HomeMy WebLinkAboutTC Agd Pkt 2000-08-02
TIBURON TOWN COUNCIL
AGENDA
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REGULAR MEETING
TOWN OF TIBURON
1505 TIBURON BL YD.
MEETING DATE:
MEETING TIME:
INTERVIEW:
AUGUST 2, 2000
7:30 P.M.
7:15 P.M.
PLEASE NOTE: In order to give all interested persons an opponunity to be heard, and to ensure the presentadon of all
points of view, members of the audience should:
(1) Always Address the Chair; (2) State Name and Address; (3) State Views Succlnctlyj (4) limit Presentations to 3 minutes; (5)
Speak Directly inlo Microphooe.
A. INTERVIEW - (HERITAGE & ARTS COMMISSION VACANCY)
. Andrea Morgan, 2133 Paradise Drive
B. ROLL CALL
C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
D. PUBLIC OUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda to matters 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 caIled. Presentations are limited to three (3) minutes. Matters requiring
action will be referred to the appropriate Commission, Board, Committee or Staff for consideration
and/or placed on a future meeting agenda.
E. COUNCIL. COMMISSION & COMMITTEE REPORTS
F. CONSENT CALENDAR
The purpose of the Consent Calendar is to group Items together which generally do not require
discussion and which will probably be approved by one modon unless separate action is required on
a particular item. Any member of the Town Council, Town Staff, or the Public may request
removal of an item for discussion.
I) TOWN COUNCIL MINUTES - No. 1193 - June 21,2000; No. 1194 - July 5, 2000-
(Adopt)
2) TRAFFIC SAFETY COMMITTEE MEETING MINUTES - July 26, 2000 -
(Accept)
3) CHANDLER'S GATE (formerly Ned's Way Garden Homes) - Approval of Final
Subdivision Map for 25 Lots at Ned's Way & Tiburon Boulevard - AP No. 58-151-
35; (Tiburon Redevelopment Agency, Owner; Ned's Way LLC, Applicant)-
(Resolution)
G. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES
4) HERITAGE & ARTS COMMISSION - (One Vacancy)
H. UNFINISHED BUSINESS
5) AMICUS BRIEF REQUEST - Fair Housing Foundation of Long Beach v. City of
Lakewood - Ninth Circuit Court of Appeals Case No. 00-55060 - (Contirmedfrom
July 19, 2000) - (Memorandum from Town Attorney to be submitted)
I. PUBLIC HEARING
6) 210 & 220 GILMARTIN DRIVE -- (Request for Approval of Vista Golden Gate
Estates Precise Development Plan & Mitigated Negative Declaration) - Alexander &
Yami Anolik, Applicants - AP# 39-171-05
(u'Y' n ilA,/..fd fo ~ I 0/) aD D
J. STAFF & TOWN MANAGER REPORTS
7) CORTE MADERA HOUSING ELEMENT UPDATE - (planning Director)
K. COMMUNICATIONS
8) SPECIAL EVENT PERMIT - I MAIN STREET - (Angel Island Association &
Boudin Bakery; Promotion for Victorian House Tour on August 5 & 6, 2000)
L. ADJOURNMENT
Future Allenda Items
--Marin Emergency Radio Authority (MERA) Appeal of Planning Commission Denial of Antenna Site Application -
(A ugustl 6)
--POSC Recommendationfor Dog Waste Receptacle System in Town Parks and Multi-Use Path - (August 16)
--}..11LL VALLEY REFUSE SERVICE FRANCHISEAGREEMENT - (Consideration of additional service for Town
Parks Garbage Pick-up) - (August 16)
-- AVENIDA MIRAFLORES MEDIAN STRIP LANDSCAPING - (Request by Del Mar Valley Property Owners'
Associationfor Portion of Town Water Allocation) - (Continuedfrom July 19,2000) - (August 16)
-..223 DIVISO STREET - Appeal of Design Review Board Decision Denying Application for Legalization of an as-
built Fence on and near property - AP No. 059-]31-07 - (Malcolm Misuraca and Victoria Brieant,
Applicants/Appellants) - (August 16)
-BELVEDERE DRAlNA GE DIVERSION PROJECT - Review of Landscape Plan - (August 16)
-- PT. TfBURON (RAILROAD) MARSH MAINTENANCE PROGRAM- (Consideration of proposal from
Waterworks. Inc. for ongoing maintenance program) - (August 16)
--36 SOUTHRIDGE WEST - Request by Town Council for Modification to as-built deck - (Continuation of June 7,
& July 19, 2000 Appeal Hearing of Design Review Board Decision to Town Council) - AP No. 34-311-11- (Lalita
Waterman, Applicant/Appellant) - (September 6)
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_ Date Application Received:
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Interview Date: t, .)-00
_ Appointed to:
(Commission, Board or Committee)
(Date)
_ Date Term Expires:
Length of Term:
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2
ANDREA MORGAN
2133 Paradise Drive
Tiburon, California 94920
(415) 43~:!38 phone (415) 435-2675 fax
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CAREER
Cultural Educatiou Collaborative (Charlotte, NC). Writer and Editor (1999-2000)
The Light Factory for Photographic Arts (Charlotte, NC).Vice President (1997-2000)
Arts & Science Council (Charlotte, NC). Grants Panelist (1997-1998)
Bard College Graduate Center for Studies in the Decorative Arts (New York, NY).
Director of Development (1993-1995)
The New-York Historical Society (New York, NY). Associate Director of Development (1989-1992)
National Foundation for Jewish Culture (New York, NY). Grants Panelist (1987-1989)
The RockefeDer Foundation (New York, NY). Arts and Humanities Program Associate (1985-1989)
The Jewish Museum (New York, NY). Curatorial Assistant (1983-1985)
The Brooklyn Museum of Art (Brooklyn, NY)
Isabella Stewart Gardner Museum (Boston, MA)
Solomon R. Guggenheim Museum (New York, NY)
Museum Intern (1977-1981)
PUBLICATIONS
Tapestry: Weaving the Arts and Education (Cultural Education Collaborative, Charlotte, 2000)
Author and Editor
EDUCATION
National Arts Stabilization Fund. Strategic Management in a Ch<mgiT1g Environment (Charlotte, 1999)
Columbia University School of Journalism (New York, NY) Cultural Affairs Reporting (1985)
New York University IDstitute of Fine Arts (New York, NY). MA Art History (1984)
American School of Qassical Studies (Athens, Greece); American ExcavatiODS (Samothrace) (1983)
Brandeis University (Waltham, MA). B.A Art History (1980), Phi Beta Kappa, Magna Cum Laude
Temple University and Tyler School of Art (Rome, Italy) (1979)
Phillips Exeter Academy (Exeter, NH) (1975)
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TOWN OF TIBURON
SPECIAL V ACANCY NOTICE
(Town Commissions, Boards & Committees)
Unscheduled Vacancies - JUNE & JULY 2000
HERITAGE & ARTS COMMISSION -
(Statutory Authority: Section 13B-2 of Tiburon Municipal Code)
Purpose:
The Heritage & Arts Commission works to preserve and protect those
buildings, sites, works of art and other objects which have special
historical, cultural or aesthetic character or interest to the Tiburon
Peninsula. Appointees serve staggered, four -year terms.
The Commission establishes educational programs and awards focusing on
the unique history of the area. The Commission works on special
community projects and events and is interested in planning events that
would provide a forum for local artists to showcase their work.
Qualifications:
Town Council Resolution No. 3329, adopted on 5/5/99, states that "at
least four (4) members shalI be residents of the Town of Tiburon, two (2)
may be residents of the City of Belvedere, and one (1) may be a resident of
the unincorporated area of the Tiburon Peninsula. "
Applicants shall have the interest, desire, and time available to help
promote projects related to the history and art of the Tiburon Peninsula. A
formal art/history background is preferred but not required.
An unscheduled vacancy on the Commission occurred as folIows:
Appointee Date Appointed Date Resifmed
I) Valerie CastelIana May 2000 June 2000*
Term Exvires
February 2001
(4- year term)
* Job Relocation
Interested residents of either Belvedere, Tiburon, or the unincorporated area of the Tiburon
Peninsula can pick up an application form at Town Hall, 1505 Tiburon Boulevard, or contact
Town Clerk Diane Crane Iacopi at 435-7377 for more information.
NEW Deadline for Receipt of Applications:
Julv 28. 2000
7/10/00 - Posted at Tiburon Town RalI and Belvedere-Tiburon Library
cc: Tiburon Town Council/Town Staffi'Commissioners
The Ark & Marin Independent Journal
TOWN COUNCIL
MINUTES
DR4Fl'
I~~/J. / ~
CALL TO ORDER
Mayor Gram the regu meet
on Wednes y, June 21,2000, in To
California.
g of the Tiburon Town Council to order at 7:40 p.m.
Council Chambers, 1505 Tiburon Boulevard, Tiburon,
I. INTERVIEWS
Council interviewed Allan Bortel, 8 Corte Palos Verdes, for a pending vacancy on the
Belvedere/Tiburon Library Agency Board of Directors created by the resignation of Allan
Littman.
A. ROLL CALL
PRESENT COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
Bach, Gram, Hennessy, Thompson
Matthews
PRESENT EX OFFICIO:
Town Manager Kleinert, Planning Director
Anderson, Associate Planner Theriault, Finance
Director Stranzl, Superintendent of Public Works
Iacopi, Acting Chief of Police Lt. AielIo, Town
Clerk Crane Iacopi
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If anv)
Mayor Gram said a personnel matter was discussed in closed session but no action was taken.
C. PUBLIC OUESTIONS AND COMMENTS
Barbara Meislin said there was much concern in the community over the lack of opportunity for
public comment prior to the removal of the vegetation on the multi-use path for the Belvedere
Drainage Diversion project. She asked Council to avoid these bad feelings in the future.
Jim Malott, said the design of the path and placement of the drainage improvements would not
allow [re- ]planting of 10 -14 foot shrubs. He said the dimensions or the location of the culvert
needed to be changed in order for the foliage to be replaced. Furthermore, Mallot said, the
removal of the foliage had lowered the property value of the homes in Belvedere along the path.
He said some people were suggesting that the design be revisited and that there was even talk of
filing an injunction to stop the project.
D. COUNCIL. COMMISSION & COMMITTEE REPORTS
Vice Mayor Thompson said he had attended another hearing on the Rule 20A rule-making
changes for undergrounding of utilities.
Town Counci/Minules #1193
June 21.2000
Page 1
E. CONSENT CALENDAR
I) TOWN COUNCIL MINUTES - No. 1191, May 17, 2000 - (Adopt)
2) REQUEST FOR WAIVER OF ANNEXATION - 3560 Paradise Drive, Marvin R. Baxter
Trust, Owner; CSW/Stuber-Stroeh, Applicant - AP Nos. 58-031-18 & 19; 58-011-05 -
(Authorize Execution of Agreement)
3) ST ATE TRANSPORTATION IMPROVEMENT (STIP) FUNDS - Authorize Town
Manager to Execute State Master Agreement for Funding, Program Supplements and any
Amendments thereto - (Resolution)
4) AMICUS BRIEF REQUEST - County of Sonoma et al. v. California Department of
Finance, et al. - (Court of Appeal First Appellate District Division One; 1 Civ. No.
A089524) - (Approve)
5) 1972 OPEN SPACE BONDS - (Discontinuation of Special Tax Levy effective June 30,
2000 & Authorize Transfer of Fund Balance to Restricted Open Space Acquisition Fund)
MOTION:
Moved:
Vote:
To approve Consent Calendar items I through 5, above.
Bach, Seconded by Thompson
AYES: Unanimous
ABSENT: Matthews
F. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES
6) CURRENT VACANCIES -
A. Planning Commission
B. Belvedere/Tiburon Library Agency Board
C. Bicycle Pedestrian Advisory Committee
Town Clerk Crane Iacopi informed Council of the notice period for the vacancies on the above
Commissions. No appointments were made.
G. PUBLIC HEARING
7) 20 TANFIELD DRIVE - APPEAL OF DESIGN REVIEW BOARD DECISION RE:
Denial of a Site Plan and Architectural Review Application for Legalization of as-built
Fencing and Lighting associated with a Sports Court installation and for a proposed
Property Line Fence - (Ron & Grace Elijah, Appellants) - AP No. 39-081-19
Associate Plarmer Theriault said that at its April 20, 2000, the Design Review Board voted to
deny a Site Plan and Architectural Review for legalization oflighting and fencing associated with
a sports court and for installation of a chain link property line fence at 20 Tanfield Drive.
Theriault said that concerns were raised by the neighbors regarding noise and privacy issues,
exacerbated by the lighting and potential nighttime use of the sports court. She said the Board
shared these concerns, and further agreed that the chain link fencing was not in keeping with "the
park-like character" of the neighborhood.
As a result of the denial, the Applicants filed an appeal to the Town Council.
Town Councill'vlinutes # 1193
June 21,2000
Page 2
Mayor Gram asked for clarification on what was being appealed--the lights, fence or basketball
hoop? Associate Planner Theriault said the hoop was part of the sports court facility, which
required design review, but that the Design Review Board did not deliberate it.
Attorney Rob Epstein, representing Appellants Ron & Grace Elijah, said that his clients had not
attended the Design Review Board hearing on April 20, 2000 because they had been told [by
Town Staff] that their requests were "reasonable." Mr. Epstein then introduced Don Crow,
architect for the sports court, and said Elijahs were "not wedded" to any particular design for the
[perimeter] fencing.
Epstein said there were a number of inaccuracies in the record, one being that the Elijah children
were playing on the court at 6: 15 a.m. He said his clients denied this contention and that the
author of the letter, Mrs. Nielsen, lived nowhere near the Elijah home.
With regard to the sports court fence and lights, Attorney Epstein said there were not visible from
any other property. He said there were only two or three locations to place the court, but one
was a [ septic tank] leach field and the other would create a view blockage for his clients.
However, he said his clients would be happy to restrict the use of the court to certain hours.
Furthermore, according to Epstein, the lights had never been turned on in the court.
Attorney Epstein said his client, Mr. Elijah, was concerned about security in the neighborhood
and that lighting and fencing would help provide safety and security for his family. He noted that
four of the Elijah's neighbors had [perimeter] fences, and three did not. Epstein said his clients
would be happy to work with the Town on the height and color issues.
In response to a question from Councilmember Hennessy, Mr. Crow said he did not design the
original plan for the sports court but subsequently had advised the Elijahs that they would need an
electrical permit for the lighting.
Councilmember Bach and Hennessy asked about an existing [black] fence. Mr. Epstein and Mr.
Crow said it was not new; that it was an ornamental fence installed for the purposes of
landscaping. Councilmember Hennessy wanted to know if they wanted an additional fence on the
perimeter. They replied affirmatively and said it was to mark the property and to provide
additional security.
Planning Director Anderson clarified that within the setback, a maximum six-foot fence could be
built up to the property line.
For purposes of clarification, Anderson said that the Tiburon Peninsula Club had 24,000 watts of
light for four sports courts compared to the 1500-watt standard for seven lights sought by the
Elijahs.
Mayor Gram opened the hearing to the public.
Town CouncilMinules #1193
June 21,2000
Page 3
Frederick Hicks, 21 Tanfield Drive, contested Attorney Epstein's statement and asserted that the
Elijah children were playing on the court very early in the morning on two occasions.
Mr. Hicks said he found out that the Elijahs did not have permits for the work and informed them
that they would need them. He said the DRB unanimously and emphatically denied the lighting
and fencing and asked Council to do the same. He said he had raised six children at that location,
but he did not like the positioning of the Eliajh's sports court near his dining room and office.
Hicks further stated that he had lived in the neighborhood for 30 years with no fencing or burglar
alarm system.
Councilmember Hennessy asked whether it was within the Town's purview to discuss the
basketball stanchion. Planning Director Anderson said the Town made a distinction between
fixed and portable stanchions, and that this fixed stanchion did require design review.
Mayor Gram asked if the Town Council was alIowed to address this issue within the forum of the
appeal being heard. Planning Director Anderson said the Council could perform a "de novo"
review of everything reviewed by the Design Review Board.
DRB Chairman Wayne Snow said the Board addressed all the structures over three feet talI,
including the lightpoles and basketball stanchion.
Herb Bals, 18 Tanfield Drive, said he was also opposed to the chain link fence.
Mary Hicks, 21 Tanfield Drive, said a double fence was not necessary for security, and noted that
the Elijahs already had motion lights installed. She said the suggestion of a plexiglass fence was
"horrible,", as it would turn yellow and scratch with age.
Mrs. Hicks affirmed her husband's statement about the children playing on the court, stating that
she brought breakfast to her husband at 6:10 a.m. and "they were bouncing the ball."
Wayne Snow, DRB Chair, said the issue of the (perimeter) fence was first presented as a "deer"
fence, then a property line fence, and now a fence needed for security. He said the three lights on
the court, each 18 feet tall, would total 4500 watts. He also posed the question of who would
"police" the court if the Council limited its use to specific hours of play.
Vice Mayor Thompson asked for clarification, stating that the DRB denied the [perimeter] fence,
light poles, but asked whether the sports court fencing was over three feet.
Councilmember Hennessy asked DRB member Bill McLaughlin whether he thought it would be
possible to build the court in another area. He replied that he did not know that the grassy area
was a leach field, but thought the court could be located near the pool.
McLaughlin also said the Board "tried to eliminate the sports court pad but couldn't," so they
"stuck to the [sports court] fence."
Town Council Minutes # 1193
June 21.2000
Page 4
During his rebuttal, Mr. Elijah said the improvements to his property were not visible to Mr.
Hicks. He said he was unaware of any permit requirements since his "entire yard" was being
worked on at the time He said that security was important to him since he traveled so much of
the time, and felt that the perimeter fence was a "reasonable request."
Mr. Epstein said that Design Review boardmembers were now trying to "expand the record" and
urged Council to look at the minutes of the meeting and Resolution 2002, subsection D. He said
there was nothing in the record about the basketball hoop and "anything over three feet."
Councilmember Hennessy rebutted by saying that the Town Council had the right to look at all
issues. She said the sports court was "inappropriate" in that setting, and that the lighting, fence
and the permanent hoop should be removed.
Vice Mayor Thompson said he had visited the Elijah's and neighbors' homes. He said he did not
think the location of the court was bad and that the fence around it was not a "visual impact." He
said it served an added benefit, and possibly to the neighbors as well, by keeping balls from going
out. He said he had no problem with the basketball hoop.
However, Thompson said the lighting was another issue. He said the Elijah's court was half the
size of a regulation court but with even more wattage. Thompson said the DRB was correct in
stating that the "best regulator" was natural light.
With regard to the property line fence, he said he was" 100%" against it, stating that he felt that
way about every property in Tiburon. He said it was important to maintain open space, and that
Tiburon's "rural nature" was one of the Peninsula's prized assets. He noted that the Turtle Rock
subdivision banned them for this purpose. Thompson also questioned whether a six-foot fence
would stop an intruder.
Councilmember Bach said he sided with Councilmember Hennessy but was in favor ofleaving (a
portable) basketball hoop. He said he agreed with Vice Mayor Thompson's analysis of the
lighting and perimeter fence.
Mayor Gram said he understood the Elijah's desire to have a sports court for their teenage sons,
but said he knew the tendency would be to play late into the evening, especially in the summer
months.
MOTION:
Moved:
Vote:
To deny the Elijah's appeal.
Hennessy, Seconded by Bach
AYES: Hennessy, Bach
NOES: Gram, Thompson
ABSENT: Matthews
Motion failed.
Town Council Minutes #1193
June 21, 2000
Page 5
Attorney Epstein asked if Council was voting to deny any perimeter fence, not just the chain link
one. Council answered affirmatively.
Vice Mayor Thompson asked about the sports court fence. The architect, Mr. Crow, said it
consisted of poles and netting.
MOTION:
Moved:
To deny the Elijah's appeal but approve (leave) the basketball hoop and sports
court fencing.
Thompson, no second.
Motion failed.
MOTION:
Moved:
Vote:
To deny the Elijah's appeal but approve (leave) the basketball hoop.
Gram, seconded by Thompson
AYES: Bach, Gram, Thompson
NOES: Hennessy
ABSENT: Matthews
Planning Director Anderson said Staff would return with a resolution of findings, pursuant to the
Town's policy.
Mayor Gram left the meeting at 9:05 p.m. Vice Mayor Thompson continued the meeting.
8) FY 2001-2002 TWO-YEAR TOWN BUDGET-
A. Department Operating Budgets
B. Capital Improvement Budget
A. Department Operating Budgets -
Finance Director Stranzl gave an overview of the operating budget, stating that as drafted, there
would be a $250,000 surplus.
Councilmember Hennessy suggested that the Town look into "substantially" raising fees for work
without permits. She also suggested that more Staff be included in more computer training and
that Staff reports be put on the Town web site.
Vice Mayor Thompson posed the question of adding more Planning Staff since he had heard that
the Town was "behind" on plan checks. Planning Director Anderson said the delays were usually
a result of the architects failing to turn around requested changes in a timely marmer.
Acting Chief of Police Lt. Aiello said that his department was emphasizing recruitment in the next
year since they would be down two to three officers by the end of July.
Town Manager Kleinert said that every community was competing for law enforcement personnel
and the "we need to make Tiburon more attractive."
Town Council Minutes #1193
June 21.2000
Page 6
Town Manager Kleinert said that Public Works Superintendent Iacopi had developed the new
position of Maintenance Mechanic to save the Town money, and that it would pay for itself
through fleet management and maintenance.
Mr. Iacopi stated, however, that his department had a more immediate need for an additional
landscaper. He said the current crew was always running behind and was nearing "bum out. "
Vice Mayor Thompson and Mayor Bach concurred that the Town had taken on more landscaping
projects and this request should be considered. They also acknowledged the Public Works
Department for keeping the Town looking nice.
Finance Director Stranzl said the use of Town engineering services was increasing, driven in part
by Staff and Town Council requests. He higWighted the Main Street Assessment District and
Centro West speeding issues as examples of time-consuming activities.
Councilmember Bach said the Council had made the decision to "contract out" for engineering
services and the Town might be nearing a point where it would be appropriate to hire in-house
Staff.
B. Capital Improvement Budget -
Town Engineer Schwartz and Deputy Town Engineer Hugunin discussed the current year street
repair program, scheduled to go out to bid in August. Schwartz said that this program would
take care of all the streets currently "in the works" and a new program for the next five years
would be formulated thereafter.
A brief discussion about drainage projects at Raccoon Lane and Reed Ranch Road also ensued.
Vice Mayor Thompson said that the surface of the multi-use path needed to be re-surfaced. He
directed Staff to follow-up on Proposition 12 funding, stating that this project would be a good
candidate for grant funding.
Finance Director Stranzl said that $25,000 was in the budget to start the initial planning for the re-
build of the Corporation Yard. Town Engineer Schwartz said he was also reviewing the
possibility of receiving some seismic retrofit grant funds for this project.
H. STAFF & TOWN MANAGER REPORTS
9) CAL/TRANS TffiURON BOULEVARD ISSUES - (Town Manager Oral Report)
Town Manager Kleinert said representatives from the Stewart Drive homeowners group had
asked for meeting at the Council level to voice their ongoing concerns about safety issues at the
intersection of Stewart Drive and Tiburon Boulevard.
Town Council Minutes #1193
June 2 I, 2000
Page 7
Council agreed with Kleinert's recommendation to first hold a meeting with CAL/TRANS
representatives, homeowners, and Town officials to discuss the issues. Two possible dates in
July were discussed.
I. COMMUNICATIONS
10) BLUE & GOLD FERRY DOCK UPGRADE & SERVICE - (Letter from Vice President
of Contract Services Pip ElIes to Town Manager, dated June 10, 2000)
Item noted.
J. ADJOURNMENT
There being no further business before the Town Council of the Town ofTiburon, Mayor Gram
adjourned the meeting at 9:56 p.m., sine die.
TOM GRAM, MAYOR
ATTEST
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #1193
June 21,2000
Page 8
J1e~ ttJa, I (~J
TOWN COUNCIL
MINUTES
DRAFT
CALL TO ORDER
Mayor Gram c e ere I meeting of the Tiburon Town Council to order at 7:35 p.m.
on Wednesd ,July 5,2000, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
A. ROLL
PRESENT COUNCILl\ffiMBERS:
Bach, Gram, Hennessy, Matthews, Thompson
PRESENT: EX OFFICIO:
Town Manager Kleinert, Planning Director
Anderson, Senior Planner Watrous, Finance
Director Stranzl, Superintendent of Public Works
Iacopi, Acting Chief of Police Lt. Aiello, Town
Clerk Crane Iacopi
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
Mayor Gram said Council reviewed resumes of potential Town Manager candidates, but no action
was taken in closed session.
C. PUBLIC OUESTIONS AND COMMENTS
Elizabeth Bumbesti, 2 Lyford Drive, asked Council to consider a ban on truck parking and
loading/unloading in the Cal/Trans Highway 131 right-of-way located adjacent to her home.
Barbara Meislin urged Council's continuing support of the undergrounding of utility poles. She
said a "negative could be turned into a positive" if the poles were undergrounded along the multi-
use path (where the foliage had been removed for the Belvedere Drainage Diversion project).
D. COUNCIL. COMMISSION & COMMITTEE REPORTS
I) PRESENTATION OF 5TIl ANNUAL HERITAGE PRESERVATION AWARD-
(Larry Smith, Recipient) - (Donna Kline, Chair - Heritage & Arts Commission)
Kline presented the award to Larry Smith for his successful efforts to save and preserve Blackie's
Pasture. She also credited feIlow commissioner Victoria Arnett for creating the award.
In his acceptance speech, Larry said he was proud to have turned "a mudhole or dust bowl into
something we can be proud of" at no cost to the taxpayers.
Smith acknowledged members of Town Staff who had been instrumental in the process: Dave
Davenport, Tony Iacopi, Stan Bala and Sia Barmand. He also acknowledged members of
"Blackie's Brigade": Bruce Abbott, Mogens Bach, Jim Mitchell, Richard HiIl, John Kern, AI
Kuhn, Joanne Ferro, Way Snow, Gary Spratling, Andrew Thompson, and Bruce Ross.
Town Council Minutes #1194
July 5, 2000
Page 1
For the gardens adjacent to the pasture, Smith credited Mirella Abo, Hazel Carter, Harvey
Rogers, and a grant from the children of Ruth Leese
Members and former members of the Tiburon Peninsula Foundation were acknowledged--John
Hoffinire, Barbara Matthews, George Gnoss, Arno Rayner, Paul Peterzell, Steve Sears, and Petey
Stein--along with members of Smith's family who were present in the audience.
Finally, Smith acknowledged artist Albert Guibarra, the creator ofBlackie's Statue.
2) PUBLIC UTILITIES COMMISSION - PUC Hearings (Rule 20A Rulemaking) -
(Vice Mayor Thompson)
Vice Mayor Thompson gave some background concerning the hearings on the proposed rule
changes mandated by the State Legislature. He said the changes would be submitted to the
Legislature in the Fall. He noted that the Town of Tiburon, along with the cities ofOaldand and
Berkeley, had taken the lead in advocating the expansion of the Rule 20A funding and projects
during these hearings.
E. CONSENT CALENDAR
3) TOWN COUNCIL MINUTES - June 7, 2000 - (Adopt)
4) TOWN MONTHLY INVESTMENT SUMMARY - As of May 31, 2000 -
(Accept)
5) CYPRESS HOLLOW LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT - FY 2000-2001 Assessment - (Adopt Resolution)
6) UPPER STEWART DRIVE UTILITY UNDERGROUNDING ASSESSMENT
DISTRICT - Updated Resolution ofIntention to Conduct Proceedings in
Accordance with Federal Tax Regulations - (Adopt)
Councilmember Hennessy asked that a statement she made during the June 7,2000 Town Council
meeting be added, verbatim, to the Minutes. Town Clerk Crane Iacopi read into the record:
"One of the things I did was contact Irene Borba, who had been the Associate Plarmer
here at the Town for many years. I didn't talk to her directly but I left her with a message
specifically asking her whether Mr. Waterman had been in contact with her the couple of years
prior to purchasing this house, and what was her remembrance of her conversation with him. And
I took this verbatim off the tape, my voice mail. She stated:
'Mr. Waterman came into the Planning Department in Tiburon to check on
his property to check what he could do with them. I do recall going out to
his property. He showed me around his property. He showed me the
plans. He showed me what he was going to do. I remember the entryway.
I do remember the deck going to be there. As far as the calculations go, I
think it was just something the architect overlooked, unfortunately, and
also probably as far as Planning Staff is concerned, they did not notice, it
wasn't shown on the site plan, but it was shown on the elevations. I didn't
Town CouncilMinules #1194
July 5, 2000
Page 2
r
end up being the project planner for it because I left on maternity leave.
But I don't think it was something he tried to finagle in, and tried to get
away with.'
I wanted that as part of the record because, as Town Clerk for 12 years, I can tell you that
very few people bother to come into the Town of Tiburon to check on property. And somebody
that has been going to the Town for a couple of years to see what he could do to remodel the
property isn't somebody that's going to deliberately deceive you. And I think that's something that
you really have to take into consideration.. . ".
MOTION:
Moved:
Vote:
To approve Consent Calendar Items NO.3 through 6, above, as amended.
Hennessy, Seconded by Gram
AYES: Unanimous
F. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES
7) LffiRARY AGENCY BOARD - (One Vacancy)
MOTION: To appoint Allan Bortel to the Library Agency Board.
Moved: Matthews, Seconded by Bach
Vote: AYES: Unanimous
8) PLANNING COMMISSION - (One Vacancy)
Council deferred appointment until after interviewing candidates at its July 19, 2000 regular
meeting.
G. UNFINISHED BUSINESS
9) FY 2000-2001 STREET OVERLAY PROGRAM - (Authorize Town Engineer to
advertise for bids)
Town Manager Kleinert said the Town Engineer would seek bids for the Greenwood Beach
Drainage Project at the same time, and the overlay of that street would take place upon
completion of that project. He said the proposed bid opening date would be August 8, with
award of contract at the August 16, 2000 Town Council meeting.
Kleinert also noted that two streets scheduled for overlay fell within the newly formed Upper
Stewart Drive Utility Undergrounding Assessment District. He asked Council's direction on
whether to remove the streets from the proposed project since the funds would have to be used
on or before April 28. 200 I. He recommended that they be left in but the work postponed as long
as possible. Council concurred.
Mayor Gram asked if there were other streets on the "reserve" list. Finance Director answered
affirmatively, noting that there were three in Belveron and six in the Comstock area.
MOTION:
To authorize the Town Engineer to proceed to go out to bid for the Spring 2000
Street Rehabilitation Program.
Town Council Minutes # 1194
July 5, 2000
Page 3
Moved:
Vote:
Bach, Seconded by Hennessy
AYES: Unanimous
H.
PUBLIC HEARING
10) 8 FRANCISCO VISTA COURT - Appeal of Design Review Board Approval of
Variance for Construction ofa new Single Family Residence - (AP No. 39-111-01)
- James & Carolyn Holder, Applicants; Nancy & Ed Clock, 150 Avenida
Miraflores & Famoosh & Firuze Hariri, 163 Avenida Miraflores, Appellants
Senior Planner Watrous gave the Staff report. He said that on June 1, 2000, the Design Review
Board had approved a Site Plan and Architectural Review with a variance for lot coverage for the
construction ofa one-story, 3301 square foot, 19-1/2 foot high single-family dwelIing at 8
Francisco Vista Court. He said that nearby property owners Famoosh & Firuze Hariri, 163
Avenida Miraflores, and Nancy & Ed Clock, 150 Avenida Miraflores, had appealed the decision.
Watrous noted that boardmember Snow, the dissenting vote in the 2-1 approval, thought the mass
and bulk of the proposed hosue was too great for the site. He added, however, that the Town
more closely scrutinized the mass and bulk issues with regard to uphilI views rather than down.
Watrous further noted that the total floor area of the proposed dwelling was less than the
maximum alIowed for a parcel of this size, but said the structure itself would exceed the 15%
maximum lot coverage allowed in the RO-2 zone.
Watrous said the Board noted the "sensitive design, careful layout, and limited height" of the
proposed house in making its approval, and concluded that the application was consistent with the
Town's hilIside guidelines. He also noted that the boardmembers who viewed the story poles
from the Hariri's property had determined that there was no impact on the view from the
ceremonial rooms.
Council asked about the size of other homes in the area. Mr. Watrous said that they ranged
between 1800 and 3000 square feet, and were even larger further up Avenida Miraflores.
Councilmember Matthews asked whether Town Staff discussed potential issues like excess lot
coverage and the need for variances with an applicant or their architect when they began the
application process. Mr. Watrous answered affirmatively but said that, in this instance, the
applicant was not aware of the excess lot coverage prior to submitting the plans, and therefore
applied for a variance only after being informed by Staff that a variance was needed. Watrous
also noted that the Board sometimes used variances as trade-offs to keep a one-story design.
Mayor Gram opened the public hearing.
Ed Clock, 150 Avenida Miraflores, Appellant, said that in his 20 years residing in Tiburon, this
was the first time he felt that it was necessary to bring an appeal to the Town Council. He said
the requested 25.9% variance was 73% in excess of the 15% allowable lot coverage. He disputed
Town Council Minutes #1194
July 5, 2000
Page 4
the Applicant's contention that the parcel was unusual in size or substandard, noting that the
topography of the lot was flat while surrounding parcels were on steep hillsides. He also said the
next closest variance in the area was 1.1 miles away.
In short, Mr. Clock said the four findings necessary to grant a variance had not been met by the
Design Review Board, and asked that Council continue to "act conservatively" by not granting
this particular variance.
Famoosh Hariri, Appellant, 163 Avenida Miraflores, said the current structure at 8 Francisco
Vista Court was lO-feet high and complained that the new structure would more than double that
height. She said the chimney was obtrusive, and that she had a letter from an appraiser stating
that the new structure would adversely affect her property value by its impact on her view.
Jim Malott, architect representing the Clocks and Hariris, showed Council diagrams in which he
contended that the volume of the home would more than double with the addition of the pitched
tile roof, which would create, in effect, a two-story house.
Mr. Malott quoted from the Town's hillside guidelines, and said that Goal I sought to "reduce the
effective visual bulk of a structure." He said there needed to be further design review and
modifications, such as the reduction of "dead space" in the ceiling, and elimination of a large
skylight, which would reflect uphill to the neighbors' views.
In response to a question from Mayor Gram, Malott suggested that if the dwelling had a flat roof,
it would be more compatible to the neighborhood. He also said there could be a compromise in
the square footage of the house, in order to reduce the bulk.
Fred Devine, Applicants' architect, said he and his clients used and followed the Town's hillside
guidelines in designing the structure. He said they thought about the neighbors and took the view
issue, bulk and mass, and character of the neighborhood into consideration. Mr. Devine said that
was the reason for the one-story design.
Mr. Devine said the siting of the house was almost like the old structure, only pulled back more to
reduce the view impact of the neighbors. He said the 4: 12 pitch of the roofwas not unusual, and
that the "tucked in" nature of the siting meant that the uphill neighbors actually looked over the
house. At street level, Devine said the eyeline was level with the ridge of the roof, which was an
articulated roof, not one mass.
Mr. Devine said that neighboring homes had 24.8% and 32.5% lot coverage. He said their intent
was "not to have too big a house in too small an area." But he also pointed out that the large
streets and a "huge amount of separation" in the layout of the neighborhood.
Councilmember Hennessy asked whether a two-story house would be lower than the proposed
structure. Councilmember Bach said it would be 8 feet for each story plus the roof
Town C ounci/ Minutes # J J 94
July 5, 2000
Page 5
Councilmember Matthews said ifhe knew there was a 15% lot coverage restriction, he would
have instructed his architect not to exceed that.
Mr. Devine commented that the project started out as a remodel, one room at a time, which
would have ended up with a more obtrusive structure. He said that he and his clients looked at
comparable house sizes in the neighborhood, and FAR, but did not know about the lot coverage
Issue.
In response to a question from Vice Mayor Thompson, Devine said the three-foot chimney could
be made smaller. He also responded that they did not have a reflected ceiling plan per an another
inquiry from Thompson.
Mrs. Carol Holder, Applicant, said she and her husband were aware of the RO-2 zoning
requirements which would have allowed them to build a 30-foot, two-story structure, but said
they had chosen not to in order to be sensitive to their neighbors.
Mrs. Holder listed the square footages of some other homes in the neighborhood, about half of
which were larger than her proposed dwelling. She said the average size was 3714 square feet
versus 3792 of space in their plans. She pointed out that the Clocks had applied for a building
permit in 1983 which required two variances, which the Hariri's had appealed. She said ifher
neighbors were granted a variance, why shouldn't she get one?
During public comment, George & Geraldine Harmina, 3 Francisco Vista Court, spoke in favor of
granting the variance to the Holders. Mrs. Harmina said members of the Del Mar Valley
Homeowners Association did not want to see a two-story house built in that area.
During Appellant's rebuttal, Mr. Malott said it was "silly to build something like this that causes
problems," and that the Applicants could lower the roof, reduce their cost, and reduce the volume
of the house. He acknowledged that it was a design challenge to build on a comer lot, but noted
that smaller homes rather than larger ones usually ended up being built as a result.
Mr. Malott said his clients' goal was to get a one-story house with a reasonable height limit.
Mayor Gram closed the public hearing.
Councilmember Matthews continued to express concern about the excess lot coverage.
Vice Mayor Thompson surmised that the height of the roof could be lowered two feet.
Councilmember Hennessy said that while no one was entitled to "a panoramic view", the 25% lot
coverage was too great. Hennessy suggested a reduction in lot coverage and a two-story
structure that would be no higher than the current home.
Town C ounci/ Minutes # J J 94
July 5, 2000
Page 6
Councilmember Bach acknowledged that variances were sometimes granted to reach a better
solution overall, but said that a two-story structure would not necessarily have been better. He
denied that view blockage was a real issue, and said with some "tweaking" he would go along
with Staff's recommendation for approval.
Mayor Gram said he was familiar with the neighborhood, and that remodeling the Holder's home
could only improve the area. He said he was troubled by the size of the roof, and thought it could
be brought down two or three feet.
Overall, Gram said the plan was a "pretty design" and that the increased size and bulk had been
handled well. He therefore said he had no problem with the question of the variance for lot
coverage.
Architect Fred Devine questioned Council about whether a new application would be required if
they overturned the approval. Senior Planner Watrous advised Council that Staff could review a
revised set of plans based on Council's comments about a lower roofline. He also noted that the
Design Review Board had already addressed the chimney issue.
Councilmember Bach said he did not like locking in a certain number [offeet] nor [re-]designing
someone's house.
Councilmember Hennessy asked whether the DRB had addressed the skylight issue. Senior
Planner Watrous said they had made the usual Town requirements concerning skylights.
MOTION:
To remand the application to the Design Review Board for a "quick review" of the
design, which would lower the structure by at least two feet.
Thompson, Seconded by Bach
AYES: Bach, Gram, Thompson
NOES: Hennessy, Matthews
Moved:
Vote:
Councilmember Matthews noted that his opposition was based on the "excessive" (26%) lot
coverage. Councilmember Hennessy concurred.
11) FY 200 1-2002 TWO-YEAR TOWN BUDGET:
A. Adopt Two-Year Budget Plan - (Resolution)
B. Adopt Town Manager Salary FY 2001 - (Resolution)
1. Town Manager Kleinert said this was a continuation of the June 21 hearing on the two-
year budget plan. He reviewed the highlights of the general operating budget, noting that three
positions were being added: I) a Police Investigator (to be funded by COPS monies); 2) a
Building Department records clerk (to be funded by plan storage fees); and 3) a Maintenance
Mechanic in Public Works (who would also perform work for other local agencies for
reimbursement to the Town).
Town Council Minutes #1194
July 5, 2000
Page 7
On the latter, Town Manager Kleinert said that there had been discussion of deferring the addition
of the Maintenance Mechanic to Year 2 of the budget until a master plan had been drawn up of
the new Corporation Yard which would show where the shop building would be located, etc. He
said that the Superintendent had requested an additional landscaper to be added to the budget as
an immediate need.
II. Town Manager Kleinert and Finance Director Stranzl talked of the need to build up the
Town's depleted worker's compensation fund reserves over the two-year period.
IlL Town Manager Kleinert said that $150,000 was budgeted over the two-year period for an
update to the [Housing Element of the] General Plan, and Downtown Design Guidelines.
IV. Town Manager Kleinert noted that there had been a nine- percent increase in salaries over
last fiscal year, but an eight- percent increase in revenue to the Town.
V With regard to revenue, Town Manager Kleinert said the Town had experienced the best
fourth quarter in any fiscal year in the last 10 years, and noted that revenue was up 31 % over last
year.
Council discussed the possibility of hiring Mill Valley Refuse Service to do the Town's parks
garbage pick-up in lieu of Public Works. Staff noted that it would be an increase of
approximately.35 cents per month to the ratepayer. Council asked that the matter be agendized
for public hearing.
Superintendent of Public Works Iacopi said his only concern was for his men who had to pick up
leaking bags of dog waste. He said that if the Town implemented the new "pooper-scooper" bag
system, it would not be an issue. Council said it would discuss the matter further, but suggested
that Iacopi reformulate a work plan for his department in the event the Town chose to hire MVRS
for park garbage pick-up.
In describing the Capital Improvement Program, Town Manager Kleinert said that the Town's
"street impact fee" resolution had generated substantial funds for street repairs, up $200,000 from
last year. Council directed Finance Director Stranzl to "zero out the fund."
Kleinert noted that there were some major drainage repairs that would have to be addressed in the
next two fiscal years, and that 23 street light poles were scheduled to be replaced in the
downtown area. Council directed Staff to have the streetlights replaced in one year rather than
doing it as a phased project.
Vice Mayor Thompson directed Staff to "study the new State budget" and report on grants and
sources of funding for the Town for items such as the repairs to the Multi-use Path.
Town Manager Kleinert said Staff would return with a proposal for fund transfers in order to
maintain the Town's reserve goal of25% of the operating budget, or $1.1 million.
Town Council Minutes # 1194
July 5, 2000
Page 8
Council asked a number of questions of Staff One discussion item centered around the number
of police cars and vehicle replacement schedule. Council complimented Acting Chief of Police Lt.
Aiello on his memorandum on the subject, but continued to question the need for eight (8) police.
vehicles.
Another question centered on the $90,000 budgeted for "contractural services" within the Town
Attorney's department. Finance Director noted that it was an estimate: $75,000 was reserved to
cover unanticipated litigation costs, and the remainder was for services such as those provided by
interim Town Attorney John Sharp.
A.
MOTION:
Moved:
Vote:
To adopt (Resolution) the two-year Town Budget Plan for FY 2001-2002
Thompson, seconded by Bach
AYES: Unanimous
B. MOTION: To adopt the Resolution setting the Town Manager's salary at $9715 per
month for FY 2001
Moved: Hennessy, Seconded by Bach
Vote: AYES: Unanimous
Finance Director Stranzl said that Council could also revise the budget at any time.
I. STAFF & TOWN MANAGER REPORTS
12) GHILOTTI BROTHERS Request for Temporary Storage at Blackie's Pasture -
(Town Manager)
Town Manager Kleinert asked Superintendent of Public Works Iacopi whether he thought it was
necessary for the contractor to use Blackie's Pasture for storage for the Belvedere Drainage
Diversion Project. Iacopi said he did not think so. However, Town Manager Kleinert asked for
Council's authorization to negotiate agreements for temporary storage for Town projects between
the Town and contractors. Council concurred.
13) CAL/TRANS MEETING Re: Tiburon Boulevard - (Agenda Items)
Council concurred with a list of proposed agenda items presented by the Town Manager.
On another matter, Mayor Gram informed the Council of his intention to form a committee to
assist with the landscaping plan for the Belvedere Drainage Diversion project. He mentioned the
names ofTiburon residents Jim Mallot, Janice Gram, Diane Lynch, and Belvedere resident and
master gardener, Harvey Rogers.
J. COMMUNICA nONS
14) RICHARDSON BAY REGIONAL AGENCY - FY 2000 Status Report -
(Memorandum from Bill Price, dated May 31, 2000)
Council noted the report.
Town Council Minutes #1194
July 5, 2000
Page 9
K. ADJOURNMENT
There being no further business before the Town Council of the Town ofTiburon, Mayor Gram
adjourned the meeting at 10:40 p.m., sine die.
TOM GRAM, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes # 1 1 94
July 5, 2000
Page 10
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TOWN OF TIBURON
TRAFFIC SAFETY COMMITTEE
REPORT
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THE MEMBERS OF THE TOWN COUNCIL
TOM AIELLO, ACTING CHIEF OF POLICE
TRAFFIC SAFETY COMMITTEE MEETING - 06/27/00
July 25, 2000
On June 27,1999, a meeting of the Traffic Safety Committee was held. In attendance were
the following:
. Tom Aiello, Acting Chief of Police
. Irv Schwartz, Town Engineer
. Scott Anderson, Planning Director
. Tony Iacopi, Superintendent of Public Works
. John Kern, Reed Heights Property Owners' Association
Below is a summary of the meeting:
Item #1 - Neds Wav - traffic orovisions
The Traffic Safety Committee recommendations are:
The Town is now in charge of Ned's Way up to the end of the new public parking on the right hand
side, near the entrance of Chandler's Gate.
Traffic Safety Committee to draft a letter to the Hilarita Board indicating what our proposals
and what our plans are regarding the Neds Way changes.
The Traffic Safety Committee recommends the removal of the two speed bumps south of the
project, due to liability reasons, this issue will also be discussed with the Town Attorney. The
Town Engineer can look into other traffic calming measures can be utilized like roadway signs
and lines.
Item #2 - Access road from oolice deoartment to Lvford Drive
This road needs to be dedicated to the Town and named so we can enforce traffic safety laws, it also
needs to be up to standards for traffic enforcement
We will prepare a legal description of a right-of-way which will need to go to the Town
Attorney, who would prepare the necessary paperwork for the Town to adopt a resolution
accepting that right-of-way for a Town street, also the street will need to be named.
We recommend directional signage after completion of the construction.
Item #3 - Reouest for Iowerinl! the soeed limit on Hilarv Drive
The Traffic Safety Committee recommendations are:
Re-visit the plans as put out by the church.
Town Engineer will survey the area for what measures he can do in terms of striping and
signage and possible placement of a lower speed limit during school hours/when school
children are present.
Homeowners to possibly pay for traffic survey to see if they qualify for a 15 mph speed limit.
Item #4 - Unoaved oortion ofTiburon Boulevard and Lvford Drive. onl!oinl! use to store heavv
eouioment
The Committee feels that this appears to be a land use issue, we recommend that you take it in front
of the Town Council.
Item #5 - Reouest that Main Street be closed to traffic on weekends
The Traffic Safety Committee recommends:
We reviewed the situation we feel that while there is some merit to it as a aesthetic change, but this
is not a traffic safety issue, she should address to the Town Council.
Item #6 - Reouest to reoair oath inside l!uardrail at Tiburon Boulevard and Trestle Glen for
bicycle use
The Traffic Safety Committee is in agreement that the path need repairs. Tony Iacopi will draft up
what it will take to repair the path from the park to Trestle Glen.
Item #7 - Reouest to reolace or redo the street advisorv on Reed Ranch between East Terrace
and Cavford on downhill side
The Traffic Safety Committee recommendations are:
To relocate 25 mph sign at bottom of hill to a better vantage point.
Correct pavement (downhill side) to read "Slow 25."
Add Bots Dots on inside portion of curb to the white fog line in the area of 13 Reed Ranch
Road and Cayford.
Item #8 - Preliminarv discussion ofTiburon Boulevard. Reed Ranch Road to Stewart Drive-
traffic solutions
The Traffic Safety Committee agree that those areas need to be looked at and some form of
correction done to mitigate the problems. We seem to be getting no response from Cal Trans. From
the Traffic Safety stand point we would like to take it as a full picture instead of each individual
intersection problem.
The Traffic Safety Committee recommendations are:
We recommend a resolution from the Town of Tiburon requesting from the Engineering
Division of Cal Trans a comprehensive study from Blackfie1d through to Rockhill has how to
mitigate the existing and future traffic problems.
We Recommend a cost analysis on funding sources for a study from Blackfield Drive through
to Rockhill Drive. Based on cost and funding sources we can make a recommendation to the
Town to complete a survey and analysis of the problems ourselves.
TIBURON POLICE DEPARTMENT
TRAFFIC SAFETY MEETING
June 27 , 2000
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TOWN OF TIBURON
STAFF REpORT
ITEM NO.
MEETING DATE 8/2/2000
3
To: TOWN COUNCIL
From: SCOTT ANDERSON, PLANNING DIRECTOR~
Subject: FINAL SUBDIVISION MAP FOR CHANDLERS GATE AT TIBURON
(FORMERL Y NED'S WAY GARDEN HOMES) PROJECT: 25 UNITS AND A
COMMON AREA LOCATED AT 2-98 NED'S WAY; ASSESSOR PARCEL NO.
58-151-35
Date: JUL Y 28, 2000
BACKGROUND
On March 15,2000, the Town Council approved a Vesting Tentative Map for the Chandlers Gate
project, known at that time as the Ned's way Garden Homes project. Since that time, the
applicants have worked with Town Staff to finalize all conditions of the Vesting Tentative Map
and prior approvals including the Precise Development Plan
As of the preparation of this report, the applicant is nearing fulfillment of all required conditions
of approval. There is a slight chance that the final map will be ready for approval by meeting
time. rfthe process has been completed by the time of the Town Council meeting, the Council
may take action on the Final Map. Otherwise, a continuance will be in order.
ANALYSIS
The Final Map offers for dedication for public street purposes a small portion of the existing
unnamed access road located between the Tiburon Police Station and the Chandlers Gate
property Statfis recommending the acceptance of the offer of dedication for Parcel "B", and the
rejection of all other offers of dedication (public utility, sanitary sewer and water) made as part of
the final map .
This is a ministerial action and is exempt from CEQA
RECOMMENDA nON
Pending an oral update by Staff at the meeting, the Town Council should be prepared to adopt the
Resolution (Exhibit 1) approving the final map.
TibllrGn Town COl/I/cll
Sla!J "c/,orl
8,] 2000
I
EXHIBITS
1. Draft Resolution.
2. Final Map (available for review at the meeting).
Chandlers gate final map rpt.doc
Tiburon Town Council
Staff Repart
8/2/2000
2
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TlBURON APPROVING A FINAL MAP FOR THE
CHANDLERS GATE SUBDIVISION
(FORMERL Y KNOWN AS NED'S WAY GARDEN HOMES)
(ASSESSOR PARCEL NUMBER 58-151-35)
RECIT ALS
Pursuant to a Disposition and Development Agreement with the property owner, Tiburon
Redevelopment Agency, the Ned's Way Garden Homes, LLC has submitted a Final Map
proposing the creation of a common interest subdivision comprised of25 lots and a
common area. The Town Council approved the Vesting Tentative Map for this
subdivision on March IS, 2000.
The submitted map has been examined by the Acting Town Engineer and returned to the
Town Clerk as required in Section 14.36 of the Tiburon Subdivision Ordinance.
The Acting Town Engineer and Planning Department Staff have determined that the map
is in substantial conformance with the approved Vesting Tentative Map, and that all
required conditions of approval have been met.
APPROV AL
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does approve the map entitled "Map of Chandlers Gate at Tiburon" (5 sheets),
prepared by L L. Schwartz, dated May 2000, and does direct that said map be duly
recorded with Marin County.
BE IT FURTHER RESOL VED that the Town Council of the Town ofTiburon
hereby accepts the offer of dedication of Parcel "B" for public street purposes and rejects
all other offers of dedication
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on , 2000 by the following vote:
AYES. COUNClLMEMBERS
NOES. COUNClLMEMBERS
ABSENT COUNCILMEMBERS.
Tiburon Town Council
Resolution No.
--/--/2000
EXHIBIT NO. I
THOMAS GRAM, MAYOR
TOWN OF TIBURON
ATTEST
DIANE L CRANE, TOWN CLERK
Chundlers gule final map res. Joe
Tiburon Town Council
Resolution No.
--/--/2000
TOWN OF TIBURON
STAFF REPORT
To:
TOWN COUNCIL
ITEM NO. --1--
From:
TOWN CLERK
Subject: APPOINTMENTS TO BOARDS, COMMISSIONS & COMMITTEES
Date: August 2, 2000
BACKGROUND
There are currently three vacancies on Town Boards, Committees and Commissions:
1. HERITAGE & ARTS COMMISSION - Vacancy created by resignation of Valerie
Castellana; deadline for applications was July 28, 2000;
2. DESIGN REVIEW BOARD - Vacancy created by Wayne Snow's appointment to
the Tiburon Planning Commission on July 19, 2000;
3. PARKS & OPEN SPACE COMMISSION - Vacancy created by the resignation of
Tom Allen on July 23,2000.
ACTION REOUlRED
· For the Town Council to consider making an appointment to the Heritage & Arts Commission
at its August 2 regular meeting;
. To conduct interviews and/or make appointments to the Design Review Board and Parks &
Op~ S"" Cmmm,,;oo", it> A""".. 16, 2000 m","'g. ~,
D. Crane Iacopi
Town Clerk
EXHIBITS
--Notices of Pending Vacancies (DRB & POSe)
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TOWN OF TIBURON
SPECIAL VACANCY NOTICE
(Town Commissions, Boards & Committees)
Unscheduled Vacancies - JUL Y/AUGUST 2000
DESIGN REVIEW BOARD -
(Statutory Authority: Section 3.02 of Tiburon Zoning Ordinance)
Purpose:
The Design Review Board reviews and acts on applications for Site Plan
and Architectural Review, which can include plans for new residential and
commercial building, remodels, additions, accessory buildings, swimming
pools, fences, decks, and other structures. This review includes both the
site layout and architectural design characteristics of a proposal. Decisions
of the Board are final, unless appealed to the Town Council.
Qualifications:
A licensed architect is preferred to this vacancy, although not required.
Applicants for this Board need not be residents of the Town ofTiburon,
although residency is preferred. Applicants should have the interest, desire,
and time available to help promote the general welfare and aesthetics of the
community through proper regulation of site planning and architectural
design. Formal training, experience, or familiarity with architecture,
design, and/or landscape architecture are preferred but not required.
An unscheduled vacancy on the Design Review Board has occurred as follows:
Aooointees
Date Aooointed
Date Resillned
Term Exoires
1)
Wayne Snow
February 1997
July 2000
February 2001 *
*( 4-year term)
(Mr Snow was appointed to Town Planning Commission.)
Interested residents can contact the Tiburon Town Clerk at 435-7377, or pick up an application at
Tiburon Town Hall, 1505 Tiburon Boulevard.
DEADLINE for Receiot of Aoolications = AUGUST 4. 2000
cc: Tiburon Town Council/Commissions
Planning Director/Town Manager
The Ark/Independent Journal
Notice Posied at Office ofTiburon Town Clerk and Belvedere/Tiburon Public Library
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TOWN OF TIBURON
SPECIAL VACANCY NOTICE
(Town Commissions, Boards & Committees)
Unscheduled Vacancies - AUGUST 2000
PARKS & OPEN SPACE COMMISSION -
(Statutory Authority: Chapter 16, Section 3.07.00 of Tiburon Municipal Code)
Purpose:
To periodically review and submit recommendations to the Town council
on matters of policy pertaining to park and open space lands under the
jurisdiction of the Town, including their acquisition, maintenance,
improvements, and operation; coordinate with other boards and agencies
on related matters affecting the Commission's jurisdiction.
Qualifications:
Applicants should be residents of the Town ofTiburon and have the
interest, desire, and time available to participate in and help promote
community projects related to the above. The Commission meets regularly
on the second Tuesday of every month at 7:30 p.m. at Town Hall.
An unscheduled vacancy on the Parks & Open Space Commission has occurred as follows:
Aooointees
Date Aooointed
Date Resil!ned
Term Exoires
1)
Thomas Allen
February 1999
July 2000
February 2003*
*( 4-year term)
Interested residents can contact the Tibnron Town Clerk at 435-7377, or pick up an
application at Tiburon Town Hall, 1505 Tiburon Boulevard.
DEADLINE for Receiot of Aoolications
AUGUST 11. 2000
cc: Tiburon Town Council & Commissioners
Town Staff
The Ark/Independent Journal
Notice Posted at Office ofTiburon Town Clerk and BelvederefI'iburon Public Library on July 28, 2000.
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
MEETING DATE: 8/2/2000
7
To:
From:
Subject:
Date:
TOWN COUNCIL
SCOTT ANDERSON, PLANNING DIRECTOR fr!!r
TOWN OF CORTE MADERA HOUSING ELEMENT REVISION
JUL Y 28, 2000
BACKGROUND
The Town of Corte Madera has been revising its General Plan Housing Element since 1998, when
it was sued by Legal Aid of Marin for deficiencies in that Element. The Tiburon Town Council
received an update on this matter from in January 1999, and sent a letter to the Town of Corte
Madera in February 1999.
A revised draft Housing Element was released in March 1999. A draft EIR on the Housing
Element and related General Plan and Zoning Ordinance amendments was released in May, 2000
and received by the Town ofTiburon last month.
Public hearings on the DEIR were held in June and July of2000. Preliminary direction from the
Corte Madera Planning Commission has been to identify additional affordable housing
opportunity sites, analyze them, and then revise and recirculate the Draft ElK
ANALYSIS
Tiburon Planning Department Staff has performed a preliminary review of the Draft EIR. Staff
has serious concerns regarding the scope of the DEIR's intended use and its adequacy for that
intended use.
In the traditional manner, the DEIR would serve as the programmatic environmental document
for the Housing Element revisions and related Land Use Element amendments and Zoning
Ordinance amendments. Programmatic EIRs offer relatively general analysis of potential impacts,
acknowledging that further environmental review of specific projects (project-level EIRs) would
be required at the time such projects may be proposed.
Tiburon Town Council
SlOjJ Reporl
8/2/2000
I
Astonishingly, this DEIR also purports to be the proiect-specific environmental document for
three development projects (including Robin Drive) that total 368 dwelling units. This means
that if a development application were filed for a project essentially the same as the project
studied in this EIR, then the Town of Corte Madera would maintain that no further environmental
review would be required.
Tiburon Staff believes that the DEIR provides only cursory and conclusory analysis of the project-
specific impacts of these three housing projects. Staff believes the DEIR to be inadequate in
numerous areas. For comparison purposes, a typical DEIR analyzing a 4-unit project in Tiburon
would provide more detailed discussion and analysis of potential impacts than is provided for any
of the 100+ unit projects studied in the Corte Madera EIR.
Concerned Tiburon residents who live in the Robin Drive vicinity have retained a qualified
professional to critique the DEIR. Staff has knowledge of this person and is confident that a high-
quality, professional critique of the DEIR will be produced, in the interest of ensuring that the
spirit and intent of CEQA is followed The concerned Tiburon residents have indicated that they
will forward a copy of this letter, when finalized, to the Town ofTiburon. At that time, the Town
Council should revisit the issue and may wish to consider directing Staff to prepare a letter for the
Mayor's signature.
RECOMMEND A nON
. Receive this report
. Direct Staff to forward the letter to the Town Council upon its arrival
EXHIBITS
I. Excerpts from DEIR.
Cortemad2.rpt
Tibllron Town COllneil
Stoff Report
8/2/2000
2
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COltT! MADERA HOUSING ELEMENT
DRAFT I!NVIIlONMI!NTAL IMPACT RI!PORT
INTR.ODUCTION
Once the Town Council certifies the FEIR, it will also consider adoption of
the Housing Element, General Plan Amendments and Zoning Ordinance
changes, which may entail their adoption as drafted, adoption with amend-
ments, or rejection. If the Housing Element, General Plan Amendments and
Zoning Ordinance changes are adopted, the Council may require inclusion of
mitigation measures specified in this EIR. Alternatively, the Council could
require other mitigation measures deemed to be effective mitigations for the
identified impacts, or it could find that the mitigation measures cannot be
feasibly implemented. A similar process will ensue for the Paradise/San
Clemente Specific Plan.
The Town Council will also rely on this EIR, if certified, as the environmental
review document for the three individual housing projects discussed herein. If
any of these projects is approved, the Council may require inclusion of
mitigation measures specified in this EIR. Alternatively, the Council could
require other mitigation measures deemed to be effective mitigations for the
identified impacts, or it could find that the mitigation measures cannot be
feasibly implemented.
F or any identified significant impacts for which no mmgation measure is
feasible, the Town Council will be required to make a finding that the measures
to mitigate the impact are outside the jurisdiction of the Town, or that the
impacts are considered acceptable because overriding considerations indicate
that the projects' benefits outweigh the impacts in question.
~
EXHIBIT NO, {
p. I "f.l
5
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1
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3
PROJECT DESCRIPTION
I
I
I
The Town of Corte Madera is proposing to adopt a reVised General Plan
Housing Element, including actions and programs to implement it. In addition
to the revised Housing Element itself and changes to other General Plan
elements, to the draft Paradise/San Clemente Specific Plan and to municipal
ordinances, the project also includes the identification of three potential afford-
ahle housing sites. Consequently, the environmental review of this-project
includes:
I
I
. Programmatic review of the proposed Housing Element and related Gene-
ral Plan and Specific Plan Amendments, policies and regulations, including
adoption and application of new overlay zones in four areas.
. Project-level review of housing development on three sites: Madera Bay
Park, Robin Drive and San Clemente Drive.
I
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The EIR examines the impact of the construction of 368 units of sizes ranging
from studio/efficiencies to four bedrooms which are assumed to be constructed
in the four overlay zone areas. The total population yield is estimated to be
886' residents.
J
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I
Figure 1 shows Corte Madera's regional location. Figure 2 shows a map of
Corte Madera and the specific areas in which rezoning and housing develop-
ment would occur. In this chapter, figures are placed at the end of the text.
I
A. Town of Corte Madera Location and Characteristics
I
As shown in Figure 1, Corte Madera is located in Marin County approximately
8 miles north of San Francisco. The Town is bisected by Highway 101 and is
bounded by the San Francisco Bay to the east, the City Of Larkspur and the
Corte Madera Channel to the north, the City Of Mill Valley to the west and
the Town Of Tiburon to the south.
I
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Corte Madera is surrounded by prominent ridges and peaks. These include
Ring Mountain to the south, Corte Madera Ridge and King Mountain to the
west, Southern Heights Ridge to the north in San Rafael, and Mount Tamalpais
I
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47
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Number of People anticipated:
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NAME & ADDRESS OF INDIVIDUAL
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TOWN OF TlBURON
. s5~L EVENT PE~I~ ....
DATE OF EVENrAc. AjJ I 5': L TIME:(Startto Finish) QIo -5' f-J<.{'-". 70 - ;!- ~
TYPE OF EVENT: .~U'-}-.'~~ ~'-'-Ipo)r A~ l~k".oc ~lAk. T~r.
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Please describe YOUR PLAN for the following: (Attach separate sheets ifnecessary)
PARKING: 12 V V- - (=.......JL ~'
vt;- 'd" s .o~ ~ ~L=J:. '-c.....r
Street Blockage or losure: W~
l.s~
CLEAN-UP & RECYCLING - (RE~D BY OWN OF TIBURON)
5' vJ itu2.-" < ~
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FIRST AID: v:; (' ~f) 'r, w; : "'- .}..Q...
Do you anticipate using sound amplification equipme t?
If so, please describe:
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Your Permit will be approved onlv after receipt of documentation showing that the Town of Tiburon has
been added as an additional named insured to your insurance policy for this event. This normally requires
an endorsement. A certificate showing only that you have insurance is not sufficient. Special Event
Insurance can be purchased through the Jt. Recreation Department at 435-4355 (ask for Dana Thor).
For other questions pertaining to this permit, contact Tiburon Town Clerk Diane Crane at 435-7377. You
can fax or mail your completed form to Town Hall at 435-2438, 05 Tiburon Blvd. 94920. T.lIank u.
I
Date:
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APPROVED BY:
-
Date
Chief of Police
Superintendent of Public Works
Date
RECEIVED
JUl 2 7 2000
Date
TOWN MANAGERS OFFICE
T8WN OF Tl8URON
Planning Director
Date
9-4-98
Town Manager
VICTORIAN
HOUSE TOUR
ANGEL ISLAND
AUGUST 5 & 6
11:00 AM - 3:30 PM
Three wonderful, historic homes open to the public for 2 days only
* Tour 100 year old homes with costumed docents.
* Partake delicious drinks and delicacies of the period.
* watch lace making and bread baking demonstrations.
~.. - .'" - Tickets: $10 in advance
. I\IP'I"",,&,
,iJIiii".
111111I1111I1111111 $12 on the day
Proceeds to benefit the work of the
Angel Island State Park Volunteers.
Please call for information and reservations
(415) 435-3522