas said the appeal was not filed in a timely manner and should be dismissed. He also
said the Town's requirement for his client to erect story poles was not received in enough time to
allow compliance, and that delaying a decision on the appeal was adversely impacting his client by
delaying the start of construction on the project during the [summer] building period.
Town Attorney Danforth said Mr. Thomas was free to make his comments, but neither Council
nor Staff could respond until the matter was agendized.
Mr. Thomas asked for confirmation of a firm hearing date. Mayor Hennessy and Staff confirmed
May 7, 1997.
F. COUNCIL. COMMISSION & COMMITTEE REPORTS
2. Report from Hilarita Representative - (Hank Bruce). Mr. Bruce said that the first phase of
construction at Hilarita took place from September 1995 through August 1996, and consisted
primarily of site and exterior repairs, including making 10 units and the common areas handicap
accessible. Bruce said the repairs were funded by a grant from the Tiburon Ecumenical
Association, the Town of Tiburon, and CDBG. Bruce said Phase II was completed in January
1997 and included adding six parking spaces on the upper level and more ramps. He said the left-
over funds would be used for training of board members and to set up a computer learning center.
Council complimented Bruce on his continued representation and good work.
1 Introduction of Bell Market Representatives - (Mayor Hennessy). Mayor Hennessy said Bell
Market was in negotiations with Safeway to take over the Tiburon site. She introduced Harley
Delano, President ofCala Foods" and Don Nelson, Vice President of Operations. Mr. Delano
took questions from the audience about what the community would like to see in a new market,
and said his company's philosophy was to operate "hometown" stores to service the local
communities.
G. CONSENT CALENDAR
3. Town Monthly Investment Summary - February 28, 1997 - (Receive).
4. Denial of Appeal by Cosmo L. Fraser of the Approval ofa Site Plan and Architectural Review
for 205 Taylor Road; Reza Pourian, Owner - (Adopt Resolution)
5. Monthly Police Statistics - February, 1997 - (Receive)
6. Environmental Forum of Marin - (Proclamation Re: Earth Day, April 22) - (Adopt).
MOTION:
Moved:
Vote:
To adopt Consent Calendar Items 3 through 6.
Thayer, Seconded by Ginalski.
AYES Unanimous
Town Manager Kleinert asked for comments on the Police Statistics. Council member Wolf said
the report was good, but suggested adding year-to-date statistics, as well. Councilmember
Thompson said the report format was good.
Town Council.AJinules #1110
April J, 1997
2
H. UNFINISHED BUSINESS
7. New Police Building Program - Review and Approval of Revised Floor and Site Plans.
T own Manager Kleinert said the revisions were made per the criteria established by Council at its
February 19 meeting. He said the next step was for Council to direct the architect to complete
the schematic drawings and obtain a project cost estimate. Kleinert said all of the above work
was included in the $40,000 previously authorized by CounciL
Councilmember Wolf asked if the site plan had been reviewed and accepted by the Child Care
Center with regard to parking. Bruce Ross said the current plan did not show the reconfigured
parking, and said there would be an overlap with police parking during shift changes. Vice Mayor
Thayer confirmed that he and Councilmember Ginalski had met with the Child Care
representatives.
Councilmember Wolf said she would also like an independent cost estimate to be done as soon as
possible by Adamson. Bruce Ross differed, stating the only meaningful estimate could be done
after the schematic drawings were complete. He suggested allowing architect Glass to use his
cost estimator and then Council could obtain another estimate if they so desired.
In response to a question from Councilmember Wolf, Ross said the police building was "as tight
and simple" as it could be
Councilmember Ginalski said he was troubled by the fact the voters had been told the projects
could be completed for $3 million, and that the Town Hall project was now over $2 million, He
added that one of the original interested buyers of the Ned's Way property, The Ashton
Company, had said it were no longer interested. Ginalski stated, "I don't want the 'No Tax
Solution' to bankrupt the Town ofTiburon"
MOTION:
To authorize the Architect to Proceed with the Schematic Drawings for the Police
Building, including a project cost estimate.
Thayer, Seconded by Thompson
A YES: Hennessy, Thayer, Thompson, Wolf
NOES: Ginalski
Moved:
Vote:
I. PUBLIC HEARING
8. Approval of Condominium Conversion Permit and Tentative Subdivision Map - 1860 Centro
West; Dave & Diane Williams, Owners and Applicants; AP#59-061-10.
A) Conditional Use Permit - (Resolution)
B) Tentative Subdivision Map - (Resolution)
Planning Director Anderson said the condominium conversion represented a change in the form of
property ownership, but it was a little unusual because the project now called for a small strip of
land with a fence between the two houses to be designated as the common area. Anderson
suggested that Council might consider modifying the local ordinance to prevent this [loophole]
Town Council AlinUles # J 11 0
April 2. 1997
3
from occurring in the future, but said the Williams' plan followed the Town's current General
Plan.
Mayor Hennessy opened and closed the public hearing concerning the conversion. There was no
public comment.
MOTION:
To Adopt Resolution Approving the Conditional Use Permit for Condominium
Conversion at 1860 Centro West.
Thayer, Seconded by Thompson
AYES: Unanimous
Moved:
Vote:
Mayor Hennessy opened and closed the public hearing regarding the tentative subdivision map.
There was no public comment.
MOTION:
To Adopt Resolution Approving the Tentative Subdivision Map for 1860 Centro
West.
Thayer, Seconded by Thompson
AYES: Unanimous
Moved:
Vote:
Council directed Staff to look into ways to close the loophole which allowed lot splits in the form
of condominium conversion.
J. NEW BUSINESS
9. Wireless Communications Facilities -
A) Planning Commission Recommendation for Temporary Moratorium.
B) Planning Commission Recommendation to Retain Independent Consultant.
C) Council member Ginalski's Request for Letter to be Sent to MMWD Regarding Commercial
Antennae.
D) Town Hall Proposal (Sprint).
9A). Planning Director Anderson said the Planning Commission had unanimously recommended
adopting a temporary moratorium for the approval and installation of wireless communication
facilities at their meeting the previous week.
Anderson said Staff saw a moratorium as an extreme measure and said the Town already had good
police powers and authority over the application and approval process, in addition to the Interim
Standards adopted by CounciL Anderson said Staff was not anticipating a "flood ofapplications."
In response to a question from Councilmember Wolf, Anderson said the Interim Guidelines gave the
Town discretion to renew applications. Town Attorney Danforth suggested a modification could be
made regarding extensions longer than two years in which the applicant would have to agree to any
policy changes adopted by the Town during the permit period.
Councilmember Ginalski asked about the pending application for an antenna in the Sugarloaf area.
Town Council Afiflutes #1110
April 2. 1997
4
Planning Director Anderson said Sprint said it was not in a residential area.
Mayor Hennessy opened the matter for public comment.
Bruce Brendt, 93 Via Los Altos, said he and his neighbors did not want an antenna farm in their
neighborhood. He said it would have an adverse economic impact on them and said they strongly
supported the moratorium. He also asked Council to ask for RFP's from providers other than Sprint.
Michael Hewins, Lot 26 Via Los Altos, said Sprint would turn around and resell 30% of its own
capacity to other providers. He paraphrased Bran Fanning's remarks to the Planning Commission,
that once something goes up, it's hard to get it to come down. Hewins said the antennae would be
intrusive to the neighborhood.
Deirdre Kim, President of Via Los Altos Homeowners' Association, said their group was totally
opposed due to the negative financial implications and the perception that it was a danger to live next
to antennae.
John Bote, attorney for Sprint/Spectrum, said their application was still before the Planning
Commission and therefore a moratorium was not necessary.
Dr. Brendt said, "we are asking [Council] to keep Sprint our of our neighborhood."
Mayor Hennessy closed the public hearing.
Councilmember Ginalski said it was important to address the needs of the Town's constituents, and
said he would support a moratorium that applied to residential areas. He noted that San Francisco
and Seattle had adopted such guidelines.
Vice Mayor Thayer said he was not ready to act since the [Sprint] application was still before the
Planning Commission. He said the Interim Standards were clear with regard to placement in
residential areas.
Councilmember Wolf concurred.
Councilmember Thompson said he would not like antennae in residential areas but, because of the
Interim Guidelines, a moratorium was not necessary.
Mayor Hennessy said the Town wanted antennae in commercial areas, not residential ones. She said
the neighbors could come back to Council, if they chose, after the Planning Commission had made
its findings.
Councijmember Ginalski said there was no coordinated effort countywide regarding applications, and
that Sprint had not been able to provide information regarding alternative sites in Tiburon.
Town Council Minules #1110
April:!. 1997
5
In response to a question from Councilmember Thompson, Town Attorney Danforth said the Interim
Guidelines said residential areas were to be avoided unless alternative sites were infeasible. She also
said that Federal guidelines prohibited limitations due to health concerns.
Council reached consensus to deny the Planning Commission recommendation for a temporary
moratorium.
In a final comment, Mr. Hewins said the Interim Guidelines had not protected his neighborhood, and
that the Staff Report to the Planning Commission said the land surrounding the proposed Sprint
antenna site was "open."
9B). Council also agreed to deny the Planning Commission recommendation to retain an independent
consultant to study site locations. Vice Mayor Thayer said each application was "site specific."
Councilmember Ginalski said he thought it deserved more study.
9C). Council agreed to send a letter to MMWD enclosing a copy of the Town's Interim Guidelines
(concerning the placement of antennae on MMWD water tanks in residential areas near Mt. Tiburon
and Via Los Altos)
9D). Town Manager Kleinert said the Sprint application to place an antenna at the new Town Hall
would go before the Planning Commission. Kleinert said the antennae would not be visible as it
would be placed onto the support structure of the building. He said Sprint would have additional
equipment in the Town's "vault" room, and that alternative storage would be used by the Town Staff.
10) Rotary International Request for "Peace Pole" at New Town HalL Victoria Arnett, Chair of
Heritage & Arts Commission, recommended placement of a special, handcrafted peace pole at the
New Town HalL Virginia Brunini, Rotary President, said over 100,000 peace poles had been placed
worldwide and said she hoped one would be placed in front of the new Town Hall.
There was no public comment.
Councilmember Ginalski said it was an interesting idea, but "art is subjective." He also asked about
the history of the poles and whether they had any religious significance. Ms. Arnett replied that they
did not.
Moved:
Vote:
To Approve Heritage & Arts Commission Recommendation for Placement of
a Peace Pole at the new Town Hall.
Thayer, Seconded by Hennessy
AYES: Hennessy, Thayer, Thompson
NOES: Ginalski
ABSTAIN: Wolf
MOTION:
K. COMMUNICA nONS
None.
Town Council Afinutes # 111 0
April 2. 1997
6
L. STAFF & TOWN MANAGER REPORTS
11. Downtown Main Street ADA Workshop - April 1, 1997. Town Engineer Mohammadi said Staff
was waiting for direction from Council in order to go back to Federal Court on June 5. He said that
further discussion of making Main Street a one-way street was needed, as well as the issue of
inconvenience to Corinthian Island residents. Town Manager Kleinert said that one-way had worked
in the past when repairs were being made to Tiburon Boulevard, and that the Chamber of Commerce
supported the one-way option. Councilmember Thompson said that Planning Commissioner Sadrieh
thought there was also a way to work out a two-way street option, and suggested that the Town
Engineer meet with him.
Councilmember Ginalski asked whether the proposed options had been before the Planning
Commission. Town Engineer Mohammadi said that all the commissioners were invited to the
previous workshop, as well as the April 1 meeting, in which the options were discussed.
Mayor Hennessy suggested that the Beach Road Parking Lot could be changed to include an exit
onto Juanita Lane.
Town Engineer Mohammadi said that a discussion of costs of the projects should also come before
CounciL Council agreed to hear the matter on April 16 and May 7.
12. BelvederelTiburon Emergency Management Training Exercise - March 25, 1997. Town
Manager Kleinert said it had been productive.
13. Status of Senior Housing Project at Ned's Way. Planning Director Anderson said the Phase I
approvals and General Plan amendments would go before the Planning Commission in May.
Anderson also said that an RFP was mailed on February 27 to 28 interested parties, and that a
meeting was held on March 20 in which 12 persons representing four companies were in attendance.
He said only two respondents had followed up and that the proposals were due on May 1.
14. Paradise Drive Visioning Process - Report on March 25,1997 Meeting. Town Manager Kleinert
proposed the Town approve the participation of Polly Smith, Mary von Kaesborg, and Sandra
Stucky on the Steering Committee. However, Vice Mayor Thayer said he had been informed by
Planning Commissioner Greenberg that the Steering Committee had voted to keep their own
representatives 'and not admit anyone else for at least three months.
Planning Director Anderson said the March 25 meeting had been attended by County Planning
Director Riesenfeld and Carol Williams. Anderson said he told the County-appointed consultant,
John Roberto, that the group's plan was not a "community plan," and noted that the study area
proposed by the group included large parts of [incorporated] Tiburon. Vice Mayor Thayer expressed
concern that a small, vocal group in the [Paradise Drive] area was lobbying the County in order to
develop their land
Town Council.J.\,finutes # 111 0
April 2, 1997
7
M. ADJOURNMENT
There being no further business before the Town Council of the Town ofTiburon, Mayor Hennessy
adjourned the meeting at 10: 12 p.m., to the Parks & Open Space Commission Workshop on April
8,1997.
THERESE M. HENNESSY, MAYOR
ATTEST:
DIANE L CRANE, TOWN CLERK
Town Council Minutes #1110
April 2. 1997
8
I/tiA- A/o. 3
Police Department
TOWN OF TIBURON
MEMORANDUM
To:
From:
Subject:
Date:
Members of the Tiburon Town Council
Peter G. Herley, Chief of Police
Statistical Overview - April, 1997
May 14, 1997
Attached is the monthly statistical overview of police activity for the month of April, 1997,
comparative statistics for the statistics for the same month last year, and year-to-date comparisons
from 1996. Also included is a brief summary of various interesting incidents requiring police action.
pf1
CHIEF OF POLICE
Tiburon Police Department
Comparative Statistics
April 1996 - April 1997
3M. 4/97 96 ytd 97ytd 4/96 4/97 96ytd lli1!!
Part I Crimes 9 9 57 37 ARRESTS
Part II Crimes .ll 11. JJ.Q JJ1
TOTAL 42 33 187 149 Adult - Felony 0 I 2 9
Adult - Misdemeanor 15 6 52 42
Part I - Cleared 2 4 13 17 Juvenile - Felony 0 0 I 6
Part II - Cleared .lL Jl 1! II Juvenile - Misdemeanor .Q. .Q. ~ ~
TOTAL 23 21 87 95 TOTAL 15 7 62 67
Drunk Driving Arrests 2 8 9
CRIMES AGAINST PERSONS
II 7 TRAFFIC COLLIS IONS
Assault 2 0
Robbery 0 0 I 0 Injury I I 3 3
Rape 0 0 I 0 Non-Injury A. .1 .1L JL
Horn icide ...Q... ...Q... ...Q... ...Q... TOTAL 7 3 24 15
TOTAL 2 0 13 7
(JTATLQ~S ISSUED
Moving 184 72 548 262
CRIMES AGAINST PROPERTY Parking lQLM 1326 1028
TOTAL 691 462 1874 1290
Burglary - Residential I 2 7 4
Burglary - Commercial 0 I 0 3 AalVITY
Burglary - All Other .Q. ...Q... -L -L
TOTAL I 3 12 8 Calls for Service 463 444 1858 1692
Theft - From Auto I 0 II 3 PROPERTY
Theft - Grand 0 4 7 9
Theft - Petty 5 2 14 10 Property Stolen 3,217 26,189 50,265 50,706
Theft - GT A ...Q... ...Q... ...Q... --.0.. Property Recovered 1,030 3,710 7,589 9,665
TOTAL 6 6 32 22
TIBURON POLICE DEPARTMENT
MONTHLY RECAP
APRIL 1997
Opening Day on the Bay festivities were quieter than normal. Even the large crowd that
showed up at Sam's was well behaved. During the afternoon, only three intoxicated
subjects were arrested. Later in the evening, an Officer and a Reserve Officer attempted
to arrest an intoxicated bicyclist. The cyclist resisted and began assaulting the Officers.
After he was subdued, Officers found methamphetamines and marijuana on him. The
Officers and the suspect were treated at Marin General Hospital for minor cuts and
bruises. He was then booked at County Jail.
Officers assisted the Tiburon Fire Department in extinguishing a structure fire on Centro
East. The fire, which was confined to the deck, was started by a cigarette from a party the
night before.
Officers assisted Mill Valley in searching for a suspect that had just done a window smash
burglary. The suspect was not located.
An off-duty Officer reported an intoxicated driver. The off-duty Officer was able to detain
the suspect until an on-duty Officer could arrive and take him into custody for Driving
Under the Influence.
While on patrol, an Officer located a subject at the Boardwalk Shopping Center who was
"Howling" at the moon. After investigation, the subject was arrested and transported to jail
for public intoxication.
One of our Officers arrested a "deadbeat dad" for driving on a suspended license. The
arrest was a first for our Department where a drivers license had been suspended for
failure to pay child support.
One of our Officers assisted CHP with a Driving Under the Influence crash on Paradise
drive. The driver had fled on foot. Our Officer was able to develop a suspect and turned
the information over to CHP for their investigation.
Two Officers were dispatched to a burglary in progress. The homeowner had come home
and heard someone inside his house. Officers located a suspect hiding in the bushes,
arrested him and brought him to the station. He was later released when the homeowner
decided he didn't want to press charges.
Officers assisted with a capsized sailboat off McKegney Green. Two East Bay residents
were cold and wet, but otherwise uninjured, after the high winds tipped their sailboat over.
A resident reported that an unknown person is attempting to obtain a credit card in their
name. The case is under investigation.
Two drivers got into a confrontation after they each thought they got cut off by the other
driver at the merge lane just past Blackie's pasture. An investigation was conducted and
the report was submitted to the DA's.
The Recreation Department reported a man who had just picked his daughter up
appeared to be intoxicated. The subject was located a short time later at his home. He
was warned about Driving Under the Influence and Child Endangerment
An intoxicated subject was arrested and taken off a Golden Gate Transit Bus after the
driver reported he had passed out and she was unable to wake him.
Officer's assisted with traffic control when an emergency helicopter landed at Shoreline
Park to airlift a seriously injured visitor from Angel Island to the Hospital.
During a residential burglary on Andrew Drive, a resident reported a .38 caliber handgun
was stolen.
Two mail thefts were reported, one on Mercury Drive, and one on Janet Way.
An unknown subject burglar has burglarized 22 churches throughout the county since
January 1 st, including one in our jurisdiction, Shepherd of the Hills.
A Malvino Court resident and a Warren's way resident each reported the loss of
$10,000.00 worth of jewelry from their homes. There are no suspects at this time.
A resident who was having remodeling work done found her laptop computer wrapped up
and hidden in bushes outside her house. It was determined that one of the subcontractors
had taken it with the intention of coming back that night for it. This investigation is
continuing.
An employee of the Cove Hearts and Flowers reported a woman stealing merchandise at
the rear of the store. She was apprehended, then released when the store owner decided
not to press c:harges.
Report prepared by: Sgt. Laura Judd
May 8, 1997
TOWN OF TIBURON
MEMORANDUM
To:
From:
Subject:
Date:
Lieutenant Tom Aiello
Sergeant David M. Hutton
April 1997 Assist Outside Agency Statistics
May 9, 1997
.
.
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The following is an account of the Assist Outside Agency Statistics for our Department for the
month of April 1997, as requested by the Town Council. The report is divided by watch.
WATCH 1
Assist to Belvedere PD 15
Assist by Belvedere PD 13
Assist Marin County SO 3
Assist All Others 4
WATCH 2
Assist to Belvedere PD 0
Assist by Belvedere PD 1
Assist Marin County SO 0
Assist All Others 0
WATCH 3
Assist to Belvedere PD 10
Assist by Belvedere PD 11
Assist Marin County SO 0
Assist All Others 2
cc: Chief Herley
J:ie~ No. L
RESOLUTION NO. 3179
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TmURON APPROVING
THE AMENDMENT OF SECTION 19 OF THE
RICHARDSON BAY JOINT
EXERCISE OF POWERS AGREEMENT
BE IT RESOL YED by the Town Council of the Town of Tiburon as follows:
1) The "Amendment to Section 19 of the Richardson Bay Joint Exercise of
Powers Agreement" (' AMENDMENT') which is attached hereto and by this
reference made a part thereof is hereby approved.
2) The Mayor is hereby authorized to sign said AMENDMENT on behalf of the
Town of Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on May 21,1997, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
THERESE M_ HENNESSY, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE, TOWN CLERK
AMENDMENT NO.2
RICHARDSON BAY JOINT EXERCISE OF POWER AGREEMENT
THIS AMENDMENT is made and entered into this day of ,1997, by and
between the COUNTY OF MARIN, a political subdivision of the State of Califomia, hereinafter referred
to as "COUNTY", and the CITIES OF BELVEDERE, MILL VALLEY, SAUSALlTO and the TOWN OF
TIBURON, municipal corporations of the State of Califomia, hereinafter referred to as 'CITIES".
WIT N E SSE T H:
WHEREAS, COUNTY and CITIES entered into the Richardson Bay Joint Exercise of Powers
Agreement on July 16, 1985; and
WHEREAS, Section 17 of said Agreement provides that the Agreement may be modified by
mutual agreement;
NOW, THEREFORE, the parties do hereby agree that Section 7 of said Agreement is amended
to read as follows:
"On or before May 1 of each calendar year the Agency shall establish the amount of money
necessary to support its activities for the next succeeding fiscal year commencing July 1 of that
year; provided, however, that the opportunity to exercise a "no" vote contained in Section 3
hereof shall be given each member prior to May 1. The parties shall contribute to the Agency
among the parties hereto as follows:
42.5% or $53,125
35% or $43,750
10% or $12,500
5% or $6,250
7.5% or $9,375
TOTAL $125,000
COUNTY
SAUSALlTO
TIBURON
MILL VALLEY
BELVEDERE
Increases in agency revenue in keeping with the cost distribution fonnula may be changed by a
resolution of the goveming board of the member jurisdictions."
IN WITNESS WHEREOF, the parties hereto have entered into this Amendment the day and
year first above written.
COUNTY OF MARIN
By
CITY OF BELVEDERE
By
Date
Date
CITY OF MILL VALLEY
CITY OF SAUSALlTO
By
By
Date
Date
TOWN OF TlBURON
By
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RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON REGARDING THE PARTIAL UPHOLDING OF
AN APPEAL BY FERNANDO AND JENNIE MARCH ALEU
OF THE APPROVAL OF A SITE PLAN AND
.
ARCHITECTURAL REVIEW FOR 47 VIAL LOS ALTOS
(JANCY INC OWNER)
WHEREAS, on October 3, 1996, the Design Review Board held a public hearing
to consider the approval of a site plan and architectural review of a proposed single family
dwelling at 47 Via Los Altos, proposed by Alex Mortazavi of Habitat ("Applicant") on
behalf of Janey Inc. ("Owner"); and
WHEREAS, after receiving public testimony and considering the application, the
Board conveyed its initial concerns regarding the proposed dwelling, primarily focussing
on view blockage, and continued the item until October 17, 1996; and
WHEREAS, on October 17, 1996, the Board held the continued public hearing,
heard and considered the Applicant's presentation; gave specific suggestions as to how to
modify and lower the proposed dwelling in order to diminish its impact on adjacent
neighbors; and continued the matter to November 21, 1996; and
WHEREAS, on November 21, 1996 the Board considered the modifications made
to the proposal in response to its direction of October 17, 1996 and continued the matter
again to allow further response to the Board's concerns; and
WHEREAS, on January 16, 1997, the Board held the continued public hearing and,
after considering further modifications to the proposal, approved the application as
modified with conditions; and
. WHEREAS, shortly after the Board's action, Dr. and Mrs. Aleu of 74 Via Los
Altos ("Appellants") asked planning staff as to their last day to file and appeal and were
erroneously advised that the appeal period expired on January 28, 1997; and
WHEREAS, in reliance on the advice of staff, the Appellants filed an appeal on
January 28, 1997, which was one day after the technical expiration of the appeal period
established by Town Council Policy 95-1 governing such appeals; and
WHEREAS, said appea1 alleged that the project as approved was inconsistent with
the Town's Zoning Ordinance and Hillside Design Guidelines; would result in undue view
blockage; was too massive for the site; was out of scale with the neighborhood; conflicted
in design with the neighborhood; that the story poles erected did not accurately reflect the
true impacts of the proposed project; and that the proposed foyer window would create
excessive glare; and
WHEREAS, the appeal came before the Town Council of the Town of Tiburon on
the May 7, 1997, at which time the Town Council held a duly-noticed public hearing on
the appeal; and
WHEREAS, at the hearing, the Appellants further alleged that the Applicant had
misrepresented the floor area ratio ("FAR") of the proposed project and that in fact the
project was in excess of the maximum FAR for the Site; and
WHEREAS, on March 19, 1997, after hearing all testimony and reviewing all
documents in the record, the Council determined that staff had properly accepted the
appeal on January 28, 1997 consistent with the Town's general practice of granting minor
extensions where appropriate because of internal administrative problems; concurred
generally with the modifications required by the Board and the findings of the Board, all
as set forth in the Town Council staff report by Associate Planner Irene Borba dated May
7, 1997, but further found that the following additional conditions were required to bring
the project into compliance with the Town's Zoning Ordinance and Hillside Design
Guidelines: (1) the maximum height of the roofline shall be lowered by two feet; (2) the
landscape plan shall provide that no trees will grow to exceed the height of the building;
(3) the fireplace shall be changed to a non-wood variety so as to reduce the size of the
chimney, as proposed by the Applicant; and (4) the Town must confirm that the FAR does
not exceed the maximum permitted under the Zoning Ordinance; and
WHEREAS, based on the above findings, the Council unanimously determined to
partially uphold the appeal by the Appellants, impose the new conditions and remand the
application back to the Design Review Board to confirm that the maximum roofline had
been lowered by two feet and that the FAR was acceptable (a vote of 4 - 0).
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of
Tiburqn to memorialize that the appeal of Dr. and Mrs. A1eu was partially granted on
May 7, 1997 as set forth in this resolution.
2
.-
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on May 21, 1997, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
THERESE M. HENNESSY, MAYOR
Town of Tiburon
AITEST:
DIANE L. CRANE, TOWN CLERK
3
T-~J-;th. L
TOWN OF TIBURON
MEMORANDUM
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To:
From:
Subject:
Date:
Tiburon Town Council
Victoria Arnett
Walking Guide to Historic Tiburon - Request for Funds
May 13,1997
The Heritage & Arts Commission is preparing to reprint the "Walking Guide to Historic
Tiburon". Two years ago, we printed an initial run of 75,000 copies. Due to its
immense popularity, that supply is nearly exhausted. The cost to reprint the same
quantity, with the same quality of weather-resistant paper, is $7,390. The printer is
absorbing $800 of the cost, and the paper supplier is absorbing $500. Thus, even with
increased costs, we are only paying $300 more than we did two years ago.
Early this year, the Commission began writing fundraising letters soliciting backing.
Letters were sent to the following:
a. The Chamber of Commerce (which responded with $2,000 as before)
b. Red & White Fleet (which has promised $2,500 as before)
c. Mr. Zelinsky (who assisted with $1,000 last year but declined this year)
d. Owners of each property on Main Street and Ark Row whose business is
housed in one of the historic properties mentioned in the brochure. (We
. requested $150 from each of them; received one response only from
Steve Sears.) (The Chamber has volunteered to contact the merchants
again in a second attempt to elicit their contributions.)
e. The Tiburon Lodge (We requested $1,000 from the Lodge since they are
the largest consumer of the brochure. The Lodge uses the brochure in all
their room packets, and all mailings promoting their establishment. In
addition, a case was recently sent to the Elderhostel group at the Lodge.
A follow-up letter was sent to them last week.) We only asked them for
$1,000 because it appeared that was all we would need to complete the
funds for the reprinting.
For your information, the Commission has decided that if the Lodge
doesn't wish to help with the printing costs, we will have to limit their
supply to a total of around 1,000 brochures. However, we are still hopeful
they will respond.
It has been suggested that we also contact the Rotary Club and the City of Belvedere
for possible assistance. We will write those letters this week.
Meanwhile, we need to make up the difference of $2,740 to get the reprint done.
Heritage & Arts requests that the Council assist us with this amount.
Cordially,
--; / ---- ~ ~
;/~M'L~
Victoria Arnett, Chair
Heritage & Arts Commission
.
Meeting:
Item:
To:
From:
May 21, 1996
-=#=10
TOWN COUNCIL
FINANCE DIRECTOR
ANNUAL AUDIT OF TOWN FINANCIAL STATEMENTS FOR FISCAL
YEAR ENDED JUNE 30, 1996 - ACCEPT REPORT, STATEMENTS
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TOWN OF TIBURON
STAFF REPORT
Subject:
Background:
This item is for acceptance of the audited report and statements of the Town of Tiburon and its
Redevelopment Agency for the fiscal year ended June 30, 1996.
Overview:
Cooper's & Lybrand has conducted and completed the annual audit of the Town's General
Purpose and Redevelopment Agency Financial Statements. The audit commenced in mid-
September and was substantially completed by January 1997. The audited financial statements are
consistent with generally accepted accounting and financial reporting standards. The financial
report includes presentation of the assets, liabilities and fund equity positions of all funds, as well
as the revenues and expenditures of all governmental fund types. Supplemental data concerning
assessed valuation, fund balance history, general fund revenues and expenditures, general
revenues, and building and construction activity is provided. The notes to the financial statements
contain information concerning Town participation in the State Public Employees Retirement
System (PERS), ABAG PLAN liability insurance pool, the Marin County Risk Management
Association workers' compensation insurance pool, the joint powers agreement for recreation
services (BTJRC), as well as information pertaining to long-term obligations including special
assessment debt, bonds payable, and compensated leave payable.
Financial Report organization and information:
The report of the auditor, the general purpose overview financial statements and notes to the
general purposes statements are provided in pages 1 to 26.
Combining balance sheet and income statements for the general fund (operating and designated
reserves), and schedules of revenues and sources of funds and expenditures and uses of funds are
provided in pages 27 to 35.
Combining statements of assets and liabilities, and revenues and expenditures are provided for
special revenue, capital project, and debt service funds (i.e., State Gas Tax, Low/Moderate
Income Housing Fund, Redevelopment Agency General and Housing Set-Aside Funds, Open
1
Space Acquisition Fund, Property Development Tax Fund, Tiburon Boulevard Improvement
Fund, and so forth) in pages 36 to 66.
Supplemental statements concerning the fund balances of the General Fund and its designated
reserves, and other restricted or special purpose Town funds, assessed valuation, general revenues
by source, construction activity and the Town position in PERS is presented in pages 67 to 73.
Report to Town Council:
The auditors have provided required communications concerning their responsibility under
generally accepted accounting standards, significant changes in accounting policies and unusual
transactions, management judments and accounting estimates, significant audit adjustments, and
other issues related to performance of the audit. The auditors also provide recomendations
concerning the disposition of prior year comments, and reccomendations concerning accounting
and operationnal procedures. Staff has discussed the representations with the auditor is
implementing procedural changes where germane andappropriate.
Recommendations:
Town Council accept the report and audited financial statements of the Town ofTiburon and its
Redevelopment Agency for the fiscal year ended June 30, 1996.
Attachments:
1. Report, General Purpose Financial Statements of the Town, June 30, 1996, Component
Unit Statements of Tiburon Redevelopment Agency, June 30, 1996
Copy available at Town Hall
2
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BELVEDERE-TmURON
CHIlD CARE CENTER
May 9, 1997
~~CC~O%7~lQ)
J4AY 1 3 1997
Robert Kleinert
Tiburon Town Manager
1505 Tiburon Boulevard
Tiburon, California 94920
TOWN M,'\NAGER'S OFF'CE
TOWN OF TIBURON
Dear Bob:
As we discussed over the telephone, the Belvedere- Tiburon Child Care Center
would like to use a portion of the old Town Hall building this summer. It would be used
as temporary office and storage space while our new building is under construction. I
appreciate your openness to this proposal.
We would like to use the main (planning department) office area and the two
adjacent storage areas from June 1, 1997 until September 30, 1997. The space would be
used for storage of toys, equipment and furniture, as well as for administrative offices. No
children would be in the space -- we have made arrangements with the Reel:! Union School
District to use two rooms at Bel Aire for the summer program.
We plan to start moving some things into storage beginning June 1. The major
move will take place on Saturday, June 14. We would need access to the office space and
to the storage during the entire period.
If the space is available, would we be able to use it free of charge or would it be on
a rental basis?
1 will call you next week to discuss this matter. If you have any questions, please
call me at 461-3333 during the day, or you may call the executive director of the child
care center, Jeanne AWTey, at 435-4366.
Sincerely,
A --.,
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Aviva ShiffBoedec~ker
Board President
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1185Tiburon Blvd. . Tiburon, CA 94920 . Tel. (415) 435-4366 . Fax (415) 435-0943
,
TOWN OF TIBURON
OFFICE OF THE TOWN ENGINEER
1155 TIBURON BLVD.. TIBURON. CA 94920
(415) 435-7369 Fax (415) 435-2438
];/4- i/o, ..&
May 7, 1997
M.MW.D.
Attn: Glenn Young
220 Nellen Avenue
Corte Madera, CA 94925-1169
PG&E
Attn: Charles Only
999 Third Street
San Rafael, CA 94901
Sanitarty District #5
P.O Box 227
Tiburon, CA 94920
Richardson Sanitary District
Attn: Frank Dittle Jr.
500 Tiburon Blvd.
Tiburon, CA 94920
RE: STREET REPAIRS AND MAINTENANCE
We are writing to inform you of our impending road revamping project and to request
your comments regarding any possible utility conflicts. The roads identified for work
are:
Street Name Type of Work Limits of Work
East Terrace Overlay Entire street
From East Terrace to
North Terrace Overlay intersection of Upper N.
Terrace and Lower N. Terrace.
Terrace Ct. Overlay Entire street
Greenwood Ct. Overlay Entire street
Venus Ct. Overlay Entire street
Greenwood Beach Rd. Slurry Seal From 396 Greenwood Beach
Rd. to end.
McCart Ct. Overlay Entire street
Pine Terrace Overlay Entire street
Palmer Ct. Overlay Entire street
Sommer Ct. Reconst. Entire street
Theresa Ct. Overlay Entire street
Mara Vista ct Overlay Entire street
Stewart Dr. Overlay From Tiburon Blvd. to
.
intersection of Silverado Dr.
Centro West St. Overlay From Esperanza St. to 300'
east of 1812 Centro W. St.
Centro West St. Overlay Form 1900 Centro W. to 1934
Centro W. St.
Mar East St. Overlay From Linda Vista Ave. to 2236
Mar East St.
Mar East St. Overlay From Solano St. to Paradise
Drive.
Esperanza St. Overlay From Mar West St. to Centro
WestSt.
Lyford Dr. Overlay From Tiburon Blvd. to
intersection of Roundhill Rd.
There is a possibility that Lagoon View will be slurry sealed as part of maintenance.
Our intention is to begin the referenced work in late June of this year. We are
anticipating that the biggest impact to your facilities will be the need to raise boxes,
manholes and similar facilities to match the new roadway grades. However, we are
also requesting that you conduct any repairs or installation of your facilities prior to the
road work. The Town of Tiburon is intending to apply a one year 'no trenching'
moratorium.
Thank you for your cooperation. If you have any questions please contact me at (415)
499-6549.
Sincerely
~rL/'
Siavash Barmand
Town Engineer
cc: Robert L. Kleinert, Town Manager
TonY lacopi, Superintendant of Public Works
.
~
Belvedere City Council
Tiburon Town Council
Joint Community Workshop
DOWNTOWN MAIN STREET ADA IMPROVEMENTS
SPECIAL MEETING NOTICE
Thursday, May 22, 1997
7:30 p.rn.
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon
AGENDA - Revised 5/22/97
I. Roll Call
Belvedere City Council - Otter, Faggioli, Helfrich,
Johnson, Wiley
Tiburon Town Council - Hennessy, Ginalski, Thayer,
Thompson, Wolf
II. Mayors' Introductory Comments
-Belvedere Mayor Ann Otter
- Tiburon Mayor Terry Hennessy
III. Review & Analysis of Improvement Options
(Town Engineer)
IV. Questions & Comments by Elected Officials
V. Public Questions, Comments & Discussion
VI. Cost-Sharing & Funding Sources
VII. Adjournment
Distribution:
Belvedere City Council & Tiburon Town Council
Corinthian Island Residents
Tiburon Peninsula Chamber of Commerce
Downtown Main Street Businesses involved in Connallv Lawsuit
Richard Skaff/rom Frankovich
The Ark/lndependent Journal
~
Belvedere City Council
Tiburon Town Council
Joint Community Workshop
MEETING NOTICE
Thursday, May 22, 1997
7:30 p.m.
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon
AGENDA
I. Roll Call
II. Public Questions & Comments
III. Discussion of Downtown Main Street ADA
Improvement Options
V. Discussion of Cost-Sharing and Funding
Sources
VI. Adjourn
Distribution:
Belvedere City Council & Tiburon Town Council
Corinthian Island Residents
Tiburon Peninsula Chamber of Commerce
Downtown Main Street Businesses involved in ConnallvLawsuit
Richard Skaff
Tom Frankovich
The Ark/lndependent Journal
TOWN OF TIBURON
OFFICE OF THE TOWN ENGINEER
1155 T1BURON BLVD., T1BURON, CA 94920
(415) 435-7369 Fax (415) 435-2438
MEMO
DATE:
May 12, 1997
TO:
Town Manager
Town Engineer ~
FROM
RE: Main Street ADA Issue
To further attempt to resolve the Down Town Main Street ADA
improvements issue, I have modified the "option 3" design in order
to address some of the concerns raised in last week's Town Council
meeting.
The attached reduced copy of the "Modified Option 3" calls for
improvements to be limited to Lower Main Street only, A two way
Street with 10 ft. lanes in either direction plus a delivery/parking
lane on the North side of the Street accommodating up to 11 parking
spaces is proposed. The sidewalk on the south side will be 7 ft. wide.
The North sidewalk will remain 5 ft. wide with 4 sidewalk pop-outs
5' wide x 26' long to facilitate safe passage of the pedestrians and the
disabled persons with wheelchair. The proposed disabled parking
space may remain in front of Portofino's or it could be relocated to
Tiburon Blvd., in the vicinity of the New Morning cafe, The access to
the Purdy Building will still require to have a ramp approximately 9
to 12 inch high, or in-store doorway modifications.
Although the idea of addressing the safety concerns on the Ark Row
in conjunction with the design solutions for the lower Main Street
does have long-range benefits, however, given the importance of
reaching a timely resolution to the Main Street ADA problem, I
recommend separating the two issues for now. I would also like to
actively pursue a solution for the Ark Row traffic safety problems,
taking into account the concerns of the Corinthian Island residents
and the City of Belvedere, The attached "Modified Option 3" design
does allow for a switch to a one way Street without having to change
any of the infrastructure. Should the need to change the lower Main
Street to a one way Street on a trial or permanent basis arise in
future, it can be done by merely changing the striping on the Street.
I hope this modified design would help reaching a final solution for
the Main Street ADA issue. The overall cost of this modified solution
is estimated to be in the $200,000. range, similar to option 2 and 3.
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